Cuomo’s Office of Public Integrity Ignores Judicial Corruption
The Office of Public Integrity set up by Andrew Cuomo is supposed to protect the integrity of elected government but as I learned from them recently they have no jurisdiction or interest in regulating elected judges. When you look at the divorce industry you see the perfect fraud as it is out of the jurisdiction of ANY outside regulation at every level. It's a free for all where middle class are the victims, poor are denied access and the rich have a state sponsored forum to pay ridiculous fees.
Elected judges are the linchpins of this fraudulent business ordering ridiculous legal fees and often times ordering more than five highly paid lawyers, guardians and experts in a case. With court backed penalties for non payment and huge leeway in who judges appoint as guardians and experts the conflicts of interest should be clear. Certainly when you see the carnage of the system in children ripped from parents, bankrupt families in need of many years of public assistance and savings accounts raided to pay court backed fees there's no question that something terrible is happening in the NY Divorce Industry.
Not only does the OPI have no jurisdiction over the Industry but neither does the NY State Attorneys Office, the Judicial Commission on Integrity, the NY Bar or the courts own administrative judges. The State provides free offices for the divorce industry while denying the poor access to the court. The state lets the industry use courtrooms and court facilities free of charge for days long 'trials' without juries for rich citizens. Pro Se kise everything in this system. Seems like common sense to me that if a divorce is costing over 200k in court ordered fees that at least the attorneys should have to pay some of the court costs that citizens shoulder now
Shame on you Andrew Cuomo. Take your head out of your ass and end the free ride for the Divorce Industry! The State should be so deeply in bed with this corrupt industry. Call me Andy, I'll tell you how to fix this mess with no new laws.
How much should a NY Divorce cost?
The maximum legal fees for a NY divorce for families with assets below 2 mil and 2 reasonable people should be $10,000. Why?
The only reason for a lawyer in divorce is to formalize and file your agreement that you make. You don't need charlatan mediators or collaborative crooks, you need a spreadsheet and a therapist to get the job done and a lawyer to consult and file.
Here are the easy steps to getting divorced without a lawyer.
1) list all assets and debts, both parties must obtain and submit credit reports to each other.
2) divide post-marital assets as close to 50/50 as possible. Look up the ny state value of any licenses obtained in marriage.
3) decide on a plan of action for living arrangements. Don't be afraid to do unconventional things like living separately in the same house.
4) work out a regular schedule for the children. Children need regularity and there is no one size fits all for time sharing. Don't let anyone tell to what works for your family. Some switch weeks, some days, some weekends, whatever works agree on it and formalize it.
5) agree on a path to resolve differences, a therapist is a great idea for this role.
6) if you have joint custody agree on final decision making for education an healthcare and a method to voice concerns to ensure that both parties are heard in critical decisions
7) look up ny state child support obligation rates on the Internet and agree to lay these numbers and re-evaluate every 3 years.
spousal maintenance should be a lump sum or at least 2 years. Most judges will order this so don't be stingy about it.
9) Submit your terms to a lawyer to review. After review have a lawyer finalize and file.
10) go on a nice vacation with all the money you just saved.
How much can governments take from victims of the Divorce Industry?
Wow, this sounds paranoid but it's a serious question. When NY garnishes 65% of net wages it becomes impossible to pay other obligations. In my case that has led to losing my apartment and living primarily on charity though I make a good salary. But with such an onerous burden tax payments slip as do other necessities. The support collections actions is reported everywhere do kiss credit good bye.
So all this I've whined about on the blog but now I've found a new tool of the government to get paid - the Levy. So after a seriously depleted paycheck and impassioned letters to the government agencies I owe including the IRS, ny scu and ny state, all of which have liens and collection actions, I find my puny bank account levied. The take to NY was about 400, the fee to Chase was 125 and now I'm told ny state will keep trying to levy.
All of my problems with the government are divorce related so the answer to my initial question is 'more than everything.'. How much can NY take? More than everything you have in divorce. Since no divorce related debt can be discharged in any legal proceeding except appeal these debts stick.
There is no reason that NY should have the right to force unrepresented citizens into collusive courtrooms against insider attorneys. There is no constitutional right that gives a state absolute power to remove all the assets of a citizen without due process. But they do it. And once it's done there 's truly no way out Financial life becomes hell and the wear and tear on your psyche is huge, especially when your government cleans out your tiny assets a few days before Hanukah or Christmas.
