A Real-Life Judge Judy Gets Smacked Down

When a defendant showed up on a traffic charge, Judge Judy delivered a zinger: "If you drive like an idiot 'cause you're late for work, you're gonna have to pay for it." Then she piled on: "You can see your picture on the headlines of the Seattle Times, stupid young man who shouldn't be driving."

Another defendant recalled that the tart-tongue jurist humiliated and bullied her until she broke down in tears. "She frequently interrupted answers with insults," the woman recalled.

This bullying Judge Judy was not Judge Judith Sheindlin, the tough-talking former New York City Family Court judge who has the top-rated judge show on syndicated television. It was Judge Judith Raub Eiler, her real-life doppelgänger, who sits at a county court in Seattle. Instead of high ratings and rich syndication fees, this Judge Judy's aggressive demeanor earned her a five-day suspension without pay courtesy of the Washington State Supreme Court.

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A Real-Life Judge Judy Gets Smacked Down

More Education to be Required for Indiana Judges

The Indiana Supreme Court issued a new requirement for more education for judges in the state, based on the recommendation of a committee headed by a local judge.

It's one step in a long-range plan to reform the Indiana courts, which Elkhart Circuit Judge Terry Shewmaker said is "one of the most complex judicial systems in the nation."

Shewmaker and Marion Superior Court Judge Mark Stoner serve as co-chairs for the statewide strategic planning committee for court reform. They, along with Montgomery Superior Court Judge Peggy Lohorn, spoke with reporters in Indianapolis.

Shewmaker said the need for change is clear, because our courts are a "19th century agrarian-type system. Now is the time for change," he said.

Stoner agreed. "We're no longer in that culture. We're in an electronic culture ... Indiana is behind the times and the question is how we move ourselves forward."

The first step, issued Wednesday by the Indiana Supreme Court, is to require more ongoing education for judges. Until now, their requirements were the same as attorneys: 36 hours of education every three years, with at least six hours each year.

The new standard will require all full-time judges, magistrates, commissioners and referees to get 1.5 times that much, according to Kathryn Dolan, public information officer for the supreme court.

Chief Justice Randall Shepard said in a written announcement Wednesday, "Indiana judges hold themselves to a high standard. They asked the court to require additional continuing education hours and recommended specific changes to mandatory continuing education requirements. I was pleased to sign the order making the changes they proposed a requirement for Indiana judges."

Full Article and Source:
Plan Requires More Education for Judges

CA: Elder Cases Drop Under AG Jerry Brown

Attorney General Jerry Brown's office has dismissed an increasing number of criminal cases against defendants suspected of elder abuse, while cutting back on surprise inspections to investigate violence and neglect in nursing homes.

A California Watch review of elder abuse prosecutions found Brown's office in sharp contrast with his predecessor, Bill Lockyer, who made such cases a top priority in his two terms. In addition to dismissing abuse prosecutions already in motion, Brown's office has filed fewer new cases per year than Lockyer's office did.

Full Article and Source:
Elder Abuse Cases Drop Under Jerry Brown

PA: Legal Guardians Can't Pull Plug on Mentally Disabled

In a ruling involving a mentally disabled man whose legal guardians sought the power to end his medical care, the Pennsylvania Supreme Court has determined that state law requires life-preserving treatment for people who are not near death and have not refused treatment.

The Alliance Defense Fund and allied attorneys filed a friend-of-the-court brief on behalf of 53-year-old David Hockenberry, who has had acute mental disabilities since birth, arguing that his legal guardians should not be allowed to deny him life-preserving treatment while he is not terminal or unconscious. Hockenberry’s guardians unsuccessfully attempted to deny him temporary life-preserving medical treatment for pneumonia.

“Having a disability shouldn’t be a death sentence when treatable medical complications arise,” said Independence Law Center Chief Counsel Randall L. Wenger, one of more than 1,800 attorneys in the ADF alliance. “The court made the right decision to protect Mr. Hockenberry’s right to live. He is not dying or unconscious, and his life isn’t worthless just because he has a disability that may lead others to view his life as less worthy to live.”

“A person’s value isn’t based on his or her physical or mental abilities,” said ADF Legal Counsel Matt Bowman. “No one should be allowed to decide that a person’s life is not worth saving just because he or she has a disability or medical condition.”

In December 2007, Hockenberry developed aspiration pneumonia. Hockenberry’s guardians--appointed as his legal guardians in 2002 by a trial court--tried to decline his required ventilator treatment to assist his breathing, but the hospital proceeded despite their objection. After three weeks on the mechanical ventilator, he recovered from pneumonia and no longer required the treatment.

Full Article and Source:
PA Supreme Court: Legal Guardians Can't Pull Plug on Mentally Disabled

MN Online Conservator Reporting System First in Nation

Conservators appointed by courts to make financial decisions for adults found unable to manage their financial affairs can now complete their reports online. The new reporting and monitoring system, which was developed and piloted by the Ramsey County Probate Court, is being rolled out statewide as part of a Judicial Branch effort to improve conservatorship oversight.

Source:
Conservator Reporting System First in Nation

Senior Magazine: How to Avoid Guardianship

There are certain things that you want to avoid in your life—such as the plague, an IRS audit, and an earthquake measuring 7.5 or better. You need to add one more thing to the list; a Texas Guardianship.

There are few legal proceedings that are more invasive, embarrassing, costly, and secretive than a Guardianship. There are also few courts where the judge, county employees and attorneys are more cozy than the Probate Court, which has jurisdiction over Guardianships. The problems with the Texas system could fill a very large book. You do not want to get into one if you can avoid it.

Luckily, there are a few precautions that you can take now that will make a guardianship less likely.

Full Article and Source:
How to Avoid Guardianship

H.R. 3040 Passes

"Rep. Baldwin is one of the foremost champions of elder justice in Congress." -- Robert Blancato, Elder Justice Coalition

Blancato was responding to the news that the House recently passed U.S. Rep. Tammy Baldwin's bill to counter crimes against seniors. The Senior Financial Empowerment Act (H.R. 3040) aims to help stop abusive mail, telemarketing, and Internet fraud targeting seniors.

The Democratic congresswoman from Madison has long been an advocate for older adults and cites her experiences with her own grandmother as providing the impetus for wanting to protect them from fraud.

Full Article and Source:
Baldwin Steps Up to Protect Elderly From Fraud

Danny's Diary

History will judge my case as barbaric and antiquated, even for its time.

I write this knowing that my former fiduciary has nothing better to do than read this site, so I use this forum to call him, and his partners in crime, out and educate them to certain Constitutional safeguards and rights such as Freedom of Speech. This court loathes our Constitution. It stands squarely in the way of its wayward purpose. Our Constitution trumps any law, be it written by legislators or made up “willy-nilly” in this court, which happens more often than not. And, by the way, I’ve just paraphrased the Judicial Code. Another little document that seems to be easily ignored in this court.

Yes, history will not judge this court kindly. It will judge it with the same measure of unmeasured mercilessness that it judges. And I hope the citizens of Nashville will wake up and give history a helping hand.

Full Article and Source:
FreeDannyTate!!!

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NashvilleCriminals

Facebook: Justice for Danny Tate

Ex-Lawyer Charged With Embezzling $1 Mil From Clients, Firm

When former attorney Jeffrey Abramowitz was indicted on charges of embezzling more than $1 million from his own clients, the news almost seemed to provide a sense of relief to his former law partner, Mitchell H. Klevan, who told The Legal that he has spent the past 20 months working to undo the damage of Abramowitz's alleged crimes.

Abramowitz, 47, is accused in the indictment of stealing money from clients by lying to them about the settlements of their cases. He allegedly spent some of the funds himself and diverted the rest to a "favored client" and her family.

According to Klevan, the alleged improprieties in Abramowitz's cases were exposed in late 2008 when some of the clients filed lawsuits against the two-lawyer firm and others filed complaints against Abramowitz with the Disciplinary Board of the Pennsylvania Supreme Court.

Klevan said that he changed the locks on the office doors at Klevan & Abramowitz in December 2008 when he first learned of his former partner's alleged thefts.

As he pored over the files, Klevan said that he was "shocked and dismayed" to find irregularities in numerous cases. Klevan said he quickly decided to turn the matter over to the U.S. Attorney's Office, and that he has been cooperating with both the federal and the disciplinary investigations ever since.

"I'm very sorry that Mr. Abramowitz has brought this on himself, but I hope that justice will now be served for all the victims he has harmed," Klevan said.

