... OFFE BULLETIN (113) FOR IMMEDIATE RELEASE November 22, 2011 Your Military Service will be used Against You in a DivorceMessage 1 of 1 , Jan 15, 2012View Source
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OFFE BULLETIN (113)
FOR IMMEDIATE RELEASE
November 22, 2011
Your Military Service will be used
Against You in a Divorce
In today’s world marriages which last a lifetime are extremely rare. In our society today, failed marriages and divorce are common place. You no longer need a real reason to file for divorce; you merely have to file and the divorce will be granted. In most states, it’s about that easy.
The information contained in this article is nothing new. The coldhearted tactics described below are used successfully every day in every state in the U.S. Divorce attorneys and Department of Family and Children Service professionals make their living on broken families and failed marriages. Divorce and child custody law is a multibillion dollar business. Attorneys and DFAC professionals thrive on those going through a divorce. The more divorces there are, the more money these individuals make. If no one got a divorce, they would be out of business.
In addition, divorce attorneys will not hesitate to use every trick in the book to get their client the largest award possible. To many attorneys it is all about money and nothing else.
One particular group of individuals is more vulnerable to civil court abuse than most others. Sadly, our military personnel and disabled veterans (men and women) have been singled out as very likely to be discredited and disqualified as parents for several different reasons. These men and women routinely have their military service used against them in divorce court. From their mandatory extended deployments, to Post Traumatic Stress Disorder (PTSD), to the inclusion of VA disability compensation as ‘income’ when calculating alimony, it often seems that everything possible is used against the veteran. Divorce attorneys have a wide range of tactics and strategies they use to portray our veterans as irresponsible, unpredictable, mentally and emotionally unstable, and many as capable of domestic violence.
In May of 2010, a delegation from Operation Firing For Effect (OFFE) traveled to Key West, Florida to attend Earnest Pridemore’s divorce hearing. Mr. Pridemore represented himself, and attorney David L. Manz of Marathon, Florida represented Mrs. Pridemore. At one point in the hearing, in support of a restraining order against Mr. Pridemore, Manz implied that all military veterans were high risks for spousal abuse and domestic violence by virtue of their military training, which aggressively teaches them to kill and destroy.
Civil Court Judge Mark Jones did not strike Manz’s statement and it was allowed into the hearing transcript. This anti-military statement by attorney Manz is a perfect example of how low some attorneys will go to discredit an honorable military veteran. Earnest Pridemore was ordered to surrender his antique firearm collection to sheriff’s deputies. OFFE has received dozens of similar complaints from active duty personnel and veterans. Every day in courtrooms across the nation military veterans and active duty personnel are having their service in the United States Armed Forces used against them.
Veterans and active military personnel are losing custody, parental rights, and even visitation based on PTSD ratings and overseas deployments. The twisted logic behind these unjust court rulings is: a PTSD diagnosis implies emotional instability and unpredictable behavior; and an extended tour of duty overseas indicates a lack of contact and involvement in the development of one’s child or children. In fact, in some cases where a parent ‘voluntarily’ and ‘willingly’ joined the military after the birth of a child, they are being accused of intentional abandonment. Unfortunately, all of these factors (& others) are being used against our veterans and military personnel who are going through a divorce and seeking custody of, or just visitation with, their child or children.
Another tactic being used by attorneys is convincing court judges to award alimony and child support based solely on a totally disabled veteran’s disability compensation. This practice goes against established federal law which protects disability compensation from attachment in any legal process whatsoever. The disabled veteran is forced to give their VA disability compensation to their ex-spouse, or go to jail for contempt. Some civil court judges claim that they do not have to honor federal law in state divorce court.
Attorneys have even gone as far as to include wording in divorce settlements covering the possibility that a veteran might become disabled and might receive disability compensation in the future. If that occurs, those funds will then be used to increase their ex-spouse’s alimony award. In other words, before a disabled veteran even receives a disability rating or compensation, their ex-spouse has already been awarded a significant portion of this money.
