Sheriff Dart’s Employees continue to refuse to provide copies of Service Papers to Litigants

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

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

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

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

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

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

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

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

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

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

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

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

JoAnne

Looking for volunteers to move 2 disabled persons in Chicago

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

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

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

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

Both are on SSI disability.

If you can help, please contact me.

Thanks so much and take care.

Love and Light, namaste,

Joanne

From MG: Jury awards $16.4 Million in abusive guardainship–it’s about time.

From the Palm Beach Post

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

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

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

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

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

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

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

Held captive?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Guardianship Catch-22

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

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

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

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

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

Dominoes falling?

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

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

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

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

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

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

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

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


 

From Ken Ditkowsky on Mandatory Arbitration in Nursing Home Law

Subject: Re: MANDATORY ARBITRATION as to NURSING HOME DISPUTES” – IT IS TIME TO DRAIN THE SWAMP!
Date: Aug 9, 2017 9:56 PM
We have several issues in regard to the nursing home situation.
The most important issue is the care of sick people.    By in large unless the patient has no serious illness and has an advocate everything is expensive but good.    However, the more reliance that is placed on the facility the more dis-satisfied is the patient and his/her family.
A Second Issue is the care of victims of elder cleansing, seriously ill patients, and long term care patients.    This is the major source of problems.   The problems cover the waterfront.    This is the place where a nursing home operation can either have serious cash flow problems or be a cash cow.    Mr. Jaycox came into the quagmire because of MEDICAL MALPRACTICE. – i.e. he was given a drug which had a side effect that went undetected (the cause of the malady – side effect – was undetected.    No medication could treat the side effect as the doctors kept prescribing the drug that was creating the side effect.  Of course the nursing home (and its doctors) never put two and two together and thus joined in the malpractice.    Ditto for the RN’s – who really were a figment of the imagination of the State of Illinois and the operators of the nursing home.
This medical malpractice should not be the subject of arbitration.   The nursing home solved the problem.    They just obtained prescriptions for high powered sedatives and pain killers – probably opioids – forgot to put up the protective bar and waited for Jaycox to fall out of bed.   He did.   The first time he hit his head, however, the second time he broke his hip.   The sedatives slowed down Jaycox’s complaints and disabled him.   A shrink was brought in to perjure himself claiming that Jaycox was incompetent.    The shrink exposed his deception and fraud.     The consent for the operation to repair the broken hit was given by the Shrink to Jaycox to sign.   Swedish Covenant Hospital accepted the competency of Jaycox and did the operation to repair the now broken hip.
The guardianship hearing stalled when on cross examination the deception was revealed.   Jaycox then = almost immediately – suffered an aspirated pneumonia.     He was fed while in a prone position and food particles were aspirated into his lungs.    THIS WAS FATAL!
No arbitration is effective to deal with this criminal behavior on the part of the nursing home.    NB.   Of course it did not matter — complaints to Illinois authorities appear to be ignored.   Jaycox’s body was cremated almost before it got cold!     I wish I could say that the Jaycox saga was an anomaly – IT IS NOT!
iSSUE 3 – RUN Of the Mill incompetence and malpractice.    As the injured party is old and has a limited life expectancy the five years plus or minus that it takes to get a case to trial is hardly appropriate.    Here arbitration might be something to consider.
Issue 4 – Pure fraud cases — here no arbitration is appropriate.   ******

Ken Ditkowsky

www.ditkowskylawoffice.com

All that any lawyer wants is a level playing field.    The current prospect in most of the cafeteria courts (from Probate to Traffic) is deplorable.    In the probate courts, and in particular guardianship proceedings we have as an example the MARY Sykes 09 P 4585 (Cook County, Illinois) as an example.    755 ILCS 5/11a – 10 sets the jurisdictional standards.   The presiding jurist, on page 91 of her evidence deposition freely admitted that she was wired, and the court record piece by piece connotes a conscious attempt to deny the victim any semblance of due process.   Corrupt ruled supreme and with the aid of 18 USCA 371 conspirators continues to prevail not only in the Sykes case but dozen of other situations – not only in Illinois but in most States of the Union.
As citizens become aware of their rights, lawyers are filing lawsuits to seek redress for the multitude of injuries received by the casualties of the WAR ON THE ELDERLY AND THE DISABLED and the Opioid addiction that is fast becoming a stable in the ELDER CLEANSING scenario.    Opioids turn the elderly very quickly into zombies.   As Zombies they are very manageable and maximize profits.
Getting to Court takes years.    Arbitration is almost immediate; however, it can be misused.  The argument is expressed in the following article.      My problem with the article is the fact that it does not address the fact that the corruption is so pervasive that it is not unusual for the nursing home moguls to have Judges on their payroll as well as scores of judicial officials.   It also appears that many of the people who are fighting arbitration are political elite who profit greatly by the corruption in the Courts that is eating away America’s core values.
Remember Philip Esformes – a small potato in the Nursing home industry, was indicted only for his South Florida operations in which he stole a BILLION  dollars from Medicare.   How much has been stolen in other nursing home operations in Chicago, *******.    Take a look at the which candidates the more prominent nursing home operators donate large sums of money — just about every pol who is against the Administration'[s position is on the list!    Coincidence?

ABA, senators ask CMS to rethink mandatory arbitration in nursing home admissions contracts

POSTED AUGUST 8, 2017, 3:12 PM CDT

Shutterstock.com

The American Bar Association has asked that a proposed Centers for Medicare & Medicaid rule authorizing mandatory, pre-dispute arbitration in long-term care admissions contracts not be implemented.

In a letter (PDF), sent Monday to administrator Seema Verma, the ABA advocated for CMS retaining its current rule, which prohibits long-term care facilities from entering into binding arbitration agreements with residents until after a dispute arises.