Full Article and Source:
Ex-Attorney Charged With Embezzling $1 Mil From Clients, Firm

Nursing Home Staffer Arrested

A discrepancy in several patients' trust funds was reported to the Dade City Police by the Heritage Park Nursing Home administrator. Detectives found nearly $4000 missing from four female residents.

Their investigation led to the arrest of Janice Lynn Smith on charges she stole from the residents whose ages are 85,86, 90 and 101.

Full Article and Source:
Nursing Home Staffer Arrested for Draining Funds From Elderly Residents

Huguette Clark (104-Year-Old Heiress) Finances Under Probe

A 104-year-old heiress to a Montana copper mining fortune -- now living in a New York hospital room -- is at the center of a criminal investigation into her fortune and welfare, two people familiar with the probe told The Associated Press.

The Manhattan district attorney's office is looking into how Huguette Clark is being cared for and how her finances are being handled, according to the people, who spoke on condition of anonymity because they are not authorized to speak publicly about the probe.

Clark has been living in hospitals since leaving her luxury co-op overlooking Central Park more than 20 years ago, according to building staff who saw her leave in an ambulance.

Full Article and Source:
Finances of 104-Year-Old Heiress at Center of Probe

Appeal Filed in Smoron Case

The attorney for Samuel Manzo, an heir to the Smoron farm property, has filed an appeal against a New Britain probate judge's ruling that essentially gave Smoron's land and cash assets to three local churches.

Manzo's attorney Barry Pontolillo, filed the appeal this week in New Britain Superior Court.

The complaint states that Probate Judge Walter Clebowicz's July 20 decision was inconsistent with Southington Probate Judge Bryan Meccariello's order to reconsider and rehear the trust application.

Meccariello recused himself from the Smoron case in February after Manzo filed a complaint with the Council on Probate Judicial Conduct.

Full Article and Source:
Manzo Files Appeal Over Farm Decision

See Also:
Smoron Caretaker Sues Developer Over Eviction

Tasered Elderly, Disabled Woman Sues

An elderly, disabled woman who was incapacitated and burned by a police officer’s stun gun has filed a lawsuit against the city of El Reno, Oklahoma, as well as against several of its police officers.

Lona M. Varner, now 87, and her grandson, Lonnie D. Tinsley, filed the federal lawsuit in Oklahoma City. In it, they allege that their civil rights were violated, and that the city has failed to adequately train and discipline its officers.

The incident occurred on December 22, 2009. Tinsley had called 911, requesting a paramedic to check on his grandmother, whom he believed may have tried to commit suicide. When police arrived, Varner was brandishing a kitchen knife from her hospital-style bed. According to the police report filed by Officer Thomas Duran, he “tried talking to Varner and calm her down but nothing would work.”

When other officers entered the room, Duran says, Varner took “a more aggressive posture on the bed,” raising the knife above her head and saying, “If you come any closer, you’re getting the knife.” Duran was afraid that she would injure someone, so he attempted to stun her using the Taser. Only one of the prongs made contact, however, so he told a fellow officer that his Taser was not functioning properly.

Officer Joseph Sandberg then deployed his Taser, rendering Varner incapacitated enough that the officers were able to remove the knife from her hand. Varner suffers from numerous health problems, according to her attorney, including using oxygen and an electric cart to get around, and being blind in one eye.

Full Article and Source:
Grandmother Sues Police Department,Officers Affer Being Tasered

Update on Britney Spears Conservatorship

Back in February of 2008, a conservatorship was created for Britney Spears. One was created for "her person" and one for "her finances." While there are no signs of the conservatorship ending, due to the conservators not filing a petition to end it, Britney herself can ask the judge to end the conservatorship. Before a judge could release her from the conservatorship, he or she would have to decide if Britney is capable of making decisions for herself and her kids.

By all indications, if Britney were to ask the judge to end the conservatorship, they would take it seriously and re-evaluate it.

Full Article and Source:
Update on Britney Spears Conservatorship

See Also:
Britney Spears Conservatorship Continues

Observations of Danny Tate's 8/20/10 Hearing

A Friday hearing once again brought the conservatorship of Nashville musician Danny Tate to the docket of Judge Randy Kennedy's Davidson County probate court. The proceeding addressing Danny Tate's case was enlightening as ever, but prior to his case being called, observing the interaction of Judge Kennedy and the attorneys before him reaffirmed impressions from previous visits to this and other courts of the disjointed relationship between members of the legal industry and the industry outsiders they theoretically serve.

Despite courts being a taxpayer-funded entity supporting a theoretical pursuit of justice, Friday's court schedule illustrated how the court system is a workplace seemingly more attuned to the pursuit of income-generating employment endeavors. Within this environment, legal practitioners oversee the creation, advancement or termination of legal cases. Free markets and conditions that support healthy business enterprises are always a desirable goal. The legal industry's "closed shop" protectionist attitudes along with ever changing, unpredictable interpretations of the law, procedures or rules are why the general public views the legal system with skepticism and those with direct experience may come closer to views bordering on complete contempt.

Judge Kennedy's Friday sessions evidently provide a legal bureaucracy catch-up opportunity. They additionally appear to serve as a probate payday of sorts as attorneys line up to submit to the court legal fee approval requests for services rendered in estate cases. Administrative ease and casualness of process in executing major actions affecting people's property and long-term welfare is something to watch and fear. While distinguishing the good guys from the bad isn't something a court observer can necessarily determine, it's easy to see that process and/or positioning often appear to outweigh any discussions of right and/or wrong.

Entering the courtroom to a view of lawyers amassed and awaiting time with Judge Kennedy is reminiscent of The Godfather scene in which people lined up for an audience with Don Vito Corleone in hopes the Mafia boss would grant a favor or help fix a problem. A kiss to his ring signaled respect and all involved had a tacit understanding that favors received would ultimately prompt future favors being returned. A significant degree of metaphoric ring-kissing indeed seemed the practice at Friday's court session.

Full Article and Source:
Danny Tate's Latest Hearing Provides 'Inside Courts' Teachable Moment

See Also:
NashvilleCriminals.info

Danny Tate Hearing

Facebook: Justice for Danny Tate

At Least 16 Georgia Judges Under Suspicion for Misconduct Since 2008

Since early 2008, at least 16 Georgia judges have resigned or been removed from office either under a cloud of suspicion or after being publicly accused of misconduct. Among them are:

● Clinch County Superior Court Judge Brooks Blitch, who resigned after being accused of overseeing illegal payments to employees and ordering the early release of inmates.

● Woodstock and Marietta municipal Judge Diane Busch, who resigned after being charged with furnishing alcohol to teenagers, stemming from a Christmas party at her home.

● Fayette County Superior Court Judge Johnnie Caldwell, who resigned after being accused of making rude, sexually suggestive comments to an attorney.

● Twiggs County Probate Judge Kenneth Fowler, who was removed for requiring criminal defendants to prove their innocence and having defendants “buy out” of their community service by making deposits into a bank account he controlled.

Full Article and Source:
List of Judges

Financial Abuse of the Elderly: A Detective's Case Files of Exploitation Crimes

I've recently finished reading this excellent book describing how the elderly become victims of financial abuse. The author, Joe Roubicek, was a detective in the Fort Lauderdale Police Department for many years, and he investigated over 1000 cases of exploitation of the elderly during that period on the police force. The book describes some of the cases he investigated and discusses the shortcomings of state laws protecting the elderly from financial abuse.

Roubicek clarifies the differences between exploitation of the elderly and fraud. Exploitation occurs when someone takes advantage of a disabled elderly person to deprive that person of his or her assets. For example, an in-home caregiver might take advantage of her employer's memory deficits to ask for grocery money five times in a single day. Fraud occurs when a "false and deceptive statement of fact induces the victim to give up a valuable item that he or she owns." Fraud laws are written under the assumption that the victim has the mental capacity to weigh information and make decisions. For example, if a roofing contractor takes a deposit for work on a house with quality materials and workmanship and returns to do the job with defective materials, then fraud may have occurred.

Unfortunately, financial elder abuse often occurs in the gray area between the fraud and the exploitation statutes.

Full Article and Source:
Elder Champions

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FinancialAbuseOfTheElderly

Former Financial Advisor Sentenced to 3 Years

Federal authorities say a former North Carolina financial adviser has been sentenced to three years in prison for taking millions from an elderly woman with Alzheimer's disease.

U.S. Attorney George Holding announced Wednesday that 66-year-old Harold Blondeau of Raleigh was also ordered to pay nearly $425,700 in restitution to the Internal Revenue Service, the victim, her trusts, and the charity founded with her money.

Blondeau pleaded guilty last year to investment adviser fraud and tax fraud, for not reporting or paying taxes on the illegal income. He admitted taking nearly $3 million from a then-83-year-old Raleigh woman.

