Professional Documents
Culture Documents
Defendant Neil 1. Gillespie, individually, and as former Trustee (F.S. Ch. 736 Part TTl) of
the terminated Gillespie Family Living Trust Agreement Dated February 10, 1997 ("Terminated
Trust"), an indigent non-lawyer, unable to obtain adequate counsel, a consumer of legal and
court services affecting interstate commerce, a consumer of personal, family and household
goods and services, consumer transactions in interstate commerce, a person with disabilities, a
vulnerable adult, reluctantly appears pro se, henceforth in the first person, files Defendants'
Motion To Cancel Hearing Set For November 28. 20 16, and states:
2. Any and all requirements of the Order Scheduling Case Management Conference
entered on August 30, 2016 shall remain.
APPENDIX C
DEFENDANTS' YfOTION TO CANCEL HEARING SET FOR NOVE:VIBER 28,2016
2. This Court's Order Scheduling Case Management Conference entered on August 30,
3. On information and belief, "Any and all requirements of the Order Scheduling Case
Management Conference entered on August 30, 2016 shall remain" means the following:
ORDERED AND ADJUDGED that pursuant to Rule 1.200(a) Florida Rules of Civil
Procedure, the undersigned has scheduled a Case Management Conference in the entitled
cause for October 7,2016 at 1:30 p.m., Marion County Judicial Center, lION. W. 1st
Avenue, Third Floor, Courtroom 3B, Ocala, FL 34475. Forty-five (45) minutes reserved.
A. Counselor parties pro se shall be prepared to discuss with this Court all matters
regarding this case, including but not limited to the following:
B. Counsel or pro se party will file with the Clerk of COUI1"ervc opposing party, and
deliver a copy to the undersigned Judge's Chambers not less than -+8 hours before the
above Case Management Conference. a written statement which shall contain the
following:
1. A statement of the facts that they believe supports their claim (if Petitioner or
Plainti ff) or a statement of the facts that support the denial of the Petitioner or
Plaintiff's claims (if Respondent or Defendant);
2. Facts that they believe to be undisputed;
3. Issues of Law that should be decided by the Court;
4. A proposed discovery schedule, anticipated trial date, and anticipated time
required for trial.
C. Both parties arc directed to appear. Failure to appear at this conference or comply with
the terms of this order may result in the striking of' pleadings, or parts thereof; staying
further proceedings until compliance with this order; dismissing of the action; entry of
final judgment by default; contempt proceedings: or other appropriate sanctions.
MANAGEMENT (Exhibit 1), under Fla. R. Civ. Pro 1.090(a) Computation of Time, and Fla. R.
Jud. Admin. 2.514, Computing and Extending Time, subpart (a)(2)(C)(5) with "Any and all
requirements of the Order Scheduling Case Management Conference entered on August 30,
2016" (Exhibit 2) and part "'E" of the Order entered on August 30, 2016: "Counselor pro se
party will file with the Clerk of Court, serve opposing party, and deliver a copy to the
undersigned Judge's Chambers not less than 48 hours before the above Case Management
Conference, a written statement which shall contain the following:" (underline added)
B. Counsel or pro se party will file with the Clerk of Court, serve opposing party,
and deliver a copy to the undersigned Judge's Chambers not less than 48 hours
before the above Case Management Conference, a written statement which shall
contain the following:
1. A statement of the facts that they believe supports their elaim (if
Petitioner or Plaintiff) or a statement of the facts that support the denial of
the Petitioner or Plaintiffs claims (if Respondent or Defendant):
2. Facts that they believe to be undisputed;
3. Issues of Law that should be decided by the Court:
4. A proposed discovery schedule, anticipated trial date, and anticipated
lime required for trial.
5. "48 hours" before the Case Management Conference is 3:30 PM Friday, November 25.
2016, a legal holiday as defined by Rule 2.514(6)(A) the Friday after Thanksgiving Day.
6. The next day under rule 2.514(a)(2)(C)(5) is 3:30 PM Monday November 28,2016, the
date and time of the hearing, and not "48 hours" before the hearing.
8. Florida Rule of Judicial Administration 2.514 (Exhibit 4), states in relevant part,
(a) Computing Time. The following rules apply in computing time periods specified in
any 1U1e of' procedure, local rule, court order, or statute that does not specify a method of
computing time.
3
DEFENDANTS' \10TION TO CANCEL HEARING SET FOR NOVE\1BER 28, 2016
(5) "Next Day" Defined. The "next day" is determined by continuing to count forward
when the period is measured after an event and backward when measured before an
event.
Thanksgiving Day is November 24,2016. The Friday alter Thanksgiving is November 25,2016.
(B) any day observed as a holiday by the clerk's office or as designated by the chief
judge.
