Sunday, January 31, 2010
Legal Industry Gives New Meaning! To Taking Care Of Our Own!
Texas State Bar Board says “hell no” to increased legal consumer protections
Posted: 29 Jan 2010 08:47 PM PST
With a vote of 39 to 1, the Texas State Bar Board of Directors voted today to recommend to the Supreme Court of Texas that legal clients not receive additional consumer protections that would flow from “customers” being informed as to whether or not their lawyers carry professional liability (aka malpractice) insurance.
Here’s the deal. When you go to a doctor, except for seriously flaked-out circumstances, he/she has professional liability insurance (PLI). The same is increasingly true for other professionals. It’s the cost of being a prudent business operator in today’s litigious society. And what causes today’s society to be so litigious?
One influence is certainly the entitlement mentality shepherding our country’s migration into the Land of the Gimme-Gimmes and the Home of the I-Want-Mores. Another influence - the legal industry, those who help perpetuate society’s ability to pursue frivolous or baseless legal action.
The pursuit of justice can be a righteous act. Other times, though, it’s opportunism. But worst of all, contrived legal disputes are becoming increasingly common.
It’s a great gig to wield a double-edged sword of potential prosperity by pursuing business entities through either litigation or the prospect of a lucrative insurance settlement. And along the way, corrupt and blatantly dishonest - even criminal - acts can and do occur.
At EstateofDenial.com, we follow cases in which probate venues and probate instruments (wills, trusts, guardianships and powers of attorney) are used to loot assets of the dead, disabled or incapacitated. Assaulting the personal freedom and lifelong asset accumulation of honest, hard-working Americans is an ugly business being seen with greater frequency.
The legal industry wants disputes between lawyers and clients relegated to Bar-operated disciplinary processes viewed by many as, at best, neutered. Despite sometimes obvious criminality, law enforcement is often resistant to act therefore relegating legal abuse victims to pay-to-play civil venues.
With the “self-policing” legal industry poised to protect its own and civil courts providing expense recourse that is out-of-reach to many complainants, potential pressures toward consumer protections such as liability insurance pose one last threat. Talk about an industry that knows how to give it but not how to take it.
Today’s vote sends a clear message that the legal industry wants to maintain an uneven playing field. Whether here in Texas or elsewhere, people should be concerned.
To learn more about the background of this vote, see Texas attorneys resist malpractice insurance disclosure or Texas legal consumers beware upcoming liability insurance disclosure vote.
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Notes from Editor:
Previously we talked about how *mothers guilty of victimless crimes such as simple drug possession were given life sentences with no chance for parole for 15 years, in contrast the legal industry (racket) gets slaps in the wrists for crimes involving multiple victims whose life have been disrupted by the theft of lifetimes of toil, hard work and savings for the golden age which has now become the nightmare from hell from which there is no recourse other than civil litigation which most older victims are unable to pursue because of age, time and money constraints.
EstateOfDenial.Com deserves the highest level of recognition and support for tireless continuing to document the continual abuse by legal practitioners of the captive audience, which is vulnerable elders who turn to them for help.
With the light sentences, often commuted,forgiven,in lieu of probation, agreements of reimbursement, most often not honored , is then any wonder that the crime of elder financial abuse continues un abated by the same people whose facade is to protect the people they often prey upon?
The amount of corruption by the self policing legal industry is beyond the scope of this blog and the study and documentation there of would fill volumes....
Again hats of to EoD for continuing to document these abuses:
- Rondos heads to jail
- Lawyers’ ‘inheritance’ of Simon estate escalates
- Graziano attorney claims entrapment
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1/31/2010 10:18:00 AM
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Labels: Corruption, Exploitation, Financial, Fraud, Legal, Reform
Re: Protocols - Questions Must be Asked?
