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 RM: Columbus, OH lawsuit alleges that doctor gave 27 elderly patients fatal doses of fentanyl.


COLUMBUS (WCMH) – A Columbus, Ohio doctor and the Mount Carmel Health System are being sued for allegedly intentionally administering a lethal dose of fentanyl to a woman in late 2017.

The wrongful death suit was filed by the estate of Janet Kavanaugh, who died at Columbus’ Mount Carmel West Hospital on Dec. 11, 2017 at the age of 79.

According to the lawsuit, Doctor William Husel prescribed Kavanaugh an excessive amount of fentanyl for the purposes of hastening the termination of her life.

Fentanyl is a powerful opioid pain medication, approximately 100 times stronger than morphine. Kavanaugh was given 1,000 micrograms of fentanyl through an IV, causing her death within 18 minutes, according to the lawsuit.

Kavanaugh’s family said they learned of the fentanyl dosage more than a year after Kavanaugh’s death. A physician-administrator called the family and informed them of the fentanyl dose, according to the lawsuit.

A second call alleged at least 26 other patients were the victims of excessive doses.

Kavanaugh’s family said they were told the staff members involved in her care have been suspended from patient care.

The Franklin County Coroner’s Office said it is investigating the matter.

In early December 2018 Mt. Carmel and Trinity Health Systems notified this office and other appropriate authorities with regard to conduct by a medical employee. This office met with Doctors, executives and attorneys for the hospital and been in contact with other law enforcement and state regulatory agencies. Mt Camel and Trinity Health systems have been fully cooperative and responsive to lawful requests for additional information and documents. A thorough investigation is being conducted.At the present time this office is not able to answer questions until the investigation is completed.

Mount Carmel issued the following statement:

Mount Carmel recently reported to authorities, the results of an internal investigation regarding the care provided by a doctor who, until recently, worked with patients requiring intensive care.

During the five years he worked here, this doctor ordered significantly excessive and potentially fatal doses of pain medication for at least 27 patients who were near death.

These patients’ families had requested that all life-saving measures be stopped, yet the amount of medicine the doctor ordered was more than what was needed to provide comfort.

On behalf of Mount Carmel and Trinity Health, our parent organization, we apologize for this tragedy, and we’re truly sorry for the additional grief this may cause these families. Our team has contacted these families and will continue to answer their questions and concerns as best as we can.

Following our discovery, we addressed related patient safety issues. We removed this doctor from all patient care and terminated his employment. We reported this situation to the appropriate authorities, including law enforcement. We changed processes to help ensure this event does not happen again.

We’re working hard to learn all we can about these cases, and we removed 20 hospital staff from providing further patient care while we gather more facts. This includes a number of nurses who administered the medication and a number of staff pharmacists who were also involved in the related patient care.

Mount Carmel provides compassionate care that takes into account the decisions of patients and their families. We believe in helping patients who are near death die peacefully and naturally.

The actions instigated by this doctor were unacceptable and inconsistent with the values and practices of Mount Carmel, regardless of the reasons the actions were taken. We take responsibility for the fact that the processes in place were not sufficient to prevent these actions from happening. We’re doing everything to understand how this happened and what we need to do to ensure it never happens again. We’re joined in this effort by leaders of Trinity Health and we’ve asked outside experts to assist us.

Our integrated team is identifying immediate root causes to ensure that our best-practice care guidelines are followed. So far, these include a new escalation policy for increases in pain medication dosing and a new approval process for pain medication at high doses during similar situations.

For many years, Mount Carmel has worked to reduce medical errors and create a culture in which staff report concerns. In particular, over the past 18 months, we have engaged in ZeroHarm and High-Reliability training to stop preventable medical errors—work that puts systems into place to make the care we provide highly reliable and consistent. This focus on high-reliability helped us to discover these events because one of our employees spoke up and reported a safety concern.

Despite our meaningful progress in building a high-reliability organization, we recognize we have more work to do. We’re committed to making sure our employees work in an environment where they have the right to speak-up—without fear of retribution.

As with everything we do, we will continue to rely on our values to guide us in responding to these events. We will continue to do the right thing, to act with integrity and be transparent.

