As I stated, it is time for the ‘good guys’ to rise up and address the clear and present danger that corrupt predators present. It is time for the Court appointed guardians who have ravaged the lives of Mr. and Mrs. Sallas account.
On the streets of the major cities the frontier approach is becoming more and more evident, and victims more and more diverse. Respect for the rule of law is virtually identical to that exhibited a week ago Tuesday in Judge Boliker’s courtroom and in Judge Robles courtroom as he issued a secret order (holding it in secret from Dean Sallas for about 11 days). The distinction was that the elderly victims of the breach of the public trust did not and could not physically react in a violent manner. Indeed, while the miscreant guardian and his co-conspirators were physically safe, the elderly couple had to deal with impending official violence directed to them.
At all time relevant every Judge, every lawyer, every social worker, every claimed worker for social justice and everyone associated with the political system knew that the guardian’s authority was limited and the statute made it very clear that in Illinois the Rule of Law was consistent with the 14th Amendment to the United States Constitution, to wit:
(b) Guardianship shall be utilized only as is necessary to promote the well-being of the person with a disability, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual's actual mental, physical, and adaptive limitations.
(Source: P.A. 99-143, eff. 7-27-15.)
How does isolating, medicating, and otherwise abusing an 80 year old widow promote her well-being. How does isolating her from her spouse of more than 50 years not exploit or abuse her? How does pulling all her teeth and render her immobile encourage development of her maximum self-reliance and independence? How does making her and her husband’s marital property interests disappear comport with the statute? It should be noted that in spite of the clear words of section 22 the Guardian did not even raise a defense to the Byline Bank’s wrongfully trading, bartering with the 80 year old widow to gain control over her home. The statute is absolutely clear, i.e.
(755 ILCS 5/11a-22)
(from Ch. 110 1/2, par. 11a-22)
Sec. 11a-22. Trade and contracts with a person with a disability.
(a) Anyone who by trading with, bartering, gaming or any other device, wrongfully possesses himself of any property of a person known to be a person with a disability commits a Class A misdemeanor.
(b) Every note, bill, bond or other contract by any person for whom a plenary guardian has been appointed or who is adjudged to be unable to so contract is void as against that person and his estate, but a person making a contract with the person so adjudged is bound thereby.
(Source: P.A. 99-143, eff. 7-27-15.)
Indeed, Illinois and many other states have enacted legislation to address the actions of the guardian, the judges, the lawyers, and all others who are vested with the public trust, to wit:
|· Criminal Elder Abuse|
720 Ill. Comp. Stat. 5/17-56
|· (a) A person commits financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability.|
(b) Sentence. Financial exploitation of an elderly person or a person with a disability is: (1) a Class 4 felony if the value of the property is $300 or less, (2) a Class 3 felony if the value of the property is more than $300 but less than $5,000, (3) a Class 2 felony if the value of the property is $5,000 or more but less than $50,000, and (4) a Class 1 felony if the value of the property is $50,000 or more or if the elderly person is over 70 years of age and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more.
(c) For purposes of this Section:
(1) “Elderly person” means a person 60 years of age
(2) “Person with a disability” means a person who
suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual’s mental or physical ability to independently manage his or her property or financial resources, or both.
(3) “Intimidation” means the communication to an
elderly person or a person with a disability that he or she shall be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment or conduct as provided in Section 12-6 of this Code.
(4) “Deception” means, in addition to its meaning as
defined in Section 15-4 of this Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre-existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly person or person with a disability to enter into a contract or agreement.
The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law.
A person stands in a position of trust and confidence with an elderly person or person with a disability when he (i) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (ii) is a joint tenant or tenant in common with the elderly person or person with a disability, (iii) has a legal or fiduciary relationship with the elderly person or person with a disability, (iv) is a financial planning or investment professional, or (v) is a paid or unpaid caregiver for the elderly person or person with a disability.
(d) Limitations. Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986.
(e) Good faith efforts. Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance.
(f) Not a defense. It shall not be a defense to financial exploitation of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability.
(g) Civil Liability. A civil cause of action exists for financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section. A person against whom a civil judgment has been entered for financial exploitation of an elderly person or person with a disability shall be liable to the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs. In a civil action under this subsection, the burden of proof that the defendant committed financial exploitation of an elderly person or a person with a disability as described in subsection (a) of this Section shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been charged or convicted of the criminal offense as described in subsection (a) of this Section. This subsection (g) shall not limit or affect the right of any person to bring any cause of action or seek any remedy available under the common law, or other applicable law, arising out of the financial exploitation of an elderly person or a person with a disability.
(h) If a person is charged with financial exploitation of an elderly person or a person with a disability that involves the taking or loss of property valued at more than $5,000, a prosecuting attorney may file a petition with the circuit court of the county in which the defendant has been charged to freeze the assets of the defendant in an amount equal to but not greater than the alleged value of lost or stolen property in the defendant’s pending criminal proceeding for purposes of restitution to the victim. The burden of proof required to freeze the defendant’s assets shall be by a preponderance of the evidence.
(Source: P.A. 99-272, eff. 1-1-16.)
Dean Sallas’ Bankruptcy is not a casual affair to gain time or to prevent the Byline Bank from completing it illegal sale of the home of Mr. and Mrs. Sallas. It is not a counter to the expected approval of just about anything that Byline or its nominee do by Judge Robles.
Congress enacted the Bankruptcy law and gave wide powers to the Bankruptcy Court to address exactly the type of predation that has occurred in case 07 P 5360 and 2019 CH 13960. An Adversary proceeding should be filed to recover from the miscreants the marital property interests stolen from this elderly couple and to recover damages for the serious breach of trust demonstrated by the judges who abandoned their public trust and became co-conspirators with the guardian and the Financial institution that did the dirty work.
