New Illinois Eavesdropping Law covers up corrption

I believe this is the current version of the bill signed into law by Gov. Quinn.

Click to access 09800SB1342ham006.pdf

Very troubling about the bill is that it actually solves no problems and creates more.

First of all, as any honest Chicago lawyer or judge will tell you, or a litigant, the issue of altered court transcripts is huge.  Mine were altered at my ARDC trial.  Judge Stuart then about 6 weeks later “suddenly retired”.  Coincidence?  I think not.

In jurisdictions where the public are allowed to record the police, the incidence and costs of altercations litigated between the public and police drop dramatically.  Ditto for use of police cameras in uniforms and in the cars.  No surprise there.

Recording only help honesty, it does not help a crook.

The question is, who is putting the anti-recording measures in these bills and what do they have to hide?  Why won’t they let Illinois drop down or out of “most corrupt” state in the nation.  Is it really so very hard to be honest for Illinois public servants?

Let’s face it, you write an email, once you hit “send”, it’s gone.  You no longer have control over it.  You make public statements, they should be recordable as news.

What the Illinois legislature doesn’t get about that, I don’t understand.

The public has to be allowed to record in courtrooms and with the police.  The police are not special, but non-recording makes them special–and vulnerable to charges of corruption.

JoAnne

Time to declare ABA model rule 8.2 unconsitutional!

From the attorney blogs:

http://disbarringthecritics.blogspot.com/2014/02/commentary-to-model-rule-limiting.html

http://apps.americanbar.org/litigation/litigationnews/top_stories/100512-sanctions-free-speech.html

http://work2bdone.com/live/

Lawyers are beginning to report on their blogs that ABA Model Rule 8.2 saying a lawyer cannot:

Rule 8.2: Judicial & Legal Officials

Maintaining The Integrity Of The Profession
Rule 8.2 Judicial And Legal Officials

(a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.

Is now only being used to silence lawyers that are reporting on corruption in the court system, and in particular, probate.

From the blogs, it is widely reported that the rule was simply “thought up” by the ABA, it has never been passed by any state legislature, federal legislature, and there were no public discussions, legislative history or studies of any kind–and especially those that would look at the chilled speech it created, or what effect it might have at all on the First Amendment.

In other words, it was promulgated in a vacuum, has never been properly studied, and it certainly does not comply with the precepts enumerated in Alvarez, Citizens United and any of the very far reaching recent First Amendment cases that SCOTUS has now mandated as law of the land.

Lawyers are starting to widely and publicly complain all the rule is being used by is miscreants for their own personal felonious nests and featherbedding–something the rule was never intended to do.

The ABA took down about 1/3 of the blog it ran on my 3 year suspension, and has not responded to my direct communication to them, even tho it sent me an auto responder it would.

I also don’t see the comments back up.

What sort of an organization is the ABA and just whom is it protecting from what?

ABA model rule 8.2 needs to be put out with the trash in light of Alvarez, Citizens United, Snyder, and others that take a very broad view that the public can say just about anything, and even lie, and it’s a constitutional right.  Everything written today is so easily verifiable and researchable on the internet, what possible benefit can there be for limiting free speech?

What protections do lawyers and judges need anyway?  Is it even possible to malign the reputation of an Illinois politician, esp. when so many are in the clink at the present time?

It is even possible to insult a judge or lawyer, other than in their own egotistical minds?

This blog told the story that the Emperor had no clothes and continues to have no clothes.

The ARDC then clings to the optical illusion of clothes in a desperate attempt to justify that fact that there exist dozens of valid consumer complaints of a very serious variety against certain favored attorneys on the 18th floor (Sykes, Cooper, Wyman, Bedin, etc.) that it flatly refuses to investigate, and even worse, they send out nonsensical letters of response worthy of the literary skills of those addle minded by some serious mind altering substances.

Rule 8.2 is then used as a sword to chill free speech–a rule the people never passed, the state legislature never passed, and a rule which most of the Illinois public would claim unfairly protects Illinois judges and lawyers–a group that for certain needs no special protections.

Lawyers have constitutional rights and we don’t leave them at the door.  Honest lawyers don’t want or need a code of silence to protect miscreants.  Honest lawyers don’t go after other honest lawyers.

Mr. Steven Splitt has now been replaced as litigation counsel on my 3 year suspension as opposing counsel for the Review Board.

My message to him today is loud and clear:  you are violating my constitutional rights with a “rule” that was never studied, never passed by any legislator, and was implemented without public discussion.  It is now only being used as an excuse by the ARDC to cover up serious issues that it refused to investigate on behalf of the public, leaving dozens of lawyer victims in its wake.

This needs to stop.

Mr. Splitt, you now need to figure out your own karma, your own ethics and morals.

If I were you, I would just quit rather than prosecute an honest attorney.  You can come work with and for me. There may not be much money, but you can start to heal the karmic damage done the ARDC to the likes of Sykes, Bedin, Gore, Tyler, Drabik/Richards and others who have suffered years of horrors on the 18th floor and in other Illinois court rooms.

Or not.  Your karma is only your business, but those experienced in karma, will tell you that the longer to wait to fix your karma, the more of a b**** she will be when you get there. And there is absolutely no avoiding Ms. Karma–she will hunt you and track you down to the ends of the earth and back again.  There is no where to hide from her.

Please join with me in demanding that the ARDC rescind Rule 8.2 so it can start doing it’s job of actually reading the blogs, hauling in miscreant attorneys and disciplining them–the job which was its original mission.

I am doing the work for free now.  I serve probate victims for free or low cost.  Mr. Splitt, now you can do the same.

I promise to make room for you.

Sharon Opryszek has turned me down, Leah Black has turned me down, Melissa Smart has turned me down, but you have a new opportunity to walk with the angels and do a whole lot of good in Illinois, publicly one of the top most corrupt states in the US>

joanne

PS–and today I was supposed to give “a statement” to Ms. Opryszek at 1 pm about another case where the lawyer was acting like a total miscreant and ruined the life of my client for months.  I discussed his bar complaint which he so richly deserves and next thing you know, SO is saying I can’t say that.  I withdrew the email and apologized, but now Ms. Opryszek is demanding documents that don’t exist and that I don’t have and insisting that they must be there.  Turns out she has no idea what the definition of “clipboard is”.  she probably thinks it’s an ISIS torture device.  But what was she doing at 1 pm when she was supposed to be doing my statement?  Eating birthday cake.  That’s right.  And the ARDC operators were on the phones telling everyone about how Mr so and so was in a meeting.  Not.  They were all eating birthday cake from 1 to 1:30.  Then Ms. SO rounds the corner, chewing me out for documents I don’t have and I told her so and then she leaves.  Whew.  The song “Happy” was playing when I got into the car so I knew there are no coincidences.  What obnoxious, rude, insulting behavior.  Her attitude clearly was bordering on “if you don’t have it, you better make it up–or else because you’re on my ‘go after’ list.”  She can stuff her ‘go after’ list.  I’m not interested.

Here’s my response to Ms. SO.  No.  I won’t make up your crappy evidence you want, no matter how much you insult and berate me.  I am an attorney and you can’t insult, berate, extort or coerce a good attorney into lying for you.  Not you or good Lord Larkin himself will get me to lie to make your jobs easier, so just lay off.  You might have gotten away with that with poor Ms. Justine McGinty, but I am not a 19 year fresh out of the country girl.  You should all be ashamed of yourselves.

And that other attorney deserves a big hefty bar complaint against him and I’m saying it again.  the judge wouldn’t sanction him,  so I have no idea why you are all getting involved.  You want to hide behind rule 8.2 so I can’t talk honestly to this other attorney, so be it, but I see no reason to give credence to a rule that was made up without any studies, information or evidence it does any good other than to harass honest attorneys.

JoAnne

From Ken Ditkowsky — when due process, the US and State constitutions become “mere technicalities” to be swept away by errant courts

One of the major problems that the friends and family of the designated victims of elder abuse is frustration and the fact that law enforcement moves so slowly.     The adage:  “Justice delayed is Justice denied” is a truism.     How much time does a 90 year old victim have?     If rescued after in the later stages of elder exploitation and abuse what life does this victim enjoy?
The reason that the scam of elder cleansing is so successful is that time is an enemy – not a friend.    When a criminal guardian (usually a guardian ad litem) tells the Court that the family and friend agitate the victim, and the unthinking (and therefore corrupt jurist) orders supervised visitation a/k/a isolation. The victory of evil over the Americans with Disabilities Act, the Constitution of the United States, the Constitution of the State, and the Rule of Law is almost a foregone conclusion.      The simple order entered by a corrupt jurist separates the victim from his, her former life and defeats any reasonable accommodation for any disability that might appropriately be addressed.     For instance, in the Mary Sykes case the simple order of Judge Connors (entered without the required jurisdiction or hearings) removed Mary Sykes from her home, her church, her garden club, her sewing jobs, her mobility (and her vehicle), the companionship of her two elderly sisters, the companionship of her younger daughter, including trips and vacations all over the United States.
For Mary’s liberty was substituted drugs reasonably calculated to turn her into a zombie, day care facilities with little or no stimulation, and the unlimited and involuntary distribution of her estate to the elder cleansers.     Even her pet (dog) was taken from her.    Stimulation (i.e. social intercourse with family and friends who were her companions before she was involuntarily restrained) in the words of Cynthia Farenga – agitated her!    Indeed, had she not been competent she would not have been agitated!    An honest and competent jurist would have recognized that agitation was the expected and predictable reaction that involuntary incarceration in direct opposition to the Core values of America.     The more competent the victim the more agitated they would be expected to become!
The same game plan is reported in just about every one of these elder cleansing cases!      The supervision by the Court appointed miscreants is reasonably calculated to thwart any ADA reasonable accommodation that the elderly or disabled person might accidentally receive!      In Mary’s case separation for the stimulation that the younger daughter provided was a major blow to Mary.     A goggle search of Mary G. Sykes turns up Newspaper articles demonstrating how vital a person she was even at 90.     (She even visited President Clinton!)     Her long term relationship with her sisters was terminated by the void order of Judge Connors doing both sisters severe harm.     As Peter Schmiedel pointed out “ Mary is making wonderful progress!”
When one judge after another refused to address the violations of law that are obvious to everyone time and time again not only is Justice denied, but a serious ISIS type assault on the Bill of Rights is promulgated and carried out.     Even though 755 ILCS 5/11a – 3 (b) reminds the legal eagles of the very very  limited jurisdiction that is provided a guardian as the legislature recognizes the guardianship has infringing on Civil Rights not only is the mandate “reasonable accommodation) ignored, but,  total usurpation of Human, Civil, Liberty, and Property rights removed.
 In Mary Sykes case the Jurisdictional criteria were all sweep aside as technicalities!      For instance, 755 ILCS 5/11a – 10 sets out each criterion.     It states in detail (including how the printing is to long) as to a summons.     The Circuit Court clerk did not bother to print a summons meeting the criterion prior to Mr. Larkin and the IARDC jumping in to aid and abet the criminal conduct.      The Sheriff wrote that he had no record of service of summons so it really did not matter what, if anything, or whether Mary was served with Summons – she was designed to be a victim and as the Court intended to act illegally and contrary to the Constitution – indeed, one fraud on the court more or less did not matter to the elder cleansers and those who acted with them to obstruct justice.  (NB – so that no one forgets – pursuant to 18 USCA 4 I report Mr. Larkin’s felony to the Department of Justice as he acted in concert with the miscreants.  18 USCA 371.    18 USCA 1341, 18 USCA 242)
In a similar manner 11a – 10 requires the close or near relatives to be served 14 days prior to a hearing on Mary’s competency with notice of the aforesaid hearing.     As the miscreants had no intention of allowing such a hearing there was no need to serve the jurisdictional 14 days prior notice.     It thus was ignored!    As Judge Connors pointed out – the same result would have been had whether or not the law was followed!     The need to elder cleanse Mary trumped the Rule of Law.     It should be noted that the three guardians and their attorney admitted that Mary’s two sisters were not disclosed in the Petition for Mary’ to be railroaded into  guardianship and were not notified of any hearing – as no hearing was held so as to determine 1) whether Mary was incompetent and 2) the extent of any infirmity notification.    The corrupt Court signed an order appointing a guardian.
It should be noted that family came to the Court house believing that a hearing was to be held on Mary’s Petition for a Protective order (based upon domestic violence of the Petitioner seeking to be appointed guardian ).     It has been reported that the two guardian ad litem and the attorney for the petitioner just prepared an order appointing a plenary guardian and the presiding judge just rubber stamped it.      Any attack on this extra-judicial procedure was meet with threats of sanctions, Illinois Attorney Registration and Disciplinary Commission sanctions – such as suspensions and disbarment!      This was no idle threat.     Kangaroo Commissions were available to demonstrate that Justice in Illinois was what Jerome Larkin said it was!     The United States Constitution, the Illinois Constitution, the Rule of Law and Justice were merely technicalities.     So confident were the conspirators (18 USCA 371) that they decreed that Mary’s younger daughter was bi-polar because she protested the felonies being committed openly and notoriously.
Of course it should be noted as late as December 29, 2014 another of the probate judges when faced with the ADA claim of the younger daughter as to a disability the younger daughter (Gloria) was at the urging of the very people who claimed prior that she was disabled objected to a reasonable accommodation.    GAL Adam Stern authored the order denying the relief that Ms. Sykes requested!     Mr. Larkin’s cadre of aiders and abettors have been  placed of record  –   senior attorney for the IARDC wrote that Adam Stern had been appointed as Guardian ad litem for the younger daughter and therefore the Commission could not engage in an investigation of the ‘elder cleansing’ that was reported. [1]      These miscreants are paid with public funds!
The record in the case of Mary Sykes 09 P 4585 (Circuit Court of Cook County) verifies the statements that I and others have made concerning this abortion of Justice.      Mr. Larkin by suspending my law license for four years and threatening JoAnne Denison with suspension for three years ****  thought that he could intimidate us and eliminate us from standing up to his comrades prosecuting the War against the elderly and the disabled.       Every day we and others are recruiting citizens to man the barricades and resist the American holocaust directed against the elderly and the disabled.     We will continue this quest until Mr. Larkin and his comrades assaulting the elderly and the disabled are brought to Justice and an elderly or disabled person can enjoy the fruits of America citizenship!
Recruitment of legal talent is not easy for the victims of elder cleansing and their families.   Lawyers are intimidated by Larkin and do not want to sacrifice their law licenses for 90 year old victims of elder cleansing.     Lawyer reason that the elderly will die soon anyway!     It too bad!   But why must I place myself on the line and risk losing my ticket to practice Law.     Indeed, such thought is justified.   Do you see the American Civil Liberties Union leading the fight against this horrendous demonstration of disrespect for Liberty?     Do you see the Media decrying the assault on America?     Do you see the Sheriff of Cook County ordering the arrests of jurists who in the presence of his deputies act well beyond their authority and approve of the harvesting the gold from the teeth of an elderly guardianized victim.  Most people have grown up with the caveat – “do not volunteer!”         Health care fraud has a surcharge of 300% and thus the miscreants are flush and have money to distract the cause of Justice and the Rule of Law.     Thus, most victims lie in their own urine in ‘extended care’ facilities doped to the gills as their hard earned savings and assets are redistributed amongst the guardians and those allied with them.    Law enforcement is aware that it has the burden of proof of “beyond a reasonable doubt” so it painstakingly gathers the evidence that crimes have been committed as the victim go to their final rewards!
The families of victims are desperate!     Mary Sykes is not going to live forever!     The plenary guardian is now so bold as to openly exhibit the redistribution of Mary’s estate by sporting expensive jewelry!     The younger daughter has filed judicial proceedings pro se.     Finding a lawyer to represent her is slightly less difficult than obtaining a Motel reservation on the moon for New Year’s 2015.
What can the victims do!    What can their families do?     The desperation manifests itself in rehabilitating action that makes the advocate appear as a ‘kook!’       This conduct accelerates and ultimately eliminates the advocate from all sympathy of his/her peers*****      The miscreants glory in the spectacle.     Any chance of accomplishing the rescue of a ‘loved one’ entrapped by the cottage industry of elder cleansing is lost irrevocably.      Others join groups that profess to be fighting for Freedom of Speech, Civil Rights, etc.     Some of the groups actually are engaged in such activities; however, there appear in some prolific individuals who are using these groups as cover from racial cleansing, religious cleaning and conduct inconsistent with the core values of America.     Thus, indiscriminate associations also claim casualties that obstruct the cause of justice.
Since I have undertaken this fight as a full time matter I‘ve seen many fine people engaged in the defense of America’s core principles not only in the elder cleansing fight but in the outrage against the ISIS assaults on the Bill Rights self-destruct.     I’ve also seen individuals arise who are not interested in Justice but are interested in using the group to promulgate a parochial bias, malady, etc.     I had to block several individuals who advocate that certain religions and races are the root of all evil.   You name the evil and they will name the religious or racial group that they decree responsible.       Hate sells easily and these individuals are persistent marketers.      They and the elder cleansing miscreants share disrespect for Justice and Honor.
Guilt by association is alive and well in America.       Many of us still believe that “birds of a feather flock together.”    Many of us do not see the color “gray!”      We see only “justice” and “injustice.”       In addressing criminal conduct on the part of corrupt judicial officials and corrupt public officials the concept of “any port in a storm” is not appropriate.        “Hurt feelings” is a luxury that is unavailable.     For the bulk of the friends of the elderly and the disabled we are limited to that HONEST complete and comprehensive investigation.  We have to rely upon law enforcement – even if it takes a long time!      I’ve placed my faith in the Justice Department and Senator Kirk.      I’ve done this because I recognize my limitations and that it appears in Illinois that the ‘ fix is in!’      I learned a long time ago that when the ‘fix’ is in you have to ride it out – Benjamin Franklin’s picture on a treasury note is much more persuasive than “little old me!” [2]
The miscreants are looking for any excuse that they can muster to continue on their very lucrative quests.        Being able to discredit us is a winning strategy.       Our cause is just.      We however are imperfect and impatient and like our children we have been trained to want instant gratification.     It is not going to happen.      The pernicious public officials engaging in the cottage industry of elder cleansing are entrenched and flush with the live savings of their victims.      I’ve been reminded many times that Eric Holder (AG) many times has demonstrated that he is a fighter for Justice and a standup guy.    He is reported to have prosecuted Representative Daniel Rostenkowski, the speaker of the House of Representatives for stealing postage.      He and his successor are our hope that we can save some of the elderly and the disabled who are in dire straits.
Victories are fleeting, defeats are forever.     We need a victory.       The Honest intelligent complete and comprehensive investigation that Jerome Larkin of the Illinois Attorney Registration and Disciplinary commission so vigorously opposes would be a first step victory!     Tax enforcement and seeing the miscreants pay the Federal Income taxes that they owe would be a first step victory!

