CONFIRMED BY ILL. SUPREME COURT– YOU ARE VIEWING THE MOST DANGEROUS BLOG IN ILLINOIS. This blog warranted a 3 year suspension by the ARDC/Jerome Larkin! Mottos: "Sunlight is the best disinfectant". Justice Louis Brandeis ; "If the truth can destroy something, then it deserves to be destroyed" Carl Sagan; "Justice is Truth in Action" Benjamin Disraeli. Illinois uses the ARDC to quash dissenting attorney activist blogs ; "The freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic Governments" — (1776-First Amendment preamble adopted by 8 US colonies)
Raffle tickets are $20 and will benefit the victims of crime in the courts and provide innocence project assistance to those of your who have experienced corruption in the courts (no jurisdiction, changed transcripts, judges obviously not following the law, summary orders to terminate POAs, Health Surrogate terminations, wrongful arrests, wrongful convictions and so many other unconstitutional and Fraud on the Court Proceedings.) We can find plenty of attorneys and others to help you in pro se pleadings and I will help you report these crimes to the authorities, but we need money to pay rent, Comcast, transcript fees, court fees (for judges that wrongfully deny pauper’s petitions as a way to keep people from appealing unconstitutional decisions). Our attorneys work many long hours for free for you. All we need to pay is overhead so we have a private place to meet and get you the assistance you need to fight corruption in Crook County, Illinois.
We specialize in upholding your constitutional rights.
We fight granny kidnapping, grandpa kidnapping, medical kidnap, custody given to abusers and psychopaths. Many of you are familiar with our work.
Our current raffle ends April 1, 2017 at which time $20 raffle tickets will pull a winner for $4,000 for a $20 ticket. The ticket sales end at $20,000 you you will have a 1 in 1000 chance to win $20,000 or a minimum of 20% of ticket sales at the time the raffle ends.
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The highlights of the article are: woman takes out $180,000 loan after paying off equity credit line. Home is worth $300,000. Woman falls behind in tax payments which trigger automatic foreclosure clause for failure to pay taxes.
Next thing you know she is in foreclosure court. But wait, there’s more. The loan has now, in 10 years, blossomed to a $300,000 balance. How did that happen?
I believe that once the foreclosure process has been started, even making the taxes current won’t stop the lender from foreclosing and taking the home. These scam type loans are a boon to scammers in suits with college and even law degrees. But they are no better than the drug dealer down the street, in need of quick cash, breaking into your home with a gun and taking all the silver, artwork, cash and other valuables. Some psychopaths steal with a gun, others with a pen.
What a lucrative way to do business!
The courts don’t seem to care and there are few regulations in place to allow elders and their families to get those tax payments current.
What a shame for this woman.
The real kicker? The company doing the scam Reverse Mortgages foreclosed on 40% of homes in the program eventually–and the person doing these foreclosures is now DT’s Secretary of the Treasury. But I’m sure no one is surprised. From the scamming private sector preying on the poor and elderly, there is now an open door into government, via the New World Order and the New Administration. We are now in full Republican mode.
I know that a lot of people have contacted me about their families being affected by the Sex Trafficking industry.
Today on Facebook, I found the following video submitted by several concerned members:
Apparently Demi Moore and Ashton Kutcher are cofounders of Thorn which builds software to track down and eliminate sex traffickers.
I found the address of their nonprofit, Thorn, NFP, which is
Thorn nonprofit public benefit corporation CALIFORNIA 544 4th Street Manhattan Beach CALIFORNIA 90266
If you need help with your case, this charity might help and I commend these two fine actors for becoming involved in this field, where there seems to be no help for these victims.
The key case for Absolute Judicial Immunity is Spark v Stumpman. But both Spark and Stumpman were Native Americans living on the reservation. The Court Stumpman was a judge for was a tribal court, not an Indiana state court. Most lawyers don’t have a clue that the nations have their own civil and criminal laws. There is some state and federal overlap in the area of criminal law. Those are the major crimes act, the minor crimes act, the assimilative crimes act and Public Law 280. There is no state or federal overlap in tribal civil law jurisdiction. Under 1 Stat 20 section 34 the federal courts are required to use the law of the state for all state law claims. The federal court in Indiana had to use Native American civil law in resolving that case,– not Indiana state law. Native Americans are Article IV subjects and that case has no business being used as authority in Article III jurisprudence.
That would be like using a civil rights case out of China as Article III authority.
