Judge John L. Phillips - Justice Has Not Been Served

Justice has not been served in the case of my dearly departed friend, the Honorable Judge John L. Phillips, known to all as the Kung-Fu Judge. Upon learning of his candidacy in 2001, Brooklyn D.A. Joe Hynes filed an ex-parte (secret action) to seal up all of Judge Phillips' assets. Twelve apartment buildings and two movie Theatres were part of the millionaire judges' empire. The Court then appointed Hynes former Chief of Staff, Harvey Greenberg, as Judge Phillips' "Guardian."

The transcript of the proceeding to condemn Judge Phillips is chilling. The reason presented to the court for a guardian was a videotape presented by a prosecutor from the Brooklyn DA's office, Steven Kramer, who conducted a raid on Judge Phillips home along with three confederates. A.D.A. Kramer produced a videotape of the raid at the hearing, and the chief piece of evidence to appoint a guardian was that Judge Phillips had "campaign posters" in his house. These facts are not in dispute. I've read the transcript.

Judge Phillips was then remanded to a nursing home...in the BRONX, and the race for District Attorney was over.

Full Article and Source:
Judge John L. Phillips - Justice Has Not Been Served

Former Judge Larry Seidlin Still Milking Anna Nicole Smith Case

Former Broward circuit judge Larry (Cryin') Seidlin is still milking the Anna Nicole Smith case for everything he can.

Seidlin made the national media rounds last week to hype his new book, "The Killing of Anna Nicole Smith," and to increase his visibility as he tries to land a syndication deal for a new court TV show, "Psychic Court."

The man has no shame.

His performance in the six-day hearing to decide where Smith should be buried after her February 2007 overdose death at the Seminole Hard Rock Resort in Hollywood was bad enough.

But his latest turn as moral policeman, with the book decrying "enablers" who coddle and exploit celebrities for their trappings and wealth, is especially cringe-worthy.

Full Article and Source:
Former Judge Larry Seidlin Still Milking Anna Nicole Smith Case

NASGA Member on Guardianship Abuse

Dear Union County Freeholders,

My husband and I want to thank Freeholder Kowalski for stating that guardianship abuse in Union County will not be tolerated.

Based on Freeholder Kowalski's closing comment on the June 24, 2010 - meeting we would like to bring to your attention that guardianship abuse is occurring right in the Union County Courts, in Judge John F. Malone's courtroom. He is bringing down full plenary guardianships without due process for the alleged ward.

The most disturbing part of the matter is that Assignment Judge Karen Cassidy is fully aware that he is not following the rules of the court and is violating the judicial canons and is not reporting his unethical\illegal behavior as she is mandated to. Instead of protecting the most vulnerable and their families she is exploiting them.

Judge Cassidy is protecting a disturbing practice in the Union County Chancery Court.

Full Editorial and Source:
Guardianship Abuse

Brother Accused of Stealing From Disabled Sister

His brother begged a judge not to approve Brent A. Carney as trustee of a trust fund that their late mother established to care for their deaf, mentally handicapped sister.

Carney is mentally ill, has a criminal record that includes theft and slapping their sister and could not be trusted to administer the fund, older brother James Michael "Mike" Carney told the judge.

Nonetheless , Muskingum County Probate Judge Joseph A. Gormley approved Brent Carney in May 2008. Gormley did so after requiring Carney to obtain a $500,000 bond.

Two years later, the trust money is gone. The approximately $150,000 in the trust that their mother left for Lisa Anne Carney Ferguson is drained. Only $162.04 remains, records show.

A Fairfield County grand jury indicted Brent Carney on June 4. He is charged with theft from an elderly or disabled adult by deception, which is a first-degree felony, and with complicity to commit failure to provide change of address, a fourth-degree felony.

Mike Carney is furious with his brother and with the judge.

"How low can you go, man, to stick it to your own family member?" he asked. "He deserves to do some hard time for what he has done."

Mike Carney said he plans to file a complaint with the Ohio Supreme Court's disciplinary counsel against Judge Gormley for approving Brent Carney as the trustee despite abundant evidence indicating that it would be a bad idea.

"His actions were inexcusable. That was poor judgment," Mike Carney said.

The judge said he tried to respect the mother's wishes in naming Brent the trustee and tried to protect Lisa's interests by requiring the bond. He said he didn't think Brent would be able to get bonded and was surprised when he did.

"Despite his shortcomings, he was able to get a bond," Gormley said. "It's unfortunate that he has apparently misappropriated the funds, but Lisa can now look to the bonding company and say, 'Replace my money.' So, it's not as gloomy as it looks."

The family was unaware of the trust fund's depletion until recently, when a Fairfield County investigation into the production and use of counterfeit checks led law enforcement first to Whitacre, then to Brent.

Brent Carney remains in the county jail in lieu of $250,000 bond. He has pleaded not guilty and is scheduled for trial in August. Fairfield County Prosecutor David Landefeld refused to comment on the case because it is pending.

Mike and Greg Carney have told Lisa that Brent stole her money. She is upset and angry, Mike said, but doesn't fully comprehend what happened.

"She doesn't understand the amount he really took," he said.

Full Article and Source:
Brother Accused of Stealing From Disabled Sister

Marie Long Wants Her Money Back

Attorneys for an 88-year-old widow left penniless by her trip through Maricopa County's probate court are asking that the old lady's money be returned until a new trial is held – one presided over by a judge who doesn't play favorites.

In their 70-page motion, attorneys for Marie Long lay out a pattern of treatment in which Commissioner Lindsay Ellis sided with and even lauded the attorneys and fiduciaries who wound up with all of the widow's money while ignoring requests from the attorneys who were trying to protect her assets as they dwindled to nothing.

The pattern of “blatant partiality, bias and hostility” culminated in Ellis giving a highly improper heads-up to the favored attorneys this spring, sending them an advance copy of her ruling that approved hundreds of thousands of dollars in fees they collected from Marie and lambasted the old lady's legal team.

But their motion for a new trial goes beyond her eye popper of a case and calls into question that coziest of probate practices, the one that allows lawyers and fiduciaries to collect fees first and seek approval (which they virtually always get) later.

“It is a long-standing practice that invites unfettered financial abuse of the incapacitated, incompetent and the elderly,” Marie's attorneys wrote. “This practice must stop.”

Marie was worth $1.3 million when she suffered a stroke in 2005 and came under the protection of probate court. Today, she's destitute and depends on taxpayers for support.

Full Article and Source:
From Probate Files, Elderly Widow Wants Her Money Back

See Also:
Probate Judge's E-mail Raises Eyebrows

Woman Convicted of Stealing From Elderly Aunt

A Lakeland woman faces at least 34 months in prison after being convicted of financially exploiting an elderly relative with dementia.

A jury found Jo Marie Weeks guilty on all three counts: exploitation of an elderly person, scheme to defraud and theft. Circuit Court Judge Dennis Maloney scheduled Weeks' sentencing hearing for Aug. 6.

Under state sentencing guidelines, Maloney would have to offer a reason for departing from the minimum sentence of 34 months, said a spokesman for the State Attorney's Office. Weeks, who has no previous felony convictions, could receive a maximum of 60 years in prison.

Weeks, 32, and her husband, Eric Weeks, were arrested in December on charges they siphoned more than $100,000 from Lelia Boyd, Jo Marie Weeks' great-great aunt, who lives in a Winter Haven assisted-living facility. Boyd, 89, is mentally incapacitated, a doctor and a nurse testified during the week-long trial.

Full Article and Source:
Lakeland Woman Convicted of Stealing From Elderly Aunt With Dementia

See Also:
Trial Begins in Exploitation Case

Judge Demands Guardian Produce Records

Public Administrator Lynn EnEarl has been accused of violating state law by not conducting inventory of her charges' property when she took over their cases or filing annual reports with the district court on their financial and health status.

District Judge Mi chael Gibbons ordered EnEarl, who is seeking re-election, to file an inventory and provide accounting in an order issued Thursday.

Gibbons set a 1 p.m. Tuesday hearing seeking an inventory of the property of Sharon Hicks, 83, who has been under the public administrator since 2006, and to determine whether Hicks should continue under EnEarl's guardianship.

Full Article and Source:
Judge Demands Guardian Produce Records

See Also:
Advocates Vs. Administrator

Florida Lawyer Arrested

A Kissimmee lawyer hired to manage money for an Alzheimer's patient and his wife used their credit cards to pay for a trip to Mexico, office furniture and other personal expenses, Osceola County investigators said.

