Saturday, November 23, 2013

'The Kidnapping of Richard Maass'

“My story is about the kidnapping and abusive guardianship of my grandfather, Richard Maass, at the hands of Mary Giordano, an elder care attorney and partner with Franchina and Giordano law firm in Garden City, NY. The late Judge Joel Asarch of the Nassau County Supreme Court in Mineola was the presiding judge who allowed these atrocious acts against my grandfather to happen, along with Anne Recht, the geriatric “care” manager of AMRecht Associates in Plainview, NY I fought very hard to save my grandfather from these people; at a great deal of monetary, emotional and physical expense. No one in charge would listen; no one in charge cared; or so I thought, until I discovered that my grandfather was one of many victims of this particular trio; and one of thousands across the country.

My grandparents lived in their house in Glen Head, Long Island, since 1951. My mother and I moved there in 1981. We had our own apartment there and paid rent. We took care of my grandmother when she became ill until she passed in 1998, and we cared for my grandfather as his health started to deteriorate. Around 2001, he was officially diagnosed with Alzheimer’s. Mom then hired a full-time aide to care for Grandpa in 2005 after she became ill. My Mom passed away in 2006.

After my Mom’s death, I continued to live in the house, pay rent, and spent many hours every day with Grandpa. Due to many months of chaos after my mother passed, one of my cousins who lived locally started to come around. He somehow managed to have a “new” power of attorney drafted in 2006, giving him complete control of my grandfather’s estate. When I looked over the paperwork months later, I discovered there was over $40,000 in missing funds. My attorney and I requested that my cousin return the funds and discharge himself as  POA,but he refused.

Since we were unable to get things resolved, I had my attorney file a motion in court in 2008 to have my cousin removed as power of attorney and have me assigned as guardian. Judge Asarch assigned a court evaluator to investigate and file a report. The report filed stated that I was very close to my grandfather, that my grandfather was very happy living in his home with me and he recommended me as the best choice for guardian. However, my cousin stated that he would fight it if I was appointed.

Our attorneys agreed that we would let the courts appoint a guardian. I was completely unaware of what that truly meant. Judge Asarch appointed Mary Giordano as guardian and Anne Recht as geriatric “care” manager. We signed an agreement whereby Mary and Anne would be paid out of Grandpa’s funds, $600.00 and $500.00 per month respectively to “care” for Grandpa. A new full-time aide was hired to care for Grandpa 24/7.

One day in September 2009, I called the aide to let her know I was on my way over and she told me that Mary Giordano called and told her to pack my grandfather’s clothes because she was moving him to a nursing home. Mary never called anyone in the family to let us know nor did she discuss this with anyone. The aide was as shocked as I was, since he was happy and doing very well in his own home.

I rushed to the house immediately. When I got there, Anne Recht was there and the aide was packing for him. I asked Anne where he was going and she refused to tell me, stating that he was better off not seeing anyone for the first few days so he could “acclimate.” I called Mary and she claimed his money was running out and could not afford to live in his own home anymore.

My lawyer and I requested a hearing immediately after Grandpa was kidnapped. He told me that he never received any paperwork and that what Mary did was illegal; that an order had to be signed by the judge and no order was ever signed. We requested a hearing on the matter. Judge Asarch’s only response was that the move was not handled “properly.” We also advised Judge Asarch that this new nursing home was not a safe location for him, that the home was very dirty and smelled like urine; that it was very short-staffed.

 Judge Asarch ruled in favor of Mary and Anne.

When Grandpa was first moved to the nursing home, the staff would always answer my questions and willingly discuss his care with me. However, as his health continued to decline and my aunt and I voiced our concerns and complaints, Mary Giordano advised the staff that they were no longer allowed to answer any of our questions or address any of our concerns. Only Mary Giordano and Anne Recht had that right.

By January 2011, my grandfather’s health had deteriorated substantially. At that time I was visiting him daily and my aunt and I requested that he be moved to hospice. However Anne Recht claimed that he was too sick to be moved. We then requested palliative care. Anne said she would take care of it. There was never any sign of this care and it was apparent that his suffering and pain was increasing each day. When my aunt and I complained to the nursing home, they told us that no paperwork was ever submitted by Anne and they could not do anything for him at all without her approval. Nothing was ever done despite all of our calls and requests. I had to watch my grandfather suffer daily, in tremendous pain, until the day he passed away, February 28, 2011.

