Tuesday, July 25, 2017

PART 4: LAWYERS CHARGED WITH FLEECING ELDER MARVIN SIEGEL OUT OF MILLIONS…NOW SEEK TO GET HIS DAUGHTER DISBARRED

 PART 4

by Lonnie Brennan

“High-powered lawyers” is an understatement to describe the North Shore powerhouse of attorneys who have been accused of isolating and medicating retired Attorney Marvin H. Siegel of Boxford, Mass. in order to liquidate his estimated $7 million estate.

BACKGROUND SUMMARY

Mr. Siegel has been held as a virtual hostage in his own home, with 24/7 round-the-clock “guards” (medical providers), who, according to one of his daughters, have isolated the 89-year old from close family members for the past five years. Mr. Siegel was placed on lock-down through a court decree of unlimited powers granted to Attorney Brian T. Cuffe, courtesy of Judge Susan D. Ricci (who wrote the order while the presiding judge was on vacation in Italy).

Mr. Siegel’s nightmare is complicated, but highlights are contained in Parts 1, 2, and 3 in prior issues of The Boston Broadside.  In summary, he was involuntarily committed to a psychiatric facility (Whittier Pavilion in Haverhill, Mass.) by a doctor at Beverly Hospital, following a questionable ambulance transport from his house to the hospital. His evaluation was for potential Alzheimer’s onset. It has been charged that Brian Nagle of BNY Mellon, which held the bulk of Mr. Siegel’s multi-million dollar estate, dispatched Atty. Edward Tarlow and his associate Catherine Watson to the psychiatric facility where, according to Mr. Siegel’s attorney daughter, Lisa Siegel Belanger, Mr. Siegel s was administered drugs and lied to, and unwittingly signed away years of careful, deliberate family and estate planning documentation.

Mr. Siegel later experienced a second involuntary commitment at Merrimack Valley Hospital half-a-year later, the daughter charges, after the newly signed documents were used by Attorney Cuffe to further drug and control the senior. The details of that commitment are noted in prior issues of this newspaper. Nightmare is a gentle term to describe the “legal kidnapping,” medication, isolation, and subsequent liquidation of Mr. Siegel’s life-estate.

KAZAROSIAN STRIKES BACK AGAINST DAUGHTER

High-profile Attorney Marsha V. Kazarosian, along with Attorneys Cuffe, James E. Feld, and Thomas J. Barbar, have collectively filed a complaint to the Office of the Bar Counsel, Board of Bar Overseers (B.B.O.) of the Supreme Judicial Court in Boston for “professional misconduct” on the part of daughter Lisa Siegel Belanger, who has fought the high-financed lawyers tooth and nail for five years.

In their complaint (B.B.O. File NO. C2-12-002476408 – Marsha V. Kazarosian, et. al.), the lawyers who have controlled Mr. Siegel’s estate – and have drained an estimated $1 million from the estate over each of the past five years (according to court filings) – submitted 101 pages of counter-claims against Lisa Siegel Belanger, inclusive of exhibits which admonish Lisa for speaking to the press. The exhibits include several pages of Boston Broadside coverage of the case.


The complaint states that The Boston Broadside was provided with lies by the daughter, but in 101 pages, not one lie is exposed, nor even mentioned. We’ve reviewed the case files (thousands of pages, and exhibits, as well as video and audio tapes and eagerly await clarification in the future on what appear to be a broad-brush tarnishing of Lisa Siegel Belanger for daring to go up against such a powerhouse team of attorneys. Most striking is that Lisa’s exposure throughout this process of multiple other seniors who have suffered similar actions by some of these same lawyers, is not addressed.

Since the Boston Broadside’s articles have been published in more than 38,000 printed newspapers, as well as online, other media have picked up the story. The question which is repeatedly asked is how Kazarosian and her fellow “untouchables” could have gained so much control over Mr. Siegel.
And the recent B.B.O. complaint, when shared with others brings more questions. In the complaint, Kazarosian charges Mr. Siegel’s daughter with exploiting her own father, for spending a fraction ($85,000) of his multi-million dollar holdings. Apparently, most of those funds were actually spent defending Mr. Siegel against the “untouchables.” So, how is this “exploitation” by Lisa, we are asked? And how can Kazarosian keep a straight face saying that the untouchables need to spend millions to defend themselves against Lisa?

The untouchables’ complaint against Lisa also spills much ink over a series of contempt-of-court charges made against Lisa. The bulk of the charges were made because Lisa visited her father in the hospital, where he was believed critically ill from complications of various drugs. Lisa took too long to respond to the first contempt-of-court charge, and was subsequently fined multiple times (and re-charged with multiple contempt-of-court charges) until she made payments to certain untouchables to cover their legal fees in prosecuting her for visiting her father, against their wishes. Seriously, truth is stranger than fiction.


