National Association to Stop Guardian Abuse

Monday, October 24, 2022

Longtime Friends Say They've Been Kept Apart Due to Controversial Guardianship Case

After an older woman on the Upper West Side was hospitalized, her friends claim she is not being properly protected, Sarah Wallace reports.

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Longtime Friends Say They've Been Kept Apart Due to Controversial Guardianship Case

Judge Bradberry facing ethical complaint that could lead to disciplinary action

By Theresa Schmidt

Lake Charles, LA (KPLC) - Amid a hotly contested race for Third Circuit Court of Appeal it has come to light that one of the candidates, Judge Guy Bradberry, is facing possible disciplinary action for alleged unethical conduct.

An investigation by the Judiciary Commission of Louisiana stems from a complaint filed earlier this year that Bradberry allegedly violated various ethical rules by meeting privately with a man whose divorce proceeding was before his court.

Bradberry denies the allegations, which are detailed in public records of the judiciary commission.

A hearing notice by the commission Bradberry is accused of violating seven rules of the code of judicial conduct and alleged willful misconduct and failure to do his duty, in violation of the state constitution.

The notice alleges that Bradberry met privately with a local businessman whose pending divorce and custody matter was assigned to his court and failed to immediately take himself off the case.

The businessman’s personal attorney was Evelynn Oubre, who has practiced law in Calcasieu parish for 44 years. She was also the first woman assistant D.A. in Calcasieu Parish.

Oubre was outraged at the judge’s conduct concerning her client and requested he recuse himself immediately.

“The judicial canon of ethics says judges have to be absolutely impartial, absolutely fair. A judge cannot have communication, cannot have contact with a party that is in a suit with that suit that is pending before that judge,” said Oubre.

Judge Bradberry did remove himself from the case after Oubre sent him a letter. The hearing notice also mentions two previous allegations of misconduct that resulted in the judge being cautioned and admonished.

Oubre said she herself did not file the complaint but did make the records available to media.

“Because the public needs to know. We have an election coming up and the allegations against judge Bradberry are very severe. The public needs to know what the judicial administrator has learned,” said Oubre.

According to a response filed with the judiciary commission by Judge Bradberry through his attorney, he offered to settle the complaint by agreeing to disciplinary action.

“Judge Bradberry has agreed to take a public censure: be suspended for 30 days, and pay all costs of these proceedings, if he can be given until Nov. 18, ten days after the election, to file and agreement, agreeing to what he agrees to be censured for,” she said.

The commission ordered that Bradberry’s request for a second extension of time be rejected and ordered that his response to the allegations be made by Oct. 11.

In that response, the judge denies the allegations and says his communications with the businessman involved an emergency Bradberry understood could involve a serious risk to a teen in imminent danger. And that the judge indicated he did not initially know the man’s case was pending before him, and that once he did, he properly recused himself as required.

We are told it was the “businessman” who sought out the judge, and that the businessman did know his divorce and custody matter was pending in Bradberry’s courtroom.

We reached out to the judge to ask if the extension delay was requested so he wouldn’t face discipline until after the election. His attorney responded saying they just needed time to prepare the documents and get them approved by the commission, which doesn’t meet again until December.

No hearing date has been set on this matter.

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Judge Bradberry facing ethical complaint that could lead to disciplinary action

A 14-year-old girl in Florida took $13,500 in cash from her grandma's life savings and gave it out to her classmates, police says

by Sarah Al-Arshani

SimpleImages

A 14-year-old girl in Florida is facing felony charges for grand theft after police said she stole $13,500 in cash from her grandmother and handed it out to students, police and school officials said.

The Marion County Sheriff's Office told KDFW that it is unclear why the girl stole the money, which was half of her grandmother's life savings, or why she chose to distribute it.

Sky News reported that police showed up at Lake Weir Middle School on Thursday following reports that the girl was giving out hundreds of dollars to other students — even those she did not know.

