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CONFIRMED BY ILL. SUPREME COURT– YOU ARE VIEWING THE MOST DANGEROUS BLOG IN ILLINOIS. This blog warranted a 3 year suspension by the ARDC/Jerome Larkin! Mottos: "Sunlight is the best disinfectant". Justice Louis Brandeis ; "If the truth can destroy something, then it deserves to be destroyed" Carl Sagan; "Justice is Truth in Action" Benjamin Disraeli. Illinois uses the ARDC to quash dissenting attorney activist blogs ; "The freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic Governments" — (1776-First Amendment preamble adopted by 8 US colonies)

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About Joanne M Denison

Former Patent and Trademark Attorney practicing in Chicago, Illinois accepting clients nationwide. We also did 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. And while I am doing that, I will continue on my blogging work. Now I work full time on court corruption and corruption at the ARDC and JIB (Illinois attorney and judge discipline boards)

From FB–the Law on Jurors. Can they lie?

Everyone’s see the Juror form.  It asks prospective jurors if they have been accused or convicted of a crime or involved in litigation.

What about the juror that lies?  Can a criminal serve on a jury?  A lying criminal?

Here is the law to use on lying jurors:

” Fraud upon the court” has been defined by the 7th Circuit Court of Appeals to “embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.” Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore’s Federal Practice, 2d ed., p. 512, ¶ 60.23. The 7th Circuit further stated “a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final.” “Fraud upon the court” makes void the orders and judgments of that court. It is also clear and well-settled Illinois law that any attempt to commit “fraud upon the court” vitiates the entire proceeding. The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934) (“The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions.”); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) (“The maxim that fraud vitiates every transaction into which it enters …”); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) (“It is axiomatic that fraud vitiates everything.”); Dunham v. Dunham, 57 Ill.App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The American Home Security Corporation, 362 Ill. 350; 199 N.E. 798 (1935). Hence, any juror who lied on their jury form committed Fraud on the Court.

In People v. Martin, 587 N.E.2d 1228, 225 Ill.App.3d 339, 167 Ill.Dec. 613 (Ill. App. 1 Dist., 1992) the Court ruled that litigants have the right to a fair and impartial jury and to have honest jurors serve on the jury.  Certain jurors in that case stated on their juror form that they had not been accused, convicted or involved in litigation when in fact they had been arrested and/or convicted.  The court found that jurors who lied on juror forms lacked the necessary truthfulness and veracity to serve on a jury and therefore could not have been beneficial to justice in the Appellant’s case.  Id. at 1232 quoting People v. Franklin (1990), 135 Ill.2d 78, 142 Ill.Dec. 152, 552 N.E.2d 743):   “a venireperson’s lack of veracity in no way promotes the administration of justice and cannot be deemed beneficial to the accused’s or the State’s case in chief.” Franklin, 135 Ill.2d at 95, 142 Ill.Dec. at 160, 552 N.E.2d at 751.C.

What about prospective jurors that make derogatory statements during jury selection?

In the case of Maddox v. Smith One of the prospective jurors made numerous statements during the jury selection regarding his beliefs that plaintiffs should not be allowed to sue insurance companies or insured defendants.  Plaintiff asserted these derogatory comments intentionally tainted the remainder of the jurors. Maddox v. Smith (1966), 67 Ill.App.2d 374, 214 N.E.2d 5, stands for the principle that a mistrial should be granted if a prospective juror expresses derogatory remarks about persons seeking recovery from insured defendants. In Maddox, a prospective juror had, in a prior case, delivered a diatribe lasting several minutes regarding plaintiffs who filed suits against insured defendants. One or more of the jurors in the prior case also served on the jury in the Maddox case, and Maddox’s counsel claimed that, had he known this, he would have called for a mistrial. The Maddox court acknowledged that a mistrial was warranted in the prior case.

From E.Federova: Lanre Amu’s corrupt ARDC case remains unresolved–sign the petition to protect Lanre Amu!

As many of you have noted, there is nothing more foul smelling and pernicious to our society than a licensed corrupt lawyer.

Lanre Amu is an honest lawyer who was serving the poor and immigrant. His license was stripped away from him when all he did was point out corruption in the courts.  He did nothing wrong.  In fact, when Chicago Crain’s Business investigated, they found even more corruption on the part of Judge Lynn Egan.

Why isn’t Lanre Amu reinstated with honors and why is Lynn Egan still sitting on the bench?

Go ask Presiding Judge Timmothy Evans, Jerome Larkin and all the other corrupt ARDC lawyers that signed petitions and prosecuted innocent Lanre Amu.

Joanne

Case:  ARDC v. Amu.  Corrupt lawyers involved:  Robert Verrando, Jerome Larkin, Debra J. Braselton, Andrea D. Rice, Donald D. Torisky

My case, corrupt lawyers:  Melissa Smart, Sharon Opryszek, Sang-yul Lee
Ziad Alnaqib, Jerome Larkin, Stephen Splitt.

Everyone wants to know why aren’t these lawyers gone and disciplined?  Why doesn’t the Illinois Supreme Court step in and clean up these dirty lawyer messes?

And we haven’t even listed the lawyers in Ken Ditkowsky’s case yet, so let’s do it now:

Jeffrey S. Torosian,
Donald S.B. Hilliker, Johnny A. Fairman, II
Robert M. Henderson
Anna M. Loftus

Interestingly enough, the Illinois Supreme Court does NOT list which judges are in favor of the suspension of honest lawyers and which judges are not.  We all want to know who is covering up corruption in Illinois.  They should be required to list who is part of the cover up and who is not.

*Can be posted on all blogs; please sign it on  Change.org and pass to others.
 
Re:  Petition in Support to lawyer Lanre O. Amu demand to reinstate his  suspended  Law License; and compensate him for damages. 
 
Dear IL Supreme Court  and Illinois Attorney Registration and Disciplinary Commission (“ARDC”)
 
Please find my Amicus Curiae Petition in Support to lawyer Lanre O. Amu (“Amu”) demand to reinstate his unlawfully suspended Law License and compensate him for all damages.
Procedural Background: On December 7, 2011 ARDC filed a disciplinary action against lawyer Amu pursuant to Supreme Court Rule 753(b) and alleged that Amu has engaged in the conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute. ARDC accused  Amu in purportedly false statements about the integrity of judges Thomas R. Chiola, Lynn M. Egan, Irwin J. Solganick and Francis Dolan. According to ARDC, statements made by Amu were “of material fact or law to a tribunal which the lawyer knows or reasonably should know is false in violation of Rule 3.3(a)(1) of the Illinois Rules of Professional Conduct; and Amu “was engaged in conduct involving dishonesty, fraud, deceit or misrepresentation in violation of Rule 8.4(a)(4) of the Illinois Rules of Professional Conduct (1990).” As the result, lawyer Amu was disbarred for 3 years.
All ARDC accusations against lawyer Amu were made in gross disregard to lawyer Amu’s civil rights; Equal Protection and Due Process. In fact, the only party who made false statements of material fact to a tribunal was politically-connected lawyer Jerome Larkin who knew or reasonably should know that his claims against Amu were fabricated and groundless. It is a well-known that Illinois Court system (aka “Family and Friends Club”) is severely plagued by corruption and professional incompetence. Judicial positions are regularly assigned to the most connected lawyers, in the manner which suggests a bribery scheme for the seats. Judicial cronies routinely fix cases in favor of their parties of interests- politically connected better funded lawyers and corporations-in violation of all applicable laws and rules of ethics. Details are published on my websitewww.corruptionpedia.org where I shared my personal experience with certain judges in Illinois Courts, including Judge Irwin J. Solganick who obtained his seat in corrupt manner; and acted bias against me as Prose.  
1.      Judge Thomas R. Chiola. Lawyer Amu brought a legal malpractice case against defendants Antonio Romanucchi Romanucci and Stephen J. Blandin from Romanucchi & Blandin law Firm, which was dismissed by Judge Thomas R. Chiola. According to Amu, “This is about how Judge Thomas R. Chiola fixed a case for the defendants Antonio Romanucci and Stephen J. Blandin and their law firm at the Daley Center on February 17, 2009. The case fixing started in Judge Chiola’s chambers under the guise of a ‘settlement conference’ he convened on his own motion“; and that Judge Chiola’s conduct “is simply one example of the corruption by some judges at the Daley Center circuit court“. It’s true.
Judge Thomas R. Chiola was a politically connected judge who regularly used his Government contacts to influence legislations for his personal goals.[1] [2]Lawyer Amu is a self-made professional with no involvement in Chicago political machine. Defendants Antonio Romanucci, Stephen J. Blandin and Romanucci & Blandin LLC are generous donors to almost every political and judicial election. Antonio Romanucci made 134 (one hundred thirty four) sizable “donations” to numerous judges and politicians; Romanucci & Blandin LLC made 253 (two hundred fifty three) “donations” to most powerful politicians and judges – or parties on whom Judge Chiola relied while lobbying for his personal interests. I am absolutely confident in whose favor Judge Chiola will rule in this situation – of course better funded well-connected lawyers Romanucci & Blandin. So, all statements made by lawyer Amu are true; supported by published facts, and protected by his First Amendment rights.  
2.      Judge Lynn M. Egan. Lawyer Amu brought a legal action on behalf of Steve Dei (“Dei”) who fell and sustained injuries at the Tumara Food Mart (“Tumara”), a Chicago gasoline station and market. Tumara failed to appear and Judge Egan entered a default judgement in favor of Dei. In August 19 2008, Tumara hired lawyers from Pretzel & Stouffer who filed their Appearance in case 07-L-5875.  On June 19, 2009, Judge Egan entered an order vacating the January 2008 judgment.
According to Amu, “Knowing that the case was pending before Judge Lynn M. Egan, American Family Insurance Company hired Judge Lynn M. Egan’s brother Matthew J. Egan’s law firm “Pretzel & Stouffer, to prosecute the petition to vacate default judgment before Judge Lynn M. Egan. During the months of legal wrangling before Judge Lynn Egan, plaintiff and his lawyer [.]were intentionally kept in the dark about this link and collusion between Judge Lynn M. Egan and the defense.”; “The flawed reasoning and decision of Judge Lynn Egan in favor of American Family Insurance Company’s interest was immediately appealed to the Illinois Appellate Court in expectation that the Appellate Court will see through the nonsense and correct the situation. Instead of the Illinois Appellate Court doing the right thing, the Appellate Court simply rubber stamped and affirmed the flawed ruling of Judge Egan in favor of American Family Insurance’s interest. Even when the Appellate Court was made aware of the relationship between Judge Lynn M. Egan and the defense law firm, the Appellate Court did nothing..” and “The corruption uncovered here happens to be one of a few that can be proved. The tip of the ice berg so to speak.”. All Amu statements are true.
 
Judge Lynn M. Egan not only failed to recuse herself from the case due to her fatal conflict of interests with Defendants’ lawyers; but she also “forgot” to inform Amu that she is a daughter of well-politically connected Judge Edward Egan[3] who was elected as a judge of the Circuit Court of Cook County in 1964 and was appointed to the Appellate Court by the Illinois Supreme Court in 1972. Without any doubts IL Appeal Court will rule in favor of well-connected insurance lawyers supported by Judge Egan’s daughter Lynn and against solo-practitioner Amu. Worth to mention, Judge Lynn M. Egan, her brother, Matthew Egan and Pretzel & Stouffer are regularly criticized for corruption, especially when P&S represented Palos Community Hospital in almost half of the 170 cases involving the hospital filed over that period in the law division of the circuit court. From 2011 to 2013, Matthew Egan, a partner in the firm, represented Palos in at least 15 cases before his sister’s judicial colleagues, most of them involving medical malpractice or personal injury. Judge Lynn’s brother Matthew long-time commitment as a member of the ARDC’s Inquiry Board from 1989 to 1991, as a member of the Hearing Board from 1991 – 2012, and as a special counsel to the ARDC from 2013 – 2014 also helped to disbar Amu.
 
3.      Judge Irwin J. Solganick. In November 2004, Amu agreed to represent Majekodunmi to seek damages from Near South Health Center in Chicago (“NSHC”) and Cook County for its alleged failure to timely diagnose Majekodunmi’s cancer. During June 5, 2009, hearing before the Hon. Irwin J. Solganick, attorneys for the defendants moved to strike Amu’s May 26, 2009 requests for admission, which was approved by Solganick. According to Amu, with regard to Judge Solganick’s June 5, 2009 order: “Judge Irwin J. Solganick engaged in corrupt ruling that undermined this case in favor of the defense””Judge Solganick struck all of plaintiff’s requests to admit without reading them. . . . I now allege that it was a corrupt ruling.” (“Judge Solganick . . .  he did not read the requests to admit before he struck them in the entirety.” “I did find out that Judge Solganick used to be a law partner with Ed Vrdolyak. .  recently sentenced to prison for sophisticated fraud, kickbacks.” “All Judge Solganick saw before him was a black lawyer going against several insurance defense lawyers, in a sea of white lawyers in courtroom 2005.””This is a corrupt use of judicial power under the guise of judicial discretion. It was like nothing I said really mattered to Judge Solganick””Plaintiff is however entitled to a fair and and impartial trial. Corruption within the system prevented that from happening.”  All Amu statements are true.
Judge Irwin J. Solganick way to the bench is publicly known as “Sulski-Solganick Stunt” where Judge Sulski passed his judicial seat to Solganick at the last moment and rigged the election. Solganick’s Petitions were signed by then-Vdrlyak’s law Associate, Ron Blagojevich who is currently serving in jail for corruption. Judge Solganick’s court practices were widely criticized in case filed by a well-connected banker Scott George against his wife, Maria George. Mrs. George’s lawyer stated that Judge Solganick failed to disclose his personal connections with banker George’s lawyers; personally redacted evidence presented by Maria George. She claimed that her husband bragged that he can bribe a judge. I have personal experience in Judge Solganick Court when on October 20, 2014 he denied my Motion to Sever my case from corruptly consolidated by Judge Hogan (who received $4,450.00 from my Defendant’s lawyers) with defamations claim filed by my Defendants. Judge Solganick, who had personal connections with my Defendants, which he never disclosed to me and denied my Motion without even reading it. It was a corrupt use of judicial power by a corrupt judge.
 
Judge Francis J. DolanIn 2002, Amu agreed to represent Muda J. Jaji to seek civil damages from Exedus Lounge. Judge Dolan made a ruling adverse to Jaji in case number 02 M1 302382,Amu  filed a petition for substitution of Judge Dolan for cause. In the Petition Amu said” Dolan is a very sophisticated scam artist judge. The defendant insurance company . . . had Judge Dolan in their corner doing their bidding. Judge Dolan placed himself above the law in his courtroom and he became the law himself. Judge Dolan is an unfair and biased judge. Judge Dolan has no regard for honesty in briefing before him. He invites dishonesty in briefing so as to use the dishonesty as his vehicle to reach biased rulings. He has no regard for procedural due process he will take actions to reach his end even when those actions are not authorized by any law he must abide with as a judge.  [Judge Dolan] had no sense of fairness and he was in fact biased towards plaintiff and plaintiff’s counsel and in favor of defendant’s insurance attorneys. Judge Dolan had an unwritten relationship with the defendant insurance attorney. “ All Amu statements are true.
 
The exactly the same allegations against Judge Francis were made by ProSe Yongping Zhou in case 03-M1-159148.  In 2005, the case came into the hands of Judge Francis Dolan who was very unfair and hostile toward me openly in court on many occasions. (Judge Francis Dolan always arranged my case as the last one, so that there was no other people inside courtroom 1503 when my case was being heard)”.“I had no idea why Judge Francis Dolan was so unfair to me until I got the evidence in September 2006 about 3 weeks before the trial. This evidence showed he (Judge Francis Dolan) had improper ex-parte communications with opposing council’s Attorney Stephen Tyma.[4] “Other misconduct of Judge Francis Dolan in my case include things like illegally confiscating 1.5 feet height documents, returned back to me by a civil rights group, allowing Atty. Scott Pollock to be absent from hearings despite subpoenas and not allowing my two witnesses to testify in the trial even though I listed them in my Intake Form For Trial from the beginning. I filed my Motion To Disqualify Judge Francis Dolan in September 2006 just before the trial. Judge Francis Dolan refused to hear it in open court and threatened to throw me into jail if I insisted it be heard in front of bailiff and court staffJudge Evans wrote me twice to ask a lower chief Judge Wright Jr. to take over the proceedings, but Judge Wright Jr. never took any action.”
 
I am not surprised. I had exactly the same experience with Judge Dolan’s crony and a classmate, Judge Robert E. Senechalle, Jr. who obstructed justice, criminally concealed material evidence from my case records; failed to disclose his family connection with my opponents lawyers; and repeatedly threatened me with jail time if I oppose his unlawful verdict.  I have all reasons to believe that Judge Francis J. Dolan, a well-connected lawyer who In October, 1999 was appointed by the IL Supreme Court to the Office of Judge of the Circuit Court of Cook County, helped his long-time crony Robert E. Senechalle, Jr to obtain a judicial seat. Worth to mention, Dolan was re-elected in 2006 but suddenly retired from the bench in 2009; or exactly when his crony’s, Robert E. Senechalle, Jr. 4-years judicial assignment expired.
 
Without any doubt all Amu’s statements about Judges Chiola, Egan, Solganick and Dolan corruption and dishonest judicial practices were true; and ARDC accusations against lawyer Amu were false and defamatory.
 
Moreover, ARDC Administrator Jerome Larkin, who falsely accused lawyer Amu, is himself a part of corrupt political machine; has close ties with IL Attorney General Lisa Madigan’s father Michael Madigan who regularly helps his cronies to obtain judicial seats.
 
Lawyer Amu’s statements revealed only a small tip of a huge iceberg of rampant judicial corruption – on all levels of Illinois  Court system  – which requires a Special Review and Honest Investigation by an independent, out-of-State of Illinois authorities, particularly by FBI and Department of Justice.
 
I respectfully request IL Supreme Court and ARDC to reinstate Lanre O. Amu legal license; compensate him for loss of income; and pay him damages in the amount of $35 million which is reasonable and fair to disgorge others from similar conduct; and protect Freedom of Speech and other civil rights to lawyers who are not afraid to expose judicial corruption.
 
 

 


[1]  by using his state government contacts, Chiola [.] gave[.] assistance in the still-ongoing campaign for adding “sexual orientation” to the Illinois Human Rights Act. He was then general counsel of the Illinois Department of Professional Regulation, and he helped persuade Governor Jim Edgar to attend an Equality Illinois [.]cocktail reception on the eve of the bill’s vote in the state House of Representatives. The next day, the bill passed the House for the first timehttp://chicagolgbthalloffame.org/chiola-thomas/Last assessed on December 19, 2017.
[2] “Over the years, Chiola has worked with his contacts in state government” http://outhistory.org/exhibits/show/out-and-elected/1994/tom-chiola. Last assessed on December 19, 2017
1.      [3] Edward Egan was elected as a judge of the Circuit Court of Cook County in 1964 and was appointed to the Appellate Court by the Illinois Supreme Court in 1972. Mr. Egan joined the Cook County state’s attorney’s office in 1951 as an assistant state’s attorney, leaving briefly in 1958 before returning as first assistant state’s attorney under Daniel Ward in 1960. In 1983, Mr. Egan was appointed to ARDC
 
[4] http://caught.net/cases/zhou.htm. Last assessed on December 19, 2017.

From KKD/Chicago Trib; Medicare rife with fraud

http://www.chicagotribune.com/news/watchdog/ct-home-health-main-met-20171212-story.html

What happens when you use an agency and they tell you their service is covered by Medicare, but it’s not and fraud is involved?  In home services can cost hundreds per day.  Is the Medicare recipient then liable for all those hundreds and perhaps thousands of dollars because the service was in some manner fraudulent?

Read on, health care fraud affects all of us.

His hands trembled at first. Then his vision blurred. Finally, unable to control a malignant blood pressure condition, Tinley Park cardiac surgeon Banio Koroma lost his malpractice insurance, then his operating room privileges and finally his professional standing.

Fortunately, he lived in Illinois, where medical regulation has been so lax even the most desperate of doctors can find financial reward.

