Jim Staley’s prison blog went live a few days ago. In my opinion, it is nothing more than a vain attempt to white-wash his actions and to distract from the real issues; being sent to jail because he broke the law.
In reading his blog posts you’ll notice a complete lack of remorse for his victims. Not surprising seeing that he has been denying personal responsibility since he plead guilty. Something that can be easily disproven when doing your own fact checking.
In his posts, Jim comes across as prideful and conceited. Further feeding his delusions of grandeur as the self appointed leader of a future 2.5 million person congregation. Each post seems to be focused on how much God favors him and how incredibly spiritual he has become. Which is very hypocritical for someone who has been downplaying the severity of his crimes and passing them off as mistakes comparable to “running a stop sign.”
I believe that if he were genuinely repentant, his posts would be much more apologetic and remorseful in nature. But instead Staley has been trying to pass himself off as some sort of martyr.
Late last year Jim wrote Judge Webber claiming that he was “not subject to the jurisdiction of the “United States.” These statements are very similar to something a teen would say to his parents, “You can’t ground me, you’re not my boss!”
In this post I will attempt to directly address some of the statements Staley made on his blog. The following quotes have been taken from various posts. Let’s begin.
“I myself still have days wondering how on earth I have gotten myself to the place where I am today.”
He got himself there by defrauding the elderly out of millions of dollars of their life savings and then lying to cover it up.
“Going through “the system” is not something I have ever anticipated on having to go through…”
What about the financial lives he ruined and those who were affected? Did he anticipate them having to go through their hardships? Did he care while living in his lavish 1.5 million dollar home while his victims were left on food-stamps, unable to pay their medical bills, all while creating financial “mechanisms” so that he could avoid paying restitution to the victims??
“After 5 years of explosive international growth, a television studio nearly finished, and moving toward bringing Torah to the Nations, I had to ask myself…”Father, what on earth are you doing bringing all of this to a halt?” It would not be until months after I arrived here that I would understand what a brilliant chess move He had made. This was not Yahweh turning His back on my. He was turning His face TOWARD me!”
God didn’t send him to prison, HE sent HIMSELF to prison. The consequences he faced are a direct result of his lawless, self centered actions. When you shoot yourself in the foot, don’t attribute the resulting flesh-wound to a divine act of God.
“Now I understand why much of the Bible was written by those who were sent to prison. Joseph HAD to go to prison because he was called but not qualified. Prison would be that training that would ultimately lead him to his destiny.”
Except for the fact that Joseph, Paul and others were placed in prison for righteousness sake, not for chasing after filthy lucre. They were innocent, and in most cases under persecution. The same cannot be said for Jim Staley. He is facing the consequences of his actions.
This isn’t the first time Jim has compared himself to a biblical patriarch. Jim is always trying to make himself out to be someone special. In the past he has compared himself to Joseph, Moses and even Christ himself. Here’s an audio recording where Staley claimed he would have a larger congregation than Moses, “over 2.5 million.”
“If I would have known then what I know now, I would not have shed a single tear….This is truly the best thing that has ever happened to me, to my family and to PFT.”
So being stripped from his family for 7 years is the best thing that has ever happened to him? Not his wedding or the birth of his kids? It was being sent to jail for breaking the law? How absurd!
“Being in this prison camp for a while now, I’ve had the chance to meet a lot of people and hear many of their stories. And I have to admit: I have come away hanging my head in disbelief at how naive I really was about who some of these “prisoners” really are. I’ve come to learn that there are two different ways people can get sent to prison. One is by breaking the law and immediately giving the authority of that jurisdiction the right to incarcerate you after going through the legal process. The other way is you did not really break the law, but at least two people say you did, and you will, no doubt, still end up in prison. This is called a conspiracy. If you let your neighbor borrow your truck and he decides to load it down with a thousand pounds of pot and gets caught, as long as he has a friend who is willing to go along with the story that you were the one who sold them the pot…you’re going to prison for 15 years. (True story.)”
