About jmdenison

Patent and Trademark Attorney practicing in Chicago, Illinois accepting clients nationwide. We also do trademarks, general intellectual property and business litigation. See our website at www.DenisonLaw.com. Now suspended for 3 years by the Illinois Atty Regn and Disciplinary Commission for blogging about corruption and telling truths that the ARDC wants to cover up. Still a patent agent, tho.

From L.Ewing/FB: Great case law on attacking DCFS/DHS social workers that lie on the stand

QUESTION: HOW COME NONE OF THE SO CALLED . . . “FAMILY LAW EXPERTS” . . . AND NONE OF ANY OF THE . . . “FAMILY LAW ADVOCATES” . . . IN THE ENTIRE UNITED STATES HAS EVER TOLD YOU THAT YOU CAN FILE . . . “A FRANKS MOTION” . . . PURSUANT TO . . . “COSTANICH v. DEPT. OF SOCIAL AND HEALTH SERVICES, 627 F.3d 1101, at 1108-1109 (December 3, 2010)” . . . WHICH PROVIDES THAT . . . “THE DEPRIVATION OF LIBERTY BASED ON FABRICATED EVIDENCE IS A VIOLATION OF A PERSON’S CONSTITUTIONAL RIGHT TO DUE PROCESS” IN THE CRIMINAL CONTEXT” . . . “AND THAT THIS PRINCIPLE APPLIES WITH EQUAL FORCE IN A CIVIL PROCEEDING” . . . BUT LUIS EWING DID?

ANSWER: BECAUSE ALL OF THE SO CALLED . . . “FAMILY LAW EXPERTS” . . . AND . . . “FAMILY LAW ADVOCATES” . . . IN ALL FIFTY (50) STATES ARE GRADE A RANK AMATEUR WET BEHIND THE EARS GREENHORN ROOKIE BEGINNER WANNABE FAMILY LAW GURUS WHO DON’T KNOW SQUAT ABOUT THE LAW PERIOD!

HOW COME NONE OF THE . . . “LAME ATTORNEYS” . . . AT THE . . . “THE FAMILY FORWARD PROJECT” . . . AND . . . “ATTORNEYS WHO FIGHT AND SUE CHILD PROTECTION SERVICES” . . . TOLD YOU THAT YOU CAN FILE . . . “A FRANKS MOTION” . . . IN A CIVIL FAMILY COURT PROCEEDING TO CHALLENGE THE VERACITY AND TRUTHFULNESS OF THE CPS SOCIAL WORKERS PERJURED TESTIMONY AT A PRE-TRIAL EVIDENTIARY HEARING IF ALL YOUR . . . “LAME ATTORNEYS” . . . AT THE . . . “THE FAMILY FORWARD PROJECT” . . . AND . . . “ATTORNEYS WHO FIGHT AND SUE CHILD PROTECTION SERVICES” . . . WERE NOT MILKING THE COW AND BLEEDING YOU DRY OF ALL YOUR MONEY IF THEY WERE NOT WORKING IN CONSPIRACY WITH THE CPS TO HELP STEAL YOUR CHILDREN UNDER THE COLOR OF NO LAW???

WATCH THIS VIDEO AND PAY EXTRA SPECIAL ATTENTION TO ALL THE JUDGES AND ATTORNEYS ATTACKING THE COSTANICH CASE BECAUSE THE TRUTH IS THAT ALL THE JUDGES ARE ABSOLUTELY TERRIFIED OF COSTANICH v. DEPT. OF SOCIAL AND HEALTH SERVICES, 627 F.3d 1101, at 1108-1109 (December 3, 2010), BECAUSE IT CITES JONES v. STATE, 170 Wash.2d 338, 242 P.3d 825, 831-32 (2010) WHICH BRIDGES THE GAP BETWEEN CIVIL AND CRIMINAL WHICH BRINGS IN MY WHOLE FRANKS ARGUMENT THAT WE CAN USE A FRANKS MOTION TO CHALLENGE PERJURED TESTIMONY!!!

THE FACT THAT NOT A SINGLE SO CALLED FAMILY LAW EXPERT OR ANY OF THE JUST AS IGNORANT RANK AMATEUR BEGINNER FAMILY LAW ADVOCATE HAS EVER TOLD YOU ABOUT A FRANKS MOTION IS PROOF THAT ALL THE WANNABE FAMILY LAW LEADERS DON’T KNOW SQUAT ABOUT THE LAW AND THIS IS THE MAIN REASON WHY THE FAMILY LAW NON MOVEMENT HASN’T MOVED ANYWHERE FOR THE LAST TWENTY YEARS!

DO NOT LET ANY OF THESE RANK AMATEUR BEGINNER FAMILY LAW ADVOCATES TELL YOU THAT YOU CANNOT USE THIS CRIMINAL PROCEDURE FOR ATTACKING PERJURED TESTIMONY IN THE FAMILY COURTS BECAUSE IT’S A CIVIL PROCEEDING AND NOT CRIMINAL, ALL OF THESE SO CALLED FAMILY LAW EXPERTS AND ALL OF THESE FAMILY LAW ADVOCATES DON’T KNOW SQUAT ABOUT THE LAW PERIOD!!!

HERE ARE THE EIGHT (8) CLEARLY ESTABLISHED CASE LAW HOLDING DECISIONS THAT THE CROOKED PANEL OF THREE JUDGES AND THE CROOKED WOMAN ATTORNEY PANCY LIN DON’T WANT YOU TO READ:

1.) Costanich v. Dept. of Social and Health Services, 627 F.3d 1101, at 1108-1109 (December 3, 2010).

2.) Costanich v. Wash. State Dep’t of Soc. & Health Servs., 138 Wash. App. 547, 156 P.3d 232 (App. Ct. 2007).

3.) Jones v. State, 170 Wash.2d 338, 242 P.3d 825, 831-32 (2010)

4.) Beltran v. Santa Clara County, 514 F.3d 906 (9th Cir. 2008).

5.) Kalina v. Fletcher, No. 95-36129, 93 F.3d 653; 1996 U.S. App. LEXIS 21488; 96 Cal. Daily Op. Service 6255; 96 Daily Journal DAR 10251 ( Ninth Circuit, August 22, 1996).

6.) Kalina v. Fletcher, No. 96-792, 522 U.S. 118, 118 S. Ct. 502, 139 L. Ed. 2d 471, 1997 U.S. LEXIS 7498; 66 U.S.L.W. 4031; 97 Cal. Daily Op. Service 9233; 97 Daily Journal DAR 14869; 1997 Colo. J. C.A.R. 3203; 11 Fla. L. Weekly Fed. S 258 (December 10, 1997).

7.) Austin v. Borel, 830 F.2d 1356, 1361-63 (5th Cir. 1987)

8.) Snell v. Tunnell, 920 F.2d 673 (10th Cir. 1990.)

HERE ARE FIFTY E NINE (59) OTHER NINTH CIRCUIT CASES HOLDING YOU CAN’T USE PERJURED TESTIMONY OR SUBMIT DOCUMENTS THAT CONTAIN MATERIALLY FALSE STATEMENTS OR TESTIFY FALSELY BECAUSE . . . “THE DEPRIVATION OF LIBERTY BASED ON FABRICATED EVIDENCE IS A VIOLATION OF A PERSON’S CONSTITUTIONAL RIGHT TO DUE PROCESS” IN THE CRIMINAL CONTEXT” . . . “AND THAT THIS PRINCIPLE APPLIES WITH EQUAL FORCE IN A CIVIL PROCEEDING” . . . IS . . . “A CLEARLY ESTABLISHED RIGHT” . . . AND THIS BRINGS IN MY WHOLE ARGUMENT THAT WE CAN FILE . . . “A FRANKS MOTION” . . . TO CHALLENGE ALL THE LYING CPS SOCIAL WORKERS PURSUANT TO FRANKS v. DELAWARE, 438 U.S. 154, 92 S.Ct. 2674, 57 L.Ed.2d 667 (1978).

1.) Kalina v. Fletcher, 93 F.3d 653 ( 9th Cir., August 22, 1996).

2.) Beltran v. Santa Clara County, 514 F.3d 906 (9th Cir. 2008).

3.) Costanich v. Dept. of Social and Health Services, 627 F.3d 1101, at 1108-1109 (December 3, 2010).

4.) Stoot v. City of Everett, 582 F.3d 910 (9th Cir. 2009).

5.) McSherry v. City of Long Beach, 560 F.3d 1125 (9th Cir. 2009).

6.) Whitaker v. Garcetti, 486 F.3d 572 (9th Cir. 2007).

7.) Rogers v. County of San Joaquin, 487 F.3d 1288 (9th Cir. 2007).

8.) Galen v. County of Los Angeles, 477 F.3d 652 (9th Cir. 2007)

9.) KRL v. Moore, 384 F.3d 1105 (9th Cir. 2004).

10.) Miller v. Gamie, 335 F.3d 898 (9th Cir. 2003).

11.) Gausvik v. Perez, 345 F.3d 813 (9th Cir. 2003).

12.) Butler v. Elle, 281 F.3d 1014 (9th Cir. 2002).

