In Illinois, diligence has been defined as “Vigilant activity; attentiveness or care, of which there are infinite shades…”  Black’s Law Dictionary, 5th ed., p. 411. National Steel & Shipbuilding Co. v. U. S., 190 Ct. Cl. 247, 419 F.2d  863, 875., Illinois Supreme Court Article II. Rules On Civil Proceedings In The Trial Court, Part A. Process And Notice;

Such “Vigilant activity” supporting diligence of service of the Amended Complaint and Summons in the instant case is not evident in the Court record;

Where lack of jurisdiction is invoked, it must be done on a de novo basis.. In re Detention of Hardin, 238 Ill.2d 33, 332 Ill.Dec. 555, 932 N.E.2d 1016 (2010).

Committee Comments (June 5, 2007) “Because public policy favors the determination of controversies according to the substantive rights of the parties, Rule 103(b) should not be used by the trial courts to simply clear a crowded docket, nor should they delay ruling on a defendant’s dismissal motion until after the statute of limitations has run. See Kole v. Brubaker, 325 Ill. App. 3d 944, 954 (2001)”.

To enter a valid judgment, a Court must have both: jurisdiction over the subject matter and personal jurisdiction over the parties. (In re Marriage of Verdung, 126 Ill.2d 542, 547, 129 Ill.Dec. 53, 535 N.E.2d 818 (1989)).

A judgment entered by a Court without personal jurisdiction over the parties is void and may be challenged at any time, either directly or collaterally. Verdung, 126 Ill.2d at 547, 129 Ill.Dec. 53, 535 N.E.2d 818.  

Personal jurisdiction [only] may be established either by service of process in accordance with statutory requirements or by a party’s voluntary submission to the Court’s jurisdiction. Verdung, 126 Ill.2d at 547, 129 Ill.Dec. 53, 535 N.E.2d 818 ;

A judgment is not valid unless the trial Court has both jurisdiction of the subject matter of the litigation and jurisdiction over the parties. State Bank of Lake Zurich v. Thill, 113 Ill. 2d 294, 308 (1986).

“Absent a general appearance, personal jurisdiction can be acquired only by service of process in the manner directed by statute,” and the Code authorizes service of process either by summons (735 ILCS 5/2-203, 2-204, 2-205 (West 2012)) or by publication and mailing (735 ILCS 5/2-206 (West 2012)). Thill, 113 Ill. 2d at 308.

“A judgment rendered without service of process, either by summons or by publication and mailing, where there has been neither a waiver of process nor a general appearance by the defendant, is void regardless of whether the defendant had actual knowledge of the proceedings.” Thill, 113 Ill. 2d at 308. (Emphasis added)

  Moreover, a party attacking a judgment for lack of personal jurisdiction due to defective service of process is not restricted by either the time limitations or the “due diligence” requirements of section 2-1401 of the Code. Thill, 113 Ill. 2d at 308; see 735 ILCS 5/2-1401(f) (West 2012).

Accordingly, a judgment rendered by a Court that fails to acquire jurisdiction of either the parties or the subject matter of the litigation may be attacked at any time or in any Court, either directly or collaterally. Thill, 113 Ill. 2d at 309 (Emphasis added);

In determining whether a lack of jurisdiction is apparent from the record, we must look to the whole record, which includes the pleadings, the return on the process, the verdict of the jury, and the judgment of the Court. Thill, 113 Ill. 2d at 313.

1. the trial Court, in ruling on defendant’s motion to reconsider, should consider the proceeding as if it were a new case, Deutsche Bank National Trust Co. v. Brewer, 2012 IL App (1st) 111213, 362 Ill. Dec. 703, 974 N.E. 2d 224,, which held that an affidavit was insufficient to justify service by publication because it failed to identify the individuals who attempted service on the defendant. Brewer, 2012 IL App (1st) 111213, ¶ 21, 362 Ill. Dec. 703, 974 N.E. 2d 224,

I had a question today about proper legal citations and where to find the rules for that.

Cornell University has published an online guide for this which can be found at:

https://www.law.cornell.edu/citation/

Anatomy Of A Scam: How Lawyers Hurt Clients And Crush Nursing Homes

KEVIN DALEY

Supreme Court Reporter

6:51 PM 08/22/2017

http://www.nationallawjournal.com/legaltimes/id=1202796129499/Judge-Tells-EEOC-to-Revisit-Rule-for-Workplace-Wellness-Programs?kw=Judge%20Tells%20EEOC%20to%20Revisit%20Rule%20for%20Workplace%20Wellness%20Programs&et=editorial&bu=National%20Law%20Journal&cn=20170822&src=EMC-Email&pt=Legal%20Times%20Afternoon%20Update&slreturn=20170722171844

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Photo: Diego M. Radzinschi/ALM

A federal judge on Tuesday sent the U.S. Equal Employment Opportunity Commission back to the drawing board on regulations for increasingly popular workplace wellness programs, ruling in part that the agency failed to justify its 30 percent cap on cost incentives for participating workers.

AARP challenged the rule in October, arguing it would allow employers to illegally access private health information and potentially use that data in a discriminatory manner. The AARP, which lobbies on behalf of nearly 38 million people age 50 and older, also alleged the 30 percent limit on health care cost incentives was too high of a penalty for nonparticipating workers.

In the rulemaking process, the EEOC determined a wellness program could be considered “voluntary” so long as the cost incentives—or, seen another way, the penalty for nonparticipating employees—did not exceed 30 percent of the value of an individual’s plan.

In his decision, U.S. District Judge John Bates of the District of Columbia in Washington acknowledged the “tension that exists between the laudable goals behind such wellness programs”—which often entail collecting sensitive medical information from employees—and other federal regulations limiting employers’ access to such data. But he found that the EEOC had failed to adequately explain its decision to interpret the term “voluntary” in those other regulations—the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act—to allow the 30 percent incentive threshold.

“Neither the final rules nor the administrative record contain any concrete data, studies or analysis that would support any particular incentive level as the threshold past which an incentive becomes involuntary in violation of the ADA and GINA,” Bates wrote. “To be clear, this would likely be a different case if the administrative record had contained support for and an explanation of the agency’s decision, given the deference courts must give in this context. But ‘deference’ does not mean that courts act as a rubber stamp for agency policies.”

The EEOC and AARP—represented by its litigation arm, the AARP Foundation Litigation—did not immediately respond to requests for comment.

Read more: Anthem, Cigna and Macy’s Sued Over Wellness Plan

Bates’ decision granted the AARP’s motion for summary judgment against the EEOC rule. But Bates declined to vacate the rule entirely out of concern for “significant disruptive consequences.”

If the rule were vacated, Bates said, employees who’ve already received wellness program incentives “would presumably be obligated to pay these back,” while employers who effectively imposed a penalty on nonparticipating employees “would likewise be obligated to repay to employees the cost of the penalty.”

Protected health care information that was already disclosed to companies “cannot be made confidential again,” Bates said.

“It is far from clear that it would be possible to restore the status quo ante if the rules were vacated; rather, it may well end up punishing those firms—and employees—who acted in reliance on the rules,” Bates wrote.

Related Articles:

• AARP Sues the EEOC to Enjoin Workplace Wellness Program Regulation
• AARP Lawyer Urges Fresh Look at Mandatory Retirement at Big Firms
• Hiring, Not Firing, Is a New Focus in Age Discrimination Suits
• Employer Wellness Programs Face Challenges
• Under the L&E Microscope: Political Talk, Independent Contractors and Work Wellness Programs

This morning, GG tells me he spent 45 min. trying to upload a document on the new Illinois Court of Appeals Website.

So he called the help desk and they told him one of the portals doesn’t work and they forgot to take it down but another one does work.

So here is the correct URL if you are filing something:

from Odessey tech support:
the e-filing website has changed
the old one is not supported anymore and has errors

use https://illinois.tylerhost.net/OfsWeb/   to access their current website

see Barnes v Chase 9th Circuit RESCINDED and Remanded NOT for Publication 13-35716
Causey v US Bank 9th Circuit RESCINDED and Remanded NOT for Publication 10-56021
Here we find some amazing rulings from the Ninth Circuit. One pre-Jesinoski, and the other post Jesinoski …
Causey v. US Bank (2011) [3 day rescission decided pre-Jesinoski]
But in a case where the creditor acquiesces in the
consumer’s notice of rescission or fails to respond within the 20-day response period, rescission is accomplished automatically. See id.
Barnes v Chase (8/10/2017)
Check this ruling out:
For reasons that are unclear from the record, the letter to the creditor was returned to Barnes undelivered. The loan was not rescinded, and Barnes brought suit for rescission and violation of the Truth in Lending Act (TILA), 15 U.S.C. § 1601 et seq., and its requirements regarding rescission procedures against CBUSA, CHF, and LBPS.1 The district court granted the defendants’ motion for summary judgment. Because notice of rescission was properly given, we vacate the grant of summary judgment on Barnes’s claims for rescission and failure to effect
rescission and remand for further proceedings.2
And:
Specifically, Consumer Financial Protection Bureau (CFPB) Official Staff
Commentary to Regulation Z provides: “Where the creditor fails to provide the consumer with a designated address for sending the notification of rescission delivery of the notification to the person or address to which the consumer has been directed to send payments constitutes delivery to the creditor or assignee.” 12 C.F.R. § 226, Supp. I, para. 23(a)(2); Truth in Lending, 69 Fed. Reg. 16,769-03,
16,771 (Mar. 31, 2004).

And:

CBUSA “fail[ed] to provide [Barnes] with a designated address for sending the notification of rescission” because the address it did provide was not successfully receiving mail when Barnes sent his notice there. See 12 C.F.R. § 226, Supp. I, paras. 15(a)(2), 23(a)(2). The only remaining action for Barnes to take, per Regulation Z and the CFPB Official Staff Commentary, was to notify the servicer, which he had already done.

and

U.S. Bank N.A. v. Naifeh (Cal. Ct. App. 2016) 1 Cal.App.5th 767, 769: “[A] timely notice of rescission automatically renders the security interest void under section 1635(b) where the creditor acquiesces in the rescission or ignores it.”

Merritt v. Countrywide Fin. Corp. (9th Cir. 2012) 759 F.3d 1023, 1030 [under the procedure set forth in 15 USC 1635(b), “‘all that the consumer need do is notify the creditor of his intent to rescind,’” and the “‘”agreement is then automatically rescinded”‘”]; Sherzer v. Homestar Mortgage Services (3rd Cir. 2013) 707 F.3d 255, 258 [“rescission occurs automatically when the obligor validly exercises his right to rescind;” Williams v. Homestake Mortgage Co. (11th Cir. 1992) 968 F.2d 1137, 1140 [agreement “automatically rescinded” when consumer notifies the creditor of his intent to rescind] and of course Jesinoski.

I just checked AND MY PHONE NUMBER was on the list.

I have no doubt that I receive dozens of these stupid robo calls per week or month.

Go to https://www.rmgtcpasettlement.com/Landing.aspx and put in your cell phone, work phone (if you own a business like I do) and home phone.

See if you are eligible to get $300 per phone call or up to $900 if you received 3 or more phone calls.

I know many of you hate attorneys, but don’t let that stop you. Every once in a while the little guys with no clout win just a teeny tiny bit.

Joanne

I find countless cases of erroneous and/or malicious removal of kids from their homes based on any number of questionable allegations; One must ask not only themselves, but certainly the COURTS claiming jurisdiction over the family or subject, on what foundation do the merits of these petitions to remove rest?
Our constitution was written to establish the guidelines that should enforce the protections of ALL citizens involved in any case brought to a court when any person’s human, fundamental & constitutional rights are threatened on either side of a case.

When highly publicized crimes are tried in our living rooms via news or television stations allow us into the courtroom, we are also exposed to the reporters own reaction, no matter how subdued, to any particular component of a case on either side. It is natural for us to assume that what WE see and hear about a case is also what the jury inside also sees and hears. From our perspectives, the facts as presented (on our side of the television screen) are so conclusive, there can be no question as to the findings of guilt, whether the guilt is on the accused or revealed to be more on the accuser.

We have seen cases that cause us to truly question the judicial machine and the competence of jurors who hand down verdicts that defy OUR logic.