Of course they would all claim innocence, they’re lying criminals just like himself! Did he not learn nothing from watching the TV show “Cops”? The thugs would always act like they had no idea how the drugs got in their car or on their person. Always the same sob story. Similar to when Staley acted when he was caught; as though he didn’t know that his insurance product was a risky investment, even after the cease and desist when he continued to sell the product after the State informed him that he was making bogus statements to his clients. But his high profile lifestyle was just too important for any of that. According to victim statements, Staley presented his investment product as being “risk free” with “a guarantee of 40 percent return,” despite the product type having made Missouri’s List of Top 10 Threats to Investors 2007 a year earlier (See number 8 and 10).
“There are at least a dozen cases in here just like this and they are heart-wrenching for sure. it is possible for innocent people to be incarcerated and stripped from their families in the blink of an eye.”
Jim is most likely referring to himself here. On a live web-cast after having plead guilty, Staley denied personal responsibility and attributed his crime to simply being at the wrong place at the wrong time, and then went on to compare himself to the biblical Joseph, claiming that his situation was “very similar.” At Jim’s sentencing, US attorney Dianna Collins corrected Jim him by saying, “No the VICTIMS were in the wrong place at the wrong time.”
“Do you feel like you might be in prison in an area of your life? Personally, I have never been so free. Going to prison saved my life, my family, and PFT. And I didn’t even know it. Where the enemy laughed when he got me in here, he is now beginning to get nervous.”
Is Jim himself free? Or is he in bondage to people pleasing and the love of money? What are his real motivations for creating a blog to remind everyone of how spiritual and favored he is?
I do not believe Staley has the moral high ground, nor is he in a place to be teaching others how to break free from their “prison.” He needs to remove the beam in his own eye before he helps others with their speck.
In another blog post, referring to a vision, Staley wrote,
“…he looked up and with his eyes open he saw two demons that were dressed as what he described as generals. He said that they were of great rank and authority….That night, when I ASKED, He revealed to me that the two demonic spirits (generals) where assigned to me at birth to thwart me from my calling. They had been “working among me” my entire life to take me down and keep this message under the hood, so to speak.”
Jim is so special that Satan has to send two of his top generals to stop him. In reality Jim is his own worst enemy.
He goes on to say…
” …God has turned around and made me 100 times stronger. He said that this time of major heart surgery and training will make me so strong that they (the demonic generals) will have no influence in my life any longer. That will drive fear into their hearts when they have to report to their boss that in the process of trying to destroy me they allowed God to make me so strong that they can’t stop me anymore.”
That sort of talk sounds oddly familiar…
Can you feel the immense power that is Jim Staley?
The narcissistic banter doesn’t end there…
“He said that what the enemy is stealing from me, He is requiring from the enemy. When the enemy takes something from me, God is requiring him to invest it into His bank with tremendous interest. And there will come a day when all will be returned at such an increase that it will be as not a beat was missed. (The story of Job came to my mind).”
How predictable. While stroking his own inflated ego, he goes on to compare himself to the prophet Job. Staley is making himself out to be a righteous victim, yet ironically he’s the one who stole money through a deliberate act of fraud… According to scripture, Jim is the one who owes interest and he should be paying restitution to the victims.
Leviticus 6:1-5 Then the Lord spoke to Moses, saying, 2 “When a person sins and acts unfaithfully against the Lord, and deceives his companion in regard to a deposit or a security entrusted to him,or through robbery, or if he has extorted from his companion, 3 or has found what was lost and lied about it and sworn falsely, so that he sins in regard to any one of the things a man may do; 4 then it shall be, when he sins and becomes guilty, that he shall restore what he took by robbery or what he got by extortion, or the deposit which was entrusted to him or the lost thing which he found, 5 or anything about which he swore falsely; he shall make restitution for it in full and add to it one-fifth more. He shall give it to the one to whom it belongs on the day he presents his guilt offering.”
