Legal Battles - Canada vs Patrick Fox - Correspondence
Contact
Patrick Fox
Torrance, CA     90503
fox@patrickfox.org

False and defamatory claims about my identity and citizenship [Patrick Fox; Daniel Marson (CBSA); Steffan Tzetzos (CBSA)]

On Mon, Dec 09, 2019, Patrick Fox wrote:
Patrick Fox
1451 Kingsway Ave
Port Coquitlam, BC
V3C 1S2
December 9, 2019
Attn:
Daniel Marson
Intelligence Analyst, Operation Branch CBSA
1611 Main St, Suite 412
Vancouver, BC V6A 2W5
Re:
False and defamatory claims about my identity and citizenship

Dear Mr. Marson:

First, I request you forward a copy of this letter to your supervisor. On my end, I will be sure to forward a copy to select news media and to publish it on my websites.

It has recently come to my attention that on March 4, 2019 you sent an email to Lee Ferris at the BC Ministry of Social Development, where in stated:

…I can confirm that the individual you are investigating was born "Ricky Steve RIESS" (DOB: 1973/11/24).

As the CBSA believes that the subject's true identity is Sudbury-born "Ricky Steve RIESS" (DOB: 1973-11-24) … As a Canadian, RIESS (now know as Patrick Henry FOX) is granted entry and is allowed to remain in Canada by legal right.

I absolutely DEMAND to know on what evidence you are basing the claim that I am the person who was born with the name "Ricky Steve Riess" in Sudbury, ON on 1973-11-24!

Let's review some of the facts – all of which are easily verifiable:

  1. DNA/Paternity/Maternity Tests

    For years I have been demanding the BC Prosecution Service (BCPS), the RCMP, and/or the CBSA do a DNA test of myself and Ricky Riess's parents – to determine, definitively, once and for all whether or not I am Ricky Riess from Sudbury, ON. My only requirement is that I must be provided a copy of the independently verifiable results so I can publish them. To this day you all adamantly refused to do so.

    Ricky Riess's father, Steve Riess, has also repeatedly offered (to the BCPS) to provide a DNA sample in order to "prove I am his son". The Crown and the RCMP refuse.

    In October 2015 I decided to move back to the US in May 2016. In order to do that I would have to be able to prove I'm not the person I was ordered removed as (i.e. Ricky Riess from Sudbury, ON), so that I could have the removal order vacated. I contacted Steve Riess and Peggy Pepin (Ricky Riess's mother) to request their participation in paternity/maternity tests. Riess was belligerent and refused to have anything to do with me. Pepin agreed. The maternity test unequivocally proved Pepin is not my mother. With that, I would turn myself in to DHS with the expectation of being charged and prosecuted for illegal re-entry; false claim of US citizenship; et cetera; then, at the trial I would produce the maternity test, proving that I was ordered removed, convicted of perjury, et. al., and actually deported, all based on a completely false allegation that I was a person I had been insisting I'm not. Thereby proving how corrupt Homeland Security is and how flawed the justice system is.

    And now you know why I have a complete lack of concern or anxiety when I hop the border and get arrested by the Border Patrol or when I walk right up to the CBP counter, admit I've been deported previously, state I'm a US citizen and demand to go before an Immigration Judge. I assume, as part of CBSA's thorough investigations of me, you've watched/listened to my interrogations by Kip West of the US Border Patrol (2016-05-27) and Geoffrey Obrist of the US Customs and Border Protection (2019-03-15).

    In July 2019 Steve Riess provided a video recorded KGB statement where he, again, offered to provide a DNA sample "to prove I'm his son, Ricky Riess". The Crown refused. So, on September 8, 2019, I wrote to Riess, agreeing that a DNA test is an excellent idea and requesting his participation. He refused! I assume, as part of CBSA's extensive investigations of me, you've watched/listened to Steve Riess's KGB interview.

    And so why would Steve Riess tell the Crown and the police I am his son if I'm really not? Because from Riess's perspective, I stole his son's identity, trashed his reputation, and embarrassed the family. And by claiming I am his son, Ricky Riess, he is making it much more difficult for me to be able to leave this God forsaken, shit hole of a country. I would think that would be pretty obvious from his body language and remarks in the KGB video.

    So again, I INSIST that the CBSA (or the BCPS or the RCMP) either accept and follow through on Steve Riess's offer to do a DNA test (then provide those verifiable results to me so I can publish them) or stop claiming CBSA has "proven" or "can confirm" I am the person who was born Ricky Steve Riess in Sudbury, ON.

