MaryGSykes.com

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

MaryGSykes.com

Christmas and Holiday Blessings for those that are court ordered away from loved ones–in probate and in family court

A major reason I was suspended from law is because this blog writes the truth.  I have seen far tooo many people ripped from their loved one because of a psychopathic guardian or ex partner.  Gloria Sykes saw her mother a handful of times during a 5 year abusive guardianship. The GALs continue to deny their highly abusive behavior to this day and have never apologized to Gloria, nor has the Guardian, her sister. That is horrid.

Randy Robinson, due to the nefarious activities of GAL Mary Robinson is highly unlikely to see his mother, though they both love one another greatly, they are isolated from one another unfairly and without remorse from either Mary Robinson or the court.

Alan Frake has been separated from his father by the court appointed lawyers and GAL and the court. Again, no remorse, and worse yet, Alan Frake has been the subject of illegal and tortuous psychotropic drugging and neither the GAL nor the court appointed attorneys seem to care.  My view of the bench is that it was a love fest between the judge and the attorneys and the judge routinely used a rubber stamp to deny this family their civil and human rights.

Barbara Stone also comes to mind with the huge separation between her and her beloved mother. When she protested, corrupt Judge Michael Genden put an ankle bracelet or two on her legs.  Nonetheless, she continued to fight for her mom’s rights, despite all odds, until they threatened to kill off her mother if she persisted.  I do not want to be in that courtroom the day her mother passes, but I can tell you that Barbara Stone is a veracious fighter for human and civil rights and there will be a flurry of pleadings from her.

I know others have written me crying about abusive Guardians, separating parent from child, abusing the parent in a probate proceeding or guardianship, and other parents have called me crying they cannot see a beloved child because of falsified Protective Orders from a psychopathic parent. When will the courts start testing for psychopathy of our politicians, and political appointees and their minions (Larkin, Opryszek, Smart), and the GALs that abuse and destroy lives, and the judges.  How hard is a PET brain scan for psychopathy.  The ARDC and bar licensing authorities pretend they have rigorous screening, but this test is not even mentioned before any professional gets a license and all should be tested–politicians, judges, lawyers, nurses, teachers, police–all control the lives of others and psychopaths are drawn to wealth, power and control.

The difference between an MRI and a PET scan is that markers are used to see how the brain processes glucose–the food of the brain.  In normal people, they use all parts of the brain for love, kindness, tenderness, sympathy, empathy, guilt and remorse.  In a psychopathic brain scan, no nutrients are delivered to these areas because they are not used.  A psychopath typically has a flat affect and little emotion.  However, they do feel slight better when they see war, torture, humiliation, violence, deviant sex, bullying and nastiness.

Why aren’t we demanding routine tests for this and getting the psychopaths out of positions of power and control?

But I want everyone to know I wish you all a Merry Christmas and I continue to pray for and help all court corruption victims.  I see the files unconstitutionally sealed, the changed transcripts, the changed docket sheets, the file tampering, and worst of the lot is the fact that your average lawyer will not speak out and help people for low cost or free people that experience corruption in the court.

I believe we all have a duty to speak out.  I took my bar oath of office seriously.  I don’t think I am a saint, a hero or anything special.  I just think I am doing my job the way it ought to be done.  Now where are the rest of Illinois’ 83,000 lawyers speaking out on these topics?  Where are there blogs.  I see court corruption victims going to lawyer after lawyer after lawyer and no one tells them about corruption. I don’t believe there is a single CLE class anywhere on corruption in the court system, although it’s a major factor in the public distrust of judges, lawyers and the legal system.

Greylord is not dead.  It never went away. It continues to fester.

We need better lawyers and judges.  We have reached a crisis in the court system.  No one is fooled any longer.

We need more blogs and books. You want to start a court corruption blog or court victim blog, I’d be glad to help you. You want me to help you with a book on corruption in the courts, just ask.

I wish everyone a Merry Christmas even though you can’t see your loved ones this holiday season due to corruption in the courts.

I pray the elderly and disabled are not tortured with illegal drugging with psychotropic drugs which have no place in nursing homes or group homes.

I am here for you all.

JoAnne

From Ken Ditkowsky and the GA Supreme Court–Lawyer’s wife steals $2 million and Court recommends reprimand

But if I publish this article on my blog, according to Mr. Larkin, head Administrator of the Illinois. Atty. Registration Commission, that deserves a 3 year suspension for me and a 4 year suspension for Ken Ditkowsky:

http://nasga-stopguardianabuse.blogspot.com/2016/12/supreme-court-orders-public-reprimand.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+blogspot%2FURWOK+%28National+Association+to+Stop+Guardian+Abuse%29

Every single person I have talked to believes that this blog is protected by the First Amendment.  They are shocked to learn that when an attorney speaks out against corruption–a team of nasty lawyers–Larkin, Opryszek and Smart will hound you, harass you and then ask to have you disbarred.

I help people now spot and report corruption in their cases to the FBI and states attorney. They have mostly all been through the grist mill of Circuit Court in Cook County and will readily confirm that there are some very serious problems in the court system with judges issuing orders not in accordance with the law, and lying, sleazy lawyers who will say anything in court just to get a win.

I have had one probate attorney tell me “he always wins.”  I asked him if that was an admission of case fixing and never got a response.

So this article is for Mr. Larkin and his crew-Opryszek and Smart who say that my blog is like “yelling fire in a crowded theater” and my response is, yes, but it has to be filled with lying, crooked judges and attorneys and the police announce a raid on honesty.

Now for the article highlights:

The Supreme Court of Georgia issued the following disciplinary decision on December 15:

In the Supreme Court of Georgia
Decided: December 15, 2016
S16Y0825. IN THE MATTER OF MICHAEL ANTHONY EDDINGS.
PER CURIAM.

This disciplinary matter is before the Court on the Report and Recommendation of the Review Panel recommending that Michael Anthony Eddings (“Eddings”) (State Bar No. 238751) be disbarred for several violations of the Rules of Professional Conduct arising out of the theft of $2.3 million from his law firm’s trust account by his wife (now ex wife), Sonya Eddings (“Sonya”), while she was the law firm’s financial manager. Eddings, in response, contends that a public reprimand or suspension is more appropriate under the circumstances, as Eddings did not participate in the theft and was unaware of Sonya’s wrongful actions. After a review of the extensive record and detailed fact finding provided by the special master, Katherine L. McArthur, we reject the Review Panel’s recommendation that Eddings be disbarred, and we agree with Eddings that a public reprimand is the more appropriate level of discipline to impose in this case.

The special master and Review Panel contend that Eddings violated Rules

1.15 (I) (c) and 1.15 (II) (b) and Rule 5.3 (a) and (b) of the Georgia Rules of Professional Conduct found in Bar Rule 4 102 (d), based on the following facts: Eddings, who was admitted to the Georgia Bar in 2002 and initially worked for a plaintiffs’ personal injury firm, opened his own practice in 2003, the Law Office of Michael Eddings, PC (“the Firm”), concentrating in real estate law. Sonya served as the Firm’s financial manager. Sonya had a bachelor’s degree in accounting, a master’s degree in business administration, and substantial work experience in banking, including seven years with Columbus Bank & Trust/Synovus (“CB&T”), which was also the Firm’s financial institution.

In 2006, Eddings and Sonya established Eddings Holdings for the purchasing and holding of a franchise of The Coffee Beanery with two stores. Sonya handled all of the operations related to the franchise, and told Eddings, falsely, that the franchise was breaking even. However, in March 2007, without telling Eddings, Sonya began diverting money from the Firm’s IOLTA account to cover losses from the franchise. Between 2007 and October 2011, she stole over $2.3 million.

The record shows that Sonya used her inside knowledge of CB&T’s technology and technological vulnerabilities to accomplish the theft. Because she had been a top professional at CB&T, the bank did not question her as closely as others might have been questioned when questions arose about the Firm’s accounts. For example, just before Sonya’s scheme came to light, she admitted to a CB&T employee that she had created a fake wire confirmation to present to a client, but claimed she did so because she had not sent the wire transfer when she should have. The CB&T employee accepted this explanation and did not inform Eddings.

Although Eddings and Sonya had monthly financial meetings to review the Firm’s account reconciliations, Sonya presented bank statements that she had altered to remove any negative balance information. Additionally, over the course of Sonya’s criminal activities, CB&T, without notice to Eddings, ceased providing notifications of overdrafts and placed the Firm’s IOLTA account on automatic overdraft protection. As a result, CB&T provided notice to the State Bar on only a few of the multiple times the IOLTA account was overdrawn . On four occasions, Sonya also intercepted letters from the Bar’s Trust Account Overdraft Notification Coordinator regarding checks presented against insufficient funds in the Firm’s IOLTA account, and responded, to the Bar’s satisfaction, without Eddings’ knowledge or consent. When Eddings did receive information about minor irregularities during this time, Sonya was able to resolve or explain the issues to his satisfaction. And, when Eddings subsequently instituted new firm policies to address the issues, Sonya simply increased her level of deception to get around the new policies.

Finally, in October 2011, after a late payoff, the Firm’s title insurance company conducted an audit which showed that between October 2007 and October 2011, the Firm’s IOLTA account had a negative balance 50 times. Sonya then admitted her wrongdoing, and CB&T seized the Firm’s funds and closed the Firm’s accounts. The Firm’s insurance company provided coverage for most of the losses; however, the parties agree that $65,618.22 in losses to clients and mortgage holders remains uncompensated.

The special master also found that there was no evidence that the money that was diverted went anywhere except the account of Eddings Holdings to run or cover losses for the coffee shops, finding that there was no evidence that the diverted funds went to pay personal bills or expenses for Eddings or Sonya, that there was no evidence presented that Eddings’ lifestyle was one that could not have been maintained based on his own income, and that there was no evidence that Eddings was aware of the transfers from the Firm’s account to the Eddings Holdings account. The special master found by clear and convincing evidence that Eddings did not know of the diversion of funds from the trust account by Sonya between 2007 and 2011, and therefore, that he had not knowingly violated the Rules. Nevertheless, the special master concluded that Eddings’ failure to supervise Sonya and his failure to maintain his trust account constituted violations of Rules 1.15 (I) (c) and 1.15 (II) (b) and Rule 5.3 (a) and (b). For the reasons that follow, while we agree that Eddings violated Rules 1.15 (I) (c) and 1.15 (II) (b), we do not agree with the special master’s conclusion that Eddings violated Rule 5.3 (a) and (b).

In this regard, the facts here point to the conclusion that Eddings was the victim of an elaborate con perpetrated by his wife, Sonya–a con that even bank officials unwittingly helped Sonya commit and in one case even helped her cover up–and not the conclusion that it was unreasonable for Eddings not to have done anything more to have prevented Sonya from misappropriating the funds that she stole. Eddings reviewed bank statements from CB&T, but had no reason to believe that Sonya had altered them; received information from an audit in February 2010 that did not find any suspected embezzlement activity; was unaware of correspondence that Sonya had deliberately intercepted to ensure that her deceit would not be discovered; and, even when Eddings implemented new office procedures in November 2010 in an effort to prevent future account irregularities and make sure that all wire transfers would be made properly, Sonya was able to use her banking skills and relationships to circumvent these policies (and even convince bank officials to hide from Eddings the fact that she had created a fake wire transfer in connection with one of the law firm’s real estate closings). Sonya was so convincing in her con that no one from CB&T believed that any deceit was occurring, let alone to the tune of $2.3 million, and Eddings was given no information upon which to base a reasonable belief that any deceit was occurring. Indeed, no one discovered Sonya’s deception until October 27, 2011, when Sonya herself confessed in writing during the audit by First American Title Insurance Company that she had been misappropriating funds from the law firm’s trust account since 2007. In short, none of the activity here shows the type of misconduct on the attorney’s part that this Court would generally look for to justify a suspension from the practice of law. See, e.g., In the Matter of Jones, 280 Ga. 302 (627 SE2d 24) (2006).

Additionally, as the special master noted, this is not a case where Eddings should have noticed a change in his lifestyle or that of his wife. To the contrary, Sonya diverted money from the IOLTA account to cover losses from the two coffee shops that she operated independently from Eddings and that she was eventually forced to close. Eddings had no knowledge that the coffee shops were failing.

Based on the above, the special master has not provided any solid reasoning to support the conclusion that Eddings violated Rule 5.3 (a) and (b) relating to his duty to make reasonable efforts to supervise Sonya under the facts of this case. Eddings therefore cannot be disciplined for any alleged violation of this Rule. Specifically, Rule 5.3 (a) and (b) provides that:

With respect to a nonlawyer employed or retained by or associated with a lawyer . . . a lawyer who … possesses managerial authority in a law firm[] shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person’s conduct is compatible with the professional obligations of the lawyer; [and] a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer.  (Click to Continue)

Full Article & Source:
Supreme Court Orders Public Reprimand of Lawyer Whose Wife Stole $2M From Firm Account

From Ken Ditkowsy–deaths from heroin in nursing homes and-still payments to the Esformes continue!

Troubled nursing home–Continental –5300 N Western in Chicago, 29 residents have felony records (probably something you can ask the court about when your loved on is place there, good point).

http://www.chicagotribune.com/news/local/breaking/ct-continental-nursing-met-20161113-story.html

from the article:

Chicago nursing home fined after residents overdose on heroin

ate and federal health officials are seeking penalties totaling more than $100,000 from a North Side nursing home after five residents overdosed on heroin inside the facility in February, the Tribune has learned.

The residents of Continental Nursing & Rehabilitation Center were hospitalized and recovered, but at least two used heroin again hours after they were returned to the facility, even though they were supposed to be on close watch, Illinois public health department inspectors allege. One of the two overdosed again.

The department also opened a new investigation into the facility after the Tribune requested information about a sixth drug overdose in September 2015.

In that case, a 56-year-old resident was found on the floor by his bed with five packets of white powder beside him, a Chicago police report said.

Illinois law requires nursing homes to notify the Department of Public Health of unusual events that put patients at risk, but state officials said they learned of that case only when the Tribune filed a query about it.

The federal Centers for Medicare & Medicaid Services, or CMS, has imposed civil monetary penalties totaling $76,000 for alleged violations in the February incident.

Continental is contesting an additional $25,000 fine from the state public health department, which says the facility failed to properly monitor and treat residents with drug addictions.

State officials and industry representatives said they could recall no similar cluster of patients overdosing on heroin inside an Illinois nursing facility.

“I have never heard of that. No question that’s uncommon,” said Terry Sullivan, executive director of the Illinois Alliance for Living, a professional association of facilities that treat patients with mental illness and substance abuse problems.

Continental, which has housed a mix of older residents and younger adults with mental illness, did not admit deficiencies when it outlined corrective actions it would take — plans that were accepted by CMS in April. “The facility has ceased admitting any residents with active substance use,” its plan said.

In a brief interview with the Tribune, Continental part-owner Moishe Gubin said he was not aware of any heroin overdoses or other problems at the facility.

“If you are right,” Gubin said, “it goes against what our mission has been.”

“If you look at our company historically, we generally give good care,” Gubin said. “It’s not lack of resources or staff, or they cheaped out and didn’t take care of people. You’ll never hear about that with us.”

Continental is part of a rapidly growing, South Bend, Ind.-based nursing home operation that includes more than 50 facilities in eight states, records show.

Their 13 northern Illinois facilities include one that earned a top, five-star rating for overall quality from CMS. Four others, including Continental, were given a one-star quality rating, the lowest possible, and police and public health inspection records have alleged unsanitary conditions and negligent care at Continental and some other northern Illinois homes.

Medicaid and Medicare last year paid those 13 facilities a total of roughly $150 million, and the facilities reported a combined 2015 profit of $6 million, according to cost reports filed with the state. Similar data was not available for a recently added 14th northern Illinois facility.

Outside Continental’s gray and white building at 5336 N. Western Ave., a sign advertises “quality nursing services for the elderly.”

But the 208-bed home — which last year earned $11 million from the taxpayer-financed Medicaid and Medicare programs — reported to the state in March that 108 of its residents were under age 65 last year, 129 had been diagnosed with mental illnesses and 29 had felony records.

Chicago police responded to 60 reports of alleged batteries at Continental from 2011 through 2015, a Tribune analysis of police data found.

Police also responded in 2014 when a 61-year-old patient broke his hips and collapsed a lung as he tried to escape the facility by rappelling from a 4th-floor window using six sheets tied together, records show.

Continental immediately notified the state of that event, but the paperwork fell through the cracks, state officials acknowledge, and authorities conducted no investigation at the time.

After the Tribune inquired about the case, the department dispatched an inspector who last month reported that the man was not properly supervised although he had been admitted for treatment of bipolar disorder, depression and alcohol abuse.

He had been drinking in the facility just before he tried to flee and had a blood-alcohol level of more than four times the legal limit when staff found him “on the ground moaning” with a broken glass bottle and a beer can beside him, according to the state’s report.

Continental is contesting a pending civil malpractice lawsuit filed by the man’s family.

On the day of the five heroin overdoses in February, staff at Continental suspected that residents were seeking drugs from a female visitor but did not intervene or report it, a state inspection report said.

A 33-year-old resident told inspectors the visitor was a relative of a resident and sold “white powder in a small zippered baggie.” The 33-year-old snorted the powder and said: “I don’t remember much after that until I woke up and saw the paramedics standing over me.”

Another resident who also overdosed said he paid $25 for the heroin and assured the supplier that if the drugs were “good” he could triple her money “in three days at the facility,” the state public health inspection report said.

Continental was cited for not monitoring residents who returned to the facility from the hospital.

A 46-year-old woman who told a social worker she “wants to get sober and not be an addict anymore” overdosed again her first day back. Another man nodded off during his interview with an inspector, and a fellow resident said that man “got high again this morning.”

In addition to the overdose incidents, police were called to Continental in October 2015 when residents alerted staff to narcotics abuse inside the facility. Staff searched rooms and recovered paraphernalia for cooking and shooting drugs that they turned over to police, records show.

Across the country, at least two heroin overdose cases have emerged in nursing facilities since last year. In a La Porte, Ind., case that remains under police investigation, a 64-year-old woman was found dazed and bleeding from the nose after ingesting heroin at the Golden Living Center in August. And in November a southern Ohio man was charged with involuntary manslaughter after allegedly supplying his wife with a fatal dose of heroin inside a nursing facility.

“We’re a drug-taking society, and it’s only a matter of time before this gets into the nursing homes,” said Dr. Harry Haroutunian, physician director at the Betty Ford Center in Rancho Mirage, Calif.

Continental administrator Jonathan Dixon declined to discuss heroin abuse at the facility but gave Tribune reporters a limited tour of the second floor, where the overdoses took place. He said he did not have permission from “corporate” to take reporters through other parts of the home.

Those second-floor rooms no longer house younger patients with psychiatric and substance abuse problems, Dixon said, only geriatric and post-operative residents. The rooms were freshly painted, and some beds had been removed to convert them from triple-occupancy to double-occupancy.

The complex ownership and management structures employed by Gubin and his longtime business partner Michael Blisko limit their involvement in day-to-day operations, according to Tribune interviews and testimony they gave in civil lawsuits.

The physical facilities housing Continental and other homes are owned by subsidiaries of the partners’ real estate investment trust, called Strawberry Fields. Registered in the British Virgin Islands, Strawberry Fields recently raised $68 million on the Tel Aviv Stock Exchange to expand operations with a goal of growing by 50 percent a year, according to its public statements.

Each of the 13 homes in northern Illinois is operated by a separate company; those companies hire administrators to run the homes day to day. Gubin and Blisko own a combined 75 percent of the company operating Continental.

Continental and other facilities pay a separate consulting company solely owned by Gubin and Blisko to offer suggestions about management, nursing, billing and payroll practices.

The consulting company was initially called New York Boys Management, but that name caused “image trauma,” Blisko testified in a civil court deposition last year. “People felt that it wasn’t giving the professional identity, if you will, that it wasn’t good for business,” he said. The firm is now Infinity Healthcare Management, records show.

Continental paid Infinity $313,818 in consulting fees last year, while the 12 other northern Illinois facilities paid Infinity $4 million in all, state nursing-home cost reports show.

Facility administrators are in charge of their buildings and free to disregard Infinity’s recommendations, Gubin told the Tribune. He said he does not read state public health inspection reports about his homes.

“The person who is the administrator is the one who is responsible day to day,” Gubin told the Tribune.

