UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION
[“TRANSFERRED” FROM: SOUTHERN DISTRICT OF FLORIDA, WEST PALM BEACH DIVISION]

JENNIFER FRANKLIN PRESCOTT, DR. JORG BUSSE,

Plaintiffs,

versus Reassigned Case # 2:09-CV-00791-CEH-SPC

ROGER ALEJO; KENNETH M. WILKINSON; JACK N. PETERSON; ROGER

DESJARLAIS; LEE COUNTY, FLORIDA; LEE COUNTY VALUE
ADJUSTMENT BOARD; LORI L. RUTLAND; STATE OF FLORIDA, BOARD
OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND; STATE
OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION; CHAD
LACH; CHARLES “BARRY” STEVENS; REAGAN KATHLEEN RUSSELL;
KAREN B. HAWES; ROGER DESJARLAIS; CHARLIE GREEN; BOB JANES;
BRIAN BIGELOW; RAY JUDAH; TAMMY HALL; FRANK MANN; UNITED
STATES ATTORNEY(S); SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID P.
RHODES; A. BRIAN ALBRITTON; CYNTHIA A. PIVACEK; JOHNSON
ENGINEERING, INC.; STEVEN CARTA; MIKE SCOTT; HUGH D. HAYES;
GERALD D. SIEBENS; STATE OF FLORIDA ATTORNEY GENERAL;
WILLIAM M. MARTIN; PETERSON BERNARD; SKIP QUILLEN; TOM
GILBERTSON, RYAN LENGERICH, NEWS PRESS,
Defendants.

AFFIDAVIT, NOTICE OF APPEAL,

RACKETEERING, CORRUPTION, FRAUD, AND CRIMES
____________________________________________________________________________/

NOTICE OF APPEAL, AFFIDAVIT,

FROM FRAUDULENT PRE-FILING INJUNCTION, DOC. # 245, DOC. # 213
ANY AND ALL NULL & VOID “orders” BY DEF. HONEYWELL & S. P. CHAPPELL,
“global pre-filing injunction”, GOV. RACKETEERING, EXTORTION, RETALIATION,
AND FALSIFIED judgment & “writ of execution”, DOC. ## 425, 424, 434, 435, 433, 430,
2:2007-cv-00228
EMERGENCY MOTIONS TO ENJOIN FRAUD ON COURT, DOC. ## 245, 213
EMERGENCY MOTION TO ENJOIN “sale of real property”
WHICH GOVERNMENT HAD FRAUDULENTLY “claimed” TO “own”
UNDER COLOR OF FORGED “land parcel” “12-44-20-01-00000.00A0”, AND
FACIALLY FORGED “O.R. 569/875” & FAKE “legislative act/resolution/regulation”
DIRECT INDEPENDENT ATTACK ON ORGANIZED GOVERNMENT CRIMES:

UNITED STATES OF AMERICA, Ex Rel. et al. v. UNITED STATES OF AMERICA et al.

 LAWSUIT AGAINST DEF. CORRUPT CHARLENE EDWARDS HONEYWELL

AND DEF. SHERI POLSTER CHAPPELL, et al

1. The Plaintiff Government corruption and racketeering victims and unimpeachable record

owners of Lot 15A, Cayo Costa, S-T-R-A-P # 12-44-20-01-00015.015A, Lee County Plat

Book 3, Page 25 (1912), sued Defendant Crooked Charlene Edwards Honeywell, UNITED

STATES OF AMERICA, Ex Rel. et al. v. UNITED STATES OF AMERICA, et al., U.S.

District Court, District of New Hampshire, Case 1:2010-cv-00321-JL.

ADOPTION OF LAWSUIT, et al. BY REFERENCE IN THIS NOTICE OF APPEAL

2. The Plaintiff unimpeachable record owners of Lot 15A adopt by reference in this Notice of

Appeal

a. The attached Complaint and well proven allegations against Defendant U.S. Corrupt

Official Charlene E. Honeywell, UNITED STATES OF AMERICA, Ex Rel. et al. v.

UNITED STATES OF AMERICA, et al., U.S. District Court, District of New

Hampshire, Case 1:2010-cv-00321-JL;

b. The Docket sheet, Case 2:2007-cv-00228, evidencing the falsified “writ of execution”,

Doc. # 425, and lack of any $5,048.60 judgment and mandate;

c. The Notice of Appeal, Doc. # 436 as submitted, 443 pages, Case 2:2007-cv-00228;

d. The fabrication of 90 pages by Defendant Drew Heathcoat, Clerk of Court’s Office,

Doc. # 436 as falsified by Defendant Clerk of Court, 533 pages.

ORGANIZED JUDICIAL CRIME – RACKETEERING, EXTORTION, …:

IRRATIONAL & ILLEGAL seizure of LOT 15A purportedly claimed as public land

3. The publicly recorded extortion and fraud scheme of “Government seizure” and “forced

sale” of Plaintiffs’ Lot 15A, Cayo Costa, would be absolutely impossible, if Lot 15A had

been “claimed as public land” as fraudulently pretended by Def. Honeywell. Here, the

2
 record had conclusively evidenced the lack of any judgment and lack of any involuntary title

transfer to Lee County, FL. See Case 2:2007-cv-00228; Doc. ## 436, 288, 282. Here,

Defendant Honeywell fraudulently pretended and conspired with other Officials to falsely

pretend that the Plaintiff record owners’ Lot 15A had been “claimed as public land”, Case

2:2009-cv-00791; Doc. # 245.

PRIMA FACIE IDIOTIC AND INCOMPREHENSIBLE “claim as public land”

4. Defendant “land parcel” Forger Kenneth M. Wilkinson falsified a “lien” on exempt Lot

15A, Cayo Costa, in the record absence of any final judgment and mandate. Def. Wilkinson

fraudulently concealed that he was not any judgment creditor, but moved the Court to force

the sale of Lot 15A, while Defendant Honeywell idiotically pretended that Lot 15A had

been claimed as public lands.

5. No intelligent, honest, and fit judge and/or person in Honeywell’s shoes could possibly

reconcile the publicly recorded fatally conflicting nonsense and hoax of a prima facie

falsified “land claim” of Lot 15A and a facially forged judgment lien in the absence of any

judgment. Here absurdly, Defendant Corrupt C. E. Honeywell perpetrated organized

judicial crimes:

“At the heart of each case, Plaintiffs allege that they are the owners of Lot 15A in the
Cayo Costa subdivision of Lee County, Florida (Dkt. 1, ¶1; Dkt. 5, ¶1). Plaintiffs
attempt to challenge a resolution adopted in December 1969 by the Board of
Commissioners of Lee County, Florida, where Lot 15A, among other property, was
claimed as public land (“Resolution 569/875") (Dkt 5, Ex. 3, p. 9). See Prescott, et
al., v. State of Florida, et al., 343 Fed. Appx. 395, 396-97 (11th Cir. Apr. 21, 2009);
Busse, et al. v. Lee County, Florida, et al., 317 Fed. Appx. 968, 970 (11th Cir. Mar 5,
2009). To fully establish the need for a global pre-filing injunction, the Court will
summarize the pertinent facts of each previous case that Plaintiffs filed relating to this
property dispute.” See Doc. # 245, 07/20/2010, p. 3.

WARRANTY DEED PROVED JUDICIAL RACKETEERING, FRAUD & CRIMES

6. Here, Plaintiffs’ publicly recorded WARRANTY DEED, Lee County INSTRUMENT #

2010000171344, proved the absurd judicial hoax and racketeering/extortion scheme of a

3
 “resolution 569/875” and “claim of Lot 15A as public land”. No law, resolution, legislative

act, whatsoever, could have possibly involuntarily divested the Plaintiffs of their

unimpeachable marketable record title to and ownership of Lot 15A, Cayo Costa, PB 3, PG

25 (1912).

PUBLICLY RECORDED “resolution”-RACKETEERING & EXTORTION SCHEME

7. Any involuntary alienation would have been strictly a judicial function. No legislator ever

had (or could have possibly had) any authority to divest the Plaintiffs’ of their record title

against Plaintiffs’ will. See Separation-of-Powers-Doctrine and Florida’s express

Constitutional Protections; 14th, 4th U.S. Const. Amendments.

PRESCOTT v. STATE OF FLORIDA PROVED ORGANIZED GOVERNMENT CRIME

8. Prescott, et al., v. State of Florida, et al., 343 Fed. Appx. 395, 396-97 (11th Cir. Apr. 21,

2009) had stated:

“I. BACKGROUND
A. Current Action
The Appellants are owners of Lot 15A in the Cayo Costa subdivision in Lee
County, Florida.”
“The Appellants' Lot 15A is on the west side of the Cayo Costa subdivision on
the Gulf of Mexico and is adjacent to land that was claimed through Resolution
569/875 to create the Cayo Costa State Park.”

CRIMINAL & ILLEGAL “pre-filing injunction”, DOC. # 245

9. Here, the Plaintiff record owners and title holders had paid real property taxes, Lot 15A,

Cayo Costa, and were entitled to defend against, e.g., publicly recorded Government

racketeering, wire fraud, extortion, retaliation, obstruction of justice, deliberate

deprivations, and bribery. See Lee County Tax Collector’s public records, riparian Lot

15A, Cayo Costa.

10. Here, Defendant Crooked Judge Honeywell had no authority to fraudulently conceal

Plaintiffs’ unimpeachable record ownership, real property tax payments, rights to own

and exclude Government from Lot 15A, Cayo Costa, under color of facially forged
4
 “resolution 569/875” and by prima facie criminal and illegal means of a “global pre-filing

injunction”, Doc. # 245, Case 2:2009-cv-00791.

BRIBERY & OBSTRUCTION OF JUSTICE

11. Here in exchange for bribes, Defendant Crooked Judge Honeywell obstructed justice,

retaliated, and deliberately deprived the Plaintiff record title holders and owners of their

fundamental rights to redress Governmental grievances and defend against unlawful

Government seizures of Plaintiffs’ private property, racketeering, extortion, due process

and equal protection violations, 1st, 14th, 4th, 7th U.S. Constitutional Amendments.

FRAUDULENT CONCEALMENT AND CONSPIRACY TO CONCEAL

12. Here, Defendant Honeywell fraudulently concealed and conspired to conceal that, e.g.:

a. The Plaintiffs are the unimpeachable record “owners of Lot 15A in the Cayo Costa

subdivision of Lee County, Florida”, pursuant to, e.g., Ch. 712, Fla. Stat., Florida’s self-

enforcing Marketable Record Title Act;

b. No “claim” or “resolution”, whatsoever, could have possibly involuntarily divested the

Plaintiffs of their perfected marketable record title to Lot 15A, Cayo Costa, PB 3 PG

25 (1912);

c. No legislator or lawmaker, whatsoever, had any authority to usurp judicial authority to

make a judicial order transferring title against Plaintiffs’ will;

d. No judge had ever made any order or judgment involuntarily alienating Lot 15A;

e. “The Board of Commissioners of Lee County, Florida,” never adopted any “resolution

569/875” in December 1969;

f. No name of any commissioner appeared on prima facie scam “O.R. 569/875”;

g. Scam “O.R. 569/875” was not any law, resolution, or legislative act and unauthorized;

h. “Involuntary-alienation-by-fake-resolution” was a racketeering & extortion scheme;

i. The prima facie sham “land claim” lacked any color and was legally incomprehensible;
5
j. Lot 15A was never “claimed as public land”; see Tax Records & Grantor-Grantee Index;

k. Prima facie extortion and fraud scheme “O.R. 569/875” was not any “claim”;

l. The law did not recognize facially incomprehensible “resolution 569/875”;

m. The legal description of Lot 15A, Cayo Costa, did not appear in the sham “resolution”;

n. No valid authentic legal description appeared in the facially forged “resolution”;

o. Falsified “resolution 569/875" had never legally existed;

p. Scam “O.R. 569/875” did not, and could not have possibly, complied with Ch. 11, Fla.

Stat., Legislative Organization, Procedures, and Staffing;

q. Said facially forged “resolution” was not any writing, instrument, or muniment of title;

r. The fake “resolution” was not any conveyance, instrument, or eminent domain document;

s. The prima facie unauthorized “global pre-filing injunction” was an organized

Governmental crime scheme for criminal and illegal purposes of, e.g., extortion and

racketeering;

t. Def. Honeywell obstructed justice under color of authority & scam “O.R. 569/875”;

u. Def. Honeywell obstructed justice under color of a fake writ of execution, Doc. # 425;

v. Def. Lee County Commissioners had no authority to sign any “claim” of uncertain and

legally un-described lands;

w. Lot 15A was never subject to any enforcement of any money judgment against Dr. Busse;

x. The fake writ of execution, Doc. # 425, Case 2:2007-cv-00228, violated Florida’s

Judgment Lien Law; see Ch. 55, Fla. Stat.;

y. Defendant Appellee Kenneth M. Wilkinson was not any judgment creditor;

z. Def. K. M. Wilkinson never incurred any actual and necessary attorney’s fees; see

business records on file;

aa. Dr. Jorg Busse was not any judgment debtor;

bb. Lot 15A was exempt real property and owned by the entireties;
6
 cc. Litigation has been pending and no final judgment existed.

DEF. HONEYWELL’S IDIOTIC RETALIATORY CONCOCTIONS

13. For criminal purposes of racketeering, retaliation, extorting Plaintiffs’ property,

fabricating and/or falsifying the “adoption” of fake “resolution 569/875”, Defendant

Crooked U.S. Judge Honeywell concocted in Doc. # 245, p. 2:

“I. BACKGROUND
Plaintiffs have a persistent history of filing baseless, incomprehensible and repetitive
pleadings which have impacted the resources of this Court, as well as of Defendants.”

Here, Plaintiff unimpeachable record owners of Lot 15A had a history of pleading well-

proven and publicly recorded Government fraud, corruption, deliberate deprivations,

extortion, retaliation, racketeering, et al., which tarnished the reputation of this Court as a

ruthless criminal organization.

RECORD LACK OF ANY instrument & COVER-UP OF SCAM “O.R. 569/875”

14. Neither Defendant Honeywell nor Defendants Lee County were the holder of any instrument

and/or fake “O.R. 569/875”.

RECORD LACK OF grantor AND grant – FAKE “claim”, “O.R. 569/875”

15. § 695.09, Fla. Stat., states:

695.09 Identity of grantor.--No acknowledgment or proof shall be taken, except as

set forth in s. 695.03(3), by any officer within or without the United States unless the
officer knows, or has satisfactory proof, that the person making the acknowledgment
is the individual described in, and who executed, such instrument or that the person
offering to make proof is one of the subscribing witnesses to such instrument.

Facially forged “claim”, fake “resolution 569/875”, was not any genuine legally

comprehensible paper, but a prima facie extortion and racketeering scheme. Here, there

had been no grant and/or conveyance. Here, there was no grantor, and nothing uncertain

and legally un-described could have possibly been granted to anyone and/or Lee County.

Here, nobody knew who could have possibly executed facially unlawful and unauthorized

scam “O.R. 569/875”. Here, there were no subscribing witnesses.

7
 NO entitlement to enforce FACIAL SCAM “O.R. 569/875”

16. § 673.3011, Florida Statutes, states:

673.3011 Person entitled to enforce instrument.--The term "person entitled to

enforce" an instrument means:
(1) The holder of the instrument;

Here, Defendants Lee County were never the holder of any instrument “O.R. 569/875” and

not entitled to enforce prima facie unauthorized scam “O.R. 569/875”. See Title XXXIX,

Commercial Relations, Ch. 673, Negotiable Instruments.

17. Here, Defendant Corrupt Judge Honeywell fraudulently concealed that prima facie sham

“claim” “O.R. 569/875” was not any negotiable instrument and on its face null and void. On

its face, publicly recorded scam “O.R. 569/875” lacked any authentic legal description,

legislative names, signatures, history, acknowledgment, and witnesses. Here as a matter of

law, nobody was entitled to enforce unauthorized extortion and fraud scheme “O.R.

569/875”.

LEE COUNTY, FL, WAS NOT ANY real party in interest

18. Pursuant to Florida’s real party in interest Rule, Fla. R. Civ. P. 1.210(a), Lee County was

not any real party in interest. Here, Lee County had no interest, was not any record owner,

and Lee County’s presence was neither necessary nor proper to a complete determination of

the cause. Id.

CONSPIRACY TO FRAUDULENTLY CONCEAL AND EXTORT

19. Here, Defendant Honeywell fraudulently concealed and conspired to conceal that Lee

County, FL, had never been any real party in interest.

RECORD LACK OF ANY GENUINE INSTRUMENT

20. § 697.10, Fla. Stat., states:

697.10 Liability for error in mortgage deed or note.--In any action relating to real
property, if the court shall find that any person has prepared an instrument which due
to an inaccurate or improper legal description impairs another person's title to real
8
 property, the court may award to the prevailing party all costs incurred by her or him
in such action, including reasonable attorney's fees, and in addition thereto may
award to the prevailing party all actual damages that she or he may have sustained as
a result of such impairment of title.

Here, facially forged “O.R. 569/875” was not any genuine instrument. Here, there was no

authentic accurate legal description in said prima facie sham and legally

incomprehensible “claim”.

21. Here, Defendant Crooked Honeywell recklessly slandered and conspired with other

Officials to slander Plaintiffs’ perfected marketable title to said Lot 15A under color of

falsified “resolution 569/875”, which impaired Plaintiffs’ title to their record riparian real

property on the Gulf of Mexico, Parcel 12-44-20-01-00015.015A.

22. Here, Plaintiffs were entitled to all costs incurred by them while defending their record Lot

15A ownership against, e.g., publicly recorded Government racketeering, retaliation,

extortion, obstruction of justice, fraud on the Court, deliberate deprivations, and

bribery.

ORGANIZED GOVERNMENT CRIME SCHEMES

23. Defendant Corrupt Judge C. E. Honeywell evidenced, e.g., organized Government crime,

racketeering, extortion, obstruction of justice, bribery, retaliation, Doc. # 245, pp. 3

through 12:

“To fully establish the need for a global pre-filing injunction, the Court will
summarize the pertinent facts …”

Here Defendant Honeywell summarized facts pertinent to the conclusively proven

fraudulent Governmental concealment and cover-up of the prima facie criminality,

illegality, and nullity of extortion and fraud scheme “O.R. 569/875”.

24. In each fixed “case”, Judges and/or Government Officials conspired to, e.g., defraud,

deliberately deprive, racketeer and extort Cayo Costa land and money from the Plaintiffs

under fraudulent and false pretenses of, e.g., facially forged “resolution 569/875” and

9
 “frivolity”. Here, obstruction of justice, retaliation, bribery, and silencing the Plaintiffs

were unlawful acts. See Doc. # 245, pp. 3 through 12.

CONSPIRACY TO FALSIFY ATTORNEY’S FEES AND EXTORT

25. Defendant Charlene Edwards Honeywell conspired with other Government Officials and

Defendants to falsify attorney’s fees.

26. Defendant Crooked Judge Honeywell knew and fraudulently concealed that Defendant

Appellee Kenneth M. Wilkinson, Lee County Property Appraiser’s Office had never

incurred and could not have possibly incurred actual and necessary attorney’s fees in the

amount of $5,000.00.

ANARCHY & BRIBERY IN FLORIDA’S FEDERAL COURTS –LOSS OF jurisdiction

27. On June 11, 2009, the U.S. Court of Appeals had lost jurisdiction, Case 2008-13170-BB.

Jurisdiction followed the mandate and final money judgment in the amount of $24.30 for

“copies” under Fed.R.App.P. 39. “Frivolity of the appeal” had never been any issue

whatsoever. Neither the Appellant nor the Appellee nor anyone else had ever raised the

fabricated issue of a frivolous appeal. See Opinion and Mandate.

28. Therefore in July 2009, the 11th Circuit could not have possibly awarded anything to

Defendant “land parcel” Forger Kenneth M. Wilkinson.

29. After June 11, 2009, Defendant Racketeer Wilkinson did not incur any actual and necessary

attorney’s fees in said CLOSED APPELLATE CASE, 2008-13170-BB.

CRIMINAL FALSIFICATION OF July 29, 2009, judgment

30. Here, no Florida judgment existed that could have possibly served as any basis for a valid

judgment lien. In particular, no Florida state court or United States District Court had ever

made any “$5,048.60 mandate and/or money judgment”. Here, no dispositive and final order

had been made. In particular, the central issues such as, e.g., the facially forged “land

10
 parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” had never been

reviewed at all.

POLICY & PATTERN OF RAPE, COVER-UP, CONCEALMENT, AND CONSPIRACY

31. Defendants’ policy and pattern of cover-up and fraudulent concealment perfect Florida’s

organized Government crime machine. Just like pervert priests in the Catholic Church

encourage sodomy, Defendant Florida Judges and Government Officials encouraged, e.g.,

rape of the law, intimidation of victims, and retaliation for criminal purposes of extending

the criminal culture or racketeering and corruption. Once Officials perpetrated their pervert

fucking, cover-up, concealment, and conspiracy followed under false pretenses that, e.g., the

victims’ proof was “frivolous” and that the victims must be silenced by, e.g., a “global pre-

filing injunction”.

32. Here, Dr. Busse had paid the $24.30 and Defendant record Forger Wilkinson and the

Courts were estopped from falsifying any debt, outstanding judgment, and/or $5,048.60.

33. Here, no “$5,048.60 judgment” could be found in the U.S. District Court, Case 2:2007-cv-

00228. No judgment lien attached to Lot 15A. Here, no judgment existed to operate as a lien

against exempt real property, Lot 15A, Ch. 55, Fla. Stat.

34. In order for any judgment to operate as a lien, a certified copy thereof must be recorded.

Here, the only money judgment and final mandate in the amount of $24.30 had been paid and

could not have possibly been outstanding.

35. A valid curative affidavit would have been required had the facially falsified and forged

judgment been genuine. No curative valid affidavit was ever filed and/or recorded under

Florida’s Rules.

36. Furthermore, Lot 15A has been owned by Dr. Jorg Busse in such a manner that is would be

exempt and could not possibly be subject to any levy and/or execution.

11
37. Defendant “fake lot 00A0” Forger Kenneth M. Wilkinson was not any “lien holder”. Here,

no “lien holder” was identified or could have possibly been identified.

38. Here, the sham “$5,048.60 judgment” was a record racketeering and extortion scheme,

and Defendant Crook Wilkinson never perfected and could not have possibly perfected any

judgment lien on Lot 15A. The falsified affidavit proved perjury and violated the Rules.

39. No authentic and valid writ of execution was ever served upon Dr. Jorg Busse.

40. Litigation has been pending since 2006 and no final judgment existed. Furthermore, the

Plaintiffs filed independent actions for relief from fraud on the Courts.

41. Def. Wilkinson was never entitled to entry of any order directing public sale of Lot 15A.

42. Here, Defendant Charlene E. Honeywell conspired with Defendant Officials Wilkinson,

Steele, Polster Chappell and other Officials and Defendants to fraudulently pretend and

fake an outstanding judgment for criminal and illegal purposes of, e.g., racketeering,

retaliating, extorting Plaintiffs’ land and money, and coercing the Plaintiff(s) to refrain

from prosecution in violation of their Civil Rights and the 1st, 14th, 7th, and 4th Const.

Amendments.

DEFENDANTS’ UNAUTHORIZED CHANGES TO FALSIFIED instruments

43. § 673.4071, Fla. Stat., states:

673.4071 Alteration.
(1) The term "alteration" means:
(a) An unauthorized change in an instrument which change purports to modify in
any respect the obligation of a party; or
(b) An unauthorized addition of words or numbers or other change to an
incomplete instrument which addition or change relates to the obligation of a party.
(2) Except as provided in subsection (3), an alteration fraudulently made
discharges a party whose obligation is affected by the alteration unless that party
assents or is precluded from asserting the alteration…”

Here, altered versions of prima facie scam “O.R. 569/875” and fake judgments were on

file. Here, the Defendants made unauthorized changes to record falsified instruments,

judgments, and claims, which discharged the Plaintiffs from any and all obligations.
12
 THE 11th APP. CIRCUIT HAD DENIED DEF. FORGER WILKINSON’S MOTION

44. In the Appeals from the United States District Court for the Middle District of Florida,

Docket No. 2008-00364-CV-FTM-29-SPC, the U.S. Court of Appeals had stated:

“C. Rule 11 Sanctions

Although this issue is closer, we cannot say that the district court abused its discretion
in denying Appellee [*15] Wilkinson's motion for sanctions. The district court was
intimately familiar with the Appellees' claims in both complaints and their conduct
throughout the litigation and was thus in the best position to determine whether Rule
11 sanctions were appropriate. We note that the district court has now warned the
Appellees that their conduct may warrant sanctions in the future if continued.

III. CONCLUSION
Therefore, we affirm the district court's orders dismissing the Appellants' complaint,
denying the Appellants' motion for recusal, and denying the Appellees' motion for
sanctions.”

PLAINTIFFS WERE EXCLUSIVE UNIMPEACHABLE RECORD OWNERS, LOT 15A

45. The Plaintiffs were the exclusive unimpeachable title holders and record owners of

riparian accreted Lot 15A, Cayo Costa, as perfectly conveyed and legally described in

reference to the 1912 Plat of Survey of the private undedicated residential Cayo Costa

Subdivision in Lee County Plat Book 3, Page 25. The law did not recognize “O.R. 569/875”,

which on its face was not any writing, instrument or muniment of title and lacked legislative

signatures, names, witnesses, and seal. Prima facie scam “O.R. 569/875” was not any

genuine instrument.

RECORD LACK & IMPOSSIBILITY OF ANY “claim”

46. Here by the mere passage of time, any and all genuine claims would have automatically

been extinguished pursuant to Florida’s self-enforcing Marketable Record Title Act, Ch.

712, Fla. Stat. Here, Lee County’s facially forged and frivolous claim was for criminal

purposes and illegal of, e.g., racketeering, extortion, fraud, and deliberate deprivations.

Here as a matter of law, Lee County, FL, never had any and could not have possibly had

13
 any “claim”. Here, any adjudication of any [hypothetical] claim would have been strictly a

judicial function.

47. § 65.61 Quieting title; additional remedy.-- 65.61(2) states:

(2) GROUNDS.-- When a person or corporation not the rightful owner of land has
any conveyance or other evidence of title thereto, or asserts any claim, or pretends to
have any right or title thereto, which may cast a cloud on the title of the real owner,
or when any person or corporation is the true and equitable owner of land the record
title to which is not in the person or corporation because of the defective execution of
any deed or mortgage because of the omission of a seal thereon, the lack of
witnesses, or any defect or omission in the wording of the acknowledgment of a
party or parties thereto, when the person or corporation claims title thereto by the
defective instrument and the defective instrument was apparently made and
delivered by the grantor to convey or mortgage the real estate and was recorded in the
county where the land lies, or when possession of the land has been held by any
person or corporation adverse to the record owner thereof or his or her heirs and
assigns until such adverse possession has ripened into a good title under the statutes
of this state, such person or corporation may file complaint in any county in which
any part of the land is situated to have the conveyance or other evidence of claim or
title canceled and the cloud removed from the title and to have his or her title
quieted, whether such real owner is in possession or not or is threatened to be
disturbed in his or her possession or not, and whether defendant is a resident of this
state or not, and whether the title has been litigated at law or not, and whether the
adverse claim or title or interest is void on its face or not, or if not void on its face
that it may require extrinsic evidence to establish its validity...”

MANDATORY RECUSAL AND DISQUALIFICATION, 28 U.S.C. § 455

48. Recusal and disqualification of objectively partial and corrupt Defendant Charlene

Edwards Honeywell were absolutely mandatory, 28 U.S.C. § 455. Def. Honeywell

fraudulently concealed and conspired to conceal the prima criminality, illegality, and

nullity of a falsified $5,048.60 judgment, fake lien, and fraudulent execution and

enforcement for criminal purposes of, e.g., racketeering, retaliation, and extortion.

49. Furthermore, RULE 1.432 DISQUALIFICATION OF JUDGE states:

(a) Grounds. Any party may move to disqualify the judge assigned to the action on
the grounds provided by statute.
(b) Contents. A motion to disqualify shall allege the facts relied on to show the
grounds for disqualification and shall be verified by the party.
(c) Time. A motion to disqualify shall be made within a reasonable time after
discovery of the facts constituting grounds for disqualification.

14
 (d) Determination. The judge against whom the motion is directed shall determine
only the legal sufficiency of the motion. The judge shall not pass on the truth of the
facts alleged. If the motion is legally sufficient, the judge shall enter an order of
disqualification and proceed no further in the action.
(e) Judge's Initiative. Nothing in this rule limits a judge's authority to enter an order of
disqualification on the judge's own initiative.

Committee Note: The rule is intended to unify the procedure for disqualification.

RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES

50. Said Rule states:

(b) Parties. Any party, including the state, may move to disqualify the trial judge
assigned to the case on grounds provided by rule, by statute, or by the Code of
Judicial Conduct.

(c) Motion. A motion to disqualify shall:

(1) be in writing;
(2) allege specifically the facts and reasons upon which the movant relies as the
grounds for disqualification;
(3) be sworn to by the party by signing the motion under oath or by a separate
affidavit;”

SECTION 38.10, FLA. STAT.

51. Section 38.10 gives parties the right to move to disqualify a judge when the party fears that

“he or she will not receive a fair trial . . . on account of the prejudice of the judge of that

court against the applicant or in favor of the adverse party.” Fla. Stat. § 38.10. Rule of

Judicial Administration 2.330 specifies that a motion to disqualify must show that “the party

fears that he or she will not receive a fair trial or hearing because of specifically described

prejudice or bias of the judge.” Fla. R. Jud. Admin. 2.330.

52. § 38.10, Fla. Stat., states:

38.10 Disqualification of judge for prejudice; application; affidavits; etc.--

Whenever a party to any action or proceeding makes and files an affidavit stating
fear that he or she will not receive a fair trial in the court where the suit is
pending on account of the prejudice of the judge of that court against the applicant
or in favor of the adverse party, the judge shall proceed no further, but another
judge shall be designated in the manner prescribed by the laws of this state for the
substitution of judges for the trial of causes in which the presiding judge is
disqualified.

15
 Here, Plaintiffs have been “stating fear that they have not and will not receive a fair trial in

the court where the suit is pending on account of the prejudice of the Judge(s) of that court

[Charlene Edwards Honeywell; John E. Steele; Sheri Polster Chappell; Richard A.

Lazzara] against the applicants. Here, objectively biased and bribed Judge Charlene

Edwards Honeywell “shall proceed no further, but another judge shall be designated in

the manner prescribed by the laws of this state for the substitution of judges for the trial of

causes in which the presiding judge is disqualified.”

PLAINTIFFS’ RIGHT TO APPEAL: FRAUDULENT lien, execution; EXTORTION …

53. If the judge denies a motion to disqualify brought under § 38.10 the movant has the right to

appeal. Lynch v. State, ___ So. 2d ___, Nos. SC06-2233, SC07-1246, 2008 WL 4809783, at

*26 (Fla. Nov. 6, 2008). As the Florida Supreme Court recently held: “A motion to

disqualify is governed substantively by section 38.10, Florida Statutes, and procedurally by

Florida Rule of Judicial Administration 2.330. Here, Plaintiffs’ pleadings to disqualify

Defendant objectively partial Judge Honeywell are citing 28 U.S.C. § 455, § 38.10 and Rule

2.330, as well as Canon 3E(1).

RECUSAL: HONEYWELL’S ORGANIZED CRIMES & OBSTRUCTION OF JUSTICE

54. The Florida Supreme Court has also held, in effect, that § 38.10 and the Canons require the

same thing. See Livingston v. State, 441 So. 2d 1083, 1086 (Fla. 1983). In Livingston the

court cited the Canon’s requirement that a judge disqualify himself when his “impartiality

might reasonably be questioned” and concluded that it was “totally consistent” with Florida

case law applying § 38.10. Id. Both require disqualification when a party can show “a well

grounded fear that he will not receive a fair trial at the hands of the judge.” Id. (quoting State

ex rel. Brown v. Dewell, 179 So. 695, 697-98 (Fla. 1938)); see also Berry v. Berry, 765 So.

2d 855, 857 (Fla. 5th DCA 2000) (quoting Canon 3E(1) when describing the standard for

granting a motion under § 38.10). Here of course, this Court was bound to follow Florida
16
 appellate court decisions interpreting that state’s law. The final arbiter of state law is the

state Supreme Court, which is another way of saying that Florida law is what the Florida

Supreme Court says it is.

55. Here in particular, Def. Honeywell concocted and conspired to concoct a “resolution

569/875”, “claim” of Lot 15A, “law”, “legislative act” for criminal and illegal purposes of,

e.g., racketeering, retaliation, and extortion of Plaintiffs’ land and money. Here, Def.

Honeywell perpetrated fraud upon the Court(s), and the Plaintiffs could not possibly get a

fair, just, and speedy trial because of Def. Honeywell’s publicly recorded lies, corruption,

bribery, racketeering, partiality, and incompetence.

CANON(S) 3E(1), 3E(1)(f), FLORIDA CODE OF JUDICIAL CONDUCT

56. The Florida Supreme Court has adopted a Code of Judicial Conduct to govern the actions

of state court judges and candidates for judicial office. Canon 3E(1) states, e.g.:

(1) A judge shall disqualify himself or herself in a proceeding in which the

judge’s impartiality might reasonably be questioned, including but not limited
to instances where …

Those provisions address situations in which a judge must disqualify himself because his

“impartiality might reasonably be questioned,” including when he has “made a public

statement that commits, or appears to commit, the judge with respect to” a particular party,

issue, or controversy. Canon 3E(1) [general disqualification provision in Canon 3E(1)],

3E(1)(f) [“commits clause” at Canon 3E(1)(f)].

57. Here in exchange for bribes, Def. Honeywell had made facially idiotic public statements

that committed Honeywell to the fabrication of a fake “resolution 569/875” and illegal

benefits for the Defendants at Plaintiffs’ expense and injury. Here, Honeywell fraudulently

concealed and conspired with other Def. Government Crooks to conceal the particular

issues of, e.g., facially forged “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-

00001.0000”, a fake “park”, a fake “writ of execution”, Doc. # 425, 2:2007-cv-00228, a fake

17
 “$5,048.60 judgment”. Here, Plaintiffs lived in fear of being kicked down the Courthouse

stairs and not receiving a fair trial at the dirty hands of bribed and crooked Judge

Honeywell.

58. Canon 3E(1), backed by the threat of a disciplinary proceeding, requires a judge to

disqualify himself if his “impartiality might reasonably be questioned.” Fla. Stat. § 38.10,

supplemented by Rule 2.330, allows a party to have a judge disqualified for the same reason.

Canon 3E(1)(f), which the Florida Supreme Court adopted in January 2006, covers areas in

which a judge’s “impartiality might reasonably be questioned.” See In re Amendment to

Code of Judicial Conduct, 918 So. 2d 949 (Fla. 2006). In addition to the Florida Supreme

Court, the Judicial Ethics Advisory Committee (Ethics Committee) and the Judicial

Qualifications Commission (JQC) have roles in administering the Code. The Florida

Supreme Court established the Ethics Committee “to render written advisory opinions to

inquiring judges concerning the propriety of contemplated judicial and non-judicial conduct.”

Petition of Comm. on Standards of Conduct for Judges, 327 So. 2d 5, 5 (Fla. 1976). Here,

Def. Judge Honeywell’s fabrications and perversions of the law were reckless and for

criminal purposes. Canon 3E is enforced by the Judicial Qualifications Commission,

which has the authority to bring disciplinary charges against a judge.

SPECIFIC ALLEGATIONS – WELL-GROUNDED FEARS

59. Here under 28 U.S.C. § 455, Plaintiffs have been specifically alleging the above facts and

reasons upon which the movants rely as the grounds for Defendant Judge Honeywell’s

disqualification/recusal. Here, Defendant Honeywell has been silencing and shutting up

the Plaintiffs without any authority and for criminal purposes of cover up and concealment

of organized Government crimes. Honeywell’s gag, pre-filing injunction,

18
60. Here, the Plaintiff Government racketeering & corruption victims had well grounded

fears that they will not receive a fair trial at the hands of Defendant objectively partial and

bribed Judge Honeywell, who fraudulently concealed said fabrications of, e.g.:

a. Fake “judgment”;

b. Fake “writ of execution”;

c. Facially forged “land parcels”;

d. Fake park.

PATTERN & POLICY OF ORGANIZED GOVERNMENT CRIME, EXTORTION …

61. Here, Def. Honeywell has been just another Def. Crook on a long list of Government

Officials and Defendants who conspired to cover up and conceal the publicly recorded

crimes and corruption. Here, Defendant Honeywell is a named party Defendant. See

summons, service on file. Here, Defendant bribed Judge Honeywell had multiple conflicts

of interest.

DEF. HONEYWELL COERCED PLAINTIFFS TO REFRAIN FROM PROSECUTION

62. Here, Defendant Honeywell intimidated, threatened, and coerced and conspired to coerce

the Plaintiffs to refrain from prosecution for prima facie illegal and criminal purposes of

covering up, concealing, and extending the record racketeering, retaliation, extortion,

corruption, et al.

“The Court’s concern centers around Plaintiffs’ tireless filings of scandalous material.”

See Doc. # 245, p. 16.

Here, Defendant Crooked Judge Honeywell’s “concern centered around” organized crime,

cover up, concealment, and racketeering. Here, Def. Honeywell deceived the Court by

fraudulently pretending that the conclusive proof of, e.g., fraud, deliberate deprivations,

and public corruption was purportedly “scandalous material”. Here vexatiously, Def.

19
 Honeywell obstructed justice in exchange for bribes. “Judicial whore” Honeywell knew

and fraudulently concealed that

a. Florida law specifically prohibited any execution proceedings;

b. The Plaintiffs were entitled to relief;

c. Defendant JACK N. PETERSON had perjured himself and falsified an affidavit, Doc.

## 386, 432;

d. The Clerk had falsified a “writ of execution” absent any mandate, Doc. # 425;

DEF. HONEYWELL OBSTRUCTED JUSTICE & PERVERTED FLORIDA LAW

63. 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, § 55.10, Florida Statutes.

PUBLICLY RECORDED NOTICES OF ORGANIZED JUDICIAL CRIMES

64. 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

recorded organized Government and judicial crimes, racketeering, extortion,

retaliation, obstruction of justice, bribery, and corruption.

PATTERN, POLICY, AND CUSTOM OF ORGANIZED CRIME & CORRUPTION

65. However, this Court and the U.S. Court of Appeals for the 11th Circuit only intensified their

publicly recorded retaliation, obstruction of justice, oppression, racketeering, and

extortion. See, e.g., Doc. ## 435, 434, 425, 426, 2:2007-cv-00228. Said Courts are operating

just like crime organizations. Public records and conclusive record evidence mean

absolutely nothing. Silencing, shutting up, threatening, intimidating, punishing, and

sanctioning whistleblowers are the policy, custom, and pattern of said corrupt Courts.

20
 DEF. JOHN E. STEELE EXTENDED EXTORTION & RACKETEERING SCHEME

66. Here, Def. Honeywell knew that 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 fraud scheme of record, civil RICO provisions.

DEF. STEELE CONCEALED PERJURY & GOVERNMENT EXTORTION SCHEME

67. 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”.

68. Here, CASE No. 2008-13170-BB had been CLOSED on 06/11/2009. See said Case Docket.

69. 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-

20-01-00015.015A, PB 3 PG 25 (1912) pursuant to § 55.10, Florida Statutes.

PUBLICLY RECORDED LACK OF ANY “lien” and “writ of execution”

70. Here, Defendant Appellee Forger and Racketeer K. M. Wilkinson

a. NEVER had any lien;

b. NEVER was the holder of said forged judgment.

71. Here, Defendants Honeywell and Steele fraudulently concealed that the facially fraudulent

“writ of execution”, Doc. # 425:

a. Was a prima facie extortion and racketeering scheme;

b. Perverted $24.30 into the falsified amount of “5,048.60”;

21
 c. Had NOT been witnessed by any U.S. Judge.

72. Plaintiff Dr. Jorg Busse had asserted and conclusively proven in his Third Amended

Complaint, Doc. ## 282, 288, 2:2007-cv-00228:

“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.

CONSPIRACY TO PERVERT & CORRUPT FLORIDA LAW & OFFICIAL RECORDS

73. Defendant Crooked Judges Honeywell and 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:

“55.10 Judgments, orders, and decrees; lien of all, generally; extension of liens; transfer
of liens to other security.--
(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

74. 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, Plaintiffs 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 C. E. Honeywell’s and John E. Steele’s

publicly recorded:

a. Racketeering;

22
 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.

See attached Exhibit of UNITED STATES OF AMERICA Ex Rel. et al. v. UNITED

STATES et al., as filed in U.S. District Court.

DEF. STEELE’S RECKLESS DECEPTION AND FRAUD ON THE COURT

75. Def. Honeywell knew that Def. Steele had 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”, which Def. Crook Steele had destroyed, altered, and

rejected, and caused others to destroy, alter, and reject. See, e.g., Google and YouTube.

DEF. STEELE OBSTRUCTED PLAINTIFFS’ COURT ACCESS – FRAUD ON COURT

76. As part of a criminal organization, Def. Honeywell knew that Def. Steele fabricated and

conspired to fabricate a publicly recorded “card house of judicial shit”:

“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.

23
 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

Court, covered up, and concealed Government crimes.

Just like other crime organizations, Steele relied on silencing his opponents, retaliation,

intimidation, and injury.

77. Def. Charlene E. Honeywell knew that in “the Third Amended Complaint”, the Plaintiff(s)

had “asserted” and conclusively proven, e.g., the:

a. Prima facie illegality of the fictitious “resolution”, “O.R. 569/875”;

b. Prima facie nullity of the fake “resolution”;
c. Prima facie criminality of the falsified “resolution”.

78. 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.

RACKETEERING, EXTORTION, DECEPTION, AND FRAUD ON THE COURT

79. 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

and street land on the Gulf, PB 3 PG 25 (1912), against their will.

DEF. CROOK STEELE HAD NO AUTHORITY TO SILENCE THE PLAINTIFFS

80. 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.

24
81. 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.

E. Steele in Federal Court.

82. Here on the record, Def. Crook Steele adopted the policies and custom of crime

organizations such as, e.g., silencing opponents, retaliation, intimidation, racketeering,

extortion, and injury.

DEF. RACKETEER STEELE’S FACIALLY IDIOTIC & ILLEGAL “order”, DOC. # 434

83. 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

facially fraudulent “public sale” motion, Doc. # 432.

84. 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

“Government” and/or Lee County.

85. “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

“Government shit flies-policy”, Doc. # 434.

IDIDOCY & IMPOSSIBILITY OF “public sale of real property”

86. 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
25
 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

INSTRUMENT # 2010000171344, which expressly stated the extent of Plaintiff(s)’

conveyance; see PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th

Circuit Apr. 21, 2009).

FOR BRIBES, DEF. STEELE MADE A MOCKERY OF THE PROCEEDINGS

87. 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

Government could not be simultaneously “publicly sold”.

BRAZEN FABRICATIONS AND FALSIFICATION OF PUBLIC RECORD

88. 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

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

been forged by Defendant Kenneth M. Wilkinson. See Transcript of November 2007

Hearing before Def. Crooked Judge Polster Chappell.

DEF. CRIMINAL STEELE IN CRIMINAL JUDICIAL ORGANIZATION

89. As a Criminal in this Crime Organization of record, Def. Steele extended the

racketeering and retaliation scheme.

“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
26
 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.

90. Here in essence, the scheme was:

“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.

91. 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.

92. 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

Doc. ## 288, 282, “Third Amended Complaint”.

DEF. BUNGLING GOVERNMENT IDIOTS COVERED UP & CONCEALED

93. Just like bungling Government idiots, Defendants Honeywell and Steele concealed and

conspired with other Officials to conceal that, e.g.:

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

27
 fundamental rights to own real property and exclude Government without, e.g.,

retaliation, extortion, racketeering, oppression, bribery, and public corruption.

94. 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”.

95. 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”.

96. 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”

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

al. v. UNITED STATES et al.

DEF. JOHN E. STEELE’S FRAUDULENT CONCEALMENT AND COVER-UP

97. Here, Def. Honeywell knew that under publicly recorded fraudulent pretenses of, e.g.,

“frivolity”, “vexatiousness”, “sanctionability”, “lack of jurisdiction”, “ripeness

requirements”, et al., Def. Steele had covered 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”;
28
 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.

DEF. STEELE CONCEALED DEFENDANT’S CRIMINAL AND ILLEGAL MOTION,

DOC. # 432

98. Def. Honeywell knew that Def. Steele had fraudulently concealed the prima facie

criminality and illegality of Doc. # 432: Here, no genuine “$5,048.60” and/or $5,000.00

money mandate” had ever existed, because, e.g.:

a. The 11th Circuit had lost jurisdiction on 06/11/2009;

b. The only and final mandate was in the amount of “$24.30”, Doc. # 365;
c. Def. Appellee Wilkinson had never filed any Rule 38 motion;
d. The $24.30 money judgment pursuant to Rule 39, Fed.R.App.P., had become final on
June 15, 2009, Doc. # 365;
e. No Bill of Costs for “$5,000.00” and/or “$5,048.60” had ever existed or could have
possibly existed. See FED.R.CIV.P. 54; 28 U.S.C. 1921-1928; FRAP 39: LOCAL RULE
4.18:
“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 fees
preserved by appropriate pleading or pretrial stipulation shall be asserted by separate
motion or petition filed not later than fourteen (14) days following the entry of
judgment. The pendency of an appeal from the judgment shall not postpone the filing
of a timely application pursuant to this rule.”

J. E. STEELE & B. B. MARTIN FABRICATED “writ of execution”, DOC. # 425, 434, 435

99. 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

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.

CONSPIRACY TO COVER UP AND CONCEAL GOVERNMENT CRIMES

100. Def. Honeywell fraudulently concealed that 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.:

29
 a. Fake “$5,048.60 judgment”;
b. Fake “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”;
c. Fake “land claim” “O.R. 569/875”;
d. Fake “resolution”, fake “resolution 569/875”;
e. Fake “regulation”, fake “land use regulation”;
f. Fake “regulatory taking” in the recorded absence of any “regulation”;
g. Fake “inverse condemnation” while Plaintiffs objected to and defended against any
involuntary title transfer to Lee County;
h. Fake “eminent domain” claims in the record absence of any condemnation proceedings.

101. 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-

20-01-00015.015A” on the Gulf of Mexico.

§ 55.10 REQUIRED A JUDGMENT - NO LIEN ON PROPERTY

102. 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, the judicial Defendants knew and fraudulently concealed that there could not have

possibly been any lien on real property and/or on Plaintiffs’ property.

OBSTRUCTION OF JUSTICE, BRIBERY, AND RACKETEERING

103. In exchange for bribes, Defendant Racketeers Charlene E. Honeywell and John E. Steele

silenced the Plaintiffs and kept them away from the Court:

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;
30
 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.

CONSPIRACY TO OBSTRUCT JUSTICE & PERPETRATE FRAUD ON THE COURTS

104. Defendants Charlene E. Honeywell and John Edwin Steele conspired with, e.g.,
Defendant Crooked U.S. Judge Charlene E. Honeywell and other Officials to shut up the
Plaintiffs by criminal and illegal means of, e.g.:

a. Enjoining Plaintiffs from filing their pleadings [“Pre-filing injunction”];

b. Destroying Plaintiffs’ pleadings
c. Rejecting Plaintiffs’ pleadings;
d. Falsifying a “regulation”;
e. Fabricating “law”;
f. Concocting a fictitious involuntary title transfer to Lee County absent any court
judgment.
FINAL 06/11/2009 MANDATE

105. 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.

106. The Clerk of the Court signed her name on a copy of the judgment, which was stamped

"ISSUED AS MANDATE 06/11/2009" and CLOSED SAID CASE on 06/11/2009.

CONSPIRACY TO COVER UP & CONCEAL ORGANIZED CRIME & EXTORTION

107. Here, Defendants C. E. Honeywell, 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

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.

31
J. E. STEELE’S, S. P. CHAPPELL’S & B. MARTIN’S RACKETEERING OF RECORD

108. Dr. Jorg Busse and Jennifer Franklin Prescott are suing Defendant Racketeers C.

Edwards Honeywell and J. Edwin Steele for, e.g., racketeering, extortion, retaliation,

fraud, and reckless deprivations.

JOHN E. STEELE’S EXTORTION ON THE PUBLIC RECORD

109. 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.

RACKETEER JOHN E. STEELE’S RECORD RETALIATION

110. By criminal means of falsifying a fake “$5,048.60 judgment”, Def. Corrupt Judge

Steele retaliated against Plaintiffs Dr. Jorg Busse & J. F. Prescott, Doc. ## 434, 425, 435.

RACKETEER JOHN E. STEELE’S CONCEALMENT OF $24.30 JUDGMENT

111. Def. U.S. Racketeers Charlene E. Honeywell and 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, 2:2007-cv-00228.

CONSPIRACY TO EXTORT AND RETALIATE

112. Def. Honeywell knew that Def. 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 fraudulent pretenses of fake “land parcels” “12-

44-20-01-00000.00A0” and “07-44-20-01-00001.0000”, and “under color of” prima facie

forged and fraudulent “O.R. 569/875”.

32
 STEELE CONCEALED RECORD ABSENCE OF FAKE PARCELS AND JUDGMENT

113. Defendant Crooked U.S. Judges C. E. Honeywell, S. Polster Chappell, and 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 County Plat Book 3, Page 25.

CONSPIRACY TO CONCEAL LACK OF ANY RECORD OF FAKE “LAND PARCELS”

114. Def. Extortionists C. E. Honeywell, S. Polster Chappell, and J. E. Steele conspired with

other Officials and Defendants to fraudulently conceal the lack of any “$5,048.60

judgment” and said fake “land parcels”.

DOCUMENTATION OF FINAL $24.30 MONEY JUDGMENT (JUNE 15, 2009)

115. The publicly recorded $24.30 money judgment “issued as mandate June 11, 2009”,

Doc. ## 365 (pp. 1), “documented”:

a. In-House Reproduction of Appellee’s Brief;

b. No. of Original Pages: “18”;
c. Total No. of Documents Reproduced: “11 (9)”;
d. Total No. of Copies: “198”;
e. Costs Requested: “$29.70”.
f. Costs Allowed: “$24.30”.

116. Here, no “sanctions”, no “fees”, and no “$5,048.60” had ever been “documented”.

DEF. RACKETEER STEELE’S FALSIFCATION OF “writ of execution”, DOC. # 425

117. 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.

DEF. RACKETEER JOHN EDWIN STEELE’S OBSTRUCTION OF JUSTICE

118. 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. #

422. In Doc. # 434, 07/22/10, Def. Steele pretended:

“No response has been filed and the time to respond has expired. Upon review, the
Court desires a response from plaintiff…”
33
 RECORDED & PUBLISHED RACKETEERING & EXTORTION

$24.30 MONEY JUDGMENT ISSUED AS MANDATES JUNE 11, 2009

119. 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, COSTS

120. The $24.30 money judgment was awarded pursuant to Rule 39, Fed.R.App.P.

COPY OF $24.30 MONEY JUDGMENT, DOC. # 386-3

121. 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 pages 10 and 24.

122. Of the $29.70 requested in Racketeer Wilkinson’s Bill of Costs, Doc. # 386, the 11th

Circuit allowed $24.30 for Costs under FRAP 39:

$24.30 WERE THE ALLOWED ACTUAL AND NECESSARY COSTS

123. Here, $24.30 were the allowed actual and necessary costs.

$24.30 MONEY JUDGMENT BECAME FINAL ON JUNE 15, 2009

124. Pursuant to Doc. ## 365 (p. 1), 386-3 (p. 1), the U.S. District Court received and filed the

$24.30 money judgment on June 15, 2009:

34
 RACKETEERING: EXTORTION OF MONEY:

“FRIVOLOUS APPEAL” MOTION WAS ADMITTEDLY NEVER FILED

125. Defendant Racketeer Wilkinson extorted money, Doc. # 386, by fraudulently

pretending a Rule 38 motion, which Wilkinson knew he had never filed:

“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”.

THE 11th CIRCUIT HAD CLOSED CASE ON 06/11/2009

126. The 11th Circuit had CLOSED THE CASE on 06/11/2009:

BRIBERY

127. 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.

DEFENDANT’S APPELLEE’S RACKETEETING AND EXTORTION WERE ILLEGAL

128. Def. Wilkinson’s record racketeering and extortion were illegal and unauthorized by

law.

35
 RACKETEERING & EXTORTION IN VIOLATION OF:

FED.R.CIV.P. 54; LOCAL RULE 4.18; 28 U.S.C. 1921-1924; FRAP 39

129. The $24.30 money judgment pursuant to Rule 39, Fed.R.App.P., became final on June

15, 2009.

“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 fees
preserved by appropriate pleading or pretrial stipulation shall be asserted by separate
motion or petition filed not later than fourteen (14) days following the entry of
judgment. The pendency of an appeal from the judgment shall not postpone the filing
of a timely application pursuant to this rule.”

DEF. WILKINSON VIOLATED REQUIREMENTS UNDER 28 U.S.C. §§ 1920-1924

130. Here, Def. Honeywell knew that with wanton disregard for Plaintiff(s)’ rights and due

process, Def. Wilkinson had violated the law and Rules. Because there had never been any

“title transfer” to Lee County, any “legislative act” and/or “resolution 569/875”, any eminent

domain document, any involuntary alienation, the proceedings had been a charade.

Therefore, even the $24.30 for “copies” had made a mockery of the proceedings. In the

context of keeping the Plaintiffs away from Court and perpetrating fraud on the Courts,

the record had evidenced:

Itemization was for “copies”, $24.30

The record unauthorized Bill of Costs was for $24.30.
Bill of Costs must be verified as required by 28 U.S.C. § 1924.
No known affidavit.
Plaintiff(s) objected to the unauthorized $24.30 money judgment, because there had
been no “resolution 569/875” as a matter of public record;
The unauthorized $24.30 money judgment was procured through, e.g., publicly
recorded racketeering and extortion by illegal and criminal means of fraud and
extortion scheme “O.R. 569/875”, and facially forged “land parcels” “00A0” and
“00001”. See RICO Complaint in U.S. District Court.

RACKETEERING & EXTORTION IN VIOLATION OF:

FRAP 39 [FED.R.APP.P. 39]

131. A copy of Rule 39, Fed.R.App.P., is attached.

“(d) Bill of Costs: Objections; Insertion in Mandate.

36
 (1) A party who wants costs taxed must — within 14 days after entry of
judgment — file with the circuit clerk, with proof of service, an itemized and
verified bill of costs.”

132. 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

Costs. “Date signed” was “3-17-2009”, which was “issued on: Jun 11 2009”, Doc. ## 365,

386, Case No. 2:2007-cv-00228.

133. No “proof of service” existed on the record.

134. The “14 days after entry of judgment” on “March 5, 2009” had expired on March 19,

2009.

APPEAL BECAME FINAL ON JUN 15, 2009

135. An appeal becomes final on the date the mandate is issued. Here, the judgment entered

March 5, 2009 was issued as mandate Jun 11 2009.

136. 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

was the responsibility of the clerk.

137. 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

racketeering and extortion by Government Agents.

NO 11th CIRCUIT JURISDICTION AFTER JUN 15, 2009

138. 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
37
 mandate was received and filed, Jun 15, 2009, which determined when the district court

reacquired jurisdiction for further proceedings.

139. 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 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.

ADOPTION BY REFERENCE OF FEDERAL LAWSUIT, CIVIL RICO…

140. 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.

WILKINSON’S RACKETEERING, RETALIATION, AND COERCION

141. 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 …”

142. Wilkinson coerced Plaintiff Appellant to refrain from rightful prosecution for prima facie

criminal and illegal purposes of concealing crimes and covering up.

CRIMINAL AND ILLEGAL FALSIFICATIONS

143. Just like Defendant Racketeer Wilkinson had falsified fake “land parcels”, and a fake

“real property transaction”, “O.R. 569/875”, Defendant Forger Wilkinson falsified a fake

“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.

144. 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

38
 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.

RACKETEERING-EXTORTION-FRAUD SCHEMES, DOC ## 432, 434, 435

145. Plaintiff Dr. Jorg Busse attached a copy and Exhibits of prima facie racketeering-

extortion-fraud schemes, Documents ## 432, 434, and 435, 2:2007-cv-00228 and adopted

them by reference in this NOTICE OF APPEAL and EMERGENCY MOTIONS.

FRAUDULENT ATTACHMENT OF FICTITIOUS DEBT TO CAYO COSTA LAND

146. The publicly recorded and facially fraudulent attachment of a fake judgment and/or

debt to Plaintiff(s)’s Lee County property was a criminal and illegal scheme.

DECEPTION, TRICKERY, AND FRAUDULENT MEMORANDUM

147. 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.

“TRANSFER” PURSUANT TO FLORIDA LAW

148. 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

affidavit as required by section 55.10, Fla. Stat.

149. Here that which did NOT exist and/or was NULL and VOID could NOT have possibly

been enforced under Florida law.

150. 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
39
 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.”

NO service OF ANY “writ of execution” UPON DR. JORG BUSSE

151. 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, 2:2007-cv-00228, were facially fraudulent and for criminal and illegal purposes of,

e.g., racketeering, extortion, retaliation, obstruction of justice, and unconstitutional

property seizure in brazen violation of, e.g., the 4th, and 14th U.S. Constitutional

Amendments, and Chapters 55, and 56, Florida Statutes.

MANDATORY SUSPENSION OF ANY ENFORCEMENT PROCEEDINGS

152. 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.

## 425, which had never been served upon Dr. Busse.

40
 AFFIDAVIT; DEMAND FOR MANDATORY SUSPENSION OF PROCEEDINGS ON

FRAUDULENT AND ILLEGAL execution, CH. 56, 55, U.S. CONST. AMENDMENTS

153. Here Dr. Jorg Busse had demanded, has been demanding, and again demands the

absolutely mandatory suspension of any proceedings to enforce and/or execute a prima

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

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.

Jorg Busse, who rightfully prosecuted Crooked Government Officials.

AFFIDAVIT: ORGANIZED CRIME, RACKETEERING, EXTORTION, CORRUPTION

154. 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, Official Misconduct, Fla. Stat.

PUBLICLY RECORDED ORGANIZED CRIME EVIDENCE

155. Def. Honeywell deceived this Court, Doc. # 213, p. 18:

“In this case, Plaintiffs allege that all Defendants conspired to deprive them of their
alleged property rights in Lot 15A. Plaintiffs repeatedly state that various judicial
officers accepted bribes to deprive them of this alleged property interest. However,
these statements are merely conclusory, and Plaintiffs provide no factual basis to
support a conspiracy among Defendants.”

Here, e.g., the idiotic Court orders, opinions, 1912 Plat of Survey of the private undedicated

residential Cayo Costa Subdivision, PB 3, PG 25, the WARRANTY DEEDS, surveys, title

abstracts, and binding precedent on file were an indisputable “factual basis” to support

said well proven allegations. Here, Def. Honeywell’s and Def. Chappell’s orders in this and

41
 the related Cases were conclusive record evidence of organized judicial crime, because they

evidenced the brazen perversion of the law and public record evidence.

CASE 2:2007-CV-00228: ORGANIZED CRIME

156. Upon receipt of 443 pages on 08/03/2010, Case 2:2007-cv-00228, the Clerk of this Court

filed 533 pages, thereby fabricating 90 pages, Doc. # 436.

157. Here pursuant to the Docket, 2:2007-cv-00228, Defendant Clerk Drew Heathcoat

a. Altered the public record and obstructed justice;

b. Falsified a “writ of execution”, Doc. # 425, 2:2007-cv-00228;

c. Fraudulently concealed the lack of any recorded money judgment and mandate other

than the final $24.30 mandate, Case 2:2007-cv-00228;

d. Refused to accept the appeal fee in the amount of $455.00 while wrongfully alleging

that it was after 4:00 PM;

e. Refused to just file the original 443 pages but fabricated 90 additional pages (533 p.);

158. In this Case, 2:2009-cv-00791, hundreds of pages of Plaintiffs Complaint, Doc. # 1, had

disappeared. See Doc. # 213, p. 3, fn 3:

“Plaintiffs’ Complaint, that was transferred from the West Palm Beach Division of
the Southern District of Florida, contains 103 pages. However, the last two pages of
the Complaint are numbered 179 and 180. Pages 101-178 are not included in the
instant Complaint. The Court has confirmed, through inquiry of the Clerk of the
Southern District of Florida, that Plaintiffs’ Complaint was filed without pages 101 -
178 and without any exhibits.”

POLICY OF DESTRUCTION, ALTERATION, AND FALSIFICATION OF RECORDS

159. Here, this Court exhibited its pattern and policy of

a. Altering and falsifying official records and documents;

b. Falsifying a fake “resolution 569/875”;

c. Falsifying judgments;

d. Falsifying mandates;

42
 e. Falsifying a “writ of execution”;

f. Falsifying a “legislative act”;

g. Falsifying a “land claim”;

h. Falsifying an idiotic and incomprehensible “public land claim” of Lot 15A in the

presence of a controverting WARRANTY DEED;

i. Destroying public records for, e.g., cover-up, concealment, and racketeering;

j. Destroying public records as “scandalous material” for criminal purposes;

k. “Striking” and removing official documents and records, because they conclusively

proved judicial and Government corruption, racketeering, retaliation, and organized

crime.

WHEREFORE, Plaintiff Government corruption and racketeering victims demand

1. An Order recusing Def. Crooked Charlene E. Honeywell because of publicly recorded

organized crime, racketeering, corruption, bribery, retaliation against the Plaintiffs, and

extortion of said money and Lot 15A in violation of Florida and Federal law;

2. An Order vacating and/or setting aside the prima facie unconstitutional and null and void

“pre-filing injunction”, Doc. # 245, which was for criminal and illegal purposes of, e.g.,

cover-up, concealment, and conspiracy to extort said money and land, Lot 15A;

3. An Order recusing Def. Crooked S. Polster Chappell, because she conspired to conceal

said falsifications and extend the record racketeering and retaliation;

4. An Order vacating and/or setting aside any and all orders by Defendants Sheri Polster

Chappell and Charlene Edwards Honeywell, because they were procured through fraud,

and falsification and destruction of official records, documents, and conclusive evidence;

5. An Order declaring that Defendant K. M. Wilkinson did NOT “have any lien”;

6. 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
43
 Attorney JACK N. PETERSON [see falsified, fraudulent and deceptive “affidavits”

asserting a fake “July 29, 2009 judgment” in the Collier and Lee County Public Records;

7. An EMERGENCY Order suspending and enjoining as absolutely mandatory any

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;

42 U.S.C. §§ 1983, 1985, 18 U.S.C. §§ 241, 242; s. 838.022, Fla. Stat.;

8. 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;

9. An Order declaring the final record mandate in the amount of $24.30 paid;

10. 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

illegal purposes of racketeering, retaliation, intimidation, oppression, and “protection” of

the organized Criminals and criminal Defendants in this Court and the 11th Circuit;

11. An Order restraining and preventing the record violations of section 1962 under the RICO

civil provisions;

12. 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.

Florida, Fort Myers Division;

13. 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];

14. An Order sanctioning and punishing Defendant Kenneth M. Wilkinson for the publicly

recorded falsifications of, e.g., said fake “judgment”, “land parcels”, fake “resolution”,

extortion, and racketeering, all of which obstructed justice;

44
15. 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,

and fraud scheme

16. 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,

in the absence of any recorded “$5,048.60” “judgment”;

17. An Order dissolving and/or reorganizing the corrupt Government enterprise under, e.g., civil

RICO, and 18 U.S.C. 1964(a);

18. 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;

19. An EMERGENCY Order recusing Defendant Crooked, Objectively Partial, and Unfit

Government Racketeer John E. Steele;

20. 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

punishing, and extorting money, Government fees, and property;

21. 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;

22. An EMERGENCY Order recusing Defendant Crooked and Objectively Partial and Unfit

Judge C. E. Honeywell;

23. An EMERGENCY Order recusing Defendant Corrupt and Objectively Partial and Unfit

Judge S. Polster Chappell;

24. An Order for equitable relief;

45
25. An Order declaring Plaintiffs’ record title to Lot 15A, Cayo Costa, free & clear and

unencumbered;

26. An Order declaring fake “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-

00001.0000” falsified and prima facie forgeries as conclusively evidenced by the 1912

Cayo Costa Plat in Lee County Plat Book 3, Page 25;

27. An Order for EMERGENCY relief from the publicly recorded public corruption, extortion,

coercion, fraud, and concealment in said Courts;

28. An Order for compensatory damages;

29. An Order for triple punitive damages;

30. An Order for triple punitive damages under, e.g., Civil RICO, 18 U.S.C. § 1964, 1964(c);

31. An Order for expenses, costs, legal expenses, and fees;

32. An Order enjoining any and all Governments and the Defendants and Officials from any

trespass onto the private undedicated “Cayo Costa” “Subdivision” as legally described in

reference to said 1912 Plat in PB 3 PG 25;

33. An Order declaring the prima facie forgeries of non-existent “land parcels” “12-44-20-01-

00000.00A0” and “07-44-21-01-00001.0000” fraudulent and criminal acts of record;

34. An Order permanently enjoining any and all entries and publications of any “resolution

569/875”, “O.R. 569/875”, “legislative act 569/875”, and non-existent “land parcels” “12-

44-20-01-00000.00A0” and “07-44-21-01-00001.0000” from any and all Government

records and publications;

35. An Order permanently enjoining any and all Governments and Defendants from fraudulently

“claiming” “asserting” “publishing” Government ownership of the street lands along the

Gulf of Mexico as legally described and conveyed in reference to the Plat of the prima facie

private “Cayo Costa” Subdivision;

46
36. An Order enjoining and restraining any extortion of property and money and foreclosure

fraud by Defendants Eugene C. Turner, Richard D. DeBoest, II, Chene M. Thompson, and

Hugh D. Hayes.

___________________________
/s/Jorg Busse, M.D., M.M., M.B.A.
Private Attorney General; Plaintiff public corruption & racketeering victim
10 Benning ST # 135
West Lebanon, NH 03784-3402, U.S.A.
c/o International Court of Justice
Peace Palace
The Hague, Netherlands

_____________________
[/s/Jennifer Franklin Prescott]
Private Attorney General; Plaintiff Government racketeering & corruption victim
10 Benning Street # 135
West Lebanon, NH 03784-3402, U.S.A.
c/o International Court of Justice
Peace Palace
The Hague, Netherlands

47
 EXHIBITS

SUPPORTING PUBLIC RECORD EVIDENCE

EXTORTION, FRAUD, OBSTRUCTION OF JUSTICE, RETALIATION, BRIBERY …

A. FACIALLY FRAUDULENT AFFIDAVIT [DEF. JACK N. PETERSON, K. M.

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

D. 07/21/2010 letter by Def. Racketeer JACK N. PETERSON

E. Def. CHARLIE GREEN’S recording instructions

F. RACKETEERING AND EXTORTION record evidence, Doc. # 429, Case 2:07-cv-228

G. Docket as CERTIFIED by Def. Diane Nipper on 07/16/2010, Case No. 2:07-cv-00228

Conclusively evidencing record absence of fictitious and fabricated appeal “09-13196”

H. FALSIFICATION of “appeal no. 09-13196” by Def. Beverly B. Martin pursuant to

CERTIFIED docket at B., which evidenced the lack of any such “appeal” and the

“frivolity”-racketeering-and-extortion-scheme of record; “JUL 19 2010” CASE FIXING &

“DISMISSAL AS FRIVOLOUS”

I. DOC. # 434, 07/22/2010, by Def. JOHN E. STEELE, CASE NO. 2:2007-CV-00228

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”,

FACIALLY FALSIFIED “regulation” and/or “resolution” attached as Page 9 of 11;

ETHICS COMPLAINT against Def. Crooked Lee County Official JACK N. PETERSON

Attached as Page 10 of 11

K. PRIMA FACIE FRAUDULENT and FRIVOLOUS motion by Defendant Racketeer and

“land parcel” Forger K. M. Wilkinson; “Appellee Property Appraiser’s Motion for

48
 Sanctions for Filing of a frivolous Motion”, “Rule 27-4”, Case No. 2:2007-cv-00228, Doc. #

386-2, pp 1-3, Doc. # 386-3, p. 15

L. BINDING PRECEDENT and RECORD EVIDENCE of OBSTRUCTION OF JUSTICE,

JUDICIAL RETALIATION, and EXTORTION under color of fake “judgment” & “writ”,

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490(11th

Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959)

M. Lee County, FL, INSTRUMENT # 2010000171344, WARRANTY DEED Lot 15A, “Cayo

Costa, Lee County Plat Book 3, Page 25 (1912) (2 pages)

N. RECORD RACKETEERING EVIDENCE: “Motion for Issuance of writ of execution …”,

RECORDED EVIDENCE of EXTORTION, FRAUD & FALSIFICATION of un-recorded

judgment, Doc. # 386, Case No. 2:2007-cv-00228, by Def. Racketeer Jack N. Peterson;

PERVERSION of recorded “$24.30 judgment” into fake “$5,048.60 debt”

O. Lee County Tax Collector’s Office, Statement of Paid Property Taxes, Lot 15A, Cayo Costa

(2 pages)

P. DENIAL of “Appellee Wilkerson’s Motion to Alter or Amend the Judgment”,

FALSIFICATION of “Rule 38 motion”, record evidence, Doc. # 386-5

FALSIFICATION of “Rule 38 judgment”, record evidence, Doc. # 386-5

FALSIFICATION of “Rule 38 bill of costs”, record evidence, Doc. # 386-5

FALSIFICATION of unsubstantiated “$5,000 in attorney’s fees”, Doc. # 386-5

By Defendant Racketeers Dubina, Chief Judge, Tjoflat, and Birch, Circuit Judges

Facially forged and pasted “certification”, Doc. # 386-5, p. 2, right lower corner

Q. MEMORANDUM OF NO DEDICATION OF THE CAYO COSTA ROADS TO PUBLIC,

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
49
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)

U. Falsified “Parcel 12-44-20-01-00000.00A0” by Def. Racketeer Kenneth M. Wilkinson (2 p)

V. Falsified “resolution”, “legislative act”, and/or “law” by Def. Racketeer John Edwin Steele,

Doc. ## 288, 282, Case No. 2:2007-cv-00228

W. “Judgment Issued as Mandate June 11 2009”, in the amount of $24.30, FRAP 39 (1 p)

RACKETEERING/EXTORTION EVIDENCE: March 5, 2009 “opinion”, 11th Circuit

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,

Case No. 2:2007-cv-00228; Doc. # 386.