Counter-complaint filed by Attorneys Kazarosian, Cuffe, Feld, and Barbar against Marvin Siegel’s daughter Lisa, claiming she is the reason they have had to deplete millions from his estate to fight her – to protect Marvin Siegel from her exploitation.

A further question we’ve been asked is: If Lisa had been guilty of misspending any money, why was she not charged or has had any complaint lodged against her for five years, until she recently went public to the press?

Most curiously, we’ve been asked: Why now? Why are these four, high-powered attorneys who took control of Mr. Siegel’s estate, now, after five years, striking out against Mr. Siegel’s daughter, Lisa? Is it because Kazarosian’s, Cuffe’s, Feld’s and other’s actions have “seen the light of day” in a newspaper?

Of interest, Kazarosian has taken out a full-page color advertisement in Massachusetts Lawyers Weekly, a private publication made available to lawyers, stating (in all capital letters): “LAWYERS TRUST MARSHA KAZAROSIAN AND WALTER COSTELLO TO LEAD THEIR BAR ASSOCIATIONS. CLIENTS TRUST THEM TO OBTAIN THE BEST RESULTS.” The ad is estimated to cost in excess of $4,500 according to the publication’s online posted rates. In the ad, Kazarosian is featured in a low-cut top, with a smiling, suited Costello.

Kazarosian is the immediate past president of the Massachusetts Bar Association. In addition to a long list of service in various lawyer associations, in January 2016 Kazarosian was appointed by Gov. Charlie Baker to the Supreme Judicial Court Nominating Commission. She had previously served six years with the B.B.O.

Notes: Lisa Siegel Belanger had previously filed multiple submissions to the B.B.O. (approximately a dozen, she stated) against Kazarosian and her group during the past four years. Each has been outright rejected, stating that no investigation could take place as it was “pending litigation.” In contrast, Lisa is now forced to reply to the one Kazarosian complaint – the one complaint that seeks to strip Lisa from her livelihood –  her ability to work as a lawyer.

Lisa filed a complaint of racketeering against Kazarosian, et. al., but the courts refused to consider it, despite multiple attempts (and it has been revealed that more than one court judge is closely tied with Lisa’s opponents!).

The lawyers who control Mr. Siegel’s estate continue to try to get him vacated from his $900,000+ Boxford home. And Lisa continues to fight them every step of the way, appeal after appeal. But the case has never been discussed in court – always rejected in the lower courts on technicalities of paperwork filings, never on the merits of connected lawyers isolating, medicating, and liquidating a defenseless senior.

Where from Here?

With the involvement of such high-powered lawyers and the seeming acquiescence of the judicial system, several people have suggested that perhaps it is time for the U.S. Attorney’s Office to take a look at this entire case. Similar cases of elder mistreatment have also recently come to our attention which we are in the process of investigating. Stay tuned.

(NOTE: Kazarosian either intentionaly lied or else has serious comprehension problems: she misrepresented The Boston Broadside’s article regarding the cataloguing and control of the contents of Mr. Siegel’s safety deposit box in her complaint to the B.B.O.)

Full Article & Source:
PART 4: LAWYERS CHARGED WITH FLEECING ELDER MARVIN SIEGEL OUT OF MILLIONS…NOW SEEK TO GET HIS DAUGHTER DISBARRED

Attorney’s discipline case finally resolved

WILKES-BARRE — Nearly seven years after being temporarily suspended from practicing law, a Kingston-based attorney who admitted to giving “items of value” to a former county judge has resolved the disciplinary case against him.

Harry V. Cardoni of Harveys Lake agreed to a five-year suspension that was applied retroactively to December 2010, when he was initially levied a temporary suspension, according to an order the Office of Disciplinary Counsel filed last week.

The order means Cardoni has already completed his suspension and could allow him to return as a practicing attorney.

“We intend to petition the disciplinary board to reinstate him as an attorney,” said Cardoni’s Philadelphia-based attorney Marc S. Raspanti, noting that process can take about a year.

Cardoni was temporarily suspended after admitting he gave former Luzerne County Judge Michael Toole perks, including use of his New Jersey beach house, in exchange for the judge appointing Cardoni’s preferred arbitrator in an insurance case, resulting in an award for Cardoni’s client of about $1 million.

