AFFIDAVIT OR DECLARATION IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
I, Eliot I. Bernstein, am the petitioner in the above-entitled case. In support of my motion to proceed in forma pauper is, I state that because of my poverty I am unable to pay the costs of this case or to give security therefor; and I believe I am entitled to redress.
For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise.
INSERT FINANCIAL STATEMENT FROM COURT
List your employmenthistory for the past two years, most recent first. (Gross monthly pay is before taxes or other deductions.)
INSERT employment statement FROM COURT
List your spouse’s employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.)
INSERT employment statement FROM COURT
How much cash do you and your spouse have? Below, state any money you or your spouse have in bank accounts or in any other financial institution.
INSERT statement FROM COURT
List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings.
INSERT statement FROM COURT
State every person, business, or organization owing you or your spouse money, and the amount owed.
INSERT statement FROM COURT
State the persons who rely on you or your spouse for support.
INSERT statement FROM COURT
Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, or annually to show the monthly rate.
INSERT statement FROM COURT
Do you expect any major changes to your monthlyincome or expenses orin your assets or liabilities during the next 12 months? � Yes � No
If yes, describe on an attached sheet.
INSERT statement FROM COURT
Have you paid –or will you be paying –an attorney any money for services in connection with this case, including the completion of this form? � Yes � No
If yes, describe on an attached sheet.
INSERT statement FROM COURT
Have you paid –or will you be paying –an attorney any money for services in connection with this case, including the completion of this form? � Yes � No
If yes, how much? If yes, state the attorney’s name, address, and telephone number:
Have you paid—or will you be paying—anyone other than an attorney (such as a paralegal or a typist) any money for services in connection with this case, including the completion of this form? � Yes � No
If yes, how much?
If yes, state the person’s name, address, and telephone number:
Provide any other information that will help explain why you cannot pay the costs of this case.
I declare under penalty of perjury that the foregoing is true and correct. Executed on: ,2005
(Signature)
No. ______
In the Supreme Court of the United States
ELIOT IVAN BERNSTEIN – PETITIONER
vs.
THE FLORIDA BAR, et. al. — RESPONDENT(S)
ON PETITION FOR A WRIT OF CERTIORARI TO
FLORIDA SUPREME COURT
PETITION FOR WRIT OF CERTIORARI
ELIOT IVAN BERNSTEIN
10158 STONEHENGE CIRCLE
SUITE 801
BOYNTON BEACH, FLA33437
561-364-4240
QUESTION(S) PRESENTED
LIST OF PARTIES
[X ] All parties do not appear in the caption of the case on the cover page. A list of all parties to the proceeding in the court whose judgment is the subject of this petition is as follows:
TABLE OF CONTENTS
AFFIDAVIT OR DECLARATION IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
QUESTION(S) PRESENTED
LIST OF PARTIES
TABLE OF CONTENTS
INDEX TO APPENDICES
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
APPENDIX F
TABLE OF AUTHORITIES CITED
CASES
STATUTES AND RULES
OTHER
JURISDICTION
CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED
united states constitution
1.article 1, section 8, clause 8
2.amendment vi - right to speedy trial, confrontation of witnesses
3.amendment vii - trial by jury in civil cases
4.amendment xiv - citizenship rights
5.article 3 - the judicial branch - section 2 - trial by jury, original jurisdiction, jury trials
6.article 6 - the united states
florida constitution
7.section 8 - ethics in government
8.florida section 15- attorneys; admission and discipline
9.section 21 – access to courts
10.section 22 - trial by jury
11.section 24 - access to public records and meetings
12.section 8 - ethics in government
13.section 9 – due process
14.title v – judicial branch – chapter 38 – judges; general provisions – disqualification when judge party; effect of attempted judicial acts
15.suggestion of disqualification; grounds; proceedings on suggestion and effect
16.disqualification of judge for prejudice; application; affidavits; etc
17.other state (virginia, wisconsin, california), international treatises and foreign nations where crimes have been perpatrated
STATEMENT OF THE CASE
Introduction
jurisdiction of This Court in this matter and all related matters
1.time is of the essence to protect constitutionally protected rights under article 1, section 8, clause 8 of the united states constitution
2.patent office time of essence
3.time acts as conduit to further abuse of the legal system
4.time allows for further crimes perpetrated against the united states of america and foreign nations
a.united states patent and trademark office
b.united states copyright office
c.european patent office
d.japanese patent office
e.small business administration
f.department of state florida
g.department of state delaware
h.united states bankruptcy court
i.florida fifteenth judicial
5.obstructions of justice – denial of due process contributing to loss of invention rights
a.fifteen judicial florida – case #______
b.florida supreme court – the florida bar
c.new york supreme court and new york first department ddc and second department ddc
d.boca raton pd
e.fbi
6.national and international importance of the matters
7.no other court of law
REASONS FOR GRANTING THE PETITION
CONCLUSION
PROOF OF SERVICE
QUESTIONS FOR THE CLERK OF THE COURT – remove from final
INDEX TO APPENDICES
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
APPENDIX F
TABLE OF AUTHORITIES CITED
CASESPAGE NUMBER
Petitioner has cited no case law not as a matter of choice or ignorance of the laws, but for the reason of being able to find no such comparable case in the annals of man and law. Where this case will be shown to set case precedence in a multitude of instances.
