Submitted by William Roberts
"Misleading unsworn or untested allegations maligning family members are the norm in forced guardianships. This would require legislation to amend the mental health statutes to mandate a due process hearing when there are allegations maligning a family member, before a judge is permitted to render any decision, including the right to trial by jury on behalf of the family member(s)."
These ladies are the "S0-Called Jerks" that Attorney Harvey D. Rogers was referring to,..
You can Email Attorney Harvey D. Rogers and let him know how you feel about him calling these sweet ladies "Jerks"- Here: rogerslaw1@aol.com
By Marc Lifsher and Andrea Chang, Los Angeles Times Staff Writers
California authorities said today they cracked a mortgage fraud ring that allegedly victimized thousands of Californians, some of them elderly and some who lost their homes.
The San Bernardino County district attorney's office this morning arrested five people and were waiting for two more to surrender to face charges of conspiracy, grand theft and elder abuse as part of a crackdown on alleged sub-prime mortgage lending scams with the California Department of Justice.
A related lawsuit filed in Los Angeles County Superior Court accuses six companies of using predatory lending practices to trap homeowners in illegal and expensive loans."As the mortgage crisis worsens, a growing number of fly-by-night companies are employing utterly brazen tactics to push homeowners into illegal and unconscionable loans," Atty. Gen. Jerry Brown said. "The illegal sales practices of these companies . . . included psychological pressure, forgery and outright lies.
"The companies, which did business throughout Southern California, used bait-and-switch tactics to take advantage of thousands of consumers, costing many of them their homes, Brown said.The six -- Lifetime Financial, Nations Mortgage, Greenleaf Lending, Virtual Escrow, Olympic Escrow and Direct Credit Solutions -- were operated by Eric Michael Pony, 25, of Tarzana and family members, the lawsuit said. The number of victims wasn't known, but Pony claimed to have arranged thousands of loans.
In a coordinated action, San Bernardino Dist. Atty. Michael A. Ramos announced that Pony, a former real estate salesman, was expected to turn himself in to authorities today.Pony gave up his state license in September 2007 after an investigation by regulators. Also expected to surrender was his sister, Paulette Pony, 23, of Tarzana, a notary public for Lifetime Financial.
The California secretary of state's office lifted her license in December for failing to disclose a prior forgery conviction. Five other Pony company employees were arrested and targeted with criminal charges.Ramos said his office, which had been investigating the operation for nine months, accelerated its action because several of the alleged victims were elderly.
One of the seven San Bernardino County residents harmed, Ramos said, was 75-year-old Luis Garcia, who agreed to a 50-year-loan with $1,000-a-month payments but instead was socked with payments of $2,254. Garcia later found that Lifetime Financial had falsified his monthly income and work history. He couldn't afford the payments and lost his house.
A statement issued by Brown accused Lifetime Financial, Nations Mortgage and Greenleaf Lending of promising borrowers unrealistically low payments of less than 6% a year and then having them sign contracts that carried higher interest rates. Lifetime Financial charged hidden loan fees of up to $20,000 per transaction, the statement said.
Brown said he was seeking penalties and restitution of more than $20 million and has already identified a number of bank accounts and properties for possible seizure.The combined criminal and civil action against the Pony family members and associates and their companies is believed to be the most ambitious by law enforcement since California's once-booming housing industry was hit last year by a crippling downturn that made it difficult for tens of thousands of borrowers to pay soaring sub-prime mortgages with adjustable interest rates.
The move, though limited, was welcome and would help "to rid the marketplace of the most egregious, illegal practices," said Paul Leonard, director of the Center for Responsible Lending, an Oakland consumer advocacy organization. "But, the illegal practices are only the tip of the iceberg. The vast proportion of the problems in the sub-prime market were caused by perfectly legal but systematic failures."The investigation of the Pony companies also involved the Los Angeles Department of Consumer Affairs, the California Department of Real Estate and the California Department of Motor
Vehicles.marc.lifsher@latimes.com andrea.chang@latimes.com
Several Local Television Stations want to interview people who have been been subject to a "Forced Guardianship"!
If you or anyone you know is in forced guardianship, please contact us regarding your experience immediately!!
Local media coverage is now possible to talk about this problem that is sweeping America!!
Please contact: ElderAbuseHelp.Org
By Lou Ann Anderson landerson@hot.rr.comLou Ann may be contacted at: info@estateofdenial.com
The first guest, Mary Garofalo, has been working at WNYW-FOX 5 News since 1998. Her tenacious reports with “FOX 5 Investigates” have earned her a reputation as an “electronic pitbull” and one of the toughest reporters in New York City.
Her hard-hitting investigations have landed con artists behind bars, uncovered corruption and exposed countless scams. Before FOX 5 News, Mary was seen nationally covering stories for the syndicated show “A Current Affair,” where she worked as a reporter and substitute anchor until the show ended. Her investigative reports have won her six Emmy awards and dozens of nominations.
The second guest is Marjorie Mikels, a practicing attorney and social justice advocate in San Bernardino County, California. She earned her J.D. from UCLA and has practiced law for twenty five years in the Inland Empire. Her community work has encompassed a wide range of issues from mounting political and legal opposition to the Ward Valley nuclear dump, to challenging illegal tax schemes, land grabs and water heists.
Download and Listen to This Sobering Interview With Marjorie Mikels and listen in to a very serious discussion that WILL forever change the way you think about this practice by a few in the 'Control Group" that is destroying thousands of families all across the nation.
Download the podcast here give it a few minutes to load at first you will hear about 30 secs of music then stay tuned for this award winning journalist and attorney Mikels excellent investigative work.
Exclusive Interview on "One if Land Two if by Sea" Click here=>>
The interview was un explainably knocked off the air and many listeners and admirers of Mary's Garafalo excellent investigating reporting were not able to tune in , however action by quick thinking technicians at KSKQ carried the day and the work is once again available in the station's archives here=>>
VENTURA, Calif.—Toni Radys won't be spending Mother's Day with Mom next month.
The 55-year-old Moorpark woman has been sentenced to 123 days in Ventura County jail for preying on her elderly mother.
Prosecutors say Radys pleaded guilty to insurance fraud, grand theft, mental abuse and financial elder abuse with a special allegation of a loss over $150,000.
