
Ed Truncellito, a Texas Lawyer, is bringing a RICO claim for 7.5
BILLION dollars to expose the ORGANIZED CRIME of the Bar Association.
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EXPOSE THE ORGANIZED CRIMINAL BAR ASSOCIATION.
THIS IS CLEAR EVIDENCE THAT STATE BARS AND FAMILY LAWYERS AROUND
THE COUNTRY ARE CONSCIOUSLY, VICIOUSLY, AND WILLINGLY DESTROYING THIS
COUNTRY AND UNDERMINING ITS SOCIAL FABRIC AS WELL AS ERODING THE
CONSTITUTION...
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Plaintiff, CASUALTIES OF NO-FAULT DIVORCE FRAUD (ASSUMED NAME FOR
EDWARD TRUNCELLITO), an individual who is a resident of Texas, on
behalf of himself and all others similarly situated, brings this class
action suit for $7,500,000,000.00 against the State Bar of Texas, for
violations of the Racketeer Influenced and Corrupt Organizations Act
("RICO"), 18 USC §1962, for fraud, breach of fiduciary duty, and
extortion.
(Note: Plaintiff is publicizing this action at web site
www.no-one-is-married.com.)
SBOT No-Fault Divorce Fraud is a cover-up, like Big Tobacco
7/16/00, Houston Chronicle, p. 17A, "Punitive Damages is memo to
industry," quoting Leighton Finegan, jury foreman of the
$145,000,000,000.00 tobacco punitive damages verdict:
a..
"I hope it sends a strong message for all companies in America
that they can't fraudulently represent anything to the public," he
said. "This case was not about choosing to smoke," Chwast said. "It's
about if you know you're making a defective product, and these
companies knew that."
Lawyer insider exposes SBOT [State Bar of Texas] No-Fault Divorce
Fraud
b.. As an insider to Texas law, Truncellito now blows the whistle
on an immense criminal Family Law racket being concealed by the State
Bar of Texas, "SBOT."
c.. Truncellito has discovered, and explains in allegations
below-at the peril of fortune and possibly life-that SBOT's Family Law
System was deliberately designed to destroy helpless Texas families
for the profit of its own lawyers.
d.. In his 11/24/99 letter, Truncellito informed SBOT that he
uncovered massive SBOT corruption causing a family holocaust. An
excerpt:
"At my own expense I have spent over 1,000 hours researching
the law . And my personal investment has not been in vain.
I have uncovered scandalous corruption in Texas family law and
in the Texas Family Bar. Texas marriages are being systematically and
recklessly destroyed through unlawful adversarial practices of the
Texas Family Bar.
But further, in this huge research effort, I have not just
uncovered problems. I also have developed reasonable and realistic -
though far-reaching - judicial solutions that will substantially
remedy those problems at their root.
However, at the same time that marriages are saved, divorces
will decline dramatically. Consequently, the revenues of the Family
Bar, as the practice exists today, will be dramatically reduced.
The Family Bar lawyers stand to lose a fortune ."
1.. The day after receiving the letter, SBOT, through their
agents, Joseph Indelicato and Stephen Statham, began "disability"
proceedings to suspend Truncellito's license to practice law. Mr.
Statham explained that Mr. Truncellito's letter showed "a lot of
passion."
2.. Mr. Truncellito, a teetotaler since 1988, is an honors
graduate in computer science who worked eight years as a programmer
for the law firm of Baker & Botts. Mr. Truncellito scored in the top
one percent on the Law School Admission Test, went to law school at
night, at the University of Houston, and graduated in 1995.
3.. On 6/12/00, Mr. Truncellito presented his 220 page "Motion
for Rehearing En Banc" to the First Court of Appeals, accusing the
First Court's staff of criminal misconduct in their refusal to
interpret the Texas no-fault divorce law (see section below about
their "4/20/00 Opinion.")
1.. The First Court of Appeals denied Mr. Truncellito a
fifteen minute hearing on appeal after they knew he invested (by then)
fifteen hundred hours in Texas Family Law research.
1.. SBOT Corruption Cover-up Agency-"The Commission"
1.. Only by Divine Providence has Truncellito avoided-thus
far-being silenced by the "The Commission" ("Commission for Lawyer
Discipline"), SBOT's secret police, whose rules are designed to
conceal SBOT crime and corruption from the public.
2.. "The Commission" (and BODA, the Board of Disciplinary
Appeals), is heart of SBOT's organized crime.