While these actions have brought shock and hurt to our organization, this will not define us.

Our more than 11,000 employees at Mount Carmel are outstanding professionals committed to safe, high-quality, people-centered care. Together, we will find strength in the values and beliefs we’re known for.

Our thoughts and prayers are with the involved patients and their families, and we ask for their forgiveness.

We will learn from this, and we will do better—because our patients and their families deserve our very best.

from Joanne;

I find it very interesting that 1) the facility conducted an investigation (most are swept under the rug and denied and 2) someone actually apologized.

I had a complaint this week that an elderly grandmother, age 90 plus, not in a guardianship (thank goodness), was being drugged by a family member who got doctors to write prescriptions to drug her into a stupor.  One sister was able to get a protective order against him.  Then the brother went to court and pled with the judge to give him another chance.  The judge let the family enter into a protective order that brother would not go near grandma or drug her.  Of course, a few weeks later, he did it again, with the help of doctors and an old POA.  Sister  found out again and went back and told the judge.  This time not only had grandma been drugged, but brother moved her into hospice (grandma had no known health issues other than a bit of memory loss and some high blood pressure),  Fortunately sister got the protective order reinstated, got grandma out of hospice and to the ER where she is recovering nicely and will be going back home again with another sister.

This story had a happy ending, but far too many don’t.  Brother was terrorizing his 3 sisters because he could afford an attorney and they couldn’t.  Brother wanted grandma’s millions right away and could not wait for her to kick the bucket.  Fortunately, his lawyer quit, the sisters felt safe enough to go back to court, and they fixed everything.  Keep on praying for them tho.


PS==remember elderly Joy Brouckmeersch was murdered while  Cook County Judge stood by and did nothing to help daughter save her.

From KD: Rabbi involved in multimillion Ponzi investment scheme for nursing homes



Rabbi accused of nursing home Ponzi scheme ordered to pay $13M to investor

Rabbi Zvi Feiner allegedly sought investors for nursing home deals, then pocketed the profits once the businesses were sold

By Joe Ward | 

Research by Haru Coryne

December 28, 2018 04:00PM

A North Shore rabbi has been ordered to pay $13 million in his ongoing legal battle over an alleged real estate Ponzi scheme that bilked investors out of more than $35 million.

Zvi Feiner, rabbi of an Orthodox Jewish Congregation in Skokie and head of the Feiner Investment Corporation, stands accused of using his status in the Jewish community to entice investment into nursing homes, which he would acquire and ultimately sell without paying back investors.

His alleged victims include a 90-year-old Holocaust survivor, a group of Jewish day school teachers that lost their life savings in the scheme, and a fellow Orthodox Jewish rabbi and businessman.

Rabbi Sidney Glenner invested more than $25 million in six loans to Feiner’s real estate companies between 2013 and 2015. The money was to be used to invest in nursing and retirement homes, with Feiner offering up as collateral his existing real estate holdings, according to court records.

At the same time Glenner made the loans, Feiner’s businesses began to falter. By 2014, a lien was placed on all of Feiner’s assets by a different investor, complicating Glenner’s investments and his efforts to be repaid.

When Glenner’s loan payments came due, Feiner said he could not pay due to “financial stress,” court documents show. Instead, he offered up various properties. But he already had sold some of the properties, and the value of the collateral is disputed by the two parties, according to court documents.

For example, Glenner in 2013 made a $3.8 million loan to Feiner for a nursing home investment in Downstate Decatur. The Decatur venture is also the subject of other lawsuits against Feiner, in which investors claimed the rabbi would make regular disbursements to investors before abruptly stopping.

Feiner told investors the nursing home’s operator was not paying rent and so he was forced to turn the property over to a lender. Local news reports, however, allege Feiner stopped paying the bills for the facility, causing its operator to close its doors. While the nursing home was open, Feiner borrowed from the facility and never paid it back, according to a previous lawsuit.

Eventually, the building that housed the nursing home was turned over to Glenner. The property was valued at $500,000, but Glenner had to pay $450,000 in unpaid real estate and payroll taxes, court records claim, leaving an the outstanding loan payment at $3.75 million.