Radys used false pretenses to add her name to the legal title of her mother's home, and she used a power of attorney to obtain a mortgage on a second property, then removed her mother's name from the title.
The daughter also stole from her mother's bank accounts and got a credit card and a life insurance policy in her mother's name. The insurance policy named Radys sole beneficiary and her daughter rang up debt on the credit card.
Prosecutors said Tuesday that Radys also verbally abused her mother and threatened to throw her out of her own home.
America needs a just judiciary and we all need to get involved to create and maintain a Just Judiciary for ALL.
Very often, citizens and their attorneys find themselves before justices, judges and other public official who because of Conflicts of Interests, subject one or both to grave injustices e.g. death, imprisonments, taking away of children, homes, life savings, wages, work licenses, and even public interest websites to silence the truth.
Richard Fine, a respected lawyer with a 35 year work history in government and private practice, discovered that a judge was consistently ruling against people with cases involving a particular entity that was paying the judge $40,000. a year, Mr. Fine asked to have a different judge hear the case so his client would receive a fair hearing.
The judge retaliated by complaining to the California State Bar, the lawyers union that also control lawyers license to work as lawyers who in turn took away Mr. Fine's license to work as a lawyer in California. When Mr. Fine appealed to the California Supreme Court to review and reinstate his license and sent them their requested fee of $590., the Justices responded with "Denied" postcard.
As all of the judges in the Los Angeles County Courts are receiving $40,000. from the same entity and making rulings benefiting this entity, Mr. Fine has asked the U S Attorney General for a Grand Jury to Investigation into the Conflicts of Interest in the Los Angeles County Courts.
Mr. Fine:is proposing a law and has drafted sample legislation for citizens to send to America's lawmakers to help curb Conflict of Interest Injustices He has also included a sample a cover letter to use.Please take time to Write, Fax or Email both the LETTER TO LAWMAKERS FOR CONFLICT OF INTEREST DISCLOSURE LAW and the PROPOSED CONFLICT OF INTEREST DISCLOSURE LEGISLATION to lawmakers,
Thank you
AHRC News Services Staff
SEE SAMPLE LETTER TO SEND ALL LAWMAKERS FOR CONFLICT OF INTEREST DISCLOSURE LAW - Filed under Comments
Key West, Florida USA -
Today we went to visit one of our favorite homeless elders who has been put through the mill. - His name is Eighty-Nine Cents, we call him that becasue he is always asking for Eighty-Nine cents, never a dollar, or fifty-cents always eighty-nine cents.
After older people have exhausted all of their means and have no where to turn, we brought hot tacos to the beach to feed them to help them to survive the cold.
Boca Raton, Florida -
by Sharon L. Rahn
My fiercely independent, proud, retired Army officer, and 86 year old dad was diagnosed with Alzheimer’s Disease in October 2006 at the VA in Riviera Beach. His driver’s license was revoked in May of 2005. None of his five professional, adult children have power of attorney.
His neighbors in Port St. Lucie report that he drives, even though my brother disabled his cars. The cars sit in his driveway, uninsured. Late in the evening, he will drive to bars looking to bring home young women “to take care of him.”
I visited my dad on July 21, 2007 to take him to lunch and one of these young women had broken into his house and was passed out on the bed in the guest room. I called 911. They removed her and dad’s physical driver’s license. She is a convicted, meth-addicted, and identity thief.
A set of his keys were missing and never found.
In December of 2007, paramedics were once again called to my dad’s house when a neighbor found him unconscious in a ditch in his front yard.
On March 2, 2008, my sister and I planned to take him to the VA for his monthly Coumadin check. It was our plan to meet with his primary care physician, social worker, and case manager for help in managing my father’s rapidly declining condition. Since attempts to make an appointment with these professionals failed, we were determined to sit and wait. He has congestive heart failure and has had several strokes.
On March 3rd, we awoke to my dad unconscious on the floor of the bathroom. We called 911, again. He fought them and refused to go..we gained his compliance.
The emergency room attending physician called us all into the room and said he could no longer live alone. While in the hospital, he locked himself in the bathroom, smoked with the oxygen on, and refused all tests and medication and they had nothing left to do but discharge him.
Dad had visited an independent living facility in Boca Raton on Thanksgiving and liked it.
He agreed to try it for a month. All of us brought him to Boca in a van. When we arrived, he wouldn’t get out of the car for 3 hours. When he did, it then took another 3 hours to get him into the apartment. He spent the night. We were there along with a lot of his things to make him more comfortable.
The next day, Saturday March 8th, he wouldn’t come out of his room. He urinated on everything and when a visiting nurse came, dad refused to see him. The nurse came out and strongly suggested we contact Department of Children and Families, Adult Protective Services.
This was our dad, and a very difficult thing to hear..let alone execute. We were unconvinced.
Sunday, March 9th, we decided to call DCF when we discovered that he had not taken any medicine since Thursday, March 6th. He was urinating all over the apartment and when we entered..came out violently calling us “crooks” and telling us to get the “f____” away from him.
This is not my dad.
We called the Alzheimer Hotline and they said to call DCF, Crisis Counseling since it was the weekend. We did that with much apprehension..yet with assurance that they could get him stabilized on his medication and help us understand what to do next.
The DCF Crisis Counselor arrived in the evening on Sunday, and said we should leave.
We discussed invoking the Baker Act, and we agreed to do so if that would get him the help he needed.
Hours later, the DCF Counselor called the Boca Raton Police and Fire Rescue to assist her. The officer called me to verify approval to Baker Act him. The family agreed. About 10 minutes later, we got a call from the Counselor saying the police officer had spoken to my father and refused to transport him.
In the opinion of the officer, dad was “fine”.
I spoke to the police officer and offered to bring my dad’s records. His response was “We are trained in these matters and your father is fine. You are liable since you brought him here against his will..you’d better make arrangements to get him home.”
After a 10 minute conversation, this officer assessed all that.
The very next day, Monday, March 10th..my dad, urine soaked, unbathed or shaven, and frail..was found, again, by Boca Raton police officers..wandering at the corner of Yamato Rd. and Dixie Hwy..and they simply escorted him back to the independent living facility. The Alzheimer Community Care Nurse, and the DCF Counselor were notified of the wandering..and still the police would not transport him to the Crisis Care unit in West Palm Beach to stabilize his medication.
