From NASGA–Body cam videos show 91 year old man tazed by police

Just fixed the link, try this one:

http://nypost.com/2016/12/23/cops-tase-91-year-old-man-with-alzheimers/

In most situations, nursing homes call the orderlies and simply restrain a man and shoot them up with Halodol or Seroquel–both dangerous drugs.

However, for whatever reason in this nursing home in Missouri, Kansas, police tazed a 91 year old man.

Of course, the police found some to say “there was no other way” and “restraining the elderly man” would have been worse. What hogwash.  If police are going to respond to nursing home calls for the elderly, they need to bring with tranquilizer shots and an RN and someone trained in restraining the elderly.

The footage is disgusting and should not have occurred. I can’t imagine how the family feels that put him in such a horrible environment.  The man would have been better off at home with a trained, skilled male caregiver who could de escalate any dementia fits.

The police look stupid in this. The nursing home looks worse and just gives a great amount of credence to the fact that many nursing homes are in fact very dangerous places to put your loved ones.

Keep them at home. Get an in home caregiver, but a nursing home is one of the last places to put them. Nursing homes are nothing but slums and ghettos for the elderly in far too many instances.

JoAnne

From Jakkie Pidanick –Listing of corruption in her Visitation Case

Published with permission of the author, Jakkie Pidanick who is involved in a hotly contested Visitation Case where he ex-partner consistently refuses to pick up his daughter during mid-week visitation and then blames the Mother for his missed visits–all the while posting pictures of dates and ski trips on his Facebook page.

Thanks, Jakkie, this is a good example of unfairness in the SC court system.

JoAnne

 

Maddaloni v. Piddanick

Beaufort County Court, South Carolina

Corruption 2014 to 2016

 

Peter L Fuge

 

Judge’s Oath

All Members of the Unified Judicial System in this state shall take the following oath of office: I do solemnly swear that: I am duly qualified, according to the Constitution of this state, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge those duties and will preserve, protect and defend the constitution of this State and of the United States. I pledge to uphold the integrity and independence of the judiciary. I pledge, in the discharge of my duties, to treat all persons who enter the courtroom with civility, fairness and respect. I pledge to listen courteously, sit impartially, act promptly, and rule careful and considerate deliberation.

I pledge to seek justice, and justice alone.

 

!. Fuge would not let me speak in temp hearing (date)

  1. He made up evidence (how did he do that?)
  2. He opened past files to use evidence unrelated to case against me
  3. Told me he will take away my child
  4. told me I was a whining ex that was out for money
  5. As I testified Fuge wrote what looked to be a grocery list
  6. Mis quoted me
  7. changed the verdict after the case and hiring
  8. Recusal himself and then unrecused himself
  9. As Regina, frank bolgra, Horton, and others rule the way he wants provided by a kickback system albert clay as proof of.

 

Much more please see my lawsuit, FUGE in VIOLATION OF THE FOLLOWING:

 

Canon 1: A judge shall uphold the integrity and independence of the Judiciary

A judge should participate in establishing, maintaining and enforcing high standards of conduct.

Deference to the judgements and ruling of courts depends upon public confidence in the integrity and independence of judges. The integrity and independence of judges depends in turn upon their acting without fear of favor. Although judges should be independent, they must comply with the law including the provisions of the code.

 

Canon 2: Judge Shall Avoid Impropriety and the Appearance of Impropriety in all of the Judge’s Activities.

  1. A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges.

  1. A judge shall not allow family, social, political or other relationships to influence the judge’s judicial conduct or judgement. Nor shall a judge convey or permit to convey the impression that they are in a special position to influence the judge.

 

Cannon 3: A judge shall Perform the Duties of Judicial Office Impartially and Diligently

  1. Responsibilities: a judge shall hear and decide matters assigned to the judge except those which disqualification is required (LIKE me suing him was a recusal stated by the lawyer, Mr. Wilson for judge Fuge).
  2. A judge shall be faithful to the Laws and maintain professional Competence in it.
  3. A judge shall be patient dignified and courteous to litigants.
  4. A judge shall perform judicial duties without bias or prejudice, a judge must refrain from speech, gestures or other conduct that could reasonably be perceived as sexual harassment
  5. A PARTY HAS THE RIGHT TO BE HEARD

A Judge shall NOT, while a proceeding is pending or impending in any court, make any public comment that might reasonably be expected to affect its outcome or impair the fairness of the trial (Fuge was said to have recusal Administrative Responsibilities.  A judge shall diligently discharge the judge’s administrative responsibilities without bias, prejudice and cooperate other judges.

  1. D. Disciplinary Responsibilities

A judge who receives information indicating a substantial likelihood that another judge has committed a violation of this code should take appropriate action. (Cely Brigmann, the other judge who followed Fuge’s ruling).

  1. Disqualification

A judge shall disqualify himself or herself in a proceeding in which the Judge’s impartiality might reasonably be questioned, including but not limited to instances where:  Impartiality might reasonably be questioned. Or the judge has a personal bias or prejudice concerning a party.

  1. A judge has belief that another judge or lawyer may be impaired by drugs, alcohol or mental or emotional condition must take action (Cely Brigmann did not take action)

 

CASES

CASE:9501276 civil against Fuge

Case:1990cp0700540 civil against Fuge

Case:1991cp0702048 common pleas against Fuge

Case: 1992cp0700492 common pleas

Case: 1995cp0701829 common pleas against Fuge

Case: 2001TR0703150

Case: mine 2016CP0700971 myself against Fuge

Case: c951276

He also has 3 foreclosures on 3 different properties it looks like

You should get copies of these lawsuits and look them over.

Marshall Horton

 

  • Went after me without having an order

 

  1. Followed me out of daycare at low country day to see if I buckled child in correctly. Stood and watched me. Harassment

Rule 1.11 Special conflicts of interest

(1) Since Marshall Horton is a magistrate judge in Beaufort s.c as I understand it, He should have been disqualified to represent a client within this jurisdiction without proper approval.

      Rule 1.15 safekeeping.

      (A)(b) A lawyer must keep your funds separate from others and my only place their own money in account for fees

         Rule 3.3 candor towards judge

 

  • Lawyer Marshall Horton lied to judge repeatedly

 

  1. Offer evidence that is known to be false. Facebook post was not mine. Facebook was cut and pasted in email to make look like a slender statement. Introduced evidence that was found to be false or before the date to the court order.

(4) legal arguments: lied to judge about Facebook post and past evidence that was found to be ungrounded. Also stated Fuge was recused when he wasn’t.

(5) offering evidence, can prove the evidence in Cely Brigman case was of past-dismissed claims and is double jeopardy in which Horton built his whole case around faulty evidence and the evidence was before the court order in question leaving it inadmissible evidence.

(8) lawyer must know evidence is false, yes Mr. Horton (Christopher Maddaloni’s) lawyer was providing evidence that was known to him to be false.

(12) lawyer must report fraud. Mr. Horton was part of the fraud with Peter Fuge.

 

Rule 4.4 respect the rights of 3rd party

Mr. Robertson was on my property to help keep me safe from Chris MADDALONI during exchanges. Mr. Horton harassed Mr Robertson by stating Robertson followed Chris Maddaloni when he had no proof and wrote letters to Mr. Robertson’s lawyer trying to file a restraining order against Mr. Robertson without cause.

 

Horton would write orders outside of verdict.

 

CASES

CASE: joseph sun v. Lyndsay Goodman (Horton’s partner lawyer), Mr. Sun gets a protective order against Goodman 2014

   Joseph sun v. Rich Ulrich 2014 trespassing

Joseph sun v. Horton Trespassing 2014 ADR ending 2014-cp-0700238 case number

 

HORTON HAS A PATTERN OF HARASSING THE OPPOSING PARTY!!!

 

Regina Banis

181 Bluffton Road, suite F-202, Bluffton, SC 29910

843 757 5500

 

Article 7, Private Guardians Ad Litem

 

Section 63-3-820 Qualifications

(D) upon appointment to a case, a GAL (Guardian ad Litem) must provide an affidavit to the court and parties attesting to compliance with the statutory qualifications. The affidavits must include, but is not limited to, the following: a statement showing training was met. Statement that the GAL has not been convicted of a crime. A statement that shows the GALhas never been on the dss registry for abuse or neglect.

 

Section 63-3-830 Responsibilties

!. MUST represent the best interest of the child

  1. Conducting an independent, balanced, impartial investigation to determine the facts relevant to the situation of the child and the family. Investigation must include: reviewing documents, meet and observing the child, visit home, interview parents and care givers. Obtain criminal history

 

She failed to call my witness, I had to write email after email to push her. I have them will send to you. She is in violation of both rule 63-3-820: I never received an affidavit and Brent did not either and rule 63-3-830. had to push her to call witnesses and witnesses stated she seemed annoyed and did not ask true questions and came across rushed.

 

63-3-830: G.A.L must do a report on parties and provide to parties 10 days before hiring.

 

Regina is in violation, a report was never done and my emails asking if Chris has done his therapy are not returned. PLEASE report her… Chris never did his therapy and is in Contempt.

 

She never wrote report on clients

She failed to call witness until I asked her every day

She failed to investigate

She ruled the way the judge wanted her too, with no true evidence.

 

Rich Ulrich Private Detective

 

Title 40 Professions and Occupation

 

Section 40-18-20

 

Trustworthy, honesty business.

 

Rich, when he found out Mr. Horton was the opposing attorney, Rich stopped charging me claiming he wanted to help but in reality, Rich was not charging so he can use what he learned to sell and or give to opposing counsel. Sally Murphy has proof of this. I do not but Mr. Horton knew more than I ever told him when I realized it was Rich I stopped all communication. This put my child’s Life in jeopardy. He needs to be reported. SLED of SC

 

Mr. Hall prosecutor in state v Maddaloni

        

     Rule 3.8 special responsibility of a prosecutor. The prosecutor must administer justice. Mr. He’ll shook Mr. Horton’s hand and Mr. Horton asked if they were going golfing. Then told the judge (Beth price, who was punished or having Mexicans do her legal work up) Mr. Hall lied to cover for Chris Maddaloni stating there was a shuffle that hurt the baby. The police reports that baby had knocked marks and Chris had 3 different stories to the cops to cover up his crime of child abuse and endangerment.

(5) prejudice statements… Mr. Hall told me I was changing my story when I protested

 

Sgt. Adams

 

Brent Kiker

Rule 1.1 Competence: Brent was not prepared on the laws of Domestic Violence. He did not as the court to follow the law of abusers and visitation even though I screamed it at him. He chose to ignore me.

 

Rule 1.1 (5), would tell me that we would sit down and meet and he never allowed me to. Brent always called last minute to prepare and never followed through with his course of actions he was hired for. (filing my motion RTSC)

 

Rule 1.1 (6) Brent was not aware of the Domestic violence laws of 2008

 

Rule 1.2 (5) scope: refused to file suit against Maddaloni and Fuge

Rule 1.2 (10) Brent known the order against me were fraud and the opposing lawyer was fraudulent but never addressed it or stopped it out of unlawfulness.

 

Rule 1.3 Diligence: was not worried about working on my behalf, never followed through with motions and was always last minute with prep that we were hindered and I the client had to prepare the trial.

 

Rule 1.4 Communication

 

  • Area of promptly informing client. I had asked Brent to appeal not do a motion 59

 

  1. Reasonable consult with client. Would never sit down with me a talk about decisions or outcomes nothing.
  2. Promptly reply for information. Still has not returned all evidence I have been asking for over the 6 months. Made an appeal process impossible

 

  1. No real explanation only his paralegal and I had to scream at her to get him on the phone when the law states the lawyer must explain to an extent to ensure the client understands. This was denied for me. Motion 59 was not something I wanted to do. I wanted a superseded but Brent was fraudulently working to help Mr. Horton because Mr. Hortons client was a millionaire and wanted the order not to be stopped.

 

The whole law Rule 1.4 was denied. I at one point have proof I thought my lawyer Mr. Kiker had dropped me and I reached out to other lawyers. Mr. Kiker, would not return calls nor emails or show up at office for lengths of time. Mr. Kiker withheld information at all times. As one example, Mr. Horton named Brent Kiker the trier of fact and I stated that’s the judge not a lawyer but neither lawyer would address what that meant.

 

RESPONSE: we need to go with something concrete such as changed transcripts, changed docket, exparte conversations. There is a rule that the client has the obligation to manage counsel and fire them when they don’t do their job.

 

Rule 1.5 FEES

(F) written agreement: Brent Kiker and I never had a written agreement and I have proof that I repeatedly asked for one and / or an invoice in which I never got but you better believe I was harassed for the money and when I was quoted a price for the filing  

Of the RTSC motion (he never filed), Brent Kiker charged me $2,500 more than quoted and never filed my motion. I literally was running cash everyday to his door or checks so he would file it.

 

RESPONSE: Ask him for a detailed statement. Do you have proof you asked him to file a RTSC for the $2500 and he never did it?  Then, you can go to the bar association and ask the money be returned.

 

Rule 1.6 Confidentiality

Brent allows Mr. Horton to know about my side of the case and repeatedly made it look like he, Brent was working when he would never ask certain questions that were contempts against Mr. Horton’s client during the trial, but Mr. Horton somehow knew everything about me. In my hearing with Judge Brigman, Horton admits to Brent telling all.

 

Did he betray and client/attorney secrets?  Basic facts about your case already in the record don’t count.  

 

Rule 1.7 Identifying Conflicts of interest: Material Limitations

A conflict of interest exists when something holds back the lawyer from doing his job. Brent Kiker would not follow through with certain issues, like domestic violence laws or filing my suite or report Horton for acting unlawfully or Judge Fuge due to his career.

Rule 1.9 Duties to former clients

 

Rule 1.10 imputation of conflicts of interest

(3) When loyalty to the client is in question. Due to Mr. Kiker not addressing me when contempt motions were sent to Kiker law firm when Brent was not retained and then sent to me when it was too late. Even though I was not in contempt. This was also a violation of Marshall Horton.

 

An attorney has a duty to provide the client promptly with all communications sent or received regarding the case, did he do that?

 

(4) Would not use the Domestic violence 2008 laws not 2015 in later court dates. If fact steered around certain questions. That was done by Brent.

 

1.16 declining or terminating representation

Brent failed to give me motions, letters from Fuge and letters sent from Marshall Horton stating contempt. This directly impacted my case by getting my appeal dismissed and being lead to believe a recusal had occurred.

 

Make a list of these and how he didn’t send them promptly to you (within a few days) and file a bar complaint

 

(9) Brent was fired nervous times and refused to remove himself

 

Rule 3.3 candor laws

(2) refused to push laws of domestic violence 2008. Law states the lawyer must fight for the client.

Rule 3.4 fairness to opposing counsel, a lawyer must not block clients right to evidence. Brent Kiker would not give me the motion 59. I asked all evidence be given back and I have yet to receive the 2014 transcripts of state v. Maddaloni and the cd of Chris admitted violence. I had to over and over call, text, beg, stop by and was met with no response.

 

That is definitely a bar complaint. Document the day the pleading was filed and all attempts to get the document from you lawyer.

 

CASES

CASE: LEGAL MALPRACT. 2011 #2010-CP-700362   AGAINST BRENT KIKER

           LEGAL MALPRACT 2011 # 2010-CP-700362 AGAINST KIKER’S PARTNER MERRYFIELD…this led to their split as partners.

 

Case 2014-cp-0702011 judgement 799 against Brent Kiker

Case 2015-cp-0700290 same

Case 2015-cp-700848 same

 

Please add in: changed transcripts, blocked transcripts, changed or altered documents and evidence; exparte conversations; OC going into judge’s private area with you or your counsel

I also understand you cannot get transcripts, that the Clerk of Court is in charge of the court reporters in the court and she has told you verbally she will not give you the names of the court reporters.  Please write her a letter, certified mail, and ask her for the names of all court reporters and their contact information for every transcript you do not have, then report that to the FBI.

From Robin Thompson–the Missing and the Dead in the US–there has to be a connection

 

One woman who works on cold cases as a citizen volunteer has run across the following video in her work:

If you have a loved one who has gone missing and has worried frantically about them, not knowing if they are dead or alive–and all the police tell you is they probably got tired of living at home, or they ran away, or they live with friends now, and you get no sympathy or good advice, this video is a must watch.

