http://www.reuters.com/article/2014/04/25/us-usa-tech-warrants-idUSBREA3O24P20140425

It seems if you can access it from the US, and you are a US company, then you have to turn over documents requested.

I wonder if Google or Microsoft shipped incriminating documents to a foreign country, they would have to ship them back for discovery?

Who would pay for that?

In any case, you have to turn over any documents and things which refer or relate to issues in any pending cause of action or documents which may lead to the discovery of admissible evidence.  This is a fairly broad standard and it would seem the New York judge is right about the reach of US discovery.

And I am still hearing reports that this is going on in Illinois, and in Chicago.  Nurses complain to me patients are shuttled back and forth from nursing home to hospital and they are malnourished and dehydrated and no one does anything and the nurses don’t dare complain.

http://failedmessiah.typepad.com/failed_messiahcom/2010/04/orthodox-nursing-home-baron-linked-to-horrific-scam-that-used-frail-sick-elderly-as-commodities-789.html

It is interesting because the attorney for Esformes wrote me some time ago protesting that Ken said that the Esformes were under investigation.  According to this wire service article he has some serious issues.  Scroll to the bottom of the article and you will see even more new wire service articles on Esformes.

I don’t believe that I received this from the ARDC during my discovery, but it is a very important letter-  it rises to the level of Smoking Gun II.  I believe the ARDC should have produced it to me in my discovery because it mentions Ken’s behavior and emails which were frequently featured on this blog.)

During Ken’s trial I could not for the life of me figure out why the ARDC was going on and on with Ken’s letters to the authorities prompt Gloria into action (little do these people know Gloria, she is an investigative reporter and once she sees an injustice, whether it is the horrific crimes of John Wayne Gayce and the subsequent cover up by the CPS or it is freeing her mother from “guardianship purgatory”, that is where a senior is railroaded into a guardianship and the only way out 99% of the time is death, she is like a pit bull and never, ever gives up.  But, she writes her own legal papers or she works with Tim and other lawyers to do so.  Like a good reporter, she does not reveal her sources.

So what does Cynthia Farenga, a favored attorney, make up to the IARDC?  The following letter:

https://drive.google.com/file/d/0B6FbJzwtHocwaFBHT0ZkWkMtN1E/edit?usp=sharing

In this letter she assumes “[i]t is clear form a multiplicity of pleadings that he is defacto represeting Gloria Sykes, a party at the trial level, despite the fact that he was denied leave to represent her in the Probat Court because, because (sic) he previously represented her mother Mary Sykes for a period of ten years.  Gloria and her mother Mary currently have adverse finanacial interests to one another, which is why he was denied leave to represent Gloria in Mary’s guardianship case.”  This statement is clearly wrong on sooooo many levels.

First, one does not “imagine” a “defacto” representation.  Ken has the right to talk to anyone he wishes.  Second, no one, after investigating over a dozen people, the court records and numerous trancripts, has ever proved Mary was served 14 days in advance of her hearing, nor were the two elderly sisters served, leaving the 09 P 4585 case without jurisidiction.  Next, CF imagines there is a conflict between Gloria and Mary and their interests are adverse financial ones.  Let’s take a look at what actually happened.  Jay Dolgin said that he wanted out because they were railroading Mary (he asked for discovery and was denied flat out), and he stated, mark my words, CT will put Mary in a nursing home and they will sell her home and take her accounts and property and it will all go to nursing home fees and attorneys fees and she will be left with nothing, and Gloria will be homeless and penniless and he wanted nothing part of that.

What has happened?  Mary’s house was sold.  CT sports an obvious upgrade in hair and spa and expensive jewelry–seen clearly across the courtroom.  Daughter has college and a lavish wedding paid for.  AS has a $60k tax lien.  AS and CF now have expensive homes with jumbo mortgages.  What has happened to Gloria?  Homeless and penniless with a sheriff’s order to sell her home.  Mary’s finances?  Some $50k + in attorneys fees taken from the trust, and PS is claiming $200k from what is left over from Gloria.

Were Mary and Gloria’s interests truly adverse? Heck no. Both were fighting the probate court for their own homes and money!  Jay Dolgin was spot on.  $1 million in valuable gold and silver coins missing.  Cash in mattress missing.  Looks like the vast bulk of the estate will go to probate attorney fees.  The miscreants blame Ken and I while they grab all the cash. Smoking Gun II letter.  It’s a smoke screen.

Here we have CF declaring (apparently Gloria) having “serious emotional problems, which he appears to be taking advantage of…. he plays into her delusions and fantasies about events occuring in the case and its ultimate outcome in order to generate fees, as his multiple pleadings either lack foundation in law or misstate or misapply the law and facts.”

