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Success! Permission obtained for protest

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After several weeks of getting the run around from Kentucky officials, and then being told he could only protest in an obscure location inside the football stadium, Harry Young, an 80 year old black farmer from Owensboro, Kentucky has received permission to protest at the main entrance to Kentucky State University in Frankfort, Kentucky November 15, 2007 beginning at 10AM.  The protest coincides with a farm conference being held at the university. 

Background: Young’s farm was sold in a contested auction 2 years ago.  USDA officials say he failed to pay on a farm loan in 25 years.  Young has signed documents disputing the fact.  Document irregularities and denial of access to documents for legal Discovery abound in this case.

The main issue of the protest: the possibly illegal sale of the farm, which has been in his family for more than a century and the presence of coal reserves on the land—those coal reserves are valued as high as $750,000,000. The land was sold at auction for around half a million dollars in 2005, a price which is less than one per cent of the value of the coal reserves on the property.

Young has filed a class action lawsuit in the case  4:06 cv 138-M and has since filed a misconduct case against the federal judge in the case.  Additional legal issues were delineated in the class action, violations which include:

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At issue: Young contends that there is a major discrepancy between loans applied for and loan disbursement (monies received). At the heart of this case are the following legal issues:
1. He never received the funds from the loan that his farm was
liquidated over, and that he has receipts from the FSA County Supervisor
showing the amounts he paid
2. That there is a pattern of documentation abuse by FSA employees
which, is backed by documentation from the Inspector General's Office of
the USDA
3. That this pattern of documentation and procedural abuse includes
the following:
A. Delaying loan disbursement so late into the planting season that the farmer's yields are reduced B. Using the result of
reduced yields to further reduce amount of future farm loans, thus putting
the farmer in a downward spiral of reduced yields, reduced loans and
bankruptcy
C. That FSA
employees/agents have diverted loans meant for farmers for personal gain (Inspector
General's report)
E. The fabrication of false
debt and the wrongful taking of land was based on the fabricated debt
4. The complaint charges the USDA and its agents/employees of FSA with
the following:

A. Restraint of Trade B. Racketeering (per federal
RICO Statutes)
C. Wrongful taking by Fraud
and Injury
D. Discrimination and
Reprisal
E. Criminal Fraud F. Arbitrary and unlawful
taking
G. Reprisals

H. Violation of the rule of
law, including depraved indifference resulting in Wrongful death and
Suicide
I. That FSA employees
engaged in activities which generated a major conflict of interest because,
as loan servicing agents, they received bonuses for foreclosing on delinquent
farmers, which conflicted with their duties to impartially service farm
loan accounts.
5. Young contends that the above and other actions violate the 4th
Amendment of the Constitution, as well as the following federal statutes:
the USC Administrative
Procedures Acts:

Fair Debt Collection Act Civil Rights Act of 1964 Equal Access Act 28 USC
2412
Sherman Act (Restraint of
Trade)
Fair Credit Reporting Act Consumer Credit Protection
Acts and
the Sunshine Act

Young maintains a website: http://www.geocities.com/kaintuckfarmer

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Take action -- click here to contact your local newspaper or congress people:
Document Audits for all FSA offices must be mandatory

Click here to see the most recent messages sent to congressional reps and local newspapers

http://www.lulu.com/davis4000_2000

Wanna be member of the anti-word police, author, columnist, activist and muckraker extraordinaire. Author of:

Land, Legacy and Lynching: Building the Future for Black America

Urban Asylum: Politics, Lunatics and the Refrigerator (more...)
 

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Stories like this only re-emphasize what we alread... by J D on Tuesday, Nov 6, 2007 at 1:29:00 PM
The write your representative/senator is an excell... by M. Davis on Wednesday, Nov 7, 2007 at 5:44:57 AM