Court Cases on Fictitious Names
from:
http://www.ecclesia.org/
The following court cases deal with objections to one's name being printed in capital block letters (all-caps).
In every case, the court ruled that it is frivolous to argue how one's name is spelled and ruled against them.
Many "'patriots" (for profit) have used these court cases to "prove" that it does not matter how you spell a name (whether in all capital letters or not). But if it does not matter, why doesn't the court simply spell the name the way the accused asks them to? However, as will be seen, the reason for the courts ruling against these arguments was not because of how the name was spelled, but because the accused used the wrong arguments and submitted themselves to the courts jurisdiction!
Admitting It's Your Name
If a court calls out a name (which is fictitious), and the accused answers to that name, even if he says his name isn't spelled that way, he is still admitting that it is his name! The body of the accused is present, what does it matter how it's spelled now? Remember, either it is your name or it is not your name. If it's not your name, you don't answer to it. Period. Here's what happens if you do:
Russell v. US (WD Mich 1997) 969 F.Supp 24.
"Petitioner...claims because his name is in all capital letters on the summons, he is not subject to the summons...completely without merit, patently frivolous, and will be rejected without expending any more of this court's resources."
[To argue that your name is spelled in all caps is wrong, because then you are admitting it is your name. A name spelled in all caps is not your name, and to say it is your name gives jurisdiction to the court. Instead of saying, "My name is spelled in all caps on your papers," one should say, "My godly name does not appear on your papers"].
Wyatt v. Kelly, Chief Bankruptcy Judge (WD Texas unpub 3/23/98) 44 USPQ2d 1578, 81 AFTR2d 1463, 98 USTC para 50326.
Tried to sue judge for violating his civil rights by having his name printed in court documents in a way other than the "appellation" this crank prefers. Crank reacted by refusing to respond to prosecution's complaint whereupon the judge entered a Not Guilty plea on his behalf. Suit against judge dismissed.
[#1: Civil Rights, which have men for their author, are an abomination to God because they create State Worship. If you partake of man's created rights, you are under the power of the creator of those rights (man). The creator determines what the created violated, not the other way around. #2: By him admitting "his name" was spelled incorrectly, he admitted it was his name, and he, again, gave jurisdiction to the court. #3: Scripture forbids us to go to courts of law, and commands us not to sue others, but to forgive others. Therefore, he gave jurisdiction to the court simply by being lawless in God's eyes.]
Gdowik v. US (Bankr. SD Fla unpub 7/23/96) 78 AFTR2d 6243 aff'd (SD Fla unpub 11/6/97) 228 Bankr.Rptr 481, 482 80 AFTR2d 8254. Claims that "the use of his name JOHN E GDOWIK is an 'illegal misnomer' and use of said name violates the right to his "lawful status" was rejected.
[Basically, John confessed to, and answered to, "his name" in all caps. Since by doing so, he gives jurisdiction to the court, it is no longer an "illegal misnomer."]
US v. Frech (10th Cir unpub 6/16/98) 149 F3d 1192(t). "Defendants' assertion that the capitalization of their names in court documents constitutes constructive fraud, thereby depriving the district court of jurisdiction and venue, is without any basis in law or fact."
[The defendants already admitted it was "their name", and answered to that name, so how can it be fraud? The court is correct].
Giving Wrong Reasons
US v. Washington (SDNY 1996) 947 F.Supp 87. "Finally, the defendant contends that the indictment must be dismissed because 'Kurt Washington,' spelled out in capital letters, is a fictitious name used by the Government to tax him improperly as a business, and that the correct spelling and presentation of his name is 'Kurt Washington.' This contention is baseless."
[The accused made the wrong argument. True, it is a fictitious name. However, to say it is used because the government wants to "tax him improperly as a business" is hypothetical and speculative. Opinions are not law and have no standing in law. There are other reasons why the government uses fictitious names, and to claim this one, without proof, is not a reason to dismiss the case].
