RICO Criminal Conspiracy Documented in DOJ/IRS Case Against Ken Cromar

Community Support Foundation
Logan, Utah
November 9, 2023

Breaking News: RICO Criminal Conspiracy Documented in DOJ/IRS Case Against Ken Cromar

Ken Cromar has been transferred to the Davis County Jail in accordance to Judge Magistrate Peade’s agreement to provide Cromar with the court ordered Discovery. Cromar was finally provided a working laptop giving him access to the original 697 files and an additional 550 more, which now totals 1,347 files of evidence that IRS/DOJ intends to present in their case against Cromar. Cromar says he has lost 22 pounds in his struggles with the blatant, and heartless, denial of his Constitutional rights by countless individuals willingly breaking their oath of office in what feels like a conspiracy. However, he is happy that he has finally received the Discovery evidence, which was 47-days late and received less than 60-days prior to his scheduled trial in December of 2023, giving evidence that the wheels of justice grind exceedingly slow.

On November 6, 2023, Cromar filed A Notarized Affidavit, Statement of Facts, Status, Venu, and Jurisdiction Regarding the Facts and Events Regarding His False Arrest. In this filing Cromar recalled Magistrate Oberg said something to the effect of, “I understand, Mr. Cromar, that you claim not to be a United States citizen, and we’re wondering if we should consider deporting you?” Cromar responded with something like, “I’m apparently brought here under charges under title 26, IRS Code. Though I cannot remember the exact code site, the term “United States” is defined in Title 26 as, ” … for the purposes of this title the term ‘United States’ means those who reside in Washington, D. C., Guam, Puerto Rico, Virgin Islands, an American Samoa”, and I don’t live in any of those places. Therefore, according to the IRS’ own code, I am NOT, a “United States Citizen.” This direct question of jurisdiction has repeatedly gone unaddressed.

On September 13, 2023, Magistrate Peade asked Cromar to enter a plea. Cromar replied, “I do not plead ‘guilty’. I do not plea ‘not guilty’, because I am 100% INNOCENT.” Magistrate Pead ignored Cromar’s statement (even though he did not remain silent or refuse to answer), Magistrate Peade entered a not-guilty plea on Cromar’s behalf without his consent. Magistrate Peade’s action clearly shows that this judge is practicing law from the bench.

Cromar declares that at all hearings to date, he was restricted from calling witnesses; therefore, he was not prepared to mount his own defense.

Cromar stated he is not a rioter, rebellious, a bomb maker, nor terrorist, has never carried a weapon nor insurrectionist to be feared by authorities; rather, he is a BELLIGERENT CLAIMANT* to be respected as a private non-public citizen (in other words, a “non-corporate citizen”) with a right to be left alone**. Cromar affirmed he is peaceful, but a resolute defender of God-given rights, who is trying to preserve his rights.

*The individual rights guaranteed by our constitution can be compromised or ignored by our government. For example, in U.S. vs. JOHNSON, Federal District Court Judge James Alger Fee ruled that: The individual rights guaranteed by our constitution can be compromised or ignored by our government. For example, in U.S. vs. JOHNSON, Federal District Court Judge James Alger Fee ruled that:

“The privilege against self-incrimination is neither accorded to the passive resistant, nor the person who is ignorant of his rights, nor to one indifferent thereto. It is a fighting clause. Its benefits can be retained only by sustained combat. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a BELLIGERENT claimant in person.” McAlister v. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L.Ed. 671.

The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. Once he testifies as to part, he has waived his right and must on cross examination or otherwise, testify as to the whole transaction. He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus. The holdings in the cases of this type cited by defendant are sound, but they do not apply here because Memolo did not resist, he acquiesced. Likewise, he did not have himself held in contempt or arrested for refusal. Furthermore, he had the documents in his possession and returned them. Finally, he did testify as to such matters many times before this grand jury and now expressly waives the privilege against self-incrimination as to this testimony. (U.S. v. Johnson, 76 F. Supp. 538, 540-41 (M.D. Pa. 1947))

** Justice Brandeis, articulating the right to be let alone, wrote that:

The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings, and of his intellect. They knew that only a part of the pain, pleasure, and satisfaction of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions, and their sensations. They conferred, as against the government, the right to be let alone–the most comprehensive of rights and the right most valued by civilized men. (Olmstead v. United States, 227 U.S. 438,478, 48 S.Ct. 564, 572, 72 L.Ed. 944 (1928) (Brandeis, J. dissenting)

Theft by Collusion

Cromar also affirms that he is one of the people, is a man of God, made in the image of God, a son of God and declares he has been given joint dominion with the other descendants of Adam over the Fish, Fowl, Cattle, and All of the Earth and over every creeping thing that creepeth upon the earth and claims absolute ownership over his private property. (Genesis 1 :26-28 King James Version)

Cromar also declares he is one of the bodies of the people and is jointly viewed as sovereign and that his property is private property over which the county of Utah and/or state of Utah (municipality) and/or the United States has NO AUTHORITY or control without his consent and Cromar avers NO EVIDENCE of such exists.