None of these people loved or cared about him, but I do believe they loved his money.I cannot even begin to tell you how much pain this situation has caused me. Every day I think about him and wonder what more I could have done to save him. It is now almost three years since his death and I miss him every day.”

Full Article and Source:
The Kidnapping of Richard Maass

NJ ALF to Pay $590K to Settle Overtime Suit

An Allendale assisted-living home agreed Friday to pay $590,000 to settle a lawsuit asserting that the company shaved employee work hours to cut costs and avoid paying overtime, and that it ordered some workers to punch out and then work off the clock.

The settlement, approved by Judge Kenneth J. Slomenski in Hackensack, requires The Allendale Community for Mature Living to pay $175,000 to create a compensation fund for 412 past and present employees who allegedly were underpaid while working at the facility.

$400,000 will go to pay the fees of the Roseland law firm Brach Eichler LLC, which litigated the case.

Those who were named representatives in the suit, former employee Erin MacArthur, a Paramus resident, and current employee Denise Acuna, of Elmwood Park, who were in court Friday, will receive $7,500 each in the settlement.

The agreement “is premised on defendant Allendale establishing a fund, and reprocessing time sheets and time claims, time punches made by class members, and paying claimants the amount of lost wages,” Charles X. Gormally, an attorney for the employees, told the court.

A separate lawsuit filed against the company and its principles is continuing under the state whistle-blower laws, contending that Allendale and its principles retaliated against and harassed a former director of human resources who raised concerns about the payroll practices with company executives. The former administrator, Gina Liberali, was terminated because of her actions, the suit says.

Full Article and Source:
Allentown assisted-living home to pay $590,000 to settle overtime suit

Allentown woman sentenced to state prison for betraying 'guardian angel' Marlene Fowler

An Allentown woman sentenced today to state prison for stealing $1.15 million from late philanthropist Marlene "Linny" Fowler missed her chance to try and explain the deceit to her benefactor, and apologize.

Shawnta Carmon, 32, has been in Northampton County Prison on theft and related charges since Feb. 22, two and a half weeks after Fowler died on Feb. 4 at age 73.

"I never got to say sorry. Not only am I sitting in a jail cell and it's beating me up for what I did, it's beating me up that I never had a chance to explain. I never will," Carmon said today in court.
Northampton County Judge Emil Giordano sentenced Carmon to three to six years in state prison followed by nine years' probation.

Carmon became emotional as she explained to Giordano how she deceived Fowler, who made her mark helping the region's residents with the fortune of her late father, UPS chief executive Harold Oberkotter.

Carmon said she knew Fowler for decades through Fowler's well-known generosity. As a teen, she had been shot in the mouth and Fowler, she said, was the one who donated the money for her life-changing operation to repair the damage. After that, they were like family, Carmon said. Fowler was among the first to hold her four children when they were born, she said.

Full Article and Source:
Allentown woman sentenced to state prison for betraying 'guardian angel' Marlene Fowler

Friday, November 22, 2013

Former TN Ward, Ginger Franklin, Sues Former Conservator, Jeanan Mills Stuart

Source: Former court-Appointed Conservator Faces Civil Suit

See Also:
Ginger Franklin, Tennessee Victim

Judge Randy Kennedy Removes Former Public Guardian Jeanan Mills Stuart

Michigan's high court to hear oral arguments in McCree disciplinary case

Detroit— The Michigan Supreme Court will hear oral arguments Dec. 11 in the judicial disciplinary case of disgraced Wayne County Circuit Court Judge Wade McCree.

The hearing is one of the last steps in the case against McCree before the court makes the final decision on whether McCree should be removed from the court.

McCree is fighting for his position after coming under fire from the Michigan Judicial Tenure Commission, which has accused him of judicial misconduct. The judge got into hot water with the commission while presiding over a 2012 child support case involving Geniene La'Shay Mott with whom he had an extramarital affair.

McCree also is accused of giving favorable treatment to a relative of Mott's and for using derogatory remarks to describe some litigants in his courtroom. In September, the nine-member commission recommended to the Michigan Supreme Court McCree be removed from office and also called for a six-year "conditional" suspension for the judge in the event he is re-elected to the bench next year.

McCree’s attorney, Brian Einhorn, said he doesn’t know yet if McCree will attend the hearing on his own behalf. Einhorn said it’s not mandatory that the 57-year-old jurist be there.

