From Dan Devine–an article on protecting seniors

Protection of elder rights 24 hours a day

By Richard Devine
Cook County State’s Attorney
Our job as prosecutors isn’t always easy. We not only deal with heartbreaking violent crimes, we also run across clever con artists who deliberately target victims because they’re elderly or vulnerable. We’ve seen caretakers who mistreat their charges pitifully—and steal from them in the meantime. We’ve seen cold-hearted cases of financial exploitation. And we’ve seen home repair fraud schemes that operate almost like corporate firms. A recent Sun-Times series outlined the kinds of crimes I’m talking about. I’m sure some of you read it. If you did, you learned that what we handle isn’t often pleasant. The cases are sometimes pathetic, and sometimes our work is tragically sad.
Recently, though, I had an unusual task — much nicer than the normal routine. This time, it was my job to hand out money. Let me tell you about it. It involved a case that had more than 100 victims. The victims were all elderly, and none of them were rich. But each had made at least one solid investment in their lives: they each owned a home.
As I said, they weren’t rich. Their houses were often small and deteriorating. Some of these men and women had lived in their homes for decades. Their houses didn’t look like much, but they were the only real assets these people had. And then those homes became the target for a clever ring of con men.
The con artists worked out of two companies. One was Senior Citizens Remodeling, Inc. The other was the Senior Income Reverse Mortgage Corporation. They approached homeowners one by one and convinced them that they could improve the value of their homes. The sales people were well spoken, sophisticated and persuasive. They spoke of new roofs, brand new garages, new electrical and plumbing systems. They convinced the victims to take part in a federally funded “Reverse Mortgage” program. That program allowed the homeowners to borrow against the equity in their homes.
Then, when the loan checks came, the con artists stepped in and took the money up front. They promised to do repairs and renovations. They promised to make things better and increase the worth of the old homes. But they never showed up to do the work. Or if they did, they often did the jobs only halfway, or worse.
The owners were trusting. At first, they thought they were making a smart move. Slowly they learned they were wrong. They started calling the company, again and again and again. They did what they could, but they got nowhere. To their detriment, they had believed the promises and they were left with nothing. There was another part to the scam.
When the mortgage company arranged the loans, they charged lender fees that were out of line and above federal limits. In most cases, the victims never even knew it. But I’m pleased to tell you that that’s not the end to the story. When we got wind of the con, our office went to work. We took action against both the remodeling company and the mortgage company they worked with. After long months of legal work, we reached a settlement with the mortgage company early last year. That settlement for $200,000 was paid.
Then, later in the year, we reached a settlement with the remodeling company, too. The scam company was ordered to pay full restitution to its victims, and $50,000 in fines on top of that. After that, our office had another job to do. We sorted through the evidence to try to find all the homeowners. By the time it was over, we’d found 164 elderly people who’d fallen victim to the cold-hearted scam. Next, we had to figure out how much money the con artists scammed from each one. In many cases, it amounted to thousands of dollars. The best part came last.
Last month, it was my job to start giving the money back. That was a pleasant task. We got a lot of smiles and a lot of thank you’s. One man, who is 82 years old, joked about it. He told me he didn’t like the scam companies, and was glad to see them go out of business. “I like YOUR company,” he told me.
Of course, our office isn’t exactly a company. But we try to operate in a business-like way. And we try, whenever we can, to protect the vulnerable and the elderly. To do so, we’ve taken up new legal tools and a new system of organization. Three years ago, we reorganized. We created a special “Seniors and Persons with Disabilities Division” made up of experienced felony trial attorneys. The attorneys rotate duty so that someone is on call 24 hours a day.
These specialized prosecutors handle their cases vertically. That means they go to work when a call comes in from police and work the case from beginning to end, from the preliminary hearing, to trial, all the way through to sentencing. It may be a financial exploitation case, a case of abuse or neglect, or a violent crime. Whatever the case, we find that elderly victims are more comfortable if they can rely on one attorney throughout. It takes away some of the intimidation that courts can cause, and it’s worked. We’re proud to say that our new division had a conviction rate of over 90 percent last year.
We also have specialized personnel in our Victim-Witness program, who help guide elderly victims through the legal process. When it’s needed, they offer transportation and other assistance as well. Beyond that, our office drafted new laws to fit the crimes. We’ve written laws that help strengthen the testimony of older victims, and we drafted groundbreaking legislation that tackles identity theft, another crime that often hits the elderly. We’re doing what we can to protect the vulnerable citizens of this city.
As I said earlier, the job can be sad. And it can be frustrating, but not always. I’d like to finish by reading you a letter we got after we handed out those checks last month. This was from a man named Harlan Naas, one of the victims in that home repair fraud scheme.
“Thank you for making my holiday season the happiest in a long time,” he wrote. “I am age 81, undergoing cancer treatment, and had less than $100 to spend when the $3,200 check arrived.”
That’s why we do what we do.
Please remember that at the State’s Attorney Office, it’s our job to protect you. If you believe that you or someone you love has fallen victim to fraud or exploitation, please contact us. It’s our job to do what we can.
********

