United States America v. Crown et al

Filing 79

FRCP RULE 54 MOTION by Defendant Victor M. Crown for Entry of Judgment (Exhibits); Notice. (tlm)

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r LED

IN THE UNITED STATES DISTRICT COURT

sEP
FOR THE NORTHERN DTSTRICT OF

I

?

2015

IIIINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA,

..I[',8 U.t.t ErHEYI8ilr,

Case No.: 1:14-CV-05tt02

Plaintiff/Petitioner
v.
Wctor M. Crown, tndividually andDlBlA
Crown and Franklin Accounting and Refunds, et al
Defendant/Respondent

HON. JAMES ZAGET
FRAP 11(aXcXeXf)
Circuit Rule 11(b)
28 UsC 1631- 28 USC 1491

DEFENDANTS' FRCP RULE 54 MOTION FOR ENTRY OF JUDGMENT

Respondent victor M. Crown, Pro Se, as provided under the Federal Rules of Civil procedure,
FRCP 54 (cXdX1),

herewith now moves for entry of judgment in this civil case as follows:

This motion is technically a request for reconsideration of the docket entry from
August 13,
20L5, and is timely filed after a legal mandate by the 7th Circuit Court of Appeals
[Docket No.
75-L734 - USA v. Victor M. Crown, et all on August L4,zoLS was backdated to June
ZZ, 2015

-

or 10 days after the filing of a correction under
post-judgment statutory anterest

10 on June L2,2OL5 ordered 590333 in
to the defendant [Victor M. Crown] for a Shakman 2 claim
FRAP

that was timely filed on May 72,2008 and intentionally defaulted by the City of Chicago.

The 7th Circuit mandate in this case in my favor has therefore legally established ,,nona
frivolous" basis for filing amended tax returns by C&F lnc.; and provides a proper legal
basis to
then re-open the now-closed Shakman case for L425 other Shakman award recipients
covered
under the 2007 consent order and tegal determination of the federal monitor from
3-2G-200g.

This motion is therefore being filed under FRCP 5a (c)(d)(l)

to permit immediate

and

affirmative enforcement of a General order[s] which then directs Bank of America Legal
order

Processing

to

process,

with electronic funds transfer

[EFT]

the amount of Sg0333 in statutory

post-judgment interest which was/is in accord with the 7th Circuit mandate
and the Rule of Law.

This motion, which is being submitted under FRCP 54 (cXdX1) therefore sets the
hourly rate of

which has been established by the lnternal Revenue Service
[tRS] with my Zll4federal
tax return [Form 1040] and the 2012 and 2013 federal amended tax returns
[Form 1040x] that
were submitted after Shakman defendant[sJ [City of Chicago, County of Cook and State
of
SS0.SO

lllinois [from 2008 to 2010] each separately failed to obtain a legal stay of the 7th
Circuit legal
order on 7/L3/2015 - which has now created a legal basis to terminate the civil injunction
case

on tax preparation entirely since the ruling effectively changes an incorrect legal determination
and misclassification of all the Shakman tax claims by C&F lnc. from ,.frivolous,,
,,not-

to

frivolous"

-

which was a significant part of the civil injunction case filed on 7/16/ZOt4.

The mandate by the 7n circuit has therefore vindicated the lRs waivers
{f10055, *LoL47)which

were granted to crown and Franklin Accounting, lnc. on L/gL/2013 and z/27/?oLa.
I

This motion should then be construed as a reconsideration of defendantr,l.rrli",
motion to
I

transfer to the Court of Federal Claims since the 7th Circuit Court of Apdeab entered
[on
6/L2/2OL5| a procedural order affirming a Tiling bar" and also granting ,,r,traory interest on
petitioners' [administrators] Shakman 2 claim from 5-2G09 which now liberales
1426 Shakman
award recipients to obtain IRS corrections and refunds [under 26 USC 1311h314] from 2005
forward and at least 40 earnings credits under rules of the Social Security Administration
for the
period of 20OL-2O10. The leeal deadline for City of Chicago
[Corporation Counsel] to now bring
a petition to the US Supreme Court for legal [emergency] stay of the order was waived
- which
permits a re-opening of any closed cases filed under Shakman case
then
NDIL]
[1:69-CV-2145

from

forward as covered under 26 USC 1311-1314 for 1425 award recipients who can
"floodgate" the court system - by overturning the June, 2014 attempt by Mayor Rahm Emanuel
2OA7

to mislead the court prior to having a detailed financial accounting
["forensic audit,,] of the City
comptrollers' office run by convicted criminal Ahmer Ahmad from the period of 2o77to 2013.