The Chief Judge of the Fifth Judicial Circuit "2016 Holiday Schedule", Exhibit 7 shows,
9. The Court has Ordered compliance of the parties at least "48 hours" before the Case
Management Conference, which is 3:30 PM Friday, November 25,2016, a legal holiday (Rule
2.514(6)(A)/Fla. Stat. 110.117) the Friday after Thanksgiving Day. The next day for compliance
under the Court's Order(s) [Exhibit 1 and Exhibit 2] under rule 2.514(a)(2)(C)(5) is 3:30 PM
4
DEFENDANTS' MOTION TO CANCEL HEARING SET FOR NOVEY1BER 28, 2016
Monday November 28, 2016, the date and time of the hearing, and not "48 hours" before the
hearing. Therefore, I move to cancel the hearing 3:30 PM Monday, November 28, 2016.
10. I move to reschedule the Case Management not sooner than 90 days [rom today, on or
Based on Defendants' First Amended Answer. the Court should dismiss this case with prejudice.
Jurisdiction
12. On information and belief, the Court lacks jurisdiction over this matter because, inter
alia, my complaint to the Consumer Financial Protection Bureau, CFPB Complaint ~o.
13. The Consumer Financial Protection Bureau (CFPBl is an agency of the United States
government responsible [or consumer protection in the financial sector. The CFPB's creation was
authorized by the Dodd-Frank Wall Street Reform and Consumer Protection Act, see,
14. Before this foreclosure commenced, I made a complaint to HUD, the U.S. Department of
Housing and Urban Development, as provided in the Reverse Mortgage Handbook 7610.01,
Section 4-19 1• HUD did not rule on my complaint, but instead sent it to the CFPB, where it was
received. Evans told CFPB investigators that they could not speak with me due to privacy rules.
Later I learned deceased persons do not have privacy. I made a complaint about Evans to the
o Ifice or Inspector General Hotline (OIG Hotline) of the Board or Governors of the Federal
15. On September 21, 2016 the OIG Hotline emailed me as follows: (Exhibit 8)
Mr. Gillespie:
Thank you for contacting the OIG Hotline and we appreciate your patience as we
reviewed your complaint in its entirety.
In the email to our office, dated February 15,2016 (below), you stated, "The Consumer
Financial Protection Bureau (CFPB) provided evidence through the attached responses to
my 2 FOIAiPA that CFPB attorney Greg Evans, and two nonlawyer CFPB employees,
Andrew Fey and K. Byron, conspired with Bank of America and corrupted CFPB
Complaint :'\ 0, 120914-000082. with a concocted CFPB closing letter].]"
*Pleasc provide any evidence you have that supports your complaint of the CFPB
working with Bank of America to yield an unfavorable resolution to your complaint.
Once submitted, 'we will review and evaluate to determine if the CFPB acted in an
improper manner or deviated from its normal process. *
Please keep in mind, that the OIG cannot provide information regarding what action has
been taken on any allegation reported to our office. However, if we need any more
supporting evidence, our office will contact you directly.
Lastly, as stated in our previous email to you, the Federal Reserve Board has no
jurisdictional authority over Bank of America, N .A., therefore, we are not the appropriate
entity to handle your complaint against the bank. You may wish to pursue a follow-up
with the OCC or seek counsel. Please note that our office is unable to investigate or
intervene in individual consumer complaints against financial institutions and the OIG
does not dispense legal advice to private citizens, nor does it act as a legal representative
for private citizens.
I I filed a copy of my HUD complaint in this Court on February 4, 2013 as part of my Motion To
Dismiss Vert/led Complaint To Foreclose Home Equity Conversion Mortgage, see Defendant's
Composite B, 240 pages, to Defendants' Motion To Dismiss.
6
DEFENDANTS' \10TION TO CANCEL HEARING SET FOR NOVEMBER 28, 2016
Thank you,
OIG Hotline
16. I responded by email to the OIG Hotline (Exhibit 9) on September 23,2016 at 1:40 AM:
OIGHotline
RE: Office of Inspector General (OIG) of the Board of Governors of the Federal Reserve
System (Board)
Dear OIGHotline,
"Please provide any evidence you have that supports your complaint of the
CFPB working with Bank of America to yield an unfavorable resolution to
your complaint. Once submitted, we will review and evaluate to determine if
the CFPB acted in an improper manner or deviated from its normal process. *
I plan a response within two-three weeks, with my affidavits and supporting documents. I
appreciate your patience.
In the meantime, attached is my PDF letter and attachments to the OIGHotiine that I
emailcd February 18.2016 to OIGHotline~?rrb.gov. The PDF letter is also posted on my
Scribd at https:/iwww.scribd.comdocument299848838/0IGHotline-Re-CFPB-to-Board
of-Govemors-of-the-Federal-Rcservc-Systcm-Fcb-18-20 16
I plan to file the foregoing with the court, RMS v Gillespie, 20 13-CA-00 115, Marion
County Florida.