13.) Galbraith v. County of Santa Clara, 307 F.3d 1119 (9th Cir. 2002).

14.) Cruz v. Kauai County, 279 F.3d 1064 (9th Cir. 2002).

15.) Billington v. Smith, 292 F.3d 1177, 1183 (9th Cir.2002).

16.) Paine v. City of Lompoc, 265 F.3d 975 (9th Cir. 2001)

17.) Mabe v. San Bernadino County Department of Public Social Services, 237 F.3d 1101 (9th Cir. 2001).

18.) Devereaux v. Abbey, 263 F.3d 1070 (9th Cir. 2001).

19.) Jackson v. City of Bremerton, 268 F.3d 646 (9th Cir. 2001).

20.) Deorle v. Rutherford, 272 F.3d 1272, 1286 (9th Cir.2001).

21.) Radcliffe v. Rainbow Constr. Co., 254 F.3d 772 (9th Cir.), cert. denied, ___ U.S. ___, 122 S.Ct. 545, 151 L.Ed.2d 423 (2001).

22.) Jeffers v. Gomez, 267 F.3d 895, 903 (9th Cir.2001).

23.) Devereaux v. Perez, 218 F.3d 1045 (9th Cir. 2000).

24.) Wallis v. Spencer, 202 F.3d 1126 (9th Cir. 2000).

25.) Weiner v. San Diego County, 210 F.3d 1025 (9th Cir. 2000).

26.) Schenk v. Hartford, 204 F.3d 1187, 1195 (9th Cir.2000).

27.) Mena v. City of Simi Valley, 226 F.3d 1031, 1036 (9th Cir.2000).

28.) Calabretta v. Floyd, 189 F.3d 808 (9th Cir. 1999).

29.) Hodgers-Durgin v. de la Vina, 199 F.3d 1037, 1040 n. 1 (9th Cir.1999).

30.) Nunez v. City of Los Angeles, 147 F.3d 867 (9th Cir. 1998).

31.) Lombardi v. City of El Cajon, 117 F.3d 1117 (9th Cir. 1997).

32.) Liston v. County of Riverside, 120 F.3d 965 (9th Cir. 1997).

33.) Johnson v. Knowles, 113 F.3d 1114 (9th Cir. 1997).

34.) Osolinski v. Kane, 92 F.3d 934 (9th Cir. 1996).

35.) Carnell v. Grimm, 74 F.3d 977 (9th Cir. 1996).

36.) Hervey v. Estes, 65 F.3d 784 (9th Cir. 1995).

37.) Allen v. Sakai, 48 F.3d 1082 (9th Cir.), cert. denied, ___ U.S. ___ 115 S.Ct. 1695, 132 L.Ed.2d 559 (1995).

38.) Grossman v. City of Portland, 33 F.3d 1200, 1209 (9th Cir.1994).

39.) Act Up!/Portland v. Bagley, 988 F.2d 868 (9th Cir. 1993).

40.) Gillette v. Delmore, 979 F.2d 1342 (9th Cir. 1992).

41.) Branch v. Tunnell, 937 F.2d 1382 (9th Cir. 1991)

42.) Fuller v. M.G. Jewelry, 950 F.2d 1437, 1446 (9th Cir.1991).

43.) Kennedy v. L.A. Police Department, 887 F.2d 920 (9th Cir. 1989).

44.) Burns v. County of King, 883 F.2d 819 (9th Cir. 1989).

45.) Wood v. Ostrander, 879 F.2d 583 (9th Cir. 1989).

46.) United Steelworkers of Am. v. Phelps Dodge Corp., 865 F.2d 1539 (9th Cir. 1989).

47.) Gorenc v. Salt River Project Agric. Improvement and Power Dist., 869 F.2d 503, 505 (9th Cir.1989).

48.) Collins v. Womancare, 878 F.2d 1145 (9th Cir. 1989).

49.) Benigni v. City of Hemet, 853 F.2d 1519 (9th Cir. 1988).

50.) Leer v. Murphy, 844 F.2d 628 (9th Cir. 1988).

51.) Meyers v. Contra Costa County Dep’t of Soc. Servs., 812 F.2d 1154 (9th Cir. 1987).

52.) King v. Massarweh, 782 F.2d 825 (9th Cir. 1986).

53.) Ashelman v. Pope, 793 F.2d 1072 (9th Cir. 1986).

54.) Ashelman v. Pope, 778 F.2d 539 (9th Cir. 1985).

55.) United States v. Motamedi, 767 F.2d 1403 (9th Cir. 1985).

55.) McKenzie v. Lamb, 738 F.2d 1005 (9th Cir. 1984).

56.) United States v. Davis, 714 F.2d 896 (9th Cir. 1983).

58.) Howerton v. Gabica, 708 F.2d 380 (9th Cir. 1983).

59.) Richardson v. Koshiba, 693 F.2d 911 (9th Cir. 1982).

HERE IS THE HOPE v. PELZER CASE THAT THE CROOKED JUDGE WAS TALKING ABOUT:

Hope v. Pelzer, 536 U.S. 730, 743, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002).

LUIS EWING EXPOSES THE TWO (2) MAIN REASONS WHY THE PANEL OF THREE (3) JUDGES WERE ATTACKING THE COSTANICH V. DEPT. OF SOCIAL AND HEALTH SERVICES, 627 F.3D 1101 (DECEMBER 3, 2010) CASE, WHICH CITES JONES v. STATE, 170 WASH.2D 338, 242 P.3D 825 (2010), WHICH CONCLUDED THAT . . . “THE DEPRIVATION OF LIBERTY BASED ON FABRICATED EVIDENCE IS A VIOLATION OF A PERSON’S CONSTITUTIONAL RIGHT TO DUE PROCESS” IN THE CRIMINAL CONTEXT” . . . “AND THAT THIS PRINCIPLE APPLIES WITH EQUAL FORCE IN A CIVIL PROCEEDING” . . . AND THIS BRINGS IN MY WHOLE ARGUMENT USING A . . . “FRANKS MOTION” . . . MAKING . . . “A GIGLIO CLAIM” . . . “A NAPUE CLAIM” . . . “A PYLES CLAIM” . . . “AN ALCORTA CLAIM” . . . “A MOONEY CLAIM” . . . “AN AGURS CLAIM” . . . AND . . . “A BRADY CLAIM” . . . TO OVERCOME ALL THE JOHN 8:44 LYING CPS SOCIAL WORKERS PERJURED TESTIMONY WHICH IS THE MOST DANGEROUS PROCEDURE THAT COULD UNDO 90 % TO 95 % OF ALL CPS CASES!

THE SECOND REASON THE JUDGES WERE PLAYING STUPID AND ASKING ATTORNEY PANCY LIN IF SHE HAD ANY NINTH CIRCUIT CASES AND PANCY LIN FALSELY CLAIMED SHE WAS UNAWARE OF ANY OR AT LEAST TRUTHFULLY SAID THAT SHE DID NOT HAVE ANY RIGHT IN FRONT OF HER THERE IN THE COURT ROOM WAS BECAUSE THE CROOKED JUDGES WERE TRYING TO FIGURE OUT HOW TO TRY TO AVOID DISCUSSING BELTRAN v. SANTA CLARA COUNTY, 514 F.3d 906 (9th Cir. 2008); BUCKLEY v. FITZSIMMONS, 509 U.S. 259, 275, 113 S.Ct. 2606, 125 L.Ed.2d 209 (1993) AND KALINA v. FLETCHER, 522 U.S. 118, 118 S. Ct. 502, 139 L. Ed. 2d 471 (December 10, 1997) AND PAY ATTENTION TO THE SUPREME COURT KALINA v. FLETCHER CASE WHICH IS VERY IMPORTANT BECAUSE IT PROVIDES . . . “THE NINTH CIRCUIT KALINA v. FLETCHER CASE” . . . Kalina v. Fletcher, 93 F.3d 653 ( 9th Cir., August 22, 1996).

THE CROOKED LADY ATTORNEY PANCY LIN TRUTHFULLY AND FALSELY ARGUED THAT THIS WAS . . . “A BIOLOGICAL versus FOSTER PARENT LIBERTY.”

THE CROOKED PANEL OF THREE JUDGES FRAUDULENTLY ATTEMPTED AND DID MAKE THEIR BEST EFFORTS TO PUT DOWN AND BURY THE COSTANICH CASE BY ARGUING THAT SECONDARY FOSTER CARE, THAT’S A WHOLE STRANGE THING, IT’S NOT A PARENTS REAL CHILD, AND A GUARDIAN, IT’S NOT THE SAME THING!