On March 10, we drove my dad back to his home in Port St. Lucie where he is today.
He sits, resistant to his family intervention, still urine soaked, unbathed, unshaven, unmedicated and alone.
The System -
At a critical juncture for my dad, in a community of elders, our family failed to secure the resources of a medical institution (the emergency room and hospital), the community (Alzheimer Community Care), local authorities (Boca Raton Police Department, Boca Raton Paramedics, St. Lucie Paramedics), County resources (St. Lucie County Sheriff’s Department), State resources (Department of Children and Families, Adult Protective Services) and Federal resources (the Veteran Administration doctors, nurse practitioners, case managers and social workers).
What is wrong with a system that will not permit our father, a distinguished retired Lt. Colonel who served his country for nearly 40 years; raised 5 children to be professional, responsible citizens; has means and health insurance . . .to get the help he needs until his Alzheimer’s Disease progresses to the point where he lives in filth and incontinence and is vulnerable to exploitation and afraid to allow anyone into his home?
Millions of people suffer from this horrible disease in our community. Until we experienced it, we were unaware of true helplessness.
What is a family to do?
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Sharon, I think I know what your problem is and why you are having a hard time getting help for your father, the answer is money.
Your father isn't flashing the kind of money it takes to get a Conservator/Guardian's attention.
Insurance isn't good enough, he has got to have money,...cold hard cash and lots of it, and real estate too!
Atlanta ,Georgia USA
Cook County attorney stepped forward Monday as a candidate for judge in the troubled Alapaha Judicial Circuit, where incumbent Judge Brooks Blitch is the target of two separate corruption investigations.
Blitch is under investigation by the Georgia Judicial Qualifications Commission, which has accused him of 13 instances of judicial misconduct, and by the U.S. Attorney’s office as part of a four-year long corruption investigation of the circuit.
Miami, Florida USA By Alicia Rook April14 ,2007
I thought you would find the following very interesting.
Did you know that anyone can call Elder Services, and this in turn could set into motion a chain of events which could land an elder person 55+ in front of a Probate judge who can have this person declared incompetent?
This judge has the power to take all of the elder persons’ constitutional rights away, and appoint a court corporate guardian, their attorneys, caregiver personnel, and in turn, could cost everything he or she owns, [bank accounts, savings accounts, financial portfolio, social security, IRS's, 401k's], plus all of your real property, [home, furnishings, cars], yes, everything!
Key West,Florida, USA .- Clara went to court on Friday 11, 2007. Her family was hoping to get clarification at a hearing to approve Guardian fees of $9,706.00 at the rate of $400 per hour for paying her bills and peforming tasks that her family had been performing for years at no charge.
Unfortunately, due to Clara's disabilites, we were approximately seven minutes late and were not allowed to object to certain fees billed by the Guardian in the hearing, granting the Guardian to charge Clara $9,706.00 in service fees. And even though she is being well taken care of by her family, her Guardian is being paid and is never involved in her day to day personal care.
This financial drain imposed on Clara, seriously brings into question whether Clara will be able to afford to stay in her home long term. Clara's Social Security checks of nearly $1,802, which previously went to pay for Clara's medications and groceries, now, it goes to pay for the Guardians attorney fees.
The date on this notice for the hearing to approve Guardian fees was done on March 6th, 2008 and NOT sent to the family.Perhaps the Guardian did not notify the family because he may have felt that we, the family, do not have a right to be present at such hearing regarding the determination of how our loved ones money should be spent.Where the unsuccessful party has been prevented from exhibiting fully his case, by fraud or deception practiced on him by his opponent, as by keeping him away from the court..
Judicial Watch Blog
For more than a decade the government gave millions of taxpayer dollars to a man that claimed to help the mentally disabled but instead used the money to finance his lavish lifestyle, pay a close friend hundreds of thousands of dollars for a no-show job and make illegal campaign contributions to a local politician.
Although Seibert Phillips lied about his credentials (he falsely claimed he was a certified social worker with a master’s degree) and blew hundreds of thousands of dollars on luxury cars, expensive television sets and pricey alcohol, the government kept the money flowing without bothering to check how it was spent by the so-called social services agency he founded more than 12 years ago out of his tiny Brooklyn apartment.
Thanks to a local newspaper’s investigative series, Phillips and the agency he calls Center for Serving People in Need, has been exposed for massive fraud and corruption that has robbed more than 100,000 disabled people of much-needed services. Phillips actually used a $27,000 government grant to launch the agency and the public funds have generously poured in over the years, totaling $14 million.
Besides paying himself $300,000 to be executive director, Phillips used the government money to pay his buddy $250,000 for a now-show job, buy nearly $20,000 worth of gas for his son, give illegal campaign contributions to a Queens assemblywoman and pay for his expensive travel, wine and other merchandise.
Related Stories:
How Corrupt and Vindictive Can Probate Courts Be?" - Just Ask Retired Judge John Phillips! If you can find him.
By Christopher Ketcham ketcham99@hotmail.com
By BOB BARR
The California Court of Appeals has effectively outlawed home schooling, and the ripple effects of this judicial tsunami may be felt everywhere .
The intent of the California jurists to completely abolish home schooling could not have been clearer: “Parents do not have a constitutional right to home school their children.” To ensure the message was not misunderstood, the court held that violators could be prosecuted and jailed. With the stroke of a judicial pen, home schooling parents in California became common criminals.
In Orwellian language, this decision sends a clear message that children are to be considered obedient wards of the state. Parents who might disagree with the state-developed and state-sponsored curriculum or teaching methods are S.O.L..... slap out of luck.
Clearly also, the California court decision raises the truly dangerous possibility that shortsighted courts in other parts of the country will rush to act in a similar fashion. There is the harrowing specter of dissolving entirely a family’s right to control education.
Rather than calmly waiting for the effects of the California court’s opinion to be felt here, legislators and other state leaders should be speaking loudly and clearly against this destructive decision. They should already be reviewing our laws as they relate to home schooling —- to strengthen them against the onslaught that has now been empowered by the California Court of Appeals.
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Elders everywhere now have less rights than a convicted felon, now students and parents are losing their rights anyone care to venture who will be next?
