Florida DOR False Claim Garnishment Fraud of Title IV-D Social Security Retirement Triggers Whistleblower Claim: Foreclosure by Child Support, Homelessness of Low Income Disabled Senior.
Jurisdiction: – Meangful Interference wwith Property – Fourth Amendment, 28 U.S.C. 1738A Parental Kidnapping, F.S. 787 Interference, Concealment, F.R.C.P 60(b), Fraud: Per 42 §U.S.C. 666, 45 CFR §312.56, 45 C.F.R. §303.8 Means,
CitiMORTGAGE, INC. v. KRAETZNER, Dist. Court, Minnesota 2013,
“The Fourth Amendment provides that people shall be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause . . .” U.S. Const. Amend. IV. A Fourth Amendment seizure of property occurs when there has been a meaningful interference with a person’s possessory interests in that property. Robinette v. Jones,476 F.3d 585, 593 (8th Cir. 2007). “A Fourth Amendment violation occurs where a seizure is unreasonable under the circumstances.”
By Cyrus King
SARASOTA 2018 – Foreclosure auction of poverty-level low-income Sarasota single father – forced by the Florida DOR to live at 55% below the Federal poverty level, is forced into impending homelessness, lost his homestead Dec. 21, 2018 when Sarasota Judge Carroll Hunter forced the auction on the “rocket docket”, striking Respondent / Owner’s Motion for Evidentiary hearing to hear Fourth Amendment Fraud allegations.
The Florida Dept. of Revenue (DOR/CSE), Child Support Enforcement seizes $915.00 per month in garnishments for fraudulent child support arrears of a fraudulent $122,000 under the color of “child support arrears.”
Little known, often ignored requirements for Child Support Audit reviews [a legal “change of circumstance”] every 4 years pursuant 42 U.S.C. §666 (3 years by Florida F.S. §61.13) require modification within 180 days of the [deprecated] Audit Reviews pursuant to 45 C.F.R. §302.56 and 45 C.F.R. §303.8. Florida performed two deprecated Audit Reviews in August, 2006 and again May, 2013.
Parental Kidnapping Remains Unprosecuted
Parental Kidnapping in violation of 28 U.S.C. §1738A, occurred by mother Lizabeth Lynn Lotsey last known location Sarasota, Fl, after clandestine locations throughout Florida, Georgia, South Carolina, then went dark again in Florida until August, 2000, concealing the child’s location and hers as well with the help of her mother Judith Childs.
Original homes-state jurisdiction was established in San Mateo, county August, 1999; however, jurisdiction was hijacked by Lotsey complicit with The Twelfth Circuit of Florida without any decision required by Federal Courts due to the interstate Diversity Jurisdiction, undecided to this day.
Florida Twelfth Circuit’s Original child support order of $1024, was set without due process and without Florida personal jurisdiction, failed proper service of pleadings, since Respondent, child and Lotsey were residents of California, not Florida, was set in Dec, 2000.
The Sarasota Twelfth Circuit, without personal jurisdiction, set child support for $1024.00 per month. The Florida Dept. of Revenue complicit with Sarasota Twelfth Circuit, refuses to grant hearings to modify, refuses to modify and refuses administrative modification requirements as well throughout this 21 year nightmare debacle under the color of “Family Law”.
The following California Summons and Complaint Verifies Home-State California
Child Support Audit Reviews
FRAUDULENT SOCIAL SECURITY GARNISHMENT AS OF JAN, 2017
The garnishment against a single dad’s Social Security retirement of $914.00 out of $1505.00 Social Security, forces Respondent homelessness through homestead Foreclosure for a concocted, fraudulent arrears which the Florida DOR concedes in writing August, 2006 and May, 2013 , for a debt that he does not owe, through “meaningful interference of property”, “UNREASONABLE SEIZURE” pursuant to Fourth Amendment, CitiMORTGAGE, INC. v. KRAETZNER, Dist. Court, Minnesota 2013.