Z. STATE Court Docket, Plaintiffs’ Case No. 2006-CA-003185, BUSSE v. STATE OF

FLORIDA, Defendant Judge GERALD, LYNN, Jr., Filed 07/31/2006,

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)

BB. Federal Bureau of Investigation Special Agent in Charge, Steven E. Ibison

CC. DESTRUCTION of official records as evidenced by search of “2007-00228”, 11th

Circuit

DD. DESTRUCTION of Docket No. 201010963, U.S. Court of Appeals, 11th Circuit

EE.CASE FIXING, OBSTRUCTION OF JUSTICE, AND RETALIATION by Def. Judges

Black, Carnes, and Martin, dated “JUL 19 2010” (2 pages)

FF. NOTICE OF CORRUPTION AND LETTER DEMANDING AUTHENTICATION,

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)
50
HH. Section 838.022, Florida Statutes, OFFICIAL MISCONDUCT

Chapter 838, Fla. Stat., BRIBERY, MISUSE OF PUBLIC OFFICE

II. Case No. 2:2010-cv-00089, Doc. # 29, pp. 4, 7, Def. U.S. Attorney, Tony West, Matthew

L. Fesak, affirming U.S. jurisdiction under “civil RICO”

JJ. FACIALLY FALSIFIED “writ of execution”, Case No. 2:2007-cv-00228, Doc. # 425

KK. Section 55.10, Florida Statutes, Judgments…,

Chapter 55 Judgments, Florida Statutes

LL. Defendant Racketeer K. M. Wilkinson’s Answers to Plaintiff’s First Set of

Interrogatories” under oath, 10/22/2007; in particular, asserting under oath the RECORD

ABSENCE of “public Cayo Costa easements”, Answer # 24

MM. Florida 19th Statewide Grand Jury on Public Corruption (09/30/2009 Petition),

Florida Statewide Prosecution Office, Office of the Attorney General of Florida.

NN. FALSIFIED “Plat” of “Cayo Costa Subdivision” as falsified and filed by Defendant

Racketeer K. M. Wilkinson as “Exhibit A”, Case No. 2:2007-cv-00228

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,

Doc. # 365, Case No. 2:2007-cv-00228

PP. Fraudulent Order, Case No. 2:2007-cv-00228, Doc. # 422, pp. 17-18, by Defendant

Racketeer John E. Steele, evidencing extortion, obstruction of justice, obstruction of court

access, and retaliation under fraudulent pretenses of, e.g., “writ of execution”, “lack of

jurisdiction”, “ripeness requirements”, “frivolity”, “sanctions”, and under color of authority

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
51
SS. FBI Complaint against Def. U.S. Circuit Judge Beverly B. Martin,

Including “JUL 19 2010” CASE FIXING FOR BRIBES and RACKETEERING

TT. Record Evidence of Destruction of Plaintiffs’ Appeal Records, ## “10-10963, 10-10967”

UU. GOVERNMENTAL FORGERIES, “O.R. 569/875”, FORENSIC EVIDENCE

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

XX. DESTRUCTION AND ALTERATION OF OFFICIAL RECORDS, EVIDENCE

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

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY

AAA. OTHER; OTHER PUBLIC RECORDS

52
CC: Federal Bureau of Investigation

U.S. Department of Justice

Eric Holder, Attorney General

Barack Hussein Obama, The White House

Florida Department of Law Enforcement

The Florida Bar

Real Property Probate and Trust Lawyer Section, The Florida Bar

53
 AFFIDAVIT OF DR. JORG BUSSE

STATE CERTIFIED RESIDENTIAL APPRAISER, REAL ESTATE BROKER

STATE OF FLORIDA

BEFORE ME, the undersigned authority authorized to administer oaths and take

acknowledgments, personally appeared Dr. Jorg Busse, and who, after first being duly sworn,

deposes and says upon oath the foregoing and attached Complaint in U.S. District Court,

UNITED STATES OF AMERICA, Ex Rel. et al. v. UNITED STATES OF AMERICA et al.

FURTHER AFFIANT SAYETH NAUGHT.

__________________________

/s/JORG BUSSE, M.D., M.M., M.B.A.

Sworn to and subscribed before me on this ___ day of August, 2010.

Name of Notary Public:

Expiration of Commission:

__________________

/s/Notary Public

Attachments: 450 pages / 505 pages total

54
 AFFIDAVIT OF JENNIFER FRANKLIN PRESCOTT

STATE OF FLORIDA

BEFORE ME, the undersigned authority authorized to administer oaths and take

acknowledgments, personally appeared Jennifer Franklin Prescott, and who, after first being duly

sworn, deposes and says upon oath the foregoing, 54 pages, and attached publicly recorded

Complaint in U.S. District Court, UNITED STATES OF AMERICA, Ex Rel. et al. v. UNITED

STATES OF AMERICA et al.

FURTHER AFFIANT SAYETH NAUGHT.

__________________________

/s/JENNIFER FRANKLIN PRESCOTT

Sworn to and subscribed before me on August 16, 2010.

Name of Notary Public:

Expiration of Commission:

__________________

/s/Notary Public

Attachments: 450 pages / 505 pages total

55
8/5/2010 Electronic Case Filing | U.S. District Co…
Document Selection Menu

Select the document you wish to view.

Document Number: 436 33 pages 1.2 mb

Attachment Description
1 Exhibit 31 pages 1.1 mb
2 Exhibit 27 pages 0.9 mb
3 Exhibit 30 pages 1.0 mb
4 Exhibit 30 pages 1.0 mb
5 Exhibit 35 pages 1.1 mb
6 Exhibit 36 pages 1.1 mb
7 Exhibit 30 pages 1.0 mb
8 Exhibit 47 pages 1.9 mb
9 Exhibit 23 pages 0.7 mb
10 Exhibit 23 pages 0.7 mb
11 Exhibit 27 pages 1.0 mb
12 Exhibit 30 pages 1.1 mb
13 Exhibit 34 pages 1.0 mb
14 Exhibit 40 pages 1.4 mb
15 Exhibit 33 pages 1.1 mb
16 Exhibit 24 pages 0.8 mb

Note: You must view each document individually because the combined PDF would be over the 10 MB size limit.

ecf.flmd.uscourts.gov/…/show_doc.pl?… 1/1
8/5/2010 Electronic Case Filing | U.S. District Co…
U.S. District Court
Middle District of Florida (Ft. Myers)
CIVIL DOCKET FOR CASE #: 2:07-cv-00228-JES-SPC

Busse v. Lee County, Florida et al Date Filed: 04/10/2007

Assigned to: Judge John E. Steele Date Terminated: 05/06/2008
Referred to: Magistrate Judge Sheri Polster Chappell Jury Demand: Plaintiff
Case in other court: 08-13170B Nature of Suit: 440 Civil Rights: Other
09-12372-B Jurisdiction: Federal Question
09-13517F
09-13519F
09-13522F
09-14281F
09-14282F
09-14284F
09-14285F
09-16211F
09-16212F
09-16213F
09-16214F
09-16335F
10-10963-I
10-10967-I
10-11884-I
Cause: 28:1331 Fed. Question: Civil Rights Violation

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: krooth@roothlawgroup.com

ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p… 1/6
8/5/2010 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: stewartkeyespl@comcast.net
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: peterj@leegov.com
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
ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p… 2/6
8/5/2010 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: sjohnson@dentjohnson.com
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: Harold.Vielhauer@dep.state.fl.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Linda Kathryn Funchess

Florida Department of Environmental
Protection
MS 35
3900 Commonwealth Blvd
Tallahassee, FL 32399-3000
850/245-2242
Fax: 850/245-2296
Email: kathy.funchess@dep.state.fl.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Reagan Kathleen Russell

Florida Department of Environmental
Protection*
MS 35
3900 Commonwealth Blvd
Tallahassee, FL 32399-3000
Email: reagan.russell@dep.state.fl.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p… 3/6
8/5/2010 Electronic Case Filing | U.S. District Co…
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

Linda Kathryn Funchess

(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Reagan Kathleen Russell

(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Jack N. Peterson

Date Filed # Docket Text

02/02/2010 425 WRIT of Execution issued per Order 424 . (drn) (Entered: 02/02/2010)
02/04/2010 426 ORDER of USCA (certified copy) dismissing for want of prosecution as to 404 Notice
of appeal filed by Jorg Busse. EOD: 1/22/2010; USCA number: 09-16335-F. (slp)
(Entered: 02/04/2010)
02/10/2010 427 NOTICE OF APPEAL as to 425 Writ issued by Jorg Busse. Filing fee not paid.
(RMT) (Entered: 02/11/2010)

ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p… 4/6
8/5/2010 Electronic Case Filing | U.S. District Co…
02/24/2010 428 NOTICE OF APPEAL as to 422 Order on Motion for Miscellaneous Relief by Jorg
Busse. Filing fee not paid. (kma) (Entered: 03/01/2010)
04/06/2010 429 US Marshal 285 form for Writ of execution. (SPB) (Entered: 04/08/2010)
04/06/2010 430 WRIT of execution returned Executed as to Jorg Busse. (SPB) (Entered: 04/08/2010)
04/16/2010 431 NOTICE OF APPEAL as to 429 US Marshal 285 form, 430 Writ returned by Jorg
Busse. Filing fee not paid. (SPB) (Entered: 04/19/2010)
05/21/2010 432 MOTION for order of sale and Incorporated Memorandum of Law by The Lee
County Property Appraiser, Kenneth M. Wilkinson. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Text of Proposed Order Exhibit C)(Peterson, Jack) (Entered:
05/21/2010)
05/25/2010 433 ORDER of USCA dimissing this appeal for want of prosecution as to 431 Notice of
appeal filed by Jorg Busse. EOD: 05/21/2010; USCA number: 10-11884I. (kma)
(Entered: 05/25/2010)
07/21/2010 435 ORDER of USCA (certified copy) DISMISSING AS FRIVOLOUS as to 428 Notice
of appeal filed by Jorg Busse, 427 Notice of appeal filed by Jorg Busse. EOD: 7/19/10;
USCA number: 10-10963-I & 10-10967-I. (slp) (Entered: 07/23/2010)
07/22/2010 434 ORDER that plaintiff may file ONE response to defendant's 432 Motion for entry of
Order directing public sale of real property within 14 days of this Order. Signed by
Judge John E. Steele on 7/22/2010. (RKR) (Entered: 07/22/2010)
08/03/2010 436 RESPONSE re 434 Order filed by Jorg Busse. Document titled Affidavit Notice of
appeal, racketeering, and organized government crimes, Notice of appeal from
fraudulent "order(s)", Doc ## 434, 435, 424, and racketering, extortion, retaliation,
obstruction of justice, and any and all null & void "orders" by Def. J.E. Steele & S.P.
Chappell, and falsified "writ of execution", Doc. ## 425, 434, 435, 433, 430; affidavit;
Emergency motion to enjoin fraud on court, Doc. ## 435, 434, 424, 425; Emergency
motion to enjoin "sale of property" which government had fraudulently "claimed" to
"own" under color of forged "land parcel" ""12-44-20-01-00000.00A0", and facially
forged "O.R. 569/875" and Fake "legislative act/resolution/regulation"; Direct
independent attqck on organized government crimes; United Staes of America, Ex rel, et
al. v. United States of America, et al.; Def. John E. Steele obstructed justice &
perverted Florida law (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, #
5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, #
12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit)(kma) (Entered:
08/05/2010)

PACER Service Center

Transaction Receipt
08/05/2010 18:01:30
PACER Client
we0083
ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p… 5/6
8/5/2010 Electronic Case Filing | U.S. District Co…
we0083
Login: Code:
Docket Search 2:07-cv-00228-JES-SPC Starting
Description:
Report Criteria: with document: 425
Billable
4 Cost: 0.32
Pages:

ecf.flmd.uscourts.gov/cgi-bin/DktRpt.p… 6/6
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 2 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 3 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 4 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 5 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 6 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 7 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 8 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 9 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 10 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 11 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 12 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 13 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 14 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 15 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 16 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 17 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 18 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 19 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 20 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 21 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 22 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 23 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 24 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 25 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 26 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 27 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 28 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 29 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 30 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 31 of 34
Case 2:10-cv-00089-CEH-TGW Document 64 Filed 08/03/10 Page 32 of 34
 Case 1:10-cv-00321-JL Document 1-18 Filed 07/29/10 Page 1 of 1
*.JS 44 (Rev. 12/07) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local niles of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS DEFENDANTS

UNITED STATES OF AMERICA EX REL. DR. JORG BUSSE AND UNITED STATES OF AMERICA, UNITED STATES COURTS,
JENNIFER FRANKLIN PRESCOTT, DR. JORG BUSSE, JENNIFER UNITED STATES CUSTOM & IMMIGRATION SERVICE, TONY
FRANKLIN PRESCOTT, STATE OF FLORIDA EX REL. DR. JORG BUSS WEST, BEVERLY B. MARTIN, JOHN EDWIN STEELE, RYAN BAR
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant WASHINGTON, D.C.
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.

(c) Attomev's (Firm Name, Address, and Teleohone Number) _ Attorneys (If Known)
DR. JORG BUSSE AS PRIVATE ATTORNEY GENERAL, JENNIFER U.S. ATTORNEY GENERAL c:
FRANKLIN PRESCOTT AS PRIVATE ATTORNEY GENERAL,
II. B A S I S O F J U R I S D I C T I O N (Place an "X" in One Box Only) in. CITIZENSHIP OF PRINCIPAL PARTIES(Pia^n x inO^jforPi Plaintiff
(For Diversity Cases Only) and One Box$iCDt>*Hldant)
O 3 Federal Question lN D E F
D 1 U.S. Govenunent PTF DEF ^ I—-EfrP2
Plaintiff (U.S. Government Not a Party) Citizen of This State a i O 1 Incorporated or PrincipftPPlace T H r Q ^ ^ ^
of Business In This State 1 3 ^n™^

M2 U.S. Govenunent O 4 Diversity Citizen of Another State a 2 O 2 Incorporated and Principal Place -fB CS O5
Defendant of Business In AnoffccP State 3 1 C Z
(Indicate Citizenship of Parties in Item III)
Citizen or Subject of a a3 O 3 Foreign Nation fO O Tf 0 6
Foreign Country OD
IV. NATURE OF SUIT
G 110 Insurance PERSONAL INJURY PERSONAL INJURY O 610 Agriculture O 422 Appeal 28 USC 158 O 400 State Reapportionment
O 120 Marine 310Aiiplane O 362 Personal Injury - O 620 Other Food & Drug O 423 Withdrawal O 410 Antitrust
O 130 Miller Act
a 315 Airplane Product Med. Malpractice O 625 Drug Related Seizure 28 USC 157 430 Banks and Banking
O 140 Negotiable Instrument
a Liability
o
O 150 Recovery of Overpayment 320 Assault, Libel &
a 365 Personal Injury -
Product Liability
of Property 21 USC88I
O 630 Liquor Laws
a 450 Commerce
460 Deportation
& Enforcement of Judgment Slander
a mwmwwsmwmrHimm a
• 151 Medicare Act 330 Federal Employers'
a 368 Asbestos Personal
Injuty Product
O 640 R.R.& Truck
O 650 Airline Regs.
O 820 Copyrights
O 830 Patent
H 470 Racketeer Influenced and
Corrupt Organizations
O 152 Recovery of Defaulted Liability
a Liability O 660 Occupational O 840 Trademark 480 Consumer Credit
Student Loans 340 Marine PERSONAL PROPERTY Safety/Health
o 490 Cable/Sat TV
(Excl. Veterans)
a
345 Marine Product O 370 Other Fraud O 690 Other
o 810 Selective Service
a •
Liability O 371 Truth in Lending "f"mi", TmtkB*,™:"- 850 Securities/Commodities/
of Veteran's Benefits a
350 Motor Vehicle O 380 Other Personal a 710 Fair Labor Standards O 861HIA(1395ff> Exchange
O 160 Stockholders'Suits 355 Motor Vehicle Property Damage Act O 862 Black Lung (923) 875 Customer Challenge
O 190 Other Contract
a
Product Liability
o
O 385 Property Damage O 720 Labor/Mgmt. Relations O 863 DIWC/DIWW (405(g)) 12 USC 3410
O 195 Contract Product Liability 360 Other Personal Product Liability O 730Labor/MgmtReporting O 864 SS1D Title XVI 890 Other Statutory Actions
O 196 Franchise Iniury
a & Disclosure Act O 865RSI(405(B»
o
o 891 Agricultural Acts
^ ^ ^ ^ ^ ^ ^ | | | | g p ^ | t a B B 4 | | | ^ ^ ^ ^ -«s
lift; a D* wn tssmsmi m,mmsmMMMsm O 740 Railway Labor Act o 892 Economic Stabilization Act
O 210 Land Condemnation O 441 Voting 3 510 Motions to Vacate O 790 Other Labor Litigation O 870 Taxes (U.S Plaintiff o 893 Environmental Matters
O 220 Foreclosure Sentence O 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation Act
O 230 Rent Lease & Ejectment
o 442 Employment
443 Housing/ O 871 IRS—Third Party
o 895 Freedom of Information
o Habeas Corpus: Security Act o
O 240 Torts to Land Accommodations •J 530 General 26 USC 7609 Act
O 245 Tort Product Liability o 444 Welfare 535 Death Penalty J£.J Wh3B^^«Hif»l!»*^«* ii..A o 900Appeal of Fee Determination
O 290 All Other Real Property o 445 Amer. w/Disabilities - 540 Mandamus & Other O 462 Naturalization Application Under Equal Access
Employment
a 550 Civil Rights O 463 Habeas Corpus - to Justice
o 446OtherAmer. w/Disabilities -
a 555 Prison Condition Alien Detainee
O 465 Ot.ier Immigration
o 950 Constitutionality of
State Statutes
440 Other Civil Rights Actions
a

V. ORIGIN (Place an "X" in One Box Only) Ameal to District

1
8 1 Original a 2 Removed from O 3 Remanded from O 4 Reinstated or O 5 T ^ A I ^ J T O 6 Multidistrict O 7 wSSfJ™,?
Proceeding
ProSeedina State Court Appellate
Annellate Court Reopened
Reonened (swIcifV) Litigation J^agistrate
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION
16USCS1964.18USC$g1961-1968.18USC$1341.4th.7th.14th.1st.5th.11th U.S. Const.Amend. Civil Rights Act
Brief description of cause:
Racketeerina/Civil RICO. Corruption. Obstruction of Justice. Extortion of Property & Monev: 4th. 7th. 14th. 1st U.S.
VII. REQUESTED IN O CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F R C P . 23 19,000,000.00 J U R Y DEMAND: fif Yes O No

VIII. RELATED CASE(S)

(See instructions).
IF ANY JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

07/27/2010 PRIVATE ATTORNEY GENERALS LIN PRESCOTT
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFF JUDGE MAG. JUDGE

 Case 1:10-cv-00321-JL Document 1 Filed 07/29/10 Page 1 of 30

UNITI-D SI AT[:S DIS1 RICI COURI

DIStRICI OFNPW IIAMPSIIIRI-; U.S. OISTRICI COURT
DISTRICT OF N.H.
UNITED STATES OF AMERICA /-.'A' RI-.L. DR. .l()R(i UUSSI- AND .lE^klFER
FRANKLIN PRESCOTT. DR. JORCi IH'SSE. JENNIFER FRANKLIN PRESCOTfj o. oo
STATE OF FLORIDA EX REL. DR. JORG BUSSI AND .IE.NNIFllft1OpRJANKLI5N L' 0
PRESCOTT. DR. JORG BUSSE AND JENNIFER FRANKLIN PRESCOTT AS
PRIVATE ATTORNEY(S) GENERAL.

Plaintill's,

v. Case No. 2010-cv-

UNITED STATES OI: AMERICA. UNITED STATES COURTS. UNITED STATES

CUSTOM & IMMIGRATION SERVICE. TONY WEST. BEVERLY B. MARTIN,
JOHN EDWIN STEELE. RYAN BARRY. CllAREENE EDWARDS HONEYWELL,
SHERI POLSTER CIIAPPEI.L. KENNEFII M. WILKINSON. RICHARD A.
LAZZARA. JACK N. PETERSON. RYAN BARRY. DREW HEAIHCOAT. BETTYE
G. SAMUEL. STANLEY F. BIRCH. JR. GERALD B. LIOFLAT. SUSAN H. BLACK,
JOEL F. DUB1NA. 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. RICHARD
JESSUP, DIANE NIPPER. LYNN GERALD. JR.. KINNE1II L. RYSKAMP.
CHARLIE CRIST. CHARLES "BARRY" STEVENS. JOHNSON ENGINEERING,
INC., MARK ALLAN PIZ/.O. ANNE CONWAY. CHARLIE GREEN. REAGAN
KATHLEEN RUSSELL. RICHARD D. DEBOEST. II. CI ILNL M. 11 lOMPSON, el a/.,
Defendants.
DEMAND FOR JURY TRIAL AND SI9,000,000.00
/
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,
20™ 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 PROVENALLEGA TIONS ARE FRIVOLOUS.
THEREFORE THE CASE IS FIXED AS FRIVOLOUS.'
l t t I $ R T TO THE INTERNATIONAL COURT OF JUSTICE, THE HAGljf

[PAGES TOTAL: 196 + 213 (IMiibii.s||

 Case 1:10-cv-00321-JL Document 1 Filed 07/29/10 Page 2 of 30

CORRUPT UNITED STATES, FLORIDA, LEE & COLLIER COUNTY OFFICIALS

1. Crooked United States, Florida State, and Lcc and Collier County Agents and Officials are

named party Defendants in this U.S. and international Complaint of organized rampant

extortion, obstruction of justice, public corruption, concealment of corruption, cover-up,

conspiracy to conceal, and deliberate deprivations of the most fundamental rights under the

Federal and Florida Constitutions.

2. The Plaintiff public corruption victims are suing the Defendant U.S., State, and County

Government Officials in their private individual capacities, because, e.g., the record

extortion, obstruction of justice, retaliation, corruption, coercion, concealment of crimes,

cover-up, conspiracy to corrupt, fraud on the Courts, slander, and reckless deprivations were

outside the scope of any immunity and official capacity.

PARTIES' RECORD PATTERN OF RACKETEERING, CIVIL RICO, 18 USC § 1964

3. The named Defendants engaged and conspired to engage in the record pattern of

racketeering and perpetrated RICO predicate acts of, e.g., retaliation against the

Caucasian pro se Plaintiff whistleblowers, extortion of money [e.g., $5,048.60] and

property under false pretenses of a "writ of execution", falsified and un-recorded

"judgmenf\ Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338, 365, 87, 25.

NAMED CROOKED ATTORNEYS, AND OTHER PARTIES

4. The Plaintiff corruption victims arc suing the other named Defendant parties and Attorneys,

who conspired with U.S., Florida, Lcc and Collier County, Florida, Government Officials

and Agents to, e.g., extort money and property, obstruct justice, retaliate, deliberately

2
 deprive, defraud, coerce, conceal corruption, cover up for corrupt Officials, and perpetuate

the perpetration of fraud on the State and U.S. Courts of record since at least 2006.

THE PARTIES ORCHESTRATED OBSTRUCTION OF JUSTICE & ADJUDICATION

5. The multi-year record organized extortion, retaliation, obstruction of justice and

adjudication of Plaintiffs’ perfected claims of orchestrated deliberate violations of express

most fundamental rights under the Federal and Florida Constitutions were prima facie

illegal and criminal acts of record.

NAMED DEFENDANT CRIMINAL GOVERNMENT PREDATORS OF RECORD

6. Just like in the Catholic Church scandals of organized pedophilia, rape, concealment, and

cover-up, here U.S. Government Officials betrayed the trust, retaliated, threatened and

intimidated innocent victims of organized institutional crimes and illegal acts with e.g.,

“punishment”, sanctions, extortion of fees and property, and coercion to refrain from

rightful prosecution.

7. Just like in the worldwide Catholic Church scandals, here under facially fraudulent

pretenses and color of authority, institutional Government predators in and of the United

States concealed Plaintiffs’ record Complaints of exactly how, when, and where U.S. Agents

fucked and raped innocent corruption victims. E.g., Dockets in the U.S. Circuit Court for the

11th Circuit could “not be located”. See Docket ## 201010963; 201010967.

JULY AND JUNE 2010 PUBLIC CORRUPTION & OBSTRUCTION OF JUSTICE:

DEFENDANT GOVERNMENT WHORE C. E. HONEYWELL

8. Inexperienced and incompetent female Afro-American U.S. District Judge Charlene Edwards

Honeywell has emerged as the latest Defendant Crooked Judge in the record U.S.

3
 Government culture of rampant retaliation, extortion, public corruption, bribery,

coercion, concealment, cover-up, fraud, slander, and deliberate deprivations of record.

9. In June and July 2010, Defendant “Judicial Whore” C. E. Honeywell ramped up, e.g., the

organized retaliation, coercion, corruption, threats, intimidation, harassment, and intensity

of facially idiotic, irrational, arbitrary, capricious, and malicious attacks upon the Plaintiff

public corruption victims.

10. Defendant Government Whore C. E. Honeywell forever tarnished the reputation of U.S.

Courts, because she conspired with other Defendants to, e.g., extort, obstruct justice, and

fraudulently conceal. Def. Honeywell falsified and caused others to falsify official records

and documents for criminal and illegal purposes of, e.g., extorting, retaliating, defrauding,

and deliberately depriving the Plaintiff record landowners of their unimpeachable and

unencumbered marketable title and record property ownership. Honeywell acted with

wanton disregard for Plaintiffs’ express fundamental right under the Federal and Florida

Constitutions such as, e.g., Plaintiffs’ rights to redress Governmental grievances; own

property, and exclude Governments, be free of publicly recorded Government extortion,

retaliation, fraud, deliberate deprivations, and corruption.

ORCHESTRATED EXTORTION, RETALIATION, COERCION, AND CORRUPTION

11. Defendant U.S. Whore Honeywell illegally orchestrated the institutional and methodical

obstruction of justice & court access, retaliation, extortion, illegal denial of “filing

privileges”, and the rejection of pleadings and appeals for criminal and unlawful purposes of

extorting fees and Plaintiffs’ property under color of a fraudulently procured and facially

forged “writ of execution”, Case No. 2:2009-cv-00791, Doc. ## 236; 213, 214; and Case No.

2:2010-cv-00089, Doc. ## 48, 49, 50.

4
PARTIES IRREPARABLY TARNISHED CORRUPT REPUTATION OF U.S. COURTS

12. Any faith in any Government Official would appear “fundamentally” misplaced, because the

named party Defendants conspired to extort Gulf-front property worth hundreds of Millions

of Dollars [see fake “land parcels” of record] and deliberately deprived the Plaintiff

corruption victims of, e.g., the most fundamental 7th, 1st, 14th, 4th, and 5th U.S.

Constitutional Amendment and Florida Constitutional rights to, e.g., own property, exclude

Government, be free of unlawful and criminal seizures, redress Government grievances,

prosecute by jury trial, et al.

PLAINTIFF CORRUPTION, RACKETEERING, AND CORRUPTION VICTIMS

13. With particularity, the Plaintiff Government corruption victims defend their unimpeachable

and free and clear record real property title, riparian Gulf-front Parcel and/or S.T.R.A.P. #

12-44-20-01-00015.015A as perfectly conveyed and legally described in reference to the

1912 “Cayo Costa” Subdivision Plat of Survey in Lee County Plat Book 3, Page 25, against,

e.g., extortion, retaliation, fraud on the Courts, deprivations, oppression, bribery, et al.

PLAINTIFFS’ “EX RELATIONE” APPEARANCE IN COURT

14. The Plaintiffs also appear in U.S. Court “ex rel.” on behalf of the United States and the

Federal Government, the State of Florida, and the People of Florida and/or the United States.

15. Under express public policy, the interests to be free of Government corruption, crimes,

and oppression as advanced by Dr. Busse and Prescott are similar to the interests of the

Government.

16. The practice of using private parties to prosecute criminal offenses is derived from English

common law. Traditionally, English criminal procedure relied heavily on a system of private

5
 prosecution. Said traditional English system of private prosecution has been supplemented by

public intervention. The public prosecutor has no greater advantages than any private party.

PROSECUTION OF PANDEMIC PUBLIC CORRUPTION IN FLORIDA

17. Under Florida and Federal law, private individuals may prosecute in the interest of the

People. The Plaintiff private prosecutors seek legal remedies to free the People of the State of

Florida and/or United States of endemic and pandemic public corruption in Florida.

FLORIDA STATEWIDE GRAND JURY ON PUBLIC CORRUPTION

18. The Governor of the State of Florida called to convene a statewide grand jury on

public corruption, because “too many cases of corruption have occurred in Florida, and

our goal will be to hold government accountable.”

19. The State and U.S. Courts in Florida have not been in any position to exercise fair-minded

judgment and therefore fixed Plaintiffs’ Cases in exchange for bribes. As a result, the People

and Plaintiffs continue to suffer injuries from the publicly recorded Government

falsifications of, e.g., “writ of execution” (Doc. ## 434, 432, 422, 424, 386, 365, 386, 87,

25), “judgment”, “land parcels”, a “park”, et al.

JURISDICTION AND PROSECUTION PURSUANT TO DEF. U.S. ATTORNEY

20. The Defendant U.S. Attorney asserted prosecution and jurisdiction under civil RICO on or

around 06/30/2010:

“The only other vehicle for charging essentially criminal conduct in a civil forum is a

suit under the civil provisions of the Racketeer Influenced and Corrupt

Organizations Act (“civil RICO”), 18 U.S.C. § 1964(c).”

See Case 2:2010-cv-00089, Doc. # 29, p. 4.

6
 PLAINTIFFS’ PRIVATE FUNCTIONS:

PLAINTIFFS ARE ENTITLED TO PERFORM ATTORNEY GENERAL’S FUNCTIONS

21. The Plaintiffs have been entitled to prosecute and perform the functions of the attorney

general’s office.

22. For illegal cover-up purposes, Defendant Government Officials deceptively concealed that

some private parties literally perform the exact functions of the attorney general’s office

though they themselves are not attorneys general. The attorney general regularly hires a

private attorney to do the work of her public office. In the Microsoft antitrust trial, e.g.,

deputy Attorney General Joel Klein hired private David Boies to try the United States’ case

against Microsoft. In the tobacco litigation, e.g., state attorneys general hired plaintiffs’

private counsel on a contingent fee basis to recoup state governments’ monetary losses due to

smoking. In Brown v. Board of Education, the State of South Carolina hired private lawyer

John W. Davis.

COMMON PRACTICE OF PRIVATIZATION

23. In such instances, public officials privatize their functions, hiring private parties to perform

as attorneys general, thereby creating private attorneys general.

24. Given the ever-increasing record proof of utter Government incompetence, BP, Katrina,

Madoff, Plaintiffs’ choice has been wise and prudent under the shocking circumstances of

Florida Government corruption and racketeering. Customarily, Florida attorneys “play

along to get along” and extort. See, e.g., Defendant Brigham Moore.

QUI TAM ACTION

25. Another form of attorney general substitution is available through the qui tam action. In the

qui tam case, private parties bring claims on behalf of the government. The qui tam lawyer is

7
 not hired by the attorney general or government officials. Rather the private party is a self-

appointed party, pursuing government fraud where the government has not done so.

26. Here Plaintiffs appointed themselves in the pursuit of, e.g., publicly recorded Government

extortion, obstruction of justice, retaliation, and fraud.

PLAINTIFFS SHALL SUPPLEMENT AND SIMULATE THE ATTORNEY GENERAL

27. Furthermore, the Plaintiffs have been entitled to supplement and simulate the attorney

general and act as their own private advocates in their fight against, e.g., Government

corruption, fraud, extortion, and racketeering of public record.

28. Under public policy, deterrence and compensation have been the field of both private and

public lawyering. Given the corruption and utter incompetence of Government in Florida,

Plaintiffs have been wise to proceed privately. Under public policy, Plaintiffs shall deter

public corruption and racketeering. See RICO statute.

29. The purpose of Florida Government is organized crime. Judicial Officers in U.S. Courts in

Florida threatened, intimidated, and retaliated against the Plaintiffs, because Plaintiff

Government victims exposed Government corruption, extortion, bribery, and fraud in

Florida. See 19th Statewide Grand Jury on Public Corruption, Exhibit CC.

8
 JURISDICTION:

PATENTLY CLEAR FEDERAL JURISDICTION SINCE AT LEAST 2006

30. 18 U.S.C. § 1961-1968; Civil RICO; “Organized Crime Control Act”; “Racketeer

Influenced Corrupt Organization Act”;

a. Section 1961 (Definitions) and Section 1962 (Prohibited Activities) apply to both

criminal and civil cases. As a result, decisions involving criminal charges are frequently

cited in civil appellate decisions.

b. Section 1963 provides criminal penalties.

c. Section 1964 creates the civil cause of action.

d. Section 1965 addresses venue service of processes in civil cases.

31. 18 USC § 1341 (relating to mail fraud);

32. 1st, 14th, 7th, 4th, 11th, 5th U.S. Constitutional Amendments;

42 U.S.C. §§ 1983, 1985; Civil Rights Acts;

28 U.S.C § 455; Recusal Statute;

33. [18 U.S.C. §§ 241, 242, deliberate deprivations under color of law (such as, e.g., fake “writ

of execution”; fake “$5,048.60 judgment”; fake “resolution 569/875”, et al.);

18 U.S.C. §§ 3, 4, cover-up of crimes;

18 U.S.C. §§ 1511, 1513, 3771, retaliation against whistleblowers.

34. Jurisdiction over U.S. Agents’ record perversions and rape of Florida law such as, e.g.:

a. Section 838.022, Florida Statutes, OFFICIAL MISCONDUCT;

b. Chapter 838, Fla. Stat., BRIBERY, MISUSE OF PUBLIC OFFICE;

c. Chapter 55, 56, Final Process, 712 (Florida’s self-enforcing Marketable Record Title

Act), 73 and 74 (Eminent Domain), 95 (Adverse Possession);

9
 d. Chapter 51 Summary Procedure, Fla. Stat.;

e. Florida express Constitutional Guarantees of Fundamental Right to own property, and

eminent domain due process and equal protection of the law.

JURISDICTION AND PROSECUTION PURSUANT TO DEF. U.S. ATTORNEY

35. The U.S. Courts have jurisdiction over Plaintiffs’ causes of action regarding the eradication

of publicly recorded organized Government crimes under color of, e.g., falsified “land

parcels”, “writ of execution”, and fake “$5,048.60 judgment”.

36. The Defendant U.S. Attorney asserted prosecution and jurisdiction under civil RICO on or

around 06/30/2010:

“The only other vehicle for charging essentially criminal conduct in a civil forum is a
suit under the civil provisions of the Racketeer Influenced and Corrupt
Organizations Act (“civil RICO”), 18 U.S.C. § 1964(c).”

See Case 2:2010-cv-00089, Doc. # 29, p. 4.

JURISDICTION UNDER CIVIL RICO

37. Plaintiffs are asserting Civil RICO claims, and in particular:

a. (1) Injury to Plaintiffs’ property and/or business, because the Defendants

b. (2) while involved in one or more identified relationships with an enterprise,
c. (3) engaged in a pattern of racketeering activity and/or collecting an unlawful debt.
See Case No. 2:2007-cv-00228, e.g., Doc. ## 434, 432, 422, 424, 365, 386, 87, 25.

CIVIL RICO LIBERAL CONSTRUCTION CLAUSE

38. RICO is a Federal statute with civil remedy provisions available to both the government

and private individuals. RICO is a substantive Federal statute with a liberal construction

clause. The clause specifically provides that "the provisions of this Title (Title IX) shall be

liberally construed to effectuate its remedial purposes". See PUB. L. No. 91452, Section

904(a), 84 STAT. 947 (1970).

39. 18 U.S.C. § 1964(a) provides:

10
 “The district courts of the United States shall have jurisdiction to prevent and
restrain violations of section 1962 of this chapter by issuing appropriate orders,
including, but not limited to: ordering any person to divest himself of any interest,
direct, or indirect, in any enterprise; imposing reasonable restrictions on the future
activities or investments of any person, including, but not limited to, prohibiting any
person from engaging in the same type of endeavor as the enterprise engaged in, the
activities of which affect interstate or foreign commerce; or ordering dissolution or
reorganization of any enterprise, making due provision for the rights of innocent
persons.”

See also S. Rep. No. 617, 91st Cong., 1st Sess. 79 (1969)(referring to RICO's "civil law

approach of equitable relief broad enough to do all that is necessary to free the channels of

commerce from all illicit activity").

40. Here, the U.S. Courts had jurisdiction over Defendant Government Officials and Judges and

their retaliation, obstruction of justice, adjudication, and orders for Defendant Racketeers

to divest themselves of the extorted money and property such as, e.g., Hundreds of Acres of

land on the Gulf of Mexico and Charlotte Harbor, PB 3 PG 25 (1912), under color of, e.g., a

fake “writ of execution”, falsified “$5,048.60 debt”, and fake “land parcels” “12-44-20-01-

00000.00A0” and “07-44-21-01-00001.0000”.

FRAUD ON THE COURT, FALSE PRETENSES OF “NO JURISDICTION”

41. The corrupt U.S. District (Florida Middle District) and Circuit Courts (11th Circuit) have had

patently clear jurisdiction over the unlawful and criminal acts of public record by the

Defendant United States Agents and Government Officials. Fraudulently, Defendant United

States Judges had concealed patently clear U.S. jurisdiction under color of, e.g., “no

jurisdiction”, power, “authority”, “frivolity”, sham “regulatory taking” pretenses [absent

any regulation], sham “inverse condemnation” pretenses [Plaintiffs refused to exchange and

defended their perfected record title], and fake “ripeness requirements”.

INDISPUTABLE JURISDICTION OVER RECORD RACKETEERING & EXTORTION

11
42. Under, e.g., the Civil RICO statute and Civil Rights Acts, the U.S. Courts have had

indisputable jurisdiction over, e.g., record extortion, retaliation, concoctions of a non-

existent “07/29/2009 judgment”, fake “writ of execution”, Doc. # 434, 432, 425, 422, 424,

386, by Defendant U.S. Agents.

CLEAR U.S. JURISDICTION OVER RECORD BRIBERY AND EXTORTION

43. The U.S. Courts have had indisputable jurisdiction over the publicly recorded Government

corruption involving Defendant U.S. Government Agents and the acceptance of Defendants’

bribes by the Defendant U.S. and other Judges and Officials.

44. U.S. Courts have had indisputable jurisdiction over the fabrications of unsubstantiated

“attorneys fees” and non-existent “writ of execution” and “judgment” by Defendant

Government Officials, Case No. 2:2007-cv-00228, Doc. ## 434, 432, 422, 424, 365, 360,

386, 87, 282, 288.

45. The U.S. Courts have had jurisdiction over unlawful and criminal acts perpetrated by U.S.

Government Defendants outside the scope of their official capacity.

46. The U.S. Courts have known and concealed that just like in the Catholic Church scandals of

institutional pedophiles and sexual predators, cover-up and concealment (from top Officials

all the way down the institutional hierarchy) have been the Defendant Governments’ custom

and policy in this and other Cases. Said Courts have known and concealed that just like the

Church predators, U.S. Government criminals covered up for each other, which invoked U.S.

jurisdiction.

47. Said Courts have

a. Known and concealed that public corruption has been pandemic in Florida and
involved U.S. Courts at all levels; and
b. Fraudulently concealed that public policy therefore demanded the civil and criminal
prosecution of Defendant corrupt U.S. Government Officials in U.S. Courts.

12
 CLEAR U.S. JURISDICTION OVER ANY AND ALL CLAIMS

48. The U.S. Courts have had clear jurisdiction over any and all claims involving United States

Agents and Defendants such as, e.g., extortion, retaliation, deprivations, fraud, Judicial

Officers’ fraud on the Courts, and of course including “state claims”.

PREVIOUS CONCEALMENT OF JURISDICTION BY U.S. DEFENDANTS

49. In exchange for other Defendants’ bribes, the judicial Defendants previously concealed and

conspired to conceal patently clear Federal jurisdiction.

50. The Federal Defendants’ deliberate deprivations of any meaningful opportunity of justice and

the just, speedy, and inexpensive adjudication of Plaintiffs’ claims for relief were unlawful

and criminal acts of record, which invoked U.S. jurisdiction.

51. Fraudulently and recklessly, Government Defendants had concealed jurisdiction under false

pretenses of, e.g., non-existent ripeness requirements, which invoked U.S. jurisdiction. In

particular, the U.S. Defendants have conspired to conceal that of course, the Plaintiffs

rightfully prosecuted 1st, 14th, 4th, 7th and 5th Amendment violations by Federal Defendants

in Federal Court.

52. The U.S. Courts have had jurisdiction over. e.g., Defendant corrupt U.S. Judge Honeywell’s

06/23/09 fabrications of “necessary state procedures”:

“They have not exhausted the necessary state procedures to address their dispute
prior to filing in federal court. Therefore, the Court finds that Plaintiffs failed to state
a claim upon which relief can be granted and dismisses their Seventh Amendment
claim.” See Case No. 2:2009-cv-00791; Doc. # 213, p. 18.

53. Defendant Honeywell knew and fraudulently concealed that Plaintiffs’ prosecution of

Federal Defendants for Seventh Amendment Violations did of course not require “necessary

state procedures”. Brazenly and idiotically, Defendant Honeywell concocted “necessary

13
 state procedures” on the record. Said reckless fabrications were outside Honeywell’s scope

of immunity and official capacity.

54. Fraudulently and recklessly, judicial Defendants had concealed jurisdiction under false

pretenses of, e.g., “frivolity” and “vexatiousness”. See Case No. 2:2010-cv-00089, Doc. # 50,

p. 4.

55. Fraudulently and recklessly, judicial Defendants had concealed jurisdiction under false

pretenses of, e.g., “lack of subject matter jurisdiction” even though the Defendant Federal

Agents were subject to Federal jurisdiction whether or not the questions were Federal or non-

Federal questions.

56. Therefore, the Plaintiffs had always properly prosecuted the Federal Agents in this Court.

57. In all previous Cases, this Court had always patently clear jurisdiction.

58. E.g., judicial Defendant Honeywell fraudulently pretended, Doc. # 213, p. 21:

“B. Supplemental Jurisdiction

The decision to exercise supplemental jurisdiction over pendent state claims rests
within the discretion of the district court.” Raney v. Allstate Ins. Co., 370 F.3d 1086,
1088-89 (11th Cir. 2004). Once a district court dismisses all claims over which it had
original jurisdiction, it may decline to exercise supplemental jurisdiction over the
remaining state claims. 28 U.S.C. § 1367(c)(3). This Court, therefore, declines to
exercise supplemental jurisdiction over Plaintiffs’ remaining state claims.”

59. Any and all “state claims” involving Federal Agents and Defendants absolutely invoked

Federal jurisdiction. This corrupt Court deliberately deprived the Plaintiffs of justice and

adjudication of their claims under fraudulent pretenses of, e.g., “lack of jurisdiction”, which

invoked Federal jurisdiction.

14
 VENUE:

VENUE IN LIGHT OF PANDEMIC PUBLIC CORRUPTION & RACKETEERING

60. The Plaintiff Government racketeering and corruption victims are residing in New

Hampshire, U.S.A., and are entitled to redress their Government grievances in the UNITED

STATES DISTRICT COURT, DISTRICT OF NEW HAMPSHIRE. See public records.

61. The Plaintiffs are European citizens who have lived in fear of, e.g., the record unlawful and

criminal Government retaliation, extortion, obstruction of justice, threats, punishments,

pandemic corruption, coercion, fraud, and deliberate deprivations by Government Agents.

DEMAND FOR RELIEF FROM CORRUPTION: TRANSFER OF PENDING ACTIONS

62. Because of the record pandemic public corruption in the 11th U.S. Appellate Circuit and

the two previous U.S. District Courts, the Plaintiffs demand equitable and other relief and

immediate transfer of all pending actions to a non-corrupt venue outside of endemically

corrupted Florida, Georgia, and Alabama.

FLORIDA PATTERN AND POLICY OF FALSIFICATIONS

63. At the center of the public corruption and racketeering scandal and cover-up have been the

recorded Florida falsifications of, e.g., a “writ of execution”, “$5,048.60 judgment”, “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” for criminal and illegal

purposes of, e.g., retaliating and extorting Court fees, money, and property through

organized illegal Government enterprises in Florida.

15
 EXTORTION, PUBLIC CORRUPTION, AND RACKETEERING IN FLORIDA:

CONSPIRACY TO CONCEAL THAT PROPERTY RIGHTS ARE FUNDAMENTAL

64. The Federal Defendants conspired to fraudulently conceal that property rights are most

fundamental rights under Florida and Federal supreme law. E.g., on or around 06/23/2010,

Defendant Honeywell conspired to brazenly and irrationally concoct, Doc. # 213, p. 20:

“Property rights would not be fundamental rights since they are based on state law.”
Id. Here, Plaintiffs claim that they have been denied their alleged property rights in
Lot 15A. These property rights are defined by state law. Therefore, the Court finds
that Plaintiffs failed to state a claim upon which relief can be granted and dismisses
their Substantive Due Process Claim.”

65. No halfway intelligent and non-corrupt judge in Defendant Honeywell’s shoes could have

possibly denied that property rights and the right to own property and exclude Government

are most fundamental rights.

IDIOTIC AND NAZI STYLE GOVERNMENT CRIMES IN FLORIDA

66. Any reading of most of the orders and judgments (in dozens of Plaintiffs’ Cases since 2006)

by the Defendant Judges in State and Federal Courts for Florida evidenced shocking

similarity with NAZI Government tactics of oppression and terror. See, e.g., BUSSE v.

STATE OF FLORIDA, 2006-CA-003185, Lee County, Florida, Circuit Court.

67. Reckless destruction and erosion of most of the express fundamental rights under the

Florida and Federal Constitutions required transfer away from corrupt Florida Courts

with a totally tarnished reputation.

PLAINTIFFS ARE CORRUPTION VICTIMS IN FEAR OF FURTHER RETALIATION:

RECORD OWNERSHIP OF AND TITLE TO LOT 15A, 12-44-20-01-00015.015A

68. Plaintiffs are Government corruption victims in fear of further Government retaliation,

obstruction of justice, and extortion on the run from Florida’s pandemic culture of public

corruption and racketeering.

16
69. Defendant U.S. Government Agents fraudulently concealed, and conspired to conceal, their

recorded and published extortion, obstruction of justice, corruption, bribery, crimes, and

illegal acts of record. Defendant Government Racketeers covered up for each other for years.

70. The Plaintiff public corruption victims are the unimpeachable record owners of riparian Lot

15A on the Gulf on Mexico, S.T.R.A.P. # 12-44-20-01-00015.015A. See PRESCOTT v.

STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th Circuit Apr. 21, 2009).

71. Plaintiffs’ Warranty Deed, Lee County INSTRUMENT # 2010000171344, expressly stated

the extent of Plaintiffs’ conveyance in reference to the 1912 Plat of Survey of the private

undedicated residential “Cayo Costa” Subdivision in Lee County Plat Book 3, Page 25.

72. Three other Plats of Survey in Plat Book 1, Pages 48, 51, and 52, conclusively evidenced the

history and accretion of the private “Cayo Costa” Subdivision lands since 1910.

73. Because Lot 15A, “Cayo Costa”, had naturally accreted the record designation was “Lot

15A”. See four “Cayo Costa” Plats of Survey in Lee County Plat Book 1, Pages 48, 51, and

52 (1910 through 1912) and Plat Book 3, Page 25 (1912). See PRESCOTT v. STATE OF

FLORIDA, 343 Fed. Appx. 395, 396-97 (11th Circuit Apr. 21, 2009).

17
 HISTORY OF PUBLIC CORRUPTION & RACKETEERING:

PREVIOUS LITIGATION IN STATE AND U.S. DISTRICT & CIRCUIT COURTS

STATE ACTION, 2006-CA-003185, BUSSE v. STATE OF FLORIDA

74. In State Court, 2006-CA-003185, BUSSE v. STATE OF FLORIDA, the Plaintiffs had

conclusively evidenced, e.g., fraud, deception, conspiracy to defraud and deliberately

deprive, corruption “”land grab scheme”), and their most fundamental rights to, e.g., own

their riparian Lot 15A, “Cayo Costa”, exclude Government, be free of Government seizures,

corruption, forgeries, and legally incomprehensible and fake “land parcels” and “land

claims”, which the law did not recognize.

PREVIOUSLY ALLEGED & CONCLUSIVELY PROVEN FRAUD, CORRUPTION…

75. Under “COUNT 4: CONSPIRACY TO FABRICATE UNPLATTED LOT A, BLOCK 1

& PARK; FRAUD; MALFEASANCE”, Case No. 2:2007-cv-00228, Doc. # 288, p. 5, the

Plaintiffs had perfectly pleaded, e.g., “conspiracy to fabricate”, “fraud”, “malfeasance”,

“deception”, trickery, public corruption (“land grab scheme”), and “denial of the equal

protection of the laws”:

“24. Without title evidence in the public Grantor/Grantee Index, Defendant

[Wilkinson] conspired to concoct un-platted lot A ([fake] Property I.D. 12-44-20-01-
00000.00A0), block 1, ([forged] Property I.D. 07-44-21-01-00001.0000), and park.
With malicious purpose, Defendant [Wilkinson] assisted the plan to deceive with
materially altered plat, maps, and records to obtain benefits for State and County.
Said acts and omissions were in willful disregard of property. Defendant denied
agricultural classification of Plaintiff’s accreted lot, all of which had been formed by
accretions since approx. 1910. Therefore, Defendant [Wilkinson] destroyed most of
Plaintiff’s property value, deprived him of private easements without compensation,
and denied equal protection of the laws in a land grab scheme pursuant to Ch.
768.”
“A reasonable appraiser, surveyor or title agent cannot locate lot A or block 1 on
the Plat and must presume invalidity of ‘OR 569/875’, lot A, and block 1 as a
matter of established real property law, standards, and tenets…” See Case No.
2:2007-cv-00228, Doc. # 288, p. 5, ¶¶ 24, 25.

18
76. Defendant Government Officials and Defendants knew their false assertions of “eminent

domain” to be unlawful and criminal acts, because “eminent domain” had never occurred.

77. The Defendants knew and fraudulently concealed that Plaintiffs’ perfectly pleaded causes of

action were perfectly ripe for Federal adjudication. However, the Defendants conspired to

obstruct justice and adjudication in an organized orchestration of Government rape and

perversion of supreme Florida and Federal law.

78. The corrupt State and U.S. Courts never addressed the perfectly pleaded causes of action for

criminal and illegal purposes of concealing Government forgeries and covering up for

Government criminal who acted outside the scope of their official capacity.

79. Had there been [merely hypothetically] “eminent domain”, title would have transferred from

Plaintiffs to Government. Plain and short, Plaintiffs had pleaded, e.g., Government

“deception”, trickery, fraud, fraudulent concealment, and public corruption, which of course

invoked Federal jurisdiction did not require any

“23. Defendant Property Appraiser claimed and published that draft “569/875’
entitled Lee County to claim ownership of un-platted lot A, and block 1. Under oath,
Defendant Appraiser admitted that Cayo Costa was unencumbered by public
easements and not dedicated.” See Case No. 2:2007-cv-00228, Doc. # 288, Third
Amended Complaint, p. 5, ¶ 23.

80. Defendant Government Officials knew and fraudulently concealed that as a matter of law, the

fraudulently pretended and fabricated “Lee County ownership” of non-existent “lot A”, fake

“parcel” “12-44-20-01-00000.00A0”, and non-existent “block 1”, fictitious “parcel” “07-44-

21-01-00001.0000” had been absolutely legally impossible, because any ownership would

have implied easement rights the record absence of which Defendant Wilkinson had admitted

under oath thereby affirming the public record and PB 3 PG 25 (1912).

19
81. “Selective reading” of a complaint and “concealment of its essential parts did not constitute

failure to state a claim but reckless deprivations, public corruption, deception, trickery, fraud,

malfeasance as perfectly pleaded in said Third Amended Complaint.

82. The U.S. Courts [Defendant Crooked Judges Steele and Chappell removed 2006 State action

to Federal Court] obstructed the adjudication of Plaintiffs’ perfectly pleaded claims for relief.

The Defendant Corrupt Judges were obligated to review the entire Complaint: Pick and

choose was not any lawful option under the law.

20
 ADOPTION:

ADOPTION BY REFERENCE OF THIRD AMENDED COMPLAINT, DOC. 288, 282

83. Hereby, the Plaintiffs adopt by reference the attached “Third Amended Complaint”, Doc. ##

288, 282, Case No. 2:2007-cv-00228 in this Complaint. See Exhibit A.

84. In said Complaint, Plaintiffs had alleged and proven the prima facie illegality, criminality,

and nullity of facially forged “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-

00001.0000”.

21
 DEFENDANT JACK N. PETERSON

RECORD LACK OF IMMUNITY - PERPETRATION OF UNLAWFUL ACTS

85. The Plaintiff public corruption victims are suing JACK N. PETERSON in his private

individual capacity and official capacity as Assistant Lee County Attorney. Defendant

Peterson’s criminal and unlawful acts on record were outside any immunity and official

capacity.

PROSECUTION UNDER CIVIL RICO

86. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly authorized

civil remedies. Defendant Racketeer PETERSON perpetrated record RICO predicate acts

such as, e.g., extortion, obstruction of justice, and retaliation.

87. Defendant PETERSON knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-4”,

Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same
practices [of having conclusively proven and exposed Government extortion,
racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth
M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request
that this Court require the Appellant to pay a monetary penalty into the Court for
filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

88. Defendant Crooked J. N. PETERSON injured the Plaintiff record property and business

owners by reasons of publicly recorded violations of Section 1962. See Section 1964(C).

Plaintiffs are holding legal and beneficial interests in their Cayo Costa business and property,

riparian Lot 15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section

22
 1961(3). Plaintiffs demand recovery for both tangible and intangible property losses,

business interruptions, and other losses as a direct and proximate result of Defendant

PETERSON’S extortion, racketeering, and obstruction of justice.

89. In particular, Defendant Crooked Official PETERSON extorted money, fees, and property

under prima facie false pretenses of “frivolity” and “vexatiousness”, falsified “land

parcels”, and a “writ”, Doc. # 425, while fraudulently concealing that Lee County, FL, had

never owned and could not have possibly owned Plaintiffs’ Cayo Costa business and

property as a matter of law. See business records on file by eminent domain Attorneys at

Brigham Moore.

90. Defendant PETERSON knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S
Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;
b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;
c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;
d. No appellee had filed any “Rule 38 motion”;
e. No appellee had filed any “motion in pursuit of a frivolous appeal”;
f. The deadlines to file any motion had expired;
g. No “Appellee “WILKERSON” had existed;
h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could
not have possibly been incurred by Defendant Racketeer and “land parcel” Forger
Wilkinson.

91. Said Defendant PETERSON fraudulently concealed that

“(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment
shall be served not later than 10 days after entry of the judgment, except that this rule
does not affect the remedies in rule 1.540(b).”
See Doc. # 386-5, Case No. 2:2007-cv-00228.

18 U.S.C. § 1962 VIOLATIONS

92. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant

PETERSON’S Section 1962 violations, which proximately and directly resulted from the

publicly recorded commissions of the predicate acts such as, e.g., extortion, retaliation,

23
 fraud, fraud on the State and Federal Courts, fraudulent concealment of facially forged “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake

“writ of execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

93. Defendant PETERSON acquired control and conspired with other Officials to acquire

control of Plaintiffs’ Lee County property and business through, e.g., organized crime such

as, e.g.:

a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such
as, e.g., “$5,048.60”;
c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;
d. Profiteering from extra-judicial crimes and bribes.

FOR BRIBES DEFENDANT FRAUDULENTLY CONCEALED BINDING PRECEDENT

94. In exchange for bribes, Defendant Racketeer PETERSON concealed and conspired with

other Officials and U.S. Circuit & District Judges to conceal binding precedent:

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490

(11th Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959)

DEFENDANT PETERSON’S SECTION 1962(B) LIABILITY

95. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant J. N. PETERSON has been collecting

an unlawful debt to acquire and maintain an illegal interest in and control of the prima facie

illicit “park” enterprise in the private, undedicated, residential “Cayo Costa” Subdivision

24
 as platted in 1912, PB 3 PG 25. Plaintiffs’ injuries flowed directly from Defendant

PETERSON’S and other Officials’ maintenance and acquisition of control of the “park”,

entertainment, and recreation enterprise, and acquisition and/or maintenance of control of

falsified “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” with an

area of Hundreds of Acres along the “Gulf of Mexico” and “Charlotte Harbor”, PB 3 PG 25.

96. Section 1962(B) provides that:

“It shall be unlawful for any person through a pattern of racketeering activity or
through collection of an unlawful debt to acquire or maintain, directly or indirectly,
any interest in or control of any enterprise which is engaged in, or the activities of
which affect, interstate or foreign commerce.”

DEFENDANT’S SECTION 1962(C) LIABILITY & “ASSOCIATION”

97. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant PETERSON has been collecting an

unlawful debt and participated in the conduct and affairs of said Government enterprise.

Plaintiffs’ injuries flowed directly from Defendant PETERSON’S and other Officials’

participation in said record Government “land parcel” extortion and fraud scheme, ##

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”, and the participation in

Government fraud and extortion schemes of “frivolity” and “vexatiousness”.

98. Section 1962(c) provides that:

“It shall be unlawful for any person employed by or associated with any enterprise
engaged in, or the activities of which affect, interstate or foreign commerce, to
conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs
through a pattern of racketeering activity or collection of unlawful debt.”

99. The Plaintiffs proved

1. The existence of Defendant(s)’ entertainment and recreational enterprise affecting

interstate commerce;

25
 2. That the Defendants were associated with the “State Park and Recreation”
enterprise;
3. That Defendant participated, either directly or indirectly, in the conduct or the
affairs of said entertainment enterprise; and
4. That Defendants participated through a pattern of racketeering activity, which
included the allegation of at least two racketeering acts such as, e.g., extortion,
bribery, obstruction of justice, and retaliation.

100. As a Crooked Attorney overseeing Lee County Defendants’ prima facie fraudulent

defenses, claims, falsifications, and forgeries, Defendant PETERSON had a very

meaningful connection between the illegal enterprise and the racketeering and extortion of

land, money, and fees for the enterprise under color of, e.g., office and authority.

101. Defendant PETERSON extorted and concealed, and conspired to extort and conceal,

that he procedure on execution did not accord with the procedure of the State of Florida. See

Fed.R.Civ.P. 69. Defendant knew that Florida procedure required a recorded and certified

judgment, which here had never existed. The Court never had any authority to award

“$5,048.60”, and the judgment issued as mandate on 06/11/2009 in the amount of $24.30 had

been paid. The prima facie fraudulent “affidavit” by Defendant Racketeer JACK N.

PETERSON fraudulently pretended a “07/29/2009” “judgment”, Doc. # 432-2, Case No.

2:2007-cv-00228, which all Defendants knew, concealed, and conspired to conceal had

never existed. See also Ch. 55, 56, Florida Statutes.

CONSPIRACY TO EXTORT

102. Defendant PETERSON conspired with other Officials and Defendants to extort fees,

money, and property from the Plaintiffs in the recorded absence of any “judgment” and

“writ of execution”. See certified Docket of Case No. 2:2007-cv-00228.

26
 COVER-UP AND CONCEALMENT OF DEF. WILKINSON’S RECORD FORGERIES

103. As latest Attorney for Defendant Forger K. M. Wilkinson, Def. PETERSON concealed

forged “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” with

wanton disregard for Plaintiffs’ express fundamental property rights under the Florida

and Federal Constitutions.

CONSPIRACY TO BRIBE AND DELIBERATELY DEPRIVE

104. Def. PETERSON conspired with other Defendants to bribe Defendant Government

Officials and Judges and deliberately deprive the Plaintiffs of express fundamental rights

and guarantees of the Florida and Federal Constitutions such as, e.g., to own property,

exclude Governments from Plaintiffs’ Lot 15A, “Cayo Costa”, be free of Government

corruption, oppression, fraud, terror, prosecute by jury trial, and of due process and equal

protection of the law under fraudulent pretenses of, e.g., forged “land parcels” and “writ of

execution”.

FRAUDULENT CONCEALMENT OF DEF. WILKINSON’S CRIMES

105. After Def. “land parcel” Forger Wilkinson had deceptively “claimed” 11th U.S. Const.

Amendment immunity, which in and by itself had invoked Federal jurisdiction, Defendant

Lee County Assistant Attorney PETERSON acted as Def. Forger Wilkinson’s Attorney and

concealed Wilkinson’s publicly recorded crimes and unlawful acts.

EXTENSION OF CULTURE OF ORGANIZED GOVERNMENT CRIMES

106. Def. Peterson extended the policy and culture of organized Lee County Government

crimes and public corruption. Over the years dozens of Lee County Officials have been

criminally investigated and/or faced criminal charges. In particular, Peterson extended the

publicly recorded fabrications of fake “land parcels” “12-44-20-01-00000.00A0” and “07-

27
 44-21-01-00001.0000”, which Def. Peterson could not locate on the Plat of the private Cayo

Costa Subdivision as conveyed and legally described in reference to the 1912 Plat in Lee

County Plat Book 3, Page 25.

CONSPIRACY TO OBSTRUCT JUSTICE AND EVADE CLAIMS

107. In exchange for Defendants’ bribes, bribed Judges simply obstructed justice and evaded

the issues and claims for relief. In this recorded conspiracy and “Cayo Costa Gate”, any and

all Judges in the criminal gang of Judges conspired not to determine the obvious and

patently clear lack of any “lot 00A0” and “block “00001” on the 1912 “Cayo Costa”

Subdivision Plat, PB 3 PG 25. See “Third Amended Complaint”, Doc. ## 288, 282, Case No.

2:2007-cv-00228. While said “parcel” forgeries and fraud and extortion scheme could have

been certified and verified within seconds, Peterson managed to conspire with other

Government Officials and Defendants to perpetuate the decades old record crimes with

corrupt intent to obtain illegal benefits at Plaintiffs’ expense and injury.

108. Perhaps Judge Douglas N. Frazier should be noted here, because he recused himself “in

the interest of justice”.

FABRICATION OF “writ of execution”

109. Def. PETERSON fabricated and conspired to fabricate:

“… along with this Court’s Writ of Execution …” See Doc. # 434, 425, 432, p. 1, Case

No. 2:2007-cv-00228.

110. With corrupt intent to obtain illegal benefits and injure the Plaintiff corruption victims,

Defendant Peterson and Wilkinson “moved for entry of order directing public sale of real

property …”, Doc. # 432, 05/21/10, in the known record absence of any judgment that

could have possibly become a lien on property. See Ch. 56, § 55.10, Fla. Stat.

28
 CONSPIRACY TO FABRICATE

111. Defendants Peterson and Wilkinson conspired with other Defendants to fabricate a

“$5,048.60 judgment” even though none could be found on the Docket of Case No. 2:2007-

cv-00228.

DEFENDANT RYAN BARRY

RECORD LACK OF IMMUNITY - PERPETRATION OF UNLAWFUL ACTS

112. The Plaintiff public corruption victims are suing Ryan Barry in his private individual

capacity and official capacity as Supervising U.S. Deputy Marshal, Fort Myers, FL.

Defendant Barry’s criminal and unlawful acts on record were outside any immunity and

official capacity.

FRAUDULENT CONCEALMENT OF WRIT OF EXECUTION-EXTORTION-SCHEME

113. Defendant Ryan Barry knew and fraudulently concealed that no authentic and genuine

“writ of execution” had ever existed or been “issued”. Barry knew that on the face of a sham

“writ”, no judge could possibly be identified.

AFFIDAVIT AND OBSTRUCTION OF SUSPENSION OF EXECUTION

114. Defendant Barry acknowledged receipt of Plaintiffs’ AFFIDAVIT requiring

SUSPENSION of any and all proceedings on execution under Florida law. Def. Barry

obstructed justice, extorted, and retaliated. In the recorded absence of any “judgment”

and debt, Def. Barry conspired with other Officials to extort Plaintiffs’ property and money.

See recorded and published AFFIDAVIT.

CONSPIRACY TO FALSIFY OFFICIAL DOCUMENT

115. Defendant Barry conspired with other Officials and Defendants to falsify official

records. In the record absence of any genuine and valid “writ of execution”, Def. Supervisor

29
 Barry refused to correct the fraudulent acts on the record and prevent further harm. With

corrupt intent to obtain illegal benefits, Def. Barry deliberately deprived the Plaintiffs of

their express fundamental rights and Constitutional guarantees to own property, exclude

Government, and be free of Government corruption, extortion, and illegal seizures.

CONSPIRACY TO INTIMIDATE AND RETALIATE AGAINST PLAINTIFFS

116. Because the Plaintiff public corruption victims had previously sued Richard Jessup, U.S.

Deputy Marshal, Defendant R. Barry agreed with other Officials to intimidate and retaliate

against the Plaintiff record landowners. Def. Barry conspired with other Government

Officials and Defendants to intimidate, harass, and coerce the Plaintiffs to refrain from

prosecuting and reporting the record public corruption in the U.S. District and Circuit Court.

CONSPIRACY TO EXTORT PROPERTY UNDER FRAUDULENT PRETENSES

117. Under fraudulent pretenses of a facially forged “writ of execution”, Def. Barry

conspired with other Officials to extort Plaintiffs’ property without any justifying

“judgment” or any other explanation and due process. When Plaintiffs notified Def. Barry

and proved the fraud on the record, Barry expressly stated that he did not care.

PATTERN AND POLICY OF THREATS AND COERCION

118. Previously under Def. Barry’s reported supervision, Co-Defendant Richard Jessup had

threatened Jennifer Franklin Prescott and Dr. Jorg Busse in Naples, Florida, in the presence

of a witnessing family member (B. P.).

119. Even though the Plaintiffs had filed police reports and complained about Co-Defendant

Richard Jessup’s coercion and threats, Jessup continued to harass and intimidate the

Plaintiffs. In particular, Co-Defendant Jessup continued to coerce the Plaintiffs to refrain

from prosecution or face seizure of their property in the “Cayo Costa” Subdivision.

