FIRST AMENDED MILLER ACT NOTICE
FOR FEDERAL WORKS PROJECTS 40 U.S.C. §3131 ET SEQ.
BY LEADER TECHNOLOGIES, INC. & MICHAEL T. MCKIBBEN
April 23, 2019 (“Effective Date”)
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ORIGINAL CONTRACTOR:
The United States Chief Executive Donald J. Trump, and his predecessors William J. Clinton, George W. Bush and Barack H. Obama (the “Executive”)
The White House
1600 Pennsylvania Avenue NW
Washington, D.C. 20500
THE CLAIMANT:
Leader Technologies, Inc.
Michael T. McKibben, Founder, Chairman and Inventor (the “Claimant” or “Leader”)
P.O. Box 224
Lewis Center OH 43035
(614) 890-1986 office
(614) 864-7922 fax
THE SURETY:
Surety bonds are presumed to have been provided to the Executive by the various public-private supplier-beneficiaries of Claimant’s properties (the “Surety”)
HIRING PARTY:
James P. Chandler, III, National Security Advisor, President William J. Clinton; Principal, The Highlands Group, the Department of Defense (DoD) Office of Net Assessment; Chief Contractor Agent for the Executive, National Infrastructure Assurance/Advisory Councils (NIAC); Principal, The Chandler Law Firm Chartered, PLLC; and, Andrew W. Marshall, Richard P. O’Neill, Principals, The Highlands Group, the Department of Defense (DoD) Office of Net Assessment; and the Defense Advanced Research Projects Agency (DARPA), Anthony J. Tether, Director (the “Hiring Party”)
13702 Gulliver Trail
Bowie MD 20720
chandlerlawfirm@gmail.com
D.C. Bar ID: #270686
AMOUNT AND ACCOUNTING OF CLAIM:
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TOTAL VALUE OF ALL SERVICES PROVIDED:[1]
Historical Claim:
$40 billion (this is a substantial compromise from President Trump’s recent estimated value in excess of $3.5 trillion from just 22 organizations, all of whom use and benefit from Claimant’s property.) [2]
Forward-Looking After-Tax Fee Claim:
Government to collect $184 billion per year Fee (pre-tax) from bond holders on 7.7 billion people @ $2/month who use Claimant’s property as users of mobile, user-generated social, school, federal, state and local employees. Claimant to receive after-tax balance of the Fee during the life of the intellectual properties, including derivative works. Source: U.S. Census Bureau.
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PAYMENTS, CREDITS AND OFFSETS:
$ 0.00
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BALANCE UNPAID, AND AMOUNT OF CLAIM:
$40 billion (one-time) (as of Effective Date) (Compromise proposed. Does not reflect the full historical value of Claimant’s property used.)[3]
Net After-Tax Fee on $184 billion per year, collected by the government from bond holders for annual forward-looking license Fee for use of Claimant’s property for the full life of the properties, incl. derivative works.
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DATE SERVICE LAST FURNISHED:
Benefits accrue continuously to Original Contractor and bond holders.
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THE PROPERTY AND/OR PROJECT SUBJECT TO THE CLAIM:
Claimant’s property is “social networking” and related software intellectual property operating continuously on computers and servers in literally billions of locations in the United States and offshore.
Claimant’s original Tier I Miller Act Notice was received by the White House on July 28, 2017 at 4:09 am. Claimant investors began sending in their individual Tier II notices subsequently. This document is Claimant’s FIRST AMENDED MILLER ACT NOTICE FOR FEDERAL WORKS PROJECTS 40 USC §3131 ET SEQ that contains material new corroborating evidence.
Citizen Property Rights Must Be Protected From Abuses Of Government Power
America’s Founders knew that a vibrant economy must protect and incentivize real inventors and writers to grow. The U.S. Constitution Article I, Section 8, Clause 8 (“[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”) protects patents and copyrights and is the only property right actually written in the Constitution.
The Founders also forbade the government in Article I, Section 9, Clause 3 from issuing a contract, then quashing it later under the color of law. These fundamental principles of property protection have been reaffirmed numerous times.
For example, James Madison said in Federalist No. 44: “Patent rights receive protection pursuant to public contracts between inventors and the federal government, acting on behalf of the people.” Chief Justice John Marshall affirmed in Fletcher v. Peck. 10 US 87 (1810) that the government cannot rescind a contract once awarded. Subsequent Patent Office manuals reinforced this fundamental Constitutional principle: “A Patent is a Contract.” Manual of Patent Law (1874), A Summary of the Law of Patents (1883). Courts, especially since The America Invents Act (September 16, 2012), have suspiciously avoided having to acknowledge Fletcher’s protection of patent contracts when confiscating patents for the military-industrial shadow government.
Nonetheless, the protections of Fletcher are not even needed here since the confiscation of Leader’s inventions occurred while they were protected trade secrets in February 2000.
In short, this First Amended Miller Act Notice is a contract claim, not a patent claim. The patent claims only further reinforce the validity and value of the contract. In this case, the government believed Leader’s innovations were so valuable that the government stole them in February 2000, almost seven years before issuing a first patent for them—U.S. Patent No. 7,139,761—on Nov. 21, 2006.[4]
Therefore, the damages accrue to Leader from the first moment of disclosure to James P. Chandler, III (“Chandler”). Chandler was then a White House Advisor. He was also a Principal of The Highlands Group within the DoD Office of Net Assessment. He also became Leader Technologies’ intellectual property attorney. Any argument against Leader’s claims here using the convolutions of the Leader v. Facebook patent infringement trial (District of Delaware, July 2010, see fn. 21) are a smokescreen to deflect attention away from the actual date of the theft, which was their theft by Chandler as trade secrets ten years earlier in February 2000.
Hindsight shows that Facebook was just one of many co-conspirators with Chandler, the United States Defense Department’s Highlands Group, Andrew W. Marshall, Director, within the Office Net Assessment and IBM, among others.
Claimant’s valuable trade secrets were stolen starting in February 2000. The value and benefits of this intellectual property have been affirmed by the U.S. Patent and Trademark Office who has issued multiple patent contracts subsequently. The federal government used and distributed these inventions to countless billions of individuals and organizations without compensating Claimant.
In early 2000, Claimant and his investors sought out a highly-regarded Washington, D.C. patent legal counsel in law professor James P. Chandler, III.[5] Claimant relied on his legal advice after sharing Claimant’s innovations with Chandler. Claimant paid substantial fees to protect its trade secrets and subsequently filed copyrights and trademarks as well as patents, most of which were eventually awarded by the government.
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Pieczenik: “Exceedingly powerful”
However, Chandler failed to disclose his material conflict of interest before agreeing to be Claimant’s intellectual property attorney. Chandler failed to disclose to Claimant at the time of their first meeting in February 2000 that he was a principal in an “exceedingly powerful”[6] clandestine shadow government organization operating within the Senior Executive Service (SES) named the U.S. Department of Defense Office of Net Assessment. This office was directed by Andrew W. Marshall and Richard P. O’Neill, along with the Defense Advanced Research Projects Agency (DARPA) directed by Anthony J. Tether.
Marshall has been paid by the Senior Executive Services (SES) within the DoD Office of Net Assessment since the inception of the SES on Oct. 13, 1978.[7]
The Office of Net Assessment has employed Richard P. O’Neill as its CEO in a secret organization named “The Highlands Group” that hosted regular no-notes think tank “forums” comprised of senior military, defense contractors, banking, finance, healthcare, technology and academic insiders to evaluate promising new technologies that could be weaponized.[8] Chandler participated in these meetings with O’Neill, Marshall and Tether, and actually led some of them.[9]
An eyewitness to the leadership of Chandler in the shadowy Highlands Group / Department of Defense Office of Net Assessment has come forward. This person attended numerous meetings of the Highlands Group led by Chandler, Marshall, O’Neill and Tether from 1981 to January 2005.[10] Notably, in one October 1991 meeting, Chandler’s belligerence and abuse of the participants drove over half of the 47 participants, including senior military officers and defense contractors, to leave the all-day meeting at noon.[11] Those who know Chandler recognize this highly abusive character trait born of intellectual haughtiness and an air of invincibility.
Dr. Steve R. Pieczenik, a former senior psychologist at the U.S. State Department and C.I.A., said recently that Chandler’s Highlands Group / Office of Net Assessment colleague Andrew W. Marshall wrote unremarkable papers for the Rand Corporation (Tr. 3:30) and that he was “a Machiavellian individual” (Tr. 4:1) who “fellated everybody above him so he could get into power” (Tr. 4:1-2). Pieczenik said Marshall was “deeply involved with Mossad” (Tr. 3:12-13) (treason) and the author of the neoconservative strategy for continuous war promoted by Henry Kissinger (Tr, 3:18).[12]
In this evidently lawless shadow government context, Chandler essentially treated Claimant not as an American inventor with Constitutional rights to his inventions, but as an enemy combatant whose intellectual property the government had some superior right to confiscate without compensation—much in the same way that President Roosevelt confiscated over 50,000 patents in World War II, and much in the same way we see the British company SERCO overseeing (stealing) patents at the U.S. Patent Office today.[13]
Chandler gave Claimant’s property of social networking to a group of “public-private” Highlands Group co-conspirators with whom Chandler, Marshall, O’Neill and Tether were associated within the shadow government. They did this without any notice, approval or compensation to Claimant. Evidence shows that these Highlands Group contracts were noncompetitive and therefore illegal since they represented a fascist approach to vendor selection.
