Tag: judicial system

accountability, Collin County, Texas, corruption, crime, lawsuits, RICO, system failure children
RICO Lawsuit Against County & District Clerks Association of Texas

FOTP Editor Files RICO Lawsuit Against County & District Clerks Association of Texas

federal Racketeering Influenced and Corrupt Organizations (RICO) lawsuit in Sherman last week. Fussell is our editor for the six Collin County newspapers FOTP Group has planned. This lawsuit, filed in the Southern District of the federal district in Texas, includes several plaintiffs — including Fussell’s sister, who lives in Midlothian — who allege the County & District Clerks Association of Texas of committing fraud, racketeering, money laundering and a mountain-full of other crimes. The petition (see documents below) is intense reading material. It’s been redacted of plaintiffs names (seven in all) for publication, but it is public record in the court file system.
 Some excerpts:

 (emphasis added)

“…create a criminal enterprise under the misrepresentation of a Government Office, for the express intent to reclassify Plaintiffs as offenders, or abusers to meet a condition precedent for CDCAT to fraudulently qualify Plaintiffs’ family and children for CDCAT Multiple Employer Welfare Benefit Plan and Trust.”

“…entered into various Rule 11 agreements absent Plaintiffs’ consent, discussion, or agreement.  Plaintiffs are still unable to obtain a record or accounting of such Rule 11 agreements.  Said actions constitute a serious Breach of Fiduciary Duty, and Plaintiffs request this court to issue relief as allowed by law.”

“20.       Various District County Courts issued a “General Order, which is described as a standing order to protect property and children pending litigation of a divorce or child custody order. .. Included in the standing order is the following:

“No party to this lawsuit requested this order.  Rather, this order is a   standing order of the Collin County District Courts that applies in every divorce suit and every suit affecting the parent-child relationship filed in  Collin County.  The District Courts of Collin County have adopted this order because the parties and their children should be protected and their  property preserved with the lawsuit is pending before the court.”

21.       Defendants created the standing order which has the same effect as a Protective Order under Texas Family Code Section 85. The rules of procedure are significantly different for processing cases in which the parties are parties to a Protective Order verses processing a court case when the parties are free from such.

Readers and researchers will see one phrase used repeatedly, and the context of this is crucial to understanding  the entire case. Lisa Fussell is not just any editor of mine. Her father is the architect of an investment vehicle Collin County’s government implemented for themselves: a Multiple Employer Benefit Plan

“Said order, reduced to writing, will also include multiple clauses and contractual terms as necessary for Defendants to process the Divorce Decree as a contract which purports the parties agree to participate in Defendants’ Multiple Employer Benefit Plan. “

This is pretty powerful verbage too, as this gets to how the judiciary in Collin County (and probably all over the country) is basically one gigantic corporation:

Certain Plaintiffs represented themselves through the duration of their cases.  A significant amount of Defendants success depends on misrepresentation by association attorneys.  Absent this advantage, Defendants resort to wholly falsifying court documents or tampering with government documents.  Plaintiff, [redacted by publisher], had previously divorced in Collin and Grayson Counties.

Through the course of [redacted by publisher]’s present involvement with Defendants, CDCAT completely rewrote Plaintiffs previous Divorce Decrees, which were entered by the presiding judge after her ex-husband signed a 2002 waiver under the waiver provision.

Defendants fraudulently rewrote the orders as Agreed Orders moreover adding provisions into the order that enrolled [redacted by publisher]’s children so as to receive benefits from the Multiple Employer Benefit Plan.  Defendants not only added and rewrote the previous orders, but moreover forged [redacted by publisher]’s signatures, backdated clerk stamps and substituted Official Notary Statements.

So, what happens when one goes up against the “Corporation?”

“The Honorable Judge John Roach Jr. forewarned her of his intended retaliation a month before the DA filed the charges.”

“[Another plaintiff] was falsely imprisoned on a court order that was never set for hearing.”

“[Another] Plaintiff was indicted on a court order that was vaguely rendered that does not exist.”

A list of the generalities that are being alleged that the County & District Clerks Association of Texas committed:

  1. Abuse of Process
  2. Statutory Fraud
  3. Fraud of Nondisclosure
  4. Bad faith
  5. Defamation
  6. Malicious Prosecution
  7. Mail obstruction and unlawful mail opening
  8. Negligent Misrepresentation, and
  9. Conspiracy

 The plaintiffs filed suit against the County & District Clerks Association of Texas (CDCAT), which is “under the authority of the International Association of Clerks, Recorders, Election Officials and Treasurers (IACREAOT),” specifically alleging the following:

[Emphasis by The Ellis County Observer publisher]

–> Plaintiffs recently discovered check dispersing of substantial sums of money from the court Registry of certain court cases in which Plaintiffs’ children are designated in the Odyssey System as “Secured Parties”

–> Defendants further retaliated against Plaintiffs who unsuccessfully inquired about the registry checks utilizing various forms of intimidation which included abuse of power.  Plaintiff, contacted the presiding officer of the commissioner’s court, Keith Self, about the Registry disbursements in collin county that where discovered in the family law case. (See exhibit B).