As it has been stated on this blog before, judges do NOT have absolute judicial immunity. They have limited immunity for making decisions when briefs and motions are properly put before them. A judge must make certain that all defendants have been served by the sheriff or a licensed process server or in accordance with law before taking any courtroom action. Judges are responsible for basic due process: Notice, Properly filed Motion or Complaint, Discovery, a Jury Trial where permissible and properly requested by a litigant and a fair hearing.
While the US maligns other 3rd world countries regarding human rights abuses, we still have yet to fix our problems in our own backyard–and that is the serious problem with child brides.
If a girl is pregnant, with parental consent, a shocking 27 states have no law at which marriage is simply too young.
And a girl aged 17 or younger can be forced into a marriage she does not want, does not need and does not understand when she is young and has no real options to escape.
The US has to end child marriage NOW. Girls can no longer be forced into marrying men, often those much older than themselves. Many of these men will beat them, keep them at home without transportation, and the girl has no real escape options. Children often grow up with a violent, distant father figure and are emotionally, if not physically scared for life.
Read the statistics on how these girls rarely graduate from college, bear children while being just a child themselves and incapable of properly raising children.
Girls who want to escape can’t because shelters won’t let children stay without parental consent–the same parents who provided the consent to marry a child off. Juvenile records are often sealed to NGOs who would help them. Social services won’t intervene because the marriages are considered “lawful.” So a girl placed into an abusive marriage by abusive parents has no hope for escape, even if the man she is married off to is significantly older, does not support her and is emotionally and/or physically abusive toward her.
Indeed, it is good to hear from you. It is not good to be reminded thatIT IS UNSAFE TO GROW OLD IN AMERICA AND IN PARTICULAR COOK COUNTY, ILLINOIS. So far, the Ill. Atty. Registration and Discipline Commission, headed by Jerome Larkin, is giving favored attorneys a pass on perfidy in the court room. Why these attorneys are not investigated is completely unknown at this time, because all probate lawyers and many general practice lawyers know this is a serious problem, yet nothing is done by the authorities and the ARDC is used to cover up the problem.
Under Illinois law, and in particular 755 ILCS 5/11A – 3b the Illinois Legislature has made it clear that guardianship is not an invitation to exploit and abuse under corrupt court supervision convenient elderly people. A guardianship is very strictly limited to essentially helping a disabled person (such as a senior) to be able to enjoy the fruits of American citizenship. It is not a forfeiture of rights (as has been the case in Sykes, Gore, et al) and it is not an invitation for greedy individuals with clout to exploit or abuse elderly citizens.
Yes, I am aware that an elderly person in Illinois is treated as prey by so many of our corrupt judges and the Courts actually encourage exploitation for profit. Yes, I am aware that certain “care facilities’ openly and notoriously exploit the elderly and disabled openly, regularly and notoriously. Yes, I am aware that this is an open secret and most of our political and judicial elite deplore this situation in public and practice it in private. The Philip Esformes case (the theft of a billion dollars in Medicare funds) is an example. The immunity that is given to his Chicago cohorts is a stark example of the role of clout and corruption the permeates Illinois and the body politic. And yes, I am aware that here in Illinois Mr. Larkin and the Illinois Attorney Registration and Disciplinary Commission along with the Illinois Supreme Court Justices are hell bent in preventing any lawyer from exposing judicial corruption. Rule 8.3 in Illinois is meaningless and 18 USCA 4 protestations to law enforcement are fatal to a legal career. Thus, obtaining a lawyer is a chore – no lawyer who is not willing to risk his/her career and reputation will come within fifty feet of one of these cases. Mr. Larkin has demonstrated very clearly that he is willing to commit and suborn perjury and any other incidental crime to in violation of 18 USCA 371 to protect the exploitation, abuse, forfeiture of human rights, and retroactive abortion of senior citizens by dishonest judicial officials.
The question of what to do is interesting. The first step is to ascertain all the facts applicable to the case and find out what, if any, disabilitly the designated victim might possess. If the senior has no disabilities, such as Mary Sykes, the the mere application for guardianship suggests a real fraud is in the works. Prepare for a ‘wired judge.’ (NB. Judge Maureen Connors at page 91 of her evidence deposition admitted to being “fixed.”). If this is the issue that has to be dealt with you have to know that no matter what evidence is presented an adverse decision is forthcoming. You are going to have to haunt law enforcement until you can find someone who believes in America and the Rule of Law. The petitioner must prove the incompetence and its degree by clear and convincing evidence. As was noted in the Sykes case all Judge Connors needed with the attornment of her two guardian ad litem. No notice – no hearing required.
