Wednesday, September 2, 2015

Memphis VA retaliates against Veteran who exposed neglect

Memphis VA retaliates against Veteran who exposed neglect



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Despite a CDN expose on poor care at the Memphis VA, the neglect of wounded warriors - quad and paraplegics continues
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http://www.memphis.va.gov/
http://www.memphis.va.gov/
MEMPHIS, Aug. 28, 2015 – The patient who leaked shocking videos showing paralyzed veterans left unattended at the Memphis VA says the only change since the video is that the hospital is now retaliating against him.
Last week, CDN broke  the news that paraplegic and quadriplegic veterans at the Memphis VA are left alone while nurses attend staff meetings.
The story was first released on CDN, and then was picked up by the Fox News Channel, featured on Fox & Friends as well as on its website, sparking national outrage about lack of care at the VA.


Instead of rectifying a bad situation, hospital staff appears to have taken punitive action against the source of the video. Staff placed the patient, whose identity CDN is protecting for safety concerns, on bed rest after they speculated he could be responsible for the video.
On bed rest, he is not allowed to move from his bed. “Before the videos, I was able to get up for an hour or so,” he told CDN. “I don’t understand why I can’t get up for an hour. It (moving around) helped with my mental health and with my overall outlook, I was able to go outside and get fresh air.”
The source noted, however, that there has been no change in terms of leaving patients unattended during staff meetings, which take place three times a day. “So far as I know it’s still the same thing. I’m in a room where I can actually see the front desk from my room.”
 
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Willie Logan, the Memphis VA’s press representative, told CDN in its last story that a nurse was always at the nurse’s station and patients only needed to push a button to reach a nurse.
The source disagrees. He noted, “It’s apparent from the video that there is not somebody at the nurse’s station at all times. The room where they have that meeting is not a patient’s room so I’m not sure if they can hear the call.”
On the foxnews.com article, several commenters pointed out that a quadriplegic, someone paralyzed from the neck down, isn’t able to push a button.
A follow-up email to Logan on this issue was left unreturned, but the patient said shortly after the email was sent, several nursing managers who had never been in the ward before were working in the ward. “I’ve seen people in here I’ve never seen before,” he said. “They’re flipping beds and cleaning under mattresses and everything.”
Following the exposure, Paralyzed Veterans of America released a statement condemning the deplorable conditions. “This video speaks to a need that our organization has stressed to VA leaders, Congress and the public for quite some time: VA needs more nurses in specialized care services like spinal cord injury centers.”
The patient said his current care is indicative of the quality of care at the Memphis VA for years. “The treatment was so bad that I made up my mind not to come back,” he said of his experience four years ago.
Because of the severity of the injury, he said he was forced to get treatment at the Memphis VA because he didn’t have proper insurance for treatment outside the VA system.


Sean Higgins, the whistleblower who brought these videos to the attention of CDN, said this case is a microcosm of a bigger problem at the Memphis VA. “The situation in the Memphis VA has been out of hand for quite some time. To care for those who shall have borne the battle is clearly not the agenda at the Memphis VA,” Higgins said in a text message to CDN. “We veterans see the neglect from management that is filtered down to the staff that actually cares for these veterans. We continue to see more of the same: deny, delay, and hope you die before they have to pay.”

