From Barbara Stone–Her List of Felonies or ‘Table of Torts” to help us all–victims and lawyers for probate victims

List of crimes in probate/List of statutes violated in probate

  • First degree felonies under Florida Statutes 825 committing financial fraud and exploitation in a sum of $100,000 or more from an eldery person
  • First degree felonies of abuse and aggravated abuse under Florida Statutes 825
  • Perjury 18 USC 1001–lying to the federal government department,division or agency.
  • Tampering with evidence (spoliation of evidence)
  • 18 USC 2071 deletion or tampering with court or government records
  • Obstructing justice
  • Dereliction of Duty
  • Violation of Bill of Rights, 1st & 6th Amendment
  • United States Constitution Art 3 Sec 3 (right to jury trial often denied)
  • Conspiracy under 42 USC 371
  • Theft, Conversion and Fraud, fraud on the court, intrinsic and extrinsic fraud and fraud in the inducement, misrepresentation, negligent misrepresentation, consumer fraud (nursing homes that lie and say a disabled person cannot leave without someone signing for them, or a doctor’s note or some nonsense)
  • Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress
  • Tampering with court records, transcripts and other records (see, spoliation of evidence)
  • Forgery (of POA’s and wills)
  • Hobbs Act. 18 USC sec. 1951.  Extortion by force, violence or fear.  The Hobbs Act prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce “in any way or degree.” Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy statute at 18 U.S.C. § 371. (This is used for bribing judges.  It does not create a private cause of action).
  • Honest Services Act.  For civil servants.  18 USC sec 1346.   “a scheme or artifice to deprive another of the intangible right of honest services.” Thus, a new crime of honest services fraud was created with the following elements: (1) a scheme to defraud that includes a material deception; (2) with the intent to defraud; (3) while using the mails, private commercial carriers, and/or interstate wires in furtherance of that scheme; and (4) that resulted in the deprivation of the intangible right of honest services.  Honest services is not just for crooked politicians but can also apply to an employer/employee relationship or a fiduciary relationship.
  • Computer crime act.  18 USC sec. 1030.  Using a computer to affect interstate commerce, damage a computer (computer hacking), obtain unauthorized information, use another’s password without authorization, access a computer without authorization and create economic damage or loss in interstate commerce, etc.  Provides for private cause of action.
  • Securing writings by deception (also see the tort of intrusion upon seclusion–for violation of HIPPA, improper disclosure of private writings, etc.)
  • Fabricated evidence that victim lacked capacity to give consent
  • Kidnapping
  • Abduction
  • Unlawful Restraint (also unlawful chemical restraint by psychotropic drugs which are contraindicated by the FDA for those under 20 and over 60–report to doctor’s licensing authorities)
  • Elder Abuse and Aggravated Abuse, (320 ILCS sec 20)
  • Elder Exploitation
  • Depriving crime victim of medical care
  • Discrimination (14th amendment.  must be in “suspect class” for race or sex.  discrimination against elderly in most states starts at age 60, 45 for employment)
  • Retaliation (under first amendment and ADA-Americans w/Disabilities 42 USC 22203)
  • Coercion, extortion, duress, incapacity
  • Defamation, slander, false light and libel against protective family members that recognize quickly something is seriously wrong in court and with the court proceedings themselves.  Discovery is denied.  Homes sold without notice and bank accounts drained quickly.  Wards drugged.  If a family member speaks out, then they “aggitated the disabled” and must be banned from visitation, or worse yet, they must have a $150 per hour supervisor who plays with a cell phone or tablet for an hour.  The “supervisor” often gets $10/hr if working for a tied in agency.  Family members have been set up for felonies to disqualify them as guardians.  Tied in agencies make up fake stories of aggitation, the ward cried, etc.  Some make up fake stories that a family member swore at them.  Some lock others living in the house out of the house without a court order, etc.  (Of course, the ward cries and is aggitated as they are locked away in a nursing home and their homes sold and bank accounts drained, but they blame it on the family members).
  • Attempted Murder
  • Premeditated Murder
  • Official Misconduct
  • Abuse of Power
  • Color of Law Abuse (no jurisdiction, no summons and complaint properly served on disabled, no family members properly notified 14 days in adance of any hearing to guardianize relating time, date and place of hearing)
  • Criminal Racketeering (RICO 18 USC sec 1961)
  • Human Trafficking
  • Money Laundering
  • False Arrest, False Imprisonment
  • Entrapment
  • Battery
  • Wire fraud, mail fraud (18 USC 1341) and bank fraud (all federal crimes); medicare fraud (for sending disabled back and forth between nursing home and hospital for false procedures, to fill beds, etc.)
  • Conversion, theft and embezzlement.
  • Breach of fiduciary duty, self dealing
  • Lying to the fed government and courts system to defraud the US government to obtain a right or benefit not entitled to 18 USC 1001
  • False imprisonment
  • Theft and Fraud, fraud on the court, intrinsic and extrinsic fraud and fraud in the inducement
  • Kidnapping