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I just wonder where Atty Devine was when we asked the states attorneys offices to protect Mary G. Sykes.  Instead she was fleeced of hundred of thousands of dollars–which the attorneys said would be used for her care–but it went to the attorneys!   She was guardianized and railroaded into this “crime” without due process-no evidence of service of process with Sheriff Dart and it was a done deal with Adam Stern and Cynthis Farenga and all Mary’s rights were gone, she was stripped of her home, her nearly $1 million in valuable coins (and discovery was suprressed on those at my trial and by the probate court whenever the GAL’s Stern and Farenga said so, or Harvey Waller or Peter Schmeidel said so.  My trial was a joke with the Tribunal believing every dumb thing out of the mouths of Judge Jane Louis Stuart (who lied on the stand and was subsequently forced in the sudden retirement, likely by the FBI), now Aicha MacCarthy who was on the bench on this case when Mary G Sykes was narcoticed to death, placed in hospice and on drugs despite being a staunch Roman Catholic who put in her last POA to prolong her life by all means.

Where is the hue and outcry over the death of one lone woman from Norwood Park neighborhood in Chicago, her home sold by the probate flying monkeys for pennies on the dollar, stripped of her all her rights, isolated from 20+ former friends and family.

I understand that the Catherine Falk Organization is getting the Aging Parental Reunification Law passed in Utah right now, please pray for them to get this done.  I believe in California it is on the Gov’s desk for signature.  Please pray it is signed right away.

In the case of Gloria Sykes, she is now dead, being narcoticed to death, no funderal, no announcements, no obituary, embalmed while the Guardian waited.  No tox screen, no autopsy.

What about the other seniors.  At least Mary has quite a few voices–Gloria, Kathie, Ken, myself and others–willing to go to the ropes and beyond for one little old lady we knew and loved well.  But there are others–Ms. Lipinsky’s mom was narcoticed to death after she plead with Ms. Lipinsky, a beloved daughter not to leave her with the evil sis, but Ms. Lipinsky had to, there was a court order.  Not long after her mom too was narcoticed to death “in hospice”, and the sis made sure there was no tox screen, no autopsy and no questions, a quick cremation.

please pray for the below bill:

http://www.catherinefalkorganization.org/wp-content/uploads/2015/06/Peter-Falks-bill-NY.pdf

And if you get a chance, go to their website and show your support

Another good story to read is on the dangerous of psychotropic meds and how they are frequently used in nursing homes far too often and generally as chemical restraints.  Of course, none of this is legal in Illinois where the patient has to give consent to the use of such drugs, warned of the side effects and given alternatives, but it happens all the time, so please be aware and protect your loved ones.

http://www.news10.net/story/news/investigations/2015/06/17/45-area-nursing-homes-rate-below-average-for-the-use-of-antipsychotic-drugs/71258022/

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From Ken Ditkowsky–make the miscreants pay the taxes that are due.

From: kenneth ditkowsky
Sent: Jun 28, 2015 12:52 PM
To: Douglas Kinan , “Kirk@kirk.senate.gov” , Matt Senator Kirk , Edward Carter , Probate Sharks , “JoAnne M. Denison” , Tim NASGA , Nasga Us , Eric Holder , “FBI- ( (” , Chicago FBI , Chicago Tribune
Subject: Why are the elder cleansers not paying their income taxes on their ill gotten gains? We would all like to know.