Bloggers are now under fire in America . Several people here in the United States asked me why is this happening to bloggers, and why now? I will try to explain that here: Bloggers have put name and face to corrupt guardian,
attorneys and Judges who ignore the laws and are stealing millions from the elderly people therefore the battle became personal. We have gone to high ranking officials with proof of unchecked Judicial Corruption and Fraud upon the court , we have and will continue to Expose Racketeering Schemes designed to Defraud the elderly people and take away their Civil Rights.
A Wake Up Call For Blogger Rights And Protections
by Vince Leibowitz
The more I read about the criminal complaint filed by House Parliamentarian Terry Keel against Austin political consultant Kelly Fero, the more I realize this is a wake-up call for bloggers.
Legal Schnauzer is being threatened with a sheriff's auction of his house, and he thinks it's a means to get him to shut down or change the tone of his blog. That sounds pretty bad, though convoluted.
The approach taken with Kathleen
Seidel, http://www.neurodiversity.com/ , was more direct. Kathleen Seidel was Slapped with Unconstitutional, Illegal and Barred by the Journalist’s Privilege, and a Needless Invasive Subpoena More=>>
Mishka Zena Threatened With Lawsuits -
My response is a loud YES to the possibility of a Deaf blogger being sued. I can vouch for this personally as I’ve been threatened with lawsuits.
Other Bloggers under fire; some of the biggest names in the Canadian blogosphere – from Kate McMillan of Small Dead Animals to Kathy Shaidle of Five Feet of Fury (or, Five Feet of Furry, as the lawsuit says on page 2), to Free Dominion, the largest conservative chat site in Canada. Warman’s goal is breathtaking in its chutzpah: he wants to muzzle the Canadian conservative Internet. It’s not just his goal – it’s the goal of the CHRC itself, who have stated that their goal is to “tame” the Internet – or at least those voices they disagree with.
I . This motion is an emergency as Raul Fernandez is in contempt of the Court's previous Orders
With regard to Raul Fernandez's post of October 16, 2007, wherein he
responds to his readers .....
The statement is clearly defamatory, as the Court is well aware
Raul Fernandez says on his website that he will continue to print media.
*As entered in Case #2005 CP-61K in the 16th Judicial Court of Monroe County,Florida by guardian attorney Cara Higgins Fla Bar #0734241 a forty-two (42) page copy of the Elder Abuse Blogsite was presented to the court as evidence of wrongdoing.
Journalist Janet C Phelan Under attack!
By Matthew Paulson,
Senior adults have been targeted as easy victims in a number of different scams for the last two decades now, and it's only getting worse. Instead of just stealing money from them or ripping them off, con artists are now actually stealing guardianship of many senior adults. Some criminals have figured out that they can assume guardianship of elderly individuals just by telling a judge they are no longer mentally stable.
When approaching a judge, these crooks don't have to do anything to prove that they are related to the individual they are trying to assume guardianship of. Courts are so busy and over-packed with cases that they just don't have the time or resources to make sure that the person making the claim is on the up and up. There's no easy way to find out when this occurs, so family members often have no idea that someone is stealing guardianship of their parents and simply have no recourse in the event that it happens. Usually the ruling happens quickly and the victims have no idea when it happens.
If you have any aging parents, you have to look out for them and make sure they are not victimized. It's extremely easily to steal the money from your ageing parents and almost impossible to get it back after it's stolen. If you have senior parents, there are several legal things you can do to protect your senior parents. You can get a durable power of attorney for health care which will enable you to make decisions for your senior parents if they cannot speak of make competent decisions upon their own behalf. If you already have a durable power of attorney for health care, their guardianship can't be taken away because you already have it, and in the event that they are no longer competent, you are the one that will be able to make their health care decisions.
I'm sorry to say Mr. Paulson you seem to be living in an ideal world, in the real world Durable power of Attorney does not mean very much, just ask Dr.Sarhan who had one over his mother yet she was ruled incompetent and a guardian appointed, I personally know of many examples who had executed Wills, Health Surrogate and proxies all to no avail when it came time to chose an emergency guardian at the expense of the relatives or interested parties who having done nothing wrong but founded on innuendos and false allegations were were stripped of the right to care of their loves ones.
(1) A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward's behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.
(2) When fees for a guardian or an attorney are submitted to the court for determination, the court shall consider the following criteria:
(a) The time and labor required;
(b) The novelty and difficulty of the questions involved and the skill required to perform the services properly;
(c) The likelihood that the acceptance of the particular employment will preclude other employment of the person;
(d) The fee customarily charged in the locality for similar services;
(e) The nature and value of the incapacitated person's property, the amount of income earned by the estate, and the responsibilities and potential liabilities assumed by the person;
(f) The results obtained;
(g) The time limits imposed by the circumstances;
(h) The nature and length of the relationship with the incapacitated person; and
(i) The experience, reputation, diligence, and ability of the person performing the service.
(3) In awarding fees to attorney guardians, the court must clearly distinguish between fees and expenses for legal services and fees and expenses for guardian services and must have determined that no conflict of interest exists.
(4) Fees for legal services may include customary and reasonable charges for work performed by legal assistants employed by and working under the direction of the attorney.
(5) All petitions for guardian's and attorney's fees and expenses must be accompanied by an itemized description of the services performed for the fees and expenses sought to be recovered.
(6) A petition for fees or expenses may not be approved without prior notice to the guardian and to the ward, unless the ward is a minor or is totally incapacitated.
(7) A petition for fees shall include the period covered and the total amount of all prior fees paid or costs awarded to the petitioner in the guardianship proceeding currently before the court.
(8) When court proceedings are instituted to review or determine a guardian's or an attorney's fees under subsection (2), such proceedings are part of the guardianship administration process and the costs, including fees for the guardian's attorney, shall be determined by the court and paid from the assets of the guardianship estate unless the court finds the requested compensation under subsection (2) to be substantially unreasonable.
History.--ss. 18, 26, ch. 75-222; s. 11, ch. 89-96; s. 5, ch. 90-271; s. 2, ch. 96-354; s. 7, ch. 2003-57.
