From Ken Ditkowsky–massive fraud in US health care

Date:  January 23, 2016
 
The link that is the subject of this e-mail has many valid points, but unfortunately it misses the real reason that Obamacare – or any other health care program will fail.     In a word, no government or private program can be successful is it is replete with massive fraud.
 
Health care fraud is a ‘given’ when it becomes universal.      A sick person wants desperately to be cured and the lure of a magic pill or a magic cure is very inviting.    How do you know that ant dung will not cure the illness that plagues me?     Indeed, we all suffer from this problem and there is always a willing seller.
 
The current cadre of public officials, political elite, and ‘ant dung’ salesman package and sell to a gullible public all manner of solutions.   One of the architects of Obamacare made no bones about our collective stupidity.    We are vulnerable to official corruption and if we want health care we have to bite the bullet and stand up and counted.     This is the new civil rights struggle.
 
The most vulnerable members of American society are the elderly and the disabled.      The elderly with a few dollars in their jeans are attractive victims for the most venal members of our society, to wit: the corrupt lawyers, corrupt judges, and corrupt public and judicial officials.      The aforesaid corrupt lawyers, judges, public and judicial officials have at their disposal the arsenal of government to aid and abet their criminal activities.     Here in Illinois a cadre of disreputable and venal lawyers and judges have turned the Probate Division of the Circuit Court into a cesspool of exploitation and abuse of the elderly.    The elder cleansing is so imbedded that the Lawyer Disciplinary Commission (IARDC) actively, openly and notoriously engaged in 18 USCA 4, 18 USCA 371, and 18 USCA 242 conspiracies to obstruct justice and protect the miscreant legal and public officials from the Rule of Law and the Bar of Justice.
 
Calling for an HONEST investigation or exposing one or more of the corrupt judges or lawyers engaging in criminal activity is so frowned upon by the establishment (and in particular the IARDC and its administrator Jerome Larkin) that an attorney who exposed the criminal activity was summarily given an interim suspension and then a three year suspension upon the rationale of Larkin and the Illinois Supreme Court that such exposure was akin to yelling fire in a crowded theater.    
 
The net effect was that millions of dollars garnered from the estates of disabled or infirm “wealthy” elderly goes uninventoried and is stolen from the fiduciary estates.     However, the perfidy does not end there.    Social Security payments, Medicare payments, insurance payments, trusts, pensions, other government benefits all disappear into the cesspool of guardianships.    Fixed assets soon follow and the other assets of the victim soon follow until millions of dollars of the victim’s savings and lifetime of toil find themselves in the elder cleansers pockets.     This organized and judicially approved criminal activity takes advance of not only the ward, but, government largesse making certain that limited health care funds are squandered to the greatest extent possible.
 
The nefariousness does not end at the water.     An elder cleansing victim is fleeced with perfection along with the public.    The corrupt judge recognizing the difficulty of further fiduciary theft and addressing the more vocal complaints of the hysterical family makes a pious judicial determination that the senior should be placed in a sheltered care facility for his/her own safety.    This facility, of course, has a reward program.   The jurist is assured that every resident of the facility will vote for his retention (or future election) and he will share in a lucrative referral commission.   (Ms. Denison’s blog reported on an open advertisement that promised such a remuneration).    An investigative reporter reported that an industrious Court appointed guardian (or guardian ad litem) could obtain as much as several thousand dollars a month for a single referral.
 
Once the victim is placed in the nursing home the ability to garner health care payments accelerates.  
1.   Nursing home patients are provided a full complement of pharmaceuticals (whether they need them of not).    Until recently, the operator of the nursing home just happened to have a substantial equity interest in the pharmacy.      After Omnicare was fine about $150 million dollars, it was sold to CVS pharmacy for 12.4 million dollars.  
 
2.    Linen Supply, nursing services, etc. are all provided by corporations that just so happen to be owned in whole or part by nursing home operator and these companies just happen to have convenient billing processes.
 
3.   Physician care, transportation etc. all are provided by related entities.    It has been averred that in many instances the medical supervision consists of the designated physician slowing his vehicle down to 30 MPH as he drives by the nursing home.
 
The foregoing is the tip of the iceberg, but it opens a window into the massive health care scandals that plague the economy and the persistent struggle of good hearted Americans to garner affordable health care.     It is suggested that many of the very political elite who scream the loudest about the lack of affordable health care are engaging in or fostering the corruption that prevents affordable health care from being a reality.  
 
No business can live with the reputed government contract 25% fraud surcharge, and indeed no government can live with a 700% fraud surcharge.
 
NB.    As to most problems involving government fraud there is no quick fix and it is very common for the problem to be swept down the road and then dealt with when is acute.     The guardianship fraud (elder cleansing) does have a quick fix.      Fortuitously, the breach of a fiduciary relationship is a taxable event.   The guardian is a fiduciary and therefore held to the highest standard of conduct and fidelity.    A fiduciary who steals a penny is in big trouble.
As the theft of penny from the ward is a serious matter, the doctrine of constructive receipt of operative and the fiduciary who steals the penny owes taxes on the entire fund that he controls the moment that he exercises control over that penny.    The benefit has to be reported on the Fiduciary’s 1040 tax return.    To not report it is tax fraud!
Pursuant to 18 USCA 371 and 18 USCA 242 the people who act in concert with the fiduciary are co-conspirators.  Co =conspirators enjoy joint and several liability – including the tax liability.    18 USCA 371 is broad in its reach and thus, the judge, the co-counsel, the nursing home operator, the doctor, pharmacist, and the lawyer disciplinary counsel who acts to ‘cover up’ the criminal activity and intimidate whistleblower lawyers all enjoy joint and several liability and have to report on their personal 1040 tax returns the total benefit – or be liable for the taxes, interest, and penalties.
 
A criminal indictment takes time, but, civil Federal (and in most cases State) enforcement of tax liability is rapid and decisive.    The burden of proof is on the taxpayer.   Ergo, over three million dollars was stolen from the Sykes case and a million and one half in the Gore Estate.    In the Tyler estate the booty was eight million dollars.   *****.     Making Jerome Larkin and several of his cronies at the IARDC the focus of a civil tax collection effort would effectively end the Illinois cover-up of the parochial elder cleansing emanating from the Probate Division of the Circuit Court.    To make certain that the message is received the civil enforcement should be extended to the two guardian ad litem and the co-operating judges who aided in the ‘making disappear’ sans inventory of Mary Sykes assets and the gold obtained from Alice Gore’s mouth.
 
The message of civil tax enforcement will provide judges with an incentive to follow the law as set forth in the Illinois Constitution, the Bill of Rights, the Americans with Disabilities Act, and 755 ILCS 5/11a – 1 et seq and in particular 755 ILCs 5/11a – 3 b.     Criminal and ultra vires actions by Judges are not protected by ANY immunity statute. 
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