Let's Get Honest! Blog: Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?…' (posted 3/23 & 3/5/2014). Over 680 posts, Public-Interest Investigative Blogging On These Matters Since 2009.

Operating Systems Analysis for Family Law System — see the RICO Act

with 2 comments


A recent post from a blogger friend of mine focuses — as we are taught to do– on the PSYCHOPATH/SOCIOPATH characters of litigants.

As with “Whacko in Wisconsin” post (subtitle  “No, I’m NOT talking about the litigants…) I propose that it’s less

“The Tactics and Ploys of Psychopath Aggressors in the Family Law System

as written by a reputable “Independent Advocate for Children and Families,” Dr. Charles Pragnell.

than.

The Tactics and Ploys of THE Psychopath Aggressors OF the Family Law System (including those who designed it!)

as proposed by me, an Independent “Devil’s Advocate” for my fellow-blogger, above, and practically anyone selling “solutions” for the crises (plural) in the courts which have any mental-health, jurisprudo-therapeutic-jargon-DSM-centric psycholinguistic talk

ANokYWHERE ON ANY PROPOSED ANALYSIS.

WHILE TRUE THAT THERE ARE PROBABLY PLENTY OF PSYCHOPATHS AND SOCIOPATHS WHO LOVE TO DOMINATE OTHERS WITH IMMUNITY — AND ARE SMART ENOUGH TO SET UP AND RUN SYSTEMS TO LEGALIZE THIS ACTIVITY — I HAVE A DIFFERENT ANALSYSIS.

This paradigm is closer to the rock-bottom truth (and will offend almost anyone I’ve been dealing with in these matters in past years), and is not a jest.

  • The analogy of Family Law System as a Giant Squid, while it did ring true for me, and seem a valid paradigm, was obviously my joke, to relieve the pressure (by mocking the danged thing).
  • The Alice in Wonderland analogy (shared — or was it co-opted?) by others is also truthful — normal English words (for example, “Child Support Enforcement!”) take on new and strange applications.  So yeah, for those who know Lewis Carroll’s book (or, an imitation — a recent movie about it) — that might ring true.
  • RICO analogy is no joke.  It’s in earnest, and I think in its rock-bottom quality, that’s what the family law system IS.  One has to look at the interrelationship of parts — not just the ones at the front and public storefront segments of this system.

I do believe this one is closest to its heirarchical structure, extent, and purpose.

SO, today, below, I post link to an explanation of RICO by Mr. Grell — whose qualifications are stunning to explain this concept:  Georgetown University School of Law, magna cum laude, 1990, Assistant Attorney General ,Minnesota (2008-2010), plenty of court practices, he teaches or has taught it as at Univ. of MN, but most telling to me — he has been prosecuting and defending RICO cases quite a bit, and teaching on it as well.  Some say “those who can, do, but those who can’t -teach.”  It obviously doesn’t apply, here.   So check it out…

WHY STUDY RICO TERMINOLOGY?

— the terms are a primer of understanding the interrelationships between the court entitites, the involvement of the US Federal Government’s grants to states, and the BEHIND CLOSED DOORS DEALS made to dupe and extort parents (and taxpayers) in so many matters.

WHY AM I POSTING IT NOW?

Well, I have already begun reporting on these things, and once one begins to “squeal” the best thing is to probably keeping on reporting — and in public — for self-protection, if nothing else.  If people have questions about this “take” on the courts — I think the analysis holds, and without the emotion-based, cognitive-activity-curtailing rhetoric of PAS / anti-PAS (true or false, it’s the heartbeat of the courts, in the bottom line) or gender talk.

What gender, again, is money?

RICO — Check it out!

(if the shoe fits, wear it…)

COURT PRIMER 101:  RICO

“When it was passed in 1970, the RICO act was intended to eliminate the influence of the Mafia in the nation’s economy.”

RICOACT.com LLC JEff GRELL

In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act, Title 18, United States Code, Sections 1961-1968. At the time, Congress’ goal was to eliminate the ill-affects of organized crime on the nation’s economy. To put it bluntly, RICO was intended to destroy the Mafia.

Throughout the 1970’s, RICO’s intended purpose and its actual use ran parallel to each other. Seldom was RICO used outside of the context of the Mafia, and it is not an overstatement to say that civil claims under RICO were simply not brought.

In the 1980’s, however, civil lawyers noticed section 1964(c) of the RICO Act, which allows civil claims to be brought by any person injured in their business or property by reason of a RICO violation. Any person who succeeded in establishing a civil RICO claim would automatically receive judgment in the amount of three times their actual damages and would be awarded their costs and attorneys’ fees. The financial windfall available under RICO inspired the creativity of lawyers across the nation, and by the late 1980’s, RICO was a (if not the most) commonly asserted claim in federal court. Everyone was trying to depict civil claims, such as common law fraud, product defect, and breach of contract as criminal wrongdoing, which would in turn enable the filing of a civil RICO action.