30
120. Def. Barry knew that the Plaintiffs had specifically reported the prima facie nullity and

illegality of Jessup’s “writ of execution”-extortion-scheme. With particularity, Defendant

Barry knew and fraudulently concealed that there had never been any legitimate grounds for

any “writ of execution” and that the facially forged “writ” was for criminal and illegal

purposes of, e.g., record coercion and extorting fees and property from the Plaintiff public

corruption whistleblowers.

OBSTRUCTION OF COMMUNICATIONS AS TO COMMISSION OF CRIMES

121. Defendant Ryan Barry obstructed and prevented the communications of information

relating to the commission of felonies and unlawful acts directly involving, e.g., Defendant

Crooked Judges Honeywell, S. Polster Chappell, and John E. Steele.

THREATS, INTIMIDATION, AND HARRASSMENT

122. For unlawful purposes of, e.g., coercing the Plaintiffs to refrain from reporting crimes

and prosecuting corrupt Government Officials and concealing public corruption, Defendant

Samuel intimidated, harassed, and threatened the Plaintiffs with punishment and

prosecution under color of office and authority.

123. Defendant Barry knew and fraudulently concealed that Defendant U.S. Judges had

deliberately deprived the Plaintiffs of express fundamental rights such as, e.g., due

process, equal protection of the law, prosecution by jury trial, equal court access, freedom

from Government oppression and terror, and freedom from unlawful seizures.

CONSPIRACY TO CONCEAL CORRUPTION AND BRIBERY

124. Defendant Ryan Barry conspired to conceal public corruption, and that in exchange for

bribes, Defendant Judges and Government Officials had deliberately deprived the Plaintiff

corruption victims of their express fundamental rights under the Florida and Federal

31
 Constitutions. Def. Barry knew that on the record, U.S. Defendants had perverted, e.g., the

express fundamental rights to be free of Government corruption, oppression, fraudulent

seizure of property, to own property, exclude Government, redress Government grievances,

and defend against public corruption and Government crimes.

CONSPIRACY TO OBSTRUCT COMMUNICATIONS OF CRIME INFORMATION

125. In direct communications, the Plaintiffs had repeatedly reported Government forgeries

of fictitious “land parcels” and a non-existent “park” to Def. Barry, who recklessly

obstructed Plaintiffs’ crime information about the land-grab-extortion-scheme and fake

“parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”, which neither Def.

Barry nor Co-Defendant Jessup could identify on the 1912 “Cayo Costa” Subdivision Plat of

Survey in Lee County Plat Book 3, Page 25.

PERJURY AND/OR MATERIAL MISREPRESENTATION FOR EXTORTION

126. Def. Barry knew and fraudulently concealed that for criminal and/or unlawful purposes

of extortion of property and coercion, Co-Defendant Barry had perjured himself and/or

materially misrepresented “service” and/or “process”. See Doc. # 429, Case No. 2:2007-cv-

00228. Def. Barry knew and fraudulently concealed that Co-Defendant Richard Jessup had

never served Dr. “Jorg Busse at Clerk’s office of U.S. Courthouse” on “2-8-10”.

FRAUD AND DELIBERATE DEPRIVATIONS

127. Defendants Ryan Barry and Richard Jessup knew the facially deceptive information on

the “process receipt and return” to be fraudulent, Doc. # 429, Case No. 2:2007-cv-00228:

“Subject property is located as shown on maps contained in the website of the Lee
County Property Appraiser, Parcel No. 12-44-20-01-00015.015A (www.leepa.org).”

32
 CONSPIRACY TO EXTORT & MISLEAD UNDER COLOR OF OFFICE

128. Defendant Wilkinson was a named party Defendant without any authority to pervert

Plaintiffs’ record conveyance of riparian Lot 15A, “Cayo Costa”, on the Gulf of Mexico in

reference to said PB 3 PG 25 (1912). See Warranty Deed, Lot 15A, LEE COUNTY INSTR

# 2010000171344. Def. Supervisor Barry knew and fraudulently concealed that Defendant

Wilkinson was not any professional surveyor or real property attorney, and unauthorized to

determine any parcel boundaries or “site” on the soil. See also PRESCOTT v. STATE OF

FLORIDA, 343 Fed. Appx. 395, 396-97 (11th Circuit Apr. 21, 2009):

“I. BACKGROUND
A. Current Action
The Appellants are owners of Lot 15A in the Cayo Costa subdivision in Lee
County, Florida.”

CONSPIRACY TO DECEIVE AND PERPETRATE FRAUD ON THE COURT

129. Defendants R. Barry and R. Jessup ignored, concealed, and deceived, and conspired to

fraudulently misrepresent the specific “disclaimers” and notices on the referenced website,

“www.leepa.org”. Said website was only for “assessed property value” purposes. Plaintiff

Dr. Jorg Busse is a State Certified Appraiser who had proven the fraud and extortion

schemes by Def. “land parcel” Forger Kenneth M. Wilkinson.

EXTENSION OF RECORD EXTORTION AND FRAUD SCHEMES

130. Defendant Ryan Barry extended the record extortion and fraud schemes by Defendant

“land parcel” Forger Kenneth M. Wilkinson.

CONSPIRACY TO “POST” PLAINTIFFS’ UNENCUMBERED PROPERTY

131. Defendant Crooked Barry knew and fraudulently concealed that Plaintiffs’ riparian

property was unencumbered and free and clear of any “judgment”, because no unpaid

33
 “judgment” could be found on the Docket of Case No. 2:2007-cv-00228 and no genuine valid

“writ of execution” had ever been “issued”.

132. Defendant Barry conspired with other Officials to “post” Plaintiffs’ facially

unencumbered property for illegal and criminal purposes such as, e.g., coercing and

retaliating against the Plaintiffs, and extorting their property. See Doc. # 429, Case No.

2:2007-cv-00228.

DEFENDANT BETTYE G. SAMUEL

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

133. The Plaintiff public corruption victims are suing U.S. Defendant Bettye G. Samuel in her

private individual capacity and official capacity as Judicial Assistant to Defendant Crooked

Judge C. E. Honeywell. Defendant Samuel’s criminal and unlawful acts on record were

outside any immunity and official capacity.

OBSTRUCTION OF COMMUNICATIONS AS TO COMMISSION OF CRIMES

134. Defendant Samuel obstructed and prevented the communications of information

relating to the commission of felonies and unlawful acts directly involving, e.g., Defendant

Crooked Judge Honeywell and S. Polster Chappell.

THREATS, INTIMIDATION, AND HARRASSMENT

135. For unlawful purposes of, e.g., coercing the Plaintiffs to refrain from reporting crimes

and prosecuting corrupt Government Officials and concealing public corruption, Defendant

Samuel intimidated, harassed, and threatened the Plaintiffs with punishment and

prosecution under color of office and authority.

136. Defendant Samuel knew and fraudulently concealed that Def. Corrupt Honeywell

deliberately deprived the Plaintiffs of express fundamental rights such as, e.g., due

34
 process, equal protection of the law, prosecution by jury trial, equal court access, freedom

from Government oppression and terror.

CONSPIRACY TO CONCEAL CORRUPTION AND BRIBERY

137. Defendant Samuel knew and conspired to conceal public corruption, and that in

exchange for bribes, Defendant Judges and Government Officials had deliberately deprived

the Plaintiff corruption victims of their express fundamental rights under the Florida and

Federal Constitutions. On the record, U.S. Defendants had perverted, e.g., the express

fundamental rights to be free of Government corruption, oppression, fraudulent seizure of

property, to own property, exclude Government, redress Government grievances, and

defend against public corruption and Government crimes.

DEFENDANT RICHARD A. LAZZARA

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

138. The Plaintiff public corruption victims are suing Defendant Corrupt Richard A.

Lazzara in his private individual capacity and official capacity as U.S. District Judge.

Defendant Lazzara’s criminal and unlawful acts on record were outside any immunity and

official capacity.

PROSECUTION UNDER CIVIL RICO

139. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer R. A. Lazzara perpetrated record RICO

predicate acts such as, e.g., extortion, obstruction of justice, and retaliation.

140. Defendant R. A. Lazzara knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-4”,

Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

35
 “In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same
practices [of having conclusively proven and exposed Government extortion,
racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth
M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request
that this Court require the Appellant to pay a monetary penalty into the Court for
filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against recorded extortion,

racketeering, corruption, and fraud.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

141. Defendant Crooked R. A. Lazzara injured the Plaintiff record property and business

owners by reasons of publicly recorded violations of Section 1962. See Section 1964(C).

Plaintiffs are holding legal and beneficial interests in their Cayo Costa business and property,

riparian Lot 15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section

1961(3). Plaintiffs demand recovery for both tangible and intangible property losses,

business interruptions, and other losses as a direct and proximate result of Defendant R. A.

Lazzara’s racketeering, extortion, and obstruction of justice.

18 U.S.C. § 1962 VIOLATIONS

142. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant

Lazzara’s Section 1962 violations, which proximately and directly resulted from the

publicly recorded commissions of the predicate acts such as, e.g., extortion, retaliation,

fraud, fraud on the State and Federal Courts, fraudulent concealment of facially forged “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake

“writ of execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

36
143. Defendant Lazzara acquired control and conspired with other Officials to acquire

control of Plaintiffs’ Lee County property and business through, e.g., organized crime such

as, e.g.:

a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

d. Profiteering from extra-judicial crimes and bribes.

FOR BRIBES DEFENDANT FRAUDULENTLY CONCEALED BINDING PRECEDENT

144. In exchange for bribes, Defendant U.S. Racketeer Lazzara concealed and conspired

with other Officials and U.S. Circuit & District Judges to conceal binding precedent:

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490

(11th Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959)

DEFENDANT LAZZARA’S SECTION 1962(B) LIABILITY

145. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Lazzara has been collecting an

unlawful debt to acquire and maintain an illegal interest in and control of the prima facie

illicit “park” enterprise in the private, undedicated, residential “Cayo Costa” Subdivision

as platted in 1912, PB 3 PG 25. Plaintiffs’ injuries flowed directly from Defendant Lazzara’s

and other Officials’ maintenance and acquisition of control of the “park”, entertainment, and

recreation enterprise, and acquisition and/or maintenance of control of falsified “land

37
 parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” with an area of

Hundreds of Acres along the “Gulf of Mexico” and “Charlotte Harbor”, PB 3 PG 25.

146. Section 1962(B) provides that:

“It shall be unlawful for any person through a pattern of racketeering activity or
through collection of an unlawful debt to acquire or maintain, directly or indirectly,
any interest in or control of any enterprise which is engaged in, or the activities of
which affect, interstate or foreign commerce.”

DEFENDANT LAZZARA’S SECTION 1962(C) LIABILITY & “ASSOCIATION”

147. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Lazzara has been collecting an

unlawful debt and participated in the conduct and affairs of said Government enterprise.

Plaintiffs’ injuries flowed directly from Defendant Lazzara’s and other Officials’

participation in said record Government “land parcel” extortion and fraud scheme, ##

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”, and the participation in

Government fraud and extortion schemes of “frivolity” and “vexatiousness”.

148. Section 1962(c) provides that:

“It shall be unlawful for any person employed by or associated with any enterprise
engaged in, or the activities of which affect, interstate or foreign commerce, to
conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs
through a pattern of racketeering activity or collection of unlawful debt.”

149. The Plaintiffs proved

1. The existence of Defendant(s)’ entertainment and recreational enterprise affecting

interstate commerce;
2. That the Defendants were associated with the “State Park and Recreation”
enterprise;
3. That Defendant participated, either directly or indirectly, in the conduct or the
affairs of said entertainment enterprise; and
4. That Defendants participated through a pattern of racketeering activity, which
included the allegation of at least two racketeering acts such as, e.g., extortion,
bribery, obstruction of justice, and retaliation.

38
150. As an objectively partial and Crooked U.S. Judge presiding over Defendants’ prima facie

fraudulent defenses, claims, falsifications, and forgeries, Defendant Lazzara had a very

meaningful connection between the illegal enterprise and the racketeering and extortion of

land, money, and fees for the enterprise under color of, e.g., office and authority.

151. Defendant Lazzara extorted and concealed, and conspired to extort and conceal, that he

procedure on execution did not accord with the procedure of the State of Florida. See

Fed.R.Civ.P. 69. Defendant knew that Florida procedure required a recorded and certified

judgment, which here had never existed. The Court never had any authority to award

“$5,048.60”, and the judgment issued as mandate on 06/11/2009 in the amount of $24.30 had

been paid. The prima facie fraudulent “affidavit” by Defendant Racketeer JACK N.

PETERSON fraudulently pretended a “07/29/2009” “judgment”, Doc. # 432-2, Case No.

2:2007-cv-00228, which all Defendants knew, concealed, and conspired to conceal had

never existed. See also Ch. 55, 56, Florida Statutes.

BRIBERY AND PUBLIC CORRUPTION

152. In exchange for bribes, Defendant Richard A. Lazzara deliberately deprived the

Plaintiff corruption victims of their express fundamental rights under the Florida and

Federal Constitutions. Defendant Lazzara perverted and conspired with other Officials to

pervert the express fundamental rights to be free of Government corruption, oppression,

fraudulent seizure of property, to own property, exclude Government, redress Government

grievances, and defend against public corruption and Government crimes.

CONSPIRACY TO CONCEAL AND COVER UP

153. In exchange for bribes, Defendant Crooked Lazzara conspired with other Government

and judicial Officials and Defendants to conceal that the U.S. Courts had jurisdiction over

39
 any and all claims for relief, which U.S. Defendants Steele and Chappell had removed

from State to Federal Court, Case No. 2:2008-cv-00899. See State action, 2006-CA-003185,

BUSSE v. STATE OF FLORIDA, Lee County Circuit Court.

CONSPIRACY TO CORRUPT THE LAW AND FIX CASES FOR BRIBES

154. Defendant R. A. Lazzara made a mockery of the Federal proceedings by, e.g., illegally

“punishing” the Plaintiff corruption victims and fraudulently pretending authority under

Federal.R.Civ.P.11 for pleadings, which the Plaintiffs had filed in STATE Court. Just like a

bungling Government Whore, Defendant Lazzara perverted the law and rules and recklessly

misapplied them for criminal and unlawful purposes of, e.g., coercing the Plaintiffs to

refrain from prosecuting and reporting judicial and Governmental crimes and extorting

Plaintiffs’ property under color of a non-existent “regulation”.

FALSIFICATION OF RECORDS

155. Def. Lazzara falsified official records and fraudulently pretended a “regulation” and

“regulatory taking”.

RECORD DECEPTION, TRICKERY, AND FRAUD ON THE COURT

156. Just like a corrupt fool, Judicial Officer Lazzara deceived the Court and

“incomprehensibly” rambled about a “regulation”, “resolution”, and/or “resolution 569/875”

for criminal and illicit purposes of extorting Lot 15A, “Cayo Costa” under fraudulent

pretenses of, e.g., a “regulatory taking” and “frivolity”.

DECEPTIVE CONCEALMENT OF LACK OF RECORD AND COVER-UP

157. With corrupt intent to obtain benefits and harm the Plaintiff record owners, Crooked

Lazzara knew and recklessly concealed that nobody have ever “regulated” anything. See

40
 Third Amended Complaint, Doc. ## 288, 282; see “O.R. 569/875”; see 2006-CA-003185;

see 2:2008-cv-00899.

CONCEALMENT OF PLAINTIFFS’ EXPRESS FUNDAMENTAL RIGHTS

158. For bribes, Defendant Crooked Judge Lazzara conspired with other Defendants and

Officials to conceal Def. Crooked Appraiser Wilkinson’s prima facie record forgeries of

“land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” and cover up

for, e.g., Defendant Wilkinson and other Government Officials and Defendants.

CRIMINAL AND UNLAWFUL MATERIAL MISREPRESENTATION

159. Crooked Lazzara materially misrepresented Plaintiffs’ claims for relief against Corrupt

Government and other Officials to cover up for Defendants and obstruct justice and

adjudication. Lazzara perverted Plaintiffs’s Complaint and conclusively proven allegations in

their Third Amended Complaint, Case # 2:2007-cv-00228 and subsequent Complaints of

public record. See Doc. ## 5, 87, 282, 288, 338, 422; Case No. 2:2007-cv-00228.

RECKLESS DENIAL OF COURT ACCESS & OBSTRUCTION OF COURT ACCESS

160. Just like Nazi Judges in Nazi Germany, Lazzara simply shut down Plaintiffs Cases and

fixed them for bribes. See Docket, Case 2:2008-cv-00899.

RECORD FRAUD ON THE COURTS

161. Just like sexual predators in the Catholic Church scandals, Government predator Lazzara

concealed and covered up to obstruct any opportunity of justice and keep the Plaintiffs

away from the Courts.

41
 FALSIFICATION OF OFFICIAL RECORDS AND DOCUMENTS

162. Just like in Nazi Germany and the Church scandals, official records mysteriously and

illegally disappeared. Capriciously, Lazzara falsified official records and documents for

illicit purposes of procuring “dismissal” through fraud and fraud on the Court.

FRAUDULENT CONCEALMENT

163. Corrupt Lazzara knew and fraudulently concealed that on the record Defendant Forger

Wilkinson had forged “land parcels”, which Def. Lazzara could not locate on the 1912

“Cayo Costa” Subdivision Plat recorded in Lee County Plat Book 3, Page 25.

FRAUDULENT PRETENSES

164. For illegal purposes of concealing the record forgeries of “land parcels”, a non-existent

“park”, non-existent “authority” to coerce, “punish”, and “sanction” Plaintiff

whistleblowers, Defendant Lazzara fraudulently pretended “frivolity” and “vexatiousness”

under non-applicable Federal R. Civ. P. 11, which Lazzara knew did not apply to Plaintiffs’

pleadings in STATE court.

POLICY AND CUSTOM OF ORGANIZED GOVERNMENT CRIMES

165. Lazzara caused the record custom and policy of organized Government corruption and

crimes to be further extended.

166. The record depravity of Def. Lazzara’s acts was further evidenced by the organized

systematic cover-up and concealment of the State Court records. Defendant Lazzara

conspired with Def. U.S. Attorney, Def. Steele, and Chappell to in effect destroy any and all

State Court records in the corrupted process of removing Plaintiffs’ State action.

42
 EXTORTION OF FEES AND PROPERTY

167. Just like Nazi and Catholic Church Officials, Defendant Crooked Lazzara recklessly

orchestrated a “punishment” and “sanctions” scheme of intimidation for criminal and illicit

purposes of extorting fees and property from the Plaintiffs and coercing the Plaintiffs to

refrain from pursuing justice in State and Federal Courts, 2006-CA-003185; 2:2007-cv-

00228; 2:2008-cv-00899.

CONCEALMENT OF RECORD FORGERIES & RETALIATION

168. Crooked Lazzara conspired to conceal record forgeries such as, e.g., fake “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” and thereafter

retaliated and “punished” the Plaintiffs for blowing the whistle on said Government crimes.

DEFENDANT DREW HEATHCOAT

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

169. The Plaintiff public corruption victims are suing Defendant Crooked U.S. District Court

Clerk Drew Heathcoat (“deputy in charge”) in his private individual capacity and official

capacity. Defendant Heathcoat’s criminal and unlawful acts on record were outside any

immunity and official capacity.

FRAUDULENT CONCEALMENT OF LACK OF RECORD

170. Def. Crooked Clerk Heathcoat knew and fraudulently concealed that

a. No judgment pertaining to a non-existent “Rule 38 motion” existed;

b. No “Rule 38 motion” by Def. Forger Wilkinson could be found in the official records of

the U.S. Court of Appeals for the 11th Circuit and U.S. District Court, Middle District of

Florida;

43
 c. No mandated “July 2009 judgment” in the amount of “$5,048.60” had ever existed and/or

been received by the District Clerk;

d. No lawful, legitimate, and authentic “writ of execution” was “issued” by any U.S. Court

of Clerk.

FALSIFICATIONS OF OFFICIAL RECORDS

171. Defendant Crooked Clerk Heathcoat falsified official documents and records for

criminal and unlawful purposes of, e.g., obtaining unlawful benefits, extorting fees and

property from the Plaintiff whistleblowers, coercing the pro se Plaintiffs to refrain from

prosecution, obstructing justice and the just, speedy, and inexpensive adjudication of

Plaintiffs’ record claims for relief, et al.

CAUSING OTHERS TO FALSIFY OFFICIAL RECORDS

172. Defendant Crooked Clerk Heathcoat caused others such as, e.g., Defendants Kim Arnett

and Diane Nipper to falsify records such as, e.g., a non-authentic and non-genuine “writ of

execution” and a non-existent “Rule 38 motion”.

CAUSING OTHERS TO OBSTRUCT JUSTICE

173. Defendant Crooked Clerk Heathcoat caused others such as, e.g., Defendants Kim Arnett

and Diane Nipper to obstruct Plaintiffs’ filing of their pleadings and Notices of Appeal.

174. In July 2010, Crooked Heathcoat caused Arnett and Nipper to obstruct justice and

Plaintiffs’ filing of their “NOTICE OF APPEAL FROM ORDER, DOC. # 213 …” for

criminal and unlawful purposes of concealing the prima facie illegal acts in this Court and

covering up for Defendant corrupt Judges, who on the record conspired to conceal the

fabrications of, e.g., fake “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-

00001.0000” in exchange for bribes.

44
 DELIBERATE DEPRIVATIONS OF FUNDAMENTAL RIGHTS

175. On July 16, 2009, Defendant Heathcoat deliberately deprived the Plaintiffs of their

fundamental Constitutionally guaranteed rights to, e.g., redress Government grievances,

have meaningful court access, have electronic filing privileges, use the honest services of the

Clerk of U.S. Courts, be free of Government corruption, concealment, cover up, oppression

under, e.g., color of authority and office, fraudulent pretenses of a non-existent “writ of

execution”, non-existent “judgment”, non-existent “Rule 38 motion”, non-existent “bill of

costs”.

RECKLESS DEPRIVATIONS OF EXPRESS CONSTITUTIONAL GUARANTEES

176. On July 16, 2009, Defendant Heathcoat deliberately deprived the Plaintiffs of express

Constitutional guarantees such as, e.g., the fundamental rights to due process and equal

protection of the law.

CONSPIRACY TO EXTORT

177. Defendant Corrupt Heathcoat conspired with other Officials and Defendants to extort

fees and Plaintiffs’ real property, unlawfully seize Plaintiffs’ record property under facially

false pretenses of a non-existent “writ of execution”, and a “July judgment”, which

Heathcoat knew did not exist on the Docket of Case No. 2:2007-cv-00228.

CONSPIRACY TO OBSTRUCT JUSTICE

178. On July 16, 2009, Defendant Heathcoat obstructed, delayed, and prevented the

communication of crime information relating to the commission of felonies by Government

and judicial Officials and Defendants. Specifically, Clerk Heathcoat obstructed to issue

a. “A written statement that a diligent search of the designated records in Case No. 2:2007-
cv-00228 revealed no record or entry of any valid “writ of execution”;
b. “A written statement that a diligent search of the designated records in Case No. 2:2007-
cv-00228 revealed no record or entry of any valid “judgment in the amount of 5,048.60”;

45
 c. “A written statement that a diligent search of the designated records revealed no record
or entry of any “electronic filing privileges” in the names of Plaintiff corruption
whistleblowers Dr. Jorg Busse and Jennifer Franklin Prescott.

179. On July 16, 2009, Defendant Heathcoat obstructed Plaintiffs’ filing of their “NOTICE

OF APPEAL FROM ORDER, DOC. # 213 …”, Case No. 2:2009-cv-00791, and

obstructed, delayed, and prevented the communication of crime information relating to the

commission of felonies and illegal acts by Government and judicial Officials and

Defendants.

DEFENDANT JOHN EDWIN STEELE

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

180. The Plaintiff public corruption victims are suing Defendant Corrupt John Edwin Steele

in his private individual capacity and official capacity as U.S. District Judge. Defendant

Steele’s criminal and unlawful acts on record were outside any immunity and official

capacity.

PROSECUTION UNDER CIVIL RICO

181. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer John E. Steele perpetrated record RICO

predicate acts such as, e.g., extortion, obstruction of justice, and retaliation.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

182. Defendant Crooked Judge John E. Steele injured the Plaintiff record property and

business owners by reasons of publicly recorded violations of Section 1962. See Section

1964(C). Plaintiffs are holding legal and beneficial interests in their Cayo Costa business and

property, riparian Lot 15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See

Section 1961(3). Plaintiffs demand recovery for both tangible and intangible property

46
 losses, business interruptions, and other losses as a direct and proximate result of Defendant

Steele’s extortion, racketeering, and obstruction of justice.

18 U.S.C. § 1962 VIOLATIONS

183. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant John E.

Steele’s Section 1962 violations, which proximately and directly resulted from the publicly

recorded commissions of the predicate acts such as, e.g., extortion, retaliation, fraud, fraud

on the State and Federal Courts, fraudulent concealment of facially forged “land parcels”

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake “writ of

execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

184. Defendant Steele acquired control and conspired with other Officials to acquire control

of Plaintiffs’ Lee County property and business through, e.g., organized crime such as, e.g.:

a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

d. Profiteering from extra-judicial crimes and bribes.

FOR BRIBES DEF. STEELE FRAUDULENTLY CONCEALED BINDING PRECEDENT

185. In exchange for bribes, Defendant Racketeer Steele concealed and conspired with other

Officials and U.S. Circuit & District Judges to conceal binding precedent:

47
 WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490

(11th Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959)

DEFENDANT STEELE’S SECTION 1962(B) LIABILITY

186. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Steele has been collecting an unlawful

debt to acquire and maintain an illegal interest in and control of the prima facie illicit “park”

enterprise in the private, undedicated, residential “Cayo Costa” Subdivision as platted in

1912, PB 3 PG 25. Plaintiffs’ injuries flowed directly from Defendant Steele’s and other

Officials’ maintenance and acquisition of control of the “park”, entertainment, and

recreation enterprise, and acquisition and/or maintenance of control of falsified “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” with an area of

Hundreds of Acres along the “Gulf of Mexico” and “Charlotte Harbor”, PB 3 PG 25.

187. Section 1962(B) provides that:

“It shall be unlawful for any person through a pattern of racketeering activity or
through collection of an unlawful debt to acquire or maintain, directly or indirectly,
any interest in or control of any enterprise which is engaged in, or the activities of
which affect, interstate or foreign commerce.”

DEFENDANT STEELE’S SECTION 1962(C) LIABILITY & “ASSOCIATION”

188. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Steele has been collecting an unlawful

debt and participated in the conduct and affairs of said Government enterprise. Plaintiffs’

injuries flowed directly from Defendant Steele’s and other Officials’ participation in said

record Government “land parcel” extortion and fraud scheme, ## “12-44-20-01-

48
 00000.00A0” and “07-44-21-01-00001.0000”, and the participation in Government fraud

and extortion schemes of “frivolity” and “vexatiousness”.

189. Section 1962(c) provides that:

“It shall be unlawful for any person employed by or associated with any enterprise
engaged in, or the activities of which affect, interstate or foreign commerce, to
conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs
through a pattern of racketeering activity or collection of unlawful debt.”

190. The Plaintiffs proved

1. The existence of Defendant(s)’ entertainment and recreational enterprise affecting

interstate commerce;

2. That the Defendants were associated with the “State Park and Recreation”

enterprise;

3. That Defendant participated, either directly or indirectly, in the conduct or the

affairs of said entertainment enterprise; and

4. That Defendants participated through a pattern of racketeering activity, which

included the allegation of at least two racketeering acts such as, e.g., extortion,

bribery, obstruction of justice, and retaliation.

191. As a Judge presiding over Defendants’ prima facie fraudulent defenses, claims,

falsifications, and forgeries, Defendant Steele had a very meaningful connection between the

enterprise and the racketeering and extortion of land and money for the enterprise under

color of office and authority.

DEFENDANT STEELE’S SECTION 1962(A) LIABILITY & DERIVED INCOME

192. Under color of prima facie falsified “law”, “legislative act”, “regulation”, “resolution

569/875”, “O.R. 569/875”, a falsified “writ of execution”, unrecorded fake “judgment in the

purported amount of $5,048.60”, official right, and a facially forged and non-authentic “writ

49
 of execution”, Defendant J. E. Steele received bribes and income derived from a pattern of

racketeering and/or through collection of an unlawful debt in which Defendant Steele

participated as presiding Judge and principal. See Case No. 2:2007-cv-00228, Doc. ## 434,

432, 424, 422, 338, 288, 282, 87, 5. Section 1962(A) provides that:

“It shall be unlawful for any person who has received any income derived, directly or
indirectly, from a pattern of racketeering activity or through collection of an
unlawful debt in which such person has participated as a principal, to use or invest,
directly or indirectly, any part of such income, or the proceeds of such income, in
acquisition of any interest in, or the establishment or operation of, any enterprise
which is engaged in, or the activities of which affect, interstate or foreign commerce
…”
193. Plaintiffs demand relief for their injuries by reason of the investment and use of the

racketeering income from unlawful use of the private undedicated residential “Cayo Costa”

Subdivision and its private implied easements. Defendants and Steele have derived income

from people from all over the world, who unlawfully use the private implied easements and

Subdivision lands as conveyed in reference to said PB 3 PG 25 (1912).

194. Defendant Steele played a central Government role and participated in the

Government operation by extorting land and money for the enterprise.

195. With corrupt intent to obtain illegal benefits at Plaintiffs’ expense and injury, Steele

falsified documents for the Government enterprise under color of office. Steele knew that it

would be extremely difficult to eradicate public corruption, and that he would most likely

“get away with the proverbial murder” and “racketeering”.

196. Because the “park and recreation” enterprise was a Government enterprise, Defendant

Steele was empowered to play a central role of obstructing, delaying, and preventing the

communication of crime and felony information.

DEFENDANT STEELE’S SECTION 1962(D) LIABILITY & CONSPIRACY

197. Defendant Steele conspired to violate all subsections. Section 1962(D) provides that:

50
 “It shall be unlawful for any person to conspire to violate any of the provisions of
subsection (a), (b), or (c) of this section.”

198. The alleged violations, or "predicate acts", included violations of 18 U.S.C. § 1341,

relating to mail fraud. 18 USC Section 1341 provides that

"whoever, having devised . . . any scheme or artifice to defraud. . . for the purpose
of executing such scheme or artifice . . . places in any post office or authorized
depository for mail matter, any matter or thing whatever to be sent or delivered by the
Postal Service . . . shall be fined . . . or imprisoned . . .."

199. The Plaintiffs proved

a. The existence of a plan or scheme to defraud [fake “O.R. 569/875; fake “writ” …]
b. That it was foreseeable that the defendant's scheme would cause the mails to be used;
c. That the use of the mails was for the purpose of carrying out the fraudulent scheme.

It was unnecessary to show that Defendant Steele’s mailings contained a misrepresentation

unlike common law fraud.

RECORDED SCHEME TO DEFRAUD AND DELIBERATELY DEPRIVE

200. As a matter of public record, Def. Steele’s scheme to defraud included, e.g.:

a. Prima facie idiotic fabrication of a “legislative act” [“O.R. 569/875”];

b. Prima facie idiotic fabrication of involuntary alienation by “law”;

c. Prima facie idiotic fabrication of a “writ of execution” absent any recorded judgment;

d. Removal of Plaintiffs’ State action to U.S. Court and destruction of official records;

e. Prevention of Plaintiffs’ communications about Def. Steele’s and other Defendants’

commission of felonies, extortion, obstruction of justice, and retaliation.

BRIBERY

201. In exchange for bribes, Defendant John E. Steele deliberately deprived the Plaintiff

corruption victims of their express fundamental rights under the Florida and Federal

Constitutions. Defendant Steele perverted the express fundamental rights to be free of

51
 Government corruption, oppression, fraudulent seizure of property, to own property, exclude

Government, redress Government grievances, and defend against public corruption and

Government crimes.

FRAUDULENT CONCEALMENT OF LACK OF RECORD

202. Crooked Steele knew and fraudulently concealed that

a. No judgment pertaining to the non-existent “Rule 38 motion” existed;

b. No “Rule 38 motion” by Def. Forger Wilkinson could be found in the official records of

the U.S. Court of Appeals for the 11th Circuit;

c. No lawful and legitimate “writ of execution” was “issued”;

d. No mandated “July 2009 judgment” in the amount of “$5,048.60” had ever existed and/or

been received by the District Clerk.

CONSPIRACY TO CONCEAL AND COVER UP

203. For bribes, Defendant Crooked Steele conspired with other Defendants and Officials to

conceal Def. Crooked Appraiser Wilkinson’s prima facie record forgeries of “land parcels”

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” and cover up for, e.g.,

Defendant Wilkinson and other Government Officials and Defendants. See Doc. ## 87, 338,

422; Case No. 2:2007-cv-00228.

FRAUDULENT CONCEALMENT

204. Corrupt Steele knew and fraudulently concealed that on the record Defendant Forger

Wilkinson had forged “land parcels”, which Def. Steele could not locate on the 1912 “Cayo

Costa” Subdivision Plat recorded in Lee County Plat Book 3, Page 25.

52
 CONSPIRACY TO FABRICATE “RULE 38 MOTION”

205. Def. Corrupt Steele conspired with other Officials to fabricate a “Rule 38 Motion”,

which Defendant “land parcel” Forger K. M. Wilkinson had never signed and/or filed.

FRAUDULENT CONCEALMENT OF FALSIFIED “motions” AND “orders”

206. Defendant Crooked Steele knew and fraudulently concealed that Def. S. F. Birch had

falsified “motions” and “orders”; e.g., on 03/05/09, Def. Birch had falsified a motion for

sanctions for Busse’s pursuit of a frivolous appeal, Doc. # 386-4, Case No. 2:2007-cv-00228.

207. Corrupt Steele knew and concealed that the fraudulently pretended “grant” of a non-

existent “motion” was a fraud and extortion scheme on the public record.

FALSIFICATIONS OF RECORD AND NON-EXISTENT “$5,048.60 JUDGMENT”

208. Steele falsified the record and fraudulently pretended a “judgment” even though no

“judgment” in the amount of “$5,048.60” had ever existed on the Docket of Case No. 2:2007-

cv-00228, or could have possibly become a lien on Plaintiffs’ property.

FABRICATIONS OF “FRIVOLITY” FOR ILLEGAL PURPOSES

209. Defendant Steele knew and fraudulently concealed that Def. “land parcel” Forger

Wilkinson had never filed any motion for sanctions for a frivolous appeal, Fed.R.Civ.P. 38.

Defendant Corrupt Steele concealed that any time to file the non-existent “Rule 38 motion”

had expired on 08/08/2009. See 11th Cir. R. 38-1 and Dockets.

210. Def. Steele fabricated “frivolity” for criminal and unlawful purposes of “punishing” the

Plaintiffs and coercing them to refrain from prosecuting Government Officials and

Defendants and extorting fees and Plaintiffs’ property.

53
 DEFENDANT STANLEY F. BIRCH (JR.)

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

211. The Plaintiff public corruption victims are suing Defendant Corrupt U.S. Circuit Judge

Stanley F. Birch, Jr., in his private individual capacity and official capacity. Defendant

Birch’s criminal and unlawful acts on record were outside any immunity and official capacity.

FABRICATIONS OF “RULE 38 MOTION”

212. Defendant Crooked Judge Birch fabricated a “Rule 38 Motion” by Defendant Forger K.

M. Wilkinson. No “Rule 38 motion” by Def. Forger Wilkinson could be found in the official

records of the U.S. Court of Appeals for the 11th Circuit.

CONSPIRACY TO FABRICATE “RULE 38 MOTION”

213. Def. Corrupt Birch conspired with other Officials to fabricate a “Rule 38 Motion”,

which Defendant Forger K. M. Wilkinson had never signed and/or filed.

FALSIFICATIONS OF “ORDERS”

214. Crooked Birch falsified “motions” and “orders”. E.g., on 03/05/09, Corrupt Birch

falsified a motion for sanctions for Busse’s pursuit of a frivolous appeal, Doc. # 386-4, Case

No. 2:2007-cv-00228.

215. Corrupt Birch knew that the fraudulently pretended “grant” of a non-existent “motion”

was a fraud and extortion scheme on the public record.

216. Defendant Birch knew and fraudulently concealed that Def. Forger Wilkinson had never

filed any motion for sanctions for a frivolous appeal, Fed.R.Civ.P. 38. Defendant Corrupt

Birch concealed that any time to file the non-existent “Rule 38 motion” had expired on

08/08/2009. See 11th Cir. R. 38-1 and Dockets.

54
 CONSPIRACY TO EXTORT

217. Crooked Birch conspired with other Defendants and Officials to extort fees and

Plaintiffs’ property under fraudulent pretenses of a fictitious “Rule 38 Motion”, which Def.

Birch knew had never existed.

CAUSING DEFENDANT CIRCUIT CLERK OF COURT TO FALSIFY ENTRIES

218. Def. Crooked Birch caused the Defendant Clerk of the U.S. Circuit Court to falsify an

“entry” of a “Rule 38 motion”, which had never existed or been filed and signed by

Defendant Appellee “land parcel” Forger K. M. Wilkinson.

CONSPIRACY TO CAUSE DEF. CIRCUIT CLERK TO FALSIFY DOCKET

219. Defendant Crooked Circuit Judge Birch conspired with other Judges, Defendants,

judicial panelists, and Officials to falsify docket entries and in particular, falsify a “Rule 38

motion” “entry”.

RECORD FRAUD AND EXTORTION

220. Defendant Birch knew and fraudulently concealed that Def. Forger Wilkinson had

never submitted and/or filed any “bill of costs” for “attorney’s fees” or “costs” in the amount

of “$5,000.00”.

DECEPTION & TRICKERY

221. Def. Corrupt Judge Birch deceived the 11th Circuit about the record lack of any “costs”

in the amount of “$5,000.00” and arbitrarily and capriciously fabricated “$5,000.00” in a

publicly recorded conspiracy to extort fees and Plaintiff whistleblowers’ property.

55
 CONSPIRACY TO RETALIATE AGAINST PLAINTIFF CORRUPTION VICTIMS

222. Defendant Birch conspired with other Defendants and Officials to retaliate against the

Plaintiffs under color of “frivolity” and a fictitious “Rule 38 motion” for criminal purposes of

extorting fees and property from the Plaintiffs.

CONSPIRACY TO COERCE THE PLAINTIFF RECORD OWNERS

223. Defendant Birch conspired with other Defendants and Officials to coerce the Plaintiffs

to refrain from prosecuting and communicating the commission of publicly recorded

Government crimes under color of “frivolity” and a fictitious “Rule 38 motion” for criminal

purposes of extorting fees and property.

DEFENDANT SHERI POLSTER CHAPPELL

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLEGAL ACTS

224. The Plaintiff public corruption and extortion victims are suing Defendant corrupt Sheri

Polster Chappell (“Chappell”) in her private individual capacity and official capacity as

U.S. Magistrate Judge. Defendant Chappell’s criminal and unlawful acts on record were

outside any immunity and official capacity.

OBSTRUCTION OF JUSTICE AND COMMUNICATIONS OF CRIME INFORMATION

225. Maliciously, Defendant Chappell obstructed and prevented Plaintiffs’ communications

of crime information relating to the recorded commission of felonies by, e.g., Defendant

Forger K. M. Wilkinson, and Defendant Attorneys Jack N. Peterson and Sherri L. Johnson.

ALTERATION, DESTRUCTION, AND CONCEALMENT OF PUBLIC RECORDS

226. With corrupt intent to obtain a benefit, Defendant Corrupt Chappell illegally altered,

destroyed and/or concealed public records. In particular, Chappell practiced the record

56
 policy and custom of having Plaintiffs’ pleadings disappear from the Docket after they had

been filed.

FALSIFICATIONS OF “lien”

227. With corrupt intent to obtain unlawful benefits, Defendant Crooked Chappell falsified a

“lien” in the record absence of any mandated “judgment” “received” by this Court in Case

No. 2:2007-cv-00228. Because of the lack of any recorded “judgment”, nothing could have

possibly become a “lien”. See § 55.10, Fla. Stat.

FALSIFICATION OF “ORDERS”

228. Crooked Chappell falsified “motions” and “orders”. E.g., on 02/01/10, Corrupt Chappell

falsified a “motion for sanctions for Busse’s pursuit of a frivolous appeal”, Doc. # 424, Case

No. 2:2007-cv-00228. Defendant Whore Chappell knew and fraudulently concealed that Def.

Forger Wilkinson had never filed any “motion for sanctions for a frivolous appeal”,

Fed.R.Civ.P. 38. Corrupt Chappell concealed that any time to file the non-existent “Rule 38

motion” had expired on 08/08/2009. See 11th Cir. R. 38-1 and Dockets.

CAUSING OTHERS TO FALSIFY OFFICIAL DOCUMENTS

229. On or around 02/01/10, Def. Corrupt Chappell caused the Co-Defendant Clerk of this

Court to falsify an official document and “issue” a facially fraudulent “writ of execution”,

Doc. # 424, p. 2, Case No. 2:2007-cv-00228. In said bogus “order”, Def. Chappell brazenly

falsified:

“The motion was referred to this Court by the District Court on January 26, 2009.”

INTIMIDATION, HARASSMENT, AND OBSTRUCTION OF ADJUDICATION

230. Def. Forger Wilkinson’s forgeries of “land parcels”, which neither Corrupt Chappell

nor anyone else could possibly find on the 1912 “Cayo Costa” Plat of Survey, PB 3 PG 25,

57
 were fully supported by the law. Whore Chappell’s “order”, Doc.# 424, was without any

“legal merit” and for record improper purposes such as, e.g., to harass, intimidate, and

threaten the Plaintiffs and to cause unnecessary delay and needlessly increase the cost of

litigation.

CONSPIRACY TO OBSTRUCT JUSTICE & PERPETRATE FRAUD ON COURT

231. Any “Rule 27-4 motion” would have had to appear on the official Docket but never did.

Any “Rule 27-4 motion” would have required the following but never did:

“(2) Contents of a Motion.

(A) Grounds and relief sought. A motion must state with particularity the grounds

for the motion, the relief sought, and the legal argument necessary to support it.

(B) Accompanying documents.

(i) Any affidavit or other paper necessary to support a motion must be served and

filed with the motion.

(ii) An affidavit must contain only factual information, not legal argument.

(iii) A motion seeking substantive relief must include a copy of the trial court’s

opinion or agency’s decision as a separate exhibit.”

232. Crooked Chappell concealed that Def. Forger and Racketeer Wilkinson

a. Never “stated” any “grounds” and “legal argument necessary”;

b. Forged, e.g., “land parcels”, maps;

c. Falsified “real property data” to extort property worth Hundreds of Millions of Dollars

in 2007.

58
 CONSPIRACY TO COERCE & EXTORT

233. Corrupt Chappell conspired with Defendant Forger Wilkinson to expressly

“discourage” and coerce Plaintiffs to refrain from prosecuting and communicating the

commission of felonies by Government Officials and to extort:

“5. In order to discourage the Appellant from engaging in the same practices in this
Court, the Appellee would respectfully request that this Court require the Appellant to
pay a monetary penalty into the Court for filing his frivolous motion to strike.” See
Case No. 2:2007-cv-00228, Doc. # 386-2, p. 2.

FRAUDULENT CONCEALMENT OF PAID “$24.30” JUDGMENT

234. Corrupt Chappell fraudulently concealed the paid “$24.30” “judgment” “issued as

mandate on 06/11/2009” in Case No. 2:2007-cv-00228, Fed.R.App.P. 39.

FRAUDULENT MISREPRESENTATION OF “BILL OF COST”

235. Corrupt Chappell concealed that Defendant Forger Wilkinson had never, and could have

never possibly filed any “$5,000” “bill of cost” and “Rule 38 motion”. Corrupt Chappell

concealed that any time to file the non-existent “Rule 38 motion” had expired on

08/08/2009. See certified Dockets and 11th Cir. R. 38-1.

236. Crooked Chappell concocted a “Rule 38 motion” for criminal and illicit purposes of

extorting fees and property from the Plaintiff corruption victims and whistleblowers.

FRAUDULENT CONCEALMENT OF WILKINSON’S FORGED “LAND PARCELS”

237. Recklessly, Defendant Chappell concealed Defendant Forger K. M. Wilkinson’s facially

forged “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”.

COVER UP FOR DEFENDANT FORGER WILKINSON

238. In exchange for bribes, Defendant Whore Chappell covered up for Co-Defendant

Forger Kenneth M. Wilkinson under fraudulent pretenses of, e.g., purported “frivolity” and

“Fed.R.Civ.P. 11 violations”.

59
239. On, e.g., 11/07/2007, Corrupt Chappell obstructed Plaintiff(s)’ communications of

conclusive proof of the commission of felonies by the Defendant in Chappell’s own Court.

The Transcript of said 11/07/2007 Court Hearing conclusively proved public corruption

and Chappell’s criminal and illegal concealment of public corruption information under

oath.

CONSPIRACY TO CONCEAL RECORD FALSIFICATIONS

240. With corrupt intent to receive illegal benefits, Defendant Corrupt Chappell conspired

with other Officials and Defendants to conceal the record forgeries of said fake “land

parcels”. Chappell knew that Defendant Forger Wilkinson’s forged “land parcels” could

not be found on the 1912 “Cayo Costa” Subdivision Plat of Survey in Lee County Plat Book

3 Page 25.

BRIBERY

241. Defendant Crooked Chappell accepted Defendants’ bribes, and in exchange, fixed

Plaintiffs’ Cases under fraudulent pretenses of, e.g., lack of jurisdiction even though

Chappell knew that the U.S. Courts had jurisdiction over any and all claims against the U.S.

Agents and Defendants.

242. For bribes, corrupt Chappell fabricated that Plaintiffs’ conclusively proven allegations

of said forgeries were purportedly “frivolous”, covered up for Defendant corrupt Officials,

and concealed their record crimes.

FALSIFICATION OF “writ of execution”

243. With corrupt intent to obtain unlawful benefits for Government Officials, Defendant

Crooked Chappell falsified a “writ of execution” and/or “judgment” for illegal purposes of

extorting money and property from the Plaintiffs.

60
 FALSIFICATION OF “regulation”

244. With corrupt intent to obtain illegal benefits for Government Officials, Defendant

Crooked Chappell falsified a “regulation” and/or “law” for criminal and illegal purposes of

extorting fees and property from the Plaintiffs.

FALSIFICATION OF “Rule 38 motion”

245. Defendant Crooked Chappell falsified a “Rule 38 motion”, which she knew Defendant

Forger K. M. Wilkinson had never filed in the 11th Circuit.

EXTORTION

246. In exchange for bribes, Defendant Chappell extorted fees, money, and property from the

Plaintiff corruption victims.

MISUSE OF PUBLIC OFFICE, CONCEALMENT, AND COVER UP

247. In exchange for bribes, Defendant Whore Chappell obstructed, delayed, and prevented

the communications of judicial and Government corruption information relating to the

commission of felonies by, e.g., U.S. Agents J. E. Steele, S. Polster Chappell, M. A. Pizzo,

R. A. Lazzara, and Def. record Forger of “land parcels” K. M. Wilkinson, and Crooked

Attorney Jack N. Peterson, § 838.022 (1)(c), Fla. Stat.

PROSECUTION UNDER CIVIL RICO

248. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Chappell perpetrated record RICO

predicate acts such as, e.g., extortion, obstruction of justice, and retaliation.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

249. Defendant Crooked Chappell injured the Plaintiff record property and business owners

by reasons of publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs

61
 are holding legal and beneficial interests in their Cayo Costa business and property, riparian

Lot 15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3).

Plaintiffs demand recovery for both tangible and intangible property losses, business

interruptions, and other losses as a direct and proximate result of Defendant Chappell’s

extortion, racketeering, and obstruction of justice and court access.

18 U.S.C. § 1962 VIOLATIONS

250. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant

Chappell’s Section 1962 violations, which proximately and directly resulted from the

publicly recorded commissions of the predicate acts such as, e.g., extortion, retaliation,

fraud, fraud on the State and Federal Courts, fraudulent concealment of facially forged “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake

“writ of execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5; see Transcript of November 2007 Court Hearing during which Def.

Chappell concealed Wilkinson’s falsified “land parcels”.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

251. Defendant Chappell acquired control and conspired with other Officials to acquire

control of Plaintiffs’ Lee County property and business through, e.g., organized crime such

as, e.g.:

a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

62
 d. Profiteering from extra-judicial crimes and bribes.

FOR BRIBES CHAPPELL FRAUDULENTLY CONCEALED BINDING PRECEDENT

252. In exchange for bribes, Defendant Racketeer Chappell concealed and conspired with

other Officials and U.S. Circuit & District Judges to conceal binding precedent:

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490

(11th Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959)

DEFENDANT CHAPPELL’S SECTION 1962(B) LIABILITY

253. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Chappell has been collecting an

unlawful debt to acquire and maintain an illegal interest in and control of the prima facie

illicit “park” enterprise in the private, undedicated, residential “Cayo Costa” Subdivision

as platted in 1912, PB 3 PG 25. Plaintiffs’ injuries flowed directly from Defendant

Chappell’s and other Officials’ maintenance and acquisition of control of the “park”,

entertainment, and recreation enterprise, and acquisition and/or maintenance of control of

falsified “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” with an

area of Hundreds of Acres along the “Gulf of Mexico” and “Charlotte Harbor”, PB 3 PG 25.

254. Section 1962(B) provides that:

“It shall be unlawful for any person through a pattern of racketeering activity or
through collection of an unlawful debt to acquire or maintain, directly or indirectly,
any interest in or control of any enterprise which is engaged in, or the activities of
which affect, interstate or foreign commerce.”

DEFENDANT CHAPPELL’S SECTION 1962(C) LIABILITY & “ASSOCIATION”

255. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

63
 “O.R. 569/875”, falsified “land parcels”, Defendant Chappell has been collecting an

unlawful debt and participated in the conduct and affairs of said Government enterprise.

Plaintiffs’ injuries flowed directly from Defendant Chappell’s and other Officials’

participation in said record Government “land parcel” extortion and fraud scheme, ##

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”, and the participation in

Government fraud and extortion schemes of “frivolity” and “vexatiousness”.

256. Section 1962(c) provides that:

“It shall be unlawful for any person employed by or associated with any enterprise
engaged in, or the activities of which affect, interstate or foreign commerce, to
conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs
through a pattern of racketeering activity or collection of unlawful debt.”

257. The Plaintiffs proved

1. The existence of Defendant(s)’ Government fee, entertainment and recreational

enterprise affecting interstate commerce;
2. That the Defendants were associated with the “State Recreation” and Government
fee and money extortion enterprise;
3. That Defendant participated, either directly or indirectly, in the conduct or the
affairs of said entertainment enterprise; and
4. That Defendants participated through a pattern of racketeering activity, which
included the allegation of at least two racketeering acts such as, e.g., extortion,
bribery, obstruction of justice, and retaliation.

258. As a Magistrate presiding over Defendants’ prima facie fraudulent defenses, claims,

falsifications, and forgeries, Defendant Chappell had a very meaningful connection between

the illegal enterprise and the racketeering and extortion of land, fees, and money for the

enterprise under color of office and authority.

DEFENDANT BEVERLY B. MARTIN

RECORD LACK OF IMMUNITY - PERPETRATION OF UNLAWFUL ACTS

259. The Plaintiff public corruption victims are suing Defendant Beverly B. Martin (“Martin”)

in her private individual capacity and official capacity as U.S. Circuit Judge. Defendant

64
 Martin’s unlawful and criminal acts on record were outside any immunity and official

capacity.

FELONIES OUTSIDE ANY “official” CAPACITY

260. Under color of undocketed and/or falsified Cases ## 2010-10963 and 2010-10967, Def.

Martin falsified official records and documents and caused others to falsify for criminal and

illegal purposes of extorting money and property under fraudulent pretenses of “frivolity”.

261. Def. Martin knew and concealed that the only paid judgment of record had been in the

amount of $24.30. When the Plaintiffs conclusively proved the prima facie criminality,

illegality, and nullity of a falsified “$5,048.60 judgment”, which could nowhere be found,

Case No. 2:2007-cv-00228, Def. Martin retaliated with further case fixing on “Jul 19 2010”.

COERCION, EXTORTION UNDER FALSE PRETENSES, AND COVER-UP

262. Def. Martin coerced the Plaintiff corruption victims to refrain from redressing their

grievances of a facially falsified and un-recorded “$5,048.60 judgment”, fake “writ of

execution”, Doc. # 425, and forged “land parcels”. No court had ever reviewed the record

forgeries of said fake “land parcels”, and Def. Martin conspired with other Offenders to

keep it that way and keep Plaintiffs out of Court. Just like a Government whore, Def. Martin

procured her order through brazen fraud on the Court, Fla.R.Civ.P. 1.540; see also 1.550.

CONTEMPT OF FLORIDA LAW, CHAPTERS 55, 56, 71, 73, 74, 95, 712, FLA. STAT.

263. Def. Martin concealed that here nothing could have possibly become a lien on Plaintiffs’

property under Ch. 55, 56, 71, Fla. Stat.

MARTIN’S KNOWLEDGE OF CRIMES AND UNLAWFUL ACTS

264. Defendant Corrupt Martin had knowledge of the actual commission of felonies such as,

e.g., the falsifications of

65
 a. a “$5,048.60 judgment”;

b. an appeal [see Case ## 2010-10967, and/or 2010-10963];

c. a “writ of execution” [Case No. 2:2007-cv-00228, Doc. # 425];

d. “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”;

e. a “regulation”, “resolution 569/875”, “legislative act”, and/or “O.R. 569/875”.

However, Def. Martin concealed and conspired to conceal said record falsifications. Here

even though Def. Martin had knowledge of, e.g., judicial Co-Defendant Polster Chappell’s,

Steele’s, Pizzo’s, and Lazzara’s obstruction of justice and fraudulent concealment of

facially forged “land parcels”, a falsified “writ of execution”, falsified “$5,048.60

judgment”, Corrupt Martin did not make the same known to some judge or person in

authority, but covered up for said Offenders in exchange for bribes, 18 U.S.C. §§ 3, 4.

ACCESSORY AFTER THE FACT

265. Defendant Crook Martin knew that Defendant principal Offenders Steele, Chappell,

Pizzo, and Lazzara had committed record offenses and assisted said Offenders, 18 U.S.C. §§

3, 4. In particular, Martin assisted said Offenders with a facially fraudulent “writ of

execution” and the falsification and/or destruction of official records.

DELIBERATE DEPRIVATIONS UNDER COLOR OF FAKE “writ” AND “resolution”

266. Defendant Martin deliberately deprived the Plaintiffs, e.g., under color of a fake “writ

of execution”, “resolution 569/875”, and “frivolous appeal”, 18 U.S.C. §§ 241, 242.

RECORD RETALIATION UNDER COLOR OF WRIT OF EXECUTION & SANCTIONS

267. With the intent to retaliate, Corrupt Martin knowingly took actions harmful to the

Plaintiff public corruption victims, which included interference with Plaintiffs’ livelihood

and record land ownership, because the Plaintiff landowners had provided truthful

66
 information relating to the commission of Federal offenses to law enforcement, 18 U.S.C. §§

1513.

EXTORTION ASSISTANCE UNDER COLOR OF “FRIVOLOUS APPEAL”

268. Knowingly, Def. Martin assisted the extortion of Plaintiffs’ property and/or threatened

to do so, with corrupt intent to retaliate against the Plaintiffs because the Plaintiffs had

blown the whistle on public corruption; in particular, because the Plaintiffs had produced

records and testimony conclusively evidencing Government corruption and fraud, and

information about the commission of Federal offenses by Government Officials. Here,

Plaintiff Government crime and corruption victims had the right to be reasonably protected

from the Government Offenders and Judges of record, 18 U.S.C. § 3771.

CONSPIRACY TO OBSTRUCT JUSTICE AND COURT ACCESS

269. Def. Martin conspired with other Defendants and Officials to “restrict Appellant’s ability

to pursue future appeals” for, e.g., criminal and unlawful purposes of concealing:

a. Facially forged “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-

00001.0000”;

b. Falsification of [a recorded “$24.30 judgment” into] an un-recorded“$5,048.60”-

extortion-and-execution scheme;

c. Falsification of a “writ of execution” in the absence of a recorded “$5,048.60”

“judgment”;

d. Destruction and falsification of official Court records.

67
 EXACTION OF MONEY BY THREAT OF, E.G., ARREST AND CIVIL CONTEMPT

270. Def. Martin conspired to exact money from Plaintiffs under color of, e.g., “frivolous

appeal” even though Martin knew that no legal basis for and justification of “frivolity” had

ever or could have possibly ever existed.

CONSPIRACY TO ASSIST EXTORTION AND BLACKMAIL

271. In particular, Def. Martin conspired and assisted to extort $5,048.60 and property in the

absence of any recorded authentic judgment and justification. Martin caused other

Government Officials to falsify, alter, and destroy official records for criminal and illegal

purposes of concealing other Defendant Officials’ extortion, coercion, obstruction of

justice and other crimes of record.

272. Def. Martin made unlawful communications and threatened Plaintiff public corruption

whistleblowers with obstruction of court access and deliberate deprivations of Plaintiffs’

express fundamental rights to redress Government grievances, own property, and exclude

Governments.

MISCONDUCT AND EXTENSION OF RECORD CRIMES AND FALSIFIED “WRIT”

273. Under prima facie fraudulent pretenses of “frivolous appeal”, Def. Martin recklessly

extended the record Government crimes, and FIXED and “DISMISSED AS

FRIVOLOUS”. Def. Martin assisted and conspired the reckless perversion and

falsification of a recorded “Judgment” and “Bill of Costs” in the amount of $24.30 “issued as

mandate on 06/11/2009” for criminal and illegal purposes of extortion, coercion, and

retaliation against the Plaintiff corruption whistle blowers. In order for the record fraud

under said fake “land parcels” to continue and for illegal purposes of silencing the Plaintiff

68
 landowners, Def. Martin “SUSPENDED” and perverted the Rules and caused the Clerk to

“discard” more documents.

FALSIFICATION OF APPEAL NUMBERS

274. The payment records regarding Plaintiffs’ multiple appeals conclusively proved the

falsifications and fabrications of “Appeal Number 10-10963 and/or 10-10967”. See U.S.

District Court payment records and receipts. The U.S. Clerk refused to certify and

authenticate the payment record. See Fed.R.Civ.P. 44.

275. Def. Martin pulled “frivolity” out of her ass without any explanation and/or justification

whatsoever. Review of the recorded judgment patently clearly evidenced that the District and

Circuit had fabricated “lack of jurisdiction” for illegal purposes of concealment and cover-

up. Plaintiffs were entitled to defend their unimpeachable, unencumbered, and marketable

record title against Government extortion and fraud, which of course had invoked Federal

jurisdiction directly under the express guarantees of the Federal and Florida Constitutions.

276. Here with wanton disregard for the law, and including Fla.R.Civ.P. 1.540, 1.550, Ch.

55, 56, 71, 73, 74, 95, 712, Fla. Stat., Def. Martin conspired to oppress Plaintiffs with prima

facie non-existent and/or illegal orders, judgments, and/or mandates…

PROSECUTION UNDER CIVIL RICO

277. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Martin perpetrated record RICO predicate

acts such as, e.g., extortion, obstruction of justice, and retaliation.

278. Defendant Martin knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-4”,

Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

69
 “In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same
practices [of having conclusively proven and exposed Government extortion,
racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth
M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request
that this Court require the Appellant to pay a monetary penalty into the Court for
filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

279. Defendant Crooked Martin injured the Plaintiff record property and business owners by

reasons of publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs are

holding legal and beneficial interests in their Cayo Costa business and property, riparian Lot

15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3).

Plaintiffs demand recovery for both tangible and intangible property losses, business

interruptions, and other losses as a direct and proximate result of Defendant Martin’s

extortion, racketeering, and obstruction of justice.

280. In particular, Defendant Crooked Official Martin extorted money, fees, and property

under prima facie false pretenses of “frivolity” and “vexatiousness”, falsified “land

parcels”, and a “writ”, Doc. # 425, while fraudulently concealing that Lee County, FL, had

never owned and could not have possibly owned Plaintiffs’ Cayo Costa business and

property as a matter of law. See business records on file by eminent domain Attorneys at

Brigham Moore.

281. Said Defendant knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

70
 c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

d. No appellee had filed any “Rule 38 motion”;

e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

282. Said Defendant fraudulently concealed that

“(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment
shall be served not later than 10 days after entry of the judgment, except that this rule
does not affect the remedies in rule 1.540(b).”

See Doc. # 386-5, Case No. 2:2007-cv-00228.

18 U.S.C. § 1962 VIOLATIONS

283. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant

Martin’s Section 1962 violations, which proximately and directly resulted from the

publicly recorded commissions of the predicate acts such as, e.g., extortion, retaliation,

fraud, fraud on the State and Federal Courts, fraudulent concealment of facially forged “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake

“writ of execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

284. Defendant Martin acquired control and conspired with other Officials to acquire control

of Plaintiffs’ Lee County property and business through, e.g., organized crime such as, e.g.:

71
 a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

d. Profiteering from extra-judicial crimes and bribes.

FOR BRIBES DEFENDANT FRAUDULENTLY CONCEALED BINDING PRECEDENT

285. In exchange for bribes, Defendant Racketeer Martin concealed and conspired with other

Officials and U.S. Circuit & District Judges to conceal binding precedent:

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490

(11th Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959)

DEFENDANT MARTIN’S SECTION 1962(B) LIABILITY

286. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Martin has been collecting an unlawful

debt to acquire and maintain an illegal interest in and control of the prima facie illicit “park”

enterprise in the private, undedicated, residential “Cayo Costa” Subdivision as platted in

1912, PB 3 PG 25. Plaintiffs’ injuries flowed directly from Defendant Martin’s and other

Officials’ maintenance and acquisition of control of the “park”, entertainment, and

recreation enterprise, and acquisition and/or maintenance of control of falsified “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” with an area of

Hundreds of Acres along the “Gulf of Mexico” and “Charlotte Harbor”, PB 3 PG 25.

287. Section 1962(B) provides that:

“It shall be unlawful for any person through a pattern of racketeering activity or
through collection of an unlawful debt to acquire or maintain, directly or indirectly,

72
 any interest in or control of any enterprise which is engaged in, or the activities of
which affect, interstate or foreign commerce.”

DEFENDANT’S SECTION 1962(C) LIABILITY & “ASSOCIATION”

288. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Martin has been collecting an unlawful

debt and participated in the conduct and affairs of said Government enterprise. Plaintiffs’

injuries flowed directly from Defendant Martin’s and other Officials’ participation in said

record Government “land parcel” extortion and fraud scheme, ## “12-44-20-01-

00000.00A0” and “07-44-21-01-00001.0000”, and the participation in Government fraud

and extortion schemes of “frivolity” and “vexatiousness”.

289. Section 1962(c) provides that:

“It shall be unlawful for any person employed by or associated with any enterprise
engaged in, or the activities of which affect, interstate or foreign commerce, to
conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs
through a pattern of racketeering activity or collection of unlawful debt.”

290. The Plaintiffs proved

1. The existence of Defendant(s)’ entertainment and recreational enterprise affecting

interstate commerce;
2. That the Defendants were associated with the “State Park and Recreation”
enterprise;
3. That Defendant participated, either directly or indirectly, in the conduct or the
affairs of said entertainment enterprise; and
4. That Defendants participated through a pattern of racketeering activity, which
included the allegation of at least two racketeering acts such as, e.g., extortion,
bribery, obstruction of justice, and retaliation.

291. As a Judge presiding over Defendants’ prima facie fraudulent defenses, claims,

falsifications, and forgeries, Defendant Martin had a very meaningful connection between

the illegal enterprise and the racketeering and extortion of land, money, and fees for the

enterprise under color of, e.g., office and authority.

73
292. Defendant Martin extorted and concealed, and conspired to extort and conceal, that he

procedure on execution did not accord with the procedure of the State of Florida. See

Fed.R.Civ.P. 69. Defendant knew that Florida procedure required a recorded and certified

judgment, which here had never existed. The Court never had any authority to award

“$5,048.60”, and the judgment issued as mandate on 06/11/2009 in the amount of $24.30 had

been paid. The prima facie fraudulent “affidavit” by Defendant Racketeer JACK N.

PETERSON fraudulently pretended a “07/29/2009” “judgment”, Doc. # 432-2, Case No.

2:2007-cv-00228, which all Defendants knew, concealed, and conspired to conceal had

never existed. See also Ch. 55, 56, Florida Statutes.

DEFENDANT CHARLENE E. HONEYWELL

RECORD LACK OF IMMUNITY - PERPETRATION OF UNLAWFUL ACTS

293. The Plaintiff public corruption victims are suing Defendant corrupt U.S. District Judge

Charlene Edwards Honeywell (“Honeywell”), a female Afro-American Judge, in her private

individual capacity and official capacity. Defendant Honeywell’s unlawful and criminal acts

on record were outside any immunity and official capacity.

FELONIES OUTSIDE ANY “official” CAPACITY

294. Defendant Corrupt Honeywell had knowledge of the actual commission of felonies and

concealed them. Here even though Def. Honeywell had knowledge of, e.g., judicial Co-

Defendant Chappell’s, Steele’s, Pizzo’s, and Lazzara’s obstruction of justice and

fraudulent concealment of facially forged “land parcels”, a falsified “writ of execution”,

falsified “$5,048.60 judgment”, Corrupt Honeywell did not make the same known to some

judge or person in authority, but covered up for said Offenders in exchange for bribes, 18

U.S.C. §§ 3, 4.

74
 ACCESSORY AFTER THE FACT

295. Defendant Crook Honeywell knew that Defendant principal Offenders Steele, Chappell,

Pizzo, and Lazzara had committed record offenses and assisted said Offenders, 18 U.S.C. §§

3, 4. See, e.g., Case No. 2:2010-cv-00089, Doc. # 50, assistance with facially fraudulent

“writ of execution”; see Case No. 2:2009-cv-00791, Doc. ## 213, 236, assistance with record

forgeries.

DELIBERATE DEPRIVATIONS UNDER COLOR OF FAKE “writ” AND “resolution”

296. Defendant Government Whore deliberately deprived the Plaintiffs, e.g., under color of a

fake “writ of execution” and “resolution 569/875”, 18 U.S.C. §§ 241, 242.

RECORD RETALIATION UNDER COLOR OF WRIT OF EXECUTION & SANCTIONS

297. With the intent to retaliate, Corrupt Honeywell knowingly took actions harmful to the

Plaintiff public corruption victims, which included interference with Plaintiffs’ livelihood

and record land ownership, because the Plaintiff landowners had provided truthful

information relating to the commission of Federal offenses to law enforcement, 18 U.S.C. §§

1513.

298. Knowingly, Honeywell extorted Plaintiffs’ property and/or threatened to do so, with

corrupt intent to retaliate against the Plaintiffs because the Plaintiffs had blown the whistle

on public corruption; in particular, because the Plaintiffs had produced records and testimony

conclusively evidencing Government corruption and fraud, and information about the

commission of Federal offenses by Government Officials. Here, Plaintiff Government crime

and corruption victims had the right to be reasonably protected from the Government

Offenders and Judges of record, 18 U.S.C. § 3771.

75
 RECORD POLICY, CUSTOM, AND CULTURE OF CORRUPTION

299. Customarily, and over and over again, Honeywell coerced the Plaintiffs to refrain from

prosecuting and producing crime evidence. Idiotic lies and threats of “sanctions” have played

a central role in Honeywell’s record crimes and concealment. Just like Jews and

Government opponents in Nazi Germany, the Plaintiff Government crime victims are

running from the anarchy, extortion, and coercion in Honeywell’s court of perversions

where un-recorded and non-existent judgments can be perverted into a “lien on property”.

BLACKMAIL, EXTORTION, UNLAWFUL COMMUNICATIONS & THREATS

300. In retaliation and exchange for bribes, Defendant Crooked Judge Honeywell made

threatening demands without any justification under color of law, authority, and falsified

official records. In particular, Defendant Corrupt Judge threatened, e.g., “monetary

sanctions”, “civil contempt”, and/or arrest, merely because the Plaintiff public corruption

victims had exposed and blown the whistle on, e.g., Honeywell’s crimes, extortion,

coercion, and fraud on the Court.

