From FB: How to Operate Smoothly in Probate with Little Oversight, the story of Miriam Solo Soloveichik Greenfield Faskowitz

Miriam Solo (aka Miriam Greenfield, Miriam Soloveichik, Miriam Faskowitz)

licensed attorney, Illinois.

Parents: Rose Joffen (Raizel) and Chaim Borouch Faskowitz

Siblings: 4 siblings, 5 children total. Moshe, Moredchai, Brandy and Michel.

Link to supporting document file:  https://drive.google.com/open?id=1wZKLV_7s6uYmE-Heg83u3wWmO7be7k-Z

Estate involvement:

1) Estate of Marjorie Ivy, a long time girl friend of brother Mordecai Faskowitz

On April 11, 2014, Chris Ivy, the nephew of Marjorie Ivy, files a Petition to become the Independent Administrator of his deceased sister Marjorie Ivy. Page 1

According to a October 11, 2013 article in the Chicago Tribune, Mordecai Faskowitz shared an apartment with 70 year old Marjorie Ivy, page 12. The Cook County medical examiner’s office determined that Marjorie Ivy died from multiple stab wounds and cuts in a homicide. Mordechai Faskowitz was held without bail on a murder charge.

Marjorie Ivy had been dead for days, because a man who had keys to the building discovered her body because he had not seen her for days and the apartment was emitting a foul odor. Page 12.

Mordecai F. Admitted to the crime but had to be tazed by police so they could arrest him. Page 13. A friend said of Ivy, that she was a very nice person “who was passionate about animal rights.”

The value of Marjorie’s estate in the Petition was listed as $850,000 by the nephew Chris Ivy.

On page 3, a listing of Marjorie’s assets shows a Vanguard IRA, a Drefus Crop investment account and a New York Life Insurance policy, all naming Moredecai Faskowitz as Beneficiary and/or his trust, Mordechai Faskowitz Supplemental Care Trust. Page 2, ¶ d indicates that it was Razel Faskowitz who created the MFSC Trust naming Miriam Greenfield as Trustee in 2006.

Page 4 shows that Mordecai was found Not Guilty by Reason of Insanity. Para. 10 relates that Marjorie died of more than 40 stab wounds.

Page 2 shows that the Estate of Marjorie Ivy attempted to reclaim all assets left to Mordecai on under the Illinois Slayer Statute which provides that “A person who intentionally and unjustifiably causes the death of another shall not receive any property, benefit or other interest by reason of the death…in any capacity.” Para 11.

Pages 9 to 11 shows that Marjorie Ivy has some 28 nieces and nephews with an interest in her Estate.
Miriam Solo then files an Affidavit with the Estate of Marjorie Ivy in which she explains: 1) she is the younger sister of Mordecai (page 15). That she met with Mordecai and Marjorie (Gayle) Ivy in June 2016 for Marjorie to “provide for each other” and “Gayle’s specific desire to add to the trust, of which I was the trustee.” ¶ 6.

Question: how is it that Marjorie dies October 13, 2013, Mordechai is put in jail, but then she and Mordechai are meeting with Miriam Solo in June of 2016 to move Marjorie’s assets into Mordechai’s estate upon her death? Why is Miriam Solo helping with this when Mordechai is her brother and she is the trustee of his “Supplemental Needs Trust”?  When Mordechai dies, his Estate flows into a Supplemental Needs Trust (again, Miriam Solo is the Trustee) (see below), but why would Marjorie Ivy want to leave her Estate to Avrohom Soloveichik whom she is not related to, upon Mordechai’s passing?

The Affidavit continues on with ¶ ¶ 8 to 33 detailing Mordecahi’s alleged schizophrenic episodes which led up to Marjorie’s death caused by over 40 stab wounds from Mordechai. The real question is, why was Miriam Solo acutely aware of Mordechai’s deteriorating mental health, but she did not make certain that he had his meds and was taking them. She was the only sibling living in Chicago at the time, and she had his POA and he was at her house sometimes during August to September 2013 and Miriam Solo knew his mental condition was extremely poor at that time, yet she did nothing about it.

The probate court, after briefing and hearing, the court then issues an Order that the Petition to disqualify Faskowitz under the Slayer Statute is denied. Page 28. This was based upon a Petition for Summary Judgment filed by Miriam Greenfield on December 7, 2017, page 53 to 63. Miriam Greenfield signed as “agent pursuant to the power of attorney for Mordechai Faskowitz”, p. 36.  How did Miriam Solo get this Power of Attorney when Mordechai has been incompetent for years and subject to shcizophrenic and dangerous episodes for most of his life?

A dispute ensues over Mordecahi being able to answer Interrogatory questions prior to hearing because he is institutionalized. Pages 29 to 34.

Page 37 show the beneficiary change request to Moredecai Faskowitz and a secondary beneficiary, Adrienne Russ, both listed as friends. This was done June 23, 2010 and not in June 2016

An Interpleader action was also filed over the the New York Life policy. Page 39.

It is not known from the court records if Mordecai’s deposition was ever taken.

It does not appear in either the court records or in the decision on Appeal, if anyone noticed that the standard to convict for an intentional homocide is “beyond a reasonable doubt’ in criminal court, but there is a much lesser standard of “more probable than not” to disinherit a person in Probate court.

By the time the Interpleader is filed, there are now 45 nieces and nephews claiming an interest in this estate. Pages 41 to 44.

The decision was based upon a Summary Judgment Motion which had argued that Res Judicata applied to the finding of NGRI, and therefore Mordecai was barred from inheriting from his stabbing victim Marjorie.

