Case citation rules for Pro Se litigants–Cornell Rules of Citation Indigo Book

I had a question today about proper legal citations and where to find the rules for that.

Cornell University has published an online guide for this which can be found at:

https://www.law.cornell.edu/citation/

Introduction to Basic Legal Citation(online ed. 2016)By Peter W. Martin

This work first appeared in 1993. It was most recently revised in the summer of 2016 to reflect the release of a new, free citation guide, The Indigo Book, and the publication of The Supreme Court’s Style Guide. Like all prior revisions this one also included a thorough review of the relevant rules of appellate practice of federal and state courts, and the latest edition of The Bluebook, released in 2015. It is linked to the new Indigo Book. As has been true of all editions released since 2010, it is also indexed to the The Bluebook and the ALWD Guide to Legal Citation. Importantly, however, it documents the many respects in which contemporary legal writing, very often following guidelines set out in court rules or style guides, diverges from the citation formats specified by those academic texts. The current online format, released in early 2016, was created with the assistance of a team of students enrolled in a graduate software engineering course at Cornell.

The content of this guide is also available in three e-book formats: 1) a PDF version that can be printed out in whole or part and also used with hyperlink navigation on an iPad or other tablet, indeed, on any computer (Be aware that not all PDF readers allow the user to follow links. You’ll want one, like Adobe’s, which does.); 2) a version designed specifically for use on the full range of Kindles as well as other ereaders or apps using the Mobi format; and 3) a version in ePub format for ereaders or apps that work with it. To access any of them, select “eBooks” at the top of the page. (Over 50,000 copies of the 2015 edition were downloaded.)

Since the guide is online, its further revision is not tied to a rigid publication cycle. Any user seeing a need for clarification, correction, or other improvement is encouraged to “speak up.” What doesn’t work, isn’t clear, is missing, appears to be in error? Has a change occurred in one of the fifty states that should be reported? Comments of these and other kinds can be sent by email addressed to peter.martin@cornell.edu. (Please include “Citation” in the subject line.) Many of the features and some of the coverage of this reference are the direct result of past user questions and advice.

A complementary series of video tutorials offers a quick start introduction to citation of several major categories of legal sources. They may also be useful for review. Currently, the following are available:

  1. Citing Judicial Opinions … in Brief (8.5 minutes)
  2. Citing Constitutional and Statutory Provisions … in Brief (14 minutes)
  3. Citing Agency Material … in Brief (12 minutes)

Finally, for those with an interest in current issues of citation practice, policy, and instruction, there is a companion blog, “Citing Legally,” at: http://citeblog.access-to-law.com.

Peter W. Martin

I hope this helps all pro se litigants out there with your pleadings.

Joanne

From NASGA–how lawyer scams and high fees hurt abuse litigation against nursing homes

Anatomy Of A Scam: How Lawyers Hurt Clients And Crush Nursing Homes

Photo of Kevin Daley

KEVIN DALEY
Supreme Court Reporter

Nellie Keffer won an $80,000 award from a nursing home she claims had brutally abused her husband. Weeks later, her lawyers sent her a bill for $71,000.

There is no shortage of aggrieved nursing home negligence or medical malpractice plaintiffs who express serious misgivings about the quality of their representation, and the fees lawyers assess against them after securing awards. One such attorney is Michael Fuller of McHugh Fuller, a Mississippi-based firm specializing in nursing home litigation.

A Daily Caller News Foundation investigation suggests that McHugh Fuller and its allies bankroll a nonprofit that promotes litigation in the states where they practice. The firms then collect a huge percentage of the awards they secure, while quality long term care is compromised by their tactics.

Fuller‘s former clients describe an attorney who is elusive and inattentive, but all too eager to collect large percentages of the awards he secures. His firm also evidences a history of misleading advertising that has resulted in sanctions from state courts. What’s more, his law partner, James McHugh, is intimately connected to a Pennsylvania-based law practice that bankrolled a nursing home oversight group called Families for Better Care, which tax records suggests may be a front to provoke litigation in jurisdictions where the firm frequently practices.

As a result of relentless litigation in certain jurisdictions of the sort practiced by these firms, quality longterm care has all but withdrawn from states like Ohio, Pennsylvania, Kentucky, and West Virginia.

McHugh Fuller declined comment for this story.

Big Awards, Bigger Fees

Fuller represented Mrs. Keffer in litigation she brought against a West Virginia nursing home she claims abused her late husband, Ralph Keffer, while he was in their care. Mr. Keffer subsequently died while in the care of a separate facility. After a lengthy mediation process, the nursing home agreed to settle for $80,000. Mrs. Keffer recovered $50,000 of that award.

Per an initial settlement agreement reviewed by The Daily Caller News Foundation, Medicare and Medicaid were entitled to collect a $25,000 lien from the award, and McHugh Fuller kept $5,000 in attorneys fees. However, Medicare and Medicaid declined to collect the lien, so Fuller kept the $25,000.

“He didn’t ask me if he could take it or anything like that, he just took that amount,” Mrs. Keffer told TheDCNF. Thereafter, she attempted to contact him repeatedly over a period of several months.

“Every time I called him he would be out of the office, he would never call me back,” she said. “He just wouldn’t talk to me.”

After settling the case, Keffer received an itemized bill from McHugh Fuller for $71,000. TheDCNF obtained a copy of the statement. Ultimately, she was not made to pay out any of the charges.

In the early going, Keffer says Fuller was diligent in his supervision of the case and in communicating with her on a regular basis. As the litigation progressed over time, however, he became less and less interested.

“In the beginning, he cared about my case, but then as time went on … he didn’t want anything to do with [it],” she told TheDCNF. She further said she regrets her decision to settle the case, especially after learning of the full extent of the abuse to which her late husband may have been subject.

“He treated me very unfairly in the end,” she said of Fuller.

Keffer ultimately lodged a complaint against Fuller with the West Virginia Bar Association, which dismissed the claim. According to documents reviewed by TheDCNF, Fuller said he guaranteed the Keffer estate a $50,000 award. He further claimed that he told Mrs. Keffer any reduction in the Medicare/Medicaid lien would be retained by the firm.

“The remaining allegation in this complaint is a fee dispute,” the Bar Association’s ruling read. “The Lawyer Disciplinary Board will not resolve such disputes unless the fee charged is in violation of law or grossly excessive on its face and that does not appear to be the case here.”

Complaints about Fuller‘s fees have been voiced by other clients. McHugh Fuller represented another litigant, Lora Jarrell, in a wrongful death action she brought against the nursing home where her mother, Ursula Gerencir, died in 2009. Fuller secured a $250,000 award for her and her brother — and kept $150,000 of it.

“I never understood why they needed $150,000 for expenses, but I didn’t argue,” she told TheDCNF.

“They’re taking more of their share of the money than they’re supposed to,” she added.

Like Keffer, Jarrell also claims she did not confer often with Fuller. Neither Fuller nor his law partner came to the case’s final proceedings.

“I wasn’t happy about that,” she said. “But they took all the money.”

Jarrell was unable to produce an itemized bill from the firm for TheDCNF. She also said that she was pleased McHugh Fuller was able to secure an award against the nursing home.

Misleading Advertising

Some nursing homes around the country have accused the firm of deceptive, misleading, or false advertising. An Ohio nursing home, Heartland of Urbana OH, LLC, brought a suit against McHugh Fuller late in 2014 for violations of the Deceptive Trade Practices Act and defamation. The firm bought full page ads in a local paper indicating the nursing home had been sanctioned by the federal government for “failing to provide necessary care and service to maintain the highest well-being of each resident.” The ad specifically solicited contacts from individuals whose loved ones may have suffered “bedsores, broken bones, unexplained injuries, or death” in Heartland’s care.

Heartland argues the ad falsely left readers with the impression the facility had been cited recently. In point of fact, the nursing home had not been cited for concerns even remotely similar to those expressed in the advertisement since 2010.

Nursing home citations are assessed across a spectrum of “A” to “L,” with “L” being the most severe. Heartland received an “E” level violation in 2010 because of three instances court documents describe as “relatively minor.” They include failure to document and administer a laxative prescribed for constipation, failure to reassess abdominal pain within 18 hours, and failure to administer an antibiotic. In these cases, no serious harm befell any of the residents, and no person in the nursing home’s care suffered the sorts of injuries referenced in the ad because of staff negligence or poor quality of care.

The facility was also cited for violations in 2012, though they were less severe than the 2010 citation. U.S. News awarded the facility a three out of five star rating, matching or exceeding three of the nearest four nursing homes.

An Ohio appeals court found that McHugh Fuller‘s ad was “literally false” by necessary implication in Sept. 2016. Though the fact, it concluded, of Heartland’s citation was literally true, “the words ‘considered in context necessarily imply a false message.’” A lower court initially sided with McHugh Fuller in the dispute.

A Front Group For Litigation?

McHugh Fuller partner James McHugh practiced law at a Pennsylvania-based firm called Wilkes McHugh for 17 years before joining his current firm. Wilkes McHugh is a multi-service outfit representing clients in appeals proceedings, bankruptcy court, and a wide range of personal injury areas, including nursing home negligence.

Tax records show Wilkes McHugh was the primary financier of an advocacy group called Families for Better Care (FFBC), a nursing home watchdog frequently cited as an authority on quality of care. The group’s director, Brian Lee, was cited in a newspaper report as recently as March 3. Lee previously served in Florida state government as an ombudsman for the Department of Elder Affairs, but was ousted from government service in 2011. He claims the administration of Florida Gov. Rick Scott forced him from office under pressure from the nursing home lobby.

The group frequently publishes a national report card ranking the quality of nursing homes in each state and the District of Columbia. The states in which both Wilkes McHugh and McHugh Fuller are active, including Pennsylvania, West Virginia, Mississippi, Ohio, and Kentucky perform dismally in the reviews.

A review of the organization’s tax records from 2011 to 2014 show that Wilkes McHugh essentially bankrolled the group. For example, FFBC reported $69,400 in revenue on their 2011 990. The same record shows the entirety of that amount came from a donation given by Wilkes McHugh. The following year, the group reported $130,000 in revenue, all of which came from a donation from the firm, as in the previous year. The pattern follows for 2013 and 2014. The firm was the group’s sole benefactor in three of the four years during this period.

“Families for Better Care has a diversity of supporters, that in the past, we can proudly state included Wilkes and McHugh,” the group told TheDCNF in response to an inquiry about their relationship to the firm.

Wilkes McHugh partner James Wilkes II denied that his firm directs the organization in any way in an interview with TheDCNF. He said his firm’s motives were entirely philanthropic.

“I don’t think we are the primary benefactor,” Wilkes told TheDCNF. “We got involved when Brian Lee resigned as ombudsman.” Wilkes claims their professional relationship began when he read accounts of Lee’s dismissal in Florida newspapers.

Wilkes claimed he could not recall if he has ever met Lee. He further claims the cumulative total of their conversations runs less than 30 minutes.

In a separate 2014 interview with local media, Lee went even further than Wilkes, claiming he has never spoken with anyone from Wilkes McHugh.

Wilkes has a five-star AV Preeminent rating from Martindale-Hubbell for high ethical standing, and has won several awards for his work litigating around longterm care issues. He is a previous nominee for the AARP’s National Aging and Law Award.

FFBC also disputed that their advocacy was meant to promote business for the firm.

“In regard to our nursing home annual report, our methodology is included on the report card’s website, which shows it’s based on federal data,” Lee told TheDCNF. “Finally, we are proud of our determined advocacy on behalf of residents and their rights, to ensure they receive the best care possible.”

Lee’s activities raise questions about the tax-status of the group, which is a registered 501(c)3 group. The IRS requires nonprofits to disclose any and all lobbying activity and lobbying-related expenses on government forms. Lee has written in the Florida press about matters pending in the state legislature, identified as a “lobbyist” in applying for other positions according to court documents reviewed by TheDCNF, and describes himself as an “advocate for changes in laws and regulations” on his LinkedIn page. Despite this, the organization did not disclose any lobbying on its tax forms.

What’s more, Wilkes McHugh’s lobbying and media firm, Vancore Jones, is intimately connected to FFBC. The firm’s two principals, Steve Vancore and Andrew Jones, registered as officers of FFBC. Both previously registered as lobbyists for Wilkes McHugh in Florida, according to state records. The registrant-contact for FFBC’s domain name is also an employee of Vancore Jones.

All told, FFBC appears more closely connected to Wilkes McHugh than its principals contend.

In addition to client complaints, court sanctions, and its connection to FFBC, McHugh Fuller attracted notoriety for its involvement in the purchase of a private jet from a judge they had occasion to argue before, and for a bevy of campaign donations to the same judge that campaign finance experts say resembles an illegal straw-donor scheme.

Follow Kevin on Twitter

Send tips to kevin@dailycallernewsfoundation.org.

From Joanne;

Many clients say they cannot get lawyers to go up against local nursing home for abuse to their elderly or disabled loved ones, and when they do, fees are enormous.  Medicare/Medicaid may even put a lien on part of that claim.

Many times in probate, lawyers get out of being sued for being part of the abuse and judges are reluctant to keep them in suits, even though they actively participated in the abuse (isolation, false/forced sales of homes, false waiver of rights, etc.)

The system has to change.  Nursing homes are rampant far too often with abuse.  They wiggle out of fines and lawsuits, probate courts are still isolating senior citizens and putting them at risk in nursing homes, they force sales of homes and the nursing homes are stuff with elders wanting to go home, and no one seems to care or investigate.

The whole system is a house of cards.

Joanne

From NLJ: Interesting Fed. Ct decision on workplace Health Programs incentives for Employees

http://www.nationallawjournal.com/legaltimes/id=1202796129499/Judge-Tells-EEOC-to-Revisit-Rule-for-Workplace-Wellness-Programs?kw=Judge%20Tells%20EEOC%20to%20Revisit%20Rule%20for%20Workplace%20Wellness%20Programs&et=editorial&bu=National%20Law%20Journal&cn=20170822&src=EMC-Email&pt=Legal%20Times%20Afternoon%20Update&slreturn=20170722171844

Judge Tells EEOC to Revisit Rule for Workplace Wellness Programs

Regulation wasn’t vacated outright for concern about “significant disruptive consequences.”

C. Ryan Barber, The National Law JournalAugust 22, 2017    | 0 Comments

AARP headquarters in Washington, D.C.
AARP headquarters in Washington, D.C.
Photo: Diego M. Radzinschi/ALM

A federal judge on Tuesday sent the U.S. Equal Employment Opportunity Commission back to the drawing board on regulations for increasingly popular workplace wellness programs, ruling in part that the agency failed to justify its 30 percent cap on cost incentives for participating workers.

AARP challenged the rule in October, arguing it would allow employers to illegally access private health information and potentially use that data in a discriminatory manner. The AARP, which lobbies on behalf of nearly 38 million people age 50 and older, also alleged the 30 percent limit on health care cost incentives was too high of a penalty for nonparticipating workers.

In the rulemaking process, the EEOC determined a wellness program could be considered “voluntary” so long as the cost incentives—or, seen another way, the penalty for nonparticipating employees—did not exceed 30 percent of the value of an individual’s plan.

In his decision, U.S. District Judge John Bates of the District of Columbia in Washington acknowledged the “tension that exists between the laudable goals behind such wellness programs”—which often entail collecting sensitive medical information from employees—and other federal regulations limiting employers’ access to such data. But he found that the EEOC had failed to adequately explain its decision to interpret the term “voluntary” in those other regulations—the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act—to allow the 30 percent incentive threshold.

“Neither the final rules nor the administrative record contain any concrete data, studies or analysis that would support any particular incentive level as the threshold past which an incentive becomes involuntary in violation of the ADA and GINA,” Bates wrote. “To be clear, this would likely be a different case if the administrative record had contained support for and an explanation of the agency’s decision, given the deference courts must give in this context. But ‘deference’ does not mean that courts act as a rubber stamp for agency policies.”

