MaryGSykes.com

CONFIRMED BY ILL. SUPREME COURT– YOU ARE VIEWING THE MOST DANGEROUS BLOG IN ILLINOIS. This blog warranted a 3 year suspension by the ARDC/Jerome Larkin! Mottos: "Sunlight is the best disinfectant". Justice Louis Brandeis ; "If the truth can destroy something, then it deserves to be destroyed" Carl Sagan; "Justice is Truth in Action" Benjamin Disraeli. Illinois uses the ARDC to quash dissenting attorney activist blogs ; "The freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic Governments" — (1776-First Amendment preamble adopted by 8 US colonies)

MaryGSykes.com

From NASGA – more convictions on Medicare fraud–$50 million and $10 million

Genesis reaches $52.7 million settlement with Department of Justice

Genesis Healthcare will pay $52.7 million under an “agreement in principle” to settle four separate U.S. Department of Justice investigations, the nation’s largest long-term care company said.

The settlement will resolve allegations over inadequate staffing numbers at several of the provider’s long-term care facilities from 2005 through 2013, along with allegations of billing fraud for hospice services, according to a statement released by the company. The settlement covers alleged Medicare rule violations for physical therapy at two subsidiaries owned by Genesis.

“The company has agreed to the settlement in principle in order to resolve the allegations underlying these successor matters and to avoid the uncertainty and expense of litigation,” the company’s statement said.

Genesis said it has already set aside $39.1 million for the settlement, but it expects to record an additional loss contingency expense of $13.6 million in the second quarter of 2016 as a result of the lawsuits. They added that they plan to pay the full amount over a period of five years.

The provider currently operates nursing homes in 34 states and employs nearly 90,000 workers nationwide.

 

 

Doctors convicted in $8.8 million Medicare hospice fraud

http://www.mcknights.com/news/doctors-convicted-in-88-million-medicare-hospice-fraud/article/494934/

Two California doctors were convicted Thursday (May 8, 2016) of lying about patients’ terminally ill status in order to refer them to a hospice facility and submit roughly $8.8 million in fraudulent Medicare and Medi-Cal claims.

Sri Wijegoonaratna, 61, and Boyao Huang, M.D. 43, are the sixth defendants named in the case; four other defendants have pleaded guilty to healthcare fraud and are awaiting sentencing, according to the U.S. Attorney’s Office for the Central District of California. The scheme was ran from March 2009 to June 2013.

The two physicians were convicted on charges that they falsely stated that patients were terminally ill, even if they did not require end-of-life care. The patients were then referred to California Hospice Care in Covina, CA.

“CHC nurses performed ‘assessments’ to determine whether the beneficiaries were terminally ill and, regardless of the outcome, Wijegoonaratna and Huang certified that the beneficiaries were terminally ill — even though the vast majority of them were not dying,” the attorney’s office said in a press release.

CHC submitted nearly $8.8 million in false claims to Medicare and Medi-Cal, the state’s Medicaid program, and received close to $7.4 million in payments. In exchange for their referrals to CHC, Wijegoonaratna and Huang received tens of thousands of dollars in kickbacks.

Wijegoonaratna was found guilty of seven counts of healthcare fraud, and faces a maximum of 70 years in federal prison. His medical license was revoked earlier this year. Huang was found guilty of four counts of healthcare fraud, and could serve up to 40 years in federal prison.