To date Jim has only paid $1,950 in restitution while making 10K per month, and having lived in a 1.5 million dollar parsonage, according to US District Attorney Dianna Collins at Staleys sentencing hearing.
“Where the enemy laughed when he got me in here, he is now beginning to get nervous. This imprisonment has only INCREASED my faith, INCREASED my strength, and INCREASED my JOY! It took a few minutes for the dust to settle, but once I could get my legs underneath me, I was able to see the strategy that the Father was using. He is a long-term player. And this was His best chess move yet.”
These few sentences are just oozing with pride and self-delusion. The arrogance of claiming that the enemy is “beginning to get nervous” is another example of his conceited, self-absorbed personality. Luke 10:20 says “do not rejoice that the spirits submit to you, but rejoice that your names are written in heaven.”
What kind of God does Jim think he’s serving? Breaking the law and going to prison was not God’s “best chess move yet,” God would have rather Jim walked in obedience and humility from the get go. He did not send Jim to prison as part of a divine strategy for spiritual training; Jim went to prison because he broke the law. And because Staley has remained impenitent, denying personal responsibility for his crimes, he is in no position to be passing himself off as a spiritual authority. Until Staley repents, comes clean and makes FULL TESHUVAH and gives FULL DISCLOSURE, he will not be right with the Father. Sadly, it may take 7 years for God to break him down.
Pastor Jim Staley made ThinkAdvisor‘s list of 12 worst financial Advisors in America. In 2015 Staley was sentenced to 7 years of prison for bilking 16 elderly investors out of $3.4 million in order to get 20% in commission for himself.
According to victim statements, Staley presented his investment product as being “risk free” with “a guarantee of 40 percent return,” despite the product type having made Missouri’s List of Top 10 Threats to Investors 2007 a year earlier (See number 8 and 10). In other words, it was widely known to be one of the riskiest type of investment products on the market. Hence, it would be extremely naive to believe he acted without criminal intent to defraud.
On April 30, 2015, Jim Staley plead guilty before a Federal judge to 4 counts of wire fraud and to willfully and knowingly engaging in an investment scheme between 2008 and 2010. Staley admits that he carried out this scheme through a number of materially false and fraudulent statements to induce potential investors. He also admitted that he continued to sell the product AFTER the Missouri cease and desist and that he was fully aware that his clients would lose all the money they had invested.
As featured in the audio player below, Staley was recently mentioned on NewsRadio 1120 KMOX – on the Mutual Fund Show segment “Worst Investors of 2015.” (Skip ahead to the 3:55 mark for Jim Staley’s mention)
Assistant U.S. Attorney Dianna Collins said that Staley’s victims were elderly, and some invested because he was a “nice religious man” who referred to at least several by endearing terms such as “Grandma.”
“Seniors tend to be more trusting and give people the benefit of the doubt, particularly people who hold themselves out as religious leaders,” Collins said.
During Staley’s sentencing, victim N.S. said Jim Staley had been characterized by the defense as a good Christian and good family man, “but he is neither.” She said that Staley had asked her to lie to the FBI to cover up his misdeeds, but she refused. She lost over $600,000 and has to date received only $407 in restitution.
Victim C.B. said her parents lost $325,000, which was their entire life savings and now cannot provide for themselves, cannot provide for their food, housing, or their medical expenses. They are on food stamps and Medicaid.
Victim W.F. talked about the fact that Jim Staley targeted seniors, with devastating impact, that his actions were no accident, but were calculated to prey upon the elderly.
Another victim talked about that she had recently been widowed when Staley approached her and told her he was “there to help.” She now suffers from anxiety issues and total lack of trust of other people.
The judge had read one letter which said that Jim Staley had sold this “investment” to an elderly man who had diminished mental capacity due to the onset of dementia. The judge read repeatedly that the seniors now could not care for themselves and are on food stamps and Medicaid.
All the speakers spoke of the devastating effect of losing their life savings, the huge taxes they were assessed for cashing in annuities and IRAs before they were supposed to, and said that Staley never mentioned what they would be losing by doing so.