After this article was published, The Memphis Veterans Affairs provided the following response:
The Memphis Veterans Affairs (VA) Medical Center adheres to very strict privacy laws which prohibit sharing personal, protected information of our Veterans, therefore we are unable to speak to any matter that would compromise an individual’s right to privacy.  Care provided to our patients is based on individual health care needs.
The Memphis VA Medical Center’s Spinal Cord Injury Unit (SCI), utilizes Environmental Control Unit (ECU) technology which is installed on the bed of every SCI patient, and allows patients to call the unit nursing staff regardless of their physical capabilities. Patients, based upon their level of ability, can utilize voice activation, touch screen, sip n’ puff straws, switch controls, or even eye gaze to operate the ECU technology.  Activating the call button by one of the aforementioned methods triggers a sound alert throughout the spinal cord unit and a light over the patient’s doorway.  Nursing staff respond appropriately to calls for assistance. The Environmental Control Units allow patients to control their surroundings, and also to control various media such as eBooks, the Internet, Facebook, Skyping with their families, and playing computer games, among other features too numerous to mention.
To ensure continuity of care, the SCI charge nurse spends five to ten minutes every day at the beginning of each shift with incoming nursing staff to share the most recent information about patients on the SCI unit. All other staff are available on the ward caring for patients.  SCI patients require very personal, hands-on care and it is rare that nurses have frequent opportunity to sit or stand at the “nurses station” – they are mostly attending to patients in the patient’s room. At no time is our SCI unit vacant of staff.
The Memphis VA Medical Center was the first hospital in the area, public or private, to install this high-tech ECU equipment. The specially trained SCI staff at Memphis VA played a key role in developing these units based upon their professional observances and desire to give Veterans the most patient centered care possible

Read more at http://www.commdiginews.com/life/memphis-va-retaliates-against-veteran-who-exposed-neglect-47533/#3yAiDEA8TrIyw3D8.99

Tuesday, September 1, 2015

How to Handle Sibling Rivalry Over Family Money and Avoid Probate Court

How to Handle Sibling Rivalry Over Family Money and Avoid Probate Court

Editor's note: This is all and well.   However, the crooks running the Probate Court of Cook County know all the illegal tricks to create disharmony. As and example, Judge Kawamoto appointed a court adjudicated insane relative as guardian.  Lucius Verenus, Schoolmaster, ProbateSharks.com

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NEW YORK (MainStreet) — Mary Rose is more than $100,000 in debt to attorneys since her 59-year-old brother, Robert Nabity, reportedly placed their mother in the Omaha, Neb., House of Hope locked Alzheimer's facility two and a half years ago. “Even though my brother and his well-connected attorney are violating state statutes and guardian responsibility guidelines there have been no consequences, because the judge does nothing about it,” said Rose, who works as a nurse in Grand Island, Neb.
Since she was separated from her 83-year-old mother, the 43-year-old says she does not have an accurate accounting of her family’s assets and belongings. “About $40,000 in bonds have been redeemed, a life insurance policy was cashed in and a $20,000 policy was signed over to a funeral home even though mother’s burial arrangements were already paid for,” Rose says. “There’s more, but I don’t have an inventory.”
That’s because Rose claims her brother has disclosed only inaccurate and incomplete financial information.
“Mother was happy living with me in my home until he kidnapped her in 2012,” Rose says. “She had given me medical power of attorney in 1998, and now I have limited access to see her.”

Nabity through his attorney Lisa Line declined to comment about the case PR12-1422, which is venued in the Douglas County Courts.
“I am allowed to visit my mother every Tuesday between 11:30 a.m. and 7:30 p.m., but I have to pay a monitor $50 an hour to supervise my visits with her,” says Rose, who lives five hours away by car roundtrip. “This is hard for my children, because they are in school until 4 p.m., so by the time we get there, it’s 6:30 and then we have to drive back for school the next morning.”
          
When it comes to wills, trusts and probate court, brothers and sisters can become the worst of enemies without best practices in place.

“Disputes among siblings that wind up in probate court are common in many families but especially when strong feelings of entitlement are not tempered with attitudes of gratitude, respect and love for one another,” says Sam Sugar, founder of the Miami-based Americans Against Abusive Guardianship.
As a result, aging parents often suffer the most when their adult family members are at war.
“My poor mother is locked up, isolated, drugged and kept away from her family, friends and the outside community," Rose says. "There is no medical research to back up or support that this is the best way to care for the elderly."

One way to avoid disputes over inheritance or family wealth is by spelling out wishes in a trust document.
"In addition to that, parents should make their intentions well known to all children well in advance," said Reno Frazzitta , founder and president of Secure My Funds, a retirement planning services firm.

