View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
How to File a Complaint Against a Judge and an Attorney (Preface, part 2)
by Impeach Judge Randy Kennedy
This series is an attempt to educate laypersons on how to file a complaint against naughty lawyers and unethical judges who have kept us in the dark to this recourse (the filing of a complaint). I consider myself someone who keeps himself relatively informed and educated by reading the newspaper and watching the news(and a college graduate), but I had no idea there was a governing body that should be protecting me from the illegal actions of Judge Randy Kennedy (though they have failed in protecting me, and my estate, so far. I had never heard of the Court of the Judiciary (governing body over judges) or the Judicial Code of Ethics (rules judges MUST conduct themselves by). I had never heard of The Board of Professional Responsibility (governing body over attorneys) and the rules they are governed by, until I ran into a childhood friend who is a judicial investigator from my home state. I returned to him a week later with a working knowledge from the Judicial Code. I went to the website I will provide in this series and downloaded the complaint form, then went to work. My complaint stuck, along with several addendum to the original. Considering that, today (it is no longer that day), in the Tennessean newspaper, an article appeared that represented over 90% of judicial complaints are dismissed, I bat .1000 in my efforts. I don't claim credit for being masterful in my first complaint, but it was with ease that I caught their attention by clear and convincing evidence (actually, "strongly represented allegations"). I assisted Ginger Franklin in authoring her complaint against the same judge (Kennedy) and it stuck. Two pitches, two hits. Kennedy is generously errant, so he's an easy target. Unfortunately, the TN Court of the Judiciary is comprised of former TN judges, so we have found ourselves dealing with a impotent body of judges judging judges. (in truth, they have proven to be an organization that protects judges, in my opinion). They have yet to discipline Kennedy in either complaint. We are confident Senator Mae Beavers, chairperson for the TN Senate Judiciary Committee, and the hearings she held last week addressing drastic reform in the TN Court of the Judiciary, will finally bring our much needed REAL protection from errant judges.
Corruption in the TN legal system is of epidemic proportions, in my opinion (TN was ranked #1 Most Corrupt State in 2010 by the Daily Beast, Comcast). We need a thorough house cleaning within the Davidson County judiciary. The problem that faces an ethical judge is that one bad apple spoils the whole bunch and this is represented in the TN Judicial Code of Ethics. Just one bad judge brings the entire judiciary into disrepute (somewhat paraphrased, but close to exact).
Possessing knowledge from the Judicial Code, you can sit as an observer in Kennedy's court and watch ethics violated faster than you can takes notes and this is no exaggeration. Judges should sit in awe of the awesome responsibility bestowed upon them by we the people. Instead, you watch lawyers grovel pathetically and citizens brow beat by a public servant. Retention referendum has trickled down to our lower courts as most of them are appointed and run for "re-election" uncontested. "We the people" of TN have been left out of the judicial appointment process. So many elected benches are now "appointed". I've addressed this in previous posts and will address it again down the road, but I digress.
If you've ever had to do business with an attorney, you are familiar with that arrogant and condescending attitude by which you are addressed. The delusional egos of attorneys are also their achilles heel. The next time you have this experience, drop a little hint that you are familiar with the Board of Professional Responsibility, and your rights to file a complaint, and watch that errant attitude vaporize before your eyes. Just make sure you follow through with your complaints (and educate yourself to the Rules of Professional Conduct), or you become just another one of them blowing hot air. At the same time, do not file complaints frivolously or it will result in diluting the impact of legitimate complaints. If mentioning the Board of Professional Responsibility doesn't work, mention "errors and omissions" (this will have every attorney on my radar tossing and turning tonight). We will address errors and omissions (insurance attorneys maintain to cover malpractice) later in this series.
Colleague protection is the norm within our legal system. But this is breaking the rules that govern attorneys, also. When an attorney protects a colleague who has been naughty, he breaks the rules, too; but because their is an utter lack of awareness to our rights to complain, breaking the rules is business as usual because colleague protection is a given especially in a city like Nashville. Attorneys are legally bound to levy complaints against any judge or attorney who violates their respective codes. Unfortunately, it's honor among thieves. So, if your attorney DOES NOT file a complaint or levy charges with any and all the various and appropriate bodies, then THEY have violated their rules and you can file a complaint against them. Pay close attention to that last sentence. Colleague protection is the norm among attorneys in Nashville, but attorneys are bound to file a complaint (or charges) against a any judge or attorney they observe breaking the rules. If they do not, then they open themselves up for a complaint. Do you see the beauty in this? Now we have them "by the short tinys". We can then file a complaint against the attorney who broke the rules and we can file a complaint against the attorney who exercised colleague protection. It's a great system of checks and balances and "we the people" actually have the upper hand in all of this.
This is important, also. You don't even have to be involved directly with a case to file a complaint. If you observe an attorney or judge "breaking the rules" (and/or the law) in any legal proceeding, you have a right to file a complaint and/or charges. Seize upon this, people. Your children's future world and welfare are at stake. We CAN do something about this.