The Trump administration introduced the proposed rule change in June. That was in response to a 2016 Health and Human Services rule under the Obama administration that prohibited federal funding for nursing homes requiring residents to resolve disputes in arbitration. A motion filed by various nursing home groups to block enforcement of the rule was granted in November by a U.S. district court judge in Mississippi. The ruling was appealed, however, in June, the court granted a joint motion to stay (PDF) district court proceedings, pending completion of proposed rulemaking.

If implemented, the proposal would harm residents’ rights and interests, the ABA letter states, and the current rule fits the recent U.S Supreme Court interpretation of the Federal Arbitration Act. Some believe the high court’s May 17 opinion(PDF) in Kindred Nursing Centers v. Clark prohibits bans on pre-dispute binding arbitration in long-term care admissions contracts, but that view is “mistaken,” the ABA letter states. In the Kindred opinion, the court found that under the FAA, arbitration agreements may only be found invalid based on legal rules that would apply to any contract.

“While Kindred clearly prohibits singling out arbitration agreements for disfavored treatment, nothing in the court’s reasoning or under the terms of the Federal Arbitration Act require singling out arbitration agreements for favored treatment. Yet, that is exactly what CMS is doing by its proposed total embrace of mandatory pre-dispute arbitration provisions in admissions contract,” Thomas M. Susman, director of the ABA’s Governmental Affairs Office, wrote in the letter to Verma.

Also, 31 U.S. senators, led by Al Franken, D-Minn., and Ron Wyden, D-Ore., have asked that the CMS rethink the proposed rule.

“Forced arbitration clauses in nursing home agreements stack the deck against residents and their families who face a wide range of potential harms, including physical abuse and neglect, sexual assault, and even wrongful death at the hands of those working in and managing long-term care facilities,” reads the letter (PDF), which was also sent to Verma on Monday. “These clauses prevent many of our country’s most vulnerable individuals from seeking justice in a court of law, and instead funnel all types of legal claims, no matter how egregious, into a privatized dispute resolution system that is often biased toward the nursing home. As a result, victims and their families are frequently denied any accountability for clear instances of wrongdoing.”

It may be that the regulation or lack thereof is premature.     Maybe we need HONEST and vigorous enforcement of the Law and the punishment of the criminals who have created a 700% fraud surcharge on the cost of health care.
Small Potato Philip Esformes stole a billion dollars from Medicare.    How much have the larger potatoes stolen?      We want a level playing field.    If we have judges who are dishonest  – as was noted in the Sykes, Gore, wyman, ** cases – *******

On Tuesday, August 8, 2017, 5:23:17 PM CDT, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:

Reading “fake news!”

Not all ‘fake news’ involves the Political field – it is everywhere and anywhere.    The propaganda machine works 24 hours a day.    Sometimes the approach is obvious, other times it is subtle, and yet on other occasions the facts are recited just a little bit off center so as to create a false impression.    As you know because of certain litigation involving nursing homes, and a stretch at representing the principals of a few nursing homes I got to view the bodies.

I ran across the following newspaper article.     My comments are in red:


Quality Care warns of receivership for big U.S. nursing home chain (HCP)

Reuters

 Jul. 21, 2017, 04:42 PM

By Tracy Rucinski

CHICAGO, July 21 (Reuters) – U.S. healthcare landlord Quality Care Properties Inc said on Friday that it can seek receivership for the country’s second-largest nursing home chain, HCR ManorCare, after it failed to make a $79.6 million payment for current and past rent.       Comment:   there is a progression in the nursing home business.     The initial business model creates a wholly owner (Eron style) operation.  (venture 1)  This business owns the land for about a decade and is an integrated operation.    Toward the end of the first cycle the business’ return on capital commences to decrease.     For Phase 2, another group of investors is brought into the picture and they lease the property from Venture 1, with an option to purchase.     This phase has two elements  – a) wherein there is a lease arrangement and b) wherein there is an ownership relationship.    This phase also is about a decade long, and again the business is sold to Venture 3.   Venture 3 mirrors Venture 2.    Because of deterioration in the infra=structure and thus the appearance of the property the clientele becomes at each juncture a little less prosperous.     The venture that is being discussed in the article is property a Venture 5, 6, or 7. (or group thereof)

In a statement, Quality Care said it had delivered a notice of default to HCR ManorCare, its main tenant, regarding the missed payment, which Quality Care said triggers immediate payment of $265 million in additional overdue rent.     Comment:  this gambit is typical – it induces the investors to be more adaptable and more willing to accept payouts.

HCR ManorCare spokeswoman Julie Beckert declined to comment on the threat of receivership.

U.S. nursing homes have struggled to reconcile a tumultuous, low-margin business with declining reimbursements and increasing costs for medical supplies, insurance, aging buildings and litigation.   Comment: Notice the loaded word: “low-margin”      With the Nursing home moguls supplying all the materials for operation, the expenditures are very adjustable.    The Utilities are supplied by Multiuit.    Operation Draiman can set prices at will.    At one point in time he choose not pay his supplier and went into Bankruptcy himself.    In a similar manner the Nursing home moguls own a company that supplies nurses, another linens, another pharmaceuticals,  another janitorial, another insurance, another management ******.    Want a profit – lower the costs of supplies!   Want a loss – raise the costs.     The profit and loss is all fictional.     The real costs unadjusted are about 2000 a month, and the billings in excess of 7000 a month for the welfare clients to 15 – 20,000 a month for the better heeled.    (Physical Therapy for instance in many of the Venture 2 and 3 homes consists of placing the patient in a wheel chair and letting him/her sit in front of the television for an hour or so.    In the 4 homes, it is sufficient to wheel the patient out in the hall.

To protect their investments, lenders and landlords of distressed healthcare operators can ask the courts to appoint a receiver to take control of the business in the event of a default.

In the case of Toledo, Ohio-based HCR ManorCare, Quality Care said the default allows it “to terminate the master lease, appoint receivers or exercise other remedies with respect to any and all leased properties.”   Comment:   This persuades the investors to take just about anything for their interest.

