NOW Pre Order Galley Copies of Theresa Tozzo Lyle’s Book 65 Minutes, a tale of Murder and Torture in Guardianship

Pre sales Galley copies are $25 each and you can text a check to 773-255-7608, or fax a check to 312-553-1300 or email one to or use Facebook debit card transfer to my Facebook Account.

All books signed by one of the authors and inscribed with a blessing.

Teresa’s story is about how she tried to lovingly care for her mother while the probate vultures churned the bills and drained her mother’s estate. Her mother wanted to live at home with Teresa in her final years, but the guardianship court in Florida prohibited it, and nasty, evil Guardians took over her life and her mother’s life.

The book contains pictures of her mother bruised and tortured until the end.

If you have relatives that don’t believe you when they say the guardianship court is just in it for the money and professional guardians are nothing but evil, this is the book for you.

The book will soon be out on Lulu, Amazon and Barnes and Noble, but let me order an advance, numbered copy signed by the author for you now.

We need more of these books and not less. Contact me if you would like to have me help you write a book on your corrupt case and let’s get the word out about guardianship and other corrupt areas of the court system which should be open, transparent and democratic.


From Facebook – FBI resecures 168 children and arrests 300 pimps for human trafficking in Missouri

FBI operation rescues 168 children from sex trafficking, puts nearly 300 pimps behind bars

KANSAS CITY, Mo. — A crackdown on child sex trafficking hits close to home. The FBI in Kansas City revealed the results of an investigation Monday, noting that nationwide 50 percent more kids were rescued this year than last.

But authorities say the work to end trafficking is far from over. Often times people think of sex trafficking as a foreign issue, but those in the know say it happens in your own backyard more than you think.

One of the girls picked up in this sweep was picked up right here in Kansas City. Nationally, hundreds of law enforcement agencies participated, resulting in 168 children being recovered and nearly 300 pimps getting arrested.

Another victim was also picked up in Wichita and seven pimps from the region were arrested. The Justice Project assisted with the operation and received the rescued girls.

“We’ve got folks here that have been where you have been. We know what it’s like to suffer from all of these things,” said Justice Project executive director Kris Wade.

“A lot of these children come from areas where they’re just not secure about their surroundings. They feel like they’re not belonging to something,” said FBI special agent in charge Michael Kaste.

Authorities don’t know how many more kids could be in peril. That’s why the community is asked to be vigilant. To know what to look out for, click on these links:

FBI on human trafficking

Hiding in Plain Sight

The Justice Project KC

From Joanne:

We know there are building in Chicago that house human trafficked women and the city does nothing about it. Lawyers do nothing about it. The authorities do nothing about it.

These women are not criminals, but they are victims of human trafficking.

If you know of a place in Chicago where this is happening, let me know and I will report it, again and again and again.

Lawyers know of it, but the ARDC does nothing.

This is a terrible human tragedy that must be reported and stopped.


From Karen Federighi–Day 265 in Guardianship, but more competent than those in the courtroom

Karen Federighi is a 57 year old woman, she is not incapacitated but was forced into an abusive and fraudulent guardianship by her miscreant sisters. She wants her freedom back that was taken away. Her unscrupulous guardian is in control of Karen’s money and life. Her guardian is also a felon! How can a felon control someone’s life when they couldn’t even control their own life.

here is the facebook link to her recent video showing that she is competent:


Day 275: The magistrate, every judge, the lawyers, and my formerly incarcerated guardian here in Collier County, FL simply ignores the law, the US Constitution, and Bill of Rights. No fact checking whatsoever. Decisions based on heresay alone. For 275 days, I have been illegally stripped of all of my civil rights in a 100% illegal, fraudulent, abusive, neglectful, and exploitative probate guardianship. Praying for pmy total freedom and all of my civil rights to be restored. But how? How am I to get free when everyone I have dealt in the court system has no morals, ethics, or conscience?

A new update:

Day 276: Wards of all ages in abusive probate guardianships are denied a healthy diet and often suffer from malnutrition and significant weight loss. From 01/22/16-03/23/16, I had to pawn my possessions for food. From 03/23/16-present, 2 of every 3 of my meals consist of the hotel’s free breakfast, which is great if one is on a vacation and has no dietary restrictions. So, I treat myself to one healthy meal per day. Today, I made pineapple and sweet potato latkes with avocado for dinner. Today, my abusive guardian refused to give me my own money to buy more food. Have to stretch the $7 I have left. Thankful I get to eat this meal while watching the World Series. Go Cubs!

From Joanne;

The video clearly shows that Karen is the victim of a false and abusive guardianship. The guardian in the photo does not care. She is clearly subject to 18 USC sec 4 for failure to report a felony to the authorities.

Karen will have to keep on contacting the FBI and all state authorities. She has been advised to call each day, every day until these false, fraudulent and abusive guardianships end.

And it’s not like we don’t have those problems in Illinois. Jerome Larkin, Administrator and head of the ARDC in Illinois ignores all complaints about attorneys that abuse and fleece the elderly on a daily basis: 99 year old Alice Gore, 29 gold teeth pulled, $1.5 million missing from her estate and the ARDC dismissed all valid complaints and then she was narcotized to death;  Mary G Sykes, 94 years old, $1 million in gold coins missing from the estate, no accounting on the trust or sale of the home, court held proceedings for 5 years without jurisdiction, complaints filed with the ARDC against attorney and all ignored, EXCEPT the ARDC went after honest attorneys that complained–myself and Ken  Then Mary Sykes was narcotized to death.  No investigation despite demands and clear knowledge of the facts.  All discovery of these corrupt, clouted cases quashed.  Ditkowsky and we both received lengthy suspensions for reporting felonies of 3 and 4 years, Alan Frake, drugged with psychotropic drugs and placed in a nursing home against his will, he is in grave danger and all ARDC complaints dismissed.

Illinois is said to be no. 1 in corruption, and with the 20+ videos of innocent unarmed black gunned down in cold blood for no reason at all on the South Side and these videos suppressed for months by the Mayor and the City Attorneys, you can see where the public stands in Illinois. The JIB or Judicial Inquiry Board dismisses valid complaints. The ARDC/Jermone Larkin dismisses valid complaints and does not care. Where are the investigations? The Discovery?  The depositions of the miscreants?  No where to be found in Illinois. Support cleaning up this mess.  Demand Accountability.  Get rid of the psychopaths they have placed at the heads of these agencies.

Do you see anything of accountability on the ARDC website or the JIB website?

The ARDC does not file its mandatory  Ethics Reports.  Many have questionable property records where one person takes out a loan and the other pays it off.  Judges, lawyers and other politicians all have this problem.  We must have outrage and make demands on our public officials, starting with the JIB and ARDC who license and fester crooked, corrupt lawyers and judges. Time to end all of that.  Time to take action.


From the ACLU–Protesters take note of limitations

Today floating around in the chat groups online seems to be some suggestions we should protest in front of the judge’s homes.

Personally, I think if you want to protest against judges you think are crooked or make the wrong decisions contrary to law, the best place is right outside the courthouse or online under the judge’s names and tag their posts with your specific complaints.

But just so everyone knows, apparently Illinois has decided it’s necessary to tailor and regulate the First Amendment right to protest.

From the ACLU:

III. C. Targeted sidewalk protests

Protesters often seek to demonstrate on sidewalks abutting a building that contains an audience that would prefer not to hear the protesters’ message. For example, a labor union might picket a worksite that uses allegedly unfair labor practices, or a citizen group might distribute leaflets critical of an elected official in front of that official’s office. Courts have held that the First Amendment protects sidewalk protests targeted at courts, health care facilities, schools, and churches. While a Chicago ordinance prohibits certain protests targeted at churches, the City in 2011 announced it would not be enforcing the policy.

The First Amendment has been interpreted to not protect sidewalk protests targeted at particular homes. An Illinois statute prohibits such targeted residential picketing. However, the First Amendment does protect marches through residential areas that don’t target a particular home.

Further, an Illinois statute prohibits fighting words within 300 feet and 30 minutes of a funeral. Police have enforced this statute against the inflammatory signs of the Westboro Baptist Church (displaying messages such as “thank God for IEDs”) on sidewalks across the street from military funerals. This is not a proper application of the fighting words doctrine, given the unlikelihood of fisticuffs between people across the street from each other. Police probably would not enforce this statute against less inflammatory funeral protests.

Within 50 feet of the entry of a health care facility, a Chicago ordinance bars protesters from approaching within eight feet of another person for the purpose of passing a leaflet, displaying a sign, or engaging in oral protest, education, or counseling. This ordinance is modeled on a Colorado statute that was upheld by the U.S. Supreme Court. These laws typically are enacted in response to anti-abortion protesters, but they limit all manner of messages and messengers near health care facilities. These laws make it difficult to distribute leaflets, and are unnecessary in light of other laws that prohibit blockades, harassment, and the like. These laws do not impact the many forms of protest that do not involve approaching other persons, such as signs, speeches, and press conferences.

I’m not sure an outside the home protest would work.  Most people care more about their email friends from 3,000 miles around the globe than their next door neighbors and those on facebook than anything else nowadays, but you never know what people are thinking.


Jill Jones Soderman makes a statement about a con artist who engages in blackmail, a warning about Christine Sirgent

Okay, we all know that they are out there, you know the type, the claimed “victim” that comes to you begging for help but is nothing but trouble themselves.

This blog gets rid of trouble makers by requiring they upload numerous pleadings and we confirm our sources.  However, that was not the case for one activist Jill Jones Soderman and a crazed couple that visited her office looking for help.

First the defamatory post:

Now Ms. Soderman’s response


Christine Sirgent contacted staff of the FCVFC after a brief discussion with me resulted in a denial of engagement of the FCVFC with her BF. The contact took place in April, 2014.

Christine Sirgent’s BF seemed to have been engaged in a long standing, high conflict divorce. I declined taking on the case after a brief phone consultation with him.

Christine Sirgent and her BF called my office, engaged sympathetic staff who persuaded me to provide them with a consultation for the BF. (April, 2014)

I received a carton of court documents related to the divorce of the BF of Christine Sirgent with a check for $1,500. I agreed to review documents, provide a consultation. I did not agree to any further involvement with them beyond that commitment.

I received a fee of $1,500. to provide a consultation based on the papers and one phone consultation with the BF. I agreed to speak with the client individually and jointly by phone to discuss the case status on one occasion. The period of time for phone contact is limited to 1 ½ hours on one occasion.

The office of the FCVFC is in Manhattan at 275 Madison Ave., New York, New York 10016.

The New Jersey Office for the FCVFC is the Child Forensic Safety Center, a private Safe House used for the protection of children and adult victims of Violence. (see attached incorporation documents). The clients dropped off a carton of papers for review at the New Jersey office where they were seen for a few minutes as I opened the box to briefly review the papers.

Services provided by the FCVFC are noted in papers and description attached.

The FCVFC NEVER provides legal representation for clients in high conflict custody cases. Ms. Sirgent was never introduced to an attorney as part of my consultation with her BF.

All of the rambling commentary described by Ms. Sirgent in her web site is thoroughly and completely incomprehensible

No letter was ever prepared or sent to a judge on behalf of for Ms. Sirgent’s BF.

I am aware of a letter having been sent to a judge dealing with Ms. Sirgent’s BF because the judge’s clerk called me to ask if the BF was a client of the FCVFC as she thought he was using the name of the FCVFC falsely and she intended to put him in jail. I dissuaded the court clerk from seeking jail time for the BF.

After the call from the Judge, I contacted Ms. Sirgent and told her that I was terminating all contact with her and her BF and would never agree to any further contact / work with them via the FCVFC.
I kept the BF from being jailed because of false representation of engagement with the FCVFC and intended to have no further dealings with either of them.

Following that interaction I continued to receive an incessant barrage of threatening letters and e mails from Ms. Sirgent and her BF. The e mails were referred to junk mail. Phone calls were never accepted.

I became aware of Ms. Sirgent through her web site when it appeared on Google defaming me.

I sought consultation with numerous attorney and was constantly told that there was nothing that I could with regard to having Ms. Sirgent take down her web site.
As far as I knew, the BF was homeless, had absolutely no funds.

Ms. Sirgent was unemployed, but I had no address for her and she was not the intended client.

I have ignored Ms. Sirgent and her BF, responding to their defamatory, libelous, false communications by publishing about them in the USWhistleblower – the on line press for the



Jill Jones Soderman makes a statement about a con artist who engages in blackmail, a warning about Christine Sirgent

Okay, we all know that they are out there, you know the type, the claimed “victim” that comes to you begging for help but is nothing but trouble themselves.

This blog gets rid of trouble makers by requiring they upload numerous pleadings and we confirm our sources.  However, that was not the case for one activist Jill Jones Soderman and a crazed couple that visited her office looking for help.

First the defamatory post:

Now Ms. Soderman’s response

Christine Sirgent contacted staff of the FCVFC after a brief discussion with me resulted in a denial of engagement of the FCVFC with her BF. The contact took place in April, 2014.

Christine Sirgent’s BF seemed to have been engaged in a long standing, high conflict divorce. I declined taking on the case after a brief phone consultation with him.

Christine Sirgent and her BF called my office, engaged sympathetic staff…

View original post 545 more words

Jill Jones Soderman makes a statement about a con artist who engages in blackmail, a warning about Christine Sirgent

Okay, we all know that they are out there, you know the type, the claimed “victim” that comes to you begging for help but is nothing but trouble themselves.

This blog gets rid of trouble makers by requiring they upload numerous pleadings and we confirm our sources.  However, that was not the case for one activist Jill Jones Soderman and a crazed couple that visited her office looking for help.

First the defamatory post:

Now Ms. Soderman’s response


Christine Sirgent contacted staff of the FCVFC after a brief discussion with me resulted in a denial of engagement of the FCVFC with her BF. The contact took place in April, 2014.

Christine Sirgent’s BF seemed to have been engaged in a long standing, high conflict divorce. I declined taking on the case after a brief phone consultation with him.

Christine Sirgent and her BF called my office, engaged sympathetic staff who persuaded me to provide them with a consultation for the BF. (April, 2014)

I received a carton of court documents related to the divorce of the BF of Christine Sirgent with a check for $1,500. I agreed to review documents, provide a consultation. I did not agree to any further involvement with them beyond that commitment.

I received a fee of $1,500. to provide a consultation based on the papers and one phone consultation with the BF. I agreed to speak with the client individually and jointly by phone to discuss the case status on one occasion. The period of time for phone contact is limited to 1 ½ hours on one occasion.

The office of the FCVFC is in Manhattan at 275 Madison Ave., New York, New York 10016.

The New Jersey Office for the FCVFC is the Child Forensic Safety Center, a private Safe House used for the protection of children and adult victims of Violence. (see attached incorporation documents). The clients dropped off a carton of papers for review at the New Jersey office where they were seen for a few minutes as I opened the box to briefly review the papers.

Services provided by the FCVFC are noted in papers and description attached.

The FCVFC NEVER provides legal representation for clients in high conflict custody cases. Ms. Sirgent was never introduced to an attorney as part of my consultation with her BF.

All of the rambling commentary described by Ms. Sirgent in her web site is thoroughly and completely incomprehensible

No letter was ever prepared or sent to a judge on behalf of for Ms. Sirgent’s BF.

I am aware of a letter having been sent to a judge dealing with Ms. Sirgent’s BF because the judge’s clerk called me to ask if the BF was a client of the FCVFC as she thought he was using the name of the FCVFC falsely and she intended to put him in jail. I dissuaded the court clerk from seeking jail time for the BF.

After the call from the Judge, I contacted Ms. Sirgent and told her that I was terminating all contact with her and her BF and would never agree to any further contact / work with them via the FCVFC.
I kept the BF from being jailed because of false representation of engagement with the FCVFC and intended to have no further dealings with either of them.

Following that interaction I continued to receive an incessant barrage of threatening letters and e mails from Ms. Sirgent and her BF. The e mails were referred to junk mail. Phone calls were never accepted.

I became aware of Ms. Sirgent through her web site when it appeared on Google defaming me.

I sought consultation with numerous attorney and was constantly told that there was nothing that I could with regard to having Ms. Sirgent take down her web site.
As far as I knew, the BF was homeless, had absolutely no funds.

Ms. Sirgent was unemployed, but I had no address for her and she was not the intended client.

I have ignored Ms. Sirgent and her BF, responding to their defamatory, libelous, false communications by publishing about them in the USWhistleblower – the on line press for the FCVFC.

From the Washington Times–Assisted Suicide Law prompts insurer to deny coverage for chemo and offer suicide pills instead for $1.20

The Washington Times reported that the California Assisted-suicide law prompted an insurance company to deny coverage to a terminally ill California woman.

Bradford Richardson, from theWashington Times reported that Stephanie Packer, a wife and mother of four who was diagnosed with a terminal form of scleroderma, said that her insurance company initially indicated it would pay for her to switch to a different chemotherapy drug based on the recommendation of her doctors but shortly after the California assisted suicide law went into effect, her insurance company denied her treatment.

Richardson reported Packer as saying:

“And when the law was passed, it was a week later I received a letter in the mail saying they were going to deny coverage for the chemotherapy that we were asking for,”

She said she called her insurance company to find out why her coverage had been denied. On the call, she also asked whether suicide pills were covered under her plan.

“And she says, ‘Yes, we do provide that to our patients, and you would only have to pay $1.20 for the medication,’”Mrs. Packer said.

Stephanie Packer believes that legalizing assisted suicide creates an incentive for insurance companies to deny terminally ill people coverage. Packer stated:

“As soon as this law was passed — and you see it everywhere, when these laws are passed — patients fighting for a longer life end up getting denied treatment, because this will always be the cheapest option,”

The attitude also changed in her support group:

After the right-to-die movement began garnering national attention, Mrs. Packer said she noticed a change in tone at her support groups for terminally ill patients. While the meetings were formerly positive and encouraging, she said the specter of suicide now hangs above them like a dark cloud.

“And people, once they became depressed, it became negative, and it started consuming people,” she said in the video. “And then they said, ‘You know what? I wish I could just end it.’ “

Stephanie Parker is not the first person to be denied chemotherapy but offered assisted suicide. Several years ago Barbara Wagner and Randy Stroup, in Oregon, were denied medical treatment but offered assisted suicide.

Full Article & Source:
Assisted-suicide law prompts insurance company to deny coverage to terminally ill California woman

From Joanne;

And here in Illinois we see Esformes steal $1 billion from health care in Florida, Seth Gillmal steals $100 million from hospice, Obama care premiums are near unaffordable, and the insurance company answer is–here, we’ll send you a suicide pill for $1.20.

People are not dogs, horses and cats to be put down when they become expensive.

Try a GoFund me for a pet and it will often gather many times the vet bill, but Grandma and nursing homes and health care are pretty much ignored.

The solution from the ARDC is to protect clout receiving millions of dollars until clout turns to the feds (Gillman case) and we don’t see the FBI (yet) going after the billions Esformes stole in other states from medicare/medicaid/state health care funds.

The ARDC needs to file their Ethics Reports under the 2009 state law.  The FBI should be pulling their bank records and looking for bribes.

Same with many state court judges with questionable property records, homes all over the US and in foreign countries. These issues need to be exposed and dealt with.

And can anyone explain why you need to give the DNC chair $150k to get on the ballot for a judgeship in Illinois?

All the old people in nursing homes don’t want to be drugged and they want to go home or live with a relative. Which states attorney is brave enough to investigate those cases?

Ken and I sure want to know?

Also,  where are their votes going in a few weeks when most are heavily drugged with illegal prescription drugs and propped up in front  of a TV all day?

Who is profiting from this?  Where is the money trail?


From Ken Ditkowsky on the need for more courtwatchers

A few years ago here in Illinois the League of Woman Voters sent their members out to be ‘court watchers.’   The Court watchers reported some of the outrageous actions that were evident is some of the Courts.   The constant pressure brought a measure of reform that has since dissipated.     
The Court watcher makes the Court proceeding more open and does create a small deterrent.    Criminal prosecutions of really corrupt judicial officials is more difficult as the Judges are part of a corrupt system that protects its own; however, it is possible when particular judges are targeted.    The removal of corrupt judges is also possible if enough of a hue and cry is raised; however, the pressure has to be kept up and be unrelenting.   
To become a Judge in Cook County, the Chicago Tribune reported that a ‘cash payment’ has to be made to a Democratic operative.    The Tribune reported the cash payment as $50,000.00, however, during the last election cycle it was reported to me that the payment had been increased to $150,000 for a State Court Judgeship and about a 1/4 of million for a Federal position.   This payment is illegal.   Obviously the Democratic Party officials are not going to allow a prosecution of the culprits and are going to allow the candidate to recoup his investment through some extra-circular remunerations.   Eliminating the crooks who are part of the Criminal Establishment is not in cards.
However – the State of Illinois is on the verge of Bankruptcy.   The extra-circular income (booty) that the Judge earns – directly or indirectly is taxable income at both the State and the Federal Income.  Pursuant to 18 USCA 371 every one who aids and abets the criminal activity is a co-conspirator and liable criminally.    All we have to do is catch one of the miscreants and we put a dent in the system.    Conspirators as a matter of law are liable jointly and severally –  This means when Jerome Larkin acts to protect the corrupt Judge, Larkin has joint and several liability with the ‘bent’ jurist!    This liability is for taxes, interest and penalties.
JoAnne Denison, who is copied on this e-mail can tell you were to find a proper form so that you and all who desire can report to the IRS the illegal remuneration of the jurist targeted.   Naming the co-conspirators – i.e. the lawyers, clerks, et al that aid and abet the criminal conduct also will put a dent into the scenario authored by the corrupt judge.   The IRS is reputed to investigate every charge made by citizens.
Al Capone got away with a cornucopia of felonies – the government’s need for money is the corrupt elitist’s Achilles heel.   The people who pay the remuneration (bribe) also receive a taxable benefit.   They also should be paying the taxes, interest and penalties.
NB.   So far here in Illinois we are batting zero, zero, zero on this tactic; however, I and others are pushing back every day.   I am confident that one day I will read about the Federal Agents who enforced the Rule of Law and took down another group of corrupt Illinois political operatives.       
For those of you that need the form for tax scoundrels (yes, we need the money for Obama care and college funds for students struggling under heavy student loan payments.  College, it turns out in Europe is much cheaper than the US or free and health care is also free–and much more cost effective than our US system which is run by the drug companies.
Why isn’t the FBI looking into mine and Lanre Amu’s case and Ken Ditkosky’s case saying we must not talk about corruption in Chicago. What is Madigan, Alvarez, Saltoun doing about the ARDC, what is the FBI doing about the ARDC?   How do thy excuse the fact it is $150k for a state judgeship now and $250k for a federal judgeship?  What about the state’s attorney who was found in a small rural community in central Illinois with $500k in her campaign fund. What was that for?
The FBI needs to start pulling bank records and deposit slips for certain attorneys, judges and the ARDC.
The Illinois Supreme Court has to tell the ARDC to file their Ethics Reports and comply with Illinois Law.  Both the FBI and the States Attorneys should demand this or prosecute.  Or the Illinois State Legislature better put some teeth in the 2009 Ethics Reporting act and let citizens sue and investigate themselves bank records and financial transactions.
Thanks Ken

From Ken Ditkowsky–on how the culture has changed and unethical attorneys are now protected for their clout

From: kenneth ditkowsky <>
Sent: Wednesday, October 19, 2016 11:29 AM

Everyone reads the news for his/her parochial perspective and thus in many situations it is easy to read that x plus y equals z and find more than one interpretation.    The problem that we face in today’s society is that the political and the judicial elite members of the “establishment” have determined that we (the great unwashed) are too stupid to understand the proposition aforesaid and thus have translated the proposition to a plus b equals c.     Thus, we have anomalies and outright assaults on the First Amendment.    These assaults are so commonplace that we are starting to get used to them.  We are starting to question what we originally were taught about the First Amendment and we are starting to think that only the elite have First Amendment rights and that agencies such as Madigan’s offices, the ARDC, the IDPFR and the OIG can tell citizens what they can say, or must refrain from saying about the performance of our government.  No they cannot.  Reread Citizen’s United  and not the part about how corporations have the same rights as citizens.  Read the parts about how the US govt and the State governments cannot tell US citizens what to say or not say.
The most prevalent and obnoxious assaults on the First Amendment that I have personally witnessed are those committed by Jerome Larkin as administrator of the Illinois Attorney Registration and Disciplinary Commission and as agent for the Supreme Court of Illinois.    Not only has Larkin openly and notoriously unashamedly abrogated the First Amendment and Article One of the Illinois Constitution of 1970 but he has been overtly frugal with the truth.      Few public officials have demonstrated the temerity and arrogance of Larkin and apparently gotten away with it.     The most recent example of this infamous conduct was the disciplinary proceedings involving attorney JoAnne Denison.     Therein Larkin not only distorted and misrepresented the holdings in SCOTUS cases, but told outright lies and went so far as to characterize a lawyer’s blog disclosing judicial corruption as being akin to “yelling fire in a crowded theater.”      In an honest judicial system, Larkin would be not only facing disbarment but the judicial system would find that his practicing law dangerous to the public and he would face an interim suspension [1].
Of course, here in Illinois disciplinary proceedings are reserved for attorneys who act in accordance with ABA Rule 8.3 and disclose corruption.     It is a matter of policy that Lawyers who steal from trust funds, from the public, or commit crimes are not a danger to the public in the eyes of the Attorney disciplinary commission (IARDC).      Their actions in support of the cancer of corruption that pollutes Illinois is rewarded; therefore Judges who subordinate perjury, commit perjury, and admit on page 91 of their evidence deposition to being ‘wired” or “fixed” are honored and recognized for their service in victimizing the elderly and the disabled.     HERE IN ILLINOIS, in particular, – equal treatment before the Law = has become the exception rather than the rule.      (Unfortunately, it is ditto for Florida, California, etc)    If you are a member of the ‘elite’ the law does not apply to you.
The generic problem has been revealed in recent revelations revealed in the documents disclosed concerning one of the presidential candidates.    These documents indicate that the candidate was deemed to be immune from the law.   The mishandling secret documents were given a pass, however, a sailor who took a selfie aboard a submarine was faced with jail because he might have revealed some secret.    The cover-up has National attention, but no consequences.      In a similar manner in Illinois, an attorney who stole millions in hospice funds and trust funds (Seth Gillman) was reluctantly prosecuted for the ethical violation after he pleaded guilty to the criminal action.    It is significant that no petition for interim suspension of his law license was applied by Jerome Larkin and his 18 USCA 371 after the plea of guilty.   However, immediately after it became public that Attorney Gillman was co-operating with the United States of America an application was filed and obtained for an interim suspension of his law license to protect the public [2].
Lanre Amu’s complaint pursuant to Rule 8.3 as to the misconduct of a sitting judge were echoed almost word for word by the respected Crain’s Chicago Business magazine.    The judge did not deny the allegations, however, Larkin and his 18 USCA 371 co-conspirators had no trouble = without a scintilla of evidence – in determining the Amu lied.     Amu’s license was suspended on an interim basis as his reporting corruption in the Courts was a danger to the public.    Ditto for JoAnne Denison.
Something is wrong with the picture and something has to happen to remediate it.    The political and the judicial elite have to be subject to the same rules and obligations as the rest of us.      Jerome Larkin and all the public officials who violate their public trust to create a dichotomy in law enforcement must be driven from public office.     No public official should be given a pass for conduct that another citizen goes to jail.     It may be politically incorrect to mention the cover up by the political establishment in covering up that disclosure that the wife of a public official converted a $1000 investment into a $100,000 cattle futures profit in a single year.    The revelation that such a return on capital was so improbable except for fraud did not motivate Law enforcement and in particular the  SEC to investigate the transaction –   Indeed the rule followed as that an elite member of the establishment was involved in the very suspicious transaction and thus the miscreant was given a pass.    It should be noted that in the very same news cycle it was reported that  a young lawyer bragged to his mother about a law firm assignment to work on a merger between two public corporations resulted in criminal prosecution.     The theft of a $1,000,000 in gold coins (see Gloria Sykes affidavit) by a Court appointed guardian was of course not to be investigated –members of the political and judicial elite were involved!     Censorship was imposed on those requesting an investigation and disclosing the theft!     The Era of cover-up has been broached and it is un-American to interfere.    Right is left, up is down, corruption is ethical, ****  This is the new gold standard that is being imposed on us.       Larkin in his ethics classes to lawyers teaches that Disciplinary proceedings are to be used to thwart any HONEST INVESITIGATION of crimes by the protected elite members of the establishment [3].
How does this all happen in the United States of America?    Complacency and tolerance of criminal behavior by the political and judicial elite of the establishment.     These elites use their public positions for their own personal National Socialist agendas and unless halted by us (the great unwashed) they will destroy the inheritance of our children and grandchildren.
The handwriting is on the wall.      Even a naïve and innocent soul such as yours truly can see it, thus the sophisticated souls who have been exposed to the facts of the Sykes and Gore cases should understand the danger instanter *****.
He failure to recognize  this problem normally can be dismissed as human vulnerability.    We all suffer from it; however,   ******
As a footnote, I have to admit that for many years (about four decades) I too swept the corruption I saw under the rug and refused to deal with it.      My rationalizations are irrelevant as I am as guilty as anyone could be in not wanting to get involved.    I rationalized that sometimes it was better to look the other way and get the hell out.    I explained by reciting the following events, to wit:
  Back in the 1980s my wife and traveled to England.    You have to travel with my wife to appreciate the absolute joy and pleasure you experience.    Back roads, interesting people and fun appear around every corner and no matter where you look  –   I tell people (quite sincerely) she can book you a tour in Hell and you will have more fun than you ever anticipated.   Thus, when she informed me that we were going to a something or other in Piccadilly Circus (London) I made no protest and actually looked forward to whatever was on the agenda.    It turned out to be a performance by TOM LEAR.      The program left my sides sore from laughing!    (one of his songs was “Killing pigeons in the Park”)      It was a treat.
On the way out of the theater we found ourselves in the bowels of Piccadilly in one of those never ending ques.    In the background, Judy heard singing.    She called my attention to it, and a few minutes later we wandered into pub filled with a score of jolly men about my size and weight all having a wonderful old time.    We were welcomes as if we were long lost cousins and it was not long before I and my new found companions were purchasing pints for each other and laughing.     My fraternity parties were sober affairs compared to this!    The party continued for some time before I noticed that the participants were gravitating to one side of the bar or the other.    My immediate companions were leading me to their side of the room.   It occurred to me that each group was part of a different regiment and my group was one man short and I was being recruited.    My size, and physical well -being were *****
It occurred to me that in the very near future there were going to be some unpleasantness and I was going to be right in the middle of it.    At that point in time, I wandered over to my wife, and hustled her to the door amidst her strong protest – “ they are not done singing yet!”     Indeed, I retorted – good thing!    The next morning, I read in the Times all about the ‘fight’ that we missed and how some Bobbies had been hospitalized with minor injuries trying to intervene.      Most of my ‘new found’ friends spent the night addressing the long arm of the law.    It seems that brawls in pubs were not particularly well received in London.    (None of us were part of the ‘elite!’
Fortunately, I had been aware of my surrounding and had the good sense to be the Hell out of there before the fight began.    Being arrested for public brawling in London was not on my agenda – it could have been and could have had some very unpleasant consequences.
 Ignoring the assaults on the 14th Amendment (equal protection of the law) and on the First Amendment can and will have much more than unpleasant circumstances.     It is distinguishable – we cannot afford to ignore it !      Ignoring it can be fatal!     This is not a parochial fight – it is a fight to preserve all that America stands for.

