From Joel Handler who was not amused by lack of jurisdiction in 1804

As you are aware, an order was entered by Judge MacCarthy which rendered Joel Handler’s $4,000 judgment against Janie “unenforceable.”

When Atty Carrie Fung of the OPG was told by Judge O’Brien in 1401 that she was to give the key to storage to Atty Handler so he could assess and manage these assets–and he is a judgment creditor, it seems she did not like the order of Judge O’Brien, so Carrie Fung went and filed a 27 page 150 paragraph motion in court room 1804 to invalidate are more than 2 year old judgment that Atty Handler had obtained in June of 2014.

Hmmm.  Interesting.

Obviously I have to file objections to the entry of a void ab initio order (void from the outset) because I don’t want it to appear my client is condoning such behavior (and liability), but Mr. Handler says it well to Ms. Fung–what on this green earth is she thinking?

I guess Judge MacCarthy can just blame everything on Ms. Fung because she wrote the order and Ms. Fung wrote the motion, etc., but 1804 is still her courtroom.

Here is Mr. Handler’s letter:

https://drive.google.com/file/d/0B6FbJzwtHocwMTRZTkZ5M1lWRFU/edit?usp=sharing

I will publish a response if I get one.

Also, here is Carrie Fung’s Motion she sent out, which of course is in the wrong format and waayyy too long.

Perhaps Judge MacCarthy is more favorable to grant motions by the pound, even if there is no jurisdiction, because Ms. Fung definitely showed she was good at writing motions by the pound.

https://drive.google.com/file/d/0B6FbJzwtHocwMGxKY29lZ194UEU/edit?usp=sharing

I didn’t put up the entire motion because it contained a lot of bank account records with account numbers on the statements and the rule is you’re not supposed to file documents with bank account records, so I left those out. For some reason Ms. Fung does not redact.  The rules are you must remove bank account numbers and social security numbers prior to filing.

From the front page of the NY Times–A dying Father’s last wish

This is a great article that does a wonderful job pointing out of the many fair and just issues that this blog was created to address–allowing seniors to die in their own homes instead of nursing homes.

I know that this isn’t the only blog posting that is entitled “A Father’s Last Dying Wish” but I am very glad that Joseph Andrey’s daughter, Stephanie was able to get some great publicity.  I wish her well and all the others that are trying to keep parents out of nursing homes when the parents never wanted to be there in their final days. Good luck to her.

http://www.nytimes.com/2014/09/26/nyregion/family-fights-health-care-system-for-simple-request-to-die-at-home.html?_r=0

Rauner’s nursing home deals may cost him

According to this article in the Chicago Tribune, before purchasing a nursing home, Rauner’s health care company had only $150,000 in total declared liabilites.

After some years of mismanagement his liabilities rose exponentially:

Jannotta, GTCR and other onetime owners of Trans Healthcare are defendants in the bankruptcy case, accused by plaintiffs’ attorneys of selling the chain in a complicated transaction to dodge liability for what grew to more than $1 billion in tentative wrongful death judgments secured by the estates of several nursing home patients. GTCR attorneys argue that the firm was far removed from the operation of the nursing homes in question and contend the plaintiffs’ lawyers are on a fishing expedition to extract payouts from deep-pocketed businesses.

And perhaps that is the problem, everyone is “far removed” from taking proper care of nursing home patients.

Read the article here:

http://www.chicagotribune.com/news/ct-bruce-rauner-nursing-home-trial-0928-20140926-story.html

But the real problem is, we are building more and more nursing homes and assisted care centers and we are pushing the need to find bodies for these institutions in lieu of in home care.

I was at the nursing homes when my father had to be ther, when my grandfather had to be there, and when our church did a lot of volunteer work?  What do you see and hear?  Residents pushed up in wheel chairs in front of a TV, that’s all.  If you talk to them, they all want to go home, if not to their own home, then to a child.

China has a law an adult child must visit an elderly parent.  The parents like the law.  Perhaps the US should push some of that and get these elderly people back into their own home or into the home of a caring relative.

Attorneys that are ISBA Pro Bono partners

As most of you know, I am completely dedicated to pro bono work and promoting it among attorneys. I believe cases should be taken on the merits and not on basis of money alone.  I know we all need to pay rent, utilities, staff and so forth, but there are many people with severe violations of human and civil rights, and loss of liberties too great to ignore.