In February 2000, the Hiring Party, James P. Chandler, III entered into contracts with Claimant to provide legal, director and other services[14] that resulted in, among other things, the registering of trademarks, copyrights and the award of U.S. Patent Numbers 7,139,761,[15] 7,925,246[16] and 8,195,714.[17] Chandler was also then a senior national security advisor to the White House, Congress, Judiciary, IBM and intelligence community (e.g., FBI, NSA, CIA, DoD, DOJ, DoE, NRO, DHS, IBM), the Office of Net Assessment and the Highlands Group, among others.
Chandler is well known or reasonably believed to have collaborated with numerous members of the political, legal and intelligence communities in this work, including, but not limited to Former FBI directors Louis Freeh,[18] Robert S. Mueller, James B. Comey; Rod J. Rosenstein; Andrew D. Goldstein; Preetinder Bharara; Eric H. Holder, Jr.;[19] Loretta E. Lynch; Williams & Connolly LLP;[20] Gibson Dunn LLP,[21] Fenwick & West LLP; Weil Gotshal LLP;[22] Skadden Arps, LLP; Cooley Godward LLP; White & Case LLP; Orrick Herrington LLP; Blank Rome LLP, Perkins Coie LLP, Latham & Watkins LLP; Cravath Swaine LLP,[23] Mayer Brown LLP; Hillary & Bill Clinton; John D. Podesta;[24] Directors of the CIA, NSA. DNI and National Security Advisors since 1993 through the Obama Administration; the Federal Circuit Court of Appeals;[25] Federal Circuit Bar Association,[26] American Bar Association,[27] FISC (“The FISA Court”); In-Q-Tel principals, their banker/underwriters and funded companies; National Venture Capital Association (NVCA); the Judicial Conference;[28] the national laboratories; and The Clinton Foundation.
At a minimum, the above-mentioned individuals, organizations and their principals should be excused from involvement in any investigations and decision making about Claimant’s claim and compensation because of the appearance of impropriety. Further citations will be supplied upon request. Claimant reserves the right to supplement this list of names and entities.
Chandler to Leader (2000): “You have over 60 patentable inventions”
Chandler received detailed proprietary information about Claimant’s invention properties for which he initially estimated that there were “over 60 patentable inventions.” The industry now calls Claimant’s inventions “social networking.”
Chandler failed to disclose to Claimant his conflicts of interest and his material involvement with a “shadow government”[29] to which he was/is a key advisor and principal.
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![FirstAmended-Miller-Act-Notice-Figure-2-On-Jun-8-2000-James-P-Chandler-III-and-Kelley-E-Clements-in-Leader-engineer-meeting[1]](https://i0.wp.com/aim4truth.org/wp-content/uploads/2019/04/firstamended-miller-act-notice-figure-2-on-jun-8-2000-james-p-chandler-iii-and-kelley-e-clements-in-leader-engineer-meeting1.jpg?resize=980%2C479&ssl=1)
Chandler: Constitutional Takeover “Coup” (post-Patriot Act) using Claimant’s stolen networking invention stolen by the federal government via IBM Eclipse Foundation
Notably, just one day earlier, on Aug. 28, 2002, Chandler had met with Montgomery County, Maryland development officials on behalf of himself, IBM, the Patent Office and classified intelligence agencies (he specifically mentioned the CIA)[33] about acquiring a 30,000 sf. facility for their plans that his notes described as “coup.” David J. Kappos was then chief inside intellectual property counsel at IBM and an advisor to Chandler. (In 2009, Kappos was appointed director of the Patent Office by President Barack Obama.) Claimant had no knowledge of this attorney-client and directorial misconduct. This evidence emerged from attorney notes that Chandler had misplaced.
IBM aided and abetted the Chandler theft with a $40 million “donation”
The IBM Eclipse Foundation was formed on Nov. 29, 2001 with a $40 million “donation” from IBM.[34] Through Eclipse’s members, Claimant’s property was distributed to and adopted widely by the bond holders under the moniker of “The Internet of Things.”[35] Indeed, the genesis of this plan was the Highlands Group and the DoD Office of Net Assessment where Chandler was a principal. His material involvement has been long suspected and was recently confirmed by whistleblowers cited herein.
Chandler’s reference to a “coup” in his notes is prescient given the recently-released Mueller Report showing that members of the State Department, Department of Justice, C.I.A., NSA, Obama White House, FBI, mainstream propaganda media, Privy Council, GCHQ, SERCO, MI-6 were actively engaged in a coup d’état against Donald Trump even before he announced his candidacy. Evidence shows that the same shadow government actors, supported by Chandler, relied on Claimant’s social networking invention to press their seditious plans.[36]
U.S. State Department Egregious Abuses of Claimant’s Property Rights
On or before Sep. 26, 2009, Secretary of State Hillary Clinton entered into a secret agreement with Facebook and its Russian executive Dmitry Shevelenko to build a “template for winning elections.” This was the first of many subsequent secret GSA contracts.[37] This occurred during the pendency of the Leader v. Facebook patent infringement trial and was evidently obstructing justice in Claimant’s efforts to protect its intellectual property rights and values. In addition, the State Department began promoting use of Facebook worldwide making it impossible for Claimant to operate without government interference.[38]
The Original Contractor’s use of Claimant’s property is ongoing and global in scope. The Hiring Party facilitated use of Claimant’s property throughout a multitude of government agencies and private organizations, including but not limited to:
- Suppliers to Executive Orders 13130 (July 14, 1999) National Infrastructure Assurance Council (NIAC), 13231 (October 16, 2001) National Infrastructure Advisor Council (NIAC) and their progeny, up to and including Executive Order 13708 (September 30, 2015) which expires on September 30, 2017 (unless renewed by the Executive), among others. These orders give the Executive full authority to satisfy this claim. The Hiring Party had material influence and control over the execution of these executive orders, directly and through surrogates.In fact, the NIAC uses the “Government’s procurement power to encourage information technology suppliers to develop cybersecurity framework-compliant hardware and software.”[39] In other words, the Executives, namely Presidents Clinton, Bush and Obama, with the assistance of the Hiring Party, forced broad use of Claimant’s property by the bond holders. See also Endnotes [i] and [ii] Individual and Organization beneficiaries of Claimant’s property; [iii] for sources.
- Some of the more notable federal government beneficiaries of Claimant’s property include, but are not limited to, Departments of State, Justice, Treasury, Homeland Security, Defense, Energy, Interior, Education, Transportation, Commerce, Agriculture; Census Bureau, Central Intelligence Agency (CIA); Board of Broadcasting Governors; Internet Corporation for Assigned Names and Numbers (ICANN); National Security Agency (NSA); National Security Staff (NSS); Securities & Exchange Commission (SEC); Director of National Intelligence (DNI); Drug Enforcement Administration (DEA); National Aeronautics and Space Administration (NASA); National Archives Administration (NARA); National Reconnaissance Office (NRO); Agency for International Development (USAID); Agricultural Research Service (ARS); Bureau of Alcohol; Bureau of Indian Affairs (BIA); Centers for Disease Control and Prevention (CDCP); Consumer Product Safety Commission (CPSC); Department of Health and Human Services (HHS); Environmental Protection Agency (EPA); Executive Office of the President (EOP); Federal Aviation Agency (FAA); Federal Bureau of Investigation (FBI); Federal Election Commission (FEC); Federal Emergency Management Agency (FEMA); Federal Trade Commission (FTC); Fish and Wildlife Service (FWS); Food and Drug Administration (FDA); General Services Administration (GSA); Housing and Urban Development (HUD); Institute of Museum and Library Science (IMLS); Merit Systems Protection Board (MSPB); National Institutes of Health (NIH); National Institutes of Standards and Technology (NIST).; National Oceanic and Atmospheric Administration (NOAA); National Reconnaissance Office (NRO); National Science Foundation (NSF); Occupational Health and Safety Administration (OSHA); Office of Inspector General (OIG); DoD Office of Net Assessment; Office of Personnel Management (OPM); Small Business Administration (SBA); Bureau of Alcohol, Tobacco and Firearms (BATF); US Congress; US Patent Office; US Postal Service (USPS) and US Secret Service (USSS). See also Endnotes [i] and [ii] Individual and Organization beneficiaries of Claimant’s property, [iii] for sources.
- Secret NGO (non-governmental organization) bond holders who use, benefit from, and provide Claimant’s property to third parties, include, but are not limited to:Past and present agents of the Executive, members of the National Infrastructure Assurance/Advisory Council (NIAC), The IBM Eclipse Foundation, AllSeen Alliance, Atlantic Council, Brookings Institution, World Economic Forum (WEF, Davos), Freedom House, Global Network Initiatives, the Highlands Group, Bilderberg Group, Trilateral Commission, Aspen Institute, Council on Foreign Relations (CFR), Open Society Foundations (OSF), Open Society Initiatives (OSI), The Clinton Foundation (incl. more than 35 pseudonyms), Bohemian Grove, BuzzFeed, Media Matters, Southern Poverty Law Center, Black Lives Matter, Best for Britain, European Movement UK, The Round Table, Scientists for EU, Center for Public Integrity, Human Rights Watch, Priorities USA Action, American Bridge 21st Century, America Votes, Millennium Promise, Federal Reserve, NVCA, GCHQ, ASD, CSE, GCSB, FRE and FVEY. See also Endnotes [i] and [ii] Individual and Organization beneficiaries of Claimant’s property; [iii] for sources.