[1] It has been suggested that I have a personal vendetta concerning Mr. Larkin.    I wish it was that simple.   Anyone who examines the Illinois Court System and in particular the guardianship/elder cleansing scandal cannot help but be appalled.     Justice Jackson, as the presiding Justice of the Nazi infamy/War Crime trials could not get over the perniciousness of the National Socialists in categorizing and collecting the gold from the teeth of the Holocaust victims.   The world shared his disgust and horror; however, right here in Cook County, Illinois a sitting judge sat silent as her appointee guardian ad litem resurrected that horror by prospecting for and collecting the grains of gold that were found in the teeth (29) wrongfully removed from Alice Gore’s mouth.     This particular action was in of itself infamously reprehensible and should have generated an HONEST INVESTIGATION – which never came!    It did not come because the “fix” was in!    That ‘fix’ was successful because Jerome Larkin stood at the courthouse door to protect the unspeakable criminals!     He actually rejected the calls of the aggrieved family for an HONEST INVESTIGATION.  (See Probate Sharks).    This rejection is much more than an abrogation of his civic and public responsibility – it is a crime against humanity.     Unfortunately it is not his only crime against humanity that remains unaddressed a protected because of a corrupt judicial and political cabal that has been profiting by the elder cleansing scandal operation.
[2] The spin masters who make their living distorting the facts so that the actions of the Political and Judicial elite are immune from having to be dealt with pursuant to the Fifth and Fourteenth Amendments to the Constitution   (Equal footing under the law) might argue that such was a coincidence.     It might be, however, there is an adage that our respective mothers drilled home:  “fool me once – shame on you;  fool me twice – shame on me  “    What is the explanation advanced concerning the exploration of the GAL for the exploration for gold in Alice Gore’s mouth?    What is the explanation for the disciplinary proceeding against JoAnne Denison for exposing corruption and compliance with Rule 8.3?    What is the explanation for the outright misrepresentations in the documents filed by Mr. Larkin?     The circle of corruption is not only complete but it is polluting the atmosphere so completely that honest people will soon find the State of Illinois to be intolerable!
[3] It has been reported that the “ethics disclosures” required to public officials is no longer observed many of the keepers of the public conscience.     It has been reported in articles by ******** and investigations by others that Jerome Larkin and others at the IARDC do not file the required disclosure statements.    It has also been revealed by an attorney formerly employed at the Illinois Department of Professional Regulation that they also have many in their office who do not comply with the disclosure laws.

Sent: Wednesday, October 19, 2016 10:23 AM
Subject: Re: Drudge on Hillary

The 1979 publication of The Culture of Narcissism: American Life in an Age of Diminishing Expectations detailed with painful precision the devolution of morality in American culture and how it was being replaced by an ethic of ME.  What we are seeing play out on the national election platform is very likely the end result of this devolution.

U.S. attorney: $16 million fraud scheme was product of ‘unbridled greed’–More from CBS4 on the ASC fraud/sk

Please watch the video:

INDIANAPOLIS, Ind. — One year after FBI agents and state investigators raided a series of homes and a corporate headquarters of a central Indiana healthcare management company, a federal grand jury has returned a 32-count indictment against four men alleging a massive fraud and kickback scheme with illegal profits in excess of $16 million.

Listed on the indictment are the former CEO of American Senior Communities James Burkhart, ex-ASC COO Daniel Benson, contractor Steven Ganote and Joshua Burkhart who is accused of profiting from the fraud allegedly lead by his brother.

The four men appeared in federal court for an initial hearing late Wednesday afternoon. They entered not guilty pleas and were released under supervision, as is common in white-collar crime.

The federal probe uncovered a complex series of billings and agreements stretching back to early 2009 that involved inflated costs and invoices claiming markups typically as high as 40% and kickbacks that enriched the accused conspirators and allowed them to buy vacation property from central Indiana to Marco Island, Florida, and the acquisition of gold bars, Krugerrands, Rolex watches and diamond jewelry.

Money funneled through 20 shell companies included payment for gambling junkets, the use of a private plane and even unspecified political contributions.

Evidence includes the verbatim conversation between one accused conspirator and a contractor being shaken down for a bribe and various emails, payment reports, bank records and statements.

4 Fast Facts

  • Former CEO, three others face federal charges
  • They’re accused of fraud and other offenses involving millions of dollars
  • Federal authorities raided several locations last year
  • The company’s CEO was then fired

“It was a member of the public who stepped forward after being approached about some of the arrangements that you read in the indictment and taking a look and saying, ‘You know, this doesn’t sound right,’” said Nick Linder, Assistant U.S. Attorney.

ASC is a privately held company that manages approximately 70 nursing home and senior care facilities in Indiana, many of them owned by the Marion County Health & Hospitals Corporation.

Health & Hospitals, Medicare and Indiana Medicaid are listed as victims of the fraud, as is the federal Medicare system.

American Senior Communities released a statement about the case saying it cooperated with the investigation and will continue to do so until the case reaches its conclusion:

American Senior Communities is grateful to the United States Attorney’s Office and the federal agencies whose hard work and dedication resulted in today’s indictment. ASC has actively cooperated in this investigation and will continue to cooperate until the prosecutions are concluded. ASC was the victim of a betrayal of trust by two of its former officers.

ASC continues its strong tradition of providing excellent care, which has made ASC a valued and respected provider of senior care in Indiana. Nothing in the investigation or this prosecution involves resident care. ASC’s primary focus continues to be exceptional resident care.

ASC appreciates the commitment of its employees and continued support of its families.

ASC has emerged from this process a stronger, more vital organization. ASC has implemented many safeguards, and strengthened the organization with new leadership under the direction of CEO Donna Kelsey. ASC skilled nursing and residential facilities continue to enjoy quality ratings that exceed state and national averages.

Criminal charges include mail fraud, wire fraud, health care fraud, money laundering and conspiracy to circumvent an anti-kickback statute.

The U.S. Attorney claims that virtually any item or service required to run a health care facility, from medical supplies to landscaping to American flags to t-shirts for an Alzheimer’s memory walk, were subject to outrageously inflated prices that led to excessive profits that were ultimately kicked back to the participants of the scheme.

Discounts and rebates that were due to ASC often found their way in the pockets of the four men, according to the indictment.

Joshua Burkhart is accused of creating a company called Heartland Flag LLC which sold American, Indiana and ASC brand flags to ASC at a 150% markup and often replaced the flags several times a year.

“That’s one that certainly stuck in my craw,” said U.S. Attorney Josh Winkler.

Ganote is accused of creating Indiana Uniform Company LLC to sell ASC discharge packages, embroidered uniforms, seasonal door wraps, luggage carts and t-shirts at a 200% markup.

One furniture company CEO told investigators Ganote requested inflated invoices of up to 25% with the overcharge to be paid back to a shell company he owned, advising the furniture maker, “just between you and me…(James Burkhart’s) a part of that LLC. That’s all you need to know.”

Upon conviction, the fraud and conspiracy counts carry 20-year prison sentences plus ten years for money laundering and five years for conspiracy to violate the Anti-Kickback Statute, and the investigation into the roles of other possible ASC employees, including the chief financial officer, continues as the federal authorities promise a second round of indictments.

“These men are alleged to have stolen from the most vulnerable in our society,” said Winkler. “They took advantage of a system entrusted with the care of this state’s elderly, sick and mentally challenged allowing them to live a lifestyle of gratuitous luxury, fraught with unbridled greed.”

ASC fired Benson and James Burkhart within days of the FBI raids more than a year ago.

Federal investigators said they expect a second round of arrests in the probe, as vendors who went along with the kickback scheme will likely face charges.

In fact, authorities filed one count of Conspiracy to Commit Mail, Wire, and Health Care Fraud on Wednesday against David Mazanowski, the owner of Mainscape, Inc, an Indiana-based landscape company, alleging the vendor was in on the scheme.

The Indiana Health Care Association/Indiana Center for Assisted Living released the following statement about the case:

The Indiana Health Care Association/Indiana Center for Assisted Living learned of the charges against Mr. Burkhart and others this morning.  American Senior Communities (ASC) is a valued member of the association, an employer of thousands of people across the state of Indiana, and a caregiver to thousands of Hoosiers.

We understand ASC has made robust leadership changes and these disappointing events have not impacted their abilities to provide excellent care.  Our highest priority continues to be the care of Hoosiers in our more than 350 member centers statewide and the challenges they face that include significant regulatory changes and hiring and retaining quality staff.

Health & Hospital Corporation of Marion County weighed in as well:

Health & Hospital Corporation of Marion County (HHC) is aware of the federal indictments of James G. Burkhart, former CEO of American Senior Communities, as well as former ASC Chief Operating Officer Dan Benson, Josh Burkhart and Steve Ganote.

HHC has cooperated fully with federal authorities in their investigation. The federal authorities consistently advised HHC that it was a victim of the alleged schemes.  At no time has HHC or any of its employees been a target or subject of the investigation.

The health and welfare of residents were never at risk as a result of the alleged schemes. Residents and their welfare are always our top priority, and resident care was never affected.

American Senior Communities is one of the largest nursing home management companies in the state of Indiana. HHC has contracted with ASC to manage nursing home facilities owned by HHC.

from Joanne

Expensive vacation homes, golf junkets, gambling, diamonds, gold bars, Rolex watches, etc. was part of the $16 million taken from medicare/medicaid funds–and the FBI admits these are the most needy of the US population and the most deserving of protection.  The American Community Center involved kickbacks with a number of vendors to generate kickbacks.  4 men received $16 million from fraud and kickbacks to finance a life of luxury. What I don’t understand is that their base pay was $1 million, but they had to have more. Dozens of items were subject to the kick back scheme, including medical supplies, landscaping, pharmacy services, electronics, furniture, tshirts and even American Flags.  Marion County hospital would pay the claims and then were funneled through 20 shell companies.

Vendors will also be likely indicted, says the FBI and on the day of the report, the landscaping CEO had been indicted too.

It should be noted that in the Press Release from the FBI and other agencies, it was noted that the theft, embezzlement and fraud of $16 million from 2009 to 2016 turns out to be more than all the bank robberies combined in Southern Indiana in the last 2 decades!

The investigation came from an anonymous tip from a citizen who said that something was out of place and he just had to report it.  To him something did not add up.

I’m still trying to figure out how 1) $16 million could be missing over 7 years and the government auditors never noticed it in the reports that must have been filed by both ASC and the Hospital (Marion Hospital) paying the claims, 2) why weren’t routine government audits tracking these 16 shell companies used to launder the money;  3) why doesn’t the government require that every corporation it deal with be required to reveal the “true owner” of the company, that is who is taking all or the vast majority the profits either from dividends and/or salary.

I also want to know why 4 individuals who master minded this scheme and walked off with $16 million–more than all the bank robberies in that area in 20 years, got bail to walk.

They took $16 million and have homes all over the world, for sure.  Who doesn’t think they are a flight risk, as Esformes was?  I think the US govt and taxpayers have 16 million reasons to revoke bail until this shameful case is over.  I wonder if the dozens of bank robbers for much less in the area got no bail because of their money they were considered a flight risk?  Were all the pass ports pulled by the FBI, from the 4 in house executives stealing $16 million to each vendor charging medicare/medicaid an inflated price.

From Wikileaks–Julian Assange’s internet link cut by “state actor”

from Ken Ditkowsky
Subject: Re: Assange’s internet link cut
Date: Oct 17, 2016 4:35 PM
The only surprise in the article you forwarded is the fact that the NYTimes, CBS, NBC, CNN, et al have not been dismissing the attempt at censorship as “paranoia!”    
Maybe it is not coincidence that many of us have found our e-mail links to be slow, cut off, etc!    Certainly the Code of Silence as to the revelations of the Wikileaks release of the Clinton e-mails is analogous to the reluctant coverage of the horrendous crimes of ELDER CLEANSING.
I of course have my bias – I am much more aggreived by the fact that so little media coverage is afforded the explosive felonies of elder cleansing and the absurd fraud profits exhibited by the miscreants.   Philip Esformes stole a Billion ($1,000,000,000) dollars from Medicare and the Chicago media literally ignored the crime.  (The Tribune has recently given it some ink, but considering the amount stolen the crime and similar crimes occurring right her in Chicago should be exposed.   Our health care system is failing not only because it is imperfect, but because the criminals have so much money to grease the palms of the Political elite, the Judiciary and the media that America is fast becoming a 3rd World Nation)
If Philip Esformes had any dignity, or good will he would go voluntarily to the Federal authorities and hat in hand co-operate fully, honestly and completely with an HONEST INVESTIGATION.    Mr. Esformes is well aware that his crime is heinous and the only way his is going to have any future is to cultivate the good will of the United States of America by co-operation.   He is also aware, or should be aware that even with billions of dollars available for greasing the palms of law enforcement  – with or without media coverage – more people are watching him and his feats of daring than care who, if anyone, wins the next Presidential election.   His crime is personal to us as every one of us will get old and at some time in our lives will need rehabilitation in a “nursing home.”     I do not want to have to qualify for conceal carry in order to rehabilitate my knee after surgery! 
 The editorials of the media are no longer on the editorial page – they are on the front page.    If Government is trying to doctor the news so that it favors one candidate over another – it should stop.    If government is assisting in helping miscreant health care providers rip us and the elderly and disabled off the government officials and persons holding public trust ought to be jailed and barred from any further public service.   The antics of public officials such as Jerome Larkin, the Illinois Attorney Registration and Disciplinary Commission and the Illinois Supreme Court in fostering ‘elder cleansing’ and covering up for the miscreant profiting therefrom is infamous and should be the immediate subject of HONEST INQUIRY AND HONEST PROSECUTION.
Ken Ditkowsky
 From the Paris AP:

PARIS (AP) — WikiLeaks has blamed Ecuador for cutting off founder Julian Assange’s internet access while he is holed up at the Ecuadorean Embassy in London, and while his group is releasing thousands of emails from Hillary Clinton’s campaign chairman.

Assange has been at the embassy for more than four years after skipping bail to avoid being extradited over sex crimes allegations.

WikiLeaks initially blamed an unidentified “state actor” for cutting off Assange’s internet access, then on Monday said in a tweet that it was Ecuador. It said access was cut off at 5 p.m. GMT Saturday.

Calls, texts and emails left with WikiLeaks weren’t immediately returned Monday. A woman who picked up the phone at the embassy said: “I cannot disclose any information.”

Ecuador’s Foreign Ministry released a brief statement that didn’t mention the internet cut off, but reaffirmed its decision to grant Assange asylum.

“Faced with the speculation of the last few hours, the Government of Ecuador ratifies the validity of the asylum granted to Julian Assange four years ago,” the Foreign Ministry said. “We reaffirm that his protection by the Ecuadorean state will continue while the circumstances that led to the granting of asylum remain.”

London’s Metropolitan Police declined to comment.

Assange’s cramped quarters haven’t prevented the Australian transparency activist from working and WikiLeaks continues to deliver scoops, including revelations that have rattled Clinton’s campaign for president as the U.S. election enters its final stretch.

WikiLeaks said in its tweet blaming Ecuador that Assange’s internet was cut shortly after it published transcripts of paid speeches Clinton gave to Goldman Sachs. Those were part of the tranche of emails hacked from the accounts of John Podesta, campaign chairman for the Democratic nominee.


Associated Press Writer Gonzalo Solano contributed reporting from Quito, Ecuador.

State actors such as Jerome Larkin and the ABA deleted dozens of comments on their blog which supported the fact that even their members readily know, if you publish the truth, you will suffer an ARDC “go after” proceeding.

In my proceeding, discovery was quashed, my expert witnesses were quashed, and even the court proceeding was unlicensed.  I don’t see how there could have been more lack of due process in my case.

From FaceBook on the darker side of divorce in court rooms which have no respect for the Rule of Law and 1st Amendment

Award winning journalists have arrived on the scene to expose  issues involving California Judges acting in the state’s family court cases.  An article published on Sunday October 16 2016 in the Eastbay Times by award winning investigative journalists Thomas Peele and Nate Gartrell  may have opened the floodgates as mainstream media exposes the grave injustices found in California’s family court cases.

For decades family courts have faced criticism from  people trapped in divorces  who describe unfair support orders, legal alienation from their children and outright dismissal of property  and First Amendment Rights . Courts dismiss those who complain as disgruntled litigants, but the  complaints show something far more sinister.

Sacramento County was the first to speak up about family court matters – and investigative reporters, bloggers, activists  and social media specialists began to expose the darker side of family court judges and proceedings.

Ultimately, many of the most vocal critics were involved in the production of Divorce Corp, a popular, Netflix documentary. Sadly,  many  parents featured in the film never fully recovered  from the losses the family courts had imposed in what should have been routine and equitable divorce cases.

Most egregious is the blatant use of judicial immunity that has allowed family court judges the power and ability to jail parents for missing support payments, or for posting online comments critical of a former spouse, family courts,  judges or lawyers.

People have lost their children, their property and their freedom for speaking up during family court proceedings and courts appear willing to dismiss  divorce litigant’s First Amendment Rights as a matter of routine.  Additionally  many judges are reported  to be privately  investigating people speaking up against them, and then using the system to retaliate and silence their critics.

Judicial retaliation against those who speak out is outrageous, and the most blatant involves the divorce case of  Joe Sweeney, in Contra Costa County.  After experiencing a rather unfair divorce proceeding, Joe formed Court Reform, LLC. In early 2016 Court Reform LLC  published a report critical of the Commission of Judicial Performance, the state agency that is supposed to address judicial misconduct to protect citizens involved in  legal matters.   Many say  Joe Sweeney’s report was  “singlehandedly” responsible for causing the state legislature to order an audit of the CJP, for the first time in 50 years.

For Joe’s work aimed at protecting  Californians embroiled  in divorces,  Judge  Mills, of Contra Costa County, used blatant bias , retaliation and even violation of the law, to put Joe in jail.  

Judge Mills was able to abuse his power by dressing up a contempt order that blamed Joe for  posting publically available information online during a divorce proceeding. Judge Austin,  Contra Costa  County’s presiding judge had plenty of complaints and warnings against Judge Mills before Joe was jailed, and Judge Austin ignored those complaints, in violation of his own obligation to California’s Judicial Code of Ethics.  Insiders say Judge Austin acted to make sure a “message ” was sent to Joe and other whistleblowers.

The DA in Contra Costa County will now have to decide if he will break with rank and  finally begin to investigate complaints filed against judges arising from family law cases. Media exposure and public outrage may assist him in that decision.

Highly experienced family lawyers have  also  been speaking out over the misconduct of their peers , and judges . Most lawyers and judges believe misconduct  serves to poison the well that is intended to provide citizens with a fair legal system, but few lawyers have felt free  to speak out , or file the complaints necessary to stop the toxic behavior,despite rules and laws that require them to do just that.

Floyd Abrams, one of the country’s foremost First  Amendment experts commented for the article written by Peele and Gartrell.  Abrams clearly recognizes the dangers  that exist when free speech and right to petition are quashed in family law cases, where the most fundamental rights of individuals reside.

The East Bay Times article clearly shows free speech experts and academics, including Martin  Garbus,  understand the  impact on everyday citizens when  family courts restrict the most fundamental of rights.

In Contra Costa County Joe Sweeney went to jail for speaking up . In Santa Clara County Michael Lazarin lost the right to say his own child’s name after he reported legal alienation during his custody case and Susan Bassi was evicted from two homes she had owned for over twenty years, after she reported two highly regarded family law attorneys, Nat Halesand Brad Baugh,  to the State Bar and two judges, Mary Ann Grilli and James Towery , to the  Santa Clara County presiding judge, Rise Pichon, who did nothing about the judges clearly retaliating in a divorce case.   

Many family court cases involving violations of the First Amendment  have worked their way up to the court of appeals, but social media has worked them out to the public’s attention faster. Social media  assisted by public outrage over judge rulings , including the ruling of Judge  Persky, in the Stanford rape case,  has caused the public to take note, and  demand change.

Judges are worried. At the  annual meeting for the Judges’ Association, insiders report that the San Diego late summer meeting filled  corridors and hallways with side meetings where judges expressed  concern that their images are being blasted throughout social media, forcing their judicial rulings to be more widely scrutinized where such scrutiny is outside the control and protection of the court system,

On Monday, October 17, 2016 the biological father of Audrie Pott will address his First Amendment Rights in yet another Santa Clara County Courtroom. The county, still reeling from the attention brought during the Stanford rape case, combined with the issues now being exposed in Contra Costa County, is reported to be ground zero for an investigation on judicial misconduct.

As for rats bailing from the sinking court ship, citizens in Santa Clara  County are well aware that the timing of Court CEO David Yamasaki’s departure from the county’s highest court management positon  , is a bit more suspect , than routine.  Yamasaki may be bailing as rumors related to misappropriation of state funds, and conduct involving the  reporting of  good lawyers to the State Bar, in an effort to protect misconduct of judges,  is about to be exposed.

From Ken Ditkowsky–Another nursing home operator indicted for $16 million!

It looks as though the feds are now finding medicare and medicaid and state funded nursing homes a lucrative source of fraud=indictments means more money returned to the state and federal government.

here is the link to the DOJ annoucement–great job and WHY ISN’T THE CHICAGO MEGA MEDIA FOLLOWING THE THEFT OF $16 MILLION?  WHEN ISN’T $16 MILLION NEWS.

My only question is, what took so long and what about investigating whether not some or all of theses elders can be returned to their family members and these estate draining guardianships be ended?  Also the massive funds spent by medicare/medicaid on psychotropic and other drugs which are non FDA approved for such an usage should be returned to the source of funding and the persons involved–judges, attorneys, guardians and lawyers,, who supported the illegal drugging should be arrested and imprisoned.  The war on street drugs is nothing compared to the war we should be waging on nursing home drugs.  Unless and until the FDA approves these usages, every should be arrested.

Read on:

From Cynthia Stevens

One big answer I think is those of us with a conscience, no matter our ages or whatever, must start running for office.  Start local and keep on keeping on. Have your friends join you.  We had a couple of cousins with a conscience get elected to Chillicothe City Council to help put a tourniquet on the hemmoraghing of public funds that would occur every time  Council voted.  It did work for a while but one cousin was more outspoken than the other, and the weaker cousin got played off against the stronger as the dirty gang on Council declared war on the stronger guy, who had then been running for mayor.  He should have won but he refused offers of help from sources like, evidently because we were “too radical”.   We had better start figuring out who are enemies really are, and our friends.  We are going to have to TAKE this country back.  The demons in charge won’t hand it over.
From Ken Ditkowsky

On Sat, Oct 15, 2016 at 12:00 PM, kenneth ditkowsky <> wrote:

Elder Cleansing is a National tragedy.   The other night I was watching Fox News and they had a piece on how some Indiana nursing home group and it miscreant ownership had run afoul of the law.   The next morning I searched the Chicago news papers and the internet to learn what, if anything, was going down in Indiana.  Was Indiana cracking down on the criminals who were preying on the elderly?
My search turned up empty.  Today I found a link which I am forwarding to you.   It is absolutely amazing.   Every Establishment politico is touting about how he/she is the friend of the elderly and the disabled and therefore we should run out an vote for them.   It is a bold faced lie!    Not one is interested in the anything but garnering the vote of the elderly.   Between voting seasons they could care less if grandma was lying in her own urine in a nursing home while Court appointed guardians were rummaging through he mouth to find if they could salvage a few grains of gold from her teeth!   Indeed – grandma is a non-person whose only value to the Political souls is her vote.
Congress has a committee to investigate elder abuse, exploitation, etc (all elements of elder cleansing).   Elizabeth Warren was hear saying that the committee did not have enough information to deal with the problem.   Senator Warren should have known that the Government Accounting Office has done four investigations and written four reports to Congress. (There is to be another one coming about by the end of 2016 that the ARDC can start cringing about instead of doing something about).   NASGA, Probate Sharks, MaryGSykes, AAAPg *** all have referenced the GAO reports and literally hundreds of citizen complaints of elder cleansing and health care fraud.   Of course Senator Warren is not alone – I wrote Senator Durbin – I got back a copy of some silly speech he gave as to his efforts to save Social Security.   The Senator knows or should knows that the social security that he is saving is being used by the miscreants, court appointed guardians et al to compensate and fund the elder cleansing of hundreds of elderly people.    I wrote the Presidential candidates who would like the elderly to vote for them — Not a word of reply.
Apparently every one of the political aspirants believe that the nursing home operators are the people of importance and the residents and the other elderly are unimportant.   Historically from my investigation they are correct.   The residents of the nursing home are induced to vote for the candidate of the operator’s choice and the mobile elderly are so gullible to believe that the ponzi scheme known as social security will be best protected by candidate x who says that he/she is “fighting for the elderly”     We have done a terrible job in choosing our elected representatives (some of whom have surrogates who openly brag how they put something over on us because we are STUPID!).
Democracy is not a spectator sport – the dues are high!   It is time to take back America from the political class.  Exactly how you do this is beyond my pay grade, but we have to start now or the cancer of corruption will consume us.

—– Forwarded Message —–
From: <>
Sent: Saturday, October 15, 2016 8:20 AM
Subject: [Shared Post] Indiana nursing home company’s ex-CEO indicted for fraud

Kenneth Ditkowsky ( shared a post

Indiana nursing home company’s ex-CEO indicted for fraud

by wlfidevinschacht

INDIANAPOLIS (AP/WLFI) — A grand jury has indicted the former CEO of a company that operates dozens of Indiana nursing homes, accusing him a…
wlfidevinschacht | October 12, 2016 at 11:08 am | Categories: Crime, Indiana, Local, mobile, News | URL:
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Response to USPTO request for information on my suspension by the IARDC

He is what I filed with the OED earlier this week.  It makes it clear the Sykes case was utterly corrupt, the ARDC is hopelessly corrupt and everyone needs to be fired there, and many, many lawyers need to be indicted.  We need not mention names.  Hundreds of you have filed perfectly valid complaints against (clouted) attorneys that were routinely dismissed and went no where.  The JIB is a joke and rarely goes after judges who are even obviously corrupt.

You know I am after them, and apparently the ARDC now wants me to help honest citizens file complaint after complaint to all the authorities–the ARDC and JIB to see how many valid complaints can be dismissed, as well as the states attorneys and the FBI.

As for me, I sit in the catbird seat now just accumulating excuse after excuse to publish, or not to publish.  Let them figure it out.

Both myself and Ken Ditkowsky now sit day after day listening to valid complaints and learning more and more about how they do it, how they get away with it and how far it goes.

The ARDC told us to do that with our forced vacations to reconsider their nefarious behavior, and we complied. Well, I think they thought we would both go away with our tail between our legs and whining, but that’s not us. We have tail feathers and we’re going to keep them, their clout and schemes and ledgerdermain not withstanding.

