By Dr. Leon Koziol
Parenting Rights Institute
On November 15, 2019, at 9 a.m., at the United States Courthouse in Albany, New York, a federal judge is scheduled to hear arguments regarding a precedent-seeking case entitled, Leon Koziol, Individually and as Natural Parent vs State of New York, Child Support Processing Center, Acting Family Judge Gerald Popeo, Support Magistrate Natalie Carraway, Chief Court Clerk Barbara Porta, Support Investigator Katie Lawrence, Custodial Parent Kelly Hawse-Koziol and Oneida County Sheriff Robert Maciol.
This case features inhumane retributions which I sustained as a model parent and attorney who blew the whistle on corruption in our divorce and family courts. That corruption is twofold: first the systemic bias among judges rewarded by the number and size of support orders they issue under a federal funding law known as Title IV-D of the Social Security Act, and second, a particular bias ranging from my pedophile custody judge removed from the bench (Bryan Hedges) to a racist, unethical and abusive judge censured by a judicial commission (Gerald Popeo, a defendant here).
It was filed on August 7, 2019 in New York Supreme Court after I was denied court transcripts and evidentiary subpoenas to show a major fraud during a support violation proceeding. My rights of due process, free speech and equal protection were violated incessantly after federal judges in upstate New York referred my complaints to state court over the years. In a shocking irony, the New York Attorney General (representing the state, judges and court clerk) then moved my case from state court back to federal court on August 29, 2019.
Nearly 40 trial level judges have been disqualified or removed from my originally uncontested divorce. Over a period of 12 years, my livelihood, reputation and parent-child relations were utterly destroyed through such concoctions as a “prohibited alcohol related gesture” (a wedding toast) and fabricated college degrees (PhD and Masters) to elevate my support obligations.
It has set new records for unmitigated corruption. For example, ethics lawyers engaged in the witch hunt against me have opposed my reinstatement to practice as long as I continue to blow the whistle. This has been ongoing for a record 10 years. The same lawyers were then allowed to resign without any criminal or ethics charges after being caught falsifying their time sheets.
As observers across the country have warned time and again, if they can do this to a model parent and unblemished attorney (for more than 23 years), imagine what they could do to the rest of us. A sort of Gestapo atmosphere is growing in our family courts to advance a trillion dollar industry. Anyone courageous or conscientious enough to stand in the way of this gold mine will be squashed, immediately or over time.
The greed and corruption are so rampant that I was subjected to a “shoot on site” threat arising from an unlawful support warrant one year ago. That warrant was issued by Defendant Judge Gerald Popeo who accepted an assignment to my support case six months after complaining of my supposed participation in a “witch hunt” that led to his public censure by a judicial commission. Defendant Sheriff Robert Maciol admitted during a radio program that this high alert warrant was unlawfully leaked to the media. Read more details by clicking on to the link below:
This is a watershed case seeking to declare excessive enforcement practices unconstitutional, to establish parental alienation as a constitutional violation, and to secure legal protection for judicial whistle blowers. Bradley Birkenfeld recovered $104 million in an IRS whistle blower case after serving a 30 month prison term in retaliation for his exposure of a Swiss Bank scandal involving billions of dollars in federal revenue losses. I am seeking to set precedent here for those parents sent to debtor prisons and punished for protecting their children. Over time, it could result in billions of dollars in federal tax savings.
Precedent cases in recent years have proven me correct in my long held positions while paving the way for justice to finally occur. These include unanimous Supreme Court decisions in Exxon Mobile v Saudi Industries, 544 US 280 (2005); Marshall v Marshall, 547 US 293 (2006), Sprint v Jacobs, 571 US 69 (2013) and Rippo v Baker, 580 US __ (2017)(per curiam). They are reversing a 50 year trend by lower federal judges of denying family court victims their rightful access to our federal courts whose paramount purpose is to preserve our most basic federal rights.
This year alone, in the case of Timbs v Indiana, 580 US ___ (2/20/19), the Supreme Court declared that excessive fines and asset confiscations violated the Eighth Amendment. Although applied in the criminal context, parallels can be made to the civil case abuses which lead to needless bankruptcies, parent-child separations and premature deaths. Throughout my highly isolated crusade, I have exposed excessive court orders which, like the seizures in Timbs, benefited the state and third parties more than they did the “best interests” of any parent, child or family.