Koroma took refuge in home health care, a lucrative and growing industry rife with fraud and tainted by unscrupulous physicians who travel to patients’ homes in search of profit, then bleed money from taxpayer-financed programs.

The down-on-his-luck doctor took advantage of this loosely regulated world to exploit his patients and command a central role in a multimillion-dollar taxpayer swindle that breached the homes of 15,600 older adults getting services from a Chicago company called Mobile Doctors.

For adults hobbled by disability or disease who want to stay out of nursing homes or hospitals, home health care services can be a godsend.

For criminals who want to tap into federal Medicare dollars, it can represent a loosely guarded bank vault.

A Tribune investigation reveals that Illinois public health regulators proved unprepared for a surge in new home health care companies, doling out too many home health licenses too fast and failing to provide meaningful oversight.

Even today, most anyone can own a home health care business for a $25 license fee — no criminal background check required.

Consequently, the Chicago metropolitan area is a hot spot for fraud, deemed among the most corrupt regions nationally. In the last five years, federal investigators estimate, area home-health agencies have improperly collected at least $104 million of public dollars.

Many home health companies operate lawfully and in the best interests of their customers. But fraud is so pervasive throughout the industry, federal officials say, that for every conviction like Koroma’s, there are many other participants who are able to skate away.

As a result, already-vulnerable patients are put at risk.

Corrupt home health companies and complicit physicians as well as nurses secretly laced medical files with false diagnoses involving tens of thousands of Chicago-area patients, the Tribune found.

An analysis of federal court and enforcement files since 2012 shows that thousands of patients have been subjected to unwarranted procedures, therapies and tests; some were prescribed unneeded and powerful drugs.

Most victims were unaware that their medical histories were hijacked by swindlers — there is no legal requirement to notify or warn patients when fraud is uncovered, or when providers are convicted of crimes.

Case files show that a disabled man in his 80s was denied a wheelchair by a government insurance program because a Chicago-area business had falsely purchased one in the man’s name and then illegally pocketed the reimbursement check, according to AgeOptions in Oak Park, a federally funded advocacy group.

In another case, a hospitalized man was denied a transfer to a Chicago rehabilitation center because a home health company had fraudulently billed the government for nonexistent convalescent care.

“These scammers are really smart,” said Jason Echols, statewide director for a senior Medicare program at AgeOptions. “Anybody could be a victim.”

Sometimes, financial crimes jeopardize patients’ lives.

Debra Lingelbach, a 48-year-old mother from Rockford, suffered inexplicable chest pain. “My chest was hurting all the time,” she recounted in a video deposition involving a civil case. “Like someone was stabbing me in the chest.”

Yet her traveling physician, Charles DeHaan, declared that her lungs “sounded fine,” she said. DeHaan was part owner of a physician staffing company, which was exempt from public health licensing and oversight.

DeHaan pleaded guilty this year to two counts of felony health care fraud related to collecting $1.5 million for bogus examinations and inflated billings, federal court records show. Sentenced to 10 years in federal prison, he faces pending state charges, unrelated to Lingelbach, that involve accusations of sexual assaults involving multiple patients.

Three months after DeHaan’s arrest, civil court records show, Lingelbach was examined by a new physician who delivered a devastating diagnosis: advanced-stage lung cancer.

She died months later.

A PLAYBOOK FOR FRAUD

Diana Jocelyn Gumila, manager of a physician-staffing business in Schaumburg, was furious.

More than 300 Chicago-area home health companies hired her company, Doctor at Home, to certify that patients were homebound and required skilled nursing care. When that happened, Gumila and company owners profited through payments from Medicare, a taxpayer-funded insurance program for those age 65 and older.

Profits flowed as long as patients remain certified — as long as nobody documented that patients were, in reality, healthy and active and did not require in-home care.

But some of Gumila’s physicians were too honest. A diagnosis is a subjective decision, she often tutored. She told one physician to “be an artist” and “paint the picture” to describe each patient — the more abstract, the better.

In a flurry of memos beginning in January 2012, she coaxed her staff of seven physicians and three physician assistants to “please minimize the use of the following words in your documentation: very stable and stable.”

Finally, in October 2013, Gumila confronted her most obstinate employee, Dr. Ewa Nowak, a newly hired Polish-educated immigrant who finished her medical training in Chicago.

Nowak had decertified a woman who was a long-standing patient of a Chicago home health company.

In her chart, Nowak wrote: “We met at the front of the patient’s house. She was coming back from grocery shopping with very heavy bags of groceries in her both arms. She walked from the train station three blocks. No complaints about any problem.”

But Gumila, 45, a registered nurse, overruled Nowak and recertified the woman as homebound, court records show.

Doctor at Home followed a standard playbook for fraud: Falsely certify patients as homebound and in need of nursing care, submit fraudulent bills to Medicare — and profits flow.

There are few checks and balances.

Unlike most branches of medicine where physician referrals are necessary to qualify for insurance coverage, Medicare allows home health agencies to recruit patients before they are certified for care. In Chicago, federal records show, this has spawned a shadow market of patient brokers who troll grocery stores, bus stops, churches and food pantries in search of susceptible adults.

Physician Rogelio Cabrera, who was controlling owner of a home health company, told federal investigators that illegal kickbacks for new patients were commonplace.

The federal Anti-Kickback Statute prohibits payments to induce or reward patient referrals under Medicare or Medicaid. Nonetheless, at least 15 Chicago-area physicians have been charged or convicted of accepting or paying kickbacks involving home health patients in the last seven years, according to a Tribune analysis of federal court records.

Cabrera doled out $500,000 to area physicians for patient referrals to Romyst Home Health Care, court records show. Cabrera, now deceased, was convicted in 2014 on a federal felony count of conspiracy to defraud.

“I discovered that most physicians were expecting to be paid in exchange for referring patients to the home health care business,” Cabrera told federal prosecutors. “It had effectively become a way of life for those physicians, and we felt we had no choice but to accede to their requests.”

Gumila’s scheme needed pliable physicians to make everything work.

As a condition of employment, physicians signed over control of patient files to her. Physicians’ signatures were digitally scanned and applied by Gumila and her staff to medical records; doctors were often unaware what services were billed in their names, according to court records.

Assistant U.S. Attorney Stephen Lee, who handled Gumila’s case, told the court that when doctors and physician assistants discharged patients who did not qualify for services, Gumila overruled some and ignored others. When clerical staff raised concerns about fraudulent activities, Gumila lied to some and kept information away from others.

And, Lee said, as other home health companies were charged with federal crimes over the years, Gumila “viewed it not as a wake-up call but as an opportunity to expand her company.”

Gumila shared patient files, filled with personal details, to unlicensed accomplices based in the Philippines, where patient files were altered and manipulated to reap higher payouts, according to court records. Prosecutors found dozens of email communications from overseas accomplices who were falsely identified as nurses.

Doctor at Home often billed Medicare at the highest levels, a fraudulent practice called up-coding, a government audit found. A short visit generated a $29.40 payment; a longer visit tallied $71.31 in reimbursement.

Gumila was found guilty by a federal jury in 2016 of fraud that totaled $15.6 million and sentenced to 72 months in prison. She has appealed her conviction.

The doctor who balked at certifying a healthy patient — Ewa Novak — followed a different path. Nowak quit her job shortly after her meeting with Gumila.

She then found employment with another Chicago medical group but quit after three months, she testified in Gumila’s criminal trial, because “they were defrauding Medicare.”

Next, she lasted one day at another health care company because of pressure to commit fraud, she testified.

She landed a third job with another Chicago-area physician-staffing company but resigned three months later after witnessing fraudulent practices involving home health patients, according to her testimony.

Nowak, who wishes to keep details of her life private, maintains her physician’s license but said she no longer works in health care.

ILLINOIS REGULATORS FALLING SHORT

Illinois makes it easy for bad doctors to prosper.

Department of Public Health officials say 759 private businesses offering home health services held state licenses as of September this year, including agencies that provide nurse staffing, housekeepers or personal aides.

But physician-staffing companies are exempt from the state licensing process — and from even minimal oversight such as unannounced inspections. That’s because in Illinois and many states, businesses that dispatch physicians-for-hire to patients’ residences are not legally defined as a home health company, even though these companies have been growing in number and influence.

Since 2012, at least 10 physician-staffing companies, including Mobile Doctors, have been federally convicted in some of Chicago’s largest home health care fraud cases — a higher number than any other metropolitan area, a Tribune analysis of federal cases found.

None was licensed by Illinois as a home health company. None was subject to periodic state surveys. All profited at the expense of taxpayers and patients.

Historically, physician-staffing companies played minor roles in home health care, relegated to certifying patients for Medicare.

“Physician staffing companies are not licensed as home health agencies because they are not providing home health services,” a Public Health Department spokeswoman said.

But the Tribune found a new breed of profiteers has popped up in recent years, focused solely on home care while billing Medicare for repeated examinations, prescriptions and medical diagnostic tests.

Those types of firms can play a central role when there’s fraud. The Chicago area has more physician-staffing businesses convicted of health crimes than any metropolitan area nationally, according to a Tribune analysis of every federal case involving home health care fraud from the last three years.

Under the regulatory loophole, Mobile Doctors was not required to obtain a home health license or subjected to state oversight, despite conducting in-home examinations and providing diagnostic care to tens of thousands of patients across six states.

Owner Dike Ajiri, a former collegiate rugby player, rented a nondescript brick building on North Elston Avenue in 2008 and partnered with 300 home health companies to examine and certify patients for Medicare-paid care.

His go-to physician was Koroma, one of 19 Chicago-area physicians convicted of felony home health crimes in the last five years, the Tribune found.

“Dr. Koroma has been invaluable in his willingness to sign orders,” Ajiri wrote in a 2009 staff email. “He has also been willing to sign various orders for various things which we could not get the primary doctor to sign.”

In 2012, for instance, Koroma purportedly conducted 4,176 in-home visits that spanned from 40 to 75 minutes, according to Medicare claims data. If true, Koroma visited an average of 11 patients every day, including weekends and holidays.

Federal billings also reflect Koroma’s approval for 3,700 ultrasound tests, which federal prosecutors charged were largely conducted to drive up profits for Mobile Doctors.

Koroma, 68, was found guilty by a jury of two felony counts of health care fraud involving Medicare and two felony counts of making false statements; he was sentenced last year to 40 months in prison. Since he never became a U.S. citizen, he is expected to be deported after his prison term to Sierra Leone.

Ajiri pleaded guilty in 2015 to a felony count of health care fraud involving Medicare, was sentenced to 15 months in federal prison and ordered to pay $1.8 million in restitution.

Even when companies are licensed as home health agencies, regulatory oversight has been needlessly fragmented between federal and state agencies, which often failed to share case information involving violations, enforcement records show.

State health department oversight focuses primarily on administrative paperwork rules and pays little attention to financial fraud, which is delegated to federal oversight.

Inspections occur every three years, long enough for home health companies to collect millions of public dollars and disappear without warning.

That’s how the state issued a clean bill of health to a home health agency that is linked to a federal criminal investigation.

In 2013, the owners of Pro Vita Home Care in Lincolnwood closed up and disappeared after federal regulators demanded repayment of millions of dollars that allegedly were improperly paid by Medicare, federal records show.

FBI officials launched an investigation. But one of the Pro Vita owners purchased the license of an existing home health agency located just 2 miles away and reopened as Lincoln Park Home Health Care in Chicago, state and federal enforcement records show.

State public health officials, who were unaware of the federal investigation, also searched for the whereabouts of the owners who had failed to renew the Pro Vita license.

But as one arm of the Public Health Department searched for the owners, another arm of the department readily approved the license transfer, state records show.

Detection should have been easy. On the application for a new license, under previous experience, an owner and several staff members listed their years of work at the abandoned company.

As a result of the Tribune finding, public health officials said they plan to modify state regulations to require a more thorough background check on previous employment.

Each year on average, at least half a dozen home health businesses are abandoned without notice, the whereabouts of owners unknown, state records show.

Unlike other major branches of health care, which use the web to provide information on enforcement actions and surveys, oversight of Illinois home health care is conducted largely without public notification.

Instead, the public is required to file a formal public records request to view even basic information about a home health business, such as ownership, enforcement history and quality rankings. Requests can take weeks to fill.

The Tribune filed multiple requests to obtain even aggregate statistics, such as how many surveys and complaint investigations are conducted each year.

Each year, health department officials survey about 163 businesses and conduct 53 complaint investigations. Officials substantiated minor violations, on average, in less than 1 in 5 cases, which were resolved with written plans of correction.

A department spokeswoman acknowledged that “no major enforcement actions have been taken against home health agencies” in the last five years.

FEDS OVERWHELMED

The once-moribund home health industry burst to life in 2007 as government programs shifted funding to “aging in place” strategies as a way to shorten or avoid costly hospital and nursing home admissions.

By 2013, as new home health companies flooded into Chicago, alarmed federal regulators banned Illinois from issuing new licenses, marking the nation’s first home health care moratorium, which expanded to Florida, Michigan and Texas — other hot spots for fraud.

“Health care fraud has been a significant problem in Chicago for years,” federal prosecutor Lee said.

Today, Cook County harbors more home health companies than the entire and more populous state of New York, Tribune analysis found.

Significant federal resources are now focused on home health fraud in Chicago, including an investigative strike team and a prosecutorial unit dedicated to health fraud cases.

In the last seven years, home health care fraud charges have been filed against 96 people — including physicians, nurses, recruiters and owners — involving two dozen home health or physician staffing companies throughout the Chicago area, the Tribune’s analysis of federal court records show.

Nonetheless, federal studies show, the rate of fraud remains dauntingly high. Marshaling limited resources, prosecutors often focus on the most blatant violators. But hundreds of smaller co-conspirators have gone free so far, the analysis shows.

At least 357 active home health companies in the Chicago area have been linked to potential financial fraud by federal investigators but never charged, the Tribune found.

This isn’t just a Chicago problem. In 2014 congressional testimony, Gary Cantrell, a deputy inspector general for U.S. Department of Health and Human Services, acknowledged, “Since 2012, we have closed over 2,200 investigative complaints because of lack of resources.”

But it’s not just resources that are at issue; federal regulations play a role in making home health fraud so tempting.

Under Medicare, home health companies can bill in advance for a portion of estimated costs of patient care. Accounts are later reconciled, but it can take years for federal auditors to catch up to savvy crooks.

In an effort to thwart false claims, federal officials in 2016 ordered Illinois companies to justify patient billings before claims were submitted. Officials planned to expand the program to Florida in March this year, then the nation.

The Illinois HomeCare & Hospice Council argued that pre-payment reform was too broad and costly for lawful providers confronted with an avalanche of new paperwork.

“We support the moratorium. We want more enforcement,” said Executive Director Sara Ratcliffe, whose trade organization represents 160 home health agencies that serve a majority of Illinois’ in-home patients.

But the government’s reform unfairly punished legitimate businesses, she said, akin to disciplining the whole class for the actions of one student.

The reform measure also encountered fierce bipartisan resistance from Florida U.S. Sens. Marco Rubio and Bill Nelson, bolstered by lobbying powerhouses like the American Hospital Association.

Then-U.S. Department of Health and Human Services Secretary Tom Price, following a Trump administration mandate to eliminate regulations deemed burdensome to business, suspended the Illinois reform in March 31 this year.

With the failure of billing reform, it’s up to prosecutors and the licensing moratorium to stave off fraud.

But if the moratorium was meant to prevent new operators from entering the field, it’s falling short. Existing licenses — and the patients that come with them — are routinely brokered over the internet.

“Do you desire to own a Home Health Care in the State of Illinois but cannot obtain a license due to ONGOING MORATORIUM?” touted a recent Chicago listing. “SAY NO MORE!”

mberens@chicagotribune.com

Twitter: @MJBerens1

How the Tribune conducted its investigation

To examine the home health care industry, the Tribune first obtained licensing information for 819 private home health companies from the state Department of Public Health. Records revealed that health officials had issued too many licenses too fast with a minimal bar to entry — a $25 state fee with no background check required.

Licensing files were supplemented by research that included public record requests for survey reports, complaint investigations and enforcement actions.

The Tribune also gathered seven years of federal court cases from U.S. District Court for the Northern District of Illinois, which included exhibits encompassing internal memos, emails, audio recordings, videos and transcripts. Court files were cataloged in a database to track dozens of felony cases and 98 criminal defendants, creating a reporting tool that was used to track patterns and frequency of fraud.

The Tribune also analyzed millions of patient billing claims obtained from the Centers of Medicare & Medicaid Services, a division of the U.S. Department of Health and Human Services. A variety of publicly available databases were used to track individual billing claims by home health companies and physicians, which also detailed types of prescriptions and medical tests. No identifying patient information was involved.

Medicare data are differentiated through the use of alphanumeric codes under the Health Insurance Prospective Payment System, or HIPPS. The Tribune analyzed data with 10 different codes that tracked in-home physician visits with new and established patients. Three other codes were used to determine how often physicians billed, and for how much, to certify patients for home health care or to review patient files.

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

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

From the ABA journal: 2 interesting cases of lawyer discipline involving Social Media

ABA article:  http://www.abajournal.com/news/article/lawyer_advised_client_relax_facebook_suspension/

While the ABA headline focused on the lawyer’s FaceBook Posts as follows as a basis for discipline, after reading the decision which may be found here

Click to access Garrison_(1).pdf

it turns out the lawyer said this on Facebook but had no follow up with the client to answer all of his questions and fully and timely inform him of the status of his case.

In addition, the law firm initially sued the wrong defendant.

Finally, the lawyer did not dispute or respond to any of the allegations, but just entered into a settlement agreement for a 90 day suspension.  No First Amendment issues were brought up and it seems the allegations of improper FB posts seems flimsy for any form of discipline.

But the charges of not fully and timely informing the client of the status of his case were far more serious, as was suing the wrong defendant initially.

Seems there is more than simple FB post problems here and the discipline was not based upon mundane answers to client questions posed on FB.

From a second social media case from the ABA Journal:

http://www.abajournal.com/news/article/vegas_lawyer_is_suspended_partly_for_facebook_comments_accusing_judge_of_re

This case does seem to fall squarely under the First Amendment.

The Nevada Supreme Court has suspended a Las Vegas lawyer for six months partly because he accused a judge of religious discrimination on Facebook.

Jacob Hafter was suspended in a Nov. 17 order that said he made the comments with no basis in fact and also had made false statements under oath in another matter, the Las Vegas Review-Journal reports. Three of the court’s seven justices said they would have instead imposed a stayed suspension.

Hafter criticized a judge who denied his request to change a trial date to accommodate a Jewish holiday. He accused the judge of religious bias on Facebeook and repeated his claim in an interview with the Review-Journal.

“Either she’s anti-Semitic or she’s biased against me. In either case, she shouldn’t be the judge in this case,” he told the newspaper.

The judge said she refused to move the trial date because it would prejudice the plaintiffs and because Hafter agreed to the date in the first place.

Hafter made the alleged false statements during a collection proceeding against him and his wife, according to the suspension order. Hafter said he lacked income or possessions to satisfy a judgment, despite evidence his firm had received attorney fees and contingency payments, the court said.

The court initially said Hafter’s suspension should take effect immediately, with a 15-day period to wind up current client matters. The court gave Hafter an additional 30 days in a Nov. 21 order.

In an interview with the ABA Journal, Hafter said cases of much worse misconduct had gotten lesser punishment. “This is punitive, this is a horrible case,” Hafter said.

Hafter also said he sought to change the trial date five months before the trial when he realized the conflict with the Jewish holiday. And he said his law firm received a settlement during an appeal in the collections case, so his initial testimony was not false.

Hafter added that the First Amendment protected his comments about the judge.

Hafter criticized his suspension in a Facebook post. A screenshot is below.

“Overlooking the fact that they can use a private litigation matter and my advocacy to observe my religious practices to suspend me for six months is appalling. Worse, for the court to suggest that because they didn’t believe my speech to be true, or, in other words, they did not agree with me regarding the content of my speech, and therefore I do not have any First Amendment protections eviscerates the entire purpose of free speech. We should be able to criticize our elected judges without fear that we will lose our entire livelihood and professional career,” Hafter said in an email.

Updated at 11:45 a.m. and 12:05 p.m. to include Hafter’s comments.