[1] 17 days later after the younger daughter threatened suit the outrageous prevarication became a ‘typo.’   
[2] As I indicated previously bribes no longer are regularly paid in cash.    Corruption is not only the payment of money.    Yes, it usually boils down to a pecuniary gain – however, corruption also includes accepting (or placing) an individual in a position for which he/she is unqualified.     A judge who does not read the statute that she is administrating is corrupt!    A lawyer who ignores the Constitutional mandates is corrupt.   A lawyer who refuses to recognize ADA is corrupt.*****

From Ken Ditkowsky — his view on assults against the ADA and the 18th floor of the Daley Center

From: kenneth ditkowsky
Sent: Dec 30, 2014 6:46 AM
To: Eric Holder , Probate Sharks , “JoAnne M. Denison” , Tim NASGA , Nasga Us , “J. Ditkowsky” , Matt Senator Kirk , “FBI- ( (” , Chicago FBI , BILL DITKOWSKY , Chicago Tribune , SUNTIMES , Janet Phelan , Ginny Johnson , “ComplaintAdmin ADA (CRT)” , Cook County States Attorney , Barbara Stone , Bev Cooper , FOX News Network LLC , Diane Nash , Scott Evans , Fiduciary Watch , “Y. ACLU” , Illinois ARDC , ISBA Main Discussion Group , Edward Carter , Cook Sheriff , Harry Heckert , Glenda Martinez , “tips@cbschicago.com” , “Mr. Lanre Amu — Honest Atty Unfairly Persecuted By ARDC” , The Wall Street Journal , Sam Sugar , Rabbi Moshe Soloveitchik , Eric Blair , “JoAnne M. Denison” , RosANNa Miller , “Jim (” , Alyece Russell , Martin Kozak , Len Holland , Elaine Renoire , Candice Schwager , Tom Fields , Martha Jantho , Rudy Bush , Nancy Vallone , Kathie Bakken , Robert Sarhan , Wsj Lts , “Truthbetoldradio (” , John Howard Wyman , Jay Goldman
Cc: “adacoordinator@illinoiscourts.gov” , Mary Richards , Doug Franks , ACLU of Illinois , “information@iardc.org” , “illinoislawyernow@isba.org” , “ABAJournal.com”
Subject: Americans With Disabilities Act – and the Illinois credo – “do not confuse me with the facts, I’ve made up my mind” erstanding that Judge Evans, the Chief Justice of the Circuit Court of Cook County made a special effort to require the Court system to comply with the Americans with Disabilities Act.    The Justice Department made in very clear to the Indiana Court system that ADA had meaning a harassment of disabled people (including those who were blind and deaf) were entitled to reasonable accommodation.

Ms. Denison reports today on how a Judge in the Circuit Court of Cook County treated a woman who has a recognized disability.    

**** see post ****

The hostility that is constantly reported by the elder cleansing victims and their families does cease for moment.    The corrupt judicial officials (like Judge M) are as open and notorious as Jerome Larkin and the IARDC in their bias and vendetta against the elderly and the disabled who have been slated for extinction of Civil and Human rights.     Court watchers have reported ex–parte communications between the legal parasites, and corrupt judicial officials.  (Of course the IARDC and apparently the judicial inquiry board do nothing about these communications – censorship and the “exceptions” to First Amendment, and the interpretations of the Canons of Ethics for lawyers apply only to apply to reporting criminal activity involving the Courts.    Operation Greylord was totally unethical in the world of the Cook County, Illinois courts and the IARDC  – however, they very wisely choose to ignore their version of ethics rather than attempt to suspend or disbar the Attorney General of the United States even when he convicted more than a score of judges and forced several score of judges into early retirement.

Now that Ms. Denison has made the events of December 29, 2014 public, let’s see if the court reporter’s notes disappear.    That was the ‘old way’ of dealing with sticky wickets!    Mr. Larkin and the IARDC are bolder – a few words left out of a transcript and a word or two changed accomplishes the same purpose.   (As the Court reporter records the sounds uttered in the courtroom this gambit is dangerous as the changes can be ascertainained.  It leaves a nasty trail.  HOWEVER when pushed by a victim of this wrongful conduct to disclose the recording  it either disappeared, was stolen, lost etc.  We need the Justice Department to obtain the naked recording of not only this proceeding but the questioned misreporting of Judge Stuart’s testimony in the Denison hearings. 

If the law applies to a merchant it certainly applies to the government and particularly the Justice System.    It is time for the law to be enforced and for the Illinois Justice System (and every other State justice System) to comply with the law.   Law is not “do what I say, not what I do!”     Equal protection of the Law is a core value of America!  


 
Ken Ditkowsky
And I would think the investigation of the above court room dramas where Judge M argued forcibly the ADA did not apply to her, grilled a disabled woman, threw out a dog that barked once or twice, ought to be a priority of Chief Judge Evans where the courts are under scrutiny for violations of the ADA (see past posts from the US DOJ emphasizing equal access to the courts and enforcement of the ADA to provide full public access to courtrooms, that translators should be paid for by the courts and that the ADA means seniors should not be marginalized into institutions), should be receiving top priority.
The fact that a sitting judge made fun of myself and Mr. Evans as court room watchers and note takers is also troubling.  Our democratic courtrooms only thrive on being open and transparent.  I have yet to be allowed to use my laptop to blog in 1804.  It always turns into a such a hassle and often detracts from the proceeding when reporting should be seamless.

Can a trained service dog bark under the ADA? Judge Aicha MacCarthy answers the question today, and a whole lot more

Dear Readers;

As you know, there is fairly not much more entertaining than the Sykes case, ARDC decision or not withstanding that this blog is now the MOST DANGEROUS BLOG IN ILLINOIS–and it’s for reporting on the Sykes case.

So, let’s state the facts ma’am and only the facts of what happened to day in court.

1) Gloria files an ADA pleading, and no, I don’t have it yet, but I will get it, I promise.  The essence of the complaint is a) Mary Sykes has rights under the ADA and she is being discriminated against in that b) she is isolated from 20+ former friends and neighbors, including her beloved younger daughter Gloria; c) she can’t live where she wants, which is with Gloria; and d) Gloria’s POA was summarily suspended without notice or hearing, etc.  That’s the gist I got from Gloria today who braved 1804 again, this time with the very formidable Judge M.

2)  We all show up at 10 am, and I would bring out my laptop but I get harassed from the court, AS and PS, and I figure, the ADA is going to be a real kicker out the door today, they’ll hear it first, MOTION DENIED, and I’m outta there.  No reason to fight over the laptop, so I grab some order forms and prepare to take 2 notes:  Gloria steps up, MOTION DENIED.  ADA?  are you kidding on the 18th floor?  What a loser.  Okay, I’m the legal  pessimist today.

3)  Neither Carolyn nor Mary shows up.  No surprise there.

4) AS and PS show up–eventually.  But here’s the weird part.  Judge M keeps on going back and forth from bench to back door, about 3 or 4 times from 10 am to 11 am.  Interesting.  PS is here, but apparently wandering.  AS is waiting, for Godoh, I’m sure.

5)  Finally after about an hour the case is called.  Curiously, Judge M seemed to know where PS was and what he was up to even tho it was not disclosed in open court.  Gloria has been wandering in and out and say PS walked to the back hall and disappears.  Okay, I would put 2 and 2 together, but that takes work.  The ARDC says stuff like that never happens, and Lord Larkin has ruled those are actually 18th floor optical illusions and that’s that.  No more stating the obvious.  Let the reader figure that out.

6)  Right away, the argument ensues between Gloria and Judge M.  It takes on a rather personal, nasty tone for some strange reason.  Judge M declares “no dog and this is my courtroom.”  Gloria retorts with the ADA and the dog is not a service dog like one for the blind or deaf, but a working dog and it is covered under the ADA.  Gloria repeats firmly 1)  I have a disability; 2) the dog mitigates my disability.  Judge M says you have to also assert training.  Gloria:  no I don’t.  Judge M: yes you do.  Gloria:  fine, he’s trained.  Judge M:  Get him out of here.  I already ruled and issued a court order and you’re openly defying me.  Gloria’s friends comply and dog leaves.

So much for that.  I’ve really never seen a judge or any court employee challenge a disabled person and grill them, but hey, this is cook county court, right?  We have judges that jail court room observers for pants too low. Got it. Those weenie disableds with all those problems better get their act together and put together a cohesive legal argument and get it done–or else!

Gloria then argues her motion and her ADA claim about her mother and Judge M just says MOTION DENIED.  Finally.  What I came for. There’s no ADA on the 18th floor, not with all those sick people who need to be billed by attys and gotten rid of, right?

You’d think it was the end, but oh, no, there are more points to be made.

A dog bark is heard.  Judge M flies into a flury over how service dogs don’t bark.  Gloria says Shaggy is a working dog and sometimes, yes, they do bark.  I have to agree with that, even tho I don’t have the immediate authority of Google or Wiki, and I’m a reporter at this point, so I have no need to get involved in all that.

But Gloria argues the dog barking point, the working dog point and Judge M kicks Gloria out.  In fact, Judge is fairly rude and condescending to Gloria, like usu., making faces, laughing at times, probate victims know the rigamarole. So do I.  Yawn.

Gloria leaves.

Here’s the weird part.  Judge M then stands up, arms a flying and points at me and yells “And Mrs. Denison, you can go ahead and write down whatever you want in your notes!”  (in a sarcastic condescending tone) (Since when do court watchers get a comment from the judge???  Interesting)  I leave.  I am mostly puzzled and not at all bothered by the comment other than it didn’t seem appropriate from a sitting circuit judge.

Scott reports later that she then turned to him and yelled at him from the bench sarcastically “Mr. Evans, and you too can write down whatever you want to!”

After I leave get in the hall, Gloria bursts into tears.  I comfort and tell her to leave with Shaggy ASAP.  I trust no one, absolutely no one on that floor.

Shaggy gives a few barks on the way out and I guess that was the cue for Judge M to come a flying off the bench, arms waving about the dog that’s never supposed to bark.

But even with all that, Gloria and Shaggy have already made the turn to the elevators.  They are safe.  My work is done.  Gloria would have gone back on the anteroom work bench in silver bracelets and Shaggy down to the pound for assisted involuntary suicide.

Scott says he heard she wanted to put Gloria in contempt again and arrest her (for a barking working dog).

So I close with this article

http://dogcare.dailypuppy.com/can-service-dogs-bark-1135.html

and I suggest Judge M get a 4G wireless table with google to try to keep up on these things.

But we then made it to Starbucks!  Yeah, Starbucks.

But then a guy in a sheriff’s white shirt and a gun walked up to Gloria and said “lady, is this your dog, you ain’t blind or nothing, he has to leave.”

Groan.

One of our party that shall be kept nameless simply said, “officer, are you trained in the ADA?”  “Well, actually, no I’m not.”  “But you’re a deputy, right, with over 200 hours of training, right?”  “Okay.”  “Maybe you ought to think about getting some ADA training before you talk to this young lady about her dog, okay?”  “Okay.”

He left to give directions to a kid.  Good idea.  He’s trained in getting that kid to the State of Illinois building in the pedway.  Good choice.

JoAnne

More on the US DOJ and the ADA and keeping seniors out of institutions:

Click to access doj_hhs_letter.pdf

What a nice holiday present from the US DOJ that recognizes the importance of keeping seniors out of institutions that do not want to be there and that the ADA IS in fact meant to accomplish that goal.

So far, it has been my experience in the Illinois court system they are basically ignoring the ADA when it comes to putting a senior in a nursing home versus his own home (Frake).  Chemical restraints are common to accomplish those goals, even though illegal (Wyman, etc.)

Let’s hope the US DOJ can put out more guidelines and help seniors use the ADA to stay in their homes, avoid chemical restraints, and have freedom to choose their POA and caretaker (Thomas, Sykes) without interference from the state.

JoAnne

An open letter to the ABA on removing supportive commentary on the article regarding the ARDC’s (flawed) decision

Dear ABA Journal Editors:

As someone who runs my own legal blog, I am extremely disappointed by your recent actions, which I believe represent unethical journalism in that you removed about 1/3 of the comments in support that my 3 year suspension by the Illinois ARDC was extremely suspect and wrongful.

Ninety five percent of the entire Sykes family and friends have come to my aide, and continues to come to my aide in supporting my assertions that I have told the truth on my blog, I continue to tell the truth on my blog, and it is the Ill. ARDC that continues to discipline those that report miscreant behavior and strings of felonies against the innocent elderly and their families via the guise of “probate court” and “guardianships” that turn out to be very far from protecting a elderly person–instead they victimize and abuse the elder.  The Ill. ARDC currently prosecutes the journalist lawyer, and not the perpetrators of these grave and serious crimes against our nation’s elders.

The truth in probate across the nation is ugly.  Elders are targeted by hospitals, nursing homes, visiting nurses – and even attorneys, for paid up homes and cars and wealthy elders and then they are railroaded into guardianships (Sykes, Bedin, Wyman, etc.) without jurisdiction, their homes and cars are sold, often at great discounts (in Sykes, the home was appraised for $700k and was sold a couple months later for $238k), and while the attorneys say in court “it’s for the care of the Ward”, often 90% of the fees (or more) go to the attorneys! (Wyman, Sykes, Stone, Martinez/Smith) These seniors are forcibly put into nursing homes where they are isolated (Sykes, Wyman, Stone, etc.) from 90% of former friends and family.  In an incredulous letter from Ms. Stone, a Rabbi was told he could not visit because the daughter asked him to!  I’m not sure if that’s guilt by association or collective punishment, but it’s all wrong and another form of elder abuse.

So many, many victims of this abusive system have come to read and support my blog, that in a very short period of time, I have garnered 70,000 views and the discussions are lively and timely.

I do NOT remove comments from my blogs unless they are spam.  I publish both sides.  And I have to tell you 99% of the feed back is positive of my blog and very supportive.

I would like to remind you of the rules of ethics for journalists:

“Seek Truth and Report It

Ethical journalism should be accurate and fair. Journalists should be honest and courageous in gathering, reporting and interpreting information.

Journalists should:

    – Take responsibility for the accuracy of their work. Verify information before releasing it. Use original sources whenever possible.

    – Remember that neither speed nor format excuses inaccuracy.

    – Provide context. Take special care not to misrepresent or oversimplify in promoting, previewing or summarizing a story.

    – Gather, update and correct information throughout the life of a news story.

    – Be cautious when making promises, but keep the promises they make.

    – Identify sources clearly. The public is entitled to as much information as possible to judge the reliability and motivations of sources.

    – Consider sources’ motives before promising anonymity. Reserve anonymity for sources who may face danger, retribution or other harm, and have information that cannot be obtained elsewhere. Explain why anonymity was granted.

    – Diligently seek subjects of news coverage to allow them to respond to criticism or allegations of wrongdoing.

    – Avoid undercover or other surreptitious methods of gathering information unless traditional, open methods will not yield information vital to the public.

    – Be vigilant and courageous about holding those with power accountable. Give voice to the voiceless.

    – Support the open and civil exchange of views, even views they find repugnant.

    – Recognize a special obligation to serve as watchdogs over public affairs and government. Seek to ensure that the public’s business is conducted in the open, and that public records are open to all.

    – Provide access to source material when it is relevant and appropriate.

    – Boldly tell the story of the diversity and magnitude of the human experience. Seek sources whose voices we seldom hear.

    – Avoid stereotyping. Journalists should examine the ways their values and experiences may shape their reporting.

    – Label advocacy and commentary.

    – Never deliberately distort facts or context, including visual information. Clearly label illustrations and re-enactments.

    – Never plagiarize. Always attribute.

From the Society of Professionals Journalists, http://www.SPJ.com

I do not believe that you have followed some of the above rules, and your removal of comments with facts clearly in support of what I have been doing violates those ethics.  It presents a one sided commentary and reaction to your story.

 In addition, your own “rules of commentary” state as follows

“But there are also limits to that debate. Don’t use profanity or resort to name-calling, threats or personal attacks. Don’t spam the site with advertising. And don’t masquerade as someone you’re not. We reserve the right to delete comments that are inappropriate and block users who consistently violate our policies.

By posting a comment on this site, you are agreeing to follow the ABA’s Code of Conduct and allow the ABA Journal to reprint your comment in all forms of media at any time.

If you believe a commenter has violated our rules or if you spot an error in a post, please let us know.”

By removing the comments, it appears that the posters (who support my cause) have engaged in name-calling, threats or personal attacks, or have spammed the site or they are someone they are not.

I have never removed a comment from my blog.  I might respond with my own commentary, but my blog is open and honest and transparent.  I published the facts.

You published an article without even a scintilla of research from other lawyers involved, the family and friends of Mary Sykes, and you didn’t even look at the pleadings and the record on appeal with respect to Mary’s case.  It’s right on my blog.  In addition, you didn’t even review the court file or records. You just published what the ARDC did and you did no investigation of the fact yourself, even though they are all on the blog.

You should read the briefs and the pleadings that Ken Ditkowsky and I have filed in numerous cases against the miscreants.

You will then find that the Sykes case 09 P 4585 was a sham, Mary’s home appraised in one month for $700k and then was sold a couple months later for $238k because “it was for the care of Mary” but the attorneys involve have asked for and obtained at least $150k in attorneys fees, if not more.  The younger daughter, Gloria, held a valid POA for health care that was summarily invalidated by the court without notice or hearings, or any findings–in derogation of Illinois law, and there is no evidence of service upon Mary Sykes, either in the court file or the Sheriff’s department.  In fact, Sheriff Dart even wrote Ken Ditkowsky a letter that no evidence of service can be found!

The entire case is just about the nadir of the legal profession, and then the ABA goes and abuses the Sykes family all over again by removing positive commentary from the public, friends and family of Mary Sykes that the case contained dozens of procedure defects rubber stamped by judges (Conners and Stuart).  Stuart suddenly retired after lying at my ARDC trial.  You want a good investigative story, here’s a few:

1) Ask Jerome Larkin why he and the attorneys do not Ethics Report yearly, even though this is required by the Illinois Ethics Act of 2009.  (NB – JL may claim the ARDC is not a state agency, but in the cases Mr. Ditkowsky and I filed against the ARDC they responded they have immunity as a state agency.  Go figure).

2) Ask JL why he has large mortgage payoffs on his home, Melissa Smart’s $250k condo was paid off and others at the ARDC have had their mortgages paid.  Ask them who is paying those large sums directly to the banks of the attorneys involved.

3) Ask JL why they do not report staff salaries at the ARDC as other state agencies all do.

4) Go and see the videos of Mary G Sykes at http://www.vimeo.com as see how Mary Sykes clearly displays high cognitive brain function during the months surrounding her guardianization, causing one Cook County Judge to proclaim to Gloria, “Oh, my goodness, this woman is clearly competent.”  He had been a probate judge for a long time and was familiar with who was competent and who was not.

5) Go and look at the “Table of Torts” on my blog, http://www.marygsykes.com for more egregious errors and the railroading of Mary G Sykes, and when you are done with that, I have at least a dozen more cases.

And the public wants to know why and how this is happening.

Please put back the comments that “someone in power didn’t like” and show that you are not a corrupt organization.

I would also appreciate an apology for 1) making the comments one sided and 2) your reporter’s failure to conduct an appropriate investigation by reading the blog and the evidence presented on the blog.

If your reporters cannot or will not take the time to fairly, honestly and reasonably conduct an investigation, they should not be reporting on what the Illinois ARDC does.

