Take a look outside today – the Sun is out, the weather is mild, the air is fresh, and it is great to be alive. It is even a quiet news day! However, the media is up and at them pouring vitriol and irrelevancy into the atmosphere.
The real news of the day is obscured by nonsense such as the recount, who President elect Trump is going to appoint for his personal dog=catcher and who Senator **** objects to him because of his stand on *****. However, lets look at two fact situations:
My question is very simple. Which attorney is more ethically challenged?
Here in Illinois I am referring to actual cases that have been presented to the Illinois Attorney Registration and Disciplinary Commission. The commission – affirmed by the Supreme Court of Illinois determined that the attorney in Fact Situation 2 was the not only unethical but deserved to have his/her law license suspended. In two of the three cases in which this fact situation 2 occurred the offense was so obscene to the Supreme Court of Illinois that interim suspensions were imposed!
It is submitted that the two fact situations represent ipso facto represent serious problems for a democratic society. The suppression of the duty of the legal profession to expose criminal conduct within the judicial system is not only reprehensible but a breach of the public trust. It is one of the most serious breaches of the public trust as it is a ‘gold standard of corruption!’ and totally contrary to the core values of America. Why is the media not interested? Why is there no hue and cry? How do the miscreants get away with their perfidy?
The fact is they do because the media is obsessed with worrying about non-issues and frightened to disclose Establishment political and judicial figures raping Ms. Liberty! Like it or not, this scenario has been the proximate cause of the Sanders and the Trump movement. It may sound like an old record, but no matter how the present political climate is couched the average American no longer is going to voluntarily tolerate from any political or judicial figure calling US stupid, or insisting that up is down, right is left, dark is light *****.
That said, the rumblings of dissent are starting to grow. The cover- up is also gaining momentum! No amount of recounts are going to change Wrong into Right or confuse fidelity and honesty with deceit and fraud. That does not mean that the miscreants are not going to try. The Attorney Registration and Disciplinary Commission is still going to try and we can expect that the Supreme Court of Illinois will rubber=stamp their perfidy. The fact situation 1 scenario is the Seth Gillman proceeding. The actual criminal acts of Seth Gillman were not sufficient for anything but cursory action on the part of the Attorney Registration and Disciplinary Commission of Illinois; however, when it became public that Mr. Gillman was co-operating with the FBI in its investigation of similar criminal scenarios the IARDC acted promptly – it requested from the Illinois Supreme Court an interim suspension of Mr. Gillman’s license.
Obviously, the alleged (now admitted) theft of trust funds, health care funds and fraud were to plebeian for such an ‘august’ group such as the IARDC to concern itself with; however, the co=operation of Gillman (like the facts in fact situation 2) merited immediate response.
NB. it has been reported that the IARDC acted in a similar manner when Operation Greylord was being undertaken by the United States of America.
Why does the press (media) not cover such serious assaults on America by the public officials at the IARDC and the Illinois Supreme Court? We all know the reason! We also know that today is the day that we – i.e. you and me – have to take some action to removed the corrupt public officials from office and shame the media into doing its job and honestly and appropriately exposing the criminals who prey on us (us being you, me and the great unwashed).
If we remain silent and allow the mainstream media to distract us from the duty that we have of protecting ourselves – we will have no democracy, no freedom, and no republic.
And I still note that the City Lawyers have not turned over numerous tapes of blacks and minorities being gunned down on Chicago’s South Side. What attorneys are covering that mess up at the ARDC and costing taxpayers millions by enraging federal court judges to issue sanctions and the little guy gets no relief.
It has been reported on this blog highly suspicious property records by judges and clouted attorneys and the ARDC wherein it appears one person takes out a loan, and another (ingratiated and looking for quid pro quo) is paying it off; i.e. money and bribe laundering.
It would take the FBI or the states attorneys minutes to get a warrant and pull the bank records to see the type of individuals expecting quid pro quo for hundreds of thousands of dollars per miscreant.
This blog has been publishing this information for quite a long time now, yet no indictments have appeared on the horizon.
Illinois citizens should be asking why? Is not the FBI still getting millions for investigations. Is not the IRS and Illinois Dept of Revenue listening?
How much clout does it take to cover up hundreds of thousand in bribes?
Why was it determined that one states atty from a small county was found with $500k in her election campaign fund. Who put it there and what are they expecting for quid pro quo on that amount.
Just where are the state’s attorneys, OIG (Office of Inspector General) and the FBI on all of this.
Again, more questions than answers.
The Public deserves better from its elected and appointed officials who are paid hamsomely to do their job.
All JoAnne Denison and I asked for was an HONEST INVESTIGATION of a guardianship that was so flawed the flaws stuck out as sore thumbs. The flaws were: 1) the Sheriff denied serving summons; 2) the jurisdictional criteria of notice to near relatives was ignored, 3) there was no hearing to determine either incompetency of the degree of incompetency, and 4) there were two guardian ad litem, the petition was improper, and the Judge admitted in her evidence deposition at page 91 that regardless of the evidence she would find the need of a guardianship. (You cannot make this stuff up!)
The victim died and about 3 million dollars including a million dollars in gold coins disappeared! Jerome Larkin the administrator of the Illinois Attorney Disciplinary Commission went the extra mile to cover-up the theft and eventual murder of Mary Sykes. His cover-up continues unabated.
It is my impression that a simple solution to this elder cleansing scandal is to have the IRS appear at Mr. Larkin’s doorstep and demand that as he is a co-conspirator (and therefore has joint and several liability) that he pay the taxes, the interest and the penalties on the booty! He might then do his job and an HONEST INVESTIGATION would occur. The miscreants have in the aggregate stolen billions of dollars. With the interest and penalties the State of Illinois upon collecting the taxes, interest and penalties would be bailed out and the USA a windfall sufficient to rebuild its infra structure!
The victims – such as Mary Sykes, Alice Gore, Carolyn Wyman ***** are all dead; however – the miscreants and their co-conspirators all laugh all the way to the Bank. The ‘wired’ judge was elevated to the Appellate Bench as a reward for her services to the miscreants in preventing an HONEST INVESTIGATION.
So audacious are these criminals that they openly intimidate any who speak up. They get away with it also: Seth Gillman literally escaped the loss of his license as he admitted to committing hospice frauds. (He was dragging the bottom of the barrel !) However, when he started to co-operate with the FBI and his co-operation become public knowledge, Mr. Larkin and the Illinois Attorney Registration and Disciplinary Commission were quick to act! The immediately filed with the Illinois Supreme Court a Petition for an interim suspension of Mr. Gillman’s law license. It was interesting to note that before his co=operation was known, their quest for his license was about slim and none! THE PENALTY IN ILLINOIS for even a sniff of co-operation in the fight against elder cleansing is Professional death!
please contact me asap if you choose to help in other ways listed or not listed.
Courtroom Observers needs asap for upcoming court dates.
The next known date is Tuesday, December 27, 2016 at 8:30am.
Central Justice Center
700 Civic Center Drive West
Santa Ana, Calif 92701
DEPT 60 … it is usually Commissioner Edmund Hall, but could be a stand in.
1) Please text me when you arrive and are parked. Please arrive at 8:15am at Dept 60 outside these entry doors on the 3rd floor to meet me.
2) Please check for Kathryn Stuart’s name on the outside of Dept 60 list to the left of the entry doors.
2) Please check the name on the name card in front of the judge’s bench
3) Please look professional (black is always good), have legal notepad and few pens or pencils with which to take notes.
5) Please type your notes after the event and email to me at: email@example.com. I’ll ask you a couple questions if need be to remind you of something that is urgent to see if you heard and then ask you to notarize your affidavit of facts and send me 4 copies to:
1048 Irvine Avenue, #544
Newport Beach, California 92660
BESIDES COURTROOM OBSERVERS, I NEED MUCH HELP…HERE ARE SOME OTHER NEEDS:
Someone to pick up and return to/from court (my car was stolen).
COPY MAKER: Help making copies if anyone has a home copy machine as need 4-5 copies of each document.
PLACE TO LIVE ASAP for me… looking (to exchange healthy cooking – also do planning, shopping, and clean up – or health consultations or personal fitness training or good companionship for dining/cultural arts or rent) guesthouse, back house, studio, master bedroom (which has inside bathroom), or, at the very least, a private bedroom with full bathroom just outside the bedroom door.
PLACE TO LIVE for Kathryn who will be able to pay rent once she starts working but I expect it will take about 6 months for her to be able to rebalance and re-energize as has Cothard’s Syndrome which is a very rare syndrome for young females who have an extremely low level of nutrition and electrolytes as to be life-threateneing so one thinks they are dead. She has this from the 1.5 years in jail receiving no nutrition and no safe drinking water. Kathryn is being sexually assaulted since last August by deputies who also give her a shot where she passes out for three days. She just told me on November 9 and I’ve called and reported Nov 14, to the FBI but not sure if they have any good, honest people in there either. I was treated like scum just trying to get someone on the phone.
