Marti Oakley

©copyright 7-01-18

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“It would seem to me that if you are intent on depriving a targeted victim of their identity, this should be done in a civil court, where evidence would have to be provided under oath attesting to the charges being levied. Let a jury decide if your personal identity should be taken from you and gifted to a professional predator that most likely has a long and sordid history of preying on those they perceive to be vulnerable.”

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Declaring the living individual dead to enable the theft of the estate.

Barratry, a term that is now referred to as archaic, rarely, if ever, appears in the legal lexicon. It is the act of knowingly bringing false claims and charges against a targeted individual by members of the BAR Associations. And, it is the result of “the frequent incitement of lawsuits and quarrels that is a punishable offense.”

Every such individual ever forced into one of these pseudo “courts” that are in reality, tribunals, has suffered barratry and been subjected to a foreign jurisdiction and form of “pseudo law”, within which they were specifically disabled and unable to defend themselves. These unconstitutional tribunals were specifically created for this purpose: to leave the individual totally unable to defend themselves against a system devised to render them without any rights or protections. The Constitutional authority for these tribunals has been argued under the 1st, 3rd and 4th Articles of the Constitution, the sheer number of these treatises being a clear indication that they are not Constitutional.

Next, is the use of personage ( a term redefined for obvious reasons). Both barratry and personage are crimes against the individual by members of the BAR. Both of these criminal acts are used to enact foreign statutory law against living people. Foreign to the people, as statutory law circumvents the natural rights and liberties guaranteed in the Constitution and erects a legal fiction contradicting and adverse to the Constitution Bill of Rights, to directly benefit its creators. Which is exactly the only purpose of statutes.

The term “personage” has now been redefined to mean a person of importance or rank. Originally, it meant to assume another individuals’ identity with the intent of accessing their property; an act criminally prosecutable.

Today we recognize personage as identity theft. Of course its only a crime if you do it…if a member of the BAR Association does it in collusion with a for-profit guardian intent on availing themselves of your identity with the intent of fraudulently accessing your assets, it is not a problem; just all in a day’s work. Once the identity theft has been secured, testamentary powers are gifted to the predators who now present themselves as the civilly dead person so that the liquidation of the estate assets can begin in earnest.

Personage was known to be the act of knowingly mis-characterizing the living man or woman as deceased in the law, and then assuming their identity and by extension, access to all their assets. The purpose of knowingly misrepresenting the living human being as deceased (statutory civil death), is exactly what occurs in probate tribunals across the country. This is the ultimate in identity theft. It is also human trafficking with the intent to profit and precisely what happens every day of the week in these administrative tribunals across the country.

These criminal acts defraud and deprive individuals of their life, liberty and property. The collateral consequences and damages that result from the many times exaggerated and fabricated claims of eminent danger to, or from, the victim seldom have any validity. But none is needed in these kangaroo tribunals and rarely is any ever produced or required.

As a result, the ensuing collateral damages to the victim and the intended heirs are civil and regulatory (statutes) and so are not subject to, or applicable to, criminal punishment under actual law.

But the real perk in all of this criminal activity is the clever arrangement that forces the targeted victim to pay all expenses of any kind associated with the unwarranted actions against them by the very predators who bring those actions.

In fact, probate determinations, including the ensuing identity theft and theft of property and the individual’s freedom have been carefully constructed to avoid the Constitution and any rights or protections contained therein. And successful identity theft in these tribunals is totally dependent upon the hearing examiner, around whom all activities and proclamations pivot.

Probate Administrative Tribunals: How the living human being is declared dead, while still breathing

Probate administrative tribunals are to become active only upon presentation of the death certificate. The only supposed intent of the tribunal is to determine if the death is testate, or intestate; meaning with a will or without a will and to make sure that the estate is distributed in the manner the deceased intended.

So how does the living human being become subject to a tribunal that is supposed to become active only upon presentation of a certificate of death?

And how does this fictional death allow for the theft of estates, the disinheriting of families and designated heirs? The discarding of pre-standing legal instruments and instructions is pivotal in the theft of the assets and this is routinely done by hearing examiners, (euphemistically “judges”) working in tandem with predatory guardians and unethical attorney’s and law firms.

An individual subject to probate suffers a statutory civil death. This civil death is equal in its legal consequences to an actual physical death. The victim cannot speak, defend or otherwise refute the claims of the predators. Rarely are they even allowed into one of these kangaroo tribunals and, when they are, they are they are often intentionally drugged with any number of psychotropic drugs to make them appear delusional and dysfunctional. The hearing examiner is fully aware of what is taking place, but since they they receive an annual percentage of the value of the estate just for operating this kangaroo tribunal, they aren’t about to say a word. In fact, this whole operation pivots around the collusion of the hearing examiner, with the predators.