The EEOC and AARP—represented by its litigation arm, the AARP Foundation Litigation—did not immediately respond to requests for comment.

Read moreAnthem, Cigna and Macy’s Sued Over Wellness Plan

Bates’ decision granted the AARP’s motion for summary judgment against the EEOC rule. But Bates declined to vacate the rule entirely out of concern for “significant disruptive consequences.”

If the rule were vacated, Bates said, employees who’ve already received wellness program incentives “would presumably be obligated to pay these back,” while employers who effectively imposed a penalty on nonparticipating employees “would likewise be obligated to repay to employees the cost of the penalty.”

Protected health care information that was already disclosed to companies “cannot be made confidential again,” Bates said.

“It is far from clear that it would be possible to restore the status quo ante if the rules were vacated; rather, it may well end up punishing those firms—and employees—who acted in reliance on the rules,” Bates wrote.

From GG — Correct portal to Illinois Appellate Court Filing Website

This morning, GG tells me he spent 45 min. trying to upload a document on the new Illinois Court of Appeals Website.

So he called the help desk and they told him one of the portals doesn’t work and they forgot to take it down but another one does work.

So here is the correct URL if you are filing something:

from Odessey tech support:
the e-filing website has changed
the old one is not supported anymore and has errors

use https://illinois.tylerhost.net/OfsWeb/   to access their current website

From GG: Great Case law on TILA (Truth in Lending Act) and recission of a bad mortgage or mortgage servicer

see Barnes v Chase 9th Circuit RESCINDED and Remanded NOT for Publication 13-35716
Causey v US Bank 9th Circuit RESCINDED and Remanded NOT for Publication 10-56021
Here we find some amazing rulings from the Ninth Circuit. One pre-Jesinoski, and the other post Jesinoski …
Causey v. US Bank (2011) [3 day rescission decided pre-Jesinoski]
But in a case where the creditor acquiesces in the
consumer’s notice of rescission or fails to respond within the 20-day response period, rescission is accomplished automatically. See id.
Barnes v Chase (8/10/2017)
Check this ruling out:
For reasons that are unclear from the record, the letter to the creditor was returned to Barnes undelivered. The loan was not rescinded, and Barnes brought suit for rescission and violation of the Truth in Lending Act (TILA), 15 U.S.C. § 1601 et seq., and its requirements regarding rescission procedures against CBUSA, CHF, and LBPS.1 The district court granted the defendants’ motion for summary judgment. Because notice of rescission was properly given, we vacate the grant of summary judgment on Barnes’s claims for rescission and failure to effect
rescission and remand for further proceedings.2
And:
Specifically, Consumer Financial Protection Bureau (CFPB) Official Staff
Commentary to Regulation Z provides: “Where the creditor fails to provide the consumer with a designated address for sending the notification of rescission delivery of the notification to the person or address to which the consumer has been directed to send payments constitutes delivery to the creditor or assignee.” 12 C.F.R. § 226, Supp. I, para. 23(a)(2); Truth in Lending, 69 Fed. Reg. 16,769-03,
16,771 (Mar. 31, 2004).

And:

CBUSA “fail[ed] to provide [Barnes] with a designated address for sending the notification of rescission” because the address it did provide was not successfully receiving mail when Barnes sent his notice there. See 12 C.F.R. § 226, Supp. I, paras. 15(a)(2), 23(a)(2). The only remaining action for Barnes to take, per Regulation Z and the CFPB Official Staff Commentary, was to notify the servicer, which he had already done.

and

U.S. Bank N.A. v. Naifeh (Cal. Ct. App. 2016) 1 Cal.App.5th 767, 769: “[A] timely notice of rescission automatically renders the security interest void under section 1635(b) where the creditor acquiesces in the rescission or ignores it.

Merritt v. Countrywide Fin. Corp. (9th Cir. 2012) 759 F.3d 1023, 1030 [under the procedure set forth in 15 USC 1635(b), “‘all that the consumer need do is notify the creditor of his intent to rescind,’” and the “‘”agreement is then automatically rescinded”‘”]; Sherzer v. Homestar Mortgage Services (3rd Cir. 2013) 707 F.3d 255, 258 [“rescission occurs automatically when the obligor validly exercises his right to rescind;” Williams v. Homestake Mortgage Co. (11th Cir. 1992) 968 F.2d 1137, 1140 [agreement “automatically rescinded” when consumer notifies the creditor of his intent to rescind] and of course Jesinoski.

From AJP–Important class action settlement for those annoying robo calls. Up to $900 if you were on their list!

I just checked AND MY PHONE NUMBER was on the list.

I have no doubt that I receive dozens of these stupid robo calls per week or month.

Go to https://www.rmgtcpasettlement.com/Landing.aspx and put in your cell phone, work phone (if you own a business like I do) and home phone.

See if you are eligible to get $300 per phone call or up to $900 if you received 3 or more phone calls.

I know many of you hate attorneys, but don’t let that stop you. Every once in a while the little guys with no clout win just a teeny tiny bit.

Joanne

From SSW–Where is the accountability in the DCFS system?

I find countless cases of erroneous and/or malicious removal of kids from their homes based on any number of questionable allegations; One must ask not only themselves, but certainly the COURTS claiming jurisdiction over the family or subject, on what foundation do the merits of these petitions to remove rest?
Our constitution was written to establish the guidelines that should enforce the protections of ALL citizens involved in any case brought to a court when any person’s human, fundamental & constitutional rights are threatened on either side of a case.

When highly publicized crimes are tried in our living rooms via news or television stations allow us into the courtroom, we are also exposed to the reporters own reaction, no matter how subdued, to any particular component of a case on either side. It is natural for us to assume that what WE see and hear about a case is also what the jury inside also sees and hears. From our perspectives, the facts as presented (on our side of the television screen) are so conclusive, there can be no question as to the findings of guilt, whether the guilt is on the accused or revealed to be more on the accuser.

We have seen cases that cause us to truly question the judicial machine and the competence of jurors who hand down verdicts that defy OUR logic.

High-profile cases such as OJ Simpson’s murder trial and Casey Anthony, have left us in jaw-dropping disbelief as we are riveted to the television broadcast of verdicts handed down that are in direct conflict to what OUR perception of them were: But WE are also privileged to information of a case that the inside courtroom never saw… ie: the bloody glove and shoes theory in explicit detail or the mother’s lifestyle over the 31 days between the last time she saw her child and the time she finally “mentioned” it had been a month and she did not know where her child was. There are infinite innuendos, revelations, and even personal interjections by the reporters that we were receiving in our private living rooms that the judge and jury trying and hearing the case never knew.
While we want to scream out for justice, there is an entire court process that has concluded, from its perspective, that justice has been served.
The occurrence of child removal from parents based on nothing more than the allegation that caused the petition to be filed is increasing at an alarming rate. The reference in this article, calling these accelerated dissolutions of families “ASSEMBLY LINE JUSTICE” is horrifyingly accurate.

There is something very obviously missing in these cases, but only to those who are standing on the INSIDE of the closed doors of a family court;

*EVIDENCE, MOTIVE, REASONABLE EFFORT, JURISDICTION, VALIDITY*

The officers of the courts who are solely empowered to determine the filing, trying and defending these cases, have become so overburdened by the frequency and numbers of these cases filed, while also cloaked in the secrecy of the closed doors of family court, it has become commonplace practice of the entire system inside to fall into a mindset of mass-production. Every case has a different number, the names change, but the common factor in all of them are the allegations contain within.
Our courts have unconsciously streamlined the process, to lighten their loads. In that streamlining, certain elements of the process have been eliminated, to save time and energy.
Unfortunately for the families, mainly the parents who have been FALSELY ACCUSED by a malicious reporter, an angry family member, an uninformed caller, and even a misconstrued comment from the child himself, the courts have decided to forego the FACTS of a case that may ONLY be determined through a thorough a properly conducted investigative process, then fact-checked for validation by the court, and finally, by the Due Process protections we are promised as United States citizens.

Our family courts have forgotten those components and erroneously proceed with “Best Interest” as their motivator, as they justify the systematic annihilation of the American family on the predetermined assumption of guilt based on nothing more than a written report of a caseworker who was entrusted with the duty to investigate the allegations against parents, to collect evidence through interviews of witnesses who give weight to BOTH sides, and then to compare this evidence to conclude: Is there enough evidence to indicate this parent is a danger to her child and the child is in imminent danger of harm or has this parent been falsely, even mistakenly accused and evidence gathered has shown this to be the foundation of an allegation that does NOT constitute abuse or neglect.
These caseworkers have been bestowed with a duty to ensure a child is safe and out of harm’s way. They are sent out to the population with an illusion of superpowers. They see themselves as necessary heroes.
In many ways, they should be.

But it is the “quota” that becomes the delusion. When there are no guilty parents, no children to take, there is no funding for the budget. Then there is really no need for so many caseworkers, (just to name ONE basic reason for the need to increase the numbers of removals…if you review this ONE component in a breakdown of every penny that comes out of the budget, it may seem insignificant in the vast $$$$ of expenses included in the granting of federal funds to agencies. BUT, no $$$ are granted for intact families! It only starts flowing when the valve is opened with the removal of the children. From there it becomes a flood).
The workers who have the successful Indicated Findings which end up in family court for removal are the bread winners for this broken system. It has become a survival tactic; Their OWN self-preservation has become priority over family preservation.
*****************************************
LEGISLATORS…There is an immediate and urgent need for review of the FACTS and REASONABLE EFFORTS practices of DCFS nation wide!!! The Administrative Codes are subliminally written with the protection of the AGENCY first. The child is the vehicle. Many of the codes, policies and procedures are written to allow the agencies themselves to inflict the very same treatment of a child that they used against a parent to TAKE that child. They are given protections from prosecutions for committing the same acts they have just accused and prosecuted parents for, and usually this is done without the court ever establishing any substantial or evidentiary basis at all!
The workers write the complaint. They hand it in like a homework assignment. Their supervisor signs off on these reports as being valid and accurate without even making a follow up call to anyone noted in the investigation or a background check of the reporter to determine possible malicious motivation…all of these are essential and relevant components that are SUPPOSED to be included in the investigation process, but are overlooked or ignored. These accepted and approved submissions ultimately result in $$$$ flowing into the budget, ensures job security, wage increases, and the creation of more jobs when the numbers indicate the need for MORE SERVICES (consequently, more service PROVIDERS).

Every successful removal is like another can of spinach to Popeye.
The statutes are written to cover every aspect of potential prosecution of a guilty parent…and guilty parents SHOULD be prosecuted APPROPRIATELY. What the laws and policies do NOT address is the potential prosecution of innocent parents. Laws are written in the conclusion that ANY parent indicated for abuse/neglect IS guilty, and the Due Process that is supposed to ensure that is a CORRECT assumption ceases to exist. There is no consideration to the contrary once an Indicated finding has been submitted.

When will the courts finally begin moving the over-population of legal orphans into the FEMA camps along with the rest of the refugees, undesirables and overflows from whatever else the system has caused through mismanagement and lack of accountability?

THINK ABOUT IT

Sharon Shay Watson, court corruption victim (loss of grandchild)

Mary Catherine Ford is still looking for her Daughter, Lilly Tonkinson

If anyone knows where she is, please hand her a phone and ask her to call her mother please.

As you all know, Lilly is in an abusive guardianship and was removed from her home under false premises (promised more education and a safe place to live) instead, she has been isolated from her family and has been put in a string of abusive nursing homes where she has been beaten and sexually assaulted and not provided with medical or dental care.

Her mother worries constantly about her and she is heartsick.

Please help Mary and Lily, if you can.

She was last seen at New Trails in Albany Missouri.

thanks

 

joanne

From Ken Ditkowsky–still no justice for 94 year old Mary G. Sykes, murdered in guardianship in Cook County, Illinois

kenneth ditkowsky

10:59 AM (10 hours ago)

Each case stands on its own merits and even though the facts are similar they are distinguishable and different.
In the case dishonest judges, we are dealing with serious allegations and serious breaches of fiduciary relationship.   More important, in the case of guardianship frauds and elder cleansing we are also dealing with felony offenses against the federal health care system – such as the 700% fraud surcharge/medicare fraud.   The amounts of money stolen are so enormous that in asking for any HONEST INVESTIGATION  we are striking a blow at the genesis of the WAR ON THE ELDERLY AND THE DISABLED and all its side issues, i.e. theft of assets from ‘wards’, recovery of funds used to pay for appointment to the bench paid to Democratic Committeeman and DNC operatives to purchase judgeship (Chicago, Miami, New York, etc), graft and illegal remuneration for extra-ordinary serves – normally called bribes *****.
The ‘COVER UP’ is so necessary that here in Illinois JEROME LARKIN and his cadre of lawyers lacking moral conscience orchestrated kangaroo proceedings to strip any lawyer who pursuant to Rule 8.3 and 18 UsCA 4 to even think about an investigation of the elder cleansing scams to be suspended from the practice of law.    The Illinois Supreme Court rubber stamped.
 
As I’ve indicated to everyone — The assault on America’s core values for profit by the corrupt members of the Elite Political and judicial clans is so well entrenched that it is almost invulnerable.    
 
Seizing on cases such as the MARY SYKES CASE  09 P 4585 The Court record is so obscene that the breach of the public trust is NO ONLY OBVIOUS but obscene.    A cursory review of the file connotes dishonesty in every phase of the proceedings that crosses all lines of integrity.  The total lack of jurisdiction 755 ILCS 5/11a – 10 is connoted by the Sheriff who denies serving any summons on Mary.   The admission that no notice on the next of kin was even attempted (Sodini) hammers the jurisdictional avoidance home.    The total lack of the hearing required by section 3 and 10 of the act alert even a Jurist who is deaf, blind, and suffering from advanced dementia that DUE PROCESS was denied to Mary.   (it is amazing how successful Larkin was in preventing an investigation and in selling the idea that exposing judicial corruption was akin to “yelling fire in a crowded theater. – It is also amazing that the ABA, ACLU, et al could care less!)
 
Federal Rule of Civil Procedure 11 and its State equivalents allow the dishonest jurist a potent weapon to make his/her exposure a dangerous proposition for a pro se litigant.   As the facts do not matter in the ‘wired’ Court proceeding the judge can and will award his buddies and 18 USCA 371 co-conspirators attorney fees — remember – the facts do not matter, the judge has made up his mind!    Attorney Goodman (Arizona) found out about this when he tried to ferret out justice for his clients who were subject to elder cleansing.   Breaking him financially was not a problem  – NO ONE CARED!    the WAR ON THE ELDERLY is to lucrative for the criminals who are taking over our judicial system to overlook!    
 
A new administration was recently elected by people who want that HONEST INVESTIGATION and if the facts are as we suspect they are, HONEST PROSECUTION and the removal of the scum from public office and the judiciary.   (We can expect that the ACLU and the ABA will be ready to protect the miscreants who prey on the elderly and the disabled!)  

Sheriff Dart’s Employees continue to refuse to provide copies of Service Papers to Litigants

As most of you know, in the past, when the Mary Sykes case was going on, a fun thing to do was to as Sheriff Dart’s offices for proof of service on Mary when the case was going on for 5 years and she was never served.

The first time you do it and ask how Mary could have been guardianized and a case was running in Cook County for years without jurisdiction, all the employees go nuts and that’s fairly entertaining (of course, Judge Stuart should have just dismissed the case, but she’s long gone.  No clout for her.  But someone pretty powerful is protecting Justice Maureen Connors because she ran the Sykes case for years without jurisdiction and when the stuff hit the fan, she got promoted to the Court of Appeals!  Too funny.  But that’s how it works in Crook County.  You really screw up a case, there’s only 2 ways to go, one is out the door and the other is getting promoted).

So, just so you all know, today a probate court corruption client went to Room 701 and asked a Sheriff Dart employee for a copy of the Service papers on his mother, and that was met with a “you have to get a court order.”