Continental administrator Dixon later sent the Tribune an email saying: “We consistently strive to provide the highest quality of care, in a safe environment.”

dyjackson@chicagotribune.com

gmarx@chicagotribune.com

Twitter @poolcar4

Twitter @garyjmarx

Copyright © 2016, Chicago Tribune
And in another article from the Chicago Tribune on dangers in nursing homes:
(scroll to right to read article)
Two social workers were filed from their jobs when they refused to falsify incidents of abuse at a Burnham nursing home which houses the mentally ill, those with substance abuse problems and known felons.
Last year, the nursing home received $16.5 million in government funds (Medicare/Medicaid) and made $1.4 million in profits–and some of that went to Peter and Morris Esformes in the form of real estate payments and “consulting fees” and management fees–despite the fact that they were recently indicted by the feds for $1 billion in Medicare/Medicaid fraud.
Assaults, including sexual assaults, went undocumented and uninvestigated.  Again, this nursing home houses the mentally ill as well as felons.
It also contains some very chilling quotes that where residents were “uncooperative”, that security guards would be told to go into their rooms and beat them into compliance.
Currently, the Probate courts do not keep lists of acceptable and unacceptable nursing homes. There is no known way to protect those in guardianship from highly abusive nursing homes.
Bev Coo0per, in the Alice Gore case, wanted to take her mother home repeatedly to a beautiful North Shore suburban home, and this request was repeatedly denied by the GAL, Miriam Solotevitch and the court, Judge Kowamoto.    Instead, poor 99 year old Alice Gore was isolated for over 10 months from 20+ friends and family, and when she was next seen, her 29 gold teeth had been pulled and a feeding tube inserted against her will and she was all skin and bones.
All this has to end.
JoAnne

From “Lawman” blog fan–what to do when facing a 619 Motion to Dismiss

Click to access Daniel%20Gillespie%20AND%20Shawn%20Wood.pdf

Here is an excellent and comprehensive listing of what to do when you are facing a 619 Motion to Dismiss, complete with case law.

Motions to Dismiss are typically filed right after the Defendant receives the complaint and the Defendant has to Answer the Complaint or otherwise plead.

Generally, if your Defendant does not file a Motion to Dismiss, it is generally waived.  However, the Defendant can still file a Motion for Judgment on the Pleadings and/or  A Summary Judgment Motion, so make sure your Complaint is on solid grounds.

From the Illinois IDPR–Morgan and Messina–my corrupt and unlicensed court reporters at my ARDC trial–gone, gone gone.

Illinois Department of Financial and Professional Regulation Illinois Department of Financial and Professional Regulation

Lookup Detail View

Contact

Name City/State/Zip DBA/AKA
JO ANN MESSINA-EGAN Joliet, IL 60432-0745
Contact Information

License

License Number Description Status First Effective Date Effective Date Expiration Date Ever Disciplined
084002114 CERTIFIED SHORTHAND REPORTER PERMANENT INACTIVE 03/15/1979 03/15/1979 05/31/2005 Y
License Information

Disciplinary Actions

Case Number License Number Action Discipline Start Date Discipline End Date Reason for Action
2016007446 084002114 Fine 11/14/2016 for practicing on a non-renewed license.
2016007446 084002114 Permanent Inactive 11/14/2016 for practicing on a non-renewed license.
Click here for definitions of the different types of disciplinary actions the Department may impose.

The Reason For Action from this Lookup dates back to January 1, 1990. Any actions and/or Reason For Action taken against a license prior to 1990 may not be displayed. Note that the Reason For Action is extracted from the Monthly Disciplinary Report. Therefore, the text in this column may not begin appearing until the report for the month/year the discipline was issued has been compiled.

Please Note: Reason for disciplinary actions which occurred for Real Estate professions prior to February 1, 2008 will not be listed here. Please contact the department for information regarding past Real Estate disciplines.

Generated on:  12/20/2016 3:31:50 AM

 

From JoAnne —

For the record, I did NOT report anyone to the IDPR.
I just let the process take care of itself.
My court reporter was not licensed.  As you will recall the court reporter said in her affidavit that she filed with the ARDC and I filed with the Illinois Supreme Court that she “was going to get her license back.”  So I felt it was best to wait and see if she will admit to the IDPFR that she did transcribe without a license and let them figure out what to do with her. (Of course, if she was not honest and did not admit to what she had done to me, I would have reported her).
I happen to know that when you fill out those forms, you have to let the IDPFR (Illinois Dept. of Professional Regulation) know if you have committed any violations–and she clearly did, taking thousands of pages of transcripts without being licensed.
I am compassionate, and I like for people to fix their own stuff when they have screwed up.
I believe that my court reporter admitted her error–and in return, the IDPFR told her she had to surrender her license permanently.
Now, with this, what will the ARDC do?
Will Jerome Larkin, head Administrator of the ARDC reinstate my license, together with Melissa Smart and Sharon Opryszek or will they again tell the Illinois Supreme Court it is no big deal for a court reporter to transcribe without a license.
I see this as res judicata and collateral estoppel and massive Fraud on the Court in my case that any judgment against me was nothing more than Fraud on the Court.
I did a google search for the name “Morgan and Messian” and found nothing.
I think their business and website is gone.
I am going to FOIA the information on her license renewal information.
Let’s see what happened.
While I feel sorry for her, it is not an excuse for her to practice court reporting and transcribe without a license and she has to take her lumps. She should be the one to come forward and to admit she committed a serious fraud against me and the public.
I think she has done that now, let’s see.
I forgive her for what she has done to me.  I am not going to hold on to that.
But the Illinois Supreme Court and Jerome Larkin, Melissa Smart have not taken their lumps and apologized to me.  I am waiting. This blog is honest.  The case against me was nothing more than a witch hunt, a circus and violated the First Amendment and any and all notions of Due Process in a free, open and democratic government.  They know all they did was protect clouted attorneys.  And that’s wrong.  My blog is only “crying fire in a crowded theater if the theater is filled with crooked judges and lawyers.”  No honest judge or lawyer has to fear my blog. Ever.
JoAnne

Let’s raise money for Rent–$24,000 per year

As you know, Justice4 Every1 provides services to corruption victims for free.  We look at cases and report corruption to the authorities.

In the past, 6 judges have been removed with our efforts and the efforts of many others in reporting corruption.

We do not get any money from the government or any other sources. We depend on your generous donations.

Please help us raise rent money to keep services to court corruption victims for free.

Thanks

JoAnne

You can donate here:  https://gofund.me/rent-for-justice4-every1-nfp

From You Tube: Another Elder held against his will in a lock down nursing home.

 

Unbelievable the things that are sent to my attention.

Take a look at this:  Milton Golin, an elderly veteran with a perfectly good home being held against his will in Peterson Park by two amazingly obnoxious staffers who say it’s illegal for the son to video tape them, but somehow false imprisonment and kidnapping of an elderly man is not.

Please pray for this horrible situation and that this man gets help.

 

I don’t know all the details yet, but Peterson Park should be ashamed of itself for doing this.  1) for lying about the fact it’s illegal to videotape the commission of a crime in progress and 2) for unlawful restraint, false arrest and kidnapping.

 

Of course Peterson Park is holding him for his estate or Medicare benefits, but this is a blatant violation of numerous federal and state laws that say the elderly can and should live where they want to.

JoAnne

From Ken Ditkowsky–time to Drain the Swamp of Probate Court

Subject: Re: Free Speech is under attack – if we do not protect our rights we will lose them forever!
Date: Dec 19, 2016 9:01 PM
The distraction of the election is NOW mercifully over.   For a few minutes politics is off the table.    The sole issue that is on the table is how do we recapture our democracy and in particular the Rights, Privileges, and Immunities of our Constitution.
This means very simply that we have to demand that Law Enforcement do an Honest Investigation of the scandal of Elder Cleansing and the concerted over-up that has been imposed by corrupt officials (such as the Administrator of the Illinois lawyer disciplinary commission IARDC) who has totally misused his office.   This is a Condition precedent.     We do not wish to violate the very laws that we want enforced.
I like Dr. Sugar’s project.   Another brave activist did something similar and filed it with the United Nations that the use of chemical restraints constitutes torture and is prohibited under the Geneva Convention.  Also, the isolation of elders is torture prohibited by the Geneva Convention.  Declaring undesired individuals incapacited and then drugging them and isolating them is just another of Hilter’s (read any psychopath’s) bag of tricks which has been used for nearly 100 years how.   I hope that the information that Dr. Sugar has requested can get to him quickly and that the filing with the UN can also be made part of his data base.
I’ve copied law enforcement on this e-mail.   I’ve also forwarded Jeff Golin’s video. I see that he sent a copy to Attorney Denison.   With a new broom in Washington, and the new broom wanting to “drain the swamp”  I hope that the first tier of ‘swamp’ that gets drained is (are) those entities (and people) who prey on the elderly and use public funds for a cover-up.   I’ve quite seriously suggested that the way to deal with these miscreants (including Jerome Larkin) is for the Internal Revenue (Department of the Treasury) and the State Department of Revenue to use their CIVIL powers of tax collection.   The Sykes case 09 P 4785 has 3 million dollars of taxable income not reported by the two guardian ad litem, the guardian, the attorneys for the guardian, co-conspirator Jerome Larkin, co-conspirator *****and all the other 18 UsCA 371 co-conspirators.  The booty (and tax fraud) = which includes a million dollars of gold coins, a real estate scam, etc = is earning interest and penalties each day as we speak ==  Illinois is on the verge of Bankruptcy, and the United States of America has a 20 trillion dollar debt.   Elder Cleansing booty is significant!  in addition it is collectible.   For instance, Larkin has funds that are available for garnishment and in a civil action HE HAS THE BURDEN OF PROOF!    (in a criminal action the government has the burden of proof).

From Gloria: a word to the wise: Exhaust your state court remedies

http://www.courthousenews.com/2016/09/16/seventh-circuit-wont-allow-service-dog-case.htm

Note in the article at least it says that Judge MacCarthy accused Gloria’s dog of being “just a pet” and that Gloria had a fake disability (LAS) or Litigation Abuse Syndrome.  I hope Gloria reported this nonsense to the JIB.

What the 7th circuit said was that Gloria had to exhaust her state court remedies. That is, she had to first appeal the ruling in Judge MacCarthy’s courtroom, or file a separate state court lawsuit.

We all know that Gloria’s suit would have been dismissed by the appellate court and any new suit brought in state court would have been kicked to the curb, and most likely with sanctions.

However, I can’t tell you how many times in the past I had told clients that they had to exhaust their state court remedies in order to go to Federal Court.  Soooo many people have found that state court is prejudiced against the ADA, the senior, the disabled, the disenfranchised. All these people see it and feel it and want to run to Federal Court.  But they can’t. They first have to exhaust state court remedies.

I still recall when Aicha MacCarthy came screaming down the court hallway, her robes a flutter in the breeze she was creating, screaming she was going to jail Gloria because Shaggy barked and she thought service dogs don’t bark.  (See prior post, yes they do, as a last resort when the person they are caring for isn’t taking appropriate action, they bark to warn of imminent danger).

So when your lawyer tells you you have to exhaust all your state court remedies before filing in federal court, please do so. File the appeal that will be dismissed on motion, file the new case that will be dismissed for failure to state a claim because currently the Circuit Court of Cook County doesn’t believe there is an ADA or that it applies to anyone or anything.

 

Just ask Aicha MacCarthy.

From FB/Elizabeth Indig–April Parks is going down-Hurray!

OMG OMG OMG TODAY IS THE BEGINNING OF THE END OF THE REIGN OF CORRUPT GUARDIANS AND ATTORNEYS IN CLARK COUNTY, NEVADA.

Finally, after over 2 years of delays in Family Court, our trial against private guardian April Parks took place.

.The honorable Judge Nancy Allf presided.  Homa and Adam Woodrum did a great job of representing my mom. I am so grateful.

After over 4 hours of testimony, Judge Allf made her ruling.

She stated “PARK’S ACTIONS WERE SO EGREGIOUS THAT THEY DEMAND A DISGORGEMENT”

She went on to say Parks was guilty of FRAUD, THEFT, BREACH OF FIDUCIARY DUTY AND CONVERSION OF FUNDS.

She then went on to order that Parks is not entitled to any of the $22k in guardian fees and she must return the $13k she prepaid herself.
Noelle Palmer Simpson (Park’s first attorney) is to return the $3000 she was supposedly paid by Parks.

$40k is to be returned for the loss of the home.

$100k is to be returned for the loss of the valuables in the home.

Sadly Parks has hidden her assets so most likely my mom will never benefit from the judgment. Since I did not think money judgments of that size were ever ordered in family court (this may be the first?) I am in total shock.

This ruling by Judge Allf is crucial in stopping the rampant guardian abuse in Clark County Nevada!

NOW CAN WE HAVE AN ARREST PLEASE???

Another article on problems with guardianships in Las Vegas, NV:

http://www.reviewjournal.com/news/las-vegas/ex-official-guardianship-system-isnt-bad

http://aaapg.net/latest-news-from-las-vegas/

http://www.stopguardianabusenv.org/blog/embattled-private-guardian-april-parks-censured-for-exploiting-the-elderly-mastermind-jared-shafer-stays-under-the-radar-for-now

 

 

 

From ABC News-Abuse at Nursing Homes rampant

http://abcnews.go.com/US/story?id=92689&page=1

Reports of serious, physical, sexual and verbal abuse are “numerous” among the nation’s nursing homes, according to a congressional report released today.

The study, prepared by the minority (Democratic and Independent) staff of the Special Investigations Division of the House Government Reform Committee, finds that 30 percent of nursing homes in the United States — 5,283 facilities — were cited for almost 9,000 instances of abuse over a recent two-year period, from January 1999 to January 2001.

Common problems included untreated bedsores, inadequate medical care, malnutrition, dehydration, preventable accidents, and inadequate sanitation and hygiene, the report said.

Many of the abuse violations caused harm to the residents, the report said.

In 1,601 cases, the abuse violations were serious enough “to cause actual harm to residents or to place the residents in immediate jeopardy of death or serious injury,” it said.

“What we have found is shocking,” says Rep. Henry Waxman, D-Calif., the committee’s minority leader, who instructed the staff to do the study.

Kelley Queale, director of communications for the California Association of Health Facilities, however, says reports such as the one released today can be misleading, since stringent regulations require reporting even the most minor of incidents, such as one resident slapping another.

“That inflates the figures and makes it sound a lot worse than the reality is,” she says. “We believe that nursing homes are providing the best care they can in a difficult environment.”

Grotesque Abuse

In some reported cases, a member of the nursing home’s staff was accused of committing physical or sexual abuse. In others, staff were cited for failing to protect people from abuse by other residents.

The report documents instances of residents being punched, slapped, choked or kicked by staff members or other residents, causing injuries such as fractured bones or lacerations.

Some of the violations uncovered are particularly disturbing. In one case, according to the report, an attendant walked into a resident’s room, said “I’m tired of your ass,” and hit her in the face, breaking her nose.

In another case, attendants bribed a brain-damaged patient with cigarettes to attack another resident, then watched the two fight. The report also described a case in which a male attendant molested an elderly female resident while bathing her.

Instances of abuse appear to be on the rise. The percentage of nursing homes cited for violations has increased every year since 1996, according to the report.

Many for Profit, Taking Federal Money

The homes cited by the study for instances of abuse accommodate some 550,000 residents. Nationwide, some 1.6 million people reside in 17,000 nursing homes and 11,000 of them are for-profit businesses.

The federal government is the biggest contributor of nursing home care, mostly through Medicaid, a joint federal-state health care program for the poor, and Medicare, the federal program for elderly and disabled people. Federal heath and safety standards are designed to protect nursing home residents from abuse.

To enforce the standards, the U.S. Department of Health and Human Services contracts with the states to conduct annual inspections of nursing homes. The states also are required to investigate individual abuse complaints. The report’s statistics were derived from these state inspections.

Industry Says Money a Factor

Nursing home industry representatives attribute problems, in part, to a nationwide difficulty in attracting and keeping quality, skilled staff.

“In California also, we don’t have enough licensed vocational nurses, and we don’t have enough working aides or certified nursing assistants,” says Anne Burns Johnson, CEO of the California Association of Homes & Services for the Aging. “There are not enough people entering the field. And so staffing becomes more complicated when you can’t even hire people.”

Insufficient state and matching federal Medicare funding levels are an important reason, she says. “The reimbursements are low compared to what the residents’ needs are,” she says, and so nursing assistants, paid through those funds, can average around $7 to $9 per hour.

Waxman plans to introduce a bill this week, designed to improve nationwide nursing home care. Among other things, it would increase funding, set minimum staffing limits, increase Internet disclosure of nursing home conditions, and impose new fine levels.

Waxman, who’s mother is in a home in Maryland, also believes insufficient funding is a cause of problems: “[U]nless we are willing to pay nursing homes enough to do their job, intolerable incidents of abuse and other types of mistreatment will continue to persist … ”

He said he knows many nursing home operators are “dedicated to providing the best care possible,” and who “would never knowingly tolerate abuse or other dangerous practices in their facilities.”

But added: “[T]he bottom line is clear: Something clearly needs to be done to improve nursing home conditions,” said Waxman. “It would have been intolerable if we had found a hundred cases of abuse; it is unconscionable that we have found thousands upon thousands.”

Not-for-Profit Better?

Johnson maintains that a higher level of care is provided at not-for-profit facilities, such as those represented by her organization.

“Most of our facilities are small, community-based and religious-based,” she says.

Queale of the California Association of Health Facilities, which represents for-profit facilities, says for-profit care can be just as good if not better.

But she adds some not-for-profits have advantages because they have higher staffing with more volunteers, and they get more government funding.

Johnson notes nursing home care is inherently complicated because residents frequently have multiple medical problems, are frail, and in most cases would prefer to be in a different setting. (See: Will They Need Help?)

When putting people in a facility, says Queale, “[relatives] should do research ahead of time if possible, get referrals from their physician or word of mouth about a good reputation.”

A Snapshot Look

Another report prepared by the minority staff of the Special Investigations Division, released last Monday, found more than 70 percent of 59 homes in one Pennsylvania congressional district failed to meet federal health and safety standards during recent state inspections.

Such standards included measures for preventing pressure or bed sores, providing sanitary living conditions, and protecting residents from accidents, that report said.

More than half the homes, it said, had violations that caused actual harm to residents or had the potential to cause death or serious injury.

Examples of perhaps some of the worst care in other staff reports since 1999 include: a Chicago nursing home where dozens of residents were found in physical restraints, many in violation of federal health and safety standards, and a San Francisco nursing home where inspectors found hundreds of ants crawling over the body and in and out of the mouth of an 83-year-old resident.

Nursing home representatives argued that the “overwhelming majority” of nursing homes meet government standards and that many violations causing actual harm are actually trivial in nature, the report said.

The report countered that many allegations were examined in detail, documenting harmful violations, including at least one incident that contributed to a death.

Many other incidents were documented that, the report said, “would be of great concern to families, but were not classified as causing actual harm … ”

So then, why are Illinois courts ordering the elderly and disableds into nursing homes where they can be harmed when there are relatives waiting to take in their own mothers and fathers?  (Frake case and Lorraine Phillips cases, both elders are at risk of death and have been abused in the Illinois Probate court system, but the Illinois ARDC and JIB do nothing and Larkin wants to get rid of this blog that exposes these problems)
JoAnne

From Andy Ostrowski–Corruption in Pennsylvania

When Justice Alito was still on the Third Circuit, he was on the panel before whom I appeared, and authored the an opinion in a case early in my civil rights career, I represented a man, David Chittister, who sued the Pennsylvania Department of Community and Economic Development for First Amendment retaliation and for violations of the Family Medical Leave Act.  The case was mentioned in his Supreme Court confirmation hearings – https://books.google.com/books?id=cQPWT1nb6soC&pg=PA1362&lpg=PA1362&dq=chittister+v+dced&source=bl&ots=6TSDkb3E3t&sig=FC_m5lu6P_x6joWcBjAA38UK1GY&hl=en&sa=X&ved=0ahUKEwi6p-fap-zQAhWD4iYKHYO9DfIQ6AEINDAE#v=onepage&q=chittister%20v%20dced&f=false.

 

The claim involved a scheme to circumvent an open political graft program (the “WAM” program for “Walking Around Money”) which Governor Tom Ridge eliminated as a campaign promise.  It was a significant factor in his election.  Upon the change in administration, the money earmarked for that program was funneled through a program managed by Mr. Chittister.  He denied the one-line requests for a few thousand dollars here and there for no programmatic purpose, and began to receive pressure to simply approve the requests.  He resisted, and was harassed, and ended up with the desk, chair, and phone, and no job duties, and was forced out.