Tax Consequences of Elder Cleansing:
1.        Unreported Inventory.
One of the most common consequences of the isolation, and financial exploitation is the taking of assets (such as occurred in the Mary Sykes case -09 P 4585) and not inventorying them.   This theft is a benefit to the miscreant guardian as well as all who join in the Conspiracy.    In the Mary Sykes case we are dealing with nearly a million dollars in gold coins.    We are also dealing with “cash” and other valuables.   It is estimated that the entire estate had a value of over 2 million dollars.
When the fiduciary (and his co-conspirators) take possession directly or indirectly a taxable event occurs and each has joint and several liability for the entire value of the asset that is not inventoried and which ultimately finds its way out of the estate.   This is ordinary income.  It can be allocated to each and all of the following miscreants:  Judges X and Y, Schmeidel, Farenga, Stern and the ARDC that covered up by wrongfully prosecuting attorneys blowing the whistle on the abuse and fraud:  Jerome Larkin, head of the ARDC, Sharon Opryszek, Melissa Smart, Leah Black Guiterrez, Stephen Split and others.  Those with a finger in the pie, and those that cover up the pie, are all jointly and severally liable until the tax fraud debit is paid.
2.       Side ventures
The assets of the estate being ravaged has various assets in it that slip through the cracks after being inventoried.    In the Sykes it was quite difficult to make her home disappear.    So the guardians went into Court claiming that they needed money and the need to sell the house.    In the Sykes case the house had a value in excess of $700,000 – according to an appraisal done previously. [1]     The sale of the dwelling was for approx. $200,000.00.       This sale was highly questionable even though approved by the Court.
It is expected (and will occur in Sykes) that the property will be sold and through a series of mesne sales that full value will be obtained for the miscreants (co-conspirators).    The first purchaser will sell the property to another nominee purchaser.    This will be followed by another sale and finally a sale to the ultimate purchaser.     The final sale will be claimed as a capital gain –
As this side venture was a taxable event on day one, the entire transaction when it occurred is ordinary income.   Thus, the Sykes miscreants must pay when the sale occurred ordinary income taxes against the correct value of $1 million.    They are not entitled to capital gains – no matter how they structure the sale.
3.       Collateral pickups.
Being a guardian has with it opportunities.     They include kickbacks for playing the Ward in a nursing home, hospice facility.     In addition, employment of certain attorneys means referral fees etc.        All these referral fees are taxable income.      In the case of nursing homes as an example, the remuneration may come in the form of the income from nursing beds, an interest in the partnership controlling the facility, or the opportunity to engage in other and similar exploitations of the elderly.     These collaterals are ordinary income and the joint and several liability attaches to all of the conspirators.    Thus, it is respectfully suggested under reporting of the income tax liability may start the Statute of Limitations in operation as to the miscreant who reports the “kickback” but not as to the co-conspirators who did not report the benefit(gain).    Any tax paid however offsets the liability of the other co-conspirators to the extent of the payment
The Gore case a certain Guardian ad Litem was provided an opportunity to be the “heir” of an elderly person.    She took advantage of it and filed in the Florida Courts her claim.     The AG of Florida objected to the claim, however, he settled for ½ of the value of the payout.    That left a million dollars as an inheritance.     This inheritance was not an inheritance – it was a theft and the co-conspirators owed the tax on the money received as ordinary income.     Those who cover-up the fraud (such as Jerome Larkin and his minions SO, LBG, SS, MS, etc.) also owe the taxes due as a joint and several liability.
4.       Pick-ups.
In several of the Florida estates and in the Sykes case the miscreants have managed to get Court orders that attached property that was not part of the disabled person’s estate.      Theft is a taxable event even if a Court approves it.
For instance.    In one Florida Estate the guardian and the Court arbitrarily took possession and control over the property of one of the objecting family members.    It was clear that this control was obtained for the purpose of shutting the dissent to the elder cleansing life shut down.     The minute the guardian and Court took control of the funds that we not part of the estate each of the co-conspirators (including the Judge’s X and Y who should have known better) owed the United States of America the ordinary income taxes due.   (Constructive receipt).     These taxes vested.
In a similar manner in the Sykes estate, the commandeering of Gloria Sykes hazard insurance settlement resulted in tax liability for the guardian, the two guardian ad litem, the corrupt jurist, the attorney who was aware of and part of the theft, Jerome Larkin and his crew who tried to cover it up and everyone who joined in the conspiracy.    The taxes that they owed are ordinary income.
In some of the cases, and in particular the Florida case the theft was covered up by the corrupt jurist awarding Attorney fees from the stolen money.     The award of attorney fees and court costs is an independent act.    Money is fungible!     The fact that some taxes were paid (or will be paid) on the attorney fees is incidental and does not defray the Federal and State taxes due.    The entire fund is ordinary income and must be reported in the year of the theft as ordinary income on the tax return.    No credit is given to the criminals for paying taxes on attorney fees or other costs that are claimed to be paid out of the stolen funds.   The only credit that they are entitled to is for taxes specifically paid on the stolen funds.
The Sykes case is a corner stone case that has almost all of the pernicious events occurring therein.      The statutory protections were all ignored by a corrupt jurist and his cohorts.     The corrupt judicial officials were protected by the Supreme Court justices of Illinois and the Illinois Attorney Disciplinary Commission and its director Jerome Larkin.    Larkin acted through attorneys who demonstrated amorality and avarice as they protected their co-conspirators from an Honest investigation.   18 USCA 371 addresses this situation and defines the fact that all who did overt acts in pursuance of the elder cleansing are co-conspirators and jointly and severally liable for not only the damages but the ordinary income taxes.     (There is no benefit of the doubt for corrupt public and judicial officials who elect to prey on the elderly and the disabled – the State and the United States of America should be able to collect the income taxes due in full and without unjust delay.)