Divorce attorneys routinely paint a distorted picture of our military personnel and disabled veterans. OFFE has documented multiple cases where disabled veterans have unconscionably had their hunting guns taken away during a divorce for no reason other than that the veteran had a PTSD rating. This action automatically depicts the veteran as dangerous, which is the opposing attorney’s objective.
Another abuse OFFE has documented is retired military personnel losing as much as half of their retirement to an ex-spouse to whom they were not married to during their military service. Although the ex-spouse contributed nothing to the veteran’s military career, they will receive military retirement moneys.
OFFE has also documented cases where the reason given for the divorce is because the veteran is disabled and the spouse does not wish to contribute to their care any longer. Then, adding insult to injury, the ex-spouse is awarded a large portion of the veteran’s disability compensation. Compensation the veteran receives for the same disabilities their former spouse used as an excuse for the divorce.
Some of our nation’s most deserving (our disabled veterans) are suffering great hardship at the hands of civil court judges who couldn’t care less how many Purple Hearts they have, or how many limbs they have left. Too often, the primary objective of divorce attorneys is to shake loose the federal money our veterans receive as compensation for their disabilities - so their client can pay them for their legal representation. Everyone in the court room has a vested interest in the veteran’s disability compensation.
Realizing every case is different; ask yourself a very simple question. Take the word “veteran” out of the divorce equation. Two individuals get a no-fault divorced. One is able bodied and capable of working, and one is severely disabled and unable to work. Which one do you think should receive alimony?
OFFE is currently monitoring 150 separate cases of veteran abuse in divorce courts nationwide. OFFE has devoted 10 years of research to these problems. To date, 9 of OFFE’s disabled veterans have been jailed for refusing to use their VA disability compensation to pay alimony and/or support. Suicide among our former and active duty military far exceeds the national average. Depending on the age range examined, veteran suicide rates are as much as 400% higher than that of the corresponding civilian population. OFFE is convinced that there is a direct link between divorce, homelessness and suicide among our veteran and active duty military population. Creating a situation where a parent is homeless or takes their own life is not in the best interest of any child.
As a nation, we ask our young men and women to serve in our military, and if necessary kill and destroy for our protection. Then, we stand quietly by as aspects of our legal system use their military service against them.
[Footnote] Finding an attorney to represent a veteran’s best interest in a divorce is extremely difficult, as most are not willing to go against the status quo. It is also very difficult to find case law which rules in the veteran’s favor. Two attorneys who deserve an honorable mention are; Frederick Stud Jones of Georgia, and Patricia Campbell of Ohio, both of whom recognize the problems facing our veterans in civil court. In addition, Cote v. Cote (2011 VT 92 No. 2010-057) heard by the Vermont Supreme Court in August 2011 demonstrates the proper way to treat veteran’s disability compensation in a divorce.
OFFE National Public Relations Director
State Civil Courts Conspire to Defraud American Taxpayers and Our Disabled Veterans
November 1, 2011
Do you pay Federal income taxes every year? Do you know where your tax dollars go? What if I told you the Federal tax dollars you pay which are earmarked for the NASA Space Program are being diverted to third parties not associated with NASA in any way? Would you be upset and concerned? Of course you would. No one likes to be lied to, and no one likes to be swindled out of their hard earned money.
Well, NASA is safe for now. However, a 9 year study conducted by Operation Firing For Effect, (the Veterans Advocacy Group), has documented hundreds of cases where just such diversions of Federal tax dollars have, and are taking place every day in civil courts around the entire nation.
When you pay your federal taxes every year the U.S. government earmarks billions of your dollars for veteran’s healthcare, veteran’s vocational rehabilitation, and veteran’s disability compensation. These programs and services are meant exclusively for our veterans and eligible dependents. Federal laws established after the Revolutionary War are suppose to protect these funds from being used for any purposes other than the care and welfare of our former military personnel. Operation Firing For Effect has documented evidence that severely disabled veterans are being forced to forfeit their awarded disability compensation to able bodied ineligible third parties or go to jail for contempt.