Prosecutor Dianna Collins said that she had met with each and every victim and had heard over and over how they met Jim, how they trusted him, how they were manipulated and betrayed by him, and he stole from them their life savings. She said the main question they asked her was always, “When am I going to get my money back?” In answer, she clearly stated to them that she was sorry to tell them , but they were probably NEVER going to get their money back. She said she believes that Jim has never had and will never have any interest in restitution. She referenced the restitution order of 2011, which was for repayment of $2.9 MILLION and announced that to date, only $1,950 had been paid in restitution, with only $50 being paid in 2015.
She stated that Jim Staley has an income from PFT of $10K per month, but that he has set up mechanisms so that he can use the money but it is never officially his, just so he will not have to pay restitution. She also mentioned that PFT pays the rent on his (1.5 million dollar) house.
In an online forum, a Christian watch-dog group has pointed out that the Missouri Business Filing website no longer list Passion for Truth being registered in Jim Staley’s name. The term was cancelled, and in 2010 it was registered under a Totra, Matthew C.
A second “Passion for Truth Fellowship-Castle Rock” was registered in 2013 under Donn H. Herring, a lawyer located in the St.Louis area.
Could this have something to do with what US Attorney Collins mentioned about the “mechanisms” Staley put in place so that he doesn’t have to pay restitution, all the while living in a disgustingly expensive 1.5 Million dollar church parsonage?
Staley was arrested on October 2, 2015, eighteen days before his incarceration date. He is currently located at USP Marion as inmate #41812-044. It is rumored that he was detained several weeks early because he became a flight risk on account of the bizarre letter he sent government officials in which he claimed that he is “outside the jurisdiction of the Federal Government” and tried to challenge the constitutionality of the fraud laws that put him in prison in the first place.
Judge Webber responded by saying “it appears, in challenging the constitutionality of various criminal statutes, Defendant is arguing the Court does not have jurisdiction over him because he is claiming to be a sovereign citizen. This argument has been routinely rejected by courts as meritless.”
Jim’s wife has also been making negative statements about the government on her personal Facebook page. On January 4th, 2016 at 2:36pm Cheryl Staley wrote:
“Welcome to the system” as the inmates say. I would say I know just a little bit about this “justice system” we think we’re in. It’s actually void of a lot of justice, unfortunately. Tyranny does exist in the “good ol’ USA”…”
This is a complete 180° from what what was said on an August 2nd, 2015 PFT live stream:
“I understand he’s a very compassionate, very understanding judge” Jim Staley said of the Hon. Richard E. Webber Senior US District Judge…
If Judge Webber is “very compassionate” and “very understanding” as Jim stated before his sentencing hearing, don’t you think he was fairly sentenced based on the Federal Sentencing Guidelines? Wouldn’t Judge Webber have made an impartial decision based on the evidence presented?
According to Staley and his band of devout followers, Jim is the victim of an overzealous Government. Despite having plead guilty in 2015, Staley claims he had no criminal intent to defraud, but was in the wrong place at the wrong time, operating in good faith that the company he was representing was acting in full compliance and full knowledge of the law. But if you take time to read the notarized public court documents, you will see how these statements couldn’t be further from the truth. It doesn’t take years of expert financial experience to understand that Jim was peddling a shady product.
“We’ve seen too many examples of brokers and investment advisers looking out for their own best interest and not their clients’.”said Robin Carnahan, former Missouri Secretary of State in response to Staley’s investment scheme.
A few weeks ago Cheryl Staley announced that they will be creating an online blog for Jim. According to our sources this blog will serve two purposes; To chronicle his prison experiences and to share his side of the story regarding the fraud case.
Staley is likely banking on the fact that many will simply give him the benefit of the doubt and fail to read the details for themselves. The court documents paint an entirely different picture from what Jim has been painting, much of which we have listed on this site.
The PFT lunacy ensues. This Hanukkah, Jim Staley (USP Marion Inmate #41812-044) will be marching around his prison 7 times as he continues to battle the Federal Government in the same way Joshua battled the evil Canaanite forces at Jericho!
