Tuesday, June 19, 2012

USMS ignores 4th amendment to imprison without criminal charge

I,  Kay Sieverding, don't have a criminal record. How can I convince you?

A criminal records search for Kay Sieverding shows no records

See, it says opening, terminated and pending counts are "none"

Asst US Attorney Robert Anderson said that the government isn't a party, but the court clerk says that I should be detained anyway because Judge Nottingham wants me

Yet the United States Marshals Service component of the United States Department of Justice detained me without a criminal charge three times three times for 5 months.  DOJ has tried to claim that these detentions were legal without a criminal charge because they were ordered by former federal judge Edward "Naughty" Nottingham.  This is really a big deal in terms of rights.  The Holocaust in Germany was started when the Jews were imprisoned for civil contempt. The U.S. Constitution   retains to Congress the power to define crimes.  When Congress defines crimes there are lots of hearing and it is the same crime regardless of who does it.  When a judge alone has the power to decide what behavior deserves incarceration, then what is legal for you can be illegal for me. The Supreme Court recently ruled that people accused of civil contempt don't have a right to a lawyer. They were referring to people accused in state court of not paying alimony.  Now the federal government is wanting to imprison people without their having a right to a lawyer.  And any old drunk judge can say what he thinks civil contempt is.  In my case, Judge Nottingham dismissed my civil case against the City of Steamboat Springs, Colorado and Kevin Bennett, a convicted felon who was the president of the city council, without writing an opinion, which is required by Rule 52. Then he ordered that I should pay them $100K even though there was no trial and no orders finding that I wrote anything that was incorrect, no Rule 11(c)(6) orders. So I filed documents in another court for relief from judgment. That is why former judge Edward Nottingham ordered that I should become a federal prisoner. 

The 4th Amendment reads 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

There was no oath or affirmation supporting a warrant. What that means is that the warrant didn't comply with Federal Rules of Criminal Procedure Rule 4, which requires that the document contain a federal offense that is supported by a criminal complaint. That's the only definition of warrant that is in the Federal Register. Anyone can download a blank warrant form and fill in Arrest John Doe because he has a big nose or Arrest Susie Q because she is overweight and there are corrupt judges to be found. So it's important that criminal charges and a criminal complaint actually be filed and that all the steps in the Rules of Criminal Procedure actually be followed.

I have complained to DOJ about this for years and it doesn't want to explain.   Usually when I complain DOJ will not even acknowledge my complaints.  This may be changing now that the criminal statute of limitations is up for DOJ to prosecute its employees.

Here is an email I got from DOJ Internal affairs recently:

USMS internal affairs acknowledged my complaint
As you can see from the email, Charlene Todd from the USMS Internal Affairs office in D.C. called me and I called her back.  Her phone number is the same as that of Michael Prout, who runs the USMS Internal affairs office 202 303 9155. 

Apparently the reason that Charlene Todd called me is that I published a corruption report to Michael Prout on the Lawlessamerica.com website. Then I called Prout several times at 202 303 9155.  The first time I called the receptionist who answered the phone said she had heard my name. 

Inspector Todd asked me to contact Rick Holden in the Internal Affairs Office of USMS in Denver. So I did.  It is not easy to get an email to go through to DOJ but Rick's did.  The first page I emailed to him is copied here

Page 1 of the email USMS inspector Charlene Todd asked me to send to Rick Holden
I'll copy the email so that it will be in html. The above is a pdf of the email that I saved as a png so I could copy it here.

Rick Holden
Internal Affairs

Dear Mr. Holden

Charlene Todd in Michael Prout's office in D.C. asked me to contact you. DOJ published in the Federal Register in Vol 64, No 215, page 60836 on Nov 8, 1999 that the categories of sources of records in the Prisoner Tracking System are only

"Any and all information necessary to complete administrative processes, safekeeping, health care, and disposition of individual Federal prisoners who are in custody pending criminal proceedings"

yet the attached sieverding form 129.pdf shows that I was charged with civil contempt only, not a criminal charge and yet recors about me were entered into the Prisoner Tracking System in your office.

I attached a blank A0471 detention order pending trail but your office detained me without an A0472 detention order even though I was not sentenced and am shown on various PTS forms as "w-t trial".

I attached a letter from the FBI to myself saying that your office entered criminal charges against me into the NCIC.  However, I was not criminally charged. 

I attached a closed warrant information network report "f for felony closed warrant" showing that I was arrested on a felony, however, I wasn't charged with a felony.