Claimant reserves the right to supplement the preceding lists of persons and entities as new information becomes available.
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DESCRIPTION OF LABOR, MATERIAL, SERVICES, ETC. PROVIDED TO THE PROPERTY BY THE CLAIMANT(“SERVICES”):
Claimant invested over $10 million in five years in research and development in the property. This creative work consumed over 145,000 engineering man-hours that created over 750,000 lines of computer source code.[40] The expenses include, but are not limited to, office facilities, communications gear, multiple server centers, servers, computers, switches, hosting sites, databases, testing, debugging, documentation, patents applications, trademarks, branding, product design and development, research, legal, equipment, payroll, transportation, public relations, travel, room & board, meeting expenses, conferences, consulting, insurances, facilities management, human resources, clerical, engineering, supplies, utilities, security, copyrights, legal, accounting, fund raising, data protection, general and administrative expenses, rents, leases, systems, procedures, accounting, auditing, bookkeeping, recruiting, training, professional development, management development, strategy, Malcolm Baldrige National Quality Award state program application and award, etc.
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CONTINGENCIES:
Claimant reserves the right to update this Notice based upon new information obtained, most especially secret, stonewalled and redacted information regarding the full scope of the Executive’s use of Claimant’s property.
YOU ARE HEREBY NOTIFIED THAT THE ABOVE-IDENTIFIED AND UNDERSIGNED CLAIMANT HAS NOT BEEN PAID IN FULL, AND INTENDS TO ENFORCE ITS RIGHTS UNDER THE MILLER ACT, 40 U.S.C. §§ 3131 ET SEQ. THE UNDERSIGNED CLAIMANT HAS FURNISHED LABOR, SERVICES, EQUIPMENT, AND/OR MATERIAL OF THE GENERAL DESCRIPTION ABOVE PROVIDED AND IDENTIFIED AS “SERVICES.” SERVICES WERE FURNISHED FOR THE BUILDING, STRUCTURE, OR OTHER WORK OF IMPROVEMENT LOCATED AT THE ABOVE-DESCRIBED PROPERTY. THE PERSON OR FIRM WHO REQUESTED SUCH SERVICES IS ABOVE-IDENTIFIED AS THE HIRING PARTY. THE VALUE OF THE WORK, THE PAYMENT OFFSETS AND CREDITS, AND THE UNPAID BALANCE AND AMOUNT OF THIS CLAIM IS ABOVE-IDENTIFIED AS THE AMOUNT OF CLAIM. THE DATE ON WHICH THE SERVICES WERE LAST FURNISHED IS ABOVE-IDENTIFIED AS THE DATE SERVICES LAST FURNISHED.
REQUEST FOR INFORMATION
Claimant hereby requests a copy of each payment bond of each surety provider, including their contact information, to each and every public-private beneficiary used by the subcontractors to the Original Contractor to distribute Claimant’s property identified in this notice. This request is made pursuant to 40 U.S.C. §3133. Please forward a copy to the Hiring Party and the Surety Parties identified above.
Claimant: Leader Technologies, Inc.
[SIGNATURE BLOCK]
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AFFIDAVIT & REQUEST FOR BOND
State of Ohio
County of Delaware
FIRST BEING DULY CAUTIONED AND SWORN, AFFIANT STATES:
| PARTY PROVIDING WORK:
Leader Technologies, Inc., |
| PUBLIC AUTHORITY:
The United States Chief Executive Donald J. Trump, and his predecessors William J. Clinton, George W. Bush and Barack H. Obama (the “Executive”) |
My name is Michael T. McKibben, and I am of legal age, sound mind and otherwise competent to make this affidavit. At all times herein, I live in Columbus, Ohio and now work in Lewis Center, Ohio. I have personal, direct knowledge of each of the facts set forth in this affidavit and believe them to be true and accurate to the best of my knowledge and ability. Errors and omissions are inadvertent.
DESCRIPTION OF LABOR, MATERIALS, SERVICES, ETC. PROVIDED TO THE PROPERTY BY THE CLAIMANT (“SERVICES”):
Claimant invested over $10 million in research and development in the property which consumed over 145,000 man-hours of cross-expertise engineering that created over 750,000 lines of computer source code. The expenses include but are not limited to office facilities, communications gear, multiple server centers, servers, computers, switches, hosting sites, databases, testing, debugging, documentation, patents applications, trademarks, branding, product design and development, research, legal, equipment, payroll, transportation, public relations, travel, room & board, meeting expenses, conferences, consulting, insurances, facilities management, human resources, clerical, engineering, supplies, utilities, security, copyrights, legal, accounting, fund raising, data protection, general and administrative expenses, rents, leases, systems, procedures, accounting, auditing, bookkeeping, recruiting, training, professional development, management development, strategy, Malcolm Baldrige National Quality Award state program application and award, etc.
Claimant’s property is “social networking” and related software intellectual property operating continuously on computers and servers in literally billions of locations in the United States and offshore.
Claimant’s original Tier I Miller Act Notice was received by the White House on July 28, 2017 at 4:09 am. Claimant investors began sending in their individual Tier II notices subsequently. This document is Claimant’s FIRST AMENDED MILLER ACT NOTICE FOR FEDERAL WORKS PROJECTS 40 USC §3131 ET SEQ that contains material new corroborating evidence.
Citizen Property Rights Must Be Protected From Abuses Of Government Power
America’s Founders knew that a vibrant economy must protect and incentivize real inventors and writers to grow. The U.S. Constitution Article I, Section 8, Clause 8 (“[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”) protects patents and copyrights and is the only property right actually written in the Constitution.
The Founders also forbade the government in Article I, Section 9, Clause 3 from issuing a contract, then quashing it later under the color of law. These fundamental principles of property protection have been reaffirmed numerous times.
For example, James Madison said in Federalist No. 44: “Patent rights receive protection pursuant to public contracts between inventors and the federal government, acting on behalf of the people.” Chief Justice John Marshall affirmed in Fletcher v. Peck. 10 US 87 (1810) that the government cannot rescind a contract once awarded. Subsequent Patent Office manuals reinforced this fundamental Constitutional principle: “A Patent is a Contract.” Manual of Patent Law (1874), A Summary of the Law of Patents (1883). Courts, especially since The America Invents Act (September 16, 2012), have suspiciously avoided having to acknowledge Fletcher’s protection of patent contracts when confiscating patents for the military-industrial shadow government.
Nonetheless, the protections of Fletcher are not even needed here since the confiscation of Leader’s inventions occurred while they were protected trade secrets in February 2000.
In short, this First Amended Miller Act Notice is a contract claim, not a patent claim. The patent claims only further reinforce the validity and value of the contract. In this case, the government believed Leader’s innovations were so valuable that the government stole them in February 2000, almost seven years before issuing a first patent for them—U.S. Patent No. 7, 139,761—on Nov. 21, 2006.[41]
Therefore, the damages accrue to Leader from the first moment of disclosure to James P. Chandler, III (“Chandler”). Chandler was then a White House Advisor. He was also a Principal of The Highlands Group within the DoD Office of Net Assessment. He also became Leader Technologies’ intellectual property attorney. Any argument against Leader’s claims here using the convolutions of the Leader v. Facebook patent infringement trial (District of Delaware, July 2010, see fn. 21) are a smokescreen to deflect attention away from the actual date of the theft, which was their theft by Chandler as trade secrets ten years earlier in February 2000.
Hindsight shows that Facebook was just one of many co-conspirators with Chandler, the United States Defense Department’s Highlands Group, Andrew W. Marshall, Director, within the Office Net Assessment and IBM, among others.
Claimant’s valuable trade secrets were stolen starting in February 2000. The value and benefits of this intellectual property have been affirmed by the U.S. Patent and Trademark Office who has issued multiple patent contracts subsequently. The federal government used and distributed these inventions to countless billions of individuals and organizations without compensating Claimant.
In early 2000, Claimant and his investors sought out a highly-regarded Washington, D.C. patent legal counsel in law professor James P. Chandler, III.[42] Claimant relied on his legal advice after sharing Claimant’s innovations with Chandler. Claimant paid substantial fees to protect its trade secrets and subsequently filed copyrights and trademarks as well as patents, most of which were eventually awarded by the government.
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“Exceedingly powerful”
However, Chandler failed to disclose his material conflict of interest before agreeing to be Leader’s intellectual property attorney. Chandler failed to disclose to Claimant at the time of their first meeting in February 2000 that he was a principal in an “exceedingly powerful”[43] clandestine shadow government organization operating within the Senior Executive Service (SES) named the U.S. Department of Defense Office of Net Assessment. This office was directed by Andrew W. Marshall and Richard P. O’Neill, along with the Defense Advanced Research Projects Agency (DARPA) directed by Anthony J. Tether.
