of

Study of Terry E Johnson Esq as an instrument of bailee Robert F McDermott’s
theft of
syndicate name funds on reserve in the matter of Shannon v Shannon 

March 19 2018 1630 GMT

Terry E Johnson Esq

Partner

von Briesen & Roper SC

411 E Wisconsin Ave #1000

Milwaukee WI 53202

+1.414.221.6605

tjohnson@vonbriesen.com 

Important: Only Terry E Johnson knows whether he was converted to acting as an instrument of Robert Francis McDermott’s fraud to steal the syndicate name reserves that had been instituted on August 17 1984 in the matter of Shannon v Shannon..  No person should infer from my relating of the facts of the matter that there is an accusation that Terry E Johnson Esq was a witting accessory to Robert F McDermott’s crime.  But - and however: it is my suspicion that Terry E Johnson Esq knew that all was not well.  Johnson’s own ultra-willing blindness to the theft that was occurring right before his very own eyes is perhaps best explained by Upton Sinclair:

Terry Johnson’s present day best chance is to be true to himself and to open his own mind to an investigation of his conduct.


On August 17 1984, natural person bailee Robert Francis McDermott learned that he was required by the standards of the insurance industry to set aside and reserve $5,000,000 from the syndicate name several liability deposits at the unincorporated insurance syndicate United Services Automobile Association [1] to provide for Christen Michaela Shannon’s lawsuit that was certain to follow.

The insurance industry must work to recognize the liabilities of those it indemnifies at the earliest possible moment.

Robert Francis McDermott was the unincorporated insurance syndicate manager for the unincorporated insurance syndicate which was organized as a Texas reciprocal interinsurance exchange.

While there are no canonical foundation documents for the reciprocal interinsurance exchange - as the reciprocal interinsurance exchange is unincorporated:  Robert Francis McDermott, the notional attorney-in-fact, bailee of the syndicate name good faith upfront deposits and canonical syndicate manager had in his physical possession this certificate of authority to operate an unincorporated insurance syndicate organized as a Texas reciprocal interinsurance exchange:

Certificate 5130 dated January 4 1969, pro Robert F. McDermott.

In 1984, the mechanics of calculating litigation reserves at McDermott’s was  bailiwick of Robert Francis McDermott’s captive actuary

Alice Hardy Gannon

215 Atwater Drive

San Antonio TX 78213

+1.830.980.3025

Alice Hardy Gannon

Senior Vice President & Chief Actuary (1977 thru January 2015 )

United Services Automobile Association

9800 Fredericksburg Road

San Antonio TX 78288

+1.210.531.8722

https://www.linkedin.com/in/alice-gannon-1874997/ 

Upon information and belief, Actuary Gannon is complicit in Robert Francis McDermott’s  fraud.


Core principles and legal thinking
which ground my Information

  1. Natural person syndicate manager Robert Francis McDermott and his personal attorney Terry E Johnson Esq knew that Christen Michaela Shannon  [b 5.17.1981  -   d 3.10.1997:  15 years, 9 months, 21 days excluding the date of death ] was injured in her 3rd year and first month and on the fourteenth day of her infancy - on July 1 1984.
  2. On November 4 1985, natural person syndicate manager Robert Francis McDermott and his personal attorney Terry E Johnson Esq knew that Christen Michaela Shannon would not live beyond July 1 1993 - the 10th anniversary of her injury:  
  3. Natural person syndicate manager Robert Francis McDermott and his personal attorney Terry E Johnson Esq knew that the measurable liability of the syndicate names only began on May 17 1999 - Christen Michael Shannon’s 18th birthday:  Christen Michael Shannon would already have been dead for more than 6 years.
  4. As it was, Christen Michaela Shannon lived 4 years longer than she was supposed to:  she died May 10 1997.

Using USAA RN Janed Herring’s professional opinion and standard mortality tables - at 1984 interest rates and in 1984 - Robert Francis McDermott could have purchased in an exogenous reinsurance transaction a $20,000/month annuity for Christen Michaela Shannon for less than $1,000,000 in cash.

Since Robert Francis McDermott had reserved $5,000,000 from the deposit accounts of the ~1,000,000 USAA syndicate names who were supplying their personal several liability on the July 1 1984 (the day Christen was injured):  what possible better outcome was there for all parties than to settle with Christen and to return $4,000,000 to the syndicate names who ante’s up the $5,000,000 in the first place.


Shannon v Shannon

Draft of text for footnote citation

Case No. 89-CV-012750; Circuit Court, Milwaukee County, State of Wisconsin


Exhibit “_”:  Steve Schultz’ August 17 1984 letter to his attorney-in-fact and the bailee of his syndicate name deposit with the unincorporated insurance syndicate United Services Automobile Association.

