Sunday, July 31, 2011

Portion of Missing Funds in Jeffrey Schend Case Found

Attorneys say some of a woman's money that was believed stolen by former guardian Jeffrey Schend has been located in her trust account.

Outagamie County Assistant Dist. Atty. Kyle Sargent didn't say Tuesday how much money investigators found, although court records suggest it was no more than about $20,000. Still, Sargent said the finding could affect the charges filed against Schend, who faces six felony counts and one misdemeanor count of theft.

"If they found the money, those charges are going to be dismissed or (reduced) depending on how much those amounts are," Sargent said.
Schend, 44, pleaded not guilty Tuesday, and Reserve Judge Larry Jeske scheduled a jury trial for Sept. 12.

Full Article and Source:
Portion of Missing Funds in Jeffrey Schend Case Found

Former Guardian Jeffrey Schend Trial Date Set

A former Appleton guardian accused of stealing hundreds of thousands of dollars from his elderly and disabled clients will go on trial in September.

Jeffrey M. Schend, 44, pleaded not guilty to seven counts of theft, six of them felonies, during an arraignment hearing today in Outagamie County Court. Reserve Judge Larry Jeske scheduled the trial to start Sept. 12.

Schend, who operated a corporate guardianship business, is accused of stealing about $500,000. As a guardian, Schend was appointed by county judges to handle finances for those deemed incompetent to manage their own affairs.

Assistant Dist. Atty. Kyle Sargent said the case would take a week to present.
Outagamie County appointed an attorney to look into the finances of Schend’s clients after receiving complaints last fall that the business, JMS Guardianship Services, wasn’t paying clients’ bills.

Attorney Douglas Hahn found tens of thousands of dollars in transactions from accounts managed by Schend weren’t properly documented. Schend wasn’t able to show police where the money went, records say.

Prosecutors charged Schend in May with six felony counts of theft and one misdemeanor theft charge.

One of his clients is missing nearly $168,000 from a trust fund that closed last year.

Full Article and Source:
Former Appleton Guardian Jeffrey SChend Headed to Trial September 12 on Theft Charges

Saturday, July 30, 2011

Ohio Court Battle Over Moving Elderly Abuse Victim

MetroHealth wants her out. The family wants her to stay put.

Esther Piskor, 78, has been physically abused by nurses' aides inside the Prentiss Center nursing home at MetroHealth Medical Center.

The abuse was caught on a hidden camera that Esther's son, Steve Piskor, placed inside Esther's room with the staff's knowledge.

The family went to court seeking a temporary restraining order, trying to stop MetroHealth from moving Esther out of its facility.

The nursing home argues that Esther should be placed in another facility to ensure her safety and welfare. Steve Piskor says it doesn't make any sense.

MetroHealth disciplined eight employees based on abuse caught on the hidden camera. Now that MetroHealth has presumably cleaned house, Steve says they want to toss Esther out the door.

"Metro should be taking responsibility and stop being so defensive. My mother is the victim here, not Metro," Piskor said.

Family attorney David Krause says MetroHealth is giving Esther the boot to retaliate against the Piskor family for coming to Channel 3 to expose the abuse.

Full Article,Video, and Source:
Investigator: Court Fight Over Moving Elderly Abuse Victim

OH: Nursing Homes Take 6% Hit in New Budget

The usual tactics - a pricey television advertizing blitz, personal pressure on lawmakers and piles of campaign contributions - didn't work this time for Ohio's nursing homes.

The two-year state budget Gov. John Kasich sign[ed] into law [6/30/11] slashes Medicaid rates paid to nursing homes by nearly 6 percent starting [7/1/11], and it eliminates guaranteed increases that the powerful lobby persuaded legislators to put into state law years ago.

"In some ways you live by the sword, you die by the sword," said Robert Applebaum, director of the Ohio Long-Term Care Research Project at Miami University's Scripps Gerontology Center.

"There are only two states where the reimbursement formula is in state law, and Ohio is one of them. In the past, that has served nursing homes well because they have done better than other Medicaid providers. ... But when budgets are tight, it can have a very negative impact."

Full Article and Source:
Once Powerful Nursing Homes Take a 6% Hit in New Budget

Friday, July 29, 2011

Grant Goodman Suspended Without a Hearing

Longtime Arizona attorney Grant Goodman has made serious allegations over the last year against attorneys and guardians in Maricopa County Probate Court.

“Assets are being raped and pillaged every day,” said Goodman.

Accusations like that may have landed him in trouble.

“The conduct that’s going on in probate is in effect, unconstitutional," he said.

The State Bar of Arizona has now temporarily suspended Goodman's license to practice law.

The bar claims his conduct "will result in substantial harm, loss or damage to the public, the legal profession or the administration of justice."

“I haven't had a client so far that has complained,” said Goodman.

The suspension comes after Goodman filed lawsuits on behalf of incapacitated adults. They were adults Maricopa County Probate Court ruled couldn't handle their money or medical care.

The ABC15 Investigators reported on those lawsuits in a series of stories last year, uncovering flaws in the Maricopa County Probate System.

Families accused the court of allowing their loved ones to be isolated and heavily medicated while their assets were liquidated.

In an interview with ABC15 more than a year ago, Goodman described the county's probate process as criminal.

“These people are more organized than the mob. Plus, they have a court rubberstamp the proceeding.”

Full Article, Video, and Source:
Attorney Grant Goodman Suspended Without a Hearing

Attorney Grant Goodman Suspended

Local attorney Grant Goodman had his law license suspended for five years following a finding that he habitually exploited "vulnerable" Probate Court clients.

In an order signed [7/21/11] by William O'Neil, the presiding disciplinary judge for the Arizona State Bar, Goodman's actions are described as potentially harmful to the public and the legal profession if allowed to continue.

Source:
Grant Goodman, Attorney, Gets Law License Suspended For Exploiting "Vulnerable" Probate Court Clients

See Also:

Read the "Temporary Restraining Order of Temporary Suspension and Report"

Arizona Attorney Grant Goodman Sanctioned

Family "Friend" Ordered to Pay $2 Mil in Resitution

Ellis Hanson pulled a small piece of paper out of his pocket and stared at it blankly.

Not understanding what it was, he asked his wife to look. It was a receipt for a $260 lunch at Shula’s Steak House in Naples.

Velta Hanson was surprised. Her then- 84-year-old husband, a brilliant engineer in the early stages of Alzheimer’s disease, had no recollection of eating there hours earlier.

That day, Sept. 30, 2008, Velta Hanson hired a private investigator. But days before receiving his report, she found a letter revealing her husband had written a $10,000 check to a friend of two decades, Alma Teti.
That was the day she asked her husband if she could take over their finances.

It turned out that was just a fraction of what Ellis Hanson had given Teti, now 69: more than $1 million in checks from 2006 to 2008, nearly $85,000 in jewelry since 2005, including a $26,000 blue stone ring for her birthday, and thousands in expensive lunches, champagne and drinks.

In 2009, the couple sued Teti, alleging exploitation of a vulnerable adult and conversion, illegally depriving the Hansons of their property.

“I’ve known Alma for over 20 years and I’m shocked at her lack of integrity by taking advantage of her friend’s trust and exploiting her friend’s husband, a vulnerable elderly gentleman who is mentally compromised,” Micheline Yuan said.

“This should be a lesson to anyone attempting to take advantage of a vulnerable adult,” she [Shirley Moore]said.

Full Article and Source:
Judge Rules Family Friend Exploited, Took $2 Million From Naples Man With Dementia

Thursday, July 28, 2011

Justice O'Shea Responds to Gary Harvey Suit

State Supreme Court Justice Judith O'Shea has formally responded to a lawsuit that seeks to force Chemung County to prove it did not exceed its legal authority in its guardianship of a Horseheads man.

In her response dated July 18, O'Shea denied allegations made in the suit filed by Sara Harvey of Horseheads, who has been fighting for guardianship of her husband Gary. O'Shea also requested that Harvey's suit be dismissed.

In a June 30 ruling, the state Supreme Court's Appellate Division in Albany denied motions by the county to dismiss the suit and ordered O'Shea to file a response to the lawsuit by Aug. 1. State Mental Hygiene Legal Services Attorney Kevin Moshier and the county Department of Social Services guardian were also ordered to file responses.

