Sunita Advaney article on Linked In supports the First Amendment and Lawyers’ right to blog

First Amendment vs. Attorney Conduct Regulation

A hurricane of recent events that has proven to be a mixed bag of blessings and challenges has prompted me to write this article.

JoAnne Denison, JD, a stellar legal professional whom I have known for decades, has signed up as an independent sub-contractor paralegal with my company, Paralegal Support Services Inc., a Delaware corporation.  Ms. Denison is operating as a sub-contractor paralegal because her attorney license has a three-year suspension for what appears to be enforcement of an ambiguous ARDC Rule in violation of Ms. Denison’s First Amendment Rights to Free Speech.

Ms. Denison is an amazing woman who received her Juris Doctorate from Indiana University in 1985.  She practiced law as a licensed attorney in Chicago for over 25 years.  She was my mentor and I learned many great things from her that I attribute to my success to this day.

Of course, it looks rather ironic and almost strange that an attorney I once worked for as her assistant/paralegal, who mentored me, is now without her license and working for my company as a sub-contractor paralegal.  Her addition to my team is a mixed feeling of exhilaration and melancholy.  On the one hand, having someone with her level of education, experience and talent is an incredible gift to my company, to put it mildly.  On the other hand, the circumstances surrounding the suspension of her license and pushing her into a sub-contractor paralegal status brought a cloud to the situation that was troubling to me, so I decided to investigate the circumstances surrounding her license suspension.

The ARDC licensing and regulation of an attorney’s conduct in any given state was put in place to protect consumers.  The entire premise of a law degree, a bar exam, and a license registration is to ensure that consumers are protected and receive adequate legal representation.

The ARDC hearing transcripts for Ms. Denison’s license suspension clearly illustrate that Ms. Denison was a vociferous advocate for her clients.  Moreover, there is not one single negative mark against Ms. Denison from any of her clients in the 25+ years that she was licensed to practice law.  Thus, it begs the question:  if Ms. Denison was NOT suspended for attorney conduct with respect to her advocacy representation for her clients, then what was the basis for her license suspension?

According to the transcripts, Ms. Denison had her license suspended for “reckless disregard for the truth” with her assertions in her online blog that certain judges and other attorneys were corrupt.  Ms. Denison made these assertions of corruption on her blog and to authorities to prompt investigations into those matters.  Despite the fact that Ms. Denison’s license was suspended, she has continued with the corruption allegations and attributes her license suspension to a retaliation against her for being a whistle-blower.

Moreover, Ms. Denison’s efforts to shine a light on the alleged corruption she has asserted has had some favorable results.  The corrupt actions of certain judges and attorneys have been uncovered from investigations Ms. Denison catalyzed, all of which seems to suggest that the “reckless disregard for the truth” may not have been so recklessly disregarded after all.

There are many things about Ms. Denison’s license suspension that bother me, and they have nothing to do with the obvious bias I have for her because she was my mentor when I first started working as a paralegal 20 years ago.

What bothers me the most about Ms. Denison’s license suspension is the dangerous precedent it sets for the ARDC in any given state to over-reach its authority and put a muzzle on attorneys in violation of their First Amendment right to free speech against any one of the three branches of government: namely, in this case, the judicial branch.

We have First Amendment rights for free speech to protect every possible type of offensive speech imaginable.  Pornography, hate lyrics in music, violent images in movies, misogynistic music videos, presidential candidates stereotyping Hispanics and Muslims, flag burning, and the list goes on.  We have yet to restrict speech because somebody was offended.

If the ARDC in any given state increases the reach of its authority beyond that of protecting clients to that of putting a muzzle on attorneys for political reasons, it flies in the face of why the First Amendment of the United States Constitution exists in the first place.  The First Amendment protection of free speech exists to ensure that a democratic society with its citizens can speak out against the officials in any branch of government to hold them accountable and to shine a light on corruption.  It was designed to make public officials uncomfortable.  The First Amendment right to free speech is a vital component fail-safe to the checks and balances we have in our government system.  When all else fails, the citizens can speak up and shine a light anywhere in any branch of government that may be doing wrong, prompt investigations, and hold them accountable.

There is nobody who is closer to the judicial system on a daily basis than attorneys.  Attorneys are the ones that are in the courtrooms in front of the judges and dealing with the intricacies and daily activities therein.  If a precedent is set that the ARDC in any given state can put a muzzle on an attorney for being politically incorrect by making the judicial officials or officers of the court uncomfortable from shaking up the status quo and demanding investigations, then what we are left with is an entire branch of government that can run rampant with corruption without a citizen watchdog:  a dangerous path in the wrong direction.

Upon further research on this matter, I discovered that the United States Supreme Court has reviewed and ruled on the issue of ARDC rules against the First Amendment, confirming that an ARDC enforcement of a Rule can be a violation of an attorney’s First Amendment rights to free speech.  For example, inBates v. State Bar of AZ, 433 U.S. 350 (1977), the U.S. Supreme Court weighed the First Amendment rights of certain Arizona attorneys who had their license suspended for advertising their services against the weight of the attorneys’ violations of a certain Arizona Bar Rule for doing so, and in that situation, determined “the present application of the disciplinary rule against appellants to be violative of the First Amendment.” (Id. at 384.)  Thus, it appears that Ms. Denison may have a case for violation of her First Amendment rights for speaking out against judicial corruption and demanding investigations despite what may be a violation of a State Bar Rule for doing so.

It is my sincere hope that Ms. Denison’s license will be reinstated sooner rather than later.  However, until that happens, I have no intention of infringing on Ms. Denison’s First Amendment Right to Free Speech, no matter how uncomfortable it is to anyone, while she is a sub-contractor paralegal with Paralegal Support Services Inc.  I consider it an honor and a privilege to have her here.  She brings so much added value to the level of services we can provide with her presence.  I am confident that Ms. Denison will continue to provide excellent work product for supervising attorneys and their clients, and she will maintain the highest level of integrity, protect attorney-client privileges, follow all the state and federal Bar Association Rules for paralegal conduct, and provide incredible work product with great value for the licensed attorney-clients that are fortunate enough to get her for completion of their projects when they sign up with us.

Please like, comment, and share this post.  Let me know your thoughts.

ABOUT THE AUTHOR: Sunita Advaney is the Chief Executive Officer of Paralegal Support Services, Inc., a 21st century freelance virtual paralegal company providing cost-effective solutions for attorneys to use experienced paralegals that preserve attorney-client privilege through a HIPAA-Compliant secure cloud-computing platform on an as-needed basis.  Sunita has over 20 years of experience providing support services for attorneys in large firms, medium firms, small firms, and solo practice firms primarily in the areas of Litigation, Contracts, Bankruptcy, and Intellectual Property. Please visit http://www.eparalegals.net.

Press Release–AARPG demands federal investigation of US probate courts

http://www.free-press-release.com/news-aaapg-call-for-federal-intervention-in-florida-courts-1460131303.html

AAAPG CALL FOR FEDERAL INTERVENTION IN FLORIDA COURTS

April 09,2016 | United States | News & Society

Warning the Public about Rampant Probate Court Abuses Call to Presidential Candidates to Address Probate Racket Call to Loretta Lynch, US AG to appoint monitors

Palm Beach, United States, April 09,2016/Free-Press-Release.com/ — Contact Dr. Sam Sugar

Telephone 855 913 5337 x101

Cell 855 913 5337 x101

Email drsam@aaapg.net

Website http://www.aaapg.net

FOR IMMEDIATE RELEASE

April 4, 2016

AAAPG CALLS FOR FEDERAL INTERVENTION IN PROBATE COURTS

Warning the Public about Rampant Probate Court Abuses

Call to Presidential Candidates to Address Probate Racket

Americans Against Abusive Probate Guardianship’s members across the country call for the intervention of the Federal Department of Justice to monitor and bring to justice Judges, Lawyers and Guardians who have exploited laws designed to protect vulnerable elderly citizens and used them instead to exploit and plunder families and estates for their own personal profit. This pattern of Court abuse can be seen not only in Probate but in family, divorce and bankruptcy courts all over America.