3.. "The Commission" keeps "the profession" from falling into
disrepute, much as "The Godfather" keeps "The Family" from falling
into disrepute.
4.. SBOT legal corruption is carefully disguised to appear
reasonable to untrained eyes, and "The Commission" uses totally secret
procedures to silence insider lawyers who have training to recognize
the criminal scams when they stumble into them. The Commission even
has power to imprison lawyers who reveal that they have been
subpoenaed to appear at some of "The Commission's" secret hearings.
5.. "The Commission" silences whistle-blowers with secret
proceedings, using their "disability" rule, which is like a blank
check, which reads: "a mental or emotional condition that results in
the inability to practice law."
6.. A license suspension itself results in the "inability to
practice law," and then "The Commission" can name any emotion to
fulfill the condition of their rule. The net result: for any or no
reason, "The Commission" can suspend a lawyer's license-and all the
lawyer's earnings.
7.. "The Commission" can have anyone be the initial accuser of
"disability." Then, they appoint their own psychiatrist, prosecutor,
witnesses, judge, and jury, to "further consider the issue of
'disability.'"
8.. Their tribunals have absolute discretion-"The Commission's"
term for absolute power-and absolute secrecy. The Commission knows
that absolute tyranny is necessary to enforce absolute silence from
whistle-blowers.
1.. All of SBOT is in disorder, but Family Law especially
Go To Table of Contents
By the time lawyers graduate from law school and begin to suspect
criminal realities in SBOT, they are dependent on their incomes from
lawyering, and they cannot afford to make waves.
1.. Some lawyers are in areas of law less prone to the criminal
frauds, and their naïveté, and freedom from those schemes, helps
protect the image of "the profession."
2.. Other lawyers either join up with the corruption-or they
look the other way and keep silent, because otherwise, dissenters are
quickly taught their lesson by "The Commission."
3.. By the time a lawyer has substantial influence with any
breadth, the lawyer knows what must not be inquired into-for wisdom's
sake.
Law schools, by their complex curriculums, assist SBOT's criminal
designs by increasing the cost of entry into "the profession."
1.. U. of Houston Professor David Crump points out the absurdity
of the law school teaching approach, comparing it to learning about
baseball by watching a game through a knothole in the fence.
2.. Yet these brilliant doctors of law leave such an antiquated
teaching system in place knowing that the barrier to entry helps
protect the image-and monopoly-of "the profession."
1..
1.. When it comes to disciplining outsiders for "unauthorized
practice of law," any lawyer whatsoever can prosecute a lawsuit
against the outsider," for swift and effective enforcement.
2.. However, for disciplining insiders, for ethical
misconduct, the only way a lawyer can be disciplined, is by "The
Commission."
3.. "The Commission's" disciplinary system requires secrecy
unless "The Commission" decides to publish. So any of "The
Commission's" enemies, or lawyers whose misdeeds cannot be concealed,
can be exposed for misconduct, while at the same time, criminal
rackets can be protected.
2.. The justice system's present corruption, in Family Law,
however, is extraordinary in the scope of its social destructiveness.
3.. Family Law corruption affects the entire population and has
destroyed, not only the sacredness of marriage, but the very right to
"marry" itself, as marriage has always been known, where spouses must
try to stay together peaceably, at least reasonably try to keep their
vows, before a divorce can be granted.
4.. Family Law corruption is the focus of this lawsuit.
No-Fault Divorce Fraud: Family Hospital deteriorated into a Family
Morgue
e.. Letting SBOT's Divorce Lawyers implement No-Fault divorce laws
was like letting morticians implement hospital emergency room
procedures. They engineered an assembly line straight to the family
morgue.
f.. Divorce Lawyers implemented no-fault divorce only partially
with legislation, but then added loopholes primarily within the
procedures, ethics, and evidence rules, which are controlled
exclusively by SBOT.
1.. The regulatory control for these aspects of the legal
machinery is given to the Texas Supreme Court, and nothing gets
through to the Supreme Court for consideration unless it passes
committees standing guard to protect SBOT self-interests.
2.. No legislation is enforceable except through courts
controlled by SBOT-developed rules of procedure, ethics, and evidence.
1..
1..
2.. Medicine, in contrast to law, has advanced by great
strides, because they have lawyers looking over their shoulders, to
compel real accountability with consequences for successes-and
failures.