Excuse me?  Either this person is covering up another lack of jurisdiction judge (Quinn), or Sheriff Dart needs some serious retraining of people in Room 701. Since 6th grade student in Illinois must pass an US Constitution test, perhaps this person never made it beyond 6th grade?

Court records and Service records are supposed to be public, not private, in an open, free and transparent democracy.

I hope someone from Room 701 reads this and posts it in that office on Monday.  Better yet, if you, my dear reader, are going down to the Daley Center on Monday, please print out a copy of this blog page and drop it off and ask whoever comes to the window in 701 to post a reminder to everyone that unless a case is sealed, Service Records are public and not private information. They are public property and not private property of the employees working there.

This is ridiculous.  Over and over, scores of posts on this blog have been on the issue of Service, Jurisdiction and copies of Court/Service files, and THERE IS STILL A PROBLEM?

I just don’t know how to say this any clearer.  The judge cannot take jurisdiction of a case until a person (defendant or respondent, generally) is properly served.  Service records are clearly public and belong to the public and should be accessible during normal business hours for inspection and copying.

In reality, all of this stuff should have been been put online back in 2000 and made available to the public.  That’s when the Federal Courts went to Pacer and put all their stuff online.

Dorothy Brown has been asked over and over to put all her court records online for 8 cents per page or less.  This has been going on for years.

Sheriff Dart should put his Service records online for 8 cents per page or less.

It’s time to end the moniker Crook County.  People are sick of this nonsense and we want and deserve better, much, much better.

JoAnne

Looking for volunteers to move 2 disabled persons in Chicago

Please call me if you can help.  Because the one is moving into a senior housing high rise, we have to move Mon to Fri, 9 to 5.  Please call me or text me if you can help 773 255 7608, or email me at justice4every1.com.

the move will be an ongoing process.  They have until the 15th to get out of their old place and into a new one.

The woman is about 60 and is very nice, just had eye surgery and is suppose to be on bed rest for another 5 weeks.  She did not get housing and is looking for a reasonably priced apartment or roommate situation.

The man has limited speaking ability, is paralyzed on one side and suffered a stroke/aneurysm at age 30 and he is now 62.

Both are on SSI disability.

If you can help, please contact me.

Thanks so much and take care.

Love and Light, namaste,

Joanne

From MG: Jury awards $16.4 Million in abusive guardainship–it’s about time.

From the Palm Beach Post

Advocates for guardianship reform clamored in vain for years that Florida’s system failed to properly protect incapacitated seniors, that its primary purpose had been perverted to line the pockets of greedy attorneys and professional guardians with the hard-earned life savings of the elderly.

Now they can point to a new federal verdict awarding a whopping $16.4 million in a lawsuit claiming that two West Palm Beach attorneys breached their fiduciary duties while running up “unnecessary and excessive fees” of $1 million.

“It’s really kind of a landmark case,” said Julian Bivins, who brought the suit as the personal representative of the estate of his father, Oliver, a Texas oil man. “It sends a message to these unscrupulous lawyers and guardians that they are not going to be able to get away with it anymore.”

The Bivins guardianship case emanates out of the court of Circuit Judge Martin Colin, the subject of an investigation by The Palm Beach Post into the judge’s conflicts of interest because his wife is a professional guardian.

Colin in open court had heaped praise on the attorneys who lost the case and refused to hold a hearing to decide whether the attorneys had “secretly” kept money from the sale of one of Oliver Bivins’ properties in an escrow account for more than a year, according to court documents.

The Post’s award-winning series featuring Colin, Guardianships: A Broken Trust, resulted in an overhaul of guardianship rules in Palm Beach County. Colin retired last December after he was transferred from the Probate & Guardianship Division because of The Post’s reporting.

Weeks after The Post published, Julian Bivins filed a motion to disqualify Colin, saying his concerns about the “close-knit atmosphere of the Guardians, their attorneys” and Colin had been “glaringly brought to light” in the stories.

Held captive?

The younger Bivins said he felt his father was “held captive” in South Florida by the guardianship so the attorneys could liquidate real estate assets — including a New York City Upper East Side mansion — and charge more fees. Colin granted an emergency order prohibiting the senior from returning to Texas.

The jury found on July 28 that attorneys Brian M. O’Connell and Ashley N. Crispin of the Ciklin, Lubitz & O’Connell firm not only breached their fiduciary duty but committed professional negligence.

The lawsuit claimed they failed to get appraisals on two high-end New York City properties being divided among family. They were not of equal value and as a result, Julian Bivins ended up with one that was worth millions less than other.

The jury’s decision to award $16.4 million makes up the difference.

But the fight over the property is far less important to reform advocates than the fact that attorneys who carry out the wishes of professional guardians and are paid with the ward’s money were held accountable.

“This case in one of the longtime hotbeds of guardianship abuse is a tipping point,” said Sam Sugar, director of Americans Against Abusive Probate Guardianship.

“This first salvo sends a serious message not only to the predatory guardians and lawyers who have been exploiting families all over Florida for decades but especially to the probate judges without whose complicity these cases could never happen.”

Oliver Bivins died at age 97 in March 2015. He ended up in the court-ordered guardianship when he visited his condominium in Palm Beach in 2011 and a social worker became concerned with his well-being, according to court documents.

Oliver Bivins appeared to be coming to Florida for a weekend vacation, leaving his refrigerator in Texas fully stocked, plaintiff attorneys told the jury. His son said he often didn’t visit his Palm Beach condominium for years at a time.

The verdict takes a further step toward re-establishing that attorneys are supposed to represent the incapacitated ward, not the court-appointed professional guardian — a position many lawyers have argued in court to thwart families trying to rein in a fee frenzy.

“If it wasn’t for me, they would have completely depleted my dad’s estate,” said Julian Bivins, who now lives in Palm Beach. “I’ve been fighting them from the beginning to just get him back to Texas. Finally, I got him back there 35 days before he passed away.”

As with many family members who challenge the status quo in guardianship in Palm Beach County, Julian said he found himself relentlessly attacked in court. He was even sued by one of the guardians in the case, Curtis Rogers.

The biggest toll, he said, though, was his relationship with his father as Rogers told the elder Bivins that his son only wanted his money. “He turned my dad against me,” Julian Bivins said. “I could never explain to my father how he was being held for ransom, how they wouldn’t let him go.”

The Ciklin firm said it is confident it can prevail on post-trial motions in front of U.S. District Court Judge Kenneth Marra.

“We think the verdict was not in keeping with the law or the facts and, in fact, was considerably more than the plaintiff even asked for,” said Alan Ciklin, the firm’s managing partner. “We feel pretty good about our ability to have this reduced dramatically.”

Rogers, one of two professional guardians dismissed as defendants in the lawsuit, testified for more than two days at the trial. He told The Post he believes the younger Bivins financially took advantage of his father. “The verdict was a total shock to me,” he said. “I anticipated there was no way that type of verdict could be made.”

It may come as a shock to Judge Colin, as well.

Colin during a Feb. 3, 2016, hearing in the guardianship case bristled at the suggestion that the Ciklin Lubitz firm was not acting as a good custodian of Bivins’ assets. The senior’s son questioned why the firm had failed to turn over $472,000 from the sale of his father’s commercial property in New York City, requesting Colin refer their actions to the Florida Bar or keep them from holding onto the money.

“The Ciklin Lubitz law firm has a well-earned reputation of honesty. And this is honesty,” Colin said in court. “Not for a moment do I have any concern because their reputation is well-earned in this respect.”

Colin denied Julian Bivins’ request without hearing any evidence but ordered the firm to return about $400,000.

An attorney for Julian Bivins filed a motion to disqualify Colin because of those statements, but the judge denied it.

“We never got anything done in his court,” Julian said. “We complained about the amount of the fees and he (Colin) cut them down 25 percent, but then we had to pay their fees for them to defend those fees. So they just made it back.”

Guardianship Catch-22

It is in this Catch-22 that families often find themselves when trying to decide whether to fight unethical actions by a professional guardian: Either way they pay, and either way the lawyers’ wallets grow fatter.

The guardianship issue is being looked at by a task force formed by Florida Supreme Court Justice Jorge Labarga. The state Legislature established the new Office of Public & Professional Guardianship as a result of lobbying by advocacy groups and others about lawyers and guardians siphoning off fees.

Attorney Greg Coleman, past president of The Florida Bar, wrote to the work group in June to alert it to “inappropriate, improper and illegal activities of a very small number of Florida attorneys” practicing in the guardianship arena.

“Unfortunately, the way guardianship statutes and rules are currently constituted allows for a window of exploitation by bad attorneys and bad guardians for their own personal monetary gain,” said Coleman, who was not associated with the Bivins guardianship or any of the relating litigation.

Coleman said everything is moving in the right direction for seniors. “The issue has the (Florida Supreme) Court’s attention, I can tell you,” he said. “It is not something that is being ignored or swept under the rug.”

Dominoes falling?

Sugar’s grassroots-group based out of Hollywood was the force behind legislative reform last year. He said the verdict in Bivins is a sign “the dominoes are starting to fall.”

Several years ago Sugar could barely get a conference with key Florida lawmakers. Now his group has spearheaded legislation and made guardianship an issue around the country. Sugar pointed to the recent federal indictment of a professional guardianship firm in New Mexico, charging the owners with stealing millions from seniors, as an example that justice could be done for these seniors.

Attorneys who represented the Bivins family — Charles D. Bavol and Ron Denman of The Bleakley Bavol law firm in Tampa — compared the trial to a climactic brawl from the movie Rocky. The Ciklin defendants knocked out their expert witness and cited attorney-client privilege in refusing to turn over crucial emails between the Ciklin lawyers and the guardians. The son’s testimony persuaded the jury, his lawyers said.

“What the defendants did in this case was wrong,” Denman told the jury. “It was legally wrong, what they did was ethically wrong, and what they did was morally wrong.”

Bavol and Denman said the verdict builds off a 2015 state court appellate finding out of Palm Beach County, ruling that the guardianship attorneys’ duty is to the incapacitated adult, not the professional guardian.

The 4th District Court of Appeal in recent years has reined in circuit courts in Palm Beach County that reform advocates say patently favor professional guardians and their attorneys. Still, advocates such as Sugar say they hear about abuses almost daily in the guardianship courts.

Bavol and Denman said the verdict underscores the need for accountability from guardians and their lawyers.

“Based on this significant jury verdict and the ongoing investigative journalism in Southern Florida concerning professional guardianships, the need for reform of the guardianship system to protect Florida’s elderly citizens is again underscored,” the lawyers said in a news release.


 

From Ken Ditkowsky on Mandatory Arbitration in Nursing Home Law

Subject: Re: MANDATORY ARBITRATION as to NURSING HOME DISPUTES” – IT IS TIME TO DRAIN THE SWAMP!
Date: Aug 9, 2017 9:56 PM
We have several issues in regard to the nursing home situation.
The most important issue is the care of sick people.    By in large unless the patient has no serious illness and has an advocate everything is expensive but good.    However, the more reliance that is placed on the facility the more dis-satisfied is the patient and his/her family.
A Second Issue is the care of victims of elder cleansing, seriously ill patients, and long term care patients.    This is the major source of problems.   The problems cover the waterfront.    This is the place where a nursing home operation can either have serious cash flow problems or be a cash cow.    Mr. Jaycox came into the quagmire because of MEDICAL MALPRACTICE. – i.e. he was given a drug which had a side effect that went undetected (the cause of the malady – side effect – was undetected.    No medication could treat the side effect as the doctors kept prescribing the drug that was creating the side effect.  Of course the nursing home (and its doctors) never put two and two together and thus joined in the malpractice.    Ditto for the RN’s – who really were a figment of the imagination of the State of Illinois and the operators of the nursing home.
This medical malpractice should not be the subject of arbitration.   The nursing home solved the problem.    They just obtained prescriptions for high powered sedatives and pain killers – probably opioids – forgot to put up the protective bar and waited for Jaycox to fall out of bed.   He did.   The first time he hit his head, however, the second time he broke his hip.   The sedatives slowed down Jaycox’s complaints and disabled him.   A shrink was brought in to perjure himself claiming that Jaycox was incompetent.    The shrink exposed his deception and fraud.     The consent for the operation to repair the broken hit was given by the Shrink to Jaycox to sign.   Swedish Covenant Hospital accepted the competency of Jaycox and did the operation to repair the now broken hip.
The guardianship hearing stalled when on cross examination the deception was revealed.   Jaycox then = almost immediately – suffered an aspirated pneumonia.     He was fed while in a prone position and food particles were aspirated into his lungs.    THIS WAS FATAL!
No arbitration is effective to deal with this criminal behavior on the part of the nursing home.    NB.   Of course it did not matter — complaints to Illinois authorities appear to be ignored.   Jaycox’s body was cremated almost before it got cold!     I wish I could say that the Jaycox saga was an anomaly – IT IS NOT!
iSSUE 3 – RUN Of the Mill incompetence and malpractice.    As the injured party is old and has a limited life expectancy the five years plus or minus that it takes to get a case to trial is hardly appropriate.    Here arbitration might be something to consider.
Issue 4 – Pure fraud cases — here no arbitration is appropriate.   ******

Ken Ditkowsky

www.ditkowskylawoffice.com

All that any lawyer wants is a level playing field.    The current prospect in most of the cafeteria courts (from Probate to Traffic) is deplorable.    In the probate courts, and in particular guardianship proceedings we have as an example the MARY Sykes 09 P 4585 (Cook County, Illinois) as an example.    755 ILCS 5/11a – 10 sets the jurisdictional standards.   The presiding jurist, on page 91 of her evidence deposition freely admitted that she was wired, and the court record piece by piece connotes a conscious attempt to deny the victim any semblance of due process.   Corrupt ruled supreme and with the aid of 18 USCA 371 conspirators continues to prevail not only in the Sykes case but dozen of other situations – not only in Illinois but in most States of the Union.
As citizens become aware of their rights, lawyers are filing lawsuits to seek redress for the multitude of injuries received by the casualties of the WAR ON THE ELDERLY AND THE DISABLED and the Opioid addiction that is fast becoming a stable in the ELDER CLEANSING scenario.    Opioids turn the elderly very quickly into zombies.   As Zombies they are very manageable and maximize profits.
Getting to Court takes years.    Arbitration is almost immediate; however, it can be misused.  The argument is expressed in the following article.      My problem with the article is the fact that it does not address the fact that the corruption is so pervasive that it is not unusual for the nursing home moguls to have Judges on their payroll as well as scores of judicial officials.   It also appears that many of the people who are fighting arbitration are political elite who profit greatly by the corruption in the Courts that is eating away America’s core values.
Remember Philip Esformes – a small potato in the Nursing home industry, was indicted only for his South Florida operations in which he stole a BILLION  dollars from Medicare.   How much has been stolen in other nursing home operations in Chicago, *******.    Take a look at the which candidates the more prominent nursing home operators donate large sums of money — just about every pol who is against the Administration'[s position is on the list!    Coincidence?

ABA, senators ask CMS to rethink mandatory arbitration in nursing home admissions contracts

POSTED AUGUST 8, 2017, 3:12 PM CDT

Shutterstock.com

The American Bar Association has asked that a proposed Centers for Medicare & Medicaid rule authorizing mandatory, pre-dispute arbitration in long-term care admissions contracts not be implemented.

In a letter (PDF), sent Monday to administrator Seema Verma, the ABA advocated for CMS retaining its current rule, which prohibits long-term care facilities from entering into binding arbitration agreements with residents until after a dispute arises.

The Trump administration introduced the proposed rule change in June. That was in response to a 2016 Health and Human Services rule under the Obama administration that prohibited federal funding for nursing homes requiring residents to resolve disputes in arbitration. A motion filed by various nursing home groups to block enforcement of the rule was granted in November by a U.S. district court judge in Mississippi. The ruling was appealed, however, in June, the court granted a joint motion to stay (PDF) district court proceedings, pending completion of proposed rulemaking.