  2. Ricky Riess's Birth Certificate and Passport

    So an Ontario birth certificate in the name Ricky Steve Riess exists. So what. Nobody disputes a person was born in Sudbury, ON on 1973-11-24 with that name. But where is ANY evidence connecting me to him? I mean actual, physical evidence – not just the unsupported claims of angry fathers and ex-wives.

    And on the topic of Ricky Riess's birth certificate, go ahead and contact the Ontario Vital Statistics and ask them for a copy of the letters I'd sent them when they'd repeatedly asked me for further verification in support of my application for Riess's birth certificate in 2011. You'll see in my letter to them I clearly stated I am NOT the person named on the birth certificate, and that I am only applying for it because I am in ICE custody and ICE insists I'm Ricky Riess from Sudbury, ON, and ICE said the only way I'm going to get out of custody is to get that birth certificate and get deported to Canada (or something along those line). And do you know what Ontario Vital Statistics did after repeatedly expressing doubt that I'm really Ricky Riess and then me openly admitting to them that I'm NOT Ricky Riess? They sent me Ricky Riess's birth certificate! It's all right there in their own records. I'm sure they keep a copy of those old birth certificate applications.

    And as for the existence of a passport with the name Richard Riess and my picture: again, so what. That doesn't prove I'm Ricky Riess any more than any of the other passports with my picture and other names proves that I'm those people. All it proves is how incredibly easy it is to get a Canadian passport once you have a Canadian birth certificate. Go ahead, charge me with passport fraud. But, to do that you'll have to admit, very publicly, that I'm not Ricky Riess from Sudbury.

    And while we're on this topic, do you realize that the perjury and false claim of US citizenship convictions were based solely on that same passport and birth certificate? That's it! That was ALL the evidence he US Attorney presented. Do you think the question came up at the trial about whether or not I am actually the person named on the documents? It did not. And then, I was ordered removed based solely on that conviction. It kind of seems to me that IRCC/CBSA really should have verified that I was ACTUALLY the person named on those documents BEFORE you went and told ICE and the USAO that I am – particularly since it's so well documented that I had already openly admitted that I wasn't that person and that I had obtained the documents on false pretenses.

  3. The Relevance of My Allegedly False Statements

    The truthfulness and accuracy of ANY statement a person makes to any law enforcement agent (e.g. CBSA) or other justice system participant (e.g. a prosecutor or judge) is only as relevant as the statement itself. In other words, if I say something to you which is completely irrelevant to anything within the scope of your authority or jurisdiction then it doesn't matter whether or not the statement is true; there is absolutely nothing that you can do about it; and it has no bearing on the truthfulness of any of the ACTUALLY relevant statements. For example, if you, as a CBSA officer ask me what I ate for dinner yesterday, and I falsely tell you I ate Jack in the Box – so what; it has no relevance.

    That being said, from CBSA's and IRCC's perspectives the one and only issue which is relevant is: Am I a Canadian citizen? Absolutely no other piece of information is relevant. you don't need to know, nor am I legally required to tell you which country I AM a citizen of – it is sufficient for you to know only that I am NOT a citizen of Canada. While I may choose to admit that I am a US citizen, by virtue of having been born in the US, I am NOT required to tell you (or DHS, for that matter) which state, county, or city I was born in. Whether I was born in Hollywood, FL or Torrance, CA is irrelevant – because either way, it's outside Canada and I'm not making any claim of Canadian citizenship – so it's outside your area of concern.

    What is the name given to me by my parents at the time of my birth, and up to the time I changed it to Richard Riess? Irrelevant! It has nothing to do with whether or not I am a Canadian citizen. What are my parents' names? Irrelevant. Their names would not make me any more or less a Canadian citizen.

    You may argue that that collateral information is relevant because it will aid you in performing your job, in investigating and verifying my claims. But I am not legally required to assist you in performing your job. Moreover, it seems to me any time I have provided collateral information to law enforcement (whether ICE, RCMP, or CBSA) they have either distorted it to try to use it against me, or if it tended to disprove their allegations they would ignore or bury it.

    Every RELEVANT statement which I have made to CBSA, IRCC, and the US CBP has been true. But then, the only relevant question to those three agencies has been "Are you a citizen of [the respective] country?"

    And, if you want to accuse me of lying about completely irrelevant collateral details, I am completely fine with that.

    And one final point I'd like to make on the issue of relevance: I did not come to Canada voluntarily; I did not ask to come here, or apply for admission; and I did not use the identity of Ricky Riess to gain entry to Canada. I was sent here, literally, by force and against my will.