Full Article and Source:
Raleigh Man Receives 3 Years for Bilking Elderly Woman

Elderly Couple Bilked Out of $1.5 Million by Son and Others

The son of an elderly Davis couple and two others have pleaded no contest to stealing $1.5 million from the couple, according to the Yolo County District Attorney's Office.

The son, whose name was not made public in order to protect the victims, the son's ex-wife Jennifer Haskell, and a second man, Marlo Compton, used several ploys to steal the victims' life savings, said chief Deputy District Attorney Jonathan Raven.

The defendants' pleas to multiple theft charges include prison terms and restitution to the victims. The son, Haskell, and Compton were scheduled to be sentenced Oct. 1 in Yolo County Superior Court.

Full Article and Source:
Davis Couple Bilked by Son, Others Out of $1.5 Million, Prosecutors Say

Minnesota: Weak Rules Govern Guardians

Social workers in Aitkin County had a problem: They needed someone to make decisions for three mentally impaired people who could no longer manage their own affairs. So in 2003, the county made a public appeal in the local newspaper.

Paul and Frances Peterson, who had no experience as guardians or conservators, offered their services. What followed was a failure of the state's guardianship system that the county is still untangling seven years later.

Altogether, Aitkin County asked the Petersons to manage the affairs of five individuals, including three men with six-figure bank balances. After one of their wards died, the Petersons continued to write checks on his account, violating a court order and state law. The county had to give another wealthy ward $100 for food because the Petersons did not give him any of his money.

A district judge, who found numerous accounting problems, terminated their oversight in 2008 and subsequently ordered the Petersons to give back half of the $80,500 they paid themselves over five years. But the judge's order is on hold because an appeals court said there were no clear guidelines on how much the Petersons could charge for their work.

To family members and advocates, the inability of the courts to hold the Petersons accountable shows how the state needs new tools to crack down on poorly performing guardians and conservators, who are unlicensed and virtually unregulated in Minnesota.

"There has to be a form of professional standards, regulatory oversight or sanctioning ability," said Roberta Opheim, the state mental health ombudsman. "To me, it's about people abusing their power and authority granted to them for a humane purpose."

Opheim said there's no limit on how many wards a guardian can oversee. Some guardians have as many as 40 people under their control, she said.

Peterson blamed complaints on hostile social workers, difficult family members and the erratic behavior of one ward. He said he and his wife's big mistake was letting "ourselves get talked into doing it in the first place."

William Hohenauer, a former ward who spent four years trying to get his money back, accused the Petersons of raiding his accounts. "They went in and took what they wanted for themselves," he said. "The court let them get away with this."

On June 17, six days after his interview with the Star Tribune, Hohenauer died of cancer. He was still waiting for his money.


Full Article and Source:
Weak Rules Govern Guardians

MN: Tips for Guardians & Conservators Billing

Seems like a lot of negative press lately for guardians and conservators. This recent Star Tribune article on guardians in Aitkin county is the latest. One of the guardianships referred to in the article was recently addressed in a published Court of Appeals of Minnesota opinion, In the Matter of the Guardianship and Conservatorship of Harold F. Doyle. In Doyle, the Court of Appeals examined the issues of: 1) whether a district court can sua sponte (on its own initiative) examine and disallow fees and expenses of guardians/conservators in an annual account (the Court held that it could); 2) whether the court can rely on documents that are not part of the record (the Court held that the district court could rely on the County's Service Fee Policy in deciding the appropriateness of a guardian's fees, since that policy was referred to in the guardianship statute. However the Court held that the district court erred in relying on MAGIC Standards of Practice in it's decision, when those Standards had not been introduced by a party as evidence or authority, and the parties did not have an opportunity to review and/or comment on the Standards); 3) whether the district court properly rejected accounts and disallowed certain fees and expenses (the Court remanded, but gave guidance on what the district court should consider).

After reading the Doyle case, I've put together some tips for Guardians and/or Conservators billing for their services:

1) Determine whether there are Service Fee Policies or similar policies governing payment of guardians in the county in which you were appointed.

2) Review and be familiar with the MAGIC Standards of Practice. While they aren't guidelines that courts can take judicial notice of, they are instructive and are put out by a reputable non-profit organization that addresses guardianships and conservatorships in Minnesota.

3) Always bear in mind that your fees and expenses need to have been rendered for necessary services or necessary expenses for the benefit of the ward.

4) Always keep detailed, meticulous and organized records of your fees and expenses.

5) Save receipts for every expense.

6) Keep detailed time records. Not "worked on ward's case", but instead "Made telephone calls to social security to straighten out mix up with monthly social security check." Etc.

7) Your hourly fee should be in line with what other guardians with your experience are charging for similar cases.

Remember, in the end, it boils down to this: You are a fiduciary for the ward/protected person. It is the ward's money, not yours. At the end of the day you should feel comfortable explaining to the Court why you charged for every penny that you did, and you should have the documentation to support it.

Full Article and Source:
Tips for Guardians and Conservators Billing the Ward for Their Fees and Expenses

Danny Tate Hearing

Nashville songwriter Danny Tate lost his case and his temper Friday. After shouting and arguing with a judge, Tate was escorted out of the courthouse by a court officer.

[Tate's] lawyer said Danny's brother, David, exaggerated the severity of Danny’s cocaine habit and lied in court so he could be named his brother's guardian.

"The evidence is clear that these allegations were knowingly false," Danny Tate’s attorney, Michael Hoskins, told the court.

Kennedy had given David Tate control over Danny's bank accounts, after David claimed Danny was spending $400 a day on cocaine.

The judge ruled the dollar amount of the habit wasn’t that important; he said David Tate was just trying to save his brother's life.

He ruled against Danny Tate, and that’s when the shouting started. After raising his voice at the judge, Tate was told to leave the courtroom. He said later he felt frustrated the judge wasn’t listening to him.

Tate said his bank account has dwindled from $700,000 to nearly nothing after his brother spent money on legal fees and experts. He said he’s living in a horse trailer behind his house in Belle Meade. It was flooded in the May storms.

Earlier this year, Tate won his effort to have the guardianship dissolved. Now his attorney is in court trying to get some of his client’s money back.

Full Article, Video, and Source:
Songwriter Shouts at Judge, Escorted From Court

See Also:
NashvilleCriminals website

Memorandum of Law in Support of Respondent's Motion for Relief From Judgment

NJ Disbarred Lawyers Reported for 2009

The number of formal complaints filed with the state Office of Attorney Ethics increased by 23 percent in 2009, with 233 complains compared to 189 in 2008, according to the office's annual report made public.

As a result, by the time the year was over, 29 of New Jersey's 86,807 attorneys were disbarred for unethical practices, 15 of them by consent.

Another 29 lawyers were suspended, 23 were censured, 26 received reprimands, 40 received admonitions, 25 had their licenses suspended and 2 received license suspensions.

The report shows an 11 percent decrease in the number of attorneys disciplined by the state Supreme Court. The figure was 148 in 2009 compared to 167 in 2008.

The 233 formal complaints stemmed from 1,476 grievances filed with the OAE in 2009, a nearly 6 percent increase over the 1,394 grievances filed in 2008.
The fee arbitration program resolved 1,130 fee matters involving $14.5 million in legal fees.

Here are the 14 lawyers who were disbarred by the Supreme Court in 2009:
Peter J. De Jong, Morris County
Marc F. Desiderio, Bergen
Edward D. Fagan, Florida
Jonathan Friedman, Monmouth
Horatius A. Greene II, Essex
Stanley J. Hausman, Essex
Thomas J. Izso, Middlesex
Russell T. Kivler, Mercer
Richard H. Kress, Union
Gary Lesser, Morris
Laura P. Scott, Bergen
Irwin B. Seligsohn, Essex
Loel H. Seitel, Bergen
Stephen W. Thompson, Cape May

Here are the 15 attorneys who agreed to be disbarred:
Kevin M. Bosworth, Burlington
William N. Chango, Union
Matthew G. Connolly, Hudson
John L. D'intino Jr., Pennsylvania
Jeffrey B. Feinman, Camden
Edward M. Fink, Somerset
Paul J. Hirsh, Morris.
Philip B. Hover, Bergen
Andrew M. Kimmel, Morris
Kurt G. Ligos, Morris
John G. Lynch Jr. Sussex
Sam S. Matthews, Bergen
John J. Montefusco, Morris
Steven T. Rondos, Bergen
Ward S. Taggart, Ward, Burlington
Stanley J. Hausman, Essex

Full Article and Source:
Disbarred Lawyers in NJ Reported for 2009

Nebraska: Wards' Assets Vulnerable

In December 2007, a motorist struck Wilbur Miller as the 78-year-old Omahan crossed the street.