If implemented, the proposal would harm residents’ rights and interests, the ABA letter states, and the current rule fits the recent U.S Supreme Court interpretation of the Federal Arbitration Act. Some believe the high court’s May 17 opinion(PDF) in Kindred Nursing Centers v. Clark prohibits bans on pre-dispute binding arbitration in long-term care admissions contracts, but that view is “mistaken,” the ABA letter states. In the Kindred opinion, the court found that under the FAA, arbitration agreements may only be found invalid based on legal rules that would apply to any contract.

“While Kindred clearly prohibits singling out arbitration agreements for disfavored treatment, nothing in the court’s reasoning or under the terms of the Federal Arbitration Act require singling out arbitration agreements for favored treatment. Yet, that is exactly what CMS is doing by its proposed total embrace of mandatory pre-dispute arbitration provisions in admissions contract,” Thomas M. Susman, director of the ABA’s Governmental Affairs Office, wrote in the letter to Verma.

Also, 31 U.S. senators, led by Al Franken, D-Minn., and Ron Wyden, D-Ore., have asked that the CMS rethink the proposed rule.

“Forced arbitration clauses in nursing home agreements stack the deck against residents and their families who face a wide range of potential harms, including physical abuse and neglect, sexual assault, and even wrongful death at the hands of those working in and managing long-term care facilities,” reads the letter (PDF), which was also sent to Verma on Monday. “These clauses prevent many of our country’s most vulnerable individuals from seeking justice in a court of law, and instead funnel all types of legal claims, no matter how egregious, into a privatized dispute resolution system that is often biased toward the nursing home. As a result, victims and their families are frequently denied any accountability for clear instances of wrongdoing.”

It may be that the regulation or lack thereof is premature.     Maybe we need HONEST and vigorous enforcement of the Law and the punishment of the criminals who have created a 700% fraud surcharge on the cost of health care.
Small Potato Philip Esformes stole a billion dollars from Medicare.    How much have the larger potatoes stolen?      We want a level playing field.    If we have judges who are dishonest  – as was noted in the Sykes, Gore, wyman, ** cases – *******

On Tuesday, August 8, 2017, 5:23:17 PM CDT, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:

Reading “fake news!”

Not all ‘fake news’ involves the Political field – it is everywhere and anywhere.    The propaganda machine works 24 hours a day.    Sometimes the approach is obvious, other times it is subtle, and yet on other occasions the facts are recited just a little bit off center so as to create a false impression.    As you know because of certain litigation involving nursing homes, and a stretch at representing the principals of a few nursing homes I got to view the bodies.

I ran across the following newspaper article.     My comments are in red:


Quality Care warns of receivership for big U.S. nursing home chain (HCP)

Reuters

 Jul. 21, 2017, 04:42 PM

By Tracy Rucinski

CHICAGO, July 21 (Reuters) – U.S. healthcare landlord Quality Care Properties Inc said on Friday that it can seek receivership for the country’s second-largest nursing home chain, HCR ManorCare, after it failed to make a $79.6 million payment for current and past rent.       Comment:   there is a progression in the nursing home business.     The initial business model creates a wholly owner (Eron style) operation.  (venture 1)  This business owns the land for about a decade and is an integrated operation.    Toward the end of the first cycle the business’ return on capital commences to decrease.     For Phase 2, another group of investors is brought into the picture and they lease the property from Venture 1, with an option to purchase.     This phase has two elements  – a) wherein there is a lease arrangement and b) wherein there is an ownership relationship.    This phase also is about a decade long, and again the business is sold to Venture 3.   Venture 3 mirrors Venture 2.    Because of deterioration in the infra=structure and thus the appearance of the property the clientele becomes at each juncture a little less prosperous.     The venture that is being discussed in the article is property a Venture 5, 6, or 7. (or group thereof)

In a statement, Quality Care said it had delivered a notice of default to HCR ManorCare, its main tenant, regarding the missed payment, which Quality Care said triggers immediate payment of $265 million in additional overdue rent.     Comment:  this gambit is typical – it induces the investors to be more adaptable and more willing to accept payouts.

HCR ManorCare spokeswoman Julie Beckert declined to comment on the threat of receivership.

U.S. nursing homes have struggled to reconcile a tumultuous, low-margin business with declining reimbursements and increasing costs for medical supplies, insurance, aging buildings and litigation.   Comment: Notice the loaded word: “low-margin”      With the Nursing home moguls supplying all the materials for operation, the expenditures are very adjustable.    The Utilities are supplied by Multiuit.    Operation Draiman can set prices at will.    At one point in time he choose not pay his supplier and went into Bankruptcy himself.    In a similar manner the Nursing home moguls own a company that supplies nurses, another linens, another pharmaceuticals,  another janitorial, another insurance, another management ******.    Want a profit – lower the costs of supplies!   Want a loss – raise the costs.     The profit and loss is all fictional.     The real costs unadjusted are about 2000 a month, and the billings in excess of 7000 a month for the welfare clients to 15 – 20,000 a month for the better heeled.    (Physical Therapy for instance in many of the Venture 2 and 3 homes consists of placing the patient in a wheel chair and letting him/her sit in front of the television for an hour or so.    In the 4 homes, it is sufficient to wheel the patient out in the hall.

To protect their investments, lenders and landlords of distressed healthcare operators can ask the courts to appoint a receiver to take control of the business in the event of a default.

In the case of Toledo, Ohio-based HCR ManorCare, Quality Care said the default allows it “to terminate the master lease, appoint receivers or exercise other remedies with respect to any and all leased properties.”   Comment:   This persuades the investors to take just about anything for their interest.

Quality Care, one of the largest U.S. healthcare landlords, last month said it was seeking up to $500 million to acquire HCR ManorCare. On Friday it said it remains in talks with the skilled nursing home operator about the default and other matters.       Comment:   how many of the investors in Quality care are also investors in HCR ManorCare?     Obviously a search of names will not reveal that information – but, an HONEST INVESTIGATION *****

HCR ManorCare — which also operates assisted living facilities, memory care communities, outpatient rehabilitation clinics and home health care agencies across the country — confirmed ongoing discussions with its landlord.

In addition, HCR ManorCare received a $550 million loan from Centerbridge Partners this week to repay an existing term loan and outstanding loans, Beckert told Reuters in an e-mail.

Quality Care Properties was spun off from HCP Inc, a large healthcare real estate investment trust, in 2016 as HCR ManorCare was in decline.   Comment;  here we go – confirmation of the change in Venture!

Private equity firm Carlyle Group bought HCR ManorCare in a 2007 leveraged buyout for $6.3 billion and sold the properties to HCP for $6.1 billion in 2010. (Reporting by Tracy Rucinski; Editing by Tom Hals and Leslie Adler)

The impression given by the article was that one of the nursing home groups was in serious trouble and faced possible involuntary liquidation.      Such would be a possibility if in fact there was interaction between non-related competitors of such a nature.        Here in Chicago, the group of nursing home moguls is quite small  and has a religious orientation.      The group that I investigated has an orientation that claims to be Jewish Orthodox.     A neighbor (in Sauganash) works for a group that has a different religious orientation.      Both groups are aware of each other and there is a degree of co-operation.     My experience is solely limited to the Jewish group.     However, it is my understanding that the reach of the Moguls that I am familiar with extends one way or another into the nursing homes of the other groups.

A person who has not had the opportunity to examine the operations of the ‘for profit’ nursing home operation, but who has some knowledge of business would be seriously misled by the article.   The loaded word: “ thin margin” is completely verifiable as  every cost is augmented for Janitorial to nursing care.     If you are into fiction, you will believe that there are Physical Therapists treating every resident twice a day, speech Therapists falling all over themselves, and kosher gourmet food served 3 times a day.   Visit a nursing home and observe the wheel chairs lined up around the television set, or the patients doped to the gills lying in bed developing bed sores.     One thing you will find – almost every patient is being tranquilized at great expense and real doctors are as rare as moon landings.

That said, there are ‘special care’ patients.     These individuals are  people with ‘clout’ or in the facility for a short term.   Knee operation and similar patients are given royal treatment.     The get real food and real care – of course they also have family advocates who wander in at hours of the day and night.   A family advocate has no problem making trouble and unless his/her ward is treated with respect et al serious problems can and will occur.    In certain situations, the family advocate might actually have more clout than the nursing home operator = and then ******.

Visit a nursing home at a time when you are not expected to visit.     Make the visit a surprise, and get  away from the areas wherein the staff is comfortable with you present.

The ‘fake news’ story will become evident.         “Fake News” does not have to be Political and does not be directed at President Trump.      It is what we used to call propaganda or misleading.      It has been around forever, but today much of it is protected by POLITICAL CORRECTNESS and the balance by pure clout.    The article supra is just part of the ‘fake news’ chain.     We do not have the entire chain as you and I are not the targets, except, the nursing home industry is embarrassed by the obscene profits that they earn and the disclosure of their activities.    This does not mean that they will not continue to bring in the vote for the political elite and cease being a source of extra income for Judges, *****.


On Tuesday, August 8, 2017, 11:42:37 AM CDT, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:

When I heard that one of the cabal of ELDER CLEANSERS here in Illinois in league with the Public Guardian’s office was trafficking in the “homeless” that lived on lower Wacker Drive in Chicago, I was stunned.    When I checked out to allegation and satisfied myself that it was true, I had to sit down and contemplate the gravity of the situation, to wit:

1.       the cabal had no respect for the RULE OF LAW and or humanity.    We had right here in the beast of America our own version of Nazi and Communist terror.     The horror of the Alice Gore case had not subsided  – i.e.  a guardian at litem directing the pulling of 29 perfectly healthy teeth to garner the few grains of gold therein contained. And

2.       Official entities of the STATE OF ILLINOIS were actively aiding and abetting the criminal human trafficking.     I, of course, knew that in the Mary Sykes case the attorney for the guardian appointed sans ‘due process” and both the Guardians at litem were alumni of the Public Guardian’s office.     I also knew that the ‘elder cleansing’ of Mary Sykes 09 P 4585 and the accompanying theft of government health care funds was aided and abetted by the Illinois Attorney Registration and Disciplinary Commission – a entity under the supervision of the Supreme Court of Illinois.

However, up until known the malevolent activities of STATE OF ILLINIOIS entities was clandestine.       The evidence was circumstantial – though obvious.        The incidents in which there is a direct tie-in between the corrupt public officials (usually State employees) and the criminal element up until the most recent of times has been more implication, conjecture, and speculation.     Public officials were ashamed to be observed fostering “ghost” employment,  bribery schemes, trading of favors, etc.     The Judicial elite at the very least tried to maintain an appearance  of integrity.      Indeed, misrepresenting a SCOTUS decision was subtle and the author of the misrepresentation actually read the case.     In the JoAnne Denison Petitions, Jerome Larkin in his Petition to the Supreme Court of Illinois seized on one of the rejected arguments in the SCOTUS Alvarez case and cited it as the SCOTUS’ ruling.

Of course, Larkin never apologized to either Ms. Denison or the Court for his obvious misrepresentation of the Alvarez  and Sawyer cases.     The state of morality in the State of Illinois had been reduced to the nadir and the RULE OF LAW and the Constitution were mere technicalities.     The Soviet Gulag had reached its full maturity.    Indeed, the media, the civil rights organization, the legal associations (such as the American Bar Association, Illinois Bar Association, Chicago Bar Association) et al were silent.   Some actually appeared to be denigrating citizen and lawyer efforts to defend the Rule of Law!    The ABA, when it appeared that comments were running 100% against its preferred position of attornment to the most corrupt members of the Judicial and Political elite, shut down the comments and ultimately removed their article.     THE ASSAULT ON THE CONSTITUTION OF THE UNITED STATES OF AMERICA, the CONSTITUTION OF THE STATE OF ILLINOIS, the RULE OF LAW and the Canons of Ethics (Rule 8.3) was attorned to by the American Bar Association AND the opinion makers.

The foregoing is terrible – however,  in my previous e-mails I beaten this dead horse before.     The foregoing is in the category of “old news!”      What is not in the category of old news is an explanation of why this category of political correctness not only prevails but flourishes.

Again, it is old news that the corrupt jurists, both elite and not so elite find the profit motive for their criminal conduct quite compelling.     In Seth Gillman’s hospice and MEDICARE FRAUDS  the profit motive was not only obvious but Gillman confessed.       Other members of the ELDER CLEANSING fraternity also have given statements to the Federal Law Enforcement authorities and recruited State political and judicial leaders with shares in the profit venture.      The obviousness of the profit is connoted in the indictment of Philip Esformes.     He is charged with stealing a billion dollars! from Medicare.     His venture with Omnicare is also the stuff the legends are made.        It is interesting to note that the cabal operates the very same type of operation that Esformes was operating in South Florida and not one of the members of the cabal has been charged here in Illinois or even charged with not paying income taxes on the booty.   (booty being the funds stolen from Federal health care and from the individuals who come into the ‘care’ of the unholy operators of sheltered care facilities)

When the family of Alice Gore, shocked and stunned by the quest to prospect for gold in the mouth of grandmother Alice Gore asked one of the nursing home operators – HOW CAN YOU BE SO CRUEL?    His answer is classic, to wit:

“Because I can.”

The answer:  “Because I can” begs the question.    Of course he can.    In the Mary Sykes case 09 P4585 (old news) the presiding judge in the case admitted that she was bribed (i.e. fixed, wired – see page 91 of her evidence deposition).      Her punishment:  she was elevated to the Appellate Court of Illinois in recognition of her service to the WAR ON THE ELDERLY AND THE DISABLED.       The two guardian ad litem who ‘covered up’ the fact that 755 ILCS 5/11a – 10 was almost completely ignored by the Court, the attorneys, the two guardian ad litem, the media, law enforcement *****, were rewarded with a “ tax exempt” share in the booty stolen from the Mary Sykes Estate and very substantial fees from the Estate.         The co-conspirators, such as Jerome Larkin and his lackeys at the IARDC, still continue to silence mention of the rampant ELDER CLEANSING  going on at the Circuit Court and it is assumed that they do not perform their extraordinary services for ‘free!’       18 USCA 371 has not as yet been applied to them, and they are all laughing at us (the great unwashed) as they currently enjoy the illegal fruits of the WAR ON THE ELDERLY AND THE DISABLED.

The words: “because I can” also are telling as they point out the malady of the system.     How can it be that a group of people ‘temporarily in power’ can exert such nefarious influence on the lives of the ELDERLY AND THE DISABLED.     Indeed, no one is exempt!      Any person, including the members of the corrupt Judicial and political elite can be literally stolen off the street to be ELDER CLEANSED!        Even the man who uttered the words: ‘because I can”  can be a victim of this horrific trafficking in the elderly and disabled Americans.      (Yes, even President Trump can be a victim – in fact some of the cabal have been quite candid as to their efforts to enroll him into the legends of zombies created by the ELDER CLEANSERS.

The words “because I can” also connote the fact that few escape the cabal and the gulag.    Upon entry into a sheltered care facility, the victim is administered a tranquilizer – usually an Opioid.     This administration provides the victim with aid in adjusting to his/her new surroundings.      The addictive effects are an added bonus to the gulag effect and reducing the victim to a zombie keeps the costs of operation of the elder cleansing facility profitable.     It also assures that come election time, the elder cleansed individual VOTES for the right political candidate.

Unfortunately, the answer to the query is not subtle and not profound,  to wit:

 Dr. Roland Borrasi chuckled as he told three doctors how he used kickbacks and cash bribes to shuttle unsuspecting nursing home residents into Chicago-area hospitals and psychiatric wards.

 

“Basically, I have a commodity; my commodity is nursing home patients,” Borrasi explained.

 

Indeed,  Dr. Borrasi ‘s simple explanation was very candid and accurate.      Even though a decade plus has passed since the revelation was granted,  Federal Administration after Federal Administration has kept its distance and allowed the elder cleansing racket to florish.     It is true that

 

He (sic Dr. Borrasi)  didn’t know it at the time, but federal agents were secretly recording that meeting.

