Multi-Millionaire Rucki claims pauper status in court

by Michael VolpeAug 29, 2016

 

There’s another twist in the contentious Rucki divorce and child custody case. Father David Rucki who’d said he was a millionaire on ABC’s 20/20, now claims indigence.

Lady Justice. (Image via Wikipedia)
Lady Justice. (Image via Wikipedia)

LAKEVILLE, Minnesota, August 29, 2016 – The high profile and contentious Rucki divorce and child custody case experienced another twist recently, when father David Rucki claimed indigence. This latest claim counters his previous assertions, which aired on ABC’s 20/20, that he is a multi-millionaire.

Rucki’s story was featured on the long running ABC show in April. During the show, host Elizabeth Vargas said Rucki made millions in trucking. The interview took place inside Rucki’s spacious suburban Minneapolis home and one shot had his son, Nico, watching a giant big screen television.

Rucki’s two daughters ran away from home in 2013 and remained missing until late 2015. His ex-wife was recently convicted of helping their daughters escape in a controversial trial where the judge forbade a great deal of evidence documenting Rucki’s long criminal history and history of domestic abuse.

While portraying himself as a wealthy man on “20/20,” he has presented himself as a pauper in need of public assistance in court.

“The Father receives child support services from Dakota County for the joint children pursuant to the Title IV D of the Social Security Act,” according to a recent decision by Judge Maria Pastoor in his child support case.

Title IV D is administered be the Department of Health and Human Services (HHS) and those receiving benefits must demonstrate financial need.

Rucki owns three homes and is a principle in multiple businesses.

Read more at http://www.commdiginews.com/business-2/multi-millionaire-rucki-claims-pauper-status-in-court-70070/#kh6oto7wk1Tm4CM7.99

Modern-Day Debtors’ Prisons

hand-in-jail-100186945

Image courtesy of tiverylucky at FreeDigitalPhotos.net

Too Poor to Make Bail? They’ll Cage You for That: Lawsuit Exposes Horrors of the US InJustice System

Grazzini-Rucki Child Support Hearing

Justice for Sandra Grazzini-Rucki and Children August 26, 2016

Grazzini-Rucki Child Support Hearing Raises Concerns of Fraud, Abuse of Discretion

lionmoney

An August 11th 2016 child support hearing in Dakota County regarding David Rucki and Sandra Grazzini-Rucki, played out with the antics of a circus side show, freakishly contorting law and issuing orders that defy justice.

The hearing was presided by Magistrate Maria K. Pastoor (a magistrate is appointed in cases where the obligee is receiving public assistance). Magistrate Pastoor issued a temporary order for child support and continued the case to hold an evidentiary hearing, just 5 days before Sandra’s sentencing on criminal charges, to determine child support. How can you issue a child support order days before a person may be sentenced to prison? According to Minnesota law, if the court determines that a person has no income and completely lacks the ability to earn income, then the minimum support does not apply and child support may not be ordered. Also, minimum support orders do not apply to an obligor who is incarcerated, unless they have income and assets to pay support. Sandra has neither income or assets. It is unprecedented that Magistrate Pastoor would issue a child support order under these circumstances. The amount of money and resources Dakota County has expended on pursuing Sandra for child support, has far exceeded any benefit it can hope to gain.

Another bizarre aspect of this child support case is the restrictions Magistrate Pastoor put on attorney, Michelle MacDonald, severely limiting her ability to access and review financial information about David Rucki. Ms. MacDonald has filed several discovery requests, and contempt motions against Rucki. Rucki continues to obstruct child support proceedings by refusing to comply with court orders and provide financial information. Another ploy Rucki uses is filing frivolous motions against Sandra, and waging false accusations without evidence to back up his outlandish claims. Dakota County refuses to hold him accountable, contempt orders are always dismissed.

Millionaire David Rucki now claims to be living in the lowest levels of poverty, and is receiving public assistance without ever proving a need for it.

One Sided Evidentiary Hearing

In order to establish child support the Court has to determine the income of BOTH parents. Under Minnesota law, both parents must file a financial affidavit, and disclose all sources of gross income for purposes of child support. Sandra has complied. David Rucki is refusing to cooperate and is actively hiding income and assets. Rucki is also refusing to comply with discovery requests. Dakota County is well aware that he has refused to provide information, but has done nothing to hold him accountable.