Numerous commentators, including myself and Ken Ditkowsky found this to be covered under the First Amendment and suffice to say, this is far from any conduct by a lawyer serious enough to warrant discipline by “clear and convincing” evidence.

Here are some comments that are relevant and clearly support the First Amendment:

  • The Schuz said:

    Nevada isn’t the only state going after attorneys who accuse judges of discriminatory behavior. My money’s on an eventual Supreme Court case taking state bars to take for their repeated violations of the First Amendment. Judges really need to grow thicker skins or get out of the courtroom.

    Posted: Nov 22, 2017 01:25 pm CST
    Reply to this comment | Flag this comment for moderation

  • Buck said:

    In the contrary, this SCOTUS will likely support judges, ala New Kings, who can do no wrong are therefore presumed good and true (immune – FOUND NOWHERE IN THE CONSTITUTION)

    Posted: Nov 23, 2017 03:18 am CST
    Reply to this comment | Flag this comment for moderation

  • Kenneth Ditkowsky said:

    Did we wake up this morning and find that the First Amendment had be abrogated? The lawyer said:

    “Either she’s anti-Semitic or she’s biased against me. In either case, she shouldn’t be the judge in this case,”
    How would the lawyer disciplinary commission determine that the statement was false? The lawyers doing the disciplinary assassination are grossly unethical and demonstrate an extra-ordinary disrespect for America’s Constitution. The ABA should stand up and be counted! If the 2nd oldest profession will not stand up for the 1ST aMENDMENT it is a very sad day.

    Posted: Nov 27, 2017 06:36 pm CST
    Reply to this comment | Flag this comment for moderation

  • TruthHurts said:

    No sympathy. Lawyers like this, who always have an excuse for everything and “take cases no other lawyer will take,” are always total slimy scuz-balls who demean a profession already suffering from a poor reputation.

    Posted: Nov 29, 2017 08:25 am CST
    Reply to this comment | Flag this comment for moderation

    • joanne denison said:

      you don’t know that. many lawyers in fact DO take on civil rights issues that other lawyers are afraid of. face it, the comment was fairly benign and seems to fall squarely under the 1st Amendment. If we allow the disciplinary boards and Judges to violate the First Amendment, then what hope is there for the public. He made a private comment to warn others about this judge and possible bias, which I believe he had the right to do. By the same standards, your post would be seen as defamatory if not protected by the First Amendment. You might want to think about that.

      Posted: Nov 29, 2017 12:44 pm CST
      Reply to this comment | Flag this comment for moderation

    • Kenneth Ditkowsky said:

      A judge has a duty to protect all the litigants who appear before him, and the 2nd oldest profession has a duty to protect FIRST AMENDMENT RIGHTS of every one – including lawyers. I would have little problem with the Judge protecting his courtroom with CONTEMPT proceedings, but I great problem with the disciplinary commission drawing the words false far out of context and definition as a cheap rationalization for disciplining the lawyer and 2nd making the assumption that the lawyer’s religious beliefs were not genuine.
      Julius Hoffman, US District Court Judge who presided over the Chicago 7 trial was publicly castigated in open Court by the Chief Judge of the District for holding Court on the High Holy Days. – the words heard were: ” IF YOU DO NOT HAVE RESPECT FOR YOURSELF, AT THE VERY LEAST HAVE THEM FOR ME.” The proceedings were sua sponde cancelled.
      This is not a simple issue= court procedure has to be conducted as if presided over by Caesar’s wife! The Courtroom is not the FISH MARKET! even though in many jurisdictions the smell is similar.

      Posted: Nov 29, 2017 10:56 am CST
      Reply to this comment | Flag this comment for moderation

    • joanne denison said:

      Lawyers get dates changed all the time, often for a sore toenail. But he’s a solo, so the courts often treat pro se litigants and solo practitioners with much less respect than large law firms, which they hope to work at some day and make a bundle of money for sending out a few emails and talking on the phone a few minutes per day. I see nothing wrong with what the lawyer said. He commented fairly on the judge’s actions on social media. the judge can’t complain because as a public official, and likely elected, he can’t sue for defamation, libel or false light. He forced himself into the public arena for comment and criticism. The 1st Amendment was the only amendment voted in without any discussion or commentary. If you don’t like the First Amendment, in 1776 King George would have put him to death. Today in many mideastern countries and in S. Korea such commentary is a death sentence. If we don’t stand up for lawyers making reasonable commentaries, our own 1st Amendment rights are being eroded. Democracy is not a spectator sport.

      Posted: Nov 29, 2017 12:49 pm CST
      Reply to this comment | Flag this comment for moderation

      • Charles B. Tiffany said:

        All rights come out of a gun barrel.If you are worried about a jack-in-apes writing nasties on Social Media being abused that is your affair.As for me and my house,we are armed and if anybody wants to take our liberties away, I say come and get them.”Form a militia and get ready to rumble. When Trump is hounded out of office,this country will explode and face book problems will fade away as starvation haunts millions.Every lawyer I know is armed to the teeth. Only an idiot can not see that despotism is coming or already here.Just watch this Salem witch hunt that is going on. All our valued liberty safeguards go out the window as the mob takes over. If yo are not ready to man the barricades than get used to wearing chains.

        Posted: Nov 29, 2017 01:06 pm CST
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From Joanne; a belated Thanksgiving and prays for all of you who have been isolated from your grandparents, siblings and children thru wrongful state action

Dear Readers;

I have heard from many of you who cannot see their own grandparents, parents and even children due to wrongful state actions.  Rest assured you have been in my thoughts and prayers as we battle Elder Cleansing, State and Medical Kidnap and Wrongful Custody cases in the court system.

BP still cannot see his new born child. DCFS is withholding the child from him.  His attorney has asked that the child be immediately returned, but the Juvenile (travesty of justice) court system refuses to do anything, instead putting a good father through a rat maze of spur of the moment drug tests, endless parenting classes and inspections and all sorts of what not.  He has not be charged with anything, no complaints have been filed against him, but on the day his infant son was set to be discharged from the hospital, DCFS swooped in and removed the child based upon a metabolite of an alleged illegal drug in the child’s meconium, etc.  There was no real analyis, DCFS tests are for metabolites, which are often mimicked by common food products such as poppy seeds and quinine water.  Please pray for Brian.  Juvenile court and DCFS have assumed the role of evil monster and the Juvenile Court judge doesn’t care.

Another mother, Ms. SK had her daughter wrongfully ripped from her arms, when the child’s doctor filed a DCFS report for possible sexual abuse by him and his 29 year old son.  The mother did nothing wrong, but at the next court hearing, her incompetent attorney told her she had to waive her rights to coparenting because otherwise the “police would arrest her.”  This turned out to be a croc of you know what.  It seems the evil GAL and her attorney were in on a plot to churn the bill with endless proceedings against a wholly innocent mother!  She now has a competent attorney advising her.  But does she have her daughter back?  Heck no.  She will be going into court next month to get her daughter back, please pray for her too.

I hear about new cases of corruption every week.  Other cases develop new aspects of corruption as corrupt lawyers and judges continue to feast like vultures on the innocent and uninformed.

And guardianship judges left and right continue to engage in the mantra of “target, isolate, narcotize, drain the estate and then narcotize to death when the money runs out.”  We need to return truth and justice to our court system.  It is sorely needed.

Please pray for them all.

Joanne

 

See from Ken Ditkowsky below:

With the Federal Trial of Philip Esformes looming in March, this cartoon from the Wall Street Journal has particular meaning.
All of us are frighted that a ‘fix’ is in the works!    This is especially concerning as right here in Illinois it appears that activities similar to those exposed in the Esformes case are going one hot and heavy with no end in sight.    The ‘cover up’ which included the Mary Sykes case and the Alice Gore case are becoming old hat and the miscreants not only escaped criminal prosecution but neither the State of Illinois or the United States of America appear to have made any effort to collection the INCOME TAXES generated by the criminal abuse of the public trust.
The mantra of the State of Illinois was made very clear by the Administrator of the Illinois Attorney Disciplinary Commission (IARDC) when he wrote the Illinois Supreme Court concerning a blog that exposed judicial corruption and pointed out that it was akin to “yelling fire in a crowded theater”
The Billion dollars that Philip Esformes stole from Medicare (alleged in the indictment) apparently has not set the PRICE high enough to induce any interest in the product called: LAW ENFORCEMENT!

Hi,
I thought this article from The Wall Street Journal would interest you.

Pepper…and Salt

From JP: Another letter to the US DOJ asking them to investigate clearly corrupt courts, and they take no action.

Another letter detailing a string of felonies goes uninvestigated by the FBI and other authorities, despite the fact the victim makes it clear that a string of felonies has occurred.

 

Jacqueline Pidanick

262 Old Bridge Dr.

Bluffton, SC 29910

phone:

email:

 

Date

 

U.S Department of Justice

Civil Rights Division

950 Pennsylvania Avenue, NW

Washington, DC 20530

 

Re: My Reply to your  UNSIGNED Nov 9th 2017 letter indicating you refuse to investigate

Rampant Corruption in the Courts of Beaufort, South Carolina

 

Dear Sir or Madam;

 

       This is in response to your unsigned letter of Nov.9, 2017 in which you advised me that that you would not be investigating the court system, lawyers and judges of North Carolina despite the fact they have engaged in the following string of felonies:

 

  1. infant 8 week old daughter was beaten by Christopher Maddaloni (“Father”) and pictures were shown in court to Judge Fuge who did nothing but allow the Father joint custody. Father, it turns out has a long history of Domestic Violence and Child Abuse.  Judge Fuge ignored all the evidence of past Domestic Violence and child abuse and would not hear it.
  2. transcripts were changed, evidence was changed and distorted on numerous occasions.  complaints were repeatedly filed and ignored by the local authorities
  3. I was repeatedly told not to talk in court, being pro se, and I could not refute numerous blatant lies which were spewn in court–while the abuser’s attorney was able to put into the record every ridiculous, blatant and obvious lie he could think of
  4. Many or most of my Appellate motions and filings were ignored or the Appellate court clerk says she never received my filings even though there is proof of delivery to the court by UPS and the UPS legal department has verified the deliveries as being actual.
  5. Honest lawyers do not want to go to court and help me because they have no tolerance for the amount and level of corruption displayed in the courtroom and they believe finding justice there to be an elusive undertaking they would never charge for
  6. I was haled into court without any proper notice or petition and given a Sanction of $5,000 or 30 days in jail for posting a petition to remove Judge Fuge.  The Appellate court stayed the sanction.  However, the attorney for father, Michael Horton, still refuses to return all of my $5,000 paid to him prior to the Appellate Court issuing that order.  I sued the attorneys and Father in Federal Court for First Amendment Retaliation.  Two police officers then visited my home and threatened me not to make any more posts on social media because my posts appear to threaten judges and attorneys.  I added these two police officers to my suit for First Amendment Retaliation.

 

After all of this, all I get from the US Department of Justice is an unsigned form letter you see no reason to investigate corrupt courts and police in South Carolina?  That is truly a preposterous insult to honest law abiding taxpayers.

 

When I complained to the local judicial disciplinary committee, the disciplinary committee told me they will take no more complaints regarding Judge Peter FUGE. The sad part was I never said the name of the judge–they just knew immediately whom I was speaking of when I started to discuss my case with their personnel.

 

The packets of information and evidence I send to your offices are very time consuming and expensive to prepare.  Each one can cost $50 or more.  I have a family to feed, I cannot afford those types of expenses.

 

Accordingly,  I am requesting a phone call and visit to review all evidence that has already been uploaded completely into numerous clouds and computers.  I demand that an investigation be opened into the courtroom of Judge Peter Fuge and the Beaufort County Appellate court.  Hundreds of Affidavits are out there at this point and this case is not going away. I demand respect and consideration. I have a popular blog.  Other popular blogs pick up my postings on my case and other Fuge corrupt custody case stories.  I am also sending this to President Trump asking for a phone call and a personal meeting regarding rampant court corruption which is not addressed by either the US DOJ or FBI. This is our country and thousands in South Carolina have the same problem, thousands, and I am now collecting all your letters stating you have reviewed this horrendous situation and your offices do not find any violations of law, when in fact, they are clearly a string of felonies perpetrated by lawyers in suits and judges in black robes in Beaufort County, including Judge Fuge.

 

I can no longer afford to send all the massive evidence of corruption again and again for you to lose or write back some unsigned form letter that a citizen of South Carolina does not matter to the US DOJ. If you lack the time, please hire some competent people willing to address these horrendous situations good parents encounter in the South Carolina Court system. This is your job ! Do it !

 

With sincere respect I am also submitting this letter to numerous reporters–local and nationwide, government officials and so on.

 

Jacqueline Pidanick

College student and mother of two young children

 

From EF: More information on Jerome Larkin and Chicago corruption

https://corruptionpedia.org/jerome-larkin/

Jerome Larkin

Jerome Larkin, the Administrator of the ARDC, Speaker Madigan ‘s crony and one of the main Protectors of rampant judicial corruption in Illinois Court system. 

jerome larkin

From 2006 to present time Jerome Larkin always closed all my complaints against predatory  lawyers who operate massive racket and money laundering mill in Illinois Court, no matter how much evidence I provided.

Instead all Jerome Larkin’s energy went to quash opposition and  vigorously attack honest lawyers who truthfully expose judicial corruption. ARDC disbar honest lawyers

Jerome Larkin is very likely a father to Julia Larkin, former political aid to IL Democratic Party Speaker Michael Madigan.

julia-larkin-9f53bece8811b2a9093b4bbae8d2a538.pic1

Julia Larkin worked for the Speaker from June 2008 through January 2017 and was  a very multi-tasking employee.

Besides political help to Mr. Madigan supported candidates, her work tasks also included “Reviewing wide range of complex documentation including but not limited to property tax documentation

Julia Larkin resume

It is not a secret that Mr. Madigan makes his money by lowering property taxes

Apparently with support from Madigan’s taxpayers’ funded political aids like Julia Larkin who was regularly involved in Mr.Madigan-related ethics scandals

11

Jerome Larkin’s family is very active on political horizon and  donated very substantial amounts of money to various political campaigns, 38 pages of contributions.

lakrin donations

Jerome Larkin , who has signed the complaint against Ken Ditkowsky, has funneled several million dollars through his property in the last ten years.

For example, Larkin took out a loan for $450,000 in December of 2001 and paid it back in exactly five years. In the meantime, he had taken out another $450,000 loan—in October of 2006, which he paid back in just a tad over four years, in January of 2011. In the meantime, he had taken out yet another mortgage—this one for $101,000—in November of 2009, which he was miraculously able to repay in just about a year.

But his unusual loan behavior doesn’t stop here. In January of 2011, Larkin took out a whopping $750,000 mortgage on the same piece of property. Larkin must have a direct line to lottery bucks, because he was able to repay this loan by January of 2013.

In the meantime . . . are you getting the picture yet? . . . he took out another $750,000 loan in December of 2012.

Neither Jerome Larkin nor his wife, psychologist Antoinette Krakowski responded to telephone inquiries concerning the amount of money being funneled through their home.

Larkin is the big cheese over at the ARDC. There are other attorneys in the employ of that powerful, shadowy, not-government, not private – commission whose loan history is also questionable, including attorneys Melissa Smart and Sharon Opryzcek.

Apparently, the word about the loan trough is getting out. A check was run on the loan history of attorneys and guardians ad litem, Adam Stern and Cynthia Farenga, whose actions first alerted Ken Ditkowsky to the predatory nature of probate guardianships. Lo and behold, Adam Stern’s loan history looks like that of a hyperactive kid in a Ritalin store.

Details can be found  below.

A scandal is brewing in Chicago which threatens to make Operation Greylord look like a dress rehearsal for a cotillion. Starting with a seemingly innocuous question, tendered to press liaison Jim Grogan at the Attorney Registration and Disciplinary Commission (ARDC) in Illinois, a boil of corruption got inadvertently pricked, which threatens now to reveal a subterranean cancer in the legal system in Illinois.

For those who are unaware of Greylord, here is a bit of history: back in the eighties, a collaborative effort by the FBI, IRS and a couple of outraged judges and attorneys resulted in one of the biggest takedowns of public officials in the history of Illinois. At the end of the 3 1/2 year undercover operation, a total of 92 people were indicted, including 17 judges, 48 lawyers, ten deputy sheriffs, eight policemen, eight court officials, and state legislator James DeLeo.

The extent of the takedown might have mitigated further predatory acts by those in the legal system. Thirty years later, however, the corruption that was supposedly expunged by Greylord has simply become systemic.

Back to Jim Grogan. Grogan, who is an attorney as well as ARDC press liaison, declined to reply to questions from this reporter as to why no statements of economic interests could be found for the attorneys who work for the ARDC. The law governing economic interests reporting is in place to ensure that those working in government capacities are not being influenced by financial lures and temptations. These statements are mandated by 5 ILCS 420 to be filed every year for nearly everyone who works in a government capacity.

Here are relevant clauses from the law, with pivotal sections underlined:

When Grogan failed to respond to the query, Press Secretary Jim Tybor at the Illinois Supreme Court was contacted and astoundingly told this reporter that this law did not apply to the judicial branch. (See 6 and e, above).

Michelle Burton, a paralegal at the ARDC assured this reporter that the ARDC employees are not state employees. However, the website for the ARDC announces that the Commission is an arm of the Illinois Supreme Court.

The ARDC is in a particularly pivotal position. As the Commission responsible for disciplining attorneys, the ARDC functions as a gatekeeper. In that sense, the ARDC defines the legal climate in Illinois. Right now, the ARDC has taken upon its shoulders the regulation of an attorney’s right to free speech. Attorney Ken Ditkowsky, who has been practicing law in Chicago area since 1961, is facing disciplinary proceedings for sending emails to federal authorities asking for an investigation of corrupt practices in Illinois courts.

Shades of Greylord . . . Except this time, the feds are turning a deaf ear to evidence of legal malfeasance in Illinois. And Ditkowsky may in fact lose his license to practice law, due to his incisive perceptions and requests for investigation.

Attorney Ken Ditkowsky’s concerns about judicial and attorney misconduct began with the adult guardianship of Mary Sykes, an elderly woman who was placed under a guardianship without due process. Another Illinois attorney, JoAnne Denison, is also under disciplinary proceedings due to her maintaining a blog about the Sykes guardianship. (Source)

Ditkowsky soon realized that the phenomenon of what he is calling “elder cleansing” is going on nationwide. And for his act of speaking out against a pervasive assault on a vulnerable demographic group—the elderly and incapacitated—the ARDC has recommended a four year suspension of his license to practice law.

As it turns out, the ARDC attorneys appear to have quite a bit to hide in terms of their economic interests.

If you want to bribe someone, there are only a couple of ways to do this that would not trigger the red flags that are built into the banking infrastructure. One way would be to give someone a big envelope stuffed with cash. Brian Mulroney, a former Prime Minister of Canada, was caught red handed receiving such a bounty and a scandal ensued. (Source)

The other way is through a “loan.” The mechanism is simply and virtually opaque—Mr. X takes out a loan, such as a mortgage and Mr. Y pays it back. There are no banking flags to trigger and no embarrassing wads of cash, a la Mulroney, to explain.

The use of such property loans to funnel payola to judges was exposed in a 2009 article, which first appeared in the San Bernardino County Sentinel. Now it seems that those in the Illinois legal system, specifically attorneys at the ARDC, have climbed onto the dinero express.

Jerome Larkin, the Administrator of the ARDC and the individual who has signed the complaint against Ken Ditkowsky, has funneled several million dollars through his property in the last ten years. For example, Larkin took out a loan for $450,000 in December of 2001 and paid it back in exactly five years. In the meantime, he had taken out another $450,000 loan—in October of 2006, which he paid back in just a tad over four years, in January of 2011. In the meantime, he had taken out yet another mortgage—this one for $101,000—in November of 2009, which he was miraculously able to repay in just about a year.

But his unusual loan behavior doesn’t stop here. In January of 2011, Larkin took out a whopping $750,000 mortgage on the same piece of property. Larkin must have a direct line to lottery bucks, because he was able to repay this loan by January of 2013.

In the meantime . . . are you getting the picture yet? . . . he took out another $750,000 loan in December of 2012.

Neither Jerome Larkin nor his wife, psychologist Antoinette Krakowski responded to telephone inquiries concerning the amount of money being funneled through their home.

