Tuesday 23 May 2017

ACAP - FLORIDA BAR COMPLAINT Mail: Florida Certification Board Attn: Ethics Investigator – Confidential 1715 S. Gadsden Street Tallahassee, Florida 32301 Email: lfarmer@flcertificationboard.org Subject Line: Ethics Complaint – Confidential Fax: 850-222-6247 Attn: Ethics Investigator – Confidential


PART ONE (See Page 1, PART ONE - Complainant Information.): Complaint Details Legal Cause and Tortious Injury (As a result of the fraudulent acts/omissions, and deceit by attorney and departmental employee whereas deprivation of rights involved those rights of the minors and the natural parent and mother) *FRAUD ON THE COURT TO COMMENCE PROCEEDINGS On the part of the attorney herein and afore mentioned in proceedings: Duty to report misconduct; code of conducthttps://www.facebook.com/OrangeClerk?ref=ts#!/pages/Duty-to-report-misconduct/136147606416830?fref=ts&rf=144393985578228 THE FLORIDA BAR ATTORNEY/CONSUMER ASSISTANCE PROGRAM 651 EAST JEFFERSON STREET TALLAHASSEE, FLORIDA 32399-2300 ON THIS 5TH DAY OF MARCH, 2015 SHEILA JOCELYN SHAW PARTY TO THE COMPLAINT: AGAINST THE ATTORNEY(S) PART TWO (See Page 1, PART TWO - Attorney Information FLORIDA BAR MEMBER(S): SHAYAN ELAHI ESQ 41221 WAYNE STARR ANTHONY SOS GUARDIA AD LITEM CLAUDIA HERNANDEZ 667498 AMANDA ETZKORN 25942 CEDRIC TIBON DORIS MACKEY GAL- PART T H R E E (See Page 1, PART T H R E E - Facts/Allegations.): The specific thing or things I am complaining about are: (attach additional sheets as necessary) "Fraud. Rule 3.3 Candor Toward The Tribunal - Comment [1] This Rule governs the conduct of a lawyer who is representing a client in the proceedings of a tribunal. See Rule 1.0(m) for the definition of "tribunal." It also applies when the lawyer is representing a client in an ancillary proceeding conducted pursuant to the tribunal’s adjudicative authority, such as a deposition. Thus, for example, paragraph (a)(3) requires a lawyer to take reasonable remedial measures if the lawyer comes to know that a client who is testifying in a deposition has offered evidence that is false. [2] This Rule sets forth the special duties of lawyers as officers of the court to avoid conduct that undermines the integrity of the adjudicative process. A lawyer acting as an advocate in an adjudicative proceeding has an obligation to present the client's case with persuasive force. Performance of that duty while maintaining confidences of the client, however, is qualified by the advocate's duty of candor to the tribunal. Consequently, although a lawyer in an adversary proceeding is not required to present an impartial exposition of the law or to vouch for the evidence submitted in a cause, the lawyer must not allow the tribunal to be misled by false statements of law or fact or evidence that the lawyer knows to be false." State employee misconduct which resulted in material injuries and legal causation: *Police stalking. Conspired with FL DCF STATE EMPLOYEE EMPLOYEE MISCONDUCT, CPI NUMBER 5617503201 http://whitecollarcrimecentercomplaint.blogspot.com/?m=1 9457320158 (RFA CASE NUMBER 1143172973) insurance covering dental/medical Dr. Obeori & Dr.Nau (Michyl, Isis) http://whitecollarcrimecentercomplaint.blogspot.com/2017/02/httpflcertificationboardorg.html?m=1 Firm associated with complaint. Interstate stalking and trespassing related to a divorcee case. Hershkowitz Russell S Attorney : Fw: ADMINISTRATIVE 92-1; In all family law cases in which a trial is anticipated, the attorney shall submit a notice that the cause is at issue.