To help families manage wealth, Merrill Lynch offers ten best practices, called Wealth Continuity and Family Unity. “By implementing these best practices, a family can understand who has a collaborative mindset and who may not want to participate,” says Michael Liersch, head of behavior finance at Merrill Lynch Wealth Management. “The key is to go into these discussions with a nonjudgmental, open mind so that all perspectives can be heard, which may facilitate the information flow needed to make the best decisions possible.”
Among the practices are developing skillful communication, creating accountability and establishing a collaborative advisory team.
“The practice of creating a collaborative advisory team would be most related to the notion of helping a family member with a particular dysfunction,” Liersch says. “Pulling in the right expert for advice and guidance can help a family make the right decision for a loved one they are concerned about.”
Dysfunction among family members is often created by envy, jealousy and greed.
"The fires of sibling rivalry stoked with the flammable fuel of cash are almost impossible to extinguish," Sugar says. "Sadly, when lawyers become involved, it gets very ugly."
— Written for MainStreet by Juliette Fairley

Monday, August 31, 2015

Ex-lawyer accused of hypnotizing women indicted on 27 charges

Ex-lawyer accused of hypnotizing women indicted on 27 charges

August 30, 2015
By JOHN SEEWER - Associated Press , Morning Journal News
TOLEDO - A former Cleveland-area attorney accused of hypnotizing women for his sexual pleasure has been charged with kidnapping, sexual battery and gross sexual imposition following an investigation that began last fall.
Michael Fine was taken into custody Friday afternoon and charged with 27 counts before being released on bond, according to sheriff's records.
Police in the northeast Ohio village of Sheffield began investigating Fine after two women told investigators they believed they'd been hypnotized after losing track of time and being unable to recall meetings and phone calls with Fine. Police said they later recorded Fine using explicit language while talking to the women.
Fine's attorney, Robert Housel, said on Saturday that he was surprised by some of the charges. He also said that Fine had been undergoing medical treatment for quite a while.
Fine likely will be arraigned within the next week, Housel said.
Just over a week ago, Fine, 58, agreed to permanently surrender his law license, which means he no longer can practice law in the United States.
One woman told authorities she thought Fine hypnotized her numerous times on the phone and during meetings in his office and at conference rooms at the Lorain County Justice Center. She said she hired Fine in February 2013 for a custody dispute.
The woman decided to record phone conversations with Fine.
According to a motion filed by the Lorain County Bar Association, Fine used sexually explicit language during the calls, which ended with Fine and the woman discussing legal matters. She then took the recordings to Sheffield Lake police. According to the motion, she told investigators she didn't go to police earlier because she feared not being taken seriously.
Police officers and investigators from the county prosecutor's office wired the woman with video and audio recording equipment for a meeting in Fine's office last November, the motion said. Investigators said they entered the room when Fine began discussing sex acts.
A second woman, who hired Fine in September to represent her in a divorce, told investigators that Fine discussed relaxation and meditation techniques during their first meeting and suspected that he tried to hypnotize her. The same thing happened in their next three meetings and afterward, according to the motion, the woman felt as if she'd lost time.
The second woman went to Fine's former law firm in early November when she learned he had not filed any paperwork in her case.
She told authorities that when she learned Fine was no longer with that firm, she told an attorney about her suspicions. The attorney advised her to contact authorities.
- See more at: http://www.morningjournalnews.com/page/content.detail/id/566734/Ex-lawyer-accused-of-hypnotizing-women-indicted-on-27-charges.html?nav=5006#sthash.0GYSC6gu.dpuf

Sunday, August 30, 2015

Is Someone Casing Your Estate?

Editor's note:  This Shark has only to point to the Solo-Faskowitz fraud discovered by the Florida Attorney General's office on the Estate of Irving F. Faskowitz to reveal how cleverly this type of crime can be committed.  Also, Alice R. Gore had to disclose all of her assets and their locations in an Esformes Senior Living Apartment application.  We all know the fate of Alice's estate at the hands of the Probate Court of Cook County criminals.  Lucius Verenus, Schoolmaster, ProbateSharks.com


Is Someone Casing Your Estate?