 

Through some typically transparent chicanery of the federal district judge, Sylvia Rambo, of the Middle District of Pennsylvania, in service to the political establishment of the persuasion that prevails in central Pennsylvania, ended up dismissing the First Amendment claims on a Motion for Summary Judgment, and allowed us to proceed to trial on a claim under the FMLA.  There was nothing honest or just about it, and the claim was a very difficult one to make, for specific reasons I do not currently recall.

 

What these federal judges do in these civil rights/whistleblower/public corruption cases is engage in a process of “winnowing” the claims, through use of the Motion to Dismiss and Summary Judgment Motion, and then permitting cases to go forward on limited aspects of the overall claims, then using the lengthy summary judgment opinions as guides for limiting the evidence at trial, and then engineering jury verdicts through the creative use of special verdict questions.  In these cases, the jury rarely ever heard the full scope and essential nature of the cases, and adverse verdicts were often justifiable on the engineered record.

 

Well, despite the engineering of the trial judge, we got a verdict in our favor, and a modest award of damages and attorneys’ fees in Mr. Chittister’s case.

 

On post-trial motions, the Commonwealth raised the issue of whether it was immune under the 11th Amendment for damages under the FMLA.  I made the clear and simple argument that I believed compelled a favorable ruling on the issue – that, clearly, the states did not have 11th Amendment immunity under the FMLA.  Judge Rambo, of course, granted the motion, and threw out the verdict.

 

Both the First Amendment and the FMLA issues were appealed to the Third Circuit, and Justice Alito was on the panel.  The First Amendment/whistleblower issue was a no-brainer under the state of First Amendment public employee jurisprudence at the time.  Alito is cut from the same political establishment that prevails in Pennsylvania, and the First Amendment issue, which was my focus in the brief and at oral argument, was scarcely mentioned by the judges, and brushed off in the opinion.

 

Alito authored the published opinion, however, upholding the ruling that the Eleventh Amendment bars claims against the states under the FMLA. https://casetext.com/case/chittister-v-dept-of-commun-and-econ-dev.   My client was still ill, and near broke from the expense of the litigation, and the firm I was with, who were getting concerned with the political nature of the cases I was taking, would not commit to advance the costs for a Petition for Writ of Certiorari on an issue that I knew was a winner.  In a case not much later, the United States Supreme Court did accept a Petition on the identical issue, and decided in Nevada Department of Human Resources v. Hibbs, 538 U.S. 721 (2003).

 

In the interim, we filed a qui tam action under the federal False Claims Act, based upon the fact that the fraudulent use of the program administered by my client, which involved a few million dollars a year of federal grant money.

 

Based upon the US Supreme Court ruling in Hibbs, I filed a Motion to Open Judgment in the district court, asking that the verdict be reinstated because the Court at all times did have jurisdiction.  I believe I addressed the First Amendment issues as well.  Judge Rambo denied the Motion, and I filed an appeal to the Third Circuit.  Rambo’s Opinion had some threats directed at me, and an invitation for the Defendants to seek sanctions for something or other, which they did not follow through with.

 

In the Brief I filed with the Third Circuit, I placed a footnote wherein I carefully layed out the logic of my position that, consistent with my ethical duties, I had an obligation to inform my clients that there is corrupt decisionmaking in the federal courts.  I’ll have to dig out the document, and post the footnote.

 

I was about 37-38 at the time, and was very naïve to these issues, and I did not do this lightly or cavalierly.  I said it because I felt I had to, and trusted that it needed to be addressed.  We had a later oral argument scheduled on the matter, and I recall being very anxious that I was going to be taken to task on this point.  I was very apprehensive about it.

 

Not a word, however, was mentioned, and I never heard a word of the substance of that footnote since.  However, it was a couple months later where I had my first brush with the disciplinary authorities.  A young girl, 20 years old, who I was helping with some misdemeanor charges she was dealing with, asked me to write a letter to her mother telling her mother that she is no longer permitted to interfere in her daughter’s affairs, which I did.  The mother called me and told me that I was going to pay a heavy price for sending her that letter.

 

I had also taken over the representation of the young in an auto accident in which she was involved.  The girl got an additional charge for retail theft, and was forced by her circumstances to return to her mother for support.  While she was in jail for about 90 days, she sent me a letter with a couple questions about her injury case.  I was pursuing the case, but did not get back to her.  A disciplinary complaint was filed against me by the mother, and I received an informal admonition (got a discipline on my record) as a result.  They also settled the injury case out from under me, and stiffed me on my fees.

 

After Alito took his seat on the Supreme Court, he participated in 3 decisions, Garcetti v. Ceballos, Guarnieri v. Borough of Duryea, and Enquist v. Oregon Department of Agriculture, which severely curtailed the First Amendment protections of public employees, by saying when the unlawful conduct in which they are involved, or refuse to be involved, is part of their job duty, they do not have constitutional protections.  This would have ended the Chittister case if it was the law at the time, and me and my partner, Don Bailey were handling a lot of these types of claims.

 

The story of Don Bailey relating to Justice Alito, and how a $1.5 million verdict against, among others, Pennsylvania’s Attorney General, Mike Fisher, who is now a Third Circuit Judge sitting in the seat vacated by Alito, and the “shit storm” this caused, is told here – http://pennsylvaniacivilrightslawnetwork.com/2011/11/21/the-role-of-partisan-politics-in-pcrln-the-bailey-shit-storm/.

 

To the point of this email, is this corruption?  How do we factor these things into the approach to reform we take?

 

 

From Ken Ditkowsky–Free Speech making come back on campuses

kenneth ditkowsky

7:42 AM (4 hours ago)

To: states attorneys and FBI and probate and court bloggers
It is unsafe to be old in Florida, Illinois, New York, California *****.    Too many seniors are literally taken off the street and placed into guardianships designed to strip them of their liberty, property and humanity.   As long as their is one Mary Sykes or Alice Gore case that remains unpunished and protected by the likes of Jerome Larkin and his Attorney Registration and Disciplinary commission the core values of America are in jeopardy and the First, Fifth and Fourteenth Amendments is being trampled on.    Attorneys who called for an HONEST INVESTIGATION were greeted with Kangaroo proceedings masquerading as disciplinary proceedings.  Families who complained were told that the corrupt judges and lawyers conducting the violations of our constitution were lauded.   The Guardian ad Litem who orchestrated the elder cleansing of Alice Gore not only was allowed to get away with ravaging the mouth of Alice Gore to obtain the few grains of gold from her teeth, but, to literally steal a huge amount of money from a Florida Probate Estate!   She teaches legal ethics in the Illinois Continuing Education Program.
The future however is bright.   In spite of the concerted efforts of the Judicial Establishment piece by piece the public is gaining knowledge of the outrage.   The Government Accounting Office has written five reports to Congress, Philip Esformes was indicted for stealing a billion dollars from Medicare, intellectuals actually are aware of the elder cleansing scandal, and the great unwashed are no longer complacent.
Exhibit 1:   An Article concerning Free Speech on Campus, to wit:
The only protection we have from ‘ourselves’ is openness and free speech.   The fact that I do not like the message that ******* has to give does not give me the right to silence him, or he to silence me.   That is our First Amendment!    We all must pledge to fight for the right of those who we disagree with to speak out and be heard.   That is the core of our democracy.

From WSJ and Ken Ditkowsky–Feds arrest Corp Officers involved in Opioid drug kickbacks to docs

http://www.wsj.com/articles/former-insys-ceo-arrested-in-opioid-prescription-kickback-case-1481228056?emailToken=JRrzdvB/ZH%2BUhdE8aswy00ctY7NNCumSV0iSJ33Nf0HWrnHOve%2BtgqQzwtyvoGSuSQNi/d0f5HQ%2BXSHQh2wvX86amLR2mlThcHBGo9SdjV3SYB6LxBPU

Of course, everyone knows that the main revenue stream keeping Elder Cleansing alive is the over use of opiods and psych drugs on the elderly and disabled.

Only one problem, the use of psych drugs and opiods in elders and disableds comes with a black box warning against such use by the FDA and is highly illegal.

Probate courts condemn the elderly to slums and ghettos called “nursing homes” who then drug the patients to death.  If they resist, they are held down and shot up with halodol (Wyman and Teichert).  No one stops this.  If Protective Family members protest, they are smeared and called felons, drug addicts (when it’s the probate judges and attorneys forcing illegal drugs on seniors and disableds) and they are threatened.

Look at this indictment and see why it is nearly impossible to stop the machine, until people get fed up and light a fire under the FBI to do its job.

In Illinois, we have the IDPR to investigate, but when one mother complained (Gidan) that her disabled son was being held by a psychopathic father, the judge said “he didn’t have time to read the file (of abuse)” and kept the son with the abusive father. Soon the son will turn 18, but did he finish high school?  (nope)  Did he miss most days?  (yep), under the mother’s care did he get A’s in honor’s level classes? (yep). So why was this judge so stubborn he ignored all this and place an innocent disabled son with the father to skip school, drop out and get drugged into being a zombie with illegal psych drugs? (profit and kickbacks?)

And why does no on investigate.

Just today, a clouted attorney on the 18th floor made sure a woman was condemned to die in a nursing home, drugged and the protests of a Protective Son were ignored by the court. The demands of a clouted attorney were rubber stamped to drug, keep the elderly mother in a nursing home, and make sure she suffered the worst form of torture imagined.  She has bed sores and no one cares. They are per se mal practice, but you think this clouted attorney reported it?  Of course not.  He needs to be condemned to a nursing home, shot up and drugged with death the only way out and septicemia from bed sores.

Is anyone listening to Ken and I and Candice Schwager and Barb Stone–the only attorneys who will speak out.

The ARDC and Jerome Larkin hate it.  Talking about abuse of the elderly as an attorney in probate court means ARDC Attorney Melissa Smart will accuse the attorney in one of the ARDC’s kangaroo courts of “yelling fire in a crowded theater”.

No attorney in Illinois is supposed to protect the elderly here. They are condemned to die in the slums and ghettos of nursing homes with force psych drugging. Alice Gore lost $1.5 million (uninvestigated) and 29 gold teeth in a famous 18th floor slum-like nursing home when she could have been pampered at home by her kind and caring protective Daughter.  But the Daughter protested and was slapped with a $60k bogus judgment.  She was not deterred and to this day continues to appear on a highly popular cable show speaking out against what atrocities happened to her mother–Alice Gore, who was eventually drugged to death and all skin and bones in the end–an end that happened soon after she lost her 29 gold teeth to some miscreant dentist who has yet to still be investigated and punished for this horrific crime.

Has the ARDC investigated the lawyers involved?  Nope. Do they continue to abuse and drug disableds and seniors under the guise of an unlawful probate court?  Yep.

Read on for the full article.

JoAnne

Six former executives and managers at Insys Therapeutics Inc. were arrested on Thursday and charged with conspiring to defraud health insurers and bribe doctors in exchange for prescribing the company’s fentanyl painkiller, Subsys, the Justice Department said.

Among those arrested were former Chief Executive Michael Babich, who resigned from the company in November 2015. Mr. Babich, 40 years old, was charged with conspiracy to commit racketeering, conspiracy to commit wire and mail fraud, and conspiracy to violate the anti-kickback law.

The racketeering, wire fraud and mail fraud charges each carry penalties of up to 20 years in prison, in addition to fines and supervised release, the government said. Violation of the anti-kickback statute carries up to five years in prison.

–– ADVERTISEMENT ––

Before resigning last year, Mr. Babich had helped oversee the company’s early success, which included its stock becoming the best-performing initial public offering of 2013. He sold $30.6 million in Insys stock during his tenure as CEO, according to Thomson Reuters data. In addition, he was paid more than $10 million in accelerated stock options and cash as part of his severance from the company in 2015, according to Insys regulatory filings.

Mr. Babich didn’t immediately respond to a request for comment. His attorney said he intends to plead not guilty.

In a statement, Insys said the arrests on Thursday related to previously disclosed investigations and that the company “continues to cooperate with all relevant authorities in its ongoing investigations and is committed to complying with laws and regulations that govern our products and business practices.”

Thursday’s arrests were the latest to result from ongoing investigations into Insys, a once-highflying pharmaceuticals company based in Chandler, Ariz., that has struggled over the past year amid increasing scrutiny by prosecutors and regulators.

Including the arrests on Thursday, 11 former Insys employees this year have been charged with breaking federal law.

Shares of Insys fell 11.9% through the close of regular trading on Thursday; shares have fallen 67% so far this year. Global sales of Subsys soared 50% to $329 million in 2015, but have declined significantly this year amid heightened scrutiny of opioid abuse and the company’s business practices. Analysts expect Subsys sales to decline 28% to $237.7 million in 2016, according to FactSet.

Insys and its chief executive and majority shareholder, John N. Kapoor, were the subject of a Journal article in November that detailed the company’s relationships with doctors, including a pair of Alabama physicians scheduled to go on trial next month to face criminal charges of operating what prosecutors allege was a “pill mill.”

The charges on Thursday were brought byCarmen Ortiz, the U.S. attorney for the District of Massachusetts.

“I hope that today’s charges send a clear message that we will continue to attack the opioid epidemic from all angles, whether it is corporate greed or street level dealing,” Ms. Ortiz said in a statement.

Also charged on Thursday were Alec Burlakoff,the company’s former vice president of sales; former national sales director Richard Simon; former vice president of managed markets Michael Gurry; and former regional sales directors Sunrise Lee and Joseph Rowan.

Anthony Pacheco, an attorney for Mr. Rowan, said in an email that “the indictment in itself is nothing more than a list of the government’s unproven factual assertions and legal theories.”

Ms. Lee and Mr. Simon couldn’t immediately be reached for comment. The other former employees or their attorneys didn’t immediately respond.

Mr. Babich and the other defendants disguised the company’s bribes to doctors and other health-care practitioners as legitimate fees paid for promoting Subsys to colleagues at speaking events, the government alleges in a criminal indictment filed in U.S. District Court in Massachusetts.

Subsys, a rapid-acting and highly addictive opioid, is approved by the Food and Drug Administration to treat extreme cancer pain. Messrs. Babich, Burlakoff and Simon, however, targeted their sales efforts at doctors who prescribed fast-acting fentanyl for all types of pain, the indictment alleges.

The goal of the speaker’s program was to reward large prescribers of Subsys, the indictment alleges. Mr. Burlakoff allegedly told an Insys sales representative in a text message that prescribers “do not need to be good speakers, they need to write a lot of” Subsys, the indictment alleges. Speaking events were “were often just social gatherings at high-price restaurants that involved no education and no presentation,” the indictment alleges.

Mr. Babich and the others closely tracked how much money each speaker was paid, how many Subsys prescriptions they wrote and the resulting net revenue Insys received, the indictment alleges. For a time, the former employees also explicitly calculated the return on investment from each speaker, the indictment alleges.

Many insurers refused to pay for Subsys unless prescriptions met certain criteria, such as being prescribed for cancer pain or for patients who had already tried cheaper alternatives, the Journal reported in November. To help address the problem, Messrs. Babich and Gurry in January 2013 created and operated a reimbursement unit that worked on behalf of doctors to obtain payment authorization directly from insurers, the indictment alleges.

Mr. Gurry and other unnamed conspirators taught reimbursement unit employees “how to mislead and deceive insurers regarding their employment, patient diagnoses, and tried and failed medications,” the indictment alleges. The reimbursement unit’s methods were effective: Roughly a year after the unit was launched, about 85% of prescriptions were approved for payment by insurers, up from roughly one-third of prescriptions in November 2012, the indictment alleges.

Write to Joseph Walker at joseph.walker@wsj.com

From Huffington Post: Judges for sale !

http://www.huffingtonpost.com/dick-simpson/judges-for-sale_b_1220061.html

Judges for Sale–Money buys Judicial favor and sympathy

01/20/2012 05:49 pm ET | Updated Mar 21, 2012

This column originally appeared in the Chicago Journal.

Hey bud, would you like to buy a judge? Judges in Illinois can be bought by cash or votes.

The Central Committee of the Democratic Party of Cook County buys judges with the promise of votes, naming them to the party’s official slate in exchange for implicit support. The key phrase at the slating session of prospective judges is “I am a lifelong Democrat,” which is code for saying, I’ll decide cases when I can the way the party wants.

Terry Lavin, a current slated candidate, put his credentials for judge at the slating session this way: “I have been a loyal Democrat. I voted in each of the Democratic primaries [of the] last twenty years. I helped the Speaker [Illinois House Speaker Michael Madigan] out on a number of elections in the south suburbs, same thing for [former state Senate President] Senator Emil Jones. When the Democratic Party wanted somebody to go down and testify in Springfield, I did that. When they needed help writing legislation, I did that.” Lavin is an able candidate, former president of the Illinois Trial Lawyers Association with many victories as a trial lawyer, but before the party slatemakers, that doesn’t count as much as party loyalty.

The political parties choose the judicial candidates for the bedsheet ballot, which has so many people running for so many offices that even informed political junkies don’t know much about the candidates for judges except their party affiliation. But campaign contributions also buy judges.

Lawyers give contributions to the very judicial candidates before whom they will appear. A thousand dollar contribution to this candidate and a thousand to that and pretty soon, you become a very effective lawyer, winning a lot of cases. You don’t need to know a whole lot of law if you buy the right judges.

On Dec. 15, 2011, the Illinois Campaign Finance Reform Task Force held public hearings on its working draft report, Public Campaign Financing and Illinois Elections. It was an excellent background report providing balanced information on the state of campaign financing, including judicial campaigns. The final report will be given to the governor this month.

The weakness in the draft, which more than a dozen witnesses including political and civic leaders from New Jersey and New Mexico pointed out, was that it ended without making any recommendations. This is despite the fact that the report provides evidence of major problems in interest group involvements in campaigns and the undue influence of large donors. I, and the other witnesses, testified that the Task Force needed to add a conclusion in support of the adoption of public funding — most especially, public funding of judicial campaigns.

Fittingly, the task force was meeting a week after former Governor Rod Blagojevich was sentenced to 14 years in jail for public corruption. Altogether more than 1,500 public officials have been convicted since the 1970s of corruption. Research at the University of Illinois at Chicago has estimated the “corruption tax” on the taxpayers is over $500 million a year.

Operation Greylord and other corruption investigations by the FBI and the U.S. Attorney General have led to the conviction of judges, lawyers and court personnel-fixing cases — even murder cases — for bribes. The nexus of party politics, crime and the courts has been known for decades.

But even when the mob isn’t involved, campaign contributions for judges undermine the credibility of the judicial system. In downstate judicial elections, supporters and opponents of “tort reform” and the outcome of “tort” lawsuits spent millions of dollars electing and defeating certain judicial candidates to win verdicts in the courtroom.

Illinois has a new campaign finance law which went into effect this year, but restrictions on truly large contributions (beyond $5,000 a person per candidate) and better reporting requirements are not enough. I personally support public financing at all levels like they have in Maine. But as I urged the task force, we must demand that the state legislature and governor pass legislation at least to support public funding of judicial elections. Merit selection of judges would be better still, but public funding would lessen corruption immediately.

2012, the year Blagojevich heads to prison, should be the year when we take money (and improper influence) out of judicial elections.

From Front line:

http://www.pbs.org/wgbh/pages/frontline/shows/justice/etc/synopsis.html

In “Justice For Sale,” FRONTLINE correspondent Bill Moyers examines the impact of campaign cash on the judicial election process and explores the growing concern among judges themselves that campaign donations may be corrupting America’s courts.

In the 39 states where voters elect some or all of their judges (see map of states), special interest money is pouring into judicial races helping to finance expensive tv ads, media advisers and pollsters, and threatening to compromise judicial independence and neutrality. This report includes a rare interview with U.S. Supreme Court Justices Stephen Breyer and Anthony Kennedy who speak out about the threat to judicial integrity.

“If there is the perception or the reality that courts are influenced in their decisions based upon campaign funding sources,” says Justice Kennedy, “we will have a crisis of legitimacy, a crisis of belief, a crisis of confidence.”

“Justice for Sale” looks at judges’ races in three states–Pennsylvania, Louisiana and Texas–talking to judges, media consultants and special interest groups who are donating big money to judicial campaigns.