Thanks for any and all help.
I’LL BE GIVING A HEALTH TELESEMINAR FOR ALL HELPERS AFTER KATHRYN RELEASED OR ON A WEEKEND WHERE I CAN DO SO AS HAVE ALL DOCS DONE.
Black Friday sale–all Lulu.com books are 33% off!
Now is the time to order.
Subject: Re: FULL RECOVERY — Where In The Hell Are My “Inalienable Legal Rights” & “Durable Legal Safeguards”?
Law School Accreditors Raising the Bar
Yesterday I received an e-mail from my daughter which I forwarded by e-mail to everyone in sight. (Analysis of the election continues, noting that many candidates did well by simply challenging the establishment).What is so wrong with the establishment? Why is “establishment” such a dirty word? The e-mail that I forwarded points out in simple words of one syllable the answer. Political correctness. It is now politically correct to abuse, exploit, and dehumanize the elderly and disabled, however, it is not politically correct to talk about it.When Diane Nash, an icon of the Civil Rights movement sought to obtain the public accommodation of attending one of the kangaroo hearings involving the demonization of Attorney JoAnne Denison, she was barred from the hearing. How was this act of racial discrimination rationalized? It was not – the agent of the Supreme Court of Illinois (Jerome Larkin) just ignored the anguished calls! The Establishment did not call him on it, nor will they. Larkin knew that there was a vacant seat right next to me – however, he would not even give the usual insincere apology that is so common amongst the political set. Simply put – it is politically correct to deprive persons of their civil rights as long as you have sufficient clout and your standing in the establishment is intact.It goes without saying that it is politically correct to take citizen’s FIRST AMENDMENT RIGHTS away if they do not comply with the current political view. For instance, JoAnne Denison’s blog MaryGSykes exposes judicial corruption and has called for an HONEST INVESTIGATION of the Mary Sykes, Alice Gore, Carol Wyman ***** cases, and points out that at page 91 of her evidence deposition, the Honorable Maureen Connors admitted to being corrupt, in words and phrases admitting that she was ‘wired’ (‘fixed’) when hearing the Mary Sykes case. To the politically correct Illinois Supreme Court, Attorney Disciplinary Commission (IARDC) and of course the “administrator of the IARDC, Jerome Larkin, the First Amendment does not apply to citizens who disagree with Establishment’s War on the Elderly and the Disabled. He wrote to the Supreme Court of Illinois that the exposure (in the blog) of judicial corruption was akin to yelling “fire in a crowded theater!” To attempt to silence Ms. Denison the Supreme Court of Illinois ordered that he license to practice law be suspended! Simply put – if a lawyer complains of corruption or the elder cleansing of the elderly and the disabled it is not politically correct and that lawyer’s Civil rights are forfeit.In the Lanre Amu case the political correctness was taken to a National Socialist extreme. Amu was suspended from the practice of law because not only did he complain that Judge Egan was hearing a case in which she was a member of the Board of Directors of the defendant (and her brother was an attorney for the defendant) but he had the temerity to have the wrong skin color and worse yet – a prestigious business publication (Crain’s Chicago Business) made the same charge. Mr. Amu was suspended from the practice of law by the Illinois Supreme Court. Simply put – if a lawyer complains of corruption and has a dark hue to his skin, such is ipso facto politically incorrect and that lawyer must be suspended from the practice of law for his audacious failure to be politically correct. The political incorrectness is gross and lacking respect for the Establishment. Practicing Law while Black is inexcusable in the eyes to the Illinois Supreme Court.Political correctness is the Law of the Land and it obviates even the State and Federal Constitutions. Of course, it is not politically correct to point this fact out and therefore the weight of the Establishment must be throw at the offender. WikiLeaks exposed the e-mails of the Establishment at the Democratic National Committee attempting to quash Bernie Sanders’ revolt against the Establishment. Probate Sharks, MaryGSykes, NASGA, AAAPG **** and other blogs have attempted to expose the plot of the Establishment to extinguish and cover-up the Establishment’s War against the Elderly and the Disabled.Political leaders, such as Illinois’ senior senator are successfully leading the Political correctness movement and the War on the Elderly and the Disabled. I wrote to the senior senator requesting his assistance. I received his reply – a copy of a stupid speech he gave on “saving Social Security.” I wrote the junior senator – he was defeated in the last election. I personally called for an HONEST INVESTIGATION – the Supreme Court of Illinois suspended my law license and forced my retirement.The battle goes on – the Chicago Tribune Article is worth repeating!
SUFFERING IN SECRET:
Illinois hides abuse and neglect of adults with disabilities
- Beginning in the 1970s, Illinois downsized state-funded institutions because scores of people were inappropriately confined there.
- In the late 1980s, state officials created a special license for group homes that provide care for eight or fewer adults with intellectual and developmental disabilities. These homes were designated Community Integrated Living Arrangements, or CILAs. There are more than 3,000 such homes today.
- The U.S. Supreme Court ruled in 1999 that people with disabilities have the right to live in the least restrictive setting possible. Known as the Olmstead decision, the ruling also stated that unnecessary institutionalization violated the Americans with Disabilities Act. The decision forced states to fund more community services.
- In 2007, Illinois launched the Pathways to Community Living program, a federally funded initiative to transfer thousands of people with disabilities into group homes or other community placements from state institutions or nursing facilities providing long-term care.
- In a federal settlement known as the Ligas consent decree, Illinois agreed in 2011 to fund community access for adults with disabilities who lived in private intermediate-care facilities with nine or more beds, and those who lived at home but had sought community services or placement.
- Also in 2011, a federal court approved a sweeping agreement — the Colbert consent decree — that required Illinois to fund more community options for Medicaid-eligible nursing home residents with disabilities.
- In late 2011, then-Gov. Pat Quinn announced a cost-saving plan to close multiple state institutions and move hundreds of adults with disabilities into group homes. The Jacksonville Developmental Center was closed, but state officials shelved plans to shutter the Murray Developmental Center following a court fight with parents of residents.
Copyright © 2016, Chicago Tribune
From Ken Ditkowksy
THE TIME IS NOW FOR THAT HONEST INVESTIGATION that Jerome Larkin, the Illinois Attorney Registration and Disciplinary Commission and the Supreme Court of Illinois are fighting against. The intimidation of lawyers who pursuant to Rule 8.3 report these outrages has to stop. Reporting corruption should not be considered to be akin to ‘yelling fire in a crowded theater’ and blogs such as the MARYGSYKES blog should be protected – as required by the First Amendment.
Medicare Scammers Steal $60 Billion a Year. This Man Is Hunting Them
These kids report massive does of Seroquel, Halodol, Risperdol, plus the typical Ritalin and Concerta. The kids report they feel like bricks are on their heads, that they are a zombie.
Watch the entire series and see how the courts look the other way when anyone complains about how FDA black box warnings on the drugs says they are not to be used for those under 20 and over 60 or those that have heart disease, dementia or cancer or internal organ damage.
We need to educate and force the court to stop drugging our foster kids and elders for profit.
Keep Youtube.com going and watch the entire series and see how kids are abused further in foster case with psychotropic drugs.
You can Order from this Link: Teresa Lyles Book
After years of going to the blogs, media and social media, I just heard from Candice Schwager that Earnestine is finally free to go home and live where she wants!
I am so happy for them both.
I am hoping to get a full report from Doug Franks, but for all of you praying for her release from forced placement in a nursing home, and restrictions on visitation by Doug, your and our prayers have been answered.
The following video was taken at a dog park where Ernestine is obviously enjoying a freedom she did not have for the prior years under guardianship in a nursing home.
Here is the full story on mega media–Just in!
from the story:
ATLANTA – Many aging loved ones have plans for when they are no longer able to make decisions for themselves, but are those plans legally binding??
Advance directives — legal documents like living wills and power of attorney — tell your family, doctors and the court your plans for end of life care.
But Channel 2’s Dave Huddleston spoke with families who said they lost custody of their loved ones because those advanced directives weren’t honored in probate court.
“My mother made it clear who she wanted to take care of her and where she was going to live for the rest of her life,” Doug Franks told Huddleston.
In his mother’s advanced directives, 94-year-old Ernestine Franks said she wanted to stay in her Pensacola, Florida, home, and have her son, Doug, be her guardian when she could no longer make decisions for herself.
Doug Franks, who lives in Austell, already had power of attorney.
But after Ernestine Franks was confronted by a scammer while home alone, older brother, Charles Franks, wanted mom to move near his home in New Orleans. He said he contacted his mother’s trust who suggested a private guardianship company step in.