Welcome to the Socialist Republic of New York. Democracy is just a marketing slogan here, it means nothing.
Why are NY Judges the Divorce Industry Employment Agency?
The divorce industry has many players and the some source if employment for many is Judicial court order appointments. In a typical contested divorce the judge can order a financial evaluator, a custody evaluator, a legal guardian not to mention attorneys fees orders and court referees. Considering two lawyers in a contested divorce a judge can order 6 professionals. All of these professionals bill litigants hourly except referees who volunteer or get small court payments. This is a root cause of corruption in ny divorce and the appointment process and billings of these professionals must be evaluated as part of divorce reform. Currently Judges choose whomever the attorneys want and a few insiders take the majority of court appointed work. Nice work if you can get it because even 4 cases a year for a custody evaluator is about $90,000 in guaranteed money with court penalties for those who don't pay. Financial evaluators can make over $100,000 a year from the same 4 appointments and legal guardians about $50,000 for the same 4 appointments. This is a lot of power for a Judge and it's a root cause of the piss poor situation of the New York Divorce Industry.
Another pro se pitfall – unresponsive court reporters
So it took me 5 months to get one day of transcripts from a lazy court reporter. Hard to say if this was intentional or not but I seriously doubt that an attorney would wait for so long for transcripts.
US Constitution – Greatest Marketing Doc Ever Created
In the USA we are taught from early on about our Constitution. Men and women fought hard to establish the Country and some of the greatest scholars ever created it. We are taught in the USA that we are 'free' because of the protections guaranteed to Americans in the Constitution. We are taught that the Constitution along with the Bill of Rights protect Americans from abuse by our government. I'm sad to say however, that the Constitution is nothing more than a marketing document when it comes to divorce.
Most of us will never feel the protections of the Constitution unless we are arrested. Certainly in criminal law and federal law there is some discernible trace of the protections guaranteed in the Constitution, however, when you get to divorce there is no longer any trace of the Constitution. Courts will order religious observance, due process is entirely ignored, one can go to jail or lose all their possessions without an attorney and one can lie and fabricate documents with no penalty whatsoever. You see, State governments have no obligation to follow the Constitution in civil matters. Sure there are guarantees in the 14th amendment to ensure due process in civil matters such as divorce but good luck getting anyone to actually respect these rights.
There is no other non-criminal area of law besides divorce where state governments can take 85% of your wage, seize your assets without hearing, force one to trial without representation and lose ones children based on heresy and false testimony. There is no other industry that can pilfer all of their clients assets with strong arm tactics and frightening threats on of personal freedom.
In divorce the Constitution is nothing but a myth and marketing document. It sells a lot of books and PBS dvd's but it is meaningless in a process that nearly half the nation experiences. How can it be that a free country runs parallel legal systems, one protected by the constitution and one not? How can a government remove all of ones property, income and children without representation or due process?
The answer is clear - America is becoming a fading myth.
Why is Janet DiFiore and so many others afraid of prosecuting corrupt lawyers and judges as criminals?
Here's a letter I wrote to Janet DiFiore trying to get her office to prosecute perjury and collusion. It is incredible to me that lawyers and judges with the power to wreck the lives of ordinary New Yorkers are only prosecuted for crimes in insular, double-secret discipline committees. Imaging a discipline committee for shoplifters, a committee by the drug cartels for their errant members, all with a link from the Attorney General's web site to their sites. This is exactly what we have in New York if you look here. Lawyers get a free ride, off to the comfort of their own cozy peers with half-hearted lackadaisical investigations. So here's the letter:
I am somewhat shocked by your response to my letter raising criminality and corruption in your courthouse. It seems that your office, like so many other branches of law enforcement in New York are more a part of the problem of corruption than part of the solution. Government corruption and lapses of integrity are more than just annoyances, they are crimes and there are laws intended to stop such actions. However, for the crimes to be punished it takes a prosecutor with guts to take a tough stance against their friends and it seems that we lack the will in Westchester and much of New York.