The statutory interest claim affecting the 7s circuit financial mandate would then estabtish
and

validate [prove-up] a "breach of fiduciary

duV'

by the City of Chicago Chief Financial Officer

[Carole Brownl, Corporation Counsel Stephen Pafton, Mayor Rahm Emanuet and City of
Chicago Comptroller due

to the city's non-compliance [and intentional defiance] with a legal

mandates entered by the 7th Circuit Court of Appeals on 9/2012011 and defaulted by United
States on 9/4/2OL5 and the continuing effort by the City of Chicago

to intentionally defy legal

[financial] mandates t have obtained on 9173/2013 [voting rights expert fee] and B/14/2O1S
lstatutory interest] and disregard allof the generalorders filed from 4/l/lsforward.

My counter-claim and this legal demurrer by defendant [Victor M. crown] is filed and now
prosecuted under the rules and the Rule of Law with Judicial Notice of 2g uSC Lg27-Lg2g

The civil injunction case on tax preparation therefore is not abte to proceed since opposing
counsel is and would be unable to prove that defendant was legally served with a valid civil

complaint and because there was/is a fraudulent Proof of Service/Return of Service filed and
docketed with this court

- which then provides defendant

with a proper tegal basis to bring this

motion as a legal demurrer and/or to ask the court to now strike all FRCp Rule 26 disclosures
and interrogatories or, in the contrary to limit discovery to the germane period

of

ZOL2-ZO:..4.

This is because opposing counsel [Atty. Olivia Hussey-Scott] has/is now breaching
[violatingJ
FRCP 37 (c) [failure to disclose, to supplement an earlier response or to legaily
admit] - by

intentionally failing

to include, notate /designate

IRS employees

who sent falsefraudulent

letters [3176C] on Shakman tax-related claims as frivolous; omittins or skippins over the
7/20/15 filins for a "protective orde/' in the DoJ Motion to compel: failing to direct the DoJ
Office of Public Affairc to notify the L426 Shakman victims on its own DOJ legat default[s] and
failing to obtain a legat stay on the 7th Circuit ruling and IRS oppression in creating an incorrect

record of civil penalties, levies, liens and interest charges against Shakman award recipients;

and the failure of Bank of America [City of Chicago custodian for the February 2014
bond issue]

to comply with ALL of the general order[s] filed with the court for petitioner from 4/7/fS.

The State of lllinois Attorney General failed to obtain a legal stay on the filing
bar on 5/Z61LO

The City of Chicago [3'd party] failed to obtain a legal stay on the filing bar on S/26/tO
The County of Cook [3'd party] failed to obtain a legal stay on the filing bar on

5/26lt1.

The entire group of entities failed to obtain a legal stay or contest the financial judgment
filed
by the 7th circuit on 9120/2011 in

- victor M. crown v. city of chicago [Docket No. 11-1546]

The usDoJ failed to obtain a legal stay on the correction on 7/L3/Ls
The State of lllinois Attorney General failed to obtain a legal stay on the correction
on
The City of Chicago [3'd party] failed to obtain a legal stay on the correction

l/L3/ls
on 7lt3/ts.

The County of Cook [3'd party] failed to obtain a tegal stay on the correction on

7/13/lS.

The USDOJ failed to obtain legal stay of the mandate
[statutory interest] on 9/4/15
The State of lllinois failed to obtain tegal stay of the mandate
[statutory interest] on 9/4/LS
The City of Chicago [3'd party] failed to obtain tegal stay of the mandate on

9l4l[5.

The County of Cook [3'd party] failed to obtain tegal stay of the mandate on

9/4/t5.

The defendant [Victor M. Crown and Crown and Franktin Accounting, lnc.] is therefore
establishing a clear record of missed deadlines and legal defautts involving plaintiff
[USDOJ] and
related legalentities all involved in the Shakman federalcase, including state, city
and county.