Now, Magistrate Pastoor has issued an order severely limiting the ability of Sandra’s attorney, Michelle MacDonald, to review and access financial information about Rucki.  Pastoor’s bizarre order states that Ms. MacDonald may view Rucki’s recent filing and tax return only under the watch of a sheriff’s deputy at the Dakota County Service Center. Ms. MacDonald can not have any electronics in her possession when viewing the information (is she going to be searched? patted down?). Ms. MacDonald is not allowed to have copies of the actual documents but can take handwritten notes (how does that comply with evidentiary standards?). She may only view the information at a time “acceptable to court administration”. There are ways to protect the confidentiality of parties but what Magistrate Pastoor is imposing is oppressive, and goes above and beyond standard court confidentiality policies.

A fair and impartial evidentiary hearing can not be one sided – each party should be treated the same by the Court, and each held to the same set of rules and practices. Let’s be clear – this is a child support case, NOT a national security issue. The order does not indicate any justification for such drastic measures. This is clearly an abuse of discretion.

Rucki: From Riches to Rags

Pic posted by David Rucki, Facebook April 2016, with a statement about missing daughters.

Without providing any proof of income or assets. millionaire David Rucki now claims he is desperately poor, that the children are starving and struggling, and he requires public assistance in order to survive. According to court records, “The Father (Rucki) receives child support services from Dakota County for the joint children pursuant to Title IV-D of the Social Security Act.” Rucki has also received assistance from the Wetterling Foundation in obtaining “reunification” therapy in California for his runaway teenage daughters, with a Disney vacation thrown in.

However, the court record also contains evidence that Rucki had substantial income, had ownership in several Minnesota businesses, owns or has possession of, multiple vehicles and has at least 3 real estate properties (two that have recently been remodeled). Even if Rucki refuses to comply with discovery, and even if Rucki refuses to provide the Court with documentation, his income could be imputed for child support purposes. When a Court, and for that matter Dakota County should also be considering this information for eligibility purposes, estimates a party’s income, it can consider a broad range of information – including lifestyle, ability to maintain current expenses, cash flow and other concrete resources (including vehicles). Also, a support order does not have to be based on income alone but can also consider resources, property and business interests.

According to public records, “impoverished” Rucki owns two separate homes in Minnesota, and an additional Disney vacation property in Florida. Rucki owns multiple vehicles, including classic cars. Rucki owns assets, trucks, and equipment related to his trucking business. In addition, Rucki is able to afford expensive legal counsel, and has retained at least two separate law firms to represent his interests.

dave-ruckicaddy

David Rucki driving his classic Cadillac – used to stalk and harass Sandra Grazzini-Rucki

Consider This:

A prior real estate listing boasts about Rucki’s home in Farmington – recently updated, cherry cabinets, tiled floors, 5 bedrooms and 3 baths, and a two car garage. The property also includes an impressive 65 x 45 heated “shed” that towers over the home. The “shed” includes heat, hot and cold water plumbing, and has an expensive trailer parked out in front. According to public tax statement records, the value of the property is listed at $222,000 with property taxes of $3,315 a year.

http://www.movoto.com/lakeville-mn/17549-flagstaff-ave-lakeville-mn-55024-651_4573184/

Rucki's property in Farmington

Rucki’s property in Farmington (movoto.com)

Rucki also owns a home in an upscale neighborhood in Lakeville – this home includes 5 bedrooms, 4 baths, recent updates, hickory floors and stainless appliances. Total lot size is 22,477 square feet. A recent photo of the home, taken by a satellite map, shows 3 vehicles parked in garage. According to property tax records, the current value of the home is $479,000 with $6,492 in propety taxes.

http://www.zillow.com/homedetails/19675-Ireland-Pl-Lakeville-MN-55044/1666608_zpid/

Rucki's Lakeville property (Zillow.com)

Rucki’s Lakeville property (Zillow.com)

A previous article on Red Herring Alert offers information and documentation alleging that Rucki was involved in mortgage fraud and title washing in a scheme involving the Lakeville home: MORTGAGE FRAUD? Ireland Place (Red Herring Alert)

Continue Reading:https://justice4grazziniruckifamily.wordpress.com/2016/08/26/grazzini-rucki-child-suport-august-2016/

Continued Corruption of Public Officials

Reporter Jailed for FOIA Regarding Judicial Misconduct by the Judge Being Investigated

Superior Court Judge Brenda Weaver

Superior Court Judge Brenda Weaver

Details are in the video.