Veterans wounded and severely disabled in combat and in the line of duty receive disability compensation from the Department of Veterans Affairs. In a case where a combat disabled veteran is rated 100% totally and permanently disabled and unable to work, the veteran only has their disability compensation to survive on. They live on a fixed monthly annuity, and they have no other way to supplement their living funds with additional income. This disability compensation is awarded to the veteran and is supposed to be tax free. It is not considered as ‘income’ by the Department of Veterans Affairs, the Social Security Administration, the Internal Revenue Service, or the U.S. Federal Bankruptcy Court. Contrary to the Federal laws and the definition as prescribed by these Federal agencies, state divorce courts insist on considering veteran’s disability compensation as ‘income’ and therefore civil court judges illegally award alimony based solely on said disability compensation.
This mindset by civil court judges and family divorce attorneys has, and is causing great hardship among our disabled veterans. Our study has revealed that this practice by state civil courts has directly led to homelessness and suicide among a large number of our disabled defenders, and we have documentation which supports these findings.
When a severely disabled veteran is going through a divorce, a civil court judge doesn’t care if the veteran has no arms or legs, is in a wheelchair, or even bedridden. The only factor the judge considers is that the veteran receives a monthly check that the spouse does not receive, and the spouse is therefore entitle to a significant portion of that money. In many of the cases we are monitoring the reason given by the spouse for the divorce is because the veteran is disabled and not the same person the spouse married. Then, to add insult to injury, the judge awards alimony based solely on the disability compensation the veteran is receiving because of those same disabilities. Even when the veteran was not married at the time of their military service, civil court judges routinely award alimony based entirely on the veteran’s disability benefits anyway.
These alimony awards are not regulated and the amounts can be any portion of the veteran’s compensation. In most of the cases we are following the alimony amounts are extreme and leave the veteran with very little to even live on.
Every day in divorce courts nationwide a well-orchestrated production by judges, attorneys, and legal professionals is executed with precision. Their objectives are to shakedown our disabled heroes and access the Federal monies they receive. Many attorneys even refer to VA disability compensation as “Golden Money”. State Bar Associations and DFACS (Department of Family and Children Services) professionals are also directly involved in this conspiracy to defraud our disabled veterans and the American tax payer. This form of mistreatment routinely takes place in courtrooms nationwide every day. It doesn’t take a rocket scientist to see what is happening here. Divorce lawyers and civil court judges have found a “cash cow” in veterans’ disability benefits and they are milking it dry. This practice clearly is a miscarriage of justice.
When disabled combat veterans (female or male) fall on hard times lose their jobs and house, facing bankruptcy, experiencing failing health, emotionally distraught, and are going through a divorce, the feelings of hopelessness and helplessness can be overwhelming. When facing such hardships in life the one thing a disabled veteran should be able to count on are his or her military benefits – which in many cases they earned on the battlefield with their blood, sweat, and tears. It is at these low points in life when these disability benefits are needed the most and when they can help the most. To allow anyone the ability to arbitrarily, ambiguously, and illegally take these benefits from them is cruel and unjust.
United States Code, Title 38, section 5301 is very clear about the protection of veteran’s disability compensation, and reads as follows;
(a) Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
The Federal statute also states;
(3) (A) This paragraph is intended to clarify that, in any case where a beneficiary entitled to compensation, pension, or dependency and indemnity compensation enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive such benefit by payment of such compensation, pension, or dependency and indemnity compensation, as the case may be, except as provided in subparagraph (B), and including deposit into a joint account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited.
In other words, it could be a Federal crime for a U.S. disabled veteran to enter into a state court divorce settlement agreement in which the veteran’s benefits are to be diverted (paid) to a third party.
Divorce attorneys and civil court judges claim this Federal law doesn’t apply to divorce court, and that by state law they can take part, or all of a disabled veteran’s disability compensation if they so wish to. This is not what the Congressional writers and signers of the Federal law intended when they passed protection of veterans’ benefits legislation.
