Saturday, May 1, 2010

A Victory in the Danny Tate Case

Positive developments today as Danny Tate appeared in a Nashville court room before Judge Randy Kennedy for a hearing regarding his conservatorship. Kevin Montgomery’s post on the Friends for Danny Tate’s Defense FB page gives a rundown:

I just got off the phone with Danny. I’m so fired up I can hardly put it into words. We had a little victory in court today. Danny’s attorney was finally awarded his fees! Word is that it was a different Judge Kennedy, and a different Paul Housch in the courtroom today! 10 people showed up with “Free Danny Tate” t-shirts (with less than 24 hours notice), and everyone in the courtroom was very aware of their presence. Unfortunately, he wasn’t let out of the conservatorship, but this is a minor battle that we won with the brilliance of his attorney, Danny’s courage in walking into that court, and the 10 people that showed up to scrutinize the court in a public fashion.

Full Article and Source:
Estate of Denial: Some Good News for Danny Tate

See Also:
Facebook: Friends for Danny Tate's Defense

Sonoma Co. Lawsuit Raises Questions

Did Sonoma County officials separate an elderly gay couple against their will, sell off the men's property, and even take away their cats, as a lawsuit alleges? Or is the case about protecting one of the men from his abusive partner, as the county's lawyers contend in court papers?

It will be up to a jury to answer those questions when the lawsuit goes to trial in July. But the shocking allegations contained in the lawsuit raise troubling questions for elderly gay and straight couples alike who may think they have taken the necessary legal steps to protect one another only to find out otherwise.

Full Article and Source:
Sonoma Lawsuit Raises Quesitons for Elderly Couples

Lawyer/Pastor Accused of Felony Theft

Accused of taking money from the trust fund accounts of residents with disabilities in his group homes, Ernest M. Beal Jr. stood trial in Allen Superior Court.

Beal, 56, is chief operating officer of Your Friends and Neighbors, a company that runs group homes in Indiana and Georgia for adults with developmental impairments. Last June, he was charged with felony theft, accused of ordering company officials to take money from the clients’ trust funds to make payroll and other operating expenses.

The trust fund holds money from clients’ Social Security benefit checks, paychecks and other income and is meant to pay for the expenses and care of the residents, according to court documents.

Beal, a lawyer, is also pastor of Faith United Church of Christ in Fort Wayne.

During opening statements, Allen County Deputy Prosecutor Tim McCaulay said Beal “borrowed” from the clients multiple times over a 3 1/2 -year period. Beal and his ex-wife, the company’s chief executive officer, each drew a salary of more than $300,000, he said.

McCaulay characterized the case as one of arrogance, greed and the avoidance of truth.

Full Article and Source:
Pastor-Lawyer Facing Theft Trial, Accused of Raids on Trust Funds for Group Homes

Protective Custody Hinders Rothstein Case

Scott Rothstein's attorney says it isn't easy seeing his client. The South Florida Ponzi king is in protective custody at an undisclosed location after helping prosecutors nab an alleged Sicilian Mafioso.

Marc Nurik, Rothstein's defense attorney and former partner, said he has to make special appointments with the U.S. Marshals Service to see Rothstein and can't get legal documents to him easily.

U.S. District Judge James Cohn noted inactivity in the case with sentencing set for May 6 and prompted attorneys on both sides Wednesday by setting an April 30 deadline to file sentencing memoranda. Nurik quickly responded with a request to delay sentencing, and the Fort Lauderdale judge reset it for June 9.

Others in the South Florida legal community warn against treating the date as a certainty for determining whether Rothstein will spend the rest of his life in prison for masterminding a $1.2 billion scam, the largest in Florida history.

The U.S. Attorney's Office has a lot riding on keeping Rothstein under wraps, attorneys say.

He knows where all the bodies are buried, whom he duped and who may have cooperated with him in bilking investors in his lawsuit settlement financing scheme.

Full Article and Source:
Rothstein Lawyer Says Protective Custody Hinders Case, Requests Sentencing Delay

Friday, April 30, 2010

Attorney Blunder or Attorney Incompetence?










Source:
freedannytate.wordpress.com

Missing Aunt Helen

On March 3, 2001, my Aunt Helen Fabis, 87, was taken by ambulance to the Critical Care Unit of Memorial Community Hospital, Edgerton, profoundly confused, malnourished and in critical condition, and suffering form the effects of Carbon Monoxide poisoning.

On March 8, 2001, Kathleen Simane, Aunt Helen's grandniece, was appointed her Temporary Guardian. In less than 54 days of Simane's tenure, Simane spent all of Aunt Helen's life savings (bank accounts, SS checks, proceeds from sale of stocks, cash), in excess of $75,000.

My Aunt died a pauper in a nursing home on April 30, 2001. Impoverished by Simane, Aunt Helen was waiting to apply for Medicaid and public assistance.

Simane used Aunt Helen's money for her personal extravagances: breast enlargement procedures, a brand new, fully loaded 2001 Chevy Suburban, her rent and utilities, training, food and supplies for her dogs. She left Aunt Helen penniless - not even enough funds for final arrangements and burial. No estate for the heirs. Rock County Probate Court took no action; the Temporary Guardianship was "closed" without any accounting or inventory.

July 20, 2006, Judge James P. Daley admonished Kathleen Simane: "The funds should have been used for her (Helen Fabis) benefit, but you used them for your benefit...You took money from someone who could not protect herself. You were supposed to protect her...We as a people will be judged by how we treat the least in our society and those who cannot help themselves."

