Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1*
it 1.
Keith Priest May 19, 2006
c/o 4863 Deer Valley Page lof 4
Lakeside, Ariz. 85929
602-432-9830
Ref: Matters set forth in CR03-344-PHX-MHM
AFFIDAVET IN SUPPORT OF MOTION TO SHOW CAUSE ON ATTORNEY’S
REFUSAL TO FILE FOR LEAVE OF COURT TO AMEND PLEA TO NOLO
CONTEDERE, NUNC PRO TUNC, AND REFUSAL TO REBUT PLAINTIFF’S
ASSUMPTIONS AND PRESUMPTIONS IN FAVOR OF DEFENDANT
The undersigned Affiant, Keith Priest, secured party and third party intervenor, herein after
"Affiant” does solemnly swear, declare and state as follows:
Afiiant is competent to state the matters set forth herein.
Aftiant has personal knowledge of the facts stated herein.
All the facts stated herein are true, correct, and complete, admissible as evidence and if called
upon as a witness Affiant will testify as to their veracity.
l. Affiant has not been informed of any acts or dishonors which occurred in the United
States or defaults, judgments or forfeitures pending in the District Court of the United States,
to which Affiant is liable, which are the foundation for a criminal action in the United States
District Court for which Affiant can accept. Therefore it seems that Aftiant is tricked against
his will into appearing in a dishonor for which he cannot be responsible.
2. Affiant is not aware of the use of the entity KEITH D. PRIEST as a trustee in the alleged
wrongdoings of the instant case.
3. Affiant knows of no documented evidence that United States citizenship was used in the
private activities of Affiant where wrongdoing is alleged the instant case.
4. Aftiant knows of no funds held by any of the private contracts or “trusts" mentioned in
the instant case that were available for identification, assessment or collection by way of
federal statutes or procedure and to aftiants knowledge all tax obligations had been met prior
to their placement into the respective trusts.
5. Affiant is not aware of documented evidence that he "conspired to defraud the United
States by dishonest and deceitful means for the purpose of impeding governmental functions
of the U.S. Department of Treasury, Internal Revenue Service (I.R.S.), in the computation
and collection of income taxes."
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6. Affiant knows of no proof of obligation or exhaustion of administrative remedies by the
IRS, C23 assessments, or Individual Master Files, concerning anyone mentioned in this
instant case, used to create the required default and judgment necessary to bring about a
condition upon which "Willful Failure to File" must necessarily rest.
7. Affiant knows of no documented evidence showing a that IRS agents had delegation of
authority from either the Tax Board and Criminal Enforcement Section personnel to proceed
with a Grand Jury investigation or proceeding against Aftiant.
S. Affiant knows of no delegation of authority to either IRS or D.O.J. officers to proceed
against Affiant in his private capacity under color of a Special Grand Jury reserved for
officers and employees ofthe United States.
9. Affiant knows of no documented evidence of evasions of tax liabilities associated with
instant case.
10. Affiant does not admit to being a "sovereign", as stated by the Plaintiff.
Presentance Report
a. Affiant does not give consent to the court to take notice of Affiants private activities
concerning signatures, agreements, contracts, conversations and other private activities as
anything other than the private activities of a man outside of United States jurisdiction.
b. Affiant does not rmderstand the use of the word "taxpayer" to mean anything other than a
tax collector who is obligated to "pay over" the collected tax.
c. Affiant is not aware of any "solicitation of taxpayers" either by himself or by others.
By paragraph:
38. a. Affiant in not aware of any documented evidence showing that Affiant was a "primary
sales consultant".
b. Affiant is not aware of any documented evidence showing that he or the defendant
KEITH D. PRIEST engaged in the "solicitation" to a federal undercover agent for which he
is accused.
40, 41,and 42. Afliant is not aware of the three documents mentioned in paragraphs 40, 41
and 42 as being anything other than forgeries, not authorized by Affiant, using photo copies
and cut and pasting of Affiants handwriting.
43. Affiant was not aware that when he signed on to the trust “The Herb Stop" that Laila
Breitler had not yet terminated the state corporation “The Herb Stop" creating a least a three
month overlap of the two which lead to much confusion and frustration on the part of the
trustees and state officials. The removal of records was suggested by the attorney hired by
IFC to handle this situation with the state court.
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44. Affiant is not aware that when Derral I-lineman provided the "Grand Jury" with “records
related to Tro Sha Cor" that a breach of contract had not occurred by Derral I-lineman due to
non-presentation to the trustee of notice of third party interest. Affiant does know that his
response to this act as anything other than appropriate.
45. Affiant has not and does not intend to give the court permission to take notice of
Affiants private activities such as, but not limited to, contracts, agreements, payments for
services, private loans and private investments as anything other than private activities by a
man outside United States jurisdiction.
Loss Calculation
48-55 Affiant is not aware of evidence before the court of defaulted liens or claims as proof
of "loss" nor has Affiant seen documented evidence before the court of an IRS exhaustion of
administrative remedies, C23 assessment and reliance on Individual Master Files necessary
to show a default on any tax or filing liability on any man, woman or other entity in this
instant case which must be the foundation to show the "loss" that the Plaintiff is claiming.
P. 22 Justification
a. Affiant is not aware of any documentation verifying "defendant’s (KEITH D. PRIEST)
involvement in the instant offense? The activities in question seem to be the private
activities of the man Keith Priest, whose presence in this court may be in error.
b. Affiant does understand what is meant by "...a breach of the public’s interest in our
nation’s tax system" and is not aware of any documented evidence of a violation of the
Internal Revenue Laws concerning anyone mentioned in the instant case.
c. Affiant does not understand the use of the word "nation" and is probably an alien to such.
d. Affiant is not aware of any documented evidence showing that Keith Priest or the
defendant KEITH D. PRIEST was an "employee of IFC" or "earned a wage between 2000
and 2001" or signed a W—2, W—4 or any other document indicating employment. Afiiant is
not aware that IFC is anything other than a private trust and not a government protected
workplace, and not an employer, and therefore cannot have "employees".
e. Affiant is not aware that he has accepted any "benefits from members of society".
f. Affiant is not aware of any documented evidence that he has not "respected the law"
governing these "tax" matters.
g. Affiant is not aware of having accepted a delegation of authority to handle contract
obligations of the United States.
The undersigned Affiant, Keith Priest, certifies on Affiant’s commercial liability that Affiant
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has read this Affidavit and issues the same with intent and understanding of purpose and does
solemnly swear, declare and state that the statements, allegations, demands and contents
contained herein are true, correct, and complete, not misleading, the truth and nothing but the
truth.
Further Aftiant saith not.
By: i
Keith Priest, third party intervenor, secured party
and authorized signer for KEITH D. PRIEST
_ _ I¤\cu~icq··. A·r¤¤~_
I . , a Notary Public for said County and State, do hereby
certify that Keittih Priest personally before me and signed the foregoing. Witness my hand
and seal this 19 day of May, 2006.
Notary Public My Commission Expires ‘?
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MHM on May l9th"’ . 2006. 4 pages.

Case 2:03-cr-00344-MHM

Document 828-2

Filed 05/19/2006

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Case 2:03-cr-00344-MHM

Document 828-2

Filed 05/19/2006

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Case 2:03-cr-00344-MHM

Document 828-2

Filed 05/19/2006

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Case 2:03-cr-00344-MHM

Document 828-2

Filed 05/19/2006

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