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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American Family Courts and 1st Amendment violations of free speech

Part II — A Voice for Men

freedom-c421The tyrannical nature of Family Courts and their impact on fathers and children

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 MenUSA free-speech zone - 2016

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The BEST Parent is BOTH Parents

A million sports fans are descending on San Francisco to celebrate the Super Bowl and so are Family Rights and Father’s Rights activist, homeless advocates, Black Lives Matter protesters and dozens of other activist groups.https://www.facebook.com/TheLoveAndIronProject/photos/a.256371791120035.62529.256359997787881/405790026178210/?type=1&permPage=1

If the issue has ever made headlines, expect to see a protest about it in the Bay Area next week.

The protesters hope to use the national spotlight from the Super Bowl to draw attention to everything from immigration and urban farming to police brutality and the rights of African Americans.

Lisa Marie Alatorre, from the Coalition on Homelessness, told the San Francisco Chronicle her group is hoping to capitalize on the Super Bowl to get the word out about their message.

“A lot of people are upset, and having millions of eyes on San Francisco is an opportunity to get national and international solidarity with the people and causes here.”

51933-policethepoliceEarlier this month, Black Lives Matter protesters shut down the San Francisco Bay Bridge during rush hour by chaining themselves and their cars to the freeway to protest the city’s handling of the Mario Woods police shooting.

Now, in the lead up to the Super Bowl, some law enforcement officials are worried about copycat rallies that could disrupt traffic and hamper week-long festivities.

Cat Brooks, co-founder of the Anti-Police Terror Project, told the Mercury News she would be shocked if there were no protests during Super Bowl weekend.

“It would behoove organizers who want to get the message out about the atrocities happening to black and brown people to utilize that weekend when there will be so many people here from around the world.”
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Source: Activists Flock To Super Bowl 50 For Massive Protests

Biggest Civil Rights Problem - Most Urgent Social Cause - 2015

Injustice against one American is injustice against all Americans. Help us put the Justice back into Child Protective Services and get them focused on finding and saving abused children. It’s time we removed them from the profitable business of tearing loving non-offending families apart.