Now, you might ask; “Why would anyone want to do this to our disabled veterans?” The answer is simple, greed. When the judge awards alimony based solely on a veteran’s disability compensation, the first obligation the ex-spouse has is to pay their attorney. Then, the disabled veteran has to pay their own attorney. Both attorneys will collect several thousand dollars each, all of which will come from the veteran’s benefits. The judge will attach court cost to the settlement and the veteran will pay that amount also. In other words, everyone in the court room has a vested interest in the veteran’s disability compensation and they all will get a piece of that disability money. The disabled veteran is now without the funds to even appeal the ruling. (Another miscarriage of justice where the Veteran is the scapegoat)
To summarize, millions of your Federal tax dollars which you think are being used to care for our disabled veterans are being diverted to ineligible able bodied third parties in civil courts nationwide, and our veterans are suffering greatly because of this injustice.
Operation Firing For Effect is the only veterans’ service organization currently aggressively pursuing a solution to this problem. It is our hope that all national veteran service organizations will join us in this battle in the very near future. We depend on our men and women in uniform to protect and preserve our rights and freedoms, and they must be able to depend on us to protect and preserve their rights and benefits. We are asking Congress to do exactly that and take immediate action to enforce the Federal protection of veteran’s disability compensation as dictated by Federal code. We are currently in contact with several Congressional Representatives concerning this issue. If you are concerned about the way your tax dollars are being mishandled we urge you to contact your representative immediately.
To learn more about this issue, visit; WWW.AREA5301.NET
Also, you may view these videos;
OFFE National Public Relations Director
Veteran Court Conspiracy Exposed
December 14, 2011
Veterans around the country are being victimized by lawyers who prey on them, their families, and the American tax payers. Our military families have things bad enough, so much worse when one member is constantly deployed, but this story, this one goes so much further than that. You won’t believe what is going on.
It started in Las Vegas with one lawyer and then another one in North Carolina. Their details are below. We want you to note who they are and everything they have done to American vets and their families. One big issue, of course, is veteran’s disability compensation.
By law, traditionally, this money has been designated as not just untaxable but untouchable. This was Federal Law, this is Federal Law but that law is being rewritten, not officially, but illegally by local courts, not to help families or secure children but to enrich lawyers in illegal schemes that violate every ethical code imaginable. Why is no one doing anything about this?
A issue VFVC has been working on for over nine years is the lack of enforcement of the federal protection of veterans’ disability compensation in state civil courts as outlined in 38 USC, § 5301. VFVC volunteers have devoted thousands of hours and traveled tens of thousands of miles investigating the improper categorization of veteran’s disability compensation as “income” by civil court judges and family law attorneys in divorce settlements. According to VFVC National Chairman, Gene D. Simes, VFVC is now ready to release its findings to the American public.
VFVC’s nine year investigation has found that a small number of attorneys are directly responsible for the development of a majority of the “illegal” policies and legislation designed to strip retired military and disabled veterans of their retirement pay and disability compensation. In this writing, VFVC is revealing two of the main architects of the scam to steal federal tax dollars while simultaneously stripping our disabled veterans of their earned disability benefits.
The two most egregious offenders in this realm are Marshal Willick of Las Vegas, Nevada (practicing exclusively in domestic relations & family law, both trial and appellate) and Mark E. Sullivan of Raleigh, North Carolina .
Sullivan has limited his trial practice to family law since 1981 and has been certified by the North Carolina State Bar as a Family Law Specialist since 1989.Both Willick and Sullivan have published handbooks on how to “work the system” when it comes to military/veteran divorces, advising other attorneys how to maximize the amount of retirement and veteran benefits they can obtain for their non-veteran clients.
Marshal Willick wrote the first textbook, “Military Retirement Benefits in Divorce: A Lawyer’s Guide to Valuation and Distribution” for the American Bar Association in 1998. Additionally, he has written articles and taught continuing legal education (CLE) seminars on the subject for over 20 years.
Mark Sullivan’s book, “The Military Divorce Handbook”, was published in May 2006 by the American Bar Association. Willick and Sullivan have both testified before Congress on the subject, and are considered by many to be “experts” on the issue of military divorces. Both attorneys’ handbooks are available for sale on their respective web sites.
