Monthly Archives: July 2013

When words simply cannot describe an interaction…

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You know you’re either dealing with Atty SO from the ARDC OR GAL Miriam Solo.

See below exchange of faxes from the ARDC.  The words “toddler in need of a nap” come to my mind.

 

sykesblog-recent-faxes2andfr-SO-070913

yikes.  And this is how our government dollars get spent.

 

No wonder why the 2nd amendment has not yet been jettisoned.

 

joanne

 

Governor Quinn signs a new law to protect the elderly and disabled

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see

http://www.chron.com/news/article/Quinn-signs-new-law-to-protect-elderly-disabled-4641985.php

 

I don’t know when this activity will begin, but I know that a certain someone will be the first in line to take advantage of this law.

Probably more than a few of our posters on this blog.

If anyone has any experience with this new “team” of professionals to investigate elder abuse and financial exploitation, please submit it for posting here.

We ALL want to know about it.

JoAnne

Medicare Fraud may take them down.

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And for those of you that have the password, we can talk more privately about what is going on in probate.

okay to publish?

one of the things Gloria was trying to explain to the court was that she was NOT “getting CTs”  insurance information.

Rather, it was the other way around, as the court noted there were many, many strange “overpayments” of insurance.  Gloria was reporting CT for medicare fraud and THAT’S why she was contacting Blue Cross Blue Shield.

The judge just kept on telling CT to put “restrictions” in place so Gloria could not get Mary’s insurance information or “interfere” with that.  I’m surprised that she did not issue a gag order against Gloria to stop telling the insurance companies about CT’s fraud.  I will probably publish what i say with a password.

and yes, if we can’t get them for lack of jurisdiction, medicare fraud may assuredly take them all down. it’s one area the govt is allowing prosecution in, even against wired in miscreants.

One machine gobbles up another machine.

thanks

joanne

A Happy 4th of July, and remember why we celebrate it

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Approx. 237 years ago, our ancestors were under horrible oppression from the British as far off colonists used only to support a lavish bureaucratic lifestyle consisting of tea and crumpets in England.  Newpapers and the printed word were taxed heavily and scrutinized for any rebellious statements.  Rebels were summarily jailed and put to death.  No one doubted the crown, except under immense pain, penalty and fear of death.

In direct response to all of these problems, the land devolved into anarchy and a new nation was born, one which had a Constitution and a Bill of Rights ensuring free and open courts, a free and open society, a democracy.  Landed gentry titles of royalty were abolished, even to this day.

But for many today, they are stuck in the revolving doors of probate as they watch mothers and fathers and grandparents, and aunts and uncles have their rights stripped away, locked away in nursing homes, isolated and in danger of death and even murder.

So, for those of you that cannot see a cherished friend or relative today, my heart goes out to you, you have my deepest and most sincere sympathy.  And if you have been stripped of all your assets and are living in a GAL connected rooming house or boarding house, when you should be living in your own home with your trust fund that would have supported you more than adequately through your old age, until the end, my heart goes out to you too.  And for SOME of you, there are still the illegal actions of the probate court attys using social security for their fees, holding up checks, cashing them, but not turning them over to the disableds, my heart goes out to you.  And some of you are living in rooming houses and boarding houses and “retirement centers” where unscrupulous manages take your Link cards and use them for you because your social security “isn’t enough’ and they threaten you with eviction if your report it.  My heart goes out to you.

I am sorry, I am truly sorry.  The probate courts are supposed to be a place of refuge, and for many they are, but for a significant minority, they are a place for evil and underhandedness.

JoAnne

From Ken Ditkowsky today:

—-Original Message—–
From: kenneth ditkowsky
Sent: Jul 4, 2013 7:38 AM
To: NASGA , Tim NASGA , probate sharks , JoAnne Denison , Bill
Subject: three headed monster