The Passion For Truth Newsletter Reads, “Bring flags, tambourines, and shofars. We will be circling the PFT building seven times to symbolize the walls of Jericho falling down (Joshua 6:1-27). We are praying for spiritual breakthrough and victory as we enter the season of Hanukkah. Pastor Jim promised to be doing the same thing around the prison at the same time!”
(Editors note: If the analogy was applied correctly, wouldn’t this action infer that the PFT building is a Canaanite outpost?)
Heaven forbid Staley actually take personal responsibility for defrauding 16 elderly investors out of millions of dollars so that he could live the lifestyle of the rich and famous. No! Staley and his followers will be hijacking the true meaning of this Jewish celebration, and making it about Jim, because he is the most anointed teacher to grace this planet.
PFT Staff and congregants also engaged in spiritual warfare in front of the Thomas F. Eagleton U.S. Courthouse where Jim Staley was sentenced to 7 years for fraud. They can be seen here holding up an Ark of the Covenant replica as they pray for Jim’s freedom.
We aren’t certain what purpose the Ark serves. Maybe it was so that the Federal Government could have similar fate as the Nazi’s at the end ofRaiders of the Lost Ark?
Rather than acknowledge his guilt, Staley continues to shift blame and implement the same sovereign citizen tactics from October, referring to his non-existent federal straw-man in the third person.
The handwritten letter is 14 pages long and can be downloaded from PACER(Case: 4:14-cr-00153-ERW Doc #126). In this document, Staley goes on to lecture Hon. Judge Webber in matters of law, concluding with several bogus demands;
Staley requested that his liberties be returned to him and that, “all information related to such case be immediately expunged and permanently removed from the public record.”
If that wasn’t asking too much, Staley also demanded that the government pay his outstanding debts of 3.3 Million dollars to his fraud victims.
Because it is not based in reality, sovereign citizen pseudo law can be difficult to interpret. It appears that Staley could be suggesting that since the government did not deny being co-trustee of his federal straw man (ALL CAPS JAMES EDGAR STALEY III), they are obligated to pay 3.3 million dollars in restitution to the victims.
On Page 2 Staley writes,
“Dianna R. Collins #59641mo doing business as United States of America, was served a notice; CLAIM; Propriety that was delivered, received and accepted by her through registered mail…giving her full notice that she, Dianna R. Collins #59641mo is the fiduciary co-trustee of the all caps (straw-man) JAMES EDGAR STALEY III estate and was charged to settle /discharge any or all claims or debts against the trust property, real or personal, within the ten (10) days of said notice. Attorney Dianna R. Collins has not disclaimed being the fiduciary co-trustee, thereby agreeing to such appointments,”
So because Dianna Collins, a representative of America, failed to deny being a fiduciary co-trustee of his federal straw man (all caps JAMES EDGAR STALEY III), he is now holding her responsible to satisfy the debts of his federal straw man?
In the end, Staley’s argument doesn’t hold any water. November 2015, Senior US District Judge Richard E. Webber has formally respondedto Staley’s Constitutional Challenge, asserting that his sovereign citizen tactics are “routinely rejected by courts as meritless”, citing several examples of such.
Lowercase or uppercase it makes no difference; He committed acts of fraud, not a straw man. Thus, he is to be held personally responsible for his fraudulent actions, not the Federal government.
This sort of nonsense seems to be a common trend among sovereigns, attempting to use non-existent legal loopholes to satisfy outstanding debts.