During the September hearing, the executive director of the Michigan Tenure Commission said McCree "suffers from egomania" and is a "narcissist" who is no longer fit to serve as a judge.

Full Article and Source:
Michigan's high court to hear oral arguments in McCree disciplinary case

See Also:
Wayne Co. Judge McCree's lawyer seeks censure instead of removal

Texas Teens Charged With Felony Exploitation After Forcing Grandmother to Beg Outside Walmart

Three Texas teenagers were charged with felony exploitation of the elderly after forcing their grandmother to beg for money outside of the Montgomery County Walmart.

19-year-old James Cerda Junior, his twin brother Joshua, and 18-year-old Ashley Ramey were all charged. They are now each being held in jail on a $3,000 bond. Ramey also faces an outstanding warrant for failing to appear in court.

A deputy happened to be driving by the Walmart at the time of the incident and a concerned shopper alerted him. By that time, the grandma had collected about $10.

Full Article and Source:
Texas Teens Charged With Felony Exploitation After Forcing Grandmother to Beg Outside Walmart

Thursday, November 21, 2013

Top state court nixes agreed 6-month law-license loss for ex-judge, wants ‘more severe sanction’

An agreed six-month law-license suspension for an Ohio judge who dismissed a speeding ticket for his personal lawyer wasn't sufficient punishment, the state's top court said Friday.

It refused to accept the discipline-by-consent agreement between the now-retired jurist and the Board of Commissioners on Grievances and Discipline. Instead, the Ohio Supreme Court called for the board to consider "a more severe sanction" on remand, the Columbus Dispatch reports.

Former Franklin County Environmental Court Judge Harland Hale announced in May that he would be retiring from the bench, shortly after the disciplinary complaint was filed against him. He is accused of dismissing a speeding ticket for attorney Patrick M. Quinn, “without any involvement from the prosecutor or Quinn,” the discipline by consent agreement says, and falsely stating on a judgment order that a prosecutor had taken the action. Quinn had been representing Hale in sexual harassment matters.

Full Article and Source:
Top state court nixes agreed 6-month law-license loss for ex-judge, wants ‘more severe sanction’

See Also:
Ex-judge Hale agrees to six-month law license suspension

Ohio Judge Accused of Misconduct for Dismissing His Own Lawyer's Speeding Ticket

Ohio: Judge Accused of Dismissing His Lawyer's Traffic Ticket Quits

Gallia County judge receives stayed suspension for misconduct

GALLIPOLIS — Gallia County Common Pleas Court Judge D. Dean Evans has received a one-year stayed suspension from the Ohio Supreme Court for failing to disqualify himself from a case in which he had a conflict with defense counsel.

According to a release issued by the Office of Public Information of the Ohio Supreme Court, in a 5-2 per curium decision (not authored by any particular justice) announced Tuesday, the court rejected the sanction of a six-month stayed suspension that has been recommended by the Board of Commissioners on Grievances and Discipline and instead imposed a full year stayed suspension.

When contacted for comment on Tuesday afternoon in regard to the Supreme Court’s decision, Judge Evans reported that he could make no public comment on the case, but did state that the decision released on Tuesday would in no way affect the functioning of the Gallia County Common Pleas Court or the cases awaiting action in court.

Attorney Robert W. Bright practiced before Judge Evans representing indigent criminal defendants for the Gallia County public-defender commission. In the case that resulted in this disciplinary complaint, according information contained in the initial opinion released on Tuesday by the court, Bright represented a defendant who had initially agreed to enter into a plea agreement but later changed his mind during the plea hearing before Judge Evans. Moments later, the defendant changed his mind again, and Judge Evans refused to accept the plea. Three days later, Judge Evans again refused to accept the plea agreement even though Bright and the county prosecutor jointly agreed to it.

Bright then filed an 18-page motion requesting that Judge Evans accept the plea agreement and stating that the judge’s refusal to do so was “an abuse of discretion” and “unreasonable and/or arbitrary and/or unconscionable.” Bright also criticized some of Judge Evans’s other courtroom practices.