Being off on the 4th of July gave me a moment to reflect.
The tie-ins of the ‘elder cleansing’ cottage industry are amazing.   The cottage industry is a part of the nursing home cabal’s predatory  franchise.
As part of an aggressive counter-attack I think that a strike at the mother of the ‘elder cleansing’ is called for.   The AG’s office was investigating some of the nursing home moguls and their subsidiary corporations.   Kaplan and Rothner were allegedly called before a grand jury in connection with the ‘transportation’ franchise and Esformes (Florida) was called in relation to the supplying of drugs to the facilities.   Vote fraud is usually given a pass – as the moguls make certain that the resident’s vote for the ‘right candidate’ and other crimes are usually hard to prosecute as the moguls have smart lawyers and plenty of money to keep them happy.
However – there is an Achilles heel!   The Obama administration is reported to have been diligent in getting law enforcement out in the field to detect medicare and Medicaid fraud.   If the investigators look in the right place they will find it.   I’ve previously made public the fact that there are three types of current used.  Cash, nursing home beds, and the sale of opportunities to participate in ‘elder cleansing’     This latter operation is rather inventive.   In the case of one favorite she had a retro-active birth!  (I hope I read the documents from the Florida AG correctly).   This allowed the miscreant to claim part of a decedent’s estate.   Appointment as a guardian ad litem can allow a miscreant to manage an estate and reduce the burden of a 1.5 million dollar estate to zero.   The miscreant was so successful and so efficient that in 3 years she was able to garner the gold in the victim’s teeth.
I intend to attach this head of the monster with a deposition later on this month.   I also intend to join with my new client as soon as possible to get into the operation her plan to address the ‘elder cleansing’ that attacks the senior citizens more directly.
While Citizen’s United protects my free speech from being impeded by the IARDC, it also allows the miscreant’s clout to receive a payday.   This is a problem.
Anyhow – enjoy the 4th.   I am not sorry that I interrupted it – look around you today when you wave the flag – if we do not get up off our GM’s and make our point very soon the flag in 2014 may have an entirely different meaning.
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

and another thought from KDD:

From: kenneth ditkowsky
Sent: Jul 4, 2013 7:43 AM
To: JoAnne Denison , NASGA , probate sharks , “janet_c_phelan@yahoo.com”
Cc: matt senator kirk , Eric Holder , states attorney
Subject: IARDC complaint concerning the actions of Adam Stern Happy 4th – address this perfidy now so that we may celebrate our freedom next year

In addition to Ms G’s statement that Adam Stern acted with discretion as he was appointed guardian ad litem for Gloria Sykes it should be noted 1) the statement is knowingly false, 2) it is defamatory of Gloria Sykes, and 3) as a senior attorney with the IARDC making decisions as to lawyer conduct Ms. G has given a pass to Mr. Stern on a ‘made up’ basis knowing the basis was totally inappropriate and false.
There is a pattern in this behavior that is very chilling.  For instance, in the report of the hearing board in my situation with absolutely no evidence taken from Mary Sykes’ two siblings or Gloria, the hearing panel drew conclusions as to their personal state of mind.   Knowing that for four years Mary Sykes has been wrongfully deprived of her liberty and property, rather than addressing the very serious civil rights and human rights violated committed by Stern, Farenga, and Schmiedel the IARDC choose to sweep it under the rug by falsely claiming that by their personal clairvoyance that the three persons entitled to actual notice had knowledge.   Following a pattern of distortion and prevarication (as set by the senior lawyer at the IARDC) the panel obfuscated not only the requirement of ‘clear and convincing’ evidence, but what everyone knows is reality.    This ends justifies the means or do not trouble me with the facts I’ve made up my mind is about as unprofessional in the extreme.   It is the very definition of ‘lack of ethics.’
The IARDC demonstrating by the filing of complaints against lawyers for speaking out is a clear statement that it does not recognize the Rule of Law as set down by the United States Supreme Court.  The IARDC in giving the miscreants a pass for their crimes against our society and in particularly those individuals who may be in need of assistance is a serious matter that our democracy has to address before we lose it!
My wife has summarized Ms. G’s letter in very simple terms:  three sentences – 3 major ethics violations!  Prevarication, attempts to intimidate lawyers, and cover-up of Adam Stern’s terrible conduct is not the equivalent of investigation.  Unfortunately Ms. G’s letter discloses ‘the culture of the agency!’
This is also the reason that we need an HONEST complete and comprehensive investigation of everything involved in the Sykes and related cases including the IARDC.   This is also the reason that my calling for an investigation is so distasteful and the reason that the young attorney who ‘cross examined me’ wanted repent for writing to the United States Attorney complaining of the human rights violations that have befallen Mary Sykes and Gloria Sykes in the Probate Court.   Such is also the reason that the IARDC and the miscreants are fighting an investigation.    (see the Farenga smoking gun letter requesting an IARDC complaint to be filed against Ms. Dension and myself because Probate Sharks on its blog joined our call for an investigation)
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

A new “smoking gun” letter from the ARDC no less.