Irene Masiello brought to our attention that there are protocols, however there are some important questions that must be asked regarding elder protection in financial exploitation cases which is being called the crime of the 21st century which according to the 1998 National Elder Abuse Incidence Study, only 20% of elder abuse cases are reported. Other studies suggest as few as 7% of cases are reported.
Such crimes include embezzlement, false pretense, trick and device, and undue influence. Perpetrators may try to obtain the victim’s assets through the use of legal documents such as joint tenancy agreements, powers of attorney, quitclaim deeds, wills, or trusts in addition to simple theft and forgery.
*Is there any law which mandates that the protocol be used in any specific situation?
*Do they define any of the specific criteria included in recommended checklists that should trigger their use?
*Do they require any specific questions be asked under any specific circumstances?
- Isolation
- Dependence upon the perpetrator
- Emotional Manipulation or Exploitation of Vulnerability
- Acquiescence
- Loss
1. Isolation from pertinent information, friends, relatives, or usual advisors. Common causes that need documentation are:
a.Naturally occurring, or pre-existing history of poor or non-existent relationships. Examples include: hostile relationships with family existing before the suspected abuse, a lack of living relatives, or having few friendships.
b.Medical disorders affecting the body or the brain are common causes of isolation. Examples include: diabetes, heart disease, deafness, blindness, dementia, depression, or other psychiatric illnesses.
c.Perpetrator interference is another common cause. Examples include: blocking telephone calls, intercepting mail, blocking visitors, or "chaperoning" (i.e., the perpetrator is present whenever victim has contact with others).
d.Geographic or technological isolation is the least common cause. Victims cannot contact or have access to friends, family, relatives, or appropriate professionals. Examples include: lack of telephone or lack of transportation.
2. Dependence upon the perpetrator. Common causes that need documentation are:
a. Physical dependence: Examples include food preparation, taking victim to physicians, etc.
b. Emotional dependence: Examples include sweetheart scams, unemployed son moving back in with widowed mother, new boyfriend/girlfriend.
c. Information dependence: Examples include professionals/advisors who misuse positions of trust to manipulate their victims.
3. Emotional Manipulation - Any emotion may be manipulated, but the most common emotion to be manipulated is fear.or Exploitation of Vulnerability - The perpetrator may exploit a victim’s known or suspected vulnerability.
a.Emotional manipulation often centers on issues of companionship/friendship and safety/security. Promises that these will be maintained if the victim complies, or threats that these will be lost if the victim disobeys, are common.
b.Examine the statements and behavior of both the suspect and victim for evidence of emotional manipulation. It is especially important to document any changed or altered behavior.
c.Exploitation of vulnerabilities includes behaviors such as providing alcohol to a drinker in exchange for benefits; having a vision-impaired person sign a legal document; or misrepresenting documents to the cognitively impaired.
4. Acquiescence - The victim appears to consent or submit, but does so because of items 1, 2, and 3.
a.Document the victim’s history of submitting to others, in addition to his or her general behavior.
b.The perpetrator may not directly ask the victim to give money or property.
c.If there is no acquiescence by the victim, consider other prosecutable acts, such as embezzlement, false pretense, or trick and device.
5. Loss – This refers to actual financial loss.
a.Financial loss is usually necessary for criminal prosecution. It is helpful, but not always necessary, for civil litigation.
b.Document all financial losses in chronological order, to help organize evidence associated with each loss.
Undue Influence Worksheets for Police, APS, and Probate Investigators Page 4 of 8
Copyright © 2002 by Bennett Blum, M.D. and Tom Feledy, M.B.A. All Rights Reserved.
Freedom of Speech Alert

Be careful about talking about Christianity in public! That is the message being sent out this week as arguments have moved to the appellate court level in a California case in which a man talking to two willing strangers in a shopping mall was arrested because the subject of the conversation was God.
We are all aware of the Christian symbols being removed from public spaces, prayer banned from schools, and that the USA as claimed by its top CEO is no longer a Christian Nation, but when we hear of people being actually arrested because of it, then it is worth mentioning it in the long slippery slope headed to where ever it is that we are headed.