THE CROOKED LADY ATTORNEY PANCY LIN LIED AND SAID THAT WE DO NOT HAVE ANY NINTH CIRCUIT CASE, BUT THEN WARPED HER LIE INTO A PARTIAL TRUTH AND SAID “AT LEAST NOT IN FRONT OF ME”, HA, HA, HOW LAME THIS CREW OF ATTORNEYS WERE TRYING TO COVER UP THE COSTANICH CASE WHICH CITES THE TWO (2) OTHER MAIN NINTH CIRCUIT CASES, Kalina v. Fletcher, 93 F.3d 653 ( 9th Cir., August 22, 1996) AND BELTRAN v. SANTA CLARA COUNTY, 514 F.3d 906 (9th Cir. 2008) AND THE KILLER WASHINGTON STATE SUPREME COURT CASE JONES v. STATE, 170 WASH.2D 338, 242 P.3D 825 (2010), WHICH BRIDGES THE GAP BETWEEN CRIMINAL CASES AND CIVIL CASES AS BEING EQUAL AND THIS BRINGS IN MY WHOLE ARGUMENT THAT WE CAN USE . . . “A FRANKS MOTION RAISING A GIGLIO CLAIM IN A CIVIL PROCEEDING.”

HERE IS THE IMPORTANT PART OF THE COSTANICH CASE THAT THESE CROOKED JUDGES AND THE CROOKED CPS WOMAN ATTORNEY DID NOT DISCUSS ON PURPOSE:

“We conclude that deliberately fabricating evidence in civil child abuse proceedings violates the Due Process clause of the Fourteenth Amendment when a liberty or property interest is at stake, and that genuine issues of material fact exist on the question of deliberate fabrication.. The Washington State Supreme Court has also recently concluded that “the deprivation of liberty based on fabricated evidence is a violation of a person’s constitutional right to due process” in the criminal context, and that this principle “applies with equal force in a civil proceeding” adjudicating a pharmacist’s license, reasoning that a pharmacist’s professional and business licenses are property interests protected by the due process clause. Jones v. State, 170 Wash.2d 338, 242 P.3d 825, 831-32 (2010). . . . In Beltran, we held that social workers are “not entitled to absolute immunity from claims that they fabricated evidence during an investigation or made false statements in a dependency petition affidavit that they signed under the penalty of perjury, because such actions aren’t similar to discretionary decisions about whether to prosecute.” 514 F.3d at 908. We analogized the social worker to “[a] prosecutor [who] doesn’t have absolute immunity if he fabricates evidence during a preliminary investigation before he could properly claim to be acting as an advocate, or makes false statement in a sworn affidavit in support of an application for an arrest warrant.” Id. (citing Buckley v. Fitzsimmons, 509 U.S. 259, 275, 113 S.Ct. 2606, 125 L.Ed.2d 209 (1993); Kalina, 522 U.S. at 129-30, 118 S.Ct. 502). “[A]s prosecutors and others investigating criminal matters have no absolute immunity for their investigatory conduct, a fortiori, social workers conducting investigations have no such immunity.” Beltran, 514 F.3d at 908-09. Duron’s argument that in filing the declaration, she acted as a witness, and therefore deserves absolute immunity under Burns v. County of King, 883 F.2d 819, 822-23 (9th Cir. 1989), is unpersuasive in light of Beltran’s clearly controlling conclusion to the contrary. Thus, Duron is not entitled to absolute immunity from the claims that she deliberately fabricated evidence in her investigation and made false statements in the sworn declaration submitted in support of the guardianship termination proceedings.” Costanich v. Dept. of Social and Health Services, 627 F.3d 1101, at 1108-1109 (December 3, 2010). And;

“In Hodorowsky v. Ray, 844 F.2d 1210, 1214 (5th Cir.1988), the court determined that the seizure of children in the absence of a court order under Texas law would not be protected by absolute immunity. The court reasoned that seizure without a court order in the face of an immediate danger seems to us more akin to the function of a police than prosecutors. Policemen, not prosecutors investigate dangerous situations and are charged with the duty, if necessary to prevent injury. BUT POLICEMEN, LIKE MOST OTHER EXECUTIVE OFFICIALS ARE ORDINARILY NOT PROTECTED BY ABSOLUTE IMMUNITY . . . UNLESS THEY ARE ENGAGED IN A FUNCTION INTEGRAL TO THE JUDICIAL PROCESS, SUCH AS TESTIFYING AS A WITNESS. . . . Likewise, in Austin v. Borel, 830 F.2d 1356, 1361-63 (5th Cir. 1987), the court determined that the filing of an allegedly false verified complaint, which under Louisiana law initiated temporary custody of a child, but did not initiate the judicial process concerning need of care proceedings, was not entitled to absolute immunity. THE COURT ANALOGIZED THE FILING OF A VERIFIED COMPLAINT BY A CHILD ABUSE WORKER TO THE SEEKING OF AN ARREST WARRANT BY A POLICE OFFICER, BECAUSE ABSOLUTE IMMUNITY WOULD BE INAPPROPRIATE IN THE LATER CASE, SO TOO WOULD IT BE INAPPROPRIATE IN THE FORMER. Austin, 830 F.2d at 1362.” Snell v. Tunnell, 920 F.2d 673 (10th Cir. 1990.). And

“The Fourth Amendment requires that arrest warrants be based “upon probable cause, supported by Oath or affirmation”–a requirement that may be satisfied by an indictment returned by a grand jury, but not by the mere filing of criminal charges in an unsworn information signed by the prosecutor. Gerstein v. Pugh, 420 U.S. 103, 117 (1975); See also Coolidge v. New Hampshire, 403 U.S. 443 (1971). Accordingly, since most prosecutions in Washington are commenced by information, Washington law requires, in compliance with the constitutional command, that an arrest warrant be supported by an affidavit “or sworn testimony establishing the grounds for issuing the warrant.” Washington Criminal Rule 2.2(a) (1995) provides: “A warrant of arrest must be supported by an affidavit, . . . or sworn testimony establishing the grounds for issuing the warrant. . . . The court must determine there is probable case . . . before issuing the warrant.” Kalina v. Fletcher, 522 U.S. 118, at 129 (December 10, 1997). And;

“We think the right at issue in this case is appropriately identified as the right not to be deprived of liberty as a result of the fabrication of evidence by a government officer acting in a investigating capacity. Understood this way, we conclude that the right at issue is a constitutional right, provided that the deprivation of liberty of which Zahrey complains can be shown to be a result of Coffey’s fabrication of evidence.” Zahrey v. Coffey, 221 F.3d 342, at 349 (July 20, 2000). And;

“The defendants in Calabretta maintained, primarily, that the search and seizure at the family home was reasonable because “any check on the welfare of children” triggered the “exigent circumstance[s]” exception to the Fourth Amendment’s requirement . Id. at 811. They also came at the problem another way, arguing that traditional Fourth Amendment protections do not apply to child abuse investigations at all, as such investigations constitute administrative searches requiring probable cause nor a warrant. Id. At 812. We rejected both arguments, holding both that traditional Fourth Amendment protections apply to child abuse investigations and that the family’s right to be free of warrantless searches and seizures in their home, even within the context of a child abuse investigation, was clearly established at the time of the incident. See id. At 817. We have reaffirmed our holding in Calabretta twice, noting that although the crime of child sexual abuse “may be heinous . . . [this] does not provide cause for the state to ignore the rights of the accused or any other parties.” Wallis v. Spencer, 202 F.3d 1126, 1130 (9th Cir.2000); See also Rogers v. County of San Joaquin, 487 F.3d 1288 (9th Cir.2007).” Green v. Camreta, 588 F.3d 1011, at1022-1023 (9th Cir. 2009). And;

HERE ARE MORE CASES THAT CLEARLY SHOW THAT WE CAN USE A . . . “FRANKS MOTION” . . . MAKING . . . “A GIGLIO CLAIM” . . . “A NAPUE CLAIM” . . . “A PYLES CLAIM” . . . “AN ALCORTA CLAIM” . . . “A MOONEY CLAIM” . . . “AN AGURS CLAIM” . . . AND . . . “A BRADY CLAIM” . . . TO OVERCOME ALL THE JOHN 8:44 LYING CPS SOCIAL WORKERS PERJURED TESTIMONY

“The same legal standard applies in evaluating Fourth and Fourteenth Amendment claims for the removal of children. Wallis v. Spencer, 202 F.3d 1126, 1137 n. 8 (9th Cir.2000).” Brokaw v. Mercer County, 235 F.3d 1000, at 1019 (7th Cir. 2000). And;

“There is no ‘social worker’ exception to the Fourth Amendment.” Jones v. Hunt, 410 F.3d 1221, at page 1225 (10th Cir. 2005). And;

“The courts may not use a different standard other than probable cause for the issuance of such orders.” Griffin v. Wilcox, 483 U.S. 868 (1987). And;

See also Marshall v. Barlow’s, Inc. citing Camera v. Municipal Court, 387 U.S. 523, 528-529 (1967) and See v. City of Seattle, 387 U.S. 541, 543 (1967) holding that: “. . . probable cause has not been abandoned as a requirement . . . .” MARSHALL v. BARLOW’S, INC., 436 U.S. 307, 310, 315 (May 23, 1978).

