Breaking news–KDD found guilty of “misconduct” but exactly what miscondut?

Dear Readers;

Apparently today KDD received a letter from the ARDC saying they found him guilty of “misconduct”. No reasoning.  No findings of fact, no conclusions of law, no reasoning.  Just a blanket statement.

So what was the misconduct, exactly?  Was it because Larry Hyman made CF cry?  Was it because the cats in the peanut gallery commented on the fact LB’s high heels were too big and she flashed boobage during the proceeding clearly aimed at her second chair and the hearing panel chair to distract them?  Was it because the peanut gallery, consisting of the 6 to 8 major probate blogs shows up and laughed at LB during appropriate moments because she is clearly technologically challenged?

Many inquiring minds want to know.  Hey, I want to know.

But outpouring of sympathy and support for KDD is resplendent among the bloggers and peanut gallery and anyone else who read and reads his words of wisdom.

I advised him long ago to go to Federal Court because the ARDC was clearly “in” on all of this too and friends and cronies of the miscreants.  But did he listen?  Heck no.

So Ken, don’t dispair.  Get your butt over to federal court where the judges didn’t sleep during Con Law 101 and don’t have cronies on the 18th floor.  That’s where you belong and that’s where your intellect and abilities will shine.  Mucking around with the alligators in the swamp is not where you belong.  You are better served up on the hill with wise, intellectual human beings for a change.

take care

joanne

—– Forwarded Message —–
From: Martin
To: “NASGAmembers@yahoogroups.com” <NASGAmembers@yahoogroups.com>
Cc: kenneth ditkowsky
Sent: Friday, September 14, 2012 5:32 PM
Subject: Re: [NASGAmembers] From Attorney Ken Ditkowsky re: Order – dated August 10, 2012 In re: Kenneth Ditkowsky 2012 PR 00014
Ken I would suggest on Monday you contact Richard Thompson of the Thomas More Law Center and have them represent you pro bono for violations of your 1st amendment rights to free speech. I was on the security detail for Pastor Terry Jones and Wayne Sapp and they were railroaded to about their free speech rights and they won their case.
Richard Thompson is the former Oakland County Prosecutor who successfully convicted Dr. Jack Korvorkian of assisted suicide. I will call you tomorrow with the contact information and the other contact person there is my friend Kathlyn Lynch.
Never give up my friend.
Regards,
Marty Prehn
PS Sounds like we may need a protest
From: nasga us <nasga.org@gmail.com>
To: NASGAIllinois@yahoogroups.com; NASGAmembers@yahoogroups.com
Sent: Friday, September 14, 2012 5:56 PM
Subject: [NASGAmembers] From Attorney Ken Ditkowsky re: Order – dated August 10, 2012 In re: Kenneth Ditkowsky 2012 PR 00014

From: kenneth ditkowsky <kenditkowsky@yahoo.com>
Date: Fri, Sep 14, 2012 at 1:41 PM
Subject: Order – dated August 10, 2012 In re: Kenneth Ditkowsky 2012 PR 00014
To: NASGA <nasga.org@gmail.com>, probate sharks <verenusl@gmail.com>, JoAnne M Denison <JoAnne@denisonlaw.com>, Tim Lahrman  Bev Cooper

Larry Hyman called to tell me apparently before the ARDC panel left for the day they found me guilty of misconduct.  As representatives of the various organizations that protest elder abuse/financial exploitation of the elderly  sat through the hearing it is apparent that each organization having a person present has an opinion as to the veracity of the finding that I acted improperly.   It would be helpful to me, if you would publicly express that opinion to the panel, the ARDC, and the public in general.
The ARDC order did not specify what conduct was misconduct, but, as the only conduct alleged was my complaining about the fact that Mary Sykes was railroaded into a guardianship sans jurisdiction and this situation has prevailed for three years – It is apparent that Lawyers are guilty of misconduct if they report elder abuse, financial exploitation of the elderly and/or exercise their First Amendment Rights.
It thus appears that the policy of the State of Illinois as stated in 735 ILCS 110/5 is just verbiage- it means absolutely nothing.  It apparently is the policy of the State of Illinois that the jurisdictional protections of 755 ILCS 11a – 1 et seq are irrelevant.    It is apparently the policy of the State of Illinois that the protections of the First Amendment are irrelevant, and the Supreme Court is also irrelevant.    An attorney who acts to disclose the ‘dirty little secret’ that senior citizens are being routinely deprived of their life, liberty, their property, their civil rights and human rights you can expect that you will be disciplined.  Censorship is alive and well!   The separation of a 90 year old lady from a million dollars of assets is a subject that must be ‘covered up!’   To request an investigation is obviously unethical.
Even though it is aggravation of my misconduct to advocate to law enforcement that they investigate the Mary Sykes case and similar cases I renew my call for an honest, complete and comprehensive investigation.   I do believe, though I could be wrong, this is still America and we still have a First Amendment and a Bill of Rights.  Democracy is not a spectator sport!
Ken Ditkowsky

http://www.ditkowskylawoffice.com/
Dear Ken;
Just a minor correction, but seniors are being deprived of life, liberty, property, human rights and civil rights.  We all know that nursing homes are dangerous places and seniors live about 40% or more fewer years there than in their own homes, so when probate courts declare seniors ALWAYS demented, ALWAYS in need of 24/7 specialized care in a lock down facility (to be sure they don’t escape home before the home is sold), then medicare liens the home, sells it and that pays the US govt AND the probate attys–everyone gets a piece of grandma’s and grandpa’s pie, except the families, we KNOW they’re not happy and they will lose the will to live.  It is clearly a deprivation of life, liberty and property and the shameful, dirty little secret of the US, and probate attys in general.