"Singling out religious speech for punishment violates our most basic principles of free expression," said PJI President Brad Dacus. "If anyone can be arrested for wearing a Christian T-shirt or mentioning God in a shopping mall, we have lost not only our freedom, but our sanity as a society."
PJI affiliate attorney Timothy Smith, of the Sacramento firm McKinley & Smith, served pro bono as Snatchko's lead counsel in the trial court and continues to serve as part of the appellate team.
Will Americans wake up out of their lethargy in time to save our civilization as each right is successively stripped away until there are none left?
Friday, January 29, 2010
There Are Protocols........
There are professional protocols (and have been for years!) that are accepted by legal and medical professionals, social workers, courts, etc. in most of the Western Hemisphere which were created by [Rabbi] Bennett Blum, MD (co-author of "suicide by cop").
Dr. Blum's work pertains specifically to undue influence, diminished capacity, when to call a psychiatrist for professional evaluation, understanding the medical criteria, what infirmities (physical, mental, nutritional) lead to diminishing capacity, explanation of medical terms, types of dementia, warning signs, etc, in my book.
In the afterword of 2nd edition of my book, Dr. Blum generously added his brilliant, easy to understand, pioneering work (see above) through the use of his acronyms, "IDEAL" &"PARADISE 2" simplify complex issues so that a layman can easily apply and document his protocols through use of his work sheets which are contained in my book.
My book also provides lists of the components of dysfunctional families, et al. such as substance abuse, personality attributes (in abuser and victim) and issues, etc, the early warning signs that the elderly are "at risk", what behaviors are early red flags, etc.
Paradise Costs-A Victim's Daughter Fights Back against Elder Abuse was invited and is now part of the largest government data base for scholarly, academic and professional information on elder abuse, neglect and exploitation at the U of Delaware. See: www.ParadiseCosts.com
Irene A. Masiello
Author: Paradise Costs- A Victim's Daughter Fights Back Against Elder Abuse
Afterword by: Bennett Blum, M.D.
www.ParadiseCosts.com
www.BennettBlumMD.com
"Never doubt that a small group of committed citizens can change the world; indeed it is the only thing that ever has" - Margaret Mead
Confidentially notice-this e-mail and its attachment(s) are solely intended for the addressed recipient. It may contain confidential information that is copyrighted, proprietary or legally privileged. If you are not the intended recipient please destroy this e-mail and its attachments and notify the sender.
(c) Copyright, Irene A. Masiello, all rights reserved
If You Can Prop up Grandpa Up, He Can Sign A New Will
Mel Simon's Daughter, Wife Square Off in Will Dispute
Chris Proffitt/Eyewitness News
Hamilton County - A legal battle is brewing over one of Indiana's biggest family fortunes. The daughter of the late shopping center tycoon Mel Simon is challenging changes to her father's will that gives hundred of millions of dollars more to her stepmother and cuts of million to Indianapolis charities.The complaint, filed last week in a Hamilton County court, is a glimpse into the private lives of a public family and the upcoming legal battle over the fortune of its patriarch.
82-year-old shopping center tycoon Mel Simon left an estate valued at $1.3 billion upon his death in September. But according to court documents, one of Simon's three children, Deborah Simon, accused her father's second wife, Bren, of coercing her ill husband nearly a year ago into signing a new estate plan that, in effect, gives her everything.
Deborah Simon contends the changes essentially eliminate all charitable donations Mel Simon made in his previous will, including $10 million to the Jewish Federation of Greater Indianapolis and many other organizations.
The complaint alleges that Mel Simon was so ill that he was unable to sign the new will and trust agreement himself and that someone had to move his hand as he allegedly signed both documents.
"This is going to be a huge legal battle that will take years to resolve," said Andrew Mayoras, attorney and author.