In another case, Glenner loaned Feiner $7 million, and Feiner offered up four properties as collateral. When Feiner didn’t make payments on the loan, Glenner sought to take over the properties used as collateral — except Feiner had already sold two of them, according to court records.

In 2017, Glenner sought arbitration against Feiner in the Jewish Ecclesiastical Court of the Chicago Rabbinical Council. The court ordered Feiner to pay $13.2 million in the case. Now, lawyers for Glenner are asking the Cook County Circuit Court to confirm the Rabbinical Court’s ruling.

Feiner could not immediately be reached for comment.

This is at least the fourth lawsuit filed against Feiner involving his nursing home investment enterprise.

In November, the Cohen family of Chicago sued Feiner in federal court, saying he took more than $2 million in investments and never repaid them. One of those investments involves the Decatur nursing home. The family also invested in a South Holland retirement home that Feiner eventually sold for a profit of $3.6 million, which he did not share with investors, the suit alleges.

Earlier this year, a group of investors sued Feiner, saying they invested $15.5 million in his nursing home companies and were never repaid. In September 2017, a federal suit was filed against Feiner, with investors saying the rabbi’s failure to pay them for joint ventures he sold constituted a violation of the RICO Act.

Comments from Ken Ditkowsky

Re: Rabbi accused in nursing home Ponzi scheme ordered to pay $13M to investor, the 10 biggest developments completed in Chicago in 2018 & more

Private investments in nursing homes – at least in Illinois are all material misrepresentations of fact – at least in my experience.
A nursing home business is financed just like any other business, except, after all the essential financing has been committed for, the developers have a gimmick.  They bring in a group of outsiders who are usually called LIMITED PARTNERS.   These individuals are not partners (or limited partners) in the usual business sense.    (NB.  the operation has more corporations associated with it, then Enron.   The jungle of corporations is set up to protect the real investors.
The final layer of investors are the limited partners.    The investment these people make is the most visible and the most vulnerable.   These are the lambs being brought to the hanging if there is ever a human sacrifice to be made.
If you are approached to become an investor (limited partner) your attorney will find interesting partnership documents that say almost exactly what you would expect them to say.   As a limited partner YOU HAVE NO SAY IN THE BUSINESS and your remuneration is based upon the net earnings of the Nursing home  PARTNERSHIP.  The nursing home is managed by GENERAL PARTNERS who are paid quite handsomely for their services to the partnership and who are supposed to act for the partnership.    The general partners hire a MANAGER/ADMINISTRATOR who under law is supposed to be licensed.   The administrator is responsible for the proper operation of the facility.   (IN FACT, the administrator has been a puppet paid to take the heat.    The General Partner who has set up the deal in reality makes all the decision including administrative decisions and is paid handsomely for his management.  There is a problem with the system however – the Partnership law prevents a general partner for charging the partnership for his services.   (I assume that since I raised this issue a correction has been put into place).
The nursing home earns fantastic profits – A generous cost of caring for a patient is about $4000.00 per month – this includes room, board, nursing care, general physician care etc.   The charges billed to the government, insurance company, and/or family are upwards of $10,000 to $16000.00.   Collateral profits on drugs, and kickbacks are all under the table hidden in supplemental corporation (such as Omnicare) or just paid in cash.    They also can be paid in other ways, to wit:  An attorney who was very kind to the cabal was given the opportunity to open an estate in Northern Florida as relative of the deceased and claim a several million dollar inheritance.   Of course, she had to include some of her relatives as heirs to avert suspicion.    (This fraud was detected by the Florida Attorney General, however, the attorney as a settlement offered to forfeit 1/2 of the estate to State of Florida and she still pocketed about a million dollars).    (Other payments include appoints by corrupt judges –  guardianships are favorite appointments ***).
You do not have to cry over the fate of the investors.   They are told that on the average they will get a return of x% on their investment and in many cases the GENERAL PARTNER will even in confidence promise (orally) that if the investor does not receive not only every dollar invested back, and the return of X% on the investment he will  – out of his own pocket – pay the money.    In TRUTH I have not heard of a member of the Chicago cabal not keeping this promise to the letter).
The problem that exists is the fact that the limited partnerships real earnings from the Enterprise is an amount more than equal to the investment and the accumulated interest (compounded) for every year of the partnership life –  In other words, as the General Partnership usually kills these partnerships about ten years from opening, the investor receives about 10% of the money he/she would have gotten if the partnership transaction was not a sham
In essence, the limited partnership is a device by which the general partner is able to recover before the transaction even begins his capital investment and still obtain all the tax benefits etc.
There are very few unhappy limited partners.   (The limited partners sometimes are given their investment in lieu of the cabal having to pay professional fees etc.   This way the cabal members can obtain their cake and eat it – the only loser if the Department of Treasury.   Since the retirement of ****, not only has the Treasury suffered a Lois Lerner scandal, but I would not be surprised to have learned that some wives and children (or other relatives) have had the opportunity to invest in some of the limited partnerships or collateral operations.
The Philip Esformes trial should disclose some of these transactions.   This is the reason that I am concerned that a “fix” might be in the works.    Philip should be aware of the dirty little secrets and all the players.   A billion dollars in Medicare money was not stolen by conventional means and the cast of characters was not limited to a few miscreants.
The General Partnerships associated with the cabal also did not share with the limited partners the booty from the human trafficking in the elderly and in particular the expropriation of the life savings of people like Alice Gore, Mary Sykes, *****.   Nor did the general partners share the favors that they received from the POLTICIAL ELITE etc.
This fraud, whether misrepresenting to investors, the Medicare people, the insurance companies, the government etc not only goes on on a daily basis but permeates every aspect of our society.   – The guardianship aspect is so profitable that it is hard to find a non-corrupt Judicial system in any of our fifty states.    Grandma is pumped full of opioids and the United States of America not only pays the traffickers the retail cost of the opioid, but the cost of harboring the human trafficking in the elderly so as to obtain maximum profit.
The Esformes trial was scheduled for January 2019 – it is alleged that Esformes stole a billion dollars in Medicare money.   Do you see any media coverage?