High-profile cases such as OJ Simpson’s murder trial and Casey Anthony, have left us in jaw-dropping disbelief as we are riveted to the television broadcast of verdicts handed down that are in direct conflict to what OUR perception of them were: But WE are also privileged to information of a case that the inside courtroom never saw… ie: the bloody glove and shoes theory in explicit detail or the mother’s lifestyle over the 31 days between the last time she saw her child and the time she finally “mentioned” it had been a month and she did not know where her child was. There are infinite innuendos, revelations, and even personal interjections by the reporters that we were receiving in our private living rooms that the judge and jury trying and hearing the case never knew.
While we want to scream out for justice, there is an entire court process that has concluded, from its perspective, that justice has been served.
The occurrence of child removal from parents based on nothing more than the allegation that caused the petition to be filed is increasing at an alarming rate. The reference in this article, calling these accelerated dissolutions of families “ASSEMBLY LINE JUSTICE” is horrifyingly accurate.

There is something very obviously missing in these cases, but only to those who are standing on the INSIDE of the closed doors of a family court;

*EVIDENCE, MOTIVE, REASONABLE EFFORT, JURISDICTION, VALIDITY*

The officers of the courts who are solely empowered to determine the filing, trying and defending these cases, have become so overburdened by the frequency and numbers of these cases filed, while also cloaked in the secrecy of the closed doors of family court, it has become commonplace practice of the entire system inside to fall into a mindset of mass-production. Every case has a different number, the names change, but the common factor in all of them are the allegations contain within.
Our courts have unconsciously streamlined the process, to lighten their loads. In that streamlining, certain elements of the process have been eliminated, to save time and energy.
Unfortunately for the families, mainly the parents who have been FALSELY ACCUSED by a malicious reporter, an angry family member, an uninformed caller, and even a misconstrued comment from the child himself, the courts have decided to forego the FACTS of a case that may ONLY be determined through a thorough a properly conducted investigative process, then fact-checked for validation by the court, and finally, by the Due Process protections we are promised as United States citizens.

Our family courts have forgotten those components and erroneously proceed with “Best Interest” as their motivator, as they justify the systematic annihilation of the American family on the predetermined assumption of guilt based on nothing more than a written report of a caseworker who was entrusted with the duty to investigate the allegations against parents, to collect evidence through interviews of witnesses who give weight to BOTH sides, and then to compare this evidence to conclude: Is there enough evidence to indicate this parent is a danger to her child and the child is in imminent danger of harm or has this parent been falsely, even mistakenly accused and evidence gathered has shown this to be the foundation of an allegation that does NOT constitute abuse or neglect.
These caseworkers have been bestowed with a duty to ensure a child is safe and out of harm’s way. They are sent out to the population with an illusion of superpowers. They see themselves as necessary heroes.
In many ways, they should be.

But it is the “quota” that becomes the delusion. When there are no guilty parents, no children to take, there is no funding for the budget. Then there is really no need for so many caseworkers, (just to name ONE basic reason for the need to increase the numbers of removals…if you review this ONE component in a breakdown of every penny that comes out of the budget, it may seem insignificant in the vast $$$$ of expenses included in the granting of federal funds to agencies. BUT, no $$$ are granted for intact families! It only starts flowing when the valve is opened with the removal of the children. From there it becomes a flood).
The workers who have the successful Indicated Findings which end up in family court for removal are the bread winners for this broken system. It has become a survival tactic; Their OWN self-preservation has become priority over family preservation.
*****************************************
LEGISLATORS…There is an immediate and urgent need for review of the FACTS and REASONABLE EFFORTS practices of DCFS nation wide!!! The Administrative Codes are subliminally written with the protection of the AGENCY first. The child is the vehicle. Many of the codes, policies and procedures are written to allow the agencies themselves to inflict the very same treatment of a child that they used against a parent to TAKE that child. They are given protections from prosecutions for committing the same acts they have just accused and prosecuted parents for, and usually this is done without the court ever establishing any substantial or evidentiary basis at all!
The workers write the complaint. They hand it in like a homework assignment. Their supervisor signs off on these reports as being valid and accurate without even making a follow up call to anyone noted in the investigation or a background check of the reporter to determine possible malicious motivation…all of these are essential and relevant components that are SUPPOSED to be included in the investigation process, but are overlooked or ignored. These accepted and approved submissions ultimately result in $$$$ flowing into the budget, ensures job security, wage increases, and the creation of more jobs when the numbers indicate the need for MORE SERVICES (consequently, more service PROVIDERS).

Every successful removal is like another can of spinach to Popeye.
The statutes are written to cover every aspect of potential prosecution of a guilty parent…and guilty parents SHOULD be prosecuted APPROPRIATELY. What the laws and policies do NOT address is the potential prosecution of innocent parents. Laws are written in the conclusion that ANY parent indicated for abuse/neglect IS guilty, and the Due Process that is supposed to ensure that is a CORRECT assumption ceases to exist. There is no consideration to the contrary once an Indicated finding has been submitted.

When will the courts finally begin moving the over-population of legal orphans into the FEMA camps along with the rest of the refugees, undesirables and overflows from whatever else the system has caused through mismanagement and lack of accountability?

THINK ABOUT IT

Sharon Shay Watson, court corruption victim (loss of grandchild)

If anyone knows where she is, please hand her a phone and ask her to call her mother please.

As you all know, Lilly is in an abusive guardianship and was removed from her home under false premises (promised more education and a safe place to live) instead, she has been isolated from her family and has been put in a string of abusive nursing homes where she has been beaten and sexually assaulted and not provided with medical or dental care.

Her mother worries constantly about her and she is heartsick.

Please help Mary and Lily, if you can.

She was last seen at New Trails in Albany Missouri.

thanks

joanne

As most of you know, in the past, when the Mary Sykes case was going on, a fun thing to do was to as Sheriff Dart’s offices for proof of service on Mary when the case was going on for 5 years and she was never served.

The first time you do it and ask how Mary could have been guardianized and a case was running in Cook County for years without jurisdiction, all the employees go nuts and that’s fairly entertaining (of course, Judge Stuart should have just dismissed the case, but she’s long gone.  No clout for her.  But someone pretty powerful is protecting Justice Maureen Connors because she ran the Sykes case for years without jurisdiction and when the stuff hit the fan, she got promoted to the Court of Appeals!  Too funny.  But that’s how it works in Crook County.  You really screw up a case, there’s only 2 ways to go, one is out the door and the other is getting promoted).

So, just so you all know, today a probate court corruption client went to Room 701 and asked a Sheriff Dart employee for a copy of the Service papers on his mother, and that was met with a “you have to get a court order.”

Excuse me?  Either this person is covering up another lack of jurisdiction judge (Quinn), or Sheriff Dart needs some serious retraining of people in Room 701. Since 6th grade student in Illinois must pass an US Constitution test, perhaps this person never made it beyond 6th grade?

Court records and Service records are supposed to be public, not private, in an open, free and transparent democracy.

I hope someone from Room 701 reads this and posts it in that office on Monday.  Better yet, if you, my dear reader, are going down to the Daley Center on Monday, please print out a copy of this blog page and drop it off and ask whoever comes to the window in 701 to post a reminder to everyone that unless a case is sealed, Service Records are public and not private information. They are public property and not private property of the employees working there.

This is ridiculous.  Over and over, scores of posts on this blog have been on the issue of Service, Jurisdiction and copies of Court/Service files, and THERE IS STILL A PROBLEM?

I just don’t know how to say this any clearer.  The judge cannot take jurisdiction of a case until a person (defendant or respondent, generally) is properly served.  Service records are clearly public and belong to the public and should be accessible during normal business hours for inspection and copying.

In reality, all of this stuff should have been been put online back in 2000 and made available to the public.  That’s when the Federal Courts went to Pacer and put all their stuff online.

Dorothy Brown has been asked over and over to put all her court records online for 8 cents per page or less.  This has been going on for years.

Sheriff Dart should put his Service records online for 8 cents per page or less.

It’s time to end the moniker Crook County.  People are sick of this nonsense and we want and deserve better, much, much better.

JoAnne

Please call me if you can help.  Because the one is moving into a senior housing high rise, we have to move Mon to Fri, 9 to 5.  Please call me or text me if you can help 773 255 7608, or email me at justice4every1.com.

the move will be an ongoing process.  They have until the 15th to get out of their old place and into a new one.

The woman is about 60 and is very nice, just had eye surgery and is suppose to be on bed rest for another 5 weeks.  She did not get housing and is looking for a reasonably priced apartment or roommate situation.

The man has limited speaking ability, is paralyzed on one side and suffered a stroke/aneurysm at age 30 and he is now 62.

Both are on SSI disability.

If you can help, please contact me.

Thanks so much and take care.

Love and Light, namaste,

Joanne

From the Palm Beach Post

Advocates for guardianship reform clamored in vain for years that Florida’s system failed to properly protect incapacitated seniors, that its primary purpose had been perverted to line the pockets of greedy attorneys and professional guardians with the hard-earned life savings of the elderly.

Now they can point to a new federal verdict awarding a whopping $16.4 million in a lawsuit claiming that two West Palm Beach attorneys breached their fiduciary duties while running up “unnecessary and excessive fees” of $1 million.

“It’s really kind of a landmark case,” said Julian Bivins, who brought the suit as the personal representative of the estate of his father, Oliver, a Texas oil man. “It sends a message to these unscrupulous lawyers and guardians that they are not going to be able to get away with it anymore.”

The Bivins guardianship case emanates out of the court of Circuit Judge Martin Colin, the subject of an investigation by The Palm Beach Post into the judge’s conflicts of interest because his wife is a professional guardian.

Colin in open court had heaped praise on the attorneys who lost the case and refused to hold a hearing to decide whether the attorneys had “secretly” kept money from the sale of one of Oliver Bivins’ properties in an escrow account for more than a year, according to court documents.

The Post’s award-winning series featuring Colin, Guardianships: A Broken Trust, resulted in an overhaul of guardianship rules in Palm Beach County. Colin retired last December after he was transferred from the Probate & Guardianship Division because of The Post’s reporting.

Weeks after The Post published, Julian Bivins filed a motion to disqualify Colin, saying his concerns about the “close-knit atmosphere of the Guardians, their attorneys” and Colin had been “glaringly brought to light” in the stories.

Held captive?

The younger Bivins said he felt his father was “held captive” in South Florida by the guardianship so the attorneys could liquidate real estate assets — including a New York City Upper East Side mansion — and charge more fees. Colin granted an emergency order prohibiting the senior from returning to Texas.

The jury found on July 28 that attorneys Brian M. O’Connell and Ashley N. Crispin of the Ciklin, Lubitz & O’Connell firm not only breached their fiduciary duty but committed professional negligence.

The lawsuit claimed they failed to get appraisals on two high-end New York City properties being divided among family. They were not of equal value and as a result, Julian Bivins ended up with one that was worth millions less than other.

The jury’s decision to award $16.4 million makes up the difference.

But the fight over the property is far less important to reform advocates than the fact that attorneys who carry out the wishes of professional guardians and are paid with the ward’s money were held accountable.

“This case in one of the longtime hotbeds of guardianship abuse is a tipping point,” said Sam Sugar, director of Americans Against Abusive Probate Guardianship.

“This first salvo sends a serious message not only to the predatory guardians and lawyers who have been exploiting families all over Florida for decades but especially to the probate judges without whose complicity these cases could never happen.”

Oliver Bivins died at age 97 in March 2015. He ended up in the court-ordered guardianship when he visited his condominium in Palm Beach in 2011 and a social worker became concerned with his well-being, according to court documents.

+

Oliver Wilson Bivins Sr. passed away at age 97 in 2015 but his son continued to fight the professional guardian who … Read More

Oliver Bivins appeared to be coming to Florida for a weekend vacation, leaving his refrigerator in Texas fully stocked, plaintiff attorneys told the jury. His son said he often didn’t visit his Palm Beach condominium for years at a time.

The verdict takes a further step toward re-establishing that attorneys are supposed to represent the incapacitated ward, not the court-appointed professional guardian — a position many lawyers have argued in court to thwart families trying to rein in a fee frenzy.

“If it wasn’t for me, they would have completely depleted my dad’s estate,” said Julian Bivins, who now lives in Palm Beach. “I’ve been fighting them from the beginning to just get him back to Texas. Finally, I got him back there 35 days before he passed away.”

As with many family members who challenge the status quo in guardianship in Palm Beach County, Julian said he found himself relentlessly attacked in court. He was even sued by one of the guardians in the case, Curtis Rogers.

