Monday, November 22, 2010

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National Archive On Child Welfare Fraud

There are very few attorneys knowledgeable in matters 1983 claims. Attorneys should not take cases which they are not qualified, accepting payment would qualify as fraudulent representation.
In such a case file a 1983 against a non-governmental agency because it is a quasi-governmental agency.  In this instance, you must show that there was a contractual arrangement where the agency is an extended arm of the state.  
Simply but, you just explain that the agency was licensed and funded by the state as a sub-recipient of federal funding.
Absolute immunity is 11th amendment.  If you can show under color of law malicious, wanton, malfeasance, intentional...you can have the state waive its right to any kind of immunity.  This is why you are to name the heads of the State departments in their individual and professional capacities just in case you are kicked out on the immunity issue.
Immunity does not cover individual capacities and even with identification, they are still liable.
I spoke with Beverly Tran she said, attorneys need to remain silent on matters of which they lack sophistication. Go to the

National Archive On Child Welfare Fraud.  There you may review actual complaints and case law.

Misrepresentation is a crime when there is a contract and money is exchanged.
A clients right to review documents prior to submission.
Mikhail Albuseiri submitted a brief that suppressed the fraud perjury breached the contract by taking a case he wasn't qualified to take, refused to communicate with the client and only submitted a Brief after receiving notice of case dismissal.

COA Oral Arguments Attorney Mikhail Albuseiri needed to remain silent on matters of which he lacked sophistication when offered the opportunity to speak with his client to clarify the facts he declined. The client was clearly misrepresented by an attorney that misrepresented to the client qualified to take her case. I would highly recommend if you are considering hiring this attorney don't.
Any questions please e mail dwins07@gmail.com.

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