“He stated this was the biggest mistake he’s made in his life,” Doug Franks said.
Charles Franks also spoke to Channel 2 and explained his regret about the decision.
The brothers’ dispute landed in court.
In August 2012, a Florida probate judge said Doug Franks was unsuitable and unfit to act as guardian because of the dispute.
“We got in trouble because we wanted the best and we had different opinions what was the best for our mom,” Doug Franks said.
Ernestine Franks’ advanced directives, which included declaring Doug Franks durable power of attorney, designated healthcare surrogate and future guardian, were voided.
A private guardianship company, Gulf Coast Caring Solutions, took control of Ernestine Franks’ well-being, and Synovus Bank controlled millions of dollars in her trust.
“It was sad,” Doug Franks said. “The entire way, I drove back thinking I let my mother down, and she’s never let me down.”
According to court records, the sons’ visits with their mother were limited, and mostly supervised.
Gulf Coast Solutions asked the Franks brothers to not contact their mother three weeks after the guardianship was finalized so Ernestine Franks could establish a routine and bond with her caregivers.
Gulf Coast Solutions and Synovus gave up their rights to the Franks’ estate and Ernestine Franks in November 2014, citing a challenging relationship with the Franks brothers.
A Florida Judge appointed CPA J. Alan Kohr as her guardian and conservator. According to court transcripts, Kohr had been court appointed to serve as guardian or trustee in Escambia County, Florida, 46 previous times.
Doug Franks said guardians spent thousands from Ernestine Franks’ trust on food, personal care and fighting the brothers in court.
“It’s a dark cloud that’s over us all the time,” Doug Franks told Huddleston.
According to Escambia County Court system, guardianship cases are not handled solely at the discretion of the judges.
“Like all other cases in the judicial system, there are statutes, rules and other legal authority that apply and judges use their discretion and judgment within the parameters of the legal authority,” Susan A. Woolf, general counsel for Escambia Courts, told Channel 2 by email.
“Yes, they can override the advance directives,” elder attorney Danielle Humphrey said.
Humphrey said Georgia probate judges rarely void advance directives, and private guardianship is nonexistent in Georgia, but can effect Georgians with loved ones in other states.
In places with a high retirement population — like Florida — adult guardianship is big business.
“Possession is nine-tenths of the law and unfortunately, once they become under guardianship, they’re like your child,” Humphrey said.
When a loved one lives out of state, it puts them at risk.
She said private guardianship companies, and individuals, can take advantage of an isolated elder.
“They’re in it for the money. It’s a business, so they’re going to treat your mother, or your father, like a business,” Humphrey said.
Humphrey, and other experts, said living far from an aging loved one puts them at great risk. They also said an interfamily dispute often leaves probate judges at a loss as to how to deal with the aging relative.
According to the National Guardianship Association, nearly 3,000 jurisdictions regulate guardianship nationwide and everyone is different.
While they stressed there is a great need for guardians and many do a great service, but not a lot of information on guardians nationwide aren’t tracked, so abusive practices, even the number of guardians, is unknown.
Channel 2 spoke to other families who say their loved ones’ advanced directives were voided by probate judges, but most guardianship records are closed so it is hard to know why a judge thought a company would be a better guardian than the family member named in the advance directive.
After a four-year fight, the Franks brothers said the guardianship company gave up, because the cash dried up. It was nearly $2 million.
The case went to mediation and the brothers were given guardianship of Ernestine Franks.
They consider it a blessing to have their mother back.
“I was lucky, I was lucky as hell,” Doug Franks said. “We’re going to get her back. The key is to help other people, too, so this doesn’t happen to them.”
Doug Franks has been working with legislators in Florida and families across the county to strengthen guardianship and probate legislation.
He told Huddleston he is now in the process of moving to Pensacola to be closer to Ernestine Franks.
I’m sorry I don’t have youtube or vimeo URL yet for this video, but Ms. Kathlee Arthur is appalled by the fact that the court has ignored the fact that once again (as many of you are familiar), a client has a recording of DCFS filing one thing, and then saying another in police reports or to the court.
As far as I have heard, state agencies (other than the police, which is also bogus) has NOT been granted a right to lie. However, I have multiple reports from the public, they do it all the time in court.
Any complaints fall on deaf ears. I hope Ms. Arthur will provide more details such as state, case details, etc. I’m going to research this a bit further.
Links to briefs of litigants
link to case information
Here’s Plaintiff’s Motion for Summary Judgment, it explains how a jury found the State actors lied, causing Mother to wrongfully lose her children:
During the last Presidential campaign the two candidates for President concentrated on demonizing their opponents. Each portrayed their opponent in the most derogatory manner possible. Some of the comments were fair, others were unfair, and still others were downright improper. Unfortunately, this Presidential campaign was and is not the only forum in which such obscenity occurs.
Just so that we cannot be properly accused of similar conduct, I think we ought to offer Jerome Larkin a public opportunity to explain the Lanre Amu case wherein we have accused him of gross racial discrimination and in particular obtaining the suspension of Amu for practicing law while black. At the very same time, we would like an explanation as to how it happened that Diane Nash was barred from the JoAnne Denison hearing. (There was a vacant seat right next to me!) NB. Crains Chicago Business made the same complaint as Mr. Amu concerning the activities of certain judges, and Larkin did not go after a single one of their lawyers).
In addition, it seems very appropriate that we give Mr. Jerome Larkin the opportunity to explain just how the blog MARYGSYKES is not protected by either statute of the First Amendment, and finally just how a statement appearing in the Probate Sharks blog asking for an HONEST INVESTIGATION is unethical and not protected by the First Amendment.
The hypocrisy being exhibited by the Political Establishment and the media is today monumental. The People of the United States of America have made a statement and it is time for lawyers to make a statement. Put up or shut up is not elegant or even polite – but it states exactly what the public wants today!
So: Mr. Larkin, if I can arrange for you to communicate on MaryGSykes, Probate Sharks blog, and/or on Bev Cooper’s “Coopers Corner” are you willing to make an HONEST STATEMENT?
Reposted with permission of the author:
PAYMENTS AND GIFTS TO JUSTICES OF THE U.S. SUPREME COURT
BY PEOPLE WITH CASES BEFORE THE SUPREME COURT
Query: Is it legal malpractice for an attorney to fail to advise his/her client to offer payment or gifts to the Justices hearing their case?
On February 13, 2016, United States Supreme Court Justice Antonin Scalia died at a remote, ultra-excl us ive, luxury West Texas hunting lodge, while staying there for free. The hunting lodge was owned by a busines s man whose company had recently had a matter before the Supreme Court. The businessman’s company prevailed in the matter. See the New York Times article written by Eric Lipton which was reprinted by the Seattle Times: http://www.seattletimes.com/nation-world/scalia-took-the-most-expense-paid-trips-on-the-court/
According to the article: “Among the court’s members, (Scalia) was the most frequent traveler, to spots around the globe, on trips paid for by private sponsors…Though that trip has brought new attention to the justice’s penchant for travel, it was in addition to the 258 subsidized trip s that he took from 2004 to 2014. Scalia went on at least 23 privately funded trips in 2014 alone to such places as Hawaii, Ireland and Switzerland, giving speeches, participating in moot-court events or teaching classes. A few weeks before his death, he was in Singapore and Hong Kong.”
There is no evidence that Justice Scalia was partcipating in any moot-court events or teaching any classes while staying at the resort.
Many experts in legal ethics, who teach legal ethics in law school to future lawyers, find nothing wrong with this practice.
Organizations opposed to these practices include the Center for Responsive Politics, Fix the Court and Common Cause.
Congresswoman Louise Slaughter, D-N.Y., and U.S. Senator Chris Murphy (D-Conn) re-introduced the Supreme Court Ethics Reform Bill in April, 2015 to force the Supreme Court to adopt a code of ethics for Supreme Court Justices. The same bill was originally introduced in 2013. As Congresswoman Slaughter states on her website:
“ The questionable activities of some of our Supreme Court justices have been well documented – participating in political functions, failing to report family income from political groups, and attending fundraisers. It doesn’t make sense that members of the highest court in the land are the only federal judges exempt from the code of conduct. Our bill, the Supreme Court Ethics Act would, for the first time, make sure the justices adhere to the federal code of conduct and are accountable for these types of ethically dubious activities. Perhaps more importantly, the bill would help repair the public’s trust in the Court, the final arbiter of justice in America.”
“ I n 2012, 212 legal scholars jointly urged the Supreme Court to adopt the Code of Conduct for U.S. Judges. To date (April, 2015) , more than 130,000 Americans have signed a petition to Chief Justice John Roberts asking him to adopt a code of ethics for the court.”