I am quite happy to provide all the specific information necessary to prosecute the acts of perjury, collusion and due process violations in my case. I can make time on Thursday November 11th at 4:00 pm to meet with a member of your office and I will bring the evidence of my specific charges. I will bring evidence of the perjuries that were committed during trial and in notarized, sworn court documents as well as proof of the lackadaisical ‘investigations’ into such crimes. I sincerely hope that your office takes criminal investigations more seriously than the laughable efforts of the supposed discipline committees for lawyers and judges that I have encountered, the designated authorities in such cases. Much of the information I would present to you is ‘confidential’ as it is part of a Supreme Court matrimony case and discipline committees so unless your office is serious about looking into the crimes I am not going to send unsolicited confidential information that puts me in a tenable legal situation. If you are serious about prosecution of criminals and upholding the duties of your office, I am serious about helping and fully cooperating with your office to prosecute these crimes by providing specific evidence.
While you flippantly characterize the loss I have experienced from these crimes as ‘frustrations of my personal situation’ the consequences I have felt as a victim of the crimes of perjury pale in comparison to the majority of crimes your office prosecutes such as shoplifting, petty theft, auto theft and drug possession. Any crime could be described as a ‘personal situation’ and if that is how your office views crime victims, as those ‘frustrated by their personal situations’, then criminals are quite safe in Westchester. The consequences of these crimes were the absconding of over $600,000 and complete financial ruin for the foreseeable future. Few non-violent crimes punish the victims more that what I experienced in a corrupt court but the crimes of a corrupt court are real and the victims are defenseless. Your office, like so many others in law enforcement, lets mystery discipline committees handle your job of prosecuting criminals when the criminals are dressed in suits and robes as lawyers and judges, in other words, your friends and peers and the people who get you elected.
In closing, I am happy to rearrange my schedule around the availability of your staff and I look forward to your offices rigorous enforcement of the law against corrupt judges and lawyers.
An articulate view of why Suzi Oppenheimers divorce bill is only good for lawyers
so happy to see that someone else gets it in the world about how terrible Suzi Oppenheimer's Divorce Reform Act of 2010 is. If Suzi Oppenheimer deserves to vacate her seat for one reason it is because of this terrible piece of legislation that will harm countless families and innocent children stuck in the grips of the fear-mongering divorce industry.
Legal Industry Complacency in New York about Matrimony Refrom is Repulsive
So I have been spending some time on my crazy idea of trying to hold New York accountable for all the lives they ruin by denying due process to the self-represented. For all of the atrocities that the New York Supreme Court matrimony part commits against parents and children why can't their be recourse by suing New York State or holding them accountable for their violation of civil rights. So I did a little Internet searching and called some lawyers who specialize in civil rights issues to hear them laugh at my crazy idea but the reality is actually worse than I anticipated.
For one, it is quite apparent that everyone in the legal industry in New York knows of the garbage that goes on in the New York Supreme Court Matrimony part but while they all claim disgust, none of them want to do anything about it. The names I heard for matrimony attorneys in my few calls by other attorneys were worse than my own. But it seems that they are all comfortable with the state of affairs.
I find it incredibly ironic that as much as we hear talk of holding moderate Muslim's accountable for the actions of a few very dangerous radicals that the legal industry invokes the same response. They say that these lawyers don't represent the entire legal industry. They concede that matrimony lawyers get away with murder in New York and are quite aware of the tacit license that these people have to mercilessly destroy the lives of children and families in New York who simply come to them for professional assistance in a time of dire need, but they don't do anything about it.
I have been told that my idea of suing New York State for civil rights abuses and violations of the 14th amendment will never work. As I have said in earlier posts the divorce industry has the perfect recipe for fraud - no regulatory body and a complacent peer group that will only throw up their hands but are complete cowards when it comes to action. The bar association is the ultimate protector of the dishonest matrimony industry and they are completely asleep at the wheel policing their industry.
It seems that the entire New York Legal Industry is content that a big part of their peer group is dishonest and operates in less than admirable ways. It seems that everyone tacitly accepts the actions of a large corrupt group of professionals that unscrupulously destroy the financial and emotional health of New York children and families and while many lawyers will freely admit to the terrible actions of their peers they too afraid, too lazy or too scared to do something about the behavior of their industry.