On April 27, 2020, Cromar discovered a notice on his home in Cedar Hills that the United States Government (IRS) had taken possession of it.

Cromar immediately contacted the Utah County Recorder’s office and did a title search to confirm if the notice of seizure was, in fact, legitimate, and found that there was no such recording or filing at that time; nor does Cromar believe that there is any evidence that there was a transfer from the Cromars to the IRS.

Cromar was not aware (or served notice or any evidence) of any transfer of title to his Cedar Hills property to the IRS, nor does Cromar have possession of any documents, or evidence that the said home was transferred from the Cromars to the IRS.

April 29, 2020, according to the Utah County Recorder’s office, the said Cedar Hills property was sold from Southwestern Area Collection of Internal Revenue Service on September 10, 2019, to Copper Birch Properties, LLC, for the sum of $331,000.00. Cromar was not aware of the sale of September 10, 2019, because the deed was not recorded by the Utah County Recorder’s office until April 29, 2020. [More of this collusion will follow] Cromar was not aware of this transaction until he went to the Utah County recorder’s office to check his Land Patent filings on or about April 29, 2020. Cromar is not in possession of any evidence that the Cromar’s had consented by private contract with any person to encumber or transfer title to his said private property and believes no such evidence exists. Cromar is not in possession of any evidence; none, that there is a lawful judgment found in local district and venue court in the state of Utah, having general jurisdiction to make lawful judgment, and believes none exists.

Cromar’s private property was severed from the public by Patent #392 Issued by the United States government and signed by President Grover Cleveland/designee February 26, 1887. Cromar is the current heir or assign by deed to a portion of the afore-described patent for which he is derived of his private property.

Corroboration in the Friend of the Court Brief

The Community Support Foundation (We the People) reported, in a Friend of the Court Brief on Behalf of Barbie & Ken Cromar [rejected by the Court as a Frivolous Filing], numerous tyrannical unlawful abuses of power occurring during a 13-month period of time which would have protected the Cromars until the appeal was answered. On May 17, 2019 the Cromars filed an Appeal to the Tenth Circuit of Appeals regarding the “Order granting #103 Motion for Order Foreclosure and Judicial Sale,” BUT it was NOT answered until over 13-months later on June 23, 2020 when the Circuit Mandate was Affirmed thus making VOID all actions taken against the Cromars during those 13-months until their Appeal was answered. This judicial malfeasances creates a clear Deprivation of Rights Under Color of Law (18 U.S. Code § 242) and a Conspiracy to Deny Rights (18 U.S. Code § 241), subject to the pains and penalties detailed therein, as well as actionable RICO violations by numerous government officials who appear to have acted in concert to cover the error up in hopes the Cromars, terrorized and traumatized, doing the best they could to defend themselves while without home or resources, without professional BAR attorneys who might take note of, and object to the fatal error. However, we, the Community Support Foundation have noticed and we hereby strenuously OBJECT to this injustice.

• On September 19, 2019 at 10:00 am the Cromar home was auctioned on the US District Courthouse steps in Salt Lake City, to the highest bidder, Nathan Eddington, a Utah Highway Patrolman living two houses south of the Comar’s home, for $330,000. As required by IRS regulations the successful bidder was required to put 10% ($33,000) down and the total remaining balance was to be paid off in 30 days. Bidders are warned that they must be prepared to follow the rules or lose all monies paid. It was later discovered that Eddington’s 10% or $33,000 was not put down on the day of the auction as required, but rather $31,000, nor was the total balance paid off within 30-days as mandated in IRS regulations. The court sworn testimony by IRS PALS special agent “Gary Chapman” (alias of the agent who acted as the auctioneer – Employee ID #10000324786) declared Eddington as the winner, but there is no record made available to the Cromars, through a Motion for Discovery was filed to ascertain if Eddington ever took title to the property (not on Utah County Records), and how a defaulted auction bidder last his $31,000 or not, and how a new sale was illegally obtained outside the Circuit Court acknowledged / required legal IRS process.
   