From AAAPG.net: Emery and Joy Sorenson interview with Richard FreerMiami FL 12-31-2018

Uncle declared incompetent by Fla. Building Department.

Building code inspectors trigger a gship over nothing.  It appears that they were connected to some tied in probate attorneys.  Close relative was retired professor at University of Chicago was told to shut up and not talk in the court room.

Relative was refused any information on a beloved uncle. From 2010 to 2014 a battle continued.  No lawyers were of any help.  Nephew hired many lawyers.  Victim was isolated.  The nephew rarely saw his uncle again.

So sad, pray for this family


From AAApg.net: Hillygus story of abusive Nevada gship, victim video


Complaint Filed in US Federal Court by Lyon County Family

Alleges Two Nevada Judges Conspire to Defraud Family’s Life Savings in RICO Conspiracy


MAY 8, 2018, RENO, NV : The complaint alleges Judge Frances Doherty and Judge David Clifton, both of Reno, Nevada, have colluded and conspired to keep 79 yr. old Susan L. Hillygus locked up and isolated against her pre-estate planning documents and trust.

Judge Frances Doherty is a family court judge with the Second Judicial District Court of Washoe County, Nevada, who has a long history of imposing abusive guardianships upon individuals and their family, even against the family’s protests. The complaint alleges Doherty, a former executive for Washoe Legal Services and past president and on the board of director of the 501-c-3, continues to conspire with current and past members (who are all lawyers) to keep elderly and vulnerable adults locked up against the family’s wishes. The judge is still an active participant of the organization whose mission is to provide pro bono legal services to the indigent among the community. The complaint goes on to state that the judge uses her associations within the organization known as WLS to fill the court room with up to three to five court appointed lawyers, whose job it is to ensure the frightened and anxious senior is kept locked away, while the lawyers dismantle her estate. Mrs. Susan Hillygus estate was worth close to one million dollars when the court imposed itself upon the family and the family’s trust through an alleged illegal and abusive guardianship close to five years ago.