Personally, I have many lawyer friends and I am not one of these who say lawyers are xyz. Lawyers have helped me a lot. But when one sees the complacency of the legal industry to police itself it certainly makes you wonder if the lawyer industry is not only xyz but also bordering on criminal. Are the silent as culpable as the guilty? Is the industry that accepts near-criminal behavior of its peers and refuses all efforts at self-policing, in an environment where self-policing is the only remedy, as culpable as the guilty in their industry? History has voted in many cases that the silent are as culpable as the guilty in many crimes and it is time for integrity to prevail in the legal industry and the divorce mess in New York can be cleaned up once and for all.
The Joke of Appeal in New York Divorce Court
By far the most surreal aspect of having your life wrecked by the New York State Supreme Court is how surprisingly little you can do about it. Assume that you are strapped with payments that far exceed your current income and that you are falling in debt about $5,000 - $10,000 each month. Trying to challenge a child support award in New York Family Court will only send you back to the same judge in Supreme Court that wrecked your life in the first place, and he probably aint gonna be so happy to see your butt again. It seems that you have to wait a year until you're mega-behind before a new court will look at your judgment. So then you can appeal.
Interestingly I learned that the bias against pro se that exists in Supreme Court seems to carry over into the Court of Appeals. After my immediate exposure to how closed the court would be to me as pro I dropped my appeal and ran out of there before my loud mouth would get me in trouble. So here's what I learned, and if you ask me, it's quite unbelievable. The Civil Appeals Management Program of the 2nd department appellate court in Brooklyn has an official policy to not include pro se litigants in conferences. In my particular case I had a lawyer file the notice of appeal but now I can't pay anymore so I'm on my own. So a CAMP administrator set up a conference with my lawyer and the other lawyer and all seemed good. Well, the second they find out I was pro se they canceled the conference because the official policy, as reiterated by two sources in the court, is to not meet with pro se litigants. No, a conference won't be scheduled where the court could actually help in a reasonable manner. No, if you can't afford representation, you must be bound to the most onerous process imaginable for a non-lawyer of putting together an appeal while attorneys, they guys would could actually do the appeal, get to to go nice conferences with a court rep to help sort things out. If that is not the very essence of paid access to the court then I beg for a clarification from someone smarter than I.
It's truly amazing that in the USA we send defenseless citizens into lawless courts with no representation and no due process where they lose their liberty, property, children and all too often, their mental health. The New York Supreme court matrimony system is utterly impossible for a common person to navigate as it is fraught with conflicts of interest and arcane processes that are invoked and ignored randomly by attorneys and judges. So one who proceeds alone in this environment is doomed to fail, regardless of their acumen. When you can make the rules up as you go along, there is no logic that will prevail. The court won't make any attempts to hide their contempt of pro se nor will they lend even the slightest assistance. Pro se makes everyone's job harder, and let's face it, what matters is not you or your kids lives, it's the workday of attorneys and judges that are the real priority. Those pesky pro se people, who don't even have the decency to shake down all their friends and family to pay for a lawyer, why they just make a judges day really suck. That's the reality.
Even more puzzling about the remedy of appeal is how an appeal can be rendered in the circuses that go on in the Supreme Court against pro se. Much of my trial seemed to be theater for the ex's family, who paid and came to watch for four full days. From two others that I have observed it was largely the same. The sad part is that we aren't talking about parking tickets here. We aren't talking about some little annoyance, we are talking about a court that has the power to completely wreck your life if you can't afford representation. There is no escape hatch if you are against a combative and financed adversary as financing will always prevail over common sense in the Supreme Court matrimony part. It's hard for many of us to admit but there are also many times that mental illness is playing a heavy roll in the bad decisions being made. It's nasty to talk about, but there is no doubt that the court system feeds off of mentally unstable people with access to money. Stable people work it out, others can't, it's impossible for them.
The inescability for most people is the sad part. Every turn to rid yourself of the court's burden can be a further shakedown. Since you will be forced to finance you own ascent it may take a very long time to get back on your feet, and most do, but it's a long road. Buying a lawyer to help you out of the fiasco may or may not help you and buying another after the first fails, which they mostly do, will only cost you more. Then there will be others with their hands out along the way, like the forensics, etc.
The only solution is to live your life and enjoy. Work hard, make money, get out of it and go back to your life. And stay out of jail if at all possible.