The Appellate court ruled at ¶ 30 however: A Finding of NGRI on a Charge of First Degree Murder Does Not Create an Irrebuttable Presumption Under the Slayer Statute.

The issue for Marjorie Ivy, stabbed to death over 40 times by Mordecai, was taken up on Appeal and the Illinois Appellate court ruled that the trial court’s decision that someone found “not guilty by reason of insanity” is not irrefutably covered under the Slayer Statute. They find that the use of Summary Judgment was inappropriate for the issues at hand, that is whether the killing was intentional. The court noted that admissions spoken to various doctors during examination could not be excepted from the hearsay rule and were not considered. No deposition was ever taken of Mordecai and since he died on May 15, 2019 (page 49), it is doubtful that there is any possibility of preventing his estate, his Trust, operated now by Miriam Solo, to go to the rightful heirs or the nieces and nephews of Marjorie Gayle Ivy.
No new pleadings have been filed as of that decision.  A status is set for Jan. 14, 2019.

The Appellate Court decision is located at:
https://courts.illinois.gov/Opinions/AppellateCourt/2019/1stDistrict/1181691.pdf

Note “Miriam F. Solo” is listed as an attorney on appeal, presumably for brother Mordechai Faskowitz. ¶ 15, “Respondent, through his agent” filed an answer to the Petitions to disinherit him under the Slayer Statute. Meaning Miriam Solo was the agent for Mordechai, but where is her Power of Attorney, when was it executed and how did she know he was in his right mind when it was executed. Or, is it a durable power of attorney that would survive Mordechai’s insanity and incompetence? In any case, Mordechai Faskowitz had been confined to the Elgin Mental Health Hospital since his criminal trial, and perhaps before that up until his death in May of 2019.

More important, the will Miriam Solo filed as Executor was prepared just days before the death of brother Mordecai and it no doubt had to be Executed and witnessed at the Elgin State Mental Hospital. Was Mordechai even competent at that time, not insane, not mentally disabled? After all these facts, that would be quite a stretch to say Mordechai was even competent to have a will. And what about the POA which was used to file all the documents and pleadings in this case? How could a POA be valid when Mordechai was regularly seeing demons and hearing voices? Was it a durable POA granted years earlier when Mordechai was more mentally stable?

And while Marjorie Ivy’s estate is purported to go to the Special Needs Trust for Mordechai Faskowitz, his will at page 45 states that his Estate will go to the Special Needs Trust for Avorihim Soloveichik, another disabled individual. In these special needs trusts, however, the beneficiaries are incapacitated or incompetent, so who is overseeing the management of these funds?

More important, it would appear that Miriam Soloveichik back in 1994 was appointed the Guardian of Avohom Soloveichik, 94 P 10177. Despite the fact she was legally required to file an annual report on the ward, as well as an accounting if the ward held any personal property, Miriam Solo has filed just two annual reports on the ward, so how is then that Miriam Solo is qualified in any manner to manage a trust with $850,000 in it for Avrohom Soloveichik, a disabled person. (https://drive.google.com/open?id=1W-CwP1zSqtSZXGDIVA88xJHy8ZKL4WOo)

2) Estate of Mordechai Faskowitz

Right before the Appellate court decision of June 26, 2019 was handed down, Mordechai Faskowitz dies on May 15, 2019, page 49, and younger sister Miriam Solo Greenfield Petitions to become his Executor.

While all along during the Probate proceedings for Marjorie Ivy in which Miriam Solo was arguing on behalf of Mordechai Faskowitz that Mordechai was hopelessly insane, seeing and hearing demons, stabbing them and skipping his meds, we find that Mordechai Faskowitz, who never gave a deposition or answered critical Interrogatories, is now able to execute a will and is suddenly of “sound mind and memory”. Page 45.

Question, which is it? Was Mordecai hopelessly schizophrenic, seeing demons, stabbing at demons, or is he of “sound mind and memory.” Who is manipulating his pleadings in court?

On page 45, Miriam Solo Greenfield is appointed Executor of his Will and his entire inheritance is amazingly provided to Avrohom Soloveichik Supplemental Needs Trust, even though Mordechai has numerous nieces and nephews and Avrohom has been, for years, placed in an institution in New York as a disabled adult.

The witnesses are illegible, and not typed into this will but appear to be Miriam Greenfield at her address 6538 N Sacramento, and an attorney friend of hers, Jonathan Shimberg, 9003 Lincolnwood Dr, Evanston, IL 60203, Page 46.

NOTE: this will, likely created by Miriam Solo, is not notarized. The names of the witnesses are not typed out. No phone numbers are emails are provided for the witnesses.

Listed as heirs on Page 51 are Avrohom Soloveichik Suppplemental Needs Trust with Miriam Soloveichik as Trustee (now listed as M. Greenfield, Trustee), together with brother Moshe Faskowitz, and sisters Michele Triester and Brandy Tuchman. On page 52 it also lists Miriam Solo Greenfield. Avrohom Soloveichik is Miriam’s eldest special needs disabled son by her first marriage.

Further provided in this estate is an Affidavit of Heirship noting that Chaim Faskowitz (DOD Aug. 1997) and Razel (Rose) Jofen (DOD Dec. 2018) are the parents of the decedent Mordechai Faskowitz. Page 47.

In this Affidavit Chaim and Razel or Rose Faskowitz had 5 children: Moshe, Mordechai, Miriam, Michele and Brandy.

2) Estate of Irving (Isaac) Faskowitz (Fisk) and Sofia in Florida

On April 8, 1999, Sofia (Fisk) Faskowitz died leaving her entire estate to her husband, Irving Fisk.Page 100 and 98.

