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End State and County “Trafficking Children” by “Kidnapping Kids for Cash” to get Federal Subsidies [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2025-03-27
Everyone is aware of trafficking women for sex.
However, few people know state Departments of Children and Family Services (DCFS) and county Children’s Protective Services (CPS) are “Trafficking Children” by “Kidnapping Kids for Cash” paid by federal subsidy programs for “Foster Care” and “Adoptions”.
Federal money is paid to states under 42 U.S. Code § 671 - State plan for foster care and adoption assistance. Such section states in relevant part:
“(a) Requisite features of State plan. In order for a State to be eligible for payments under this part, it shall have a plan approved by the Secretary which provides for foster care maintenance payments in accordance with section 672 of this title, adoption assistance in accordance with section 673 of this title,…” (Emphasis in original and added.)
Despite the Code’s regulations, states and counties adopted practices of criminally/and or unlawfully “Trafficking Children by Kidnapping Kids for Cash” paid by federal subsidy programs for “Foster Care” and “Adoptions” without: (1) disclosing the “trafficking and kidnapping”, and (2) without enforcing child kidnapping laws.
One of the most egregious examples occurred in 2000, when the State of Utah, through its DCFS and State Attorney General’s (AG) office, wrongfully kidnapped: (1) Lisa Bierly’s (Bierly) 7-year-old son instead of a 17-year-old teenager with the same first name and different last name; and (2) Bierly’s 2- year old daughter after informing Bierly her daughter was “marketable” (for adoption).
Each of the Bierly children was: (1) initially placed in “foster care”; and (2) subsequently “adopted out” to different people. Neither child was ever returned.
From the outset, the State of Utah knew it was perpetrating criminal acts. The DCFS agent called the house from which the 7-year-old was taken and admitted: “I think I took the wrong child.” Rather than return the child, the State doubled down and seized Bierly’s 2-year-old daughter because, as stated above, she was “marketable” (for adoption).
In court proceedings to remove Bierly’s parental rights, (which removal is legally necessary prior to adoption) the Utah AG’s Office: (1) did not inform the Court that both children were initially “Trafficed and Kidnapped,”; and (2) again “trafficked and kidnapped” after one judge ruled that they be returned.
After the court proceedings, Bierly, with the help of Daniel Newby of AccountabilityUtah.org, went to the Utah Legislature and obtained a rare Legislative Audit which determined that: (1) the actions of both the Utah DCFS and the AG’s office violated the law; and (2) the AG’s Office was guilty of interfering with DCFS, causing it to act illegally.
Building on the conclusions of the Legislative Audit, Newby submitted a malfeasance Accusation against then-AAG Paul Amann, documenting AAG Amann’s involvement in kidnapping the children and obstructing justice.
AAG Amann was subsequently terminated from the Utah AG’s Office. Former AAG Amann moved to Arizona and sued the Utah AG’s Office for “Unlawful Termination.”
Utah’s past and current AGs failed to file a criminal complaint against former AAG Amann for his unlawful activity in the Bierly case.
In 2024, Bierly filed a Notice of Claim (NOC) with the Utah AG’s Office. Under Utah’s NOC statute, the AG and Manager of the State of Utah Risk Management Department must jointly respond to the NOC within 60 days of service. The State of Utah is self-insured. Utah law requires its insurer to pay damages under a NOC.
Such response did not occur, causing Utah to waive its “Sovereign Immunity” defense in any litigation against it. Such litigation would only be “civil” and exclude the criminal charges mandated under 18 U.S.C. § 4 (the Federal Criminal Misprision of Felony statute).
Bierly stated: “The State of Utah destroyed my innocent family and put us all through a living hell. I can’t let this go. I have to fight back and demand accountability for the criminals who did this to us. This should never be allowed to happen to another family again.”
Until now, state/county-sponsored “child trafficking/kidnapping” criminal actions left the victims without a direct remedy for the criminal conduct.
Bierly requested Richard I. Fine, Doctor of Law and Ph.D. -Law, International Law (Dr. Fine) act as her Strategic Consultant and determine a solution relating to the facts of the two kidnappings, resulting in the adopting out of her children and the failure of anyone to find any remedy for her problem.
Dr. Fine resolved the dilemma and developed the solution using
18 U.S.C. § 4-Misprision of Felony in coordination with: (1) the treaties ratified by the United States and in force; (2) the United States Criminal Code; (3) other relevant United States laws; (4) the United States Constitution, Article VI, Clause 2 (the Supremacy Clause including all relevant there under: (a) treaties ratified by the United States and in force, (b) the United States Criminal Code; (c) other United States laws; and (5) the duty and obligation of all state executive officers, legislators and judicial officers to not violate their oath to uphold the United States Constitution (Cooper v. Aaron, 358 U.S. 1, 18 (1958)) in the war to end “Trafficking Children” by “Kidnapping Kids for Cash” paid by federal subsidy programs for “Foster Care” and “Adoptions”.
Dr. Fine stated:
“Using 18 U.S.C. § 4 appears to be the first use of Misprision of Felony in coordination with treaties, the U.S. Criminal Code, other U.S. laws and the oath of office taken by State executive officers, legislators and judicial officers to uphold the U.S. Constitution in the “war” to end State DCFS and County CPS “Trafficking and Kidnapping Children to Obtain Federal Monies”.
Dr. Fine continued:
“18 U.S.C. § 4 states in relevant part:
‘Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.’”. (Emphasis added.)
The Bierly Misprision of Felony Complaint requests indictments and/or a Criminal Information against each: (1) State of Utah, its CPS, and DCFS; (2) Utah AG’s Office, former AGs Sean Reyes, John Swallow, Mark Shurtleff, and Jan Graham; and former AAG Paul Amann; and (3) Utah’s Office of Risk Management, Director of Risk Management Rachel George Terry. The complaint, a cover letter, and other supporting documents were filed with Chief Judge Shelby of the U.S. District Court for Utah.
Chief Judge Shelby referred the package “to be filed with the prosecutors”. The package was immediately filed with Trina A. Higgins at the time, the U.S. Attorney for the District of Utah and recently confirmed U.S. Attorney General Pam Bondi.
Newby’s Malfeasance Accusation against then-AAG Amann was also a supporting document to both the Notice of Claim and the Misprision of Felony Complaint.
Newby stated: “The Bierly travesty provides a well-documented example of systemic corruption and state-sponsored child trafficking and kidnapping. Yet nothing was done to bring charges against any of the perpetrators until the recent filings of the Misprision of Felony Complaint developed by Dr. Fine in the “war” to end State DCFS and County CPS “Trafficking and Kidnapping Children to Obtain Federal Monies.”.
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