Count One Theft By Bailee: Judge Daley sentenced Simane (shown below) to prison for two years, followed by eight years of extended supervision and, Count Two Theft By Bailee: Five years in prison, followed by 10 years extended supervision as a consecutive sentence. The judge stayed the second sentence in favor of 10 years probation. He ordered Simane to pay restitution: $78,289.81 (not the total amount stolen from my Aunt).

Criminal Case: 1) STATE OF WISCONSIN vs Kathleen A. Simane 2005CF000301;

Civil Cases: 2) Rock County Probate Case No. 01GN35 (closed no accounting/inventory);
3) Dane County Probate Case No. 2001PR1252 "open" assets: $00.00;
4) Dane County Case No.: 2002CV003962 Estate of Helen Fabis vs
William Skibbe;
5) Rock County Case No.: 2004CV000375 Estate vs Bank One/Kathleen Simane case "open"/bankruptcy;
6) US Bankruptcy Court District of MN Case No.: 4-37370 Petitioner: Kathleen Simane, "closed";
7) US Bankruptcy Court District of MN Adversarial Case No.: 5-3083 Estate vs Kathleen Simane, "open".

Source:
NASGA - Victims' Stories

See Also:
Great Escapes - "Woman Charged for Swindling Aunt"

Is Kathleen Simane Now Kathy Larson?

Thursday, April 29, 2010

Urgent Call to Action - Free Danny Tate

Judge Randy Kennedy is refusing to award Michael G. Hoskins his attorney fees, or rule on Mr. Hoskins motion to award them. He is taking the postion that he doesn’t have to rule on them, effectively denying Mr. Hoskins his payment for the last 7 months. Although the attorney that David Tate hired to put his brother Danny Tate in conservatorship has been paid………..the attorney Danny hired to defend him is being denied his fees- How can that be right? It isn’t. I view it as a clever way for the judge to effectively starve him off the case.

I spent nearly two hours today on the phone with Michael G. Hoskins. He is a smart attorney, and I believe he is truly in Danny’s corner. But, he’s got to get paid. He would like to devote all of his energy to Danny’s case, because he is passionate about it. But we live in a real world, and the judge is making it difficult for him to be on the case.

If he leaves the case……….it is over for Danny. The judge will appoint an “adequate” attorney to his case, and you can draw your own conclusions.
Call to action- Please send a check to Michael G. Hoskins at 3200 West End Ave., Suite 500, Nashville, TN 37203. Make the check payable to: Tate Legal Defense Fund.

This is urgent, and this is serious. Send whatever you can. $10 to $10,000……….whatever you can afford, but we HAVE to keep this guy on the case. Yesterday, I blogged about the 10 things we could do to help Danny, and while those are important…….this has become urgent. I also announced the Awareness Concert taking place on Sunday, May 23rd at 12th and Porter in Nashville. Tickets sold to that event will also go directly to the Tate Legal Defense Fund, so please buy a ticket to that event-there are many who are watching this case from the United Kingdom and beyond, and have joined the “Friends for Danny Tate’s Defense” Facebook group.You can also support this cause by buying tickets for the Awareness concer-.even if you don’t plan on attending. It will be a donation for the cause. We accept paypal, and credit card payments. Buy your tickets now!

While Paul Housch bills Danny Tate’s estate for reading the Nashville Scene article that exposed what was going on with Danny’s case……….Danny’s attorney is denied his fees. It is now up to us to help out. Are you in?

Source:
KevinMontgomery.com

See Also:
Facebook: Friends for Danny Tate's Defense

freedannytate.wordpress.com

Hearing Set for Queener Case

A court battle continues over who is the best person to make decisions about 79-year-old Bob Queener's medical care, housing and day-to-day needs.

The dispute is primarily between Department of Human Services staff and Queener's relatives, who are upset that DHS recommended a judge give all authority over the Des Moines man's life to people who don't know him. Queener began showing signs of dementia last summer.

An article in The Des Moines Register recounted how DHS staff removed Queener from his home and a court-appointed conservator began to sell all his household goods, vehicles and mortgage-free home.

At a hearing Monday, an attorney for DHS said Queener's court-appointed temporary guardian, D. Thomas Smith, no longer wishes to be considered for the role of permanent guardian.

[Assistant Polk County Attorney] Ford said DHS is now looking for another suitable family member - other than Queener's niece, Cheri Jensen, who was his main caretaker until DHS intervened in December.

A hearing on who should be permanent guardian has been tentatively scheduled for June 1 or 2.

Full Article and Source:
Hearing on DM Man's Guardian is Set

Victim Left Out of Hearings in DHS Case

State laws give elderly Iowans a steadfast right to attend all their legal hearings, even if they have impaired mental capacity.

That makes it all the more striking that 79-year-old Bob Queener wasn't allowed at hearings regarding control over his care and property, advocates for the elderly say. An article in last Sunday's Des Moines Register recounted Queener's removal from his home in December without warning to his relatives.

Because of a quirk in Iowa law, though, families don't have the right to be notified before the state restricts their elderly relatives' civil rights in cases that involve the Iowa Department of Human Services.

Lori Duboys of the National Association to Stop Guardian Abuse said the Queener case illustrates issues she's seen in some state-ordered emergency or temporary guardianships across the country.

"We can tell you that is happening more and more these days," Duboys said. "The elderly are being treated like criminals, with this exception: Criminals are present at their trials."


Full Article and Source:
Man Left Out of Hearings in DHS Case

See Also:
When Should the State Step In?"