STATUTES AND RULES
Including but not limited to all of the following and pending further information from ongoing investigations and investigations that are pending filing with several additional state, federal and international authorities.
THIS SHOULD LINK TO DOCINSERT TABLE FROM LIST OF CRIMES FOR FLORIDA AND LINKAGE FOR SECTIONS OF LAW – COMBINE WITH EXHIBIT 1 SECTIONS
THIS SHOULD GO IN APPENDIX B OR SOMETHING WITH THE REST PER THE RULES
florida state crimesError! Bookmark not defined.
I.FLORIDA conspiracy...... Error! Bookmark not defined.
TITLE XLIV - CIVIL RIGHTS Ch 760-765-760.01 the Florida Civil Rights Act of 1992. Error! Bookmark not defined.
760.51 Violation of constitutional rights, civil action by the Attorney General; civil penalty. Error! Bookmark not defined.
Title XLV – TORTS - Ch 772 CIVIL REMEDIES FOR CRIMINAL PRACTICES 772.103 Prohibited activities. Error! Bookmark not defined.
Title XLV TORTS - Ch 772 CIVIL REMEDIES FOR CRIMINAL PRACTICES 772.104 Civil cause of action. Error! Bookmark not defined.
Title XLV TORTS - Ch 772 CIVIL REMEDIES FOR CRIMINAL PRACTICES 772.11 Civil remedy for theft or exploitation. Error! Bookmark not defined.
Title XLV TORTS – Ch 772 CIVIL REMEDIES FOR CRIMINAL PRACTICES - 772.185 Attorney's fees taxed as costs. Error! Bookmark not defined.
II.FLORIDA RICO (RACKETEER INFLUENCED AND CORRUPT ORGANIZATION) ACT Error! Bookmark not defined.
CH 895 - OFFENSES CONCERNING RACKETEERING AND ILLEGAL DEBTS 895.01 "Florida RICO (Racketeer influenced and Corrupt Organization) Act. Error! Bookmark not defined.
895.03 Prohibited activities and defense...... Error! Bookmark not defined.
895.04 Criminal penalties and alternative fine.Error! Bookmark not defined.
895.05 Civil remedies...... Error! Bookmark not defined.
895.06 Civil investigative subpoenas...... Error! Bookmark not defined.
895.07 RICO lien notice...... Error! Bookmark not defined.
895.08 Term of RICO lien notice...... Error! Bookmark not defined.
III.CH 896 - OFFENSES RELATED TO FINANCIAL TRANSACTIONS 896.101 Florida Money Laundering Act Error! Bookmark not defined.
896.102 Currency more than $10,000 received in trade or business; report required; noncompliance penalties. Error! Bookmark not defined.
896.103 Transaction which constitutes separate offense. Error! Bookmark not defined.
896.104 Structuring transactions to evade reporting or registration requirements prohibited. Error! Bookmark not defined.
IV.VIOLATION OF PUBLIC OFFICES FLORIDA SUPREME COURT – case sc04-1078, FLORIDA BAR COMPLAINTS AGAINST MATTHEW TRIGGS, CHRISTOPHER WHEELER AND ERIC TURNER Error! Bookmark not defined.
PART III – CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES. Error! Bookmark not defined.
112.312 Definitions...... Error! Bookmark not defined.
112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys. Error! Bookmark not defined.
112.320 Commission on Ethics; purpose...... Error! Bookmark not defined.
112.324 Procedures on complaints of violations; public records and meeting exemptions. Error! Bookmark not defined.
112.3241 Judicial review...... Error! Bookmark not defined.
112.3173 Felonies involving breach of public trust and other specified offenses by public officers and employees; forfeiture of retirement benefits. Error! Bookmark not defined.
112.52 Removal of a public official when a method is not otherwise provided. Error! Bookmark not defined.
Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Ch 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS sec 112.317 Penalties. Error! Bookmark not defined.
CH 838 - BRIBERY; MISUSE OF PUBLIC OFFICE sec 838.022 Official misconduct. Error! Bookmark not defined.
CH 839 - OFFENSES BY PUBLIC OFFICERS AND EMPLOYEES sec 839.13 Falsifying records. Error! Bookmark not defined.