Quality Care, one of the largest U.S. healthcare landlords, last month said it was seeking up to $500 million to acquire HCR ManorCare. On Friday it said it remains in talks with the skilled nursing home operator about the default and other matters.       Comment:   how many of the investors in Quality care are also investors in HCR ManorCare?     Obviously a search of names will not reveal that information – but, an HONEST INVESTIGATION *****

HCR ManorCare — which also operates assisted living facilities, memory care communities, outpatient rehabilitation clinics and home health care agencies across the country — confirmed ongoing discussions with its landlord.

In addition, HCR ManorCare received a $550 million loan from Centerbridge Partners this week to repay an existing term loan and outstanding loans, Beckert told Reuters in an e-mail.

Quality Care Properties was spun off from HCP Inc, a large healthcare real estate investment trust, in 2016 as HCR ManorCare was in decline.   Comment;  here we go – confirmation of the change in Venture!

Private equity firm Carlyle Group bought HCR ManorCare in a 2007 leveraged buyout for $6.3 billion and sold the properties to HCP for $6.1 billion in 2010. (Reporting by Tracy Rucinski; Editing by Tom Hals and Leslie Adler)

The impression given by the article was that one of the nursing home groups was in serious trouble and faced possible involuntary liquidation.      Such would be a possibility if in fact there was interaction between non-related competitors of such a nature.        Here in Chicago, the group of nursing home moguls is quite small  and has a religious orientation.      The group that I investigated has an orientation that claims to be Jewish Orthodox.     A neighbor (in Sauganash) works for a group that has a different religious orientation.      Both groups are aware of each other and there is a degree of co-operation.     My experience is solely limited to the Jewish group.     However, it is my understanding that the reach of the Moguls that I am familiar with extends one way or another into the nursing homes of the other groups.

A person who has not had the opportunity to examine the operations of the ‘for profit’ nursing home operation, but who has some knowledge of business would be seriously misled by the article.   The loaded word: “ thin margin” is completely verifiable as  every cost is augmented for Janitorial to nursing care.     If you are into fiction, you will believe that there are Physical Therapists treating every resident twice a day, speech Therapists falling all over themselves, and kosher gourmet food served 3 times a day.   Visit a nursing home and observe the wheel chairs lined up around the television set, or the patients doped to the gills lying in bed developing bed sores.     One thing you will find – almost every patient is being tranquilized at great expense and real doctors are as rare as moon landings.

That said, there are ‘special care’ patients.     These individuals are  people with ‘clout’ or in the facility for a short term.   Knee operation and similar patients are given royal treatment.     The get real food and real care – of course they also have family advocates who wander in at hours of the day and night.   A family advocate has no problem making trouble and unless his/her ward is treated with respect et al serious problems can and will occur.    In certain situations, the family advocate might actually have more clout than the nursing home operator = and then ******.

Visit a nursing home at a time when you are not expected to visit.     Make the visit a surprise, and get  away from the areas wherein the staff is comfortable with you present.

The ‘fake news’ story will become evident.         “Fake News” does not have to be Political and does not be directed at President Trump.      It is what we used to call propaganda or misleading.      It has been around forever, but today much of it is protected by POLITICAL CORRECTNESS and the balance by pure clout.    The article supra is just part of the ‘fake news’ chain.     We do not have the entire chain as you and I are not the targets, except, the nursing home industry is embarrassed by the obscene profits that they earn and the disclosure of their activities.    This does not mean that they will not continue to bring in the vote for the political elite and cease being a source of extra income for Judges, *****.


On Tuesday, August 8, 2017, 11:42:37 AM CDT, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:

When I heard that one of the cabal of ELDER CLEANSERS here in Illinois in league with the Public Guardian’s office was trafficking in the “homeless” that lived on lower Wacker Drive in Chicago, I was stunned.    When I checked out to allegation and satisfied myself that it was true, I had to sit down and contemplate the gravity of the situation, to wit:

1.       the cabal had no respect for the RULE OF LAW and or humanity.    We had right here in the beast of America our own version of Nazi and Communist terror.     The horror of the Alice Gore case had not subsided  – i.e.  a guardian at litem directing the pulling of 29 perfectly healthy teeth to garner the few grains of gold therein contained. And

2.       Official entities of the STATE OF ILLINOIS were actively aiding and abetting the criminal human trafficking.     I, of course, knew that in the Mary Sykes case the attorney for the guardian appointed sans ‘due process” and both the Guardians at litem were alumni of the Public Guardian’s office.     I also knew that the ‘elder cleansing’ of Mary Sykes 09 P 4585 and the accompanying theft of government health care funds was aided and abetted by the Illinois Attorney Registration and Disciplinary Commission – a entity under the supervision of the Supreme Court of Illinois.

However, up until known the malevolent activities of STATE OF ILLINIOIS entities was clandestine.       The evidence was circumstantial – though obvious.        The incidents in which there is a direct tie-in between the corrupt public officials (usually State employees) and the criminal element up until the most recent of times has been more implication, conjecture, and speculation.     Public officials were ashamed to be observed fostering “ghost” employment,  bribery schemes, trading of favors, etc.     The Judicial elite at the very least tried to maintain an appearance  of integrity.      Indeed, misrepresenting a SCOTUS decision was subtle and the author of the misrepresentation actually read the case.     In the JoAnne Denison Petitions, Jerome Larkin in his Petition to the Supreme Court of Illinois seized on one of the rejected arguments in the SCOTUS Alvarez case and cited it as the SCOTUS’ ruling.

Of course, Larkin never apologized to either Ms. Denison or the Court for his obvious misrepresentation of the Alvarez  and Sawyer cases.     The state of morality in the State of Illinois had been reduced to the nadir and the RULE OF LAW and the Constitution were mere technicalities.     The Soviet Gulag had reached its full maturity.    Indeed, the media, the civil rights organization, the legal associations (such as the American Bar Association, Illinois Bar Association, Chicago Bar Association) et al were silent.   Some actually appeared to be denigrating citizen and lawyer efforts to defend the Rule of Law!    The ABA, when it appeared that comments were running 100% against its preferred position of attornment to the most corrupt members of the Judicial and Political elite, shut down the comments and ultimately removed their article.     THE ASSAULT ON THE CONSTITUTION OF THE UNITED STATES OF AMERICA, the CONSTITUTION OF THE STATE OF ILLINOIS, the RULE OF LAW and the Canons of Ethics (Rule 8.3) was attorned to by the American Bar Association AND the opinion makers.

