Wake Court Seizing Drivers Licenses Without Due Process of Law.
Report Wake Court to the IRS by email at SafeguardReports@IRS.gov.
Here’s a sample letter:
Sent by email and certified mail
IRS Office of Safeguards Director
Dear IRS Director of Safeguards:
The Wake County, North Carolina court is unlawfully seizing driver’s licenses without due process of the law, in violation of the 4th and 14th amendment of the United States Constitution which prohibit unlawful seizure of property without due process; and in violation of 18 USC §1028(a) – aggravated identity theft. The licenses, which contain federally protected identity and tax information, are not accounted for by Superior Court Clerk Lorrin Freeman as required by state and federal law.
When a person’s drivers license is seized it is frequently without probable cause because no probable cause hearing form exists to enforce North Carolina General Statute §15A-606 and because the Wake Court (Superior Court Clerk Lorrin Freeman and Superior Court Judge in Residence Donald Stephens) do not use court form AOC-CR-341 which mandates due process and defendant’s signature prior to seizure of a driver’s license. In addition, since no court form was ever created to allow a defendant to plead NOT GUILTY in the state’s district courts, many people are convicted unlawfully.
Once licenses are unlawfully seized by the Wake County Court, they are unaccounted for. Therefore, Freeman and Stephens are failing to protect and secure people’s federal tax information and identities.
The aggravated identity theft is compounded by the state police departments, including Morrisville and Raleigh police departments. The police unlawfully use the “ACIS” court computer system to identify people whose licenses were seized, and they camp outside your home hoping to catch you drive so they can collect an additional illegal fine and split it with a court clerk. (This happened to me and it continues to happen to a class of hundreds of other people who ever were, are and will be similarly situated).
The court (Freeman and Stephens) are guilty of aggravated identity theft for failing to protect people’s identities and federal tax information, and the Morrisville and Raleigh police departments are guilty of felony violations of the Comprehensive Crime Control Act of 1984 which prohibits profiting from data in a protected computer, and the Computer Fraud and Abuse Act (“CFAA”) 18 USC §1030 which also prohibits accessing and profiting from a protected computer and acting in excess of all jurisdiction).
The National Information Infrastructure Act (NIIA) was passed in 1996 to expand the CFAA to encompass unauthorized access to a protected computer in excess of the parties’ authorization. After NIIA was passed, it became illegal to even view information on a computer without authorization. All 100 county police departments have unlawful access to the ACIS court computer system, so a thorough IRS audit can potentially recover several hundred thousand dollars for the U.S. Treasury.
An agency’s failure to follow statutory/regulatory requirements with respect to safeguarding FTI may jeopardize an agency’s continued access to FTI. Unauthorized accesses to and disclosures of FTI in an agency’s possession could lead to civil and criminal penalties.
Penalties are therefore due to the IRS by the following parties:
- Wake Court Superior Court Clerk Lorrin Freeman
- Wake Court Superior Court Judge-in-Residence Donald Stephens
An IRS investigation and audit of the Morrisville and Raleigh police departments’ use of the “ACIS” court computer system will help curb their unlawful profits and identify fines due to the IRS.
This crime should be a priority for the IRS because it impacts a class of hundreds or even thousands of people and it has occurred for many years, as far back as 1980, when the ACIS court computer system was implemented statewide in NC, and because significant fines can be collected for profiting from a protected computer under CFAA.
Additionally, the IRS has authority to Seize and Forfeit Assets – driver’s licenses unlawfully collected by the Wake County Court.
The authority to seize property subject to forfeiture under any provision of Title 26 is granted to the Secretary of the Treasury in 26 USC §7321. The Secretary’s authority is then delegated to the Commissioner of Internal Revenue Service in Treasury Order 150-10. Delegation Order 9-1, Seizure and Forfeiture of Personal Property further delegates seizure authority to special agents.
Sincerely;
YOUR NAME
Enclosures: Table of Exhibits/Discovery and proposed charges.
Order to Surrender License (AOC-CR-341): This document is not being used and needs to be. Without use of this document, the court can seize a person’s driver’s license unlawfully and unconstitutionally, depriving the 14th amendment right to due process and unlawful seizure of property, a violation of the 4th amendment.
The procedures for agency notification of intent to enter into an agreement to make disclosures of FTI are as follows:
Proper notification is a letter, on agency letterhead over the head of agency’s signature that provides the specific information below and is sent to:
Director, IRS Office of Safeguards and sent in electronic format to SafeguardReports@IRS.gov.
- name and address of contractor/Wake Court
- name, address and phone number of agency point of contact – Lorrin Freeman/Donald Stephens
- type of service covered by the contract
- brief description of agency procedures for oversight of contractor access, storage and destruction of FTI
- brief description of agency procedures for oversight of contractor disclosure awareness training and incident reporting
- description of FTI to be disclosed to the subcontractor, if applicable
- contract number and date awarded
- period contract covers, e.g. 2003-2008
- number of contracted workers
- name of agency program contractors support
- description of FTI disclosed to contractor
- brief description of the work performed by contractor
- description of any phased timing of work performed by the contractor and how access to FTI and work may change during the different phases
- location where work is performed: contractor site or at agency
- brief description of how data will be secured if it is moved out of the secure agency location
- statement as to whether subcontractor(s) have access to FTI
- name and address of subcontractor(s), if applicable
- brief description of the work performed by subcontractor(s)
- location where work is performed by subcontractor(s).
- brief description of how data will be secured if it is moved out of the secure agency location
After receipt of an agency’s request IRS will send an acknowledgement along with a reminder of the requirements associated with the contract.
Contracts in local field offices are also bound by these provisions. For example, if auditors in a field office shred the FTI used for their work, then the contract for the vendor who removes that shredding must contain the Publication 1075 language. Agencies are also required to ensure that contractors (and any authorized subcontractors) meet confidentiality requirements that protect all FTI to the same level required of the Agency. This includes ensuring that contractors and subcontractors conduct disclosure and safeguards training.
Re-disclosing FTI by State tax agencies may be made to contractors but only to the extent necessary and only for the specific use for which the agency is statutorily authorized to receive the FTI. Treasury Regulation 301.6103(n)-1 requires that agencies notify the IRS prior to executing any agreement to disclose to such a person (contractor), but in no event less than 45 days prior to the disclosure of FTI. See Section 5.4 of IRS Publication 1075, Access to Federal Tax Information via State Tax Files or Through Other Agencies, for additional information. Further disclosure by contractors without written approval by the IRS is prohibited.
Publication 1075 is the first source for agencies to locate:
- the contract language (Exhibit 7, see below) required for contracts involving the redisclosure of FTI
- the standards for safeguarding FTI from unauthorized use, access, and disclosure which must be conveyed to and adhered to by a contractor granted access to or possession of FTI
- the reporting requirements and oversight responsibilities of an agency with respect to its contractors