Linda Littlefield, 38, was arrested at the Sheriff's Office, where she went to meet with detectives. The charges are grand theft and credit-card fraud. The Florida Bar also is investigating a complaint about the case.

Deputies say the man's family hired Littlefield in 2006 to set up a $40,000 trust. She told them they needed to give her their credit cards and monthly bills so she could pay them with the trust fund, investigators said.

The man was in his mid-80s when he died in February 2009. Last January, his wife began receiving statements from her credit-card company saying she owed nearly $15,000 on one of the cards. There was no balance when she hired Littlefield, detectives said.

An investigation showed Littlefield made five unauthorized purchases, one on each of five cards, sheriff's spokeswoman Twis Lizasuain said. The total spent was nearly $54,000. Littlefield also used $7,900 of the trust to make payments on the credit-card bills, she said.

Full Article and Source:
Investigators: Kissimmee Laywer Used Client's Credit Cards to Pay for Mexico Trip

Family Members Accused of Theft

A Wake County mother and son have been arrested and charged with exploitation of the elderly after more than $54,000 was withdrawn from an 85-year-old family member's bank account, according to court documents.

Janet Hood of Wake Forest uses a wheelchair and was living in a care facility at the time police say the money was taken, according to a search warrant issued for bank records.

Betty Jo Hood, 65, and her son, Richard Allen Richardson, 38, were charged with one count each of exploitation of an elder adult, according to court documents.

Full Article and Source:
Family Members Accused of Theft

Notes from Texas Public Hearing: Senate Committee on Jurisprudence

The Senate Committee on Jurisprudence, under the direction of Chairman Wentworth, met today in the Capitol Extension for invited and public testimony on interim charge 2.

Interim Charge 2: Study the guardianship program implemented by the Department of Aging and Disabilities and the Department of Adult Protective Services, including the efficiency and effectiveness of the program, the relationship between the two agencies, the appropriate rights for parents, and whether clients and their assets are adequately protected.

(2:12) Debby Valdez, an advocate for familial guardianship and a member of GRADE (Guardianship Reform Advocates for the Disabled and Elderly), was the first of nearly 3 hours of witnesses who gave emotional testimony on the abuses in the probate and guardianship system and were critical of DADS, Adult Protective Services, the private "profit-driven" guardianship system (in particular, GSI - Guardianship Services Inc.), Tarrant County Probate Judge Ferchill, and Denton County Probate Judge Windle. Other issues were ex parte discussions, attorney ad litems,revocation of parental rights, loss of familial interaction, revocation of familial guardianships, kickbacks, abuse, inappropriate relationships, sexual assault, the "stripping of civil rights," claims of "homicide," intentional overmedication, onerous appeal fees ($10,000 in Judge Ferchill's court), and theft of assets by ad litems.

(3:42) Sen. Harris voiced his anger at Commissioner Traylor and Assistant Commissioner Jessee over the lack of oversight with wards in private guardianship.

(3:47) Emotional public testimony continued.

(4:53) Steven Fields, court administrator for Tarrant County Probate Judge Ferchill, addressed the testimony regarding GSI, Judge Ferchill's relationship with GSI, ex parte hearings, the lack of notice given to family members with ex parte and revocation hearings, and specific allegations by family members. Mr. Fields stated "emergency situations" can require ex parte hearings, and family members can "create problems" for wards under the care of GSI. Mr. Fields said the $10,000 fee is a "security" for court costs in ad litem hearings. Sen. Harris expressed concern regarding overmedication, inadequate monitoring/oversight of wards, and Judge Ferchill.

Full Article and Source:
06/24/10 Senate Jurisprudence Committee on Jurisprudence

See Video of the Hearing

Hackers Hack Lawyer's Trust Account

It was a typical Monday at the office for Kimberly Graus, until she made a chilling discovery. Someone hacked her computer, gained control of her passwords, and emptied $35,000 out of her trust account.

“It is horrible,” said Graus, a sole practitioner in Bradenton who has been working feverishly since the May 10 heist to mitigate the damage.

“These unauthorized wires were sent from my bank account through my bank’s online system, which has three layers of password logins that must be made before a wire can be sent,” Graus said.

“The bank says my IP address was the source of the wire order, but since I did not do it, it is likely that someone hacked my system and stole my passwords as I logged them in.”

“If someone hadn’t been watching over me, it could have been $450,000,” Graus said. “As it stands now, in all I will have lost $10,000 for the one that got away, the $1,000 or so it will cost me for the computer forensic analysis, and the cost of a new laptop I have to buy to solely handle my banking.”

Full Article and Source:
Hackers Loot Lawyer's Trust Account

NASGA Press Release

Unlawful and Abusive Guardianships & Conservatorships Focus of This Month’s AARP’s ‘Inside E Street’ Program, Featuring NASGA Member

AARP, as part of their Inside E Street series, will present an interview on 6/24 and 6/25 with NASGA member Danny Tate, recently freed from an unlawful Nashville conservatorship.\1/

Inside E Street is an informative half-hour talk show that delves into the issues behind the headlines. While most political talk shows focus on the news from the campaign trail and analyze poll results, Inside E Street looks at the latest developments affecting economic security, health care and retirement.

For a listing of when PBS will air this AARP program in your area, visit http://insideestreet.sgewebdev.com/index.asp.

NASGA is an organization of victims for victims of unlawful and abusive guardianships and conservatorships.

______________
\1/ Note: Tate’s case involves an unbelievable “temporary” conservatorship that lasted over 2.5 years. Even now that the conservatorship has been terminated, Tate must fight to regain what’s left of his estate before the attorneys finish it off. See http://www.NashvilleCriminals.info.

Editorial: PA Supreme Court Shouldn't Let JCB Off the Hook

Of all the system failures that led to the Luzerne County judicial scandal, one of the worst was the Judicial Conduct Board's whiffing on a detailed complaint against former judge Michael T. Conahan that alleged case fixing, mob ties, and the basics of the "kids-for-cash" scheme. Now that the Interbranch Commission on Juvenile Justice has issued its report, it's up to the Pennsylvania Supreme Court to make sure the JCB undergoes meaningful reform.

There's no reason to believe the JCB won't fail again unless the justices step in. And I have real concerns that unless they do, the JCB is going to return to doing what it does best: ignoring real corruption and looking to kick only the most unpopular judges off the bench.

My fears stem from listening to some knowledgeable and sensible people make excuses for the JCB. Some of these folks claim the JCB is simply being used as a scapegoat for what happened in Luzerne County.

Right now the JCB has gotten knocked around in the press and by the ICJJ. But other than that, there have been no repercussions at an agency that was alerted to the worst judicial scandal in Pennsylvania history almost four years ago and did nothing.

Full Editorial and Source:
PA Supreme Court Shouldn't Let JCB Off the Hook

Overseeing the Overseers

Santa Barbara County has its share of conservator abuse. It's important that more people are aware of this issue, and volunteer to oversee the care of our elderly.

For example:

—In 2006, a judge granted a conservator the right to purchase shares in 40 percent of a Montecito estate at way below market value.

—A judge granted a conservator, and the conservator’s network, $150,000 from an elderly woman’s estate, thus rewarding what the conservatee’s caring friends and relatives considered unscrupulous actions—in particular, pressuring the conservatee to undertake unnecessary home improvements.

—Conservators often support the use of heavy-duty pharmaceutical drugs with serious side effects to sedate their wards.

—Conservators also may place their wards in rest homes that give little therapy, exercise, healthy food, or kind treatment. So it's no wonder the health of their wards is declining, and they end up dying prematurely.

There may be good conservators out there, but the problem is that power and money tend to corrupt people. That's just human nature. There has to be a better paradigm or concept to help our elderly in need.

To find out more about elder abuse by conservators, one can go to the National Association to Stop Guardian Abuse (NASGA) website at stopguardianabuse.org.

Full Editorial and Source:
Overseing the Overseers

Advocates Vs. Administrator

Elder advocates are seeking to remove Public Administrator Lynn EnEarl from guardianship of a woman they say could be living on her own.

The case of Shirley Hicks was heard by Judge Michael Gibbons on Monday afternoon.

The judge agreed that priority should be given to getting Hicks moved from the elder care facility she is in and moved to a less restrictive place. Gibbons said he would address the guardianship at a hearing on Monday.