839.26 Misuse of confidential information....Error! Bookmark not defined.
title XLVI Ch 777 PRINCIPAL; ACCESSORY; ATTEMPT; SOLICITATION; CONSPIRACY sec 777.011 Principal in first degree. Error! Bookmark not defined.
Title XLVI Ch 777 sec 777.03 Accessory after the fact. Error! Bookmark not defined.
V.Florida trade secrets act...... Error! Bookmark not defined.
Title XXXIX COMMERCIAL RELATIONS Ch 688 UNIFORM TRADE SECRETS ACT. Error! Bookmark not defined.
Title XXXIX COMMERCIAL RELATIONS Ch 688 UNIFORM TRADE SECRETS ACT 688.003 Injunctive relief. Error! Bookmark not defined.
Title XXXIX COMMERCIAL RELATIONS Ch 688 UNIFORM TRADE SECRETS ACT 688.004 Damages Error! Bookmark not defined.
VI.florida TITLE XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS Error! Bookmark not defined.
Ch 495 REGISTRATION OF TRADEMARKS AND SERVICE MARKS sec 495.121 Fraudulent registration. Error! Bookmark not defined.
Title XXXIII Ch 495 sec 495.131 Infringement. Error! Bookmark not defined.
Title XXXIII Ch 495 sec 495.141 Remedies...Error! Bookmark not defined.
Title XXXIII Ch 495 sec 495.151 Injury to business reputation; dilution. Error! Bookmark not defined.
Title XXXIII Ch 495 sec 495.161 Common-law rights Error! Bookmark not defined.
559.791 False swearing on application; penalties Error! Bookmark not defined.
VII.florida PROTECTION OF TRADE SECRETSError! Bookmark not defined.
sec 812.081 Trade secrets; theft, embezzlement; unlawful Copying; definitions; penalty. Error! Bookmark not defined.
VIII.812.13 Robbery...... Error! Bookmark not defined.
sec 812.155 Hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence. Error! Bookmark not defined.
IX.CH 815 - COMPUTER-RELATED CRIMES.Error! Bookmark not defined.
sec 815.01 "Florida Computer Crimes Act”...Error! Bookmark not defined.
sec 815.04 Offenses against intellectual property; public records exemption. Error! Bookmark not defined.
sec 815.045 Trade secret information...... Error! Bookmark not defined.
sec 815.06 Offenses against computer users...Error! Bookmark not defined.
sec 815.07 This chapter not exclusive...... Error! Bookmark not defined.
sec 831.03 Forging or counterfeiting private labels; possession of reproduction materials. Error! Bookmark not defined.
sec 831.04 Penalty for changing or forging certain instruments of writing. Error! Bookmark not defined.
sec 831.04 Penalty for changing or forging certain instruments of writing. Error! Bookmark not defined.
sec 831.05 Vending goods or services with counterfeit trademarks or service marks. Error! Bookmark not defined.
X.FLORIDA - FORGERY...... Error! Bookmark not defined.
sec 831.01 Forgery...... Error! Bookmark not defined.
sec 831.02 Uttering forged instruments...... Error! Bookmark not defined.
sec 831.03 Forging or counterfeiting private labels; possession of reproduction materials. Error! Bookmark not defined.
831.04 Penalty for changing or forging certain instruments of writing. Error! Bookmark not defined.
831.05 Vending goods or services with counterfeit trademarks or service marks. Error! Bookmark not defined.
sec 831.06 Fictitious signature of officer of corporation. Error! Bookmark not defined.
XI.FLORIDA CH 817 - FRAUDULENT PRACTICES - PART I - FALSE PRETENSES AND FRAUDS, GENERALLY Error! Bookmark not defined.
CHAPTER 817 - SEC 817.02 Obtaining property by false personation. Error! Bookmark not defined.
817.025 Home or private business invasion by false personation; penalties. Error! Bookmark not defined.
sec 817.03 Making false statement to obtain property or credit. Error! Bookmark not defined.
sec 817.031 Making false statements; venue of prosecution. Error! Bookmark not defined.
sec 817.034 Florida Communications Fraud Act. Error! Bookmark not defined.
sec 817.05 False statements to merchants as to financial condition. Error! Bookmark not defined.
sec 817.06 Misleading advertisements prohibited; penalty. Error! Bookmark not defined.
sec 817.061 Misleading solicitation of payments prohibited. Error! Bookmark not defined.
sec 817.12 Penalty for violation of s. 817.11...Error! Bookmark not defined.
sec 817.15 Making false entries, etc., on books of corporation. Error! Bookmark not defined.
sec 817.155 Matters within jurisdiction of Department of State; false, fictitious, or fraudulent acts, statements, and representations prohibited; penalty; statute of limitations. Error! Bookmark not defined.
sec 817.19 Fraudulent issue of certificate of stock of corporation. Error! Bookmark not defined.
sec 817.20 Issuing stock or obligation of corporation beyond authorized amount. Error! Bookmark not defined.
sec 817.21 Books to be evidence in such cases.Error! Bookmark not defined.
sec 817.234 False and fraudulent insurance claims. Error! Bookmark not defined.
sec 817.562 Fraud involving a security interest.Error! Bookmark not defined.