Jaeger v. Dubuque County (ND Iowa 1995) 880 F.Supp 640 at 643.
"The court finds Jaeger's arguments concerning capitalization otherwise specious. The court routinely capitalizes the names of all parties before this court in all matters, civil and criminal, without any regard to their corporate or individual status..."
[Notice the court qualified the term "status." The court did not say "without regard to their status," but only to their "corporate or individual" status. Under the law, corporate and individual status is identical. Maxim of Law: "The law which governs corporations is the same as that which governs individuals." Jaeger's error was as follows; either he admitted he was an "individual," or he did not rebut the presumption by his accusers that he was an individual.]
Punctuation
The following court cases deal with objections to having no punctuation in the midst of one's name.
Rosenheck & Co. Inc. v. US ex rel IRS & Kostich (ND Okla unpub 4/9/97) 79 AFTR2d 2715. "Kostich has made the disingenuous argument that the IRS documents at issue here fail to properly identify him as the taxpayer. Defendant Kostich contends his 'Christian name' is Walter Edward, Kostich, Junior and since the IRS documents do not contain his 'Christian name,' he is not the person named in the Notice of Levy. The Court expressly finds Defendant WALTER EDWARD KOSTICH JR. is the person identified in the Notice of Levy, irrespective of the commas, capitalization of letters, or other alleged irregularities Kostich identifies as improper. Similarly, the Court's finding applies to the filed pleadings in this matter."
[The court is right when it says WALTER EDWARD KOSTICH JR is the person identified in the document, because this capitalized name is a person and it does appear on the document! The judge was not referring to Kostich, but to KOSTICH. In addition, Kostich said he is not the "person" named, but since he admitted to being a "person," that gave the court jurisdiction. The government has jurisdiction over all persons, but not all men. All persons are not men.]
Person: βIn law, man and person are not exactly-synonymous terms.β Bouvier's Law Dictionary, 1856, 1 Bouv. Inst. n. 137.
β...not every human being is a person..." Black's Law Dictionary, 4th ed. 1957 & 1968, p.1300.
State v. R.E. Wilson (Mont.Supm unpub 12/3/98). Appellant argued that his convictions, for driving without a license or insurance or registration, was invalid solely because the court papers identified him as "Richard E. Wilson," whereas he claimed his actual name is "Richard Earl., of Wilson" (period after Earl and no capital for Wilson), consisting of his "nomen, pronomen and cognomentation" in that order. The court rejected this argument by ruling, "The caption more than adequately identifies [the] appellant as the party in interest...and appellant's efforts to distinguish his name from that shown on the caption by means of punctuation and terminology are wholly unpersuasive."
[The appellant basically argued that he can drive without a license solely because the court misspelled his name. This is not true. #1: The way a court spells a name is not an excuse for driving without a license. The reason for exercising your duty of movement on the common way is solely because Christ commanded us to do so without permission from men. #2. The fact that he admitted to "driving" gave them jurisdiction because it's a commercial term. #3: He admitted to being, or did not refute the accusation that he was, an "appellant" and a "party" to the action, which gave the court jurisdiction.]
And approximately at the same time, The Cincinnati Enquirer (12/16/98) reported that an Ohio court rejected that a defendant who had taken to identifying himself as "Jack Edward; Taylor" was not the jack Edward Taylor" named in the court documents, especially since there were plenty of old letters and other papers he had signed in the usual way and sometimes without his middle name. The verdict was rebutted on use of semicolon. [
This defendant, by his own act, showed himself to be a false witness by signing his name on other pieces of paper the same way that he himself said it was not spelled. By signing his name to the "fictitous name" in all caps, he stood as surety in the flesh for the "person" the State created. He became "one flesh" and merged with a lie. The State used his own evidence against him. This is God's rod of correction for having a double mind.]
So remember, if a court yells out a name that "sounds" like your name, and you know that the name called out is not your name (because the court has spelled it in all capital letters), then do not answer to that fictitious name!
Don't give them your name.
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