Friday, December 25, 2009

A Cristmas Prayer


Tis the season to be with family and be thankful for all the blessings bestowed upon us.

At this time there are many cross currents that are pulling at us from all different direction many suffer from PSTD some from the war abroad and some from the war from within.

All in all we have to be thankful that we are still able to voice our opinions and be with our loved ones this season.

Those that are overseas fighting our prayers go out that you might return safely home, and those in exile we pray that you might be able to return home.

Close the door of hate and open the door of love all over the world. Let kindness come with every gift and good desires with every greeting. Deliver us from evil by the blessing which Christ brings, and teach us to be merry with clear hearts.

God Bless

The Editor

Merry Christmas from EstateofDenial.com

Posted: 24 Dec 2009 03:47 PM PST

We’ve published an interesting blog post out of Florida on the attitude and actions of that state’s Bar and Supreme Court with regard to attorney misconduct. It makes some great points that can likely also apply to other states with regard to attorney misconduct and attorneys’ obligations to report bad acts.

Florida seems to stay on our radar of late and speaking of heavy-handed public officials, thanks to Paul for calling attention to this tragic story out of Naples regarding a woman who wants nothing more this Christmas than for her parents’ guardian to allow a family visit. Naplesnews.com reports that the parents are now residing in an assisted-living facility with the father, Marcel Vozzella, allegedly drugged due to expressing unhappiness with being removed from his home and separated from his daughter. Meanwhile, also reported is that $40,000 per month is being spent to pay the couple’s expenses. Wonder if that includes the guardian’s fee?

Getting this story late Christmas Eve afternoon serves as an important reminder for our audience to recognize and appreciate that for which we have to be thankful this holiday season. But also, get ready for 2010. This next year will be a bumpy one, but as someone far smarter than us once said, anything worth having is also worth fighting for. To those fighting probate corruption/estate abuse as well as others determined to battle the additional threats to American liberty and property, prepare as a big year with the prospect of much progress is ahead.

Meanwhile, Merry Christmas!


Monday, December 21, 2009

Letter From Janet Phelan to Judge Cahraman in Riverside Co.California

Janet Phelan

258 A Street #1-15

Ashland, OR 97520

December 18, 2009


Re: RIP 080974

To Riverside County Presiding Judge Cahraman:

This letter will expand upon my letter of December 2, 2009. I request that you respond within five days of receipt, as your position as Presiding Judge of Riverside County mandates your administrative oversight of illegal, malicious and corrupt acts by the judges in that court.

I am in receipt of your recent letter, in which you state that I am liberally accusing judges of corruption. You furthermore state that you can see there is no basis to my allegations.

Apparently you are unfamiliar with the case at hand, RIP 080974. Therefore, this document will serve to alert you to the degree of judicial misconduct attached to this case. All the documents mentioned herein are on file with the court, but to alleviate you of the burden of research I will provide them herein.

  1. On June 27, 2002, Commissioner Joan Burgess presided over a hearing on a TRO against me. In the course of the hearing, she gave certain orders, which are revealed in the minute order attached (Ex 1). J. David Horspool produced the Order after hearing, actually produced TWO orders after hearing, and added a stipulation which essentially gagged me from discussing the conservatorship and RO proceedings with my mother, Amalie Phelan, the conservatee (Ex2). While the order after hearing on file with the court mentions this gag, the order after hearing which I was served with does not. Had I not found out about the discrepancy and modified my speech with my mother, I could have been jailed for contempt of court, and never known that I was so gagged.

  1. On August 1, 2002, the Restraining Order came to hearing in Judge Stephen Cunnison’s courtroom. Cunnison signed the RO into permanence without ever calling the matter to hearing and without ever allowing me to face my accusers. This is revealed by Cunnison’s own minute order (Ex 3), in which no one is listed as being present in the courtroom and also by the notarized letter from Jack Smith (Ex 4). I had obviously been in court all morning—evidenced by the minute order for the previous hearing, which was on the permanent conservatorship (Ex 5). Cunnison therefore violated my due process, which is both a statutory and Constitutional violation.