In Pennsylvania, the pro-business group Pennsylvnians for Effective Government (PEG) surveys the voting habits of state Supreme Court justices and funds those who share their philosophy. PEG leader Bill Cooksees his group as being in competition with trial lawyers and labor unions who also contribute heavily to judicial campaigns. “Judicial elections are very partisan,” he says. “Do the judges know who the big donors are? Of course!” Helen Lavelle, a media consultant for a Pennsylvania judge who won re-election in 1999 acknowledges, “We sell a judge the same way we sell anything.” Although she believed in her candidate’s integrity, she’s concerned about money’s corrupting influence. “It’s unfair. People are ending up with a chance to be on a bench who have no business being there.”

Traveling to Louisiana, this FRONTLINE report investigates how in 1998 a business group financed a campaign against Pascal Calogero Jr., Chief Justice of the Louisiana Supreme Court, whom they viewed as unsympathetic to industry’s concerns. But after Calogero backed down on a crucial issue (and supported curbing a student law clinic which had several times successfully represented poor people against oil and gas interests in environmental cases), Calegero was able to secure enough donations from business to help him win another term.

In Texas–which Moyers calls “the heavyweight in partisan, expensive, knock-down, drag-out brawls for control of a state Supreme Court”– FRONTLINE looks at how special interests and their fundraising has dramatically changed the make-up of the Texas Supreme Court. Twenty years ago, Texas was known as the ‘lawsuit capital of America’ with judges and juries favoring trial attorneys and their clients. By 1998, the Texas Medical Association had successfully spearheaded a campaign by business to take back the courts. Today, all nine members of the Texas Supreme Court are Republicans and staunchly pro-business, according to critics. Texas Supreme Court Justice Tom Phillips is one of several Texas legislators, lobbyists and judges who talk about the politics and money scramble to run for judicial office. Although Phillips calls for reforms to lessen money’s influence, during his ten years on the court, he’s had to learn to play the money game.

Throughout this report, FRONTLINE tracks the mounting evidence–polls, surveys and reports–that trust in judges and the courts is eroding because of the perception that campaign contributions to judges are affecting their decisions on the bench. For example, a June 1999 survey conducted by the Texas Supreme Court and the Texas State Bar found that almost half the judges in Texas believe campaign contributions significantly influence judicial decisions. Lawyers who appeared before the courts were even more skeptical of the system–79% believe that campaign contributions affected the decisions.

“Try as they might, the nine justices of the Supreme Court of Texas today have their next election on their mind every day of their life,” says Bob Gammage, a former member of the Texas Supreme Court. Gammage believes that the justices strive to be impartial, but are dependent upon their campaign donors: “If you don’t dance with them that brung you, you may not be there for the next dance.”

Note it is reported that it takes over ONE MILLIONS DOLLARS to get elected to the Penn. Supreme Court. What is the quid pro quo for that?  No wonder why their disciplinary board goes after attorneys that represent the little guy and scream corruption when the courts consistently rule in favor of big business, with no statute or common law to support such decisions–just pure nonsense.  Ask Andy Ostrowski about that and how he was wrongfully disciplined for speaking out against corruption.

on justice eroding in the US:

No wonder why I was taken out for running this blog and supporting the average citizen who did not receive justices, a law, a statute, anything, to support a bogus decisions.

No wonder why our Appellate Court and US Supreme Court keeps briefs inaccessible to the public so citizens that cannot afford an attorney have little hope of justice. The biggest firms and brightest attorneys (not necessarily the most expensive), are writing briefs that no one else will see or can use for their pro se cases.

What gives Illinois government the right to even withhold briefs from the public?  These should be online, for crying outloud.

The ARDC files are now all scanned in and they should be made public too.

The Illinois government does not own these documents personally. They belong to the people, and as such, they should be made publicly available.

What gives Illinois Clerk of Court Dorothy Brown the right to withhold pleadings from the public online and force people to go downtown to pay $1 for the first two pages and then 50 cents and a quarter after that when Federal Court documents are 8 cents per page on Pacer.  What is the legal justification for that?  Why has no one sued? When Pacer was sued for raising their prices to 10 cents per page, the price ended up once again at 8 cents per page.

Illinois citizens demand justice and fairness.

Too many cases now involve judges and lawyers that should not be in the courtroom. They make money illegally and through bribes. Dennis Wians is currently filing a brief at the Court of Appeals for a bogus large judgment rendered against him in probate.  He claims he only used his Power of Attorney to take care of his loved one. The miscreant lawyers ignored his complete and full accounting and the court rubber stamped a huge judgment against him.  He then went and filed Bankruptcy and the legal miscreants followed him there claiming the judgment was valid and that it was intentional and the debt should not be discharged. This is not the first time this has happened. It also happened in the Alice Gore Case (the famous one where her 29 gold teeth were pulled and a feeding tube inserted against her will. she still loved to eat and ate quite well with 29 gold teeth in her mouth).  Please pray for Dennis Wians, he will need your prayers and support.

The Mary Sykes case still has no discovery. It was quashed in trial court and the ARDC refused to allow myself or Ken Ditkowsky discovery.  We need a trust accoutning.
We need to find out where the valuable coins are and other bank accounts.  The Treasury of the State of Illinois claims it can barely pay the bills.  But thieves in the courtroom take millions with impunity and uninvestigated. The Federal Govt has a tax rate of 50% for criminal gains.  Why no Illinois?  Why just 4%. Forget that nonsense.  Illinois needs to ratchet up the tax rate to criminals and START COLLECTING on the taxes when tax fraud by court actors is reported.

Also, why no push to test doctors, lawyers, judges, police, fire, teachers, p0liticians, etc., for psychopathy?  It can now be detected with a PET brain scan. These are very dangerous entities with no love, guilt, remorse, conscience and they only enjoy bullying, injustice and criminal activity.  These people should be tested and delicensed. Brain scans are now down to $600 each, according to a local commercial.

From Roseanna Miller–Deaf woman wins $600k judgment for ill treatment by police under ADA

Now the real question is, why are the deaf being covered by the ADA but elders and disableds suffering abuse, bedsores and chemical restraints generally receive no protection from our state and federal court system under the ADA?

http://www.huffingtonpost.com/entry/deaf-woman-nypd-lawsuit-settlement_us_5630da6ce4b00aa54a4bfef1

Deaf Woman To Get $750,000 For Hellish Ordeal With NYPD

“Deaf individuals have rights, and they do not have to tolerate discrimination and injustices of any kind.”

10/28/2015 01:18 pm ET | Updated Oct 30, 2015

NEW YORK — A New York City woman, who is deaf and says NYPD officers wrongfully arrested her and then ignored her pleas for an American Sign Language interpreter, has settled her lawsuit against the city for $750,000, a sum her lawyers say is the largest ever deaf discrimination settlement for a single person.

“Our client is pleased that she can now move on with her life and put this horrific situation behind her,” Andrew Rozynski and Eric Baum, the lawyers representing 58-year-old Diana Williams, said in a statement Tuesday.

EISENBERG AND BAUM LAW CENTER FOR DEAF AND HARD OF HEARING
Diana Williams won a $750,000 settlement in a lawsuit against the NYPD.

“Due to the immense barriers they face when trying to communicate with the hearing world, Deaf individuals often find themselves without a voice to assert their rights,” Rozynski and Baum added. “Deaf individuals have rights, and they do not have to tolerate discrimination and injustices of any kind.”

Williams and her husband, Chris Williams, both of whom are deaf, are landlords of a building in Staten Island. On Sept. 11, 2011, when the couple were trying to evict tenants who hadn’t paid rent, the boyfriend of one of the tenants allegedly gestured that he had a gun.

Chris then called for police using a video relay service — which the couple later argued should’ve signified to police that they would need a sign language translator. But when officers arrived on the scene there was no translator, and it was only the tenant and the boyfriend, both of whom can hear, who could communicate their side of the story.

Some deaf tenants in the building later testified that the officers rejected their offers to translate for Williams, who cannot hear, speak English or read lips. Instead, Williams was arrested for allegedly getting into a fight with one of the tenants.

Panicked, Williams attempted to scrawl “HOSPITAL” in the dust on the window of the police cruiser, according to The New York Daily News. She made it to “HOSP.”

Williams was detained for 24 hours, during which a translator was never provided. She was released without charge.

“It is a sad reality that Deaf individuals continue to experience blatant discrimination on a routine basis.”

In 2012, Williams filed the federal lawsuit against the city of New York alleging that she had not only been wrongfully arrested, but that NYPD officers had ignored police guidelines for how to deal with the deaf, and in doing so violated the Americans With Disabilities Act.

Earlier this year, lawyers for the city argued that an arrest was neither a “service, program, or activity,” and therefore did not fall under the Americans with Disabilities Act, according to Courthouse News.

But U.S. District Judge Valerie Caproni found the city’s argument woefully unpersuasive.

“New York City takes the extraordinary position that, even though the Americans with Disabilities Act has been the law of the land for 25 years, it has no obligation to provide any accommodation to the hearing-impaired at the time of an arrest, even if doing so could easily be accomplished without endangering the officers or the public safety and without interfering in the lawful execution of the officers’ duties,” she wrote in an August decision, allowing the lawsuit to proceed to trial.

Reached for comment Wednesday, a spokesman for the New York City Law Department said only that “settling this case was in the city’s best interest.”

Advocacy group Helping Educate to Advance the Rights of the Deaf. (HEARD), has documented at least 40 stories of police brutality against deaf Americans in recent years.

“These stories highlight the woeful lack of training about — and awareness of — Deaf culture and communication within police departments across the nation,” HEARD founder Talila Lewis wrote in a 2014 blog post for the American Civil Liberties Union. “They illustrate the urgent need for systemic change.”

“Perhaps as alarming as the frequency and severity of these assaults, is the infrequency and leniency of formal charges against the officers responsible,” Lewis continued. “Deaf survivors of police brutality and family members of deaf homicide victims tend to prevail in lawsuits against police, costing taxpayers dearly, but officers are rarely formally charged or dismissed for their actions.”

Last year, actress Marlee Matlin, who is deaf and is married to a police officer, made a video to help inform deaf people of their rights when interacting with police.

Williams’ lawyers, in their statement Tuesday, said “it is a sad reality that Deaf individuals continue to experience blatant discrimination on a routine basis.”

“Ms. Williams hopes that the settlement will send a message to all law enforcement agencies across the country that they should adopt proper policies and procedures to ensure full communication access for Deaf individuals,” they said.

From the American Family Physician Website–information on the dangerous use of psych drugs as chemical restraints in nursing homes.

Appropriate Use of Psychotropic Drugs in Nursing Homes

Am Fam Physician. 2000 Mar 1;61(5):1437-1446.

The Omnibus Budget Reconciliation Act (OBRA) of 1987 limited the use of psychotropic medications in residents of long-term care facilities. Updates of OBRA guidelines have liberalized some dosing restrictions, but documentation of necessity and periodic trials of medication withdrawal are still emphasized. Antidepressant drugs are typically underutilized in nursing homes. Tricyclic antidepressants have many side effects and thus are not preferred medications in elderly patients. Anxiety and insomnia are common problems in the institutionalized elderly. If behavioral measures are not successful, antidepressant medications with shorter half-lives may avoid drug accumulation, which can lead to excessive sedation, cognitive impairment and an increased risk for falls. In the elderly, antipsychotic medications can cause serious side effects, such as extrapyramidal symptoms and tardive dyskinesia. Newer antipsychotic drugs are less often associated with these side effects, but they should be used only for specific diagnoses and when behavioral and environmental measures are unsuccessful.

Improving the quality of care for nursing home residents has been a major concern for years. Recently, attention has focused on maximizing the appropriate use of psychotropic medications to manage agitation and other behavioral problems associated with dementia.

Mental disorders are present in a large percentage of the nursing home population. Antipsychotics, benzodiazepines and antidepressants are among the medications most commonly used to manage problem behaviors.1 Historically, antipsychotics and benzodiazepines have been used excessively (and without appropriate diagnosis or monitoring for side effects) in nursing home residents, often solely for the convenience of staff. Studies have found that most residents of long-term care facilities receive at least one psychotropic medication. Meanwhile, antidepressants have been underutilized because depression is often overlooked as a cause of behavioral disturbances in this population.2

The misuse of psychotropic drugs exposes patients to medication side effects and can lead to deterioration of medical and cognitive status. To combat this problem, the federal government passed nursing home reform legislation, the Omnibus Budget Reconciliation Act (OBRA) of 1987.3This legislation is directed at protecting residents of long-term care facilities from medically unnecessary “physical or chemical restraints imposed for purposes of discipline or convenience.”3

The Health Care Financing Administration (HCFA), an agency responsible for regulating nursing homes participating in the Medicare and Medicaid programs, developed interpretive guidelines for fulfilling OBRA requirements.4 These guidelines were implemented nationally in 1990 and remain in force5 (Figure 1).4 Updated guidelines were implemented in July 1999.6

View/Print Figure

HCFA Guidelines

FIGURE 1.

Summary of the Health Care Financing Administration (HCFA) guidelines.

Information from Health Care Financing Administration. Survey procedures and interpretive guidelines for skilled nursing facilities and intermediate care facilities. Baltimore: U.S. Dept. of Health and Human Services, 1990.

Summary of OBRA Interpretive Guidelines

All psychotropic drugs (antidepressants, anxiolytics, sedative-hypnotics and antipsychotics) are subject to the “unnecessary drug” regulation of OBRA. According to the HCFA guidelines,4“residents must be free of unnecessary drugs,” which are defined as those that are duplicative, excessive in dose or duration, or used in the presence of adverse effects or without adequate monitoring or indication. The remaining regulations apply to anxiolytic, sedative-hypnotic and antipsychotic drugs only.

Medical, environmental and psychosocial causes of behavioral problems must be ruled out, and nonpharmacologic management must be attempted before psychotropic drugs are prescribed to nursing home residents. Because treatment with psychotropic medications is indicated only to maintain or improve functional status, diagnoses and specific target symptoms or behaviors must be documented, and the effectiveness of drug therapy must be monitored. Specific dosage limits must be observed, and periodic dosage reductions or drug discontinuations must be undertaken. Side effects (of antipsychotics, in particular) must be monitored. Barbiturates and certain other older tranquilizers may not be prescribed unless they were being used successfully before a patient was admitted to a long-term care facility (Table 1).4 Phenobarbital can be used solely to control seizures.

View/Print Table

TABLE 1.

Drugs Not to Be Used in Nursing Homes*

Barbiturates

Amobarbital (Amytal)

Amobarbital-secobarbital (Tuinal)

Aspirin-butalbital-caffeine (Fiorinal)

Butabarbital (Butisol)

Pentobarbital (Nembutal)

Secobarbital (Seconal)

Other tranquilizers

Ethclorvynol (Placidyl)

Glutethimide (Doriden)

Meprobamate (Miltown)


*—In accordance with regulations relating to the Omnibus Budget Reconciliation Act of 1987, drugs listed in this table are not to be used unless started before admission to a nursing home, given as a single dose for a medical or dental procedure or used for the treatment of seizures (phenobarbital).

Information from Health Care Financing Administration. Survey procedures and interpretive guidelines for skilled nursing facilities and intermediate care facilities. Baltimore: U.S. Dept. of Health and Human Services, 1990.

OBRA restricts the use of antipsychotic drugs only in patients with dementia. None of the OBRA dosage restrictions or monitoring requirements apply in patients with psychotic disorders (e.g., schizophrenia).

Each nursing home is surveyed annually. Because facilities that do not meet HCFA’s legislated requirements may be denied Medicare reimbursement,7 physicians who prescribe medications for nursing home residents must document the medical necessity of noncompliance with regulations (e.g., drug prescriptions in excess of OBRA-mandated dosages). As a resource for physicians and facilities, a local consultant pharmacist reviews all charts monthly and assists with compliance.

According to the OBRA strategy, the long-term care facility, rather than the prescribing physician, is accountable for monitoring drug use.8 Some consider that this approach better reflects the realities of nursing home practice, in that the prescribing physician only visits the facility occasionally.8 Regardless of where final responsibility lies, physicians need to be aware of the HCFA interpretive guidelines for the fulfillment of OBRA requirements.

The updated HCFA regulations change some antipsychotic dosing restrictions.6  Medications considered potentially hazardous to the elderly are listed in Tables 2 and 3.9

View/Print Table

TABLE 2.

Drugs with a High Potential for Severe Outcomes in the Elderly

DRUGS COMMENTS

Psychotropics

Amitriptyline (Elavil)

Strongly anticholinergic and sedating

Barbiturates

More side effects than most sedative-hypnotic drugs; should not be used except to control seizures (phenobarbital)

Long-acting benzodiazepines

Long half-life and, hence, prolonged sedation; associated with an increased incidence of falls and fractures

Doxepin (Sinequan)

Strongly anticholinergic and sedating

Meprobamate (Miltown)

Highly addictive and sedating

Analgesics

Meperidine (Demerol)

Not effective when administered orally; metabolite has anticholinergic profile

Pentazocine (Talwin)

Confusion and hallucinations more common than with other narcotics

Miscellaneous

Antispasmodic agents (gastrointestinal)

Highly anticholinergic with associated toxic effects

Chlorpropamide (Diabinase)

Serious hypoglycemia possible because of the drug’s prolonged half-life

Digoxin (Lanoxin)

Decreased renal clearance; doses should rarely exceed 0.125 mg except when treating arrhythmias

Methyldopa (Aldomet)

Causes bradycardia and exacerbates depression

Ticlopidine (Ticlid)

More toxic than aspirin


Information from Beers M. Explicit criteria for determining potentially inappropriate medication use by the elderly. An update. Arch Intern Med 1997;157:1531–6.

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TABLE 3.

Drugs with a High Potential for Less Severe Outcomes in the Elderly

DRUGS COMMENTS

Analgesics

Indomethacin (Indocin)

More central nervous system side effects than any other nonsteroidal anti-inflammatory drug

Propoxyphene (Darvon)

Few advantages over acetaminophen and has narcotic side effects

Antihypertensives

Beta blockers

Can cause problems in patients with asthma or chronic obstructive pulmonary disease; may precipitate syncope because of negative inotropic and chronotropic effects

Reserpine*

Can cause depression, sedation and orthostatic hypotension

Miscellaneous

Antihistamines†

Highly anticholinergic

Cyclandelate (Cyclospasmol)

Generally ineffective for dementia or any other condition

Dipyridamole (Persantine)

Frequently causes orthostatic hypotension; of benefit only in patients with artificial heart valves

Ergoloid mesylates (Hydergine)

Generally ineffective for dementia or any other condition

Muscle relaxants

Increased cholinergic activity, sedation and weakness

Trimethobenzamide (Tigan)

Least effective antiemetic and can cause extrapyramidal symptoms


*—Reserpine is available alone (in generic form) and is also found in combination drugs such as reserpine-trichlormethiazide (Metatensin).

†—Over-the-counter and prescription first-generation antihistamines.

Information from Beers M. Explicit criteria for determining potentially inappropriate medication use by the elderly. An update. Arch Intern Med 1997;157:1531–6.

Impact of OBRA on the Prescribing of Psychotropic Drugs

Several multiyear, multifacility reviews have examined the impact of OBRA regulations on the prescribing of psychotropic drugs in nursing homes.2,7,8,10,11 Researchers confirm an encouraging trend toward increased awareness of the indications for neuroleptic drugs and the side effects of these medications.2

Since OBRA was enacted, overall use of antipsychotic drugs in nursing home residents has declined by nearly one third,10 and prescriptions for antidepressants have increased8 (by almost 85 percent in one study10). Furthermore, selective serotonin reuptake inhibitors (SSRIs), nortriptyline (Pamelor) and trazodone (Desyrel) are being prescribed significantly more often, and amitriptyline (Elavil) and doxepin (Sinequan) are being used less often.8

The prescribing patterns for anxiolytic and sedative-hypnotic drugs are less consistent. One large study documented a 12 percent increase in prescriptions for anxiolytics but found decreases in the prescribing of particular agents, such as diazepam (Valium) and diphenhydramine (Benadryl).8 Two studies2,7 unequivocally cited the implementation of OBRA regulations, rather than other educational and consultative interventions, as being responsible for decreased use of neuroleptic drugs and lower dosages of these agents when they are used.

A recent review11 found that specific guidelines (on appropriate diagnosis, target symptom documentation and reasonable dosage level) were widely followed, with compliance rates ranging from 70 to 90 percent. Less specific guidelines (on attempts to use nonpharmacologic interventions and the monitoring of drug efficacy and safety) were less well followed, with compliance rates below 55 percent.