There were 127 co-sponsors of the Supreme Court Ethics Reform Bill – all Democrats.
To date, no legislation has been passed and no code of conduct has been adopted.
Since Congress, many legal ethics professors and the Supreme Court itself say that gift giving and payments to Justices are acceptable, and since it is obviously very common practice, is it fair to say that gifts and payments are encouraged? Is this the standard of care in legal practice? Therefore, should attorneys and their clients with cases before the Court be encouraged to offer gifts and payments to Supreme Court Justices? Stated another way, is it legal malpractice for an attorney to fail to advise his/her client to offer such gifts or payments?
About the Author: Paul E. Simmerly is a freelance journalist and blogger writing about legal, judicial political, governmental, corporate and pharmaceutical industry corruption and misconduct.
Six of the court’s nine members received paid trips to Europe in 2014
Six of the court’s nine members received paid trips to Europe in 2014, including to Berlin, London and Zurich, as reported on the justices’ annual financial disclosure reports released Thursday. The excursions are just some of the many perks that come with having the final word on the nation’s laws.
The reports—which detail the stock holdings, travel, spousal income, gifts and debts of the nine Supreme Court justices—show the many ways that the judges can pad their finances beyond their judicial salary. Associate Supreme Court justices earn a salary of $244,400, while the chief justice earns $255,500, according to the Federal Judicial Center. The judges hold significant investments that have helped turn most of them into millionaires.
The justices do not have to disclose the costs of their reimbursed travels, which included a three-week multi-stop trip that Justice Anthony Kennedy took to Salzburg, Austria, San Francisco and Aspen, Colo., last July, paid for by the Aspen Institute and the University of the Pacific. New York University also paid for Sonia Sotomayor and Ruth Bader Ginsburg to travel to Florence, Italy. Chief Justice John Roberts taught a class on the history of the Supreme Court to students of the New England School of Law in London.
All of the justices received at least some free travel, even if not international.
Teaching and giving one-off lectures was a common side venture for the justices, seven of whom reported income from universities. Kennedy was an adjunct professor at the University of the Pacific’s McGeorge School of Law, Justice Samuel Alito taught at Duke University Law School and Justice Elena Kagan was a visiting professor at Harvard Law School.
Justices Antonin Scalia and Stephen Breyer both reported income from book royalties, though Scalia’s books seem to be selling far better, earning more than $33,000 in 2014, compared with the $7,000 Breyer reported. However, Scalia’s books did not sell as well as they did the year before, when he reported nearly $77,000 in royalties.
Besides their side gigs as teachers and book authors, six of the nine justices were also landlords. For example, Scalia’s property in Charlottesville, Va., netted him at least $5,000 a year in rent, while Breyer’s property on the island of Nevis in the West Indies earned less than $1,000 a year in rent. Justice Clarence Thomas reported owning one third of a rental property in Georgia but said he received no rent in 2014.
The reports reveal that the majority of the justices do not own individual stocks, reducing the likelihood that a conflict of interest would require a justice to remove him or herself from ruling on a case.
Only Alito, Roberts and Breyer own individual stocks, and all three have recused themselves from cases involving companies in which they were invested. Roberts stepped aside in at least two cases involving Time Warner Inc., in which he owned at least $350,000 worth of stock. Breyer sat out of a patent case because of at least $50,000 in Cisco Systems Inc. stock.
Alito sold his Coca-Cola Co. stock on April 16, 2014, just before the court heard oral arguments in a lawsuit against Coca-Cola on April 21, allowing him to rejoin the rest of the court for the case after recusing himself from the initial proceedings.
The disclosures were released Thursday, the day before the Fourth of July holiday and after delivery of the final opinions of the term. Typically the court has made them available in mid-June. The disclosures appear to have been delayed by Alito’s filing, which was amended on June 30, a month and a half after the May 15 filing deadline.
Though Roberts has hailed “modern technology” for making the financial interests of public officials more transparent, the federal judiciary remains old-school in its disclosure system. To check out the financial interests of the more than 3,200 federal judges, members of the public must request the documents by snail mail from court administrators in Washington, D.C., pay for reproduction costs, then either pick them up in person or have them shipped. By comparison, Congress makes its members’ reports available in a searchable database.
Click here to view the Supreme Court justices’ complete disclosures.
For sure the ARDC doesn’t pay out on crime victims. They deny the lawyers did anything wrong when in fact they clearly did, or they make up excuses why they don’t have to pay (thanks Jerome Larkin, we know what side you are on after the Seth Gillman prosecution that only happened after he turned state’s evidence).
Thank you Denise Rothmeier and FB for reminding us of this fund.
Let me know if anyone has any problems with their applications:
Today I am send two applications for crime victim compensation to the Attorney General’s Office. When these two families approached me with their situation as crime victims neither of them had been informed of victim compensation. Even though both had reported the offense to law enforcement. If you know of anyone who is a victim of crime, please inform them of crime victim compensation or refer them to me and I will help them with their application. We cannot let these funds expire and go unspent! To date, $11.2 million expired and went unspent. Crime victims are not being informed of this compensation which provides for reimbursement of therapy, medical costs, funeral expenses, loss wages or support, emergency housing, etc. Each crime victim can receive up to $27,000 for expenses related to the criminal offense. Please share and make sure everyone you know is aware of the Crime Victim Compensation fund, do not assume that crime victims are being informed of this vital resource which is intended to help survivors recover and rebuild their lives. Thank you, Denise Rotheimer 847-406-8566 or firstname.lastname@example.org Jasmine Jimenez Denise Rotheimer
Keep up the good work, Denise
Many years ago I ran across a Charity scam. It was a full proof money laundering scheme that was full proof and very simple. The scammer would make a charitable contribution and recover the contribution by a series of mesne transactions that benefited the donor. Let me simplify the transaction. I give ten dollars to a charity. The charity then buys an twenty cent apple from me for ten dollars and ten cents. It is my recent understanding that the nursing home cabal has a wrinkle on this scam – i.e. a kickback of x % in cash for every dollar contributed. This allows the charity to operate and also creates some tax free money for the donor. It also is a method of providing untraceable bribes to public officials. The payments by charities for services rendered etc are rarely questioned. For instance, if an attorney charge were to made for consultations or additional counsel in a lawsuit who is going to question it.
When I was questioned as to what advice I would give to Philip Esformes in light to the trouble he was in, I said candidly – he should go to the FBI and answer every one of their questions honestly accurately and without hesitation. I figures that the United States of America would be grateful to him for being honest and providing information that would allow them to finish their investigation in a successful manner more quickly and more successfully. I reasoned that he had a wealth of information.
Today I learned how to steal a billion dollars and why my advice was naive – but still good advice.
It has been previously alleged that the cabal had been preying on the elderly here in Chicago and their bodies were a treasure trove for a raid on the Medicare and Medicaid funds. I was indeed accurate, but again naive. The Florida scenario that resulted in the indictment was pure and simple human trafficking.
My understanding was that homeless people were targeted. They were picked up by agents of the miscreants who offered them money to engage in some benign medical testing. So that the criteria for the testing could be met, drugs were used to adjust the victim to that criteria. The net was that as every reaction has an equal reaction the victim was rendered helpless and in need of medical assistance. Victims were picked who were medicare or medicaid eligible and the sudden change was always Medicare eligible. Maximum remunerations were always obtained.
The breakdown apparently came when Esformes and his associates who were indicted used the same victims more than once and under multiple names. Government computers picked up information that was collated and caused investigators to become suspicious. Not only were the beds in nursing homes kept full, but, very profitable. As many of the victims were in relatively good health they could be victimized multiple times with little investment by the cabal. In areas such as Florida, California et al the supply of homeless people is always abundant.
I blinded copied Jerome Larkin as to this message as it is my understanding that his role in these schemes is being ferreted out and I expect that the next time that I talk to my contact he will have more detail. I have been making inquiry as to why Larkin was so opposed to an HONEST INVESTIGATION. The net is tightening. Mr. Larkin should adopt my advice – it is only a matter of time before this entire scenario is public knowledge.
The Nazi holocaust disclosed man’s inhumanity to man in its most vile form. No one of good will would have ever believed that such misconduct would ever occur again. No one would ever expect that such human trafficking could occur in the USA. However, when it was disclosed that the miscreants had pulled 29 teeth out of Alice Gore head to salvage the gold in her teeth, I realized that no inhumanity was too obscene for these people and the details of the Philip Esformes medicare fraud are suggesting that the Nazis were amateurs and there are no limits on depravity.
We need an HONEST INVESTIGATION now. We need to protect our homeless and our elderly from these predators – and also we need to prosecute the public officials (including judicial officials) who are ‘covering up’ for these horrible people! At the very least we should charge them Federal Income taxes – plus interest (jointly and severally) on the booty that they obtain (or obtained).