“The boundary for defendant’s conduct establishing the “contours of the right” involved is the Fourth Amendment, which prohibits unreasonable searches. Anderson, 483 U.S. at 639-40, 107 S.Ct. 3038-39. In 1988, the case law had unimpeachably established “the cardinal principle that searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment.” Franz v. Lytle, 997 F.2d 784, at 787 (10th Cir. 1993). And;

“The Fourth Amendment’s search and seizure provisions are applicable to the defendants through the Fourteenth Amendment’s Due Process Clause. See e.g., Mapp v. Ohio, 367 U.S. 643, 655, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961).” Tenenbaum v. Williams, 193 F.3d 581, at 602 (2nd Cir. 1999). And;

“Caseworkers investigating child abuse, however, like police officers, routinely conduct investigative seizures and searches. Requiring familiarity with the Fourth Amendment will not, therefore, be unduly burdensome.” Tenenbaum v. Williams, 862 F.Supp. 962 at 976 (E.D.N.Y. 1994). And;

“In the context of a seizure of a child by the State during an abuse investigation, as the district court recognized, see Tenenbaum I, 862 F.Supp. at 974 n. 7, a court order is the equivalent of a warrant.” Tenenbaum v. Williams, 193 F.3d 581, at 602 (2nd Cir. 1999). And;
“We have held that the Fourth Amendment regulates social workers’s civil investigations, . . . Wooley v. City of Baton Rouge, 211 F.3d 913, 925 (5th Cir. 2000) (“[I]dentical fourth amendment standards apply in both the criminal and civil contexts.”); . . . In Franks, 717 F.2d at 186, we applied the same Fourth Amendment probable cause standard to regulate the conduct of both a police officer and a social worker.” Doe v. Texas Department of Protective & Regulatory Services, 299 F.3d 395 (9th Cir. 2002). See also Gates v. Texas Dept. Of Protective & Reg. Services, 537 F.3d 404, at 420 (5th Cir. 2008) (holding “that it is well established in this circuit that the Fourth Amendment regulates social workers’ civil investigations.) And;

“The strictures of the Fourth Amendment apply to child welfare workers, as well as all other governmental employees. Brokaw v. Mercer County, 235 F.3d 1000, 1010 n. 4 (7th Cir.2000); Darryl H. v. Coler, 801 F.2d 893, 900 (7th Cir.2986).” Doe v. Heck, 327 F.3d 492, at 509 (7th Cir. 2003). And;

“The Second, Ninth, and Eleventh Circuits have equated the procedures required under the Fourteenth Amendment with those required under the Fourth Amendment for searches and seizures related to child abuse investigations. . . . Wallis v. Spencer, 202 F.3d 1126, 1137 n. 8 (9th Cir.2000) (noting that “the same legal standard applies in evaluating Fourth and Fourteenth Amendment claims for the removal of children”); Tenenbaum, 193 F.3d at 605 (“Whatever Fourth Amendment analysis is employed, then, it results in a test for present purposes similar to the procedural due-process standard.”).” Gates v. Texas Dept. of Protective & Reg. Services, 537 F.3d 404, at 434-435 (5th Cir. 2008). And;

“We have reaffirmed our holding in Calabretta twice, noting that although the crime of child sexual abuse “may be heinous . . . [this] does not provide cause for the state to ignore the rights of the accused or any other parties.” Wallis v. Spencer, 202 F.3d 1126, 1130 (9th Cir.2000); See also Rogers v. County of San Joaquin, 487 F.3d 1288 (9th Cir.2007).” Green v. Camreta, 588 F.3d 1011, at1022-1023 (9th Cir. 2009). And;

PROOF THAT YOU CAN BEAT PERJURED TESTIMONY STARTS FROM THESE CASES:

1.) FRANKS v. DELAWARE, 438 U.S. 154, 92 S.Ct. 2674, 57 L.Ed.2d 667 (1978).

2.) GIGLIO v. UNITED STATES, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (February 24, 1972).

3.) NAPUE v. ILLINOIS, 360 U.S. 264, 269, 79 S. Ct. 1173, 3 L.Ed.2d 1217 (June 15, 1959).

4.) MOONEY v. HOLOHAN, 294 U.S. 103, 55 S.Ct. 340, 55 S.Ct. 340, 79 L.Ed. 791 (1935).

5.) PYLES v. KANSAS, 317 U.S. 213, 215-216, 63 S.Ct. 177, 178, 87 L.Ed. 214 (1942).

6.) ALCORTA v. TEXAS, 355 U.S. 28, 78 S.Ct. 103, 2 L.E. 29 (November 12, 1957).

7.) UNITED STATES v. AGURS, 427 U.S. 97, 103, 49 L.Ed.2d 342, 96 S. Ct. 2392 (June 24, 1976).

8.) BRADY v. MARYLAND, 373 U.S 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (May 13, 1963).

A FRANKS MOTION RAISING THESE TYPE OF CLAIMS COULD UNDO EVERY TERMINATION OF PARENTAL RIGHTS IN ANY CASE WHERE THE STATE OBTAINED A JUDGMENT BASED UPON THE JOHN 8:44 LYING CPS SOCIAL WORKERS FALSE TESTIMONY AND PERJURED STATEMENTS!!!

THE FACT THAT ALL OF THE BAR ATTORNEYS HAVE NEVER TOLD ANY OF THE PARENTS ABOUT THIS IS 100% PROOF THAT ALL THE ATTORNEYS ARE ALL WORKING IN COLLUSION AND CONSPIRACY TO LOSE YOUR CPS CASES ON PURPOSE!!!

HERE ARE THE FOUR (4) MAIN CASES THAT SAYS THAT IF YOU PROVE THAT A CONVICTION WAS OBTAINED UPON FALSE AND PERJURED TESTIMONY, IT IS A MANDATORY REVERSIBLE ERROR AND THEY HAVE TO GIVE YOU A NEW TRIAL OR RELEASE THE DEFENDANT FROM CUSTODY:

1.) United States v. Wallach, 935 F.2d 445, 456 (2nd Cir., Aug. 13, 1991).

2.) United States v. Stofsky, 527 F.2d 237, 243 (Nov. 7, 1975).

3.) United States v. Sperling, 506 F.2d 1323, 1333 (2nd Cir. 1974), cert. denied, 420 U.S. 962, 95 S.Ct. 1351, 43 L.Ed.2d 439 (1975).

4.) Moore v. Illinois, 408 U.S. 786, 797-98, 92 S.Ct. 2562, 33 L.Ed.2d 706 (1972).

For more information, please contact the author at:

Luis Ewing Home Office Phone: 1 – (360) 335-1322

Luis Ewing Cellular Phone: 1 – (253) 226-3741

Luis Ewing SKYPE: <luisewing>

E-mail: <rcwcodebuster@yahoo.com>

E-mail: <rcwcodebuster@aol.com>

E-mail: <rcwcodebuster@gmail.com>

NOTE: My business hours are between 1:00 PM through 10:30 PM on Pacific Standard Time, but you can call up to 12:00 AM Midnight if it is important!
PLEASE DO NOT CALL ME BEFORE 1:00 PM on PACIFIC STANDARD TIME!
Preslie Hardwick v. Marcia Vreeken, No. 15-55563

https://www.youtube.com/watch?v=D0-M5hsyLjQ

* * *

County of Orange officials appeal from the denial of their…
YOUTUBE.COM
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From Ken and Judy Ditkowsky–home health care fraud flourishes in Chicago

It appears that Judy found a Chicago Tribune article that is worth reading, to wit:
 
The article unfortunately did not reference the four GAO reports to Congress,  the umpteen disclosures in the Probate Sharks, NASGA, AAAPG, MaryGSykes blog, the Philip Esformes bullion dollar fraud case, etc.    The authors are reinventing the wheel; however, it is an important start and an update on exactly where we are in the human trafficking scandal.    (As reference point we are one meter into the 250 meter dash! and every one is reinventing the wheel)
 
Even though the Philip Esformes case was covered by the Chicago Tribune, and the Seth Gillman case received mention the “media investigators” failed to build on what should have been learned from the said cases.
 
Maybe our best hope is the Department of Treasury (Internal Revenue Service).    The trillion dollars in ‘booty’ that the Political and Judicial elite assign and commit overt acts to obtain is TAXABLE INCOME and each co-conspirator whether in violation of 18 USCA 371 or otherwise enjoys JOINT AND SEVERAL LIABILITY.   Thus, a Jerome Larkin, who as his overt act filed false and untrue pleadings in attorney disciplinary cases incurred joint and several liability for the FEDERAL AND STATE INCOME TAXES earned when the miscreants that he was covering up for stole personal and Federal funds.
 
The lesson that Mr. Larkin and each of the POLITICALLY AND JUDICIALLY connected co-conspirators must learn (and/or be reminded of) is the fact that a PUBLIC OFFICE is a PUBLIC TRUST!      No one put a gun to Mr. Larkin’s head and demanded that he file false pleadings concerning Ms. Denison, Mr. Amu, yours truly, *****.    Lakin knew (or should have known) of the very obvious FRAUD in the Sykes case (09 P 4585), the Gore case, ****.    Larkin, knew what he was doing when he acted.   Ditto for the guardians, the guardians ad litem, the attorneys for the guardian and the presiding corrupt jurists!      THEY SHOULD AT LEAST PAY THEIR JOINT AND SEVERAL SHARE OF THE BOOTY!!      Illinois is on the verge of Bankruptcy!     It is time for the Political establishment to pay their fair share on the booty earned from trafficking in the ELDERLY and the Disabled!
 