On June 22, 1999, Irving (Isaac) (Fisk) Faskowitz died, but his will only name his wife who had predeceased him. Pages 101 and 96.

Neither of the wills executed by Sofia and Irving Fisk named any other beneficiaries other than themselves.

A probate proceeding, PC 99-307 was opened in Florida and Rose Faskowitz, mother of Miriam Faskowitz Soloveichik Greenfield, promptly filed an Affidavit of Heirship (page 65) claiming that her husband’s name was Chaim, and that he was a cousin and uncle of the decedent, Irving Faskowitz. ¶ 15. This was because the decedent’s father was Isaac Faskowitz, and Isaac’s father was Mordecai Faskowitz. Mordecai had another Son Moshe. Son Moshe married the daughter of Mordecai, or in other words, Daughter Miriam supposedly married her uncle Moshe. They had four children: Chaim, Alter Mordecai, Breina and Beila. Only Chaim had children. Chaim married the Affiant, Rose Faskowitz, and they had four children: Moshe, Miriam, Brandy and Michel. ¶ 10.

During World War II, Chaim’s entire family was in Poltusk, Poland.

The Affiant, Rose (Razel) Faskowitz, then claims the rest of the family, other than her and Chaim, perished in a Nazi concentration camp during World War II.

However, it must be noted that while ¶ 10 of the Affidavit of Rose Faskowitz lists four children (Moshe, Miriam, Brandy and Michel); note that in the Estate of Mordechai Faskowitz, Rose suddently has a 5th child–Mordecai.

On page 50-51, the Affidavit of heirship for Mordechai’s Estate clearly shows 4 siblings: Moshe, Brandy and Miriam. Apparently on January 5, 2001 Rose (Razel) Faskowitz forgot she had a 5th child.

We know that Miriam Greenfield Solo was involved in this because she filed a Consent and Waiver and acknowledged a copy of the Petition to Determine Beneficiaries and waived notice to hearing on the Petition to Determine Beneficiaries. (Page 65). She also received a copy of the Fla. ATG Petition to Set Aside Finding of Beneficiaries.  Page 82.  While brother Mordechai was remembered when he hacked his girlfriend Marjorie Gayle Ivy to death, she forgot he had to be included in this estate of alleged Uncle/Cousin Isaac Faskowitz.

Nonetheless, the Affidavit of Heirship filed by Rose (Razel) Faskowitz turns out to be utter nonsense.

On August 2, 2001, the Attorney General of Florida investigated the Probate Case of Irving (Isaac) (Fisk) Faskowitz and concluded that none of the children of Rose Faskowitz were in fact related to Irving Faskowitz, the decedent. While the Affidavit of Rose Faskowitz tells a long tale of nieces marrying their uncles (the family tree that does not branch) and harrowing escapes from Nazi occupied Europe to the US, none of that is apparently true.

From ¶ 8 of the ATG letter:

The information provided by the discovery of the decedent’s birth certificate is inconsistent with the Affidavits in support of the Petition to Determine Beneficiaries as follows:

a) the decedent’s name at birth was Isaac Faskowitz, not Irving Faskowitz, as alleged by affiants.
b) the decedent was born in the Borough of Manhattan, City of New York, State of New York; not Poland as alleged.
c) The decedent’s parents were Harry and Anne Faskowitz, not Isaac Faskowitz, as alleged.
d) The decedent did not, nor did his parents, immigrate to the United States from Poland. The decedent’s parents immigrated from Russia, and the decedent himself was born in this country. ¶ 8, p.81 ¶

It should also be noted that Isaac Faskowitz was married to Sofia Faskowitz and her death certificate says she was born in Puerto Rico and therefore was an US citizen. Nothing was said of her in the Affidavit. Most likely decedent met his wife in the large Puerto Rican community when he was young in Manhattan. The decedent was an US citizen born in New York City.

Despite the fact that the ATG of Florida researched the probate estate and found the heirs to be a fraud, no action was taken by the Florida Probate Court and on December 2006, the Estate was finally distributed with a total of $1,592,456 for 4 beneficiaries, or $398,114. Not bad for finding a similar name and cooking up affidavits.

On page 89, An agreed order was entered determining the beneficiaries to be Miriam Greenfield, Brandy Tuchman, Michel Triester and Moshe Faskowitz. No mention of brother Mordechai.

On page 91, it appears that Moshe Faskowitz, Rose Faskowitz and Dr. Jean Jofen were already to testify there were 4 children of fake Uncle/Cousin Mr. Isaac Faskowitz and not 5.

On page 93 is the Proof of service of final accounting and petition for discharge. Again, no mention of a 5th sibling in the Faskowitz sibling group. Mordechai is missing his hundreds of thousands of dollars. And Miriam Solo Soloveichik Faskowitz Greenfield is part of it.

3. Estate of Ralla Klepak

On May 3, 2019, Miriam Solo Greenfield files a Petition to become the Executor of her friend, Ralla Klepak, who passed on April 25, 2019. Page 118.

She lists the value of Ralla’s personal property at $1 million and her real estate at 2046 W. Addison Ave, Chicago for $250,000, despite the fact that Ralla’s office building, which she owns, is worth easily over one million dollars. In addition she owns a home on Addison Ave and a home in St. Petersburg, Florida.

The decedent, Ralla Klepak, has told many people that she adopted a Mexican son, however no “son” is mentioned in her will at Page 102. A Jorge Bautista at 5158 N Ashland is listed in the will, but he is not mentioned as a son. According to Instantcheckmate.com there is a person named Jorge Bautista at 5156 N Ashland and an address in Tampa, Florida. However he is 71 years old and clearly not a “son” which Ralla met and adopted at age 10 some decades back.