SIMILAR ARTICLES

From Ken Ditkowsky–the future is here

The Future is here.
This report will receive little mention in the press, unless some the American Human Rights organizations can find a profit in raising a hue and cry.     Similarly, the elder cleansing scandal is subject to the same market forces.    The reason – the profit is in the cottage industry of elder cleansing and NOT in the protecting of old people.     On the pages of Probate Sharks/MaryGSykes/Nasga **** is detailed the manner in which enormous profits are obtained by the miscreants.    In the Mary Sykes case (Cook County, Illinois) 09 P4585 several million dollars were stolen by corrupt individuals.     These funds were received by the miscreants as matter of right and were neither inventoried or subjected to either Federal and State Income taxes. [1]    In the Alice Gore case a similar situation existed, however, the incarceration of Grandmother Gore generated funds yet to another set of parasites.      (The details are on the blogs and in particular Probate Sharks).
The protections of 755 ILCS 5/11a – 1 et seq. and in particular 755 ILCS 5/11a – 10 are routinely thwarted by ‘wired’ judges.      Not all the judges are ‘wired’ or ‘fixed’ but those who are well known by the victims.    (They are disclosed on the blogs: ProbateSharks.com/MaryGSykes.com/justice4every1.com/NASGA blogs.    Judge Maureen Connors was the Judge in the Sykes case.    On page 91 of the Evidence Deposition that the IARDC (Jerome Larkin – Illinois Attorney Registration and Disciplinary Commission) took revealed the admission of Judge Connors that she was ‘wired!’  – of course Judge Connors not only got a pass, but was elevated to a position on the Appellate Court of Illinois).      Hundreds of complaints across the United States of America have been forwarded to the ACLU, AARP, and other so called Human Rights organizations that routinely solicit money from you under guise of defending your CIVIL AND HUMAN RIGHTS.      Even though the Government Accounting Office has issued four (4) reports to congress the silence and lack of response from not only our elected representatives but these tax supported organizations have been electrifying.    They have been STONE SILENT.
If you were to write to our Elected Senator, Durbin, about this problem you would receive the response that I did – he sent me a copy of a speech that he claimed to have given as to his fight to protect SOCIAL SECURITY!      (Senator Kirk forwarded my letter to the Attorney General of the United States and asked them to look into it–that was ages ago).     The response of Senator Durbin is unfortunately the most common response.     Even though billions of dollars are stolen from the elderly and their families, and Medicare and other health care programs are being driven into Bankruptcy the fight against elder cleansing (and the defense of the Civil and Human Rights) is largely ignored.      Philip Esformes was recently reported to be charged with a Medicare fraud of a billion dollars!       He accomplished it using only 30 nursing homes in South Florida.    His father and a cadre of nursing home operators are doing the very same thing that Esformes did in Florida right here in Cook County and the Medicare Frauds appear to be tolerated.     The number of nursing homes engaging in same Medicare Fraud as Esformes is about 100x or more as great.
Medicare Fraud (and health care fraud) is not a victimless crime [2].       We are all victims.    Obamacare or any other program of health care would be fantastic success if we could reduce the fraud to the Federal norm of 25%.     The Seth Gillman hospice fraud does give us some insight into the problem.   N.B.  Gillman has pleaded guilty and is reported to be co-operating with the United States of America.      Gillman was openly and notoriously protected by Mr. Larkin and the Illinois Attorney Registration and Disciplinary Commission.     It does not appear that the Attorney General of Illinois or the States Attorney are actively prosecuting the Hospice crimes or the nursing home crimes!        THUS we have a de-facto abrogation of the Fifth and Fourteenth Amendment to the United States Constitution.      We no longer have equality before the law.     We have whole group of elites who are ABOVE THE LAW!
What happens if you speak out right here in Chicago, Cook County, Illinois against the isolation of senior citizens by corrupt judicial officials so that they can abused, exploited, robbed of their dignity, humanity, civil rights, humans and property?     What happens if you speak out against the judges (such as Judge Connors – who admitted on page 91 of her evidence deposition her corruption) who could care less about the facts in their elder cleansing activities?      What happens if you follow the dictates of good citizenship 18 USCA 4, lawyer rule 8.3, *****?
The Wall Street Journal article, to wit:
 http://www.wsj.com/public/page/videoEmailThisScrim.html?url=http%3A
tells you what happens in a totalitarian country such as China.     Here in Illinois a similar approach is promulgated.    Lanre Amu exposed Judge Egan, who was similarly exposed by Crain’s Chicago Business    –  he was castigated, defamed and politically assassinated.     The Supreme Court of Illinois thought his disclosures to be so horrible that he received an interim suspension of his law license, even though the charges he brought we not only true by verified by a respected business publication.      Jerome Larkin and his lackeys (co -conspirators pursuant to 18 USCA 371) found Amu to be practicing law while ‘black’ and therefore the trust was a lie.
  In America ‘due process’ for the great unwashed is on its way to becoming whatever the ‘political and judicial elite’ predetermine.      The FIRST AMENDMENT to the Constitution is the core value of America.     The right to complain to the government as to misconduct by the government or its servants is basic.     The right to report criminal behavior is sacrosanct – especially if the corruption is that of judges, political figures *****.    The Right to Speak out as to any political or content related subject has been upheld by the CITIZENS UNITED case.  (SCOTUS).      It does not matter if the speech is in corporate, union, association, or just that of the great unwashed – the speech is protected.     In the ALVAREZ case the SCOTUS held that the speech did not even have to be true!      The political and judicial elite are livid!    The great unwashed like the Civil Rights lawyer in China can openly and orally make their views known, even if those views are contrary to the views of the government.
The response of the Political elite is to intimidate those of us who speak out.    Jailing dissents at this point in time is not impractical in the United States of America and even in Illinois.    In the case of Gloria Sykes chaining her in a courtroom and threatening to kill her service dog etc. was the preferred method of punishing her.    Robbing her of her inheritance and some sundry property was also sufficient.      *****    In the case of  an attorney, kangaroo disciplinary proceedings usually does the trick.     If it does not, long suspensions of law licenses are at this point in time the punishment that is prescribed.    Getting the law license back at the end of the suspension is problematical.        For instance,  in a sister State Andy is being literally blackballed because he exhibited political ambitions and has created a forum for dissent.     JoAnne Denison still publishes her blog and regularly exposes corruption!
The League of Women Voters had a slogan, to wit:   Democracy is not a spectator sport.      We, the great unwashed, should not take the jailing of a foreign human rights activist smugly –  Our government by tolerating the elder cleansing scandal and the attempts by public officials such as Jerome Larkin is demonstrating some of the worst habits of totalitarian tyrants.      The silence by our institutions as to the assault on the First Amendment is a red flag!    (The first red flag was raised when the political elite commenced the assault on the First Amendment!)       ******


[1] The Gold coins stolen from the safety deposition box had a value of about a million dollars.    The guardian allegedly entered the safety deposit box of Mary Sykes (see affidavit of Gloria Sykes filed with the IARDC) and just removed them.   They were not inventoried.   When the outrage was pursuant to Rule 8.3 disclosed to the IARDC and law enforcement, it was to be noted that GAL Cynthia Faring – who admitted to having no knowledge as to the truth or falsity of the Gloria Sykes charge and affidavit was the only one of the miscreants to deny the charge – the guardian to this day has not denied the charge.     Other substantial property was also reported to not being inventoried, and Mary’s dwelling was sold for a fraction of its value to a miscreant related entity.    As these items were not inventoried it is a certainty that no Federal or State Taxes were paid.
[2] I do not know why crimes against the UNITED STATES OF AMERICA are called victimless – but in the case of the 700% surcharge on health care few people not sick, disabled, **** really get excited.    The doctor who slows his vehicle down to 30 miles an hour as he drives past the nursing home and records a visit to the 300 patients resident there is honored by the Community and all too often given a pass by law enforcement and the tax collector.

From Ken Ditkowsky-article on Chicago Judge hangs up her Robe

from the SunTimes

Mihalopoulos: Without clout, judge says no appeal in boring job

Retiring Judge Sheryl Pethers. Photo courtesy of Windy City Times.

