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Mr. Arne Duncan, U.S.

Secretary of Education
U.S. Department of Education
400 Maryland Avenue S.W.
Washington, D !0!0!
Dear Mr. Duncan,
"han# you for your letter dated 0$%&!%&' that your assistant sent to me on your (ehalf regarding your
coercive demands for payments on none)istent de(t that the Department of Education does not o*n, your
purposeful usage of un+ualified documents, misleading statements and threats, and your usage of unpaid
forced la(or for handling a de(t validation case that the Department of Education should handle *ith its o*n
la(or resources.
,lease note that this is an open letter that - *ill pu(lish on the -nternet, on StopE)tortion.org so that it is
accessi(le to the general pu(lic and to other institutions.
Enclosed is the latest invoice. As long as you continue to ma#e unvalidated monetary demands, you *ill
continue to receive invoices and de(t validation re+uests li#e the ones listed (elo*.
-n your correspondence you have stated that the Department of Education holds legally (inding promissory
notes and other records supporting the e)istence of de(t. .o*ever, you have not validated this statement
and your right to ma#e monetary demands.
/urther, you have not provided copies of the original Application and ,romissory 0ote financial aid application
documents, even though your providing copies of the original documents is important to moving this case
for*ard. Similarly, you have not e)plained *hy you do not provide copies of the original documents *hich,
according to your previous statements, are in the possession of the Department of Education.
Without receiving copies of the original documents that legitimately support the e)istence of de(t, - cannot
determine ho* much money - o*e to the Department of Education, or if - o*e the Department of Education
any money at all.
1ou are responsi(le for validating your monetary demands, and you have not done so. 2ecause you claim
that the Department of Education holds legally (inding promissory notes, as - have stated (efore 3citing4,
as assignees, the 5uaranty Agencies and other secondary holders step into the shoes of the lender from
*hom they have ta#en the promissory notes and are su(6ect to any defenses that the student%o(ligee may
assert against the assignor%lender. See 7ac#son v. ulinary School of Washington, 899 /. Supp. &!'', &!49
n.$ 3D.D.. &$$!4, reversed on other grounds, !8 /.!d :8' 3D.. ir. &$$44, vacated, :&: U.S. &&'$, on
reconsideration, :$ /.'d ':4 3D.. ir. &$$:4.
/or full te)t see http://scholar.google.com/scholar_case?case=1736470514678143252
At this point in time the follo*ing holds true;
2ecause you insist that a (reach of contract has occurred, you must sho* that an unam(iguous and valid
contract *as in place to (egin *ith, that contained all the necessary (asic components of contracts; an offer,
an acceptance, and consideration. 1ou have not done so. "his (urden of proof is clearly on you.
A legally enforcea(le contract must (e consummated (y consideration *hich, in this case, *ould (e my
receiving student loans as the promisor from /leet 0ational 2an# as the promisee.
1ou have not validated that - received either directly or indirectly, as tuition support, student loans from
/leet 0ational 2an#.
"he re+uirement of consideration often protects the promisor from (eing lia(le for granting gratuitous
promises. "he same principle applies here as *ell. Without receiving (an# loans, mere signing of (oilerplate
financial aid applications does not constitute (orro*ing money and does not create a legally enforcea(le
contract, *hether or not the financial aid application includes a section that is la(eled ,romissory 0ote.
/urther, you have not sho*n that - ever signed any legally (inding promissory note de(t instruments *hile a
student at <hode -sland ollege.
"he partial copies of Application and ,romissory 0ote financial aid applications that you sent me do not
meet the re+uirements set for the legally (inding promissory note de(t instruments, as defined in !rticle 3
o" the #ni"orm $ommercial $o%e.
-nstead of providing copies of legally (inding original promissory note de(t instruments, you have provided
partial copies of Application and ,romissory 0ote financial aid applications. /inancial aid applications and
legally (inding promissory notes are different documents and are su(6ect to different rules and re+uirements,
even if parts of the t*o different documents are on the same sheet of paper.
