Ken Ditkowsky on Fiduciary Duty

To: Tim NASGA , JoAnne Denison
Cc: j ditkowsky , Tim NASGA , GLORIA SYKES , Janet Phelan
Subject: Breach of Fiduciary Relationships

 Tim,
While I am not an expert on Indiana law, I am confident in pointing out the following facts:
1) A fiduciary does not have ad hoc authority.   The Fiduciary has to act in the objection best interests of the ward.  This means that a fiduciary’s conduct is going to be examined by the ‘clear light of hindsight.’    It also means that a fiduciary cannot act in his/her best interests to the detriment of the ward.
2) Any benefit the fiduciary receives is a taxable event.
3) governmental operatives (such as judges, guardians, et al) are not afforded immunity to violate the law.   That does not mean that every wrong has to be addressed – there is a degree of discretion but that is also tempered by the clear light of hindsight.
(To give you an example – Jerome Larkin and the IARDC have received a delegation from the Illinois Supreme Court to regulate certain attorney conduct.   For instance, the wrongful appointment of a guardian so that particular individuals are given an advantage in the resolution of a dispute (your situation) would come under Larkin’s attorney had it occurred in Illinois).   18 USCA 4 provides that felonies have to be reported to law enforcement – it is a criminal act not to make such a report.   Thus, had Larkin learned about the attorneys who used a guardianship to usurp your interest in the ‘corporation’ he might because of too great a case loan have decided to over-look the problem, but he could not overlook his statutory obligation to report the matter to law enforcement.
Of course if Larkin decided to conduct a parochial investigation of any portion of the matter, the discretion would now translate into an abuse of discretion.   Simply put – subordination of perjury in the form of looking for excuses for the miscreants is another criminal act – i.e a violation of 18 USCA 371.    (This does not mean that RICO, Mail Fraud, Wire Fraud et al may also have occurred.)
It thus appears that the ‘res judicata’ effect created by ‘wired judges’ not only does not release the miscreant, but inculpates the judge and those who have a duty to act.    It is for that reason that as we discuss the abusive guardianship situation pursuant to 18 USCA 4.  I copy Mr. Holder and the Justice Department.  I expect that General Holder is reporting the tax evasion to the Department of the Treasury.
The miscreants who have taken it upon themselves to separate you from your assets have some very serious Income tax problems in addition to their other problems.   Where fiduciary relationship are involved CYA is not a good idea – it can haunt you for a lifetime.
Once again – laws have to be enforced to have meaning.   People such as Larkin have the idea that their position and clout make them safe.   Heretofore such might have been an accurate assessment; however, the world has changed.  Health care costs are artificially high due to a massive fraud factor (70- 80%).    The fastest growing segment of the population is the elderly.  Thus, it is either enforce the law to the n’th degree against Larkin and those he acts in concert with – or America becomes a 3rd world country.
Enforcing the law as it is written and requiring Larkin, Stern, Farenga, Schmiedel, Solo et al to obey the Rule of Law is essential to the survival of our Institutions and of  American survival.   Larkin’s covering up for the elder cleansing of Mary Sykes is a form of treason!   The fact that he is so RESISTANT  to an honest, complete and comprehensive investigation is clear and convincing evidence of his covert assistance of Farenga, Stern, et al.    It also aids and abets the health care crisis and subverts all efforts to provide to the public meaningful health care reforms.  (The 1.5 million of funds that disappeared from the Gore estate et al – went somewhere!)
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

From: kenneth ditkowsky
Sent: May 25, 2014 9:10 PM
To: j ditkowsky , Harry Heckert , Larry Chambers , Jo Anne M Denison , NASGA , probate sharks , Eric Holder , Cook County States Attorney , Cook Sheriff , “illinois.ardc@gmail.com” , ISBA Main Discussion Group
Subject: Elder Cleansing Scandal

 I was informed that the hospice portion of the elder cleansing scandal that was in the newspaper is indeed related.   The local miscreant is Seth Gilman.
If the information that I received a few moments ago is accurate, the investigation is alive and well and the material that Mr. Jerome Larkin and the IARDC have disciplined me for forwarding pursuant to 18 USCA 4 to law enforcement does indeed suggest a culpability pursuant to 18 USCA 371 on the part of Larkin and those who acted in concert with him.
If the information that I received is accurate it is now very clear why the IARDC was so upset with the correspondence to the Justice Department and why I received a four year suspension.
It appears that the persons named in the article that I forwarded this afternoon are relatives of Gilman.   Our miscreant friends all follow the same pattern as Mr. R outlined in his deposition.
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

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