Many of us — and probably all lawyers — fantasize about being elevated to the bench, wearing the black robes, getting called “your honor” and imparting our tough but wise decisions to cowering plaintiffs, defendants and counsel.

But it ain’t all that, if we’re to believe veteran Cook County Circuit Judge Sheryl Pethers.

Unless you’ve got the clout to get a prestigious courtroom assignment, Pethers says, being a judge in this county is “demoralizing” and often leaves you “bored out of your mind.”

In an email last month titled “Hanging Up the Robe,” Pethers announced her plan to retire at the end of her term in December and said she’ll leave the $187,000-a-year job with few regrets.

The email reads a bit like a law-and-order version of chef Anthony Bourdain’s “Kitchen Confidential,” with accusations that unnamed colleagues in the Cook County judiciary are often mailing it in.

Sure, there are “real upsides” to being a judge here, Pethers says.

“Good pay, great benefits, lots of vacation,” wrote Pethers, 58.

She says she also enjoyed working with some of her fellow judges, resolving disputes and explaining the legal system to non-lawyers who file cases without an attorney.

But Pethers found it particularly depressing that “there are judges who regularly don’t even come to work, but get to choose their courtrooms,” according to the email sent to friends and colleagues.

Pethers came to realize she never had a shot at presiding over a courtroom in the Law Division. She worked almost her entire career as an attorney in the Law Division and aspired to sit in judgment there, she says.

“For years, I have watched folks elected long after me get assignments I wanted,” says Pethers, who became the county’s first openly lesbian judge when she was elected in 2004. “Some of them, although not on the bench as long as me, were at least as qualified for the positions. Others, not so much.”

Pethers clearly blames her failure to enjoy upward career mobility on a lack of political influence: “Being ‘nobody who nobody sent’ doesn’t cut it. And because of that, qualification and experience don’t either.”

She doesn’t name any of the allegedly better-clouted colleagues who were promoted unfairly over her. But Pethers put the blame for the situation squarely on longtime Chief Judge Timothy Evans.

“He never once returned my calls,” Pethers says. “When I complained a bit about that, his assistant told me to write him and tell him what assignment I would like, and then she’d set up a meeting. I wrote. Never heard a word. Called to set up a meeting. Never got a call back.”

In a statement Tuesday, Evans — who’s facing a rare challenge to his own job, from alderman-turned-judge Thomas Allen — said Pethers expressed interest in a Law Division vacancy in 2011 but her supervisor later “indicated she was no longer interested.”

Evans also said he was “surprised and disappointed” to learn of Pethers’ views of her time on the bench.

“I believe there is always honor and gratification in service as a judge,” he said. “No matter how minor or major a case may seem to be, each litigant regards his or her case as the most important thing in the world and each deserves to be treated accordingly.”

[I find this statement to be amazingly interesting due to the fact that in Probate, they still do summary evictions of the elderly and disabled without due process, invalidate trusts and wills without due process and behave in so many ways foreign from the Illinois and US Constitution, the court system seems fairly treasonous to any little minion flies that happened to walk into clouted traps, most notably, the 18th floor]

His statement did not address Pethers’ allegation about judges playing hooky.

Pethers did not return calls seeking comment.

Her email blast, though, vividly told what it’s like to lord over a local legal backwater.

What little challenging work she’s been given, Pethers writes, “takes all of about 2-3 hours a day” and is on her docket only every other week.

The rest apparently is a distasteful snore: “I have spent 12 years throwing people out of their homes in evictions, placing judgments against poor people who cannot pay their credit card and student loan debts and dealing with lousy insurance companies in fender-bender car accident cases. And the occasional breach of contract, slip and fall or dog bite.”

Now, she sees she had been “so naïve” when striving for a judgeship.

“A well-known ‘mover and shaker’ told me when I was campaigning that, if I thought an election was political, ‘Wait until you’re a judge — there’s no place in Chicago more political than that,’” Pethers says. “I didn’t understand that then, but I sure do now.”

Hanging Up the Robe

Statement From Chief Judge Timothy C

Pethers Docs (2)

 


Stop American Family Court Bias Against Irish Immigrant Mother

Stop American Family Court Bias Against Irish Immigrant Mother

My name is Roisin Cassidy. I was a custodial mother of my two children for 15 years, currently aged 15 and 11. I’ve always been a devoted mother, and all I have ever wanted to do was to co parent my children. Nonetheless, their wealthy abusive father asked for sole custody and was successful, by means of a custody report that I believe to be inaccurate and biased, conducted by Dr. Ken B. Perlmutter. This report was signed into a court order by Judge Raymond Swope, San Mateo. I was not permitted to present my evidence in court.

This is not a case of substance abuse, mental illness or parental deficiencies. After leaving an abusive marriage, my children and I were subjected to years of expensive litigation and harassment, as well as two custody evaluations by Ken Perlmutter PhD, Palo Alto. These custody evaluations placed me and the children under a microscope for years to the point where I had to account for every decision I made no matter how small and for each and every incident that occurred in our daily lives no matter how trivial. If I was five minutes late for a doctor’s appointment, I had to explain why in detail.

Recently, after five years of expensive litigation all instigated by the father Stephen Tyrrell, I simply ran out of money and could not continue fighting. My children and I had less than 48 hours to say good-bye, and they were uprooted from their Bay Area home to Camas, Washington. Parents often lose their children to the parents who abused them, and mistreated them by means of legal and financial abuse.

Ken Perlmutter is a member of the Association of Family Conciliation Courts, an organization of family law professionals that have recently come to Ireland via ARC mediation in Waterford, Ireland. The AFCC does not believe in holding their professionals accountable and do not investigate complaints against their members. I wish to enlighten Irish parents of the possible removal of due process when entering mediation with professionals associated with the AFCC. I am requesting that the AFCC change their rules to allow for me to file a complaint against and investigate what I believe to be a biased and inaccurate evaluation. I also request that shared parenting be restored.