The foregoing is terrible – however,  in my previous e-mails I beaten this dead horse before.     The foregoing is in the category of “old news!”      What is not in the category of old news is an explanation of why this category of political correctness not only prevails but flourishes.

Again, it is old news that the corrupt jurists, both elite and not so elite find the profit motive for their criminal conduct quite compelling.     In Seth Gillman’s hospice and MEDICARE FRAUDS  the profit motive was not only obvious but Gillman confessed.       Other members of the ELDER CLEANSING fraternity also have given statements to the Federal Law Enforcement authorities and recruited State political and judicial leaders with shares in the profit venture.      The obviousness of the profit is connoted in the indictment of Philip Esformes.     He is charged with stealing a billion dollars! from Medicare.     His venture with Omnicare is also the stuff the legends are made.        It is interesting to note that the cabal operates the very same type of operation that Esformes was operating in South Florida and not one of the members of the cabal has been charged here in Illinois or even charged with not paying income taxes on the booty.   (booty being the funds stolen from Federal health care and from the individuals who come into the ‘care’ of the unholy operators of sheltered care facilities)

When the family of Alice Gore, shocked and stunned by the quest to prospect for gold in the mouth of grandmother Alice Gore asked one of the nursing home operators – HOW CAN YOU BE SO CRUEL?    His answer is classic, to wit:

“Because I can.”

The answer:  “Because I can” begs the question.    Of course he can.    In the Mary Sykes case 09 P4585 (old news) the presiding judge in the case admitted that she was bribed (i.e. fixed, wired – see page 91 of her evidence deposition).      Her punishment:  she was elevated to the Appellate Court of Illinois in recognition of her service to the WAR ON THE ELDERLY AND THE DISABLED.       The two guardian ad litem who ‘covered up’ the fact that 755 ILCS 5/11a – 10 was almost completely ignored by the Court, the attorneys, the two guardian ad litem, the media, law enforcement *****, were rewarded with a “ tax exempt” share in the booty stolen from the Mary Sykes Estate and very substantial fees from the Estate.         The co-conspirators, such as Jerome Larkin and his lackeys at the IARDC, still continue to silence mention of the rampant ELDER CLEANSING  going on at the Circuit Court and it is assumed that they do not perform their extraordinary services for ‘free!’       18 USCA 371 has not as yet been applied to them, and they are all laughing at us (the great unwashed) as they currently enjoy the illegal fruits of the WAR ON THE ELDERLY AND THE DISABLED.

The words: “because I can” also are telling as they point out the malady of the system.     How can it be that a group of people ‘temporarily in power’ can exert such nefarious influence on the lives of the ELDERLY AND THE DISABLED.     Indeed, no one is exempt!      Any person, including the members of the corrupt Judicial and political elite can be literally stolen off the street to be ELDER CLEANSED!        Even the man who uttered the words: ‘because I can”  can be a victim of this horrific trafficking in the elderly and disabled Americans.      (Yes, even President Trump can be a victim – in fact some of the cabal have been quite candid as to their efforts to enroll him into the legends of zombies created by the ELDER CLEANSERS.

The words “because I can” also connote the fact that few escape the cabal and the gulag.    Upon entry into a sheltered care facility, the victim is administered a tranquilizer – usually an Opioid.     This administration provides the victim with aid in adjusting to his/her new surroundings.      The addictive effects are an added bonus to the gulag effect and reducing the victim to a zombie keeps the costs of operation of the elder cleansing facility profitable.     It also assures that come election time, the elder cleansed individual VOTES for the right political candidate.

Unfortunately, the answer to the query is not subtle and not profound,  to wit:

 Dr. Roland Borrasi chuckled as he told three doctors how he used kickbacks and cash bribes to shuttle unsuspecting nursing home residents into Chicago-area hospitals and psychiatric wards.

 

“Basically, I have a commodity; my commodity is nursing home patients,” Borrasi explained.

 

Indeed,  Dr. Borrasi ‘s simple explanation was very candid and accurate.      Even though a decade plus has passed since the revelation was granted,  Federal Administration after Federal Administration has kept its distance and allowed the elder cleansing racket to florish.     It is true that

 

He (sic Dr. Borrasi)  didn’t know it at the time, but federal agents were secretly recording that meeting.

 

One of the doctors was wearing a wire as Borrasi matter-of-factly explained the mechanics of patient brokering to physicians in his medical group.

Those recordings, along with court documents and federal investigative reports obtained by the Tribune, describe a web of corruption in which hundreds of thousands of dollars flowed among doctors, nursing home executives and hospital administrators as the facility operators sought to fill their beds with a steady flow of destitute patients.

 

What did the media do with the information?       What did law enforcement do?     What did the Courts do?      The answer is N O T H I N G!  to speak up, though to be fair, the Chicago Tribune reported:

 

While taxpayers paid millions of dollars in fraudulent  Medicaid and  Medicare bills, one  Alzheimer’s patient was given inappropriate brain radiation treatments, a Borrasi associate told federal agents. A second patient, a disoriented elderly woman, was sent to an acute psychiatric ward after she refused to eat in her nursing home dining hall, another medical professional told federal agents.

“The fact that … greed subordinated the care of elderly and infirm patients who really needed it is horrific at best,” federal prosecutors wrote in a court filing earlier this year after Borrasi was sentenced for accepting more than $500,000 in kickbacks to steer vulnerable patients. Prosecutors described “the scope and breadth of the bribes” as “extraordinary .”