School officials called parents to ask about the incident, KDFW reported. Michelle Spaulding, a parent, told the outlet that her daughter told her a girl she did not know tried to give her money.

"That's when she was like, 'Yeah, mom! The child did come up to me and ask me if I wanted $100,'" Spaulding told the outlet. "And she said, 'No, it's got to be stolen, I don't want nothing to do with it.'"

The teenage girl told officers that a friend who moved away had given her the money to hand out, Sky News reported, citing an arrest report. KDFW reported that deputies said other students she the girl told the money belonged to her grandmother.

The sheriff's office and school officials are trying to get the money back and have asked parents to check with their kids. So far, school officials said they found around $2,500 in the girl's backpack, and another $700 was returned by other students, KDFW reported.

"I really hope it gets recovered, because that's so devastating. I feel really bad for the family," Spaulding told KDFW.

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A 14-year-old girl in Florida took $13,500 in cash from her grandma's life savings and gave it out to her classmates, police says

Sunday, October 23, 2022

'American Pickers' Frank Fritz Lives in Modest Home under Guardianship after He & Ex-fiancée Sold Their House

By Gaone Pule

Frank Fritz's life has no longer been the same since he and his former fiancee parted ways. He has since lost his TV hosting gig and is now ill.

"American Pickers" star Frank Fritz lives a challenging new life under conservatorship following a debilitating stroke. Per The Sun, Fritz suffered a stroke on July 14, 2022, and got hospitalized. He was then released to a nursing facility.

Fritz's "longtime friend" filed an emergency appointment to be his temporary guardian and conservator on August 18, 2022, which an Iowa court approved.

While Fritz's pal was appointed as his guardian, a bank was chosen as a conservator to oversee his finances. The financial institution is responsible for paying for the TV host's care in the residential facility and his daily expenses.

The conservator also ensures federal and state income tax compliance and distributes funds for clothing and haircare. In addition, the bank also makes sure that Fritz's check account does not exceed $2,000, as he is allowed to write checks independently of the conservator.

Meanwhile, his friend assists him in making decisions since he suffered a stroke and is required to file an "initial care plan." It includes living arrangements, his current residence, health care status, health needs, social activities, and communication between his family and love interests.

The guardian is also required to file an annual report. After Fritz's release from the hospital following a month's stay, documents stated that the stroke left him debilitated.

As a result, he became incapable of making decisions that involved his "safety" and "necessities or medical care without which physical or illness may occur."

The Iowa native's condition is so severe that he cannot make informed decisions concerning his finances. An exhibit from a doctor mentioned in the court papers states that he "does not have decisional capacity." The legal document further revealed that it is necessary to make decisions on Fritz's behalf as "he continues to recover." (Continue reading)

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'American Pickers' Frank Fritz Lives in Modest Home under Guardianship after He & Ex-fiancée Sold Their House

Nurse pleads guilty in $4.4M health care fraud scheme

by: Allison Shinskey

PROVIDENCE, R.I. (WPRI) — A registered nurse practitioner pleaded guilty to obtaining millions of dollars through a health care fraud scheme, the office of U.S. Attorney Zachary Cunha said Thursday.

Alexander A. Istomin, 56, admitted he routinely submitted claims to insurance and Medicare providers for in-person appointments in Rhode Island, New York, and Florida that he never actually conducted, according to prosecutors.

He also admitted to waiving copayments and using patient information to obtain prescriptions and distribute them elsewhere, prosecutors said.

In addition, Istomin claimed that he maintained an office in East Greenwich that did not exist. Prosecutors said some of the fraudulent payments were mailed to that address.

Istomin agreed to plead guilty to charges of health care fraud, mail fraud, aggravated identity theft, and causing the introduction of misbranded drugs into interstate commerce. He was ordered to forfeit the $4.37 million he obtained through the scheme and is scheduled to be sentenced on Jan. 26.

