Possible FOIA Request Fraud , soon to be ex wife

[dajoker12]

I am a VA employee (VBA) and a Veteran. I logged onto VA gov to check out the status of a claim that I filed on Feb 10 of this year. To my surprise, I saw that there was a FOIA request on there that had an updated status as of Feb 26, but the claim date was Feb 4. I did not submit anything on that date and have not submitted anything other since around July of last year prior to my claim on Feb 10. I am very suspicious of this FOIA request. I am currently going through a divorce that has been pending for approximately 9 months. The spouse has played very dirty, but thus far, nothing has gone her way. She has made outrageous allegations,  i.e. that I am a wife-beater, physically beat both of my children, that I sexually our son, that her stepdaughter (my oldest daughter) sexually abuses our mutual daughter and that I am a serial killer. DCFS has already ruled against her. Most recently she attacked me in a restaurant parking lot during a custody exchange, and she was subsequently charged with a domestic battery. Prior to that, we had a parenting agreement drawn up in with the custody would essentially be 50%, which would basically have her getting very little child support with me covering all health and dental for the children, etc. It is my suspicion that she attacked me in an attempt to get me to attack her back, in which case with me being the male, I would obviously be the one that got arrested. She has tried to claim that I am a suicidal/homicidal Veteran etc. All of this, despite the fact that I have no criminal record whatsoever. It is my belief that she has attempted to secure a copy of my C-file via a FOIA request through fraudulent means. I do not think that she would know about this, nor how to do this. Her lawyer is notorious for playing very below the board, even to the point that all of the other lawyers seem to dislike him.  Thankfully, my lawyer is excellent, but he plays entirely above board. 

This coming Monday, I plan on contacting my VSO to ascertain what exactly initiated this FOIA request. If my suspicions are correct, I can only surmise that it will be documentation sent to the evidence intake center in Janesville, Wisconsin either via mail or fax. That in and of itself will be difficult to prove that it is my spouse and/or her lawyer even if there is an address that corresponds to either as they can readily state that it is me that sent in the documentation. This is clearly a felony as FOIA requests to the VA are for the claimant only, and seeing how I am neither deceased nor ruled mentally incompetent, I fail to see any grounds that my spouse would have to lay claim to having my C-file. That being said, what, if anything, would be the best way to approach this if in fact, it is my spouse and/or her lawyer to prove guilt? This is not the first time that my spouse has committed illegalities during the course of our divorce. She actually recording conversations in the courtroom {that we had (that wasn't even incriminating) while the judge was proceeding over other cases (the conversation was relatively quiet, and basically consisted of statements of "if you keep trying to deny visitation, it's just going to make things more contentious between the two of us".) In my state, secret recordings in the courtroom are a class 4 felony. Secret recordings of a judge/prosecutor in the course of their duties is a class three felony. She got away with it because it was not brought to the deputy's attention right away.  I could go on and on with the other illegalities that she has committed, but there honestly is no point.

Any help and/or suggestions would be greatly appreciated. 

 

 

Edited March 1, 2020 by dajoker12

[GBArmy]

I would have my VSO, who I believe has your POA, send a registered letter to Janesville stopping the FOIA request, stating that you didn't request it.Keep the receipt. Be extremely cautious and be sure you lawyer doesn't cut any corners in dealing with her. If it is as you said, she has some serious mental issues and you don't want to take any chances. If you can document any of these accusations she has made about you and your daughter, I would start to do so. Things probably are going to get worse, not better.

[broncovet]

Well, Im happy to see that my ex wife finally got remarried...sorry it happened to be you, because this was her Mode of Operations, so it had to be her of one of her sisters or friends or copycats.    I will tell you the secret of how I finally no longer have any issues with her.  0, zip, zilch nada, in a minute.  

My ex and I got into a "war" where each tried to do something still meaner than what was done to them.   If either of us persued this "one ounce more" this would have meant that one of us would have been killed by the other, because we mostly did every thing else mean in the book.  

Now, here it is.  How to fix it.  Its a secret and it works for everyone.  

Drum Rolll...............DDDDDDDDDDDDDDDD

FORGIVE HER, and really mean it.  Forgive her past, present and future wrongs.  Erase them.  Forgive her new hubby, forgive her lawyer, forgive her neighbors who helped concoct schemes against you.   

Otherwise you will harbor "toxic unforgiveness" in you and it will make you sick, and it will infect your entire family and even friends.    

You may need help to forgive.  I did.  I couldnt do it alone.  Not even close, I just hated more.  One day, I was praying the Lords prayer..which goes..."and forgive those who tresspass against us".   Whoops!!!!  I cant say that..I dont forgive!   

Correct.  And, since I was speaking to God, he responded......"Ok, now you know what to do, now do it."  

BUT I CANT!!!!!

Ok, now tell me, what is it you can not do with God's help??   

Silence...Well, I guess there is nothing I can not do as long as I know God is helping and wills what I do.  

Bingo.  Ask him for help.  

ONE HUNDRED percent of my hatred, anger, bitterness, rage...GONE!  But it gets better.  Way Better.  By following his way, you will receive his blessings.  And you followed because you couldnt do it alone and really there is no good alternative.  No medicine.  Not a new family or relationship.  Nothing else will heal you.  BUT, my new family and my new relationship bloomed.  I infected them with forgiveness, and I hope to infect you, too!  

Now the hard part.  You have forgiven.  You want her to forgive also.  She may or may not.  Dont go back just because she does not forgive you.   Forgive her regardless of how she responds.  She may choose to continue to hate for some time.  She has been hurt too, and she may do that.  She suffers also.  

Dont do anything mean to her ever again, even if she puts you in prison.  Speak highly of her.  Acknowledge YOUR part in this.  The hatred was not a two way street.  You did things to her, even if you dont know what they were.  Maybe she does not know, either.  Maybe, just maybe, its a lesson for you both.  

[Berta]

I do not believe  she or her lawyer would have the right to access your VA records.

National Archives is pretty clear about who can get the Military record records of veterans:

https://www.archives.gov/veterans/military-service-records

Your lawyer should know how to handle this- and maybe- if they have your POA,for any VA claims purposes, maybe the lawyer requested them him or herself. if you did not have a copy of them to share with your lawyer.