Exhibit “_”:  USAA RN Jane Herring’s November 4 1985 letter


Hon Maxine A White
Chief Judge - District 1
Milwaukee County Courthouse
901 N 9th St Rm 609
Milwaukee WI 53233-1425
+1.414.278.5116
fax:  +1.414.223.1264
chiefjudge.firstdistrict@wicourts.gov

Holly B Szabloewski
Roveta L Edwards

http://county.milwaukee.gov/Courts/ChiefJudge.htm 

https://www.wicourts.gov/contact/docs/circuitdistricts.pdf


Bauer

Hillary M Staff (spoke to)

Clerk’s Office, Madison

Supre

Presiding Judge Paul F. Reilly
Court of Appeals – District II
2727 N. Grandview Blvd. Suite 300
Waukesha WI 53188-1672

https://www.wicourts.gov/contact/docs/appeals.pdf 


https://www.wicourts.gov/courts/appeals/judges/neubauer.htm 

Extrinsic and intrinsic fraud .  .  .  

Human nature informs us that the most likely originator of a report as to Fraud Upon the Court [2] is likely to be an outsider.

The this relator, who is not a member of the court as a body, asks the senior administrators of the the Wisconsin court systems, Federal, State Appellate, and State District to accept my report on its face as prima facie true:  and for either the senior-presiding judge or the chief administrative judge for each court as a body to fix an appropriate mechanism for an internal trial upon the facts.

And it is relator’s request that the instructions for the trying person ask for these findings:

Did Terry E Johnson Esq  [TEJ Esq], whether wittingly or not, taint the court as a body in the matter of Shannon v. Shannon.  Yes or No.

And;

Should the court as a body relieve that parties of the judgements.  Yes or No.


This report describes TEJ Esq’s fatal tainting of the judicial proceedings that took place in the Wisconsin Federal, appellate and District courts over the period 1983 - 1997.

The court was tainted by TEJ Esq’s making an appearance for a party that was not a real party in interest.

TEJ Esq appeared for the syndicate names at the unincorporated  insurance syndicate United Services Automobile Association [the insurance syndicate]  [3] .

United Services Automobile Association is at all times an unincorporated  insurance syndicate organized as a canonical unincorporated reciprocal interinsurance exchange.

As an insurance syndicate - United Services Automobile Association does not have a separate legal existence.

As an insurance syndicate - United Services Automobile Association is never more than a contention bearing on a syndicate name.

The utering party in any formal legal contention bearing on a  syndicate name at the insurance syndicate  United Services Automobile Association is a very special person - the syndicate names attorney-in-fact.

On July __ 1983, the attorney-in-fact for the notional defendants in Shannon v. Shannon was a natural person, Robert F McDermott who had physical possession of Texas Department of Insurance Certificate 5130 dated January 4 1969 (amended 31 March 1978):

Certificate 5130 dated 31 March 1978, Robert F. McDermott

Certificate 5130 as amended had been later granted to Robert F McDermott by this March 31 1978 TDI order.

March 31 1978 finding which notes certificate 5130 dated February 4 1969.
This is presumptively Robert F McDermott’s first C of A.

In 1983, the above two documents:

  1. The 1968 TDI Certificate of Authority # 5130 granting natural person Robert F McDermott the authority to operate an  unincorporated  insurance syndicate organized as a canonical unincorporated reciprocal interinsurance exchange;
  2. The 1978 TDI order # 78-1060 amending Certificate of Authority # 5130.

were the only two foundation documents bearing on the unincorporated  insurance syndicate United Services Automobile Association.

nb:  while the people associated with the present day operation of the insurance syndicate at 9800 Fredericksburg Road in San Antonio TX will jump up and down saying that what they do is sort of a corporation - it is not.  Before he was duck-walked out of 9800 Fredericksburg Road in November 2007, the then reigning attorney-in-fact Robert G Davis induced NYS Supreme Court Judge (for Nassau County) Robert Roberto to jail me for incessantly pointing out on Wikipedia that  United Services Automobile Association is an unincorporated  insurance syndicate.  The 2007 attorney-in-fact Robert G Davis was duck-walked out of the insurance syndicate headquarters because the pilot/captain of the syndicate name’s flight (an elegantly appointed Gulfstream G5) reported (upon information and belief)  that Davis was having oral sex in the back cabin with his $600,000/year EVP mistress - Dawn Johnson.  Davis and his mistress had commandeered the G5 to overfly the California wildfires and to “fuck-over” the members while their houses burned.

The topography of the management of a contention involving liability of a syndicate name to an exogenous at the unincorporated  insurance syndicate United Services Automobile Association is very simple.

It proceeds just as any other insurance claim litigation except for one unique and very telling twist:  Tuck v USAA [4] .  Any action against a syndicate name at the unincorporated  insurance syndicate United Services Automobile Association may not proceed in a Federal District Court;  and must proceed in a State Court of competent jurisdiction.

 


That the real party in interest make the appearances in a judicial contention is sacrosanct to the whole process of justice.

When a real party in interest caches himself, and through counsel [Terry E Johnson Esq [5]], deceives the court as to the interests in the matter before the court; that is fraud upon the court  [6] .  Where a party who is not real as to the interests is pushed forward as a species of strawman - that is particularly reprehensible.