Larkin is the big cheese over at the ARDC. There are other attorneys in the employ of that powerful, shadowy, not-government, not private – commission whose loan history is also questionable, including attorneys Melissa Smart and Sharon Opryzcek.

Apparently, the word about the loan trough is getting out. A check was run on the loan history of attorneys and guardians ad litem, Adam Stern and Cynthia Farenga, whose actions first alerted Ken Ditkowsky to the predatory nature of probate guardianships. Lo and behold, Adam Stern’s loan history looks like that of a hyperactive kid in a Ritalin store.

A review of the Cook County recorder’s website reveals that Stern has run over a million dollars through his property loans in roughly the last ten years. A couple of examples of quickly repaid large loans taken out by Stern include a $272,000 mortgage taken out on 9/13/2004 and paid back on 2/17/05. Stern also took out a $51,000 mortgage on 9/13/04 and paid it back May of 2005. On October 4, 2004 Stern took out an $80,000 mortgage which he paid back less than three months later.

Adam Stern also has a federal tax lien on his home for $60,000. Stern, who is parenthetically serving as guardian ad litem in the Sykes guardianship and is thus in the responsible position of looking out for OPM—other people’s money—can’t even pay his own taxes.

Attorney and guardian ad litem Cynthia Farenga’s loan history is similarly manic. Farenga is also a guardian ad litem in the Sykes case. For example, Farenga took out a $385,000 loan on 11/09/2006 and paid it off on 6/12/2007. A loan of over a half million dollars – $575,000 to be exact – was paid off by Farenga within five years, on 6/24/2013. Farenga took out a smaller, $244,000 mortgage on 10/16/2003 and paid it back within two years, on 9/28/05. In the meantime, she had taken out another mortgage, this time for an even $300,000 on 9/07/2005, which she quickly reconveyed in less than a year and a half, on 1/08/2007. All told, over two and a quarter million dollars have been funneled through Farenga’s property in the last ten years.

The head of a private investigator’s firm out in the Southern California area confided in me that judges were coming to him to inquire how to hide their property, so that public searches for these records would not result in transparency. Recently, Judge Ronald Christianson, formerly the Presiding Judge in San Bernardino County, changed the name on the records of his primary residence to “Property Owners.” Such tactics will make determinations of suspicious activity increasingly more difficult.

Ditkowsky has filed a complaint with the ARDC referencing the impropriety of Adam Stern working as a GAL when he has failed to fulfill his own tax liabilities. At the time of going to press, other records detailing suspicious financial activity by ARDC attorneys and others are being turned over to a Grand Jury.

The Director of the Administrative Office of the Illinois Supreme Court, Michael Tardy, did not respond to queries from this reporter concerning the economic interests and reporting requirements of the ARDC, which is an arm of the Illinois Supreme Court.

Attribution:

Government Attorneys Implicated in Ethics Scandal
Janet Phelan
October 28, 2013
Activist Post

Illinois App. Ct.: Assignment Document Without Assignment of the Debt Conveys Nothing

From GG: Homeowners need all the help they can get. This a rare case where a homeowner sought and obtained some relief from foreclosure

Unknown's avatarLivinglies's Weblog

So here, in black and white, is yet another appellate decision  confirming what I have said for 12 years: The assignment of the mortgage is merely the delivery of a piece of paper. It conveys nothing in terms of an interest in the real property or the right to foreclose the mortgage. BUT if the assignment of the document is accompanied by a sale or assignment of the allegedly underlying debt, then the assignment can be used as evidence of an encumbrance and the contractual right to seek foreclosure.

Just as a promissory note can be used as EVIDENCE of a debt and is not the debt, so too is the mortgage EVIDENCE of an encumbrance and the right to foreclose. Confusion on this issue has led to millions of defective foreclosures.

“ ‘[a]n assignment of the mortgage without an assignment of the debt creates no right in the assignee.’…

View original post 942 more words

From KKD and the ABA: Junk faxes from lawyer warrant $4.2 million award, but fleecing and murdering Grandma still covered up in ND Illinois

While this article is interesting, Jay Brouckmeersch was murder in Feb. 2017 by the Office of State Guardian in conjunction with Judge Quinn who denied her necessary medical treatment and the lawyer for the OSG often didn’t even show up in court. The case was a travesty of justice.

In the Mary Sykes case, $3 million is missing from her estate, the home was sold for pennies on the dollar and in the end she was narcotized to death and isolated in a nursing home.  No investigation and no one cares.

Details of other cases across the nation have been published on this blog indicating the deaths/murders of dozens of disabled persons and senior citizens, and no authorities seem to care.

The White House receives regular emails on the numerous risk factors for seniors, and I have never heard a peep from them.

In the Mary Teichert case, two decisions have emanated from the ND of Illinois where the Scully children have sued for their civil rights violations, that their case was wrongfully and unconstitutionally sealed, Linda Scully was arrested dozens of times for trying to protect her mother’s $2 million apartment building which was sold for $250,000 in the end, ruined by the OPG and others.  In the end, the OPG had Mother Teichert narcotized to death and isolated from 30+ family member.

Apparently faxes are important to the tune of $4.2 million, but Judge Korcas in Federal Court pretends the complaint filed is not a “short and concise” statement of the case when in fact it is but he just doesn’t like what it says (mom was murdered and the courts and attorneys were involved).  you can find the complaint here:

https://drive.google.com/file/d/1XBJpvIlTFSQ2ByjbAzRUuWWZNsxNSc8r/view?usp=sharing

you can find the decision of Judge Korcas here:

https://drive.google.com/file/d/1c9SEDePzG5kte-4wMt6oCh3mO3kifBfE/view?usp=sharing

Now he’s holding the complaint hostage.  He won’t grant or deny the Scully Children’s Pauper’s Petitions and the 7th Circuit can’t hear the case until he does.

However, we all know that 333 junk faxes are worth $4.2 million.

Joanne

Question from AD: How to write a proper Brief and Motion

How to write a Motion and Brief in Support of your Motion

First and I cannot emphasize this enough–check the rules first and again when your brief and motion is done.  In every jurisdiction, there may be numerous sets of rules and laws that apply to Briefs and Motion.  Federal Court is easiest at maybe one or two sets of Rules.  Illinois State Court is a pain because there’s the Supreme Court Rules, the Illinois Rules of Civil Procedure the State legislature passes, then each County can have rules, and then each local court building can have rules, particular Divisions can have rules and of course each Judge can have rules on the judge’s website so you have to check everywhere before you file a motion.

The Motion is generally drafter after the Brief, and contains a short (2 to 3) page synopsis of your Brief, hitting all the most important topics.

A Motion has numbered paragraphs, a Brief does not.

For the Brief:

Your introductory paragraph should state the 3 strongest reasons why you should be granted relief and why your opponent should be granted nothing.

It should start out as follows:

Now comes your Movant, (Plaintiff X) and respectfully Moves this Honrable court to: (describe what your motion is for, don’t make the title too long). The grounds for this Motion are as follows: Now list your 3 to 5 best grounds for granting your motion. Often judges only read the first few pages and the last few pages.

Next comes a Statement of Facts or a Statement of Procedure.

You want to give the judge a quick synopsis of what the case is about and how it has progressed. For example:

Statement of Facts:

1. On X date, Plaintiff was falsely arrested by two officers, Officer X and Officer Z for Animal Abuse or Ill. State Law X. Neighbor Z said that Plaintiff L squirted bleach on her dog’s paws, the dog licked it’s paws, had to be taken to the vet and died soon after.  That was a lie.

2. The Officers X and Z failed to further investigate with Vet B.  Plaintiff L instructed the officers to call the Vet to confirm he had not seen Defendant’s Dog.

3. Plaintiff L told the Officers the next day, C date, that she saw the dog being walked and it was on her video surveillance camera. The officers refused to look at the footage and she was arrested instead.

4. During the arrest, the Officers made disparaging, hateful comments about Plaintiff L during the arrest. That she was old, black and stupid and just trying to kill her neighbor’s dog.

5. Plaintiff L told the Officers it was a hot summer, the Neighbors C always let their dog pee and poop in the alley and they never clean it up and it stinks. So Plaintiff L every other day or so would spray the alley with a dilute solution of bleach and hose off the offending areas. She did not poison her neighbor’s dog, but was just trying to clean up the alley where the neighbors walked their dog.

Statement of Procedure.

6. On X date Plaintiff was falsely arrested and held at the police station overnight.

7. On Y date, Plaintiff L produced $1,000 bond and was released.

8. On the following dates, Plaintiff L was haled into court to go through a variety of pretrial procedures and at each date she or her lawyer protested she was falsely arrested. Her lawyer cost her $6,000.

9. On E date, a bench trial was held and Plaintiff was acquitted.  The neighbors never showed up in court with any evidence that their dog was harmed at all.

10. On F date Plaintiff filed a cause of action under 42 USC 1983 for False Arrest and False Imprisonment and Intentional Infliction of Emotional Distress was filed in this Federal Court.

11. On G date Plaintiff served a full set of discovery on the Police Dept.

12. The defendant Police Dept refused to answer the discovery and counsel for the police dept in a phone conversation said he did not know when his client would answer the discovery.

Now you can see the case is fully explained, so now you can make your Motion and Legal Argument.

Legal Argument

Plaintiff is entitled to her discovery under Rules X, Y and Z. (Cite the applicable laws and how they apply to your case).

Then weave in case law. Provide proper citations by looking at the top of the case and copying the title of the case and all reporters exactly as you see it. Westlaw, Nexus and Fastcase all have proper citations built right in. Fastcase is free to Ill. State Bar Members. You can also get it cheap for a year (under $100) through various libraries, check their website.

Explain why each case is pertinent to your motion and how it help you to win your motion.

The write a conclusion of exactly what relief you want the court to give you.

In this case, you would ask for a Order the Deft. Must comply with discovery in 10 days or face sanctions. If you are pro se, you have no attorney’s fees, so as for a fine of $50 per day for up to 30 days.

I hope this helps everyone write up their motions and briefs better

Joanne

From KKD: Nursing home in Fla. killing 11 seniors has long troubled history of corruption–and Esformes involvement

http://www.palmbeachpost.com/news/new-owner-nursing-home-where-died-linked-medicare-fraud-case/8n9prttvAJudxChxqL58fN/

NEW: Owner of nursing home where 8 died linked to Medicare fraud case

John McCall

Police surround the Rehabilitation Center at Hollywood Hills, owned by Larkin hospital President Jack Michel. The nursing home had no air conditioning after Hurricane Irma knocked out power. Several patients at the sweltering nursing home died in Hurricane Irma’s aftermath, raising fears Wednesday about the safety of Florida’s 4 million senior citizens amid widespread power outages that could go on for days. (John McCall/South Florida Sun-Sentinel via AP)

The hospital co-owned by a Florida doctor whose nursing home was the site of eight deaths last week is linked to the biggest Medicare fraud case ever filed against individuals in U.S. history, court records show.

Neither Larkin Community Hospital nor its president, Dr. Jack Michel, is named nor charged in the criminal fraud case filed last year in Miami federal court.

But in 2004, in a civil case also filed in Miami, federal prosecutors cited multiple links among Michel, Larkin and Michel’s former business associate, Philip Esformes, the man prosecutors say is the ringleader of a scheme that used elderly patients to bilk Medicare and Medicaid of about $1 billion.

Further, court records say one of the hospitals in the current criminal case is the same one at the heart of the 2004 civil case, which targeted both Esformes and Michel — and that hospital was Larkin Community Hospital.

Federal prosecutors alleged at that time that nursing home and assisted living patients were being admitted to Larkin for care that wasn’t needed, leaving Medicare and Medicaid to foot the bill.

The civil case was settled for $15.4 million, with no admission of wrongdoing by Esformes, Michel or others named in the suit.

Michel spokeswoman Alia Faraj-Johnson emphasized that Michel and Esformes “have not had a relationship since the civil case was settled” in 2006.

Further, she said, after the settlement, whatever business dealings the two men had were severed. “Dr. Michel divested from all of Mr. Esformes’ facilities” and Philip Esformes’ father, Morris, who had an ownership interest in Larkin, also divested his interest in the hospital.

A spokeswoman for the Department of Justice declined to comment when asked about Larkin in the current Medicare fraud case.

Larkin Community Hospital has thrived under Michel’s leadership since the civil case.

The hospital executive has a string of awards to his name, including being named “Our Hometown Hero” by a local TV station.

The hospital has a nursing school and a residency program. It has two campuses. Specialized services include arthritis and psychiatric care. The 2015 purchase of the Hollywood Hills nursing home seemed like yet another step forward.

The acquisition, Michel told the South Florida Business Journal, was “another step in the evolution” of Larkin Community Hospital, where Michel is president and chairman.

But last year, prosecutors said that after settling the lawsuit in 2006, “Philip Esformes and his co-conspirators allegedly continued this criminal activity — adapting their scheme to prevent detection and continue their fraud after the civil settlement,” according to the Justice Department news release.

Esformes, prosecutors charge, was doing in 2016 what the 2004 civil suit alleged he had been doing with Larkin and Michel.

$1 million for $5 million

Sometime in 1997, federal prosecutors said in the 2004 lawsuit, Jack Michel sat down with Philip Esformes at the Fontainebleau Miami Beach hotel.

Michel didn’t yet own Larkin Community Hospital. He was years away from acquiring the Rehabilitation Center at Hollywood Hills, where eight elderly patients died after Hurricane Irma blew out air conditioning, leaving them in sweltering, post-hurricane heat.

But he had a plan to make money both from nursing home patients and Larkin.

In fact, he already was doing so, the U.S. Attorney’s Office alleged in 2004, through a series of kickbacks coordinated with his brother, George, also a doctor, and the father-and-son business team of Morris and Philip Esformes.

Prosecutors believed that months before the Fontainebleau meeting, Michel met with a longtime employee of Larkin Hospital’s owner, and said, “Ask your boss if he would pay $1 million to make $5 million.”

The then-owner of Larkin Hospital struck a deal to pay kickbacks to Jack Michel and a practice group Michel owned, Oracle Health Systems, in exchange for patients, court records state.

The estimated profit to Michel: $70,000 a month.

In addition to owning a physicians’ practice and pharmacy, Michel was medical director at Oceanside Extended Care Center, a North Miami Beach nursing home in which the Esformes had an ownership interest.

Many patients would come from Oceanside.

To do so, they would be transferred 20 miles to Larkin, passing much closer hospitals and, prosecutors alleged, jeopardizing the health of patients with the longer drive.

At least some would get medical treatment that was not needed, but which could be billed to Medicare and Medicaid.

Some months later, Jack Michel made plans to buy Larkin.

When he, Philip Esformes and other business associates gathered at the Fontainebleau, prosecutors said, they agreed it wouldn’t be necessary to pay kickbacks anymore to doctors to get patients for Larkin.

With Jack Michel owning the hospital, they could simply use their own growing string of nursing homes and assisted living facilities to pack the hospital.

In fact, when Jack Michel took the reins at the hospital, his brother George was the admitting physician for virtually all of the nursing home referrals to the facility.

Whistleblowing doctor

In 2016, Larkin again came under fire for allegations of unneeded medical treatment, this time in a doctor’s whistleblower suit.

In his federal action, Dr. Elroy Kalme said he joined Larkin in 1997, and stayed until he was fired in 2012. He was the medical director of the hospital’s podiatry department, said Kalme, as well as a member of the Medical Executive Committee.

In 2010, second-year podiatry residents approached him, reporting that a doctor was filing false claims to Medicare and Medicaid, he said in his court filing. The actual medical care was being done by a first-year resident, they told him.

Another resident, said Kalme, reported that the same doctor was offering cash, food and bar outings if the young doctors would refer nursing home patients at Larkin for graft surgery.

Kalme said he reported it to Michel, who told him to investigate, but according to Kalme, added, “Do not call me on the phone to tell me about situations and problems that deal with the possibility of fraud or Medicare problems and don’t send me any emails with stuff like this.”

Kalme said he did investigate and did find other problems.

Partnerships were being made with assisted living facilities to assure that patients would be taken to Larkin “even if they did not meet medical criteria,” he said. Some patients whose medical problems were not serious enough to warrant being kept in the hospital were given a psychiatric diagnosis.

Further, said Kalme, “Larkin allowed podiatry residents to schedule patients for surgical procedures that were not medically necessary simply to bill Medicare,” including amputations and bone resections.

Faraj-Johnson dismisses the allegation. To begin with, she said, Michel has never heard of the whistleblower action. There’s no indication in the whistleblower suit that the hospital was ever served.

As for Kalme’s assertion that Michel asked that nothing be put in writing, “Larkin has a strong compliance program in place and would never ask someone not to document potential fraud allegations,” she said.

In any event, if there were problems, “The physician should have alerted the compliance officer so that the officer could conduct a proper investigation.”

After several months in which Kalme filed no further motions, the doctor withdrew his suit.

The nature of the whistleblower suit meant that the U.S. Attorney’s Office had a chance to continue the case. It declined, though a prosecutor specified that the agency wanted to retain the ability to revisit the allegations at a later date.

By then, Philip Esformes, Michel’s ex-business associate and co-defendant in the $15.4 million settlement, was back in court, facing criminal charges of Medicare fraud and unneeded treatment for elderly patients.

A $1 billion charge

There was no finding or admission of guilt in the civil settlement, and nothing barring Esformes from buying and running more nursing homes.

That’s what the Miami businessman did. Ten years later, prosecutors said he operated a string of more than 30 nursing homes and assisted living facilities, filled with thousands of patients on Medicare and Medicaid.

Last July, federal prosecutors arrested Esformes and two others, including a former Larkin hospital employee, charging them with “the largest single criminal health care fraud case ever brought against individuals,” the Department of Justice wrote in announcing the prosecution.

It was, added prosecutors, “essentially identical conduct” to the deals that had triggered the civil kickback charges and the multimillion-dollar settlement: unnecessarily admitting patients from Esformes’ network of nursing homes and assisted living facilities to a hospital.

Using kickbacks and bribes, Esformes and his associates faked Medicare and Medicaid billings, prosecutors said, racking up charges for treatment that wasn’t needed and in some cases was never provided.

Along with Esformes, Odette Barcha and Arnaldo Carmouze were charged.

Barcha, once the director of outreach for Larkin, is charged with recruiting doctors at what is referred to as Hospital 1 in the indictment and paying them to refer patients to Esformes’ nursing homes.

Carmouze, the indictment charges, was a physician’s assistant who signed off on faked prescription and medical records, admissions and discharge paperwork at Hospital 1, sometimes not even meeting the patient.

Hospital 1 is the same hospital involved in the 2006 settlement, according to the indictment. That case pinpointed Larkin. No other hospital is named in the civil charges brought by federal prosecutors.

Faraj-Johnson said it was only natural some patients from Esformes’ sprawling nursing home and assisted living facility network would wind up in Larkin, but the hospital wasn’t getting a disproportionate share of those patients relative to other hospitals.

Esformes is expected to go to trial next year. He is being held without bond.

Barcha has entered a plea of not guilty. And while she was a Larkin hospital employee, her attorney clarified, she was never involved in Michel’s other business venture: “At no time did any of her duties or responsibilities relate in any way whatsoever with the facility known as Rehabilitation Center at Hollywood Hills.”

From Joanne;

this is about as sick and disgusting as Medicare/Medicaid fraud gets:  billing for unnecessary amputation and bone resections on the elderly to make a buck.  Dozens of licensed physicians had to be involved in the scheme, why aren’t they in prison?  Why isn’t the Director Michel in prison?

From PPJ Gazette–Great article on how the government can improve the quality of nursing home care

via CBS12 Investigates PROMO: Government failures cause nursing home nightmares

CBS12 Investigates PROMO: Government failures cause nursing home nightmares

2 Comments

CBS12 Investigates: Government failures cause nursing home nightmares

http://cbs12.com/news/cbs12-investigates/cbs12-investigates-government-failures-cause-nursing-home-nightmares

Airs at 11:00 pm est on Friday -Nov 10th, 2017.  Veterans Day…CBS12 Investigates uncovered reports of true horror stories happening at nursing homes across the country that by law should have been reported to the police.

