Federales......

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Old 01-15-2020, 08:16 AM
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Federales......

In a million years I never would have thought that my divorce case could end up in a federal court but yet here we are. This whole process has been surreal. I will have a better understanding of the charges after my meeting tomorrow. I just ask you guys pray for me this is soooo outside of my life's scope it doesn't feel real.
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Old 01-15-2020, 08:28 AM
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dawnrising……I will be thinking about you.
I think that there is a long list of things that we all think...."This happens to other people, but not me"...…
Please let us know what happens...
We care about you....and, understand what a hall of bizarre mirrors this must feel like!!
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Old 01-15-2020, 08:47 AM
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Dawnrising,

I don't think a divorce going through federal court is in anyone's scope. I feel for you. Stay strong and will be praying for you.
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Old 01-15-2020, 11:27 AM
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Have you been give any idea of how long the process will take?
I dont understand the court system at all, but it sounds like a whole lot of complicated administration on top of feelings and hurt.
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Old 01-15-2020, 04:42 PM
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Originally Posted by Wombaticus View Post
Have you been give any idea of how long the process will take?
I dont understand the court system at all, but it sounds like a whole lot of complicated administration on top of feelings and hurt.
The feelings and hurt dissipated during the first round at this point I am numb. I will definitely know a lot more tomorrow, it is likely to be 3 separate court systems : state civil/or appellate, federal civil, federal criminal. There are distinct and separate issues to try(sp?) State civil is the only one related to a property division, everything else will be decided in the federal system. In addition there will be "tribunals" of disciplinary conduct for so called "professionals". The good news is every issue is so well documented beyond any doubt that once they get heard should be quick, how long it takes to make it to that stage I have no idea. If on the state side, the court decides to "start over" then new evidence of criminal behavior (known) can be subpoenaed to provide to the court and will add to the federal criminal charges. Mean while I just live in limbo land which really used to bug me but I have made peace with limbo.
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Old 01-15-2020, 04:47 PM
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dawnrising...I think you are handling this amazingly well...….gosh...I feel overwhelmed at the complexity of it all by just reading about it!
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Old 01-15-2020, 04:57 PM
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Lets be real - I'm in a fog right now. I'm sure the effects will make themselves known for years to come, but "I didn't cause it, I can't change it, and I can't control it" applies very nicely to this aspect of my life as well.
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Old 01-15-2020, 07:32 PM
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Originally Posted by dawnrising View Post
"I didn't cause it, I can't change it, and I can't control it" applies very nicely to this aspect of my life as well.
That is a good point. The saying can be applied to many areas.
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Old 01-16-2020, 07:17 AM
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Thinking of you friend, and sending all the good juju your way!

Big hugs!
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Old 01-16-2020, 11:43 AM
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US federal criminal court requires charges to be filed by a US attorney on behalf of the US government department of justice. The plaintiff is the US government the defendant is whoever individual, individuals, or possibly corporation or combo of them all. Typically this process is started by the US attorney presenting evidence to a grand jury & getting them to issue an indictment

Your attorney's can file suit on your behalf in US federal civil court. Same goes for municipal or state civil court. In these civil cases you are the plaintiff & they are the defendant (s).

US attorneys can also file a civil case in federal court on behalf of the US government.
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Old 01-16-2020, 10:03 PM
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Originally Posted by HardLessons View Post
US federal criminal court requires charges to be filed by a US attorney on behalf of the US government department of justice. The plaintiff is the US government the defendant is whoever individual, individuals, or possibly corporation or combo of them all. Typically this process is started by the US attorney presenting evidence to a grand jury & getting them to issue an indictment

Your attorney's can file suit on your behalf in US federal civil court. Same goes for municipal or state civil court. In these civil cases you are the plaintiff & they are the defendant (s).

US attorneys can also file a civil case in federal court on behalf of the US government.

Yes this is exactly where we are at. Civil case filing in federal court on the violations of ERISA by company, criminal charges in federal court for both AH and company, material fraud and identity theft for both, and add aggravated perjury for AH. Talk went well 2 more meetings to go. Maybe an additional filing in the state for violating the state insurance code, which I found out tonight is not exempted by fed law on this issue. I can’t sleep imagine that........ I will say the dept of labor case worker is awesome. He called to give me some info and then asked me to send the actual highlighted versions. The company tried to justify their position with a case from 1969 which was overturned. My guy was pissed and said let’s make it real easy for the national office to understand, it will probably end up in court with the others. I am just amazed by the CYA mentality. They could have just corrrected it a long time ago.
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Old 01-17-2020, 02:31 AM
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Generally speaking certainly not all the time when US attorneys are involved & have received an indictment from a grand jury they will proceed with the criminal case first. Depending on the outcome of that criminal case & what evidence was produced at trial they may then proceed with a civil case against part or the same defendants.

If they can win on a criminal case meaning found guilty beyond a reasonable doubt their likelihood of winning a civil case is good because the outcome of that case is determined by the preponderance of the evidence which is an easier test.

US attorneys in larger cities have bigger budgets & far more investigative resources at their disposal like the FBI than those working in more rural type areas. This can effect what actions they take depending on how difficult the case is. Their goal is to win & spend tax payer money wisely.
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Old 01-17-2020, 04:12 AM
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I can imagine it was hard to sleep, dawn...how are you feeling today? When do you have to go back to court, or is this a 'several days in a row' type of thing?
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Old 01-17-2020, 08:33 AM
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Originally Posted by Seren View Post
I can imagine it was hard to sleep, dawn...how are you feeling today? When do you have to go back to court, or is this a 'several days in a row' type of thing?
No sleep at all last night, and for the week maybe a total of 10 hours of sleep. I will have to go go to court before the 31st on the state civil proceedings.
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Old 01-17-2020, 09:32 AM
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Sending you lots of support and many hugs friend!
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Old 01-17-2020, 10:22 AM
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Wow...I'm not sure what to say. I hope you have some good local supports. Thinking of you.
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Old 01-24-2020, 09:56 PM
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AH Doubled down on the lies and now in an affidavit. so just in case you had a hard time listening now its there in writing Good Lord, court next week for the divorce is not going to go well for him.
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Old 01-25-2020, 06:16 AM
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Sometimes, the ego will simply not let go of the lies...because it would be an admission of failing. And "failure is not an option", smh. I'm sorry he digs his own hole deeper and deeper, but that's all on him. It will be a hard day for him, indeed, when all the lies come back to him.
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Old 01-25-2020, 07:16 AM
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Originally Posted by Seren View Post
Sometimes, the ego will simply not let go of the lies...because it would be an admission of failing. And "failure is not an option", smh. I'm sorry he digs his own hole deeper and deeper, but that's all on him. It will be a hard day for him, indeed, when all the lies come back to him.
thank you for this perspective, one of AH ingrained traits is fear of failure. He won't try things if he is not guaranteed a success, this makes sense to me......but destructive none the less. One of our children used to be very much like this and I actually prayed for a failure just so they could know that life goes on. Thankfully I was the perfect ying to that yang , so our kids could experience both.
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Old 01-27-2020, 01:45 PM
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Just sending you lots of (((((hugs))))) & positive thoughts, dawn. This has been a LONG time coming.

Stay strong; hope you've managed to get some sleep!!
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