The biggest toll, he said, though, was his relationship with his father as Rogers told the elder Bivins that his son only wanted his money. “He turned my dad against me,” Julian Bivins said. “I could never explain to my father how he was being held for ransom, how they wouldn’t let him go.”

The Ciklin firm said it is confident it can prevail on post-trial motions in front of U.S. District Court Judge Kenneth Marra.

“We think the verdict was not in keeping with the law or the facts and, in fact, was considerably more than the plaintiff even asked for,” said Alan Ciklin, the firm’s managing partner. “We feel pretty good about our ability to have this reduced dramatically.”

Rogers, one of two professional guardians dismissed as defendants in the lawsuit, testified for more than two days at the trial. He told The Post he believes the younger Bivins financially took advantage of his father. “The verdict was a total shock to me,” he said. “I anticipated there was no way that type of verdict could be made.”

It may come as a shock to Judge Colin, as well.

Colin during a Feb. 3, 2016, hearing in the guardianship case bristled at the suggestion that the Ciklin Lubitz firm was not acting as a good custodian of Bivins’ assets. The senior’s son questioned why the firm had failed to turn over $472,000 from the sale of his father’s commercial property in New York City, requesting Colin refer their actions to the Florida Bar or keep them from holding onto the money.

“The Ciklin Lubitz law firm has a well-earned reputation of honesty. And this is honesty,” Colin said in court. “Not for a moment do I have any concern because their reputation is well-earned in this respect.”

Colin denied Julian Bivins’ request without hearing any evidence but ordered the firm to return about $400,000.

An attorney for Julian Bivins filed a motion to disqualify Colin because of those statements, but the judge denied it.

“We never got anything done in his court,” Julian said. “We complained about the amount of the fees and he (Colin) cut them down 25 percent, but then we had to pay their fees for them to defend those fees. So they just made it back.”

Guardianship Catch-22

It is in this Catch-22 that families often find themselves when trying to decide whether to fight unethical actions by a professional guardian: Either way they pay, and either way the lawyers’ wallets grow fatter.

The guardianship issue is being looked at by a task force formed by Florida Supreme Court Justice Jorge Labarga. The state Legislature established the new Office of Public & Professional Guardianship as a result of lobbying by advocacy groups and others about lawyers and guardians siphoning off fees.

Attorney Greg Coleman, past president of The Florida Bar, wrote to the work group in June to alert it to “inappropriate, improper and illegal activities of a very small number of Florida attorneys” practicing in the guardianship arena.

“Unfortunately, the way guardianship statutes and rules are currently constituted allows for a window of exploitation by bad attorneys and bad guardians for their own personal monetary gain,” said Coleman, who was not associated with the Bivins guardianship or any of the relating litigation.

Coleman said everything is moving in the right direction for seniors. “The issue has the (Florida Supreme) Court’s attention, I can tell you,” he said. “It is not something that is being ignored or swept under the rug.”

+

Oliver Wilson Bivins Sr. was an oil man whose family were pioneers in Amarillo, Texas. He visited his Florida condo infrequently … Read More

Dominoes falling?

Sugar’s grassroots-group based out of Hollywood was the force behind legislative reform last year. He said the verdict in Bivins is a sign “the dominoes are starting to fall.”

Several years ago Sugar could barely get a conference with key Florida lawmakers. Now his group has spearheaded legislation and made guardianship an issue around the country. Sugar pointed to the recent federal indictment of a professional guardianship firm in New Mexico, charging the owners with stealing millions from seniors, as an example that justice could be done for these seniors.

Attorneys who represented the Bivins family — Charles D. Bavol and Ron Denman of The Bleakley Bavol law firm in Tampa — compared the trial to a climactic brawl from the movie Rocky. The Ciklin defendants knocked out their expert witness and cited attorney-client privilege in refusing to turn over crucial emails between the Ciklin lawyers and the guardians. The son’s testimony persuaded the jury, his lawyers said.

“What the defendants did in this case was wrong,” Denman told the jury. “It was legally wrong, what they did was ethically wrong, and what they did was morally wrong.”

Bavol and Denman said the verdict builds off a 2015 state court appellate finding out of Palm Beach County, ruling that the guardianship attorneys’ duty is to the incapacitated adult, not the professional guardian.

The 4th District Court of Appeal in recent years has reined in circuit courts in Palm Beach County that reform advocates say patently favor professional guardians and their attorneys. Still, advocates such as Sugar say they hear about abuses almost daily in the guardianship courts.

Bavol and Denman said the verdict underscores the need for accountability from guardians and their lawyers.

“Based on this significant jury verdict and the ongoing investigative journalism in Southern Florida concerning professional guardianships, the need for reform of the guardianship system to protect Florida’s elderly citizens is again underscored,” the lawyers said in a news release.

For those of you that are facing an appeal, your Record on Appeal can now be filed on line. (Hint: this is the easy new part).  Go to the Dorothy Brown Clerk of Court Website and click on Appellate efiling.

Now that was the easy part.

Next are filing the Record on Appeal (once you get it) online and the Docketing Statement.

So you go to the Court of Appeals/Supreme Court website and you try to find the portal.

You click on “ebusiness”.  No apparent portal.

So here’s the secret (and this is proof of too many corrupt cases and don’t dare file an appeal and we’ll put your screwed up case in a non citeable “Rule 23” Opinion), you have to click on one of “The Choices” for efiling in the 1st district court of appeals.

Now you can click about a dozen links on the SCOI/court of appeals website and go no where.

This process is about as obscure as it could be.  There is no “easy” button on efiling the 1st district court of appeals, nor is there any “click here stupid” link.

What is wrong with a “click here stupid to file your 1st dist. court of appeals stuff”?

Nope, they’re not going there.

So here is the secret:

Go here:  http://efile.illinoiscourts.gov/service-providers.htm

I guess this is good, there is competition and you can compare benefits.

I’ll give you a hint, choose the first link, the fee is free. Free is good for my indigent/middle class clients.

Odyessy does a good job, but once you get there, you will never remember the URL, so bookmark it. If you don’t know how to use a bookmark, ask a kid or someone under 30, or call me. I won’t even make fun of you like those under 30 will.

Set up an account and bingo, you can efile your Docketing Statement and your briefs.

If you click from the Dorothy Brown Clerk of Court website, you can get to Pat O’brien’s Chief of Appeals website to upload your transcripts (assuming the court provided a court reporter and you can afford to pay for them, or better yet, you got a private court reporter and don’t have to worry about someone changing them, or the court reporter was unlicensed, like they do at the IARDC–the ARDC will NEVER live that down, as long as I am alive and that will be for quite a few more decades thank you attys Larkin, Smart, Opryszek, Splitt and others. Go for it, you turned the ARDC into a circus with your prosecution of the only real, honest attorney out there).

So here is the secret to the new stuff and appealing all those corrupt probate, child custody and foreclosure cases.

Call me if you have tech problems or want to report those miscreant attorneys and judges now.  That’s what I do now and I do it for free. Just a donation. Free is always the best, esp. if you are making min. wage or nearly that.

Illinois can no longer be for the clouted, wealthy and elite. The people have to take it back.   And that means supporting the attorneys that work for free or low cost (me). I am the real thing, and no, the ARDC can’t stop me from helping everyone, the best I can.

Has the ARDC helped you?  Has the ARDC given you your money back when attorneys take it and don’t do the work?  Probably not. They don’t care, but they’re supposed to do that and protect the public.

Help me in turning the State of Illinois honest and accountable today.

Support this work. Search for me for grants.  I am here and I am not going away.

I turn away no one, I help everyone.  I do as much as I can do.

peace and light everyone

Joanne

From Law 360 and my friend Nejla Lane:

So last week, I received a cease and desist letter from Judge Larsen of the Circuit Court.  I called right away to find out what it was about and asked for her email.

No response.

So then I drafted a letter in response.

She claims I published her “personal information” and that of her husband, which I don’t get, it’s all public information and SHE, not me, caused it all to be published with her own signatures and that of her husband.

It all runs smack dab up against the First Amendment to the US Constitution and the Illinois Free Speech clause.

She is making these douments public herself, by her own personal signature and her own personal actions.  She doesn’t want them on a blog.  I think it looks questionable.  Many of my readers think it all looks questionable.

She asks for a response in 72 hours and doesn’t give enough information, including the specific URL what is offending her and her husband.

Hmmm, more fish to look at.

She perfectly knows well the rule is now according to SCOI, you have to put your email on pleadings.  She has not sent me her email or any email at all.

But I have angels on my side and after a period of time and prayer, they got the entire situation to me, as they always do.

So, below is her letter, which I don’t get.  Why would she accuse me of divulging personal information when she well knows that the Cook County Recorder of Deeds puts property information on their website?  Seems strange.

It’s also relevant to her job and the right of the public to know who is taking salaries that are really taxpayer funds.

It’s nothing that should not be published every time the Sun Times recommends a judge or politician for that matter.  They recommend, they should publish property records in a discernible manner.

Here is her very strange letter, which I can’t figure out and which she has not responded to any inquiry.

State of Illinois
Circuit Court of Cook County
Chicago. illinoiS 60602
July 21, 2017

Joanne Denison

5330 W Devon Ave, #6

Chicago, IL 60646
It has come to my attention that you have published on the internet personal
information regarding myself, Including but not limited to information concerning my
residence. In accordance with the provisions of “The Judicial Privacy Act!’ (70S ILCS 90/2-5 et
seq.) (the “Act”), I hereby request that you cease and desist in publishing any personal
information regarding myself. I further request that you remove from any internet site under your direction or control any personal information regarding myself that has already been posted. This request specifically includes, without limitation, the personal information posted on the following web address http://www.Marygsykes.com.This judicial request also includes a request to cease and desist in the publication of any personal information of my spouse Edward Maliszewski and a request for removal of all such personal information posted to date.
To assist. you in compliance with the Act, I am enclosing a copy along with this
request of the Rule. Your prompt attention to this matter within 72 hours, in accordance with the provisions of the Act, is expected.
Respectfully,
Diane Joan Larsen
Judge of the Circuit Court
of Cook County
705 TLCS 90/2-5
Statutes current through the P.A. 100-19 of the 2017 Regular Legislative Session
illinois C01lf]JUed Statutes Annotated> Chapter 705 COURTS> JUDICIARY> Judicial Privacy Act>
Article 2. Civil Provisions
705 ILCS 90/2-5 Publicly posting It judicial officer’s personal information on tbe
Internet by persons, businesses, and associations
(a) Prohibited Conduct.
(1) All persons, businesses, and associations shall refrain from publicly posting or
displaying on the Internet publicly available content that includes a judicial
officer’s personal information, provided that the judicial officer has made a
written request to the person, business, or association that it refrain from
disclosing the personal information.
(2) No person, business, or association shall solicit, sell, or trade on the Internet a
judicial officer’s personal information with the intent to pose an imminent and
serious threat to the health and safety of the judicial officer or the judicial
officer’s immediate family.
(3) This subsection includes, but is not limited to, Internet phone directories, Internet
search engines, Internet data aggregators, and Internet service providers.
(b) Required Conduct.
(1) After a person, business, or association has received a written request from a
judicial officer to protect the privacy of the officer’s personal information, that
person, business, or association shall have 72 hours to remove the personal
information from the Internet.
(2) After a person, business, or association has received a written request from a
judicial officer, that person, business, or association shall ensure that the judicial
officer’s personal information is not made available on any website or subsidiary
website controlled by that person, business, or association.
(3) After receiving a judicial officer’s written request, no person, business, or
association shall transfer the judicial officer’s personal information to any other
person, business, or association through any medium.
(c) Redress.

History
Page 2 of 2
705 ILCS 9012-5
A judicial officer whose personal information is made public as a result of a
violation of this Act may bring an action seeking injunctive or declaratory relief
in any court of competent jurisdiction. If the court grants injunctive or
declaratory relief, the person, business, or association responsible for the
violation shall be required to pay the judicial officer’s costs and reasonable
attorney’s fees.
P.A. 97-847, § 2-5.
Illinois Compiled Statutes Annotated
Copyright © 2017 Matthew Bender & Company, Inc.
member of the LexisNexis Group. All rights reserved.
End of Document

Comment: my OCR/scan isn’t the best equipment because, as you know, I work on a budget being a not for profit and a 501-c-3.

the link to the original letter can be found here:

https://drive.google.com/open?id=0B6FbJzwtHocwVWZaVjFZeDlrTjQ

Here is my response.  I assume because she reads my blog, she will read my response here because she didn’t enclose a SASE or an email address and I called for one.  I would have asked her for a prepublication comment, but somehow I suspect she isn’t interested:

JUSTICE 4 EVERY1, NFPJUSTICE 4 EVERY1, NFP5330 W. Devon Ave. #6         JoAnne Denison, Executive Director*Chicago, IL 60646 Cell Phone 773-255-7608ph 312-553-1300 http://www.justice4every1.comfax 312-553-1307 JoAnne@Justice4Every1.comVolunteer: Lisa Scully, court corruption victim.