  • Abduction
  • Unlawful Restraint (see chemical restraint)  – chemical restraints (halodol, seroquel, fentanyl patches, lithium, narcotics including oxycontin, dilaudad, etc.) It is illegal to dispense chemical restraints for any psychiatric condition not FDA approved.  All or nearly all psychotropic drugs are not FDA approved for those over 60 or under 20 or patients that have any internal organ condition, or a disease or condition involving heart, brain, kidneys, liver, etc.  Report the doctor prescribing to the authorities for discipline.  Illinois has strick standards for dispensing psychotropic drugs which are not allowed without full disclosure and consent by the patient after exploring other treatment options including, but not limited to, therapy.  Many nursing homes have entire rooms, floors and buildings of illegally drugged disabled and elderly patients using chemical restraints without their consent or full disclosure.  A guardian cannot consent to this, the patient must consent themselves. 40% of all psychotropic drugs are sold to nursing homes. The government looks the other way.  Disgusting
  • Discrimination
    Retaliation under the ADA and 42 USC 12203, First Amendment Retaliation for speaking out.
  • SLAPP action for being sued for speaking out.  Citizen’s Participation Act in Illinois 735 ILCS 110/5
    Attempted Murder (use of contraindicated drugs, isolation from family members and friends, suspicious  falls leading to confinement to bed, etc.)
  • 18 U.S. Code § 3 – Accessory after the fact.  Note a defendant can be an accessory or aider and abetter of a crime or tort, before the fact, during the act, and after the fact.
  • 18 USC 4 Misprison of felony for failure to report felonious activities promptly to the auhorities.
  • Official Misconduct
  • Color of Law/Due Process violations Abuse – 42 USC 1983
  • Criminal Racketeering
    Battery for repetitive fractures, administration of chemical restraints contraindicated by the FDA,
  • Wrongful implantation of a feeding tube without consent, and deprivation of the sensation of food and chewing against her will
  • Loss of consortium between parent and child (a tort in 13 states in the US, not Illinois–yet)
  • Torture under the international treaties against torture for: chemical restraints, implanting feeding tubes against a person’s will and deprivation of sensation of taste, chewing and swallowing food because a nursing home will not spend 15 to 20 min. per meal assisting an elderly person to eat and drink, it costs too much.  Torture can also occur by isolation from many friends and family members.  Torture can also occur when the disabled is deprived of dentures, partials, hearing aides and glasses when needed.  Sometimes a disabled is forced to wear thick glasses when not needed.  This makes the disabled person more confused, speeds up dementia and confusion and death.  It is used as a device to make the person feel more vulnerable and threated. Stockholming may occur (keeping an elder dependent, as a prisoner and restrained until they think of their captor as a savior and master, rather than a despot). When the disabled person or family members attempt to report felonies to the authorities, Martha Mitchell Syndrome may result (where the person is telling the truth but no medical personnel will believe them, esp. psychiatrists and psychologists, it is too fantastical.
  • In some instances, the disabled will cause to suffer a fall when first in the nursing home and will be deprived of medical care so hip and leg fractures do not heal and the disabled must be bed ridden with pain or in a wheel chair.  In other cases, disableds that can walk with a walker or shuffle are told never to stand up or walk, they are a fall risk and they put an alarm on them 24/7 to keep them in bed or a wheelchair because inadequate staff has no time to walk with them with a belt or assistance to provide necessary strength and balance.  Leg muscles quickly atrophy, making the person feel more frail and vulnerable than necessary.  Nursing home hours are likely illegal because a disabled cannot stay up and watch a movie or late night show, as she used to with friends and family.  In many cases, a disabled is barred from leaving a nursing home with friends and family and can no longer go to any familiy gatherings, chruch events, as they used to. Some disableds spend years in a nursing home indoors, never seeing the light of day and are told by staff and/or management they cannot or must not leave the facility, even to take a walk.
  • Deprevation of wholesome food and nutrients.  Most nursing homes have no diets that include many fresh, organic quality vegetables and nursing homes do not insist on testing residents for nutrients that are likely lacking such as vitamins B (prevent depression and anxiety) C (in lyposomal or lypospheric form to be easily absorbed.  C is an essential nutrient to all cells), D3 (sunlight is best, but residents should be tested and supplemented if levels are below 50 to 100 nGr/mL), probiotics and sulfur.  Nursing home diets are famously high in carbs and sugars contributing to obesity, dementia, heart disease, inflammation in joints and arthritis, etc.

I will update this list–thank you Atty Barbara Stone for starting it and all the input from all of you victims out there that have told me dozens and dozens of sneaky, underhanded and deceptive means for isolating, torturing and hastening the demise of the elderly, generally in for profit nursing homes across the US.

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