[1] A real estate appraisal varies as it is opinion.   In the Fairway Preserve Condominium frauds, the developer was able to obtain appraisals of condo units for $350,000, while the Count appraiser appraised the same units for $100,000.00.     Historically, lender appraisals are lower than insurance appraisals.     The real appraisal occurs when the property is sold to a purchaser who is not controlled by either the real purchaser or the seller – or their representatives.   In the Sykes case because of the location, zoning potential, and size of the lot the $700,000 value is a bit frugal.

Today’s hearing–Fun and games with lies and more lies.

I really don’t know where to begin with today’s hearing–it was truly amazing.

First of all, and I truly have to congratulate Gloria, she finally filed some version of a Motion to NonSuit or Dismiss based upon Lack of Jurisdiction (Sodini)!  I don’t have a copy of it yet, but I hope she sends it to me soon for posting.

Yeah!  You go, Gloria.

Well, after that first stab with a nice large kitchen knife on the most obvious scab to pick with this court, you wouldn’t believe the out right lies that followed.

First, came the admonition from the Judge that it was her understanding that the issue had been dealt with by the court before, and she turned to Adam Stern and asked him if that was true.

AS replied that it had been brought up numerous times before and it had been denied. (Big lie no. 1)

PS then chimed in with how he brought it up in an appellate brief, he recalled writing the argument, and it was denied on appeal (even Bigger lie no. 2)

Gloria then tried to point out the appeal was dismissed for formatting issues, margins and number of pages, but the court kept on cutting her off and telling her “not to speak”.

The next topic they talked about before, during and after the testimony was PS constantly telling the court that Gloria’s testimony and exhibits had been barred because she did not send them to PS on time. (Medium size lie no.3 I’m giving it a medium on the lie because Gloria should have filed it with the court, she only emailed it, so I’m downgrading the lie.  JMHO)

Again, Gloria was repeatedly shushed up when she tried to counter with she had the dated emails she sent them on time and there was no such court order.  (Go ahead and look at the table of transcripts, documents and orders on this blog.  I don’t even think there was a motion in the file, let alone an order, and all motions by rule must be in writing and proper notice and service must be given).

And of course, you know me.  I just couldn’t resist plunking down $21.75, sweet talking my friend behind the Probate imaging and printing counter in the Probate files department for a current copy of all imaging of orders going back to January 2011 or about 21 months.

