This is the first of a series of Case Analyses. To successfully operate a real free-enterprise business, you have to take certain precautions. You have to operate in such a way that you always stay at least one step ahead of the terrocrats. (Terrocrat = terrorist bureaucrat or coercive government agent.) There are important principles, "dos," and "don'ts." By analysing them in the context of specific cases, they should make more sense.

Eventually we'll have a series of Case Analyses that will be extremely valuable to those who wish to libertize themselves and their businesses. (Libertize = shift economic activities from public ("master") sector or private ("slave") sector to free enterprise sector.)

Freedom Technology includes organizing your life and affairs so it's difficult for terrocrats to interfere. It also includes the means to defend yourself and fight back if necessary and appropriate.

The Jane Doe Case
I received the following email:

From: xxx@xxx
Date: Fri, 15 Nov 1996
Subject: Please help!!

Hi Frederick Mann,

My name is Jane Doe. I am a Terra Libran and have read a lot of what you wrote. I am in a dire need of help right now so I am begging you for help.

I live in Xxxxxx and I have created an organization called XXX, an MLM Pure Trust company. Right now we are just prebuilding our downline and are not collecting any money from our members and FTC is on our case suing us and ordering Temporary Restraining Order and Asset Freeze and other stuff insisting that we are hurting the consumers and operating a pyramid scheme.

My son John Doe is my partner in this venture. We have been studying Common Law from different authors and we have carefully been reading your writings. The author of the book "Vulture's In Eagle's Clothing" Lynne Meredith from We The People in California has been extremely kind to us in directing us what to do with our fight with the Terrocrats.

So far the following has been the lawlessness and abuse the Judiciary has done to us.

1.The Judge ignored our plea to exercise our fourth and fifth amendment rights. Just plainly ignored that it has any validity.

2.The Judge also Denied our Motion of Quash with 20 pages of constitutional citings and supreme court cases relevant to our case. Called the Motion Frivolous.

3.Ordered the US Marshalls to forcibly enter our house to get records of my organization as I refused to voluntarily give those up and exercising my 4th and 5th Amendment rights.

They simply do not have any respect for our constitutional rights.

We are unfamiliar with court proceedings but we have been appearing in court by ourselves with the phone guidance of Lynne in California.

So far we have stuck to our rights in spite of all the bully and intimidation they have applied.

I thought you might know a patriot lawyer that we possibly could ask for assistance in handling our futile battle with FTC. Or he or she does not have to be lawyer as long as he knows the constitution and Common Law.

We are desperate. I hope you can help us. Just refer us to whoever can help us.

Jane Doe

Immediate Evaluation
I referred Jane to "common-law lawyer" Legal Eagle who lives in her city and has a superb record of winning cases against terrocrats.

The first thing to realize is that this case may have deteriorated beyond repair. Because of your unfamiliarity with correct court procedures, mistakes may have been made from which recovery is unlikely or impossible.

With the assistance of Legal Eagle, decide whether to continue the fight or walk away from it.

If you decide to walk away from it, you want to salvage whatever you can, and make a new beginning, rearranging yourself and your salvaged assets to effectively become invisible to terrocrats.

If you decide to fight the case, you need to safeguard your assets to make it difficult for terrocrats to seize them. Legal Eagle can assist you.

Because of the arrogance of the terrocrats, and because so far you may have been a naive "mark" to them (from their perspective), they may have made some serious mistakes as well. Legal Eagle is an expert at cashing in on such mistakes. He's made a lot of money this way. He'll be able to determine the potential in your case. In my opinion, you should only continue the fight if there's a potential for collecting many thousands from the terrocrats, or at least recovering substantial seized/frozen assets.

General Considerations
1. The terrocrats' "constitution" is: "ANYTHING GOES... THAT WE CAN GET AWAY WITH." Period. That's the de facto "constitution" under which they operate.

2. To the judge, the idea that you have "constitutional rights" is a joke. To him you're just a "common-law sucker" who doesn't have a clue. Because you don't know court procedures, whatever you present in court is almost certainly just plain silly. You spend days to come up with 20 pages of "common-law gibberish" (from his perspective) which the judge dismisses with one single word: "FRIVOLOUS!"

3. For you to think you can win in this situation is like thinking that you're a one-woman team who can go onto the football field against the Dallas Cowboys and beat them. The odds are about the same!

4. In general, it's pure folly to fight on enemy turf.

5. However, there are a few Legal Eagles who know court procedures even better than the judge, Legal Eagles who have fought many battles, who can set traps for prosecutors and judges and maneuver them into corners from which they cannot escape without a big payoff. Only with the assistance of such a Legal Eagle do you want to fight on enemy turf.

6. When launching a free-enterprise business, you need to decide early on whether to follow a STAND AND FIGHT strategy, or to be INVISIBLE. With an MLM company it's very easy to be invisible, because customers don't have to visit your premises.

7. There's a common-law principle that you can use whatever name you like, provided you don't do so to defraud anyone.

8. In organizing addresses, phone numbers, and bank accounts, consider options such as mail drops. Consider all the options available. For each option regarding address, ask yourself, "What is the equivalent option for phone and bank account." Do this cross questioning as widely as possible. You can become very inventive in organizing your affairs to become invisible to an extreme degree. (Point 7 above is also relevant here.)

9. Realize that agencies such as IRS, FDA, FTC, SEC, AG's Office, etc. are like prides of lions. They play, rest, sleep, hunt, and eat. They don't try to catch everybody all the time. They select their prey. Your letter indicates that they may regard you as "easy meat." You may have presented yourself to them all along as easy meat. That may be why they selected you as prey.