EXACTION OF MONEY BY THREAT OF, E.G., ARREST AND CIVIL CONTEMPT

301. Honeywell exacted, threatened to exact, and/or conspired with other Officials and

Defendants to exact money from Plaintiffs by threat of “monetary sanctions”, “civil

contempt”, and/or arrest under color of, e.g., office and falsified official records. In

particular, Def. Honeywell conspired to extort $5,048.60” in the absence of any recorded

authentic judgment and justification. Honeywell caused other Government Officials to

falsify, alter, and destroy official records for criminal and illegal purposes of concealing

Honeywell’s extortion, coercion, obstruction of justice and other crimes of record.

76
 Honeywell made unlawful communications and threatened Plaintiff public corruption

whistleblowers. See, e.g., Case No. 2:2010-cv-00089, Doc. # 50, p. 3:

“Shortly thereafter, the writ was issued (2:07-CV-228, Dkt. 425).”

Defendant Government Whore Honeywell knew and fraudulently concealed that no “writ”

had ever been issued and/or could have possibly been issued, because, e.g., no recorded

“$5,048.60 judgment” had ever existed. For criminal & illegal purposes of, e.g., extorting

and obstructing justice, said Defendant falsely and idiotically pretended lack of

“authority” over record extortion under color of a falsified official record by U.S.

Defendants, Case No. 2:2010-00089, Doc. # 50, 07/14/10, p. 3:

“Because Case No. 2:07-CV-228 was assigned to Judge John Steele, this Court does
not have the authority to grant relief from the writ of execution.”

302. Just like a bungling Government idiot, Def. Honeywell contradicted herself in the next

paragraph, in which she cited “Fed. R. Civ. P. 60(b)”, Doc. # 50, pp. 3-4:

“A party may move for relief from a final judgment or order. Fed. R. Civ. P. 60(b).”

“As such, the matter is closed, except for the issue of sanctions.”

“Plaintiffs have given the Court more than enough grounds to impose sanctions for

their misconduct.”

MISCONDUCT AND EXTENSION OF RECORD CRIMES AND FALSIFIED “writ”

303. Def. Honeywell recklessly extended the record Government crimes and falsified “writ”,

Doc. # 425:

“To the extent that Plaintiffs request injunctive relief, the Motions will be denied.”

See Doc. # 50, p. 4.

304. Defendant Honeywell fraudulently concealed that sanctions were not any “issue” but

Honeywell’s record crimes and unlawful acts such as, e.g., extortion, concealment, and

77
 fraud were. In said organized cover-up, Defendant Honeywell concealed that there had

never been any “$5,048.60 judgment” of record and that no “judgment” of record had ever

even referenced any “frivolous appeal”.

305. Honeywell promoted the record culture and policy of corruption, anarchy,

lawlessness and perversion of law and facts. With corrupt intent to obtain illegal benefits,

Honeywell “incomprehensibly” and “disjointedly” copied and pasted together illegal

“orders” and judicial trash without ever addressing the complained about legal issues and

claims for relief.

RECKLESS DEPRIVATIONS AND OBSTRUCTION OF JUSTICE & COURT ACCESS

306. For criminal and illegal purposes of obstructing justice, extorting, coercing, and

concealing, Defendant Criminal Honeywell obstructed, and caused other Officials and

Defendants to obstruct, the filing of, e.g., Plaintiffs’ Notice of Appeal from “order”, Doc. #

213, Notice of Appeal from “order”, Doc. # 236, Case No. 2-2009-cv-00791:

“The Clerk is directed to terminate these motions.

3. The Clerk is further directed to no longer accept ANY filings from Plaintiffs
in this case because a judgment has been entered and Plaintiffs have filed a
notice of appeal as to the Court’s Order (Dkt. 213), and this case is CLOSED.
4. Finally, the Clerk is also directed to strike Published Public Notices from the
record (Dkt. 220, 221, 223, 225, 226, 229, 230, 232, 233, 234, 235).”

ILLEGAL DESTRUCTION AND MUTILATION OF OFFICIAL RECORDS

307. With corrupt intent to extort, blackmail, coerce, defraud, deprive, and obtain illegal

benefits, Defendant Corrupt Honeywell destroyed, mutilated, caused others to destroy and

mutilate, and conspired with, e.g., other Officials to destroy and mutilate official records,

Case No. 2:2009-cv-00791, Doc. # 236, 07/02/2010, p. 3:

“Plaintiffs have also filed several documents entitled “Published Public Notice” (Dkt.
220, 221, 223, 225, 226, 229, 230, 232, 233, 234, and 235). These documents do not
relate to any pending motion. Further, they are not motions which request affirmative
relief by the Court. They are immaterial to this case, which has been dismissed.

78
 Moreover, some of the documents contain scandalous materials. These notices
should, therefore, be stricken.” See Case No. 2:2009-cv-00791, Doc. # 236, pp. 2-3.

MISUSE OF PUBLIC OFFICE, CONCEALMENT, AND COVER UP

308. In exchange for bribes, Defendant Government Whore Honeywell obstructed, delayed,

and prevented the communication of judicial and Government corruption information

relating to the commission of felonies by, e.g., U.S. Agents J. E. Steele, S. Polster Chappell,

M. A. Pizzo, R. A. Lazzara, and Def. record Forger of “land parcels” K. M. Wilkinson, and

Crooked Attorney Jack N. Peterson, § 838.022 (1)(c), Fla. Stat.

DELIBERATE DERPRIVATIONS AND PERVERSIONS OF FUNDAMENTAL RIGHTS

309. U.S. Defendant Honeywell recklessly perverted express Florida and Federal

Constitutional guarantees of, e.g., the rights to due process, equal protection of the law, to

own property, exclude Governments from private property, redress Government grievances,

prosecute by jury trial, be free of Government corruption, extortion, coercion, oppression,

falsification of records, unlawful seizure of private property under fraudulent pretenses such

as, e.g.:

a. Idiotically and brazenly, Def. Whore Honeywell manufactured and conspired with

other Government Officials to pervert express Constitutional guarantees and concoct

that property rights are not fundamental rights;

b. Def. Honeywell concocted and conspired to concoct that Plaintiffs could not assert their

perfected “state claims” against U.S. Agents in U.S. Courts;

c. Def. Honeywell fabricated and conspired to fabricate that Defendant Forger of “land

parcels” Wilkinson had filed a non-existent “Rule 38 motion”. Here, Defendant

Honeywell falsified and caused others to falsify dockets, docket entries, and official

records. See § 838.022 (1)(a), Fla. Stat.;

79
 d. Def. Predator Honeywell concealed, covered up, and/or altered official records and

documents, § 838.022 (1)(b), Fla. Stat.;

e. With corrupt intent to obtain illegal benefits for Lee County Officials and to harm the

Plaintiff record landowners & corruption victims, Def. Honeywell maliciously fabricated

and conspired to fabricate a “regulation” by nameless, un-named, and non-existent

“legislators”. See § 838.022 (1), Fla. Stat.

OBSTRUCTION OF COURT ACCESS & FILING OF NOTICE OF APPEAL, DOC. 213

310. On or around 07/16/2010, Defendant Whore Honeywell prevented and conspired with

other Officials such as, e.g., Defendant Clerks Drew Heathcoat and Diane Nipper the filing

of Plaintiffs’ Notice of Appeal from Order, Doc. # 213 …, Case No. 2:2009-cv-00791, and

the communication of information relating to the commission of felonies in the U.S. District

Court, Fort Myers, Florida.

311. Recklessly, Honeywell’s illegal and felonious acts deprived the Plaintiffs of their rights

as stated in Doc. # 214, Case No. 2:2009-cv-00791.

“RULE 38/WRIT OF EXECUTION”-FRAUD-SCHEME, CONSPIRACY TO EXTORT

312. Pursuant to Fed.R.App.P. 39, costs may be taxed against the appellant, if a judgment is

affirmed. Defendant Whore Honeywell knew and concealed that the “costs allowed” and/or

taxed were “$24.30”, Case No. 2:2007-cv-00228, Doc. ## 365, p. 15; 386-3, p. 15. Def.

Honeywell concealed that no costs were ever allowed under purported “Rule 38”.

“FRIVOLOUS APPEAL”-FRAUD & EXTORTION-SCHEME

313. “FRAP 38, Frivolous Appeal - Damages and Costs” provides that

“if a court of appeals determines that an appeal is frivolous, it may, after a separately
filed motion or notice from the court and reasonable opportunity to respond, award
just damages and single or double costs to the appellee.”

80
314. Defendant Government Whore Honeywell knew and fraudulently concealed that pursuant

to 11th Cir. R. 38-1, Time for Filing Motions, Motions for damages and costs pursuant to

FRAP 38 must be filed no later than the filing of appellee’s brief. Here, Defendant Wilkinson

had tendered and/or filed his prima facie fraudulent brief on or around 08/08/2008. See

Appellate Case No. 2008-13170-BB, certified Docket sheet. Admittedly, Defendant

Wilkinson never filed any “Rule 38 motion” before 08/08/2008.

315. Admittedly, Defendant Wilkinson had never filed any Rule 38 motion. Rule 38 only

provided for damages and costs. Here, Defendant Wilkinson had never filed any such motion

and perpetrated fraud on the Court. See certified Docket. Defendant Government Whore

Honeywell concealed said “Rule 38 motion”-fraud-scheme and conspiracy to extort.

CONSPIRACY TO CONCEAL ILLEGALITY & CRIMINALITY OF FAKE “WRIT”

316. On or around 07/14/10, Defendant corrupt U.S. Judge Honeywell conspired with, e.g.,

U.S. Defendants Chappell and Steele to fraudulently conceal the prima facie nullity and

illegality of a facially forged “writ of execution” and “July judgment”, Case No. 2:2010-cv-

00089, Doc. # 48, p. 1:

“On February 1, 2010, Magistrate Judge Chappell issued an order granting Defendant
Kenneth M. Wilkinson's Motion for Issuance of a Writ of Execution (2:07-CV-228,
Dkt. 424). Shortly thereafter, the writ was issued (2:07-CV-228, Dkt. 425).”

317. Defendant crooked Honeywell fraudulently concealed and conspired to conceal that

Defendant Wilkinson had never filed any “Rule 38 motion”, Fed.R.App.P.

318. Defendant corrupt U.S. Judge Honeywell fraudulently concealed and conspired to

conceal that Defendant Co-conspirator Chappell had fabricated a mandate and/or judgment,

Case No. 2:2007-cv-00228, Doc. # 424:

“On July 28, 2009, the Eleventh Circuit issued a Judgment awarding Wilkinson
$5,000.00 in attorney’s fees and double costs in the amount of $48.60, as sanctions
for Busse’s pursuit of a frivolous appeal.”

81
319. Defendant Honeywell fraudulently concealed and conspired to conceal that admittedly

Defendant Wilkinson had never alleged a “frivolous appeal” and that no mandate or

“judgment awarding Wilkinson $5,000.00 in attorneys fees…” had ever existed, Case No.

2:2007-cv-00228.

320. In the certified record absence of any “Rule 38 motion” by Def. Wilkinson, a fraudulent

“judgment” in the amount of “$24.30” “issued as mandate on June 11 2009”, Case No.

2:2007-cv-00228.

321. Defendant Honeywell fraudulently concealed and conspired to conceal that the mandated

“amount of $24.30” had been paid and was not “outstanding”:

“The Judgment to date remains outstanding.”

322. Defendant Honeywell fraudulently concealed and conspired with other U.S. Agents to

conceal that

a. No such mandated “judgment” existed, Case No. 2:2007-cv-00228;

b. No mandated “judgment” was ever “recorded in the Public Records of Lee County”;

c. The fraudulently alleged “certification” was facially forged;

d. “Instrument No. 2009000309384” could not have possibly become any “lien” on any

property pursuant to Ch. 55, 56; and 55.10 Florida Statutes; and

e. No “writ of execution” legally existed.

323. Defendant Honeywell fraudulently concealed and conspired with U.S. Defendants

Chappell, Steele, and other U.S. Agents to conceal that nothing in that or any other Case

could have possibly “served as a lien against” any property under Florida and Federal law:

“A certified copy of the Judgment was recorded in the Public Records of Lee County,

Florida at Instrument No. 2009000309384 and serves as a lien against the property.”

82
324. Defendant Honeywell fraudulently concealed and conspired to conceal that

a. Defendant Wilkinson had never filed any “Rule 38 motion”;

b. Kenneth M. Wilkinson had never been awarded any mandated “judgment”;

c. Def. Wilkinson was not “entitled to tax….”;

d. The prima facie fraudulent “Writ” was due to be denied as unlawful and unauthorized.

FRAUDULENT CONCEALMENT OF JURISDICTION & FRAUD ON THIS COURT

325. On or around 06/23/10, Defendant Honeywell fraudulently concealed the jurisdiction of

this Court over the unlawful acts of the Defendant U.S. Agents and recklessly deprived the

Plaintiffs of any chance of justice and adjudication of their perfected claims, Doc. # 213:

“B. Supplemental Jurisdiction

The decision to exercise supplemental jurisdiction over pendent state claims rests
within the discretion of the district court.” Raney v. Allstate Ins. Co., 370 F.3d 1086,
1088-89 (11th Cir. 2004). Once a district court dismisses all claims over which it had
original jurisdiction, it may decline to exercise supplemental jurisdiction over the
remaining state claims. 28 U.S.C. § 1367(c)(3). This Court, therefore, declines to
exercise supplemental jurisdiction over Plaintiffs’ remaining state claims.”

326. Defendant Honeywell knew and fraudulently concealed that this Court had jurisdiction of

any and all claims involving the Defendant U.S. Government Officials and including “state

claims”. Defendant Honeywell had no “discretion” but was absolutely obligated to adjudicate

Plaintiffs’ claims, because United States Agents had perpetrated unlawful and criminal acts

of record.

327. Defendant Honeywell knew and concealed that Co-Defendant U.S. Judges Steele and

Chappell themselves had removed Plaintiffs’ State action, 2006-CA-003185, BUSSE v.

STATE OF FLORIDA, to Federal Court. See 2:2008-cv-00899.

328. “Declining jurisdiction” over unlawful and criminal U.S. Governmental acts proved

Defendant Honeywell’s fraud on the Courts and required her disqualification.

83
 RECKLESS OBSTRUCTION OF COURT ACCESS

DISPARATE DENIAL OF COURT ACCESS RIGHTS

329. Recklessly, Defendant Honeywell again obstructed Plaintiffs’ court access on 06/23/10,

Doc. # 213, p. 21:

“With its discretionary authority, the Court declines to exercise supplemental

jurisdiction over Plaintiffs’ state claims.”

OBSTRUCTION OF COURT ACCESS UNDER FALSE PRETENSES OF “misconduct”

330. On 07/07/10, Defendant Honeywell again fabricated “misconduct” and/or “loss” of

“electronic filing privileges” in response to Plaintiffs’ “specific” demand for “equal court

access and privileges for filing purposes.” See Case No. 2:2010-cv-00089, Doc. # 38, p. 1;

see Def. Honeywell’s previous fabrications, Case No. 2:09-CV-791, Doc. ## 133, 151.

RECORD CONSPIRACY TO OBSTRUCT JUSTICE & ADJUDICATION

331. Defendant Honeywell conspired with other Defendant U.S. Judges and Officials not to

justly and speedily adjudicate Plaintiffs’ conclusively proven “state claims” against Federal

Defendants.

DENIAL & FRAUDULENT CONCEALMENT OF EQUAL PROTECTION RIGHTS

332. On or around 06/23/2010, Defendant Honeywell recklessly and disparately denied the

Plaintiffs the equal protection of the laws under fraudulent pretenses, Doc. # 213, p. 19:

“In this case, Plaintiffs claim that they were denied equal protection of the laws by
Defendants in relation to Lot 15A. As a general matter, Florida counties may exercise
eminent domain over property not owned by the state or federal government. Fla.
Stat. § 127.01(1)(a); id. “Since a state landowner would not be subject to eminent
domain power but [Plaintiffs], as . . . [alleged] private landowner[s], would be,”
Plaintiffs cannot be similarly situated to a state landowner. Busse, 317 Fed. Appx. at
973. Plaintiffs, “therefore cannot rely on [their] disparate eminent domain treatment
vis-a-vis state landowners as the basis for an equal protection claim.” Id.
Consequently, the Court finds that Plaintiffs failed to state a claim upon which relief
can be granted and dismisses their Equal Protection claim.”

84
333. In exchange for Defendants’ bribes, Defendant Honeywell fixed and fraudulently

concealed Plaintiffs’ perfected “equal protection claim” and the record absence of any

“eminent domain” “exercise”. On 06/23/2010, Defendant Honeywell fraudulently concealed

that none of the Government Defendants ever had any “eminent domain power” and

perpetrated fraud on the Court.

CONSPIRACY TO CONCEAL U.S. JURISDICTION & OBSTRUCT COURT ACCESS

334. Defendant Honeywell conspired with other Federal Defendants to conceal Federal

jurisdiction and obstruct Plaintiffs’ meaningful court access.

335. In particular, Defendant Honeywell conspired to conceal that of course, the Plaintiffs

rightfully prosecuted 1st, 14th, 4th, 7th and 5th Amendment violations by Federal Defendants in

Federal Court.

336. On or around 06/23/10, Defendant U.S. Judge Honeywell fabricated “necessary state

procedures”, Doc. # 213, p. 18:

“They have not exhausted the necessary state procedures to address their dispute
prior to filing in federal court. Therefore, the Court finds that Plaintiffs failed to state
a claim upon which relief can be granted and dismisses their Seventh Amendment
claim.”

337. Defendant Honeywell knew and fraudulently concealed that Plaintiffs’ prosecution of

Federal Defendants for Seventh Amendment Violations did of course not require “necessary

state procedures”. Brazenly and idiotically, Defendant Honeywell concocted “necessary

state procedures” on the record. Said reckless fabrications were outside Honeywell’s scope

of immunity and official capacity.

85
 DELIBERATE DEPRIVATIONS OF COURT ACCESS UNDER FALSE PRETENSES

338. Without any meritorious “defense” or “claim”, and under facially idiotic pretenses of

“frivolity” and “vexatiousness”, Defendant Honeywell deliberately deprived the Plaintiffs of

court access.

CONCEALMENT OF FUNDAMENTAL RIGHT TO OWN PROPERTY AND

CONSPIRACY TO CONCEAL THAT PROPERTY RIGHTS ARE FUNDAMENTAL

339. Defendant Honeywell conspired to fraudulently conceal that property rights are most

fundamental rights. On or around 06/23/2010, Defendant Honeywell conspired to brazenly

and irrationally concoct, Doc. # 213, p. 20:

“Property rights would not be fundamental rights since they are based on state law.”
Id. Here, Plaintiffs claim that they have been denied their alleged property rights in
Lot 15A. These property rights are defined by state law. Therefore, the Court finds
that Plaintiffs failed to state a claim upon which relief can be granted and dismisses
their Substantive Due Process Claim.”

340. No halfway intelligent and non-corrupt judge in Defendant Honeywell’s shoes could

have possibly denied that property rights and the right to own property are most fundamental

rights. Honeywell’s above assertion was recklessly false and for unlawful and criminal

purposes of extorting property and fees and illegally bypassing due process and equal

protection of the law.

FRAUDULENT CONCEALMENT OF PLAINTIFFS’ PREVIOUS “STATE ACTION”

341. Defendant Honeywell fraudulently concealed Plaintiffs’ State action, Case No. 2006-CA-

003185 (Lee County Circuit Court), BUSSE v. STATE OF FLORIDA, Doc. # 213, p. 15:

“Although they have been previously told by the Eleventh Circuit that they must
proceed in state court prior to bringing suit in federal court for several of their claims,
Plaintiffs refuse to do so and continue to re-file their complaints with additional
Defendants and claims all surrounding the same property dispute.”

86
342. Defendant Honeywell conspired with other Officials such as, e.g., Defendants Steele and

Polster Chappell to conceal Plaintiffs’ 2006 State action of record, 2006-CA-003185.

Defendant Honeywell knew and concealed that Defendants Steele and Chappell had removed

Plaintiffs’ record 2006 State action to Federal Court. See 2:2008-cv-00899.

343. Defendant Honeywell knew and concealed Plaintiffs’ fundamental entitlement to sue

Defendant U.S. Agents in Federal Court for any and all claims.

06/23/2010 SLANDER OF RECORD REAL PROPERTY TITLE, DOC. # 213

344. On or around 06/23/2010, Defendant Honeywell unintelligently slandered Plaintiffs’

record marketable title to riparian Lot 15A, “Cayo Costa”, Doc. # 213, 2:2009-cv-00791:

“In a resolution adopted in December 1969 by the Board of Commissioners of Lee

County, Florida, Lot 15A, among other property, was claimed as public land
(“Resolution 569/875") (Dkt 5, Ex. 3, p. 9). See Prescott, et al., v. State of Florida, et
al., 343 Fed. Appx. 395, 396-97 (11th Cir. Apr. 21, 2009); Busse, et al. v. Lee County,
Florida, et al., 317 Fed. Appx. 968, 970 (11th Cir. Mar 5, 2009).”

07/14/2010 FABRICATION OF “WRIT OF EXECUTION”

345. On or around 07/14/2010, Defendant Honeywell irrationally fabricated a “writ of

execution”, Doc. # 48, p. 1, 2:2010-cv-00089:

“In the motion, Plaintiffs appear to seek a release of the writ of execution and
attachment of a lien to property issued in Busse v. Lee County, Florida, et al., Case
No. 2:07-CV-228-FtM-29SPC. That case was before Judge John Steele and
Magistrate Judge Sheri Chappell.”

346. Defendant Honeywell knew and concealed the record lack of any “writ of execution”

mandated “July 2009 judgment”, and of any ‘Rule 38 motion” by Def. “land parcel” Forger

Wilkinson. See Case No. 2:2007-cv-00228; see Case Docket as certified on 07/16/2010 by

Def. Clerk D. Nipper.

87
347. Defendant Honeywell knew and concealed that the record 03/05/2009 “judgment” and

paid “amount of $24.30” “issued as mandate on 06/11/2009”, Case No. 2:2007-cv-00228,

had ruled out any possibility of a “writ of execution”.

348. Because of her irrational contradictions on record, Defendant Honeywell’s “orders” were

facially arbitrary, capricious, incomprehensible, and idiotic:

349. In particular, no rational, competent, and honest judge in Defendant Honeywell’s shoes

could have possibly reconciled a fake “writ of execution” with a fake “claim”.

350. Defendant Honeywell knew and concealed that in the hypothetical event of any

involuntary title transfer to Government, no “writ of execution” could have possibly existed.

351. Defendant Honeywell knew and concealed that in the hypothetical event of a “writ of

execution”, there could not have possibly been any involuntary title transfer to Lee County,

Florida. For bribes, Def. Whore Honeywell conspired to extort Plaintiffs’ property under

fraudulent pretenses of a non-existent “Rule 38 motion”, fake “judgment”, and fake “writ”.

TRESPASS ONTO PRIMA FACIE PRIVATE “CAYO COSTA” SUBDIVISION

352. Defendant Honeywell’s unlawful and criminal acts of record, reckless orders, Case ##

2:2009-cv-00791; and 2:2010-cv-00089, slander of title, fraudulent pretenses and/or

fabrications of a non-existent mandated “judgment”, “writ of execution”, “lien” proximately

caused unlawful and criminal trespass onto Plaintiffs’ private street and up lands on the Gulf

of Mexico in the private undedicated residential “Cayo Costa” Subdivision.

353. Defendant Honeywell knew and fraudulently concealed that the public had no

Subdivision access, because as a matter of law, the public had no right to use any of the

prima facie private street and alley easements as legally conveyed in reference to the 1912

Plat of Survey in PB 3 PG 25.

88
 ILLEGAL FIRES AND ARSON

354. Defendant Honeywell’s reckless orders, Case ## 2:2009-cv-00791, and 2:2010-cv-00089,

slander of title, fraudulent pretenses and/or fabrications of a non-existent mandated

“judgment”, “writ of execution”, “lien” have been inducing the public to start unlawful fires

and perpetrate arson on private “Cayo Costa” Subdivision property, PB 3 PG 25 (1912).

CONSPIRACY TO COVER UP FOR GOVERNMENT CROOKS

355. Defendant Honeywell fraudulently concealed and conspired to conceal the record crimes

and illegal acts of, e.g., U.S. Defendants John E. Steele, Sheri Polster Chappell, Richard A.

Lazzara, Mark Allan Pizzo, and to cover up for said Government Crooks.

RECORD THREATS AND FABRICATIONS OF “VIOLATION OF ORDER”

356. On or around 07/14/20, Defendant Honeywell again threatened, intimidated, and

coerced the Plaintiffs to refrain from prosecuting Defendant Honeywell, 2:10-cv-00089, Doc.

# 49, p. 2:

“…Plaintiff Busse has directly violated an order of this Court.”

357. Defendant Government Whore Honeywell has been a named party Defendant, because

she, e.g., accepted Defendants’ bribes, fixed Plaintiff’s Cases under false pretenses of a

“regulation”, fabricated a “writ of execution”, perverted the Florida and Federal

Constitutional guarantees of the most fundamental rights to own property and exclude

Governments, redress Government grievances, be free of Government corruption,

oppression, unlawful seizure of property, et al. The Plaintiff corruption victims sued Def.

Honeywell in her individual private capacity outside any immunity, because Def.

Honeywell maliciously extended, e.g., record Government extortion, corruption, and crimes

89
 and unlawful acts. See, e.g., Case No. 2:2009-cv-00791, Doc. # 213, 236; Case No. 2:2010-

cv-00089, Doc. ## 48, 49, 50.

358. Under color of office, Defendant Honeywell falsified and/or caused other persons to

falsify official record and documents. See § 838.022, Fla. Stat.

RECORD EXTORTION OF FEES AND PROPERTY

359. For unlawful and criminal purposes of extorting fees and Plaintiffs’ record property,

Defendant Honeywell fabricated a “writ of execution”.

FRAUDULENT CONCEALMENT OF RECORD “06/11/2009 MANDATE”

360. Defendant Honeywell knew and concealed that a facially fraudulent 03/05/2009

“judgment” “issued as mandate on June 11, 2009” and was received by the U.S. District

Court on 06/15/2009. See Doc. # 365; Case No. 2:2007-cv-00228.

FRAUDULENT CONCEALMENT OF CLOSURE OF CASE 08-17130-BB ON 06/11/2009

361. Defendant Honeywell knew and concealed that the U.S. Court of Appeals for the 11th

Circuit had closed Case No. 2008-13170-BB on 06/11/2009.

FRAUDULENT CONCEALMENT OF “$24.30” MANDATE

362. Defendant Honeywell knew and concealed that the U.S. Court of Appeals for the 11th

Circuit had “allowed the amount of $24.30” “issued as mandate on June 11, 2009”

363. Defendant Honeywell knew and concealed that the “amount of $24.30” was not

outstanding.

364. Defendant Honeywell knew and concealed that no “writ of execution” could have

possibly existed on the record.

90
 FRAUDULENT CONCEALMENT OF NON-EXISTENCE OF “RULE 38 MOTION”

365. Defendant Honeywell knew and concealed that Defendant crooked Official Kenneth M.

Wilkinson had never filed any Rule 38 motion.

FRAUDULENT CONCEALMENT OF RECORD COERCION

366. Defendant Honeywell fraudulently concealed that Defendant K. M. Wilkinson expressly

coerced the Plaintiff corruption victims to refrain from prosecution on the record. See

Wilkinson’s “Rule 27-4 motion”.

COERCION

367. On the record, Defendant Honeywell coerced the Plaintiffs to refrain from prosecution

under color of authority and office.

368. Without any authority or justification, Defendant Honeywell threatened, intimidated,

harassed, and “punished” the Plaintiffs on the record, including the obstruction of court

access.

FRAUDULENT CONCEALMENT OF NON-EXISTENT “LAND PARCELS”

369. Defendant Honeywell knew and concealed that Defendant Forger K. M. Wilkinson had

unlawfully and criminally forged “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-

01-00001.0000”. Defendant Honeywell knew and fraudulently concealed that said forged

“parcels” did not appear on the 1912 “Cayo Costa” Subdivision Plat of Survey in Lee

County Plat Book 3 Page 25.

370. Defendant Honeywell knew and concealed that said non-existent and forged “land

parcels” had never been legally described, platted, and/or conveyed in reference to said Plat

of Survey, PB 3 PG 25 (1912) and had never existed.

91
 BRIBERY AND CORRUPTION

371. In exchange for Defendants’ bribes, Defendant Honeywell concealed said evident record

forgeries and covered up for Defendant K. M. Wilkinson.

372. Defendant Honeywell accepted Defendants’ bribes and enforced the culture and policy of

corruption in her office even though Honeywell knew that the prima facie fake “writ of

execution”, “lien”, “judgment”, and “land parcels” had never existed and could not have

possibly existed.

DELIBERATE DEPRIVATIONS & FRAUD ON THE COURT

373. With wanton disregard for Plaintiffs’ fundamental rights to, e.g.

a. Be free of Government racketeering, corruption, extortion, coercion, and threats;

b. Be free of unlawful seizure, bribery, and retaliation;

c. Redress Government grievances without retaliation, coercion, extortion, and threats;

d. Have meaningful and free court access;

e. Have due process and equal protection of the law;

f. Own property;

g. Exclude Defendant Governments from Plaintiffs’ record property.

Defendant Honeywell perpetrated fraud on the Court and deliberately deprived the

Plaintiffs of their express fundamental rights under the Federal and Florida Constitutions.

DEF. HONEYWELL’S PROSECUTION UNDER CIVIL RICO

374. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Honeywell perpetrated record RICO

predicate acts such as, e.g., extortion, obstruction of justice, and retaliation.

92
375. Defendant Honeywell knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-4”,

Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same
practices [of having conclusively proven and exposed Government extortion,
racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth
M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request
that this Court require the Appellant to pay a monetary penalty into the Court for
filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against recorded extortion,

racketeering, corruption, and fraud.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

376. Defendant Crooked Honeywell injured the Plaintiff record property and business owners

by reasons of publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs

are holding legal and beneficial interests in their Cayo Costa business and property, riparian

Lot 15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3).

Plaintiffs demand recovery for both tangible and intangible property losses, business

interruptions, and other losses as a direct and proximate result of Defendant Honeywell’s

extortion, racketeering, and obstruction of justice.

18 U.S.C. § 1962 VIOLATIONS

377. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant

Honeywell’s Section 1962 violations, which proximately and directly resulted from the

publicly recorded commissions of the predicate acts such as, e.g., extortion, retaliation,

fraud, fraud on the State and Federal Courts, fraudulent concealment of facially forged “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake

“writ of execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

93
 requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

378. Defendant Honeywell acquired control and conspired with other Officials to acquire

control of Plaintiffs’ Lee County property and business through, e.g., organized crime such

as, e.g.:

a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

d. Profiteering from extra-judicial crimes and bribes.

FOR BRIBES DEFENDANT FRAUDULENTLY CONCEALED BINDING PRECEDENT

379. In exchange for bribes, Defendant Racketeer Honeywell concealed and conspired with

other Officials and U.S. Circuit & District Judges to conceal binding precedent:

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490

(11th Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959)

DEFENDANT HONEYWELL’S SECTION 1962(B) LIABILITY

380. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Honeywell has been collecting an

unlawful debt to acquire and maintain an illegal interest in and control of the prima facie

illicit “park” enterprise in the private, undedicated, residential “Cayo Costa” Subdivision

as platted in 1912, PB 3 PG 25. Plaintiffs’ injuries flowed directly from Defendant

94
 Honeywell’s and other Officials’ maintenance and acquisition of control of the “park”,

entertainment, and recreation enterprise, and acquisition and/or maintenance of control of

falsified “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” with an

area of Hundreds of Acres along the “Gulf of Mexico” and “Charlotte Harbor”, PB 3 PG 25.

381. Section 1962(B) provides that:

“It shall be unlawful for any person through a pattern of racketeering activity or
through collection of an unlawful debt to acquire or maintain, directly or indirectly,
any interest in or control of any enterprise which is engaged in, or the activities of
which affect, interstate or foreign commerce.”

DEFENDANT HONEYWELL’S SECTION 1962(C) LIABILITY & “ASSOCIATION”

382. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Honeywell has been collecting an

unlawful debt and participated in the conduct and affairs of said Government enterprise.

Plaintiffs’ injuries flowed directly from Defendant Honeywell’s and other Officials’

participation in said record Government “land parcel” extortion and fraud scheme, ##

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”, and the participation in

Government fraud and extortion schemes of “frivolity” and “vexatiousness”.

383. Section 1962(c) provides that:

“It shall be unlawful for any person employed by or associated with any enterprise
engaged in, or the activities of which affect, interstate or foreign commerce, to
conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs
through a pattern of racketeering activity or collection of unlawful debt.”

384. The Plaintiffs proved

1. The existence of Defendant(s)’ entertainment and recreational enterprise affecting

interstate commerce;
2. That the Defendants were associated with the “State Park and Recreation”
enterprise;

95
 3. That Defendant participated, either directly or indirectly, in the conduct or the
affairs of said entertainment enterprise; and
4. That Defendants participated through a pattern of racketeering activity, which
included the allegation of at least two racketeering acts such as, e.g., extortion,
bribery, obstruction of justice, and retaliation.

385. As a Judge presiding over Defendants’ prima facie fraudulent defenses, claims,

falsifications, and forgeries, Defendant Honeywell had a very meaningful connection

between the illegal enterprise and the racketeering and extortion of land, money, and fees

for the enterprise under color of, e.g., office and authority.

Defendant Honeywell extorted and concealed, and conspired to extort and conceal, that he

procedure on execution did not accord with the procedure of the State of Florida. See

Fed.R.Civ.P. 69. Defendant knew that Florida procedure required a recorded and certified

judgment, which here had never existed. The Court never had any authority to award

“$5,048.60”, and the judgment issued as mandate on 06/11/2009 in the amount of $24.30 had

been paid. The prima facie fraudulent “affidavit” by Defendant Racketeer JACK N.

PETERSON fraudulently pretended a “07/29/2009” “judgment”, Doc. # 432-2, Case No.

2:2007-cv-00228, which all Defendants knew, concealed, and conspired to conceal had

never existed. See also Ch. 55, 56, Florida Statutes.

DEFENDANT GERALD BARD TJOFLAT

RECORD LACK OF IMMUNITY

386. The Plaintiff public corruption victims are suing Defendant corrupt Gerald Bard Tjoflat

(“Tjoflat”) in his private individual capacity and official capacity as very old U.S. Circuit

Judge. Defendant Tjoflat’s unlawful and criminal acts on record were outside any immunity

and official capacity.

96
387. Because of record setting very old age, Defendant Tjoflat has no longer been capable to

keep up with the demands of Government work and customary corruption in the 11th Circuit.

388. Due in part to professional deficiencies evident on the record, Defendant Tjoflat

fraudulently concealed and conspired to conceal that Plaintiffs had fundamental

Constitutionally guaranteed rights to, e.g., own property, exclude Government from their

property, defend against arbitrarily and capriciously fabricated “land parcels”, redress

Government grievances and corruption, Case No. 2:2007-cv-00228, Doc. # 365, “received”

June 15, 2009:

“Property rights would not be fundamental rights since they are based on state law.
See id. Busse thus could not bring a viable substantive due process claim based on the
alleged denial of a state-defined property right. See id. Accordingly, we find that the
district court properly dismissed his substantive due process claims.”

389. On or around March 5, 2009, Defendant Tjoflat fixed and conspired to fix Plaintiffs’

perfected “substantive due process claims” by fraudulently concealing, and conspiring with

other U.S. Agents to conceal, that Plaintiffs’ “property rights” were most fundamental

Constitutionally guaranteed rights. See Florida and Federal Constitutions.

390. U.S. Def. Tjoflat’s “finding” “that the district court properly dismissed” and fixed

Plaintiffs’ perfected “due process claims” were prima facie unlawful and criminal acts of

perverting supreme Florida and Federal law. Just like institutional sexual predators in the

Catholic Church, judicial predator Tjoflat betrayed the public trust and raped innocent

victims who had faith in the Government institution and the reasonable expectation that they

would not get fucked.

391. While very old Defendant demented Circuit Judge Tjoflat fixed Plaintiffs’ perfected

claim, and fucked innocent public corruption victims, Defendant “judicial whore” Honeywell

97
 further fabricated that Plaintiffs had “failed to state a claim”, Case No. 2:2007-cv-00228,

Doc. # 213.

392. Defendant Tjoflat fraudulently concealed and conspired to conceal that no “regulatory

taking” had ever existed or could have possibly existed, because no “regulation” had ever

existed.

PROSECUTION UNDER CIVIL RICO

393. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Tjoflat perpetrated record RICO predicate

acts such as, e.g., extortion, obstruction of justice, and retaliation.

394. Defendant Tjoflat knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-4”,

Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same
practices [of having conclusively proven and exposed Government extortion,
racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth
M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request
that this Court require the Appellant to pay a monetary penalty into the Court for
filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

395. Defendant Crooked Tjoflat injured the Plaintiff record property and business owners by

reasons of publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs are

holding legal and beneficial interests in their Cayo Costa business and property, riparian Lot

15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3).

Plaintiffs demand recovery for both tangible and intangible property losses, business

98
 interruptions, and other losses as a direct and proximate result of Defendant Tjoflat’s

extortion, racketeering, and obstruction of justice.

396. In particular, Defendant Crooked Official Tjoflat extorted money, fees, and property

under prima facie false pretenses of “frivolity” and “vexatiousness”, falsified “land

parcels”, and a “writ”, Doc. # 425, while fraudulently concealing that Lee County, FL, had

never owned and could not have possibly owned Plaintiffs’ Cayo Costa business and

property as a matter of law. See business records on file by eminent domain Attorneys at

Brigham Moore.

397. Said Defendant knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

d. No appellee had filed any “Rule 38 motion”;

e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

398. Said Defendant fraudulently concealed that

99
 “(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment

shall be served not later than 10 days after entry of the judgment, except that this rule

does not affect the remedies in rule 1.540(b).”

See Doc. # 386-5, Case No. 2:2007-cv-00228.

18 U.S.C. § 1962 VIOLATIONS

399. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant

Tjoflat’s Section 1962 violations, which proximately and directly resulted from the

publicly recorded commissions of the predicate acts such as, e.g., extortion, retaliation,

fraud, fraud on the State and Federal Courts, fraudulent concealment of facially forged “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake

“writ of execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

400. Defendant Tjoflat acquired control and conspired with other Officials to acquire control

of Plaintiffs’ Lee County property and business through, e.g., organized crime such as, e.g.:

a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

d. Profiteering from extra-judicial crimes and bribes.

FOR BRIBES DEFENDANT FRAUDULENTLY CONCEALED BINDING PRECEDENT

100
401. In exchange for bribes, Defendant Racketeer Tjoflat concealed and conspired with other

Officials and U.S. Circuit & District Judges to conceal binding precedent:

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490

(11th Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959)

DEFENDANT TJOFLAT’S SECTION 1962(B) LIABILITY

402. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Tjoflat has been collecting an unlawful

debt to acquire and maintain an illegal interest in and control of the prima facie illicit “park”

enterprise in the private, undedicated, residential “Cayo Costa” Subdivision as platted in

1912, PB 3 PG 25. Plaintiffs’ injuries flowed directly from Defendant Tjoflat’s and other

Officials’ maintenance and acquisition of control of the “park”, entertainment, and

recreation enterprise, and acquisition and/or maintenance of control of falsified “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” with an area of

Hundreds of Acres along the “Gulf of Mexico” and “Charlotte Harbor”, PB 3 PG 25.

403. Section 1962(B) provides that:

“It shall be unlawful for any person through a pattern of racketeering activity or
through collection of an unlawful debt to acquire or maintain, directly or indirectly,
any interest in or control of any enterprise which is engaged in, or the activities of
which affect, interstate or foreign commerce.”

DEFENDANT’S SECTION 1962(C) LIABILITY & “ASSOCIATION”

404. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Tjoflat has been collecting an unlawful

debt and participated in the conduct and affairs of said Government enterprise. Plaintiffs’

101
 injuries flowed directly from Defendant Tjoflat’s and other Officials’ participation in said

record Government “land parcel” extortion and fraud scheme, ## “12-44-20-01-

00000.00A0” and “07-44-21-01-00001.0000”, and the participation in Government fraud

and extortion schemes of “frivolity” and “vexatiousness”.

405. Section 1962(c) provides that:

“It shall be unlawful for any person employed by or associated with any enterprise
engaged in, or the activities of which affect, interstate or foreign commerce, to
conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs
through a pattern of racketeering activity or collection of unlawful debt.”

406. The Plaintiffs proved

1. The existence of Defendant(s)’ entertainment and recreational enterprise affecting

interstate commerce;
2. That the Defendants were associated with the “State Park and Recreation”
enterprise;
3. That Defendant participated, either directly or indirectly, in the conduct or the
affairs of said entertainment enterprise; and
4. That Defendants participated through a pattern of racketeering activity, which
included the allegation of at least two racketeering acts such as, e.g., extortion,
bribery, obstruction of justice, and retaliation.

407. As a Circuit Judge presiding over Defendants’ prima facie fraudulent defenses, claims,

falsifications, and forgeries, Defendant Tjoflat had a very meaningful connection between

the illegal enterprise and the racketeering and extortion of land, money, and fees for the

enterprise under color of, e.g., office and authority.

408. Defendant Tjoflat extorted and concealed, and conspired to extort and conceal, that he

procedure on execution did not accord with the procedure of the State of Florida. See

Fed.R.Civ.P. 69. Defendant knew that Florida procedure required a recorded and certified

judgment, which here had never existed. The Court never had any authority to award

“$5,048.60”, and the judgment issued as mandate on 06/11/2009 in the amount of $24.30 had

been paid. The prima facie fraudulent “affidavit” by Defendant Racketeer JACK N.

102
 PETERSON fraudulently pretended a “07/29/2009” “judgment”, Doc. # 432-2, Case No.

2:2007-cv-00228, which all Defendants knew, concealed, and conspired to conceal had

never existed. See also Ch. 55, 56, Florida Statutes.

DEFENDANT SUSAN H. BLACK

RECORD LACK OF IMMUNITY

409. The Plaintiff Government racketeering and corruption victims are suing Defendant

Corrupt Susan H. Black (“Black”) in her private individual capacity and official capacity as

U.S. Circuit Judge, 11th Appellate Circuit. Defendant Black’s unlawful and criminal acts on

record were outside any immunity and official capacity.

410. Irrationally and capriciously, Defendant corrupt U.S. Circuit Judge Black fabricated on

the record:

“The Resolution constituted a legislative act since it was a general provision that
affected a large number of persons and area, 200 acres in all, rather than being
specifically targeted at Busse or his immediate neighbors.” See Case No. 2:2007-cv-
00228, Doc. # 365, p. 10.

411. No such “resolution”, “legislative act”, and/or “general provision” had ever existed

and/or could be found anywhere. Def. Racketeer Black knew that under the separation-of-

Government-powers-Doctrine, involuntary Government alienation by any “law” was legally

absolutely impossible. Def. Racketeer Black’s orders were facially deceptive, fraudulent,

and for extortion and racketeering purposes.

412. Under Ch. 73, 74, Eminent Domain, Fla. Stat., any involuntary title transfer and/or

eminent domain transaction would have “specifically” identified [“targeted”] each and every

parcel and each and every corresponding record title holder. Defendant Black made no sense

whatsoever.

103
 PROSECUTION UNDER CIVIL RICO

413. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Susan H. Black perpetrated record RICO

predicate acts such as, e.g., extortion, obstruction of justice, and retaliation.

414. Defendant Susan H. Black knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-

4”, Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same
practices [of having conclusively proven and exposed Government extortion,
racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth
M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request
that this Court require the Appellant to pay a monetary penalty into the Court for
filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

415. Defendant Crooked S. H. Black injured the Plaintiff record property and business

owners by reasons of publicly recorded violations of Section 1962. See Section 1964(C).

Plaintiffs are holding legal and beneficial interests in their Cayo Costa business and property,

riparian Lot 15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section

1961(3); PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th

Circuit Apr. 21, 2009). Plaintiffs demand recovery for both tangible and intangible

property losses, business interruptions, and other losses as a direct and proximate result of

Defendant S. H. Black’s extortion, racketeering, and obstruction of justice.

416. In particular, Defendant Crooked Official Black extorted money, fees, and property

under prima facie false pretenses of “frivolity” and “vexatiousness”, falsified “land

104
 parcels”, and a “writ”, Doc. # 425, while fraudulently concealing that Lee County, FL, had

never owned and could not have possibly owned Plaintiffs’ Cayo Costa business and

property as a matter of law. See business records on file by eminent domain Attorneys at

Brigham Moore.

417. Said Defendant knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

d. No appellee had filed any “Rule 38 motion”;

e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

418. Said Defendant fraudulently concealed that

“(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment
shall be served not later than 10 days after entry of the judgment, except that this rule
does not affect the remedies in rule 1.540(b).”

See Doc. # 386-5, Case No. 2:2007-cv-00228.

18 U.S.C. § 1962 VIOLATIONS

419. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant Black’s

Section 1962 violations, which proximately and directly resulted from the publicly

recorded commissions of the predicate acts such as, e.g., extortion, retaliation, fraud, fraud

105
 on the State and Federal Courts, fraudulent concealment of facially forged “land parcels”

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake “writ of

execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

420. Defendant Black acquired control and conspired with other Officials to acquire control

of Plaintiffs’ Lee County property and business through, e.g., organized crime such as, e.g.:

a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

d. Profiteering from extra-judicial crimes and bribes.

FOR BRIBES DEFENDANT FRAUDULENTLY CONCEALED BINDING PRECEDENT

421. In exchange for bribes, Defendant Racketeer Black concealed and conspired with other

Officials and U.S. Circuit & District Judges to conceal binding precedent:

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490

(11th Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959)

DEFENDANT BLACK’S SECTION 1962(B) LIABILITY

422. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Black has been collecting an unlawful

debt to acquire and maintain an illegal interest in and control of the prima facie illicit “park”

106
 enterprise in the private, undedicated, residential “Cayo Costa” Subdivision as platted in

1912, PB 3 PG 25. Plaintiffs’ injuries flowed directly from Defendant Black’s and other

Officials’ maintenance and acquisition of control of the “park”, entertainment, and

recreation enterprise, and acquisition and/or maintenance of control of falsified “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” with an area of

Hundreds of Acres along the “Gulf of Mexico” and “Charlotte Harbor”, PB 3 PG 25.

423. Section 1962(B) provides that:

“It shall be unlawful for any person through a pattern of racketeering activity or
through collection of an unlawful debt to acquire or maintain, directly or indirectly,
any interest in or control of any enterprise which is engaged in, or the activities of
which affect, interstate or foreign commerce.”

DEFENDANT’S SECTION 1962(C) LIABILITY & “ASSOCIATION”

424. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Black has been collecting an unlawful

debt and participated in the conduct and affairs of said Government enterprise. Plaintiffs’

injuries flowed directly from Defendant Black’s and other Officials’ participation in said

record Government “land parcel” extortion and fraud scheme, ## “12-44-20-01-

00000.00A0” and “07-44-21-01-00001.0000”, and the participation in Government fraud

and extortion schemes of “frivolity” and “vexatiousness”.

425. Section 1962(c) provides that:

“It shall be unlawful for any person employed by or associated with any enterprise
engaged in, or the activities of which affect, interstate or foreign commerce, to
conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs
through a pattern of racketeering activity or collection of unlawful debt.”

426. The Plaintiffs had proven:

107
 1. The existence of Defendant(s)’ entertainment and recreational enterprise affecting
interstate commerce;
2. That the Defendants were associated with the “State Park and Recreation”
enterprise;
3. That Defendant participated, either directly or indirectly, in the conduct or the
affairs of said entertainment enterprise; and
4. That Defendants participated through a pattern of racketeering activity, which
included the allegation of at least two racketeering acts such as, e.g., extortion,
bribery, obstruction of justice, and retaliation.

427. As a Crooked Circuit Judge presiding over Defendants’ Appellees’ prima facie

fraudulent defenses, claims, falsifications, and forgeries, Defendant Black had a very

meaningful connection between the illegal enterprise and the racketeering and extortion of

land, money, and fees for the enterprise under color of, e.g., office and authority.

428. Defendant Black extorted and concealed, and conspired to extort and conceal, that he

procedure on execution did not accord with the procedure of the State of Florida. See

Fed.R.Civ.P. 69. Defendant knew that Florida procedure required a recorded and certified

judgment, which here had never existed. The Court never had any authority to award

“$5,048.60”, and the judgment issued as mandate on 06/11/2009 in the amount of $24.30 had

been paid. The prima facie fraudulent “affidavit” by Defendant Racketeer JACK N.

PETERSON fraudulently pretended a “07/29/2009” “judgment”, Doc. # 432-2, Case No.

2:2007-cv-00228, which all Defendants knew, concealed, and conspired to conceal had

never existed. See also Ch. 55, 56, Florida Statutes.

PERVERSION OF LAW & RULES FOR RACKETEERING PURPOSES

429. Pursuant to Fed.R.App.P. 39, costs may be taxed against the appellant, if a judgment is

affirmed. Defendant Black knew and concealed that the “costs allowed” and/or taxed were

“$24.30”, Case No. 2:2007-cv-00228, Doc. ## 365, p. 15; 386-3, p. 15. Def. Black concealed

that no costs were ever allowed under purported “Rule 38”.

108
 RULE 38 RACKETEERING AND FRAUD SCHEME

430. “FRAP 38, Frivolous Appeal - Damages and Costs” provides that

“if a court of appeals determines that an appeal is frivolous, it may, after a separately
filed motion or notice from the court and reasonable opportunity to respond, award
just damages and single or double costs to the appellee.”

431. Defendant Black knew and fraudulently concealed that pursuant to 11th Cir. R. 38-1,

Time for Filing Motions, Motions for damages and costs pursuant to FRAP 38 must be filed

no later than the filing of appellee’s brief. Here, Defendant Black had tendered and/or filed

his prima facie fraudulent brief on 08/08/2008. See Appellate Case No. 2008-13170-BB,

certified Docket sheet. Admittedly, Defendant Racketeer Wilkinson never filed any “Rule 38

motion” before 08/08/2008. Admittedly, Defendant “land parcel” Forger Wilkinson had

never filed any Rule 38 motion. Rule 38 only provided for “damages” and “costs”. Here,

Defendant Wilkinson had never filed any such motion and perpetrated fraud on the Court.

See certified Docket. Defendant Black concealed said “Rule 38 motion”-fraud-scheme and

conspiracy to extort.

DEFENDANT JOEL F. DUBINA

RECORD LACK OF IMMUNITY

432. The Plaintiff public corruption victims are suing Defendant Joel F. Dubina in his private

individual capacity and official capacity as U.S. Circuit and Chief Judge. Defendant

Dubina’s unlawful and criminal acts on record were outside any immunity and official

capacity.

433. Defendant crooked U.S. Circuit Chief Judge Joel F. Dubina knew and fraudulently

concealed that Defendant Wilkinson had never filed and signed any “Rule 38 motion” and

109
 that no mandated “judgment” under Rule 38, Fed.R.App.P. existed. See certified true and

correct copy of Docket, Case No. 2:2007-cv-00228.

434. Defendant Joel F. Dubina fabricated a “Rule 38 motion” “by Defendant Wilkinson”.

435. Defendant Dubina conspired with other Defendants and Officials to fraudulently pretend

that Defendant Wilkinson had filed a “Rule 38 Motion”.

436. Defendant Dubina knew and concealed that no “11th Circuit Rule 27-4 Motion” by

Defendant Wilkinson had ever been entered on said Circuit Court’s Case Docket.

PROSECUTION UNDER CIVIL RICO

437. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Dubina perpetrated record RICO predicate

acts such as, e.g., extortion, obstruction of justice, and retaliation.

438. Defendant Dubina knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-4”,

Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same
practices [of having conclusively proven and exposed Government extortion,
racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth
M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request
that this Court require the Appellant to pay a monetary penalty into the Court for
filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

439. Defendant Crooked Dubina injured the Plaintiff record property and business owners by

reasons of publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs are

holding legal and beneficial interests in their Cayo Costa business and property, riparian Lot

110
 15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3).

Plaintiffs demand recovery for both tangible and intangible property losses, business

interruptions, and other losses as a direct and proximate result of Defendant Dubina’s

extortion, racketeering, and obstruction of justice.

440. In particular, Defendant Crooked Official Dubina extorted money, fees, and property

under prima facie false pretenses of “frivolity” and “vexatiousness”, falsified “land

parcels”, and a “writ”, Doc. # 425, while fraudulently concealing that Lee County, FL, had

never owned and could not have possibly owned Plaintiffs’ Cayo Costa business and

property as a matter of law. See business records on file by eminent domain Attorneys at

Brigham Moore.

441. Said Defendant knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

d. No appellee had filed any “Rule 38 motion”;

e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

442. Said Defendant fraudulently concealed that

111
 “(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment
shall be served not later than 10 days after entry of the judgment, except that this rule
does not affect the remedies in rule 1.540(b).”

See Doc. # 386-5, Case No. 2:2007-cv-00228.

18 U.S.C. § 1962 VIOLATIONS

443. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant

Dubina’s Section 1962 violations, which proximately and directly resulted from the

publicly recorded commissions of the predicate acts such as, e.g., extortion, retaliation,

fraud, fraud on the State and Federal Courts, fraudulent concealment of facially forged “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake

“writ of execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

444. Defendant Dubina acquired control and conspired with other Officials to acquire control

of Plaintiffs’ Lee County property and business through, e.g., organized crime such as, e.g.:

a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

d. Profiteering from extra-judicial crimes and bribes.

FOR BRIBES DEFENDANT FRAUDULENTLY CONCEALED BINDING PRECEDENT

445. In exchange for bribes, Defendant Racketeer Dubina concealed and conspired with

other Officials and U.S. Circuit & District Judges to conceal binding precedent:

112
 WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490

(11th Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959)

DEFENDANT DUBINA’S SECTION 1962(B) LIABILITY

446. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Dubina has been collecting an unlawful

debt to acquire and maintain an illegal interest in and control of the prima facie illicit “park”

enterprise in the private, undedicated, residential “Cayo Costa” Subdivision as platted in

1912, PB 3 PG 25. Plaintiffs’ injuries flowed directly from Defendant Dubina’s and other

Officials’ maintenance and acquisition of control of the “park”, entertainment, and

recreation enterprise, and acquisition and/or maintenance of control of falsified “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” with an area of

Hundreds of Acres along the “Gulf of Mexico” and “Charlotte Harbor”, PB 3 PG 25.

447. Section 1962(B) provides that:

“It shall be unlawful for any person through a pattern of racketeering activity or
through collection of an unlawful debt to acquire or maintain, directly or indirectly,
any interest in or control of any enterprise which is engaged in, or the activities of
which affect, interstate or foreign commerce.”

DEFENDANT’S SECTION 1962(C) LIABILITY & “ASSOCIATION”

448. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Dubina has been collecting an unlawful

debt and participated in the conduct and affairs of said Government enterprise. Plaintiffs’

injuries flowed directly from Defendant Dubina’s and other Officials’ participation in said

record Government “land parcel” extortion and fraud scheme, ## “12-44-20-01-

113
 00000.00A0” and “07-44-21-01-00001.0000”, and the participation in Government fraud

and extortion schemes of “frivolity” and “vexatiousness”.

449. Section 1962(c) provides that:

“It shall be unlawful for any person employed by or associated with any enterprise
engaged in, or the activities of which affect, interstate or foreign commerce, to
conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs
through a pattern of racketeering activity or collection of unlawful debt.”

450. The Plaintiffs proved

1. The existence of Defendant(s)’ entertainment and recreational enterprise affecting

interstate commerce;
2. That the Defendants were associated with the “State Park and Recreation”
enterprise;
3. That Defendant participated, either directly or indirectly, in the conduct or the
affairs of said entertainment enterprise; and
4. That Defendants participated through a pattern of racketeering activity, which
included the allegation of at least two racketeering acts such as, e.g., extortion,
bribery, obstruction of justice, and retaliation.

451. As a Circuit Judge presiding over Defendants’ Appellees’ prima facie fraudulent

defenses, claims, falsifications, and forgeries, Defendant Dubina had a very meaningful

connection between the illegal enterprise and the racketeering and extortion of land,

money, and fees for the enterprise under color of, e.g., office and authority.

452. Defendant Dubina extorted and concealed, and conspired to extort and conceal, that he

procedure on execution did not accord with the procedure of the State of Florida. See

Fed.R.Civ.P. 69. Defendant knew that Florida procedure required a recorded and certified

judgment, which here had never existed. The Court never had any authority to award

“$5,048.60”, and the judgment issued as mandate on 06/11/2009 in the amount of $24.30 had

been paid. The prima facie fraudulent “affidavit” by Defendant Racketeer JACK N.

PETERSON fraudulently pretended a “07/29/2009” “judgment”, Doc. # 432-2, Case No.

114
 2:2007-cv-00228, which all Defendants knew, concealed, and conspired to conceal had

never existed. See also Ch. 55, 56, Florida Statutes.

DEFENDANT KENNETH M. WILKINSON

RECORD LACK OF IMMUNITY

453. The Plaintiff public corruption victims are suing Defendant Kenneth M. Wilkinson in his

private individual capacity and his official capacity as Crooked Lee County Property

Appraiser. Defendant Wilkinson’s “land parcel” forgeries, unlawful and criminal acts on

record were outside any immunity and official capacity.

FALSIFICATION OF “Rule 38 motion”

454. Defendant Crooked Kenneth M. Wilkinson knew and fraudulently concealed that he had

never filed and signed any “Rule 38 motion”. No mandated “judgment” under Rule 38,

Fed.R.App.P. existed. See certified true and correct copy of Docket, Case No. 2:2007-cv-

00228.

PROSECUTION UNDER CIVIL RICO

455. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Kenneth M. Wilkinson perpetrated record

RICO predicate acts such as, e.g., extortion, obstruction of justice, and retaliation.

456. Defendant Kenneth M. Wilkinson knew that his “motion”, “Rule 27-4”, Fed.R.App.Proc.,

Doc. # 386-2, was for prima facie illegal and criminal purposes of extorting money and

property, obstructing justice, retaliating, and racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same

practices [of having conclusively proven and exposed Government extortion,

racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth

115
 M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request

that this Court require the Appellant to pay a monetary penalty into the Court for

filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

457. Defendant Crooked Kenneth M. Wilkinson injured the Plaintiff record property and

business owners by reasons of publicly recorded violations of Section 1962. See Section

1964(C). Plaintiffs are holding legal and beneficial interests in their Cayo Costa business and

property, riparian Lot 15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See

Section 1961(3). Plaintiffs demand recovery for both tangible and intangible property

losses, business interruptions, and other losses as a direct and proximate result of Defendant

K. M. Wilkinson’s extortion, racketeering, and obstruction of justice.

458. In particular, Defendant Crooked Official K. M. Wilkinson extorted money, fees, and

property under prima facie false pretenses of “frivolity” and “vexatiousness”, falsified

“land parcels”, and a “writ”, Doc. # 425, while fraudulently concealing that Lee County,

FL, had never owned and could not have possibly owned Plaintiffs’ Cayo Costa business and

property as a matter of law. See business records on file by eminent domain Attorneys at

Brigham Moore.

459. Said Defendant knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

116
 c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

d. No appellee had filed any “Rule 38 motion”;

e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

460. Said Defendant K. M. Wilkinson fraudulently concealed that

“(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment
shall be served not later than 10 days after entry of the judgment, except that this rule
does not affect the remedies in rule 1.540(b).”

See Doc. # 386-5, Case No. 2:2007-cv-00228.

18 U.S.C. § 1962 VIOLATIONS

461. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant

Wilkinson’s Section 1962 violations, which proximately and directly resulted from the

publicly recorded commissions of the predicate acts such as, e.g., extortion, retaliation,

fraud, fraud on the State and Federal Courts, fraudulent concealment of facially forged “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake

“writ of execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

117
462. Defendant Wilkinson acquired control and conspired with other Officials to acquire

control of Plaintiffs’ Lee County property and business through, e.g., organized crime such

as, e.g.:

a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

d. Profiteering from extra-judicial crimes and bribes.

FOR BRIBES DEFENDANT FRAUDULENTLY CONCEALED BINDING PRECEDENT

463. In exchange for bribes, Defendant Racketeer Wilkinson concealed and conspired with

other Officials and U.S. Circuit & District Judges to conceal binding precedent:

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490

(11th Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959)

DEFENDANT WILKINSON’S SECTION 1962(B) LIABILITY

464. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Wilkinson has been collecting an

unlawful debt to acquire and maintain an illegal interest in and control of the prima facie

illicit “park” enterprise in the private, undedicated, residential “Cayo Costa” Subdivision

as platted in 1912, PB 3 PG 25. Plaintiffs’ injuries flowed directly from Defendant

Wilkinson’s and other Officials’ maintenance and acquisition of control of the “park”,

entertainment, and recreation enterprise, and acquisition and/or maintenance of control of

118
 falsified “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” with an

area of Hundreds of Acres along the “Gulf of Mexico” and “Charlotte Harbor”, PB 3 PG 25.

465. Section 1962(B) provides that:

“It shall be unlawful for any person through a pattern of racketeering activity or
through collection of an unlawful debt to acquire or maintain, directly or indirectly,
any interest in or control of any enterprise which is engaged in, or the activities of
which affect, interstate or foreign commerce.”

DEFENDANT’S SECTION 1962(C) LIABILITY & “ASSOCIATION”

466. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Wilkinson has been collecting an

unlawful debt and participated in the conduct and affairs of said Government enterprise.

Plaintiffs’ injuries flowed directly from Defendant Wilkinson’s and other Officials’

participation in said record Government “land parcel” extortion and fraud scheme, ##

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”, and the participation in

Government fraud and extortion schemes of “frivolity” and “vexatiousness”.

467. Section 1962(c) provides that:

“It shall be unlawful for any person employed by or associated with any enterprise

engaged in, or the activities of which affect, interstate or foreign commerce, to

conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs

through a pattern of racketeering activity or collection of unlawful debt.”

468. The Plaintiffs proved

1. The existence of Defendant(s)’ entertainment and recreational enterprise affecting

interstate commerce;

119
 2. That the Defendants were associated with the “State Park and Recreation”

enterprise;

3. That Defendant participated, either directly or indirectly, in the conduct or the

affairs of said entertainment enterprise; and

4. That Defendants participated through a pattern of racketeering activity, which

included the allegation of at least two racketeering acts such as, e.g., extortion,

bribery, obstruction of justice, and retaliation.

469. As Lee County Property Appraiser, Defendant Wilkinson had a very meaningful

connection between the illegal enterprise and the racketeering and extortion of land,

money, and fees for the enterprise under color of, e.g., office and authority.

470. Defendant Wilkinson extorted and concealed, and conspired to extort and conceal, that

he procedure on execution did not accord with the procedure of the State of Florida. See

Fed.R.Civ.P. 69. Defendant knew that Florida procedure required a recorded and certified

judgment, which here had never existed. The Court never had any authority to award

“$5,048.60”, and the judgment issued as mandate on 06/11/2009 in the amount of $24.30 had

been paid. The prima facie fraudulent “affidavit” by Defendant Racketeer JACK N.

PETERSON fraudulently pretended a “07/29/2009” “judgment”, Doc. # 432-2, Case No.

2:2007-cv-00228, which all Defendants knew, concealed, and conspired to conceal had

never existed. See also Ch. 55, 56, Florida Statutes.

COERCION

471. On the record, Defendant Wilkinson expressly stated his intent to coerce the Plaintiffs to

refrain from prosecution and extort fees and Plaintiffs’ property:

120
 “5. In order to discourage the Appellant from engaging in the same practices in this

Court, the Appellee would respectfully request that this Court require the Appellant to

pay a monetary penalty into the Court for filing his frivolous motion to strike.” See

Case No. 2:2007-cv-00228, Doc. # 386-2, p. 2.

472. Defendant Wilkinson fraudulently pretended and deceived this Court that he filed a

motion for “sanctions for Busse’s pursuit of a frivolous appeal”, “Rule 38”, Fed.R.App.P.

See Case No. 2:2007-cv-00228, Doc. # 386, p. 3.

473. Defendant Wilkinson knew and concealed that there had neither been any “Rule 38

motion” nor any “frivolous appeal” and mandated “judgment”. See Case No. 2:2007-cv-

00228.

474. Defendant Wilkinson knew and concealed that no “motion pursuant to Eleventh Circuit

Rule 27-4 for an order sanctioning the Appellant for filing a frivolous motion…” had ever

appeared on said U.S. Circuit Court’s Case Docket.

475. Defendant Wilkinson fabricated:

“8. The judgment remains outstanding and unpaid in its entirety.” Id.

No outstanding and unpaid mandated judgment existed. Id.

DEFENDANT SHERRI L. JOHNSON

BRIBERY AND CORRUPTION

476. Defendant Sherri L. Johnson knew and fraudulently concealed that the Defendants had

bribed Defendant Crooked Judge Sheri Polster Chappell and John E. Steele.

477. Defendant Johnson knew and fraudulently concealed that Defendant Kenneth M.

Wilkinson had forged fake “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-

00001.0000”. See PB 3 PG 25 (1912).

121
 CONSPIRACY TO CONCEAL PUBLIC CORRUPTION

478. Defendant S. L. Johnson and Defendant Chappell conspired with other Officials and

Defendants to conceal said forgeries.

CONSPIRACY TO SLANDER PLAINTIFFS’ RECORD TITLE

479. Defendant Johnson conspired with other Officials and Defendants to slander Plaintiffs’

unimpeachable and unencumbered record title to said riparian Lot 15A. In particular,

Defendant Johnson fraudulently concealed that the Plaintiffs perfectly own the platted

adjoining riparian street land on the Gulf of Mexico, PB 3 PG 25 (1912).

PROSECUTION UNDER CIVIL RICO

480. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Sherri L. Johnson perpetrated record RICO

predicate acts such as, e.g., extortion, obstruction of justice, and retaliation.

481. Defendant Sherri L. Johnson knew that Defendant K. M. Wilkinson’s “motion”, “Rule

27-4”, Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same

practices [of having conclusively proven and exposed Government extortion,

racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth

M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request

that this Court require the Appellant to pay a monetary penalty into the Court for

filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

122
 INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

482. Defendant Crooked Attorney S. L. Johnson injured the Plaintiff record property and

business owners by reasons of publicly recorded violations of Section 1962. See Section

1964(C). Plaintiffs are holding legal and beneficial interests in their Cayo Costa business and

property, riparian Lot 15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See

Section 1961(3). Plaintiffs demand recovery for both tangible and intangible property

losses, business interruptions, and other losses as a direct and proximate result of Defendant

S. L. Johnson’s extortion, racketeering, and obstruction of justice.

483. In particular, Defendant Crooked Official S. L. Johnson extorted money, fees, and

property under prima facie false pretenses of “frivolity” and “vexatiousness”, falsified

“land parcels”, and a “writ”, Doc. # 425, while fraudulently concealing that Lee County,

FL, had never owned and could not have possibly owned Plaintiffs’ Cayo Costa business and

property as a matter of law. See business records on file by eminent domain Attorneys at

Brigham Moore.

484. Said Defendant knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

d. No appellee had filed any “Rule 38 motion”;

e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

123
 h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

485. Said Defendant fraudulently concealed that

“(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment

shall be served not later than 10 days after entry of the judgment, except that this rule

does not affect the remedies in rule 1.540(b).”

See Doc. # 386-5, Case No. 2:2007-cv-00228.

18 U.S.C. § 1962 VIOLATIONS

486. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant

Johnson’s Section 1962 violations, which proximately and directly resulted from the

publicly recorded commissions of the predicate acts such as, e.g., extortion, retaliation,

fraud, fraud on the State and Federal Courts, fraudulent concealment of facially forged “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake

“writ of execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

487. Defendant Johnson acquired control and conspired with other Officials to acquire

control of Plaintiffs’ Lee County property and business through, e.g., organized crime such

as, e.g.:

a. Exercising various forms of extortion;

124
 b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

d. Profiteering from extra-judicial crimes and bribes.