“When attempting to understand how a group or individual comes to believe in sovereignty and exemption from statutory law, you must first understand the foundation of the movement. Sovereigns take legitimate historical events and obscure common law and twist and change them to fit their particular claims or assertions. Their hope is that the ensuing confusion results in law enforcement and/or the judicial system’s unwillingness to effectively deal with them. The fact that most of their arguments and documents contain a slight hint of factual basis and an overwhelming amount of pseudo-legal language, including the mention of various acts, amendments, and treaties, only adds to the confusion. One example common to the philosophies of many sovereigns is the Theory of Redemption. This theory claims that the United States went bankrupt in 1933 when it chose to no longer use the gold standard to back up its paper currency. Needing collateral to trade and conduct commerce with other countries, the United States began to use citizens as collateral to ensure the value of its money. Subsequently, secret bank accounts, containing millions of dollars, were supposedly established by the United States Treasury Department on behalf of each citizen, or “strawman,” used as collateral. Redemption is used as a gateway by sovereigns (private citizens) to commit various fraudulent acts all in an attempt to “redeem their strawman” and access these non-existent secret Treasury accounts to satisfy various debts, including mortgages, cars, and credit cards.”
We believe it’s possible that Staley was using similar tactics in order to pay back the millions in losses his victims incurred. It is doubtful that Christ would advocate that sort of behavior.
In a follow up letter, Staley again demanded that his case be sealed from the public. .
Staley is seemingly more concerned with his reputation than the lives he has ruined through his criminal acts of fraud. You can read about them here.
A clearly fed up US Disctrict Judge Webber yet again put Staley in his place by denying his request to seal the documents, further ordering that future communications be sent to the Court of Appeals.
Not only did Staley destroy the financial lives of 16 elderly investors through his fraudulent activities, but he continues to be a poor witness for the Kingdom as he persists in shifting blame and playing games with the authorities. Perhaps he will have better luck with his prison ministry.
He then goes on to reject Staley’s request to rescind his plea, pointing out how the law prohibits him for three reasons:
1. Federal Rule of Criminal Procedure 11(e) states “[a]fter the court imposes sentence, the defendant may not withdraw a plea of guilty.
2. It was past the fourteen days allowed to file an appeal.
3. Staley waived his rights to appeal when he pled guilty.
Here is the denial letter in full:
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
UNITED STATES OF AMERICA, Plaintiff(s), vs. JAMES STALEY, Defendant(s).
Case No. 4:14CR00153 ERW
This matter comes before the Court on Defendant James Staley’s Notice of Constitutional Challenge to Statute and Motion to Intervene [ECF No. 119].
The Court’s understanding of Defendant James Staley’s (“Defendant”) Notice is he requests to rescind his guilty plea, challenges the constitutionality of various criminal statutes and the sentencing guidelines, and asserts his constitutional rights were violated. Defendant also requests a trial be set for November 16, 2015, to address the constitutionality of these statutes. Defendant challenges these statutes pursuant to Federal Rules of Civil Procedure (“FRCP”) 5.1 and 24.
First, it appears, in challenging the constitutionality of various criminal statutes, Defendant is arguing the Court does not have jurisdiction over him because he is claiming to be a sovereign citizen. This argument has been routinely rejected by courts as meritless. See United States v. Hardin, 489 Fed. Appx. 984, 986 (8th Cir. 2012) (citing United States v. Schneider, 910 F.2d 1569, 1570 (7th Cir. 1990), United States v. Hart, 701 F.2d 749, 750 (8th Cir. 1983). The specific grounds for Defendant’s motion are also meritless. The FRCP do not apply to criminal cases. See Fed. R. Civ. P. 1. Additionally, FRCP 5.1 does not apply against the United States and Defendant cannot intervene in a case in which he is already a party under FRCP 24.
Further, Defendant cannot rescind his guilty plea. Federal Rule of Criminal Procedure 11(e) states “[a]fter the court imposes sentence, the defendant may not withdraw a plea of guilty . . Case: 4:14-cr-00153-ERW Doc. #: 124 Filed: 11/06/15 Page: 1 of 2 PageID #: 445 . and the plea may be set aside only on direct appeal or collateral attack.” If Defendant intended this to be a notice of appeal, it is past the fourteen days allowed to file an appeal. See Fed. R. App. P. 4(b)(1)(A)(i). Additionally, Defendant waived his rights to appeal when he pled guilty. See ECF No. 80, pg. 10.