=n the Application and ,romissory 0ote financial aid applications that - filled in and signed, there is only one
space *here - as a financial aid applicant could have signed the document. "hat space is right (elo* the
,romissory 0ote area of the financial aid application. When - filled in the financial aid applications (et*een
&$$0 and &$$>, - signed the Application and ,romissory 0ote financial aid applications in that space
provided.
As a result of my su(mitting Application and ,romissory 0ote applications - received financial aid, such as
*or#?study, <hode -sland ollege .onors Scholarship, and ,ell 5rant. 1ou have failed to demonstrate that my
filling in and signing the Application and ,romissory 0ote financial aid applications also led to my receiving
student loans from /leet 0ational 2an#.
As far as - #no*, as a student - did not +ualify for (an# loans (ecause - *as in the U.S. on a temporary visa
*hen - first attended college, and then on 5reen ard until graduation, *ithout any credit history, co?signer
or collateral in the U.S. /urther, initially - did not have any U.S. *or# e)perience and *or# history either.
While - *as a student my income *as e)tremely lo* and did not support (orro*ing from a (an# the
@4>,':4.00 that you allege - (orro*ed as principal, to *hich you later added interest and fees, so that at this
point you are demanding from me over @&':,000.00 as unvalidated de(t.
/urther, you allege that - (orro*ed @4>,':4.00 in federally guaranteed loans, in order to attend state o*ned
<hode -sland ollege as state resident, *hile the in?state cost of tuition (et*een &$$0?&$$> ranged
from&1'703 to &2'838 a (ear. 1ou ma#e these allegations and demands *ithout validating their accuracy.
/urther, the partial copies of the Application and ,romissory 0ote financial aid applications that you sent me
*ere made from copies. -f - actually received (an# loans as a student, and the Department of Education no*
o*ns that de(t, then the Department of Education should have in its possession the original legally (inding
promissory note documents that *ere o(tained through legal means, that is, *ere legitimately signed over
(y the original lender.
Accordingly, the Department of Education not having in its possession the original legally (inding promissory
note documents, that *ere actually signed over to the guaranty agency, is another indicator that - did not
receive student loans from /leet 0ational 2an#.
1ou have not provided copies of the original 0otice of Aoan 5uarantee and Disclosure Statements covering
the amount of de(t you allege that - (orro*ed. -nstead, you sent me 0otice of Aoan 5uarantee and
Disclosure Statements that *ere generated in !0&! (y entering my current information into a computer
system. As you #no*, - graduated from college in &$$>. 1ou sent these documents to me in !0&!, in an
attempt to support your monetary demands. - caught your Bmista#eC (ecause a *rong (an#Ds name *as
used on these fraudulently generated documents.
1ou allege that <hode -sland .igher Education Assistance Authority guaranty agency paid insurance claims
on my (ehalf to /leet 0ational 2an# in &$$8, and that this demonstrates (oth that - did receive student loans
and that the Department of Education no* o*ns the resulting de(t. .o*ever, you have failed to provide
proof that /leet 0ational 2an# actually su(mitted insurance claims to the guaranty agency for my alleged
de(t, and that the guaranty agency actually made payments to /leet 0ational 2an# for my alleged de(t.
-nstead, you provided copies of guaranty agency internal *or#sheets that any guaranty agency employee
could have filled in *ithout receiving insurance claims from /leet 0ational 2an#, and *ithout ma#ing
insurance payments to /leet 0ational 2an#.
=n the copies of the Application and ,romissory 0ote financial aid applications that you sent me, there are
(ro#en, shado*y rectangles around the ,romissory 0ote portions of the applications. "hese irregularities and
possi(le alterations call into +uestion the documents authenticity. 1our providing duple) copies of the original
documents, instead of sending me copies made from copies, *ould help to address this issue.
Similarly, your providing duple) copies of the original documents, instead of sending me copies made from
copies, *ould help to determine, *hether or not /leet 0ational 2an# actually did sign over the alleged loans
to <hode -sland .igher Education Assistance Authority guaranty agency, *hich then signed the alleged loans
over to the Department of Education. -f there *erenDt any loans, there *as nothing for /leet 0ational 2an# to
sign over.