  1. And on October 8, 2002, Stephen Cunnison signed a second Restraining Order against me, (Ex 6) blocking me from contacting my mother’s physician, the Federal Bureau of Investigation, Central Intelligent (sic) Agency, the local Police Department, the Adult Protective Services located in the County where my mother resided, the American Medical Association and any and all licensing agencies for care facilities. In other words, I was disallowed to contact ANY agency which could conceivably help my mother. The restraining order stated that I was not to “make false reports” to these agencies. The fact is that none of my reports have ever been determined to be false. When trying to contact the Temecula PD later in 2002 concerning a bona fide identity theft issue, I was informed by Detective Winker that I was “restrained” from contacting him, even though the report was not about Amalie Phelan. With one flourish of his pen, Stephen Cunnison therefore struck down all the conventional legal protections offered a citizen of the United States of America, leaving both me and my mother completely unprotected should further crimes be committed against us.

  1. Burgess (formerly named Joan Ettinger) again issued a void order on April 30, 2008, when she overrode my objection that attorney Horspool not be granted permission to go into the Trust and retrieve his court costs, as these had previously been denied by Judge Lefkowitz in Santa Monica Superior Court (Ex 7). The issue involved a Restraining Order motion I had brought against attorney J. David Horspool in Los Angeles County. Commissioner Burgess does not have the authority to override a decision made by a Judge in a different county on a case never brought before Commissioner Burgess. This constitutes a violation of article 6 of the California State Constitution.

  1. By failing to act on my Request for a Continuance, Commissioner McCoy violated the stipulation that a Judge has a duty to act. I refer you to the case report as Ex 8 to see where he ordered the Request into the file on August 5th, 2009 and refused to act.

  1. Judge Tranbarger has now rejected moving papers, my Ex Parte application for a Reconsideration, without giving a reason or explanation. He is thus refusing me reasonable access to the court. I won’t insult your legal expertise by listing the enormous amounts of case and statutory law which forbid him from so doing. Tranbarger also vacated the sanctions hearing against Attorney Horspool and acted as defense counsel for same by supplying his “thinking” on why Horspool failed to appear, before Horspool gave any reason whatsoever, at least in open court, Judge Tranbarger has also ignored TWO MANDATORY Judicial Notices. The law does not provide him that luxury. The Request for Reconsideration (Ex 9) references, among other issues, a void order that Tranbarger issued on October 23, 2009 , in which he improperly delineates too short a time for my response to the Final Accounting. This is a violation of CCP and also the Hague treaty, both of which mandate extended response times for those residing out of the country. My sources tell me that Tranbarger has had ex parte conferences with the other side. While this would explain his disinterest in my rights, it certainly does not exonerate him from his judicial oaths, which he is now violating with increasing abandon. I have written him and asked him to recuse himself. I strongly suggest you urge him to do so.

I will look forward to your response to this letter within five days of receipt. Please be advised that you are bound by the Judicial Canons, including Canon 3, which state that (1) Whenever a judge has reliable information that another judge has violated any provision of the Code of Judicial Ethics, the judge shall take or initiate appropriate corrective action, which may include reporting the violation to the appropriate authority.*

(2) Whenever a judge has personal knowledge that a lawyer has violated any provision of the Rules of Professional Conduct, the judge shall take appropriate corrective action.


In closing, I will note that you did remove both Commissioner McCoy and Judge Sharon Waters promptly from my case when I researched and reported on their property loans. I want to thank you for those actions, which were highly appropriate given the implications of their financial transactions. If I do not hear back from you within the mandated time period, I will consider you to have vacated the Judicial Canons and your oath of office and will proceed accordingly.

Sincerely,

Janet C. Phelan

Toronto, ON

Cc: Commission on Judicial Performance

Jack Leonard, Los Angeles Times

Mark Gutglueck, San Bernardino County Sentinel

Cassie MacDuff, PE

Stacia Glenn, San Bernardino Sun


Bcc:


Friday, December 18, 2009

Letter From the Editor - Does Anyone Care?

Dear Readers:

I try not to stray to far on this blog from the topic at hand, however I recently wrote about a topic that's dear to all of us and that topic being freedom of expression.

I recently wrote a letter to my most loyal supporters that seems to have hit a nerve and I will reproduce it here for you and print some of your responses without the name to protect the identities which is something that has to be done in todays climate of fear and repression.