Source:
Advocates Versus Administrator

Audit Alleges Mismanaement at CA Health Dept.

The California Department of Public Health didn't fine hospitals and nursing homes as much as they could have for health code violations and overstated an account of collected fines by nearly $10 million, an audit has found.

The California State Auditor's report released Thursday spans nearly a seven-year period and reflects a broad pattern of inattention to good accounting practices at the state department.

"We've got some fundamental issues with the department, so they need to strengthen their budget staff and accounting staff," said state auditor Elaine Howle.

Noting reports released within the last week that discovered lax reporting and flawed accounting with CDPH's Every Woman Counts program, Howle added, "We're starting to see the same problems across the department's programs."

Full Article and Source:
Audit Alleges Mismanagement at Calif. Health Department

Danny's Diary

In the aftermath of the “Final Hearing”, I’ve been left with picking up the remnants of my life to piece it back together. The one glaring result is that this conservatorship did anything but conserve my estate. But that was never the intention of my “conservator”, his attorney, or this court.

And “saving my life” was accomplished by the grace of God and despite the malicious actions of a jealous brother, a crooked lawyer and a incompetent judge. They blew through my estate faster than a court room full of crackheads.

Another issue that is obvious is that the “Final Hearing” was anything but final. It was merely a dog & pony show that the court put on to appease the Free Danny Tate supporters and the press that was present. The adversaries thought this would make “it” and “us” all go away. I believe that will not be the case. The Judicial Code states that courts should welcome public scrutiny. Such is not the case with this court. It loathes public scrutiny, for in it crimes are committed on a daily basis. By those that have been given authority to protect the interests of “we the people”. In this probate court lawyers line their pockets with the earnings of hard working men and women who are left subjected to a judge who, at the least, ignores the law by which he has been appointed to govern, not to mention he is supposed to be elected, but that has never truly happened.

Last week the ratings of corrupt states came out in the press. Tennessee ranked #1. I believe this court represents that corruption. And it will continue unless its officers are brought to accountability. What continues to disturb me is that those who hold lawyers and judges accountable, such as the Board of Professional Responsibility and the Tennessee Court of the Judiciary, seem to be more interested in protecting errant lawyers and judges instead of protecting the citizens from them. Than again, what should we expect in the state that ranks #1 in corruption.

Governor Bredesen, you have remained silent through this entire ordeal. I hold you accountable and believe this will define your legacy.

We are at a unique time in history when public outcry over corruption amongst elected officials is at a fevered pitch. We are tired of wolves in sheep’s clothing. Crooks and liars are the cooks and fryers in the kitchen of our lives. It’s time for a house cleaning. The founding fathers are turning in their graves. The patriots who rose up against tyranny must be preparing for a rapture. In the midnight hour of our history, I would like to think their ghosts are plotting a coup.

Source:
Free Danny Tate!!!

See Also:
NashvilleCriminals.info

Facebook: Justice for Danny Tate

Facebook: Friends for Danny Tate's Defense

Texas Public Hearing on Jurisprudence Tomorrow

COMMITTEE: Jurisprudence

TIME & DATE: 1:00 PM, Thursday, June 24, 2010

PLACE: E1.016 (Hearing Room)

CHAIR: Senator Jeff Wentworth

The Senate Jurisprudence Committee will hold a public meeting to discuss the following interim committee charge:

Charge 2) Study the guardianship program implemented by the Department of Aging and Disabilities and the Department of Adult Protective Services, including the efficiency and effectiveness of the program, the relationship between the two agencies, the appropriate rights for parents, and whether clients and their assets are adequately protected.

Source:
Senate Special Hearing

Recomended Website: NashvilleCriminals

STOP THE COURT SYSTEM ABUSE

This site will remain in effect until the Davidson County, Nashville, Tennessee Courts begin to restore their own credibility. An informed public can force the change.

Evidence clearly demonstrating the criminal conduct of various citizens and attorneys and sanctioned by a specific judge will be posted. You decide if this criminal and unethical conduct should continue.

If you don't like what you see, join me in effecting change.

Source:
NashvilleCriminals.info

See Also:
Facebook: Justice for Danny Tate

Cobain Trust Fund Loses $8Mil

Frances Bean Cobain, the sole child of Kurt and Courtney Love Cobain, is at the center of a mother- daughter conflict involving millions of dollars in lost trust fund money, violence, private meetings and “super lawyers” from both California and Washington states.

Love lost legal custody of her 17-year-old daughter on Dec. 11 for undisclosed reasons. Since then, Frances has been under the co-guardianship of Kurt’s mother, Wendy O’Connor, and his sister, Kimberly Dawn Cobain. In January, in a separate matter from the guardianship, the trustee over Frances’ trust fund, filed to remove Love from her daughter’s trust fund and replace her with O’Connor .

The trust fund litigation is separate from the Los Angeles-based guardianship proceeding. The trust fund was created in Seattle, King County, Wash. in 1997 after Frances’ father Kurt, the former lead singer, guitarist and songwriter of Nirvana died in April 1994 without a will.

Frances is the trust’s sole beneficiary but Love has a responsibility to review expenses and disbursements before they are paid out by the trustee of the Frances Bean Cobain Irrevocable Trust Fund. She also has the right to review financial statements and to act as an adviser regarding the management of the trust, but after statements revealed that the trustee, Laird Norton Tyee Trust Company, lost $8 million of Frances’ money in 2008, Love stopped receiving financial statements, her attorneys say.

Full Article and Source:
Cobain Trust Fund Loses $8 Million

Elderly Woman Evicted From Home Ruled Incompetent

Eleonore Berg was scheduled to be in court Wednesday morning for a competency hearing in front of Judge Frances King. But the 85-year-old woman only made it as far as the security checkpoint at the courthouse.

Thinking the guards might confiscate her purse, Berg declined to hand it over to be checked.

Apparently, since her longtime home at On Top of the World had been taken away, and most of her belongings had been put in storage, she was fearful of giving security personnel one of her last items of value.

Berg’s guardian, Olivia Baird, had to return the elderly woman to her assisted living facility, then come back to King’s courtroom to hear the verdict.

Not long after the 9:30 a.m. hearing in Courtroom 4B, King ruled that Berg is incapacitated, and appointed Baird as her permanent guardian.

Berg initially had been under court guardianship, but when it was discovered she did not meet one of three criteria, her case was turned over to private guardianship.

That is when Baird stepped in, along with others, to try and help Berg retain her two-bedroom, two-bath home in the retirement community off State Road 200. The home had gone into foreclosure after Berg ceased paying monthly homeowner’s association fees of $397 per month, for about two years.

Full Article and Source:
Elderly Woman Evicted From OTOW Home Rules Incompetent

Medical Whistleblower to Present at US Social Forum 2010

Medical Whistleblower is proud to be a presenter to the US Social Forum 2010.

Come see us on June 24 and 25 at 10 AM-Noon

Cobo Hall - Detroit, MI

If you can't join us in person - please join us by radio talk show.

My Blog Talk Radio show can be heard three different ways:

1) Call in by any phone - here in the USA or abroad

2) Streaming audio from the website
http://www.blogtalkradio.com/medicalwhistleblower

3) Download archive mp3 file from the website after the broadcast.

US Social Forum - Medical Whistleblower Advocacy Network

Date / Time: 6/23/2010, 9:00 PM -10 PM and also 6/24/10, at 9 PM -10PM

Call-in Number: (347) 857-4599

Source: Medical Whistleblower

Teens Benefit from Helping Ailing Grandparents

When we consider the care of a family member with memory impairment, we often think of adult children and elderly spouses as the key players in the caregiving. Younger family members often go unrecognized for their role in this journey.

Including younger family members in the caregiving journey creates lasting memories and teaches life lessons about the value of life, health and family ties.
Intergenerational projects help shed light on this sensitive topic of educating young people about Alzheimer's disease and dementia.

The scholarship program offered by the Dubin Alzheimer's Resource Center and Magnolia Court is one way our community reaches out to young family members. The stories high school seniors write in their applications are full of inspiring lessons learned through their experiences in caring about an older family member with memory impairment.

On May 25, the Dubin Alzheimer's Resource Center awarded scholarships to Kelsi Coffman and Rachel Lundgren, graduates of the class of 2010. Each wrote a touching narrative about her family's experiences caring for a grandmother with dementia.

