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Old 06-28-2006, 01:47 PM
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Attorney Fraud

I have reposted here because although many have read my post no comments have been made. I am not sure why? Is there any advice anyone can give me on which way to proceed? I was hoping that an attorney or civilian would intersted in advising how to go about things. Attorneys should not be permitted to act unethically as my Ex's attorney has done. Please, if there is anyone who can help me in any way I would really appreciate a response. This is a brief of what has happened to me. I have been victimized and injured by the actions of an attorney in Columbia County. This attorney has fraudulently included terms into a Qualified Domestic Relations Order that I give specific legal rights to my Ex. wife. This QDRO was submitted before a Supreme Court Justice and signed by him while this attorney knew of the fraudulent contents but failed to disclose them to the Judge or myself as I was proceeding pro se at the time of the hearing. The Supreme Court Judge should have observed the defects within the QDRO but failed to for what ever the reason. The fraudulent terms were that I elect to give my Ex. wife a survivor annuity and also elect to a choose a special joint allowance option(beneficiary)rather than to elect to the maximum benefit I should be entitled. These options decreased my benefits significantly and gave my Ex. much more than she would be other wise entitled to. These terms went well beyond what her entitlement should be and is to my detriment and loss. These terms as her attorney introduced them within the QDRO were not even remotely contemplated within my separation agreement and were willfully secured by her attorney by language contained in Qualified Domestic Relations Order. This action was with a deliberate deceptive intention to take an unconscientious advantage. I am still currently in litigation before the Supreme Court of Columbia County awaiting a decision on my order to show cause to vacate this QDRO in question. This attorney's fraudulent conduct is evident in all of my pleadings and proceedings, and in her supporting documents as she does not attempt to deny her submissions. There is without a doubt collusion between my Ex. wife and her attorney to secure something they know they are fraudulently attempting to obtain through malfeasant, expedient tactics. I have all pertinent papers to support a civil case for damages. My concern is that given the circumstances I am going to have a difficult time finding someone to represent me. Especially since an attorney is involved. This attorneys actions are professionally unethical and reflect seriously on the judicial system and legal profession itself. This issue before the court is an issue of "subject matter jurisdiction" and this attorneys actions have caused trespass and caused the court to also trespass upon my civil rights for rendering a decision for which there was no jurisdiction what so ever for the court to do so.
I have reported this attorney to the Committee of Professional Standards for which an investigation in on going at this present time. To add insult to injury, I received a disability retirement on 12/10/2005 and there has been a restraining order in place since Feb. 24, 2006 to protect my pension from being closed out by the NYS Retirement System for failing to elect to a survivor annuity required by the corrupted QDRO. I have not received a penny of my pension from the beginning (7 months now). I am the custodial parent of my two children ages 12 and 13. We have all been suffering from the loss of financial stability due to the fraud and collusion and this lengthy litigation brought about by my Ex. wife and her Attorneys dishonesty. Please help me as I am desperate for a solution as soon as possible to bring about a suit for damages and attorney fees in connection with this defense. I have also been precluded from purchasing a home for my children because of the financial circumstances. I'm presently living in a cramped two bedroom apartment with my two children. I have just about depleted my entire life savings and I am within a short period of time about to become insolvent. Please Help !!!
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Old 06-28-2006, 01:52 PM
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Post your case here at www.legalmatch.com or contact your county or state bar association for a direct referral to an attorney.
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Old 06-28-2006, 01:54 PM
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legalegal I did and had one attorney view w/ no responses. It has been posted for about two weeks now.
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Old 06-28-2006, 04:56 PM
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Contact your local county or state bar association for a direct referral then.
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