Toole pleaded guilty to accepting an illegal gratuity from an attorney, as well as to failing to pay taxes on a “finder’s fee” he received from another attorney — Kids-for-Cash figure Robert J. Powell, who admitted paying $770,000 in bribes to former Luzerne County judges Mark A. Ciavarella Jr. and Michael T. Conahan in exchange for them funneling juvenile defendants to two private detention centers Powell partly owned.

Toole was sentenced to serve 2½ years in prison and ordered to pay $5,000 in fines.

Cardoni cooperated with prosecutors, who said he “expressed genuine remorse” for his actions. He was never charged with a crime.

But the Office of Disciplinary Counsel for the Supreme Court temporarily suspended his license based on his admission to providing items of value to Toole.

In the time since, Cardoni has been helping elderly family members, managing several properties he owns and assisting a friend and family member in developing several businesses, according to a petition filed in May.

The petition says Cardoni has also completed the continuing legal education requirements since he was temporarily suspended and that he understands he will need to file a petition seeking reinstatement to the state bar association if he intends to return as a practicing attorney.

Full Article & Source:
Attorney’s discipline case finally resolved

Hinsdale woman's caregiver accused of identity theft and fraud

Katricia D. Williams
A Chicago woman who worked as a caregiver for a Hinsdale resident last year has been charged with using the resident's identity and bank accounts for her own use.

Katricia D Williams, 36, of the 1100 block of West 127th Street, Chicago, was a health care worker for a 68-year old Hinsdale woman from July to September 2016, Hinsdale police said.

While working in the woman's home on the 700 block of South Garfield Avenue, she gained access to the woman's financial information and allegedly used the patient's name, checking account and credit cards to pay bills, shop online and pay jail commissary accounts for her family members totaling an estimated $3,500, police chief Kevin Simpson said.

The crimes were reported Sept. 7. A DuPage County grand jury indicted Williams June 27 for continuing a financial crimes enterprise, financial exploitation of the elderly and 11 counts of aggravated financial identity theft, all felonies.

Officers from the DuPage County Sheriff's Office took Williams into custody Tuesday and took her to the DuPage County Jail, Simpson said.

It was "a long, drawn out case that came to a successful end," the police chief said.

Full Article & Source:
Hinsdale woman's caregiver accused of identity theft and fraud

Monday, July 24, 2017

Tonight on T.S. Radio: Danny Tate & Marti Oakley - Live from DC!








5:00 pm PST … 6:00 pm MST … 7:00 pm CST … 8:00 pm EST
Danny Tate and Marti Oakley Join us this evening for a live broadcast from Washington DC! (30) minute segment.

We will be discussing the upcoming Summit and what we hope to accomplish while there. 

We have several meetings to attend prior to our panel on the 28th and hopefully we can return with some good news for everyone caught in this trap. 

Thank you to everyone that has shown their support for all of our efforts here. It was great to know that we have that from you. 

We have already been asked to consider doing another panel next year to expand on this issue and to keep it in the public eye. Again, thank you for your support! 

We were overwhelmed with the response we got to getting this panel on guardianship/conservatorship and the misuse of the judicial system that facilitates it. 




















The Whistleblower Summit is July 27th and 27 and is open to the public!

Steve Miller: Jason Hanson Sues Jared Shafer And Others For Civil Racketeering, Fraud, And Embezzlement

LAS VEGAS - 27 year old cerebral palsy victim Jason Hanson, after waiting since April 2016 for the Las Vegas Metropolitan Police Abuse and Neglect Detail to present Clark County District Attorney Steve Wolfson with Requests for Prosecution of the persons who stole the majority of his inheritance, on July 17, 2017 took the next step and filed a Civil Racketeering and Embezzlement lawsuit against his exploiters in Nevada State Court.

"I decided to take matters into my own hands," responded Hanson when asked by KTNV TV Contact 13 Chief Investigator Darcy Spears why it was taking the police so long.

Hanson hired Las Vegas attorney Jacob Hafter to determine if he had grounds to sue private guardian Jared E. Shafer of Professional Fiduciary Services of Nevada (PFSN), Clark County Public Administrator John Cahill,disgraced ex-judge Francis Fine, attorneys Dara Goldsmith and Elyse Tyrell after waiting over nine years to receive his inheritance that they collectively controlled, an inheritance that once included a Special Needs Trust fund of over $100,000, and a handicapped equipped 1,200 square foot two bedroom condominium in a gated community in southwest Las Vegas.

In winter 2017, it had been nine years since he reached legal age of majority and was taken off guardianship, however, Hanson had yet to receive a dime of his inheritance that was looked over by the defendants in his lawsuit, and an incompetent, or collusive, Clark County Family Court system.