Full Article and Source:
Teens Benefit From Helping Ailing Grandparents

Michigan: Bills Would Help Keep Golden Years Golden

We’ve all heard the stories.

Greedy relatives or covetous “friends,” who claim to be caring for an older loved one, stripping bank accounts and using a lifetime of savings to their own personal advantage.

According to a study published in “Clinical Geriatrics,” the clinical journal of the American Geriatrics Society, persons over 50 control at least 70 percent of the nation’s household net worth and they are frequent targets for exploiters.

Victims are typically female, frail and mentally impaired; 75 percent are between the ages of 70 and 89.

Michigan Legislature currently has before it a package of bills that would protect Michigan’s 1.7 million older adults from financial abuse.

The four bills would:

• Require training for financial institution staff on financial exploitation, how to spot suspicious activity and how to report suspicious activity when detected.

• Expand the definition of abuse of vulnerable adults to include financial exploitation.

• Require financial institutions to inform account holders and provide written disclosure of the rights of joint account holders, so that those allowing access to their funds understand that joint account holders have the legal right to use the account and funds contained in it as if it is their own money.

• Require courts to consider appointment of a conservator if a person under a guardianship has assets of more than a certain limit ($10,000). This is to prevent potential financial exploitation through a guardianship.

Full Article and Source;
Bills Would Help Keep Golden Years Golden

Locked Away in a Facility, Isolated

Robert is a strapping young man, 6'5" tall, dark, and handsome. But Robert was alone in Missouri - and being bi-polar- soon found himself a victim of the system. We were not told of the original guardianship hearing. Now I am trying to free my brother from the Missouri system of guardianship by a public administrator and the nursing home they have imprisoned him in. The guardian would not allow my brother to have contact with his family or friends.

For seven long years, no one was allowed to know were Robert was or how his health was. This grieved our mother for five years to the point of a complete break-down. Our mother went into a Mississippi hospital with a mental break-down, and they killed her. Because the guardian wanted half our mother's money, we finally got to know where in Missouri my brother Robert is located.

However, I am not being allowed to visit Robert or help him in any way. The guardian has imprisoned him in a nursing home since he was around 40 years old. Shortly after he graduated the Missouri University in Columbia with a Master's Degree in Business, Robert began an internship at NAMI-National Alliance on Mental Illness. Then Robert just disappeared from his apartment and job.

Robert has been locked away in a facility where the care is inadequate and abusive. Robert is now going to be 47 years old. I know that his mental and physical health have been compromised by both the guardian and the nursing home. It has been nearly three years since I found my brother. Alarmingly, the corruption in Missouri is so overwhelming prevalent, I have not been able to help my brother. And to prevent me from even giving Robert hope, he is denied visitors, mail, and phone calls are restricted both incoming and out going.

Robert is a kind and gentle man and is very concerned with others and their happiness. Robert has something he can offer to society and humanity; we all lose because he is hidden away left to stagnate and rot.

Source:
Robert Sanders

Another Caution About Psychotropic Drugs and the Elderly

Older patients (>=70 years) who are on antidepressants or antipsychotics have an increased risk of mortality, according to an analysis of deaths during the tragic August 2003 European heat wave, researchers said here at the Annual Meeting of the American Psychiatric Association (APA).

"We believe this study suggests that during heat waves doctors should carefully assess the risk/benefit ratio of psychotropic drug use in older people," said Clementine Norden, MD, Sainte Ann Hospital Center, Paris, France, during a poster presentation on May 24.

"Our findings suggest that a causal relationship may exist between psychotropic drug use during a heat wave and increased risk of death in older people," she said.

Full Article and Source:
Older Patients on Psychotropic Medications at Increased Risk of Death During Heat Waves: Presented at APA

Danny Tate Court Hearing Video

Source:
YouTube

Danny Tate Tagged With 'Freedom Tax'

The degree to which appearances can be deceiving seemed apparent June 11 in a Nashville courtroom when the 32-month "temporary" conservatorship (guardianship) of musician Danny Tate was once again the topic with Davidson County Circuit Court Judge Randy Kennedy presiding and the costs associated with Tate's "freedom" at issue.

On May 24, before a courtroom full of Danny Tate supporters and a television news team, Kennedy appeared to terminate a temporary conservatorship in place since October 2007 that gave David Tate control over his brother's person and property. In the court record, Judge Kennedy stated that David Tate was to “immediately return any and all property of Mr. Tate which is in the Temporary Conservator’s possession or under his control.” Kennedy’s ruling was designated nunc pro tunc allowing David Tate the capacity for corrective action pertaining to any transactions he conducted while acting as conservator during a 60-day period in which he has to prepare and submit an accounting.

While appearing a victory for 54-year-old Danny Tate, the "devil" truly is in the details. A proposed final order along with a series of other filings by David Tate and attorney, Paul T. Housch, within days of the proceeding seemingly contradicted the provisions and spirit of the May 24 ruling to the point of portending that all might not be as it seemed.

Despite Tate attorney Michael Hoskins promptly preparing and submitting for Judge Kennedy's signature a final order reflecting the "immediate" nature of the ruling so publicly pronounced on May 24, Danny Tate learned late June 10 that the judge instead appeared to have quietly signed and filed an alternate final order prepared by Housch, the attorney hired in October 2007 by David Tate and involuntarily financed for 32 months by Danny Tate. In contrast to the May 24 ruling, the order called for the former temporary conservator to maintain functional financial control for 60 days past the "termination" date to "wind down the affairs of the Conservatorship."

Full Article and Source:

Nashville Probate Court Tags Musician Danny Tate With Conservatorship 'Freedom Tax'

See Also:
NashvilleCriminals.info

Free Danny Tate!!!

Man Embezzles From Family, Gets Prison

A man who stole his siblings’ inheritance was sentenced to two years and eight months in prison earlier this week.

Stephen Beal Berg must also pay his family $297,000 in restitution, a Napa County Superior Court judge ordered.

In April, Berg pleaded no contest to embezzlement and forgery after he used loans to siphon money from his mother’s estate following her death in August 2006.

He faced up to five years and eight months in prison. Attorneys agreed to the nearly three-year sentence.

Full Article and Source:
Man Embezzles From Family, Gets Prison

Equal Opportunity Defalcators

Arizona’s highest court has tasked a committee to review the status of probate court with a mind toward identifying improvements. See Yet another court committee to look at guarding the guardians.

But as if another indicator was warranted of the need for improved judicial oversight of those hired to protect the vulnerable, there’s the case this month of the now disbarred New York lawyer, Steven T. Rondos. See Mtr of Rondos; Grievance Committee.

On Tuesday, May 4, 2010, Rondos, who before being disbarred, had served as a legal guardian of incapacitated wards, was sentenced to a stretch of 5 to 15 years in prison for stealing more than $4 million from the settlement monies that belonged to 23 vulnerable wards whose physical and financial affairs he was supposed to be managing and preserving.

When it comes to temptation, defalcation is an equal opportunity offense. It can afflict not only lawyers, but the public guardians and the private professional guardians.

Sadly, the temptation to embezzle also worms its way into caregivers, including friends, family members and strangers hired by the hour. But when lawyers fall prey to human avarice and exploit their wards, the betrayal weighs most egregiously.

Not the first nor the last.

Steven T. Rondos is not the first lawyer nor will he be the last to get in trouble for financially abusing vulnerable wards. In fact, in January of this year, Matthew Terry Graff, a former southern Utah lawyer was sentenced for stealing from clients, In Graff’s case, it also involved taking settlement money that wasn’t his. Graff got his mitts on settlement money belonging to two men who had lost their wives in a plane crash.

And just last month, a Virginia man, Troy A. Titus, Real Estate Investor, Disbarred Lawyer was sentenced to 30 Years for multiple fraud schemes and misappropriating over $10 million, including funds given to him by elderly or incapacitated clients who provided him with income intended to be held in trust. And it was just a few years ago, that Michigan lawyer Richard McQuillan was sentenced to six to 10 years in prison for embezzling some $800,000 from the estate of a long time client.

The real cost.

But beyond the human cost involved when fiduciaries exploit wards, the real cost is the consequential one once all the ward’s money is gone. That’s when the wards are left for the state to take care of. And who pays for that? We do.

Full Article and Source:
The Irreverent Lawyer: Equal Opportunity Defalcators

Federal Charges Against Man Accused of Defrauding His Grandparents

A New York man was charged in federal court with defrauding his elderly grandparent in Greenfield of more than $250,000.