Gary Harvey, now 60, suffered a traumatic brain injury following a heart attack and subsequent fall down a flight of stairs in January 2006. Sara Harvey had sought legal guardianship of her husband, but the county Department of Social Services was appointed as his legal guardian indefinitely.

Source:
Judge Responds to Horseheads Woman's Lawsuit

See Also:
Gary Harvey - At the Mercy of a Cold, Heartless System

Gary Harvey - Out of Sight Out of Mind

NY Supreme Court Appellate Division Will Not Dismiss Gary Harvey's Suit Against County, Judge, and Court-Appointed Attorney

Ciavarella's Sentencing Set for August 11

The sentencing date has been set for a disgraced northeastern Pennsylvania judge convicted of taking $1 million in bribes from a real estate developer who built a pair of private juvenile detention facilities.

A federal judge scheduled the sentencing hearing for former Luzerne County Judge Mark Ciavarella for August 11.

Ciavarella was convicted in February of counts including money laundering and wire fraud as part of the scheme involving another judge.

Prosecutors alleged Ciavarella and former county President Judge Michael Conahan ran a kickback scheme involving the closure of the county-run juvenile facility and the construction of two private detention centers. Conahan pleaded guilty to racketeering last year.

The scandal prompted the state Supreme Court to throw out thousands of juvenile cases handled by Ciavarella.

Source:
Sentencing Scheduled for Corrupt Ex-PA Judge

Wednesday, July 27, 2011

Judge Randy Kennedy Sued!

Renate Arnold says she never used her children to help her shoplift.

Never used her 20-year-old daughter, Lisa, to help her become one of the top sellers of The Contributor newspaper.

She did not leave Lisa, who has Down syndrome, sitting in a soiled diaper, alongside traffic, in the cold. She did not make her kiss homeless men. No abuse, no neglect.

Rather, she says she is being picked on by a group of nosy strangers who disapprove of her lifestyle and the way she raises her children. She has fired two attorneys for not doing enough to get Lisa back in her care.

Now, she is suing Davidson County Probate Judge Randy Kennedy, claiming he, too, is keeping her from her daughter and best friend. The formerly homeless woman, who now is representing herself in court, says the judge did not respond to a motion in the time she says is required by law.

Now, Kennedy has recused himself from the case. Lisa Arnold, who has the mental capacity of a 3-year-old, will be left in the temporary custody of Belinda Mitchell, a caseworker with The Arc of Davidson County, a nonprofit that helps the disabled, until another judge is appointed on the case. No hearings have been set.

Full Article and Source:
Ex-Homeless Woman Sues Judge Over Custody

Financial Exploitation in Nursing Homes

Last week, I wrote as a Pennsylvania nursing home lawyer about arbitration agreements in nursing homes. This is a hot topic right now, as more and more private homes require patients or their families to sign arbitration agreements as part of their admissions to the home. That was true in the several consolidated cases before the West Virginia Supreme Court in Brown v. Genesis Healthcare Corp. et al, decided June 29. In all three of the cases at hand, patients; family members signed arbitration agreements with nursing homes, and later sought to sue the homes for substandard care after the patients died. Prior to death, all three were admitted to hospitals with conditions including infection, dehydration, pneumonia, malnutrition and untreated pressure sores.

In each case, the nursing homes asked the courts to dismiss their claims and compel arbitration under the contracts. In two of the cases, the plaintiffs appealed from a dismissal; in the third, the trial court asked the Supreme Court to decide whether the Federal Arbitration Act preempted the West Virginia Nursing Home Act. The Supreme Court started by noting that families are generally under a lot of pressure and unable to shop around when choosing a nursing home. The Nursing Home Act prohibits patients and their representatives from waiving their rights to the courts. However, the Supreme Court said, the FAA preempts the state Act because the state Act does not provide "grounds for the revocation of any contract"; it applies specifically to nursing home arbitration contracts.

Full Article and Source:
Financial Exploitation in Nursing Homes

See Also:
West Virginia Supreme Court Finds State Nursing Home Law Preempted by Federal Arbitration Act - Brown v. Genesis Healthcare Corp.

Tuesday, July 26, 2011

Medicaid Dispute: Ohio State Audit Faults APSI (Advocacy & Protective Services, Inc) With Spending of $1.3 Mil

State auditors said the Ohio Department of Developmental Disabilities has failed to account for more than $1.3 million in tax money it paid to a company that provides protective services to the mentally retarded and developmentally disabled.

The Ohio attorney general's office, which pursues Medicaid fraud, is investigating, The Dispatch has learned, although a representative would not comment.

Advocacy & Protective Services Inc. received the money in 2009 for administrative costs from the Department of Developmental Disabilities. The questions arose after the department sought reimbursement from Medicaid - the state health-care program for the poor and disabled.

"The Department of Developmental Disabilities has been unable to provide sufficient documentation to support the services performed by Advocacy & Protective Services and subsequent costs reimbursed through (Medicaid)," according to a 10-page preliminary audit by the Ohio Department of Job and Family Services.

Instead, the state agency was simply cutting checks on a regular basis to the company even though it didn't detail what the money was for, the preliminary audit found.

A final audit has not been released, but preliminary findings were provided to The Dispatch in response to a public-records request.

Advocacy & Protective Services (APSI) is a private, nonprofit organization based in Columbus that is under contract with the developmental-disabilities agency to serve as a court-appointed legal guardian and trustee for about 4,800 Ohioans with mental retardation or other developmental disabilities.

Full Article and Source:
State Audit Faults Disability Agency in Spending of $1.3 Million

Private Caregivers for Elderly Get Little Oversight but Government Resources Underutilized

Private caregivers who help the elderly are not subject to background checks or oversight, and officials concede that government resources to help vet them are largely unused, The Oregonian reported.

The Oregon Department of Human Services reports that there were 2,350 cases of abuse involving elderly people living at home last year. Elder abuse can take the form of physical or sexual attack, although it's more common that vulnerable seniors and their families become victims of fraud and theft.

"It's a common misconception that if someone holds themselves out to be a caregiver they must have been checked by someone, somewhere. When, in fact, they have not," Jeff Lesowski, a senior deputy district attorney in Washington County, told The Oregonian.

State law requires background checks for caregivers paid through Medicaid or other public programs, but not for those who are paid privately. State and local agencies offer training, background checks and help with aging spouses or relatives. But officials say that most people aren't aware of those government resources and often turn to online classifieds like craigslist.com in search of caregivers.

Decisions about a senior's care are often made during times of high stress or medical crisis, and there's often little time to investigate all the options.

In an effort to help people connect with vetted caregivers and other services for seniors, the Aging and Disability Resource Connection of Oregon launched a searchable website with resources in every county. The Oregon Home Care Commission also offers connection to an online registry of caregivers who have cleared criminal background checks.

Full Article and Source:
Private Caregivers for Elderly Get Little Oversight, but Government Resources Underutilized

Caregiver Charged With Stealing From Elderly Woman

A caregiver is accused of stealing thousands of dollars from an elderly resident.

According to an incident report obtained by News Channel 7, 32-year old Layla Jessica Davidson, of Spartanburg, was arrested and charged with financial transaction card theft, financial credit card fraud greater than $500 and exploitation of a vulnerable adult.

The report states that a man told deputies that his mother's caretaker, Davidson, used his mother's debit card and wrote 13 checks belonging to his mother between May 2 and June 8. The man told authorities that between $6,000 and $7,000 had been taken from his mother.

Davidson was arrested and later released from the Spartanburg County Detention Center on $15,000 bond.

Full Artice and Source:
Caregiver Arrested Charged With Stealing From Elderly Woman

Monday, July 25, 2011

NASGA Press Release

PRESS RELEASE
For immediate release

July 25, 2011

For more information contact:
Annie McKenna, NASGA Media Liaison
info@StopGuardianAbuse.org

_________________________________________

NASGA Releases its third “Open Letter to Congress and the White House” focusing on the Medicaid crisis _________________________________________

In the midst of a Medicaid crisis, NASGA continues its mission of reform of unlawful and abusive guardianships and conservatorships with the release of its third “Open Letter to Congress and the White House,” mailed to approximately 300 members of Congress (including every member of the Senate Special Committee on Aging), other government entities and related organizations.