So here’s yet another response to the clouted authorities telling them the truth and I’m going to keep on telling the truth until we get all these psychopaths out of Illinois Govt.  With the vast majority of our governors going to prison over the last few decades, what is there to lose?





Respondent:  Joanne Denison
Pat. Atty No.  34,150
Your File No. G2719
Date of Deposit:  October 11, 2106

I hereby certify that this paper or fee is being deposited with the United States Postal Service first class mail, postage prepaid under 37 CFR 1.8on the date indicated above and is addressed to Mail Stop OED PO Box 1450, Alexandria, VA 22313-1450 Name:  JoAnne M. DenisonSignature:__/esign/joannemdenison/______

To:  Office of Enrollment and Discipline

Mil Stop OED PO Box 1450, Alexandria, VA 22313-1450

Dear Madam/Sir:

Attached is:

  Response to  Communication Dated Aug 31, 2106

  1.            Return Postcard

Please date stamp the enclosed postcard and place in the return mail.

Your prompt assistance is greatly appreciated.

Respectfully Submitted,


JoAnne M. Denison,

Pat. Reg. No. 34, 150





Respondent:  Joanne Denison
Pat. Atty No.  34,150
Your File No. G2719
Date of Deposit:  October 11, 2106
I hereby certify that this paper or fee is being deposited with the United States Postal Service first class mail, postage prepaid under 37 CFR 1.8on the date indicated above and is addressed to Mail Stop OED PO Box 1450, Alexandria, VA 22313-1450

Name:  JoAnne M. Denison


TO 37 CFR SEC 11.24



  • Introduction


This is in Response to your Notice of August 31, 2016 in which it was alleged that a violation of 37 CFR sec 11.24 occured when numerous posts were made on the blog (“Subject Blog”) ( that constituted unethical conduct for an Illinois licensed attorney. However, even a cursory knowledge of the Subject Blog reveals that the content is true, the only witnesses the ARDC used during Respondent’s trial were those who have been accused by many probate corruption victims of engaging in felonious, highly unethical and immoral actions themselves.  Numerous other probate blogs have confirmed the ARDC witness were not honest, ethical attorneys, and in fact, one main witness, Judge Jane Louise Stuart, would change her testimony right on the stand such that she would have a quick (but forced) retirement in 6 weeks.  The other witnesses (Stern Farenga, Schmeidel) would testify that the blog in question, was a lie but could point to no statements.  The ARDC never did identify any blog statements that violated any ethical rules or the law regarding defamation. The Mary G Sykes guardianship case is one that involves the following: 1) lack of jurisdiction, Mary never served; 2) a judge admits she fixed the case and she could do it over and she would come to the same results; 3) a judge admits that if Mary’s doctor will not declare her incompetent, then find a doctor that will 4) a guardian that drills out a jointly held safe deposit without a court order and does not inventory the contents; 5) an appellate judge who is “taking care” of all of one litigants appeals–ie, they are being fixed for dismissal and it’s said in open court; 6) five trust accountings missing; 7) all discovery quashed on the guardian by both the trial court and the ARDC; 8) the younger daughters pleadings routinely stricken when she objects to lack of jurisdiction; 9) a judge changes her testimony and effectively admits she was lying–all deleted from the transcripts; 10) the transcripts of the ARDC trial are altered and the ARDC tribunal covers it up–etc. etc.  Between 2009 and and the end of the ARDC trial, one trial court judge and one appellate court judge would be removed quickly from the bench,it is believed over this case.  And finally, since unlicensed court reporters were used, the judgment against Respondent is not valid under Illinois law.

  1.  Example of the protection of how the ARDC treats the Clouted Felonious Attorney in Illinois

For example in January of 2014, a clouted attorney, Seth Gillman stole not only $100 million in Medicare/Medicaid/Ill. Health Funds, but because the ARDC did not discipline him then, he went on to steal employee trust funds for FICA/FUTA, SocSec and Medicare.  Numerous complaints were filed with the ARDC from January of 2014  up until the time of trial in February 2016 when Gillman was indicted. Every complaint filed against him by honest and ethical attorneys was returned with a letter that “he has not been convicted yet”; however, when an attorney is indicted they are almost immediately suspended.   Not in the Gillman case, he was not suspended until he pled a deal with the FBI and turned on “the clout system” in Chicago. As soon as he turned state’s evidence and began to sing like a canary, the corrupt ARDC went after him.  He pled early Feb. 2016 and by the end of February 2016, the ARDC filed a complaint against him (finally).  But his employees lost thousands in health care, had no health care insurance and he took all their FICA and FUTA, social security and unemployment with him.

And, as we all know, Chicago is the city where City Attorneys have refused Federal Court judges and have delayed and defied them to turn over 20 police videos of innocent, unarmed, South Side citizens being gunned down out of spite, activism or racism.  The is no doubt that there are serious problems with minimizing ethics plans by the Mayor, the ARDC and City attorneys, who, as long as they do what they are told, will never be fired or disciplined, no matter how unethical the behavior.  Hence, Chicago and Illinois have a long standing tradition of corruption and the public is fed up.

As far as the undersigned is aware, no citizen has ever complained about her, only lauded her for her efforts to stem corruption in Chicago and Illinois.

  1.  Prefatory Statement

Primarily it should be noted that the Subject Blog has nothing whatsoever to do with patent law or even intellectual property law.  It is a blog about corruption in the Illinois court system and more particularly pertains to the probate court.  It does not discuss patent matters at all and it does not focus on any intellectual property matters, except for the fact the Subject Blog is protected by a US copyright registration.  What it focuses on is one of the most serious issues in the court system today–massive thefts of estates by lawyers and court appointed nursing home vendors in guardianship and probate court.  It is not atypical for a $100k estate to be drained in a year; a $500k estate to be drained in a few years, etc.  Even multi million dollar estates can be drained by tied in clouted nursing homes, lawyers and courtroom vendors in under 10 years.  There is no reason why attorneys need to be paid $100k or $200k per year or even more, in simple guardianship and decedent’s estates.

Further, while it costs about $1500 per month to house a senior, but nursing homes typically bill medicare and medicaid $5k to $6k per month.  And if there is an estate, it can be drained at the new MSRP of $15,000/ month for large estates.  Doctor visits are drive bys, physical therapy is drugging an elder with illegal, FDA unapproved psychotropic drugs and propping the elderly up in a wheelchair for the day.  Everyone wants to go home in a nursing home, but there are no investigations as to why the wealthy and elderly are there.  Many family members want to take their loved ones home, but cannot.

  1.  The decisions of the ARDC Tribunal and Review Board were politically motivated.

The undersigned vigorously contests the finding that unethical conduct occurred due to blog posts and she asserts that the blog in question, is a blog concerning wrongdoing by certain judges and attorneys in Illinois, primarily. The blog is open to the public, and persons may post whatever comments and articles that they desire.  The blog concerns primarily probate court where victims and their families are terrorized in court and the mantra is “target, guardianize, isolate, medicate (with illegal chemical restraints), drain the estate, quietly eliminate and cremate.”  The blog is truthful and in the case of 09 P 4585, Circuit Court of Cook County, In re Mary G Sykes, this is the sad but truthful tale of what happened to Mary G. Sykes, an elderly widow between 90 and 95 years of age who complained that one of her daughters (Toerpe) had taken $4,000 without out authorization from one of her bank accounts. The banker recommended that she file for an Order of Protection, and when she did this, the perpetrator, Carolyn Sykes Toerpe, filed for guardianship against Mary and in December 2009, without serving Mary Sykes with 14 days advance notice of the time, date and place of hearing, as required by Illinois Law.  Carolyn Toerpe, Mary Sykes older miscreant daughter that swiped the $4,000 (and many other funds) was appointed her guardian in one of the most horrific and underhanded fiascoes seen in any courtroom today.  As for the Order of Protection, interestingly enough, it was found on a dusty shelf in Judge Flannery’s courtroom 2005 years later. Respondent was told that’s where files go when they are “taken off the docket”.  I took pictures and the FBI was immediately informed.  This scheme of taking unwanted proceedings off the docket apparently affected dozens of files and not just the 09 P 4585 Sykes case.

Two GAL were appointed by the court in the Probate Proceeding, a Cynthia Farenga and an Adam Stern.  Adam Stern threatened another attorney in 2012, that if he investigated the case (Atty Kenneth Ditkowsky), Stern would have him disbarred.  Atty Kenneth Ditkowsky, while all he did was repeatedly ask the authorities to investigate case 09 P 4585, was subsequently disciplined by the Illinois Atty Regn and Discipline Commission and he was suspended for 4 years from the practice of law–all for trying to protect Mary Sykes from her estate being drained, $1 million is assets disappeared from a safe deposit box, all discovery covered up at both the 09 P 4585 proceeding and at the ARDC 13 PR 001 hearing.  He merely wrote letters to her doctor, her friends, everywhere–to find out what was happening in the Mary Sykes case–an activity which is apparently verbotten in the Cook County Probate Division, though it is required under law by Rule 11 in Federal court and Rule 127 in State Court.

Mary G. Sykes was not incompetent at the time she was guardianized.  Videos posted on show that she was lucid, clear thinking and had higher cognitive abilties. (  She knew the objects of her bounty and had made provision for them.  In fact, in or about December of 2009 she attended one of her card club sessions, played the complex card game Canasta, and beat the pants off other persons that attended the game.

The blog, did not start until November of 2011.  Ms. Denison, at no time had been counsel for Mary G. Sykes.  She did attempt to represent the younger daughter, Gloria Sykes, back in December of 2009, but was disqualified by the Court.  She also was threatened by the court that if she attempted to represent Gloria Sykes at any time during the process to appoint a guardian, she would be disbarred.  Ms. Denison filed her Appearance and filed Pleadings to represent Ms. Gloria Sykes, and copies of those pleadings can be found in the ROA on the Subject Blog (cite) . The court eventually denied her Motion to represent Ms. Sykes, and Ms. Denison did not in fact represent her during the entire court proceeding.

  1. Case Summary–the Sad Tale of the Guardianship of Mary G Sykes:

In the Mary G. Sykes case, a majority of the family members and 20+ close friends of Mary Sykes contended:

1) the probate case 09 P 4585 was without jurisdiction because neither Mary G. Sykes nor her two elderly sisters, Yolanda Bakken and Josephine DiPietro had been served with the necessary time, date and place of hearing 14 days in advance, as required by Illinois law (In re Ralph Sodini,

An affidavit from the younger daughter Gloria Sykes completely verifies what is said in this pleading and what was said to the ARDC Tribunal regarding the Sykes Case: In addition the complete Record on Appeal for the Sykes case 09 P 4585 may be found here:

The Record on Appeal for the Denison 13 PR 01 case may be found here:

The Decision from the Tribunal may be found here

The Decision from the Review Board may be found here:

It is interesting to note that on page 1 of the Review Board Decision, they agreed with the Tribunal that Responded “was not afforded” any First Amendment rights for her blogging activity.  On page 28 of the Tribunal decision, they said that a lawyer can criticize a judge or ruling.  But then, they go back and relitigate the Sykes case and say that the judges and lawyers involved were improperly criticized, when in fact it is known that over $160k was taken in attorneys fees,  Mary’s home was in fact sold for pennies on the dollar, hundreds of thousands of dollars in valuable coins are still missing and uninvestigated by the ARDC (and shown from the past actions of the ARDC they will not investigate until the lawyer involved turn state’s evidence), and Mary was never served summons and complaint and her elderly sisters were never notified of the date, time and place for hearing 14 days in advance thereof.  In one fell swoop, the ARDC grants the rights to criticize a lawyer, a judge, a decision and a court, but the very next statement they take it away by saying they have decided in the Sykes case there were “no problems” and therefore no right to criticize.  Which is it?  

If the Sykes case were not troubled, then why were two crucial citizen witnesses barred from testifying (Gloria and Scott), and two others testified there were serious problems in the Sykes case 09 P 4585 (Kathie and Yolanda)?

The ARDC tried to keep the testimony of Gloria, Scott, Kathie and Yolanda from coming into the case as much as they could, yet the following depositions were taken by Respondent and form part of the Record on Appeal:

Deposition of Yolanda Bakken  – p 1980

Deposition of Kathleen Bakken – p1989, same link

Deposition of Scott Evans: – p 2009 

Deposition of Gloria Sykes:p 2037, same link.

2) that a bag containing hundreds of thousands of dollars in valuable gold and silver coins was missing from the estate and never inventoried. All of the court, the GAL’s Stern and Farenga, counsel to Carolyn Toerpe–Peter Schmeidel, Harvey Waller, Deborah Jo Soehlig persisted, even to this day, to tell the court that the coins were imaginary and they quashed every single motion that Gloria Sykes brought to find the coins.  At the ARDC trial of Ms. Denison, it would be found out that in fact a safe deposit box owned by Gloria and Mary Sykes was drilled out by Carolyn Toerpe, the contents emptied and not inventoried.  The  Plenary Guardian Toerpe (“Guardian Toerpe”) had the safe deposit box drilled out soon after she was appointed (April 2010) and never told the court about the drilling of the safe deposit box, and she never filed any Notice and Complaint to Partition the Safe Deposit Box, allowed the matter to be set for Discovery and Hearing on the matter, thereby violating the 5th amendment right to due process, 4th Amendment right of illegal seizure of property of both Mary G. Sykes and Gloria Sykes, the owners of the box.  In addition, they repeatedly quashed discovery on the matter, as well as litigation counsel to the ARDC such that it took until January of 2014 before some of the documents arrived from the bank that the safe deposit box had in fact been drilled out and the contents emptied but never inventoried by the Guardian, as required under Illinois law.  The video from the vault has not been retrieved, and neither the person in the vault area or the banker who talked with Mary have been interviewed or deposed in either the probate proceeding or in the ARDC proceeding.

3) Gloria Sykes held the last valid Power of Attorney for Health Care for her mother.  In this Power of Attorney she was to be appointed a guardian if one was required.  ( p.783. However, without Notice, Discovery and setting the matter for Hearing, the court summarily issued an order terminating the POA of Gloria Sykes, all in derogation of Illinois Law which requires that a POA be terminated only when the Principal cannot control the POA and that actions have been taken inconsistent with the POA and that damage has or may occur to the person or property of the Principal.  (see, 755 ILCS 45/2-10). None of that ever happened.  All this has been published on the Subject Blog.

4) that assets properly belonging to Gloria Sykes were seized by the court without Notice, Discovery or Hearing, all in violation of the 4th amendment rights of Gloria Sykes.  Gloria owned a home adjacent her mother’s home which had been damaged heavily by mold.  Litigation ensued over the damages owed Gloria Sykes for damage to her person and property from the mold. Gloria developed breast cancer from the mold.  All the contents of her home at 6016 N Avondale in Chicago were hers. The insurance was contracted for by Gloria and she paid the premiums.  The miscreants in the 09 P 4585 case, again, without Notice, Discovery or Hearing on the issue froze the assets, Judge Stuart then chained Gloria to a chair in her ante room, threatened her pets with euthanization at the city pound, and then forced Gloria to disclose the location of those assets, which were, by the way, located out of State in Indiana.  The $200,000 seized was primarily used to pay attorneys fees and never in fact went to provide any care for Mary.

5)  In July of 2014, Mary was located by concerned family and friends in a place she never wanted to go, a nursing home.  Ms. Denison had known Mary and Gloria for years and was a long time family friend and neighbor of both Mary and Gloria Sykes.  Mary knew where she was and implored Gloria to take her home, but she understood that Carolyn had a) sold her home and had control of her money; b) had done so on a deceptive basis; c) knew it was Carolyn who had forced her into the nursing home against her will.  Again, Mary Sykes was lucid, clear thinking and could reason on a higher cognitive level.  (Mary had written numerous letters to the court and to the GAL’s, all of which were ignored. see   When the GAL’s contented that Mary was just parroting what Gloria had said, Gloria took a lengthy video of Mary writing these letters, begging for help and to get out of the guardianship–all of which were ignored. see )

During a meeting with Mary Sykes in July 2014, Ms. Denison, with the permission of everyone present, including Mary, took a 40 minute video of Mary speaking about the case and how she wanted to go home with Gloria and how Gloria was not to worry, “they could just start over”.  After Adam Stern spoke with the Naperville Police officer who was sent over to “investigate”, the Naperville police officer asked Respondent and others to destroy photos and videos of Mary and everyone complied under threat of arrest, despite the fact it is unconstitutional for law enforcement to destroy photos and evidence in general, and this was special evidence needed to show how Mary Sykes was competent even in July of 2014.

6) Mary’s Power of Attorney, supra, granted to Gloria Sykes indicated she wanted to live in her home until she died and have her two daughters care for her there.   Mary lived in Norwood Park in Chicago since the 1950’s.  She was active, even at age 90, in many clubs and social organizations.  Carolyn Toerpe had her removed from Mary’s home in Norwood Park and took her, against her will, to Carolyn’s home in Naperville (about a half hour expressway drive away) where she was isolated against her will.

7) Tragically, on May 23, 2015, Mary was narcotized to death in a nursing home.  Gloria Sykes, a beloved, dedicated daughter, was told at 3 pm to come and see her mother “for about an hour” because she was dying.  When Gloria arrived, her mother was so heavily drugged (illegally chemically restrained), she could not even speak.  When Gloria asked why her mother was in such a condition, she was told her mother was dying “from dementia”.   The very next day, Guardian Toerpe took Mary’s body to a local funeral home, Suerth Funeral Home in Norwood Park, Chicago and told the funeral director to embalm Mary while Carolyn waited, and then she was to be immediately interred.  To date, Mary Sykes has still not been autopsied and no tox screen has be permitted by any court or the ARDC.  The ARDC still refuses to open an honest, thorough and complete investigation of the Mary Sykes 09 P 4585 case.  Instead, it has gone after honest attorneys, myself and Ken Ditkowsky who have related to both the public and the authorities all of the judicial and lawyer wrongdoing in the case. Thus far, there has been no accountability for these nefarious actions.

None of Stuart, Schmeidel, Stern or Farenga told the truth about the Mary G. Sykes case.  Mary G. Sykes never received a hearing, she was not served with a Summons or Petition for Guardianship, she never attended the December 7, 2009 hearing and was not told about it.  Then, her home was sold and liquidated.  Gloria’s insurance monies for her suffering breast cancer and her home being destroyed by black mold after ice damming was improperly repaired, some $200,000 was also added to Mary’s Guardianship estate to pay its legal bills since Mary’s cash funds were very low at the time.  What the ARDC, the Tribunal and the Review Board wanted to keep from becoming public–that all of Mary’s hard earned assets (she worked as a seamstress for years, her husband Charles was a Sergeant in the Chicago Police Department), some $200,000+ would all go to attorneys Schmeidel, Stern and Farenga in a most shameful act.  The ARDC, the Tribunal and the Review Board all claim that what happened to Mary and Gloria Sykes was not illegal, unethical and dishonest–but in fact it was.  

The Blogs of Respondent only tell the truth. Gloria Sykes, a renown and award winning investigative news reporter, also tells the truth.  Scott Evans, a long time family friend and retired military intelligence analyst with the highest security level ratings in the US government, also would have told the truth on the stand, but they were actively prevented from doing so by the ARDC and the Tribunal.  Kathie and Yolanda Bakken, both disabled, came to court and told the truth about Mary Sykes, and her case, and that truth was ignored by the Tribunal.  As a result, Mary’s last directives were never carried out, Gloria was never appointed her Guardian to live with her and care for her as she had done for 10 years prior to 2009, Mary was isolated from 20+ friends and family in Naperville for over 5 years, she never saw her Garden Club or card club again. Instead she was put in adult day care with low functioning adults, then a nursing home– a place she never wanted to be, and then she would be drugged to death without any court order or medical diagnosis of a severe illness requiring she die by narcotics–again, a situation that Mary as a devout Roman Catholic would never consent to, and in fact it was not part of her final directives. (see Power of Attorney, infra) The actions of Carolyn Toerpe in denying Mary a proper funeral, last rites by her Catholic Priest, the refusal for an autopsy and a tox screen–all point to the same result. The Blog in fact told the truth and continues to tell the Truth. The Blog is not frivolous or ancillary, it teaches the Truth about Probate and that “target, guardianize, isolate, medicate, drain the estate then quickly and quietly eliminate” is not the law. It is not part of the Illinois Probate Act.  But people have to appear in probate court pro se all the time. And all they are told is that “target, guardianize, medicate, drain  the estate and then eliminate and cremate” is the the law when it is not, the Illinois Probate Act is the law, which does not permit any of these felonious shenanigans.

The Tribunal and Review Board Decisions consistently ignored the following State and Federal Statutes which protect Respondent’s blogging activities. They treated these laws as if they did not exist:

  1. a) 320 ILCS § 20 for reporting elder abuse and providing immunity therefore
  2. b) 42 USC § 12203 prohibiting retaliation for protecting an Elder under the ADA or Americans with Disabilities Act;
  3. c) 750 ILCS sec. 110-½ or the Illinois Citizens Participation Act which protects Citizens from wrongful First Amendment retaliation was rubber stamped by the Tribunal against Respondent’s First Amendment rights, which again, the Tribunal did not believe existed. see for detais of the CPA in Illinois.
  4. c) 75 ILCS 5/8-901 to 8-909 Illinois Reporter’s Privilege Act to protect sources and allow Gloria to testify even if she did not want to turn over 20,000+ emails to the ARDC,
  5. d) 47 USC § 230 or the Internet Decency Act which protects bloggers from liability and provides a mechanism to be followed for removing offensive posts–an action neither Stern, Farenga or Schmeidel have taken nor the ARDC. Those provisions were not enacted by the US Congress to be ignored or treated as suggestions, but they are mandates to be followed by our legislators that took care to pass these statutes.

There are also the following legal defenses to any claims of libel, defamation or false light:  Innocent construction,fair reporting privilege, substantial truth, opinion, hyperbole, fair comment privilege.  (See Digital Media Project, Illinois )  The Tribunal from the outset stated that these defenses “may or may not apply.”   The Tribunal from the outset stated the First Amendment is not applicable to attorney discipline, even though landmark cases including, but not limited to Sawyer, Garrison and many others, have clearly state that all attorneys do in fact have First Amendment Rights.

  1. Brief Argument that the decisions were wrongful and politically motivated

None of Stuart, Schmeidel, Stern or Farenga told the truth about the Mary G. Sykes case during the Tribunal Hearing.  Mary G. Sykes never received a guardianship hearing, she was not served with a Summons or Petition for Guardianship, she never attended the December 7, 2009 hearing and was not told about it.  Then, her home was sold and liquidated, presumably for pennies on the dollar.  Of course, the final amount is not known because the “special treatment” Plenary Guardian never filed a Trust Accounting with the Probate Court, despite the fact those funds had been commingled since the Guardianship Estate was first opened.  Gloria’s insurance monies for her suffering breast cancer and her home being destroyed by black mold after ice damming was improperly repaired, some $200,000 was also added to the estate.  What the ARDC, the Tribunal and the Review Board wanted to keep from becoming public–that all of Mary’s hard earned assets (she worked as a seamstress for years, her husband Charles was a Sergeant in the Chicago Police Department), some $150,000 would all go to attorneys Schmeidel, Stern and Farenga in a most shameful act.  The ARDC, the Tribunal and the Review Board all claim that what happened to Mary and Gloria Sykes was not illegal, unethical and dishonest–but in fact it was.  

The Blogs of Respondent only tell the truth. Gloria Sykes, a renown and award winning investigative news reporter, also tells the truth.  Scott Evans, a long time family friend and retired military intelligence analyst with the highest security level ratings in the US government, also would have told the truth on the stand, but they were actively prevented from doing so by the ARDC and the Tribunal.  Kathie and Yolanda Bakken, both disabled, came to court and told the truth about Mary Sykes, and her case, and that truth was ignored by the Tribunal.  As a result, Mary’s last directives were never carried out, Gloria was never appointed her Guardian to live with her and care for her as she had done for 10 years prior to 2009, Mary was isolated from 20+ friends and family in Naperville, never to see her Garden Club or card club again, instead she was put in adult day care with a number of very low functioning adults, then a nursing home– a place she never wanted to be, and then she would be drugged to death without any medical diagnosis of a severe illness requiring she die by narcotics–again, a situation that Mary as a practicing Roman Catholic would never consent to, and in fact it was not part of her final directives.  The actions of Guardian Carolyn Toerpe in denying her own Mother Mary a proper funeral, last rites by her Catholic Priest, the refusal for an autopsy and a tox screen–all point to the same result. The Blog in fact told the truth and continues to tell the Truth. The Blog is not frivolous or ancillary, it teaches the Truth about Probate and that “target, guardianize, isolate, medicate, drain the estate then quickly and quietly eliminate” is not the law. It is not part of the Illinois Probate Act.

The Tribunal and Review Board consistently ignored the following State and Federal Statutes which protect Respondent’s blogging activities. They treated these laws as if they did not exist:

  1. a)  320 ILCS § 20 for reporting elder abuse and receiving immunity therefore;
  2. b) 42 USC § 12203 prohibiting retaliation for protecting an Elder under the Act;
  3. c) 75 ILCS § 5/8-901 to 8-909 Illinois Reporter’s Privilege Act to protect sources and allow Gloria to testify even if she did not want to turn over 20,000+ emails to the ARDC, d) 47 USC § 230 or the Internet Decency Act which protects bloggers from liability, and;
  4. e) 750 ILCS § 110-1/2 or the Citizen’s Participation Act which provides immunity for suits where citizens have created speech protected by the First Amendment.

Those provisions were not enacted by the US Congress or the Illinois State Legislature to be ignored or treated as suggestions, but they are mandates to be followed by every Illinois and US citizen which were passed by our legislators that took care to implement these laws that protect our freedom and democracy.

In its decisions, the ARDC and Tribunal and Hearing Boards consistently misrepresented case law.  A proper listing of relevant Free Speech cases is attached hereto as Exhibit A, filed in the Writ of Cert by Kenneth Ditkowsky in a companion case.

Alvarez –fails to cite the correct standard of when and how government may regulate speech under the First Amendment (content oriented speech is always protected, even if it is false).  Alvarez won his case, despite the fact he completely lied to a wide range of individuals that he was granted a Medal of Honor.   Garrison v. Louisiana – the Review Board fails to cite the correct standard and attorney Garrison won the case, despite the fact he was the counsel of record at the time the statements were made.   Respondent stands as an independent citizen and blogger to the Sykes case. She never appeared on the case.  She appealed her disqualification and Justice Bernstein denied the appeal.  Only problem, Justice James R. Epstein also denied Gloria’s other four appeals, Attorney Schmeidel bragged about it to the trial court judge (who did nothing about his admission of fixing cases), and Respondent reported it on her blogs and to the FBI and now Justice Epstein no longer sits on any Illinois Court of Appeals..   In addition, numerous recent cases are not cited by the ARDC which more closely resemble the current position of the US Supreme Court–Citizen’s United, Loving v. IRS, Ashcroft v. ACLU, Brown v. Entertainment Merchants Association, Gentile, In re Karavidas, Peel v. ARDC, Snyder v. Phelps, etc.. and In re Weddington, citations attached hereto.   The Review Board also failed to consider the Articles by Leslie Salzman, Rethinking Guardianship (again): Substituted Decision Making as a Violation of the Integration Mandate of Title II of the ADA, 81 U. Colo. L. Rev (2010) and The truth be Damned: the First Amendment Attorney Speech and Judicial Repudiation by Margaret Tarkington of the Indiana School of Law, Indianapolis, Indiana.

  1. Case Law Updates:

A more recent article appeared in the Harvard law review at Vol 128:p 183 by Paul Sherman, a senior attorney at the Institute of Justice wrote “Occupational Speech and the First Amendment” which concluded that attorneys should have full First Amendment protection for their emails and blogs.  This article was based upon the case of Rosemond v. the Kentucky Board of Examiners of Psychology (Rosemond v. Markham, 13 CV 42, doct # 48, Memorandum Opinion and Order wherein this court concluded that the Board of Psychologist Examiners had no jurisdiction to regulate Mr. Rosemont’s blog/newspaper column and it was fully protected by the First Amendment. for full case decision.

Likewise, in the case of In re Marriage of Weddigen, 2015 IL.App. (4th) 150044 makes it clear that Mr. Weddigen’s posts on his blog about his court proceedings were in fact protected by the First Amendment, and the trial court judge was wrong to issue gag orders, or request an apology from Mr. Weddigen for speaking out about his divorce case.  The 4th District Illinois Judges made it clear that blogs were to be protected under the First Amendment, and the order of contempt, the purge order and the order requiring respondent to pay petitioner’s attorneys fees were all reversed and remanded with instruction to provide full First Amendment protection to the respondent’s Face book pages. Id. The ARDC, the Tribunal and the Review Board consistently refuse to cite appellate law cases, but instead cling to their own decisions made at the ARDC trial court level – a method not approved of by either the Harvard BlueBook Rules of Citation ( ) or the Standford Red Book Rules of Citation ( ).