Palm Beach, Florida, April 4, 2016–

This announcement is a dire warning to an unsuspecting public about the danger they face from an out of control confiscatory, predatory court process that enriches itself at the expense of its innocent victims. Anyone with any assets is a potential target.

AAAPG members and their families have endured the horrors of this rapidly growing “industry” for decades. Complaints to every level of State Government have been ignored. We now demand Federal Intervention to stem the tide of exploitation that has exploded across the country and particularly in the retirement states.

Florida is home to over 4.5 million retirees and baby boomers who seek a sunny place to spend their golden years. But, even as the flow of seniors in the “Silver Tsunami” increases, retiring to Florida as well

as other retirement States has become a nightmare as the wealth accumulated by honest, law abiding, hard working Americans is being systematically extorted in thousands of fraudulent guardian and probate proceedings every year.

This devious scheme mercilessly deprives retirees of their assets inheritances and constitutional rights with racketeering lawyers, judges, guardians and complicit state agencies.

Family, Divorce and Probate/Guardianship Courts are used to financially exploit, isolate and often physically abuse innocent Americans with assets while family members who object and expose these

crimes publicly are viciously retaliated against and isolated from their loved ones. And there is no reason to expect that anything will change without Federal intervention.

Billions of dollars have been extorted from our loved ones in this inconceivable crime that is hidden in secrecy in the Courts using

sequestered files, “Inside Clubhouse” Lawyers, massive billing fraud, persons taken into Guardianship with no due process and blatant unchecked conflicts of interest and unfit, complicit Judges.

Before another victim falls into the abyss of these court based predators, we urge you to learn more at

http://aaapg.net/the-guardianship-racket-in-florida/

American Against Abusive Probate Guardianship

Educate

Advocate

Legislate

# # #

If you would like more information about this topic, please contact AAAPG at 855 913 5337 x101 or email at drsam@aaapg.net.

Press inquiries welcomed

Great Article on Requests for admission

Objections to Requests for Admission

As many of you more experienced pro se litigants know, Requests to Admit (state) or Requests for Admission (Federal) can be a great tool for ferreting out issues and positions of you opponent.

And if these are not answered in the time period permitted, generally 30 days, they are automatically deemed admitted by operation of law.  Meaning, all you have to do is file a Summary Judgment Motion and you win.

If you have not prepared these, take a second look at what a great tool they are.  Illinois now requires you to warn your opponent in large bold type that they must be answered or deemed admitted, (check out the rule), but in many other jurisdictions you do not have to do this.

Illinois is also more generous with what you can ask in RFA’s and you can get your defendant to admit to liability, to admit X amount is owed, etc.  You won’t get attorneys fees unless there is a contract or statute, but you can do a whole lot with Requests for Admission.

This article was submitted by Sunita Advaney who owns and operates a paralegal firm for drafting documents and other paralegal activities under your supervising attorney at http://www.eparalegals.net

From Ken Ditkowsky–The harrowing case of Mr & Mrs. Martinez-Smith

From: kenneth ditkowsky <kenditkowsky@yahoo.com>
Sent: Apr 7, 2016 10:17 PM
To: Eric Holder <askdoj@usdoj.gov>, “FBI- ………………………….
Subject: From the NASGA blog – Another example of why we need HONEST INVESTIGATIONS & Why we need to defend our core values

The Sykes, Gore, Wyman, Smith, **** cases are horrific and terrorist assaults on America’s core values.  Like the Lahrman case in Indiana the assault if successful puts a stake into America’s basic Civil and Human liberties that is irrevocable.
 
The MaryGSykes, Probate Sykes, NASGA blogs (protected by 47 USCA 230) reference literally hundreds of cases of criminal guardianship abuse that cannot be tolerated in a free society.   The blogs point out not only judicial corruption but a well organized cover-up 18 USCA 371 and a fraud the jeopardizes the future of every single American.   
 
The Tim Lahrman affair is a direct attack on Equal Protection of the Law and if not re-mediated by the United States of America renders the legacy of the last three National administrations naked words – coupled by the deed of burning our Constitution by tolerating systemic corruption reasonably designed to foster profiteering and exploitation of our elderly and disabled.
 
In Florida the Col Smith case stands out as a murder of due process by corrupt judges and judicial authorities.   The NASGA blog points out:
 
by John Pacenti
Glenda Martinez-Smith found the love of her life as a senior citizen.
Martinez-Smith, 68, said she felt like she hit the lottery when she met retired Army Col. J. Alan Smith of Boynton Beach through a senior dating website. “It was like a fairy tale,” she recalls.
But the retired school teacher said their bliss was destroyed when a judge found her husband incapacitated after a car crash and appointed a professional guardian.
With the blessing of two Palm Beach County circuit court judges, the guardian put Smith, who had suffered a traumatic brain injury, in a nursing home, got Martinez-Smith banned from ever seeing him again and annulled the couple’s marriage.
“That was the most horrible day of my life, the day my marriage was annulled,” she said.
Besides annulling her marriage, one judge kicked her out of court and another threatened her with arrest. Still, Martinez-Smith persevered, winning appeal after appeal and wresting control back from the professional guardian.
Professional guardians are the subject of several bills moving rapidly through the Florida Legislature. Critics and lawmakers themselves say many guardians are siphoning the assets of wards to pay for their exorbitant fees.
$200,000 in legal fees
Business is also very good for the attorneys who flock around these guardians.
Every professional guardian employs at least one attorney to traverse the landscape of social services, nursing homes and liquidating assets. These lawyers come at a steep price, charging hundreds of dollars an hour in addition to the guardians’ fees.
Martinez-Smith has spent a good part of her life savings — $200,000 and counting — in legal fees fighting guardian John Cramer and orders by judges on his behalf. She got three rulings reversed on appeal and the annulment to her marriage is pending.
Smith’s assets paid Cramer $16,500 a month, said Martinez-Smith, who has not seen an accounting of how the money is spent. Cramer liquidated two of Smith’s life insurance policies for $145,000 recently, she said.
“According to anyone’s observation, this is a legal form of grand theft and robbery. It’s exploitation of the elderly,” Martinez said. “These guardians have to be stopped.”
The Florida Bar president, West Palm Beach attorney Greg Coleman, supports the legislation, saying there is a need to address the “bad actors,” whether they be guardians or their attorneys.
“The population is aging and this is something that is going to be more and more of an issue. The more protection the better,” he said.
In the meantime, the retired Army colonel’s health deteriorated without the necessary physical therapy at the nursing home. Today, the 83-year-old is nearly completely paralyzed and cannot speak.
Before the guardian put him in the nursing home, he was walking and talking, Martinez-Smith said. “How could they do this to him?”
Cramer, the guardian, did not return a calls for comment and his attorney Ellen Morris of Boca Raton declined to comment.
Jack Halpern, CEO of Elder Care in New York City, runs a company that offers an alternative to professional guardians by helping seniors navigate health care and the legal system. He says the problems are larger than just reining in the professional guardians, calling the proposed Florida legislation “a Band-Aid on an elephant.”
“The problem involves judges, guardianship attorneys, adult protective services employees, and not-for-profit religious and secular agencies, who are profiting from these guardianship cases,” he said.
Martinez-Smith doesn’t want to talk about the judges in her case. But the appellate court has supported her three times so far by reversing Palm Beach County Circuit Judges Martin Colin and David French, who sit in the Delray Beach courthouse.
Smith had ended up in the clutches of a guardianship when the couple were still engaged. After the car accident in 2010, one of Smith’s children petitioned a judge to find him incapacitated. Colin appointed Cramer as a temporary guardian and Martinez-Smith initially retained control of her husband’s medical care.
But Cramer asked Colin to cut out Martinez-Smith altogether. At a hearing on the matter, Colin kicked Martinez-Smith out of the courtroom “on the basis of a perceived insult to him,” according to a 4th District Court of Appeal opinion.
Colin told Martinez-Smith that her entire demeanor, including “her face, her voice, her sound, may be unpleasant to everyone else” but her husband. The appellate court told Colin to recuse himself, saying “that would lead any reasonably prudent person to fear that she would not receive a fair hearing before the judge.”
But Martinez-Smith found little solace when the case was transferred to French.
Judge threatens arrest
Cramer had complained that Martinez-Smith was abusive to the staff over the lack of her husband’s care at the nursing home. French removed her as a health-surrogate and banned her from seeing her husband. In the courtroom, French pointed his finger at Martinez-Smith and said he would have her arrested if she even went near her husband at the nursing home.
At a subsequent hearing, French also granted the guardian’s request to annul the marriage. “I was crying in his courtroom,” Martinez-Smith said.
Again, the appellate court reversed, ousting Cramer as guardian on March 18. It said French abused his discretion in not following Smith’s wishes that his wife be in control of his medical care and assets.
“It’s not surprising that someone strongly advocating for excellent care for their loved one would be at odds with staff which may be less than diligent in delivering such care,” the opinion written by appellate court Judge Martha Warner stated.
Martinez-Smith’s attorney, Jennifer Carroll of Palm Beach Gardens, said the recent opinion is precedent-setting because the court said the wishes of the ward are paramount.
“The most important thing about this is that each individual has a fundamental right to choose their guardian or medical caregiver,” Carroll said.
Now that Cramer is out, Martinez-Smith is again her husband’s health-care surrogate. On Wednesday, she had him transported to Holy Cross Hospital in Fort Lauderdale to be examined. He arrived in a wheelchair, alert but also unresponsive, dehydrated and with sores all over his body.
She comforted him, rubbing his chest in the wheelchair. “We are going to do everything we can to make you better,” she told him.  
I understand that the criminals did not stop their assaults !    Florida’s law enforcement people are still doing nothing.   The Helen Stone case ***** all start as tributes to the fact that it is UNSAFE to get old in Florida!
 
