I have just sent a grievance to the Tennessee revenue commissioner about his office’s abrogation of numerous constitutional guarantees and statutory duties in forcing the entire body of the motoring public to buy insurance coverage when the law doesn’t require it.
By David Tulis / NoogaRadio Network
Is it possible that the fraud by the state against its own people creates its own flavor of inefficiency and waste in government? That’s the kind of proposal Jason Mumpower wants to get. He is an auditor who runs the TN comptroller of the treasury in offices at 425 Rep. John Lewis Way N. in Nashville.
I am not asking him to confront the fraud, but seek out its ability to create wasteful spending in the revenue department. My letter to him, with attachments, arrives in an email to his 600-person department’s media office.
State-based fraud causes needless staff
Dear Mr. Mumpower,
I am an investigative reporter in the radio field who is launching a suit under the uniform administrative procedures act against David Gerregano in a fraud upon the people that obligates him to waste taxpayer funds in the division by which he administers the financial responsibility law at Tenn. Code Ann. § Title 55, chapter 12.
We are an after-crash state, according to the law and according to two court cases, Burress v. Sanders, 31 S.W.3d 259, 263 (Tenn. Ct. App. 2000), Erwin v. State Farm Mut. Auto. Ins. Co., 232 F. Supp. 530, 533 (E.D. Tenn. 1964). Chapter 12 of the motor and other vehicle law declares a driver or operator has a duty to prove financial responsibility to the safety commissioner after a qualifying accident.
However, Cmsr. Gerregano administers the law as if we were a compulsory insurance state. I am being injured by this fraud because I do not have insurance on a Honda Odyssey minivan VIN 2HKRL1859YH575510, plate no. 774BGWC, according to revenue correspondence at PIN No. VBUUMWUG that I use for private purposes on the roads.
I am challenging on due process grounds his revocation of the registration of this car, and will defend my rights in a contested case hearing and on appeal. Cmsr. Gerregano lacks a fact base to trigger the operation of the law against me, that being a qualifying accident. The car has not been in an accident. I have a right to use the roads for private travel. I also have a right to use the roads for commerce via the instrumentality of a registered motor vehicle.
My unwillingness to cooperate with illegal activity touches your office as follows. Running a fraud requires that Cmsr. Gerregano pad the payroll in the department’s financial responsibility section to handle insurance-related auto registration revocations outside the scope of the law, the 18 staff people in that department in excess of what otherwise might be required in genuine assertions of police power in our after-crash state.
- You state on your website you attack “intentional deception that violates a law or the public trust for personal benefit or the benefit of others.” Insurance companies in Tennessee are on a decades-long gravy train that I estimate gives the cash flow to these companies past F$2 billion a year.
Tennessee has 6.340 million standard passenger vehicle plates issued and 5.117 million cars under the financial responsibility law, according to the department of revenue. Insurers collected $2.677 billion in premiums in 2022. The state’s skim from that pile is 2.5 percent, under T.C.A. § 56-4-105, or $66.68 million in 2022. I expect that two-thirds of the people who pay these premiums wouldn’t if the law were properly administered.
- Cmsr. Gerregano is using his police power ultra vires, based on personal opinion, caprice and whim, his department’s use of these staff people is “extravagant, careless, or needless use of government funds, property, and/or personnel.” Revenue policy in 2021 created 24,870 criminally prosecuted and “convicted drivers,” the department says, many thousands of these people not subject to the law absent an accident and thus victim of official oppression.
Having reviewed the law, Mr. Mumpower, I put your department on administrative notice as to the disabilities in state law that directs Mr. Gerregano to apply police power upon people after accidents who have failed to meet any of the four requirements in dealing with the commissioner of revenue. The notice is intended to put you on awares of breach of oath and of terms of employment by the revenue commissioner, his agents, and others on the state payroll serving the people of our great state of Tennessee — but harming them by acting outside authority and pursuant to opinion or custom.
You are auditor and not attorney general able to prosecute official oppression in Title 39. The 18 people in the financial responsibility section are too numerous as they are confronting people with registration revocation that they should not be. The workload is extraordinary because Cmsr. Gerregano is disobeying the law and pretending the entire body of the motoring public is subject to the law absent a qualifying accident. Cancers spread. So, too, financial excrescences, fraud and other tumors elsewhere in the revenue department, or in other parts of government, such as the department of safety and homeland security.