Harvey v. United States

• Decision Date: 20 August 2020
• Docket Number: No. 20-229C,20-229C
• Parties: MICHAEL HARVEY, Plaintiff, v. UNITED STATES, Defendant.
• Court: U.S. Claims Court

MICHAEL HARVEY, Plaintiff, v. UNITED STATES, Defendant.

No. 20-229C

United States Court of Federal Claims

August 20, 2020

Pro Se Plaintiff; Motion to Dismiss; Subject Matter Jurisdiction; Failure to State a Claim; Alleged Contract; Alleged Arbitration; Ratification; Tort; Criminal Conduct.

Michael Harvey, pro se, Woodsville, MS.

Reta E. Bezak, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, D.C., for defendant. With her were Franklin E. White, Assistant Director, Commercial Litigation Branch, Civil Division, Robert E. Kirschman, Jr., Director, Commercial Litigation Branch, Civil Division, and Ethan P. Davis, Acting Assistant Attorney General, Civil Division.

OPINION

HORN, J.

Pro se plaintiff Michael Harvey filed the above-captioned case in the United States Court of Federal Claims, seeking to enforce a purported arbitration award in favor of plaintiff which allegedly arose from an alleged contractual agreement between plaintiff and the United States. Plaintiff also seeks to correct his political status and nationality from citizen to foreign national, to recover estates allegedly held in trust, to "recover monetary values per terms of the contract," to remove "all Notices of Federal Tax Lien and Levy from all public recording offices and negative reporting of every kind and cease in any withholding from paycheck," and to claim exemption from federal tax liability. In response, defendant moved to dismiss plaintiff's complaint pursuant to Rule 12(b)(1) (2019) of the Rules of the United States Court of Federal Claims (RCFC) for lack of jurisdiction or pursuant to RCFC 12(b)(6) for failure to state a claim upon which relief may be granted.

FINDINGS OF FACT

According to plaintiff's complaint, on or about July 1, 2019, Mr. Harvey drafted "a written, self-executing, irrevocable, binding contractual agreement which included an arbitration clause,"¹ allegedly with the United States and several other individuals and entities. Plaintiff claimed: "I acting on my own behalf and on behalf of the US citizen choose not to enter or engage in contract unless it's under my terms." It does not appear that the United States was a party to or was consulted prior to the issuance of the contract by plaintiff. In the alleged contract, plaintiff names as defendants the United States Attorney General, the Internal Revenue Service, the Louisiana Attorney General, the Commissioner of the Louisiana Division of Administration, and Hancock Whitney Bank. The alleged contract is signed by none of these parties. Plaintiff asserts that he "has taken meaningful steps to establish his identity as a man, an American State National, non-taxpayer, foreign to U.S. jurisdiction." Mr. Harvey included the following "terms" in his alleged contract:

You are to provide proof of claim as to the following, failure to provide proof of claim with specificities supported by evidence, facts and conclusions of common-law, shall result in an automatic forfeiture of all rights, privileges, immunities, and constitute a willful waiver and consent to the terms and conditions of this presentment in its entirety by the party failing to respond with specificity to each and every proof of claim/point of averment/question raised herein, creating estoppel as a result of tacit acquiescence.

According to plaintiff, the alleged contract provided 10 calendar days for defendants to respond and stated:

My terms are spelled out within the body of this instrument, if you should except those/these terms in their entirety without exception and/or amendment and or augmentation, then we shall proceed. If you choose not to accept the terms of this contract, then you have subjected my person, my interests, my estate, my assets, my property to involuntary servitude, which is illegal in all venues within the borders of the United States of America, a crime for which it is punishable by imprisonment and a fine, and restitution for damage done. This shall serve as notice upon yourself and upon the agents acting in agreement and in conspiracy with you to accomplish the ends for which you presume justify the means. This shall serve as a notice upon yourself and upon the agents acting in agreement and in conspiracy with you to accomplish the ends for which you presume justify the means. You are held liable under the terms of arbitration specified herein, arbitration is an administrative remedy that has not been exhausted as yet, a remedy that remains available to my person, to my interests, to my estate, with reference my property.