"he Application and ,romissory 0ote financial aid applications are duple) 3t*o?sided4 documents. 1ou have
provided separate copies of font ends, and (ac# ends, of the Application and ,romissory 0ote financial aid
applications. "here is no identifying information *hatsoever that lin#s these separate copies together.
"he (ac# ends of the documents that you sent me carry A/SA Data orporationDs stamp, and have /leet
0atDl 2# hand *ritten on them.
2ecause the separate front end and (ac# end copies do not contain any identifying information that lin#s
these copies together as one document, people *ho handle these copies can create ne* documents (y
putting together and sending out copies of different peopleDs applications, as if these *ere one personDs
documents. ,eople *ho handle these copies can do so either accidentally or purposefully.
1ou can ta#e a copy of one personDs financial aid application front end *ho did not receive student loans,
and another personDs financial aid application (ac# end *ho did receive student loans, put them together, and
insist that the ne*ly created copies of documents provide BevidenceC that 3&4 the first person received
student loans as *ell, and 3!4 that the Department of Education no* o*ns the alleged student loans.
,erhaps this sounds far?fetched.
Similarly, it seems unli#ely, that the U.S. Department of Education *ould participate in sending out in the
de(t validation process 0otice of Aoan 5uarantee and Disclosure Statements that *ere generated (y entering
information into a computer system over &: years after the student graduated from college, so that you
could have documents that support your demands.
1et, you did this.
Similarly, it seems implausi(le, that the U.S. Department of Education *ould imply that it has sent out
copies of original legally (inding promissory note de(t instruments that it has in its possession, *hile actually
sending out partial copies of financial aid applications and so, that the partial copies themselves *ere made
from copies of +uestiona(le authenticity E and, *ithout the U.S. Department of Education having any original
documents at all.
1et, you did this.
"hus, your providing duple) copies of the original documents *ould help to address the issues listed a(ove.
2riefly, all your demands and claims are unsu(stantiated. Accordingly, for the pu(lic record, *e can state the
follo*ing;
"he U.S. Department of Education is #no*n to ma#e claims that it does not validate a(out holding
documents and o*ning de(t. Such claims may, or may not (e true. Until proven other*ise, there is no
reason to (elieve that these claims actually are true.
We are documenting this case and your relevant actions on the -nternet. So, every other individual *ho
*ishes to do so can refer to your actions that have (een documented on StopE)tortion.org.
Mr. Duncan, the Department of Education insisted that - must sign a statement, declaring under penalty of
per6ury that the information that - have provided a(out this case is true to the (est of my #no*ledge. - did
sign such a statement. 0o* it is your turn.
2ecause of high importance of having clarity regarding the original documents, and (ecause the U.S.
Department of Education is #no*n to ma#e claims *hich may, or may not (e true, a(out holding documents
and o*ning de(t, *ithout validating the claims made, - re+uest that you send me a notariFed statement
listed (elo*;
As a duly authoriFed representative of the U.S. Department of Education, - certify *ith my signature
that3&4, 3!4, 3'4, 344, 3:4 and 3>4 listed (elo* are all completely accurate;
3&4 the U.S. Department of Education is in the possession of "homas E#lundDs, Social Security 0um(er GGG?