July 29, 2017
Hon. Diane Joan LarsenJudge, Circuit Court Cook County50 W. Washington St, Courtroom 2405Chicago, IL 60602
RE: Your Cease and Desist letter of July 21, 2017
Dear Judge Larson;
I called your offices to try to respond to your request in 72 hours, and asked for your email, but never received it.  Accordingly, I am responding by snail mail or my volunteer, who ever gets there first.
In the future, please put your correct address, including an email on all correspondence if you would like a prompt response.
To begin with, I had a great deal of difficulty in researching your request regarding your “personal information.”  You did not include a specific URL or printout of your allegedly offending material.  Accordingly, saying something appears on a blog with thousands of posts over 5 years with hundred of comments is like referring to finding a person with a common name in Chicago without a street address or phone.  We don’t generally publish any “personal information” and are not really interested in anyone’s personal information.  Our research and interests lie in that which occurs in public and which is part of the public records.
Unfortunately, with the internet, there is probably not much left on earth or in the universe that is likely no longer public, and I guess we all have to deal with that.
You additionally did not specify the particular URL to which you were referring to, nor did you enclose copies of the offending material.  However, since I have a lot of guides and angels to help me, even with your limited information, this did not take me too long, just a couple of days.
I initially did a search in the box on top of the website, http://www.marygsykes.com, but found nothing under your name or “Larsen”–just dozens of references to Michael Larsen’s book on court corruption, which I assume you are not concerned about.
Then it dawned on me to look at my Gdrive which contains a synopsis of judge’s records at the Recorder of Deeds which lists only public information summarized from there–warranty deeds, recorded mortgages and releases.  Although I did not specifically recall the reason why your property records were analyzed, there must have been a request from the general public.  Often people will complain about a judge engaging in activities they find to be suspicious, and ask for a analysis of Cook County Recorder’s Offices information, which I will often do.  If the results are or may be of interest, they are published on my blog as an example of suspicious financial dealing which requires further investigation, and also they are sent to the US DOJ and the FBI.
I do not recall the specific request for the analysis; however, the information published is not private or personal, but taken from readily available internet sources.  You will have to discuss the matter further with Karen Yarborough, Recorder of Deeds and her Website, but it my understanding that the Recorder of Deeds is required by law, and pursuant to Constitutional guidelines to keep the property records of a democracy free, open and transparent.  As a result, all the documents mentioned in the synopsis were put on public record with your consent or the consent of your attorneys and agents.  You, yourself, and your husband signed these deeds and legal instruments, knew they would be recorded publicly, and they were in fact made public. I had nothing whatsoever to do with that process.
Accordingly, I have to assert that this information, published anywhere on the internet and obtained legally and by law (other than what you cite) is protected by the First Amendment to the US Constitution and the Illinois Constitution.
While doing my research to find out how my blog, http://www.marygsykes.com is connected to your name, Diane Joan Larsen, circuit court Cook County Judge, while I found absolutely no connection on a Google search, I did find several nice articles on how you had supported some very progressive and helpful caselaw. One such article is where you struck down damage caps.  Good job.
But on the other hand, we do know that obtaining a judgeship in Cook County is not a badge of honor.  It is nefariously political in nature and too many articles show it to be highly suspect. It is said by some attorneys, the “bid” is now up to $150k or more. It is up to $250k for a federal judgeship. What is the quid quo pro for that?  Recently, a female attorney running for prosecutor in a small farming county was caught with $500k in her campaign fund.  What was that for?  In addition, all judgeships in Cook County go through Ald. Ed Burke, which is a real problem if any judge wants to assert the innocence of Ceasar’s Wife and claim that their position is not suspect in and of itself.
I hope you will continue to work as you did on the case which struck down damage caps in malpractice.
I hope you understand that asking me to take down information on a blog is a very serious matter in light of the US and Illinois Constitutions. My blog states clearly I subscribe to the Code of Ethics for Journalists, though I do not have a degree Journalism, for integrity purposes, nothing is removed from my blog.  I am not inclined to do anything about your Cease and Desist letter, but I do wish you would have emailed me first and sent me a complete URL so I could figure out what you were asking, but then again, it is fun to ask the angels, right?  They always seem to come through.
If you would like to have me publish or republish articles on your good works to protect Illinois citizens from over reaching by clouted corporations on my blog, I would be glad to do so. You are also invited to publish comments on posts.  That is your right and I grant you that right.  No reasonable requests are denied.
I am always interested in articles on how pro se litigants can be protected.  In particular, I really need articles on how it is a Constitutional right to proceed pro se in court and courts have to stop telling people they cannot appear or proceed without an attorney.  At $200-$400 per hour, a person who is disabled, elderly, sick or making minimum wage simply cannot afford an attorney and there are no private low cost or free attorneys (or no where near enough of them) to represent the disabled, elderly, sick and indigent or working poor. Legal clinics are a joke at best and completely ineffective.  It is the worst tragedy these pro se litigants rarely see any justice at all and they are routinely maligned, stabbed in the back and made fun of in court.  It’s sad.  Too sad.  Where is justice for “the people”?
I trust this dispenses with the issue of “personal information.”  You might want to review the case of In re Weddington (published elsewhere on my blog) where the 4th Dist. Court of Appeals Illinois in its concurring opinion gave an excellent history of the First Amendment, and stated that the courts have absolutely no jurisdiction over social media, which would include my Word Press blog.  Your information was public.  You even signed these documents and gave them to your attorneys to record on a public forum knowing they would be made public–for the rest of all eternity.  This information lost its “personal” nature years ago–but only at your personal, signed request.
You are welcome to write an article, which I will publish, on why your property records are innocent of any wrong doing or how they are personal information to be protected when you caused them to be published on a public forum.  You may also write an article on how the passing of $150k to the DNC is an entirely innocent action to obtain a judgeship in the Circuit Court of Cook County with no quid pro quo involved even though we already know that judges make only $150k to $180k annually, so what is the ROI on that one?   Sorry to be so skeptical.  I do not mean to be overly critical of the judiciary in Illinois.
I would like to know.  My blog fans would like to know.  We would like to know why judgeships are still being channeled through one entity–Ed Burke and that’s a troublesome name at best.
I personally would like to know, since you are a chancery judge, why chancery judges are routinely and wrongfully dismissing counterclaims by pro se litigants (Kang Hong Lee and Greg Groeper). I have a lot of questions for my readers but no answers so far.  Elena Federova wants to know why her counterclaims were routinely dismissed and why her small HOA fee turned into a loss of an entire condo with massive fees.  I want to know that too.  Doesn’t look too good, now does it?
In peace and light and many blessings,
Joanne Denison
cc: http://www.marygsykes.comTimothy Evans, Presiding Judge, via email

here is the full letter with footnotes:

https://drive.google.com/open?id=0B6FbJzwtHocwYzJiUWJVWEcxc2M

So, my dear blog fans, does anyone have any insight on her letter.  Why is Presiding Judge Timothy Evans even allowing judges to send out these letters which run right up against the First Amendment to the US Constitution and directly undermine it?

I have a lot of questions for her.  I assume she reads the blog.

Judge Larsen, you can email me at joanne@jutice4every1.com if you have a response and I would be glad to publish, or you can just post a comment below and I will be glad to approve it.

My readers want to know what this is all about. Why are you claiming that information already divulged to the public is private in nature.  Why are you sending out a cease and desist letter to me and not Karen Yarborough who has the original information.

And why isn’t the Chicago Suntimes and Tribune and Crain’s already digging into this stuff as a matter of routine, especially before they rate judges as “recommended” or “highly recommended”?  What about Judge Anne Loftus who wrongfully is part of denying Ken Ditkowsky’s First Amendment rights to publish corruption on this blog before she is “somehow” “recommended” by the Suntimes?  Do they not look at these issues?  People want to know.

When the Suntimes, Tribune or Crian’s recommends a judge, they better have investigated this stuff and made it public.  The public has a right to know.

And finally, I have absolutely  no idea why a powerful, wealthy, clouted circuit court judge would send me a letter, any letter at all.  I don’t get it.  I have no money, power, no wealthy clouted friends, I am a mother of 4 and a nerd with a degree in Thermo Mechanical Engineering.  You can’t get more benign than that one.  Why would she ever stoop so low to read my blog?  I don’t get it.  She should be sending her letters to those in control–the president, the whitehouse, the state governors, etc.  Really important clouted people with money who can help her ambitions. for power and wealth and influence  I have no ambition other than to help the poor, the elderly, the disabled and those in need.  I don’t care if they have money or not.  Pretty much no one has money or worse yet, any hope.  For sure, the people I serve have no money, power, wealth or clout.

I can’t figure for the life of me how such a lowly person got on the radar of someone very important, clouted and powerful.  Same with the ARDC, what’s all that about.  You would think the DOJ and FBI would investigate because it all looks so utterly strange.

Thanks

JoAnne

https://seniorcareadvice.com/hawaii-eldercare-law-could-set-future-precedent.htm

A Hawaiian law awaiting the governor’s signature could influence eldercare legislation for the rest of the United States after local leaders push for a bill that aims to aid family caregivers. If passed, the law would be the first of its kind in the U.S. to provide funds to family members who hold down jobs and act as caregivers — promising up to $70 a day in help from home aids.

With trained caregiver hourly rates teetering between roughly $10 and $12, this kind of assistance would give caregivers time to pick up overtime at work, take care of children, run errands, and provide care while they’re not around.

Families Who Need the Help Most Can’t Afford It

This funding is also important because many times families who need the most help cannot afford it. “In Hawaii, we’ve heard time and again that it’s not wealthy people that are hiring domestic workers — it’s people who need some support here and there,” Ai-jen Poo, director of the National Domestic Workers’ Alliance, explained to Slate. “It’s working families who are … working part-time or temporary [jobs], or they’re self-employed and they’re trying to piece together work.”

Bill Doesn’t Interfere With Cultural Norms

This bill will not only be a potential lifeline for families who need it, it will also reinforce culture. Kevin Simowitz, Caring Across Generations political director, told Slate that as they looked for ways to help Hawaii’s aging population, they saw an unexpected pushback from locals. “I was surprised at how often, early in the conversation, people would say some version of, ‘I don’t think this is somebody else’s responsibility. I think care is my responsibility. My parents are getting older — I should take care of them.’”

In Hawaii, the job of a caregiver is revered with respect and dignity. The elderly are lovingly referred to as Kupuna, and the responsibility of a child to care for their parents is one that is not second-guessed. So, when local leaders and advocacy groups started poking around and learning more about Hawaii’s elderly and those who care for them, they were surprised to find that family caregivers shied away and generally refused outside help, even if it was needed.

It’s the balance between family eldercare and specialized help that has aided in this bill’s support. The legislation doesn’t replace the tradition of eldercare in the Hawaiian community, but rather reinforces it by providing vital resources to families in need.

Other States May Follow

The bill is also timely. The U.S. census projected that by 2030, more than one-fifth of the population will be 65 or older. On the island state of Hawaii, that number is expected to reach 30 percent by the same year.

Right now, Washington State is considering a similar bill, and other states with rapidly aging populations like Maine, Michigan, and Minnesota are also taking note. As the rest of the country ages, we assume other states will look to Hawaii’s program for inspiration — if it gets Gov. David Ige’s expected signature, that is.

Overview

Health care fraud costs the United States tens of billions of dollars each year. Some estimates put the figure close to $100 billion a year.  It is a rising threat, with national health care expenditures estimated to exceed $3 trillion in 2014. Health care fraud schemes continue to grow in complexity and seriousness.  The dedicated efforts of law enforcement are a major component of the fight against health care fraud.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) established a national Health Care Fraud and Abuse Control Program (HCFAC or the Program) under the joint direction of the Attorney General and the Secretary of the Department of Health and Human Services (HHS), designed to coordinate Federal, state and local law enforcement activities with respect to health care fraud and abuse.  In its seventeenth year of operation, the Program’s continued success confirms the soundness of a collaborative approach to identify and prosecute the most egregious instances of health care fraud, to prevent future fraud and abuse, and to protect program beneficiaries.