With “The Fleecing of Medicaid and the American Taxpayers,” NASGA focuses on an out-of-control problem, completely antithetical to the purpose of "protective" statutes; i.e., CONSERVE the estates of vulnerable elderly/disabled and PROTECT the taxpayers from the ward becoming a public charge.

Lack of monitoring and enforcement by court, legislative and executive branches permits good law to be misused by state-court judges and their appointed fiduciaries.

Without “watchdogging,” wards’ estates can be systematically bled dry instead of protected; in short, fleeced by fiduciaries engaging in breach of fiduciary duty. Previously financially capable wards placed on Medicaid for their guardians’ benefit is an ironic, appalling and staggering burden on America’s taxpayers.

NASGA continues to advocate for federal intervention to bring about swift and meaningful reform in all “protective” proceedings.

Fleecing Medicaid and the Taxpayers
NASGA's third Open Letter to Congress and the White House

See Also:
Protecting Our Citizens From Unlawful And Abusive Guardianships And Conservatorships
NASGA's first Open Letter to Congress and the White House

A Review of Unlawful Emergency Guardianships
NASGA's second Open Letter to Congress and the White House

Sunday, July 24, 2011

Attorney Found Dead Inside Garage of Home

An attorney formerly from Alton was found dead in the garage of his Edwardsville home Thursday morning, the same day he was scheduled for sentencing on a federal mail fraud charge.

Dennis Nalick, 63, was found inside a vehicle in the garage of his home in the 300 block of Jefferson Road. The vehicle was running and the garage was locked, Madison County Coroner Steve Nonn said.

Nalick could have been sentenced to up to 51 months in federal prison. Authorities also had been seeking restitution and an order to take his property if he could not pay the restitution.

Nonn said the case has not been found to be a suicide.

"We don't know that yet; we can't jump to any conclusions," he said.

Full Article and Source:
Attorney Found Dead Inside Garage of Home

See Also:
Illinois Lawyer Charged With Financial Exploitation

Son Accused in Mom's Starvation

Authorities allege an Omaha caregiver so malnourished and neglected an elderly woman that it caused her to suffer bedsores from her neck to her heels.

Then, Omaha police say, he carried her emaciated body from her urine-and-feces-soaked mattress, put fresh clothes on her, propped her on a couch and tried to make her death appear natural.

The elderly woman: his mother.

In a rare case, the Douglas County Attorney's Office charged Robert R. Rogers, 44, in a warrant with manslaughter and abuse of a vulnerable adult. The charges stem from the May 27 discovery of the body of his 66-year-old mother, Connie J. Rogers.

Omaha police said he told investigators he was his mother's caregiver but that she refused to see a doctor, that she suffered from dementia and that her health had been declining for months.

On the day he reported her death, Rogers told police, he had fed her a protein shake. Then she got out of her bed, put a movie on the DVD player and walked to the couch of her home.

Rogers said he found his mother dead a short time later.

Full Article and Source:
Son Accused in Mom's Starvation

Saturday, July 23, 2011

Jeffrey Schend to be Arraigned Tuesday

After nearly three months of investigation, police continue to pore through the finances of an Appleton man accused of stealing hundreds of thousands of dollars from his elderly and disabled clients.

Jeffrey M. Schend, meanwhile, demanded a speedy trial on the seven theft charges filed against him in the early stages of the police probe.

Schend, 44, will return to Outagamie County Court on Tuesday for an arraignment hearing where he’ll enter pleas to six felony theft charges and one misdemeanor theft count.

Schend, who operated a corporate guardianship business, is accused of stealing about $500,000 from the accounts of his elderly and disabled clients.

As a guardian, Schend was appointed by county judges to handle finances for those deemed incompetent to manage their own affairs.

Full Article and Source:
Jeffrey Schend, Accused of Stealing From Elderly Clients, Continues

See Also:
Jeffrey Schend Requests Out-of-County Judge

Senior Power: The Affordable Care Act

The American Version of Health Care for All is the title of a forty-two page OWL publication that senior citizens and boomers should know about and read carefully.

OWL is a membership organization located in Washington, D.C. at 1025 Connecticut Avenue NW, #701, D.C. 20036, with state and local chapters throughout the U.S., including Ohlone/East Bay, Sacramento, San Diego, Placer County and San Francisco, all with websites. In recent years “Older Women’s League” has become a bit of a misnomer on two very positive counts—(1) OWL is The Voice of Midlife and Older Women, and (2) much of what OWL reports and engages in affects positively both women and men.

OWL’s publication, The Affordable Care Act; The American Version of Health Care for All,includes five illustrations by political cartoonist Bulbul. OWL is able to mail a copy to non-members with a suggested contribution of $10 to cover printing and shipping costs. Otherwise, the report is available as a .pdf on national OWL’s website.

Full Article and Source:
Senior Power: The Affordable Care Act (ACA)

See Also:
PDF Version of The Affordable Care Act: America's Version of Health Care for All

Friday, July 22, 2011

Life is Short But Beautiful

Caregiver Crime Growing Trend

“I wasn’t a tenant anymore,” Hill testified recently. “I’d become a hostage.”

Hill, 59, said he was trapped in a windowless basement room in a DeKalb County home for almost six months ending in March 2010, sharing the room with a mentally disabled stranger. For breakfast, they got Ramen noodles in Country Crock margarine containers; for dinner, two bologna sandwiches. They used 5-gallon paint buckets for toilets.

Their landlord, Chandra Renee Faust, 43, now faces criminal charges. County and state officials say the allegations shine light on a disturbing and growing phenomenon in which freelancing caregivers and renters prey on vulnerable people to get access to their disability checks.

DeKalb District Attorney Robert James said Faust offered to take the two men into her home to care for them.

“But in reality, they were being neglected and exploited,” he said. “This is a call to action. There are people taking in our seniors and disabled adults to get rich. They need to be licensed, they should be regulated and if there’s neglect and abuse, they should be punished.”

A DeKalb grand jury in December indicted Faust for false imprisonment, identity fraud, theft and exploitation and abuse of the disabled.

Full Article and Source:
Caregiver Crime Growing Trend

Thursday, July 21, 2011

Editorial: Keep a Closer Watch on Guardians

When corporate guardians are appointed to look after the finances of elderly and disabled clients, they typically are dealing with the most vulnerable people in the county.

That's why the oversight of guardians must be stepped up.

The felony charges filed against Jeffrey M. Schend in Outagamie County highlight the need for more thorough reviews of how guardians spend their clients' money. Police say about $500,000 is missing from Schend's clients.

A promising first step came from Sue Lutz, the register in probate for Outgamie County. She said although Outagamie's rules are more stringent than state law, her office would work to alter its procedures in light of the Schend charges.
Counties must keep a closer watch on guardians' financial records. It might take a shift in funding to improve the process, but that would be worth it to protect the money of people who can't protect themselves.

Guardians, of course, are required to submit accurate reports. That's a fair assumption, but it needs to be confirmed regularly for the sake of the clients and their families, who sometimes feel helpless in guardianship cases.

Right now, the county treats guardianship cases similar to how the Internal Revenue Service conducts its spot checks — suspicious filings trigger audits. We think it's worth it for county officials to dedicate more resources to check even some of the documents that look legit.

The advice of writer Agatha Christie seems to apply here: "Where large sums of money are concerned, it is advisable to trust nobody."

Source:
Editorial: Keep a Closer Watch on Guardians

AZ: Judge Donahoe Resigns After Getting Caught in a Fib

Thursday, June 30 was Maricopa County Superior Court Judge Gary Donahoe’s last day on the bench.

In his May 5, 2011 letter of resignation to Gov. Jan Brewer, he quoted Seneca: “You must know for which harbor you are headed if you are to catch the right wind to take you there.”

He then wrote, “For over 21 years, my harbor has been the Arizona Superior Court in Maricopa County. I have felt a fresh wind at my back pushing me in a new direction …”

Some say he’s leaving due to too many forces breathing down the back of his neck, including Dr. James Houston, a former Northern Arizona University instructor, whose case against Attorney General Tom Horne, in his former capacities as Arizona State Superintendent of Schools and member of the Arizona Board of Education, was pending in Donahoe’s court.

However, as I reported back in April, “Corruption runs deep in Maricopa County as lawsuits continue,” Houston’s case suddenly became focused on Donahoe.

Houston believes it was due to repeated and embarrassing allegations of a corrupt judiciary caused by Donahoe’s actions that resulted in a “behind-the-scenes demand that he resign.”