Sincerely,
Neil J. Gillespie
Tel. 352-854-7807
Email: ncilgillespie@mfi.net
17. My 74 page response emailed to the OIG Hotline February 18,20] 6 appears as a separate
7
DEFENDANTS' YlOTION TO CANCEL HEARING SET FOR NOVEYlBER 28.2016
You wrote, "Our office investigates fraud, waste, and abuse of Board and CFPB
programs and operations".
The Consumer Financial Protection Bureau (CFPB) provided evidence through the
attached responses to my 2 FOIA/PA that CFPB attorney Greg Evans, and two
nonlawyer CFPB employees, Andrew Fey and K. Byron, conspired with Bank of
America and corrupted CFPB Complaint No. 120914-000082, with a concocted CFPB
closing letter March 19, 2013, in part,
"Our records indicate that we do not have proper authorization to disclose any
information to you regarding Ms. Penelope M. Gillespie's account. Bank of America
values and guards our customers' privacy and financial information and, therefore, docs
not provide customer-specific information to unauthorized third parties."
The Bank of America employees were Jason Powell, Customer Advocate, Office of the
CEO and President, and Chris Pickle, Customer Advocate, Office of the CEO and
President.
Regarding claims of privacy tor the decedent by CFPB attorney Greg Evans and Bank of
America: Privacy laws do not protect the privacy of dead people. Dead people do not
have privacy rights. Privacy rights are personal and die with the individual. Nestor v.
Posner-Gerstenhaber, 857 So. 2d 953 (Fla. Dist. Ct. App. 3d Dist. 2003), review denied,
869 So. 2d 540 (Fla. 2004). [E]even where a private confidentiality agreement is
otherwise proper, it will not be enforced where its effect becomes obstructive of the
rights of non-parties. See, e.g., Nestor v. Posner-Gcrstenhabcr, 857 So. 2d 953, 955 (Fla.
3rd DCA 2003); Scott v. Nelson, 697 So. 2d 1300, 1301 (Fla. lst DCA 1997). Quoted by
U.S. Judge John E. Steele in Tardif. Trustee (Jason Ycrk) v. PETA, USDC, SD Fla. Fort
Myers Div. Case No. 2:09-cv-537-FtM-29SPC, at the Pacer link, Case 2:09-cv-00537
JES-SPC Document 179 Filed 11/04,11 Page 14 of 31 PageID 6050
Regarding your statrnent: "Lastly, the Board does not regulate Bank of America; it is
regulated by the Office of the Comptroller of the Currency (OCC),"
8
DEFENDANTS' MOTION TO CANCEL HEARING SET FOR NOVEvlBER 28,2016
And my response: No. The OCC docs not regulate Bank of America in any meaningful
way. Bank of America regulates the government of the United States.
Bank of America regulates the government of the United States through Regulatory
Capture, see attached the Wikipedia article that refers to the Office of the Comptroller of
the Currency (OCC)
"The Office of the Comptroller of the Currency (OCC) has strongly opposed the efforts
of the 50 state attorneys general, who ha ve banded together to penalize banks and reform
the mortgage modification process, following the subprime mortgage crisis and the
financial crisis of 2008. This example was cited in The New York Times as evidence that
the OCC is "a captive of the banks it is supposed to regulate?" Also attached the New
York Times story by Joe Nocera, "An advocate who scares Republicans".
Regarding my comment about the Fed as a private concern, see attached the education
piece by the Federal Reserve Bank of San Francisco.
In conclusion, CFPB attorney Greg Evans, and two nonlawyer CFPB employees, Andrew
Fey and K. Byron, conspired with Bank of America and corrupted CFPB Complaint No.
120914-000082, with a concocted a CFPB closing letter March 19, 2013 that wrongly
denied my rights, which is under your jurisdiction. When can I expect an investigation?
J\cil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
WHEREFORE, I respectfully move this Honorable Court to cancel the hearing for
November 28,2016 at 3:30 PM because it is impossible for me to comply with the Court's
9
Service List November 22, 2016
I hereby certify the names below were served by email November 22, 2016 through the Florida
Portal, unless otherwise expressly stated.
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997; Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly
I. My name is Neil J. Gillespie. J am over eighteen years of age. This affidavit is given on
2. I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,
~-~~ 3.. ' My Florida residential homestead property is the sole asset of the Trust, property address
8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I
have lived in the property continuously and uninterruptedly since February 9, 2005, Tax JD No.
Lot(s) I, Block G, OAK RUN WOODS IDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through I 12, inclusive of the Publ ic Records of
Marion County, Florida.
4. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I transferred
the remaining trust property to the beneficiary, myself, on January 14, 2015.
5. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I hereby
terminate the Trust as provided by Fla. Stat. § 736.0414, and Article Y, the Trust. The total fair
market value of the assets of the Trust is zero. The Trust served its intended purpose of
After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property
The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
1=\...t>L
.
by Neil 1. Gillespie, who is personally known to me, or who has produced
tt~u lIao Slo
.
Cfi"as0
identification and states that he is the person who made this affidavit and that its contents are
......... ......