Michael Ostrowski, 41, of East Patchogue, N.Y., was charged in an indictment with conspiracy to commit mail fraud; mail fraud; interstate transportation of stolen property; receipt, possession, concealment and disposition of stolen property that crossed a state boundary; engaging in a monetary transaction in property derived from unlawful activity; and failure to file an income tax return, according to a press release from the U.S. Attorney's Office and the Boston office of the Internal Revenue Service.

The indictment alleges that Ostrowski's grandparent lived in Greenfield until June 2006. After that, the grandparent, who was identified in a Department of Justice press release only as S.O., lived primarily in hospitals or nursing homes in Massachusetts.

According to the press release, Ostrowski faces the following maximum penalties: five years imprisonment on the conspiracy charge; 20 years imprisonment on the mail fraud charges; 10 years imprisonment on the stolen property charges and the monetary transaction charge; and one year imprisonment on the tax charge. There would also be hefty fines for each conviction.

Full Article and Source:
Officials: Grandparents Defrauded

When Guardianship Goes Wrong

A recent Associated Press article describes the legal ordeal of 54-year-old Nashville songwriter, Danny Tate, who fought to regain control of his life after being declared incapacitated. The apparently ill-conceived guardianship process in Tennessee that wrested Tate’s financial, medical, and legal rights from him underscores the value of Vera Institute’s innovative Guardianship Project.

In 2007, a judge declared Tate mentally disabled and appointed his older brother, David, as his conservator—Tennessee’s term for guardian. Danny—whose costly crack addiction led his brother to petition the court—was neither present nor represented by a lawyer at the hearing that gave David the power to make his medical, financial, and legal decisions. Danny maintains that despite his drug addiction—which he has since overcome—he has always been capable of managing his own affairs. Three doctors reached the same conclusion, leading the judge to restore Danny’s constitutional rights in late May after a two-and-a-half year legal battle that drained his once-sizeable estate.

The Tate case exemplifies guardianship’s ethical complexities and where it can go nightmarishly wrong. The appointment of a guardian—whereby a court transfers decision-making power to a third party—should be made only when a person is truly incapacitated. It is crucial that the alleged incapacitated person be properly represented by counsel in court, and that the court follows an exhaustive process to determine his or her level of capacity, if any.

The Guardianship Project, where a team of lawyers, accountants, and social workers handle each court-appointed case, is a cost-effective solution to flaws in many existing guardianship systems—including that of New York State, which has no public guardianship program. This model of institutional guardianship marshals an array of resources to serve the best interests of clients that a private guardian cannot, and every effort is made to evaluate whether or not a guardian will be beneficial to a client.

Full Article and Source:
When Guardianship Goes Wrong

'The Sociopath Next Door'

[Dr.] Stout says that as many as 4% of the population are conscienceless sociopaths who have no empathy or affectionate feelings for humans or animals.

As Stout explains, a sociopath is defined as someone who displays at least three of seven distinguishing characteristics, such as deceitfulness, impulsivity and a lack of remorse.

Such people often have a superficial charm, which they exercise ruthlessly in order to get what they want. Stout argues that the development of sociopathy is due half to genetics and half to nongenetic influences that have not been clearly identified.

Source:
From Publisher's Weekly (Amazon.com)

World Elder Abuse Awareness Day Press Release

FOR IMMEDIATE RELEASE:

The Protection Racket – You Can Steal More With a Pen Than a Gun!

Picture this - a knock on the door - the police are there to remove you; and you don't know why; you're not a criminal!

By the time you find out why, you are no longer in control of your life, liberty or property; you can’t even hire a lawyer without money.

Not until after your assets are seized and secured by an unlawful court order which you knew nothing about, do you get notice telling you to come to court for a hearing.

That’s what happened to NASGA member musician/songwriter Danny Tate in 2007 when the nightmare scenario described above came true when he found himself in the longest “temporary” conservatorship we’ve ever heard of, with no way out.

After an almost three-year battle, he was recently freed. Why? Because the money ran out and the lawyers will not work for free!

So much for constitutional due process, civil rights, human rights, life, liberty and happiness! What happened to NASGA member Danny Tate can happen to anyone! On this day of World Elder Abuse Awareness, NASGA presents the case of Danny Tate – an able-bodied man in his early 50’s, capable of speaking up and fighting back – who was, however, driven to the brink of bankruptcy by his court-appointed “protectors.” Many of the elderly don’t have Tate’s strength, voice, nor his connections in the music world – imagine how many are abused, their estates plundered, while they are forced to suffer in silence.

The protection program as presently operated across the states has now become "THE PROTECTION RACKET"! That's why NASGA asked Congress to intervene (even before we learned about Danny's story): www.AnOpenLetterToCongress.info.

81-Year-Old Man Wins His Freedom, $500K Later

We interrupt the sad story of Marie Long – where fully a dozen lawyers were in court this week , gearing up to fight the old lady's attempt to get some of her money back – to bring you the tale of another person protected by probate court.

This one, an 81-year-old man who is on the hook for $500,000 in legal fees – more than half of that for a lawyer who spent most of his time fighting the old guy's wishes.

Some of you may recall R.B. Sleeth, whose battle with his son over his desire to marry his girlfriend ate up more than a year of his life, including 10 weeks in a lockdown Alzheimer's unit -- never mind that he didn't have Alzheimer's.

R.B.'s battle began in December 2007, when his son Mark stopped his wedding to Marge Foley and petitioned to become his father's guardian and conservator. Mark contended that Marge, then 73, was a gold digger and that his father had long ago asked Mark to assume control should he become mentally incapacitated.

Marge and R.B. battled Mark through 2008, culminating in R.B.'s 10-week stay in a lockdown unit. Marge claimed that R.B. was being overmedicated and that Mark was trying to cut her out of R.B.'s life, against his wishes. Mark claimed that Marge was freeloading and taking advantage of his father's fragile condition.

In December 2008, Commissioner Richard Nothwehr sided with Mark, lauding his “love and affection for R.B.” but removed him as guardian anyway, saying that keeping R.B. and Marge apart wasn't in R.B.'s best interest. Mark retained control of his father's finances.

In February 2009, Jane Anne Geisler, an independent guardian, was brought in and R.B. was weaned from an array of medications, including a powerful anti-psychotic. One month later, he was sprung from assisted living, married Marge and returned to his Paradise Valley home to find the house a mess, his utilities cut off due to non payment of bills and his $1.4 million net worth reduced to “virtually zero,” court records say.

In October, the guardianship was terminated as doctors pronounced R.B. “mentally and physically stable”. It seems R.B. never had dementia, just an overabundance of medication.

By then, court records show that Mark had already relinquished control of R.B.'s money amid discoveries that the older man had a stack of unpaid bills and his long-term care insurance had lapsed. One of the conditions of Mark's stepping aside: no talking to the media (read: me) about what was going on.

I understand why, especially after seeing some of the 2008 and 2009 e-mails that have recently come to light in court records.

The nasty ones from Mark about how he despised his father – not exactly the picture of “love and affection for R.B”, as described by Commissioner Nothwehr.

And the ones from Scott Ferris, the attorney for Mark while he was R.B.'s guardian, trustee and conservator. I particularly like the one Ferris sent to Mark and others the day after I wrote about R.B.'s plight in December 2008 – a few weeks before Mark was removed as guardian.

“After considerable thought yesterday and today, I am more convinced that the best approach to the current financial circumstances is to liquidate everything in the Conservatorship and the Trust irrespective of the status of the current market for any asset,” Ferris wrote. “Use such proceeds to pay all Estate expenses and reimbursement, with the remainder … for all future expenses related to R.B. – period. If that means he is insolvent and must apply to ALTCS, it's not like you did not warn of such circumstances …”

Full Article and Source:
$500,000 Later, an Old Man Wins His Freedom From Probate

State of Georgia Raises Costs of Appeals 567%!

Lawmakers unwittingly have handed Georgia's legal system a knee-buckling case of sticker shock -- a 567-percent increase in the cost of appeals that lawyers and judges say will shut the courthouse door to litigants statewide.

In their haste to raise revenues, lawmakers hiked the cost of copying and preparing a case record for an appeal from $1.50 per page to $10 per page. That means the cost of preparing an appeal with a massive 10,000-page record, for example, just spiked from $15,000 to $100,000. And the less-complicated appeals typically pursued by individuals or small businesses in civil cases now will cost more than $10,000.