On May 20, 2009, Attorney General Eric Holder and HHS Secretary Kathleen Sebelius announced the Health Care Fraud Prevention & Enforcement Action Team (HEAT), an initiative that combined increased tools and resources, with sustained focus by senior level leadership designed to enhance collaboration between the Department of Justice (DOJ) and investigative agencies.  With the creation of the new HEAT effort, DOJ pledged a cabinet-level commitment to prevent and prosecute health care fraud.  HEAT is comprisedof top level law enforcement agents, prosecutors, attorneys, auditors, evaluators, and other staff from DOJ, HHS, and their operating divisions, and is dedicated to joint efforts across government to both prevent fraud and enforce current anti-fraud laws around the country.

The mission of HEAT is:

• To marshal significant resources across government to prevent waste, fraud and abuse in the Medicare and Medicaid programs and crack down on the fraud perpetrators who are abusing the system and costing us all billions of dollars.
• To reduce skyrocketing health care costs and improve the quality of care by ridding the system of perpetrators who are preying on Medicare and Medicaid beneficiaries.
• To highlight best practices by providers and public sector employees who are dedicated to ending waste, fraud, and abuse in Medicare.
• To build upon existing partnerships between DOJ and HHS, such as our Medicare Fraud Strike Force Teams, to reduce fraud and recover taxpayer dollars.

The Criminal Division plays a critical role in HEAT. The Criminal Division’s Fraud Section has 40 prosecutors assigned on health care fraud matters across the country.  Most of these 40 prosecutors are assigned to the Medicare Fraud Strike Force (MFSF). Partnering with nine U.S. Attorney’s Offices, the MFSF has filed almost 1000 cases, charging over 2100 defendants who collectively billed the Medicare program more than $6.5 billion. Almost 1500 of these defendants pleaded guilty and 200 others were convicted in jury trials; over 1200 defendants were sentenced to imprisonment for an average term of approximately 48 months.

In addition, the Criminal Division also investigates and prosecutes corporate matters involving larger medical providers and companies.  As a result, the Criminal Division is involved in numerous corporate investigations initiated by False Claims Act lawsuits filed by qui tam relators or referrals from law enforcement agencies.  In a recent speech, the Assistant Attorney General made clear that addressing large-scale corporate health care fraud is a key Criminal Division priority.

For particular questions relating to specific conduct, you should seek the advice of counsel, or contact the Department of Justice with the information listed below.

CONTACT US REGARDING HEALTH CARE FRAUD

Correspondence relating to incidents of health care fraud may be sent to:

Fraud Section, Criminal Division
U.S. Department of Justice
ATTN: Chief, Health Care Fraud Unit
950 Constitution Ave., NW
Washington, DC 20530

July 2017 indictments to date

July 2017

July 24, 2017; U.S. Attorney; Middle District of Florida

Owner Of Tampa Parathyroid Practice Agrees To Pay $4 Million To Resolve False Claims Act Allegations
Tampa, FL – Dr. James Norman, the owner and operator of James Norman, MD, PA, a/k/a James Norman, MD, PA Parathyroid Center, d/b/a Norman Parathyroid Center (collectively, Norman) has agreed to pay $4 million to resolve allegations that he violated the False Claims Act by knowingly engaging in various unlawful billing practices with respect to Medicare and other federal health care programs and their beneficiaries.

July 24, 2017; U.S. Attorney; Middle District of Tennessee

Pain Management Group Agrees To Pay $312,000 To Resolve False Claims Act And Overpayment Allegations
Pain Management Group P.C. (“PMG”), based in Antioch, Tenn., has agreed to pay $312,000 to settle federal and state False Claims Act and overpayment allegations, announced Jack Smith, Acting United States Attorney for the Middle District of Tennessee.

July 21, 2017; U.S. Department of Justice 

Houston Physician Convicted of Conspiracy in $1.5 Million Medicare Fraud Scheme
A federal jury convicted a Houston physician today for his role in a scheme involving approximately $1.5 million in fraudulent Medicare claims for home health care services and various medical testing and services.

July 21, 2017; U.S. Attorney; Middle District of Louisiana

Baton Rouge Home Health Company Settles False Claims Act Case For $1.7 Million
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced that CHARTER HOME HEALTH, a Baton Rouge-based healthcare company, has agreed to settle a civil fraud complaint filed under the federal False Claims Act by paying the United States $1.7 million and entering into a Corporate Integrity Agreement.

July 19, 2017; U.S. Attorney; Southern District of Florida

Nine Miami-Dade Assisted Living Facility Owners Sentenced to Federal Prison for Receipt of Health Care Kickbacks
Miami-Dade County assisted living facility owners, Marlene Marrero, 60, of Miami, Norma Casanova, 67, of Miami Lakes, Yeny De Erbiti, 51, of Miami, Rene Vega, 57, of Miami, Maribel Galvan, 43, of Miami Lakes, Dianelys Perez, 34, of Miami Gardens, Osniel Vera, 47, of Hialeah, Alicia Almeida, 56, of Miami Lakes, and Jorge Rodriguez, 57, of Hialeah, were sentenced to prison for receiving health care kickbacks. United States District Judge Marcia G. Cooke imposed sentences upon the nine defendants ranging from eight months to one year and one day, in prison. One assisted living facility owner, Blanca Orozco, 69, of Miramar, was sentenced to home confinement. In addition to their federal convictions, all ten defendants were also ordered to serve three years of supervised release, pay restitution and are subject to forfeiture judgments.

July 19, 2017; U.S. Attorney; Western District of Missouri

Two University of Missouri Physicians Plead Guilty to Health Care Fraud
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced today that two physicians at the University of Missouri School of Medicine in Columbia, Mo., have pleaded guilty in federal court, in separate cases, to engaging in a health care fraud scheme that totaled more than $190,000.

July 18, 2017; U.S. Attorney; Western District of Virginia

Danville Doctor Pleads Guilty to Healthcare Fraud, Tax Evasion Charges
Danville, VIRGINIA – A Danville doctor, who billed various insurers for services he never administered to patients, pled guilty today in the United States District Court for the Western District of Virginia in Danville to healthcare fraud and tax evasion charges, Acting United States Attorney Rick A. Mountcastle announced.

July 17, 2017; U.S. Department of Justice

Three Companies and Their Executives Pay $19.5 Million to Resolve False Claims Act Allegations Pertaining to Rehabilitation Therapy and Hospice Services
Ohio based Foundations Health Solutions Inc. (FHS), Olympia Therapy Inc. (Olympia), and Tridia Hospice Care Inc. (Tridia), and their executives, Brian Colleran (Colleran) and Daniel Parker (Parker), have agreed to pay approximately $19.5 million to resolve allegations pertaining to the submission of false claims for medically unnecessary rehabilitation therapy and hospice services to Medicare, the Department of Justice announced today.

July 17, 2017; U.S. Attorney; Southern District of New York

Manhattan U.S. Attorney Announces $4.4 Million Settlement Of Civil Lawsuit Against VNS Choice For Improper Collection Of Medicaid Payments
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that the United States has settled a civil fraud lawsuit against VNS CHOICE, VNS CHOICE COMMUNITY CARE, and VISITING NURSE SERVICE OF NEW YORK (collectively, “VNS”) for improperly collecting monthly Medicaid payments for 365 Medicaid beneficiaries whom VNS Choice failed to timely disenroll from the VNS Choice Managed Long-Term Care Plan (“Choice MLTCP”). Most of the beneficiaries who should have been disenrolled from the Choice MLTCP were no longer receiving health care services from VNS. Under the terms of the settlement approved today by United States District Judge Ronnie Abrams, VNS Choice must pay a total sum of $4,392,150, with $1,756,860 going to the United States and the remaining amount to the State of New York. In the settlement, VNS admits that VNS Choice failed to timely disenroll 365 Choice MLTCP members and, as a result, received Medicaid payments to which it was not entitled.

July 14, 2017; U.S. Department of Justice

Clinical Psychologist and Owner of Psychological Services Centers Sentenced to 264 Months for Roles in $25 Million Psychological Testing Scheme Carried out Through Eight Companies in Four States
Two owners of psychological services companies, one of whom was a clinical psychologist, were sentenced yesterday for their involvement in a $25.2 million Medicare fraud scheme carried out through eight companies at nursing homes in four states in the Southeastern U.S.

July 14, 2017; U.S. Attorney; Southern District of Georgia

Southern District Of Georgia Announces Participation in National Health Care Fraud Takedown
SAVANNAH, GA: On Thursday, Attorney General Jeff Sessions and Department of Health and Human Services (“HHS”) Secretary Tom Price, M.D., announced the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts, including 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $1.3 billion in false billings. Of those charged, over 120 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics.

July 14, 2017; U.S. Attorney; Eastern District of New York

Senior Executives Of Medical Drug Re-Packager Plead Guilty To Defrauding Healthcare Providers
Earlier today, in federal court in Brooklyn, Gerald Tighe, the president and owner of Med Prep Consulting Inc. (Med Prep), and Stephen Kalinoski, its director of pharmacy and registered pharmacist-in-charge, pleaded guilty to wire fraud conspiracy in connection with their operation of the now-defunct Tinton Falls, New Jersey-based medical drug re-packager and compounding pharmacy. The pleas were entered before United States District Judge I. Leo Glasser.

July 13, 2017; U.S. Department of Justice

National Health Care Fraud Takedown Results in Charges Against Over 412 Individuals Responsible for $1.3 Billion in Fraud Losses
Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Tom Price, M.D., announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts, including 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $1.3 billion in false billings. Of those charged, over 120 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS has initiated suspension actions against 295 providers, including doctors, nurses and pharmacists.

July 13, 2017; U.S. Attorney; Northern District of New York 

Kinderhook Podiatrist Pleads Guilty to Health Care Fraud, Pays $410,000 to Resolve False Claims Act Liability
ALBANY, NEW YORK – Podiatrist Perrin D. Edwards, age 64, of Kinderhook, New York, pled guilty on Tuesday to health care fraud for illegally charging Medicare and private insurance companies for services that he never provided. Edwards has also paid $410,000 to the United States to resolve his civil liability for his submission of false claims for payment to the Medicare.

July 13, 2017; U.S. Attorney; Northern District of Illinois 

National Healthcare Fraud Takedown Results in Charges Against More Than 400 Individuals, Including Several Chicago-Area Medical Professionals
CHICAGO – Several Chicago-area medical professionals, including two licensed physicians, are facing federal criminal charges as part of the largest health care fraud enforcement action in Department of Justice history, federal authorities announced today.

July 13, 2017; U.S. Attorney; Southern District of Florida 

Seventy-Seven Charged in Southern District of Florida as Part of Largest Health Care Fraud Action in Department of Justice History
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida; George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office; Shimon R. Richmond, Special Agent in Charge, U.S. Department of Health & Human Services, Miami Regional Office, Office of Inspector General (HHS-OIG); and Pam Bondi, Florida Attorney General; announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts, including 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $1.3 billion in false billings. In the Southern District of Florida a total of 77 defendants were charged with offenses relating to their participation in various fraud schemes involving over $141 million in false billings for services including home health care, mental health services and pharmacy fraud.

July 13, 2017; U.S. Attorney; Central District of California 

As Part of National Health Care Fraud Takedown, Federal Prosecutors in Los Angeles Charge 14 Defendants in Fraud Schemes that Allegedly Cost Public Healthcare Programs nearly $150 Million
LOS ANGELES – In the largest-ever health care fraud enforcement action by federal prosecutors, 14 defendants – including doctors, nurses and other licensed medical professionals – have been charged in the Central District of California for allegedly participating in health care fraud schemes that caused approximately $147 million in losses.

July 13, 2017; U.S. Attorney; Eastern District of Arkansas 

Twenty-Four Charged in Arkansas as Part of Largest Nationwide Health Care Fraud Enforcement Action in Department of Justice History
WASHINGTON-Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Tom Price, M.D., announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts-including the Eastern District of Arkansas. Among the defendants were 115 doctors, nurses and other licensed medical professionals, all alleged to have participated in health care fraud schemes involving approximately $1.3 billion in false billings. Of those charged, over 120 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS has initiated suspension actions against 295 providers, including doctors, nurses and pharmacists.