FOR BRIBES DEFENDANT FRAUDULENTLY CONCEALED BINDING PRECEDENT

488. In exchange for bribes, Defendant Johnson concealed and conspired with other Officials

and U.S. Circuit & District Judges to conceal binding precedent:

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490

(11th Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959)

DEFENDANT JOHNSON’S SECTION 1962(B) LIABILITY

489. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Johnson has been collecting an

unlawful debt to acquire and maintain an illegal interest in and control of the prima facie

illicit “park” enterprise in the private, undedicated, residential “Cayo Costa” Subdivision

as platted in 1912, PB 3 PG 25. Plaintiffs’ injuries flowed directly from Defendant Johnson’s

and other Officials’ maintenance and acquisition of control of the “park”, entertainment, and

recreation enterprise, and acquisition and/or maintenance of control of falsified “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” with an area of

Hundreds of Acres along the “Gulf of Mexico” and “Charlotte Harbor”, PB 3 PG 25.

490. Section 1962(B) provides that:

“It shall be unlawful for any person through a pattern of racketeering activity or
through collection of an unlawful debt to acquire or maintain, directly or indirectly,
any interest in or control of any enterprise which is engaged in, or the activities of
which affect, interstate or foreign commerce.”

125
 DEFENDANT’S SECTION 1962(C) LIABILITY & “ASSOCIATION”

491. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Johnson has been collecting an

unlawful debt and participated in the conduct and affairs of said Government enterprise.

Plaintiffs’ injuries flowed directly from Defendant Johnson’s and other Officials’

participation in said record Government “land parcel” extortion and fraud scheme, ##

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”, and the participation in

Government fraud and extortion schemes of “frivolity” and “vexatiousness”.

492. Section 1962(c) provides that:

“It shall be unlawful for any person employed by or associated with any enterprise
engaged in, or the activities of which affect, interstate or foreign commerce, to
conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs
through a pattern of racketeering activity or collection of unlawful debt.”

493. The Plaintiffs proved

1. The existence of Defendant(s)’ entertainment and recreational enterprise affecting

interstate commerce;
2. That the Defendants were associated with the “State Park and Recreation”
enterprise;
3. That Defendant participated, either directly or indirectly, in the conduct or the
affairs of said entertainment enterprise; and
4. That Defendants participated through a pattern of racketeering activity, which
included the allegation of at least two racketeering acts such as, e.g., extortion,
bribery, obstruction of justice, and retaliation.

494. As a Judicial Officer and Attorney asserting Defendant Wilkinson’s prima facie

fraudulent defenses, claims, falsifications, and forgeries, Defendant Johnson had a very

meaningful connection between the illegal enterprise and the racketeering and extortion of

land, money, and fees for the enterprise under color of, e.g., office and authority.

126
495. Defendant Johnson extorted and concealed, and conspired to extort and conceal, that he

procedure on execution did not accord with the procedure of the State of Florida. See

Fed.R.Civ.P. 69. Defendant knew that Florida procedure required a recorded and certified

judgment, which here had never existed. The Court never had any authority to award

“$5,048.60”, and the judgment issued as mandate on 06/11/2009 in the amount of $24.30 had

been paid. The prima facie fraudulent “affidavit” by Defendant Racketeer JACK N.

PETERSON fraudulently pretended a “07/29/2009” “judgment”, Doc. # 432-2, Case No.

2:2007-cv-00228, which all Defendants knew, concealed, and conspired to conceal had

never existed. See also Ch. 55, 56, Florida Statutes.

RULE 38 EXTORTION AND FRAUD SCHEME OF RECORD

496. Pursuant to Fed.R.App.P. 39, costs may be taxed against the appellant, if a judgment is

affirmed. Defendant Johnson knew and concealed that the “costs allowed” and/or taxed were

“$24.30”, Case No. 2:2007-cv-00228, Doc. ## 365, p. 15; 386-3, p. 15. Def. Johnson

concealed that no costs were ever allowed under purported “Rule 38”.

497. “FRAP 38, Frivolous Appeal - Damages and Costs” provides that

“if a court of appeals determines that an appeal is frivolous, it may, after a separately

filed motion or notice from the court and reasonable opportunity to respond, award

just damages and single or double costs to the appellee.”

498. Defendant Johnson knew and fraudulently concealed that pursuant to 11th Cir. R. 38-1,

Time for Filing Motions, Motions for damages and costs pursuant to FRAP 38 must be filed

no later than the filing of appellee’s brief. Here, Defendant Johnson had tendered and/or filed

his prima facie fraudulent brief on 08/08/2008. See Appellate Case No. 2008-13170-BB,

127
 certified Docket sheet. Admittedly, Defendant Racketeer Wilkinson never filed any “Rule 38

motion” before 08/08/2008.

499. Admittedly, Defendant “land parcel” Forger Wilkinson had never filed any Rule 38

motion. Rule 38 only provided for “damages” and “costs”. Here, Defendant Wilkinson had

never filed any such motion and perpetrated fraud on the Court. See certified Docket.

Defendant Johnson concealed said “Rule 38 motion”-fraud-scheme and conspiracy to extort.

128
 DEFENDANT EUGENE C. TURNER

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

500. Dr. Jorg Busse is suing Defendant Eugene C. Turner in his private individual capacity

and official capacity as Circuit Court Judge, 20th Judicial Circuit in and for Collier County,

Florida. Defendant Turner’s criminal and unlawful acts on record were outside any immunity

and official capacity.

PROSECUTION UNDER CIVIL RICO

501. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Turner perpetrated record RICO predicate

acts such as, e.g., extortion, obstruction of justice, and retaliation.

502. Defendant Turner knew and fraudulently concealed that Granada Condominium Homes

Association, Inc. and its Agents extorted money and property, because Def. E. C. Turner

held interests in bankrupt bank Orion.

503. Defendant Turner failed to disclose his interests in Granada Condo Association Inc.’s

Agent, bankrupt Orion bank.

504. Defendant Turner obstructed justice, lawful accounting, and audits.

505. Defendant Turner knew and fraudulently concealed that bankrupt Orion Bank had

failed.

506. Defendant Turner knew that said Association’s legal action was for prima facie illegal

and criminal purposes of extorting money and property, obstructing justice, retaliating,

and racketeering.

507. Dr. Jorg Busse was entitled to defend against and prosecute recorded extortion,

racketeering, corruption, fraud, and be free of retaliation and oppression.

129
 INJURY TO DR. BUSSE’S PROPERTY AND BUSINESS

508. Defendant Turner injured Dr. Jorg Busse, record Naples property and business owner,

by reasons of publicly recorded violations of Section 1962. See Section 1964(C). Dr. Busse

is holding legal and beneficial interests in his Naples business and property. See Case No.

2009 02617CC.

509. Plaintiffs demand recovery for both tangible and intangible property losses, business

interruptions, and other losses as a direct and proximate result of Defendant Turner’s

extortion, racketeering, and obstruction of justice.

510. Plaintiffs demand full disclosure of Def. Eugene C. Turner’s interests in any and all

agents of Granada Condominium Homes, and in particular in bankrupt Orion Bank.

DEFENDANT LEE COUNTY, FL, COMMISSIONERS AND COMMISSION

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

511. The Plaintiff public corruption victims are suing Defendant Corrupt Lee County,

Florida, Commissioners in their private individual capacities and official capacity as

Commissioners, Lee County, FL, Commission. Said Defendant Commissioners’ criminal and

unlawful acts on record were outside any immunity and official capacity.

RECORD FALSIFICATIONS, FRAUD, EXTORTION, AND BRIBERY

512. Defendant County Commissioners knew and fraudulently concealed publicly recorded

retaliation, racketeering, and extortion of Plaintiffs’ Cayo Costa property under

fraudulent pretenses of prima facie falsified “land parcels” “12-44-20-01-00000.00A0”

and “07-44-21-01-00001.0000”.

130
 CONSPIRACY TO EXTORT, DEFRAUD, AND DEPRIVE

513. Said Defendant County Commissioners conspired with other Government Officials and

Defendants such as, e.g., JACK N. PETERSON and KENNETH M. WILKINSON, to extort

money, fees, and property under facially false pretenses of a falsified and/or forged

“regulation”, “O.R. 569/875”, and/or “law”, which all Def. Commissioners knew had never

legally existed and had never been legally recorded.

CONCEALMENT OF PUBLICLY RECORDED CAYO COSTA “CLOUD REMOVAL”

514. Further record evidence of said Defendants’ fraudulent concealment and the publicly

recorded racketeering and extortion of private land and money were the “removal of any

cloud”, as conclusively evidenced by, e.g.:

a. Lee County Blue Sheet No. 980206, Board of County Commissioners, Meeting Date
03-24-1998, Received by County Lands Division on 03/26/1998;
b. Lee County Official Records 2967 / 1084 through 1090;
c. Lee County Official Record 1651 / 2488;
d. Lee County fraudulent “Inventory Control File” on record, Lee County Division of
County Lands.

PROSECUTION OF DEF. COUNTY COMMISSIONERS UNDER CIVIL RICO

515. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Commissioners perpetrated record RICO

predicate acts such as, e.g., extortion, obstruction of justice, and retaliation.

516. Defendant Commissioners knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-

4”, Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same
practices [of having conclusively proven and exposed Government extortion,
racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth
M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request

131
 that this Court require the Appellant to pay a monetary penalty into the Court for
filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

517. Defendant Crooked Commissioners injured the Plaintiff record property and business

owners by reasons of publicly recorded violations of Section 1962. See Section 1964(C).

Plaintiffs are holding legal and beneficial interests in their Cayo Costa business and property,

riparian Lot 15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section

1961(3); PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th

Circuit Apr. 21, 2009). Plaintiffs demand recovery for both tangible and intangible

property losses, business interruptions, and other losses as a direct and proximate result of

Defendant Commissioners’ extortion, racketeering, and obstruction of justice.

518. In particular, Defendant Crooked Commissioners extorted money, fees, and property

under prima facie false pretenses of “frivolity” and “vexatiousness”, falsified “land

parcels”, and a “writ”, Doc. # 425, while fraudulently concealing that Lee County, FL, had

never owned and could not have possibly owned Plaintiffs’ Cayo Costa business and

property as a matter of law. See business records on file by eminent domain Attorneys at

Brigham Moore.

519. Said Defendant knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

132
 d. No appellee had filed any “Rule 38 motion”;

e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

520. Said Defendant fraudulently concealed that

“(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment
shall be served not later than 10 days after entry of the judgment, except that this rule
does not affect the remedies in rule 1.540(b).”

See Doc. # 386-5, Case No. 2:2007-cv-00228.

18 U.S.C. § 1962 VIOLATIONS

521. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant

Commissioners’ Section 1962 violations, which proximately and directly resulted from the

publicly recorded commissions of the predicate acts such as, e.g., extortion, retaliation,

fraud, fraud on the State and Federal Courts, fraudulent concealment of facially forged “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake

“writ of execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

522. Defendant Commissioners acquired control and conspired with other Officials to

acquire control of Plaintiffs’ Lee County property and business through, e.g., organized

crime such as, e.g.:

133
 a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

d. Profiteering from extra-judicial crimes and bribes.

FOR BRIBES DEFENDANT FRAUDULENTLY CONCEALED BINDING PRECEDENT

523. In exchange for bribes, Defendant Commissioners concealed and conspired with other

Officials and U.S. Circuit & District Judges to conceal binding precedent:

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490

(11th Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959)

DEFENDANT COMMISSION’S SECTION 1962(B) LIABILITY

524. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Commissioners has been collecting an

unlawful debt to acquire and maintain an illegal interest in and control of the prima facie

illicit “park” enterprise in the private, undedicated, residential “Cayo Costa” Subdivision

as platted in 1912, PB 3 PG 25. Plaintiffs’ injuries flowed directly from Defendant

Commission’s and other Officials’ maintenance and acquisition of control of the “park”,

entertainment, and recreation enterprise, and acquisition and/or maintenance of control of

falsified “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” with an

area of Hundreds of Acres along the “Gulf of Mexico” and “Charlotte Harbor”, PB 3 PG 25.

525. Section 1962(B) provides that:

“It shall be unlawful for any person through a pattern of racketeering activity or
through collection of an unlawful debt to acquire or maintain, directly or indirectly,

134
 any interest in or control of any enterprise which is engaged in, or the activities of
which affect, interstate or foreign commerce.”

DEFENDANT’S SECTION 1962(C) LIABILITY & “ASSOCIATION”

526. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Commission has been collecting an

unlawful debt and participated in the conduct and affairs of said Government enterprise.

Plaintiffs’ injuries flowed directly from Defendant Commissioners’ and other Officials’

participation in said record Government “land parcel” extortion and fraud scheme, ##

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”, and the participation in

Government fraud and extortion schemes of “frivolity” and “vexatiousness”.

527. Section 1962(c) provides that:

“It shall be unlawful for any person employed by or associated with any enterprise
engaged in, or the activities of which affect, interstate or foreign commerce, to
conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs
through a pattern of racketeering activity or collection of unlawful debt.”

528. The Plaintiffs proved

1. The existence of Defendant(s)’ entertainment and recreational enterprise affecting

interstate commerce;
2. That the Defendants were associated with the “State Park and Recreation”
enterprise;
3. That Defendant participated, either directly or indirectly, in the conduct or the
affairs of said entertainment enterprise; and
4. That Defendants participated through a pattern of racketeering activity, which
included the allegation of at least two racketeering acts such as, e.g., extortion,
bribery, obstruction of justice, and retaliation.

529. As County Commissioners, Defendants had a most meaningful connection between the

illegal enterprise and the racketeering and extortion of land, money, and fees for the

enterprise under color of, e.g., office and authority.

135
530. Defendant Commissioners extorted and concealed, and conspired to extort and conceal,

that he procedure on execution did not accord with the procedure of the State of Florida. See

Fed.R.Civ.P. 69. Defendant knew that Florida procedure required a recorded and certified

judgment, which here had never existed. The Court never had any authority to award

“$5,048.60”, and the judgment issued as mandate on 06/11/2009 in the amount of $24.30 had

been paid. The prima facie fraudulent “affidavit” by Defendant Racketeer JACK N.

PETERSON fraudulently pretended a “07/29/2009” “judgment”, Doc. # 432-2, Case No.

2:2007-cv-00228, which all Defendants knew, concealed, and conspired to conceal had

never existed. See also Ch. 55, 56, Florida Statutes.

PERVERSION OF LAW & RULES FOR RACKETEERING PURPOSES

531. Pursuant to Fed.R.App.P. 39, costs may be taxed against the appellant, if a judgment is

affirmed. Defendant Commissioners knew and concealed that the “costs allowed” and/or

taxed were “$24.30”, Case No. 2:2007-cv-00228, Doc. ## 365, p. 15; 386-3, p. 15. Def.

Commissioners concealed that no costs were ever allowed under purported “Rule 38”.

RULE 38 RACKETEERING AND FRAUD SCHEME

532. “FRAP 38, Frivolous Appeal - Damages and Costs” provides that

“if a court of appeals determines that an appeal is frivolous, it may, after a separately

filed motion or notice from the court and reasonable opportunity to respond, award

just damages and single or double costs to the appellee.”

533. Defendant Commissioners knew and fraudulently concealed that pursuant to 11th Cir. R.

38-1, Time for Filing Motions, Motions for damages and costs pursuant to FRAP 38 must be

filed no later than the filing of appellee’s brief. Here, Defendant had tendered and/or filed his

prima facie fraudulent brief on or before 08/08/2008. See Appellate Case No. 2008-13170-

136
 BB, certified Docket sheet. Admittedly, Defendant Racketeer Wilkinson never filed any

“Rule 38 motion” before 08/08/2008.

534. Admittedly, Defendant “land parcel” Forger Wilkinson had never filed any Rule 38

motion. Rule 38 only provided for “damages” and “costs”. Here, Defendant Wilkinson had

never filed any such motion and perpetrated fraud on the Court. See certified Docket.

Defendant Commissioners concealed said “Rule 38 motion”-fraud-scheme and conspiracy to

extort.

DEFENDANT ED CARNES

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

535. The Plaintiff public corruption victims are suing Defendant Crooked Ed Carnes in his

private individual capacity and official capacity as U.S. Circuit Judge, 11th Circuit.

Defendant Ed Carnes’s criminal and unlawful acts on record were outside any immunity and

official capacity.

CONCEALMENT OF PUBLICLY RECORDED CAYO COSTA “CLOUD REMOVAL”

536. Further record evidence of the publicly recorded racketeering and extortion of private

land and money were the “removal of any cloud”, as conclusively evidenced by, e.g.:

a. Lee County Blue Sheet No. 980206, Board of County Commissioners, Meeting Date 3-

24-1998, Received by County Lands Division on 03/26/1998.

b. Lee County Official Records 2967 / 1084 through 1090;

c. Lee County Official Record 1651 / 2488;

d. Lee County fraudulent “Inventory Control File” on record, Lee County Division of

County Lands.

137
 PROSECUTION UNDER CIVIL RICO

537. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Ed Carnes perpetrated record RICO

predicate acts such as, e.g., extortion, obstruction of justice, and retaliation.

538. Defendant Ed Carnes knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-4”,

Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same
practices [of having conclusively proven and exposed Government extortion,
racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth
M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request
that this Court require the Appellant to pay a monetary penalty into the Court for
filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

539. Defendant Crooked Ed Carnes injured the Plaintiff record property and business owners

by reasons of publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs

are holding legal and beneficial interests in their Cayo Costa business and property, riparian

Lot 15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3);

PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th Circuit Apr.

21, 2009). Plaintiffs demand recovery for both tangible and intangible property losses,

business interruptions, and other losses as a direct and proximate result of Defendant Carnes’

extortion, racketeering, and obstruction of justice.

540. In particular, Defendant Crooked Official Ed Carnes extorted money, fees, and property

under prima facie false pretenses of “frivolity” and “vexatiousness”, falsified “land

138
 parcels”, and a “writ”, Doc. # 425, while fraudulently concealing that Lee County, FL, had

never owned and could not have possibly owned Plaintiffs’ Cayo Costa business and

property as a matter of law. See business records on file by eminent domain Attorneys at

Brigham Moore.

541. Said Defendant knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

d. No appellee had filed any “Rule 38 motion”;

e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

542. Said Defendant fraudulently concealed that

“(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment

shall be served not later than 10 days after entry of the judgment, except that this rule

does not affect the remedies in rule 1.540(b).”

See Doc. # 386-5, Case No. 2:2007-cv-00228.

139
 18 U.S.C. § 1962 VIOLATIONS

543. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant Carnes’

Section 1962 violations, which proximately and directly resulted from the publicly

recorded commissions of the predicate acts such as, e.g., extortion, retaliation, fraud, fraud

on the State and Federal Courts, fraudulent concealment of facially forged “land parcels”

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake “writ of

execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

544. Defendant Ed Carnes acquired control and conspired with other Officials to acquire

control of Plaintiffs’ Lee County property and business through, e.g., organized crime such

as, e.g.:

a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

d. Profiteering from extra-judicial crimes and bribes.

FOR BRIBES DEFENDANT FRAUDULENTLY CONCEALED BINDING PRECEDENT

545. In exchange for bribes, Defendant Racketeer Ed Carnes concealed and conspired with

other Officials and U.S. Circuit & District Judges to conceal binding precedent:

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY, 41 F.3d 1490

(11th Cir.1995); Murrell v. United States, 269 F.2d 458 (5th Cir.1959)

140
 DEFENDANT CARNES’ SECTION 1962(B) LIABILITY

546. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Ed Carnes has been collecting an

unlawful debt to acquire and maintain an illegal interest in and control of the prima facie

illicit “park” enterprise in the private, undedicated, residential “Cayo Costa” Subdivision

as platted in 1912, PB 3 PG 25. Plaintiffs’ injuries flowed directly from Defendant Carnes’

and other Officials’ maintenance and acquisition of control of the “park”, entertainment, and

recreation enterprise, and acquisition and/or maintenance of control of falsified “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” with an area of

Hundreds of Acres along the “Gulf of Mexico” and “Charlotte Harbor”, PB 3 PG 25.

547. Section 1962(B) provides that:

“It shall be unlawful for any person through a pattern of racketeering activity or
through collection of an unlawful debt to acquire or maintain, directly or indirectly,
any interest in or control of any enterprise which is engaged in, or the activities of
which affect, interstate or foreign commerce.”

DEFENDANT’S SECTION 1962(C) LIABILITY & “ASSOCIATION”

548. Under color of prima facie falsified “writ of execution”, falsified “judgment”, fake

“$5,048.60 debt”, falsified “law”, “legislative act”, “regulation”, “resolution 569/875”,

“O.R. 569/875”, falsified “land parcels”, Defendant Ed Carnes has been collecting an

unlawful debt and participated in the conduct and affairs of said Government enterprise.

See Chapters 56 Final Process, and 51 Summary Procedure, Florida Statutes, and Florida’s

express Constitutional Guarantees of the Rights to own property and exclude Government.

549. Plaintiffs’ injuries flowed directly from Defendant Carnes’ and other Officials’

participation in said record Government “land parcel” extortion and fraud scheme, ##

141
 “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”, and the participation in

Government fraud and extortion schemes of “frivolity” and “vexatiousness”.

550. Section 1962(c) provides that:

“It shall be unlawful for any person employed by or associated with any enterprise
engaged in, or the activities of which affect, interstate or foreign commerce, to
conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs
through a pattern of racketeering activity or collection of unlawful debt.”

551. The Plaintiffs proved

1. The existence of Defendant(s)’ entertainment and recreational enterprise affecting

interstate commerce;
2. That the Defendants were associated with the “State Park and Recreation”
enterprise;
3. That Defendant participated, either directly or indirectly, in the conduct or the
affairs of said entertainment enterprise; and
4. That Defendants participated through a pattern of racketeering activity, which
included the allegation of at least two racketeering acts such as, e.g., extortion,
bribery, obstruction of justice, and retaliation.

552. As a Circuit Judge presiding over Defendants’ Appellees’ prima facie fraudulent

defenses, claims, falsifications, and forgeries, Defendant Ed Carnes had a most meaningful

connection between the illegal enterprise and the racketeering and extortion of land,

money, and fees for the enterprise under color of, e.g., office and authority.

553. Defendant Ed Carnes extorted and concealed, and conspired to extort and conceal, that

he procedure on execution did not accord with the procedure of the State of Florida. See

Fed.R.Civ.P. 69. Defendant knew that Florida procedure required a recorded and certified

judgment, which here had never existed. The Court never had any authority to award

“$5,048.60”, and the judgment issued as mandate on 06/11/2009 in the amount of $24.30 had

been paid. The prima facie fraudulent “affidavit” by Defendant Racketeer JACK N.

PETERSON fraudulently pretended a “07/29/2009” “judgment”, Doc. # 432-2, Case No.

142
 2:2007-cv-00228, which all Defendants knew, concealed, and conspired to conceal had

never existed. See also Ch. 55, 56, Florida Statutes.

PERVERSION OF LAW & RULES FOR RACKETEERING PURPOSES

554. Def. Carnes knew that pursuant to Fed.R.App.P. 39, costs may be taxed against the

appellant, if a judgment is affirmed. Defendant Ed Carnes knew and concealed that the “costs

allowed” and/or taxed were “$24.30”, Case No. 2:2007-cv-00228, Doc. ## 365, p. 15; 386-3,

p. 15. Def. Carnes concealed that no costs were ever allowed under purported “Rule 38”.

RULE 38 RACKETEERING AND FRAUD SCHEME

555. “FRAP 38, Frivolous Appeal - Damages and Costs” provides that

“if a court of appeals determines that an appeal is frivolous, it may, after a separately

filed motion or notice from the court and reasonable opportunity to respond, award

just damages and single or double costs to the appellee.”

556. Defendant Carnes knew and fraudulently concealed that pursuant to 11th Cir. R. 38-1,

Time for Filing Motions, Motions for damages and costs pursuant to FRAP 38 must be filed

no later than the filing of appellee’s brief. Here, Defendant Carnes had tendered and/or filed

his prima facie fraudulent brief on 08/08/2008. See Appellate Case No. 2008-13170-BB,

certified Docket sheet. Admittedly, Defendant Racketeer Wilkinson never filed any “Rule 38

motion” before 08/08/2008.

557. Admittedly, Defendant “land parcel” Forger Wilkinson had never filed any Rule 38

motion. Rule 38 only provided for “damages” and “costs”. Here, Defendant Wilkinson had

never filed any such motion and perpetrated fraud on the Court. See certified Docket.

Defendant Ed Carnes concealed said “Rule 38 motion”-fraud-scheme and conspiracy to

extort.

143
 DEFENDANT JOHN MANNING

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

558. The Plaintiff public corruption victims are suing Defendant Corrupt John E. Manning in

his private individual capacity and official capacity as Lee County Commissioner, Florida.

Defendant Manning’s criminal and unlawful acts on record were outside any immunity and

official capacity. Defendant had a criminal record.

CONCEALMENT OF PUBLICLY RECORDED CAYO COSTA “CLOUD REMOVAL”

559. Def. John Manning concealed record evidence of the publicly recorded racketeering

and extortion of private land and money and the “removal of any cloud”, as conclusively

evidenced by, e.g.:

a. Lee County Blue Sheet No. 980206, Board of County Commissioners, Meeting Date 3-

24-1998, Received by County Lands Division on 03/26/1998.

b. Lee County Official Records 2967 / 1084 through 1090;

c. Lee County Official Record 1651 / 2488;

d. Lee County fraudulent “Inventory Control File” on record, Lee County Division of

County Lands.

DEF. MANNING’S PROSECUTION UNDER CIVIL RICO

560. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer John E. Manning perpetrated record RICO

predicate acts such as, e.g., extortion, obstruction of justice, and retaliation.

561. Defendant John Manning knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-

4”, Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

144
 “In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same
practices [of having conclusively proven and exposed Government extortion,
racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth
M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request
that this Court require the Appellant to pay a monetary penalty into the Court for
filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

562. Defendant Crooked John Manning injured the Plaintiff record property and business

owners by reasons of publicly recorded violations of Section 1962. See Section 1964(C).

Plaintiffs are holding legal and beneficial interests in their Cayo Costa business and property,

riparian Lot 15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section

1961(3); PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th

Circuit Apr. 21, 2009). Plaintiffs demand recovery for both tangible and intangible

property losses, business interruptions, and other losses as a direct and proximate result of

Defendant John Manning’s extortion, racketeering, and obstruction of justice.

563. In particular, Defendant Crooked Official John Manning extorted money, fees, and

property under prima facie false pretenses of “frivolity” and “vexatiousness”, falsified

“land parcels”, and a “writ”, Doc. # 425, while fraudulently concealing that Lee County,

FL, had never owned and could not have possibly owned Plaintiffs’ Cayo Costa business and

property as a matter of law. See business records on file by eminent domain Attorneys at

Brigham Moore.

564. Said Defendant knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

145
 b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

d. No appellee had filed any “Rule 38 motion”;

e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

DEFENDANT UNITED STATES OF AMERICA, U.S. AGENTS

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

565. The Plaintiff public corruption victims are suing Defendant Corrupt United States of

America Agents in their private individual capacities and official capacity as U.S. Officials.

The deliberate deprivations were criminal and unlawful acts on record and outside any

immunity and official capacity.

CONCEALMENT OF PUBLICLY RECORDED CAYO COSTA “CLOUD REMOVAL”

566. U.S. Agents fraudulently concealed record evidence of the publicly recorded

racketeering and extortion of private land as legally described in reference to the 1912

Cayo Costa Subdivision Plat of Survey in PB 3, PG 25, and of money, and the recorded

“removal of any cloud” as conclusively evidenced by, e.g.:

a. Lee County Plat Book 3, Page 25 (1912);

b. Lee County Blue Sheet No. 980206, Board of County Commissioners, Meeting Date 3-

24-1998, Received by County Lands Division on 03/26/1998.

146
 c. Lee County Official Records 2967 / 1084 through 1090;

d. Lee County Official Record 1651 / 2488;

e. Lee County fraudulent “Inventory Control File” on record, Lee County Division of

County Lands.

PROSECUTION UNDER CIVIL RICO

567. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant U.S. Agents perpetrated record RICO predicate acts

such as, e.g., extortion, obstruction of justice, and retaliation.

RETALIATION OF RECORD

568. In retaliation, Defendant U.S. Agents recklessly and disparately denied Plaintiff Dr.

Busse his immigration privileges and benefits.

569. Dr. Busse was entitled to

a. Complain about the Government corruption, bribery, racketeering, and extortion, and

b. Be free of retaliation, and

c. Redress his published and recorded Government grievances by jury trial under, e.g., the

7th, 1st, and 14th U.S. Constitutional Amendments.

570. Dr. Busse was entitled to receive equal immigration benefits and privileges and

redress the illegal retaliatory denial.

CONCEALMENT AND CONSPIRACY TO CONCEAL

571. The U.S. Agents knew, concealed, and conspired to conceal that Defendant K. M.

Wilkinson’s “motion”, “Rule 27-4”, Fed.R.App.Proc., Doc. # 386-2, was for prima facie

illegal and criminal purposes of extorting money and property, obstructing justice,

retaliating, and racketeering:

147
 “In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same
practices [of having conclusively proven and exposed Government extortion,
racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth
M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request
that this Court require the Appellant to pay a monetary penalty into the Court for
filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

572. U.S. Officials injured the Plaintiff record property and business owners by reasons of

publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs are holding

legal and beneficial interests in their Cayo Costa business and property, riparian Lot 15A “on

the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3); PRESCOTT

v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th Circuit Apr. 21, 2009).

Plaintiffs demand recovery for both tangible and intangible property losses, business

interruptions, and other losses as a direct and proximate result of U.S. Agents’ extortion,

racketeering, and obstruction of justice.

573. In particular, U.S. Officials extorted money, fees, and property under prima facie false

pretenses of “frivolity” and “vexatiousness”, falsified “land parcels”, and a “writ”, Doc. #

425, while fraudulently concealing that Lee County, FL, had never owned and could not

have possibly owned Plaintiffs’ Cayo Costa business and property as a matter of law. See

business records on file by eminent domain Attorneys at Brigham Moore.

574. U.S. Agents knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

148
 c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

d. No appellee had filed any “Rule 38 motion”;

e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

DEFENDANT HUGH D. HAYES

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

575. The Plaintiff public corruption victims are suing Defendant Corrupt Hugh D. Hayes in

his private individual capacity and official capacity as Circuit Court Judge for the 20th

Judicial Circuit in and for Collier County, Florida. Defendant Hayes’ criminal and unlawful

acts on record were outside any immunity and official capacity.

HAYES’ FRIVOLITY FRAUD SCHEME – FRAUD ON THE COURT

FRAUDULENT PRETENSES OF FRIVOLITY

576. Before Plaintiff had even filed his Court ordered Complaint, Hayes deliberately

deprived the Plaintiff of his right to jury trial and obstructed justice under fraudulent

pretenses of “frivolity”.

CONCEALMENT OF PUBLICLY RECORDED CAYO COSTA “CLOUD REMOVAL”

577. Hayes fabricated frivolity and fraudulently concealed the record evidence of the publicly

recorded racketeering and extortion of private land and money were the “removal of any

cloud”, as conclusively evidenced by, e.g.:

149
 a. Lee County Blue Sheet No. 980206, Board of County Commissioners, Meeting Date 3-

24-1998, Received by County Lands Division on 03/26/1998.

b. Lee County Official Records 2967 / 1084 through 1090;

c. Lee County Official Record 1651 / 2488;

d. Lee County fraudulent “Inventory Control File” on record, Lee County Division of

County Lands.

PROSECUTION UNDER CIVIL RICO

578. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Hugh D. Hayes perpetrated record RICO predicate

acts such as, e.g., extortion, obstruction of justice, and retaliation.

579. Defendant previously recused Judge Hayes knew that Defendant K. M. Wilkinson’s

“motion”, “Rule 27-4”, Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and

criminal purposes of extorting money and property, obstructing justice, retaliating, and

racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same
practices [of having conclusively proven and exposed Government extortion,
racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth
M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request
that this Court require the Appellant to pay a monetary penalty into the Court for
filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

580. Defendant Hugh D. Hayes injured the Plaintiff record property and business owners by

reasons of publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs are

150
 holding legal and beneficial interests in their Cayo Costa business and property, riparian Lot

15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3).

INJURY TO PLAINTIFF’S NAPLES PROPERTY AND BUSINESS

581. Defendant Hugh D. Hayes injured the Plaintiff record property and business owner by

reasons of publicly recorded violations of Section 1962. See Section 1964(C). Plaintiff is

holding legal and beneficial interests in her Naples business and property. See Section

1961(3).

582. Def. Hayes knew that Plaintiff failed bank had been bankrupt and that Plaintiff

bankrupt bank’s founder, Alfred Camner, was not any authorized Counsel for Plaintiff

bankrupt bank.

583. Def. Hayes knew that admittedly Plaintiff bankrupt bank had lost and/or destroyed

any and all alleged debt evidence and that Plaintiff bankrupt bank’s action by its troubled

founder was on its face non-meritorious, fraudulent, and/or frivolous. Because admittedly

the bankrupt bank did not know the time and manner of destruction and/or loss, Plaintiff

failed bank could not have possibly “reestablished” that which had never existed.

DEFENDANT JOHN LEY

DESTRUCTION AND ALTERATION OF OFFICIAL RECORDS

584. With corrupt intent to obtain illegal benefits, Defendant John Ley unlawfully destroyed

and altered official Government records.

CONSPIRACY TO DESTROY AND ALTER OFFICIAL COURT DOCUMENTS

585. With corrupt intent to obtain illegal benefits, Defendant John Ley conspired to

unlawfully destroyed and alter official records.

151
 FALSIFICATIONS OF OFFICIAL COURT RECORDS

586. Def. Ley falsified and/or caused others to falsify official court records.

587. Def. Ley concealed the lack of any “judgment” and “bill of costs” in the amount of

“$5,048.60” by Defendant Appellee Wilkinson. See Plaintiffs’ 07/20/2010 Certified Letter to

John Ley.

DESTRUCTION OF RECORDS, CASE NO. 2010-10963

588. Def. Ley destroyed and/or caused others to destroy the official records in Case ## 2010-

10963 and 2010-10967. See Exhibits.

FALSIFICATION OF “APPEAL” AND “CASE”

589. Def. Ley falsified an appeal as conclusively evidenced by the public records of appeal

fees paid by the Plaintiffs.

CONCEALMENT

590. Def. Ley knew and concealed that on or around 08/14/2008, Plaintiff Appellant Dr. Jorg

Busse had filed “Appellant’s motion to strike appellee property appraiser’s motion for

damages and costs as frivolous”, because Appellee “land parcel” Forger and Racketeer

Wilkinson was extorting money and land under color of prima facie falsified “land parcels”

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”.

591. Def. Ley knew and concealed that on or around 08/18/2008, Plaintiff Appellant Dr. Jorg

Busse had filed “Motion for Sanctions Against Appellees Lee County”, because Appellees

Lee County extorted property and money under color of authority and had never owned the

falsified and forged land parcels.

152
 RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

592. The Plaintiff public corruption victims are suing Defendant John Ley in his private

individual capacity and official capacity as U.S. Circuit Clerk, 11th Circuit. Defendant Ley’s

criminal and unlawful acts on record were outside any immunity and official capacity.

CONCEALMENT OF PUBLICLY RECORDED CAYO COSTA “CLOUD REMOVAL”

593. Further record evidence of the publicly recorded racketeering and extortion of private

land and money were the “removal of any cloud”, as conclusively evidenced by, e.g.:

a. Lee County PB 3, PG 25 (1912);

b. Lee County Blue Sheet No. 980206, Board of County Commissioners, Meeting Date 3-

24-1998, Received by County Lands Division on 03/26/1998.

c. Lee County Official Records 2967 / 1084 through 1090;

d. Lee County Official Record 1651 / 2488;

e. Lee County fraudulent “Inventory Control File” on record, Lee County Division of

County Lands.

PROSECUTION UNDER CIVIL RICO

594. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Ley perpetrated record RICO predicate acts such as,

e.g., extortion, obstruction of justice, and retaliation.

595. Defendant Ley knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-4”,

Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same
practices [of having conclusively proven and exposed Government extortion,
racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth
M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request

153
 that this Court require the Appellant to pay a monetary penalty into the Court for
filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

596. Defendant Ley injured the Plaintiff record property and business owners by reasons of

publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs are holding

legal and beneficial interests in their Cayo Costa business and property, riparian Lot 15A “on

the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3); PRESCOTT

v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th Circuit Apr. 21, 2009).

Plaintiffs demand recovery for both tangible and intangible property losses, business

interruptions, and other losses as a direct and proximate result of Defendant Ley’s extortion,

racketeering, and obstruction of justice.

597. In particular, Defendant Crooked Official Ley extorted money, fees, and property under

prima facie false pretenses of “frivolity” and “vexatiousness”, falsified “land parcels”, and

a “writ”, Doc. # 425, while fraudulently concealing that Lee County, FL, had never owned

and could not have possibly owned Plaintiffs’ Cayo Costa business and property as a matter

of law. See business records on file by eminent domain Attorneys at Brigham Moore.

598. Said Defendant knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

d. No appellee had filed any “Rule 38 motion”;

154
 e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

599. Said Defendant fraudulently concealed that

“(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment

shall be served not later than 10 days after entry of the judgment, except that this rule

does not affect the remedies in rule 1.540(b).”

See Doc. # 386-5, Case No. 2:2007-cv-00228.

18 U.S.C. § 1962 VIOLATIONS

600. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant Ley’s

Section 1962 violations, which proximately and directly resulted from the publicly

recorded commissions of the predicate acts such as, e.g., extortion, retaliation, fraud, fraud

on the State and Federal Courts, fraudulent concealment of facially forged “land parcels”

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake “writ of

execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

601. Defendant Ley acquired control and conspired with other Officials to acquire control of

Plaintiffs’ Lee County property and business through, e.g., organized crime such as, e.g.:

155
 a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

d. Profiteering from extra-judicial crimes and bribes.

DEFENDANT RICHARD JESSUP

LACK OF IMMUNITY, PERPETRATION OF ILLICIT ACTS & EXTORTION

602. The Plaintiff public corruption victims are suing Defendant Richard Jessup in his private

individual capacity and official capacity as U.S. Deputy Marshal (Fort Myers, FL).

Defendant Jessup’s criminal and unlawful acts, and in particular, the racketeering and

extortion of record under color of a prima facie illegal “writ of execution” on record were

outside any immunity and official capacity. See Doc. ## 425, 429, Case No. 2:2007-cv-

00228.

CONCEALMENT OF PUBLICLY RECORDED CAYO COSTA “CLOUD REMOVAL”

603. From direct communications with Plaintiffs, Def. Jessup knew the record evidence of

the publicly recorded racketeering and extortion of private land and money and the

“removal of any cloud”, as conclusively evidenced by, e.g.:

a. Lee County PB 3, Pg 25 (1912);

b. Lee County Blue Sheet No. 980206, Board of County Commissioners, Meeting Date 3-

24-1998, Received by County Lands Division on 03/26/1998.

c. Lee County Official Records 2967 / 1084 through 1090;

d. Lee County Official Record 1651 / 2488;

156
 e. Lee County fraudulent “Inventory Control File” on record, Lee County Division of

County Lands.

PROSECUTION UNDER CIVIL RICO

604. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Jessup perpetrated record RICO predicate

acts such as, e.g., extortion, obstruction of justice, and retaliation.

605. Defendant Jessup knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-4”,

Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same
practices [of having conclusively proven and exposed Government extortion,
racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth
M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request
that this Court require the Appellant to pay a monetary penalty into the Court for
filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

606. Defendant Jessup injured the Plaintiff record property and business owners by reasons of

publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs are holding

legal and beneficial interests in their Cayo Costa business and property, riparian Lot 15A “on

the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3); PRESCOTT

v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th Circuit Apr. 21, 2009).

Plaintiffs demand recovery for both tangible and intangible property losses, business

interruptions, and other losses as a direct and proximate result of Defendant Jessup’s

extortion, racketeering, and obstruction of justice.

157
607. In particular, Defendant Crooked Official Jessup extorted money, fees, and property

under prima facie false pretenses of “frivolity” and “vexatiousness”, falsified “land

parcels”, and a “writ”, Doc. # 425, while fraudulently concealing that Lee County, FL, had

never owned and could not have possibly owned Plaintiffs’ Cayo Costa business and

property as a matter of law. See business records on file by eminent domain Attorneys at

Brigham Moore.

608. Pursuant to the Affidavit served upon Def. Jessup, said Defendant Jessup knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

d. No appellee had filed any “Rule 38 motion”;

e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

609. Said Defendant fraudulently concealed that

“(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment

shall be served not later than 10 days after entry of the judgment, except that this rule

does not affect the remedies in rule 1.540(b).”

See Doc. # 386-5, Case No. 2:2007-cv-00228.

158
 18 U.S.C. § 1962 VIOLATIONS

610. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant

Jessup’s Section 1962 violations, which proximately and directly resulted from the publicly

recorded commissions of the predicate acts such as, e.g., extortion, retaliation, fraud, fraud

on the State and Federal Courts, fraudulent concealment of facially forged “land parcels”

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake “writ of

execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

611. Defendant Jessup illegally acquired control, and conspired with other Officials to

acquire control of Plaintiffs’ Lee County property and business through, e.g., organized

crime such as, e.g., Doc. # 429, Case No. 2:2007-cv-00228:

a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “writ”

[Doc. ## 425, 429], “debt” such as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

d. Profiteering from extra-judicial crimes and bribes.

DEFENDAN DIANE NIPPER

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

612. The Plaintiff public corruption victims are suing Defendant Diane Nipper in her private

individual capacity and official capacity as U.S. District Court Clerk. Defendant Nipper’s

criminal and unlawful acts on record were outside any immunity and official capacity.

159
 FALSIFICATION OF “writ of execution” and COVER-UP, DOC. # 425

613. Def. Nipper falsified a “writ of execution”, Doc. # 425, Case No. 2:2007-cv-00228.

614. On 07/16/2010, Def. Diane Nipper certified and authenticated a copy of the Docket, Case

No. 2:2007-cv-00228, which conclusively evidenced the lack of any record of falsified and

fabricated “appeal” “No. 09-13196”. See Fed.R.Civ.P. 44.

615. Def. Nipper knew and concealed that Def. Beverly B. Martin had falsified said “appeal”

for criminal purposes of extorting, racketeering, and retaliating against the Plaintiff

corruption victims.

CONCEALMENT OF PUBLICLY RECORDED CAYO COSTA “CLOUD REMOVAL”

616. Def. Nipper concealed record evidence of the publicly recorded racketeering and

extortion of private land and money under color of fake “land parcels” [see PB 3, PG 25

(1912)] and the fake “writ” Nipper had purportedly “issued”, Doc. # 425. Nipper concealed

to cover-up for other Government Agents:

a. Lee County Blue Sheet No. 980206, Board of County Commissioners, Meeting Date 3-

24-1998, Received by County Lands Division on 03/26/1998.

b. Lee County Official Records 2967 / 1084 through 1090;

c. Lee County Official Record 1651 / 2488;

d. Lee County fraudulent “Inventory Control File” on record, Lee County Division of

County Lands.

PROSECUTION UNDER CIVIL RICO

617. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Nipper perpetrated record RICO predicate acts such

as, e.g., extortion, obstruction of justice, and retaliation.

160
618. Defendant Nipper knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-4”,

Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same
practices [of having conclusively proven and exposed Government extortion,
racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth
M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request
that this Court require the Appellant to pay a monetary penalty into the Court for
filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

619. Defendant Crooked Clerk D. Nipper injured the Plaintiff record property and business

owners by reasons of publicly recorded violations of Section 1962. See Section 1964(C).

Plaintiffs are holding legal and beneficial interests in their Cayo Costa business and property,

riparian Lot 15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section

1961(3); PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th

Circuit Apr. 21, 2009). Plaintiffs demand recovery for both tangible and intangible

property losses, business interruptions, and other losses as a direct and proximate result of

Defendant Nipper’s extortion, racketeering, and obstruction of justice.

620. In particular, Defendant Crooked Official Nipper extorted money, fees, and property

under prima facie false pretenses of “frivolity” and “vexatiousness”, falsified “land

parcels”, and a “writ”, Doc. # 425, while fraudulently concealing that Lee County, FL, had

never owned and could not have possibly owned Plaintiffs’ Cayo Costa business and

property as a matter of law. See business records on file by eminent domain Attorneys at

Brigham Moore.

161
621. Said Defendant knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

d. No appellee had filed any “Rule 38 motion”;

e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

DEFENDANT LYNN GERALD, JR.

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

622. The Plaintiff public corruption victims are suing Defendant Corrupt Lynn Gerald, Jr., in

his private individual capacity and official capacity as Lee County Circuit Court Judge,

Case No. 2006-CA-003185 [LATER ILLEGALLY REMOVED BY DEF. JOHN EDWIN

STEELE AND S. POLSTER CHAPPELL, WHO DESTROYED THE OFFICIAL

RECORDS; see 2:2008-cv-00899]. Defendant Gerald’s criminal and unlawful acts on record

were outside any immunity and official capacity.

162
 CONCEALMENT

623. Defendant Lynn Gerald, Jr., concealed publicly recorded extortion and racketeering

scheme “O.R. 569/875”. Def. Gerald knew that Lee County had never owned the prima facie

forged “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”.

COVER-UP AND BRIBERY

624. In exchange for bribes, Def. Gerald covered-up for the Lee County Defendants and

concealed the extortion under color of fake “parcels”.

BRIBERY AND RACKETEERING

625. Def. Gerald extended the racketeering and extortion of record in exchange for

Defendant Lee County’s bribes.

626. Def. Gerald fraudulently concealed record evidence of the publicly recorded

racketeering and extortion of private land and money were the “removal of any cloud”, as

conclusively evidenced by, e.g.:

a. Lee County PB 3 PG 25 (1912);

b. Lee County Blue Sheet No. 980206, Board of County Commissioners, Meeting Date 3-

24-1998, Received by County Lands Division on 03/26/1998.

c. Lee County Official Records 2967 / 1084 through 1090;

d. Lee County Official Record 1651 / 2488;

e. Lee County fraudulent “Inventory Control File” on record, Lee County Division of

County Lands.

163
 PROSECUTION UNDER CIVIL RICO

627. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Gerald perpetrated record RICO predicate

acts such as, e.g., extortion, obstruction of justice, and retaliation.

628. Defendant Gerald knew that Plaintiffs and Dr. Jorg Busse were entitled to defend against

and prosecute recorded extortion, racketeering, corruption, fraud, and be free of

retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

629. Defendant Crooked Gerald injured the Plaintiff record property and business owners by

reasons of publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs are

holding legal and beneficial interests in their Cayo Costa business and property, riparian Lot

15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3);

PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th Circuit Apr.

21, 2009). Plaintiffs demand recovery for both tangible and intangible property losses,

business interruptions, and other losses as a direct and proximate result of Defendant

Gerald’s extortion, racketeering, and obstruction of justice.

DEFENDANT KENNETH L. RYSKAMP

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

630. The Plaintiff public corruption victims are suing Defendant Kenneth L. Ryskamp in his

private individual capacity and official capacity as U.S. District Judge, M.D. of Florida,

Palm Beach Division. Defendant Ryskamp’s criminal and/or unlawful acts on record were

outside any immunity and official capacity. In particular, Def. Ryskamp knew and

fraudulently concealed Defendants’ fraudulent Government ownership claims and forged

164
 “land parcels”, which he could not find on the 1912 Cayo Costa Subdivision Plat in Lee

County Plat Book 3, Page 25.

EXTENSION OF PUBLIC CORRUPTION

631. Def. Ryskamp extended Florida’s culture of Government corruption and racketeering.

FRAUD ON THE COURT

632. In particular, Def. Ryskamp could not locate the facially falsified “land parcels” on the

referenced Plat, PB 3 PG (1912), but Defendant kept keeping the Plaintiffs out of Court.

CASE FIXING AND DESTRUCTION OF OFFICIAL RECORDS

633. Def. Ryskamp destroyed and/or caused others to destroy about half of Plaintiffs’

Complaint in the Palm Beach Division of the Middle District of Florida.

634. After Ryskamp had destroyed the official Court records, he fixed and closed the

Plaintiffs’ Case and concealed the record “land parcel” falsifications and forgeries for

purposes of Government extortion and retaliation.

CONCEALMENT OF PUBLICLY RECORDED CAYO COSTA “CLOUD REMOVAL”

635. Ryskamp fraudulently concealed record evidence of the publicly recorded racketeering

and extortion of private land and money and the “removal of any cloud”, as conclusively

evidenced by, e.g.:

a. Lee County Plat Book 3, Page 25 (1912);

b. Lee County Blue Sheet No. 980206, Board of County Commissioners, Meeting Date 3-

24-1998, Received by County Lands Division on 03/26/1998.

c. Lee County Official Records 2967 / 1084 through 1090;

d. Lee County Official Record 1651 / 2488;

165
 e. Lee County fraudulent “Inventory Control File” on record, Lee County Division of

County Lands.

PROSECUTION UNDER CIVIL RICO

636. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Ryskamp perpetrated record RICO

predicate acts such as, e.g., extortion, obstruction of justice, and retaliation.

Plaintiffs were entitled to defend against and prosecute recorded extortion, racketeering,

corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

637. Defendant Crooked Ryskamp fixed Plaintiffs’ Case and injured the Plaintiff record

property and business owners by reasons of publicly recorded violations of Section 1962. See

Section 1964(C). Plaintiffs are holding legal and beneficial interests in their Cayo Costa

business and property, riparian Lot 15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-

00015.015A. See Section 1961(3); PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx.

395, 396-97 (11th Circuit Apr. 21, 2009). Plaintiffs demand recovery for both tangible and

intangible property losses, business interruptions, and other losses as a direct and proximate

result of Defendant Ryskamp’s obstruction of justice, extortion, and racketeering.

DEFENDANT CHARLIE CRIST

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

638. The Plaintiff public corruption and racketeering victims are suing Defendant Charlie

Crist in his private individual capacity and official capacity as Governor of the State of

Florida, who petitioned for the 19th Florida Statewide Grand Jury on Public Corruption.

166
 OBSTRUCTION OF JUSTICE

639. When directly confronted with well-known Government extortion, fraud, and

racketeering scheme “O.R. 569/875” and facially forged “land parcels” which Def. Crist

could not find on the Cayo Costa Subdivision Plat, PB 3 PG 25 (1912), Crist concealed the

Government crimes and obstructed due process, equal protection, investigation, and

prosecution.

NO IMMUNITY FOR COVER-UP OF GOVERNMENT CRIMES & EXTORTION

640. Defendant Crist’s criminal and/or unlawful acts on record were outside any immunity and

official capacity. In particular, Def. Crist knew and fraudulently concealed Defendants’

fraudulent Government ownership claims of private Cayo Costa land and forged “land

parcels”, which Crist could not find on the 1912 Cayo Costa Subdivision Plat in Lee County

Plat Book 3, Page 25.

EXTENSION OF PUBLIC CORRUPTION

641. Def. Crist extended Florida’s pandemic culture of Government corruption and

racketeering by obstructing justice, investigation, and installing Defendant John E. Manning

who had a criminal record related to, e.g., concealment and non-disclosure.

FRAUD, DECEPTION, AND TRICKERY

642. In particular, Def. Crist could not locate the facially falsified “land parcels” on the

referenced Plat, PB 3 PG (1912), but Defendant Crist kept obstructing any investigation of

the prima facie extortion of land and money and the racketeering under color of fake “land

parcels”.

167
 CONCEALMENT OF PUBLICLY RECORDED CAYO COSTA “CLOUD REMOVAL”

643. Def. Crist fraudulently concealed record evidence of the publicly recorded racketeering

and extortion of private land and money and the “removal of any cloud”, as conclusively

evidenced by, e.g.:

a. Lee County Plat Book 3, Page 25 (1912);

b. Lee County Blue Sheet No. 980206, Board of County Commissioners, Meeting Date 3-

24-1998, Received by County Lands Division on 03/26/1998.

c. Lee County Official Records 2967 / 1084 through 1090;

d. Lee County Official Record 1651 / 2488;

e. Lee County fraudulent “Inventory Control File” on record, Lee County Division of

County Lands.

PROSECUTION UNDER CIVIL RICO

644. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Charlie Crist perpetrated record RICO predicate acts

such as, e.g., extortion, obstruction of justice, and retaliation. The Plaintiffs were entitled

to defend against and prosecute recorded extortion, racketeering, corruption, fraud, and

be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

645. Defendant Crooked Crist injured the Plaintiff record property and business owners by

reasons of publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs are

holding legal and beneficial interests in their Cayo Costa business and property, riparian Lot

15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3);

PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th Circuit Apr.

168
 21, 2009). Plaintiffs demand recovery for both tangible and intangible property losses,

business interruptions, and other losses as a direct and proximate result of Defendant Crist’s

obstruction of justice, extortion, and racketeering.

646. Def. Crist knew and concealed that the extorted private land is worth Hundreds of

Millions of Dollars and that no “State park” had ever existed in the admittedly undedicated

private residential Cayo Costa Subdivision as patently clearly proven by said 1912 record

Subdivision Plat of Survey in Plat Book 3, Page 25.

DEFENDANT CHARLES “BARRY” STEVENS

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

647. The Plaintiff public corruption and racketeering victims are suing Defendant Charles

“Barry” Stevens in his private individual capacity and official capacity as “Park Ranger”,

“Cayo Costa State Park”.

OBSTRUCTION OF JUSTICE

648. Defendant Stevens could not find prima facie forged “land parcels” on the Cayo Costa

Subdivision Plat, but continued fires and caused others to start fires on extorted land within

the private undedicated residential Cayo Costa Subdivision, PB 3 PG 25 (1912).

SLANDER OF TITLE

649. Def. Stevens recklessly slandered Plaintiffs’ unimpeachable record title to Lot 15A,

Cayo Costa, even though Def. Stevens knew that Defendants Lee County, FL, had made

fraudulent “land ownership” claims and conspired to fraudulently conceal the facially

falsified “land parcels” of public record.

169
650. Stevens knew that public corruption is pandemic in Florida and that the Def. Governor

of the State of Florida, Charlie Crist, had successfully petitioned for the 19th Florida

Statewide Grand Jury on Public Corruption.

CRIMINAL & CIVIL TRESPASS, AND ARSON

651. Defendant Stevens trespassed and caused others to trespass onto private undedicated

Cayo Costa and concealed Plaintiffs’ private implied street and alley easements, PB 3, PG

25. See Doc. # 429, Case No. 2:2007-cv-00228.

652. Def. Stevens started and encouraged others to start fires and perpetrate arson in private

Cayo Costa. In 2008, Hundreds of Acres of private Cayo Costa Subdivision land burnt down

injuring the Plaintiffs.

FRAUD, EXTORTION, DELIBERATE DEPRIVATIONS

653. Def. Stevens obstructed justice extended Government extortion, fraud, and racketeering

scheme “O.R. 569/875” and facially forged “land parcels” which Defendants Stevens and

Crist could not find on the Cayo Costa Subdivision Plat, PB 3 PG 25 (1912). Def. Stevens

concealed the publicly recorded Government crimes, and obstructed due process, equal

protection, investigation, and prosecution.

NO IMMUNITY FOR COVER-UP OF GOVERNMENT CRIMES & EXTORTION

654. Defendant’s criminal and/or unlawful acts on record were outside any immunity and

official capacity. In particular, Def. Stevens knew and fraudulently concealed Defendants’

fraudulent Government ownership claims of private Cayo Costa land and forged “land

parcels”, which Stevens could not find on the 1912 Cayo Costa Subdivision Plat in Lee

County Plat Book 3, Page 25.

170
 EXTENSION OF PUBLIC CORRUPTION

655. Def. Stevens extended Florida’s pandemic culture of Government corruption and

racketeering by obstructing justice, investigation, and installing Defendant John E. Manning

who had a criminal record related to, e.g., concealment and non-disclosure.

FRAUD, DECEPTION, AND TRICKERY

656. In particular, Def. Stevens could not locate the facially falsified “land parcels” on the

referenced Plat, PB 3 PG (1912), but Defendant Stevens kept obstructing any investigation

of the prima facie extortion of land and money and the racketeering under color of known

fake “land parcels”.

CONCEALMENT OF PUBLICLY RECORDED CAYO COSTA “CLOUD REMOVAL”

657. Def. Stevens fraudulently concealed record evidence of the publicly recorded

racketeering and extortion of private land and money and the “removal of any cloud”, as

conclusively evidenced by, e.g.:

a. Lee County Plat Book 3, Page 25 (1912);

b. Lee County Blue Sheet No. 980206, Board of County Commissioners, Meeting Date 3-

24-1998, Received by County Lands Division on 03/26/1998.

c. Lee County Official Records 2967 / 1084 through 1090;

d. Lee County Official Record 1651 / 2488;

e. Lee County fraudulent “Inventory Control File” on record, Lee County Division of

County Lands.

PROSECUTION UNDER CIVIL RICO

658. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant “Barry” Stevens perpetrated record RICO predicate

171
 acts such as, e.g., extortion, obstruction of justice, and retaliation. The Plaintiffs were

entitled to defend against and prosecute recorded extortion, racketeering, corruption,

fraud, and be free of retaliation and oppression. See Doc. # 429, Case No. 2:07-cv-00228.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

659. Defendant Crooked Stevens injured the Plaintiff record property and business owners by

reasons of publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs are

holding legal and beneficial interests in their Cayo Costa business and property, riparian Lot

15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3);

PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th Circuit Apr.

21, 2009). Plaintiffs demand recovery for both tangible and intangible property losses,

business interruptions, and other losses as a direct and proximate result of Defendant

Steven’s obstruction of justice, extortion, racketeering, and cover-up.

660. Def. Stevens knew and concealed that the extorted private land is worth Hundreds of

Millions of Dollars and that no “State park” had ever existed in the admittedly undedicated

private residential Cayo Costa Subdivision as patently clearly proven by said 1912 record

Subdivision Plat of Survey in Plat Book 3, Page 25.

DEFENDANT TONY WEST

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

661. The Plaintiff public corruption victims are suing Defendant Tony West in his private

individual capacity and official capacity as U.S. Attorney, Civil Division. Defendant West’s

criminal and unlawful acts on record were outside any immunity and official capacity.

172
 CONCEALMENT OF PUBLICLY RECORDS

662. Def. West concealed fake land parcels and record evidence of the publicly recorded

racketeering and extortion of private land and money and the “removal of any cloud”, as

conclusively evidenced by, e.g.:

a. Lee County Blue Sheet No. 980206, Board of County Commissioners, Meeting Date 3-

24-1998, Received by County Lands Division on 03/26/1998.

b. Lee County Official Records 2967 / 1084 through 1090;

c. Lee County Official Record 1651 / 2488;

d. Lee County fraudulent “Inventory Control File” on record, Lee County Division of

County Lands.

PROSECUTION UNDER CIVIL RICO

663. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer West perpetrated record RICO predicate

acts such as, e.g., extortion, obstruction of justice, and retaliation.

664. Defendant West knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-4”,

Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same

practices [of having conclusively proven and exposed Government extortion,

racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth

M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request

that this Court require the Appellant to pay a monetary penalty into the Court for

filing his frivolous motion to strike.” Id., p. 2.

173
 Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

665. Defendant Crooked West injured the Plaintiff record property and business owners by

reasons of publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs are

holding legal and beneficial interests in their Cayo Costa business and property, riparian Lot

15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3);

PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th Circuit Apr.

21, 2009). Plaintiffs demand recovery for both tangible and intangible property losses,

business interruptions, and other losses as a direct and proximate result of Defendant’s

extortion, racketeering, and obstruction of justice.

666. In particular, Defendant Crooked Official West extorted money, fees, and property

under prima facie false pretenses of “frivolity” and “vexatiousness”, falsified “land

parcels”, and a “writ”, Doc. # 425, while fraudulently concealing that Lee County, FL, had

never owned and could not have possibly owned Plaintiffs’ Cayo Costa business and

property as a matter of law. See business records on file by eminent domain Attorneys at

Brigham Moore.

667. Said Defendant knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

d. No appellee had filed any “Rule 38 motion”;

174
 e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

668. Said Defendant fraudulently concealed that

“(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment

shall be served not later than 10 days after entry of the judgment, except that this rule

does not affect the remedies in rule 1.540(b).”

See Doc. # 386-5, Case No. 2:2007-cv-00228.

18 U.S.C. § 1962 VIOLATIONS

669. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant Tony

West’s Section 1962 violations, which proximately and directly resulted from the publicly

recorded commissions of the predicate acts such as, e.g., extortion, retaliation, fraud, fraud

on the State and Federal Courts, fraudulent concealment of facially forged “land parcels”

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake “writ of

execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

670. Defendant West acquired control and conspired with other Officials to acquire control

of Plaintiffs’ Lee County property and business through, e.g., organized crime such as, e.g.:

175
 a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

671. Profiteering from extra-judicial crimes and bribes.

DEFENDANT MARK ALLAN PIZZO

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

672. The Plaintiff public corruption victims are suing Defendant Corrupt Mark Allan Pizzo in

his private individual capacity and official capacity as U.S. Magistrate Judge. Defendant

Pizzo’s criminal and unlawful acts on record were outside any immunity and official capacity.

CONCEALMENT OF PUBLIC RECORDS AS TO CAYO COSTA

673. Def. Pizzo concealed and conspired to conceal record evidence of the publicly recorded

racketeering and extortion of private land and money and the “removal of any cloud”, as

conclusively evidenced by, e.g.:

a. Lee County Blue Sheet No. 980206, Board of County Commissioners, Meeting Date 3-

24-1998, Received by County Lands Division on 03/26/1998.

b. Lee County Official Records 2967 / 1084 through 1090;

c. Lee County Official Record 1651 / 2488;

d. Lee County fraudulent “Inventory Control File” on record, Lee County Division of

County Lands.

176
 PROSECUTION UNDER CIVIL RICO

674. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Pizzo perpetrated record RICO predicate

acts such as, e.g., extortion, obstruction of justice, and retaliation.

675. Defendant Pizzo knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-4”,

Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same

practices [of having conclusively proven and exposed Government extortion,

racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth

M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request

that this Court require the Appellant to pay a monetary penalty into the Court for

filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

676. Defendant Crooked Pizzo injured the Plaintiff record property and business owners by

reasons of publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs are

holding legal and beneficial interests in their Cayo Costa business and property, riparian Lot

15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3);

PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th Circuit Apr.

21, 2009). Plaintiffs demand recovery for both tangible and intangible property losses,

177
 business interruptions, and other losses as a direct and proximate result of Defendant Pizzo’s

extortion, racketeering, and obstruction of justice.

677. In particular, Defendant Crooked Official Pizzo extorted money, fees, and property

under prima facie false pretenses of “frivolity” and “vexatiousness”, falsified “land

parcels”, and a “writ”, Doc. # 425, while fraudulently concealing that Lee County, FL, had

never owned and could not have possibly owned Plaintiffs’ Cayo Costa business and

property as a matter of law. See business records on file by eminent domain Attorneys at

Brigham Moore.

678. Said Defendant knew that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

d. No appellee had filed any “Rule 38 motion”;

e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

679. Said Defendant fraudulently concealed that

178
 “(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment

shall be served not later than 10 days after entry of the judgment, except that this rule

does not affect the remedies in rule 1.540(b).”

See Doc. # 386-5, Case No. 2:2007-cv-00228.

18 U.S.C. § 1962 VIOLATIONS

680. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of Defendant Pizzo’s

Section 1962 violations, which proximately and directly resulted from the publicly

recorded commissions of the predicate acts such as, e.g., extortion, retaliation, fraud, fraud

on the State and Federal Courts, fraudulent concealment of facially forged “land parcels”

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake “writ of

execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

681. Defendant Pizzo acquired control and conspired with other Officials to acquire control

of Plaintiffs’ Lee County property and business through, e.g., organized crime such as, e.g.:

a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

d. Profiteering from extra-judicial crimes and bribes.

179
 DEFENDANT JOHNSON ENGINEERING, INC. XXX

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

682. The Plaintiff public corruption victims are suing Defendants Johnson Engineering, Inc.

and adopt by reference any and all Complaints of Record against said Defendant in this

Complaint.

683. Johnson Engineering fraudulently concealed the prima facie criminality and illegality of

said facially forged “land parcels”.

DEFENDANT ANNE CONWAY

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

684. The Plaintiff public corruption victims are suing Defendant Corrupt Anne Conway in

her private individual capacity and official capacity as U.S. Chief U.S. District Judge.

Defendant Conway’s criminal and unlawful acts on record were outside any immunity and

official capacity.

FRAUDULENT CONCEALMENT OF PUBLIC RECORDS & CORRUPTION

685. Further record evidence of the publicly recorded racketeering and extortion of private

land and money were the “removal of any cloud”, as conclusively evidenced by, e.g.:

a. Lee County Blue Sheet No. 980206, Board of County Commissioners, Meeting Date 3-

24-1998, Received by County Lands Division on 03/26/1998.

b. Lee County Official Records 2967 / 1084 through 1090;

c. Lee County Official Record 1651 / 2488;

d. Lee County fraudulent “Inventory Control File” on record, Lee County Division of

County Lands.

180
 PROSECUTION UNDER CIVIL RICO

686. The Civil RICO statute, 18 U.S.C. § 1964, 18 U.S.C. §§ 1961-1968, expressly

authorized civil remedies. Defendant Racketeer Conway perpetrated record RICO

predicate acts such as, e.g., extortion, obstruction of justice, and retaliation.

687. Defendant Conway knew that Defendant K. M. Wilkinson’s “motion”, “Rule 27-4”,

Fed.R.App.Proc., Doc. # 386-2, was for prima facie illegal and criminal purposes of

extorting money and property, obstructing justice, retaliating, and racketeering:

“In order to discourage the Appellant [Dr. Jorg Busse] from engaging in the same

practices [of having conclusively proven and exposed Government extortion,

racketeering, and corruption] in this Court, the Appellee [Def. Racketeer Kenneth

M. Wilkinson, Lee County Property Appraiser’s Office] would respectfully request

that this Court require the Appellant to pay a monetary penalty into the Court for

filing his frivolous motion to strike.” Id., p. 2.

Plaintiff Appellant, Dr. Jorg Busse, was entitled to defend against and prosecute recorded

extortion, racketeering, corruption, fraud, and be free of retaliation and oppression.

INJURY TO PLAINTIFFS’ CAYO COSTA PROPERTY AND BUSINESS

688. Defendant Crooked Conway injured the Plaintiff record property and business owners

by reasons of publicly recorded violations of Section 1962. See Section 1964(C). Plaintiffs

are holding legal and beneficial interests in their Cayo Costa business and property, riparian

Lot 15A “on the Gulf of Mexico”, Parcel # 12-44-20-01-00015.015A. See Section 1961(3);

PRESCOTT v. STATE OF FLORIDA, 343 Fed. Appx. 395, 396-97 (11th Circuit Apr.

21, 2009). Plaintiffs demand recovery for both tangible and intangible property losses,

181
 business interruptions, and other losses as a direct and proximate result of said Defendant’s

extortion, racketeering, and obstruction of justice.

689. In particular, Defendant Crooked Official Conway extorted money, fees, and property

under prima facie false pretenses of “frivolity” and “vexatiousness”, falsified “land

parcels”, and a “writ”, Doc. # 425, while fraudulently concealing that Lee County, FL, had

never owned and could not have possibly owned Plaintiffs’ Cayo Costa business and

property as a matter of law. See business records on file by eminent domain Attorneys at

Brigham Moore.

690. Said Defendant Chief Judge concealed and conspired with the Officials in her Court that

a. The 11th U.S. Appellate Circuit had purportedly DENIED “Appellee WILKERSON’S

Motion to Alter or Amend the Judgment”, Doc. # 386-5, p. 1;

b. The only judgment was for $24.30 under FRAP 39 for “copies”, Doc. ## 365, 386;

c. No judgment pursuant to Rule 38, Fed.R.App.P. had ever existed on any record;

d. No appellee had filed any “Rule 38 motion”;

e. No appellee had filed any “motion in pursuit of a frivolous appeal”;

f. The deadlines to file any motion had expired;

g. No “Appellee “WILKERSON” had existed;

h. The fabricated “$5,000 attorney’s fees”, Doc. # 386-5, were never incurred and could

not have possibly been incurred by Defendant Racketeer and “land parcel” Forger

Wilkinson.