When Jason turned 18 in 2007, and his youth guardianship automatically terminated, Francis Fine and the other Trustees NEVER refiled to be guardian over him as an adult, and never had him mentally evaluated, rendering the whole guardianship over him for the next 8 years non-existent! Had they had him mentally evaluated, they would have learned that he's intellectually gifted, and was not in need of guardianship. For this he repeatedly asked the court to appoint him an attorney, and was repeatedly refused.

In January 2016, Hanson testified before the Nevada Supreme Court Guardianship Commission where Shafer's lawyer Elyse Tyrell was somehow appointed as a Commissioner. He confronted Tyrell on local TV news about the whereabouts of his money. Several days later, Tyrell coughed up a one year old check in the amount of $5,530.74 that she had kept secret from Hanson. When asked about the year old check by reporters, she represented that it was the total remaining balance from the sale of Jason's house after Shafer and his attorneys finished deducting their fees. It was later learned that while on Tyrell, Fine, Goldsmith, and Shafer's watch, Jason's original guardian Susan Rousselle stole $39,000 from his $100,000 trust. No thanks to Tyrell, et. al., It was only learned after the woman confessed to the crime in a plea bargain. The remaining $60,000 in the Trust was never mentioned by anyone purportedly looking out for Jason, and only recently was discovered in the unclaimed funds account of the Pennsylvania State Treasurer, the state where Rousselle lived before being caught.

In the meantime, Hanson has been living at taxpayer expense for almost ten years.

Full Article and Source:
Jason Hanson Sues Jared Shafer And Others For Civil Racketeering, Fraud, And Embezzlement

See Also:
READ Jason Hanson's lawsuit

A voice for the elderly

ELKO – Last year, a man who was appointed as permanent guardian for his 80-year-old mother was arrested on charges of converting her money for his own use. Five years earlier, a live-in caretaker convinced an 82-year-old woman to give him $8,000 for a down payment on a Hummer.

With cases like these in mind, Northeastern Nevada Special Advocacy For the Elderly (SAFE) proposes to bring an additional level of accountability to those who watch over the financial and medical welfare of the elderly, and seeks to be a voice for people under a guardianship in Elko County.

Founded by a committee led by Department 1 District Judge Nancy Porter, SAFE provides a volunteer to represent the interests “of an adult who has a guardian,” similar to a program in Douglas County.

Attorney Katie McConnell, president of SAFE, handles elder law and guardianships, and believes the organization will “deter elder abuse in guardianship cases.”

“Elder abuse can be abuse, exploitation, or neglect – financially, physically or emotionally,” explained McConnell.

According to a 2016 report by the State of Nevada Aging and Disability Services Division, there were 51 cases of elder abuse reported in Elko County between July 1, 2015 and June 30, 2016.

McConnell explained that in the past, people petitioned the court to become a guardian of an elderly family member, with the judge relying only upon the guardian’s report of the elder’s condition and assets.

“There are many cases in which the guardian doesn’t even visit the protected person, and may or may not pay their bills,” she said.

SAFE is a nonprofit organization with a board of directors, and is applying for grants to fund the hiring of a coordinator and obtaining office space to begin training volunteers by November, added McConnell.

“This is very similar to CASA,” McConnell said, referring to the Northeastern Nevada Court Appointed Special Advocates, volunteers who represent children removed from their home and placed in the foster system.

“These are the CASAs for elders’ guardianship cases,” said McConnell. “A court appointed friend … looking out for the best interests of the protected person.”

Currently, 325 open guardianship cases are in district court, according to Porter, who hears 300 of those cases throughout the year.

Volunteers would be given two to three cases to start with, said McConnell.

Kathy Jones, Elko County’s public guardian, is limited to seeing no more than 25 people at a time, and believes that the program will provide more resources to the elderly.

“They’re hoping for more eyeballs that are watching, a little more awareness,” said Jones, as SAFE would also offer help to caregivers to “relieve the burden and stress” of caring for parents or grandparents.

For caregivers, looking after elderly family members can be “very overwhelming,” Jones added. Building friendships is another benefit to the program, said Porter, citing research stating that people with dementia and their caregivers are in need of “social connections.”

“It’s one more step in this system to make sure these vulnerable adults are being adequately taken care of,” said McConnell.

To become a volunteer or for information, contact McConnell at 738-1951.

Full Article & Source:
A voice for the elderly

Fraud charges leveled against New Mexico guardianship firm

Federal prosecutors are accusing a New Mexico guardianship firm of embezzling millions of dollars from the trust accounts of their clients as part of a decade-long scheme to support what court documents describe as lavish lifestyles.