No more exploited and terrorized seniors and their families, no more problems with abusing families too. We must stop this practice and it begins with the State Legislature dismantling the Office of Public Guardian and putting into place a team of Elder Assistants.
No more thousands of dollars from Estates for ghetto like nursing homes when no one wants to go there. As long as a relative has a clean home, or the senior has a clean home, they can go home.
And lawyers have to stand behind such a system, even if it means no more bilking estates for chunks of cash (they should put a limit on that one too–5% per year and you can’t extend an estate more than 2 years except with permission of a citizen’s committee).
From Ken this morning;
I got the e-mail from a communication that I received and have decided to copy Trump.
Honesty and integrity have never been the strong point of any of our current political figures. As I dealt with the Trump organization I had an opportunity to develop my own brand of dislike for him. I also have friends who have had to dealt with the Trump organization in Chicago and one who actually dealt with him directly. I also was introduced to an attorney who represented Trump.
I have a fetish. I want to be able to be vulnerable without being prey. I watch here in Cook County the cabal of nursing home operators literally purchase the democratic party’s loyalty. In the Brewer case I noted that my friend Bernie Sanders – the Alderman of the 50th ward – was able to garner over 2000 votes from the nursing home residents – many of which in ‘real life’ hated Bernie. I noted how a US Representative got down on her knees for the cabal so that she could garner their votes – she changed her position to reflect what they wanted and bingo.
In real life I noted that my call for an HONEST INVESTIGATION caused a hail storm! I objected to the fact that several elderly people had been literally hauled into guardianships even though they were as competent as you and me. The railroad job was predetermined and their estates ravaged. One Carol Wyman had a problem with her husband – she would not consent to leaving the marriage devoid of the marital estate. Using the guise of guardianship he went to the democratic organization, they furnished an attorney and bingo she was declared incompetent, forced to live in a locked down nursing home where she was beaten and drugged and he became her guardian aka courtesy of Winnebago County OPG . The saga came to a hault when she escaped by her own means and ingenuity, and then her son literally kidnapped her and removed her from her home state to Colorado. She then lived out her life in a Western State AND the son was a fugitive from Justice being sought out for the contempt of court associated with removing his mother from the wrongful guardianship. You know about Mary Sykes. Do you know about Alice Gore. She had her mouth ravaged so that the miscreants could gain access to the gold in her teeth!
No one cares. Indeed, the call of an HONEST INVESTIGATION resulted in not only my suspension from the practice of law, but that of JoAnne Denison. In Florida similar events have occurred and occur on a regular basis. The GOA reports indicate that thousands of these cases are going uninvestigated and without remedy across the US. The money raised by these criminals is beyond conception. Philip Esformes stole a billion ($1,000,000,000) from medicare. How much he stole from the insurance industry and the victims has not been disclosed. Seth Gillman was accused of a billion dollar theft for hospice. – he was charged with only a few million dollars. The cabal owns in Illinois, Florida, California, New York, Arizona et al hundreds of nursing homes that are allegedly stealing billions of dollars and providing resident votes for the dominant political party – AND IT IS ALL A BIG SECRET.
If Trump really wants to make America Great he has on his plate one really easy task – with no political downside – All he has to do is enforce the RULE OF LAW. Enforcement of ADA is a simple example. Under ADA kidnapping an elderly person, isolating him/her from his family, and systematically looting his/her estate is illegal. (It is also illegal under other laws, but, any law enforcement agency that you call upon will find that someone else has jurisdiction and therefore they cannot help you. However, ADA has one enforcement agency – the Department of Justice –)
The current (Obama) administration has no interest in the elderly or the disabled. I wrote our Illinois Senator (Durbin) about the problem – he send a copy of some stupid speech that he made on social security. I wrote the Committee of Congress on the elderly – Elizabeth Warren felt that there was not enough information. Four GAO reports and about a hundred plus affidavits was not enough!
(from Joanne–I sent about 50 faxes to Senator Kirk’s offices and finally he called and said he would help but did not know where to reach me! I then asked about getting a hearing before the Senate Subcommittee on Aging and the House Subcommittee on the Judiciary and after repeated attempts, heard absolutely nothing more from his offices–go figure. Murdered seniors mean nothing. Elsewhere, Roseanne Miller has been told by Bellfontaine Police they do not investigate “drugging deaths” of seniors because extra medicine is needed for their comfort! Are they kidding???? The money runs out and then extra drugs and no food and water are condoned by police? See police report elsewhere on this blog. These are real people, not a cat or dog to be put down.)
It was usual for political figures to kiss babies and help grandma across the street. Today, the policy is scream about abortion and kick grandma down the stairs. I started out with copying all the political characters and got nothing. So far I’ve had one success in the copying of political people — Senator Kirk forwarded my suggestion that the people who participate and the people who cover-up elder cleansing are all liable for the Income taxes, interest and penalties on the booty.
The dollars from the nursing home miscreants have much more sway that plight to the vulnerable elderly. Health care has a 700% fraud surcharge. Obamacare could have worked if Obama had just enforced the law and reduced the fraud surcharge to the usually government program fraud of 25%. The Philip Esformes case demonstrates just how much fraud exists and how it is adding to the costs of health care. The five billion was generated from just 30 nursing homes. The cabal has control of more than 300 across the US. With it NY, Pa, Calif groups it might be as high as 3000.
If you really want to have a bad day – we could talk about the Defense Industry etc. We could take a look at the money wasted by the campaigns for the election of x, y, and z.
Trump may be the biggest pompous ass ever elected to any public office, but, he is not allied (as far as we know) with the miscreants who are carrying on a War against the Elderly and the Disabled.
The real world is not the world portrayed by CBS, Fox News, etc. Our real world is not dominated by anything other than the sun rose in the east and will set in the west, until, we become vulnerable and the core values of America are challenged. For more than 1/2 a Century I cross swords with all sorts of miscreant political figures and avoid their net by NEVER asking for a favor or special treatment. I would freely give – but never ask. And then I ran into the Nursing home cabal. With my friend Harry Heckert I caused to be disclosed some of their deepest secrets. I found in an examination of the books of a large nursing home that Administrative fees were illegally paid to the cabal. I found out through the representation of Mr. Draiman that the industry used Enron type of corporations to hide income and limit liability. The Burt Morgan case revealed the inter-workings of the satellite corporations etc. The tax dodges were shared with HH and he communicated them to the Fed.
When an attorney who was employed by the cabal was sued for disloyalty to the cabal and the cabal filed IARDC complaints against him (complaints against his license) I represented him and won. He then provided HH with additional information which was duly communicated to the IRS.
Indeed, all Trump has to do is be enforce the RULE OF LAW and a large cancer that is destroying America will be eliminated. His election obviates the establishment veto on EQUAL PROTECTION OF THE LAW and profiteering on the Elderly and Disabled. It was quite clear that Establishment had no interest in EQUAL PROTECTION OF THE LAW and still has no interest. They should! Everyone gets old. There is no reason why an elderly person ought to become “prey” Yes – a strong family protects its own – but, with corrupt courts and the misuse of guardianships the miscreants have been able to turn right into wrong, left into right, up into down and worse yet make it stick.
This is getting a little long, but let me show you just how insidious this ‘elder cleansing’ is
An elder person has some problems with comprehension. She is stubborn, independent, and secretive. It also appears that she does need a bit of help. The family is torn – they do not wish her 1.5 million dollar estate to disappear and leave her insolvent on the street and they cannot afford to support her. Their lawyers suggests that they ask the court for a guardianship. The eldest daughter is to be appointed grandma’s guardian.
All the proper steps are taken. The eldest daughter becomes the guardian and is solicitous of her mother to an obscene degree. The guardian ad litem learns of the excesses that guardian has given mother and files a complaint before the Judge pointing out that money of the ward is being expended carelessly and capriciously. These expenditures are without order of Court.
The Judge is outraged and immediately orders and accounting and surcharges the daughter for her excesses toward mother. ultimately the daughter is removed as guardian ad litem and a new guardian is appointed. This guardian is part of the cabal. The bond of the daughter is attached to repay the estate and mother is now placed in ‘sheltered care.’ The facility might be a residence owned by one of the nursing home cabal members. The family is barred from visiting as they create **** in the victim and the pious judge enters a supervised visitation order to protect grandmother from her family. Systematically the 1.5 million dollars disappears and grandma’s condition worsens every day. Ultimately she is placed in a nursing home and when the last dollar is extracted – bingo – Grandma dies!
