Seventh ORIM Claim Filed Against FTB Executives for Not Having Executed Oaths. Claim Also Filed with California Auditor’s Office

Quick background: Every government employee is required to take an Oath and to have an insurance policy or bond. ORIM is the insurance agency for State of California employees. For those of you who are looking to file your own claims, here is info on how to do so. Before you order an oath, check to see if I already have it posted. If you would like some models to follow, here is the firstsecondthirdfourthfifth and sixth claims that I’ve filed. .

This is my seventh Claim to ORIM, which was filed on September 23, 2023.

I also filed the claim with the California Auditor’s Office. I’ve sent a lot of claims to the California Auditor’s Office over the years re: FTB’s accounting fraud schemes, but I’ve mostly given up on the Auditor because it appears they didn’t do anything to stop the schemes.

However, I’d tried to turn these executives in to CALPers for pension fraud (since they were working fraudulently, that means their pensions need to be voided), and CALPers told me that the Auditor’s office was the proper jurisdiction for pension fraud investigations. Hence the claim with the Auditor.

ORIM Claim

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2023 FTB Annual Taxpayer Bill of Rights Meeting

On December 6, 2023, the Franchise Tax Board had its Annual Taxpayer Bill of Rights Meeting. I’ll link the full video of the meeting and the transcripts when they are published.

Meanwhile, here is a video of the speech that I made at the meeting:

Here is the text of my speech. Since the speech was limited to 5-minutes, I had previously submitted more detailed written requests to FTB’s Board Members, Taxpayer Advocate and Executive Staff.

Seven of the twelve items are issues that I have addressed in the past: 1. The Taxpayer Rights Advocate should be addressing constitutional issues. 2. FTB to stop unlawfully imposing wage garnishments, levies and liens. 3. Disclose policies and procedures regarding the application of payments (3 specific items on this topic). 4. Stop unlawfully withholding credit elect payments from married couples. 5. Refer to taxpayers as constituents because we are FTB’s employers, not customers.

There were four new items, too. 1. I addressed the high number of executive staff that do not have oaths or bonds as required by law. 2. I requested that all statutes be reviewed to ensure that FTB’s policies and procedures follow the laws as written, with no words omitted or inserted. 3. I asked what data FTB procures from the low income people not required to file a tax return. 4. I asked why Bill Hilson made so much more money in 2022 than in previous years.

I also requested clarification of an item that I brought up last year: the “no payment” account that appears to be an off-the-books spending account. Last year, I had asked if the funds belonged to FTB or another agency (item #4). FTB had responded that the estimated tax payments are immediately turned over to the State Controller (SCO). I asked for clarification as to whether “no payments” go to the SCO or if they are only turned over once they are identified as an estimated tax payment.

Update: FTB Responded on February 1, 2023. The whole response is riddled with problems. I’ll try to write a rebuttal soon.

Note: I am not suicidal, I don’t have depression issues, I am a careful driver, I rarely drink alcohol, and I do not use drugs of any kind (not even aspirin). My family lives a wholesome life. If something happens to me or my family that is out of character for us, we were set up by the State of California as revenge for exposing their crimes.

Fifth ORIM Claim Filed! This One is Also Against FTB Board of Directors and Executives for Refusing to Disclose Policy and Procedure Surrounding NPAs

Quick background: Every government employee is required to take an Oath and to have an insurance policy or bond. ORIM is the insurance agency for State of California employees. For those of you who are looking to file your own claims, here is info on how to do so. Before you order an oath, check to see if I already have it posted. If you would like some models to follow, here is the firstsecondthird and fourth claims that I’ve filed.

I have Accused fifteen individuals from four different agencies of violating my rights under California Right R&TC Section 21006(b)(2) and for violating 18 USC §1001 (a)(1) by refusing to disclose FTB’s policies and procedures regarding the issuance of Notice of Proposed Assessment (NPA) forms and processing of Protests to said NPA forms. 

For several years now, I have been asking FTB to disclose the laws which justify 1. Not applying all payments made on the NPA form and 2. Denying the Taxpayer Right to Protest on the basis that the NPA does not reflect the full funds collected by FTB. FTB has been continually evasive and continually fails to provide the relevant statutes. It appears to me that NPAs being falsely issued is a lynchpin to the accounting fraud schemes.

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Fourth ORIM Claim Filed! This One is Also Against FTB Board of Directors and Executives for Refusing to Disclose Policy and Procedure Regarding Payments That Are Supposed to be Immediately Applied.

Quick background: Every government employee is required to take an Oath and to have an insurance policy or bond. ORIM is the insurance agency for State of California employees. For those of you who are looking to file your own claims, here is info on how to do so. Before you order an oath, check to see if I already have it posted. If you would like some models to follow, here is the first, and second and third claims that I’ve filed.