My blog tells the truth and only the truth.  I publish all the records and all the pleadings, including the Record on Appeal for Sykes.

I would suggest you either withdraw the story, or conduct a proper investigation and tell the truth, starting with, who and why asked that you remove much of the commentary from your blog on Monday morning.  Was it someone from the Illinois ARDC?  Was it Jerome Larkin?

JoAnne Denison

From Ken Ditkowsky–consider the tax consequences

From: kenneth ditkowsky
Sent: Dec 26, 2014 12:29 PM
To: ginny johnson , Barbara Stone
Cc: RosANNa Miller , Glenda Martinez , “joanne@justice4every1.com” , “kev_pizz@hotmail.com” , “tozzolyles@gmail.com” , Robert Sarhan , Doug Franks , Patty Reid , Tim Lahrman , “ken@ditkowskylawoffice.com” , Janet Phelan , Theresa Pizzarello , “iviewit@iviewit.tv” , Angela Woodhull , Sam Sugar , Skender Hoti , Mark Adams , Chicago Tribune , SUNTIMES , “abc.news.magazines@abc.com” , “thisweek@abc.com” , “virginia.moseley@abc.com” , “adam.walser@wfts.com” , Ana Beciana , “barbara.hollingsworth@cjonline.com” , “beltway@foxnews.com” , FOX News Network LLC , “negerp@abc.com” , “neroplace@yahoo.com” , “news12wc@news12.com” , “news12ct@news12.com” , “news12nj@news12.com” , “news@netmio.com” , “news@kshb.com” , “newspath@cbs.com” , “newsrm@woodtv.com” , “newswatch@foxnews.com” , “news@whec.com” , “newsletter@mail.observer.com” , “ontherecord@foxnews.com” , “penny.britell@abc.com” , “reutersnews@msnbc.com” , “scoop@huffingtonpost.com” , “exopolitics@exopolitics.com” , “toastedpecan523@gmail.com” , “themost@msnbc.com” , “dailybrief@huffingtonpost.com” , “nytimes@e.newyorktimesinfo.com” , “newyorklawjournal@alm.com” , “gcoleman@bclclaw.com” , “mikehuckabee@mikehuckabee.com” , Peter Schmiedel Carolyn’s 2nd attorney , Adamm Stern GAL , Cynthia GAL
Subject: Re: predators have to pay US Income taxes

Tax consequences of Elder Cleansing
Al Capone was brought down not by convictions for the crimes that he committed as an ‘outfit boss’ but for not paying the taxes due on his criminal enterprises.    As the history of Operation Greylord revealed the forces of law and order meet extreme resistance from the political establishment and codes of silence imposed by corrupt judicial entities who correctly pointed out that if you punished the jurists and their associates for their crimes you would undermine the justice system.    Fortunately, courage prevailed and over a score of judges became guests of the Department of Justice.
One again Illinois is faced with corrupt judicial officials and once again the self-policing system has failed.     The Illinois attorney registration and disciplinary commission has become venal in its ‘cover up’ of corruption and has actually assaulted the core values of American democracy.     Jerome Larkin has actually been noted to have acted in concert with criminal elements amongst the 2nd oldest profession in direct defiance of 18 USCA 371.     The miscreant elements have openly and notoriously railroaded one or more disabled persons into guardianships wherein the aforesaid senior citizens could be isolated from their prior lives, be stripped of their humanity, and liberty, and have their estates looted.   For illustration purposes the Mary Sykes case 09 P 4585 (Circuit Court of Cook County) is addressed [1] as an illustration.      Most if not all of the ‘elder cleansing’ guardianship cases bear the same deficiencies including those cases originating in States other than Illinois.
The following jury instruction explains that the act of one conspirator is the act of all, to wit:
If these defendants, or any two or more of them, conspired together, with or not with any other person or persons, to excite the people or classes of the people of this city to sedition, tumult and riot, to use deadly weapons against and take the lives of other persons, as a means to carry their designs and purposes into effect, and in pursuance of such conspiracy, and in furtherance of its objects, any of the persons so conspiring, publicly, by print or speech, advised or encouraged the commission of murder, without designating time, place or occasion at which it should be done, and in pursuance of, and induced by such advice or encouragement, murder was committed, then all of such  conspirators   are guilty of such murder, whether the person who perpetrated such murder can be identified or not. If such murder was committed in pursuance of such advice or encouragement, and was induced thereby, it does not matter what change, if any, in the order or condition  of society, or what, if any, advantage to themselves or others, the  conspirators   proposed as the result of their conspiracy; nor does it matter whether such advice and encouragement had been frequent and long-continued or not, except in determining whether the perpetrator was or was not acting in pursuance of such advice or encouragement, and was or was not induced thereby to commit the murder. If there was such conspiracy as in this instruction is recited, such advice or encouragement was given, and murder committed in pursuance of and induced thereby, then all such  conspirators   are guilty of murder. Nor does it matter, if there was such a conspiracy, how impracticable or impossible of success its end and aims were, nor how foolish nor ill-arranged were the plans for its execution, except as bearing upon the question whether there was or was not such conspiracy. 
SPIES v. PEOPLE, 122 Ill. 1, 100, 12 N.E. 865, 914, 1887 Ill. LEXIS 969, 115-116 (Ill. 1887)
On the Civil Side the Illinois courts have ruled that:
the theory of jurisdiction based on the acts of a co[] conspirator   must be that co[] conspirators   are each other’s agents; thus[,] the argument would be that when a  conspirator   commits a tortious  act within Illinois[,] he does so as agent for his co- conspirators , who thereby also become subject to this [s]tate’s jurisdiction.”  Green, 86 Ill. 2d at 440-41, 427 N.E.2d at 1208.

Ploense v. Electrolux Home Prods., 377 Ill. App. 3d 1091, 1105, 882 N.E.2d 653, 666, 2007 Ill. App. LEXIS 1401, 30, 317 Ill. Dec. 773, 786 (Ill. App. Ct. 4th Dist. 2007)
Herein in the Sykes case, therefor the actions Farenga are the acts of Larkin and the other conspirators.     18 USCA 371 is just one of the statutes that affirms this matter.
As fiduciaries even the corrupt judicial officials in guardianship cases and their appointees owe the ward the highest degree of responsibility.    It is an axiom that a fiduciary cannot profit from his relationship with the ward except for legitimate compensation for work done was intended to reasonably benefit the ward’s estate and then only to the extent that the charges for the work are reasonable and the work was indeed necessary to the estate.
The court held that embezzled money constituted gross  income   of the embezzler in the year in which the funds were misappropriated under 26 U.S.C.S. § 22(a) and § 61(a). Both lawful and unlawful gains were comprehended within the term “gross  income .” Congress intended to tax  income   both from both legal and illegal sources to remove the incongruity of having gains of the honest laborer taxed and the gains of dishonest immune. Further, the language of 26 U.S.C.S. § 22(a) and of § 61(a) encompassed all accession to wealth clearly realized and over which a taxpayer had complete dominion.  
James v. United States, 366 U.S. 213, 213, 81 S. Ct. 1052, 1052, 6 L. Ed. 2d 246, 250, 1961 U.S. LEXIS 2014, 1, 61-1 U.S. Tax Cas. (CCH) P9449, 7 A.F.T.R.2d (RIA) 1361, 1961-2 C.B. 9 (U.S. 1961)
Thus, the breaches of fiduciary relationship by the corrupt judicial officials, the corrupt appointees and all who act in concert with them create taxable income and United States Income taxes must be paid in the year in which the particular breach of the fiduciary relationship occurs.
Thus, when a guardian enters the safety deposit box of his /her ward, removes approximately a million dollars in gold coins the guardian creates a taxable event for herself and all who have acted in concert with her.   This includes the guardian ad litem who without knowledge as to what if anything was in the safety deposit box denies that the gold coins were in the safety deposit box.    This includes the attorneys who join arms to prevent public disclosure of the theft including the public official (Jerome Larkin) who attempts to intimidate whistleblowers and retaliates 42 USCA 12203 because of the disclosure of ADA violations.
The foregoing is pretty basic.     If you aid and abet or steal money from a ward if you are a fiduciary you have Federal Income taxes to pay on the proceeds of the theft.    (When you return the money you may get a deduction for the return – however, the statute of limitations is three years.)        We do not have to discuss compensation awarded by the Court – it is clearly taxable when paid [2] .
The question that presents itself arises from the unique nature of the Fiduciary relationship.     No one ever put a gun to the fiduciaries head and required the guardian and those who act in concert with the guardian to serve.      The position of guardian was sought quite aggressively by the individual who was appointed.     This individual knew or should have known that he/she was undertaking a serious position in which substantial expertise is required and absolute honesty and honor demanded.         The guardian and the corrupt judicial officials were well aware that:
No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.”  Union Pacific Ry. Co. v. Botsford,  141 U.S. 250, 251, 35 L. Ed. 734, 737, 11 S. Ct. 1000, 1001 (1891)   V.H. v. K.E.J. (In re Estate of K.E.J.), 382 Ill. App. 3d 401, 412, 887 N.E.2d 704, 715-716, 2008 Ill. App. LEXIS 357, 22-23, 320 Ill. Dec. 560, 571-572 (Ill. App. Ct. 1st Dist. 2008)
guardians are to apply a substituted judgment standard, where they attempt to discern what the  ward would have wished if she were competent, and then substitute that judgment for their own. See,  e.g., In re Estate of Greenspan,  137 Ill. 2d 1, 558 N.E.2d 1194, 146 Ill. Dec. 860 (1990)
V.H. v. K.E.J. (In re Estate of K.E.J.), 382 Ill. App. 3d 401, 418, 887 N.E.2d 704, 720, 2008 Ill. App. LEXIS 357, 35, 320 Ill. Dec. 560, 576 (Ill. App. Ct. 1st Dist. 2008)
The fiduciary (all three guardians in the Sykes case) were aware that the statute 755 ILCS 5/11a – 3 mandated that the guardianship could only address the infirmities, if any, that the disabled person had.   Thus, to know the extent and nature of the guardian’s authority the Court and the guardians each had to know what, if any, infirmity existed at the time of the appointment.   Thus, to have a guardian appointed the Court had to hold a hearing and make specific findings as to 1) that a disability exists, 2) what the disability was, 3) the extent and nature of the disability and 4) what, if any, reasonable accommodation was required to address the disability so that the ward could enjoy the fruits of American civilization.     Without such a finding based upon competent evidence that met the standard of clear and convincing the appointment of a guardian for the ward was and is an invitation to disaster!     In point of fact having no direction that guardian could not make appropriate decisions and ip so facto could not serve.
As a protection for the ward from being railroaded into a guardianship the  Court was required to obtain  jurisdiction over the person of the ward  by the full and complete compliance with 755 ILCS 5/11a – 10 (in Illinois).     Anything short of full compliance did not vest the Court with jurisdiction.     Half price methods of obtaining jurisdiction were and are assaults on the Civil Rights and Human Rights of the alleged disabled person.     As the record in Sykes demonstrates virtually no compliance with the statutory requirements a serious problem exists.   Ex post facto vesting of jurisdiction is a per se fraud.   Jurisdiction is not a technicality!       Without jurisdiction the guardian and the court cannot make any decisions and every dollar of the ward’s estate that is removed is removed without authority and is a theft!!!!    In America strangers cannot access a senior citizen’s bank account and remove the senior’s funds to pay for items that the stranger believes must be spent.      If one wants to be Good Samaritan he/she has to do it on their own expense.
 However, jurisdiction aside the grant of authority is limited by the Constitution of the United States and the State to only those areas of life in which it is necessary to invade to provide the disabled person with the reasonable accommodation of the disability.     In other words – as Mary Sykes had been successfully and appropriate managing her money no guardian was necessary to address those issues.    The fact that Mary recognized the theft of $4000 from her checking account and the fact that a 90 year old woman was no eligible for an IRA account is clear proof that the guardianship was inappropriate as ordered.    The applicant for guardian must prove the extent and nature of the incompetency by clear and convincing evidence.
When coupled with the fact that Mary Sykes today knows the objects her bounty, it is submitted that the guardianship imposed was illegal and a ‘taking’ in violation of the Fifth and Fourteenth Amendment to the Constitution of the United States.      Examining the facts of the Mary Sykes case further there was never any hearing to determine the extent of Mary Sykes’ disability, if any.    Thus to reiterate,  as the proof of incompetency and the extent thereof has to be proven in Illinois by clear and convincing evidence prior to an adjudication the guardianship was illegal and the expenditure of funds of any kind and nature un=necessary and wrongful.
Theft is a taxable event [3] .     It therefore follows that when the guardian transfers the ward out of her home and isolates her so as to separate her from her human rights and civil rights any dime that is used from the ward’s estate is taxable income to the fiduciary de facto guardian.     Similarly every dime of the ward’s funds use is taxable and must be reported on the 1040 tax return of the de facto guardian and his/her co-conspirators.
The doctrine of Constructive receipt is also applicable.       By this I mean, Mary Sykes had over a million dollars of assets that were taken from her by this guardianship.      Is 100% of those assets taxable in the year in which the illegal guardianship is established?      There is an argument for such an approach; however, it fall down when dealing with tangible property.    For instance, Mary owned some real estate.     By false pleadings a judge whose honesty has been questioned entered inappropriate orders allowing for the real estate to be sold at a fraction of its value.     (This property had been previously appraised at $700,000 and the sale price was pegged at less than $250,000).       There is no question that the entire $700,000 is ordinary income at the point of sale in a legitimate guardianship as the guardian is well aware that his nominee sales fool everyone but the Department of the Treasury.     The question however is whether upon receipt of the property the taxable event occurs.
It is my analysis that constructive receipt would apply only to fungible property such as cash, collectibles etc.     The tangible property that is titled in the name of the ward are still owned by the ward until removed from his/her name.
In Summary it is my opinion that the illegal guardianship when initiated is per se a breach of fiduciary relationship and results in immediate ordinary income tax liability for not only the miscreant guardian, but all his/her co-conspirators including the attorneys who are presumed to know that the guardianship for profit (or guardianship for elder cleansing) are illegal and the public officials such as Mr. Jerome Larkin who aid and abet the criminal conduct and who act in concert with the criminals.     This liability encompasses not only the items purloined but all the fungible property that can be converted to cash including but not limited to the funds used solely and specifically for the ward.    (Volunteers who take it upon themselves to impose their will on senior citizens cannot require the aforesaid senior citizens to dissipate their estates at the will and caprice of the aforesaid volunteers who may or may not have a corrupt jurist on retainer).
Like Al Capone’s situation the War on the elderly and the disabled senior citizens may be won by application of the tax code rather than directly prosecuting the corrupt judicial and other officials under the criminal code.     The tax is due when the property is or could have been removed by the fiduciary who has violated his/her duty.    In the Sykes case this is 2009.      There is a fraud penalty of 50% to be applied in every one of these cases, plus interest and general penalties.
Merry Christmas!       It is suggested to the guardians for profit and those who have conspired with them (such as Jerome Larkin) that interest is running as 1040 forms have not been filed disclosing the theft there is no relief from this fraud upon the United States of  America.     The time for filing the appropriate tax reports is now and the time for ending the elder cleansing is now.    The Constitution and the state statutes are designed to protect seniors and the disabled.    The tax laws are designed to tax legal and illegal profits!


[1] Mary Sykes was a 90 year old widow who did her own banking and was active in her garden club, etc.   She discovered that her older daughter removed $4000 from her accounts without permission.  When the daughter was confronted she claimed that she took the money to open an IRA account for Mary.    Mary informed her that she (Mary) was not eligible for an IRA account.    Mary sought an order of protection against the daughter.   The daughter countered with an incompetency petition pursuant to 755 ILCS 5/11a – 1 et seq.  (Guardianship statute).
Question is raised as to whether Mary was served with process.   Certainly the jurisdictional statute 755 ILCS 5/11a – 10 was not complied with as neither of Mary’s two siblings or her younger daughter were notified 14 days in advance of any hearing as to competency was held.     It does not appear that any such hearing was ever held and certainly the required standard of proof was never achieved or the required findings (755 ILCS 5/11 a – 3b) determined.
[2] Compensation to a fiduciary is limited to payment for services that will reasonably benefit the estate of the ward, and can only be awarded to the extent that the said charges represent reasonable and necessary compensation.    For instance.    In the Sykes case Adam Stern made application and received money from the estate to defend an appeal of an order entered by Judge Connors that he and Judge Connors knew was entered without jurisdiction.    That compensation to Stern was wrongful and by law must be returned to the estate.    The appointment of two guardian ad litem in the Sykes case similarly represents wrongful charges against the estate of Mary Sykes.    More seriously it appears that jurisdictional events were ignored by a corrupt judicial official and her appointees and that Mary Sykes may not have been incompetent on day one etc.     Thus, all the money paid by the Estate to the three guardians and their respective attorneys is wrongful dissipation of the estate.     N.B.  Just this month it was learned that Mary Sykes knew the objects of her bounty in spite of years of isolation and drugging.    As Mary was doing her own banking when she was wrongfully abducted into the guardianship so that she could be isolated from her prior life – the entire guardianship is bogus and a sham and every dollar removed by the fiduciaries must be restored to the Estate.     It is suggested therefore that each dollar removed is by definition taxable income jointly and severally to each of the co-conspirators whether the subject of a court order or not.     A court order entered by a corrupt jurist cannot sanitize a fiduciary theft!
[3] Even though the guardian has not been appropriately appointed, the guardian is estopped from claiming that he/she was not appointed property and/or had not assumed a fiduciary role.

From Glenda Martinez–her pleas of help from Senator McCain

Please see below, and if Sen. McCain helps, it for sure will reach the dozens of probate blogs out there and other blogs protecting the elderly and disabled.

This message is regarding Alan Smith, Retired Colonel, US Army Corp Engineers.  He is being held against his will in  a nursing home, with a forced feeding tube when he can eat and chew food, the nursing home won’t take the time.  Wife Glenda desperately wants to take him back home and care for him at home.  He was put in the nursing home because he has a sizeable estate the court wants to attack and drain.  I believe they have done a great job so far.

My heart and prayers go out to you, Glenda.

Dear Senator McCain

I receive your newsletters regularly and have written to you in the past and you have responded.
I imagine this request is close to your heart because it involves a fellow Decorated WAR VETERAN  and his family.  My good friend Glenda and her husband Alan, the Decorated War Veteran is in a situation worse the VA Phoenix situation and his situation is more like a concentration camp

The content below is
1.Introduction
2. A War Veterans Needs including Discrimination and Violations .
3. Validation by advocates of this destructive epidemic across USA.
4. Center for Public Representation articles “Constitutional law, state law, the nature and scope of the legal authority to NOT control with whom an adult can associate.      .
5. In closing In the spirit of the Holidays, Compassion, Entitlement and Equal protection of the law!                         Preserving the Constitution And the Sanctity of Marriage, Family. Community and Life is more important By Ken Ditkowski, Esq
6. List of a few advocates across our Nation who can Validate the depth and breath of the epidemic fraud, theft, deception and destruction of our constitution, family and lives for self profit and self dealing .