~y ~ r
Notary Public Slate 01Florida
(SEAL) Angelica Cruz
My Commission EE067985 NOTAR UBLIC
h
expiru 0212712015
~
iC9- LyLlL
Print Na of Notary Public
APPENDIX OF EXHIBITS
THIS CAUSE came before the court upon its 0\'1'11 Motion. The Court having a
scheduling conflict for the date of Case Management Conference on November 22, 2016 at 2:00
ORDERED:
2:00 p.m., is hereby rescheduled to November 28, 2016 at 3:30 p.m., Marion
County Judicial Center, 110 :"J. W. 1st Avenue, Third Floor, Courtroom 3B.
Page 10f2
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact ADA Coordinator, Marion
County Judicial Center, 110 N.W. I" Avenue, Ocala, Florida 34475 or (352)
401-6710 at least at least 7 days before your scheduled court appearance, or
immediately upon receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice impaired, call
711.
IF YOU NEED AN INTERPRETER! SI NECESITA UN INTERPRETE
No later than ten (l0) days prior to the scheduled court hearing, if an interpreter is
needed, the person requiring the interpreter's services must request an appropriate court
interpreter for the hearing via the Fifth Circuit website:
http://www.circuit5.org/c5/court-interpreter-request-form/
Should tile party requesting tile interpreter fail to appear at the court hearing, that
party may be responsiblefor the costs ofthe interpreter's appearance. Additional information
on Court Interpreting Services is located at www.circuiti.org under the Programs & Services
section.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been provided to the
following by U.S. and/or electronic mail on this L±-day of-Oeteber, 2016:
IV () I
./
Order Rescheduling Case Management Conference
IN THE CIRCUIT COURT, FIFTH JUDICIAL CIRCUIT 7nl~, we ') I
IN AND FOR MARION COUNTY, FLORIDA c.v s v prJ,-, d A~lll: 30
, ,
ORDERED AND ADJUDGED that pursuant to RJlle 1~.40Q(a) Florida Rules of Civil
Procedure, the undersigned has scheduled a Case Management.Conference ig the entitled cause
for October 7,2016 at 1:30 p.m., Marion County Judicial Center, 110 N.W. ~"t Avenue, Third
. " "
. .. .. . ' '; .
A. Counselor parties pro se shall be prepared to discuss with this Court all matters
2. Set or reset the time of hearings and trials; coordinate the progress of the
action; limit schedule, order or expedite discovery; schedule motions in
limine;
B. Counselor pro se party will file with the Clerk of Court, serve opposing party,
and deliver a copy to the undersigned Judge's Chambers not less than 48 hours before the above
Case Management Conference, a written statement which shall contain the following:
Page 1 ers
1. A statement of the facts that they believe supports their claim (if Petitioner
or Plaintiff) or a statement of the facts that support the denial of the
Petitioner or Plaintiff's claims (if Respondent or Defendant);
2. Facts that they believe to be undisputed;
comply with the terms of this order may result in the striking of pleadings, or parts
thereof; staying further proceedings until compliance with this. order; dismissing of the
sanctions.
Page 2 ers
No later than ten (10) days prior to the scheduled court hearing, if an interpreter is
needed, the person requiring the interpreter's services must request an appropriate court
interpreter for the hearing via the Fifth Circuit website:
http://www. circuit5.orgle5/court-interpreter-request-form/
Si la parte que pide un interprete no comparece en la.audiencia judicial, puede que
aquella parte se le imponga el costo de la comparecencia del interpT,ete. Informacion
adicional acerca de los Servicios de Interpretacion Judicial estdn dispoilible en el sitio web
www.circuits.org bajo la seccidn titu!ada"Programs & Services. " "
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been provided to the
following by u.s.rruill on this ~ day of August, 2016:
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997; Terminated Trust, February 2,2015
th
8092 SW 115 Loop
Ocala, FL 34481
Neil J. Gillespie
th
8092 SW 115 Loop
Ocala, FL 34481
Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, EX 76123
Page 4 of4
(d) For Motions. A copy of any written motion which may not be heard
ex parte and a copy of the notice of the hearing thereof shall be served a reasonable
time before the time specified for the hearing.
E-mail Address
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing motion
was served by mail to PHV Admissions, The Florida Bar, 651 East Jefferson
Street, Tallahassee, Florida 32399-2333 accompanied by payment of the $250.00
filing fee made payable to The Florida Bar, or notice that the movant has requested
ajudicial waiver of said fee; and by (e-mail) (delivery) (mail) (fax) to (name of
attorney or party if not represented)
Movant
(A) exclude the day of the event that triggers the period;
(C) include the last day of the period, but if the last day is a
Saturday, Sunday, or legal holiday, or falls within any period of time extended
through an order of the chief justice under Florida Rule of Judicial Administration
2.205(a)(2)(B)(iv), the period continues to run until the end of the next day that is
not a Saturday, Sunday, or legal holiday and does not fall within any period of time
extended through an order of the chief justice.
