Due Process Violations Will Not Tolerated!

January 11, 2008

By Andy Rice (View author info)

The following is a slightly modified message I sent to the Atlanta ABC afiliate, WSBTV on January 9, 2008. This is not a local Atlanta or Georgia story. If you read it, you will discover similar illegal activity is occurring in your state. This story will not go away, simply because mainstream media chooses to turn a blind eye to it. Mainstream Media should do their audience a favor and report this story.

Additionally, the government recipients of this message should understand that thousands of voters, around the nation, are watching your performance. Please act honorably and answer this call to action. You have an Oath of Office. Please uphold it! I look forward to hearing from you. Be advised, this message will be posted on the internet for the world to view, at AHRC

Dear WSBTV,

You will notice I am copying concerned citizens and certain government officials on this message.

Before the holidays, you aired a Jim Strickland story for two consecutive days, regarding an attempt to steal a small businessman's corporate identity in order to obtain fraudulent cell phones. In that story, Mr. Strickland reported the various cell phone companies decided to absorb the several thousand dollar's worth of damage. The business owner lost nothing. Our story is much more costly and has much greater impact on the public at large. In fact, the illegal case precedence established in some of the fraudulent lawsuits against my family has already been used against other citizens in order to violate the Constitution and Legislated laws.

You may recall in 2004 and 2006, my wife and I ran for dual legislative seats. Taffy Rice ran for GA House District 36, and I ran for GA Senate District 37. Elect Rice Your station chose not to air any coverage regarding the only, to my knowledge, married couple to run for tandem legislative seats in the history of the nation. However, when Judge Adele Grubbs illegally ordered our arrest and incarceration in June 2006, you covered that story, briefly, with no attempt to air our side of the story. Instead you reported in a manner so as to disparage us and make people believe we were fugitives, instead of victims of a corrupt judicial system.

In the past 8 years of illegal and fraudulent litigation, my wife and I have personally placed information, about the crimes perpetrated against us by elected and bureaucratic officials, as well as powerful law firms, in the hands of several of your reporters. Some of these include Lori Geary, Dale Cardwell, and Tom Jones. Additionally, we have written your station and called many times. At each juncture, your management has decided not to give us fair and balanced coverage.

The subject of this email, boils down to this: the identity of our corporation, LMTHA, Inc. has been illegally used to sue us. This identity theft has been used to obtain and file fraudulent claims on a $1 Million dollar insurance policy to SUE US, the true and legal owners of the corporation. This fraud and identity theft has been reported to Congress, Insurance Commissioner Oxendine, Governor Perdue, Key Members of the GA General Assembly, Nationwide, a number of Judges in Georgia and the Federal Courts, the FBI, the DOJ, and the FTC. However, not one of the government officials (who all have sworn oaths of office) or Nationwide have taken steps to correct the situation. Unlike the aforementioned Jim Strickland story, our story did not cost a few thousand dollars. This fraud and racketeering has cost us over $200,000 in legal fees, a $565,000 house, an outstanding illegal judgment currently totaling $46,000, multiple illegal garnishments, public ridicule, and election fraud in the 2006 Republican Primary. Now, it threatens our farm, valued at almost $3 Million. Additionally, we have been ordered to be incarcerated 3 times in the past 3 years, although the arrest hasn't taken place as yet. I am shadowed by Armed Deputies EVERY time I enter the Cobb County courthouse, for CIVIL MATTERS, as recently as last week. Our children have been endangered and threatened to be taken by DFACS (by the Cobb County Sheriff's Chief Deputy, Lynda Coker, who is a three term Republican State Representative 1991-1996), with our daughter being left to almost die (unconscious) in a Cobb County Elementary School bathroom.

This story is much more serious than the illegal activation of some cell phones.

I am writing to you, once again, to ask for appropriate coverage. The basic details are presented below. However, due to the convoluted nature of the illegal actions taken against us, I must occasionally skip from one subject to the next. Rest assured, we can prove beyond any doubt all of the claims presented below.