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MIAMI,FLORIDA,USA By CAROL MARBIN MILLER cmarbin@MiamiHerald.com
It took Violet Jones, a state public assistance supervisor, only about 30 seconds to authorize hundreds of dollars in cash assistance on phony debit cards she and two accomplices reportedly used, according to an investigation by the Department of Children & Families' inspector general.
And Jones authorized the cash payments over and over -- on 1,725 separate occasions, and sometimes as often as four times on a single day, the report says.
In all, Jones and two alleged accomplices, Shanika Shorter and her sister, Tanisha Shorter, pocketed more than $1.5 million in cash benefits between January 2005 and December 2006, according to the inspector general's report.
Jones was arrested Dec. 6 by the Florida Department of Law Enforcement on charges of grand theft, money laundering, official misconduct and conducting an organized scheme to defraud. The Shorters were arrested the next day on similar charges.
Details of the three women's alleged crimes are included in the 12-page report, which showed Jones had extremely wide latitude to authorize cash payments to DCF clients, and sometimes used the computers of workers she supervised to create identities or approve payments.
by Janet C. Phelan janetcphelan@yahoo.com phone: (310) 755-4469
From The American's Bulletin--The War on the Vulnerable Through our Courts
The Probate Murders Part Two: Melodie Scott and the State of California -- In the Business of Death?
“Oceania is not at war with East or Eurasia.Oceania is at war with you.”—George Orwell, “1984” “THIS CAN’T HAPPEN HERE”
On a quiet tree-lined street in Redlands, California, in a low, architecturally unremarkable beige building, the war has come home. Nestled behind the Redlands Police Department, the Redlands Superior Courthouse is housing a systematic and covert assault on the lives and life-savings of San Bernardino County's elderly and disabled.
A smiling, bespectacled security officer, sporting a platinum blonde ponytail, runs the visitors through a metal detector as they enter. One walks into a lobby area, with two courtrooms off to the side: Department E1 and Department E2. Only traffic and probate are now heard in the Redlands Court. At the far end are the filing windows, where smiling and attentive clerks will retrieve files and accept court filings. In the California Superior Court system, one must pay a filing fee in order to enable the court to dismantle one's life and estate.
Across from the clerk's office, the East wall is lined with photographs of San Bernardino Court judges, beaming beatifically, and posing in their black robes. However, Judge Michael Welch is not smiling.
Welch is one of only two probate judges in the entire San Bernardino County, and as such is the point man for the probate conveyor belt, which is grinding up the elderly and turning them into cash, through the court conservatorship and guardianship programs.
This is how it works: A family member, or even a neighbor, may notice that an elderly person is alone and may be increasingly vulnerable. Depending on the morality and authenticity of the concerned party, that person may contact Adult Protective Services, or may attempt to file for guardianship over the elder, in order to either protect or to gain access to that person's funds.
The police may become involved, if there are allegations of lack of capacity or of financial or physical abuse. This opens the door for the professional conservator, buttressed by her lawyers, to "move in for the kill."
A linchpin in this system in San Bernardino County is C.A.R.E., Inc.--Conservatorship and Resources for the Elderly-- which is located a mere stone's throw away from the Redlands Courthouse, in a quaint, two story building at 25 E. State Street. The “C.A.R.E. Group” consists of two conservators--Melodie Z. Scott, President and founder of C.A.R.E. and Lawrence Dean II-- and their attorneys. Up until last year, Scott was primarily represented by Hartnell, Horspool and Fox, which has split into two firms--Hartnell, Lister and Moore, and Horspool and Parker.
J. David Horspool appears as chief counsel on the lion's share of C.A.R.E. cases. Horspool, who was born in nearby Riverside, is a Mormon, and was educated at the Mormon stronghold of Brigham Young University, where he received both his undergraduate degree and his J.D. He is a former mayor pro-tem of Moreno Valley, and was implicated in a vote fraud issue there in the nineties, during his campaign for city council.
A smattering of “independent” attorneys also serve the “C.A.R.E. Group,” such as President of the High Desert Bar Association, Sherri Kastilahn. Some of the court-appointed counsel for potential conservatees are known to regularly lob their clients in the direction of Scott and Dean. These include attorneys Donnasue Ortiz and Lenita Skoretz, among others. By some estimates, the ”C.A.R.E. Group” now has its tentacles in 60-70% of the conservatorship and estate administration cases in San Bernardino County.
One attorney, speaking on condition of anonymity, voiced her opinion that all San Bernardino Probate cases were moved to Redlands recently to accommodate the "C.A.R.E. Group,” most of whom maintain their offices in Redlands, within walking distance of the courthouse.
At the apex of this group is Melodie Z. Scott, who has been referred to as the richest and most powerful conservator in Southern California. A tall, well-dressed blonde with a college education and a Private Investigator's license, Scott has a reputation as a “high-roller,” and frequently parties with elected officials and other members of San Bernardino's upper crust. Her resume reads like a poster-girl for an accomplished and respected conservator, and includes expert witness status, college level teaching experience (at California State University at Fullerton) a stint as President of the Professional Conservators of Southern California, as well as serving as a board member for Redlands Family Service. Like her attorney, Horspool, she has also run for public office.
However, behind the tasteful, expensive exterior at 25 E. State Street, an entirely different picture has emerged, revealing a reality as shocking and heinous as what went on behind closed doors in Hitler's eugenics labs. The “C.A.R.E. Group” is, in fact, preying on the life-savings of its helpless and vulnerable clients, who appear to die very quickly as soon as C.A.R.E. has sucked the lifeblood out of their estates.
According to Jerry Villanueva, an investigator with the San Bernardino County District Attorney's office, five separate counties have received complaints alleging criminal activity by Melodie Scott and her crew. Villanueva recently revealed that all incoming reports concerning Scott are being referred to the California Attorney General's office, which is patently refusing to investigate allegations of criminal activity by Scott's group.
“I don't 'do' families,” stated a brusque Melodie Scott, in response to a query by this reporter as to the services offered by C.A.R.E. A review of the court files in Redlands Superior Court
largely substantiates this. Time after time, C.A.R.E. has filed for conservatorship of elderly women, left vulnerable after the death of a spouse, with offspring or other family members either out of state or otherwise absent from the picture. When there are family members present to witness the actions taken by Melodie Scott, in concert with other members of the “C.A.R.E. Group,” they generally end up quite upset.