(3) Period Stated in Days Less Than Seven Days. When the
period stated in days is less than 7 days, intermediate Saturdays, Sundays, and
legal holidays shall be excluded in the computation.
(A) the day set aside by section 110.117, Florida Statutes, for
observing New Year's Day, Martin Luther King, Jr.'s Birthday, Memorial Day,
Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after
Thanksgiving Day, or Christmas Day, and
O nli ne h.
Suns nine
Select Year: 2016 Go
these holidays falls on Sunday, the following Monday shall be observed as a holiday.
(2) The Governor may declare, when appropriate, a state day of mourning in observance of the death of a
(3) Each r.nl-tirne employee is entitled to one personal holiday each year. Each part-time employee is
entitled to a personal holiday each year which shall be calculated proportionately to the personal holiday
allowed to a full-time employee. Such personal holiday shall be credited to eligible employees on July 1 of
each year to be taken prior to June 30 of the following year. Members of the teaching and research faculty of
the State University System and administrative and professional positions exempted under s. 110.205(2)(d) are
History.-s. 20, ch. 79-190; s , 1, ch. 80-331; s . 1, ch. 88-63; s , 16, ch. 92-279; s , 55, ch. 92-326; s. 8, ch. 94-113; s , 5, ch. 96-399_
----------------------------------------------,
-,
OFFICE HOURS
Tbe Marion County Clerk's Office is open from 8:00 am to 5:00 prn, Monday through Friday. The holiday schedule is as follows:
Holiday Date
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Judges, Judicial Assistants and Court Administration State employees in the Fifth Judicial Circuit for the
In accordance with 4.07(2), Chief Judge Don F. Briggs has designated Friday, December 23,2016 as his one
discretionary holiday.
In accordance with 4.07(3), the Chief Judge has also designated Good Friday, Rosh Hashanah and Yom
Each court employee occupying an established position with a minimum of six months of service with
state government is authorized one personal leave day each fiscal year.
As set out in the State Courts' Personnel Regulation 4.07, the following are designated holidays for the
Judges, Judicial Assistants and Court Administration State employees in the Fifth Judicial Circuit for the
calendar year 2017:
In accordance with 4.07(2), Chief Judge Don F. Briggs has designaled Monday, July 3, 2017 as his one
discretionary holiday.
In accordance with 4.07(3), the Chief Judge has also designated Good Friday, Rosh Hashanah as legal
() holidays. (Yom Kippur falls on a Saturday for the year 2017)
ch court employee occupying an established position with a minimum of six months of service with
t state government is authorized one personal leave day each fiscal year.
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Page I of 5
Neil GillesP.!;,e..- _
Subject: RE: Office of Inspector General (OIG) of the Board of Governors of the Federal Reserve System
(Board)
Mr. Gillespie:
Thank: you for contacting the OIG Hotline and we appreciate your patience as we reviewed your complaint in its
entirety.
In the email to our office, dated February 15,2016 (below), you stated, "The Consumer Financial Protection
Bureau (CFPB) provided evidence through the attached responses to my 2 FOIA/PA that CFPB attorney
Greg Evans, and two nonlawyer CFPB employees, Andrew Fey and K. Byron, conspired with Bank of
America and corrupted CFPB Complaint No. 120914-000082, with a concocted CFPB closing letter
[.]"
"Please provide any evidence you have that supports your complaint of the CFPB working with
Bank of America to yield an unfavorable resolution to your complaint. Once submitted, we will
review and evaluate to determine if the CFPB acted in an improper manner or deviated from its
normal process. *
Please keep in mind. that the OIG cannot provide information regarding what action has been taken on any
allegation reported to our office. However, if we need any more supporting evidence, our office will contact you
directly.
Lastly, as stated in our previous email to you, the Federal Reserve Board has no jurisdictional authority over l3ank
of America, N.A., therefore, we are not the appropriate entity to handle :.our complaint against the bank. You may
wish to pursue a follow-up with the oee or seek counsel. Please note thai our office is unable to investigate or
intervene in individual consumer complaints against financial institutions and the OIG does not dispense legal
advice to private citizens, nor does it act as a legal representative for private citizens.
Thank you,
OTG TIotline
To: The 0 fficc of Inspector General (OIG) of the Board of Governors of the Federal Reserve System
(Board):
9/22;20 I ()
Page 2 of 5
This is a follow-up to my email response to your February 5, 2016 email, sec below.
You wrote, "Our office investigates fraud, waste, and abuse of Board and CFPB programs and
operations".
The Consumer Financial Protection Bureau (CFPB) provided evidence through the attached responses to
my 2 FOIAJPA that CFPB attorney Greg Evans, and two nonlawyer CFPB employees, Andrew Fey and
K. Byron, conspired with Bank of America and corrupted CFPB Complaint No. 120914-000082, with a
concocted CFPB closing letter March 19, 2013, in part,
"Our records indicate that we do not have proper authorization to disclose any information
to you regarding Ms. Penelope M. Gillespie's account. Bank of America values and
guards our customers' privacy and financial information and, therefore, does not provide
customer-specific information to unauthorized third parties."