The video explains that there are 80,000 reported missing people on any given date in the US, while at the time, coroners across the US receive 10,000 unidentified bodies each day.

There is no uniform approach or laws to help identify bodies.  Coroners and the police never interact.

In Illinois, while funeral directors must identify all physical damage to a body they receive, that report goes no where and is not shared with the police, even though funeral directors are mandated reporters of physical abuse.  These should be automatically shared via email with local police and it should remain part of police records.

Nursing homes are not supposed to drug the elderly and disabled. All persons who died in these facilities should receive a tox screen and there should be a mandatory report of all psych drugs and opiods to the coroner’s office and the funeral home and the body should be tox screened for abuse of these drugs at these facilities.  Too many of the elderly and disabled are drugged to death while food and water are withheld.  Just because these are the elderly and disabled and cannot speak for themselves, this is still murder of the worst sort.  Starvation and dehydration is not a painless way to die and besides these nursing homes and their staff have no rights to participate in murder.

JoAnne

From the Washington Post–a 73 year love story

https://www.washingtonpost.com/local/social-issues/we-were-lonely-lonely-when-we-were-apart-and-when-hed-come-home-it-was-just-heaven/2016/12/23/035b3468-c890-11e6-85b5-76616a33048d_story.html?utm_term=.2b0f090ed1a3

 

After a 73-year union, ailing couple finds two hospital beds pushed together offer the best comfort

December 23

For 73 years — through wars in Europe and Asia and civil rights battles at home, through the assassination of a president and the rise of rock-and-roll — they shared a bed.

He’d be gone sometimes, flying missions during World War II and the Korean and Vietnam wars, but he always came back to her.

So now, as he lies in a hospital bed unable to say or do much, she lies beside him.

Like many hospitals, Fort Belvoir Community Hospital, where retired Army Col. George Morris, 94, is receiving end-of-life care, allows family members to sleep in a patient’s room on a foldout couch. But for George’s wife, Eloise, 91, a cancer survivor who has suffered two broken hips and a broken shoulder, that would be hard.

So the hospital made a special exception when they admitted him this month: They admitted her as a patient, too — a “compassionate admission,” their doctor calls it. Standard rooms are normally private, but Eloise’s hospital bed was rolled in and pushed up against George’s — a final marriage berth for a husband and wife who met as teenagers in rural Kentucky in the late 1930s.

He spotted her first.

“I was a sophomore in high school and I’d gone to see a play in a country school,” said Eloise, sitting up in her reclining bed, a birdlike woman in oversize bifocals whose hair is hardly touched by gray. George rested in his bed beside her. “He saw me and went home and told his mother, ‘I just met the girl I’m going to marry.’ He said, ‘I looked her over real well and I couldn’t find anything wrong with her but one crooked tooth.’ ”

A movie date and a picnic followed. Eloise can’t recall the movie — she was too distracted by the thrill of holding his hand in the dark.

The picnic, however, was unforgettable.

“Here comes George and he had something in his hand with a crank on the end and I wondered what this was.” It was something she’d never seen before — a portable phonograph, and when he turned the crank it started playing “Sweet Eloise,” a popular song at the time. He turned that crank all afternoon. “Oh, I thought that was great.”

The town of Russell Springs, Ky., where she lived on a farm, was eight miles from Columbia, where he lived. He didn’t have a car, so he’d walk the distance to see her. By 15 she was wearing an engagement ring and had no doubts about what she was doing.

“He had thick eyebrows and devilish eyes, and I hadn’t seen any guys my way that good-
looking,” she said. “I thought that he was more intelligent than any man I’d ever met.”

They married and had two sons and a German shepherd who played outfield in family softball games. After stints in Tokyo and Alaska, they eventually settled in Annandale, Va.

Those legendary eyebrows are wispy now, the devilish eyes half-closed as he lies beside a tray of juice and apple sauce. But every now and then as she spoke he chimed in, his voice rising alongside hers like an echo.

“We had some lean times but some great times,” she said. “We didn’t have a lot of material things, but we could sure have a sweet time. There was lots of love around. George could always make me feel so protected.”

It was a stark contrast from her youth — her father left her mother before she was born, and she grew up an only child, helping her mother and grandparents tend to the sheep and cows and chickens.

As partners, the two complemented each other. “He was strong-willed. I don’t mean bossy-bossy. But his father would say, ‘Eloise knows how to make George think he’s boss.’ Some people might call that tricky, but I know how to keep people happy. I know how to keep George thinking that he’s making the decisions.”

Being married to an airman had its challenges. He took her up once in a P-51 Mustang fighter plane and it nearly killed her. “I couldn’t hear and I was very sick to my stomach. When he did the roll, that was fine, but when he did the loop, well, I kind of blacked out and my mouth opened and I just couldn’t stand it.”

George had a lot of friends who didn’t come back from the wars. During Vietnam, “he said one of the saddest things was when he brought the dead soldiers home — he said that was heartbreaking because they were so young.” He retired in the 1970s.

CONTENT FROM OPPENHEIMERFUNDS
But how do you really feel?
Regardless of party affiliation, gender and income level, most people are more optimistic than they think.

The secret to seven decades of love? “Be happy, whether you’re happy or not. Laugh.” Like they did the time they were posted somewhere new and they arrived before their belongings — including their sheets and pillows.

“We cut up the newspaper and put our heads on one duffle bag, and every time we moved, the paper in it would rattle and we laughed all night,” she said, grinning. “We really, really loved each other. We were lonely, lonely when we were apart, and when he’d come home, it was just heaven.”

Their sons have since died — the older one three or four years ago, the younger one several months ago — and most of their grandchildren, great-
grandchildren, and a great-great-grandson live in other towns. Although they visit sometimes, it is mostly just the two of them.

Admitting Eloise so she could be with George was not a hard decision, said the couple’s doctor, U.S. Army Maj. Seth Dukes. “We take care of the people who’ve taken care of our country,” he said. “And we extend that to their loved ones.”

At this point, Dukes said, George is dealing with a combination of medical issues, and the goal is to keep him comfortable.

For Eloise, it’s hard to see him unable to talk or eat much. “The expression on his face has changed; his eyes just look fixed,” she said. “It’s heartbreaking to see somebody lose everything, especially the days that he doesn’t know me.”

But her presence seems to comfort him. “He talks in his sleep, and when he starts I just put my hand on his and he stops.” And during the day, she talks to him. “Even though I don’t know if he can hear me, I always thank him for looking after me so well.”

An aide peeked in. Eloise seemed tired. So she did what comes most naturally: She lay down beside her husband and reached for him, their hands now mottled and roped with veins, but their fingers still knowing how to intertwine.

From Facebook–Has anyone seen Karen Federighi?

She has not posted anything on Facebook for a while and it is feared she is now in a locked down facility being drugged, which she had feared all along.

She was guardianized, but still publishing on FB, crying out for help.  The authorities did not help her, but a fictitious guardianship continued, with her posts confirming she was of sound mind and afraid for her life.

She was being held in a hotel with someone from the court monitoring her.  While she had a cell phone, some money from pawning jewelry, etc., the court was giving her no money for food.  This is common in guardianships.

She was continually looking for someone to intervene and get her out.

If you have any information on her plight, please contact me so we can let her loved ones on FB know.  If you know where she is, please have her call me 773 255 7608 so I can confirm she is okay.  I can probably get some people to go over to where ever she is being held to check on her, or request the police do a wellness check.

Sadly, there is no system to intervene and help those in these false guardianships

JoAnne

Christmas and Holiday Blessings for those that are court ordered away from loved ones–in probate and in family court

A major reason I was suspended from law is because this blog writes the truth.  I have seen far tooo many people ripped from their loved one because of a psychopathic guardian or ex partner.  Gloria Sykes saw her mother a handful of times during a 5 year abusive guardianship. The GALs continue to deny their highly abusive behavior to this day and have never apologized to Gloria, nor has the Guardian, her sister. That is horrid.

Randy Robinson, due to the nefarious activities of GAL Mary Robinson is highly unlikely to see his mother, though they both love one another greatly, they are isolated from one another unfairly and without remorse from either Mary Robinson or the court.

Alan Frake has been separated from his father by the court appointed lawyers and GAL and the court. Again, no remorse, and worse yet, Alan Frake has been the subject of illegal and tortuous psychotropic drugging and neither the GAL nor the court appointed attorneys seem to care.  My view of the bench is that it was a love fest between the judge and the attorneys and the judge routinely used a rubber stamp to deny this family their civil and human rights.

Barbara Stone also comes to mind with the huge separation between her and her beloved mother. When she protested, corrupt Judge Michael Genden put an ankle bracelet or two on her legs.  Nonetheless, she continued to fight for her mom’s rights, despite all odds, until they threatened to kill off her mother if she persisted.  I do not want to be in that courtroom the day her mother passes, but I can tell you that Barbara Stone is a veracious fighter for human and civil rights and there will be a flurry of pleadings from her.

I know others have written me crying about abusive Guardians, separating parent from child, abusing the parent in a probate proceeding or guardianship, and other parents have called me crying they cannot see a beloved child because of falsified Protective Orders from a psychopathic parent. When will the courts start testing for psychopathy of our politicians, and political appointees and their minions (Larkin, Opryszek, Smart), and the GALs that abuse and destroy lives, and the judges.  How hard is a PET brain scan for psychopathy.  The ARDC and bar licensing authorities pretend they have rigorous screening, but this test is not even mentioned before any professional gets a license and all should be tested–politicians, judges, lawyers, nurses, teachers, police–all control the lives of others and psychopaths are drawn to wealth, power and control.

The difference between an MRI and a PET scan is that markers are used to see how the brain processes glucose–the food of the brain.  In normal people, they use all parts of the brain for love, kindness, tenderness, sympathy, empathy, guilt and remorse.  In a psychopathic brain scan, no nutrients are delivered to these areas because they are not used.  A psychopath typically has a flat affect and little emotion.  However, they do feel slight better when they see war, torture, humiliation, violence, deviant sex, bullying and nastiness.

Why aren’t we demanding routine tests for this and getting the psychopaths out of positions of power and control?

But I want everyone to know I wish you all a Merry Christmas and I continue to pray for and help all court corruption victims.  I see the files unconstitutionally sealed, the changed transcripts, the changed docket sheets, the file tampering, and worst of the lot is the fact that your average lawyer will not speak out and help people for low cost or free people that experience corruption in the court.

I believe we all have a duty to speak out.  I took my bar oath of office seriously.  I don’t think I am a saint, a hero or anything special.  I just think I am doing my job the way it ought to be done.  Now where are the rest of Illinois’ 83,000 lawyers speaking out on these topics?  Where are there blogs.  I see court corruption victims going to lawyer after lawyer after lawyer and no one tells them about corruption. I don’t believe there is a single CLE class anywhere on corruption in the court system, although it’s a major factor in the public distrust of judges, lawyers and the legal system.

Greylord is not dead.  It never went away. It continues to fester.

We need better lawyers and judges.  We have reached a crisis in the court system.  No one is fooled any longer.

We need more blogs and books. You want to start a court corruption blog or court victim blog, I’d be glad to help you. You want me to help you with a book on corruption in the courts, just ask.

I wish everyone a Merry Christmas even though you can’t see your loved ones this holiday season due to corruption in the courts.

I pray the elderly and disabled are not tortured with illegal drugging with psychotropic drugs which have no place in nursing homes or group homes.

I am here for you all.

JoAnne

From Ken Ditkowsky and the GA Supreme Court–Lawyer’s wife steals $2 million and Court recommends reprimand

But if I publish this article on my blog, according to Mr. Larkin, head Administrator of the Illinois. Atty. Registration Commission, that deserves a 3 year suspension for me and a 4 year suspension for Ken Ditkowsky:

http://nasga-stopguardianabuse.blogspot.com/2016/12/supreme-court-orders-public-reprimand.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+blogspot%2FURWOK+%28National+Association+to+Stop+Guardian+Abuse%29

Every single person I have talked to believes that this blog is protected by the First Amendment.  They are shocked to learn that when an attorney speaks out against corruption–a team of nasty lawyers–Larkin, Opryszek and Smart will hound you, harass you and then ask to have you disbarred.

I help people now spot and report corruption in their cases to the FBI and states attorney. They have mostly all been through the grist mill of Circuit Court in Cook County and will readily confirm that there are some very serious problems in the court system with judges issuing orders not in accordance with the law, and lying, sleazy lawyers who will say anything in court just to get a win.

I have had one probate attorney tell me “he always wins.”  I asked him if that was an admission of case fixing and never got a response.

So this article is for Mr. Larkin and his crew-Opryszek and Smart who say that my blog is like “yelling fire in a crowded theater” and my response is, yes, but it has to be filled with lying, crooked judges and attorneys and the police announce a raid on honesty.

Now for the article highlights:

The Supreme Court of Georgia issued the following disciplinary decision on December 15:

In the Supreme Court of Georgia
Decided: December 15, 2016
S16Y0825. IN THE MATTER OF MICHAEL ANTHONY EDDINGS.
PER CURIAM.

This disciplinary matter is before the Court on the Report and Recommendation of the Review Panel recommending that Michael Anthony Eddings (“Eddings”) (State Bar No. 238751) be disbarred for several violations of the Rules of Professional Conduct arising out of the theft of $2.3 million from his law firm’s trust account by his wife (now ex wife), Sonya Eddings (“Sonya”), while she was the law firm’s financial manager. Eddings, in response, contends that a public reprimand or suspension is more appropriate under the circumstances, as Eddings did not participate in the theft and was unaware of Sonya’s wrongful actions. After a review of the extensive record and detailed fact finding provided by the special master, Katherine L. McArthur, we reject the Review Panel’s recommendation that Eddings be disbarred, and we agree with Eddings that a public reprimand is the more appropriate level of discipline to impose in this case.

The special master and Review Panel contend that Eddings violated Rules

1.15 (I) (c) and 1.15 (II) (b) and Rule 5.3 (a) and (b) of the Georgia Rules of Professional Conduct found in Bar Rule 4 102 (d), based on the following facts: Eddings, who was admitted to the Georgia Bar in 2002 and initially worked for a plaintiffs’ personal injury firm, opened his own practice in 2003, the Law Office of Michael Eddings, PC (“the Firm”), concentrating in real estate law. Sonya served as the Firm’s financial manager. Sonya had a bachelor’s degree in accounting, a master’s degree in business administration, and substantial work experience in banking, including seven years with Columbus Bank & Trust/Synovus (“CB&T”), which was also the Firm’s financial institution.

In 2006, Eddings and Sonya established Eddings Holdings for the purchasing and holding of a franchise of The Coffee Beanery with two stores. Sonya handled all of the operations related to the franchise, and told Eddings, falsely, that the franchise was breaking even. However, in March 2007, without telling Eddings, Sonya began diverting money from the Firm’s IOLTA account to cover losses from the franchise. Between 2007 and October 2011, she stole over $2.3 million.

The record shows that Sonya used her inside knowledge of CB&T’s technology and technological vulnerabilities to accomplish the theft. Because she had been a top professional at CB&T, the bank did not question her as closely as others might have been questioned when questions arose about the Firm’s accounts. For example, just before Sonya’s scheme came to light, she admitted to a CB&T employee that she had created a fake wire confirmation to present to a client, but claimed she did so because she had not sent the wire transfer when she should have. The CB&T employee accepted this explanation and did not inform Eddings.

Although Eddings and Sonya had monthly financial meetings to review the Firm’s account reconciliations, Sonya presented bank statements that she had altered to remove any negative balance information. Additionally, over the course of Sonya’s criminal activities, CB&T, without notice to Eddings, ceased providing notifications of overdrafts and placed the Firm’s IOLTA account on automatic overdraft protection. As a result, CB&T provided notice to the State Bar on only a few of the multiple times the IOLTA account was overdrawn . On four occasions, Sonya also intercepted letters from the Bar’s Trust Account Overdraft Notification Coordinator regarding checks presented against insufficient funds in the Firm’s IOLTA account, and responded, to the Bar’s satisfaction, without Eddings’ knowledge or consent. When Eddings did receive information about minor irregularities during this time, Sonya was able to resolve or explain the issues to his satisfaction. And, when Eddings subsequently instituted new firm policies to address the issues, Sonya simply increased her level of deception to get around the new policies.