What pleadings?  Ken was haled into a court without filing an appearance and the court clearly lacked jurisdiction over him.  Gloria does her own pleadings with lawyers other than Ken and my self and CF is delusional that in Dec. 2010 that Ken and I were billing and collecting from Gloria. The handwriting was already on the wall, and she was already homeless and penniless.  So what fees?

To accuse Gloria, an award winning journalist of having “serious emotional problems” and to have “delusions and fantasies” is to impugn her professional status and career, amounting to defamation, false light and libel.  Is CF punished by the ARDC for that?  No, because this is probate and it’s an “anything goes” scenario, CF is lauded for her ability to make stuff up about a family member to defame them, marginalize them in probate–all to her advantage.  Then Gloria’s assets can be grabbed, she can be rendered homeless and penniless–all without interference from the authorities.  Happens all the time in the miserable world of probate on the 18th floor and around the country.

The IARDC should have provided this important letter to me in my discovery. They did not.

The letter goes on to say (page 4 of 8), para 3, “[Brodsky]believes Ditkowsky is exploiting Gloria for finaancial gan and that Gloria is demonstrably emotionally/psychologically troubled.”  More false light, defamation and libel.  In probate, if you want to get rid of pesky family members, all you have to do is say they are emotionally/psychologially troubled.  Gloria may be emotional, but she knows what justice is and what justice is not.  She knows that neither she nor her aunts were served with 14 day advance notice of the time, date and place of hearing–meaning serious trouble for the GAL’s.  Do the GAL’s move to dismiss the case and make up the serious trouble they have caused Gloria?  Heck no, they then attack Gloria and say is she mentally disturbed–defaming and libeling an award winning, skilled investigative reporter.  It is a tried and true method in probate to get rid of pesky family members that demand justice in a world lacking justice.

Gloria did nothing wrong. She did not cause this trouble.  She was named by her mother in her advance directives.  She cared for her mother and was her constant companion.  The guardianship was to sell the home, collect bank accounts, sell valuable homes in a hot neighborhood, Norwood Park, and generate massive fees–to the probate attorneys involved. What has happened?  Exactly that.  It is said about $60k from the sale of Mary’s home went to the attorneys.  PS is claiming $200k from Gloria’s Lumberman’s money.  Enough said.  The IARDC prosecutes Ken and I believing PS, AS and CF.  Jay Dolgin, I and Ken know better. The assets of Mary and Gloria will be collected and go to massive attys fees from the miscreants.

It is now over for that scheme in the probate court.  Ken and I are convicting of lying about the scheme to drain Mary and Gloria.

WHO WAS RIGHT?  WILL THE IARDC ADMIT KEN, I AND GLORIA AND JAY DOLGIN WERE RIGHT AND NOW DO THE RIGHT THING AND DISMISS THAT SHAMEFUL CASE AND LET MARY AND GLORIA BE TOGETHER AGAIN?

In the end who had the true financial conflict with Mary (the Miscreants and Mary).  Who had the true financial conflict with Gloria?  (the Miscreants).

Mary wanted to live together with Gloria until she passed away.  The agreement with Gloria in the POA was she would care for Mary and keep her at home, as Mary desired.

WHAT BUSINESS DID THE STATE OF ILLINOIS HAVE TO DO WITH DISTURBING AND INVALIDATING THAT PRIVATE AGREEMENT BETWEEN GLORIA AND MARY?

Read the Illinois POA Act, it says these agreements are inviolate and cannot be disturbed unless there is “serious and substantial harm” to the Principal’s estate.  Okay, I will admit, draining an elder’s estate is “serious and substantial harm”, but in the end, who did this in fact?  The miscreants!

Who among us wants to go to all the trouble of making advance directives (POA for health care) and then having the state trash it on the 18th floor.  If I say I want my Son 3 to be my guardian and to live with him until I die in my own house and he manages my funds, whatever they are, WHAT RIGHT DOES THE STATE HAVE TO STEP IN AND DISTURB THAT ARRANGEMENT?

No one denies that Mary was well cared for, lived in her own home, did fun and interesting things with Gloria and wanted to NEVER GO TO A NURSING HOME, she wanted to stay in her home and have Gloria with her–BFF’s they were.

The letter goes on “She (Gloria) later sought to nominate her self orally without amending her written cross petition.”  The Record on Appeal speaks for itself.  In the event a guardian was to be appointed, Gloria filed a cross petition with the OPG and when the OPG appeared and declined to be involved, she then filed a second petition with Kathie Bakken nominated as Guardian of the Estate and Gloria would be Guardian of the Person, as per Mary’s advance directives.

The letter from CF is a pack of lies.  The miscreants DO NOT keep elders at home with the people they love. They sell homes, deplete estates, defame other attorneys and family members, they trash advance directives and scoop up the money and leave a wake of grief and tears.