The Bank of America employees were Jason Powell, Customer Advocate, Office of the CEO and
President, and Chris Pickle, Customer Advocate, Office of the CEO and President.
Regarding claims of privacy far the decedent by CFPB attorney Greg Evans and Bank of America:
Privacy laws do not protect the privacy of dead people. Dead people do not have privacy rights. Privacy
tights are personal and die with the individual. Nestor v. Posncr-Gerstenhaber, 857 So. 2d 953 (Fla. Dist.
Ct. App. 3d Dist. 2003), review denied, 869 So. 2d 540 (Fla. 2004). [E]evcn where a private
confidentiality agreement is otherwise proper, it will not be enforced where its effect becomes
obstructive of the rights of non-parties. See, e.g., Nestor v. Posncr-Gerstenhabcr, 857 So. 2d 953, 955
(Fla. 3rd DCA 2003); Scott v. Nelson, 697 So. 2d 1300, 130 I (Fla. 15t DCA 1997). Quoted by U.S.
Judge John E. Steele in Tardif, Trustee (Jason Yerk) v. PETA, USDC, SO Fla. Fort Myers Div. Case
No. 2:09-cv-537-FtM-29SPC, at the Pacer link, Case 2:09-ev-00537-JES-SPC Document 179 Filed
II 04 II Page 14 on I PagcID 6050
Regarding your statment: "Lastly, the Board docs not regulate Bank of America; it is regulated by the
Office of the Comptroller ofthe Currency (OCC),"
And my response: No. The OCC docs not regulate Bank of America in any meaningful way. Bank of
America regulates the government of the United States.
Bank of America regulates the government of the United States through Regulatory Capture, see
attached the Wikipedia article that refers to the Office of the Comptroller of the Currency (OCC)
"The Office of the Comptroller of the Currency (OCC) has strongly opposed the efforts of the 50 state
attorneys general, who have banded together to penalize banks and reform the mortgage modification
process, following the subprirne mortgage crisis and the financial crisis of 2008. This example was cited
in The New York Times as evidence that the OCC is "a captive of the banks it is supposed to regulate?"
Also attached the New York Times story by Joe Nocera, "An advocate who scares Republicans".
Regarding my comment about the Fed as a private concern, sec attached the education piece by the
Federal Reserve Bank of San Francisco.
In conclusion, CFPB attorney Greg Evans, and two nonlawyer CFPB employees, Andrew Fey and K.
Byron, conspired with Bank of America and corrupted CFPB Complaint No. 120914-000082, with a
concocted a CFPB closing letter March 19, 2013 that wrongly denied my rights, which is under your
9/22/2016
Pagc Lof S
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Thank you for your email. r respectfully disagree as set forth below.
RE: "Please note, the OIG does not dispense legal advice to private citizens, nor does it act as a legal
representative for private citizens."
Without diligent, competent, and conflict-free legal counsel, 1 am unable to know (legally) if the
information provided is helpful. I am unable to obtain counsel. On its face, the OIG simply made
referrals to other government agencies.
RE: "Lastly, the Board does not regulate Bank of America: it is regulated by the Office of the
Comptroller of the Currency (OCC),"
No. The acc does not regulate Dank of America in any meaningful way. Bank of America regulates the
government of the United States. In a capitalist system, the market should regulate Bank of America. In
the fall or 2008 the market rejected Bank of America, and a number of other bad banks and bad financial
institutions. The market worked. Unfortunately of the Board of Governors of the Federal Reserve
System (Board) usurped the market, along with co-conspirators, and wrongly saved, by taxpayer bailout,
Bank of America from the regulating capitalist market. The Board became a Communist politburo to
pick winners (banks and financial institutions) and losers (The People) in its vision of a planned
economy. The Board has doomed The People of the United States through capitulation to banks and
financial institutions and resulting treasonous interference with the capitalist economic system. That is
how Bank of America regulates the government of the United States, and the Board, which is a private
concern. Has the Board and the Federal Reserve Bank/System agreed to an independent audit?
Neil J. Gillespie
Mr. Gillespie:
The Office of Inspector General (OIG) of the Board of Governors of the Federal Reserve
9/22/2016
Page 4 of 5
System (Board) and the Consumer Financial Protection Bureau (CFPB) has received your
December 23, and 27, 2015, e-mails regarding consumer issues with Amazon and its
vendors and Bank of America. Our office investigates fraud, waste, and abuse of Board and
CFPB programs and operations. Your matter does not appear to fall under the purview of our
office; additionally, we are unable to investigate or intervene in individual consumer matters
against financial institutions. While it does not appear the OIG can assist you with this
matter, we have researched various points of contact to better assist you. Please note, the
OIG does not dispense legal advice to private citizens, nor does it act as a legal
representative for private citizens.
