'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.”

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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.

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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.

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

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

Source:
WSMV.com: 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.

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

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.

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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.

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Rochester woman gets 5 years for bilking elderly couple