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see below:

(to be posted later–a letter from Atty Guzman at the ARDC says Gloria doesn’t have a complaint because Adam Stern in her GAL!–top that one for the day, month or year, I challenge you)

From: JoAnne M Denison <jdenison@surfree.com>
To: kenneth ditkowsky <kenditkowsky@yahoo.com>
Sent: Wednesday, July 3, 2013 10:29 AM
Subject: Re: Fw: 2nd smoking gun

okay to publish?
—–Original Message—–
From: kenneth ditkowsky
Sent: Jul 3, 2013 5:59 AM
To: JoAnne Denison , NASGA , probate sharks , Michigan Advocacy Project , matt senator kirk , Eric Holder , states attorney , Chicago Tribune , SUNTIMES , “chicagotonight@wttw.com” , scott evans , Kathie Bakken , GLORIA SYKES , “IllinoisLawyerNow@isba.org” , “illinois.ardc@gmail.com” , “ildbambic@govabuse.org” , “tips@elderabuseexposed.com”
Subject: Fw: Attached Image

The temptation to treat this letter in a humorous manner is great as taken in context the absurdity is beyond belief.  Unfortunately, take a look at the letterhead!   This letter was written by a State agency that disciplines lawyers!  The State fund wasting entity has not only taken a firm stand against the Rule of Law as laid down by the Supreme Court of the United STates by bringing charges against both you and me for exercising our First Amendment Rights in complaining about ‘elder cleansing’ and in particular the concerted and allegedly unlawful conduct of persons that the IARDC calls ‘judicial officials’ in denying senior citizens of their liberty, property and human rights.
This ‘smoking gun’ letter is a ‘threat’ as great as any suicide bombing and as devastating as the events going on right now in Syria.   An attorney (paid by the State of Illinois) who knows or should know that Mr. Stern, Ms. Farenga, et al ignored the mandates of the Illinois Legislature that condition that grant of jurisdiction to impose guardianship on an individual codified at 755 ILCS 5/11a – 1 et seq. authored this letter.   The attorney is fully aware that the statutory mandates are not suggestions – they are jurisdictional; however, she could not care less!   Knowing that jurisdiction was not present in the Sykes case – this is another you can run but you cannot hide situations – tried to justify the ‘elder abuse’ ‘financial exploitation’ elder cleansing’ ‘deprivation of liberty, property and human rights’ as discretionary rights of attorney Stern.
Using the IARDC’s own logic used in my case to attempt to intimidate me and get me to cease and desist from investigating and exercising my First Amendment Rights it is very clear that the ‘appointment’ of Stern as Gloria Sykes’ guardian is at the very least a threat!    For all I know the letter attached might be accurate and Gloria Sykes having spoken out inarticulately is now deemed to be subject to coming under the control and domination of the ‘elder cleaners’ and she is about to have her liberty and property taken from her.
In the not to distant past the Soviet Union had a similar program – it was called Gulag!   The North Koreans practice such activities all the time.   This my friend is America!   Guess who came to dinner!!!!
The ‘smoking gun’ letter attached is a very serious matter and a threat to America and American principles.  You listed the outrageous that Mary Sykes endured!   Stern had his hot little hands in most of them, and the IARDC gives him a pass!   We need an HONEST investigation by an HONEST law enforcement agency!   The cancer exposed by the Sykes, Gore, Wyman, Tyler, and the hundreds of similar cases must be surgically removed before we wake up a Taliban existence.
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

Atty KDD on “the Final solution”

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From: kenneth ditkowsky <kenditkowsky@yahoo.com>
To: JoAnne Denison <jdenison@surfree.com>; “cfarenga@comcast.net” <cfarenga@comcast.net>
Sent: Tuesday, July 2, 2013 6:02 AM
Subject: THE FINAL SOLUTION!

