James Avery, Kitsap County Assessor is defrauding the retired and disabled

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WA State provides financial help to retired and those retired due to disability.  It is a ‘Constitutional’ mandate that such financial help be available to these citizens.   For those who want the actual constitutional verification it is WA State Constitution Article 7, Section 10.

James Avery, who as the Kitsap County Assessor,  is required to administer this program for citizens of Kitsap County.  However James Avery has decided he won’t make this financial help available and has invented a scheme by which he hides this program from citizens who may otherwise be entitled — he simply lies!

All Kitsap County Retired/disabled citiznes should compare all documents and instructions they receive from James Avery to the ACTUAL statutes these instructions are purported to fulfill

The MOST IMPORTANT point of comparison is in the way James Avery tells you how to calculate your “disposable income”.  These instructions by Avery are wrong and you should use the TRUE calculation described by the controlling law…. RCW 84.36.383(5)  http://apps.leg.wa.gov/rcw/default.aspx?cite=84.36.383

UPDATE: March 28, 2013….. This LINK is to a document that was provided to me by Representative Jan Angel.  The document is a copy of a Department of Revenue letter that suggests Avery use the DOR’s double-talking excuse when any citizens questions Avery’s fraudulent instructions.  Again… you are examining ‘evidence’ of a fraud…. By definition “fraud” is designed to be difficult to detect.  The document  must be ‘carefully’ compared to the controlling law RCW 84.36.383(5)  Specifically this language at paragraph 5 v the law it is ‘supposedly’ quoting…

RCW 84.36.383(5) defines ‘disposable income’ as adjusted gross income, as defined in the federal revenue code, plus all of the following items to the extent that they were included in or excluded from adjusted gross income.

The TRUE law states it differently and is a material and substantial difference in how to treat those “following items.”

 RCW 84.36.383(5) “Disposable income” means adjusted gross income as defined in the federal internal revenue code, as amended prior to January 1, 1989, or such subsequent date as the director may provide by rule consistent with the purpose of this section, plus all of the following items to the extent they are not included in or have been deducted from adjusted gross income:

There is a lawsuit against Avery for his fraud upon the old and disabled; it is being defended by Kitsap County and the STATE  — at  tax payer expense, of course.  Will this lawsuit ever go to trial?  Said another way…. if an attorney takes an OATH to uphold the constitution of WA…. why is the County and State’s attorneys DEFENDING James Avery’s fraud upon CITIZENS? AMENDED COMPLAINT  COMPLAINT

I hope those who read this post will ask their state representatives why our tax money is used to help a corrupt county assessor escape his legal duty by cheating citizens of their constitutional rights.

Update: 3/30/2013…  copy of the county’s fraudulent application used in 2008.  The ‘offending instructions’ can be found on page 3, first paragraph. Kitsap County’s Fraudulent Application .  Once again… you are looking at a fraud… you must carefully read the instructions and compare to the exact language of the statute, RCW 84.36.383(5).  The language of the instructions does NOT equal in either form or substance the law it pretends to be quoting.

 UPDATE: May 2013.  This case was removed from state court to federal court.  Judge Ronald B Leighton presiding.  Immediately upon removal Avery moved for dismissal under a court rule.  Judge Leighton in an incomprehensible order ruled both that he lacked jurisdiction yet dismissed with prejudice by granting Avery’s motion.  Because of the clearly conflicting language the ruling is being appealed to the Federal Court of Appeals for the ninth circuit. Brief to 9th Fed Circuit Ct of Appeals

 

 

 

4 Comments

  1. Its a set up. Federal Judge Ronald B. Leighton is a corrupt judge and a crook. He is the tip of the iceburg of the corrupt Washington State Bar Association. He is a hatchet-judge for the WSBA. He dismissed an open and shut case I had against 10 Kitsap County Sheriff’s and employees. He will dismiss the case out of hand. You can do this once before he takes any action. Ask for another judge!