In 1991, we bought our home in Cobb County without covenants and restrictions. Still today, our deed bears no notation of covenants, nor does any deed in our chain of title. In 2000, Richard Calhoun of the powerful law firm, Brock and Clay, filed a fraudulent lawsuit against us. The thumbnail version of what transpired is as follows. The suit was filed in the name of Lost Mountain Homeowners Association, Inc. (LMHA) LMHA was a homeonwers association created to oversee Phase I, ONLY, of the subdivision. In 1996, the lot owners in Phase I voted to dissolve that association and adhere voluntarily to the oversight of Lost Mountain Township Association, Inc. (LMTA), which had been created to voluntarily oversee Phases II & III of the subdivision, for those lots that had been sold subject to the improperly filed covenants. However, we did not participate in any of these transactions because our lot was not subject to those covenants. In any case, for those owners who were subject to the covenants, LMTA was the surviving entity. Additionally, the LMTA covenants established a multi-step process that legally must be completed prior to the formation of an Architectural Control Committee. To date, NONE of those steps has been completed.

My wife and I constructed a $25,000 fence around our backyard, with the full permission of Cobb County Code Enforcement. We built the fence to protect our then-small children from dangerous and suspicious activity in our neighborhood. In an attempt to be good neighbors, as a courtesy, we advised LMTA of the fence, and received approval for the fence, even though there was not a legal requirement for the approval. Several months after the fence was completed, a man claiming to represent LMHA, the defunct association, wrote us a letter saying LMHA would sue us if we did not remove the fence, that he, himself, had written was approved. Of course, we denied his request to destroy our valuable property. In April 2000 Richard Calhoun filed a lawsuit claiming we did not have approval to build the fence and that it violated County Code. In May 2000, Mr. Calhoun admitted in a pleading that LMHA was the wrong Plaintiff and his Plaintiff should have been LMTA. However, the Plaintiff was NEVER changed to LMTA. Instead, Calhoun filed a FALSE Consent Order adding the name Architectural Control Committee of the Lost Mountain Township Homeowners Association (LMTHA). Neither we nor our attorney agreed to that Consent Order and notified Judge Flournoy (the elder) of same. However, he retired without correcting the error. Enter newly elected Judge Adele Grubbs. Judge Grubbs NEVER adjudicated our Motion to Dismiss for improper Plaintiff, nor did she address the fraudulent Consent Order.

At the time, LMTHA did not exist. So, my wife and I legally formed that corporation in October 2000. We still own LMTHA today. GA SECRETARY OF STATE SITE LMTHA did not hire Calhoun, nor did it file a lawsuit against us, its owners. In early 2001, the GA Secretary of State dissolved LMHA for failing to pay the annual corporate registration fee for a number of years. Additionally, we have proof that Calhoun's clients have obtained a $1 Million insurance policy in the name of our corporation, LMTHA, but used a fictitious address for the policy. The policy is underwritten by Nationwide. We have notified Nationwide of the INSURANCE FRAUD on several occasions, but the policy still exists. These fraudsters, including Brock and Clay Attorneys and attorneys Anthony Denapoli and Sandy Fine, who work for Nationwide, have used the policy to persecute us and violate our rights in 2 different lawsuits.

About that time, Mr. Calhoun filed a second lawsuit, in the name of our neighbors, the Says and Odoms. Among other things, this suit sought damages because we parked our pick up truck in our own driveway, the cost of curtains so the Says would not have to see our driveway, for having lights on the exterior of our house, for installing a security system at our home, and for slander, regarding the illegal actions of one or more of the Plaintiffs. Eventually, the Says and Odoms would admit, under oath, that ALL of their claims were invalid. However, shortly after our attorney went to Iraq, after being recalled to active duty, and while the case was on a court ordered stay, our insurance company paid the Says and Odoms to dismiss their suit. Additionally, USAA illegally canceled our homeowners policy, in violation of Georgia law, as confirmed by John Oxendine's staff. However, Commissioner Oxendine allowed USAA to violate Georgia Code, without enforcement and in violation of his oath of office. Please be aware that neither lawsuit was covered by our homeowners policy. However, the Say and Odom suit was covered by our umbrella policy. Despite this, we lost our homeowners policy after about 20 years with USAA (at 2 homes) with only 1 claim for storm damage (about $1200) and no other claims. By the way, when USAA canceled our policy, the LMHA suit had been dismissed, due to the desire of Calhoun to "avoid corporate legal issues" because ONE OF HIS PLAINTIFFS HAD BEEN DISSOLVED BY THE SECRETARY OF STATE and WE OWNED THE OTHER ONE. Mr. Calhoun knew his lawsuit was fraudulent, but 6 monthst later he refiled it, USING THE SAME 2 ILLEGAL PLAINTIFFS.

