Bizarre attorney-in-fact filing in Filho criminal case
With his DFRF Enterprises Ponzi empire in ruins and a criminal court case looming, Daniel Filho has brought in the big guns.
Well, he’s brought in something… but to what end we’re not sure.
In an affidavit filing by self-styled attorney-in-fact Lynn Schmaltz, a number of amusing demands are made.
For those unfamiliar with the term, an attorney-in-fact
is authorized to perform business-related transactions on behalf of someone else (the principal).
In order to become someone’s attorney in fact, a person must have the principal sign a power of attorney document.
This document designates the person as an agent, allowing him or her to perform actions on the principal’s behalf.
Schmaltz claims she was
instructed by the General Executor for the Patricia Lynn Kennedy Schmaltz Estate to make (a) Special Appearance on behalf of the Estate and Trust and the Trust(‘s) contact with Daniel Fernandes Rojo Filho and DFRF Enterprises.
The exact nature of the Patricia Lynn Kennedy Schmaltz Estate is unclear but, with the mention of a trust agreement, it seems DFRF Enterprises Ponzi funds were likely funneled through it.
Schmaltz is evidently upset about interference ‘with (the) confidential contract between Trust and DFRF‘.
Verbatim, Schmaltz accuses the FBI and DOJ of
- acting as executor for the Estate without authorization
- acting as trustee for the Trust without authorization
- interfering with confidential contract between Trust and DFRF
- acting against DFRF, Daniel Fernandes Rojo Filho and the Trust without properly disclosing grant of authority
- utilizing Trust information in the Ponzi scheme and conspiracy case for corporate employees of a publicly-traded, for-profit corporation to kidnap Daniel Fernandes Rojo Filho and hold him until he ‘agrees’ under threat of duress with allegations presented in said case
- interfering with a contract between the Trust and DFRF causing harm and injury to DFRF, Daniel Fernandes Rojo Filho and the Trust and its beneficiary(s)
- acting with unclean hands
- acting in bad faith
- breaching estate trust laws and fiduciary duties
- breaching the Golden Rule of Law
Despite the court itself not recognizing Schmaltz titled affidavit as such, he (she?) asserts that the DOJ and FBI having thus far failed to respond to the allegations above, means they ‘have agreed with all the facts‘.
Designating herself as ‘the only one with the qualifications to order the following’, Schmaltz demands the Massachusetts court (verbatim)
- discharge (the) case immediately and no later han 2:00PM EST November 10, 2015 and provide evidence to declarant (Schmaltz) and Daniel Fernandes Rojo Filho by no later than November 14, 2015
- release Daniel Fernandes Rojo Filho and permanently from the holding facility and provide Daniel Fernandes Rojo Filho with all expenses paid trip provided by United States District Court District of Massachusetts court/administrator’s funds to his home town in Florida including first class airfare on a flight scheduled within no more that (sic) four hours of his release, to deliver Daniel Fernandes Rojo Filho in a timely manner to accommodate departure procedures at the airport and to provide a minimum of two US Marshals for protecting and providing further safety and well-bring of Daniel Fernandes Rojo Filho from the release facility to his home
- allow Daniel Fernandes Rojo Filho to immediately order the liquidation of the assets (gold) that the U.S. government has in the briefcase of Daniel Fernandes Rojo Filho with the proviso that the appropriate US government entity(s) can keep the gold, liquidate the Case and place the liquid amount of USD $134.4 billion the DFRF account at Citibank with specific instructions that the account is immune from piracy and punitive actions by any court, government, bank, or other publicly traded, for-profit, corporation or employees/independent contractors for said corporations and provide evidence to Declarant (Schmaltz) and Daniel Fernandes Rojo Filho by no later than November 14, 2015
- that any and all alleged FBI investigations, SEC investigations state Attorney General, US Department of Justice and/or any other investigative or regulatory corporations of Daniel Fernandes Rojo Filho and DFRF Enterprises LLC to cease immediately and permanently
- that a global settlement from the proper agents/agencies is signed with Daniel Fernandes Rojo Filho and DFRF Enterprises LLC that allows the settlement with members holding DFRF Enterprises accounts and provide evidence to Declarant (Schmaltz) and Daniel Fernandes Rojo Filho by no later than November 14, 2015
- that all outstanding warrants allegations, alleged felony charges and any other similar records against Daniel Fernandes Rojo Filho are expunged immediately and permanently and provide evidence to Declarant and Daniel Fernandes Rojo Filho by no later than November 14, 2015
- that full immunity is granted immediately and permanently to Daniel Fernandes Rojo Filho from punitive and injurious actions by any corporate or quasi government agents and/or agencies and provide evidence to Declarant and Daniel Fernandes Rojo Filho by no later than November 14, 2015
- that those who committed kidnapping, barratry, false claims, indictments, slander and conspiracy against Daniel Fernandes Rojo Filho are held accountable and prosecuted to the full extent of the law and provide evidence to the Declarant and Daniel Fernandes Rojo Filho by November 14, 2015
Schmaltz claims that the above demands are made in accordance with the ‘Golden Rule of Law, Pactum de Singularis Caelum and the Canons of One Heaven‘.