My wonderful and caring mother- Patricia Dahmer was interviewed with other victims family of Wrongful Death, Neglect, and Abuse in Nursing Homes.  What my father- George Dahmer aka Former Pro Wrestler from WWF/WWE went through was Totally Unacceptable, Injustice, Cruel, Vicious, and Unbelievable.  

My father is not alone.. It’s time to draw the line and do something.Contact yourState Reps and Senators to TAKE ACTION!  (202) 224-3121 {Press 1} for Senator and {Press 2} for State Rep. Put your zip code in.. You can call 24/7. After hours leave a voicemail.

http://www.blogtalkradio.com/marti-oakley/2014/02/17/george-dahmer-chief-white-owl-wwf-abuse-neglect-death

No One should go into any Health Care Facility and get Abused, Neglected, or which it leads to Unnecessary Pain and Suffering or results in wrongful death…

  • Patricia Dahmer says her husband of 49 years died because the nursing home didn’t properly care for him.
  • “It was very depressing. All they could say was, ‘We’ll take care of him,’ but they didn’t,” Dahmer said.
  • White House Comment Line (202) 456-1111
  • Families for Better Care  http://familiesforbettercare.com/  
  • Foundation Aiding the Elderly   http://www.4fate.org/
  • All Elderly should be Treated with Dignity and Respect! One day Soon we will all be the elderly if God is willing!  We are the Elderly’s Voices and Must be heard..  Please continue to Sign this Campaign Petition and Invite Friends to Sign!  We Are the Elderly’s only Hope to Carry on! Elder Rights should be GRANTED not VIOLATED!  The more action takers the faster changes will be made..Agree or Disagree?~

https://www.causes.com/campaigns/39975-chief-white-owls-law-stiffer-laws-and-harsher-penalties-for-nursing-homes Chief White Owl’s Law*** Stiffer Laws and Harsher Penalties for Nursing Homes *P*E*T*I*T*I*O*N*  Plz Sign & Invite Friends.

From CS: Great pleading to use for a Motion to Dismiss Guardianship

BRIEF IN SUPPORT OF MOTION TO DISMISS GUARDIANSHIP OF MOTHER WWBRIEF IN SUPPORT OF MOTION TO DISMISS GUARDIANSHIP OF MOTHER WW
Daughter, SS, interested person and daughter of Mother WW, submits this brief together with a sworn affidavit and legal authorities demonstrating that the county has egregiously violated Mother’s rights and restoration is mandated. Daughter’s right to be free from retaliation for advocating for the rights of her mother—were violated too. Even if the Court could retroactively determine by appropriate medical expert testimony that she was “incapacitated,” the court would onlybe able to rely on a temporary condition that no longer exists—at best. See Affidavit of Daughter, attached hereto, attesting to the fact that her mother does not suffer from drug addiction or any observable impairment substantially limiting any activity of daily living and lack of medical evidence suggesting otherwise. See attached Introduction to Guardianship and Conservatorship in Michigan, attached hereto and incorporated by reference. Mother and Daughter join together seeking termination and restoration in this matter as justice requires under state and federal laws, including but not limited to the Civil Rights Act of 1964, 42 U.S.C. 1984, 14 th Amendment to the U.S. Constitution, Americans with Disabilities Act of 1990 and Amendments of 2008 and 2016, Michigan Rules of Procedure and Evidence and other legal authorities cited herein. The ward’s rights will continue to be violated under the statutes listed below absent a termination ofthis guardianship and restoration of rights.42 USC 1983 FOR VIOLATIONS OF 14 TH AMENDMENT§ 1983. Civil Action for Deprivation of RightsEvery person who, under color of any statute, ordinance, regulation, custom, orusage, of any State or Territory of the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. The Fourteenth Amendment guarantees the following:AMENDMENT XIV. CITIZENSHIP; PRIVILEGES AND IMMUNITIES;DUE PROCESS; EQUAL PROTECTION; APPOINTMENT OFREPRESENTATION; DISQUALIFICATION OF OFFICERS; PUBLICDEBT; ENFORCEMENT§ 1. All persons born or naturalized in the United States and subject to thejurisdiction thereof, are citizens of the United States and of the Statewherein they reside. No State shall make or enforce any law which shallabridge the privileges or immunities of citizens of the United States; norshall any State deprive any person of life, liberty, or property, without dueprocess of law; nor deny to any person within its jurisdiction the equalprotection of the laws.* * *The Fourteenth Amendment is a source of substantive and procedural due process.  Additionally, for purposes of the Fourteenth Amendment and 42 U.S.C. § 1983. See, e.g.,  Garcetti v. Ceballos, 547 U.S. 410, 126 S.Ct. 1951, 164 L. Ed. 2d 689 (2006). “Title 42 U.S.C. § 1983 provides that ‘[e]very person’ who acts under color of state law to deprive another of a constitutional right shall be answerable to that person in a suit for damages.”Imbler v. Pachtman, 424 U.S. 409, 417 (1976). The United States Supreme Court has noted that: [i]ts language is absolute and unqualified; no mention is made of any privileges, immunities, or defenses that may be asserted. Rather, the Act imposes liability upon “every person” who, under color of state law or custom, “subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws. Owen v. City of Independence , 445 U.S. 622, 635 (1980)(quoting portions of § 1983)(emphasis in orig.).Under 42 U.S.C. § 1983 a plaintiff must allege the following:(1) A person;(2) acting under color of state law;(3) deprived the plaintiff of a right secured by the Constitution and lawsof the United States.A COUNTY IS A “PERSON”A person is defined as a municipality, state or governmental unit. The SupremeCourt concluded that Congress intended “municipalities and other local governmental units to be included among those persons to whom § 1983 applies,” Monell, 436 U.S. at 690, i.e., that local governmental units were “persons” who could act unconstitutionally.It held that local governing bodies could be sued directly under § 1983 for “monetary, declaratory, or injunctive relief where . . . the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers.” A local governmental entity, municipality or school district is a person for purposes of § 1983. See, e.g., Board of County Comm’rs of Bryan County v. Brown, 520 U.S. 397, 117 S. Ct. 1382, (1997) (County and Sheriff’s Dept.).A persistent, widespread practice of discrimination and civil rights violations, evenif not officially adopted governmental policy, where it is so common and widespread is sufficient to constitute a custom that fairly represents municipal policy. Bennett v. City of Slidell, 735 F.2d 861, 862 (5th Cir. 1984) (On Petition for Rehearing) En banc) (per curiam), cert. denied, 472 U.S. 1016, 105 S.Ct. 3467, 87 L.Ed.2d 612 (1985).“COLOR OF STATE LAW”The “color of state law” requirement refers simply to the fact that the personviolating the citizens’ constitutional rights is clothed in apparent authority of law, which is indisputable in this case and every other case where a judicial officer or officer of the court is given the authority to deprive a citizen of liberty and property. In West v. Atkins, the United States Supreme Court noted that the “traditional definition of acting under color of state law requires that the defendant in a § 1983 action have exercised [a misuse of] power ‘possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.’” 487 U.S. 42, 49 (1988) (quoting United States v. Classic, 313 U.S. 299, 326 (1941)).To constitute state action, the deprivation must be caused by the exercise ofsome right or privilege created by the State… or by a person for whom the State is responsible, and the party charged with the deprivation must be a person who may fairly be said to be a state actor. State or governmental (county) employment is generally sufficient to render the defendant a state or governmental actor. It is firmly established that a defendant in a § 1983 suit acts under color of state law when he abuses the position given to him by the State. Private persons, jointly engaged with state officials in the challenged action, are acting “under color” of law for purposes of § 1983 actions.Dennis v. Sparks, 449 U.S. 24 (1980). The Supreme Court recently confirmed that private parties can be liable if their actions are taken under color of state law, though they may also be entitled to qualified immunity for those actions. See Filarsky v. Delia, 132 S. Ct. 1657 (2012).QUALIFIED IMMUNITYPublic officials enjoy only qualified immunity under section 1983 for constitutional violations, provided their actions are not taken with deliberate indifferenceto known constitutional rights. To determine whether the plaintiff has overcome the presumption of qualified immunity, the Court first considers whether the plaintiff has proven a violation of a clearly established constitutional right . Collins v. Ainsworth, 382 F.3d 529, 537 (5th Cir.2004 ). A right is “clearly established” if its contours are “sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987) . If that prong is met, the court must consider whether the defendant’s “actions were objectively reasonable” in light of “law which was clearly established at the time of the disputed action.” Collins, 382 F.3d at 537 . “The touchstone of this inquiry is whether a reasonable person would have believed that his conduct 748*748 conformed to the constitutional standard in light of the information available to him and the clearly established law.” Glenn v . City o f Tyler , 242 F.3d 307, 312 (5th Cir. 2001) .11 Given oaths are taken to uphold the Constitution and laws of the United States by public officials, not one can claim ignorance of the law after taking this sworn oath. Farmer v. Brennan, 511 U.S. at 840-42. Due process and equal protection were incorporated into the Constitution in 1868, no public official can reasonably claim to be ignorant of its core protections.SUPERVISOR LIABILITYTo prove a § 1983 cause of action against a supervisor, the plaintiff must allege“either a supervisor personally was involved in the constitutional violation or that there is a ‘sufficient causal connection’ between the supervisor’s conduct and theconstitutional violation.” Rios v. City of Del Rio, 444 F.3d 417, 425 (5th Cir. 2006)(quoting Evett v. Deep E. Tex. Reg’l Narcotics Trafficking Task Force, 330 F.3d 681, 689 (5th Cir. 2003)). Roberts v. City of Shreveport, 397 F.3d 287 (5th Cir. 2005). To establish § 1983 liability against supervisors, a plaintiff must show that:(1) the [supervisor] failed to supervise or train;(2) a causal connection existed between the failure to supervise or trainand the violation of the plaintiff’s rights; and(3) the failure to supervise or train amounted to deliberate indifferenceto the plaintiff’s constitutional rights. Id. at 292.DUE PROCESS VIOLATIONSProcedural due process violations exist when a governmental entity fails to followits own statutory procedures mandated by federal and state law, such as this case where Mother was deprived of liberty and/or property. In this case, Mother was deprived of a meaningful opportunity to participate in proceedings toremove her chosen guardian, Daughter, as guardian and appoint MARYROWAN, a predatory guardian. Michigan statutes governing guardianship were not followed, but flagrantly ignored. Reference to the attached guide and governing Michigan statutes to impose a guardianship upon a citizen clearly shows that procedures mandated were not followed. Substantive due process rights guaranteed include equal protection of the law and due process of law, which includes notice and a meaningful opportunity to be heard. The rules of evidence mandating a finding of incapacity under Daubert and Rule 702 were egregiously violated.DAUBERT , RULE 702 AND EXPERT TESTIMONYThe United States Supreme Court mandates compliance with Rule of Evidence702 in order for any expert opinion or testimony to be admitted in any court of law and the Daubert case is the landmark case that defines in excruciating detail what is required before an expert can even opine on a matter. Daubert v. Merrell-Dow Pharmaceuticals, 113 S.Ct. 2786 (1993) (hereafter “Daubert”). See attached advanced continuing education course by Texas Probate Judge Steven King of Tarrant County, Texas; Daubert and its impact on estate and fiduciary litigation. Michigan Rule of Evidence 702 mirrors the federal rule 702 and states:Rule 702 Testimony by ExpertsIf the court determines that scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise if (1) the testimony is based on sufficient facts or data,(2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts ofthe case.The United States Supreme Court, in the 1999 decision of Kumho Tire Corp., Ltd.v. Carmichael, 119 S.Ct. 1167, 526 U.S. 137 (1999), held that the gatekeeper function of the trial court, established in Daubert applied to all expert testimony. Id. at 1174. Daubert governs the admissibility of expert testimony in EVERY STATE as ruled by the high court, such that Michigan courts cannot evade its requirements. The requirements of Daubert are to safeguard against unqualified individuals or laypersons relying on junk science or supposition (rather than evidence) from being allowed to testify in a court of law and provide evidence. Daubert mandates the following, w hich is more fully describedin the attached article by Judge Steven King.1. Gate One: Helpfulness –Pursuant to Rule 702, the subject matter of the expert’s testimony must “assist the trier of fact.” If the expert’s methodology, reasoning, or foundation is unreliable, the evidence will not assist the trier of fact.2. Gate Two: Qualifications –the expert must be qualified on a case specificopinion- 3. Gate Three: Relevancy – The expert testimony must be sufficiently tied to thefacts of the case so that it will aid the jury in resolving the factual dispute.4. Gate Four: Methodological Reliability The expert’s methodology must bereliable.5. Gate Five: Connective Reliability –The expert’s reasoning applying his/hermethodology must be sound for the expert’s opinion to be admissible.6. Gate Six: Foundational Reliability –Reliability of the underlying facts or dataupon which the expert’s opinion is based.Judge King is indisputably an expert on guardianship and rightfully defines thestandard mandated to deem a citizen incompetent or incapacitated and states,Hiring a psychiatrist or neurologist who has experience determining andtestifying to capacity, or lack thereof, in guardianship proceedings is ofgreat importance. They will be familiar with the legal test for capacity.Geriatric psychiatrists and neurologists should be used in appropriate casesif possible due to their specialized knowledge. A good approach toselecting an expert is to ascertain and hire the physician the judge appointson independent psychiatric exams. These individuals generally have thejudge’s respect and the requisite level of expertise in the areas of capacityand mental examinations. Regardless of who is selected, he or she shouldbe board certified, if possible” in specialized areas treating elderlysuspected of Alzheimer’s or dementia. See attached article by Judge StevenKing on Daubert.Daubert and Rule 702 were flagrantly ignored and the specialist required toevaluate Mother’s mental capacity was unqualified by the above statement and mandate that a medical diagnosis come only from an M.D., at a minimum. The law prefers specialists and a psychologist is not a medical doctor. George Fleming is a psychologist, not a medical doctor and is guilty of practicing medicine without a license by undertaking competency examinations, such as Mother’s. There was no medical doctor who evaluated her competency to deem her incapacitated from the outset and her personal physician flatly denied that she was incompetent in the least.Mother’s primary care doctor, DR. RUBINA AHMED, has also opined that she is mentally competent. The county failed to present any expert testimony or even so much as a sworn affidavit attesting to the same. Without clear and convincing evidence of Mother being incapacitated, guardianship was not legally authorized. This violated her constitutional rights.Michigan Probate Code also mandates that the proposed ward’s desire of aguardian be considered and Mother’s clearly stated demand for her daughter to be her guardian was ignored as she was given over like chattel to MARY ROWAN without cause to justify such a devastating deprivation of rights.Daughter initially opined that her mother appeared to suffer fromdrug addiction, but her lay opinion was incorrect because it was based upon deception of fiduciaries looking to exploit Mother, rather than truth. Daughter ultimately determined that her mother did not suffer drug addiction, but was in severe pain and needed intervention from a medical professional. Daughter promptly secured care for her mother in the form of three surgeries to eliminate the excruciating pain in her back.MARY ROWAN was consciously indifferent and/or completely ignorant and blase about Mother’s medical problems and failed to comply with even minimum standards for a guardian. See Affidavit of Daughter, Daughter NEVER INTENDED that her statements be relied upon as medical evidence, nor should they have been afforded such weight. Moreover, Mother’s back pain was at best a temporarily disabling condition rather than permanent incapacity justifying guardianship by a stranger intent on exploiting her. Mother is not mentally incapacitated and cannot be discriminated against simply based upon conditions of aging, such as sciatic nerve pain common to many. Arthritis and bone spurs resolve when treated and Mother’s pain is all but gone save brief scheduled medical treatments responsibly overseen by her daughter and ignored by ROWAN and every person charged with protecting Mother.ADA CLAIMS FOR DISCRIMINATIONCongress enacted the ADA “to provide a clear and comprehensive nationalmandate for the elimination of discrimination against individuals with disabilities.” 42 U.S.C. § 12101(b)(1). Four types of discrimination have been identified as actionable:disability discrimination, associational discrimination, unjustified segregation that fails to comport with the mandate of least restrictive alternative, and/or illegal retaliation against any person advocating for the rights of a person with a suspected disability. The ADA was violated in all of the foregoing ways in this case.First, Mother’s rights were disregarded entirely based upon her apparentdisability and inability to challenge the powers that be. Second, Mother wasdiscriminated against in her choice of associations when she was denied access or any form of communication with her daughter for over 8 months.Outrageously, Daughter searched for her mother in panic those 8 months before 2 In Olmstead v. L.C., 527 U.S. 581,598, 119 S.Ct. 2176, 144 L.Ed.2d 540 (1999) (plurality opinion)).Instead, the plurality in Olmstead held that it was “satisfied that Congress had a more comprehensive view of the concept of discrimination advanced in the ADA,” which was passed to stamp out the “unjustified`segregation’ of persons with disabilities.” Olmstead, 527 U.S. at 598, 119 S.Ct. 2176 discovering she was virtually imprisoned by ROWAN in a warehouse in East Detroit.ROWAN’S actions are criminal in her neglect, abuse and exploitation of Mother.Third, Daughter was unjustifiably segregated in violation of the OlmsteadAct and integration mandate of Title II, requiring governmental units to provide the least restrictive alternative and community based services while avoiding seclusion or institutionalization of any form (even nursing homes). Mother was deprived of the choice to reside with family or friends, but hidden like a hostage by ROWAN. The fourth way the ADA was violated with respect to Mother and Daughter was extreme retaliatory actions by ROWAN against Daughter, such as pursuing false criminal charges dismissed by the Judge as baseless. ROWAN appeared at Daughter’s home to take Mother by force with no court order, permitting Daughter to use reasonable force to protect her mother and herself.ILLEGAL RETALIATION UNDER TITLE IIIUnder Michigan law, a person can use deadly force against someone to defendthemselves if they believe deadly force is the only means of protecting themselves or their family members, with no requirement to retreat. That’s as long as the person isn’t engaged in a crime, is somewhere they’re legally allowed to be, and feels deadly force is the only way to defend themselves. The charges ROWAN brought against Daughter included obstructing a public servant and assault and battery for merely spraying ROWAN with a water hose to protect Mother from being kidnapped by ROWAN because ROWAN would not leave after being warned to get off the property. ROWAN repeatedly harassedDaughter before Daughter chose to spray her with a hose, causing Daughter to be fearful of her mother’s safety as well as her own. Had ROWAN appeared with a court order, Daughter would never have been so alarmed and frightened. The charges were dismissed as frivolous given Daughter could have legally sprayed her full of lead rather than water under Michigan “stand your ground” law.SCOPE OF ADA PROTECTIONThe ADA’s protections are sweeping and comprehensive as evidence byCongress twice amending the regulations in 2008 and 2016 in response to courtswatering down the protections intended. Courts have universally held that anyactivity performed by a government entity falls within the definition of “services,programs, or activities” denied to a disabled individual. Frame v. City ofArlington, 657 F.3d 215 (5th Cir.2011) (en banc), cert. denied,U.S., 132 S.Ct. 1561, 182 L.Ed.2d 168 (2012). In Frame , the court found that “[t]he Supreme Court has broadly understood a `service’ to mean `the performance of work commanded or paid for by another,’ or `an act done for the benefit or at the command of another.'” See id. at 226. This brings in independent contractors to hold the county liable so that it cannot evade liability by using 1099 appointees instead of employees to violate the ADA. The County cannot violate the ADA by using independent contractors to violate it for the county.SECTION 504 OF THE REHABILITATION ACT OF 1973The ADA and Section 504 of the Rehabilitation Act of 1973 impose upon publicentities an affirmative obligation to make reasonable accommodations for disabled individuals.. The accommodation must be sufficient to provide a disabled person meaningful access to the benefit or service offered by a public entity. Se e Alexander v. Choate, 469 U.S. 287, 301, 105 S.Ct. 712, 83 L.Ed.2d 661 (1985). In evaluating whether a plaintiff has stated a claim for disability discrimination, the application of the ADA and the Rehabilitation Act are substantially the same, with the difference being that Title II violations do not require that discrimination be solely based upon a person’s disability. Hainze v. Richards, 207 F.3d 795, 799 (5th Cir.), cert. denied, 531 U.S. 959, 121 S.Ct. 384, 148 L.Ed.2d 296 (2000).Under Title II of the ADA, “`discrimination need not be the sole reason'” for theexclusion or denial of benefits to the plaintiff, see Soledad v. United StatesDepartment of Treasury, 304 F.3d 500, 503-04 (5th Cir.2002) (quoting Ahrens v.Perot Systems Corp., 205 F.3d 831, 835 (5th Cir.), cert. denied, 531 U.S. 819, 121 S.Ct. 59, 148 L.Ed.2d 26 (2000)), 29 U.S.C. § 794(a). Other courts have reached similarly all-encompassing concepts of what can constitute a service or benefit under the ADA. See Noel v. New York City Taxi & Limousine Commission, 687 F.3d 63, 68 (2d Cir. 2012) (quoting Innovative Health Systems v. City of White Plains, 117 F.3d 37, 45 (2nd Cir.1997) (“[T]he phrase `services, programs, or activities’ has been interpreted to be `a catch-all phrase that prohibits all discrimination by a public entity.'”)); Kiman v. New Hampshire Department of of Corrections, 451 F.3d 274, 286-87 (1st Cir. 2006) Jones, Johnson v. City of Saline, 151 F.3d 564, 569 (6th Cir.1998) (concluding that “services, programs, and activities include all government activities” and that ” the phrase `services, programs, or activities’ encompasses virtually everything that a public entity does”) . Hobart v. City of Stafford , 784 F.Supp.2d 732, 756-57 (S.D.Tex.2011) Salinas v. City of Braunfels, 557 F.Supp.2d 771, 775 (W.D.Tex.2006) Barden v.City of Sacramento, 292 F.3d 1073, 1076 (9thCir. 2002), cert. denied, 539 U.S. 958, 123 S.Ct. 2639, 156 L.Ed.2d 656 (2003))Mother (1) is a qualified individual within the meaning of theADA; (2) who was excluded from participation in, or denied benefits of, services,programs, or activities for which the public entity is responsible, or was otherwisediscriminated against by the public entity; and (3) that such exclusion, denial ofbenefits, or discrimination was by reason of disability.” Melton v. Dallas AreaRapid Transit, 391 F.3d 669, 671-72 (5th Cir.2004) . Specifically, Mother’stemporary disability rendered her vulnerable to the very exploitation ROWANcommitted and powerless to stop it. The county is estopped from denying Mother is a person with a disability by virtue of the court’s ruling, deeming herincapacitated. The ADA defines “disability” broadly as: (A) a physical or mentalimpairment that substantially limits one or more major life activities of suchindividual; (B) a record of such an impairment; or (C) being regarded as having such an impairment.” Id. at § 12102. It At a bare minimum, notice and a meaningful opportunity to participate is required for the county to avoid liability forviolating the ADA.3 Significantly incapacity or incompetence is not the sameconcept as merely having a disability or temporarily disabling condition. Were thattrue, every State would violate the ADA through guardianship proceedings of thedisabled.CONCLUSION AND RELIEF REQUESTEDThe foregoing demonstrates the violations of Mother’s rights that are ongoing and shock the conscience for which this guardianship must be terminatedand her rights restored. Daughter respectfully prays that this Honorable Judge take notice of her affidavit and the attached legal authorities and references and dismiss the guardianship , restoring Mother’s rights in full.3 The law recognizes temporary incapacity and equity precludes the county having its cake and eating it too by claiming in retrospect that someone deprived of rights in violation of federal law was not actually disabled to be covered by the ADA’s protection