GG?GGG 3B"homas E#lundC4, original t*o?sided 3duple)4 Application and ,romissory 0ote documents for the
full amount of student loans that has (een demanded from "homas E#lund as loan payment principal, and
3!4 the U.S. Department of Education is in the possession of "homas E#lundDs authentic original 0otice of
Aoan 5uarantee and Disclosure Statements for the full amount of student loans that has (een demanded
from "homas E#lund as loan payment principal, and
3'4 the U.S. Department of Education can validate that "homas E#lund received student loans from &$$0 to
&$$> in the full amount that has (een demanded from "homas E#lund as loan payment principal, and
344 the U.S. Department of Education can validate that these Application and ,romissory 0ote documents
that "homas E#lund signed as <hode -sland ollege student are legally (inding promissory note de(t
instruments that prove the e)istence of the full amount of de(t that has (een demanded from "homas
E#lund, and
3:4 the U.S. Department of Education can validate that in &$$8 /leet 0ational 2an# su(mitted to <hode
-sland .igher Education Assistance Authority insurance claims for "homas E#lundDs student loan de(t for the
full amount that has (een demanded from "homas E#lund as loan payment principal, and that in &$$8 <hode
-sland .igher Education Assistance Authority paid to /leet 0ational 2an# insurance claims for "homas
E#lundDs student loan de(t for the full amount that has (een demanded from "homas E#lund as loan
payment principal, and
3>4 the U.S. Department of Education can validate that in &$$8 /leet 0ational 2an# signed over to <hode
-sland .igher Education Assistance Authority "homas E#lundDs student loan de(t for the full amount that has
(een demanded from "homas E#lund as loan payment principal, and that the U.S. Department of Education
is at this point the legal o*ner of "homas E#lundDs student loan de(t for the full amount that has (een
demanded from "homas E#lund as loan payment principal.
- declare under penalty of per6ury under the la*s of the United States of America that the foregoing in true
and correct, and that - am the person named a(ove, and - understand that any falsification of this statement
is punisha(le under the provisions of &9 U.S.. Section &00& (y a fine of not more than @&0,000 or (y
imprisonment of not more than five years or (oth, and that re+uesting or o(taining any record3s4 under false
pretenses is punisha(le under the provisions of : U.S.. ::!a3i43'4 (y a fine of not more than @:,000.C
"his statement must (e signed (y an authoriFed U.S. Department of Education representative. "he signature
must (e accompanied *ith the authoriFed representativeDs printed name, position, company or organiFationDs
name *here the person currently *or#s, and the signed personDs contact information.
-f the Department of Education does hold original legally (inding documents and can actually validate its
demands, you shouldnDt have any pro(lem having this statement signed and notariFed.
-f you do provide the statement re+uested a(ove, declaring under penalty of per6ury (oth that 3&4 the
alleged de(t e)ists and 3!4 that the Department of Education does hold the original documents, and 3'4 that
the Department of Education is the actual legal o*ner of the de(t that you demand from me, *e can move
this case for*ard to*ard finding a solution.
-f, instead, you once again fail to validate your demands, this case *ill remain spinning in the same place,
unresolved, as it has (een for close to t*o years no*. =n StopE)tortion.org *e *ill continue to document
this Department of Education managed ineffective and *asteful *ay or resolving pro(lems. "he
characteristics of this case are indicative of the overall student loan de(t management (y the Department of
Education. "hese records *ill remain pu(licly accessi(le for decades to come, as part of your legacy.
/urther, please note, that (ecause *e are documenting this case and your relevant actions on the -nternet,
from no* on, going for*ard, every other individual *ho *ishes to do so, can refer to your actions that have
(een documented on StopE)tortion.org, and can also ma#e a re+uest for a statement similar to the a(ove.
2y ma#ing me to sign a statement under the penalty of per6ury, *hile #no*ing in advance that the relevant
information *ill (e pu(lished on the -nternet, the Department of Education created a precedent that (oth
myself and other people can use.
0o*, and going for*ard, you and the rest of the Department of Education *ill have to live up to it. Every
time *hen any Department of Education employee or representative declines to sign a statement under
penalty of per6ury regarding the validity of the claims made, the Department of Education is actually issuing
a statement, indicating that the Department of Education has something to hide.
,eople deserve to #no* the truth. -n my case, the truth is that you have failed to validate that 3&4 - received
any student loans and that any de(t actually e)ists, and 3!4 that the Department of Education holds valid
legally (inding promissory note de(t instruments, and 3'4 that the Department of Education is the legal
o*ner of the alleged de(t.
- #no* a(out this (ecause - challenged your version of the de(t that - allegedly o*e. -f - *ould have (elieved
you, you *ould have rendered me into financial servitude for an un#no*n period of time.
.o* many other such cases are there, *here people (elieve that the monetary demands that the
Department of Education ma#es are (oth legitimate and accurate, (ut in reality your demands are primarily
(ased on the a(use of the e)traordinary de(t collection po*ers granted to the Department of EducationH