The second step after all the facts have been garnered is to attempt to find a courageous health care professional – such as a doctor – to be prepared to testify as to the health care status of anticipated victim. Fraud at this point in the process will be in the air. The Shrink in the Jaycox case, who was being paid by the nursing home operator, had no problem with an outright lie. (His lie was uncovered when he had Mr. Jayox sign the consents for an operation that were totally inconsistent with his(the shrink) report. An affidavit detailing the MD’s analysis should be obtained. As the Fraud is accompanied by intimidation in these cases take whatever you can get and garner all medical records. As part of the 2nd step a video recorded interview of the elderly victim to be should be obtained. There should be questions that make clear:
1) to the extent that the elderly person knows the objects of her bounty,
2) to the extent that the elderly persons knows the extent and nature of her estate.
3) questions the bear on the business accumen of the proposed victim – for instance – can she deposit her social security check in the local bank. Does she do her own shopping at the grocery store? Does she pay her own bills? *****
Photographs work very well to refute the nursing home people, the propoponent of the guardianship and the guardian ad litem. Expect that strong objection will be made to any photographs, expecially those that illustrate the elder cleansing. In the Sykes case, the miscreants fought hard to prevent any photographs or videos involving Mary to be viewed. Truth and decency are also victims in these cases.
The 3rd step is to put all the evidence together, and make certain that it is scanned and submitted to LAW ENFORCEMENT and in particular the Justice Department. As you can see I’ve forwarded your note to Law Enforcement. If the government is going to have a successful health care program it is going to have to eliminate most of the fraud that is not obtaining a favored position with the Political Establishment. It was no accident that Philip Esformes was able to steal a billion dollars from Medicare. Without the facilitation of criminals imbedded in Government and the judicary he would not have been so successful. Here in Illinois under the shepardship of Jerome Larkin and his IARDC we would have had another “Operation Greylord” and this time more judges would go to jail rather than be elevated to the Appellate Court of Illinois. NB. If an honest attorney can be garnered, I’d advise that the victims family seek his/her aid as soon as possible; however, based upon Amu’s 3 year suspension, Denison’s 3 year suspension and my 4 years suspension all for calling for an HONEST INVESTIGATION do not expect that any attorney with the skills to deal with the problem is going to accept the assignment. Larkin filed a document with the Supreme Court of Illinois that in words and phrases stated that the blog MARYGSYKES in exposing corruption was akin “to yelling fire in a crowded theater.” ( As you recall, I got an extra year suspension for not being repentant for writing about this corruption to the Attorney General of the United States!)
The 4th Step is to test the resolve of the effort to obtain a guardianship. As your friend as a Power of Attorney, this document ought to be brought to the attention of the Court and to the division of the Court that was set up to deal with the Americans With Disabilities Act cases. Believe it or not, we have all sorts of agencies and government groups that are set up to aid us in defending the ongoing WAR AGAINST THE ELDERLY AND THE DISABLED. So far most of these government agencies have demonstrated impotency and disinterest – however, hope springs eternal. Read 755 ILCS 5/11a – 10. These provisions are not optional – they are jurisdictional! The fact that presiding judges in the Sykes case (and most other cases of elder cleansing) believe that the RULE OF LAW is optional and does not apply in COOK COUNTY, ILLINOIS each one of the requirements is important. Make a record, and keep bother Law Enforcment until they act to protect the loved one who is being preyed upon.
The rest of the steps at this point are irrelevant. If you have not obtained law enforcement to do its job at this point in time, the victim is going to be subjected to RETROACTIVE ABORTION and cremated immediately after the last dollar or its equivalent is safely in the hands of the elder cleansers.
The perfidy is S.O.P. Not only has Illinois government (and the USA) failed to investigate the Mary Sykes case, but even though the State is on the verge of Bankruptcy the approximatley 3 million dollars of taxable booty has not been taxed and not a dime of interest or penalties collected. As the crimes are committed by conspirators, their liabilty is joint and several – no effort has been expended to require co-conspirators such as Jerome larkin to pay the taxes due!
Obamacare will be replaced by a new and possibly better health care plan – BUT IT WILL FAIL. It will fail and become a disaster because there is a 700% fraud surcharge levied on health care services. The new president as a businessman should address this problem if he wishes to make good on his promises!