I do believe that the courts should be provided with Public Defenders, according to income, where the loss of all money and housing is in question.

so the ISBA has an online pledge and I have taken it and I have also posted a bio on their website that features humanitarian legal services.

I hope other attorneys are inspired to do this and that the public encourages attys to do more pro bono or low cost legal work

the site:

ISBA Pro Bono Partner

Thank you for pledging to become an ISBA Pro Bono Partner. Your name is now listed below.

Members of the Illinois State Bar Association are committed to delivering legal services to those who need to turn to the courts to solve their problems, whether the people who need legal services are able to pay for the services or are unable to do so.

The Illinois State Bar Association, the Illinois Bar Foundation, and the lawyers who are members recognize that the need for legal services for the one-third of the State that is below the federal poverty level cannot be met by legal service agencies alone.

The Illinois Supreme Court Rules underscore the importance of Pro Bono legal services for persons of limited means whose household income is below the poverty level and also those people referred to as the “working poor”.

As a member of the Illinois State Bar Association, I am a supporter of the free legal services, training, and grants that ISBA and IBF provide to assist people in need, and I support ISBA and my local bar association and legal service provider.

I declare myself to be an ISBA Pro Bono Partner, and I promise to:

  1. Seek out the local pro bono legal services being supplied to individuals or charitable, religious or civic organizations in my community;
  2. Attend or support a recognition ceremony for those who participate in pro bono services in my community;
  3. Consider attending training provided to lawyers who provide pro bono services;
  4. Commit to joining the efforts to increase access to our legal system.

ISBA Pro Bono Partners

My new bio

http://www.isba.org/membership/directory/joanne-m-denison

Biography

Ms. Denison is a patent attorney that also practices in the area of business litigation in both state and federal court. Besides prosecuting patent applications, she is currently fighting to restore truth, justice and integrity at the IARDC, the Illinois Probate court and in other legal fora where the public and clients have presented a valid claim of a gross violation of human and civil rights or an unjust loss of civil liberties.  She runs two very popular pro-justice blogs at www.justice4every1.com and www.marygsykes.com, a 95 year old woman who was railroaded into a guardianship without first receiving a summons, complaint and no 14 days advance notice of the time, date and place of hearing was ever served on her siblings, yet the case has proceeded for 5 YEARS without jurisdiction.  In the Sykes case, approx. $1 million in gold coins have escaped inventory. The GAL’s claim they never existed in court, but numerous family members and the Sykes estate attorney can attest to the fact they are missing.

Ms. Denison represents other indigent clients that have suffered similar injustices (Mr. John Howard Wyman whose mother was placed in one of the worst Illinois nursing homes against her will and suffered beatings and sexual abuse when father wanted mother out of the house.  She finally escaped and one son Bill Wyman drove half way to Aspen Colorado and then John Howard picked her up and took her to Aspen where she was safe–but never to return to her Rockford home again)  The Carol Wyman case had no jurisdiction. Son John Howard Wyman has written a book “Against her Will” and you may contact me for copies.  Those who pledge to fight for truth, justice, integrity and honesty in the court system will receive a free copy upon request.  Ms. Denison also represents Dominic Spera, who was rendered homeless and on the street for 6 month when the GAL in his mothers case swiped over $100k of joint account funds left to him and his mother.  He now receives a stipend from the court so he is no longer homeless, but if Ms. Denison would not appear*****

Ms. Denison represents other injured and highly vulnerable probate family members who need assistance in probate court on the 18th floor of the Daley center.  Some of her clients were able to stay in their own homes, despite the fact the OPG (Office of Public Guardian) wanted nursing home placement–But Mr. Olson was adamant about staying in his own home.  (Mr. Olson has been happy at home for about 2 years now after Ms. Denison helped him to successfully prevent the sale of his home and forced placement in a nursing home).  Most of the cases do not pay or pay very little, due to the current system which she hopes to change so that disabled and elderly adults and their family members will not be taken advantage of by the court system.  She is suggesting that Probate provide public defenders in these types of situations.