Judge Evans issued an entry overruling Bright’s motion and removing Bright as counsel in the matter. The entry stated in part:

The Court finds that while Defense Counsel’s attitude toward the Court as expressed in the instant motion may not rise to the level of Professional Misconduct or to the level of being contemptuous, it certainly is not acceptable behavior. By such conduct he has created conflict with the Court whereby in this case or for that matter any other case in the future, when he does not agree with a decision or ruling by the Court, instead of being critical by accusation of being arbitrary, unreasonable, unconscionable or of abusing discretion, he simply may accuse the court of being bias [sic] or prejudice [sic] as it relates to him. The Court must not only avoid any impropriety, bias or prejudice but must avoid any appearance of such. The expressions and attitudes of Defense Counsel as exhibited and announced in the instant motion toward this Court compromises [sic] the Court’s ability to avoid any appearance of bias [or] prejudice, or to be fair and impartial as it relates to Defense Counsel regardless [of] how hard it tries or what strides it makes toward guaranteeing that there would be no bias, prejudice and that it would be fair and impartial.

According to information provided in the Ohio Supreme Court decision, Judge Evans subsequently filed entries removing Bright as appointed counsel in 63 other criminal cases — even though none of the defendants in any case had requested Bright’s removal as their counsel. The entry in each case stated that “Attorney Robert W. Bright is relieved of further obligation due to the conflict he has created with the Court” and “due to the Court’s inquiry to the Office of Disciplinary Counsel, Supreme Court of Ohio regarding Mr. Bright’s conduct.”

Judge Evans’s actions removed Bright’s entire caseload, and, reportedly, within a month of the judge’s entries, the Gallia County public defender terminated Bright’s employment, reasoning that it had “no other options,” since Bright could not practice in Judge Evans’s courtroom. Disciplinary counsel ultimately decided against filing any charges against Bright based on Judge Evans’s grievance.

The Ohio State Bar Association subsequently brought a complaint against Judge Evans. The parties submitted a consent-to-discipline agreement recommending that Judge Evans be publicly reprimanded. The Board of Commissioners on Grievances and Discipline rejected the agreement and remanded the matter for further proceedings before a three-member panel of the board. On remand, the parties waived a hearing and submitted stipulations of fact and misconduct and jointly recommended a stayed six-month suspension. The panel, and later the board, adopted the parties’ stipulations and recommended sanction. No objections were filed before the Supreme Court.

Full Article and Source:
Gallia County judge receives stayed suspension for misconduct

Rochester woman gets 5 years for bilking elderly couple

A Rochester woman was sentenced Tuesday to five years in prison for swindling an elderly couple out of their life savings.               

Carolyn Jean Cassar, 61, received a sentence 14 months longer than federal court guidelines but two years fewer than what prosecutors had sought.

"This level of cold-blooded manipulation is beyond what even a normal fraudster exhibits," U.S. District Judge Joan Ericksen told Cassar, who stood silently next to her attorney. Ericksen added, "You knew what you were doing to the victims

Cassar pleaded guilty in July to bilking her neighbors out of $840,000 over six years, using ever-more elaborate lies as she asked for increasing amounts of money

From 2006 to 2012, Cassar borrowed money from the couple in 375 transactions.

"As she earned the victims' trust and discovered that they believed everything she said, her lies became more frequent and more outlandish," Kim Svendsen, assistant U.S. attorney, told the judge.

"As a result of her lies, Cassar was able to have all the things the defendants denied themselves their entire lives, including lavish vacations and expensive furnishings for her home, and the victims were left with nothing," Svendsen said.

According to the plea agreement and other court documents, Cassar persuaded the couple to give her money for travel to Washington, D.C., so she could attend to the affairs of her daughter's death in a car crash, including buying a dress for her burial.

Full Article and Source:
Rochester woman gets 5 years for bilking elderly couple

Wednesday, November 20, 2013

No One is Safe: Parents Say Hospital Kidnapped Their Daughter

Parents Say Hospital Kidnapped Their Daughter

See Also:
NASGA:  No one is safe!

Nursing home company to pay $48M in settlement

A California company that runs nursing homes in 10 states has agreed to pay $48 million to resolve claims that it submitted inflated bills to Medicare for services that either were unnecessary or never performed, authorities said Tuesday.

The settlement reached with The Ensign Group Inc. was unsealed late Monday by a judge in Los Angeles and resolves a pair of whistle-blower lawsuits filed by two former company employees, federal prosecutors said.

"This settlement — one of the largest of its kind in United States history — demonstrates our commitment to protecting taxpayers who fund important programs that benefit millions of Americans, but don't want to see their hard-earned money wasted on fraud or abuse," U.S. Attorney Andre Birotte Jr. said.