If you have not done so already, you may wish to contact the CFPB's Ombudsman's Office;
an independent, impartial, and confidential resource to help resolve process issues arising
from CFPB activities. They may be reached at
If you would like to report fraud, waste, or abuse related to the programs or operations of
the Board or CFPS, you may contact us via mail, email, fax, or phon- It the following
Lastly, the Board does not regulate Bank of America; it is regulated by the Office of the
Comptroller of the Currency (OCC), which is a branch of the Department of the Treasury.
Individuals can obtain information about, or file a formal complaint against a national bank,
such as Bank of America, by contacting the OCC Customer Assistance Unit. They may be
reached at the following
9/22/2016
Page 5 or 5
OIG Hotline
9/221201 ()
Pagc l ofo
Neil Gillespie
OIGHotline
RE: Office of Inspector General (OIG) of the Board of Governors of the Federal Reserve System
(Board)
Dear OIGHotline,
"Please provide any evidence you have that supports your complaint of the CFPB working with
Bank of America to yield an unfavorable resolution to your complaint. Once submitted, we will
review and evaluate to determine if the CFPB acted in an improper manner or deviated from its
normal process. *
I plan a response within two-three weeks, with my affidavits and supporting documents. I appreciate
your patience.
In the meantime, attached is my PDF letter and attachments to the OIGHotline that I cmailcd February
18,2016 to OIGHotlineCilfrb.goY. The PDF letter is also posted on my Scribd at
I plan to file the foregoing with the court, RMS v Gillespie, 20 13-CA-OO 115, Marion County Florida.
Sincerely,
Neil 1. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
m
Mr. Gillespie:
Th(~nk you for contacting the OIG Hotline and we appreciate your patience as we reviewed your complaint in its
entirety
11/22/2016
Pagc:2 01'6
In the email to our office, dated February IS, 2016 (below), you stated. "The Consumer financial Protection
Bureau (CFPS) provided evidence through the attached responses to my 2 FOIAiPA that CFPS
attorney Greg Evans, and two nonlawyer CFPS employees, Andrew Fey and K. Byron, conspired
with Bank of America and corrupted CFPB Complaint No. 120914-000082, with a concocted
CFPS closing letter[.]'"
"Please provide any evidence you have that supports your complaint ofthe CFPB working with
Bank of America to yield an unfavorable resolution to your complaint. Once submitted, we will
review and evaluate to determine if the CFPB acted in an improper manner or deviated from its
normal process. *
Please keep in mind, that the OIG cannot provide information regarding what action has been taken on any
allegation reported to our office. However, if we need any more supporting evidence, our office will contact you
directly.
Lastly, as stated in our previous email to you, the Federal Reserve Board has no jurisdictional authority over
Bank ofAmerica, N.A., therefore, we are not the appropriate entity to handle your complaint against the bank.
You may wish to pursue a follow-up with the oee or seek counsel. Please note that our office is unable to
investigate or intervene in individual consumer complaints against financial institutions and the OIG does not
dispense legal advice to private citizens, nor does it act as a legal representative for private citizens.
Thank you,
OlG Hotline
To: The Office ofInspector General (OIG) of the Board of Governors of the Federal Reserve System
(Board):
This is a follow-up to my email response to your February 5,2016 email, see below.
You wrote, "Our office investigates fraud, waste, and abuse of Board and CFPS programs and
operations" .
The Consumer Financial Protection Bureau (CFPB) provided evidence through the attached responses
to my 2 FOIA/PA that CFPB attorney Greg Evans, and two nonlawyer CFPS employees, Andrew Fey
an.d K. Byron, conspired with Bank of America and corrupted CFPB Complaint No. 120914-000082,
WIth a concocted CFPB closing letter March 19,2013, in part,
"Our records indicate that we do not have proper authorization to disclose any information
1 1/77 I')(l! h
Page 3 of 6
to you regarding Ms. Penelope M. Gillespie's account. Bank of America values and
guards our customers' privacy and financial information and, therefore, does not provide
customer-specific information to unauthorized third parties."
The Bank of America employees were Jason Powell, Customer Advocate, Office of the CEO and
President, and Chris Pickle, Customer Advocate, Office of the CEO and President.
Regarding claims of privacy for the decedent by CFPB attorney Greg Evans and Bank of America:
Privacy laws do not protect the privacy of dead people. Dead people do not have privacy rights.
Privacy rights are personal and die with the individual. Nestor v. Posner-Gerstenhaber, 857 So. 2d 953
(Fla. Dist. Ct. App. 3d Dist. 2003), review denied, 869 So. 2d 540 (Fla. 2004). [E]cven where a private
confidentiality agreement is otherwise proper, it will not be enforced where its effect becomes
obstructive of the rights of non-parties. See, c.g., Nestor v. Posner-Gerstenhaber, 857 So. 2d 953, 955
(Fla. 3rd DCA 2003); Scott v. Nelson, 697 So. 2d 1300, 1301 (Fla. 1st DCA 1997). Quoted by U.S.