By the Bankruptcy filing, the UNITED STATES TRUSTEE now owns the multi=million dollar claim for Dean Sallas’ marital property interests stolen from he and his wife by the ultra vires actions of persons guilty of financial elder abuse. The fact that the crimes were committed in the Courthouse, but acts acting in direct derogation of the 14th Amendment and the limitations of their authority does not give immunity or exculpation.
Dean Sallas is not going out and car jacking Mr. Golbert’s vehicle, nor is he going out and purchasing a gun. The Bankruptcy code and the Trustee in Bankruptcy give him a nuclear option. In fact it provides all the helpless elderly victims of America’s modern Holocaust a remedy. The Bankruptcy Judge is not running mortgage foreclosure mill weighed heavily toward ethically challenged creditors, nor is he providing jobs and income to his special friends – appointing them guardians, GAL’s, attorney for ****. The United States Trustee’s office is interested in providing a level playing field for all who it services and in particular protecting the rights of the less affluent litigant cannot claim that the Byline Bank’s attorney fees for a case still in the pleading stage generated $41,000 dollars of attorney fees. (Even Judge Robles could not purchase that averment – he reduced the fee to $25,000)
On Tuesday, February 22, 2022, 10:01:26 PM CST, kenneth ditkowsky <email@example.com> wrote:
To those who are possessed with the public trust, the elderly are not a considered to be very important. The Felonies of elder cleansing, financial elder abuse, human trafficking in the elderly etc are not high priority – just a pain.
Unfortunately it is not long and we all look in the mirror and an image looks back at us that we do not recognize – in my case it was an old man with white hair dressed in a sweat shirt that looked like a handmedown and a a pair of basketball shorts that obviously was a handmedown. The face is what was scary – that old man looked like me!!!! As I was contemplating the image a middle aged woman obviously in her late 50’s or early 60’s accosted me and started her utterance with the word “DAD!”
To my shock – I was being told that it was too cold for me to take my bicycle out!
It happens to everyone! It happened to Mr. and Mrs. Dean Sallas. In their situation they were ambushed by the propaganda that America is a democracy, the home of the free and the brave, etc, etc. Indeed, it is IF YOU KEEP YOUR GUARD UP! Amy Sallas had some problems, and retired from her employment. Dean who was a bit older also was retired and together that put together a nest egg of investments that had a net value of more than 8 million dollars.
Mr. and Mrs. Sallas were seduced and infected by the bug – IT CANNOT HAPPEN TO ME. They like so many vulnerable elderly actually believed the political people who sold snake oil, to wit: America has a caring government and we respect the elderly. They had not met Judge Stuart, Judge Boliker, the Cook County Public Guardian or that cast of characters. Sallas actually believed that the Rule of Law meant something and 755 ILCS 5/11a -10 and its due process provision was more than words. The old man and woman thought that 755 ILCS 5/11a – 3 providing for CLEAR & CONVINCING EVIDENCE of disability meant that at least a scintilla of evidence was equated to the words Clear and Convincing! As I said, they did not know Judge Stuart or the her appointed guardian. They saw the dollar signs and Mr. and Mrs. Sallas were off on the fast track to isolation, medication, and deprivation of rights, privileges and immunities. The protection and limitations of 755 ILCS 5/11a – 3b were ignored.
Seize the money was the credo and even before a hearing could be held the victims were sized, seized and diced! Everyone who co-operated with the miscreants got a piece of the pie. Lawyers who thought that the oath of an attorney meant something soon learned that there was a penalty of suspension of your license if you protested. To Hell with decisions such as Himmel
the object of Guardianship was not to protect – it was to pillage and destroy – AND most importantly get those savings accumulated by Mr. and Mrs. Sallas into ‘hands’ that would appreciate them! All Sallas would do with those funds would be to spoil his/her grandchildren.
Today, with Mr. Sallas’ Bankruptcy the miscreants are able to pat themselves on the back and cry out!
Indeed, the Corrupt judges, the guardians, and the various hangeron lawyers have over the past approximately 15 years undone well over 50 years of blood sweat and tears. Amy Sallas has lost her teeth, her mobility, but she has a Grave! Dean Sallas has filed for Bankruptcy – or the goal of making him homeless and penniless would have been accomplished! Good people across America have protested this American holocaust, but rest assured [ no one cares and the poor bastards are satisfied by pols who enact more and more legislation that it ignored, or better yet write GAO reports to Congress that are never read. As I said at word one – those old folks are a pain -0- until I become one of them.
The Sallas case is particularly obnoxious as it embodies for all to observe the full extent of the perfidy and avarice of our judicial system and too many of the people tied to it. It embodies the ‘don’t see, don’t hear, don’t tell, and do not make waves attitude of our those members of our political system who characterize themselves as the ‘best and the brightest.’ It embodies the thin blue line of our law enforcement and it impotence. And finally it informs all of us, rich, poor, old, young, et al that never trust a politician or a guy (or gal) in a suit who promises you something. Indeed, it tells everyone why our streets are a war zone and why so many of us are purchasing guns!
Let me be candid – when Dean Sallas told me that his wife was at a nursing home, had been exposed to covid and the ‘guardian’ told him that he could not give him a report on his wife’s condition because of HIPPA, had someone said that to me instead of Judge Boliker approving the Guardian’s death and burial plan for Amy Sallas, the actual event targeting the guardian might be taking place. I am not known for being so docile! (My wife and my children also are not so *****)
The Sallas case is replete with the Court, the guardian and all their co-conspirators running rampant over the human and civil rights of Mr. and Mrs. Sallas. Today is the first day of the rest of the lives of Mr. and Mrs. Sallas and I’m assured that that *****. Talk is cheap!