From Eliot Bernstein–he will be on Justice Served — 5 pm ESDT

Many of you know Eliot for his championship of truth and justice in the court system,and for Andy Ostrowski speaking out also on the same topics–truth and justice in our nation’s court system.

Please listen to the following tonight on Twigs Cafe Radio with Justice Served:

Eliot Bernstein will be on Justice Served with Andy Ostrowski this evening at 6 p.m. eastern time to update out listeners on the guardianship reform efforts.

From Ken Ditkowsky — While Jerome Larkin continues his vendetta against the whistleblowers, the public does not remain silent.

Dear Readers;

Ever since Jerome Larkin, head Administrator of the Atty Regn and Discipline Commission began his vendetta against this blog to shut me up, this blog has only grown in strength and power form one with 50 views per day, then to 100 during the trial, and now it regularly is able to garner 200 or more views per day from viewers like YOU.  People who are gravely concerned we must bring truth and justice back into the Illinois courtrooms.

It is pretty much a laughingstock that Jerome Larkin continues this vendetta to this day despite the fact that is it well known among lawyers and the public that Jerome Larkin and the ARDC is simply not doing it’s job and those that engage in “target, isolate, medicate, drain the estate, narcotize to eliminate all witnesses and cremate” are literally getting away with murder.  How many senior citizens do we have to lose before those in the legal community with power and clout wake up and take a stance.

To compare, recently a pretty young lady came to me in tears.  She said that she had little money and that Attorney X responded that he would defend her in a minor criminal matter for X dollars. She said, “I don’t have that much money”, and the Atty responded in a string of text messages, “that’s okay, I only want to f*** you, let’s just f*** instead, everytime I see you I want to f*** you.”  Amazingly enough, the ARDC didn’t send back their usual letter, “get lost you minor peon letter.”  Althea Walsh said she would seek to suspend him.  Of course, I think disbarment is appropriate and he should be tested for psychopathy.  What kind of a person says that to someone who has little money, claims she is charged innocently of a crime, and we all know the PD’s are lazy and only push to settlement.  But I digress.  AW made the appropriate response.

Now when grandma is subject to “target, isolate, medicate, drain the estate, eliminate and cremate” what is the proper response?  Go after the messenger.  It is still go after the messengers, the rable rousers, those that want to implement low cost or volunteer Elder Assistants and rid the courtrooms of secret lists of attorneys and vendors that are bottom feeders and abusers instead of stealing $80k per year or more from estates from tied in attorneys like David Martin ($60k per 14 months) and Paul Franciskowicz ($20k per 14 months or more).

So read on below. The fight continues and I will not abandon a one of you.  I promise.

Joanne

From Ken

The resistance of Jerome Larkin as a public official to an HONEST INVESTIGATION of the Elder Cleansing scandal is beyond belief.   You would think that after being hammered day after day by the blogs and yours truly he would join in and ask for an HONEST INVESTIGATION.
If Larkin’s hands were clean, this would have occurred almost six years ago when the first call was made, however, his resistance and that of others who are allied with him is much more than a refusal to do their jobs.   IT IS AN ADMISSION of a massive failure of public, political and judicial officials to do their public, political and judicial jobs.   It is an admission of corruption!
This is now much more than a ‘cover up’ and intimidation of a couple of lawyers who spoke out against the WAR ON THE ELDERLY AND THE DISABLED that has been the official policy of the STATE OF ILLINOIS for more than a decade.    This is our Waterloo!   Either we take a stand and DEMAND that our public officials embrace some semblance of Honor, honesty and individual integrity or we will soon be kissing our democracy goodby and surrender to a NORTH KOREAN style totalitarian State. 
 
 
I do not have the answer or the answers – but, I am not so blind that I do not see the handwriting on the wall.      The ex-parte petition for costs that Larkin filed with the Supreme Court in your case (JoAnne Denison) is a DECLARATION of the corruption.   Not only is it wrong from him to have ex-parte communications with the Court, but he openly and notorious brags that he violated the Law, and even though specifically prohibited from using any funds to pay unlicensed professionals, he used public funds (over $10,000) to make the illegal payments.   Larkin by his co-conspirators not only admits the felonies, but,  sought to obtain the connivance of the Supreme Court of Illinois justices.    (The decay in our judicial systems is illustrated by the fact that at first glace the 7 legal eagles attorned to Larkin!)
 
The Hurricane Warnings are up!
 
—– Forwarded Message —–
From: kenneth ditkowsky <kenditkowsky@yahoo.com>

Sent: Tuesday, August 2, 2016 9:58 AM
Subject: Re: Demand to Jerome Larkin head of Illinois Atty Regn and Disciplinary Comm

Pursuant to Rule 8.3 and 18 USCA 4 I am forwarding your demand to law enforcement and the ABA.
There is absolutely no doubt that Jerome Larkin as part of the cover-up of the cottage industry of ELDER CLEANSING has committed multiple felonies.    Among the Felonies is the violation of your CIVIL RIGHTS, and as Mary Sykes died in part as approximate cause of his inaction and cover-up his Civil Rights violation is a felony.  Ditto for Ms. Opryszek and Ms. Smart.    I am therefore echoing your demand and REQUESTING THAT LARKIN, OPRYSZEK, SMART and the other miscreants involved in this travesty and assault on the FIRST AMENDMENT be brought before a FEDERAL GRAND JURY to answer for their misuse of their PUBLIC TRUST and Public Funds.  (nb.  their latest filing to the Supreme Court of Illinois indicates that public funds were illegally paid out.   Certainly lawyers who swear to uphold the Constitution have some idea as to the RULE OF LAW).
The youth of America and the public general need to have their confidence in our leaders renewed.    This morning I noted the following in the Wall Street Journal, to wit
It is easy to dismiss the Larkin frugality with the truth as small potatoes when compared to the public charges that have been made concerning our two political candidates (Clinton and her emails and war crimes and Trump and his 3500 lawsuits and a NY lawsuit alleging a brutal rape of a 13 yo with witnesses), and his dipping into public funds to tilt the playing field against Ms. Denison a bit as a misdemeanor; BUT what we are observing is a cancer.   In the Larkin offensive against the First Amendment the cancer affects YOU AND ME and therefore is particularly nefarious.
THE TIME TO TAKE BACK AMERICA IS NOW.   The First Step is to obtain the HONEST INVESTIGATION that Mr. Larkin is so afraid of, and the second step is to address the crimes of Jerome Larkin and all his 18 USCA 371 co-conspirators.   (NB.  As the State of Illinois is on the verge of Bankruptcy – collecting the income taxes, interest and penalties that he and his co-conspirators owe on the booty of Elder Cleansing would also be nice – Why should Larkin be given immunity from the tax liability promulgated by his felonies).