Ken Ditkowsky

From Ken Ditkowsky–the arrest and incarceration of Mr. Lahrman is despicable

To: Cynthia Stephens <cynthiastphns@gmail.com>, “fox28news@fox28.com” <fox28news@fox28.com>, “rachel@msnbc.com” <rachel@msnbc.com>, “jawad@registerpublications.com” <jawad@registerpublications.com>, “newsroom@registerpublications.com” <newsroom@registerpublications.com>
Cc: Rosanna Miller <prov2828@hotmail.com>, Andy Ostrowski <ajo@bsolaw.com>, Candice <candiceschwager@icloud.com>
Subject: Re: Indiana – I think you will want to know and hopefully report on this injustice! Please see Re:Tim Lahrman’s arrest on fictitious illegal summons and warrants, Elkhart, Indiana [1 Attachment]
Date: Apr 7, 2016 12:50 PM
how do such illegal and unconscionable arrests and harassments such as occurred to Tim Lahrman occur in the Americana!    How are fundamentally decent people lead into such horrible and wrong activities?    
Apathy!!!!!!!!!!!!!
Any one of us can find ourselves n the very same position as Tim Lahrman.    Herein in Illinois more than one Mary Sykes was literally kidnapped off the street for elder cleansing. In Florida Helen Stone was a victim *****.    It has been reported that homeless people were herded into nursing homes so that the government could be defrauded of their social security, medicare/medicaid etc.    
late in the day we are waking!   Lahrman is the straw that breaks the camel’s back!   These e-mails serve several purposes, to wit:  1) they alert the authorities to a miscarriage of justice and given them the opportunity to DO THE RIGHT THING and join in the struggle for remediation of America’s core principles; 2) they alert the authorities to the fact of a miscarriage of justice and to the fact that serious laws are being violated and their will be consequences.  See 42 USCA 1983, Americans for Disabilities Act, the 13th and 14th Amendments, the IRS code *****; and 3) give us (the great unwashed) a rallying point and a point of legal reference.
I copy the Justice Department on each of my missiles not out of desire to demonstrate my adoration of Attorney General Lynch, but, to provide her with evidence that each of the miscreants has scienter  and that Tim Lahrman’s incarceration is not just a horrible misunderstanding but conscious action by judicial officials and police officials.
NB.   A question was asked of me as to whether or not there is any tax liability associated with this arrest.    18 USCA 371 and 18 USCA 241/242 both deal with conspiracies.   The original prosecutions of Tim Lahrman appear to be related to the theft of his life by the illegal guardianship.   This illegal guardianship while occurring almost two decades ago resulted in breaches of fiduciary relationships (and taxable events).    From my interview with Tim, it was very clear that the taxable event was not reported on the 1040 and 1041 tax returns that the guardian was required to file.
Ergo – a specie of tax fraud has occurred and since it was not reported on the tax forms the statute of limitations never started to run.  (However)  There appears to be a relationship between the 1999 Marijuana fiasco and the tax fraud.   It is my memory that this event might have had something to do with the IRS investigation in which Tim offered full co-operation.   apparently the IRS addressed the problem and received a substantial settlement.
The issue in my mind is resolved.   HOWEVER, as the guardianship was never terminated.   Does the lack of termination create a revival of the taxable event?    Does retaliatory arrests 17 years later revive the taxable event?
I do not know the answer, but, with government needing money I am delighted not to be professionally involved in the wrongful proceedings on the prosecution side.    By the clear light of hindsight I expect that we will get some answers!

How to contact Tim Lahrman

Apparently, he is still in jail at Elkhardt Indiana county jail and if anyone has his name and phone of the Public Defender, the States Attorney or the Commander of Police to send out emails and faxes, please send it along.

Here’s what I did:

I am on the phone now setting up an account. $9.95 fee! you have to call 574 891 2100 and then get transferred a couple of times to the jail, then you have to set up an account. you can’t just go there.

they will give him a message that I can call him. I’m going to try to figure out the email next.

procedure: dial 574-891-2100.they answer, there’s along message, jail press 1, then it goes to the jail, inmate information, press 1, call transferred to inmate info system, message–you can do video visitation on anderoid, vistfromhome.net, then leave jail voice mail, then there’s a message, you can leave a credit card, $1.99 for voice mail, you don’t have to open an account. press 3 when your message is acceptable. It’s a real pain.

But if you have $1.99 the good news is you can leave a message for him.

I asked him to get the jailer info to fax and email him to release Tim. We need to keep up with the faxes, emails and phone calls.  Even if you can just pick up the phone and leave a message with the police, the jailer/warden, the public defender, the states attorney, that is wonderful.

plus a fee of $1.99 per month. what a bunch of jerks.