- intentional omissions; w: Mr. Williams is refusing visitation with the minor contrary to the oral & written child visitation with Atty Wayne Starr at the last hearing 8/30/2011- subsequent modification petitions have been submitted resulting in excuses by court administration, lastly stating a parental responsibility packet is needed- THERE IS NO PRESUMPTIVE FATHERHOOD STATUE APPLICABLE, UNWED AT BIRTH AND CISTODY BTW 2007 THRU 2011 WAS WITH THE MOTHERHOOD. THERE IS NO CHANCE OF RESOLUTION OF ANY INTIMATE PARTNER RELATIONSHIP & WILLIAMS AND SEVERAL OF HIS FAMILY TIES HAVE REPEATED ENGAGED IN OFFENSIVE BEHAVIOURS AND PROPERTY THEFTS MONETARY CLAIMS PRECEEDING THE ACTUAL JUDGEMENT FOR SUPPORT Fw: Court Administration employee misconduct/judicial misconduct- unconscionable delays & biased proceedings, concealed concurtent criminal proceeding involving Jarrid Williams 2/2011/ continuing domestic violence& abuse of the child support order by law enforcement personnel , Date: Friday, March 17, 2017, 8:25 PM omissions: unconsolidated cases/related cases whereas information therein would substantially affect those involved such as that of concurrent criminal nonsupport proceedings against the plaintiff/paternal fathers to case- as indicative on the Lidia Gardner Clerk of Court Registries http://icpcstatepages.org/florida/criminalbackground/ 39.0138 Criminal history and other records checks; limit on placement of a child— (1) The department shall conduct a records check through the State Automated Child Welfare Information System (SACWIS) and a local and statewide criminal history records check on all persons, including parents, being considered by the department for placement of a child under this chapter, including all non-relative placement decisions, and all members of the household, 12 years of age and older, of the person being considered. For purposes of this section, a criminal history records check may include, but is not limited to, submission of fingerprints to the Department of Law Enforcement for processing and forwarding to the Federal Bureau of Investigation for state and national criminal history information, and local criminal records checks through local law enforcement agencies of all household members 18 years of age and older and other visitors to the home. An out-of-state criminal history records check must be initiated for any person 18 years of age or older who resided in another state if that state allows the release of such records. The department shall establish by rule standards for evaluating any information contained in the automated system relating to a person who must be screened for purposes of making a placement decision. 1. Chapter 560, relating to the Money Transmitters’ Code. 2. Chapter 812, relating to theft, robbery, and related crimes. 3. Chapter 815, relating to computer-related crimes. 4. Chapter 817, relating to fraudulent practices. 5. Chapter 825, relating to abuse, neglect, and exploitation of elderly persons and disabled adults. 6. Chapter 831, relating to forgery and counterfeiting. 7. Chapter 832, relating to the issuance of worthless checks and drafts. 8. Chapter 838, relating to bribery and misuse of public office. 9. Chapter 839, relating to offenses by public officers and employees. 10. Chapter 895, relating to offenses concerning racketeering and illegal debts. 