10. Usually, an outfit like the FTC starts by sending you a letter, often a "fishing" letter. If you received such a letter, you may have responded like a fish taking the bait. That first letter is often a test to determine if you're easy meat. So your first response is very important. If you demonstrate to them that you might be a great big shark who could seriously hurt them if they mess with you, they often leave you alone to go after "easier pickings."

11. A favorite terrocrat tactic is to raid your home or business, freeze your bank accounts, and take away your computers, files, records, etc. with the hope that you won't be able to continue your business. So you need to organize your affairs so such a raid won't stop you. (Often, from the terrocrats' perspective, the hunt is over at this point because they got their loot and they've killed your business.) Using full disk encryption and keeping multiple frequently updated offsite backups of all your data is vital!

12. When you get that first sign of "heat" from terrocrats, it's time to strengthen security, possibly to move and become more difficult to find.

13. People with private-sector businesses should also consider such security options and precautions. When it comes to selecting prey, hungry terrocrats don't care whether you're in the private or free-enterprise sector. All that matters is whether you're easy meat or not. Whether from their point of view you're "in the system, obeying the law" doesn't matter. "The law" is such that practically anything you do breaks some "law." They can always concoct a "reason" for hunting you.

14. A very important principle is that the sooner you stop any terrocrat attack the better. If any situation deteriorates to the point that you have to defend yourself in court, it could become very expensive for you. Another reason why that first response is so critically important. You want to stop them cold in their tracks as soon as possible.

15. There are two major traps in all of this. The first comes from following the advice of a state-bar attorney. These critters are "officers of the court." They swear an oath of allegiance to "the system." If, in the kind of situation you're in, you rely for support on a state-bar attorney, you're almost certainly doomed.

16. The second major trap is following the advice of a "patriot common-law counsellor" who doesn't have the necessary competence, particularly in the area of court procedures. Lynn Meredith may be competent in certain areas, but not sufficiently competent in others to provide the assistance you need.

17. Most judges probably see you and your type as threats to their cozy system. Whereas state-bar attorneys tend to kowtow to judges, common-law types are threats who challenge judges' supposed "authority". Just make the slightest technical mistake and the judge says, "FRIVOLOUS!" -- hiding his glee. In any case, people like you are rebels who need to be made examples of. Without the assistance of a common-law counseller who is also a master of statutory court procedures, trying to fight terrocrats in court is pure folly.

18. Some may ask, "Why get involved in all this hide-and-seek, cat-and-mouse nonsense?" "Why take all these risks?" In Nazi-Germany which Jew was better off: the obedient sitting-duck cog in the machine or the freedom technologist skilled at hiding, dodging, and disappearing? "But this is America, not Nazi-Germany!" Tell that to the sitting-duck Branch Davidians.

19. Whatever strategies and tactics individuals apply are a matter of personal taste, liking, and inclination. Personally, I'm not a stand-and-fight hero. Fortunately there is a growing number of common-law counsellors who are getting better and better at beating the prosecutors and judges, and beginning to score significant wins.

20. However, in practically all cases, if you handle the correspondence from the terrocrats competently, you can reduce the risk of being forced into court to close to zero.

21. Generally, you don't receive a demand from "the government," or "the FTC," or "the IRS." It's usually from a specific person. (If you get an unsigned computer-generated form letter from the IRS, you might refuse it as an improper presentment.) So you need to respond in a way that will stop that specific terrocrat from proceeding.

22. I believe that if the terrocrats are to be defeated, it will be the result of more and more freedom lovers applying an ever widening range of strategies and tactics -- and becoming more competent and effective. In military terms, every new strategy is a new front -- a new pincer move.

23. Libertization is my favorite strategy. It's also the strategy Jane Doe has attempted to follow. If there are any other "Jane Does" out there, having trouble with terrocrats, please let me know. I may be able to connect you with competent assistance. Or if anyone can provide us with cases to analyse and present as examples, please send them to me. Your privacy will be respected.

P.S. I intend to issue updates on these cases as warranted.

Appendix: Jane Doe 2
On 16 Feb 2000 I received the following email in response to the above article:

Dear Mr. Mann,

Thank you for this article -- it was very helpful. I had not been able to find specific info like that anywhere else. My situation is different from Jane Doe's but some of your advice to her was applicable to me also. I am simply a self-employed medical transcriptionist with no real assets to speak of, and my goal being to extract myself from "the system". I stopped filing tax returns in 1995. Only recently have I received two unsigned form letters from the IRS saying that I had not filed my 1998 tax return, and to call them immediately. I was not sure how to respond, but you gave some good advice in this Case Analysis #1 -- so thank you!

But I'm sure an *actual IRS agent* will be contacting me sometime in the future. Although I spend all my spare time researching in order to become knowledgeable and not an easy target, I may not learn enough in time, or I could just inadvertently make a dumb mistake as time goes on. With the aim toward being prepared for any contingency, I thought it would be a good idea to locate good, competent legal assistance in case things ever went that far. I understand competent legal assistance in the common law genre is almost impossible to find. If you could connect me with someone, it would be greatly appreciated.

Thanks so much -- I can't tell you how much I appreciate your enormously helpful Web site!

Sincere regards,
Jane Doe 2

My Reply:

I suggest you study the Fiscal Freedom information.

One way to deal with improper IRS letters, such as unsigned forms, is given in '#TL16I: REFUSAL FOR CAUSE WITHOUT DISHONOR - U.C.C. 3-501.'

Regarding legal assistance, I suggest you ask on the Build Freedom and Due Process lists.

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