Judge John E. Steele in Tardif, Trustee (Jason Yerk) v. PETA, USDC, SO Fla. Fort Myers Div. Case
No. 2:09-cv-537-FtM-29SPC, at the Pacer link, Case 2:09-cv-00537-JES-SPC Document 179 Filed
1104.11 Page 14 oC31 PageID 6050
Regarding your statment: "Lastly, the Board docs not regulate Bank of America; it is regulated by the
Office of the Comptroller of the Currency (OCC),"
And my response: No. The OCC does not regulate Bank of America in any meaningful way. Bank of
America regulates the government of the United States.
Bank of America regulates the government of the United States through Regulatory Capture, see
attached the Wikipcdia article that refers to the Office of the Comptroller ofthe Currency (OCC)
"The Ol'ilce of the Comptroller ofthe Currency (OCC) has strongly opposed the efforts of the 50 state
attorneys general, who have banded together to penalize banks and reform the mortgage modification
process, following the subprirne mortgage crisis and the financial crisis of 2008. This example was
cited in The New York Times as evidence that the OCC is "a captive of the banks it is supposed to
regulate?" Also attach cd the New York Times story by Joe Nocera, "An advocate who scares
Republicans".
Regarding my comment about the Fed as a private concern, see attached the education piece by the
Federal Reserve Bank of San Francisco.
In conclusion, CFPB attorney Greg Evans, and two nonlawyer CFPB employees, Andrew Fey and K.
Byron, conspired with Bank of America and corrupted CFPB Complaint No. 120914-000082, with a
concocted a CFPB closing letter March 19,2013 that wrongly denied my rights, which is under your
jurisdiction. When can I expect an investigation?
Neil J. Gillespie
8092 SW 1 I5th Loop
Ocala, Florida 34481
11/1,);,){)lh
Page 4 of6
Thank you for your email. I respectfully disagree as set forth below.
RE: "Please note, the OIG does not dispense legal advice to private citizens, nor does it act as a legal
representative for private citizens."
Without diligent, competent, and conflict-free legal counsel, I am unable to know (legally) if the
information provided is helpful. I am unable to obtain counsel. On its face, the OIG simply made
referrals to other government agencies.
RE: "Lastly, the Board does not regulate Bank of America; it is regulated by the Office of the
Comptroller of the Currency (OCC),"
No. The OCC does not regulate Bank of America in any meaningful way. Bank of America regulates
the government of the United States. In a capitalist system, the market should regulate Bank of
America. In the fall of 2008 the market rejected Bank of America, and a number of other bad banks
and bad financial institutions. The market worked. Unfortunately of the Board of Governors of the
Federal Reserve System (Board) usurped the market, along with co-conspirators, and wrongly saved,
by taxpayer bailout. Bank of America from the regulating capitalist market. The Board became a
Communist politburo to pick winners (banks and financial institutions) and losers (The People) in its
vision of a planned economy. The Board has doomed The People of the United States through
capitulation to banks and financial institutions and resulting treasonous interference with the capitalist
economic system. That is how Bank of America rcgu lnes the government of the United States, and the
Board, which is a private concern. Has the Board ~111d the Federal Reserve Bank System agreed to an
independent audit?
Neil J. Gillespie
Mr. Gillespie
The Office of Inspector General (OIG) of the Board of Governors of the Federal Reserve
System (Board) and the Consumer Financial Protection Bureau (CFPB) has received your
December 23, and 27, 2015, e-mails regarding consumer issues with Amazon and its
vendors and Bank of America. Our office investigates fraud, waste, and abuse of Board
and CFPB programs and operations. Your matter does not appear to fall under the purview
of our office; additionally, we are unable to investigate or intervene in individual consumer
matters against financial institutions. While it does not appear the OIG can assist you with
this matter, we have researched various points of contact to better assist you. Please note,
11 /22//() 1()
Page 5 or 6
the OIG does not dispense legal advice to private citizens, nor does it act as a legal
representative for private citizens.
If you have not done 50 already, you may wish to contact the CFPS's Ombudsman's Office:
an independent, impartial, and confidential resource to help resolve process issues arising
from CFPB activities. They may be reached at:
If you would like to report fraud, waste, or abuse related to the programs or operations of
the Board or CFPB, you may contact us via mail, email, fax, or phone at the following:
Lastly, the Board does not regulate Bank of America; it is regulated by the Office of the
Comptroller of the Currency (OCC), which is a branch of the Department of the Treasury.
Individuals can obtain information about, or file a formal complaint against a national
bank, such as Bank of America, by contactinq the OCC Customer Assistance Unit. They
may be reached at the followinq
11/?)/')O\fl
Page 6 or 6
OIG Hotline
11/22/2016