Guess what?  No such orders exist!  None.  No orders saying any Motions to Dismiss were filed and heard and denied, and no orders saying Gloria’s testimony and exhibits were barred.  ( I will post the packet in a bit and give anyone $1000 if they can find any such orders).

So, while Gloria was grilling Dr. Shaw a new charcoal crust on his liar’s sandwich consisting of multiple layers of pure baloney (he was testifying he saw Mary in 2012 but she was incompetent in 2008 to sign a settlement agreement after Mary met independently with a lawyer the day before, yeah, right, that testimony can’t be transcribed either), I was downstairs getting a current printout and receipt for all orders entered since January of 2011.

I bring that back upstairs, and have Gloria take it to the bench and present it as a minor “clean up matter” (when in reality it was a load of you know what looking for a fast moving fan).

Gloria proceeds to inform the court she just received a packet of all the court orders going back to January 2011 and there are no orders in there 1) denying any motion to dismiss for lack of jurisdiction; 2) there is no order denying her the right to put on witnesses and her own exhibits.

Gloria says she has the emails containing a list of witnesses and exhibits and it was emailed to PS on time.  If she can find that to show PS is liar, I will post it.

While the Judge did admonish AS that he was the “eyes and ears of the court”, he swore to get the order barring Gloria’s witnesses and exhibits as untimely.  Gloria swore she never got a copy of the order, and I have to believe her because it’s not in the court’s paper file and it’s not on the court’s official imaging system.

Gloria told the judge she had no transcript from the prior court dates because all she gets is excuses when she orders them.  She does not have Shaw’s prior testimony, she does not have the testimony from May, though we have both ordered it.  (She should have made a request for a continuance based upon the fact she could not cross examine Dr. Shaw without a transcript of his prior testimony).

As soon as court was done, I looked for AS (CF wasn’t there due to a “personal matter”), and showed him the pack of orders and challenged him to find those orders in the packet.  He said he didn’t have time, he was busy writing up an order and he couldn’t do two things at once.  He never took up my challenge.  He said he would get it and email it to Gloria and get it to the judge tomorrow.  I warned him not to mock one up either because I’ll figure out how to show it was mocked up.

PS didn’t even bother responding when I challenged him regarding the printout of orders, he just walked on by.

But the piece de resistance for the day?  The ultimate kicker?  First the judge orders all of the attorneys outside the courtroom (this is despite the fact we really weren’t even talking about anything), and then she locks the door!  Amazing.  Even the cute little naive associate Amanda Byrnes who could not be more than 22 or so could not get into the court to get the last order stamped.  The judge kept on mouthing “come back tomorrow” for our orders.

You think we got on her last nerve?

I’m taking bets right now, 2 to 1: a) we never see the transcript from May 2012 or today; b) we don’t get the court orders.

Never mind.  Today I saw 3 orders drafted up.  Gloria initialed one and that was denying her Motion to Dismiss and she made AS put the grounds into it and he added “because it had been brought previously” (okay, that’s totally funny because jurisdiction can be brought up at any time and the court must make a serious ruling on it, despite the fact it’s an outright lie and there is no court order ruling on it prior to this day, with respect to PS’s lie that it was argued on appeal, it doesn’t matter if jurisdiction is brought up on the first or tenth appeal–it is always timely) and I will go back tomorrow to get the court order, then I will send Julia and I hope Scott can try to get copies.  I bet we don’t.  No matter, each of us will draft up declarations that Scott and I saw drafts of 3 court orders and then the court locked the doors and told us to come back tomorrow and when we did that, we were refused copies.

What a legal soap opera.  But you would think the Law Bulletin would catch on to this.  There’s drama, there’s lack of jurisdiction and the law at every turn, we have judges on the record saying they don’t have to follow the rule of law (Connors, August 2011), we have a judge tossing all the attorneys out of court and locking the door behind them without signed court orders, we even have a million dollars missing in gold coins!  Cash taken from a mattress.  A wrongful eviction.  Out of the wrongful eviction a Contempt Order against the Plenary Guardian.

I can’t think of a more compelling, addictive story.

So when did the court say it would consider final oral arguments on the partition motion?  October 3, 2012 at 2pm.  You think the court is avoiding something?

As Sarah Pallin says (and/or Tina Fey), “you betcha”.