Ensign did not admit liability as part of the settlement. In a statement released last month, Ensign CEO Christopher Christensen said the company, based in Orange County, will continue to enhance its compliance program and will strive to provide high-quality health care services.

Ensign is accused of turning in false Medicare claims for more than a decade at six of its skilled-nursing facilities in Southern California. Authorities said the claims for physical, occupational and speech therapy services were not medically necessary and some patients were kept in the nursing homes longer than they needed to be.

Full Article and Source:
Nursing home company to pay $48M in settlement

Alameda County: Assisted living reform advocates hope new director will overhaul state's licensing agency

The California agency criticized for its botched closure of a Castro Valley assisted living home is on the hunt for a new director -- and it must choose from a pool of state workers unless Gov. Jerry Brown appoints an outside figure.
An internal hire is unlikely to satisfy senior advocates demanding a major shake-up at the Department of Social Services' Community Care Licensing Division.

"They need an overhaul of that department," said Patricia McGinnis, director of California Advocates for Nursing Home Reform. "Unless they have a complete change of attitude, unless they have a complete change of guard, I don't see how things are going to be any different."

The agency drew outrage last month for allowing more than a dozen frail residents to be left at Valley Springs Manor without proper care after the state had ordered the home closed. An internal review is now looking into what went wrong.

It was the previous head of the division, Jeffrey Hiratsuka, who initiated formal proceedings in May to revoke the license of the Castro Valley facility and ban its owners from ever running such a home again.

That was after complaints by residents and advocates against Valley Springs and a sister home in Oakland began mounting last year. The complaints led to unannounced state inspections that discovered numerous violations and forced the ouster of the homes' longtime administrator, according to state records.

Hiratsuka, who could not be reached for comment, retired this summer after fours years directing the division and a total of 12 years working in its Sacramento headquarters. A staff newsletter commended the 61-year-old for guiding "the program through some of the worst economic and budget times ever experienced in the state."

Full Article and Source:
Alameda County: Assisted living reform advocates hope new director will overhaul state's licensing agency

See Also:
Castro Valley care home patients abandoned

Judge rejects conservatorship for Casey Kasem

LOS ANGELES—Casey Kasem is receiving good medical care and a conservatorship is unnecessary for the ailing radio personality, a judge ruled Tuesday.

Superior Court Judge Lesley Green urged lawyers to reach an agreement that would allow three of Kasem's adult children to visit their father, who is suffering from advanced Parkinson's disease.

Kasem's children have said they are being blocked from seeing their father by his wife of more than 30 years, Jean. But her lawyer Marshall Grossman said the children have rejected a proposal to allow them to visit their father each month and on major holidays.

Green acknowledged there is "bad blood" in the family, but noted a doctor who has evaluated Kasem reported he wants to see his children.

Kasem's daughter Julie was seeking a temporary conservatorship for her father, but Green rejected that effort Tuesday. She cited reports by investigators and doctors who said Kasem was receiving by all accounts good medical treatment in his home.

The judge told lawyers to try to work out an agreement for visitation by Kasem's children and set another court hearing for Dec. 20.

Attorneys for both sides planned to try to negotiate a visitation agreement Tuesday.

Julie Kasem's attorney, Andrew Katzenstein, said his clients were pleased to learn that their father was being well cared for and hoped that a visitation arrangement could be worked out. He said the effort to have a conservatorship established was all about making sure Kasem was being properly looked after and to allow his children to see their father.

Grossman said he wants an accord that will end any further court action. "We're looking to bring peace, not piecemeal," he told Green.

Casey Kasem, 81, gained fame with his radio music countdown shows, "American Top 40" and "Casey's Top 40," and also was the voice of Shaggy in the cartoon "Scooby Doo."

Full Article and Source:
Judge rejects conservatorship for Casey Kasem

See Also:
Casey Kasem Near Death but Alert, Children Suing Wife Jean for Conservatorship NOT Will and Money

Tuesday, November 19, 2013

'Grave Robbery Under Color of Law'

Talk about the pot calling the kettle black, private guardian Jared E. Shafer's attractive protégé' Patience Bristol is sitting in a cell at the Clark County Detention Center awaiting trial while her mentor may be breathing a sigh of relief allegedly knowing his cooperation with authorities may exonerate him from being prosecuted for many of the same crimes Bristol is accused of committing against the elderly or vulnerable.