She is also very concerned that the Probate system chooses attorneys for the wards from “secret lists” and the attorneys provide no CV’s to the family, do not disclose their charges, nor are they rated by past clients for how well they performed.

She is currently the Executive Director of Justice4Every1.com or Justice 4 Every 1, NFP, an Illinois Social Justice Provider.

She is dedicated to social justice for the elderly, the disabled and their family members, who are often taken advantage of in probate.

She is happy that ISBA has a Pro Bono Partner pledge and hopes that more attorneys sign the pledge.

Blogging at the IARDC – Trial of Bob Holstein

To: kenneth ditkowsky <kenditkowsky@yahoo.com>
Subject: Re: Robert Holstein’s trial
Date: Sep 24, 2014 1:21 AM
Dear Ken;

Robert Holstein was charged in two counts by the ARDC.  The first one was for not paying a law firm a $24,000 judgment and the second was not disclosing he had a credit card in a Citation Judgment proceeding.

But the trial determined the credit cards were not his, they were his girlfriend’s.  He continued to operate his law firm, paying bills, but not paying himself and did not pay the $24,000 judgement, tho he did repeatedly call the attorney and attempt to work out a payment plan.  The law firm refused any payment plan.

Bob Holstein’s position was, he had to pay the immediate debts of the law firm, –phone, rent, utilities, salaries, in order to survive.  I believe the Citation forms say a debtor can keep tools of his trade which makes sense because you want a debtor to be able to continue to earn a living to pay all his creditors.

Bob did not take any salary from the law firm after numerous judgments were entered, but he lived off his girlfriend. (Maybe they won’t like that, I don’t know).

While he did take in fees from PI cases, many of those fees were already liened with case expenses or monies owed to vendors.

But one thing he screwed upon was the fact that the law firm gave him a $24,000 bill and Bob did point out that many of the charges appeared to be bogus, if not entirely fictitious.  That should have been challenged, but he was defaulted in arbitration for show up late to an 8 am Skokie call.  Next, he sued the law firm in question because they screwed up his bankruptcy schedules causing the bankruptcy not to be discharged.  Of course, the law firm successfully put the blame on Bob and the malpractice case was eventually dismissed.  But the most interesting point is that they then sued Bob, while Bob’s malpractice case was up on appeal, for the legal fees and got a judgment!  Bob should have alleged res judicata or collateral estoppel. This was same series of transactions, same facts and same parties, and I know there is an Illinois case (I can get it for anyone that wants it) under nearly the same facts.  In that case, an attorney worked at a firm and gave them her personal case.  The firm screwed up the case.  She quit and sued them for malpractice and lost.  After that, the firm sued her for fees.  The Illinois appellate court agreed the case was barred by Res Judicata because the fee claim should have been brought as a counter claim in the malpractice case.

Should be an interesting decision.  It would be fun to call the atty ethics hotline and ask what they recommend about judgments and paying them if you don’t have the funds.

I also wonder about the argument that Bob had a gazillion other creditors he had worked out payment plans with and was paying, and why the heck would a lawyer favor a law firm for monies owed over other creditors.  Typically, no one cares about debts owed to a law firm over other debts, and that’s just as it should be.

The most interesting part of the entire proceeding is that it is “Karavidas” like in nature.  Karavidas makes it clear the ARDC is not to go after attorneys for personal issues that are not part of their atty-client duties, right? In the Karavidas case (published elsewhere on this blog), Karavidas was appointed an estate representative and took money out of the estate as a personal loan, but did pay it back. That was breach of fiduciary duty and self dealing–typically fairly serious in nature, but no, SCOI said no harm no foul and Karavidas could not be disciplined because he was not the atty on the case.

But here is what the hearing board and the ARDC attorneys said about Karavidas today.  (it was like they were in unison spoon fed the meaning of the case without actually reading it).  They said during Bob’s trial that Karavidas did not apply to him!  They said that an attorney for sure can be disciplined for personal activities not part of attorney client duties because (get this), all Karavidas said was that the ARDC had to make its pleadings more specific and link an activity to a rule violation.  They said that Karavidas did not say the ARDC could not discipline an attorney for private or personal activities conducted outside an atty client relationship because (get this one)–you can still discipline an attorney for criminal conduct not part of an atty client relationship!