Judge David Clifton is a Justice Court Judge for the city of Reno. His jurisdiction lies with residents of the city of Reno, Nevada. Mrs. Susan Hillygus is a widow as her husband fell victim to the illegal guardianship of Judge Frances Doherty and was dead less than two months after the guardianship was imposed through neglect of his court appointed guardian, the complaint alleges. After the passing of Herbert E. Hillygus August of 2015 the judge set her sights on the family residence of Susan Hillygus who lived outside the jurisdiction of the Reno City limits and ordered the home sold and Mrs. Hillygus sent to a locked facility (Stone Valley Alzheimer’s Center) even though she had lived in the home for 45 years and was living and being cared for by her son and daughter-n-law, each of whom are professionals with backgrounds in the medical field.

The son of Mrs. Hillygus, Roger, who was appointed as her trustee, appealed the order to the Supreme Court of Nevada. On appeal Judge David Clifton using perjured affidavits and testimony from local attorney and associate of Judge Doherty, Todd Torvinen, allegedly illegally filed eviction papers with his former high school class mate, Judge Clifton to have the Roger locked out of the residence which has sat vacant now for close to two years.

According to the recently filed complaint in the US Federal District Court of Northern Nevada, each of the Judges are being hit with multiple violations of civil rights and federal statutes pertaining to the rights of Mrs. Hillygus and her family. Judges are not above the law, and their immunity can be challenged if they are involved in a criminal conspiracy known as RICO (Racketeer Influenced and Corrupt Organizations Act).

The complaint is being forwarded to the US Attorney General’s Office and the FBI for criminal charges and investigation, as some of the violations committed against Mrs. Hillygus include theft of her assets and are currently being investigated by the State of Nevada Department of Business and Industry through the Division of Financial Institutions and the Nevada Attorney General’s Office, Adam Laxalt, who is currently running for Governor for the State of Nevada as a Republican candidate.


Contact: Roger Hillygus, (775) 232-5583 or rhillygus@gmail.com

Re: The Guardians documentary film on iTunesThis

From Ken Ditkowsky;
As this is the season for good will after wishing everyone in sight a Merry Christmas and a joyous Happy New Year – and meaning it – I started to read the Wall Street Journal web site as to breaking news and noted an article that related to a company/fund that invested in underwater mortgages.  The company made billions relying upon the basic honesty of the “great unwashed.”   The writer seemed surprised at the result.
Even though no one can suggest that I just fell off the turnip truck, I was not.    There is a basic honesty that is and has been always part of the American culture.   Indeed, our Political and media institutions are working very hard to counter even the impression of integrity, but, examples abound.
This guardianship criminal enterprise is an anomaly even though it threatens every one of us is so horrendous and so many of our Political icons are co-conspirators pursuant to 18 USCA 371 one way or another.
This brings me to the Philip Esformes billion dollar Medicare theft case set for January.    The government wins an extra-ordinary percentage of its cases and the way this case is set up by the prosecution Esformes is dead meat and obviously guilty.
Indeed, the government must prove each element of the criminal charge by proof beyond a reasonable doubt but we all are realistic to know that when the word MEDICARE FRAUD, nursing home and BILLION dollar is mentioned in the same sentence a vote for guilty is a sure thing.   A recent Article in the Miami Herald telegraphs just how overwhelming is the evidence.
I have been hoping for and HONEST INVESTIGATION of this entire HEALTH CARE FIASCO/SCANDAL/FRAUD as the “gulag” threatens each of us, and the “cover up” generated by official corruption in our government institutions is destroying the fabric of America.   Obviously the corrupt public officials in Illinois, Florida, California et al are going to resist as the 700% fraud surcharge funds their political organizations and allows then to purchase elections and immunity; however, Mr. Esformes knows where many of the bodies are buried.
It has been my experience (over 50 years in the Law business) that the FBI special agents, IRS special agents, et al are decent and honest individuals and not happy campers when they have to tolerate the holier than thou corrupt public servant.   Ergo – why is Philip Esformes, who is not a dummy, not candidly and truthfully trying to mitigate his crime?

