Tag Archives: probate corruption

From Ken Ditkowsky–how to ignore and actually flip around the Illinois Probate Act so that it harms rather than protects

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To: scott evans <scottcevans@hotmail.com>
Subject: Re: Tonight’s Cooper’s Corner
Date: Aug 13, 2015 10:29 AM
If I understand what you are saying, you feel that my suggesting Honesty, Honor and fidelity as a solution to the problem of guardianship for the indolent, obnoxious, incompetent and uncontrollable elder or disabled person who now needs social services is naive.    Indeed, in a vacuum it does seem to be Pollyannaish.   But, it is not.    It is not because we do have good people out there and the Jerome Larkin et al conspirators are a minority – but growing.
This is the reason we need the media, the legal profession, and citizens in general to defy the conspirators (including but not limited to Larkin, and his group) and clean up the mess now before it become metastatic.   Larkin and his 18 USCA 371 co-conspirators have unilaterally revoked the Constitution of both the US and the State of Illinois for not only lawyers, but all members of the class of people who are called elderly or disabled.
Last night after I talked with Bev Cooper on her program it occurred to me that Larkin and his co-conspirators have made a massive intrusion on our liberty that is even greater than we observed.   They have set up an alternate justice system so as to better assault the Bill of Rights.    Let me explain.   The members of the legal profession are the last rallying point for defense of the constitution.   Right now as an example fair minded people have looked at Hillary Clinton’s foray in the cyber world of e-mails and are thinking – if that had been me, the jail house is in my future; however, lawyers are out there making certain that she is not persecuted because she is Hillary Clinton, or that she does not get a pass because she is Hillary Clinton.    (Ditto for Chancellor Wise of the University of Illinois).
Defending the constitutional rights of citizens is the sacred duty of every single member of the legal profession.   The obligation is a birth right and one of the obligations that if you shirk you lose your self respect.   (This is the reason that I lobby daily for a HONEST investigation of the Mary Sykes and similar elder cleansing cases  – my personal self respect requires it).
Larkin first based his rationalization that he had a right to censor the call for an Honest investigation on the Sawyer case.    Had he and his co-conspirators read the case they would have found that the last paragraph negated their argument.   After I quoted the last paragraph as an argument against Larkin’s position he in his usually intellectual dishonest way dropped citing the case.   Prevarication and subterfuge were substituted for honest legal argument.
The most recent example was found in the JoAnne Denison documents wherein the IARDC tortured the Alvarez case and distorted its reasoning to suggest that an argument that the Supreme Court of the United States rejected was the basis of the decision.  (Alvarez held that even false statements are protected by the First Amendment –  Alvarez claimed to be a medal of honor winner – he was not)
The disciplinary proceedings against both JoAnne and myself were based upon our calling the Justice Department for an HONEST investigation.   (see Cynthia Farenga letter – Ms Farenga read the Probate Sharks blog and found a call for an Honest investigation of the elder cleansing cases.   She notified Ms Black – a stooge of Mr. Larkin – and shortly afterwards disciplinary proceedings followed against first me and then JoAnne)
Why are the miscreants so upset by an Honest investigation.   An honest investigation would cause the prosecution of the dishonest judges involved as well as the dishonest guardians, guardians ad litem, and other judicial officials.    An Honest investigation would lead back to political figures (including nursing home operators) who are reaping in billions of dollars in loot!     An Honest investigation would result in capital gains on property stolen from wards becoming ordinary income, and worse yet an Honest investigation would end the very lucrative War on the Elderly and disabled.    The the Conspirators assaulted the First Amendment.
If you recall my hearing.  The IARDC attorney held a copy of my letter to the Attorney General of the United States in his hand and asked me if I was repentant for writing it!
The legislature and the Congress worked long and hard to address the plight of the elderly and the disabled.  Previously the Courts developed the doctrine of parens patrie.  All of the above was designed to address the problem of even the most incorrigible senior et al.    In fact they worked.    Or at least they worked into our miscreant conspirators discovered the amount of money that was available by elder cleansing.
My solution is not to throw the baby out with the bath water, but to get rid of the scum of the legal profession starting with the administrator of the IARDC.   I suggest that we send a message – TAX THE BASTARDS!   let them pay all the interest, penalties and taxes due.
Our state needs the money – the money Larkin himself owes would make a great contribution to the pension crisis and send a message.   There is going to be claimed an $800,000 capital gain on Mary’s house.    That should be a One million dollar ordinary income report!    The other 2 million dollars stolen is also subject to income tax.    
Why is Larkin and his miscreant co-conspirators being given a pass?
The short answer is found in the word “corruption”   If we just enforce our laws there is a place of accommodation for the elderly and the disabled. 

Elonis v. US–SCOTUS still stands firmly for free speech.