1.. This is one reason why law is so little taught in the grade
schools, because the unfairness of legal methods quickly becomes
evident even to grade school children;
1.. So by the time young adults become married, they owe
fiduciary loyalty to their spouses, but they cannot even pronounce it.
g.. Marriage law is an emotionally-charged subject. It is easy for
lawyers in legislative committees to play on special interests but for
a pretense, and hide self-protection and profit motives.
h.. The fraudulent no-fault implementation channeled money from
troubled families to divorce lawyers, now at hourly rates in three
digits, in exchange for dividing children and property. Moneys were
not directed into reconciliation systems. The court's officers were
hired and paid to terminate marriages, not to save them.
i.. The fraudulent no-fault implementation abolished the
fundamental right to true marriage. Fraudulent no-fault took away the
legal protection for the once-irrevocable trust established by
marriage vows. Instead, SBOT lawyers protect the solemn vows that
lawyers make between themselves and an SBOT judge.
j.. The fraudulent no-fault implementation did not train spouses
to discover or solve any of the disputes at the heart of marital
discord. The fraudulent implementation simply--and
grievously--empowered SBOT lawyers to settle all marital disputes for
spouses, in one grand sweep, by divorce, no matter how whimsical or
trivial the disagreement.
k.. The driving purpose of divorce reform in the 1960's was
women's equality. But the fraudulent no-fault implementation did not
elevate the status of wives as co-equal family managers. It subjected
both spouses to overreaching legal domination by SBOT lawyers who
became the family managers with the first spouse's visit and
thereafter managed the spouses through their children with custody
battles and orders.
l.. More often than not, spouses go to a divorce lawyer, not
because they want a divorce but for relief from spouses who are not
trained as good husbands and wives. However, pressured by SBOT, in
these traumatic personal circumstances, in the unfamiliar legal
setting, spouses acquiesce to the lawyers' lead, and the spouses are
unduly influenced to rise up against their own beloved families and
children, unknowingly spurred by the ignorance, pride, and greed of
unaccountable SBOT lawyers who learn how to inflame even minor
irritations into deadly animosities.
But when one-sided, incontestable "divorce on demand," was opened
up by court misinterpretation, suddenly every faithless partner got
control of the family, always holding the threat of divorce over the
faithful partner's head. That doubled the divorce rate in about ten
years, by about 1980, because beforehand, that other half of the
population's marriages were dominated by the faithful partner-and
those marriages weathered the storms.
m.. Fraudulent no-fault divorce implementation was led by Joseph
McKnight, who was appointed director of SBOT's Family Code Project in
1966 and stayed in the role at least until 1974.
n.. McKnight's 1970 Texas Bar Journal article showed he understood
that Texas no-fault divorce was intended for divorces where there was
no contest.
o..
p.. Then, in 1973, to further the fraud, McKnight perjured himself
before the House Committee on the Judiciary, by omission, while
representing the State Bar of Texas, in his official capacity as
Director of the Family Code Project,
1.. McKnight's perjury is found on tapes from Hearings on Tex.
H.B. 103 Before the House Committee on the Judiciary, 63rd
Legislature, R.S., Meeting 11, (March 13, 1973) (from Cassette Audio
Tape 3 available from House Committee Services, Legislative Reference
Library, Austin, TX 78711; (512) 463-0920).
1.. Testimony shows Rep. Hale's alerted suspicion of the
McKnight's major overhaul of the entire multiple-subject Family Code
Title I, and he was misled by McKnight about the technical
significance of the imbedded divorce evidence requirement in §3.64,
and it's unmentioned connection to the change in §3.52 pleadings,
though Hale finally acquiesced to then-SMU Professor McKnight's
assurance about sponsorship by the trustee, SBOT.
2.. McKnight carefully worded a half-truth, intending to
mislead-while under oath to tell the whole truth-that there were
persons (unnamed divorce-at-will advocates) who thought that §3.64
"full and satisfactory evidence" requirement for divorce was
"superfluous" and "it didn't serve any useful purpose," failing to
mention that the change would render the "no-fault insupportability"
statute, which was already ambiguous, into incontestable "divorce at
will."
2.. McKnight, as Director of the Family Code Project was well
aware, at the time he testified in 1973, of the pertinent case law
which showed the "full and satisfactory evidence" provision and the
pleading requirements were the mainstays of Texas government's
protection of marriage.
q.. No one in the legislature had any idea that the legal
protection of marriage was losing a fundamental attribute, and that
the fraud of divorce on demand, already begun, would thereafter be
unstoppable to implement.