July 13, 2017; U.S. Attorney; Northern District of Alabama 

U.S. Attorney Charges NW Alabama Compounding Pharmacy Sales Representatives in Prescription Fraud Conspiracy
BIRMINGHAM – The U.S. Attorney’s Office on Wednesday charged two sales representatives for a Haleyville, Ala.,-based compounding pharmacy for participating in a conspiracy to generate prescriptions and defraud health care insurers and prescription drug administrators out of tens of millions of dollars in 2015.

July 13, 2017; U.S. Attorney; Eastern District of Virginia 

Woman Indicted on Medicaid Fraud and Identity Theft Charges
RICHMOND, Va. – As part of the largest ever health care fraud enforcement action in Department of Justice History, a Richmond woman has been charged with healthcare fraud, aggravated identity theft, and making a false statement to federal agents.

July 13, 2017; U.S. Attorney; Middle District of Louisiana 

Baton Rouge-Based Medicare Fraud Strike Force Announces Charges Against Four More Individuals For Health Care Fraud And Related Offenses
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced today the unsealing of two federal grand jury indictments charging four individuals with health care fraud and related offenses. The cases were unsealed as part of the 2017 National Health Care Fraud Takedown, during which federal, state, and local law enforcement partners announced charges of more than 400 defendants across 41 different federal judicial districts.

July 13, 2014; U.S. Attorney; Southern District of Ohio 

National Health Care Fraud Takedown Includes Two Central Ohio Companies and Owners Charged with False Billing
COLUMBUS, Ohio – A federal grand jury has returned separate indictments charging two central Ohio health care companies and the people who own them with health care fraud. One company allegedly billed government insurance programs for unnecessary medical procedures and the other is accused of billing government insurance programs for pain and scar creams that recipients said they never requested or wanted.

July 13, 2017; U.S. Attorney; Northern District of California 

Charges Filed Against Northern California Physician For Unlawfully Dispensing Oxycodone
SAN FRANCISCO – Christopher Owens, a physician licensed to practice in California, was indicted on Tuesday with unlawfully prescribing oxycodone, announced U.S. Attorney Brian J. Stretch and Drug Enforcement Administration Special Agent in Charge John J. Martin. The indictment alleges that between September of 2012 and June of 2015, Owens, 50, now of Indianapolis, IN, intended to act outside the course of usual professional practice and without a legitimate medical purpose when he prescribed oxycodone on numerous occasions. In sum, Owens is charged with 36 counts of distributing oxycodone, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).

July 13, 2017; U.S. Department of Justice

Miami-Based Physician Pleads Guilty for Role in Pain Pill Diversion and Medicare Fraud Scheme
A licensed physician in Miami pleaded guilty in federal court yesterday for his role in a multi-faceted $4.8 million health care fraud scheme that ran from April 2011 to February 2017, involving the submission of false and fraudulent claims to Medicare and the illegal prescribing of Schedule II (e.g., oxycodone and hydrocodone) and Schedule IV (e.g., alprazolam) controlled substances.

July 12, 2017; U.S. Attorney; Southern District of Texas

Two Men Indicted in Medicare Fraud Scheme in Rio Grande Valley
McALLEN, Texas – A former laboratory technician at a medical clinic in Mission and an account representative for a toxicology testing company have been indicted in connection with a scheme to defraud Medicare, announced Acting U.S. Attorney Abe Martinez.

July 11, 2017; U.S. Attorney; Northern District of Texas

Woman Indicted for Running Health Care Fraud Scheme from Prison
DALLAS – Alexis C. Norman, 46, of Midlothian, Texas has been indicted on felony offenses stemming from a health care fraud conspiracy she ran from prison that involved the submission of more than $810,000 in false claims to Medicaid, announced U.S. Attorney John Parker of the Northern District of Texas.

July 11, 2017; U.S. Attorney; District of Connecticut

Drug Company Sales Rep Admits Role in Kickback Scheme Related to Fentanyl Spray Prescriptions
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that NATALIE LEVINE, 33, of Scottsdale, Arizona, waived her right to be indicted and pleaded guilty today before U.S. District Judge Michael P. Shea in Hartford to one count of engaging in a kickback scheme that defrauded federal healthcare programs.

July 10, 2017; U.S. Attorney; Southern District of New York

Brooklyn Pharmacy Owner/Operator Charged With Defrauding Medicare And Medicaid Programs Of Approximately $9 Million
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the New York Office of the Federal Bureau of Investigation (“FBI”), Scott J. Lampert, Special Agent in Charge of the New York Regional Office for the Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), and Dennis Rosen, Inspector General of the New York State Office of the Medicaid Inspector General (“OMIG”), announced today the unsealing of a criminal Complaint charging defendant SUNITA KUMAR with operating a health care fraud scheme utilizing two pharmacies in Brooklyn, New York, through which KUMAR submitted approximately $9 million in fraudulent claims to Medicaid and Medicare. KUMAR was arrested this morning and was presented in Manhattan federal court today before U.S. Magistrate Judge Andrew J. Peck.

July 7, 2017; U.S. Attorney; Eastern District of California

Wal-Mart Pays $1.65M to Settle False Claims Act Allegations of Improper Medi Cal Billings
SACRAMENTO, Calif. – Wal-Mart Stores Inc. has paid $1.65 million to resolve allegations that it violated the federal False Claims Act when it knowingly submitted claims for reimbursement to California’s Medi Cal program that were not supported by applicable diagnosis and documentation requirements, U.S. Attorney Phillip A. Talbert announced today.

July 6, 2017; U.S. Attorney; Northern District of Georgia

Hospice to pay $2.4 Million to resolve False Claims Act Allegations
ATLANTA – Compassionate Care Hospice Group, Inc., (“CCH Group”) has agreed to pay $2.4 million to resolve allegations that CCH Group and its subsidiary Compassionate Care Hospice of Atlanta, LLC, (“CCH Atlanta”) submitted or caused the submission of false claims to Medicare and Medicaid by engaging in improper financial relationships with contracted physicians. CCH Group is a Florida corporation with its principal place of business in Parsippany, New Jersey, and subsidiaries and affiliates in numerous states.

July 6, 2017; U.S. Attorney; District of New Jersey

Hospice Company To Pay $2 Million To Resolve Alleged False Claims Related To Unnecessary Hospice Care
NEWARK, N.J. – A hospice company in Bensalem, Pennsylvania, has agreed to pay to the United States $2 million to resolve allegations that it provided unnecessary hospice services, Acting U.S. Attorney William E. Fitzpatrick announced today.

July 6, 2017; U.S. Attorney; Eastern District of Pennsylvania

Defunct Philly Hospice’s Owners/Operators to Pay Millions to Settle Civil False Claims Suit
PHILADELPHIA – Acting United States Attorney Louis D. Lappen announced today that Matthew Kolodesh, Alex Pugman, Svetlana Ganetsky, and Malvina Yakobashvili have agreed to pay millions of dollars to settle False Claims Act allegations that they and their now-defunct company, Home Care Hospice, Inc. (HCH), falsely claimed and received taxpayer dollars for hospice services that were either unnecessary or never provided. Previously, a federal jury found Kolodesh guilty on, and Pugman and Ganetsky pleaded guilty to, related criminal charges.

July 5, 2017; U.S. Attorney; Eastern District of Missouri

U.S. Reaches $8.3 Million Civil Settlement with Reliant Care Group and Reliant Affiliated Entities
St. Louis, Missouri: The United States Attorney’s Office for the Eastern District of Missouri announced today that the United States, Reliant Care Group, Reliant Care Management Company, Reliant Care Rehabilitative Services, and a number of Reliant affiliated skilled nursing facilities (Reliant) reached a civil settlement that will resolve the United States’ claims against Reliant under the False Claims Act for knowingly submitting false claims to Medicare for providing unnecessary physical, speech, and occupational therapy to nursing home residents.

Of course, Chicago only had one indictment, but it was the wort one ever:

July 13, 2017; U.S. Attorney; Northern District of Illinois National Healthcare Fraud Takedown Results in Charges Against More Than 400 Individuals, Including Several Chicago-Area Medical Professionals
CHICAGO – Several Chicago-area medical professionals, including two licensed physicians, are facing federal criminal charges as part of the largest health care fraud enforcement action in Department of Justice history, federal authorities announced today.

https://www.justice.gov/opa/pr/national-health-care-fraud-takedown-results-charges-against-over-412-individuals-responsible

Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Tom Price, M.D., announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts, including 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $1.3 billion in false billings. Of those charged, over 120 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS has initiated suspension actions against 295 providers, including doctors, nurses and pharmacists.

Attorney General Sessions and Secretary Price were joined in the announcement by Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting Director Andrew McCabe of the FBI, Acting Administrator Chuck Rosenberg of the Drug Enforcement Administration (DEA), Inspector General Daniel Levinson of the HHS Office of Inspector General (OIG), Chief Don Fort of IRS Criminal Investigation, Administrator Seema Verma of the Centers for Medicare and Medicaid Services (CMS), and Deputy Director Kelly P. Mayo of the Defense Criminal Investigative Service (DCIS).

Today’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG.  In addition, the operation includes the participation of the DEA, DCIS, and State Medicaid Fraud Control Units.

The charges announced today aggressively target schemes billing Medicare, Medicaid, and TRICARE (a health insurance program for members and veterans of the armed forces and their families) for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries. The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 91 Americans die every day of an opioid related overdose.   

“Too many trusted medical professionals like doctors, nurses, and pharmacists have chosen to violate their oaths and put greed ahead of their patients,” said Attorney General Sessions. “Amazingly, some have made their practices into multimillion dollar criminal enterprises. They seem oblivious to the disastrous consequences of their greed. Their actions not only enrich themselves often at the expense of taxpayers but also feed addictions and cause addictions to start. The consequences are real: emergency rooms, jail cells, futures lost, and graveyards.  While today is a historic day, the Department’s work is not finished. In fact, it is just beginning. We will continue to find, arrest, prosecute, convict, and incarcerate fraudsters and drug dealers wherever they are.”

“Healthcare fraud is not only a criminal act that costs billions of taxpayer dollars – it is an affront to all Americans who rely on our national healthcare programs for access to critical healthcare services and a violation of trust,” said Secretary Price. “The United States is home to the world’s best medical professionals, but their ability to provide affordable, high-quality care to their patients is jeopardized every time a criminal commits healthcare fraud. That is why this Administration is committed to bringing these criminals to justice, as President Trump demonstrated in his 2017 budget request calling for a new $70 million investment in the Health Care Fraud and Abuse Control Program. The historic results of this year’s national takedown represent significant progress toward protecting the integrity and sustainability of Medicare and Medicaid, which we will continue to build upon in the years to come.”

According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare, Medicaid and TRICARE for treatments that were medically unnecessary and often never provided. In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare for services that were medically unnecessary or never performed. The number of medical professionals charged is particularly significant, because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims.  Aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.

“This week, thanks to the work of dedicated investigators and analysts, we arrested once-trusted doctors, pharmacists and other medical professionals who were corrupted by greed,” said Acting Director McCabe. “The FBI is committed to working with our partners on the front lines of the fight against heath care fraud to stop those who steal from the government and deceive the American public.”

“Health care fraud is a reprehensible crime.  It not only represents a theft from taxpayers who fund these vital programs, but impacts the millions of Americans who rely on Medicare and Medicaid,” said Inspector General Levinson. “In the worst fraud cases, greed overpowers care, putting patients’ health at risk. OIG will continue to play a vital leadership role in the Medicare Fraud Strike Force to track down those who abuse important federal health care programs.”

“Our enforcement actions underscore the commitment of the Defense Criminal Investigative Service and our partners to vigorously investigate fraud perpetrated against the DoD’s TRICARE Program. We will continue to relentlessly investigate health care fraud, ensure the taxpayers’ health care dollars are properly spent, and endeavor to guarantee our service members, military retirees, and their dependents receive the high standard of care they deserve,” advised Deputy Director Mayo.

“Last year, an estimated 59,000 Americans died from a drug overdose, many linked to the misuse of prescription drugs. This is, quite simply, an epidemic,” said Acting Administrator Rosenberg. “There is a great responsibility that goes along with handling controlled prescription drugs, and DEA and its partners remain absolutely committed to fighting the opioid epidemic using all the tools at our disposal.”