You in the US are no longer free to express your opinion, as an example military blogger: Blackfive writes "milblogs are facing an increasingly hostile environment " hostile environment as in 'Cuban Blogger' and Iranian Blogger' Hello! I am I the only one to see the connection here?

Blackfives continues " with milbloggers receiving reprimands, verbal and written, not only for their activities but those of spouses and supporters."

Well you might say "no reason for alarm" reprimands are not as bad as beatings , again Hello! anyone paying attention to what is happening in the US ? Does anyone care?

The catalyst has been the treatment of millblogger C.J. Grisham of A Soldier's Perspective (http://www.soldiersperspective.us/).

C.J. is having to raise funds to cover legal expenses to protect both his good name and his career.

Blogger C.J. Ultimately, was forced to sell his blog to help raise funds for his defense in this matter.

Well you might say,"Ray what does this have to do with me 'We are not military bloggers, the campaign is only directed to silence Military Bloggers'

Well again "Hello America!" Does anyone really give a damn that the Constitution and freedom of speech is rapidly becoming a moot point?

The fact that I had to leave my adopted country in order to exercise my right to free speech after having to spend thousands in attorneys fees in order to defend my right to keep my blog and ultimately had to leave to escape persecution, along with Journalist Janet Phelan and countless others is not important, but when an important segment as is military bloggers are forced to sell their blogs to a third parties that will accommodate the party line, 'Should this not be a cause for concern?

If a segment of the blogsphere is being silenced, starting with ElderAbuse and Elder Financial Abuse issues, and now military bloggers, discreetly as it might appear, how long do you think it will be before they come after you?

If you think not then continue to crow about how free you are, and continue to concentrate on how other people don't have the right to free speech while you lose yours and the carpet is being pulled put from under you and go in your merry way........

Yours Truly.

The Editor
ElderAbuseHelp.Org


Letters To Editor - No One Cares!

Happy holidays, Ray:

The answer to your question if this: NO ONE CARES

The US has created a hostile environment for us to live in and answers to its GODS-
Business, profit, the rich, corporate greed...finally, however, some people realize it and give up
like me. I battled this for 10 years, went broke doing it, caused myself health ramifications and more

FOR WHAT?


Democracy has never been by and for the people...at least not in the last 50 years...
there are TOO MANY SECRETS, too many corporate alliances (i.e. witness healthcare debate and
the power of the insurance lobby---do you think for a MINUTE this only happens in healthcare
insurance?)

This is what happens to our seniors...they are consumed by probate judges, elder care lawyers, social and protective services. They dehumanize us and our beloved seniors for GREED.

That's the mantra of America...profits before people...and it's always been that way or at least
since the USA knew Pearl Harbor was about to happen and did nothing in hopes of fueling the rich
and powerful corporations.

Viet Nam was the same way....lots of conspiracies say that was true in Kennedy's death (RFK & JFK) and with the WTC...there's plenty of video on the net. Take a look at it.

Ray, you did right by leaving the country. America is not what we were sold...that we were the "bastion" of freedom and yet our numbers suffer because corporate freedom to put profits before people is American domestic policy.

When the will of the people is circumvented by the will of corporate America...you got it exactly right:
NO ONE CARES...everyone is now caught up in trying to survive the joblessness, inflation, the lies,
the media that shoves starlets, weight problems, Tiger's extramartial affairs, etc down our throats rather than the truth.

There is not one person that is safe in this country...this is a police state, a lawyer state, a judge state, a corporate state and you all better accept it or leave this country. Our country is an illusion...things started out idealistic but big business and other countries now own us and there
is no where to hide.

Stay out of the system if you can...trust no one, mind your own business, go into business for yourself
and rebuild the American dream in your community. That's the only way not to be a consumable here in the America we thought was for the people, by the people....we do not matter....nothing does
except how much money you represent to anyone of the bottom feeding entities including the US government and those mentioned above...

it's every man and woman for themselves...use caution with EVERYTHING.

God bless you, Ray....you did the right thing leaving this country...in a place where mental midgets say, "this is America, love it or leave it" leaving it is just plain old good common sense.

-An ex-patriot

NY Courts-New York Court Corruption.