We need your assistance to correct this horrific illegal attack at the very fiber of our Constitution, Bill of rights
Civil rights, Community, Family, Life and Morality as human beings.

I am forwarding Glenda plea for help and also Our friend, Ken Ditkowsky, Esq
pleas and emails
I know you won’t forsake them

Nancy Vallone
RN BSN MSN CNS
5017 Winchcomb Dr.
Scottsdale, AZ 85254
Nvallone1@gmail.com
330-979-1398

Glenda
May I have permission to send this email regarding
The Discrimination and Violation of All Rights, equal protection under the law and report the neglect  and abuse on all levels to organizations and individuals that SHOULD take responsibility and assist you and Allen
Yes Glenda, you are correct –
This is beyond unacceptable Criminal Behavior
And
Yes this is Torture for both of you
And
Yes this is occurring to many of our friends across the nation
And yes some of our friends and loved one have DIED in  identical situation
And
Yes this is more devastating and destructive than the Phoenix VA outpatient clinics Fraud
I live in Phoenix  have been to the Phoenix VA system and also a dependent in the military system
NLV

From:
Glenda Martinez <glenest03@yahoo.com>, “Nancy
If you or anyone have any suggestions AS WHAT CAN BE DONE PLEASE HELP
Lord have Mercy!!!!!
IS THIS THE WAY OUR DECORATED  WAR VETERANS ARE TO LiVE Their last days on earth
To Die Alone in a cold and uncaring nursing home.At the hands of CRIMINALS, PERPETRATORS and THIEVES????
This is one of the several pictures sent to me    Alan, my dear husband is neglected and left alone for hours and shifts and none of his hygiene protocol are taking place in this nursing home
Alan does not receive any cognitive stimulation. No cognitive activities,
No physical therapy. No speech therapy which are direly needed by Alan’s condition and standards of care .
Alan is left alone to languish in bed and probably develop bed sores, infection and die a premature death
His only pleasure (eating his food) was taken away and put on a PEG force feed tube into his stomach!!!
Alan is beet red which is  either his blood sugar or his blood pressure soaring out of control
Three days have passed and  The paid private aide is gone ??
Alan suffered a Traumatic Brain Injury, and needs continuous treatment but nothing is being done for months now, just let to suffer !!!!!!!!!!!!!!! ,
so Alan can die quickly and they can plunder all that is left in the Estate !!!!!
I have become completely sick to my stomach and the knot and pain wont go away!!
Nancy, you and Ken Esq., Joanne, Esq., Marti, Tom Fields, Roseanne , Beverly Newman EdD and others know how epidemic and destructive these people are across the country First Hand
They are
criminals and thieves,the”nursing homes & attorney” ”
They make a fortune living off the vulnerable and disabled
-the  young Developmental Disabled like your niece Danielle Mutphy
-VETERAN like my husband Alan
– ELDERLY like your mothers and fathers SHAME ON THEM!!!!!!!
This is TORTURE.
I asked for the Catholic Priest to visit with Alan two days ago, they would NOT even let the Catholic Priest in to visit ALAN either!!!  Unconscionable
How and why is this System allowed to get away with violating  Rights with fraudulent orders
Everyone who want to visit Alan is barred from seeing him??
To hide their criminal acts, the neglect, abuse and fraud
Even the Police are NOT allowed to do a WELFARE Check.
What stupid authority does this ABUSIVE CRIMINAL PERPETRATOR guardian have to manipulate the entire system including the nursing home director and staff, into not letting anyone in and my husband die alone ?
Alan doesn’t need a guardian What is Wrong with our Country
I am praying Alan doesn’t die over the holidays, its his birthday and our anniversary next week.
I love Alan with all my heart,
He is the most caring, brilliant and lovable person.
Everyone who meets him is always impressed at his good nature and pleasant attitude!
This is a CRIME,
THOSE CRIMINALS  CRAMER &MORRIS, NEED TO BE STOPPED from destroying
LIVES and FAMILIES  Please Help
GM
I only wish Senator McCain and others would listen and help Alan before its too late! Yesterday was Alan’s birthday, I took his gift, cards and flowers and sent them up with one of Alan’s past nursing aides, but  they would not let him go up to see how Alan was,  nor take him the gifts even! They say the guardian does not want anyone to see Alan, unless they are on his list (the list probably has only himself and the sociopath attorney of his! They are not only physically harming Alan, but also emotionally, at not even permitting someone to come and wish him a happy birthday.  The abuse is intolerable for Alan and worse for me, I became so upset,  got a migraine I’ve had all day, and my blood pressure went flying up.  This is emotionally killing me!  Today I spent part of the day calling agencies reporting the abuse, and I wish there had been more hours of the day to report it to some other ones. The kind retired judge Raab suggested  I was to go in person to the Elder Abuse Agency on Friday and speak with the manager there (if he can be found) and then put the judge on the line to speak with him also.   He says “this whole scenario stinks, something fishy going on here”! He wants to help Alan. And thank you to all that also have tried helping us during the last few days, you have been of great  The problem is that the abusive nursing home in our case, doesn’t care who or how they are harming the victim, emotionally nor physically.   They could care less as long as they can continue helping themselves to as much money each month as can —-presenting fraudulent billings and statements  for  “services provided” to the ward, which should actually read,  “services provided for actively abusing and  neglecting, so to slowly murder the ward” , and doing this by chemically restraining, taking all food and water away from victim,  and  sticking a  force fed tube into Alan’s stomach because no one has the time to help feed him.  They are predatory, deviant,  Sociopath! feeds on inflicting as much pain as can to Alan and me, and who knows to how many other of his “ward” they are doing this to!  As Ken states definitely needs to be honest and thorough independent audit and investigated
GMS
Center for Public Representation article
“legal authority to control with whom an adult ward can associate?”

http://www.centerforpublicrep.org/images/stories/docs/Q%26A-grdn-authority-friends-Sept-200
The answer will be informed by an analysis of Constitutional law, state law, the nature and scope of the guardianship order, the age of the ward, as well as his/her ability to express clear preferences. State constitutions, statutes and regulations must be part of any analysis of this question. Some states’ “mental health patients'” rights statutes, for example, Massachusetts, recognize the fundamental nature and the right of association and do not permit its restriction for any individual, unless there is a compelling clinical justification.An individual’s ability to spend time with and be in relationship with whomever he/she chooses springs from the Constitutional right to free association. Arguably, no state civil court order of any type can interfere with an individual’s right to exercise his/her constitutional rights. However, there are numerous state law guardianship cases that appear to do just that.One of the most frequently litigated issues is whether a guardian has the authority to initiate divorce proceedings on behalf of a ward. The Illinois Supreme Court has recognized a strong majority rule that, absent statutory authorization, a guardian cannot maintain an action, on behalf of a ward, for the dissolution of a ward’s marriage. In re Marriage of Drews, 115 Ill.2d 201, 503 N.E.2d 339, 104 Ill.Dec. 782 (Sup. Ct. Ill. 1986), rehearing denied, Jan. 30, 1987. The Court, however, held that annulment of a marriage was within the authority of the guardian under state law. Presumably, this power is based on the premise that the ward does not have the legal authority to enter a contract. See also Wood v. Beard, 107 So.2d 198, 200 (Fla.Dist.Ct.App.1958); Phillips v. Phillips, 203 Ga. 106, 108-09, 112, 45 S.E.2d 621, 622, 624 (1947); State ex rel. Quear v. Madison Circuit Court , 229 Ind. 503, 504-05, 99 N.E.2d 254, 255 (1951); Mohler v. Shank’s Estate, 93 Iowa 273, 277-79, 61 N.W. 981, 983 (1895); Birdzell v. Birdzell, 33 Kan. 433, 435-36, 6 P. 561, 561-62 (1885); Johnson v. Johnson, 294 Ky. 77, 78, 170 S.W.2d 889, 889-90 (1943); Stevens v. Stevens, 266 Mich. 446, 254 N.W. 162 (1934); Higginbotham v. Higginbotham, 146 S.W.2d 856, 857 (Mo.Ct.App.1940); In re Jennings, 187 N.J.Super. 55, 58-59, 453 A.2d 572, 574 (1981); Mohrmann v. Kob, 291 N.Y. 181, 189-90, 51 N.E.2d 921, 924-25 (1943); Freeman v. Freeman, 34 N.C.App. 301, 302-03, 237 S.E.2d 857, 858(1977); Hart v. Hart, 705 S.W.2d 332(Tex.Ct.App.1986); cf. Campbell v. Campbell, 242 Ala. 141, 142, 5 So.2d 401, 401-02 (1941) (stating the general rule but finding statutory authorization); Cohn v. Carlisle, 310 Mass. 126, 128, 37 N.E.2d 260, 262 (1941) (finding statutory authorization); Kuta v. Kuta, 154 Neb. 263, 264-66, 47 N.W.2d 558, 559 (1951) (finding statutory authorization)The parens patriae authority of the state to impose guardianship on individuals determined not to be competent carries with it all of the trappings of best interest.  However, Courts often couple the best interest standard with that of the individual’s expressed preference. One guardianship case taking many twists and turns over a seven year period involved a lesbian who had experienced a head injury in an automobile accident and whose family, although initially a co-guardian with her lover, moved for exclusive guardianship and the right to prohibit any contact between their daughter and her lover. The modification of the guardianship and the restriction on contact was originally permitted by the trial court and the Minnesota Court of Appeals, based on a finding that it was in the ward’s best interest and she was incapable of expressing a preference. Ultimately, the woman’s lover obtained guardianship based on a subsequent determination by the Minnesota Court of Appeals that it was both the ward’s preference and also in her best interest. In re Guardianship of Kowalski, 382 N.W.2d 861 (Minn. Ct. App. 1986), 392 N.W.2d 310, (Minn. Ct. App. 1986), and 478 N.W.2d 790 (Minn. Ct. App. 1991). See also In the Matter of the Guardianship of Miller, 1988 WL 106662, (Ohio App. 4 Dist.) (visitation of a stroke victim by previous common-law husband was not in the ward’s best interest and was consistent with the ward’s preference); In the Matter of M.R., 628 A.2d 1274 (NJ 1994) (overruling trial court’s order placing adult ward with mother when ward had expressed preference to live with father). However, the best interest standard is alive and at times is the only consideration in making a determination regarding association. In the Matter of Abbott, 1995 WL 419968 (Del. Ch.) (court applied best interest standard exclusively in determining whether to permit visitation and imposing limitations on frequency).There is a growing recognition in case law that guardianship should be narrowly tailored and that the least restrictive approach should be adopted when limiting an individual’s control over his/her life. In the Matter of Guardianship of Braaten, 502 N.W.2d 512 (Sup Ct. N.D., 1993), a case brought by the North Dakota P&A, the parents and guardians of an adult woman with mild mental retardation sought to restrict her smoking and to keep her from a boyfriend they believed to be abusive. The case challenged the broad general guardianship order that had been entered by the trial court as there was only evidence of incompetence regarding medical treatment decisions. The Court found that this  guardianship was not the least restrictive and that the guardianship order should be narrowed to only encompass medical decisions. See also, In the Matter of the Guardianship of Hedin v. Gonzales, 528 N.W.2d 567 (Sup. Ct. Iowa 1995); In re the Matter of Boyer, 636 P.2d. 1085 (Sup. Ct. Iowa, 1981).There is no simple answer as to whether a guardian can limit a ward’s association. This question is even more complicated for children. To minimize the likelihood of these possible conflicts, P&As should be vigilant in their efforts to defend against unnecessary guardianships or to have guardianships that may be appropriate to be as narrowly tailored as possible.

Have a nice Christmas Nancy and All.
I know all I want for Christmas is for all our abused, neglected and isolated loved ones to come home!
God Bless
Glenda and Alan

On Dec 22,2014, at 9:00 AM,
kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:
It would  be nice if in the Christmas Season if anyone could demonstrate some compassion and Christmas spirit.  Mrs. Martinez is not asking for anything other than that which she and her husband are entitled – Equal protection of the law!
I do not understand why this is so difficult as we do live in America.  Yes I know it is not politically correct to mention Christmas, Christ, God, Mercy, Honor, Justice or similar words as some no account ****** hypothetical individual might be offended,
kenneth ditkowsky esq
<kenditkowsky@yahoo.com>
More Important to consider is
Preserving the Constitution
And the Sanctity of Marriage, Family. Community and Life
Restore and return the family
To what God and our Founding Fathers had intended by sponsoring and signing a declaration to do just that
Partial Solution
NO ONE IS TO Segregate, confine or isolate another human being unless a danger to himself or society.
NO one is to take charge of another person estate unless is granted by the person and family’s
Immediately , the rights will return to the families under the terms of our Constitution, inalienable rights , human Rights and civil rights as intended

From: Nancy Vallone <nvallone1@gmail.com>
December 22, 2014
kenneth ditkowsky <kenditkowsky@yahoo.com>Cc: Glenda Martinez <glenest03@yahoo.com>, ”
Other advocates
<joanne@denisonlaw.com>,

From Ken Ditkowsky–why is the govt not collecting taxes on fraud in guardianships

To: Nancy Vallone <nvallone1@gmail.com>, Glenda Martinez <glenest03@yahoo.com>, “joanne@justice4every1.com” <joanne@justice4every1.com>
Cc: Tim NASGA <timlahrman@aol.com>, Probate Sharks <verenusl@gmail.com>, Nasga Us <nasga.org@gmail.com>, “J. Ditkowsky” <jdit@aol.com>, Eric Holder <askdoj@usdoj.gov>, Matt Senator Kirk <matt_abbott@kirk.senate.gov>, “FBI- ( (” <civilrights.cv@ic.fbi.gov>, Chicago FBI <chicago@ic.fbi.gov>, BILL DITKOWSKY <drditkowsky@aol.com>, Chicago Tribune <tips@tribune.com>, SUNTIMES <letters@suntimes.com>, Janet Phelan <janet_c_phelan@yahoo.com>, Ginny Johnson <ginny.johnsoncheeserings@gmail.com>, “ComplaintAdmin ADA (CRT)” <ada.complaintadmin@usdoj.gov>, Barbara Stone <bstone12@hotmail.com>, Bev Cooper <bev.cooperscorner@yahoo.com>, Cook County States Attorney <statesattorney@cookcountyil.gov>, FOX News Network LLC <foxnews_7d7b711af105dca690ab56169c0ff242@newsletters.foxnews.com>, Diane Nash <sa3456@msn.com>, Scott Evans <scottcevans@hotmail.com>, Illinois ARDC <illinois.ardc@gmail.com>, Fiduciary Watch <fiduciarywatch@gmail.com>, “Y. ACLU” <aclu@aclu.org>, ISBA Main Discussion Group <isba@list.isba.org>, Edward Carter <ecarter@atg.state.il.us>, Cook Sheriff <sheriff.dart@cookcountyil.gov>, “tips@cbschicago.com” <tips@cbschicago.com>, “Mr. Lanre Amu — Honest Atty Unfairly Persecuted By ARDC” <loamu@aol.com>, Sam Sugar <ssugarmd@msn.com>, The Wall Street Journal <support@wsj.com>, Rabbi Moshe Soloveitchik <zamirkatan@aol.com>, Eric Blair <activistpost@gmail.com>, “JoAnne M. Denison” <joanne@denisonlaw.com>, RosANNa Miller <prov2828@hotmail.com>, “Jim (” <jimdit@earthlink.net>, Alyece Russell <llessura@gmail.com>, Martin Kozak <kozakm1@gmail.com>, Len Holland <consult4lj@yahoo.com>, Elaine Renoire <elaine@abusiveguardianships.com>, Candice Schwager <schwagerlawfirm@live.com>, Tom Fields <tvfields@oh.rr.com>, Martha Jantho <utterby@sbcglobal.net>, Rudy Bush <wmrcls@hotmail.com>, Kathie Bakken <k_bakken@att.net>, GLORIA Jean SYKES <gloami@msn.com>, Wsj Lts <wsj.lts@wsj.com>, Robert Sarhan <drrob2007@yahoo.com>, John Howard Wyman <johnhowardwyman@gmail.com>, “Truthbetoldradio (” <truthbetoldradio@gmail.com>, Jay Goldman <jnjgldmn@aol.com>, Janet Phelan <writejanet@live.com>, Mary Richards <maryrichards45@gmail.com>, Doug Franks <info@deepfriedbrownies.com>, ACLU of Illinois <acluofillinois@aclu-il.org>, “information@iardc.org” <information@iardc.org>, “illinoislawyernow@isba.org” <illinoislawyernow@isba.org>, Greg Coleman <gcoleman@bclclaw.com>, “ABAJournal.com” <webmaster@abajournal.com>, Marty Prehn <mprehn2004@yahoo.com>
Subject: Miscreant guardians and those who aid and abet them are liable for U S Income taxes – why are these taxes not being collected?
Date: Dec 26, 2014 12:27 PM
Tax consequences of Elder Cleansing
Al Capone was brought down not by convictions for the crimes that he committed as an ‘outfit boss’ but for not paying the taxes due on his criminal enterprises.    As the history of Operation Greylord revealed the forces of law and order meet extreme resistance from the political establishment and codes of silence imposed by corrupt judicial entities who correctly pointed out that if you punished the jurists and their associates for their crimes you would undermine the justice system.    Fortunately, courage prevailed and over a score of judges became guests of the Department of Justice.
One again Illinois is faced with corrupt judicial officials and once again the self-policing system has failed.     The Illinois attorney registration and disciplinary commission has become venal in its ‘cover up’ of corruption and has actually assaulted the core values of American democracy.     Jerome Larkin has actually been noted to have acted in concert with criminal elements amongst the 2nd oldest profession in direct defiance of 18 USCA 371.     The miscreant elements have openly and notoriously railroaded one or more disabled persons into guardianships wherein the aforesaid senior citizens could be isolated from their prior lives, be stripped of their humanity, and liberty, and have their estates looted.   For illustration purposes the Mary Sykes case 09 P 4585 (Circuit Court of Cook County) is addressed [1] as an illustration.      Most if not all of the ‘elder cleansing’ guardianship cases bear the same deficiencies including those cases originating in States other than Illinois.
The following jury instruction explains that the act of one conspirator is the act of all, to wit:
If these defendants, or any two or more of them, conspired together, with or not with any other person or persons, to excite the people or classes of the people of this city to sedition, tumult and riot, to use deadly weapons against and take the lives of other persons, as a means to carry their designs and purposes into effect, and in pursuance of such conspiracy, and in furtherance of its objects, any of the persons so conspiring, publicly, by print or speech, advised or encouraged the commission of murder, without designating time, place or occasion at which it should be done, and in pursuance of, and induced by such advice or encouragement, murder was committed, then all of such  conspirators   are guilty of such murder, whether the person who perpetrated such murder can be identified or not. If such murder was committed in pursuance of such advice or encouragement, and was induced thereby, it does not matter what change, if any, in the order or condition  of society, or what, if any, advantage to themselves or others, the  conspirators   proposed as the result of their conspiracy; nor does it matter whether such advice and encouragement had been frequent and long-continued or not, except in determining whether the perpetrator was or was not acting in pursuance of such advice or encouragement, and was or was not induced thereby to commit the murder. If there was such conspiracy as in this instruction is recited, such advice or encouragement was given, and murder committed in pursuance of and induced thereby, then all such  conspirators   are guilty of murder. Nor does it matter, if there was such a conspiracy, how impracticable or impossible of success its end and aims were, nor how foolish nor ill-arranged were the plans for its execution, except as bearing upon the question whether there was or was not such conspiracy.
SPIES v. PEOPLE, 122 Ill. 1, 100, 12 N.E. 865, 914, 1887 Ill. LEXIS 969, 115-116 (Ill. 1887)
On the Civil Side the Illinois courts have ruled that:
the theory of jurisdiction based on the acts of a co[] conspirator   must be that co[] conspirators   are each other’s agents; thus[,] the argument would be that when a  conspirator   commits a tortious  act within Illinois[,] he does so as agent for his co- conspirators , who thereby also become subject to this [s]tate’s jurisdiction.”  Green, 86 Ill. 2d at 440-41, 427 N.E.2d at 1208.