 
 
Ken Ditkowsky

www.ditkowskylawoffice.com

From Ken Ditkowsky–Federal Report shows that Illinois leads in nursing home abuses cases

It would be very nice to be naive.   A naive person could believe that the ARDC is interested in protecting the public from dishonest lawyers.   A naive person would believe the words and phrases of Chicago’s mayor.    A naive person would believe that words of the candidates for governor and in particular believe that ‘fat man’ who tots his difficult childhood as the child of billionaires!   A naive person would believe that Chicago elections are honest and every vote counts!    **** Indeed, it would be nice to have just fallen off the cabbage truck!   BUT SUCH IS NOT THE CASE.
If I was ever naive, I was cured of the disease shortly after I received my law license and a Judge called my home and stated: “THE BID IS 5”    Of course I had no idea what he was talking about, BUT I SOON LEARNED.   I came of age when I did not pay the judge dollar one and I received an adverse decision.   If I was ever naive, it was cured when I went into the voting booth (shortly after my wife and I were married and we lived in a ‘working class’ neighborhood and found the democratic Party flunky in their with me prepared to help me vote.   When another democratic precinct captain came to my home to solicit my vote years later I agreed to vote for him.   I did – I wrote him in on the ballot!    If I was ever naive concerning elder cleansing, I was cured when I had occasion to examine the books and records of a nursing home operated by the Chicago cabal.   My one semester home study course in Accounting was sufficient to observe that actual costs of $2000.00 were overstated by a minimum of 500% and with normal overcharges the facilities reaped a fraud of about 700%.   The billion dollars that Philip Esformes allegedly stole from medicare demonstrates just how profitable the fraud has become.
The Lanre Amu attorney disciplinary case grinds at me.   Every time I hear our mayor tout how he and the Chicago Democratic machine are leaders in the fight for civil rights for all and are such champions of Civil Rights I CRINGE!    The outright racial discrimination suffered by Mr. Amu is not only outrageous but beyond the pale.    The Illinois Supreme Court, the IARDC, the Attorney General**** all are aware that Mr. Larkin filed totally false pleadings concerning Mr. Amu, and essentially charged him with practicing law while black.    (NB.  I make this statement because, shortly after Mr. Amu made his charges against the protected corrupt judge, CRAINS CHICAGO BUSINESS independently made the very same charges.    Worse yet – the wrongful exclusion of civil rights icon Diane Nash from the kangaroo disciplinary proceedings against JoAnne Denison was a racial incident that rivals that of BULL CONNOR!   The insult was never the subject of even the insincere apology that usually follows such an affront!
The media is not interested in HUMAN TRAFFICKING unless there is no election on the horizon that can interfere with the dominate political party and their Elite, or some group is challenging the status quo, but it exists.   Have you seen the following article in the Chicago Tribune or the Chicago Sun=Times?     \

AP Photo/Alex Brandon, File
The Health and Human Services Department building is seen in Washington, D.C. A government audit finds that more than 1 in 4 cases of possible sexual and physical abuse against nursing home patients apparently went unreported to police. The Health and Human Services Inspector General’s Office faults Medicare for failing to enforce a federal law that requires nursing homes to immediately notify police.
Posted August 28, 2017 2:30 PM

Federal report shows Illinois leads in nursing home abuse

By Ricardo Alonso-Zaldivar 
Associated Press writer

WASHINGTON — More than 1 in 4 cases of possible sexual and physical abuse against nursing home patients apparently went unreported to police, according to a government audit that faults Medicare for failing to enforce a federal law requiring immediate notification.

The Health and Human Services Inspector General’s Office was issuing an “early alert” Mondayon its findings from a large sampling of cases in 33 states. Investigators say Medicare needs to take corrective action immediately.

“We hope that we can stop this from happening to anybody else,” said Curtis Roy, an audit manager with the inspector general’s office, which investigates fraud, waste and abuse in the health-care system. The audit is part of a larger ongoing probe, and additional findings are expected, he said.

With some 1.4 million people living in U.S. nursing homes, quality is an ongoing concern. Despite greater awareness, egregious incidents still occur.

Using investigative data analysis techniques, auditors from the inspector general’s office identified 134 cases in which hospital emergency room records indicated possible sexual or physical abuse, or neglect, of nursing home residents. The incidents spanned a two-year period from 2015-2016.

Illinois had the largest number of incidents overall, with 17. It was followed by Michigan (13), Texas (9) and California (8).

In 38 of the total cases (28 percent), investigators could find no evidence in hospital records that the incident had been reported to local law enforcement, despite a federal law requiring prompt reporting by nursing homes, as well as similar state and local requirements.

“Based on the records we had available to us, we could not determine that they had been reported to law enforcement,” Roy said.

The federal statute has been on the books more than five years, but investigators found that Medicare has not enforced its requirement to report incidents to police and other agencies, or risk fines of up to $300,000.

Nursing home personnel must immediately report incidents that involve a suspected crime, within a two-hour window if there’s serious bodily injury. Otherwise, authorities must be notified within 24 hours.

Medicare “has inadequate procedures to ensure that incidents of potential abuse or neglect of Medicare beneficiaries residing in (nursing homes) are identified and reported,” the inspector general’s report says.

In a statement, the Centers for Medicare and Medicaid Services said “nursing home resident safety is our priority and primary focus,” and it is committed “to ensure these vulnerable people are properly cared for and that all viable or alleged instances involving abuse or neglect are fully investigated and resolved.”

The agency said it has long required nursing homes to immediately report abuse and neglect to state officials, and it will have a formal response to the inspector general’s findings once the audit is complete.

The inspector general is urging Medicare to start systematically scouring computerized billing records for tell-tale signs of possible abuse of nursing home residents. Investigators used that approach to find the cases, matching emergency room and nursing home records.

Of the 38 unreported cases, 31 involved alleged or suspected rape or sexual abuse, about 4 out of 5.

But even among the 96 cases that were ultimately reported to police, investigators were unable to tell if the federal requirement for “immediate” notification was followed.

In one case classified as “reported to law enforcement,” an elderly woman with verbal and mobility limitations was taken to the emergency room after she was allegedly sexually assaulted by a male resident of the same nursing home. The report said two silver-dollar-sized bruises were noted on her right breast.

Nursing home staff had helped the woman bathe and change clothes after the incident. “These actions could have destroyed any evidence that may have been detected using the rape kit,” says the report.

Nursing home employees did not immediately report the incident to police, although the federal reporting requirement was in effect. The nursing home “should have reported the incident to law enforcement within two hours of witnessing the incident,” the report says.

Instead, the following day the nursing home contacted the woman’s family, who called the police, triggering an investigation.

Citing a separate probe by state officials, the inspector general’s report says the nursing home “contacted local law enforcement in an attempt to keep law enforcement from investigating the incident.”

The state’s own report found that the nursing home told police “we were required to report it but that we were doing our own internal investigation and did not need (police) to make a site visit … no one was interested in pressing charges.” The police continued their investigation.

The state later cited the nursing home for failing to immediately notify the patient’s doctor and family, as well as other violations of federal regulations. But state officials classified the incident as resulting in “minimum harm or potential for actual harm.”

No other details were provided in the federal report. The inspector general’s office reported all 134 cases to local police.

The number of nursing home residents is expected to grow in coming years as more people live into their 80s and 90s. Medicaid is the main payer for long-term care, while Medicare covers doctors’ services and hospital care for elderly people and the disabled.

This problem is the tip of the iceberg!     Dr. Sugar’s blog is reporting incidents of the human trafficking in FLORIDA,  NASGA,Probate Sharks ******  are reporting more incidents nationally, and JoAnne Denison’s MARYGSYKES and justice4all is detailing the JUDICIAL CORRUPTION AND OTHER CORRUPTIONS that makes the aforesaid trafficking so profitable.    NB.  The Illinois Supreme Court, the IARDC, and Mr. Larkin have made quite an effort to silence these outlets, but the brave soldiers who are resisting ELDER CLEANSING and its human trafficking protection are still standing tall.

I know that I sound like a broken record, but it is time for an HONEST INVESTIGATION to be followed by Honest and diligent law enforcement.   Sending Philip Esformes to jail is a token measure – the PUBLIC FIGURES (such as Jerome Larkin – who routinely files false disciplinary pleadings – see Mary Sykes case 09 P 4585 – is an important target as he enables the corrupt lawyers and judges who prey on the elderly (human trafficking) to prevail!)
While it is not politically correct, please allow me to wish you and yours a MERRY CHRISTMAS!****.
On Thursday, December 14, 2017, 9:18:41 AM CST, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:
took a while – saw this yesterday
What is going to be about this?

From FB: What is up with our Cook County Board–Tim Evans sues Preckwinkle?!?!

https://chicago.suntimes.com/opinion/editorial-is-lady-justice-under-attack-or-is-this-a-county-turf-war/

This is absolutely ridiculous.  With filing fees reaching $400 per case and the system being mostly computerized, how is it that the court system needs more money.

I think Evans should be suing Dorothy Brown to fully computerized the court system, put recording devices in every courtroom, provide computers to transcribe and put everything online like Pacer for 8 cents per page.