Recommendations for the Clinical Use of Psychotropic Drugs

Prescribed judiciously, psychotropic drugs can enhance the physical and psychologic well-being of the elderly. However, altered drug disposition makes this age group particularly sensitive to undesirable side effects, which can lead to a decline in medical and functional status or the use of additional prescriptions and an increased risk of drug interactions. Psychotropic medications, including side effects and recommendations on use in the elderly, are briefly reviewed in the following sections.

ANTIDEPRESSANT DRUGS

OBRA requirements for the prescribing of antidepressant drugs are limited. The legislation mandates only documentation of an appropriate diagnosis, use of a reasonable dosage (Table 4), clinically acceptable duration of use and monitoring for common adverse reactions.

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TABLE 4.

Antidepressant Drugs and Dosages Preferred for Use in the Elderly

DRUGS GERIATRIC DOSAGE (MG PER DAY) SIDE EFFECTS
STARTING DOSAGE MAINTENANCE DOSAGE SEDATION AGITATION ANTICHOLINERGIC EFFECTS ORTHOSTATIC HYPOTENSION

Tricyclic antidepressants

Desipramine (Norpramin)

25

50 to 150

Low

Low

Low

Low

Nortriptyline (Pamelor)

10 to 25

40 to 75

Moderate

Low

Low

Selective serotonin reuptake inhibitors

Citalopram (Celexa)

20

20 to 40

Low

Low

Fluvoxamine (Luvox)

50

50 to 200

Low

Low

Paroxetine (Paxil)

10

20 to 30

Low

Low

Sertraline (Zoloft)

25 to 50

50 to 150

Low

Low

Miscellaneous

Bupropion (Wellbutrin)

100

100 to 400

Moderate

Low

Nefazodone (Serzone)

100

100 to 600

Moderate

Low

Low

Trazodone (Desyrel)

25 to 50

50 to 300

High

Low

Moderate

Venlafaxine (Effexor)

75

75 to 350

Low

Low

Low

Low


— = Very low or insignificant effects.

Nevertheless, choosing antidepressants with suitable side effect profiles is important in geriatric patients. The older tricyclic antidepressants, although highly effective, have side effects to which the elderly are especially sensitive. Of particular concern are excessive sedation, anticholinergic effects (dry mouth, constipation, urinary retention, blurred near vision, tachycardia and confusion), orthostatic hypotension and electrocardiographic changes. In elderly patients, it is better to use tricyclic antidepressants that cause less severe anticholinergic effects and orthostatic hypotension, such as nortriptyline and desipramine (Norpramin).

Subtle differences among SSRIs should also be considered. The half-lives reported for fluoxetine (Prozac) and its active metabolite are long (84 and 146 hours, respectively).12 Because of fluoxetine’s long half-life and the persistence of side effects (sometimes for weeks after discontinuation), this drug is generally not recommended for use in elderly patients. Sertraline (Zoloft) and its metabolite have considerably shorter half-lives (25 and 66 hours, respectively). Paroxetine (Paxil), which has no active metabolite, also has a considerably shorter half-life (24 hours) than fluoxetine.12,13

Most SSRIs are associated with significant drug interactions. Fluoxetine, paroxetine and, to a lesser extent, sertraline inhibit the metabolism of warfarin (Coumadin), cisapride (Propulsid), benzodiazepines, quinidine, tricyclic antidepressants, theophylline and some statins.12 In patients at risk for these interactions, citalopram (Celexa), a new SSRI now available in the United States, may offer an advantage. Studies have shown that compared with other SSRIs, citalopram has less of an inhibitory effect on the cytochrome P450 system.14 Citalopram is as effective as fluoxetine and sertraline in the treatment of depression.14

Trazodone and nefazodone (Serzone) are also recommended for use in the elderly. Both of these drugs are fairly sedating (trazodone more so than nefazodone) and therefore are useful in elderly patients with depression and agitation or insomnia. Because trazodone is associated with significant orthostatic hypotension, nighttime dosing may be preferable. If trazodone causes excessive sedation or postural hypotension, nefazodone is an alternative. However, nefazodone inhibits the cytochrome P450 3A4 pathway, and it may exhibit dangerous interactions with cisapride.12

Venlafaxine (Effexor) and bupropion (Wellbutrin) are effective, well-tolerated antidepressants that lack significant anticholinergic side effects. Because bupropion is structurally related to stimulants, bedtime administration should be avoided. Bupropion in dosages above 400 mg per day is associated with seizures.12 In dosages exceeding 200 mg per day, venlafaxine causes increased blood pressure in 3 to 13 percent of patients.12 Therefore, higher dosages of these drugs are not recommended.

The tetracyclic drug mirtazapine (Remeron) is another newer antidepressant. This drug is a weak blocker of alpha-adrenergic and muscarinic receptors. Because of these actions, mirtazapine can cause orthostatic hypotension and anticholinergic effects; however, these side effects are less severe than those occurring with tricyclic antidepressants. Somnolence has been reported by more than 50 percent of patients treated with mirtazapine.15 Research on the use of this drug in geriatric patients has been limited.12,15

Most antidepressants have a long enough half-life in the elderly that they may be given as a single dose in the morning or evening, depending on the sedative or activating properties of the particular drug. Dosages need to be titrated carefully: the more gradual the titration, the lower the likelihood of side effects.

Typical antidepressant dosage ranges are one half of those used in younger patients. Occasionally, however, a full dosage is needed to yield a therapeutic effect.

ANXIOLYTIC AND SEDATIVE-HYPNOTIC DRUGS

Benzodiazepines are indicated for the short-term management of anxiety and insomnia, but nonpharmacologic measures should be tried first. Emphasizing good sleep habits is a first step and should include decreasing afternoon caffeine intake, exercising regularly before dinner, avoiding naps, establishing regular sleep hours, treating nighttime pain, addressing nocturia and maintaining a comfortable bedroom environment (temperature, noise level, lighting, etc.).

When benzodiazepine therapy becomes necessary for older patients, it is preferable to use short-acting agents. Elderly patients can better tolerate temazepam (Restoril) and lorazepam (Ativan), which have relatively short half-lives (three to 18 hours and 10 to 16 hours, respectively) and relatively short durations of action.16,17 Long-acting benzodiazepines, which have half-lives that may exceed 100 hours, carry higher risks for elderly patients. Indeed, the continuous administration of a long-acting benzodiazepine can lead to profound confusion, cognitive impairment and falls. For this reason, OBRA guidelines permit the use of long-acting benzodiazepines in residents of long-term care facilities only if a trial of short-acting benzodiazepines fails.

Side effects of all benzodiazepines include excessive sedation, psychomotor slowing, cognitive impairment, confusion, forgetfulness, morning “hangover” effect, ataxia and falls. Occasionally, dysphoria, irritability and agitation develop in elderly patients treated with these drugs.16

Zolpidem (Ambien) is a newer medication with some advantages as a short-term sleep aid for the elderly. Compared with benzodiazepines, zolpidem appears to carry less risk for the development of tolerance, withdrawal phenomenon or rapid-eye-movement rebound. Side effects of zolpidem include drowsiness, dizziness, headache and gastrointestinal upset.17

OBRA regulations permit the use of antihistamines such as diphenhydramine and hydroxyzine (Atarax, Vistaril) for the management of anxiety and insomnia in elderly patients. However, even in low dosages, these drugs are associated with impairment of daytime functioning.17 Furthermore, the anticholinergic effects of antihistamines (delirium, confusion, disorientation, etc.) may exacerbate problem behaviors.17

Sedating antidepressants in low dosages are often used to treat insomnia. Nortriptyline (in a dosage of 10 to 25 mg per day) and particularly trazodone (in a dosage of 25 to 150 mg per day), which exhibits no anticholinergic effects, are well suited for use in geriatric patients.17

OBRA-specified dosages of commonly used anxiolytic and sedative-hypnotic drugs are listed in Table 5.

View/Print Table

TABLE 5.

Anxiolytic and Sedative-Hypnotic Drugs Commonly Used in the Elderly

DRUGS GERIATRIC DOSAGE (MG PER DAY)*
ANXIETY INSOMNIA ONSET OF ACTION

Short-acting agents

Benzodiazepines

Alprazolam (Xanax)

0.75

0.25

Intermediate

Estazolam (Prosom)

0.5

0.5

Fast

Lorazepam (Ativan)

2

1

Intermediate

Oxazepam (Serax)

30

15

Slow

Temazepam (Restoril)

15

Intermediate

Triazolam (Halcion)

0.125

Fast

Antihistamines

Diphenhydramine (Benadryl)

50

25

Fast

Hydroxyzine (Atarax)

50

50

Fast

Miscellaneous

Zolpidem (Ambien)

5

Fast

Long-acting agents

Benzodiazepines

Chlordiazepoxide (Librium)

20

20

Intermediate

Clonazepam (Klonopin)

1.5

1.5

Intermediate

Clorazepate (Tranxene)

15

15

Fast

Diazepam (Valium)

5

5

Very fast

Flurazepam (Dalmane)

15

15

Very fast

Halazepam (Paxipam)

40

20

Slow

Prazepam (Centrax)

15

15

Slow

Quazepam (Doral)

7.5

7.5

Intermediate


— = Not indicated.

*—The dosages given in this table are as established by the Health Care Financing Administration guidelines for fulfilling the requirements of the Omnibus Budget Reconciliation Act (OBRA) of 1987. They are not the maximum dosages. When the OBRA-specified dosage of a drug is exceeded, documentation of necessity is required.

ANTIPSYCHOTIC DRUGS

Because of their many deleterious side effects, antipsychotics should be used only as a last resort in the management of behavioral problems in the elderly (Table 6). The efficacy of these drugs for most problem behaviors is debatable. In several studies,5,8 antipsychotics have been no more effective than placebo. Some investigators believe that antipsychotic drugs should be used only for the management of psychotic features that cause patients “serious distress.”7

View/Print Table

TABLE 6.

Antipsychotic Drugs Commonly Used in the Elderly

DRUGS GERIATRIC DOSAGE (MG PER DAY)* SIDE EFFECTS
SEDATION EXTRAPYRAMIDAL EFFECTS ANTICHOLINERGIC EFFECTS ORTHOSTATIC HYPOTENSION TARDIVE DYSKINESIA

Phenothiazines

Chlorpromazine (Thorazine)

75

High

Moderate

Moderate

High

Yes

Fluphenazine (Prolixin)

4

Low

High

Low

Low

Yes

Mesoridazine (Serentil)

25

High

Low

High

Moderate

Yes

Prochlorperazine (Compazine)

10

Moderate

High

Low

Low

Yes

Promazine (Sparine)

150

Moderate

Moderate

High

Moderate

Yes

Trifluoperazine (Stelazine)

8

Low

High

Low

Low

Yes

Triflupromazine (Vesprin)

20

High

Moderate

High

Moderate

Yes

Thioridazine (Mellaril)

75

High

Low

High

High

Yes

Thioxanthene

Thiothixine (Navane)

7

Low

High

Low

Moderate

Yes

Butyrophenone

Haloperidol (Haldol)

4

Low

Very high

Low

Low

Yes

Dibenzoxazepine

Loxapine (Loxitane)

10

Low

Moderate

Low

Low

Yes

Dihydroindolone

Molindone (Moban)

10

Moderate

Moderate

Low

Low

Yes

Atypical antipsychotics

Clozapine (Clozaril)

50

High

Low

High

Moderate

Low

Olanzapine (Zyprexa)

10

Moderate to high

Low

Moderate to high

Moderate

Low

Quetiapine (Seroquel)

200

Moderate

Low

High

Moderate

Low

Risperidone (Risperdal)

2

Low

Low

Low

Low

Low


*—The dosages given in this table are as established by the Health Care Financing Administration guidelines for fulfilling the requirements of the Omnibus Budget Reconciliation Act (OBRA) of 1987. They are not the maximum dosages. When the OBRA-specified dosage of a drug is exceeded, documentation of necessity is required.

Common side effects of antipsychotics include sedation, anticholinergic effects, orthostatic hypotension, extrapyramidal symptoms and tardive dyskinesia. Extrapyramidal symptoms include dystonic reactions, pseudoparkinsonism and akathisia. All extrapyramidal symptoms are reversible on discontinuation of antipsychotic drugs.

Dystonic reactions are acute spasms of muscle groups and can result in a fixed upward gaze, neck twisting, facial muscle spasms causing grimacing, a clenched jaw and difficulty with speech. Often painful, dystonic reactions can be quite frightening to patients. These reactions typically occur soon after an antipsychotic drug is initiated.

Pseudoparkinsonism presents with classic parkinsonian symptoms such as rigidity, slowed movements, shuffling gait, slow, monotonous speech and pill-rolling tremor. The symptoms develop over a few weeks of antipsychotic drug therapy.

Akathisia is a form of agitation. Symptoms include inability to sit still, pacing, restlessness, foot tapping, and rocking and shifting of weight while standing. It can be difficult to distinguish akathisia from the agitation that is often present in patients with dementia. Akathisia generally appears days after the initiation of an antipsychotic medication.

Although often considered an extrapyramidal symptom, tardive dyskinesia is a separate, mechanistically distinct phenomenon. It is a long-term side effect that may persist after an antipsychotic drug is discontinued. Typical symptoms are rhythmic involuntary movements of the tongue, lips or jaw, such as protrusion of the tongue or puckering of the lips. Irregular involuntary movements of the extremities or spine are also possible. All traditional antipsychotics may cause tardive dyskinesia.

Older neuroleptic drugs are classified as high, moderate or low potency. Antipsychotic drugs with higher potency have a greater affinity for dopamine receptors and tend to cause more extrapyramidal symptoms. Antipsychotics with lower potency have a greater affinity for histaminic, alpha-adrenergic and muscarinic receptors. These drugs are more likely to cause increased sedation, orthostatic hypotension and anticholinergic effects. Elderly patients are sensitive to all these side effects.

Mounting evidence indicates that newer antipsychotics given in low dosages are much less likely to cause extrapyramidal symptoms.18 These drugs, which include clozapine (Clozaril), olanzapine (Zyprexa), quetiapine (Seroquel) and risperidone (Risperdal), have a greater affinity for dopamine-D2 receptors and are potent antagonists of the serotonin receptor.

Clozapine, olanzapine and, to a lesser extent, quetiapine may cause sedation, anticholinergic effects and orthostatic hypotension. Quetiapine has not been studied in the elderly.18 How this drug compares with other newer antipsychotics remains to be established.19 Risperidone is well tolerated,18 and several studies have demonstrated its efficacy in the management of psychotic and aggressive symptoms in patients with dementia.18,20 Risperidone, in dosages of 0.5 to 1.0 mg per day, has successfully alleviated behavioral disturbances in patients with Alzheimer’s disease.21,22 Clozapine is somewhat more difficult to use because of its association with agranulocytosis and the need for periodic monitoring of complete blood counts.

Final Comment

Psychotropic medications are sometimes required to maximize quality of life and functional status in nursing home residents. In tailoring pharmacologic regimens for these patients, physicians need to give careful attention to accurate diagnosis, appropriate dosing, side effects, drug interactions and pertinent drug pharmacokinetics. An ongoing evaluation of effectiveness requires reassessment at regular intervals to rethink medication regimens in light of changes in the health status of geriatric patients.

The Authors

show all author info

TATYANA GURVICH, PHARM.D., is a clinical pharmacologist in the family practice residency program at Glendale (Calif.) Adventist Medical Center. She received her doctor of pharmacy degree from the University of Southern California School of Pharmacy, Los Angeles, where she also completed a residency in geriatric pharmacology.

REFERENCES

show all references

1. Christensen DB, Benfield WR. Alprazolam as an alternative to low-dose haloperidol in older, cognitively impaired nursing facility patients. J Am Geriatr Soc. 1998;46:620–5.

Richard W. Sloan, M.D., R.PH., coordinator of this series, is chairman and residency program director of the Department of Family Medicine at York (Pa.) Hospital and clinical associate professor in family and community medicine at the Milton S. Hershey Medical Center, Pennsylvania State University, Hershey, Pa.

From Katherine Hine–Warning, the US govt is trying to legalize forced psych drugging!

Warning: A Psychiatric tsuNAMI is Upon U.S.

Warning: A Psychiatric tsuNAMI is Upon U.S.

Well, our government is at it again.

(However, one correction — HR 34 has already passed, it’s the “21st Century Cures” amendment to HR 34 we need to oppose.)

text of bill can be found here:

Click to access CPRT-114-HPRT-RU00-SAHR34.pdf

It is not clear if this is the last stop, or where in the process we even are, but as best I can tell: happening any moment, Congressman Tim Murphy (R, Pennsylvania) will be making another speech at another hearing about the Helping Families in Mental Health Crisis Act (H.R. 2646) which is now part of a new bill, H.R. 34.

H.R. 2646 was the controversial legislative package that did everything from increasing and sanctioning state-sponsored forced and court-ordered psychiatry to the re-organization of SAMHSA. There was not a group that went unscathed: babies, pregnant and lactating women, children, teens, adults, and veterans. The mixing of drug experimentation, programming, payments, delivery, tracking systems, prison systems, psychiatric systems, medical systems, educational systems—everything accounted for in 996 pages.

This new bill, introduced on the day after Thanksgiving, November 25, 2016 is part of a pattern of the government trying to slip controversial psychiatric policy through when no one is thought to be watching. We recently saw this with the FDA’s shock treatment regulation for comment being released days before the new year and due the day after a celebrated holiday.

This bill, H.R. 34, the Tsunami Warning, Education, and Research Act of 2015 [21st Century Cures Act] is the subject of a hearing at the Capitol, in H-313, tonight on Tuesday, November 29, 2016 at 5:00 PM. Among the most problematic issues this bill presents are multiple provisions for forced psychiatry not limited to IOC/AOT, ACT Teams, and Prison Psychiatry.

H.R. 34 also includes: SAMHSA reorganization, condoning of HIPPAA violations, electronic health records, a study of peer support specialists for future controls of the field, multiple attacks on young people and veterans, and a host of other potential human rights violations. Psychiatry is a fraud and this bill perpetuates it.

Tell your legislators to VOTE NO on H.R. 34!

Demand that your legislators stop sneaking controversial, damaging bills into other bills at the last minute. What is being called a “simple parliamentary procedure” seems rather shady to me. The legislature has not been able to pass some version of Murphy’s bill for years, and now they are going to try to sneak it in merged with the 21st Century Cures Act under the title Education, Research and Tsunami Warning Act of 2015. These actions further problematize our legislative processes.

It is urgent that people realize that no child will grow up without psychiatric evaluation. All people will become, in a generation or two, acclimated to being psychiatrized; psychiatry and its arms of drugs and institutions will become even more standard in our society.

At the very moment that people are becoming more vocal about the need for equality, eliminating racism and racist practices and systems, calling out sexism, homophobia, transphobia, xenophobia, and other forms of structural oppression, and addressing the outright fraud and other structural problems of psychiatry and its subdivisions, the government will solidify psychiatric practice in our society. This includes a great expansion of psychiatric reach into the prison industry and court systems.

Do not be fooled, this is a one way path that will allow the new administration the type of reach they want to keep us contained as they break down the existing structure, creating greater disparities, and further subjecting us, as a people who are already often oppressed, into further social control and subjugation to psychiatry.

Follow up with your legislators, and all legislators you can. Inform them about the dangers of psychiatry. Inform them about the dangers of this bill. Tell them that a bill that has been combined with multiple other bills totaling 996 pages (and involving who knows how many billions of dollars in taxpayer resources)—a bill that was introduced 3 business days prior to its hearing and 4 days prior to its assumed vote, under the name of a bill that has already passed, but has been deleted and replaced by this mess that has not been able to pass on its own for years—is not acceptable.

I am sure analyses of what the bill entails need to be made and many are working on making them. For now, take action. Call your elected officials today, tonight, tomorrow, and continue to do so to make your voice heard. The pro-psychiatry, pro-forced psychiatric treatment advocates are launching campaigns against us. We need to speak out, once again, for ourselves. No one else will. Make your calls now.

Find your Representatives in Congress

Find your Senators

H.R. 34 Bill Text

H.R. 34 Hearing Information

Those who want to take a closer look at this bill, please read on:

Even a cursory glance at the Table of Contents and the twenty-five titles it encompasses makes one have to take a deep breath to get the scope of how this bill can fundamentally transform our society—and not for the better.

