Civil Conspiracy in Divorce Actions

Family Civil Rights Movement - 2015Civil Conspiracy and Civil RICO in Divorce Actions – Family Law Reader

I. Introduction

There is little question that fraud in procuring a settlement agreement can justify setting aside the agreement and judgment. E.g., In re Marriage of Modnick, 33 Cal. 3d 897, 191 Cal. Rptr. 629 (1983); Compton v. Compton, 101 Idaho 328, 612 P.2d 1175 (1980); Anderson v. Anderson, 399 N.E.2d 391 (Ind. Ct. App. 1979); Daffin v. Daffin, 567 S.W.2d 672 (Mo. 1978).

Fraud in procuring a settlement can also be the basis for an independent tort action. Hall v. Hall, 455 So. 2d 813 (Ala. 1984); In re Benge, 151 Ariz. 219, 726 P.2d 1088 (Ct. App. 1986); Dale v. Dale, 66 Cal. App. 4th1172, 78 Cal. Rptr. 2d 513 (1998); Den v. Den, 222 A.2d 647 (D.C. 1966); Oehme v. Oehme, 10 Kan. App. 2d 73, 691 P.2d 1325 (1984); Burris v. Burris, 904 S.W.2d 564 (Mo. 1995); Carney v. Wohl, 785 S.W.2d 630 (Mo. Ct. App. 1990); Hess v. Hess, 397 Pa. Super. 395, 580 A.2d 357 (1990). See also Vickery v. Vickery, 1996 WL 255755 (Tex. Ct. App., December 5, 1996) (wife awarded $9 million against husband for fraudulently procuring divorce and marital settlement agreement, and $450,000 against husband’s attorney),affirmed over dissent in light of Schleuter v. Schleuter, 975 S.W.2d 584 (Tex. 1998),Vickery v. Vickery, 999 S.W.2d 342 (Tex. 1999). See generally, Robert G. Spector,Marital Torts: The Current Legal Landscape, 33 Fam. L. Q. 745, 757 (1999); Cary L. Cheifetz, The Future of Matrimonial Torts: The Unmapped Landscape, 15 Fair$hare 4 (August 1995). The courts are especially harsh with spouses that commit fraud who are attorneys. Anderson v. Anderson, 399 N.E.2d 391 (Ind. Ct. App. 1979); Scholler v. Scholler, 10 Ohio St. 2d 98, 462 N.E.2d 158 (1984); Webb v. Webb, 16 Va. App. 486, 431 S.E.2d 55 (1993).

The concealment of marital assets during the divorce proceeding has also given rise to tort actions. Swain v. Swain, 576 N.E.2d 1281 (Ind. Ct. App. 1991); Garrity v. Garrity, 399 Mass. 367, 504 N.E.2d 617 (1987). But seeBeers v. Beers, 724 So. 2d 109 (Fla. 5th DCA 1998); Nederlander v. Nederlander, 205 Mich. App. 123, 517 N.W.2d 768 (1994); Smith v. Smith, 113 N.C. app. 410, 438 S.E.2d 457 (1994); Schleuter v. Schleuter, 975 S.W.2d 584 (Tex. 1998); Gardner v. Gardner, 175 Wis. 2d 420, 499 N.W.2d 266 (Ct. App. 1993).

Spouses have even been successfuly in asserting violations of securities laws. Evans v. Dale, 896 F.2d 975 (5th Cir. 1990). But see Head v. Head, 759 F.2d 1172 (4th Cir. 1985); McHugh v. McHugh, 676 F. Supp. 856 (N.D. Ill. 1988); d’Elia v. d’Elia, 58 Cal. App. 4th 415, 68 Cal. Rptr. 2d 324 (1997).

But what can a spouse do when a third party or parties conspires with a spouse to hide marital assets? Is there a cause of action against the third parties? Increasingly, some spouses have been turning to civil conspiracy and Civil RICO.

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Don’t Let Family Court Defraud You! ~ Families Civil Liberties Union

FCLU Has Opened A Formal Federal Trade Commission (FTC) Case. – FTC

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“Family court is the greatest fraud ever perpetrated on the American Public.”

Family Court / Family Law is a made-up business of consumer fraud, racketeering and collusion invented, marketed and protected by the monopolistic American Bar Association, ABA-member, predatory  lawyers, supportive and collusive ABA-members, Judges and their friends, and the “Experts.” 

Family law is a Brilliant Racket created to extort your family’s life savings through un-ending litigation prolonged deliberately by lawyer-instigated conflict, ambiguous laws and absurdly inefficient procedures at a time when you are most vulnerable and in need of help.  The system has no interest in actually divorcing you until you are picked clean of your life savings.  Once picked clean, the system drops you for the next victim.

There is no gender bias in family court. Those who suggest this are perpetuating the fraud.  Since Family Court has been transformed into one massive, fraudulent scheme, Judges punish both sides equally – Mother, Father, Man or Woman, it makes no difference.  These people will collectively take every last dime you have, or ever will have.

Buyer beware.

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For years, “Custody Evaluator/Therapist” Marsha Kleinman committed the most atrocious professional violations imaginable in family court by routinely coaching innocent children to say they had been sexually abused by their parents in order to gain a leg up in custody battles for her clients and revenue for her professional practice.  And, for years, New Jersey denied such criminal action could possibly occur.  By state law, children are subjected to vaginal rape exams for each and every false accusation perpetrated by unethical and fraudulent lawyers, judges and “experts” in their games for revenue.  Marsha Kleinman has put innocent men behind bars and destroyed the lives of countless children.  Professional behavior such as Ms. Kleinman’s is repeated daily in courthouses across America by similar “experts” and is fueled by family law attorneys and condoned by the family court system for revenue.  The false sexual abuse accusation is #4 in their sick Family Law Playbook.