Marshall has been paid by the Senior Executive Services (SES) within the DoD Office of Net Assessment since the inception of the SES on Oct. 13, 1978.[44]
The Office of Net Assessment has employed Richard P. O’Neill as its CEO in a secret organization named “The Highlands Group” that hosted regular no-notes think tank “forums” comprised of senior military, defense contractors, banking, finance, healthcare, technology and academic insiders to evaluate promising new technologies that could be weaponized.[45] Chandler participated in these meetings with O’Neill, Marshall and Tether, and actually led some of them.[46]
An eyewitness to the leadership of Chandler in the shadowy Highlands Group / Department of Defense Office of Net Assessment has come forward. This person attended numerous meetings of the Highlands Group led by Chandler, Marshall, O’Neill and Tether from 1981 to January 2005.[47] Notably, in one October 1991 meeting, Chandler’s belligerence and abuse of the participants drove over half of the 47 participants, including senior military officers and defense contractors, to leave the all-day meeting at noon.[48] Those who know Chandler recognize this highly abusive character trait born of intellectual haughtiness and an air of invincibility.
Dr. Steve R. Pieczenik, a former senior psychologist at the U.S. State Department and C.I.A., said recently that Chandler’s Highlands Group / Office of Net Assessment colleague Andrew W. Marshall wrote unremarkable papers for the Rand Corporation (Tr. 3:30) and that he was “a Machiavellian individual” (Tr. 4:1) who “fellated everybody above him so he could get into power” (Tr. 4:1-2). Pieczenik said Marshall was “deeply involved with Mossad” (Tr. 3:12-13) (treason) and the author of the neoconservative strategy for continuous war promoted by Henry Kissinger (Tr, 3:18).[49]
In this evidently lawless shadow government context, Chandler essentially treated Claimant not as an American inventor with Constitutional rights to his inventions, but as an enemy combatant whose intellectual property the government had some superior right to confiscate without compensation—much in the same way that President Roosevelt confiscated over 50,000 patents in World War II, and much in the same way we see the British company SERCO overseeing (stealing) patents at the U.S. Patent Office today.[50]
Chandler gave Claimant’s property of social networking to a group of “public-private” Highlands Group co-conspirators with whom Chandler, Marshall, O’Neill and Tether were associated within the shadow government. They did this without any notice, approval or compensation to Claimant. Evidence shows that these Highlands Group contracts were noncompetitive and therefore illegal since they represented a fascist approach to vendor selection.
In February 2000, the Hiring Party, James P. Chandler, III entered into contracts with Claimant to provide legal, director and other services[51] that resulted in, among other things, the registering of trademarks, copyrights and the award of U.S. Patent Numbers 7,139,761,[52] 7,925,246[53] and 8,195,714.[54] Chandler was also then a senior national security advisor to the White House, Congress, Judiciary, IBM and intelligence community (e.g., FBI, NSA, CIA, DoD, DOJ, DoE, NRO, DHS, IBM), the Office of Net Assessment and the Highlands Group, among others.
Chandler is well known or reasonably believed to have collaborated with numerous members of the political, legal and intelligence communities in this work, including, but not limited to Former FBI directors Louis Freeh,[55] Robert S. Mueller, James B. Comey; Rod J. Rosenstein; Andrew D. Goldstein; Preetinder Bharara; Eric H. Holder, Jr.;[56] Loretta E. Lynch; Williams & Connolly LLP;[57] Gibson Dunn LLP,[58] Fenwick & West LLP; Weil Gotshal LLP;[59] Skadden Arps, LLP; Cooley Godward LLP; White & Case LLP; Orrick Herrington LLP; Blank Rome LLP, Perkins Coie LLP, Latham & Watkins LLP; Cravath Swaine LLP,[60] Mayer Brown LLP; Hillary & Bill Clinton; John D. Podesta;[61] Directors of the CIA, NSA. DNI and National Security Advisors since 1993 through the Obama Administration; the Federal Circuit Court of Appeals;[62] Federal Circuit Bar Association,[63] American Bar Association,[64] FISC (“The FISA Court”); In-Q-Tel principals, their banker/underwriters and funded companies; National Venture Capital Association (NVCA); the Judicial Conference;[65] the national laboratories; and The Clinton Foundation.
At a minimum, the above-mentioned individuals, organizations and their principals should be excused from involvement in any investigations and decision making about Claimant’s claim and compensation because of the appearance of impropriety. Further citations will be supplied upon request. Claimant reserves the right to supplement this list of names and entities.
Chandler to Leader (2000): “You have over 60 patentable inventions”
Chandler received detailed proprietary information about Claimant’s invention properties for which he initially estimated that there were “over 60 patentable inventions.” The industry now calls Claimant’s inventions “social networking.”
Chandler failed to disclose to Claimant his conflicts of interest and his material involvement with a “shadow government”[66] to which he was/is a key advisor and principal.
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Chandler: Constitutional Takeover “Coup” (post-Patriot Act) using Claimant’s stolen networking invention stolen by the federal government via IBM Eclipse Foundation
Notably, just one day earlier, on Aug. 28, 2002, Chandler had met with Montgomery County, Maryland development officials on behalf of himself, IBM, the Patent Office and classified intelligence agencies (he specifically mentioned the CIA)[70] about acquiring a 30,000 sf. facility for their plans that his notes described as “coup.” David J. Kappos was then chief inside intellectual property counsel at IBM and an advisor to Chandler. (In 2009, Kappos was appointed director of the Patent Office by President Barack Obama.) Claimant had no knowledge of this attorney-client and directorial misconduct. This evidence emerged from attorney notes that Chandler had misplaced.
IBM aided and abetted the Chandler theft with a $40 million “donation”
The IBM Eclipse Foundation was formed on Nov. 29, 2001 with a $40 million “donation” from IBM.[71] Through Eclipse’s members, Claimant’s property was distributed to and adopted widely by the bond holders under the moniker of “The Internet of Things.”[72] Indeed, the genesis of this plan was the Highlands Group and the DoD Office of Net Assessment where Chandler was a principal. His material involvement has been long suspected and was recently confirmed by whistleblowers cited herein.
Chandler’s reference to a “coup” in his notes is prescient given the recently-released Mueller Report showing that members of the State Department, Department of Justice, C.I.A., NSA, Obama White House, FBI, mainstream propaganda media, Privy Council, GCHQ, SERCO, MI-6 were actively engaged in a coup d’état against Donald Trump even before he announced his candidacy. Evidence shows that the same shadow government actors, supported by Chandler, relied on Claimant’s social networking invention to press their seditious plans.[73]
U.S. State Department Egregious Abuses of Claimant’s Property Rights
On or before Sep. 26, 2009, Secretary of State Hillary Clinton entered into a secret agreement with Facebook and its Russian executive Dmitry Shevelenko to build a “template for winning elections.” This was the first of many subsequent secret contracts.[74] This occurred during the pendency of the Leader v. Facebook patent infringement trial and was evidently obstructing justice in Claimant’s efforts to protect its intellectual property rights and values. In addition, the State Department began promoting use of Facebook worldwide making it impossible for Claimant to operate without government interference.[75]
BEFORE ME, undersigned authority, personally came and appeared Michael T. McKibben, who did declare under oath the following:
A. That he is an authorized and disclosed agent of the above-identified Party Providing Work, the Claimant. As the authorized and disclosed agent of the Claimant, he has been provided with the facts related to this Affidavit and Request for Bond, and to the best of his information, knowledge and belief, the facts set forth herein are true and correct. He is competent and authorized to make this Affidavit.
B. That Claimant, the Party Providing Work, has provided the above-identified Services to the above-described Project, and payment for the work provided has not been made.
Notice is hereby provided to the Public Authority to furnish to the Claimant, the Party Providing Work, a certified copy of the payment bond(s) and the contract(s) for the Project, as per any applicable statutes, or as per applicable Public Records Acts. These materials should be sent to:
Leader Technologies, Inc.
Michael T. McKibben
P.O. Box 224
Lewis Center OH 43035
FURTHER AFFIANT SAYETH NAUGHT
[SIGNATURE BLOCK]
[NOTARY BLOCK & STAMP]
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ENDNOTES:
[i] Attendee List at President Trump’s Opening Remarks, American Technology Roundtable, WH, Jun. 19, 2017.
President Donald J. Trump (Jun. 19, 2017):
“We have approximately $3.5 trillion dollars of market value in this room.”
Surety Bond Holder Attendees: Oracle, Microsoft, IBM, CIA, Google, Alphabet, Facebook, Clarion, Palantir, Apple, Kleiner Perkins / CIA, VMWare, Dell, EMC, Palantir, NSA, In-Q-Tel, Intel, Qualcomm, Akamai, SAP, CMU, Hoover Institution, Stanford, MasterCard, Amazon, Washington Post, MIT, Accenture, Ohio State, UNC, Adobe and OpenGov.