The alleged contract further indicated:

Acceptance of your offer is contingent on the aforementioned and your rebutting each and every one of the proof of claim herein, point by point with facts and conclusions of the law of the land, original jurisdiction, common law, and that I and my property and my Interest are to be considered and held fully indemnified against any and all consequences as this agreement entered into is without recourse on my behalf and interest.

The alleged contract included an arbitration clause which stated:

IV. ARBITRATION- AN ADMINISTRATIVE REMEDY COGNIZABLE AT COMMON-LAW

10000. ADDITIONALLY it is exigent and of consequence for the Undersigned to inform Respondent(s), in accordance with and pursuant to the principles and doctrines of "clean hands" and good faith," that by Respondent(s) failure and or refusal to respond and provide the requested and necessary Proof of Claims raised herein above and thereby; and it shall be held and noted and agreed to by all parties, that a general response, a nonspecific response, or a failure to respond with specificities and facts and conclusions of common law, and or to provide the requested information and documentation that is necessary and in support of the agreement shall constitute a failure and a deliberate and intentional refusal to respond and as a result thereby and or therein, expressing the defaulting party's consent and agreement to said facts and as a result of the self-executing agreement, the following is contingent upon their failure to respond in good faith, with specificity, with facts and conclusions of the common-law to each and every averment, condition, and/or claim raised; as they operate in favor of the Undersigned, through "tacit acquiescence," Respondent(s) NOT ONLY expressly affirm the truth and validity of said facts set, established, and agreed upon between the parties to this Conditional Acceptance for Value and counter offer/claim for Proof of Claim, but Respondent(s); having agreed and consented to Respondent(s); having agreed and consented to Respondent(s) having a duty and obligation to provide the requested and necessary Proof of Claims raised herein above, will create and establish for Respondent(s) an estoppel in this matter(s), and ALL matters relating hereto; and arising necessarily therefrom;

and,

10001. In accordance with and pursuant to this agreement, a contractually (consensual) binding agreement between the parties to this Conditional Acceptance for Value and counter offer/claim for Proof of Claim to include the corporate Government Agency/Department construct(s) whom Respondent(s) represents/serves; as well as, ALL officers, agents,employees, assigns, and the like in service to the Respondent(s) will not argue, controvert, oppose, or otherwise protest ANY of the facts already agreed upon by the parties set and established herein; and necessarily and of consequence arising therefrom, in ANY future remedial proceedings(s)/actions(s), including binding arbitration and confirmation of the award in the Court of the United States of America at any competent court under original jurisdiction, in accordance with the general principles of non-statutory of Arbitration, wherein this Conditional Acceptance for the Value/Agreement/Contract no. MHH-BC-119-117-6200799A-FNICX-316071505-PSPAX-693391393© constitutes an agreement of all interested parties in the event of a default and acceptance through silence/failure to respond when a request for summary disposition of any claims or particular issue may be requested and decided by the arbitrator, whereas a designated arbitrator shall be chosen at random, who is duly authorized, and in the event of any physical or mental incapacity to act as arbitrator, the Undersigned shall retain the authority to select any neutral(s)/arbitrator(s) that qualify pursuant to the common law right to arbitration, as the arbitration process is a private remedy decided upon between the parties, and with respects this agreement, the defaulting party waives any and all rights, services, notices, and consents to the undersigned and or the undersigned's representative selection of the arbitrator thereby constituting agreement, and any controversy or claim arising out of or relating in any way to this Agreement or with regard to its formation, interpretation or breach, and any issues of substantive or procedural arbitrability shall be settled by arbitration, and the arbitrator may hear and decide the controversy upon evidence produced although a party who was duly notified of the arbitration proceeding did not appear; that the Undersigned deems necessary to enforce the "good faith" of ALL parties hereto within without respect to venue, jurisdiction, law, and forum the Undersigned deems appropriate.

. . .

10002. Further, Respondent(s) agrees the Undersigned can secure damages via financial lien on assets, properties held by them or on their behalf for ALL injuries sustained and inflicted upon the Undersigned for the moral wrongs committed against the Undersigned as set, established, agreed and consented to herein by the parties hereto, to include but not limited to: constitutional impermissible misapplication of statute(s)/law(s) in the above referenced alleged Commercial/Civil/Cause; fraud, conspiracy (two or more involved); trespass of title, property, and the like; and ALL other known and unknown

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