“Every defendant in today’s announcement shares one common trait – greed,” said Chief Fort. “The desire for money and material items drove these individuals to perpetrate crimes against our healthcare system and prey upon many of the vulnerable in our society.  Thanks to the financial expertise and diligence of IRS-CI special agents, who worked side-by-side with other federal, state and local law enforcement officers to uncover these schemes, these criminals are off the street and will now face the consequences of their actions.”

The Medicare Fraud Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.

*********

For the Strike Force locations, in the Southern District of Florida, a total of 77 defendants were charged with offenses relating to their participation in various fraud schemes involving over $141 million in false billings for services including home health care, mental health services and pharmacy fraud.  In one case, the owner and operator of a purported addiction treatment center and home for recovering addicts and one other individual were charged in a scheme involving the submission of over $58 million in fraudulent medical insurance claims for purported drug treatment services. The allegations include actively recruiting addicted patients to move to South Florida so that the co-conspirators could bill insurance companies for fraudulent treatment and testing, in return for which, the co-conspirators offered kickbacks to patients in the form of gift cards, free airline travel, trips to casinos and strip clubs, and drugs.

In the Eastern District of Michigan, 32 defendants face charges for their alleged roles in fraud, kickback, money laundering and drug diversion schemes involving approximately $218 million in false claims for services that were medically unnecessary or never rendered. In one case, nine defendants, including six physicians, were charged with prescribing medically unnecessary controlled substances, some of which were sold on the street, and billing Medicare for $164 million in facet joint injections, drug testing, and other procedures that were medically unnecessary and/or not provided.

In the Southern District of Texas, 26 individuals were charged in cases involving over $66 million in alleged fraud. Among these defendants are a physician and a clinic owner who were indicted on one count of conspiracy to distribute and dispense controlled substances and three substantive counts of distribution of controlled substances in connection with a purported pain management clinic that is alleged to have been the highest prescribing hydrocodone clinic in Houston, where approximately 60-70 people were seen daily, and were issued medically unnecessary prescriptions for hydrocodone in exchange for approximately $300 cash per visit.

In the Central District of California, 17 defendants were charged for their roles in schemes to defraud Medicare out of approximately $147 million. Two of these defendants were indicted for their alleged involvement in a $41.5 million scheme to defraud Medicare and a private insurer. This was purportedly done by submitting fraudulent claims, and receiving payments for, prescription drugs that were not filled by the pharmacy nor given to patients.

In the Northern District of Illinois, 15 individuals were charged in cases related to six different schemes concerning home health care services and physical therapy fraud, kickbacks, and mail and wire fraud.  These schemes involved allegedly over $12.7 million in fraudulent billing. One case allegedly involved $7 million in fraudulent billing to Medicare for home health services that were not necessary nor rendered.

In the Middle District of Florida, 10 individuals were charged with participating in a variety of schemes involving almost $14 million in fraudulent billing.  In one case, three defendants were charged in a $4 million scheme to defraud the TRICARE program.  In that case, it is alleged that a defendant falsely represented himself to be a retired Lieutenant Commander of the United States Navy Submarine Service. It is alleged that he did so in order to gain the trust and personal identifying information from TRICARE beneficiaries, many of whom were members and veterans of the armed forces, for use in the scheme.

In the Eastern District of New York, ten individuals were charged with participating in a variety of schemes including kickbacks, services not rendered, and money laundering involving over $151 million in fraudulent billings to Medicare and Medicaid. Approximately $100 million of those fraudulent billings were allegedly part of a scheme in which five health care professionals paid illegal kickbacks in exchange for patient referrals to their own clinics.

In the Southern Louisiana Strike Force, operating in the Middle and Eastern Districts of Louisiana as well as the Southern District of Mississippi, seven defendants were charged in connection with health care fraud, wire fraud, and kickback schemes involving more than $207 million in fraudulent billing. One case involved a pharmacist who was charged with submitting and causing the submission of $192 million in false and fraudulent claims to TRICARE and other health care benefit programs for dispensing compounded medications that were not medically necessary and often based on prescriptions induced by illegal kickback payments.

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In addition to the Strike Force locations, today’s enforcement actions include cases and investigations brought by an additional 31 U.S. Attorney’s Offices, including the execution of search warrants in investigations conducted by the Eastern District of California and the Northern District of Ohio.

In the Northern and Southern Districts of Alabama, three defendants were charged for their roles in two health care fraud schemes involving pharmacy fraud and drug diversion.

In the Eastern District of Arkansas, 24 defendants were charged for their roles in three drug diversion schemes that were all investigated by the DEA.

In the Northern and Southern Districts of California, four defendants, including a physician, were charged for their roles in a drug diversion scheme and a health care fraud scheme involving kickbacks.

In the District of Connecticut, three defendants were charged in two health care fraud schemes, including a scheme involving two physicians who fraudulently billed Medicaid for services that were not rendered and for the provision of oxycodone with knowledge that the prescriptions were not medically necessary.

In the Northern and Southern Districts of Georgia, three defendants were charged in two health care fraud schemes involving nearly $1.5 million in fraudulent billing.

In the Southern District of Illinois, five defendants were charged in five separate schemes to defraud the Medicaid program.

In the Northern and Southern Districts of Indiana, at least five defendants were charged in various health care fraud schemes related to the unlawful distribution and dispensing of controlled substances, kickbacks, and services not rendered.

In the Southern District of Iowa, five defendants were charged in two schemes involving the distribution of opioids.

In the Western District of Kentucky, 11 defendants were charged with defrauding the Medicaid program.  In one case, four defendants, including three medical professionals, were charged with distributing controlled substances and fraudulently billing the Medicaid program.

In the District of Maine, an office manager was charged with embezzling funds from a medical office.

In the Eastern and Western Districts of Missouri, 16 defendants were charged in schemes involving over $16 million in claims, including 10 defendants charged as part of a scheme involving fraudulent lab testing.

In the District of Nebraska, a dentist was charged with defrauding the Medicaid program.

In the District of Nevada, two defendants, including a physician, were charged in a scheme involving false hospice claims.

In the Northern, Southern, and Western Districts of New York, five defendants, including two physicians and two pharmacists, were charged in schemes involving drug diversion and pharmacy fraud.

In the Southern District of Ohio, five defendants, including four physicians, were charged in connection with schemes involving $12 million in claims to the Medicaid program.

In the District of Puerto Rico, 13 defendants, including three physicians and two pharmacists, were charged in four schemes involving drug diversion, Medicaid fraud, and the theft of funds from a health care program.

In the Eastern District of Tennessee, three defendants were charged in a scheme involving fraudulent billings and the distribution of opioids.

In the Eastern, Northern, and Western Districts of Texas, nine defendants were charged in schemes involving over $42 million in fraudulent billing, including a scheme involving false claims for compounded medications.

In the District of Utah, a nurse practitioner was charged in connection with fraudulently obtaining a controlled substance, tampering with a consumer product, and infecting over seven individuals with Hepatitis C.

In the Eastern District of Virginia, a defendant was charged in connection with a scheme involving identify theft and fraudulent billings to the Medicaid program.

In addition, in the states of Arizona, Arkansas, California, Delaware, Illinois, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, New York, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Vermont, Washington and Wisconsin, 96 defendants have been charged in criminal and civil actions with defrauding the Medicaid program out of over $31 million. These cases were investigated by each state’s respective Medicaid Fraud Control Units. In addition, the Medicaid Fraud Control Units of the states of Alabama, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri, Nebraska, New York, North Carolina, Ohio, Texas, and Utah participated in the investigation of many of the federal cases discussed above.

The cases announced today are being prosecuted and investigated by U.S. Attorney’s Offices nationwide, along with Medicare Fraud Strike Force teams from the Criminal Division’s Fraud Section and from the U.S. Attorney’s Offices of the Southern District of Florida, Eastern District of Michigan, Eastern District of New York, Southern District of Texas, Central District of California, Eastern District of Louisiana, Northern District of Texas, Northern District of Illinois and the Middle District of Florida; and agents from the FBI, HHS-OIG, Drug Enforcement Administration, DCIS and state Medicaid Fraud Control Units.

A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent unless and until proven guilty.

Additional documents related to this announcement will shortly be available here: https://www.justice.gov/opa/documents-and-resources-july-13-2017.

This operation also highlights the great work being done by the Department of Justice’s Civil Division.  In the past fiscal year, the Department of Justice, including the Civil Division, has collectively won or negotiated over $2.5 billion in judgments and settlements related to matters alleging health care fraud.

From Joanne:

Walk into any nursing home and you will see patients in wheelchairs drugged and falling over in wheelchairs, never to see the light of day again.  90% of them (or more) just want to go home or live with their friends and relatives but the courts say no.  That, my friend, is the worst fraud on the public.  People that want to go home, are chained to wheel chairs and beds with illegal chemical restraints, and then drugged to death.  Opiods and other dangerous drugs are prescribed wildly by drive thru doctors in large quantities easy for others to swipe and for massive fraud to occur.

While other countries put their aged and disableds in small communities with home health care and prescribe vitamins, diet, yoga and light exercise (which are known to work), we drug ’em and put them in facilities where no one wants to be and they amount to nothing but slums and ghettos for the aged and disabled.

And if anyone, I mean anyone dares to complain publicly about this system and the court system that supports it, you WILL be called a liar, your blog will be called lies by the ARDC and “like crying fire in a crowded theater” and you will receive hefty discipline and lose your license  Not just attorneys like myself and Ken Ditkowsky, but nurses have complained to me about being blackballed for reporting elder/disabled abuse, and even social workers in hospital settings.

The greed and corruption of our health care system is out of control.

Prayers for those who have been murdered in probate abusive guardianships and their families:  Mary Sykes, Lydia Tyler, Rose Drabik, Helen Rector, Allen Frake,  Jay Brouckmeersch, Mary Jane Teichert, and those at risk:  Iwanna Lahoody and Amelia Sallas.

From Ken Ditkowsky:

Massive NM Indictments

 THIS IS WHY WE MUST CONTINNUE TO FIGHT

FOR IMMEDIATE RELEASE

JULY 19, 2017

GUARDIANSHIP FIRM AND ITS PRINCIPALS CHARGED WITH FEDERAL

CONSPIRACY, FRAUD, THEFT AND MONEY LAUNDERING OFFENSES

 

Twenty-Eight Count Indictment Alleges that Co-Founders of Ayudando Guardians,

Inc., Embezzled Millions from Client Accounts to Support Lavish Lifestyles

 

U.S. Marshals Service Assumes Control of Ayudando Guardians, Inc.,

to Ensure Continuity of Services for Special Needs Clients  

 

ALBUQUERQUE – Federal law enforcement officials today announced the filing of conspiracy, fraud, theft and money laundering charges against Ayudando Alpha, Inc., d/b/a “Ayudando Guardians, Inc.” (Ayudando), and its co-founders, Susan Harris, 70, and Sharon Moore, 62, both residents of Albuquerque, N.M.  The charges, which are contained in a 28-count indictment, arise out of an alleged decade-long sophisticated scheme to embezzle funds from client trust accounts managed by Ayudando, a non-profit corporation that provides guardianship, conservatorship and financial management services to hundreds of individuals with special needs.

 

According to the indictment, Ayudando – which means “helping” in Spanish – receives government benefit payments from the U.S. Department of Veterans Affairs (VA) and U.S. Social Security Administration (SSA) on behalf of many of its clients, and acts as a fiduciary or representative payee for these clients by paying their expenses and maintaining the balances for the benefit of the clients.  The indictment alleges that Harris and Moore, the primary owners and operators of Ayudando, have embezzled millions of dollars from their special needs clients to support lavish lifestyles for themselves and their families.

 

The charges against Ayudando, Harris and Moore are the result of an ongoing multi-agency investigation by the FBI, IRS Criminal Investigation, U.S. Marshals Service (USMS), VA Office of Inspector General and SSA Office of Inspector General.  This morning federal law enforcement agents arrested Harris and Moore.  Harris and Moore made their initial appearances in federal court in Albuquerque this morning.  They are scheduled to return to court at 9:30 a.m. tomorrow, July 20, 2017, to be arraigned on the indictment and for detention hearings.

