The FBI petitioned the Minn Dist Court to issue an appropriate Order to halt any monetary vanishing acts and to assure that no documentation was destroyed.
Having been given the rare opportunity to handle one, if not, "The" largest fraud in Minn history, Her Honor Montgomery stepped off the realm of reason and issued an Order to appoint a Receiver of the Petters assets.
Violating Constitution procedures, specifically the Federal Rules of Civil Procedure (Fed R C P) that grants the power to appoint a receiver, without having a defacto client - Her Honor Montgomery dictated herself as Queen Supreme and appointed Douglas Kelly as a Receiver.
The only finding of fact or conclusion of Law that the Queen of dictates deemed necessary appropriate to justify this unusual seizure was a remark upon Fed R C P 65(c) - a Statue that solely addresses injuctions and restrainging Orders.
Fed R C P 65(c) stipulates (c) Security "The Court may issue a preliminary injuction or restraining order only if the [movant] gives security in an amount equal to sustain any loss or damages that may be incurred by any party restrained.
As if the efforts in manifest injustice of seizing and granting Kelly the ability to sell, file bankruptcy or otherwise to Mr. Kelly were not enough - Her Honor Montgomery, clearly out of her league and seeing no boundries to her Queenship went straight into the Twilight Zone and stipulated in Her Order of October 6 2008 - that Mr Kelly would be granted the wonderful "get out of culpability card" of Judicial Immunity.
On Page 9 of Her Honor's Order under !V. Receivership - Section A - Appointment of Receiver - within the very first paragraph - Her Honor stipulates that
"The Receiver [Douglas Kelly] shall solely be the agent of this Court in acting as Receiver under this Order and shall have Judicial Immunity" --
There - in simple black n white, under the guise of a TRO, that stipulates (mind you) it is an "ex parte" restraining endeavor - Her Honor has simply tossed out the Constitution of the United States - snubbed her nose at Congress and the American people and "seized" the day in a manner equal to those of our American Revoluationary times.
One can only wonder what is next? For Petters has plead not guilty!
One has to wonder what a person can do. If Petters really harmed parties to the tune of $3 billion and all the assets are liquidated before they can appoint any honorable administrator - what sort of recourse can there be.
Just this week parties, realizing the "fix is in" akin to the eToys debacle - are seeking recourse in other jurisdictions - as if Her Honor Montgomery has not done enough already - she issued a restraint against all litigations anywhere for sixty (60) days.
It would seem the effort to set a precedent to seize, liquidate and grant Judicial Immunity "ad hoc" is not enough for Her Honor - so the effort to do anew continues!
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