The bulk of the Estate is given to Miriam Solo. All the contents of Ralla’s home. Third ¶ p. 103. Jorge Bautista $500,000. Miriam Solo is given Ralla’s Puerta Del Sol South Apartment in St. Petersburg, Florida. P.105, FOURTEENTH ¶ , the rest and residue of her estate to the Ralla Klepak Trust for the Performing Arts, and Miriam Solo is to get $75,000 per year for managing the trust. Page 109, Article4 (sic). Large amounts are given to various charities on p.110. $100,000 to Victory Gardens Theater, $100,000 to Steppenwolf Theater, $100,000 to Northlight Theater, etc. Page 110

The Will appears to have been quickly drafted with tons of typos.

A typical will has the Testator initial every page of the will. No pages are initialed in this Will.

The will has an attestation clause by witnesses, but it is not notarized, as a will typically is notarized.

Sharran Greenburg is a witness, and mentioned in the will.

The will is executed 2 months before she died. Just like some others…..

4. Guardianship of Alice Gore

Cooper’s Corner show.

here is a video with a lot of detail about MS:

https://www.youtube.com/watch?v=mG8FZhBJGXI

Bev Cooper (the host of the show) is the daughter of 99 year old Alice Gore.
Miriam Solo (aka Soloveichik, Greenfield, Fisk, Faskowicz), was the Guardian ad Litem for Alice Gore.

11:18 – MS brought false charges against Bev Cooper and obtained a false Order of Protection
Bev Cooper had to pay to see her own mother at Warren Barr Pavillion, a nursing home 20 miles from Bev Cooper’s home. Bev Cooper loved to take care of her mother and told Miriam Solo she wanted to take her mom home and take care of mom — for free.

12:19 – Nursing home is owned by a cousin of MS

13:10 $1.5 million is billed by attorneys in fees during 3 years of guardianship

13:15 – Alice Gore loves to eat, but against her will a GI tube is inserted so she can never eat again.

14:40 – MS chooses a mentally ill granddaughter, with multiple psych hospitalizations to become the guardian of Alice Gore, over the objections and petitions of Bev Cooper to become the guardian of her own mother

15:50 – Bev Cooper cannot visit her own mother

16:08 – Bev Cooper states than MS is an animal, inhumane, and evil

In conclusion

There are now two wills (Klepak, Mordechai, Ivy) which all have the following similarities:
1) not notarized, witness signatures have no typed or printed names next to them so their names are easily read and known to others.
2) the decedent dies days or weeks after the will is allegedly executed (Mordechai, Klepak)
3) disabled individuals are used to move substantial amounts of money via a Trust mechanism, which is essentially a private device with no court oversight and little accountability, especially where the beneficiary is mentally deficient or incompetent. Who is looking out for this disabled person? Where is the accountability and oversight when the Beneficiary is disabled or mentally infirm himself?

From Ken Ditkowsky – Yes, some judges are honest and must be commended and are an example to the others

Subject: Re: sound familiar?
Date: Sep 1, 2016 4:46 PM
Since I was forced to retire I have had a chance to try to slow my world and take a good look at it.     Yesterday on MaryGSykes blog a Texas Lawyer’s piece concerning an honest judge is revealed.    No, JoAnne has not mellowed!    Every jurisdiction has many honest judges and wonderful people who make our communities terrific places to live.     The Jerome Larkins and their ilk are an annoying minority who rise up from the cesspool from time to time to be an annoyance.     Even in an era when the polls suggest that 2/3s of us do not believe that either candidate for president is trustworthy or honest our world is still a wonderful place to live and work.      Indeed, every day I send e-mails to some of the nicest people in our world who not only care for the elderly and the disabled, but care for each other.
When we received an e-mail from a citizen that read in part:
“Last night I had many flash-backs during my sleep — of being isolated, force-drugged, spoken to and about like I was a non-person, feeling again insecure even when in my own home [is it mine, do I have legal rights to my own property, I do not, I not even my Legal Right to vote but I did receive a Jury Notice this morning] it just goes on [the veiled and not so veiled threats by those non-family predators] and on it goes, all of this — and recovering from another UTI infection, again, due to being hospital-forced to take IV antibiotics for 52 Days & Nights [while being denied ample drinking water] <http://www.drdeborahmd.com/solutions-urinary-tract-infections&gt;, <http://safepatientproject.org/posts/5609-a-cautionary-tale-dangers-of-antibiotic-overuse&gt; — along with the electronic mails that continued on and on late into the night last night and well past my normal bed-time, and this morning, still being reluctant to continue opening them all — leaves me feeling rather re-victimized at this exact point-in-time.”
Most, if not all, of the people on this e-mail chain had a first thought: “how can I help!”      In fact, the Justice Department, the FBI, and other law enforcement agencies received a few minutes later a DEMAND for an HONEST INVESTIGATION!
We as a group understand that we have a responsibility to ourselves and our families to make a concerted effort to protect America’s core values.     In spite of the perfidy, assaults on the human rights, constitutional rights and infamy of corrupt judges, corrupt lawyers, corrupt political people ***** we are carrying on the fight to end ‘elder cleansing.     We are serving the core values of America.   When we stand with the elderly and their families who are being euthanized by the corrupt nursing home operators and their political and judicial co-conspirators we fulfill our duties as citizens.      No amount of intimidation by the Political and the Judicial elite can cease our call to Honest Law enforcement for a comprehensive and vigorous Investigation into the criminal behavior of all those miscreants who are engaged in a War against the elderly and the disabled!
When each of you who have joined in the effort to protect the Constitution of the United States from those who seek to destroy its meaning and efficacy looks up they will see someone that they like!     Our goal is to, within the law, bring each elder cleanser to the Bar of Justice.       The spectacle in the Circuit Court of Cook County of a sitting judge, conspiring with an ethically challenged lawyer, infamous nursing home operator ****** to harvest the gold filing from a 90-year-old widowed grandmother haunts every decent human being.     The avarice and inhumanity exhibited taint Cook County, Illinois (Chicago) and leave a stench than cannot be sanitized.     The failure of the legal profession and the 2nd oldest profession to stand up as one and demand CRIMINAL PROSECUTIONs is beyond reprehensible.     It tars irrevocably every Judge and every lawyer in Cook County, Illinois who does not demand JUSTICE!
Indeed – we are demanding JUSTICE for all including the miscreants who would take from us our humanity.      We may not get much recognition – but, justice is its own reward.
All that said – we need right now an HONEST INVESTIGATION of the elder cleansing scandal and vigorous prosecution of all the criminals involved in ‘elder cleansing’ including those, such as Jerome Larkin, who maintain the cover-up that protects the corrupt judges, lawyers, guardians *****.     IT IS NOW TIME!
Lawyers in particular have a responsibility to stand up be counted.   Sometimes standing up and being counted has some adverse personal consequences.    I understood when I took the oath to be a lawyer that I was going to make a few enemies and some would have ethical deficiencies.  I knew I would not be alone and am grateful to the many who have stood by me – and stood up for the core values of America.   The Jerome Larkins of this world no matter how much clout they have or how many of the political and judicial elite assist him in his 18 USCA 371 conspiracy still has to face his conscience and ultimately his maker.   Every night I pray in thanksgiving that I am not him!

