Saturday, October 6, 2012

Brooke Astor home auction fetches $18.8M in NYC

NEW YORK (AP) — An auction of the contents of philanthropist Brooke Astor's two homes brought in over $18.8 million, Sotheby's said Tuesday.

Sotheby's offered 901 objects in all, including European and Asian furnishings, Old Masters, Qing Dynasty paintings, tea sets, silverware, jewelry, a porcelain menagerie, more than 100 dog paintings and even the uniforms of her domestic staff at a two-day auction that began Monday.

Proceeds will go to institutions and charities, including the New York Public Library and the Metropolitan Museum of Art, under a settlement negotiated by the state attorney general's office.
The collection had expected to fetch just $6 million to $9 million.

The sale concluded Tuesday evening with a selection of jewelry from Astor's personal collection. Among the highlights was Astor's emerald engagement ring, which sold for more than $1.2 million.

Full Article and Source:
Brooke Astor home auction fetches $18.8M in NYC

See Also:
Too Sick for Court?

Judge says Minnesota man with guardian can vote

A Hennepin County judge on Thursday ruled that a man under guardianship may vote, saying the Minnesota Constitution's removal of voting rights from people with guardians violates the U.S. Constitution.

Judge Jay Quam's order is a victory for Brian W. Erickson, who suffers from schizophrenia and is under guardianship but remains high-functioning. It's the second court ruling in the past two months that affirms voting rights among people who have court-appointed decision-makers.

An attorney for Erickson's guardian this year challenged Article VII of the state Constitution that bans a number of classes of people from voting, including those "under guardianship." That article contradicts language in state statutes that guarantees wards' right to vote unless it's taken away by a judge.

An estimated 22,000 Minnesotans have guardians because of advanced dementia, mental illness and other disabilities. In a 26-page order, Quam ruled that the language in the Minnesota Constitution is too broad.

Full Article and Source:
Judge says Minnesota man with guardian can vote

Friday, October 5, 2012

Mary Sudovar: The Children at War

Born in the early 20th Century, Mary has lived through a major depression, two World Wars, Korean War, Cold War, Bay of Pigs, Vietnam, Desert Storm, and war in Afghanistan, but most likely none of these prepared her for the war between her children. Children that she had cuddled lovingly to her breast. Children she saw as precious gifts to be loved unconditionally & protected with all the energy and might of her heart and soul. Children she laughed with and cried with, while always delighting in the tiniest of accomplishments of each.
The years from the first time Mary saw her wee ones to now have been many. Not all have been delightful. Some have been touched with sadness and desperation. One can only wonder just how much Mary knows about the war between her children and what her response would be, if she were actually aware of the entirety of what has taken place. Perhaps, for her, it is better that she not know, but for the wounded — there may be no return from the brink of hell that denies one child the ready comfort of a mother’s arms and elevates the others to a perch of temporary control they shall never be able to undo or be free of. The dark cloak of decisions made shall forever be theirs to haunt them in the night as they perhaps wonder if their decisions were made in good faith and for good cause or if they denied their mother her child for wrongful reason.

Full Article and Source:
Mary Sudovar: The Children at War

Modena to Announce Discipline on Judge's DUI Stop

Bibb County's sheriff will announce Thursday whether he'll discipline the officers who reportedly let a judge drive home after he failed a DUI test.

Jerry Modena has scheduled a news conference for 2 p.m. Thursday, according to a spokesman Sean DeFoe.

He said Modena is meeting Wednesday with the officers involved in the traffic stop for Bibb County Superior Court Judge Howard Simms. The sheriff says Simms registered a .083 on a breathalyzer test -- above the normal standard for drunken driving.

Full Article and Source:
Modena to Announce Discipline on Judge's DUI Stop

Thursday, October 4, 2012

Former court-appointed guardian charged with Grand Larceny

A trial is scheduled to begin on September 18, 2012, for attorney Raymond Alfred Jones, who has been charged by the Kings County District Attorney’s Office with Grand Larceny in the 2nd degree. Mr. Jones will be represented by defense attorney Anthony Ricco. The trial will be presided over by Judge John Walsh. The charge against Mr. Jones arises from his alleged mishandling and ultimate breach of his fiduciary duties as the court-appointed guardian and trustee of the estate of various incapacitated persons.