The 28-count indictment against Ayudando Guardians, Inc. and co-founders Susan Harris and Sharon Moore was unsealed Wednesday. It details charges of conspiracy, mail fraud, aggravated identity theft and money laundering.

Moore and Harris were arrested and made an initial court appearance Wednesday. They were scheduled to return to court Thursday to be arraigned.

It wasn't immediately clear if the women had attorneys. Messages left at the company's office were not immediately returned.

Ayudando — which means "helping" in Spanish — specializes in guardianship, conservatorship and financial management services for hundreds of individuals with special needs, including disabled veterans. The company receives benefit payments from the U.S. Department of Veterans Affairs and U.S. Social Security Administration on behalf of many clients.

"The victims in this case relied upon Ayudando to manage their finances and meet their needs," said Acting U.S. Attorney James Tierney. "If the allegations in the indictment are true, the principals of Ayudando cruelly violated the trust of their clients and looted their benefits."

With a court order, federal authorities have assumed control of Ayudando's business operations to ensure the clients' interests are protected as the case moves forward.

The case comes as a special commission created by the New Mexico Supreme Court studies the state's overall guardianship system with the aim recommending ways it can be improved.

The system was thrust into the spotlight following a series of investigative articles published by the Albuquerque Journal that raised questions about the lack of oversight and transparency.

According to the indictment made public Wednesday, Harris and Moore set up client trust and company bank accounts that only they controlled and transferred funds from client accounts to company accounts.

They are accused of using client funds to pay off more than $4 million in charges on a company credit card that was used by the two women and their families for personal purposes.

The indictment also accuses them of writing checks to themselves from company accounts, replenishing depleted client accounts with funds taken from other clients and mailing fraudulent statements to the VA.

Between June 2011 and March 2014, Harris is accused of writing 12 checks that totaled nearly a half-million dollars. One check in the amount of $50,950 was made out to Mercedes Benz of Albuquerque while another for $26,444 was issued to an RV dealership.

Other spending included more than $140,000 on vacations, from cruises in the Caribbean to a college basketball Final Four junket.

Full Article & Source:
Fraud charges leveled against New Mexico guardianship firm

New Mexico Women Plead Not Guilty in Federal Fraud Case

ALBUQUERQUE, N.M. (AP) — The founders of a New Mexico guardianship firm have pleaded not guilty to federal charges that they embezzled millions of dollars from the trust accounts of their clients as part of a decade-long scheme.

Susan Harris and Sharon Moore entered their pleas Thursday in federal court in Albuquerque. They posted the equity in their homes as bond and their conditions of release include supervision pending trial.

A 28-count indictment against the women and their company — Ayudando Guardians, Inc. — includes conspiracy, mail fraud, aggravated identity theft and money laundering charges.

Federal authorities have taken over the company and have set up a special website and phone number for Ayudando clients who need information about their accounts.

Prosecutors say hundreds of clients, including disabled veterans and people with special needs, relied on Ayudando to manage their finances.

Full Article & Source:
New Mexico Women Plead Not Guilty in Federal Fraud Case

Sunday, July 23, 2017

10 ALF owners sentenced for accepting kickbacks

Ten Miami-Dade County assisted living facility owners have received sentences of federal prison time or home confinement for accepting healthcare kickbacks, the Justice Department announced Wednesday.According to court documents, the operators conspired with the former owner of Florida Pharmacy to receive kickbacks and bribes in exchange for referring residents for prescription medication and durable medical equipment paid for by Medicare and Medicaid. The scheme violated their Medicaid provider agreements as well as federal and state anti-kickback rules and regulations the Justice Department said.Nine of the owners were sentenced to federal prison terms ranging from eight months to one year and one day, and an additional owner was sentenced to home confinement. All 10 defendants also were ordered to serve three years of supervised release, pay restitution and be subject to forfeiture judgments.

Sentenced to home confinement was Blanca Orozco, 69. Sentenced to prison:
  • Alicia Almeida, 56;
  • Norma Casanova, 67;
  • Yeny De Erbiti, 51;
  • Maribel Galvan, 43;
  • Marlene Marrero, 60;
  • Dianelys Perez, 34;
  • Jorge Rodriguez, 57;
  • Rene Vega, 57; and
  • Osniel Vera, 47
The sentences came in the U.S. District Court for the Southern District of Florida. Indictments against the defendants were announced in October. All 10 subsequently pleaded guilty to receiving kickbacks in connection with a federal healthcare program.

Full Article & Source:
10 ALF owners sentenced for accepting kickbacks