RICO’s broad application was the result of Congress’ inclusion of mail and wire fraud as two crimes upon which a RICO claim could be brought. Given the breadth of activities that had historically been criminally prosecuted under the mail and wire fraud statutes, it was not difficult for creative civil attorneys to depict practically any wrongdoing as mail or wire fraud.

During the 1990’s, the federal courts, guided by the United States Supreme Court, engaged in a concerted effort to limit the scope of RICO in the civil context. As a result of this effort, civil litigants must jump many hurdles and avoid many pitfalls before they can expect the financial windfall available under RICO, and RICO has become one of the most complicated and unpredictable areas of the law.

Today, RICO is almost never applied to the Mafia. Instead, it is applied to individuals, businesses, political protest groups, and terrorist organizations. In short, a RICO claim can arise in almost any context.

The purpose of this website is to simplify this very complicated area of the law and to articulate and make more predictable the legal standards that govern such claims.

My “Disclosure” — I have no business relationship or in fact, any relationship, with Mr. Grell and have never met or spoke with him.  I search the internet for things that make sense of the family law experience and which I believe will help others.  I just posted the intro text on this site’s home page and exhort — encourage –admonish — highly recommend– suggest — and (no, I do not beg) — that readres who are “baffled” by the courts issue, start to “get” that this is the best parallel of how it works around.

Mr. Grell appears to be an expert in this (check bio / CV) and teaches the concepts well, including glossary, and what the terms mean.

JUST FOR A LITTLE REMINDER:


In Pennsylvania’s Kids for Cash scheme, there were RICO elements, as I recall.

In a much older case from Chicago area, involving a woman (who was murdered, and her body driven into a canal, and the investigation covered up by multiple parties — who later got caught) — the Dianne Masters Case, at least three individuals were prosecuted under RICO.

I have blogged both these.

Attributes of such racketeering activity seem to include fraud, bribes, extortion, and money-laundering (front groups).  I am basically proposing that it seems this is the essence of some operations currently central to the court systems.  People talking about “reform the courts” and “train the judges” either are pretty gullible — or in on this, given the information that’s already out there.

THinking about it, if The Mafia was an extended family, who are the ‘FAMILY” members in FAMILY LAW and why are accusations of child-trafficking, sex abuse ignored, and why such a HUGE proliferation of profitable industries springing up around this system, when an existing set of laws says, anyone with a custody dispute comes under the court’s jurisdiction?

You need to know.  This was my first “hint” and more to come.

THINGS OF NATURE:  The closer you look, the more amazing power and beauty, and detail you see — it’s healing, awesome, and refreshing to look out, or be in.  Even when nature does a Earthquake/Tsunami an “Act of God” (so-called) destruction and population wipe-out.  People sit atop some powerful forces.  But inbetween earthquakes, it’s serene, exciting, sustaining, and in general, does something GOOD for the human psyche (as well as providing food).

THINGS of THIS NATURE:  The closer you look, the more disgusted, shocked, incredulous, and concerned (if not downright traumatized) one becomes, particularly if a close friend is involved, or in its grips.  It becomes hard to continue to find hope to persist — but a transfixed horror with the actual state of affairs.  It’s mesmerizing, soul-stopping, and then the after-response is often renewed righteous indignation and commitment to change it.

(That is, unless one is involved and sustained by the system, in which case the sentiment might be — what are those nutty parents complaining about ?  We are helping, rescuing, saving them from themselves!  We are child-rescuers…. Societal cleansers, “Therapeutic Jurists,” etc…)

[[yeah?  well the word Iatrogenic comes to mind also…  The cure is worse than the {alleged} sickness….]]

In short they are opposites.  The psyche’s response to the system, or examining it, is a huge clue as to what the source is.

So read up on RICO, and understand that the “psychology” is the rhetoric (and/or describing the EFFECTS) of the system.

NOTE:  One reason I post this now — after two weeks on and around the SFWEEKLY article (last post or so), I’m in a bit of shellshock (when not amused, or participating) at how tough a sell it is that the organization of the courts actually has an organization — beyond feuding viewpoints and people.  It’s as if most people simply cannot and will not move beyond their emotion (generally anger) and into reason/research other than research used to justify the anger, and then hurled into the “ranks” of the opposing gender.  It gets tiring.

The model is RICO — not “Psycho.”    READ THAT SITE!

