CHAPTER 1
Invisible Hostages
The kidnapping of the soul
"I do not feel free or able to pursue happiness in my country."-Ken, LAS Victim and American citizen
Invisible Crimes – The Dilemma
Victims are created in two ways: by violence or by deceit. Either type ofassault immediately renders the victim hostage to the perpetrator(s). Victimsfeel as helpless as small children. Personal control becomes the issue. Adultautonomy is formed by a perception of trust. Psychologist Erik H. Erikson(1963) calls this feeling "basic trust." The child must sense this degree ofinvulnerability in order to grow. The long, hard battle to adulthood isaccomplished when one has the ability to take charge of one's own life(Bard, 1986). The belief that the world is manageable allows a sense ofpsychological relationship. It is like a kidnapping of the soul. Equilibriumis lost. Regardless of the individual's ability to accommodate stress, allvictims must work out of a hostage relationship with the offender.
Violent crime dominates the headlines and consumes most of the moneysthat are allocated for victim assistance, yet white-collar crimes are risingfaster than violent crime (Kropatkin, 1986; Kusic, 1989). It is naïve tobelieve that victims emerge from these assaults unscathed.
All professionals who respond to the crimes-lawyers, judges, police officers,IRS agents (who always show up at the end of the ordeal), the media, andhealth professionals-bear responsibility for the protection of the victims'mental and emotional health in the aftermath of crime. (The worst serialkiller receives millions of dollars to protect his rights, his health, and hiswell-being. The victim is just beginning to gain recognition of his needs.Still, survivors and victims too often fade into a neglected judicial oblivion.Unlike violent crime, deceptive assaults quietly wound that very sacred,inner place which is the essence of self. (Shown in Figure 1 are examplesof invisible crimes and betrayals). Although the attack is invisible, it is asbrutal as violent assault. Profound changes take place in the victim's life,yet they can go completely unnoticed. The victim becomes isolated. He orshe may rise everyday, go to work, come home, appear at family functions,and look relatively normal; however, it is as if layers of cellophane wraphave enveloped him in a numb cocoon.
Symptoms of the Hostage Stage
• Intrusive thoughts and nightmares seep in through the numbness.
• There is difficulty concentrating.
• Memories are painful; flashbacks are unrelenting.
• The victims will route themselves around reminders, and cringefrom people, songs, news stories, or events that trigger memoriesand intense distress.
• Ordinary activities require tremendous energy; the victim ismentally, emotionally, and physically exhausted.
• The victim now trusts no one.
• Not trusting has reached the point that it has begun to erode thequality of the victim's life.
• He or she feels off-balance.
• Creativity is blunted.
• Intensity of interest in the world around the victim is dulled.
• Tension/ anxiety/ depression cycle sets in; the victim may self-medicate with alcohol or drugs.
• Fear is the main motivator of life's decisions. The victim becomeshyperreactive, hypervigilant, and obsessive.
• Physical changes take place as stressors continue to pound away atthose victims who try to stand up for themselves.
• Physical symptoms will manifest in 85% of the victims. There issignificant evidence that fat in the diet, cigarette smoking, salt andlack of exercise have much less to do with coronary heart diseaseand other stress-related illnesses than do rage, anger, and frustration(McQuade, 1990).
When a Hostage Seeks Justice
Jeopardy becomes the theme of the victim's lifestyle when he/she then actsas a witness or litigant. The assault may be only a traumatic first step in aprotracted legal process. Typically, the victim remains an emotional hostagefor many years. Not only does the justice system move slowly, delays areused as strategy by attorneys to weaken their opposition economically andemotionally. Delays will cause further losses in the victim's life as pressure issustained on family life, work life, physical health, and the bank account. Allfacets of the victim's life are at risk and under attack during litigation.
Helplessness in the face of jeopardy is the formula for Post Traumatic StressDisorder. The citizen is never more jeopardized or helpless than when hisentire protective system is clearly functioning as a selfish taker instead ofa protector. How did majority opinion and need become disarmed withinour justice system?