Full Article and Source:
Judge Donahoe Resigns After Getting Caught in a Fib

Wednesday, July 20, 2011

Gary Harvey: At the Mercy of a Cold, Heartless System

The tragic case of Gary and Sara Harvey has similarities to Terri Schiavo’s and her family’s case. In January of 2006, Horseheads, New York resident, Gary Harvey, a Vietnam veteran, fell down a flight of basement stairs at his home and sustained a brain injury that has since left him in a vegetative state.

As Chelsea Schilling, writing for WorldNetDaily, reported last year,

“Gary, an only child who is estranged from his two adult children, did not have a living will.

His wife, Sara, had him placed in a nursing home so he would receive care while she returned to her full-time job.

Following a family dispute over Gary’s assets, State Supreme Court Judge Robert Mulvey determined that Sara Harvey was not a suitable guardian for her husband and designated the county as legal guardian, according to Elaine Renoire, spokeswoman for the National Association to Stop Guardian Abuse, or NASGA, who is familiar with the case.

When [Chemung] county authorities took guardianship, Sara was separated from any decision making process for her husband’s health and medical welfare. Gary’s father is deceased, and his elderly mother has not attempted to obtain guardianship. Sara has been trying to get the judge’s guardianship decision overturned.”


Sara Harvey, almost single-handedly, has stood firmly against the machine of the “system” in her county. Just like Terri Schiavo’s family, Sara is desperately fighting to simply bring her husband home and care for him herself where he can at least enjoy the comfort of his own home and the loving care of his wife.

The case is complicated, though unnecessarily so, in my opinion.

I write for DakotaVoice.com, and it is because of another lady who also writes for Dakota Voice, Carrie K. Hutchens, that I have been aware of Gary’s case for a couple of years now. Carrie has written numerous times about Gary and Sara’s plight. Carrie’s deep passion for this terrible situation shouts out through the words she writes.

In her latest column, Carrie wrote,

“How long has it been since Gary Harvey fell down those basement stairs? How long has it been since he found himself vulnerable and fighting not only for life just because of his injuries, but fighting for life because the government officials and so-called ethics committees decided it was time to end his life by starving and dehydrating him to death? Just how long has it been and what has changed since the fight began all those years ago?

Some people have opened their eyes, started paying attention and have begun grasping the idea that something ‘ain’t’ right here in the world of Gary Harvey and his so-called government protectors.

It doesn’t matter ‘why’ Gary Harvey fell down those basement stairs. What does matter is what has transpired since then and whether he has had a true chance at recovery and comfort to whatever extent is possible rather than what has been assigned to him by those who really don’t have his best interest at heart.”


Just like the awful, helpless situation in which Terri Schiavo’s family found themselves, so Sara Harvey stands at the mercy of a cold, heartless, evil system. However, there yet may be a gleam of hope. A lawsuit which Sara Harvey filed against Chemung County has been allowed to continue before the New York State Supreme Court’s Appellate Division.

Full Article, Source, and Audio:
Gary Harvey Case Illustrated Corrupt Evil System

See Also:
Gary Harvey Case: Out of Sight Out of Mind

HelpBringGaryHome

Courts Suggest as Much as 62% Pay Hike for NY Judges

The state courts system is recommending that judges get a pay raise of up to 62 percent after having their pay frozen since 1999.

The recommendations come in a report this week from chief administrative judge Ann Pfau to the state Commission on Judicial Compensation, which is evaluating the pay for the state's roughly 1,300 judges.

State Supreme Court judges receive a salary of $136,700, but Pfau recommended judges' salaries increase to as high as $220,836 to put them on par with other states, based on cost of living standards. She recommended a salary between $192,000 and $220,836.

Pfau called the recommendations "prudent and responsible." She said New York ranks last in the nation for judicial pay based on cost of living and 20th for actual salary.

Full Article and Source:
Courts Suggest as Much as 62% Pay Hike for N.Y. Judges

Tuesday, July 19, 2011

Interstate Conservatorship

The case of an elderly city woman who apparently was taken to Florida by her daughter, in violation of a court order, shows the limitations on state Probate Courts, officials say.

Dolores Gray, 81, is in Florida with her daughter, Jeryl, despite an order by Probate Judge Beverly Streit-Kefalas that Gray, who suffers from dementia, not be removed from the state.

But there is no clear mechanism in place for a Connecticut judge's orders to be enforced in another state, said Vincent Russo, spokesman for the state Probate Court system.

"We've tried for a few years to get a law passed dealing with interstate conservatorships," Russo said. "The Legislature adjourned without passing it this year."

The law, similar to one in effect for child-custody matters, would establish a uniform policy among the states for handling adult conservatorships that may involve more than one jurisdiction, said Paul J. Knierim, the state's Probate Court administrator. "Of course the efficacy of the law depends on the number of states that enact it. But this was first proposed in 2009 and it takes a few years to get something like that passed."

Full Article and Source:
Case of Elderly Woman Taken by Daughter Shows Limits of Probate Orders

Officials Want Tools to Fight Abuse of Power of Attorney

Despite a 2009 state law placing new restrictions on the designation, Fulton County District Attorney Louise Sira and officials working in the field of elder abuse contend using power of attorney to steal from vulnerable elderly is still too easy and — for lack of specific criminal statutes in New York State — too difficult to prosecute....

Full Article and Source:
Officials Want Tools To Fight Abuse of Power of Attorney

VA Lawyer Arrested for Alleged Theft

A lawyer in Virginia Beach, Va., was arrested June 20 for allegedly stealing $520,000 from his client’s trust fund.

Brian Gay, 52, was indicted before U.S. District Court on federal charges: 10 counts of mail and wire fraud, engaging in unlawful monetary transactions and making false statements to federal agents, according to the Virginian-Pilot.

After Gay’s client died, he allegedly made small payments in life insurance proceeds to the client’s children, but kept most of the money for himself, the newspaper reported.

The Virginia State Bar revoked Gay’s law license after in light of the charges.

Full Article and Source:
Virginia Lawyer Arrested for Allegedly Pocketing Client Funds

Monday, July 18, 2011

The Gary Harvey Case: Out of Sight Out of Mind

How long has it been since Gary Harvey fell down those basement stairs? How long has it been since he found himself vulnerable and fighting not only for life just because of his injuries, but fighting for life because the government officials and so-called ethic’s committees decided it was time to end his life by starving and dehydrating him to death? Just how long has it been and what has changed since the fight began all those years ago?

Some people have opened their eyes, started paying attention and have begun grasping the idea that something “ain’t” right here in the world of Gary Harvey and his so-called government protectors.

It doesn’t matter “why” Gary Harvey fell down those basement stairs. What does matter is what has transpired since then and whether he has had a true chance at recovery and comfort to whatever extent is possible rather than what has been assigned to him by those who really don’t have his best interest at heart.

Sara Harvey didn’t cut Gary’s trach tube as some try to suggest. She cut a fish line on a defective trach that the medical staff ignored and allowed to remain defective. They sure did get busy fixing what should have been fixed weeks before, while trying to shift all the blame on her though.

She didn’t follow medical advice? And this advice would be what advice and from whom and how guaranteed was the advice in the first place? Did the advice come from a “proven all-knowing never wrong source” or just some one that had an opinion on care options?

The guardian, county and hospital staff care about Gary more than Sara?

Why is she fighting for his life and they are fighting to either end it or to keep Gary in isolation, as no prisoner or animal is allowed to be kept?

If anyone thinks that Gary Harvey has been cared for in his best interest at the hands of the so-called ethics committee et al, then that someone needs to have a mental evaluation. His best interest was to be starved and dehydrated to death? His best interest is to live in isolation? And whose best interest will they decide on next? Yours or mine or our neighbor down the street?

It’s something we better be thinking about, since it certainly doesn’t seem like we have been thinking about Gary’s or those in situations such as his..

Next time, it could be our family member, or even us, that faces wrongful guardianship and death panels. It could be. Once set in motion — it’s hard to stop, but we can. Let’s stop it with Gary Harvey! Let’s bring him on home to where he wants to be! Let’s bring him on home to his wife!

Source:
The Gary Harvey Case: Out of Site Out of Mind

See Also:
HelpBringGaryHome

A Life for Sale

The time has come for 79-year-old Louise Olenik to say goodbye to the home where she hoped to live until she died.