Under GA law, a dissolved corporation is prohibited from filing a lawsuit, such as the one against us. Therefore, since LMHA was dissolved, and since we own LMTHA, the entire lawsuit was frivolous and fraudulent. Despite this knowledge, Judge Grubbs allowed it to stand, and assisted former Cobb County Attorney Calhoun perpetrate the fraud.

Judge Grubbs repeatedly refused to hear our improper party defenses and denied our federal due process rights, over the next few years. As a part of this defense, we were able to obtain an appointment as the sole ACC in the neighborhood, by the original developers. However, Judge Grubbs illegally ruled the developers sold their last lot in 1996, when the evidence showed they still owned some lots after the lawsuit was filed. The developer transferred the ACC to our corportion and my wife in order to create harmony in the neighborhood and preclude such frivolous and fraudulent litigation.

District Attorney Pat Head told us and some neighbors, that Judge Grubbs illegally discussed the LMHA suit at a Cobb Chamber of Commerce meeting with members of LMHA and the Chamber. Sworn affidavits documenting this are on file at the Cobb County Superior Court. This meeting took place prior to our trial. Judge Grubbs also discussed our case in the locker room of the Marietta Country Club. Of course, these ex parte communications and illegal public comments are in blatant violation of the Code of Judicial Conduct. Additionally, over the course of several lawsuits, Judge Grubbs has committed undisputed impeachable offenses well over 10 times. Yet, the Judicial Qualifications Commission refuses to act, due to Judge Grubbs' political connections. It appears, in Georgia, the fox is guarding the henhouse.

Judge Grubbs repeatedly refused to recuse herself, as required by law and made further improper and illegal public comments, assisted by Attorney General Thurbert Baker. At the kangaroo court trial , conducted by Judge Grubbs, she repeatedly ignored sworn testimony and the facts in evidence, and eventually ruled we had paid dues to LMHA (this NEVER happened), that we engaged in a contract with LMHA (this NEVER happened ), that we had violated County Code (in the face of County Official testimony that we had not violated Code and that the County Commission had voted UNANIMOUSLY that we had not), that we owned LMTHA and the ACC (the only true thing in the Final Order), that we must destroy the $25,000 fence, and that we must pay LMTHA (our OWN company) $34,000+ in legal fees plus 12% interest, which eventually totaled over $50,000.

Since 2005, Mr. Calhoun has illegally garnished approximately $10,000 of my wages using the names LMHA and LMTA. Notice, he did not garnish me using the names of the Plaintiffs who actually hold the fraudulent judgment against us! This makes the garnishments illegal. Under GA law, only a party that holds a judgment can garnish funds. However, Judge Pamela South (Gwinnett State Court) allowed this illegal THEFT of my wages. Additionally, Judge Grubbs herself authorized a garnishment of our checking account, using the wrong Plaintiffs' names. How can Judge Grubbs violate HER OWN ORDER???? Currently, in the Gordon County Superior Court, Mr. Calhoun has a pending garnishment action against a $43,000 account USING THE SAME 2 WRONG NAMES. We have filed a Traverse in that case and await a hearing . Hopefully, the Gordon County judge, as yet unassigned, will actually uphold the law. Time will tell. However, the Clerk of the Gordon County Superior Court violated the law in issuing the illegal Summons of Garnishment under the wrong names, even though Mr. Calhoun actually provided him with a Fi Fa showing what the names should be. Mr. Calhoun's Affidavit of Garnishment, however, constitutes perjury as in it he swore under oath the wrong parties hold a money judgment over us. Since, Judge Grubbs, DA Pat Head, and other friends of Mr. Calhoun are on the GA BAR Board of Governors, the BAR refuses to take punitive action against these BAR members who have repeatedly violated the law.

