From Ken Ditkowsky on why the corruption in probate continues and what is supporting it in Illinois

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?

Thanks
Sent from Yahoo Mail. Get the app
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.com Published 7:23 a.m. ET Oct. 12, 2016 | Updated 7:59 p.m. ET Oct. 12, 2016
Agents head to the home of James G. Burkhart on Tuesday.
tos
FBI raids Carmel CEO’s home
636118535071859771-635793849511572229-19-FBIraid-091515.jpg Buy Photo
(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 salaries from  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.”?

Here’s one take on it.  Not an official definition of Judicial Misconduct (https://en.wikipedia.org/wiki/Judicial_misconduct; http://www.uscourts.gov/judges-judgeships/judicial-conduct-disability), but an interpretation of mine (just one of many possible examples, not intended to be definitive).

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
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