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Nevada Attorney – “Veterans Need Skinning”
By Jere Beery
Attorney at Law, Marshal Willick
In a December 5, 2011 mass email to several grassroots veteran’s organizations, Las Vegas Attorney, Marshal Willick declares anyone or organization that supports absolute protection of veteran’s disability compensation from being used in a divorce as “income” and divided with a former spouse are Wacko-Jobs.
In Willick’s eleven page “Legal Note”, he compares the dangers of military service to “zoo keepers” and “construction workers” saying the risk to their lives is just as dangerous as military service. Willick also claims that the waiver process of retirement pay for disability compensation is a “scheme” perpetrated by the veteran to avoid paying alimony. Willick’s legal note contains one degrading insult after another.
You may read Marshal Willick’s Legal Note at this link. It is suggested that readers read every word of the post.
http://www.anamericanpromise.org/legal/legalnote2.pdf
Willick’s legal note also contains a number of very degrading and belittling comments about the men and women who serve in our military. Willick labeled anyone who stands up for the protection of veteran’s disability compensation in a divorce settlement as ‘fringe militants nut jobs’, who hide behind ‘patriotism’ to avoid paying alimony and child support for self enrichment purposes. What Willick doesn’t say in his email is, he routinely has his clients sign a ‘contingency agreement’ in which he (Willick) gets 50% of all the moneys he wins. In other words, half of the money awarded to an ex-spouse, which is based solely on a combat disabled veteran’s disability compensation, go directly into Mr. Willick’s pocket, not to the ex-spouse, or the child/children.
To view two of Willick’s signed contingency agreements, visit these links;
According to Operation Firing For Effect (OFFE), National Director, Gene D. Simes, Marshal Willick has painted our military community with a very broad dirty brush. Absolute protection of veteran’s disability benefits is nothing new. Protection of veteran’s disability compensation has been lobbied for and promoted by some of our country’s largest veteran’s service organizations, to include the Disabled American Veterans (DAV), Paralyzed Veterans of America (PVA), and The Retired Officers Association (TROA). Simes says Willick may not have mentioned these organizations directly by name, but he has included them all based on their position concerning the protection of veteran’s disability compensation in a divorce settlement. All three of these well respected veteran’s organizations have supported absolute protection of veteran’s disability benefits in civil courts.
In 2007, the Disabled American Veterans (DAV) authored and unanimously passed a Resolution addressing the protection of veteran’s disability compensation in a divorce. The following is an excerpt from that resolution. <quote>”The courts show little understanding or appreciation for the principle that veterans’ entitlements are awarded solely to veterans because of their personal sacrifices, contributions in the defense of our Nation, or consequent personal suffering associated with service-connected disabilities and for that reason should not inure or vest to the benefit of others who have no natural right or valid legal interest in such benefits.” <unquote>
To view a copy of DAV Resolution #165, visit this link: www.anamericanpromise.org/legal/DAVR.pdf
The Paralyzed Veterans of America (PVA) have also weighed in on the subject with a formal statement, <quote>; “Various courts have shown no hesitation to force disabled veterans to surrender their disability compensation and sole source of sustenance to able-bodied former spouses as alimony awards, although divorced spouses are entitled to no veterans’ benefits under veterans’ law. The welfare of ex-spouses has never been a purpose for dispensing veterans’ benefits.”<unquote>
To view a copy of PVA Resolution, visit this link: www.anamericanpromise.org/legal/PVAR.pdf
On February 28, 1991, Colonel Chris Giaimo, USAF/Retired, Deputy Director of Legislative Affairs for The Retired Officers Association (TROA) addressed the Committee on Armed Services, House of Representatives concerning the passage of the Uniform Services Former Spouse Protection Act. The following is an excerpt from Colonel Giaimo’s testimony; <quote>“Disability pay is a form of personal compensation to the retired member. The former spouse is not the one who suffered the service connected disability. It was the military member, oftentimes as a result of combat, who incurred this disability. Implicit in the proposal to divide disability retired pay is the notion that the former spouse participated in combat or endured the conditions of service which resulted in the disability or illness. In our opinion this proposal is totally illogical. While I do not wish to sound theatrical, this proposal goes far beyond the scope of spousal support and strikes a devastating blow to the disabled veteran’s psyche.”<unquote>
Willick is an expert on blurring the lines between military retirement pay, disability compensation, alimony, and child support. Willick considers retirement pay and disability compensation as exactly the same money and should be treated as ‘income’ and awarded exactly the same way, 50/50. Simes says nothing could be farther from the truth. Military retirement pay is paid out by the Department of Defense and is taxable income. Veteran’s disability compensation is paid out by the Department of Veterans Affairs and is tax exempt compensation, not income. Any division or attachment of disability compensation is prohibited under US Code 38 section 5301, while military retirement is authorized under USC Title 10 section 1408, best known as the Uniformed Services Former Spouse’s Protection Act (USFSPA), which is another can of worms all together.