Within five days, said Plaintiff was brought before the court in a disposition for the family law case, however,  the disposition was a unexplainable thrust on plaintiff mere days after his inquiry to Judge Self.  The family law councilor questioning him focused the “deposition”  to the subject of the inquiry to Commissioner Self.  A few examples are “have you been harmed in some way because of any money transferred in the Registry”, and “what do you think the checks you saw written in the Register mean to you?”

 Documents:
[Word Document | Click Here to Read, Download or Print | Federal Lawsuit vs. CDCAT]

[PDF | Click Here to Read, Download or Print | CDCAT Bylaws]

 See Also: Freedom of the Press Group Collin County https://www.facebook.com/pages/Freedom-of-the-Press-Group-Collin-County/187102218005916

See Also: FOTP Group Editor Re-Indicted http://www.elliscountyobserver.com/2011/06/09/1-of-my-editors-has-been-re-indicted-in-collin-county/

See Also: Brooke Muncie-Weltzer Bogus Kidnapping Arrest; McKinney Cops Cover-Up
http://www.elliscountyobserver.com/2011/05/09/collin-county-brooke-muncie-weltzer-didnt-kidnap-her-son/

See Also: ARC of Texas Process in Texas Courts System:
http://www.elliscountyobserver.com/2011/05/27/chart-arc-process-in-texas-court-system-does-ellis-county-work-this-way-too/

ARC Chart Below:

Program

1. Academy of Special Needs Planners

2. ARC (Non-Profit Corporation)

3. Municipal District

4. Court System

Players

1. Title IV-D (Attorney General)

2. DFPS

3. Judges

4. Bank of America and JP Morgan Bank

5. Psychologists / Home Study Experts

6. Special Needs Attorneys

7. Abusive Parent

8. Our Children

9. Protective Parent

10. Law Enforcement

 Process

1. The Court orders Alternate Dispute Resolution (ADR)

2. The Special Needs Attorney determines the wealth of the family

3.  One of the parent becomes the target of the courts, DFPS, and law enforcement

4. To obtain evidence the Court orders a psychological exam and a home study

5. The Court utilizes the evidence to build an adverse case against one parent

6. The build a stronger case DFPS testifies in Court about the TI’s drugs, abuse, mental instability

7. Judge removes conservatorship rights

8. Special Needs Attorney assumes temporary guardianship using the temporary guardianship form

9. Working in cooperation with DFPS and the ARC program – the children are labelled with special needs

10. A trust fund is established by the Special Needs Attorney vis-a-via the ARC

11. Bank of America and JP Morgan Bank then invests the money or borrow against assets

12. The trust fund is overseen by the municpal districts and the Title IV-D Office

Outcome $$

1. Pooled Trusts

2. Liens

2. Domestic and international 501C corporations

3. Retirement Funds

cps
This is M.D. one of the children not forgotten…
Source of Stories: PLAINTIFFS’ ORIGINAL COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AND REQUEST FOR CLASS ACTION in the recent lawsuit filed on behalf of 12000 foster children in the State of Texas against Governor Rick Perry, Thomas Suehs, Executive Commissioner of the Health and Human Services Commission of the State of Texas and Anne Heiligenstein, Commissioner of the Department of Family and Protective Services of the State of Texas.

There are several “named plaintiffs” suing the Texas system. They are children who have had to live in foster care on a long-term basis and they represent a “class action” suit on behalf of over 12000 other foster children.

Usually a foster care stay is approximately 12 to 18 months if all goes well, but for the not so fortunate, the stay in foster care may last for years. Many children never find a permanent home, and “age out” of foster care as a young adult who has not learned how to find a sense of security or how to trust people.
These children have become a product of their environment, harmed by the failure of a government system that needs not just an overhaul, but a miracle to fix. Whether an oversight created some problems or a lack of financial funding for a private foster family or residential facility occurred because of some bureaucratic red tape – the effects trickle down and the leftover mess is cleaned up by the ones that matter the most – the children – and when I say cleaned up, I mean dealt with.

