California miner needs help after USFS employee steals his property from claim

H

Hefty1

Bronze Member
Dec 5, 2010
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California miner needs help after USFS employee steals his property from claim without any notice. Please spread the word.

http://www.jeffersonminingdistrict.com/legal-news/USFS-Terror-USFS-steals-miners-property-from-california%20-miner.html


Kerby Jackson
Chairman - Jefferson Mining District

When will we finally, as a group, stand together against this criminal assault on a fellow miner?

Oh, so you're too busy huh?

I'll venture to guess that if it was your property stolen in an illegal act, you'd make the time to be involved...

There is power in numbers.. why can't most of you understand that?
 

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im not suprised! what does the frigin fs have to lose at this point! theyve already put their knecks in the nose and its tightening all the time! anything they say and do at this point only tightens the nose!id like to give that rope one heck of a jerk on it myself!
 

New to this forum but I have to agree with milehigh. I work for a county gov. and no matter who walks in the door and makes a complaint they have to look into it and give you the results. You might want to try the district ranger office, county sheriff and the district attorney to file a complaint. dougw
 

Well that just goes to show you...government does not pay attention to details...or to what the hell they are talking about.
 

actually i think they just dont care! afterall,they themselves arent the ones getting sued! "we the people are"!!back in the slick willy and al bore days. al bore told the then sec. of interior 'babbling bruce babbit" (and NO,i dont like any of the 3)to go to the enviromentl groups and hire everyone for work in the fs. this eventually got posted on the miners forums all over and some miners applied but it was flooded with greenies into those jobs. no wonder we are haveing so much problems! we need to get up front and personal with these guys and if/when you sue,name names and dont just put the fs as the receipreant of the suit!and go for big $$$$ like these wacos do!
 

By not complying to their own CFRs you are now legit to do what ya wanted as non compliance by either party IN PARTICULIAR time constraints are spelled out in "great detail"--you won and all I can say is YAHOOOOOOOOOOOOOOOOO-now sue'm into the stone age as jointly and SEVERLY liable for all illegal actions--You knew all along their letter was blue sky and bs and never floated legally ever-John
 

USFS, American River Ranger District, District Ranger, Christopher Fischer, now refusing certified, return receipt, mail. Evasion...Diggin it deeper!
 

I'd hunt'm down like the dog he is and serve him for free just for the privledge a seeing him crap his panties-SERIOUS OFFER---John
 

Seems to me like there needs to be some True Justice coming along here at some point and I do mean Justice served out so that the FS and specific employees of FS being fined as well as sent to jail and laws changed to protect ALL miners. My financial services offer still stands!

John wrestle the sucker to the ground if you have to but do have a witness or two along with you and a camera rolling!

63bkpkr
 

Wow Mark--I had no idea you were having so much non-fun. I certainly hope you get a resolution to the whole thing soon, and some serious satisfaction as well.

All the best,

Lanny
 

I LOVED reading this thread and seeing the out come, CONGRATULATIONS, and our fights will continue for our rights as Americans...and miners.
 

Got it delivered via another miner mailing it...


Delivered to Chris Fischer 9/24/2012


Certified Mail 7012 1010 0002 1429 9632
Return Receipt Requested


Same as Certified Mail- 7012 1640 0001 1642 5356
Return Receipt Requested, Refused on 9/12/2012 By Recipient Chris Fischer






9/7/12

Re: Notice of Default and Fault; Tacit admissions, reliance therefrom. Remedy. Demand.


Christopher Fischer,
Notice of Default​
This is Notice and acknowledgment of your default to answer or otherwise Show Cause in response to the letter of 06/29/12, For Notice and Other Purposes of Your Last Email Threat, included here by this is reference and attached. Your Fault is hereby perfected actions are unlawful, a takings, or a fiduciary breach.

Notice of Fault and Acceptance​
By your failure to respond to show cause, you acknowledge and admit your activities are wrongful and there fore actionable and I accept this fact. I had hoped you would decide to proceed honorably, lawfully, and ethically.

The Letter of 06/29/12 is incorporated here by this reference as the fact of the faults or wrongs, whether by commission or omission, relied upon for remedy. These include, but are not limited to, wire fraud, trespass, theft, interference with commerce, and the host of other crimes.
Remedy​
By your admitted wrongful Acts, I am entitled to remedy. Because you concede, admit, notwithstanding the tacit nature of the admissions, and commit that there is no authority, jurisdiction, or territory for which you did act, or can act, any further contact with me by you, the United State Department of Agriculture, agency law enforcement, or any body else, other than to execute the Remedy I seek for your harm, will be deemed felony in progress. I will respond with the appropriate measures under state law to protect myself and my property. I will resume the exclusive enjoyment and use, including “occupancy”, of my granted property which you further admit and I reasonably rely is a vested private valuable mineral deposit segregation in-holding the forest reserve and not “National Forest System lands”, and not subject to the NEPA or POO.