This is why seniors centers are necessary and help seniors connect and have fun.
This is a heart warming video on taking care of the elderly in an excellent, thoughtful manner. Other suggestions are pairing the elderly with college students where they life with the student in dorms (because dorms already are serving food and have exercise and athletic facilities and entertainment and parties) and pairing them in exchange for reduced room and board and tuition. I think that’s a great idea.
This woman is clearly competent, so why was she guardianized?
Esta Varon tells us how she was placed in a mental institution and injected with drugs because her court appointed guardian Sam Rausman was going on vacation and did not want to leave her alone without an aide. She says she has been forced into an abusive situation by the courts appointment of a Sam Rausman as her guardian and says that the motto of the guardianship is to isolate, medicate and take the estate. Almost her entire life savings, including her home, has been depleted by this proceeding. Senior citizens beware!! http://www.stopguardianabuse.org
Does anyoe have any updates on this story? How awful.
Now I’m not saying the authorities won’t do much or you might have to report it over and over until they do something, but reporting abuse and neglect is very important.
Persons with Mental Illness or Developmental Disability
OIG 24-hour Hotline 1-800-368-1463
To report abuse/neglect of persons with a mental illness or a developmental disability at a DHS-operated facility, call the OIG 24-hour Hotline 1-800-368-1463 Voice/TTY.
Si usted sospecha que un individuo discapacitado ha sido abusado, descuidado o estafado económicamente, repórtelo a la Oficina del Inspector General del DHS al: 1-800-368-1463Voz/TTY.
There are several building that everyone knows are filled with human trafficked people, and the authorities do nothing about it, but apparently the clouted and elite want their pretty women–even at the expense of ruining them. Generally, it’s the aldermen and the DNC that are involved and they protect these disgusting life ruining businesses. These young people should be in high school and college, not held against their will for sex for the rich and powerful.
We all know that DT has lawsuits and claims against him for rapes that occurred during paid sex, and there are sex rings that exist for the wealthy and famous. But no young person should have to go through a rape. It ruins them for life. They can no longer function and society is left picking up the tab.
Thanks to ABC news for reporting on this and for the authorities trying to protect these young women and men.
http://www.uglyjudge.com (ha, I wonder if there is anything left to the ARDC rule that no one can malign or impugn a judge after that one. If a lawyer just types in this website, are they liable? my, times are a changing. take note, Mr. Larkin and your alleged staff of competent litigators)
and here is another story of corruption in probate in Los Angeles, Cal, this time by a police officer. No one is immune.
I wonder why they never have any CLE (Continuing Legal Education) on either Corruption in the Courts (how many videos have I posted on that one) or on Litigation Abuse Syndrome even though just about every lawyer knows it exists and can take an intelligent, capable and extremely competent, successful client from a position of power and authority into a blithering idiot, nearly incapable of getting out of bed every day to face the world.
There is nothing like litigation in a corrupt court, with a judge AND opposing counsel telling you day after day that white is black. up is down, north is south. Court is often nothing but a gaslighting facility.
And many people out there cannot afford attorneys. Especially after the GALs, opposing counsel and rubber stamping judges have stolen it all (Sykes, Gore, Frake, Houlihan, etc.) but the courts just keep on pounding and pounding away at these people and in the end, they’re a complete psychological mess.
There are a number of Dr. Karen Huffer videos on the website (in case you’re feeling alone in your case), but if you’re looking to connect to court corruption victims, there are also quite a few of those, especially in California.
Good luck on your cases. I am here to clean up the court system, and apparently a whole lot of people don’t like that from Jerome Larkin, Head Administrator of the Ill. Atty. Regn and Disciplinary Commission to a number of other people.
But I am here for you, the little guy and I am not going away. What I do now is report corruption to the authorities and work with them to see you all get justice.
Somehow we have to get this message across. This is not a democrat/republican issue – or it should not be. HOWEVER in Illinois the Democrats have such control and so many profit from the corruption it has become exactly that.
If you noticed – Philip Esformes stole a billion dollars in his Florida operations – his operations and that of his father in Illinois are intact! The operations were reported reluctantly in the media to include literally kidnapping homeless people so as to improve the occupancy of some of the Esformes nursing homes. Google Morris Esformes crimes — It has been suggested that the Illinois Office of the Public Guardian used its public funds to assist Esformes in his activities and the actions of the Illinois Attorney Registration and Disciplinary Commission have demonstrated their 18 USCA 371 attornment. The tie of the miscreant nursing home operator to the Political Establishment is obvious. I’ve been told that Attorney Michael Madigan is reported to have received fees of legal services from the Esformes group. Madigan is the most powerful democrat in the State. In addition the husband of a Supreme Court of Illinois (Burke) is also on the role of attorneys reputed to be servicing the Esformes group.