An Evolution of Institutionalized Abuse of Power
The moral core which forms the foundation of American values is thelifeblood that sustains the victim's hope. Decency, our most cherished anddelicate human resource, hangs in the balance of the scales of justice. If thesystem exists for protection of the citizen and is supported by tax dollars,it is assumed to represent common decency. Other than a few rascals, weexpect to encounter professionals who sanction goodness as we perseverethrough the courts.
It is against this backdrop that judges, attorneys, regulators, and others,who elect to be solely self-serving, find their prey. Attorneys are reported toknowingly exhaust their client's resources and leave their clients vulnerable.They make "deals" to preserve their political status with their colleagues.Judges will find for the more rich and powerful in spite of evidence.These are the pathological elements that further betray victims. In suchcases, judges, lawyers and others entrusted with the justice system becomehost-toxic parasites. They draw on courts but do not protect the system,rendering the courts non-functional for the purpose that was created.Therefore the court is simply not there to help people resolve disputes,punish offenders of the law, and protect the citizens (Marston, 1990;Dershowitz, 1983; Haskell, 1998).
EEK & MEEK by Howie Schneider
Keen tells us that in the 1800's, a man's character was comprised ofcitizenship, duty, democracy, work, building, golden deeds, outdoor life,conquest, honor, reputation, morals, manners, and integrity. He lived forthe good of the community. Then came the industrial revolution, and the"self" has emerged beyond the community.
Warring entered the board room. Corporate giants, nonhuman entitieswho answer to stockholders based upon bottom line figures, go to courtagainst individuals. The hearing is expected to be fair and provide equality.It is the duty of the judge to provide such a forum. XYZ Corporationversus private citizen, John Brown, is nearly impossible to equalize. Johnis fortunate if he can afford one attorney. XYZ will send a team. Everydocument costs John significant dollars. XYZ's team is on salary. Johnmay have never contributed to a judge's campaign. XYZ contributes to alljudges' campaigns. John cares about the system, his children, justice, andhimself. XYZ's attorneys are out to be heroes for the corporation's bottom– line benefit at any price. Corporations were not created with a conscienceor concern for the mental health of the nation. Serving of self has becomeparamount. These emotional hostages ask, "Do attorneys intend to destroytheir country and to render all decent citizens mentally ill?" "Is it fairfor the IRS to attack a citizen and hold him responsible for a businesstransaction simply because he is the only one they can locate?" "Are thecourts only toys for the wealthy and tools by which the wealthy fleecethe population?" or, "Are we experiencing a second, invisible economicholocaust perpetrated on middle America and the poor?"
The methods used by the criminal and his defense attorney wouldsometimes cause us to believe that this is true.
Defy - Truth and procedure were defied
Deny - Facts and law were ignored
Delay - Time exceeded reason
Deplete - Expense exceeded reason
Destroy - Distortions replaced truth
Devastate - Money/beliefs/hope gone
Decay - System no longer useful to people
The disillusioned certainly have to wonder about the motives of thoseprofessionals who would lie, intimidate, and destroy as part of their"profession." Is it a warped rite of passage to economic manhood? SamKeen, Fire in the Belly (1991), writes, "Could it be that men are determinedto be greedy, aggressive, and brutish? Does excess testosterone condemn usto violence and early heart attacks?" He is questioning maleness. Yet it isfound that where females have entered the law and the boardroom, softer,gentler styles have not been the rule. Obviously, gender does not dictateabuses of power.
Rather than the intent to destroy the system as mentioned above, exceptfor a few unsavory instances, the matter seems more one of an evolution. Itis, however, a dangerous metamorphosis toward specialization in the abuseof power and sophisticated violence. The adversarial system supports lies,slander, distortion, and attack if it is in defense of a client. The acts aretoo destructive to ignore and too serious for victims to simply blame andcomplain about. Kensteen Olsen, founder of "Justice for All," believes thatthe adversarial system will one day be viewed as ridiculously as jousting istoday as a means of resolving disputes.
Profile of a Hostage
Let's look at the story of James. He is a young forty year old who fellvictim to a deceptive crime and entered that judicial oblivion. His darkeyes flashed with conviction as he told a story that was a quagmire of legalentanglement. He related it took him about 15 years to gain the propertiesthat became the booty of this crime.