Pacer must be raking in millions.

The Federal Court system isn’t struggling, so why is Cook County so screwed up?

The key to all of this is getting rid of non tech savvy anyone in the court system and automating everything.

The beverage tax was a disaster.  The bag tax is just as bad.

What they really want (the Mayor and the Cook County President) is a tax on breathing Cook County air, so just go ahead and do that.

https://chicago.suntimes.com/opinion/editorial-is-lady-justice-under-attack-or-is-this-a-county-turf-war/

From Ken Ditkowsky–update status on Mary G Sykes 09 P 4585 case

To: White House <president@messages.whitehouse.gov>, Chicago FBI <chicago@ic.fbi.gov>, ……..
Subject: Fw: Re: MARY G SYKES
Date: Dec 6, 2017 10:59 AM
IT APPEARS THAT THE SYKES CASE STILL LIVES!
Few cases involve the infamy that this particular case has.   IT IS A MONUMENT TO PUBLIC CORRUPTION that is heretofore unmasked in American jurisprudence.    Indeed, judicial corruption has been exposed before, but, few cases match Sykes.
Please let me explain  –  The record documents in this case are replete with irrefutable evidence of FRAUD.     The miscreants were open and notorious in their misbehavior – in fact they were proud of it.    Let’s start with the service of summons.
Mary Sykes sought an order of protection from the person names as plenary guardian because she caught that person alleging stealing several thousand dollars from her.   The plenary guardian countered by filing a Petition for guardianship of Mary and REMOVED Mary from Cook County to DuPage County.   By Statute the petition should have been filed in DuPage Court as Mary was involuntarily in DuPage County.
Recognizing that even the Cook County Court looks with disfavor on kidnapping, the Petition for guardianship was filed in Cook County and the Sheriff was directed to serve Mary at an address that Mary no longer resided.    So open was the FRAUD that the miscreants shared the fraud with the guardian ad litem, and the guardian ad litem shared the information with the Judge.   In the file is a letter from GAL Cynthia Farenga reporting to the corrupt Judge that Mary is living in DuPage County and therefore they need a GAL who resided in DuPage.   Thus Adam Stern was appointed as the 2nd guardian in line.  He certainly was aware that he was party to a fraud, however, as the court record reveals this sham continued unabated.     Stern in an e-mail to Ms. Gloria Sykes makes it quite clear that he ‘drafted’ the order appointing a plenary guardian which the corrupt judge rubber stamped.    The transcripts even go so far as to reveal that Stern found a psychiatrist willing to sell out his license to (without examining Mary) would sign an affidavit that Mary was incompetent.
Of course Stern, Farenga, the corrupt judge et al knew that 755 ILCS 5/11a – 3 required proof by clear and convincing evidence of not only the incompetency of Mary, but the degree.  – THIS DID NOT BOTHER ANYONE —
THE FIX WAS IN! 
It was clear that the Judge would protect the criminal enterprise going on.   Judge Connors so admitted this on page 91 of her Evidence Deposition.    As time has demonstrated JEROME LARKIN and the Illinois attorney registration and disciplinary commission = just like they attempted in the OPERATION GREYLORD scandal – were on the scene to thwart any HONEST INVESTIGATION and anyone examining the File.
To date the ‘swamp’ has been successful and Mary was killed off, 3 million dollars (plus or minus) stolen from Mary – sans any State or Federal Income taxes, hundreds of thousands of dollars stolen from Medicare, social security etc – sans Federal Income taxes etc.     The perfect crime.
Even though Gloria Sykes is a journalist  – –  NOT ONLY IS LAW ENFORCEMENT IMPOTENT but the media shuns this case ignoring the THREAT that it imposed on every single citizen!      The miscreants enjoy absolute immunity!!!!!
Letters, e-mails, personal appeals etc all fall on deaf ears!
So obscene is this attack by the miscreants in the Mary Sykes case on the core values of America that even with the STATE OF ILLINOIS on the verge of Bankruptcy the STATE is disinterested in seeking to collect the INCOME TAXES that are jointly and severally due from each of every member of the ‘conspiracy.’     The legislature would rather raise the your taxes rather than interfere with the profits stolen by the miscreants and each of them!    The demand for a HONEST INVESTIGATION was laughed at and ridiculed by JEROME LARKIN comparing it and the exposure of judicial corruption as being akin to yelling fire in a crowded theater.
Health care fraud comes with a 700% fraud surcharge — take a look at the Sykes case and it should be clear to all exactly why there is a 700% fraud surcharge and why Obamacare, Trumpcare etc ALL WILL FAIL!     (You should also get a clue as to why Illinois is on the verge of BANKRUPTCY!)

Ken Ditkowsky

www.ditkowskylawoffice.com

From Joanne:

The Sykes case 09 P 4585 is hopelessly corrupt.  Mary Sykes was guardianized without service, without anyone reading her her rights and giving the required notices.  She wa not properly served as shown by the Record on Appeal.

Next, no hearing was held on her incompetency.  It was all allegations.  On the day of the “hearing” she was told to be quiet and her sisters and Gloria who tried to give testimony freely were not allowed to do so.  Judge Connors (someone is protecting her), did not require a doctor (MD) to testify to Mary’s incompetency.

 

Gloria’s former attorney, Jay Dolgin, asked Judge Connors for discovery prior to hearing.  She quipped, “why would you want that?” and denied his requested. He replied he wanted to find out Carolyn’s finances, if she had taken from Mary before, etc. And what about that Protective Order Mary filed.

Judge Connors did not care.

The case is replete with lack of due process, no service upon Mary or her elderly sisters.

At my trial, the ARDC had a fit because I prepared a “Table of Torts”–which is still valid today.

Gloria has had no accounting of the Trust which held her mother’s home and which was illegally broken to sell Mary’s home for “Mary’s care”, which really went to pay for a string of nursing home–a place where Mary never wanted to be per her advance directives, a Power of Attorney given to Gloria which was summarily terminate by Judge Connors without due process (Notice, Petition, Discovery and Hearing).

Another fit the ARDC had was over the fact Gloria finally, and after a huge long struggle and many years, was able to subpoena the “drill out” order for a safe deposit box that both Mary’s and Gloria’s name was on.  As soon as Carolyn Toerpe was appointed guardian, without telling the court or Gloria, she drilled out a safe deposit box containing hundreds of thousands of dollars in valuable coins.  Where are those coins?  Who has them?  No one knows because all discovery was quashed by both the ARDC and by the Probate Court.  Discovery of missing assets was not allowed.  Of course, there is no reason to look for assets when the entire court room knows they are being stolen.  By whom?  No one knows, but again, discovery and due process is never allowed when a court room is allowed.  The authorities will just say it’s a civil matter, even when the problem is happening right in the courtroom and there is no judicial oversight.

Today, someone sent me a law that the current president signed into law, DT.  You can read about it here.   $2.9 billioon is supposed to be used to fight elder abuse, but no where in this law does it attack the massive corruption in guardianship occurring right in our own nation’s court rooms.  This money is supposed to go to “training law enforcement” (that never gets involved anyway, and to “conducting research” which means there will be millions handed out in social justice grants–but these grants do not go to the NFP’s and NGO’s on the ground fighting this stuff (see my Wish List elsewhere on this blog), but it will go universities who collect data and research but really do nothing and don’t help people fight this stuff out in court or through the authorities demanding that the authorities investigate, return stolen/embezzled funds and indict.

You can see the law here, and thanks to Jinny Johnson for passing this along.

https://www.congress.gov/bill/115th-congress/senate-bill/178/text

it’s  a law with no teeth and it looks like it is money that was given to certain friends and cronies for doing nothing about the real problem–abusive guardianships.

Joanne

From LB and KKD: lawyer facing disbarrment over cronies in corrupt abusive guardianship case.

Illinois has the blood on it’s hands  of myself, Ditkowsky and Amu over exposing corruption in Cook County Illinois.

However, not to be outdone, is Barbara Stone protecting her mother in Miami Dade Florida, and for that she lost her license to practice law and her mother is still at risk. The case started when Barbara Stone filed a guardianship case in Miami, Florida when her brother forged hundreds of thousands in checks out of mom’s accounts.  Guardianship was to protect Mother; instead, that turned into a nightmare.

Next is Lisa Belanger in New York.  She was handling her 89 year old father’s estate when she got into some minor bickering with Melon Bank New York when they did not perform transfers promptly to pay his bills.  Next thing she knew, a third party attorney, accountant and GAL took charge of the estate draining millions from it in months.

Please read the below and pray for Mother Helen Stone and Lisa Belanger.

LAWYERS CHARGED WITH FLEECING ELDER MARVIN SIEGEL OUT OF MILLIONS  ̶

THEN ATTACK DAUGHTER – SEEKING TO GET HER DISBARRED

BOSTON BROADSIDE CITED IN COMPLAINT TO BAR COUNSEL

 

PART 4

by Lonnie Brennan

“High-powered lawyers” is an understatement to describe the North Shore powerhouse of attorneys who have been accused of isolating and medicating retired Attorney Marvin H. Siegel of Boxford, Mass. in order to liquidate his estimated $7 million estate.