Continue to The Common Sense Show Website: http://www.thecommonsenseshow.com/2016/08/22/reporter-jailed-for-foia-regarding-judicial-misconduct-by-the-judge-being-investigated/

Judging the Judges

Stop Judiging

Image by Stuart Miles @freedigitalphotos.net

Is Anybody Judging the Judges? The California Legislature Wants Answers

A joint committee of the California Legislature has authorized an audit of the Commission on Judicial Performance, the only entity that can discipline or remove a state judge.

A coalition of two dozen groups reflecting a wide range of interests, led by the Center for Judicial Excellence wrote letters, made calls and sent emails to urge the Joint Legislative Audit Committee (JLAC) to call for the audit.

“The Center for Public Integrity gave California an ‘F grade’ on its 2015 report card for judicial accountability, said Kathleen Russell, the executive director of the Center for Judicial Excellence in a press release.

Continue Reading: http://sandiegofreepress.org/2016/08/is-anybody-judging-the-judges-the-california-legislature-wants-answers/


Most audits in public sector governance are political and worthless. Even if they uncover deficiencies, abuse and fraud, change is usually not forthcoming.

Below is an article from 2013 that clearly demonstrates the ineffectiveness of audits in the public sector. The MN legislative auditor perforrmed 5 consecutive audits on the Dept. of Human Services and found several deficiencies, but guess what?  Despite the fact that error, abuse and fraud were identified, no changes have been made and DHS has not been sanctioned by the federal government.

Audit: Problems at Minn. Human Services Unresolved   

KSTP  | 7-11-13 | Stephen Tellier  “Sorry the Page You are Looking for Doesn’t Exist”

Fortunately, Red Herring Alert has obtained a copy of this article!

Audit: Problems at Minn. Human Services Unresolved   7-11-13 | Stephen Tellier 

A scathing audit released Thursday, July 11, finds systemic problems at the Minnesota Department of Human Services (DHS) that still haven’t been fixed — more than two years after a 5 EYEWITNESS NEWS investigation brought them to light.

DHS oversees about $9 billion in total Medicaid spending and another $1.4 billion in federal funds for welfare, child care assistance, as well as several other programs. Auditors say the state simply isn’t doing a good enough job keeping track of that taxpayer money.

And this is far from the first time they’ve come down hard on DHS.

“I believe that errors, abuse and fraud exist in this program,” said Cecile Ferkul, deputy legislative auditor with the Office of the Legislative Auditor, during our investigation in 2011.

More than two years later, Ferkul said little has changed. “It can be frustrating that they’re not getting resolved,” Ferkul said Thursday.  She oversaw the audit, which reads like a bureaucratic broken record.

Auditors found DHS is not making sure Minnesotans who receive welfare and child care assistance are eligible for those benefits – and that fraud can still go undetected. Auditors also say DHS has “significant, ongoing noncompliance” with federal requirements – a problem first identified in 2009 and now cited in five consecutive audits.

“When the state has a program that’s spending $9 billion, they have a responsibility to make sure it’s going to the right people,” Ferkul said.

DHS has admitted to the problems found. The department has promised to fix them after each audit, but hasn’t. The department told us no one was available for an on-camera interview, but responded with a statement from Deputy Commissioner Charles Johnson:

“The auditor’s report found we are largely in compliance with all requirements related to the federally-funded programs we administer. We agree with the audit’s conclusions about the areas that need improvement and are moving forward to ensure these issues are resolved. We are committed to running these programs in the most cost-effective way possible to best serve the people of Minnesota.”

Auditors say the department’s broken record is full of broken promises.

“They have now estimated that they’ll be able to resolve that finding by December of 2015 — still two and a 1/2 years out,” Ferkul said.

The audit also found that the state failed to request $139 million in Medicaid payments from the federal government. That money has since been recouped.

Despite the audit echoing previous problems, DHS has not been hit with sanctions by the federal government. But auditors say that is a possibility.


8/10/2016 Press Release: California Judicial Watchdog Faces First Audit in 56 Years (PDF)

Excerpt:“The audit request received support from the state’s powerful Service Employees International Union (SEIU California), the California Partnership to End Domestic Violence (CPEDV) and the Sacramento Chapter of the NAACP, along with more than a dozen court reform and child protection organizations. A number of audit supporters have been working to expose widespread corruption in the family court system that many say has created an epidemic of judicial trafficking of abused children away from their protective parents and into abusive homes during divorces and separations.


These groups continually ignore the money matters and help cover up, ignore, and derail the very important discussions on grants use and corporation fraud.

