The lesson of the cases involving the nursing home cabal, Sykes, and Tyler is that in these Elder Abuse, Financial Exploitation cases there is a ‘new reality.’ Objective reality is irrelevant to the political elite; the Court appointed guardians, the Courts, law enforcement, our elected representatives and the regulators. Instead of enforcing the law, we promulgate new legislation and muzzle those who speak out,all to the end of depriving ‘grandma’ of her liberty, her property, her civil rights and her human rights and most importantly unjustly enriching the favored few.
If you examine the nursing home cases, the over-charges are legend. The cabal charges Medicare, Medicaid, etc. for undelivered utilities, management that never occurs, transportation that is not utilized, drugs administered that werenot needed (or which are grossly inflated in price) etc. In the financial exploitation of the senior citizens, the Tyler case and the Sykes case are examples of the problem. Ms. Tyler resided in Lake Pointe Tower and had an estate of approximately $8,000,000.
Guess who paid for the ‘care that she received?’ It does not require agenius to examine the guardian’s claimed valuation.
Sykes only had a million dollar estate andinsurance from her husband’s former employer – The City of Chicago. Guess who is being charged for her lack of care?
Governor Quinn wants to raise taxes and cut services. President Obama wants to raise taxes. After dozens of letters from the victims(including friends and family of the affected seniors) do you notice the hue and cry generated? Indeed, do you see the two attorneys who unconscionably threaten and harass the heirs of Lydia Tyler being investigated by the IARDC? Do you see law enforcement pursing an inquiry into the suspicious circumstances surrounding Ms. Tyler’s death or the non-inventory of her assets? Indeed, do you see any effort on the part of law enforcement to free Mary Sykes and restore her liberty, her property andhuman rights? It is now admitted that the guardians have something to hide as they have not only rejected the call for a full and complete investigation of the charges made in Sykes, but have successful enlisted the IARDC to attempt to silence dissent.
Indeed, those who speak out can be expect bepunished. The two Marys’ were found in criminal contempt for their audacity. They were fined. Gloria Sykes was not only forced into Bankruptcy, but, the intellectual property (book notes, research, and othermaterials) were confiscated. Right herein the United States of America the plenary guardian of Mary Sykes appeared with Sheriff’s officers and removed her property. As Ms. Sykes is a targeted person, all she can raise is a deaf ear. Even thoughthe Probate Court had no jurisdiction, it fined me almost $5000.00. The Appellate Court vacated the sanction,but the IARDC is now prosecuting me for my audacity in writing the augustpersons and others demanding an investigation. (Or that they do theirjobs!)
That is the background.
It is my estimation that the over-charges generated out of the nursing homes are quite significant. The ‘loot’ from senior exploitation and charges to the State of Illinois and the United States of America is also quite significant. The charges to the State by the exploiters are similarly significant. Finally the cost of promulgating andpassing legislation that is intended to provide window dressing and placate thedissent is also significant.
How much does it costs to employ lawenforcement dedicated to assist the exploiters? What is the cost of CYA?
My proposal is very simple. We have enough legislation and unenforcedlaws. Quinn is cutting essentialservices to those who need them but funding the miscreants. There is something wrong with that picture. LET US ENFORCE OUR LAWS!
If we enforce our laws:
1) Fiduciaries that prey on the elderly pay taxes on their unjust enrichment. In Sykes the net gain to the USA is slightly over a million dollars intax, penalties, and interest. In Tyler,it is slightly over eight million dollars.
2) The over-payments by the State of Illinois and the United States of America would have to be reimbursed.
3) The inappropriate charges would not beincurred in the first place, families would take care of their own, and theassets of the senior would be utilized first to provide for his/her care.
4) Certain favorites within the legal community might have to find gainful employment
5) The need to cut essential services would be lessened.
There are also benefits (such as respect for law, respect for the court, respect for our institution, etc.) For Gloria Sykes and the Tyler family, releasefrom bondage and for society in general the assurance that America in 2012 isnot becoming a Gulag. Democracy is not a spectator sport.
Ken Ditkowsky
www.DitkowskyLawOffice.com
LET US ENFORCE OUR LAWS?
ReplyDeleteIf a nation wants to ensure this, and so far ours doesn't (as police detective Joe Roubicek made clear in Chapter 6 of his book Financial Abuse of the Elderly), its constitution needs to include a provision that
1) GUARANTEES EVERYONE, WITHOUT EXCEPTION, WHO HAS EVIDENCE of injury due to negligence and wrongdoing by anyone else, without exception, the opportunity to FREELY and FULLY present their evidence to a JURY that is empowered and obligated to investigate, judge and remedy legitimate complaints in a timely manner, and
2) HOLD ACCOUNTABLE ANYONE, without exception, who obstructs or fails to uphold this right
Because our constitution lacks this provision, we are easily denied the justice which many of us expect our constitution guarantees, especially its FIFTH and SEVENTH AMENDMENTS, according to which
• No person shall be ... deprived of life, liberty, or property, without “due process of law”, and
• In Suits at common law, where the value in controversy shall exceed twenty dollars, the” right of trial by jury” shall be preserved ...
If our constitution included the omitted provision described above, “due process of law” would require just what this provision says in all matters, both criminal and civil.
Thank you, attorney Ditkowsky
ReplyDeleteVery well stated! Can we clone Ken Ditkowsky? He is an asset to society.
ReplyDeleteWell said, Ken D. Also, let us not forget the abuse of OBRA Special Needs Pooled Trusts on the 18th floor of the Daley Center in Chicago. Wards' entire estates are depleted by attorneys and guardians, and the wards are placed in public aid nursing homes... a part of the cabal. The taxpayers foot the bill for the barest necessities in public aid facilities, while the guardians, GALS, and attorneys bask in the oceanside homes counting the wards' money.
ReplyDeleteSomething needs to be done about thei Medicaid fraud and abuse.