In 2007, Willick authored another handbook titles; “HITTING THE JACKPOT IN PENSION CASES: SECRETS TO GETTING THE RETIREMENT SHARE YOUR CLIENT DESERVES”.
Apparently, Willick considers going after a veteran’s retirement pay and disability compensation as some sort of gambling game of chance. In this publication Willick divulges what he refers to as “secrets” on how to drain every penny possible from a retired military veteran, including any disability compensation the veteran may be receiving.
In his 28,684 word, 52 page booklet, Willick never once mentions the federal laws specifically written to protect a disabled veteran’s disability compensation from slick attorneys such as himself. It is as though 38 USC, § 5301 never existed. How convenient.
Gene Simes says Willick and Sullivan have made millions of dollars by distorting the facts surrounding veterans’ military retirement pay, disability compensation, and Combat Related Special Compensation (CRSC). They do this by creating the illusion that all of these financial elements are exactly the same and therefore must be treated the same in a divorce. This position is far from the truth. Military retirement pay is administered by the Department of Defense, is taxable income and falls under the jurisdiction of Uniformed Services Former Spouse Protection Act (USFSPA), and is a can of worms all to its self.
However, veteran’s disability compensation is administered by the Department of Veterans Affairs and is tax exempt. By combining and addressing these very different programs as though they were one, Willick and Sullivan intentionally ignore the federal protection of veterans’ disability compensation, clearly codified nearly 200 years ago.
The following excerpt from the TWENTIETH CONGRESS (1828) support this argument.
CHAP. LIII – An Act for the relief of certain surviving officers and soldiers of the army of the revolution. [Approved May 15, 1828]Sec. 4. And be it further enacted, That the pay allowed by this act shall, under the direction of the Secretary Treasury, be paid to the officer or soldier entitled thereto, or to their authorized attorney, as such places and days as said secretary may direct; and that no foreign officer shall be entitled to said pay, nor shall any officer or soldier receive the same, until he furnish to said secretary satisfactory evidence that he is entitled to the same conformity to the provisions of this act; and the pay allowed by this act shall not, in any way, be transferable or liable to attachment, levy, or seizure, by any legal process whatever, but shall inure wholly to the personal benefit of the officer or soldier entitled to the same by this act. (Source: U.S. Congressional Record / Library of Congress)
The current federal law, United States Code, Title 38, section 5301 is very clear about the protection of veteran’s disability compensation, and reads as follows;
Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
Willick and Sullivan claim that this federal law carries absolutely no relevance in dividing veteran’s disability compensation in state divorce law. They point to a 1987 Supreme Court ruling in the case of Rose v. Rose to support their argument. By the end of this article you will understand why these two attorneys make this claim.
Simes says Willick and Sullivan are taking wording out of context in the Rose v. Rose case to bolster their bogus legal argument that disability compensation is not protected in any way. Simes points out that Rose v. Rose was a contempt of court case, not a veteran’s disability distribution case. The only two governmental entities with legal authority regarding who gets disability compensation, how much they get, and when they get it are the U.S. Congress and the Department of Veterans Affairs; not the Supreme Court.
Gene Simes also points out that Rose v. Rose involved a retired military person who had waived a portion of his retirement pay in order to receive disability compensation as allowed by federal law. To use the same equation to access the disability compensation of a veteran who is not retired is more often financially devastating, since in many cases the severely disabled veteran has nothing to survive on other than their disability compensation.
Attorney Marshal Willick claims that veterans are merely attempting to avoid paying alimony and child support by using an old outdated federal law. Simes says Willick is the one victimizing the veterans, their spouses, and children. Willick hides behind the spouse and child/children while arguing for a large alimony and child support settlement, then takes a large percentage of the award for himself. VFVC/OFFE has acquired a number of documents which illustrate how Willick exploits spouses and children of veterans to line his own pocket.
