Ex-District Judge Sentenced to 6 Years in Prison

BROWNSVILLE - A judge sentenced former district judge Abel Limas to six years in prison for one count of racketeering. Limas was also ordered to forfeit $257,000 in property he owns and pay more than $6 million in restitution.

Limas was the focus of a corruption case at the Cameron County courthouse. He pleaded guilty more than two years ago and has testified in four trials related to the case.

The ex-judge confessed to accepting bribes for favorable court rulings. He also admitted to taking more than $250,000 from four attorneys.

In court today, his defense attorney said Limas was rehabilitated and did everything asked of him. Limas apologized for embarrassing the judiciary system and his family.

He left the courthouse without any comment about his sentence.

Former Cameron County district attorney Yolando De Leon called the outcome "a good recognition of the damage done to many, many people, many institutions."

But Limas' attorney Chip Lews said, "I think it's exorbitant. Given all the assistance Abel Limas gave the federal government, one would expect a lighter sentence."

The former judge will report to federal prison in a couple of months. Until then, he is a free man.

Full Article and Source:
Ex-District Judge Sentenced to 6 Years in Prison

Prescriber Checkup: Lifting the veil on dangerous prescribing

Federal officials were skeptical two years ago when ProPublica asked them to release a database of prescriptions written in Medicare's landmark drug plan, known as Part D.

The data details the prescribing habits of more than 1 million doctors and other health professionals who treat Medicare patients. The Centers for Medicare and Medicaid Services had never allowed any outsider, let alone journalists, to have access to such records, which include identity codes for individual providers.

In the months that followed, ProPublica reporters argued that freeing this data could help patients assess the prescribing patterns of their health providers. The reporters pointed out that the stringent laws on the confidentiality of medical records were written to protect the privacy of patients, not doctors.

After months of high-level deliberation, CMS, to its credit, agreed to release the records -- and to unveil one of medicine's biggest secrets.

In examining the data, our reporters found powerful indications that Medicare has not done all it could to oversee its drug plan.

Some of our nation's most vulnerable citizens rely on this program -- the elderly and disabled. We found that some doctors were prescribing antipsychotic drugs to large numbers of seniors -- an age group for which such medicines are particularly hazardous. Others were writing unusually high numbers of prescriptions for painkillers and other dangerous drugs. Reporters systematically examined these cases, interviewing the doctors about their prescribing decisions. In some cases, they could explain their conduct. In others, they could not.

They all had one thing in common: None of the doctors whose prescribing habits stood out in our analysis had ever been questioned by Medicare officials. Government overseers, our reporters found, didn't consider it their job to examine these patterns or act upon them.

Full Article and Source:
Prescriber Checkup: Lifting the veil on dangerous prescribing

CPA Disbarred for Stealing from Daughter’s Trust Fund

The Internal Revenue Service said Tuesday that its Office of Professional Responsibility has prevailed in seeking the disbarment of David O. Christensen after he was convicted of theft for misappropriating funds as the conservator of his daughter’s trust account.

Christensen’s CPA licenses in Washington and Oregon had been revoked previously as a result of his conviction.

In a final agency decision, the IRS administrative law judge declined to grant a request by Christensen to continue in a limited practice as a tax return preparer, and instead, disbarred him from all practice before the IRS. The judge found that Christensen’s conviction for theft, along with the revocation of his CPA licenses, constituted disreputable conduct under Circular 230.  Christensen had argued that he should be permitted to continue to prepare tax returns because his theft conviction resulted from a family matter that had nothing to do with his tax preparation practice before the IRS.

“OPR strives to protect the integrity of the tax system from unscrupulous and incompetent practitioners regardless of how those traits become known,” said OPR director Karen L. Hawkins in a statement.

Agreeing with OPR’s proposed sanction, the administrative law judge held that the seriousness of Christensen’s offense warranted disbarment from practicing before the IRS finding, that the “respondent has displayed a lack of integrity, including in his testimony at trial, in attempting to distinguish his professional actions from his ‘father-daughter’ relationship.”

Christensen is therefore prohibited from any practice, including tax preparation, before the IRS for a five-year period.