Finally, in October 2011, after a late payoff, the Firm’s title insurance company conducted an audit which showed that between October 2007 and October 2011, the Firm’s IOLTA account had a negative balance 50 times. Sonya then admitted her wrongdoing, and CB&T seized the Firm’s funds and closed the Firm’s accounts. The Firm’s insurance company provided coverage for most of the losses; however, the parties agree that $65,618.22 in losses to clients and mortgage holders remains uncompensated.

The special master also found that there was no evidence that the money that was diverted went anywhere except the account of Eddings Holdings to run or cover losses for the coffee shops, finding that there was no evidence that the diverted funds went to pay personal bills or expenses for Eddings or Sonya, that there was no evidence presented that Eddings’ lifestyle was one that could not have been maintained based on his own income, and that there was no evidence that Eddings was aware of the transfers from the Firm’s account to the Eddings Holdings account. The special master found by clear and convincing evidence that Eddings did not know of the diversion of funds from the trust account by Sonya between 2007 and 2011, and therefore, that he had not knowingly violated the Rules. Nevertheless, the special master concluded that Eddings’ failure to supervise Sonya and his failure to maintain his trust account constituted violations of Rules 1.15 (I) (c) and 1.15 (II) (b) and Rule 5.3 (a) and (b). For the reasons that follow, while we agree that Eddings violated Rules 1.15 (I) (c) and 1.15 (II) (b), we do not agree with the special master’s conclusion that Eddings violated Rule 5.3 (a) and (b).

In this regard, the facts here point to the conclusion that Eddings was the victim of an elaborate con perpetrated by his wife, Sonya–a con that even bank officials unwittingly helped Sonya commit and in one case even helped her cover up–and not the conclusion that it was unreasonable for Eddings not to have done anything more to have prevented Sonya from misappropriating the funds that she stole. Eddings reviewed bank statements from CB&T, but had no reason to believe that Sonya had altered them; received information from an audit in February 2010 that did not find any suspected embezzlement activity; was unaware of correspondence that Sonya had deliberately intercepted to ensure that her deceit would not be discovered; and, even when Eddings implemented new office procedures in November 2010 in an effort to prevent future account irregularities and make sure that all wire transfers would be made properly, Sonya was able to use her banking skills and relationships to circumvent these policies (and even convince bank officials to hide from Eddings the fact that she had created a fake wire transfer in connection with one of the law firm’s real estate closings). Sonya was so convincing in her con that no one from CB&T believed that any deceit was occurring, let alone to the tune of $2.3 million, and Eddings was given no information upon which to base a reasonable belief that any deceit was occurring. Indeed, no one discovered Sonya’s deception until October 27, 2011, when Sonya herself confessed in writing during the audit by First American Title Insurance Company that she had been misappropriating funds from the law firm’s trust account since 2007. In short, none of the activity here shows the type of misconduct on the attorney’s part that this Court would generally look for to justify a suspension from the practice of law. See, e.g., In the Matter of Jones, 280 Ga. 302 (627 SE2d 24) (2006).

Additionally, as the special master noted, this is not a case where Eddings should have noticed a change in his lifestyle or that of his wife. To the contrary, Sonya diverted money from the IOLTA account to cover losses from the two coffee shops that she operated independently from Eddings and that she was eventually forced to close. Eddings had no knowledge that the coffee shops were failing.

Based on the above, the special master has not provided any solid reasoning to support the conclusion that Eddings violated Rule 5.3 (a) and (b) relating to his duty to make reasonable efforts to supervise Sonya under the facts of this case. Eddings therefore cannot be disciplined for any alleged violation of this Rule. Specifically, Rule 5.3 (a) and (b) provides that:

With respect to a nonlawyer employed or retained by or associated with a lawyer . . . a lawyer who … possesses managerial authority in a law firm[] shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person’s conduct is compatible with the professional obligations of the lawyer; [and] a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer.  (Click to Continue)

Full Article & Source:
Supreme Court Orders Public Reprimand of Lawyer Whose Wife Stole $2M From Firm Account

From Ken Ditkowsy–deaths from heroin in nursing homes and-still payments to the Esformes continue!

Troubled nursing home–Continental –5300 N Western in Chicago, 29 residents have felony records (probably something you can ask the court about when your loved on is place there, good point).

http://www.chicagotribune.com/news/local/breaking/ct-continental-nursing-met-20161113-story.html

from the article:

Chicago nursing home fined after residents overdose on heroin

ate and federal health officials are seeking penalties totaling more than $100,000 from a North Side nursing home after five residents overdosed on heroin inside the facility in February, the Tribune has learned.

The residents of Continental Nursing & Rehabilitation Center were hospitalized and recovered, but at least two used heroin again hours after they were returned to the facility, even though they were supposed to be on close watch, Illinois public health department inspectors allege. One of the two overdosed again.

The department also opened a new investigation into the facility after the Tribune requested information about a sixth drug overdose in September 2015.

In that case, a 56-year-old resident was found on the floor by his bed with five packets of white powder beside him, a Chicago police report said.

Illinois law requires nursing homes to notify the Department of Public Health of unusual events that put patients at risk, but state officials said they learned of that case only when the Tribune filed a query about it.

The federal Centers for Medicare & Medicaid Services, or CMS, has imposed civil monetary penalties totaling $76,000 for alleged violations in the February incident.

Continental is contesting an additional $25,000 fine from the state public health department, which says the facility failed to properly monitor and treat residents with drug addictions.

State officials and industry representatives said they could recall no similar cluster of patients overdosing on heroin inside an Illinois nursing facility.

“I have never heard of that. No question that’s uncommon,” said Terry Sullivan, executive director of the Illinois Alliance for Living, a professional association of facilities that treat patients with mental illness and substance abuse problems.

Continental, which has housed a mix of older residents and younger adults with mental illness, did not admit deficiencies when it outlined corrective actions it would take — plans that were accepted by CMS in April. “The facility has ceased admitting any residents with active substance use,” its plan said.

In a brief interview with the Tribune, Continental part-owner Moishe Gubin said he was not aware of any heroin overdoses or other problems at the facility.

“If you are right,” Gubin said, “it goes against what our mission has been.”

“If you look at our company historically, we generally give good care,” Gubin said. “It’s not lack of resources or staff, or they cheaped out and didn’t take care of people. You’ll never hear about that with us.”

Continental is part of a rapidly growing, South Bend, Ind.-based nursing home operation that includes more than 50 facilities in eight states, records show.

Their 13 northern Illinois facilities include one that earned a top, five-star rating for overall quality from CMS. Four others, including Continental, were given a one-star quality rating, the lowest possible, and police and public health inspection records have alleged unsanitary conditions and negligent care at Continental and some other northern Illinois homes.

Medicaid and Medicare last year paid those 13 facilities a total of roughly $150 million, and the facilities reported a combined 2015 profit of $6 million, according to cost reports filed with the state. Similar data was not available for a recently added 14th northern Illinois facility.

Outside Continental’s gray and white building at 5336 N. Western Ave., a sign advertises “quality nursing services for the elderly.”

But the 208-bed home — which last year earned $11 million from the taxpayer-financed Medicaid and Medicare programs — reported to the state in March that 108 of its residents were under age 65 last year, 129 had been diagnosed with mental illnesses and 29 had felony records.

Chicago police responded to 60 reports of alleged batteries at Continental from 2011 through 2015, a Tribune analysis of police data found.

Police also responded in 2014 when a 61-year-old patient broke his hips and collapsed a lung as he tried to escape the facility by rappelling from a 4th-floor window using six sheets tied together, records show.

Continental immediately notified the state of that event, but the paperwork fell through the cracks, state officials acknowledge, and authorities conducted no investigation at the time.

After the Tribune inquired about the case, the department dispatched an inspector who last month reported that the man was not properly supervised although he had been admitted for treatment of bipolar disorder, depression and alcohol abuse.

He had been drinking in the facility just before he tried to flee and had a blood-alcohol level of more than four times the legal limit when staff found him “on the ground moaning” with a broken glass bottle and a beer can beside him, according to the state’s report.

Continental is contesting a pending civil malpractice lawsuit filed by the man’s family.

On the day of the five heroin overdoses in February, staff at Continental suspected that residents were seeking drugs from a female visitor but did not intervene or report it, a state inspection report said.

A 33-year-old resident told inspectors the visitor was a relative of a resident and sold “white powder in a small zippered baggie.” The 33-year-old snorted the powder and said: “I don’t remember much after that until I woke up and saw the paramedics standing over me.”

Another resident who also overdosed said he paid $25 for the heroin and assured the supplier that if the drugs were “good” he could triple her money “in three days at the facility,” the state public health inspection report said.

Continental was cited for not monitoring residents who returned to the facility from the hospital.

A 46-year-old woman who told a social worker she “wants to get sober and not be an addict anymore” overdosed again her first day back. Another man nodded off during his interview with an inspector, and a fellow resident said that man “got high again this morning.”

In addition to the overdose incidents, police were called to Continental in October 2015 when residents alerted staff to narcotics abuse inside the facility. Staff searched rooms and recovered paraphernalia for cooking and shooting drugs that they turned over to police, records show.

Across the country, at least two heroin overdose cases have emerged in nursing facilities since last year. In a La Porte, Ind., case that remains under police investigation, a 64-year-old woman was found dazed and bleeding from the nose after ingesting heroin at the Golden Living Center in August. And in November a southern Ohio man was charged with involuntary manslaughter after allegedly supplying his wife with a fatal dose of heroin inside a nursing facility.

“We’re a drug-taking society, and it’s only a matter of time before this gets into the nursing homes,” said Dr. Harry Haroutunian, physician director at the Betty Ford Center in Rancho Mirage, Calif.

Continental administrator Jonathan Dixon declined to discuss heroin abuse at the facility but gave Tribune reporters a limited tour of the second floor, where the overdoses took place. He said he did not have permission from “corporate” to take reporters through other parts of the home.

Those second-floor rooms no longer house younger patients with psychiatric and substance abuse problems, Dixon said, only geriatric and post-operative residents. The rooms were freshly painted, and some beds had been removed to convert them from triple-occupancy to double-occupancy.

The complex ownership and management structures employed by Gubin and his longtime business partner Michael Blisko limit their involvement in day-to-day operations, according to Tribune interviews and testimony they gave in civil lawsuits.

The physical facilities housing Continental and other homes are owned by subsidiaries of the partners’ real estate investment trust, called Strawberry Fields. Registered in the British Virgin Islands, Strawberry Fields recently raised $68 million on the Tel Aviv Stock Exchange to expand operations with a goal of growing by 50 percent a year, according to its public statements.

Each of the 13 homes in northern Illinois is operated by a separate company; those companies hire administrators to run the homes day to day. Gubin and Blisko own a combined 75 percent of the company operating Continental.

Continental and other facilities pay a separate consulting company solely owned by Gubin and Blisko to offer suggestions about management, nursing, billing and payroll practices.

The consulting company was initially called New York Boys Management, but that name caused “image trauma,” Blisko testified in a civil court deposition last year. “People felt that it wasn’t giving the professional identity, if you will, that it wasn’t good for business,” he said. The firm is now Infinity Healthcare Management, records show.

Continental paid Infinity $313,818 in consulting fees last year, while the 12 other northern Illinois facilities paid Infinity $4 million in all, state nursing-home cost reports show.

Facility administrators are in charge of their buildings and free to disregard Infinity’s recommendations, Gubin told the Tribune. He said he does not read state public health inspection reports about his homes.

“The person who is the administrator is the one who is responsible day to day,” Gubin told the Tribune.

Continental administrator Dixon later sent the Tribune an email saying: “We consistently strive to provide the highest quality of care, in a safe environment.”

dyjackson@chicagotribune.com

gmarx@chicagotribune.com

Twitter @poolcar4

Twitter @garyjmarx

Copyright © 2016, Chicago Tribune
And in another article from the Chicago Tribune on dangers in nursing homes:
(scroll to right to read article)
Two social workers were filed from their jobs when they refused to falsify incidents of abuse at a Burnham nursing home which houses the mentally ill, those with substance abuse problems and known felons.
Last year, the nursing home received $16.5 million in government funds (Medicare/Medicaid) and made $1.4 million in profits–and some of that went to Peter and Morris Esformes in the form of real estate payments and “consulting fees” and management fees–despite the fact that they were recently indicted by the feds for $1 billion in Medicare/Medicaid fraud.
Assaults, including sexual assaults, went undocumented and uninvestigated.  Again, this nursing home houses the mentally ill as well as felons.
It also contains some very chilling quotes that where residents were “uncooperative”, that security guards would be told to go into their rooms and beat them into compliance.
Currently, the Probate courts do not keep lists of acceptable and unacceptable nursing homes. There is no known way to protect those in guardianship from highly abusive nursing homes.
Bev Coo0per, in the Alice Gore case, wanted to take her mother home repeatedly to a beautiful North Shore suburban home, and this request was repeatedly denied by the GAL, Miriam Solotevitch and the court, Judge Kowamoto.    Instead, poor 99 year old Alice Gore was isolated for over 10 months from 20+ friends and family, and when she was next seen, her 29 gold teeth had been pulled and a feeding tube inserted against her will and she was all skin and bones.
All this has to end.
JoAnne

From “Lawman” blog fan–what to do when facing a 619 Motion to Dismiss

Click to access Daniel%20Gillespie%20AND%20Shawn%20Wood.pdf

Here is an excellent and comprehensive listing of what to do when you are facing a 619 Motion to Dismiss, complete with case law.

Motions to Dismiss are typically filed right after the Defendant receives the complaint and the Defendant has to Answer the Complaint or otherwise plead.

Generally, if your Defendant does not file a Motion to Dismiss, it is generally waived.  However, the Defendant can still file a Motion for Judgment on the Pleadings and/or  A Summary Judgment Motion, so make sure your Complaint is on solid grounds.

From the Illinois IDPR–Morgan and Messina–my corrupt and unlicensed court reporters at my ARDC trial–gone, gone gone.

Illinois Department of Financial and Professional Regulation Illinois Department of Financial and Professional Regulation

Lookup Detail View

Contact

Name City/State/Zip DBA/AKA
JO ANN MESSINA-EGAN Joliet, IL 60432-0745
Contact Information

License

License Number Description Status First Effective Date Effective Date Expiration Date Ever Disciplined
084002114 CERTIFIED SHORTHAND REPORTER PERMANENT INACTIVE 03/15/1979 03/15/1979 05/31/2005 Y
License Information

Disciplinary Actions

Case Number License Number Action Discipline Start Date Discipline End Date Reason for Action
2016007446 084002114 Fine 11/14/2016 for practicing on a non-renewed license.
2016007446 084002114 Permanent Inactive 11/14/2016 for practicing on a non-renewed license.
Click here for definitions of the different types of disciplinary actions the Department may impose.

The Reason For Action from this Lookup dates back to January 1, 1990. Any actions and/or Reason For Action taken against a license prior to 1990 may not be displayed. Note that the Reason For Action is extracted from the Monthly Disciplinary Report. Therefore, the text in this column may not begin appearing until the report for the month/year the discipline was issued has been compiled.

Please Note: Reason for disciplinary actions which occurred for Real Estate professions prior to February 1, 2008 will not be listed here. Please contact the department for information regarding past Real Estate disciplines.