Administration Attendees: John F. Kelley, Jared Kushner, Christopher P. Liddell, Steven T. Mnuchin, John Michael Mulvaney, David J. Shulkin, Ivanka M. Trump, Seema Verma
[ii] Most of these organizations have used Claimant’s property. received from the Hiring Party, and supplied it to third parties. They include, but are not limited to:
(Names of responsible officials within these organizations will be supplied upon request. Claimant reserves the right to modify this list based upon new information.)[76]
18F, ABU Holding International Limited; Abogado N ominees; Accel Partners LLP; AccelPath; Access; Accesso Fund LLC (Colombia, Clinton Foundation) (AFLLC); AccuRev; ACM Queue; Actuate; Acxiom; Adastra Mining; Addison-Wesley; Adobe; Agitar; Agua Caliente; Air Canada; Airbnb; Aldon; Alexion Pharmaceuticals; ALGO; Allen & Co.; Alliance for a Healthier Generation (Clinton Foundation) (AHG); AllSeen Alliance; AltoWeb; AMD; America Mineral Fields; American Scholars Inaugural Ball; ANCIT Consulting; Anyware Technologies; AOL; Apple; Aptana; Ardoe Finance Limited; ARM; Arvider Sambei; Arvinda Sambir; AT&T; athenahealth; AvantSoft; AWD Holding AG; Baidu ADR; Baillie Gifford; Band Xi; Bank Menatep; Bank of America; Barclays; Barrick Gold Corporation; Battelle Memorial Institute; BEA; BEO; Bilderberg Group; Bill & Melinda Gates Foundation; Bill, Hillary & Chelsea Clinton Foundation (BHCCF); Blackberry; Blackdock; BlackRock; Bluecava; Boeing; Bohemian Grove; Booz Allen; Borland; Bowles, Erskine; Bridge Masters (IOM) Limited; British Aerospace (BAE); British Crown Agents; British Nuclear Fuels; British Psychological Society; Brocade; Brox; BusinessObjects; BZ Media; C.I.A. (Central Intelligence Agency); CA Associates; Cape Clear; Cardew Services Ltd (DST); Carillon Federal; Carleton University; Carnegie Endowment for International Peace; Castlight Health; Catalyst Systems; Cedarville University; Cenit; Center for American Progress; Centre of Global Development; CertiPath; Channel Trustees Ltd as trustee of the Yuri Milner Trust (DST); Chempolis; Cisco; Citibank; Citigroup; Ciudad Verde Amarilo Frailejon III (Clinton Foundation) (CVAF); Clarium Capital; Clinton Climate Initiative (CCI); Clinton Executive Service Corporation (CESC); Clinton Foundation (The) (TCF, CF); Clinton Foundation HIV/AIDS Initiative (CFHAI); Clinton Foundation Hong Kong (CFHK); Clinton Foundation Insamlingstiftelse (Sweden) (CFI); Clinton Giustra Enterprise Partnership (CGEP); Clinton Giustra Sustainable Growth Initiative (CGSGI); Clinton Global Initiative – Asia (CFIA); Clinton Global Initiative (CGI); Clinton Global Initiative University (CGIU); Clinton Health Access Initiative (CHAI); Clinton Health Matters Initiative (CHMI); Clinton Hunter Development Initiative (CHDI); Clinton Institute (CI); Clinton Small Business Initiative (CSBI); Cloud (The); Cloudera; CloudFlare; Cloudsmith; CMA; CollabNet; Color of Change; Columbia; Columbia University; Common Core; ComPeople; Computer Associates; Compuware; Cooley Godward LLP; Cooperative Research and Development Agreement (CRADA); Council on Foreign Relations (CFR); Coupons.com; CPSR (Computer Professionals for Social Responsibility); Cravath Swaine LLP; Credit Suisse; Crown Prosecution Service (CPS); CRYPTO.com; CWI; DARPA; DC Systems; DDC-1; De Beers Consolidated; Dell; Deloitte & Touche; Deutsche Bank; DevZuz; DigiCash; DigiCert; Digital Sky Technologies (DST); Director of Public Prosecutions (DPP); Disney; Diversified Strategies Fund, L.P.; DocuSign; Dropbox; DSDM Consortium; DST (Digital Sky Technologies); DST Advisors Limited; DST Capital Partners Limited; DST Global Advisors Ltd; DST Global II, L.P.; DST Global Ltd; DST Holdings Ltd; DST Managers Ltd; DST USA II Ltd; DST USA Ltd; EADS; Eastman Chemical; eBay; Eclipse Foundation (The); EclipseCON 2004; Economic Espionage Act of 1996 (EEA); Edmundo; Eid Passport; Embarcadero Technologies; ENEA; Enteraction; Entrust; EOIR Technologies; Epion Holdings Limited; Ericsson; Etilix (USA)(Venezuela); Etish; ETRI; Eurasia Group; Eurotech, Ltd.; Eurotech, SpA; Exostar Federated; Facebook, Inc.; Fahr LLC (Steyer, Thomas F.); False Statements Accountability Act of 1996 (FSAA); Farallon Capital (Steyer, Thomas F.); FBDC Advisors Offshore, Inc.; FBDC Advisors Offshore, Inc. (FB=Facebook, Goldman Sachs); FBDC Investors Offshore Holdings, L.P.; FBDC Investors Offshore Holdings, L.P. (FB=Facebook, Goldman Sachs); FDIC; Federal Bridge Authority; Federal Circuit Bar Association (FCBA); Fenwick & West LLP; Fidelity; First Defence (UK); Fiserv; Flashline; Flickr; FOKUS; Fortior Solutions; Forty Two (Clinton Foundation) (FT); Fox; Froglogic; FTI; FTI Consulting,; Fujitsu; GAO (Government Accounting Office); Gates Foundation; Gates Foundation (Bill & Melinda); GDC Limited; GE; Genentech; General Dynamics; General Electric; Generalitat Valenciana; Gentleware; Genuitec; Gerhardt Informatics; Ghegg; Gibson Dunn LLP; Glass-Steagall Act; GlaxoSmithKline; Global Technology Partners; GMP Securities Ltd.; Goldman Sachs; Goldman Sachs & Co; Goldman Sachs Group Inc; Goldman Sachs Investment Partners GP, LLC; Goldman Sachs Investment Partners Private Opportunities Holdings Advisors, Inc.; Goldman Sachs Investment Partners Private Opportunities Holdings, L.P.; Google; GovTech; Gramm-Leach-Bliley Act of 1999; Greylock Partners; Groupon; GURUCUL; Hambro; Harris, Jeffrey; Harvard; Harvard Business School; Harvard Law School; Harvard University; Hellman & Friedman LLC (Steyer, Thomas F.); Hewlett-Packard (HP); Hitachi; Hoffman La Roche; Howcast; HP; HSBC; IBM (International Business Machines); IBS; IdenTrust; IDG; IDG Capital (China); IDG Technology Venture Investment III, L.P. ; IDG-Accel (China); IEEE; Ilog; IMF; Ingres; Innoopract; Innovations Software; Inpriva; In-Q-Tel; Instagram; Instantiations; Institute for Software; Intalio; Integrity Initiative; Intel; Interational Crisis Group (ICG); International Consortium of Investigative Journalists; Interpay; Intervoice; Investec Inc.; Investec Limited et al; IONA; IoT; I-squared; itemis; iWay Software; J.P. Morgan; James LLC; Jekyll Island Club; Jiva; JNC -Opportunity Fund Ltd.; JNC Strategic Fund, Ltd.; JPMorgan Chase & Co.; Judicial Conference; Juniper Networks; Kanton Services (Belize) Limited; Kanton Services Limited; Kapino Group Holdings Limited; Kerogen Capital; King & Spalding LLP; Kleiner Perkins LLP; KPIT Cummins Infosystems Limited; KPMG; Krugle; Laszlo; Lawrence Livermore National Laboratory (LLNL); Lazare Kaplan International, Inc.; League of Nations; Legal & General; Leidos; Lenovo; LinkedIn; Linux Foundation (The); Lloyds Bank; Lockheed Martin Corporation; Lockheed Marting; Lombardi; Lotus; Louisiana (Hurricane Katrina); LSI; Lucent; Lucent Technologies; LynuxWorks; M.O.O.C.; Mail.ru (DST); Manchester University; Mango Software; Market LLC; Markland Technologies; Marsh & McLennan Capital, Inc.; McAfee; McManis Faulkner LLP; MDS Technologies; Media Matters; Medical Banking Policy Research (MB Project); Mentor Graphics; Meritech Management; Merrill Lynch; Metafinanz; Metallect; MexTel; Micro Focus; MicroDoc; Micron Technology; Microsoft; MicroTech; Millenium Challenge; MISYS; Mitre Corp; MKS; Mobile Accord; MontaVista; MontaVista Software; Montgomery County (MD) Economic Development; Morgan Stanley; Motorola; Mozilla; mvalet; MySQL; N.M. Rothschild & Sons; NASA; National Economic Council; National Economic Council (NEC); National Infrastructure Advisory Council (NIAC); National Infrastructure Assurance Council (NIAC); National Institute of Standards & Technology (NIST); National Intellectual Property Law Institute (NIPLI); National Security Agency (NSA); National Venture Capital Association (NVCA); Navigator Management LLC; NBC; NEC; NetApp; NetBridge; Netflix; New Enterprise Associates (NEA); New Media and Technology Investment; New Media Communications; New Media