Marshal Willick is also a master at convincing the courts and his peers to agree with his misinterpretation of veteran’s benefits and retirement pay. His tactics are no different than an ambulance chaser, except in his practice of law he uses the sacrifices of wounded and injured veterans, which are demonstrated by his 50% contingency agreements. He exploits the hardships of vulnerable military spouses, children and the sacrifices of our returning service members. His motives are truly self-indulgent and he has absolutely no respect for the military and what it stands for. Willick uses the ‘poor spouse’ and ‘needy child’ tactic to get the highest award possible, and then helps himself to half of the awarded money. Gene Simes says Willick is nothing more than a common crook in a shark skin suit hiding his self-enrichment motives behind the ex-spouse and the veteran’s children to pad his own bank account. The tax payers of this country are going to be furious when they discover federal tax dollars they pay into the system for the care of our disabled veterans are in fact ending up in Willick’s pocket.
Operation Firing For Effect (OFFE), National Chairman, Gene D. Simes says Marshal Willick is not only ripping off our combat disabled veterans, he is stealing from the spouse and child as well. Both actions are a violation of USC, Title 38, section 5301, which clearly states; (a) (1) Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary. According to Marshal Willick, this federal law carries absolutely no weight in state divorce court.
At one point in Willick’s legal note, he states the ‘battle lines’ have been drawn. Gene Simes says Marshal Willick has never served in the military, or been in combat. Mr. Willick has no concept of the meaning of the words ‘battle lines’. The veterans of this country will decide when and where the battle lines will be drawn, not Attorney Marshal Willick.
[URGENT REQUEST] In the past week alone, no less than twelve formal complaints have been filed with the Nevada State Bar against Marshal Willick. After you read Willick’s legal note, we are asking everyone to file a complaint with NSB, here is the contact information;
State Bar of Nevada Office of Bar Counsel
9456 Double R Blvd. Suite B, Reno, NV 89521
TEL (775) 329-4100 FAX (775) 329-0522
Gene Simes and Operation Firing For Effect is currently organizing a coalition of veterans’ groups to address Mr. Willick’s continued attacks on our veterans. Remember; if you do nothing, you can expect nothing to change. For more information, contact Gene Simes at; (315)986-7322.
Related story links;
- State Civil Courts Conspire to Defraud American Taxpayers and Our Nation’s Disabled Veterans
- Your Military Service will be used Against You in a Divorce
- Veteran Court Conspiracy Exposed
Related Posts:
Short URL: http://www.veteranstoday.com/?p=179075
Posted by Jere Beery on Jan 16 2012, With 0 Reads, Filed under Editor, Vet News, Veterans Affairs. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.
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Thanks to Jere Beery in particlar and also to all who are active in supporting 5301 issues. Willick and ilk will lose eventually but only after they have further disabled us disabled veterans.
This clear violation, ethics standards, and disregard of Nevada law, by misrepresentation of contingent fee agreements’ damaged and involved the client appellent relationship as accomplice to misrepresentation. Damaging the court system as well as the civil rights of all parties involved.
Unreasonable and unconscionable manipulation of the law. Mr. Willick’s professional practice, the practice of circumventing Nevada law which is clearly spelled out in Nevada Rules of Professional Conduct . Rule 1.5, Which clearly states the lawyer’s fee shall be reasonable, and shall not enter into an arrangement for, any fee in a domestic relations matter, which is contingent upon the securing of a divorce or upon the amount of alimony or support.
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NEVADA RULES OF PROFESSIONAL CONDUCT
Rule 1.0. Terminology.
(d) “Fraud” or “fraudulent” denotes conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive.
Rule 1.1. Competence. A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
Rule 1.4. Communication.
(a) A lawyer shall:
(3) Keep the client reasonably informed about the status of the matter;
Rule 1.5. Fees.
(a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following:
(c) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law.
(1) Any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof;….
Rule 1.16. Declining or Terminating Representation.
(a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
(1) The representation will result in violation of the Rules of Professional Conduct or other law;
Rule 3.4. Fairness to Opposing Party and Counsel. A lawyer shall not:
(a) Unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;
Rule 8.4. Misconduct. It is professional misconduct for a lawyer to:
(c) Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) Engage in conduct that is prejudicial to the administration of justice;
Mr Willick is clearly a hot-shot lawyer. Perhaps his huge brain and clever skills could be used to sort out the Afghanistan conflict situation? He could be sent out alone (at night) with his brief case of law books and pointed in in the direction of the Taliban – in order to explain to them their unethical legal position in this war – and why THEY should be paying alimony to all their ex-wives. After all – like he says – there is no REAL danger involved in wandering around the Afghan desert, or any enemy territory, is there?
I would love to see what the Taliban’s response would be to this endearing individual. Having him skinned, probably.