CROSSBOW & DISTREAM – SECURED CREDIT – ATTEMPTED TRANSFER Error! Bookmark not defined.
sec 817.566 Misrepresentation of association with, or academic standing at, post secondary educational institution. Error! Bookmark not defined.
sec 817.567 Making false claims of academic degree or title. Error! Bookmark not defined.
XII.FLORIDA PERJURY...... Error! Bookmark not defined.
CHAPTER 837 – PERJURY...... Error! Bookmark not defined.
sec 837.02 Perjury in official proceedings.....Error! Bookmark not defined.
sec 837.021 Perjury by contradictory statements. Error! Bookmark not defined.
sec 837.05 False reports to law enforcement authoritieS Error! Bookmark not defined.
sec 837.06 False official statements...... Error! Bookmark not defined.
XIII.FLORIDA STATE TAX LAW - CHAPTER 220 - INCOME TAX CODE Error! Bookmark not defined.
CH 220 - iNCOME TAX CODE...... Error! Bookmark not defined.
220.21 Returns and records; regulations...... Error! Bookmark not defined.
PART X TAX CRIMES 220.901 Willful and fraudulent acts. Error! Bookmark not defined.
sec 220.905 Aiding and abetting...... Error! Bookmark not defined.
XIV.THEFT, ROBBERY AND misappropriation and conversion of funds Error! Bookmark not defined.
XV.FLORIDA LAW sec 812.081 Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty. Error! Bookmark not defined.
sec 812.035 Civil remedies; limitation on civil and criminal actions Error! Bookmark not defined.
XVI.FRAUD UPON IVIEWIT...... Error! Bookmark not defined.
FLORIDA LAW - Title XXXVI BUSINESS ORGANIZATIONS Ch 607 CORPORATIONS sec 607.0129 Penalty for signing false document Error! Bookmark not defined.
607.1402 Dissolution by board of directors and shareholders; dissolution by written consent of shareholders. Error! Bookmark not defined.
sec 607.0129 Penalty for signing false document Error! Bookmark not defined.
sec 607.830 General standards for directors...Error! Bookmark not defined.
sec 607.830 Director conflicts of interest.....Error! Bookmark not defined.
sec 607.0834 Liability for unlawful distributions Error! Bookmark not defined.
sec 607.0841 Duties of officers...... Error! Bookmark not defined.
sec 607.0901 Affiliated transactionsError! Bookmark not defined.
OTHER - THIS SHOULD LINK TO STATE, FEDERAL AND INTERNATIONAL EXHIBIT 1
FEderal cRIMESError! Bookmark not defined.
I.VIOLATION OF CONSTITUTIONALLY PROTECTED inventor RIGHTS – Article I, Section VIII, Clause VIII the united states constitution Error! Bookmark not defined.
ARTICLE I, SECTION VIII, CLAUSE VIII OF THE UNITED STATES CONSTITUTION Error! Bookmark not defined.
TITLE 18 PART I CH 13 Sec 241 Conspiracy against rights Error! Bookmark not defined.
TITLE 18 PART I CH 13 Sec 245 Federally protected activities Error! Bookmark not defined.
II.violation of the False claims act...... Error! Bookmark not defined.
TITLE 31. MONEY AND FINANCE SUBTITLE III. FINANCIAL MANAGEMENT CHAPTER 37. CLAIMS SUBC III. CLAIMS AGAINST THE UNITED STATES GOVERNMENT Error! Bookmark not defined.
III.ANTITRUST CIVIL PROCESS...... Error! Bookmark not defined.
SECTION 2 OF THE SHERMAN ACT: THROUGH A COURSE OF ANTICOMPETITIVE CONDUCT THAT MAINTAINED ITS PATENT POOL SYSTEM OF MONOPOLY Error! Bookmark not defined.
The Offense Of Monopolization...... Error! Bookmark not defined.
RELEVANT PRODUCT IN GEOGRAPHIC MARKET Error! Bookmark not defined.
MARKET STRUCTURE AND COMPETITIVE EFFECTS Error! Bookmark not defined.
THE NEED FOR PRELIMINARY RELIEF..Error! Bookmark not defined.
Systems Market in Violation of Section 2 of the Sherman Act Error! Bookmark not defined.
TITLE 15 CH 34 Sec 1312 Civil investigative demands Error! Bookmark not defined.
TITLE 15 CH 34 Sec 1313 CUSTODIAN of documents, answers and transcripts Error! Bookmark not defined.