Her dearest possessions must go too.

Nearly broke after a niece stole $107,000 from her, Olenik is trying to raise money to sustain the round-the-clock nursing care she requires. She recently found a buyer for her 22 Sondra Drive home in Larksville and now everything in it has a price tag attached for an estate sale this weekend.

"I had to leave everything in Larksville," Olenik said Friday at the Harveys Lake home. "Losing everything is just too much. I lost my home. I lost my husband. I lost everything."

Olenik says her husband Edward's health deteriorated after the family betrayal was discovered in April 2010 and he mentioned it with his last words when he died on Dec. 7, 2010. He wanted to know if police "got Marisa" yet, referring to Olenik's niece Marisa Harlen, 30, of Kingston.

Investigators say Harlen swindled $107,429.02 from Olenik after being granted power of attorney in February 2008. Rather than use the cash to care for her aunt, Harlen lavishly spent on herself with shopping sprees, expensive dinners and repeated trips to casinos, police said.

Harlen, who has blamed the theft on a gambling addiction, is scheduled to plead guilty on Monday in front of Luzerne County Judge Tina Polachek Gartley.

Olenik said Harlen has consistently delayed the process, has not repaid a penny, and hasn't shown any remorse.

Full Article and Source:
A Life for Sale

Mother Convicted of Exploiting Disabled Son

A Carson City mother was given probation for reportedly turning a blind eye to her boyfriend's theft from family members, and misusing thousands of dollars donated to her handicapped son to stop the bank from re possessing his specially equipped van.

Virginia Dempsey, 46, pleaded guilty to conspiracy to abuse, exploit or isolate a vulnerable person. She was given up to three years' probation and a suspended jail sentence of one year.

In ex change for her guilty plea, the Carson City Dis trict Attorney's Office agreed not to pursue charges against Dempsey into money missing from her son's bank account, the plea agreement states.

According to court documents, Dempsey's son Jared, 20, is confined to a wheelchair due to cerebral palsy.

Dempsey's boyfriend, David Catalani, was arrested and convicted of stealing and pawning several items from Jared and his siblings. Catalani was sentenced in April to 12 to 32 months in prison on a charge of grand larceny.

During the course of that investigation, a deputy learned that Dempsey, who is appointed as Jared's guardian, used $7,000 of do nated money to bring payments up to date on the van. Another $11,000 in do nations was spent on various things, and some of the money had been withdrawn from a casino ATM, the report states.

Full Article and Source:
Mother Convicted of Exploiting Disabled Son

Sunday, July 17, 2011

Illinois

Where Our Cook County Probate Court Judges Should Make Our License Plates

Source:
ProbateSharks

Law Makers Call for Emphasis on Community Living

Two members of Congress from opposite sides of the aisle are urging government officials to rethink their approach to Medicaid and how it can best serve those with disabilities.

In an op-ed published Thursday afternoon on the website of the Capitol Hill newspaper The Hill, Sen. Tom Harkin, D-Iowa, and Rep. Cathy McMorris Rodgers, R-Wash., said that federal and state governments could save money by establishing policies to make it easier for people with disabilities to live in community-based settings as opposed to costly institutional facilities.

“Today, as we seek ways to reduce budget deficits, we must seize on the opportunity to make our Medicaid dollars go farther while finally giving millions of individuals with disabilities one of the most fundamental of rights: the choice to live independently,” the lawmakers wrote.

As of 2009, it cost about $137,000 annually to care for an individual with an intellectual disability in an institution compared to about $44,000 to provide for the same person in the community, Harkin and McMorris Rodgers said.

Nonetheless, they indicated that many current policies leave people with disabilities with no choice but to live in restrictive environments.

“Rather than taking steps to reduce wasteful spending on institutional settings, many states have cut the services that keep people with disabilities in their own homes and communities,” Harkin and McMorris Rodgers wrote, calling the approach “short-sighted.”

Full Article and Source:
Lawmakers Call for Emphasis on Community Living

Man Accused of Swindling $450K From Elderly Woman

A Lake Butler man who authorities say befriended a 94-year-old woman and then conned her out of nearly half a million dollars was arrested in Ocala.

Michael Charles Fluharty, 58, the self-employed owner of a lawn care service, was arrested outside the Marion County Courthouse following a guardianship hearing for the woman. He was charged with exploitation of an elderly person.

Marion County Sheriff's Detective Janeen Henley-Freeman noted in her report that Fluharty had taken care of the victim's lawn since 2008.

Over time, the detective said, Fluharty coerced the elderly woman into putting his name on her financial accounts. Once he had control, he allegedly began withdrawing money from the woman's accounts through various means, including checks and money transfers.

The woman became the beneficiary of a large sum of money, the detective said, and Fluharty became aware of the windfall. She said he reportedly began to take more money.

Fluharty also convinced the woman to give him power of attorney over her affairs and to change her will so he would be the sole executor and beneficiary, noted the report.

Full Article and Source:
Man Accused of Swindling $450K From Elderly Woman

Saturday, July 16, 2011

Court Rules Britney Spears Does Not Have to be Deposed

A Los Angeles court has adjudged that Britney Spears does not have to depose in a lawsuit that was launched by a licensing company over a breach of contract.

According to RadarOnline.com, the requests of the lawyers for 'Brand Sense' were turned down by a judge, as Spears was still under conservatorship."

Full Article and Source:
Court Rules Out Britney's Deposition in Brad Sense Lawsuit

See Also:
Britney Spears Breach of Contract Countersuit May go on Hold

Death With Dignity Act May Face Amendment

Western psychology professor Ethan Remmel lived with incurable cancer for more than a year. He underwent 10 months of chemotherapy, which caused fatigue and sickness that were hard to bear. He rarely felt like himself. Whenever he stopped treatment, he faced unyielding pain, said Grace Wang, Remmel’s partner and associate professor of environmental studies at Huxley College of the Environment.

At his home on June 13, Remmel ended his life under Washington state’s Death with Dignity Act. The law allows people who are terminally ill to take lethal pills prescribed by their doctors.

Remmel’s family, friends, colleagues and students came together on June 28 for a memorial at Zuanich Point Park in Squalicum Harbor. They shared stories, listened to some of Remmel’s favorite songs and read some of his favorite poems. It was his birthday. He would have turned 42.

Since taking effect on March 5, 2009, 152 people have received lethal medication under the law, according to the Washington State Department of Health.

Washington’s law is similar to one enacted by Oregon voters in 1997. Oregon was the first state to allow people with terminal illnesses to ask their doctors for lethal medication. Lawmakers in Vermont, Massachusetts, Pennsylvania and Hawaii are considering similar measures.

Death with Dignity Act
Nearly 58 percent of Washington state voters in the 2008 election voted in favor of the Death with Dignity Act.

The law lets people living with deadly illnesses maintain some level of control over their lives, said Robb Miller, executive director of Compassion and Choices of Washington. The nonprofit organization supports terminally ill people seeking to end their lives.

“For some patients, having control improves the quality of life at the end of life,” Miller said.

Eileen Geller, a registered nurse and president of True Compassion Advocates, a Seattle-based nonprofit corporation that promotes awareness and prevention of suicide and assisted suicide, said providing lethal medications to ill people or seniors might pressure them to choose death simply to avoid being a burden or financial burden to loved ones.

“This act ends up steering some people toward assisted suicide,” Geller said. “The solution is to create compassionate, practical and helpful resources, not hand them lethal medications.”

The term “assisted suicide” is controversial among supporters of Washington’s law. Compassion and Choices prefers the term “aid in dying.”

The Death with Dignity Act does not constitute assisted suicide, according to the text of the law. State reports are not allowed to use the term.

Washington State Senate Bill 5378, introduced during the Senate’s most recent legislative session but never brought to a vote, would require doctors to list assisted suicide as the cause of death for people who choose to end their lives under the law. Sen. Margarita Prentice, a Democrat from Renton, Wash., is the primary sponsor.

Although the bill stalled during the most recent legislative session, it could be reintroduced in the future, according to Senate rules.

Currently, when a person dies of assisted suicide in Washington, doctors are required to list a person’s underlying terminal illness on the death certificate. In Oregon, death with dignity is listed as the cause of death.