Just ask Gloria, Kathie and Yolanda.  And when they came to testify at my trial, what did the IARDC do?  They got rid of Gloria by telling her “bring 12,000 emails” when the miscreants produced not barely a one.  More emails than the miscreants were already published on my blog.  Kathie and Yolanda were told their assertions to their basic constitutional rights–due process and the right to advance notice, a hearing and clear findings of fact and law–as proscribed by the Illinois Probate Act was not theirs, the Tribunal strenuously worked to deny these rights to them, telling Kathie constitutional rights were “sour grapes” over and over, as if she, a highly skilled and intelligent woman with her own business would start to believe that tripe.  The arrogance of the chair was astounding and amazing.  At the end, Kathie could not believe it.  I could not believe it.  The arrogance clearly denigrated into outright rudeness and condescension.

This behavior continued up to the Tribunal trying to explain to Kathie on the stand that the word corruption has a different meaning for attorneys and for the public.  He asserted “corruption” when used in a general sense means that someone may have violate a law or code of ethic or morals, but when attorney uses it, it means passing cash over the bench.  (Huge eye roll).  Kathie, to her credit, quickly countered, “but Ms. Denison is writing a blog, so wouldn’t she use the general definition and not the one only for attorneys.”

Yep, that was the highlight.  It was a genuine woman at the well argument.

Read CF’s letter and see if you believe her–or if you believe what happened in the end and what happens every day in probate to some cases where greed and money looks too tempting and some huge cash grab takes place, all the while trampling on family members with miscreant groundless, gratuitous and unwarranted defamation of family members

JoAnne

PS — Cynthia Farenga goes on to make the assertion in her letter that KKD makes “serious threats” of “some really good quotes” in a pleading he is to file  That’s a total LOL ROF 4PIA!  I really don’t think legal quotes amount to “fighting words” for your average person.  Maybe for those in Mensa with too many PhD’s, but the average guy on the street will just turn back to the game on the telly and his beer than worry about a “good legal quote from some really good case law.”  That’s admirable imagination at work, though I have to tell you.  Now I have to tell you, in all due defense, she does name drop “Lady Gaga” but I understand that by Jan 2011, most teens considered Gaga old news.  Old lady news, that is.

PPS–CF continues to assert only “one legal fee” will be charged between her and AS, but wait, she took fees from the Trust (sale of Mary’s home) without a fee petition and without court approval.  You go girl with that one.

From Kathie Bakken, and you won’t believe what the President of Hawaii University is telling his college students.

I wonder what the law school is teaching anyone.

The quotes are utterly amazing.  Almost as good as those out of the ARDC!

Dear Readers;

Please see below.  We recently received an answer to our Motion to Dismiss our Civil Rights complaint where Ken and I complained about the behavior of Peter Schmeidel, Adam Stern (for interfering with my blogging), Cynthia Farenga for assisting, and Jerome Larkin for assisting and for PS and AS calling up and threatening Ken that if he did not drop his investigation of the Mary Sykes case, he would be sanctioned by the probate court!  As incredulous as this seems, I have heard numerous other reports of threats in the probate courts by the “in group” from those that don’t normally practice there but have a client with a juicy estate.  This is abominable behavior.

The decision is interesting, but odd.  We stated a claim for direct violation of our First Amendment rights, but the court says we did not state a claim for Retaliation under the First Amendment, even though we did not plead that.  We pled a direct violation

First the court uses the Rooker Feldman decision to keep us out of federal court.  On p. 4 it says that our civil rights claim is grounded in decisions emanating from state court proceedings, which is fairly ludicrous, because blogging has nothing to do with, nor can it be remedied in either the probate court or in a federal court proceeding.  Threats to keep attorneys out of probate have nothing to do with a probate court proceeding, that is just a civil rights violation.

Next, the court entirely ignores the fact that my blog is entirely non commercial speech consisting of political speech–the type of speech that should be awarded the highest protection by any court.  It is much similar to the Hillary movie discussed in the Citizens United case.  What does this court say?

“There is no generalized First Amendment right to speak whenever
one desires.” Armstrong v. Fishel, No. 14 C 1015, 2014 WL 1282551, at *2 (C.D. Ill. Mar. 31,2014).

This is indeed the oddest quote. No where in the 9 page opinion does the court even begin to differentiate the correct standard regarding political speech (the government has no right to control political speech) and commercial speech (strict scrutiny, least restrictions to accomplish a valid purpose which is capable of being remedied by controlling the speech) and private speech among individuals (defamation or lying about another person’s character or reputation, esp. where they may be injured in their business or profession.)  The type of speech is not discussed at all.  And further, the Armstrong case is the wrong standard for political speech.

Next, on page 7, the court discusses immunity for the GAL’s in probate.  The only problem with the court’s assertion of immunity for CF and AS is that threatening other attorneys, interferring with my blogging are not part of any probate proceeding.  Neither CF or AS has been appointed either my or Ken’s GAL and we are not part of the proceeding.