Technologies Capital Partners Limited; New York Times; News Corporation; Nexaweb; NexB; NextGen Climate Action (Thomas Fahr Steyer); No Ceilings: The Full Participation Project (Clinton Foundation) (NCTFPP); Nokia; Northrop Grumman; Northrup Grumman; Novell; NPR; ObjectWeb; OC Systems; OCDemon; OCDemon Macraigor Systems; Ohio State University; OMG; Open Society Foundations (OSF); Open Society Institute (OSI); Open Source Applications Foundation (OSAF); Open Source Lab; Open Systems Publishing; OpenGov; OpenMake Software; OpenMethods; OpTech; Oracle; Orland Properties Ltd (DST); Orrick Herrington LLP ; Overseas Private Investment Corporation (OPIC);OPSEC; OW2 Consortium; Palamida; Palantir; Paltalk; Pandora; Parasoft; Paul Weiss LLP; PayPal; Perforce; Perkins Coie LLP ; Polcarion; Price Waterhouse; Privy Council; Progress Software; ProSyst; Protocode; PTAB (Patent Trial and Appeals Board); QNX; Qualcomm; Quantum Fund; QuestNet Corp.; RAPIDGate; Rational; Rational Software; Raytheon; RCP; RealNetworks; Red Hat; Redmond Media Group; Remain; Renaissance Capital; Replay Solutions; Reuters; RiskIQ; Royal Bank of Canada (RBC); RSA; RTC Group; SAFEBridge; SAIC; Salesforce.com; Samsung; SAP; SAS; Senior Executive Association; SERCO Inc; SERCO Limited; Serena; Serena Software; SGO Corporaiton; Shell Foundation; Siemens; SIGS Datacom; Silver Lake Partners; Skoklavo ; Skype; Skyway Software; SlickEdit; SMARTech; SmartMatic; Software & Support Vertrag; Sony; Sony Ericsson; SpikeSource; SpringSource; Square; Squarespace; Stanford; Stanford University; State Street Corp; STRAC; Strandside Holdings Ltd; Stratfor; Stroz Friedberg; SureID; SWIFT; Swiss Re.; Sybase; Symantec; Symbian; T. Rowe Price; TARP; Task Force on National Healthcare Reform; Tavistock Institute; Teamprise; TeamStudio; Technest; Technovation Solutions; TechPresident; TEI; Telecredit; Telecredit, Inc.; Telelogic; Teligent; Teneo Holdings; Tensilica; Texas Instruments; Thales; The Clinton Foundation (TCF, CF); The Clinton Initiatives (TCI, CI); The Clinton Museum Store (TCMS, CMS); The Eric Schmidt Project; The Full Participation Project (TFPP); The Intellectual Property Institute; The Internet of Everything; The Internet of Things; The William J. Clinton Foundation (TWJCF, WJCF); The William J. Clinton Presidential Center / Library (TWJCPC, TWJCPL); ThinkProgress; TIAA-CREF; TIBCO; TimeSys; TNI-Software; TogetherSoft; Too Small To Fail (Clinton Foundation) (TSTF); Toshiba; Trans Sped Mobile; Trans-Pacific Partnership (TPP); TRC Group; Trident Nuclear Submarine Squadron; Trolltech; Trout Cacheris LLP; Tsinghua University; T-Solar; Tumblr; Twitter; U.S. Copyright Office; U.S. Court of Appeals for the Federal Circuit (D.C.); U.S. Court of Appeals for the Ninth Circuit (CA); U.S. Cyber Alliance; U.S. Department of Defense; U.S. Department of the Treasury; U.S. Digital Service; U.S. Global Investors, Inc.; U.S. Patent & Trademark Office; U.S. Senate Judiciary Committee; U.S. State Department; U.S. Trade and Development (USTDA); Uber; UBS; United Nations; United Nations Association; United Nations Development Group; United Ventures Ltd (DST); Uranium One; UrAsia Energy Ltd.; USAID; USM Internet Holdings Limited; Vanguard; Vector; Vectra Networks; Venture Strategy Partners (VSP); Verisign; Verizon; VirtualLogix; Virtutech; Visa; Vista; W Software; Wal-Mart; Warburg Pincus; Washington Post; Webtide; Weil Gotshal LLP; Wellcome Trust; Wells Fargo; West Wing (Clinton Foundation) (WW); Weston Presidio; White & Case LLP; White House; White Oak Group (The); Wiki; Wikipedia; William J. C. Foundation (Clinton Foundation) (WJCF); William J. Clinton Fndn (Kenya) Char Trust (WJCFKCT); William J. Clinton Foundation (India) (WJCFI); William J. Clinton Foundation UK (WJCFUK); Williams & Connolly LLP; Wilmer & Hale LLP (formerly Wilmer, Cutler & Pickering); WilmerHale LLP; Wind River; WininChina, Inc.; WJC Investments [William Jefferson Clinton, for profit] (WJCI); WJC, LLC [William Jefferson Clinton, for profit] (WJCLLC); Woodward LLC; Workday; World Bank; World Economic Forum (Davos); Wright-Patterson Air Force Base (WPAFB); Xbredex; Xerox Corporation; Yahoo; Yale University; YouTube; Yurie Systems; Zend; Zynga
[iii] Supporting Evidence.
Archived and available from multiple sources including National Archives; Federal Register; Government Printing Office (GPO); Senate Judiciary Committee; Archive.org; American Intelligence Media (AIM); Americans for Innovation (AFI); Purdue University Law Archives; Judicial Conference; Department of Homeland Security (DHS); U.S. Patent Office (USPTO); Inspectors General for Departments of Commerce, State, Defense, Energy; Securities & Exchange Commission; PACER.gov; Eclipse Foundation; IBM; Federal Bureau of Investigation (FBI); Montgomery County Maryland Development Department; Leader Technologies; National Security Agency (NSA)(“Collect It All”), U.S. Supreme Court; The New York Times; The Washington Post; The Wall Street Journal; The Huffington Post; Cooley Godward LLP; King & Spalding LLP; Kramer Levin LLP; White & Case LLP; Blank Rome LLP; Potter Anderson LLP; State of Ohio Department of Commerce; Office of Government Ethics (OGE); The Chandler Law Firm Chartered; Fenwick & West LLP; Harvard University; University of California; Lawrence Livermore National Laboratory (LLNL); Wright-Patterson Air Force Base (WPAFB); Defense Intelligence Agency (DIA); National Intellectual Property Law Institute (NIPLI); House Oversight Committee on Government Reform; Rep. Jim Jordan (OH-4th); Rep. Trey Gowdy (SC-4th); Mike Cernovich; Stefan Molyneux, Defense Advanced Research Projects Agency (DARPA); Swiss Leaks; WikiLeaks; DCLeaks; The Panama Papers; International Consortium of Investigative Journalists (ICIJ); Steve Piecznick; Fortune; World Bank; International Monetary Fund (IMF); Roger Stone; Reuters; ABC; CBS; NBC; Infowars; Alex Jones; Charlie Rose; PBS; FoxNews; Sean Hannity; Associated Press (AP); The Hill; AmLaw Litigation Daily; PatentlyO; The Recorder; ZDNet; Computerworld; CrunchBase; Bloomberg; The Daily Mail; The Guardian; PCWorld; IDG Financial Times; Full Measure; and Sharyl Attkisson, among others.
Claimant reserves the right to supplement the lists of persons and entities listed above as additional evidence becomes available.
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PARTY PROVIDING WORK:
Leader Technologies, Inc.,
Michael T. McKibben, Founder, Chairman and Inventor (the “Claimant”)
PUBLIC AUTHORITY:
The United States Chief Executive Donald J. Trump, and his predecessors William J. Clinton, George W. Bush and Barack H. Obama (the “Executive”)
CERTIFICATE OF SERVICE
I, Michael T. McKibben, hereby certify that a copy of the FIRST AMENDED MILLER ACT NOTICE FOR FEDERAL WORKS PROJECTS 40 USC §3131 ET SEQ was served on the Executive, President Donald J. Trump, at The White House, 1600 Pennsylvania Avenue NW, Washington, D.C. 20500 by Express Mail on April 25, 2019, electronically, and through the good offices over the coming weeks of Congressional representatives.
.[SIGNATURE BLOCK]
Submitted April 25, 2019
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FOOTNOTES CONVERTED TO ENDNOTES
[1] Notices: Any errors and omissions are inadvertent. Claimant reserves the right to amend this Notice and the Claim(s). No claims are made to third party rights. All footnotes and endnotes are incorporated as if fully written herein.
[2] Source: President Trump’s Opening Remarks, American Technology Roundtable, WH, Jun. 19, 2017 (“We have approximately $3.5 trillion dollars of market value in this room.”) See WH, Jun. 19, 2017 Attendees, Endnote [i].
[3] Claimant reserves the right to reassert up to the full value of Claimant’s property used without compensation.
[4] Sub, fn. 15.
[5] Professor James P. Chandler biography, http://www.nipli.org/1/1-3-2.html.
[6] Steve R. Pieczenik, Tr. 4:4. Sub.