Generated on:  12/20/2016 3:31:50 AM

 

From JoAnne —

For the record, I did NOT report anyone to the IDPR.
I just let the process take care of itself.
My court reporter was not licensed.  As you will recall the court reporter said in her affidavit that she filed with the ARDC and I filed with the Illinois Supreme Court that she “was going to get her license back.”  So I felt it was best to wait and see if she will admit to the IDPFR that she did transcribe without a license and let them figure out what to do with her. (Of course, if she was not honest and did not admit to what she had done to me, I would have reported her).
I happen to know that when you fill out those forms, you have to let the IDPFR (Illinois Dept. of Professional Regulation) know if you have committed any violations–and she clearly did, taking thousands of pages of transcripts without being licensed.
I am compassionate, and I like for people to fix their own stuff when they have screwed up.
I believe that my court reporter admitted her error–and in return, the IDPFR told her she had to surrender her license permanently.
Now, with this, what will the ARDC do?
Will Jerome Larkin, head Administrator of the ARDC reinstate my license, together with Melissa Smart and Sharon Opryszek or will they again tell the Illinois Supreme Court it is no big deal for a court reporter to transcribe without a license.
I see this as res judicata and collateral estoppel and massive Fraud on the Court in my case that any judgment against me was nothing more than Fraud on the Court.
I did a google search for the name “Morgan and Messian” and found nothing.
I think their business and website is gone.
I am going to FOIA the information on her license renewal information.
Let’s see what happened.
While I feel sorry for her, it is not an excuse for her to practice court reporting and transcribe without a license and she has to take her lumps. She should be the one to come forward and to admit she committed a serious fraud against me and the public.
I think she has done that now, let’s see.
I forgive her for what she has done to me.  I am not going to hold on to that.
But the Illinois Supreme Court and Jerome Larkin, Melissa Smart have not taken their lumps and apologized to me.  I am waiting. This blog is honest.  The case against me was nothing more than a witch hunt, a circus and violated the First Amendment and any and all notions of Due Process in a free, open and democratic government.  They know all they did was protect clouted attorneys.  And that’s wrong.  My blog is only “crying fire in a crowded theater if the theater is filled with crooked judges and lawyers.”  No honest judge or lawyer has to fear my blog. Ever.
JoAnne

Let’s raise money for Rent–$24,000 per year

As you know, Justice4 Every1 provides services to corruption victims for free.  We look at cases and report corruption to the authorities.

In the past, 6 judges have been removed with our efforts and the efforts of many others in reporting corruption.

We do not get any money from the government or any other sources. We depend on your generous donations.

Please help us raise rent money to keep services to court corruption victims for free.

Thanks

JoAnne

You can donate here:  https://gofund.me/rent-for-justice4-every1-nfp

From You Tube: Another Elder held against his will in a lock down nursing home.

 

Unbelievable the things that are sent to my attention.

Take a look at this:  Milton Golin, an elderly veteran with a perfectly good home being held against his will in Peterson Park by two amazingly obnoxious staffers who say it’s illegal for the son to video tape them, but somehow false imprisonment and kidnapping of an elderly man is not.

Please pray for this horrible situation and that this man gets help.

 

I don’t know all the details yet, but Peterson Park should be ashamed of itself for doing this.  1) for lying about the fact it’s illegal to videotape the commission of a crime in progress and 2) for unlawful restraint, false arrest and kidnapping.

 

Of course Peterson Park is holding him for his estate or Medicare benefits, but this is a blatant violation of numerous federal and state laws that say the elderly can and should live where they want to.

JoAnne

From Ken Ditkowsky–time to Drain the Swamp of Probate Court

Subject: Re: Free Speech is under attack – if we do not protect our rights we will lose them forever!
Date: Dec 19, 2016 9:01 PM
The distraction of the election is NOW mercifully over.   For a few minutes politics is off the table.    The sole issue that is on the table is how do we recapture our democracy and in particular the Rights, Privileges, and Immunities of our Constitution.
This means very simply that we have to demand that Law Enforcement do an Honest Investigation of the scandal of Elder Cleansing and the concerted over-up that has been imposed by corrupt officials (such as the Administrator of the Illinois lawyer disciplinary commission IARDC) who has totally misused his office.   This is a Condition precedent.     We do not wish to violate the very laws that we want enforced.
I like Dr. Sugar’s project.   Another brave activist did something similar and filed it with the United Nations that the use of chemical restraints constitutes torture and is prohibited under the Geneva Convention.  Also, the isolation of elders is torture prohibited by the Geneva Convention.  Declaring undesired individuals incapacited and then drugging them and isolating them is just another of Hilter’s (read any psychopath’s) bag of tricks which has been used for nearly 100 years how.   I hope that the information that Dr. Sugar has requested can get to him quickly and that the filing with the UN can also be made part of his data base.
I’ve copied law enforcement on this e-mail.   I’ve also forwarded Jeff Golin’s video. I see that he sent a copy to Attorney Denison.   With a new broom in Washington, and the new broom wanting to “drain the swamp”  I hope that the first tier of ‘swamp’ that gets drained is (are) those entities (and people) who prey on the elderly and use public funds for a cover-up.   I’ve quite seriously suggested that the way to deal with these miscreants (including Jerome Larkin) is for the Internal Revenue (Department of the Treasury) and the State Department of Revenue to use their CIVIL powers of tax collection.   The Sykes case 09 P 4785 has 3 million dollars of taxable income not reported by the two guardian ad litem, the guardian, the attorneys for the guardian, co-conspirator Jerome Larkin, co-conspirator *****and all the other 18 UsCA 371 co-conspirators.  The booty (and tax fraud) = which includes a million dollars of gold coins, a real estate scam, etc = is earning interest and penalties each day as we speak ==  Illinois is on the verge of Bankruptcy, and the United States of America has a 20 trillion dollar debt.   Elder Cleansing booty is significant!  in addition it is collectible.   For instance, Larkin has funds that are available for garnishment and in a civil action HE HAS THE BURDEN OF PROOF!    (in a criminal action the government has the burden of proof).

From Gloria: a word to the wise: Exhaust your state court remedies

http://www.courthousenews.com/2016/09/16/seventh-circuit-wont-allow-service-dog-case.htm

Note in the article at least it says that Judge MacCarthy accused Gloria’s dog of being “just a pet” and that Gloria had a fake disability (LAS) or Litigation Abuse Syndrome.  I hope Gloria reported this nonsense to the JIB.

What the 7th circuit said was that Gloria had to exhaust her state court remedies. That is, she had to first appeal the ruling in Judge MacCarthy’s courtroom, or file a separate state court lawsuit.

We all know that Gloria’s suit would have been dismissed by the appellate court and any new suit brought in state court would have been kicked to the curb, and most likely with sanctions.

However, I can’t tell you how many times in the past I had told clients that they had to exhaust their state court remedies in order to go to Federal Court.  Soooo many people have found that state court is prejudiced against the ADA, the senior, the disabled, the disenfranchised. All these people see it and feel it and want to run to Federal Court.  But they can’t. They first have to exhaust state court remedies.

I still recall when Aicha MacCarthy came screaming down the court hallway, her robes a flutter in the breeze she was creating, screaming she was going to jail Gloria because Shaggy barked and she thought service dogs don’t bark.  (See prior post, yes they do, as a last resort when the person they are caring for isn’t taking appropriate action, they bark to warn of imminent danger).

So when your lawyer tells you you have to exhaust all your state court remedies before filing in federal court, please do so. File the appeal that will be dismissed on motion, file the new case that will be dismissed for failure to state a claim because currently the Circuit Court of Cook County doesn’t believe there is an ADA or that it applies to anyone or anything.

 

Just ask Aicha MacCarthy.

From FB/Elizabeth Indig–April Parks is going down-Hurray!

OMG OMG OMG TODAY IS THE BEGINNING OF THE END OF THE REIGN OF CORRUPT GUARDIANS AND ATTORNEYS IN CLARK COUNTY, NEVADA.

Finally, after over 2 years of delays in Family Court, our trial against private guardian April Parks took place.

.The honorable Judge Nancy Allf presided.  Homa and Adam Woodrum did a great job of representing my mom. I am so grateful.

After over 4 hours of testimony, Judge Allf made her ruling.

She stated “PARK’S ACTIONS WERE SO EGREGIOUS THAT THEY DEMAND A DISGORGEMENT”

She went on to say Parks was guilty of FRAUD, THEFT, BREACH OF FIDUCIARY DUTY AND CONVERSION OF FUNDS.

She then went on to order that Parks is not entitled to any of the $22k in guardian fees and she must return the $13k she prepaid herself.
Noelle Palmer Simpson (Park’s first attorney) is to return the $3000 she was supposedly paid by Parks.

$40k is to be returned for the loss of the home.

$100k is to be returned for the loss of the valuables in the home.

Sadly Parks has hidden her assets so most likely my mom will never benefit from the judgment. Since I did not think money judgments of that size were ever ordered in family court (this may be the first?) I am in total shock.

This ruling by Judge Allf is crucial in stopping the rampant guardian abuse in Clark County Nevada!

NOW CAN WE HAVE AN ARREST PLEASE???

Another article on problems with guardianships in Las Vegas, NV:

http://www.reviewjournal.com/news/las-vegas/ex-official-guardianship-system-isnt-bad

http://aaapg.net/latest-news-from-las-vegas/

http://www.stopguardianabusenv.org/blog/embattled-private-guardian-april-parks-censured-for-exploiting-the-elderly-mastermind-jared-shafer-stays-under-the-radar-for-now

 

 

 

From ABC News-Abuse at Nursing Homes rampant

http://abcnews.go.com/US/story?id=92689&page=1

Reports of serious, physical, sexual and verbal abuse are “numerous” among the nation’s nursing homes, according to a congressional report released today.

The study, prepared by the minority (Democratic and Independent) staff of the Special Investigations Division of the House Government Reform Committee, finds that 30 percent of nursing homes in the United States — 5,283 facilities — were cited for almost 9,000 instances of abuse over a recent two-year period, from January 1999 to January 2001.

Common problems included untreated bedsores, inadequate medical care, malnutrition, dehydration, preventable accidents, and inadequate sanitation and hygiene, the report said.

Many of the abuse violations caused harm to the residents, the report said.

In 1,601 cases, the abuse violations were serious enough “to cause actual harm to residents or to place the residents in immediate jeopardy of death or serious injury,” it said.

“What we have found is shocking,” says Rep. Henry Waxman, D-Calif., the committee’s minority leader, who instructed the staff to do the study.

Kelley Queale, director of communications for the California Association of Health Facilities, however, says reports such as the one released today can be misleading, since stringent regulations require reporting even the most minor of incidents, such as one resident slapping another.

“That inflates the figures and makes it sound a lot worse than the reality is,” she says. “We believe that nursing homes are providing the best care they can in a difficult environment.”

Grotesque Abuse

In some reported cases, a member of the nursing home’s staff was accused of committing physical or sexual abuse. In others, staff were cited for failing to protect people from abuse by other residents.

The report documents instances of residents being punched, slapped, choked or kicked by staff members or other residents, causing injuries such as fractured bones or lacerations.

Some of the violations uncovered are particularly disturbing. In one case, according to the report, an attendant walked into a resident’s room, said “I’m tired of your ass,” and hit her in the face, breaking her nose.

In another case, attendants bribed a brain-damaged patient with cigarettes to attack another resident, then watched the two fight. The report also described a case in which a male attendant molested an elderly female resident while bathing her.

Instances of abuse appear to be on the rise. The percentage of nursing homes cited for violations has increased every year since 1996, according to the report.

Many for Profit, Taking Federal Money

The homes cited by the study for instances of abuse accommodate some 550,000 residents. Nationwide, some 1.6 million people reside in 17,000 nursing homes and 11,000 of them are for-profit businesses.

The federal government is the biggest contributor of nursing home care, mostly through Medicaid, a joint federal-state health care program for the poor, and Medicare, the federal program for elderly and disabled people. Federal heath and safety standards are designed to protect nursing home residents from abuse.

To enforce the standards, the U.S. Department of Health and Human Services contracts with the states to conduct annual inspections of nursing homes. The states also are required to investigate individual abuse complaints. The report’s statistics were derived from these state inspections.

Industry Says Money a Factor

Nursing home industry representatives attribute problems, in part, to a nationwide difficulty in attracting and keeping quality, skilled staff.

“In California also, we don’t have enough licensed vocational nurses, and we don’t have enough working aides or certified nursing assistants,” says Anne Burns Johnson, CEO of the California Association of Homes & Services for the Aging. “There are not enough people entering the field. And so staffing becomes more complicated when you can’t even hire people.”

Insufficient state and matching federal Medicare funding levels are an important reason, she says. “The reimbursements are low compared to what the residents’ needs are,” she says, and so nursing assistants, paid through those funds, can average around $7 to $9 per hour.

Waxman plans to introduce a bill this week, designed to improve nationwide nursing home care. Among other things, it would increase funding, set minimum staffing limits, increase Internet disclosure of nursing home conditions, and impose new fine levels.

Waxman, who’s mother is in a home in Maryland, also believes insufficient funding is a cause of problems: “[U]nless we are willing to pay nursing homes enough to do their job, intolerable incidents of abuse and other types of mistreatment will continue to persist … ”

He said he knows many nursing home operators are “dedicated to providing the best care possible,” and who “would never knowingly tolerate abuse or other dangerous practices in their facilities.”

But added: “[T]he bottom line is clear: Something clearly needs to be done to improve nursing home conditions,” said Waxman. “It would have been intolerable if we had found a hundred cases of abuse; it is unconscionable that we have found thousands upon thousands.”

Not-for-Profit Better?

Johnson maintains that a higher level of care is provided at not-for-profit facilities, such as those represented by her organization.

“Most of our facilities are small, community-based and religious-based,” she says.

Queale of the California Association of Health Facilities, which represents for-profit facilities, says for-profit care can be just as good if not better.

But she adds some not-for-profits have advantages because they have higher staffing with more volunteers, and they get more government funding.

Johnson notes nursing home care is inherently complicated because residents frequently have multiple medical problems, are frail, and in most cases would prefer to be in a different setting. (See: Will They Need Help?)

When putting people in a facility, says Queale, “[relatives] should do research ahead of time if possible, get referrals from their physician or word of mouth about a good reputation.”

A Snapshot Look

Another report prepared by the minority staff of the Special Investigations Division, released last Monday, found more than 70 percent of 59 homes in one Pennsylvania congressional district failed to meet federal health and safety standards during recent state inspections.

Such standards included measures for preventing pressure or bed sores, providing sanitary living conditions, and protecting residents from accidents, that report said.

More than half the homes, it said, had violations that caused actual harm to residents or had the potential to cause death or serious injury.

Examples of perhaps some of the worst care in other staff reports since 1999 include: a Chicago nursing home where dozens of residents were found in physical restraints, many in violation of federal health and safety standards, and a San Francisco nursing home where inspectors found hundreds of ants crawling over the body and in and out of the mouth of an 83-year-old resident.

Nursing home representatives argued that the “overwhelming majority” of nursing homes meet government standards and that many violations causing actual harm are actually trivial in nature, the report said.

The report countered that many allegations were examined in detail, documenting harmful violations, including at least one incident that contributed to a death.

Many other incidents were documented that, the report said, “would be of great concern to families, but were not classified as causing actual harm … ”

So then, why are Illinois courts ordering the elderly and disableds into nursing homes where they can be harmed when there are relatives waiting to take in their own mothers and fathers?  (Frake case and Lorraine Phillips cases, both elders are at risk of death and have been abused in the Illinois Probate court system, but the Illinois ARDC and JIB do nothing and Larkin wants to get rid of this blog that exposes these problems)
JoAnne

From Andy Ostrowski–Corruption in Pennsylvania

When Justice Alito was still on the Third Circuit, he was on the panel before whom I appeared, and authored the an opinion in a case early in my civil rights career, I represented a man, David Chittister, who sued the Pennsylvania Department of Community and Economic Development for First Amendment retaliation and for violations of the Family Medical Leave Act.  The case was mentioned in his Supreme Court confirmation hearings – https://books.google.com/books?id=cQPWT1nb6soC&pg=PA1362&lpg=PA1362&dq=chittister+v+dced&source=bl&ots=6TSDkb3E3t&sig=FC_m5lu6P_x6joWcBjAA38UK1GY&hl=en&sa=X&ved=0ahUKEwi6p-fap-zQAhWD4iYKHYO9DfIQ6AEINDAE#v=onepage&q=chittister%20v%20dced&f=false.

 

The claim involved a scheme to circumvent an open political graft program (the “WAM” program for “Walking Around Money”) which Governor Tom Ridge eliminated as a campaign promise.  It was a significant factor in his election.  Upon the change in administration, the money earmarked for that program was funneled through a program managed by Mr. Chittister.  He denied the one-line requests for a few thousand dollars here and there for no programmatic purpose, and began to receive pressure to simply approve the requests.  He resisted, and was harassed, and ended up with the desk, chair, and phone, and no job duties, and was forced out.

 

Through some typically transparent chicanery of the federal district judge, Sylvia Rambo, of the Middle District of Pennsylvania, in service to the political establishment of the persuasion that prevails in central Pennsylvania, ended up dismissing the First Amendment claims on a Motion for Summary Judgment, and allowed us to proceed to trial on a claim under the FMLA.  There was nothing honest or just about it, and the claim was a very difficult one to make, for specific reasons I do not currently recall.