In 2011, in two separate cases, Matter of Jones 2011 NY slip Op 50501(U) and Matter of Josephine R., 2011 NY Slip OP 51046(U), Mr. Jones was found to have abused his role as fiduciary. In Matter of Jones, Mr. Jones served as the court appointed trustee and guardian for Mr. Roy L., an incapacitated person who was born with devastating bodily deformities and received a lump sum net settlement of $684,700.00 in a wrongful life lawsuit. Mr. Jones also served as legal counsel to Mr. Roy L. and his mother, Ms. Elaine DeJesus. During his role as guardian, Mr. Jones offered to purchase, on behalf of his ward, a home located at 1079 Sterling Place and retrofit the home to accommodate the ward’s disabilities. The home, in alleged disrepair, was owned by a business associate of Mr. Jones. In 2009, Mr. Jones purchased 1079 Sterling Place from his business associate for the purchase price of $111,00.00 (approximately $36,000.00 more than Mr. Jones previously attested the home was worth) and hired his associate to renovate the home for $121,800.00. According to court documents, Mr. Jones did not seek prior court approval to purchase or renovate 1079 Sterling Place. Mr. Jones did, however, receive court approval approximately nineteen months after the purchase of the home. During the renovation, Mr. Jones convinced his ward and Ms. DeJesus to rent the basement apartment of his business associate in the interim. The guardianship order and judgment for Mr. Roy L. limited monthly rent contributions to $300.00. The rent paid to Mr. Jones‘ associate for a basement apartment was $1,200.00 per month, in excess of the ward’s allotted rental contribution and was paid exclusively from the ward’s estate. Approximately two years after the renovations began, the ward and Ms. DeJesus were allowed to move into 1079 Sterling Place. The renovations, however, were never fully completed under Mr. Jones‘ tenure as guardian. In 2004, Mr. Jones was removed as guardian/trustee for Mr. Roy L.

Full Article and Source:
Former court-appointed guardian charged with Grand Larceny

Supreme Court Upholds Damages Against Judge

CARSON CITY, Nev. (AP) - The Nevada Supreme Court has upheld a $50,000 defamation judgment against a former Clark County judge.

Justices on Wednesday rejected an appeal by Elizabeth Halverson seeking to overturn the damages awarded to her former assistant, Ileen Spoor.

Spoor sued the judge in 2007. She claimed Halverson defamed her with reports to police and media that Spoor was conducting an illegal ticket-fixing operation and was arranging for friends to avoid jury duty.

Full Article and Source:
Supreme Court Upholds Damages Against Judge

Wednesday, October 3, 2012

New Book in Progress!

Disposing Of The Elderly For Profit

~The following is the second chapter of my latest book, which is a work in progress.

~This is an expose that provides a panoramic view of the devastation and corruption of exploitation crimes that even seasoned criminal investigators are unaware of.

~I would appreciate your ideas and comments so feel free to contacct me via email from my website.

~A new chapter will be posted on the 1st of each month. I hope that you enjoy these few pages and get a few "I didn't know that's" along the way!~

The elderly account for over a third of the economic crimes victims in the nation.  Of these, exploitation victims are the most devastated.  Bank  accounts and multi-million dollar estates can be quickly wiped out with little risk to the predator because victims, due to the infirmities of aging, are often incapable of understanding financial matters. The problem is compounded due to tight police budgets that prevent the additional manpower, time, and training necessary to protect those who cannot protect themselves.

While elderly crime is widespread, few specific details are provided due to confidentiality issues and lack of reporting. The media can have access to arrest affidavits that focus on financial charges that are actually filed, but abuse and neglect may not be mentioned because the evidence was insufficient for additional charges.  The point is that violent abuse crimes can go unreported, even when financial charges are levied against an exploiter.
The following case provides a more detailed account of a predator who was finally charged with both financial and violent crimes. She was a bold woman on a brazen crime spree.  Although her crimes were reported in a timely manner, it took 10 months for the police to arrest her.
See  FinancialAbuseOfTheElderly

Read Joe Roubicek's First Book, "Financial Abuse of the Elderly: A Dective's Case Files of Exploitation Crimes"

In a sentence, Florida's exploitation law (FSS 825.103) states that when someone maliciously takes the property of an "elderly person," they are committing exploitation. That's the essence of the law. 

Tuesday, October 2, 2012

Elderly Man Can Sue Conservator, Attorney for Nursing Home Stay

The Second Circuit Court of Appeals ruled this week that a court-appointed attorney and a conservator involved in an elderly man’s improper conservatorship were not entitled to absolute federal quasi-judicial immunity.

The plaintiff in the case, Daniel Gross, sued after spending 10 months in the locked ward of a Connecticut nursing home while under involuntary conservatorship.

Gross, an octogenarian New York resident, sought treatment in a Waterbury, Connecticut hospital in 2005. While there, a hospital employee filed an application for appointment of a conservator in Waterbury Probate Court. No one knows why.