 

One of the doctors was wearing a wire as Borrasi matter-of-factly explained the mechanics of patient brokering to physicians in his medical group.

Those recordings, along with court documents and federal investigative reports obtained by the Tribune, describe a web of corruption in which hundreds of thousands of dollars flowed among doctors, nursing home executives and hospital administrators as the facility operators sought to fill their beds with a steady flow of destitute patients.

 

What did the media do with the information?       What did law enforcement do?     What did the Courts do?      The answer is N O T H I N G!  to speak up, though to be fair, the Chicago Tribune reported:

 

While taxpayers paid millions of dollars in fraudulent  Medicaid and  Medicare bills, one  Alzheimer’s patient was given inappropriate brain radiation treatments, a Borrasi associate told federal agents. A second patient, a disoriented elderly woman, was sent to an acute psychiatric ward after she refused to eat in her nursing home dining hall, another medical professional told federal agents.

“The fact that … greed subordinated the care of elderly and infirm patients who really needed it is horrific at best,” federal prosecutors wrote in a court filing earlier this year after Borrasi was sentenced for accepting more than $500,000 in kickbacks to steer vulnerable patients. Prosecutors described “the scope and breadth of the bribes” as “extraordinary .”

 Thus, in Summary – we, the great unwashed, are a commodity!     Therefore, just like peaches, and nuts we are there for the  Political and Judicial Elite to exploit – or be the victims of human trafficking.    The 700% fraud surcharge i.e. 7 dollars for every dollar spent on health care to the political sophisticated is a small price to pay for the “billions” of health care dollars that will flow into their pockets!      It does not matter if you call the vehicle OBAMACARE, TRUMPCARE, MEDICARE, MEDICAID **** the vehicle for those who consider themselves the “best and the brightest” to unjustly enrich themselves is a fact of life.

Supra and Infra may both be politically incorrect, but America elected PRESIDENT DONALD TRUMP to end this façade.      The concept of cleaning the swamp means more than replacing the cancer, but restoring the integrity of health care and eliminating the profit from the corrupt political and judicial leaders who have fostered elder cleansing and the WAR ON THE ELDERLY AND THE DISABLED.      Health care is supposed to aid in the treatment of disease and illness – it is not a tool for human trafficking, exploitation and abuse.     We, the great unwashed have a vital stake in putting the health care cabal out of business not only here in Illinois, but in every State in the Union.


On Tuesday, August 8, 2017, 9:51:59 AM CDT, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:
Chicago Summer:
Since you are not an attorney your expose of corruption in the Illinois courts cannot be labeled by Mr. Larkin and the Illinois Supreme Court as being akin to yelling fire in a crowded theater.    However, even though the people you are exposing are all PUBLIC FIGURES and commenting on people who run for election cannot claim defamation protection, in the Cook County environment you can expect and will be subject to harassment by those who have breached their public trust and those who act in conspiracy with them.
It is the total lack of a moral compass that the Political and Judicial elite display that prompts me to forward you e-mail to law enforcement and DEMAND that Illinois officials do their sworn duty and provide you with EQUAL PROTECTION OF THE LAW and in particular protect your FIRST AMENDMENT RIGHTS.
 
Illinois is on the verge of Bankruptcy and losing population because of the rampant corruption that this State enjoys.   The WAR ON THE ELDERLY AND THE DISABLED rages with the aid and comfort of the POLITICAL AND JUDICIAL CLASS and elected officials and the Illinois Department of Revenue FUND THE PERFIDY by ignoring the INCOME TAX LIABILITY that the co-conspirators jointly and severally are liable.     
 
The Medicare Fraud that was exposed in the Philip Esformes indictments in South Florida are rampant here in Illinois – however, there are no Illinois indictments!   Indeed, the ELDER CLEANSING scandals abound and billions of dollars are stolen from guardianship estates and there are not taxes paid by either the miscreants or their co-conspirators.   In the Mary Sykes case over 3 million dollars was removed by the villains and NOT ONE DIME of taxes was paid or assessed!   The miscreants and their co-conspirators laughed and still laugh all the way to the Bank – HOWEVER, the ILLINOIS TAXPAYER has to pay more Income taxes, taxes on his Pepsi, taxes on gasoline, taxes on his purchases of sundries and food, taxes on *******.   (Indeed, the two guardians ad litem in the Mary Sykes case, the guardian in said case, Mr. Larkin and all the other co-conspirators walked away allegedly with about 3 million dollars  – see Gloria Sykes affidavit) tax free.    The Medicare funds paid unnecessarily also were TAX FREE.    Even the gold stolen from the mouth of Alice Gore is tax free!)
 
My demand for an HONEST INVESTIGATION published in PROBATE SHARKS cost law license suspensions for both JoAnne Denison and yours truly — Yes the action taken by the authorities was wrong – BUT the RULE OF LAW has been abrogated unilaterally by the corrupt POLITICAL AND JUDICIAL elite.     Such is the bottom line.
 
Democracy is not a spectator sport – here in Illinois it is a high wire action without a net! I copied Federal and State authorities and by this memo beg for them to MAKE AMERICA GREAT AGAIN by just enforcing the RULE OF LAW without discrimination and with an eye to making us (the great unwashed) equal in the eyes of the LAW to the REINING MEMBER OF THE POLITICAL AND JUDICIAL ESTABLISHMENT!
 
  

On Tuesday, August 8, 2017, 2:27:31 AM CDT, chicago summer <summer.chicago@yahoo.com> wrote:
I want to let you know that my next site on wordpress to expose corrupt judges like John C. Griffin is up and hopefully running, you can see at at Corrupt Judge John C. Griffin. 
The next step is to create another site on  blogspot; and for a better exposure consider the option to purchase a BILLBOARD space (I plan to create a fundraiser on gofundme.com  for it, a large billboard on prime location is about $5,000.00 per month, which is not affordable for me.

I also want to share a very informative Blogspot page, thanks to those who spent all their time and efforts
And share an article how much taxes pay millionaires in San Francisco on their community property – $14.00 PER YEAR – which their HOA failed to pay.
The first question – how Feinstein and Pelosi can afford a million-dollar house if they paid about $160K per year? No surprise that they cannot pay common area taxes – all money invested in the houses.
Second – HOA failed to pay taxes for years – where are residents’ dues?
SAN FRANCISCO (AP) — These days, the price of a San Francisco home can easily top a million dollars. But one savvy investor has bought up a whole street in the city’s most exclusive neighborhood for a mere $90,000.
Trouble is, some of the extremely wealthy residents of Presidio Terrace were not aware their street was up for sale and are not pleased it has been sold.
Presidio Terrace is an oval shaped street sealed off by a gate from the tony Presidio Heights neighborhood. Lined with towering palm trees and multimillion dollar mansions, the street has been home, over the years, to famous residents including Sen. Dianne Feinstein and House Democratic leader Nancy Pelosi.
 
Thanks to a city auction stemming from an unpaid tax bill, Bay Area real estate investor Michael Cheng, and his wife Tina Lam, bought the street and now own the sidewalks, the street itself and other areas of “common ground” in the private development that, the San Francisco Chronicle report ed, has been managed by the homeowners association since at least 1905.
Cheng says reaction to the sale has been less than neighborly.
“I thought they would reach out to us and invite us in as new neighbors,” Cheng told The Associated Press. “This has certainly blown up a lot more than we expected.”
It turns out the homeowners association for Presidio Terrace failed to pay a $14-a-year property tax, something that owners of all 181 private streets in San Francisco must do, the Chronicle reported.
So the city’s tax office put the property up for sale at the cost of $994 in an online auction to regain unpaid back taxes, penalties and interest. The couple eventually won the street with a $90,100 bid in an April 2015 auction.
Scott Emblidge, the attorney for the Presidio Homeowners Association, said in a letter to the city that the owners failed to pay because the tax bill was mistakenly being sent to the address of an accountant who hadn’t worked for the homeowners association since the 1980s, the Chronicle reported.
Emblidge said the residents didn’t know their street was put on the auction block, let alone sold, until May when a title search company hired by Cheng and Lam reached out to ask if any residents had interest in buying back the property.
That was one of several options Cheng and Lam have considered for making the investment pay off.
Another option is to charge residents to park on their street — and rent out the 120 parking spaces that line the grand circular road.
“As legal owners of this property, we have a lot of options,” Cheng said, adding that nothing has been decided.
The matter could be headed for court.
Last month, the homeowners petitioned the Board of Supervisors for a hearing to rescind the tax sale. The board has scheduled a hearing for October. The homeowners association has also sued the couple and the city, seeking to block Cheng and Lam from selling the street to anyone while the city appeal is pending.

 

News on Appellate efiling and please write Dorothy Brown

For those of you that are facing an appeal, your Record on Appeal can now be filed on line. (Hint: this is the easy new part).  Go to the Dorothy Brown Clerk of Court Website and click on Appellate efiling.

Now that was the easy part.

Next are filing the Record on Appeal (once you get it) online and the Docketing Statement.

So you go to the Court of Appeals/Supreme Court website and you try to find the portal.

You click on “ebusiness”.  No apparent portal.

So here’s the secret (and this is proof of too many corrupt cases and don’t dare file an appeal and we’ll put your screwed up case in a non citeable “Rule 23” Opinion), you have to click on one of “The Choices” for efiling in the 1st district court of appeals.

Now you can click about a dozen links on the SCOI/court of appeals website and go no where.

This process is about as obscure as it could be.  There is no “easy” button on efiling the 1st district court of appeals, nor is there any “click here stupid” link.

What is wrong with a “click here stupid to file your 1st dist. court of appeals stuff”?

Nope, they’re not going there.

So here is the secret:

Go here:  http://efile.illinoiscourts.gov/service-providers.htm

I guess this is good, there is competition and you can compare benefits.

I’ll give you a hint, choose the first link, the fee is free. Free is good for my indigent/middle class clients.

Odyessy does a good job, but once you get there, you will never remember the URL, so bookmark it. If you don’t know how to use a bookmark, ask a kid or someone under 30, or call me. I won’t even make fun of you like those under 30 will.

Set up an account and bingo, you can efile your Docketing Statement and your briefs.

If you click from the Dorothy Brown Clerk of Court website, you can get to Pat O’brien’s Chief of Appeals website to upload your transcripts (assuming the court provided a court reporter and you can afford to pay for them, or better yet, you got a private court reporter and don’t have to worry about someone changing them, or the court reporter was unlicensed, like they do at the IARDC–the ARDC will NEVER live that down, as long as I am alive and that will be for quite a few more decades thank you attys Larkin, Smart, Opryszek, Splitt and others. Go for it, you turned the ARDC into a circus with your prosecution of the only real, honest attorney out there).

So here is the secret to the new stuff and appealing all those corrupt probate, child custody and foreclosure cases.

Call me if you have tech problems or want to report those miscreant attorneys and judges now.  That’s what I do now and I do it for free. Just a donation. Free is always the best, esp. if you are making min. wage or nearly that.

Illinois can no longer be for the clouted, wealthy and elite. The people have to take it back.   And that means supporting the attorneys that work for free or low cost (me). I am the real thing, and no, the ARDC can’t stop me from helping everyone, the best I can.

Has the ARDC helped you?  Has the ARDC given you your money back when attorneys take it and don’t do the work?  Probably not. They don’t care, but they’re supposed to do that and protect the public.

Help me in turning the State of Illinois honest and accountable today.

Support this work. Search for me for grants.  I am here and I am not going away.

I turn away no one, I help everyone.  I do as much as I can do.

peace and light everyone

Joanne

From Ken Ditkowsky–the 1st Amendment applies to everyone

To:
Subject: Re: Fw: The First Amendment applies to every one.
Date: Aug 7, 2017 9:37 PM

Since the Presidential Election many of us have noted a distinct attempt by the mainstream media to denigrate any action taken by the current Administration.       It thus must be anticipated that the prosecutions of the criminals who are carrying on a WAR against the Elderly and the Disabled will not receive accolades.     Indeed, in the very same manner that the Judicial and Political elite have enthusiastically endorsed the forfeiture of FIRST AMENDMENT RIGHTS of those who object to the 700% fraud surcharge on Health care  we will see a campaign to inform us (the great unwashed) just how wonderful it is to be addicted to Opioids in sheltered care facilities as a prelude to our dehumanization and forfeiture of our estates.

The Alice Gore and Mary Sykes guardianship cases loom large in Illinois!     However, the 18 USCA 371 cover-up so far has been successful.     No one has been prosecuted for the murders of these grandmothers and not one dime of Federal or State Income Tax has been assessed on either the booty or the Medicare thefts.   Obviously,  this health care fraud is under the current administration of Cook County, Illinois exempt from even a “look see!”     A request for an “HONEST INVESTIGATION” or the exposure of corruption in the Courts (especially the Probate Division) is akin to “yelling fire in a crowded theater.”     (you cannot make this stuff up.   Jerome Larkin the administrator of the Attorney Disciplinary Commission (IARDC) so wrote to the Illinois Supreme Court.   They issued an order of interim suspension for the attorney exposing judicial corruption and then followed through with a three years suspension of her license.   The villains who were murdering their elderly victim were lauded and paid handsomely – out of the Estate – for their villainy!      Our Illinois government made it very clear – they would rather increase taxes on the public than to interfere with the ELDER CLEANSING operations conducted in Illinois.

It appears for my searches of the Internet that this Administration in Washington is seriously following up on the fraud complaints and is making efforts to defeat those who are promulgating and conducting the WAR AGAINST THE ELDERLY AND THE DISABLED.       The wall of silence has been raised, but, the high profile case against  Philip Esformes will commence in the Spring.     As the interest in the billion dollar theft from Medicare is high, it is safe to assume that some rogue publications will report on the trial and the clandestine efforts to tilt the playing field.     Expect a campaign by the press to paint Mr. Esformes as the savior of the Western World and the benefactor of  minorities and the disadvantaged.

Of course lost in the efforts to discredit the prosecution you will not be reminded of the fact that the health care bandits consider you and I as a commodity.      Not long ago one of the Chicago Newspaper stated:

 Dr. Roland Borrasi chuckled as he told three doctors how he used kickbacks and cash bribes to shuttle unsuspecting nursing home residents into Chicago-area hospitals and psychiatric wards.

“Basically, I have a commodity; my commodity is nursing home patients,” Borrasi explained.

He didn’t know it at the time, but federal agents were secretly recording that meeting.

One of the doctors was wearing a wire as Borrasi matter-of-factly explained the mechanics of patient brokering to physicians in his medical group.

Those recordings, along with court documents and federal investigative reports obtained by the Tribune, describe a web of corruption in which hundreds of thousands of dollars flowed among doctors, nursing home executives and hospital administrators as the facility operators sought to fill their beds with a steady flow of destitute patients.

While taxpayers paid millions of dollars in fraudulent  Medicaid and  Medicare bills, one  Alzheimer’s patient was given inappropriate brain radiation treatments, a Borrasi associate told federal agents. A second patient, a disoriented elderly woman, was sent to an acute psychiatric ward after she refused to eat in her nursing home dining hall, another medical professional told federal agents.

“The fact that … greed subordinated the care of elderly and infirm patients who really needed it is horrific at best,” federal prosecutors wrote in a court filing earlier this year after Borrasi was sentenced for accepting more than $500,000 in kickbacks to steer vulnerable patients. Prosecutors described “the scope and breadth of the bribes” as “extraordinary .”

 

If you fool me (the great unwashed), shame on you; however, if you fool me a second time – shame on me!.        When the Esformes indictment came down in Florida, it should be noted that the Chicago press was very frugal with the dissemination of this major news story.     In fact,  it still is not letting the public know of the latest indictment.    This was for bribing inspectors who were assigned to make certain that 100% of the time the nursing homes met or exceeded the statutory requirements.