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Nurse pleads guilty in $4.4M health care fraud scheme

Woman accused of bilking elderly victim out of thousands

A Melbourne woman faces multiple counts of fraud after investigators say she bilked thousands from an elderly woman.(Izard Co. Sheriff's Office)

By Region 8 Newsdesk

MELBOURNE, Ark. (KAIT) - A Melbourne woman faces multiple counts of fraud after investigators say she bilked thousands from an elderly woman.

Brenda Gayle Axtell is charged with 25 counts of fraudulent use of a credit or debit card, 2 counts of forgery, and 1 count of abuse of an endangered or impaired person.

According to a news release from the Izard County Sheriff’s Office, the victim said she was staying at a local bed and breakfast after her home burned when Axtell, who was working with the Meals on Wheels program, befriended her.

The 83-year-old victim reportedly told investigators Axtell and her husband, Steve Doran, allowed her to put a new camping trailer on their property.

When the victim was hospitalized in July, she gave Axtell her credit card to replace a phone she had lost.

The day after she was admitted to the hospital, investigators said Axtell obtained a hand-written Power of Attorney and began making withdrawals from the victim’s account.

“Withdrawals were made from various banks in Melbourne, Mountain View, and Batesville, along with purchases at Walmart, Tractor Supply Company, and Home Depot,” the release stated.

According to the affidavit, the cumulative amount of withdrawals and point-of-sale transactions Axtell made on the victim’s card totaled $10,645.87.

The victim “adamantly denied” ever giving Axtell consent to use her credit cards in that manner.

After reviewing the case, Judge David E. Miller found probable cause to arrest Axtell and set her bond at $100,000.

The bond was later reduced, and Axtell was released on a $25,000 bond with the condition she surrenders her passport.

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Woman accused of bilking elderly victim out of thousands

Saturday, October 22, 2022

Homer Laffoon Petitions for More Control Over and Access to Late Mom Anne Heche's Financial Assets

By Charmaine Patterson

Photo: Rachel Murray/Getty

Anne Heche's son is asking a court for more access to the late actress's assets.

According to documents obtained by PEOPLE, Homer Laffoon's attorney filed documents in the Superior Court of California in Los Angeles County on Thursday, requesting "the Court to expand the authority" so the 20-year-old can "take possession of property and other assets of [Heche's] Estate."

Per the filing by Laffoon's attorney Bryan L. Phipps Laffoon needs to be able to remove all of her items from her condo, which was only paid through October, "to avoid addition fees and costs and, ultimately, potential loss."

The documents also note that Heche had several checks addressed to her that she never deposited, which Laffoon will need to deposit before they become "voided."

PHOTO: Patrick Randak/NBCU Photo Bank/NBCUniversal via Getty

Expanding his powers would allow Laffoon to possess the actress's property to protect it "from damage, waste, and injury," and receive any claims and rents that would come to her, according to the filing. He could also "manage, perform, and enforce the rights and interests of [Heche] and the Estate regarding the publication agreement and forthcoming book by [Heche]."

Laffoon is also asking for a bond of $800,000 and access to his mother's financial records.

Anne Heche Homer Laffoon James Tupper. Photo: getty (2); Anne Heche/Instagram

The new filing comes amid the legal back-and-forth between Laffoon and Heche's ex James Tupper, 57, who co-parented 13-year-old son Atlas Heche Tupper with the actress before her death in August.

Earlier this month, James and Atlas took the next step in their ongoing dispute against Laffoon over who will control the late actress's assets and be appointed the guardian ad litem of Atlas.

In a less than 15-minute hearing, Judge Lee Bogdanoff addressed Christopher Johnson, who was in court with his client, Tupper and his 13-year-old son Atlas, as well as Phipps, who was in court via Zoom on behalf of Laffoon.

Laffoon was not in court for that hearing.