 Thus, in Summary – we, the great unwashed, are a commodity!     Therefore, just like peaches, and nuts we are there for the  Political and Judicial Elite to exploit – or be the victims of human trafficking.    The 700% fraud surcharge i.e. 7 dollars for every dollar spent on health care to the political sophisticated is a small price to pay for the “billions” of health care dollars that will flow into their pockets!      It does not matter if you call the vehicle OBAMACARE, TRUMPCARE, MEDICARE, MEDICAID **** the vehicle for those who consider themselves the “best and the brightest” to unjustly enrich themselves is a fact of life.

Supra and Infra may both be politically incorrect, but America elected PRESIDENT DONALD TRUMP to end this façade.      The concept of cleaning the swamp means more than replacing the cancer, but restoring the integrity of health care and eliminating the profit from the corrupt political and judicial leaders who have fostered elder cleansing and the WAR ON THE ELDERLY AND THE DISABLED.      Health care is supposed to aid in the treatment of disease and illness – it is not a tool for human trafficking, exploitation and abuse.     We, the great unwashed have a vital stake in putting the health care cabal out of business not only here in Illinois, but in every State in the Union.


On Tuesday, August 8, 2017, 9:51:59 AM CDT, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:
Chicago Summer:
Since you are not an attorney your expose of corruption in the Illinois courts cannot be labeled by Mr. Larkin and the Illinois Supreme Court as being akin to yelling fire in a crowded theater.    However, even though the people you are exposing are all PUBLIC FIGURES and commenting on people who run for election cannot claim defamation protection, in the Cook County environment you can expect and will be subject to harassment by those who have breached their public trust and those who act in conspiracy with them.
It is the total lack of a moral compass that the Political and Judicial elite display that prompts me to forward you e-mail to law enforcement and DEMAND that Illinois officials do their sworn duty and provide you with EQUAL PROTECTION OF THE LAW and in particular protect your FIRST AMENDMENT RIGHTS.
 
Illinois is on the verge of Bankruptcy and losing population because of the rampant corruption that this State enjoys.   The WAR ON THE ELDERLY AND THE DISABLED rages with the aid and comfort of the POLITICAL AND JUDICIAL CLASS and elected officials and the Illinois Department of Revenue FUND THE PERFIDY by ignoring the INCOME TAX LIABILITY that the co-conspirators jointly and severally are liable.     
 
The Medicare Fraud that was exposed in the Philip Esformes indictments in South Florida are rampant here in Illinois – however, there are no Illinois indictments!   Indeed, the ELDER CLEANSING scandals abound and billions of dollars are stolen from guardianship estates and there are not taxes paid by either the miscreants or their co-conspirators.   In the Mary Sykes case over 3 million dollars was removed by the villains and NOT ONE DIME of taxes was paid or assessed!   The miscreants and their co-conspirators laughed and still laugh all the way to the Bank – HOWEVER, the ILLINOIS TAXPAYER has to pay more Income taxes, taxes on his Pepsi, taxes on gasoline, taxes on his purchases of sundries and food, taxes on *******.   (Indeed, the two guardians ad litem in the Mary Sykes case, the guardian in said case, Mr. Larkin and all the other co-conspirators walked away allegedly with about 3 million dollars  – see Gloria Sykes affidavit) tax free.    The Medicare funds paid unnecessarily also were TAX FREE.    Even the gold stolen from the mouth of Alice Gore is tax free!)
 
My demand for an HONEST INVESTIGATION published in PROBATE SHARKS cost law license suspensions for both JoAnne Denison and yours truly — Yes the action taken by the authorities was wrong – BUT the RULE OF LAW has been abrogated unilaterally by the corrupt POLITICAL AND JUDICIAL elite.     Such is the bottom line.
 
Democracy is not a spectator sport – here in Illinois it is a high wire action without a net! I copied Federal and State authorities and by this memo beg for them to MAKE AMERICA GREAT AGAIN by just enforcing the RULE OF LAW without discrimination and with an eye to making us (the great unwashed) equal in the eyes of the LAW to the REINING MEMBER OF THE POLITICAL AND JUDICIAL ESTABLISHMENT!
 
  

On Tuesday, August 8, 2017, 2:27:31 AM CDT, chicago summer <summer.chicago@yahoo.com> wrote:
I want to let you know that my next site on wordpress to expose corrupt judges like John C. Griffin is up and hopefully running, you can see at at Corrupt Judge John C. Griffin. 
The next step is to create another site on  blogspot; and for a better exposure consider the option to purchase a BILLBOARD space (I plan to create a fundraiser on gofundme.com  for it, a large billboard on prime location is about $5,000.00 per month, which is not affordable for me.

I also want to share a very informative Blogspot page, thanks to those who spent all their time and efforts
And share an article how much taxes pay millionaires in San Francisco on their community property – $14.00 PER YEAR – which their HOA failed to pay.
The first question – how Feinstein and Pelosi can afford a million-dollar house if they paid about $160K per year? No surprise that they cannot pay common area taxes – all money invested in the houses.
Second – HOA failed to pay taxes for years – where are residents’ dues?
SAN FRANCISCO (AP) — These days, the price of a San Francisco home can easily top a million dollars. But one savvy investor has bought up a whole street in the city’s most exclusive neighborhood for a mere $90,000.
Trouble is, some of the extremely wealthy residents of Presidio Terrace were not aware their street was up for sale and are not pleased it has been sold.
Presidio Terrace is an oval shaped street sealed off by a gate from the tony Presidio Heights neighborhood. Lined with towering palm trees and multimillion dollar mansions, the street has been home, over the years, to famous residents including Sen. Dianne Feinstein and House Democratic leader Nancy Pelosi.
 