[7] Andrew W. Marshall, director, Department of Defense Office of Net Assessment, Senior Executive Services (SES) Policy and Supporting Positions (Plum Books) 1980 (p. 161), 1984 (p. 55), 1988 (p. 38), 1992 (p. 37), 1996 (p. 73), 2000 (p. 81), 2004 (p. 34), 2008 (p. 34) and 2012 (p. 38). https://www.govinfo.gov/about#fdsys-transition and http://www.fdsys.gov.
[8] https://web.archive.org/web/20171109175103/http://www.highlandsgroup.net/about.php?ID=1
[9] See ———-redacted NAME———- Affidavit dated Apr. 23, 2019—Interactions with Andrew W. Marshall, James P. Chandler, III, Richard P. O’Neill, Anthony J. Tether, DoD Office of Net Assessment, The Highlands Group, Senior Executive Services (SES) and DARPA with Affiant’s employers including Rockwell, Raytheon, USAF, Martin Marietta, General Dynamics, Liedos, SAIC and Eaton Corp. This affidavit shall be provided under a seal of confidentiality and privacy to a bona fide, trustworthy third party for a no-copies verification review. This reviewer shall have no relationship to the conspiring parties identified herein.
[10] Id., Secs. 5, 6, 23 (“From 1981-2005, I was a participant in numerous meetings of a group that called itself “The Highlands Group” that sponsored “The Highlands Forums” which was sponsored by the U.S. Department of Defense Office of Net Assessment and the Defense Advanced Research Projects Agency (DARPA). These meetings in which I was in attendance were overseen by one or more of the following people: James P. Chandler, III, Andrew W. Marshall, Richard P. O’Neill and Anthony J. Tether . . . O’Neill introduced Chandler who then facilitated the meeting the rest of the day, Marshall was silent the whole day. O’Neill was also silent after introducing Chandler . . .”
[11] Id., Sec. Nos. 19-28.
[12] Steve. R. Pieczenik. (Apr. 11, 2019). Transcription of Video: Andrew W. Marshall RIP NOT! Steve R. Pieczenik.
[13] Press Release. (Nov. 15, 2018). Serco Processes 4 Millionth Patent Application for U.S. Patent and Trademark Office. Serco.
[14] James P. Chandler, The Chandler Law Firm Chartered, Leader Technologies Director Services and Engagement Letters, Apr. 6, 2000, May 5, 2000, Mar. 01, 2001, May 25, 2001; Chandler signed a Leader Directors Services Agreement on May 5, 2000 in which he specifically committed to the Business Judgment Rule duties of diligence, loyalty, obedience, accountability, disinterestedness, due care, good faith, no abuse of discretion, e.g., “prohibited from using their position of trust and confidence to further their private interests” and “may not engage in undisclosed personal transactions of a material nature.” Sec. 1(2), 1(2)(d).
[15] U.S. Pat. No. 7,139,761, Dynamic Association of Electronically Stored Information with Iterative Workflow Changes, McKibben et al, awarded by Jon W. Dudas, Director, USPTO, Nov. 21, 2006.
[16] U.S. Pat. No. 7,925,246, Context Instantiated Application Protocol, McKibben et al, awarded by David J. Kappos, Director, USPTO, Jun. 5, 2012,
[17] U.S. Pat. No. 8,195,714, Radio/Telephony Interoperability System, McKibben et al, signed by David J. Kappos, Director, USPTO, Apr. 12, 2001.
[18] S. Hrg. 104-499 (Feb. 28, 1998). Economic Espionage Act Hearing, testimony of FBI Director Louis Freeh acknowledging James P. Chandler. U.S. Senate.
[19] Chandler, J. P. (Mar. 28, 2001). Trade Secrets and Enforcement of Intellectual Property Rights Conference. NIPLI (highlighted then Assistant Attorney General Eric H. Holder who was collaborating with Chandler on trade secrets and economic espionage cases, along with Robert S. Mueller, James B. Comey and Rod J. Rosenstein, among others).
[20] United States v. James Hsu, 155 F.3d 189 (1998) (James P. Chandler, III, for the Justice Department, and Paul Mogin, Williams & Connolly LLP, concluded the first prosecution of the Economic Espionage Act of 1996 (“EEA”) drafted by Chandler for President Bill Clinton).
[21] Petition for Writ of Certiorari (Nov. 16, 2012), Leader Technologies, Inc., v. Facebook, Inc., No. 12-617 (U.S. Supreme Court 2012) (Gibson Dunn LLP, White & Case LLP, Blank Rome LLP and Cooley Godward LLP represented Facebook and had personal relationships with Chief Justice John G. Roberts, Jr. who holds substantial Facebook financial interests, as do all of the lower court judges in this case).
[22] Graham, S. (May 23, 2014). Rader Steps Down as Chief, Apologizes for Reines Email. The Recorder.
[23] Former Patent Office Director David J. Kappos’s current law firm.
[24] James P. Chandler, John D. Podesta. (Jun. 07, 1993). Third CPSR Cryptography and Privacy Conference. Carnegie Endowment for International Peace (“to require [for the FBI] that telecommunications manufacturers and service providers redesign their systems to facilitate wiretapping.”).
[25] Chandler bio, fn. 4.
[26] Id.
[27] Id.
[28] Report of the Secretary (Mar. 14, 2001). Report of the Proceedings of the Judicial Conference of the United States. Judicial Conference (Organizer of change to mutual fund reporting rules for federal judges and judicial employees: Jan Horbaly, Fed. Cir. Executive).
[29] National Press Office. (Sep. 2, 2016). https://vault.fbi.gov/hillary-r.clinton, Part 04 of 11, p. 56, ¶1. FBI.
[30] James P. Chandler. (Jun. 5, 2002). LLNL-CRADA. CRADA No. TC-2030-01. The Regents of the University of California (Lawrence Livermore National Laboratory) under its U.S. Department of Energy Contract No. W-7405-ENG-48 and Leader Technologies, LLC for RAPIDLY DEPLOYABLE SECURITY SYSTEM, signed by Jeffrey Wadsworth for Director C. Burce Tarter. The Chandler Law Firm Chartered, PDF p. 36, Sec. 5, ¶5.
[31] Executive Order 13130, Sec. 2(1); Executive Order 13231, Secs. 1(b), 10(c).
[32] Version 2.0.1 (Aug. 29, 2002). Source code release including Leader Technologies’ inventions marked with IBM copyrights. IBM Eclipse Foundation.
[33] Kelley E. Clements. (Aug. 30, 2002). Chandler Executive Assistant Clements’ stenographer’s minutes from meetings and events surrounding meeting among James P. Chandler and Montgomery County, Maryland development officers Dave Edgerley (Director), Janis Peters and May Webster (with the knowledge of Doug Duncan, County Executive) to negotiate use of $500-1,000,000 in federal budget support for a 40,000 sf. office space facility to be used by his organization NIPLI (National Intellectual Property Law Institute), the U.S. Patent Office archives, classified material (mentions CIA) and IBM, says no involvement of Congress and even used the phrase “(kind of a ‘coup’ of sorts).”
[34] Eclipse.org Consortium. (Nov. 29, 2001). Eclipse.org Consortium Forms to Deliver New Era Application Development Tools [Press release]; See also The Eclipse Foundation (Sep. 17, 2008). The Members of Eclipse, Minutes of the Eclipse Board Meeting, Sep. 17, 2008; The Eclipse Foundation (Sep. 09, 2008). Membership Logos [Board minutes]; IBM. (2001). 2001 IBM annual report, Armonk NY, p. 21 (“We donated more than $40 million in application development tools to a new, independent, open-source software community called Eclipse.”).
[35] Executive Order 13718. (Feb. 09, 2016). Commission on Enhancing National Cybersecurity, Sec. 3(a)(ii). Barack Obama (“(ii) ensuring that cybersecurity is a core element of the technologies associated with the Internet of Things and cloud computing, and that the policy and legal foundation for cybersecurity in the context of the Internet of Things is stable and adaptable.”).
[36] Robert S. Mueller, III. (Apr. 24, 2019). Vols. I and II combined Report on the Investigation into Russian Interference in the 2016 Presidential Election, Mar. 2019. U.S. Department of Justice.
[37] U.S. Dept. of State Contract. (Sep. 26, 2009). U.S. Dept. of State Contract. (Sep. 26, 2009). Facebook pages to build an international community to discuss relevant issues of the day. Contact: Dmitry Shevelenko. Facebook Contract SAQMMA09M1870, Judicial Watch v. U.S. Dept. of State, Case No. F-2013-06356, Doc. No. C05516677, 04/03/2014.
[38] United States. Department of State. Facebook Part 2: Creating and Customizing Your Page – A field guide for missions, posts and IRCs. International Information Programs, Office of Innovative Engagement, Jun. 26, 2012. Judicial Watch v. U.S. State Department (FOIA), Doc. No. C05371175, Case No. F-2012-29278, 09/04/2013 (promotes insecure USgovernment@fb.com email use).
[39] NIAC (Nov. 21, 2013). Business Meeting Agenda. Recommendations, p. 117. DHS.
[40] Leader v. Facebook, 1:08-cv-00862-JJF-LPS (D. Del. 2008), Tr. PgID Nos. 11423:21-11424:5.
[41] Supra, fn. 15.
[42] Professor James P. Chandler biography, http://www.nipli.org/1/1-3-2.html.