Accordingly, IT IS HEREBY ORDERED that Defendant James Staley’s Notice of Constitutional Challenge to Statute and Motion to Intervene [ECF No. 119] is DENIED.
So Ordered this 6th day of November, 2015.
_________________________________________ E. RICHARD WEBBER SENIOR UNITED STATES DISTRICT JUDGE
We will keep you updated as this story progresses.
The Government just laid the smack-down on Pastor Jim Staley and his recent effort to manipulate the system for his gain.
For those who aren’t up to speed, just 20 days before his incarceration date, Staley, in a final act of desperation, filed a motion attempting to challenge the constitutionality of the fraud laws that convicted him to a 7 year prison sentence.
In this motion Staley used jargon commonly used by sovereign citizen extremists, stating that the Federal Government has no “jurisdiction” over him, among other absurdities.
Due to this legal malarkey, Staley became a flight risk, resulting in him being detained, processed and imprisoned 18 days before his incarceration date.
The US Government responded to Staley’s constitutional challenge describing it as “awkwardly written and vague,” rejecting his arguments as “meritless.”
They went on to suggest that the courts deny his request to rescind his guilty plea, stating that it was too late to do so.
Here’s their full response: .
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. JAMES STALEY, Defendant. ) ) ) ) ) ) ) ) )
No. 4:14-cr-153 ERW/TCM GOVERNMENT’S RESPONSE TO DEFENDANT’S NOTICE OF CONSTITUTIONAL CHALLENGE TO STATUTE AND MOTION TO INTERVENE
Comes now the United States of America, by and through its Attorneys, Richard G. Callahan, United States Attorney for the Eastern District of Missouri, and Dianna R. Collins, an Assistant United States Attorney for said District, and responds to Defendant’s Notice of Constitutional Challenge to Statute and Motion to Intervene [Doc.119].
The defendant filed a pro se Motion on September 30, 2015 which is awkwardly written and vague as to its purpose. It appears as if the defendant is challenging the constitutionality of a number of decade old statutes without stating the basis for the constitutional challenge. Reading between the lines, it can perhaps be gathered that the defendant is claiming he is a sovereign citizen and that this United States District Court does not have jurisdiction over him. Courts have routinely rejected this argument as meritless. [Emphasis mine] United States v. Hardin, 489 F. 984 (8th Cir. 2012). .
Additionally, the defendant cites the Federal Rules of Civil Procedure as the roadway for his constitutional challenge. Even if the defendant were able to question a criminal federal statute under FRCP Rule 5.1, the rule is clear in that it does not apply if one of the parties is the United States, one of its agencies, or one of its officers or employees in an official capacity. FRCP Rule 5.1(1)(A). Case: 4:14-cr-00153-ERW Doc. #: 123 Filed: 10/23/15 Page: 1 of 3 PageID #: 442 The defendant also cites intervention under FRCP Rule 24. This rule doesn’t apply for a number of reasons. One, this is a criminal action and the defendant has cited civil procedure. Two, even if the defendant could cite this rule, Mr. Staley is already the defendant in the matter and he can’t intervene in a matter that he is already a party. . The defendant mentions in his motion that he wishes to “rescind all pleas of guilty that were made on April 30, 2015”. Pleas of guilty cannot be withdrawn once a sentence has been imposed. [Emphasis mine] See Fed. Rules Cr. Pro. Rule 11(e); United States v. Reyes-Contreras, 349 F.3d 524 (8th Cir. 2003). To the extent the defendant intended his declaration regarding his plea as a notice to appeal, his motion is procedurally flawed and should have been included in a Notice of Appeal to the Court of Appeals within 14 days of the entry of the judgment of conviction. Fed. Rules App. Pro. Rule 4 (b)(1)(A)(i).