  4. The Patrick Fox Identity

    In 2007, after I was arrested and detained by ICE, I told my deportation officer, Robert Cordero, that Richard Riess was not my birth name, that I was not the person who was born Ricky Riess in Sudbury, ON. I told him I had changed my name to Richard Riess in the early 1990s, knowing there was a person in another country with that name and the same date of birth as me. I told him I assumed Riess's identity so I could get aware from my family and move on with my life; and the reason to adopt the identity of a foreign national rather than another US citizen is so there will not be any overlap or conflict in taxes, income, credit history, driver licensing, et cetera. Cordero and everybody else in ICE, Homeland Security, the Immigration Court, the US District Court, the US Attorney's Office, et cetera, all insisted they didn't believe it; the story was to contrived and implausible.

    I was subsequently convicted of perjury and false claim of US citizenship; ordered removed from the US, incarcerated for four years; and actually deported from the US – all based on ICE's allegation that I was the person who was born Ricky Steve Riess in Sudbury, ON, Canada.

    And now, 12 years later, you (CBSA) and DHS are insisting I did EXACTLY with the name and identity "Patrick Henry Fox" as I have been insisting since 2007 I did with the name and identity "Richard Steven Riess". And suddenly now you begin to realize that everything I've been claiming since 2007 is probably actually true after all – on in the least, you must admit it is now completely believable, if not extremely probable.

    I would also like to point out that at my perjury trial in 2008, Cordero admitted in his testimony that I had told him this – and that he took no action on it; instead he continued to put ICE's resources to insisting I am Richard Riess from Canada. Of course, by that point they had already been detaining me illegally for over 15 months – they couldn't very well back down and admit a mistake or worse, deliberate misconduct like detaining someone without first establishing they are an alien. Go ahead, check the transcripts of the trial – there's a copy of them in my A-File. You do have a copy of my A-File, right? I mean, if I'm a Canadian citizen (and NOT a US citizen) and if DHS respects CBSA as their Canadian counterpart then I would have to think they'd provide you my A-File.

And I could go on with such additional points as:

  • How DHS consistently refuses to prosecute me for things like illegal re-entry, false claim of US citizenship, making false statements to a federal agant, identity theft, et cetera, even when I show up at the border, walk right up to their counter, and give them all the evidence they would need to prosecute me;
  • How the few people who insist I am Ricky Riess from Sudbury, ON have absolutely no pictures of Ricky Riess and no pictures of me prior to when I met Desiree Capuano, and they have absolutely no information about or evidence of Ricky Riess that could be used to connect me with him;
  • How Ricky Riess was arrested by the Toronto Police in 1992, and they sent Riess's mugshot and fingerprints to ICE in May 2008, and those fingerprints and mugshot didn't match me.

But this letter has gone on long enough and sucked up enough of my time. I believe I have sufficiently made by point.

Yet in spite of all of the foregoing, you, the CBSA, the RCMP, and the BC Prosecution Service have the audacity to go around telling other officials that you've "proven" and that you "can confirm" I am the person who was born Ricky Steve Riess in Sudbury, ON and that I'm a Canadian citizen? Of course, it's not surprising these three agencies also stand to lose the most by it being exposed that I'm NOT Ricky Riess from Sudbury – and therefore NOT a Canadian citizen! Perhaps you guys and IRCC should have determined whether or not I was actually Ricky Riess BEFORE you allowed DHS to deport me here. And to think, all it would have taken was a simple DNA test – eleven years ago!

And with regard to your statements to Lee Ferris on March 4, 2019, I insist that you follow up with Mr. Ferris and clarify that you, in fact, cannot "confirm" that I am the person who was born Ricky Steve Riess in Sudbury, nor have you "proven" such; and that, in fact, while you may BELIEVE or SUSPECT I am that person, it is nothing more than your unproven, unsupported belief!

Most sincerely,

Patrick Fox
On Fri, Dec 27, 2019, Steffan Tzetzos wrote:
CBSA Letterhead
Canada Border Services Agency
Enforcement and Intelligence Division
4th Floor - 1611 Main Street
Vancouver, B.C.
V6A 2W5
Dec 27, 2019
Attn:
Patrick Fox
1451 Kingsway Ave
Port Coquitlam, BC V3C 1S2

Dear Mr. Fox:

I have received your letter dated December 9, 2019, addressed to Daniel Marson. We at the CBSA take all complaints very seriously and will conduct a full investigation into the circumstances that give rise to them .

In order to resolve your complaint and ensure I have your full account I would like to speak with you on the phone. When you are able, could you please call me at 604-666-1230. If you prefer to communicate via another means such as letter, you may respond to my attention at the address above.

Yours truly,

Steffan Tzetzos
Manager
Intelligence Section CBSA

Government of Canada logo
On Sat, Jan 04, 2020, Patrick Fox wrote:
Patrick Fox
1451 Kingsway Ave
Port Coquitlam, BC
V3C 1S2
January 4, 2020
Attn:
Steffan Tzetzos
CBSA
Enforcement and Intelligence Division
4th Floor - 1611 Main St.
Vancouver, BC V6A 2W5
Re:
CBSA's false and defamatory claims about my identity and citizenship

Dear Mr. Tzetzos:

Thank you for your letter post marked 2019-12-27, in this matter.