691. Said Defendant fraudulently concealed that

182
 “(g) Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment

shall be served not later than 10 days after entry of the judgment, except that this rule

does not affect the remedies in rule 1.540(b).”

See Doc. # 386-5, Case No. 2:2007-cv-00228.

18 U.S.C. § 1962 VIOLATIONS

692. Pursuant to Section 1964(C), Plaintiffs suffered damages by reason of said Defendant’s

Section 1962 violations, which proximately and directly resulted from the publicly

recorded commissions of the predicate acts such as, e.g., extortion, retaliation, fraud, fraud

on the State and Federal Courts, fraudulent concealment of facially forged “land parcels”

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” under color of a fake “writ of

execution”, fake “judgment”, fake debt, fake “$5,048.60” debt, fake “ripeness

requirements”, et al. See Case No. 2:2007-cv-00228, Doc. ## 434, 432, 424, 422, 386, 338,

288, 282, 360, 87, 25, 5.

CONSPIRACY TO CORRUPTLY GAIN CONTROL OF PLAINTIFFS’ PROPERTY

693. Defendant Conway acquired control and conspired with other Officials to acquire

control of Plaintiffs’ Lee County property and business through, e.g., organized crime such

as, e.g.:

a. Exercising various forms of extortion;

b. Acquiring interest in Plaintiffs’ property in satisfaction of illegally procured “debt” such

as, e.g., “$5,048.60”;

c. Charging & collecting Government fees and for fictitious “frivolity” with usurious rates;

d. Profiteering from extra-judicial crimes and bribes.

183
 DEFENDANT CHARLIE GREEN

RECORD LACK OF IMMUNITY - PERPETRATION OF ILLICIT ACTS

694. The Plaintiff racketeering and public corruption victims are suing Defendant Charlie

Green in his private individual capacity and official capacity as Clerk of Courts, Lee

County, Florida. Defendant Green’s criminal and unlawful acts on record were outside any

immunity and official capacity.

695. Defendant Charlie Green, Lee County, FL, Clerk of Court’s Office, fraudulently

concealed the prima facie criminality, illegality, and nullity of “O.R. 569/875”.

696. Defendant Green fraudulently misrepresented “O.R. 569/875” as an “authentic

instrument”.

697. Defendant Green’s conspiracy to conceal and concealment of the facial illegality and

nullity of “O.R. 569/875” extended, e.g., known and recorded racketeering, extortion of

money and property, obstruction of justice, and retaliation against the Plaintiffs. Def.

Green fraudulently pretended and published that land extortion scheme “O.R. 569/875”

was a purported real property conveyance and/or deed while on its very face, “O.R. 569/875”

was null and void ab initio and without any color, legal description, execution, witnesses,

and legislative signatures.

DEFENDANT RICHARD D. DE BOEST, II

698. Defendant Richard D. DeBoest, II, fraudulently pretended outstanding assessments by

and on behalf of Granada Condominium Homes Association, Inc., Naples, FL, for illegal

purposes of extorting property and money as evidenced by, e.g., INSTRUMENT 4397277

OR 4539 PG 1977; OR 4539 PG 2033; and INSTR 4285498, OR 4445 PG 1665, Collier

County, FL, public records.

184
 CONSPIRACY AND FORECLOSURE FRAUD

699. In the absence of any recorded credible evidence of debt or non-payment, Def. De Boest,

II, conspired with other Attorneys to perpetrate foreclosure fraud and extort money and

property despite publicly recorded controverting evidence to the contrary.

DEFENDANT CHENE M. THOMPSON

700. Defendant Chene M. Thompson fraudulently pretended outstanding assessments by

and on behalf of Granada Condominium Homes Association, Inc., Naples, FL, for illegal

purposes of extorting property and money as evidenced by, e.g., INSTRUMENT 4397277

OR 4539 PG 1977; OR 4539 PG 2033; and INSTR 4285498, OR 4445 PG 1665, Collier

County, FL, public records.

FORECLOSURE FRAUD AND CONSPIRACY

701. In the absence of any recorded credible evidence of debt or non-payment, Defendant

Chene M. Thompson conspired with other Attorneys to perpetrate foreclosure fraud and

extort money and property despite publicly recorded controverting evidence to the contrary.

PLAINTIFFS’ DEMAND FOR JURY TRIAL

702. The Plaintiffs hereby demand jury trial for all claims for which a jury trial is allowed.

DEMAND OF $19,000,000.00 IN THIS ORIGINAL PROCEEDING

703. The Plaintiffs hereby expressly demand $19,000,000.00. See Civil Cover Sheet at VIII.

Requested in Complaint.

CIVIL COVER SHEET IN THIS ORIGINAL PROCEEDING

704. The Plaintiffs attached a Civil Cover Sheet (Form JS 44):

II. BASIS OF JURISDICTION

185
 2 U.S. Government Defendants.

The first listed Plaintiff is UNITED STATES ex relatione Dr. Jorg Busse and Jennifer
Franklin Prescott.

IV. NATURE OF SUIT

470 Racketeer Influenced and Corrupt Organizations
240 Torts to Land
220 Foreclosure
370 Other Fraud (Personal Property)
290 All Other Real Property
440 Other Civil Rights

DECLARATORY STATEMENT / AFFIDAVIT

705. The Plaintiffs declare:

a. This Court published at page 25 of its Pro Se Litigant Guide, Jan. 2010:

“The party that ultimately wins a lawsuit may be awarded certain costs of
litigation … If the plaintiff loses, however, the defendant(s) may file a Bill of
Costs against the plaintiff. These costs, which are explained more fully at 28
U.S.C. 1920, include expenses such as deposition costs …
A Bill of Costs form must be filed with the clerk within twenty-one (21) days after
the time for appeal has expired. A copy must be served on the opposing attorney
or pro se party. The Bill of Costs must be supported by a memorandum of law and
must be verified by oath stating that the items are correct, the costs claimed are
allowable by law, the services have been actually and necessarily performed …
An itemization of all costs shall be attached to the Bill of Costs. …”
b. Here as a matter of public record, there were

(a) NO filing within 21 days after the time for appeal had expired with the Clerk of

the U.S. District Court, Middle District of Florida or any other Clerk;

(b) NO Bill of Costs for the extorted “$5,000.00”;

(c) NO copy served upon the Plaintiffs;

(d) NO supporting “memorandum of law”;

(e) NO fraudulently pretended “July 29, 2009, judgment” whatsoever;

See INSTRUMENT 4371834, Collier County, FL, Public Records;

(f) NO “verification by oath”;

186
 (g) NO “itemization” of costs;

(h) NO services in the amount of “$5,000.00” ever “actually and necessarily

performed”;

(i) NO frivolous appeal;

c. The prima facie extortion of “$5,000.00” was of course not “allowable by law”.

d. $24.30 was the correct item;

e. $24.30 was allowable by law;

f. $24.30 worth of allowed services were “actually and necessarily performed” as stated

under oath by former Attorney for Defendant Appellee Kenneth M. Wilkinson,

Defendant Sherri L. Johnson, on 03/17/2009. See Doc. ## 365, 386.

g. Pursuant to binding 11th Appellate Circuit precedent, the lower or U.S. District Court

must receive a judgment before it could possibly “issue as mandate”. Here, the only

mandate issued was in the amount of $24.30 under FRAP 39, Costs, and not under

FRAP 38, Fed.R.App.P. Here, no frivolous appeal had ever or could have possibly ever

existed. See U.S. District Court and Circuit Court Dockets.

$24.30 JUDGMENT AND ISSUED MANDATE OF RECORD

706. Doc. # 365, Case No 2:2007-cv-00228, evidenced the only recorded judgment issued as

mandate in the amount of “$24.30”. The $24.30 mandate issued on June 11, 2009.

FRAUDULENT AFFIDAVIT, INSTRUMENT 4371834, COLLIER COUNTY, FL

707. Pursuant to INSTRUMENT 4371834, OR 4517 PG 1914, Collier County, Florida,

Public Records, Defendants KENNETH M. WILKINSON and JACK N. PETERSON

fraudulently claimed, pretended, asserted a “July 29, 2009”, “judgment”, which had never

existed and had never been recorded anywhere.

187
WHEREFORE, Plaintiff Government corruption and racketeering victims demand

1. An Order restraining and preventing the record violations of section 1962 under the RICO

civil provisions;

2. 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.

Florida, Fort Myers Division;

3. 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,

and fraud scheme

4. 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,

in the absence of any recorded “$5,048.60” “judgment”;

5. An Order dissolving and/or reorganizing the corrupt Government enterprise under, e.g., civil

RICO, and 18 U.S.C. 1964(a);

6. 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;

7. An EMERGENCY Order recusing Defendant Crooked, Objectively Partial, and Unfit

Government Racketeer John E. Steele;

8. 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

punishing, and extorting money, Government fees, and property;

188
9. 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;

10. An EMERGENCY Order recusing Defendant Crooked and Objectively Partial and Unfit

Judge C. E. Honeywell;

11. An EMERGENCY Order recusing Defendant Corrupt and Objectively Partial and Unfit

Judge S. Polster Chappell;

12. An Order for equitable relief;

13. An Order declaring Plaintiffs’ record title to Lot 15A, Cayo Costa, free & clear and

unencumbered;

14. An Order declaring fake “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-

00001.0000” falsified and prima facie forgeries as conclusively evidenced by the 1912

Cayo Costa Plat in Lee County Plat Book 3, Page 25;

15. An Order for EMERGENCY relief from the publicly recorded public corruption, extortion,

coercion, fraud, and concealment in said Courts;

16. An Order for compensatory damages;

17. An Order for triple punitive damages;

18. An Order for triple punitive damages under, e.g., Civil RICO, 18 U.S.C. § 1964, 1964(c);

19. An Order for expenses, costs, legal expenses, and fees;

20. An Order enjoining any and all Governments and the Defendants and Officials from any

trespass onto the private undedicated “Cayo Costa” “Subdivision” as legally described in

reference to said 1912 Plat in PB 3 PG 25;

189
21. An Order declaring the prima facie forgeries of non-existent “land parcels” “12-44-20-01-

00000.00A0” and “07-44-21-01-00001.0000” fraudulent and criminal acts of record;

22. An Order permanently enjoining any and all entries and publications of any “resolution

569/875”, “O.R. 569/875”, “legislative act 569/875”, and non-existent “land parcels” “12-

44-20-01-00000.00A0” and “07-44-21-01-00001.0000” from any and all Government

records and publications;

23. An Order permanently enjoining any and all Governments and Defendants from fraudulently

“claiming” “asserting” “publishing” Government ownership of the street lands along the

Gulf of Mexico as legally described and conveyed in reference to the Plat of the prima facie

private “Cayo Costa” Subdivision;

24. An Order enjoining and restraining any extortion of property and money and foreclosure

fraud by Defendants Eugene C. Turner, Richard D. DeBoest, II, Chene M. Thompson, and

Hugh D. Hayes.

___________________________
/s/Jorg Busse, M.D., M.M., M.B.A.
Private Attorney General; Relator; Plaintiff public corruption & racketeering victim
10 Benning ST, # 135
West Lebanon, NH 03784-3402, U.S.A.
c/o International Court of Justice
Peace Palace
The Hague, Netherlands
_____________________
/s/Jennifer Franklin Prescott
Private Attorney General; Relator; Plaintiff Government racketeering & corruption victim
10 Benning Street, # 135
West Lebanon, NH 03784-3402, U.S.A.
c/o International Court of Justice
Peace Palace
The Hague, Netherlands

190
 Case 1:10-cv-00321-JL Document 1-7 Filed 07/29/10 Page 1 of 6

EXHIBITS

SUPPORTING PUBLIC RECORD EVIDENCE

EXTOU I Jtifel, FRAUD, OBSTRUCTION OF JUSTICE, RETALIATION, B R f f i m K S S

A. FACIALLY FRAUDULENT^ AFFIDAVIT [ DI I S\C KTN. PEll-RSON. K. M.

WILKINSON] INSTR 4371834. O.R. 4517 PC 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

D. 07/21/2010 letter b\ Dcf. Racketeer JACK N. PETERSON

E. Def. CHARLIE GREEN'S recording instructions

F. RACKETEERING AND EXTORTION record evidence. Doc. # 429, Case 2:07-cv-228

G. Docket as CERTIFIED b\ Dcf. Diane Nipper on 07/16/2010, Case No. 2:07-cv-00228

Conclusively evidencing record absence of fictitious and fabricated appeal "09-13196"

H. FALSIFICATION of "appeal no 09-13196" b\ Def. Beverly B. Martin pursuant to

CERTIFIED docket at B.. which evidenced the lack ol any such "appear and the

yr/vo/Z/y^racketeering-and-evtortion-schcnie of record. "JUl 19 2010" CASE FIXING &

"DISMISSAL AS FRIVOLOUS"

I. DOC. # 434. 07/22/2010. b\ Def. .KM IN I . S fLRI I CASI< NO. 2:2(l07-CV-00228

J. Third Amended Complaint. Case No. 2:2007-cv-()O22,S. Doc. # 288. 282 (I 1 pages),

PRIMA FACIE NULL AND VOID "legislalive act" and/or "law '". Lake "O.R. 569/875",

FACIALLY FALSIFIED "regulalion" and/or "reso/ulion" attached as Page 9 of 11;

ETHICS COMPLAIN 1 against Del. Crooked Lee C oimi\ Official JACK N. PETERSON

Attached as Page 10 of I I

191
 Case 1:10-cv-00321-JL Document 1-7 Filed 07/29/10 Page 2 of 6

K. PRIMA FACIE FRAUDULENT and FRIVOLOUS motion by Defendant Racketeer and

"land parceT Forger K. M. Wilkinson: "Appellee Properly Appraiser's Motion for

Sanctions for Filing of a frivolous Motion". "Rule 2~-4". Case No. 2:2()07-cv-00228, Doc. #

386-2, pp 1-3. Doc. # 386-3. p. 15

L. BINDING PRECEDENT and RECORD EVIDENCE of OBSTRUCTION OF JUSTICE,

JUDICIAL RETALIATION, and EXTORTION under color of fake "judgment" & "vwV",

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY. 41 F.3d 1490(11*

Cir.1995); Murrell v. United States. 269 F.2d 458 (5"' Cir.1959)

M. Lee County. FU INSTRUMENT # 2010000171344. WARRANTY DEED Lot 15A, "Cayo

Costa. Lee County Plat Book 3. Page 25 (1912) (2 pages)

N. RECORD RACKETEERING EVIDENCE: "Motion for Issuance of writ of execution ...",

RECORDED EVIDENCE of EXTORTION. FRAUD & FALSIFICATION of un-recorded

judgment. Doc. # 386. Case No. 2:2007-cv-00228. by Def. Racketeer Jack N. Peterson;

PERVERSION of recorded "S24.30 judgment" into fake ••$5.()4X.60 debt"

O. Lee County Tax Collector's Office. Statement of Paid Properly faxes. Lot 15A. Cayo Costa

(2 pages)

P. DENIAL of "Appellee Wilkerson 's Motion to Alter or Amend the Judgment",

FALSIFICATION of-Rule 3<S motion", record evidence. Doc. # 386-5

FALSIFICATION of "Rule 3<S /udgi/ienf". record c\ idence. Doc. H 386-5

FALSIFICATION of "Rule 3<S bill of costs", record evidence. Doc. # 386-5

FALSIFICATION of unsubstantiated "$5,000 in attorneys fees". Doc. # 386-5

By Defendant Racketeers Dubina. Chief Judge. Tjollat. and Birch. Circuit Judges

Facially forged and pasted "certification". Doc. it 386-5. p. 2, right lower corner

192
 Case 1:10-cv-00321-JL Document 1-7 Filed 07/29/10 Page 3 of 6

Q. MEMORANDUM OF NO DEDICATION Of 1 HP C \ Y O COS I A ROADS TO PUBLIC,

From The Office of Lee Count). Florida. Attorney. Dec. 29. 2000. Joan C. Henry. Esq.

R. 1912 Plat of undedieated private "Caxo Costa" Subdivision in Lee County Plat Book 3, P. 25

S. Recorded Survey of riparian I ot I5A. Cayo Costa. PB 3 I'Ci 25 (1912) on the Gulf of Mexico

T. Fraudulent Lee County Inventory C 'antral 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)

U. Falsified "Parcel 12-44-20-01-0000(1 00A0" by Def. Racketeer Kenneth M. Wilkinson (2 p)

V. Falsified "resolution", "legislalive ael". and/or "law " by Def. Racketeer John Edwin Steele,

Doc. ## 288. 282, Case No. 2:2()07-c\ -00228

W. "Judgment Issued as Mandate June 11 2009". in the amount of $24.30. FRAP 39 (1 p)

RACKETEERING/EXTORTION EVIDENCE: March 5. 2009 "opinion"', 11th Circuit

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,

Case No. 2:2007-c\-00228: Doe. a 386.

Z. STATE Court Docket. Plaintiffs" Case No. 2006-CA-003185. BUSSE v. STATE OF

FLORIDA, Defendant Judge CrHRAI I). LYNN. Jr.. Filed 07/3 1/2006.

REMOVED to U.S. District Court by Def. Judges John I . Steele and S. Polstcr Chappell

AA. EXTORTION & PUBLIC CORRUPTION NO 1 ICE to Def. Drew Heathcoat, U.S.

Clerk (2 pages)

BB. Federal Bureau of Investigation Special Agent in Charge. Steven E. Ibison

CC. DESTRUCTION of official records as evidenced by search of "2007-00228", 11th

Circuit

DD. DESTRUCTION of Docket No. 201010963. U.S. Court of Appeals. 1 l,h Circuit

193
 Case 1:10-cv-00321-JL Document 1-7 Filed 07/29/10 Page 4 of 6

EE.CASE FIXING. OBSTRUCTION O F JUSTICE. AND RETALIATION by Def. Judges

Black, Carnes. and Martin, dated "JUl 19 2010"" (2 pages)

FF.NOTICE O F C O R R U P T I O N \ M ) LETTER DEMANDING AUTHENTICATION,

Def. JOHN LEY, U.S. Circuit Clerk. 1 l"' 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)

HH. Section 838.022, Florida Statutes. OFFICIAL MISCONDUCT

Chaptei 838. Fla. Slat.. BRIBERY. MISUSE O F PUBLIC O F F I C E

II. Case No. 2:2010-cv-00089. Doc. # 29. pp. 4. 7. Def. U.S. /Mlorney. Tony West, Matthew

L. Fesak, affirming U.S. jurisdiction under "c/V/7 RICO"

JJ. FACIALLY FALSIFIED "writ of execution". Case No 2:2()07-cv-00228. Doc. # 425

KK. Section 55.10. Florida Statutes. Judgments. .

Chapter 55 Judgments. Florida Statutes

LL. Defendant Racketeer K. M. Wilkinson's Answers to Plaintiffs First Set of

Interrogatories ,, under oath. 10/22/2007; in particular, asserting under oath the RECORD

ABSENCE of "public Cayo Costa easements". Answer 4 24

MM. Florida 19"' Statewide Grand J u r y on Public Corruption (09/30/2009 Petition),

Florida Statewide Prosecution Office. Office of the Attorney General of Florida.

NN. FALSIFIED "Plat" of "Cayo Costa Subdivision" as falsified and filed by Defendant

Racketeer K. M. Wilkinson as "Exhibit A", Case No. 2:2007-cv-00228

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, 11 th Circuit,

Doc. # 365, Case No. 2:2007-cv-00228

194
 Case 1:10-cv-00321-JL Document 1-7 Filed 07/29/10 Page 5 of 6

PP. Fraudulent Order. Case No. 2:2(K)7-cv-00228. Doc. tf 422. pp. 17-18. by Defendant

Racketeer John E. Steele, evidencing extortion, obstruction of justice, obstruction of court

access, and retaliation under fraudulent pretenses of. e.g.. "writ of execution", "lack of

jurisdiction", "ripeness recpnrements". "frivolity", "sanciions". and under color of authority

and office.

QQ. FBI Complaint against Def. Lee County Commissioner John Manning

RR. Concealment of fake unl. Doc. # 434. Case No. 2:20()7-ev-00228, by Def. J. E.

Steele

SS.FBI Complaint against Dcf. U.S. Circuit Judge Beverly B. Martin.

Including "JUL 19 2010" CASE FIXING FOR BRIBES and RACKETEERING

TT.Record Evidence of Destruction of Plaintiffs" Appeal Records. ## "10-10963. 10-10967'

UU. GOVERNMENTAL FORGERIES. "O.R. 569/875". FORENSIC EVIDENCE

VV. Facially Fraudulent Order. Doc. U 338. Case 2:2007-cv-00228. by Def. John E.

Steele

WW. March 08, 2010 Letter by Dcf. John Ley. U.S. Circuit Clerk

XX. DESTRUCTION AND ALTERATION OF OFFICIAL RECORDS. EVIDENCE

YY. FRAUDULENT 04/06/2(110 ()rder by Def. ( looked Circuit Judge Beverly B. Martin

ZZ. Supreme Court Justice Dav id Souler Communications, including binding precedent of

WEST PENINSULAR TITLE CO. v. PALM BEACH COUNTY

AAA. OTHER; OTHER PUBLIC RECORDS

195
 Case 1:10-cv-00321-JL Document 1-7 Filed 07/29/10 Page 6 of 6

CC: Federal Bureau of Investigation

U.S. Department of Justice

Eric Holder, Attorney General

Barack Hussein Obama, The White House

Florida Department of Law Enforcement

The Florida Bar

Real Property Probate and I rust Lawyer Section. The Florida Bar

196
 CaseOR1:10-cv-00321-JL
*** INSTR 4371834 Document
4517 PG 1914 RECORDED 1-8 Filed
12/10/2009 07/29/10
9:28 AM PAGES 1 Page
*** 1 of 23
DWIGKT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC S10.00

»
INSTR n 2009000303382. Pages 1
Doc Type AFF. Recorded 11 • 18.2009 at 10.11 AM.
Charlie Green, Lee County CterV of Circuit Court
Rec. Fee $10 00
Deputy Clerk DMERC1ER
#1
AFFIDAVIT

STATE OF FLORIDA )
)
COUNTY OF LEE )

BEFORE ME the undersigned authority, personally appeared JACK N. PETERSON, who being

first duly sworn, says:

1. KENNETH M. WILKINSON, as Property Appraiser of Lee County, Florida, is the

holder of a judgment issued by the United StatesjCourt of Appeals in and for the Eleventh Circuit

on July 29, 2009 in Docket JORG BUSSE in the amount of

$5,048.60.

2. The judgment hj

Kenneth M. Wi 'irnty, Florida

2480 Thompson1
Fort Myers, FL

AFFIANT FURTHER

SWORN TO AND SUBSCRIBED before me this of November, 2009 by JACK

N. PETERSON, who is personally known to me. '0-.

^nature ot Notafy ruDUc;

IJESUEAJ
(Printed Name) WCOMMSSIONtDD 589573
EXPIRES: 0*c«rtm», 2010
lenrtllnNotorMfcUUiMlM

My Commission Expires:
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 2 of 23
Case 2:07-cv-00228-JES-SPC Document 425 Filed 02/02/10 Page 1 of 1
1
DC 11
Rav. 1/00
WRIT OF EXECUTION
•FH FO
's
United States District Court m^«mSfF&Jt1'^
UT. imimtmm
TO THE MARSHAL OF: MiuyLtuibiHiurontiwioA
F 0 R T MYERS F l 0 R , 0 A
United States District Court, Middle District of Florida • -
YOU ARE HEREBY COMMANDED, that of the goods and chattels, lands and tenements in your district belonging to:

NAME
Jorg Busse
Building 2, Unit 4
1575 Curlew Avenue
Naples. FL 34112-5038

you cause to be made and levied as well a certain debt of:

DOLLAR AMOUNT DOLLAR AMOUNT
AND
Five Thousand Forty-Eight Sixty Cents

in the United States District Court for the Middle District of P'0"*3 , before the
Judge of the said Court by the consideration of the same Judge lately recovered against the said,
Jorg Busse

and also the costs that may accrue under this writ.
And that you have above listed moneys that the place and date listed below; and that you bring this writ with you.

PLACE DISTRICT M j d d | e Djstrjct o f p^^g

2115 Second Street, 6th Floor
CITY DATE
Fort Myers

Witness the Honorable

United States Judge

DATE CLERK 01
StISryl L. Loesch

This writ was received and executed.

U.S. MARSHAL (BY) DEPUTY MARSHAL

2-/2 iS
Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 3 of 23

.VUTO-l
* 559^575
RESOUyTIOK PCRTAIRIiW T O PUBLIC U N M
IN,Sm gglfl^ WHPIviyig
NHOtCAS, there' appears in the Public Records of Lee
County, Florida, In Plat Book 3 at page 25 the Second Revised
Mat of Cayo Coeta Subdivision: and
WHEREAS, there tppeara upon snid plat certain designated
lot and block areas aitd other undesignated areas t and
WHEREAS, there appears upon said plat certain un-numbered
and unlettered areas lying East of tho Easterly tier of Moeka
in said subdivision and West of tho Westerly tier of blocks
in said subdivision: and

TEREAS, tho County claims s t i d lands as public lands

together with all accretions thereto.

NO*. THEREFORE, HE IT RESOLVED BY THE BOARD Of COWTY

COWUMIONERS OF LEE COUNTY. FLORIDA does by this Resolution
claim a l l of raid lands and accretions thereto for the use
and benefit of the public for public purposes.

DONE AND ADOPTED this /? day of Js . ci. ».U-*-U. 1969.

V •

3 All
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 4 of 23

m LEE COUNTY
iswn. j - r j - r j - r -^ ^, ^ a. ^ 533-2236
V y
SOUTHWEST FLORIDA
Facsimile (239)485-2118
BOARD OF COUNTY COMMISSIONERS
Vacant
District One
July 21, 2010
A. Bnan Bigclow
District Two

Rayjudah
District Three

S fcH Jorg R. Busse

P.O. Box 11124
^ " Z Naples, Florida 34101 -11124

coZ'^r Re: TELEPHONE/COMMUNICATIONS

David M. Owen
County Attorney Sir:
Diana M. Parker
county Hearing I understand from my administrative assistant, Wendy Wise, that you
Examiner
telephoned yesterday and spoke with her in my absence. I have asked you before to
confine any communication to writing. You have chosen to simply ignore my request.
Since this last call was nothing more than an opportunity for you to annoy and harass
our staff, I again ask you to limit your communication to writing delivered by regular
U.S. Mail.

I have directed staff to henceforth, if I am not available, to note the time of your
call and simply hang up.

Sincerely,

JackfN. Peterson
Assistant County Attorney

JNP/wlw

P.O. Box 398. Fort Myers, Florida 33902-0398 (239) 533-21 I I

Internet address http.'V/www.lee-county.com
A N EQUAL OPPORTUNITY AFFIRMATIVE A C T I O N EMPLOYER

<f
 IN ORDER TO RECORD ACase
DEED1:10-cv-00321-JL
IN LEE COUNTYDocument 1-8 Filed 07/29/10
THE FOLLOWING MUSTPage 5 of 23
BE MET:

"Prepared by" statement (name and address of the "natural" person preparing the Deed)
Grantor(s) (Sellers-Party Giving Title) names legibly printed in the body of the Deed
Grantor(s) mailing address
Grantee(s) (Buyer-Party Receiving Title) names legibly printed in the body of the Deed
Grantee(s) mailing address
Signatures of Grantors
Names printed under Grantors' signatures
2 witnesses for each signature, the names printed under witnesses' signatures
Complete Notary acknowledgment
o Names being acknowledged
o Date acknowledgment taken
. o Signature of Notary t/\
\J^y 0 Name printed under signature
o Commission expiration date
o Ink Seal
• The consideration, sale price, or outstanding mortgage must be on the document or listed in a cover letter
for recording
• Three-inch square white space on the top right-hand comer of the first page of each document and a one-
inch by three-inch square white space on the top right-hand corner of each subsequent page of the
document.
These are RECORDING REQUIREMENTS for Deeds (F.S. 695.26). There may be other statutory requirements for
making a conveyance valid, which are not within the scope of the recording office to dictate. For example, the Lee
County Property Appraiser requires that the legal description be included on the deed document.

LEGAL ADVICE CANNOT BE PROVIDED: The Lee County Clerk's Office staff cannot help you complete legal forms
or provide legal advice of any type. If you have questions about completing forms or the proper method of transferring
property, you should consult an attorney or legal advisor.

FLORIDA DOCUMENTARY STAMP TAX: Each document transferring an interest in real property may be subject to
Florida's Documentary Stamp Tax (documentary stamps on deeds (rounded up to nearest hundred) $0.70 per $100.00)
Please contact the Department of Revenue for guidance at (800) 352-3671. Documentary stamps are paid on the total
consideration paid, given, or to be paid, for the transfer; see Department of Revenue reference sheet for details.
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 6 of 23
/ Case 2:07-cv-00228-JES-SPC
U.S...Department of Justice See Instwctions for "Service of Process by the U.S. Marshal"
HJnited States Marshals Service on the reverse of this form.

MJUNTIFF COURT CASE NUMBER

Jorg Busse 07-00228-CV-Fm-29-SPC
DEFENDANT TYPE OF PROCESS
Lee County, Florida* e t c . , et a l . Writ of ISxecoti&S
NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC.. TO SERVE OR DESCRIPTION OF P R O P E R T Y T ^ E I S D R eOftTCEMft ,
SERVE Property to be Seized: Lot 15A,Cayo Casta, Parcel No. 12-44-20-OT-0®15S$J&A. 4
ADDRESS (Street or RFD. Apartment No.. City, State tnd ZIP Code) • ^u , ~ r ^
serve: Jorg Busse» Building 2, Unit 4, 1575 Curlew Avenue, NapSaJ, f t 3' 5038
AT -rt il </>
- *
sH^Ng!ncE_wa^T^cpPYj221^^1^^Ii^l^^^£^SL5l!^L Number of process to be «/»"!
served with this Form - 285 tf
ack N. Peterson, Esquire
FJai
I Assistant
An. County Attorney Number of parties to be
-o-
2115 Second Street, 6th Floor served in this case
Fort Hyers, FL 33901
Check for service
on U.S.A. t*
-no._
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITINO SERVICE (Include Bi AMenes, All
Tkkphoae fhmbets. tad Estmutcd Times Available Bar Service):
KU rfo;
Subject property i s located as shown on maps contained in t h ^ f s B s i t a of thejS
Lee County Property Appraiser, Parcel No. 12-44-20-01-00015.^i^R(w«g.leepa^g).

I heieby ceitify and return that I D have personally served. D have legal evidence of service.Mhave executed as shown in "Remaiks", the pracess described
on the mdividial, company, corporation, etc., at the address shown above or on the individual; company, corporation, etc., shownta the address inseited below

D I heieby ceitify and return that I am unable to locale the individual, company, corporation, c i c . named above (See remarks below)

Name and title of individual served (if nor shown above) A person of suitable age and dis-
LJ action then residing in the defendant's
usual place of abode.
Address (complett only ifdinerent than shown above; Date of Service Time am

4-5-10 pm
Stgnaiuie tftU.S. Marshal or Deputy

Service Fee Tbtal Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U S . Marsh:
9D (iochidjm
Jding gulcaYors)
11,5 #50. H +67,90
REMARKS:

moREDmoNs 1. CLERK OF THE COURT n»M usRugs OIK mem

WSBEVSED

£
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 7 of 23
Electronic Case Filing | U.S. District Court - Middle District of Florida Page 1 of 57

APPEAL

U.S. District Court

Middle District of Florida (Ft. Myers)
CIVIL DOCKET FOR CASE #: 2:07-cv-00228-JES-SPC
Internal Use Only

Busse v. Lee County, Florida ct al Date Filed'04/10/2007

Assigned to: Judge John E. Steele Date Terminated: 05/06/2008
Referred to: Magistrate Judge Sheri Polster Chappell Jury Demand: Plaintiff
Case in other court: 08-13170B Nature of Suit: 440 Civil Rights: Other
09-12372-B Jurisdiction: Federal Question
09-13517F
09-13519F
09-13522F
09-1428IF
09-14282F I CERTIFY THE FORB
09-14284F AND CORRECT COP
09-14285F SHERYLLL"
UNltEQSTAtfe
09-162J1F MIDDLEDlSTr
09-16212F
09-16213F
09-16214F
09-16335F
10-10963-1
10-10967-1
10-11884-1
Cause: 28:1331 Fed. Question: Civil Rights Violation
Plaintiff
Jorg Busse represented by Jorg Busse
P.O.Box 1126
Naples, Fl 34106-1126
239/595-7074
PROSE
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: krooth@roothlawgroup.com
LEAD ATTORNEY

https://ecf.flmd.circl 1 .dcn/cgi-bin/DktRpt.pl?737110522490912-L_770_0-1 7/16/2010

J
Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 8 of 23
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 9 of 23

filing fee, the new appeals were to be reviewed and a frivolity determination as to

each appeal made. Consistent with that Order, on April 6, 2010, Appellant was

ordered to show cause why these appeals should not be dismissed as frivolous.

Appellant filed documents with the Court on April 19, 2010, which we

construe as his responses to the Order to Show Cause. Our review of these

documents establishes that Appellant has failed to show that these appeals are not

frivolous.

Therefore, on the Court's own motion, these appeals are hereby

DISMISSED AS FRIVOLOUS.

Given the frivolity of these appeals and the nature of Appellant's responses

to the Order to Show Cause, we hereby SUSPEND any rule which would allow

Appellant to seek reconsideration of this Order. The Clerk is directed to accept no

ftirther filings in this closed appeal. The Clerk may discard any future documents

received by Appellant.

•1
Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 10 of 23
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 11 of 23
Case 2:07-cv-00228-JES-SPC Document 434 Filed 07/22/10 Page 1 of 2

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JORG BUSSE

Plaintiff,

vs. Case No. 2:07-cv-228-FtM-29SPC

LEE COUNTY, FLORIDA; BOARD OF LEE

COUNTY COMMISSIONERS; THE LEE COUNTY
PROPERTY APPRAISER; STATE OF FLORIDA
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND, STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION,

Defendants.

ORDER

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.

Recognizing that a Pre-Filing Injunction (Case No. 2:09-cv-791-FTM-

36SPC, Doc. #245) was issued on July 20, 2010, prohibiting any

further filings without leave of Court, the Court will grant

plaintiff leave to file a single responsive document to defendant's

motion.

Accordingly, it is now

ORDERED:

H
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 12 of 23
Case 2:07-cv-00228-JES-SPC Document 434 Filed 07/22/10 Page 2 of 2

Plaintiff may file one response to defendant's Motion for

Entry of Order Directing Public Sale of Real Property (Doc. #432)

within FOURTEEN (14) DAYS of this Order. If no response is

received, the Court will rule on the motion without the benefit of

a response and without further notice.

DONE AND ORDERED at Fort Myers, Florida, this 22nd day of

July, 2010.

x
L
JIMa.
m E. STEELE
J0|
United States District Judge

Copies:
Plaintiff
Counsel of record

12.
Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 13 of 23
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 14 of 23
Case 2:07-cv-00228-JES-SPC Document 288 Filed 01/11/08 Page 2 of 11

VENUE
6. Pursuant to Title 28, Part 4, Ch. 87, S. 1391, Plaintiffs claims arise out of acts undertaken and injuries suffered in

the Middle District of Florida. Pursuant to the sealed Survey before this Court, Plaintiff owns and possesses the

approx. more than 2.5 Acres of lot 15A with an estimated fair market value of more than $2,000,000.

JURISDICTION UNDER CIVIL RIGHTS ACTS, 42 U.S.C. 1983,28 U.S.C. 1343, CONSTITUTIONAL ARTICLES
3 & 4, AMENDMENTS 5 & 14, DUE PROCESS & EQUAL PROTECTION CLAUSES, AND BILL OF RIGHTS

7. Pursuant to Civil Rights Acts, 42 U.S.C. 1983,28 U.S.C. 1343,1331, this Court has original jurisdiction to redress

Defendant State Officials' deprivations of Plaintiffs equal rights secured by the U.S. Constitution. Therefore,

Plaintiff seeks invalidation and rescission of unconstitutional 'OR 569/875', 'OR 2967/1084-1090', 'Blue Sheet

980206', injunctive, declaratory, and equitable relief, compensatory and possibly punitive damages.

JURISDICTION UNDER 1899 RIVERS AND HARBORS APPROPRIATION ACT, 33 U.S.C. 403, COMMERCE

CLAUSE AND CONSTITUTIONAL ARTICLE 3

8. Pursuant to the 1899 Rivers and Harbors Appropriation Act, 33 U.S.C. 403, and Commerce Clause, this Court has

jurisdiction over the Army Corps of Engineers' authority over Plaintiffs naturally created lagoon property. Under

the Commerce Clause, this Court has jurisdiction over dominant federal interests in navigation and the navigability

of Plaintiffs lagoon in interstate and foreign commerce. The Federal Government has power to control navigable

waters, and navigable servitude extends to navigable waters. Therefore, the Constitution conferred jurisdiction to

this Court over the regulation of commerce on the lagoon of Plaintiffs lot 15A pursuant to Article 3, s. 2.

JURISDICTION UNDER THE 1862 HOMESTEAD ACT

9. 14lh Amendment provisions cover all instrumentarities by which Defendant State and Officials act. Defendant

County, positioned under State Government, deprived Plaintiff of protected 14th Amendment rights against

deprivations by the State under color of 'OR 569/875', 'lot A', and 'block 1'. Therefore, this Court has jurisdiction

over effect and extent of the 1895 Federal Land Patent grant from the United States to A. C. Roesch and to

Plaintiff and the navigable waters along platted shorelines pursuant to the 1862 Homestead Act.

JURISDICTION UNDER FEDERAL COMMON LAW DOCTRINE OF ACCRETION AND EROSION

10. Federal common law, settled for centuries, vests title to accretions onto Federally patented oceanfront property in

2
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 15 of 23
Case 2:07-cv-00228-JES-SPC Document 288 Filed 01/11/08 Page 3 of 11

Plaintiff upland owner of lot 15A. Pursuant to determinate U.S. Supreme Court rulings, Federal law governs title to

accretions on Plaintiffsripariangulf front lot.

JURISDICTION PURSUANT TO FEDERAL APPRAISAL STANDARDS, UNIFORM STANDARDS OF

PROFESSIONAL APPRAISAL PRACTICE, AND 12 U.S.C. 3331-3351

11. This Court has jurisdiction over deprivations of Plaintiffs civil rights caused by Defendant Property Appraiser's

violations of Federal Appraisal Standards in Federallyrelatedproperty transactions under color of State law.

JURISDICTION UNDER THE FEDERAL DECLARATORY JUDGMENT ACT, 28 U.S.C. 2201

12. Under the Federal Declaratory Judgment Act, this Court has jurisdiction to declare Plaintiffsrights,legal relations,

and boundaries in light of equity principles.

In support of his factual allegations, Plaintiff adopts byreferencein this Complaint all evidentiary materials before the

Court and alleges:

COUNT 1:42 U.S.C. 1983 DEPRIVATIONS UNDER UNCONSTITUTIONAL 'OR 569/875'

13. Under color of alleged resolution draft 'OR 569/875' (Exhibit 'A'), Defendant State, park staff, County,

Commissioners, Attorneys, and Appraiser subjected Plaintiff citizen to deprivations of his riparianrights,private

easements, disputed accreted property, and privileges secured by the U.S. Constitution. Defendant County and

Commissioners had no home rule powers or jurisdiction over the undedicated Cayo Costa Subdivision and

accordingly, never signed or executed 'OR 569/875'. Therefore, 'OR 569/875' was unenforceable, and said

Defendants violated constitutional Articles 3 & 4(s. 2) and Amendments 5 & 14(s. 1,5) and are liable to Plaintiff.

14. Therefore, under color of unauthorized 'OR 569/875' and 'OR 2967/1084-90', said Defendants confiscated

Plaintiffs valuable private accreted property, i.e. more than approx. 2.5 Acres, without compensation in violation of

the 5th Amendment Takings Clause and 14th Amendment Due Process and Equal Protection Clauses.

15. Pursuant to Ch. 177, F.S., alleged lot A and block 1 cannot be legally described or surveyed, because they were

not on the referenced Subdivision Plat. Therefore, Defendant Officials temporarily took a total of more than

approx. 200 Acres of private accretions onto Cayo Costa under color of 'OR 569/875', 'OR 2967/1084-90', and

'Blue Sheet 980206', without just compensationforwhich Defendant State and County must make restitution.

3
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 16 of 23
Case 2:07-cv-00228-JES-SPC Document 288 Filed 01/11/08 Page 4 of 11

16. Defendant State Actors claimed riparian rights for lots 38A and 41A (Property I.D. 12-44-20-01-00042.038A),

which they denied to Plaintiff. Therefore, Defendant Officials discriminated against and harmed Plaintiff. Plaintiff is

entitledtothe equal rights of Defendant State owner and invalidation of unconstitutional 'OR 569/875' and lot A.

COUNT 2: UNAUTHORIZED UNCONSTITUTIONAL TEMPORARY TAKINGS UNDER COLOR OF 'OR 569/875'

17. In December 1969, Defendant County and Commissioners allegedly drafted a so-called 'resolution' to claim all

accretions within the undedicated private Cayo Costa Subdivision. Said preliminary draft, 'OR 569/875' was never

signed, executed, or acknowledged and did not meet resolution and recording requirements. Therefore, draft 'OR

569/875' was not entitled to be recorded and must be stricken from the public record.

18. Defendant County Appraiser and Attorney admitted that the Cayo Costa Subdivision was never dedicated to the

public and as a result was outside the scope of Defendant County's home rule powers. Therefore, Defendant

State and County had no powerstogovern and adopt resolutions or ordinances. In conclusion, draft '569/875' was

unenforceable and ineffectual, and Defendant County exercised powers not conferred by law with the intent to

capriciously grab the disputed private accreted land and easements.

19. Therefore, Defendant State, County, and Commissioners took Plaintiffs accretions onto riparian gulf front lot ISA

and the Subdivision without authority, justification, due process of law, public notice, hearing, vote count, and

compensation under color of '569/875', which violated Articles 3 & 4 and Amendments 5 & 14. In conclusion,

Defendants' unauthorized unconstitutional takings injured Plaintiff and destroyed his property value.

COUNT 3: TRESPASS

20. Since 1969, Defendant State, County, Commissioners, Attorneys, and Appraiser asserted, disseminated, and

published that Lee County was the owner of all private Cayo Costa accretions. Therefore pursuant to 810.08 and

810.09, F.S., Defendant Officials induced and caused the public to intrude onto private Cayo Costa beaches,

streets, platted designated common use areas, and Plaintiffs property, which injured Plaintiff.

21. Under color of official right and '569/875', Defendant Governmental Officials invited the public to visit the private

accreted Subdivision, which Defendant State's Division of Recreation and Parks manages and operates as State

park. In summary, Defendant offenders defied Plaintiffs orders to leave and committed misdemeanors of the 1 "

4
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 17 of 23
Case 2:07-cv-00228-JES-SPC Document 288 Filed 01/11/08 Page 5 of 11

degree, punishable as provided in s. 775.082 and induced public trespass onto the undedicated Subdivision.

22. Pursuant to Florida Cabinet Meeting Transcripts, Defendant State of Florida, Board of Trustees, D.E.P., and

Division of Recreation and Parks, pursued their legislative objective to destroy private Cayo Costa easements and

property and ingress/egress for State park purposes. Therefore, Defendant Officials' objective must be stricken as

unconstitutional. Defendant State Agents must be enjoined from exercising power within the Subdivision east of

the Mean High Water mark [MHW] of the Gulf of Mexico, and west of the MHW of Charlotte Harbor.

COUNT 4: CONSPIRACY TO FABRICATE UNPLATTED LOT A, BLOCK 1 & PARK; FRAUD; MALFEASANCE

23. Defendant Property Appraiser claimed and published that draft '569/875' entitled Lee County to claim ownership of

un-platted lot A, and block 1. Under oath, Defendant Appraiser admitted that Cayo Costa was unencumbered by

public easements and not dedicated. Therefore, Defendant admitted that Lee County was not empowered to adopt

said resolution. On its face, 'OR 569/875' did not meetrecordingandresolutionrequirements, and lot A, and block

1 did not exist. Therefore, Defendant Appraiser had a professional duty and burden to verify the validity of sham

'569/875' under the Uniform Standards of Professional Appraisal Practice.

24. Without title evidence in the public Grantor/Grantee Index, Defendant conspired to concoct un-platted lot A

(Property I.D. 12-44-20-01-O000O.00A0), block 1 (Property I.D. 07-44-21-01-00001.0000), and park. With

malicious purpose, Defendant assisted the plan to deceive with materially altered plat, maps, and records to obtain

benefits for State and County. Said acts and omissions were in willful disregard of property. Defendant denied

agricultural classification of Plaintiffs accreted lot, all of which had had been formed by accretions since approx.

1910. Therefore, Defendant destroyed most of Plaintiffs property value, deprived him of private easements

without compensation, and denied equal protection of the laws in a land grab scheme pursuant to Ch. 768.

25. A reasonable appraiser, surveyor or title agent cannot locate lot A or block 1 on the Plat and must presume

invalidity of 'OR 569/875', lot A, and block 1 as a matter of established real property law, standards, and tenets.

Therefore, Defendant's agreement to assist the unconstitutional confiscation of the disputed accretions could

reasonably be inferred, because Defendant contradicted the recorded historic legal precedents since 1910.

26. Defendant asserted that the general public and professional realty communities rely on Defendant Appraiser's
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 18 of 23
Case 2:07-cv-00228-JES-SPC Document 288 Filed 01/11/08 Page 6 of 11

data. Therefore, Defendant couldreasonablyexpect harm from his incompetent valuationreports.Comparable

sales data controverted Defendant Appraiser's valuations. However, Defendant did not cease and desist his

deceptive publications and slander of Plaintiffs perfect title. As aresult,Plaintiff received purchase offersforbelow

market value. Defendant violated Federal Appraisal Standards and deprived the public of taxrevenuesfrom the

accreted lands and easements in controversy. Therefore, Defendant Appraiser is liable and his malfeasance and

abuse of position under State Government harmed Plaintiff, who is entitled to declaratory and injunctive relief,

compensatory and punitive damages, and cost.

27. Federal jurisdiction arose e.g. from Appraiser's denial of equal protection of the laws guaranteed by the 14th

Amendment Defendant assertedriparianrightsforDefendant State's lots 38A and 41 A, but denied equalrightsto

Plaintiff. Under color of 'OR 569/875', lot A, block 1, and 'OR 2967/1084-1090', a 'wild' so-called 'County Deed',

Defendant conspired to fabricate valuationreportsand unjustly discriminated against Plaintiff and lot owners to

benefit others and/or himself. Therefore, Defendant Appraiser damaged Plaintiff, who is entitled to compensation.

COUNT 5: CONSPIRACY TO MATERIALLY MISREPRESENT AND DEFRAUD

28. Federal conveyances of lots 4 and 5 in Section 12 and lot 1 in Section 13 to A. 0 Roesch and subsequent

grantees were described inreferenceto Cayo Costa Plats of Survey. Lot A and block 1 could not be located on

the Subdivision Plats and ground. Therefore, Defendant County was not the legal owner of lot A and block 1, and

Defendant Officials'representationsof lot A and block 1 were unwarranted under law and feci

29. All disputed accretions were within boundaries described by original surveys, plats, and Subdivision and lot

descriptions contained in Federal, State, and/or County public records. All grants, grantors, and grantees are

published in the public Grantor/Grantee Index, and Lee County is neither the published record owner of the

disputed accretions nor riparian upland owner. However, quit claim deed 'OR 1651/2488' alleged the grant of

accretions to Lee County. Therefore, Lee County did not hold title to the disputed accretions onto Cayo Costa and

Plaintiffs lot 15A, because there was no voluntary and no involuntary alienation such as eminent domain or

adverse possession. In conclusion, Lee County's alleged controversial ownership claims of private Cayo Costa

accretions were not supported by the unauthorized and improperly recorded resolution draft '569/875' and

6
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 19 of 23
Case 2:07-cv-00228-JES-SPC Document 288 Filed 01/11/08 Page 7 of 11

therefore unconstitutional under the S* Amendment Takings Clause. Following multiple notifications by the public,

Defendant Officials conspired to continue to deceive, defraud, and deprive the public under color of State law.

Therefore, Defendant Government Officials deprived the public of tax revenues from the disputed private

accretions and easements.

30. Article 7, s. 10, Fla. Const. Prohibits the use of public fends for private purposes, by precluding the State and

County from using its taxing power or credit to aid private individuals or interests, such as legal defense of

unauthorized wrongs in violation of the constitution.

31. Platted meander lines and monuments evidenced ownership of the disputed accretions by the record upland

owners in the Grantor/Grantee Index. Therefore, Defendant State Officials, Lee County, Commissioners, Attorney,

and J. N. Peterson conspired to misrepresent that Plaintiff did not own to the MHW mark of the Gulf of Mexico.

32. Defendant Officials conspired to misrepresent the extent of the Army Corps of Engineers' authority over Plaintiffs

lagoon under the Commerce Clause and 1899 Rivers and Harbors Appropriation Act, 33 U.S.C. 403.

COUNT 6: OPPRESSION AND SUNDER OF TITLE

33. Defendant Peterson failed to challenge the presumptive validity of the Federal Patent and invalidity of 'OR

569/875', lot A, and block 1. In fact, Peterson himself questioned theresolution'svalidity. Therefore, Peterson,

who carried the State's badge oppressed and unduly burdened Plaintiff. Defendant Peterson violated the Code of

Ethics for Public Officers and Employees, Part 3, Ch. 112, F.S. Plaintiff complained with the Florida Commission

on Ethics (Exhibit 'B'). Peterson was required to disclose the material facts and the truth, but harassed Plaintiff.

The alleged public records and facts gave rise to Plaintiffs bases for suing Defendant State Actors. Therefore,

publicrecordsand factual allegations entitled Plaintiff to obtain invalidation of'OR 569/875', '2967/1084-90', lot A,

block 1, 'Blue Sheet 980206', and compensatory damages, and injunctive relief.

34. During pretrial procedures, Peterson and Lee County did not setforthany grounds on which Defendants' claims or

defenses could possibly rest There has been noreasonableindication that discovery can reveal any relevant

evidence to destroy the presumptive invalidity of 'OR 569/875, lot A, and block 1. Defendant State Actorsfelledto

prove validity of 'OR 569/875', lot A, or block 1. Plaintiff is entitled to relief and/or a peremptory ruling, because

7
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 20 of 23
Case 2:07-cv-00228-JES-SPC Document 2 8 8 Filed 0 1 / 1 1 / 0 8 P a g e 8 of 11

unauthorized and unconstitutional 'OR 569/875' was never adopted and contained no compensation mechanism.

35. All Defendants received fair notice that 'OR 569/875', lot A, and block 1 were immaterial and insufficient claims

and defenses. Presentations such as e.g. in doc. # 5 shall be deterred pursuant to F.R.C.P. 11 and 12. During the

11/07/2007 Court hearing, Plaintiff asserted the factual impossibility of Defendant's claims and defenses before

the Honorable Magistrate Judge. Therefore, Plaintiffs entitlement to relief is most plausible. The heft of Plaintiffs

factual allegations evidenced why Plaintiff is entitled to relief under Federal law and the Constitution.

WHEREFORE, Plaintiffrespectfullydemands judgment granting thefollowingrelief

1. Anorder setting aside and striking 'OR 569/875" and'2967/1084-90'from publicrecords(Counts 1-6);

2. An order invalidating/nullifying lot A, block 1, Blue Sheet 980206, and declaring all land between the meander lines

of the Gulf and Charlotte Harbor privately owned Subdivision lands pursuant to PB 3/PG 25 (Counts 1-3);

3. An award of compensatory damages for deprivations, leases, and uncompensated temporary takings of private

accreted property and easements for State park purposes in an amount to be set at trial (Counts 1-6);

4. An award of punitive damages and cost to be set at trial (Counts 1 -6);

5. An order declaring the extent of the Army Corps of Engineers' authority over Plaintiffs lagoon (Counts 1 -2);

6. An order declaring Plaintiff the owner of all accretions onto his riparian lot 15A pursuant to 1862 Homestead Act

and 1895 Certificate # 11887 (Counts 1 -6) and declaringtitlethereto in Plaintiff (Counts 1 -3); and

7. An order enjoining all Defendant Governmental Officials from claiming ownership of Plaintiffs accretions, lot A and

block 1 and operating a park in the private Cayo Costa Subdivision and on lot ISA (Counts 1-3).

Respectfully submitted,

IslJora&ffimfcMM, M.BA, Plaintiff; Tel: 239-595-7074; e-mail: irbuOaol.com.

MailWg Mdress: P.O.B. 1126, Naples, FL 34106-1126.

EXHIBIT 'A': Unconstitutional and unauthorized 'OR 569/875'.

EXHIBIT 'B': Ethics Complaint against Defendant Peterson.
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 21 of 23
Case 2:07-cv-00228-JES-SPC Document 288 Filed 01/11/08 Page 9 of 11

«•
[>^7M
*" W 9 ^ «S
RSfObVTIOKratTAlBIrtCTO MmUC UMDf
IN CMQ COST* *Ummfm

WRBimSi there' appears in the Public Records of Lee

County, Florida, in Plat Book ) at page 25 the Second teviaed
W*t Of Cayo COftU Subdivision: and
WHEREAS, there appears upon snid plat certain designated
lot and Mock areas and other undesignated aroMf and
WHEREAS, there appears upon said plat certain un-nnmbere
and mrtoWorod aron lying East of tho Easterly tier of Mocks
in said tnbdiviftion and West of tho Westerly tier of blocks
in said subdivision: and
"PCftgAff, tho County clfllnt s i i d land* aa puhlic Iwtdt
together with e&l accretions thereto.
HOW, THEREFORE, bE IT RESOLVED W THE BOWP Of COUUTT
COMMISflONCftS OF LEE COUNDT, FLORIDA does by this Resolution
claim a l l of raid lands and accretions thereto for the use
and benefit of the public for public purposos.
DONE AMD ADOPTED this / f day of A . <^ *U~<.\^. 1969.

-200-

9
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 22 of 23
Case 2:07-cv-00228-JES-SPC Document 288 Filed 01/11/08 Page 10 of 11

EXHIBIT 'B': Ethics Complaint against Defendant Peterson

A. Defendant County Attorney Jack N. Peterson contended that more research was necessary to determine if 'OR 569/875' was
valid. However in a 2000 Memo by Joan C. Henry, Peterson's Office asserted before the Law. State of Florida court that
there was no dedication of Cayo Costa to the public. As a result, the Lay court ruled against Defendant State. Said court
determined that Defendant County had no powers, rights-of-way, or interests In the private easements 'as a matter of
established real property law. Therefore, Peterson arbitrarily contradicted his own Office in order to obtain benefits for
Defendant County, State or himself and undermined ongoing judicial proceedings in State and Federal Court.
B. In summary, Peterson's claims and defenses were precluded, because the Lay court's judgment had binding effect and
foreclosed Peterson's frivolous contentions. Therefore, Peterson harassed and oppressed Plaintiff and undermined the
judicial process with foreclosed claims.
C. In February 1999, Peterson's Office wrote to Cayo Costa riparian lot owner T. Pamell that 'Defendant Lee County attorney's
Office researched the history of the Second Revised Plat of the Cayo Costa Subdivision and governing case law on accretion
and reliction' in response to correspondence to Defendant Attorney. Said Plat conclusively evidenced that the record owners
pubfished in the Grantor/Grantee Index, including Plaintiff, own private easements, beaches, and their abutting platted
designated common use areas in the undedicated Subdivisionfeesimple. Therefore, Peterson concealed the 1999 and 2000
research by his own Office and oppressed Plaintiff, because he unjustly exercised power never conferred upon him. In
conclusion, Peterson abused his public position to improperly transfer property for State park purposes thereby depriving and
injuring Plaintiff. Therefore, Plaintiff is entitled to compensatory and punitive damages, and expenses.
D. Peterson contended that Plaintiff's lot 15A did not touch the water. Plainb'frs Warranty Deed conveyed lot 15A in refierence to
said Plat, all calling for the Gulf of Mexico. Said Plat of Survey described Plaintiff's lot ISA as a riparian lot abutting the natural
monument of the Gulf. Public policy demands that all land shall have an owner, and all owners of the accretions in
controversy were recorded in Defendants' Grantor/Grantee Index. The public Index evidenced that all accretions onto the
Subdivision belonged to A. C. Roesch, who subdivided and conveyed them, and all accretions onto lot 15A belonged to
Plaintiff. In addition, Peterson was notified that unauthorized unconstitutional draft 'OR 569/875' had multiple errors, violated
Defendant's home rule powers law, and was unenforceable. With particularity, Peterson was ordered to cease false claims.
However, Peterson defied the order and continued slandering Plaintiffs paramount title. In summary, Plaintiff Is entitled to
cancellation of 'OR 569/875', 'OR 2967/1084-90', and 'Agenda Item Summary 980206'.
E. Plaintiff ttleholder was entitled to the statutory presumption that the 1895 Federal Patent and mesne conveyances were valid.
Therefore, the burden was on Defendant challenger to prove invalidity, and Defendant Officials' averments and claims of 'OR
569/875', lot A, and block 1 were in bad faith and impeded justice. Therefore, Plaintiff is entitledtoinvalidation and nullification
of 'OR 569/875', lot A, and block 1, compensatory and punitive damages, and injunctive and declaratory relief.

10
 Case 1:10-cv-00321-JL Document 1-8 Filed 07/29/10 Page 23 of 23
Case 2:07-cv-00228-JES-SPC Document 288 Filed 01/11/08 Page 11 of 11

Below signaturereflectsaffirmation that the attorney reviewed the Third Amended Complaint:

Attorney Date: 12/21/2007

11
41 F.3d 1490 Page 1 of 4

« up

This is Google's cache of http://bulk.resource.org/courts.gov/c/F3/41/41.F3d.1490.93-

4449.93-4104.html. It is a snapshot of the page as it appeared on Mar 24, 2009
15:42:24 GMT. The current page could have changed in the meantime. Learn more

These search terms are highlighted: united states v 16.33 acres Text-only version

41 F.3d 1490
WEST PENINSULAR TITLE CO., Absolute, Inc., Marion H.
Cooper,
for Estate of Alfred R. Cooper, Plaintiffs-Appellees,
v.
PALM BEACH COUNTY, Carol A. Roberts, Chair of Board of
County Commissioners of Palm Beach County,
Defendants-Appellants.
Nos. 93-4104, 93-4449.
United States Court of Appeals,
Eleventh Circuit.
Jan. 10, 1995.

Patti A. Velasquez, Asst. County Atty., West Palm Beach, FL, Robert S. Hackleman, Ft.
Lauderdale, FL, for appellants in No. 93-4104.

Sharon M. Pitts, Patti A. Velasquez, Asst. County Atty., West Palm Beach, FL, Robert S.
Hackleman, Ft. Lauderdale, FL, for appellants in No. 93-4449.

Jeffrey A. Aman, Smith, Williams & Bowles, P.A., Tampa, FL, Joan E. O'Dell, Gregory L.
Williams, Smith, Williams & Bowles, P.A., Washington, DC, for appellees in both cases.

Appeals from the United States District Court for the Southern District of Florida.

Before HATCHETT and EDMONDSON, Circuit Judges, MELTON* , Senior District Judge.

PER CURIAM:

1 After a jury trial, the district court entered judgment for plaintiffs. Defendants
raise several arguments, hoping mainly to void concessions made in district court in
the joint pretrial stipulation. The district court is affirmed.

2 The controversy concerns the ownership of strip parcels (roads and ditches)
offered by Palm Beach Farms for dedication to Palm Beach County in 1912. A 1976
instrument entitled "Notice of Withdrawal of Platted Roads, Streets, and Other
Unexercised Rights" revoked the offer of dedication. In 1986, pursuant to local
Ordinance No. 86-18 (the "Ordinance"), defendant Palm Beach County (the

http://74.125.47.132/search?q=cache:xHNX0cXI3CoJ:bulk.resource.org/courts.gov/c/F3/4... 4/30/2009
41 F.3d 1490 Page 2 of 4

"County"), began a practice of selling easement and right of way interests in

property originally acquired through dedication. In return for a "privilege fee," the
County issued an abandonment resolution, which, when recorded, transferred
ownership of the parcel to the payor of the fee. This dispute began when the County
attempted to collect fees in exchange for abandonment resolutions for parcels that,
according to plaintiffs, had never been accepted by the County.

3 Plaintiffs, claiming that they were successors in interest to Palm Beach Farms
(and thus owners of the strip parcels), challenged the County's practice as an
unconstitutional taking--under the Fifth and Fourteenth Amendments--of their
property.1 The County conceded that it never expressly accepted the dedication;
but, at trial, the County attempted to show that it had impliedly accepted the
dedication by using the strip parcels. The jury found for plaintiffs, deciding that the
County had not accepted the 1912 offer of dedication within a reasonable time. The
district court entered judgment for plaintiffs: plaintiffs were judged the fee simple
owners of the pertinent strip parcels; defendants were enjoined from applying the
Ordinance to plaintiffs' property; and plaintiffs were awarded attorney's fees.
Defendants appeal.

4 The County now contests plaintiffs' standing, arguing that plaintiffs could not
possibly own the strip parcels (and thus have no interest at stake). But given
plaintiffs' allegations and the County's stipulations in the district court, the record
supports both standing and jurisdiction. A "case or controversy" exists in this case
because the parties genuinely disputed ownership of the strip parcels in the district
court. The County stipulated to plaintiffs' chain of title, agreeing that plaintiffs were
successors in interest to Palm Beach Farms. The controversy was thus limited to a
decision about whether the offer of dedication was accepted.2 Plaintiffs have
standing to challenge the application of the Ordinance to what they assert is their
property.

5 But the County insists that adjoining landowners own the strip parcels, citing
Murrell v. United States, 269 F.2d 458 (5th Cir.1959), as an alternative to 16.33
Acres. This decision is not about standing: what the County is really arguing is that
plaintiffs failed to join indispensable parties. Amicus Boywic Farms agrees, arguing
that it was harmed by the entry of judgment in favor of plaintiffs. Because the
district court could only determine who, as between plaintiffs and the County, had
the better claim to the strip parcels, amicus is not bound by the district court's
order. It was no abuse of discretion for the district court to refuse to dismiss this
case for failure to join indispensable parties. The County, as movant, had the
burden "to show the nature of the unprotected interests of the absent parties," 5A
Wright & Miller, Federal Practice and Procedure Sec. 1359; yet, the County's
citation to the record reveals only that it established the existence of adjoining
landowners (not the nature of allegedly unprotected interests).

6 And, plaintiffs' "arbitrary and capricious" due process claim is ripe.3 Plaintiffs
accused the County of applying an arbitrary and capricious action (asserting
ownership to the strip parcels and recording abandonment resolutions which
transferred title) to their property. Plaintiffs' claim was ripe as soon as the County
applied the ordinance and the petition process (including a $400 nonrefundable
application fee) to the undedicated strip parcels. See Eide v. Sarasota County, 908
F.2d 716, 724 n. 13 (11th Cir.1990).

7 The County argues that no subject matter jurisdiction exists because plaintiffs'
claims are so frivolous. But the course of litigation and stance of the County in

http://74.125.47.132/search?q=cache:xHNX0cXI3CoJ:bulk.resource.org/courts.gov/c/F3/4... 4/30/2009
41 F.3d 1490 Page 3 of 4

district court undercuts its claim of frivolousness. We also note that the pretrial
stipulation plainly reads that "[n]either party contests subject matter ...
jurisdiction."4 If the County actually thought plaintiffs' claims were frivolous, it
should not have so willingly conceded facts giving rise to jurisdiction in the
stipulation. Because the district court had subject matter jurisdiction over plaintiffs'
federal claims, the court did not err by including plaintiffs' state claims for
declaratory relief--pendent jurisdiction was proper.

8 The County also argues that the district court erred by interpreting the stipulation
as a "winner-take-all" proposition. That is, the County says it reserved a right to
make several arguments, after the jury's fact finding, by referring to "undisposed of
motions" in the stipulation. We disagree. The parties agreed that the jury's
conclusion would "be outcome determinative of all of the federal and state claims."
The County does not argue that it was unfairly duped into signing the stipulation.
And, we owe great deference to the trial judge's interpretation and enforcement of
pretrial stipulations. See Morrison v. Genuine Parts Co., 828 F.2d 708 (11th
Cir.1987); Hill v. Nelson, 676 F.2d 1371, 1373 n. 8 (11th Cir.1982). In the light of the
stipulations, the district court did not err when it refused to entertain the County's
post-verdict motions.

9 Defendants raise other arguments, none of which present grounds for reversal.
The district court's judgment is AFFIRMED.

Honorable Howell W. Melton, Senior U.S. District Judge for the Middle District of
Florida, sitting by designation

Application of the Ordinance, according to plaintiffs, put a "cloud" on plaintiffs' title

because title to the strip parcels was transferred to the payor of the privilege fee.
Plaintiffs' property was, in other words, not transferable so long as the County continued
to demand fees for the "abandonment" of property it never owned

"[S]tanding cannot be waived and may be asserted at any stage of litigation." Harris v.
Evans, 20 F.3d 1118, 1121 n. 4 (11th Cir.1994) (en banc). We disagree with the County's
argument that plaintiffs' ownership claim is so obviously frivolous that standing could
not possibly exist, regardless of stipulated facts pointing to standing. In support of this
claim, the County cites the allegedly "remarkably similar" case of United States v.
16.33 Acres of Land, 342 So.2d 476 (Fla.1977), as binding precedent denying plaintiffs'
ownership claim. But 16.33 Acres is distinguishable because in that case the government
expressly accepted the offer of dedication. Id. at 479

Because we conclude that plaintiffs' arbitrary and capricious due process claim was ripe,
we say nothing about whether plaintiffs' additional constitutional claims were ripe. We
do note, however, that plaintiffs were not granted relief pursuant to a specific claim.
Instead, the County stipulated that plaintiffs would be entitled to the remedies requested
if plaintiffs prevailed on any of the disputed fact issues

Parties may not stipulate jurisdiction. Bush v. United States, 703 F.2d 491, 494 (11th
Cir.1983). And we do not say that jurisdiction was proper because jurisdiction was
stipulated. Instead, we look to the record; we affirm the district court's conclusion that

http://74.125.47.132/search?q=cache:xHNX0cXI3CoJ:bulk.resource.org/courts.gov/c/F3/4... 4/30/2009
41 F.3d 1490 Page 4 of 4

the stipulated facts give rise to jurisdiction. For example, the County argues
frivolousness by pointing to purported transfers--by plaintiffs' predecessors in interest--
that the County says are null and void. But the County stipulated to plaintiffs' chain of
title; and, the County agreed that it was undisputed that "plaintiffs are the successors in
interest to the Palm Beach Farms Company." The record was set in district court
CC∅ | TRANSFORMED BY PUBLIC.RESOURCE.ORG

http://74.125.47.132/search?q=cache:xHNX0cXI3CoJ:bulk.resource.org/courts.gov/c/F3/4... 4/30/2009
59
60
61
62
63
64
65
 PS USE CODE

ADDRESS WETLANDS

SITE INSPECTION

REMARKS ACQUISITION DATE

AGENDA DATE
GRANTOR

BLUE SHEET

ITEM

CCMB
INSTRUMENT

LEGAL DESC SEARCH TOTAL PURCHASE PRICE

PURCHASE PRICE 1 AGENDA DATE 2 AGENDA DATE 3

PRICE/ACRE BLUE SHEET 2 BLUE SHEET 3

PRIOR STRAP
ITEM 2 ITEM 3
PCL

PURCHASE PRICE 2 PURCHASE PRICE 3

ASSESSEDVALUE

VALUE DATE
CCMB 2 CCMB 3

LEE COUNTY DIVISION OF COUNTY LANDS

 i 's~ornmrBo~~~Cu~C~~S
AGENDAITEMSUMMARY BLUESHEETNO:~~O~M
. REoUESTEDMOTIOl'J
ACTIONREOUESTED~ Ap rove conveyance of any interest in land, \?rhich has accreted to ro erty of rivate landowner
on Cayo Costa Island, ancfnow bein purchased by the State of Florida for preservation. KutRorize CRairnxm to execute
County Deed; authorrze County Lan%s Division to handle and complete conveyance.
WHY ACTION IS NECESSARY: To clear title on land which has accreted to property owned by private landowner, which is
being conveyed to the State of Florida.
WHAT ACTION AcCOMPLISHE!$ ,Clears potential cloud on title to property.