2 Responses

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  1. who ever is posting this blog, get your story straight, Jon Walker has never missed a child support payment in his life, you are missing alot of facts on alot. He is a loving father and would never hurt his children or his wife, I know I have been married to him for 5 yrs. this monday the 28th. Also I have no idea where you are getting your false information, but atleast tell the truth, who is this so called meth person involved in our lives or our childrens, cause NO ONE uses drugs that we have in our lifes. She was abusing her children and that is why my husband got custody, these girls are 13 and 11 now, and have been in extensive counseling because of there mother, not because of anything there father did, and as far as the charge of abuse on kaiya walker, GET REAL. she wanted him back and he would not take her back, women do make up lies and of course the police always believe the women, if my husband would of done what she did, he would be in for LIFE. But because she plays the courts with her lies and BS they melt like butter and badger my husband, they were pissed because we alloud Mayzie to do an article in the paper to tell the truth, and she didnt even put explisit details, she just wanted the truth out because of what lies Kaiya and her family were telling. We do not need to bring and aunterouge of people to court, we have done nothing wrong, we have 8 children, and if we were such bad parents, I guarantee, there would be children complaining. I have a daughter who is terminally ill, with a lung disease, and that is why we had to file for bankruptcy, we had no choice. we have a very high deductable and we were charging all of our credit cards to save my daughters life, it cost over a quarter of a million dollars to save my daughters life. there were 3 people in that room the night she took the kids from a SUPERVISED visitation. And only they know what happened. The truth will all be coming out soon, as the case is starting up again. The girls do not want to see there mother ever, She tried to kill her own daughters, just because she cant have her way. She is very evil and coniving human being. She knows how to use the system, she went to college to be a paralegall and 2 other deggrees, she has never kept a job for more than three months, She is the one who is 12,000.00 behind in child support, when she was asked why she quit her job, she said because i gave birth to the girls, why should I have to pay for them, right in court, so get all the facts, especially the ones locked up. So you should not be judging soley on what you can get, unless you get it all. Lets not forget she also killed 2 children already, by having abortions, one with a very high up prominant man who was married in osseo and his wife was pregnant, I could sit here and go on and on, but I feel I have said what I have to say. You know nothing about these girls, they are very happy NOW. they are safe, get excellent grades now, feel safe and very well loved. They have been traumatized enough, and for my daughter to find this article and the lies in it, ONE SIDED at that, just stirred up 2 girls even more, they never told there
    mother anything bad about our home, EVER, that is just another one of her excuses, nothing but lie after lie, you people are the ones hurting these girls, you should not even talk about them, you dont know them at all, and you cannot speak for them. But they can speak for themselves.

    lovingmotherof8

    August 27, 2011 at 2:25 pm

    • Dear Loving Mother of 8:

      I actually read this rant (try putting in some paragraphs if you want a response). Now you’re getting one, but be aware the people most likely to be reading the blog are entities upset with me for “out-ing” things such as slush funds and embezzlement, systemic undermining of due process using federal funds, & other improprieties in government — and not individual wrapped up in their individual cases. I cannot help anyone overcome or driven by revenge, stress, anger, and as willing to lash out as you are here.

      First of all, I don’t lie, and this is a VERY unusual post in that I actually put the on-line record of case actions (that I could see) for some basis in what I did say. Which you have not, here.

      My purpose is not to judge Jon Walker, and you have utterly lost me in any attempt to jump on the hate-Kayla bandwagon; but if you read the post or blog, I am talking things happening in the family court system. It is rare that I’ll put a case docket up there, and I am absolutely correct in noticing that he filed for bankruptcy and a few other very unusual things about this case.

      Now let’s talk about you, and what a fantastic mother of eight children you are. If my math is right, 2 are Kayla’s daughters — and however wonderful you are, she is their birth mother. And in quoting her, you are telling me (and readers) hearsay which we cannot judge from transcripts, so we can either write it off, or possibly deduce that you are a second (at least) wife of this man furious at wife #1, which is a very common situation.

      I do not know how many or if in the past 5 years, in addition you and Jon B. walker filing for bankruptcy because of medical bills you two had some more children (fertility is a wonderful thing), or you have extra love to spread around and so have adopted.

      But other than that, it seems that unless children 1 through 6 are Mr. Walker’s, you also had a broken relationship previously — did your former husband or their father(s) pale at handling a child with a medical emergency, or he dead, or what happened? What is the child support situation with the father of those children? Or are some of the first 6 ones that you had with Jon B. before marriage on 8/28/2006, I do not care particularly.