To: numerous attorneys fighting elder cleansings, states attorneys and fbi email addresses
Sent: Tuesday, August 2, 2016 2:41 AM
Subject: Demand to Jerome Larkin head of Illinois Atty Regn and Disciplinary Comm

Dear Mr. Nguyen-Ba;

I am sure you have read the pleading that I recently submitted to your offices that my proceeding in Illinois with the ARDC was nothing but Fraud on the Court by the IARDC.
 
I am here with demanding that Mr. Larkin and the other attorneys involved contact your offices immediately and issue an apology and with draw their complaint against me.
I am certain that you are shocked beyond belief at the conduct of attorneys in Illinois and how they fail to protect the elderly and disabled and financially exploit and abuse them, up to and including the point of murder by narcotizing them to death.
Attached is my current summary of 29 cases, many of which involve murder of our disabled Illionis citizens which I am sending to your offices.
I trust that you will take your oath as an attorney and to uphold the laws of your state and the US Constitution and dismiss the complaint against me.
I have not gone away, but I am now petitioning members of the Senate Subcommittee on Aging and the House Subcommitte on the Judiciary to allow me a hearing and to appoint a special investigator to protect our elderly and disabled across the nation.
I appreciate you prompt assistance in this regard.
All of the above lawyers were involved in the Fraud on the Court against me.
Please publish, post and cross post on social media.
JoAnne Denison
cc:  blogs http://www.marygsykes.com, justice4every1.com, probatesharks.com aarpg.com
fbi

 

From Eliot Bernstein–Amazing–Federal Court to Hear Inheritance Dispute

Federal Court Permitted to Hear Inheritance Dispute

Written by Jeffrey Skatoff • August 1st, 2016

Probate Litigation,  Commercial Litigation,  Federal Inheritance Litigation,

A Federal court is permitted to hear an inheritance dispute, so long as the case does not run afoul of the probate exception, the Younger Abstention Doctrine, and the Colorado River Abstention Doctrine.

In Life Insurance Company of North America v. Wagner, 2016 U.S. Dist. LEXIS 50902 (D. Utah 2016), the Federal district court allowed an interpleader to proceed regarding life insurance death benefits.  The underlying dispute was between the surviving husband of the deceased, Mr. Truman, and the mother of the deceased, Ms. Wagner.  Truman was the named beneficiary on the policy. Truman was found guilty of murdering the deceased, which would disqualify him from receiving death benefits pursuant to Utah’s slayer statute.  Wagner claimed the death benefits should instead be payable to her.

The insurance company filed an interpleader action in Federal court, so as to allow the court to determine who should receive the death benefits and to avoid potential exposure to having to pay the death benefits twice to the two claimants.

Truman raised three defenses to the Federal court hearing the dispute:  the “probate exception,” the Younger Abstention Doctrine, and the Colorado River Abstention Doctrine.  All three defenses were rejected, as follows.

Probate Exception

The Court heard the case under Federal diversity jurisdiction, which requires that the parties in the dispute be in different states.  The probate exception is a doctrine that precludes a federal court from hearing a dispute that it would otherwise hear under diversity jurisdiction if the action interferes with the traditional jurisdiction of state probate courts.

The probate exception was clarified in 1946 by the Supreme Court in Markham v. Allen, 326 U.S. 490 (1946), as set forth in the Wagner case:

   [W]hile a federal court may not exercise its jurisdiction to disturb or affect the possession of property in the custody of a state court, … it may exercise its jurisdiction to adjudicate rights in such property where the final judgment does not undertake to interfere with the state court’s possession save to the extent that the state court is bound by the judgment to recognize the right adjudicated by the federal court.

The probate exception was further clarified in the seminal case of Marshall v. Marshall, 547 U.S. 293 (2006), as relied upon by the Wagner case:

   [W]e comprehend the “interference” language in Markham as essentially a reiteration of the general principle that, when one court is exercising in rem jurisdiction over a res, a second court will not assumein rem jurisdiction over the same res. … Thus, the probate exception reserves to state probate courts the probate or annulment of a will and the administration of a decedent’s estate; it also precludes federal courts from endeavoring to dispose of property that is in the custody of a state probate court. But it does not bar federal courts from adjudicating matters outside those confines and otherwise within federal jurisdiction.

In rejecting the argument that the probate exception precluded the Federal court from hearing the present case, the court explained as follows:

Because the insurance proceeds are not in the custody of a state probate court, the Court reads Markham, as well as Marshall’s narrow definition of “interference”, as permitting Wagner’s federal pursuit of the interpled insurance proceeds. . As Wagner notes, her cross-claim seeks a ruling that Truman committed a disqualifying   homicide in the context of determining her rights to the insurance proceeds. There is no will at issue. The court is not being asked to administer the estate. And the probate court does not have custody of the insurance proceeds. Therefore, Truman’s position that the probate exception bars federal jurisdiction is rejected.