Case in point is the Elizabeth Fairbanks case, on file in the Redlands Court. Mary Beth Fairbanks, the daughter of deceased conservatee Elizabeth Fairbanks, first contacted this reporter in the Fall of 2006. Following what Mary Beth repeatedly referred to as the murder of her mother at the direction of Melodie Z. Scott, the younger Fairbanks organized a demonstration in front of the SB County Courthouse, timed with her appearance in Court on October 13, 2006, to lodge her protest with Superior Court Judge Frank Gafkowski. A number of family members,
conservatorship victims and others impacted by Melodie Z. Scott, showed up at the demonstration, which was covered on the local ABC affiliate and by local press.
A review of the medical records prior to Fairbanks' death substantiates Mary Beth's allegation that directives by Melodie Z. Scott, conservator of person and estate for Elizabeth Fairbanks, were instrumental in the elderly woman's death. Unbeknownst to the family, Melodie Scott had signed a "Do Not Resuscitate" order" shortly after achieving conservatorship over Fairbanks. TAB has retrieved the DNR from the court file, and Fairbanks signature does not appear on this document.
In 2006, Fairbanks fell ill with pneumonia, and at the apparent direction of Scott, received only two doses of antibiotics during the entire course of the illness. At a critical moment in her increasing respiratory distress, she was administered two doses of the opiate, Roxanol, which put Fairbanks into respiratory arrest. Two hours following the administration of the second, more powerful dose of Roxanol, Fairbanks died. Roxanol is contraindicated for patients with respiratory problems.
It was later revealed in the accountings that Elizabeth Fairbanks had no money left to fund the conservatorship.
The following statement was filed by Mary Beth Fairbanks in San Bernardino Court: “I have attempted since 2003 to find an attorney to help me with stopping what Ms. Scott was doing. No attorney would help me due to Ms. Scott’s power in the San Bernardino area....My mother died of pneumonia, which has a good success rate if treated aggressively and correctly. Why would Ms. Scott think if my mother was hospitalized and aggressively treated that she could end up a vegetable? If my mother had a stroke I could understand what Ms. Scott did but not to give my mother a chance is incomprehensible to me.”
Judge Michael Welch wrote a decision in the Fairbanks case, and diligently avoided any questions of possible criminal behavior by Melodie Scott. He took a quick detour around the issue of whether Fairbanks herself actually requested or even knew of the "Do Not Resuscitate" order. He wrote: “Apparently, shortly after Ms. Scott became the Conservator, the Conservatee had requested a “Do Not Resuscitate” (DNR) order. Ms. Scott’s notes reflect that the Conservatee had the capacity to make such a decision....The children all testified that they did not know their mother had made such a request. In fact, they were adamant that their mother had expressed to them just the opposite….”
Several points need to be made here. First, to state that “Apparently” Fairbanks had requested the DNR does not resolve the issue that there is no indication, other than the statement by her Conservator, that Fairbanks did so. Second, Fairbanks was under an LPS conservatorship, which was initiated because of her lack of capacity. She had a medical diagnosis of substantial mental illness. To state that a person who has been deemed incompetent has capacity to make a decision of this magnitude is a contradiction in terms. As Welch waltzed into a veritable legal briarpatch he only revealed his own intent —to exonerate Melodie Scott, no matter how absurd his own statements became.
Welch then quickly moved on. In a manner reminiscent of former President Bill “I feel your pain” Clinton, Welch wrote, “The last few days and, later, the last few hours before (Fairbanks’) death were very painful for her children. I could not help but note their grief and sorrow at the news of her passing.”
That being said, Judge Welch summarily approved all accountings and actions by the Conservator, Melodie Scott, and closed the case.
TAB has retrieved the DNR order, signed by Melodie Z. Scott and dated at the inception of the conservatorship. This is echoed by the DNR order issued and signed by Victoria Rains, MD, on July 13, 2005, and featured here. In tandem, these orders amount to Fairbanks' death warrant.
Dr. Rains is one of the doctors generally used by Melodie Scott, to care for her elderly clients. A review of death certificates reveals that Dr. Rains has listed “pneumonia” as cause of death for a number of C.A.R.E. conservatees. Calls to Dr. Rains requesting input as to whether she regularly withholds life-saving antibiotics from her elderly patients went unreturned.
“JUST DO IT!”
After gaining conservatorship over an elderly or disabled individual, Scott, as a matter of course, applies to the court for a "Power of Health Care." Armed with this legal sanction to
make life and death decisions, Scott usually signs a DNR order, thus cementing her power to withhold medical care at the point when her client is no longer of financial use to her.
In the case of Stevie Price, Scott used this "Power of Health Care" both to limit medical care and to issue directives for medical procedures which proved unnecessary and life-threatening for her disabled client.
At age nine, Stevie Price was critically injured in an emergency room foul-up, which left him with a permanent brain injury. His parents, Steve and Fae, sued Loma Linda Hospital and won.
A couple of years after the incident, Steve and Fae separated. It was during a custody hearing in 1997, in San Bernardino, when the elder Steve Price noticed an attorney sitting in the back of the courtroom, taking notes. The attorney, he later discovered, was one Walter Moore (now a partner in Hartnell, Lister and Moore), one of the attorneys who regularly appears as counsel for Melodie Scott.
Before they knew it, the court had determined that an 'impartial' third party was needed to represent Stevie. Judge Kathleen Bryant appointed Walter Moore as Stevie's attorney, who immediately nominated Melodie Z. Scott as guardian of Stevie's person.
Scott soon gained control over Stevie's trust, as well. After being appointed temporary guardian, Ms. Scott used $300,000 of Stevie's trust, in attorney's fees, expert witness fees, etc., to achieve the status of permanent guardian in a trial inexplicably held in a different city, before a traffic court judge, Judge Frank Heene of Chino Municipal court.
It should be noted that Heene was subsequently brought up on nine counts of misconduct, and retired from the bench.
According to Steve Price, the "C.A.R.E. Team" manipulated Fae in order to gain control of the Trust, promising her standing in the case, which never materialized. Steve Price ended up in a protracted legal battle with Scott, in an attempt to protect his son's life and the funds so necessary to care for the child.