From Lisa Nadig–court bloggers have same 1st Amend. Rights as mega media

http://www.usatoday.com/story/tech/2014/01/20/defamation-bloggers-supreme-court/4658295/

Court ruled that bloggers have First Amendment protection when sued for defamation

259 7LINKEDIN 4COMMENTMORE

GRANTS PASS, Ore. (AP) — A federal appeals court ruled Friday that bloggers and the public have the same First Amendment protections as journalists when sued for defamation: If the issue is of public concern, plaintiffs have to prove negligence to win damages.

The 9th U.S. Circuit Court of Appeals ordered a new trial in a defamation lawsuit brought by an Oregon bankruptcy trustee against a Montana blogger who wrote online that the court-appointed trustee criminally mishandled a bankruptcy case.

The appeals court ruled that the trustee was not a public figure, which could have invoked an even higher standard of showing the writer acted with malice, but the issue was of public concern, so the negligence standard applied.

Gregg Leslie of the Reporters Committee for the Freedom of the Press said the ruling affirms what many have long argued: Standards set by a 1974 U.S. Supreme Court ruling, Gertz v. Robert Welch Inc., apply to everyone, not just journalists.

“It’s not a special right to the news media,” he said. “So it’s a good thing for bloggers and citizen journalists and others.”

Crystal L. Cox, a blogger from Eureka, Mont., now living in Port Townshend, Wash., was sued for defamation by Bend attorney Kevin Padrick and his company, Obsidian Finance Group LLC, after she made posts on several websites she created accusing them of fraud, corruption, money-laundering and other illegal activities. The appeals court noted Padrick and Obsidian were hired by Summit Accommodators to advise them before filing for bankruptcy, and that the U.S. Bankruptcy Court later appointed Padrick trustee in the Chapter 11 case. The court added that Summit had defrauded investors in its real estate operations through a Ponzi scheme.

A jury in 2011 had awarded Padrick and Obsidian $2.5 million.

“Because Cox’s blog post addressed a matter of public concern, even assuming that Gertz is limited to such speech, the district court should have instructed the jury that it could not find Cox liable for defamation unless it found that she acted negligently,” judge Andrew D. Hurwitz wrote. “We hold that liability for a defamatory blog post involving a matter of public concern cannot be imposed without proof of fault and actual damages.”

The appeals court upheld rulings by the District Court that other posts by Cox were constitutionally protected opinion.

Though Cox acted as her own attorney, UCLA law professor Eugene Volokh, who had written an article on the issue, learned of her case and offered to represent her in an appeal. Volokh said such cases usually end up settled without trial, and it was rare for one to reach the federal appeals court level.

“It makes clear that bloggers have the same First Amendment rights as professional journalists,” he said. “There had been similar precedents before concerning advocacy groups, other writers and book authors. This follows a fairly well established chain of precedents. I believe it is the first federal appeals court level ruling that applies to bloggers.”

An attorney for Padrick said in an email that while they were disappointed in the ruling, they noted the court found “there was no dispute that the statements were false and defamatory.”

“Ms. Cox’s false and defamatory statements have caused substantial damage to our clients, and we are evaluating our options with respect to the court’s decision,” wrote Steven M. Wilker.

From Joanne;

 

Now if we can only get the Illinois ARDC to find that attorney bloggers have the same rights to the First Amendment especially when discussing corruption in the courts, there will be finally a win for the State of Illinois.