Miller said listing assisted suicide as a cause of death would make it easier for extremists opposed to the Death with Dignity Act to search public death records to find and target doctors who prescribe life-ending medication.

Full Article and Source:
Death With Dignity Act May Face Amendment

TV Evangelist Charged With Abuse, Neglect of Elderly Mother and Disabled Husband

A Sullivan County TV preacher has pleaded not guilty to charges alleging abuse and neglect of her 92-year-old mother and 59-year-old disabled husband, who both required immediate medical care when they were removed from her home in February.

Brenda Viars, 59, pleaded not guilty to two counts each of physical abuse or gross negligence of an impaired adult, a Class C felony, and willful abuse, neglect or exploitation of an adult, a Class E felony during a formal reading of the charges in Sullivan County Criminal Court.

Attorneys Justin Pennington and Rick Spivey appeared with Viars . Following Viars' arraignment, Pennington asked the judge to "bar the (media) cameras" from the courtroom, citing a concern about pre-trial publicity and the possibility that it might "taint" the jury pool.

Sullivan County Criminal Court Judge Robert Montgomery denied Pennington's request, but told him he could present the motion again, in writing, and have a hearing on the issue on July 27. Citing the motion as evidence of their desire to proceed to trial, Montgomery also set a tentative Dec. 12 trial date.

Viars' charges allege she abused or neglected her mother between May 10, 2010, and Feb. 16, 2011, and her husband between Oct. 10, 2010, and Feb. 16, 2011.

Feb. 16 is when investigators with the Sullivan County Sheriff’s Office and Tennessee Department of Human Services allegedly found Viars ’ mother and husband living in squalor in an apartment adjacent to a church Viars was pastoring — the All for Jesus Church of God .

At that time, the Sullivan County Planning Department closed the church building and posted a notice declaring it unfit for human occupation due to infestation, garbage accumulation and obstructed walkways. Officials report the building was cleaned up by mid-March.

Viars’ mother and husband were both taken to Bristol Regional Medical Center for treatment.

A Tennessee Department of Human Services spokesman said he was told Viars' mother was initially placed in an assisted-living facility upon her release from the hospital, and that Viars' husband had to have part of one leg amputated.

The TDHS spokesman said that the Adult Protective Services division reports Viars' mother and husband eventually moved back in with Viars at the Blountville residence. He said the Adult Protective Services division reported conducting home checks in March, April and May and finding no concerns.

A Sullivan County grand jury returned sealed indictments against Viars on June 28. She was arrested June 30 and released on a $50,000 bond the same day.

Full Article and Source:
Sullivan County TV Evangelist Pleads Not Guilty to Abuse, Neglect of Elderly Mother, Disabled Husband

Friday, July 15, 2011

Marti Oakley's Interview on Rense Radio



Source:
YouTube

Ohio Guardianship Investigator Fired

Mahoning County Probate Judge Mark Belinky fired Donald D. Gaudio Jr., [7/14/11] from his position as deputy clerk and guardianship investigator, effective immediately.

The judge had put Gaudio on unpaid administrative leave on June 16, the day after Gaudio, 49, of Boardman, allegedly threatened to punch Samuel M. Moffie, a 51-year-old Boardman businessman, in the face in the county courthouse rotunda just before the swearing-in ceremony for county Treasurer Daniel R. Yemma.

A sheriff’s department report was filed, but no criminal charges were filed in that incident. “His conduct did not meet court standards,” Judge Belinky said of Gaudio, declining to elaborate.

In April 2010, Judge Belinky put Gaudio on two weeks’ leave pending an internal court investigation concerning other matters, docked him a week’s pay and reinstated him on a 120-day probationary period.

Full Article and Source:
Mahoning Co. Probate Court Judge Fires Investigator, Deputy Clerk

See Also:
Court Investigator Placed on Leave

Thursday, July 14, 2011

Abuse and Corruption Rampant in Probate Court of Cook County, IL

Appointment of ad Litem Guardian for Alice Gore

Consequently, Bev Cooper lost her Plenary Guardianship role and Judge Kawamoto granted Kimi Cooper guardianship of her grandmother. Judge Kawamoto was well aware of Kimi Cooper’s long-standing history of childhood psychiatric illness and that Kimi was unfit to carry out her guardianship role.

Shortly thereafter the Court, urged by Miriam Solo, removed Kimi as Guardian of the Estate and made her Guardian of the Person, thereby relegating Kimi to a puppet role. Miriam Solo was retained as Guardian ad Litem on the case.

Alice Gore, subsequently, under the direction of Guardian ad Litem Miriam Solo, was moved out of the apartment building owned by her cousin, Mr. Estofmes, into one of his nursing homes, at which time a feeding tube was inserted in Alice Gore’s stomach unnecessarily, for their convenience. In this facility Mrs. Gore’s health declined.

(To be noted: Mr. Morris Esformes has been under investigation by Lisa Madigan’s office in the past for allegedly placing homeless people into his public aid nursing home. These placements were done without proper criminal investigations prior to the placement. Regarding Probate Judge Lynne Kawamoto, an Associate Judge in Circuit Court, she was found not qualified in 1994 by the Chicago Council of Lawyers.)

Attempts by Beverly Cooper to bring her concerns about her mother’s decining condition to Judge Kawamoto resulted in Bev being restricted from visiting her mother without supervision for a number of years. Rehab Assist was assigned to supervise Bev, and allegedly brought false statements to Judge Kawamoto about Bev’s interactions with her mother while visiting, resulting in further visitation restrictions.

By the time Alice Gore died in February of this year, an estate worth over a million dollars was depleted. Annuity checks went missing and an inventory and accounting of how and for what checks were written has not been provided by the Cook County Probate Court, despite repeated requests by Beverly Cooper.

Alice Gore died a pauper. She lay six days in a morgue before her body could be claimed. To add insult upon insult, the Coopers had to pay for the burial of Bev Cooper’s mother, Alice Gore.

Full Article and Source:
Abuse and Corruption Rampant in Probate Court of Cook County, IL

See Also:
ProbateSharks

Abuse and Corruption Rampant in Probate Court of Cook County: The Case of Alice Gore, Beverly Cooper's Mother

'In the Matter of Tracy A. Bloodsaw'

2011 NY Slip Op 05881
IN THE MATTER OF TRACY A. BLOODSAW (ADMITTED AS TRACY ANN BLOODSAW), AN ATTORNEY AND COUNSELOR-AT-LAW:DEPARTMENTAL DISCIPLINARY COMMITTEE FOR THE FIRST JUDICIAL DEPARTMENT, Petitioner,TRACY A. BLOODSAW, Respondent.
1244, M-1244.
Appellate Division of the Supreme Court of New York, First Department.


Decided July 7, 2011.
Jorge Dopico, Chief Counsel, Departmental Disciplinary Committee, New York (Kevin M. Doyle, of counsel), for petitioner.
No appearance for respondent.
Before: Mazzarelli, J.P., Sweeny, DeGrasse, Richter, and Manzanet-Daniels, JJ.

--------------------------------------------------------------------------------
The Departmental Disciplinary Committee (Committee) now petitions for an order, pursuant to 22 NYCRR 603.4(e)(1)(i) and (iv), immediately suspending respondent from the practice of law until further order of the Court based upon her noncooperation with a Committee investigation and her failure or refusal to pay money owed a client. Although served, respondent has not submitted a response to this motion.

The Committee's motion is based upon two complaints filed against respondent alleging, first, that she failed to return monies owed to a client, including an admitted owed debt which led to an arbitration award in the client's favor, and second, that she mishandled a guardianship by failing to render annual accountings, leaving unexplained the whereabouts of certain guardianship assets, and by failing to explain why her ward's apartment was in a dilapidated, rodent-infested condition when she had claimed an expenditure of more than $50,000 for the apartment's repair and renovation.

We find that respondent's conduct merits immediate suspension from the practice of law.

Full Article and Source;
IN THE MATTER OF BLOODSAW

Wednesday, July 13, 2011

Abuse and Corruption Rampant in Probate Court of Cook County, IL

The Case of Alice Gore, Beverly Cooper's Mother

It might be questioned how individuals as people savvy as the Coopers could be caught up in a probate court swindle involving a loved one?

Both Coopers believe in law and justice and that the courts and those involved in the court system serve as protectors of the public and not predators. This same trust in the judicial system is held by the American people, which is why abuse of the most vulnerable is a nationwide problem.