WHEREFORE, the government requests this Court deny whatever relief the defendant is seeking in his Notice of Constitutional Challenge to Statute and Motion to Intervene. [Emphasis mine]
Respectfully submitted, RICHARD G. CALLAHAN United States Attorney /sDianna R. Collins
Dianna R. Collins Assistant United States Attorney
111 South 10th Street, Rm. 20.333
St. Louis, Missouri 63102 314-539-2200
CERTIFICATE OF SERVICE I hereby certify that on October 23, 2015, the foregoing was filed electronically with the Clerk of the Court to be served by operation of the Courts electronic filing system upon the following:
10/10/2015 In a bizarre, yet unsurprising twist, Pastor Staley, through his stand-in David Robinson, plead for donations on Jim’s behalf claiming that prison life is “very expensive.” That’s right. As if the digital billboard fundraiser from a couple weeks ago wasn’t stupid enough, it has come to this. Here’s what was said verbatim:
“He (Jim Staley) said to mention this, I don’t know if you guys realize it or not, but it costs you to be in prison. It actually costs money to be in prison, and it’s very expensive. The phone calls, everything are very expensive. He would like for anyone who would like to help support him while he’s in there because he doesn’t want the taxation to come down on his family finances, to tax that. And that if you pray about it, if you feel lead to do it when you donate you can just write it in your memo, “for pastor Jim” or online, when you donate online you can in the “other,” put “Pastor Jim to help offset some of the things he has to buy.”
In Pastor Dave’s efforts to garner additional funds, he resorted to making some very misleading statements. It does not “cost money to be in prison,” Staley’s stay is funded by our tax dollars. He get’s a clothing allowance, and has all his meals provided to him in the Cafeteria.
It does however cost money to buy additional goods within the prison. Any money Staley receives would simply make it easier for him to buy various products at the in-prison store (commissary), which is basically a dollar store, ran from within the prison.
To add insult to injury, the Marion Commissary list says that inmates have a spending limit of $320 per month! Also, due to a recent caps on prison phone rates, phone calls now cost inmates no more than 20-25 cents per minute. At that rate, a 15 minute phone call would cost Staley no more than $3.50.
Now that we exposed the lie that prison life is “very expensive” it beg’s the question, why is PFT begging for money? Jim’s in-prison lifestyle would average at a couple hundred dollars a month, tops. He could easily earn that money in prison.
With a 7,500 sqft parsonage, a reported salary of 10k per month and a robust online DVD marketplace, the Staley’s certainly shouldn’t be affected by such a small financial burden.
We looked up the address of Staley’s church parsonage on Zillow.com to find it to be rather expensive. Though Jim is currently serving his 7 year sentence, his wife and children are still residing at the location (listed below). We have omitted his home address out of concern for the safety and privacy of his wife and children. These are the financial estimates for the price and rental costs of his mansion, complete with in-ground pool.
The address of Staley’s home was listed on a recent court document made available to the public through the FOIA. Here is an audio excerpt from 2013 where Staley discussed his new home during a live stream.
As you can see, his living arrangements are completely unreasonable for a Pastor who demands tithes and offerings from his congregants. In a message given earlier this year, Staley urges his followers to donate 10 percent of their income to his ministry, claiming it is biblically required of them.
From January to November 2012, the church had revenue of $1.34 million with $89,000 in the bank, according to an official ministry video. We can assume that number likely went up as his followers grew in number over the past few years.
During Staley’s sentencing, US Attorney Dianna Collins stated that Jim Staley has an income from PFT of $10K per month, but that he has set up mechanisms so that he can use the money but it is never officially his, just so he will not have to pay restitution. She also mentioned that PFT pays the rent on his mansion.
Is prison “very expensive?” Does Jim depend on your donations to survive or are they just trying to keep the gravy train going? I think the answer presents itself when the facts are carefully weighed.
Folks, nothing about this situation is humorous. Staley’s followers are likely under some serious mind-control after enduring years of hardcore spiritual manipulation. There is no alternative explanations as to why thousands of people would continue to support a hardened criminal such as Staley, who has been proven over and over to be a liar under the guise of a spiritual leader.