Full Article and Source:
Court Fee Hike Staggers Justice System

Governor Christie: New Jersey Judicial System is in Serious Need for Housecleaning

Dear Governor Christie:

You were elected to serve the people by administering a government that reflects the will of the people.

One of the most troubling areas of your administration from a civil rights and ethical standpoint is - the Office of Public Guardian, in conjunction with the New Jersey Probate system. This office is supposed to advocate for New Jersey residents that are developmentally disabled or people over age 60 who are ill or disabled but instead the Office the Guardian with the rubber stamp from New Jersey judges is being used to exploit the Ill, Disabled, and Elderly.

Please see the following three stories linking to three guardianship cases in the state of New Jersey that have been pleading with your office and the Judiciary to stop the abuse in the courts and in the New Jersey Office of the Public Guardian:

Matthew Taylor
Kewal Chopra
My Father, a Vietnam Vet With a Purple Heart, is Having His Estate Stolen by New Jersey's Government

Full Editorial and Source:
Chris Christie: New Jersey Judicial System is in Serious Need for Housecleaning

Disbarred NY Lawyer Faces Grand Larceny

A former lawyer who practiced in Monroe has been indicted on charges that he stole more than $50,000 of a client’s money from an escrow account.

Orange County District Attorney Frank Phillips announced that J. Bennett Farrell, 67, of Brant Lake, NY has been indicted on a single count of second-degree grand larceny. The charge carries a maximum penalty of seven years in prison.

Farrell disappeared from his practice in the Village of Monroe in the summer of 2007, leaving a partially emptied office and abandoning confidential client files.

Misconduct charges were filed against Farrell, including for failing to finish client work, mishandling money in escrow and for failing to properly dispose of the client files. A state appeals court disbarred Farrell in May 2009, although he had surrendered his license the previous December.

Phillips said that between May 30, 2006 and Nov. 8, 2007, Farrell had pilfered $66,000 that had been held in escrow for a client.

Farrell, who surrendered voluntarily, pleaded not guilty, and was released on his own recognizance pending further court proceedings.

Full Article and Source:
Disbarred Lawyer Faces Grand Larceny Charge

Trial Begins in Exploitation Case

Circuit Court jurors began hearing evidence in the trial of Jo Marie Weeks, a Lakeland woman accused of stealing more than $100,000 from an elderly relative with dementia.

Weeks and her husband, Eric Weeks, were arrested in December 2009.

Deputies say the couple drained money away from Jo Marie Weeks' great-great-aunt, Lelia Boyd, who is 89. An arrest report accuses the couple of taking more than $138,000 from Boyd.

She faces charges of exploitation of an elderly person, scheme to defraud, theft and money laundering.

Her husband's trial is scheduled to begin June 21, according to court records.

Full Article and Source:
Lawyer: Jo Marie Weeks Misused Position to Exploit Money From Elderly Relative

Danny Tate, Forced to Pay Brother's Legal Fees

A judge ruled Friday that a Nashville singer-songwriter who was recently given back control of his life still has to pay up.

There was a lot of what the judge called theatrics Friday in the ongoing saga involving Danny Tate's conservatorship. Fans of the man -- who, for many, was an 1980s icon -- showed up in court wearing T-shirts in support of him.

In 2007, Tate's brother, David, was granted control of his life following concerns and evidence of Danny's cocaine abuse. That temporary conservatorship was dissolved in May, but the bitter battle continued Friday with attorneys on both sides fighting about who should be responsible for paying legal fees and other court costs that range in the tens of thousands of dollars.

Danny's attorney said he's on the verge of bankruptcy and should not have to pay his brother's attorney's fees. The opposing counsel disagreed.

In the end, probate Judge Randy Kennedy had the last say, forcing Danny to pay reasonable court costs and attorneys' fees.

Full Article and Source:
Singer Must Pay for Brother's Legal Fees

See Also:
Free Danny Tate!!!

Facebook: Friends for Danny Tate's Defense

Britney Spears Conservatorship Continues

Britney Spears’ dad has had a secret meeting in court to discuss the singer’s conservatorship.

Jamie Spears had a meeting with Los Angeles County Superior Court judge Reva Goetz in chambers on June 3.

According to a report on RadarOnline.com, the top-secret meeting also included Jamie's lawyer Geraldine Wyle, Britney's court-appointed lawyer Sam Ingham, and Andrew Wallet, who along with Jamie is co-conservator over Britney.

Under discussion were the findings of a court-appointed custody evaluator appointed by Goetz.

In California, an evaluation usually happens when there are concerns or unresolved issues surrounding a parent's mental health problems and parental skills that could have a negative impact on a child.

In a legal document obtained by RadarOnline, it was revealed Goetz reviewed and discussed the report with the child custody expert, Britney's dad, and all the lawyers in a chambers meeting that lasted a little over 70 minutes.

Goetz ordered the expert to prepare a report quarterly for the conservatorship, with the first report due no later than September 30, 2010.

The next scheduled status hearing for Britney is July 27, 2010.

Full Article and Source:
Secret Court Meeting Held to Decide Spears' Future

Scott Rothstein Gets 50 Years in the Federal Pen

Former lawyer Scott Rothstein was sentenced to 50 years in federal prison Wednesday for using his Fort Lauderdale law firm to run a $1.2 billion Bernie Madoff-style Ponzi scheme that brought him yachts and sports cars and allowed him to make sizable contributions to Florida politicians.

Rothstein had faced up to 100 years behind bars after pleading guilty in January to two counts of fraud and three counts of conspiracy. The sentence imposed by Judge James Cohn, however, is ten years more than prosecutors requested, and 20 years longer than the term Rothstein had hoped to receive because of his reportedly extensive cooperation with federal investigators.

In a statement, U.S. Attorney Wilfredo Ferrer said that the "rags-to-riches-to-jail saga" of Rothstein, who rose from blue-collar roots in the Bronx to the society pages of South Florida, was a "humbling reminder of what can happen when greed and ambition run amok."

"Today's sentence punishes the defendant for his thievery," said Ferrer, "and hopefully brings some sense of justice to the victims of this massive fraud."

Full Article and Source:
Scott Rothstein Gets 50 Years in 1.2 Billion Ponzi Scheme

'My Mother Goes Before The Judge'

My 95-year-old, 100 lb.- mother has said yes in front of a judge to placing all of her assets in a revocable trust to be drawn up by her attorney and filed with the court next week. The decision came in a dramatic courtroom finale on Thursday.
In November, my mother's long-time attorney had recommended a conservatorship as a solution to the ongoing tug-of-war involving money, power of attorney and farm issues after my bi-polar sister called the police to report my mother had been kidnapped when I took her to lunch without my sister. Since then, I've heard about many similar family incidents where conflict erupts as an aging parent begins to lose it. The ultimate hammer: If you don't hand over this or do that, we'll put you in a home.

A conservatorship, said the attorney, would allow an independent third party appointed by the court to manage my mother's assets thus eliminating money as a point of contention among the three of us. A conservatorship may be set up even though the person is competent, which is my mother's case.

Full Article and Source:
My Mother Goes Before the Judge

Danny's Diary

After the Flood of 2010, which will live in infamy, I’m back at one of the motels I stayed at while “living on the lam” (Court Ordered Hell). Funny, I still move about as if I’m calculating movements based on writs of attachment, etc. I forget I’m free to go wherever. Yet, I still look over my shoulder sometimes, actually often, and measure my words. I’m aware of where the county line is and forget that it’s ok for me to pass over.

It’s taken tremendous restraint to act civilly towards the adversaries in my case. You don’t survive the world I’ve come from by “turning the other cheek”. But these perps are truly cowards and only act brave in the safety of their protection. I’ve seen the fear in their eyes. And they know I’m not afraid. But they are; and with good reason.

Friends, it’s not over and I knew it when the judge said it was. They think this will all go away unaccounted for. Not as long as there is breath within me. I don’t continue to fight for me, I fight for the father of my children and those who have no voice. This fight reaches far beyond my case and it will not be a victory if it doesn’t bring about a reckoning. We have all been put on the national stage to effect a change. We are fighting for the fundamental freedoms provided all of us as citizens of the United States. We are fighting against Big Brother. It’s happening whether you recognize it or not.

Full Article and Source:
Free Danny Tate!!!

See Also:
Facebook: Friends For Danny Tate's Defense

Court of the Judiciary Disciplines TN Judge

The Court of the Judiciary found Cocke County Judge John Bell guilty of ethical violations in his handling of a civil lawsuit.