Jerome Larkin, head of the ARDC does not want that though.  He refused to have the ARDC managing staff and lawyer publish their Ethics Reports under the Illinois Ethics Reporting Act of 2009.  He ran a kangaroo court for myself and Kenneth Ditkowsky when all we did was write hundreds of faxes, letters and blog posts to protest the fact that the Mary G Sykes case was wired, the Judges admitted it in various ways, Judge Stuart lied at my trial when at first she sad she never chained poor Gloria Sykes, the Protective younger daughter, and threaten her pets with euthanization. Eventually, as warned by this blog on May 23, 2015, Mary Sykes, age 95 was narcotized to death and her body has not been tox screened or autopsied, but the Cook County Coroner should do it ASAP.

We now have a list of 30 probate cases across the nation where seniors were subject to “target, isolate, drain the estate, narcotize to eliminate and then creamate (to destroy the witness and evidence”.

Jerome Larking and his staff of ARDC attorneys–Sharon Opryszek, Melissa Smart and Leah Guiterrez Black have all covered up the Mary G. Sykes case and others where seniors have been fleeced and narcotized to death.

Recently Morris Eformes and Son Phillip were indicted for $1 billion in Medicare/Medicaid and state health care fund fraud in Florida.

Jerome Larkin protected Illinois Atty Seth Gillman for TWO YEARS, while he prosecuted myself and Ken Ditkowsky for speaking out against this massive network of health care fraud and probate court fraud in Illinois.

Illinois citizens are demanding better government. We want people who engage in these crimes and cover ups to either be indicted or tested immediately for psychopathy with a PET brain scan and removed and delicensed.

It is psychopaths like these that destroy the very fabric and fiber of civilization leaving Illinois and Chicago and unsafe environment for disableds and senior citizens.

Joanne

see case decision here:  http://cdn.ca9.uscourts.gov/datastore/opinions/2014/01/17/12-35238.pdf

From Activist Post–More brilliant work on the troubles afoot.

Another brave and brilliant reporter jumps into the waters again, asking more and more questions about what is actually going on here?  If you love asking the IARDC questions, you will love this article.

http://www.activistpost.com/2013/10/government-attorneys-implicated-in.html

This is an amazing article and I want to give a huge vote of thanks to the reporter that has spent many hours working on this.

 

From KDD – more witness tampering and obstruction of justice by the IARDC

From: kenneth ditkowsky
Sent: Oct 27, 2013 6:39 AM
To: Janet Phelan , “jdit@aol.com”  , Cook County [agency] , [agency] , Harry Heckert , “jdenison@surfree.com” , “matt_abbott@kirk.senate.gov” , “ces@cspin.com” , “lawrence@Lhyman.com” , Edward Carter
Subject: Re: Why don’t they prosecute attorneys denying human and civil rights to seniors?

Every judicial scandal has certain elements.   Certain lawyers appear to be ‘bag men’ and other influence brokers.    Greylord exposed the pattern in vivid detail.   Certain fixers always stand out.   There is a book that came out in the late 1990’s that I believe was called the “Jewish Mafia” that exposed the Arvey, Hodes, group.  This group subsequently moved to California and became associated with the movie industry.
Similar pattern is appearing in the ‘elder cleansing scandal except the problem seems to be franchised.   To date I have not found a Mr. Big or Mrs. Big.    What I’ve discovered is franchises that are doled out to individuals.    For instance, the F estate in Florida fits the pattern.   The attorney franchise in the Sykes case fits the pattern.  ([entity’s] attempt to grab Gloria Sykes’ insurance money is a clue).    The [entity] in Gore also fits the pattern, especially with Alice Gore being placed in an Esformes nursing home.   The mining of Gore’s teeth for the Au is an example of the greed!
I do not believe that [entity] is a big player in Illinois.   His name comes up frequently so his involvement is set in stone.   The [entities] who frequently are used to sign the certificates of incompetency are  rote players.    Similarly, the [agency] [entities] who act in concert with the miscreants do not appear to be major actors.
In my case the incidents with Dr. Patel and the testimony of Dr. Patel illustrate the ‘catch as catch can’ approach of the attorneys who aid and abet the miscreants.    As you are aware that prior to filing a lawsuit the Courts require that the attorney have sufficient information to certify that the complaint is not frivolous.   Thus, to find out the facts I wrote a FRCP 11 letter to Dr. Patel.
Seizing on the ‘any port in a storm’ approach [entity] and his co conspirators attempted to create a ‘catch 22’.     They and their aiders and abetters took the position that doing a FRCP investigation of any case in which the elder cleansers had targeted was unethical.    In a captive environment apparently such has some appeal.
The [agency][entity] apparently was directed to create the illusion that the FRCP 11 letter was intimidating as it asked the question of how the same patient could be to one doctor able to speak and understand everything and to [entity] she was a stone.     What the miscreants did not want to be revealed was the fact that dozens if not hundreds of victims were railroaded in guardianships in the same manner and there was a franchise set up to obtain medical opinions that suited the miscreants.   Gloria in her pro-se examination of a [entity] had him admit that he was giving his professional opinion without ever meeting Mary Sykes!
 Dr. Patel had no stake in the effort to shut me up and therefore he was disinterested.   Pressing on in their efforts to silence me, the [agency-entity] made secret contact with Patel and told him what she wanted him to say and even sent him documents.   (In discovery she did not disclose her prior contact or her communication with Patel; however, during her aborted attempt to create the facade that in an effort to obtain justice Dr. Patel was to testify by telephone, she inadvertently disclosed the contact).
Patel was brought into the hearing and he was never asked if he was intimidated.   Larry brought out the fact that Patel received the communication and did not respond to it, but merely placed it in the file.   The attempted subordination of perjury failed!    (I assume that when an Honest complete and comprehensive investigation is completed this fiasco will come back to haunt the young attorney how was assigned this task.)
Greylord was a great teacher.   It taught the miscreant leader to stay under cover.    The Rothner deposition in the Northshore case gives a clue to the MO.   The MO of Enron is refined and cleverly executed.    Little by little the government is unwinding the web but these are very clever and smart people.   Their fingers are in everything and their time table very well thought out.
In short the ‘elder cleansing’ portion of this scandal is just one of the cancers that has infected our society.    It is part of a much larger scandal but it is very real and very difficult for the families who fall victim to the avarice of the miscreants.    Your research into the [agency] reveals that the tentacles reach into that organization and instead of doing their job to protect the public, they waste public money in protecting the foot soldiers who do the dirty work for the ‘elder cleansers!’    [I’ll have Larry segregate the Patel testimony on Monday and send you both sessions – it is very revealing.]
Once again – thank you for taking the time to do an expose of ‘elder cleansing’ in Illinois and exposing the underbelly of the IARDC.    I’ve copied law enforcement as to this e-mail as what we have is a National Problem and it is the duty of every citizen to assist and co-operate with every HONEST complete and comprehensive investigation of ‘elder cleansing’ and to keep calling for HONEST complete and comprehensive investigations until our disabled and senior citizens can go into our courts and not fear to be victimized by the ‘judicial officials!’
Ken Ditkowsky