  2. The same exact cronyism fraudulent routine, all at the direct expense of innocent citizens for the direct benefit of the severely corrupt. As to whether any of you have ever read the direct quotes by A.G. Ashcroft in regards to corruption, corrupt Federal Judges working in collusion with other rouge elements in our Judiciary listed under the Hague Global Forum on Corruption, I strongly urge you to do so.
    A common belief is that corruption is a Judge taking bribes, which in fact is more than simply quite common transported to the Judiciary via one of their fellow bar members in cash of course during a friendly handshake, private meeting etc. But in truth the definition exceeds this theory. Corruption describes any organized , interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the systems original purpose. Exactly as what is taking place in this case within Kitsap County assessor.

    Bill, I ‘m afraid they have gotten to your site, I just experienced the most notable delay in my ability to type on the site within this post. The last time I experienced something like this was with George McDermott at Secret Justice.com when the DOJ started hacking into my computer and made it impossible for me to email George and one other fellow down in Nebraska who were trying to help me a bit with my case. Just this last year alone, they have stolen so much data from me for which Google has provided me notice of each time accompanied with a map that when I have clicked the pin point region that Google placed on the map, placed the location of the illegal unauthorized hackins right on 7th and Stewart St. right in front of the Federal Court house in Seattle , once in the rear of Union Station in Tacoma , several in the San Francisco Bay area very close to the Ninth Circuit and twice right on Pennsylvania Ave. in the District of Columbia right at the DOJ head quarters. Point being my data bill for which I have had the same account for 6 years that I have never exceeded the 5 gig limit on for a 30 day period, but there has been so many gigs of data theft from me take place over the last 13 months, my bill for my simple cell phone and data card has exceeded $6, 651.52. This corrupt Judicial System will do what ever to destroy a innocent victim that is attempting to disclose the truth, and will spend thousands of our tax dollars to do exactly that.

    In this Country , corruption is so common, that not only is it practically expected, it is flagrantly and proudly demonstrated right in front of all of our faces. Knowing that the common everyday citizen that has yet to be directly assaulted by it is so over whelmed with just day to day survival that they feel they cannot afford the time to even be concerned, and furthermore intimidated by the known fear of retaliation that if they can barely make ends meet now, they surely do not have the necessary funds available to fight. So they retain their current posture with their heads buried in the sand and when briefly exposed, only with the the twitter mind set that does not afford them the hard look at reality that soon enough will be knocking on their very own door, or someone in their family. So the end point of political and Judicial corruption is a “Kleptocracy” which is literally “Ruled by Thieves” !! With the Representatives, Congressmen and State & Federal Senators so intimidated or a direct part of it aiding and abetting it, they are either scared to death to STAND UP AND SPEAK OUT for fear of retaliation and complete career Destruction, alienation and problems that they just cannot seem to make go away for some reason. GOD HELP US AND THIS COUNTRY BEFORE LIKE EVERY OTHER CIVILIZATION CLEAR BACK TO THE DAYS OF ROME, HITLER AND EVERY OTHER ONE WHO HAS WARRED UPON INNOCENT CITIZENS HAS ALWAYS MARKED THAT THE END OF THAT POWER IS NEAR WITHOUT EVEN SO MUCH AS ONE SINGLE EXCEPTION. NOT MY ISOLATED OPINION, FACT, HISTORICALLY A FACT!

  3. This comment is for Bill Scheidler: I have filed a petition for repeal of administrative rule with the Department of Revenue, to repeal WAC 458-16A-100(2) annuity. It was filed May 19, 2015 and DOR must respond by July 18 —- rules coordinator indicates they will take the whole 60 days. My contention is that the DOR cannot enlarge upon the specific items that must be added to AGI as delineated in the RWC. (DOR “clarified” the definition of annuity to include disability compensation, unemployment and welfare benefits – items not included in the statute) I anticipate they will tell me to pound sand. If you are interested in reading the petition, please post an email address.
    Because of the way rules are written, and having spoken to my State Senator, it appears legislators are completely unaware of the rules that are written after the law is created.

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