The probate court appointed Jonathan Newman to represent Gross in the involuntary conservatorship action. Despite the fact that the hearing did not conform to the proper notice procedure, that Gross was not a Connecticut resident, and that Gross appeared to be alert and intelligent at the time of hearing, Newman concluded that there was no legal basis to deny the application
The probate court named Kathleen Donovan as Gross' conservator. Soon thereafter, Donovan placed Gross in a "locked ward" in Grove Manor Nursing Home, where he stayed until the Connecticut Superior Court granted his habeas petition. (The Superior Court described Gross' conservatorship as a "terrible miscarriage of justice.")

Gross sued Donovan and Newman for civil rights violations. The district court dismissed his claims, reasoning that all three enjoyed quasi-judicial immunity.

Full Article and Source:
Elderly Man Can Sue Conservator, Attorney for Nursing Home Stay

See Also:
The Daniel Gross Case Decision: Standing Up for the Elderly and Infirm


The state Supreme Court is taking a tougher stand on how lawyers are being punished, ordering the State Bar of California to take a second look at more than three dozen cases of disciplined attorneys.

The court’s move to turn back so many cases is unprecedented, and has sent a jolt through the state’s legal community.
The justices did not say what it was about the misconduct cases that required additional review, but bar officials and lawyers who follow the discipline process said it is clear the court questioned whether the punishments were too lenient.

That means the cases against 42 lawyers, including four from San Diego, that once appeared settled are now in doubt. The misconduct in the cases runs the spectrum:

• A lawyer in Berkeley who represented a man charged with murdering a journalist smuggled a letter out of jail for him, then lied about it to police. Prosecutors said the letter was a hit list for witnesses against him in his upcoming trial. The bar settled the matter with a six-month suspension.
• A Newport Beach lawyer collected more than $100,000 in fees for working on loan modifications for clients in nine states. He wasn’t licensed to practice law in any of the states, and in some of the cases did little or no work. The lawyer received a one-year suspension.

• San Diego lawyer Steven A. Guilin agreed to a six-month suspension of his license for misconduct in two instances, including forging a client’s signature and another lawyer’s, State Bar records show. He referred questions to his attorney, who declined to comment while the disciplinary matter is pending.

Full Article and Source:

Federal judge dismisses Arkansas judge's lawsuit

LITTLE ROCK, Ark. (AP) — A federal civil rights lawsuit by an Arkansas Circuit Court judge against the Arkansas Judicial Discipline and Disability Commission and the commission director has been dismissed.
U.S. District Judge Joseph Bataillon ruled that Judge L.T. Simes (SIMS) has no pursuable claim because the Arkansas Supreme Court twice refused to remove Simes from the bench — despite the commission's recommendations.
The Arkansas Democrat-Gazette reports ( ) that Simes — who is black — claimed that the commission and Executive Director David Stewart treated him differently from white judges.

Full Article and Source:
Federal judge dismisses Arkansas judge's lawsuit

Monday, October 1, 2012

Retired chiropractor returns to being a free man

A retired chiropractor who was under a guardian due to poor health and who became the center of an acrimonious legal battle between his wife and children is free to run his life, a judge ruled Wednesday.

James Chism, 75, of Clinton Township, who practiced for many years in Macomb County, smiled as he walked out of a courtroom at Macomb Probate Court in Mount Clemens moments after William Monaghan was removed as his guardian. Chism declined to comment.

“He’s made remarkable progress,” said his attorney, Patricia Patterson-Courie. “He’s got his driver’s license. He’s passed all of the tests.”

Two neurologists attested in letters that Chism can function and take care of himself without a guardian, said Monaghan, who supported his removal.

Tests show he has “mild cognitive impairment but that is normal for his age,” Patterson-Courie said.

It’s clear and convincing evidence that he should return to making his own decisions,” Judge Pamela Gilbert O’Sullivan said.

The development did not please his son, Steve Chism, who said he remains concerned about his father’s health. Attorney Richard Kent, representing the children, however, in the courtroom did not object to the removal, noting he had no legal basis.

He is not free by any stretch,” Steve Chism said in an email Wednesday after the hearing. “I am very sad that the same court that gave my dad a death sentence by authorizing his commitment has now left him at the mercy of” his wife, Karen Chism.

Full Article and Source:
Retired chiropractor returns to being a free man

See Also:
Family Members Battle Over Sick Man's Care

Osceola Court Clerk faces Ethics Commission discipline

KISSIMMEE – The Florida Commission on Ethics announced Wednesday that it has found probable cause to show that Osceola County Clerk of Court Malcom Thompson misused his position to intimidate court clerk employees.

Thompson now faces a public hearing and up to a $10,000 fine if he does not seek a settlement over "using his position to intimidate Osceola County Clerk of the Court employees in order to enhance his personal and political power," according to the finding signed Wednesday morning.