Full Article and Source:
CPA Disbarred for Stealing from Daughter’s Trust Fund

Rothstein Estate Gets Revenue From Versace Mansion Auction

Law360, Miami (September 18, 2013, 4:39 PM ET) -- Almost $700,000 of the $41.5 million sale price of Gianni Versace's former South Beach mansion will go toward the estate of Ponzi schemer Scott Rothstein's law firm, an attorney for the mansion's owner told a Florida bankruptcy court Wednesday.

Lawrence Pecan of Marshall Socarras Grant PL told U.S. Bankruptcy Judge Laurel M. Isicoff that the estate of Rothstein Rosenfeldt Adler PA would receive $692,109 of the auction proceeds under a deal hammered out in January settling a $4.92 million secured claim asserted by the law firm's...

Full Article and Source:
Rothstein Estate Gets Revenue From Versace Mansion Auction

This Man's Shocking Story of Elder Financial Abuse Will Make You Hug Your Grandparents

“I should preface this by saying that my brother has always been a sociopath,” Brian Litwak told me. “But I had no other choice than to trust him because the doctor had told him, but not me, that I was supposed to die in six months.”

 

A former teacher, he tells his tale in a nonchalant, matter-of-fact voice. At 78 he's wrinkled and pale, but his eyes still twinkle and his memory seems precise. I hear flickers of anger as he sits, cane in hand, in an armchair across from me.

 

He has reason to be upset. 

 

Brian is a victim of the financial side of elder abuse. His younger brother, he tells me, stole thousands of dollars from him when Brian moved into an assisted living home in Tucson in 2003..

 

He came to Tucson from California with about $250,000 and ended up with $12,000. The money, which Brian earned over 33 years as a teacher, started to disappear after his brother was granted a [pwer of attorney to take care of his health issues and finances.

Although his brother thought he didn't have much time left, Brian soldiered on. In 2008, he visited his technologically savvy son in San Francisco, who finally uncovered that Brian’s brother had lied to him about how much his California condominium had sold for (he thought it went for $139,000, he says it actually sold for $295,000).

"Feeling there was something wrong" when he returned to Tucson, Brian unsuccessfully tried to broach the subject with his brother. Things took a turn for the worse when he got a letter from Medicare that said that because he hadn’t paid his fees for five months and was suspended from the program. His brother, he said, had been neglecting these payments.

“That’s very scary for an old person, not to have medical coverage,”he said.

Brian is not alone. More than 500,000 adults will be abused or neglected annually, and that number is probably an underestimate because many people are likely too scared or otherwise unable to seek help.

This is especially concerning when you take into account that the elder population is rapidly increasing. By 2050, 20 percent of the population will be made up of people who are 65 and older, and the fastest growing portion of the population is people 85 and up.

Thankfully, Handmaker — the assisted living home where Brian lives — has a policy where if you’ve been living at their facility for at least three years and your money runs out, they don’t kick you out. Handmaker also doesn't look like your typical assisted living home. With long, wide hallways, tall ceilings and a plethora of windows, it almost has a university feel to it.

Full Article and Source:
This Man's Shocking Story of Elder Financial Abuse Will Make You Hug Your Grandparents

Family Court judge to face disciplinary hearing in December

The Nevada Commission on Judicial Discipline has set a Dec. 2 public hearing in Las Vegas into allegations Family Court Judge Steven Jones mishandled a romantic relationship with a prosecutor who appeared before him.

The hearing had been scheduled for July 29, but Jones and his lawyers mounted an 11th-hour campaign at the Nevada Supreme Court and District Court to block it.

Both courts denied the judge’s bid, but the hearing had to be put off amid the legal wrangling.
Jones contended the judicial commission failed to follow its own rules when investigating him and violated his due process rights.

Commission lawyers maintained the judge’s rights were protected and his last-minute effort to derail the disciplinary proceedings was a ploy to avoid sanctions.

According to a 12-count complaint filed by commission lawyers in December, former Deputy District Attorney Lisa Willardson “actively litigated cases” in the judge’s courtroom while she maintained a relationship with him in 2011. Jones didn’t disqualify himself from her cases.

The Nevada State Bar, which regulates lawyers, declined to discipline Willardson, who was fired from the district attorney’s office after the relationship was revealed.