Federal authorities also enforced a federal court order that authorized the USMS’s Complex Assets Unit to assume control of Ayudando’s business operations.  The court order appoints the USMS as the Receiver and Monitor of Ayudando, including all its financial accounts.  The order authorizes the USMS to operate the business to ensure that its assets are not improperly spent or removed, and that the interests of Ayudando clients are protected as the prosecution of the criminal case goes forward.  The USMS’s operation of Ayudando will ensure continuity of services for Ayudando clients.

 

The charges against Ayudando, Harris and Moore were announced by Acting U.S. Attorney James D. Tierney, U.S. Marshal Conrad E. Candelaria, Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI, Special Agent in Charge Ismael Nevarez Jr., of the Phoenix Field Office of IRS Criminal Investigation, Special Agent in Charge Carl D. Scott of the Criminal Investigations Division of the VA’s Office of Inspector General, and Special Agent in Charge Robert Feldt of the Dallas Field Division of the SSA’s Office of the Inspector General.

 

In making the announcement, Acting U.S. Attorney James D. Tierney said, “This case is all about the victims.  The victims in this case relied upon Ayudando to manage their finances and meet their needs.  If the allegations in the indictment are true, the principals of Ayudando cruelly violated the trust of their clients and looted their benefits.  Federal law enforcement has now stepped in to ensure that the looting stops.  The U.S. Attorney’s Office and its partners will conduct this prosecution in a manner that provides for the continued receipt of benefits by Ayudando’s clients, while holding the principals of the company accountable for their conduct.”

 

“This morning the U.S. Marshals Service assumed control of Ayudando’s business operations to ensure that the victims of the crimes charged in the indictment, which include our disabled veterans, and other Ayudando clients will continue to receive the services they deserve and are entitled to,” said U.S. Marshal Conrad E. Candelaria.  “The U.S. Marshals Service also will continue to assist its law enforcement partners in the continuing investigation.”

 

“Many of our most vulnerable Americans, such as those with special needs, trust fiduciaries to handle their government benefits for them.  Unfortunately, there are plenty of criminals willing to steal what could be a person’s only source of income, using the money to support a lavish lifestyle,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division.  “The FBI, working with our law enforcement and government partners, is committed to bringing to justice those individuals whose greed destroys the lives and dreams of innocent people.”

 

“The indictment alleges that, instead of helping people with special needs, the defendants were greedy and helped themselves to their clients’ money,” said Special Agent in Charge Ismael Nevarez Jr., of the Phoenix Field Office of IRS Criminal Investigation. “IRS Criminal Investigation will always investigate individuals who misuse non-profit businesses and cause harm to those whose needs are supposed to be served by those businesses.”

 

“Professional fiduciaries who defraud vulnerable veterans are reprehensible,” said Special Agent in Charge Carl D. Scott of the Criminal Investigations Division of the VA Office of Inspector General.  “The VA OIG will continue to work with other law enforcement agencies to expose those who harm veterans or exploit VA benefits systems and bring them to justice.”

 

“The SSA OIG is committed to investigating cases of suspected representative payee fraud, which can involve the theft of government funds and harm some of our most vulnerable citizens,” said Special Agent in Charge Robert Feldt of the Dallas Field Division of the SSA Office of the Inspector General.  “We will continue to work with our law enforcement partners and the U.S. Attorney’s Office on this case.”

 

The 28-count indictment, which was filed under seal on July 11, 2017 and was unsealed and publicly posted earlier today, includes two conspiracy counts, ten counts of mail fraud, nine counts of aggravated identify theft and six counts of money laundering.  According to the indictment, from Nov. 2006, when Harris and Moore founded Ayudando, and continuing until July 2017, Ayudando, Harris and Moore embezzled millions of dollars from Ayudando client accounts to cover their personal expenses and support lavish lifestyles for themselves and their families.  The indictment alleges that Harris and Moore perpetuated the embezzlement scheme by:

 

·         Establishing Ayudando as a non-profit corporation in Nov. 2006, to position it as a guardian, conservator, fiduciary and representative payee for individuals needing assistance with their financial affairs;

·         Setting up client trust and company bank accounts which only they controlled;

·         Transferring funds from client accounts to Ayudando company accounts;

·         Using client funds to pay off more than $4 million in charges on a company credit card account used by Harris, Moore and their families for personal purposes;

·         Writing checks from Ayudando company accounts to themselves, cash and to cover personal expenses;

·         Replenishing depleted client accounts with funds taken from other clients;

·         Mailing fraudulent statements and certifications to the VA; and

·         Forging and submitting forged bank statements to the VA.

 

The indictment identifies some of the ways in which Harris and Moore used the money they allegedly stole from Ayudando clients.  For example, the indictment alleges that between June 2011 and March 2014, Harris wrote 12 checks in the total amount of $457,883 on the Ayudando client reimbursement account for personal purpose, including a $50,950 check made out to Mercedes Benz of Albuquerque and a $26,444 check made out to Myers RV Center.  It also alleges that between Jan. 2013 and Feb. 2017, Harris used an Ayudando company credit card to pay $140,790 to cover luxury vacations for herself and others, including cruises in the Caribbean isles and a “Final Four” basketball junket, while knowing that Moore would pay off the charges using client funds.

The mail fraud charges in the indictment describe some of the fraudulent documents allegedly mailed by Ayudando, Harris and Moore to the VA to perpetuate and conceal their embezzlement scheme.  For example, between Jan. 2016 and Nov. 2016, Moore allegedly mailed fraudulent documents to the VA that falsely represented the balances in ten client accounts.  According to the indictment, the documents falsely claimed that the ten client accounts had an aggregate balance of $1,906,908, when the actual value of the ten accounts was only $72,281.  The ten client accounts identified in the indictment are examples of the fraud allegedly perpetrated by the defendants as part of their embezzlement scheme.

 

According to the indictment, Ayudando, Harris and Moore also engaged in aggravated identify theft by using their clients’ names, dates of birth, Social Security Numbers and VA file numbers to commit mail fraud offenses.  Harris and Moore also allegedly committed money-laundering offenses by using $392,623 from the Ayudando client reimbursement account to pay off balances on a company credit card used by the defendants and their families for personal purposes.  The indictment includes forfeiture provisions that seek forfeiture to the United States of any proceeds and property involved in, or derived from, the defendants’ unlawful conduct.

 

If the defendants are convicted on the crimes charged in the indictment, they face the following maximum statutory penalties:

 

·         Count 1, conspiracy – 30 years of imprisonment and a $250,000 fine;

·         Counts 2-11, mail fraud – 30 years of imprisonment and a $250,000 fine;

·         Counts 12-21, aggravated identity theft – a mandatory two-years of imprisonment that must be served consecutive to any other sentence imposed on other counts and a $250,000 fine;

·         Counts 22-27, money laundering – ten years of imprisonment and a $250,000 fine  or twice the amount of the property involved in the crime; and

·         Count 28, conspiracy to commit money laundering – ten years of imprisonment and a $250,000 fine or twice the amount of the property involved in the crime.

 

The Albuquerque offices of the FBI and IRS Criminal Investigation conducted the investigation, which resulted in the charges in the indictment, and are leading the continuing investigation.  The Complex Assets Unit and the Albuquerque office of the USMS, the Criminal Investigations Division of the VA Office of Inspector General, and the Dallas Field Division of the SSA Office of Inspector General are assisting in the investigation.  Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.

Ayudando clients or family members of Ayudando clients who need to speak with someone about their accounts or expenses should call Ayudando, which is now being operated by the U.S. Marshals Service, at 505-332-4357.

 

Starting tomorrow, information about the federal investigation into Ayudando, including the indictment and the federal court order, will be available at www.justice.gov/usao-nm/ayudando-guardians.  Also starting tomorrow, Ayudando clients can direct their comments or concerns to the U.S. Attorney’s Office atUSANM.Ayudando@usdoj.gov or 505-346-6902.

 

Charges in indictment are merely allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law

Americans Against Abusive Probate Guardianship Phone: 855 913 5337 Fax: 954 613 5668 Email: drsam@aaapg.net www.aaapg.net

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http://www.chicagoappleseed.org/chief-judge-order-on-monetary-bond/

In an amazing moment, our court system decided to follow the US and Illinois contitution.  Now bail bonds will be what the person will be able to afford.

Read on.

Cook County Chief Judge Announces New Order Limiting Use of Monetary Bond

From Huffington Post–

KEVIN LAMARQUE/REUTERS

From Joanne;

You ask me, it’s a waste of tax payer money and everyone should be ashamed for arresting a 61 year old woman who merely laughed at the Capitol.

What has our country come to when this is why Russia and North Korea and sometimes China is not our friend, they have political systems that oppress and shut the people up.

If I were that judge, I would have tossed it right away.

I hope the arresting officer’s mother chews him out too for his behavior.

Far too often, I believe, people get away with bad behavior because their moms aren’t there reminding them “they weren’t raised that way.”

From: kenneth ditkowsky [mailto:kenditkowsky@yahoo.com]
Sent: Wednesday, July 12, 2017 11:43 AM
To: JoAnne M. Denison <joanne@justice4every1.com>; Andy Ostrowski <ajo@bsolaw.com>; Robert Grundstein <rgrunds@pshift.com>; Mr. Lanre Amu — Honest Atty Unfairly Persecuted By ARDC <loamu@aol.com>; Probate Sharks <verenusl@gmail.com>; Nasga Us <nasga.org@gmail.com>; Cook County States Attorney <statesattorney@cookcountyil.gov>; acluofillinois@aclu-il.org; aclu@aclu.org; Lisa Madigan Ill Atty Gen Office <aag_consumer@atg.state.il.us>; Illinois ARDC <illinois.ardc@gmail.com>; wsj.lts@wsj.com; wsjcontact@dowjones.com
Subject: First Amendment – applies to lawyers

The arbitrary prohibition by State disciplinary commissions and by Courts of lawyer FIRST AMENDMENT RIGHTS and the total failure of certain members of the Judicial elite to comply with Rule of Law is reprehensible and ethically suspect.    I would go so far as to say it in not only contempt of the SCOTUS but so serious a violation of legal ethics as to warrant disbarment of the offending members of the corrupt judicial elite.     NB.  In the case of Jerome Larkin and his aid and covert activity in assisting the defrauding of the United States of America 18 USCA 371 applies and in my opinion his alleged breach of the public trust is a felony.

In light of the travesties that we have observed in recent weeks in direct violation of the FIRST AMENDMENT it is heartening to note that an Ohio Court actually recognized the SCOTUS decisions, to wit:

FIRST AMENDMENT

here is the decision by the Ohio Supreme Court:

Click to access 2017-Ohio-4176.pdf

Appeals court lifts $11K sanction against lawyer for telling reporter about upcoming trial

POSTED JUL 11, 2017 01:25 PM CDT

BY DEBRA CASSENS WEISS

inShare3

An Ohio appeals court has overturned a sanction of nearly $11,000 imposed against a Cleveland lawyer who alerted a reporter about an upcoming trial.

The trial judge who sanctioned lawyer Peter Pattakos said the disclosure was intended to discredit a nanny school sued by his client and created a risk of prejudicing the jury. But the Ohio 8th District Court of Appeals reversed, finding that the lawyer’s communication was protected by the First Amendment, Forbes reports in a recent article on the court’s June 8 decision (PDF). Cleveland.com wrote about the decision last month.

Pattakos provided a Cleveland Scene reporter with public information about the case and told him about the scheduling of the trial, the court said. Civil liberties and media groups filed amicus briefs in the case that supported Pattakos.

The judge who sanctioned Pattakos had said the lawyer’s actions constituted “frivolous conduct” under a professional conduct rule that allows parties harmed by such conduct to seek attorney fees. The law defines frivolous conduct as action that serves to harass or maliciously injure another party to a civil action or is for another improper purpose.

The trial judge said that, in seeking news coverage, Pattakos’ intent was to injure the defendants outside of the litigation process.

The appeals court said the rule usually is invoked in cases involving pleadings or discovery. “It should not be held that merely urging a media outlet to cover a trial constitutes frivolous conduct,” the court said.

Pattakos represented a nanny who claimed a nanny school blackballed her for reporting sexual abuse by a client, and also represented a school employee who claimed she was fired because she refused to help discredit the nanny.

Pattakos’ clients were awarded $390,000 in the case. The appeals court ordered the trial judge to reconsider a decision to to reduce the award.

The case is Cruz v. English Nanny & Governess School.

Ken Ditkowsky

www.ditkowskylawoffice.com