Division A – 21st Century Cures starts off with Title I, NIH Innovation Projects and State Responses to Opioid Abuse. Title II includes Innovation Projects and includes privacy protections for human research subjects—a section called “High Risk, High Reward Research” is included here, as is the development of a “Taskforce specific to pregnant and lactating women.” These need to be read carefully.

Title III is Development and includes provisions such as patient-focused drug development, advancing new drug therapies, and a host of other sections designed for research on physical health.

Title V addresses Savings and this looks at issues of Medicare and Medicaid, and affects the Affordable Care Act.

Section VI looks at Leadership and Accountability and this is where the re-organization of SAMHSA is laid out and the provisions for the establishment of the “Interdepartmental Serious Mental Illness Coordinating Committee” can be found.

Title VII is designed for “Ensuring mental and substance use disorders prevention, treatment, and recovery programs keep pace with science and technology” and has both regional and national goals.

Title VIII is for “Supporting state prevention activities and responses to mental health and substance use disorder needs” that work on block grants.

Title IX is for “Promoting access to mental health and substance use disorder care” and these include grants for “treatment and recovery for homeless individuals”; “jail diversion programs”; “promoting integration of primary and behavioral health care”; “National Suicide Prevention Line” and other types of programs that track and turn in people to the system, acting as a pipeline to psychiatry. Section 9014 is “Assisted outpatient treatment” and Section 9015 is the Assertive Community Treatment grant program. It is important for people to specifically speak out against Sections 9014 and 9015 as inherently problematic for protecting human rights.

Subtitle B of Title IX is focused on “Strengthening the Health Care Workforce” and this includes education and training programs. Subtitle C targets college campuses.

Title X is for “Strengthening mental and substance use disorder care for children and adolescents” and increases pediatric access, programming, treatment, and interventions for young people, “screening and treatment for maternal depression” and Section 10006 is particularly worrisome, “Infant and early childhood mental health promotion, intervention, and treatment.”

Title XI is the loss of privacy rights under HIPAA (you may recall issues around Matsui’s billthat was basically incorporated into the structure).

Title XII further strengthens “Mental Health Parity” which works on the premise that psychiatry is as legitimate a science as physical health medicine, and perpetuates the fraud of the pharmaceutical and psychiatric industries, ensuring also that training, education, information and awareness of eating disorders are covered under these processes.

Title XIII is for “Mental Health and Safe Communities” Subtitle A includes the expansion and over reach of Law Enforcement and Psychiatry working hand in hand through Involuntary Outpatient Commitment (torture) “Assisted Outpatient Commitment” (as a second section in this same bill, here Section 14002. Title XIII also includes “Federal drug and mental health courts”; “mental health in the judicial system”; “Forensic Assertive Community Treatment Initiatives”; “mental health training for Federal uniformed services”; “school mental health intervention teams”; “Active-shooter training for law enforcement”; “Improving Department of Justice data collection on mental illness involved in crime”; and “Reports on the number of mentally ill offenders in prison”, further attempting to discriminate against people with psychiatric histories. In this section, the limited patients’ rights for the Department of Veterans Affairs are noted, and this of course is and continues to be a concern; for example, we know veterans and their fetuses are being subjected to shock treatment.

Subtitle B focuses on “Comprehensive Justice and Mental Health” in prisons and jails, local and federal law enforcement training, and GAO reporting and needs to be looked at very carefully in the future.

Title XV addresses Medicare Part A and reimbursements. Title XVI, Medicare Part B and treatment/payments/ and Continuing Access to Hospitals Act of 2016; all of which need thorough review.

Title XVII includes other Medicare provisions and XVIII still other provisions around employer health reimbursement.

Division D is “Child and Family Services and Support” and includes Title XIX, “Investing in Prevention and Family Services”, restructuring prevention services, programs, and payments as they relate to foster care, and perhaps one of the few sensible things, Section 19032, “Development of a statewide plan to prevent child abuse and neglect fatalities.”

Title XXI looks also and securing support for foster families and children and Title XXII addresses “reauthorizing adoption and legal guardianship incentive programs.”

Title XXIII is for “Technical Corrections” for data and programming and “Technical corrections to State requirement to address the developmental needs of young children.”

Title XXIV is for “Ensuring states reinvest savings resulting from increase in adoption assistance” and like “Title XXV, Social Impact Partnerships to Pay for Results” and the extension of the TANF program and other types of social supports, this needs to be read and understood.

From Ken Ditkowsky–Time to End the Silence! The public outcry for judicial accountability is deafening.

To:
Subject: Re: News Alert: Annoyed Dems dismiss recount as ‘waste of time’ – What should the real headline be?????
Date: Nov 29, 2016 2:13 PM
Take a look outside today – the Sun is out, the weather is mild, the air is fresh, and it is great to be alive.  It is even a quiet news day!    However, the media is up and at them pouring vitriol and irrelevancy into the atmosphere.
The real news of the day is obscured by nonsense such as the recount, who President elect Trump is going to appoint for his personal dog=catcher and who Senator **** objects to him because of his stand on *****.   However, lets look at two fact situations:
Fact situation 1.   An attorney, is involved in a company that supplies Hospice services to the dying.   He has a company, and is the Trustee of employee funds – such as their retirement funds.   It is discovered that this attorney in engaged in a fraud wherein he steals millions of dollars of Government health care funds.  Upon his discovery he steals the employee trust funds.   He is indicted and his trial is set.   At his trial he pleads guilty.
Fact situation 2.   An attorney is involved in the active practice of law.  During the course of his practice (or her practice) the attorney discovered that certain Judges are “wired”  (“fixed”) or otherwise corruption.   Pursuant to 18 USCA 4 and Attorney Rule 8.3 the attorney reports the criminal activity that he/she observes.
My question is very simple.   Which attorney is more ethically challenged?
Here in Illinois I am referring to actual cases that have been presented to the Illinois Attorney Registration and Disciplinary Commission.   The commission – affirmed by the Supreme Court of Illinois determined that the attorney in Fact Situation 2 was the not only unethical but deserved to have his/her law license suspended.   In two of the three cases in which this fact situation 2 occurred the offense was so obscene to the Supreme Court of Illinois that interim suspensions were imposed!
It is submitted that the two fact situations represent ipso facto represent serious problems for a democratic society.   The suppression of the duty of the legal profession to expose criminal conduct within the judicial system is not only reprehensible but a breach of the public trust.   It is one of the most serious breaches of the public trust as it is a ‘gold standard of corruption!’ and totally contrary to the core values of America.   Why is the media not interested?   Why is there no hue and cry?    How do the miscreants get away with their perfidy?
The fact is they do because the media is obsessed with worrying about non-issues and frightened to disclose Establishment political and judicial figures raping Ms. Liberty!   Like it or not, this scenario has been the proximate cause of the Sanders and the Trump movement.   It may sound like an old record, but no matter how the present political climate is couched the average American no longer is going to voluntarily tolerate from any political or judicial figure calling US stupid, or insisting that up is down, right is left, dark is light *****.
That said, the rumblings of dissent are starting to grow.   The cover- up is also gaining momentum!    No amount of recounts are going to change Wrong into Right or confuse fidelity and honesty with deceit and fraud.   That does not mean that the miscreants are not going to try.    The Attorney Registration and Disciplinary Commission is still going to try and we can expect that the Supreme Court of Illinois will rubber=stamp their perfidy.    The fact situation 1 scenario is the Seth Gillman proceeding.    The actual criminal acts of Seth Gillman were not sufficient for anything but cursory action on the part of the Attorney Registration and Disciplinary Commission of Illinois; however, when it became public that Mr. Gillman was co-operating with the FBI in its investigation of similar criminal scenarios the IARDC acted promptly – it requested from the Illinois Supreme Court an interim suspension of Mr. Gillman’s license.
Obviously, the alleged (now admitted) theft of trust funds, health care funds and fraud were to plebeian for such an ‘august’ group such as the IARDC to concern itself with; however, the co=operation of Gillman (like the facts in fact situation 2) merited immediate response.
NB.  it has been reported that the IARDC acted in a similar manner when Operation Greylord was being undertaken by the United States of America.
Why does the press (media) not cover such serious assaults on America by the public officials at the IARDC and the Illinois Supreme Court?     We all know the reason!     We also know that today is the day that we  – i.e. you and me – have to take some action to removed the corrupt public officials from office and shame the media into doing its job and honestly and appropriately exposing the criminals who prey on us (us being you, me and the great unwashed).
If we remain silent and allow the mainstream media to distract us from the duty that we have of protecting ourselves – we will have no democracy, no freedom, and no republic.
 
Ken Ditkowsky
From Joanne;
And I still note that the City Lawyers have not turned over numerous tapes of blacks and minorities being gunned down on Chicago’s South Side.  What attorneys are covering that mess up at the ARDC and costing taxpayers millions by enraging federal court judges to issue sanctions and the little guy gets no relief.
It has been reported on this blog highly suspicious property records by judges and clouted attorneys and the ARDC wherein it appears one person takes out a loan, and another (ingratiated and looking for quid pro quo) is paying it off; i.e. money and bribe laundering.
It would take the FBI or the states attorneys minutes to get a warrant and pull the bank records to see the type of individuals expecting quid pro quo for hundreds of thousands of dollars per miscreant.
This blog has been publishing this information for quite a long time now, yet no indictments have appeared on the horizon.
Illinois citizens should be asking why?  Is not the FBI still getting millions for investigations.  Is not the IRS and Illinois Dept of Revenue listening?
How much clout does it take to cover up hundreds of thousand in bribes?
Why was it determined that one states atty from a small county was found with $500k in her election campaign fund. Who put it there and what are they expecting for quid pro quo on that amount.
Just where are the state’s attorneys, OIG (Office of Inspector General) and the FBI on all of this.
Again, more questions than answers.
The Public deserves better from its elected and appointed officials who are paid hamsomely to do their job.
JoAnne

From Ken Ditkowsky–God Bless us all in Illinois, Tiny Tim, we sure do need it!

From Ken Ditkowsky;
This morning as I took my morning bicycle ride I looked at the beauty that surrounded me and crisp fresh air and was struck with the thought – IT IS GREAT TO BE ALIVE.     Now that I am retired, I do not have to give a damn!   Unfortunately I do!
It did occur to me after I send out my e-mail decrying the fact that here in Illinois it is ethically challenged to report criminal behavior by judges, lawyers, political officials, judicial officials and others who owe US fidelity, honesty, and integrity.  My e-mail goes on to complain that people who breach their fiduciary relationships and the public trust are held in very high regard by the Illinois Supreme Court and our Illinois public official.
A watchdog of the public morals actually barred an Icon of the Civil Rights movement from a public accommodation and when this outrage was reported not only was the media silent, but so was the political establishment.   No apology for the obvious racial discrimination was provided and even though I was “outraged” by racial discrimination occurring on public premises of the State of Illinois only the victim and I were not amused.   Indeed, the perk who did not don his white rob, patent leather shoes, mask and hood for the occasion did parade proudly his contempt for civil rights and equality before the law.    Indeed, public figure and Administrator of the Attorney Registration and Disciplinary Commission of Illinois had no shame for his overt racism or his overt assaults on the Bill of Rights and the Illinois Constitution.  (I am not going to bore you with a recitation of his miscreant and pernicious conduct).
Now for the humor!    The paragon of racial discrimination and warrior against the Bill of Rights is over-paid by the Illinois citizens to administer an agency that is funded by the public to protect the public!   We do this even though the State of Illinois is on the verge of BANKRUPTCY!     For this indulgement we have money to spend!   For education, mental health, infra=structure we in Illinois have no money!
So obscene is the Illinois political and judicial system we even engage our paragon of evil to teach LAWYER ETHICS!
God Bless us all Tiny Tim!    (we sure need it!)

From Ken Ditkowsky–All we want is an HONEST investigation

To:
Subject: Re: 2016 GAO report s/b out Wednesday – Senate Hearing 2:30 11/30/16 Dirksen Senate Office Bldg 562
Date: Nov 28, 2016 10:18 PM
All JoAnne Denison and I asked for was an HONEST INVESTIGATION  of a guardianship that was so flawed the flaws stuck out as sore thumbs.   The flaws were:  1) the Sheriff denied serving summons; 2) the jurisdictional criteria of notice to near relatives was ignored, 3) there was no hearing to determine either incompetency of the degree of incompetency, and 4) there were two guardian ad litem, the petition was improper, and the Judge admitted in her evidence deposition at page 91 that regardless of the evidence she would find the need of a guardianship.  (You cannot make this stuff up!)
 
The victim died and about 3 million dollars including a million dollars in gold coins disappeared!   Jerome Larkin the administrator of the Illinois Attorney Disciplinary Commission went the extra mile to cover-up the theft and eventual murder of Mary Sykes.   His cover-up continues unabated.
 
It is my impression that a simple solution to this elder cleansing scandal is to have the IRS appear at Mr. Larkin’s doorstep and demand that as he is a co-conspirator (and therefore has joint and several liability) that he pay the taxes, the interest and the penalties on the booty!   He might then do his job and an HONEST INVESTIGATION  would occur.   The miscreants have in the aggregate stolen billions of dollars.  With the interest and penalties the State of Illinois upon collecting the taxes, interest and penalties would be bailed out and the USA a windfall sufficient to rebuild its infra structure!    
 
The victims – such as Mary Sykes, Alice Gore, Carolyn Wyman ***** are all dead;   however – the miscreants and their co-conspirators all laugh all the way to the Bank.    The ‘wired’ judge was elevated to the Appellate Bench as a reward for her services to the miscreants in preventing an HONEST INVESTIGATION.      
 
So audacious are these criminals that they openly intimidate any who speak up.   They get away with it also:   Seth Gillman literally escaped the loss of his license as he admitted to committing hospice frauds.   (He was dragging the bottom of the barrel !)  However, when he started to co-operate with the FBI and his co-operation become public knowledge, Mr. Larkin and the Illinois Attorney Registration and Disciplinary Commission were quick to act!   The immediately filed with the Illinois Supreme Court a Petition for an interim suspension of Mr. Gillman’s law license.   It was interesting to note that before his co=operation was known, their quest for his license was about slim and none!    THE PENALTY IN ILLINOIS for even a sniff of co-operation in the fight against elder cleansing is Professional death!

From Roxi Lamb: need Court Watchers in Santa Ana and Victim Helpers

Need Court room Observers for upcoming court dates.
please contact me asap if you choose to help in other ways listed or not listed.

NEEDED:
NOTARY to take Marsden to Kathryn for signature with me and, hopefully, couple of witnesses.

Courtroom Observers needs asap for upcoming court dates.

AM STRIVING TO GET A MARSDEN MOTION DONE AND THAT WILL BE AS SOON AS POSSIBLE. SO ANYONE AVAILABLE FOR THIS WEEK OR NEXT WEEK, PLEASE LET ME KNOW.

The next known date is Tuesday, December 27, 2016 at 8:30am.

Superior Court

Central Justice Center

700 Civic Center Drive West

Santa Ana, Calif 92701

DEPT 60 … it is usually Commissioner Edmund Hall, but could be a stand in.

1) Please text me when you arrive and are parked. Please arrive at 8:15am at Dept 60 outside these entry doors on the 3rd floor to meet me.
2) Please check for Kathryn Stuart’s name on the outside of Dept 60 list to the left of the entry doors.
2) Please check the name on the name card in front of the judge’s bench

3) Please look professional (black is always good), have legal notepad and few pens or pencils with which to take notes.

4) I’ll be presenting docs to court clerk and need all to hear as clearly as possible as will be telling her to file the docs I have. Need you to hear her reply. I’ll ask her to repeat if I remember saying I can’t hear her.
5) I’ll be presenting docs to public defender IF WE ARE AT THE 12/27 DATE WITHOUT HAVING HAD A MARSDEN HEARING BEFORE.

5) Please type your notes after the event and email to me at: roxilamb@gmail.com. I’ll ask you a couple questions if need be to remind you of something that is urgent to see if you heard and then ask you to notarize your affidavit of facts and send me 4 copies to:

Roxi Lamb

1048 Irvine Avenue, #544

Newport Beach, California 92660

BESIDES COURTROOM OBSERVERS, I NEED MUCH HELP…HERE ARE SOME OTHER NEEDS:

MARSDEN DOCUMENT HELP
Observer coordinator who creates a phone tree, teleseminar to go over all info and what one is to do before, during and after.

Someone to pick up and return to/from court (my car was stolen).

COPY MAKER: Help making copies if anyone has a home copy machine as need 4-5 copies of each document.

RESEARCHER

PLACE TO LIVE ASAP for me… looking (to exchange healthy cooking – also do planning, shopping, and clean up – or health consultations or personal fitness training or good companionship for dining/cultural arts or rent) guesthouse, back house, studio, master bedroom (which has inside bathroom), or, at the very least, a private bedroom with full bathroom just outside the bedroom door.

PLACE TO LIVE for Kathryn who will be able to pay rent once she starts working but I expect it will take about 6 months for her to be able to rebalance and re-energize as has Cothard’s Syndrome which is a very rare syndrome for young females who have an extremely low level of nutrition and electrolytes as to be life-threateneing so one thinks they are dead. She has this from the 1.5 years in jail receiving no nutrition and no safe drinking water. Kathryn is being sexually assaulted since last August by deputies who also give her a shot where she passes out for three days. She just told me on November 9 and I’ve called and reported Nov 14, to the FBI but not sure if they have any good, honest people in there either. I was treated like scum just trying to get someone on the phone.

Thanks for any and all help.

I’LL BE GIVING A HEALTH TELESEMINAR FOR ALL HELPERS AFTER KATHRYN RELEASED OR ON A WEEKEND WHERE I CAN DO SO AS HAVE ALL DOCS DONE.

Roxi Lamb
949.878.7100

roxilamb@gmail.com

Teresa Lyle’s New Book on Sale for $9 thru Monday. Black Friday sale.

Black Friday sale–all Lulu.com books are 33% off!

Now is the time to order.

Teresa Lyles Book

65 Minutes

Paperback, 182 Pages
This item has not been rated yet
Price: $12.00
Prints in 3-5 business days
This is a true story of the horrors in Guardianship Court where Teresa Lyles, PhD lost her mother to an abusive system and several abusive “guardians” who allowed her precious Cuban mother to be drugged, isolated, tortured, forced to live in a locked down facility, where she eventually died, after being forced into a guardianship she did not want and did not authorize. She wanted to live in her own home or with her Protective Daughter, Teresa. Ms. Lyles discusses her early family life, how much she was loved, and how much she wanted to love her mother and care for her in her own home. But that was not to be, for her mother was put through the horrors of an abusive Guardian and Guardianship court and a maze of uncaring Judges and Lawyers who simply were in it for the money billing at hundreds of dollars per hour. The Guardians also just wanted the money and all complaints of abuse, chemical restraints, and where Mother wanted to live, were always ignored.
If you prefer, you can pay me and I will send you a signed copy for $15, inclg shi.  773-255-7608–You can text a check to me.
IF YOU ARE A COURT CORRUPTION VICTIM and would like to have me write a book for you or help you write a book and add in legal commentary on what they did was wrong, please email me at joanne@justice4every1.com and I will send you a book contract.

From Ken Ditkowsky –Mr. Larkin, the Gore and Sykes cases cannot be excused, nor may they be forgotten

Subject: Re: FULL RECOVERY — Where In The Hell Are My “Inalienable Legal Rights” & “Durable Legal Safeguards”?