Demand​
Short of your intention to continue your wrongful ways, Christopher Fischer, you are now liable to me for your admitted wrongful actions.
The cost of your harm to me to date is the sum certain of $22,876.66, (Details upon request), in mitigation. If I do not receive cash payment in 14 days, I we further accept you intend to continue your felonious ways and are in evasion of the debt you owe to me and are obligated to pay to me for the trespass and damage to me, and my property. Any act other than payment is considered retaliation or retribution.

Moreover, I intend to seek the appropriate, not limited to, civil and criminal remedies available to make me whole. Consequently, I intend to seek from the responsible agency head remedy for the ethics violations your actions commit.

Those that have not answered to denounce your actions are deemed to be accessories. I may seek remedy for their harm. For the time-being, I am of notice that they to intend to act wrongfully and are criminal accessories after the fact in aid of felonious organized activity, actionable ethics violations at the very least.

By your default, I will, at least, contact the local sheriff as to your admitted felonious activity in the county.

Mark Hepfner
6833 Capital Circle
Sacramento, Ca 95828




cc: Secretary of Agriculture, The office of Congressman McClintock





Re: For Notice and Other Purposes of Your Last Email Threat. Date 6/29/2012
Certified Mail _____ _____ _____ _____ _____
Return Receipt Requested to the Office of the Secretary of Agriculture


Notice to agent or employee, is Notice to superior.



Christopher Fischer,

In your email to me last, You asked me to “Please work with my office”.
I cannot work with your office.
a) You fraudulently assert authority’s you don’t have.
b) You wrongfully deprived me of my property and rights without due process, or consultation, or the right to do so.
c) You flout your own policies, the codes, and the law.
d) Your office and law enforcement lie whenever it suits your needs.

Most any of the commissions of the above are felonies under federal and state law. For instance, and not limited to, you know that when you violated my expectation of the honest administration of government you committed a felony under federal law. When you used your office to deprive me of the use and enjoyment of my property, that's a felony extortion under state law. How am I supposed to work with such a criminal band, Mr. Fischer.

Further, when I recently picked up my stolen equipment from the American River Rangers District, ARRD work shop, in Foresthill, Ca. my helper was talking to a LEO there and told him we were taking the equipment right back down to the claim. The LEO asked, “Today”? My helper responded, “Yes, why not?” Then posed the question to the LEO, “Is there a law against that?” The LEO just walked away. This shows that there is no law against working my claim. So why are you fraudulently asserting that I need a POO to work the claim? Why isn't the law enforcements officer tacit agreement that there is no law you can use to stop my mining incident activity good enough for you that you continue your extortionate demands?

But your email makes some other unsupportable references which I will have to clear up, whether or not there is ever a time I can work with your office. In your email you use the following terms which appear to imply some sort of continuing obligation on my part to some undisclosed authority on your part, for instance:

1) “As a reminder,”
Your use of the word “reminder” supposes a prior authority that I was obligated to, the orders from which I was required to subject myself. You know there is no such obligation or requirement as will be further discussed. I am not reminded of anything.

2) “in order to work your mining claim”
While identifying it is in fact my claim, and not the government's or yours, You challenge that I cannot work my mineral deposit claim. Where Congress has required that I work my discovery and have the implied right to work my claim, How is your imposition not a taking, and not an infringement of the grant conveying possessory title evidencing that I have exclusive enjoyment and use, including the entire surface within the limits of the claim, assertable even against the United States as your Forest Service Manual explains to you?
a) Show cause, How my mineral deposit location was not restored to public domain, segregated from the forest reserve by operation of law, Act of 1897, and disposed to me and my determinations, exclusively, by operation of law, the mineral disposal acts of 1872 to 1865 and that this grant did not provide a complete authorization other than your approval to work my claim.
b) Show cause how you are not acting contrary to the congressional mandate upon you by the FLPMA that “no provision of this section or any other section of this Act shall in any way amend the Mining Law of 1872 or impair the rights of any locators or claims under that Act.”