NOVEMBER 14, 2018 03:15 PM,

UPDATED NOVEMBER 14, 2018 06:33 PM

Philip Esformes, Miami Beach healthcare executive at center of massive Medicare fraud case.
Philip Esformes, Miami Beach healthcare executive at center of massive Medicare fraud case.ROB LATOUR INVISION/AP

In the nation’s biggest Medicare fraud case, a federal judge decided Tuesday to keep the trial of a wealthy Miami Beach businessman on track — despite finding problems with the conduct of prosecutors and agents.

In his ruling, U.S. District Judge Robert Scola found that while they “failed to uphold the high standards” expected of them, federal law enforcement agencies did not act in “bad faith” during their investigation and prosecution of Philip Esformes. Detained since his arrest more than two years ago, Esformes, 49, is charged in a $1 billion Medicare fraud scheme and faces trial in January.

In his ruling, Scola agreed with a magistrate’s previous decision not to throw out the indictment filed in Miami or disqualify the team of prosecutors from the Justice Department and U.S. Attorney’s Office. But Scola disagreed with Magistrate Judge Alicia Otazo-Reyes’ prior ruling on tossing out certain evidence in the high-profile case, and he also described the conduct of the team of prosecutors and agents less harshly than she did in her August decision.

Scola, who as the district judge has the authority to adopt or reject a magistrate’s ruling, said he does not believe “prosecutors acted with any overt intent to violate the defendant’s rights or mislead the court.”


“Although the prosecution team operated in good faith, their execution of their duties was often sloppy, careless, clumsy, ineffective and clouded by their stubborn refusal to be sufficiently sensitive to issues impacting the attorney-client privilege,” the judge wrote in the 50-page ruling.

His view contrasted with Otazo-Reyes’ harsh criticism of the Justice Department prosecutors and FBI agents who were involved in the 2016 search of one of Esformes’ assisted-living facilities. Located in North Miami, the Eden Gardens assisted-living facility had an office for his company’s lawyer.

Esformes’ defense attorneys Howard Srebnick, Roy Black and Jackie Perczek argued that the prosecutors and agents should be disqualified from the case, saying the search at the Eden Gardens ALF was tainted because hundreds of the seized documents in the 70 boxes carted away were protected under attorney-client privilege.

Otazo-Reyes “found the government’s attempt to obfuscate the evidentiary record to be deplorable.” But instead of disqualifying the federal team or dismissing the indictment, Otazo-Reyes chose to suppress the protected correspondence as well as other evidence that was improperly obtained and handled by prosecutors and agents. But that issue became a moot point for Scola because the federal team agreed not to use any of that evidence against Esformes.

According to the Justice Department’s indictment, Esformes is accused of exploiting his network of about 20 Miami-Dade skilled-nursing and assisted-living facilities to fleece the taxpayer-funded Medicare program by filing false claims for services that were not necessary or not provided over the past decade leading up to his arrest in July 2016.

Esformes is also accused of referring his own network of patients to convicted healthcare-fraud offenders, including Guillermo and Gabriel Delgado. The brothers pleaded guilty and admitted swindling Medicare for mental-health, prescription-drug, and home-healthcare services, and they ultimately helped federal investigators target the Miami Beach executive.

Wishing everyone a Happy New Year; New Senate report on Aging says Courts fail to protect the Elderly

Subject:  Courts Fail to Protect Elders from Abuse says Senate Committee on Aging 2018 Report released today

Elders Drugged, Loosing their home to have their money drained Isolated from family and worse to have the TAX Payers Footing the Bill.
Hamilton County Ohio Probate. Please read and forward on. www.TawnFichter.com



https://www.aging.senate.gov/ imo/media/doc/Guardianship_ Report_2018_gloss_compress.pdf

 Hamilton County Ohio Probate Court

 Before you vote next time please make sure you know what kind of person they are


 Ralph Winkler Stop Elder Abuse and Exploitation  www.TawnFichter.com  prattermann@probatect.org

 Enjoy your time with your Elders and keep them out of Probate Courts ” Protection”