It is going to take real courage to break the pattern of corruption that permeates the health care industry.
From: govcuff <govcuff@googlegroups.com> To: “govcuff@googlegroups.com” <govcuff@googlegroups.com> Sent: Saturday, February 4, 2017 6:58 PM Subject: Re: [GovCuff] What is Judicial Misconduct?
On Saturday, February 4, 2017 5:34 PM, ‘kenneth ditkowsky’ via govcuff <govcuff@googlegroups.com> wrote:
If government wants to provide health care to Americans, government has to clamp down on miscreants who are gaming the system and those the political and judicial executives who are covering up for the aforesaid miscreants. While the mainstream media has not covered itself with glory in its systematic failure to cover the massive health care frauds, law enforcement is literally being forced the invent the wheel every time that brings criminal charges.
Illinois, Florida, California, et al are not the only States in which elder cleansing has become a lucrative and very successful cottage industry. The epidemic of ‘retroactive abortion’ for seniors and disabled people is real, very active and very, very lucrative. Indeed, try to find a miscreant (or one of his/her 18 USCA 371 co-conspirators) is not living very well and enjoying the ‘booty’ stolen from the victims of elder abuse, exploitation, and loss of civil and human rights – i.e. victims of elder cleansing. In today’s world of social media try as Jerome Larkin and his counterparts and co-conspirators try, the ‘cover up’ is leaking and more and more common folk are aware that ‘their government’ has failed them and has actually fostered criminal enterprises (supported by public funds) such as the Illinois Attorney Registration and Disciplinary Commission. These institutions create the facade of protecting the public, but as illustrated by certain disciplinary proceedings actually is protecting the criminals who prey on the elderly and the disabled. In Illinois all one has to do is look into the Cook County, Illinois guardianship cases of In re: Sykes and In re: Alice Gore and then refer to the JoAnne Denison disciplinary criminal enterprise.
In Indiana an article appeared in the Indianapolis newspaper a couple of years ago. It could have appeared yesterday, or it could have appeared a decade ago. The exposure of the corruption is the same. The article also could have been in the Pittsburgh, St. Louis, Detroit, Chicago et al newspapers. The M.O. is the same and “it works”
Top of Form
Health care executives bought Rolex watches and vacation homes in fraud scheme, prosecutors say
Justin L. Mack , justin.mack@Indystar.comPublished 7:23 a.m. ET Oct. 12, 2016 | Updated 7:59 p.m. ET Oct. 12, 2016
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FBI raids Carmel CEO’s home
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(Photo: IndyStar archives)
Private planes, vacation homes and gold bars are just a few of the items that federal prosecutors say were purchased by four men in a fraud scheme that netted $16 million.
U.S. Attorney Josh J. Minkler announced the indictments on Wednesday. Two defendants worked as executives for American Senior Communities, one of Indiana’s largest nursing home management companies:former CEO James Burkhart, 51, and former chief operating officer Daniel Benson, 51. Also indicted were Burkhart’s friend and associate Steven Ganote, 42, and his brother Joshua Burkhart, 42, who worked for the accounting firm that prepared cost reports for the defrauded health care companies.
Together they face 32 counts — including conspiracy to commit mail fraud, wire fraud, money laundering and conspiracy to violate the federal Anti-Kickback Statute — on acts alleged to have occurred between January 2009 and September 2015.
Minkler said the men, two of whom already earned seven-figure salariesfrom American Senior Communities, lived a life of gratuitous luxury complete with perks like golf junkets, diamond jewelry, Rolex watches and gambling trips in Las Vegas.
“The allegations in this indictment are serious and consequential and they don’t paint a pretty picture,” he said. “The four men … engaged in a six-year scheme, which is characterized by unbridled greed, deceit and theft from programs we all count on to care for the elderly, the poor, the disabled and the weak.
“Nothing was off the table for these four individuals.”
All four men were released from custody after an initial court appearance Wednesday afternoon where not guilty pleas were entered for each of them. No additional court hearings were set. Calls to each of their attorneys were not returned by Wednesday evening.