Ploense v. Electrolux Home Prods., 377 Ill. App. 3d 1091, 1105, 882 N.E.2d 653, 666, 2007 Ill. App. LEXIS 1401, 30, 317 Ill. Dec. 773, 786 (Ill. App. Ct. 4th Dist. 2007)

Herein in the Sykes case, therefor the actions Farenga are the acts of Larkin and the other conspirators.     18 USCA 371 is just one of the statutes that affirms this matter.
As fiduciaries even the corrupt judicial officials in guardianship cases and their appointees owe the ward the highest degree of responsibility.    It is an axiom that a fiduciary cannot profit from his relationship with the ward except for legitimate compensation for work done was intended to reasonably benefit the ward’s estate and then only to the extent that the charges for the work are reasonable and the work was indeed necessary to the estate.
The court held that embezzled money constituted gross  income   of the embezzler in the year in which the funds were misappropriated under 26 U.S.C.S. § 22(a) and § 61(a). Both lawful and unlawful gains were comprehended within the term “gross  income .” Congress intended to tax  income   both from both legal and illegal sources to remove the incongruity of having gains of the honest laborer taxed and the gains of dishonest immune. Further, the language of 26 U.S.C.S. § 22(a) and of § 61(a) encompassed all accession to wealth clearly realized and over which a taxpayer had complete dominion.
James v. United States, 366 U.S. 213, 213, 81 S. Ct. 1052, 1052, 6 L. Ed. 2d 246, 250, 1961 U.S. LEXIS 2014, 1, 61-1 U.S. Tax Cas. (CCH) P9449, 7 A.F.T.R.2d (RIA) 1361, 1961-2 C.B. 9 (U.S. 1961)
Thus, the breaches of fiduciary relationship by the corrupt judicial officials, the corrupt appointees and all who act in concert with them create taxable income and United States Income taxes must be paid in the year in which the particular breach of the fiduciary relationship occurs.
Thus, when a guardian enters the safety deposit box of his /her ward, removes approximately a million dollars in gold coins the guardian creates a taxable event for herself and all who have acted in concert with her.   This includes the guardian ad litem who without knowledge as to what if anything was in the safety deposit box denies that the gold coins were in the safety deposit box.    This includes the attorneys who join arms to prevent public disclosure of the theft including the public official (Jerome Larkin) who attempts to intimidate whistleblowers and retaliates 42 USCA 12203 because of the disclosure of ADA violations.
The foregoing is pretty basic.     If you aid and abet or steal money from a ward if you are a fiduciary you have Federal Income taxes to pay on the proceeds of the theft.    (When you return the money you may get a deduction for the return – however, the statute of limitations is three years.)        We do not have to discuss compensation awarded by the Court – it is clearly taxable when paid [2].
The question that presents itself arises from the unique nature of the Fiduciary relationship.     No one ever put a gun to the fiduciaries head and required the guardian and those who act in concert with the guardian to serve.      The position of guardian was sought quite aggressively by the individual who was appointed.     This individual knew or should have known that he/she was undertaking a serious position in which substantial expertise is required and absolute honesty and honor demanded.         The guardian and the corrupt judicial officials were well aware that:
No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.”  Union Pacific Ry. Co. v. Botsford,  141 U.S. 250, 251, 35 L. Ed. 734, 737, 11 S. Ct. 1000, 1001 (1891)   V.H. v. K.E.J. (In re Estate of K.E.J.), 382 Ill. App. 3d 401, 412, 887 N.E.2d 704, 715-716, 2008 Ill. App. LEXIS 357, 22-23, 320 Ill. Dec. 560, 571-572 (Ill. App. Ct. 1st Dist. 2008)
guardians are to apply a substituted judgment standard, where they attempt to discern what the  ward would have wished if she were competent, and then substitute that judgment for their own. See,  e.g., In re Estate of Greenspan,  137 Ill. 2d 1, 558 N.E.2d 1194, 146 Ill. Dec. 860 (1990)
V.H. v. K.E.J. (In re Estate of K.E.J.), 382 Ill. App. 3d 401, 418, 887 N.E.2d 704, 720, 2008 Ill. App. LEXIS 357, 35, 320 Ill. Dec. 560, 576 (Ill. App. Ct. 1st Dist. 2008)
The fiduciary (all three guardians in the Sykes case) were aware that the statute 755 ILCS 5/11a – 3 mandated that the guardianship could only address the infirmities, if any, that the disabled person had.   Thus, to know the extent and nature of the guardian’s authority the Court and the guardians each had to know what, if any, infirmity existed at the time of the appointment.   Thus, to have a guardian appointed the Court had to hold a hearing and make specific findings as to 1) that a disability exists, 2) what the disability was, 3) the extent and nature of the disability and 4) what, if any, reasonable accommodation was required to address the disability so that the ward could enjoy the fruits of American civilization.     Without such a finding based upon competent evidence that met the standard of clear and convincing the appointment of a guardian for the ward was and is an invitation to disaster!     In point of fact having no direction that guardian could not make appropriate decisions and ip so facto could not serve.
As a protection for the ward from being railroaded into a guardianship the  Court was required to obtain  jurisdiction over the person of the ward  by the full and complete compliance with 755 ILCS 5/11a – 10 (in Illinois).     Anything short of full compliance did not vest the Court with jurisdiction.     Half price methods of obtaining jurisdiction were and are assaults on the Civil Rights and Human Rights of the alleged disabled person.     As the record in Sykes demonstrates virtually no compliance with the statutory requirements a serious problem exists.   Ex post facto vesting of jurisdiction is a per se fraud.   Jurisdiction is not a technicality!       Without jurisdiction the guardian and the court cannot make any decisions and every dollar of the ward’s estate that is removed is removed without authority and is a theft!!!!    In America strangers cannot access a senior citizen’s bank account and remove the senior’s funds to pay for items that the stranger believes must be spent.      If one wants to be Good Samaritan he/she has to do it on their own expense.
 However, jurisdiction aside the grant of authority is limited by the Constitution of the United States and the State to only those areas of life in which it is necessary to invade to provide the disabled person with the reasonable accommodation of the disability.     In other words – as Mary Sykes had been successfully and appropriate managing her money no guardian was necessary to address those issues.    The fact that Mary recognized the theft of $4000 from her checking account and the fact that a 90 year old woman was no eligible for an IRA account is clear proof that the guardianship was inappropriate as ordered.    The applicant for guardian must prove the extent and nature of the incompetency by clear and convincing evidence.
When coupled with the fact that Mary Sykes today knows the objects her bounty, it is submitted that the guardianship imposed was illegal and a ‘taking’ in violation of the Fifth and Fourteenth Amendment to the Constitution of the United States.      Examining the facts of the Mary Sykes case further there was never any hearing to determine the extent of Mary Sykes’ disability, if any.    Thus to reiterate,  as the proof of incompetency and the extent thereof has to be proven in Illinois by clear and convincing evidence prior to an adjudication the guardianship was illegal and the expenditure of funds of any kind and nature un=necessary and wrongful.
Theft is a taxable event [3].     It therefore follows that when the guardian transfers the ward out of her home and isolates her so as to separate her from her human rights and civil rights any dime that is used from the ward’s estate is taxable income to the fiduciary de facto guardian.     Similarly every dime of the ward’s funds use is taxable and must be reported on the 1040 tax return of the de facto guardian and his/her co-conspirators.
The doctrine of Constructive receipt is also applicable.       By this I mean, Mary Sykes had over a million dollars of assets that were taken from her by this guardianship.      Is 100% of those assets taxable in the year in which the illegal guardianship is established?      There is an argument for such an approach; however, it fall down when dealing with tangible property.    For instance, Mary owned some real estate.     By false pleadings a judge whose honesty has been questioned entered inappropriate orders allowing for the real estate to be sold at a fraction of its value.     (This property had been previously appraised at $700,000 and the sale price was pegged at less than $250,000).       There is no question that the entire $700,000 is ordinary income at the point of sale in a legitimate guardianship as the guardian is well aware that his nominee sales fool everyone but the Department of the Treasury.     The question however is whether upon receipt of the property the taxable event occurs.
It is my analysis that constructive receipt would apply only to fungible property such as cash, collectibles etc.     The tangible property that is titled in the name of the ward are still owned by the ward until removed from his/her name.
In Summary it is my opinion that the illegal guardianship when initiated is per se a breach of fiduciary relationship and results in immediate ordinary income tax liability for not only the miscreant guardian, but all his/her co-conspirators including the attorneys who are presumed to know that the guardianship for profit (or guardianship for elder cleansing) are illegal and the public officials such as Mr. Jerome Larkin who aid and abet the criminal conduct and who act in concert with the criminals.     This liability encompasses not only the items purloined but all the fungible property that can be converted to cash including but not limited to the funds used solely and specifically for the ward.    (Volunteers who take it upon themselves to impose their will on senior citizens cannot require the aforesaid senior citizens to dissipate their estates at the will and caprice of the aforesaid volunteers who may or may not have a corrupt jurist on retainer).
Like Al Capone’s situation the War on the elderly and the disabled senior citizens may be won by application of the tax code rather than directly prosecuting the corrupt judicial and other officials under the criminal code.     The tax is due when the property is or could have been removed by the fiduciary who has violated his/her duty.    In the Sykes case this is 2009.      There is a fraud penalty of 50% to be applied in every one of these cases, plus interest and general penalties.
Merry Christmas!       It is suggested to the guardians for profit and those who have conspired with them (such as Jerome Larkin) that interest is running as 1040 forms have not been filed disclosing the theft there is no relief from this fraud upon the United States of  America.     The time for filing the appropriate tax reports is now and the time for ending the elder cleansing is now.    The Constitution and the state statutes are designed to protect seniors and the disabled.    The tax laws are designed to tax legal and illegal profits!

[1] Mary Sykes was a 90 year old widow who did her own banking and was active in her garden club, etc.   She discovered that her older daughter removed $4000 from her accounts without permission.  When the daughter was confronted she claimed that she took the money to open an IRA account for Mary.    Mary informed her that she (Mary) was not eligible for an IRA account.    Mary sought an order of protection against the daughter.   The daughter countered with an incompetency petition pursuant to 755 ILCS 5/11a – 1 et seq.  (Guardianship statute).
Question is raised as to whether Mary was served with process.   Certainly the jurisdictional statute 755 ILCS 5/11a – 10 was not complied with as neither of Mary’s two siblings or her younger daughter were notified 14 days in advance of any hearing as to competency was held.     It does not appear that any such hearing was ever held and certainly the required standard of proof was never achieved or the required findings (755 ILCS 5/11 a – 3b) determined.
[2] Compensation to a fiduciary is limited to payment for services that will reasonably benefit the estate of the ward, and can only be awarded to the extent that the said charges represent reasonable and necessary compensation.    For instance.    In the Sykes case Adam Stern made application and received money from the estate to defend an appeal of an order entered by Judge Connors that he and Judge Connors knew was entered without jurisdiction.    That compensation to Stern was wrongful and by law must be returned to the estate.    The appointment of two guardian ad litem in the Sykes case similarly represents wrongful charges against the estate of Mary Sykes.    More seriously it appears that jurisdictional events were ignored by a corrupt judicial official and her appointees and that Mary Sykes may not have been incompetent on day one etc.     Thus, all the money paid by the Estate to the three guardians and their respective attorneys is wrongful dissipation of the estate.     N.B.  Just this month it was learned that Mary Sykes knew the objects of her bounty in spite of years of isolation and drugging.    As Mary was doing her own banking when she was wrongfully abducted into the guardianship so that she could be isolated from her prior life – the entire guardianship is bogus and a sham and every dollar removed by the fiduciaries must be restored to the Estate.     It is suggested therefore that each dollar removed is by definition taxable income jointly and severally to each of the co-conspirators whether the subject of a court order or not.     A court order entered by a corrupt jurist cannot sanitize a fiduciary theft!
[3] Even though the guardian has not been appropriately appointed, the guardian is estopped from claiming that he/she was not appointed property and/or had not assumed a fiduciary role.
Ken Ditkowsky
posted with permission of the author

Barbara Stone publishes massive attorney fees in her mother’s guardianship case with an open letter to the Fla. Bar President Mr. Coleman

Massive unconscionable fee petitions

https://drive.google.com/open?id=0B6FbJzwtHocwLXdUNU5jR21pVUE&authuser=0:

From Barbara Stone, probate victim

Subject: Holidays and the end of the hostage siege
Date: Thu, 25 Dec 2014 15:43:42 -0500

Thanks Rosanna for the news below – at long last, the bar association finally decided not to tolerate pilaging.
I am copying Greg Coleman, the Florida Bar president who is aiding and abetting Roy Lustig, an elder predator with a Florida Bar law license to terrorize and loot my mother and attempt her death.  Roy Lustig, a elder predator with a Florida Bar license and his cartel of accomplices walked off with about $175,000 of my mother’s money in the last 2 weeks while holding my mother caged, isolated, drugged and in a locked down facility in a feeding tube.  
 
My mother is not in any way benefiting from these acts that violate the Americans with Disabilities Act and Federal and Florida Criminal Statutes.
Their looting sessions occurs on a regular basis and my mother’s assets are almost drained at which time her life will have no value and their murder effort will escalate.  Then my claim against the Florida Bar will  greatly escalate.
 
GREG COLEMAN is an accomplice as I and many others have reported these crimes to him.  In retaliation, he is causing my disbarment and abetting my false arrest for objecting to my mother’s being owned by criminals who are viciously looting her assets and causing her death.   
 
I have included Gloria Sykes email from this morning to this email trail directed to presidents of the bar enterprises that license terrorist to assault elderly defenseless and disabled persons.
 
Roy Lustig is the perfect candidate to disbar as the 3rd DCA has already done their dirty work for them by finding him guilty of fraud on the court and other crimes.  Further, apparently Lustig is involved in other dirty dealings with charities and nursing home “loans”
 
What the heck is it going to take?  How many murders and lootings will Greg Coleman ignore before the Florida Bar starts to comply with their ethics. 
 
It is Christmas today  -my mother is alone, caged, in a feeding tube when she can eat, diapered when she can take care of her functions, drugged to be a non human although she is a delightful person, forcibly removed from her home and being subjected to all kinds of vile acts by this cartel.  
 
How is your holiday going today Mr. Coleman?
 
I think Rosanna, just like Bill Cosby is not indestructible, neither is the Florida Bar or the other bar associations who license these predators.  We have a lot of Florida Bar victims who are coming forward and the media will be out in droves.  The media is getting an understanding that this story is the coupe of the century.  I am fielding calls from reporters who are outraged that attorneys have engineered and assembled a squad to cause our loved one’s death to take their assets and property.  
 
Mr. Coleman, as a token of your intent to cease being a part of these activities and conduct a real investigation, could you insure that I get my mother back next week as I will be so petitioning so that she can regain her life in the new year.
To my beautiful mom, I know the struggle you take on every day because you are holding on with all your might to come home to me.   This terror era is coming to an end and I look forward to giving you a million kisses and hugs and your being safe with your family for the new year.
Barbara

From Ken Ditkowsky–Tim Evans, transparency??? No laptops or cell phones, but television in the court rooms?

Now here’s the strangest anomaly of all.  Presiding Judge of Cook County Tim Evans goes from banning cell phones and cameras and laptops and electronic devices (which are NOT banned in federal court, where the most dangerous criminals are, go figure), but he bans them in the local court system claiming that they are dangerous to victims because gang members take pictures of witnesses to harass or intimidate them?  Who knew?  Of course, he says this and bans the electronics without a scintilla of published evidence, just on his say so.

Now he is apparently going to allow cameras in the courtrooms.

I assume, on cases he selects.

It will be a long and cold day before the cases we really want to hear about–Sykes, Janie Thomas, etc. are recorded for the public’s scrutiny.

JoAnne

http://www.chicagotribune.com/news/local/breaking/ct-cameras-courtroom-cook-met-20141216-story.html

http://www.dailyherald.com/article/20141222/news/141229736/

From Barbara Stone–stop helping the criminals!

From: Barbara Stone <bstone12@hotmail.com>
Sent: Dec 20, 2014 3:34 PM
To: Kenneth Ditkowsky <kenditkowsky@yahoo.com>, Eric Holder <askdoj@usdoj.gov>, Probate Sharks <verenusl@gmail.com>, Tim Lahrman <timlahrman@aol.com>, “joanne@justice4every1.com” <joanne@justice4every1.com>, Nasga Us <nasga.org@gmail.com>, “J. Ditkowsky” <jdit@aol.com>, Matt Senator Kirk <matt_abbott@kirk.senate.gov>, FBI- <civilrights.cv@ic.fbi.gov>, Chicago FBI <chicago@ic.fbi.gov>, …
Subject: RE: Urgent – Alan’s Health, Welfare and Life

The attorneys and judges involved in these torture tactics are beyond the garden variety of criminals with a Bar license who steal, embezzle, sabotage and create deranged scenarios to assault and freedom and endanger our loved ones and us.

These attorneys are terrorists with a Bar license with are engaged in warfare tactics against our families.  The judges are mobsters.  

I was  terrorized in a hearing yesterday by the judge and attorney and the adult predators who own my mother.  They embezzled her assets in a mock hearing that did not even pretend to be anything other than lawless.  I was told to be silent and repeatedly threatened with contempt.  I was fearful I would be held in contempt.  The judge refused to provide his oath of office.  I was the victim of terror tactics that are used against criminals.  He brought in his bailiff and the security. These was one of me and about 10 of them. I was removed from the room and not allowed to leave voluntarily.  THESE TACTIC HAVE ESCALLATED BECAUSE WE ARE SILENT AND BECAUSE THEY HAVE BEEN SWEPT UNDER THE RUG FOR YEARS.

GM, I am traumatized and haunted by what is going on in my matter and yours and the torture of our loved ones.  These acts by judges and attorneys ARE WAR CRIMES, crimes against humanity.

WE MUST PUT TOGETHER A REQUEST FOR INDICTMENTS – we are fighting a war against murderers.   No one will do it for us

 So I have no use for the “balanced” politically correct cordial letters that are being sentThat just empowers them to commit CRIMES.  And it greatly harms those of us who have living relatives as it abets their abuse by CRIMINALS.   