The Center for Judicial Excellence promotes the narrative that “the system is broken.” 

Read more about the “Broken Courts Crowd” from familycourtmatters.wordpress.com below:

Family Courts: Crippled, Incompetent and Corrupt — or just “Broken”?

In 2002, California NOW put out a report declaring that the family courts were “Crippled, Incompetent and Corrupt.”

Meanwhile, many coalitions of professionals, have popularized the phrase that they aren’t corrupt, they’re “broken.”

Which is it?  Because, that’s a good question and depending on the answer, a different response is called for.  I have cited both references below, and blogged both of them before.

Unfortunately, I don’t see any public platform where there would be an open debate, with an audience!

Our Courts are Corrupt v. Our Courts are Broken?

Instead, the different sides, Balkanized, put out their own materials, and own conferences.  Generally speaking the “our Courts are Broken” conferences are run by some of the would-be fixers, and this viewpoint has much more financial backing!

But — the question CAN be answered, and has. However, the answer is psychologically disturbing and very unpleasant, and to verify it, most people would have to take out some private time to read the record.  And that’s not what most people’s minds are tuned to these days.

Mine only is because I don’t like losing complete contact with my kids overnight, and thereby losing my ability to self-support, or a period of time in which to rebuild what was destroyed in the last boxing round, which court events when combined with family events, are.  I also didn’t like my children losing their right to child support when it was in serious arrears, or their contact with an ethical working mother.  The existence of the family law system parallel to a criminal law system is logical dilemma.

Is there a formula for when the identical behavior is considered criminal versus a family dispute, or is it a coin toss?  Does it depend on local politics, the money in one’s family, luck, or is there a strategic plan (as yet unexposed) which the public and the peopel running through the courts don’t know?

If no one cares to give me a reasonable explanation why these things are so in my state (other states) and this country — if this is business as usual, then either it has to change or I will seek a safer place to live out what remains of my life, if one exists Period. So, I look things up until things that fit with the facts and the record make themselves known, but I am always interested in validating or invalidating statements; are they reasonable or unreasonable, or ridiculous. If they are borderline ridiculous (the root word for “ridiculous” is Latin for “to laugh.”), then who is promoting these ridiculous viewpoints, and where’s the profit in them?

Now, the profit is not that hard to track — it’s objective. It takes work to track, but it can be found (even the LACK of incorporation, nonprofit 990 tax returns, etc. can be “found,” i.e., when the group says it’s a nonprofit, and the IRS says it’s not, and hasn’t been — that’s a found fact….)

RE:  “Our Broken Courts” —

Amazingly, even families (often mothers) who have been more than just “broken” by the allegedly broken courts — they are “broke” financially, devastated emotionally, and some are homeless, others have been killed, and many have no real contact with their own children. others may have contact, but are paying heavily (that’s paying a lot financially) to do so — they have been put in supervised visitation themselves!  yet, they continue to endorse, listen to, and socially etc. support others who are promoting the “broken” viewpoint.

But, they have taken up the phrase themselves, along with phrases calling themselves losers (“Mothers of Lost Children” being a phrase that calls for the emotion of desolation, but moreover, it associates “mothers” with the word “Losers.”  A better word would be “stolen” children….)   Other emotional adjectives, even if true, engrain the trauma into the group name:  “Battered Mothers’ Custody Conference,” focuses on the language of battering.   Etc.

I pulled this segment out of the middle of the last post, which was about the quality of the TAGGS database, and believe this topic is more than timely right now.  I also (obviously) expanded it.

The answer is surprising and informative.  By getting to it, I believe anyone will be better equipped as a citizen here, children or no children.  But, you must make up your mind where you stand sooner or later.  I am asking those that are NOT part of the expansive business empire of the courts to make that “sooner.”  Thanks for reading this post!

Continue Reading: https://familycourtmatters.wordpress.com/2012/10/01/family-courts-crippled-incompetent-and-corrupt-or-just-broken/

‘It’s time to tell the judiciary to go to hell’

WND EXCLUSIVE

Author reveals recipe for fixing federal courts without constitutional amendment

SupremeCourt2

Are you a conservative worried about losing the federal courts if Hillary Clinton is elected president?

Don’t waste your tears at this point, says Conservative Review senior editor Daniel Horowitz, the courts are already gone.

“This is like a wind-up toy: every four years, Republicans dangle in front of us, ‘Hey, you gotta vote for us, otherwise we’ll lose the courts,’” Horowitz said during a recent appearance on The Tom Roten Morning Show.