Philip Esformes is expendable.     He is ‘small potatoes.’      The large operations here in Chicago (and in other major cities) are still being protected.       Yes, he – like Seth Gillman – may be sacrificed to save the more important operators – who have more clout!   But,  America’s salvation is at stake.     We have to protect the RULE OF LAW and work diligently to protect our society from those miscreants (and particular the political elite) who would sell us out for a few pieces of silver and a few votes.

Democracy is not a spectator sport!      Here in Illinois school children  have difficulty naming the names of five governors of our State who have not gone to JAIL!      We still have one governor in jail!      The motto of our pols is “from the Statehouse to the jailhouse’ or bust!


On Monday, August 7, 2017, 2:53:06 PM CDT, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:
What I was thinking of was you filing a formal petition directed to the Governor and the Supreme Court of Illinois , along with copies to everyone in sight, demanding not only the reinstatement of your law license, but a FULL AND COMPLETE INVESTIGATION of the 18 UsCA 371 cover-up of elder cleansing.

The ‘fraud’ committed by Jerome Larkin and the IARDC in attempting to silence you was outrageous and a serious stain on the reputation of the entire legal profession of this State of Illinois.   Larkin not only misrepresented the facts of In re: Mary Sykes -09 P 4585, but Supreme Court of the United STates decisions and the transcript of proceedings  – as well as he was not candid about his own conduct – i.e. hiring a non-licensed court reporter.

The actions of the judicial officials – i.e. the judges, the GALs, the attorney for the petitioner et al were criminal acts.   The cover up was another criminal act.    The United States of America is involved as Mary Sykes was placed in a nursing home and other sheltered care facilities unlawfully and without reasonable necessity.   The net is a theft of Medicare and Federal Health care funds. 
 
The mere incorporation by reference of the Circuit Court of Cook County file 09 P 4585 should alert any competent lawyer to the fact that the protections required in 755 ILCS 5/11a – 10 in reference to Mary Sykes were not complied with in any way.
 
1) There was no service of summons according to the Sheriff.   In fact, the record reveals that the Petitioner (and her attorneys) knowing that Mary Sykes had been kidnapped and taken to DuPage County, Illinois directed the Sheriff to serve Mary in Cook County.   A quick search of the clerk’s records will indicate that the form of summons required by 755 ILCS 5/11a – 10 was not handed out to attorneys.
 
2) the required 755 ILSC 5/11a – 10 service of prior notice of hearing on next of kin was never even attempted or contemplated by the petitioner or her attorney.
 
3) There was no hearing as to Mary Sykes’ competency – yet, Adam Stern is reported to have prepared an order appointing a plenary guardian knowing that the required hearing was not had.  Judge Connors, who on page 91 of her evidence deposition admitted to being wired, signed the order also knowing that all the protections of 755 ILCS 5/11a – 10 were ignored.
 
Mr. Larkin has in his files the affidavit of Gloria Sykes  – Gloria and Mary had a joint safety deposit box.    In that affidavit she avers the theft of a million dollars in gold coins.   This asset was never inventoried!    Why did Larkin refrain from investigation of their theft.  In fact, Larkin at the IARDC filed motions to quash discovery of the theft of items from the safe deposit box, but Gloria Sykes prevailed and uncovered reports indicating the Plenary Guardian had in fact drilled out the safe deposit box without a court order and emptied it.
 
Of course Mary Sykes died during captivity –  did she die of natural causes, because she was still protesting her captivity, or because the last dollar that could be extracted had been taken into possession of the guardian?    All Totaled over 3 million dollars has found its way into the miscreant’s pockets.   Larkin’s overt action was the cover-up!     He has proved his culpability by the manner in which he has conducted himself.    Had Larkin nothing to hide, he would have been happy to request an HONEST INVESTIGATION.    Hell – he would have hired a licensed court reporter and certainly NOT misrepresented the decisions of the SCOTUS.    He would have had no stake in the proceedings and thus it would not matter to him if we were disciplined or not.    A quick look at file 09 P 4585 would have caused him to bring charges against his stooge, the two guardians and Peter ****.    He also would have made criminal referrals to the States Attorney of Cook County for the theft, obstruction of justice and perjury. 
 
You have taken on the task of helping so many people who have become victimized by the health care fraud – your task would be simplified if you had your license back.    I respectfully suggest that you publicly demand JUSTICE for yourself.

Ken Ditkowsky

www.ditkowskylawoffice.com

Dear Ken;

You are right and I have made recent demands to the US DOJ to prosecute these crimes and all the stolen money and the conspiracies to fleece estates and murder elders and the disabled.  If you are old or sick, you are an easy target.  They shoot fish in a barrel, now, don’t they?

Just this last week, I have heard of the murder of yet another abused probate victim, Mrs. Ilwanna Lahoody who was sentenced to hospice against her will, she contracted yet another bout of an UTI and pneumonia, and life saving antibiotics were denied her because, “well, don’t you know, she is in hospice”.

Apparently hospice has become the latest version of EMTALA or patient dumping act where the poor, elderly and disabled may be neglected.  (see, EMTALA, below)

Mrs. Lahoody was a devout Roman Catholic. She did not believe in Hospice or failure to treat.  She was isolated from her Protective, caring son for years by an evil court cabal because the son and mother were left $600k by dad a decade ago.  So what did the court do?  They invaded a joint account without a court order, Petition, Notice or Hearing.  Money is money, no matter how it is stolen.

In Illinois, we could not treat an elderly cat or dog like this, or we would be hit with Cruelty to Animals, but it happens all the time to the elderly and disabled in guardianship.  Their death sentence, without years of appeals, is now called hospice.  Confine them to bed with alarms, don’t let them get any fresh air or sunshine, feed them crappy food and soon, they will lose all hope and die.

No one will call an ambulance any longer when they are sick.  I am sure they don’t even pass out band aides in hospice.

Another case I just heard about is poor Mrs. FP.  She has Stern for a GAL and Quinn for a judge (the same judge that stood by and takes weeks or forever to get ER care for a critically ill woman.  I guess when a judge ignores please for weeks and days on days that an elder needs immediate ER care, her response is “emergency orders take 3 days.”)

THREE DAYS?!?!?!?!  These are the elderly, the disabled.  They should have court on the weekends to be sure the GALs and “guardians” aren’t murdering someone.

Getting back to Mrs. FP.  She wanted to live in her home until she died with her son caring for her there.  So what did evil sis do?  She granny napped her to the Joliet area, Mrs. FP was never served in accord with the Illinois Probate Act (no reading her rights, no leaving a sheet of her rights and how to challenge the guardianship), and in addition, I am told a certain GAL how goes out to visit and instructs the elderly/disabled they must NOT go to court!

This is how GALs are trained now?  To directly violate human and civil rights?

Two words:  bar complaint.

Long story short ,Mrs. FP’s home is a goner, her small savings, everything.  Of course, evil sis who was appointed guardian no longer has any desire to care for her and wants to put her in hospice/nursing home.

No one would ever believe what I do for a living.

The protective family members are always in tears, they are emotionally wiped out from ruthless, greedy judges and lawyers.

And, did a certain lawyer, Mr. JP ever file a Sodini motion when he learned no one was served/notified of the hearing?  Of course not!

Let’s pray for them all and that justice and human and civil rights will become an important part of our nation’s court system.

Joanne

The Emergency Medical Treatment and Active Labor Act (EMTALA), also known as the “Patient AntiDumping” statute, is a Federal statute intended to prevent Medicare-participating hospitals with dedicated emergency departments from refusing to treat people based on their insurance status or ability to pay.

This means if you can get an elderly or disabled person to the ER, they MUST TREAT.  Except for poor Mrs. Brouckmeersch, at age 94, a state employee couldn’t wait to tell an NMH doc “don’t treat, return her to the ER” where of course she died the next day, leaving her Protective Daughter in tears over the abuse.  All Mrs. Brouckmeersch needed was an IV and a blood transfusion.  This was because previously NMH had overdosed her on heparin, and now they were going to murder her to cover up the abuse/malpractice.

 

Email snooping on your spouse–is it legal? Nope says the 7th circuit

From Law 360 and my friend Nejla Lane:

Wife Violated Wiretap Act With Email Snooping, Jury Told

Law360, Chicago (August 1, 2017, 8:02 PM EDT) — A wife who allegedly read her husband’s email for years violated the federal Wiretap Act while trying to gain leverage over him during their divorce, counsel for the husband told an Illinois federal jury Tuesday.

In opening arguments on the first day of trial in Barry Epstein’s lawsuit against his now ex-wife Paula Epstein, Barry’s attorney, Nejla Lane of Lane Keyfli Law Ltd., told jurors Paula set Barry’s email to auto-forward to her account in violation of the Wiretap Act and the Stored Communications Act, among other statutes.

Barry didn’t know his email was being read until the divorce was underway, Lane said, because he had an expectation that Paula was not using his computers or logging in to his personal account. But Paula got details she claimed were evidence Barry was having an affair, which she used in an attempt to humiliate her husband as the divorce went on, Lane said.

“She did this to gain control over Barry, to gain access over his entire life,” she said.

In 2014, several years into their divorce, Barry sued Paula after he received discovery that he said showed she was intercepting the emails he received and sent.

U.S. District Judge Thomas Durkin granted Paula’s motion to dismiss in April 2015, pointing to timestamps on the disputed emails that he said showed a lag time between when Barry’s account sent the email and when Paula’s account received it. The gaps indicated there was no auto-forwarding rule, he said.

But the Seventh Circuit revived the suit in December, saying Judge Durkin hadn’t given Barry Epstein time to investigate whether the emails were intercepted contemporaneously, as some circuits have said the Wiretap Act requires.

“The allegations against Paula,” Circuit Judge Diane Sykes wrote in the appellate court’s majority opinion, “technically fall within the language of the act, though Congress probably didn’t anticipate its use as a tactical weapon in a divorce proceeding,”

On Tuesday, Lane told the jury that Barry and Paula had entirely separate computers and entirely separate email accounts. But Paula used his computers and turned on the forwarding while Barry was out of the house or away on business, collecting about 200 of his emails over a six-year period, she said.

She filed for divorce after she learned from the emails she read that Barry was planning on leaving some of his money to various charitable causes after his death, Lane said. Rather than allow that to happen, she tried to use the material she collected in a divorce to get a more favorable settlement, an act worthy of punitive damages, Lane said.

Paula’s attorney, Scott Schaefers of Brotschul Potts, didn’t deny that Paula had read Barry’s emails but told the jury his client was the one who was being extorted.

Paula came across the emails when using the computers in the couple’s home, which were shared, Schaefers said. Barry never closed his email, he added.

She forwarded herself several individual emails she believed were evidence he was having an affair, and confronted him about them in other emails, Schaefers said. She used language identical to what she saw him write to the other women, making it clear she had read his email, he said, but Barry didn’t care until the divorce threatened to split up his money.

The fact that Barry heard that language and knew his emails were compromised — but did nothing to stop Paula — means he gave his consent, Schaefers said. Consent overcomes any statutory violations Barry alleges, he said.

And the fact he knew means the statutes of limitations on these claims have already expired, Schaefers added.

“It’s a lot of hooey,” Schaefers said.

Barry Epstein is represented by Nejla Lane of Lane Keyfli Law Ltd.

Paula Epstein is represented by Scott Schaefers of Brotschul Potts.

The case is Barry Epstein v. Paula Epstein, case number 1:14-cv-08431 in the U.S. District Court for the Northern District of Illinois.

–Editing by Joe Phalon.

Epstein v. Epstein et al

Case Number

1:14-cv-08431

Court

Illinois Northern

Nature of Suit

890(Other Statutory Actions)

Judge

Honorable Thomas M. Durkin

Date Filed

October 27, 2014

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Couple Settles Wiretap Act Suit Over Email Snooping

An Illinois federal jury won’t get to debate whether a wife’s alleged use of an auto-forwarding rule to snoop in her husband’s email constitutes a violation of the Wiretap Act, as the now-divorced couple settled their suit Wednesday.

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Secret Email Forwarding May Violate Wiretap Act: 7th Circ.

Secretly setting an email account to forward messages it receives and sends could be grounds for a violation of the federal Wiretap Act, the Seventh Circuit said Wednesday, a decision the court acknowledged could expand the use of the act beyond Congress’ original intent.

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Latest News

More on the Ayundando case–how the family criminal business operated. From NASGA

Who guards the guardians? Ayudando was a family affair

Posted: 02 Aug 2017 05:13 AM PDT

Ayudando Guardians Inc. opened its doors with two nurses and a medical records expert in 2004. It was formed, according to its website, “due to the enormous need for guardians and conservators in the State of New Mexico.”

The nonprofit Albuquerque-based guardian and conservator firm – now accused along with its principal owners of looting millions of dollars from client accounts – grew over the years.

And, the company increasingly became a family affair.

Newly unsealed federal search warrant affidavits describe how Ayudando – described in one federal document as “permeated by criminal activity” – began hiring more and more relatives of its two principals, Susan Harris and Sharon Moore.

Three family members, in addition to Harris and Moore, had their own Ayudando credit cards and over a four-year period racked up more than $1 million in personal purchases, court records allege.

Two of the three family members serve on Ayudando’s board of directors, drawing salaries of at least $56,000 a year, a 2015 IRS tax form shows. Each of the three relatives racked up tens of thousands of dollars in credit card charges from 2013 to March 2017, one affidavit states.

The purchases “do not appear to be related to Ayudando clients,” said one affidavit stated. “The credit charges appear to be personal expenses such as cruises, hotels, casinos, automobiles, furniture and other personal expenses.”

The affidavits identify the three relatives as: Harris’ husband, William Harris, Craig Young and Cody Harris. They have not been charged.

Susan Harris and Moore were arrested after a 28-count federal criminal indictment was unsealed July 19. The company was also indicted.

Several Ayudando employees who became confidential witnesses in the case told investigators that Ayudando appeared to be putting “more and more family members” on the payroll and “the business owners and their families appear to be living lavish lifestyles with expensive vehicles and expensive vacations,” one affidavit states.

The organization was tightly run by the family insiders. Affidavits allege that some non-family employees had their access to client accounts cut off – meaning they lost their ability to monitor transactions and balances.

There was even a file room at the company’s Central Avenue offices that non-family members were barred from entering, an affidavit alleges.

Mission gone awry

Ayudando’s web site sets out a lofty mission statement.

“As a provider for the State of New Mexico,Veterans and private individuals, Ayudando employs an experienced team of licensed social workers and rehabilitation specialists.”

“This diverse group is able to assist our clients with their everyday needs as well as providing assistance in managing their financial needs.”

Details emerging from the yearlong federal investigation describe a different kind of operation.

Federal agents made detailed allegations in affidavits seeking search warrants to obtain company records and, more recently, sought permission to seize a 2018 K-Z RV Durango Gold 5th wheel RV purchased in late June of this year by Harris and her husband of 27 years, William Harris. They allegedly bought the RV using proceeds from an illegal scheme to embezzle funds from clients, some with special needs, according to an affidavit filed July 24.

Harris, 70, and Moore, 62, have pleaded not guilty to charges of money laundering, mail fraud, conspiracy and aggravated identity theft that allegedly dates back to 2006. Both women were ordered released from federal custody under certain conditions and after posting property bonds Friday.

Both have homes in the Tanoan Country Club area in Albuquerque’s Northeast Heights. An attorney for Moore didn’t return a Journal phone call. Robert Gorence, who represented Susan Harris at her detention hearing, had no comment. Efforts to reach lawyers who have represented the firm in the past were unsuccessful last week.

A spokeswoman for the U.S. Attorney’s Office in Albuquerque declined to comment on whether the family members named in the affidavits or anyone else will be charged in the case.

The arrests of the two women coincided with a federal restraining order against them and 11 others, barring their entry into Ayudando offices at 1400 Central SE without prior approval from the U.S. Marshals Service. Several of those are believed to be family members of Sharon Moore or Susan Harris.