The recent Illinois case of In re Marriage of Weddigen, 2015 IL.App. (4th) 150044 makes it clear that Mr. Weddigen’s posts on his blog about his court proceedings were in fact protected by the First Amendment, and the trial court judge was wrong to issue gag orders, request an apology from Mr. Weddigen for speaking out about his divorce case.  The 4th District Illinois concurring Justice made it clear that blogs were to be protected under the First Amendment, and the order of contempt, the purge order and the order requiring respondent to pay petitioner’s attorneys fees were all reversed and remanded with instruction to provide full First Amendment protection to the respondent’s Face book pages. Id.

F Conclusion of ARDC/Mary Sykes Trials

Mary Sykes is now dead and since 2009, no one had done anything to prevent her death–from the ARDC to the Tribunal to the Review Board to the dozens of times it was reported to the FBI.  Dozens of attorneys in positions of power to order investigations, demand Truth and Justice, and all looked the other way while Mary and Gloria Sykes were fleeced of $300,000, plus nearly $1 million in valuable coins, all discovery quashed, all justice quashed.  Mary was further isolated from her beloved Daughter Gloria and 20+ former friends and family, her Norwood Park Garden Club, her card club–all her former activities. She was placed in adult day care with low functioning adults in Naperville instead when in fact she was very high functioning from Dec. 2009 to when she was last seen by her friends and family in July of 2014 when the police illegally destroyed some 45 mins. of video footage.  Despite the fact she was capable of planning gardens, growing seedlings and planting them in the local community garden, playing cards from Rummy to Canasta and Bridge and beating the others she was railroaded in a guardianship without a hearing.  Numerous blog posts on the internet document her guardianship “by deal” between Carolyn Toerpe and Stern and Farenga–no hearing on her competency was ever allowed.  No discovery prior to guardianship was allowed.  The Illinois Probate Act mandates a hearing and the hearing cannot be waived.  The IPA also mandates the disabled person be served only by the Cook County Sheriff or a duly Licensed Process server, which never happened.

 Attorneys Stern, Farenga and Schmeidel admit on the stand they only saw Mary either for a few minutes or not at all (Schmeidel) in 5 years of guardianship.  In June of 2014, she was visited by Respondent, Gloria Sykes, the younger daughter and two close friends Scott Evans and Dolores Evans who had known her for 50 years + and each witness found her extremely competent with higher cognitive level thinking. Respondent had known Mary and Gloria Sykes since about 2005 and frequently walked dogs together and attended parties thrown by Gloria and Mary for all holidays, summer parties and birthdays.  In Dec of 2009, Mary Sykes was shown as being extremely competent with higher level thinking and reasoning in this Vimeo: a Vimeo the Tribunal would refuse to watch, yet numerous probate judges have and have said she is competent.

During Respondent’s ARDC hearing it was brought out that Mary did in fact have a safe deposit box, and the box was drilled out by Carolyn Toerpe, shortly after she was appointed guardian. The box was emptied and the contents never reported.  The ARDC quashed discovery of further information, including video taped evidence of who entered the vault area and what they took out.

The GAL’s say that there were no valuables in the box, but they refuse to allow discovery upon Carolyn or any other third parties who may be witnesses.  Gloria Sykes has numerous receipts for gold coins bought by her father Charles Sykes.  Others in the family have seen the gold coins.  Yet both the ARDC and the GAL’s and Soehlig and Schmeidel crush discovery at every chance possible.

The mantra of “target, isolate, medicate, drain the estate and quickly cremate when the money runs out” cannot continue to be the unofficial slogan of the 18th floor of the Daley center.  The current conditions demand a Federal Monitor at all times, they demand that the Illinois Supreme Court order the ARDC to file its Ethics Reports as mandated by the Illinois Ethics Reporting Act of 2009, as well as the OPG or Office of Public Guardian and allow Denison to serve discovery on all questionable mortgage payments for any Illinois GAL or probate attorney, any OPG attorney, and most of all, the ARDC and Jerome Larkin and Melissa Smart.

Further, the Illinois Supreme Court should have declared Denison a whistleblower and should have protected her. A listing of proper case citations (not the misleading ones cited by the ARDC) is further attached hereto at Exhibit A in support of this Petition..  Copies of the Reports of the Decision of the Tribunal and Hearing Board are also attached hereto.

  1. Synopsis of Infirmity of Judgment by ARDC
  2. i)  The procedure completely lacked in notice and opportunity to be heard


  • Witnesses improperly struck


During the entire ARDC pre trial procedure, a) all of Respondent’s expert witnesses – 5 of them, were stricken by the Tribunal as “not necessary” and the “Tribunal will decide what, if any experts to be used.”  This is absolutely preposterous and is not the standard for a court to strike expert witnesses.  All of the witnesses were carefully chosen, each owned or operated a major probate blog or TV show (NASGA, Probate Sharks, Cooper’s Corner).  No one on the Tribunal knew anything about probate blogs and, it is believed, had not run a blog in their entire lives!  All of the bloggers and probate blogs knew Gloria Sykes and her struggles to protect her own dear mother which ultimately failed.  Other major witnesses were stricken–Gloria Sykes, the younger daughter because “she would not turn over some 20,000 emails since Dec 2009,” yet no other witness on either side had to turn over a single email.  Gloria claimed attorney client privilege and Illinois Reporter’s act privilege. The real unspoken problem is because Gloria was an award winning investigative reporter she might have superior credibility.  Scott Evans was also stricken ostensibly because he knew that “one lawyer was claiming $150,000 in fees”, because earlier witnesses “must have told him this”, yet everyone knew since the beginning of the case that some $150k to $200k was being claimed as attorneys fees in the case by Schmeidel.  The real reason?  Scot Evans took copious accurate notes during almost all the court proceedings and he further had Top Secret Clearance being in Army Intelligence, retired.

  1.  The vast majority of Written Discovery is Stricken or not permitted

In addition, all Interrogatories were voluntarily withdrawn because the ARDC Rules do not permit interrogatories to be served. ( p. 52. Only a handful of Requests to Admit were Answered, and most of these were answered in a highly deficient manner (see, requests for admission, p 2248 of .

Discovery Procedure meant nothing to the Tribunal as they gutted the very essence, spirit and nature of the constitutional rights which Discovery allows every civil litigant.  The ARDC was permitted discovery by Rules, but Respondents are not.  Then, they gutted experts in the area of blogs, and in particular probate blogs, when in fact they appeared to know nothing about the Subject Manner at all. (At one point in the proceedings, one of the Panel Members, who apparently knew nothing about the First Amendment, indeed, he was the public member, asked Respondent if there were not a better way to do what she wanted to do besides run a blog about corruption, as if the First Amendment and news media should be curtailed or directed by the ARDC Court System as long as there was “a better way”).  Whatever that “better way” this panel member was  thinking, while it is facially unconstitutional, no one proffered it any anytime, before or after the ARDC trial.

Five expert witnesses — or all of them to be present by Respondent were stricken by the Panel.  They were all with the major probate blogs (one was a popular local cable TV show) that specialized in probate and corruption and one was a probate law expert.

Respondent was further not allowed to subpoena any witnesses for deposition and was told the Tribunal would let her know who she could depose when the time was proper. (This apparently mean no one at anytime, even though Guardian Toerpe had never been questioned about the safe deposit box, although she had it drilled in April 2010 and emptied the contents and Gloria Sykes would swear or affirm she placed hundreds of thousands of gold and valuable coins in the box)–all of which were missing from all the inventories filed with the court.  In addition, Guardian Carolyn failed to produce any Trust Accounting, although there was a house known to be in Trust, and Estate assets were being used to pay the mortgage and insurance on Mary’s home at 6014 N Avondale Ave in Chicago.  There should have been 5 (five) trust accountings filed, yet no one has been allowed to ask Guardian Carolyn about those assets.

Any lawyer that works for sometime in the area of Guardianship, would realize, even after a cursory reading of the Sykes 09 P 4585 case that there were a number of highly unusual activities in the case that simply ran directly counter to the numerous safeguards of the Illinois Probate Act, namely; Mary was not served, nor were her elderly sisters notified of the time, date and place of hearing for guardianship 14 days in advance; the Guardian, upon being appointed immediately invaded and had drilled out a safe deposit box belonging to Gloria and Mary Sykes allegedly containing hundreds of thousands of dollars in gold coins and no discovery was ever had on this box, nothing was inventoried. Interestingly enough, Judge Stuart would testify as to the correct procedure for invading a safe deposit box held jointly see p. 1315 of where Judge Stuart talks about the proper way to obtain a court orer to drill a safe deposit box with notice to all purported owners.   Moreover, it is standard court procedure to obtain a court order, with notice to all owners, prior to invading joint property. This never happened.  The Director of the USPTO could put a guardianship lawyer on the ROA (Record on Appeal) and this person would have a field day making a list of all the improprieties of the Sykes 09 P 4585.  However, this has been already done to a large part, see the Table of Torts,  I apologized that this document  has not been updated.

And finally, at numerous points in the case, it was admitted that the case was simply fixed.  At p.91 of her deposition, when it was pointed that Mary Sykes was never served with the Summons and Complaint, Judge Maureen Connors merely stated she would have had the case dismissed, then reinstated it and come to the same result.  Judges are supposed to make original decisions with the facts and case law in front of them. Judges are not permitted to dismiss a crooked case and then reinstate it and come to the same decisions.  See, Connors Deposition at  Page 91.

Prior to this, in Mary’s advance directives for her Trust, it said that only her personal physician could make the determination as to when she became incompetent.  He refused to do so.  When Judge Connors was told this, she merely told Atty. Peter Schmeidel, “well then go find a doctor that will.”  This was an incredible example of the worst sort of case fixing–doctor shopping, taking place in open court and clearly against the terms stated in Mary’s Trust.  See —, page 4.

In addition, in one of the court transcripts, Peter Schmeidel states that while Gloria has filed numerous appeals, he has that “taken care of” those with Judge Bernstein (now why he would admit this is open court is a mystery).  Of course Gloria filed about 4 or 5 appeals and lost many on motion practice–all courtesy of “Judge Bernstein”.  Respondent immediately reported this to the FBI and then he was moved to downstate Illinois in a few months, and now he is no longer an Appellate court judge at all.

Judge Stuart would be removed from the bench after she changed her testimony at my trial.  I merely asked her, “Is it true that you had Gloria Sykes chained in your ante room and had your bailiffs threaten to have her pets euthanized at the City Pound if she did not tell you where all her assets were?”  Answer, “of course not.”  I asked then a few other questions and went back to the subject.  Question: “How many people have you chained in your ante room.”  Answer, “you know that was the fir—-.  Let me change that Answer, I have never chained anyone in my anteroom.”  Fortunately, an FBI agent was sitting right behind me in the dead of winter.  While he would not identify himself, he said he was “an observer” for Judge Stuart which is very interesting. She “suddenly retired” in 6 weeks. see, declaration of Respondent, supra.

When the transcripts were received, interestingly enough, this entire section was mangled, despite the fact the court reporter promised me she would not alter the transcript from the true words of the proceeding, she did in fact do so.  The Tribunal was immediately informed and Respondent’s counsel asked for a copy of the audio portion and the Tribunal said “it was not necessary” and covered up the felony of perjury and subornation of perjury.  Why the FBI did not arrest her or the court reporter is unknown, but people are now making vociferous demands to have crooked judges arrested and that day will come.

Finally, the entire verdict of the ARDC tribunal was completely Illegal under Illinois Law. It turns out that the court reporter who transcribed most hearings and all of the trial was unlicensed. (JoAnn Egan) And not just a little bit, but since 1995 or nearly 8 years at the time of trial.

(225 ILCS 415/1) (from Ch. 111, par. 6201)

(Section scheduled to be repealed on January 1, 2024)

 Sec. 1. The practice of shorthand reporting in the State of Illinois is hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the public interest. This Act is designed to encourage proficiency in the practice of shorthand reporting as a profession; to promote efficiency in court and general reporting; and to extend to the public the protection afforded by a standardized profession by establishing a standard of competency for certified shorthand reporters. It is further declared that, in order for the practice of shorthand reporting as defined in this Act to merit and receive the confidence of the public, only qualified persons shall be authorized to practice shorthand reporting in the State of Illinois. This Act shall be liberally construed to best carry out these subjects and purposes.

                (Source: P.A. 83-73.)


(225 ILCS 415/3) (from Ch. 111, par. 6203)

   (Section scheduled to be repealed on January 1, 2024)

Sec. 3. License required. No person may practice shorthand reporting on a temporary or permanent basis in this State without being certified under this Act.


(Section scheduled to be repealed on January 1, 2024)

Sec. 3.5. Uncertified practice; violation; civil penalty.

(a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a shorthand reporter without being certified under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as determined by the Department and the assessment of costs as provided under Section 23.3 of this Act.


(Section scheduled to be repealed on January 1, 2024)

Sec. 3. License required. No person may practice shorthand reporting on a temporary or permanent basis in this State without being certified under this Act.


(225 ILCS 415/13) (from Ch. 111, par. 6213)

(Section scheduled to be repealed on January 1, 2024)

   Sec. 13. No action or suit shall be instituted, nor recovery therein be had, in any court of this State by any person for compensation for any act done or service rendered, the doing or rendering of which is prohibited under the provisions of this Act to other than certified shorthand reporters.

(Source: P.A. 83-73.)

Thus, Illinois law makes it clear that no judgment may be taken where a person who is not a licensed shorthand reporter has recorded a trial.  Joann Egan admits in her declaration at

Hence the judgement at the IARDC was void ab initio and should be reversed by the Illinois Supreme court.

Records from the Illinois Department of Professional Regulation show that the trial court reporter Joann Egan was not licensed and that she was not a court reporter during the numerous hearings and trial dates for 2013 PR 01.  See,

The entire judgement should be stricken in the State of Illinois.

For the USPTO and the General Counsel of the USPTO and the Director of Enrollment and Discipline to enforce and give effect to a “judgment” which is void pe se and ineffective by operation of Illinois law would result in grave injustice.

Hence, Applicant submits her Response to the false allegations contained in the Aug. 31, 2016 are without merit and respectfully moves that the allegations and request for discipline against her for merely running a truthful blog be DENIED.

Respectfully Submitted,


JoAnne M. Denison

Pat. Reg. No. 34,150

Joanne Denison

Justice 4 Every 1, NFP

5940 W Touhy Ave, #120

Niles, IL 60714


ph 312-553-1300

fax 312-553-1307



Bates v. State Bar of Arizona,

433 U.S. 350, 97 S. Ct. 2691,

53 L. Ed. 2d 810 (1977)


Facts:  Lawyer desired to advertise for his law clinic describing what work the law clinic performed.


The American Bar Association itself has a provision in its current Code of Professional Responsibility that would allow the disclosure of such information, and more, [p367] in the classified section of the telephone directory. DR 2-102(A)(6) (1976). [n18]We recognize, however, that an advertising diet limited to such spartan fare would provide scant nourishment.

We suspect that few attorneys engage in such self-deception. [n19]

The alternative — the prohibition of advertising — serves only to restrict the information that flows to consumers. [n30]

As the bar acknowledges, “the middle 70% of our population is not being reached or served adequately by the legal profession. ABA, Revised Handbook on Prepaid Legal Services 2 (1972).

Overbreadth is a strong medicine that must be applied sparingly and only as a last resort.

Holding:  Lawyers have a First Amendment Right to advertise.

Brown v. Entm’t Merchants Ass’n,

131 S. Ct. 2729, 180 L. Ed. 2d 708 (2011)  

Holding:  Violent video games need not display outer package warnings;  strict scrutiny required to any restrictions on advertising of commercial speech.

Citizens United v. Fed. Election Comm’n,

558 U.S. 310, 130 S. Ct. 876,

175 L. Ed. 2d 753 (2010)

The Federal Election Commission could not withhold a scandalous movie made about Hillary Clinton days before the election.  The “strict scrutiny”” standard was applied.

The First Amendment does not permit laws that force speakers to retain a campaign finance attorney, conduct demographic marketing research, or seek declaratory rulings before discussing the most salient political issues of our day. Prolix laws chill speech for the same reason that vague laws chill speech: People “of common intelligence must necessarily guess at [the law’s] meaning and differ as to its application.” Connally v. General Constr. Co. , 269 U. S. 385, 391 (1926) .

Courts, too, are bound by the First Amendment . We must decline to draw, and then redraw, constitutional lines based on the particular media or technology used to disseminate political speech from a particular speaker. It must be noted, moreover, that this undertaking would require substantial litigation over an extended time, all to interpret a law that beyond doubt discloses serious First Amendment flaws. The interpretive process itself would create an inevitable, pervasive, and serious risk of chilling protected speech pending the drawing of fine distinctions that, in the end, would themselves be questionable. First Amendment standards, however, “must give the benefit of any doubt to protecting rather than stifling speech.” WRTL , 551 U. S., at 469 (opinion of Roberts , C. J.) (citing New York Times Co. v. Sullivan , 376 U. S. 254, 269–270 (1964) ).  

We decline to adopt an interpretation that requires intricate case-by-case determinations to verify whether political speech is banned, especially if we are convinced that, in the end, this corporation has a constitutional right to speak on this subject.

We find no basis for the proposition that, in the context of political speech, the Government may impose restrictions on certain disfavored speakers. Both history and logic lead us to this conclusion.

Political speech is “indispensable to decisionmaking in a democracy, and this is no less true because the speech comes from a corporation rather than an individual.” Bellotti, 435 U. S., at 777 (footnote omitted); see ibid. (the worth of speech “does not depend upon the identity of its source, whether corporation, association, union, or individual”); Buckley , 424 U. S., at 48–49 (“[T]he concept that government may restrict the speech of some elements of our society in order to enhance the relative voice of others is wholly foreign to the First Amendment ”)

Gentile v. State Bar of Nevada,

501 U.S. 1030, 111 S. Ct. 2720,

115 L. Ed. 2d 888 (1991)

Facts:  Lawyer made out of court statements during a press conference that he was innocent minutes after his indictment was announced.  Later the Lawyer was found not guilty.  

Public awareness and criticism have even greater importance where, as here, they concern allegations of police corruption, see Nebraska Press Assn. v. Stuart, 427 U. S. 539, 427 U. S. 606 (1976)

The Supreme Court considered whether Respondent’s statements did in fact carry a threat of clear and present danger to the impartiality and good order of the courts or whether they are of a character which the principles of the First Amendment, as adopted by the Due Process Clause of the Fourteenth Amendment, protect.

“‘Whenever the fundamental rights of free speech . . . are alleged to have been invaded, it must remain open to a defendant to present the issue whether there actually Page 501 U. S. 1039 did exist at the time a clear danger; whether the danger, if any, was imminent; and whether the evil apprehended was one so substantial as to justify the stringent restriction interposed by the legislature.'”

Held:  Lawyer’s statements were protected by the First Amendment

Hunter v. Virginia State Bar ex rel. Third

Dist. Comm., 285 Va. 485, 744 S.E.2d 611

(2013) cert. denied, 133 S. Ct. 2871, 186 L.

Ed. 2d 913 (U.S. 2013). 2013 WL 227970611.  Virginia Supreme Court

Facts:  Attorney Hunter was a criminal defense attorney that kept a blog of his winning cases.  Some clients complained that they did not want their cases on his blog because they did not want anyone to know that they had won a criminal case.  Held:  criminal records are public and the blog is protected by the First Amendment, however the case was remanded to explore the imposition of a disclaimer for the blog.

Loving v. I.R.S.,

917 F. Supp. 2d 67, 80 (D.D.C. 2013) aff’d,

742 F.3d 1013

Facts:  IRS sought to expand the scope of its duties to merely collect taxes and they embark on a scheme to license and regulate tax preparers.  Mrs. Loving sues stating this was outside the realm of work granted to them by Congress.  U.S. Supreme Court agrees.  Likewise, the IARDC cannot regulate the media or blogs of attorneys.

Peel v. Attorney Registration & Disciplinary

Comm’n of Illinois,

496 U.S. 91, 110 S. Ct. 2281,

110 L. Ed. 2d 83 (1990)

Facts:  IARDC sought to discipline Mr. Peel for announcing on his letterhead his specialty, which was not permitted by IARDC rules.  Held:  Mr. Peel had a First Amendment right to advertise his speciality, as long as it was not deceptive.

Snyder v. Phelps,

131 S. Ct. 1207,

179 L. Ed. 2d 172 (2011)

Facts: Westboro Baptist Church asserts that it has a First Amendment right to protest “Thank God for Dead Soldiers,” “Fags Doom Nations,” “America is Doomed,” “Priests Rape Boys,” and “You’re Going to Hell”—for about 30 minutes before the funeral began.

Held:  These activities were protected by the First Amendment


United States v. Alvarez,

132 S. Ct. 2537, 183 L.Ed.2d 574 (2012)

Facts:  the US had a strong law against people falsely wearing or claiming war medals under the “Stolen Valor Act.”  The 9th Circuit held the law unconstitutional under the First Amendment and the US Supreme Court Agreed.

Facts:  Mr. Alvarez made statements to numerous third parties that he possessed a Medal of Valor when he in fact he did not.  He pled guilty, with the right to appeal the conviction on First Amendment grounds.  From the court’s decision:

Content-based restrictions on speech have been permitted only for a few historic categories of speech, including incitement, obscenity, defamation, speech integral to criminal conduct, so-called “fighting words,” child pornography, fraud, true threats, and speech presenting some grave and imminent threat the Government has the power to prevent.

Absent from these few categories is any general exception for false statements. The Government argues that cases such as Hustler Magazine, Inc., v. Falwell, 485 U. S. 46, support its claim that false statements have no value and hence no First Amendment protection. But all the Government’s quotations derive from cases discussing defamation, fraud, or some other legally cognizable harm associated with a false statement.

(b) The Act seeks to control and suppress all false statements on this one subject in almost limitless times and settings without regard to whether the lie was made for the purpose of material gain. Permitting the Government to decree this speech to be a criminal offense would endorse government authority to compile a list of subjects about which false statements are punishable. That governmental power has no clear limiting principle. Pp. 10−11.

(c) The Court applies the “most exacting scrutiny” in assessing content-based restrictions on protected speech. Turner Broadcasting System Inc. v.FCC, 512 U. S. 622. The Act does not satisfy that scrutiny. While the Government’s interest in protecting the integrity of the Medal of Honor is beyond question, the First Amendment requires that there be a direct causal link between the restriction imposed and the injury to be prevented. Here, that link has not been shown. The Government points to no evidence supporting its claim that the public’s general perception of military awards is diluted by false claims such as those made by respondent. And it has not shown, and cannot show, why counterspeech, such as the ridicule respondent received online and in the press, would not suffice to achieve its interest.

Held:  even false statements can be protected under the First Amendment

Baskin v. Hale, App. Ct. Georgia

Facts:  Trial court entered an injunction regarding the parties making posts and comments regarding the case on Facebook and stated the parties must refrain from “posting matters about each other or their current litigation on Facebook or other social networking sites.”24 This Court noted that “a trial court can require the parties in a divorce proceeding to refrain from making derogatory remarks about the other before the children.”25

The Government thus carries a heavy burden of showing justification for the imposition of such a restraint.”27 An attempt to effect a prior restraint is subject to “exacting scrutiny.”28 The United States Supreme Court has instructed that: [p]roperly applied, the test requires a court to make its own inquiry into the imminence and magnitude of the danger said to flow from the particular utterance and then to balance the character of the evil, as well as its likelihood, against the need for free and unfettered expression. The possibility that other measures will serve the State’s interests should also be weighed.29 Reviewing the injunction in this case, we conclude that the superior court failed to properly balance the danger flowing from the prohibited speech with the parties’ and attorneys’ First Amendment rights.

As the United States Supreme Court has stated, [w]hatever differences may exist about interpretations of the First Amendment, there is practically universal agreement that a major purpose of that Amendment was to protect the free discussion of governmental affairs. Although it is assumed that judges will ignore the public clamor or media reports and editorials in reaching their decisions and by tradition will not respond to public commentary, the law gives judges as persons, or courts as institutions no greater immunity from criticism than other persons or institutions. The operations of the courts and the judicial conduct of judges are matters of utmost public concern.32

In Re Sawyer, 360 U.S. 622, 79 S.Ct. 1376, 3 L.Ed.2d 1473

Matter of Disciplinary Proceedings against Harriet Bouslog SAWYER,

Petitioner. No. 326.

For many months beginning in late 1952 she participated, in the United States District Court at Honolulu, as one of the defense counsel in the trial of an indictment against a number of defendants for conspiracy under the Smith Act,18 U.S. C. § 2385. The trial was before Federal District Judge Jon Wiig and a jury. Both disciplinary charges against petitioner had to do with the Smith Act trial. One charge related to a speech she made about six weeks after the trial began. The speech was made on the Island of Hawaii, at Honokaa, a village some 182 miles from Honolulu, Oahu, on a Sunday morning.

We think that our review may be limited to the narrow question whether the facts adduced are capable of supporting the findings that the petitioner’s speech impugned Judge Wiig’s impartiality and fairness in conducting the Smith Act trial and thus reflected upon his integrity in the dispensation of justice in that case. We deal with the Court’s findings, not with “misconduct” in the abstract.

We start with the proposition that lawyers are free to criticize the state of the law.

But all are free to express their views on these matters, and no one would say that this sort of criticism constituted an improper attack on the judges who enforced such rules and who presided at the trials. This is so, even though the existence of questionable rules of law might be said in a sense to produce unfair trials.[9] Such criticism simply cannot be equated with an attack on the motivation or the integrity or the competence of the judges. And surely permissible criticism may as well be made to a lay audience as to a professional; oftentimes the law is modified through popular criticism;

The specific statements found censurable (without which the bringing of the charge would have been inconceivable) are not in the least inconsistent with this, even though they must be taken to relate to the trial in progress. These specific statements are hardly damning by themselves, and clearly call for the light examination in context may give them; so examined, they do not furnish any basis for a finding of professional misconduct. She said that there were “horrible” and “shocking” things going on at the trial, but this remark, introductory to the speech, of course was in the context of what she further said about conspiracy prosecutions, Smith Act trials, and the prosecution’s conduct.

Hence, Mrs. Sawyer was allowed to criticize, a law, a decision, a trial and the prosecutor.


Scholarly Articles on the First Amendment and Lawyers



  • Leslie Salzman, Rethinking Guardianship


(Again): Substituted Decision Making As

A Violation of the Integration Mandate of

Title II of the Americans with Disabilities

Act, 81 U. COLO. L. REV. 157 (2010)


    2) The Truth be Damned; The first Amendment Attorney Speech and Judicial Reputation by Prof. Margaret Tarkington


   3)  Harvard Law Review:  Occupational Speech and the First Amendment


Article promotes that lawyer speech should be fully protected under the First Amendment


  4)  Yale Law Review Article:  Professional speech by Claudia Haupft


From Ken Ditkowsky–how a new Yale Law Articles reinforces the First Amendment and occupational speech and the rights of lawyers who can and should speak out against improprieties in the US Court System

Trying to draw a distinction between professional speech and private speech as suggested in the article  Professional Speech

Professional Speech

By Claudia E. Haupt
abstract. Professionals speak in the course of exercising their profession.
is to create a distinction without a difference.   The unexplored portions of the 1st Amendment are an illusion in light of the cases of Citizens United, Alvarez, et al.  Government in America is ‘LIMITED’ and while it is not politically correct to mention that fact we added to our Constitution the BILL OF RIGHTS and every State has adopted something similar.   In `1865 *** with the enactment of the 14th Amendment we made certain that the limitations of the Bill of Rights applied to the States.
Many in our government would like to limit mandates of the First Amendment and create barriers to speaking out against x or y or z, but In Citizens United the Supreme Court of the US ruled that government could not stop political speech or content related speech no matter what its source.   (In Citizens United the SCOTUS is dealing with speech not criminal activity such as bribing public officials)    In Alvarez the SCOTUS made it clear even false speech was protected.   (The Court was not dealing with deceit, misrepresentation or fraud – it was pointing out that ‘fact checkers’ could not bar a citizen would asserting anything he/she desired in the context of political or content related speech – even if it was fraudulent)
A distinction as a “professional speech” is a distinction without a difference – with all due respect.  It is not professional speech for a lawyer to act in concert with a client to defraud.   Thus, when a Guardian ad Litem in the Sykes case asserted without any basis of fact that there were no gold coins in Mary’s safety deposition box she was acting in concert with the guardian who had in fact removed a million dollars in gold coins.  (The GAL had never been to the safety deposit box, had not been present with the box was wrongfully entered, and the guardian has to this day not denied the theft).    The GAL’s act was an acting concert with the guardian – and if the GAL received any remuneration for her assistance *****.
The call for an HONEST INVESTIGATION is clearly protected speech even if it is objected to be such esteemed political elites as Jerome Larkin and the Illinois Supreme Court.
The article refers to the professional requirements of informing a patient of the dangers of an medical procedure  – noting that the First Amendment also protects the Right not to speak.   Requirements of candor, honesty, and truth toward persons receiving professional services is part of the oath taken by lawyers, doctors and other professionals.   It is what makes then professionals.    It is not relevant to the discussion as to the issue of whether a professional can be prohibited by professional associations, Courts, government, or corrupt members of the political and judicial elite from reporting judges who are ‘wired’ or ‘fixed’, judicial proceedings in which civil liberties are abrogated, lawyers who use their position wrongfully, etc.
The Canons of Ethics 8.3 obviates the issue.   It requires the reporting of such wrongful action.  18 USCA 4 places the burden on every citizen to report felonies.   Simply put,  Jerome Larkin and the IARDC can posture all they want – but they have not only violated the public trust, but are acting and continue to act in concert with the criminals who are preying on the elderly and the disabled.    (Ditto for any public official or judicial official who abandons to the public trust to affirmatively aid and abet the criminal enterprise of elder cleansing).   Barring these individuals from public service should be mandatory and must be one of our goals.
Right now the bad guys are in control.   That will not be the case forever.   With the State of Illinois on the verge of Bankruptcy, the State’s fortunes could be turned around quickly by enforcing the existing laws (and particularly the tax laws) against the miscreants who are literally making fortunes by elder cleansing our senior citizens and disabled citizens.    The gross taxes that could be assessed against Jerome Larkin for his 18 USCA 371 violation in the Sykes case alone is $3,000,000 plus interest and penalties!    Why is the State of Illinois not collecting the taxes that he owes!    Attempting to thwart a CALL for an HONEST INVESTIGATION of the elder cleansing frauds, and referring to a blog disclosing criminal corruption of Judges as being akin to “yelling fire in a crowded theater” is strong evidence of Larkin’s corruption!
Ken Ditkowsky
Lawyer suspended for 4 years for speaking out against corruption

From the LAT–how most elderly women live in the US: too poor to retire and too old to work

At the wise age of 79, Dolores Westfall knows food shopping on an empty stomach is a fool’s errand. On her way to the grocery store last May, she pulled into the Town & Country Family Restaurant to take the edge off her appetite.