We are dealing with CRIMINALS.  All of them –

So I ask the people who are sending the cordial letters to criminal to stop this conduct of abetting their crimes.  AND GET THEM HAULED OFF TO JAIL.

We need to file formal complaints with the police, DOJ, FBI, etc – each of us need to have our own specific charges.  Ken, I appreciate the letter you provided for charges to be files with DOJ.  It only works if the charges are filed.  I and others have spent the whole day today dealing with the criminal acts of attorneys and will be filing charges.  I will be refining the letter and will be back to everyone asap.

Barbara

Inside Bungalow 3 in Ireland. A tragic tale of abuse of special needs children.

In Ireland, undercover agents were sent inside “Bungalow 3” and what they found was appalling.  Special needs children hit, slapped, kicked, punched, confined to small spaces or even a chair for hours on end.  Chemical restraints were used.  Glenda M. and others report their loved ones are chemically restrained, others say their loved ones suffered fractures while in nursing care. (Barbara Stone) and feeding tubes are often implanted as a convenience because the patients eat too slow (Glenda M, Alice Gore).  Feeding tubes become an easy way to kill off the senior when the money is gone (Alice Gore).

Ireland is finally using undercover agents where abuse is indicated, and that should spread to the US.  Apparently some members of the health care field are only on “good behavior” during visiting hours.

Internet radio show on corruption in health care, tonight 7 pm

Last Friday’s NBC radio show in Los Angeles was derailed due to techncal difficulties. The interview with me will air live today at 7 15 Pacific Time. You can listen live here:  kcaaradio.com.
Mainstream has not treated this issue too kindly. I am curious as to how the interview will go. Parenthetically, this will air in the backyard of those who destroyed my mother’s life.

thanks to Janet Phelan

And yet another $158 million govt article on Medicare Fraud

http://www.justice.gov/opa/pr/president-houston-hospital-and-three-others-convicted-158-million-medicare-fraud-scheme

Services not performed, dementia patients treated with “psychiatric services” they could not understand, services billed for in hospital treatment but the patients were at home all day.

We can’t get to universal health care, Obama or not, your local pharmacist, hospital and in home nursing care rather than a tied in, for profit, corrupt nursing home, unless and until these cases are hard fought and won and send a message to miscreants that mass fraud in health care cannot and will not be tolerated.

JoAnne

As if Chicagoland did not have enough problems with ethics, the mayor thinks ethics should not be scrutinized!

http://www.ibtimes.com/chicago-mayor-rahm-emanuel-tries-exempt-financial-firms-ethics-laws-1763018?utm_content=buffer1d1cc&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

Personally, I think all the GAL’s on the 18th floor, the tied in service agencies to the wards and their families and anyone taking a dime out of a pocket on the 18th floor should have to file ethics reports.

If the mayor will not require the financial firms servicing city funds to file ethics reports, you know there are problems there–or they will start as soon as the city stops shedding the light on these firms.

The real question is, what friends is he trying to protect?  That would have been the question I would have been asking and I would start looking at the firms.

From Atty Barbara Stone — A simple request to the ABA President of the Florida bar–save our seniors!

From: Barbara Stone
Sent: Dec 15, 2014 10:17 PM
To: Douglas Kinan
Cc: “gcoleman@bclclaw.com” , FBI- , “support@wsu.com” , “adam.walser@wfts.com” , Adrian Wyllie , “abc.news.magazines@abc.com” , “abenitez@univision.net” , “abein=m@hfmmag.com” , “abramsreport@msnbc.com” , “balnews@thewbalchannel.com” , “banfield@msnbc.com” , “barbara.hollingsworth@cjonline.com” , “beltway@foxnews.com” , “cavuto@foxnews.com” , “chiaasen@miamiherald.com” , Carol Holden , “cas@cbsnews.com” , Dave Wilson , “hardball@msnbc.com” , “hannityandcolmes@foznews.com” , “hardy_green@businessweek.com” , ISBA Main Discussion Group , “iviewit@iviewit.tv” , Angela Woodhull , “kev_pizz@hotmail.com” , “joanne@justice4every1.com”
Subject: RE: Criminal exploitation and abuse of elderly disabled Florida residents by the Florida Bar attorneys

You know Doug I got an email tonight from a  lady whose mother died from abuse in guardianship.   She was subjected to threats, tyranny and her assets were stripped by a band of guardian thugs.  She was forced to leave the country and go to Ireland.  She wrote me to tell me about a professor in Holland who is awarding a prize to a PhD student working on victim’s rights.  She wants to work with the university to expose this crime.  I got a call last week from the daughter of another woman who died in an abusive guardianship.  She called me from South America – she too was forced to leave the country because she was not given her inheritance as it was fleeced by predator attorneys and guardians.  I had spoken to her months ago before her mom passed away and both of them – a family that had assets – were almost destitute because they were financially raped by the attorneys and judges.
Lawyers acting as terrorists cannot be tolerated in civilized society. People around the world know of my false arrest and that my OWN MOTHER WAS KIDNAPPED by mobsters masquerading as “guardians” – I get well wishes from people whose parent was murdered by these mobsters with a law license.  Every day I pray my mom can make it one more day so I  can bring her home to me.   My mother is not only being embezzled, she is being physically assaulted.   I feel like I am in a crime riddled third world country.
Greg Coleman is a party to this crime.   He is an accomplice to the crime of racketeering and elder abuse and exploitation  that the Florida Bar empowers.  There are attorneys and blogger and website all over the country who post these threads exposing Mr. Coleman’s abetment.  Florida Statutes 825 is very clear – the actions of the guardian cartel are crimes.
How is it possible that a probate judge “Michael Genden”  erases a mother from her daughter and ignores her abduction from her family and prior life on the basis of fabrication and perjury by Roy Lustig.  Any moron would see fraud and more fraud.  Certainly my mother is not benefiting.  It is not in her best interest to be deprived of food, isolated chemically restrained,in a feeding tube when she can eat and in a wheelchair when she can walk and forcibly removed from her home.  Any moron could see the only person who is benefiting by the crimes he engineered is Roy Lustig.  This  charade is played out all over Florida and the country because attorneys like Greg Coleman, the president of the Florida Bar are ignoring, in fact abetting crimes of people who they license.  My mother is being killed while Greg Coleman and the bar association are watching her life being taken by Roy Lustig who has orchestrated her isolation, the forcible removal from her home, she was ordered not to see her daughter and Roy Lustig prevents her from seeing her spiritual leader – all of this is a diversion while her assets are being stolen.
 How is this possible?
I hear from people all over the country that are terrorized by lawyers.  They are losing their homes to these bandits.  They can’t see their families.  It is like another world – we live in constant fear from a reign of terror because these attorneys know they are “protected” from whatever atrocity they want to commit.  We talking crimes.  We are talking malicious assaults on our families and freedoms.
Greg Coleman knows my mother is being deprived of her life by Roy Lustig, an attorney with a criminal past.  This must be exposed to the world and the public must be made aware.  Please send this along to others and the media.
Barbara Stone
212.994.5482
212.994.5481 (fax)

Ken Ditkowsky–an open letter to Jerome Larkin

To:  Jerome Larkin, Administrator of the Illinois Attorney Registration and Disciplinary Commission
From:   Ken Ditkowsky
Subject:    Why are you afraid of an HONEST complete and comprehensive Investigation of “elder cleansing?”
Date:  December 14 2014.
 
Dozens of people have noted that in the ‘star chamber’ proceedings that your and the cadre of miscreants you lead what is missing is specifics facts.    For instance, both Ms. Denison and I have requested specifics as to the charges that you brought, to wit:
1)      You claim certain statements that we made were false.   What are those statements?
2)      You claim certain statements that we made were reckless.   What are those statements?
The Courts have not forced you to reveal that information, but the Court of public opinion is demanding answers.    At some point in time honest judicial officials will also demand the answers.    
In an effort to address the fact of ‘elder cleansing’ ( i.e. the railroading of a senior citizen or a disabled person into a guardianship for profit, the systematic cleansing of the senior of his/her liberty and property by isolation of the senior and the eventual assisted involuntary suicide of that individual senior of disabled person) we asked you and the Illinois Attorney Registration and Disciplinary commission to join with us in requesting law enforcement to do an Honest Complete and Comprehensive investigation of the elder cleansing scenario.     The reaction has been pre-determined  proceedings that you deem “disciplinary” proceedings.
To say that the proceedings are bizarre is an understatement.   With you having the burden of proof you call no witnesses who have knowledge to testify.     Material that is relevant to the proceedings (such as the two Farenga letters in my case and the Sykes file (09 P4585) are excluded.     In the Denison case you even excluded the testimony of Gloria Sykes who is reported to have an ownership interest in the safety deposit box that contained an unaccounted for million dollars (plus or minus) in gold coins.     The guardian who is alleged to committed fiduciary theft was not called upon in either case to deny the charge or explain how she went from being insolvent to exhibiting great wealth!        Indeed, every piece of evidence that might be deemed exculpating was excluded or ignored [1].   
Corrupt disciplinary proceedings unfortunately are legend, but, you have a sworn duty to defend the Constitution and are holding yourself out as the defender of the morality of the legal profession!    As “Caesar’s wife” you have a duty to demonstrate to the public that in the bowels of the legal profession resides a bureaucrat who is intellectually honest and the very model of a lawyer.    Thus, even though you have proven to be lacking in substance, it would be expected that ‘form’ would be demonstrated, especially, if you had nothing to hide!
The last statement is the most ‘telling!’      “If you have nothing to hide!”       The obfuscations that you and the your highly over paid staff have put forth are to say the least intellectually dishonest and culpable.    Elder cleansing constitutes a number of felonies.     It also includes violation of the Americans with Disabilities Act and probably RICO violations.     On the civil side a breach of fiduciary relationship is a taxable event and it is horn book law that those who act in concert share liability.     By not joining in the call for an HONEST complete and comprehensive investigation by law enforcement it is quite apparent that were the bodies are buried.    The documents that are now on Ms. Denison’s blog now provide ample proof of the ‘conspiracy!’   
It is too late at this point in time for you to CYA, but, it is not too late for the truth to be told.    We want to know why you are so adamant against law enforcement conducting an HONEST intelligent and comprehensive investigation of elder cleansing.     We have now placed on the net the Cynthia Farenga letters, the videos of Mary Sykes (demonstrating that she was indeed quite competent), and evidence of your acting in concert with the miscreants in their War against the elderly and the disabled.    The Wall Street Journal article of Friday and the editorial on Saturday indicate that the express train of ‘reform’ is coming our way.   
Thousands of demonstrators have taken to the streets to demonstrate that the ordinary citizen demands that government honor their Constitutional Rights and they are joined by the victims of elder cleansing and their families.   Your assault on citizen (especially lawyers) civil rights has been documented and noted.    People are still shocked by your “attorney” asking me if I was repentant for exercising my First Amendment Right and writing to the Attorney General of the United States.    Many are still shocked by the question!    Mr. Larkin the handwriting is on the wall!       It is time for an HONEST complete and comprehensive investigation of elder cleansing and it is time for you to resign and disclose the nefariousness that you acted in concert with and promulgated.

[1] A pattern of your personal corruption is appearing on the horizon.     In the L. Amu case, even if we ignore the racial nexus of the proceeding, the lack of proof is amazing.   How can you claim fairness when not one of the judges who was accused of corruption denied it!     That is an admission!

Even the Wall Street Journal Admits there’s $ millions in medicare waste in overbilling

http://www.wsj.com/articles/medicare-overbilling-probes-run-into-political-pressure-1418355002

From Ken Ditkowsky:

Judy pointed out that their is a pattern in the disciplinary cases of suppression of any evidence that is contrary to the predetermined result that is ordained.    The fact that there is no evidence to support the position that Larkin advances is irrelevant.    Illinois’ corrupt system operates upon the credo – “do not confuse me with the facts, I’ve made up my mind.   
The fact that the IARDC and Larkin have all this material (or should have all this material) under their exclusive control under the IPI instructions means that they are admitted against the ARDC.   However as the proceedings are wired it makes not difference as to the final result.   
In particular, in my case the two Farenga letters are of supreme importance.    In the letter to the Judge early on in Sykes case proceedings Farenga makes two points:
1) she is aware that there are serious problems with jurisdiction and  (August, 2009)
2) she is aware that Mary has had pre-hearing isolation and therefore has been moved out of Cook County and into DuPage County.
In letter number 2 to the IARDC she urges the cover-up and intimidation by the IARDC as we are exercising our first Amendment Rights to discuss the criminal felonies that are being promulgated in the Sykes case, and worse yet they were reprinted in the Probate Sharks blog.    These e-mails tie the IARDC into 18 USCA 4 and 18 USCA 1001 violations and as Alice Gore died and Mary Sykes has suffered grievous bodily injury the enhance penalties should be appropriate.    Pursuant to 18 USCA 371 Larkin might owe the IRS and the IDR very serious taxes.  
The cleansing of Judge Stuart’s testimony is also quite interesting.     This all should be addressed in your petitions.

From Janet Phelan–Got Free Speech to out corruption? Not if you are an Ilinois Attorney!

http://journal-neo.org/2014/12/14/got-free-speech-not-if-you-are-an-attorney/

Janet does an excellent job of summing up my case.  As in Lanre Amu’s case, at every twist and turn, I was told “do not litigate Sykes”, WE will determine what happened in Sykes, then we will invite the miscreants as honored guests to say things such as:

1) my career has been ruined because Google puts HER articles at the top (and not my BS awards) (Peter Schmeidel, Cynthia Farenga and Adam Stern) well, do something charitable, kindly or saintly, write an article about it or get a reporter to do it and then get people to click on it.  As with all things on Google, your skeletons will move to the forgotten back pages of Google.

2) the blog is a pack of lies (without pointing out any specific lie)

3) I don’t like what is written on the blog (if don’t like what is written post a correction comment, believe me, it will be posted.  Bev Cooper has repeated invited ANYONE part of probate on their blog or my blog or NASGA’s Most Wanted list to appear on her show and not a single probate attorney on that list has appeared.  But, Judy Barr Topinka did, rest her soul).

4) She can’t say just anything (Quote Melissa Smart, ARDC litigation attorney).  Protection of political speech is the hallmark of the US. We consistently chastise other countries (China, N. Korea, mideastern courntries) for disbarring lawyers (Iraq), imprisoning those critical of government (N. Korea and China), and the ARDC’s actions makes up squarely hypocritical in the eyes of the world.  My blog has plenty of clicks on it from the Mideast and Asia and even Russia.  I’m sure they’re laughing.  I get emails from around the world, and yes, directly people email me that they have the same problems in their country and the US is just a bunch of bullying hypocrites.   Like it or not, JL, your actions in MY case reverberate around the world.  Most certainly with the New Eastern Outlook Article by Janet Phelan.  Each of her articles gets a minimum of 1 million clicks, she gets paid by the click, and prior articles on myself and Ken Ditkowsky receive 1 million click times X.  All you are doing is making activist reporters drawn to this content–the content you create–crushing internal dissent in the US.

5) And I’m not even sure if the litigation attorneys at the ARDC realize that Ken and I and Mr. Amu won’t back down.  We don’t want the courts to be like this. We do not want corruption to prevail in the Illinois Courts.

6)  Change the definition of corruption from “a deviation from laws, morals or ethics” to Greylord type bribery and then say I said on this blog the attorneys received cash in the courtroom.  How preposterous.  Even the witnesses argued with the tribunal on that one.  Corruption IS a deviation from laws, morals or ethics.  1) lack of jurisdiction–no service on Mary or her elderly sisters; 2) failing to follow 1401 when illegally seizing Gloria’s $200,000 to give to attorneys. 3)  Liquidating all of Mary’s assets on the premise she needs the money for her care, and then handing it all over to the attorneys on the case, 4) PS saying he didn’t have to file a fee petition when in reality the 18th floor is forcing all attorneys to do so, even those under a Power of Attorney (Janie Thomas case), plus the estate has been comingled with the trust the house was held in, so a fee petition would be proper.  I will go pull fee petitions this week and publish.  Where did Mary’s $350,000 from her home and from Gloria’s accounts exactly go to? 5) terminating heat where Gloria lived in contravention to the Chicago Landlord Tenant Ordinance–see the list of the Famous Table of Torts.

I had witnesses ready to go, Gloria appeared and was turned down.  I don’t want to violate the Illinois Reporter’s Shield Law and she should have been able to appear and claim that and only turn over the emails she wanted.  I cannot force a witness to violate Illinois Law.

And yet they persist.  I dropped off my exceptions of Friday, Dec. 12, 2014, and right on that day they issed the briefing schedule and they issued to me a record on appeal. Now the ARDC has never been 1) electronic (that was most of the pretrial fight they claim I aggravated their work, seriously? pretrial has to be conducted circa 1960?) 2) prompt in issuing anything, but we’ll see.

A 65 page decision requires a thorough brief.

1) Why did the ARDC quash all my discovery, refused to properly my Answers to Admit, but they say I acted improperly during discovery?  These are all traditional Discovery safeguards available in all the Illinois courtrooms–Except the Sykes case.

2) Why did the ARDC refuse my expert witnesses on blogging–Bev and Ken Cooper from Probate Sharks, Sylvia Rudek from NASGA, John Howard Wyman for his website and book about his experiences in Probate–the ARDC moved to quash them?

3)  No witnesses, no discovery means the ARDC is engaging in the same tactics where they protect certain favored attorneys and then make up nonsense to viciously go after any whistleblowers that are out there.  How can PS, AS and CF possibly charge a client a single dime to a family when they know, but do not warn: 1)  the accused ward with have restricted access to an attorneys and that attorney will come from a “secret list” and their former attorneys they have come to love and trust (Sykes case) will be threatened with sanctions and/or disbarred (Denison and Ditkowsky); 2) the accused ward will not received a Summons or a Notice of Rights in accordance with Illinois law (Sykes, Bedin, Wyman, etc.), the family members will not be notified in accordance with Illinois law (Sykes, Bedin, Wyman, etc.); 3) discovery will be quashed (Sykes, Bedin, Wyman); 4) a hearing will not take place (LDL, Wyman) or just a few controlled questions can be asked (Sykes) in a done deal (Sykes) and if the personal physician will not certify incompetency, the GAL will be told to “find a doctor” that will (Sykes); the person will be isolated from 20+ former friends and family and will NOT engage in former activities, in contravention to the Illinois Probate Act (Sykes, Wyman) (Bedin threatened to be placed in a dangerous South Side nursing home and isolated); ward isolated (Frake, Thomas); forced feeding tube so a bag can be hung twice per day (Tyler, Gore); 29 gold teeth pulled and a forced feeding tube because ward took a long time to eat (Gore)– you get the picture.

If you complain to the ARDC, what responses do you get (published elsewhere on this blog); Sykes–Adam Stern is now Gloria’s guardian; Gore – we find no problems with pulling 29 gold teeth; Wyman, no response, many, many cases get no response or one that makes no sense.

