Clerk Heathcoat Obstructs Filing of Notice of Appeal, 08/03/2010

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8/4/2010 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: [email protected]

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8/4/2010 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: [email protected]
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: [email protected]
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
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8/4/2010 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: [email protected]
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: [email protected]
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: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Reagan Kathleen Russell


Florida Department of Environmental
Protection*
MS 35
3900 Commonwealth Blvd
Tallahassee, FL 32399-3000
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

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8/4/2010 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


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)
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8/4/2010 Electronic Case Filing | U.S. District Co…
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)

PACER Service Center


Transaction Receipt
08/04/2010 13:27:39
PACER Client
we0083
Login: Code:
Docket Search 2:07-cv-00228-JES-SPC Starting
Description:
Report Criteria: with document: 432
Billable
3 Cost: 0.24
Pages:

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Case 2:07-cv-00228-JES-SPC Document 365 Filed 06/15/09 Page 15 of 16
8/4/2010 $5,048.60 EXTORTION SCAM, DEF. CL…

From: [email protected]
To: [email protected]; [email protected]; [email protected];
[email protected]; [email protected];
[email protected]; [email protected];
[email protected]; [email protected];
[email protected]; [email protected];
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[email protected]; [email protected]; [email protected]; [email protected];
[email protected]; [email protected]; [email protected]; [email protected];
[email protected]; [email protected]; [email protected]; [email protected];
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[email protected]; [email protected]; [email protected]; [email protected];
[email protected]; [email protected]; [email protected]; [email protected];
[email protected]
Subject: $5,048.60 EXTORTION SCAM, DEF. CLERK DREW HEATHCOAT, DOC. # 425
Date: Wed, Aug 4, 2010 1:14 pm

Federal Bureau of Investigation

http://www.scribd.com/doc/35361666/Drew-Heathcoat-Extortion-Scam

USA, Ex Rel. et al. v. USA et al.


Civil RICO

Administrative Office of the United States Courts


One Columbus Circle, NE
Washington, D.C. 20544

Defendant Crooked Clerk of Court Drew Heathcoat


U.S. District Court
Fort Myers, FL 33901

mail.aol.com/…/PrintMessage.aspx 1/2
8/4/2010 $5,048.60 EXTORTION SCAM, DEF. CL…

RE:
DREW HEATHCOAT EXTORTION SCAM, FALSIFIED “$5,048.60 writ”,

DOC. ## 425; 365; 386-4; CASE NO. 2:2007-cv-00228

Dear Sirs:

The final money judgment issued as mandate 06/11/2009 was in the amount of $24.30, Doc. #
365.

Defendant K. M. Wilkinson bought Drew Heathcoat for the criminal and illegal purposes of
falsifying a “writ of execution”, Doc. # 425.

Def. Heathcoat knew and concealed that the fictitious “July 29, 2009, judgment” had never
existed, and that on 06/11/2009, the 11th Circuit had lost jurisdiction.

The “Bill of Costs” form, Doc. # 386-4, Case No. 2:2007-cv-00228 was blank.

Published at www.scribd.com.

/s/Jennifer Franklin, Private Attorney General


/s/Jorg Busse, M.D., M.B.A., M.M., Private Attorney General

mail.aol.com/…/PrintMessage.aspx 2/2
Case 2:07-cv-00228-JES-SPC Document 365 Filed 06/15/09 Page 1 of 16
Federal Bureau of Investigation

USA, Ex Rel. et al. v. USA et al.


Civil RICO

Defendant Crooked Clerk of Court Drew Heathcoat


U.S. District Court
Fort Myers, FL 33901

RE: DREW HEATHCOAT EXTORTION SCAM, FALSIFIED “$5,048.60 writ”,


DOC. ## 425; 365; 386-4; CASE NO. 2:2007-cv-00228

Dear Sirs:

The final money judgment issued as mandate 06/11/2009 was in the amount of $24.30, Doc. #
365.

Defendant K. M. Wilkinson bought Drew Heathcoat for the criminal and illegal purposes of
falsifying a “writ of execution”, Doc. # 425.

Def. Heathcoat knew and concealed that the fictitious “July 29, 2009, judgment” had never
existed, and that on 06/11/2009, the 11th Circuit had lost jurisdiction.