The court notes that JL has official immunity and cannot be sued for damages.  I disagree because it is not part of JL’s duties to allow attorneys to threaten other attorneys falsely.  JL is supposed to protect honest and ethical attorneys.

With respect to PS, the court correctly cites the Heilman case, but does not recognize the conspiracy between the defendants, and also it was properly pled.

They further state that a GAL is not a state actor under 42 USC 1983.

The court also cites the 7th circuit Palmissano case with this quote:

“The Court notes that to the extent the plaintiffs complain that their First Amendment
rights were violated because they have been discouraged or prevented from speaking out regarding corruption in the courts, false or reckless accusations of dishonesty within the judicial system do not fall within the scope of protected speech”. Matter of Palmisano, 70 F.3d 483, 487-88 (7th Cir. 1995). (see page 8, fn 1)

however, if you read the Palmisano case, he made repeated unfounded statements on just about every judge he had:

“If Palmisano had furnished some factual basis for his assertions, then we would need to determine whether either the Constitution or principles of sound judicial administration permit a sanction–for an attorney is not absolutely liable for every statement that turns out to be incorrect. It would unduly quell investigation and exposure of corruption to disbar an attorney who publicized suspicious conduct, just because the suspicions were dispelled.”

Also, in Palmisano he accused the judges of all being corrupt and taking bribes.  In the Sykes, Gore, Wyman, etc. cases, those are all different cases.  Sykes has no jurisdiction and $1 million missing.  Gore has 29 gold teeth missing and $1.5 million missing.  Drabik has $9 missing from Harry and Lydia’s estate, etc.  They are all different.  In each case, there are family fact witnesses with evidence of the missing amounts and most importantly this blog is protected by 47 USC sec. 230.  I

In addition, Palmisano was not running a blog that published also the proof, that is, the transcripts, pleadings and declarations and affidavits of those fact witnesses who state a completely different story of the Sykes case–a deeper darker one–one which the ARDC routinely ignores complaints thereupon.

A Notice of Appeal and Docketing statement has already been filed.  It is hoped the 7th circuit recognizes a direct First Amendment violation, can identify the correct standard for political speech (Citizen’s United) and can reverse and remand this case for justice on a clear civil rights violation.  None of CF or AS are mine or Ken’s GAL’s  The GAL case cited has nothing to do with our case.

Here is the link to the decision:

https://drive.google.com/file/d/0B6FbJzwtHocwRGJIUG9hVDJKeWs/edit?usp=sharing

Dear Tom;

Thank you so much for published in your article your experiences in the probate area of the Daley Center.

http://www.disabled-world.com/editorials/cleansing.php

I agree with you, most nurses and aides are professional, kind and caring and therefore attracted to taking care of our most vulnerable but precious population–the disableds and elders.

On a darker side, there will always be a strong minority that are attracted to nursing homes for everything they can 5 finger–clothes, shoes, jewelry, etc.–even and sometimes especially the drugs.  Nursing homes are chock full of psychotropic drugs that mostly tranquilize, make one happy when you’re not really happy and you forget your problems and sleep instead of being a productive, useful citizen.  They mask pain, real and emotional.   Like Nurse Jackie, many will work in a hospital or nursing home setting.

From personal experience and from the experiences of others, I know of the thefts, the drugs, the people working at these places.  I already have one ward where we have reported to the court the ward was found several times lying in her own urine in the morning for hours because the nurses won’t take her to the bathroom in the night, and then she was found alone, on the toilet, not knowing how to get up and finish by herself.

The response of the Sister and POA for this frail vulnerable woman–find a new and better nursing home (in this case the Sister cannot be cared for at home because she has maniac attacks, is violent and will keep her caretakers up all night at times).

The response of the court?  An incredulous order not to move, and another order to freeze ALL her assets, without notice or hearing!  The Illinois Probate Act says that a POA has to do something serious or something involving substantial harm to terminate the POA’s (this time a sister), ability to move a person or pay their bills.

Those are advance directives.  Who among us wants the state to step in and willy nilly terminate our advance directives?

The OPG, of course, was involved.  The GAL was involved AND the attorney for the brother.

No one is concerned about her abuse, which was reported to the state, which of course has done nothing. Meanwhile the POA has found a new nursing home, but this poor woman can’t be moved–by court order, and no nursing home can now be paid–per court order.

So Tom, thank you for speaking out and quoting Ken.  I don’t know if it will cost you your license for telling the truth, but if you are going down this activist path and fighting the system, Ken and I thank you and applaud you.