“Based on the widespread indications of criminal activity, centered around Ayudando’s core bank accounts and affecting all categories of its clients, it appears Ayudando is permeated by criminal activity,” said one IRS agent in seeking a July 12 search of Ayudando offices. “Efforts to restrict the search to certain client files would be futile and could result in substantial under-collection of evidence of criminal activity.”

Federal agents who executed the search removed more than 476 boxes of documents along with computer hard drives from the business.

Accidental discoveries

The affidavits chronicle how over the past year at least four employees, referred to as confidential witnesses, came forward with information about the alleged embezzlement. The affidavit refers to them as “walk-ins.”

They told federal investigators how they discovered that Ayudando client funds were disappearing. At least twice, according to one affidavit, the employees found out by happenstance while company owners appeared to take steps to keep their activities hidden.

For instance, the affidavits say:

⋄ One employee accidentally wrote a check for client services from a client’s Veterans Affairs money market account. The check bounced, and, when she called the bank, she was told the money market account had been closed due to insufficient funds. According to the bank, there had been about $100,000 in transfers from the client’s VA money market account into other Ayudando bank accounts.

⋄ Employees who work as representative payees – managing monthly client pension or benefits checks from the VA or Social Security – didn’t normally have access to Ayudando petty cash account. But several months ago, an employee accidentally got access to that account “and saw that there were lots of payments from the petty cash account to the Ayudando owners and their family members. There was also a $75,000 payment to an American Express card from the petty cash.”

⋄ At least two confidential witnesses reported that their prior access to VA clients’ savings or money market accounts had been taken away several years ago. That kept them from seeing the balances. They had access only to a client’s checking accounts.

⋄ One employee alleged that she had a client who died about four or five years ago and who was missing about $30,000 from his account. The confidential witness told investigators the deceased client had money “that should have been returned to Social Security.” After she asked defendant Moore if the funds had been returned, the employee “lost access to that client’s account, and doesn’t know if the money was ever returned.”

⋄ One relative of Ayudando president Susan Harris who works as a guardian is alleged to have taken about $22,000 in client funds from two different clients and failed to provide receipts to show where the money went. Such client advances require that guardians submit receipts. When informed about the issue, Moore told the employee in charge of the accounts that she would “take care of it.”
Stealing from veterans

The indictment singles out the cases of 10 veterans the government contends were victims of the alleged embezzlement scheme. Information in the affidavits suggests there could be several dozen more clients whose accounts were illegally tapped.

For instance, one employee told federal agents that one developmentally disabled client was missing about $30,000 from his account.

Another employee discovered on Jan. 24 of this year that 25 clients were missing a total of about $70,000 from their accounts.

Still another employee told investigators “that she deals with mostly Social Security income clients who have limited income and financial resources. She stated that “she has some clients who are children that are missing money.”

The indictment alleged that the defendants diverted more than $4 million from petty cash and client reimbursement accounts to pay off credit cards used to pay for luxury vacations, vehicles and more.

The July 12 search warrant affidavit also stated, “Additional large, unusual and questionable checks were written to pay for additional items that do not appear to be related to client accounts.”

Missing private cash

“Guardianship/Conservatorship services may be needed when someone is incompetent to manage his or her own financial affairs and/or personal care, and has no viable alternative method of delegating these duties to another,” the company web site states.

About 166 of Ayudando’s clients in New Mexico receive such state-funded services, because they were deemed indigent or met other eligibility requirements. The company also had dozens of “private pay” accounts, according to court records.

The affidavits allege that more than $1 million was missing from at least eight “private pay” client accounts. An employee, referred to as confidential witness #2, was responsible for managing Ayudando’s client bank accounts, paying client bills, selling client assets such as real property and automobiles, and attending court as part of the conservatorship process.

That employee alleged that Moore, the chief financial officer, allegedly took about $700,000 from one client’s estate. The estate was supposed to be settled in February 2017 and the employee became concerned that “it wouldn’t be possible to close the estate if there was money missing.” She said Moore recently returned about $220,000 to the estate, but the money came from four other client bank accounts. Another $500,000 was still missing, the employee reported to federal agents.

Full Article & Source:
Who guards the guardians? Ayudando was a family affair 

From Joanne;
My only question is why it takes years for the FBI/HHS to go after these scams and schemes.
And why are the two ladies who stole millions out on bail by just by pledging their homes? They stole millions, probably have more offshore, and yet they can just pledge their home and they are free?  That’s insane.
With millions socked away offshore they can easily hire private transport and be in the Caribbean in just a few hours.  Both the US DOJ and the federal court are to blame for that one.
Esformes wants bail for stealing a billion dollars from the US govt, and he whines he cannot get it.  But even millions taken from our most vulnerable citizens, the poor and elderly, should get some scrutiny.  Plus now these ladies are out and can hide even more money from family members and the US Govt who should be paid back.
Just a thought.
Joanne

Cease and Desist Letter from Circuit Court Judge Diane Joan Larsen–why would she even care about this humble corruption blog?

So last week, I received a cease and desist letter from Judge Larsen of the Circuit Court.  I called right away to find out what it was about and asked for her email.

No response.

So then I drafted a letter in response.

She claims I published her “personal information” and that of her husband, which I don’t get, it’s all public information and SHE, not me, caused it all to be published with her own signatures and that of her husband.

It all runs smack dab up against the First Amendment to the US Constitution and the Illinois Free Speech clause.

She is making these douments public herself, by her own personal signature and her own personal actions.  She doesn’t want them on a blog.  I think it looks questionable.  Many of my readers think it all looks questionable.

She asks for a response in 72 hours and doesn’t give enough information, including the specific URL what is offending her and her husband.

Hmmm, more fish to look at.

She perfectly knows well the rule is now according to SCOI, you have to put your email on pleadings.  She has not sent me her email or any email at all.

But I have angels on my side and after a period of time and prayer, they got the entire situation to me, as they always do.

So, below is her letter, which I don’t get.  Why would she accuse me of divulging personal information when she well knows that the Cook County Recorder of Deeds puts property information on their website?  Seems strange.

It’s also relevant to her job and the right of the public to know who is taking salaries that are really taxpayer funds.

It’s nothing that should not be published every time the Sun Times recommends a judge or politician for that matter.  They recommend, they should publish property records in a discernible manner.

Here is her very strange letter, which I can’t figure out and which she has not responded to any inquiry.

State of Illinois
Circuit Court of Cook County
Chicago. illinoiS 60602
July 21, 2017

Joanne Denison

5330 W Devon Ave, #6

Chicago, IL 60646
It has come to my attention that you have published on the internet personal
information regarding myself, Including but not limited to information concerning my
residence. In accordance with the provisions of “The Judicial Privacy Act!’ (70S ILCS 90/2-5 et
seq.) (the “Act”), I hereby request that you cease and desist in publishing any personal
information regarding myself. I further request that you remove from any internet site under your direction or control any personal information regarding myself that has already been posted. This request specifically includes, without limitation, the personal information posted on the following web address http://www.Marygsykes.com.This judicial request also includes a request to cease and desist in the publication of any personal information of my spouse Edward Maliszewski and a request for removal of all such personal information posted to date.
To assist. you in compliance with the Act, I am enclosing a copy along with this
request of the Rule. Your prompt attention to this matter within 72 hours, in accordance with the provisions of the Act, is expected.
Respectfully,
Diane Joan Larsen
Judge of the Circuit Court
of Cook County
705 TLCS 90/2-5
Statutes current through the P.A. 100-19 of the 2017 Regular Legislative Session
illinois C01lf]JUed Statutes Annotated> Chapter 705 COURTS> JUDICIARY> Judicial Privacy Act>
Article 2. Civil Provisions
705 ILCS 90/2-5 Publicly posting It judicial officer’s personal information on tbe
Internet by persons, businesses, and associations
(a) Prohibited Conduct.
(1) All persons, businesses, and associations shall refrain from publicly posting or
displaying on the Internet publicly available content that includes a judicial
officer’s personal information, provided that the judicial officer has made a
written request to the person, business, or association that it refrain from
disclosing the personal information.
(2) No person, business, or association shall solicit, sell, or trade on the Internet a
judicial officer’s personal information with the intent to pose an imminent and
serious threat to the health and safety of the judicial officer or the judicial
officer’s immediate family.
(3) This subsection includes, but is not limited to, Internet phone directories, Internet
search engines, Internet data aggregators, and Internet service providers.
(b) Required Conduct.
(1) After a person, business, or association has received a written request from a
judicial officer to protect the privacy of the officer’s personal information, that
person, business, or association shall have 72 hours to remove the personal
information from the Internet.
(2) After a person, business, or association has received a written request from a
judicial officer, that person, business, or association shall ensure that the judicial
officer’s personal information is not made available on any website or subsidiary
website controlled by that person, business, or association.
(3) After receiving a judicial officer’s written request, no person, business, or
association shall transfer the judicial officer’s personal information to any other
person, business, or association through any medium.
(c) Redress.

History
Page 2 of 2
705 ILCS 9012-5
A judicial officer whose personal information is made public as a result of a
violation of this Act may bring an action seeking injunctive or declaratory relief
in any court of competent jurisdiction. If the court grants injunctive or
declaratory relief, the person, business, or association responsible for the
violation shall be required to pay the judicial officer’s costs and reasonable
attorney’s fees.
P.A. 97-847, § 2-5.
Illinois Compiled Statutes Annotated
Copyright © 2017 Matthew Bender & Company, Inc.
member of the LexisNexis Group. All rights reserved.
End of Document

Comment: my OCR/scan isn’t the best equipment because, as you know, I work on a budget being a not for profit and a 501-c-3.

the link to the original letter can be found here:

https://drive.google.com/open?id=0B6FbJzwtHocwVWZaVjFZeDlrTjQ

Here is my response.  I assume because she reads my blog, she will read my response here because she didn’t enclose a SASE or an email address and I called for one.  I would have asked her for a prepublication comment, but somehow I suspect she isn’t interested:

JUSTICE 4 EVERY1, NFPJUSTICE 4 EVERY1, NFP5330 W. Devon Ave. #6         JoAnne Denison, Executive Director*Chicago, IL 60646 Cell Phone 773-255-7608ph 312-553-1300 http://www.justice4every1.comfax 312-553-1307 JoAnne@Justice4Every1.comVolunteer: Lisa Scully, court corruption victim.

July 29, 2017
Hon. Diane Joan LarsenJudge, Circuit Court Cook County50 W. Washington St, Courtroom 2405Chicago, IL 60602
RE: Your Cease and Desist letter of July 21, 2017
Dear Judge Larson;
I called your offices to try to respond to your request in 72 hours, and asked for your email, but never received it.  Accordingly, I am responding by snail mail or my volunteer, who ever gets there first.
In the future, please put your correct address, including an email on all correspondence if you would like a prompt response.
To begin with, I had a great deal of difficulty in researching your request regarding your “personal information.”  You did not include a specific URL or printout of your allegedly offending material.  Accordingly, saying something appears on a blog with thousands of posts over 5 years with hundred of comments is like referring to finding a person with a common name in Chicago without a street address or phone.  We don’t generally publish any “personal information” and are not really interested in anyone’s personal information.  Our research and interests lie in that which occurs in public and which is part of the public records.
Unfortunately, with the internet, there is probably not much left on earth or in the universe that is likely no longer public, and I guess we all have to deal with that.
You additionally did not specify the particular URL to which you were referring to, nor did you enclose copies of the offending material.  However, since I have a lot of guides and angels to help me, even with your limited information, this did not take me too long, just a couple of days.
I initially did a search in the box on top of the website, http://www.marygsykes.com, but found nothing under your name or “Larsen”–just dozens of references to Michael Larsen’s book on court corruption, which I assume you are not concerned about.
Then it dawned on me to look at my Gdrive which contains a synopsis of judge’s records at the Recorder of Deeds which lists only public information summarized from there–warranty deeds, recorded mortgages and releases.  Although I did not specifically recall the reason why your property records were analyzed, there must have been a request from the general public.  Often people will complain about a judge engaging in activities they find to be suspicious, and ask for a analysis of Cook County Recorder’s Offices information, which I will often do.  If the results are or may be of interest, they are published on my blog as an example of suspicious financial dealing which requires further investigation, and also they are sent to the US DOJ and the FBI.
I do not recall the specific request for the analysis; however, the information published is not private or personal, but taken from readily available internet sources.  You will have to discuss the matter further with Karen Yarborough, Recorder of Deeds and her Website, but it my understanding that the Recorder of Deeds is required by law, and pursuant to Constitutional guidelines to keep the property records of a democracy free, open and transparent.  As a result, all the documents mentioned in the synopsis were put on public record with your consent or the consent of your attorneys and agents.  You, yourself, and your husband signed these deeds and legal instruments, knew they would be recorded publicly, and they were in fact made public. I had nothing whatsoever to do with that process.
Accordingly, I have to assert that this information, published anywhere on the internet and obtained legally and by law (other than what you cite) is protected by the First Amendment to the US Constitution and the Illinois Constitution.
While doing my research to find out how my blog, http://www.marygsykes.com is connected to your name, Diane Joan Larsen, circuit court Cook County Judge, while I found absolutely no connection on a Google search, I did find several nice articles on how you had supported some very progressive and helpful caselaw. One such article is where you struck down damage caps.  Good job.
But on the other hand, we do know that obtaining a judgeship in Cook County is not a badge of honor.  It is nefariously political in nature and too many articles show it to be highly suspect. It is said by some attorneys, the “bid” is now up to $150k or more. It is up to $250k for a federal judgeship. What is the quid quo pro for that?  Recently, a female attorney running for prosecutor in a small farming county was caught with $500k in her campaign fund.  What was that for?  In addition, all judgeships in Cook County go through Ald. Ed Burke, which is a real problem if any judge wants to assert the innocence of Ceasar’s Wife and claim that their position is not suspect in and of itself.
I hope you will continue to work as you did on the case which struck down damage caps in malpractice.
I hope you understand that asking me to take down information on a blog is a very serious matter in light of the US and Illinois Constitutions. My blog states clearly I subscribe to the Code of Ethics for Journalists, though I do not have a degree Journalism, for integrity purposes, nothing is removed from my blog.  I am not inclined to do anything about your Cease and Desist letter, but I do wish you would have emailed me first and sent me a complete URL so I could figure out what you were asking, but then again, it is fun to ask the angels, right?  They always seem to come through.
If you would like to have me publish or republish articles on your good works to protect Illinois citizens from over reaching by clouted corporations on my blog, I would be glad to do so. You are also invited to publish comments on posts.  That is your right and I grant you that right.  No reasonable requests are denied.
I am always interested in articles on how pro se litigants can be protected.  In particular, I really need articles on how it is a Constitutional right to proceed pro se in court and courts have to stop telling people they cannot appear or proceed without an attorney.  At $200-$400 per hour, a person who is disabled, elderly, sick or making minimum wage simply cannot afford an attorney and there are no private low cost or free attorneys (or no where near enough of them) to represent the disabled, elderly, sick and indigent or working poor. Legal clinics are a joke at best and completely ineffective.  It is the worst tragedy these pro se litigants rarely see any justice at all and they are routinely maligned, stabbed in the back and made fun of in court.  It’s sad.  Too sad.  Where is justice for “the people”?
I trust this dispenses with the issue of “personal information.”  You might want to review the case of In re Weddington (published elsewhere on my blog) where the 4th Dist. Court of Appeals Illinois in its concurring opinion gave an excellent history of the First Amendment, and stated that the courts have absolutely no jurisdiction over social media, which would include my Word Press blog.  Your information was public.  You even signed these documents and gave them to your attorneys to record on a public forum knowing they would be made public–for the rest of all eternity.  This information lost its “personal” nature years ago–but only at your personal, signed request.
You are welcome to write an article, which I will publish, on why your property records are innocent of any wrong doing or how they are personal information to be protected when you caused them to be published on a public forum.  You may also write an article on how the passing of $150k to the DNC is an entirely innocent action to obtain a judgeship in the Circuit Court of Cook County with no quid pro quo involved even though we already know that judges make only $150k to $180k annually, so what is the ROI on that one?   Sorry to be so skeptical.  I do not mean to be overly critical of the judiciary in Illinois.
I would like to know.  My blog fans would like to know.  We would like to know why judgeships are still being channeled through one entity–Ed Burke and that’s a troublesome name at best.
I personally would like to know, since you are a chancery judge, why chancery judges are routinely and wrongfully dismissing counterclaims by pro se litigants (Kang Hong Lee and Greg Groeper). I have a lot of questions for my readers but no answers so far.  Elena Federova wants to know why her counterclaims were routinely dismissed and why her small HOA fee turned into a loss of an entire condo with massive fees.  I want to know that too.  Doesn’t look too good, now does it?
In peace and light and many blessings,
Joanne Denison
cc: http://www.marygsykes.comTimothy Evans, Presiding Judge, via email

here is the full letter with footnotes:

https://drive.google.com/open?id=0B6FbJzwtHocwYzJiUWJVWEcxc2M

So, my dear blog fans, does anyone have any insight on her letter.  Why is Presiding Judge Timothy Evans even allowing judges to send out these letters which run right up against the First Amendment to the US Constitution and directly undermine it?