And Ken already pointed out to me that it’s interesting how the date was well after his Sept 2 to 3rd date for his hearing on lying.

Who’s been caught lying now.

 

Fax to Atty Black at the ARDC

FAX TRANSMITTAL SHEET
To:
ARDC
Attn: Ms. Lea Black, esq.
Fax 312-565-2320    From:                      Admitted Ill., N.  Carolina and Patent Bars
JoAnne M. Denison, Pat.      Atty.  Reg.  No.  34,150
DENISON & ASSOCS., PC    FAX 312-553-1307
1512 N Fremont St, #202    CELL PH 773-255-7608
CHICAGO, IL 60642    PHONE 312-553-1300
JoAnne@DenisonLaw.com  or http://www.DenisonLaw.com
Federal Patents, Trademarks & Copyrights
Marianne Buckley, Associate, Of Counsel
Troy Sieburg, Associate, Of Counsel
Important Notice
This facsimilie message contains attorney privileged and confidential information intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited.  If you have received this communication in error, please notify us immediately by telephone, collect, and return the original message to the above address.  You will be reimbursed.  Your cooperation is immensely appreciated.
For transmission problems, please call 312-335-1300
A confirmation copy       WILL   ✔   will NOT be sent.
Pages in fax, including this coversheet – ( see efax header  )
June 26, 2012

Re: JoAnne M. Denison ,  In relation to Cynthia Farenga’s Complaint AND
Kenneth Ditkowsky, the Sykes Probate matter 09 P 4585
PLUS my request to open an investigation against Cynthia Farenga, Peter Schmeidel, Adam Stern, Harvey Waller
Request for subpoenas!

Dear Ms. Black;

Without waiving my representation by Mr. Ditkowsky, who is aware of this communication, attached are two declarations for signature by the adult sisters of Mary G Sykes, namely, Ms. Josephine DiPietro and Ms. Yolanda Baaken.

Their addresses are as follows:

Ms. Josephine DePietro
222 Park Avenue
Bloomingdale, Illinois 60108

Yolanda M. Bakken
1600 N. 39th Avenue
Stone Park, IL

I would appreciate your transmitting these to these ladies to inquire if the declarations are in fact true, and they were never formally noticed by the Petitioner in the above Probate matter as to the Dec 7, 2009 Petition for Guaradianship of Mary G Sykes which was filed by Carolyn Toerpe.  This would make the entire matter–the freezing of Gloria’s $272,000, her subsequent eviction, the partition action filed against her home, her continued harrassment by the miscreants–void ab initio.

Thank you for your continued attention and investigation of the above matter.

This important communication was also posted on my blog at http://www.marygsykes.com, and http://www.marygsykes.blogspot.com, so if you lose it, it will be available there.  Also, if you do not want to retype it, today’s post provides a convenient link so you can just download a Word file to change as you please or just print out..

Very Truly Yours,

DENISON & ASSOCS, PC

JoAnne Denison

Joanne M. Denison

Cc: Ken Ditkowsky, via email, MaryGSykes blogs.

PS–this is also being sent to you as part of my (our) continuing duty to report serious and flagrant violations of the rules of ethics and relevant state and federal laws to the ARDC.

PPS–I am told by a little bird that Josephine thinks “being allowed” to visit her sister once every two months and a phone call once or twice per month is okay because neither Yolanda or her daughter Kathy Bakken–family members once very, very close to Mary G Sykes–were told they “took the wrong side” in the dispute and therefore they are not allowed to see Mary.  I find such conduct of an officer of the court deplorable, but ****.  So you might make Josephine aware it is part of her civic duty to step forward and tell the truth–the court has no jurisdiction and Mary is able to go free and go back and live in her own home if she wants.  And, no a Guardian ad Litem is not supposed to “take sides”, but report fairly and honestly.  Mary G’s sisters used to phone each other all the time.  Gloria held parties for her all the time.  Now CT keeps her in near total isolation with just handful of visits/phone calls.  I am told at a favorite niece’s wedding, the sister’s family table was only about 5 relatives when that side of the family used to have dozens of extended family members visiting Mary (see the Christmas tape links on Vimeo – the links are on the home page of http://www.marygsykes.com.