Younger Abstention Doctrine

The Younger Abstention Doctrine precludes a Federal court from hearing a dispute if being litigated by state authorities and the state forum is adequate:

   [a] federal court must abstain from exercising jurisdiction when: (1) there is an ongoing state criminal, civil, or administrative proceeding, (2) the state court provides an adequate forum to hear the claims raised in the federal complaint, and (3) the state proceedings involve important state interests, matters which traditionally look to state law for their resolution or implicate separately articulated state policies.

In rejecting the application of the Younger Abstention Doctrine, the court explained:

Because the state court does not have custody over the interpled funds, there is not an ongoing state proceeding regarding that property. Likewise, because the state has no control of the interpled funds, the state court is not an adequate forum to hear the claims raised in the federal complaint. Lastly, the Court is not persuaded by Truman’s position that the policies involved in this interpleader action are such that abstention is warranted.

Colorado River Abstention Doctrine

The Colorado River Abstention Doctrine precludes a Federal court from hearing a dispute, if necessary avoid duplicative litigation.  As relied upon in Wagner:

The Supreme Court in Colorado River identified four factors to consider in determining whether the doctrine should be invoked. “These four factors are: (1) whether the state or federal court first assumed jurisdiction over the same res; (2) the inconvenience of the federal forum; (3) the desirability of avoiding piecemeal litigation; and (4) the order in which jurisdiction was obtained by the concurrent forums.”

In rejecting the application of the Colorado River abstention doctrine, the Court explained as follows:

The Court agrees with Wagner that the Colorado River Doctrine is inapplicable. There is no duplicative or parallel litigation because the state court does not have custody of the interpled insurance proceeds. However, even if the doctrine were applicable, after considering the foregoing factors, the Court concludes that abstention is not warranted. The state court does not have jurisdiction over the insurance proceeds. There has been no satisfactory showing that the federal forum is inconvenient or that hearing this interpleader action and accompanying cross-claim will result in piecemeal litigation. The state probate action seeking appointment of a special administrator and this interpleader action are not concurrent cases and the order of when jurisdiction was obtained is not determinative. The Court acknowledges that Utah law will be referenced in determining the rights of the parties. This lone factor, however, does not warrant the Court’s abstention from hearing this matter. The final consideration is not determinative because, as Wagner notes, her rights would only be protected in the state court proceedings if the state court had custody over the interpled funds, which it does not.

Jeffrey Skatoff is a Florida attorney.  He handles inheritance disputes throughout the State of Florida, in both Federal and State courts.  He can be reached at (561) 842-4868.

From Ken Ditkowsky–Jerome Larkin, Illinois lawyers demand Hands Off our blogs!

Subject: You could do the right thing if you wanted? You wrongfully took JoAnne Denison’s license – it should be restored instanter! How could an Honest investigation hurt you, if you actually did nothing wrong?
Date: Aug 1, 2016 12:15 PM
Mr. Larkin – I want to know that – as I promised during the Kangarooo hearing that you had for me, I promised you that I would continue to call for an HONEST INVESTIGATION until we got an HONEST COMPREHENSIVE INVESTIGATION.    At this point in time I imagine that you have gotten the idea that the ELDER CLEANSING SCANDAL is not going to be swept under the rug and every miscreant who has participated in harming the elderly victims or has covered up for the miscreants who have harmed these innocent victims is going the face the BAR OF JUSTICE.    
So that you cannot deny receiving today’s e-mail I am sending it to you directly.
The silence of Jerome Larkin, the Illinois Attorney Registration and Disciplinary commission, the Illinois Supreme Court, the American Bar Association, the Illinois Bar Association, et al is amazing.    How does this happen when the legal profession is under attack?      When Attorney JoAnne Denison is suspended from the practice of law for operating a blog — an act encouraged by 47 USCA 230 and protected by the First Amendment and Article 1 of the Illinois Constitution of 1970 — by the Supreme Court of Illinois we have a crisis at hand.     Each Justice of the Supreme Court of Illinois has taken an oath to uphold the Constitution and we now have evidence that no one of the Honorable Judges takes his/her oath seriously.
Just as seriously that organizations funded by the legal profession and seek to speak for the 2nd oldest profession are silenced or worse.     This scenario is not the run of the mill dispute over whether hearsay evidence is competent or not, it is an election and a declaration – does the legal profession take its responsibilities seriously and does it believe in the Constitution?      We know that Jerome Larkin and the Illinois Attorney Registration and Disciplinary Commission lack respect for the Rule of law and even though Larkin teaches ethics he and his organization are demonstrating to the public that the Rule of Law means nothing to them.    Indeed, in their most recent documents filed in the Denison case they totally misrepresented the rulings in the SCOTUS Alvarez case, and the Carter case.     In Alvarez the went so far as to reject the actual ruling of the SCOTUS and represent the ruling to be one of the rejected arguments.    To make matters worse they equated the MaryGSykes blog  (a blog that discloses judicial corruption in Guardianship cases) as akin to yelling fire in a crowded theater.
The elder cleansing scandal (i.e. the isolation of seniors so that they can be abused, exploited, robbed of their dignity, and assets before being murdered) has reach the unacceptable proportions.    We’ve asked for an HONEST INVESTIGATION.    So offensive is the request for an HONEST INVESTIGATION that the retribution has found its way toward  Attorney Denison, to me, and all the victims and their families.     Daily I write these e-mails in the hope of securing that HONEST INVESTIGATION, but  *******.
The lack of action by the 2nd oldest profession to stand up for the Core values of America is an indictment of profession.     The fact that Jerome Larkin can ignored the law openly and notoriously is an indictment of the profession and the Illinois Supreme Court.     In his latest filings = in addition to the outrage of trashing the First Amendment =  Larkin has demonstrated that he and his organization have no moral compass and his teaching ethics to lawyers is oxymoronic and an advertisement to the public that the legal profession lacks any pride in itself.     Larkin admits that he ignored Illinois Professional statutes dictates and engaged unlicensed professionals.      Of course the law as written by the legislature does not apply to him, and even though section 13 of the court reporter licensing act prohibits payment to unlicensed court reporters, LARKIN breached his public trust and misappropriate undisclosed funds of tens of thousands of dollars to allegedly pay these unlicensed people.     Of course, the theft of public funds by his majesty Jerome Larkin is not prosecuted or even sanctioned by the Supreme Court of Illinois –  no reasonable prosecutor would prosecute such an esteemed member of the judicial elite such as Jerome Larkin.     (Larkin filed a bill of costs ex-parte with the Supreme Court admitting his contempt for the Law, the legislature of Illinois, the Supreme Court of Illinois and the great unwashed!)
If you’ve noticed – LARKIN does not deny the accusations of tampering with evidence, wired proceedings, fraud, deceit, theft *****.      In law the lack of a denial is considered to be an admission.
We know that the FBI, IRS, Postal inspectors and the Justice Department are still out there.   The Wall Street Journal reported:   Fraud investigation ricochets through hedge fund known for ties to Jewish community
http://on.wsj.com/2avC7fe
We know the Justice Department is not spending all its time investigating whether or not the Russians hacked the DNC *****.   The Wall Street Journal reported:   Justice Department charges three in $1 billion Medicare fraud scheme   
http://on.wsj.com/2avUot2
Why is there no interest by the government is prosecuting the criminals that prey on the elderly and the disabled with the aid of corrupt judges?    (On page 91 of her evidence deposition taken by Jerome Larkin, the Honorable Maureen E Connors admitted to being wired! – yet, that Honest Investigation that we’ve called for has never taken place!)       An less than 100 days an election is going to take place – why bother waste the money of an election if we have surrendered to our own North Korean dictators!