Unintended ‘heirs’ might pounce.


You likely have money, property and other items of value that you plan to leave to loved ones or charity. But do they know your plans?
It’s important that you tell them — and sooner rather than later. Why?
Because communication is one of several ways you can protect yourself from an insidious, all-too-frequent crime that is both underreported and underprosecuted, and which victimizes families of all social and economic levels.
I’m talking about inheritance theft.
No matter how smart you are or how stable your family, no one’s estate is entirely safe. Thieves are known to siphon assets from healthy, highly educated people about as often as they do those of the infirm and feeble-minded. And they get away with it because the thieves usually know the victims — and know the victims won’t prosecute.
In other words, the thieves are likely to be members of your own family. Inheritance theft can be hard to detect because thieves use whispered lies, fraud, psychological manipulation and forgery — acts hard to uncover and even harder to prove in court.
Some people never discover they were victimized or the thief convinces them that no theft occurred. Other victims are ashamed to reveal that a family member or close friend stole from them, and others don’t report losses to avoid publicity.
There are two types of estate hijackers:
Family members. Some steal because they want revenge after a lifetime of feeling neglected or abused; others feel compelled because of drug addiction, their own marital or family needs or financial strife; and some simply are greedy.
Outsiders. These include overly friendly strangers, some of whom assist the elderly or infirm to gain their trust; club or church friends; spouses from second marriages; caregivers or healthcare workers; someone who constantly criticizes or tries to portray someone as incompetent; anyone entrusted with handling another person’s money or financial affairs; anyone with a power of attorney; unethical executors of wills or trustees of trusts; and salespeople pushing financial products that are not in a client’s best interests.
How can you protect your estate and intended heirs from thieves and interlopers? While nothing can make you invincible, here are four ways you can help yourself and your parents avoid becoming victims of inheritance theft:
1. Prepare an estate plan. Documenting your desires for the disposition of your assets is the first step in preventing people from claiming you made verbal promises to them. Hire an estate attorney that you’ve vetted personally or who is referred to you by a trusted source.
2. Choose a trusted friend or family member to serve as your executor and/or trustee. And to help make sure he or she follows your instructions, distribute copies of your will and trust documents to at least one other heir — and preferably to all of them. If you feel uncomfortable letting others see your plans, require your executor or trustee to retain the services of an estate attorney (at your or your estate’s expense) to oversee matters. Instruct that the attorney be paid on an hourly basis rather than as a percent of the estate’s value. (Note: We don’t recommend that you name an attorney, bank or trust company as executor or trustee because they typically charge exorbitant fees, often as a percentage of the estate’s value. And they can be difficult or even impossible to fire — leaving your heirs helpless if they are unhappy with the costs or service.)
3. Keep all your legal and financial documents in a safe place, such as a safety deposit box or a fire-resistant home safe. Create digital backups.
4. If you make changes to your documents, inform all concerned. And that includes your independent, objective, fee-based financial advisor.
Originally published in Inside Personal Finance July 2012

How to conduct your own Real Estate Scam.

How to conduct your own Real Estate Scam.    (Three examples)
 
The Elder Cleansing cases (and in particular the Mary Sykes case) contains a text book example of how to separate a senior citizen from his or her real estate.
 
1.        Quick shot deed.      Take mother to a lawyer under the guise of helping her engage in estate planning and suggest a ‘living trust.’   This is a trust in which mother declares herself as trustee and beneficiary of a necessary trust.    The successor trustee is the person who desires to absorb the assets to the exclusion of mother and the other heirs.      With the help of an unprincipled and co-conspirator lawyer, mother is declared incompetent and the miscreant successor trustee is now the trustee and in control of the real estate.        As trustee the miscreant now can create deficiencies that allow the property to be sold at a bargain price and through a series of mesne transactions the proceeds find their way to more deserving beneficiaries.
 