Dear Ms. Farenga and Ms. Denison,
I heard that there was mention of the partition suit in the proceeding of June 25, 2013 before Judge Stuart in the Sykes case.
It was reported to me that Chase Bank made a concession of some sort and Mr. Schmiedel said that they were abandoning the partition suit.   If this is accurate,  why was it not recorded in the order.   Following through on my statement as what constitutes corruption, it was corruption to not record the dismissal of the partition lawsuit.   Indeed, it is corruption to  NOT turn over the proceeds of the Lumberman suit to Gloria Sykes.    It was and is corruption to alter, amend or otherwise tamper with the final order in Lumberman case.  Judge Connors in one of the first opinions that her name was associated with acknowledged that the only way to get to a final order was 735 ILCS 5/2 1401. It is corruption for the Sykes guardian ad litem to make a collateral attack on a vested final order.    You are fully aware that Gloria was the policy holder and Mary was not on the policy as an assured.  Such action on your part did not cover you with glory, nor did your attornment to ****”s use whatever clout that **** had with Chase to get them to refuse to accept payments and then file a foreclosure action.  (We would never had know about ****’s action except the it was bragged about in open court and picked up in a transcript.
Indeed, it is corruption to not address all the issues that are discussed and/or ruled on in a written order or to put words in the Court’s mouth.
There is a more sinister way of looking at the order entered on June 25, 2013 and for the moment it occurs that law enforcement had better examine the order in that regard.
If we follow the pattern of the Bush case and some of the other cases detailed, when the miscreants have under their control all the assets of the senior citizen’s estate that they can garner, the senior has a way of conveniently obtaining his/her final reward.   The final solution appears in these cases to be just too convenient!   Being a bit paranoid, Mary’s move to a nursing home in total isolation and separation is reasonably calculated to induce severe depression.    Gloria and Mary’s friends thwarted the scenario by appearing on the scene and jolting Mary back to her old feisty self.
The plan to bring about the final solution was thus interfered with; however – bingo – our friends are back in Court and the Procrustean order of June 25, 2013 was entered.   This order stated in part that visitation was barred except to those who could qualify for the written permission of the plenary guardian!
Indeed, Ms. Farenga – this is an example of corruption!!!!   755 ILCS 5/11a – 3 points out that guardianship is not a death sentence – it is part of parens patrie and the guardians function is assist the disabled person to do what the disabled person cannot do on her own.   Yes, Mary Sykes would not isolate, abuse, or give up her liberty or property on her own, but ‘elder cleansing’ is not (or at least until recently) been one of the goals of either elders or the society that they reside in.    If you need a symbol of corruption the order of June 25, 2013 is an Olympic event.
If law enforcement and our political leaders are serious about ‘serving an protecting’ we need a ‘wellness check’ of Mary Sykes on a daily basis and an HONEST complete and comprehensive investigation of the Mary Sykes affair instanter.   If of course Greylord 2 is in operation along with a ‘cover up’ and ‘elder cleansing’ we will allow more of the same.   No matter how you, Ms. Farenga, slice it and package it, everyone of these elder cleansing cases is replete with corruption and infamy.   If you have nothing to hide – join with us and call for law enforcement, the IARDC, the Judicial Inquiry Board, the Congress, and the media to do an HONEST complete and comprehensive investigation.
Ken Ditkowsky
I can answer the question as to why wasn’t the parcel then quit-claimed to Gloria, and GAL Adam Stern (“AS”) told Gloria that “he had to look at it further.”
I agree, the official decision was the parcel was not worth it.  It is in foreclosure, no one care about it, so why not quit claim it to Gloria.  Someday the money will all be gone.  Mary is being watched carefully for any signs or signals that she is being abused.  The Naperville police are carefully watching her due to “highly unusual activities” in the 09 P 4585 case.  When the money is gone and Mary is not dead, likely she will be returned to Gloria penniless and broke, just like all the other thousands of wards the states churn up and out every year–indigent elderly to live in the streets, beg food, eat at soup kitchens–all because the “probate team” wanted their estates for themselves.
Gloria should just get her house back, let her fix it up and when Carolyn is “done” with Mary’s money, Gloria will take care of her, just like before because the “wiring tax” never touches the indigent.
Go ahead, go through the probate files and see the cases of utter horror and shameless dipping into estates with people being thrown in to nursing homes, paid up homes and bank accounts depleted by the “cottage industry probate teams”, estates depleted, seniors left penniless and homeless or returned to relatives when they were “done with.”
Probate reform in Illinois must COME NOW.  The Sykes case is a poster child for the entire system.  Greed and evil abound in such as system, all to the detriment of those that cannot speak up for themselves.
You want to know what Mary said when I visited with her?  She asked if her house was okay (sorry, no mom, they sold it), did they sell Gloria’s too (no, but they want to).  Mary’s allegedly incompetent response, “well, it’s okay Gloria, you and I can just start all over and we’ll be fine  don’t worry. we have each other.”  She finally ask the question a few times, “where is the money from the house?”  (Carolyn has it.)  Will she let you (Gloria) and I buy a new home to live there together?  (No, mom).
It was always the same response from Mary “it’s okay Gloria, you and I will start all over.”  Why couldn’t you see me, Gloria (Carolyn would not let me, she’s mad at me).  Well, we’re together now.  But that should not happen (and she goes on and on with platitudes about forgive and forget, move on, let the miscreant be, etc.)
What an amazing woman–at 94 she knows more sage advice than I have heard from ANYONE in the “cottage industry” in all the 4 years of this probate case.  Her words put the miscreants to utter shame.
Mary is right, Gloria should petition to get her home back and she and Mary (when Mary is broke and penniless) can live there together.
I wrote to Atty Peter Schmeidel asking to visit Mary.  No response yet.  I will email again.
It’s very hard not to see her around Gloria, like Gloria did for 10+ years, but I pray they will just spend her money and be done with her soon.  Then we can all get her back.
Gloria will take care of her, just as she always has.
Joanne