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American family courts, the First Amendment, and violations of free speech: Part II — A Voice for Men

Guy Mann recently penned his observations on the tyrannical nature of Family Courts and their impact on fathers and children. Here we bring you the second and final part of his exposé.

via American family courts, the First Amendment, and violations of free speech: Part II — A Voice for Men

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Non Payment of Child Support Indigent Defense | Turner v. Rogers

Turner v. Rogers and its Importance in Indigent Defense

| Criminal Law & Psychology Blog |

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I wanted to take some time out of my schedule to discuss Turner v. Rogers while it’s still recent and I remember my thoughts on the matter.  First, I will provide some basic background on the case.  Then, I will discuss the basic legal and policy arguments of the case.  Finally, I will turn attention to my predictions and the importance of this case for indigent advocacy in general.

I. HISTORY OF THE CASE

What is this Turner v. Rogers case I’m talking about?  The answer, thankfully, is rather straightforward.  This case involves two indigent parents involved in a dispute over child support.  The mother, Ms. Rogers, brought a straightforward court claim against Mr. Turner for child support he owed to their daughter.  So far, nothing out of the ordinary.

The noteworthy aspect of the case is that Mr. Turner is indigent, a formal term for a person who is poor; presumably below the poverty line.  In terms of full disclosure, both Ms. Rogers and Mr. Turner were indigent parents.

The court in this case held Mr. Turner in contempt for failing to pay for his child support obligations.  A proper defense to this failure is an inability to pay based upon lack of necessary income.  If that’s the case, why did the judge hold Mr. Turner in contempt?  There is both a broad and specific answer.  The broad one is that the poverty defense is an affirmative one — one that a defendant must prove in order to avoid being held in contempt.  The specific answer is that Mr. Turner lacked an attorney, who would have certainly asserted this defense.

In these situations, a person can typically be held in either civil or criminal contempt, the specifics of which vary by jurisdiction.  This case occurred in South Carolina, where a person facing civil contempt may be incarcerated as a result.  That’s what occurred with Mr. Turner, who was sentenced to serve jail time for being what most us know in lay terms as being “a deadbeat dad.”

Mr. Turner appealed his case all the way up to the South Carolina Supreme Court on the grounds that he was entitled to have an attorney appointed for him since he could not pay for one on his own.  The South Carolina Supreme Court disagreed with his claim and, as a result, he petitioned the US Supreme Court to hear his case.

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Save children and families being decimated by American Family Courts.

Petition · Support the Innocent Family Project! · Change.org

Innocent Family Project

 
It took a team of investigative reporters and people speaking up  to save kids to from decades of sexual abuse imposed  by the powerful members of the  Catholic Church.

It will take a greater effort to save children and families being decimated by American Family Courts.

CAN you imagine losing time with your children, your parents or family members  for a day, an hour, a month, a year or ten years?  PLEASE SIGN THIS PETITION.

CAN you  imagine losing (through no fault of your own)  a lifetime of your retirement savings, your house investment, your cash, your cars and your  children’s college savings accounts, simply because your spouse filed for divorce and hired a lawyer willing to decimate you  and your children? PLEASE SIGN THIS PETITION.

CAN you imagine your elderly parents, grandparents and aunts or uncles losing their life’s fortunes, simply because a crooked trustee in probate court is allowed to legally steal their money ? PLEASE SIGN THIS PETITION.

Millions of good parents and innocent children don’t have to imagine this, it is happening to them in family courts across the globe, especially in California, and has been for decades.

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Lawyers would rather try heinous murder cases rather than one family law case.

Family law is not for the faint of heart, and institute teaches best principles and methods ~ Tulsa WorldAmerica legal system failure 2016

Family law is a tough practice.

Children’s futures are at stake. Homes and any monies involved are being divided. Cases turn ugly in a moment, and attorneys representing their clients must be prepared for these sometimes unexpected mood shifts.

Family Court vs Criminal Court - 2016.pngSome Tulsa attorneys admit they would rather try a number of heinous murder cases rather than one family law case.

Judges have been heard to say they dread the controversial and contested family law cases because no one clearly is the winner and everyone loses when all cards have been played.we-need-a-winner-2015

Even attorneys involved in a family law practice have difficult times because of the twists and turns a case might have. Shane Henry, who practices family law with the Fry and Elder Law Firm, said he consistently lost cases during his first three years in practice and knew he needed additional training.

The question was where to go.

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Captured By A Gender Ideology

W.A.V.E. Women Against VAWA Excess

Title IX and the Office for Civil Rights: Captured by a Gender Ideology

Recently the National Organization for Women held its 50th Anniversary Conference in Washington, D.C. One of the sessions, “Ride the Title IX Wave: Expanding the Network and Protecting LGBTQIA Students,” revealed the extent to which the Title IX law and the Dept. of Education’s Office for Civil Rights have come under the sway of a controversial gender agenda – all in the name of promoting sex “equality.”

The session’s description stated:

“One excellent example of how Title IX compliance can be successfully applied comes from the University of New Mexico where a cross campus collaboration strengthened LGBTQIA inclusion and visibility. A tool kit will be distributed on how to work with university officials and the community to advance LGBTQIA interests, leverage legal liability and build a strong foundation for Title IX compliance.”

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