Emotional Trauma
1. Crimes of fraud are personal violations and often evoke the following emotions:
Self-doubt
Betrayal
Shock
Anger
Embarrassment
Disbelief
Blame
Loss of credibility
Fear
These emotions often cause victims to not disclose their victimization to others. Perpetrators of confidence crimes count on their victims being too traumatized and ashamed to report or tell others about the crime. Therefore, the first thing victims should do is tell someone about the crime committed upon them. If there is no one to confide in, keep a journal recording your experience. Even writing the experience down helps overcome some of the emotional trauma.
Do not keep the crime committed against you secret. Tell someone.
2. Perpetrators of confidence crimes do not depend on the intelligence, or lack thereof, of their victims. These crimes depend on stirring certain emotions and using them to the perpetrator's advantage.
Do not dwell on what you could have done to avoid the crime from taking place.
3. Often in confidence crimes, the perpetrators lead their victims to believe there is a
benefit in it for them. The fear that keeps many victims from reporting the crime committed upon them is that they will be portrayed as someone who is greedy or wanting something for nothing. Bankruptcy law is federal statutory law contained in Title 11 of the U.S. Code. It is to provide a fresh start or affordable payment plan for United States citizens who are in desperate financial straits. Do not be ashamed to exercise your right to benefit from federal statutory law.
Do not feel guilty for seeking your rights under federal law.
4. The use of threatening letters and telephone conversations from attorneys and
trustees is to give you images of the worst that can happen to you. In such communication, tone is used to give impressions and images. Remember, crimes of fraud attack your emotions. Often, the victim is innocent of what the trustee alleges. When you receive a letter signed by an officer of the United States government threatening you with legal action or imprisonment unless you submit to his demands, it's to give you the impression that he IS the United States government. Such tactics are used to devoid you of confidence in the judicial system. The confidence you placed in the law when filing for bankruptcy, is the confidence that some attorneys and bankruptcy trustees betray. Once that confidence is betrayed, anger and fear replaces it and causes the victim to become defensive.
Change your attitude from defense, to offense. You are a victim. Instead of accepting the emotion of guilt, or passing blame to whatever happened that lead to your filing of bankruptcy, expose the perpetrator's misuse of authority and confidence under color of official right.
5. Crimes of confidence generally take place over a period of time. Perpetrators use
extended time to their advantage. They often defend their criminal and/or unethical acts by alleging the victim did not complain until the trustee filed charges as part of his official duty. Other crimes of personal violations are committed under the same conditions, and defended with the same logic. For example, date rapists can use the defense that the victim did not complain during the holding of hands, or kiss on the cheek. Suggesting that the victim invited or encouraged criminal acts causes the victim to experience lost of credibility.
Don't play the perpetrators' game of being responsible for your victimization. If you are innocent, stick to declaring your innocence. Keep a journal of all conversations with your attorney and the trustee. Save all written documentation in a safe place. Write your questions and concerns down and submit them to your attorney. If your attorney does not respond, send him/her another note of reminder. This will help later if you file a complaint with the ARDC or another agency.
6. Perpetrators of confidence crime often use knowledge of their profession as a weapon
against their victims. Even in such professions as automobile mechanics, you will find
some that attempt to make customers feel stupid. You can know that your brakes are not
working properly, but the mechanic will hum and smile as you explain the problem, as though to disregard your assessment. THEN, they seek to humiliate you by giving you a lesson on brakes. In progressive confidence games, the perpetrator suggests in their lessons that your driving habits contribute to your car problems. Therefore, even if they fix the problem, it will be your fault if it happens again.
The same is true of some Chapter 7 trustees and attorneys colluding with them in perpetrating financial confidence crimes under color of official right. It's not enough for them to criticize any knowledge or questions you have concerning your rights and the law. They also attack your character. Such attacks include accusations of being "uncooperative," "unwilling," "evasive," "secretive." If they can divert your attention to defending your personal character, there is less chance that you will recognize their conspiratorial behavior.
Do not be distracted or deceived by ploys used to divert your attention from the actions of the perpetrators. Know your limitations, but don't be bound by them. Ask questions. Seek help. Speak up. Be more than a passive observer.
7. Become familiar with bankruptcy law. Bankruptcy law is known as Title 11 U.S.C. The United States Code is on the web at http://uscode.house.gov. If the trustee has filed a motion including citing of law, you can use the search engine on that site by entering the same Title, Section and subsection that he cites in his motion. Research takes time, but it is well worth it to understand what the trustee is alleging, and how your attorney plans to defend you.
Judge Manuel Barbosa has demonstrated using condescending words when victims come before him knowing something about the law. He will suggest that you retain legal counsel or change legal counsel if you feel the lawyer you have is not representing your interests. It has been reported to us that bankruptcy judges in other states demonstrate the same attitude. This is to discourage you. However, if bankruptcy law is written so that it requires interpretation, then no United States citizen is able to abide by it.
8. Betrayal of trust leads the victim into the mental state of feeling helpless. Once that
happens, it places the victim into a position to believe they have no choice other than to do whatever the perpetrators want, whether unlawful or not. Perpetrators of fraud crimes rely on your trust in them to talk about your personal life. Be aware that anything you tell them of a personal nature can be esteemed for how it can be used against you. When discussing your bankruptcy case with your attorney, keep the conversation to case issues. If you are asked questions of a personal nature that make you feel uncomfortable, ask why the attorney and/or trustee needs the information.
Do not assume that the perpetrators of fraud crimes have a sense of sympathy or conscious. Their motive and goal is to get money from you through any means possible. They often threaten to distort your personal information as a means of blackmailing you into silence and surrender.
9. Two emotions that perpetrators of fraud crime use to their advantage are anger and fear. Anger often causes victims to threaten back by warning the perpetrators of what they plan, or have done, to report the crime. This is actually giving information to the enemy on how you are fighting the war, and the ammunition you are using or plan on using. Perpetrators of fraud crime know how difficult it is to report the crime. Making them aware of your intents or actions in reporting the crime gives them opportunity to increase their activity upon you, thereby taking up more of your time and mental energy. It also gives them opportunity to prepare a defense.
During the Persian Gulf war, it was stated that winning the war quickly was due to cutting off the eyes and ears of the enemy. Do not let anger and fear overcome you so that you give it back to the perpetrators in an effort to stop them. Bringing them to justice is what will stop their crimes. Concentrate on that effort without letting them know what you are doing, or plan on doing, to report their crime(s)