11. Chapter 896, relating to offenses related to financial transactions. (b) A felony offense that is committed with intent to defraud or that involves a conspiracy to defraud. (c) A felony offense that is committed with intent to temporarily or permanently deprive a person of his or her property or that involves a conspiracy to temporarily or permanently deprive a person of his or her property. (d) A felony offense that involves or results in the commission of fraud or deceit upon a person or that involves a conspiracy to commit fraud or deceit upon a person. (4) As used in this section, “aggravated white collar crime” means engaging in at least two white collar crimes that have the same or similar intents, results, accomplices, victims, or methods of commission, or that are otherwise interrelated by distinguishing characteristics and are not isolated incidents, provided that at least one of such crimes occurred after the effective date of this act. (5) Any person who commits an aggravated white collar crime as defined in this section and in so doing either: (a) Victimizes 10 or more elderly persons, as defined in s. 825.101; (b) Victimizes 20 or more persons, as defined in s. 1.01; or (c) Victimizes the State of Florida, any state agency, any of the state’s political subdivisions, or any agency of the state’s political subdivisions, and thereby obtains or attempts to obtain $50,000 or more, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. *concurrent court proceedings FL DCF KNEW ABOUT :NINTH DISTRICT HISTORICAL DATA DIV 38/42 PRECEEDING CLAIM BY DCF CPI FELICIA HANDLEY 2005DR14270 08-24-2004 Petition for paternity entered Service denied 09-24-2004 Petition to establish paternity denied Respondent petitioned to dismiss paternity 11-08-2004 05-05-2006 Final judgment granted on paternity 10-19-2010 Final judgment for child support entered 10-22-2010 Order for income deduction 11-29-2010 Notice of change of address 12-28-2010 Petition heard to establish child support 01-14-2011 Returned mail 01-04-2011 Motion to set arrears entered 01-04-2011 Notice and hearing 02-14-2011 Hearing to set arrears 01/28/2011 Plaintiff petitions for the need for custody denied 02/04/2011 THE SPECIFIC THING OR THINGS I AM COMPLAINING ABOUT ARE: 18 U.S.C. §§ 241, 242). "Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. THAT ON THE ONSET OF PROCEEDINGS DATED 02/03/2011 AGAINST SHEILA SHAW, AS THE DEFENDANT IN JUVENILE DEPENDENCY TRIAL, DIVISION 7, ORANGE COUNTY LOCATED AT: Juvenile Division 2000 E. Michigan St.Suite 300 Orlando, FL 32806 PROCEEDINGS (WAIVED NOTICE OF OPPORTUNITY TO BE HEARD TO BE IN WRITING- WAIVED BY THE JUDGE) WERE COMMENCED WITHOUT FULL DISCLOSURE OF THE PLAINTIFFS’ TO CASE HISTORICAL DATA AND CONCURRENT CRIMINAL BACKGROUNDS, AND HISTORICAL DATA THAT WAS CONCURRENTLY PUBLISHED IN DIVISION 42 COURT, VIA CLERK OF THE ORANGE COUNTY CLERK OF COURT, MAINTAINED AS WELL IN THE RECORDS MANAGEMENT DIVISION, THE RISS DATABASE, THE DEPARTMENT OF CHILDREN’S RECORDS OR ACCOUNTS OF INTERAGENCY ACCESS WITH THE FLORIDA DEPARTMENT OF REVENUE. THE COMPLAINANT MAKES REFERENCE THAT THE ATTORNEY’S, WITH KNOWLEDGE, ACTED IN A DECEITFUL MANNER, NOT DISCLOSING INFORMATION FOR THE PURPOSE OF FRAUD RELATIVE TOWARDS THE OUTCOME OF JUDICIAL PROCEEDINGS. *Duty to report misconduct; code of conducthttps://www.facebook.com/OrangeClerk?ref=ts#!/pages/Duty-to-report-misconduct/136147606416830?fref=ts&rf=144393985578228 THE FLORIDA BAR ATTORNEY/CONSUMER ASSISTANCE PROGRAM 651 EAST JEFFERSON STREET TALLAHASSEE, FLORIDA 32399-2300 ON THIS 5TH DAY OF MARCH, 2015 SHEILA JOCELYN SHAW PARTY TO THE COMPLAINT: AGAINST THE ATTORNEY(S) 1. Chapter 560, relating to the Money Transmitters’ Code. 2. Chapter 812, relating to theft, robbery, and related crimes. 3. Chapter 815, relating to computer-related crimes. 4. Chapter 817, relating to fraudulent practices. 5. Chapter 825, relating to abuse, neglect, and exploitation of elderly persons and disabled adults. 6. Chapter 831, relating to forgery and counterfeiting. 7. Chapter 832, relating to the issuance of worthless checks and drafts. 8. Chapter 838, relating to bribery and misuse of public office. 