IT’S WORSE THAN THAT,
The Florida DOR, the Sarasota Twelfth circuit forces Respondent to live on 55% below the Federal poverty level, after the garnishment, remaining $467.00 to live on out of $1505.00 Social Security Retirement:
- The Respondent is forced to pay double for the Fraudulent arrears concocted by the Florida DOR: 1) is garnished $915.00 per month,
- Respondent loses Sarasota homestead, now faces impending homelessness on $467.00 per month,
- 3)violates Federal 42 U.S.C.§658a Title IV-D incentive payments – Fraud, Fraud-upon-the-court and Third-party Fraud by submitting inflated claims for excessive child support, then
- Defrauds the U.S. Taxpayer out of Title IV-D incentive payments.
We should ask at what point is this Fraud also embezzlement, conversion, Grand Larceny or RICO?
FEDERAL COURT US DISTRICT MISSOURI STRIKES DOWN NON-COMPLIANT LAW: SUPREMACY
U.S. District court in Missouri struck down Missouri child support laws, as Unconstitutional, violating Supremacy, when they failed to comply with Federal Laws and Regulations in 42 U.S.C. §666, 45 C.F.R. §302.56 and 45 C.F.R. §303.8, ackson v. Rapps, 746 F. Supp. 934 – Dist. Court, WD Missouri 1990. The same non-compliant property violations also trigger Fourth Amendment and Supremacy; hence, are unconstitutional.
STIGMA-PLUS DEFAMATION DAMAGES TO LIBERTY, PROPERTY – MORE THAN REPUTATION ALONE
Florida Perps stigma-plus defamation of the Respondent have destroyed more than Respondent’s formerly thriving Information Technologies career in California, Oregon and Washington, but rendered Respondent unemployabile in any employment, even self employment through the world-wide internet defamation alleging falsely criminal convictions that never occurred, PTSD also diagnosed with Intentional Infliction of Mental Distress and Legal abuse pursuant to DSM V medical definitions, see
Privacy violations are triggered in violation of Federal and State privacy laws, without rational basis or benefit to anyone; rather, more scorched-earth senseless damage. Many Respondents, especially Military Veterans, throughout the nation commit suicide, finding themselves with overwhelming legal and financial burdens far beyond their ability to navigate in the courts or manage financially, see Rehberg v. Paulk, 611 F. 3d 828 – Court of Appeals, 11th Circuit 2010.
NO SPECIFIC PARENTING PLAN OR HEARING IN THE TWENTY YEAR CASE HISTORY,
Federal and State support guidelines rely on Court Ordered Speciific parenting time to calculate specific guidelines specific support amounts, in other-words, if the Court ordered specific parenting time [pursuant to F.S. 12.995a] were set a 45% , then that parents share of child support would be calculated according to 45% according to guidelines. Florida DOR have committed Fraud upon the court by alleging they have no ability to modify these grossly non-compliant concocted example of crime: Florida has administrative authority to modify Support arrears in F.S. §409.2563, §409.2564 and S.B. 590. The lack of specific parenting time has injected high-conflict rancor beyond measure, as of 12-31-2018 the Respondent has no father-child contact since 2-12-2012.
PARENTAL ALIENATION FOURTEENTH AMENDMENT
Lotsey with complicit cronies, has engaged in geographic, psychological, pharmaceutical and toxic defamation in her hell-bent-for-election, food-for-flies agenda to destroy the Father-child relationship through Parental Alienation since he was a baby in California, see Troxell v. Granville, SCOTUS. She has lied to the child saying Adderall [an Amphetamine based pharmaceutical] is “medicine. The FDA says a “side effect” of Adderall is SUDDEN DEATH.
Further, Florida violates Federal law In re Crandall, 200 BR 243 – Bankr. Court, MD Florida 1995, Sykes v. Bank of America, 723 F.3d 399, Second Ckt by seizing non-disposable income necessary to meet basic expenses – Florida DOR Garnishment Fraud.