LDE A TMENTALCATEGORY: 17 in/ 3. MEETJNGD-3c;ll+ya a

COp~ISSIONDISTRIcT#: 1 /7
bAGENDA 5.REOUIREMENT/PURPOSE
.?
Y_CONSENT
,ADMlNlsmTlvE .
_ APPEALS
-PUBLIC _ ADMIN. CODE
-=REQuIRED:-

7. BACKGROUND:
I
The State of Florida, Board of Trustees of the Internal Im rovement Trust Fund, is in the recess of purchasing land on
Cay0 Costa Island from a private landowner through the 8tate CARL Pro A list of %e properties being purchased is
attached. From the title search and title commitment issued, it has been r eter&ned that Lee County ma have an interest in ’
land which has accreted to the lots being conveyed to the State of Florida by Alice MS. Robinson. A 1J69 Resolutron b
the Board of County Commissioners pertaining to ublic lands in Cayo Costa Subdivision, recorded m Official Record Jook
569 Pa e 875 created a claim to all accretions to Pots lyin within the area of the Subdivision now bemg conveyed. As a
resdlt ofthis Resolution, the State of Florida is requesting &, ee County to convey any interest it may have m these accreted
R~~a~ore private property owner, Ahce l$.S. Robmson, m order to clear trtle for its purchase of the propertres from Ms.
.
Due to the ongoin of ac uisition on Cayo Costa Island by the State of Florida and Lee+Countythrpugh the CARL
Matching Funds tI!YTF
. .P. elect, an8 the ongoing cooperation of the State and County to accomphsh acquisrtron of land on the
Island, staff recommends approval of the requested motion.
County funds are not needed to complete this transaction.

8,MANAGEMENTRECOMMENDATIONS:
.
COUNTY LANDS
9. RECOMMENDEDAPPROVAL i .

'. - e.
*
i@\OFFICEELS\CAYCOSTA.LWC’~sf
 ' *

'&is ?nstruntent Prepared by:

PUBLIC WORKS/COUNTY LAND8 DIVISION
Post Office Box 398
Fort Myers, Florida 33902-0398 30P6.
Docuentrrr Tax $
t -Q- Intcmqtbtc far Pd.
iSO& fcovm
iFobos
4400351 b PutY Clwk

-2; "
TXIS DEED, executed this 21th day of Warch , A.D., 1998, by
Ltt COtlNTY, PLORZDA, A POLITNAL SWBDIVISIOU OF THE STATB OF FLORIDA, z:
._
whose address is Post Office Box 398, Fort Myers, Florida 3300.?-0398
first party, LO -Alice M.S. Robinson, whose address is 4&l North z p
Seminole Avenue, No. 2516, Tampa, Florida 33601, second party.
,' NITNESSETII : That the said first party, for and in consideration
I: of the sum of Ten~(510.00) Dollars to it in hand paid by the said second
party, receipt.whereof is hereby acknowledged, ha@ granted, bargained
and sold to the said second party, its heirs and assigns forever, the
following fsbac~~lbed land, lying and being in Lee County, Florida:

SEE ATTACRED BXBZBIT "A*

This grant conveys only the interest of the Count; and its Board
:,s df County Commissioners in the property herein described, and shali not '$;
g be deemed to warrant the title or to represent any state of facts
I; concerning the same.
"\
EN WITNESS NBERBOI the said first party has caused these presents
to be executed in its name by its Board of County Commissioners acting
by the Chairman or Vi.ce Chairman of said Board, the day and year
aforesaid.

(OFFICIAL SEAL)
ATTEST: LEE COUNTY, FLORIDA, BY ITS
'. CHARLIE GREEN,'GLERK
: -'
By:

APPROVED AS TO LEGAL FORM:

&,[$' ;.',I $;&,y,,:

Office/of' County Attorneys
 ‘~
., -.
E x h i b i t HAp’
Eage 1 of 2

A l l af t h e f i r s t p a r t y ’ s i n t e r e s t , i f any, i n thOS@ c e r t a i n l a n d s w h i c h
‘ h a v e accreted t o t h e followinq d e s c r i b e d lots6 said l o t s being located
wifthi~n that Certain Suk$iv.ision knowi as .%cond Rev-is& play of Cay0
Cwta, accordinq t o t h e - - m a p o r p l a t t h e r e o f f i l e d apd r e c o r d e d i n t h e
Office of the Clerk Of the Circuit Court of Lee County, Florida, in plat
Book 3, Page 25, P u b l i c R e c o r d s ,of L e e C o u n t y , F l o r i d a , t o wit:

Tax ID# 12-44-20-01-00013.0020

Lot 2, Block 131 CAY0 COSTA SUBDIVISION, according to ths! map or plat thereof as
recorded in Plat Book 3, Page 25, Public Records of Lee County, Florida.
Tax ID# 12-44-20-O I-000 13.0030
Lot 3, Block 13, CAY0 COSTA SUl3DIVISION, according to the map or plat thereof as
recorded in Plat Book 3, Page 25, Public Records of Lee County, Florida
%
Tax IDH 12-44~20-01-00014.0010 s:
Lot I, Block 14, CAY0 COSTA SUBDlVlSION, according to the map or plat thereof as cm
recorded in Plat Book 3, Page 25, Public Records of Lee County, Florida. 4
Tax ID# 12-44-20-01-00014.0070 -2-
Lot 7, Block 14, CAY0 COSTA SUBDIVISION, according to the map or plat thereof as
recorded in Plat Book 3, Pa;ge 25, Public Records of Lee County, Florida. z
CJl
Tax ID# 12.44-20-Ol-Q0014.014~
Lot 14, Block 14, CAYU COSTA SUBDlVISION, accordiny lo the map or plal thereof
as recorded in Plat Book 3, Page 25, Public Records of Lee County, Florida.
Tax IDD# 12-44-20-o l-000 15.0060
Lots 6,7,&p, IO, 1 I, 12, & 14, CAY0 COSTA SUBDIVISION, according to the map
or plat thereof as recorded in Plaf Book 3, Page 25, Public Records of Lee County.
Florida.
Tax ID# 12.44-20-OI-0OOl5.0lOk
Lot iOA, CAYO,COSTA SUBDIVISION, according to the map or plat thereof as
recorded in Plat Book 3, Page 25, Public Records of Lee County, Florida.
Tax ID# 12-44-20-01-00015.0160
Lots 16 and 17, Block 15, CAY0 COSTA SUBDIVISION, according lo the map or plat
thereof as recorded in Plat Book 3, Page 25, Public Records of Lee County, Florida.
Tax ID# 12-44-20-01-00015.0180
Lot 18, Block IS. CAY0 COSTA SUBDIVISION, according lo the map or plat thereof
as recorded in Plat Book 3, Page 25, Public Records of Lee County, Florida.
Tax IDIt 12.44.20-Oi-00015,OlSA
Lot 184 CAYU COSTA SIJBDI~ISION, according to the map or plat thereof as
recorded in Plat Book 3, Page 25, Public Records of Lee County, Ftor*da.
Tax IDS 12-44-20-01-00015.0220
Lot 22, Block 15, CAY0 COSTA SUBDIVISION, according Io the map or plrt thereof
as recorded in Plal Book 3, Pege 2$, Public Records of Lee Cow&y, PlorIda,

Tax ID# 12-44.20.Ol-00015.034A .

Lots 34A and 354 Block IS, CAY0 COSTA WBDIVISION, according to the map or _ -
plat thereof as recorded in Plat Book 3, Page 25, Public Records of Lee Count); Florida.
 Tax iD# 12-44~20-OJ-OOO16.0030
LOO 3 and 6, Block 16, CAY0 COSTA SUBDIVISION, according to the map or plat
thereof as recorded in Plat Book 3, Page 25, Public Records of Lee County, Florida,
Tax ?D# J Z-44-20-0 I-000 16.0070
Lots 7,8 sod Jo, Block 16, CAY0 COSTA SUJ3DIVISlON, according to the map or pJat
thereof at recorded in PJat Book 3, Page 25, P&Iii Records of Lee County, Florida.
Tax I‘D# 12-M-20-01~oroO16.0120 ‘.‘.:
I>2, I Lots 12,13,15 and 16, Block 16, CAY0 CUSTA SUBDJVISION, according to the map
“-Z‘. or pfat thereof as worded is PJat Book 3, Page 2S, Public Records of Lee Cwnty, ‘_
;. .‘>’
F. Florida.
$‘,;,y,~ : i” ‘!j
” .’ B.,.1
:;; Tax IDI 12-44-20-01~OOQ16.0140 0
5”
i ‘. Lot 14, Block 16, CAY0 COSTA SUBDIVISION, according to the map or piat thereof W *j;
as recorded in Plat Book 3, Page 25, Public Records of Lea County, Florida. sit
Tut IDar t2-44.20-01.06016.0178
Lots 17 and 20, Hock 16, CAY0 COSTA WElDIVISIDN, according to the map or pfat
thcweof as recorded in Plat Book 3, P%gs 25, PubJlc Records of Lee County, FIorJda,
Tax ID# f2-44-20-01-00016.02~0 m
Lots 2 1 and 24, Block 16, CASO COSTA SUBDIViSION, according to the map or plat
thereof as recorded in Plat Book 3, Page 25, Public Records oFLee County, Florida.
Tax ID# 1%44*20-01=00016.022Q .:i!j
,Lot 22, Bfock It?, CAYU COSTA SUBDIVISION, according to the map or pJat thereof I!
as recorded ia Plat Book 3, Page 25, Public Records of Lee County, Florida. -si3
Tax ID# 12-44-2f!-O1-00042.03$A
Lots 38A and 4 J A, CAY0 COSTA SUBDIVISJON, according to the map or plat thereof
as recorded in Plat Book 3. Paac 211. Pubtic Records of Lee Countv. Flnridr
66
67
68
69
70
71
 UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

JORG BUSSE

Plaintiff,

vs. Case No. 2:07-cv-228-FtM-29SPC

LEE COUNTY, FLORIDA; BOARD OF LEE

COUNTY COMMISSIONERS; KENNETH M.
WILKINSON; LEE COUNTY PROPERTY
APPRAISER’S OFFICE; STATE OF
FLORIDA, BOARD OF [PAST & PRESENT]
TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND, STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION, AND DIVISION OF
RECREATION AND PARKS; LEE COUNTY
ATTORNEY; JACK N. PETERSON,

Defendants.
___________________________________

OPINION AND ORDER

This matter comes before the Court on the following motions:

(1) defendant Property Appraiser’s Motion to Dismiss and Close File

(Doc. #285), to which plaintiff filed a Response (Doc. #302); (2)

defendants State of Florida Board of Trustees of the Internal

Improvement Trust Fund (Trustees) and Florida Department of

Environmental Protection’s (DEP) Joint Motion to Dismiss for Lack

of Jurisdiction and for Failure to State a Cause of Action (Doc.

#291), to which plaintiff filed a Response (Doc. #316); (3)

defendant The Lee County Appraiser’s Motion to Dismiss for Lack of

Jurisdiction (Doc. #303), to which plaintiff filed a Response (Doc.

#317); and (4) defendant Board of Lee County Commissioners’ Motion

to Dismiss (Doc. #304), to which plaintiff filed a Response (Doc.

#318). Because Plaintiff is proceeding pro se, his pleadings are

held to a less stringent standard than pleadings drafted by an

attorney and will be liberally construed. Hughes v. Lott, 350 F.3d

1157, 1160 (11th Cir. 2003).

I.

On December 10, 1969, the Board of County Commissioners of Lee

County, Florida adopted the “Resolution Pertaining to Public Lands

in Cayo Costa Subdivision”, Book 569, page 875 (the Resolution).

The Resolution stated that the Second Revised Plat of the Cayo

Costa Subdivision contained certain designated lot and block areas

and other undesignated areas. The Resolution further noted that

the plat contained certain un-numbered and unlettered areas lying

East of the Easterly tier of blocks in the subdivision and lying

West of the Westerly tier of blocks in the subdivision. The

Resolution stated that Lee County claimed the lands to the east and

west of the tier of blocks as “public lands together with all

accretions thereto” and “does by this Resolution claim all of said

lands and accretions thereto for the use and benefit of the public

for public purposes.” (Doc. #288, p. 9.)

Plaintiff Jorg Busse (plaintiff or Dr. Busse) asserts he is

the current owner of Lot 15A of the Cayo Costa Subdivision and

-2-
accretions thereto. (Doc. #288, ¶¶ 1, 2.) Plaintiff describes Lot

15A as being more than approximately 2.5 acres fronting the Gulf of

Mexico with an estimated fair market value of more than $2 million.

(Id. at ¶6.) Plaintiff asserts that the Resolution violates his

property rights in Lot 15A, which includes accretions, under both

federal and state law.

Count 1 sets forth a claim under 42 U.S.C. § 1983. Plaintiff

alleges that the Resolution deprived him of his riparian rights,

private easements, accreted property and privileges secured by the

United States Constitution. Specifically, plaintiff asserts that

Lee County had no home rule powers or jurisdiction over the

undedicated Cayo Costa Subdivision, and therefore the Resolution

was unenforceable and in violation of the United States

Constitution. (Doc. #288, ¶13.) Plaintiff asserts that defendants

confiscated more than 2.5 acres of his accreted property without

compensation in violation of the Takings Clause of the Fifth

Amendment, the Due Process Clause of the Fourteenth Amendment, and

the Equal Protection Clause of the Fourteenth Amendment (Id. at

¶14.) Plaintiff asserts that defendants also illegally took more

than 200 acres of private accretions onto Cayo Costa pursuant to

the Resolution, all without compensation. (Id. at ¶15.) Further,

plaintiff asserts that “Defendant State Actors” claimed riparian

rights to Lots 38A and 41A which they denied to plaintiff, thereby

unlawfully discriminating against plaintiff because he is entitled

to equal rights as the State property owner. (Id. at ¶¶ 16, 27.)

-3-
 Count 2 alleges an unconstitutional temporary taking under

color of the Resolution. Plaintiff asserts that the Resolution was

never signed, executed or acknowledged and did not meet resolution

and recording requirements, and was therefore not entitled to be

recorded and must be stricken from the public record. (Id. at

¶17.) Plaintiff further alleges that the Cayo Costa Subdivision

was outside of Lee County’s home rule powers, and therefore the

State and County had no powers to adopt resolutions or ordinances,

and therefore the Resolution is unenforceable and ineffectual and

the County capriciously grabbed private accreted land and

easements. (Id. at ¶18.) Plaintiff asserts that defendants took

his accretions onto the riparian gulf front Lot 15A without

authority, justification, due process of law, public notice,

hearing, vote count, or compensation, and that this unauthorized

unconstitutional taking injured plaintiff and destroyed his

property value. (Id. at ¶19.)

Count 3 sets forth a state law claim for trespass. Plaintiff

alleges that since the 1969 Resolution the defendants have asserted

that Lee County is the owner of the Cayo Costa accretions and have

induced and caused the public to intrude onto the private beaches

and other areas on Cayo Costa, injuring plaintiff’s property. (Id.

at ¶¶ 20-21.) Plaintiff asserts that the State cannot exercise

power within the Subdivision east of the mean high water mark of

the Gulf of Mexico and west of the mean high water mark of

Charlotte Harbor. (Id. at ¶22.)

-4-
 Count 4 alleges a conspiracy to fabricate, fraud and

malfeasance. Plaintiff asserts that the Lee County Property

Appraiser claimed that the Resolution entitled Lee County to

ownership of the accreted property, but the County Appraiser has

admitted that Lee County was not empowered to adopt the Resolution.

(Id. at ¶23.) Plaintiff asserts that the Resolution on its face

did not meet recording or resolution requirements, and that the

County Appraiser had a professional duty to verify the validity of

the sham Resolution under the Uniform Standards of Professional

Appraisal Practice. (Id.) Plaintiff alleges that without evidence

of title, defendants conspired to concoct an un-plated lot, block

and park for the benefit of the State and County. (Id. at ¶24.)

Plaintiff also asserts that defendant denied agricultural

classification to his accreted lot. (Id.) Plaintiff asserts that

defendants destroyed most of his property value, deprived him of

private easements without compensation, and denied equal protection

in a land grab scheme. (Id.) Plaintiff describes the agreement as

being to assist the unconstitutional confiscation of the

accretions. (Id. at ¶25.) Plaintiff also asserts that the County

Appraiser made incompetent valuation reports which were

controverted by other comparable sales data and done in violation

of Federal Appraisal Standards, but defendant continued to slander

plaintiff’s perfect title. (Id. at ¶26.) As a result, plaintiff

received purchase offers far below market value and the County

Appraiser has committed malfeasance and abuse of position. (Id.)

-5-
 Count 5 alleges a conspiracy to materially misrepresent and

defraud. Plaintiff asserts that Lee County does not hold title to

the accreted property pursuant to the Resolution, and there has

been no proceedings such as eminent domain or adverse possession.

(Id. at ¶29.) Plaintiff asserts that Lee County’s claims of

ownership of the accretions therefore violated the Fifth Amendment

Takings Clause, and therefore defendants deprived the public of tax

revenues which could have been received from the private accretions

and easements. (Id.) Plaintiff asserts that defendants conspired

to misrepresent the extent of the Army Corps of Engineers’

authority over his lagoon. (Id. at ¶32.)

Count 6 alleges oppression and slander of title by defendant

Peterson for failing to challenge the invalidity of the Resolution

despite his questions about its validity. (Id. at ¶¶ 33-35.)

The Third Amended Complaint asserts the Court has jurisdiction

based on the Civil Rights Act (42 U.S.C. § 1983), 28 U.S.C. § 1343,

Articles 3 and 4 of the United States Constitution, and Amendments

4 and 5 of the United States Constitution (Doc. #288, ¶7), the 1899

Rivers and Harbors Appropriation Act (33 U.S.C. § 403)(id. at ¶8),

the 1862 Homestead Act (id. at ¶9), the federal common law Doctrine

of Accretion and Erosion (id. at ¶10), the Federal Appraisal

Standards, Uniform Standards of Professional Appraisal Practice (12

U.S.C. §§ 3331-3351), and the Federal Declaratory Judgment Act (28

U.S.C. § 2201)(id. at ¶12).

-6-
 III.

The Court will first address the federal claims, since these

claims are necessary to provide subject matter jurisdiction. Given

plaintiff’s pro se status, the Court reviews the Third Amended

Complaint liberally.

A. Takings Clause Claims:

A consistent theme which runs through several of plaintiff’s

counts is that the Resolution constitutes an unconstitutional

taking of his property rights in his subdivision Lot 15A on Cayo

Costa island.1 The legal principles are well-settled, and preclude

plaintiff’s takings claim.

Plaintiff alleges a violation of the Takings Clause of the

Fifth Amendment, which states in pertinent part “nor shall private

property be taken for public use, without just compensation.” U.S.

CONST. amend. V. The Fifth Amendment is applied to the States

through the Fourteenth Amendment. Penn Cent. Transp. Co. v. New

York City, 438 U.S. 104, 121-23 (1978). The Third Amended

Complaint may also be read to allege a conspiracy to violate the

Takings Clause.

State law defines the parameters of a plaintiff’s property

interest, and whether state law has created a property interest is

a legal question for the court to decide. Morley’s Auto Body, Inc.

1
See Lee County v. Morales, 557 So. 2d 652 (Fla. 2d DCA 1990)
for a description of Cayo Costa island and the Lee County zoning
history of the island since 1978.
-7-
v. Hunter, 70 F.3d 1209, 1212 (11th Cir. 1996). Under Florida law

a riparian or littoral owner owns to the line of the ordinary high

water mark on navigable waters, and the riparian or littoral

property rights include the vested right to receive accretions to

the property. Board of Trustees of the Internal Improvement Trust

Fund v. Sand Key Assocs., Ltd., 512 So. 2d 934, 936-37 (Fla. 1987);

Brannon v. Boldt, 958 So. 2d 367, 373 (Fla. 2d DCA 2007). These

rights constitute property, and cannot be taken or destroyed by the

government without just compensation to the owners. Sand Key

Assoc., 512 So. 2d at 936; Lee County v. Kiesel, 705 So. 2d 1013,

1015 (Fla. 2d DCA 1998). “By now it is beyond question that a

permanent physical occupation of private property by the state

constitutes a taking for which a landowner must be compensated.”

New Port Largo, Inc. v. Monroe County, 95 F.3d 1084, 1088 (11th

Cir. 1996)(citing Lucas v. South Carolina Coastal Council, 505 U.S.

1003, 1015 (1992) and Loretto v. Teleprompter Manhattan CATV Corp.,

458 U.S. 419, 434 (1982)).

Thus while plaintiff has adequately alleged a taking of his

property, “a property owner has not suffered a violation of the

Just Compensation Clause until the owner has unsuccessfully

attempted to obtain just compensation through the procedures

provided by the State for obtaining such compensation . . .”

Williamson County Regional Planning Comm’n v. Hamilton Bank, 473

U.S. 172, 195 (1972). “Williamson County boils down to the rule

that state courts always have a first shot at adjudicating a

-8-
takings dispute because a federal constitutional claim is not ripe

until the state has denied the would-be plaintiff’s compensation

for a putative taking, including by unfavorable judgment in a state

court proceeding.” Agripost, LLC v. Miami-Dade County, Fla.,

F.3d , 2008 WL 1790434 (11th Cir. 2008). Without having

pursued such available state court remedies, a plaintiff’s Takings

Clause claim is not ripe and therefore a federal district court

lacks jurisdiction to consider it. Williamson County, 473 U.S. at

195; Watson Constr. Co. v. City of Gainsville, 244 Fed. Appx. 274,

277 (11th Cir. 2007); Garbo, Inc. v. City of Key West, Fla., 162

Fed. Appx. 905 (11th Cir. 2006). It has been clear since at least

1990 that Florida law provides a remedy of an inverse or reverse

condemnation suit. Joint Ventures, Inc. v. Department of Transp.,

563 So. 2d 622, 624 (Fla. 1990); Tari v. Collier County, 56 F.3d

1533, 1537 n.12 (11th Cir. 1995); Reahard v. Lee County, 30 F.3d

1412, 1417 (11th Cir. 1994). Additionally, plaintiff could have

pursued an state action for declaratory judgment under FLA . STAT . §

86.011, a suit to quiet title, Trustees of Internal Imp. Fund of

State of Florida v. Toffel, 145 So. 2d 737 (Fla. 2d DCA 1962), or

a suit in ejectment if the matter is viewed as a boundary dispute.

Petryni v. Denton, 807 So. 2d 697, 699 (Fla. 2d DCA 2002).

The Third Amended Complaint does not allege that plaintiff

pursued any state relief. Indeed, plaintiff has never suggested

that he has taken any action in state court to quiet title or

receive damages under an inverse or reverse condemnation claim.

-9-
Since there is no showing of federal jurisdiction as to the Takings

Clause claim, the Taking Clause claims and any conspiracy to

violate the Takings Clause in any count will be dismissed without

prejudice.

B. Substantive Due Process Claim:

A liberal reading of the Third Amended Complaint might suggest

that plaintiff also frames the alleged taking of his property

rights as a substantive due process claim under the Fourteenth

Amendment. The Eleventh Circuit has held, however, that there is

no independent substantive due process taking cause of action.

Villas of Lake Jackson, Ltd. v. Leon County, 121 F.3d 610, 612-14

(11th Cir. 1997). Additionally, substantive due process protects

only fundamental rights, that is, those rights which are implicit

in the concept of ordered liberty. Such rights are created by the

Constitution, and do not include property rights. Greenbriar

Village, LLC v. Mountain Brook City, 345 F.3d 1258, 1262 (11th Cir.

2003). Merely asserting that the government’s actions were

arbitrary and irrational does not bring the matter within the

protection of the substantive due process provision. Greenbriar

Village, 345 F.3d at 1263-64. Therefore, those portions of counts

in the Third Amended Complaint which attempt to assert a

substantive due process takings claim or conspiracy will be

dismissed.

-10-
C. Procedural Due Process Claim:

Plaintiff’s counts may also attempt to state a procedural due

process claim. For example, plaintiff asserts that Lee County had

no home rule powers or jurisdiction over the undedicated Cayo Costa

subdivision (Doc. #288, ¶¶ 13, 18, 23), that the Resolution was

never signed, executed or acknowledged and did not meet resolution

and recording requirements (id. at ¶¶ 17, 23), and that the taking

was without authority, justification, due process, public notice,

hearing, vote count, or compensation (id. at ¶19).

“Procedural due process requires notice and an opportunity to

be heard before any government deprivation of a property interest.”

Zipperer v. City of Fort Myers, 41 F.3d 619, 623 (11th Cir. 1995).

Not all government actions, however, are subject to a procedural

due process claim. The County’s action in passing the Resolution

constituted a legislative act, and therefore plaintiff cannot state

a procedural due process claim. 75 Acres, LLC v. Miami-Dade

County, Fla., 338 F.3d 1288, 1294 (11th Cir. 2003). Plaintiff

asserted that the Resolution effecting the taking of more than 200

acres other than his 2.5 acres. This is sufficient to constitute

a legislative act. See, e.g., Bi-Metallic Inv. Co. v. State Bd. of

Equalization, 239 U.S. 441, 445 (1915)(noting that it is

impractical to give every one a voice when a legislative act

applies to more than a few people). Additionally, even if not a

legislative act, a procedural due process claims does not exist

-11-
merely because state mandated procedures were not followed. First

Assembly of God of Naples, Florida, Inc. v. Collier County, Fla.,

20 F.3d 419, 422 (11th Cir. 1994). 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. The remaining

claimed defects are arguments concerning state law which do not

arise to a constitutional level. Finally, plaintiff fails to state

a procedural due process claim because he has failed to allege that

Florida law provided him with an inadequate post-deprivation

remedy, Tinney v. Shores, 77 F.3d 378, 382 (11th Cir. 1996), and as

discussed above it is clear that Florida does provide adequate

post-deprivation remedies. Therefore, any claim founded on

procedural due process will be dismissed.

D. Equal Protection Claim:

Plaintiff also alleges that the Resolution violated his equal

protection rights. “To properly plead an equal protection claim,

a plaintiff need only allege that through state action, similarly

situated persons have been treated disparately.” Boyd v. Peet, 249

Fed. Appx. 155, 158 (11th Cir. 2007)(citation omitted). See also

Executive 100, Inc. v. Martin County, 922 F.2d 1536, 1552 (11th

Cir. 1991). The Third Amended Complaint does not identify any

similarly situated person with whom plaintiff can be compared. The

-12-
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.

E. Other Bases of Federal Jurisdiction:

Having found no federal claim set forth in the Third Amended

Complaint, the Court now examines the other purported bases of

federal jurisdiction.

Article III of the Constitution sets the outer boundaries of

the federal court jurisdiction, but vests Congress with the

discretion to determine whether and to what extent that power may

be exercised by lower federal courts. Therefore, lower federal

courts are empowered to hear only cases for which there has been a

congressional grant of jurisdiction. Morrison v. Allstate

Indemnity Co., 228 F.3d 1255, 1260-61 (11th Cir. 2000). Therefore

Article III does not provide any additional basis of federal

jurisdiction. Additionally, plaintiff’s reliance on Article IV of

the Constitution is misplaced because Article IV does not address

the jurisdiction of a federal court.

Plaintiff cites 28 U.S.C. § 1343 as a basis for federal

jurisdiction. Section 1343 sets forth the jurisdiction of district

-13-
courts for certain civil rights actions, but does not itself create

a private right of action. Albra v. City of Fort Lauderdale, 232

Fed. Appx. 885, 892 (11th Cir. 2007). Since none of plaintiff’s

federal civil rights claims are properly before the court, § 1343

is not a basis for jurisdiction over the remaining state law

claims.

Plaintiff’s reliance on the 1899 Rivers and Harbors

Appropriation Act, 33 U.S.C. § 403 is misplaced. Section 403

relates to the creation of an obstruction not authorized by

Congress, and simply not relevant to any of the claims in this

case. The 1862 Homestead Act, 43 U.S.C. §§ 161-64, cannot form

basis for jurisdiction because it was repealed in 1976. Assuming

there is a federal common law Doctrine of Accretion and Erosion, it

cannot provide a jurisdictional basis in federal court. The

Federal Appraisal Standards, Uniform Standards of Professional

Appraisal Practice, 12 U.S.C. § 3331-3351, also do not create

federal jurisdiction. These standards relate to real estate

appraisals utilized in connection with federally related

transactions, 12 U.S.C. § 1331, and no such transaction was

involved in this case. Additionally, in Florida the county

property appraiser is a constitutionally created office whose

appraisals are carried out pursuant to state statute, FLA . STAT . §

193.011 as well as professional appraisal standards established by

the International Association of Assessing Officers and the

-14-
Appraisal Institute. Parrish v. Nikolits, 86 F.3d 1088, 1091 n.2

(11th Cir. 1996).

Therefore, the Court finds no other basis of federal

jurisdiction has been plead in the Third Amended Complaint.

F. Remaining State Law Claims:

The remaining possible claims in the Third Amended Complaint

are all state law claims. Read liberally, the Third Amended

Complaint may be read to allege a claim to invalidate the

Resolution for alleged state-law procedural defects, a state law

claim of trespass, a state law claim of conspiracy to misrepresent,

a state law claim of fraud, state law claims of malfeasance, a

state law claim of oppression, and a state law claim of slander of

title. Even assuming these are properly pled, pursuant to 28

U.S.C. § 1367(c)(3) the Court would exercise its discretion and

decline to exercise supplemental jurisdiction over the state

claims. Raney v. Allstate Ins. Co., 370 F.3d 1086, 1088-89 (11th

Cir. 2004)(encouraging district courts to dismiss state claims

where all claims which provided original jurisdiction have been

dismissed.) The dismissal of the state claims will be without

prejudice. Crosby v. Paulk, 187 F.3d 1339, 1352 (11th Cir. 1999).

Having found that this Court lacks subject matter

jurisdiction, and will not retain supplemental jurisdiction, the

Court need not address the issues raised in the remaining

defendants’ motions to dismiss.

Accordingly, it is now
-15-
 ORDERED:

1. Defendant Property Appraiser’s Motion to Dismiss

Plaintiff’s Third Amended Complaint (Doc. #303) is GRANTED to the

extent set forth in paragraph 5 below.

2. Defendant Property Appraiser’s Motion to Dismiss and

Close File (Doc. #285) is DENIED as moot.

3. State of Florida Department of Environmental Protection

and Division of Recreation and Parks, State of Florida, and Board

of Trustees of the Internal Improvement Trust Fund’s Joint Motion

to Dismiss for Lack of Jurisdiction and for Failure to State a

Cause of Action (Doc. #291) is GRANTED to the extent set forth in

paragraph 5 below.

4. Defendants Lee County, Florida, Board of Lee County

Commissioners, Lee County Attorney, Jack N. Peterson’s Motion to

Dismiss (Doc. #304) is GRANTED to the extent set forth in paragraph

5 below.

5. The Third Amended Complaint is dismissed without

prejudice as to all defendants and all claims. The Clerk shall

enter judgment accordingly, terminate all pending motions as moot,

and close the case.

DONE AND ORDERED at Fort Myers, Florida, this 5th day of

May, 2008.

Copies: Parties of record

-16-
72
73
74
75
76
77
78
79
80
81
 UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

JENNIFER FRANKLIN PRESCOTT, DR. JORG BUSSE,

Plaintiffs,

versus Case # 2:10-cv-00390-JES-AEP

CHARLENE EDWARDS HONEYWELL; SHERI POLSTER CHAPPELL;

JOHN EDWIN STEELE; JENNIFER WAUGH CORINIS; A. BRIAN ALBRITTON,

Defendants.

INDEPENDENT ACTION
FOR RELIEF FROM GOVERNMENT CRIMES, CORRUPTION,
AND FACIALLY FRAUDULENT WRIT OF EXECUTION
____________________________________________________________________________/

MOTION TO STAY PRIMA FACIE ILLEGAL ‘EXECUTION’ AS A MATTER OF LAW

PUBLISHED NOTICE OF ILLEGAL EXECUTION UNDER FLORIDA LAW

1. The purported “execution” issued illegally. See § 56.15, Fla. Stat.; Case No. 2:2007-cv-

00228.

NO $5,048.60 JUDGMENT WAS EVER RECORDED

2. “No execution or other final process shall issue until the judgment on which it is based has

been recorded nor within the time for serving a motion for new trial or rehearing.…

Fla.R.Civ.P. 1.550. Here, no “judgment in the amount of $5,048.60” was ever “recorded”,

Case No. 2:2007-cv-00228. Here, no evidence of any such judgment ever existed or could

have possibly existed as a matter of law.

 DEFENDANT CLERKS’ FALSIFICATIONS OF OFFICIAL RECORDS

3. On 07/16/2010, Defendant U.S. District Clerks Drew Heathcoat and Diane Nipper again

falsified and altered official documents and records for criminal and unlawful purposes of

obstructing justice and Plaintiffs’ court access.

4. In particular, the Clerk obstructed, and conspired with other Defendants to obstruct,

electronic court access, court access, and the filing of Plaintiffs’ pleadings, Case No. 2:2007-

cv-00791; 2:2009-cv-00791. In particular, Defendants Nipper and Heathcoat deliberately

deprived the Plaintiffs of their express fundamental rights to redress Government grievances,

and file their Motions for new trial and rehearing, and Notices of Appeal.

DIRECT INDEPENDENT ATTACKS OF CRIMINAL & ILLEGAL “EXECUTION”

5. Here on the record, the Plaintiffs have been directly attacking the prima facie criminality,

illegality, and nullity of the fraudulently procured “execution”, which issued illegally. See §

56.15, Fla. Stat.; Case No. 2:2007-cv-00228; 2:2010-cv-00089; 2:2010-cv-00791.

PRIMA FACIE LACK OF RECORD, FED.R.CIV.P. 44

6. On 07/16/2010, Defendant Corrupt U.S. District Clerk Drew Heathcoat obstructed to issue

“a written statement that a diligent search of the designated records in Case No. 2:2007-cv-

00228 revealed no “writ of execution” and no “judgment” awarding “$5,048.60” to

Defendant K. M. Wilkinson.” See Fed.R.Civ.P. 44.

PRIMA FACIE ORGANIZED PUBLIC CORRUPTION

7. The fake “writ of execution”, Case No. 2:2007-cv-00228, is another publicly recorded

element of organized Government and judicial corruption with corrupt intent to extort fess

and property from the Plaintiff corruption whistleblowers.

PRIMA FACIE GROUNDS TO STAY ILLEGAL “EXECUTION” OF RECORD

8. Repeatedly, the Plaintiff public corruption victims stated several grounds as good cause to

stay the illegal execution. Grounds for the motion appeared on the face. Here, e.g., no

judgment had existed. See Docket Case No. 2:2007-cv-00228. The purported basis for the

non-existent judgment had never existed, because Def. Forger Wilkinson had never filed any

“Rule 38 motion”. See Docket for Case No. 2:2007-cv-00228.

RECORD EXTORTION AND FORGERIES BY DEF. APPRAISER WILKINSON

9. Because, e.g., Def. Forger Wilkinson had criminally and illegally forged “land parcels”

“12-44-20-01-0000.00A0” and “07-44-21-01-00001.0000”, Plaintiffs’ Appellants’ Appeal

had been highly meritorious, and no “frivolous appeal” could have possibly existed.

RECORD FABRICATION OF “FRIVOLITY” AND “JUDGMENT”

10. No “frivolity” was ever determined in the “judgment”, Doc. # 365, Case ## 2:2007-cv-00228;

2008-13170-BB. Here, no monetary penalty had ever been awarded to Defendant

Government Crook Wilkinson.

PUBLICLY RECORDED FALSIFICATION OF RECORDS

11. For criminal and unlawful purposes of obstructing justice and court access and perpetrating

fraud on the Courts, Defendants John E. Steele, Sheri Polster Chappell, Charlene E.

Honeywell, Mark A. Pizzo, and Richard A. Lazzara falsified and altered, and conspired to

falsify and alter, public records.

12. Said judicial Crooks knew and fraudulently concealed that no “regulation”, “resolution”,

“resolution 569/875”, “law”, “legislative act” had ever existed, and that as a matter of

supreme Florida and Federal law, no “law” could have possibly divested the Plaintiffs’ of

their unimpeachable record title to Parcel # 12-44-20-01-00015.015A, PB 3, PG 25 (1912).

13. Doc. # 386-2, Case No. # 2:2007-cv-00228, evidenced an illegal “motion” filed on

08/20/2008 under fraudulent pretenses. Here, the deadline for any hypothetical “Rule 38

motion” had terminated on or around 08/08/2008, and Def. Wilkinson had never filed

anything prior to said deadline to justify any judgment or monetary punishment. Therefore

here, no lawful basis could have possibly existed, and the illegal “execution” has been

fraudulent on its face.

PRIMA FACIE ILLEGAL “writ of execution” - AFFIDAVIT

14. Here, no lawful writ of execution had ever been issued. Furthermore, the Plaintiffs made an

Affidavit that the “execution” is illegal and stated as grounds, e.g., the lack of any

supporting judgment, the lack of any falsely alleged “Rule 38 motion” by Defendant K. M.

Wilkinson.

PLAINTIFFS’ COMMUNICATIONS OF PUBLIC CORRUPTION AND FELONIES

15. Plaintiffs again contacted Defendant Crooked Attorney Jack N. Peterson for Def. Forger

Kenneth M. Wilkinson and reported said publicly recorded public corruption, extortion,

coercion, and fraud, Tel. 239-533-2236.

07/19/10 COMMUNICATIONS TO FEDERAL BUREAU OF INVESTIGATION

16. On 07/19/2010, Plaintiff public corruption victim Jennifer Franklin Prescott updated the

Federal Bureau of Investigation about the public corruption, extortion, fraud, and fraudulent

“writ”.

PRIMA FACIE FRAUD ON THE COURT AND EXTORTION

17. Furthermore, the Plaintiff corruption victims move this Court to “set aside“ the non-existent

judgment and “writ” in accordance with, e.g., Fla.R.Civ.P. 1.540(b), 1.500, and/or 1.540(a).
18. In the prima facie record absence of any recorded judgment, any writ of execution, and any

“Rule 38 motion”, Defendants illegally and fraudulently procured an illegal “writ”.

19. Furthermore here, there were other pending actions affecting the subject matter and

conclusively evidencing the prima facie illegality of the fake “writ”, direct attacks upon its

criminality, as well as fraud, extortion, and corruption. See also Daytona Enterprises, Inc. v.

Wagner, 91 So.2d 171 (Fla. 1956); Childs v. Boats, 112 Fla. 282, 152 So. 214 (1933);

McGee v. Ancrum, 33 Fla. 499, 15 So. 231 (1894); Fair v. Tampa Electric Company, 158

Fla. 15, 27 So.2d 514 (1946); Viggio v. Wood, 101 So.2d 922 (3 D.C.A. 1958).

WHEREFORE, Plaintiffs demand

1. An Order enjoining the publicly recorded illegal “execution”-scheme under Florida law;

2. An Order granting the Plaintiffs summary remedies against the record public corruption

and non-existent “writ of execution”, and non-existent “Rule 38 motion”;

3. An Order staying the illegal and null & void “writ of execution” and any “execution”;

4. An Order enjoining any further public corruption and the record falsification of “land

parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”;

5. An Order enjoining Defendant Forger K. M. Wilkinson from forging and falsifying official

records and documents for criminal and unlawful purposes of, e.g., extorting unrecorded

fees and property under facially false pretenses of a non-existent “5,048.60 judgment” and

fictitious “writ of execution”.

__________________________________
/S/JENNIFER FRANKLIN PRESCOTT
Governmental Corruption & Fraud Victim, Plaintiff, pro se
P.O. BOX 845, Palm Beach, FL 33480; T: 561-400-3295
____________________________________
/S/JORG BUSSE, M.D., M.M., M.B.A., C.P.M.
Judicial Corruption & Crime Victim; Plaintiff, pro se
State Cert. Res. Appraiser, Licensed Real Estate Broker, Mortgage Broker, Appraisal Instructor
7/17/2010 Statutes & Constitution :View Statutes…

Select Year: 2009 Go

The 2009 Florida Statutes

Title XLVI Chapter 838 View Entire Chapter

CRIMES BRIBERY; MISUSE OF PUBLIC OFFICE

838.022 Official misconduct.--

(1) It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm
to another, to:

(a) Falsify, or cause another person to falsify, any official record or official document;

(b) Conceal, cover up, destroy, mutilate, or alter any official record or official document or cause another
person to perform such an act; or

(c) Obstruct, delay, or prevent the communication of information relating to the commission of a felony that
directly involves or affects the public agency or public entity served by the public servant.

(2) For the purposes of this section:

(a) The term "public servant" does not include a candidate who does not otherwise qualify as a public servant.

(b) An official record or official document includes only public records.

(3) Any person who violates this section commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.

History.--s. 5, ch. 2003-158.

Copyright © 1995-2010 The Florida Legislature • Privacy Statement • Contact Us

www.leg.state.fl.us/Statutes/index.cfm… 1/1
 Case 2:10-cv-00089-CEH-TGW Document 29 Filed 06/30/10 Page 4 of 8

B. Plaintiffs yet again fail to articulate a plausible claim

upon which relief can be granted.

As this Court noted in the sound and cogent analysis of the

Busse litigation contained in its June 23, 2010, Order [Busse

VII, DE-213, at pp. 20-21], Plaintiffs’ allegations, to the

extent any sense can be made of them, are essentially criminal in

nature. In that same Order, the Court has already analyzed and

explained why Plaintiffs are not entitled to relief under the

various constitutional provisions upon which they rely. The only

other vehicle for charging essentially criminal conduct in a

civil forum is a suit under the civil provisions of the Racketeer

Influenced and Corrupt Organizations Act (“civil RICO”), 18

U.S.C. § 1964(c).1

Complaints asserting civil RICO claims “must comply not only

with the plausibility criteria articulated in Twombly and Iqbal

but also with Fed. R. Civ. P. 9(b)’s heightened pleading

standard.” American Dental Ass’n v. Cigna Corp., 605 F.3d 1283,

--- (11th Cir. 2010). As the Court previously noted, Plaintiffs’

repetitious and voluminous pleadings are “convoluted and

incomprehensible,” “contain[] incoherent and rambling claims of

alleged wrongdoing,” and consist of “conclusory” statements

1
The case of Davis v. Kvalheim, 261 Fed. Appx. 231 (11th
Cir. 2008), a matter to which the Busse cases have frequently
been analogized [see, e.g., Busse V, DE-17], was a civil RICO
case filed against every judge and other governmental official
(totaling 129 defendants) that plaintiff “imagine[d to] have done
him wrong.” Id. at 235.

4
 Case 2:10-cv-00089-CEH-TGW Document 29 Filed 06/30/10 Page 7 of 8

to the performance of his duty to serve Busse with the writ of

execution. [Busse I, DE-429.] Accordingly, Deputy Jessup would

be entitled to quasi-judicial immunity, and the claim arising out

of his acts should likewise be dismissed.

WHEREFORE, the United States respectfully requests that the

Court dismiss Plaintiffs’ complaint.

Date: June 30, 2010 Respectfully submitted,

TONY WEST
ASSISTANT ATTORNEY GENERAL

By: /s/ Matthew L. Fesak

MATTHEW L. FESAK
Special Attorney and
Assistant United States Attorney
Civil Division
310 New Bern Avenue, Suite 800
Raleigh, NC 27601-1461
Telephone: (919) 856-4530
Facsimile: (919) 856-4821
E-Mail: matthew.fesak@usdoj.gov
N.C. Bar No. 35276

7
Case 2:07-cv-00228-JES-SPC Document 425 Filed 02/02/10 Page 1 of 1
7/14/2010 Statutes & Constitution :View Statutes…

Select Year: 2009 Go

The 2009 Florida Statutes

Title VI Chapter 55 View Entire Chapter

CIVIL PRACTICE AND PROCEDURE JUDGMENTS

55.10 Judgments, orders, and decrees; lien of all, generally; extension of liens; transfer of liens to
other security.--

(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. If
the certified copy was first recorded in a county in accordance with this subsection between July 1, 1987, and
June 30, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of 7
years from the date of the recording. If the certified copy is first recorded in accordance with this subsection
on or after July 1, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period
of 10 years from the date of the recording.

(2) The lien provided for in subsection (1) or an extension of that lien as provided by this subsection may be
extended for an additional period of 10 years, subject to the limitation in subsection (3), by rerecording a
certified copy of the judgment, order, or decree prior to the expiration of the lien or the expiration of the
extended lien and by simultaneously recording an affidavit with the current address of the person who has a
lien as a result of the judgment, order, or decree. The extension shall be effective from the date the certified
copy of the judgment, order, or decree is rerecorded. The lien or extended lien will not be extended unless the
affidavit with the current address is simultaneously recorded.

(3) In no event shall the lien upon real property created by this section be extended beyond the period
provided for in s. 55.081 or beyond the point at which the lien is satisfied, whichever occurs first.

(4) This act shall apply to all judgments, orders, and decrees of record which constitute a lien on real
property; except that any judgment, order, or decree recorded prior to July 1, 1987, shall remain a lien on real
property until the period provided for in s. 55.081 expires or until the lien is satisfied, whichever occurs first.

(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

www.leg.state.fl.us/statutes/index.cfm… 1/2
7/14/2010 Statutes & Constitution :View Statutes…
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.

(6) Any excess of the security over the aggregate amount of any judgments, orders, or decrees rendered,
plus costs actually taxed, shall be repaid to the party filing the security or his or her successor in interest. Any
deposit of money shall be considered as paid into court and shall be subject to the provisions of law relative to
payments of money into court and the disposition of these payments.

(7) Any party having an interest in such security or the property from which the lien was transferred may at
any time, and any number of times, file a complaint in chancery in the circuit court of the county where such
security is deposited for an order:

(a) To require additional security;

(b) To require reduction of security;

(c) To require change or substitution of sureties;

(d) To require payment or discharge thereof; or

(e) Relating to any other matter affecting said security.

History.--s. 1, ch. 10166, 1925; s. 1, ch. 14749, 1931; ss. 1-3, ch. 17998, 1937; s. 2, ch. 19270, 1939; C GL
1940 Supp. 4865(3); s. 9, ch. 67-254; s. 1, ch. 71-56; s. 1, ch. 77-462; s. 2, ch. 87-67; s. 7, ch. 87-145; s. 12,
ch. 91-45; s. 10, ch. 93-250; s. 15, ch. 94-348; s. 1357, ch. 95-147; s. 7, ch. 2000-258; s. 1, ch. 2001-130; s.
68, ch. 2003-402; s. 47, ch. 2004-265.

Copyright © 1995-2010 The Florida Legislature • Privacy Statement • Contact Us

www.leg.state.fl.us/statutes/index.cfm… 2/2
7/23/2010 Statewide Grand Jury on Public Corrup…

Home FAQs The Law Press Releases Additional Resources Annual Reports

Search: This Site Web Enter search criteria Report Corruption

The links below provide information On November 30, 2009, Governor Charlie Crist filed a petition
regarding the Grand Jury. requesting that a Statewide Grand Jury be convened in order to Please report information to help
Supreme Court Order “examine and evaluate public policy issues regarding public in the fight against public
Previous Grand Jury Reports coruption.
corruption and develop specific recommendations regarding
Grand Jury Handbook
improving current laws.” On December 2, 2009, the Florida File a Complaint On-line
Supreme Court issued an Order to convene the Nineteenth
Statewide Grand Jury for the purpose of investigating crimes,
Press Releases
returning indictments, and making presentments.
February 1, 2010
Attorney General: Statewide
In Florida, the responsibility to conduct statewide grand juries is given to the
Grand Jury will Help Restore
Statewide Prosecutor. The Statewide Prosecutor designates Assistant Statewide Trust in Government
address: Statewide Prosecution Office
Prosecutors to ensure a statewide grand jury is selected and that a grand jury is
The Capitol, PL-01 December 2, 2009
Tallahassee, FL 32399 presented with testimony and evidence. Starting in February of 2010, the Nineteenth Statement from Attorney General
Grand Jury will be convened in Ft. Lauderdale and shall initially run for twelve on Supreme Court's Order to
phone: 1-800-646-0444
months. The Grand Jury’s investigation of public corruption is not limited to any Convene a Statewide Grand Jury
website: www.myfloridalegal.com
particular region of the State, however, any criminal offenses investigated shall be October 14, 2009
news: Weekly Newsletter multi-circuit in nature. Attorney General’s Statement on
Call for Statewide Grand Jury
The Office of Statewide Prosecution has established a public corruption hotline for
anyone who believes they have information concerning a criminal offense involving
public corruption or wishes to suggest issues the Statewide Grand Jury should
investigate regarding public corruption. A link to the Petition for a Statewide Grand
Jury and the Florida Supreme Court Order Directing Impanelment of a Statewide
Grand Jury has also been provided under the section titled The Grand Jury.

© 2009 Office of the Attorney General of Florida Privacy Policy

myfloridalegal.com/19thstatewidegran… 1/1
 Case 2:07-cv-00228-JES-SPC Document 422 Filed 01/26/10 Page 17 of 18

(Doc. #418) on January 11, 2010. The one page document is

essentially a Notice of Filing and will be construed as such and

denied. The attached Motion has the case number 2:09-cv-791-FTM-

36SPC, which case is currently pending in the Fort Myers Division.

Any motions seeking relief in that case should be filed in that

case only.

(31) Plaintiff filed a virtually identical one page document

as Document #418 which attaches a filing for case number 2:09-cv-

791-FTM-36SPC. (Doc. #419.) Any motions seeking relief in that

case should be filed in that case only. This document is construed

as a Notice of Filing and denied.

(32) Plaintiff filed a virtually identical one page document

as Documents #418 and #419 which attaches a filing for case number

2:09-cv-791-FTM-36SPC. (Doc. #420.) Any motions seeking relief in

that case should be filed in that case only. This document is

construed as a Notice of Filing and denied.

It is accordingly

FURTHER ORDERED:

1. Until further Order, the Clerk shall no longer accept any

further filings, related or unrelated to this specific case, by Ms.

Prescott or Mr. Busse, for filing in this closed case, except for

a single Notice of Appeal from this Order.

2. The Emergency Motions for Relief From Extrinsic Fraud,

Fraud on Courts, and Fraudulent Judgment & Execution Emergency

-17-
 Case 2:07-cv-00228-JES-SPC Document 422 Filed 01/26/10 Page 18 of 18

Motion to Enjoin Fraudulent Judgments and Execution of Fraudulent

Judgments Pursuant to Independent Action(s) for Relief Such as Case

9:09-cv-82359-KLR, FLSD Notice of No Authority to Enforce

Fraudulent Judgment” (Doc. #389) is construed as response to the

pending Motion for Writ of Execution.

DONE AND ORDERED at Fort Myers, Florida, this 26th day of

January, 2010.

Copies:
Parties of record

-18-
7/23/2010 Statewide Grand Jury on Public Corrup…

Home FAQs The Law Press Releases Additional Resources Annual Reports

Search: This Site Web Enter search criteria Report Corruption

The links below provide information On November 30, 2009, Governor Charlie Crist filed a petition
regarding the Grand Jury. requesting that a Statewide Grand Jury be convened in order to Please report information to help
Supreme Court Order “examine and evaluate public policy issues regarding public in the fight against public
Previous Grand Jury Reports coruption.
corruption and develop specific recommendations regarding
Grand Jury Handbook
improving current laws.” On December 2, 2009, the Florida File a Complaint On-line
Supreme Court issued an Order to convene the Nineteenth
Statewide Grand Jury for the purpose of investigating crimes,
Press Releases
returning indictments, and making presentments.
February 1, 2010
Attorney General: Statewide
In Florida, the responsibility to conduct statewide grand juries is given to the
Grand Jury will Help Restore
Statewide Prosecutor. The Statewide Prosecutor designates Assistant Statewide Trust in Government
address: Statewide Prosecution Office
Prosecutors to ensure a statewide grand jury is selected and that a grand jury is
The Capitol, PL-01 December 2, 2009
Tallahassee, FL 32399 presented with testimony and evidence. Starting in February of 2010, the Nineteenth Statement from Attorney General
Grand Jury will be convened in Ft. Lauderdale and shall initially run for twelve on Supreme Court's Order to
phone: 1-800-646-0444
months. The Grand Jury’s investigation of public corruption is not limited to any Convene a Statewide Grand Jury
website: www.myfloridalegal.com
particular region of the State, however, any criminal offenses investigated shall be October 14, 2009
news: Weekly Newsletter multi-circuit in nature. Attorney General’s Statement on
Call for Statewide Grand Jury
The Office of Statewide Prosecution has established a public corruption hotline for
anyone who believes they have information concerning a criminal offense involving
public corruption or wishes to suggest issues the Statewide Grand Jury should
investigate regarding public corruption. A link to the Petition for a Statewide Grand
Jury and the Florida Supreme Court Order Directing Impanelment of a Statewide
Grand Jury has also been provided under the section titled The Grand Jury.

© 2009 Office of the Attorney General of Florida Privacy Policy

myfloridalegal.com/19thstatewidegran… 1/1
LEE COUNTY COMMISSION – PUBLIC CORRUPTION

DEFENDANT JOHN E. MANNING

DEF. LEE COUNTY COMMISSIONER
JOHN E. MANNING
LEE COUNTY PUBLIC CORRUPTION
 “SIX COMMISSIONERS FACED CRIMINAL CHARGES”

NEWS-PRESS, July 9, 2010, www.news-press.com

By Gabriella Souza, gsouza@news-press.com

“Manning comes with …”

“At the time, the board [of Lee County Commissioners]

was in turmoil. Commissioners and county staff came
under fire for illegal dealings and between 1983 and
2000; six commissioners faced criminal charges.
"It was a revolving door of county commissioners and
county managers," Manning said.
Manning, who had decided not to run for re-election, was
prosecuted in 2000. He said he wanted to end his time as
a commissioner so he could go back to the private sector.”

LEE COUNTY COMMISSIONER JOHN E. MANNING

CHARGED IN RECORDS CASE

NEWS-PRESS, May 11, 2000, www.news-press.com

Failure to disclose meetings alleged …

By Lee Melsek

“Prosecutors filed criminal charges against Lee County

Commissioner John Manning on Wednesday for failing to
disclose years of private meetings with lobbyists seeking
such things as land-use changes, roads and multimillion-
dollar county contracts.
Manning, who voted to approve the county law he's
accused of violating, claims he misinterpreted the law. He
is charged with a second-degree misdemeanor …”

LEE COUNTY COMMISSION – PUBLIC CORRUPTION

NEWS-PRESS, LETTERS TO THE EDITOR

July 10, 2010, www.news-press.com

“The News-Press exposed his failure to obey that law,

local prosecutors then charged him with violating the
disclosure law and the courts fined him after he pleaded
no contest.”

LEE MELSEK
Fort Myers Beach
LEE COUNTY PUBLIC CORRUPTION
LEE COUNTY PUBLIC CORRUPTION
LEE COUNTY COMMISSION – PUBLIC CORRUPTION
14
15
 DEFENDANT CORRUPT LEE COUNTY COMMISSION

NEWS-PRESS, LETTERS TO THE EDITOR

July 10, 2010, www.news-press.com

Recall Past Actions

“Don’t you just love the integrity of politics? John Manning

back as commissioner because he has experience? John
Manning is the commissioner who wrote an ordinance,
then broke his own ordinance, and his attorney then called
Manning’s ordinance a stinky little law or something to that
effect. I wonder if Charlie Crist was aware of this when he
appointed Manning back to the Lee County Commission?”

RON SMILEY
Fort Myers
 LEE COUNTY COMMISSION – PUBLIC CORRUPTION

NEWS-PRESS, July 13, 2010, www.news-press.com

TRANSPARENCY ABOVE ALL ELSE: EDITORIAL

“We expect our elected officials to be law-abiding citizens

who seek to uphold the rules they create. When they
don’t, we question their integrity and ability to serve.
Recently, criticism has surfaced about newly appointed
interim Lee County Commissioner John Manning’s
decade-old no contest plea and $1,000 fine for violating
the county’s lobbyist disclosure ordinance. He had a been
a three-term county commissioner at that point and helped
craft the ordinance.
That no contest plea has come back to haunt him in
letters to the editor, for example, as he was appointed to
the post and is seeking election to it.
At least one of his opponents, former Cape Coral
Economic Development Director Mike Jackson, sees it as
old news, and after 10 years, it likely is. Manning’s also
facing former Cape Coral Councilman Chris Berardi and
former Lee County School Board Member Bob Chilmonik.
This issue should still matter, however. Voters have a right
to take into consideration the whole record of a candidate.
In a questionnaire for The News-Press Editorial Board,
Manning affirmed his support for the Sunshine Law —
open records and open meetings laws — opposing
exemptions to it and looking to expand it further.
That’s a good sign, and redemption certainly is an
American value. Manning has a chance to correct his past
error by striving to be the most transparent public official in
our community.
Anything less than that should be grounds to vote for one
of his opponents in the Aug. 24 primary election.”

Sunshine Dimmed
“Re: “Manning comes with polished reputation,” July 9.
Only a single sentence in an otherwise fawning profile of
Manning hinted that something was not quite right during
his earlier time on the commission.
Alas, there was no attempt whatsoever to detail to readers
and voters the betrayal of the public trust Mr. Manning
committed while a commissioner in the late ‘90s. Only this
vague reference to the fact “he pleaded no contest for not
following the county’s lobbyist disclosure law and paid
$1,000 in fines and court costs.”
The law, which Manning voted to adopt in the early ‘90s, is
an important Lee County addendum to the state’s open
government requirements. The Lee County law requires
commissioners to keep logs of their private meetings with
lobbyists. They must disclose the names of the lobbyists,
the dates of the meetings, the issues they discussed and
the people and companies those lobbyists represent. It’s a
noble attempt to prevent government in the shadows
much like other counties have adopted.
It lets the public know who is influencing, or attempting to
influence, our elected commission behind closed doors.
While the other four commissioners were dutifully obeying
that law and filing their disclosure logs every three months
with the Clerk’s Office Minutes Department, John Manning
chose to ignore it for the entire four years of his last term
in office. He chose government in the shadows as he met
with companies and their high-priced lawyers and
lobbyists seeking votes and favors in the privacy of his
office or theirs.”
 Case 2:07-cv-00228-JES-SPC Document 434 Filed 07/22/10 Page 1 of 2

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

JORG BUSSE

Plaintiff,

vs. Case No. 2:07-cv-228-FtM-29SPC

LEE COUNTY, FLORIDA; BOARD OF LEE

COUNTY COMMISSIONERS; THE LEE COUNTY
PROPERTY APPRAISER; STATE OF FLORIDA
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND, STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION,

Defendants.
___________________________________

ORDER

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.

Recognizing that a Pre-Filing Injunction (Case No. 2:09-cv-791-FTM-

36SPC, Doc. #245) was issued on July 20, 2010, prohibiting any

further filings without leave of Court, the Court will grant

plaintiff leave to file a single responsive document to defendant’s

motion.

Accordingly, it is now

ORDERED:
 Case 2:07-cv-00228-JES-SPC Document 434 Filed 07/22/10 Page 2 of 2

Plaintiff may file one response to defendant’s Motion for

Entry of Order Directing Public Sale of Real Property (Doc. #432)

within FOURTEEN (14) DAYS of this Order. If no response is

received, the Court will rule on the motion without the benefit of

a response and without further notice.

DONE AND ORDERED at Fort Myers, Florida, this 22nd day of

July, 2010.

Copies:
Plaintiff
Counsel of record

-2-
PUBLIC CORRUPTION COMPLAINT
AGAINST DEFENDANT BEVERLY B. MARTIN
CORRUPT U.S. CIRCUIT JUDGE

CERTIFIED DELIVERY
Federal Bureau of Investigation
5525 West Gray Street
Tampa, FL 33609
Phone: (813) 253-1000

DEFENDANT BEVERLY B. MARTIN

RECORD LACK OF IMMUNITY - PERPETRATION OF UNLAWFUL ACTS
1. The Plaintiff public corruption victims are suing Defendant Beverly B. Martin (“Martin”) in
her private individual capacity and official capacity as U.S. Circuit Judge. Defendant
Martin’s unlawful and criminal acts on record were outside any immunity and official
capacity.
FELONIES OUTSIDE ANY “official” CAPACITY
2. Under color of undocketed and/or falsified Cases ## 2010-10963 and 2010-10967, Def.
Martin falsified official records and documents and caused others to falsify for criminal and
illegal purposes of extorting money and property under fraudulent pretenses of “frivolity”.
3. Def. Martin knew and concealed that the only paid judgment of record had been in the
amount of $24.30. When the Plaintiffs conclusively proved the prima facie criminality,
illegality, and nullity of a falsified “$5,048.60 judgment”, which could nowhere be found,
Case No. 2:2007-cv-00228, Def. Martin retaliated with further case fixing on “Jul 19 2010”.
COERCION, EXTORTION UNDER FALSE PRETENSES, AND COVER-UP
4. Def. Martin coerced the Plaintiff corruption victims to refrain from redressing their
grievances of a facially falsified and un-recorded “$5,048.60 judgment”, fake “writ of
execution”, Doc. # 425, and forged “land parcels”. No court had ever reviewed the record
forgeries of said fake “land parcels”, and Def. Martin conspired with other Offenders to
keep it that way and keep Plaintiffs out of Court. Just like a Government whore, Def. Martin
procured her order through brazen fraud on the Court, Fla.R.Civ.P. 1.540; see also 1.550.
CONTEMPT OF FLORIDA LAW, CHAPTERS 55, 56, 71, 73, 74, 95, 712, FLA. STAT.
5. Def. Martin concealed that here nothing could have possibly become a lien on Plaintiffs’
property under Ch. 55, 56, 71, Fla. Stat.
MARTIN’S KNOWLEDGE OF CRIMES AND UNLAWFUL ACTS
6. Defendant Corrupt Martin had knowledge of the actual commission of felonies such as, e.g.,
the falsifications of
a. a “$5,048.60 judgment”;
b. an appeal [see Case ## 2010-10967, and/or 2010-10963];
c. a “writ of execution” [Case No. 2:2007-cv-00228, Doc. # 425];
d. “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”;
e. a “regulation”, “resolution 569/875”, “legislative act”, and/or “O.R. 569/875”.
However, Def. Martin concealed and conspired to conceal said record falsifications. Here
even though Def. Martin had knowledge of, e.g., judicial Co-Defendant Polster Chappell’s,
 Steele’s, Pizzo’s, and Lazzara’s obstruction of justice and fraudulent concealment of
facially forged “land parcels”, a falsified “writ of execution”, falsified “$5,048.60
judgment”, Corrupt Martin did not make the same known to some judge or person in
authority, but covered up for said Offenders in exchange for bribes, 18 U.S.C. §§ 3, 4.
ACCESSORY AFTER THE FACT
7. Defendant Crook Martin knew that Defendant principal Offenders Steele, Chappell, Pizzo,
and Lazzara had committed record offenses and assisted said Offenders, 18 U.S.C. §§ 3, 4.
In particular, Martin assisted said Offenders with a facially fraudulent “writ of execution” and
the falsification and/or destruction of official records.
DELIBERATE DEPRIVATIONS UNDER COLOR OF FAKE “writ” AND “resolution”
8. Defendant Martin deliberately deprived the Plaintiffs, e.g., under color of a fake “writ of
execution”, “resolution 569/875”, and “frivolous appeal”, 18 U.S.C. §§ 241, 242.
RECORD RETALIATION UNDER COLOR OF WRIT OF EXECUTION & SANCTIONS
9. With the intent to retaliate, Corrupt Martin knowingly took actions harmful to the Plaintiff
public corruption victims, which included interference with Plaintiffs’ livelihood and record
land ownership, because the Plaintiff landowners had provided truthful information relating
to the commission of Federal offenses to law enforcement, 18 U.S.C. §§ 1513.
EXTORTION ASSISTANCE UNDER COLOR OF “FRIVOLOUS APPEAL”
10. Knowingly, Def. Martin assisted the extortion of Plaintiffs’ property and/or threatened to do
so, with corrupt intent to retaliate against the Plaintiffs because the Plaintiffs had blown the
whistle on public corruption; in particular, because the Plaintiffs had produced records and
testimony conclusively evidencing Government corruption and fraud, and information about
the commission of Federal offenses by Government Officials. Here, Plaintiff Government
crime and corruption victims had the right to be reasonably protected from the Government
Offenders and Judges of record, 18 U.S.C. § 3771.
CONSPIRACY TO OBSTRUCT JUSTICE AND COURT ACCESS
11. Def. Martin conspired with other Defendants and Officials to “restrict Appellant’s ability to
pursue future appeals” for, e.g., criminal and unlawful purposes of concealing:
a. Facially forged “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-
00001.0000”;
b. Falsification of [a recorded “$24.30 judgment” into] an un-recorded“$5,048.60”-
extortion-and-execution scheme;
c. Falsification of a “writ of execution” in the absence of a recorded “$5,048.60”
“judgment”;
d. Destruction and falsification of official Court records.
EXACTION OF MONEY BY THREAT OF, E.G., ARREST AND CIVIL CONTEMPT
12. Def. Martin conspired to exact money from Plaintiffs under color of, e.g., “frivolous appeal”
even though Martin knew that no legal basis for and justification of “frivolity” had ever or
could have possibly ever existed.
CONSPIRACY TO ASSIST EXTORTION AND BLACKMAIL
13. In particular, Def. Martin conspired and assisted to extort $5,048.60 and property in the
absence of any recorded authentic judgment and justification. Martin caused other
Government Officials to falsify, alter, and destroy official records for criminal and illegal
purposes of concealing other Defendant Officials’ extortion, coercion, obstruction of
justice and other crimes of record.

2
14. Def. Martin made unlawful communications and threatened Plaintiff public corruption
whistleblowers with obstruction of court access and deliberate deprivations of Plaintiffs’
express fundamental rights to redress Government grievances, own property, and exclude
Governments.
MISCONDUCT AND EXTENSION OF RECORD CRIMES AND FALSIFIED “WRIT”
15. Under prima facie fraudulent pretenses of “frivolous appeal”, Def. Martin recklessly
extended the record Government crimes, and FIXED and “DISMISSED AS
FRIVOLOUS”. Def. Martin assisted and conspired the reckless perversion and
falsification of a recorded “Judgment” and “Bill of Costs” in the amount of $24.30 “issued as
mandate on 06/11/2009” for criminal and illegal purposes of extortion, coercion, and
retaliation against the Plaintiff corruption whistle blowers. In order for the record fraud
under said fake “land parcels” to continue and for illegal purposes of silencing the Plaintiff
landowners, Def. Martin “SUSPENDED” and perverted the Rules and caused the Clerk to
“discard” more documents.
FALSIFICATION OF APPEAL NUMBERS
16. The payment records regarding Plaintiffs’ multiple appeals conclusively proved the
falsifications and fabrications of “Appeal Number 10-10963 and/or 10-10967”. See U.S.
District Court payment records and receipts. The U.S. Clerk refused to certify and
authenticate the payment record. See Fed.R.Civ.P. 44.
17. Def. Martin pulled “frivolity” out of her ass without any explanation and/or justification
whatsoever. Review of the recorded judgment patently clearly evidenced that the District and
Circuit had fabricated “lack of jurisdiction” for illegal purposes of concealment and cover-
up. Plaintiffs were entitled to defend their unimpeachable, unencumbered, and marketable
record title against Government extortion and fraud, which of course had invoked Federal
jurisdiction directly under the express guarantees of the Federal and Florida Constitutions.
18. Here with wanton disregard for the law, and including Fla.R.Civ.P. 1.540, 1.550, Ch. 55,
56, 71, 73, 74, 95, 712, Fla. Stat., Def. Martin conspired to oppress Plaintiffs with prima
facie non-existent and/or illegal orders, judgments, and/or mandates…

/s/Jorg Busse, M.D., M.M., M.B.A.

c/o International Court of Justice
Peace Palace
The Hague, Netherlands

/s/Jennifer Franklin Prescott

c/o International Court of Justice
Peace Palace
The Hague, Netherlands

CC
Florida Department of Law Enforcement
U.S. Department of Justice
The Florida Bar
Real Property Probate and Trust Lawyer Section, The Florida Bar
Barack Hussein Obama
Eric Holder

3
17
 Page 1 of 4

United States Court of Appeals

for the Eleventh Circuit

56 Forsyth Street, NW
Atlanta, GA 30303
(404) 335-6100

Cases for Jorg Busse, Dr.