Thanks to a city auction stemming from an unpaid tax bill, Bay Area real estate investor Michael Cheng, and his wife Tina Lam, bought the street and now own the sidewalks, the street itself and other areas of “common ground” in the private development that, the San Francisco Chronicle report ed, has been managed by the homeowners association since at least 1905.
Cheng says reaction to the sale has been less than neighborly.
“I thought they would reach out to us and invite us in as new neighbors,” Cheng told The Associated Press. “This has certainly blown up a lot more than we expected.”
It turns out the homeowners association for Presidio Terrace failed to pay a $14-a-year property tax, something that owners of all 181 private streets in San Francisco must do, the Chronicle reported.
So the city’s tax office put the property up for sale at the cost of $994 in an online auction to regain unpaid back taxes, penalties and interest. The couple eventually won the street with a $90,100 bid in an April 2015 auction.
Scott Emblidge, the attorney for the Presidio Homeowners Association, said in a letter to the city that the owners failed to pay because the tax bill was mistakenly being sent to the address of an accountant who hadn’t worked for the homeowners association since the 1980s, the Chronicle reported.
Emblidge said the residents didn’t know their street was put on the auction block, let alone sold, until May when a title search company hired by Cheng and Lam reached out to ask if any residents had interest in buying back the property.
That was one of several options Cheng and Lam have considered for making the investment pay off.
Another option is to charge residents to park on their street — and rent out the 120 parking spaces that line the grand circular road.
“As legal owners of this property, we have a lot of options,” Cheng said, adding that nothing has been decided.
The matter could be headed for court.
Last month, the homeowners petitioned the Board of Supervisors for a hearing to rescind the tax sale. The board has scheduled a hearing for October. The homeowners association has also sued the couple and the city, seeking to block Cheng and Lam from selling the street to anyone while the city appeal is pending.

 

News on Appellate efiling and please write Dorothy Brown

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

Now that was the easy part.

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

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

You click on “ebusiness”.  No apparent portal.

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

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

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

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

Nope, they’re not going there.

So here is the secret:

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

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

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

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

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

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

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

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

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

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

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

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

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

peace and light everyone

Joanne

From Ken Ditkowsky–the 1st Amendment applies to everyone

To:
Subject: Re: Fw: The First Amendment applies to every one.
Date: Aug 7, 2017 9:37 PM

Since the Presidential Election many of us have noted a distinct attempt by the mainstream media to denigrate any action taken by the current Administration.       It thus must be anticipated that the prosecutions of the criminals who are carrying on a WAR against the Elderly and the Disabled will not receive accolades.     Indeed, in the very same manner that the Judicial and Political elite have enthusiastically endorsed the forfeiture of FIRST AMENDMENT RIGHTS of those who object to the 700% fraud surcharge on Health care  we will see a campaign to inform us (the great unwashed) just how wonderful it is to be addicted to Opioids in sheltered care facilities as a prelude to our dehumanization and forfeiture of our estates.

The Alice Gore and Mary Sykes guardianship cases loom large in Illinois!     However, the 18 USCA 371 cover-up so far has been successful.     No one has been prosecuted for the murders of these grandmothers and not one dime of Federal or State Income Tax has been assessed on either the booty or the Medicare thefts.   Obviously,  this health care fraud is under the current administration of Cook County, Illinois exempt from even a “look see!”     A request for an “HONEST INVESTIGATION” or the exposure of corruption in the Courts (especially the Probate Division) is akin to “yelling fire in a crowded theater.”     (you cannot make this stuff up.   Jerome Larkin the administrator of the Attorney Disciplinary Commission (IARDC) so wrote to the Illinois Supreme Court.   They issued an order of interim suspension for the attorney exposing judicial corruption and then followed through with a three years suspension of her license.   The villains who were murdering their elderly victim were lauded and paid handsomely – out of the Estate – for their villainy!      Our Illinois government made it very clear – they would rather increase taxes on the public than to interfere with the ELDER CLEANSING operations conducted in Illinois.

It appears for my searches of the Internet that this Administration in Washington is seriously following up on the fraud complaints and is making efforts to defeat those who are promulgating and conducting the WAR AGAINST THE ELDERLY AND THE DISABLED.       The wall of silence has been raised, but, the high profile case against  Philip Esformes will commence in the Spring.     As the interest in the billion dollar theft from Medicare is high, it is safe to assume that some rogue publications will report on the trial and the clandestine efforts to tilt the playing field.     Expect a campaign by the press to paint Mr. Esformes as the savior of the Western World and the benefactor of  minorities and the disadvantaged.

Of course lost in the efforts to discredit the prosecution you will not be reminded of the fact that the health care bandits consider you and I as a commodity.      Not long ago one of the Chicago Newspaper stated:

 Dr. Roland Borrasi chuckled as he told three doctors how he used kickbacks and cash bribes to shuttle unsuspecting nursing home residents into Chicago-area hospitals and psychiatric wards.

“Basically, I have a commodity; my commodity is nursing home patients,” Borrasi explained.

He didn’t know it at the time, but federal agents were secretly recording that meeting.

One of the doctors was wearing a wire as Borrasi matter-of-factly explained the mechanics of patient brokering to physicians in his medical group.

Those recordings, along with court documents and federal investigative reports obtained by the Tribune, describe a web of corruption in which hundreds of thousands of dollars flowed among doctors, nursing home executives and hospital administrators as the facility operators sought to fill their beds with a steady flow of destitute patients.

While taxpayers paid millions of dollars in fraudulent  Medicaid and  Medicare bills, one  Alzheimer’s patient was given inappropriate brain radiation treatments, a Borrasi associate told federal agents. A second patient, a disoriented elderly woman, was sent to an acute psychiatric ward after she refused to eat in her nursing home dining hall, another medical professional told federal agents.

“The fact that … greed subordinated the care of elderly and infirm patients who really needed it is horrific at best,” federal prosecutors wrote in a court filing earlier this year after Borrasi was sentenced for accepting more than $500,000 in kickbacks to steer vulnerable patients. Prosecutors described “the scope and breadth of the bribes” as “extraordinary .”

 

If you fool me (the great unwashed), shame on you; however, if you fool me a second time – shame on me!.        When the Esformes indictment came down in Florida, it should be noted that the Chicago press was very frugal with the dissemination of this major news story.     In fact,  it still is not letting the public know of the latest indictment.    This was for bribing inspectors who were assigned to make certain that 100% of the time the nursing homes met or exceeded the statutory requirements.