FOURTH AMENDMENT “MEANINGFUL INTERFERENCE OF PROPERTY”
Florida DOR Garnishment Fraud of the amount of $914 out of the total amount of $1409, forces the low income dad past the brink of homestead foreclosure, now impending homelessness. The dad submits irrefutable evidence in Support Audit Reviews August, 2006 and May 2013, showing the Florida Dept. of Revenue failed to perform the required downward modification in 2006 and 2013 as required in 45 C.F.R 312.56 and F.S. § 409.2564. Florida’s fraudulent, inflated concoction, failure now runs the impossible sum to approximately $122,000 an amount which the dad has no ability to pay, nor does comply with state and federal guidelines, Soloman v Solomon, 861 So. 2d 1218, Second DCA 2003.
Fourth Amendment Unreasonable seizure is triggered by meaningful interference with property ie, Fraudulent garnishment of the Respondent’s mortgage payment, forcing homelessness at 55% below the Federal poverty level, see CitiMORTGAGE, INC. v. KRAETZNER, Dist. Court, Minnesota 2013,
The Fourth Amendment provides that people shall be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause . . .” U.S. Const. Amend. IV. A Fourth Amendment seizure of property occurs when there has been a meaningful interference with a person’s possessory interests in that property. Robinette v. Jones,476 F.3d 585, 593 (8th Cir. 2007). “A Fourth Amendment violation occurs where a seizure is unreasonable under the circumstances.”
SUMMARY OF CRAPOLA Florida DOR Garnishment Fraud
The mother Lizabeth Lynn Lotsey, Sarasota, FL engaged in Parental Kidnapping 28 U.S.C. §1738A and Child concealment F.S. §787.03, violating home state jurisdiction of San Mateo, Ca case #F057928.
- Florida subsequently, improperly hijacked jurisdiction as well as engaged in back-door child trafficking of the dad’s child, Sarasota 12th Ckt case 2000-DR-0011981-CA.
- Lotsey perjured herself in the Florida UCCJA affidavit, saying “no other legal proceedings are pending in any other state.”
- Florida improperly took jurisdiction, then continues to enforce void judgements, failed to assign required specific visitation by court order, nor allowed any resemblance of an evidentiary hearing to properly comply with calculations of required child support guidelines, Wehunt v. Ledbetter, 875 F. 2d 1558 – Court of Appeals, 11th Circuit 1989.
- Florida has criminalized Parent Child contact and communication, destroying the Constitutionally protected Parental Rights, Troxel v. Granville, 530 US 57 – Supreme Court 2000.
- Florida’s non-feasant, malfeasant and mis-feasant fraudulent garnishment of $915.00 per month for a fraudulent $122,000 judgment triggers meaningful interference of property – Fourth Amendment violations in Citibank id. These facts are fully documented in Public Record: Sarasota, Fla 12th Ckt case 2000-DR-0011981-CA, Middle District Bankruptcy Court Tampa, FL case 8:16-BK-10195-CPM and 8:17-BK-01076 see exhibits in Objection to Claim 2-1. The voluminous series of conspiracies and legal abuse is too long to provide more detail; ie, you would be buried.
- Call to action: this is organized crime [RICO] under the color of family law / child support. The result is child trafficking under the color of family law. The oppressive nature triggers Veteran Suicide [22 per day] and suicide of WTP who are unable to navigate the heavy hand of these so called “family courts”. The scope is thousands of Florida residents and 24.5 million children who never see or hear from the other parent. See http://www.SaynotoPAS.com where Dr. Mario Jimenez M.D., an outstanding dad as an M.D. in good standing, has also endured the destruction of his family in Miami, FL, for simply praying with his children.
This [lethal] corruption in our family courts must end. This is the responsibility of not limited to the Dept. of Justice to investigate and prosecute this crime syndicate. You have facts and law describing this Apriori outrage. You can no longer un-know what you now know, saying you don’t know about the problem or the abuse millions of Veterans and children are pushed past the brink of suicide. Either you are a part of the solution or part of the problem.
Please contact us if this information is relevant, if we can cooperate or you are able to offer legal services.
Florida DOR Garnishment Fraud
Florida DOR Title IV-D Fraud Child Support False Claim of Social Security Income Forces Poverty