3) “Until you have an approved plan, any mining activities, associated equipment or occupancy,” “is prohibited”.
Where I was working before without a plan of operations, your demand here now for a plan of operations appears to be retaliation and retribution for the trespass and theft of my property that was recently committed by your office, whereby you were caught and returned some of my property.
a) Occupancy was granted to me under the mining laws, not subject to your authority, See # 2 above.
b) This other authorization in the form of a congressional grant is not a special use delegated to your administrative management authority that you have discretion over. Show cause that it is.

4) “is prohibited”
As you know prohibition of a granted property is a facial takings of my granted property. It is also a fiduciary breach, a very serious crime. Show cause how your purported prohibition is
a) Lawful,
b) not an takings; and
c) not a fiduciary breach.
d) For the purposes of establishing jurisdiction between the district court and the United States Court of Claims, for unlawful takings, show cause further, how your action thus far are not torts.

5) You use the phrase, “an approved plan of operations”.
a) Show cause in the Act of 1872, the grant terms of which I am obligated to fulfill, where in that act is a Plan of Operations required?
b) Show cause how my private mineral deposit claim is a major federal action subject to the NEPA.
c) By the most extreme odds that you can show the NEPA applicable, produce the prerequisite Notice of Intent, and Environmental assessment the agency did from which any Plan would be based?
d) Given you can show cause the lawful imposition of the NEPA upon my private property, admit you have the cart before the horse or show cause how you do not.

6) “National Forest System lands”
You fraudulently assert that my mineral deposit claim comprises “National Forest System lands” despite the removal of the segregated land by my discovery by operation of law. Where Congress has mandated a reservation of the minerals and land in the Organic Act of 1897, where it states, lands found valuable for minerals may be restored to the public domain and is by operation of law, and where the mining laws culminating in the Act of 1872, convey possessory title, including authority and jurisdiction, exclusively to me of the public domain so removed from the forest reservation, maintainable against the government grantor's interest, including you or the USFS, show cause how you haven’t committed a fraud to declare my private in-holding under the mining law of 1872, and 1897, is “National Forest System lands”?

Until you show that my mineral deposit claim is other than the private in-holding within the forest reserve Congress granted, Your “prohibition” appears valid only upon land I do not possess or intend to work. Show cause this is not the fact.

Because your letter implies official threat of action, however unlawful, You have 14 days to answer to the above identified frauds and other actions to show cause how you are not committing or have not committed any felony, tort, or taking, or acting or intending to act contrary to law as regards your last email and that you can definitively show contrary to your previous theft that you can lawfully proceed and have been doing so.

It is up to you to make sure all get this notice. Everyone who you sent a CC of the below, the “Fischer, Christopher-FS” email to Mr Hepfner, shall return a response disclaiming their part in the apparent criminal actions taken against me by Mr. Fischer or the USFS, whether privately or officially, or be held to be aiding and abetting, or as accessories to the felonies Mr. Fishers commits or the harm caused by the fraudulent statements made or the actions taken knowingly, willfully, and intending to extort from me the exclusive use and enjoyment of the valuable mineral deposit property granted exclusively to me by Congress. There is no excuse. Not responding to tell me that you do not concur with the Actions of Mr. Fischer to expressly denounce those actions or omissions to act to adversely impact my rights and property contrary to law will bring you into liability as an accessory, if not worse.

I look forward to hearing from you all on this matter.

Mark Hepfner
6833 Capital Circle
Sacramento Ca, 95828


cc: Secretary of Agriculture.
U.S. Department of Agriculture
1400 Independence Ave, S.W.
Washington, D.C. 20250

cc: The office of Congressman McClintock
428 Cannon HOB
Washington, DC 20515






Email from C Fischer



From:
"Fischer, Christopher -FS" <[email protected]>
View Contact
To:
 Linda Rhodes <[email protected]>
Cc:
"Barnett, Gary -FS" <[email protected]>; "Torres, Anthony W -FS" <[email protected]>; "Wiese, Karen -FS" <[email protected]>; "Madrigal, Tom -FS" <[email protected]>; "Weaver, Rick -FS" <[email protected]>; "Tebbe, Mo -FS" <[email protected]>
​
Mr. Hepfner,

As a reminder, in order to work your mining claim, you will need to have an approved Plan of Operation (POO). Please work with my office to get an authorized Plan of Operations for your mining activities at your earliest convenience. Until you have an approved plan, any mining activities, associated equipment or occupancy of National Forest System lands is prohibited.

I look forward to hearing from you on this matter.

Sincerely,

Chris Fischer
District Ranger
American River Ranger District, Tahoe NF
W: 530-478-6254 x238
M: 530-906-2095
[email protected]


 

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