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As many of you will recall, the defendant in this case was charged with a crime for posting rap music lyrics on his website, which apparently, people at his job, his ex wife and some others claimed were threats against them, because we all know how nice rap music is in terms of threatening messages.

https://drive.google.com/file/d/0B6FbJzwtHocwS0hsb3g3RHFxUUE/view?usp=sharing

But the US Supreme Court isn’t buying such a standard.  The Obama administration and others wanted to use the standard, would a reasonable person feel threatened from harm and present that to the jury.

SCOTUS said the key to these cases is whether or not the speaker intended harm and not the listener.  And, to top that off, there would have to be a showing of criminal intent, that is, did the speaker intend to commit the acts constituting a crime.

So while the SCOTUS is making sure that we aren’t dumping even more people in our for-profit jail/prison system for things that really don’t amount to crimes ( publishing lyrics to rap music and having people read them to feel threatened), we have Jerome Larkin and the ARDC going after Mr. Ditkowsky, Mr. Amu and myself for publishing the truth about probate.

Then they ban all the witnesses, many witnesses testify on my behalf, but apparently the Farenga, Stern, Schmeidel team is so tied in, their testimony gets a pass over the dozens of affidavits and actual horror stories from the victims themselves who have suffered on their behalf.

Due tot he Farenga, Stern, Schmeidel team, there was never any discovery in the Sykes case, the Gold coins still have not been found, nor has there been any discovery, Mary wanted to live in her home until she died, but they sold her home for some $200k in attorneys fees–all of which is shameful behavior and all of which Mr. Jerome Larkin, head of the Illinois ARDC wants to cover up.  It’s all the truth.  The probate courts shy away from opening investigations when they should, they divvy up cases and it’s seniors and disableds for cash.

Barbara Stone’s case is “seniors for cash”– with malicious harm to her mother which was never investigated properly.  Her mother is still in grave danger of death from drugs.

Please pray for all of the above persons.  I will soon start a prayer page for all the probate victims.

Please pray for Mary G. Sykes that she died in captivity and her Advanced Directives were totally ignored by the Court and Stern, Farenga and Schmeidel at the end.

JoAnne

Some thoughts on the First Amendment by Tim Lahrman

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Just so you all know, Tim Lahrman is a great guy who has help many a probate abuse victim behind the scenes.  He is hard working and dedicated.

What he sent me today was this:

Subject: Re: First Amendment

I do not disagree with one thing Ken advocates for or the positions he has taken.   The 1st Amendment is a very interesting and powerful subject
I once wrote a letter to the only elected Probate Court Judge in Indiana and I opened my letter with the fact that the letter was presented in the spririt of the 1st Amendment and the right to freely exercise one’s right of political free speech freely exercised. I cited the applicable articles of the Indiana State Constitution and then I proceeded to tell this Judge he was a bully and that I did not mind calling him out as a bully.  It was indeed a bold letter, some might think even a crazy man’s rant, but nonetheless I had every right to write the letter and say what I did.  I simply called the guy out to be known as a notorious prick throughout the community and asked him if his parents were proud of him and raised him to be a prick —  anyhow,
I have said some bold things to a few judges and authority figures over the years, it is never really enjoyable at the time and I often have no idea where the words come from when I open my mouth, the words just come out and I guess I have just been lucky —–  I am always cautious and mindful not to make any threats, use fighting words and or assert any revenge —-  The Indiana Supreme Court has held that telling a state actor to f*** themselves is free speech, it is a statement that illicits no response.  Moral of the ruling, you can tell them to f***-off, just don’t add to the statement,  what are you going to do about it?   I love the 1st Amendment, its all a guy like me has —–  and never would I care to have a Bar Association license, not in today’s world anyhow …
But my point is this ——  what about the words we don’t hear from the people we are prohibited for associating with — and the words in the hearts and minds of those held in seclusion, secreted from society and from any opportunity to exercise their right to free expression, silenced and unheard from.    What about their words?  Is not this the real reason you find ourselves now arguing and fighting to express and protect your words ??   Why, if it was not for wanting to hear Mary’s words, and witness Mary exercise her 1st Amendment rights, none of us would even be here —- Brodsky included …..

From GJS – a harrowing story of one man’s final days and his death….

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Of a broken heart.

Thanks for sending this along G****, I really LOVED the story.

here is the link to the full story:

Benjamin Alfano’s Harrowing Probate Story

Synopsis of facts:

Benjamin Alfano lived at Raleigh Hills Assisted Living, where he was frequently visited by his granddaughter. He died in February 2011.

Twenty-seven months ago, Probate Judge Cobb dismissed the pleas of Alfano, his four doctors, four of his five children and Cobb’s own court visitor, and awarded control of the veteran’s life to Chris Farley, a professional guardian.

Alfano, a 72-year-old amputee with full benefits, would survive only another six months.
Farley moved the veteran out of the Raleigh Hills Assisted Living facility he loved and eventually into a locked-door dementia-care unit in Gresham, and strenuously isolated him from his children.

Alfano’s heart burst, literally, in February 2011, and he died at the VA Medical Center.

As Judy Bridges, the Raleigh Hills administrator, submitted in an affidavit, “I believe with all my heart that the move killed him.”