A retired laborer with little money, Miller spent the next two weeks in Creighton University Medical Center, racking up $100,000 in medical bills.

Eventually, attorneys hired by Miller's guardian secured a $100,000 settlement from the motorist's insurance company.

Here's who was supposed to benefit: Wilbur Miller.

Here's who ended up with the money:

-- Miller's guardian, who a judge says improperly took $62,700. She is in the Douglas County Correctional Center, facing theft charges in three unrelated cases.

--Two attorneys, who were paid $33,333 in contingency fees.

The lawyers said they earned the fees. One was quick to note that he had worked on eight other guardianship cases for free.

A national expert said such an arrangement amounts to an informal “barter” system: using money from one case to compensate lawyers for work on other cases.

It's part and parcel of an old-school system in which judges scramble to reward the unsung work of attorneys and guardians, the expert said.

A committee of judges, lawmakers, attorneys and investigators is reviewing Nebraska's guardian-conservator system and is expected to make recommendations in October.

In such cases, judges appoint a guardian to oversee the health and a conservator to oversee the wealth of an incapacitated person, known as a ward. Attorneys shepherd cases through court, filing documents but having little day-to-day oversight of the ward.

Forty-eight states tap taxes and private grants to help pay for the work that attorneys and guardians do for indigent, incapacitated wards like Miller.

Nebraska is one of the two states that have no public guardian office — and no public funding for such work.

Instead, Nebraska judges allow lawyers to collect “reasonable” fees from those wards who do have assets.

“Across the nation, we're seeing the same crises, but we're not seeing the resources devoted to it,” [Brenda]Uekert [a researcher with the National Center for State Courts] said. “It's a tremendously important issue, but it's not an easy one to solve.

“Nebraska is just like a lot of other states: It's got a long ways to go.”

Full Article and Source:
Wards' Assets Vulnerable

'Fleecing Grandma & Grandpa'

Scams and cons can target anyone, but the elderly are particularly vulnerable; Alt and Wells review the various frauds, provide advice for avoiding the traps, and offer guidance for what to do if you or a loved one falls victim.

Source:
Amazon.com

Aging Inmates Straining Prison System

Curtis Ballard rides a motorized wheelchair around his prison ward, which happens to be the new assisted living unit — a place of many windows and no visible steel bars — at Washington's Coyote Ridge Corrections Center.

A stroke left Ballard unable to walk. He's also had a heart attack and he underwent a procedure to remove skin cancer from his neck. At 77, he's been in prison since 1993 for murder. He has 14 years left on his sentence.

Ballard is among the national surge in elderly inmates whose medical expenses are straining cash-strapped states and have officials looking for solutions, including early release, some possibly to nursing homes. Ballard says he's fine where he is.

"I'd be a burden on my kids," said the native Texan. "I'd rather be a burden to these people."

That burden is becoming greater as the American Civil Liberties Union estimates that elderly prisoners — the fastest growing segment of the prison population, largely because of tough sentencing laws are three times more expensive to incarcerate than younger inmates.

The ACLU estimates that it costs about $72,000 to house an elderly inmate for a year, compared to $24,000 for a younger prisoner.

Full Article and Source:
Aging Inmates Straining Prison System

Editorial: CT Probate Court Reform to Yield Big Profits

Although the full effect of reforms to the Probate Court system will not be felt until next year, when the 117 courts will be cut to 54, they already are helping to right its financial troubles.

The archaic, fee-based system was so inefficient that it had lost money for years, requiring a state subsidy to keep it running.

At one point, it had been expected to run out of money last year and to have run up a further deficit of $5 million this year.

Instead, the system’s deficit for this fiscal year is projected to be $820,000 and the Office of Probate Court Administrator is expected to spend $703,000 less than its approved budget.

For the following fiscal year, which starts in July 2011, savings of $2.8 million are expected.

The savings are the result of the 2009 reform law that cut the number of courts, centralized its finances, set judge’s salaries and requires judges to be lawyers and courts to be open 40 hours a week.

The courts have operated independently, setting their own hours and pay based on fees they collected.

They will remain the only courts whose judges are elected.

About half the savings in the probate administrator’s office has come from staff cuts, salary freezes and unpaid days off.

The rest, according to the office, have come from better use of technology and lower operating costs.

The biggest savings will come after January, when the court consolidation takes place.

Cutting the number of judges by more than half is expected to save $2.3 million in salaries and benefits. Consolidation of the courts’ finances — accounting, payroll, audits — will save more than $400,000.

Full Editorial and Source:
Editorial: Probate Court Reform to Yield Big Profits

NC Man Receives 3 Years for Bilking Elderly Woman

Federal authorities say a former North Carolina financial adviser has been sentenced to three years in prison for taking millions from an elderly woman with Alzheimer's disease.

U.S. Attorney George Holding announced Wednesday that 66-year-old Harold Blondeau of Raleigh was also ordered to pay nearly $425,700 in restitution to the Internal Revenue Service, the victim, her trusts, and the charity founded with her money.

Blondeau pleaded guilty last year to investment adviser fraud and tax fraud, for not reporting or paying taxes on the illegal income. He admitted taking nearly $3 million from a then-83-year-old Raleigh woman.

Full Article and Source:
NC Man Receives Three Years for Bilking Woman

Man Charged With Bilking Elderly Man Out of His Entire Estate

A Padanaram man is in the custody of federal marshals on charges that he bilked an elderly widower of his entire estate and tried to conceal the transactions.

Richard C. Souza, 45,was arrested at his home after an investigation by the Criminal Investigation Division of the IRS. He is accused of befriending a local man who had hired him to do work on his roof, then systematically bilking the man (identified in court papers only as "Larry") of everything he owned and then some.

The complaint alleges that from 2003 to 2008, Souza — who had only $20,000 in reported income for the entire period — was soliciting odd jobs doing home repairs. One of his customers was an 84-year-old local man whom Souza befriended.

"In or about 2005, Souza proposed that he and Larry go into business together," according to the complaint, written by investigator Timothy Saunders.

"According to financial records that I have reviewed, when Larry first met Souza in 2004, Larry's net worth was approximately $750,000. His assets consisted of the equity in his house, funds in his investment and bank accounts, and his automobile.

"By 2008, Larry no longer owned his home, his investment and bank accounts had balances of approximately $1,452.58, and he had no automobile. His liabilities, however, had grown to approximately $144,638.77, which was comprised of approximately $52,643.06 in credit card debt and a mortgage of approximately $91,995.71.

"His total net worth was approximately $143,186," the complaint said.

The government has asked the court to seize Souza's property, which includes the house on Seaward Lane; a piece of land in Medway, Maine; two Mercedes Benz automobiles; and a commercial building at 368 Elm St. in Padanaram where Souza once had a real estate office and where his son operated a business dealing in exotic cars.

Full Article and Source:
Padanaram Man Charged With Bilking Elderly Widower Out of Entire Estate

Danny Tate Conservatorship, Part Three

A conservatorship (guardianship) can strip a person of their individual liberty and property rights. While Nashville musician Danny Tate admits his struggle with alcohol and drug issues may at a point have merited assistance, never would he - or most anyone else - have dreamed that such "help" would manifest as the near depletion of his $1.5 million estate and a continued assault on any future prosperity. These, however, are the circumstances directly resulting from a 32-month "temporary" conservatorship petition initiated in October 2007 by his brother David Tate, facilitated by attorney Paul T. Housch and sanctioned by Davidson County Circuit Court Judge Randy Kennedy. For this reason, supporters and friends of Danny Tate along with a growing host of interested parties will be watching an Aug. 20 court hearing in which Tate will ask the court to set aside prior orders that will further diminish Tate's financial position on the basis of "Petitioner David E. Tate's fraud on the court and misconduct throughout this proceeding."

An act of God brought the early May flooding that took lives and destroyed the property of many in Nashville. Danny Tate lost his home and remaining possessions in the flood. Hard as that is, his real challenge is overcoming the acts of three men - David Tate, Paul T. Housch and Judge Randy Kennedy - who under the guise of working "in the best interest of a disabled person" appear to have destroyed the fruits of Danny Tate's past efforts and thwarted his current ability to provide for himself in the manner which well-served him for years. And as legal expenses create mounting debt, the man who once had a solid financial status now has far more limited prospects for future prosperity.