As with so many individuals who have fallen prey to a growing uncaring and unjust judicial system, the Coopers trusted their attorney of 27 years, Karen Bowes and her associate Bruce Lange, who then guided the Coopers toward what was to become a hellish experience involving Bev Cooper’s mother.

As the story unfolds in 2008 (actual names are used as all are part of the public record), Beverly Cooper’s mother, Alice Gore, was living in an apartment building owned by Mr. Morris Esformes who likewise owned numerous nursing homes, to which Alice Gore had divulged her complete financial information upon moving in. At this point of time Bev Cooper had Power of Attorney for her mother’s health and financial needs, per her mother’s request, and Court-arranged by her attorney, Karen Bowes and associate Bruce Lange who works for Harris Bank and Trust.

Attorney Bowes was able to convince Bev Cooper that she should go to court to seek guardianship of her mother, being told by Bowes that guardianship trumped Power of Attorney. Represented by attorney Karen Bowes, Bev Cooper was granted Plenary Guardianship of her mother by Cook County Probate Judge Kawamoto. At the same time Judge Kawamoto appointed Miriam Solo, a cousin of apartment building owner, Mr. Morris Esformes, to serve as Guardian ad Litem on the case.

The plot thicken. Beverly Cooper’s attorney, Karen Bowes, and the court-appointed Guardian ad Litem, Miriam Solo, cousin to Mr. Morris Esformes, had been close friends for ten years. Karen Bowes knew that Bev and Ken Cooper had a daughter born with severe personalty disorders and psychotic problems for she had served as legal counsel to the Coopers for psychiatric and legal issues their daughter Kimi had endured during her childhood. As such Miriam Solo had heard about the Cooper family and realized their was money involved with Beverly’s mother, Alice Gore.

Bev Cooper’s Plenary Guardianship turned out to be short-lived, from February to August, 2009. It was then that Beverly Cooper’s mentally disabled and psychotic daughter, Kimi Cooper, was set up to make a complaint to Judge Kawamoto against her mother. Kimi testified that her mother had stolen $300,000 from her grandmother’s account, which was found to be an error made by the bank. It never happened.

Full Article and Source:
Abuse and Corruption Rampant in Probate Court of Cook County, IL

Note: To be continued....

Providing for Your Pet's Future Without You

Holland resident Frank Martin's unexpected death on June 12 left his two Basset hounds, Harley, 4, and Davidson, 6, without a home or family.

Mr. Martin -- like many pet owners -- never made legal plans for his canine companions in the event of his death. These hounds appear to be lucky -- the list of those offering to adopt them is long.

But had no one stepped forward, the outcome could have been bleaker -- the dogs could have been split up or even faced death.

"That is why it is so important to make provisions in the will and that there is somebody who knows when you pass away that there are provisions," executive director of Toledo Area Humane Society John Dinon said while explaining the possible consequences of failing to make post-death pet care plans.

In a document titled "Providing for Your Pet's Future without You," the Humane Society of the United States recommends that pet owners delegate temporary care-giving responsibility to friends or relatives in the event of an emergency, in addition to making permanent care plans in a legal document.

Full Article and Source:
Owners Urged to Make Provisions for Pet in Will

See Also:
Providing for Your Pets Future Without You

Tuesday, July 12, 2011

Estate Resources Inc. (Estate Guardians) Face New Swindle Complaints

Legal problems are mounting for the two operators of Estate Resources Inc., a defunct Minnesota company that provided guardianship, conservatorship and estate administration services with court approval.

On July 26, Terri Ann Hauge of Edina and Terrance Larpenteur of Phoenix, Ariz., are scheduled to appear in Hennepin County court to face allegations that they stole at least $53,000 from an estate they oversaw.

In March, Whistleblower reported how Hauge and Larpenteur had amassed one of the state's largest portfolios of guardianship cases, despite complaints dating to 2000 and Hauge's troubled past as a lawyer whose license was suspended in 1995 for misconduct.

Last year, Hauge was charged in Rice County with nine felonies and a misdemeanor after investigators determined she had stolen $68,000 from the vulnerable adults whose affairs she managed, court records show.

Hauge is scheduled to go to trial on those charges in October. Now she and Larpenteur, her former business partner, each face a felony charge of theft by swindle in Hennepin County.

The criminal complaints, filed June 16 by Hennepin Sheriff's detective Shawn Gullickson, describe how Estate Resources was appointed by a judge to handle the $1.4 million estate of an Edina man, Foster A. Green, who died in November 2003.

In a 2008 hearing, Hauge said she didn't know what happened to the missing $116,000 because Larpenteur moved to Arizona and had the file. But according to the criminal complaint, Hauge told Gullickson that "Estate Resources had been falling behind financially, and defendants took extra money from the account to keep the firm afloat."

The complaint alleges that Larpenteur and Hauge paid themselves $53,063 more than their approved expenses.

Full Article and Source:
Estate Guardians Face New Swindle Complaints

Man Accused of Neglecting Wife to Death Will Not Stand Trial

A Manassas Park man arrested in connection with his wife's death will not stand trial on his charges, after the Prince William County Commonwealth's Attorneys office decided not to prosecute the case.

Barry J. Karsh, 62, of 123 Evans St. was arrested in April and charged with abuse and neglect of a vulnerable adult.

Karsh’s estranged wife, Jennie Karsh, of Manassas was found dead in her home at 9504 Park St. on Aug. 11. Authorities who responded to the scene said the victim was in poor physical condition and appeared to weigh less than 90 pounds.

Officers investigating Jennie Karsh’s death spoke to social services employees who said Barry Karsh had inquired about how to get his wife committed.

They, in turn, gave him instructions on how to become his wife’s legal guardian.

Barry Karsh told police he’d tried to obtain guardianship over his wife, but her daughter wouldn’t let him, according to the affidavit.

The victim’s daughter told police that Karsh’s statement about her wasn’t true and that she had actually offered to pay for an attorney and help him with the guardianship process, but he hadn’t followed through.

Full Article and Source:
Manassas Park Man Accused of Neglecting Wife to Death Will Not Stand Trial

See Also:
Man Charged With Neglecting Mentally Ill Wife to Death

Monday, July 11, 2011

NY Supreme Court Appellate Division Will Not Dismiss Gary Harvey's Suit Against Judge, County and Appointed Attorney

Motions were denied by the state Supreme Court's Appellate Division to dismiss a lawsuit seeking to force Chemung County to prove it did not exceed its legal authority in its guardianship of a Horseheads man.

The suit was filed by Sara Harvey of Horseheads, who has been fighting for guardianship of her husband Gary.

In its June 30 ruling, the Appellate Division's Third Judicial Department in Albany denied the county's motions to dismiss the suit. The ruling also orders Supreme Court Justice Judith O'Shea, state Mental Hygiene Legal Services Attorney Kevin Moshier and the county Department of Social Services guardian to file responses by Aug. 1.

Now 60, Gary Harvey suffered a traumatic brain injury following a heart attack and subsequent fall down a flight of stairs in January 2006. She had sought legal guardianship of her husband, but the county Department of Social Services was appointed as his legal guardian indefinitely.


Full Article and Source:
Court Won't Dismiss Suit Against Chemung County

See Also:
HelpBringGaryHome

Faux Intern Accused of Swindling Man With Dementia

A woman, claiming to be a physical therapist intern, is accused of swindling $65,000 from an elderly, dementia-addled man.

Joanne Ayoube, 30, was arrested after she tried to get the 95-year-old victim to change his death benefits at a financial institution, according to the Fort Bend County District Attorney’s Office.

She is now charged with theft from an elderly person and is being held at Harris County Jail without bond.

Ayoube was posing as an intern at HealthSouth Sugar Land Rehabilitation Hospital when she met the victim, a district attorney’s office spokeswoman said. She did not have a PT license.

Full Article and Source:
DA: Faux Intern Swindles Dementia Patient

Sunday, July 10, 2011

Omaha Lawyer Suspended for Actions in Family Guardianship Dispute

The Nebraska Supreme Court suspended an Omaha attorney's law license for two years Friday, citing improper conduct connected to her handling of court filings in a family legal dispute.