 

What these federal judges do in these civil rights/whistleblower/public corruption cases is engage in a process of “winnowing” the claims, through use of the Motion to Dismiss and Summary Judgment Motion, and then permitting cases to go forward on limited aspects of the overall claims, then using the lengthy summary judgment opinions as guides for limiting the evidence at trial, and then engineering jury verdicts through the creative use of special verdict questions.  In these cases, the jury rarely ever heard the full scope and essential nature of the cases, and adverse verdicts were often justifiable on the engineered record.

 

Well, despite the engineering of the trial judge, we got a verdict in our favor, and a modest award of damages and attorneys’ fees in Mr. Chittister’s case.

 

On post-trial motions, the Commonwealth raised the issue of whether it was immune under the 11th Amendment for damages under the FMLA.  I made the clear and simple argument that I believed compelled a favorable ruling on the issue – that, clearly, the states did not have 11th Amendment immunity under the FMLA.  Judge Rambo, of course, granted the motion, and threw out the verdict.

 

Both the First Amendment and the FMLA issues were appealed to the Third Circuit, and Justice Alito was on the panel.  The First Amendment/whistleblower issue was a no-brainer under the state of First Amendment public employee jurisprudence at the time.  Alito is cut from the same political establishment that prevails in Pennsylvania, and the First Amendment issue, which was my focus in the brief and at oral argument, was scarcely mentioned by the judges, and brushed off in the opinion.

 

Alito authored the published opinion, however, upholding the ruling that the Eleventh Amendment bars claims against the states under the FMLA. https://casetext.com/case/chittister-v-dept-of-commun-and-econ-dev.   My client was still ill, and near broke from the expense of the litigation, and the firm I was with, who were getting concerned with the political nature of the cases I was taking, would not commit to advance the costs for a Petition for Writ of Certiorari on an issue that I knew was a winner.  In a case not much later, the United States Supreme Court did accept a Petition on the identical issue, and decided in Nevada Department of Human Resources v. Hibbs, 538 U.S. 721 (2003).

 

In the interim, we filed a qui tam action under the federal False Claims Act, based upon the fact that the fraudulent use of the program administered by my client, which involved a few million dollars a year of federal grant money.

 

Based upon the US Supreme Court ruling in Hibbs, I filed a Motion to Open Judgment in the district court, asking that the verdict be reinstated because the Court at all times did have jurisdiction.  I believe I addressed the First Amendment issues as well.  Judge Rambo denied the Motion, and I filed an appeal to the Third Circuit.  Rambo’s Opinion had some threats directed at me, and an invitation for the Defendants to seek sanctions for something or other, which they did not follow through with.

 

In the Brief I filed with the Third Circuit, I placed a footnote wherein I carefully layed out the logic of my position that, consistent with my ethical duties, I had an obligation to inform my clients that there is corrupt decisionmaking in the federal courts.  I’ll have to dig out the document, and post the footnote.

 

I was about 37-38 at the time, and was very naïve to these issues, and I did not do this lightly or cavalierly.  I said it because I felt I had to, and trusted that it needed to be addressed.  We had a later oral argument scheduled on the matter, and I recall being very anxious that I was going to be taken to task on this point.  I was very apprehensive about it.

 

Not a word, however, was mentioned, and I never heard a word of the substance of that footnote since.  However, it was a couple months later where I had my first brush with the disciplinary authorities.  A young girl, 20 years old, who I was helping with some misdemeanor charges she was dealing with, asked me to write a letter to her mother telling her mother that she is no longer permitted to interfere in her daughter’s affairs, which I did.  The mother called me and told me that I was going to pay a heavy price for sending her that letter.

 

I had also taken over the representation of the young in an auto accident in which she was involved.  The girl got an additional charge for retail theft, and was forced by her circumstances to return to her mother for support.  While she was in jail for about 90 days, she sent me a letter with a couple questions about her injury case.  I was pursuing the case, but did not get back to her.  A disciplinary complaint was filed against me by the mother, and I received an informal admonition (got a discipline on my record) as a result.  They also settled the injury case out from under me, and stiffed me on my fees.

 

After Alito took his seat on the Supreme Court, he participated in 3 decisions, Garcetti v. Ceballos, Guarnieri v. Borough of Duryea, and Enquist v. Oregon Department of Agriculture, which severely curtailed the First Amendment protections of public employees, by saying when the unlawful conduct in which they are involved, or refuse to be involved, is part of their job duty, they do not have constitutional protections.  This would have ended the Chittister case if it was the law at the time, and me and my partner, Don Bailey were handling a lot of these types of claims.

 

The story of Don Bailey relating to Justice Alito, and how a $1.5 million verdict against, among others, Pennsylvania’s Attorney General, Mike Fisher, who is now a Third Circuit Judge sitting in the seat vacated by Alito, and the “shit storm” this caused, is told here – http://pennsylvaniacivilrightslawnetwork.com/2011/11/21/the-role-of-partisan-politics-in-pcrln-the-bailey-shit-storm/.

 

To the point of this email, is this corruption?  How do we factor these things into the approach to reform we take?

 

 

From Ken Ditkowsky–Free Speech making come back on campuses

kenneth ditkowsky

7:42 AM (4 hours ago)

To: states attorneys and FBI and probate and court bloggers
It is unsafe to be old in Florida, Illinois, New York, California *****.    Too many seniors are literally taken off the street and placed into guardianships designed to strip them of their liberty, property and humanity.   As long as their is one Mary Sykes or Alice Gore case that remains unpunished and protected by the likes of Jerome Larkin and his Attorney Registration and Disciplinary commission the core values of America are in jeopardy and the First, Fifth and Fourteenth Amendments is being trampled on.    Attorneys who called for an HONEST INVESTIGATION were greeted with Kangaroo proceedings masquerading as disciplinary proceedings.  Families who complained were told that the corrupt judges and lawyers conducting the violations of our constitution were lauded.   The Guardian ad Litem who orchestrated the elder cleansing of Alice Gore not only was allowed to get away with ravaging the mouth of Alice Gore to obtain the few grains of gold from her teeth, but, to literally steal a huge amount of money from a Florida Probate Estate!   She teaches legal ethics in the Illinois Continuing Education Program.
The future however is bright.   In spite of the concerted efforts of the Judicial Establishment piece by piece the public is gaining knowledge of the outrage.   The Government Accounting Office has written five reports to Congress, Philip Esformes was indicted for stealing a billion dollars from Medicare, intellectuals actually are aware of the elder cleansing scandal, and the great unwashed are no longer complacent.
Exhibit 1:   An Article concerning Free Speech on Campus, to wit:
The only protection we have from ‘ourselves’ is openness and free speech.   The fact that I do not like the message that ******* has to give does not give me the right to silence him, or he to silence me.   That is our First Amendment!    We all must pledge to fight for the right of those who we disagree with to speak out and be heard.   That is the core of our democracy.

From WSJ and Ken Ditkowsky–Feds arrest Corp Officers involved in Opioid drug kickbacks to docs

http://www.wsj.com/articles/former-insys-ceo-arrested-in-opioid-prescription-kickback-case-1481228056?emailToken=JRrzdvB/ZH%2BUhdE8aswy00ctY7NNCumSV0iSJ33Nf0HWrnHOve%2BtgqQzwtyvoGSuSQNi/d0f5HQ%2BXSHQh2wvX86amLR2mlThcHBGo9SdjV3SYB6LxBPU

Of course, everyone knows that the main revenue stream keeping Elder Cleansing alive is the over use of opiods and psych drugs on the elderly and disabled.

Only one problem, the use of psych drugs and opiods in elders and disableds comes with a black box warning against such use by the FDA and is highly illegal.

Probate courts condemn the elderly to slums and ghettos called “nursing homes” who then drug the patients to death.  If they resist, they are held down and shot up with halodol (Wyman and Teichert).  No one stops this.  If Protective Family members protest, they are smeared and called felons, drug addicts (when it’s the probate judges and attorneys forcing illegal drugs on seniors and disableds) and they are threatened.

Look at this indictment and see why it is nearly impossible to stop the machine, until people get fed up and light a fire under the FBI to do its job.

In Illinois, we have the IDPR to investigate, but when one mother complained (Gidan) that her disabled son was being held by a psychopathic father, the judge said “he didn’t have time to read the file (of abuse)” and kept the son with the abusive father. Soon the son will turn 18, but did he finish high school?  (nope)  Did he miss most days?  (yep), under the mother’s care did he get A’s in honor’s level classes? (yep). So why was this judge so stubborn he ignored all this and place an innocent disabled son with the father to skip school, drop out and get drugged into being a zombie with illegal psych drugs? (profit and kickbacks?)

And why does no on investigate.

Just today, a clouted attorney on the 18th floor made sure a woman was condemned to die in a nursing home, drugged and the protests of a Protective Son were ignored by the court. The demands of a clouted attorney were rubber stamped to drug, keep the elderly mother in a nursing home, and make sure she suffered the worst form of torture imagined.  She has bed sores and no one cares. They are per se mal practice, but you think this clouted attorney reported it?  Of course not.  He needs to be condemned to a nursing home, shot up and drugged with death the only way out and septicemia from bed sores.

Is anyone listening to Ken and I and Candice Schwager and Barb Stone–the only attorneys who will speak out.

The ARDC and Jerome Larkin hate it.  Talking about abuse of the elderly as an attorney in probate court means ARDC Attorney Melissa Smart will accuse the attorney in one of the ARDC’s kangaroo courts of “yelling fire in a crowded theater”.

No attorney in Illinois is supposed to protect the elderly here. They are condemned to die in the slums and ghettos of nursing homes with force psych drugging. Alice Gore lost $1.5 million (uninvestigated) and 29 gold teeth in a famous 18th floor slum-like nursing home when she could have been pampered at home by her kind and caring protective Daughter.  But the Daughter protested and was slapped with a $60k bogus judgment.  She was not deterred and to this day continues to appear on a highly popular cable show speaking out against what atrocities happened to her mother–Alice Gore, who was eventually drugged to death and all skin and bones in the end–an end that happened soon after she lost her 29 gold teeth to some miscreant dentist who has yet to still be investigated and punished for this horrific crime.

Has the ARDC investigated the lawyers involved?  Nope. Do they continue to abuse and drug disableds and seniors under the guise of an unlawful probate court?  Yep.

Read on for the full article.

JoAnne

Six former executives and managers at Insys Therapeutics Inc. were arrested on Thursday and charged with conspiring to defraud health insurers and bribe doctors in exchange for prescribing the company’s fentanyl painkiller, Subsys, the Justice Department said.

Among those arrested were former Chief Executive Michael Babich, who resigned from the company in November 2015. Mr. Babich, 40 years old, was charged with conspiracy to commit racketeering, conspiracy to commit wire and mail fraud, and conspiracy to violate the anti-kickback law.

The racketeering, wire fraud and mail fraud charges each carry penalties of up to 20 years in prison, in addition to fines and supervised release, the government said. Violation of the anti-kickback statute carries up to five years in prison.

–– ADVERTISEMENT ––

Before resigning last year, Mr. Babich had helped oversee the company’s early success, which included its stock becoming the best-performing initial public offering of 2013. He sold $30.6 million in Insys stock during his tenure as CEO, according to Thomson Reuters data. In addition, he was paid more than $10 million in accelerated stock options and cash as part of his severance from the company in 2015, according to Insys regulatory filings.

Mr. Babich didn’t immediately respond to a request for comment. His attorney said he intends to plead not guilty.

In a statement, Insys said the arrests on Thursday related to previously disclosed investigations and that the company “continues to cooperate with all relevant authorities in its ongoing investigations and is committed to complying with laws and regulations that govern our products and business practices.”

Thursday’s arrests were the latest to result from ongoing investigations into Insys, a once-highflying pharmaceuticals company based in Chandler, Ariz., that has struggled over the past year amid increasing scrutiny by prosecutors and regulators.

Including the arrests on Thursday, 11 former Insys employees this year have been charged with breaking federal law.

Shares of Insys fell 11.9% through the close of regular trading on Thursday; shares have fallen 67% so far this year. Global sales of Subsys soared 50% to $329 million in 2015, but have declined significantly this year amid heightened scrutiny of opioid abuse and the company’s business practices. Analysts expect Subsys sales to decline 28% to $237.7 million in 2016, according to FactSet.

Insys and its chief executive and majority shareholder, John N. Kapoor, were the subject of a Journal article in November that detailed the company’s relationships with doctors, including a pair of Alabama physicians scheduled to go on trial next month to face criminal charges of operating what prosecutors allege was a “pill mill.”

The charges on Thursday were brought byCarmen Ortiz, the U.S. attorney for the District of Massachusetts.

“I hope that today’s charges send a clear message that we will continue to attack the opioid epidemic from all angles, whether it is corporate greed or street level dealing,” Ms. Ortiz said in a statement.

Also charged on Thursday were Alec Burlakoff,the company’s former vice president of sales; former national sales director Richard Simon; former vice president of managed markets Michael Gurry; and former regional sales directors Sunrise Lee and Joseph Rowan.

Anthony Pacheco, an attorney for Mr. Rowan, said in an email that “the indictment in itself is nothing more than a list of the government’s unproven factual assertions and legal theories.”

Ms. Lee and Mr. Simon couldn’t immediately be reached for comment. The other former employees or their attorneys didn’t immediately respond.

Mr. Babich and the other defendants disguised the company’s bribes to doctors and other health-care practitioners as legitimate fees paid for promoting Subsys to colleagues at speaking events, the government alleges in a criminal indictment filed in U.S. District Court in Massachusetts.

Subsys, a rapid-acting and highly addictive opioid, is approved by the Food and Drug Administration to treat extreme cancer pain. Messrs. Babich, Burlakoff and Simon, however, targeted their sales efforts at doctors who prescribed fast-acting fentanyl for all types of pain, the indictment alleges.

The goal of the speaker’s program was to reward large prescribers of Subsys, the indictment alleges. Mr. Burlakoff allegedly told an Insys sales representative in a text message that prescribers “do not need to be good speakers, they need to write a lot of” Subsys, the indictment alleges. Speaking events were “were often just social gatherings at high-price restaurants that involved no education and no presentation,” the indictment alleges.

Mr. Babich and the others closely tracked how much money each speaker was paid, how many Subsys prescriptions they wrote and the resulting net revenue Insys received, the indictment alleges. For a time, the former employees also explicitly calculated the return on investment from each speaker, the indictment alleges.

Many insurers refused to pay for Subsys unless prescriptions met certain criteria, such as being prescribed for cancer pain or for patients who had already tried cheaper alternatives, the Journal reported in November. To help address the problem, Messrs. Babich and Gurry in January 2013 created and operated a reimbursement unit that worked on behalf of doctors to obtain payment authorization directly from insurers, the indictment alleges.

Mr. Gurry and other unnamed conspirators taught reimbursement unit employees “how to mislead and deceive insurers regarding their employment, patient diagnoses, and tried and failed medications,” the indictment alleges. The reimbursement unit’s methods were effective: Roughly a year after the unit was launched, about 85% of prescriptions were approved for payment by insurers, up from roughly one-third of prescriptions in November 2012, the indictment alleges.

Write to Joseph Walker at joseph.walker@wsj.com

From Huffington Post: Judges for sale !

http://www.huffingtonpost.com/dick-simpson/judges-for-sale_b_1220061.html

Judges for Sale–Money buys Judicial favor and sympathy

01/20/2012 05:49 pm ET | Updated Mar 21, 2012

This column originally appeared in the Chicago Journal.

Hey bud, would you like to buy a judge? Judges in Illinois can be bought by cash or votes.

The Central Committee of the Democratic Party of Cook County buys judges with the promise of votes, naming them to the party’s official slate in exchange for implicit support. The key phrase at the slating session of prospective judges is “I am a lifelong Democrat,” which is code for saying, I’ll decide cases when I can the way the party wants.

Terry Lavin, a current slated candidate, put his credentials for judge at the slating session this way: “I have been a loyal Democrat. I voted in each of the Democratic primaries [of the] last twenty years. I helped the Speaker [Illinois House Speaker Michael Madigan] out on a number of elections in the south suburbs, same thing for [former state Senate President] Senator Emil Jones. When the Democratic Party wanted somebody to go down and testify in Springfield, I did that. When they needed help writing legislation, I did that.” Lavin is an able candidate, former president of the Illinois Trial Lawyers Association with many victories as a trial lawyer, but before the party slatemakers, that doesn’t count as much as party loyalty.