After much consideration, she ordered the prime rib special and an iced tea — expensive at $21.36, but the leftovers, wrapped carefully to go, would provide two more lunches.

The problem, she later realized, was that a big insurance bill was coming due. How was she going to pay it? Was she going to tip into insolvency over a plate of prime rib?

“I thought I could handle eating and shopping,” she said, “but lunch put me over the top.”

Westfall — 5 feet 1 tall, with a graceful dancer’s body she honed as a tap-dancing teenager — is as stubborn as she is high-spirited. But she finds herself these days in a precarious place: Her savings long gone, and having never done much long-term financial planning, Westfall left her home in California to live in an aging RV she calls Big Foot, driving from one temporary job to the next.

“I want to live life as much as I can. Before I don’t have any.”

She endures what is for many aging Americans an unforgiving economy. Nearly one-third of U.S. heads of households ages 55 and older have no pension or retirement savings and a median annual income of about $19,000.

A growing proportion of the nation’s elderly are like Westfall: too poor to retire and too young to die.

Many rely on Social Security and minimal pensions, in part because half of all workers have no employer-backed retirement plans. Eight in 10 Americans say they will work well into their 60s or skip retirement entirely.

Have you or someone in your family been in this position? We want to hear your story.

Westfall hadn’t planned to keep working. But in 2008, as the U.S. economy spasmed, she lost her home and tumbled out of the middle class.

Today, Westfall is one of America’s graying nomads. Although many middle-class retirees ply the interstates in Winnebagos as a lifestyle choice, for Westfall and many others, life on the move is not as much a choice as a necessity.

Her seven-year journey has taken Westfall to 33 states and counting. She’s worked as a cavern tour guide, resort receptionist, crowd control officer, hustling clerk at an Amazon warehouse. Others like her have cleaned toilets, picked beets, plucked chickens.

Her monthly income consists of $1,200 in Social Security and a $190 pension, plus pay from her seasonal jobs. She owes $50,000 on her credit cards. There’s also a $268 monthly loan payment for her aging rig.

Nearing 80, Westfall suffers daily aches and pains. Big Foot has its own problems: The roof leaks, so do the pipes beneath the sink. The water pump feeding the shower and sink is failing. “One of us is going to give out first,” Westfall says with a laugh. “It’s either me or Big Foot.”

There have been times when she has survived on brown rice and milk — and worried the milk would run out.

Westfall spent the Christmas season of 2014 working at a Fort Lauderdale, Fla., mall for $10 an hour, then hit Virginia for a stint selling photos door-to-door on commission. By May 2015, she brought her roadshow into the Darien Lake Theme Park in upstate New York for a job as a kiddie ride operator. The pay: $9 an hour. The job would carry her only through September.

She untethered from Big Foot the tiny white Smart car she calls Little Tow and set up camp in a field among two dozen other seasonal workers, nearly all of them retirement age. Wearing an electric orange work shirt, she’d soon become known among youngsters there as “the Ride Lady.”

Nearing 80, she suffers daily aches and pains — leg cramps and arthritis and weakness from low blood sugar. Big Foot has its own problems: The roof leaks, so do the pipes beneath the sink. The water pump feeding the shower and sink is failing. “One of us is going to give out first,” Westfall said with a laugh. “It’s either me or Big Foot.”

She avoided disaster after the prime rib dinner by persuading the insurance company to space out her payment in installments. But then that same month, she was caught driving 43 mph in a 35-mph zone. The ticket: $300.

“I could just cry,” she wrote in her journal. “I won’t have earned $300 in all of May. If I can get it lowered to $150, it will still be more than my entire grocery budget. Don’t know how I’m going to manage it.”

For weeks in the spring of 2008, Westfall lingered alone inside Big Foot, parked outside her double-wide trailer in a mobile home park in Kelseyville, a rural town in Northern California.

The furniture was sold, the mobile home up for sale, and Westfall was living in the driveway. She thought about killing herself.

“I had a serious out-loud talk with myself,” she recalled, about how to get out of her financial fix — an unforeseen downturn in a long and independent life.

The New York City native had put herself through business school and had spent time as a bank executive secretary and a museum curator. She’d later started her own interior design consulting firm. That’s when she bought Big Foot, using it as a mobile office to meet clients across California.

Westfall didn’t know it, but she was perched on the fault line of an economic temblor: In a few months, U.S. housing prices would record their largest drop in history.

The Great Recession would hit older Americans hard. Of the 4.7 million home foreclosures from 2007 to 2011, one-third, or 1.5 million, involved people ages 50 and older. Studies show that older single women are the most vulnerable: They make less than male workers, and those that take time off to have children often miss chances for seniority and pay raises.

At the Darien Lake Theme Park in upstate New York, Westfall joins two dozen other seasonal workers, nearly all of them retirement age. But she has long been used to being on her own. In her youth she took solitary road trips into the desert and mountains. But life on the road taught her to be more resourceful, bolder.

Westfall married twice decades ago but never had children, deciding she was at her loneliest with a man in her life. After her retirement in 2007, she had planned on selling the double-wide to finance a lifelong dream: touring the nation from behind the wheel of Big Foot.

She knew the move would be a stretch. The financial fallout had rendered her modest stock portfolio worthless, and she’d never put away much in savings.

The mobile home was worth $40,000, but there was a catch: The trailer park’s new owner had tripled the rent, making it impossible to sell her unit. She reached out to the local senior law center, even her county supervisor, scrambling for a solution.

It was around this time in 2008 that Sheila Faulds died; she’d been a friend of Westfall’s for half a century and she left her $20,000. “Promise me you won’t pay bills with the money,” Faulds had told her. “I want you to buy a car.”

Westfall’s journal oozed despair: Her best friend was gone. And she was stuck: How could she hit the road without selling her double-wide? Her skin flushed with hives. She couldn’t sleep.

“I burst into tears and had a big long whopping cry,” she wrote in her journal. Then she pounded her fists on the sofa until she fell asleep.

She awoke to this thought: There was another option.

With a pad and pencil, she produced a pro-and-con ledger to assess her predicament. On one side of the page, under “Bad,” she wrote, “No money. No job. Insufficient income. Big debt. No place to go. No plans.”

Under “Good”: “Motor home to live in (though part of the debt). Ability to make plans.”

Then she made another two-sided list. One column read, “What have I always wanted to do in retirement?” The other: “How close can I get to it.”

She could hit the road, but she would have to keep working. And just maybe, there might be money for a few nice things. It was all so scary but also a little exciting.

Westfall sold off most of what was left of her belongings and put the rest in storage. Her friend’s gift would launch her life as a road gypsy, and she would leave the double-wide behind without getting a dime for it.

She started Big Foot’s engine, drove down the blacktop driveway and turned right, heading south onto Soda Bay Road and a life as a tumbleweed on wheels.

“I’m not sure if I even closed the gate behind me,” she recalled. “I just drove away.”

Where to go next? Despite hours of phone work, Westfall still doesn’t know whether she’s heading to Maryland for a door-to-door sales gig or to Georgia for a mall kiosk job.

Westfall has long been used to being on her own. In her youth she took solitary road trips into the desert and mountains and once took flying lessons. But life on the road taught her to be more resourceful, bolder.

She once raced north out of Texas to escape a hurricane and rode out the remnants of the storm at a truck stop in Little Rock, Ark. One Christmas in Florida, she scared off a would-be armed robber who accosted her at an ATM, yelling, “I haven’t got any more money, fool.”

Last summer, a few weeks after getting the speeding ticket, Westfall stood in traffic court to fight the $300 fine. She persuaded the judge to reduce it to $75 — but missed a day’s pay to plead her case.

Two months later, in August, she still didn’t know where she’d be working after Darien Lake, and faced yet another nasty choice between need and want.

“I’m beginning to feel ineffectual,” Westfall says. “And I’ve never felt that before. I don’t feel desperate, but I’m getting close.”

Should she go to the dentist, or take a guided tour of buildings designed by her favorite architect, Frank Lloyd Wright? Each cost $100.

She picked Frank Lloyd Wright. Her teeth could wait.

“I believe doing something fun, no matter how frivolous it might seem, is food for the soul,” she said. “You need to feed yourself some pleasure once in a while to keep feeling alive. Otherwise, it’s just drudgery.”

But there is little money to see the sights. She earns too much to receivefood stamps, and a lot of it goes to groceries. She tries to eat organic food, with her low blood sugar. That rules out cheap but filling Big Macs — as well as the food kitchens whose mass-produced meals, she decided, are unhealthful.

She can’t buy in bulk because Big Foot has little storage space. Often, she’s forced to purchase smaller-sized products — at convenience store prices — that fit a smallish RV refrigerator. At laundromats, she tries to keep wash day under $10, always scouting the hotter money-saving dryers.

Her key ring is crowded with plastic discount tags for supermarkets and places like Staples and Books-A-Million.

But Westfall finds that she is now more in debt than when she hit the road. She hasn’t been able to visit her younger sister, Mary Ann, in California since she set out; she can afford to take only the shortest route to the next job, and the jobs haven’t taken her that way. The biggest blow came in 2013 when she faced $8,000 in charges for emergency dental work and rig repairs. It was a gut punch from which she has yet to recover.

She tries to do the repairs herself when she can. One day at Darien Lake, she climbed a ladder to lean over the RV’s roof, looking for the source of a leak that was dripping water onto her laptop. Time was, she’d climb all the way up on the roof to take care of things. But not anymore.

“I’m beginning to feel ineffectual,” she said. “And I’ve never felt that before. I don’t feel desperate, but I’m getting close.”


Wearing an electric orange work shirt, Westfall is known among youngsters at the Darien Lake Theme Park as “the Ride Lady.” On her last day, an hour before the park began shutting down for the year, Westfall has to deal with an irate mother. Later, the six teenagers she’d worked with that summer invite her to Denny’s for a going-away dinner.

Westfall was working her last shift at the theme park on a warm Sunday afternoon in late September. While some co-workers slouched glumly at the controls, she was a blur of activity. Using a stick, she measured each tyke to make sure they were tall enough to ride; she strapped the youngest ones in tightly.

Wearing the leopard-spotted glasses she’d bought at a truck stop, she stooped face-to-face with little ones for conversations that never condescended. Some wrapped her in a spontaneous hug.

They’d ask, “Did you get your glasses at Target?” or “Are you nice.”

Her favorite: “How did you get so old.”

She responded, “By hanging around a really long time.”

Her feet hurt constantly from standing 12 hours at a stretch, six days a week, racking up overtime. On her last day, an hour before the park would begin to shut down for the year, Westfall gently corrected a mother who’d barged into the ride area to check on her child after the security gate was closed. That was her job, Westfall explained.

The mother exploded. She shouted inches from Westfall’s face, spittle flying.

“Just because you’re a miserable old lady with your effing $7-an-hour job,” she hissed. “You don’t have a life.”

As the irate woman was finally escorted away by security, a bystander sent her daughter over with a $10 bill. She said Westfall deserved a nice dinner.

An hour later, Westfall walked to her car, exhausted and preoccupied: She still had not lined up her next job. Suddenly, a small crowd rushed the vehicle, and Westfall tensed: the irate mother again?

It was six teenagers she’d worked with that summer. They rocked her car back and forth, chanting, “We love Dolores! We love Dolores.”

The youngsters pulled Westfall out for a group hug and invited her to Denny’s for a going-away dinner. Her face flushed at this gift of grace. At the restaurant, she laughed along with high schoolers that in another life could have been her grandchildren.

After a waitress dropped off the check, a manager approached and put a hand on Westfall’s shoulder. “So, you’re going to pay for the whole crew.”

The group ignored him and divvied up the bill. Westfall’s portion came to $10; Her AARP card cut the damage to $8 and change.

She walked into the night feeling less alone. Later, she sat at the picnic table next to her rig, one she’d cozied up with a red-and-white plastic tablecloth.


Most of the RVs belonging to other seasonal workers had already departed. On a gray October morning, a flock of geese flew in formation overhead, and Westfall knew she’d have to flee too. Big Foot could never keep her warm in winter, but she couldn’t travel too far south; she knew from experience that south Florida was too expensive.

But where to go? Despite hours of phone work, Westfall still didn’t know whether she was heading to Maryland for a door-to-door sales gig or to Georgia for a mall kiosk job.

Big Foot was another problem. The roof still leaked, and the plumbing was acting up. Thanks to a surprise $1,000 limit increase on one credit card, she had a bit of headroom, but $400 of that was already spent.

The deadline for leaving Darien Lake was the next day. She turned on the kitchen faucet. Water collected in the sink.

A flash of weariness crossed her face. “I don’t like this,” she said.

Big Foot’s roof still leaks and now the plumbing is acting up. “You’re getting damned uninhabitable,” Westfall scolds.

Westfall, in a brown house robe, began once again storing her life for the next move. The driver and passenger seats and floor were stacked with boxes marked “writing,” “receipts,” “credit cards” and “insurance.”

She emerged from the bathroom looking glum: The foot pedal toilet flusher had just broken.

Soon a security guard knocked.

“Hi,” he said. “I just wanted to know when you plan on leaving.”

“Oh, in about a year,” Westfall said with a laugh. “You know, packing one of these is like putting your house on wheels.”

As the afternoon waned, she finished organizing and moved outside. Winding up several hoses, her fingers ached in the cold. Then a brace on the rig’s stairwell snapped. In frustration and despair, she banged on Big Foot’s side.

“You’re getting damned uninhabitable,” she scolded.

With the sun sinking, Westfall drove to a repair shop.

The mechanics confirmed the busted water pump. Without it, she couldn’t save money by parking at truck stops and would have to pay to stay at campgrounds with water hookups.

But the mechanics wanted thousands for the repair. So Westfall did without it, scouting half-price campgrounds while hopscotching south to the Carolinas, where she found a mechanic to fix the pump for $200.

By late October, she was parked at a campsite in Savannah, Ga., her Christmas season working grounds. She was entering her eighth year on the road, ready to start the entire process all over again.

Dinner was back to brown rice and milk. Big Foot’s kitchen sink still drained slowly.

Big Foot and Little Tow at the Darien Lake Theme Park campsite. Westfall is entering her eighth year on the road. Her journey has taken her to 33 states and counting.

More tales from families on the road

Two couples trying to rebound from the Great Recession have hit the road.

Denise and Mark Fuller

After a series of financial setbacks, and hopelessly behind on the mortgage, Mark and Denise walked away from their Oregon home in 2012. “It was scary at first,” Denise, 59, recalled. “But just getting out from under all that weight was a huge relief.” With the help of Denise’s sister, they bought a Georgie Boy Pursuit RV for $22,000, and Denise found websites with seasonal lists of job opportunities. “We could do this,” she thought. “We could travel together.” They joined a tireless workforce of retirement-age Americans doing work they never imagined.

In their seven years on the road, they’ve harvested beets, sorted goods in warehouses, sold Christmas trees. This summer they found a few months’ work in isolated Door County, Wis., where their commute consisted of riding bikes down leafy lanes from their RV parked among the trees. They biked because they had ridden bikes on their first date and liked the exercise. Each day, they reveled in their togetherness despite a fierce financial tailspin that had led to this: cleaning bathrooms at the Wagon Trail Campgrounds.

One Sunday in May at the Friends Community Church in nearby Sturgeon Bay, Wis., Denise comforted a woman who had just revealed she had cancer. Mark and Denise are devoutly religious. He’s a Mormon; she’s a Quaker. He’s a former military policeman with the U.S. National Guard and a gun lover. She has a bumper sticker that says: “Make love, not war.” Yet somehow, they fit. She’d left a troubled marriage and had a grown son; he was twice divorced, with grandchildren. They married in 2008, but as they forged a new life together, their financial house of cards was toppling.

Mark, 61, relies on Denise for much, grateful for her love and her common-sense budgeting. He had never managed his money well. When he met Denise, his ex-wife’s name was still on the title to the mobile home they’d purchased. He borrowed $200,000 to buy her out and pay off some credit card debt. In 2007, he secretly spent $2,000 on a wedding ring for Denise. Days later, he lost his job. But he kept the ring anyway. Then Denise lost the last of several part-time librarian jobs.

Along with his finances, Mark battles emotional demons. He has faced learning disabilities since childhood and eventually discovered that he is bipolar and suffers from post-traumatic stress. “It means I’m screwed up,” he said one day. When he and Denise lost their jobs, she begged the mortgage bank to temporarily reduce monthly payments from $2,150 to $1,500. But the going remained difficult, and a consumer debt advisor suggested they walk away from the house. Mark was aghast. ”That was just unheard of for me,“ he said. Added Denise: ”We were responsible people. We just didn’t see any way out of the financial spiral.”

As Denise pushed a mop inside a campsite men’s room, she talked about music and opera. The former librarian and online editor knows that her current jobs do not define her. The couple’s first-ever seasonal job was at a gun club in California, where Mark was hired as a range safety officer. Denise initially was assigned to distribute targets and ammunition, but true to her Quaker faith, she’s a pacifist and declined. So they handed her a scrub brush. While cleaning restrooms, the smell of urine stung her eyes. “I’ve got a master’s degree,” she reminded herself. “Good thing my old classmates can’t see me now.”

At the campground, Mark and Denise worked six hours a day for $7.25 an hour, the state’s minimum wage, plus free RV parking. In late May, they collected their first paychecks for two weeks’ work: He made $300, she a little less. Their practice is to always take the lesser check and save it for future days on the road. Mark also receives $2,700 a month for his military retirement, along with disability payments and a small IRA. Neither has been to the dentist in three years. It’s a life lived on faith. “We never know where the next job is going to be,” said Denise, “but our faith tells us that there’s going to be work and there’s going to be money.”

Who knew cleaning toilets could lead to personal triumph, a shot to reinvent oneself? But as they look back now, Mark and Denise see that their decision to strike out as aging American nomads made them grow as both individuals and as a couple, allowing a level of intimacy they’d never known before. One day they cleaned a men’s room, working quietly and efficiently. “Where’s the white stuff?” she asked, looking for a cleaner. “It’s on the counter, waiting for you,” he said. There’s a satisfaction in a job well done. “By the time we’re finished with this place,” she said, “I wouldn’t think twice about sitting down and having a picnic on the floor.”

At night, croaking frogs sang a chorus as Mark and Denise settled in after another day’s work, their RV parked beside those of other seasonal workers. In October, they would move south for another gig. Mark has started taking classes to become an on-the-road rig repairman and inspector known as an RV doctor. He sees only open highway ahead, but Denise envisions an end to their travels. She’d like to spend winters working in the Pacific Northwest so she can be close to her aging parents. For now, they forge ahead.

Mary Katherine Nelson and Mark Schweiger

In 2008, amid the nation’s housing downturn, Mary Katherine Nelson and Mark Schweiger struggled to make payments on their home near Flagstaff, Ariz. Mark is a skilled carpenter and former construction-site supervisor who had lovingly added a huge stone fireplace and extra-large closets to keep her happy. But in 2011, they sold the house at a significant loss, a setback that cast them into a subculture of wandering retirement-age couples who travel in RVs from one part-time job to another.

Mark, 65, has rebuilt picnic tables and roofs, worked at a llama farm, dressed pheasants bagged by hunters and inspected RV campsites — all for less money than he ever dreamed he’d accept. In May he began a minimum-wage security job at a private campground in Winters, Calif. “Right now, we have zero money,” Mary Katherine said one day, her thumb and index finger creating a circle. “Zero.” She wiped away tears. “Mark keeps our head above water, right here,” she said, her hand below her chin. “We’d like to be around the shoulders, but we’re at the chin. That’s scary and dangerous.”

Mary Katherine manages the finances and tries to make their rig feel like a home. But she must pace herself. An inner ear problem has caused a 90% hearing loss. Mary Katherine, 65, worked 25 years as a nurse but now suffers from arthritis in her hands and fingers and from fibromyalgia, which causes pain and fatigue throughout her body. “Every time we get a little something, when we get ahead just a little bit, God takes it away from us,” she said. “We hold each other and sigh and say, ‘God didn’t intend for us to have much.’”

Skimpy budgets can lead to friction. One day Mark wanted to cut short a trip to the store, worried he’d be late for work. When he said they should stop shopping, she resisted, saying they would have to pay nearly $4 a gallon for propane at the campground when they could get it at the store for a dollar cheaper. “We don’t have any time for propane,” he snapped. “Well,” she fired back, “if those tanks go dry, we’ll have to pay $3.85 a gallon, won’t we?”

Mary Katherine wandered the aisles of a Northern California grocery store, her wallet full of plastic savings cards. In the meat aisle, she picked up a large package of corned beef and examined the price: more than $23. She dropped it with disdain. At the checkout, she nervously asked the cashier which savings cards they accepted. “Don’t worry about it,” the woman said. But she does worry.

On his security rounds, Mark described his “stolen retirement.” He blamed the banks for triggering the 2008 housing collapse, then complained that the government bailed out Wall Street but not homeowners. “Rather than spread the money evenly among taxpayers who had lost everything, the politicians gave it to the thieves,” he said. Mark dreams of driving a mule team across America, all the way to Washington, with a banner: “I’m mad as hell and I’m not going to take it anymore.”

After they sold their house, they paid cash — the last of his retirement nest egg — for the RV because they didn’t want to be beholden to any more banks. Months later, they bought a diesel truck at an auction. Then its engine blew. Cost: $18,000. The bills never stop coming. In May, with no telephone reception in the campground, they got a $300 smartphone for a link to the outside world. Then the truck needed a radiator and two tires.

He’s a bit of a dreamer, dabbling in nature photography, fly fishing and gold panning. She’s more of a realist. Before she met Mark, she had raised three kids on a single income. These days, Mary Katherine tries to keep their financial predicament in perspective. “I have a warm bed,” she said. “I have food. I have water. I have so much that people in the Holocaust didn’t have. Surely I can survive one more day. If they did, so can I.”

Design and development: Stephanie Ferrell and Sean Greene. Lead photo caption: Dolores Westfall, 79, sits behind the wheel of her aging RV she calls Big Foot. She is one of America’s graying nomads, for whom on the move is not as much a choice as a necessity.



NEW–Horror forms for Divorce Theft of Assets, Custody, Guardianship, State Kidnap, Medical Kidnap and General Kidnap

Please see my new forms and fill out and return to me via, facebook or any social media account of mine.

You can view and fill them out as a copy on Google Docts which accepts most word processing programs and it’s free.

I will be putting up a page on this blog and Justice 4 with these forms also.

Coming up:  make an appointment for your book or blog post on

I will soon post the link



From Randy Robinson–a new petition from Move to stop stealing our loved ones and isolating them.

Randy Robinson

9:23 AM (10 hours ago)


Probate courts and professional Guardians are stealing senior citizens and disabled people Estates and isolating them from their family members. Taking away their civil rights. This has affected me personally and others I know.

That’s why I created a petition to The Michigan State House, The Michigan State Senate, Governor Rick Snyder, The United States House of Representatives, The United States Senate, and President Barack Obama, which says:

“Time to end Guardian abuse that takes away the Civil Right of seniors and disabled people the courts are corrupt and stealing the seniors life savings and the states. The Guardians are isolating family members this must be stopped.”

Will you sign this petition? Click here:


From Ken Ditkowsky–Affidavit on the Status of Guardianship in the US

Kenneth Ditkowsky, a citizen of the State of Illinois, pursuant to statute and pursuant to the penalties of perjury do affirm that of my own personal knowledge I make the following statement which I forward to ********* to use as they deems appropriate, to wit:
1)       That I am legal resident of the State of Illinois who on November 28, 1961 was admitted to the Bar of the said State.   From that date forward for the next half century I practiced law in the Courts of the State of Illinois and the several states.    My practice included appearances before the Supreme Court of the State of Illinois and also the Supreme Court of the United States.    I was the lead attorney in numerous trials including many that were presented before juries.
2)      That during the course of my practice I had occasion to represent clients both in trials and in negotiation in many practice areas quite successfully and to in particular observe the proceedings of the many divisions of the Circuit Court of Cook County, Illinois.    In addition, I had occasion to obtain first-hand knowledge of legal proceedings in the several States of the United States of America.
3)      That as part of preparation to represent a client, an attorney not only studies the law, but investigations of others in regard to the subject.      In the Federal Jurisdiction FRCP 11 governs the nature and extent of the preparation required, and in State Court (Illinois) Rule 137 requires attorneys to investigate the facts for veracity prior to filing any documents that depend upon the relevant facts.[1]
4)      That in the year 2010, in the course of my practice of law,  I was consulted by friends and neighbors of an Illinois citizen by the name of Mary Sykes.    Ms. Sykes had previously been a client of mine in a defamation lawsuit.    The citizens who consulted me were concerned that Mary Sykes had been taken advantage of by the appointment of a guardian for her by the Circuit Court of Cook County, Illinois.  The case number was 09 P 4585.    Details of the file are recounted in detail on MaryGSykes, Probate Sharks, and NASGA blog.   These details are incorporated by reference and made part hereof as if set forth in detail.    The aforesaid details are in addition recounted in detail of record in my Petition for Certiorari filed in the Supreme Court of the United States of America on June 6, 2014.    This filing is incorporated by reference and made part hereof as if set forth in detail.    The statements made therein are true and correct.
5)      That Illinois, like every other State in the Union, is limited in its jurisdiction by its Constitution and the First Ten Amendments (plus the 13th and 14th Amendments) to the Constitution of the United States of America.   These limitations are referred to as the Bill of Rights and guarantied by Law so that every citizen of the United States is granted and is to be protected by the powers of the said United States of America from oppression by the Government of the State and the Federal Government.    These rights are the core values of America[2].
6)      In particular, the elderly in America are protected by specific laws including the Americans with Disabilities Act.    This Act was passed by Congress to facilitate the plight of the elderly and disabled and make certain that they could enjoy EQUAL PROTECTION OF THE LAW.
7)      Here in Illinois in an effort to facilitate the EQUAL PROTECTION OF THE LAW for disabled people, the Legislature of the State of Illinois has enacted 755 ILCS 5/11a – 1 et sequence.    A statement of purpose is found at 755 ILCS 5/11a – 3.      This statement of purpose provides that a person subject to the act is to be given assistance by government to the extent of his/her disability so that the said person can enjoy the full spectrum of services and enjoyment of the United States of America and the State of Illinois.
8)      That in derogation Article 1 of the Illinois Constitution of 1970 and the Bill of Rights of the Constitution of the United States of America certain elected and appointed officials of the State of Illinois have taken it on to themselves to us the guardianship law, i.e. 755 ILCS 5/11a – 1 et sequence for the illegal purpose of exploiting and abusing targeted senior citizens.    The activities of these public officials include but is not limited to serious violations of human life which in many situations cause very painful deaths for the targeted individuals.
9)       That unfortunately the scenario of exploiting and abusing targeted senior citizens, which I have dubbed as Elder Cleansing, is widespread and not limited to Illinois.     It is an accepted practice in many States of the United States of America, including but not limited to Illinois, Florida, California *****.   
10)   That I have personal knowledge of three represented cases, to wit:       Robert Jaycox[3].
a.       By law and by practice individuals who need extended care for illness are no longer kept for the duration of the care in Hospitals, but are sent out to various nursing homes.      These nursing homes are supposed to provide ‘skilled nursing care’ including monitoring the recovery by doctors and other medical professionals.
b.       Mr. Jaycox had been diagnosed with severe pains in his back and legs and after “treatment” at Chicago’s Swedish Covenant Hospital, he was transferred to an extended care facility (nursing home) to allegedly foster his recovery.    It is believed and therefore alleged that several factors contributed to Jaycox’s malady.     Jaycox was a fraud victim and lost most of his life savings in the fraud. It is possible that there might have been a psychological element to his problem; however, an examination of the literature that accompanied some of the drugs administered indicated that these drugs had he very side effects, i.e. severe pains in the back and legs, that he was specified as his primary malady.   
c.       That because of his poverty (due to the Fraud), Jaycox was unable to pay the costs of incarceration in a nursing home.   The Administration of the facility had a remedy.   The contacted to Office of Public Guardian and with their help and assistance a Petition was filed in the Circuit Court of Cook County alleging that Jaycox was totally incompetent and totally unable to address either his personal or pecuniary affairs.    Thus, the facility sought a guardian be appointed.   Of course this guardian would use whatever funds were available to pay the nursing home and their charges.   
d.       As Jaycox was not incompetent, 755 ILCS 5/11a – 1 et seq. did not apply, however, in the corruption encased world of Chicago, Illinois a physician was engaged, who claimed to examine Mr. Jaycox and under oath furnished the nursing home with an affidavit that in words and phrases stated the Mr. Jaycox was totally unable to care for himself and lacked the totally mental capacity to take care of his finances.     Guardian ad litem was appointed the Court and claimed to have done a personal investigation and confirmed that Mr. Jaycox lacked all mental capacity.    The professionals involved knew or should have known that the statements in the Petition were fabricated and false.[4]
e.       Mr. Jaycox’s friends knew that the verified Petition filed by a nominee for the nursing home was totally false requested that I look into the proceeding.    I filed an appearance and asked for a hearing.    The case was assigned to a Probate Judge (Judge Quinn) who set a hearing date.   
f.        Fortuitously, immediately before the hearing date, Mr. Jaycox had an accident.    He fell out of his hospital bed at the nursing home and broke his hip.    The hearing had to be postponed.      Subsequent hearing dates were postponed for Jaycox to have surgery and respond to various maladies; however, he was dragged into a hearing directly from the recovery room of the hospital.  The emergency nature of the proceeding required Court proceedings so that the nursing home could make applications to the United States of America for payment of Mr. Jaycox’s health care costs.    (The Guardian ad Litem had echoed the incompetency claim based upon his visit to Mr. Jaycox and it was a foregone conclusion that Mr. Jaycox was totally incompetent and the hearing was a ethically challenged affair.     Thus, the treating physician was called as the petitioner’s witness to testify as to Jaycox’s lack of capacity to take care of himself or any property he might have – including the health care payments that the United States of America provides.   The Petitioner had a problem presenting his case in chief, and by agreement the Judge was allowed to do the direct examination of the treating physician.[5]
g.       The treating physician testified in some detail as to Robert Jaycox’s medical examination and the reported results.     The witnessed as an expert witness was allowed to express the opinion that Robert Jaycox was totally and completely disabled and not able to act for himself either as to his person or his property in any way whatsoever.      The witness was then turned over to me for cross examination.
h.       In Illinois (and in most States) medical treatment cannot be administered without “knowledgeable patient consent”    Mr. Jaycox had just been subjected to an medical procedure (and operation on his hip) due to breaking his hip falling out of his hospital bed and the nursing home.    Thus, on cross =examination I produced the patient consent form that had been signed as a prelude to the just completed hip operation.   My question to the doctor required him to inform the court as to what “competent” individual had just consented to the operation.    Of course Mr. Jaycox had given his informed consent by placing his signature on the form which was respondents exhibit 1.  thereupon had consented.      The doctor tried to backtrack on his testimony, but, it was obvious that he had just committed perjury and the guardian ad litem and other Court and health care officers had subordinated the perjury.   The hearing ended abruptly and was continued into perpetuity.   The felony was never prosecuted or pursued.
i.         Within hours after the failed hearing Robert Jaycox contacted an incurable disease – Aspirated Pneumonia –  solid particles of unknown origin and structure appeared in his lungs.    Feeding a patient in a prone condition will accomplish this result.    In point of fact, Robert now was totally helpless and without fanfare a guardian was appointed.   Robert died in secret and was quickly cremated.     The nursing home was generously compensated for its health care services.   
11)   Alice Gore:
a.       That Alice Gore case was not one of mine, and the information I obtained concerning it was garnered from discussing the case with one of the attorneys for the Bank that ultimately closed the Estate, from reading accounts of the case from the Court file, individual investigation – as would have been required pursuant to Rule 137,  and from the blog Probate Sharks.
b.       Alice Gore was an elderly widow.    The guardian ad litem in her case was a lawyer with very strong ties to the Morris and Philip Esformes business enterprises.    She also had strong political ties in Chicago and is a regular in the Probate Division of the Circuit Court of Cook County, Illinois.     Upon information and belief from very reliable sources and for personal experience in dealing with her,  it is alleged that the Guardian ad litem  directed the perfidy committed in the Alice Gore case,  including the appointment of a plenary guardian who had severe mental problems herself and was in need to serious medical help.     This plenary guardian was literally led by the nose into acting in concert with the guardian ad litem to isolate Gore from her prior life, her family and those people who she cared about and were concerned for her.    In addition this guardian ad litem appeared in Court before a patently corrupt Judge and obtained Court orders that assured for not only the theft of Gore’s assets, but her being placed on a feeding tube and drugs that were reasonably calculated to render her a member of the living dead.  
c.       1.5 million dollars in assets was available for the taking and such taking was accomplished.    Responsible and caring family members were excluded from Alice Gore’s life by the guise of claiming that they agitated her by their presence, were stealing or otherwise dishonest in their dealings with Gore and/or constituted a threat to her.    These averments were untrue; however,  in a ‘wired’ Court proceeding[6]  it facts did not have to be proven – the statement of the guardian ad litem was sufficient to obtain a court order.     The family (and all who cared for Mrs. Gore were thus excluded from Mrs. Gore’s life. 
d.       The victim (Alice Gore) had no future life!   She was warehoused until every possible dime was removed from her Estate and then eliminated (killed).    So complete was the quest for riches that even the body of the victim was not secure.    In the Alice Gore case 29 teeth were extracted so that the grains of gold in her teeth would be reclaimed.   Once the last grain of gold was removed, Mrs. Gore died = the family was not notified and for days she lay dead and uncared for.    
e.       In spite of calls by the family and friends for an HONEST INVESTIGATION of the perfidy that occurred in the Alice Gore, there was no investigation.    The final accounting was fiction.   The murder of Alice Gore was never prosecuted, nor were the other felonies.   In fact the cover-up still continues on to this day.
12)                      Mary Sykes
a.       Few people reach their late 80’s and early 90’s continue in a vigorous state of life, however, Mary Sykes in fact was such a person.     See:   Gloria Sykes and Scott Evans affidavits filed with the Illinois Attorney Registration and Disciplinary Commission cases of Kenneth Ditkowsky and JoAnne Denison.   See also MaryGSykes blog all of which are incorporated by reference and made part hereof as if set forth in detail.[7]
b.       Mary discovered that her older daughter had stolen approximately four thousand dollars from her, confronted her daughter and when she felt herself threatened made application in the Circuit Court of Cook County for a protective order.   As Cook County is infamous for its corruption, mysteriously proceedings popped up in the Probate Division that claimed that Mary Sykes was incompetent and unable to address her personal matters as well as her financial affairs.     The fact that Mary traded regularly with local merchants purchasing sundries, was running a small business (doing contract sewing) was aware of her financial affairs enough to know and understand that her older daughter had stolen four thousand dollars from her, and had tricked her into signing testamentary documents that literally favored the older daughter, were all ignored.    In addition the Petition was fatally incomplete and did not have the doctor’s certification of any incompetency by Mary.    Her doctor refused to sign such a false affidavit.     The probate case was assigned to Judge Maureen Connors.     Two guardian ad litem were appointed.  Cynthia Farenga, and Adam Stern.    These two guardians were assigned to the case to be the eyes and ears of the Court and to determine that a guardianship of Mary Sykes was necessary[8].
c.       The court proceedings were a sham.    All the protections of the Constitution of the State of Illinois and the United States of America were ignored.    The Sheriff of Cook County has by letter denied ever serving summons on Mary Sykes.   
                                                               i.      The Court file indicates that both guardian ad litem and the court were aware that the Petitioner for guardianship had removed Mary from the County of Cook; however, service of summons was directed to an address in Cook County.    Summons is necessary in all Court proceedings to garner personal jurisdiction over a respondent or defendant.
                                                             ii.      Because the United States America claims to believe that every citizen is entitled to due process – i.e. notice and hearing of any proceedings that affect his/her rights – and if indeed a respondent is incompetent, the service of documents would be a meaningless act.    Ergo, 755 ILCS 5/11a – 10 requires that near (or close) relatives be notified so that no one is railroaded into a wrongful guardianship.      Thus prior to a hearing on competency family members much be notified of the hearing.
                                                           iii.      As a guardianship requires that certain rights of citizenship be taken from a citizen and transferred to a guardian a hearing must be held to determine what, if any, rights can be infringed.  755 ILCS 5/11a – 10.    Thus by statute not only must there be a hearing but a this hearing the petitioner must prove by clear and convincing evidence that the individual is not competent and the specifics as to the competency.     The Court file demonstrates no evidence of any hearing ever being held as to Mary Sykes incompetency prior to her rights being forfeited.[9]       
                                                           iv.      The Judge, knowing that Mary was no longer either voluntarily or involuntarily in Cook County, Illinois appointed (sans prior notice or hearing) the very daughter who had been the subject of Mary Sykes Petition for a protective order was appointed a plenary guardian.    Mary was then and there spirited out of her former life, her church, her garden club and all that made her unique.    Visiting with her younger daughter was denied – some guardian ad litem reported to the Court that visits with Mary’s family agitated her, and Judge Connors immediately ordered supervised visitation[10].    It is believed and therefore alleged that a company controlled by the Esformes cartel was appointed to do the supervision.   Thus visitation and contact were removed.[11]
                                                             v.      Citizen Scott Evans reported that he ferreted out the location as to where Mary Sykes was being incarcerated and found that vibrant Mary Sykes was confined to a ‘adult day care center.’    This facility’s occupants were reported to be all doped up and sitting like zombies at the facility either unwilling or unable to engage in any communication whatsoever.   These individual were observed by Mr. Evans as mostly starring off into space.    Mary, while not in a zombie state appeared to be in total isolation.    Such was Mary Sykes’ future.
                                                           vi.      Systematically, Mary’s estate was looted.    According to the affidavit of younger daughter Gloria Sykes she and her mother (Mary) had joint ownership of a safety deposit box at a local financial intuition.      Therein was stored hundreds of collectible gold coins.    It was estimated by Gloria that these coins totaled in value more than a million dollars.     The safety deposit box was breached and the coins disappeared.    The guardian has never denied the theft; however, the coins were not inventoried.[12]     When the issue was raised, Guardian ad Litem Farenga vigorously denied that any such coins existed.   However, Farenga had to admit that she had not been with the guardian when the safety deposit box was breached, and she had never been to safety deposit box.   (Gloria Sykes’ affidavit attests to contents of the safety deposit box and Mary’s sister who had been to box in open court protested the Guardian ad Litem’s statement and even described the container in which the coins had be placed.      Other assets of Mary Sykes totaling approximately 3 million dollars were never inventoried and are believed to have found their way into the exchequer of various corrupt public officials.
                                                          vii.      Efforts by family and friends to extricate and/or free Mary Sykes from her kidnappers were thwarted.      Mary was kept in virtually total isolation unable to communicate by telephone or otherwise with family, friends or others who had been part of her prior life.
                                                        viii.      Ultimately, Mary Sykes was placed in a nursing home.    It is reported that Adam Stern (one of the two guardian ad litem) had a pecuniary interest in the facility.[13]   In this facility all efforts of contacting Mary or visiting her were thwarted.
                                                            ix.      All attempts by the people who loved Mary Sykes were repulsed by the Court, the two guardian ad litem or the guardian herself with the aid of the local law enforcement authorities.   Evidence of the deprivation, neglect, and other torture inflicted on the innocent elderly was systematically destroyed by the combination of the Court, court appointed miscreants, or the law enforcement authorities acting in concert.   Attorney JoAnne Denison took pictures of Mary on her cell phone.   Under threats of arrest Ms. Denison was reported to have been forced to delete the photographs.
13)   That Lawyers are required by Rule 8.3 to report criminal conduct by public institutions and other lawyers; however,  public officials, many of whom are believed and therefore alleged to have and are receiving remuneration, have joined in a 18 USCA 371 conspiracy to ‘cover-up’ the torture, exploitation, abuse, and deprivation of the elderly and the disabled in the United States of America and in particular Illinois.[14]      Lawyers who take their citizenship and their oaths as lawyers seriously are immediately in disrepute in Illinois (and many other States).
14)   Lawyer JoAnne Denison and myself called for an HONEST INVESTIGATION OF the Elder Cleansing scandal that is the corpus of this affidavit.     The net effect was that at the request of the two guardian ad litem and other corrupt public officials Disciplinary proceedings intended to silence both of us were commenced.    In my personal situation, as part of my Federal Rule of Civil Procedure pre-trial investigation I wrote to the guardian ad litem and others for information was to Mary Sykes’ competency and other facts required by rule.    This inquiry was mandatory and had to be done prior to any Court papers were filed.   No sooner had I made a request for the preliminary information required by Court Rule, Adam Stern, Cynthia Farenga, and the attorneys for the illegally appointed guardian ad litem went before the corrupt jurist assigned the Mary Sykes case and sought sanctions against me for filing false pleadings (Rule 137).    It did not bother anyone that I had not appeared as an attorney in the case (as yet) or that I filed any pleadings whatsoever.    The judge, who in her evidence deposition admitted to her corruption and being “fixed”  found me guilty of State Court Rule 137 and set a later date for assessment or sanctions (a fine).      Because,  I continued to investigate the facts of the Mary Sykes elder cleansing the fact that the Circuit Court lacked jurisdiction over me did not move the Corrupt judges involved the Cook County elder cleansing scandal to sua sponte dismiss the Rule 137 proceeding.     In fact, a year later a year for a judge who had been removed from the criminal court bench and reassigned to the Probate division in relation to a police assault case scandal, garnered the courage the courage to enter a final order assessing a sanction against me of about $5,000.00.   When the jurist made the assessment I took an Appeal to the Appellate Court of Illinois and was quickly exonerated.     As reprehensible as it was in Illinois for an attorney to comply with Rule 8.3 and refuse to be silent when a citizens was being deprived of her basic Constitutional Rights, the Court had no choice by dismiss the Rule 137 sanction order for lack of Jurisdiction.  
15)   The failure to intimidate me and the vacation of the absurd and totally illegal sanction required more drastic action.        The elder cleansing process as to Mary Sykes was well underway.  Over a million dollars had been redistributed and arrangements for expropriation of the Real Estate in which Mary had an interest was well underway.      The younger daughter of Mary Sykes had been demonized, humiliated and neutralized into total ineffectiveness, thus, the only obstacle to the elder cleansing of Mary Sykes were Attorneys JoAnne Denison and Kenneth Ditkowsky (your affiant).     This process commenced with Cynthia Farenga writing an ex-parte letter to co-conspirator Black pointing out that the Blog Probate Sharks contained a reprint of a demand by Attorney Denison and myself demanding an Honest investigation of the elder cleansing of Mary Sykes.    The subsequent discovery that I had exercised my First Amendment Right and had written to the Attorney General of the United States requesting an Honest investigation was the straw that broke the camel’s back and I was accused of ethical violations.    
16)   Proceedings before the Illinois Disciplinary Commission (IARDC) are amazingly violative of every concept of American Justice in that even though it is advertised that the commission and in particular Mr. Larkin had to prove his claim by clear and convincing evidence, such is not the case.    Whatever fantasy Mr. Larkin might have is not only the fact but the decision of the (IARDC) commission and the Illinois Supreme Court.    Exculpatory evidence is routinely excluded.   For instance, the Court File in the Sykes case was subpoenaed by not produced – by rule of the commission it was not produced.   Producing it would have demonstrated that the due process rights of Mary Sykes had been totally violated and her torture was without sanction of law[15].    It also would have produced unequivocal evidence that Jerome Larkin and the disciplinary process had not only lied, but had unilaterally abrogated Article 1 of the Illinois Constitution and the Federal Constitution.     By sheer obfuscation and a prevarication by the commission wrongful results aimed solely at intimidation and creating a wall of silence were created and used in a so far unsuccessful attempt at silencing Ms. Denison and myself and our demand for an HONEST INVESTIGATION.   
17)   No facade was too obscure or wrongful for Mr. Jerome Larkin and the Illinois ARDC and Illinois Supreme Court to indulge in its ‘cover=up’ and promulgation of the War against the Elderly and the Disabled.      JoAnne Denison’s blog entitled MARYGSYKES was deemed to be akin to ‘yelling fire in a crowded theater’ and she received an interim suspension of her law license and a 3-year suspension of her law license.   
18)   The Estate of Mary Sykes is depleted by the theft of an estimated three million dollars.    I received a four-year suspension of my law license and JoAnne 3 years.     We are set out as examples of what will happen in the United States of America if a LAWYER complies with Rule 8.3 and directly or indirectly interferes with the isolation of a targeted senior citizen during the process of selective abuse, torture, and similar endeavors while the victim is being separated from his/her life savings, future, humanity, dignity, and civil rights.
19)   Further I sayth not, except to incorporate by reference the four Government Accounting Office reports to Congress and the contents of the blogs Probate sharks, MaryGSykes, NASGA, AAAPG and similar blogs being published on the internet.
Signed – Kenneth K Ditkowsky pursuant to Statute and penalties of law.

[1] Rule 8.3 of the Rules of Conduct required that an attorney who has knowledge of a crime or other misconduct by an attorney report the same to law enforcement authorities.    18 USCA 4 requires citizens to report felonies to law enforcement.    The felonies of elder cleansing are as a matter of law required to be reported to Law Enforcement.    Elder Cleansing as I use it is defined as the use of the Courts of the State, or other judicial proceeding to isolate a victim (usually a senior citizen or a disabled person) so that the said victim can be deprived of some vest right.   The vested rights are defined in Article 1 of the Illinois Constitution and the Bill of Rights (First ten amendments to the United States Constitution) and include abuse, exploitation i.e.  deprivation of liberty, property, humanity, life savings and life in the broadest interpretation.       
[2] The appointment of a guardian is recognized by every state as an infringement of the Rights, privileges and immunities of American citizen.    In Illinois 755 ILCS 5/11a – 3 makes very specific the purpose of guardianship and limits the powers of a guardian so that any degradation of these inalienable rights is strictly limited.     Any limitation beyond that which is absolutely necessary is a violation of the 13th and 14th Amendments, as well as the specific prohibition of 42 USCA 1983.      For said reason the burden of proof for the appointment of a guardian is “clear and convincing” and the powers granted are by law required to be strictly limited.    Unfortunately, the corruption found in certain State Courts (usually the probate division) has turned these courts into vehicles designed to abuse and exploit the targeted victims of ‘elder cleansing’ for profit.    When the targeted individual is no longer profitable for the miscreant elder cleanser, the said individual is put to death.     The interim period between the appointment and the death usually subjects the victim to horrible torture that includes but not limited to mistreatment, exposure to injury, isolation, administration of dangerous drugs, and other inhuman treatment.  
[3] Robert Jaycox’s ordeal is an example of the unholy alliance between the Court, the health care provider (in this case a nursing home), and the assertion of absolute power over an individual in the elder cleansers quest for Federal (and State) funds.    The recent indictment of Philip Esformes in the Federal Court sitting in the Southern District of Florida demonstrates the pecuniary opportunity that exists for the ‘elder cleansing’ miscreants.    Mr. Esformes is appropriate accused by the United States of America of stealing a billion (1,000,000,000) dollars in Medicare funds.    To obtain these health care funds the citizens who are tortured by the felonies of elder care such as described in this affidavit are subjected to total deprivations of all rights that a civilized society has to provide its residents.      Mr. Esformes was able to steal the billion ($1,000,000,000.00) dollars using about 30 nursing homes located in South Florida.    Esformes and his 18 USCA 371 co-conspirators are believed and therefore alleged upon reliable information and belief to have control of hundreds of nursing homes engaging in the very same illegal procedures, felonies, and other conduct literally depriving senior citizens of life, liberty, and all rights afforded humans in civilized societies.
[4] The procedure followed in the Jaycox case is very common.     It has been alleged by reliable investigators  that to miscreant operators of one set of nursing homes obtained residents for the nursing homes that he operated by literally kidnapping homeless people, having them declared incompetent by the Courts so that the guardians can direct Federal and State health care funds to the nursing home operation.    
[5] This procedure is unusual and not appropriate, but, I consented to it because I was aware of a serious indiscretion by the doctor that would not only prove that Mr. Jaycox was competent, but, that the doctor in his affidavit had committed perjury.   
[6] A wired court proceeding is a proceeding in which the result of the hearing is predetermined sans evidence.   The Judge’s decision has been guaranteed.      Sometimes the guarantee is in the form of remuneration and other times it is much more subtle.    The Judge is “king” in his/her courtroom and has absolute power.   Great discretion is allocated to the judge, especially in these social service cases, to act in the ‘best interests of the respondent.’    When a respondent has 1.5 million dollars that can disappear without a trace *****.    In the Sykes case, the Illinois Attorney Registration and Disciplinary Commission (IARDC) took the evidence deposition of Judge Maureen Connors and at page 91 she actually admitted that her decision was predetermined (‘wired’) So routine is this situation in these guardianship cases that the Judge was elevated from the probate division of the Circuit Court to the Appellate Court of Illinois.   The admission made absolutely no impression on the IARDC, the Supreme Court of Illinois etc.   One of the two guardian ad litem described the Constitutional protections provided all citizens of the United States by the Federal and State Constitution as “technicalities”     Calls for an HONEST INVESTIGATION by me were greeted with Disciplinary proceedings instituted by the IARDC.
[7] On the MaryGSykes blog are videos of Mary taken after she was illegally declared incompetent – the guardian and in particular the two guardians’ ad litem tried to suppress these videos as they demonstrate that Mary Sykes knew the object of her bounty, the extent and nature of her estate and could perform not only simple but rather complex business transactions.    Mary even though declared by Court order (obtained without jurisdiction and without hearing) to be incompetent, Mary in the opinion of counsel had the full capacity to make a will.
[8] Contemporaneously with the subversion of Mary’s Petition for an Order of Protection, Mary was – according to Mary – removed from Cook County and moved to the neighboring county of DuPage.     The Petition for adjudication of incompetency is required to have the venue of the county in which the respondent resides.      The Petition also must disclose ‘close’ or ‘near’ relatives.     The Petition did not disclose Mary’s two sisters with whom she was very close.     In addition neither sister (or Mary’s younger child) was give notice of any hearing on Mary’s incompetency.    In fact no hearing was ever held prior to the a guardian being appointed.
[9] I have been informed that in an effort to intimidate Gloria Sykes (the younger daughter of Mary Sykes) a corrupt Judge (Judge Stuart) had Gloria Sykes chained to a chair and threatened with the death of her service animal, incarceration etc. – it is also believed that a physician who never met or examined Mary perjured himself in a mock hearing – exactly what he said cannot be reliably ascertained.   This alleged proceeding took place years after Mary Sykes was removed from her home in Cook County Illinois and isolated from her family, friends and prior life.
[10]  The proceedings in August 2009 involving the appointment of a guardian were significant in that the treating doctor who Mary regularly sought medical care from refused to testify that Mary was incompetent.   This technicality presented a problem – without the perjury of a medical professional Mary’s assets could not be legally confiscated.    The Court transcript reveals that the Judge facilitated and a Guardian ad litem  referred the Petition for a doctor who was available to allegedly perjure himself so that the Court record could contain an affidavit as to Mary’s competency.   
[11] The Esformes cartel has recently become front page news as Philip Esformes was indicted by the United States of America for stealing One billion ($1,000,000,000) dollars from the Medicare program.   (This apparently does not include the thefts from the various insurance companies and the nursing home patients).
[12] Guardian ad litem, Cynthia Farenga, who admitted that she never had or accessed the safety deposit box – and was not present when the safety deposit box denied the existence of the gold coins.    Exactly how or why she did so has not been disclosed.    However, the guardian has not denied she removed and took possession of the gold coins.   Not one coin was inventoried by the guardian and all efforts by Gloria Sykes to demand an honest inventory of Mary’s assets have been denied by the various corrupt judges assigned to the Mary Sykes case.
[13] Nursing homes in Chicago and Miami (and in other jurisdictions) are convenient facilities for incarceration of the elderly and the disabled.   By use of opiates and other pharmaceuticals = usually paid for by Medicare or health insurance policies a senior citizen is rendered semi-conscious so that he/she can be warehoused and kept as the ‘living dead’ as the last dime is extracted from the United States of America and the Estate of the victim.   As indicated by the Indictment of Philip Esformes (theft of One Billion ($1,000,000,000.00) dollars from Medicare) and the Omnicare fine of more than $150,000 dollars (Omnicare sold to CVS Pharmacy for 12.4 Billion (12,400,000,000.00) dollars) this venture is very profitable.    Annotated public officials and corrupt individuals have found a niche – i.e. exploitation and abuse of the elderly and the disabled subsidized by the full faith and credit of the United States of America – in the form of Medicare and other health care programs.     On any given day even a casual visitor will note the zombie like elderly lined up in the wheelchairs either lining the halls of the facility or otherwise vegetating.    The Government accounting office has done four investigations of this elder cleansing situation and Congress and the Obama Administration have done virtually nothing.   See NASGA blog – the texts of the GAO reports are reproduced. 
[14] All citizens of the United States of America have a duty to report felonies to law enforcement 18 USCA 4.     However, again the business of ‘elder cleansing’ is so lucrative that many public officials have undertaken a concerted effort at intimidating the public so that they ignore their obligation of citizenship to aid and abet law enforcement in the efforts       An apparent example, is the action of Jerome Larkin and the Illinois Attorney Registration and Disciplinary Commissions actions toward a health care criminal and lawyer Seth Gillman.    Mr. Gillman, a lawyer, was charged and plead guilty to stealing millions of dollars from the health care system on a hospice scheme.   The IARDC had little interest in separating Mr. Gillman from his law license.     In fact, disciplinary proceedings appeared to be reluctantly brought against Mr. Gillman by the lawyer disciplinary board; however, when Gillman pleaded guilty to what amounted to a scheme to expropriate several hundred million dollars from the health care problem proceedings did in fact commence.   However, when it was disclosed that Mr. Gillman was co-operating with the United States of America in connection with its investigation of health care fraud Mr. Larkin and the IARDC petitioned the Supreme Court of Illinois for an interim suspension of Mr. Gillman’s law license.
[15] The absurdity of the proceeding was illustrated by the Commission finding that while 755 ILCS 5/11a – 10 had not been complied with everyone knew that a hearing was to be held and had the ability to attend that hearing.     Thus, I was lying about there being no notice of the hearing.     As there was not a scintilla of evidence to give a hint that such an explanation might have been appropriate, the ‘wiring’ of the commission was evident.     The burden of proof was on Mr. Larkin and his failure to produce evidence was offensive to the finding.     However, the commission in its efforts to voice some justification for its decision failed to note that there was NO HEARING and no evidence of any kind that a hearing had taken place.    The criterion of the Statute found in 755 ILCS 5/11a – 3, Article 1 of the Illinois Constitution, the fifth and fourteen Amendments to the United States constitution and the Americans with Disabilities Act all were absent.    The corrupt commission as well as the corrupt judiciary proceedings were exposed for the world to see.   The cover-up was complete and open and notorious.

From Ken Ditkowsky and Probate Sharks–a $1 billion indictment for fraud in government is a great big yawn

Subject: It is time for an Honest Investigation of Elder Cleansing
Date: Oct 8, 2016 4:07 PM
Mr. Larkin, when Cynthia Farenga wrote Ms. Black of your office to tell both of you that Attorney Denison and I were demanding an Honest investigation and Probate Sharks had picked up and was publishing our demand you immediately went after me to attempt to silence me.    Well, my friend, it did not work and as you no doubt know it backfired and every day I write to law enforcement and others to inform them that the elder cleansing scandal is continuing to grow a prosper at the expense of the public and the Constitution.   
Every day blogs pick up our call to arms and memorialize our call for an HONEST INVESTIGATION.    Let me assure you that the call is going to continue until there is an HONEST INVESTIGATION and an Honest prosecution for the predators (and their co-conspirators) who are preying on the elderly and the disabled.    Progress is slow and sometimes frustrating; however, the call is constant and persistent.    I trust you read that your co-conspirator Philip Esformes was indicted for stealing a Billion ($1,000,000,000.00) dollars from Medicare.    Your co-conspirator Seth Gilman is now co-operating with Law Enforcement.   Your co-conspirators at Omnicare were fined over a 150 million dollars and had to sell out.   Granted they made a profit, but when the USA files a RICO suit every dime will be recovered for the public!    
As one by one the miscreants are offering to co-operate with the Federal Investigation into the health care scandal I still harbor the hope that you have enough decency in you to also co-operate with the Federal Investigation and join in our call for an HONEST INVESTIGATION at all levels so that the elderly need not fear getting old in Illinois.    
Surprise the world and do the right thing!    I’ll save you having to dial up Probate Sharks, to wit:


Our mission is to expose and remedy corruption in the Probate Court of Cook County, Illinois. We assist, educate and enlighten families of the dead, the dying, the disabled and the aged to better understand their rights in order to protect themselves from the excesses of the Probate Court of Cook County. is dedicated to networking the human element of people to people. We join together in reforming the corrupt Cook County Probate Court system.