      I’m just going to ask — were you not in a position of financial need when you got together with Jon B., and in a sense counting on him financially to help with your (not his) daughter? And did you do this knowing that he had a child support responsibility to his own daughters? What was his purpose in taking on a second woman with a major financial burden? If you knew this, why did you marry; was that fair to him?

      “Also I have no idea where you are getting your false information, but at least tell the truth”

      . . . Quote my false information and prove it was false — specifically linking it to something other than hearsay.
      Right now you are not in a mood to reason, obviously. You have made a fool of yourself on-line by trying to take down the mother of your stepdaughter’s kids, and accusing her of things that I bet you couldn’t find support for in a court docket. Here is what the judge said, or was quoted as saying:

      “But Lister called Kaiya Walker a victim of domestic abuse at the hands of her former husband and said her mental instability may be related to those incidents. Lister also said custody hearings and accusations between the Walkers and their families have harmed the children.”

      Here’s A charge of battery with Mr. Walker’s name on it, Domestic Abuse. Note. this is not a civil charge, but criminal as it’s “State v. ….”

      “State of Wisconsin vs. Jon B. Walker
      Jackson County Case Number 2003CM000149
      Date; 05-02-2003

      The defendant Jon B. Walker was found guilty of the following charge(s) in this case. One or more other charges were dismissed. The dismissed charges were not proven and have no legal effect. Jon B. Walker is presumed innocent of the dismissed charges.
      Jon B. Walker was found guilty of Battery, a class A misdemeanor, Wisconsin Statutes 940.19(1).”

      Disorderly conduct was dismissed, and apparently he had to pay a fine:

      The Defendant was charged with the following offense:
      Count No.
      Statute Cite
      Description
      Severity
      Offense Date
      Plea
      1
      940.19(1)
      Battery
      Misd. A
      04-17-2003
      No Contest on 09-22-2003

      Charge Modifier(s)
      Statute Cite
      Description
      968.075(1)(a)
      Domestic Abuse

      On 09-22-2003 there was a finding of:
      Action
      Court Official
      Guilty / No Contest
      Laabs, Gerald W.

      On 09-22-2003 the following was ordered:
      Sentence
      Time
      Begin Date
      Notes
      Forfeiture / Fine
      Defendant may pay at $100 per month commencing 10-1-03. Default of payment 7 days jail.
      Costs
      Local jail 25 Days
      10-06-2003
      Huber law allowed. May serve in Eau Claire or Dunn County if they will accept him by the commencing date.

      {{It is very rare to have a judge acknowledge that domestic violence actually impacted a person….}} He also mentioned the cross-accusations, which you just gave us a sample of.}}

      “There is no way to measure the mental harm done to these children,” Lister said, adding that he believes the influence of Jon Walker and his wife, Terri Walker, has “poisoned” the girls’ minds toward their mother.”

      . . .I can’t imagine where he got that idea from . . . . . .

      “She was abusing her children and that is why my husband got custody,”
      . . . . . . . Please show me that docket #.
      What I see is that 4 months after he pleaded no contest and was found guilty of domestic abuse / battery, he is bankrupt, thereby terminating support payments to his daughters which (i’m guessing) he didn’t have custody of at the time.

      You say you married him summer 2006, and about one year later, we see he had a money judgment against him for $17,000:
      Civil Judgment(s)
      Type
      Debtor Name
      Multiple Debtors
      Amount
      Satisfaction
      Judgment Status
      Date
      Judgment for money
      Walker, Jon B
      No
      $ 17,685.89
      No
      … And in October 2008, another one for $8,000+

      Moreover, what about the prior record of the man you chose to hook up (partner/marry) with? Someone who had a retail theft case starting about age 21, and then in 2002 had some litigation — with kayla — against other Walkers, each party having attorneys . . . .

      Jon B Walker et al vs Lynn E Walker et al // Eau Claire County Case Number 2002CV000548
      08-16-2002. This is Kayla & Jon against 4 other Walkers. …. Each side has an attorney, I’m sure that cost money. Re: a contact.

      RE:
      “we have done nothing wrong, we have 8 children, and if we were such bad parents, I guarantee, there would be children complaining.”

      Mr. Walker has done a few things wrong — among them retail theft and misdemeanor battery of an intimate, presumably Kayla. So have you according to the docket — because an anti-harassment injunction was obtained by kayla. On 12/08/2008, an unnamed petitioner (per the docket) got an injunction (temporary restraining order) against him, which I see was closed).