According to the federal indictment, the defendants conspired to defraud American Senior Communities, the Health & Hospital Corp. of Marion County and health care programs, namely Medicare and Indiana Medicaid. Court documents allege that their goal was to “solicit, receive and conceal kickbacks and other payments for their personal benefit.”
The defendants are accused of using more than 20 shell companies to falsify and inflate costs to American Senior Communities and Health & Hospital Corp.— which operates the Marion County Public Health Department, Eskenazi Health, Eskenazi Health Foundation, Indianapolis EMS and Long Term Care — for goods and services so they could steal discounts and rebates that belonged to the two entities, according to court documents. The shell companies also were used to conceal sizable kickbacks.
N.B. NOTE THE USE OF SHELL COMPANIES – THIS IS COMMON IN CHICAGO, MIAMI etc.
Each of the Shell Companies has a particular use, and hides the participation of high ranking individuals in the Fraud. For instance, the Morgan case revealed that a youngster was induced to be the pharmacist in charge of a Waukegan Pharmacy. He took the job and quickly using prescriptions that they had Morgan sign, the State of Illinois was double billed and defraud for several years. When the fraud was discovered, Morgan was an easy target and but for the honesty of the FBI, IRS, and DEA agents assigned to the case the real miscreants would have escaped free and clear. In Florida we appear to be getting another example of honest law enforcement as Philip Esformes was indicted for stealing a billion dollars from medicare.
Court documents said the men received $5.5 million in kickbacks disguised as marketing fees from pharmacy companies; $825,000 disguised as payments to a food provider; $325,000 labeled as consulting fees from a home health care company; and $140,000 labeled as consulting fees from a hospice company.
They also took advantage of the sheer scale of American Senior Communities, court documents said. With more than 70 nursing homes and thousands of patients, the facilities required the use of numerous vendors to supply services like landscaping, food, patient therapies and more.
It is time for an honest investigation of all of these criminal activities and the cover-up provided by organizations such as the attorney disciplinary commissions. The ethical rules (particularly Rule 8.3) requires lawyers to report the criminal activities of their fellows; however, woe be any attorney who does do so. In Illinois, JoAnne Denison and I made a call for an HONEST INVESTIGATION. This call was published in a blog titled Probate Sharks. Guardian ad Litem Cynthia Farenga saw the call on the blog, reported the same to a Jerome Larkin flunky and disciplinary proceedings commenced against Ms. Denison and myself. The fact that on page 91 of her evidence deposition taken by the Illinois Attorney Disciplinary Commission, the presiding Judge in the Mary Sykes case admitted to being wired and the Court record was clear in pointing out that Mary had not been served properly with summons, her whereabouts were misrepresented to the Sheriff and the Court (however, the judge was aware that she had been taken from the county), and no hearing on her competency held – LARKIN openly and notoriously misrepresented the facts to obtain punishment for attorneys complying with 18 USCA 4 and Rule 8.3.
(Everyone knows about the Lanre Amu case. AttorneyLarkin fabricated a scenario of facts he knew to be untrue to cover-up for a corrupt judge who was on the board of directors of the defendant. Even though Larkin’s own corruption was exposed when CRAINS CHICAGO BUSINESS in print made the same averments as Amu, the Illinois Supreme Court entered the 18 USCA 371 conspiracy to punish Amu and suspend him from the practice of law).
Law enforcement must act and act now to protect the public from the criminals who are stealing from the public and the government. As noted in the article (and the indictment of Esformes, Gillman, ****) the amounts of money being stolen are spectacular and obscene. It is no wonder that Jerome Larkin and the 18 USCA 371 co-conspirators are so bold and so aggressive – a few days of health care fraud safely provide a lifetime of luxury. The elderly and the disabled to the miscreants are commodities. (The hue and cry concerning the SCOTUS case of Buck vs. Bell has been lost when there if a ton of dollars to be stolen from the United States of America and the elderly).
From: ‘kenneth ditkowsky’ via govcuff <govcuff@googlegroups.com>
Sent: Friday, February 3, 2017 1:35 PM Subject: Re: [GovCuff] What is Judicial Misconduct?
What you have made is a very important distinction. The relationship between error and corruption.
Hindsight is always 100%, however, when faced with an on the spot decision there are many factors to address. The political decisions are the most interesting to most of us as when we comment on a political decision we are so far from the scene of the action that any position is actually safe.
I was reminded of one of my decisions that had great pecuniary consequences to me.