BACKGROUND SUMMARY

Mr. Siegel has been held as a virtual hostage in his own home, with 24/7 round-the-clock “guards” (medical providers), who, according to one of his daughters, have isolated the 89-year old from close family members for the past five years. Mr. Siegel was placed on lock-down through a court decree of unlimited powers granted to Attorney Brian T. Cuffe, courtesy of Judge Susan D. Ricci (who wrote the order while the presiding judge was on vacation in Italy).

Mr. Siegel’s nightmare is complicated, but highlights are contained in Parts 1, 2, and 3 in prior issues of The Boston Broadside.  In summary, he was involuntarily committed to a psychiatric facility (Whittier Pavilion in Haverhill, Mass.) by a doctor at Beverly Hospital, following a questionable ambulance transport from his house to the hospital. His evaluation was for potential Alzheimer’s onset. It has been charged that Brian Nagle of BNY Mellon, which held the bulk of Mr. Siegel’s multi-million dollar estate, dispatched Atty. Edward Tarlow and his associate Catherine Watson to the psychiatric facility where, according to Mr. Siegel’s attorney daughter, Lisa Siegel Belanger, Mr. Siegel s was administered drugs and lied to, and unwittingly signed away years of careful, deliberate family and estate planning documentation.

Mr. Siegel later experienced a second involuntary commitment at Merrimack Valley Hospital half-a-year later, the daughter charges, after the newly signed documents were used by Attorney Cuffe to further drug and control the senior. The details of that commitment are noted in prior issues of this newspaper. Nightmare is a gentle term to describe the “legal kidnapping,” medication, isolation, and subsequent liquidation of Mr. Siegel’s life-estate.

KAZAROSIAN STRIKES BACK AGAINST DAUGHTER

High-profile Attorney Marsha V. Kazarosian, along with Attorneys Cuffe, James E. Feld, and Thomas J. Barbar, have collectively filed a complaint to the Office of the Bar Counsel, Board of Bar Overseers (B.B.O.) of the Supreme Judicial Court in Boston for “professional misconduct” on the part of daughter Lisa Siegel Belanger, who has fought the high-financed lawyers tooth and nail for five years.

In their complaint (B.B.O. File NO. C2-12-002476408 – Marsha V. Kazarosian, et. al.), the lawyers who have controlled Mr. Siegel’s estate – and have drained an estimated $1 million from the estate over each of the past five years (according to court filings) – submitted 101 pages of counter-claims against Lisa Siegel Belanger, inclusive of exhibits which admonish Lisa for speaking to the press. The exhibits include several pages of Boston Broadside coverage of the case.

Attorney Marsha V. Kazarosian participating in the Massachusetts Lawyers Weekly Circle of Excellence 2016 Roundtable  – YouTube

 

The complaint states that The Boston Broadside was provided with lies by the daughter, but in 101 pages, not one lie is exposed, nor even mentioned. We’ve reviewed the case files (thousands of pages, and exhibits, as well as video and audio tapes and eagerly await clarification in the future on what appear to be a broad-brush tarnishing of Lisa Siegel Belanger for daring to go up against such a powerhouse team of attorneys. Most striking is that Lisa’s exposure throughout this process of multiple other seniors who have suffered similar actions by some of these same lawyers, is not addressed.

Since the Boston Broadside’s articles have been published in more than 38,000 printed newspapers, as well as online, other media have picked up the story. The question which is repeatedly asked is how Kazarosian and her fellow “untouchables” could have gained so much control over Mr. Siegel. And the recent B.B.O. complaint, when shared with others brings more questions. In the complaint, Kazarosian charges Mr. Siegel’s daughter with exploiting her own father, for spending a fraction ($85,000) of his multi-million dollar holdings. Apparently, most of those funds were actually spent defending Mr. Siegel against the “untouchables.” So, how is this “exploitation” by Lisa, we are asked? And how can Kazarosian keep a straight face saying that the untouchables need to spend millions to defend themselves against Lisa?

The untouchables’ complaint against Lisa also spills much ink over a series of contempt-of-court charges made against Lisa. The bulk of the charges were made because Lisa visited her father in the hospital, where he was believed critically ill from complications of various drugs. Lisa took too long to respond to the first contempt-of-court charge, and was subsequently fined multiple times (and re-charged with multiple contempt-of-court charges) until she made payments to certain untouchables to cover their legal fees in prosecuting her for visiting her father, against their wishes. Seriously, truth is stranger than fiction.

Counter-complaint filed by Attorneys Kazarosian, Cuffe, Feld, and Barbar against Marvin Siegel’s daughter Lisa, claiming she is the reason they have had to deplete millions from his estate to fight her – to protect Marvin Siegel from her exploitation.

A further question we’ve been asked is: If Lisa had been guilty of misspending any money, why was she not charged or has had any complaint lodged against her for five years, until she recently went public to the press?

Most curiously, we’ve been asked: Why now? Why are these four, high-powered attorneys who took control of Mr. Siegel’s estate, now, after five years, striking out against Mr. Siegel’s daughter, Lisa? Is it because Kazarosian’s, Cuffe’s, Feld’s and other’s actions have “seen the light of day” in a newspaper?

Of interest, Kazarosian has taken out a full-page color advertisement in Massachusetts Lawyers Weekly, a private publication made available to lawyers, stating (in all capital letters): “LAWYERS TRUST MARSHA KAZAROSIAN AND WALTER COSTELLO TO LEAD THEIR BAR ASSOCIATIONS. CLIENTS TRUST THEM TO OBTAIN THE BEST RESULTS.” The ad is estimated to cost in excess of $4,500 according to the publication’s online posted rates. In the ad, Kazarosian is featured in a low-cut top, with a smiling, suited Costello.

Kazarosian is the immediate past president of the Massachusetts Bar Association. In addition to a long list of service in various lawyer associations, in January 2016 Kazarosian was appointed by Gov. Charlie Baker to the Supreme Judicial Court Nominating Commission. She had previously served six years with the B.B.O.

Notes: Lisa Siegel Belanger had previously filed multiple submissions to the B.B.O. (approximately a dozen, she stated) against Kazarosian and her group during the past four years. Each has been outright rejected, stating that no investigation could take place as it was “pending litigation.” In contrast, Lisa is now forced to reply to the one Kazarosian complaint – the one complaint that seeks to strip Lisa from her livelihood –  her ability to work as a lawyer.

Lisa filed a complaint of racketeering against Kazarosian, et. al., but the courts refused to consider it, despite multiple attempts (and it has been revealed that more than one court judge is closely tied with Lisa’s opponents!).

The lawyers who control Mr. Siegel’s estate continue to try to get him vacated from his $900,000+ Boxford home. And Lisa continues to fight them every step of the way, appeal after appeal. But the case has never been discussed in court – always rejected in the lower courts on technicalities of paperwork filings, never on the merits of connected lawyers isolating, medicating, and liquidating a defenseless senior.

Where from Here?

With the involvement of such high-powered lawyers and the seeming acquiescence of the judicial system, several people have suggested that perhaps it is time for the U.S. Attorney’s Office to take a look at this entire case. Similar cases of elder mistreatment have also recently come to our attention which we are in the process of investigating. Stay tuned.

(NOTE: Kazarosian either intentionaly lied or else has serious comprehension problems: she misrepresented The Boston Broadside’s article regarding the cataloguing and control of the contents of Mr. Siegel’s safety deposit box in her complaint to the B.B.O.)

 

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5 thoughts on “PART 4: LAWYERS CHARGED WITH FLEECING ELDER MARVIN SIEGEL OUT OF MILLIONS…NOW SEEK TO GET HIS DAUGHTER DISBARRED”

  1. Go instantly to the feds:

    In addition to elder abuse, financial abuse
    and racketeering, covered in RICO laws.

    The racketeers are the members of the state Bar (both
    lawyers and judges) who use their “special knowledge” (a legal term
    of art in RICO law) to create a problem in order to
    charge fees to solve it.

    We will be re-posting your series at StopProbateFraud.com,
    with your permission.

    Go on offense!
    Pershing

  2. Same thing is happening in New Mexico. I dared to protest against the attorneys theft of my mother’s trust’s Earned Interest Income through the attorney’s misuse of their IOLTA accounts. I filed a complaint at the New Mexico Disciplinary Board against loss of Earned Interest Income, as well as the court-appointed Trustee’s renewal & subsequent use of my deceased mother’s American Express credit card, and cell phone, and the sale of my mother’s house at well below market value to a former client of court-appointed Trustee. I was punished, not the lawyers.

    The District Court Judge found me guilty of “making mistakes” and “running to the Disciplinary Board” for every disagreement and since the Chief Disciplinary Counsel had — on his own and without any review by the complete Board — dismissed all my documented complaints against the 6 attorneys involved, I was fined $11,700+ in legal fees, paid to the lawyers to reimburse them for the time they spent defending themselves against my complaints to the Disciplinary Board.