From Ken Ditkowksy–the corruption in Cook (crook) county

To: kenneth ditkowsky <kenditkowsky@yahoo.com>
Cc: Jeffrey Norkin <jeff@norkinlaw.com>, Robert Grundstein <rgrunds@pshift.com>, Angela Woodhull <chachaangelina@yahoo.com>, Richard Fine <richardfinelaw@gmail.com>, Attorney Dr Richard Fine <richardfine@campaignforjudicialintegrity.org>, “Aging Contact (Aging)” <contact_aging@aging.senate.gov>, barbara stone <bstone575@gmail.com>, JoAnne Denison <joanne@denisonlaw.com>, cody coleman <gcoleman@bclclaw.com>, 200 <jdenison@surfree.com>, Garr Sanders <kickdragon7@yahoo.com>, Eliot Bernstein <iviewit@iviewit.tv>, “markadamsjdmba@hotmail.com” <markadamsjdmba@hotmail.com>, Lauren Paulson <laurenjpaulson@gmail.com>, legal abuse syndrome <legalabuse@gmail.com>, Angela <angela.drees@yahoo.com>, Doug Kinan <dougkinan@yahoo.com>, Zena Crenshaw Esq <zcrenshaw@comcast.net>, “Diane@Gochin.com” <Diane@gochin.com>, Rosanna Miller <prov2828@hotmail.com>, Andy Ostrowski <ajo@bsolaw.com>, “bkeisling@newslanc.com” <bkeisling@newslanc.com>, Candice Schwager <schwagerlawfirm@live.com>, Katherine Hine <katherinehine@wljaradio.net>, Janet Phelan <janet_c_phelan@yahoo.com>, HAR Justice <harjustice007@gmail.com>, Paul Simmerly <psimmerly@outlook.com>, Leon Koziol <leonkoziol@gmail.com>, KRISTI HOOD <khood490@aol.com>, “Dr. Sam Sugar” <ssugarmd@msn.com>, Gary Solomon <drgarysolomon@gmail.com>, Ward Lucas <wardlucas@msn.com>, “editor@wilkesbarrescrantonig.com” <editor@wilkesbarrescrantonig.com>, ProSe America <proseamerica@gmail.com>, Mike Ference <mikeferencere@yahoo.com>, Gene <eawrona@ptd.net>, don bailey <attorneydonbailey@gmail.com>, Arlene Dabrow <adabrow2001@yahoo.com>
Subject: Re: 04.07.16 – From Facebook Re: Probate abuse, courts attys and all. Please see this “share” and the comments when I posted Eliot Bernstein (FL) news ad on guardianship and probate, etc…
Date: Apr 6, 2016 10:15 AM
Thank you, Ken.  I am going to pass this along to hopefully someone who will care and will “do something” constructive and not destructive to the innocent!
On Wed, Apr 6, 2016 at 10:56 AM, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:

here in Cook County there are certain judges who will sign just about any order handed to them by a favored attorney.
 
In the Mary Sykes case, Judge Connors knew or should have known that Mary was never served with summons as required by 755 ILCS 5/11a – 10.   In fact a summons complying with the statute was not even printed by the Clerk of the Court, and certainly the attorney representing the petitioner (who wanted to be guardian) did not draft or print one in according with the statute.    Indeed, the 14 days prior notice of hearing to close (near) relatives was ignored  – it was un=necessary as no hearing was held.   However, when attorney AS and CF presented the order appointing a guardian for Mary Judge Connors just signed it.
 
This was the death knoll for Mary!
 
Jerome Larkin of the IARDC and his 18 USCA 371 co-conspirators moved heaven and earth to protect this theft.   In fact they are still act it.   The net is 3 million dollars was uninventoried and not accounted for.   
 
What is the result?   The miscreants are three million dollars richer.   As the Illinois Department of Revenue and the IRS have not sought to collect the taxes – owed jointly and severally by all the miscreants this botty is essentially tax free!   Even though Judge Connors admitted starting at page 90 of her deposition that she was wired – her penalty was that she was elevated to the Appellate Court.
 
Indeed, both JoAnne Denison and I have raised this issue.   Our reward is long suspensions of our law licenses.   Gloria Sykes raised the issue – her estate was ravaged!   Her security threatened and – *****.
 
What do we do?    We keep up writing these e-mails and protesting the corruption until someone listens to us and actually does something to collect the taxes that Mr. Larkin and his 18 USCA 371 associates owe to the Federal and State governments.   With interest, penalties and unpaid taxes it is clear to me that Larkin and his miscreant associates personally must owe enough to make Illinois not need a budget — 

Justice 4 Every1, NFP — Rent Money Needed!

Justice 4 Every1 is desperately in need of rent money and is in imminent danger of eviction.  One tenant I am sharing space with is 85 and could not pay rent.  Another client that was to pay me $25,000 from the $287,000 that I got for him in probate refuses to pay because he wants to save the money to buy his own home back from the probate court so he and his mother are safe to live there.  Whether or not people pay me, I do not sue them.
Justice 4 Every1  has done great work in the past few years.  We have worked to remove Judge Stuart who lied at my trial and was part of fleecing the Mary Sykes estate of all it’s assets.  There was no jurisdiction in that case and Mary was never service with a Petition or Notice of Hearing.  Her elderly sisters were never served with the time, date and place of hearing.  Judge Stuart is gone.
Judge Kowamoto was the sitting judge when 99 year old Alice Gore was isolated from her family for 10 months, and then when 20+ friends and family came to see her, 29 gold teeth were pulled, and she had a feeding tube inserted at one end and a diaper at the other and she was being drugged heavily.  After publication of those facts, Judge Kowamoto would be gone in about 6 weeks for the terror she visited upon poor Alice Gore and Bev and Ken Cooper.
Currently, we are protecting activist Tim Lahrman with a barage of emails and phone calls (see our blog at www.MaryGSykes.com .  He has an important appellate brief up at the 7th circuit asking for help for disableds under the ADA (Americans with Disabilities Act) when they are in foreclouse.  As many are aware, the foreclosure courts are a hotbed of corruption for robo signing, foreclosure despite timely payments, forced expensive insurance and a litany of fraudulent acts.  Currently we are drafting complaints for people trying to do Loan Modifications when they run into financial trouble, but the banks make it difficult to impossible to finish this process by “carouselling” documents, or they ask for repeated applications, financial forms and data, tax return copies, proof of employment, etc.  One client in particular, was “carouselled” by Ocwen for 8 years and then received a Notice of Foreclosure even though they never made him either an offer or a denial.
Another client, received a payment demand notice after he was 2 months behind, complied by sending a series of $5,000 checks, which they refused, and they filed foreclosure against him regardless (this was much more than the monthly payment and would have accellerated the payoff).
So much injustice, so few resources.  But in Tim’s case, we have got him a public defender and an arraignment date on Monday,  April 4, 2016, the City of Goshen having admitting our phone calls, faxes and letters moved up the hearing date from 2 weeks to 4 daysfor a disabled person.  (Something’s very fishy, a new arrest warrant was suddenly issued on 17 year old criminal complaints:  one for a broken license plate bolt and another for possession of MJ–well outside the state of limitations).
We now have a  team of about 25 wrongfully disciplined lawyers who regularly write letters, emails and faxes to protect civil and human rights.  If you know of any cases, we would be glad to help out, for free.  No other charity does that.  We have supported and fought for prisoners wrongfully imprisoned for months, we have demanded adequate food for them (one inmate was receiving one 6″ pizza per day as total food, so we faxed, emailed and filed a motion to “audit meals for all the prisoners” and the very next day he started receiving 3 MRE’s or ready to eat soldier meals of 2200 calories per day.  With our charity, no one is forgotten in prison or jail.
The work we do is important, and unlike most “protect the elderly” charities, we can show actual results with removal of corrupt judges and a return to law and procedure in the court rooms.
Please save our charity and our office space.  I can’t work out of my home, because my clients demand a highest level of privacy and the work is dangerous.  My car has been damaged (boxed in and heavy object thrown at windshield, sugar in the gas, being tailed, etc.)  Other probate activists have had their homes fire bombed, etc.
Thank you for your consideration.  We have a list of 20+ clients I and the charity have helped which I will link to.  We have about 25 honest and ethical attorneys disciplined, suspended and disbarred for doing nothing but speaking out for the little guy.  They too, are victims of court corruption.
Won’t you please help us retain our office space and continue to have the ability to quickly prepare and send out emails, faxes and calls to the authorities to protect your human rights and civil rights  Note, if you contact the ACLU, you will get a response of “we have too many clients to serve already and no help for you.”
But if you contact Justice4Every1, you will receive prompt, helpful service of court watchers, emails and faxes and phone calls to protect your human and civil rights.