EstateofDenial.com has brought to our attention a blog called NY Courts-New York Court Corruption.

The information on this blog about the corruption in the New York Unified Court System will disgust and frighten you and propel you into a world of racketeering, greed, larceny, malicious prosecution, and outrageous disdain for due process, the Rule of Law, the United States Constitution, the Bill of Rights and Professional Responsibility Standards, Rules and Statutes.

Wednesday, December 9, 2009

Letter to Editor from Scamraiders.Com : Rebuttal

Dear ElderAbuseHelp.Org:

It has come to our attention that you recently posted a blog questioning the integrity of our website, Scamraiders.com, using information you received from Mr. Kenneth V. Gomez, Esq. While we understand that Mr. Gomez has created a blog himself recently, attacking our founder, James C. Couri, we'd like you to re-consider your blog post, or at the very least allow us to respond to his accusations.

1)Scamraiders is a legitimate website and social network, created to fight scams and corruption. We have featured several articles on scams targeting seniors and were recently profiled by ABC NewsChannel 3 in California (http://www.kesq.com/Global/story.asp?S=11624447). We have a staff of writers who contribute articles on many forms of corruption, including court corruption, where we found multiple instances of illegal and underhanded activities perpetrated by Mr. Gomez.

2)Mr. Gomez has been the target of some of our investigations, and we have documentary evidence of his involvement with bribery, corruption, perjury and other instances of wrong doing (http://www.scamraiders.com/page/a-new-york-lawyer-2 ) (http://www.scamraiders.com/profiles/blogs/kenneth-v-gomez-esq-on-july-13 ). His personal vendetta against Mr. Couri has compelled him to write a blog, which rehashes old cases, exhibits a painful affidavit coerced from Mr. Couri's mother at the end of her life, and takes many questionable quotes from court documents and presents them out-of-context.

3)We have invited Mr. Gomez, on numerous occasions, to refute the evidence our investigators have uncovered and present a counter-argument to our claims. Instead of answering these charges directly, he has engaged in a campaign to malign and character-assassinate Jim Couri, using the questionable evidence mentioned above.

4)While Mr. Couri has been involved in some controversial court cases, he is also the recipient of the Senatorial Medal of Freedom, was appointed to the 2006 Congressional Business Commission, President Business Commission and was awarded 2006 Businessman of the Year by the United States Congress. (http://www.scamraiders.com/page/about-jim-couri )

5)We admire the work you are doing at ElderAbuseHelp.org and believe that our missions are similar (http://www.scamraiders.com/page/scamraiders-mission-statement ) -- we're sorry for the trouble that this may have caused you, but we feel compelled to make our case and let you decide how best to proceed.

We invite you to take a closer look at our site at your convenience -- we believe you will find that, in spite of Mr. Gomez's arguments to the contrary, our real mission is to let the public know about unscrupulous criminals, swindlers and scammers as a service to the public.

Thank you so much for your time and consideration.

Sincerely,

Scamraiders.com Staff
---------------------------------------

Dear Staff at Scamraiders.com:

Thank you for your letter, unfortunately I have little time to investigate so I mostly report on information that is sent to me without the luxury of a staff to investigate the veracity of stuff that is sent to us, hence our disclaimer.

I am a firm believer of the right of free speech and that things have a way of sorting themselves out, and our readers are able to determine for themselves where to place their trust and right now the trust in the legal system is at a very low ebb.

One of the things that people admire most about the United States is that up to this point we have been able to exercise the right of free speech relatively free from fear , although in view of the recent spate of court corruption not always free from the fear of reprisals!

With your permission I will print your letter as a rebuttal to the allegations made by Mr. Gomez

Thank You

Ray Fernandez
Editor
ElderAbuseHelp.Org

Tuesday, December 8, 2009

Florida Increasingly Prone to Financial Scams!

Corruption threatening U.S. “soul and fabric”

Posted: 08 Dec 2009 05:14 PM PST

Corruption threatens “soul and fabric” of U.S.: FBI
Pascal Fletcher
December 8, 2009
Source=>>Reuters

BOCA RATON, Florida (Reuters) - Corruption, whether in the form of crooked officials, financial fraudsters or even philandering sports stars, is tearing at the fabric of U.S. society and is the country’s No. 1 criminal threat, a senior FBI agent said on Tuesday.