Saturday, October 8, 2016

Of course the Illinois Supreme Court was outraged that an Attorney would appropriately complain of Judicial corruption

One of the big worries that every citizen has is being a target of a Federal Investigation.   We are frightened because there are many laws enacted every year and some laws make it unlawful to not violated other laws.    Worse yet there are literally millions of regulations enacted by government agencies that regulate everything from the color of your clothes to the soft drink you can have a lunch.   More are on the way.     The laws are not uniformly enforced or applied and some people are immune from the Rule of Law.     JoAnne Denison as an attorney under lawyer rule 8.3 had an obligation to report to the legal authorities’ judicial corruption such as occurred in the Mary Sykes case and the Alice Gore case.   She did!     The Illinois attorney registration and disciplinary commission (IARDC) was so incensed by her reporting and publishing the Judicial corruption that they ran immediately to the Illinois Supreme Court and sought an interim suspension of her law license.    Of course the Illinois Supreme Court was outraged that an Attorney  Lanre Amu would appropriately complain of Judicial corruption and not only granted the suspension, but tacked on another 3 years to make certain that other lawyers do not report misconduct of judges or other judicial officials in Illinois.
In a similar fashion, Atty Lanre Amu reported the corruption of three judges to Illinois Judcial Inquiry Board, and they reported this to the ARDC and the ARDC quickly suspended him on an interim basis and then suspended him for 3 years and order of the court.  Does this mean they plan on cleaning house in 4 years?  Probably not.
Now we have the indictment of Philip Esformes for stealing a Billion ($1,000,000,000.00) dollars from Medicare.    The Esformes family is infamous for their nursing homes, sheltered care facilities and other elder facilities.     The  Alice Gore case as reported in Probate Sharks blog discloses the shame of Illinois as it relates to the Elderly and the disabled.      (Probate Sharks cannot be muzzled by Mr. Larkin of the IARDC) as Ken ***** is not an attorney).    An article in today’sWall Street Journal   if frightening in that it demonstrates just how deep the ‘fix’ can go, to wit:
It has always been assumed that when the full light of public disclosure is focused upon a subject there can be no ‘wiring’ of the judicial process and even the heavily clouted public servant will have to face the weight of the law.    Thus, Dan Rostenkowski even though the Leader in the House of Representatives had to go to jail for stealing $3000.00 in postage.      Apparently situation has changed and the fix can go right up to the door of the White House.
The enormity of the crime of Philip Esformes is measured in dollars.    One billion ($1,000,000,000) dollars from a heavily monitored federal program is an amazing feat!     Pick any other criminal and this feat is unmatched.    However, the billion ($1,000,000,000) dollars is a drop in the bucket as it does not include the money stolen at the very same time from the insurance carriers and the medicate victims themselves.     But, let us go a step further.     This crime was committed by Esformes using 30 nursing homes – the Esformes empire has many more of such facilities all over the United States.     Many are not listed as Esformes facilities and many more are parallel operations operated by people who are so much like Esformes they could be deemed clones.   Nonetheless, even the prestigious Ocean’s Eleven gang with George Clooney playing the lead only aimed for a palty $150 million.
And of course, at an operating business income of a billion or so, one could easily keep plenty of judges and plenty of litigation counsel at the ARDC heavily greased for comfort.  I suppose the indictment of the Esformes for a billion is a butter that spreads over many, many clouted loaves of bread.  Now the theft of $1 billion is apparently of such astounding ennui to Chicago mega media, it is rarely mentioned or followed, it being of marginal public interest.
The Presidential candidate who is the subject matter of the Wall Street Journal article referred to supra is small potatoes when compared with the alleged Esformes theft.    I suspect that the Illinois Governor who went to jail (Blago) and was tied to Anthony Rezko also had some tie=in with this Esformes scandal.   The ‘cover up ‘is well underway.    Will Esformes buy his way out of jail?    Who will he pay off?     How will it be done?     Tune in – we will know all too soon!         Look at the type of media coverage that this Billion ($1,000,000,000) dollar theft received and how delayed it was even in Chicago – the heart of the Esformes enterprises.      The bias (i.e. the lack of coverage) of the media suggests that maybe Philip Esformes ought to run for public office.    His feat of stealing a Billion ($1,000,000,000) dollars certainly indicates that he is a more accomplished bad guy that either of the two major party candidates for President.     


For the record – I’ve called upon Philip Esformes to recognize that the United States of America has him dead to rights.     There is a 99% probability that he will be convicted of the crimes charged and he will spend some time in jail.     As the problem is systemic and the ‘cover-up’ and fraud is nationwide, it seems to me that as this is the time of the year when every Jew looks inward and seeks redemption he ought to visit the Special Agent in charge of the investigation and honestly offer his sincere services in exposing the criminal activity that he was part of and save thousands of hours of law enforcement investigation.    He ought to do this out of gratitude to America for the Freedom and opportunity it provided our parents, grandparents, friends and neighbors.     He betrayed his heritage and as a human being ought to make redemption by giving the United States of America his full and honest co-operation in ridding America of the scourge of “elder cleansing!”      To err is human to forgive is devine.    
Of course I am not so naïve as to believe that Esformes will “do the right thing” when the precedent is before us in

Friday, October 7, 2016

A short history of allegations against Philip Esformes and his father, Morris

A short history of allegations against Philip Esformes and his father, Morris 

Feds allege $1 billion scheme involving Chicago nursing home operator

Chicago Tribune reporter David Jackson explains how wealthy nursing home operator Philip Esformes allegedly became the orchestrator of a $1 billion Medicaid and Medicare bribery and kickback scheme. Oct. 4, 2016.
Chicago Tribune reporter David Jackson explains how wealthy nursing home operator Philip Esformes allegedly became the orchestrator of a $1 billion Medicaid and Medicare bribery and kickback scheme. Oct. 4, 2016.
For years, wealth and controversy have followed Chicago-based nursing home operators Morris Esformes and his son Philip Esformes, who was arrested in July in what prosecutors have called one of the largest health care bribery and kickback schemes in U.S. history.
Their dozens of Illinois, Florida and Missouri nursing facilities have earned millions of  Medicaid and Medicare dollars annually despite repeated federal law enforcement probes and Chicago Tribune investigations alleging substandard care and incidents when disabled patients were assaulted by fellow residents.
A lawyer for Philip Esformes, Michael Pasano, told the Tribune that Esformes is innocent of the current charges and added that no wrongdoing was proved in the other, prior cases. “While Mr. Esformes and his father have been involved in prior litigation in connection with their nursing homes, those cases were resolved and no finding of misconduct was ever made,” Pasano said.
Among the allegations the Esformeses have faced:

1998: A Tribune investigation found that Morris Esformes had employed three people to scout shelters and hospitals for recruits to nursing facilities he and Philip Esformes controlled. Some of those homeless people caused violence in the homes and surrounding communities, the Tribune reported.
2006: Without admitting wrongdoing, Philip and Morris Esformes joined a group of businessmen who paid $15.4 million to settle a  U.S. Department of Justice Medicaid fraud civil lawsuit alleging they paid kickbacks to physicians in exchange for patient referrals to a Florida hospital they controlled.

Nursing home operator from Chicago jailed as feds allege $1 billion scheme

David Jackson and Gary Marx
For years, wealthy nursing home operator Philip Esformes seemed to live in perpetual motion, using private jets to travel between his Water Tower Place condominium and his mansions in Miami and Los Angeles.
Now federal authorities are applying extraordinary court pressure to keep Esformes locked…
For years, wealthy nursing home operator Philip Esformes seemed to live in perpetual motion, using private jets to travel between his Water Tower Place condominium and his mansions in Miami and Los Angeles.
Now federal authorities are applying extraordinary court pressure to keep Esformes locked…
(David Jackson and Gary Marx)

2009: The Tribune’s “Compromised Care” investigation found that violent felons had assaulted elderly and disabled residents in Esformes homes, including south suburban Burnham Healthcare. There, 63-year-old invalid Thomas Donovan died after beatings by fellow residents, the Tribune reported. No one was charged in Donovan’s death.
“Unfortunately, nothing has ever happened,” Donovan’s sister Diana O’Connell told the Tribune in a recent interview. “It’s sad. He didn’t have the best of life, but for that to happen was very difficult. I would have liked to have seen some justice.”
2010: The Tribune used confidential FBI reports and interviews to show the Esformeses had been at the center of what prosecutors called a “horrific” patient-brokering scheme in which nursing home residents were shuttled to and from a Northern Illinois psychiatric hospital for unnecessary treatments. The Esformeses denied wrongdoing and were not among the medical professionals charged in that case. About two years later, the Esformeses sold their Illinois facilities and focused on their Florida operations.
2013: Philip and Morris Esformes paid the U.S. government $5 million to settle a whistleblower’s court allegations that they took kickbacks to complete the sale of a nursing home pharmacy company. Again, the father and son did not admit wrongdoing.

Copyright © 2016, Chicago Tribune

From Reese Witherspoon*–Making the courts do the right thing and treat disabled persons with the greatest of dignity

Very interesting case and the fifth circuit repeatedly kicked the crud out of the SDTEX for not doing the right thing. Based upon equal protection, if we could fund a class action modeled after this, we could change the law in Texas much faster for guardianship than each 2 years fighting Herman all the way.
That is why I want to begin fundraising . I think the timing is good because all of the tricks the legislature does like “suspending the rules” were not tolerated by the 5th Circuit. Abstention was rejected. Rooker-feldman has been dealt with by Anna Nicole. The probate exception does not apply. Even though it’s traditionally a state function, people are in danger. That means under the same 14th Amendment, the Court cannot say no. And I think we found the money…to make this attractive to a big firm or Lanier…as a qui tam.
  • 1. medicare…

View original post 1,751 more words

From Reese Witherspoon*–Making the courts do the right thing and treat disabled persons with the greatest of dignity


Very interesting case and the fifth circuit repeatedly kicked the crud out of the SDTEX for not doing the right thing. Based upon equal protection, if we could fund a class action modeled after this, we could change the law in Texas much faster for guardianship than each 2 years fighting Herman all the way.

That is why I want to begin fundraising . I think the timing is good because all of the tricks the legislature does like “suspending the rules” were not tolerated by the 5th Circuit. Abstention was rejected. Rooker-feldman has been dealt with by Anna Nicole. The probate exception does not apply. Even though it’s traditionally a state function, people are in danger. That means under the same 14th Amendment, the Court cannot say no. And I think we found the money…to make this attractive to a big firm or Lanier…as a qui tam.

  • 1. medicare and medicaid fraud – they set up special needs trusts to make people “broke” and put them in medicaid nursing homes defrauding the system by triple billing by a lawyer, who has gone to 40 states and spread his cancer, the Uniform Guardianship Jurisdiction and “Protection” Act which took the Uniform Child Custody Jurisdiction Protection Act and added two lines, rendering it a kidnapping of the elderly for their real estate statute and changing personal jurisdiction as we know it in 40 states via International Shoe, the only case I recall from law school. He now  teaches them how to form LLC’s to have limited liability when people die and all of this violates federal law
  • 2. 40% of attorneys in Texas are not reporting fees – tax evasion – DOJ interest? (Office of management and Supreme Court has this documented)—I seem to recall Howard Reiner reporting $4000 instead of $40,000 so they don’t report or leave zeros off
  • 3. Olmsted is HOT and you cannot institutionalize and didn’t Fatima HATE that word? Seems that a few others shrieked too at the disclosure that Carol Tampke had been institutionalized in a psych unit three times or more without a court order
  • 4. County attorney snooped in James’ Tampke bank account and violated federal law and they are not a law enforcement agency which would have been the way to handle it if he thought he legitimately perjured himself. He hasn’t brought it up again
  • 5. Max Higgs has alluded to  abuse of the El Paso indigent fund by an attorney he knows but won’t confront and I have direct evidence of it in Harris County by Fatima and Linda.
  • Max wants to see justice before he dies, but is going to have to be subpoenaed because he wants to play “deep throat”. his protege perfected the art of triple billing private clients, the indigent fund and the state medicaid dollars / federal monies while taking their SS money.
  • Leaders in our community are getting results with the DOJ right now and in communications with Hecht and the Supreme court of Florida and Nevada, where people are being indicted. A law firm in Nevada has just begun contingent fee representation.
  • Curtis vs. Brunstein decision in the 5th Circuit makes it crystal clear that there’s no jurisdiction for trusts in probate court, if the language of the trust didn’t already do that in 99.9% since that’s the entire purpose. So the attorneys and miscreants are tricking all of you into signing over your trusts by thinking you got a deal when you got robbed and you cannot agree as to where jurisdiction is on the subject matter. Nothing you do or the judge does can even affect it.
  • Conflicts of interest of Dr’s like Guerrini who placed WJ in guardianship and then in hospice without ever visiting her in the ICU or knowing why he did so and did not bother following orders because as Clarinda says “she executed a DNR” and apparently, everyone in Harris County thinks that means you can kill them
  • Minimum standards of guardians are criminal, which we established before the JBCC during the second hearing February 5, 2016
  •  illegitimate nonprofits to refer business in the form of people and make money
  • Flipping homes for pennies on the dollar by these crooks
  • Hospice hospice hospice pays 90% while obamacare won’t cover a UTI
  • Herman appoints Hopper in a triplicate capacity as receiver and ad litem to get triple paid
  • Herman violated the county retirement regulations jeopardizing the entire county’s retirement system in Travis County
  • He’s gone punch drunk trying to take jurisdiction of family cases and overturn the Texas Constitution, treason, but what the heck
  • Fair Housing Act violations for forcing elderly out of their homes into institutions, which also violates Olmsted Act Title II of the ADA and a long list of laws that aren’t enforced.
  • Section 504 of the Rehabilitation Act of 1973 violations routine because the elderly and disabled are not given therapies they desperately need to avoid losing activities of daily living, and the result is they die in months to years at best unable to eat / feed themselves, or getting UTI’s which are deadly.
  • Elderly are drugged to death by FDA black box warning psychotropic drugs which are known to kill the elderly by stopping the heart or causing a stroke and should NEVER be given to dementia or alzheimer’s patients, but I’ve had two of three elderly moms die of drugging, which was observed as extreme, passed out in wheelchairs
  • Rule 11 Agreements are routine and place people into guardianship illegally because the law states that the attorney ad litem only gets paid from the estate if they are deemed incapacitated and the indigent fund is broke for failure to report fees
  • Commissioners are complicit
  • In Harris County, we know that the Sheriff’s office and District Attorney protect the perpetrators, and they punish the trouble makers which are the honest attorneys—I think I might be the only one left.
  •  Chief Snake Smith is Darlene’s husband, known to be dirty (see cheeseburgers for sex scandal at mental ward of jail)
  • Illegal retaliation in violation of the ADA against anyone who bucks the system including SWAT teams, sheriff’s office/deputies and large sanctions. Rubbing their pistols to intimidate a 5’ tall woman with no visible means of being remotely a threat because she has a disability.
  • Illegal payments to ad litem in six figures via backdated orders
  • 18 USC 241, 242 is rampant and I can imagine every ward with a private professional guardian in the State of Texas is exploited by the same means and operandi.
  • The same lawyers and doctors and appraisers are in control of the entire process, and the Judiciary are either aggressively complicit or puppets. Wright and Butts are puppets but they let people die knowingly and boring their heads in the sand on technicalities.
  • Olsen threatened me 15x and swung a blue folder at my face, assaulting me for trying to recuse him. So, Herman fixed us. See HB 1438
  • Andrew Keith Guardianship – sold for $30,000 bond or $50, because apparently that’s all the judge thought he was worth after I exposed the illegal bond
  • I just found out another man I was fighting to protect coincidentally died in guardianship right after the order was signed and right before the recusal and bond was going to be filed upon in El Paso
  • Attorneys are routinely tricking their clients into illegal agreements with no consideration, duress, to the point of negotiating for their mother’s lives—only to lose when she suddenly died of a heart attack / pneumonia known to be caused by the same drugging I begged and pleaded with Judge Wright to stop! he never put her in guardianship and she died with him sanctioning me $15,000 for making too much noise and I have told everyone in the State of Texas and beyond and nothing.
  • The DOJ/ADA nothing
  • DADS only investigated 11 complaints to prosecution in 2014 and 3 of the 78,000 were my clients’ mothers, now dead as I said they would be. I learned that the AG is a bit too protective of Texas’ civil liability and so DADS is a joke
  • Adult protective services actually refers people to guardianship after Hammond convinced the legislature to remove all protection so the death mill starts whenever someone is concerned that another person is being exploited or wants to exploit them because now they violate the federal banking secrecy act by spying on their bank accounts to see if they would be a tasty victim
  • Idiots follow a trade association, the National Guardianship Association instead of the law because the constitution is said to not apply in probate court
  • Doctor Merkl gets together with Pacheco and decides people are incompetent or incapacitated or whatever because it doesn’t matter anyway. Forget the evaluation because they cannot even decide the standard. Is it incompetent or incapacitated? Does it matter?
  • Attorneys are more concerned with who gets the rich guy than whether they are qualified under the ADA to decide what’s in their best interests
  • As good of a move the stakeholders made in enacting the ward’s Bill of Rights HB 2665, it’s a Jim Crow Law that treats the elderly as separate but not equal, maybe not even as a person at all because the Code says that guardianship shall be administered like decedent’s estates. Tex. Est. Code. 1101.001 et seq. People are defined to include LLC’s and actual people are something less.
  • The definition of incapacity is so broad, you can be incapacitated by the stroke of a pen of a pissed off judge. See attached memo.
  • There is no accountability but pure and utter lawlessness and I fear for everyone’s safety. See Breach of Trust (Organ donation time at a Fort Worth low end nursing home wherein an orderly took patients out screaming). I suppose when the DA prosecutes the people who tape selling baby parts, no one worries about killing the elderly for their organs?
  •  Statutory probate courts are the problem – they have separate rules and standards—none. They do what they want according to Woods in 2006 who told the Legislature to shove it essentially because he was going to run his court as he saw fit.
  • Not one attorney is ADA certified and the 4 hour course doesn’t even mention disabilities or what a support and service might be so it is all lip service.
  • Rory Olsen did not even know what an ARD meeting was as he sold Andrew down the river for nothing more than being autistic.
  • Equal protection violated egregiously because the Legislature cannot even get the visitation statute right and include “family”, as opposed to Kerri Kasem’s agenda.
  • I reported danger imminent which I knew would result in death to Willie Jo Mills, Ruby Peterson and Ivy Ellis, as well as Robert Henry of El Paso (kidnapped from Florida with Terry Hammond’s advice) and THEY ARE ALL DEAD. I TOLD YOU SO.
  • Strangely, mediators, doctors, and judges have ended up dead and the report was not remotely consistent with the truth. Who slits their own throat? Is a long time illness less than six months? And everyone knows you don’t give psychotropic drugs to an elderly dementia patient unless you want to stop their heart—Robert Henry and Ruby Peterson. Silverado Senior Living.
  • I haven’t even gotten started.
Thank you for praying.
Reese (* Reese Witherspoon is a pen name)

From Charles Edward Lincoln on the amazing breadth of the 1st Amendment

Our constitution affirmatively grants to individuals the rights of speech and assembly.
Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press.
The people have the right freely to assemble together, to consult for the common good, to make known their opinions to their representatives, and to petition for redress of grievances.
1 This Court has long held that the rights of speech and assembly cannot be curtailed by the government. King v. S. Jersey Nat’l Bank, 66 N.J. 161, 177, 330 A.2d 1 (1974). Moreover, under limited circumstances, we have determined that those constitutional rights may be enforced against private entities. Schmid, supra, 84 N.J. at 559, 423 A.2d 615. In fact, our *356 constitutional guarantee of free expression “is an affirmative right, broader than practically all others in the nation.” Green Party v. Hartz Mountain Indus., Inc., 164 N.J. 127, 145, 752 A.2d 315 (2000). Here, we must determine whether this case presents one of those limited circumstances where, in the setting of a private community, the Association’s rules and regulations are limited by the constitutional rights of plaintiffs.
**1067 A.
2 Federal case law has evolved to require that there must be “state action” to enforce constitutional rights against private entities. Marsh v. Alabama, 326 U.S.501, 66 S.Ct. 276, 90 L.Ed. 265 (1946), is recognized as the leading case in this area of law. In Marsh, a private company owned and controlled all aspects of the town. Id. at 502, 66 S.Ct. at 277, 90 L.Ed. at 266. The company refused to allow solicitation and the distribution of religious literature. Id. at 503, 66 S.Ct. at 277, 90 L.Ed. at 267. Marsh was arrested for trespassing while distributing religious literature on company-owned land that was otherwise open to the public.Ibid. The Court explained that “[t]he more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumscribed by the statutory and constitutional rights of those who use it.” Id. at 506, 66 S.Ct. at 278, 90 L.Ed. at 268 (citation omitted). The Court then balanced the constitutional rights of the property owners against the First Amendment rights of Marsh to find that “the latter occupy a preferred position.” Id. at 509, 66 S.Ct. at 280, 90 L.Ed. at 270 (footnote omitted). The Court concluded that, in those limited circumstances, the property owner’s action constituted “state action” and violated the First Amendment. Id. at 508–09, 66 S.Ct. at 279–80, 90 L.Ed. at 269–70.
The United States Supreme Court later considered the application of Marsh to shopping centers. In the first case to address the issue, the Court held that the reasoning of Marsh applied to a shopping mall. See Amalgamated Food Employees Union Local *357 590 v. Logan Valley Plaza, Inc., 391 U.S. 308, 325, 88S.Ct. 1601, 1612, 20 L.Ed.2d 603, 616 (1968). However, the Court subsequently retreated from that position and, in a later case, concluded that the First Amendment affords no general right of free speech in privately owned shopping centers. See PruneYard Shopping Ctr. v. Robins, 447 U.S. 74, 80–81, 100S.Ct. 2035, 2040, 64 L.Ed.2d 741, 751–52 (1980) (noting that although First Amendment did not grant right of free expression in shopping centers, states may adopt greater free speech rights); Hudgens v. NLRB, 424 U.S. 507, 520–21, 96 S.Ct. 1029, 1036–37, 47 L.Ed.2d 196, 207 (1976).
Our jurisprudence has not been as confining. We briefly outline the development of our law expanding the application of free speech or similar constitutional rights against non-governmental entities.
In State v. Shack, 58 N.J. 297, 300–01, 277 A.2d 369 (1971), this Court was asked to apply the principles of Marsh to a private farm operation. In Shack, two employees of federally funded organizations were arrested for trespassing when they entered private property to provide legal and medical assistance to migrant workers. Id. at 299–300, 277 A.2d 369. The defendants challenged the constitutionality of the trespassing statute on several grounds. Id. at 301, 277 A.2d 369.However, the Court declined to rule on the constitutional challenge, noting only that Marsh was inapplicable because the land in question was not open to the public. Id. at 301–02, 277 A.2d 369. Applying our common law, this Court held that the defendants’ conduct did not constitute trespass within the meaning of the statute under which they were prosecuted. Id. at 308, 277 A.2d 369. Thus, the broader issue of whether the federal or State Constitution required access to the land remained unresolved. Id. at 302, 277 A.2d 369.
Almost ten years passed before this Court decided the landmark Schmid case. In Schmid, supra, Princeton University, a **1068 private, non-profit institution, prohibited persons not affiliated with the *358 university from soliciting and distributing political literature on campus. 84 N.J. at 538–39, 423 A.2d 615. The defendant, a non-student, was arrested and convicted for trespassing while distributing Labor Party materials on the Princeton campus. Id. at 538, 541, 423A.2d 615. Princeton’s regulations required off-campus organizations to obtain permission before distributing materials. Id. at 539, 423 A.2d 615. The defendant claimed that his arrest was unconstitutional because distribution of political material was protected by both the First Amendment and Article I of the New Jersey Constitution. Id. at 542, 423 A.2d 615. Princeton argued that as a private institution, it was not subject to the strictures of the federal or State Constitutions. Ibid.
Analyzing Princeton’s claim, the Court recognized that the
constitutional equipoise between expressional rights and property rights must be similarly gauged on a scale measuring the nature and extent of the public’s use of such property. Thus, even as against the exercise of important rights of speech, assembly, petition and the like, private property itself remains protected under due process standards from untoward interference with or confiscatory restrictions upon its reasonable use.
[ Id. at 561, 423 A.2d 615 (citations omitted).]
3 The Court crafted “the test to be applied to ascertain the parameters of the rights of speech and assembly upon privately owned property and the extent to which such property reasonably can be restricted to accommodate these rights.” Id. at 563, 423 A.2d 615. That test requires courts to consider
(1) the nature, purposes, and primary use of such private property, generally, its “normal” use, (2) the extent and nature of the public’s invitation to use that property, and (3) the purpose of the expressional activity undertaken upon such property in relation to both the private and public use of the property.
The Court explained that such a test would allow the court “to ascertain whether in a given case owners of private property may be required to permit, subject to suitable restrictions, the reasonable exercise by individuals of the constitutional freedoms of speech and assembly.” Ibid. In assessing the reasonableness of any restrictions, the court shall consider “whether there exist convenient and feasible alternative means to individuals to engage *359 in substantially the same expressional activity.” Ibid. The Court applied the test to Princeton and found that the university had invited the public to use its facilities, the defendant’s expressional activities were consonant with both the private and public uses of Princeton’s campus, and Princeton’s regulations contained no standards for governing the exercise of free speech. Id. at 564–69, 423 A.2d 615. Therefore, the Court concluded that Princeton violated the defendant’s constitutional rights of speech and assembly. Id. at 569, 423 A.2d 615.