I was excited about the third ORIM claim that I filed, and I am even more excited about this fourth claim! I have Accused fifteen individuals from four different agencies of violating my rights under California Right R&TC Section 21006(b)(2), for violating 18 USC §1001 (a)(1) by refusing to disclose FTB’s policies and procedures regarding exactly when payments that are supposed to be applied immediately upon receipt are actually applied, and for violating 18 US Code 242 by not allowing me full and free access of information in accordance with my rights, which is a Class A misdemeanor. 

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Third ORIM Complaint Filed Against FTB Board of Directors and Executives for Refusing to Disclose Policy and Procedure Surrounding Payments Credited for the Purpose of Calculating Interest

Quick background: Every government employee is required to take an Oath and to have an insurance policy or bond. ORIM is the insurance agency for State of California employees. For those of you who are looking to file your own claims, here is info on how to do so. Before you order an oath, check to see if I already have it posted. If you would like some models to follow, here is the first claim I filed, and here is the second claim.

I am very excited about this third claim! I have Accused fourteen individuals from four different agencies of violating my rights under California Right R&TC Section 21006(b)(2), for violating 18 USC §1001 (a)(1) by refusing to disclose FTB’s policies and procedures regarding how it is determined which payments/portions of payments are applied for the purpose of calculating interest, and for violating 18 US Code 242 by not allowing me full and free access of information in accordance with my rights, which is a Class A misdemeanor. 

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FTB’s Response to My 2022 Annual Taxpayer Bill of Rights Requests

As is required under Revenue and Taxation Code (RTC) 21006(a)(2), every year, the Franchise Tax Board allows the general public to make requests for changes to laws, policies and/or procedures that pertain to FTB.

I participated in the December 2022 meeting by submitting a set of requests in writing on November 29, 2022 and an oral request of the same items at the meeting held on December 8, 2022. 

On January 31, 2023, FTB provided a written response to my request. For Item #4, they stated “FTB will provide you with a supplemental response by February 28, 2023, or sooner.” 

On February 2, 2023, I sent my own response to FTB’s written response. In it, I stated:

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The Judge’s Verdict in the SDSC Case Was Blatantly Corrupt

Last year, I posted a video of a legal scholar named Dave Myrland who talked about how the tax man owns the court. I also wrote an article about how the legal system has been hijacked by government agencies who are unlawfully extracting extra revenue for their agencies. In my first appeal of penalties, interest and fees, I saw that the Office of Tax Appeal judges covered up the Franchise Tax Board’s bona fide criminal activities with an extremely deceptive and evasive verdict. It was no surprise when it happened again in the San Diego Superior Court case.

The biggest red flag that the case was rigged against me was that the judge denied an extension of the final hearing date. On January 23, 2022, my father got sick with a MRSA staph infection. He died on February 7. On February 18, FTB and I filed a stipulation to continue the hearing until September. The judge denied the stipulation on March 1. Since I thought the extension was a done deal, I focused on burial arrangements, moving my father’s belongings out of his apartment, probate, etc. When I found out the extension was denied, I only had 10 days to complete and file the extensive paperwork that was due. A paralegal of 23 years told me that she has never before seen a judge deny a hearing extension when both sides stipulated. And the fact that the denial took so long was suspicious.

Here is the tentative ruling, which was issued the day before the trial. He threw out the majority of the documents/evidence that I had submitted on the grounds of technical violations. The Opposition to FTB’s Motion for Sanctions exceeded the page limit and my Opposition to Summary Judgment was missing a table of contents and an authentication. He could have ordered me to re-submit these items and extend the hearing date, but he chose not to.

Just like with The OTA case, the judge refused to acknowledge the existence of FTB’s questionable business practices and refused to address the laws that I cited that proved that these business practices were unlawful. He also refused to acknowledge that the arguments the DOJ made were based on lies and deception, and that FTB had committed multiple counts of perjury and had improperly withheld and redacted documents to hide evidence. Likewise, the judge refused to acknowledge that the DOJ had posted my husband’s and my social security numbers online. If I had done the things that FTB/DOJ had done, the judge would have thrown me in jail. And yet for FTB/DOJ, he just pretended as if none of it had happened.

In the oral arguments, I asked the judge to amend his ruling. Here is the summary of the oral arguments:

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Plaintiff’s Statement of Undisputed Material Facts (SUFs)

For the Motion for Summary Judgement, I had to resubmit the evidence that I had already submitted in a different format. This format is easier to understand and follow. While it was tedious to put together, this format makes the evidence damning. FTB’s assorted schemes and the mechanisms of how the schemes are perpetrated are obvious, so hopefully other people can use the SUFs as a guide to find the fraud in their own records.

Unfortunately, I forgot to attach an exhibit list when I submitted it. The judge threw out all of the evidence because of no exhibit list, and I lost my case because the case didn’t stand without evidence. I asked if I could submit an exhibit list. The judge said no. I asked if I could use FTB’s evidence, as most of my evidence was the same as FTB’s. The judge said no.

Highlights of Key Information in Plaintiff’s Statement of Undisputed Material Facts (SUF)

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