The professional organization sent her a “letter of caution” that suggested her conduct “undermined” public trust in the justice system.

Jones has denied the misconduct allegations, first brought to light in a 2011 Las Vegas Review-Journal story.

The judicial commission suspended Jones in November after a federal grand jury charged him with participating in a $3 million investment fraud scheme.

Jones, who is to stand trial in the criminal case March 3, has continued to receive his $200,000 annual salary.

Full Article and Source:
Family Court judge to face disciplinary hearing in December

See Also:
Judge Jones tries to stop discipline hearing over alleged mishandled relationship

Expedited Probate Docket Is An Initial Success

Over a month ago, Davidson County Trial Courts approved the establishment of an Expedited Probate Docket.  Judge Randy Kennedy and Presiding Judge Joe P. Binkley, Jr. jointly announced that due to the large and growing volume of cases filed in the Seventh Circuit Court; it has been determined to be in the best interest of the public and for the efficient administration of justice to establish and maintain an Expedited Probate Docket, as distinguished from the regular probate dockets.

Over 100 cases have been tried by Special Probate Master Jennifer Surber and Special Master John Manson who alternately preside over expedited dockets and conduct hearings on uncontested probate matters including name change petitions, small estate administrative proceedings, petitions to administer intestate estates, petitions to probate wills, codicils and other testamentary instruments.  

Full Article and Source:
Expedited Probate Docket Is An Initial Success

See Also:
TN: Conservator Jeanan Mills-Stuart and Judge Randy Kennedy

Huguette Clark estate trial delayed 2 days to allow attempt at settlement

Huguette Clark estate, "Empty Mansions"

The copper heiress Huguette Clark
 poses in a Japanese print dress
 in about 1943, when she was 37.

NEW YORK — A last-ditch effort at a settlement is delaying Tuesday's scheduled start of the trial to determine who will inherit the $300 million estate of Huguette M. Clark, the reclusive heiress to a copper mining fortune, attorneys said Monday.

To allow time for negotiations, jury selection has been put off until Thursday morning in Surrogate's Court in Lower Manhattan.

The office of the New York attorney general, Eric Schneiderman, is trying to broker a settlement, attorneys said. His office's Charities Bureau has made previous attempts, but Clark's relatives, who are challenging her last will and testament, have not been able to find common ground with the beneficiaries named in the will.

 

It wasn't clear Monday night how close a settlement might be. Several of the more than 60 attorneys in the case declined to comment. Schneiderman's office had no comment.

 

Huguette (pronounced "oo-GET") Marcelle Clark was the youngest daughter of former U.S. Sen. William Andrews Clark (1839-1925), one of the copper kings of Montana and one of the richest men of the Gilded Age, a railroad builder and founder of Las Vegas. Born in Paris in 1906, Huguette was a shy painter and doll collector who spent her last 20 years living in simple hospital rooms. She attracted the attention of NBC News in 2009 because her fabulous homes in Connecticut, California and New York sat unoccupied but carefully maintained.

Visit NBCNews.com for breaking news, world news, and news about the economy

Full Article and Source:
Huguette Clark estate trial delayed 2 days to allow attempt at settlement

Cuyahoga County and Other Jurisdictions Don’t Live Up to Sunshine Law , Ohio Auditor Says

Ohio Auditor Dave Yost says a test of 20 counties and cities from different areas of the state shows about 40 percent are not fully following Ohio’s Sunshine law. 

"I would say I was disappointed,” he said. “You know, transparency has become such a watch word for local government and state government—government everywhere. And we see so many people in local governments fighting to maintain and further that transparency, but we also see places where the door is being shut, the curtains are being drawn. And barriers are being erected. And that’s just wrong. When government is not open but is closed, it’s a short path for government to become our master instead of our servant.”

Yost’s findings show Crawford County as well as the cities of Beavercreek and Bowling Green failed to track public records requests by date and fulfillment. In Cuyahoga County, Yost says there’s a lack of consistency across county departments on how public records logs are kept. He notes there is a lack of evidence that county officials attended public records training and the manual for those employees did not include public records training requirements.

Full Article and Source:
Cuyahoga County and Other Jurisdictions Don’t Live Up to Sunshine Law , Ohio Auditor Says