Please write to the City of Goshen and demand they release Tim Lahrman

To: shannonmarks@goshencity.com, ………………..
Subject: Re : Demand for Release of Mr. Tim Lahrman20H02 9904 CM 0460 Indiana v. Tim Lahrman
Date: Apr 6, 2016 2:36 AM

Dear Ms. Marks;

It is come to my attention that you are holding Mr. Lahrman in one of your adult detention centers.

This is to advise you that Mr. Lahrman is a ward of the State of Indiana and as such, he is not available for incarceration.  His guardian must be contacted and only the Guardian may legally speak for Mr. Lahrman.

I am now in receipt of a 92 page file that contains repeated statements from Mr. Lahrman that he is a disabled adult.  The case should have been referred over to Probate as soon as he was brought in.

Either the State of Indiana considers him a person for the purposes of incarceration, or it does not.  The Probate court has now declared him to be a non – entity, a non person and they have complete control over his body and person.  If the City is arresting a ward of the State, do you arrest and hold dead people?  They are on the same level of being non citizens.

I am herewith demanding immediate transfer of his criminal, misdemeanor case to Probate so that judge can decide the appropriate supervision and treatment for Mr. Lahrman.

I note that Mr. Lahrman did a better job than most attorneys in stating these facts to the Goshen City Police department and the handling of his case was a shameful and shocking tragedy and violation of his human and civil rights, a violation of 42 USC 1983 and 18 USC 241, 242, etc.  for denial of due process under color of authority.

I suggest you release him at once to the custody of his Guardian and the Probate Court.  If the Guardian fails to or refuses to comply, I suggest the appropriate court appoint a Guardian ad Litem for the purposes of litigation.

Mr. Lahrman is not a criminal; he is a disabled adult.

Sincerely,

JoAnne Denison, Executive Director Justice 4 Every1, NFP


PLEASE copy this email and send it as often as you can, once or twice per day 
and fax this lady at 574-537-3817.
Please try to get the emails and fax numbers for 
Tim's Public Defender, the prosecuting States Attorney, 
the jailer and the commander of the police.

Utterly deplorable–eviction of a 100 year old woman in California

http://www.desertsun.com/story/news/crime_courts/2016/04/01/elderly-woman-evicted-trial/82527874/

can someone out there go an dhelp this old lady keep her home?  I bet California has a law just like Illinois the authorities can come and clean her apartment for her and put her back there to live.  This landlord is the worst piece of trash alive–with the court and attorneys not far behind in falling into human trash recepticles.

Evelyn Heller, who was born in 1915, has been booted out of her Palm Desert apartment. (April 1, 2016)

Evelyn Heller, a frail-but-feisty great-grandmother with a long white ponytail, shuffled across a Palm Springs courtroom, barely lifting her feet taking tiny steps. When she reached the judge’s bench, she eased forward on to her toes, then leaned in close, as if unable to see the man in front of her.

“I’m 100 years old!” Heller shouted, before turning her attention to an attorney on the other side of the courtroom. “And I don’t understand what they are talking about.”

Heller, a Coachella Valley resident who was born in 1915, was evicted from her Palm Desert apartment during a brief trial at the Palm Springs courthouse on Friday morning. Despite reluctance voiced by both the judge and the plaintiff’s attorney, Heller was ordered out of her home, and told to pay $616 in prorated rent and more than $800 in court and attorney’s fees.

She now has about two weeks to leave her apartment. Heller said she does not know where she will go.

“I have four grandsons, but I don’t want to be dependent on them,” Heller told the judge, pleading. “I can’t be a burden to my family. They don’t have room for me. That happens in life.”

Heller’s landlord, Deep Canyon Desert LLC, which owns and manages a small cluster of beige apartments at 45200 Deep Canyon Road, said it wanted Heller evicted because she often had loud, disruptive arguments with one of her daughters. The company threatened to evict her twice before, but nothing improved, so it followed through this time.

The apartment complex manager, Melody Morrison, also told a judge said Heller kept the apartment in “deplorable conditions.” A Desert Sun reporter who visited the apartment on Friday afternoon found the carpet dirty and the living room cluttered with boxes and stacks of magazines, but far from the point of hoarding.

After court, Morrison declined to comment, then walked briskly away from a reporter to avoid questions. The company’s attorney, William Windham, an eviction specialist, said his client did not want to evict Heller, but felt it was a reality of their business.

Windham said he felt conflicted too.

“I’ve evicted people off of their death beds and regretted every second of the trial,” Windham said. “But my job is unfortunately to set my feeling aside and do what my clients ask me to do.”

“It would be same if this was a lady who was 30 years old and had five children, or a little old man with cancer,” he added. “If you have a commotion being caused on the property, and the people won’t stop, you have no choice but to take action.”

In this case, that action came in the form of an “unlawful detainer,” which is a mundane court filing in which a landlord asks a judge to force a tenant from a property. Cases like these are rarely worthy of media attention, but the trial held on Friday morning was a strange one.

Heller defended herself, despite the fact that she could barely see or hear. After she took an oath to tell the truth, she kept her hand raised and did a brief hula dance, then laughed under her breath. Her eyesight was too poor to read court documents until someone volunteered a pair of eye glasses from the courtroom audience.

And finally, when it came time for arguments, Heller refused to stay at the defendant’s table, and instead hovered on the edge of the judge’s bench, unwilling to sit. For most defendants, this would result in a firm response from the bailiffs – including possible arrest – but as Heller pleaded with the judge, barely out of arm’s reach, deputies stood back and watched, uncertain how to react.

This leniency appeared to be a sign of sympathy, but in the end it didn’t matter. Riverside County Judge Charles Haines ruled against Heller without any deliberation. He issued his judgment in a low, hushed tone that she couldn’t hear.

Outside the courtroom, a deputy had to explain to her that she had lost.

“What? What kind of ridiculous thing is that?” she snapped, as the reality of the ruling set in. “But I don’t have any money.”

Reporter Brett Kelman can be reached at (760) 778 4642, brett.kelman@desertsun.com or @TDSbrettkelman on Twitter.

308 N. Riverside Ave
Suite 2E
Rialto, CA 92376
Phone: (951) 784-5133
Fax:      (951) 927-8894

I did call to confirm and the man that answered the phone said that this creep probably did evict a 100 year old woman from her home.  Disgusting.

I’ll email him this blog and demand he take care of this woman for the rest of her life.

email:  bkattorney@linkline.com

and:   bkattorney@hotmail.com

 

please call attorney William Windham and tell him what you think about this eviction.

Think he shoud give the client the money back, vacate the order pay this nice lady’s rent for the rest of the year.

What do you call 100 attorneys buried in concrete up to their necks?

 

Not enough concrete.

 