The Story of James
(As shared by James and his wife)
James had worked seven days a week, put in long hours,and continually challenged himself by tackling tougherlevels of real estate from selling houses to sophisticatedcommercial aspects of the profession. He earned and savedwith whole-hearted commitment. Finally, he negotiatedand purchased, through long and arduous years ofpayments, three properties chosen to be his life's work.He had been a poor kid. This was proof of the Americandream, something important to James. He was energizedand joyous at that time.
The American dream was a major factor in James' survival.At his core he exudes the entrepreneurial spirit. He talkedfrom his heart of artistic creativity to abusive parents.Lots of kids were abused in those days. They called itstrict and no one interfered but, when his spirit and theiroppressiveness collided, life's hope was at risk.
It helped that he did well in school. It was there that thepromise was taught. The American dream reached into hislife and helped him resist the punitive, crushing rigidity ofhome. "You may create, reach out, and, thanks to brilliantmen of 200 years ago, your life is in your hands."
The dream provided the faith and hope that allowed himto move away from his parents at sixteen, work a varietyof jobs, all at the same time and pursue an education atthe University of Michigan. His ambitions were beingsatisfied, his neuroses and abuse-born shame soothed.He worked too hard, moved up the ladder, enduredtremendous discomfort, and was a true, tired Americanliving a dream. He tells that he hit the ground runningevery morning. After 20 years of such work, his net worthwas $3,000,000. His credit was impeccable. He was aresident of his community for 23 years and was wellrespected. He had some business clout. It was time toimplement the balance of his dream. The time was rightto build on the three properties, educate the childrenand retire comfortably. Then, he would turn to artisticendeavors.
He shared a drawing of his first project. It reflected hisaesthetic notions. It was a building that looked likedsmall buildings set together in a cozy pattern. There werevariations in roof lines that were tasteful and drew theinterest of a passerby. A sports lounge was placed beside arestaurant to generate immediate cash flow. It was obviousthat careful study produced this first solo project.
He obtained a loan from a local bank to build the projectand another loan, called a permanent loan, from an out-of-statelender who specialized in financing projects aftercompletion and after tenants began lease payments. Amajor local bank approved the loan. All sacrifices werediminished by the excitement of this moment. Althoughthe bare property looked like moonscape, this pieceof desert was to blossom. Beautifully structured andlandscaped, the property would provide services thatresponded to the market needs of the community.
James, being a responsible person, was happy to securethe loan with personal holdings because it was the first7-figure loan he had made on his own and, of course,he vowed to be responsible to and for this project. Heobtained expert legal advice and architectural work, andhad selected a federally regulated bank. The bank, bycontract, had the right to approve the contractor and thetenants. A licensed contractor was chosen and approved,and the project was begun.
The events that were to follow could have only been predicted by writersof cynical, sleazy, `B' movies. A trap had been set by the bank. It is asaga of the corporate wringing out of staple values that hold a culturetogether. James' story is the documentary of thousands of Americans whoare targeted by business and legal predators. These thousands of Americansare not stupid. They are not failures; however, they often feel like it.
James' case-study will be told in the context of LAS, his trek beyond rageand the steps to recovery. His hope is to share in a way that will help toreframe the invisible victim from the image of shame, pain, and impotence.Victims can be society's "smart bombs" in helping to identify wrongdoingand prevent its propagation.
James and Legal Abuse Syndrome
Outrage explodes. Beyond rage, however, is an implosion. Life's agendaturns inward into a survival cycle. Anger turns to rage; rage turns tooutrage. If assaults through neglect or abuse continue, the victim becomesone of the "walking wounded" who are beyond rage (Figure 2, Path toLAS).
Briefly James' assaults moved in this manner:
1. The contractor refused to follow proper codes in constructing thebuilding causing him to lose his license to build in the City. Hebehaved as if he were in control. The contractor embezzled by notpaying sub-contractors' cost.
2. James formally requested that the bank cooperate with him inreplacing the contractor. The bank refused.
3. James discovered that the banker and contractor had meet privately;with no explanation, the banker had issued a cashier's check for$100,000 to the contractor out of James' loan.
4. James added a contractor to complete the suites for tenants so hecould qualify for the permanent loan. This move would pay theconstruction loan off and get the unlawful actions of the localbank out of his life. The suites became ready for tenants.