Julianne Dunn Herzog failed to tell a Douglas County judge about court papers she had filed in a dispute over guardianship of her elderly mother and had filed the papers to "harass and embarrass" a brother who served as their mother's appointed guardian, the court said in its ruling.

The court's Counsel for Discipline had charged Herzog with four alleged violations of the Nebraska Rules of Professional Conduct. After a hearing, a referee determined Herzog had violated three sections of the rules and recommended she be disbarred.

In its ruling, the court noted Herzog's misconduct had only happened "in the context of emotionally charged and highly personal matters," and said she was not likely to behave in such a way with other clients. They also pointed to Herzog's claim that she was facing emotional, health and financial problems.

"Herzog's repeated and obsessive acts of misconduct" in her mother's guardianship and conservatorship proceedings "do not warrant leniency," the court wrote. "But, in our opinion, they are not so egregious as to warrant disbarment."

In its ruling, the court said Herzog has disagreed with her siblings about virtually everything related to the guardianship case and had faced disciplinary action in the case twice before. A lower court judge appointed Herzog's brother as their mother's guardian, and concluded it was in her best interests to live at an assisted living facility in Minneapolis. The brother was authorized to control visitation and telephone calls, and to have sole contact with their mother's living facilities.

The court said Herzog filed various motions in the guardianship case, claiming to represent her mother's interests, when she actually had been granted leave to withdraw. She received a private reprimand from the Council for Discipline.

Her second disciplinary action in 2008 resulted from evidence showing she filed two notices of appeal and a petition for further review on her mother's behalf. The Nebraska Supreme Court issued a three-month suspension for her "continued unethical behavior," followed by one year probation.

The third action, which prompted Friday's suspension, originated with a July 2008 court hearing on Herzog's filings to remove her brother as their mother's guardian. Herzog had referenced bruising on her mother's arm as evidence of possible abuse, and said she had been unable to learn other details about her mother's health.

A judge later learned Herzog had filed the same court documents in Minnesota, where her mother lives, three days before the hearing without telling him. When the judge questioned her, according to the ruling, Herzog raised her voice and accused the judge of abuse. Herzog said she did not know that the documents had been filed at the time of the July hearing, the ruling said.

Herzog, in an interview, said she was "sickened" by the court system, which she said has failed to protect her mother's money and health. She said she was acting in a personal, private capacity and was represented by a Minneapolis lawyer who had advised her to file the court papers in Minnesota.

Herzog said her 88-year-old mother is in a Minnesota facility, and that her brother terminated her visitation rights 20 months ago. She said her mother has broken her wrist twice at the facility, has lost weight and suffered other injuries.

Full Article and Source:
Neb. Supreme Court Suspends Omaha Attorney's Law License for 2 Years Amid Family Legal Dispute

See Also:
State v Herzog

Boise Lawyer Gets 10 Years

Do you remember Joy Cassidy?

She is the 75-year-old woman who dumped mayonnaise, maple syrup and ketchup in a library book drop.

While Cassidy was fighting her case, she became the victim of another crime.

Cassidy paid her lawyer, Richard Bergesen, $152,000 to represent her. Lawyers we talked to say she should have only paid $3,000.

Ada County prosecuting attorney Jonathan Medema said Bergesen played off Cassidy's fears of going to jail to get thousands of dollars more.

It started when Cassidy dumped condiments in an Ada County library book drop in 2009. She hired attorney Richard Bergesen to help with her case.

"He was telling her that he needed this money to keep her out of prison,” said Medema.

Bergesen first asked for $50,000, then he said he needed $100,000 more. Cassidy paid the outrageous sum because she was scared of going to jail.

"Well, there is usually no limit on people who are stealing money, you know he can take it, so he'll just keep taking more," said Medema.

Bergesen was sentenced Wednesday to 10 years in prison. He will be eligible for parole after three years. He must also pay more than $153,000 in restitution.

Cassidy pleaded guilty to dumping condiments in the library book drop. In January, a judge sentenced her to at least a month in jail.

Full Article and Source:
Boise Attorney Gets 10-Years for Stealing From Elderly Client

Boyd Davis Arrested

Authorities on Tuesday charged Boyd Davis Jr., the embattled former owner of a Chester County oil company, with committing a “massive theft” of his late parents’ assets.

In court documents, authorities allege Davis used a complicated scheme of financial and legal transactions to take money from his parents’ estate.

Davis, 70, of East Bradford, surrendered to Chester County Detectives and was arraigned about 10:30 a.m. before Magisterial District Judge Gwenn Knapp. He was released on $250,000 unsecured bail and faces counts of theft by deception, theft by failing to make required disposition of funds, receiving stolen property, forgery, misapplying entrusted property and dealing in proceeds of unlawful activities.

A preliminary hearing has been set for July 21.

The accused’s father, Boyd Davis Sr., started the Moulton H. Davis Estate Oil Co. in 1955 as an offshoot of the family’s lumber business. At the heart of the allegations against Davis Jr. is a $500,000 mortgage that investigators say he fraudulently acquired on his mother’s home on West Strasburg Road outside West Chester to pay off a debt to a friend, which in turn had been used to pay off other debts from other friends and other personal expenses.

Detectives say Davis switched funds from a Commerce Bank account set up to hold his parents’ assets to accounts of his own in the bank. They allege he also used deposits to an account of the oil company for his own purposes, even though they should have been split with his younger brother, Brooke Davis Sr., as co-owner of the business.

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Boyd Davis Arrested

Saturday, July 9, 2011

Bank Let Pair Draw Son's Settlement

Since a 2010 World-Herald investigation revealed shortcomings in the court oversight of wards, authorities have scrutinized the guardians, lawyers, even judges who failed to protect the finances of people who can't protect themselves.

Now a lawsuit is targeting another cog in the preservation of a ward's assets: the bank.

An Omaha attorney has filed a lawsuit against First National Bank for allowing a couple to withdraw $48,000 — a settlement that was supposed to go to their son, a gunshot victim.

The problem: The account was stamped with the note “no withdrawals without court approval” — and the judge hadn't granted such permission.

The next problem: Neither the judge nor court staff noticed that the account was empty for more than a year.

Omaha attorney Thomas Harmon is trying to recover the money on two fronts in the case that began with the shooting of a 2-year-old boy.

First, Harmon has secured a judgment against the boy's parents, former Omaha residents Blia and Sy Vang.

Second, Harmon has taken aim at the bank that allowed the lump-sum withdrawal.

While much attention has been given to the court-appointed guardians who have stolen from the people they were appointed to protect, judges and lawyers say they are much more likely to find finagling among family members.

Harmon said parents in particular often feel they have a right to their child's money.

“You'll have people say ‘Why can't I take the money? My kid needs a car,' ” Harmon said. “Well, the answer is simple: ‘It's your child's money, not yours.'

“In these cases, that money may be for a surgery down the road or to replace the child's lost earning capacity. It isn't to supplement mom and dad's income.”

First National Bank spokesman Kevin Langin declined to respond to the lawsuit, saying the bank “does not comment on issues regarding customer accounts or on matters involved in litigation.”

Harmon, who has worked in probate court for more than 20 years, said such cases are rare but not unprecedented.

Ten years ago Harmon sued U.S. Bank after a father emptied more than $100,000 from his son's account without court authorization. The father later admitted he used the money to feed his cocaine addiction, Harmon said.

It's unclear what the Vangs did with the $48,000. The couple, whose last known address was in Coon Rapids, Minn., couldn't be reached for comment.

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Bank Let Pair Draw Son's Settlement

Rothstein Protected for Six Months

Lawyers seeking damages for the victims of admitted Ponzi schemer Scott Rothstein must wait until December to question him, a judge in Florida ruled.

Rothstein, sentenced to 50 years in prison for his crimes, is in protective custody and cooperating with prosecutors. U.S. District Judge James Cohn refused to shield him from questioning entirely in civil cases involving his fraud but granted a prosecution request for a delay, the South Florida Sun Sentinel reported.

Until his empire came crashing down, Rothstein appeared to be one of South Florida's most successful lawyers. His firm, which employed 70 lawyers, had offices in Boca Raton, Miami, West Palm Beach, Fort Lauderdale and Tallahassee as well as New York and Caracas and had major corporate clients.

When he pleaded guilty, Rothstein admitted the law firm was kept afloat through an investment business that he used to steal millions of dollars.

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Judge Protects Ponzi Schemer for 6 Months