Most of the time, the higher ups will never put a face to the name – or number these innocent children have become. Most of the time, these are not accidents, or unforeseen circumstances, but completely preventable and avoidable situations that leave these children paying the ultimate price by living in an unimaginably painful world. Negligence, abuse, misconduct, untrained workers, caregivers with backgrounds that should keep them from working in any environment ‘designed’ to protect children….are some of the causes for the damage done to these children. Caseworkers carry too high a workload with too little incentive or not enough pay for long hard overtime work hours so the turnover rate is high. The need to hire more workers often means they are not always experienced or even properly trained to deal with the depths of the situations they will encounter in their job. The real life situations of a child that they must protect if at all possible, realizing their decisions may change the course of many lives forever. That is not a light responsibility to be taken, and when the workers are hired and fired or quit so often that motivation to do the job right is low, lives can be ruined. Destroyed. By one choice made, or one decision.

I can barely touch the issues our system must address in order to affect a noticeably positive change that those families named in the lawsuit as well as those who are not. will benefit from. One thing is clear, anyone involved in the system will become someone new before its over with. The lawsuit outlines what the issues are that the children see in their daily lives when living in foster care. The lawsuit places the failures on the table for all to see now, not just the children, but anyone else who has not, until now, taken a look.

Its Almost Tuesday is thrilled that legal action has been sought to find justice for these children and families. Meanwhile we await the outcome of the battle ahead that the lawyers must face, and we can only cross our fingers that the outcome we can anticipate will be in favor of the children. We can only hope it will not only be in favor of the children, but also begin the road to remedy the harmful effects they have suffered. Somehow. Having said that it only seems appropriate now, to take the time to get to know these children, starting with M.D. the first named child plaintiff in the lawsuit.

M.D. is the first of many stories we will share. Remember, these stories are real. These experiences have been lives of children not unlike yours or mine — they have been caught up in an unfortunate trap set by a system out of control.

Child Welfare. Child Protection. How much do we see in these stories? Have these children been protected?

If they had been we would not watch as lawsuits are filed. If they were protected, I would not be writing this blog; or introducing you to these children. Although we will only learn their initials and not their full names, we will hopefully learn something about who they are – and not forget them.

Its Almost Tuesday commends all the survivors of the foster care system, applauds them for their courage when living in a world they never should have known…

This is the story of M.D.

M.D. is a fourteen-year-old girl from Corpus Christi, in Nueces County. M.D. was originally brought into state custody at age eight, placed with relatives, and then again brought back into state custody at age ten. Over the four years that M.D. has most recently been in the care of the state, DFPS has repeatedly failed in its obligation to provide for her safety and wellbeing. Instead of providing her with services and therapy to address the maltreatment that caused her removal from her parents and the abuse she suffered while living in a DFPS-selected placement, DFPS has compounded that trauma by placing her for years in inappropriate institutions; failing to provide her with critically-needed mental health evaluations and services; over-medicating her with powerful psychotropic medications; failing to seek and secure an appropriate permanent home for her; and subjecting her to numerous and frequent placement moves that have prevented her from establishing lasting relationships with caregivers, therapists, or even other children.

When M.D. was eight years old, DFPS removed her from her parents due to neglect by her mother and abandonment by her father. After nine months in the state’s custody, DFPS placed M.D. in conservatorship with her aunt and uncle. However, when M.D. was ten years old, DFPS removed her from this home, because her cousin sexually assaulted her while she was
under the aunt and uncle’s conservatorship.

After removing M.D. from her relatives’ home, DFPS moved the ten-year-old child through three foster placements over the next six months. Eventually, DFPS placed M.D. in a foster home in Dallas, over 400 miles from her home community.

Toward the end of 2007, DFPS moved M.D., still only ten years old, to an institution, an RTC in Victoria. After three months in this facility, M.D. became suicidal. She stayed there for almost two and a half years, steadily deteriorating both emotionally and psychologically. During this time, DFPS assumed PMC of the child.

From the RTC, DFPS sent M.D. to an acute care facility just outside of Houston, without making any permanent plans for her. After two months, DFPS moved M.D. 300 miles away to yet another RTC in Denton.

While at that RTC, M.D. and another young child left the facility and walked to a nearby retail establishment where M.D. was raped. After the rape, DFPS did not provide M.D. with any special counseling, even though M.D. was so traumatized that she had started cutting herself.
Instead, RTC staff chastised M.D. for leaving the facility. In the midst of the emotional turmoil resulting from the assault, DFPS sent M.D. to a juvenile detention center after a disturbance at the RTC.