An amazing and creative rendition of that case.  In fact, that alone made it worthwhile for me to watch that case for about 2 days.

As creative as these trials are, they should all be taped.

Next fun thing about the trial is how I like to go to these trials and observe and blog.  Apparently the ARDC doesn’t like that because they covered up all the outlets in the galley!

ARDC-no-outlets

So if you want to blog all day, bring all day batteries and a fully charged laptop.  The ARDC still does not feel it has sufficient transparency and accountability to promote or even merely allow blogging and note taking in it’s hearing rooms!  I for sure would never be proud of that.

Last point is, that Bob Holstein (age 78) was clearly an emotional wreck over all these ARDC proceedings and did not have counsel.  We all agreed that the ARDC should have public defenders or low cost defenders for those attys that cannot afford counsel or cannot find counsel.  No attorney should be alone during these trials either, that’s why I was there.  Had I more time, I could have organized more people to go. The ARDC provides a list of 30 alleged “ARDC defense counsel” but if you call, email or fax them only about 5 respond, and of those no one wanted my case because it was a “blogging” case and no one knew anything about that.

I propose the ARDC, with its nearly $400 per attorney per year fees set up a public defender or low cost legal assistance program.

joanne

From Ken Ditkowsky–on making the lies unprofitable thru exisiting government agencies