The political parties choose the judicial candidates for the bedsheet ballot, which has so many people running for so many offices that even informed political junkies don’t know much about the candidates for judges except their party affiliation. But campaign contributions also buy judges.

Lawyers give contributions to the very judicial candidates before whom they will appear. A thousand dollar contribution to this candidate and a thousand to that and pretty soon, you become a very effective lawyer, winning a lot of cases. You don’t need to know a whole lot of law if you buy the right judges.

On Dec. 15, 2011, the Illinois Campaign Finance Reform Task Force held public hearings on its working draft report, Public Campaign Financing and Illinois Elections. It was an excellent background report providing balanced information on the state of campaign financing, including judicial campaigns. The final report will be given to the governor this month.

The weakness in the draft, which more than a dozen witnesses including political and civic leaders from New Jersey and New Mexico pointed out, was that it ended without making any recommendations. This is despite the fact that the report provides evidence of major problems in interest group involvements in campaigns and the undue influence of large donors. I, and the other witnesses, testified that the Task Force needed to add a conclusion in support of the adoption of public funding — most especially, public funding of judicial campaigns.

Fittingly, the task force was meeting a week after former Governor Rod Blagojevich was sentenced to 14 years in jail for public corruption. Altogether more than 1,500 public officials have been convicted since the 1970s of corruption. Research at the University of Illinois at Chicago has estimated the “corruption tax” on the taxpayers is over $500 million a year.

Operation Greylord and other corruption investigations by the FBI and the U.S. Attorney General have led to the conviction of judges, lawyers and court personnel-fixing cases — even murder cases — for bribes. The nexus of party politics, crime and the courts has been known for decades.

But even when the mob isn’t involved, campaign contributions for judges undermine the credibility of the judicial system. In downstate judicial elections, supporters and opponents of “tort reform” and the outcome of “tort” lawsuits spent millions of dollars electing and defeating certain judicial candidates to win verdicts in the courtroom.

Illinois has a new campaign finance law which went into effect this year, but restrictions on truly large contributions (beyond $5,000 a person per candidate) and better reporting requirements are not enough. I personally support public financing at all levels like they have in Maine. But as I urged the task force, we must demand that the state legislature and governor pass legislation at least to support public funding of judicial elections. Merit selection of judges would be better still, but public funding would lessen corruption immediately.

2012, the year Blagojevich heads to prison, should be the year when we take money (and improper influence) out of judicial elections.

From Front line:

http://www.pbs.org/wgbh/pages/frontline/shows/justice/etc/synopsis.html

In “Justice For Sale,” FRONTLINE correspondent Bill Moyers examines the impact of campaign cash on the judicial election process and explores the growing concern among judges themselves that campaign donations may be corrupting America’s courts.

In the 39 states where voters elect some or all of their judges (see map of states), special interest money is pouring into judicial races helping to finance expensive tv ads, media advisers and pollsters, and threatening to compromise judicial independence and neutrality. This report includes a rare interview with U.S. Supreme Court Justices Stephen Breyer and Anthony Kennedy who speak out about the threat to judicial integrity.

“If there is the perception or the reality that courts are influenced in their decisions based upon campaign funding sources,” says Justice Kennedy, “we will have a crisis of legitimacy, a crisis of belief, a crisis of confidence.”

“Justice for Sale” looks at judges’ races in three states–Pennsylvania, Louisiana and Texas–talking to judges, media consultants and special interest groups who are donating big money to judicial campaigns.

In Pennsylvania, the pro-business group Pennsylvnians for Effective Government (PEG) surveys the voting habits of state Supreme Court justices and funds those who share their philosophy. PEG leader Bill Cooksees his group as being in competition with trial lawyers and labor unions who also contribute heavily to judicial campaigns. “Judicial elections are very partisan,” he says. “Do the judges know who the big donors are? Of course!” Helen Lavelle, a media consultant for a Pennsylvania judge who won re-election in 1999 acknowledges, “We sell a judge the same way we sell anything.” Although she believed in her candidate’s integrity, she’s concerned about money’s corrupting influence. “It’s unfair. People are ending up with a chance to be on a bench who have no business being there.”

Traveling to Louisiana, this FRONTLINE report investigates how in 1998 a business group financed a campaign against Pascal Calogero Jr., Chief Justice of the Louisiana Supreme Court, whom they viewed as unsympathetic to industry’s concerns. But after Calogero backed down on a crucial issue (and supported curbing a student law clinic which had several times successfully represented poor people against oil and gas interests in environmental cases), Calegero was able to secure enough donations from business to help him win another term.

In Texas–which Moyers calls “the heavyweight in partisan, expensive, knock-down, drag-out brawls for control of a state Supreme Court”– FRONTLINE looks at how special interests and their fundraising has dramatically changed the make-up of the Texas Supreme Court. Twenty years ago, Texas was known as the ‘lawsuit capital of America’ with judges and juries favoring trial attorneys and their clients. By 1998, the Texas Medical Association had successfully spearheaded a campaign by business to take back the courts. Today, all nine members of the Texas Supreme Court are Republicans and staunchly pro-business, according to critics. Texas Supreme Court Justice Tom Phillips is one of several Texas legislators, lobbyists and judges who talk about the politics and money scramble to run for judicial office. Although Phillips calls for reforms to lessen money’s influence, during his ten years on the court, he’s had to learn to play the money game.

Throughout this report, FRONTLINE tracks the mounting evidence–polls, surveys and reports–that trust in judges and the courts is eroding because of the perception that campaign contributions to judges are affecting their decisions on the bench. For example, a June 1999 survey conducted by the Texas Supreme Court and the Texas State Bar found that almost half the judges in Texas believe campaign contributions significantly influence judicial decisions. Lawyers who appeared before the courts were even more skeptical of the system–79% believe that campaign contributions affected the decisions.

“Try as they might, the nine justices of the Supreme Court of Texas today have their next election on their mind every day of their life,” says Bob Gammage, a former member of the Texas Supreme Court. Gammage believes that the justices strive to be impartial, but are dependent upon their campaign donors: “If you don’t dance with them that brung you, you may not be there for the next dance.”

Note it is reported that it takes over ONE MILLIONS DOLLARS to get elected to the Penn. Supreme Court. What is the quid pro quo for that?  No wonder why their disciplinary board goes after attorneys that represent the little guy and scream corruption when the courts consistently rule in favor of big business, with no statute or common law to support such decisions–just pure nonsense.  Ask Andy Ostrowski about that and how he was wrongfully disciplined for speaking out against corruption.

on justice eroding in the US:

No wonder why I was taken out for running this blog and supporting the average citizen who did not receive justices, a law, a statute, anything, to support a bogus decisions.

No wonder why our Appellate Court and US Supreme Court keeps briefs inaccessible to the public so citizens that cannot afford an attorney have little hope of justice. The biggest firms and brightest attorneys (not necessarily the most expensive), are writing briefs that no one else will see or can use for their pro se cases.

What gives Illinois government the right to even withhold briefs from the public?  These should be online, for crying outloud.

The ARDC files are now all scanned in and they should be made public too.

The Illinois government does not own these documents personally. They belong to the people, and as such, they should be made publicly available.

What gives Illinois Clerk of Court Dorothy Brown the right to withhold pleadings from the public online and force people to go downtown to pay $1 for the first two pages and then 50 cents and a quarter after that when Federal Court documents are 8 cents per page on Pacer.  What is the legal justification for that?  Why has no one sued? When Pacer was sued for raising their prices to 10 cents per page, the price ended up once again at 8 cents per page.

Illinois citizens demand justice and fairness.

Too many cases now involve judges and lawyers that should not be in the courtroom. They make money illegally and through bribes. Dennis Wians is currently filing a brief at the Court of Appeals for a bogus large judgment rendered against him in probate.  He claims he only used his Power of Attorney to take care of his loved one. The miscreant lawyers ignored his complete and full accounting and the court rubber stamped a huge judgment against him.  He then went and filed Bankruptcy and the legal miscreants followed him there claiming the judgment was valid and that it was intentional and the debt should not be discharged. This is not the first time this has happened. It also happened in the Alice Gore Case (the famous one where her 29 gold teeth were pulled and a feeding tube inserted against her will. she still loved to eat and ate quite well with 29 gold teeth in her mouth).  Please pray for Dennis Wians, he will need your prayers and support.

The Mary Sykes case still has no discovery. It was quashed in trial court and the ARDC refused to allow myself or Ken Ditkowsky discovery.  We need a trust accoutning.
We need to find out where the valuable coins are and other bank accounts.  The Treasury of the State of Illinois claims it can barely pay the bills.  But thieves in the courtroom take millions with impunity and uninvestigated. The Federal Govt has a tax rate of 50% for criminal gains.  Why no Illinois?  Why just 4%. Forget that nonsense.  Illinois needs to ratchet up the tax rate to criminals and START COLLECTING on the taxes when tax fraud by court actors is reported.

Also, why no push to test doctors, lawyers, judges, police, fire, teachers, p0liticians, etc., for psychopathy?  It can now be detected with a PET brain scan. These are very dangerous entities with no love, guilt, remorse, conscience and they only enjoy bullying, injustice and criminal activity.  These people should be tested and delicensed. Brain scans are now down to $600 each, according to a local commercial.

From Roseanna Miller–Deaf woman wins $600k judgment for ill treatment by police under ADA

Now the real question is, why are the deaf being covered by the ADA but elders and disableds suffering abuse, bedsores and chemical restraints generally receive no protection from our state and federal court system under the ADA?

http://www.huffingtonpost.com/entry/deaf-woman-nypd-lawsuit-settlement_us_5630da6ce4b00aa54a4bfef1

Deaf Woman To Get $750,000 For Hellish Ordeal With NYPD

“Deaf individuals have rights, and they do not have to tolerate discrimination and injustices of any kind.”

10/28/2015 01:18 pm ET | Updated Oct 30, 2015

NEW YORK — A New York City woman, who is deaf and says NYPD officers wrongfully arrested her and then ignored her pleas for an American Sign Language interpreter, has settled her lawsuit against the city for $750,000, a sum her lawyers say is the largest ever deaf discrimination settlement for a single person.

“Our client is pleased that she can now move on with her life and put this horrific situation behind her,” Andrew Rozynski and Eric Baum, the lawyers representing 58-year-old Diana Williams, said in a statement Tuesday.

EISENBERG AND BAUM LAW CENTER FOR DEAF AND HARD OF HEARING
Diana Williams won a $750,000 settlement in a lawsuit against the NYPD.

“Due to the immense barriers they face when trying to communicate with the hearing world, Deaf individuals often find themselves without a voice to assert their rights,” Rozynski and Baum added. “Deaf individuals have rights, and they do not have to tolerate discrimination and injustices of any kind.”

Williams and her husband, Chris Williams, both of whom are deaf, are landlords of a building in Staten Island. On Sept. 11, 2011, when the couple were trying to evict tenants who hadn’t paid rent, the boyfriend of one of the tenants allegedly gestured that he had a gun.

Chris then called for police using a video relay service — which the couple later argued should’ve signified to police that they would need a sign language translator. But when officers arrived on the scene there was no translator, and it was only the tenant and the boyfriend, both of whom can hear, who could communicate their side of the story.

Some deaf tenants in the building later testified that the officers rejected their offers to translate for Williams, who cannot hear, speak English or read lips. Instead, Williams was arrested for allegedly getting into a fight with one of the tenants.

Panicked, Williams attempted to scrawl “HOSPITAL” in the dust on the window of the police cruiser, according to The New York Daily News. She made it to “HOSP.”

Williams was detained for 24 hours, during which a translator was never provided. She was released without charge.

“It is a sad reality that Deaf individuals continue to experience blatant discrimination on a routine basis.”

In 2012, Williams filed the federal lawsuit against the city of New York alleging that she had not only been wrongfully arrested, but that NYPD officers had ignored police guidelines for how to deal with the deaf, and in doing so violated the Americans With Disabilities Act.

Earlier this year, lawyers for the city argued that an arrest was neither a “service, program, or activity,” and therefore did not fall under the Americans with Disabilities Act, according to Courthouse News.

But U.S. District Judge Valerie Caproni found the city’s argument woefully unpersuasive.

“New York City takes the extraordinary position that, even though the Americans with Disabilities Act has been the law of the land for 25 years, it has no obligation to provide any accommodation to the hearing-impaired at the time of an arrest, even if doing so could easily be accomplished without endangering the officers or the public safety and without interfering in the lawful execution of the officers’ duties,” she wrote in an August decision, allowing the lawsuit to proceed to trial.

Reached for comment Wednesday, a spokesman for the New York City Law Department said only that “settling this case was in the city’s best interest.”

Advocacy group Helping Educate to Advance the Rights of the Deaf. (HEARD), has documented at least 40 stories of police brutality against deaf Americans in recent years.

“These stories highlight the woeful lack of training about — and awareness of — Deaf culture and communication within police departments across the nation,” HEARD founder Talila Lewis wrote in a 2014 blog post for the American Civil Liberties Union. “They illustrate the urgent need for systemic change.”

“Perhaps as alarming as the frequency and severity of these assaults, is the infrequency and leniency of formal charges against the officers responsible,” Lewis continued. “Deaf survivors of police brutality and family members of deaf homicide victims tend to prevail in lawsuits against police, costing taxpayers dearly, but officers are rarely formally charged or dismissed for their actions.”

Last year, actress Marlee Matlin, who is deaf and is married to a police officer, made a video to help inform deaf people of their rights when interacting with police.

Williams’ lawyers, in their statement Tuesday, said “it is a sad reality that Deaf individuals continue to experience blatant discrimination on a routine basis.”

“Ms. Williams hopes that the settlement will send a message to all law enforcement agencies across the country that they should adopt proper policies and procedures to ensure full communication access for Deaf individuals,” they said.

From the American Family Physician Website–information on the dangerous use of psych drugs as chemical restraints in nursing homes.

Appropriate Use of Psychotropic Drugs in Nursing Homes

Am Fam Physician. 2000 Mar 1;61(5):1437-1446.

The Omnibus Budget Reconciliation Act (OBRA) of 1987 limited the use of psychotropic medications in residents of long-term care facilities. Updates of OBRA guidelines have liberalized some dosing restrictions, but documentation of necessity and periodic trials of medication withdrawal are still emphasized. Antidepressant drugs are typically underutilized in nursing homes. Tricyclic antidepressants have many side effects and thus are not preferred medications in elderly patients. Anxiety and insomnia are common problems in the institutionalized elderly. If behavioral measures are not successful, antidepressant medications with shorter half-lives may avoid drug accumulation, which can lead to excessive sedation, cognitive impairment and an increased risk for falls. In the elderly, antipsychotic medications can cause serious side effects, such as extrapyramidal symptoms and tardive dyskinesia. Newer antipsychotic drugs are less often associated with these side effects, but they should be used only for specific diagnoses and when behavioral and environmental measures are unsuccessful.

Improving the quality of care for nursing home residents has been a major concern for years. Recently, attention has focused on maximizing the appropriate use of psychotropic medications to manage agitation and other behavioral problems associated with dementia.

Mental disorders are present in a large percentage of the nursing home population. Antipsychotics, benzodiazepines and antidepressants are among the medications most commonly used to manage problem behaviors.1 Historically, antipsychotics and benzodiazepines have been used excessively (and without appropriate diagnosis or monitoring for side effects) in nursing home residents, often solely for the convenience of staff. Studies have found that most residents of long-term care facilities receive at least one psychotropic medication. Meanwhile, antidepressants have been underutilized because depression is often overlooked as a cause of behavioral disturbances in this population.2

The misuse of psychotropic drugs exposes patients to medication side effects and can lead to deterioration of medical and cognitive status. To combat this problem, the federal government passed nursing home reform legislation, the Omnibus Budget Reconciliation Act (OBRA) of 1987.3This legislation is directed at protecting residents of long-term care facilities from medically unnecessary “physical or chemical restraints imposed for purposes of discipline or convenience.”3

The Health Care Financing Administration (HCFA), an agency responsible for regulating nursing homes participating in the Medicare and Medicaid programs, developed interpretive guidelines for fulfilling OBRA requirements.4 These guidelines were implemented nationally in 1990 and remain in force5 (Figure 1).4 Updated guidelines were implemented in July 1999.6

View/Print Figure

HCFA Guidelines

FIGURE 1.