Presiding Judge Don Ash announced that the panel had decided to suspend Bell with pay for 90 days beginning Aug. 1. The panel also imposed sanctions, including a requirement that Bell complete 42 hours of ethics training over the next three years.

Disciplinary counsel Joseph Steve Daniel concluded his case against Bell with testimony from David Pleau.

Pleau filed a complaint against Bell after the judge waited nine months to make a ruling in a lawsuit over a car crash in which Pleau was involved.

Bell was also accused of having attorney Tom Testerson call Pleau about dropping his complaint and failing to tell others involved in Pleau’s lawsuit that Pleau had a pending complaint against the judge.

Bell testified that he had done nothing wrong and was the victim of a political plot.

Full Article and Source:
Judiciary Panel Finds Cocke County Judge Guilty of Violations

Update on Bob Queener Case

A doctor said this week that state officials have not acted in the best interests of Bob Queener, a 79-year-old Des Moines man with dementia who was removed last December from his home and moved to a locked nursing home ward.

"I think the man has not been afforded an opportunity to live," Des Moines neurologist Michael Jacoby testified during a court hearing about who should be Queener's guardian and conservator.

The battle over Queener's welfare has grown increasingly contentious since news of his family's clash with Iowa's Department of Human Services first appeared in The Des Moines Register in April. Assistant Polk County Probate Judge Ruth Klotz will decide who will have permanent oversight over Queener's affairs.

June 21 is the next hearing in the case, which has focused attention on the difficulties the elderly, their families and the state face in respecting a person's right to remain as independent as possible while also ensuring appropriate care for the person.

Much of the current fight is over the desire of DHS employees to block Queener's niece, Cheri Jensen of Altoona, from becoming his guardian or conservator. Jensen has support from other relatives and from Robb Goedicke, a lawyer appointed by the court to represent Queener's interests.

Full Article and Source:
DHS, Family Disagree on Who Should be Man's Guardian

See Also:
Hearing Set for Queener Case

Former Guardian Gets 6-20 Years

"The 10 commandments, one of ten, says though shall not steal," said Washoe County District Court Judge Patrick Flanagan while sentencing Angela Dottei Friday.

Flanagan sentenced the woman to six to 20 years in prison and ordered her to pay nearly $300,000 in restitution.

The former Washoe County legal guardian stole nearly a quarter of a million dollars from six elderly wards to fund her gambling problem. Those involved in the case say the sentence sends a strong message when it comes to crimes against the elderly.

"The defendant in this case, Angela Dottei was appointed by the court to watch over wards of the state to provide financial responsibility for them because they couldn't do it," said Scott Dugan of the Reno Police Department's Financial Crimes Unit. "She violated the court and a just sentence was handed down."

Some of Dottei's elderly victims were in court during the sentencing. She turned around and apologized to them before being led out of the court room.

Full Article and Source:
Former Washoe County Guardian of Elderly Receives 6-20 Yrs, Fine

See Also:
More Trouble for Former Guardian

Danny Tate Case Not Over by a Long Shot

Despite Davidson County (TN) Circuit Court Judge Randy Kennedy having terminated the temporary conservatorship of Nashville musician Danny Tate, commitment to steps ensuring an outcome as the ruling implied are not yet visible. Instead, the initial conservatorship (also known as guardianship) termination has generated a new wave of financial assaults by the former temporary conservator, Danny Tate's brother David, and his attorney, Paul T. Housch, on what's left of their former ward's estate. Tate and his legal team continue, however, to persevere on and along the way are finding some interesting twists. And as new developments unfold, courtroom observers and other probate case watchers are questioning if the May 24 final hearing was a public relations effort to defuse court criticism and dissuade efforts of a "Free Danny Tate" campaign or was it a ruling based upon fair-minded application of law which, in theory, would disallow legal process and gamesmanship to undermine a legitimate ruling.

David Tate's first motion seeks to divert Danny Tate's BMI royalty payments from the musician and instead have them sent to him as temporary conservatorship despite termination of the capacity. The second motion asks the court to authorize selling of Tate's remaining investment assets, including pension funds, to pay outstanding court costs related to the conservator-initiated legal battle to keep Danny Tate in the conservatorship now deemed as unwarranted. Funds held in custodial accounts for Danny Tate’s two daughters are noted, but not currently targeted with the motion reading the temporary conservator prefers “not to encroach on the custodial amount, unless the Court deems it necessary to pay the aforementioned expenses.”

A separate filing finds attorney Paul Housch asking the court to award nearly $26,000 in attorneys fees for work performed February 24, 2010 through May 28, 2010 which includes preparation of former conservator David Tate's latest motions seeking confiscation of Danny Tate assets - again, seemingly in contradiction to Judge Kennedy’s ruling that terminated the temporary conservatorship. As Michael Hoskins earlier anticipated, the motion also calls for an “Attorney’s Lien in favor of Paul T. Housch, Attorney” to be placed against Danny Tate’s house “to further secure payment of any attorney fees and expenses awarded by the Court in said motion…” Danny Tate's house was severely damaged in the recent Nashville flood such that a forced sale at this time would likely be difficult and disadvantageous to the musician. As a side note, Tate's flood losses also included equipment uninsured due to the temporary conservator's election to discontinue certain insurance coverage.

In a new twist, Michael Hoskins has filed a motion asking the court to charge all costs of legal proceedings and other "discretionary costs" related to the process of petitioning for conservatorship of Danny Tate back to the petitioner, David Tate, the former temporary conservator. He cites Tennessee law which says:

If a fiduciary is appointed, the costs of the proceedings, which are the court costs, the guardian ad litem fee, the required medical examination costs and the attorney's fee for the petitioner, shall be charged against the property of the respondent to the extent the respondent's property exceeds the supplemental security income eligibility limit. If no fiduciary is appointed, the costs of the proceedings shall be charged against the petitioner...

After 32 months of Danny Tate only being temporarily conserved, no fiduciary was appointed, which by this law, directs costs of the proceedings to David Tate.

Full Article and Source:
Nashville Probate Court Still Center of Musician's Conservatorship (Guardianship) Dispute

See Also:
Free Danny Tate!!!

Facebook: Friends For Danny Tate's Defense

Scott Rothstein Asks Judge for Mercy

Lawyer Scott Rothstein sought the mercy of a judge in a letter released Friday, saying he "begged God to help" him as he contemplated committing suicide before returning from Morocco last fall to accept blame for orchestrating South Florida's biggest financial fraud.

Rothstein -- who has pleaded guilty to operating a $1.2 billion Ponzi scheme and could face a life term at his sentencing on Wednesday -- implored U.S. District Judge James Cohn to consider "giving me an opportunity to live at least part of the remainder of my life as a free man, with an opportunity to do some good in this world."

Full Article and Source:
Scott Rothstein Asks Judge for Mercy

Judge Lindsey Ellis Plays Judicial Immunity Card

Retired Maricopa County Superior Court Commissioner Lindsay Ellis -- under fire for giving select attorneys a sneak peak at her draft order approving the draining of an elderly widow's life savings -- is asking a Superior Court judge to halt his inquiry into her conduct.

Ellis contends that she can't be hauled into court and asked why she gave favored treatment to one side, the side that wound up with most of Marie Long's money.

Her reason? She has judicial immunity.

Ellis has hired a trio of attorneys who contend that Presiding Judge Barbara Mundell and Presiding Probate Judge Karen O'Connor exceeded their authority in ordering an investigation into Ellis' “alleged improprieties”.

“If absolute judicial immunity means anything, it must mean that a judge cannot be hailed into court and asked to participate in a hearing aimed at piercing the core of her judicial function – the decision and her decision-making process,” attorneys Kevin O'Malley, Paul Charlton and Kiersten Murphy wrote in asking that the court inquiry be cancelled.

Ellis' neutrality has long been questioned in the case of the 88-year-old widow who went from having $1.3 million to nothing while under the protection of probate court. O'Connor twice denied requests to remove Ellis from the case, claiming there was no evidence of bias.

But last month's remarkable revelation that Ellis, through a judicial assistant, communicated with one side in the case has led to a collective jaw drop in the legal community. Her March 15 draft order, ruling that a group of fiduciaries and probate attorneys were justified in collecting nearly $800,000 from Marie, was sent only to those who stood to benefit from the ruling. Attorneys for Marie and her sisters didn't find out about the improper “ex-parte” communication until mid May when attorney Brenda Church finally disclosed Ellis' e-mail and her reply, suggesting several factual changes.

