"...Sykes is a poster board case..."

"...Sykes is a poster board case..."

Law Offices
KENNETH DITKOWSKY
5940 W TOUHY AVE
NILES, ILLINOIS,60714
Telephone 847 600 3421
Fax 847 600 3425

April 22, 2011

Mr., Randy Wilson, Assistant Director
US Department of Justice
Washington DC 20530

Re: Letter of April 18, 2011

Dear Mr. Wilson:

The purpose of my letter apparently has been misinterpreted. I am not seeking legal advice, but I am seeking that the United States of America investigate another Greylord type of case that is pending in the Circuit Court Cook County, Illinois.

As I pointed out in my March 30, 2011 letter that the Government Accounting Office and investigators across the United States have ascertained that the Courts of various States are aiding and abetting the theft (Financial Exploitation) of the assets of seniors. Various web-sites disclose details on dozens of cases in which the aggrieved citizens have become frustrated by law enforcement unwillingness to address these issues. One of the web-sites is “Probate Sharks.”

All that said, a civil lawsuit will go nowhere. The ‘probate exception’ to 42 USCA 1983 will thwart attorneys from taking these cases, and even meritless FRCP 11 motions are expensive and discouraging. Thus, even though Congress has enacted legislation such as the Elder Justice Act form is being thwarted by substance. In the State proceedings the allegations that a judicial appointee (such as a guardian ad litem) or a Judge did a miscreant act are going to viewed like a ‘skunk in the living room.’ When the United States of America brought the ‘greylord’ indictments the legal community was hostile to the Federal prosecutors in word at least! Imagine, a private attorney bringing a lawsuit in which he claimed that the ‘chief judge of the Chancery Division’ took a bribe of two hundred dollars! It would have been professional suicide!

However, as this elder abuse is reaching unacceptable proportions ( 1 in 7 – see article attached) only the United States Justice Department has the ability to address this matter. In the Sykes case family members have reported that Mary Sykes had a safety deposit box in which there was a large quantity of gold coins and other valuables. In addition a cache of cash was kept in a mattress. None of these items were inventoried and the two guardian ad litem defend the actions of the plenary guardian as if she had Devine powers. This very same plenary guardian during this recession did expensive remodeling on her home – even though her husband was unemployed! They act as her advocates rather than advocates of the alleged disabled person.

Unfortunately Sykes is not unique – however, Sykes is a poster board case as it has all the elements. The probate exception does not apply when the United States of America is the moving party and does not apply to the continuing investigation of official corruption in the State of Illinois. In addition, if a fiduciary misappropriates funds or property of his/her ward that creates a taxable event. The conservative estimates of the value of the Sykes estate that has not been inventoried is in the hundreds of thousands of dollars.

Sincerely,

Kenneth Ditkowsky

Cc: Gloria Sykes, Bev Cooper, United States Senator Mark Kirk.

Enclosure: “Curtain Call” April 2011, AARP magazine.

Ken Ditkowsky
http://www.ditkowskylawoffice.com/


Editor's note: A few lines dedicated to the "Sykes" victims...BEWARE...


"A damsel with a dulcimer
In a vision once I saw:
It was an Abyssinian maid,
And on her dulcimer she played,...
...

And all should cry, Beware! Beware!
Her flashing eyes, her floating hair!
Weave a circle round her thrice,
And close your eyes with holy dread,
For she on honey-dew hath fed
And drunk the milk of Paradise."