On the very same day that Melodie Scott was finally removed from the case, Stevie Price died. The elder Price was then to discover, to his further horror, that Scott had run through the entire multi-million trust.
"The Trust should have been banking, not losing money," states Steve Price. Prior to Melodie Scott's appointment, Price had carefully researched his son's options, and had made decisions which would guarantee excellent medical care, while protecting the Trust, which was anticipated to last Stevie's lifetime. Price saw no reason that his son should not live to a ripe old age, if given appropriate care.
He had enrolled Stevie in a medical insurance plan which was funded by state tobacco taxes-- MR/MIP (Major Risk Medical Insurance Program) with Medi-Cal as a secondary insurance.
A chunk of Stevie's malpractice settlement had gone to settle his Medi-Cal bill, and to enable his enrollment with MR/MIP as his primary. With less than $100 as a monthly premium and no pay-back requirement on death, MR/MIP also provided a far higher standard of care than the bare bones, minimal coverage provided by Medi-Cal. Upon achieving guardianship, Melodie Scott voluntarily removed Stevie from this program, thus severely restricting his medical care to what the limited Medi-Cal program would cover. This also unnecessarily incurred a Medi-Cal claim of $532,607.39 at Stevie's death. What remained in Stevie's trust at that point in time was inadequate to cover this claim.
Steve Price claims that this action by Melodie Scott "seem(s) to have intentionally defrauded Medi-Cal into paying Stevie's medical expenses and exposed both him and his estate to harm." In a report to the California Attorney General's office, Price also states that "we believe that this was a major factor in his death."
In another aggressive move, which Price believes was an effort to remove Stevie from his father's watchful eye and to place him further under Scott’s control, she ordered that Stevie undergo a tracheotomy in 2000. Most institutional facilities which would be appropriate for someone with Stevie's injuries generally only accept patients with tracheotomies. Scott failed to provide any diagnostic proof of the necessity of this procedure, and in defiance of the opinion of Stevie's long term pulmonary specialist and home-health nurses, applied for and received court permission to have the tracheotomy performed.
Perched on the corner of a pleasant Yucaipa street, Steve Price's sprawling, ranch-style home is a virtual shrine to personal tragedy. The walls are bedecked with photographs of his young son, surrounded by family and friends. A framed poem, by Stevie's former nurse and now Price's fiancée, Tammy Hull, urges those on this side of the grave to remain strong and loving, even in the face of such wrenching loss. But for Steve Price, justice has become elusive. The California Attorney General's office expressed disinterest in his meticulously documented complaint, which included evidence of Scott's attempt to further pad her pocket by taking out TWO burial plots on young Stevie, one of which went unreported to the court, and was to be cashed in by Scott on the death of her client.
“EQUAL PROTECTION UNDER THE LAW?”
The California AG's office received another bundle of complaints this past March. The carefully documented complaints alleged embezzlement, property theft, perjury, denial of due process by judges in C.A.R.E. cases, attempted murder and continued suppression of reports received by lower level justice agencies, including the Redlands and Temecula Police Departments and a local District Attorney's offices. These reports powerfully buttress the perception that the "C.A.R.E. Group" is wielding undue influence all the way up the California justice system.
These reports were received by Senior Assistant Attorney General Mark Geiger on March 6, 2007 and put back into the mail to the senders the same day. Casting around for a plausible explanation to explain his failure to act, Geiger lamely states, “....these are matters beyond my area of developed criminal expertise.” In a shocking effort to continue to cover-up C.A.R.E. criminal activity, he also falsely states that “.... the statute of limitations has run on many of the alleged offenses,” in direct contradiction to the evidence supplied in the March reports that the alleged crimes were reported well within the proscribed statutory time limits to local law enforcement agencies, which dutifully and consistently dropped the ball. Most tellingly, Geiger also neglected to assign a complaint number to the March reports.
As a matter of course, and for tracking purposes, an incoming complaint to the Department of Justice is always assigned a complaint number. By first omitting then stubbornly refusing to assign a number, Geiger tacitly revealed that he buried the reports. Legally, he put himself at risk for prosecution as an accessory after the fact.
Scott's influence appears to go all the way up to federal. The head of the Civil Rights Division for the Riverside F.B.I. told one complainant that there were “massive civil rights violations” substantiated by the complainant, but that agency took no action.” An agent in the Los Angeles office of the F.B.I. stated, with brazen inaccuracy, that conservatorships were a “civil” matter and that the F.B.I did not investigate civil matters. When that complainant provided evidence that crimes were being committed under the mantle of “civil” court procedures, she was funneled into a telephonic “black hole,” and was refused any more access to a duty agent.
“KEEP IT IN THE FAMILY”
Melodie Scott’s business dealings have regularly benefited members of her family. Her mother, Jo Williams, aka Anna Williams, works out of the 25 E. State Street offices as a “Client Care” specialist. Williams’ name also appeared on the property at 26735 Redlands Blvd, which was formerly the site of Orange Blossom, an unlicensed Assisted Living center, previously owned by Melodie Scott. The property, which burned to the ground recently, was subsequently sold to Loma Linda Hospital for a cool seven figures. Scott’s sister, Dona Zinck, has appeared on accountings as being reimbursed for grocery go-fer services. Another family member, Alvin Zinck, has been the recipient of at least one property transfer, which he apparently received free of charge. In 1994, Alvin and Lois Zinck were the recipients of a 1958 Terry Trailer, which had previously belonged to one Lois B. Nightingale, who was under conservatorship with Melodie Scott. The Bill of Sale, signed by Melodie Scott as Conservator for Lois Nightingale, notes that “This trailer traded for yard clean-up services and labor.”
“THE FAMILY HOME”
Under the laws governing conservatorships of estate, Scott has total access to all the conservatee's bank accounts and may, with the court's approval, sell the conservatee's property, in order to further pay for her services. An unusual pattern has emerged concerning the sale of real property, which is always approved by Scott's judges. Probate property, as it is called, be it under a conservatorship case or under the estate administration of the “C.A.R.E. Group,” is generally substantially under-appraised and sold at a still deeper discount from the initially low appraisal.