From Ken Ditkowsky–how long can we tolerate the “cover up” system of Illinois Politicos?

Subject: Re: Take a look at today’s NASGA blog
Date: Aug 1, 2016 12:03 PM
 The silence of Jerome Larkin, the Illinois Attorney Registration and Disciplinary commission, the Illinois Supreme Court, the American Bar Association, the Illinois Bar Association, et al is amazing.    How does this happen when the legal profession is under attack?      When Attorney JoAnne Denison is suspended from the practice of law for operating a blog = an act encouraged by 47 USCA 230 and protected by the First Amendment and Article 1 of the Illinois Constitution of 1970 = by the Supreme Court of Illinois we have a crisis at hand.     Each Justice of the Supreme Court of Illinois has taken an oath to uphold the Constitution and we now have evidence that no one of the Honorable Judges takes his/her oath seriously.
Just as seriously that organizations funded by the legal profession and seek to speak for the 2nd oldest profession are silenced or worse.     This scenario is not the run of the mill dispute over whether hearsay evidence is competent or not, it is an election and a declaration – does the legal profession take its responsibilities seriously and does it believe in the Constitution?      We know that Jerome Larkin and the Illinois Attorney Registration and Disciplinary Commission lack respect for the Rule of law and even though Larkin teaches ethics he and his organization are demonstrating to the public that the Rule of Law means nothing to them.    Indeed, in their most recent documents filed in the Denison case they totally misrepresented the rulings in the SCOTUS Alvarez case, and the Carter case.     In Alvarez the went so far as to reject the actual ruling of the SCOTUS and represent the ruling to be one of the rejected arguments.    To make matters worse they equated the MaryGSykes blog  (a blog that discloses judicial corruption in Guardianship cases) as akin to yelling fire in a crowded theater.
The elder cleansing scandal (i.e. the isolation of seniors so that they can be abused, exploited, robbed of their dignity, and assets before being murdered) has reach the unacceptable proportions.    We’ve asked for an HONEST INVESTIGATION.    So offensive is the request for an HONEST INVESTIGATION that the retribution has found its way toward  Attorney Denison, to me, and all the victims and their families.     Daily I write these e-mails in the hope of securing that HONEST INVESTIGATION, but  *******.
The lack of action by the 2nd oldest profession to stand up for the Core values of America is an indictment of profession.     The fact that Jerome Larkin can ignored the law openly and notoriously is an indictment of the profession and the Illinois Supreme Court.     In his latest filings = in addition to the outrage of trashing the First Amendment =  Larkin has demonstrated that he and his organization have no moral compass and his teaching ethics to lawyers is oxymoronic and an advertisement to the public that the legal profession lacks any pride in itself.     Larkin admits that he ignored Illinois Professional statutes dictates and engaged unlicensed professionals.      Of course the law as written by the legislature does not apply to him, and even though section 13 of the court reporter licensing act prohibits payment to unlicensed court reporters, LARKIN breached his public trust and misappropriate undisclosed funds of tens of thousands of dollars to allegedly pay these unlicensed people.     Of course, the theft of public funds by his majesty Jerome Larkin is not prosecuted or even sanctioned by the Supreme Court of Illinois –  no reasonable prosecutor would prosecute such an esteemed member of the judicial elite such as Jerome Larkin.     (Larkin filed a bill of costs ex-parte with the Supreme Court admitting his contempt for the Law, the legislature of Illinois, the Supreme Court of Illinois and the great unwashed!)
If you’ve noticed – LARKIN does not deny the accusations of tampering with evidence, wired proceedings, fraud, deceit, theft *****.      In law the lack of a denial is considered to be an admission.
We know that the FBI, IRS, Postal inspectors and the Justice Department are still out there.   The Wall Street Journal reported:   Fraud investigation ricochets through hedge fund known for ties to Jewish community
http://on.wsj.com/2avC7fe
We know the Justice Department is not spending all its time investigating whether or not the Russians hacked the DNC *****.   The Wall Street Journal reported:   Justice Department charges three in $1 billion Medicare fraud scheme   
http://on.wsj.com/2avUot2
Why is there no interest by the government is prosecuting the criminals that prey on the elderly and the disabled with the aid of corrupt judges?    (On page 91 of her evidence deposition taken by Jerome Larkin, the Honorable Maureen E Connors admitted to being wired! – yet, that Honest Investigation that we’ve called for has never taken place!)       An less than 100 days an election is going to take place – why bother waste the money of an election if we have surrendered to our own North Korean dictators!