Summary of the Health Care Financing Administration (HCFA) guidelines.

Information from Health Care Financing Administration. Survey procedures and interpretive guidelines for skilled nursing facilities and intermediate care facilities. Baltimore: U.S. Dept. of Health and Human Services, 1990.

Summary of OBRA Interpretive Guidelines

All psychotropic drugs (antidepressants, anxiolytics, sedative-hypnotics and antipsychotics) are subject to the “unnecessary drug” regulation of OBRA. According to the HCFA guidelines,4“residents must be free of unnecessary drugs,” which are defined as those that are duplicative, excessive in dose or duration, or used in the presence of adverse effects or without adequate monitoring or indication. The remaining regulations apply to anxiolytic, sedative-hypnotic and antipsychotic drugs only.

Medical, environmental and psychosocial causes of behavioral problems must be ruled out, and nonpharmacologic management must be attempted before psychotropic drugs are prescribed to nursing home residents. Because treatment with psychotropic medications is indicated only to maintain or improve functional status, diagnoses and specific target symptoms or behaviors must be documented, and the effectiveness of drug therapy must be monitored. Specific dosage limits must be observed, and periodic dosage reductions or drug discontinuations must be undertaken. Side effects (of antipsychotics, in particular) must be monitored. Barbiturates and certain other older tranquilizers may not be prescribed unless they were being used successfully before a patient was admitted to a long-term care facility (Table 1).4 Phenobarbital can be used solely to control seizures.

View/Print Table

TABLE 1.

Drugs Not to Be Used in Nursing Homes*

Barbiturates

Amobarbital (Amytal)

Amobarbital-secobarbital (Tuinal)

Aspirin-butalbital-caffeine (Fiorinal)

Butabarbital (Butisol)

Pentobarbital (Nembutal)

Secobarbital (Seconal)

Other tranquilizers

Ethclorvynol (Placidyl)

Glutethimide (Doriden)

Meprobamate (Miltown)


*—In accordance with regulations relating to the Omnibus Budget Reconciliation Act of 1987, drugs listed in this table are not to be used unless started before admission to a nursing home, given as a single dose for a medical or dental procedure or used for the treatment of seizures (phenobarbital).

Information from Health Care Financing Administration. Survey procedures and interpretive guidelines for skilled nursing facilities and intermediate care facilities. Baltimore: U.S. Dept. of Health and Human Services, 1990.

OBRA restricts the use of antipsychotic drugs only in patients with dementia. None of the OBRA dosage restrictions or monitoring requirements apply in patients with psychotic disorders (e.g., schizophrenia).

Each nursing home is surveyed annually. Because facilities that do not meet HCFA’s legislated requirements may be denied Medicare reimbursement,7 physicians who prescribe medications for nursing home residents must document the medical necessity of noncompliance with regulations (e.g., drug prescriptions in excess of OBRA-mandated dosages). As a resource for physicians and facilities, a local consultant pharmacist reviews all charts monthly and assists with compliance.

According to the OBRA strategy, the long-term care facility, rather than the prescribing physician, is accountable for monitoring drug use.8 Some consider that this approach better reflects the realities of nursing home practice, in that the prescribing physician only visits the facility occasionally.8 Regardless of where final responsibility lies, physicians need to be aware of the HCFA interpretive guidelines for the fulfillment of OBRA requirements.

The updated HCFA regulations change some antipsychotic dosing restrictions.6  Medications considered potentially hazardous to the elderly are listed in Tables 2 and 3.9

View/Print Table

TABLE 2.

Drugs with a High Potential for Severe Outcomes in the Elderly

DRUGS COMMENTS

Psychotropics

Amitriptyline (Elavil)

Strongly anticholinergic and sedating

Barbiturates

More side effects than most sedative-hypnotic drugs; should not be used except to control seizures (phenobarbital)

Long-acting benzodiazepines

Long half-life and, hence, prolonged sedation; associated with an increased incidence of falls and fractures

Doxepin (Sinequan)

Strongly anticholinergic and sedating

Meprobamate (Miltown)

Highly addictive and sedating

Analgesics

Meperidine (Demerol)

Not effective when administered orally; metabolite has anticholinergic profile

Pentazocine (Talwin)

Confusion and hallucinations more common than with other narcotics

Miscellaneous

Antispasmodic agents (gastrointestinal)

Highly anticholinergic with associated toxic effects

Chlorpropamide (Diabinase)

Serious hypoglycemia possible because of the drug’s prolonged half-life

Digoxin (Lanoxin)

Decreased renal clearance; doses should rarely exceed 0.125 mg except when treating arrhythmias

Methyldopa (Aldomet)

Causes bradycardia and exacerbates depression

Ticlopidine (Ticlid)

More toxic than aspirin


Information from Beers M. Explicit criteria for determining potentially inappropriate medication use by the elderly. An update. Arch Intern Med 1997;157:1531–6.

View/Print Table

TABLE 3.

Drugs with a High Potential for Less Severe Outcomes in the Elderly

DRUGS COMMENTS

Analgesics

Indomethacin (Indocin)

More central nervous system side effects than any other nonsteroidal anti-inflammatory drug

Propoxyphene (Darvon)

Few advantages over acetaminophen and has narcotic side effects

Antihypertensives

Beta blockers

Can cause problems in patients with asthma or chronic obstructive pulmonary disease; may precipitate syncope because of negative inotropic and chronotropic effects

Reserpine*

Can cause depression, sedation and orthostatic hypotension

Miscellaneous

Antihistamines†

Highly anticholinergic

Cyclandelate (Cyclospasmol)

Generally ineffective for dementia or any other condition

Dipyridamole (Persantine)

Frequently causes orthostatic hypotension; of benefit only in patients with artificial heart valves

Ergoloid mesylates (Hydergine)

Generally ineffective for dementia or any other condition

Muscle relaxants

Increased cholinergic activity, sedation and weakness

Trimethobenzamide (Tigan)

Least effective antiemetic and can cause extrapyramidal symptoms


*—Reserpine is available alone (in generic form) and is also found in combination drugs such as reserpine-trichlormethiazide (Metatensin).

†—Over-the-counter and prescription first-generation antihistamines.

Information from Beers M. Explicit criteria for determining potentially inappropriate medication use by the elderly. An update. Arch Intern Med 1997;157:1531–6.

Impact of OBRA on the Prescribing of Psychotropic Drugs

Several multiyear, multifacility reviews have examined the impact of OBRA regulations on the prescribing of psychotropic drugs in nursing homes.2,7,8,10,11 Researchers confirm an encouraging trend toward increased awareness of the indications for neuroleptic drugs and the side effects of these medications.2

Since OBRA was enacted, overall use of antipsychotic drugs in nursing home residents has declined by nearly one third,10 and prescriptions for antidepressants have increased8 (by almost 85 percent in one study10). Furthermore, selective serotonin reuptake inhibitors (SSRIs), nortriptyline (Pamelor) and trazodone (Desyrel) are being prescribed significantly more often, and amitriptyline (Elavil) and doxepin (Sinequan) are being used less often.8

The prescribing patterns for anxiolytic and sedative-hypnotic drugs are less consistent. One large study documented a 12 percent increase in prescriptions for anxiolytics but found decreases in the prescribing of particular agents, such as diazepam (Valium) and diphenhydramine (Benadryl).8 Two studies2,7 unequivocally cited the implementation of OBRA regulations, rather than other educational and consultative interventions, as being responsible for decreased use of neuroleptic drugs and lower dosages of these agents when they are used.

A recent review11 found that specific guidelines (on appropriate diagnosis, target symptom documentation and reasonable dosage level) were widely followed, with compliance rates ranging from 70 to 90 percent. Less specific guidelines (on attempts to use nonpharmacologic interventions and the monitoring of drug efficacy and safety) were less well followed, with compliance rates below 55 percent.

Recommendations for the Clinical Use of Psychotropic Drugs

Prescribed judiciously, psychotropic drugs can enhance the physical and psychologic well-being of the elderly. However, altered drug disposition makes this age group particularly sensitive to undesirable side effects, which can lead to a decline in medical and functional status or the use of additional prescriptions and an increased risk of drug interactions. Psychotropic medications, including side effects and recommendations on use in the elderly, are briefly reviewed in the following sections.

ANTIDEPRESSANT DRUGS

OBRA requirements for the prescribing of antidepressant drugs are limited. The legislation mandates only documentation of an appropriate diagnosis, use of a reasonable dosage (Table 4), clinically acceptable duration of use and monitoring for common adverse reactions.

View/Print Table

TABLE 4.

Antidepressant Drugs and Dosages Preferred for Use in the Elderly

DRUGS GERIATRIC DOSAGE (MG PER DAY) SIDE EFFECTS
STARTING DOSAGE MAINTENANCE DOSAGE SEDATION AGITATION ANTICHOLINERGIC EFFECTS ORTHOSTATIC HYPOTENSION

Tricyclic antidepressants

Desipramine (Norpramin)

25

50 to 150

Low

Low

Low

Low

Nortriptyline (Pamelor)

10 to 25

40 to 75

Moderate

Low

Low

Selective serotonin reuptake inhibitors

Citalopram (Celexa)

20

20 to 40

Low

Low

Fluvoxamine (Luvox)

50

50 to 200

Low

Low

Paroxetine (Paxil)

10

20 to 30

Low

Low

Sertraline (Zoloft)

25 to 50

50 to 150

Low

Low

Miscellaneous

Bupropion (Wellbutrin)

100

100 to 400

Moderate

Low

Nefazodone (Serzone)

100

100 to 600

Moderate

Low

Low

Trazodone (Desyrel)

25 to 50

50 to 300

High

Low

Moderate

Venlafaxine (Effexor)

75

75 to 350

Low

Low

Low

Low


— = Very low or insignificant effects.

Nevertheless, choosing antidepressants with suitable side effect profiles is important in geriatric patients. The older tricyclic antidepressants, although highly effective, have side effects to which the elderly are especially sensitive. Of particular concern are excessive sedation, anticholinergic effects (dry mouth, constipation, urinary retention, blurred near vision, tachycardia and confusion), orthostatic hypotension and electrocardiographic changes. In elderly patients, it is better to use tricyclic antidepressants that cause less severe anticholinergic effects and orthostatic hypotension, such as nortriptyline and desipramine (Norpramin).

Subtle differences among SSRIs should also be considered. The half-lives reported for fluoxetine (Prozac) and its active metabolite are long (84 and 146 hours, respectively).12 Because of fluoxetine’s long half-life and the persistence of side effects (sometimes for weeks after discontinuation), this drug is generally not recommended for use in elderly patients. Sertraline (Zoloft) and its metabolite have considerably shorter half-lives (25 and 66 hours, respectively). Paroxetine (Paxil), which has no active metabolite, also has a considerably shorter half-life (24 hours) than fluoxetine.12,13

Most SSRIs are associated with significant drug interactions. Fluoxetine, paroxetine and, to a lesser extent, sertraline inhibit the metabolism of warfarin (Coumadin), cisapride (Propulsid), benzodiazepines, quinidine, tricyclic antidepressants, theophylline and some statins.12 In patients at risk for these interactions, citalopram (Celexa), a new SSRI now available in the United States, may offer an advantage. Studies have shown that compared with other SSRIs, citalopram has less of an inhibitory effect on the cytochrome P450 system.14 Citalopram is as effective as fluoxetine and sertraline in the treatment of depression.14

Trazodone and nefazodone (Serzone) are also recommended for use in the elderly. Both of these drugs are fairly sedating (trazodone more so than nefazodone) and therefore are useful in elderly patients with depression and agitation or insomnia. Because trazodone is associated with significant orthostatic hypotension, nighttime dosing may be preferable. If trazodone causes excessive sedation or postural hypotension, nefazodone is an alternative. However, nefazodone inhibits the cytochrome P450 3A4 pathway, and it may exhibit dangerous interactions with cisapride.12

Venlafaxine (Effexor) and bupropion (Wellbutrin) are effective, well-tolerated antidepressants that lack significant anticholinergic side effects. Because bupropion is structurally related to stimulants, bedtime administration should be avoided. Bupropion in dosages above 400 mg per day is associated with seizures.12 In dosages exceeding 200 mg per day, venlafaxine causes increased blood pressure in 3 to 13 percent of patients.12 Therefore, higher dosages of these drugs are not recommended.

The tetracyclic drug mirtazapine (Remeron) is another newer antidepressant. This drug is a weak blocker of alpha-adrenergic and muscarinic receptors. Because of these actions, mirtazapine can cause orthostatic hypotension and anticholinergic effects; however, these side effects are less severe than those occurring with tricyclic antidepressants. Somnolence has been reported by more than 50 percent of patients treated with mirtazapine.15 Research on the use of this drug in geriatric patients has been limited.12,15

Most antidepressants have a long enough half-life in the elderly that they may be given as a single dose in the morning or evening, depending on the sedative or activating properties of the particular drug. Dosages need to be titrated carefully: the more gradual the titration, the lower the likelihood of side effects.

Typical antidepressant dosage ranges are one half of those used in younger patients. Occasionally, however, a full dosage is needed to yield a therapeutic effect.

ANXIOLYTIC AND SEDATIVE-HYPNOTIC DRUGS

Benzodiazepines are indicated for the short-term management of anxiety and insomnia, but nonpharmacologic measures should be tried first. Emphasizing good sleep habits is a first step and should include decreasing afternoon caffeine intake, exercising regularly before dinner, avoiding naps, establishing regular sleep hours, treating nighttime pain, addressing nocturia and maintaining a comfortable bedroom environment (temperature, noise level, lighting, etc.).

When benzodiazepine therapy becomes necessary for older patients, it is preferable to use short-acting agents. Elderly patients can better tolerate temazepam (Restoril) and lorazepam (Ativan), which have relatively short half-lives (three to 18 hours and 10 to 16 hours, respectively) and relatively short durations of action.16,17 Long-acting benzodiazepines, which have half-lives that may exceed 100 hours, carry higher risks for elderly patients. Indeed, the continuous administration of a long-acting benzodiazepine can lead to profound confusion, cognitive impairment and falls. For this reason, OBRA guidelines permit the use of long-acting benzodiazepines in residents of long-term care facilities only if a trial of short-acting benzodiazepines fails.

Side effects of all benzodiazepines include excessive sedation, psychomotor slowing, cognitive impairment, confusion, forgetfulness, morning “hangover” effect, ataxia and falls. Occasionally, dysphoria, irritability and agitation develop in elderly patients treated with these drugs.16

Zolpidem (Ambien) is a newer medication with some advantages as a short-term sleep aid for the elderly. Compared with benzodiazepines, zolpidem appears to carry less risk for the development of tolerance, withdrawal phenomenon or rapid-eye-movement rebound. Side effects of zolpidem include drowsiness, dizziness, headache and gastrointestinal upset.17

OBRA regulations permit the use of antihistamines such as diphenhydramine and hydroxyzine (Atarax, Vistaril) for the management of anxiety and insomnia in elderly patients. However, even in low dosages, these drugs are associated with impairment of daytime functioning.17 Furthermore, the anticholinergic effects of antihistamines (delirium, confusion, disorientation, etc.) may exacerbate problem behaviors.17

Sedating antidepressants in low dosages are often used to treat insomnia. Nortriptyline (in a dosage of 10 to 25 mg per day) and particularly trazodone (in a dosage of 25 to 150 mg per day), which exhibits no anticholinergic effects, are well suited for use in geriatric patients.17

OBRA-specified dosages of commonly used anxiolytic and sedative-hypnotic drugs are listed in Table 5.

View/Print Table

TABLE 5.