I attached a felony detainer faxed from your office for myself.  However, I wasn't charged with a felony.
Here's a copy of the 1999 federal register page 60836, see the categories of records in the Prisoner Tracking System is in the third column.

In 2004, DOJ published again about the Prisoner Tracking System in the FederalRegister and it used the exact same wording "individual Federal prisoners who are in custody pending criminal proceedings", see below. That is Federal Register Vol 69 No 82 Wednesday April 28, 2004

So here is the Prisoner Tracking System record that the USMS created about me, which as you can see, says that I was imprisoned for civil contempt not criminal contempt. This violated the Privacy Act, 5 USC section 552a subsection (e)(4)(I) and gives me statutory authorization to sue the government. That's an important right because without that the government can do anything it wants to you and no one will be held responsible ever.

USMS filled in the PTS that I was locked up without a criminal charge

I didn't plead "guilty". The USMS made that up.

This  AO 472 form says that you had a bail hearing before they locked you up
Here's the second page of a blank form saying you had a bail hearing

So Form AO 472 is required by the Bail Reform Act of 1984 before they lock you up without a trial. 

I didn't have a trial, I was locked up by USMS without a trial and without a bail hearing.  If anyone wants transcripts of the hearings in which it was discussed that I shouldn't have a bail hearing and didn't have a right to an evidentiary hearing before the USMS should just lock me up, please email me at kaysieverding@aol.com or check the website of lawlessamerica.com.  Some of them are on the Michael Prout corruption report and I will probably post more. 

Anyway, the USMS office in Denver sent a felony detainer for myself to Wisconsin even though I wasn't charged with a felony or with a misdemeanor.  

USMS claimed I was charged with a felony even though I wasn't

So, this is why I need to have a USMS internal investigations and a public report and this is why I need this blog because the USMS and DOJ wants to pretend that they didn't do anything wrong.

How did this happen?

I was imprisoned because Judge "Naughty" Nottingham was my judge

My imprisonments were ordered by former Judge Edward Nottingham.  The above is a report by ABC News:  "Edward Nottingham, the chief federal judge in Denver, Colo., was 'implicated as a customer' in an on-going IRS and Denver Police investigation of an alleged prostitution operation called Denver Sugar / Denver Players"  .... lawyers ...are also involved.

Basically what happened is I sued the City of Steamboat Springs Colorado and its convicted felon city council president, Kevin Bennett, who was my former neighbor. Bennett extorted me and harassed me using city powers to benefit his property at the expense of mine. CIRSA, see my blog What is CIRSA? insured them for $ 5 Million.  CIRSA's lawyer, David Brougham, asked Nottingham to imprison me so that I wouldn't get any insurance settlement from CIRSA. To do this, Nottingham needed to use the Prisoner Tracking System and the Warrant Information Network, because federal law doesn't have a way to imprison people for civil contempt. Since the United States Marshals Service was guarding Nottingham 24/7 while he was going to the Denver Players brothel and the Diamond Cabaret strip club, the USMS goons were happy to oblige. Since the USMS systems controls are weak it was easy for them to enter non existent criminal charges into the Warrant Information Network and it was easy for them to sue the Prisoner Tracking System in a way that it wasn't supposed to be used.

So that's why I need an investigation of the United States Marshals Service.

USMS in Colorado faked the signature on this validation log
So that's why I need an investigation of the United States Marshals Service

Here's my last email from DOJ Internal Affairs, that they take the matter very seriously

On 6/20/12, Internal Affairs claimed to be taking complaint "very seriously"
NOTE:  These documents can be enlarged by right clicking on them and they can be copied.

I also have a corruption report to Michael Prout, the USMS internal affairs man, at LawlessAmerica.com.  It will come up on search engines under "Michael Prout Corruption Report". That website has downloadable pdfs of longer versions of some of these documents and of transcripts of proceedings before former federal judge Edward "Naughty" Nottingham.  In one I am told in court that I don't have a right to an evidentiary proceeding before I am sent to jail. The witnesses against me weren't sworn, I was not allowed to cross examine them, and I wasn't allowed my own witnesses. There are explicit extortionist threats in the transcripts that I and my husband will be imprisoned if we don't file motions to dismiss our civil actions. Anyone who wants more information about my experience should email me at kaysieverding@aol.com or call me at 617 894 5274.   I am trying to publish information about my third party lawsuits on blogger.com.  See for instance,

LawlessAmerica is a group of victims of judicial malfunctions.  Bill Windsor is currently on a national trip doing digital video recordings of many people who are victims of judicial malfunctions. Go to their website if you are interested in participating.  It is comforting to know that you are not alone and the volume of victims may result in reform.