From KKD: The victims continue to tell their stories to the authorities

Time to do somehing

It is time for the people who care about the elderly and the disabled to take action.    The government has two task forces out there to prosecute those who prey on the elderly and the health care system and they are impotent if all that we do is give them lip service and complain.     It is time for action.  It is time for action that is meaningful and useful.
In the past few days I talked with a number of family members of victims.   The frustration is monumental.   I understand the plight of the victims.    I wrote many letters to elected representatives and noted that the interest was slim and none.   The political animal knows that the nursing home operator, medicare fraudster et al can deliver VOTES and money while you and me most probably will deliver neither.    Thus, Senator Durbin answers my letter with a copy of some stupid speech that he gave as to social security  – he can care less — the health care fraudster will deliver him enough votes for him to be elected!   Worse yet, he by experience knows that I and people like me will probably not vote or vote in ignorance.   His re-election is safe!  So you and I don’t count!
The new administration has vowed to “drain the swamp.”   I take the promise seriously and I want to assist.   One way to aid the draining of the swamp is to assist law enforcement in its quest to put public officials who have breached the public trust in jail.   We can do this by making meaningful complaints to law enforcement and watching the result.    The investigations conducted by JoAnne Denison, JP ***** and others have made it clear that there is big money in HEALTH CARE FRAUD.   The Seth Gilman and Philip Esformes have given an insight into just how much money is involved.    The government has rooted out a scintilla of the fraud with little fanfare, but the government has neither the inclination or the staff to do a complete job; we can fill in the blanks.   Indeed, we must do so or we will lose our democracy as easily as a Court appointed guardian ad litem was able to orchestrate the recovery of the gold fillings from Alice Gore’s mouth!  (and of course not inventory them!)
Most of the complaints that we make are disjointed, unintelligible accumulations of arguments, conclusions and a few facts.     The investigator is bogged down in material that is a gold mine of information, but so disorganized and disguised that it is almost unintelligible.    Hours are wasted separating the facts out and too often the statute of limitations has run, or the miscreants are out of reach.  A silk purse cannot be manufactured from a sow’s ear.
Lawyers who work on the ‘front line’ are required as trial preparation to separate the wheat from the shaft.   We use a device called a TIME LINE.    We start from day one and list the facts that are important day by day.   We then annotate the list of facts with annotations filing in the details.    We supplement each listed fact with the documents that prove that fact labeling them accordingly and we detail by other means what the fact is intended to prove.     Sometimes we even supplement the work sheet (called a time line) with case citations and other references.
I for one did not work in a vacuum.    I usually requested that the client provide me with a timeline.    I did this because it fixed the transaction in the client’s mind and gave me a leg up.    I was fortunate as most of the time when I requested the ‘time line’ my client was obliging and relatively accurate (and concise).    (The document is protected by attorney client privilege).    Even a poorly prepared time line does aid the lawyer not only in doing his/her investigation, but in trial preparation – the client recalls the facts written vividly and accurately.
Thus, let me suggest that we communicate with the hundreds – if not thousands – of victims of the ELDER CLEANSING/HUMAN TRAFFICKING scandal and induce them to prepare TIME LINES airing their greivances fully and completely – completely with documents proving the claim and send them to LAW ENFORCEMENT and in particular the task forces set up to do HONEST INVESTIGATIONs.    For the Time line, let me suggest:

Preparation of a time line

The purpose of a time line is to provide law enforcement with a concise, accurate, and usable set of facts upon which they can evaluate the claim that you are presenting to them.      In particular, the object of a complaint to law enforcement is to obtain an HONEST INVESTIGATION coupled with an accurate and honest evaluation of the facts of your case.   Ergo, innuendos, adjectives, conclusions and attempts at persuasion are counter-protective.    An intelligent law enforcement agent is well aware, as an example, that a judge who accepts something of value from a litigant is dishonest, a crook, and a criminal and therefore does not need to be told.     An unusual fact, such as the Court file being devoid of a Sheriff’s return or a notice to the next of kin.     The fact of the file revealing that the petitioner directed the sheriff to serve summons on the elderly person in Cook County, when the elderly person respondent was living with the petition in DuPage County speaks for itself.    The investigator does not have to be told that there is something wrong.

The time line should be objective and as accurate as possible.     If dates are not readily available, the time line should endeavor to make that clear and arrange events in chronological order.      The preparation of the time line should be annotated with documents.     For instance:

1.      Date   – Summons filed seeking Sheriff to serve respondent with summons.     Copy of summons attached as exhibit 1.   Note:   Sheriff directed to serve summons on respondent at 11234 x street, Chicago, Illinois.   See docket entry 12 – being a letter from GAL John Doe to Court requesting a 2nd GAL to be appointed as respondent resides in DuPage County.    Copy of letter to Judge attached as exhibit

2.      Date – Court appoints Adam **** as GAL   see Doc entry.

Later on in the time-line when the chronology is appropriate.    The time will reveal–

1.      August 2010 – Court appearance before Judge M*** C****.     Status – File reveals:  1) service of summons has not been had.     No summons in the file directing Sheriff to serve respondent in DuPage County.   2) no physician’s affidavit in file.    See Transcript attached hereto and made part hereof as exhibit 45.    NB.  Note GAL and Court stating to Petitioner that Dr. X has been co-operative and has testified in the past as to incompetency.   See lines 20, 21 page 5 of transcript of proceedings.