The judge did not mince words, noting to Tupper: "I take it the matter has not been resolved." All parties concurred and the court found that Tupper and his son had not yet gained access to Heche's apartment to gather items, including clothing and Atlas's computer.

The judge asked Phipps why access hadn't been granted so Atlas could collect his belongings and "maybe to look around in memory of his mom." Phipps replied that there were some outstanding issues, such as an inventory of personal property before granting access. There was discussion that photos were taken of certain items and that Tupper was made aware those would be available for pickup.

Judge Bogdanoff later made it clear the brothers have an equal interest in the estate and that it will get divided equally. Johnson said the real issue is who will be the administrator of the estate — another matter which, as the judge said, remains unresolved.

Heche died after being involved in a car accident in Los Angeles on Aug. 5. After being in a coma, the state of California declared Heche legally dead on Aug. 12. She was temporarily kept on life support in order to prepare her organs for donation. On Aug. 14, her rep confirmed to PEOPLE she had been taken off life support.

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Homer Laffoon Petitions for More Control Over and Access to Late Mom Anne Heche's Financial Assets

Anne Heche's Son Homer Claims Actress's Signature on Will Presented by Ex James Tupper Is Invalid

Ohio judge removed over 'unprecedented misconduct' including courtroom jokes about bribes, strip clubs

By Danielle Wallace

The Ohio Supreme Court suspended indefinitely and removed from office a Cleveland judge for alleged "unprecedented misconduct" over a two-year period that included "blatant and systematic disregard of due process, the law, court orders, and local rules."

Cleveland Municipal Court Judge Pinkey Carr, elected to the bench in 2011, "also was repeatedly dishonest, treated court staff and litigants disrespectfully, abused her power to issue arrest warrants and find individuals in contempt of court," according to statement from the Ohio court system.

In March 2021, Carr was charged with five counts of judicial misconduct. Carr violated rules governing the appropriate dress, order, and decorum for courtrooms.

"Her bench was littered with dolls, cups, novelty items, and junk," according to the Ohio Supreme Court. "She presided over her courtroom wearing tank tops, T-shirts – some with images or slogans, spandex shorts, and sneakers. She discussed with her staff and defendants a television show called "P-Valley" about a fictional Mississippi strip club."

Judge Pinkey S. Carr was elected to the Cleveland Municipal Court bench on November 8, 2011. She officially joined the court when her term began on January 3, 2012. (Cleveland Municipal Court)

"She also joked about accepting kickbacks in lieu of fines and having defendants give her and court staff items such as food, beverages, carpeting, or storage space in exchange for lenient sentences," the court added. "The Supreme Court’s opinion concluded that these actions undermined public confidence in the independence, integrity, and impartiality of the judiciary."

Of the alleged misconduct, Carr was also accused of ignoring a court order to reschedule cases during to onset of the COVID-19 pandemic in March 2020. Carr continued to preside over her regular docket the next week.

For criminal defendants who did not appear, she ordered them to be arrested and set bonds ranging from $2,500 to $10,000. For defendants who were "brave enough," according to Carr, to appear in court despite the potential for exposure to the virus, she waived fines and court costs.

This file photo shows a judge's gavel. (Ulrich Baumgarten via Getty Images)

During the disciplinary process, Carr agreed to 583 statements of fact and misconduct stretching across 126 pages.

Among her ethics violations, the judge acknowledged that she often held hearings without a prosecutor present to avoid complying with the safeguards in state law – such as the requirements that a judge informs the accused of the nature of the charge, the identity of the complainant, the right to counsel, and the effect of different pleas.

The judge also falsified court journal entries by claiming that the prosecutor had amended charges or that she had held hearings to determine a defendant’s ability to pay fines or court costs.

She also used warrants and incarceration to force the payment of fines, creating a "modern-day debtors’ prison," resulting in at least five people spending time in jail.

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Ohio judge removed over 'unprecedented misconduct' including courtroom jokes about bribes, strip clubs