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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: 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
Take action -- click here to contact your local newspaper or congress people: 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 Woman Contributing editor: (works in progress) Red, Black, Brown & Green: Ethnic People and the Move to Economic Self-Suficiency Screaming Doors (novel)
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