9. Chapter 839, relating to offenses by public officers and employees. 10. Chapter 895, relating to offenses concerning racketeering and illegal debts. 11. Chapter 896, relating to offenses related to financial transactions. (b) A felony offense that is committed with intent to defraud or that involves a conspiracy to defraud. (c) A felony offense that is committed with intent to temporarily or permanently deprive a person of his or her property or that involves a conspiracy to temporarily or permanently deprive a person of his or her property. (d) A felony offense that involves or results in the commission of fraud or deceit upon a person or that involves a conspiracy to commit fraud or deceit upon a person. (4) As used in this section, “aggravated white collar crime” means engaging in at least two white collar crimes that have the same or similar intents, results, accomplices, victims, or methods of commission, or that are otherwise interrelated by distinguishing characteristics and are not isolated incidents, provided that at least one of such crimes occurred after the effective date of this act. (5) Any person who commits an aggravated white collar crime as defined in this section and in so doing either: (a) Victimizes 10 or more elderly persons, as defined in s. 825.101; (b) Victimizes 20 or more persons, as defined in s. 1.01; or (c) Victimizes the State of Florida, any state agency, any of the state’s political subdivisions, or any agency of the state’s political subdivisions, and thereby obtains or attempts to obtain $50,000 or more, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. ACAP BAR COMPLAINT DETAILS/PROFESSIONAL STANDARDS VIOLATIONS. Fw: EMPLOYEE MISCOND KUCT (hate crimes, continuing domestic violence after breaking up with Williams) CF180-4 ( per your publication, the SCOPE of guidelines, goverance of employee ethical and professional conduct states: “Fraud” means to commit an intentional violation of law or a deliberate misrepresentation or concealment so as to secure unfair or unlawful financial or personal gain.) In this case whereas fraud in the manner and form constituting DOMESTIC VIOLENCE, PUBLIC OFFICER/ATTORNEY DECEIT, COLLUSION, that he/she did KNOWINGLY WITH INTENT TO COMMIT AGGRAVATED (COMPOUNDED) SEMITIC HATE, ETHNICALLY BIASED CRIMINAL TORTS, DURESS AND EMOTIONAL ABUSE AND ALIENATION TO THE MOTHER WHO WAS ALREADY A VICTIM OF ABUSE OF DOMESTIC VIOLENCE IN THE MANNER AND FORMS OF EXINTIMATE PARTNER & FAMILY VIOLENCE, PERSONALITY TORTS AND FRAUD TO COMMENCE PROCEEDINGS, AND DOMESTIC VIOLENCE RELATED TO PRECEEDING ASCERTAINMENT PURSUITS THROUGH ADMINISTRATIVE AND JUDICIAL ACTIONS WHICH WERE INTENTIONALLY AND "SELECTIVELY" BIASED IN APPLICATION OF THE LAWS BOTH FEDERAL AND STATE STATUTORY APPLICATION TO CHILD CUSTODY, CHILD SUPPORT COLLECTION, RECOVERY AND DISBURSEMENT, WITH AN ACT OF VIOLENCE OCCURRING FEBRUARY 4TH 2011 IN THE ABATEMENT OF CHILD DUPPORT FROM THE PRECEEDING MONTH OF COLLECTION JANUARY 2011, AFTER JUDGEMENT REIDERED ON DECEMBER 22ND, 2010 LESS THAN 60(SIXTY DAYS) THAT EMPLOYEE KNOWLEDGE THRU THE RISS INFORMATION SHARING SYSTEM PROMPTED MALICIOUS, RETALIATORY STATEMENT TO INTERFER WITH FL SDU DISBURSEMENT, REVERSING THE JANUARY PAYMENT AFTER FRAUD TO COMMENCE PROCEEDING ONSET AGAIN AFTER AN EARLY DISMISSAL ON JANUARY 28TH, 2011, BOTH OF WHICH INITIAL CLAIM WERE OMITTED DUE TO EMPLOYEE FRAUD/MISCONDUCT

Monday 22 May 2017