From KDD–He asks how much courage do you need to fight all of this trouble

From: kenneth ditkowsky
Sent: Oct 26, 2013 7:50 AM
To: “jdenison@surfree.com”
Subject: Blog

The First Amendment is a core value of American culture, and the Amendment is the first to be attacked by those who wish to take our freedom from us.   In the past half century there have been numerous attacks by our political leaders on the First Amendment.  Recently the left leaning political types attempted to use the IRS to silence the ‘tea party.’  The clout heavy criminals who promulgate the enterprise and cottage industry of ‘elder cleansing’ are using the lawyer disciplinary boards to silence lawyers who stand in their way of abusing and exploiting seniors.
Few individuals want to stand up to the entrenched political types.   Even fewer are willing to put their own reputations and well being on the line and be counted.   It is easy to stand on the sidelines and throw rocks and be part of the ‘mob’ but it not easy to stand up and go face to face with those in authority who are assaulting our core values.   The political types are much more attractive than you and I.  Hate, avarice, and a ‘fast buck’ are much easier to sell than hard work, diligence, and doing the right thing without even the remote possibility of reward.
With your blog you have done exactly that, and provided the families of the victims of elder cleansing with a forum for exercise of their First Amendment Rights.   Read [entity 1]  letter to [agency] by [entity]  that is attached to the letter that I wrote yesterday.   She is terrified that the Probate Sharks blog will stir an Honest investigation of her part in elder cleansing.   Similarly [numerous entities] and others have expended great energy in getting [entity] and the [agency] to attempt to silence attorneys who contribute to the NASGA including you and me.
When brute force fails to silence and destroy First Amendment Rights then one by one each opponent is approached by advocates of the assault on the First Amendment and we are confronted by people who suggest to us that our own best interests are served by just a concession.   Some of the people who appear as advocates are sincere and some are acting in concert with the miscreants.
Self interest is a powerful force, and it is a legitimate force.   Being foolish, being stubborn, or committing professional Suicide is not a respected method of solving a problem.   It is always better to in a proper situation to retreat and come back to fight another day than to get destroyed.
Last night I watched you address this scenario and was impressed by the solution that you reached.   The decision took great courage.   More importantly the decision set an example for your family and friends.   I say this not because I took the same tack, but because I know what it is to stand up for principle and have to take the consequences of the decision.
I applaud your decision to stand four square for your Rights as a Citizen of the United States of America and the rights that we all share that are America’s core values.
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

From KDD–he asks, where do the complaints [to authorities] go besides the desk to circular file effluent.

To: NASGA <NASGA.org@gmail.com>, probate sharks <verenusl@gmail.com>, “jdenison@surfree.com” <jdenison@surfree.com>, Harry Heckert <vahrh1135@aol.com>, “janet_c_phelan@yahoo.com” <janet_c_phelan@yahoo.com>, j ditkowsky <jdit@aol.com>, “zamirkatan@aol.com” <zamirkatan@aol.com>, “60m@cbsnews.com” <60m@cbsnews.com>

Subject: Liability for violation of 42 USCA 1983, Tax Fraud, et al
Date: Oct 22, 2013 9:19 PM
Civil Rights and particular the First Amendment are core values of America.   People who attempt to deprive others of First Amendment Rights walk a very thin cord.   Public bodies (including the [authorities]) are not exempt of protected from the onus of violation of the First Amendment Rights of citizens.   Indeed, officials including attorneys must respect the core rights of citizens or suffer some very severe consequences.

Just like the policeman who beats a suspect, the bureaucrat who misuses his position to ‘cover up’ elder cleansing, racial cleansing, ethnic cleansing etc has to account both in the civil sector and the criminal sector.   There is absolutely no excuse for a lawyer to not know the Rule of Law as decreed by the Supreme Court of the United States.

Many citizens have inquired as to how come the [authorities] have not prosecuted the miscreant lawyers such as those who have surfaced in [certain probate] cases.   certainly there have been many complaints filed against them.   Everyone knows that Gloria Sykes, the Coopers, Schwartz etc have filed detailed complaints.   Pursuant to Himmel I have personally written the [authorities] as I believe that when Mary Sykes’ safety deposit box was ‘looted’ it was unconscionable that the two [entities] refused to report this situation to the Court.    The fact that the person who removed the gold coins did not deny (and has not denied) the theft was significant.   Only the [entities]  and [authorities] were active in denying a fact that everyone knew was a fact.