“I’m here to tell you we’ve lost the courts. They’re gone, gone, gone. We do need a Republican Congress and administration, but for the purposes of stripping the courts of that power, giving it back to Congress and the state legislatures.”

Horowitz pointed out things have gotten so bad conservatives couldn’t even get a simple voter ID law past the Fifth Circuit Court of Appeals, regarded as one of the least liberal circuits. Ten of the 15 judges on the Fifth Circuit were appointed by Republican presidents.

However, only four of the 13 circuit courts in the country currently have a majority of Republican appointees sitting on the bench.

Many conservatives believe all they need to do is elect a Republican president who will appoint conservative judges to the federal courts, but Horowitz noted it would take many consecutive years of Republican presidents hitting the mark on their judicial appointments to finally turn the courts in a more conservative direction.

By that point, it may be too late. Horowitz noted the courts have been moving quickly in recent years: they have mandated states fund Planned Parenthood, mangled state religious liberty laws, made transgender people a protected class, forced states to give birth certificates to illegal aliens and tossed out basic voter integrity law

Read more at http://www.wnd.com/2016/08/its-time-to-tell-the-judiciary-to-go-to hell/#zGv1HGBRPDpaPMiH.99

Jury Deliberations

Dakota Co. Courthouse

The jury started deliberations in the Sandra Grazzini-Rucki case at 1:00 pm today. No verdict reached. Will resume deliberations on Thursday, July 28th at 9:00 am.

At the beginning of this trial, a sign was posted on the courtroom door that stated:

In order to ensure a fair trial, the Court hereby issues the following ORDER:

1. All electronics devices must be powered off, or subject to confiscation for the length of the trial.
2. No audio or video recording of any form.
3. No person may wear clothing or accessories that are designed to influence the jury.
4. Any person who diisplays facial expressions or utters verbal outbursts that may influence the jury or witnesses will be removed from the courtroom.
5. Any person who violates this order will be removed from the courtroom and may be found in contempt of court and subject to the penalties therefor.
Signed by Judge Aspaugh

Okay, let’s recap some of the fairness that Dakota County has demonstrated in 19HA-CR-15-2669 State of Minnesota vs Sandra Grazzini-Rucki.

  • Illegal withholding of evidence.
  • Wrongful arrest and imprisonment by US Marshals based on fabricated charges by Lakeville PD.  Charges: Assaultive  Felony – Fugitive- Kidnap Minor

Osceola County Uniform Charging AffidavitRisk Asssessment

  • Unfair chance to present a defense: All criminal charges against David Rucki were ruled inadmissable by Judge Karen Aspaugh at the beginning of the trial. David Rucki-Judge Knutson-Criminal Defense Matters. Today, Dakota County Assistant Attorney Kathryn Keena objected 4 times throughout the closing arguments of the defense. When questioned regarding reason, she stated “never mind.” Numerous other disruptive behaviors noted during the closing arguments: Keena ripping paper, Dakota County Attorney James Backstrom shifting loudly in his seat (why is he even there?) and David Rucki leaving and returning to the courtroom. Sounds to me like they’re a little nervous,  so maybe the jury isn’t rigged after all?!
  • Collusion – where two persons enter into a deceitful agreement,usually secret, to defraud and/or gain an unfair advantage over a third party. David Rucki, Dakota Co. and media haven’t even pretended to maintain a discreet appearance in front of the public.

4bebc-brodkorb_rucki_love_elliot_donehower_19av-fa-11-1273_012616

It should also be noted that David Rucki was shaking hands with Dakota County Attorney James Backstrom in the court hallway today.  

  • Charge Stacking: The practice of charge stacking is a simple and terribly effective method for prosecutors looking to win cases. The technique entails finding as many possible criminal counts to “stack” against the defendant in order to strengthen the core case of the prosecution.This strategy is made wide open to prosecutors, because the main deterrent against stacking charges is the law of double jeopardy. Charge Stacking: Gambling with People’s Lives

UPDATE: Attached is the four-page amended criminal complaint against Sandra Grazzini-Rucki.  https://pbs.twimg.com/media/Cods3kKUsAI86TB.jpg

It’s always been the State’s position that the girls didn’t run away.” Kathryn Keena Assistant Dakota County Attorney (Stated at the May 12th Contested Omnibus Hearing ~ State of MN vs. Doug and Gina Dahlen). 

Don’t change that dial. We’ll have more tomorrow!