Showing posts with label Stephen Trott. Show all posts
Showing posts with label Stephen Trott. Show all posts

Saturday, July 22, 2017

Ricky Holland: Murdered By False Claims In Child Welfare

Ricky Holland,
Murdered by Michigan,
Billed to Medicaid
Sometimes, there is a need for reiteration.

You do not have the Right To Lie in a court of law.


You cannot submit false claims for federal cost reimbursement.

But you can submit false claims for federal cost reimbursement in Medicaid during a child welfare case, then funnel money into non-taxable trust funds, where that money is funneled into political campaigns and for other nefarious activities.


See, according to the False Claims Act:

Liability The statute begins, in § 3729(a), by explaining the conduct that creates FCA liability. In very general terms, §§ 3729(a)(1)(A) and (B) set forth FCA liability for any person who knowingly submits a false claim to the government or causes another to submit a false claim to the government or knowingly makes a false record or statement to get a false claim paid by the government. Section 3729(a)(1)(G) is known as the reverse false claims section; it provides liability where one acts improperly – not to get money from the government, but to avoid having to pay money to the government. Section 3729(a)(1)(C) creates liability for those who conspire to violate the FCA. Sections 3729(a)(1)(D), (E), and (F) are rarely invoked. 
But, herein lies the problem.

If, during another civil action, child welfare to be precise, judges find that a child placing agency, rather the State lied to legally kidnap a child and place as its ward, the Court is not mandated to refer any federal fraud to the States Attorney General nor the U.S. Attorney General.

One reason is because the States Attorney General are either prosecuting the child welfare case or defending its privatized contractual arm of the State.

There are so many child welfare cases, where it is documented in legal opinions, of false claims to federal programs.

There are so many Single Program Audits which are administratively adjudicated and monetarily settled, with no criminal penalties, no contractual disbarment, no listing on exclusionary databases of Medicaid, no sanctions, no removal of licensure.

Nada.

Then, there are so many secrecy laws, quite unique to privacy laws, where, these same child placing agencies have been found to, literally, get away with murder, which is exactly what happened in the Michigan case of Ricky Holland.


This is personal.

This is why Child Welfare is modern day human trafficking of "The Poors" (always said with clinched teeth), or as I have previously stated, those who are more comfortable utilizing the terms of the peculiar institution can are free to chime in.

Besides, how can the DOJ prosecute when the records are shredded?

So much for preserving the annals of history.

Always remember, it takes a judicial determination to turn on the federal funding spigot.

So, here you have it, federal policy on immunity from prosecution in child welfare and not one congressional hearing...yet.

Anyone want to help me re-write the False Claims Act?  You do know I already started on it, right.



Foster care and adoption is human trafficking and if you do not like what I have to say, then I strongly encourage you to submit a rebuttal, including your proofs.

In the academic and legislative world, these debates are skewed with dirty data, jack legged philosophies and ass backward theories.

In real life, the truth about human trafficking is not pretty, not pretty, at all.

I speak as an original source.

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Tuesday, March 21, 2017

9th Circuit Opinion Says Child Welfare Workers Do Not Have"Right To Lie"

On January 3, 2017, the 9th Circuit Court of Appeals rendered its opinion in the "Right To Lie" case.
9th Circuit Judge Stephen Trott

I can not give this opinion its proper honors due, so instead, I have provided a few highlights of Judge Stephen Trott's opinion.
No official with an IQ greater than room temperature in Alaska could claim that he or she did not know that the conduct at the center of this case violated both state and federal law.  The social workers in this case are alleged to have knowingly and maliciously violated the law in their attempt to sever Preslie’s protected relationship with her mother. Perjury is a crime under both federal and California state law, as is the knowing submission of false evidence to a court.
Then, there was this one.
When asked about these legal facts during oral argument, the following colloquy occurred: 
Judge Trott: Are you telling me that a person in your client’s shoes could not understand you cannot commit perjury in a court proceeding in order to take somebody’s children away? 
Answer: Of course not. 
Judge Owens: Was there anything you know of that told social workers that they should lie and they should create false evidence in a court proceeding? 
Answer: No . . . .
In a nutshell, the Justices ripped these child welfare workers, the county, and the legal community a new one by stating that

Trust me, I will be following up on this one because I want to know if the DOJ is going to follow up with criminal charges and if there exists an attorney, or just a warm body with a valid P number who is game on calling me to assist in bringing forth an action of false claims.

Hell, State can bring forth an action against Orange County.

But, of course, nothing will happen and the child welfare system will continue to operate as usual, well, they may snatch more kids to make up for the settlement of the case.

Right to Lie in Child Welfare Cases - Opinion 15-55563, 1-3-2017 by Beverly Tran on Scribd

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