a.        For this transaction to be consummated you need a series of strawmen.     It has been suggested that one of the guardian ad litem had (or has) a husband who regularly engages in such activities and that the real estate track book reveals a large number of such transactions.  The strawman provide for legitimacy appearance.    At the end of the transaction all the conspirators are rewarded with a generous payout reported on the 1040 tax form as a capital gain.   (No corrupt judge is required to cover up the perfidy.

b.      There are some interim steps.     Maintenance costs increase, mortgage payments fall into semi-defaults, esthetics are neglected *****.    A ragged throw rug, or a smelling rag left on the sink can turn off a prospective purchaser.     A broken window in the bathroom can reduce the value of a home to a prospective buyer by a $100k.   The smell of urine also does wonders.
 
2.        Poor mother has run out of money scam.      With the co-operation of a corrupt judge, corrupt judicial officials, corrupt lawyers the home of a person who has been subjected to a guardianship can be sold off by a judicially managed sale at a bargain price.    The difference between the Quick shot deed transaction and this transaction is that a corrupt judge provides the cover.    The Judge acts out of pretended compassion so that grandma will not have to be evicted from her exploitative nursing home or similar facility.     In Sykes money was short because about two million dollars escaped inventory.   Protests have gone unanswered.
 
3.       Friendly foreclosure.      In the Sykes case, Gloria’s payments were allegedly escrowed by the HOlder of the mortgage at the request of one of the attorneys for the guardian.    The escrowed funds were not credited to the mortgage and thus the mortgage went into default.     The guardian ad litem used her clout and a series of statements that were unfounded to tie up Gloria’s funds.    Thus, the mortgage holder was quite content.    It has the money and the security.    The lawyers having special relationship with the holder of the mortgage either purchased the note, or made a special fee relationship with the holder.    The net was the mortgage foreclosed and title cleared by the decree of foreclosure.     Again a series of mesne transactions yielded full value to the dwelling.     Of course a deficiency judgment is available to stop overt complaints by the victim as the miscreants are aware that in most instances the only bidder at a judicial sale is the holder of the mortgage.    If the property is particularly valuable you might obtain outside bidders.   At that point in time, the bank just bids in its mortgage, accrued interest, attorney fees and other costs and the chips fall where they may.
 
There are variation on these schemes including contesting title, lien claims etc.


    Right now in Florida Kevin P’s mother in law’s property in South Florida is being primed for such a sale.    Like the Mary Sykes case the property has value for high end development   The guardians for profit recognize the potential and you can bet your bottom dollar that a judge is going to order the property sold and bargains are going to obtained.    Why pay a fair price for a senior’s property when it can be stolen?       Offering the Judge’s family members such as the wife, daughter in law, et al a piece of the actions speeds up the transaction.     (This is what Janet is finding in California).

JUST TO MAKE THE RECORD CLEAR - THE BREACH OF A FIDUCIARY RELATIONSHIP IS A TAXABLE EVENT.   THE TRUSTEE AND/OR THE GUARDIAN ARE FIDUCIARIES.    WHEN THE FIDUCIARY TAKES CONTROL OF THE CORPUS OF THE TRUST OR THE GUARDIANSHIP ESTATE WITH THE PURPOSE OF DEFRAUDING THE WARD, THAT IS THE TAXABLE EVENT AND HE AND ALL HIS 18 USCA 371 CO CONSPIRATORS INCUR TAX LIABILITY AT THAT POINT AND HAVE TO DISCLOSE THE TRANSACTION TO THE TAX PEOPLE ON THEIR TAX RETURNS FOR THAT YEAR.   THE PROCEEDINGS OF THIS FRAUD IN NOT A CAPITAL GAIN, BUT IS ORDINARY INCOME.

As the guardian for profit or the trustee has a continuing obligation that fraud continues every day until it is cured.

Why do the taxing authorities ignore the collection of taxes due from these corrupt lawyers, corrupt judges, corrupt judicial officials?
 
Ken Ditkowsky