During the four years that M.D. has been in foster care, DFPS has moved her through at least seven different foster placements, as well as hospitalizations. For much of this time, this young child has been kept in institutions of one kind or another – RTCs, psychiatric centers, and detention facilities. With such an existence, M.D. has been unable to form any lasting relationships.

M.D. is currently placed in an austere, restrictive short-term therapeutic placement in San Antonio. M.D. has no privileges of any kind. She has no visitors. She cannot have any toiletries. She is warehoused and alone. Her DFPS caseworker has said that M.D. will be transitioning from this facility to another RTC.

As M.D. has moved through the foster care system, she has been given numerous psychotropic medications. These drugs have been used as a chemical substitute for the care, counseling, and permanent placement in a family that DFPS is obligated to seek and secure for her. M.D. is now diagnosed with bipolar disorder and depression.

While M.D. is nominally in the eighth grade, she has been placed in a number of schools attached to the institutions where she was placed. In those schools, she has been advanced from one grade to the next based on her age. Her true academic progress has been constantly interrupted by her placement in a series of far-flung facilities.

Although DFPS knew early on that M.D.’s parents were not capable of parenting her, and in fact had removed her from their care in 2005, it was not until July 2010, more than three years after she was brought into foster care for the second time, that M.D. was freed for adoption.

Despite the fact that M.D. has consistently asked to be adopted, DFPS has continually failed to seek and secure a permanent family for this lonely child. At the age of fourteen, M.D. faces the prospect that she will age out of care after four more years of being shuffled around the state from institution to institution.

Defendants have violated M.D.’s constitutional rights by failing to protect from her from harm while in their care; failing to provide adequate supervision over her foster care placements; subjecting her to frequent moves across the state far from her home community; failing to arrange for adequate therapy to address the trauma she has suffered both before and while in DFPS custody; subjecting her to unnecessary psychotropic medications; keeping her for long periods in institutions; and failing for years to identify or plan for an appropriate permanent placement.

child death, child welfare reform, foster care abuse, cps, domestic violence, education, family, foster care, General, government, system failure
Over 1300 online petitioners say judicial actions in FLDS case is deserving of impeachment

Click Here to view the 1385 Online Petition Signatures to Impeach Texas District Judge Barbara Walther Over FLDS Fiasco

Published by Daniel T. Weaver on Jun 01, 2008
Category: Government/Law
Region: United States of America
Target: State of Texas
Description/History:
Texas Judge Barbara Walther authorized the removal of more than 400 children from an FLDS compound in Texas and their placement in foster care.

Both an appellate court and the Texas Supreme Court have ruled that the children and parents must be reunified. Even now Judge Walther is blocking the reunification by attempting to get parents to sign agreements with Child Protective Services before they can be reunited with their children.

Barbara Walther’s actions constitute one of the greatest violation of constitutional rights in the State of Texas and she should be impeached and removed from office. This petition will be forwarded to Texas lawmakers after enough signatures are collected.

Signing this petition does not mean that you necessarily support the FLDS and their religious views.

(This petition was created by a third party who is not necessarily affiliated with nor is this petition the true reflection of the opinion of It’s Almost Tuesday – the views and opinions of this Petition is wholly its own, and independent of Its Almost Tuesday.  We are simply sharing the petition’s information for those who wish to sign it.)

Petition:

Whereas Texas 51st District Judge Barbara Walther has violated the constitutional rights of more than 400 children and their parents of the Fundamentalist Latter Day Saints Church (FLDS);

and whereas Judge Barbara Walther took an oath to defend and protect the Constitution of the United States and the Constitution of the State of Texas and has violated that oath;

and whereas both an appellate court and the Texas Supreme Court have sided with the FLDS children and their parents against Judge Barbara Walther;

and whereas the actions of Judge Barbara Walther have resulted in a great financial cost to the State of Texas and its taxpayers;

and whereas Judge Barbara Walther’s actions constitute one of the greatest violations of constitutional rights in the history of the State of Texas;

and whereas Judge Barbara Walther should have known ahead of time that what she was doing was unconstitutional, since the Island Pond Raid in the State of Vermont in 1984 was almost identical, and there are other similar cases on record where judges refused to support unconstitutional raids by Child Protective Services;

and whereas Judge Barbara Walther has impeded the reunification of parents with their children, even after the Texas Supreme Court ruled that they should be reunified;

we ask that proceedings begin immediately for the impeachment of District Judge Barbara Walther of the State of Texas.

Click Here to Sign the petition

The Impeach Texas District Judge Barbara Walther Over FLDS Fiasco petition to State of Texas was written by Daniel T. Weaver and is hosted free of charge at GoPetition.

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