• Over 130-days after the auction a new party came into the picture as alleged buyer Brett J. Belliston representing COOPER BIRCH PROPERTIES LLC, which is when the Cromars learned of Bellinston’s illegal negotiations outside of USC Title 28 section 2001(b) which represents a new public purchase upon the default of Eddington and was not Noticed to all interested parties as required by the IRS regulations. Why was the district court public record regarding the purchase process “secreted” (hidden – which we understand is a felony) from the victims of this theft of their land / home, based on a fraud on the court committed by the DOJ / IRS attorneys, despite their Motion for Discovery?
   
• On April 17, 2020, the Cromars realized that they would not receive due process and that the court was going to facilitate the illegal sale of their home. They finalized and preemptively filed on the Utah County Record, their lawful claim of LAND Patent #392 part and parcel thereof, and followed up with a Notice of Acceptance of the allodial, pure title, which was posted on the Public Notice board by the Cedar Hills Fire House for 60-days as required Public Notice, thereby giving anyone an opportunity to contest and challenge the Cromars’ Land Patent claim in an Article III court, as well giving Notice of Information on May 18, 2020 to the US District Court. Effectively the Cromars lawfully moved back into their home, prevailing and as court and county records show no lawful challenges to the Cromars as the only legal owners to their land/home backed by an unpresented 180-years of unanimous Supreme Court decisions. Only the US Attorney General (or his designee) could lawfully challenge Cromar’s claim and had to do so in an Article III court. Of course, no challenge from anyone or the court was ever received, closing forever the opportunity to challenge.
   
• On May 29, 2020, Bellinston approached the court with a SEALED Ex Parte Writ of Assistance requesting to have Marshalls surprise the Cromars and remove them from their home without Notice. Six times Bellinston was advised by the clerk, the Cromars, and tinally Judge Shelby that he was required to provide service copies of the SEALED documents to the Cromars, which outlined a plan to forcibly remove the Cromars. Bellinston never answered the judge and did not provide the documents. On August `7, 2020, Judge Shelby gave Bellinston 72 hours to reply to his ORDER TO SHOW CAUSE and then on August 21, 2020 Judge Shelby signed an ORDER of Unsealing, and released copies to the Cromars through the Manager of Office of Clerk, when Bellinston did not answer the sixth demand in defiance of the court’s requirements.
   
• Around September 10, 2020, the Cromars filed a Motion for Temporary Restraining Order to address the violations of the IRS regulations in the auctioning of their home. But on September 18, 2020, once again Judge Shelby denied the Cromars hastily prepared emergency Motions trying to pause the judicial freight train barreling towards them at their home without success, as Judge Shelby denied the Motion for Temporary Restraining Order.
   
• On the evening of September 24, 2020, a 75-man SWAT team comprised of 2 helicopters, 2 MRAPs, multiple snipers, surrounded the Cromar’s home, evacuating the terrorized neighborhood and arrested unarmed 58-year-old grandmother of eight, Barbara Cromar, without presentment of warrant, though requested. Ken Cromar, unarmed, had been arrested an hour or so earlier without warrant, despite numerous requests, in the nearby Pleasant Grove Macey’s Grocery store parking lot, ironically underneath their famously large American Flag.
   
• On September 25, 2020, the Criminal cases #201402860 & 201402868 were filed against the Cromars with the charges of Felony 2 – Burglary of Dwelling (1-15 years) and Felony 3 – Wrongful Appropriation (1-5 years) on a property that was still titled under the Cromar’s names and which should never have been in question. More accurately the felony Burglary of Dwelling and Wrongful Appropriation should be charged against government officials who have falsely accused Barbie & Ken, in that the Commissioner of the Internal Revenue and US Tax Court Chief Judge Maurice B. Foley agree with the Cromars and have admitted in separate rulings that there was no lawful tax claim (with the required lawfully signed Notices of Deficiency and Notices of Determination) at any time from 1990 through 2020!

Now after Judge Christine Johnson declared war against, We the People and failed in her attempt to sentence Barbie & Ken, the IRS & DOJ have maliciously decided to bring charges, again, against Ken Cromar in Federal Court. Not only does this action result in Double Jeopardy, but it clearly shows that they are willfully participating in the collusion to deny Ken Cromar of his Constitutional rights, while completely ignoring the admissions of the Commissioner of the IRS, who acknowledged that the Cromars never owed any taxes from 1990 through 2020.

Where there is smoke, there is fire!

Tom Fairbanks
Intelligence Support Activity (ISA)
Community Health Advocate
Community Support Foundation