Docket Date Withdrawn
Short Style Party Type
Number From Case
09-16202 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-16201 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant
09-14715 Jennifer Franklin Prescott v. State of Florida Appellant
09-14714 Jennifer Franklin Prescott v. State of Florida Appellant
09-14713 Jennifer Franklin Prescott v. State of Florida Appellant
09-14712 Jennifer Franklin Prescott v. State of Florida Appellant
09-14326 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-14325 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-14324 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-14323 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-14321 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-14320 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-14319 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-14318 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-14317 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-14316 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-14315 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-14314 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-14313 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-14312 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-14310 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant
09-14309 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant
09-14308 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant
09-14307 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant
09-14306 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant

http://pacer.ca11.uscourts.gov/srchPtyCase.fwx?ID=610101050 7/14/2010
 Page 2 of 4

09-14305 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant

09-14304 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant

United States Court of Appeals

for the Eleventh Circuit

56 Forsyth Street, NW
Atlanta, GA 30303
(404) 335-6100

Cases for Jorg Busse, Dr.

Docket Date Withdrawn
Short Style Party Type
Number From Case
09-14303 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant
09-14302 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant
09-14301 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant
09-14300 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant
09-14299 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant
09-14298 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant
09-14297 Dr. Jorg Busse v. State of Florida Appellant
09-14296 Dr. Jorg Busse v. State of Florida Appellant
09-14295 Dr. Jorg Busse v. State of Florida Appellant
09-14294 Dr. Jorg Busse v. State of Florida Appellant
09-14293 Dr. Jorg Busse v. State of Florida Appellant
09-14292 Dr. Jorg Busse v. State of Florida Appellant
09-14291 Jennifer Franklin Prescott v. State of FL Appellant
09-14290 Jennifer Franklin Prescott v. State of FL Appellant
09-14289 Jennifer Franklin Prescott v. State of FL Appellant
09-14288 Jennifer Franklin Prescott v. State of FL Appellant
09-14285 Jorg Busse v. Lee County, Florida Appellant
09-14284 Jorg Busse v. Lee County, Florida Appellant
09-14282 Jorg Busse v. Lee County, Florida Appellant
09-14281 Jorg Busse v. Lee County, Florida Appellant
09-13525 Dr. Jorg Busse v. State of Florida Appellant
09-13523 Jennifer Franklin Prescott v. State of Florida Appellant

http://pacer.ca11.uscourts.gov/srchPtyCase.fwx?ID=610101050 7/14/2010
 Page 3 of 4

09-13522 Jorg Busse v. Lee County, Florida Appellant

09-13519 Jorg Busse v. Lee County, Florida Appellant
09-13517 Jorg Busse v. Lee County, Florida Appellant
09-13378 Jennifer Franklin Prescott v. State of Florida Appellant
09-13376 Dr. Jorg Busse v. State of Florida Appellant

United States Court of Appeals

for the Eleventh Circuit

56 Forsyth Street, NW
Atlanta, GA 30303
(404) 335-6100

Cases for Jorg Busse, Dr.

Docket Date Withdrawn
Short Style Party Type
Number From Case
09-13308 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-13189 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-13188 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-13187 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-13186 Jennifer Franklin Prescott v. Gerald B. Tjoflat Appellant
09-12372 Jorg Busse v. Lee County, Florida Appellant
09-12329 Jennifer Franklin Prescott v. Richard A. Lazarra Appellant
09-12224 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant
09-11305 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant
09-10752 Jennifer Franklin Prescott v. Richard A. Lazzara Appellant
09-10747 Dr. Jorg Busse v. State of Florida Appellant
09-10746 Dr. Jorg Busse v. State of Florida Appellant
09-10745 Dr. Jorg Busse v. State of Florida Appellant
09-10464 Dr. Jorg Busse v. State of Florida Appellant
08-15140 Jennifer Franklin Prescott v. State of Florida Appellee
08-14846 Jennifer Franklin Prescott v. State of Florida Appellant
08-13170 Jorg Busse v. Lee County Florida Appellant

PACER Service Center

http://pacer.ca11.uscourts.gov/srchPtyCase.fwx?ID=610101050 7/14/2010
 Page 4 of 4

Transaction Receipt
07/14/2010 22:12:10
PACER
we0083 Client Code:
Login:
List cases for Search Party=Jorg Busse,
Description:
party Criteria: Dr.
Billable Pages: 3 Cost: 0.24

Send Comment Change Client Code View Billing History Search

http://pacer.ca11.uscourts.gov/srchPtyCase.fwx?ID=610101050 7/14/2010
 Page 1 of 1

United States Court of Appeals

for the Eleventh Circuit

56 Forsyth Street, NW
Atlanta, GA 30303
(404) 335-6100

Cases for Jorg Busse

Docket Date Withdrawn
Short Style Party Type
Number From Case
09-16215 Jennifer Franklin Prescott v. Susan H. Black Appellant
09-16209 Jennifer Franklin Prescott v. State of Florida Appellant
09-16208 Jennifer Franklin Prescott v. Roger Alejo Appellant
09-16207 Jennifer Franklin Prescott v. Roger Alejo Appellant
09-16206 Jennifer Franklin Prescott v. Roger Alejo Appellant
09-16205 Jennifer Franklin Prescott v. Roger Alejo Appellant
09-16204 Jennifer Franklin Prescott v. Roger Alejo Appellant
09-16203 Jennifer Franklin Prescott v. Roger Alejo Appellant

PACER Service Center

Transaction Receipt
07/14/2010 22:11:55
PACER
we0083 Client Code:
Login:
List cases for Search Party=Jorg
Description:
party Criteria: Busse
Billable Pages: 1 Cost: 0.08

Send Comment Change Client Code View Billing History Search

http://pacer.ca11.uscourts.gov/srchPtyCase.fwx?ID=610101052 7/14/2010
 IN THE UNITED STATES COURT OF APPEALS

FOR THE CORRUPT ELEVENTH CIRCUIT

____________________________

No. 10-10963-I
____________________________

D.C. Docket No. 2:07-00228-CV-FtM-JES-SPC

DR. JORG BUSSE,

Plaintiff-Appellant,

KENNETH M. ROESCH, J.R., et al.,

Plaintiffs,
versus

LEE COUNTY, FLORIDA,

BOARD OF LEE COUNTY COMMISSIONERS,
THE LEE COUNTY PROPERTY APPRAISER,
STATE OF FLORIDA, BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND,
KIENNETH M. WILKINSON, et al.,

Defendants-Appellees.
___________________________________

Not Docketed in Violation of Law

Nazi-style Mock U.S. Proceedings Without any Due Process

___________________________________

APPELLANT(S)’ PETITION FOR WRIT OF CERTIORARI

NOTICE OF APPEAL FROM VEXATIOUS NAZI STYLE 04/06/10 “ORDER”

(April 14, 2009)

 PETITION FOR AND JURISDICTION ON WRIT OF CERTIORARI
1. Hereby, Plaintiff(s)-Appellant(s) petition for a Writ of Certiorari and supervisory
review of the fraud on the Court by U.S. Judges since 2007 on the record(s).
2. “A petition for a writ of certiorari to review a case pending in a United States
court of appeals, before judgment is entered in that court, will be granted only
upon a showing that the case is of such imperative public importance as to justify
deviation from normal appellate practice and to require immediate determination
in this Court. See 28 U. S. C. § 2101(e); Rule 11, Certiorari to a United States
Court of Appeals before Judgment.
NAZI STYLE JUDICIAL CRIMES ON THE RECORD
3. Here, the Nazi-style crimes by U.S. District and Circuit Judges and their
fraudulent concealment of Governmental forgeries “O.R. 569/875” were shown
and conclusively proven to be “of such imperative public importance as to justify
deviation from normal appellate practice and to require immediate
determination” in the U.S. Supreme Court. In particular, the (extra)judicial crimes
in these Case(s) & Appeal(s) destabilized real property ownership in America and
any confidence in the American judicial system, where on the record, Federal
Judges corruptly fabricated that Governmental forgeries “O.R. 569/875” were
purportedly “law” and/or “authorized” Government to criminally seize and
confiscate private property without any due process and equal protection of the
law. Here just like Nazi Officials, U.S. Judges extended record facial forgeries
“O.R. 569/875” and facially forged “land” “parcels” “12-44-20-01-00000.00A0”
and “07-44-21-01-00001.0000”, which never legally existed, Lee County Plat
Book 3, Page 25 (1912).
COMPELLING REASONS SUCH AS MASSIVE JUDICIAL CORRUPTION
4. Here, said U.S. Court of Appeals, 11th Circuit, entered facially idiotic decisions in
conflict with its own decisions, other U.S. Appellate Court, and Supreme Court
decisions on the same important matters. Here, judicially fabricated
condemnation, eminent domain, and/or involuntary alienation by forged
“resolution”, “legislative act”, “legislative” “claim” and/or Governmental
forgeries such as, e.g., “O.R. 569/875” were criminal acts prohibited by law and
violative of Constitutional checks and balances. Here, U.S. Judges criminally
retaliated and conspired to criminally “deter”, “sanction”, and “punish” pro se
Plaintiff(s) with an illegal “writ of execution” and criminal seizure of Plaintiff(s)
riparian Gulf-front property, Parcel # 12-44-20-01-00015.015A”, Accreted Gulf-
front Lot 15A, as legally described in reference to the 1912 “Cayo Costa”
Subdivision Plat of Survey in Lee County Plat Book 3, Page 25.
CRIMINAL OBSTRUCTION OF MEANINGFUL “JUDICIAL REVIEW”
5. Just like Nazi Government Officials, the corrupt Judges in the Eleventh Circuit
obstructed justice and court access by fabricating a “resolution”:

2
 “On 10 December 1969, the Board of Commissioners of Lee County,
Florida (“the Board”) adopted a resolution claiming certain lands in the
Cayo Costa subdivision as public lands (“the Resolution”). R10-288 at 9.”
See corrupt March 5, 2009 Appellate “Opinion”, No. 08-13170, District Court
Docket No. 07-00228-CV-FTM-29-SPC, p. 2.
RECORD JUDICIAL CRIMES & FRAUD ON THE COURT(S)
6. Here, U.S. Judges perpetrated fraud on the Court(s), procured another unlawful
“order” through trickery & malice, and fabricated a “resolution”. Here, no
evidentiary support of a “resolution” had ever existed, and the Governmental
concoctions of condemnation by Governmental facial forgeries “O.R. 569/875”
were record crimes.
RECORD PSYCHOPATHOLOGICAL LIES OF “RESOLUTION” & “CLAIM”
7. Here, no “resolution” had ever legally existed, and Defendant “Board” never
“adopted” Governmental forgeries “O.R. 569/875”. Here, no name of any
“Board” member appeared on Governmental forgeries “O.R. 569/875”. Here, no
“resolution” had ever been legally recorded. Here, no original of any “resolution”
ever existed. Here, there was rampant judicial corruption and fraud on the Court.
Therefore, any and all Federal “opinions” and “orders” since 2006 were null and
void from the outset.
PERVERSIONS OF CONSTITUTIONAL PROHIBITIONS OF “CLAIM”
8. Florida and Federal Constitutions expressly prohibited confiscating and/or
“claiming” “land” by “adoption” of a “resolution” and/or any “law”. Here, the
Nazi-style Judges in the 11th Court lied and criminally perverted said
Constitutions’ checks and balances. Here, the law did not recognize criminal
confiscation and seizure by any “resolution”, “law”, and/or Governmental
forgeries “O.R. 569/875”.
9. Here, said outlaw Judges were out of control when they brazenly concocted a
“resolution” and/or “legislative act” and then punished the pro se Plaintiff(s)
merely for “redressing their Governmental grievances” and opposing the
psychopathological judicial lies and Governmental crimes on the record.
10. Just like Nazi Judges fabricated that Nazi Government could “claim” the property
of Jews and Nazi opponents, here criminal Judges idiotically concocted that
Defendant Governments could “claim” Plaintiff(s) “raid lands” Nazi style and by
criminal means of forged “O.R. 569/875”.
THE JUDICIAL CROOKS COULD NOT ANSWER PLAIN QUESTIONS:
11. When asked plain and short: Who adopted what, where, when, and how, the
criminal Judges in this corrupt Court imposed” “sanctions” just like Nazi Judges
did when asked why Jews and Nazi opponents were murdered in Nazi
concentration camps.
THE NAZI STYLE CRIMES OF “SICK” FEDERAL JUDGES

3
12. When the pro se Plaintiffs demanded to see the original of the forged “resolution”
and/or authenticated copies, the crooked Judges “deterred”, “sanctioned”, and
“punished” the Plaintiff(s) just like Nazi Judges “deterred” Nazi opponents in
death camps and pedophile priests “punished” raped children when they reported
the priests’ rape.
PREMEDITATED JUDICIAL FRAUD AND CONSPIRACY TO DEFRAUD
13. Here, U.S. Judges fraudulently concealed that Governmental forgeries “O.R.
569/875” were “paste-ups”. Here, the illegible fake “recording” stamp(s) on said
Governmental forgeries were pasted by Governmental con men. Here for years,
U.S. Judges conspired with the Defendants to fraudulently conceal the criminality
of Nazi style forged “claims” of “raid lands”, Governmental forgeries “O.R.
569/875”.
FRAUDULENT JUDICIAL PRETENSES OF “REVIEW” & “FRIVOLITY”
14. Here in the absence of a docket, criminal Judges “faked” “judicial review” and
“frivolity”:
“these appeals have been reviewed and determined to be frivolous.”
See fraudulent “04/06/2010” 11th Circuit “order”.
Here, the Case Docket(s) disappeared just like Nazi court records disappeared at
the hands of Nazi judges. Here, sick Judges criminally concocted a “resolution”
and “frivolity”.
NAZI-STYLE “RESTRICTIONS” ON JUSTICE & FRAUD ON THE COURT
15. In their criminal “order”, post stamped “04/06/2010”, the objectively corrupt and
partial Judge(s) in this Court again “imposed” Nazi-style “restrictions”:
“As part of its Order, the Court imposed restrictions on Appellant’s ability…”
POLICY & CUSTOM OF NAZI-STYLE “RESTRICTIONS” & TERROR
16. Just like Nazi Government Officials maliciously “restricted” the “abilities” of
Jews and Nazi opponents, the crooked Judge(s) in this Court premeditated
obstruction of justice, “deterrence”, “punishment”, and “judicial concentration
camp” for the pro se Plaintiff(s), because the pro se Plaintiff(s) opposed, e.g.,
Governmental forgeries and scam “O.R. 569/875” and forged “Lee County”
“land” “parcels” “12-44-20-01-00000.00A0”, and “07-44-21-01-00001.0000”.
OBSTRUCTION OF JUSTICE & FRAUD ON THE COURTS, DOC. # 338
17. Here for years, the vexatious U.S. judicial policy and custom on the record was
obstruction of justice of the adjudication of the pro se Plaintiff(s)’ “claims”:
“The copy of the Resolution [Governmental Forgeries “O.R. 569/875”]
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 vexatious and facially fraudulent “Opinion and Order”, Doc. # 338, p. 12,
Case No. 2:07-cv-228-FtM-JES-SPC, by crooked District Judge John Edwin
Steele.

4
 NAZI-STYLE ANARCHY INSTEAD OF ADJUDICATION
18. Even though the Defendants had ADMITTED that Lee County, Florida, and/or its
Commissioners had never “signed” and/or “executed” Governmental forgeries
“O.R. 569/875” as conclusively evidenced by the true and correct copies of said
fake “claims” on record, the Federal Judges conspired to uphold lawlessness and
judicial corruption.
JUDICIAL FAILURE TO “SHOW CAUSE” – FRIVOLITY FRAUD SCHEME
19. Here, the conspiring U.S. Judges in this Court never “showed any cause” for the
“punishment” and “sanctions” of the pro se Plaintiff(s) under fraudulent pretenses
of “frivolity” just like Nazi Official never “showed any cause” why they murdered
Jews and Nazi opponents.
20. Just like Nazi Officials made the crime records of Nazi killings disappear, here the
criminal Judges in this Court made dockets and records of oppression disappear.
See Case Dockets. Here, crooked U.S. Judges covered up for other outlaw Judges
in said U.S. Judicial Gang just like Nazis covered up for Nazis, and Catholic
bishops for priests.
NO AUTHENTICATION OF JUDICIALLY FABRICATED “RESOLUTION”
21. Even though the vexatious Judges in this Nazi-style Appellate Court had been
“unable” to authenticate any “resolution”, “legislative act”, “land use regulation”,
and/or “law”, they criminally continued to fraudulently pretend a “resolution” and
torture, terrorize, punish, and oppress the pro se Plaintiffs just like Nazi Officials
terrorized and oppressed Jews and Nazi opponents.
22. Just like Nazi Officials used forged papers to confiscate property of Jews in
concentration camps, here U.S. Judges used prima facie forgeries “O.R. 569/875”
to criminally confiscate pro se Plaintiff(s)’ riparian property.
FACIALLY IDIOTIC JUDICIAL “ARGUMENTS” ON THE RECORD
23. Here, prima facie Governmental forgeries “O.R. 569/875” were not any
“resolution”, because no “lawmaker” had ever “signed” and/or “executed” said
scam. Just like Nazi Government Officials seized the property of Jews and Nazi
opponents by criminal means of forged Nazi “claims”, here U.S. Judges fabricated
a “resolution” and/or “legislative act”. Here, District and Circuit Judges agreed
and conspired to “cover up” for crooked Judge Steele and conceal the idiotic
criminal fabrication that Governmental forgeries “O.R. 569/875” were purportedly
“law”. The law did not recognize said Nazi-style “claim”.
SCIENCE & FORENSICS CONTROVERTED OUTLAW JUDGES:
FORENSICS vs. NAZI-STYLE “FRIVOLITY” “CLAIM”
24. Here on the record, the Defendants themselves had CONTROVERTED the outlaw
Judges’ fabrications of a “legislative act” and/or “resolution”. Furthermore,
forensic examinations had conclusively proven that Governmental forgeries “O.R.
569/875” were not any “legislative act” and/or “resolution”. Here, U.S. Judges

5
 kept lying, concealing, and covering up for crooked Judge Steele, his oppressive
Nazi style, Doc. # 338, and judicial crimes.
VEXATIOUS JUDICIAL FARCE & MOCKERY OF “ORDER” (“04/06/2010”)
25. Here, said 04/06/2010 “order to show cause” was a facial farce and mockery. On
their faces, Governmental forgeries “O.R. 569/875” patently clearly portrayed the
facts and evidence of Governmental fraud, extortion, and crimes. Here, the law
expressly prohibited Governmental scam “claim all of raid lands”.
26. Here, only Nazi-style Judges needed “cause shown”. Just like Nazi Judges did not
comprehend the criminality of murdering Nazi opponents in concentration camps,
here these Nazi-type Judges did not “get” the patently clear criminality of
Governmental forgeries “O.R. 569/875”, but needed “cause shown”. Just like the
Pope needed “cause shown” for the prosecution of rapist priests, the Nazi-type
Judges in the Eleventh Circuit needed “cause shown” why “disallowing” the pro
se Plaintiffs to “assert” Governmental fraud & corruption and concealing the
criminality of said Governmental forgeries was not criminal.
27. Just like Nazi Judges staged fake “proceedings” for Jews and Nazi opponents, and
were utterly unable to “show” any Nazi wrongdoing and/or “cause” for
prosecution for murder of innocent Nazi opponents in concentration camps, this
“order” is a criminal charade.
TIME FOR “NUREMBERG TRIALS” OF “JUDICIAL TERRORISTS”
28. Here, the time for “Nuremberg Trials” has come. Here under public policy, said
“judicial terrorists” in Atlanta are on trial for fraudulently concealing
Governmental forgeries “O.R. 569/875”, fraud, and eminent domain extortion…

6
 CROOKED U.S. JUDGES CONTROVERTED BY SCIENCE

WORLDWIDE PUBLICATIONS OF U.S. JUDICIAL CORRUPTION

U.S. GOVERNMENTAL FORGERIES “O.R. 569/875”:

IDIOTIC GOVERNMENTAL FABRICATIONS OF “LAW”

http://www.scribd.com/Judicial%20Fraud

531 Documents
11 Subscribers
43,962 Reads
183 Downloads

mail@handwritingexpert.org.uk,
pnina555@bezeqint.net,
kim@kimwasley.com,
forgeryhelp@sandrabasyefde.com,
nadepres@handwriting-examiner.com,
send2lorrie@yahoo.com,
teresa@teresadeberry.com,
forgeryhelp@sandrabasyefde.com,
sheila@sheilalowe.com,
• Fraudulent alterations of words and letters in more than one forgery

• Writing in more than one font type

• Writing in more than one font size

• Writing in more than one writing style

• Misspelled words

• Misaligned typing

• Uneven spacing in the writing

• Missing portions of writing and/or printing

• Fraudulent paste-ups

• Incorrect vertical, horizontal and/or margin spacing

• Unclear and illegible fake stamp

• Smudged and illegible time stamp

• No signatures by any “lawmaker”

• No name(s) of any “lawmaker”

• Illegible and unclear fake handwriting

• Smeared and smudged imaging

• Inconsistent “trash marks”

• Different ink densities ….

 UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

JORG BUSSE

Plaintiff,

vs. Case No. 2:07-cv-228-FtM-29SPC

LEE COUNTY, FLORIDA; BOARD OF LEE

COUNTY COMMISSIONERS; KENNETH M.
WILKINSON; LEE COUNTY PROPERTY
APPRAISER’S OFFICE; STATE OF
FLORIDA, BOARD OF [PAST & PRESENT]
TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND, STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION, AND DIVISION OF
RECREATION AND PARKS; LEE COUNTY
ATTORNEY; JACK N. PETERSON,

Defendants.
___________________________________

OPINION AND ORDER

This matter comes before the Court on the following motions:

(1) defendant Property Appraiser’s Motion to Dismiss and Close File

(Doc. #285), to which plaintiff filed a Response (Doc. #302); (2)

defendants State of Florida Board of Trustees of the Internal

Improvement Trust Fund (Trustees) and Florida Department of

Environmental Protection’s (DEP) Joint Motion to Dismiss for Lack

of Jurisdiction and for Failure to State a Cause of Action (Doc.

#291), to which plaintiff filed a Response (Doc. #316); (3)

defendant The Lee County Appraiser’s Motion to Dismiss for Lack of

Jurisdiction (Doc. #303), to which plaintiff filed a Response (Doc.

#317); and (4) defendant Board of Lee County Commissioners’ Motion

to Dismiss (Doc. #304), to which plaintiff filed a Response (Doc.

#318). Because Plaintiff is proceeding pro se, his pleadings are

held to a less stringent standard than pleadings drafted by an

attorney and will be liberally construed. Hughes v. Lott, 350 F.3d

1157, 1160 (11th Cir. 2003).

I.

On December 10, 1969, the Board of County Commissioners of Lee

County, Florida adopted the “Resolution Pertaining to Public Lands

in Cayo Costa Subdivision”, Book 569, page 875 (the Resolution).

The Resolution stated that the Second Revised Plat of the Cayo

Costa Subdivision contained certain designated lot and block areas

and other undesignated areas. The Resolution further noted that

the plat contained certain un-numbered and unlettered areas lying

East of the Easterly tier of blocks in the subdivision and lying

West of the Westerly tier of blocks in the subdivision. The

Resolution stated that Lee County claimed the lands to the east and

west of the tier of blocks as “public lands together with all

accretions thereto” and “does by this Resolution claim all of said

lands and accretions thereto for the use and benefit of the public

for public purposes.” (Doc. #288, p. 9.)

Plaintiff Jorg Busse (plaintiff or Dr. Busse) asserts he is

the current owner of Lot 15A of the Cayo Costa Subdivision and

-2-
accretions thereto. (Doc. #288, ¶¶ 1, 2.) Plaintiff describes Lot

15A as being more than approximately 2.5 acres fronting the Gulf of

Mexico with an estimated fair market value of more than $2 million.

(Id. at ¶6.) Plaintiff asserts that the Resolution violates his

property rights in Lot 15A, which includes accretions, under both

federal and state law.

Count 1 sets forth a claim under 42 U.S.C. § 1983. Plaintiff

alleges that the Resolution deprived him of his riparian rights,

private easements, accreted property and privileges secured by the

United States Constitution. Specifically, plaintiff asserts that

Lee County had no home rule powers or jurisdiction over the

undedicated Cayo Costa Subdivision, and therefore the Resolution

was unenforceable and in violation of the United States

Constitution. (Doc. #288, ¶13.) Plaintiff asserts that defendants

confiscated more than 2.5 acres of his accreted property without

compensation in violation of the Takings Clause of the Fifth

Amendment, the Due Process Clause of the Fourteenth Amendment, and

the Equal Protection Clause of the Fourteenth Amendment (Id. at

¶14.) Plaintiff asserts that defendants also illegally took more

than 200 acres of private accretions onto Cayo Costa pursuant to

the Resolution, all without compensation. (Id. at ¶15.) Further,

plaintiff asserts that “Defendant State Actors” claimed riparian

rights to Lots 38A and 41A which they denied to plaintiff, thereby

unlawfully discriminating against plaintiff because he is entitled

to equal rights as the State property owner. (Id. at ¶¶ 16, 27.)

-3-
 Count 2 alleges an unconstitutional temporary taking under

color of the Resolution. Plaintiff asserts that the Resolution was

never signed, executed or acknowledged and did not meet resolution

and recording requirements, and was therefore not entitled to be

recorded and must be stricken from the public record. (Id. at

¶17.) Plaintiff further alleges that the Cayo Costa Subdivision

was outside of Lee County’s home rule powers, and therefore the

State and County had no powers to adopt resolutions or ordinances,

and therefore the Resolution is unenforceable and ineffectual and

the County capriciously grabbed private accreted land and

easements. (Id. at ¶18.) Plaintiff asserts that defendants took

his accretions onto the riparian gulf front Lot 15A without

authority, justification, due process of law, public notice,

hearing, vote count, or compensation, and that this unauthorized

unconstitutional taking injured plaintiff and destroyed his

property value. (Id. at ¶19.)

Count 3 sets forth a state law claim for trespass. Plaintiff

alleges that since the 1969 Resolution the defendants have asserted

that Lee County is the owner of the Cayo Costa accretions and have

induced and caused the public to intrude onto the private beaches

and other areas on Cayo Costa, injuring plaintiff’s property. (Id.

at ¶¶ 20-21.) Plaintiff asserts that the State cannot exercise

power within the Subdivision east of the mean high water mark of

the Gulf of Mexico and west of the mean high water mark of

Charlotte Harbor. (Id. at ¶22.)

-4-
 Count 4 alleges a conspiracy to fabricate, fraud and

malfeasance. Plaintiff asserts that the Lee County Property

Appraiser claimed that the Resolution entitled Lee County to

ownership of the accreted property, but the County Appraiser has

admitted that Lee County was not empowered to adopt the Resolution.

(Id. at ¶23.) Plaintiff asserts that the Resolution on its face

did not meet recording or resolution requirements, and that the

County Appraiser had a professional duty to verify the validity of

the sham Resolution under the Uniform Standards of Professional

Appraisal Practice. (Id.) Plaintiff alleges that without evidence

of title, defendants conspired to concoct an un-plated lot, block

and park for the benefit of the State and County. (Id. at ¶24.)

Plaintiff also asserts that defendant denied agricultural

classification to his accreted lot. (Id.) Plaintiff asserts that

defendants destroyed most of his property value, deprived him of

private easements without compensation, and denied equal protection

in a land grab scheme. (Id.) Plaintiff describes the agreement as

being to assist the unconstitutional confiscation of the

accretions. (Id. at ¶25.) Plaintiff also asserts that the County

Appraiser made incompetent valuation reports which were

controverted by other comparable sales data and done in violation

of Federal Appraisal Standards, but defendant continued to slander

plaintiff’s perfect title. (Id. at ¶26.) As a result, plaintiff

received purchase offers far below market value and the County

Appraiser has committed malfeasance and abuse of position. (Id.)

-5-
 Count 5 alleges a conspiracy to materially misrepresent and

defraud. Plaintiff asserts that Lee County does not hold title to

the accreted property pursuant to the Resolution, and there has

been no proceedings such as eminent domain or adverse possession.

(Id. at ¶29.) Plaintiff asserts that Lee County’s claims of

ownership of the accretions therefore violated the Fifth Amendment

Takings Clause, and therefore defendants deprived the public of tax

revenues which could have been received from the private accretions

and easements. (Id.) Plaintiff asserts that defendants conspired

to misrepresent the extent of the Army Corps of Engineers’

authority over his lagoon. (Id. at ¶32.)

Count 6 alleges oppression and slander of title by defendant

Peterson for failing to challenge the invalidity of the Resolution

despite his questions about its validity. (Id. at ¶¶ 33-35.)

The Third Amended Complaint asserts the Court has jurisdiction

based on the Civil Rights Act (42 U.S.C. § 1983), 28 U.S.C. § 1343,

Articles 3 and 4 of the United States Constitution, and Amendments

4 and 5 of the United States Constitution (Doc. #288, ¶7), the 1899

Rivers and Harbors Appropriation Act (33 U.S.C. § 403)(id. at ¶8),

the 1862 Homestead Act (id. at ¶9), the federal common law Doctrine

of Accretion and Erosion (id. at ¶10), the Federal Appraisal

Standards, Uniform Standards of Professional Appraisal Practice (12

U.S.C. §§ 3331-3351), and the Federal Declaratory Judgment Act (28

U.S.C. § 2201)(id. at ¶12).

-6-
 III.

The Court will first address the federal claims, since these

claims are necessary to provide subject matter jurisdiction. Given

plaintiff’s pro se status, the Court reviews the Third Amended

Complaint liberally.

A. Takings Clause Claims:

A consistent theme which runs through several of plaintiff’s

counts is that the Resolution constitutes an unconstitutional

taking of his property rights in his subdivision Lot 15A on Cayo

Costa island.1 The legal principles are well-settled, and preclude

plaintiff’s takings claim.

Plaintiff alleges a violation of the Takings Clause of the

Fifth Amendment, which states in pertinent part “nor shall private

property be taken for public use, without just compensation.” U.S.

CONST. amend. V. The Fifth Amendment is applied to the States

through the Fourteenth Amendment. Penn Cent. Transp. Co. v. New

York City, 438 U.S. 104, 121-23 (1978). The Third Amended

Complaint may also be read to allege a conspiracy to violate the

Takings Clause.

State law defines the parameters of a plaintiff’s property

interest, and whether state law has created a property interest is

a legal question for the court to decide. Morley’s Auto Body, Inc.

1
See Lee County v. Morales, 557 So. 2d 652 (Fla. 2d DCA 1990)
for a description of Cayo Costa island and the Lee County zoning
history of the island since 1978.
-7-
v. Hunter, 70 F.3d 1209, 1212 (11th Cir. 1996). Under Florida law

a riparian or littoral owner owns to the line of the ordinary high

water mark on navigable waters, and the riparian or littoral

property rights include the vested right to receive accretions to

the property. Board of Trustees of the Internal Improvement Trust

Fund v. Sand Key Assocs., Ltd., 512 So. 2d 934, 936-37 (Fla. 1987);

Brannon v. Boldt, 958 So. 2d 367, 373 (Fla. 2d DCA 2007). These

rights constitute property, and cannot be taken or destroyed by the

government without just compensation to the owners. Sand Key

Assoc., 512 So. 2d at 936; Lee County v. Kiesel, 705 So. 2d 1013,

1015 (Fla. 2d DCA 1998). “By now it is beyond question that a

permanent physical occupation of private property by the state

constitutes a taking for which a landowner must be compensated.”

New Port Largo, Inc. v. Monroe County, 95 F.3d 1084, 1088 (11th

Cir. 1996)(citing Lucas v. South Carolina Coastal Council, 505 U.S.

1003, 1015 (1992) and Loretto v. Teleprompter Manhattan CATV Corp.,

458 U.S. 419, 434 (1982)).

Thus while plaintiff has adequately alleged a taking of his

property, “a property owner has not suffered a violation of the

Just Compensation Clause until the owner has unsuccessfully

attempted to obtain just compensation through the procedures

provided by the State for obtaining such compensation . . .”

Williamson County Regional Planning Comm’n v. Hamilton Bank, 473

U.S. 172, 195 (1972). “Williamson County boils down to the rule

that state courts always have a first shot at adjudicating a

-8-
takings dispute because a federal constitutional claim is not ripe

until the state has denied the would-be plaintiff’s compensation

for a putative taking, including by unfavorable judgment in a state

court proceeding.” Agripost, LLC v. Miami-Dade County, Fla.,

F.3d , 2008 WL 1790434 (11th Cir. 2008). Without having

pursued such available state court remedies, a plaintiff’s Takings

Clause claim is not ripe and therefore a federal district court

lacks jurisdiction to consider it. Williamson County, 473 U.S. at

195; Watson Constr. Co. v. City of Gainsville, 244 Fed. Appx. 274,

277 (11th Cir. 2007); Garbo, Inc. v. City of Key West, Fla., 162

Fed. Appx. 905 (11th Cir. 2006). It has been clear since at least

1990 that Florida law provides a remedy of an inverse or reverse

condemnation suit. Joint Ventures, Inc. v. Department of Transp.,

563 So. 2d 622, 624 (Fla. 1990); Tari v. Collier County, 56 F.3d

1533, 1537 n.12 (11th Cir. 1995); Reahard v. Lee County, 30 F.3d

1412, 1417 (11th Cir. 1994). Additionally, plaintiff could have

pursued an state action for declaratory judgment under FLA . STAT . §

86.011, a suit to quiet title, Trustees of Internal Imp. Fund of

State of Florida v. Toffel, 145 So. 2d 737 (Fla. 2d DCA 1962), or

a suit in ejectment if the matter is viewed as a boundary dispute.

Petryni v. Denton, 807 So. 2d 697, 699 (Fla. 2d DCA 2002).

The Third Amended Complaint does not allege that plaintiff

pursued any state relief. Indeed, plaintiff has never suggested

that he has taken any action in state court to quiet title or

receive damages under an inverse or reverse condemnation claim.

-9-
Since there is no showing of federal jurisdiction as to the Takings

Clause claim, the Taking Clause claims and any conspiracy to

violate the Takings Clause in any count will be dismissed without

prejudice.

B. Substantive Due Process Claim:

A liberal reading of the Third Amended Complaint might suggest

that plaintiff also frames the alleged taking of his property

rights as a substantive due process claim under the Fourteenth

Amendment. The Eleventh Circuit has held, however, that there is

no independent substantive due process taking cause of action.

Villas of Lake Jackson, Ltd. v. Leon County, 121 F.3d 610, 612-14

(11th Cir. 1997). Additionally, substantive due process protects

only fundamental rights, that is, those rights which are implicit

in the concept of ordered liberty. Such rights are created by the

Constitution, and do not include property rights. Greenbriar

Village, LLC v. Mountain Brook City, 345 F.3d 1258, 1262 (11th Cir.

2003). Merely asserting that the government’s actions were

arbitrary and irrational does not bring the matter within the

protection of the substantive due process provision. Greenbriar

Village, 345 F.3d at 1263-64. Therefore, those portions of counts

in the Third Amended Complaint which attempt to assert a

substantive due process takings claim or conspiracy will be

dismissed.

-10-
C. Procedural Due Process Claim:

Plaintiff’s counts may also attempt to state a procedural due

process claim. For example, plaintiff asserts that Lee County had

no home rule powers or jurisdiction over the undedicated Cayo Costa

subdivision (Doc. #288, ¶¶ 13, 18, 23), that the Resolution was

never signed, executed or acknowledged and did not meet resolution

and recording requirements (id. at ¶¶ 17, 23), and that the taking

was without authority, justification, due process, public notice,

hearing, vote count, or compensation (id. at ¶19).

“Procedural due process requires notice and an opportunity to

be heard before any government deprivation of a property interest.”

Zipperer v. City of Fort Myers, 41 F.3d 619, 623 (11th Cir. 1995).

Not all government actions, however, are subject to a procedural

due process claim. The County’s action in passing the Resolution

constituted a legislative act, and therefore plaintiff cannot state

a procedural due process claim. 75 Acres, LLC v. Miami-Dade

County, Fla., 338 F.3d 1288, 1294 (11th Cir. 2003). Plaintiff

asserted that the Resolution effecting the taking of more than 200

acres other than his 2.5 acres. This is sufficient to constitute

a legislative act. See, e.g., Bi-Metallic Inv. Co. v. State Bd. of

Equalization, 239 U.S. 441, 445 (1915)(noting that it is

impractical to give every one a voice when a legislative act

applies to more than a few people). Additionally, even if not a

legislative act, a procedural due process claims does not exist

-11-
merely because state mandated procedures were not followed. First

Assembly of God of Naples, Florida, Inc. v. Collier County, Fla.,

20 F.3d 419, 422 (11th Cir. 1994). 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. The remaining

claimed defects are arguments concerning state law which do not

arise to a constitutional level. Finally, plaintiff fails to state

a procedural due process claim because he has failed to allege that

Florida law provided him with an inadequate post-deprivation

remedy, Tinney v. Shores, 77 F.3d 378, 382 (11th Cir. 1996), and as

discussed above it is clear that Florida does provide adequate

post-deprivation remedies. Therefore, any claim founded on

procedural due process will be dismissed.

D. Equal Protection Claim:

Plaintiff also alleges that the Resolution violated his equal

protection rights. “To properly plead an equal protection claim,

a plaintiff need only allege that through state action, similarly

situated persons have been treated disparately.” Boyd v. Peet, 249

Fed. Appx. 155, 158 (11th Cir. 2007)(citation omitted). See also

Executive 100, Inc. v. Martin County, 922 F.2d 1536, 1552 (11th

Cir. 1991). The Third Amended Complaint does not identify any

similarly situated person with whom plaintiff can be compared. The

-12-
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.

E. Other Bases of Federal Jurisdiction:

Having found no federal claim set forth in the Third Amended

Complaint, the Court now examines the other purported bases of

federal jurisdiction.

Article III of the Constitution sets the outer boundaries of

the federal court jurisdiction, but vests Congress with the

discretion to determine whether and to what extent that power may

be exercised by lower federal courts. Therefore, lower federal

courts are empowered to hear only cases for which there has been a

congressional grant of jurisdiction. Morrison v. Allstate

Indemnity Co., 228 F.3d 1255, 1260-61 (11th Cir. 2000). Therefore

Article III does not provide any additional basis of federal

jurisdiction. Additionally, plaintiff’s reliance on Article IV of

the Constitution is misplaced because Article IV does not address

the jurisdiction of a federal court.

Plaintiff cites 28 U.S.C. § 1343 as a basis for federal

jurisdiction. Section 1343 sets forth the jurisdiction of district

-13-
courts for certain civil rights actions, but does not itself create

a private right of action. Albra v. City of Fort Lauderdale, 232

Fed. Appx. 885, 892 (11th Cir. 2007). Since none of plaintiff’s

federal civil rights claims are properly before the court, § 1343

is not a basis for jurisdiction over the remaining state law

claims.

Plaintiff’s reliance on the 1899 Rivers and Harbors

Appropriation Act, 33 U.S.C. § 403 is misplaced. Section 403

relates to the creation of an obstruction not authorized by

Congress, and simply not relevant to any of the claims in this

case. The 1862 Homestead Act, 43 U.S.C. §§ 161-64, cannot form

basis for jurisdiction because it was repealed in 1976. Assuming

there is a federal common law Doctrine of Accretion and Erosion, it

cannot provide a jurisdictional basis in federal court. The

Federal Appraisal Standards, Uniform Standards of Professional

Appraisal Practice, 12 U.S.C. § 3331-3351, also do not create

federal jurisdiction. These standards relate to real estate

appraisals utilized in connection with federally related

transactions, 12 U.S.C. § 1331, and no such transaction was

involved in this case. Additionally, in Florida the county

property appraiser is a constitutionally created office whose

appraisals are carried out pursuant to state statute, FLA . STAT . §

193.011 as well as professional appraisal standards established by

the International Association of Assessing Officers and the

-14-
Appraisal Institute. Parrish v. Nikolits, 86 F.3d 1088, 1091 n.2

(11th Cir. 1996).

Therefore, the Court finds no other basis of federal

jurisdiction has been plead in the Third Amended Complaint.

F. Remaining State Law Claims:

The remaining possible claims in the Third Amended Complaint

are all state law claims. Read liberally, the Third Amended

Complaint may be read to allege a claim to invalidate the

Resolution for alleged state-law procedural defects, a state law

claim of trespass, a state law claim of conspiracy to misrepresent,

a state law claim of fraud, state law claims of malfeasance, a

state law claim of oppression, and a state law claim of slander of

title. Even assuming these are properly pled, pursuant to 28

U.S.C. § 1367(c)(3) the Court would exercise its discretion and

decline to exercise supplemental jurisdiction over the state

claims. Raney v. Allstate Ins. Co., 370 F.3d 1086, 1088-89 (11th

Cir. 2004)(encouraging district courts to dismiss state claims

where all claims which provided original jurisdiction have been

dismissed.) The dismissal of the state claims will be without

prejudice. Crosby v. Paulk, 187 F.3d 1339, 1352 (11th Cir. 1999).

Having found that this Court lacks subject matter

jurisdiction, and will not retain supplemental jurisdiction, the

Court need not address the issues raised in the remaining

defendants’ motions to dismiss.

Accordingly, it is now
-15-
 ORDERED:

1. Defendant Property Appraiser’s Motion to Dismiss

Plaintiff’s Third Amended Complaint (Doc. #303) is GRANTED to the

extent set forth in paragraph 5 below.

2. Defendant Property Appraiser’s Motion to Dismiss and

Close File (Doc. #285) is DENIED as moot.

3. State of Florida Department of Environmental Protection

and Division of Recreation and Parks, State of Florida, and Board

of Trustees of the Internal Improvement Trust Fund’s Joint Motion

to Dismiss for Lack of Jurisdiction and for Failure to State a

Cause of Action (Doc. #291) is GRANTED to the extent set forth in

paragraph 5 below.

4. Defendants Lee County, Florida, Board of Lee County

Commissioners, Lee County Attorney, Jack N. Peterson’s Motion to

Dismiss (Doc. #304) is GRANTED to the extent set forth in paragraph

5 below.

5. The Third Amended Complaint is dismissed without

prejudice as to all defendants and all claims. The Clerk shall

enter judgment accordingly, terminate all pending motions as moot,

and close the case.

DONE AND ORDERED at Fort Myers, Florida, this 5th day of

May, 2008.

Copies: Parties of record

-16-
 [DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED

________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MAR 5, 2009
No. 08-13170
THOMAS K. KAHN
Non-Argument Calendar
CLERK
________________________

D. C. Docket No. 07-00228-CV-FTM-29-SPC

JORG BUSSE,

Plaintiff-Appellant,

KENNETH M. ROESCH, JR., et al.,

Plaintiffs,

versus

LEE COUNTY, FLORIDA,

BOARD OF LEE COUNTY COMMISSIONERS,
THE LEE COUNTY PROPERTY APPRAISER,
STATE OF FLORIDA, BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND,
KENNETH M. WILKINSON, et al.,

Defendants-Appellees.

________________________

Appeal from the United States District Court

for the Middle District of Florida
_________________________

(March 5, 2009)
Before TJOFLAT, BIRCH and DUBINA, Circuit Judges.

PER CURIAM:

Jorg Busse, proceeding pro se, appeals the district court’s dismissal of his

third amended complaint in his civil rights action against various state and local

governmental entities and officials in Florida, pursuant to 42 U.S.C. §§ 1983 and

1985. The district court dismissed Busse’s federal claims because he had either

failed to adequately plead them or had not established federal subject matter

jurisdiction. In the absence of any viable federal claims, the court declined to

retain jurisdiction over Busse’s state law claims. Based on our review of the

record and the parties’ briefs, we AFFIRM the dismissal.

I. BACKGROUND

On 10 December 1969, the Board of Commissioners of Lee County, Florida

(“the Board”) adopted a resolution claiming certain lands in the Cayo Costa

subdivision as public lands (“the Resolution”). R10-288 at 9. In the Resolution,

the Board identified the relevant lands by reference to a map of the subdivision

which showed that, along with a number of designated land parcels in the

subdivision, there were also a number of unidentified areas on the eastern and

western edges of the subdivision. Id. The Board laid claim to all of these non-

designated parcels “and accretions thereto for the use and benefit of the public for

public purposes.” Id.

 Busse asserts that he currently owns Lot 15A of the Cayo Costa subdivision

along with all accretions thereto and that the Resolution violates his property rights

under both federal and state law. Id. at 1. To vindicate his rights, he brought suit

in the United States District Court for the Middle District of Florida against an

array of state and local parties, including the Lee County Board of Commissioners,

the county property appraiser, and the Florida Department of Environmental

Protection.1 Id. In his third amended complaint, Busse made six claims:

unconstitutional deprivation under 42 U.S.C. § 1983; unconstitutional temporary

takings; trespass; conspiracy, fraud, and malfeasance regarding the designation of

certain unplatted lots; conspiracy to materially misrepresent and defraud; and

oppression or slander of title. Id. at 3–8. He asserted that an array of statutory and

constitutional provisions supported the exercise of jurisdiction: two civil rights acts

— 42 U.S.C. § 1983 and 28 U.S.C. § 1343; Articles Three and Four and the Due

Process and Equal Protection Clauses of the Fifth and Fourteenth Amendments of

the United States Constitution; the 1899 Rivers and Harbors Appropriation Act (33

U.S.C. § 403); the 1862 Homestead Act, the federal common law doctrine of

1
The full list of defendants includes: Lee County, Florida; the Board of Lee County
Commissioners, in their official and private capacities; Kenneth M. Wilkinson, the Lee County
property appraiser, in his official and private capacity; the State of Florida Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida, in their official and private
capacities; the Florida Department of Environmental Protection, the Florida Division of
Recreation and Parks, and the Cayo Costa State Park staff, in their individual and private
capacities; and Jack N. Peterson, Lee County Attorney, in his official and private capacity. Id.
accretion and erosion; the Federal Appraisal Standards, Uniform Standards of

Professional Appraisal Practice, and 12 U.S.C. §§ 3331–3351; and the Federal

Declaratory Judgment Act (28 U.S.C. § 2201). Id. at 2–3.

The defendants subsequently filed separate motions to dismiss Busse’s third

amended complaint, primarily based on lack of subject matter jurisdiction and

failure to state a claim. R10-285, 291, 303, 304. The district court granted these

motions and dismissed Busse’s third amended complaint. R11-338. In so doing,

the court first found that Busse had made out a valid takings claim but that it had

no jurisdiction over that claim since he had failed to show that he had pursued all

available state remedies before bringing suit. Id. at 7–10. The court then

concluded that Busse had not made out a valid claim under any of his other alleged

federal bases. Id. at 10–15. Given that the court did not have jurisdiction over any

of Busse’s federal claims, it chose to dismiss his state law claims. Id. at 15. Busse

now appeals the dismissal of all of the claims in his third amended complaint.

II. DISCUSSION

We review de novo a district court’s legal conclusions regarding subject

matter jurisdiction, including the determinations that a claim is not ripe or that the

court lacks subject matter jurisdiction over it. See Lanfear v. Home Depot, Inc.,

536 F.3d 1217, 1221 (11th Cir. 2008); Elend v. Basham, 471 F.3d 1199, 1204

(11th Cir. 2006). We also “review a grant of a motion to dismiss for failure to state
a claim de novo, accepting the allegations in the complaint as true and construing

them in the light most favorable to the plaintiff.” Gandara v. Bennett, 528 F.3d

823, 826 (quotation marks and citation omitted). The decision not to exercise

supplemental jurisdiction over a state law claim is reviewed for abuse of discretion.

See Parker v. Scrap Metal Processors, Inc., 468 F.3d 733, 738 (11th Cir. 2006).

Since Busse is proceeding pro se, we construe his pleadings liberally. See Miller

v. Donald, 541 F.3d 1091, 1100 (11th Cir. 2008).

On appeal, Busse argues that the district court erred in dismissing his federal

claims. He asserts that his Takings Clause claim was ripe for review and that he

had properly stated claims involving violations of his procedural due process,

equal protection, and substantive due process rights under the Fifth and Fourteenth

Amendments.2 Additionally, we read Busse’s brief liberally to argue that the

district court abused its discretion in refusing to exercise supplemental jurisdiction

over his state law claims. We address these arguments in turn.

A. Takings Clause Claims

2
Busse’s brief on appeal does not discuss the other jurisdictional bases cited in his third
amended complaint — Articles Three and Four of the United States Constitution; the 1899
Rivers and Harbors Appropriation Act; the 1862 Homestead Act; the federal common law
doctrine of accretion and erosion; the Federal Appraisal Standards, Uniform Standards of
Professional Appraisal Practice, and 12 U.S.C. §§ 3331–3351; and the Federal Declaratory
Judgment Act. Generally arguments not raised in a brief on appeal are deemed abandoned. See
Horsley v. Feldt, 304 F.3d 1125, 1131 n.1 (11th Cir. 2002). Furthermore, we agree with the
district court’s analysis of these provisions and find that none of them could serve as a potential
jurisdictional basis for Busse’s claims. See, e.g., Arthur v. Haley, 248 F.3d 1302, 1303 n.1 (11th
Cir. 2001) (per curiam) (noting that appellate courts can and should sua sponte inquire into
subject matter jurisdiction whenever it appears to be lacking).
 Busse contends that the Resolution constituted an unconstitutional taking of

his property rights in Lot 15A. The Fifth Amendment prohibits the taking of

private property “for public use, without just compensation” — a condition made

applicable to the States by the Fourteenth Amendment. U.S. Const. amend. V;

Palazzolo v. Rhode Island, 533 U.S. 606, 617, 121 S. Ct. 2448, 2457 (2001)

(noting that the Fourteenth Amendment made the Takings Clause applicable to the

States). A plaintiff can bring a federal takings claim only if he can show that he

did not receive just compensation in return for the taking of his property. See Eide

v. Sarasota County, 908 F.2d 716, 720 (11th Cir. 1990). As a result, for a takings

claim to be ripe, a plaintiff must demonstrate that he unsuccessfully “pursued the

available state procedures to obtain just compensation” before bringing his federal

claim. Id. at 721.

In this case, Busse’s claim would not be ripe because he has not shown that

he attempted to obtain or secure relief under established Florida procedures. Since

at least 1990, Florida courts have recognized that an inverse-condemnation remedy

is available for alleged takings violations. See Reahard v. Lee County, 30 F.3d

1412, 1417 (11th Cir. 1994). Busse contends that his claim would still be ripe

since that remedy was unavailable in 1969 when the Board of Commissioners

enacted the Resolution. However, our past circuit precedent dictates “that a

Florida property owner must pursue a reverse condemnation remedy in state court
before his federal takings claim will be ripe, even where that remedy was

recognized after the alleged taking occurred.” Id. Accordingly, regardless of

whether Busse has a valid property interest in Lot 15A, because he has not alleged

that he sought and was denied compensation through available state procedures, his

Takings Clause claim would not be ripe for review. We thus conclude that the

district court did not err in finding that it lacked subject matter jurisdiction over

Busse’s Takings Clause claim.

B. Procedural Due Process Claims

Busse asserts that his procedural due process rights were violated since Lee

County had no authority to take his land nor jurisdiction over it and because the

Resolution was improperly executed. The Fourteenth Amendment provides that no

state shall “deprive any person of life, liberty, or property, without due process of

law.” U.S. Const. amend. XIV, § 1. A plaintiff could make a procedural due

process claim by challenging the procedures by which a regulation was adopted,

including the failure to provide pre-deprivation notice and hearing. See Villas of

Lake Jackson, Ltd. v. Leon County, 121 F.3d 610, 615 (11th Cir. 1997); Zipperer

v. City of Fort Myers, 41 F.3d 619, 623 (11th Cir. 1995). For such a claim to be

valid, however, the plaintiff would have to allege that state law failed to provide

him with an adequate post-deprivation remedy. See Tinney v. Shores, 77 F.3d 378,

382 (11th Cir. 1996) (per curiam).

 Based on these standards, we find that Busse has failed to state a valid

procedural due process claim. Florida provides him an adequate post-deprivation

remedy, inverse condemnation, and he makes no argument that this procedure is

inadequate. Even if it was inadequate, though, Busse still would not have a valid

procedural due process claim. The Resolution constituted a legislative act since it

was a general provision that affected a large number of persons and area, 200 acres

in all, rather than being specifically targeted at Busse or his immediate neighbors.

See 75 Acres, LLC v. Miami-Dade County, Fla., 338 F.3d 1288, 1294 (11th Cir.

2003). Since alleged problems with the adoption of such acts cannot serve as the

basis for a procedural due process claim, Busse could not cite them as the basis for

his claim. See id. (noting that “if government action is viewed as legislative in

nature, property owners generally are not entitled to procedural due process”).

Accordingly, we find that the district court did not err in dismissing Busse’s

procedural due process claims.

C. Equal Protection Claims

Busse also argues that his equal protection rights were violated because the

Board, in adopting the Resolution, treated differently privately-owned property and

state-owned property.3 The Fourteenth Amendment forbids states from “deny[ing]

3
In his brief on appeal, Busse argues that he experienced different treatment than other
landowners in Lee County. However, we need not address this argument since he did not
mention this in his third amended complaint and we find that none of the exceptions that would
allow us to consider an issue not raised before the district court would apply here. See Narey v.
to any person within its jurisdiction the equal protection of the laws.” U.S. Const.

amend. XIV, § 1. “[T]o properly plead an equal protection claim, a plaintiff need

only allege that through state action, similarly situated persons have been treated

disparately.” Thigpen v. Bibb County, 223 F.3d 1231, 1237 (11th Cir. 2000)

abrogated on other grounds by National R.R. Passenger Corp. v. Morgan, 536 U.S.

101, 122 S. Ct. 2061 (2002).

Under Florida law, counties can exercise eminent domain over any land that

is not owned by the state or federal government. See Fla. Stat. § 127.01(1)(a)

(2006). Since a state landowner would not be subject to the eminent domain power

but Busse, as a private landowner, would be, Busse could not be similarly situated

to a state landowner. Busse therefore cannot rely on his disparate eminent domain

treatment vis-a-vis state landowners as the basis for an equal protection claim.

Since Busse made no other allegations of disparity in his third amended complaint,

we find that he has failed to plead a valid equal protection claim and that the

district court correctly dismissed this claim.

D. Substantive Due Process Claim

Busse also appears to allege that the Resolution denied him his substantive

due process property rights. Substantive due process protects only those rights that

are “fundamental,” a description that applies only to those rights created by the

Dean, 32 F.3d 1521, 1526-27 (11th Cir. 1994) (discussing the exceptions to this general rule).
United States Constitution. See Greenbriar Village, L.L.C. v. Mountain Brook,

City, 345 F.3d 1258, 1262 (11th Cir. 2003) (per curiam). Property rights would

not be fundamental rights since they are based on state law. See id. Busse thus

could not bring a viable substantive due process claim based on the alleged denial

of a state-defined property right. See id. Accordingly, we find that the district

court properly dismissed his substantive due process claims.4

E. Supplemental Jurisdiction

Busse also contends that the court abused its discretion in not hearing his

pendent state law claims. “The decision to exercise supplemental jurisdiction over

pendent state claims rests within the discretion of the district court.” Raney v.

Allstate Ins. Co., 370 F.3d 1086, 1088–89 (11th Cir. 2004) (per curiam). Since the

district court “had dismissed all claims over which it has original jurisdiction,” it

therefore had the discretion not to exercise supplemental jurisdiction over Busse’s

state law claims. 28 U.S.C. § 1367(c)(3). Furthermore, we expressly encourage

district courts to take such action when all federal claims have been dismissed pre-

trial. See Raney, 370 F.3d at 1089. Accordingly, the district court did not abuse

4
The district court, in addressing Busse’s substantive due process claim, mentions that
assertions of irrational and arbitrary government action could not serve as the basis for such a
claim. Even under a liberal reading of Busse’s complaint, though, we do not think he made such
allegations. In the third amended complaint, he discusses takings violations and procedural
problems with the enactment of the Resolution but never questions the rationale for its passage.
Accordingly, we need not address whether he has a valid substantive due process claim based on
arbitrary and capricious government action.
its discretion when it chose not to retain supplemental jurisdiction over Busse’s

state law claims.

III. CONCLUSION

Busse contends that the district court incorrectly dismissed his federal claims

regarding alleged takings and deprivations of property rights. Since Busse’s

takings claim was not ripe because he had not pursued available state remedies and

he failed to adequately plead his other federal claims, the district court correctly

dismissed all of these claims. As a result, despite Busse’s objections to the

contrary, the district court also did not commit an abuse of discretion in not

exercising jurisdiction over his state law claims. Accordingly, we AFFIRM the

district court’s dismissal of Busse’s third amended complaint.

AFFIRMED.
David Souter
U.S. Supreme Court Justice

RE: Lee County [FL] O.R.569/875 – An eminent domain scam of giant proportions
Case-fixing in the U.S. Court of Appeals

We are writing to you in the matter of the corruption and case-fixing in the U.S. Court of
Appeals for the 11th Circuit.

Common intelligence dictates that residents use designated streets to get to their lots.
Unintelligently, the 11th Circuit cannot tell the difference between a designated street and
“unidentified areas”. See Plat Book 3, p. 25 at www.leeclerk.org.

In West Peninsular Title Co.1, corrupt Chief Circuit Judge Edmondson co-wrote:

“And, plaintiffs’ “arbitrary and capricious” due process claim is ripe. Plaintiffs
accused the County of applying an arbitrary and capricious action ..
Plaintiffs’ claim was ripe as soon as the County applied the ordinance … See Eide v.
Sarasota County, 908 F.2d 716, 724 n.13(11th Cir. 1990).”
“But the County insists that adjoining landowners own the strip parcels, citing
Murrell v. United States, 269 F.2d 458 (5th Cir.1959), as an alternative to 16.33
Acres.”

For Appellees’ bribes, Edmondson now changed his mind and conspired to pervert a platted
designated street into an “unidentified area” in order to fix Appellants’ Cases. Here for bribes,
ripeness vanished, and justice is for sale in the 11th Circuit.

The Appellant(s) also own property in N.H. and wish you the best for your retirement.

/s/ Jennifer Franklin Prescott /s/Dr. Jorg Busse

1
http://bulk.resource.org/courts.gov/c/F3/41/41.F3d.1490.93-4449.93-4104.html
Volume 41, The Federal Reporter, 3d Ed. [Nov., 1994 – Jan., 1995]
41 F.3d 1490 Page 1 of 4

« up

This is Google's cache of http://bulk.resource.org/courts.gov/c/F3/41/41.F3d.1490.93-

4449.93-4104.html. It is a snapshot of the page as it appeared on Mar 24, 2009
15:42:24 GMT. The current page could have changed in the meantime. Learn more

These search terms are highlighted: united states v 16.33 acres Text-only version

41 F.3d 1490
WEST PENINSULAR TITLE CO., Absolute, Inc., Marion H.
Cooper,
for Estate of Alfred R. Cooper, Plaintiffs-Appellees,
v.
PALM BEACH COUNTY, Carol A. Roberts, Chair of Board of
County Commissioners of Palm Beach County,
Defendants-Appellants.
Nos. 93-4104, 93-4449.
United States Court of Appeals,
Eleventh Circuit.
Jan. 10, 1995.

Patti A. Velasquez, Asst. County Atty., West Palm Beach, FL, Robert S. Hackleman, Ft.
Lauderdale, FL, for appellants in No. 93-4104.

Sharon M. Pitts, Patti A. Velasquez, Asst. County Atty., West Palm Beach, FL, Robert S.
Hackleman, Ft. Lauderdale, FL, for appellants in No. 93-4449.

Jeffrey A. Aman, Smith, Williams & Bowles, P.A., Tampa, FL, Joan E. O'Dell, Gregory L.
Williams, Smith, Williams & Bowles, P.A., Washington, DC, for appellees in both cases.

Appeals from the United States District Court for the Southern District of Florida.

Before HATCHETT and EDMONDSON, Circuit Judges, MELTON* , Senior District Judge.

PER CURIAM:

1 After a jury trial, the district court entered judgment for plaintiffs. Defendants
raise several arguments, hoping mainly to void concessions made in district court in
the joint pretrial stipulation. The district court is affirmed.

2 The controversy concerns the ownership of strip parcels (roads and ditches)
offered by Palm Beach Farms for dedication to Palm Beach County in 1912. A 1976
instrument entitled "Notice of Withdrawal of Platted Roads, Streets, and Other
Unexercised Rights" revoked the offer of dedication. In 1986, pursuant to local
Ordinance No. 86-18 (the "Ordinance"), defendant Palm Beach County (the

http://74.125.47.132/search?q=cache:xHNX0cXI3CoJ:bulk.resource.org/courts.gov/c/F3/4... 4/30/2009
41 F.3d 1490 Page 2 of 4

"County"), began a practice of selling easement and right of way interests in

property originally acquired through dedication. In return for a "privilege fee," the
County issued an abandonment resolution, which, when recorded, transferred
ownership of the parcel to the payor of the fee. This dispute began when the County
attempted to collect fees in exchange for abandonment resolutions for parcels that,
according to plaintiffs, had never been accepted by the County.

3 Plaintiffs, claiming that they were successors in interest to Palm Beach Farms
(and thus owners of the strip parcels), challenged the County's practice as an
unconstitutional taking--under the Fifth and Fourteenth Amendments--of their
property.1 The County conceded that it never expressly accepted the dedication;
but, at trial, the County attempted to show that it had impliedly accepted the
dedication by using the strip parcels. The jury found for plaintiffs, deciding that the
County had not accepted the 1912 offer of dedication within a reasonable time. The
district court entered judgment for plaintiffs: plaintiffs were judged the fee simple
owners of the pertinent strip parcels; defendants were enjoined from applying the
Ordinance to plaintiffs' property; and plaintiffs were awarded attorney's fees.
Defendants appeal.

4 The County now contests plaintiffs' standing, arguing that plaintiffs could not
possibly own the strip parcels (and thus have no interest at stake). But given
plaintiffs' allegations and the County's stipulations in the district court, the record
supports both standing and jurisdiction. A "case or controversy" exists in this case
because the parties genuinely disputed ownership of the strip parcels in the district
court. The County stipulated to plaintiffs' chain of title, agreeing that plaintiffs were
successors in interest to Palm Beach Farms. The controversy was thus limited to a
decision about whether the offer of dedication was accepted.2 Plaintiffs have
standing to challenge the application of the Ordinance to what they assert is their
property.

5 But the County insists that adjoining landowners own the strip parcels, citing
Murrell v. United States, 269 F.2d 458 (5th Cir.1959), as an alternative to 16.33
Acres. This decision is not about standing: what the County is really arguing is that
plaintiffs failed to join indispensable parties. Amicus Boywic Farms agrees, arguing
that it was harmed by the entry of judgment in favor of plaintiffs. Because the
district court could only determine who, as between plaintiffs and the County, had
the better claim to the strip parcels, amicus is not bound by the district court's
order. It was no abuse of discretion for the district court to refuse to dismiss this
case for failure to join indispensable parties. The County, as movant, had the
burden "to show the nature of the unprotected interests of the absent parties," 5A
Wright & Miller, Federal Practice and Procedure Sec. 1359; yet, the County's
citation to the record reveals only that it established the existence of adjoining
landowners (not the nature of allegedly unprotected interests).

6 And, plaintiffs' "arbitrary and capricious" due process claim is ripe.3 Plaintiffs
accused the County of applying an arbitrary and capricious action (asserting
ownership to the strip parcels and recording abandonment resolutions which
transferred title) to their property. Plaintiffs' claim was ripe as soon as the County
applied the ordinance and the petition process (including a $400 nonrefundable
application fee) to the undedicated strip parcels. See Eide v. Sarasota County, 908
F.2d 716, 724 n. 13 (11th Cir.1990).

7 The County argues that no subject matter jurisdiction exists because plaintiffs'
claims are so frivolous. But the course of litigation and stance of the County in

http://74.125.47.132/search?q=cache:xHNX0cXI3CoJ:bulk.resource.org/courts.gov/c/F3/4... 4/30/2009
41 F.3d 1490 Page 3 of 4

district court undercuts its claim of frivolousness. We also note that the pretrial
stipulation plainly reads that "[n]either party contests subject matter ...
jurisdiction."4 If the County actually thought plaintiffs' claims were frivolous, it
should not have so willingly conceded facts giving rise to jurisdiction in the
stipulation. Because the district court had subject matter jurisdiction over plaintiffs'
federal claims, the court did not err by including plaintiffs' state claims for
declaratory relief--pendent jurisdiction was proper.

8 The County also argues that the district court erred by interpreting the stipulation
as a "winner-take-all" proposition. That is, the County says it reserved a right to
make several arguments, after the jury's fact finding, by referring to "undisposed of
motions" in the stipulation. We disagree. The parties agreed that the jury's
conclusion would "be outcome determinative of all of the federal and state claims."
The County does not argue that it was unfairly duped into signing the stipulation.
And, we owe great deference to the trial judge's interpretation and enforcement of
pretrial stipulations. See Morrison v. Genuine Parts Co., 828 F.2d 708 (11th
Cir.1987); Hill v. Nelson, 676 F.2d 1371, 1373 n. 8 (11th Cir.1982). In the light of the
stipulations, the district court did not err when it refused to entertain the County's
post-verdict motions.

9 Defendants raise other arguments, none of which present grounds for reversal.
The district court's judgment is AFFIRMED.

Honorable Howell W. Melton, Senior U.S. District Judge for the Middle District of
Florida, sitting by designation

Application of the Ordinance, according to plaintiffs, put a "cloud" on plaintiffs' title

because title to the strip parcels was transferred to the payor of the privilege fee.
Plaintiffs' property was, in other words, not transferable so long as the County continued
to demand fees for the "abandonment" of property it never owned

"[S]tanding cannot be waived and may be asserted at any stage of litigation." Harris v.
Evans, 20 F.3d 1118, 1121 n. 4 (11th Cir.1994) (en banc). We disagree with the County's
argument that plaintiffs' ownership claim is so obviously frivolous that standing could
not possibly exist, regardless of stipulated facts pointing to standing. In support of this
claim, the County cites the allegedly "remarkably similar" case of United States v.
16.33 Acres of Land, 342 So.2d 476 (Fla.1977), as binding precedent denying plaintiffs'
ownership claim. But 16.33 Acres is distinguishable because in that case the government
expressly accepted the offer of dedication. Id. at 479

Because we conclude that plaintiffs' arbitrary and capricious due process claim was ripe,
we say nothing about whether plaintiffs' additional constitutional claims were ripe. We
do note, however, that plaintiffs were not granted relief pursuant to a specific claim.
Instead, the County stipulated that plaintiffs would be entitled to the remedies requested
if plaintiffs prevailed on any of the disputed fact issues

Parties may not stipulate jurisdiction. Bush v. United States, 703 F.2d 491, 494 (11th
Cir.1983). And we do not say that jurisdiction was proper because jurisdiction was
stipulated. Instead, we look to the record; we affirm the district court's conclusion that

http://74.125.47.132/search?q=cache:xHNX0cXI3CoJ:bulk.resource.org/courts.gov/c/F3/4... 4/30/2009
41 F.3d 1490 Page 4 of 4

the stipulated facts give rise to jurisdiction. For example, the County argues
frivolousness by pointing to purported transfers--by plaintiffs' predecessors in interest--
that the County says are null and void. But the County stipulated to plaintiffs' chain of
title; and, the County agreed that it was undisputed that "plaintiffs are the successors in
interest to the Palm Beach Farms Company." The record was set in district court
CC∅ | TRANSFORMED BY PUBLIC.RESOURCE.ORG

http://74.125.47.132/search?q=cache:xHNX0cXI3CoJ:bulk.resource.org/courts.gov/c/F3/4... 4/30/2009