Additionally, Executive V.P. of North Georgia National Bank (NGNB), George Crowley, illegally gave Mr. Calhoun information regarding the existence of this $43,000 account. The reason I can say the information was illegally handed to Mr. Calhoun is we had a contract with NGNB wherein both parties agreed, as a condition of obtaining a mortgage, that information was considered attorney work product and non-discoverable. In fact, a notation to that effect is prominently shown on the very document Mr. Crowley handed to Mr. Calhoun. Mr. Crowley, who happens to be a Calhoun, GA City Councilman and has a son who is a lawyer, unilaterally violated that contract by giving the information to Mr. Calhoun. I have to wonder if there was some quid pro quo in this matter. Mr. Crowley was advised in this matter by Henry C. Tharpe, Jr. (of the Dalton, GA law firm of Sponcler & Tharpe, LLC). Mr. Tharpe, as an officer of the court, knows the garnishment is illegal, yet he wrote us saying NGNB is planning to hand over our money, because he holds a "valid summons of garnishment," when he knows the summons bears the wrong Plaintiffs' names. He has been provided a copy of Judge Grubbs' void order showing the correct names. In December, 2007, Mr. Crowley and Mr. Tharpe attended an illegal deposition, conducted by Mr. Calhoun with full knowledge that the Subpoena for the deposition bore the improper names of LMHA and LMTA. It was at this deposition that Mr. Crowley handed over our personal account information. Obviously, a post-judgment deposition may only legally be conducted in the name of the true parties to a lawsuit. In my opinion, the actions of Crowley, Calhoun, and Tharpe constitute RICO, Racketeering, Theft, and Conspiracy. Additionally, it is my position that Mr. Crowley's breach of contract has voided the entire mortgage agreement, in that the contract regarding the deposit account was a binding precondition for the loan. However, Mr. Crowley and Mr. Calhoun have each indicated foreclosure might be an avenue to be pursued, even though our farm was not a part of the lawsuit. It is also my opinion that Mr. Crowley's illegal actions have violated applicable federal banking laws, akin to the ongoing mortgage fraud investigations that constantly make the news. You might find it interesting that the President and CEO of NGNB is non other than David Lance, son of former Jimmy Carter Budget Director, Bert Lance. Certainly, you remember the scandal involving Mr. Lance at FNB. Bert Lance Affair Additionally, Mr. Crowley worked for Bert Lance at the former First National Bank in Calhoun, eventually rising to upper level management. Later he was in charge of the Calhoun branches of BB&T (which I believe acquired FNB). When Mr. Crowley retired from BB&T, he assumed his current position at NGNB.

We currently have the incarceration (alleged civil contempt) order under appeal at the GA Supreme Court, Case Number S08C0723, docketed December 26, 2007. Supreme Court Docket However, Judge Grubbs reportedly still plans to incarcerate us and send our children to DFACS. She has already forced us to leave our $565,000 home of 17 years for fear of our safety. Now, Mr. Calhoun is attempting to illegally take our farm and current home, although he does not have a lien pending against either property.

We have met with key Congressional members 3 times in the past year, and the Judiciary Committees of the House and Senate currently have the issue of due process violations (of us and about 1500 other citizens from numerous states) under advisement. Taffy Rice Article We are hopeful Congress will reestablish the Rule of Law.

Additionally, we can provide information about many other Georgia and US citizens who have suffered from similar due process violations, crimes, and illegally incarceration. All the while, the perpetrators of these crimes have been protected by government officials. Additionally, the mainstream media, such as yourselves, have refused to report these crimes. Georgia Attorney General Baker and his staff have protected the perpetrators of crime, even stooping so far as committing crimes against us themselves.

Thank you for your time, in reading this message. For more information on our story, please contact Taffy Rice. We would be glad to meet with you and provide evidence at your convenience. Please investigate and report this story!

Andy Rice

LtCol, USMC (Retired)
Federal Law Enforcement Officer

Ephesians 6:12

"For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places."


"In a time of universal deceit, telling the truth is a revolutionary act." George Orwell

"No man in the wrong can stand up against a fellow that's in the right and keeps on a-comin." Bill McDonald, Legendary Texas Ranger

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