McKnight further covered up, in his 1974 Texas Tech. Law Review
article, where he said there was "no defense" to a no-fault divorce,
although he knew fully well that Texas no-fault divorce was never
meant to be defended, but it was only to be used where there was no
contest over the divorce.
1.. McKnight, Commentary on Sec. 3.64, 5 Tex.Tech L.Rev. 281,
342 (1974) contains misrepresentations that the burden of proof had
not changed, by going from full and satisfactory evidence to ordinary
preponderance standard. The article further misleads by complaining of
misuse of the evidence standard, an isolated case, while failing to
mention its proper use and rationale as had been established for over
100 years by renowned Texas jurists, including Supreme Court Justices.
2.. McKnight, Commentary on Sec. 3.52, 5 Tex.Tech L.Rev. 281,
328 (1974) misleads by assuring everyone that marriages could still be
defended by getting facts through discovery, though after 25 years of
CLE, discovery is now totally denied at trial, as illustrated in 1999
Amarillo Richards case and now the 2000 Houston First Court
Truncellito case, with grounds of divorce ruled irrelevant for
discovery, by trial courts, while the courts of appeal uphold these
unlawfully-granted divorces. McKnight's article further misleads by
failing to mention the true role of fact pleadings and evidence in
strengthening the defenses against contested divorce, defenses which
discourage divorce and encourage reconciliations. Removing the right
to demand pleadings of fact hindered the ability to defend at trial
and on appeal, but McKnight omitted any such comment.
The practicing lawyers deceive marriage partners, and the marriage
partners and their children are thereby injured.
1999 No-defense, no Jury: In re Marriage of Richards, 991 S.W.2d
32 (Tex. App.-Amarillo 1999, pet. dism'd w.o.j.).
Richards case absurd but true meaning: "A contested no-fault
divorce shall be affirmed on procedural technicalities, through
misapplication of the Szczepanik case, where the Collora case applies,
even if there is no discovery, even if a properly requested jury is
denied, and even if the judge announced the verdict before hearing any
evidence, declaring "there is no defense to no fault divorce."
1.. High Court Fraud: First Court of Appeals 4/20/00 Truncellito
case opinion
1.. Having sanctioned the Truncellito appeal as frivolous,
$4,500, after the First Court denied 1,500 hours of preparation a
15-minute oral argument, there must have been some ulterior motive.
The 4/20/00 opinion cannot be explained by reason of honorable
judging.
2.. The 4/20/00 opinion does not address the contentions in
Appellant's brief, repeats the opponents misconstructions, and
capriciously disregards the facts and the law of this case. Intent to
defraud, to decide the case apart from its merits, is evidenced in
that the 4/20/00 opinion:
3.. The 4/20/00 opinion is a fraud to prevent a fair
presentation of the case on the merits, and to prevent rendering a
considered opinion of the Court on the substantive law and facts of
this case.
In this fraudulent 4/20/00 opinion:
1.. The Court knew it was effectively denying the constitutional
right to a fair review.
1.. It knew of the hurdles to overcome the Court's discretion
to deny rehearing, which could be exercised as easily as its first
denial of a hearing.
2.. It knew of the difficulty of bringing a no-fault divorce
challenge to the Supreme Court of Texas for discretionary review.
2.. The Court knew the 4/20/00 opinion's deceit would be
virtually impossible to rebut because its vagueness leaves so many
escape routes.
3.. The Court knew that it owed explicit rationales, so a
rebuttal does not have to analyze exhaustively all the various legal
paths the Court might have traveled to arrive at its conclusion.
The Court knew that, with undisclosed reasoning, any formal,
written rebuttal would face yet one more clever misconstruction to
evade again, by adding a few more words of legal ambiguity, again to
overwhelm and wear down the beneficiary-challenger with the same
endless and futile task-of trying to defeat a prejudiced tribunal with
a reasoned argument on the merits.
1.. It knew that a dishonorable, but experienced, legal
authority can easily place an impossible burden on its petitioners,
through an unending variety of evasive ambiguities, with just one more
twist on the kaleidoscope of legal fraud.
It knew that petitioners, the beneficiaries of the public's
Judicial Trust, are helpless to defend themselves against prejudiced
tribunals; and,
The 4/20/00 opinion avoids consideration of no-fault divorce
reform that the case earnestly proposed to the Court to end the family
holocaust, and as a result, the SBOT agents within the First Court of
Appeals attempted to protect SBOT's criminal racketeering interests
and its systematic destruction of families.