Anxiolytic and Sedative-Hypnotic Drugs Commonly Used in the Elderly

DRUGS GERIATRIC DOSAGE (MG PER DAY)*
ANXIETY INSOMNIA ONSET OF ACTION

Short-acting agents

Benzodiazepines

Alprazolam (Xanax)

0.75

0.25

Intermediate

Estazolam (Prosom)

0.5

0.5

Fast

Lorazepam (Ativan)

2

1

Intermediate

Oxazepam (Serax)

30

15

Slow

Temazepam (Restoril)

15

Intermediate

Triazolam (Halcion)

0.125

Fast

Antihistamines

Diphenhydramine (Benadryl)

50

25

Fast

Hydroxyzine (Atarax)

50

50

Fast

Miscellaneous

Zolpidem (Ambien)

5

Fast

Long-acting agents

Benzodiazepines

Chlordiazepoxide (Librium)

20

20

Intermediate

Clonazepam (Klonopin)

1.5

1.5

Intermediate

Clorazepate (Tranxene)

15

15

Fast

Diazepam (Valium)

5

5

Very fast

Flurazepam (Dalmane)

15

15

Very fast

Halazepam (Paxipam)

40

20

Slow

Prazepam (Centrax)

15

15

Slow

Quazepam (Doral)

7.5

7.5

Intermediate


— = Not indicated.

*—The dosages given in this table are as established by the Health Care Financing Administration guidelines for fulfilling the requirements of the Omnibus Budget Reconciliation Act (OBRA) of 1987. They are not the maximum dosages. When the OBRA-specified dosage of a drug is exceeded, documentation of necessity is required.

ANTIPSYCHOTIC DRUGS

Because of their many deleterious side effects, antipsychotics should be used only as a last resort in the management of behavioral problems in the elderly (Table 6). The efficacy of these drugs for most problem behaviors is debatable. In several studies,5,8 antipsychotics have been no more effective than placebo. Some investigators believe that antipsychotic drugs should be used only for the management of psychotic features that cause patients “serious distress.”7

View/Print Table

TABLE 6.

Antipsychotic Drugs Commonly Used in the Elderly

DRUGS GERIATRIC DOSAGE (MG PER DAY)* SIDE EFFECTS
SEDATION EXTRAPYRAMIDAL EFFECTS ANTICHOLINERGIC EFFECTS ORTHOSTATIC HYPOTENSION TARDIVE DYSKINESIA

Phenothiazines

Chlorpromazine (Thorazine)

75

High

Moderate

Moderate

High

Yes

Fluphenazine (Prolixin)

4

Low

High

Low

Low

Yes

Mesoridazine (Serentil)

25

High

Low

High

Moderate

Yes

Prochlorperazine (Compazine)

10

Moderate

High

Low

Low

Yes

Promazine (Sparine)

150

Moderate

Moderate

High

Moderate

Yes

Trifluoperazine (Stelazine)

8

Low

High

Low

Low

Yes

Triflupromazine (Vesprin)

20

High

Moderate

High

Moderate

Yes

Thioridazine (Mellaril)

75

High

Low

High

High

Yes

Thioxanthene

Thiothixine (Navane)

7

Low

High

Low

Moderate

Yes

Butyrophenone

Haloperidol (Haldol)

4

Low

Very high

Low

Low

Yes

Dibenzoxazepine

Loxapine (Loxitane)

10

Low

Moderate

Low

Low

Yes

Dihydroindolone

Molindone (Moban)

10

Moderate

Moderate

Low

Low

Yes

Atypical antipsychotics

Clozapine (Clozaril)

50

High

Low

High

Moderate

Low

Olanzapine (Zyprexa)

10

Moderate to high

Low

Moderate to high

Moderate

Low

Quetiapine (Seroquel)

200

Moderate

Low

High

Moderate

Low

Risperidone (Risperdal)

2

Low

Low

Low

Low

Low


*—The dosages given in this table are as established by the Health Care Financing Administration guidelines for fulfilling the requirements of the Omnibus Budget Reconciliation Act (OBRA) of 1987. They are not the maximum dosages. When the OBRA-specified dosage of a drug is exceeded, documentation of necessity is required.

Common side effects of antipsychotics include sedation, anticholinergic effects, orthostatic hypotension, extrapyramidal symptoms and tardive dyskinesia. Extrapyramidal symptoms include dystonic reactions, pseudoparkinsonism and akathisia. All extrapyramidal symptoms are reversible on discontinuation of antipsychotic drugs.

Dystonic reactions are acute spasms of muscle groups and can result in a fixed upward gaze, neck twisting, facial muscle spasms causing grimacing, a clenched jaw and difficulty with speech. Often painful, dystonic reactions can be quite frightening to patients. These reactions typically occur soon after an antipsychotic drug is initiated.

Pseudoparkinsonism presents with classic parkinsonian symptoms such as rigidity, slowed movements, shuffling gait, slow, monotonous speech and pill-rolling tremor. The symptoms develop over a few weeks of antipsychotic drug therapy.

Akathisia is a form of agitation. Symptoms include inability to sit still, pacing, restlessness, foot tapping, and rocking and shifting of weight while standing. It can be difficult to distinguish akathisia from the agitation that is often present in patients with dementia. Akathisia generally appears days after the initiation of an antipsychotic medication.

Although often considered an extrapyramidal symptom, tardive dyskinesia is a separate, mechanistically distinct phenomenon. It is a long-term side effect that may persist after an antipsychotic drug is discontinued. Typical symptoms are rhythmic involuntary movements of the tongue, lips or jaw, such as protrusion of the tongue or puckering of the lips. Irregular involuntary movements of the extremities or spine are also possible. All traditional antipsychotics may cause tardive dyskinesia.

Older neuroleptic drugs are classified as high, moderate or low potency. Antipsychotic drugs with higher potency have a greater affinity for dopamine receptors and tend to cause more extrapyramidal symptoms. Antipsychotics with lower potency have a greater affinity for histaminic, alpha-adrenergic and muscarinic receptors. These drugs are more likely to cause increased sedation, orthostatic hypotension and anticholinergic effects. Elderly patients are sensitive to all these side effects.

Mounting evidence indicates that newer antipsychotics given in low dosages are much less likely to cause extrapyramidal symptoms.18 These drugs, which include clozapine (Clozaril), olanzapine (Zyprexa), quetiapine (Seroquel) and risperidone (Risperdal), have a greater affinity for dopamine-D2 receptors and are potent antagonists of the serotonin receptor.

Clozapine, olanzapine and, to a lesser extent, quetiapine may cause sedation, anticholinergic effects and orthostatic hypotension. Quetiapine has not been studied in the elderly.18 How this drug compares with other newer antipsychotics remains to be established.19 Risperidone is well tolerated,18 and several studies have demonstrated its efficacy in the management of psychotic and aggressive symptoms in patients with dementia.18,20 Risperidone, in dosages of 0.5 to 1.0 mg per day, has successfully alleviated behavioral disturbances in patients with Alzheimer’s disease.21,22 Clozapine is somewhat more difficult to use because of its association with agranulocytosis and the need for periodic monitoring of complete blood counts.

Final Comment

Psychotropic medications are sometimes required to maximize quality of life and functional status in nursing home residents. In tailoring pharmacologic regimens for these patients, physicians need to give careful attention to accurate diagnosis, appropriate dosing, side effects, drug interactions and pertinent drug pharmacokinetics. An ongoing evaluation of effectiveness requires reassessment at regular intervals to rethink medication regimens in light of changes in the health status of geriatric patients.

The Authors

show all author info

TATYANA GURVICH, PHARM.D., is a clinical pharmacologist in the family practice residency program at Glendale (Calif.) Adventist Medical Center. She received her doctor of pharmacy degree from the University of Southern California School of Pharmacy, Los Angeles, where she also completed a residency in geriatric pharmacology.

REFERENCES

show all references

1. Christensen DB, Benfield WR. Alprazolam as an alternative to low-dose haloperidol in older, cognitively impaired nursing facility patients. J Am Geriatr Soc. 1998;46:620–5.

Richard W. Sloan, M.D., R.PH., coordinator of this series, is chairman and residency program director of the Department of Family Medicine at York (Pa.) Hospital and clinical associate professor in family and community medicine at the Milton S. Hershey Medical Center, Pennsylvania State University, Hershey, Pa.

From Katherine Hine–Warning, the US govt is trying to legalize forced psych drugging!

https://www.madinamerica.com/2016/11/warning-psychiatric-tsunami-upon-u-s/

Warning: A Psychiatric tsuNAMI is Upon U.S.

Well, our government is at it again.

(However, one correction — HR 34 has already passed, it’s the “21st Century Cures” amendment to HR 34 we need to oppose.)

text of bill can be found here:

Click to access CPRT-114-HPRT-RU00-SAHR34.pdf

It is not clear if this is the last stop, or where in the process we even are, but as best I can tell: happening any moment, Congressman Tim Murphy (R, Pennsylvania) will be making another speech at another hearing about the Helping Families in Mental Health Crisis Act (H.R. 2646) which is now part of a new bill, H.R. 34.

H.R. 2646 was the controversial legislative package that did everything from increasing and sanctioning state-sponsored forced and court-ordered psychiatry to the re-organization of SAMHSA. There was not a group that went unscathed: babies, pregnant and lactating women, children, teens, adults, and veterans. The mixing of drug experimentation, programming, payments, delivery, tracking systems, prison systems, psychiatric systems, medical systems, educational systems—everything accounted for in 996 pages.

This new bill, introduced on the day after Thanksgiving, November 25, 2016 is part of a pattern of the government trying to slip controversial psychiatric policy through when no one is thought to be watching. We recently saw this with the FDA’s shock treatment regulation for comment being released days before the new year and due the day after a celebrated holiday.

This bill, H.R. 34, the Tsunami Warning, Education, and Research Act of 2015 [21st Century Cures Act] is the subject of a hearing at the Capitol, in H-313, tonight on Tuesday, November 29, 2016 at 5:00 PM. Among the most problematic issues this bill presents are multiple provisions for forced psychiatry not limited to IOC/AOT, ACT Teams, and Prison Psychiatry.

H.R. 34 also includes: SAMHSA reorganization, condoning of HIPPAA violations, electronic health records, a study of peer support specialists for future controls of the field, multiple attacks on young people and veterans, and a host of other potential human rights violations. Psychiatry is a fraud and this bill perpetuates it.

Tell your legislators to VOTE NO on H.R. 34!

Demand that your legislators stop sneaking controversial, damaging bills into other bills at the last minute. What is being called a “simple parliamentary procedure” seems rather shady to me. The legislature has not been able to pass some version of Murphy’s bill for years, and now they are going to try to sneak it in merged with the 21st Century Cures Act under the title Education, Research and Tsunami Warning Act of 2015. These actions further problematize our legislative processes.

It is urgent that people realize that no child will grow up without psychiatric evaluation. All people will become, in a generation or two, acclimated to being psychiatrized; psychiatry and its arms of drugs and institutions will become even more standard in our society.

At the very moment that people are becoming more vocal about the need for equality, eliminating racism and racist practices and systems, calling out sexism, homophobia, transphobia, xenophobia, and other forms of structural oppression, and addressing the outright fraud and other structural problems of psychiatry and its subdivisions, the government will solidify psychiatric practice in our society. This includes a great expansion of psychiatric reach into the prison industry and court systems.

Do not be fooled, this is a one way path that will allow the new administration the type of reach they want to keep us contained as they break down the existing structure, creating greater disparities, and further subjecting us, as a people who are already often oppressed, into further social control and subjugation to psychiatry.

Follow up with your legislators, and all legislators you can. Inform them about the dangers of psychiatry. Inform them about the dangers of this bill. Tell them that a bill that has been combined with multiple other bills totaling 996 pages (and involving who knows how many billions of dollars in taxpayer resources)—a bill that was introduced 3 business days prior to its hearing and 4 days prior to its assumed vote, under the name of a bill that has already passed, but has been deleted and replaced by this mess that has not been able to pass on its own for years—is not acceptable.

I am sure analyses of what the bill entails need to be made and many are working on making them. For now, take action. Call your elected officials today, tonight, tomorrow, and continue to do so to make your voice heard. The pro-psychiatry, pro-forced psychiatric treatment advocates are launching campaigns against us. We need to speak out, once again, for ourselves. No one else will. Make your calls now.

Find your Representatives in Congress

Find your Senators

H.R. 34 Bill Text

H.R. 34 Hearing Information

Those who want to take a closer look at this bill, please read on:

Even a cursory glance at the Table of Contents and the twenty-five titles it encompasses makes one have to take a deep breath to get the scope of how this bill can fundamentally transform our society—and not for the better.

Division A – 21st Century Cures starts off with Title I, NIH Innovation Projects and State Responses to Opioid Abuse. Title II includes Innovation Projects and includes privacy protections for human research subjects—a section called “High Risk, High Reward Research” is included here, as is the development of a “Taskforce specific to pregnant and lactating women.” These need to be read carefully.

Title III is Development and includes provisions such as patient-focused drug development, advancing new drug therapies, and a host of other sections designed for research on physical health.

Title V addresses Savings and this looks at issues of Medicare and Medicaid, and affects the Affordable Care Act.

Section VI looks at Leadership and Accountability and this is where the re-organization of SAMHSA is laid out and the provisions for the establishment of the “Interdepartmental Serious Mental Illness Coordinating Committee” can be found.

Title VII is designed for “Ensuring mental and substance use disorders prevention, treatment, and recovery programs keep pace with science and technology” and has both regional and national goals.

Title VIII is for “Supporting state prevention activities and responses to mental health and substance use disorder needs” that work on block grants.

Title IX is for “Promoting access to mental health and substance use disorder care” and these include grants for “treatment and recovery for homeless individuals”; “jail diversion programs”; “promoting integration of primary and behavioral health care”; “National Suicide Prevention Line” and other types of programs that track and turn in people to the system, acting as a pipeline to psychiatry. Section 9014 is “Assisted outpatient treatment” and Section 9015 is the Assertive Community Treatment grant program. It is important for people to specifically speak out against Sections 9014 and 9015 as inherently problematic for protecting human rights.

Subtitle B of Title IX is focused on “Strengthening the Health Care Workforce” and this includes education and training programs. Subtitle C targets college campuses.

Title X is for “Strengthening mental and substance use disorder care for children and adolescents” and increases pediatric access, programming, treatment, and interventions for young people, “screening and treatment for maternal depression” and Section 10006 is particularly worrisome, “Infant and early childhood mental health promotion, intervention, and treatment.”

Title XI is the loss of privacy rights under HIPAA (you may recall issues around Matsui’s billthat was basically incorporated into the structure).

Title XII further strengthens “Mental Health Parity” which works on the premise that psychiatry is as legitimate a science as physical health medicine, and perpetuates the fraud of the pharmaceutical and psychiatric industries, ensuring also that training, education, information and awareness of eating disorders are covered under these processes.

Title XIII is for “Mental Health and Safe Communities” Subtitle A includes the expansion and over reach of Law Enforcement and Psychiatry working hand in hand through Involuntary Outpatient Commitment (torture) “Assisted Outpatient Commitment” (as a second section in this same bill, here Section 14002. Title XIII also includes “Federal drug and mental health courts”; “mental health in the judicial system”; “Forensic Assertive Community Treatment Initiatives”; “mental health training for Federal uniformed services”; “school mental health intervention teams”; “Active-shooter training for law enforcement”; “Improving Department of Justice data collection on mental illness involved in crime”; and “Reports on the number of mentally ill offenders in prison”, further attempting to discriminate against people with psychiatric histories. In this section, the limited patients’ rights for the Department of Veterans Affairs are noted, and this of course is and continues to be a concern; for example, we know veterans and their fetuses are being subjected to shock treatment.

Subtitle B focuses on “Comprehensive Justice and Mental Health” in prisons and jails, local and federal law enforcement training, and GAO reporting and needs to be looked at very carefully in the future.

Title XV addresses Medicare Part A and reimbursements. Title XVI, Medicare Part B and treatment/payments/ and Continuing Access to Hospitals Act of 2016; all of which need thorough review.

Title XVII includes other Medicare provisions and XVIII still other provisions around employer health reimbursement.

Division D is “Child and Family Services and Support” and includes Title XIX, “Investing in Prevention and Family Services”, restructuring prevention services, programs, and payments as they relate to foster care, and perhaps one of the few sensible things, Section 19032, “Development of a statewide plan to prevent child abuse and neglect fatalities.”

Title XXI looks also and securing support for foster families and children and Title XXII addresses “reauthorizing adoption and legal guardianship incentive programs.”

Title XXIII is for “Technical Corrections” for data and programming and “Technical corrections to State requirement to address the developmental needs of young children.”

Title XXIV is for “Ensuring states reinvest savings resulting from increase in adoption assistance” and like “Title XXV, Social Impact Partnerships to Pay for Results” and the extension of the TANF program and other types of social supports, this needs to be read and understood.