The “Bill of Costs” form, Doc. # 386-4, Case No. 2:2007-cv-00228 was blank.

Published at www.scribd.com.

/s/Jennifer Franklin, Private Attorney General


/s/Jorg Busse, M.D., M.B.A., M.M., Private Attorney General
8/3/2010 EXTORTION OF $5,048.60, DOC. # 42…

From: [email protected]
To: [email protected]; [email protected];
[email protected]; [email protected];
[email protected]; [email protected];
[email protected]
Bcc: [email protected]; [email protected]; [email protected]
Subject: EXTORTION OF $5,048.60, DOC. # 425; Def. Drew Heathcoat
Date: Tue, Aug 3, 2010 9:49 pm

Federal Bureau of Investigation

Defendant Drew Heathcoat, Crooked Clerk of Court


U.S. District Court
Fort Myers, FL 33901

RE: EXTORTION OF $5,048.60, DOC. # 425; Def. Drew Heathcoat

The final money judgment issued as mandate 06/11/2009 was in the amount of $24.30, Doc. # 365.

The “Bill of Costs” form, Doc. # 386-4, Case No. 2:2007-cv-00228 was blank.

Published at www.scribd.com.

/s/Jennifer Franklin, Private Attorney General


/s/Jorg Busse, M.D., M.B.A., M.M., Private Attorney General

mail.aol.com/…/PrintMessage.aspx 1/1
8/4/2010 You should know this

From: [email protected]
To: [email protected]; [email protected]
Subject: You should know this
Date: Wed, Aug 4, 2010 9:43 am

I wanted you to know, Dr. Busse, that my heart is with you...and Jennifer Prescott, as
with all of the others, who have had their property rights severely violated. It is a very
sad situation, as I don't believe that any one person has any more rights than the
next, as we are all "equal", especially when it comes to a piece of property that you
have worked so hard for and paid for honestly and is taken away from you by
someone else, who did nothing but covet. Perhaps the constitutionality of the law
should seriously be questioned, especially when there is tyranny involved. I hope,
that I get the opportunity and pleasure of meeting both you and Jennifer one of these
days. :-) I admire you for speaking up and addressing this issue. Sincerely, Angela

mail.aol.com/…/PrintMessage.aspx 1/1
Case 2:07-cv-00228-JES-SPC Document 432-2 Filed 05/21/10 Page 1 of 1
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

DR. JORG BUSSE,


Plaintiff [-Appellant],

KENNETH M. ROESCH, J.R., et al.,


Plaintiffs,

versus Case # 2:2007-cv-228-FtM-JES-SPC

LEE COUNTY, FLORIDA, et al.,


Defendants.
AFFIDAVIT
NOTICE OF APPEAL, RACKETEERING,
AND ORGANIZED GOVERNMENT CRIMES
__________________________________________________________________________/

NOTICE OF APPEAL FROM FRAUDULENT “order(s)”, DOC. ## 434, 435, 424, AND

RACKETEERING, 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, 424, 434, 435, 433, 430; AFFIDAVIT

EMERGENCY MOTION TO ENJOIN FRAUD ON COURT, DOC. ## 435, 434, 424, 425

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.

DEF. JOHN E. STEELE OBSTRUCTED JUSTICE & PERVERTED FLORIDA LAW

1. 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

2. 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

3. 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. 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 such as here, e.g., the Plaintiff Appellant Dr. Jorg Busse are the policy,

custom, and pattern of said corrupt Courts.

DEF. JOHN E. STEELE EXTENDED EXTORTION & RACKETEERING SCHEME

4. Here, 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.

2
DEF. STEELE CONCEALED PERJURY & GOVERNMENT EXTORTION SCHEME

5. 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”.

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

7. 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”

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

a. NEVER had any lien;

b. NEVER was the holder of said forged judgment.

9. Here, Defendant 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”;

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

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

Complaint, Doc. ## 282, 288:

“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

11. Defendant Crooked Judge 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.--

3
(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

12. 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, Plaintiff 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 John E. Steele’s publicly recorded:

a. Racketeering;
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

13. Def. Steele 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”,

4
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

14. As part of a criminal organization, 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.

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.

15. 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”.