On pages of the following confidential 32 page fax obtained by INSIDE VEGAS, Shafer informs another of his protégés, Clark County Public Guardian Kathleen A. Buchanan, that "Guardian" Patience Bristol has not provided receipts, explanations, or backup to validate transactions Bristol made on behalf of ward Jean Dutton whose fortune Bristol and Shafer were responsible for overseeing.  In his incriminating fax Shafer includes eighteen checks Bristol wrote on Shafer's Professional Fiduciary Services of Nevada, Inc.(PFSN) checking account that he pretends to know nothing about:

Bristol cashed eighteen bogus checks drawn in the name of ward Jean Dutton from Shafer's PFSN, Inc. checking account between September 4 and December 28, 2012 totaling $12,850.00. If Shafer truly knew nothing about these transactions, he is also in need of a guardian! As Dutton's co-fiduciary, Shafer is as responsible as Bristol for protecting a ward's assets.  Patience Bristol is in custody charged with twenty felony counts of bilking the elderly and vulnerable. Her Preliminary Hearing is scheduled for November 25. Jared Shafer has not (yet) been charged with a crime.

Leann Goorjian lived to be only 51. She was the daughter of Wanda Lamb Peccole and William "Bill" Peccole. Leann's mother was the sister of former Nevada State Senator Floyd lamb, Clark County Commissioner Darwin Lamb (portrayed in the movie Casino),  and legendary former Clark County Sheriff Ralph Lamb. Leann married Greg Goorgian and together had two sons, Gavin and Camden, now in their late twenties and working for the family business Pecolle Nevada Corporation.    

Three years before Leann died on February 24, 2008 leaving a multi-million dollar fortune, she was placed into the guardianship of Jared E. Shafer. That was in 2005 when she was deemed a "vulnerable person." Since her death, Shafer has not been required to relinquish guardianship over her estate, and continues to this date draining it of hundreds of thousands of dollars each year.

Full Article and Source:
Grave Robbery Under Color of Law

See Also:
NASGA:  Lupe Olvera, Nevada/California Victim

NASGA:  Marcey Dudeck, Nevada/California Victim

Nevada Guardian Patience Bristol Arraigned on Robbery Charges

Bond set for Ga. trio in elderly exploitation case

— Bond has been set for two college students whose mother is accused of scamming an elderly man out of money they paid tuition with.

Georgia Bureau of Investigation agent Danny Jackson told the Rome News-Tribune ( ) 54-year-old Kathryn Dawsey and her 19 and 22-year-old daughters were set to appear in court Monday.

Jackson says Kathryn Dawsey is accused of convincing the 91-year-old victim to grant her power of attorney. Jackson says she made transactions from his account after a court order restricted her from accessing his money.

Court officials say Dawsey is being held without bond in the Marion County jail on charges of theft and exploitation of an elderly adult.

Dawsey's daughters face similar charges, and their bonds have been set at $50,000. It's unclear if they have attorneys.

Full Article and Source:
Bond set for Ga. trio in elderly exploitation case

Monday, November 18, 2013

Linda Kincaid Reports: Elder Abuse by Monterey County Public Guardian: Court Order for Isolation

San Francisco resident Margarita Zelada is unlawfully confined and isolated at Senior Paradise in Del Rey Oaks, California. The false imprisonment is at the order of the Monterey County Public Guardian.

Elder rights advocates across the country are protesting the violation of rights and abuse of power. Senior Paradise is under investigation by Department of Social Services.

The Public Guardian responded by petitioning the court for an order to legitimize their ongoing abuse.

The petition is on calendar for Wednesday, November 20, 2013. If signed, the order will strip Margarita of her constitutional right to liberty and pursuit of happiness.

Full Article and Source:
Elder Abuse by Monterey County Public Guardian: Court Order for Isolation

Linda Kincaid Reports: Elder abuse by Monterey County Public Guardian: Evidence suppressed

San Francisco resident Margarita Zelada had an accidental fall while visiting her daughter in Pacific Grove, California. The Monterey County Public Guardian used the accident to seize control of Margarita and unlawfully isolate her from loved ones.

