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United States of America v. Oreplex Int'l

December 12, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
OREPLEX INT'L, LLC,
DEFENDANT.



The opinion of the court was delivered by: Allison Claire United States Magistrate Judge

ORDER AND FINDINGS & RECOMMENDATIONS

Before the court is plaintiff United States of America's November 21, 2012 motion for default judgment, requesting nullification and enjoinment of defendant's lien filings.*fn1

The court has determined that the matter shall be submitted upon the record and briefs on file and accordingly, the date for hearing of this matter shall be vacated. Local Rule 230. On review of the motion and good cause appearing therefor, THE COURT FINDS AS FOLLOWS:

FACTUAL ALLEGATIONS*fn1

A. False Lien Filed in 2004

On or before 2004, Internal Revenue Services ("IRS") Officer Gregory Gillen was assigned to collect an unpaid Trust Fund Recovery Penalty and secure unfiled tax returns from an individual named Mark L. Bryan. See Mot. for Def. J. at 1-2. On June 28, 2004, Bryan filed with the Secretary of State of the State of California a false Uniform Commercial Code ("UCC") Financing Statement, Filing Number 0418460134, in the amount of $477,546,696.00 against Revenue Officer Gregory Gillen and other current and former IRS employees, including (then) Commissioner Mark Everson, Michael Rockwell, John Tam, Bill Ryder, Thomas Matthews, and Stephanie Hart. On July 6, 2004, Bryan filed with the Secretary of State of the State of California a UCC Financing Statement amending the June 28, 2004 UCC Financing Statement.

The United States brought an action to expunge the false lien filing. The court entered judgment in favor of the United States, and entered an order stating that "Mark L. Bryan is permanently enjoined from filing, or attempting to file, any document or instrument which purports to create a lien or any other purported non-consensual lien or encumbrance against the person or property of the above named IRS employees or others who authorized and/or performed any act in connection with the assessment or collection of defendant's tax liabilities." See United States v. Mark L. Bryan, 2:04-cv-2363 WBS JFM PS (E.D. Cal. June 3, 2005), aff'd, 200 Fed. Appx. 680 (9th Cir. 2006).

B. False Liens Filed in 2009

On November 25, 2009, defendant Oreplex International, LLC ("Oreplex") filed with the Secretary of State for the State of California a UCC Financing Statement, Filing Number 09-7215376393, falsely describing as debtors the former Commissioner of the IRS Mark Everson and the following current and former IRS employees: Gregory Gillen, Michael Rockwell, John Tam, Bill Ryder, Thomas Mathews, and Stephanie Hart. Compl. ¶ 5, Ex. 1. This UCC Financing Statement lists Oreplex as the secured party, but notes that the "original Secured Party, Mark Linn Bryan, has acknowledged by Private Contract this refiling of Financing Statement and its assignment to Oreplex International." Id., Ex. 1.

Also on November 25, 2009, Oreplex filed with the Secretary of State for the State of California a UCC Financing Statement, Filing Number 09-7215382259, falsely describing as a debtor Scott McGregor, the former United States Attorney for the Eastern District of California who at all times relevant to this action was involved in litigation regarding the unpaid federal tax liabilities of Mark L. Bryan. Compl. ¶ 9. This UCC Financing Statement also lists as debtors individuals named "Diana Woodward Hagle et al.," Bill Lockyer, Patrick Dorias, and Patrick Kenady, all at the address of 1300 I Street, Suite 125, Sacramento, CA 94244-2550. Compl. ¶ 6, Ex. 2. These individuals are State of California employees who have been falsely described as debtors of Oreplex. This UCC Financing Statement lists Oreplex as the secured party, but notes that the "original Secured Party, Mathios: (sic) Zarefakis, has acknowledged by Private Contract the right of Oreplex International, LLC to refile original Financing Statement 04-12460788 as the holder in due course, Secured Party." Id.

C. False Lien Filed in 2010

On February 15, 2010, Oreplex filed with the Secretary of State for the State of California a UCC Financing Statement, Filing Number 10-7222855375, falsely describing as debtors Scott McGregor and Patrick Jennings, a Trial Attorney with the United States Department of Justice in Washington, D.C., who at all times relevant to this action was involved in litigation regarding the unpaid federal tax liabilities of Mark L. Bryan. Compl. ¶¶ 7, 9. This UCC Financing Statement lists Oreplex International, LLC as the secured party for an amount totaling $97,906,623,613.92. Compl. ¶ 7, Ex. 3.

PROCEDURAL BACKGROUND

In the complaint filed June 25, 2012, plaintiff alleges the UCC Financing Statements described above were filed by Oreplex in conjunction with Mark L. Bryan in retaliation for the acts performed by federal employees during the course of their official duties on behalf of the government. Compl. ΒΆ 10. The liens total billions of dollars and purport to encumber the real and personal property of Mark Everson, Gregory Gillen, Michael Rockwell, John Tam, Bill Ryder, Thomas Matthews, Stephanie Hart, Bill Lockyer, Patrick Dorias, Patrick Kenady, "Diana Woodward Hagle et al.," Scott McGregor, and Patrick Jennings. Plaintiff alleges these liens were intended to cause substantial interference with the enforcement of the laws ...


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