My friend Tom B, on spring day called me on the telephone to inform me that he contemplated that he, two friends and I would purchase the RED RIVER SKI RESORT. All we need was $100,000 each and we owned it lock stock and barrel. He was excited as could be. For this hundred thousand dollars we purchased the equity, subject to our guarantee of the existing umpteen million dollars of first mortgage liens on the property. (The property was beautiful and well worth the money).
Of course I was interested. The practice of law was a feast or famine business. Unless you invested and became a partner in your clients’ businesses a lawyer had no chance of become rich; however, he could earn a comfortable living. There were ethical consideration that barred such investments so most lawyers stayed out of their client’s businesses.
Fortuitously Red River was just North of Taos, New Mexico and Judy had her two sisters living in the area. As memory recalls we were going to Taos that summer.
Why was the business and property so cheap? I asked Tom. His response shook me to the core – – “they have not had SNOW in three years” Two years could be expected, but three was an anomaly. It could not happen! Indeed, I thought – that is the reason the the current owners are so anxious to get the hell out. I was too smart to bet on the weather.
Being a lawyer I gave the lawyer answer, but a hour later it was clear to me that I was not going to try to explain to Judy how I bet $100,000 that Red River, New Mexico was going to have x inches of snow that year. This “investment” made at that point in time a pure gamble. I knew nothing about the business and was betting that one factor was going to appear.
You do not have to read further to know what happened. I actually went to Red River, rode in the heat of summer one of their ski lifts, confirmed my decision and did not invest a dime. That Winter Red River had record snow fall, the receipt were amazing. Tom and his investors made out like bandits. The First mortgage loans were paid off and each had a handsome profit. Ditto for the next two years, and on year four the ski lodge was sold at a handsome profit. I earned zero and received zero.
My rationale is simple. If I had invested it was probable that there would have been no snow for another year. Maybe
From: Sent: Friday, February 3, 2017 10:08 AM Subject: [GovCuff] What is Judicial Misconduct?
GovCuff [and Friends] –
Turn a bit from Ken’s focus, but in-keeping with his larger theme of govt/judicial corruption:
A very recent case in California (Van v. Language Line, attached) caught my eye. It raises the question: What constitutes “Judicial Misconduct”, as distinguished from run-of-the-mill “Error/Appeal/Etc.”?
In Van v. LL , superior court judge McGowan convicted Van (pro se plaintiff/appellant, up against well-known corporate employment law firm, Jackson Lewis) with disobeying its court-order. But the court-order turned out to be invalid. So Van beat the rap upon appeal.
But, does McGowan’s conviction of Van amount to Judicial Misconduct? I would say No. I would say it’s just “error”, not least because it’s appealable.
Now, IF Van had LOST upon appeal, all the way up to the highest court (State or U.S. Supreme Court), THEN a charge of J udicial Misconduct would have been in order. For, after all, the judges DID screw up, and then persisted in COVERING-UP their screw-up (which Van would have to convince the Judicial Council of). THAT, to my mind, would be Judicial Misconduct. Even more, it might even be criminal conduct (which would, of course, in turn implicate Judicial Misconduct; see 08_JudicialTwilightZone.pdf, in ZIP file http://bit.ly/2gFjPx1).
BUT, Van has to go through the appeals process FIRST, before even thinking about Judicial Misconduct. Otherwise, the Judicial Misconduct charge would (almost certainly) have been automatically dismissed by the Judicial Council, on the basis that the “usual way” to correct judicial decisions is via the appeal process. (Though, Vancould afterwards have re-charged Judicial Misconduct again after all appeals had been exhausted, because there are NEVER any restrictions on who/when/why judicial misconduct charges can be filed).
Do others on this list have alternative “definitions” or “examples” of “REAL” Judicial Misconduct they’d like to share?
I emphasize “REAL”, to keep us from disappearing down bogus black holes, exemplified by screeds such as the following (which shall remain anonymous here), that can be found on the web (noting that I don’t think Judge Edmunds ever actually had a formal charge of Judicial Misconduct filed against her perhaps the “victim” would rather be a cynical martyr than a true hero?]):
– Walt
PS: The only “REAL” (active) case of judicial misconduct I know about is my own (http://bit.ly/2gFjPx1), but I’d really like to know about others. If they exist. Which I doubt.