Andrew Mayoras is an attorney and author of the book, "Trial and Heirs: Famous Fortune Fights." He says the burden of proof in the case falls on Mel Simon's daughter Deborah.
"Most states, including Indiana, the courts presume the will or trust was valid unless the person challenging can bring forth very specific and concrete information that he didn't know who his family was, what his property was and how his family treated him and that's a high burden to meet," Mayoras said.
Legal experts call these high-profile legal battles the dirty laundry of the wealthy and deceased played out in public and there are few like the upcoming fight over Mel Simon's riches.
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Editors Note:
Deborah Simon we have a saying, "You snooze, you lose" sorry that you fell sleep at the wheel now it looks like legal man will be the beneficiary, they call families like yours "Dysfunctional" they waited all their lives for an opportunity like this. The legal profession thrives, they live for this.
Because this is a very common occurrence there are those out there that are calling for protocols to protect the elders from becoming caught in the crossfire that is often fatal to a frail older person.
To implement guidelines and protocol that would prevent this from happening would be a simple matter (if) the resolve was there and (if) this wasn't a cottage industry that spins off un quantifiable benefits to an array of personnel that are involved with the dispute and that in likelihood will provide benefits for a lot of persons, not withstanding the intended legal heirs for many years to come.....
Deborah although it might be a bit late for you as it was for me, but for others out there with
older parents, please take our experience as a warning, I wish someone would have warned me as I am warning you.
All it takes is one fall, one visit to the hospital, chances are if your parents have some money saved up, they are in someone's watch list. Someone who is just waiting for the right opportunity to present itself, and that it does in ways un expecting and naive family members seldom expect.
Rule of Thumb: The general rule is once the elder becomes frail , affected by old age, dementia, Alzheimer, he is fair game and the first one to get to him gets the loot! If he is willing to share it with an army of personnel that specialize is this type of scam, there will be plenty of help in disqualifying the legitimate heirs and making sure the original intent of the Testator is muddled beyond recognition....
Deborah, it looks like you will be spending a good portion of the rest of your life in court! We wish you luck ..
Attorneys and Judges Involved in Scams Often Seek and Get Early Releases
by Ray Fernandez
As private Citizens we are not allowed to "Take Care of Our Own" when our parents get old and need help, however "Taking Care of Their Own" takes on a new meaning when applied to the legal profession.
Convicted lawyer Karyn McConnell Hancock who admitted to stealing more than $624,000 from 22 clients over six years was sentenced on January 15, 2009 to four years in prison. * I know of people who are non attorneys and who have been convicted of possessing controlled substances, a victimless crime whose life has been turned upside down with long mandatory prison sentences.
It has been learned that attorney Jerry Phillips filed a motion for judicial release requesting that visiting Judge David Faulkner grant her early release after serving only one year of her sentence this motion was recently filed on January 21,2010.
Authorities claim that Authorities said McConnell Hancock would put money into an attorney escrow account for clients of personal-injury cases, probate matters, and real-estate issues, and divert some of the funds for personal use. What a nice business this lawyering business is ! Isn't it?
Attorney Karyn McConnell on April 9 was sentenced to two years of probation with a three-month suspended jail sentence, a $300 fine, and 40 hours of community service. On an non related charge.
More information on this story can be found at the Toledo Blade
* Gloria VanWrinkle a mother of children children, ages 10 and 6 , her crime was possessing one-sixteenth of an ounce of cocaine, equivalent to less than two artificial sweetener packets. Sentenced to life with no chance of parole for 15 years.
Ref: http://www.mapinc.org/newscfdp/v99.n221.a09.html/all
Every 20 seconds, someone in the United States is arrested for a drug violation. Every week, on average, a new jail or prison is built to lock up more people in the world's largest penal system.