On November 11, 2013, this Examiner sent the following email to Senior Deputy Public Guardian Teri Scarlett.
Ms. Scarlett, 
Improperly suppressed evidence requires your immediate attention. A report with additional information will be released later in the week. 
Monterey County Deputy Public Guardian Jennifer Empasis alleged that Patricia Conklin financially abused her mother, Margarita Zelada. Ms. Zelada clearly stated that Ms. Conklin did not abuse her in any way. After months of investigation, Ms. Empasis did not identify any financial abuse. However, Ms. Empasis refused to terminate the conservatorship of Ms. Zelada’s estate. 
Please see December 13, 2012 video of Ms. Zelada on YouTube. 
Ms. Empasis escalated her allegations to include physical abuse after Ms. Zelada experienced an accidental fall on March 1, 2013. The attached March 29, 2013 letter from Ms. Zelada’s court appointed attorney Chris Campbell states: 
My client is adamant that she does not hold her daughter responsible for this injury and that she has no desire to see her daughter prosecuted. She has been clear about this ever since I first saw her in the hospital one day after the injury. My client and her daughter have an extraordinarily close relationship, and they have lived together for many years; Patricia is Mrs. Zelada’s only child, and Mrs. Zelada has no other family in this country. There is no one in the world more important to Mrs. Zelada than her daughter, and the fact that Mrs. Zelada has been unable to see Patricia since she was taken into custody has been a devastating blow to her.
The above video and letter were not presented at Ms. Zelada’s general conservatorship hearing, nor were they presented at Ms. Conklin’s criminal trial. It is my understanding that additional similar videos exist on personal electronics that Ms. Empasis removed from Ms. Conklin’s home on March 25, 2013. Those items have not been returned to Ms. Conklin.
Please forward this evidence to the District Attorney for immediate review. Please file a petition to terminate the conservatorship of Margarita Zelada no later than Friday, November 15, 2013.
Thank you for your prompt attention to this matter.
Linda Kincaid, MPH
Full Article and Source:
Elder abuse by Monterey County Public Guardian: Evidence suppressed

Linda Kincaid Reports: Margarita Zelada: Timeline of elder abuse by Monterey County Public Guardian

Deputy Public Guardian Jennifer Empasis pursued a campaign of false allegations and abuse of power to control the assets of Peruvian immigrant Margarita Zelada. Her estate is valued at around $1.5M.

Margarita is a victim of false imprisonment at long-term care facility Senior Paradise in Del Rey Oaks, California. Administrator Margaret Camara willingly executes unlawful orders from Empasis.

Margarita’s three bedroom home in San Francisco’s desirable Outer Sunset neighborhood sits vacant. Empasis changed the locks to prevent family entering the home. Patricia’s 2001 Mercedes, a gift from Margarita, is now in Empasis’ control.

In July 2012, Empasis alleged that Patricia financially abused her mother. Margarita repeatedly insisted Patricia did nothing improper. Patricia provided a full accounting of expenditures. No charges were filed.

In September 2012, Empasis seized control of all assets belonging to Margarita and Patricia. Mother and daughter were left unable to meet their financial obligations. Both experienced severe financial hardship.

On October 5, 2012, the court awarded temporary conservatorship of Margarita’s estate to the Public Guardian.

On December 13, 2012, Margarita recorded a video stating that Patricia did not abuse her in any way. Margarita was emphatic that she did not want the Public Guardian involved in her affairs. (See video above at left.)

Full Article and Source:
Margarita Zelada: Timeline of elder abuse by Monterey County Public Guardian

See Also:
Linda Kincaid Reports: Elder Abuse by Monterey County Public Guardian: Home Vacant, Daughter Homeless

CA Conservatorship Ward Margarita Zelada on the Monterey County Public Guardian

NASGA:  Margarita Zelada, California Victim

Sunday, November 17, 2013

Tonight on T.S. Radio: Probate Court Fraud With Guest Judy Barnes

Ohio, a state rife with probate abuses and predatory guardians, has another case you just cannot believe took place.  Between stolen property, funds and fraudulent POA's, an elderly woman with Alzheimer's was robbed of a million dollar estate.

Her daughter fought back.  The result?  The family home, built by the family,  on valuable shorefront property was intentionally reduced to rubble.  Even with the known threats that this would happen if the daughter didn't back off, the courts and law enforcement did nothing.

Just goes to show you what a crooked attorney and an immoral probate can accomplish when no one holds them accountable.