From FB: and while one Cal. judge recognizes the rights of parents; another one in LA is stripping away parental rights to protect their children from state intervention in the family

http://www.latimes.com/local/california/la-me-0403-runaway-20150403-story,amp.html

Now, notice it is admitted by DCFS, the mother did nothing wrong, the girl is out of control and incorrigible, so why the need to strip mom of her rights?

 

Appeals court gives counties more power to remove kids from homes

Wading into a sensitive area of child welfare, a California appeals court panel has ruled that county officials can remove a dangerously incorrigible child from the home even if the parent has responded appropriately to the behavior problems.

The case involved a 17-year-old girl who repeatedly ran away from her mother and gave birth to two children, prompting the Los Angeles County Department of Children and Family Services to remove her from her mother’s custody.

https://d-4111288808855931665.ampproject.net/1509747505247/frame.htmlIn a decision released Thursday, a three-judge panel of the 2nd District Court of Appeal unanimously said that “when a child … faces a substantial risk of serious physical harm, a parent’s inability to supervise or protect a child is enough by itself to invoke the juvenile court’s dependency jurisdiction.”

The ruling could prove to be an important moment in the decades-long debate in child welfare circles about when government agencies should remove troubled children from their parents and whether officials should be doing more to keep families united.

Armand Montiel, a DCFS spokesman, said “the court agreed that child safety is Job One. When a child is in danger and the parent is unable to protect the child, we need to step in.”

But Sanford Jossen, an El Segundo attorney who frequently represents children and parents involved in the child welfare system, described the ruling as “very disturbing.”

“It significantly expands the department’s ability to interfere with the parent-child relationship,” Jossen said. “There are many parents in this state who do everything possible but are not able to control their children.”

Child welfare experts said the case appears to be headed for the California Supreme Court because it conflicted with another state appellate court that ruled in 2010 that a parent had to be abusive or neglectful for the child to be removed from the home.

The case ruled on this week concerned a girl who began running away from home for days at a time when she was 14 years old. During that time, she did not attend school and falsely reported that her mother was abusive. On one occasion while on the streets, the girl came into circumstances that required a hospital visit, the court said. In another instance, she threw furniture during a tantrum.

“Notwithstanding these efforts, [the girl] remained ‘rebellious,’ ‘incorrigible’ and ‘out of control,'” the court said.

At 15, the girl gave birth to the first of two children. When she turned 17, DCFS successfully petitioned the court to remove the girl from her mother’s custody and placed her with her grandparents, where she lived until reaching adulthood.

The “mother in this case was neither neglectful nor blameworthy in being unable to supervise or protect her daughter,” the appeals court said.

Lara Holtzman, who is managing attorney for the Alliance for Children’s Rights and has spent many years working in Los Angeles’ child welfare system, agreed that the appeals court decision could be used by county lawyers to remove children who would have previously been left with their parents.

“A decision like this could give DCFS more leeway to feel that they don’t need certain facts in place before removing a child,” she said. “But it doesn’t mean that they have to open the floodgates. They may say we only want to call this into play when everything else has been tried.”

Holtzman said that the case also highlighted the difficulty parents have obtaining services to help prevent their children from coming under court jurisdiction.

In recent years, state and federal officials have attempted to relax rules to give Los Angeles County’s child welfare system more freedom to spend money on parenting classes, substance abuse treatment and other services for families not yet in the foster care system.

But funding for child welfare services across the nation is generally triggered only when a child enters court jurisdiction, and agencies have struggled to find effective means to help families before the court removes children from parents’ custody.

“The county has not excelled at helping parents hold on to their children,” Holtzman said. “Parents shouldn’t have to lose custody to get services and help.”

And more and more families are seeking services.

Los Angeles County supervisors have recently identified DCFS as the leading agency to intervene with children who are involved in sex trafficking. Holtzman noted that many parents of those children have gone to great lengths to help them and are likely to be more effective than a foster parent might be.

“You can have a parent who has done everything and is at wit’s end,” she said. “Isn’t there something that needs to be created that allows parents like that to maintain authority while the government helps the child?”

garrett.therolf@latimes.com

 

From FB: Honest Cal. Judge bucks the system, overturns jury verdict for state and finds that interviewing children at school without parent’s knowledge or presence violates their rights per se.

When you thought all the judges were against you in court and just out to make friends, clout and wealth, an honest judge comes along:

http://www.sandiegouniontribune.com/news/courts/sd-me-judge-county-20171017-story.html

In a rare move, a San Diego federal judge reversed a jury verdict that had cleared county social workers of fault for their conduct in an investigation into child abuse allegations against a family.

U.S. District Court Judge Roger Benitez also concluded that a longstanding county policy allowing investigators to interview children at their school without the consent of parents or a court order was at fault.

That conclusion could have large implications for the county, potentially allowing families subjected to similar treatment over the years to sue the county, lawyers said.

The ruling came in the lawsuit filed by Sara Dees and her two young daughters, each of whom was caught up in a brief investigation by Child Welfare Services workers in 2013.

They contended that a county social worker violated their rights when she questioned both the children, then 9 and 5, at their school without the knowledge or consent of the parents in early 2013.

In February, after a week long trial, a jury found in favor of the county.

But last week, Benitez reversed that decision – a step judges do infrequently. In a 20-page ruling Benitez concluded that “the clear weight of the evidence does not support the verdict.”

He then took a further step and said he would set a date for a new trial – one to determine how much in monetary damages the county would have to pay. A hearing to set that date is scheduled for Thursday.

The ruling also has potentially larger impact. The judge concluded that a county policy in place for years that allows social workers to conduct interviews at schools of children suspected to be abuse victims – or their siblings, who were not victims – was the underlying cause that led to the violation of the family’s rights.

That part of the ruling could open the county to lawsuits from children and their families who, over the years, have been interviewed at schools without a social worker getting a court order, warrant, or consent from the families, or in instances where there was not an immediate threat to the safety of the child — known as an “exigent circumstance.”

San Diego, along with other counties, routinely conducts such interviews, said Donnie Cox, the Oceanside lawyer who represented the family. He said while state law allows such interviews San Diego County uses it more aggressively than most other counties.

“This has broad implications,” Cox said. “It potentially exposes the county to liability in all those cases where they interviewed a child where there were not exigent circumstances, a warrant, court order, or imminent danger of injury to a child.”

County Communications Director Michael Workman said the county planned to appeal, and declined further comment because the case was still ongoing.

The lawsuit centered on a short investigation by social workers in February and March, 2013. Dees lived with her two young daughters, her husband Robert Dees and his two daughters from a previous marriage in San Diego.

It started on Feb. 7, 2013 when Child Welfare Services got a investigative referral that Robert Dees had taken naked photos of his 11-year-old daughter, Benitez wrote. The girl said she wanted the photos taken to document her physical appearance as it changed during puberty.

In addition to investigating the circumstances of the 11-year-old, social workers also sought to find out if Sara Dees’s two younger children were also in danger of abuse, court records say.

Nothing came of the referrals, however. By Feb. 21 San Diego police, who had opened an investigation, had closed it and told county social workers that both the police and District Attorney would not be pursuing any case.

“That should have been the end,” Benitez wrote. “It was not.”

Five days later social worker Caitlin McCann went to the school where Sara Dees’s two young daughter attend, he wrote. She spoke to the older child for about five minutes.McCann testified at the trial she made the visit to make sure the children were okay and to “wrap up” the investigation.

McCann did not ask for consent from Sara or the children’s father to speak with them, Benitez wrote. One of the children became upset and was screaming down the hallway “CPS is here, CPS is here” after the interview, he recounted.

County policy says that when interviewing children at school who are either the alleged victims of abuse or siblings, parental consent is not needed.

While McCann said she was checking on the status of the kids, Cox said the technique is often used to “dig up evidence” against parents.

The investigation was closed three weeks later, with all allegations determined to be unfounded. But Sara Dees sued, alleging the nonconsensual interviews violated the rights of her children, and her own rights to parent her children under the 14th amendment — a legal doctrine known as familial rights.

While the jury sided with the county, Benitez saw it differently. He ruled that the child’s rights were violated during the interview because she was effectively “seized” under the law — unable to leave, not free to decline to speak with McCann.

“A reasonable nine-year-old child who is called out of class by school officials for the purpose of meeting with a social worker who has already disturbed the child’s family life, and who is not advised that she may refuse to speak with the social worker, will feel compelled to talk to the social worker and remain there until dismissed,” he wrote.

Interviewing the children — identified by their initials “L” and “G” in court records — without permission of parents and with no indication they were in danger also violated Sara Dees’s rights, he wrote.

“The evidence is clear that McCann purposely went to the one place she knew she could find L or G and question L or G without Sara knowing,” he wrote. “Because of the County’s policy, that place was the children’s school.”

Shawn MacMillan, a lawyer who frequently represents parents in suits against county social workers, said the county has been on notice since 2010 that school site interviews are problematic. A federal appeals court held in 2010 that such interviews without a warrant, court order or parental consent were unconstitutional.

“They’ve known that this is a potential problem for a long time, and they’ve done nothing about it,” he said.

from Joanne;

Thank goodness, an honest judge. But currently I have a client who did nothing wrong and yet DCFS took his newborn son away, and is now falsifying records, making sh** up and trying to make an honorably discharged veteran and licensed CNA look like a dope field and drug addict by twisting reports and stories.

He is supposedly a drug addict and in need of treatment because:

  1.   He has a drink twice a year.  On New Years eve and on his birthday.
  2.    He tried marjuana and didn’t like it in high school.
  3.    He has not done any drugs for over 20 years
  4.    He believes that social drinking is not a problem for others; but he does not engage n it.

On this basis, DCFS has represented to the Juvenile court that he is a “risk factor” for his newborn son and that he has to have routine drug drops (waste of taxpayer money) addiction and general counseling and parenting classes.

THIS is where your BS tax money goes to:  twisted psychopathic DCFS workers that are trying to cover up crimes against fathers.

Disgusting.

Guardian ad Litem not immune to suits

Another great article on how GALs have no absolute immunity and are amenable to suit for perjury, perfidy, fraud, etc.

Yvonne Mason Sewell's avatarHow Child Protection Services Buys and Sells Our Children

Autumn Destiny DeShawna Thomason, Carly and Sara Louvelle Texanna Wifawn held hostage by Jackson County Ga DFCS

Guardian ad litems and Appointed Counsel are not protected by immunity. In Wiederholt v Fisher, 485 N.W. 2d 442, 169 Wis. 2d 524 (1992) “In child custody matter, guardian ad litem does not represent child per se; rather, guardian ad litem’s statutory duty is to represent concept of child’s best interest.” When those guardian ad litems don’t bother to meet the minium standards – they become subject to liability. (Collins v Tabet, 111 N.M. 391,806 P 2nd 40 (N.M. 1990)

In other words when a Guardian ad litem just goes through the motions and does not really work the case they can and should be held liable. Most Guardians don’t work for the child, they work for Child Protection Services.
According to Bonds, 64, N.M. at 345,328 P. 2nd at 599the appointment…

View original post 343 more words

From CS: the Tort of Expectation of Inheritancy–great article

Click to access newtorts.pdf

what are the elements of Expectation of Inheritancy?

The claim of Tortious Interference with Expectation of Inheritance (West Palm Beach, Florida) sometimes called “Intentional Interference with Expectation of Inheritance” (Boca Raton) affords individuals an opportunity to pursue legal action if another party uses fraud or otherunlawful methods to prevent them from obtaining an inheritance.

What are the Five Elements of an Intentional Interference with an Inheritance? To have a sufficient legal claim for Interference with an Inheritance West Palm Beach, the court will examine a number of factors when determining the validity of tortious, or wrongful, conduct.

THE FIVE ELEMENTS YOU MUST ALLEGE ARE:

  1. The existence of an expectancy. If another party was able to use fraud or another method of tortious interference (Aventura) to change a will and it revoked your inheritance, you must be able to prove that prior to this interference, you had an expectancy as a beneficiary.
  2. The other party was intentional when interfering with this expectancy. It can be difficult to prove what the state of mind of the defendant was in when interfering. Consult with your Florida probate attorney to understand how this element can be proven.
  3. How they interfered was tortious in natureTortious acts include the other party committing frauddefamation, or abusing their fiduciary duties as well assuppressing, forging, or altering a document or will in any way that affects what the deceased is or is not distributing to beneficiaries.
  4. You would have received the inheritance or gift without the interference. You must demonstrate to the court that the other party aimed their tortious actions at the testator, or person who created the will, and this caused interference with the final wishes and true intent of the will or document.
  5. There are damages involved in the case. Damages in Tortious Interference with Inheritance (West Palm Beach / Deer Field Beach) cases can include the value of the property you may have received if the interference had not occurred.

From GG: Attorney Must Use Good English–by Order of Court

Just when you thought you heard it all–

I can’t even imagine what was going on with this

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 17-23078-CIV-ALTONAGA/Goodman
JEAN NOEL,
Plaintiff,
v.
SDH SERVICES WEST, LLC and
HEALTHCARE CORPORATION OF
AMERICA,
Defendants.
__________________________________/
ORDER
THIS CAUSE came before the Court on Plaintiff’s Unopposed Motion with
Memorandum of Law to File a[] Second Amended Complaint [ECF No. 26]. Being fully
advised, it is ORDERED AND ADJUDGED that the Motion [ECF No. 26] is GRANTED. The
Court notes Plaintiff’s proposed Second Amended Complaint [ECF No. 26-1] is replete with grammatical errors, including improper punctuation, misspelling of words, incorrect conjugation of verbs, and lack of apostrophes when required for possessive adjectives; sentence fragments; and nonsensical sentences. The proposed Second Amended Complaint is also an eyesore, with its formatting errors and spaces. These are some of the issues Defendant Miami Beach Healthcare Group Ltd. pointed out the Amended Complaint suffered from, in its Motion to Dismiss Amended Complaint [ECF No. 23].
Plaintiff’s counsel is permitted to file a second amended complaint as a separate docket
entry by November 14, 2017, so long as he certifies the pleading has been reviewed and
approved by a teacher of the English language — such certification is to be included in the notice Case 1:17-cv-23078-CMA Document 28 Entered on FLSD Docket 11/02/2017 Page 1 of 2
CASE NO. 17-23078-CIV-ALTONAGA/Goodman
2
of filing the second amended complaint. Should these issues persist in Plaintiff’s filings,
Plaintiff’s counsel will be referred to the Florida Bar for counseling and any other action the Florida Bar deems appropriate.
Defendant Miami Beach Healthcare Group Ltd.’s Motion to Dismiss Amended
Complaint [ECF No. 23] is DENIED as moot. Defendants shall file a single, combined
response to the second amended complaint, or separate answers, as appropriate, within the time permitted by the Rules.
DONE AND ORDERED in Miami, Florida this 2nd day of November, 2017.
_________________________________
CECILIA M. ALTONAGA
UNITED STATES DISTRICT JUDGE
cc: counsel of record
Case 1:17-cv-23078-CMA Document 28 Entered on FLSD Docket 11/02/2017 Page 2 of 2

From Ken Ditkowsky–Elder Abuse and the Prosecutor’s Resource

Great publication on proscuting elder abuse may be found at:

Click to access The%20Prosecutor%27s%20Resource%20-%20Elder%20Abuse%20(2017).pdf

Here are some excerpts:

INTRODUCTION
Elder abuse cases often call on prosecutors to utilize investigative and prosecutorial skills that cross over many areas of specialty, including fraud and other financial crimes, child abuse and neglect, domestic violence, and sexual abuse. Crimes of elder abuse often co-occur, so it is not uncommon for a case to include theft crimes along with abuse and/or neglect as well as infliction of emotional or psychological abuse. In some cases, financial exploitation may be the motive for other forms of abuse or neglect. Understanding the potential connections between forms of abuse may help prosecutors create stronger, more comprehensive cases, and also address the full spectrum of perpetrators’ behaviors.1 As a result, prosecutors must not only be alert to indications of all forms of abuse that may be part of an overall pattern of abuse or neglect, but must also collaborate with other prosecutors and professionals who have expertise in relevant areas. Elder abuse cases are different from other kinds of cases in their complexities and frequent recurring issues, including: dynamics between the parties; commission
by multiple perpetrators, settings of abuse; issues of health and mortality; current and prior decisional capacity;types of evidence; establishing causation; dealingwith elderly defendants, and ageism. Many outside entities, such as Adult Protective Services (APS), the Long-Term Care Ombudsman (LTCO), aging services, and licensing and regulatory agencies, may conduct separate concurrent investigations; interview victims,   perpetrators, and witnesses; collect evidence; or initiate cases.
This Prosecutors’ Resource is designed to assist with investigating and prosecuting cases involving abuse, neglect, and financial exploitation of an older victim. Due to the prevalence of elder abuse committed by individuals known to the
victim who are often in a position or relationship of trust, this Resource will focus on cases involving nonstranger perpetrators.2  Additionally, this Resource will briefly address abuse committed in facility settings but will focus primarily on abuse committed within the community where older adults reside and abuse most often occurs. Much of the information, however, is applicable to cases no matter the setting.3
This Resource will define and identify elder abuse and will provide strategies and tools for prosecutors to assist in evaluating, investigating, charging, prosecuting, and resolving cases intended to protect victims from further harm and hold offenders appropriately accountable. It is divided into two parts:
Part One: Overview of Elder Abuse provides foundational knowledge needed to handle an elder abuse case. It begins by defining elder abuse, including the various forms and co-occurrence of crimes. Part One further discusses the characteristics of elder abuse victims and perpetrators, the aging body, and issues of competency and capacity that will all inform prosecutors’ decision-making in cases and interactions with victims.
Part Two: Prosecuting Elder Abuse discusses strategies for working with older victims in elder abuse cases and addresses the individual steps and considerations for prosecuting elder abuse cases, beginning with the initial interview and investigation (including strategies for charging) through sentencing.
Table of Contents
1 For example, a beneficiary under a will may act to hasten the victim’s death, or a theft of assets could leave the victim with insufficient funds to pay for food, medicine, or utilities.
2 “[S]trangers accounted for only about 8% of recent emotional mistreatment episodes, compared to 25% by romantic partners/ex partners, and 18% by children or grandchildren and the rest by acquaintances;” family members accounted for 76% of the physical abuse committed against older adults; “family members accounted for 52% of the most recent [sexual] assaults (spouses 40%), and strangers accounted for
only 3%.” Ron Acierno, et al., Prevalence and Correlates of Emotional, Physical, Sexual, and Financial Abuse and Potential Neglect in the United States: The National Elder Mistreatment Study, 100(2) Am. J. Pub. Health 292-97 (2010).
3 Abuse committed within a facility can be perpetrated by family, friends of the victim who visit, or by those associated with the facility—staff, volunteers, and other residents.
Current as of April 2017
5
The Prosecutors’ Resource
© 2017 AEquitas. All Rights Reserved.
1100 H Street NW, Suite 310, Washington, DC 20005
Part One: Overview of Elder Abuse
A. Defining Elder Abuse
Elder abuse has been defined as “physical, sexual or psychological abuse, as well as neglect, abandonment and financial exploitation of an older4 person by another person or entity, that occurs in any setting, either in a relationship where there is an expectation of trust and/or when an older person is targeted based on age or disability.”5 This definition distinguishes between illegal acts that happened to be committed against older persons and those where there is a unique relationship or dynamic between victims and their abusers or where an older person is targeted.
Elder abuse occurs in a variety of forms and acts, committed against older adults, by one or more individuals, corporations, and other entities, in any location in which the elder may be located, including the elder’s home, community setting, or a facility. Perpetrators may commit abuse:
• In a relationship in which there is a societal expectation of trust, such as caregivers, family, intimate partners, fiduciaries, faith community members; and/or
• When the elder is targeted because of a real or perceived vulnerability, such as frailty, cognitive impairment, or physical disability (and therefore less likely to report, fight back, understand what has happened, or be a credible witness). This category includes some scams where there is proof the victim was targeted because of these  characteristics.
This Prosecutors’ Resource uses the term “elder abuse,” but some jurisdictions categorize these cases as those involving “vulnerable, dependent, or impaired” adults.6 Individual jurisdictions define elder abuse quite differently; some do not have a specific crime of elder abuse, while others consider all crimes against elders to be “elder abuse,”  irrespective of the relationship between victim and suspect.
The following forms of abuse will be addressed throughout this Resource:
• Physical abuse
• Sexual abuse
4 Marie Therese Connolly, Bonnie Brandl & Risa Breckman, The Elder Justice Roadmap: A Stakeholder Initiative to Respond to an Emerging Health, Justice, Financial and Social Crisis 3 (2013), https://www.justice.gov/file/852856/download [hereinafter
Elder Justice Roadmap]. The Roadmap definition does not define a specific age for when a person becomes “elderly.” Federal law, however, uses several different ages for “elder” status; for example, The Older Americans Act uses age 60; Social Security uses age 65; the Office on Violence Against Women’s Later Life grants program uses age 50. 42 U.S.C.A. § 3002; 42 U.S.C.A. § 1396d; Grant Programs, Department of Justice,  https://www.justice.gov/ovw/grant-programs (last visited Aug. 10, 2016). United States jurisdictions and tribes use a variety of ages for their laws as well, and still some jurisdictions do not use an age-based definition at all for crimes and reporting laws. Instead, these jurisdictions use a “vulnerable adult” standard for all adults age 18 and older. Vulnerable adult (also called at-risk; dependent, and impaired adult)
statutes typically apply when the person has a significant developmental, cognitive, or physical disability which affects the person’s ability to meet basic needs and/or protect legal rights. Still others may require age 60 or older and vulnerability. See, e.g., N.Y. Penal Law § 260.31; Wash. Rev. Code Ann. § 9A.44.010; Tenn. Code Ann. § 39-14-111.
5 Elder Justice Roadmap, supra note 4. This Roadmap definition is not a legal definition but a framework for understanding and differentiating elder abuse from all crimes committed against older persons.
6 Definitions vary across jurisdictions and prosecutors should review statutes in their jurisdiction. See, e.g., Ala.Code § 13A-6-191, Conn. Gen. Stat. Ann. § 53a-320, Fl. Stat. Ann. 825.101, 720 Ill. Comp. Stat. Ann. 5/17-56 (defining elderly, elder, or older as person/adult as someone who is 60 years of age or older); Cal. Penal Code § 11174.4, Ga. Code Ann. § 16-5-100, N.C. Gen. Stat. Ann. § 14-32.3, Tex. Penal Code Ann.
§ 22.04 (defining elderly, elder, or older as person/adult as someone who is 65 years of age or older); Alaska Stat. § 11.51.220, D.C. Code
§ 22-932, Idaho Code Ann. § 18-1505, Minn. Stat. Ann. 609.232, Wash. Rev. Code Ann. § 609.232 (defining vulnerable adult, generally, as someone who is 18 years or older and who, because of a physical or mental impairment, requires assistance). Prosecutors should also look to mental condition, emotional frailty/stability, physical status, financial situation and level of dependence, access to medical care, living situation, provider of food and daily needs, etc.
Current as of April 2017
6
The Prosecutors’ Resource
© 2017 AEquitas. All Rights Reserved.
1100 H Street NW, Suite 310, Washington, DC 20005
• Emotional/psychological abuse
• Neglect
• Abandonment
• Financial exploitation
Because of the complexity and challenges involved in financial exploitation, those cases will be discussed in more detail in the next section as well as throughout this Resource. Domestic abuse in later life frequently occurs and may incorporate all of the forms of abuse listed above. It will be discussed throughout this Resource. Prosecutors should remember that elder abuse can be perpetrated by an intimate partner, family member, or third party.
1. Financial Exploitation
Financial exploitation, also referred to as financial abuse, is defined as the “illegal or improper use of an elder’s funds, property, or assets.”7 It includes acts or a taking for which the victim is unable to give legal consent or of which the victim is unaware; abuse of a fiduciary relationship; and situations in which a victim’s consent is the result of fraud or deceit, coercion, threats or violence, manipulation, subterfuge, duress, or undue influence.8 Financial exploitation typically includes a process consisting of a series of events rather than a single incident. When there is not an existing
relationship of trust between the victim and suspect, there may be a period of “grooming” prior to the taking (e.g., “sweetheart scams”). Other forms of abuse may include specific methods used (e.g., use of physical abuse to accomplish
the taking or obtaining of the victim’s “consent”) or outcomes (e.g., caregiver takes victim’s money and neglects victim by not providing needed medications or medical care). Financial abuse frequently co-occurs with other forms of elder abuse, making it critical to screen for other crimes and forms of elder abuse.
Jurisdictions vary considerably in how they criminalize financial exploitation crimes. Some states have enacted specific financial exploitation crimes for acts against elder or vulnerable adults.9 Other states have created sentence enhancements or aggravators that increase sentences when financial crimes are committed against elders and/or
vulnerable adults.10 Whether special crimes or enhancements have been enacted, financial exploitation crimes can usually be prosecuted under a state’s various theft crimes.11
Financial exploitation is the most common form of elder abuse12 and can involve many kinds of conduct committed by a wide array of offenders. The United States Government Accountability Office has suggested the categories in Table 1 to illustrate the breadth of financial abuse.13
7 Types of Abuse, National Center on Elder Abuse, https://ncea.acl.gov/FAQ/abusetypes.html (last visited Aug. 3, 2016).
8 Candace J. Heisler, Elder Abuse, in Victims of Crime 161 (R. C. Davis, A.J. Lurigio, & S. Herman eds., 2013).
9 See, e.g., Ala. Code Ann. § 13A-6-195; Idaho Code Ann. § 18-1505; 720 Ill. Comp. Stat. Ann. 5/17-56.
10 See, e.g., Ariz. Rev. Stat. Ann. § 13-702; Nev. Rev. Stat. § 193.167; see also Carolyn Dessin, Financial Abuse of the Elderly: Is the Solution a Problem?
34 McGeorge L. Rev. 267, 289 (Winter 2003).
11 Margaret M. Landrey& Monique C.M. Leahy, Proof of Elder Abuse in Civil and Criminal Actions, 118 Am. Jur. Proof of Facts 3d 297, §18 (Aug. 2016).
12 Shelly L. Jackson & Thomas L. Hafemeister, University of Virginia, Financial Abuse of Elderly People vs. Other Forms of Elder Abuse: Assessing Their Dynamics, Risk Factors, and Society’s Response (Aug. 2010), https://www.ncjrs.gov/pdffiles1/nij/grants/233613.pdf.
13 U.S. Government Accountability Office National Strategy Needed to Effectively Combat Elder Financial Exploitation (Nov. 2012), http://www.gao.gov/assets/660/650074.pdf. This Resource primarily focuses on the first type of offender: family members, friends, in-home caregivers, legal guardians, representatives, payees, etc. For additional information on financial abuse committed by financial service providers
and strangers, please see Appendix C. Additional Resources.
Current as of April 2017
7
The Prosecutors’ Resource
© 2017 AEquitas. All Rights Reserved.
1100 H Street NW, Suite 310, Washington, DC 20005
TABLE 1. United States Government Accountability Office, Examples

From Joanne;

Very interesting the article does not talk about probate court or probate court abuse, abuse by lawyers stealing from the elderly, making up false allegations in court to put false money in the estate; allowing the elderly to be drugged illegally with psychotropic meds in nursing homes, etc.

From Ken:

On Friday, November 3, 2017, 7:16:53 PM CDT, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:
What is being done to the elderly as a matter of course is that once the miscreants get their hands on them, they are doped up, isolated and denied even the basic human rights as their assets are stolen.
Rape is a terrible crime.   It used to carry the death penalty as it was so dehumanizing, however, *****.   Now it has become a akin to a ‘social disease’ and a Harvey Weinstein et al can get away with it for years, and then *****.    The dehumanizing of the elderly for the profit of the cadre of nursing home operators is deplorable, but as so many of the criminals are part of the POLITICAL and JUDICIAL ELITE hardly a ripple of outrage is heard. Remember how reluctant the Sun-times and the Tribune were to report the billion dollar medicare theft of Philip Esformes.
The same newspapers harp day after day concerning some silly statement that a politician utters and for days carried stories about some drunk 18 year old who wandered into a freezer at a local hotel.   The theft of  BILLION DOLLARS of Medicare funds was ****!   Seth Gillman’s Medicare hospice thefts were also barely mentioned, and there was no mention of the attempted intimidation by the IARDC when it became a rumor on the ‘street’ that Gillman was co-cooperating with the FBI.  The obvious attempt to silence him apparently was unimportant – only a few ELDERLY LIVES were at stake!
On Friday, November 3, 2017, 6:26:37 PM CDT, jdit@aol.com <jdit@aol.com> wrote:
Your mother taught you that the best place to hide something is on the center of the dining room table!   Years ago when I complained about the touchy behavior of one of the few men in an aerobics class, (in the ninth decade of his life) , you commented, the dirty old man was once the dirty young man. The clergy have been part of the harrassment and rape culture, as well as the people the clergy loves to excoriate!

From FB: Karen Federighi may have been released from Guardianship

There have been several posts on FB announcing that Karen Federighi may have been released from a wrongful and abusive guardianship where evil relatives were involved in Miami Dade, Florida, a hotbed of guardianship abuse and corruption.

You will recall that Teresa Tozzo Lyles had a mother, Carmen Tozzo who was murdered in probate there. She is still fighting for justice for her mother.

Karen was told by many to get to Canada or to Mexico and keep on sending the judge evidence of her competence.  She was an experienced nurse with a Masters in Nursing, holding 2 jobs, age 57, one job was teaching young nurses.

An abusive and wrongful guardianship ruined all that.

She was advised by many to flee the country, there would be no justice as long as she was here. She fled to Mexico under cloak of night.  They took her passport and driver’s license.  They got her fired from her jobs.  These people are pure evil.

Now she has to get back to the US without a passport or driver’s license.  Please pray for her.  The guardianship has been dismissed.  I don’t know if she is still at risk.

I am trying to get copies of her court papers.

Keep on praying.

Joanne

From FB; Missouri Judge resigns after barring mother from seeing her infant over unpaid court fees in another state kidnap case

https://www.rawstory.com/2017/10/mississippi-judge-resigns-after-barring-mother-from-seeing-her-baby-for-14-months-over-unpaid-court-fees/

What a sick, sick evil person.

Mississippi judge resigns after barring mother from seeing her baby for 14 months over unpaid court fees

Former Pearl Youth Court Judge John Shirley (Official photo).
DON’T MISS STORIES. FOLLOW RAW STORY!

A Mississippi judge who barred a mother from seeing her newborn baby for 14 months because she hadn’t paid court-imposed fees has stepped down.

The Clarion-Ledger reports that Pearl Youth Court Judge John Shirley has resigned under pressure from local activists who decried his decision to impose a no-contact order on a resident of Jackson, Miss., who is identified in court documents only as “Mother A.”

The judge first issued the order after the woman and a friend, who were driving through the city of Pearl looking for work, were pulled over by a police officer who discovered both women had outstanding warrants for routine misdemeanor offenses. The police officer who made the arrest told the Mississippi Department of Human Services that the child who was in the car with the two women was “abandoned,” despite the fact that it was the officer’s own arrest that forced the child to be separated from the mother.

Judge Shirley awarded custody to the baby’s grandmother, while also blocking the mother from coming into contact with the child until she paid off court-imposed fees.

The Clarion-Ledger’s report does not say how much money the mother owed in court fees, however local legal justice advocates say that unpaid fees do not justify separating a mother from a four-month-old child for 14 months.
“As a civil rights lawyer in Mississippi, I am no stranger to injustice, but for a judge to prohibit an impoverished mother from having any contact with her baby until monetary payments are made is shocking and repugnant,” said Cliff Johnson, the director of the Roderick and Solange MacArthur Justice Center at the University of Mississippi School of Law. “Such orders are tantamount to judicial kidnapping.”

From Joanne:

This IS NOTHING MORE THAN COURT SPONSORED KIDNAPPING.  note how the lawyer was afraid to call a pile of fecal matter a pile of sh**.

This is one of the worst judicial/lawyer/police crimes I have seen.  They should all be imprisoned for violating this mother’s civil rights.

 

From KD: Letter to the President

Subject: Fw: A letter to the President re: ELDER CLEANSING requesting an HONEST INVESTIGATION! It is time for the elderly to be SAFE in America!
Date: Oct 26, 2017 10:11 PM
It is very sad that the legal profession should be disgraced by so many members of the judiciary having no moral compass and engaged in ELDER CLEANSING.
Complaints have been filed by many citizens Jerome Larkin for his participation in the criminal enterprises and felonies of ELDER CLEANSING but the COVER UP CONTINUES.   Hopefully President T was serious about ‘draining the swamp’ and we (the great unwashed) will see criminal prosecutions of public officials such as Mr. Larkin who have so easily abandoned their public trust.
At the very least, Larkin ought to pay ILLINOIS INCOME TAXES on the booty stolen from so many elderly and on the MEDICARE FRAUDS that he overtly protects.
—– Forwarded Message —–
Sent: Thursday, October 26, 2017, 2:07:09 PM CDT
Subject: A letter to the President re: ELDER CLEANSING requesting an HONEST INVESTIGATION! It is time for the elderly to be SAFE in America!

October 26, 2017  – Chicago, Illinois – from Kenneth Ditkowsky.

Dear President T,

The Attorney Activist Andrew Ostrowski case was a wake-up call to every one of us.     In the past 30 days Ostrowski was physically hauled out of his home on spurious ‘mental health’ proceedings arrest warrants.     Fortunately, he had social media at his disposal and was able to escape the fate of many victims of the health care felonies of ELDER CLEANSING.      Indeed, Andy was not subjected to the fate of the late Mary Sykes of Chicago, Illinois.     The miscreants could not isolate him, medicate and dope him out of his mind, obtain a plenary guardian for him so as to facilitate the theft of his Estate and hundreds of thousands of dollars of Medicare and other Federal Health care funds.

This American Gulag has been conducted openly and notoriously and remains one of the best kept secrets in America.     The Government Accounting Office has sent to Congress four separate reports and every day a bunch of blogs highlights the Judicial and Political corruption that fees the unreported scandal.   (NB.  Probate Sharks, AAAPG, NASGA, MaryGSykes ****)    The Circuit Court of Cook County Probate Division case of Mary Sykes 09 P 4585 demonstrates the chronology, the perfidy, and outright criminal conspiracy that generates the felonies and the clear conspiracy prohibited by 18 USCA 371.    The Alice Gore and Robert Jaycox  cases are indicative of the total disrespect for human life and dignity that the corrupt political and judicial officials demonstrate —AND the fact that both you and I are under the right circumstances potential victims.     In fact, no one is safe including some of our best friends and worst enemies.       To the miscreants each of us is a commodity to be exploited.

The amounts of money involved in this health care fraud is staggering.      Philip Esformes was indicted in the Federal Court in South Florida for stealing a billion (nine zeros) dollars in Medicare funds.     Esformes is small potatoes compared to some of the other nursing home operators who operate right here in Chicago, Illinois.      Indeed, it is believed that Esformes’ father’s COOK COUNTY, Illinois operation dwarfs the Florida Operation many fold and he (Morris Esformes) is not the largest practitioner either in Cook County and certainly not Nationally.      However, he and his comrades are one of the biggest barriers to any health care reform in the United States of America in the foreseeable future.

Health care fraud is one of the biggest cottage industries in the United States and taxes all health care with a 700% surcharge.     No health care reform is even remotely possible without the reduction of the health care fraud surcharge dramatically.     It is amusing to hear the Political people bragging about their concern for the elderly!    “HORSE FEATHERS!”      Most are complicit!      Ditto for the media.

The nitty gritty is the Political establishment depends on HEALTH CARE FRAUD and Elder Cleansing for its very existence.     This bold statement unfortunately is true.     Check out the voting records of the residents who reside in the Esformes and related nursing homes.     How many residents voted against the candidates of the dominant political party?      Check out the campaign contributions of the nursing home operators.    How much was given to non-dominant party causes?       Check out the unofficial and non-documented transactions between the nursing home operators and the operatives of the dominant party officials, judicial operatives etc.     (such facts are known to the media – they say virtually nothing.    Indeed, the Philip Esformes indictment for stealing a billion dollars from Medicare should be big news – the alleged disrespect you allegedly showed for x received more coverage and longer coverage.    Ditto for Seth Gillman!)      Indeed, I expect that any action you take as to requesting an HONEST INVESTIGATION of the Gulag/Elder Cleansing scandal will get negative media coverage, however, as both YOU and I are potential victims any inquiry is in our manifest best interests.     We both are a “fall” away from being a serious commodity.

