angiEmedia

Fink vs. Charney

The recent web site and web advertising campaigns citing Los Angeles lawyer Keith Fink for various alleged misconducts, improprieties, and court sanctions appears to be part of an ongoing battle between Fink and American Apparel and its CEO Dov Charney. Fink has represented client Mary Nelson in a law suit against American Apparel alleging sexually harassing conduct by American Apparel and Dov Charney. The alleged harassment includes weird claims about how Charney conducted business meetings in the nude.
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Keith Fink, a lawyer in Los Angeles, apparently has a lot of people upset at him over his conduct. Somebody is so upset at him that they have started advertising using Google AdWords to attract attention to Fink’s alleged misconducts. Allegations include informing clients to perjure themselves, sham arbitrations, extortion, and malicious prosecution. Examples of reported court findings against Fink include a $7500 fine for fabricating evidence by instructing client Mary Nelson to lie about her income.

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If so, you’re in quite a bit of company. 86% of parents swear in front of children according to a recent poll of 3,000 kids aged 11 years. And they do it on average 6 times per week.

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Two Pennsylvania juvenile court judges are being prosecuted for corruption in a shocking scandal involving corruption, abuse of law, and what amounts to government-sponsored child abuse. Since December 2002, they allegedly sentenced children who were denied legal representation and fair trials to detention in private jails from which the judges received kickbacks.

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Child sexual abuse is a serious allegation, often destroying the lives of those accused even when they not convicted. The trauma of the investigation often damages the children, too. In the case of children who were not abused, the investigation can be far more abusive than anything that really did happen to them. Yet apparently the government of Santa Clara County behaves as if child sexual abuse allegations warrant hiding evidence to prevent a defense and possibly bullying children into getting the testimony the police and DA want for their cases.

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Biological parents are not likely to sexually abuse their own children. But in recent decades, there has been an epidemic of false sexual abuse claims against biological parents. This epidemic started in earnest along with changes in laws and policies to allow fathers to have partial or full custody of children after a divorce.

The false claims of sexual abuse may be made by either parent. However, they are more common coming from mothers trying any method they can to prevent the children’s fathers from having contact, custody, and/or visitation with the children. This is a despicable strategy related to parental alienation. It is also particularly effective because of societal taboos and the difficulty of proving innocence of a crime which according to the false accuser was seen by nobody but the alleged perpetrator and a small child (who may not even be able to talk!) and of which there is frequently no physical evidence because the false reports are made about false incidents which supposedly occurred weeks or months earlier.

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We’ve all heard of divorcing people who financially victimize the ex by draining bank accounts and maxing out credit cards. Another frequent tactic is the fraudulent restraining order complete with a kick-out order to remove the victim from the house. That allows community and personal property to be seized by the liar with little to no recourse for the victim. And that is frequently accompanied by financial orders for the victim to keep paying for the home in which he or she can’t live any more.

Recently, we heard of a new and innovative financial abuse tactic, the car loan. How this works is that a lying fraud-perpetrating divorcing party gets a car loan on a car that has already been fully paid and was awarded to the other party.

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Ron Lasorsa was a victim of a false restraining order. He fought the divorce system and founded the Kids Come First Coalition to help other fathers fight false restraining orders and false abuse allegations. He’s offering a free e-book, a blog, informative videos, and other information at his website Restraining Order 911.

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If you’re involved in a court case and seem to be getting shafted with injustice repeatedly, here are some things to watch out for in opposing counsel.  In high-conflict litigation, it appears to be more common for the plaintiff’s lawyer to be “ethically challenged”, although certainly not all are.  (It is certainly possible for the defendant’s attorney to be unethical, also.)  If you are represented by counsel, point out behaviors like those below to your attorney as you may be able to better recognize them with your one case (or few cases, for some unlucky folks) than an attorney who may be handling dozens of cases for dozens of clients at the same time.

If you are self-represented (Pro Se or Pro Per), you have to be particularly on the lookout for these behaviors and bring the judge’s attention to them if you are to have any chance of getting them to stop.

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PC Kidnappers
by K. L. Billingsley

originally published in Heterodoxy: Articles and Animadversions on Political Correctness and Other Follies, Volume 1, No. 8, January 1993

[click here to see original newsletter version]

On the morning of May 9, 1989, eight-year-old Alicia Wade awoke complaining of pain deep in her midsection. Her father, 37-year-old Navy enlisted man James Wade, and her mother Denise, took the girl to the NAVCARE facility in San Diego, where initially she either couldn’t or wouldn’t explain what happened. The doctor found that the child’s anal and vaginal regions had been torn in a sexual attack and would need to be surgically repaired. When informed of this, both parents showed great distress and began to weep uncontrollably. The NAVCARE doctor immediately called the local Child Protection Services.

CPS immediately suspected family involvement for two reasons: the rapist, they believed, had not removed the child from her room, and Alicia did not immediately complain of pain. The CPS worker interpreted the hours the Wades had spent at NAVCARE as a delay in reporting the crime, and thus an additional sign of guilt.

Though shaken by what had happened to their daughter and also by the hints of accusation they felt coming from authorities, the Wades cooperated fully in an interview with CPS. They could not hide the fact that they were overweight, which child welfare authorities often take as evidence of general neglect. They did not hide the fact that Denise Wade had been molested as a child and that James was a recovering alcoholic who twice blacked out while drinking in foreign ports. They did not know that they were waving “red flags” that further substantiated suspicions toward family involvement in the crime. They had no idea that authorities were already beginning to build a case against them and were taking particular aim at James Wade, who was a walking bull’s-eye because he was a white middle-aged male and a serviceman in addition to his other defects.

The Wades were more interested in the facts. During an evidentiary exam at the Center for Child Protection, their daughter Alicia calmly told the physician that a man came through the window, claimed to be her “uncle”, took her out in a green car and “hurt” her. They would have had a better notion of the ordeal ahead of them if they had known that on the space on the medical form for “chief complaint in the child’s own words”, the examining doctor ignored Alicia’s testimony and wrote only that the child showed “total denial”.

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