And if they come after you and you want to keep your law license, Like Mr. Sina Weibo in China, (oops, almost typed Chicago–must be Freudian), just apologize and blame myself and Ken.  We see this all the time mucking around probate.  BUT unless you adhere to the autocracy and code of silence in Chicago–be forewarned.  The ARDC is policing blogging by attorneys.  Unless and until Ken and I are exonerated, they are on the side of Dissent Crushers and Powers that Be–no better than those found in N. Korea or China, because first, they always go after the lawyers who are reporting on the dirty truths no one wants to hear.  After they have crushed that, they will move on to the general populace, First Amendment or not–until the public screams and demands enforcement of their Bill of Rights those rights will be in serious danger from the Dissent Crushers and Powers that Be.

JoAnne

PS–this is a true story.  I would normally publish names and dates but the ARDC has chilled my speech.  If you want names and dates, write me privately with a list of your activist accomplishments.

From the Daily Mail, UK:

Sina Weibo has been jailed for 3 years for running a popular Chinese blog on the internet.  Prosecutors said Qin Zhihui had ‘seriously harmed social order’ by posting inaccurate reports on the Chinese equivalent of Twitter (read that, something a Chinese party member didn’t like).  He also apologized, but did a “Joanne apology”– “I don’t want to defend myself” (because the next thing is they take me out back and shoot me and grind up the bits for the river) and “I hope my experience is a good lesson to other microbloggers.” (The govt will seriously crush your dissent and free speech).

So my question to the IARDC and my tribunal now is:

1) will I get 3 years like Quin Zhihui?  Would that be a fitting analogy?  Should Ken ask for a reduced sentence because they give less in Communist China where people have no first amendment?

2) Does this blog “seriously harm social order”?

Ken Ditkowsky got 4 years suspension for speaking out and investigating for Mary G. Sykes.  He was threatened by Peter Schmeidel and Adam Stern, according to his recently filed suit, not to investigate or he would be sanctioned.

How many other attorneys are threatened directly or indirectly when estates are drained 80 to 90% by fees?  When the deals are made?  Does the probate clerk’s office keep those statistics?  Do they automatically investigate?  Are such statistics sent to the IRS for investigation?

Inquiring minds want to know.

http://www.dailymail.co.uk/news/article-2606913/Chinese-blogger-jailed-three-YEARS-rumour-mongering-authorities-claim-slandered-government-celebrities-turn-internet-star.html

Remember, this is the official blog of attorney misconduct and crushing dissent in the US.  Only if and when the ARDC exonerates me and Ken will our country be truly free again.  It’s up to the public.  The problems and issues in the Chicago are historic.

JoAnne

From: kenneth ditkowsky
Sent: Apr 18, 2014 2:34 PM
To: Curt Sahakian
Subject: Qui Tam complaint against the IARDC

http://www.ditkowskylawoffice.com/

Dear Readers;

As usual, Ken found a great article on what’s wrong with guardianships and how to improve them from the National Association of Elder Law Attorneys.

Click to access NAELAJournal2008Vl4No1.pdf

from the article, a familiar chorus:

guardian’s actions. A call for reform has gone out.

It raises a number of issues that both probate victims and caring attorneys will want to consider.

JoAnne

From: kenneth ditkowsky
Sent: Apr 16, 2014 4:29 PM
To: Eric Holder , Cook County States Attorney , Cook Sheriff , Edward Carter , Jo Anne M Denison
Cc: Tim NASGA , Diane Nash , NASGA , probate sharks , Chicago Tribune , SUNTIMES , j ditkowsky , Harry Heckert , matt senator kirk
Subject: Wholesale violations of the Americans with Disability Act on the 18th Floor of the Daley Center/and in the Probate Courts in general.

http://www.ditkowskylawoffice.com/

From: kenneth ditkowsky
Sent: Apr 15, 2014 6:00 AM
To: Marty Prehn , JoAnne Denison , Janet Phelan , NASGA , probate sharks , Eric Holder , Harry Heckert , j ditkowsky , Tim NASGA , Chicago Tribune , SUNTIMES , “foxnews_7D7B711AF105DCA690AB56169C0FF242@newsletters.foxnews.com” , Cook County States Attorney , Edward Carter , mary wooley state police , Mary Richards , jim , scott evans , mary wooley state police , matt senator kirk
Subject: Re: Respect for the ADA–Americans with Disabilities Act

http://www.ditkowskylawoffice.com/

Dear Readers;

One of the things that happens only in ARDC litigation is that if you’re an attorney defending your constitutional rights, and you assert those rights, first thing they do is Strike your pleading.  I think I have a stack of their “Motions to Strike”.  Now this is funny, they moved to strike the depositions of the key crucial fact witnesses: Gloria Sykes, Scott Evans, Yolanda and Kathie Bakken, but then they use them at trial!

I have never seen a proceeding with so many Motions to Strike. Most of the time, opposing counsel files a Response and a decision is made on the merits.  Motions to Strike are supposed to only be used in rare occassions.