The dense evidentiary trail supports a conclusion that Terry E Johnson Esq had ample and perhaps complete scienter that his client’s interests were corrupt: which will be laid out in ample detail below.

Fraud Upon the Court is a curious animal as the laity can have nothing to do with the either the charging or the prosecution.  But the laity can probably bring the information - which I do herein

I ask that my information be taken as prima facie true; and that the appropriate officers of the court immediately institute the appropriate proceedings.

If it is proved that the court was defrauded in the matters generally known as Shannon v. Shannon and Shannon v. Schutz:  then the statutes may not have run and the matter should be reopened for additional relief.  The parties entitled to relief (inter al.) are:

  1. The estate of Christen Michael Shannon
  2. The estate of James P Shannon
  3. Edith Ann Rachel Shannon
  4. Christen’s 3 sisters

We must call a spade a spade.  And we must be disabused of our own instinctive inferences.

And certain truths about USAA (qua USAA, a Texas association) must be faced up to.

USAA is a cult.  Comparing the Wikipedia articles on USAA and The Church of Scientology supplies the proof. Both institutions can be measured by the gallon of of Kool Aid that get drunk.

I begin by supplying the standard names for the things and acts that take place at 9800 Fredericksburg Road.


The real party interest in Shannon v. Shannon and Shannon v. Schultz was charlatan and criminal Robert Francis McDermott.

Robert Francis McDermott was the instigator, promoter and syndicate manager of the unincorporated insurance syndicate United Services Automobile Association  [7]  [8].  This insurance syndicate is at all times organized as a reciprocal interinsurance exchange:  viz. Article I Section 1 of the putative ByLaws.

Robert Francis McDermott was also the bailee of the canonical insurance company surplus at the reciprocal interinsurance exchange: which is made up of the millions of dollars of several liability deposits of the syndicate names.


To disabuse the court and all other persons and entities of their incorrect inferences - It is also constructive to say what USAA is not.

  1. USAA is not a corporation.
  2. USAA is not a Texas non-profit association
  3. United Services Automobile Association has no separate legal existence.
  4. Robert Francis McDermott was neither a trustee nor a prudent man:  he was a bailee.


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[1] United Services Automobile Association; NAIC # 25941; FEIN  74-0959140; TDI Company Number 14-86800; Current TDI Certificate of Authority  [CofA]  # 14585 granted on April 2 2008.

Unlawfully commenced inter-insuring by receipt of a syndicate name's deposit against a reciprocal contract on either June 20 or June 22 1922. First one year license (expired February 28 1926) to commence inter-insuring by reciprocal contract granted on or slightly before March 23 1925 (two and nine years after USAA's unlawful 1922 "receipt of a first deposit from a "syndicate name".

[2] Bulloch v. United States 763 F.2d 1115 (1985)

[3] United Services Automobile Association; NAIC # 25941; FEIN  74-0959140; TDI Company Number 14-86800; Current TDI Certificate of Authority  [CofA]  # 14585 granted on April 2 2008.

Unlawfully commenced inter-insuring by receipt of a syndicate name's deposit against a reciprocal contract on either June 20 or June 22 1922. First one year license (expired February 28 1926) to commence inter-insuring by reciprocal contract granted on or slightly before March 23 1925 (two and nine years after USAA's unlawful 1922 "receipt of a first deposit from a "syndicate name".

[4] Tuck v. United Services Automobile Ass'n, 859 F.2d 842 (10th Cir. 1988)

[5] Terry E Johnson Esq
Partner
Peterson, Johnson & Murray SC
|788 N Jefferson St - STE 500
Milwaukee WI 53202|+1.414.278.8800
fax:  +1.414.278.0920|tjohnson@vonbriesen.com

[6] Bulloch v. United States 763 F.2d 1115 (1985)

[7] United Services Automobile Association; NAIC # 25941; FEIN  74-0959140; TDI Company Number 14-86800; Current TDI Certificate of Authority  [CofA]  # 14585 granted on April 2 2008.

Unlawfully commenced inter-insuring by receipt of a syndicate name's deposit against a reciprocal contract on either June 20 or June 22 1922. First one year license (expired February 28 1926) to commence inter-insuring by reciprocal contract granted on or slightly before March 23 1925 (two and nine years after USAA's unlawful 1922 "receipt of a first deposit from a "syndicate name".

[8] History of the bailees at the USAA severalty, an unincorporated insurance syndicate organized as an reciprocal inter-insurance exchange:  Robert Frances McDermott (ca 1968 - August 31 1992); Robert T Herres (August 31 1992 - March 31 2000); Robert G Davis (March 31 2000 - February 1 2008); USAA Reciprocal Attorney-in-Fact Inc (February 1 2008 thru present.). Additionally, Josue Joseph Robles Jr was a de facto bailee of the severally liable deposits from 1992 until 2012. Aso:  Laura Ann Mahan Bishop, the putative CFO of the insurance syndicate and simultaneously the Chairman, CEO, Treasurer and Secretary of the juris attorney-in-fact has also been the explicit bailee of the severally liable deposits which are the property of the syndicate names for the period February 1 2008 thru to the present.