This legal parasite has reminded me of a British comedian, who after his second divorce said: “Next time I am just going to buy a house – and sign it over to someone I really hate …….. at least that way I can save time and cut out the middle man”.
the state agencies have explained the way they get around alot of this is that as soon as your benefit is deposited into your account it becomes “liquid asset” at which point it is no longer a benefit payment thus avaiable for collections from agencies who normaly can not touch vet’s (benefit’s) They didn’t care if ended up in the street’s which has happened in the past, didn’t care if I didn’t have food to eat or travel expences to VA.I was pretty much told that “veterans” meant nothing anymore in fact alot of the public think we should not have any benefit to have served our country. I qualified and recieve NSC pension so I live only on a very modest income which I am very fortunate to have recieved and would really rather be working. State agencies will do everything possible to collect any debt’s owed from your pension, I had owed monies to the VA hospital in the past and with no warning they collected my whole pension check to recover debt. here’s the kicker, after finding out that I didn’t owe them the debt they thought I did they just said “sorry” and was told I could not recover monies collected by them (my loss) So I found out the hard way that Federal agencies can take and will take from ANY income at ANY time and don’t even have to inform you! I guess when I joined the military I really didn’t read the fine print!
I think it is sad that he feels this way about veterans. It was because of veterans like you and me that we live in a free country. The price for freedom wasn’t free, but was because soldiers were willing to lay down their lives for our country, and to protect our rights!
oh,and fire him
send his ass to the middle east and let him see how we as soldiers and vets protect his and all others like him!
I have faxed my ethics complaint to the Nevada Bar. I believe that Mr. Willick is a prime example of why the American people hold our judicial system in such contempt. There is almost nothing left of justice; just form over substance!
I may only be a recent Widow of a Vietnam Veteran that served 3 tours in Vietnam while people like you sat on their as (with an extra S) but my husband had a court order him to use his VA and SSD to pay his X-Wife that abandoned him 20 years before their divorce. But I will tell you one thing, Attorney’s like you should be the Very 1st ones put on the front line like my husband was in Vietnam. To say what you are saying about our Veterans like my deceased husband does NOT make you a big shot lawyer, it makes you a Liar, and a thief when it comes to our Veterans and it makes you one of the smallest people I have EVER in my life run across. Before you judge our Veterans why don’t you go put on a Army uniform and stand right in front of our men that are serving and have been getting blown up by landmines and then you can say you know how one of Our Greatest Men and Women feel. Until you do that, why don’t you go find a whole in the ground and barrie your head and leave our Veterans alone.
I’ve written to the bar. Please do not let them pass you off under a lawyer being able to publically speak freely. Fredom of speach does NOT protect someone from lying or the intentional missleading the court. Kevin Trudeau made millions missleading people in infomercials for natural cures. Just because you can be convincing doesn’t change a lie into something that is debatable. You can’t extend that to excuse immoral and unethical fee agreements. Even if you pretend everything he was saying was true, his fee system would still be concidered a scam on his clients. The fact that what he is promoting is a lie just makes his crimes 10 times worse.
I am so sick by the comments of this attorney in NV. He shows what is wrong with this country today. GREED!! This man has found a way to go into court and take moneys from the same people who preserve are Freedoms (VETERANS/SOLIDERS) for his own gain. He is in violation of federal law but he shows he does it for his own personal gain. This man wants the FREEDOMS given by living in this country but will piss on them that have served to protect those same freedoms. Again this is classic case of GREED. I wish he could go into combat once and then I think he would choose job of shoveling manure as a “”ZOO KEEPER”". I must also say that this is time for all veterans to come together and help fight this cause. STAND UP FOR YOUR BROTHERS weather you have been threw divorce or not. Together We Stand — Divided We Fall. We Were Brothers Then We Are brothers Know. Voice your opinions on this matter. And I want to THANKS those that are working so hard to FIGHT THIS INJUSTICE to are Veterans of yesterday and those serving today.
Calvin Murphy
Mr. Willick is clearly anti-military, anti-veteran, and anti-American. In addition, he is also a name calling coward directing his hatred towards the bravest of Americans—disabled combat veterans. I found some words from another Patriot, who Mr. Willick would obviously call a “Whack Job” They are:
“The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars were treated and appreciated by their nation.”
This Mr. Willick is a quote from George Washington. You should read about him, if you don’t know who he is.
Thank you for your comment, Peter. I invite you to visit http://WWW.AREA5301.NET and review the information and videos there. Some of us are working very hard to protect the benefits, entitlements, and services earned by our military personnel. You are very correct, our military and veterans are under attack from elements within our own country and government. It is our hopes that we can make a positive deference in the treatment of our men and women in uniform.
This mamma’s boy never served his country, maybe he was afraid to play with real men. Military service for him could have been dangerous. For sure in Vietnam he would have found someone to frag his sorry AS*&^. What a gutless person to take away the food out of disabled veterans’ mouths. Hanging is too good for him, embarrassment ought to do the trick. Like an old saying, “You can fool all the people some of the time, and some of the people all the time, but you cannot fool all the people all the time.” This man is a liar who takes advantages of military spouses by promising them fools gold.