No, this is not a fantasy – check out the Alice Gore case out of Cook County, Illinois. The miscreants even ravaged her mouth removing 29 teeth so as to recover the few grains of gold that they possessed. see: Probate Sharks, NASGA, AAAPG, MaryGSykes blog. (This scenario has been carried out time and time again and the Establishment is uninterested – maybe Donald Trump = who is 70 = might at least order an HONEST INVESTIGATION)
In summary –
And just so everyone remembers, Ken and I are still suspended and every day I get calls from the public crying that valid complaints to the ARDC are still being dismissed, Jerome Larkin is refusing to see them or deal with their complaints, and he continues his vendetta against myself, Ken and other attorneys who speak out against corruption.
Of course, supression of 1st Amendment rights is a felon, but Mr. Larkin cares not.
Numerous court cases and Law Review Articles make it clear lawyers such as myself and Ken have the right (and we believe the duty), to speak out against corruption.
But what do we find from the ARDC? A complete lack of Due Process–no discovery, no expert witnesses–many crucial pleadings stricken from the record, etc. and then I FIND OUT I AM CHARGED $8,000 FOR AN UNLICENSED COURT REPORTER to convict me during this illegal proceeding which ends in the suspension of my law license.
And for doing what? Speaking out against the systematic fleecing of seniors and disableds in Guardianship cases.
It’s an appalling situation for a State Agency to be in .
They thought they could shut up a popular blog, but they can’t.
They thought they could cover up the evil, manipulations and ledgerdermain of clouted attorneys, but they can’t.
They thought this would all go away and Ken and I would run away scared, but we didn’t.
Whatever they thought they could do, they were wrong.
This blog is more popular than ever. Teresa’s book is coming out soon and so is my book.
The stupid elections are over, and the jig is up. This blog continues and it stands for the little person who does not need or desire to be fleeced by the court system, told by attorneys to shut up in court and just take it, and by judges that just don’t care.
I care, and so does Ken and so does Candice Schwager and Nejla Lane.
We want a cleaned up ARDC and Illinois Supreme Court. We want these groups to understand the First Amendment has not gone away, no one should be taking bribes or favors so the elderly can suffer in abusive guardianships and in nursing homes they don’t want to be in, and for sure they don’t want to pay for (up to $15k per month in guardianship court–and just who is getting kickbacks. Try serving THAT discovery on your clouted attorneys and courtroom vendor rats).
But I hear from the word on the street the FBI is involved and very interessted in this system, and they ARE putting together indictments.
The ARDC doesn’t think so, and if you protest that it is, the Illinois Supreme Court Backs up Jerome Larkin and the ARDC by saying it’s legal to own the elderly, force them into nursing homes against their will and fleece their estates with outrageous nursing home fees and legal fees. And I’m sure at one time, many Illinois Lawyers and Judges stood behind state’s rights to enslave Africans and keep women from taking the bar exam or even being licensed as attorneys. The past is not always right.
Let’s see what the Huffington Post has to say on the issue:
As the 71st session of the General Assembly of the United Nations begins this week to discuss international issues that affect the lives of millions throughout the world, the United States needs to step up its commitment to safeguard human rights and promote the rule of law in its own backyard — specifically, escalating abuse in the U.S. Elder Guardianship system.
It’s legal, but is it right?
Imagine you’ve worked hard all of your life and suddenly you are deemed incapacitated and are stripped of your dignity and basic individual rights. You have been abducted from your home, isolated from your family, and “placed” somewhere to be medicated while your assets are being pillaged. The authorities that should be protecting you are the ones committing these heinous acts. It sounds like Nazi Germany, but this is happening in the United States today.
The victims are seniors. The partners in crime are financial predators and agents of the Elder Guardianship system — attorneys, professional guardians, medical experts, and others who are paid out of the senior’s assets. There are some good judges but many are overworked and some are actively aiding the exploitation. Anyone can file to deem you incapacitated. The entire process from filing an incapacity petition to plenary guardianship where all rights are removed can happen within days. Yet, once you’re caught in the web, it’s almost impossible to break free… AND you are forced to pay your abusers in the process.
A 2013 AARP report gave a “best guess” estimate of the number of adults under guardianship nationally at 1.5 million. Idaho and Minnesota are the only states that track the amount of money being controlled by guardians or conservators; the combined total for just two states is over $1 billion. Guardianship is supposed to protect older citizens. However, what happens when the system is broken? A 2010 federal study by the U.S. Government Accountability Office (GAO) identified hundreds of allegations of physical abuse, neglect and financial exploitation by guardians in 45 states and the District of Columbia between 1990 and 2010. In 20 cases, the GAO found that guardians stole or improperly obtained $5.4 million in assets from 158 incapacitated victims.
The Abduction of Lillie
Tuesday, September 6, 2016 was Lillie’s 88th birthday and her family didn’t know where she was. A week earlier, on August 30, the court-appointed Emergency Temporary Guardian abducted her from a doctor’s office while her niece was in the other room filling out papers. Although Lillie was happy and safe in her Palm Coast home of twenty years, the guardian “placed” her into assisted living and refused to tell her family the location. Lillie was not in danger and there was no emergency situation or other credible justification of such extreme and deceptive action. Video of Lillie from July 30, 2016 — just a month before — shows a vibrant African-American woman enjoying her home and family, and vocal about her financial affairs and this case. In fact, she does not seem incapacitated at all.
Since the case started in 2012, three good doctor’s reports that could have given Lillie her rights back went stale through a legal shell game of loopholes, frivolous objections and unethical behavior. Now, while she is sequestered and possibly sedated, they are pushing hard for plenary guardianship, which would take away her last two remaining rights: the right to vote (she is a registered Democrat excited about voting for Hillary Clinton) and the right to choose with whom she socializes. Over a dozen attorneys and others have been invoicing against Lillie’s assets, while the temporary guardian has not paid Lillie’s basic bills or given her a penny of her own money for food or personal living expenses. The temporary guardian has been neglecting her fiduciary responsibilities and violating standards of practice, but Lillie’s sister and over 50 nieces and nephews are the ones being shut out.
The sudden manner by which Lillie was involuntarily placed in an anonymous location and isolated from her family and support system was likely traumatizing to her particularly given her past victimization. The initial evaluation for incapacity happened in 2012 when she was held captive for eight months at the home of a family friend. She eventually called 911 and escaped. Now, after five years of systemic abuse, Lillie is being violated again — this time by the temporary guardian who is supposed to be her advocate. Getting old is not a crime, yet Lillie is being treated like a criminal. Tonight, she is somewhere alone in assisted living probably wondering why her family has abandoned her.
Captors use social isolation to torture prisoners of war. Social isolation of otherwise healthy, well-functioning individuals eventually results in psychological and physical disintegration, and even death. Nevertheless, the Emergency Motions filed in court to get Lillie returned to her home and family have been ignored.
Florida’s “Liquidate, Isolate, Medicate”
In Florida, there are 5 million people age 60 and older and that demographic is expected to account for most of the state’s population growth in the next 15 years. Yet, seniors who have come to this retirement haven are actively being deprived of life, liberty and property without due process of law. The guardianship system oversteps constitutional rights and goes against the Equal Protection Clause of the 14th Amendment that forbids states from discriminating invidiously against some of their citizens.
Professional guardianship is considered a “growth business,” with the number increasing from 12 registered professional guardians in 2003 to 456 in 2015, according to the Florida Department of Elder Affairs. The abuse is so rampant that the process itself has been called “Liquidate, Isolate, Medicate.” With 40 hours of training and a modest background check, a professional guardian can start earning $85 an hour and have control over a ward’s property, finances, medical decisions, housing and social relationships. In other words, the guardian has the ability to: liquidate your assets by selling your home, car, etc.; isolate you from your family as guardian of “your person;” and put you in a nursing home to medicate you until you die. All of this is supposed to be in your “best interest.” An ABC13 Investigates report dubbed it “The Grey Prison.”
For example, 89-year-old Marie, featured in the Sarasota Herald-Tribune‘s Elder guardianship: A well-oiled machine, had her rights removed at the request of her stepson-in law. The court ordered a trust company to pay out some $635,000 to attorneys, guardians and other involved in her case. She survived wartime Poland and said even Hitler’s Germany failed to prepare her for this travesty. Republican member of the Florida House of Representatives Larry Ahern said, “In extreme cases, the wards are sometimes prevented from regaining their competency and remain, in effect, prisoners of guardians.” How many seniors, like Lillie and Marie, are being exploited in this cruel and systemic manner?
Due to a string of horror stories and rising complaints, on March 10, 2016 Governor Rick Scott signed into law Senate Bill 232 creating the Office of Public & Professional Guardians to replace the Statewide Public Guardianship Office within the Florida Department of Elder Affairs. In April, they initiated rule making procedures to address the regulation of professional guardians, including standards of practice and disciplinary guidelines. These are expected to be in place October 2016. While these necessary changes are underway, what happens to seniors, like Lillie and Marie, who are being victimized this moment in Florida? Will they get a pardon and be set free?