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1/29/2010 12:13:00 AM
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Labels: Corruption, Exploitation, Financial, Fraud, Judicial conduct, Legal, Scams
Thursday, January 28, 2010
Letters to Editor
Now I have been disowned as a family member...I basically have lost my entire life over this. Why on earth would they do such a thing? Do they think that people will want to use the hotline if they do this sort of thing?
I have contacted an attorney concerning this matter...
I have no idea what to do...
It said on the website that I would be exempt from testifying in court, and that I would remain anonymous...
Dear Mindy :
I have had a very negative experience with the Division of Children and Families (DCF) when my mother Clara G. Fernandez was being abused by a discontented sibling, Adalberto J. Fernandez and his partner William Hart of Winter Haven ,because they felt they had been short changed when she wrote her will and testament , they rendered her incapacitated and took over her assets, after being given the circle jerk we were referred to the Elder Protective Services for help and we had hoped that they could make a difference, (before she was harmed) they did, unfortunately it was for the worst !
They often turn family members one against the other, this enable the State to take custody of the elder triggering off a very lucrative chain of events of which there is an entire cottage industry built around......
If anyone has any thing to say to Mindy would you please write to her:
mindymaucelli@
State Agencies Hindered “Many” Fraud and Elder Abuse Investigations
We are aware of this problem and have been in situations of where State agencies not only hindered but blocked, and threatened to take action should we proceed to press forward with complaints of elder abuse so we are glad that someone found the nerve to blow the whistle on this wide spread and common practice for state agencies to stifle,block, hinder elder abuse investigations often hiding behind a veil of secrecy...
Investigators were stonewalled by the New Mexico Human Services Department (HSD) and Health Department, according to the Fraud Division’s 2009 annual report to the Inspector General of the U.S. Department of Health and Human Services.
HSD administers the state Medicaid program with help from the Health Department. The agencies hindered “many” fraud and elder abuse investigations during 2008 and 2009, according to the report.
“It appears that the (HSD) inappropriately filters the information they provide to the Fraud Division,” the report states. “[T]his sterilization has inhibited our ability to access and prosecute both fraud and abuse claims.”
According to the report, investigators were unable to obtain pharmaceutical pricing or patient care data. Investigators were also repeatedly unable to secure copies of contracts with the state’s four Medicaid managed care organizations — Lovelace Community Health, Molina, Presbyterian Health Plan and Blue Cross/Blue Shield New Mexico — from either HSD or the managed care organizations themselves, the report states.
The June 2009 report followed a January 2009 audit by the Legislative Finance Committee, which called for an evaluation of how exactly HSD combats Medicaid fraud.
“It appears that both the (HSD) and Department of Health…review and, on occasion, redirect the Division’s data or documents requests, instead of allowing a free flow of information as anticipated by Medicaid regulations and the Memorandum of Understanding between (HSD) and the Division,” the report states.
Fraud Division Director Elizabeth Staley did not respond to emailed questions about the report and could not comment due to a busy schedule related to the legislative session, according to spokesman Phillip Sisneros.
“The Human Services Department was unaware of this report until now and is surprised by the allegations,” HSD spokeswoman Betina Gonzales McCracken told The Independent. “The HSD Medical Assistance Division meets with the (Fraud Division) monthly. During these meetings, the issues described in the report have never been mentioned.”
Secretary of Health Alfredo Vigil said in a single-sentence e-mail to The Independent:“We believe we have been cooperative in providing any documents that the Attorney General’s Office has requested.”
The Independent’s public records requests to the Fraud Division and state and federal agencies have not yet been fulfilled.
“This just goes to show the importance of the free flow of information,” New Mexico Foundation for Open Government Executive Director Sarah Welsh said.
“It’s not just reporters who are harmed when agencies withhold information, or try to spin it – it’s citizen activists, candidates for public office, business owners, legislators and in this case, even the state’s top law-enforcement agency. …What happens to the victims and perpetrators of (elder) abuse while we fight over documents? In a democracy we’re all responsible for government oversight, and our system of checks and balances simply doesn’t work without access to unfiltered information. I hope that bringing this to HSD’s attention will resolve this issue and head off any future ones.”