      “I have a daughter who is terminally ill, with a lung disease, and that is why we had to file for bankruptcy, we had no choice. we have a very high deductable and we were charging all of our credit cards to save my daughters life, it cost over a quarter of a million dollars to save my daughters life”

      I see a 2003 bankruptcy and several liens which, despite your saying “our” are on his name, dating to 2009. With bankruptcy and liens, he is not going to be able to pay child support right? Is there some point here where it might be appropriate to say that your and his relationship has not been good for the public (multiple ongoing lawsuits, and as a father of two, he took on six more children, one with a medical problem) or for his daughters, as they have a very angry and bitter stepmother, and lost opportunity for child support themselves, as typically happens in a custody switch (as you say, she is $12,000 in arrears).

      RE the things you are accusing this woman of, asking me to get the facts that are locked up is not particularly helpful, and in the context, you have not provided any links or helpful information for me, or the leaders, to verify anything of what you say. I am going to say that while it may have been very wonderful for Mr. Walker to go down financially with you and save your (not his; you married in 2006, right? ), you are the person that married a man with a history of theft, domestic abuse, and owing child support to someone else, and then took it upon yourself to fight with him for getting the girls away from their mother.

      I do not see that filing on the docket either, and if you wish to post it, go do so — but I’m getting on with my day (and life, and blog) and hope you manage to somehow also, for the sake of your stepdaughters and biological children’s futures, and not dwell too long on what you call their slut, drug-using, abusive, lying, conniving, evil, and horrible person.

      Would you like to inform any readers what happened to the previous man you were with, and whether he paid his child support, or died, or what happened to put you in this position? Also what two degrees does Kayla have, and can you verify the statement that this adult woman never kept a job for more than 3 months? Have you been working outside the home, and whose health insurance were the medical bills run up on? (I note there’s a theresa walker being sued, along with the Dept. of HHS, etc. — but have no idea if it’s you or not).

      By the way, who was the supervised visitation provider in that situation, and have you tracked who is paying them (or was it a relative, I honestly do not remember?). SOme supervised visitation if she stole kids out of it?

      ” as far as the charge of abuse on kaiya walker, GET REAL. she wanted him back and he would not take her back, women do make up lies and of course the police always believe the women, if my husband would of done what she did, he would be in for LIFE. ”

      Police do not always believe the women, in fact, quite to the contrary, but until you start understanding some of the outside influences on these matters, you are likely to raise 8 children who have learned to hate.

      on 12-29-2008 (holidays are tense times eh?) Kayla did get an injunction against you for harassment although in April 2008, one was not issued.
      (Kaiya Marie Walker vs. Theresa M. Walker Jackson County Case Number 2008CV000246).

      If you married on 8/26/2006, then you were aware of that he and Kayla also filed some action against other walkers, and what’s this about Kayla actually did get an injunction against you at one point?

      RE:

      “You know nothing about these girls, they are very happy NOW. they are safe, get excellent grades now, feel safe and very well loved. They have been traumatized enough, and for my daughter to find this article and the lies in it, ONE SIDED at that, just stirred up 2 girls even more, they never told there
      mother anything bad about our home, EVER, that is just another one of her excuses, nothing but lie after lie, you people are the ones hurting these girls, you should not even talk about them, you dont know them at all, and you cannot speak for them. But they can speak for themselves.”

      If these girls are smart, and on-line sometimes, and if they want to (when they’re a little older) then if they read my blog they may perhaps understand that in many custody cases, there are financial incentives in the courts to keep custody cases going, and there are financial incentives surrounding the child support system to favor fathers, which I have documented and are well-known. And that it was not all about Mom v. Dad. That’s one reason I blog. ….

      re: “let’s not forget” (the gossip about her affairs & abortion with a prominent married businessman, that is gossip until proven otherwise. Either gossip or attach some sort of proof and move it out of the realm of gossip. Second, have you no comment for prominent married businessmen having affairs while their wives are pregnant? Why not share a little indignation with that situation on behalf of his pregnant wife?).

      Good grief…. Again, as to “Also I have no idea where you are getting your false information” I’ve posted it the first time, and some the second time. You have not posted any source to any of the trashing information on-line here. I hope you can re-establish your credit eventually and that if the domestic battery Jon B. was convicted of the first time was due to “she provoked him,” that the stress of living with your situation and bankruptcy (etc) doesn’t cause a repeat.

      By the way children do not always report when they are mistreated, get real. Sometimes they duck for cover when the cross-fire is too hot, which I can see it has been.

      familycourtmatters

      August 29, 2011 at 11:22 am


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martinplaut

Journalist specialising in the Horn of Africa and Southern Africa

Let's Get Honest! Blog: Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?...' (posted 3/23 & 3/5/2014). Over 680 posts, Public-Interest Investigative Blogging On These Matters Since 2009.

iakovos alhadeff

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