It is absurd to suggest that anyone bright enough to ascend to a
professional post at an appellate court, even a new briefing attorney,
could seat themselves in an ivory tower, face a 1,000 page record and
1,500 hours research, lower a dome of silence, waive issues by
overlooking their validity in the record, dispose of the case on the
disingenuous presumption of the meaning of a single-word
quasi-admission, and meanwhile profess that justice was being served.
r.. A preliminary survey of the Texas Penal Code suggests that the
4/20/00 opinion, with the record of this case, which it distorts,
furnishes prima facie evidence to warrant investigation of Tina
Snelling, Peter Steinmann, Joseph Indelicato, Stephen Statham, the
First Court of Appeals staff and Justices, and other members of SBOT
who have become involved, for perpetrating and/or conspiring to
perpetrate the following offenses, some classified as felonies:
1.. Ch. 15: Preparatory Offenses.
1.. §15.02 Criminal Conspiracy
2.. Ch. 36: Bribery & Corrupt Influence
1.. §36.02 Bribery
2.. §36.04 Improper Influence
3.. §36.06 Obstruction Or Retaliation
3.. Ch. 37: Perjury & Other falsification
1.. §37.10 Tampering With Governmental Record
Ch. 39: Abuse of Office
1.. §39.02 Abuse Of Official Capacity
2.. §39.03 Official Oppression
1.. Other SBOT abuses of Families
1.. "The Commission" routinely refuses to respond or to
investigate complaints, at least from fathers, for two supposed
reasons. First, they characterize complaints as unreasonable
dissatisfaction with a fair result. Second, there are too many to keep
up with.
1.. The Bar refused to return the telephone calls to Rep
Holzhouser's office for over three months with the Rep's office
calling and writing regularly, on this subject.
Because of three-digit hourly rates of the lawyers, granting
interim fees during divorce prosecution is marriage quicksand: the
harder the Respondent tries to save the marriage, in a contest, the
faster they sink.
1.. either the Respondent will be forced to pay the expenses,
thereby crushing Respondent's will to resist, and crippling
Respondent's ability to defend; or,
2.. Petitioner will be required to pay the expenses, further
inciting Petitioner to unwarranted hatred against Respondent, framed
by the adversarial gamesmanship of Petitioner's attorney, contrary to
ADR law.
3.. Either way, the family is attacked by Petitioner's attorney
who confidently expects enormous personal profit at the family's
expense.
SBOT knows that divorce clients are easy to exploit, and so
lawyers instruct the clients to follow the lawyer's own purposes, but
then they claim that the clients are directing them, for example, into
adversarial maneuvers. James R. Elkins, "A Counseling Model for
Lawyering in Divorce Cases," 53 Notre Dame Lawyer 229, at P. 237,
footnote 39, comments about the well-known phenomenon:
" . One extremely manipulative attorney has explained how the
dependent victim in the rescue game is managed by the attorney. . The
same often happens in matrimonial cases. Merely by indicating there is
going to be rejection, a lawyer can get a client to do anything he
wants him to." R. Felder, Divorce 69 (1971).
s.. SBOT makes money by divorce, because that is what divorce
lawyers have been trained to do, via CLE. Therefore, destroy marriages
is what they do.
t.. SBOT has adamantly refused to discipline its lawyers, finding
every way to cloud the issues, so it can indulge their lawyers rather
than re-train them. SBOT even indulges their criminal exploitation of
helpless spouses, via cover-ups in "The Commission," where it should
and could place positive controls on divorce lawyers, to prevent them
from instigating strife between couples. Thereby, SBOT hinders
implementation of ADR and no-fault divorce.
SBOT in this way conspires to restrain trade unreasonably, to
restrict competition in marriage reconciliation & restoration market,
choosing their methods of family destruction to make money.
u.. SBOT's system cultivates hatred, to justify destroying
victims' lives, and it perpetuates itself through greed, by allowing
the plunder of the victims' fortunes.
v.. SBOT lawyers cultivate gender hatred against spouses. Then the
two lawyers cross-fire that hatred back on the helpless and
emotionally confused opposite spouses, who then wrongly blame their
spouse for the attack-or they blame the judge-and then the lawyers
play golf together on Friday afternoons.
Each state has similar enterprises which are affiliated through
the American Bar Association.
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