An act of God casts light on the hardships of life, but that's something with which we all have to deal. The acts of this probate court cast a frightening light on the fragility of freedom and property rights across America, and as this case shows, especially in Nashville, Tennessee. Beware.

Full Article and Source:
Musician Danny Tate's Conservatorship: A Case of Caring or Corruption? (part three)

Lynn EnEarl Resigns!

Less than a week after her husband resigned as East Fork Justice of the Peace, Douglas County Public Administrator Lynn EnEarl has resigned effective Dec. 1.

EnEarl, 59, denied her resignation had to do with the recent controversy over her public guardianship.

“No, this is all about family,” she said. “Our daughters and grandchildren live here. It's almost like a job. It takes time to take care of family.”

“Since my husband's retirement, I've been seriously thinking about what is important in life,” she said. “My mother-in-law has Alzheimer's and her health is deteriorating. It's difficult for my husband to take care of her on his own.”

EnEarl said there are some probate cases she needs to complete.

Under Nevada law, EnEarl is required to report on each of her charges' personal and financial welfare to the district court. Senior advocates reviewing the case files said the reports were not completed. EnEarl's attorney, Michael Rowe, said that in some cases the court waived the annual reports, though advocates were unable to find written waivers.

A score of EnEarl's guardian cases are passing through the district courts now to bring those reports up to date. In two cases, wards were placed in more restrictive care facilities than required by their condition.

During one hearing, EnEarl said she didn't meet with her wards because she's not a confrontational person. She was ordered by District Judge Dave Gamble to meet with her charges on a monthly basis.

In some of the cases, the wards said they'd never met EnEarl until they were in court.

Full Article and Source:
EnEarl Resigns as Public Administrator

See Also:
Judge Sets New Tone for Guardianships

Danny Tate Conservatorship, Part Two

Danny Tate's conservatorship/guardianship initially gained attention in part due to his status as a respected singer/songwriter. Upon a closer look, however, the circumstances of his plight raise interesting questions regarding the legal industry (courts and lawyers) and its potential to use probate venues as a vehicle for hijacking the liberty and property of American citizens. For that reason, a Tennessee probate court will once again come under scrutiny at an Aug. 20 hearing with all eyes focused on those most involved with the musician's 32-month "temporary" conservatorship: Danny Tate's former conservator (and brother) David Tate, attorney Paul T. Housch and Davidson County Circuit Court Judge Randy Kennedy.

Danny Tate's Motion for Relief from Judgment, the motion to be heard at the upcoming hearing, describes David Tate's methodical use of a POA to overtake his brother's financial assets. Per the motion, David Tate acknowledged in deposition testimony Danny's protest and disapproval of his actions. Nonetheless, his efforts continued and even expanded as Danny Tate accessed cash by liquidating securities from a Vanguard investment account as the company declined recognizing the POA being used by David Tate. In his deposition testimony, David Tate said: "Had they been restricted (the investment accounts), I would never have filed for conservatorship."

The motion notes that all David's actions were allegedly based upon Danny Tate's rampant drug use though "David never called the paramedics, and never attempted to take Danny to the hospital or to an emergency room." It further states "David felt he was at liberty to confiscate, transfer and spend Danny's money as he saw fit, over Danny's objections, because, in his words, Danny was a 'pathetic crack addict.' Even though, during his deposition, David admitted that Danny was 'coherent' in June 2007." Despite Danny Tate renouncing the POA and asking his brother to find someone else to fill the role, David Tate continued to "exert control and dominion over his assets in spite of Danny's disapproval."

Three months passed during which the motion claims that David Tate wrote checks "to himself, his wife and his company, Signet, In., using Danny's funds." During this time, through deposition testimony, David Tate indicates he decided to file for conservatorship over Danny yet did not visit his brother in Nashville nor make any attempts to have him evaluated.

A conservatorship is no small matter. It can strip a person of their individual liberty and their property rights.

In the petition, David Tate represented that "for the past six months [Danny] has increased his crack cocaine and alcohol substance abuse, with usage of at least one-half ounce of crack cocaine per day and more on some days, at an average of $500 to $800 per day." In the motion to soon be heard, Danny Tate responds with documentation of how these allegations, for instance in April 2007 would mean he spent $15,000 - $24,000 that month on drugs when a bank statement for that month shows he only withdrew $5,500 from his account in a comparable timeframe. Similar analysis follows for the subsequent five months. By David Tate's numbers, Danny Tate was purported to have spent somewhere between $90,000 and $150,000 on drugs yet the documentation provided shows withdrawals of "less than half of the 'low-end' dollar figure alleged in the sworn Petition." And incidentally, David Tate had access to the bank records used for the analysis upon filing his petition.

Indeed, the more one looks at this case, the more questionable it becomes. But the story's far from over. Next up, the ex parte hearing in which the Judge Randy Kennedy's Nashville court sanctioned what appears to be an unsubstantiated litany of charges that were used to hijack an American citizen's personal liberty and property rights.

Full Article and Source:
Musician Danny Tate's Conservatorship: A Case of Caring or Corruption?(part two)

Woman Charged With Elder Abuse, Class B Felony Charges Filed

A Paragould woman was charged last week for the abuse of an adult, which is a class B felony, according the circuit court documents.

Joan Dollins, 44, was arrested June 2 for neglecting her elderly mother, Norma Dollins, age unknown, Det. Rhonda Thomas of the Paragould Criminal Investigation Division said at the time of the arrest.

It was reported she was not taking proper care of her mother for whom she was the primary caretaker, Thomas said at the time.

According to the document, this charge includes abusing, neglecting or exploiting any endangered or impaired person, if the abuse causes serious physical injury or a substantial risk of death.

According to Norma’s probate file, an affidavit to remove Norma from the home she shared with her daughter was filed Feb. 16, stating the home was kept in an unsanitary condition and she was not being cared for in a proper manner. On March 3, Norma was ordered into long-term adult protective custody.

Full Article and Source:
Woman Charged Elder Abuse

Danny Tate Conservatorship

The actions of a Tennessee probate court will once again come under scrutiny as an Aug. 20 hearing becomes the next chapter in Nashville musician Danny Tate's effort to undo the near depletion of his lifelong accumulation of assets and to stop the continued assault on any future prosperity - circumstances directly resulting from a 32-month "temporary" conservatorship (guardianship) initiated by his brother David Tate, facilitated by attorney Paul T. Housch and sanctioned by Davidson County Circuit Court Judge Randy Kennedy.

An awareness campaign moves forward as Tate friend Kevin Montgomery has blogged on Everything you need to know about the Danny Tate case-brilliantly presented by Michael Hoskins., the Friends for Danny Tate's Defense Facebook group remains active and the Free Danny Tate web site continues providing sardonically witty commentary on case players and developments. With Milwaukee-based investigative consultant Ira Robins' compelling presentation of case documents and related information on Nashville Criminals, the side of Danny Tate's case either ignored or previously unaddressed through the Tennessee legal system is at least now available for public consumption. This information should serve as an important warning to an unsuspecting public regarding the full power and potential of probate actions.

The Aug. 20 hearing will largely center on a Danny Tate Motion for Relief from Judgment prepared by his attorney, Michael G. Hoskins, which asks the court to set aside prior orders that will further diminish Tate's financial position on the basis of "Petitioner David E. Tate's fraud on the court and misconduct throughout this proceeding." The motion gives background on a series of visits starting in May 2007 that David Tate paid to his brother Danny who, prior to the conservatorship, lived unassisted in his Nashville home and was completely self-sufficient.

Full Article and Source:
Musician Danny Tate's Conservatorship: A Case of Caring or Corruption? (Part One)

Possible $27m Case of Elder Abuse

An elderly man with dementia remains in the care of those accused of fleecing $27 million from him as the State Government drags its heels.

The Noosa News reported in June that Roger Hack, 80, sold his farm on Noosa Hill for $27 million seven years ago but was now virtually bankrupt.

The whereabouts of the fortune is unknown after being weaved through a maze of trust funds and investments.

Mr Hack’s son, Richard, battled to have his father removed from those in charge of his money, and two months ago the case reached the Queensland Civil and Administrative Tribunal.

Mr Hack would be put in the care of the State Government, it ruled, away from those who had controlled his fantastic wealth.

Full Article and Source:
Possible $27m Case of Elder Abuse

The Judicial System and the Fight for Justice

Who is accountable? Who is immune? How much does it cost to have a chance to win? Or, is the game rigged and the poor (or disfavored) need not apply?

Does it matter who (or what) is right? Or is it a matter of who is on what side and how much money and manpower that side has to create their scenario for the system to consider? A public relations campaign against the word of the little feller?