When law enforcement becomes rigid, and the Rule of Law lack humility and humanity there is no civilization and no society.   The RULE OF LAW is intended to be the grease that keeps Democracy from being totalitarian.   Enforcement of the Law for vengeance purposes (or advancing a political cause) is a perversion of the RULE OF LAW.
Every public official (including the clouted Wealthy) must be held accountable; however, one has to remember another RULE OF LAW.   For every action there is an equal and opposite reaction.   For this reason we give prosecutors reasonable discretion as to when and how to deal with crimes.   Today America faces a crisis – our homeland is threatened.   (It does not matter who is responsible – the fact is that we are in personal danger).
As to guardianships, the RULE OF LAW makes it very clear that a guardianship is supposed to occur only in those rare situations wherein it is necessary and exist only to the extend needed so that the ward can reap the most benefit from the intervention.   The fact that we have literally thousands of instances of exploitation, abuse, and the murder of people tossed into these guardianships does not mean that all guardianships are bad.   The 4 GAO reports, along with the recounted cases on the Probate Sharks, MaryGSykes, NASGA, AAAPg blogs reveals specific cases of felony misconduct by corrupt judges, lawyers and others that are getting escaping appropriate punishment.
This corruption is the focus!   Each one of these cases is important and must be addressed by society if only to protect the elderly and the disabled in the future.   The corrupt judge in Alice Gore case the travesty of the guardian ad litem orchestrating the search for gold in the mouth of the elderly grandmother (along with the theft of 1.5 million dollars) cannot be given a pass.   Nor can any of the other criminal acts; however, we have to use rifle bullets to bring the miscreants to Justice.   I’ve suggested that society pick out targets for prosecution.
The ‘cover up’ of the elder cleansing scandal is particularly obnoxious.   Here in Illinois, Jerome Larkin and his Attorney Registration and Disciplinary Commission have distinguished themselves by their perfidy.   One of the ways to address such persons is to make them pay the Federal and State Income taxes on the booty.   With interest and penalties Mr. Larkin and his 18 USCA 371 co-conspirators owe hundreds of millions of dollars (jointly and severally) with the elder cleansers.   Making an example out of Mr. Larkin will discourage the political and judicial elite from using their clout to quash the tax collection and HONEST INVESTIGATIONS.   18 USCA 371 is a real inducement for public officials to do the right thing.    The 1.5 million plus interest, plus penalties sends a message.   In Civil Enforcement situations the BURDEN OF PROOF is on Mr. Larkin!   Lying to Federal Investigators is a separate crime!
As to the criminals who committed the actual crimes against the elderly and the disabled – garden variety criminal prosecutions have the desired effects!   I want to hear the Gore guardian ad litem explain why it was necessary to ravage the mouth of Grandma Gore to obtain the gold filings that were therein.  Maybe her explanation will be better than that of her cohorts who testified at the Nuremberg trials after WW2.

From Ken Ditkowsky and the WSJ–Law Schools raising the bar for accredition

The legal profession has exposed itself to charges of aiding and abetting serious corruption by its failure to address the WAR ON THE ELDERLY AND THE DISABLED promulgated by the Nationwide Elder Cleansing scandal as evidenced here in Illinois by the MarySykes case 09 P 4585, and the Alice Gore case in which a Court appointed Guardian ad Litem orchestrated the stripping of a senior citizen of her humanity and prior life.    How has the 2nd oldest profession reacted to public reaction?
Law Disciplinary Commissions and the State Supreme Courts have first attempted to silence critics and any lawyer who had the courage to follow Rule 8.3 and actually expose corruption.  They actively quash free speech and stifle discussion on corruption such that it appears it does not exist, when it reality it is rampant, judging from the dozens of valid citizen complaints brought in Illinois and throughout the US.    The Illinois Supreme Court has infamously disgraced itself by allowing Jerome Larkin to teach ethics and then expose his total abdication of his public trust.  Numerous pleadings filed with the Illinois Sup. Court to point out the Constitutional Rights of Lawyers to complain publicly have falled on deaf ears.   As a public figure Larkin memorialized either his disrespect for the State and Federal Constitutions or his ignorance by equating the MaryGSykes blog’s exposure of judicial corruption with “yelling fire in a crowded theater” and totally misrepresenting the holding of the SCOTUS in the Alvarez case.    The lawyers (paid with public funds) being administrated by Larkin has also proven themselves either grossly incompetent or totally incompetent as they have allowed the Supreme Court of Illinois to become a laughing stock as they rubber-stamp the assaults on the basic core principles of the State and the United States.    (NB.  How can it be reconciled with our core principles when Diane Nash – an icon of the Civil Rights movement – is denied entry into a public hearing?   Ditto for without evidence determining that a lawyer (Lanre Amu) was not telling the truth when the Judge accused does not deny the allegation and a respected publication – Crain’s Chicago Business makes the same serious averment.    The list of horrors continues being augmented almost daily.   The latest outrage that has been made public is the Seth Gillman case.   Why is an attorney who is patently guilty of serious crimes not a danger to the public when first disclosure of his perfidy?    It was a “joke” that Gillman’s crimes were given a pass by the IARDC (Supreme Court entity) when disclosed for more than TWO years; however, when it became public that he was co-operating with Federal prosecutors, bingo – Mr. Larkin and IARDC and the Illinois Supreme Court suddenly determined that Gillman should receive an interim suspension of the law license.   (Just coincidence?) 
The Government Accounting office has written no less than 4 reports to Congress detailing the serious subject of Elder abuse/Elder exploitation/Elder deprivation of Civil and Human Rights promulgated by corrupt Courts (another one is out or due to be out very soon).    Congress, the Legal Profession, the Establishment ***** all have done relatively nothing to address this problem and the incompetence or corruption exhibited by Jerome Larkin and others in similar positions to ‘cover-up’ the Elder Cleansing scandal have literally laughed all the way to the Bank.
Diversion and misdirection are the currency of the corrupt Judicial Establishment that is openly aiding and abetting the felonies of elder cleansing.    The American Bar Association has not covered itself with glory and is endeavoring to engage in another diversion as it is now being recognized that this judicial corruption is fostering the difficulty in achieving social reforms (including affordable health care).    The Philip Esformes case, while not focusing on the legal profession’s role in his felonies does disclose just how much money is involved in these fraud schemes.  (Esformes stole from Medicare a BILLION dollars).    The Esformes scenario is not limited to South Florida – it is a Nationwide scandal and it funds the 18th floor scandal (elder cleansing) at Chicago’s Daley Center *****.
As the organized Judicial Establishment did when OPERATION GREYLORD was disclosed, it (the Judicial Establishment) shed tears as it intentionally and wrongfully placed barriers up to protect the criminals within it own ranks.   Of course it did not work, a score of judges went to jail and several score of lawyers and judges were forced to retire or face prison.  In total, 117 sitting judge, police officer and lawyers were indicted during Operation Greylord..   It took a while for the crooks to re=establish themselves, but have no fear they are back and fighting tooth and nail to prevent any HONEST INVESTIGATION.
The latest gambit is connoted in today’s Wall Street Journal.    
 
Law school accreditors are getting tough on schools
Law School Accreditors Raising the Bar
 
How sad that large numbers of law students cannot pass the Bar.    The problem is serious; however, when the public finds that there are so many lawyers out there = such as Jerome Larkin – who have no respect for the core values of America, it is not hard to see why standards for becoming a lawyer must be enhanced, rather than induce law schools to teach how to pass the Bar.     A lawyer has a responsibility to STAND UP AND BE COUNTED when Government over steps and certain criminals within government act improperly.
 
The presiding jurist in the Sykes case admitted at page 91 of her evidence deposition taken by the Attorney Disciplinary Commission to being corrupted (wired).   Not only was she not held to be accountable but she was elevated to the Appellate Court of Illinois.   The Attorney Disciplinary Commission reacted – not to root out corruption or protect the public from an ethically challenged judge – they ‘covered up’ her criminal activity and he participation in the Elder Cleansing of Mary Sykes.    The lawyers who exposed the corruption were stripped of their law licenses in an effort to silence them.     Perjury, fraud, **** were the tools of the trade for the Attorney Disciplinary Commission and the Illinois Supreme Court.
 
Passing the Bar is not a problem for a student with average intelligence who obtains a basic knowledge of what the law is all about.   The law is a living breathing entity that must be fueled with integrity, honesty, and understanding of the role of the individual in a democratic society. A lawyer (who actually practices law) has to be alert to assaults on the core values of America and have the courage to speak out (and sometimes act) when those values are threatened.    The lawyer learns that talk is cheap = actions in defense of liberty speak much louder than words.    (see Probate Sharks, MaryGSykes, NASGA, AAAPG blogs)   Today it is unsafe to grow old!    Lawyers are guilty of aiding abetting this American holocaust!   No wonder so many prospective lawyers fail to pass the Bar!!!
 
From Joanne;
It seems to me laws are clear and it does not take a genius to be a lawyer; however what is grossly lacking in lawyers these days (and the public will assuredly agree wholeheartedly) is a moral compass.
Today we have PET brain scans for psychopathy which detect if a person’s brain is ever used for sympathy, empathy, guilt and remorse.  It turns out these feelings do in fact give us a moral compass.  I regularly hear from the internet and print and audio media that scans are now down to about $600 each, including diagnosis. Why isn’t SCOI and the ARDC requiring these tests and that they must be published for all licensed lawyers. Certainly a strong diagnosis of psychopathy should bar someone from being licensed as a lawyer, and further, already licensed lawyers should be required to take a PET brain scan for psychopathy if they have any complaints filed against a lawyer on ethical or moral grounds.
It is imperative that the authorities catch up with advances in science and begin by first testing themselves.
JoAnne

From Ken Ditkowsky on covering up Illinois corruption in government

On 2016-11-19 09:06, ‘kenneth ditkowsky’ via Lawsters wrote:
Yesterday I received an e-mail from my daughter which I forwarded by e-mail to everyone in sight.    (Analysis of the election continues, noting that many candidates did well by simply challenging the establishment).
What is so wrong with the establishment?     Why is “establishment” such a dirty word?      The e-mail that I forwarded points out in simple words of one syllable the answer.      Political correctness.     It is now politically correct to abuse, exploit, and dehumanize the elderly and disabled, however, it is not politically correct to talk about it.
 
When Diane Nash, an icon of the Civil Rights movement sought to obtain the public accommodation of attending one of the kangaroo hearings involving the demonization of Attorney JoAnne Denison, she was barred from the hearing.    How was this act of racial discrimination rationalized?     It was not – the agent of the Supreme Court of Illinois (Jerome Larkin) just ignored the anguished calls!     The Establishment did not call him on it, nor will they.     Larkin knew that there was a vacant seat right next to me – however, he would not even give the usual insincere apology that is so common amongst the political set.    Simply put – it is politically correct to deprive persons of their civil rights as long as you have sufficient clout and your standing in the establishment is intact.
 
It goes without saying that it is politically correct to take citizen’s FIRST AMENDMENT RIGHTS  away if they do not comply with the current political view.     For instance, JoAnne Denison’s blog MaryGSykes exposes judicial corruption and has called for an HONEST INVESTIGATION of the Mary Sykes, Alice Gore, Carol Wyman ***** cases, and points out that at page 91 of her evidence deposition, the Honorable Maureen Connors admitted to being corrupt, in words and phrases admitting that she was ‘wired’ (‘fixed’) when hearing the Mary Sykes case.      To the politically correct Illinois Supreme Court, Attorney Disciplinary Commission (IARDC) and of course the “administrator of the IARDC, Jerome Larkin, the First Amendment does not apply to citizens who disagree with Establishment’s War on the Elderly and the Disabled.      He wrote to the Supreme Court of Illinois that the exposure (in the blog) of judicial corruption was akin to yelling “fire in a crowded theater!”     To attempt to silence Ms. Denison the Supreme Court of Illinois ordered that he license to practice law be suspended!      Simply put – if a lawyer complains of corruption or the elder cleansing of the elderly and the disabled it is not politically correct and that lawyer’s Civil rights are forfeit.
 
In the Lanre Amu case the political correctness was taken to a National Socialist extreme.     Amu was suspended from the practice of law because not only did he complain that Judge Egan was hearing a case in which she was a member of the Board of Directors of the defendant (and her brother was an attorney for the defendant) but he had the temerity to have the wrong skin color and worse yet – a prestigious business publication (Crain’s Chicago Business) made the same charge.    Mr. Amu was suspended from the practice of law by the Illinois Supreme Court.    Simply put – if a lawyer complains of corruption and has a dark hue to his skin, such is ipso facto politically incorrect and that lawyer must be suspended from the practice of law for his audacious failure to be politically correct.    The political incorrectness is gross and lacking respect for the Establishment.     Practicing Law while Black is inexcusable in the eyes to the Illinois Supreme Court.
 
Political correctness is the Law of the Land and it obviates even the State and Federal Constitutions.     Of course, it is not politically correct to point this fact out and therefore the weight of the Establishment must be throw at the offender.   WikiLeaks exposed the e-mails of the Establishment at the Democratic National Committee attempting to quash Bernie Sanders’ revolt against the Establishment.     Probate Sharks, MaryGSykes, NASGA, AAAPG **** and other blogs have attempted to expose the plot of the Establishment to extinguish and cover-up the Establishment’s War against the Elderly and the Disabled.  
 
Political leaders, such as Illinois’ senior senator are successfully leading the Political correctness movement and the War on the Elderly and the Disabled.     I wrote to the senior senator requesting his assistance.   I received his reply – a copy of a stupid speech he gave on “saving Social Security.”    I wrote the junior senator – he was defeated in the last election.    I personally called for an HONEST INVESTIGATION – the Supreme Court of Illinois suspended my law license and forced my retirement.
 
The battle goes on –  the Chicago Tribune Article is worth repeating!
 
From Joanne–Ken is absolutely right.  In my ARDC hearing all my witnesses were barred except two (disabled Kathie Bakken and her elderly mother Yolanda), and was told “no discovery.”  The ARDC rules do not permit discovery without  permission from the Tribunal–and of court they did not feel I needed discovery (this is not to mention that the Chair Sang Yul Lee is business partners with Thomas Matyas and he is the brother in law to Lisa Madigan, and Lisa Madigan is famous (see Blog and Tribune and Craig’s Chicago Business) on that issue.
Craig’s Chicago Business and the Chicago Tribune have reported widely on the misdeeds of lawyers, but nothing every comes to their lawyers on staff.  But if you are an individual lawyer fighting for the little guy and turning over information to the authorities and the FBI on corruption–they go after you lock, stock and barrel, and that is what they did to myself, Lanre Amu and Kenneth Ditkowsky.  None of us were allowed discovery.  The ARDC went out of its way to make sure the family complaints did not get into the record.
We still don’t know where the $1 million in missing gold coins are from the Syskes 09 P 4585 case are, nor do we know where approximately $1.5 million in assets from Alice Gore’s estate are–no discovery permitted there either.
What we do have is one Probate Judge–Maureen Connors noting for the record that no matter what happened, even if she had to dismiss the case for lack of jurisdiction, it would simply be refiled and she would come to the same conclusions.
How can that be?  She will skip an investigation into how the case came to be running for years without jurisdiction and that no lawyers or GALs involved should ever be punished for that?  Lawyers that know there is no jurisdiction or service upon Mary and notice to her elderly sisters should not be disciplined for that.  Does this mean she would still quash discovery so no one would know where the $1 million in gold/silver coins and no Trust Accounting would ever be performed and filed with the court, sent to the beneficiaries who are entitled to a Trust Accounting?
Gloria filed numerous objections and motions.  Most were just stricken from the record without comment.  In cases, where there was comments, they were horrific (when Gloria’s attorney asked for Discovery of Carolyn, the Judge quipped, “why would you want that?”.,  when it was pointed out to the Judge there was no jurisdiction in the case, the judge parroted the GAL’s who said the matter had been considered numerous times and the motion was denied. When I delivered a stack of all the orders to the judge showing there had been no prior ruling on jurisdiction, and Gloria brought it to the Judge’s attention, nothing ever came of it.
In Robert Grundstein’s new book, “Bad Minds/High Places”, he describes numerous court systems which also refuse to do justice except for the clouted and connected, and he tell the tale of his own mother’s estate where the Trustee (an attorney) stole tens of thousands of dollars.  When RG filed a motion for an accounting and distribution of property, as was his right, he was sanctioned.  When he filed a motion to reconsider, he was sanctioned again. Then when he appealed, he was sanctioned again.  All for asking for an accounting and distribution of property that rightfully belonged to his Mother’s Trust.  More than $20k in sanctions were awarded against him merely for asking for an accounting that that Trust proceeds be distributed to the rightful beneficiaries.
You can read his book here:
for $12 it is an eyeopener regarding the nadir to which lack of justice has sunk in various courtroom across the country.
It is time now to demand the Illinois Atty Registration and Disciplinary Commission do their job.
More than 30+ videos of the Chicago Police killing unarmed innocent citizens still have not been produced in numerous courtrooms in Cook County.  The City Law Department should be discipline and disbarred for not turning over these crucial videos to bereaved family members.
We have to stand together on doing Justice in Chicago, Cook County and Illinois.
There were many inexperienced upstarts in the last election.  Many just complained about how horrible the situation was in US government and did not offer any real solution.
They won nonetheless.  People are tired and fed up with all of the lack of transparency and accountability.  They made a statement: Time for a change.

From Ken Ditkowsky and the Chicago Trib; the Illinois expansive Cover Up Culture

http://www.chicagotribune.com/news/watchdog/ct-group-home-investigations-cila-met-20161117-htmlstory.html


News Watchdog

TRIBUNE WATCHDOG

SUFFERING IN SECRET:

Illinois hides abuse and neglect of adults with disabilities

Barbara Chyette holds up a picture of her late brother, Loren Braun, a group home resident who choked to death during a supervised outing. (John J. Kim / Chicago Tribune)
By Michael J. Berens and Patricia Callahan
The house had no address; the dead man had no name.
Illinois officials blacked out those details from their investigative report. Nobody else was supposed to learn the man’s identity or the location of the state-funded facility where his body was found.
The investigation was closed as it began, with no public disclosure, and the report was filed away, one of thousands that portray a hidden world of misery and harm.
No one would know that Thomas Powers died at 3300 Essington Road in unincorporated Joliet, in a group home managed for adults with developmental and intellectual disabilities.
Or that his caregivers forced a 50-year-old man with the intellect of a small child to sleep on a soiled mattress on the floor in a room used for storage.
Or that the front door bore a building inspection sticker that warned, “Not approved for occupancy.”
Not even Powers’ grieving family knew the state had looked into his death and found evidence of neglect.
As Illinois steers thousands of low-income adults with disabilities into private group homes, a Tribune investigation found Powers was but one of many casualties in a botched strategy to save money and give some of the state’s poorest and most vulnerable residents a better life.
In the first comprehensive accounting of mistreatment inside Illinois’ taxpayer-funded group homes and their day programs, the Tribune uncovered a system where caregivers often failed to provide basic care while regulators cloaked harm and death with secrecy and silence.
The Tribune identified 1,311 cases of documented harm since July 2011 — hundreds more cases than publicly reported by the Illinois Department of Human Services.
Confronted with those findings, Human Services officials retracted five years of erroneous reports and said the department had launched reforms to ensure accurate reporting.
To circumvent state secrecy, the Tribune filed more than 100 public records requests with government agencies. But state files were so heavily redacted and unreliable that the newspaper had to build its own databases by mining state investigative files, court records, law enforcement cases, industry reports, federal audits, grant awards and Medicaid data.
The Tribune found at least 42 deaths linked to abuse or neglect in group homes or their day programs over the last seven years. Residents fatally choked on improperly prepared food, succumbed to untreated bed sores and languished in pain from undiagnosed ailments.
Other residents suffered forced indignities and loss of freedom, state records show. Some were mocked for their intellectual limitations, barricaded in rooms, abandoned in soiled clothing and deprived of food.
A male group home resident, accused of stealing cookies, was beaten to death by his caregiver. Employees at one home bound a woman’s hands and ankles with duct tape, covered her head with a blanket and left her for several hours on the kitchen floor. For their own amusement, employees at another home repeatedly ridiculed residents to provoke outbursts, a game the caregivers called “breaking them.”
And, all too often, vulnerable residents’ health and safety has been left to unlicensed, scantly trained employees. Front-line caregivers failed to promptly call 911, perform CPR or respond to medical emergencies that resulted in death.
In hundreds of cases, the department allowed employees of group homes to investigate allegations of neglect and mental abuse in their own workplaces, the Tribune discovered. That alliance between group homes and Human Services’ investigative arm, the Office of the Inspector General, is not specifically disclosed in state investigative reports.
Citing patient privacy laws, state officials maintain that the addresses of the more than 3,000 state-licensed group homes are secret. Illinois officials refuse to disclose the enforcement history of any home, even in cases of fatal abuse and neglect.
In contrast, Illinois nursing homes must maintain copies of investigative reports and surveys for public inspection. Additionally, state health officials publish a quarterly report detailing violations accompanied by nursing home names and addresses. There are no similar disclosure requirements for group homes.
In this culture of secrecy, even seemingly benign records get shielded from sight. For example, the Tribune requested a state-funded PowerPoint presentation that included a list of needed improvements to community care programs, including group homes.
The state responded. Except for the word “Recommendations,” the entire slide was blacked out.
Citing the Tribune investigation, Human Services Secretary James Dimas has ordered widespread reforms to improve public accountability and streamline investigations.
“My concern is that too often agencies hide behind their confidentiality statutes, which makes it harder for the public to know what is going on,” said Dimas, who was appointed last year.
Dimas said he will push for legislative changes, if necessary, to allow public disclosure of group home enforcement histories.
The shift in Illinois from large institutional facilities to less costly residential homes reflects the philosophy that these individuals, if supported, will lead fuller lives in the community, and more than 11,400 now live in group homes statewide.
Known as Community Integrated Living Arrangements, or CILAs, these homes accommodate eight or fewer adults in ordinary apartment buildings or houses.
The Arc of Illinois, a statewide advocacy group, reports that hundreds of people with disabilities have successfully transitioned into group homes in recent years. In 2011, a lawsuit brought by individuals who wanted to leave state-funded facilities resulted in a court decree that has forced Illinois to move more people into community settings.
State officials have touted group homes as a preferred option, citing cost savings that can be used to fund more community care. The annual cost of care for an institutionalized resident is about $219,000 compared with $84,000 at a group home, according to state records.
But Illinois has not increased reimbursement rates for group home staff wages in nearly nine years, leading to what industry leaders say are catastrophic conditions in which even the best operators are struggling to provide basic care. Illinois ranks among the five worst states for adequately funding community options, according to federal reports and studies by advocacy groups.
Shirley Perez, who directs a family advocacy program for the Arc of Illinois, said: “Some of the phone calls I get from families are that they are afraid.”
Powers, born with a condition that led to brain damage, spent decades inside state institutions, unable to talk, unpredictable in behavior. When state officials promised him a better life in a real home and told his family he’d gain independence, Powers said yes the only way he knew how. He giggled.
But this was not the life that Powers found. Nor did thousands of other adults with developmental and intellectual disabilities, left to the mercy of a system designed to be invisible.
Joe Powers talks about his late son, Thomas, at his daughter Kathy’s home in Aurora. (John J. Kim / Chicago Tribune)
Failures of care
In one Will County group home, state records show, a caregiver left a frail woman alone in the bathroom after filling the bathtub with water, unaware that it was scalding because a maintenance worker forgot to install a temperature-control valve. The woman tumbled into the tub and was severely burned. The Trinity Services caregiver put the woman to bed, later pulled socks over her peeling, bleeding skin and didn’t seek medical help for more than an hour. The woman died days later.
At a Springfield home owned by Sparc, a caregiver forgot to give a man his anti-seizure medication before sending him to a day program in 2013. Rather than deliver the pills, investigators found, the caregiver told a colleague to throw them into the trash. The man suffered a major seizure, turned blue and was treated at a hospital.
A caregiver at a Macomb group home managed by Mosaic allowed a man to sleep with a stuffed snowman even though he had been diagnosed with pica — a disorder that compels people to eat nonfood items — and had a history of consuming stuffing, according to inspector general records. In 2012 the man tore open the snowman, ate the filling and choked to death.
In case after case, group home businesses have delegated frontline care to inexperienced caregivers with negligible training, a cost-cutting combination that has led to harm, the Tribune investigation found.
Indeed, when the newspaper reviewed more than 200 substantiated cases of abuse and neglect, it found the vast majority of injuries and deaths are linked to inadequate staffing levels and failure to closely monitor fragile residents. Records show caregivers trying to cover up mistakes, failing to understand dangers of missed medications and underestimating the complex nature of disabilities.
Sparc’s chief operating officer, Ryan Dowd, said his company fired the caregiver who directed a colleague to throw out anti-convulsant medicine, added more surveillance cameras in its group homes and switched from paper to electronic medication records so a nurse can better catch mistakes.
Nancy Davis, a Mosaic vice president, said her organization dismissed the caregiver who allowed the man to sleep with a stuffed snowman, hired outside behavioral experts to address the needs of residents with pica and retrained caregivers on how to protect those individuals.
Caring for adults with profound intellectual and developmental disabilities can be challenging. Some have the strength of a weightlifter with the impulsiveness of a child. In the blink of an eye, they can find themselves in crisis.
Yet caregivers in group homes earn an average of $9.35 an hour, according to the Illinois Association of Rehabilitation Facilities. That wage is below the federal poverty level for a family of three. Low pay is a contributing factor in high staff turnover — more than 40 percent annually in some homes.
“Staff turnover — it’s like a cancer that affects care,” said UCP Seguin of Greater Chicago CEO John Voit, who has worked in the industry since the 1970s.
Group home executives complain that inadequate state funding has not allowed the industry to increase entry-level pay or raise existing salaries to retain skilled supervisors. They say caregivers can earn more money in many other industries, citing the experienced employees who recently resigned to take higher-paying jobs at Amazon warehouses.
To fill vacancies, business operators said they have turned to workers whose backgrounds would have disqualified them from jobs in the past.
“You’re scraping the barrel,” said Little City Executive Director Shawn Jeffers, whose agency’s services include group homes for adults with disabilities in the Chicago area. “I have some folks who do some really dumb stuff.”
Responding to what group home owners call a staffing crisis, state lawmakers in both houses this summer overwhelmingly approved $330 million in funding to boost pay for caregivers. But Gov. Bruce Rauner vetoed the measure in August, citing a lack of state funds.
The Tribune also found that the group home industry is exempt from basic staffing standards required elsewhere in the state’s long-term care system.
Nursing homes, state institutions and other extended-care facilities are required by law to employ on-site registered nurses who can detect and react to sudden changes in patient conditions. Even low-level employees must be state-certified aides who update skills through continuing education.
Group homes are not bound by these requirements. Many group home residents are not examined by a licensed nurse for weeks at a time, sometimes for many months, state enforcement records show. Instead, registered nurses often work from remote locations and supervise dozens of residents over the telephone.
Some unlicensed workers also are allowed to pass out prescription medications — a practice prohibited by law at nursing homes and state-owned facilities.
These and many other relaxed policies place group home residents at greater risk of undetected complications.
Few daily activities underscore the dangers of thin staff or the critical role of competent caregivers like the simple act of eating.
In 2014, a UCP Seguin group home resident attending the company’s day program in Cicero choked to death on a marshmallow that a caregiver handed out as a treat. The victim had dysphagia, putting him at high risk of choking, and staff were supposed to give him only pureed or finely chopped foods, the inspector general found. UCP Seguin CEO Voit said his organization, one of the state’s largest group home providers, has retrained staff on choking risks and revised safety protocols.
That same year, a man at a Trinity Services group home in Peoria fatally choked on a cheeseburger, carrots and applesauce when a caregiver stepped away. The victim’s medical files warned he often swallowed food too fast and needed close supervision, but staff members were not properly trained about his special needs, state records show.
In response, Trinity Service officials said, they created a training manual for each group home that details how to monitor residents with diet restrictions and choking risks, including pictures that illustrate how to chop or puree food properly.
For Loren Braun, death came from a McDonald’s hamburger and an inattentive caregiver who had been hired specifically to watch him.
At 61, Braun had no teeth and couldn’t wear dentures. Born with developmental disabilities and diagnosed with schizophrenia, he had lived since 1997 in a North Side group home managed by Anixter Center.
Braun had a history of choking. His food had to be soft and cut into tiny pieces, and someone had to coach him at every meal to eat slowly and drink water between bites.
Braun’s sister, Barbara Chyette, tried to protect her younger brother as best she could.
Loren Braun, who had no teeth and couldn’t wear dentures, choked to death on food during an outing away from his group home. (Family photo)
As a former social worker at an Ohio psychiatric hospital, she saw the advantages of a small group home but feared that staffing levels were often inadequate for high-risk residents.
Tapping a family foundation set up by her late father, a postal worker, she donated money to pay Anixter for an extra caregiver to shadow her brother three days a week. She also donated a van to the home for community outings.
In November 2014, caregivers loaded Braun and four other residents into that van for grocery shopping, haircuts and lunch at a McDonald’s. After returning to the group home, a caregiver discovered Braun unconscious in the back seat.
A Chicago Fire Department paramedic reported that he removed “almost an entire hamburger” from Braun’s mouth and airway but was unable to revive him. He had choked to death.
State investigators cited his personal caregiver for egregious neglect. In a wrongful death suit, Chyette alleges that Anixter failed to address his choking risk, served her brother unsafe food and didn’t protect him from neglect. Anixter executives declined to comment.
“Loren was like a baby,” Chyette said. “Like you would have to be with a 2-year-old or 3-year-old — that’s the kind of supervision that clients like Loren need. And the system does not provide that kind of supervision.”
The attacker next door
Illinois group homes were first licensed in the 1970s as state-funded community options for adults with intellectual and developmental disabilities, the beginning of a civil rights movement to empty large institutions and nursing facilities.
This shift offered freedom and independence to scores of people with disabilities who were inappropriately consigned to institutional care. But as state downsizing continues, group homes are also destinations for individuals with a history of profound problems, often compounded by mental illness, requiring round-the-clock supervision for their safety and the safety of other residents.
A majority of group home businesses report that they cannot afford to provide that level of protection, according to industry trade groups.
Fragile individuals with disabilities sometimes live alongside those who have a history of violence or sexual aggression, a risky mix that has led to injury and death, state records show.
Group home owners are not required to report resident-on-resident assaults to the inspector general’s office unless someone suspects that neglect was a factor, according to state law.
But law enforcement and state investigative reports reveal a troubling pattern of violence at group homes since 2010, including three homicides.
At a Trinity Services group home in Peoria in 2010, John Vogel, 45, was fatally beaten by a resident whose acts of violence had sent two employees and two housemates to the emergency room months earlier, according to inspector general and coroner records.
At a Bolingbrook group home managed by Individual Advocacy Group, Eduardo Formanski, 30, suffocated after another resident, who weighed nearly twice as much as he did, lay on top of him during a fight in 2011, according to police, court and medical examiner records.
That same year, Tramayne Yarbrough, 35, died of head injuries after a housemate pushed him down the stairs of a Palos Park group home operated by St. Coletta’s of Illinois, according to medical examiner and inspector general records. The assailant had a history of physical aggression and had pushed someone else down the stairs about two months earlier, the inspector general’s office found.
Responding to questions about the Vogel homicide, Trinity Service officials said they had provided extensive behavioral therapy to the resident responsible for the attack. Afterward, they said, group home employees received enhanced training to better deal with aggressive residents.
Addressing the death at the Bolingbrook home, an official for Advocacy Group said it was the only fatal incident in the group home’s 17-year history. Attempts to reach St. Coletta’s of Illinois for comment were unsuccessful.
Residents have also been victimized sexually by other residents, records show.
At a West Side day program operated by group home provider Habilitative Systems, a 33-year-old man had a behavior plan that addressed his history of sexually inappropriate behavior, including “engaging in sexual activity without consent.” The staff was supposed to make sure he remained at least 3 feet away from program participants, and his care plan called for employees to accompany him even to the restroom.
But in July 2010, the man wandered away unnoticed and entered an unlocked restroom where he allegedly persuaded a 27-year-old man to perform oral sex, according to a state report that cited a witness account by a third man who entered the restroom and discovered the pair.
An investigator with the inspector general’s office termed the sexual act consensual, even though the younger man had profound disabilities, wasn’t able to speak and “could not provide any information for this investigation.” The office did cite the business for neglect. An official for Habilitative Systems declined to comment about the case.
State law allows group home providers to mix defenseless residents with those who have histories of violence as long as businesses maintain adequate supervision and staffing.
It’s hard to imagine anyone more vulnerable than 36-year-old Aaron Stanley.
Born with cerebral palsy and excess fluid in his brain, Stanley has the cognitive capacity of a 2-year-old, his mother said. Spastic quadriplegia restricts movement of his arms and legs, so he can’t propel his own wheelchair. At a Berwyn group home managed by UCP Seguin, he was fully dependent on the staff.
Colleen Stanley didn’t know that her son’s bedroom was next to that of a man who not only had an intellectual disability but also was diagnosed with intermittent explosive disorder. A UCP Seguin employee later told police that Stanley’s housemate was prone to episodes of unprovoked explosive violence and had “insurmountable strength.”
In October last year the housemate walked into Stanley’s room during the pre-dawn hours and nearly pummeled him to death while he lay in bed — beating him repeatedly in the head with a fire extinguisher, a television and a picture frame before stabbing his face with glass from the broken frame, police records show. Stanley’s swollen face was so covered with blood that first responders could not see his eyes.
The sole UCP Seguin caregiver on duty that night — a woman alone in the house with seven disabled men — told police she tried to intervene but Stanley’s housemate became more violent, and she was afraid he would attack her.
No charges were filed against Stanley’s housemate, whose psychiatrist told police the man could not comprehend his actions. Instead, Human Services admitted him to a state-run institution for individuals with developmental disabilities, police records show.
Stanley, who had to undergo multiple reconstructive surgeries on his face, no longer lives at the UCP Seguin group home. His family is suing the provider for failing to protect him.
Citing the lawsuit, UCP Seguin’s Voit declined to comment on the specifics of the case. In a written statement he said that, in general, when a person is harmed, his organization figures out the causes, retrains staff, revises safety protocols and disciplines employees to reduce the likelihood of recurrence.
“Ultimately, however,” the statement said, “there are some occurrences or encounters that can neither be predicted nor prevented, even with the best of training, protocols and processes.”
In an interview before her death from breast cancer in August, Stanley’s mother said the system has to change.
“You can’t put someone that’s violent in the same house as someone that can’t even get out of his way,” she said.
A suspicious death
Even as a toddler, it was clear Thomas Powers would need a lifetime of care.
He never learned to speak, use a toilet or hold a spoon. He could walk, even run, but he was awkward and crashed into walls and furniture. He couldn’t comprehend simple gestures or words, and at times he had trouble recognizing his own family.
But he loved to have his hand stroked and his back patted. And he seemed most happy when traveling in a vehicle and staring out the window, family members said.
Thomas Powers as a child, front row, second from right, and as an adult with his sister Kathy at her home. (Family photos)
Powers, one of nine children, had a rare inherited disorder – phenylketonuria, which can cause severe intellectual disability and medical problems. The condition is readily detected and treated today, but the test did not exist when he was born in 1960, and his disease went untreated as a child.
His father, Joe Powers, 83, said the family made the agonizing decision to institutionalize Thomas at age 6, when he had become an oblivious danger to himself and others. In one of many frightening incidents, he held an infant sibling above his head and made a throwing motion.
Thomas Powers spent four decades in state institutions, but in 2008 state officials pressured the family to move him because of planned downsizing at his facility, according to one of his sisters, Kathy Powers.
She said they promised he would receive more individualized care. A state contractor then steered them to Trinity Services, the state’s largest operator of group homes for adults with disabilities.
Two years later, however, Trinity Services officials reported that Thomas Powers had become too much to handle. Caregivers complained that he was a whirlwind of motion and mayhem, running from kitchen to bedroom, tossing pans from the stove, breaking lamps, drinking water from the toilet, sometimes stripping naked to express displeasure.
“He was just out of control,” a Trinity Services supervisor later said in a court deposition. “He was like an animal.”
To better control Powers’ behaviors, Trinity Services officials transferred him in May 2010 to another home, a 2,100-square-foot ranch house on Essington Road in unincorporated Joliet. Following the move, most of his daily activities would take place inside.
Thomas Powers, born with a condition that led to brain damage, was found dead in 2010 in a group home in unincorporated Joliet, three days after being transferred from another group home. He was 50. (John J. Kim, Chicago Tribune)
Canceled were Powers’ weekday trips to a community day program where he had participated in arts and crafts projects with dozens of other people with disabilities. There would be no more of his favorite activity, riding in a transport van.
When Powers arrived, three other men were living in the house, state records show. None of them should have been there.
Two months earlier, a Will County building inspector had posted a “not approved for occupancy” sticker on the door after determining that Trinity Services had converted a residential property into a group home without proper permits and safety improvements. County officials charged that Trinity Services ignored that order to vacate the home.
While Powers’ bedroom was being renovated, he slept in a cramped room jammed with boxes of other people’s belongings, according to state records. He should have never been left unsupervised with loose objects, medical records show, because he suffered from pica and indiscriminately stuffed items in his mouth.
On his third day in the home, he was found dead.
His caregiver told state investigators that Powers, wearing pajamas, had rested through the night on a fully assembled bed, according to police and court records.
But sheriff’s deputies found Powers dressed in blue jeans and belt, lying on the floor next to a mattress so stained that it was hauled away as garbage. The room was cluttered with ripped-open storage boxes, and a box spring with built-in bed frame leaned against a wall.
Thomas Powers was living in a group home in unincorporated Joliet in 2010 when he was found dead lying next to a stained mattress in a cluttered room used for storage. (John J. Kim / Chicago Tribune; Will County sheriff’s office)
The caregiver first told deputies that she found Powers with a plastic bag “laying over his face, covering it.” She later changed her description, saying “it was like a sheet of paper.”
Dr. J. Scott Denton, who conducted the autopsy for the Will County medical examiner’s office, ruled the cause of death undetermined.
But later, in a deposition, Denton testified that “it’s more likely than not that something unnatural happened,” citing Powers’ suspicious bruises and cuts, the plastic bag or sheet, the room in disarray and other unusual circumstances.
Powers’ family, who maintained close contact with group home employees, filed a wrongful death suit and reached a confidential settlement last year.
“We will never know what happened for sure,” said Kathy Powers. “But something wrong happened.”
Trinity Services Executive Director Art Dykstra, a former state director for mental health and disability programs, said Powers thrived for years without incident but experienced sudden and unexplained weight loss and health complications in the months before his death.
Caregivers transferred Powers to the Joliet home because it had fewer residents than the home where he lived and might offer a calmer environment to counter his increasingly disruptive behaviors, he said.
Most of the building code violations in the Joliet home represented renovations that were underway or completed without proper permits, Dykstra said.
“Everyone at Trinity Services feels terrible about this death,” he said. “We’ve tried our hardest to help people with complex needs like Thomas.”
Records show that the Office of the Inspector General took five years to close the case, issuing its report after the Powers family settled its civil suit with Trinity Services.
Investigators cited the business and the caregiver for neglect, noting that residents were placed in a home with code violations and that Powers was forced to sleep on a mattress placed on the floor in a room full of debris. But the state took no further action against Trinity Services.
Under Illinois law, the inspector general’s office is required to send a notification letter to families or guardians if neglect or abuse is found.
But members of Powers’ family said they were unaware of the state’s investigation until contacted by the Tribune. Inspector General Michael McCotter acknowledged that his office had failed to notify them.
Last summer, the Powers family received an apology from McCotter in the mail.
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Illinois’ transition to group homes
Illinois has been moving toward a group home model for decades. Here are some major factors behind that transition:
  • Beginning in the 1970s, Illinois downsized state-funded institutions because scores of people were inappropriately confined there.
  • In the late 1980s, state officials created a special license for group homes that provide care for eight or fewer adults with intellectual and developmental disabilities. These homes were designated Community Integrated Living Arrangements, or CILAs. There are more than 3,000 such homes today.
  • The U.S. Supreme Court ruled in 1999 that people with disabilities have the right to live in the least restrictive setting possible. Known as the Olmstead decision, the ruling also stated that unnecessary institutionalization violated the Americans with Disabilities Act. The decision forced states to fund more community services.
  • In 2007, Illinois launched the Pathways to Community Living program, a federally funded initiative to transfer thousands of people with disabilities into group homes or other community placements from state institutions or nursing facilities providing long-term care.
  • In a federal settlement known as the Ligas consent decree, Illinois agreed in 2011 to fund community access for adults with disabilities who lived in private intermediate-care facilities with nine or more beds, and those who lived at home but had sought community services or placement.
  • Also in 2011, a federal court approved a sweeping agreement — the Colbert consent decree — that required Illinois to fund more community options for Medicaid-eligible nursing home residents with disabilities.
  • In late 2011, then-Gov. Pat Quinn announced a cost-saving plan to close multiple state institutions and move hundreds of adults with disabilities into group homes. The Jacksonville Developmental Center was closed, but state officials shelved plans to shutter the Murray Developmental Center following a court fight with parents of residents.
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Rebecca Halleck

Copyright © 2016, Chicago Tribune

From Ken Ditkowksy
THE TIME IS NOW FOR THAT HONEST INVESTIGATION that Jerome Larkin, the Illinois Attorney Registration and Disciplinary Commission and the Supreme Court of Illinois are fighting against.   The intimidation of lawyers who pursuant to Rule 8.3 report these outrages has to stop.    Reporting corruption should not be considered to be akin to ‘yelling fire in a crowded theater’ and blogs such as the MARYGSYKES blog should be protected – as required by the First Amendment.