Schmaltz signs off the affidavit with
Attorney-in-Fact as declarant gives her solemn oath and vow to her Divine Creator that the facts contained herein are true and correct to the best of her knowledge and understanding.
As Dclararant and Attorney-in-Fact I declare this affidavit is my testimony given under solemn oath and vow to the Divine Creator on Time Space: E1:Y3:A62:S4:M22:D1, near Red Lodge, Montana and held in the Estate Manor Records as Register No.: 100003-140865-140005.
Seriously, what fucking planet are these lunatics living on?
I could go on about the craziness of the demands, but the single biggest point of hilarity for me was the notion that $134.4 billion dollars worth of gold was found in Filho’s briefcase.
The current spot price of gold per kg is $34,481. To be worth $134.4 billion dollars, Filho’s briefcase would have had to have had 3.8 million kilograms of gold in it.
That’s some huge-ass briefcase.
Evidently, Daniel Filho is part of some weird-ass religious cult who believe they can go around telling US courts what to do. Who knew?
Included with Schmaltz filing is a “live borne record”, which I’ve reproduced below:
Each page of the affidavit, which is repeated a number of times in the forty-five page filing, also bears “The Great Seal Of The Patricia Lynn Kennedy Schmaltz Estate”:
My guess is that these are top DFRF affiliates who, to put it lightly, are upset about it being shut down.
Justifying their actions and the scheme itself as per whacky religious laws, they somehow now think a US court is going to do likewise.
Well, November 14th has come and gone and Filho is still in custody. The SEC’s civil case against Filho and DFRF Enterprises continues, as does the DOJ’s criminal case.
What response, if any, Judge Saris gives Schmaltz’s letter to the court remains to be seen.
Footnote: Our thanks to Don@ASDUpdates for providing a copy of Lynn Schmaltz’s November 17th filed letter to the court.
lynn schmaltz should wait patiently for the Divine Creator to descend from its perch in Time Space to spank the FBI and DOJ properly. how dare they ‘kidnap’ the Divine Creators littlebaby filho!
yeah lynn schmaltz, wait for it! and please file some more loony affidavits while you wait for it, even judges need to laugh.
some guy called ryan smith claims he has met daniel filho and brings this message:
so, filho will singlehandedly create 1 million jobs by 2016!
no wonder lynn schmaltz has ordered the court to set filho free immediately!
google ‘Lynn Schmaltz sovereign citizen’ for all you need to know.
So, he was in a cult – who knew?
But for this lawyer-nutter the court should order a psychiatric evaluation.
all beer-swilling braggadocio hotshots better keep clear of wild lynnie at least till judge saris figures a way to throw her ass back in jail.
The same batshit crazy stuff was used in ASD, specifically the “barratry” stuff, quoting “Maritime Law”, and other moronic nonsense about filing liens on judges, US Marshals, etc.
Some of those who filed these UCC Liens are siting in a federal prison; tell me again how our laws do not apply to you as a sovereign!
Kenneth Wayne Leaming is in prison right now, also a “sovereign” who ran his own police force complete with fake badges and made up license places and drivers licenses.
There is no end to what these guys will try to circumvent actual laws. Here’s a link to his crap on my website (asdupdates.com/wordpress/?s=leaming)
And then I looked up “Pactum de Singularis Caelum”, aka “Covenant of One Heaven” and did not stopped laughing as I read this drivel.
Apparently, existing in the universe makes one exempt from any and all laws, and specifically having or exhibiting nominal intelligence.
Oops, forgot to mention Leaming sent an invoice to the Feds, demanding 30,000 troy ounces of 99.99% pure silver as payment for his “indenture” sitting in jail.
Guess how well that turned out.
And a previous “Public Policy UCC Invoice” was sent to the federal Judge for “operating a slavery system, unlawful detainment, unlawful restraint, enforcing judgement of a “court”, and enforcing instrument of a forclosed entity”.
For these horrid actions by the US legal system aimed at him and orchestrated to impinge his personal liberty, he demanded 208,000 ounces of 99.9% pure fine silver.
At today’s prices, that’s over $2.926 million.