Here is the ARDC Motion to Strike:

https://drive.google.com/file/d/0B6FbJzwtHocwTGQ1dWJFUGlQUVE/edit?usp=sharing

Here is my response:

https://drive.google.com/file/d/0B6FbJzwtHocwcFJSNUhPZVNJbEU/edit?usp=sharing

Make sure you read my declaration at the end of my response.  It’s an eye opener.  As you will recall Judge Stuart said “she did not know” that Gloria was chained.  I distinctly recalled she testified that her deputies told her only a few days ago.  Alyece agrees with that.  Then the transcripts comes out and suddenly Judge Stuarts words change to “she does not know” what the deputies do when they take someone someplace (it’s not someplace, it’s the judge’s own anteroom), and what they do with them.

I think it would be easier to swallow a watermelon whole than believe that story, esp. with Peter Schmeidel and Adam Stern gloating about it in later hearings–to Judge Stuart, and then before Judge Hollis in bankruptcy court!

So be sure to read my entire response.  It’s an eye opener, again.

JoAnne

Hi!


The program will be on at this URL .  Please try listening in 10-15 
minutes.  The instructions for Ken are very very confusing....

http://ppjg.me/

Tags:

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guardianship abuse

looting estates

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ErinDakens

TRUTH TRAVELER RADIO

Qui tam

In common law, a writ of qui tam is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed. Its name is an abbreviation of the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning “[he] who sues in this matter for the king as well as for himself.”

The writ fell into disuse in England and Wales following the Common Informers Act 1951 but, as of 2010, remains current in the United States under the False Claims Act, 31 U.S.C. § 3729 et seq., which allows a private individual, or “whistleblower,” with knowledge of past or present fraud committed against the federal government to bring suit on its behalf. There are also qui tam provisions in 18 U.S.C. § 962 regarding arming vessels against friendly nations, 25 U.S.C. § 201 regarding violating Indian protection laws, 46a U.S.C. 723 regarding the removal of undersea treasure from the Florida coast to foreign nations, and 35 U.S.C. § 292 regarding false marking. In February 2011, the qui tam provision regarding false marking was held to be unconstitutional by a U.S. District Court,^[1] and in September of that year, the enactment of the Leahy-Smith America Invents Act effectively removed qui tam remedies from § 292.^[2]

31 U.S. Code § 3729 – False claims

(d) Exclusion.— This section does not apply to claims, records, or statements made under the Internal Revenue Code of 1986.

http://www.ditkowskylawoffice.com/

From: kenneth ditkowsky
Sent: Apr 12, 2014 10:13 AM
To: “j. d.”
Cc: Jo Anne M Denison , NASGA , Tim NASGA , probate sharks
Subject: Re: Fw: WestlawNext – O’Keefe v. Schmitz

FOR IMMEDIATE RELEASE
THURSDAY, NOVEMBER 30, 2006
WWW.USDOJ.GOV

CIV
(202) 514-2007
TDD (202) 514-1888

Miami Hospital Pays $15.4 Million to Resolve Fraud Case
for Kickbacks & Medically Unnecessary Treatments

WASHINGTON – Larkin Community Hospital in Miami and its current and former owners, Dr. Jack Michel, Dr. James Desnick, Morris Esformes and Philip Esformes, have paid $15.4 million to settle federal and Florida civil health care fraud claims against them, the Justice Department announced today. Additionally, 34 related companies owned by the Esformes that were used to operate nine assisted living facilities are part of the settlement along with Claudia Pace, an employee of one of the Esformes-owned companies; and Frank Palacios, a long-time employee of the hospital.

The settlement resolves the civil case entitled United States v. Jack Jacobo Michel, M.D., et al., which the government filed in 2004, alleging violations of the False Claims Act. The state of Florida joined the suit later that year.

The government alleged that in 1997, Larkin, then owned by Desnick, paid kickbacks to physicians in return for patient admissions. The United States contended that the primary recipient of the kickbacks was Jack Michel, who was paid for patient admissions to Larkin by himself and his brother, Dr. George Michel. Jack Michel purchased Larkin in 1998. In 2000, Desnick was a party to a $14 million settlement with the United States for a similar kickback scheme from 1992 to 2000 at another facility he owned, Doctors Hospital of Hyde Park in Chicago.

The United States also alleged in the Michel suit that from 1998 to 1999, Jack Michel, George Michel, Morris Esformes, Philip Esformes, Frank Palacios and Claudia Pace conspired to admit patients to Larkin for medically unnecessary treatment. The government asserted that some of these patients came from assisted living facilities owned and operated by Jack Michel, Morris Esformes and Philip Esformes.

“The Department of Justice is committed to vigorously litigating cases about conduct that undermines the integrity of the Medicare and Medicaid programs,” said Peter D. Keisler, Assistant Attorney General for the Department’s Civil Division. “We will not tolerate health care providers who pay kickbacks or perform medically unnecessary treatments on elderly beneficiaries in order to generate Medicare and Medicaid payments.”