I have attempted to contact you by telephone as requested in your letter, but have been unable to reach you. I am not able to leave you a voice mail because the jail’s telephone system requires a live person to answer the call and explicitly accept the call.

Nevertheless, given my experience and history with CBSA, I believe it best that all of my contact and interaction with CBSA be recorded. And, since I am in custody and BC Corrections refuses to provide me copies of the recordings of my telephone calls, I believe that limits us to written communication, by mail.

I have no objection to speaking with you, or with anyone else from CBSA, in person, as long as I am able to record it.

Before I go any further, there is one ambiguity I request you clarify: Are you seeking to address only the complaint about Mr. Marson’s allegedly defamatory statements to third parties regarding my identity and citizenship; or the larger and much more significant issue of CBSA’s corruption and misconduct in their handling of me and my circumstances? This will determine which information and evidence I have will be relevant to you.

Please let me know how you wish to proceed.

I thank you for your time and assistance in this matter.

Most sincerely,

Patrick Fox
On Fri, Jan 10, 2020, Steffan Tzetzos wrote:
CBSA Letterhead
Canada Border Services Agency
Enforcement and Intelligence Division
4th Floor - 1611 Main Street
Vancouver, B.C.
V6A 2W5
Jan 10, 2020
Attn:
Patrick Fox
1451 Kingsway Ave
Port Coquitlam, BC V3C 1S2

Dear Mr. Fox:

I apologize that you were unable to reach me on the phone however based on your most recent letter I will reply to you via mail so that you have a record of our correspondence.

I have taken the opportunity to review the material that you articulated in your initial letter and have found that that all CBSA staff acted in accordance with all applicable legislation, policies and procedures. Our officers have concluded that you are a citizen of Canada based on a valid Ontario birth certificate and Canadian passport which were issued to you. As we have concluded that you are a Canadian Citizen there is no further lawful investigative steps that we may take.

If you have evidence to prove that you are a citizen of another country I recommend you correspond with that country's Government to obtain any necessary documents. At this time the CBSA will not be taking any further action with regards to your request.

Yours truly,

Steffan Tzetzos
Manager
Intelligence Section CBSA

Government of Canada logo
On Tue, Feb 04, 2020, Patrick Fox wrote:
Patrick Fox
1451 Kingsway Ave
Port Coquitlam, BC
V3C 1S2
February 4, 2020
Attn:
Steffan Tzetzos
CBSA
Enforcement and Intelligence Division
4th Floor - 1611 Main St.
Vancouver, BC V6A 2W5
Re:
CBSA's false and defamatory claims about my identity and citizenship

Dear Mr. Tzetzos:

Thank you for your letter post marked 2020-01-10.

I wasn’t going to bother responding because the points you raised are the same points CBSA has been relying on since 2008, and I’ve already addressed them, at length, in my 2019-12-09 letter to Daniel Marson. Also, the points you’ve raised have already been rebutted and disproven through actual, PHYSICAL evidence. Therefore, I believe any further discussion with you on the matter would be futile. Your refusal to consider or to pursue evidence which might disprove CBSA’s stated position with respect to my status shows that you are either being blindly unreasonable, or deliberately trying to cover up some egregious misconduct on CBSA’s part. Either way, as I say, further discussion would be pointless.

I do, however, want to let you know that I did notice your repeated and consistent use of the term "concluded", as opposed to "proven" or "confirmed", in your letter. I have no objection to CBSA stating they have concluded anything at all about me. My objection was to Mr. Marson stating CBSA has "proven" and "can confirm" I am the person who was born Ricky Steve Riess in Sudbury, ON.

To be clear, according to Websters Dictionary:

confirm:
3. to prove the truth, validity, or authenticity of. SYN – to confirm is to establish as true that which was doubtful or uncertain.
prove:
2. to establish as true; demonstrate to be a fact 3. to establish the validity or authenticity of.
conclude:
2. to decide by reasoning; infer ; deduce 3. to decide, determine 4. to arrange or settle; come to an agreement about

So, a conclusion amounts to nothing more than an opinion, a belief, which may or may not be reasonable and rational.

And finally, with regard to your recommendation that I correspond with the government of my country of origin to obtain documents to prove my citizenship: Thank you. You would think someone as intelligent and methodical as myself would have thought of that. And when I am no longer within CBSA’s jurisdiction perhaps I will provide you a copy of such documents.

Most sincerely,

Patrick Fox