Source=>>Monday, January 25, 2010
The Other Health Care Crisis -- America's Elderly
By Martha Stewart for the The Huffington Post
As the health care bill winds its way through Congress, sparking passions, heated debate and countless news stories, I have been struck by the dearth of discussion about a looming health care crisis: In 2011, the first of 78 million baby boomers will start turning 65. We, as a nation, are utterly unprepared for this rapidly approaching "silver tsunami."
We do not have enough doctors skilled in the care of the very demographic group with the greatest overall health care needs. And we do not provide proper support for the more than 48 million men and women who, according to a recent report from the National Alliance for Caregiving, are caring for older family members and friends.
Our population is growing older and living longer. Life expectancy in the United States is at an all-time high of nearly 78 years. The oldest old, those who are age 85 and over, are the fastest growing segment of the population. Yet very few doctors are trained in the care of the elderly.
Do you know that there is currently one geriatrician to every 10,000 baby boomers? There are about three times as many cosmetic surgeons, a fact that speaks volumes about how we view aging in this country.
With the increase in the elderly population comes a concomitant increase in informal caregivers. Because around-the-clock home care runs as high as $150,000 per year (not including rent or food) and, depending on where you live, residence in an assisted living facility can easily cost $4,000 per month (none of which is covered by Medicare), more than 75 percent of Americans receiving long-term care rely solely on family and friends to provide assistance.
The vast majority of these caregivers are women, most of whom devote an average of 19 hours a week to their caregiving role, often while also holding down a paying job. Many are caring for young children and their aging parents at the same time. And many more, surveys show, have used all of their savings or cut back on their own health care spending in order to cover the cost of caregiving for their relative.
I come to these issues as the daughter of a woman who lived to the age of 93. My mother remained actively engaged in life and healthy nearly to the end. Still, we came to know first-hand some of the issues that need to be managed and the constant worry that shadows every day. What if she falls? What if she takes her medicine twice or, as was more likely with my mother, what if she decides not to take them at all?
My family's experience opened my eyes to the challenges facing countless Americans and their families, and inspired me to found the Martha Stewart Center for Living at the Mt. Sinai Medical Center in New York City. At the Center, which is dedicated to my mother, our mission is to help people live longer, healthier, productive lives even as they grow older. We also aim to develop new models of care for people over the age of 65 that will help our country and the world better meet the healthcare demands of an aging population.
There is an urgent need for innovative ideas and new paradigms -- and no quick fixes. But there are steps we can and should take. First, we must recognize that older adults are an idiosyncratic population with a broad spectrum of needs from the frail and fading Alzheimer's patient to the physically and mentally active senior like, for example, Clint Eastwood who at age 79 is arguably at the height of his creative powers. And we must educate doctors--whether or not they are geriatricians--so they can better understand and serve this demographic.
At Mt. Sinai [in NYC], every medical student is required to do at least some of their training at the Center for Living. No matter what specialty of medicine these doctors ultimately choose, they will be better prepared to work with our rapidly aging population.
Passage of the C.L.A.S.S. Act, a national long-term care insurance program that is currently part of both the House and Senate health care bills, could also make a difference. Introduced by the late Senator Edward M. Kennedy, the C.L.A.S.S. Act (short for Community Living Assistance Services and Support) would allow people to purchase long-term care insurance through payroll deductions and to receive cash to pay for home care, adult day programs, assisted living or nursing homes. The program's fiscal soundness has come under fire from certain quarters. There's no question that new legislation must be well-designed and viable over the long term, but, at the same time, we must not lose sight of a pressing need for solutions that will offer older adults and their families some financial protection.
We're all in this together. Whether or not you care about older people, you will, if you're lucky, be one of them. It's not just a demographic. It's personal -- it's you, your parents, your aunts, uncles, friends and children. We need to do a better job caring for this population -- and supporting those who care for them.