Sara Harvey has asked for help in presenting her husband’s case to the “judging” system, but to obtain that help — she must have money for a retainer and all the hours that the case might entail. On the other hand, had this been a case that the ACLU might have been interested in — like her right to kill off Gary, rather than fight to keep him alive — would she have been given a free ride? Under those circumstances, would someone else have been willing to pay the bill to get her case represented and out there to create a precedence?

We think this is fair?

Maybe it is time to not only review the politics in Washington — but rather – maybe it is time to review the judicial system that is not always a system that represents justice. Maybe it is time to start protecting our vulnerable.

Maybe… just maybe… it’s time to start getting things right!

Source:
The Judicial System and the Fight for Justice

Grandson and Pastor Accused of Bilking Elderly Woman

Last February, Viola Hunt's family made the decision to put the 81-year-old in a place where she would get extra attention.

"Mom was happy, making friends. She was doing good," Frederick Hunt said of moving his mother to Medco.

But after just a few months there, the family found out her bills were not being paid. McCracken County sheriff's deputies made two arrests in the case.

Hunt's pastor, Charles Dunbar, and her grandson, Josh Hunt, were accused of using their power of attorney over Viola Hunt to steal her money.

Her son and Josh's uncle, Frederick Hunt said his stomach turned at the news.

Full Article and Source:
Grandson and Pastor Allegedly Bilk Elderly Woman

Families Torn Apart by Maricopa Probate Court

Edward Abbott Ravenscroft said his faith helped him in the fight of his life. It was a fight against a guardian who was appointed by the court to protect him.

"It took me a lot of money, effort, 11 different court hearings to get rid of these people, " Ravenscroft said. "Bottom line is, it's all about the money."

The ABC15 Investigators found excessive fees are just one part of a major review into how Maricopa County probate court works.

The State Supreme Court ordered Judge Ann Timmer to head up that investigation.

"Are the fees excessive? Who's looking at that? What guidelines are there out there for judges to be able to be awarding or approving fees?"

These are just a few of the questions Judge Timmer wants covered in the task force reviewing probate court.

In Ravencroft's case, Sun Valley Group of Tempe was appointed conservator.

His attorney, Peter Williams, called the fees "excessively high" and "abnormal" at almost $12,000 a month going to Sun Valley Group and its attorneys to administer Ravencroft's finances.

"That doesn't include any care, any food, any shelter, any clothing, anything along those lines. That's simply the legal process of making sure there's a fiduciary in place. I've never seen a case like this," Williams said.

In another Sun Valley Group case we examined, all of Marie Long's $1.4 million estate was spent on her care. In one court hearing alone, we counted 12 attorneys representing various parties.

The ABC15 Investigators found other areas of potential conflicts of interest after speaking in-depth with many of the families involved. These issues are not part of the investigation into probate court.

For instance, probate attorneys are allowed to fill in as judges including attorneys who work for guardians. They could be making decisions on guardian issues like approving fees.

Another potential conflict of interest involves court investigators who help decide whether guardians are necessary.

The ABC15 Investigators uncovered that a contracted court investigator, Heather Frenette, is also part owner of Sun Valley Group.

Patti Gomes told us that Frenette investigated her mother's case. Then Frenette's company, Sun Valley Group became guardian.

"Everybody just hires an attorney, and they just start billing the estate! And nobody stops it," Patti said. "I mean its bizarreness going on. I had no input at all."

Attorneys claimed Patti's mother had a million dollar estate. Ravenscroft is an heir to Abbott laboratories. He's worth millions.

Full Article and Source:
Families Torn Apart, Financial Ruin and Extreme Toll, All Taking Place in a Maricopa Court

Guardian Files Lawsuit for Ward Allegedly Raped at Hospital Facility

The guardian of a mentally disabled person blames a Belleville hospital for allowing the man to be repeatedly raped at its facility.

A lawsuit was filed July 23 in St. Clair County Circuit Court against St. Elizabeth's Hospital and an unknown person identified only as "Criminal Joe."

The guardian claims he brought the mentally disabled person, who is severely retarded and has the mental capacity of a six year old, to St. Elizabeth's in June 2009 because of behavior problems.

When the guardian dropped the mentally disabled man off at the hospital, St. Elizabeth's promised to provide him with quality care and treatment and assured the guardian it would provide appropriate oversight and place the man into a psychiatric ward, according to the complaint.

According to the complaint, St. Elizabeth's allegedly placed the man into a room in the psychiatric ward with a rapist and failed to supervise the men, the suit states.

The guardian seeks a judgment of more than $200,000, plus costs.

Full Article and Source:
Guardian Claims Mentally Disabled Man Was Attacked in Pyschiatric Ward

Woman Repays Stolen Money and is Freed

A Texas woman who was locked up in December for contempt for refusing to repay $402,000 that she removed from her mother's bank accounts in 2008 was released from Wayne County Jail.

Wayne County Probate Judge David Szymanski ordered Janice Stanton Hines' release after her husband gave her mother's court-appointed conservator a check for that amount.

Stanton Hines withdrew nearly $800,000 from the accounts of her mother, M. Louise Stanton of Detroit after Stanton gave her daughters access to the accounts. When confronted about what she had done, court records show, Stanton Hines returned some of the money leaving a $500,000 shortfall.

Full Article and Source:
Wayne County News: Texan Freed as Cash Repaid

Editorial: Discipline Against Judge Exposes Flaws

Cocke County General Sessions Judge John Bell took his third disciplinary strike in June and was sent to the showers, but his bank account won't suffer.

A judicial ethics panel last month suspended Bell for 90 days with pay - essentially a three-month paid vacation - after his third violation.

The decision makes one wonder what it would take to actually remove a sitting judge, and a revelation during the proceeding that a previous action against Bell has been shielded from the public view exposed a flaw in the process.

Bell was convicted in June for mishandling a relatively simple lawsuit. The Court of the Judiciary could have removed him, but instead opted to keep him off the bench for 90 days.

Once the decision was made to suspend him, the panel could not keep Bell from receiving his salary during the hiatus. The state constitution doesn't allow the panel to take a judge's pay.

Taxpayers also will have to pay the salary for a special judge who will have to hear Bell's cases during the suspension.

Full Editorial and Source:
Discipline Against Judge Exposes Flaws

Financial Advisor Gets 3 Years for Bilking Elderly Woman

A Raleigh financial adviser was sentenced to 36 months in prison and ordered to pay $425,694 in restitution for stealing from an elderly female client in an elaborate scheme to bilk her of nearly $3 million.

Harold " Hal " Blondeau, 65, a former adviser with Morgan Keegan, was sentenced Tuesday in federal court in Greenville to more than 15 months in prison after he was charged with investor advisement fraud and making and subscribing a false tax return, according to federal court records..

Blondeau, according to federal court documents, used his role as an investment adviser to Martha B. Capps, 83, a Raleigh woman suffering from Alzheimer's disease, to gain access to funds held in trust, then used the money to pay for his own personal expenses — including spending $24,000 on wine and a beach house.

Blondeau's plea and sentencing came more than two years after lawyers representing Capps filed suit in state court against Blondeau; his son, R.J. Blondeau ; Florida lawyer Neal Knight, and Knight's two daughters. The group conspired to take an estimated $3 million that Capps had inherited in 1989, according to the lawsuit.

Only Blondeau was brought to federal court on criminal charges. He pleaded guilty to taking $531,000 out of the nearly $3 million that Capps' lawyers contend was stolen.

Full Article and Source;
Former Investor Gets 3 Years for Bilking Elderly Woman

Illinois Nursing Home "Operation Guardian" - Two Residents Arrested

State and local officials came together for operation guardian at Rockford’s Alden Park Strathmoor Nursing Home.“About seven months ago we started doing unannounced checks of across the state of Illinois to determine whether or not nursing homes were identifying offenders and whether or not those offenders living there had a safety plan in place,” says Attorney General Lisa Madigan. The check in Rockford revealed four people living at Alden Park with out-standing criminal warrants.

It has those with loved ones at Alden Park concerned.“My sister-in-law is a paraplegic and she doesn’t speak so for her to tell us that’s impossible if something had happened,” says Linda Perry.Although this is the first compliance check in the Stateline, it won’t be the last. Madigan says illegal activities are happening in nursing homes all across the state.

Full Article, Video, and Source:
Two Nursing Home Residents Behind Bars After Attorney General's "Operation Guardian" in Rockford

Sentenced to 43 Months to 16 Years

A Fallon man who pleaded guilty to exploitation of an elderly person over 60 was sentenced Tuesday in District Court.