The Fraud Business as usual–Billing Medicare multiple times for many drugs

To: Eric Holder <askdoj@usdoj.gov>, “FBI- ( (” <civilrights.cv@ic.fbi.gov>,……
Subject: The HHS Inspector General report on hospice billing, released today, found Medicare was billed inappropriately for $268 million in 2012 for hospice general inpatient care.
Date: Apr 5, 2016 4:34 PM
The link that I underlined in yellow is another indication of the massive health care fraud that the Illinois Attorney Registration and Disciplinary Commission administered by Jerome Larkin is attempting keep lawyers from making public.   The exposure of this fraud in the MaryGSykes blog warranted – according to the Illinois Supreme Court and Mr. Larkin — an interim suspension of one attorney followed by a three year suspension.   Just calling for an Honest Investigation of the Mary Sykes case was worth a four year law license suspension.    Of course, Seth Gillman’s participation in the Hospice fraud and admitted theft of medicare/medicaid funds does, not according to the IARDC warrant even disciplinary proceedings.   (He was indicted in Jan 2014 of $100 million in Medicare, Medicaid and Illinois Health Care Fund fraud, pled guilty to 3 counts last month, agreed to make restitution of the $100 million, and the IARDC has yet to discipline him.)
To the general public the question must have arisen as to why would the Illinois Supreme Court, Judges in secure positions, and lawyers who have clout would jeprodize their careers to steal a few dollars from the Medicare/Medicaid program on the backs of sick old people?    The answer is money.    In 2012 $268 million was billed inappropriately for hospice care.   It was estimated that the enterprises of Attorney Seth Gillman bilked the government out of a billion dollars.
Unfortunately this almost $300 million in theft from the government is chump change!  Once a guardian for profit gets involved in an elder cleansing program every dime of savings of the elderly victim is fair game and you can rest assurred will be stolen or redistributed to the guardian and/or his 18 USCA 371 co-conspirators.  With the help of a gullible public and dishonest political figures who are saving the social security of the elderly the miscreants obtain not only the social security payments, but pensions, trust funds etc.   In the Sykes case,  $3 million dollars was never inventoried.   In Gore $1.5 million dollars disappeared.  In Lydia Gore, $8 milion domestic.   In Wyman *******.    Answer 1:  there is ton of money available to be stolen with little or no consequences.   (Yes – these funds are taxable – but do you see Attorney General Lisa Madigan banging on Jerome Larkin’s door to collect the taxes that are due to the State of Illinois?   Larkin as a co-conspirator has joint and several liabilty!)
The last Illinois election provided another revelation.   Answer 2:   To be a Judge in Illinois requires a very substantial payment to the party organization (reported to now be $150,000)   It also take money to get elected.   Judge jobs pay well, but the investment may mean raiding college funds, retirement, or prevent the wife from getting a new Lexus.    Therefore, more than one judge is reported to be open to a little persuasion.   The Sykes jurist on page 90 and following of her evidence deposition admitted that she was wired!   The IARDC took the deposition and certainly read it, but ignored it as part of the cover-up.   To prevent further dissemination of their participation in the health care fraud, the IARDC and their co-conspirators have trashed the Illinois and the United States Constitution.    They openly misrepresented in presentations to the Court the SCOTUS case decisions.   For instance, to the Illinois Supreme Court, they represented an rejected argument in the Alvarez case and ignored the last pargraph of the Sawyer case.  (Alvarez held that even lies are protected by the First Amendment and in Sawyer the SCOTUS rejected sedition as a ground for lawyer discipline.)
The net net is if the USA desires to provide health care to the public it is going to have to enforce the law and put Jerome larkin and his co-conspirators out of business.   The guardianship laws, Americans With Disabilities, and the First Amendment will have to be more than laws on the books to placate  gadflies and assorted do-gooders.   The guardianship situation is per se a deprivation of civil rights!    It is justified on the basis of protecting the rights of the disabled person to participate as fully as possible in the American experience.   New flash!   being a non-person who is routinely exploited, abused and deprived of the rights of citizens is not the American experience.
We need instanter an HONEST INVESTIGATION  of this serious corruption.   We cannot wait until ******* is President!

Joanne Denison on Brian Kinter Show tonight! 6 to 8 pm

here is the facebook link to the show

And we are hoping for a great show tonight and to discuss some of Brian’s issues in his harrowing child custody case which involved issues of parental alienation, a custody decision made with a judge’s interview of children which was unrecorded and behind closed doors.

That does not seem like much of an open, transparent and democratic process to me, so we will discuss it further.

please tune in.

JoAnne

From Sunita Advaney, paralegal, Rules 8.2-8.3 violates the First Amendment, the integrity of the Judicial System and numerous Supreme Court Cases

ABA Model Rules 8.2-8.3 violated the First Amendment and jeopardizes the integrity of a free open and democratic Judicial System and Supreme Court case law

A hurricane of recent events that has proven to be a mixed bag of blessings and challenges has prompted me to write this article.

JoAnne Denison, JD, a stellar legal professional whom I have known for decades, has signed up as an independent sub-contractor paralegal with my company because her attorney license has a three-year suspension for what appears to be enforcement of an ambiguous ARDC Rule in violation of Ms. Denison’s First Amendment Rights to Free Speech.

Ms. Denison is an amazing woman who received her Juris Doctorate from Indiana University in 1985.  She practiced law as a licensed attorney in Chicago for over 25 years.  She was my mentor and I learned many great things from her that I attribute to my success to this day.

Of course, it looks rather ironic and almost strange that an attorney I once worked for as her assistant/paralegal, who mentored me, is now without her license and working for my company as a sub-contractor paralegal.  Her addition to my team is a mixed feeling of exhilaration and melancholy.  On the one hand, having someone with her level of education, experience and talent is an incredible gift to my company, to put it mildly.  On the other hand, the circumstances surrounding the suspension of her license and pushing her into a sub-contractor paralegal status brought a cloud to the situation that was troubling to me, so I decided to investigate the circumstances surrounding her license suspension.

Upon review of the ARDC transcripts of the hearings for Ms. Denison’s license suspension, I found that, in my opinion, she was NOT suspended for any of the reasons that the ARDC in any given state exists for in the first place.  The ARDC licensing and regulation of an attorney’s conduct in any given state was put in place to protect consumers.  The entire premise of a law degree, a bar exam, and a license registration is to ensure that consumers are protected and they get adequate legal representation.

The ARDC hearing transcripts for Ms. Denison’s license suspension clearly illustrate that Ms. Denison was a vociferous advocate for her clients.  Moreover, there is not one single negative mark against Ms. Denison from any of her clients in the 25+ years that she was licensed to practice law.  Thus, it begs the question:  if Ms. Denison was NOT suspended for attorney conduct with respect to her advocacy representation for her clients, then what was the basis for her license suspension?

According to the transcripts, Ms. Denison had her license suspended for “reckless disregard for the truth” with her assertions in her online blog that certain judges and other attorneys were corrupt.  Ms. Denison made these assertions of corruption on her blog and to authorities to prompt investigations into those matters.  Despite the fact that Ms. Denison’s license was suspended, she has continued with the corruption allegations and attributes her license suspension to a retaliation against her for being a whistle-blower.

Moreover, Ms. Denison’s efforts to shine a light on the alleged corruption she has asserted has had some favorable results.  The corrupt actions of certain judges and attorneys have been uncovered from investigations Ms. Denison catalyzed, which seems to suggest that the “reckless disregard for the truth” may not have been so recklessly disregarded after all.

There are many things about Ms. Denison’s license suspension that bother me, and they have nothing to do with the obvious bias I have for her because she was my mentor when I first started working as a paralegal 20 years ago.

What bothers me the most about Ms. Denison’s license suspension is the dangerous precedent it sets for the ARDC in any given state to over-reach its authority and put a muzzle on attorneys in violation of their First Amendment right to free speech against any one of the three branches of government: namely, in this case, the judicial branch.

We have First Amendment rights for free speech to protect every possible type of offensive speech imaginable.  Pornography, hate lyrics in music, violent images in movies, misogynistic music videos, presidential candidates stereotyping Hispanics and Muslims, flag burning, and the list goes on.  We have yet to restrict speech because somebody was offended.

If the ARDC in any given state increases the reach of its authority beyond that of protecting clients to that of putting a muzzle on attorneys for political reasons, it flies in the face of why the First Amendment of the United States Constitution exists in the first place.  The First Amendment protection of free speech exists to ensure that a democratic society with its citizens can speak out against the officials in any branch of government to hold them accountable and to shine a light on corruption.  It was designed to make public officials uncomfortable.  The First Amendment right to free speech is a vital component fail-safe to the checks and balances we have in our government system.  When all else fails, the citizens can speak up and shine a light anywhere in any branch of government that may be doing wrong, prompt investigations, and hold them accountable.

There is nobody who is closer to the judicial system on a daily basis than attorneys.  Attorneys are the ones that are in the courtrooms in front of the judges and dealing with the intricacies and daily activities therein.  If a precedent is set that the ARDC in any given state can put a muzzle on an attorney for being politically incorrect by making the judicial officials or officers of the court uncomfortable from shaking up the status quo and demanding investigations, then what we are left with is an entire branch of government that can run rampant with corruption without a citizen watchdog:  a dangerous path in the wrong direction.