A New Form of Human Trafficking?
According to the United Nations Office on Drugs and Crime, Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons as the “recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”
Trafficking involves psychological coercion to render someone a slave. To do this, perpetrators employ “tactics that can lead to the psychological consequence of learned helplessness for the victims, where they sense that they no longer have any autonomy or control over their lives. Traffickers may hold their victims captive, expose them to large amounts of alcohol or use drugs, keep them in isolation, or withhold food or sleep. During this time the victim often begins to feel the onset of depression, guilt and self-blame, anger and rage, and sleep disturbances, PTSD, numbing, and extreme stress. Under these pressures, the victim can fall into the hopeless mental state of learned helplessness.”
An argument can be made that the “Liquidate, Isolate, Medicate” Elder Guardianship process in Florida at its worse is a form of human trafficking. On the basis of the definition, it is evident that trafficking in persons has three constituent elements: a) The Act (What is done) — In this case, the transfer and harbouring of a person, b) The Means (How it is done) — Abduction, deception, abuse of power or vulnerability, and c) The Purpose (Why it is done) – In the case of guardianships, the purpose is financial exploitation — a form of servitude. Seniors are sedated in locked assisted living facilities while their assets are spent down.
The Right to be Protected & Respected
Probably the most famous case of financial elder abuse is that of one-time New York socialite Brooke Astor when she was more than 100 years old. Her grandson Philip C. Marshall testified against his father and helped put him in jail. In his 2015 testimony to the Senate’s Special Committee on Aging, Mr. Marshall said, “To be complacent about elder justice is to be complicit in elder abuse.”
Given demographic trends, elder financial abuse is expected to grow dramatically unless we do something. The baby boom generation is reaching retirement age at a rate of 10,000 people per day. Those 65+ will make up 20% of the population by 2050. The 2015 White House Conference on Aging has made “elder justice” one of its four tracks. There is now a federal home for Adult Protective Services and a new Elder Justice website called a “one-stop shopping site for victims, families, prosecutors, researchers and practitioners.” President Barack Obama declared June 15, 2016 as World Elder Abuse Awareness Day.
Awareness is good, but immediate action is needed. If states are not doing their jobs, the federal government needs to step in. It’s time to reform the Elder Guardianship system in the U.S., prosecute predators and hold legal agents — judges, attorneys, evaluators, professional guardians, etc. — to a higher standard. As Vice President Hubert Humphrey said, “The moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the elderly; those who are in the shadows of life — the sick, the needy and the handicapped.”
Just as we continue to make strides with human rights issues around the world, we need to shine a brighter light on elder abuse on our soil — particularly this type of vicious and systemic financial exploitation. To be an elder is a privilege, not a condition causing you to be tossed aside and abused. Our elders need to be protected and respected. If we’re lucky, we will all get old. Let’s create a society where we can age with grace and dignity.
Teresa Kay-Aba Kennedy is a Harvard Business School-trained strategist and President of Power Living Enterprises, Inc. Her mission is to raise the consciousness of the planet and create a more sustainable world by releasing the potential in individuals. A seasoned life coach/speaker and founder of the first yoga studio in Harlem, she has been featured on the cover of Yoga Journal, in Oprah’s book, Live Your Best Life!, and was selected as a World Economic Forum Young Global Leader. An early Internet pioneer and TV executive, she has advised billion-dollar companies on their multi-platform engagement strategies. Her latest award-winning book — co-authored with her mother Columbia University-trained journalist Janie Sykes-Kennedy — is Dancing Light: The Spiritual Side of Being Through the Eyes of a Modern Yoga
It is with a very heavy heart I must announce the passing over of Joseph C. Dubow, CPA, the other man in my office whom I have a great fondness for. I talked to him last Thursday or Friday of last week and he seemed well and in good spirits, as usual.
He was 85 and will be missed very much by those of you who met him.
He was always very kind and generous, sympathetic and understanding.
He will be missed by many.
The funeral is supposed to be for Friday, tomorrow, Dec. 10, 2016 and I will make an announcement on my blog soon as I know the details.
He was a great friend to Ken Ditkowsky, who rented him an office for years, and likely decades.
I know I will miss him greatly, but I know he is in a wonderful place–CPA heaven, with all the great accountants that have passed into glory.
Please pray for him and those that loved him.
I know that many of you have complained your children have been stripped from you wrongfully, without due process and then the DCFS files and police files go missing or are unavailable and you have recorded what happened and what you record and what they say to your face is completely different that what goes on in court.
My prayers are with you all. Read on for encouragement.
by Monica Mears
Health Impact News
After a six-year court battle, a mother in Los Angeles who lost custody of her 15-month-old baby through false abuse charges won a major battle for parental rights last week.
When Rafaelina Duval’s son Ryan was seized by L.A. County Department of Children and Family Services (DCFS) in 2010, she was falsely accused of intentionally starving him. He had been diagnosed by a pediatrician with “failure to thrive,” but the doctor at the time also noted that the child was in no immediate danger, according to Duval’s attorney, Shawn McMillan.
Not only did DCFS seize her baby, but they ordered no reunification because they claimed Duval would starve her baby to get attention due to Munchausen syndrome by proxy (MSBP) a rare, widely discredited mental disorder often used (and misused) against mothers by social workers across the country. The basis for DCFS’ claim – that Duval’s baby was underweight and she was taking him to doctors to find out what was wrong with him – sounds more like what any concerned, responsible mother would do, not some twisted form of child abuse.
In a stunning blow to Los Angeles County, the jury found that its DCFS social workers “intentionally and willfully” seized her child without a warrant, and did so “with malice.” Additionally, the jury found that the county DCFS had “an official custom and/or practice of seizing children from their parents without a warrant” and failed “to enact an official policy or procedure when it should have done so.”
“The law is very clear, and they (social workers) get special training on this. You cannot seize a child from its parents unless there’s an emergency,” stated McMillan in an interview with FOX 11, a local TV station.
The jury awarded Duval $2.94 million in compensatory damages, plus $165,000 after finding in a separate verdict that she was the victim of discrimination, since she suffers from a lifelong tremor disorder, which social workers wrongfully claimed interfered with her ability to feed and care for her child. The money awarded for punitive damages will come directly from the social workers.
“Money is not everything. And no money can satisfy how I feel,” Duval told FOX 11’s reporter as she choked back tears. The win is bittersweet, since she is still pursuing custody of her son. (Source.)
Suing a county’s child protective services agency is extremely rare, notes Duval’s attorney, Shawn McMillan, who specializes in civil rights cases against child protection agencies. He has been awarded the “Street Fighter of the Year” award for defending family rights and taking on the abuses of social service agencies in California.
“You have to have a fire in your belly,” to fight CPS, he said in an interview with Medical Kidnap. “It’s not considered ‘sexy’ or high profile.”
McMillan was a highly successful lawyer prior to taking on CPS cases. “I was like a mercenary. I was good at it – very good.”
But when he took Deanna Fogerty’s case in 2007, his eyes were opened. Deanna had her daughters taken from her wrongfully for six years, and sued Orange County. McMillan fought her case all the way up to the Supreme Court, where Fogerty finally won.
Now, he says:
“I don’t trust these guys (CPS) farther than I can throw them.”
“No one does this,” McMillan pointed out, noting the lack of lawsuits against CPS agencies nationwide, despite the widespread abuses of power.
“I hope other parents, other attorneys will take up the fight with these guys,” he said. “Taking kids is a one billion dollar industry – do you really think they’ll just stop? These cases will hopefully show others that the government does bleed.”
McMillan acknowledges that Duval’s case has a fairly narrow Constitutional application: specifically defining parents’ 4th amendment (freedom from unreasonable searches and seizures) and 14th amendment rights (due process).
“This case demonstrated that our community still places a high value on the Constitution. They cannot seize a child from a mother without a warrant.”
Duval’s successful case may positively affect several other cases McMillan is pursuing, including class action lawsuits against Orange County and Riverside County in California, both of which are also accused of kidnapping thousands of children without a warrant.
“Nobody, especially the government, is above the law,” McMillan said in a recent local news interview. “You don’t seize a child from a mother until there is a life-threatening emergency.”
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Chicago Police Department stonewalls Better Government Association request for video of all fatal shootings by cops over past five years, so BGA takes agency to court.
Matt Topic (773) 368-8812
Robert Herguth (312) 821-9030
March 22, 2016
CHICAGO—Mayor Rahm Emanuel has said he supports a new policy requiring that videos of fatal shootings by Chicago police be publicly released relatively soon after the incidents.
But the Emanuel administration is stonewalling a Better Government Association request for footage from the past five years, so the BGA is suing the Chicago Police Department – again.