http://icpcstatepages.org/florida/criminalbackground/ 39.0138 Criminal history and other records checks; limit on placement of a child— (1) The department shall conduct a records check through the State Automated Child Welfare Information System (SACWIS) and a local and statewide criminal history records check on all persons, including parents, being considered by the department for placement of a child under this chapter, including all non-relative placement decisions, and all members of the household, 12 years of age and older, of the person being considered. For purposes of this section, a criminal history records check may include, but is not limited to, submission of fingerprints to the Department of Law Enforcement for processing and forwarding to the Federal Bureau of Investigation for state and national criminal history information, and local criminal records checks through local law enforcement agencies of all household members 18 years of age and older and other visitors to the home. An out-of-state criminal history records check must be initiated for any person 18 years of age or older who resided in another state if that state allows the release of such records. The department shall establish by rule standards for evaluating any information contained in the automated system relating to a person who must be screened for purposes of making a placement decision. 1. Chapter 560, relating to the Money Transmitters’ Code. 2. Chapter 812, relating to theft, robbery, and related crimes. 3. Chapter 815, relating to computer-related crimes. 4. Chapter 817, relating to fraudulent practices. 5. Chapter 825, relating to abuse, neglect, and exploitation of elderly persons and disabled adults. 6. Chapter 831, relating to forgery and counterfeiting. 7. Chapter 832, relating to the issuance of worthless checks and drafts. 8. Chapter 838, relating to bribery and misuse of public office. 9. Chapter 839, relating to offenses by public officers and employees. 10. Chapter 895, relating to offenses concerning racketeering and illegal debts. 11. Chapter 896, relating to offenses related to financial transactions. (b) A felony offense that is committed with intent to defraud or that involves a conspiracy to defraud. (c) A felony offense that is committed with intent to temporarily or permanently deprive a person of his or her property or that involves a conspiracy to temporarily or permanently deprive a person of his or her property. (d) A felony offense that involves or results in the commission of fraud or deceit upon a person or that involves a conspiracy to commit fraud or deceit upon a person. (4) As used in this section, “aggravated white collar crime” means engaging in at least two white collar crimes that have the same or similar intents, results, accomplices, victims, or methods of commission, or that are otherwise interrelated by distinguishing characteristics and are not isolated incidents, provided that at least one of such crimes occurred after the effective date of this act. (5) Any person who commits an aggravated white collar crime as defined in this section and in so doing either: (a) Victimizes 10 or more elderly persons, as defined in s. 825.101; (b) Victimizes 20 or more persons, as defined in s. 1.01; or (c) Victimizes the State of Florida, any state agency, any of the state’s political subdivisions, or any agency of the state’s political subdivisions, and thereby obtains or attempts to obtain $50,000 or more, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


a plaintiff need only demonstrate that an attorney has breached his implied contractual duty to provide legal services in a manner consistent with the profession at large. Gorski v. Smith, 812 A. 2d 683 (Pa. Super 2002). The Court in Gorski also cited Fiorentino v. Rapoport, 693 A.2d 208 (Pa. Super. 1997), app. den’d, 701 A.2d 577 (Pa. 1997), as supporting this interpretation of Bailey.