The investigation reviewed the same allegations that led to Thompson's removal from office in January. He was later acquitted in back-to-back criminal trials on charges of battery and assault. But the ethics panel looked at possible corruption rather than workplace-violence allegations.

Thompson was not in the courthouse Wednesday but his attorney, Mark Herron of Tallahassee, challenged the commission's finding.

"We're actually looking forward to a hearing in front of an administrative law judge," Herron said in a telephone interview. "We're going to vigorously defend this…I don't think there is any violation of the code of ethics at all."

The ethics complaint was filed by clerk's Human Resources Director Kim Zander, who first alerted the Osceola County Sheriff's Office in January about allegations that Thompson hit an employee and threatened her as well for reporting the incident, records show.

Removed from office by Gov. Rick Scott in late January, Thompson was reinstated in May after his acquittal of battery in the first trial and the second trial ended in a judicial dismissal of the assault charge.

The new findings stated Thompson tried to convince Zander and other employees not to report the Dec. 29 incident when he was accused of striking executive secretary Latifa Ramdani during an argument.

It also accused him of insinuating that they "could lose their jobs if a new Clerk was elected" in the then-upcoming primary election, which Thompson lost last month.

Full Article and Source:
Osceola Court Clerk faces Ethics Commission discipline

Why Britney Spears Won't Testify in Sam Lutfi Trial

When it comes to the ongoing legal battle between Britney Spears and her former manager Sam Lutfi, E! News can confirm that the pop singer will not be taking the stand when the trial starts next week.

And here's why...

E! News has obtained the witness list for Lutfi's defamation trial against Spears and her parents, but Brit's name isn't on that list because the probate judge issued an order stating that since she is still under a conservatorship, she cannot be called to testify.

Judge Reva Goetz, who has been overseeing Spears' conservatorship since 2008, ruled that putting Britney on the stand would cause her "irreparable harm and immediate danger."

Full Article and Source:
Why Britney Spears Won't Testify in Sam Lutfi Trial

See Also:
Britney Spears Has Had ENOUGH Of Her Conservatorship!

Sunday, September 30, 2012

"T.S. Radio" TONITE!

Financial Exploitation of the Elderly With Guest David Kessler

Exploiting our elderly out of their life long savings and property is far more than stealing material items, it goes deeper. It is the THEFT OF THEIR DIGNITY.

David Kessler’s presentation will allow the audience to hear from the victims and how these crimes have impacted their lives and also from the predators who victimize and how they located and exploited America’s senior citizens.

The RED FLAG warning signs that are almost always present but overlooked by the family, friends, and business associates of the elderly victim will be discussed to bring quicker awareness to the victimization.

How to handle the problem once it is exposed and where to go for assistance is a major topic of the training.

If you interact with senior citizens in your personal life or in a business environment Mr. Kessler’s training is a must to bring awareness to this enormous problem of exploiting our senior citizens financially through deception and undue influence.

Being proactive on this problem is the greatest form of protecting our elderly loved ones or customer service for our elderly clients.

Source: Financial Exploitation of the Elderly, With Guest David Kesler

Lawless America Movie Trailer

Published on Sep 26, 2012 by
Lawless America Movie Trailer by Naomi Chambers

Lawless America...The Movie is all about exposing the fact that we now live in Lawless America.

We no longer have laws that are enforced because judges do whatever they want to do. America has also become lawless because government officials are dishonest and/or corrupt.

The movie will expose corruption in every state. The Movie will focus on victims. Corrupt judges and corrupt government officials will be exposed, and we will confront a number of the crooks.

If anyone has ever questioned the story of a person who has expressed the view that they were a victim of the government or of judges, this movie will prove that the odds are that the corruption report was true. In fact, there are probably tens of millions of victims in the United States who never realized what happened to them.

One feature length documentary movie is being produced. It will be shown in theaters, on Netflix, Blockbuster, and other such video places, and the movie will be presented at the Sundance Film Festival and other film festivals.

In addition, videos will be produced for each state and for each type of corruption. Everyone who is interviewed for the film will record a three-minute segment that will be done as testimony before Congress as well as a 30-60 minute on-camera interview with Bill Windsor, founder of and GRIP, and candidate for the U.S. House of Representatives. The legislators in each state will receive the testimony from those in their state, and the members of the U.S. House and Senate will receive all of the testimony nationwide.

Over 750 people are already scheduled to be interviewed for the movie.

For more information, see and

Psychiatric Coercion and Restraint

Today, psychiatrists' use of physical and chemical restraints in mental institutions is a very lucrative procedure.

Psychiatric Coercion and Restraint