16. 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.
5
RACKETEERING, EXTORTION, DECEPTION, AND FRAUD ON THE COURT

17. 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

18. 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.

19. 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.

20. 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

21. 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.

22. 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.

6
23. “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”

24. 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

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

25. 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

26. 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
7
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

27. 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
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.

28. 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.

29. 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.

30. 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”.

8
31. Just like a bungling Government idiot, Defendant 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

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

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

32. 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”.

33. 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”.

34. 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”
9
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

35. Under publicly recorded fraudulent pretenses of, e.g., “frivolity”, “vexatiousness”,

“sanctionability”, “lack of jurisdiction”, “ripeness requirements”, et al., Def. Steele 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”;
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
36. Def. Steele 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

37. 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
10
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

38. 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.:

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.

39. 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

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

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

11
OBSTRUCTION OF JUSTICE, BRIBERY, AND RACKETEERING

41. In exchange for bribes, Defendant Racketeer 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;
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


42. Defendant 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

43. 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.

44. 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

45. Here, Defendants 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

12
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.

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

46. Dr. Jorg Busse and Jennifer Franklin Prescott are suing Defendant Racketeer John Edwin

Steele for, e.g., racketeering, extortion, retaliation, fraud, and reckless deprivations.

JOHN E. STEELE’S EXTORTION ON THE PUBLIC RECORD

47. 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

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

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

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

49. Def. U.S. Racketeer 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.

CONSPIRACY TO EXTORT AND RETALIATE

50. 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”.

STEELE CONCEALED RECORD ABSENCE OF FAKE PARCELS AND JUDGMENT

13
51. Defendant Crooked U.S. Judge 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”

52. Def. Extortionist John 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)

53. 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”.

54. 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

55. 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

56. 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…”

14
RECORDED & PUBLISHED RACKETEERING & EXTORTION

$24.30 MONEY JUDGMENT ISSUED AS MANDATES JUNE 11, 2009

57. 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

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

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

59. 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.

60. 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

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

$24.30 MONEY JUDGMENT BECAME FINAL ON JUNE 15, 2009

62. 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:

15
RACKETEERING: EXTORTION OF MONEY:

“FRIVOLOUS APPEAL” MOTION WAS ADMITTEDLY NEVER FILED

63. 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

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

BRIBERY

65. 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

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

law.

16
RACKETEERING & EXTORTION IN VIOLATION OF:

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

67. 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

68. With wanton disregard for Plaintiff(s)’ rights and due process, Def. Wilkinson violated the

law and Rules:

The $24.30 money judgment was unauthorized by law.


Itemization was for $24.30.
No documentation for $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.
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]

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

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


(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.”

70. 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

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

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

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

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

2009.

APPEAL BECAME FINAL ON JUN 15, 2009

73. 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.

74. 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.

75. 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

76. 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

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

reacquired jurisdiction for further proceedings.

77. 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
18
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…

78. 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

79. 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 …”

80. 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

81. 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.

82. 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

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

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

extortion-fraud schemes, Documents ## 432, 434, and 435, and adopted them by

reference in this NOTICE OF APPEAL and EMERGENCY MOTIONS.


19
FRAUDULENT ATTACHMENT OF FICTITIOUS DEBT TO CAYO COSTA LAND

84. 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

85. 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

86. 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.

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

enforced under Florida law.

88. 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 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.”

20
NO service OF ANY “writ of execution” UPON DR. JORG BUSSE

89. 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,

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

90. 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.

AFFIDAVIT; DEMAND FOR MANDATORY SUSPENSION OF PROCEEDINGS ON

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

91. 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
21
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

92. 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.

WHEREFORE, Plaintiff Government corruption and racketeering victims demand

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

2. 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

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;

3. 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.;

4. 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;

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

22
6. 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;

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

civil provisions;

8. 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;

9. 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];

10. 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;

11. 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

12. 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”;

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

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

23
14. 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;

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

Government Racketeer John E. Steele;

16. 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;

17. 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;

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

Judge C. E. Honeywell;

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

Judge S. Polster Chappell;

20. An Order for equitable relief;

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

unencumbered;

22. 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;

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

coercion, fraud, and concealment in said Courts;

24. An Order for compensatory damages;


24
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

27
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
28
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)
29
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
30
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

31
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

32
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

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