Judge to Senator: Get Your Hands Out of That Trust Fund

A court has ordered state Sen. Judith Zaffirini to stop paying herself out of funds that she is supposed to be managing in trust for the heir of two wealthy sisters.

Zaffirini and her associates have paid themselves more than $1.2 million in various attorney’s fees and executor fees out of a cluster of interlocking partnerships, trusts, and an estate they control for the ostensible benefit of Rocio G. Guerra.

Guerra sued Zaffirini and her associates, alleging that they are effectively looting the inheritance that her mother and aunt left her and her two children. That inheritance, mostly real estate in a fast-developing part of Laredo, has been valued as high as $150 million.

In response, Zaffirini’s side filed papers arguing that Guerra, her distant cousin, should forfeit her inheritance. They also cut off her monthly support payment last September, after a dispute over a car purchase.

In orders filed during the past three weeks, Judge Jesus Garza rejected the argument that Guerra should forfeit her inheritance, ordered Zaffirini and her associates to continue monthly support payments to Guerra, and restricted their attorney’s fees to $15,000 a month, payable to the lead attorney.

Zaffirini’s side had been billing fees upwards of $100,000 a month through the beginning of this year. She and her associates had already collected $420,000 in executor fees from estate that only had $107.169  in cash and receivables.

Garza found that if Zaffirini’s side kept scooping so much money out of the trust, it would “make ineffectual a judgment in favor of Rocio Guerra, in that it may cause the irretrievable loss of substantial assets that were meant to benefit… Rocio G. Guerra and her two minor children …”

The court also ordered  Zaffirini and associates “to desist and refrain from … (p)aying their legal fees and expenses from the Fiduciary Assets … (and u)sing any of the Fiduciary Assets for their own personal benefit …”

Source:
Judge to Senator:  Get Your Hands Out of That Trust Fund

Sources Say Kasem Family Will Not Battle Over Burial Site

Casey Kasem's three eldest children have no plans to fight their estranged stepmom over his final resting place, sources told the Daily News on Monday.

The kids – Kerri, 41, Mike, 40, and Julie, 38 – were at his bedside when he died early Father's Day morning and say they believe his spirit will be with them when they hold a memorial service next weekend without any physical remains, a family source told The News.

Kerri was her dad's conservator during his final days in hospice but informed the hospital shortly after his death that her stepmother, Jean Kasem, was taking over as the decision maker, Kerri's lawyer told The News.

"I was contacted by (Jean's lawyer) Steve Haney and asked if we would make arrangements with the hospital for Casey's remains to be turned over. We immediately responded that we'd be happy to do so, and Kerri informed the hospital that Jean had complete authority regarding final disposition," lawyer Troy Martin said.

Full Article and Source:
Casey Kasem's Kids, Wife Jean Kasem, Won't Battle Over DJ's Burial Site, Sources

Daughter Appointed Temporary Guardian of Iowa Representative Rayhons' Wife

Judge Colleen Weiland has ordered the daughter of State Rep. Henry Rayhons' wife, Donna Lou Rayhons, to be her mother's temporary guardian.

Weiland issued the order in Hancock County District Court Tuesday.

Suzan Brunes of Klemme will be Donna Lou Rayhons' temporary guardian. Donna Lou Rayhons is a resident of Concord Care Center in Garner.

Henry Rayhons, 78,  has been a state representative since 1997. He's been married to Donna Lou Rayhons since 2007, according to court records.

The parties also said they were working on a stipulation concerning other issues about visiting Donna Lou Rayhons which would be presented to the court at a later date, Weiland's order said.

Brunes said her mother has Alzheimer's disease.

"...certain issues have arisen while (Donna Rayhons) has been a resident of Concord Care Center including, but not limited to issues between her spouse (Henry Rayhons) and her other family members, but also between her spouse and the staff at Concord Care Center," Brunes said in her application.