The case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General; the Federal Bureau of Investigation; and the Florida Medicaid Fraud Control Unit. The case was handled by the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Southern District of Florida in Miami and the Office of the Attorney General of the state of Florida.

 

Notice the name of the facility – LARKIN.   Do you believe in coincidences?    The scandal laden facility in Illinois that gained Mr. Larkin fame also had the same name according to my sources.    Maybe this is the reason that when investigative reporters were unable to find the Ethics filings required of all State of Illinois employees none could be found for the people employed at the IARDC.

Ms. Phelan informed me that she called the IARDC directly and was given the ‘bums rush’  (my words).    We asked the IARDC to investigate its director – you know what happened.   

www.ditkowskylawoffice.com

From: kenneth ditkowsky
Sent: Apr 8, 2014 4:49 AM
To: Aleyse Lessura Blog fan , Janet Phelan , Ginny Johnson Justice4 Everyone Blog Fan , Jim Simms , Jo Anne M Denison , NASGA , probate sharks , GLORIA SYKES

http://www.ditkowskylawoffice.com/

Dear Ken;

I agree with what you said.  We now have dozens of agencies allegedly “protecting seniors”, but they “do nothing” and the same reported criminal actions take place over and over and over again.

My Vice President of Investigations, Jim Simms, says “cut the funding” and I agree with him.  The first time a senior is railroaded AFTER abuse has been reported, and no action is taken by the agency in court, should start the process to cut funding.

For the IARDC that takes $342 per attorney and does not protect seniors, lawyers should join in a class action to start cutting at that budget too.  When they are left holding a bake sale to support the 8th and 15th floor of One Prudential, perhaps they will start to take notice that their actions and inactions really do mean something to the public they are supposed to serve and protect.  Do I hear of volunteer attorney or law firm out there willing to do this?  I have a few really fed up clients for you–Wyman, Gore, Drabik, Bedin, Spera and others.

Why pay for state agencies that “do nothing?’

Joanne

From: GLORIA Jean SYKES <gloami@msn.com>
Sent: Apr 7, 2014 8:33 PM
To: JoAnne M Denison <joanne@justice4every1.com>
Cc: “k_bakken@att.net” <k_bakken@att.net>
Subject: RE: Help me spread the word: stop guardianship abuse

From: Gloria Jean Sykes
Sent: Apr 7, 2014 6:26 PM
To: jdenison@surfree.com
Subject: Help me spread the word: stop guardianship abuse

Dear Family, Friends, Colleagues, and Supporters,

Thank you for signing my petition. With your help, we’ve already reached people who care deeply about this issue. But if we are going to have an impact, it’s critical that we get at least 150 signatures before we deliver the petition to the political elite and law enforcement.  Obviously the more people who sign, the greater impact and a quicker resolve.  My Mother is still alive, although suffering greatly while hostage in the home of a named abuser.  And I am certain as I write there are thousands of other elderly and disabled people ‘still alive’ but suffering because of court sanctioned abuses and financial exploitation.  You can help prosecute more attorneys who are part of the Cottage Industry sanctioned by our courts, and stop these abuses just as the recent arrest of an attorney charged with first-degree money laundering, second-degree theft by deception and second-degree conspiracy from elderly and disabled victims in New Jersey.  (Please see, http://nj.gov/oag/newsreleases14/pr20140320b.html)

Lawyers easily live above the law: Judges are lawyers.  The elderly and disabled are easy prey. WHAT HAPPENED TO MY MOTHER can happen to you or someone you love.

With your help, we can reach our goal! Can you please share this link with five of your friends right now:

http://petitions.moveon.org/sign/mary-g-sykes-save-from?mailing_id=21381&source=s.icn.em.cr&%3Br_by=1756346&r_by=641399

Financial exploitation, physical and emotional abuses of the elderly and disabled is rampant because attorneys such as Peter Schmiedel, Adam Stern and Cynthia Farenga are empowered by our judiciary and in the Sykes case alone, have stolen over $1.5 million dollars (cash) from my mother and me, for their own personal financial gain.  They need to be stopped and in doing so, my mother’s life may be saved as well as the life of hundreds and thousands of elderly and disabled people. Thank you for taking a stand on this important issue.

Thank you for signing this petition and please pass on to five of your friends.  Together we can tear down and dismantle the Cottage Industry of attorneys who prey on the elderly and disabled and in doing so, save lives.

Healthy Regards,

Gloria Jean Sykes

gloami@msn.com

Dear Ken;

You are absolutely right, a 4 year suspension for speaking the truth is nothing but vindictive retaliation for tattling on the nefarious activities of favored attorneys and judges on the 18th floor.