Thus, how come JoAnne Denison and yours truly are in the ‘dock’ for demanding an Honest complete and comprehensive investigation.   Yes, I came to the same conclusion as you.   It is my opinion that the attempt to ‘shut up’ both Ms. Dension and me is a violation of 42 USCA 1983, the public policy of the State of Illinois and is without jurisdiction and therefore a clearly ultra vires act.   Pursuant to Himmel this has been reported by me to the [authorities] which did nothing.   Saying they did nothing is not actually accurate.  [the authorities ]wrote me to report to me that [an entity] had been appointed Gloria Sykes’ guardian ad litem.   (This report became a typo 17 days later, but no investigation followed!)

In my opinion the conduct of the [authorities] is aiding and abetting the ‘elder cleansing’ of Mary Sykes.   It is also aiding the person who breached her fiduciary relationship to Mary Sykes avoid having to pay the United States of America and the State of Illinois the income taxes that are due.   As no one has been delegated the right to monitor, impede, censor, otherwise interfere with my, Ms Dension or other citizen’s First Amendment Rights, [the authorities] and every member of his staff involved has acted in an ultra vires manner acting under color of authority to deny and/or interfere with our civil rights.   As there has been and can be no delegation there can be no immunity!   Read the words of 42 USCA sec.  1983.

I am certain that the United States of America and the Illinois Department of Revenue are delighted by the ‘cover’ that [the authorities] have afforded the people who obtained benefits from the profits of their ‘elder cleansing’ and did not report and did not pay taxes on the benefits.   Tax evasion and aiding and abetting tax evasion historically has not been an accepted practice and I assume that with trillions of dollars in deficits the elder cleansing industry will ultimately have to pay its ‘fair share!’

It is my hope that I have answered the questions that have been presented.   I do not know if and when Law enforcement is going to address this ‘elder cleansing’ issue.    I do know that the law and basic civil rights are being violated and we need not only transparency but we need an HONEST complete and comprehensive investigation of not only the lawyers involved in elder cleansing but those who aid and abet them.   (I’ve again copied the ARDC, but having first hand experience I have little hope that they are interested in protecting the public.  The miscreants are safe to continue to prey on the old, infirm, and those citizens who are being targeted.   The removal of Mrs. Gore’s gold filings is a testament to perfidy that has been allowed to flourish. )
For the record, JoAnne Denison received word that the [authorities] desires to obtain a delay in her hearing before [the authorities].   It is my opinion that if the [authorities] operates under any guise of ‘good faith’ the charges brought against her should be dismissed and she provided suitable restitution for the ultra vires interference with her civil rights.
Ken Ditkowsky
http://www.ditkowskylawoffice.com/

From Joanne;

It it utterly unconscionable that when Gloria has filed numerous notices to the court, demands upon the [authorities] that gold coins are missing, a safe deposit box was drilled, contents removed AND NO INVESTIGATION BY THEM, their behavior is scandalous.  [one entity] testified in a court of law on or about Sept. 12, 2013 that he served subpoenas on the bank and nothing came of it–this is despite the fact those subpoenas MUST be filed with the clerk and the Record on Appeal (“ROA”) shows no such subpoenas, no return of service and no affidavit of service in the ROA.  This is outrageous behavior for [an entity].  He should have served subpoenas on Pullman Bank for the signature sheets from April 2010, the video footage, names of the person in the vault area for what was said to them.  Instead nothing but a lie–and the [authorities], rather than investigate the lie which has been brought to their attention in the 43 points and 60+ points the [authorities] got wrong at KDD’s trial, they conspicuously ignore it themselves.

But this blog does not lie.  It tells the truth.  It knows there is funny business afoot and yet the [authorities] prosecutes the messengers in lieu of cleaning its own house.  Everyone has to put pressure on the Ill. Sup. Ct. to clean house at the [authorities].  Please write and call them and demand that the [authorities] comply with state law – 5 USC 420 and reveal all of their extracurricular dealings in finances and ethics.

Clerk’s Office – Springfield
Temporary Address
421 East Capitol Avenue,
Springfield, Illinois 62701
(217) 782-2035
TDD (217) 524-8132
Office Hours:  8:30 – 4:30


Clerk’s Office – Chicago

Michael A. Bilandic Building
160 North LaSalle Street
Chicago, IL 60601
(312) 793-1332
TDD (312) 793-6185
Office Hours:  8:30 – 4:30

Ask for the Chief Justice, Thomas L. Kilbride or any of the other justices and ask why there is no justice for Mary Sykes.  Where are her gold coins?  How many appeals have been filed before him and there was no justice for Mary Sykes.  Maybe she is just one little old lady of 93 who used to live in an inconspicuous 2 flat on the north side, but she was beloved by dozens of family members and friends, and I am one of them.

Here are the other justices:

http://www.state.il.us/court/SupremeCourt/meetsupremecourt.asp

Now, [an entity] has asked why aren’t the courts more open to the average man and woman, well besides the obvious cost of litigation and attorneys and rules books 4 inches thick that read like Japanese stereo instructions, why would anyone go to court when the story of Mary G. Sykes and the ARDC has been published on this blog?  What is the point?

Justice [redacted] needs to take these issues seriously and take control of his courts.  I know he is just one person, but he is the one person, unlike myself, Ken Ditkowsky, Janet Phelan, Gloria Sykes and many, many others who have posted here, that can make a gigantuan difference in these cases.