On 02/02/17 08:36, ‘kenneth ditkowsky’ via govcuff wrote:
No matter where you turn, the frugality with the truth promulgated by the political establishment is massive. Fraud is their byword and they are getting away with it.
elimination of elder cleansing, vote fraud, **** is the great fear of the Establishment and their allies. The vote fraud issue has hit a chord. The media and the Establishment fighting so hard to prevent an investigation is a clue. However, it is now appearing that there are holes in the dike! See today’s Wall Street Journal
CITING ILLINOIS CASES IN ILLINOIS COURT PLEADINGS .
JURY DEMAND PLEADINGS
A. FORM OF PLEADINGS
B. THE COMPLAINT
C. VERIFIED PLEADINGS
D. AFFIDAVIT REGARDING DAMAGES SOUGHT
E. EXHIBITS
F. ANSWERING THE COMPLAINT
i. Time to Appear and Answer
ii. Waiver of Service
iii. Denials ………………………………………………………………………………………………….5
iv. Affirmative Defenses ………………………………………………………………………………5
G. REPLIES TO ANSWERS AND AFFIRMATIVE DEFENSES …………………………….6
H. COUNTERCLAIMS AND CROSS-CLAIMS …………………………………………………….6
I. REPLIES TO COUNTERCLAIMS …………………………………………………………………..7
J. THIRD PARTY COMPLAINTS ………………………………………………………………………7
K. INTERVENTION ……………………………………………………………………………7
L. SANCTIONS FOR IMPROPER PLEADINGS OR OTHER FILINGS ………………….8
IV. MOTIONS ………………………………………………………………………………………………………………8 A. MOTION FOR SUBSTITUTION OF JUDGE ……………………………………………………8
i. As a Matter of Right ………………………………………………………………………………..8
ii. As a Matter of Cause ……………………………………………………………………………….9
B. MOTION TO CHALLENGE PERSONAL JURISDICTION ……………………………….9
C. MOTION TO CHALLENGE VENUE …………………………………………………………….10
D. MOTION TO DISMISS OR TRANSFER FOR FORUM NON CONVENIENS ………………………………………………………………………………………………11
E. MOTION FOR BILL OF PARTICULARS ………………………………………………………11
F. MOTION TO CONSOLIDATE OR SEVER CLAIMS ………………………………………12
G. MOTION FOR VOLUNTARY DISMISSAL ……………………………………………………12
H. PRE-ANSWER MOTION TO DISMISS ………………………………………………………….13
i. Time for Filing and Proof of Service ……………………………………………………….13
ii. 2-615 Motion to Dismiss ………………………………………………………………………..13
iii. 2-619 Motion for Involuntary Dismissal ………………………………………………….14
iv. Combined 2-615/2-619 Motions ……………………………………………………………..15
I. MOTION FOR CONTINUANCE ……………………………………………………………………15
J. MOTION FOR EXTENSION OF TIME ………………………………………………………….15
K. SUMMARY JUDGMENT MOTIONS …………………………………………………………….15
i. Timeframe for Moving for Summary Judgment ………………………………………..15
ii. Procedure for Moving for Summary Judgment …………………………………………16
L. MOTION FOR DEFAULT …………………………………………………………………………….16
M. MOTION TO WITHDRAW …………………………………………………………………………..16
V. DISCOVERY ……………………………………………………………………………..17
A. COMMENCING CASE MANAGEMENT AND DISCOVERY …………………………17
B. SCOPE OF DISCOVERY ……………………………………………………………………………… 18 i. Generally ……………………………………………………………………………………………..18 ii. When a Motion Challenging Personal Jurisdiction is Pending …………………….18
C. FILING DISCOVERY WITH THE COURT …………………………………………………….18
D. MANDATORY DISCLOSURES IN CERTAIN TYPES OF CASES ………………….19
E. DOCUMENT REQUESTS …………………………………………………………………………….20
i. Serving Requests for Production ……………………………………………………………..20
ii. Responding or Objecting to Document Requests ………………………………………20
iii. Electronically Stored Documents …………………………………………………………….21
F. INTERROGATORIES …………………………………………………………………………………..22 i. Serving Interrogatories …………………………………………………………………………..22
ii. Responding or Objecting to Interrogatories ………………………………………………22
G. DEPOSITIONS ………………………………………………………………………………23
i. Evidence Depositions v. Discovery Depositions ……………………………………….23
ii. Method of Taking Depositions ……………………………………………………………….24
iii. Records Depositions ……………………………………………………………………………..25 iv. Deposing Corporate Representatives ……………………………………………………….25
v. Deposing or Subpoenaing Out of State Witnesses ……………………………………..25