Supposedly, an adult ward of the state is protected by law once he/she is deemed incapacitated ( formerly, incompetent). But the guardian now has control over all monetary and property decisions. As such, they now present themselves as the lawful owners of the property in question including access to all bank accounts or investments and property.

The loss of legal status that is the result of guardianizing the living individual and declaring them dead in the law, is an inherent element of criminal—not civil, punishment. This “civil death” is usually the result of conviction of a crime. But, what crime did the newly declared dead person who is still alive and breathing, commit? Where is the injured party? What damages resulted from the victims actions? Apparently, aging with assets that someone else has decided they want, is now a crime.

It is precisely because no crime has been committed that the targeted victim is subjected to the probate tribunal. There has been no crime, no injury to another, no damages that could be addressed in an actual court of law. No state or federal laws have been violated that would have come into play and which would have required they be brought into an actual court of law.

It would seem to me that if you are intent on depriving a targeted victim of their identity, this should be done in a civil court, where evidence would have to be provided under oath attesting to the charges being levied. Let a jury decide if your personal identity should be taken from you and gifted to a professional predator that most likely has a long and sordid history of preying on those they perceive to be vulnerable.

Once the living individual is subjected to probate, now having suffered a civil death, they are not allowed to speak. After all, dead people can’t talk…can they? And while many friends or family members are willing to care for the individual, they are not allowed to speak either. Then the transcripts from the hearings read as if no one stepped forward willing to care for the individual. That is, if you can even obtain a transcript. In virtually every probate tribunal across the country, all video, audio and court transcriptionists have been done away with. In many cases, even the individuals present in these tribunals are prohibited from hiring their own transcriptionists or recording or taping the proceedings. And of course now, with all of the growing outrage over this trafficking of the elderly through this predatory system, the public is not allowed in to view first hand the overwhelming corruption, violations of rights and dehumanizing activity facilitated by these tribunals and are prevented from being present in the tribunal to witness the corruption first hand.

The generally unfounded claim of “incompetence” has been replaced with the word “incapacitated”. Incompetence required some form of evidence if enough pressure could be applied to the predators to prove their claims. That evidence was usually obtained by obtaining a written diagnosis of mental impairment from an on-board psychiatrist who rarely ever interviews the victim, but claims upon hearsay evidence from others involved that XYZ mental illness is present and therefor the victim was incompetent.

Incapacitated, on the other hand, can mean simply that you have a bad cold that is causing you to spend your time in bed recovering. It can mean virtually anything, or more than likely means nothing at all, and usually does. And of course, that attorney and potential guardian can make any number of false and exaggerated claims in a probate tribunal without ever producing any evidence that what they say is true or valid. And don’t even think about attempting to present any countering evidence to refute the claims of these predators. The hearing examiner will not allow or accept any evidence that refutes the allegations made by those who are anticipating profiting from the estate.

As the number of retirees grows, so does the number of sociopathic predators who make their living preying on the public. This is a dangerous time to be an elderly or disabled individual in this country.

  Powers of testamentary guardian  

28. Where a guardian has been appointed by will or other instrument, his power to mortgage or charge, or transfer by sale, gift, exchange or otherwise, immovable property belonging to his ward is subject to any restriction which may be imposed by the instrument, unless he has under this Act been declared guardian and the Court which made the declaration permits him by an order in writing, notwithstanding the restriction, to dispose of any immoveable property specified in the order in a manner permitted by the order.

barratry

Also found in: Dictionary, Thesaurus, Medical, Financial, Wikipedia.

 

Barratry

In Criminal Law, the frequent incitement of lawsuits and quarrels that is a punishable offense.

Barratry is most commonly applied to an attorney who attempts to bring about a lawsuit that will be profitable to her or him. Barratry is an offense both at Common Law and under some state statutes. The broader common-law crime has been limited by certain statutes. An attorney who is overly officious in instigating or encouraging prosecution of groundless litigation might be guilty of common barratry under a particular statute. The requirement for the crime of barratry is that repeated or persistent acts of litigation are performed by the accused. Barratry is generally a misdemeanor punishable by fine or imprisonment. In the case of an attorney, disbarment is the usual punishment. Since few cases have been prosecuted, barratry is considered by the legal community at large to be an archaic crime. This is particularly true today due to a highly litigious atmosphere. West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

https://www.educatedinlaw.org/2017/04/personage-barratry/

“It is a crime known as “personage”. By arbitrarily creating an Estate trust named after you and claiming to own this thing they created, they have falsely claimed to own you and your assets and to literally buy and sell “you” on stock exchanges, ship “you” out of ports, and tax “you”…

“Hand in hand with personage comes “barratry” — the crime of knowingly bringing false claims into court. So what happens every day all across America, when charges are brought against the ESTATES of “dead men” who are standing right in front of the judge and jury? Barratry — a crime that is appropriately named after the “Bar Association”.

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