Alfano’s death devastated his five children, four of whom retained Portland attorney Michelle Burrows to initiate a federal civil-rights suit against Farley, Pagnano and individuals at ODVA.

Of the $407,000 parked in the account when Farley was appointed guardian in 2010, only $220,000 remains.

And that includes another $44,000 that Alfano received in pension and Social Security before he died.

Where did all the money go?

ODVA “disbursed” $26,784 to Farley and another $27,643 to her attorney, Sibylle Baer.

Pagnano the GAL received $19,022.

D. Kevin Carlson, the assistant attorney general at ODVA, received $25,143.

J. Kevin Shuba — the lawyer representing Alfano’s four children — received $41,560.

But none of those payouts are as galling as Carlson’s suggestion, on behalf of Attorney General Ellen Rosenblum, that Cobb must hold another $120,000 of the estate in reserve to defend ODVA and Farley against a potential federal suit.

Think about that.

Four of Ben Alfano’s children — Mary, Steven, David and Lisa –believe the conservator and guardian made decisions that contributed to their father’s “wrongful and untimely death.”

And Carlson wants to pit what’s left of their father’s estate against them.

None of those children plans to be in Guardianship court.

“She has never listened to anything we’ve said,” Steven Alfano notes.

“And we’re beaten down. Dad is dead. We lost him. And the health toll this has taken on Mary and me, especially, has been huge.”

They have, however, filed an objection.

Further degrading the estate, they argue, “would be both an injustice and simply ethically wrong in any code of conduct.”

— Steve Duin is an Oregon reporter on this story

***End of Story****

Does this sound familiar?  Haunting echoes of the Illinois Probate court?

I wonder

From Ken Ditkowsky. Who Atty Leah Black really wants to testify…

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Ms. Black does not want Connors to testify, nor does she want Gloria to testify.    She would like to limit the testimony to Farenga and Stern and deny me cross examination.    Unfortunately she knows that is not going to happen.     The Alternate reality is not going to fly.     The strategy was to frighten me!    A Judge, especially, an appellate court judge testifying against you is supposed to be a terrifying prospect.     It is not if you realize that if Connors does testify she might decide to be truthful.    If she is truthful her testimony will be that there is a pattern of conduct in the probate division of the Circuit Court wherein seniors are all too often railroaded into guardian-ships in which they lose their liberty, their property, their civil rights and their human rights.   
 
Connor’s testimony if contains even a scintilla truth is going to have admissions that:
1) she was told on August 31, 2009 that the applicant for plenary guardian was unable get Mary Sykes’ doctor sign a certificate of incompetency  CCP211 and even though charged by the jurisdictional statute to hold a hearing in which the standard of proof was clear and convincing she never held a hearing.    Ms. Black denied that no hearing was held in answers to Request to Admit.    Thus, Ms Black is going to prove herself a bit aggressive with the her answers to the Request to Admit.
2) that she knew or should have known the record in the case before her and the record revealed that a) the petition was faulty as it did not name all the close relatives and b) the close relatives were not served with a written 14 day notice prior to the hearing.    In fact there is no certificate of mailing or service.
3) that there were other irregularities.    I’ve listed them previously so I will not do it again, but these irregularities were also jurisdictional and continue to this day.
 
I do not see how it is unethical or immoral to refuse to attorn to what in my opinion is corruption of the court significantly worse that the parent – Greylord.     How can any right thinking person sit quiet an allow seniors to have their estates looted and  their liberties forfeited.    
 
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

Fax to Attys Leah Black and Steve Kozlov at the ARDC

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First please see the links to the fax I just sent to Attys Leah Black and new counsel Scott Kozlov.

https://docs.google.com/open?id=0B6FbJzwtHocwNGEwbFVnSEpCc1k

https://docs.google.com/open?id=0B6FbJzwtHocwNGEwbFVnSEpCc1k

Atty Kozlov has just filed an appearance on KD’s ARDC case, so we want to make him immediately aware of the quagmire into which he will step.

And Scott, it’s not too late to call Cynthia Fareng and Adam Stern and tell them to do the right thing and dismiss the Sykes Probate case no. 09 P 4585 before it’s too late for you too.

You are now aware the court is without jurisdiction from prior posts on this blog, in particular please see the “Important Documents” page on this website, and esp. Yolanda’s declaration indicating there is no jurisdiction over Mary Sykes because a Notice of Hearing was not disseminated 14 days prior to the hearing by the petitioner, in writing, to the two adult sisters of Respondent (Yolanda and Josephine) as well as another adult child–Gloria.

Gloria has been victimized in all of this and was (wrongfully) evicted  from her home, despite the fact she was a long term care giver.

Be forewarned, the case is wired and apparently it goes high enough to get into the ARDC, the IAG and other offices.

It is only due to this blog and other blogs that are disseminating the information that something is strangely and strongly awry in the Probate Court.

Please join with Ken and I to ask for and obtain, a complete investigation of this case!

thank you for your attention to this matter.

JoAnne Denison