Martha Stewart is the founder of the Martha Stewart Center for Living at Mt. Sinai and Martha Stewart Living Omnimedia, Inc.
Americas Impending Master Class Dictatorship
| America's Impending Master Class Dictatorship | ||||
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1/25/2010 09:08:00 AM
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Labels: Financial, Goverment Abuse, Scams, sociopathy, Warning Signs
Guardianship, Temptation of Easy Money Hard To Resist !
Article courtesy of EstateOf Denial.Com
Juanita Ann Canley sentenced to jail, probation
January 9, 2009
Santa Paula News
http://www.santapaulatimes.com/news/fullstory.php/aid/17808/Juanita_Ann_Canley_sentenced_to_jail,_probation.html
District Attorney Gregory D. Totten recently announced that Juanita Ann Canley, aka Juanita Browne (DOB 1/17/59) of Ventura, has been placed on five years of probation and ordered to serve 270 days in the Ventura County Jail.
District Attorney Gregory D. Totten recently announced that Juanita Ann Canley, aka Juanita Browne (DOB 1/17/59) of Ventura, has been placed on five years of probation and ordered to serve 270 days in the Ventura County Jail. Canley was sentenced for the thefts she committed and kickbacks she received when she was employed as a deputy public guardian for Ventura County.
The Ventura County Public Guardian’s Office is the conservator of last resort for individuals who are unable to manage their own affairs and have no family members willing or able to take on responsibility for their physical and financial well being.
After a five-week trial in September and October of 2008, a jury found Canley guilty of one count of felony bribery, nine counts of felony theft of public funds, four counts of felony receiving stolen property, and one count of misdemeanor theft from a dependent person. This matter was investigated by the District Attorney’s Bureau of Investigation. The Ventura County Sheriff’s Department also assisted in the initial investigation.
Canley, a former deputy public guardian, abused her position of trust by using money she held on behalf of her clients to make purchases for herself and others. Among other things, Canley bought jewelry, hats, clothing, wigs, cosmetics, perfume, CDs, and electronic equipment. She then submitted false receipts to the Public Guardian’s Office, causing the cost of the items to be charged to Public Guardian clients.
Search warrants served on Canley’s home by the District Attorney’s Office also uncovered property that had been taken from the estates of deceased Public Guardian clients, as well as current clients who were elderly or suffering from grave disabilities. Investigators found coins, stamps, jewelry and electronic equipment, including a television that Canley was using in her upstairs den, which belonged to a Public Guardian client.
Canley was also convicted of engaging in a kickback scheme with Hiep Le, a custodian employed by the County of Ventura.
Canley hired Le to clean out homes of Public Guardian clients after they were moved to care facilities. She set the price for the clean-outs and told Le how much to return to her in cash. In one instance, she told Le to add a “no show” worker to the invoice so she could get $1,500 from the amount paid by the victim. Le often placed cash in an envelope and slid it through the window of Canley’s car, which was parked in the Government Center parking lot. In return, Le continued to receive work from Canley.
Hiep Le previously pleaded guilty to one count of felony bribery. Le cooperated with the investigation and testified against Canley at her trial. His sentencing was to be held on January 7 in courtroom 46 in front of Judge Riley.
The allegations against Canley were revealed during an investigation of Esther Torres-Anaya, also a former deputy public guardian. Torres-Anaya stole and cashed checks belonging to Public Guardian clients totaling more than $93,000. Torres-Anaya pleaded guilty to 47 felony counts and was sentenced to 64 months in state prison.
On January 21 at 8:30 a.m., Judge Rebecca Riley will hold further hearings to determine the amount of restitution owed by Canley. On behalf of the victims, the Public Guardian’s Office is requesting $6,995 in restitution plus the return of television sets, jewelry, coins, stamps, clothes and other stolen items.