The Rape of the Ward

The assault on the First Amendment that has been promulgated in these guardianship cases by the Courts, the attorney regulators, the media, and others is particularly reprehensible.    It not only aids and abets the railroading of many seniors and disabled people into guardianships wherein they are segregated from their families, stripped of their liberty rights and their prior rights as they savings are redistributed to court appointed favorites.    These are the elements of elder cleansing when coupled with the assisted involuntary suicide of the ward.    The Code of Silence has allowed thousands of disabled and senior citizens to be ‘elder cleansed’ and their estates ravaged.     Billions of dollars have found their way from these incompetency estates to the miscreants and the other beneficiaries of this patronage.
What is most surprising is the fact that the tax man (Department of the Treasury/Illinois Department of Revenue) has not made this situation unprofitable.     As victims have pointed out, the guardians must file annually Internal Revenue form 1041.    That form discloses all the income (i.e. benefits from all sources) that the estate has earned and is entitled to, and all distributions.    As a fiduciary owes the highest level of loyalty to his/he ward this form must be filled out honestly and candidly.   Thus, even though the Judge who meted out the patronage of a guardianship is willing to overlook an incidental remuneration of a referral fee that the guardian obtained when he recommended that the ward be placed in a particular extended care facility, that fee is a rebate to the estate and must be reported on the 1041.   If the guardian pocketed the referral fee it is also income that has to be reported on the 1040 tax form.
Similarly, the State tax people are entitled to the tax on the referral fee that fraudulently found its way into the pocket of the guardian or other fiduciary.       A non- fiduciary can earn a referral fee, but, a fiduciary is required to pay the fee over to the ward.    (This theft apparently has been sanitized by the Illinois Attorney Registration and Disciplinary Commission administered to be Jerome Larkin.   Larkin was aware or should have been aware of the referral fees paid in the Alice Gore case, but, for the attorneys who receive guardianship patronage it is the policy of the IARDC to ignore their felonies and prosecute any attorney who complains to law enforcement concerning the theft)
Recent events in the Mary Sykes case are illustrative of the principle that I wish to illustrate.     Mary Sykes owned a very valuable parcel of real estate in Norwood Park.    Developers have been seeking the property for years and prior to Mary being railroaded into the guardianship (in the height of the downturn in real estate values a valuation of $700,000 was obtained.    Recently it was learned that the guardians sold the real estate for a price of less than $300,000.00.   For the purpose of illustration let me set the price at $300,000.00 and the value at $700,000.00.    Let us also assume that appropriate notice, hearing, etc. appear in the record.
In our hypothetical the fact that the Court approved the sale does not obviate the breach of fiduciary relationship.   The Judge acting either in concert or in violation of his oath does not bind the taxman nor does it obviate the rights of the estate to address the fraud that has occurred.    The future profit on the sale of the house is still the absolute property of the ward.    The amounts allegedly stolen from the estate by the guardian are income to him/her when the wrongdoing occurs and the taxes are immediately due.   The 1041 to be filled in correctly must report the transaction as it is, not as it is fictionalized.   To do less is tax fraud and a felony.    If the guardian has a change of heart and decides to honor his/her fiduciary duties, the gain still must be reported, but the timely reimbursement is a deduction.
A pre-Operation Greylord scandal was the appointment of receivers.   They like the disabled person and other guardians had their accounting rubber-stamped so that millions of dollars in real estate disappeared.    The fraud of these receivers went unpunished for years.    Hopefully the guardianship frauds will receive their due attention sooner rather than later.
The Mary Sykes hypothetical is not finished until by a series of mesne sales the full value is obtained in an ultimate sale to a developer or ultimate purchaser.    In the receiver cases the first sale was (like Sykes) for an amount that sounds good but is a real bargain.   The purchaser is a ‘controlled buyer’ who I refer to as a nominee.    To establish in the public mind that the sale is legitimate and to ‘cover up’ the fraud (and protect the rubber stamp judge) a second sale is promulgated.    In that case the price would be an amount in the neighborhood of $250,000.00.     This sale is conducted with fanfare!    The property is even adorned with ‘sold’ signs.
Clandestinely a sale is conducted in which the full price is obtained (hypothetically $700k,)       When the drawings are completed, condo declarations prepared, financing obtained etc. – about a year or so later, this sale is consummated and the miscreants pocket their profits and report them as capital gains.     Not one dime goes to the ward!    This is the rape of the ward.     (In Sykes we have other irregularities but personal property does not track in the same manner as real estate).
With political clout flying high over-head the miscreants have not only cheated their ward, but the taxman.    The proceeds of the theft from the ward’s estate is not a capital gain.   It is ordinary income!    That income was due on the individuals 1040’s in the year of the theft.    The 1040 also should have disclosed the theft on that year and subsequent years any conscience payments.
If the taxman is blind to the political clout and the ‘cover up’ by the judicial officials as the taxman is supposed to be, a 50% tax penalty should be assessed as well as interest at the statutory rate against the miscreants collectively and severally based upon the 18 USCA 371 conspiracy.    Pursuant to ADA and other laws the Justice Department should demand the return of gain to the Estate.   (NB  – a similar result should occur as to the referral fees that are routinely paid by the nursing homes, hospice entities, etc to the fiduciary who refers to the health care provider his ward as a consumer)
Exactly why elder cleansing gains are not taxed and law enforcement (and the media) are so resistant to protecting the elderly and the disabled is a mystery that will have to wait for a while to obtain the answer.   I wrote Mr. Larkin the IARDC a safe harbor letter so as to ascertain if Larkin and his merry crew were interested in protecting the public – Larkin by his silence indicated that he conceived his duty to protect the people carrying on the War against the Elderly and the Disabled from the public.    It is understandable in Cook County, Illinois – John Q. Public has no funds to wire anything!
Ken Ditkowsky

From Judy Ditkowsky–what is really going on with the drug Cartels in Mexico

Read the article and you will see direct parallels to what is going on in probate, the zoning board, hospitals, senior centers, “in home” and “in institution” senior/disable servicing–you name it.

Direct Parallels.

1) Don’t fight with the authorities, instead recruit them (the higher the better) to be your enforcers.  In the elder cleansing model, that means recruit certain doctors, tied in agencies (you can never get away from them, they’re on secret lists) be sure all the lawyers are ex-states attorneys or ex-Office of Public guardian so no matter what they do, no one will prosecute their buddies or alumni, also keep them on secret lists.

2)  give the appearance of “all is well”, discount deaths as being something else or for the good of keeping the community safe.  The deaths of Lydia Tyler, DB, Steven Jaycox, Alice Gore will never be investigated because the attorneys involved (“the enforcers who came from the dark side) are all operating with impunity.  No one cares that Alice Gore had her 29 gold teeth pulled about 3 years ago right before she died and no one will exhume that body.

3) When confronted, denigrate and spread rumors about your opponent which are carefully crafted to defame them through “enforcer channels”–the local police, whatever it takes.

thanks Judy, I learned a lot.

JoAnne