Only weeks ago, a federal appeals court issued a “Precedential” decision in Surender Malhan v Secretary U.S. Department, et. al., 18-3373 (3rd Cir. September 18, 2019). Citing two of the cases listed above, the court reversed a lower federal ruling which had dismissed a father’s civil rights case seeking to curb excessive support enforcement practices. It rejected Rooker-Feldman and Younger Abstention practices which deferred federal claims to pending or completed proceedings in state court. The case was remanded back to the lower federal court. That means it is unlikely to reach the Supreme Court any time soon.
Court arguments will begin and conclude on my case in the morning of November 15, 2019 and are open to the public. It took a horrific sacrifice to make this happen for the benefit of court victims everywhere. Spread the word, attend the hearing, and donate to this site to cover our vast litigation costs. For more information, contact our PRI office at (315) 380-3420 or e-mail me personally at firstname.lastname@example.org.
Posted by Administrator
Leon Koziol.com and
Parenting Rights Institute
At 9:30 a.m. on Friday, September 6, 2019, an upstate New York city judge somehow assigned to the family court case involving a prominent civil rights attorney will issue an arrest warrant to incarcerate him on a fraudulent child support debt. It is expected to occur at the Oneida County Family Court in Utica, New York.
Civil Rights Advocate Leon Koziol has been exposing corruption in divorce and family courts for over ten years after a stellar career as a civil rights attorney. It led to the destruction of his professional career and father-daughter relationships in retaliation for his whistle blowing and court reform activity.
Among those abusing judicial office to execute on a concerted effort to discredit this principled crusader is Utica City Judge Gerald Popeo. He caused a warrant and “shoot-on-site” threat by a traffic cop last year. It resembled the police murder of Walter Scott in South Carolina on April 4, 2015, an African-American father shot dead five times in the back unarmed while fleeing a child support warrant.
As a result, Dr. Koziol filed a civil rights case against Popeo and his co-conspirators in New York Supreme Court on August 7, 2019. Popeo retaliated by ordering a sheriff deputy to serve a summons to appear for a child support hearing despite $35,500 in support payments never credited by the state support collection agency.
The goal here is simply to use child support as a pretext to punish Dr. Koziol with incarceration to avenge his supposed involvement in a judicial misconduct hearing against the same Judge Popeo. Here is the famous Footnote 1 of the New York Commission on Judicial Conduct decision of February 12, 2015 regarding Popeo’s shocking conduct while in a judicial robe:
It was alleged that after a court session had ended, respondent (Popeo) asked the lawyer, who is African-American, if the lawyer knew what black people from New York City call black people from upstate New York and when the lawyer responded in the negative , (Judge Popeo) replied, “Country Niggers.”
A hearing judge appointed to hear the evidence found that this did happen. However the Commission which did not hear the evidence decided that it was the only one of the many instances of serious misconduct which was too “50-50” to use against Popeo. He was represented by a white former state judge. The prosecuting attorney recommended removal but the Commission decided on a mere public censure.
You cannot change the spots on a leopard, and because Popeo was allowed to resume the bench as a repeat offender, he was assigned in bizarre fashion as “Acting Family Court Judge” on Dr. Koziol’s support and custody cases in February, 2018. He quickly denied all contact with Leon’s daughters and proceeded to orchestrate grounds for support incarceration in retaliation for that censure.
Leon responded with the state court civil rights lawsuit. Letitia James, New York’s first African-American Attorney General then became Gerald Popeo’s defense lawyer by operation of law. This now creates the unprecedented situation of a “New York City black” in Popeo’s category referring to “upstate blacks” as “country niggers.” At the time of Popeo’s racial slur, Letitia James was the Public Advocate of New York City.
In a highly unusual move, Ms. James filed a removal notice this week which immediately transferred Dr. Koziol’s civil rights case to federal court. The removal notice is reproduced here and provides the first major victory for aggrieved parents seeking to hold state judges accountable for constitutional and human rights violations in federal courts.
Such courts routinely dismiss domestic cases out of deference to state court “expertise.” Soon we will know whether this racist judge issues his arrest warrant and jail order against this model dad and parent rights advocate who sacrificed everything for his precious daughters and parental justice in these courts.
The removal places an automatic restraint on the state court proceedings until a federal judge can rule. But it is expected that this rogue, rude and racist judge will press forward regardless. You can keep up with Leon’s crusade by contacting him directly at (315) 796-4000.
Enough of the insanity! Let’s finally pull together and support Dr. Leon Koziol in this vital cause to protect parents legally residing in America.