I tell every to write a letter to the ARDC, except no response and then forward it to the FBI.  Eventually they will clean that house.  They already have no ethics reporting mandated under the Illinois Ethics Act of 2009 for years and years–that should do the trick.

We’re waiting, we’re all waiting.

JoAnne

From Ken Ditkowsky — We face real problems here in America

To:     American Civil Liberties Union
Subject:     Assaults on the First Amendment – When Lawyers are threatened with loss of license for speaking out as to Judicial corruption.
Date:   December 13, 2014
From :    Ken Ditkowsky
 
I tossed out your survey as it is irrelevant.   
We face real problems here in America.     We face the collapse of our judicial system and the destruction of our core values.    Ordinary citizens who have never broken a law, never engaged in a terror act,  never assaulted a store clerk, never belonged to a gang, and who just want to be left alone by government are being herded into guardianships by corrupt public officials and judicial officials.    They are then stripped of their prior lives, their liberty and property.     Calls for help are ignored = especially by the ACLU, and ultimately when there is no more pecuniary gain the guardianships end by the victims enjoying involuntary assisted suicide [1].    
The most egregious assaults on the First Amendment emanate from the Courthouse itself.    Therein, men and women who have sworn to uphold the Constitution place their law licenses on the line and subject themselves to loss of their right to practice law for speaking out against judicial corruption.      I am not speaking of proceedings wherein a litigant or a lawyer acts in a disrespectful manner, but, wherein ethically challenged judicial officials have created cottage industries such as ‘elder cleansing.’     (Elder cleansing is the railroading of a senior citizen into an abusive guardianship, isolated from his/her prior life, and systematically separated from his/her liberty and property.)
Incidents of elder abuse and elder cleansing abound and have been reported by the Government Accounting Office to Congress only to receive bureaucratic benign neglect.         Citizens by the score have reported incidents of jurists (and lawyers) totally ignoring the Constitutional protections that form the core values of America and isolating targeted seniors from their life savings and the life that they enjoyed prior to coming into contact with the judicial system.     These citizens (and disabled people) become non-entities except for the purpose of enhancing the pecuniary aspirations of corrupt miscreants.
The Mary Sykes case pending in Cook County Illinois is a poster board example (09 P 4585) of the problem.     Therein Mary, a 90 year old senior who did her own banking, had an audience with President Clinton, was active in her church and garden club and almost totally independent was herded into a questionable guardianship by lawyers and a judge who totally ignored every safeguard that Illinois and Federal Statutes provided.      Litigation commences with the service of summons.   The service is reported to the Court by the Sheriff filing a document called a ‘return.’    When I inquired of the Sheriff as to whether he filed a return, the Sheriff could find no evidence of a return of prior summons ever being prepared, and none appeared in the Court file.     As an incompetent might not understand a summons, Illinois requires 14 days prior notifications to close relatives (jurisdictional) to be given.     This was never done, and it appears that there was no hearing on incompetence.   That step was skipped and the Court went on to determine a ‘care plan!’   The elder cleansing case considered Jurisdiction a technicality and thus is ignored.  
The Court record in Sykes is replete with actions by the presiding jurist that are highly questionable.    Mary’s isolation is a glaring example.   The judge appears to have made no inquiry as to jurisdiction.    Her concern was not in ascertaining the extent of any incompetency or disability that Mary might have, but to get the paper work in the file.      In August 2009 Mary’s treating physician refused to certify that she was incompetent.     The Judge counseled the movant that she should obtain another doctor (doctor shopping).   Both guardian ad litem and the Court was aware that Mary had been literally herded off the street and totally isolated from her two elderly siblings, her younger daughter and life friends–for the past 5 years.    She was removed from Cook County to DuPage County.    The case record is clear that Mary was denied an attorney and a concerted effort was made to silence any objections being made concerning the felonies that Mary was enduring including a transfer of wealth.   Mary’s substantial estate including about a million dollars in collectible gold coins has been dissipated.   Most without the transfers appearing in the inventory.
Mary was not alone in this outrage!    Alice Gore was herded into a guardianship, separated from her family and her 1.5 million dollar estate reduced to zero.   The exhibited avarice included harvesting the gold filings from her teeth.    I have been copying the law enforcement and whomever will listen with the reports that I receive on a daily basis of this elder cleansing.     
I and other lawyers joined in the chorus of complaints to legal authorities of breach of civil rights of Mary Sykes, Alice Gore **** and the other elder cleansing victims.     According to Court records, my first foray was to have the temerity to attempt to investigate the facts of the Mary Sykes case.    I wrote a letter to the guardians and to the treating physician making inquiry as to their view of the facts.    The response was immediate.    Guardian Stern called me on the telephone to inform me that the Court had ordered that no outsider could investigate the file and if I did do so I would be sanctioned by the Court.   A similar called followed initiated by the attorney for the guardian.    I refused to be intimidated and continued my investigation.
To my surprise Guardian Stern, Guardian Farenga and the plenary guardian all brought sanction motions against me.    To my further surprise the court rubber stamped their request to sanction me.     When the Court determined that the injury was $4500 and issued a final order.  I appealed.   The Appellate Court had to vacate the sanction as there was no jurisdiction and did so.     Having practiced Law for half a century I was not intimidated and continued to investigate and call for an Honest, intelligent, complete and comprehensive investigation by law enforcement.     Mr. Larkin and the Illinois Attorney Registration and Disciplinary Commission apparently were offended by my call for an investigation by law enforcement of the felonies occurring open and notoriously in the Circuit Court of Cook County and they stepped in to attempt to stop my complaints and retaliate for my demanding an Honest intelligent complete and comprehensive investigation of the elder cleansing going on in Illinois [2].
Grant Goodman, an Arizona attorney, observed similar elder cleansing in Arizona, and filed suit.    The Arizona lawyer regulators tried to stop him in his tracks.    He was sanctioned by them.    JoAnne Denison published a blog wherein she made a website available to report the abuses and felonies that are common place in the Court houses across America.    Again Jerome Larkin stepped in with another of his ‘star chamber’ disciplinary complaints [3].      Larkin ignored the SCOTUS cases of United States v. Alvarez 132 S. Ct 2537, Brown v Entm’t 121 S. Ct 2729, Ashcroft vs ACLU 124 S. Ct 2783 Synder v Phelps 131 S. Ct 1207, Citizens United v FEC 130 S. Ct 876, McCutcheon v FEC 2014 WL 1301866.     He also ignored Peel vs ARDC of Illinois 496 US 91 wherein SCOTUS made it clear that even Illinois lawyers were entitled to the protection of First Amendment.
I understand that the Denison record before the IARDC can be accessed at
https://drive.google.com/drive/#folders/0B6FbJzwtHocweG5BcTdfZFoxR3M/0B6FbJzwtHocwMFZtZzFhTDk0UTA . [4]    It and the file in In re: Sykes 09 P 4585 speak for themselves.
The bottom line is that when lawyers cannot speak out as to corruption in the Courts no citizen can be confident that the First Amendment has any meaning whatsoever .     Illinois in Operation Greylord enjoyed more than a score of our judges being sentenced to prison for criminal conduct and scores more having to resign, yet, right now in Illinois a lawyer who speaks out and complains (not in the courtroom, but in the public forum) that a particular elected judge is corrupt risks losing his license to practice law.   Attorney Lanre Amu complained to judicial authorities concerning several judges.    He received a three year suspension from Mr. Larkin and the Illinois Supreme Court. [5]
When the ACLU is interested in the War on the Elderly and the disabled and the rights of free speech of ordinary individuals who ask no more than being able to be left alone then ordinary people will contribute to the ACLU.          


[1] Just about every victim of elder cleansing has written to the ACLU and each has been told by your people to go pound sand.     Government is disinterested – almost 100% of the nursing home residents vote for the dominant political party – ergo – why bite the hand that feeds them.    This is especially true when corrupt judges routinely rubber stamp whatever is put before them.
[2] Without a scintilla of evidence of wrongdoing being demonstrated I was suspended for four years.    Had I participated in the theft of Mary Sykes assets a year suspension would have been provided.
[3] Larkin, knowing he has no evidence to sustain any of the outrageous charges that he makes, adjusts the proceedings so that he has almost total control over the proceedings.    For instance, the Sykes case file is strong evidence of misconduct not only by the Judge, but by the guardians.   Ergo, the subpoena for the file was quashed.     Even though Larkin is required to prove his claim by clear and convincing witness, fact witnesses are not tendered to the panel.    Key documents are not produced in discovery.    (In my case two very important letter written by Guardian Farenga were not produced)   The panel appears to have script.    It was most evident in the Amu case wherein the panel made factual findings without a single fact witness (other than Amu) being called to testify.   In my case, the panel’s lawyers have to ‘wing it’ and made a telling mistake.     Pursuant to 755 ILCS 5/11a – 10 close family members are required as a jurisdictional requirement to receive 14 days PRIOR notice of the incompetency hearing.    This was not done, and therefore even by Larkin’s rules he could not prevail.    This did not bother the panel.   They found that Mary’s two sister had knowledge of the incompetency hearing.    There was no testimony as to that fact and in fact there was no incompetency hearing.    But, even if Larkin could prove something happened that did not happen the criteria was not met.    The statute requires PRIOR notice.    The panel apparently could not claim that their clairvoyance was that efficacious.
[4] Attorney Denison’s situation is protected by 47 USCA 230 in addition to 320 ILCS 20/4 and various other State and Federal Laws including the Bill of Rights and the Illinois Constitution of 1970.
[5] Mr. Amu is a special case.    Amu is an immigrant from Africa who fortuitously has a dark hue to his skin.     He is guilty according to the Illinois Supreme Court and Mr. Larkin’s cadre of rubber stamp panels of practicing law while ‘black!’    Mr. Amu has filed a Petition for certiorari to the United States Supreme Court.    (A lawyer who has ‘white skin’ received a five month suspension for speaking out)

Jerome Larkin’s racism in the Amu case is intolerable.    How any attorney working for government can face himself/herself after being involved in these assaults against the Constitution is a real mystery.     I thought that the Nazi war crimes trials after WW 2 put to bed the concept of “just following orders!”     

Ken Ditkowsky

Entire Record on Appeal–now availbe ARDC v. JMD

the trial transcript starts on p. 311.

https://drive.google.com/drive/#folders/0B6FbJzwtHocweG5BcTdfZFoxR3M/0B6FbJzwtHocwMFZtZzFhTDk0UTA

this will be used for my brief.  Let me know if there are any volunteer attorneys out there willing to write my brief and that would help me very much because I am very, very, very busy helping probate victims.

writing the brief should be very easy because we have all the case law, you will learn a whole lot about first amendment rights, and it’s merely a matter of assembling together the brief.

thanks

joanne

PS–for all of my mutterings during pretrial about the ARDC getting organized electronically and moving into the 21st century, I dropped off my exceptions today and my assistant (volunteer, thank to Susan, very, very much) was handed the entire Record on Appeal!  Very good.  A hundred gold stars to the clerks of the ARDC today for that.

Now, if they can only get it on gdrive or drop box, a next step.

Yeah, Exceptions to the Review Board of the IARDC, finally done, done, done!

https://drive.google.com/open?id=0B6FbJzwtHocwajlDeVlCNFI5TFE&authuser=0

This is just like a Notice of Appeal, so I just have to say what I am appealing.  I have made a detailed listing.

Ken liked it, but he also wanted me to mention that the Alvarez SCOTUS case (fake medals of valor) says that it is not up to a US appellate court or the trier of fact to determine if First Amendment protected statements are in fact true or not because then the US government becomes the arbiter of truth, and who wants that?  When a government becomes the arbiter of truth, that is indeed a scary thought and especially in Illinois where we are in the top 3 of corruption this year, and always in the top 5 year after year, as analyzed by journalists and court records of indictments and convictions of politicians and state and city employees.

Let me know your comments and thoughts, and unlike the weenie ABA that finds a need to remove them, MY BLOG IS COMPLETELY OPEN, HONEST AND DEMOCRATIC.

I find the actions of the ABA to remove dozens of posts in support my blog and of the US First Amendment to the US Constitution insulting and degrading to not only me, but the US and Illinois constitution.

JoAnne

ADVOCACY ALERT–Let’s fund the Elder Justice Act

From the Elder Justice Coalition:

A National Advocacy Voice for Elder Justice in America
Over 3,000 Member Coalition
John B. Breaux
 Honorary Chair
Robert Blancato
National Coordinator

http://www.elderjusticecoalition.com

ADVOCACY ALERT: Tell Congress to Support Elder Justice!
Last night, the FY15 Omnibus Appropriations Bill, H.R. 83, was released. It includes $4 million for the Elder Justice Initiative, which would be the first direct congressional appropriation for the Elder Justice Act after your four years of hard work.  In other words, H.R. 83 represents a breakthrough in the long-stalled effort to fund the Elder Justice Act. This $4 million would provide competitive grants to states to test and evaluate innovative approaches to preventing and responding to elder abuse.
However, the larger omnibus bill has to pass before the Elder Justice Initiative can be funded.
Contact your members of Congress today to urge them to support elder justice by supporting H.R. 83! You can call your Senators and Representative at 202-225-3121 via the Congressional switchboard and/or send an email to your Senatorsand Representative.
We will keep you informed as the bill moves through Congress. Contact your members today to tell them to support elder justice by supporting H.R. 83.

If you don’t know who your representative are, please visit a website to contact them and push to fund the Elder Justice Act.

JoAnne

A Desperate Plea for help from Sandra Black

Please help this woman if you can

Sent: Tuesday, December 9, 2014 11:34 AM
Subject: MILDRED BARBER NO LONGER ALLOWED VISITS FROM HER DAUGHTER EVER?
FLAG HARDSHIP! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
RE: ELDER AND FAMILY ABUSE & ALIENATION

Dear Congresswoman Susan Brooks   C/O Catherine Watkins,

Future Choices Inc. Guardians over my mother Mildred Barber have REFUSED to care for Mildred from the onset of being awarded the guardianship by a CORRUPT JUDGE HAAS!  I am on SSI without funds to get an attorney to save my mother from abuse.  In America that’s no reason to LEAVE AN ELDERLY WOMAN AND HER FAMILY ABUSED!

SANDRA BLACK AND THE FAMILY OF MILDRED BARBER ARE TOTALLY 100% SHUT OUT OF VISITATION WITHOUT ABUSE AS OF NOVEMBER 28TH.

MILDRED HAS DEMENTIA, THUS SERIOUS TIME ISSUE IS AT HAND AS SHE CAN FORGET US, AS THE SYSTEM IS TRYING TO FORCE INTO HAPPENING.

GRANT COUNTY PROSECUTORS – KNOW that Mildred is left with a cruel and GREEDY son, they have received complaints from the family of ABUSE.  The complaints CAN NOT BE INVESTIGATED unless he is caught on video red handed according to the prosecutor’s office our complaints are meaningless.  Recordings sent to the prosecutor’s office by flash drive AND BY EMAIL are told to Sandra Black that they either can’t understand it or they can’t receive it.

NO ATTEMPT TO FIND OUT WHY THE EMAIL IS NOT WORKING WAS MADE.  A copy is always sent to his email.  I was told by James Luttrul that he has never received an email from me.  His email address is copied here.

FUTURE CHOICES INC. IS SPITEFULLY SETTING MILDRED BARBER UP TO BE PLACED IN A NURSING HOME AGAINST HER WILL.

THEY ARE FORCING HER TO LIVE WITH AN ABUSIVE SON!

SHE HAS A DAUGHTER AND GRANDCHILDREN LOVING AND READY TO CARE FOR HER TOTALLY BLOCKED AWAY FROM ACCESS!

IT IS ILLEGAL TO ALIENATE THE FAMILY AWAY FROM THE ELDERLY LOVE ONE DUE TO BOTH LAZINESS AND REFUSAL TO ADMIT THAT AGENCIES INCLUDING THE ADULT PROTECTION SERVICE NEVER REMOTELY TRIED TO DO THEIR JOB.

THAT’S NEGLECT, BULLYING, AND INTIMIDATION!!!

They are abusing their authority to JUST REPORT ANYTHING WITHOUT ANY INVESTIGATION OR PROOF!

IT’S TIME TO STOP THE ABUSE and allow Mildred Barber to be cared for by her loving family, not a sick son (KNOWN IN THE COMMUNITY FOR BEING SICK) worse…    who has a serious vendetta against her.  HOW SICK THAT THIS VENDETTA WAS REPORTED AND NO ONE EVER TRIED TO REMOTELY CHECK COURT RECORDS TO SEE IF MILDRED ANGRILY WENT TO THE COURTS TO HAVE ELIJAH’S CHILDREN REMOVED FROM HIS CUSTODY DURING THE DIVORCE BATTLE.  HOW MANY WITNESSES THAT KNOW THAT IN HER RIGHT MIND ELIJAH WAS SERIOUSLY FROWNED UP ON AS A SON AND THAT SANDRA BLACK NEVER HAD A SINGLE ARGUMENT AND WAS MILDRED’S PRIDE AND JOY?

BUT THEN WHO GIVES A DAMN?

Shes just an old black woman.  We don’t have to help her, she’s nothing to us?????

Well, I do care and I say it’s time officials who want to be paid to do their jobs should START DOING THEIR JOBS AND PUT AN END TO MOTHER’S ABUSE.   Let her daughter and FAMILY care for her and STOP TRYING TO THROW HER INTO A NURSING HOME FOR YOUR LAZY AND NONSENSICAL, NON CARING, SELFISH REASONING.
SANDRA BLACK

Please call Tammy Wolf at 765-668-3688,  She’s the only official EVER to go out unannounced so that there was not time to BULLY mother powerfully enough to effect mother telling her about her son.  SHE ALSO KNOWS THAT ELIJAH IS AN EXCELLENT CON-ARTIST.
The adult protective services REFUSES to call her back or to help us AT HER REQUEST.

SUSAN BROOKS, I DO EXPECT YOUR OFFICE TO STOP THE ELDER ABUSE AS THE PROSECUTOR reports he does not get my emails.

My contact info:
Sandra Black
312 West 16th Street
Marion, Indiana 46953

home  765-662-1068
cell     765-506-6223

From Ken Ditkowsky — new comments concerning Cynthia Farenga

From: kenneth ditkowsky <kenditkowsky@yahoo.com>
To: “support-mobile@dowjones.com” <support-mobile@dowjones.com>
Sent: Monday, December 8, 2014 11:27 AM
Subject: Re: Fw: My posts are now blocked on the ABA journal site (KMM34075327I72L0KM)
Thank you.
This elder cleansing situation is a National disgrace.     It is also a cancer in that lawyers are being told – complain about judicial corruption and you lose your First Amendment Rights.   Unfortunately this situation is not confined to the Elder cleansing issue.   
For your information I decide to examine the letter of one of the two guardian ad litem in the Sykes case.  The letter was amazing in it lack of candor and intellectual honesty.    