Philip Esformes is expendable.     He is ‘small potatoes.’      The large operations here in Chicago (and in other major cities) are still being protected.       Yes, he – like Seth Gillman – may be sacrificed to save the more important operators – who have more clout!   But,  America’s salvation is at stake.     We have to protect the RULE OF LAW and work diligently to protect our society from those miscreants (and particular the political elite) who would sell us out for a few pieces of silver and a few votes.

Democracy is not a spectator sport!      Here in Illinois school children  have difficulty naming the names of five governors of our State who have not gone to JAIL!      We still have one governor in jail!      The motto of our pols is “from the Statehouse to the jailhouse’ or bust!


On Monday, August 7, 2017, 2:53:06 PM CDT, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:
What I was thinking of was you filing a formal petition directed to the Governor and the Supreme Court of Illinois , along with copies to everyone in sight, demanding not only the reinstatement of your law license, but a FULL AND COMPLETE INVESTIGATION of the 18 UsCA 371 cover-up of elder cleansing.

The ‘fraud’ committed by Jerome Larkin and the IARDC in attempting to silence you was outrageous and a serious stain on the reputation of the entire legal profession of this State of Illinois.   Larkin not only misrepresented the facts of In re: Mary Sykes -09 P 4585, but Supreme Court of the United STates decisions and the transcript of proceedings  – as well as he was not candid about his own conduct – i.e. hiring a non-licensed court reporter.

The actions of the judicial officials – i.e. the judges, the GALs, the attorney for the petitioner et al were criminal acts.   The cover up was another criminal act.    The United States of America is involved as Mary Sykes was placed in a nursing home and other sheltered care facilities unlawfully and without reasonable necessity.   The net is a theft of Medicare and Federal Health care funds. 
 
The mere incorporation by reference of the Circuit Court of Cook County file 09 P 4585 should alert any competent lawyer to the fact that the protections required in 755 ILCS 5/11a – 10 in reference to Mary Sykes were not complied with in any way.
 
1) There was no service of summons according to the Sheriff.   In fact, the record reveals that the Petitioner (and her attorneys) knowing that Mary Sykes had been kidnapped and taken to DuPage County, Illinois directed the Sheriff to serve Mary in Cook County.   A quick search of the clerk’s records will indicate that the form of summons required by 755 ILCS 5/11a – 10 was not handed out to attorneys.
 
2) the required 755 ILSC 5/11a – 10 service of prior notice of hearing on next of kin was never even attempted or contemplated by the petitioner or her attorney.
 
3) There was no hearing as to Mary Sykes’ competency – yet, Adam Stern is reported to have prepared an order appointing a plenary guardian knowing that the required hearing was not had.  Judge Connors, who on page 91 of her evidence deposition admitted to being wired, signed the order also knowing that all the protections of 755 ILCS 5/11a – 10 were ignored.
 
Mr. Larkin has in his files the affidavit of Gloria Sykes  – Gloria and Mary had a joint safety deposit box.    In that affidavit she avers the theft of a million dollars in gold coins.   This asset was never inventoried!    Why did Larkin refrain from investigation of their theft.  In fact, Larkin at the IARDC filed motions to quash discovery of the theft of items from the safe deposit box, but Gloria Sykes prevailed and uncovered reports indicating the Plenary Guardian had in fact drilled out the safe deposit box without a court order and emptied it.
 
Of course Mary Sykes died during captivity –  did she die of natural causes, because she was still protesting her captivity, or because the last dollar that could be extracted had been taken into possession of the guardian?    All Totaled over 3 million dollars has found its way into the miscreant’s pockets.   Larkin’s overt action was the cover-up!     He has proved his culpability by the manner in which he has conducted himself.    Had Larkin nothing to hide, he would have been happy to request an HONEST INVESTIGATION.    Hell – he would have hired a licensed court reporter and certainly NOT misrepresented the decisions of the SCOTUS.    He would have had no stake in the proceedings and thus it would not matter to him if we were disciplined or not.    A quick look at file 09 P 4585 would have caused him to bring charges against his stooge, the two guardians and Peter ****.    He also would have made criminal referrals to the States Attorney of Cook County for the theft, obstruction of justice and perjury. 
 
You have taken on the task of helping so many people who have become victimized by the health care fraud – your task would be simplified if you had your license back.    I respectfully suggest that you publicly demand JUSTICE for yourself.

Ken Ditkowsky

www.ditkowskylawoffice.com

Dear Ken;

You are right and I have made recent demands to the US DOJ to prosecute these crimes and all the stolen money and the conspiracies to fleece estates and murder elders and the disabled.  If you are old or sick, you are an easy target.  They shoot fish in a barrel, now, don’t they?

Just this last week, I have heard of the murder of yet another abused probate victim, Mrs. Ilwanna Lahoody who was sentenced to hospice against her will, she contracted yet another bout of an UTI and pneumonia, and life saving antibiotics were denied her because, “well, don’t you know, she is in hospice”.

Apparently hospice has become the latest version of EMTALA or patient dumping act where the poor, elderly and disabled may be neglected.  (see, EMTALA, below)

Mrs. Lahoody was a devout Roman Catholic. She did not believe in Hospice or failure to treat.  She was isolated from her Protective, caring son for years by an evil court cabal because the son and mother were left $600k by dad a decade ago.  So what did the court do?  They invaded a joint account without a court order, Petition, Notice or Hearing.  Money is money, no matter how it is stolen.

In Illinois, we could not treat an elderly cat or dog like this, or we would be hit with Cruelty to Animals, but it happens all the time to the elderly and disabled in guardianship.  Their death sentence, without years of appeals, is now called hospice.  Confine them to bed with alarms, don’t let them get any fresh air or sunshine, feed them crappy food and soon, they will lose all hope and die.

No one will call an ambulance any longer when they are sick.  I am sure they don’t even pass out band aides in hospice.