Sunday 14 May 2017

http://www.assembly.nl.ca/legislation/sr/statutes/f03-1.htm


SNL2005 CHAPTER F-3.1 FAMILY VIOLENCE PROTECTION ACT Amended: 2006 c40 s7; 2009 c16 s9; 2012 c9; 2013 cA-3.1 s86 CHAPTER F-3.1 AN ACT RESPECTING PROTECTION AGAINST FAMILY VIOLENCE (Assented to December 13, 2005 ) Analysis 1. Short title 2. Definitions 2.1 Authority of judge 3. Family violence defined 4. Application process 5. Granting of emergency protection order without notice to another person 6. Contents of emergency protection order 7. Duration of emergency protection order 8. Respondent to have notice 9. Right to review 10. Application to set aside 11. Powers of judge on hearing to set aside 12. Application to vary or terminate 12.1 Appeal 13. Effect of emergency protection order 14. Effect on property and leasehold interest 15. Order directs police officer 16. Confidentiality 17. Protection from personal liability 18. Penalties 19. Duty to report continued 20. Regulations 21. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Family Violence Protection Act . 2005 cF-3.1 s1 Back to Top Definitions 2. In this Act (a) "applicant" means a person referred to in subsection 4(1) (i) who applies for an emergency protection order, (ii) on whose behalf an application is made for an emergency protection order, or (iii) who is granted an emergency protection order; (b) "child" means a child born within or outside marriage who ordinarily or periodically resides with the applicant and is under the age of 19 years and unmarried and includes (i) a child adopted under the Adoption Act, 2013 , (ii) a child whom the applicant has demonstrated a settled intention to treat as a child of his or her family, and (iii) a child in the actual care and custody of the applicant; (c) "clerk" includes a clerk acting under the Criminal Code and the Youth Criminal Justice Act (Canada ) and a person who performs the duties of a clerk of the court; (d) "court", except as otherwise provided, means the Provincial Court of Newfoundland and Labrador ; (e) "emergency protection order" means an order granted under section 5; (f) "family violence" means an act or omission described in subsection 3(1); (g) "judge", except as otherwise provided, means a Provincial Court judge appointed under the Provincial Court Act, 1991 and includes the chief judge; (h) "minister" means the minister appointed under the Executive Council Act to administer this Act; (i) "police officer" means (i) a member of the Royal Newfoundland Constabulary, and (ii) a member of the Royal Canadian Mounted Police Force stationed in the province; (j) "property" means an interest, present or future, vested or contingent, in real or personal property, including companion animals, and includes property that (i) a person owns, or (ii) a person does not own but (A) uses or enjoys, (B) is available for the person's use or enjoyment, (C) is in the person's care or custody, or (D) is at the person's residence; (k) "residence" means a place where the applicant normally resides and includes a residence that the applicant has vacated due to family violence; (l) "respondent" means a person against whom an emergency protection order is sought or granted under this Act; (m) "rules of court" means the rules made under section 29.1 of the Provincial Court Act, 1991 ; and (n) "weapon" has the meaning assigned to it under section 2 of the Criminal Code and includes an explosive substance. 2005 cF-3.1 s2; 2012 c9 s1; 2013 cA-3.1 s86 Back to Top Authority of judge 2.1 Notwithstanding sections 43.7 and 43.9 of the Judicature Act , an application under this Act shall be made to and heard and determined by a judge in accordance with this Act and the regulations. 2009 c16 s9 Back to Top Family violence defined 3. (1) For the purpose of this Act, "family violence" means one or more of the following acts or omissions committed against an applicant or a child by a respondent: (a) an assault that consists of the intentional application of force that causes the applicant to fear for his or her safety but does not include an act committed in self-defence; (b) an intentional, reckless or threatened act or omission that causes bodily harm or damage to property; (c) an intentional, reckless or threatened act or omission that causes a reasonable fear of bodily harm or damage to property; (d) forcible physical confinement without lawful authority; (e) sexual assault, sexual exploitation or sexual molestation, or the threat of sexual assault, sexual exploitation or sexual molestation; (f) conduct that causes the applicant to reasonably fear for his or her safety, including following, contacting, communicating with, observing or recording a person; and (g) the deprivation of food, clothing, medical attention, shelter, transportation or other necessaries of life. (2) Family violence may be found to have occurred for the purpose of this Act whether or not, in respect of an act or omission described in subsection (1), a charge has been laid or dismissed or withdrawn or a conviction has been or could be obtained. (3) For the purpose of this Act, a respondent who encourages or solicits another person to do an act which, if done by the respondent, would constitute family violence against the applicant, is considered to have done that act personally.