Here is a short list of such transactions, garnered from the Redlands Probate files and matched up with the San Bernardino's tax assessor's office:
Elmer Archie Heath 23538 Court St, San Bernardino
Appraised at $60,000
Sold at $28,600
Heath’s vacant lot on Joshua Road, Palm Desert
Appraised at $8,000
Sold at $1,000
Mary Titus 49888 Senilis Ave, Morongo Valley
Appraised at $35,000
1/2interest sold at $3000
Evelyn Townsend 1244 Ramona Drive, Redlands
Appraised at $140,000
Sold at $110,000
Mattie Kirby 1028 W. 9th, San Bernardino
Appraised at $65,000
Sold at $43,000
After selling off property at bargain basement prices, many of these properties suddenly and without explanation dramatically increase in assessed value. For example, the “C.A.R.E. Group” handled the estate administration for Rachel Norris, whose single family home in Victorville, California, was appraised at $2,788. No , that’s not a misprint. The home was sold to a Gary Salonsin, in November of 2004.
Incomprehensibly, the assessed value then jumped to $76,000, and Salonsin quickly sold it in a “flip” to Ilona Winegarden, where it was re-assessed at $96,900. Conservatee Arthur Gurley’s vacant Victorville lot jumped in assessed value from $7,273 to $44,880 when it passed into the hands of Eagle Assets & Management LLC in 2005, and his Victorville cabin also skyrocketed in value from $8,312 to over $57,000 when Eagle acquired this property, also in 2005.
The list goes on and on. Lena Peden’s retail business, appraised at $15,392, jumped in appraisal to over $81,000 as soon as it was acquired in 2006. The jumps and flips are too numerous to list here; however, it should be noted that the San Bernardino Tax Assessor, Bill Postmus, is currently under Grand Jury investigation.
As the sole heir of the estate of conservatee Una Haley, Sheryl Morgan received absolutely nothing. Morgan, who was Haley’s granddaughter, had applied to be her conservator, only to have this strong-armed away from her by the “C.A.R.E. Group.” Morgan has stated that this group outright stole the proceeds from the sale of Haley’s home. The court file reveals that conservator Lawrence Dean and his attorney Craig Parker (of Hartnell, Horspool and Fox) did an even divvy of the remains of Haley’s estate. In the final distribution, Dean and Parker declared to the court on August 26, 2003 that they each received $4,775.15. This poses some alarming questions. Parker’s fees as an attorney are roughly in the $200-$250 range, while Dean’s services are generally in the neighborhood of $40.00 an hour. There is simply no probable mathematical equation which could have resulted in the even divide of the remaining money.
TAB has uncovered another source of potential fraud. This reporter has unearthed partial General Ledger reports on two C.A.R.E. conservatorships-- Dora Pakuts, in San Bernardino and one from a Riverside case. In both ledgers, there are numerous skipped check numbers, with no explanation provided, such as a "Void" notation, should a check be cancelled out. TAB has been able to obtain a copy of one of these checks, written by Melodie Scott on a conservatee's account for over $4,000 and never reported to the court or noted in the General Ledger.
TAB subsequently contacted Melodie Scott, with questions about skipped check numbers, but she did not respond to these calls.
A phone call to C.A.R.E. attorney Sherri Kastilahn, however, was indeed returned. After poring over the conservatorship file of William F. Burke, now deceased, I had some concerns about what appeared to be a substantial amount of unaccounted for money. Burke had gone under conservatorship with C.A.R.E. conservator Larry Dean in late 2000, and had died in January of 2003. There was some ambiguity in the court file on a number of issues. Kastilahn and Dean reported to the court the sale of Burke's residence in September of 2001, but were still listing the house as an asset in March of 2002. The house had sold for $130,000, but Kastilahn and Dean reported only $45,000 left in the estate in February of 2003. To further confuse matters, Judge Pro-Tem E. Joan Nelms documented as estate assets over $87,000—nearly twice what Dean and Kastilahn had just reported-- two months later, in April of 2003.
Two months after Burke passed away, Kastilahn requested the court approve her placing $30,000 of the decedant’s estate into her own State Bar attorney-client account, for "further conservator compensation, costs and attorney fees to be incurred in the administration of the conservatorship proceeding." (direct quote from court file) I wanted to ask Ms. Kastilahn
what possible conservatorship services could be offered a dead man.
I was also intensely curious as to the distribution given the sole heir, one Lester Leroy Lorge. Kastilahn and Dean had declared to the court that it took them two years to locate Lorge. In an unusual departure from the typical receipt, Lorge only signed for his "full distributive share." I could find no notation in the court file as to what that might be, and had never before seen a receipt for distibution in these files which failed to note how much was received.
It only took me one call to a Private Investigator and forty-eight hours to locate Lester Lorge. He expressed surprise that Dean and Kastilahn seemed to have such trouble locating him. He stated that he had been close to conservatee William F. Burke for about fifty years, and was called by the hospital the day he died.
Lorge revealed to me that his “full distributive share” was, in fact, $25,940—a mere fraction of what Kastilahn and Dean had declared as the remainder of the estate.
Attorney Sherri Kastilahn's response to my call is recorded on my voicemail. She threatened me with a lawsuit, a Restraining Order and told me, in no uncertain terms, that I was not a reporter, and had no standing to ask questions about this case. It should be noted that none of the above questions were ever tendered to Ms. Kastilahn. When I spoke with her secretary I merely imparted that I had questions about "financial irregularities" in the Burke file.
So much for the First Amendment. And how about that "life, liberty and pursuit of happiness" stuff?
Well, maybe the Founding Fathers weren't referring to the elderly. Or, as an alternate explanation, maybe our country is in battle mode. With the U.S. government waging wars in Iraq, Afghanistan and wars now spreading like forest fires across the globe, maybe what we are seeing is another war, against those least able to protect themselves, right under our very noses.
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I am requesting that those reading this article take action, and contact the California Attorney General’s office and demand that this office step up to the plate and DO THEIR JOB. The number for Dane Gillette, Chief Assistant Attorney General (and Mark Geiger’s boss) is (916) 445-2030. Attorney General Jerry Brown’s number is (510) 622-4180. Judge Larry Allen, Presiding Judge for San Bernardino County Court, may be reached at (909) 457-5680. The Fifth Commandment reads "Honor thy mother and father," not "Honor thy mother and father's cash, rob them blind, and then throw them away like old dishrags."
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