Brunes said Henry Rayhons has difficulty following parameters set by Concord Care staff about removal of Donna Rayhons from the care center without staff permission, being in her room with the door closed, and not entering Donna Rayhons' room because of alleged conflicts with her roommate.
The problems caused by the situation has caused her mother's mental health to deteriorate, Brunes said in her application.

A final hearing on the appointment of a guardian and conservator is set for 11:30 a.m. Aug. 12.

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Daughter Appointed Temporary Guardian of Iowa Representative Rayhons' Wife

Guilty Pleas in Financial Elder Abuse Spur Call for Legislative Action

Three cases of elder financial abuse totaling nearly a half million dollars have led Erie County’s top prosecutor to call for legislative action.

District Attorney Frank A. Sedita III on Wednesday urged state lawmakers to approve a package of bills that would help prevent and combat such crimes.

“There is simply no good reason to continue to dawdle, dither and haggle while our seniors continue to be exploited by this especially low form of swindler,” he said.

Sedita issued his call for action after three people pleaded guilty this week in three separate cases to taking financial advantage of elderly people.

Sedita said the three cases show the need for the Legislature to act on the legislation package, sponsored by Assemblyman Robin L. Schimminger, D-Kenmore, and State Sen. Patrick M. Gallivan, R-Elma.

The bills are based on the recommendations of the New York State White Collar Crime Task Force, on which Sedita served as co-chairman. The task force report was released last September by the District Attorneys Association of the State of New York.

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Guilty Pleas in Financial Elder Abuse Spur Call for Legislative Action

Florida: Two State Agencies on Hotseat

The state departments that are supposed to protect children and mentally-retarded inmates are being challenged in the wake of incidents that led to preventable deaths.

First, State Sen. Eleanor Sobel accused the Department of Children and Families (DCF) of a “cover-up and a whitewash” after the agency said no records were generated during an internal investigation into a previous alleged cover-up, the  Miami Herald reports.

Second, there are questions about suspicious deaths of inmates at prisons in the state that were never investigated by the Department of Corrections, the Miami Herald reports in a separate article.

Regarding DCF, the genesis of the cover-up accusation was the discovery that a regional office that covers Broward, Palm Beach and three other counties failed to write and send in reports on the deaths of 30 children known to the agency as being at risk of harm. At the time, last fall and early 2014, the Herald was known to be preparing a report on such deaths.

That report, Innocents Lost,  was published in March. It said 477 children supposedly under DCF watch had died in Florida over a six-year period. The series led to legislative hearings and bills to overhaul the agency.

More recently, the Herald reported that the 30 deaths from Southeast had been withheld from the total. DCF Deputy Secretary Pete Digre was assigned to investigate.

When he finished, Digre said Regional Administrator Dennis Miles may have violated the letter of the law, but didn’t intentionally “shield information from anyone,” the Herald reported. DCF Secretary Mike Carroll gave Miles two days of suspension without pay.

“I can assure you that no information was destroyed, and no child deaths were unaccounted for,” Carroll said.

When the Herald tried to obtain the records of the investigation, Digre and Carroll said there were not any — nothing on paper, nothing digital.

Sobel, a Democrat who chairs the Senate’s Children, Family and Elder Affairs Committee, said the agency is engaging in a huge cover-up to preserve its public image. “They are obstructing information, they are obstructing justice, and they are obstructing transparency,” she told the Herald.

Full Article and Source:
Sarasota Crooked Lawyers:  2 State Agencies on Hotseat

Innocents Lost

Bret Bohn's Guardianship Terminated!

Anchorage Superior Court Judge Erin Marston signed an order Tuesday officially terminating the state guardianship of Bret Bohn, a 27-year-old Wasilla hunting guide entangled in a high-profile medical custody battle. Bohn's family had long fought their son's hospitalization, alleging he was being held against his will and forced to take drugs he didn't want or need.

Bohn spent seven months in Anchorage and Seattle hospitals diagnosed with a brain infection. A state-appointed guardian made his medical decisions.

An Anchorage magistrate recommended ending the guardianship during a closed-door hearing Friday. Mario Bird, the family's attorney, confirmed in an email Tuesday that the case was closed and, he wrote, "Bret’s family is celebrating!"