In certain instances, the clerk has prepared the record for appeal.    You will find that every page of the record is numbered.   References to those numbers are important.    The more relevant information that you provide the investigator the better.

Indeed, the preparation of a timeline is tedious work and time consuming.     The frustration of being given the runaround is equally frustrating and not productive.     An HONEST INVESTIGATION is going to require someone to detail all the facts and to put them into a discernible form.    The preparation of an accurate time line not only provides you with all the facts and documents “in hand” but it also provides the investigator with a bird’s eye view of the entire situation, a list of witnesses, and documents.

If after the relevant tim line has been accurate and concisely prepared it would not be out of line to write cover letter.    In this cover – letter you can vent your gripes.    For instance, the fact that the Judge was in August 2010 giving legal advice to the Petitioner is grounds for you to suggest that the Judge’s conduct was wrongful.    The Judge is not on the bench to aid a Petitioner, the judge is there as a trier of fact and pursuant to Illinois statute 755 ILCS 5/11a – 3 and following the Petition must prove the incompetency and the degree of incompetency by clear and convincing evidence.    A judge who is an advocate has breached the public trust as the judge is, pursuant to the Federal and State Constitution required to protect the interests of the respondent.    

The judge is not protecting the respondent when the aforesaid judge is advising the petitioner as to what physician will be available to perjure himself.    If you read the statute that I cited you will note that the guardianship is limited – it is limited to only those disabilities that they respondent actually inhibit the respondent from enjoying the benefits of his/her citizenship.     This is consistent with ADA – not the holocaust or the gulag! 

I am not concerned as to the form the complainant wishes to use – it is important that all the salient and important facts be accurately provided the investigation.  The object is an HONEST INVESTIGATION and evaluation.   The conciseness of the fact recitation is also important.   There are literally millions of senior citizens who have been drawn into this travesty and are being denied their basic CONSTITUTIONAL  RIGHTS.     It is important that your situation receive that HONEST INVESTIGATION and all the miscreants have some sleepness nights.

Dr. Sugar’s book on Guardianship is worthwhile reading.    More information can be found on NASGA, AAAPG, Probate Sharks, MaryGSykes *****.    The October 9, NewYorker article also is suggested reading.   We are all vulnerable to this HUMAN TRAFFICKING – in fact most of us are a fall away from being prey!    The venalness of the assault on the American Constitution is clearly revealed by the document filed by Jerome Larkin, the administrator of the Illinois Attorney Registration and Disciplinary commission wherein he related the exposure of Judicial corruption in the MaryGSykes blog with “YELLING FIRE IN A CROWDED THEATER.”    That was preposterous.  The blog is a factual account of scores of abusive guardianships existing in Illinois.  It is not a work of fiction, but of fact.  These are fact the Atty Regn and Disciplinary Commission wishes to ignore and sweep under the rug inasmuch as they involve some of the most despicable actions taken against the disabled citizens of Illinois, and it is all done under color of law.
Of course the Illinois Supreme Court showed its devotion to the RULE OF LAW and the First Amendment – it issued an interium suspension followed by a three year suspension of the law license of JoAnne Denison for operating and maintaining a blog that documents the untoward and criminal actions of a wide variety of Illinois lawyers and Judges.    Rule 8.3 required Ms. Denison and other lawyers to expose the corruption!   However, most lawyers were afraid!   Joining the “cover up” the 2nd oldest profession  demonstrated why judges and lawyers are so poorly regarded by the “great unwashed!”    Now is the time for the “great unwashed” to show its metal.

Ken Ditkowsky

Lawyer and civil rights activist.

3 thoughts on “From KKD: The victims continue to tell their stories to the authorities

  1. This is more valuable information, however, stops short of the CORE problem….the power of corruption! While a Corrupt Probate Judge (e.g.), sits the bench, and before him appears capable, but intimidated attorneys, all the paper in the world, however organized and detailed, will be of little use. Probate Judges (again, e.g. New York), are accountable to no one. The SCAM we are all fighting is well known to the players…diluting facts, ignoring truth is nothing new. That’s what corruption is. Probate Judges cannot be sued,they have a very lengthy tenure and again, are accountable to no one! The Judge who destroyed my Autistic daughter’s estate simply moved on…left the ‘seat’ mid-term and ran for District Attorney….and of course, he won! The Swamp is being led by The Mob…Trump knows this….whether or not he’ll be successful is anyone’s prayer. I’m for organizing victims to March….numbers count…Legal Briefs obviously do not!

    • thanks for the comment. However; judges can be sued under the ADA and 42 USC 1983. You may wish to review the 3rd circuit Kids for Cash Ciavarella case which makes this clear. Sorry this happened to you.

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