Charles Edward Lincoln, III

“Ich bin der Geist der stets verneint, und das mit recht, 
denn alles was  entsteht, Ist werth da ß   es zu Grunde geht.”
Deo Vindice/Tierra Limpia

Telephone: 504-777-5021 (CEL III) or 512-968-2755 (CEL IV)

Matthew 10:34-39

From Ken Ditkowsky — More dirty tricks from Esformes and taking advantage of the poor and elderly

The following is a copy of an Article that was in today’s Chicago Tribune.
When Coupled with the Seth Gillman plea of guilty and the episodes with Omnicare the future for Philip Esformes is not bright.   From the sidelines we all have observed the fact that Seth Gillman is now co-operating with the Fed along with some of Philip’s other associates.   The obvious attempt to encourage Gillman not to co-operate by Jerome Larkin et al I am such was noticed by the Fed.   Nevertheless, I understand that he and others are forming a choirs and are scheduling a concert very soon at 219 South Dearborn Street, Chicago, Illinois.
It appears to me that the choir needs a tenor, and as Morris/Philip is aware of the activities of most of the other actors he could be a real help in ending the elder cleansing scandal.   It has been my experience that the Special agents of the FBI are always grateful when fortuitously a target of an investigation sings a “happy tune!”   This is very serious stuff.   Lives have been lost and more are threatened.   Morris Esformes was involved in the Alice Gore elder cleansing and in the prospecting for Au in her teeth.   (see Probate Sharks blog).    This is the season for Jews to cleanse themselves of their sins and ask for forgiveness.  The first step to forgiveness is admitting sin  –   I am certain that there are a bunch of FBI agents who would be willing to help Philip and Morris obtain forgiveness and salvation.
No – I am not joking (on the level or otherwise).    I honestly believe that Philip can help himself very substantially (and maybe salvage a part of his life) if he comes totally clean with the Fed.    I believe that so strongly I would help work out some accommodation if called upon.   This elder cleansing situation cannot be allowed to continue – it has to be ended so that elderly Americans and not afraid to get old in Illinois, Florida *****

Nursing home operator from Chicago jailed as feds allege $1 billion scheme

For years, wealthy nursing home operator Philip Esformes seemed to live in perpetual motion, using private jets to travel between his Water Tower Place condominium and his mansions in Miami and Los Angeles.
Now federal authorities are applying extraordinary court pressure to keep Esformes locked in a Florida detention cell where he awaits trial for allegedly orchestrating an unprecedented $1 billion Medicaid and Medicare bribery and kickback scheme.
“This is the largest single criminal health care fraud case ever brought against individuals by the Department of Justice,” Assistant Attorney General Leslie Caldwell said at a July 22 news conference announcing the charges.
Arrested at one of his $2 million estates on the Miami Beach waterfront that morning and placed in immediate detention, Esformes has been denied bond despite a barrage of court pleas that include letters of support from nursing home patients and the recipients of his philanthropy.
His confinement in the Miami Federal Detention Center marks a new challenge for a business family that has withstood two decades of Justice Department probes and Tribune investigations into allegations of patient abuse, corruption and substandard conditions at their Illinois, Florida and Missouri nursing home facilities.
From their Lincolnwood offices, Esformes and his father and business partner, Morris Esformes, took in millions of dollars annually from federal programs for the sick and disabled.
Both have cultivated reputations as prominent philanthropists. Morris Esformes has an endowed medical professorship named for him at the University of Chicago, and they have given millions of dollars to synagogues, schools and medical facilities in the United States and Israel.
The Esformeses sold their Illinois nursing facilities about four years ago but kept their headquarters in the Chicago suburbs as they continued to operate 20 or so homes in Florida, government records and Tribune interviews show.
The new federal indictment alleges that Philip Esformes and a handful of Miami co-conspirators bilked Medicaid and Medicare for 14 years by cycling some 14,000 patients through various Esformes facilities, where many received unnecessary or even harmful treatments. Drug addicts were allegedly lured to the facilities with promises of narcotics, and prosecutors say some received OxyContin and fentanyl without a physician’s order to entice them to stay.
In recent court filings, prosecutors have gone beyond the allegations of the indictment to reveal new claims of patient harm and corruption.
One patient, listed as “S.J.” in court documents, told agents she was offered a bed at Esformes’ Oceanside Extended Care Center “because she was homeless and looking for a place to stay.”
“S.J. did not get or even need the skilled nursing services that were billed to Medicare on her behalf by Oceanside Extended Care,” federal authorities wrote. “Instead, the Esformes Network fed her narcotic addiction in order to use S.J. as a pawn to steal from Medicare.”
In another example, Esformes allegedly instructed a co-conspirator to “bribe a state (Florida) regulator” so Esformes could learn in advance which facilities inspectors planned to visit, and “modify and falsify files at his facilities before state regulators inspected.”
And when authorities raided one Esformes nursing facility on the day of his arrest, a resident approached the agents and said she had been “punched in the stomach when she made a complaint about the poor services rendered at the facility.”
As part of the kickbacks exchanged between Philip Esformes and corrupt medical professionals, the Justice Department alleged, “high-end escorts” were flown to Orlando and chauffeured in limousines for liaisons with Esformes at the Ritz-Carlton Hotel.
Esformes, 47, who drove a $1.6 million Ferrari Aperta and published a blog with fitness tips for busy executives, now faces a potential life sentence if convicted on charges of fraud, conspiracy and obstruction of justice, government records show.
He has strenuously protested his innocence, arguing that nonstop labor and uncompromising honesty account for his reported $78 million in personal assets — with no debts or liabilities.
“Philip Esformes is fighting hard to obtain his release on bond and to clear his name,” his attorney Michael Pasano told the Tribune. “Mr. Esformes stands by his lifelong record of hard work and success, of providing quality service to people in his nursing homes, and of helping persons in need. He adamantly denies any wrongdoing and promises to fight vigorously to show the truth behind the lies being brought against him.”
In a letter to Miami U.S. District Judge Joan A. Lenard, former classmate and current school principal Rabbi Eli Samber described Esformes as a devoted student at the Arie Crown Hebrew Day School in Skokie. Later, “when both of us were in our twenties and both newly married, Philip and I had a fixed time during the week that we would study Bible together,” Samber’s letter said. “This experience enabled me to see the depth of his character.”
Morris Esformes, 70, has not been charged in the case. He helped round up affidavits from 30 Florida families who pledged homes worth more than $3 million to collateralize a bond for Philip Esformes, records and interviews show. Eight were relatives, but many others live in a small community where Morris Esformes built a community center and day school.
Morris Esformes also offered his own substantial wealth to post bond for his son. He did not respond to requests for comment.
In a bid to win his own release, Philip Esformes proposed to the court to live under home confinement with 24-hour monitoring by a staff of off-duty police paid at his expense, highly restricted visitations limited to family and religious leaders, and no internet or cellphones.
But Lenard on Wednesday issued a final ruling ordering Esformes held without bond after prosecutors argued that he might try to flee or obstruct justice if he was released pending trial. To underscore their point, the Justice Department last month made an unusually early disclosure of key evidence by filing a 200-page transcript of a secretly recorded conversation in which Esformes allegedly offered to fund a co-conspirator’s flight from the United States so the man could avoid trial.
Medical supply company owner Guillermo “Willy” Delgado, who had pleaded guilty to illegally distributing powerful pain medicines in exchange for kickbacks, was cooperating with authorities and wearing a wire during their two-hour conversation.
As they spoke on that afternoon in June, Esformes explained how he could siphon off federal health care dollars to help Delgado flee the U.S. by inflating the costs of new furnishings at a nursing home, the transcript and other government records show.
In the recorded conversation, Esformes referred to African-Americans with a racist epithet. A substantial number of residents in his Illinois and Florida facilities have been black, according to government records.
Esformes’ attorney, Pasano, said the government has misinterpreted the tape and should not be relying on Delgado, who “insinuated” himself into Esformes’ life, made up claims against him and “took advantage of him.” Delgado “agreed to cooperate and point fingers at Mr. Esformes” in an effort to shorten his own sentence, Pasano said.
Separate from the pending federal indictment, the Tribune found that families have filed 20 wrongful death lawsuits since 2013 against seven of Esformes’ facilities in Miami-Dade County. Four were on Florida’s watch list of troubled facilities — among a total of only 11 nursing facilities in that area.
In one of those cases, patient Donald Reiff allegedly was attacked last year by a fellow resident at North Dade Nursing and Rehabilitation Center, then sent to another Esformes facility, Fountain Manor Health and Rehabilitation Center. Staff there allegedly neglected to assist or supervise Reiff, and he quickly suffered a catastrophic fall and died of a brain injury, according to a pending civil lawsuit filed by Reiff’s family.
In addition, inspectors from Florida’s Agency for Health Care Administration cited Esformes facilities for safety violations in two separate instances last year when patients wandered away and died.
One of the patients, a 75-year-old man who walked slowly with a cane, drowned in a nearby lake; the facility could not explain to inspectors how he got out. The other resident, who suffered from a severe mental disorder, wandered into traffic and was fatally struck by a car; the facility failed to alert police or relatives to his elopement, inspectors said.
Police and court records also document a series of patient-care failures at Esformes’ South Dade Nursing & Rehabilitation Center that led to tragedy early on April 10, 2013.
A nurse walked into Room 306 at 7 a.m. to find 73-year-old hospice patient Robert Lee Verser beaten to death, with his 41-year-old roommate, Michael Poole, standing calmly nearby, according to Miami police and Florida health agency reports.
“I saw Robert in the bed. His face was full of blood and there was blood on the bed also,” nurse Eric Richard told detectives, according to police reports examined by the Tribune. “Michael was in the room standing up in front of his bed with his hands down, full of blood. … He’s looking at me but saying nothing.”
A lawsuit filed by Verser’s family alleges that the bedbound invalid, who had lung and heart conditions and had a life expectancy of less than six months, should not have been housed with a younger man who had a record of violence.
During the previous days, state inspectors wrote, facility staff failed to notify Poole’s psychiatrist that Poole had repeatedly refused to take his antipsychotic medications.
In and out of prisons for drug crimes and violence, Poole had psychotic episodes in which he saw visions and heard voices, state records show. He had recently discharged himself from another Esformes facility, but authorities picked him up at a nearby gas station, intoxicated and in an “altered mental status” and brought him to South Dade Nursing, a state inspection report shows.
The facility’s final patient-safety infraction came after the discovery of Verser’s corpse, when Poole walked out of the room unattended by staff and rode an elevator down to a smoking patio. Letting the suspected killer roam unwatched gave him access to other vulnerable residents, placing them in “immediate jeopardy,” Florida inspectors said in one citation of the facility.
Poole awaits trial on charges of second-degree murder.
The facilities are disputing the various civil lawsuits. “These facilities take care of very sick people who in addition to medical problems often have behavior issues — that is a very difficult population,” said Harvey Tettlebaum, an attorney who represents the facilities.
The facilities currently operate in substantial compliance with Florida and federal laws, Tettlebaum added.

From Texas Tech School of Law–Interesting article on Probate Exception

This may help many of you when preparing Responses to the dreaded Motions to Dismiss in Federal Court when you file your 42 USC 1983/85 claims; 18 USC 241/242 claims and ADA claims:

Smith5Allison Elvert Graves (J.D., University of Alabama, licensed in Missouri) has recently published her comment entitled Marshall v. Marshall: The Past, Present, and Future of the Probate Exception to Federal Jurisdiction, 59 Ala. L. Rev. 1643 (2008).

Here is the introduction to her article:

The probate exception is one of the most mysterious and esoteric branches of the law of federal jurisdiction.” This often cited quote describes the uncertainty surrounding the scope of the probate exception to federal jurisdiction. It has long been held that “a federal court has no jurisdiction to probate a will or administer an estate.” This prohibition on “matters of strict probate” is generally assumed to have its basis in the Judiciary Act of 1789, which extended the same equity jurisdiction possessed by the English Court of Chancery in 1789 to United States federal courts in diversity cases.  Since the English ecclesiastical courts, not the Court of Chancery, had exclusive jurisdiction over matters of probate in 1789, courts have found that the power to adjudicate probate matters was not part of the original grant of jurisdiction to the federal courts. While the accuracy of this historical explanation has been called into question, the probate exception is a “well established feature of our federal system.”

What is not well established is the scope of the probate exception beyond matters of strict probate. The U.S. Supreme Court addressed this issue in Markham v. Allen. At issue in Markham was whether a federal district court could determine the respective rights of legatees and heirs-at-law to a share of a decedent’s estate, which was still undergoing probate administration in a state court. The district court held that it had jurisdiction over the issue, that the heirs-at-law had no interest in the estate, and that the legatees were entitled to receive the net estate. The Ninth Circuit, however, reversed on the ground that the probate exception deprived the district court of subject matter jurisdiction over the claim. The court held that since the state probate “court is in possession of the property, its right to proceed to determine heirship cannot be interfered with by the federal court.” The Supreme Court reversed, holding that “creditors, legatees and heirs” may establish their claims against a decedent’s estate in federal court to the extent that the state court is bound to recognize the federal court’s judgment in the matter. However, the federal court may “not interfere with the probate proceedings or assume general jurisdiction of the probate or control of the property in the custody of the state court.” Thus, the district court properly exercised its jurisdiction by adjudicating the rights of the heirs-at-law and the legatees in the decedent’s estate, so long as it did not disturb administration of the estate by ordering payment of property that was in the control of the state probate court to the legatees.

Prior to the Supreme Court’s recent decision in Marshall v. Marshall, Markham was the authoritative case on the probate exception. However, Markham failed to clearly define the limitations the probate exception places on the subject matter jurisdiction of federal courts. As a result, the lower federal courts were not able to agree on a uniform interpretation of Markham’s language, and this area of the law was left in a state of extreme uncertainty. This Note addresses the problems the lower courts had in applying the probate exception as set out in Markham, the Supreme Court’s attempt to clarify the Markham rule in Marshall, and the effect the Marshall rule will have on the future of the probate exception.

From Ken Ditkowsky–NY Lawyer steals $5 million from clients, gets 6.5 years in prison

From Ken Ditkowsky–

Had this occurred in Illinois – assuming that the lawyer was part of the miscreant co-operative, Jerome Larkin would have covered this up and it would be ethically challenged to point it out!

 It is interesting to not e that when Lawyer Seth Gillman stole  over $100 million as part of his fraudulent hospice activity, there was no ARDC action when this was announced by an indictment–or when members of the public complained before the indictment.   When he pleaded guilty, Larkin and the IARDC were silent; however, when Gillman started to co-operate with the Federal Authorities – bingo! – the IARDC (Larkin) were before the Supreme Court of Illinois to get an interium suspension of Gillman’s license.    The miscreants in the Sykes case are still practicing law, even though about $3 million dollars has been stolen and the judge at page 91 of her evidence deposition spilled the beans – the case was fixed.  In the probate court, all discovery was quashed, and then later during my trial and later Ms. Denison’s trial, though we both asked for discovery on the thefts, the answer was an unmitigated NO!
Of course we (and Jerome Larkin) knew the Sykes 09 P 4585 guardianship was fixed!    This is the pattern that is and was being protected!    
Nevertheless it is good to know that someone is minding the store somewhere!    
What we need is for our US Senators and Presidential Candidates  *****   is to step and actually do something positive for the elderly and the disabled who are being eldercleansed by the Judicial and Political elite.  
So far all we have heard is rhetoric from the candidates from public office and so far no one of them has stained their hands or damages their status amongst the promulgators of the Modern American Holocaust ==  Not one of this gang of **** who seek to lead us has even had the courage to call for an HONEST INVESTIGATION!     That should give everyone an insight into those individuals who would assume the leadership of the most powerful nation on earth!
Scared yet?    You are more than 1/2 a day older than you were went you woke up this morning and 1/2 day closer to having a real threat to your independence and humanity — Mary Sykes was competent when the ‘wired judge’ appointed a guardian for her.   She was competent when the court appointed guardian entered her safety deposit box and stole nearly a million dollars in gold coins  (see Gloria Sykes affidavit and the fact that the guardian has never denied the theft!).   Mary was competent when she was ultimately place in a nursing home so as to journey to her final reward.  (see other posts on this blog).   
When one citizen is denied his/her civil rights = we all are.   Lanre Amu lost his law license for three years plus for making the exact same claim that a distinquished business publication made (Crains Chicago Business).    Practicing Law while Black is not allowed in Illinois!
L’ Shanah Twa
Ken Ditkowsky

From: Cynthia Stephens <>
Sent: Sunday, October 2, 2016 12:31 PM
Subject: New York Lawyer Gets Prison Time for Stealing $5 Million From Clients Stuart A. Schlesinger, who practiced for half a century, was sentenced to six and a half years in prison for theft that involved about two dozen clients.|By Benjamin Weiser

This should happen to those attorneys and judges, or former judges and others who have done pretty much the same, or are doing pretty much the same in Monroe County, Pennsylvania, I believe!  The victims of those in these syndicates have been forced to endure extortion attempts, fraudulent filings, mail frauds and wire frauds, incompetence, fraudulent property thefts, slapp, apparently intentional destruction of their homes and property, insults and falsehoods about these victims and so much more. Especially, in the range of the HOA criminality, legal and judicial abuses, discrimination, fraudulent and secretive injustices, denial of rights, denial of due process and denial of protections and the laws, so their homes, equity, finances and maybe even the people also can and will be stolen!

They HOA homeowner horrors, legal and judicial abuses and fraudulent property thefts are happening all across America and I believe too many unethical, dishonest, criminal and abusive attorneys and judges, or former judges and others, among their “friends” have been the worst HOA homeowner abusers and property and equity, and the much more they steal from their victims, outright thieves!  All need to be held accountable to the fullest extent of the law, no matter the locale in America, or who they are, or who they know and their victims rectified!

The HOA homeowner horrors, abuses, criminality and property thefts, and all the injustice inflicted upon these innocent and unsuspecting homeowners have become one of the worst abuses and injustices any homeowner and their family should be forced to endure in America.  Wake up Americans before it is you, or someone close to you!

Via Eliot Bernstein:

New York Lawyer Gets Prison Time for Stealing $5 Million From Clients
Stuart A. Schlesinger, who practiced for half a century, was sentenced to six and a half years in prison for theft that involved about two dozen clients.|By Benjamin Weiser

From the LasVegas Review-Wells Fargo and other banks aide and abet huge charges in guarianship, the Oliver case

In Some Cases of Elder Abuse, Banks Facilitated Financial Exploitation

Posted on Sep 23, 2016

By Colton Lochhead / Las Vegas Review-Journal

Wells Fargo allowed Guadalupe Olvera’s guardian to improperly bill his trust for $39,297. (Mike Mozart / CC 2.0)

Editor’s note: In the wake of the recent revelations of Wells Fargo’s illegal and unethical business practices, Truthdig is analyzing other instances of greed and expanding American corporatism. The following excerpt examines the issue of elder abuse under court-appointed guardians. In this specific case, Wells Fargo contributed to one guardian’s financial exploitation of a “ward” by approving huge withdrawals from the elderly person’s trust. The piece reproduced in full below, “Clark County’s Private Guardians May Protect—Or Just Steal and Abuse,” is one of the articles in M. Larsen’s book “Guardianship: How Judges and Lawyers Steal Your Money,” a collection of reports on guardianship abuse. Written by Colton Lochhead, the article originally was published in the Las Vegas Review-Journal.

APTOS, Calif. — Guadalupe Olvera sits in his tall green chair, blowing a familiar tune on his harmonica as a baseball game plays on his television. The harmony echoes off the walls of his daughter’s 1960s-era home, filling the air with an enticing melody.

Although slowed by age at 95, the World War II veteran regularly attends Veterans of Foreign Wars barbecues in Aptos, where he easily remembers the names and family details of those he meets. Life in the lush green hills near Santa Cruz is peaceful for Olvera and his family.

That wasn’t the case a few years ago, when he was isolated and alone, a prisoner in his Henderson home — a ward of Clark County, surrounded by people he didn’t know who were supposed to protect him, but who ended up with more than $420,000 of his money, most of his estate.

No longer a ward of any state, he’s settled in the home of the daughter who had to “kidnap” him when all else failed.


Olvera and his wife, Carmela, moved from California to Henderson to retire in 2002. They enjoyed warm weather and quickly became active members of their new Sun City Anthem community. Life was serene for the Olveras.

In 2007, Carmela took a step that would later prove costly. At a financial planner’s behest, she became her husband’s guardian.

The couple’s daughter, Rebecca Schultz, said Carmela already handled the couples’ finances, so Guadalupe never questioned the move.

But after Camela’s sudden death in fall 2009, he needed a new guardian. Schultz wasn’t an option because state law says a guardian must live in Nevada.

“I didn’t understand it,” Schultz said of the guardianship system. “I knew nothing about what that term meant, legally.”

Schultz called the office of the guardianship commissioner, who at any one time supervises 8,500 such cases for Clark County Family Court.

“I thought these people were going to help me,” Schultz said.

A court clerk told her she needed to see Jared Shafer, who for 24 years handled estate administration and guardianships as Clark County public administrator before starting Professional Fiduciary Services of Nevada, a guardianship company for hire, in 2003.

Shafer told Schultz he would act as a temporary guardian until conservatorship could be transferred to California, which should have taken about six months. She assumed the transfer would go quickly with such an experienced guardian involved.

In a few months she realized she was wrong.

Rather than making an easy move to California, Olvera was stuck in Nevada while his family was forced to watch him lose everything.

“My father had a 3,000-square-foot house with a huge master bedroom and two guest bedrooms and they (his court-appointed guardians) wouldn’t let us stay there when we first visited,” Schultz said. Later visits were limited to a maximum of four days.

“That’s the first sign I saw that ‘OK, something’s wrong,’ ” she said.

A month after he was granted temporary guardianship, Shafer petitioned the court to make it permanent — a legal move that tethered Olvera and his money to Nevada.

Schultz and her father became increasingly suspicious of Shafer and the people he assigned to work with Olvera — people such as Shafer’s case manager, Patience Bristol, and his bookkeeper, Amy Deittrick.

Deittrick runs AViD Business Services, a bookkeeping company with ties to Shafer.

In February 2010, just three months after Shafer became guardian, Olvera’s Wells Fargo trust was billed $39,297.

More than $8,700 went to Bristol. AViD received $5,760 for charges ranging from $40 to $125 to pay a bill.

Shafer’s then-attorney, Elyse Tyrell, was paid $5,919.

Shafer’s bill alone was $15,000.

Only $3,080 went to KeepYou Company, a health care provider that took care of Olvera in his home. A representative of the now-defunct company said it had no business relationship with Shafer beyond caring for Olvera.

Neither Shafer nor Deittrick responded to requests for comment for this article. Bristol could not be reached for comment, for good reason. After leaving Shafer’s office to start her own business she was convicted of stealing at least $200,000 from her wards and is now serving a prison term.

Still mourning the death of his wife, Olvera began to change, Schultz said. Once a cheerful joker, he became withdrawn — a shell of his former self, she said.

“He wasn’t happy being there with somebody that wasn’t his family,” Schultz said. “He had no friends there. No relatives. He was fearful.”

Watching costs mount and fearing her father was being exploited, she tried to have Shafer removed as guardian, hoping to eventually move Olvera to California.

That set in motion a long, costly legal battle that resulted in a warrant for her arrest.

(Page 2)


Schultz learned quickly that Nevada law and Family Court favor the guardian. She couldn’t even go to court unless a Nevada resident would act as a co-petitioner. A friend from Las Vegas agreed to help, and they hired local attorney Brian Boggess.

Shafer responded by filing court papers claiming Schultz was an estranged daughter who had no contact with her parents after they left California, and thus should not be allowed to care for her father.

“They said that I had no relationship at all with my parents, which I found kind of strange since a year and a half before my mom’s death I had been there taking care of her when she broke her hip,” Schultz said. “I’m the one who taught my mother, at her late age, how to use a computer.”

Jon Norheim is an attorney appointed by the Clark County Commission to serve as guardianship commissioner. His clerk was the one who suggested Shafer to Schultz.

Although not a judge, Norheim’s decisions carry the weight of one. His ruling can be appealed to higher courts, but seldom are because of the cost. Attorneys familiar with the process say an appeal to District Court and the state Supreme Court would run about $50,000, too much for most estates to bear.

In response to Shafer’s claims, Schultz tried to show her relationship with her parents to the court. She provided a stack of handwritten letters that spoke of recent visits and dozens of emails between her and her mother.

Norheim wasn’t moved. He observed that Olvera enjoyed having Shafer as his guardian, and didn’t want to move to California.

But that’s not what the old soldier said.

In the one time he was allowed to speak in court, Olvera said, “I would like to live in California. I don’t need that man. I don’t need Jared.”

Boggess, meanwhile, argued that Shafer was improperly draining Olvera’s estate with excessive charges, and challenged the legality of Shafer’s appointment as guardian, citing state and federal laws that say guardians for military veterans are limited to having only five wards at any one time. Shafer had dozens of wards at the time of his appointment.

The same law also limits how much guardians can charge wards to 5 percent of the ward’s annual income. Boggess argued that Shafer’s billings far exceeded that limit.

Again, Norheim was unmoved. According to a hearing transcript, he called the law regarding veterans “nice and clear,” but not enough to justify “a major upsetting of the apple cart” for Shafer and other private guardians.

“All these private guardians have more than five wards,” Norheim said in court. “You couldn’t stay in business if you only had a couple of wards.”

Olvera would stay Shafer’s ward in Nevada, Norheim ruled later.

Boggess said he thought Norheim was more concerned about the effect on Shafer’s business than the law’s aim of assuring proper attention to the needs of veterans.

“That should be the last conceivable thing that a judge or commissioner thinks about — how it will upset somebody else’s business,” Boggess said.

In a recent interview, Norheim told the Las Vegas Review-Journal that statutes regarding veterans “could be read harmoniously, and not in conflict.”

And Olvera was inconsistent about wanting to return to California, he said.

“They totally ignored him,” Schultz said. “In my opinion, it’s a kangaroo court, at least concerning Shafer’s cases. Your attorneys can spend an enormous amount of time researching and filing and writing … and you don’t get anywhere.”

Days after the hearing, Olvera and his daughter took what they saw as their only option.

“The only way to solve the problem was to get my dad out of there,” Schultz said.

Olvera packed a few belongings and they drove to her home in Aptos.

“He left of his own volition,” Schultz said. “He wanted to go. He was afraid.”

Boggess said he didn’t tell Schultz to run, but he understands why she did.

“If I was in Becky’s shoes, and I could see that I wasn’t going to get a fair shake, I’m not sure I would have made a different choice,” Boggess said.

In subsequent Guardian Court hearings, Shafer’s lawyers accused Schultz of kidnapping her father.

No such charges were ever filed, but Norheim did issue a bench warrant for Schultz’s arrest after she and her father ignored his order to return for a court appearance.

“This was considered a kidnapping because he’s incapacitated. And (Schultz) took him in violation of Nevada law, and we can’t allow that to happen,” Norheim recently told the Review-Journal. “There has to be enforcement of the statutes.”

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(Page 3)


Although Olvera made it out of Nevada, his money did not. For years after Schultz and Olvera fled to California, Shafer continued an expensive court fight to maintain his status as the old soldier’s guardian.

Olvera paid for all of it — about $240,000 in legal costs over five years, all billed to the estate Shafer still controlled.

More than $130,000 of the charges went to lawyers representing Bristol and Shafer, Solomon Dwiggins and Freer, Clark & Trevithick in Henderson, and the Grunksy Law Firm in California.

Shafer himself charged $250 per hour to send emails or make phone calls related to the case. Often he and his lawyers would discuss matters over the telephone, with each billing Olvera’s account separately for their time, according to invoices obtained by the Review-Journal.

Clark County District Judge Charles Hoskin, who supervises the guardianship program, said he doesn’t see a problem with Shafer’s rates or billing practices.

“Given his background and experience, I think that’s a reasonable number,” Hoskin told the Review-Journal.

Lawyers fighting Shafer on Olvera’s behalf also were paid from his estate, but their bills amounted to just about $60,000.

All told, over about 31?2 years Olvera’s estate had been tapped for at least $420,000, Boggess said in a U.S. District Court lawsuit filed last fall in Las Vegas.

In the lawsuit, Boggess accuses Shafer of inflating bills, submitting false charges and embezzlement.

“They were robbing me of my money,” Olvera said.

In Nevada, guardians are allowed to use their ward’s estate to pay for services and other fees, including attorney fees. But many involved in the guardianship world warn that the practice is easily abused by those in power.

“When people aren’t using their own money to fight the war, the disincentives aren’t as present,” said David Hardy, chief judge of District Court in Washoe County and an advocate for reforming the guardianship system. “Those numbers add up very, very quickly.”

In late 2012 the legal case was transferred to a Superior Court in California, where on Aug. 21, 2013, a judge terminated Olvera’s guardianship, restoring his ability to manage his own affairs. Shafer withdrew his accusations of kidnapping, and the bench warrant for Schultz was dismissed.

The judge in California did not respond to interview requests, but in court he cited Olvera’s improved condition thanks partly to being home with family.

“I never felt that my father needed a guardian,” Schultz said. “He just needed someone to assist him for his disabilities.”

Olvera still struggles with a bum knee, a sore shoulder and back, and permanent frostbite damage from his wartime service. But those injuries don’t slow him as much as they used to, thanks in part to electric chair lifts the Veterans Administration installed in Schultz’s two-story house. The VA also gave him a motorized scooter.

When the old soldier was a ward in Nevada, no one bothered to ask the VA to help improve his quality of life, Schultz said.

“None of my dad’s benefits were really utilized, because Shafer really didn’t care,” Schultz said. “I believe that if I’d left him there that he would be dead now.

“He’s healthier, heavier and happier than when he was down there,” Schultz said. “He’s in his comfort zone.”

Olvera and his son-in-law seldom miss a VFW post meeting, barbecue or parade. That VA-provided scooter gets good use.

No longer surrounded by strangers and left with no say over his own life, Olvera has no complaints.

Family and friends “treat me real fine,” he said. “They feed me anything I want … They know what I like.”


From the NYT–BOA ordered to pay millions to blacks due to discrimination

is anyone surprised?

As an employer, it wasn’t exactly the bank for all of America.

Bank of America was ordered Monday to pay 1,147 African American job applicants $2,181,593 in back wages and interest after a judge found that the company’s Charlotte office had racially discriminated against them.

Judge Linda S. Chapman ruled that the bank used “unfair and inconsistent selection criteria” when it routinely chose white applicants over black job-seekers in 1993 and again between 2002 and 2005.

In 1993, the Labor Department’s Office of Federal Contract Compliance Programs launched a review of the bank that turned up evidence of “systemic hiring discrimination” against African Americans, denying them entry-level clerical and administrative positions.

A judge ordered Bank of America to pay $2.2 million to more than 1,000 African Americans who were denied work at the company's Charlotte offices. 

A judge ordered Bank of America to pay $2.2 million to more than 1,000 African Americans who were denied work at the company’s Charlotte offices.


Bank of America vigorously contested the allegations and argued that the Labor Department did not have the legal authority to impose fines against it, but the judge sided with the government’s claim that because the bank is a federally insured entity, it qualifies as a federal contractor.

The ruling was a long-awaited victory for the Labor Department, which had first brought the case to court in 1997.

“Wherever doors of opportunity are unfairly closed to workers, we will be there to open them — no matter how long it takes,” OFCCP Director Patricia A. Shiu said in a statement. “Judge Chapman’s decision upholds the legal principle of making victims of discrimination whole, and these workers deserve to get the full measure of what is owed to them.”

The Labor Department conducted a review of the bank in 1993 and found what it said were “systemic hiring discrimination” against African Americans.


The bank must now pay $964,033 to 1,034 applicants who were rejected for jobs in 1993, and another $1,217,560 to 113 African Americans who were denied work between 2002 and 2005. In addition, Bank of America has been ordered offer jobs to 10 applicants who were originally turned down.

The bank, meanwhile, refused to comment on the specifics of the ruling.

“At Bank of America, diversity and inclusion are part of our culture and core company values,” Christopher Feeney, a spokesman for the bank, said in a statement. “We actively promote an environment where all employees have the opportunity to succeed.”