Now for something Completely Different, the ARDC ignores defenses to defamation issues.

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As if anyone is surprised here.  Gloria’s stuff gets kicked for a technicality.  Wyman gets kicked on technicalities (despite the fact these cases involve jurisdiction) and the ARDC tells me it simply cannot figure out how the Illinois Citizens Participation Act applies to Lawyers!

Well, let’s take out a loan and buy the ARDC a clue. First of all, we have the Illinois and US constitutions. As if graft and corruption cannot figure out those 2 basic documents, one of which has functioned quite effectively for 225+ years, then we have a Federal Law, section 230 which says:

Section 230 of the Communications Decency Act of 1996 (a common name for Title V of the Telecommunications Act of 1996) is a landmark piece of Internet legislation in the United States, codified at 47 U.S.C. § 230. Section 230(c)(1) provides immunity from liability for providers and users of an “interactive computer service” who publish information provided by others:

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

Which gives complete immunity to blogs such as mine.

The ARDC says that will not apply to me.  Why?  Who or what is telling them that?  I want to know.  Apparently the ARDC is god-like in existence and functions in strange and mysterious ways.

Also the ARDC has hinted at the fact, I cannot claim the traditional affirmative defenses to my case, namely:  “fair reporting”, “litigation reporting”, “innocent construction” (which means that the most benign construction of any sentence or phrase must be used), and many other defenses developed under Illinois case law, nor can I used 43 USC 230 which is the internet immunity act which Congress and the US President thought was fair and fit to promulgate.  Further, the Illinois and US Constitution First Amendment and Article X will only be utilized in “sparing amounts” and probably don’t apply to me as a lawyer blogging on corruption.

Apparently lawyers cannot blog on corruption.  We cannot make the world a safer place.  We must choose between our law licenses and allowing the US to run amok and not in keeping with what the Framers wanted–freedom from tyranny.

The old enemy was the Red Coats which we shot on sight for their oppressive ways.

The new enemy is the bureaucracy and “rules” which do not follow the laws of the land for reasons which are a complete mystery.

Myself, Atty Ken Ditkowsky and Atty Amu Lanre are under attack for reporting corruption. Just as Daniel Ellsburg found a tough road, just as Julian Assange found a tough road, just as Eric Snowdon is finding that the world is a cold, cruel place, we suffer the same indignities.

But we will fight for YOUR rights to be free from oppression. When you get elderly, WE will be there, perhaps not as lawyers, but as bloggers and emailers to ensure that you will NOT be placed in a nursing home against your will, property liquidated to pay exhorbitant nursing home fees and then depleted and then you live on the streets, eating out of garbage cans, going to soup kitchens, living in SRO’s and boarding houses until the day you die.

We don’t want that for you. There are better ways.

And we will keep on talking and blogging and talking and blogging. We will tell the stories of those that have been there:  Sykes, Tyler, Gore, Bedin, Wyman, etc.

You are not fogotten.

Read the ARDC Motion to Dismiss my appeal to the Illinois Court of Appeals because the Illinois Citizen Participation Act (anti SLAPP) supposedly gives me no protection from blogging about corruption:

Sykesblog-MTD-SLAPP-app-LOJ

It’s short, just a few pages.

Now read my Response thereto–33 pages of US Supreme Court law and cases.

sykesblog-ardc-JMD-Resp2MTD4LOJ-final

Let’s see what the Illinois First District court of appeals does.  I know they are under heavy fire from a whole lot of interest groups to get rid of me and Ken and other bugs that need to be squashed.

Let’s see if there is any truth to the rumor that the US truly is home to the free and the brave.

Or has is the cottage industry so heavily entrenched over time and over decades and over “the machine” that there is no room for justice, for grandma and grandpa.

JoAnne