Upon further research on this matter, I discovered that the United States Supreme Court has reviewed and ruled on the issue of ARDC rules against the First Amendment, confirming that an ARDC enforcement of a Rule can be a violation of an attorney’s First Amendment rights to free speech.  For example, inBates v. State Bar of AZ, 433 U.S. 350 (1977), the U.S. Supreme Court weighed the First Amendment rights of certain Arizona attorneys who had their license suspended for advertising their services against the weight of the attorneys’ violations of a certain Arizona Bar Rule for doing so, and in that situation, determined “the present application of the disciplinary rule against appellants to be violative of the First Amendment.” (Id. at 384.)  Thus, it appears that Ms. Denison may have a case for violation of her First Amendment rights for speaking out against judicial corruption and demanding investigations despite what may be a violation of a State Bar Rule for doing so.

It is my sincere hope that Ms. Denison’s license will be reinstated sooner rather than later.  However, until that happens, I have no intention of infringing on Ms. Denison’s First Amendment Right to Free Speech, no matter how uncomfortable it is to anyone, while she is a sub-contractor paralegal with Paralegal Support Services Inc.  I consider it an honor and a privilege to have her here.  She brings so much added value to the level of services we can provide with her presence.  I am confident that Ms. Denison will continue to provide excellent work product for supervising attorneys and their clients just as vociferously as she did as a licensed attorney, and she will maintain the highest level of integrity, protect attorney-client privileges, follow all the state and federal Bar Association Rules for paralegal conduct, and provide incredible work product with great value for the licensed attorney-clients that are fortunate enough to get her for completion of their projects when they sign up with us.

Please like, comment, and share this post.  Let me know your thoughts.

ABOUT THE AUTHOR: Sunita Advaney the Chief Executive Officer of Paralegal Support Services, Inc., a 21st century freelance virtual paralegal company providing cost-effective solutions for attorneys to use experienced paralegals that preserve attorney-client privilege through a HIPAA-Compliant secure cloud-computing platform on an as-needed basis.  Sunita has over 20 years of experience providing support services for attorneys in large firms, medium firms, small firms, and solo practice firms primarily in the areas of Litigation, Contracts, Bankruptcy, and Intellectual Property. Please visit http://www.eparalegals.net.

Novus Healthcare in TX accused of speeding the death of elderly with over medication to “save money”

Apparently some FBI personnel are starting to take nursing home investigations and murder of the elderly serious.  We applaud those efforts. Every time an elderly patient dies in a nursing home, there should be a tox screen for excessive consumption of heavy narcotics.  Until and unless a court orders such a treatment (as if that will ever happen, think of the long battle in Terry Schiavo’s case), patients are to be well fed, hydrated and have medications they approve of administered to them. A Guardian does not have the right to withdraw food or hydration or even administer narcotics as chemical restraints. That is all illegal.  In Illinois we have the case of In re Tiffany.

Health services CEO ruthlessly took advantage of the terminally ill and elderly, killing patients for profit

Novus

(NaturalNews) A Texas based healthcare company has been accused of expediting the deaths of hospice patients via drug overdoses in order to increase profits, according to a report by NBC 5. Brad Harris, 34, founded Novus Health Care Services, Inc. in July 2012, state records show. The company is based in Frisco.

Individuals employed with Novus accuse Harris of making heartless comments about hospice patients living too long. He allegedly instructed nurses to speed up their death by doubling, tripling and quadrupling their medication.

Harris, an accountant with no medical background, reportedly “instructed a nurse to administer overdoses to three patients and directed another employee to increase a patient’s medication to four-times the maximum allowed,” the FBI wrote in an affidavit for a search warrant obtained by the local news.

‘Hastening the death’ of hospice patients

“You need to make this patient go bye-bye,” Harris allegedly wrote in a text sent to a nurse employed with Novus. In the first instance, the nurse refused her boss’s instructions, but the FBI affidavit is unclear as to whether or not any hospice patients were harmed by Harris’ lethal business model.

Apparently, healthcare providers have an incentive to get rid of patients fast because they do not “make more money for longer hospice stays,” reports NBC 5. According to the FBI, hospices are subject to an “aggregator cap,” which limits Medicare and Medicaid payments based on the average annual hospice stay.

Providers can be forced to pay back money to the government if “patients live too long. … Hence, hospice providers have an incentive to enroll patients whose hospice stays will be short relative to the cap,” said the FBI.

Novus first attracted the attention of the FBI in 2014, when information surfaced that the company was recruiting patients “who did not qualify for services,” fraudulently billing the government for unnecessary medical treatments.

It was during the investigation that the FBI learned of Harris’ much more sinister behavior, including that “as part of this scheme, Harris, who has no medical training or licenses, would direct his employed nurses to overdose hospice patients with palliative medications such as morphine to hasten death, and thereby minimize Novus’ (paybacks) under the cap.”

Healthcare fraud, false statements and obstructing an investigation

The FBI raided the offices of the healthcare provider in September 2015, but NBC 5 was unable to view court records pertaining to that search, because they appear to be sealed. Determined to increase profits, Harris handpicked which home healthcare patients would be moved to hospice, completely ignoring their medical needs.

“He did this by having employees who were not doctors sign the certifications with the names of doctors also employed by Novus,” wrote the FBI agent. “If a patient was on hospice care for too long, Harris would direct the patient be moved back to home health, irrespective of whether the patient needed continued hospice care.”

Harris is reported to have made a series of cold-hearted and arguably downright evil comments to the nurses he employed about killing off hospice patients. During a lunch meeting, he told two healthcare executives to “find patients who would die within 24 hours,” in order to “save my ass toward the cap,” according to the FBI.

Referring to a current hospice patient, Harris said that he wished they “would just [expletive] die.” He allegedly directed other employees to “overdose hospice patients when they have been on hospice service for too long.”

The FBI is investigating Novus for healthcare fraud, false statements relating to healthcare matters, and obstruction of a criminal investigation into healthcare offenses. The company was forced to turn over all of its data storage including emails, medical records and passwords.

Novus’ website says: “When you invite us into your home, it’s personal. And we take that invite as an honor as well as an immense responsibility.”

Learn more: http://www.naturalnews.com/053521_Novus_healthcare_fraud_medical_murder.html#ixzz44pH6REAz

Tim Lahrman, disabled rights activist jailed on 17 year old warrants has been released!

Keep on with the faxes, phone calls and emails.

I have no idea how he was arrested and jailed on 17 year old criminal complaints against him (one for a broken license plate holder and one for possession of MJ) since the statute of limitations has expired, but I am glad he is safe at home.

And I want to thank all of you out there for your faxes, phone calls and emails for his safety and release from jail.  Tim is a hero and does not belong in jail.

He is currently fighting at the 7th circuit for the rights of all disableds to have special accommodations in foreclosure cases. We must support and aide those efforts in every way we can.

Thanks again.

PS – below is Ken Ditkowsky’s synopsis of the case.  It is correct

I could not reach Tim to respond to this e-mail –  I heard about the 6 AM court hearing     In my 53 years in the practice of law the earliest that I ever had a Court hearing was 8:30 A.M.    We did by agreement try a case at the end of term time to 2:00 AM.      
 
Let’s put all this into perspective.    The matter that Tim is wrongfully in jail for is 17 years old plus.    It is a misdemeanor.    No bail has been set – (Constitutional Violation).     Whomever the public defender is is either incompetent or disinterested.    The PD has a duty to the client.   Apparently, this PD could care less.   (I will inquire if a malpractice action is feasible ).    What apparently happened in Court was another Constitutional violation – 6th Amendment.     The delay is a clear violation of the right to a speedy trial. (violation 3).
 
