The following is the second installment of this series, which recounts what many people who have not (yet) experienced our wonderful legal system will find totally unbelievable. It is a portion of a criminal complaint that I've tried to put in front of the special grand jury. The person I'm writing about in this particular segment, Kristin Tavia Mihelic, is an attorney for the Department of Injustice.
Deliberately Choosing to Be a Party to Fraud
Mihelic has repeatedly denied—or, at the very least, completely failed to investigate—the existence of rampant fraud and corruption related to the fraudulent Massachusetts court judgment underlying my chapter 7 filing, which is in itself a form of fraud for which she is solely responsible. I not only told her in several 341 meetings that the judgment entered against me in Rhode Island is fraudulent but also offered in an email on May 13, 2020, to provide plenty of irrefutable evidence. See attached proof on page 36. She has yet to accept that offer. Instead of fighting the fraud, she is fighting against me in order to perpetuate the fraud.
I called the Department of Injustice and the Federal Bureau of Iniquity for nearly thirty days straight sometime near the end of 2017 after previously filing (multiple times with these agencies) criminal complaints against the responsible individuals. What was the result? Nobody lifted a toxic finger to help. I also offered to provide a copy of one of the complaints to Mihelic, but, not surprisingly, she showed no interest in receiving it.
The courts have repeatedly ruled that a judgment obtained fraudulently by a “creditor” shall be void. The U.S. Supreme Court rightfully opined in Heiser v. Woodruff, 327 U.S. 726 (1946), “It is true that a bankruptcy court is also a court of equity…and may exercise equity powers in bankruptcy proceedings to set aside fraudulent claims, including a fraudulent judgment” (emphasis added).
Violations of California Business and Professions Code Section 6068
With regard to section (a) of this law, Mihelic has disregarded the Constitution by violating my right of due process under the Fifth Amendment. Additionally, Mihelic has exceeded the “look back” period—and sometimes by large amounts—in most of her discovery requests and in other facets of the case. See particularly the “within one year” language of 11 U.S. Code § 727(a)(2)(A), the law under which Mihelic filed her complaint, and attached proof on page 40. With regard to section (c) that she “maintain those actions, proceedings, or defenses only as appear to him or her legal or just,” she is pursuing her meritless case against me only to double down in order to protect her associates and conceal the true fraud and corruption in the matter. With regard to section (d), employing, “for the purpose of maintaining the causes confided to him or her, those means only as are consistent with truth,” she has failed miserably. If Mihelic is not a pathological liar, she certainly is nothing near truthful either. Her violation of section (g), that she not “encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest,” is perhaps the biggest of this particular law since her motives are corrupt.
Perjury is governed generally by 18 U.S. Code § 1621. Because responses during discovery are to be given “under oath” as dictated by Rule 33 of the Federal Rules of Civil Procedure and because she inadvertently revealed evidence proving that she had a particular communication with Attorney Smith but in her response to my request for production of documents denied having had the communication as discussed in number 10 in the Lies Told subsection above, she is guilty of this crime. See attached proof on pages 25 through 30. Since she also perjured herself as explained in number 20 in the same subsection, she has committed this crime at least twice in this one case. She is most probably also guilty of other crimes as is Adler.
Misprision of Felony
18 U.S. Code § 4 states, “Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.” Mihelic was made fully aware of felonious acts committed by others when I told her about them in several of the 341 meetings and in the email I sent on May 13, 2020. See attached proof on page 36. Since she has concealed such felonies, she has broken this criminal law.
Concealing and Covering up Records in Bankruptcy
18 U.S. Code § 1519 says in part, “Whoever knowingly...conceals, covers up...any document...with the intent to impede, obstruct, or influence the investigation or proper administration of any matter…or any case filed under title 11…” Mihelic has concealed or, at the very least, tried to conceal fraud and corruption by ignoring my related statements in the 341 meetings and also in the email I sent to her on May 13, 2020, indicating that I have more than enough documents that reveal the true fraud and corruption in the underlying matter in Massachusetts. See attached proof on page 36.
Fraud/Conspiracy to Commit Fraud
18 U.S. Code § 1001 specifically says in provisions one and three,
“any person who:
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years.”
Provision one was violated through the cover up of fraud in Massachusetts and the call Mihelic received from Michaud. Provision three was violated because she is knowingly using a fraudulent judgment as the basis for her case, because of the false answer(s) she gave in her response to my request for production of documents as previously stated, and because every single known document she has filed with the court has contained materially false, fictitious, or fraudulent statements. 18 U.S. Code § 1341 addresses “any scheme or artifice to defraud”—in which Mihelic has participated. 18 U.S. Code § 1349 concerns conspiracy to commit fraud. If she is involved with Adler, Michaud, or any others in perpetuating this whole charade, then she has violated this criminal law.
Concealment of Assets; False Oaths and Claims; Bribery
18 U.S. Code § 152 specifically says in provisions two and three,
“A person who—
(2) knowingly and fraudulently makes a false oath or account in or in relation to any case under title 11;
(3) knowingly and fraudulently makes a false declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, in or in relation to any case under title 11;
shall be fined under this title, imprisoned not more than 5 years, or both.”
These provisions were violated when Mihelic perjured herself, when she performed the acts proved in number 20 in the Lies Told subsection above, and at other times.
18 U.S. Code § 3057 specifically says in subsection (a),
“Any judge, receiver, or trustee having reasonable grounds for believing that any violation under chapter 9 of this title or other laws of the United States relating to insolvent debtors, receiverships or reorganization plans has been committed, or that an investigation should be had in connection therewith, shall report to the appropriate United States attorney all the facts and circumstances of the case, the names of the witnesses and the offense or offenses believed to have been committed. Where one of such officers has made such report, the others need not do so.”
This subsection was violated when Mihelic refused to investigate the underlying crimes that gave rise to the bankruptcy as explained throughout this complaint and specifically in numbers 10 and 13 in the Lies Told subsection above.