Crash Corrigan Streavel received 43 months to 16 years in prison for stealing about $250,000 from Myrl and Maie Nygren.

According to Deputy District Attorney Ben Shawcroft, Streavel was a caregiver for the Nygrens and then took control of their finances. Streavel paid himself, added his name to a credit card account and wrote checks to himself in the their names and took out cash advances.

As part of the sentence, Judge David Huff ordered Streavel to sign over the deed to the Idaho property, the title to the SUV and any remaining money in his bank account to Maie, 82. Myrl died of natural causes in the spring.

“This is a terrible crime to take advantage of elderly people,” Huff said. “I take this very seriously.”

Full Article and Source:
Exploitation of Elderly Ladies Costs Fallon Man

Sentenced to Two Years Probation and $1,000 Fine

A Cary man was sentenced to two years probation and fined $1,000 Thursday after pleading guilty to stealing thousands of dollars from a disabled woman with whom he was living.

Peter T. Jachim, 42, admitted guilt to financial exploitation of a disabled person and an unrelated felony theft charge as part of a plea deal struck with McHenry County prosecutors allowing him to avoid a possible prison sentence.

The plea agreement does include a 180-day sentence in the McHenry County jail, but he has served that time while awaiting trial.

Jachim initially was charged with financial exploitation of an elderly person and financial exploitation of a disabled person in May 2009 after, authorities said, a Cary police investigation revealed he stole about $5,000 from two mentally disabled women with whom he shared an apartment.

Full Article and Source:
Cary Man Get Probation for Stealing From Disabled Roomate

Smoron Caretaker Sues Developer Over Eviction

The same caretaker waging a legal fight to be recognized as the heir to Josephine Smoron 's estate is also suing Bristol developer John Senese, claiming Senese evicted him without a court order and confiscated his tools and equipment.
Samuel Manzo filed suit against Senese, doing business as Calco Construction Co., in New Britain Superior Court last fall. He claims he was a tenant on a Smoron -owned parcel that Senese purchased in March 2008 and where Calco is building a BJ's Wholesale Club.

According to Smoron 's will, she gave Manzo use of the property beginning in 1985 to operate his mulch and firewood business, the Southington Firewood Co. The parcel was part of a larger portion that Senese had an option to purchase in a 2001 agreement with an earlier estate conservator.

The lawsuit states that after the March 2008 sale Senese ordered Manzo off the property. When Manzo returned with police to retrieve his tools and equipment, he was locked out.

"He was a tenant there and they knew it," said Manzo's attorney Barry Pontolillo. "Even if you're not paying rent you have the right to a court hearing. They just changed the locks. They are taking the law into their own hands."

Full Article and Source:
Smoron Caretaker Sues Developer Over Eviction

See Also:
CT Judicial Council Finds Probable Cause

Disbarred Lawyer Now Facing Felony Charges

A Pender County lawyer who was disbarred in late 2008 amid allegations of misappropriating client funds now faces felony charges, officials say.

Agents with the N.C. State Bureau of Investigation arrested Kevin Joseph Strickland, 39, and charged him with financial crimes as well as an allegation he set fire to his own law office.

Strickland, who civil court records show practiced real estate law and negotiated multi-million dollar deals, was booked into the Pender County jail under a $500,000 bond, according to a statement from the SBI.

On Friday, jail officials said Strickland was released Thursday on a $200,000 bond.

Full Article and Source:
Disbarred Attorney Indicted on Financial Charges

Judge Orders Investigators Visit David Leyton's In-Laws

The county's chief probate judge has issued an order that investigators revisit the home of the in-laws of county Prosecutor David Leyton after an elder abuse program official claimed she wasn't allowed to visit recently.

Judge Jennie E. Barkey issued the order Tuesday after Diane Nims, executive director of the county's Elder Abuse and Exploitation Prevention program, said in a letter to the court that Leyton's 82-year-old mother-in-law rejected a scheduled visit.

Barkey ordered that the elder abuse program conduct a home visit and geriatric assessment of the couple during a visit today instead.

Leyton's in-laws are at the center of legal fight in which his wife and two other siblings are opposing petitions for guardianship and conservatorship requested by another sibling.

Full Article and Source:
Genesee County Judge Orders Follow-up Visit to Home of In-Laws of Genesee County Prosecutor David Leyton

See Also:
MI AG Candidate Wife's Family Embroiled in Dispute Over Parent's Care

Court-Ordered Visit Accomplished

County Sheriff Robert Pickell said an official with his Elder Abuse and Exploitation Prevention Program was able to revisit the in-laws of county Prosecutor David Leyton today after not having been allowed to visit previously.

Chief Probate Judge Jennie E. Barkey issued an order for the visit on Tuesday after Diane Nims, executive director of the elder abuse program, said in a letter to the court that Leyton's 82-year-old mother-in-law had rejected an earlier visit.

Pickell said he did not have any additional information about today's visit.

Barkey’s order instructed the elder abuse program to conduct a geriatric assessment of the couple's current condition in their home. They are at the center of legal fight in which three siblings, including Leyton's wife, Therese, oppose petitions for guardianship and conservatorship requested by another sibling.

Source:
Genesee County Sheriff Robert Pickell Says Elder Abuse Official Was Able to Visit Home of Prosecutor David Leyton's In-laws

Six Arrested for Harmful Nursing Home Prank

Six former Northern California nursing home employees are under arrest on charges they covered several elderly patients with cream to make them slippery as part of a prank against their co-workers.

California Attorney General Jerry Brown announced the arrests on Tuesday, calling the alleged abuse "despicable behavior."

All of the patients at Valley View Skilled Nursing Facility in Ukiah suffered from dementia, Brown said, and were unable to object to their treatment.

The six employees have been fired.

Full Article and Source:
6Arrested for Greasing Elderly at CA Nursing Home

California Ombudsmen Call for Independent State Leader

A group of local ombudsmen and other advocates for the elderly are calling for a fully independent statewide office for California's aging population, saying the current political appointee in charge has failed to protect their interests.

Anticipating the call to overhaul his office, state Long-Term Care Ombudsman Joseph Rodrigues said he has been assured by the Schwarzenegger administration that he can speak out more freely on behalf of seniors.

As the current elder-care ombudsman for the state, Rodrigues is a political appointee who operates within the state’s Health and Human Services Agency and oversees a network of local (and increasingly activist) elder-care ombudsman offices.

In California, people who work with the elderly or disabled are mandated to tell local ombudsmen or police about neglect or abuse they observe in nursing homes and other residential care. Ombudsman offices statewide received 43,500 complaints last year, investigating many and standing up for the elders involved.

The Committee for an Independent State Office includes representatives from elder advocacy groups, including the California AARP, and local elder-care ombudsman program managers.

Linda Robinson, who coordinates the ombudsman program in Santa Cruz County, spoke during an Assembly committee on aging hearing Tuesday, saying the state office has muzzled local elder advocates from speaking to the media and failed to speak up about legislation that would benefit seniors.

Full Article and Source:
Local Elder-Care Ombudsmen Revolt, Call for Independent Leader

MI AG Candidate Wife's Family Embroiled in Dispute Over Parents' Care

The wife of Genesee County Prosecutor David Leyton is locked in a legal battle over the care of her parents, who the head of an elder abuse prevention program said had been "neglected."

Leyton, a Democratic candidate for Michigan attorney general who has campaigned as a protector of senior citizens, said he is not a party to the case and has acted strictly as a support for his wife, Therese, as she and her siblings have talked about how to provide assistance to their parents while following their wishes to remain independent.

"My role is to provide love and support for my wife," he said. "Many, many people who have aging parents have faced this situation."

The dispute started after Therese Leyton's sister, Alisa Kaufman, petitioned in Probate Court for guardianship for her 90-year-old father and 82-year-old mother, who live in the Flint area but are not being named by The Flint Journal.

Investigations by the state Department of Human Services and a county elder abuse prevention team that described unclean, potentially dangerous conditions in the home -- documents Chief Probate Judge Jennie Barkey said "sickened me."

Concerns over the elderly couple's well being caused Barkey to grant temporary guardianship of the parents to Kaufman in June. Barkey reversed that decision five weeks later after investigators reported that conditions at the home had improved.

Full Article and Source:
Democratic Attorney General Candidate David Leyton's wWife, Siblings Argue Over Care of Parents; Investigation Finds Elder Couple Received "Minimal Care"

CT Accountant Accused of Mishandling $2.26 mil Trust

Allegations of fraud have surfaced against a Norwich accountant accused of mishandling an estimated $2.26 million of a family’s trust fund accounts over the last decade.