Under the Illinois Freedom of Information Act – the state law known as FOIA that guarantees public access to public records within no more than 10 business days – the BGA asked the police department for copies of records and videos of officer-involved fatal shootings since 2011.
But the police department “violated FOIA by failing to produce videos and records . . . on the basis that there is insufficient public interest to require CPD to undertake the work involved to respond, even with a 60-day extension,” according to the BGA’s lawsuit, filed March 18 in Cook County Circuit Court.
The suit says “CPD’s FOIA practices with regard to shooting videos have not materially changed following the release of the Laquan McDonald shooting video,” which showed Chicago cop Jason Van Dyke shooting and killing McDonald although it appeared he posed no imminent threat.
“CPD’s failure to provide the requested videos and reports at issue here is part of an ongoing pattern of delay in the release of police shooting videos,” according to the suit.
It’s unclear how many videos – often from squad-car dashboard cameras – there are of shootings by Chicago police. But Chicago cops shot and killed 70 people between 2011 and 2015.
BGA President and CEO Andy Shaw said, “One of the best ways for the city and police department to rebuild trust and confidence is to get important information out in the open expeditiously.”
“The public has a right to see video evidence of officer-involved shootings, especially when so many questions have been raised about how the city and police have handled these investigations,” Shaw said.
This marks the fourth lawsuit the BGA has filed since 2014 against the police department, which is overseen by the mayor and well known for violating FOIA by ignoring, delaying or wrongly denying records requests. The BGA made multiple attempts to work with CPD to resolve the most-recent dispute before resorting to litigation.
Here’s a link to all of the BGA’s legal actions.
From Channel 4, New York Exclusive story:
I-Team: Photos Show Nursing Home Patient Left Sitting in Human Waste
Family of an elderly Alzheimer’s patient say photos taken inside Woodcrest Health Center in New Milford, New Jersey, show their mother was left to sit in her own feces with excrement smeared across her face.
The disturbing allegations of neglect are part of a lawsuit against Woodcrest and its parent company, Care One, a New Jersey nursing home operator with dozens of facilities across the Garden State.
“Facilities like this should not be allowed to take care of people,” said Susan Baines, the nursing home patient’s daughter.
“Every time we went there it was another issue,” said the patient’s son, Steven Paganessi. “She wasn’t being fed. She had fallen. She was covered head to toe in feces.”
“Woodcrest has served more than 2,000 residents over the last 5 years, and [the] Centers for Medicare and Medicaid Services Nursing Home Compare [rating] reflects that Woodcrest currently has 4 stars out of 5 in Quality Measures,” Hodges said. “CMS’s rating reflects the true quality of the care Woodcrest provides, as opposed to this sensational and improperly filed lawsuit.”
“She wasn’t being fed, she fell, she had bruises, she was seen sitting in her own waste.”
The excrement was everywhere, around her mouth in her bed, on her tray of food, everywhere.
The nursing home says the lawsuit was filed for improper services.
She fell and fractured her hip. Every staff member always said they were understaffed.
No min. staffing requirements. The governor will not sign the bill to set standards.
The atty representing the family says its hard to sue without standards. NJ has no standards.
Care One provided is one of NJ’s largest nursing home businesses. The owner is extremely wealthy.
It is also said the nursing home also mishandled this elderly woman’s personal funds and that’s another issue for nursing homes. Should they be allowed to handle patient’s funds?
tells the story of one brain injury person showing how he was locked up, could not leave and was abused and the care facility was in the biz doing this to many others A must see.
This is where for profit and institutions filing guardianships lead to, people without rights, without hope and it’s all assisted by the court system and their crony lawyers and GALs.
And another recent article tells of 200 nursing home residents forming a protest and making their stories of abuse and exploitation public:
There is almost no oversight to the GALs, crony guardianship lawyers, professional guardians and guardianship judges who blindly place these people in abusive, expensive situations
This has to end.
And in an article which is of absolutely no surprise to any Chicagoan:
The city of Chicago has a well-documented, longstanding, widespreadproblem with public corruption. The latest example can be found in the 20thWard, where Alderman Willie Cochran is under federal investigation for his use of campaign funds.
For reform-minded aldermen, annual budget hearings are an opportune time to address this problem. But at the Chicago Board of Ethics budget hearing Oct. 21, a mere 10 of 50 city aldermen bothered to show up.
During the budgeting process, politicians have the opportunity to publicly question city officials charged with keeping corruption in check as those officials justify their budgets. But at the Board of Ethics hearing, aldermen did not ask a single question.
Instead, Alderman Anthony Beale, 9th Ward, played “Go Cubs, Go” from his cellphone in reference to the board’s recent ruling that aldermen cannot accept a face-value ticket offer from the Chicago Cubs organization unless they perform a ceremonial duty at the game.
The hearing was over in less than five minutes.
“It had to be a record,” wrote Daily Line reporter Claudia Morell.
The Board of Ethics has four main responsibilities: to advise city government personnel on issues related to Chicago’s ethics ordinance, to educate city personnel on the contents of the ethics ordinance, to enforce that ordinance, and to regulate lobbyists and others through a mandatory disclosure process.
The board received more than $850,000 in 2016 from taxpayers. But there is little evidence to suggest it’s doing a good job at transforming the city’s culture of corruption.
A July report from government watchdog group ProjectSix revealed 37 of 50 Chicago aldermen took campaign contributions that violated the city’s ethics rules. This flies in the face of at least three – if not all – of the board’s foundational responsibilities.
The Board of Ethics has not taken any public action in the wake of this research. Aldermen should have asked why. Instead, they asked nothing.
Members of the Board of Ethics are appointed by the mayor and approved by City Council. In the first 25 years since its founding in 1987, the board did not find a single alderman guilty of wrongdoing, despite the fact that more than 20 Chicago aldermen were convicted of felonies over that time, according to the Chicago Tribune.
The Board of Ethics should make major efforts to improve the process by which city employees and aldermen are educated about the city ethics code. It should also be transformed into an independent body in the vein of the Inspector General Joe Ferguson’s office. While the board is beholden to aldermen to approve its funding each year, Ferguson’s office enjoys a funding guarantee. He need not beg City Council for money while his office may be investigating its members.
“This isn’t the first year that the budget hearing has been so short with so few in attendance. It’s been a love fest,” said former Chicago Legislative Inspector General and ProjectSix CEO Faisal Khan. “There have been too many times where the Board of Ethics has protected the interests of aldermen instead of protecting taxpayers. That needs to change.”
Chicago is the nation’s corruption capital. And 33 of some 200 aldermen since 1970 have gone to prison.
One would think that a board tasked with enforcing transparency in city government would be transparent itself. But that’s not the case. Even though City Code mandates the board release reports summarizing its activities “at least semiannually,” it has not posted an annual report on its website since 2009.
Why? Perhaps aldermen should have asked.
When it comes to corruption, the Board of Ethics should be among the first lines of protection and an agent of cultural change. Instead, it often serves as a lapdog giving only the appearance of oversight.
City Council and Mayor Rahm Emanuel should be held responsible for this state of affairs. Clearly, they have no interest in changing it.
Aldermen in attendance at the board’s budget hearing Oct. 21 included: Michelle Harris (8th Ward), Anthony Beale (9th Ward), Raymond Lopez (15th Ward), Matt O’Shea (19th Ward), Michael Zalewski (23rd Ward), Jason Ervin (28th Ward), Chris Taliaferro (29th Ward), Anthony Napolitano (41stWard), Tom Tunney (44th Ward) and James Cappleman (46th Ward).
I know that many of you are hurting financially today as the US moves into a mode where 20% of American citizens live at or below the poverty level, 25% of our children now grow up in poverty, and 50% of America lives near the poverty line or below.
Our health care expenditures are skyrocketing all the same. Obama care is very, very expensive for everyone from the poor to the middle class, it is gobbling up a huge chunk of our income.
Still, the US now has 90%+ of its citizens covered by health insurance and for certain that’s a good thing.
This blog talks about how seniors and disableds are forced into institutions by the court system, and then charged outrageous fees to fleece them of any assets they might have, and then medicare and medicaid is also fleeced and chunks of state funds dedicated to the needy. Elders and disableds are tortured with illegal narcotics and psychotropic drugs which leave them in a stupor, unable to fight their way out.
Go take a survey at a nursing home, any nursing home and ask all the residents if they want to go home and then ask the administrators why the patients can’t go home if they want to.
so take a look at this outrageous chart.
Somehow, it’s just very hard to justify $30 million per year when CMS Admin (whatever that is) has a CEO making $170k.
They don’t have these issues in Europe and I don’t think anyone would tolerate this nonsense there.
I guess the money is just too good to put quality and patient care first.