5:00 PST … 6:00 MST … 7:00 CST … 8:00 EST

LISTEN to the show live or listen to the archive later

City Seeks Guardianship for 9-1-1 'Super User'

Unsure how to curb frequent 911 calls by a system “super user,” Washington, D.C., officials met earlier this year to discuss a solution. Their decision: Seek a guardianship to handle the woman’s medical affairs.

Their guardianship petition alleges the woman, Martha Rigsby, 58, has bipolar and borderline personality disorders, the Washington Post reports. A guardian may not be able to stop Rigsby’s calls, but he or she could hire a home health aide to help her, for example, or could recommend a different living arrangement.

Rigsby has dialed 911 more than any other Washington, D.C., resident, the story says. She began making the calls in 1977; in the past year, 266 calls have been placed because of her fainting spells or falls. About 40 percent of the time she makes her own calls for help; bystanders placed the other calls after seeing her fall. About 55 percent of the time, she declines to get in the ambulance.

Other cities have tried similar measures.

The city of San Francisco, for example, sought conservatorships for as many as a dozen frequent 911 callers each year during a pilot program to curb super users.

Rigsby is fighting the guardianship petition with the help of a court-appointed lawyer. The case has been delayed until January to allow for a neuropsychological evaluation.

City Seeks Guardianship for 911 'Super User'

Ex-judge Hale’s punishment not enough, Supreme Court says

A six-month suspension of former Franklin County Environmental Court Judge Harland Hale’s law license isn’t punishment enough, the Ohio Supreme Court declared today.

In an unusual move, the justices rejected the recommended punishment and sent the case back to the Board of Commissioners on Grievances and Discipline for further proceedings, “including consideration of a more severe sanction.”

Hale has admitted that he committed judicial misconduct by dismissing a speeding ticket in December 2011 for a lawyer who represented him in state and federal lawsuits. The judge, who sat on the bench for a decade, announced his retirement on May 9, one week after the disciplinary counsel filed a complaint against him. He said then he wanted to continue his career as a lawyer.

Hale had reached a “discipline by consent” agreement with the high court’s disciplinary counsel. The Board of Commissioners on Grievances and Discipline approved the agreement on Oct. 14 and recommended it to the Supreme Court.

Hale dismissed a speeding ticket for attorney Patrick M. Quinn, who was representing him in sexual-harassment lawsuits. The judge threw out the ticket “without any involvement from the prosecutor or Quinn” and signed a judgment that “falsely stated: Prosecutor dismisses,” the agreement says.

About four months later, he engaged in improper communication about the case by contacting Quinn and Chief City Prosecutor Lara Baker-Morrish. He asked each to sign an entry indicating that the ticket was dismissed “with the consent of the Columbus city attorney's office and the defendant.” Baker-Morrish refused.

Hale eventually vacated the dismissal and removed himself from the case. Quinn pleaded guilty and paid a $55 fine and $116 in court costs on the day that the judge stepped aside.

Quinn represented Hale in three lawsuits stemming from complaints of inappropriate behavior against the judge by a court employee and a defendant in a drunken-driving case. All three cases were settled out of court.

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Ex-judge Hale’s punishment not enough, Supreme Court says

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Local attorney disciplined for professional misconduct

A Victoria attorney accepted a public reprimand from the Commission for Lawyer Discipline for not returning an unearned fee.

Attorney Mark Davis paid restitution to the man who filed the grievance when the judgment was issued Sept. 11. It was unclear in the ruling how much was paid.

The Advocate attempted to reach Davis daily beginning Nov. 7. He did not return phone calls.

Raja Hugh Belleth hired Davis in June 2011 to represent him in a divorce case filed in Harris County. He agreed to pay an advance fee of $5,000 and $200 per hour for other legal services.

After Belleth's wife filed the divorce petition in June 2011, she took no further action. Belleth tried to terminate Davis' representation as well as request a refund Nov. 2, 2011, according to the grievance petition.

When Belleth did not hear back, he hired another attorney, who emailed Davis on Nov. 16, 2011 to request the unused funds.

Davis replied that he was finalizing an invoice and would return the unused retainer, but it never arrived in the mail, according to the petition.

On Jan. 2, Belleth emailed Davis about the matter again. He received no response.
Court documents also show Davis did not respond to the Aug. 29 grievance in a timely manner.

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Local attorney disciplined for professional misconduct