5952 N. Lincoln Avenue - LL2
Chicago, lllinois 60659-3711
(773) 6et-5975

GENERAL ORDER 09-014

-

BY DISTRICT COURT EXECUTIVE COMMTTTEE

This order specifically applies to the Notice of Patent Claim filed on 4/7/20L5 by defendant
[Mctor M.
Crownl and applies to an Executive Committee order entered S/3tz(f/l which provides
a Writ of Mandamus order under 28 USC L55L and 28 USC 1652 for

authorization for
the "prevailing parry" [Victor Crown]

VI. ENTRY OF COURT ORDERS

[A][1] -All orders, decrees, judgments and proceedings of the court will be filed in accordance with this
General order and will constitute entry on the docket kept by the Clerk of the Court
under Fed. R. Civ. p.
58 and 79 and Fed. R. Crim. P. 49 and 55. All signed orders will be filed electronically
by the court or
court personnel- Any order filed electronically by the court or court personnel without the original
signature of a judge [or, where applicable, the Clerk of the Court] has the same force and
effect as if the
judge or the Clerk of the Court had affixed the Judge's or Clerk of
the Court's signature to a paper copy
of the order and it had been entered on the docket in the manner otherwise provided.
[2J

-

28

USC 1651

The Clerk of the Court may establish additional procedures for filing, creating and
storing electronic
versions or orders, decrees and judgments.

-

WRIT OF MANDAMUS [PEREMPTORY] ordering Bank of America
[as gustee for the City
of Chicagol bond issue of February 20141 to process [and certify] on or before 7
h7 /2ous electronic
funds transfer IEFTJ of 542a36 for shakman 1 BILL oF cosTs filed with us District court on g/3/2oog.

-

28 USC 1651 - WRIT OF MANDAMUS [PEREMPTORY] ordering Bank of America
[as trustee for the City
of Chicagol - bond issue of February 2014J to process [and certifu] on or before l/24/2cl1s electronic
funds transfer [EFT] of 5934665 for Shakman 2 BILL OF COSTS served upon defendant
[City of Chicago
corporation counsell on9/3o/20L3 and filed with US District court on T/6/zots.
28 USC 1651

of Chicagol -

-

WRIT OF MANDAMUS [PEREMPTORY] ordering Bank of America
[as trustee for the City
bond issue of February, 2014J to process [and certifo] on or before 9-1g-2015 electronic

funds transfer [EFT] of 590333 for post-iudgment statutory interest affirmed by the 7s
circuit court of
Appeals in a correction order entered on 6h2l2ot5 and defaulted by City of Chicago
on 9-4-L5

IE[redacted]
-I-tredactedl

ABA ROUTTNG #
ACCOUNT #

XI. NONCE OF COURT

ORDERS AND JUDGMENTS

[A] lmmediately upon the entry of an order or judgment in a case assigned to ECF, the Clerk of the court
will transmit to E-Filers in the case, in electronic form, a Notice of Electronic Filing. Electronic
transmission of the Notice of Electronic Filing constitutes the notice required by Fed. R. civ. p.
77[d] and
Fed R. Crim. P. a9[e]' The Clerk of the Court must give notice in paper form
to a person who is not an EFiler or represented by an E-Filer in accordance with the Federal Rules of Civil procedure,
Federal Rutes
of Criminal Procedure, and the local rules of this court.

TO: BANK OF AMERICA LEGAL ORDER PROCESSING
FROM: VICTORM. CROWN
RE: JUDICTAL ORDER FILED ON 9-18-15 FOR EFT
THE attached FAX includes a filed judicial order and certification which was entered by US DISTRICT
JUDGE JAMES ZAGEL after 9-17-15 which mandated [ordered] the electronic funds iansfer pFTl of
$552159 no later than 9-18-15

- or 14 business days after default by the City of Chicago

on 94-15

This includes a transfer from the City of Chicago Custody Account
[bond issue of February 2014] into
my designated BOA account.

I am therefore now FAXNG a certified copy of tlris order and requesting that BOA therefore comply
with the legal [levy] order from US District Judge James Tagetby f O:OO afra on 9-l E-2015.

hT[lf;',tHMw-/-,,*

Lourdes Theodossis Estate

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Fax Call Report

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2015-5ep-17 11:54 M

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3658 2015-Sep-17 11:49

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Duration

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Fax Gover Sheet

To:
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Bank of America Legal Ordo Processing
Bank ofAmerica
TdephoneNumbec 1,213.580.0702
Fa( Numben
Date:
From:

1.617 -310-2751

09117n015
Patrick Miriani

Dep*Unent
Tdephorn Number: 773.293,49N
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"ru-ra0G22-3482NSBW 08-Zyr7