Lets go a step back.   By herculean efforts Attorney CS and Journalist JP were able to obtain copies of the court file.    It appears that the 17 year old charges were kept alive by a highly suspect proceeding – an exparte trial.    Tim was not present.   Of course there are some jurisdictional problems, to wit:  Tim was declared incompetent and a guardian was appointed for him.    A plead of innocent was entered.     There is a serious question of jurisdiction!    It does not appear that the trial court actually considered that issue.
 
The file shows a crime lab report.    That report creates the reasonable doubt that required the Court to sua sponde dismiss the charges.     The report finds that whatever substance that they were given to examine was Marijuana.    Marijuana is a plant.    Possession of a plant is not against the law, the crime is if the plant contains a barred or controlled substance.   Every mariner has possession of this plant – it is called hemp and its makes a very fine grade of rope.     There is no finding as to any controlled or banned substance being found.
 
The fact that Tim is reported to have missed the hearing is irrelevant.   The JUDGE had an absolute duty to protect Tim’s rights.    When the element of a controlled or banned substance was not proven by proof beyond a reasonable doubt the Judge pursuant to his duty and oath of office had to sua sponde dismiss the proceedings and order remediation of the whatever damages Tim might have suffered.
 
Of course – the 6th amendment required Tim’s PD to be present – the failure of the PD to move for a dismissal based upon the finding of Tim’s incompetence and upon the lack of a controlled substance/banned substance was INEFFECTIVE COUNSEL.    The vacation of any warrant is per se mandatory.    In a similar manner the prosecuting attorney breached his duty.   The job of a prosecutor is not to convict – it is to see justice was done and therefore knowing that he could not prove that the controlled substance/banned substance was present he was required to dismiss the proceedings.
 
Looking at the present  – 17 year old warrants for misdemeanors cannot be renewed .   Everyone is aware that prosecution of stale misdemeanors is wrongful and a denial of equal protection of the law – the law enforcement people have dishonored themselves by even arresting Tim.   The Judge, the prosecutor and the PD all had a duty to protect Tim’s rights.    It is apparent that they chose not to do so.
 
As Tim has been declared a disabled person, it is assumed that the local authorities are aware that the holding of Tim, and his continued incarceration are all violate the Americans With Disabilities Act.    Tim is entitled to a reasonable accommodation.   Appointment of PD who is not available is not appropriate or reasonable.   The holding of a citizen in jail under these conditions is outrageous and unAmerican.    
 
PUrsuant to Rule 8.3, 18 USCA 4,  I have reported this terrible situation to the Justice Department.   The Justice Department administers the ADA.    I ‘ve also reported the violation of 18 USCA 241,242 42 USCA 1983.    (The Goshen Indiana authorities have also been informed).     
 
What has happened to Tim Lahrman is terrible and a serious violation of his (and our) Civil and Human Rights.     It cannot be unanswered.    I urge you and all your friends to realize that what Happened to Tim could happen to you, unless we sent a strong message.    I leave it to each person who is on this thread to instanter make at least on positive action in support of the Constitution of the United States of America.   
 
I’ve urged in e-mails the local law enforcement to do their jobs and protect Mr. Lahrman’s civil and human rights and mitigate the damages that have been caused.    
 
 
 
 
Ken Ditkowsky

More on Tim Lahrman and his Friends for Justice

To: Andy Ostrowski <ajo@bsolaw.com>, ‘Candice Schwager’ <candiceschwager@icloud.com>…………………………………..
 
Subject: Re: LAHRMAN v. SCHEIBENBERGER, CAUSE NO: 3:08-CV-354-RM. (N.D. Ind. Aug 14, 2008) | Casetext
Date: Apr 1, 2016 11:39 AM
Tim, years ago was pushed out his business by his brother.  The brother recognized that litigation would be long and costly so he arranged for Tim to be declared incompetent and have a guardian appointed for him.   Tim was never incompetent, nor was he insane.   Like the bunch of us he marched to his own drummer.    More importantly he made money.   Such was the incentive.

In the 1990’s apparently Tim had a Marijuana arrest.   He used the incompetency as a sword and a shield.   He had done this successfully before to the absolute horror of his guardian and his brother.    The guardian was well clouted and resented the fact that when Tim had a problem with the authorities he pointed out that X was his guardian and the authorities ought to speak to the guardian.

This old case apparently was out there when Tim used the guardianship last year to defend a mortgage foreclosure suit and the unfair procedures.    The net was this exposed a powerful and clout heavy member of the political elite’s (judicial elite) past.   No matter how you slice it stealing money and misusing the Courts is a felony and when covered up an ongoing felony.    Tim is well written and relentless and therefore he had to be shut up.     

Therefore, as is common the miscreants use their clout to accomplish illegal ends.   They dug up the old Marijuana charge (and driving with suspended license) both misdemeanors and arrested Tim.  They apparently figured that a month or so in the City jail would either push Tim over the edge or convince him to lay off.   The charges are 17 years old and clearly wrongful.    As Tim was helping many in their battles with the elder cleansers when he suddenly disappeared from the scene Rosanne started making inquiries and found out that Tim was in jail.   Candy and Janet both jumped into the picture and started a mini=hue and cry that is going on today.    They raised the Americans With Disabilities Act and the FBI and the Justice Department notified as to the discrimination against a disabled person.

Amongst the complaints that have been raised are:

1) the complaint is stale – and the warrants issued stale
2) the underlying proceedings are clearing unconstitutional and highly discriminatory  – more important the laboratory report does not find the chemical substance that make Marijana illegal and subject to regulation.   Rope is not a item that is prohibited by law.  Hemp rope is very expensive.
3) Tim’s current civil and human rights are being violated – i.e. no bail hearing, no public defender appointed  – it appears that at 6:00 AM in a hurriedly call hearing the Judge finally appointed a PD (Thursday) who is disinterested in even meeting with Tim
4) Tim has not been given a reasonable accommodation, his guardian, who is believed not have filed a final account, is ignoring the proceeding – except to possibly promulgate it.

Tim is not law trained but he has good instincts.  The local legal eagles figured to have one of the trained shrinks who is programmed to parrot whatever the prevailing wind requires was to be enlisted.    Then using the parrotted testimony they intended to get the guardian off the hook = sans the accounting.   Tim refused to allow this to happen, ergo, these proceedings lingered for 17 plus years!
This is another example of the elder cleansing scenario and the protection that it is afforded in the Courts.   Elder Cleansing is one of the most lucrative and fastest growing cottage industries in America.

I hope this answers your question Andy.    (The facts recited are based upon my personal analysis and are subject to revision as further information is received)

Ken Ditkowsky

Tim’s arrest with a decade’s old arrest warrant. How does this happen?

Somehow a 17 year old arrest warrant was recently reissued against an Elder and Disabled rights attorney when his case to force the courts to make reasonable accommodations to the Disableds in foreclosures (appoint attorneys, GAL’s, etc. for assistance), is now up at the 7th circuit.

Perhaps he also made the mistake of publishing the truth and pictures of certain judges in state court, as Ken and I have done.

Regardless, someone sent me the law on Indiana arrest warrants and that they expire and are supposed to be returned to the Clerk of Court in 180 days.  The warrant can be reissued, but what judge in their right mind would do this when the Statute of Limitations on a broken license plate and possession of MJ is far less than 17 years.

Who set this up?  Of course, it could be a mistake, but now Tim’s entire arrest is illegal, unconstitutional and an Abuse of Power, so for sure he will be back to the ND of Indiana Court on a 42 USC 1983 and 18 USC 242 for deprivation of rights under color of law.

I have no idea how the State of Indiana can seize someone who is an incompetent and not just turn them over to the care of his or her Guardian. They are legally a non person now, just like your cat or dog, and if a cat or dog gets lost, the police keep them safely until doggie mom or dad can pick them up.

Tim’s guardian should have been contacted immediately, and when he didn’t respond, an emergency petition should have been filed  for a temporary guardian to release him to the custody of.  I don’t understand how he can be charged with anything.  He is no longer legally a person.