The revelation prompted O'Connor to immediately transfer this hot potato out of probate for a hearing into Ellis' conduct. Mundell, in turn, quickly tossed it to Judge Robert Budoff, who ordered everyone involved in the case – including Ellis -- to his courtroom on June 7.

Full Article and Source:
Judge Ellis to Superior Court: Bite Me"

See Also:
Judge's E-Mail Raises Eyebrows

Pharmaceutical Pinball

NO MATTER HOW MUCH YOU SCORE, YOU STILL LOSE!

There's a pervasive (but false) idea in western medicine that the more pharmaceuticals you take, the healthier you'll get. That's how pharmaceuticals are marketed, in fact: Take these pills if you want to be healthier!

If you take one pill, the ads claim, you'll have a healthy heart. Another pill gives you healthy moods. Yet another pill claims to give you healthy bones... or pancreas function... or blood pressure.. or even a day-long erection. If you believe all this, it stands to reason that the more chemical pills you take, the healthier you'll become, right?

But hold on a second. Think of the people you know who are taking five, ten or even over a dozen medications. Are they the healthiest people you know?

Probably not. Not by a long shot. In fact, if you really look closely at this issue, you'll find that the more pharmaceuticals you take, the WORSE your health becomes.

Full Article and Source:
Pharmaceutical Pinball

Note: Artwork concept: Mike Adams; Art: Dan Berger

What Motivates Whistleblowers

As Big Pharma has gone to the Justice Department woodshed lately--and come out with some record-setting settlements of off-label marketing claims--we've heard about the whistleblowers who often get those Justice investigations going, by suing over misbehaviors at their own companies. Specifically, about the cash they get when they share in government settlements, as the whistelblower law provides.

But a new study in the New England Journal of Medicine finds that the money isn't what motivates most whistleblowers to begin with, and the final payment may come only after severe upheaval in a whistleblower's professional and personal life.

So if their impetus wasn't money, what was it? Integrity, for one. Fear of legal consequences for themselves, personally, if they participated in what they saw as fraudulent behavior. And worries about how off-label use of drugs could hurt patients' health. Many said they protested internally first, filing suits only after those efforts didn't work--or even backfired.

As they pursued their whistleblowing, these folks often spent so much on legal fees that their marriages and personal finances suffered. The stress may have triggered panic attacks, insomnia, shingles, psoriasis, autoimmune disease and so on.

Full Article and Source:
NEJM: Wherefore Art Thou Whistleblowers?

Fight Against Elder Abuse

"Fight Against Elder Abuse"
at the movies, May 28 - June 24



Source:
Aging and Disability in America

Charges Filed in Confinement Case

Madison County Prosecutor Thomas Broderick, Jr., filed nine felony counts Thursday morning against the three individuals accused of confining and abusing 65-year-old Anna Turner and stealing her social security checks and medications.

The charges include criminal confinement, theft, battery resulting in serious bodily injury, exploitation of an endangered adult, financial exploitation of an endangered adult, obtaining prescription by fraud, and possession of a controlled substance.

The Anderson Police Department was alerted to Turner’s situation thanks to a tip Adult Protective Service Director Tom Brown received. Officer Freddie Tevis went to the residence where he is reported to have found Turner locked in a small utility room.

All three individuals made an appearance by video before a judge, where not-guilty pleas were entered. Bonds were set at $100,000 each, full cash.

No further court dates have been set.

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Charges Filed in Anderson Confinement Case

See Also:
Woman Held Captive for Months

End of Life 'Compassionate Care'

MODERN MEDICINE is amazing. We live in an age when lifesaving organs can be transplanted, when intricate surgeries can be performed through an incision the size of a pinprick, when an implanted manmade device can do the body's work. In short, we live in an age when medical marvels can and do occur.

But the unprecedented science and technology available to us today cannot change one fact of life: There comes a time when death is inevitable. Science may be able to force air into a dying person's lungs or pump nutrients into the digestive system. In short, science can prolong the dying process. But is that really what we want from our health care system?

That's a dilemma that is playing out in a New Jersey appellate court, where judges are being asked to determine whether physicians should be compelled to artificially sustain a dying person's life. The legal drama stems from a case at Trinitas Regional Medical Center in Elizabeth where a team of physicians spent more than a year treating an unresponsive patient who was in a permanent vegetative state with multiple organ failure.

The patient could not breathe on his own, eat on his own or respond to outside stimuli. He was being kept alive purely through science. Five different physicians agreed that there was no hope for his condition to improve and that the requested treatment — kidney dialysis — would not change that outcome. But the patient had not stated his end-of-life preferences ahead of time, and his family ordered the life-sustaining treatments to continue indefinitely.

Full Article and Source;
N.J. Court Has Chance to Influence Compassionate End-of-Life Care

Ex-Disabilities CEO Gets Two Years

Ernest Beal knew it wasn’t his calling.

But taking the reins of Your Friends and Neighbors, a company that runs group homes for adults with developmental disabilities, was what his mother wanted before she died, he told an Allen Superior Court judge Friday.

Reluctantly, he headed the company as its chief executive officer per his mother’s dying wish nearly 20 years ago and never intended to harm anyone, he said.

Beal, 57, was sentenced to two years in prison for raiding his clients’ trust fund accounts to help his company make payroll, which included a pair of $300,000 annual salaries for him and his ex-wife. Charged with felony theft last year, Beal was convicted by a jury in April.

The trust funds of Your Friends and Neighbors clients hold money from their Social Security checks, paychecks and other income and are meant to pay for the expenses and care of residents. Over a 3 1/2 -year period, Beal “borrowed” from those accounts multiple times.

Beal testified that the money in the trust funds belonged to Your Friends and Neighbors and not the clients and that he planned to pay the money back with interest. Prosecutors acknowledged he eventually did that, but no payments were made until he was charged with theft last June.

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Ex-Disabilities CEO Gets 2 Years for Theft

TX Senate Notice of Public Hearing

COMMITTEE: Jurisprudence

TIME & DATE: 1:00 PM, Thursday, June 24, 2010

PLACE: E1.016 (Hearing Room)

CHAIR: Senator Jeff Wentworth

The Senate Jurisprudence Committee will hold a public meeting to discuss the following interim committee charge:

Charge 2) Study the guardianship program implemented by the Department of Aging and Disabilities and the Department of Adult Protective Services, including the efficiency and effectiveness of the program, the relationship between the two agencies, the appropriate rights for parents, and whether clients and their assets are adequately protected.

Source:
Senate Special Hearing

Disbarred Atty & Former Office Manager Arrested and Charged

A disbarred Venice attorney and his former office manager were arrested and charged with stealing nearly $1 million from the estate of a North Port woman.

Venice police arrested Raymond Miller, 66, Tuesday and charged him with grand theft for transferring about $941,000 from the estate of Beila Millet into his law firm and personal accounts beginning in 2007.

Miller's office manager, Kathryn Kelley, 52, who worked at Miller's probate and estate law office in the 200 block of Harbor Drive for 30 years, was also charged with grand theft for making many of the transfers, including bonus money to herself, according to the police report.

Beginning in 2007, Miller, as trustee, took control of about $1million from Beila Millet's estate and disbursed about $122,000 to her heirs, according to the report.

But when Millet's stepdaughter, Ann Wacholder, called Miller last year to find out about the remaining $941,000 -- much of which was supposed to go to charities in Israel -- she learned that Miller had been disbarred for mishandling estate funds.

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2 Accused in $941,000 Grand Theft

NJ Lawyer Charged With Taking Client's Money

A Bergenfield lawyer was arrested on charges he used funds from a trust account for his own benefit.

Bergen County Prosecutor John L. Molinelli said that Eugene N. Cavallo, 60, of Clyde Court, was charged on May 17 following an an investigation by members of the prosecutor’s office White Collar Crime Unit.

Molinelli said that members of that unit had received information from the New Jersey Lawyer’s Fund for Client Protection that a victim had filed a claim on Jan. 30, 2009, that Cavallo, while acting as the victim’s attorney, had taken approximately $456,793.67 from an attorney trust account that Cavallo had designated for the victim’s funds, and had used those funds for his own benefit.

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Bergenfield Lawyer Accused of Taking Client’s Money