Among these documents are several contingency agreements signed by Willick which grant him 50% of all moneys awarded to his client in alimony and child support. In other words, half of all moneys awarded to a spouse for alimony and child support go directly into Willick’s pocket. VFVC members feel that such contingency agreements reek of ethics violations and are clearly a conflict of interest.
Willick and Sullivan are also experts in the use of military service against a veteran when awarding alimony, child support, child custody, and even child visitation. Veterans and active military personnel are losing custody, parental rights, and even visitation based on PTSD ratings and overseas deployments.The twisted logic behind these unjust court rulings is: a PTSD diagnosis implies emotional instability and unpredictable behavior; and an extended tour of duty overseas indicates a lack of contact and involvement in the development of one’s child or children. In fact, in some cases where a parent ‘voluntarily’ and ‘willingly’ joined the military after the birth of a child, they are being accused of intentional abandonment.
Unfortunately, all of these factors (& others) are being used against our veterans and military personnel who are going through a divorce and seeking custody of or just visitation with their child or children. Willick and Sullivan swing from one strategy to another depending on the case.
From veterans are dangerous individuals unfit to care for their children, to military service is no more dangerous than working on a construction site. In a recent email exchange between Willick and members of VFVC, Willick minimizes and degrades military service by claiming; “Zoo keepers “put their lives on the line,” as do construction workers, cops, fire-fighters, and a host of others. The sort of entitlement mentality exhibited by the military groups is not (usually) seen from any of those workers, and neither would or should be tolerated if it was tried.”
Belittling and trivializing the dangers associated with military service is a signature tactic used by Willick and attorneys who subscribe to his way of litigating.Willick goes on to claim; “The source of the disability is simply irrelevant to the distribution of benefits and burdens after such a disability. If there is disability income, it is the separate property of the individual receiving it, meant to compensate for future lost wages – but it is income. Sorting out who should get, and pay, what, among the individual facts of individual cases, is what divorce courts are for.”
Gene Simes takes issue with Willick’s ignorance and arrogance. State divorce courts are not authorized to distribute veteran’s disability benefits. The Department of Veterans Affairs, Internal Revenue Service, Social Security Administration, and U.S. Federal Bankruptcy Court do not define tax-exempt veterans’ disability compensation as “Income”. Marshal Willick is simply making this stuff up as he goes.
Another tactic Willick and Sullivan use to get legislators to subscribe to their distorted and perverted attacks on our veterans is political blackmail. Willick, Sullivan and other attorneys threaten to expose state and federal politicians and elected judges as “anti-child support” and “anti-alimony” if they do not agree to support their distorted interpretation of veteran’s benefits.Willick and Sullivan have advised elected officials that such a stance would be political suicide.
To date, this strategy has resulted in the defeat of attempts in several states to pass legislation which enforces the absolute protection of veterans’ disability compensation under any legal process whatsoever as intended by federal law. Apparently, most elected politicians are scared off by these threats and won’t stand up for the rights of our disabled veterans.Willick , Sullivan, and others have found a “cash cow” in military retirement and veterans’ disability benefits and they are milking it dry.Many attorneys refer to disability compensation checks as “Golden”, as they are guaranteed to be there on the first of every month.
In his seminars, Willick also teaches other attorneys the dirty trick of how to attach their client’s legal fees to the veteran’s court order. At some point in the divorce hearing Willick will submit a motion that his legal fees be attached to the divorce settlement court order. When the judge agrees, the disabled veteran is ordered to pay their ex-spouse’s attorney fees as well as their own. After the judge adds court costs to the ruling, the veteran’s disability compensation ends up in their ex-spouse’s pocket, their ex-spouse’s attorney’s pocket, their own attorney’s pocket, and the court’s pocket. Everyone in the courtroom has a vested interest in the veteran’s disability compensation.
Too often, the veteran is left with only a fraction of his/her disability compensation to live on, not even enough to hire another attorney and appeal the ruling. In most cases, not enough to even meet their own living expenses.
Willick and Sullivan have even gone as far as to include wording in divorce settlements covering the possibility that a veteran might become disabled and might receive disability compensation in the future. If that occurs, those funds will then be used to increase their ex-spouse’s alimony award.