Ken Ditkowsky does a Cable Access Show on Sykes

Dear Readers;

In case you did not know, last night Ken Ditkowsky and Bev Cooper engaged in a wonderful discussion of the evil and corruption which has crept into the 18th floor of Probate, and specifically this show featured the ARDC proceedings.

I was at the taping, and I have been promised disks of relevant shows which I will post on Vimeo and Facebook for your viewing enjoyment.  The cable show airs on the North Shore in various suburbs on Comcast including approx. Highland Park, Winnetka, Lake Forest, etc.  Bev tells me it will air repeatedly over the next few days, which is great and will give the issues a whole lot more exposure.

Please read on for KDD’s wonderful assessment of portions of his trial (which I happen to agree with).

I also want to thank Bev and Ken Cooper very much for all their hard work on these shows, protecting Probate Court victims and eliminating corruption from the courts.

JoAnne

Ms. Denison/Ms Cooper
Ms Cooper, thank you for the opportunity to appear on your program and express my views on the Elder Abuse/Financial Exploitation of the Elderly situation.
On the way home from your studio I was reminded of the most serious of the allegations that I have made concerning the Elder Abuse/Financial Exploitation situation.   It is interesting that it is the one series of allegations that the ARDC has stayed far away from even though, the ARDC attorney wanted to know if I repented for writing a complaint letter to Attorney General Holder and disclosed the three currency situation that I believe that I uncovered.   Of course I did not repent as I believe that under the First Amendment I have a right to communicate with my government and with the public.    The cross examination questions are significant in that they assumed that there was something wrong with my communicating with law enforcement and others information that is detrimental to a whole group of well connected individuals who receive from the State and Federal governments very significant sums of money.  (The suggestion that it was unethical to disclose the three  currency scenario was most troubling.   Why should the ARDC be concerned that I was disclosing a ‘fraud!’?)   The verification of situation was not only the statement from a nursing home owner, but the fact that my niece was terminated in retaliation.   As a citizen I have a right to be concerned and under the First Amendment my right is absolute.  Our Federal Government is 16 trillion dollars in debt.  It is respectfully submitted that every citizen should report questionable situations in which the hard earned tax dollars may be acquired under suspicious circumstances.
 That said, the nursing home agreements are all uniform and all drafted by the very same attorney for his key client.     The agreements involve the basic structure of the nursing home agreements.     The crux of the agreement up until I got involved was understood by people in the know to be a debtor/creditor relationship masquerading as a limited partnership.   Pursuant to the agreement the understanding was that the general partners were to receive a management fee of 5 to 7% of the gross income of the facility.
The attorney who drafted the agreement recognized that under Illinois law the only person who can manage a nursing home (care facility) is a State licensed administrator.    Thus he drafted the agreement to provide that the general partners can participate in the management (administration) and not create a conflict of interest.    If they participated the management would receive the fee of 7% – 9%.     To participate in the management a State license is required.    The agreements that I was furnished – in my opinion – do not authorize an exception to 805 ILCS 215/406 (f) with regard to the statutory prohibitions infra.
Thus, in most of the nursing homes  – I say most, because there might be an exception or two – the licensed administrator manages the nursing home and is usually paid a salary.     There is no provision for an unlicensed administrator.    Now read 805 ILCS 215/406 (f).    “(f) a general partner is not entitled to remuneration for services performed for the partnership”     Thus, Mr.Esformes, Mr. Kaplan, Mr. Rothner,  et al. have been taking money for management of the partnership and were not entitled to the same.    If this money was charged to the State of Illinois as part of the administrative expense in medicaid or similar cases the State of Illinois (and the United States of America) have been overcharged in the same manner as might be alleged in connection with the transportation, drug, nursing, etc.     The big difference is that with the number of nursing homes, the duration and **** we could be talking a billion (with a B) dollars in State reimbursements.    Depending on how this was reported on tax returns were could be talking about a significant amount of taxes.    Accordingly, we need an immediate honest, complete, and comprehensive investigation into all these elder abuse/financial exploitation cases.    As I’ve indicated this investigation must do more than just scratch the surface.   I believe that the Sykes case is tied into the Federal Investigation into the transportation of nursing home occupants (Kaplan and Rothner), the pharmaceutical purchases (Esformes),  Energy (Multiut) etc  ****.   This is an octopus with many heads.    I previously suggested that there were three currencies used to ‘cover up’ the miscreant activity.    US currency being used for legitimate operations, nursing home beds for intramural transactions, and opportunity for even more critical scenarios.     (As I am not a professional investigator at best the foregoing is supposition.    It may be 100% wrong; however, I believe in its accuracy and therefore submit it to my friends and to selected law enforcement, including Senator Kirk to ascertain if my observations are accurate)
Now couple all this with the other politically related Elder Care scandals involving isolation, deprivation of rights, cover up, voting, etc., in which the cabal is involved, then we are talking some major money and a major reason for attempting to shut up lawyers who might blow the whistle or might alert the authorities.
As I informed the ARDC attorneys during cross examination, I intend to continue to exercise my First Amendment Rights and report to my friends, my neighbors, my clients and my government the information that I feel needs investigation.   As I told Mr. Carter and Mr. Doluce my files are open to them and I will share.    With our government is in need of funds to operate, I believe that those who desire to deny the senior citizens their liberty, their property, their civil rights and/or their human rights ought to pay their fair share.
Ken Ditkowsky

www.ditkowskylawoffice.com