And they still want to shut down my blog.  My blog is now officially MISCONDUCT.  I will publish the order on Monday.  My blog is the only one, it’s popular and people have come to trust and support it–50,000+ views in 2 years and all the ARDC wants to do is shut it down. I get new subscribers every week.  It’s nothing but a ridiculous “blame the media” action for the conduct of the favored ones.

From Disraeli:

“London owes everything to its press: it owes as much to its press as it does to its being the seat of government and the law.  The press is not only free, it is powerful. That power is ours. It is the proudest that man can enjoy. It was not granted by monarchs, it was not gained for us by aristocracies ; but it sprang from the people, and, with an immortal instinct, it has always worked for the people.“

from Benjamin Disraeli, a great Jew and philosopher — during parliament–
the interruption of the hon. Gentleman reminds me of the words of a great writer, who said that “Grace was beauty in action.” ‘Sir, I say that justice is truth in action. Truth should animate [any] opposition [to correct its behavior], and I hope it does animate this opposition’—–into correcting its behavior.

“Original Message—–
From: kenneth ditkowsky
Sent: Apr 5, 2014 10:05 AM
To: JoAnne M Denison , Harry Heckert , yjd , j ditkowsky
Cc: Atty Sandra Stavrolpoulos Special Prosecutions Elder Abuse , Eric Holder , matt senator kirk , Mary Richards , mary wooley state police , Tim NASGA , NASGA , Diane Nash , probate sharks
Subject: Re: Remuneration that does not show up on the record

From a concerned family member (I won’t say whose family)

1)  What could/should the legislature to to put an end to unwanted/unnecessary guardianships?

2) What should we specifically be asking of our congress people?

3) What is the normal procedure for reporting illegal activity or elder abuse?

4) What could be done so that existing agencies have some teeth and can take action?

5) What is the proper form of redress re: a. siblings not being served, b. children and siblings not served, c. improper adjudication?

From: kenneth ditkowsky
Sent: Apr 5, 2014 9:57 AM
To: Jo Anne M Denison
Cc: NASGA , Tim NASGA , GLORIA SYKES , Ginny Johnson Justice4 Everyone Blog Fan , Janet Phelan , NASGA , probate sharks , Eric Holder , matt senator kirk , Cook County States Attorney , Harry Heckert , j ditkowsky , Chicago Tribune , Bill , “billbrady@senatorbillbrady.com” , “bill@LawlessAmerica.com” , “staterep-constance-a-howard@comcast.net” , “staterep-constance-a-howard@comcast.net” , “ilsenate29@sbcglobal.net” , “StarsMail@FDIC.gov” , “staterep12@aol.com” , “staterepchuck67@aol.com” , “staterepgordon@sbcglobal.net” , “staterepmendoza@gmail.com” , “statereppaul@sbcglobal.net” , “staterepramey55@aol.com” , “ilsenate29@sbcglobal.net” , “statereppaul@sbcglobal.net” , “ilsenate29@sbcglobal.net” , “ilhouse51@sbcglobal.net” , “ilrep49@sbcglobal.net” , “ilsenate20@sbcglobal.net” , “isilverstein@senatedem.ilga.gov”
Subject: Remuneration that does not show up on the record

http://www.cbc.ca/news/canada/british-columbia/elderly-couple-demand-hospital-end-illegal-detention-1.2596841

While the Illinois ARDC is covering up these issues in Illinois, the fires are burning around the world.

See my post on signing a petition for Mary Sykes and please, if you know of a loved one in this predicament, start a petition and let me know.

We need more attorneys and the public blogging about court corruption and not fewer.  We need more people coming out and telling the truth and not fewer.

We need to spread the word that most states have wonderful statutes to protect the elderly and wards BUT THEY ARE NOT BEING USED or taken seriously.  They are clearly ignored when estates are large and cash heavy.

Let’s put justice back in the courtrooms, let us demand that state disciplinary boards discipline attorneys that steal money, neglect cases, do not inform their clients promptly, etc.– but the disciplinary boards must also uphold dearly FREE SPEECH RIGHTS, the right to file grievances, contact the authorities publicly, report elder abuse, report abuses in the court system and promote freedom and democracy.  Political speech of attorneys must be unfettered and properly protected.

I promise you all, I will not desert you. I will take this blog to the US supreme court and even if they turn me down I will keep on blogging about corruption and going to court and making sure the 18th floor of the Daley center does its job.  I will work for NFP’s that provide volunteer services to keep that floor from decimating estates with fee, fee, fee, isolating seniors, pulling gold teeth for fun and for profit, etc.  And when the money is gone, I will tell you how they drug them with psychotropic drugs and they suffer from dehydration and malnutrition and are killed and quickly cremated to hide the evidence, someone will know, someone will blog for them.  I wish I knew all their names and what to say for them now.

Justice is truth in action.

joanne