Source:
Judge Terminates State Guardianship for Bret Bohn

See Also:
Judge Recommends Removal of Legal Guardian for Bret Bohn

NJ Lawmakers Move to Stop Patient Transfers Until Death of Two Disabled Residents Investigated

In the wake of two choking deaths of severely disabled residents moved from developmental centers, lawmakers moved Thursday to stop patient transfers until the deaths are investigated and evaluations of the moving process can be completed. The state is planning to close two of its seven developmental centers, which care for people with disabilities.

Closing the North Jersey Developmental Center in Totowa and the Woodbridge Developmental Center would necessitate moving hundreds of people.

State officials say transitioning residents from these centers to privately run facilities with more community access is helpful and can save money.

“The urgency today is because of the two confirmed deaths,” said Assemblywoman Valerie Vainieri Huttle, D-Englewood.

“It’s about the most vulnerable people in New Jersey,” she said. Huttle said that she wanted to slow the process for closing the facilities down until there was proof everyone could be properly cared for.

A spokeswoman for the state Department of Human Services said previously there was no “causal connection” between their transitions from the developmental centers and the deaths.

The bill was released by the Assembly Human Services Committee on a 4-2 vote.

The  measure appears unlikely to become law.

It would have to be signed by Governor Christie, whose administration initiated the plan to close the developmental centers. Opponents of the bill said closing the centers now makes sense. “We just feel it is a little late in the process to be stopping and hitting the pause button on these transfers,” said Sharon Levine, a lobbyist for the Arc of New Jersey, a disability advocacy organization.

The bill would also halt the transfer of people with disabilities that receive care out of state from being transferred against their will to a facility in New Jersey.

The initiative, called the “Returning Home New Jersey,” seeks to move people from out of state closer to their families. Some families, however, expressed fear that their loved one would be upset by the disruption in their lives and receive a lower quality of care.

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NJ Lawmakers Move to Stop Patient Transfers Until Death of Two Disabled Residents Investigated

Ohio Attorney, James Thomas Jr., Sentenced for Theft from the Elderly

Ohio attorney general says an attorney convicted of stealing from western Ohio residents while acting as their guardian has been sentenced to prison.  

Attorney General Mike DeWine says 38-year-old James Thomas Jr., of Brookville, was sentenced Tuesday in a Preble County court in Eaton to four and a half years in prison.

 Thomas was ordered to repay more than $200,000 to victims.

 Thomas' attorney didn't immediately return a call for comment.   DeWine said Thomas was charged with three counts of theft from an elderly person or disabled adult and three counts of falsification after investigators found that Thomas took hundreds of thousands of dollars from four people's bank accounts between 2007 and 2013.  

Investigators say Thomas said he took money to support an addiction to the drug ephedrine.  

Source:
Ohio Attorney Sentenced for Theft From the Elderly<

Former Bexar Co. Judge Indicted on Bribery, Extortion, Fraud Charges

A 15-count indictment filed against a former Bexar County judge alleges the judge engaged in a scheme to defraud citizens of their right to his honest services.

The court document was filed Wednesday afternoon. It charges 50-year-old Angus Kelly McGinty with one count of conspiracy to commit federal bribery, one count of bribery, one count of extortion and 12 counts of honest services wire fraud.

The indictment alleges McGinty solicited and accepted bribes from San Antonio lawyer Alberto Acevedo, Jr. over a nine-month period in 2013.

In the scheme, McGinty reportedly received gifts, services and payments from Acevedo that totaled more than $6,655, according to the indictment. In exchange, McGinty would return favorable rulings for Acevedo’s clients, including "lenient sentences and less restrictive conditions of release."

Sources outside the courthouse said McGinty swapped with Acevedo, giving the attorney bond reductions on his cases in exchange for auto repair work on the judge’s vehicles.

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Former Bexar Co. Judge Indicted on Bribery, Extortion, Fraud Charges