[43] Steve R. Pieczenik, Tr. 4:4. Sub.
[44] Andrew W. Marshall, director, Department of Defense Office of Net Assessment, Senior Executive Services (SES) Policy and Supporting Positions (Plum Books) 1980 (p. 161), 1984 (p. 55), 1988 (p. 38), 1992 (p. 37), 1996 (p. 73), 2000 (p. 81), 2004 (p. 34), 2008 (p. 34) and 2012 (p. 38). https://www.govinfo.gov/about#fdsys-transition and http://www.fdsys.gov.
[45] https://web.archive.org/web/20171109175103/http://www.highlandsgroup.net/about.php?ID=1
[46] See ———-redacted NAME———- Affidavit dated Apr. 23, 2019—Interactions with Andrew W. Marshall, James P. Chandler, III, Richard P. O’Neill, Anthony J. Tether, DoD Office of Net Assessment, The Highlands Group, Senior Executive Services (SES) and DARPA with Affiant’s employers including Rockwell, Raytheon, USAF, Martin Marietta, General Dynamics, Liedos, SAIC and Eaton Corp. This affidavit shall be provided under a seal of confidentiality and privacy to a bona fide, trustworthy third party for a no-copies verification review. This reviewer shall have no relationship to the conspiring parties identified herein.
[47] Id., Secs. 5, 6, 23 (“From 1981-2005, I was a participant in numerous meetings of a group that called itself “The Highlands Group” that sponsored “The Highlands Forums” which was sponsored by the U.S. Department of Defense Office of Net Assessment and the Defense Advanced Research Projects Agency (DARPA). These meetings in which I was in attendance were overseen by one or more of the following people: James P. Chandler, III, Andrew W. Marshall, Richard P. O’Neill and Anthony J. Tether . . . O’Neill introduced Chandler who then facilitated the meeting the rest of the day, Marshall was silent the whole day. O’Neill was also silent after introducing Chandler . . .”
[48] Id., Sec. Nos. 19-28.
[49] Steve. R. Pieczenik. (Apr. 11, 2019). Transcription of Video: Andrew W. Marshall RIP NOT! Steve R. Pieczenik.
[50] Press Release. (Nov. 15, 2018). Serco Processes 4 Millionth Patent Application for U.S. Patent and Trademark Office. Serco.
[51] James P. Chandler, The Chandler Law Firm Chartered, Leader Technologies Director Services and Engagement Letters, Apr. 6, 2000, May 5, 2000, Mar. 01, 2001, May 25, 2001; Chandler signed a Leader Directors Services Agreement on May 5, 2000 in which he specifically committed to the Business Judgment Rule duties of diligence, loyalty, obedience, accountability, disinterestedness, due care, good faith, no abuse of discretion, e.g., “prohibited from using their position of trust and confidence to further their private interests” and “may not engage in undisclosed personal transactions of a material nature.” Sec. 1(2), 1(2)(d).
[52] U.S. Pat. No. 7,139,761, Dynamic Association of Electronically Stored Information with Iterative Workflow Changes, McKibben et al, awarded by Jon W. Dudas, Director, USPTO, Nov. 21, 2006.
[53] U.S. Pat. No. 7,925,246, Context Instantiated Application Protocol, McKibben et al, awarded by David J. Kappos, Director, USPTO, Jun. 5, 2012,
[54] U.S. Pat. No. 8,195,714, Radio/Telephony Interoperability System, McKibben et al, signed by David J. Kappos, Director, USPTO, Apr. 12, 2001.
[55] S. Hrg. 104-499 (Feb. 28, 1998). Economic Espionage Act Hearing, testimony of FBI Director Louis Freeh acknowledging James P. Chandler. U.S. Senate.
[56] Chandler, J. P. (Mar. 28, 2001). Trade Secrets and Enforcement of Intellectual Property Rights Conference. NIPLI (highlighted then Assistant Attorney General Eric H. Holder who was collaborating with Chandler on trade secrets and economic espionage cases, along with Robert S. Mueller, James B. Comey and Rod J. Rosenstein, among others).
[57] United States v. James Hsu, 155 F.3d 189 (1998) (James P. Chandler, III, for the Justice Department, and Paul Mogin, Williams & Connolly LLP, concluded the first prosecution of the Economic Espionage Act of 1996 (“EEA”) drafted by Chandler for President Bill Clinton).
[58] Petition for Writ of Certiorari (Nov. 16, 2012), Leader Technologies, Inc., v. Facebook, Inc., No. 12-617 (U.S. Supreme Court 2012) (Gibson Dunn LLP, White & Case LLP, Blank Rome LLP and Cooley Godward LLP represented Facebook and had personal relationships with Chief Justice John G. Roberts, Jr. who holds substantial Facebook financial interests, as do all of the lower court judges in this case).
[59] Graham, S. (May 23, 2014). Rader Steps Down as Chief, Apologizes for Reines Email. The Recorder.
[60] Former Patent Office Director David J. Kappos’s current law firm.
[61] James P. Chandler, John D. Podesta. (Jun. 07, 1993). Third CPSR Cryptography and Privacy Conference. Carnegie Endowment for International Peace (“to require [for the FBI] that telecommunications manufacturers and service providers redesign their systems to facilitate wiretapping.”).
[62] Chandler bio, fn. 4.
[63] Id.
[64] Id.
[65] Report of the Secretary (Mar. 14, 2001). Report of the Proceedings of the Judicial Conference of the United States. Judicial Conference (Organizer of change to mutual fund reporting rules for federal judges and judicial employees: Jan Horbaly, Fed. Cir. Executive).
[66] National Press Office. (Sep. 2, 2016). https://vault.fbi.gov/hillary-r.clinton, Part 04 of 11, p. 56, ¶1. FBI.
[67] James P. Chandler. (Jun. 5, 2002). LLNL-CRADA. CRADA No. TC-2030-01. The Regents of the University of California (Lawrence Livermore National Laboratory) under its U.S. Department of Energy Contract No. W-7405-ENG-48 and Leader Technologies, LLC for RAPIDLY DEPLOYABLE SECURITY SYSTEM, signed by Jeffrey Wadsworth for Director C. Burce Tarter. The Chandler Law Firm Chartered, PDF p. 36, Sec. 5, ¶5.
[68] Executive Order 13130, Sec. 2(1); Executive Order 13231, Secs. 1(b), 10(c).
[69] Version 2.0.1 (Aug. 29, 2002). Source code release including Leader Technologies’ inventions marked with IBM copyrights. IBM Eclipse Foundation.
[70] Kelley E. Clements. (Aug. 30, 2002). Chandler Executive Assistant Clements’ stenographer’s minutes from meetings and events surrounding meeting among James P. Chandler and Montgomery County, Maryland development officers Dave Edgerley (Director), Janis Peters and May Webster (with the knowledge of Doug Duncan, County Executive) to negotiate use of $500-1,000,000 in federal budget support for a 40,000 sf. office space facility to be used by his organization NIPLI (National Intellectual Property Law Institute), the U.S. Patent Office archives, classified material (mentions CIA) and IBM, says no involvement of Congress and even used the phrase “(kind of a ‘coup’ of sorts).”
[71] Eclipse.org Consortium. (Nov. 29, 2001). Eclipse.org Consortium Forms to Deliver New Era Application Development Tools [Press release]; See also The Eclipse Foundation (Sep. 17, 2008). The Members of Eclipse, Minutes of the Eclipse Board Meeting, Sep. 17, 2008; The Eclipse Foundation (Sep. 09, 2008). Membership Logos [Board minutes]; IBM. (2001). 2001 IBM annual report, Armonk NY, p. 21 (“We donated more than $40 million in application development tools to a new, independent, open-source software community called Eclipse.”).
[72] Executive Order 13718. (Feb. 09, 2016). Commission on Enhancing National Cybersecurity, Sec. 3(a)(ii). Barack Obama (“(ii) ensuring that cybersecurity is a core element of the technologies associated with the Internet of Things and cloud computing, and that the policy and legal foundation for cybersecurity in the context of the Internet of Things is stable and adaptable.”).
[73] Robert S. Mueller, III. (Apr. 24, 2019). Vols. I and II combined Report on the Investigation into Russian Interference in the 2016 Presidential Election, Mar. 2019. U.S. Department of Justice.
[74] U.S. Dept. of State Contract. (Sep. 26, 2009). U.S. Dept. of State Contract. (Sep. 26, 2009). Facebook pages to build an international community to discuss relevant issues of the day. Contact: Dmitry Shevelenko. Facebook Contract SAQMMA09M1870, Judicial Watch v. U.S. Dept. of State, Case No. F-2013-06356, Doc. No. C05516677, 04/03/2014.
[75] United States. Department of State. Facebook Part 2: Creating and Customizing Your Page – A field guide for missions, posts and IRCs. International Information Programs, Office of Innovative Engagement, Jun. 26, 2012. Judicial Watch v. U.S. State Department (FOIA), Doc. No. C05371175, Case No. F-2012-29278, 09/04/2013 (promotes insecure USgovernment@fb.com email use).
[76] Ref. Timeline, http://www.fbcoverup.com/docs/cyberhijack/cyber-hijack-findings.html.
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