Let’s address the ‘nitty gritty.’      Last month South Florida had a hurricane and a nursing home in Hollywood, Florida was reported to have had a bunch of deaths – 12 in all.    It appeared that as usually happens the Power went out.     Florida this time of year is quite warm and air conditioning is a necessity, however, as is so often the situation the cabal’s nursing homes are cesspools and reasonably calculated to generate cash – not the advertise health care.    The situation became desperate as the temperature rose, however, even though there was a fully functioning hospital directly across the street because evacuation would shut off the flow of “health care” funds no 911 call was made.     Not even the patients facing crisis were wheeled the few yards across the street to safe quarters.    As commodities the few health care dollars were more important than a life or two.    (Some Government programs continue to pay after death !)        It has been reported Lawyers were dispatched to file lawsuits to thwart any action that the State of Florida contemplated.    Four lawsuits were reported to have been filed.    An interruption in the operation of the home – by an evacuation would have lost dollars for the operator — thus, a few commodities died!     To the health care miscreants their lives did not matter!

While congress has ignored the GAO reports, and law enforcement has been sluggish in cracking down on the full spectrum of this Gulag/elder cleansing scandal the facts are not unknown.    Indeed, the players are also known and honored profusely by their communities, the media, and the Establishment.     Prominent political and judicial figures are not embarrassed by their associations with these criminals, but flaunt their connections.

Please do not get me wrong – I do not condemn all nursing home operations or operators.    Many (if not most) of the faith based facilities do fine work and make more than reasonable efforts toward their commitment.   Indeed, some for profit facilities also are fine operations; however, certain operations like the Hollywood Hills and most of the cabal’s facilities are deplorable and manifestations of we charitably call criminal enterprises.       It is not the millions of dollars garnered from the patients, the insurance carriers and the government health care programs that is so disgusting –  it is the fact that these operations are openly and notoriously laughing at you and me, and appear to be immune to the Justice system’s reach.     (NB.  A few of these criminals are punished when they become too much of an embarrassment to the Political and Judicial elite, but, they are the exception).

An analysis of the problem reveals that strong ties between politics, the judiciary, and the criminal enterprises.      If you take a few moments and examine the Mary Sykes case (09 P 4585) at the Daley Center, Chicago, Illinois the ties will become obvious.

The Illinois legislature adopted 755 ILCS 5/11a – 1 et seq, and in 5/11a – 3 laid out exactly who was to be covered by the act and how the Americans With Disabilities Act and the Federal and State Constitutions were going to be complied with.     Safeguards were mandated.     These safeguards were further codified in 755 ILCS 5/11a – 10.      The review of the Mary Sykes file reveals that in total the safeguards and judicial protections were ignored. [1]

That pattern of ELDER CLEANSING is demonstrated in Mary Sykes as she was systematically isolated from her friends, her community, her activities, and the members of her family that elected not to participate in the criminal activity.      Once isolated, by a series of mesne Court orders Mary was systematically stripped of her assets.     Thefts were given legitimacy by COURT ORDERS rubber stamped by a corrupt judge and every avenue was exploited.     Federal health care programs were utilized to enrich collateral conspirators and profiteers to the maximum.    It is respectfully suggested that, but for, the elder cleansing scandal few dollars of Federal money were even remotely necessary to expend, and Mary’s full human and civil rights would have been infringed upon.

However, by the criminal conspiracy just about every dime of Mary’s and her husband’s savings was stolen.     Medicare and other Federal programs were accessed for the profit of Mary’s captors in such a routine manner that it would have escaped notice but for the fact that Mary’s younger daughter noted and informed the Court that was not inclined to listen to her that Mary had insurance coverage (from her husband’s public employment as a Police officer) that was being ignored.     In secret, the wrongfully appointed (without jurisdiction) plenary guardian emptied Mary’s safety deposition box of a gold coin collection conservatively valued at a million dollars, and removed just about every other valuable known.    Most were not inventoried – they just disappeared.    Mary’s home, reported to be valued at $800,000, prior to the guardianship was sold (with the attornment of the ‘wired’ judge) for a fraction of its reported value to and through a clout heavy local political figure. [2]

The MARY SYKES scenario is repeated time and time again in just about every jurisdiction.   The result is always the same.     When the last dollar is removed from the government program and the last dollars extricated from the elder cleansed estate, the victim is put to death.     Most of the time “hospice” is used to extract some additional dollars from Federal programs.     The involuntary suicide is an easy transition.    In the Robert Jaycox matter, he was fed in a prone position until he contacted an aspirated pneumonia – death occurred rapidly, followed by a quick cremation.

The extraction of FEDERAL FUNDS is akin to falling off a log.      The victim’s social security and pension, if any, is sequestered by the plenary guardian.    Administrative costs and expenses (including attorney fees) are readily approved by the court without real examination.     Additional charges are necessary because friends and family tend to object to their ‘loved one’ being denied his/her humanity, civil rights etc.    Ergo, the Court orders protection for the guardians and bars the family from physical contact without supervision from the victim.     A specially formed group is assigned to supervise visitation at the most inconvenient times for the family. [3]     No dollar in the possession of the victim is ignored.    18 USCA 371 liability of co-conspirators – i.e. people doing substantial acts in furtherance of the conspiracy are ignored.    Not even the tax collector is interested in collecting the taxes, interest and penalties that the conspirators have earned.

As indicated by the Philip Esformes indictment that ability to access FEDERAL FUNDS and Medicare funds is easy.      The acute care facility (nursing home) is funded by both Federal and private insurance.    The nursing home’s expenses are readily available and almost an open book; however, they are a facade.        The nursing facility outsources much of its activities.     For instance, a wholly owned Utility company charged for the electric and gas used by the facility (Multiuit)      The pharmaceutical costs were first run though a company called Total and then Omnicare.      Opioids and other chemicals could be purchased domestically and otherwise in railroad car quantities and sold to the patient and the government at several hundred percent of retail costs [4].    (NB.  Everyone has heard of the $12.00 aspirin pill!)   Linen supplies, nursing services, administration, cleaning, food service and every function is ‘farmed out’ with only skeleton staff as actual employees of the facility.      The rationale is deniability.       The nursing staff is very expensive and Registered nurses are in high demand.     Thus, when the facility is pre-warned (see Esformes indictment) that an inspector is scheduled for one of those surprise visits the correct number of RN’s are present and no staffing deficient is even on the horizon.    A slight adjustment in the facilities’ and the personnel books were copasetic. [5]

The cabal protected itself by these “Enron” style corporations and many other shams.     For every dollar spent six to seven dollars was paid by either the insurance company, the government, or the patient.    Usually the government paid. [6]     Because come election time, a 150-bed nursing home will deliver no less than 140 votes for the dominant political party the Political elite are going to give special considerations to the facility.     Judges are going to co-operate with requests for involuntary assisted suicide, protective orders barring families from contact, and accountings for assets and income that could win prices for fiction.    In addition, physician reports detailing illnesses that have no basis in fact are given absolute credence.

Right today, Mr. President you have the secret service detail to protect you from being elder cleansed; however, have you listened to the statements of political people such as Maxime Waters?         Have you read some of the medical analysis of you in the press?      Do you remember Soviet Russia and the Gulag?     It could happen here and in fact for many it is in fact happening right here in the United States.

The ‘fixed’ trial is not a fiction.     The ‘mental health arrest’ of Andy Ostrowski did happen!     Literally thousands of citizens are every day complaining that their loved ones (or they themselves) have been spirited off the street, isolated, stripped of civil and human rights while every dollar that they saved, plus, their Federal and State health care benefits is being redistributed into the pockets of various health care professionals and their 18 USCA 371 political and judicial co-conspirators.

I beg you – we need an HONEST INVESTIGATION of these felonies followed by (if the evidence garnered so provides) and HONEST PROSECUTION of each and every one of the culprits.       We need this investigation now and part of the HEALTH CARE overhaul!      We need the attitude of our government to be slanted toward GOOD and HONEST GOVERNMENT rather than expectancy and subterfuge.      I wrote Senator Durbin shortly after I became involved in investigating the Sykes case.    I wrote for his help in addressing this very serious fraud.    His response was to send me a copy of one of his stupid speeches as to how he was protecting social security.     As Mary’s social security was being stolen by the miscreant corrupt jurist and her 18 USCA 371 co-conspirators I really could care less whether Mary received social security or not!

Draining the swamp means clearing out the predators who make it unsafe to grow old in America.

Ken Ditkowsky


[1] In Mary Sykes the Sheriff of Cook County in a letter denies ever serving summons on Mary Sykes, and indeed the Court file reveals that even though Mary was abducted by the person who became the plenary guardian and removed from the County, all summons was directed to Cook County, Illinois.   The two Guardian ad Litem, and the Judge were thus aware that no attempt is notifying Mary or her next of kin was being made.  (due process requires notice and hearing).      Service of Summons on a party is JURISDICTIONAL.

·         755 ILCS 5/11a – 10 mandates that the summons to be served in a guardianship matter is to have written in its body a disclosure of the protections to be afforded the person to be served.  The Clerk of the Court at the time did not print such a form and none was provided to the Sheriff.     The facade of asking the Court for a special process server to be appointed does appear in the file.

·         As the person needing a guardian is disabled and might not comprehend the loss of civil rights that is contemplated, jurisdictional notice to next of kin is also required.    This JURISDICTIONAL requirement was similarly ignored.      The Attorney for the guardian admitted this fact on more than one occasion.

·         Notice must be provided PRIOR to any hearing to certain relevant people prior to hearing.    This requirement was totally ignored.

·         The tandem of   due process requires HEARING.     There was NO HEARING!    There was no testimony, and certainly the requirement of 755 ILCS 5/11a – 10 of clear and convincing evidence of the disability was not met!     The fact is Guardian ad Litem Adam Stern drafted an order appointing a plenary guardian and Judge Maureen Connors signed the order.   (On page 91 of her evidence deposition Judge Connors admits that she was reached (wired)) For her compliance, Judge Connors was elevated to the Appellate Court of Illinois as a justice.

 From this point on the two-guardian ad litem, the guardian, the attorney for the guardian and the corrupt judge ran roughshod over the case and prevented and thwarted any attempt to extricate Mary and restore her civil rights.    Approximately Three million dollars in assets belonging to Mary and her younger daughter were stolen, plus thousands of dollars of Medicare and Insurance company funds.    Cries for an HONEST INVESTIGATION and or prosecution of the criminal activities were thwarted using the facilities of the STATE OF ILLINOIS.

[2] The sale of undervalued (bargain) transactions of real estate and other tangibles generates heavy profits for the miscreants by a series of mesne sales.    For instance, by the attornment of a judge on the ‘take’ the promulgator of the sale can induce a price for value property of fraction of the value to a “nominee.”    After the sale is approved by the Court and family objections are funneled aside the property is resold.    This sale is consistent with the first sale, and to another nominee.     A few months later, the property is resold again, this time to the account of the political miscreant, and finally the property is liquidated to the ultimate purchaser at market value.     The stolen property is reported is reported as a capital gain rather than as ordinary income earned from theft.

[3] The people assigned to do the supervision are there in reality not to supervise but to burden any attempt at communication or restoration of the victim’s rights.    They charge for everything.     In the Mary Sykes case there was a charge for doing something with the victim’s dog!    Of course, the Court approved.   In the Alice Gore case the supervisor was actually able to segregate Alice from her family and discourage any intercourse between Alice and her family.   Thus, the Guardian ad Litem could arrange for Alice’s teeth to be removed and the grains of gold therein contained sequestered into the GAL’s pocket.

[4] The plan for Andy after he was abducted was quite simple.   Inject him with chemicals and reduce him to a zombie.    When he appeared before a Judge, even though he is a lawyer, he would be unable to articulate anything or even know who he was.   The judge would be free to appoint a lawyer for him who would then agree that Andy lacked the capability to take care of himself = from that point on, Andy would be kept medicated – the government would pay for it – and he could be elder cleansed.    This technique is available to be used on both YOU and ME – if the miscreants can catch us!

[5] The Bert Morgan case gave a clue to how books and records could be works of fiction and no one complained.     In Berman, a young man was lured into a ‘go to jail free’ position.   As a young and naive pharmacy graduate, Morgan was offered a ‘dream job.’       A few months into the job, the youngster was flattered into believing that he was the 2nd “coming” and his talents had been discovered.   He was offered the position of CEO of the employment entity with all the trimmings.       The salary was obscene and benefits to die for.    The youngster dove headfirst into his job intent on giving a dollar’s work for a dollar’s pay and he excelled; however, such was not the plan of the miscreants.    To slow him down, they purchased him a luxury vehicle and a home about 40 miles from the work site.     With a wife and a young family, the youngster did not look a gift horse in the mouth and commenced enjoying his new life and the freedom that was built into the job.

 It all came to an end when the Federal Investigators confronted the young pharmacist with the fact that there were prescriptions out there that had been filled more than once.    The fraud became evident, and as the pharmacist in charge all was SOL!    The owners of the company had purchased a youngster to go to jail, and of course they denied knowing anything or anyone.    An Honest investigation will find that all the outsource companies have similar arrangements.

[6] The nursing home facility was a study in segregation.     Not every patient was a victim.    In fact, many were treated rather well (in most facilities – Hollywood Hills appears to be an exception).     People who mattered had and have reasonably good experiences and receive tolerable care.    The cost to Medicare and other providers is still quite expensive, but, it is usually a better value than the hospital for the provider.     If you have an effective advocate survival and good treatment are as good as they are in a well-run hospital – however, if you are pre-determined to be elder cleansed once the miscreants have their hands on you, with the aid a couple of corrupt judges you are history.

From Joanne;

I challenge ANYONE to get into a nursing home and take a survey of any resident (that is not drooling and slumped over from psychotropic drugs) and let us ask each and every resident 1) if they want to be there;  2) if they want to go home to their home or with a relative and 3) if this is at all possible.

Why don’t we just write the nursing homes and see if we can take such a survey.

I bet we don’t get a single taker on that one.

Nursing homes are slums and ghettos for the elderly.  No one wants to be there.

I bet you on this one.

Joanne

From GG: 22 reasons to invalidate a void judgment

http://voidjudgements.net/22reasons.htm

Twenty-two reasons to
vacate a Void Judgment

The Really BIG DealThe real issue in void judgments is, SUBJECT MATTER JURISDICTION!!!!Void judgments are those rendered by a court which lacked jurisdiction, either of the subject matter or the parties. Wahl v. Round Valley Bank 38 Ariz, 411, 300 P. 955(1931), Tube City Mining & Millng Co. v. Otterson, 16 Ariz. 305, 146p 203(1914); and Millken v. Meyer, 311 U.S. 457, 61 S. CT. 339,85 L. Ed. 2d 278 (1940).

I can go into void judgments at great length with enough court case cites to make anybody’s eyes glaze over but I shall refrain. Let it be said that the really big deal with subject matter jurisdiction is that it can never be presumed, never be waived, and cannot be constructed even by mutual consent of the parties. Subject matter jurisdiction is two part ; the statutory or common law authority for the court to hear the case and the appearance and testimony of a competent fact witness, in other words, sufficiency of pleadings.

Even if a court (judge) has or appears to have subject matter jurisdiction, subject matter jurisdiction can be lost.

Major reasons why subject matter jurisdiction is lost:

(1) No petition in the record of the case, Brown v. VanKeuren, 340 Ill. 118,122 (1930).

(2) Defective petition filed, Same case as above.

(3) Fraud committed in the procurement of jurisdiction, Fredman Brothers Furniture v. Dept. of Revenue, 109 Ill. 2d 202, 486 N.E. 2d 893(1985)

(4) Fraud upon the court, In re Village of Willowbrook, 37 Ill, App. 3d 393(1962)

(5) A judge does not follow statutory procedure, Armstrong v. Obucino, 300 Ill 140, 143 (1921)

(6) Unlawful activity of a judge, Code of Judicial Conduct.

(7) Violation of due process, Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019; Pure Oil Co. v. City of Northlake, 10 Ill.2d 241, 245, 140 N.E. 2d 289 (1956); Hallberg v Goldblatt Bros., 363 Ill 25 (1936); (8) If the court exceeded it’s statutory authority. Rosenstiel v. Rosenstiel, 278 F. Supp. 794 (S.D.N.Y. 1967)

(9) Any acts in violation of 11 U.S.C. 362(a),IN re Garcia, 109 B.R. 335 (N.D> Illinois, 1989).

(10) Where no justiciable issue is presented to the court through proper pleadings, Ligon v. Williams, 264 Ill. App 3d 701, 637 N.E. 2d 633 (1st Dist. 1994)

(11) Where a complaint states no cognizable cause of action against that party, Charles v. Gore, 248 Ill App. 3d 441, 618 N.E. 2d 554 (1st. Dist. 1993)

(12) Where any litigant was represented before a court by a person/law firm that is prohibited by law to practice law in that jurisdiction.

(13) When the judge is involved in a scheme of bribery (the Alemann cases, Bracey v Warden, U.S. Supreme Court No. 96-6133(June 9, 1997)

(14) Where a summons was not properly issued.

(15) Where service of process was not made pursuant to statute and Supreme Courth Rules, Janove v. Bacon, 6 Ill. 2d 245, 249, 218 N.E. 2d 706, 708 (1953)

(16) When the rules of the Circuit court are not complied with.

(17) When the local rules of the special court are not complied with. (One Where the judge does not act impartially, Bracey v. Warden, U.S. Supreme Court No. 96-6133(June 9, 1997)

(18) Where the statute is vague, People v. Williams, 638 N.E. 2d 207 (1st Dist. (1994)

(19) When proper notice is not given to all parties by the movant, Wilson v. Moore, 13 Ill. App. 3d 632, 301 N.E. 2d 39 (1st Dist. (1973)

(20) Where an order/judgment is based on a void order/judgment, Austin v. Smith, 312 F 2d 337, 343 (1962); English v. English, 72 Ill. App. 3d 736, 393 N.E. 2d 18 (1st Dist. 1979) or

(21) Where the public policy of the State of Illinois is violated, Martin-Tregona v Roderick, 29 Ill. App. 3d 553, 331 N.E. 2d 100 (1st Dist. 1975)

And another that can and should be checked on is does the judge have a copy of his oath of office on file in his chambers? If not, he is not a judge and yes, you can go into his office and demand to see a copy of his oath of office at any time. The laws covering judges and other public officials are to be found at 5 U.S.C. 3331, 28 U.S.C. 543 and 42 U.S.C. 1983 and if the judge has not complied with all of those provisions he is not a judge but a trespasser upon the court. If he is proven a trespasser upon the court(upon the law) not one of his judgments, pronouncements or orders are valid. All are null and void.

In all, there are 22 indices which tell us whether or not a court had subject matter jurisdiction and when examining a judgment one has to know each and every one of them by heart. If he knows them by heart he can go through a judgment like Sherman going though Georgia and point out all of the errors which might make the case a void judgment, null and void upon it’s face.

SUMMARY OF THE LAW OF VOIDSBefore a court (judge) can proceed judicially, jurisdiction must be complete consisting of two opposing parties (not their attorneys – although attorneys can enter an appearance on behalf of a party, only the parties can testify and until the plaintiff testifies the court has no basis upon which to rule judicially), and the two halves of subject matter jurisdiction = the statutory or common law authority the action is brought under (the theory of indemnity) and the testimony of a competent fact witness regarding the injury (the cause of action). If there is a jurisdictional failing appearing on the face of the record, the matter is void, subject to vacation with damages, and can never be time barred.

A question which naturally occurs: “If I vacate avoid judgment, can they just come back and try the case again?” Answer: A new suit must be filed and that can only be done if within the statute of limitations.

“Lack of jurisdiction cannot be corrected by an order nunc pro tunc. The only proper office of a nunc pro tunc order is to correct a mistake in the records; it cannot be used to rewrite history.” E.g., Transamerica Ins. Co. v. South, 975 F.2d 321, 325-26 (7th Cir. 1992); United States v. Daniels, 902 F.2d 1238, 1240 (7th Cir. 1990); King v. Ionization Int’l, Inc., 825 F.2d 1180, 1188 (7th Cir. 1987). And Central Laborer’s Pension and Annuity Funds v. Griffee, 198 F.3d 642, 644(7th cir. 1999).

The number of void judgments on the books in America’s courthouses is so great, there is no practical way to estimate how many there are!

IF EVERY VOID JUDGMENT WAS VACATED WITH DAMAGES, IT WOULD REPRESENT THE GREATEST SHIFT IN MATERIAL WEALTH IN THE HISTORY OF THE WORLD!

This page in *.pdf       67 additional SMJ case cites in *.pdf


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