In other words, before a veteran even receives a disability rating or compensation, their ex-spouse has already been awarded a significant portion of this money.According to Gene Simes, these two attorneys are coconspirators and both are directly responsible for infecting state family law legislation and state policies nationwide with their own brand of justice and greed.
They both use underhanded techniques and legal deception designed to illegally strip our veterans of their earned retirement, benefits, and entitlements. Simes says, Willick and Sullivan are directly responsible for the increased number of veterans who are homeless, emotionally distraught, and suicidal.
These attorneys have violated not only their Code of Conduct, but have dismissed federal laws which are protected under the U.S. Constitution.Simes says, Willick and Sullivan have made a couple of critical miscalculations in their operations. They assume veteran’s disability compensation funds belong only to the veteran, which is false.
These funds belong to the American tax payer and are designated exclusively for use by the individual wounded or injured in the line of duty. We are convinced that the tax payers of this country will be outraged when they discover self-serving attorneys are diverting federal tax dollars to ineligible, able body, non-military third parties, and into their own pockets.
Another mistake Willick, Sullivan, and other attorneys make is forcing (with the threat of jail) disabled veterans to sign a divorce settlement agreement in which their disability compensation is listed as a funding source for alimony and/or child support.
USC, Title 38, section 5301 reads as follows;
(3) (A)This paragraph is intended to clarify that, in any case where a beneficiary entitled to compensation, pension, or dependency and indemnity compensation enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive such benefit by payment of such compensation, pension, or dependency and indemnity compensation, as the case may be, except as provided in subparagraph(B), and including deposit into a joint account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited.
In other words, it is a Federal crime for a U.S. disabled veteran to enter into a state court divorce settlement agreement in which the veteran’s disability benefits are to be diverted (paid) to a third party.
There are a number of key coconspirators involved in the infestation of state civil courts nationwide, and VFVC plans to expose all of these individuals at the right time. VFVC has acquired a number of documents which reveal the conspiracy to violate the federal protection of veterans’ disability compensation, all of which cannot be displayed in this single article.
Gene Simes says, the battle lines have been drawn and he expects this issue to fester and burst wide open during the upcoming 2012 election year.
VFVC Inc. is considering a number of options to include filing Class Action Suits, filing formal complaints with the Nevada and North Carolina Bar Associations, filing formal complaints with the American Bar Association, and U.S. Department of Justice (RICO Division).
Simes adds that a coalition of veterans organizations is being organized and are preparing to publicly expose and confront everyone involved in this conspiracy to defraud our combat disabled veterans, their spouses, their children, and the American tax payer.
Gene Simes and the members of VFVC Inc. are demanding a full investigation and formal public Congressional hearing concerning the continued exploitation of veteran’s benefits in state civil courts nationwide on behalf of all of our nation’s former military personnel, their families, and the American tax payer.
Veterans For Veteran Connection, Inc. (VFVC) is a grassroots veteran’s advocacy group devoted to the improvement and protection of benefits, entitlements, and services provided to our country’s former military personnel and their families. VFVC is a registered non-profit bipartisan 501 (C)19 veterans service organization headquartered in Walworth, New York.Operation Firing For Effect (OFFE) is the operational arm of VFVC, Inc. designated to conduct lobbying efforts in Washington DC, as well as rallies and demonstrations promoting legislative and policy changes to ensure and protect veteran’s rights nationwide.
Some of the issues VFVC/OFFE have championed over the past 10 years are; mandatory full funding for veterans’ healthcare, preferential job placement for veterans, and several program concepts to address the nation’s increasing number of homeless veterans. VFVC Inc./OFFE also contributed to the development of the Department of Veterans Affairs national suicide hot line headquartered in Canandaigua, New York.
For more information, contact Gene Simes at; (315)986-7322
VFVC/OFFE National Public Relations Director
Veterans Rights Advocate
OFFE National Public Relations Director
AREA 5301 Founder & Pointman