WTF, this is that “sovereign citizen” crap. It’ll be laughed out of the court.
we should start a ponzi, well call it “FREEDOM” and well sell affiliations to the “sovereign citizen” society, and well give them sovereign ID’s and well make them purchase monthly education packages on “how to be a sovereign citizen’ and be free of the human shackles.
well charge them a hefty entrance because after that. you are free and no rules apply, the gates of heaven are open, so it will be the last investment you’ll ever make.
welcome to “FREEDOM”
Ms. Schmaltz hasn’t been sane in either the legal sense or the medical sense for well over a decade.
A few searchs on her name, with or without the “kennedy” makes her seem to be in the Michael Howard Reed class of delusional.
Its likely she did this filing on her own, and Daniel may not know anything about it.
To be an “Attorney in Fact” you have file the power of attorney, signed by the “client” with anything you file, which she hasn’t, and I doubt she even has one.
She’s not upset Danny is in jail as much as she’s upset that he took her money before going there and didn’t pay her back before getting caught.
That has to be some of the most outrageously funny stuff I have read in a long time.
As Whip would say -> … Wacky scammers …
Poor gal doesn’t even realize the Freemasons are the ones really pulling the strings
Yours sincerely, my reason I write is to know when he will sign the document the prosecutor?
At the prompt response
The court is unlikely to take Schmaltz’s letter seriously.
It’s a bit of light relief.
OZ – thanks a lot for the JOKE, laughed pretty hard here.
Seems that the Judge has more paper to clean the toiled. What a waste of time, and all the pantheon fake gods of crap meh meh meh.
Even if this is a religions shit crap “organization” it is ponzi as was previously.
Unless the jerks of the investors now wanted to claim they donate the money to Filhos ass. (^that’s even more surreal).
Some top investors are freaking up, while they claim “I believe in you, and I sold your “product”” – #pitiful #asshole
In total despair Mr. Daniel Filho will invoke a “Harbea corpus”, LOL if that fails probably we will have a “Habemus Papam” hahahaha
It’s not only a bizarre attorney, it’s a bunch of bizarre people trying to fool around.
This is not a joke, it’s simply hilarious. *applause*
#DFRF: Joint Interim Status Report, USA v Filho
Pursuant to LR 116.5(a), the parties report as follows:
1. The United States produced automatic discovery to the defendant on October 29, 2015. Additional materials were produced on December 2, 2015, December 23, 2015, and December 31, 2015. No discovery requests are pending.
2. The United States has made the remaining electronic material seized pursuant to the warrants in this matter available for inspection and has further offered to provide copies
of the material to the defense upon provision by the defense of a computer drive with adequate storage capacity.
3. No additional discovery requests are pending.
4. The Court issued a protective order in this case on October 15, 2015.
5. No motions under Fed. R. Crim. P. 12(b) are contemplated.
6. The parties have already agreed to exchange any expert disclosures thirty (30) days prior to trial.
#LOL -> 7. The defendant does not intend to pursue defenses of insanity, public authority, or alibi.
8. The Court set an interim status conference for January 7, 2016, and all time has been excluded through that date.
9. The parties have had preliminary discussions concerning a pretrial resolution of this matter and will continue those discussions. The United States estimates that trial in
this matter will take approximately two weeks.
10. The parties respectfully request one additional interim status conference to allow the defendant time to review the discovery produced in this matter.
As per the case docket (January 8th, 2016):
If you believe that you may be a victim of this case, please send a message to the following email address USAMA.VictimAssistance@usdoj.gov
Perhaps, is Daniel trying to pass the impression he is “insane” and therefore receive an alternative punishment ?
Like being held in a medical hospital for long term treatment? Would that stick ?
The latest status report specifically rules out an insanity defense.
Every one of you, criticizing “Lynn,” are incompetent (to say the least.) Have a listen to ‘Lynn’ on some of the UCADIA talkshoes…
(Ozedit: Snip. Spare us the sovereign citizen bullshit please.
Also if your shoes have started to talking, might be time for a trip to the doctor. Or psychiatrist, just saying.)
These people tarnish the good name of UCADIA Ecclesia Foundation by associating their selves with it as an excuse to get away with breaking the law.
I’m the registered agent of the unincorporated nonprofit association known as UCADIA Ecclesia Foundation in North Carolina.
Much of the blame rests on the founder Frank O’Collins who for some strange reason misrepresented the religious material as fundamentalist or extreme. My guess is that it is the only way he could receive donations.
I’ve applied for the trademark with the USPTO and took control over the religious organization. I do not endorse this type of behavior that is demonstrated above.
I really don’t understand who folks are having a hard time grasping the material. It’s as if it only appeals to their foolish side and not their objectively reasonable side.
What the lady did above idms not condoned by me and I’m the religious head of the society.
Rejected, Null and Void! You committed a breach of the law, whatever office you claimed was lost the moment you intended to take what was not yours to take. Agent de son tort.