Another case I just heard about is poor Mrs. FP.  She has Stern for a GAL and Quinn for a judge (the same judge that stood by and takes weeks or forever to get ER care for a critically ill woman.  I guess when a judge ignores please for weeks and days on days that an elder needs immediate ER care, her response is “emergency orders take 3 days.”)

THREE DAYS?!?!?!?!  These are the elderly, the disabled.  They should have court on the weekends to be sure the GALs and “guardians” aren’t murdering someone.

Getting back to Mrs. FP.  She wanted to live in her home until she died with her son caring for her there.  So what did evil sis do?  She granny napped her to the Joliet area, Mrs. FP was never served in accord with the Illinois Probate Act (no reading her rights, no leaving a sheet of her rights and how to challenge the guardianship), and in addition, I am told a certain GAL how goes out to visit and instructs the elderly/disabled they must NOT go to court!

This is how GALs are trained now?  To directly violate human and civil rights?

Two words:  bar complaint.

Long story short ,Mrs. FP’s home is a goner, her small savings, everything.  Of course, evil sis who was appointed guardian no longer has any desire to care for her and wants to put her in hospice/nursing home.

No one would ever believe what I do for a living.

The protective family members are always in tears, they are emotionally wiped out from ruthless, greedy judges and lawyers.

And, did a certain lawyer, Mr. JP ever file a Sodini motion when he learned no one was served/notified of the hearing?  Of course not!

Let’s pray for them all and that justice and human and civil rights will become an important part of our nation’s court system.

Joanne

The Emergency Medical Treatment and Active Labor Act (EMTALA), also known as the “Patient AntiDumping” statute, is a Federal statute intended to prevent Medicare-participating hospitals with dedicated emergency departments from refusing to treat people based on their insurance status or ability to pay.

This means if you can get an elderly or disabled person to the ER, they MUST TREAT.  Except for poor Mrs. Brouckmeersch, at age 94, a state employee couldn’t wait to tell an NMH doc “don’t treat, return her to the ER” where of course she died the next day, leaving her Protective Daughter in tears over the abuse.  All Mrs. Brouckmeersch needed was an IV and a blood transfusion.  This was because previously NMH had overdosed her on heparin, and now they were going to murder her to cover up the abuse/malpractice.

 

Email snooping on your spouse–is it legal? Nope says the 7th circuit

From Law 360 and my friend Nejla Lane:

Wife Violated Wiretap Act With Email Snooping, Jury Told

Law360, Chicago (August 1, 2017, 8:02 PM EDT) — A wife who allegedly read her husband’s email for years violated the federal Wiretap Act while trying to gain leverage over him during their divorce, counsel for the husband told an Illinois federal jury Tuesday.

In opening arguments on the first day of trial in Barry Epstein’s lawsuit against his now ex-wife Paula Epstein, Barry’s attorney, Nejla Lane of Lane Keyfli Law Ltd., told jurors Paula set Barry’s email to auto-forward to her account in violation of the Wiretap Act and the Stored Communications Act, among other statutes.

Barry didn’t know his email was being read until the divorce was underway, Lane said, because he had an expectation that Paula was not using his computers or logging in to his personal account. But Paula got details she claimed were evidence Barry was having an affair, which she used in an attempt to humiliate her husband as the divorce went on, Lane said.

“She did this to gain control over Barry, to gain access over his entire life,” she said.

In 2014, several years into their divorce, Barry sued Paula after he received discovery that he said showed she was intercepting the emails he received and sent.

U.S. District Judge Thomas Durkin granted Paula’s motion to dismiss in April 2015, pointing to timestamps on the disputed emails that he said showed a lag time between when Barry’s account sent the email and when Paula’s account received it. The gaps indicated there was no auto-forwarding rule, he said.

But the Seventh Circuit revived the suit in December, saying Judge Durkin hadn’t given Barry Epstein time to investigate whether the emails were intercepted contemporaneously, as some circuits have said the Wiretap Act requires.

“The allegations against Paula,” Circuit Judge Diane Sykes wrote in the appellate court’s majority opinion, “technically fall within the language of the act, though Congress probably didn’t anticipate its use as a tactical weapon in a divorce proceeding,”

On Tuesday, Lane told the jury that Barry and Paula had entirely separate computers and entirely separate email accounts. But Paula used his computers and turned on the forwarding while Barry was out of the house or away on business, collecting about 200 of his emails over a six-year period, she said.

She filed for divorce after she learned from the emails she read that Barry was planning on leaving some of his money to various charitable causes after his death, Lane said. Rather than allow that to happen, she tried to use the material she collected in a divorce to get a more favorable settlement, an act worthy of punitive damages, Lane said.

Paula’s attorney, Scott Schaefers of Brotschul Potts, didn’t deny that Paula had read Barry’s emails but told the jury his client was the one who was being extorted.

Paula came across the emails when using the computers in the couple’s home, which were shared, Schaefers said. Barry never closed his email, he added.

She forwarded herself several individual emails she believed were evidence he was having an affair, and confronted him about them in other emails, Schaefers said. She used language identical to what she saw him write to the other women, making it clear she had read his email, he said, but Barry didn’t care until the divorce threatened to split up his money.

The fact that Barry heard that language and knew his emails were compromised — but did nothing to stop Paula — means he gave his consent, Schaefers said. Consent overcomes any statutory violations Barry alleges, he said.

And the fact he knew means the statutes of limitations on these claims have already expired, Schaefers added.

“It’s a lot of hooey,” Schaefers said.

Barry Epstein is represented by Nejla Lane of Lane Keyfli Law Ltd.

Paula Epstein is represented by Scott Schaefers of Brotschul Potts.

The case is Barry Epstein v. Paula Epstein, case number 1:14-cv-08431 in the U.S. District Court for the Northern District of Illinois.

–Editing by Joe Phalon.

Epstein v. Epstein et al

Case Number

1:14-cv-08431

Court

Illinois Northern

Nature of Suit

890(Other Statutory Actions)

Judge

Honorable Thomas M. Durkin

Date Filed

October 27, 2014

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