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Bankof America
-*

Fax Cover Sheet
To:
Company:

Telephone Number:
Fax Number:

Bank of America Legal Order Processing
Bank of America
1.2t3.580.A702
1.617.310.2751

Date:

09/t7/201s

From:

Patrick Miriani

Department:
Telephone Number:
Fax Number:

773.293.4900
773.293.4917

Number of pages induding this cover sheet
lf bansmission problems ocol, please call:

Mesage:

1

0

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VictorMCrown Docurnenb. CaseNurnber, ll4+-tt4546z

This fax, which you requested, may contain promotional materials from Bank of America or one of our
affiliate companies. You may choose not to receive future faxes ihat contain promotional materials by:

o
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Faxing: (804.627.7042)
Calling: (800.421.2110)

Important: You must inforrn the bank of the specific fax number(s) to which the fax opt-out request will
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As required by Federal law we will honor your opt-out request withln 36 6urr.
(c) 2006 Bank of America Corporation. All rights reserved.

The information contained in this FAx message is intended only for the confidential use of the designated recipient named above.
This message may contain contractual and proprietary information and as such is privileged and coinfidential. lf the reader of this
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prohibited. lf you have received this communication in error, please notify us immediately by telephbn6 and retum the-message to
us by mail.
00-22-3482NSBW 08-2007

AFFIDAVIT

l, Victor M. Crown, the lndependent Administrator of the Lourdes Theodossis Estate
[open - glS/ZOl4l
and the Frank Theodossis Estate [closedJ, now affirm that I have the legal and statutory authority
to
submit this motion under FRCP, FRAP and Local Rules, and, as such, affirm the foflowing:
[1] The statements in the Defendants Motion to Transfer Case from District Court to the Court of Federal
Claims under federal law [28 USC 1631 - transfer of case for want of jurisdiction and 28
Usc 1491 [Court
of Federal claimsl are true and correct to the best of my knowledge.

[2] The defendant [Victor M. Crown] therefore affirms the procedural requirements under rules of the
Court of Federal Claims, with a zero balance ffull payment of taxes] and a "right to sue,, letter from
IRS
on statutory interest claim affecting city of chicago issued by tRS on 10-2-14.
[3] The answers filed under Federal Rules of Appellate Procedure and Circuit Rule 11(b) are filed timely
pursuant to an order entered by District Judge James Zagel.

[ ] This motion to transfer

and dismiss the civil case under FRCP Rule 41[b] is timely filed within 30
business days after Judge Zagels' 54-2015 order initially denying the transfer requesq and within
30
calendar days after the 76 Circuit entered on order on statutory interest on &12-L5.

Administrator
Lourdes Theodossis Estate
CERTIFICATE OF SERVICE

l, Victor M. Crown, the lndependent Administrator of the Lourdes Theodossis Estate
[open - 9/5/ZOL4],
herewith certifo that I legally served this response to the civil complaint filed on 7
/L6/2074 under FRCp
and FRAP and pursuant to the Standards of Professional Conduct for the Seventh FederalJudicial Circuit
- I have fully complied with Rule 18, and have also notified, as under Federal Rules of Appellate
Procedure [FRAP] Procedure 25 counsel representing the United States and District judge James Zagel
pursuant to orders entered on 3/4/L5 and 3/25/15.
l, Victor M. Crown, herewith affirm that this Motion to Transfer Case from District Court to the
Court of
Federal Claims was/is timely filed on Sltlz0.tlSERVICE LIST:
US DISTRICTJUDGE JAMES ZAGEL
US DEPARTMENT OF JUSTICE - ATTY. OLIVIA HUSSEY-SCOTT
US DEPARTMENT OF JUSTICE _ ATTY. ROBERT BRANMAN
CITY OF CHICAGO

-

CORPORATION COUNSEL STEPHEN PATTON

/ rrLED
IN THE UMTED STATES DISTRICT COURT

SEP

I 7 2OI5

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zoig,lserved a copy of
directed by way ot

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Signature:

Name:
Address:

City/Zip:
Telephone:

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IN TIIE UMIED STATES DISTRICT COURT
FOR TITE NORTI{ERN DISTRICT OF ILLINOIS
EASTERN DTVISIOFI

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Defendanr(s)

PROOF OF SERYICE

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