    The Chief Disciplinary Counsel of New Mexico is Bill Slease (I am not making up that last name.) Slease is an estate planning attorney, and therefore hardly a disinterested party in guardianship and trust cases. Slease had repeatedly and acting on his own and without oversight from the complete Disciplinary Board, dismissed multiple complaints about the same group of attorneys who are conducting a probate racket in New Mexico, much as Kazarosian et al are in Massachusetts. Evidently, the ‘new’ way for probate attorneys and judges to make money, is to steal it from the incapacitated, and the dead.

  3. Kellys comment is absolutely factual as our family is still in the Guardianship turnstile of looting and financially abusing the elderly in ABQ, NM. This is a finely tuned well oiled machine. The Judges are at the Helm of the Crime, appointed Corrupt colluded Conservators who themselves has history of abuse to his 2nd wife. These appointees are not vetted, no background cks and have a license to steal with their Law Degree. Bill Slease, Disciplinary Director in NM is part of the collusion. Everyone of the many know who have filed complaints are told they lack supporting documents and that is true. The Trustee who is his friend refuses to provide them to the family’s which is illegal and in direct violation of state statutes and Uniform Probate Codes. We have taken this to the Supreme Court who sat a panel of 16 Judges and Attys, (Appointed will not Sanction these attys even after proof has been filed and provided to Judge of the laws broken by the appointments. NEVER go to an atty in NM and get your parents out of their.

  4. ” Improper use of an adult’s funds, property, or resources by another individual is elder abuse. This includes, but is not limited to, fraud, embezzlement. forgery, falsifying records, coerced property transfers, or denial of access to assets.”

    ABQ victims first thought is Darryl Millet, Greg MacKenzie, Decades, Tom Schmidt II, Bruce Puma, Barbara Buck, Patrick Westerfield, Vanessa DeNiro, Ruth Pregenzer, Modrall Law Firm, Judith Wagner CPA, Judge Brickhouse/Judge Nash, allegedly have been part of the exploitation “allegedly” for decades looting Elderly Estates.

Ken Ditkowsky

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From KKD: New Chicago Task force for Health Care Fraud Formed

With Chicago being a major center for health care fraud (see the tales of death of Jay Brouckmeersch, murdered in probate, Mary Sykes, Dorothy Baker, Helen Rector, Alan Frake, etc.) this comes as no surprise:

https://www.justice.gov/usao-ndil/pr/united-states-attorney-s-office-chicago-creates-new-unit-prosecute-criminal-health-care

United States Attorney’s Office in Chicago Creates New Unit to Prosecute Criminal Health Care Fraud Violations

CHICAGO — Joel R. Levin, Acting United States Attorney for the Northern District of Illinois, today announced the creation of a new unit dedicated to the prosecution of criminal health care fraud violations.

 

The newly created Health Care Fraud Unit will operate within the office’s Criminal Division. The unit will be tasked with prosecuting defendants in all types of health care fraud, from providers who engage in fraudulent billing schemes to doctors who falsify patients’ diagnoses to justify expensive tests or procedures that aren’t medically necessary.

 

“Every year, health care fraud causes millions of dollars in losses to Medicare and private insurers,” said Acting U.S. Attorney Levin. “Health care fraud also often exploits patients through unnecessary or unsafe medical procedures. Health care providers who cheat the system must be held accountable. Our office has successfully prosecuted numerous health care fraud cases in recent years. The new Health Care Fraud Unit will build on that success and bring even greater focus, efficiency and impact to our efforts in this important area.”

 

The unit will include five prosecutors, led by Assistant U.S. Attorney Heather McShain. Assistant U.S. Attorney Stephen Chahn Lee will serve as the unit’s Senior Counsel.

 

The office has a long history of prosecuting significant health care fraud cases, and the new unit is expected to expand on those efforts. Last week the office participated in the largest health care fraud enforcement action in Department of Justice history. The national takedown involved more than 400 defendants, including 15 individuals charged in the Northern District of Illinois.

 

Other significant health care fraud prosecutions include a north suburban chiropractor and his brother and father, each of whom was sentenced to prison in connection with a phony billing scheme that bilked insurance carriers out of more than $10.8 million. DR. VLADIMIR GORDIN JR., VLADIMIR GORDIN SR. and ALEXSANDER GORDIN used their chiropractic clinic, Gordin Medical Center S.C., to falsely bill for medical services that were either not provided or weren’t medically necessary. The Gordins were sentenced to prison terms earlier this year. Vladimir Gordin Jr. was sentenced to seven years; Vladimir Gordin Sr. was sentenced to two and a half years; and Alexsander Gordin was sentenced to two years.

 

The office also recently secured ten criminal convictions as part of a multi-year investigation into Sacred Heart Hospital in Chicago. For more than a decade, Sacred Heart executives conspired to pay kickbacks and bribes to physicians to induce them to refer patients for services that would be reimbursed by Medicare and Medicaid. The fraud scheme earned Sacred Heart millions of dollars from Medicare and Medicaid. The convictions include EDWARD NOVAK, the hospital’s owner and chief executive officer; ROY PAYAWAL, the chief financial officer; CLARENCE NAGELVOORT and ANTHONY J. PUORRO, chief operating officers; DR. VENKATESWARA R. “V.R.” KUCHIPUDI, a physician; as well as four other physicians. Sacred Heart closed in 2013.

 

Fraud in the home health care and hospice industries have also been the subject of prosecutions, and the Health Care Fraud Unit will continue those efforts. The office’s investigation of home health care fraud has resulted in convictions of doctors, nurses, marketers, and executives at multiple companies, including DIKE AJIRI, the former owner of Chicago-based Mobile Doctors; BANIO KOROMA, a physician at Mobile Doctors; and DIANA JOCELYN GUMILA, the former clinical head of Schaumburg-based Doctor at Home. An investigation of PASSAGES HOSPICE in Lisle recently resulted in prison sentences for multiple defendants, including owner SETH GILLMAN, who was sentenced earlier this year to six and a half years in prison; and ANGELA ARMENTA, Passages’ former director of certified nursing assistants, who was sentenced last month to 20 months in prison.

 

The Health Care Fraud Unit will also focus on prosecutions related to the diversion of controlled substances, which is an area of emphasis for the office as it continues to battle the opioid crisis. The office has previously prosecuted significant diversion cases, including procuring the guilty plea of DR. SATHISH NARAYANAPPA BABU, who formerly owned Anik Life Sciences Medical Corp. in southwest suburban Darien. Dr. Babu prescribed controlled substances, including OxyContin and Hydrocodone, to certain patients without having examined them. Dr. Babu was sentenced in 2015 to 18 months in prison.

 

In announcing the new unit, Acting U.S. Attorney Levin acknowledged the cooperation and determination of the office’s investigative partners, including, among others, the Chicago offices of the Federal Bureau of Investigation, U.S. Department of Health and Human Services Office of Inspector General, U.S. Department of Labor’s Office of Inspector General, U.S. Food and Drug Administration, and U.S. Postal Inspection Service.

The formation of this unit several month’s ago was a step toward addressing the serious problem of elder cleansing right here in the Chicago area.     I understand that there is also a National unit.
The problem that runs right along with the fraud surcharge is the problem of official corruption.
Without the connivance of corrupt judges and public officials the health care frauds could not flourish!    In the Philip Esformes indictment there is a public official – a minor one – who allegedly took bribes.    Was she alone?    I think not!    The criminal conduct of the POLITICAL ELITE is the fuel that drives this particular fraud.    Only an HONEST INVESTIGATION commencing instanter can find out the facts.   This investigation has to start at square one.
Where is square one?    Dr. Sugar – you are writing the book!    I yield to your expertise.    By this e-mail all I want to do is send out the word that we MAY NOT BE ALONE!    We might have friends over at the Department of Justice!

Ken Ditkowsky

www.ditkowskylawoffice.com

What we are really waiting for is for the FBI to investigate the murders and thefts involving the following estates:

  1.  Mary Sykes.  $3 million missing, unaccounted for.  One judge, Judge Stuart resigned and Judge Connors is being protected.  No jurisdiction in this case, no service upon Mary Sykes, or notice to her 2 elderly sisters Yolanda and Josephine prior to the guardianship trial.  Nearly $1 million is missing in gold coins.  The probate court quashed all discovery.  Mary was narcotized to death in the end.  Attorneys Farenga, Stern, Waller, Schmeidel, Soehilig and others were a part of the scheme.  Farenga, in particular, begged the ARDC not to investigate her but to investigate other attorneys (myself and Ken Ditkowsky who were complaining the case was corrupt) and the ARDC complied, handed us both lengthy suspensions, and ignored the fact millions are missing from the Sykes case and Mary was murdered in the end.  None of the miscreant attorneys have been investigated:  Farenga, Stern, Waller, Schmeidel and Soehlig all helped to cover up a nasty string of felonies.  At the ARDC, Larkin, Grogin, Opryszek and Smart helped to cover up the conspiracy there to loot and murder Mary at the end of her life.  No investigation has been undertaken.  No subpoenas have been served and depositions have not been taken.  Judge Stuart resigned over the case, but Connors is being protected.  Why?

Other cases which require investigation are Peterson, Frake, Dorothy Baker and others.  I have list of over 30 cases you can find here:

https://drive.google.com/open?id=0B6FbJzwtHocwU182UkVSRnFNaXc

lots to investigate.

joanne