"More on Government Fraud in Child Support Enforcement…"
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- Category: Uncategorised
- Created: Saturday, 19 May 2012 11:27
- Written by Alecomm2
In a previous article, DA Shirtcliff was accused of FRAUD in his involvement in child support prosecutions under Title IV-D. We are attaching a couple of pages of that contract to the end of this post so you can read it for yourselves. Fraud is a pretty serious charge, but it can only be made in a court by a party that is harmed. Nobody else has any standing to make a claim.
There is a big difference between observing a crime and reporting it, and actually bringing a complaint to the Attorney General for prosecution. Someone has to be personally damaged or deprived by a false representation. If any false representation made with intent to deceive is made through the US mails, federal law under Title 18 as invoked in the Mail Fraud Statutes, Sections 1341 thru 1351. Look it up yourselves.
You will find under 18 USC Sec 1346 the definition of fraud to include “the intangible right of honest services”. What!?? Does this mean that if a public person who has a DUTY to provide “honest services” to the public he serves can commit the federal crime of Mail Fraud if he uses he US mails in a way that is not considered “honest”?
How about when he is ACTING as if he was in the lawful, constitutional, “official” capacity of District Attorney when he sends an “official” notice out to a man whose ledger balance shows him to be in arrears on his child support obligation … and all the time he is ACTUALLY fulfilling his contractual agreement to act in his PRIVATE capacity as an independent contractor wherein he agreed that he is NOT an officer, employee, or agent of the Department of Justice? After all, is he not employed by the Department of Justice? Is he not paid by the State of Oregon and not Baker County?
Take a look at the highlighted part of the last page of the attachment, and see how the DOJ (under their foundational contract with the feds) actually creates the separation of authority between their employee (elected county official Shirtcliff) and their agency. They disavow and extinguish any legal relationship between themselves and Shirtcliff. You have to ask yourself “WHY?” See the previous post on this subject for more insight. Is this not a huge misrepresentation of his ACTUAL capacity and authority???
Surely, his letter to the “deadbeat dad” must include some threat of harm or punishment should he not comply immediately. And what if the Dad was arrested and jailed on a warrant signed by the DA in his OFFICIAL CAPACITY when he was actually authorized to act in his PRIVATE INDEPENDENT capacity? You may say “How do we know in which capacity he is truly acting? Just because he has a contract to act PRIVATELY does not mean he necessarily does so. How do you determine for sure?” The answer is to follow the money.
The DA’s office pulls in lots of money from different sources. In the attached DOJ Cooperative Agreement, the DA’s office receives lots of funds for its prosecutions of errant dads. That information is available to the public through a Public Record Request process, if anyone is interested. We have received inside information from a past employee of a local District Attorney’s office, and have solid reason (a sworn affidavit to be used at a future time) to believe that this secret federal funding is highly prized by the DA to finance the everyday functioning of his office.
So the truth is easily acquired, especially if a lawsuit should result from a wrongly-prosecuted Dad. When a false statement of legal capacity and standing is made … or implied … on the pleadings, and is signed by a (district) attorney who has an expectation of superior knowledge of the law and professional conduct, the lawsuit should be immediately dismissed and sanctions…perhaps disbarment…granted. And the really neat thing is that FRAUD has no statute of limitations! One can go back years and years and have a false judgment removed. Fraud comes in many shapes, colors, and sizes. But it is not likely.
The stakes are too high. The DA counts on this federal funding too much, especially when the county is going deeper in the hole every day. And don’t believe for one minute that the higher courts do not accommodate all this fraud. And since the Attorney General’s assistant is also a signer on this Cooperative Agreement, is it reasonable to believe that the AG will ever prosecute this? But the Postmaster General and his staff DOES pursue Mail Fraud complaints. Just ask former Illinois Governor Rod Blagojevich, who has just started his 14-year term in federal prison for…guess what???…violating 18 USC 1346 for violating his duty to provide the intangible right of honest services to his constituency (among other things). Does Rod think this is a joke? A minor political issue?
All corruption involves the above premise. We do not condone deceptions or misrepresentations or “good-ol-boys-gettin’-away-with-it” conduct. We are sick and tired of “business as usual in Baker County”. We want honest and conscientious public officials who have some respect for those who elected them! And to answer an unasked question… Yes, Judge Baxter and Sheriff Southwick very likely have their own version of the Title IV-D Cooperative Agreement, in which they have also contracted to act as independent contractors in these matters. Would you be surprised to know that the Baker County Courts have their own federal TIN and are creating negotiable instruments that are traded on the securities markets on Wall Street? Stay tuned…