From Columbia Free Press: How much can we tolerate forced drugging?

From Probate Sharks–Who is protecting Miriam Solotevich?

Barzilai, Why didn’t Miriam Solo and her siblings advise the Florida Probate Court that they had a brother, Mordecai Faskowitz?


Editor’s note: If one reads the obit of Marjorie G. Ivy’s sister, one realizes that there is a huge extended Ivy Family residing in Indiana. From the many swirls in the Shark Pool, we know that lots of Ivy’s are presently reading this blog. 

If, in essence,  Mordy’s siblings owe Mordy a large sum of money, it is apparent that there are laws governing victim’s and victim’s families’ rights to be monetarily reimbursed. Mordy may be a solvent individual.  Your ProbateShark suggests that the Ivys or the Ivy’s attorneys  contact the Illinois States’ Attorneys office to explore these possibilities.  Lucius Verenus, Schoolmaster, ProbateSharks.com


Barzilai, Why didn’t Miriam Solo and her siblings advise the Florida Probate Court that they had a brother, Mordecai Faskowitz? 


Barzilai, Why didn’t Miriam stop at Zach Fardon’s office and confess while she was at the Federal Building Tuesday?

Barzilai, Why didn’t Miriam  stop at Zach Fardon’s office and confess while she was at the Federal Building Tuesday? Hundreds of ProbateSharks.com viewers are watching and wondering.  LV

P.S. Your ProbateShark was just informed that Miriam was ordered to be in Federal Court Thursday A.M….so she could easily run upstairs to Zach’s office and cleanse her soul…

What boggles this fish brain is that even though we know the “authorities” read this blog and it is self evident that Miriam excluded her disabled brother, Mordecai Faskowitz from his inheritance, nothing is being done to punish her. Why? Why is she being protected? Could it be that Miriam has connections to high offices? Lucius Verenus, Schoolmaster,  ProbateSharks.com

Barzilai’s clipping.

From Joanne:
I am still trying to figure out why there is a Chicago media black out on how poor 99 year old Alice Gore had 29 gold teeth pulled from her head, a feeding tube installed against her will, placement in a nursing home against her will (she wanted to live with her daughter Bev Cooper) and her estate was missing $1.5 million documented.  She was isolated from 20+ family and friends for over 10 months.  No one could see or talk to her.
Note the Complete Suntimes/Tribune media blackout on this amazing case.  I have all the records, why are these reporters so shy.  The cases involve a million or more, for sure this is big news, but somehow, in Chicago, this is all passed over.
No wonder why no one wants to buy mega media any longer with the internet.  The internet is organic and this news eventually reaches everyone anyway.  The real problem, though is that we eventually end up with a complete distrust of mega media in the end.
Next, you can couple that with a distrust of our authorities.  Jerome Larkin (head Administrator of the Ill. Atty. Regn and Disciplinary Comm) knew of repeated complaints and did nothing.  He did nothing about a similarly egregious case, Mary G Sykes, who was isolated, there was no jurisdiction, no service of summons, complaint, notice to next of kin, POA’s were terminated without due process and ignored, $1 million in gold coins disappeared an all discovery quashed. Then, after 5 years and plenty of warning, perhaps over one thousand by myself and Ken Ditkowsky–she was eventually murdered and narcotized to death.  None of the lawyers (Peter Schmeidel, Adam Stern, Cynthia Farenga, Debra Jo Soehlig were even investigated, nor were the judges–Judge Connors and Judge Stuart, though Judge Stuart would later resign after she lied on the stand at my trial about chaining poor Gloria Sykes, a protective daughter, in her ante room and having her deputies threaten her with euthanizing her pets.)
All of this has been published on this blog.  Numerous complaints have been filed.
But what do the authorities do? They have Jerome Larkin come after myself and Ken and charge us with lying about the Mary Sykes case which is preposterous. There  are about half dozen or more witnesses the blog is correct about the case and it warned they would kill off poor Mary in the end.   So what does Jerome Larkin, Sharon Opryszek and Melissa Smart do?  They strike my expert witnesses, my family witnesses, they ignore the testimony of Kathie Bakken and her mother Yolanda, and say that this blog lies when everyone else in their right mind knows it does not.
Jerome Larkin uses Rule 8.3 unconstitutionally as a sword to say that the blog lied when in fact he knows it to be the truth, he refuses consistently to investigate with probate cases because these people are old and infirm and he knows they will be eliminated as witnesses in the end.
It’s all so sad and disgusting, I don’t know when to begin.
But everyone involved that does not care and does not work to fix this horrific system should have a  PET brain scan for psychopathy.  Psychopathy is now estimated to be the biggest threat to health, welfare and safety, they now have a PET  brain scan for it and we have to act to contain these people.  Judges and lawyers have a very high rate of psychopathy and I think we are seeing that in the courtroom now.  I have published my scores on my facebook account, I would like to see the scores of the rest of the attorneys out there.  Why are I and Ken and Candice Schwager the only attorneys fighting this?  Why is Jill Soderman one of the few PsyhD’s willing to help us all out. Where are the rest fighting all of this?
JoAnne