Addressing businessmen in Florida, where financial fraud cases jumped by 42 percent in the last year, FBI Miami Division Special Agent in Charge John Gillies said failures in personal ethics and integrity sowed the initial poisonous seeds of corruption in a society.

Gillies said transgressions by high-profile public servants and even perceived social role models, like top golfer Tiger Woods, currently embroiled in allegations that he had extramarital affairs, sent the signal to young Americans that cheating and stealing were acceptable.

“Where do our children learn this? They see us, their elected officials, their sports stars, they see how they act and they figure, ‘well it’s OK,’” he said, citing the case of Woods, whose early morning car accident in Florida last month triggered a storm of media questioning of his clean-living reputation.

“Money can’t buy everything,” Gillies said in a speech to the West Boca Chamber of Commerce in Boca Raton, Florida.

The special agent, who manages high-profile cases in Florida, the Caribbean and Latin America, in no way suggested Woods had committed any criminal offenses.

Florida police issued Woods a ticket for careless driving last week and said no criminal charges would be filed. He quickly paid the $164 fine, his lawyer said. Police also said no allegations of domestic violence were leveled.

Gillies, a 27-year veteran of the FBI, called corruption in all its multiple forms, whether in law enforcement or in the judicial system, or involving tax cheats and fraudsters, “our number one criminal threat” in the United States.

“It really gets at the soul and fabric of the United States when people are out there corrupting … it all starts with simple ethics violations,” Gillies said.

FOLLOW THE MONEY

He said public corruption investigations by the FBI were “huge” and had increased by more than 20 percent in the last five years, while financial scams — from securities and hedge fund frauds to Ponzi schemes — had jumped by more than 25 percent nationwide in the last year alone.

These cases involved hundreds of millions and even billions of dollars.

Florida in particular has been rocked by a number of high-profile Ponzi schemes this year, including fallout from the cases surrounding convicted Wall Street swindler Bernard Madoff and accused Texas financier Allen Stanford.

Gillies’ FBI team last week arrested a flamboyant Fort Lauderdale attorney, Scott Rothstein, and charged him with bilking investors out of $1.2 billion in a Ponzi scheme that funded his luxury lifestyle and political largess.

Rothstein, now disbarred, has pleaded not guilty.

Asked why the “Sunshine State” of Florida appeared to be so increasingly prone to financial scams, Gillies told Reuters the concentration of money in the wealthy Southeast state was “the number one” factor.

He said a high concentration of out-of-state Americans and foreigners was also a factor.

In his speech, Gillies also cited the economic recession as a contributing feature, as many victims were — often blindly, often out of greed — seeking to improve returns on money and investments in hard financial times.

He said offers of 15, 20, 25 percent returns in a recession should be an automatic “red flag” of possible fraud.

For those frustrated by diminished earnings eroded by the crisis the FBI veteran offered the following caveat against temptation: “The worst day at work is still better than the best day in jail.”

(Editing by Jim Loney and Howard Goller)

Monday, December 7, 2009

Documentary On Estate Dispute Going Forward

Estate dispute broadcast opportunity

Posted: 07 Dec 2009 11:54 AM PST

Canadian-based TV production company - CMJ PRODUCTIONS - is currently shooting a new documentary series called, `The Will´ airing on INVESTIGATION DISCOVERY. “The Will” tells the true life stories of complex and surprising disputes that have arisen surrounding a will, estate or trust.

The series is now accepting story submissions to appear on-air. They are looking for dramatic, unusual stories with numerous twists and turns, secrets and real emotion. Most importantly, all cases must have reached a final ruling or settlement in order to be considered. The company wants to interview all parties involved as well as their legal representatives. Stories from Canada, the United States or the United Kingdom will all be accepted. The goal of this series is to objectively illustrate both sides involved.

Each episode will explore why each party felt entitled to the involved inheritance and why they might have thought that others were less deserving than themselves.

Involvement with the series offers a great opportunity for legal experts to help viewers to deepen their understanding of the
importance of wills and estates.