Admissions by Farenga

 
The statement of Ms. Farenga is replete with admissions and disclosures of the perfidy that has occurred in the Mary Sykes case.     Mr. Farenga’s statement was in words and phrases:
“I am commenting for one reason only, and then in a limited way. JoAnne, Ken and Gloria and Tim Lahrman have been publishing untruths and fabrications about Mary Sykes” case for the last 4 1/2 years and they are not going to stop.. The denial of their complaints, which JD,, KD and GS have in total filed in virtually every court level including state and federal, in multiple divisions of state court, of appeals and requests for reconsideration, all of which they have lost, speaks to the untruths of their claims. There is no way that every court, panel and individual judge from the 7th Circuit down is corrupt. As the briefest example of their untruths, I have not retired from the practice of law, let alone for any reason related to the Sykes case. JD has made this claimed before and I have corrected her, just as I have informed her that the real estate transactions she accuses my husband of making (not that she has described what is wrong with them) were not made by my husband, who has a very common first and last name. One last clarification, and I am limiting my comments because I too could write endlessly about this case: Gloria Jean Sykes HERSELF filed a petition to have her mother declared a disabled person (incompetent). She could not possibly have more clearly submitted herself to the Court’s jurisdiction. A hearing took place at which she presented witnesses and cross-examined them. The saddest fact of all is that Gloria Sykes has refused to visit her mother because of the Court’s requirement that a supervisor be present. Regardless of her vehement opposition to this requirement, she has chosen to deprive her mother of her company rather than abide by a condition which might have been waived n the future if she’d comported herself during any visits she’d chosen to make. Adam Stern and I beseeched her to visit her mother despite needing a supervisor and told her that her case would in no way be legally prejudiced by using a supervisor. Yes, she could have been visiting her mother but preferred to make another choice. Both Adam and I volunteered to serve as supervisor without charge in order for a visit to take place. Actions speak louder than words. These people are living in their own universe. Their untruths to my comment will be forthcoming …”
Now let’s examine what Ms. Farenga actually says:
“I am commenting for one reason only, and then in a limited way. JoAnne, Ken and Gloria and Tim Lahrman have been publishing untruths and fabrications about Mary Sykes” case for the last 4 1/2 years and they are not going to stop… The denial of their complaints, which JD,, KD and GS have in total filed in virtually every court level including state and federal, in multiple divisions of state court, of appeals and requests for reconsideration, all of which they have lost, speaks to the untruths of their claims. “ [1]
Response:     What untruths Farenga refers to is not specified.    In fact, Mr. Larkin in two disciplinary prosecutions has failed to specify what there untruths are.     Certainly, the lack of jurisdiction is not seriously questioned.     It is horn book law that in order to appoint a guardian the Court has to obtain jurisdiction over the person.   This is obtained usually by service of documents.     In particular due process requires notice and hearing.      If you examine the Court file in the Sykes case 09 P 4585 there is no return of summons on Mary.    There is a stamp with a name on it by the sheriff does not acknowledge it as anything.    A return of summons usually is a statement under oath or its equivalent that the person has been in fact delivered a copy of a properly constituted summons in a timely manner.    This is lacking.
What is also very disturbing is that the Clerk of the Circuit Court did not have distribute to attorneys at the time that process had to be served a form summons that complied with the Statute 755 ILCS 5/11a – 10.    
As there is a petition that has to be filed by the Applicant to have the citizen declared incompetent this Petition must disclosed the near (close) relatives such as siblings, children etc. [2]     Of course, Ms. Farenga, Mr. Stern, Mr. Schmiedel, Mr. Larkin et al are all silent concerning the fact that the petition filed neglects to disclose that Mary had two living siblings.    Thus, they were not disclosed.    The rationale for disclosure is the fact that Illinois as a matter of policy – but not practice – does not wish to have citizens elder cleansed.     The statute requires that as a jurisdictional matter the near (close) relatives such as Mary Sykes two sisters and younger daughter be afforded 14 days prior notice of impending proceedings to have Mary’s competency be adjudicated.
Ms. Farenga, Mr. Stern, Mr. Schmiedel, Mr. Larkin et al are all silent as to this jurisdictional matter.      The Court record does not contain any affidavit of notice being afforded.     Larkin  and his co-conspirators in their  18 USCA 371 action and assault on the First Amendment has run up the flag pole several scenarios to attempt to make the lack of jurisdiction an untruth.     Schmiedel has attempted to equate a hearing on a care plan into a competency proceeding.     Unless the proceeding is ‘fixed’ this is impossible as the Illinois Statute reads:
 
(b)  Guardianship shall be utilized only as is necessary to promote the well-being of the disabled person, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual’s actual mental, physical and adaptive limitations. 
755 ILCS 5/11a-3
 
Any reasonable interpretation thus requires a detailed medical examination so as to inform the Court of the extent necessitated by the individuals’ actual mental, physical and adaptive limitations.      Clairvoyance is not a substitute.    The discussion of a care plan prior to an appropriate hearing is putting the cart before the horse.    
Ms. Farenga, has been invited to detail the statements that she claims are false.   She cannot do so.    Each of the statements is supported by affidavits, testimony (or admissions) and the Court records.    The averments made by Larkin, Farenga, Stern, Schmiedel et al are unsupported and refuted by not only statute but everyone who has knowledge of the facts.
 
“There is no way that every court, panel and individual judge from the 7th Circuit down is corrupt. As the briefest example of their untruths, I have not retired from the practice of law, let alone for any reason related to the Sykes case.
Comment:    This sentence is the type of ‘strawman’ and obfuscation that the Larkin and Farenga are reduced.     No one has claimed that every judge is corrupt except Ms. Farenga.     Ms. Farenga was noted to have closed her law office on the North Shore.
“JD has made this claimed before and I have corrected her, just as I have informed her that the real estate transactions she accuses my husband of making (not that she has described what is wrong with them) were not made by my husband, who has a very common first and last name. “
Comment:    I assume that JD refers to JoAnne Denison not Judith Ditkowsky, Joseph Dubow, ****.    I also assume that Farenga is referring to investigations by some investigative reporters who made inquiry into Ms. FArenga’s husband’s campaign contributions and his participation in some very shady judicial sales.     There reporters were anticipating that Mary Sykes very valuable residential lot in Norwood Park would be sold at a very bargain price.      The lot was appraised at approximately $700,000.00.     The reporters reviewed some of the questionable sales and with the aid of some real estate professionals traced the pattern.      It was expected that after a bunch of gestures and complaints that the Sykes estate was bankrupt or near bankrupt.     In an effort to raise the fund the guardian would request the right to sell Mary’s home.    The highest price that could be obtained would be in the 200,000 to 300,000 dollar range.    
After the money was in hand it was easily divided.     The sale however would be a sham.    A nominee for the miscreants would be the purchaser.   After a series of mesne transactions the miscreants would create an exculpatory paper trail complete with sham mortgages, liens etc.    Finally the $700,000 would be realized and the proceeds distributed as a capital gain.   (The tax evasion is reported by the family of Mary Sykes pursuant to 18 USCA 4).
 
One last clarification, and I am limiting my comments because I too could write endlessly about this case: Gloria Jean Sykes HERSELF filed a petition to have her mother declared a disabled person (incompetent). She could not possibly have more clearly submitted herself to the Court’s jurisdiction. A hearing [3] took place at which she presented witnesses and cross-examined them. “
 
Comment:    Ms. Farenga has written endlessly concerning this case to various staff members of the IARDC complaining about the fact that Ms. Denison and I were not playing dead and were calling for an HONEST complete and comprehensive investigation of the irregularities that were so evidence in the Court record.    She was upset that various Blogs had picked up on the misconduct (elder cleansing) and were broadcasting the call for an investigation.    Worse yet she was busy issuing denials on behalf of the guardian as to the drilling of a safety deposit box and the removal of about a million dollars in gold coins and the theft of other collectibles = none of which were inventoried.     Interestingly the guardian never denied the alleged thefts nor did Larkin have the temerity (or courage) to call the guardian as a witness to deny the alleged thefts!      The information concerning these matters is contained in Ms. Sykes’ e-mails and in her affidavit which was filed with the Illinois Attorney Registration and Disciplinary Commission.    Larkin (by his attorneys) went to extra-ordinary means to prevent Gloria Sykes from testifying as to these matter and certainly did not call her as a witness.    (Of course he did not need to – the results of hearings held under his directions appear to the undersigned and court watchers to be pre-determined and for form value only).
Whether the Court had jurisdiction over Gloria or not is irrelevant and a red herring.     The guardianship proceedings were intended strictly to determine if Mary was incompetent or not.   The fact that the proceedings were wrongfully used to garner control over Gloria Sykes property is another matter that should be addressed by the Attorney General of the United States.    Ms. Farenga did not cover herself with glory when she obtained the sequestration of Gloria Sykes property by what appears to myself and others to be memorialized in the Court record as an oral petition that was later reduced to writing after the damage was done.     
Unfortunately for Ms. Farenga no jurisdiction was ever obtained over Mary Sykes, thus it is apparent that no jurisdiction could be obtained over anyone else!    The concept of a traffic court judge adjudicating the defendant guilty of over=time parking and granting the defendant’s wife a divorce and custody of the children is quite foreign to American jurisprudence.
The clause however highlights on the tactics that is so commonly used by the elder cleansers in their war against the elderly and the disabled.    It was reported that Gloria Sykes was advised to file a counter petition in order to protect her mother from what appears to be a vindictive guardianship.    Farenga of course fails to disclose that the guardianship proceeding was a retaliation for Mary reacting to the alleged theft of $4000.00 from her bank account and some bad conduct by her older daughter.    (Mary had gone to court and on her own filed a Petition for Protection against the older daughter.   The older daughter then started these proceedings only to be thwarted by Mary’s doctor who refused to certify that Mary was incompetent)   Thus, Farenga amorally attempts to side=step the facts by the statement supra.    This tactic is used in many of the elder cleansing guardianships.   It is terrific – it places the family members on the defensive.
 
The saddest fact of all is that Gloria Sykes has refused to visit her mother because of the Court’s requirement that a supervisor be present . Regardless of her vehement opposition to this requirement, she has chosen to deprive her mother of her company rather than abide by a condition which might have been waived n the future if she’d comported herself during any visits she’d chosen to make. Adam Stern and I beseeched her to visit her mother despite needing a supervisor and told her that her case would in no way be legally prejudiced by using a supervisor. Yes, she could have been visiting her mother but preferred to make another choice. Both Adam and I volunteered to serve as supervisor without charge in order for a visit to take place. Actions speak louder than words. These people are living in their own universe. Their untruths to my comment will be forthcoming
 
Comment:   Intellectual honesty and truth is a stranger in the world of the elder cleansing war on the elderly and the disabled.   
The saddest fact of all is that Gloria Sykes has refused to visit her mother because of the Court’s requirement that a supervisor be present [4]
Comment:     Why should there be any requirement of supervision?      Immediately, prior to the guardianship Mary was active in her community, her church, her garden club.    She even went with Gloria to a media event and had a conversation with the President of the United States.     The quoted words of 755 ILCS 5/11a – 3 are consistent with and in compliance with the Americans with Disabilities Act requirement that a reasonable accommodation be made for any disability.    Ms. Farenga, Mr. Larkin, Mr. Stern, et al are estopped to deny a lack of disability as they worked so hard to commit an alleged fraud on the Court as to the said disability.    N.B.   This is the reason that they got so upset when Mary was recorded by friends and family on the rare occasion when visitation was allowed!      Pictures were routinely confiscated and the miscreants could be heard to implore the judge to impose sanctions and destroy videos that were taken.    On the MarySykes blog the videos that Farenga, Larkin, Schmiedel, Stern etc. have tried to censor are displayed.    They demonstrate a Mary Sykes who has very limited disabilities if at all.    The cover-up of the railroading of Mary Sykes is respectfully submitted for the rationale for both Ms. Denison and me to be disciplined and be suspended for absurd period of time.    (I got four years).
The affidavit and testimony of Scott Evans refute Ms. Farenga’s distortion.      Whether you are fond of Gloria Sykes or not she made herculean efforts to keep in contact with her mother even though her mother was removed from Cook County by the inappropriate and statutory defective actions of the miscreants.      The statement by Farenga is patently frugal with the truth.  
 
“Regardless of her vehement opposition to this requirement, she has chosen to deprive her mother of her company rather than abide by a condition which might have been waived n the future if she’d comported herself during any visits she’d chosen to make. Adam Stern and I beseeched her to visit her mother despite needing a supervisor and told her that her case would in no way be legally prejudiced by using a supervisor”
 
Comment:       This group of sentences describes the attitude that is so offensive in these elder cleansing cases.      Ms. Farenga as an attorney is well aware that guardianship is a status that should be used only when a reasonable accommodation is necessary to be afforded.     It is not a penalty or a punishment.     The requirement of supervision is an onus on the senior citizen about to be cleansed and a method of abuse imposed not only on a resisting family but the senior citizen himself (herself).     Why would the younger child of the cleansing victim (guardian zed victim) have to have any restriction on her visitation if the criterion stated in the statute was to be imposed, to wit:
(b)  Guardianship shall be utilized only as is necessary to promote the well-being of the disabled person, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual’s actual mental, physical and adaptive limitations. 
755 ILCS 5/11a-3
 
Ms. Farenga fails to recognize that “ Guardianship shall be ordered only to the extent necessitated by the individual’s actual mental, physical and adaptive limitations”    I believe it was Ms. Farenga who applied for the restriction saying that family members were agitating Mary Sykes.     Indeed, any intelligent person who was aware of her surrounding would be agitated if told by a court that she was to be taken out of her life, be separated from her friends, her family, her sisters, her younger daughter, her church, her garden club and her life!       Ms. Farenga and a Court totally lacking in jurisdiction and statutory compliance assaulted Mary’s Fifth and Fourteenth Amendment Rights.    By the stroke of pen in a kangaroo proceeding Mary became a non- person.
As a human being Ms. Farenga had a duty to join arm and arm with Mary’s family and friends in protesting the injustice that Ms. Farenga described.     As an attorney Farenga scuttled her Oath and her integrity!     Had Farenga as guardian ad litem done her job she would have insisted on the Petition for a Protective Order be heard immediately and the $4000.00 unauthorized withdrawn by the applicant for guardian be addressed by law enforcement.  
The petition for guardianship is not something that can be taken lightly!     It is a serious matter to take away liberty rights from a person.     When it appears that the reason for interfering with the liberty rights is to remove property rights the problem becomes even more serious.    Ms. Farenga does not discuss the numerous trips to the emergency room at Edwards Hospital by Mary, the admission of neglect by the guardian, or the exhibition of wealth by the guardian who prior to the appointment is reported to have been a virtual Bankrupt.   
The arrogance of Farenga is exhibited by her “now” offer to be a supervisor of the visitation by Ms. Sykes with her mother.    I personally recall that Scott Evans, Gloria Sykes, and Mary’s sisters begged for visitation with Mary and were refused.    They could care less if Farenga or Stern was present.   They were turned down most of the time.    (Stern did on several occasions make the gesture of arranging visitation – but it appeared that he wanted something and that appeared to be his motivation)  
Good faith on the part of the miscreants (including Jerome Larkin) is totally a stranger and totally lacking.    So far any gold in Mary Sykes teeth has not be harvested nevertheless the Holocaust that she is being subjected to is deplorable and wrong.    As the guardian purchasers expensive diamond rights, throws lavish parties, and remodels her home Mary Sykes has been deprived of her liberty, her property, the association and social intercourse with her friends, family and neighbors.    Shame!!
Mr. Jerome Larkin and the Illinois Attorney Registration and Disciplinary Commission along with the acting miscreants should be ashamed of themselves and resign from the human race.   We as citizen should be ashamed of ourselves as we have not done enough to address an ISIS assault on America and its key values.    Merry Christmas.
 


[1]  Ms. Farenga and along with Mr. Stern, and Mrs. Schmiedel ignored the Jurisdictional criterion that is usually applied in American courts and in an effort to intimidate me from investigating the Mary Sykes 09 P 4585 filed a sanction motion against me.     Even though I at the time had only started my FRCP 11 investigation, the Court in an effort to stop my looking into the aforesaid case actually sanctioned me.    I took an Appeal to the Appellate Court of Illinois.   The Court was forced to vacate the sanction order on the basis of a lack of jurisdiction.   Of course Ms. Farenga does not recognize this decision in her quest for obfuscation of the elder cleansing of Mary Sykes and her participation in the War against the elderly and the disabled.

[2]
§ 755 ILCS 5/11a-8. Petition

·         Sec. 11a-8.   Petition. The petition for adjudication of disability and for the appointment of a guardian of the estate or the person or both of an alleged disabled person must state, if known or reasonably ascertainable: (a) the relationship and interest of the petitioner to the respondent; (b) the name, date of birth, and place of residence of the respondent; (c) the reasons for the guardianship; (d) the name and post office address of the respondent’s guardian, if any, or of the respondent’s agent or agents appointed under the Illinois Power of Attorney Act [755 ILCS 45/2-3], if any; (e) the name and post office addresses of the nearest relatives of the respondent in the following order: (1) the spouse and adult children, parents and adult brothers and sisters, if any; if none, (2) nearest adult kindred known to the petitioner; (f) the name and address of the person with whom or the facility in which the respondent is residing; (g) the approximate value of the personal and real estate; (h) the amount of the anticipated annual gross income and other receipts; (i) the name, post office address and in case of an individual, the age, relationship to the respondent and occupation of the proposed guardian. In addition, if the petition seeks the appointment of a previously appointed standby guardian as guardian of the disabled person, the petition must also state: (j) the facts concerning the standby guardian’s previous appointment and (k) the date of death of the disabled person’s guardian or the facts concerning the consent of the disabled person’s guardian to the appointment of the standby guardian as guardian, or the willingness and ability of the disabled person’s guardian to make and carry out day-to-day care decisions concerning the disabled person. A petition for adjudication of disability and the appointment of a guardian of the estate or the person or both of an alleged disabled person may not be dismissed or withdrawn without leave of the court.  
755 ILCS 5/11a-8
[3]The use of the word hearing is a stranger to the truth.     A guardian was appointed for Mary Sykes without any hearing.     Adam Stern in an e-mail to Gloria Sykes is reported to have stated that he and others got together an agreed that Mary Sykes needed a guardian.   The Court rubber stamped the order presented.    In her Evidence deposition the Court at approx. page 90 states that had someone told her that there was no jurisdiction she would have vacated her order.    She then stated that she would then reach the same conclusion.     From the clear words and phrases contained in the Judge’s deposition there is little doubt that if a victim is designated as to be the subject of elder cleansing the result is a foregone conclusion.       The Court record clearly reveals that there was no actual hearing in which testimony was taken in which any inquiry was made of 1) if Mary had any infirmity and 2) the extent and nature of that infirmity.
[4] It boggles the imagination that anyone would claim that Aunt Yolanda or Daughter Gloria Sykes missed an opportunity to visit with Mary.    Each of them begged endlessly to Adam Stern and Cynthia Farenga that they arrange visitation time.    It was routinely refused!      Many of the appeals were made in my office on my speaker phone.     Mr. Scott Evans on his own investigated to try to find where the miscreants were hiding Mary.    He found her in a ‘day care center’ surrounded by no stimulation.     His inquiry caused him to be admonished by Farenga, Stern et al.