The claims against F. Robert LaSaracina, who runs a financial services firm on West Town Street, are detailed in a recent memorandum filed in Norwich Probate Court as part of ongoing litigation involving trust funds worth millions of dollars.

The July 22 memorandum, prepared by Linda J. Kidder, a Waterford lawyer who is the conservator of the Ilona Kauppinen trust, says that LaSaracina made loans to friends, family and himself, some with no interest or even documentation, and generally mishandled funds in the trust.

Full Article and Source:
Trustee: Norwich Accountant Owes Trust Fund $2.2 Million

Isabelle Jessich Update

Isabelle Jessich went to court Friday with two goals: to regain her liberty from a court-appointed guardian and to prevent him from selling her Edina home to pay $100,000 in fees for himself and seven lawyers.

Jessich succeeded in getting control of everything but her money, but she now faces the prospect of being sent back to a nursing home while her 17-year-old daughter could be placed in foster care.

Jessich, 57, has been battling for 20 months to take control of her life from Joseph Vogel, a professional guardian and conservator appointed by a Hennepin County judge in December 2008 to make decisions for her. Last year, Jessich made major strides to overcome the eating disorder, neurological problems and alcoholism that had made her a ward of the court. But Vogel would not let her leave a Robbinsdale nursing home and rejoin her daughter Allison, who was left to fend for herself.

After the Star Tribune reported on Jessich's situation in August 2009, state inspectors investigated and cited Robbinsdale Rehab and Care Center for failing to release Jessich. She moved back home in December. Since then, Jessich testified Friday, she has continued with physical therapy and other recovery activities. She said she is leading a "normal life."

But her struggle with Vogel over her finances could bring chaos back into her life. Vogel said he's owed almost $25,000, and lawyers in the case -- whose fees must be paid by Jessich -- have racked up more than $80,000 in bills. Vogel can't get access to Jessich's sizable inheritance in Belgium, worth at least $200,000, because Belgian officials don't recognize his authority, Vogel said.

Full Article and Source:
Edina Woman Gets Control of Life, May Lose Home

See Also:
Isabelle Jessich, "My Sweet Home"

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National Association to STOP Guardian Abuse

Wisconsin Lawmakers Consider Changes to Judge Discipline Rules

A state legislative committee is considering changing the current system for disciplining judges who violate the judicial code of conduct.

The committee was created to address concerns raised by the 3-3 deadlock that occurred when the high court ruled on whether Justice Michael Gableman had violated the ethics code with a campaign ad during the race for his seat on the court.

At its first public hearing this week, Wisconsin Supreme Court Justice Patrick Crooks told the committee it's up to the legislature to prevent that from happening again. He says a deadlock will likely happen again, and that the legislature should provide “some means of resolving a situation that is not finally resolved."

Crook's colleague, Justice Patience Roggensack, says there's no need for legislative fix because the system isn't broken. But she told the committee if they want to fix it there's an easy way to do it.

“All it would take would be a simple amendment of the statute saying if there is not a majority vote in favor of the position of the judicial commission that concludes the matter.”

But Mike McCabe of the Wisconsin Democracy Campaign asked the committee to consider ending the system that puts judges in the uncomfortable position of judging fellow judges. He says lawmakers should give consideration to a new model that would perhaps also include members of the general public as well as people from the legal community.

Before it makes any recommendations the committee will hold several public hearings to solicit more ideas about the need to change the current system for disciplining judges.

Source:
Wisconsin Lawmakers Consider Changes to Judge Discipline Rules

Woman Accused of Stealing From Son

King County prosecutors have filed felony theft charges against a Renton woman accused of raiding her son's guardianship account for years.

In charging documents, prosecutors claim Rhonda Marie Miller, 37, stole more than $30,000 from a fund set up to pay for her son's care, using the money to send herself to New York City.

Writing the court, Renton Detective Norman Ryan claimed Miller made 11 unauthorized withdrawals from her son's account between November 2004 and January 2007. Most of the charges were listed as trip expenses.

"These claims are based mostly on reported trips made to New York for medical appointments for 'studies' which the victim was not even involved in any longer," Ryan told the court.

The couple caring for Miller's son reported the thefts to police after they came to light. At the same time, civil proceedings were underway in dependency court to see the money returned.

Full Article and Source:
Charge: Renton Mom Raided Son's Accounts

Nurse Cleared

Chicago-area nurse Mary Williams earned $459,000 in 2004 caring for an aging Highland Park millionaire and his wife. Her huge salary — and the fact that she possessed both a car and various works of art formerly owned by her employer – raised suspicions. Williams was accused of financial exploitation and criminal neglect of an elderly person.

Williams, a Registered Nurse who was one of six RNs hired by S. Edward Marder, cared for Marder and his wife from 1992 until his death in 2007. According to witnesses, Williams acted as a “head nurse” and also handled financial affairs for Marder after his wife’s death.

The prosecution contended that Williams took advantage of her position and her employer’s poor health and dementia. The defense, however, presented evidence that described Marder an alert, lucid and generous man who freely shared his money and possessions.

The court sided with the defense and cleared Williams of all charges on July 30.

Source:
Nurse Did Not Take Financial Advantage of Millionnaire

Woman Admits to Feigning Romance to Bilk Elderly Man

A woman charged with bilking an elderly New Jersey man out of nearly $165,000 by pretending she was romantically attracted to him has pleaded guilty to theft by deception.

Forty-eight-year-old Brenda Miguel was arrested in Orlando, Fla. She pleaded guilty in state Superior Court in Newark.

New Jersey Division of Criminal Justice prosecutors say she and another woman befriended the victim, a West Orange resident, and pretended they needed loans for business ventures.

The second defendant, 46-year-old Susan Frank remains a fugitive.

Miguel faces up to five years in prison at sentencing Sept. 1. She has provided partial restitution and promised to pay back the remaining money.

Full Article and Source:
Woman Admits Feigning Romance to Bilk Elderly New Jersey Man Out of Nearly $165,000

Editorial: The Future of Aging

On July 18, the Washington Post had a wonderful article about the reunion of an 85 year old daughter with her 110 year old mother who lives in D.C. This reunion is the result of the “Medical House Call Program” at Washington Hospital Center.

The program’s staff, which includes physicians, nurse practitioners, and social workers, provides compassionate and skilled primary health care to elders in the comfort of their homes.

Dr. Eric De Jonge, a physician who works in the program, presented on the Independence at Home Act, which was included in this year’s health care reform law, at our Futures of Aging Services Conference this year.

The Independence at Home provision will help providers replicate this “medical house call” program model throughout the country. The program gives incentives for physicians to improve quality of care and reduce costs.

It also increases physician-patient interaction through regular assessments and patient/caregiver education on treating a chronic disease. It is obvious from the article that Dr. De Jonge has a special positive relationship with his 110 year old patient.

Sen. Ron Wyden (D-Ore.) and Rep. Edward J. Markey (D-Mass.) are encouraging the Centers for Medicare and Medicaid Services (CMS) to implement the Independence at Home (IAH) program.

Full Editorial and Source:
Independence at Home Provision Will Help Providers Replicate “Medical House Call Program”

AstroZeneca Settles Nearly 4,000 Seroquel Injury Claims

AstraZeneca PLC said July 29 that it has agreed in principle to settle with nearly 4,000 Seroquel product liability plaintiffs.

The company said settlement terms are confidential.

In notes to its second-quarter financial report, AstraZeneca said that as of July 27, mediation ordered by Judge Anne C. Conway in the Seroquel multidistrict litigation in the U.S. District Court for the Middle District of Florida "has resulted in agreements in principle on monetary terms, subject to various subsequent conditions, approvals and agreement on non-monetary terms, with the attorneys representing nearly 4,000 claimants."

As of June 29, AstraZeneca said it was defending against 10,363 served or answered Seroquel lawsuits in the United States involving 22,412 plaintiff groups. It said about 72 percent of the cases are in state courts, primarily Delaware, New Jersey, New York and Alabama. The remaining 28 percent are in the MDL court.

As of July 8, the Judicial Panel on Multidistrict Litigation reported that there were 6,217 active MDL cases, down from a high of 8,187.

Claims of about 1,000 plaintiffs are consolidated in one federal court in California, AstraZeneca said.

In addition, AstraZeneca said it is aware of about 176 additional cases representing about 3,661 plaintiffs that have been filed but not yet served. It said some of the cases involve other drug manufacturers, such as Eli Lilly and Co., Janssen Pharmaceutica Inc. and/or Bristol-Myers Squibb Co.

Full Article and Source:
Astrazeneca Settles Nearly 4,000 Seroquel Injury Claims, Terms Confidential