If you would like to participate in this series, or have a case you think they should profile, please contact researcher Ramelle Mair at r.mair@cmjprod.ca.

For more information on the production company, feel free to check out the company website at: www.cmjprod.ca (CMJ Productions, 100-640 Notre-Dame, Saint Lambert (Quebec), Canada, J4P 2L1).

********

And this is a link for our pilot show:

http://investigation.discovery.com/tv-schedules/special.html?paid=141.15375.127470.39025.0

Take Action On Affidavit A.S.A.P. Re: Janet Phelan's Battle Against Corruption

California conservatorship affidavit update

A few weeks ago, we posted this request:

Journalist Janet Phelan regularly reports on conservatorship activities in California. An important appeals hearing recently took place regarding the licensing of conservator Melodie Scott. Scott was prominently featured in the 2005 Los Angeles Times series Guardians for Profit: When a Family Matter Turns into a Business. Click here for an overview of the proceedings. Two later articles are also available: As Scott’s Licensing Hearing Resumes, Conservatee Dies and Scott Licensing Question Now Up to Judge.

Janet sent this request for the EoD audience:

Steve Price, who testified at Melodie Scott’s licensing hearing, has constructed this affidavit for people to sign and will forward the signed copies to the Department of Consumer Affairs. At last count, I believe we have somewhere in the neighborhood of fifty signatures. The head of the DCA must sign off on whatever judgment the Administrative Law Judge comes up with; therefore, the DCA is the best place to lodge our concerns. Please post this with the Price’s email address and a request for signatures and forwarding to Price.

Thanks.

The affidavit text is available affidavit091120. Signed documents should be returned to SPRICE26@roadrunner.com.

Notification has now been received that affidavits are being prepared for submission such that anyone still wanting to participate should forward their signed document to Steve Price as soon as possible.

Allegations Made against Scamraiders.Com's founder

Kenneth V. Gomez, Esq. has recently written ElderAbuseHelp.Org and has presented arguments in making allegations that Scamraiders.com founder's James C. Couri is himself a fraud and a scam artist.

ElderAbuseHelp.Org first published information about Scamraiders in the article titled:

Corrupt Judges Beware of : Scamraiders:

Attorney Gomez has set up a website at : http://kvgnotes.blogspot.com/

Thank you attorney Kenneth V. Gomez for writting E.A. and bringing this up to our readers attention.....they are a smart bunch and they can come to their own conclusions.

Kenneth V. Gomez, Esq. can be reached by E mail at kg@kengomez.com

Friday, December 4, 2009

Florida Supremes Now Approve Corruption Grand Jury

Posted: 02 Dec 2009 07:50 PM PST by EstateOfDenial.Com

Fla. Supreme Court approves grand jury to investigate corruption
Bill Cotterell
December 2, 2009
The News-Press
http://www.news-press.com/article/20091202/SS15/91202046/1075/Fla.-Supreme-Court-approves-grand-jury-to-investigate-corruption
TALLAHASSEE — The third try did the trick for Gov. Charlie Crist today, as the Florida Supreme Court ordered creation of a statewide grand jury to investigate public corruption in South Florida.

The high court had turned down the governor’s request just Monday. Crist had initially petitioned the court to empanel a multi-jurisdiction grand jury to look into criminal activities statewide, and then filed an amended petition, but was unsuccessful.

So he filed another amended petition, giving more detail of the types of crimes he wanted the grand jury to investigate — everything from bribery and drug dealing to carjacking and fraud –while certifying that “these crimes are of a multi-circuit nature,” crossing the lines of counties and judicial circuits.

This time, the seven justices agreed, directing Circuit Judge Victor Tobin to preside over a 12-month grand jury term with jurors drawn from four circuits.

Crist cheered the court’s decision, saying it is vital that the work of state attorneys in separate circuits be reinforced by the statewide panel. Although the grand jury has unlimited jurisdiction, its work is expected to focus on Southeast Florida, where Crist has suspended many indicted public officials in nearly three years as governor.

Attorney General Bill McCollum also said he’s encouraged by authorization of the probe.

“Public officials should be held accountable for any illegal and dishonorable actions that violate the public’s trust,” said McCollum. “They should adhere to a higher standard, not make a mockery of the offices with which they were entrusted.”