I have a lot of questions for her.  I assume she reads the blog.

Judge Larsen, you can email me at joanne@jutice4every1.com if you have a response and I would be glad to publish, or you can just post a comment below and I will be glad to approve it.

My readers want to know what this is all about. Why are you claiming that information already divulged to the public is private in nature.  Why are you sending out a cease and desist letter to me and not Karen Yarborough who has the original information.

And why isn’t the Chicago Suntimes and Tribune and Crain’s already digging into this stuff as a matter of routine, especially before they rate judges as “recommended” or “highly recommended”?  What about Judge Anne Loftus who wrongfully is part of denying Ken Ditkowsky’s First Amendment rights to publish corruption on this blog before she is “somehow” “recommended” by the Suntimes?  Do they not look at these issues?  People want to know.

When the Suntimes, Tribune or Crian’s recommends a judge, they better have investigated this stuff and made it public.  The public has a right to know.

And finally, I have absolutely  no idea why a powerful, wealthy, clouted circuit court judge would send me a letter, any letter at all.  I don’t get it.  I have no money, power, no wealthy clouted friends, I am a mother of 4 and a nerd with a degree in Thermo Mechanical Engineering.  You can’t get more benign than that one.  Why would she ever stoop so low to read my blog?  I don’t get it.  She should be sending her letters to those in control–the president, the whitehouse, the state governors, etc.  Really important clouted people with money who can help her ambitions. for power and wealth and influence  I have no ambition other than to help the poor, the elderly, the disabled and those in need.  I don’t care if they have money or not.  Pretty much no one has money or worse yet, any hope.  For sure, the people I serve have no money, power, wealth or clout.

I can’t figure for the life of me how such a lowly person got on the radar of someone very important, clouted and powerful.  Same with the ARDC, what’s all that about.  You would think the DOJ and FBI would investigate because it all looks so utterly strange.

Thanks

JoAnne

From Ken Ditkowsky–Other jurisdictions have problems in Probate Gships also

Calls for Court Reform as Legal Guardians Abuse Older Adults

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Richard and Terri Black at their home in Cornelius, N.C. CreditTravis Dove for The New York Times

Terri Black had always planned to care for her widowed father in her home if he ever became too frail to care for himself. In June 2013, Mrs. Black, an only child, decided it was time: Her father’s longtime companion in Las Vegas had informed her that she could no longer handle his dementia, diabetes and other health issues, and asked the daughter to take him.

Not long before, Mrs. Black discovered that the companion, Helen Natko, had transferred $200,000 from her father’s bank account — a move that would eventually end in a criminal conviction.

But when Mrs. Black and her husband, Richard, flew to Las Vegas to take her father, Delford Mencarelli, to their home in Cornelius, N.C., Ms. Natko refused to let them in the house, according to an account Mrs. Black filed with the Clark County District Court, in Nevada. The Blacks called the Las Vegas police, and the officers who showed up told Mrs. Black that her only recourse was obtaining legal guardianship.

And thus began a harrowing two-year odyssey in the guardianship system. Soon after Mrs. Black filed a court petition, Ms. Natko countered with her own petition. A judge ordered a trial and appointed a temporary professional guardian. Mr. Mencarelli continued to live with Ms. Natko.

Mrs. Black’s experience is far from unusual: The Government Accountability Office has found that state guardianship systems across the country are rife with exploitation. State courts appoint guardians to protect the vulnerable, but the G.A.O. has identified hundreds of cases of negligence, as well as physical and financial abuse.

In Mrs. Black’s case, the guardian set a schedule for telephone calls between father and daughter. Once, Mrs. Black recalled, when she sought permission to take her father to a restaurant, the guardian and lawyers on both sides negotiated the terms, racking up, she estimated, $2,500 in fees. “I was treated like a criminal for wanting to take my dad out for dinner,” Mrs. Black said in an interview. The outing never occurred.

During a 12-day trial in June 2014, Mrs. Black’s lawyers submitted evidence that Ms. Natko had neglected Mr. Mencarelli’s medical needs. Casino records also showed that she had amassed thousands of dollars in gambling losses. And according to bank documents, Mr. Mencarelli had transferred two checks totaling $200,000 from a Pennsylvania account he held jointly with Mrs. Black to a new joint account with Ms. Natko. At the time of the transfers, neurological tests showed, Mr. Mencarelli was too cognitively impaired to know what he was signing. At one point, according to court papers, Ms. Natko transferred $195,000 to her own account but eventually moved it back to the joint account on the advice of her lawyers.

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Mrs. Black holds a photo of herself with her husband, Rick; their son, Dan; and her father, Delford Mencarelli. The Blacks found themselves in a guardianship battle trying to protect Mrs. Black’s elderly father and his assets that spanned years and cost them hundreds of thousands of dollars. They have since been lobbying for regulations that will help others in a similar situation. CreditTravis Dove for The New York Times

Ms. Natko and her lawyer did not respond to requests for comment. In a deposition in November 2013, Ms. Natko said that she and Mr. Mencarelli had decided to open a joint account in July 2012 with $150,000 from the account he held with his daughter. He had been hospitalized a couple of months earlier, and they decided he should have money in Las Vegas in case of an “emergency,” she said. Ms. Natko also said that they had lived together for a long time, and “he wanted to make sure I was taken care of if something happened to him.”

In a huge blow to Mrs. Black, the judge awarded sole guardianship to Ms. Natko on July 11, 2014 — even while noting that Mr. Mencarelli had lacked cognitive capacity at the time of the transfers. The judge ordered the money moved to a guardianship account, which Ms. Natko came to control substantially as the guardian.

Mrs. Black, who is 56 and a retired accountant, was devastated. “I felt such emotional stress that this was my loved one and that there was nothing I could do to help him,” she said.     Comment:   This explains the whole case – having a competent guardian who has a profession means that Medicare Fraud and other health care frauds are curtailed.   Obviously having an accountant family member also prevents extra circular enrichment to the Court, the judge et al!

Ms. Natko remained guardian even after prosecutors, three months later, charged her with felony exploitation of a vulnerable person, accusing her of taking thousands of dollars from Mr. Mencarelli. A jury convicted Ms. Natko in April on the exploitation charge, as well as on theft for the $195,000 transfer to her personal account. She is scheduled to be sentenced on Monday.

Mr. Mencarelli remained in Ms. Natko’s house until he died, on July 3, 2015, at age 84.

Though state laws differ, a judge who rules that a person is cognitively impaired can appoint a guardian, sometimes a company, to oversee the person’s well-being. The guardian can decide to sell the ward’s house and move him or her into a nursing home. The guardian can also choose which of the ward’s friends and relatives can visit.

The National Center for State Courts, a nonprofit think tank, estimates that guardians across the country supervise 1.3 million adults and an aggregate of $50 billion of their assets. Brenda K. Uekert, the center’s principal court research consultant, said that with the “aging of the baby boomers and the onset of dementia, we expect those numbers to go up.”

In November 2016, the G.A.O. reported that in eight cases it examined in six states, guardians were found to have stolen more than $600,000 from their elderly wards. A 2010 G.A.O. report found that from 1990 to 2010 guardians in 20 cases stole $5.4 million.

One reason for guardianship exploitation: a lack of money for oversight, according to Dr. Uekert and other reform advocates. State courts cannot afford to hire enough people to monitor the well-being of wards and to scrutinize the guardians’ stewardship of assets. They also say that many judges, who usually preside in probate or family court, do not have the time or expertise to conduct more than a cursory review before granting a guardianship petition.

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The paperwork from Mr. and Mrs. Black’s guardianship battle fills several boxes at their home.CreditTravis Dove for The New York Times

More than 10 percent of guardians are professionals, who typically charge hourly fees of $70 to $150, which are paid from a ward’s assets. About 75 percent are family members or friends.

The costs, which can include the guardian’s legal expenditures, can sap or erase an older person’s savings. By the time he died, Mr. Mencarelli’s $480,000 nest egg had dwindled to about $60,000.

As reports of guardian exploitation mount, court experts and advocates for the elderly are pushing for better judicial oversight. Dr. Uekert’s group is training judges to find alternatives to full guardianship. She is also working with several states to create automated systems that would detect misspending.

In Minnesota, the Conservator Account Auditing Program requires the state’s 5,500 court-appointed guardians to file electronic annual reports on their expenses and on the $900 million in assets they manage. Before the system started in 2011, guardians would file boxes of receipts with the local courts — or not file at all, said Cate Boyko, the program manager.

Ms. Boyko said nine auditors, assisted by a computer program, look for red flags like high fees and questionable expenses. “If someone with Alzheimer’s disease is in a nursing home and the guardian has reported vehicle expenses, does that make sense?” Ms. Boyko said.

In Texas, the state’s top judge, alarmed by reports of abuse, asked the legislature in 2015 to fund a two-year pilot project designed to improve court oversight of guardianship cases. Its four compliance specialists have worked with courts in eleven of Texas’ 254 counties since November 2015. “As soon as judges found out about the project, they begged us to come,” said David Slayton, the project manager.

Auditors found that 48 percent of the cases were missing annual accountings. In about 10 percent, auditors uncovered misappropriation of funds, Mr. Slayton said.

Based on those findings, the Texas legislature this year approved $5 million for the hiring of 31 staff members to monitor nearly 55,000 guardians and $5 billion in assets statewide. On June 15, Gov. Greg Abbott used his line item veto to strike the funding from the budget bill, noting in his veto statement that the “creation of a new state bureaucracy should be a last resort.”

Richard Black became so enraged by his experience in Nevada that he left a well-paying job to push for guardianship reforms full time. He is now the volunteer executive director of Americans Against Abusive Probate Guardianship, lobbying legislatures and counseling families engulfed in guardian disputes. “If this can happen to my family, it can happen to anyone,” he said.

A version of this article appears in print on July 30, 2017, on Page BU3 of the New York edition with the headline: Vulnerable Older Adults, Abusive Guardians. Order Reprints| Today’s Paper|Subscribe


On Monday, July 31, 2017, 11:25:15 AM CDT, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:
Judicial corruption has to be distinguished from incompetence even though the two may have the very same result.
In many states the government bends the rules to appoint “friends” of the political and judicial elite to public office.     In today’s ABA e-mail, it is disclosed that a Public defender was hired for a county even though in actuality he did not meet the law’s criteria of being an active attorney for one year prior to his appointment.
The rationalizations and outright distortions of the statute are almost legend and though they do not match the obscene distortions that Mr. Jerome Larkin and the Illinois Attorney Registration and Disciplinary commission came up with the JoAnne Denison disciplinary matter.  (if you do not remember, they equated the exposure of criminal corruption of judges to being akin to YELLING FIRE IN A CROWDED THEATER.)
Ferreting out corruption is more difficult that incompetence as we are dealing with better educated miscreant.   Here again, Mr. Larkin and his 18 USCA 371 co-conspirators in protecting the access to MEDICARE AND OTHER HEALTH CARE THEFTS sounded very convincing as they intentionally misrepresented the words and phrases of the SCOTUS cases.
(As an example.  The Alvarez case specifically rejected all rationalizations as they ruled that the act of a citizen in totally misrepresenting his status – he represented he was a medal of honor winner, and was not – was protected by FREE SPEECH.    Larkin claimed in the Denison case that the Alvarez case stood for the right of the IARDC to punish Attorney Denison for exposing corruption on her blog of two connected judges.   One of the judges had a relationship to President Obama, and the other on page 91 of her deposition – taken by Larkin – admitted to being wired (fixed).)    Of course the Supreme Court of Illinois rubber-stamped Mr. Larkin’s (and the IARDC’s) 18 USCA 371 criminality.
No concealment of evidence is required when the judge is ‘wired’ (fixed).   The result is secure.   In fact in Illinois is so secure that even if the independent news media makes the same allegation and the corrupt jurist does not deny it = either directly or indirectly, the fix is irrevocable.    In the Disciplinary proceeding against Lanre Amu,  Larkin as administrator of the IARDC intentionally claimed that by exposing Judge Egan’s perfidy Amu was undermining the integrity of the legal system.    Even though every word Amu stated was accurate and true, in kangaroo proceedings Amu was deemed a danger to the public, given an interim suspension and a three year suspension.   The facade became another public disgrace for Illinois and in particular Cook County when CRAINS CHICAGO BUSINESS a respected business publication in Illinois reiterated the very same charges that Amu concerning Judge Egan.  It mattered not to the WATCHDOGS OF LAWYERS that their Administrator had his lies made public.    This was and is business as usual in Illinois.    Again the Illinois Supreme Court was disinterested in the RULE OF LAW.
What is sincerely annoying about this corruption is the fact that the ‘bad guys’ i.e. Larkin and the IARDC not only have the burden of proof – by CLEAR AND CONVINCING EVIDENCE – but they are being OVERpaid to PROTECT AGAINST THE VERY ETHICALLY CHALLENGED CONDUCT THAT THEY EXHIBIT!    Worse yet the Supreme Court of Illinois has abdicated its responsibility to the People of the State of Illinois.   The Illinois Department of Revenue has turned a blind eye to the alleged booty that has been garnered by Larkin and his  18 USCA 371 co-conspirators, and LAW ENFORCEMENT appears to be cowed in inaction.   Meanwhile the State of Illinois teeters on BANKRUPTCY, Citizen flee the State, and the criminal laugh all the way to the Bank.
HOWEVER – THERE IS HOPE!    In the Federal Court in South Florida, Philip Esformes stands in the dock to be tried for stealing a billion (nine zeros) dollars in Medicare funds.   The trial now is scheduled to be held in March 2018!    Philip = unfortunately – is small potatoes in the theft of government health care funds!    Right here in Chicago people allegedly (based upon reliable information and belief) related to Philip are reputed to be more heavily invested in the health care industry and the ‘street’ suggests that billions and maybe trillions are similarly involved.   Another minor player – Seth Gillman plead guilty to Hospice Fraud!    (Exactly why the Department of the Treasury is not interested in pursing the Income tax liability that each member of the conspiracy enjoys has not been disclosed.
Since the election we have had investigations of everything in sight except the 700% fraud surcharge on health care services.      Might it be more fruitful for all the investigations tied to the last election go into suspended animation and we have an HONEST INVESTIGATION into the 18 USCA 371 cover-up of 700% fraud surcharge by the Political and judicial elite, followed by a vigorous TAX COLLECT EFFORT so recover the FEDERAL and STATE INCOME TAXES, plus interest and penalties that each of the people who have breached the public trust owe to local and Federal Government.
Attorney Kenneth Ditkowsky
Ditkowsky Law Offices