Divide and conquer.
[Part 3 of the Preface will appear next. For those that read the Preface in it's entirety, please read parts 2 and 3 as there have been revisions and additions]
Impeach Judge Randy Kennedy
September 27, 2011 at 5:28 pm
Tags: Conservatorship, Danny Tate, David E. Tate/Signet Pen and T-Shirts, Dr. Peter Martin, Guardian Abuse, Guardians, Jeannan Stuart, Judge Randy Kennedy, Nashville, Paul Housch, Probate Court, Senator Mae Beavers, Tennessee Attorney General, Tennessee Supreme Court of the Judiciary, The Nashville Bar, The Nashville Scene, Vanderbilt Psychiatric Hospital, WSMV/Channel 4/Nashville
URL: http://wp.me/p14NJl-9g
Friday, September 30, 2011
How to File a Complaint Against Judges and Attorneys (preface)
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
How to File a Complaint Against Judges and Attorneys (preface)
My name is Danny Tate and I AM the author of this blog. For the lawyers from Judge Randy Kennedy's court that troll herein, stop your commenting. I will no longer attempt to remain anonymous. My appeal was heard this week. The ONLY people that have ever offered support to Randy Kennedy are attorneys that practice in and profit from his corrupt court. Very telling. Their names can also be found in his campaign contribution file which is presented in PDF form in an earlier post from this same blog (I will post it again, so that you can be aware of who is participating in these illegal practices). Not ONE layperson contributed. Only attorneys. Judge Randy Kennedy would not survive a contested election. What's sad is that he will probably be appointed to a higher court unless reform ta kes place. He was appointed to the bench in the probate court which is supposed to be an elected position. Our legal system does provide vast opportunity for failing upwards.
This post, and the ones to follow (series), could help us revolutionize our legal system.
Legal minds have recognized the internet as the most important tool in recent history for fighting back against an utterly compromised legal system. It is the new frontier for free speech.
This blog is fact based. For the probate attorneys that have alleged libel, I welcome you to the table of discovery and deposition. I hope you do. Then we would have another avenue for exposing this court and its officers along with the systematic corruption that is perpetrated on unsuspecting citizens daily. Kennedy's "campaign contributors" (posted at the bottom) have grown delusional by getting away with perjured hearsay allegations being recognized as fact, or, should I say, as clear and convincing evidence, but they forget that "we, the people" will not tolerate this; we have been left in the dark to believe we have no recourse. We do. Probate attorneys, your perjury won't be recognized, much less tolerated, on this blog. I would love to post these comments and do critiques of each one, but time is too valuabl e and my efforts are focused on a much more effective way of weeding you out. Besides, it would be like continuing to call the retarded boy for double dribbling.
This series (How to File a Complaint....) is meant for every jurisdiction in the USA. As far as getting something done to effect change, I believe this series is of utmost importance. I'm asking that you repost and let's make this viral. I'm sure similar avenues of legal accountability exist in other countries (for those around the world who follow this blog).
Judge Randy Kennedy's campaign contribution file was mentioned above. Lawyer's contributing to judges is an ethics violation in itself, but our Court of the Judiciary in Tennessee refuses to recognize it as such, but I guarantee you that most, if not all, of the law firms and attorneys represented on that list have committed violations of the Rules of Professional Conduct while Kennedy routinely commits violations of the Judicial Code of Ethics (The Judicial Code). And most, if not all, have conspired with Judge Kennedy to commit crimes including racketeering, wire fraud, bank fraud and all forms of corruption.
Now, to the point.
Having been stripped of all civil, human and legal rights and without the help of an attorney (if you are a ward of the state under Kennedy's watch, you are a lost consideration; your own attorney is not working for you, but for the court; it's a crazy twist in the law; but don't think for a minute an attorney in Kennedy's court is practicing ethically), I was left to my own devices to figure my way out of the dark hole the 7th Circuit Court had dug for me and digs for others daily by systematically subverting the law. This errant and corrupt court is textbook on subversion of the law. Subversion of the Law 101 must be taught at Nashville School of Law. This inferior institution needs to be shuttered and chained post haste, but that topic is for another day. It is from this school that an inordinate amount of judges in Davidso n County graduate, including Randy Kennedy; thus, the ineptness and corruption that controls our judiciary. Again, for another post. But, in this series, I'm going to educate you in a an important part of the strategy I used to squeeze these culprits into submission. Unfortunately, my estate was already looted by the time it was over. I've learned much more since the alleged termination; and am unleashing a strategy that will help us make sure it does not continue. This is a call to all supporters. And it's a warning to all the illegal practitioners from Kennedy's court. You are on the hit list and you are going to awaken very soon to the grim reality you have been playing ball on the wrong team. It's so disillusioning to realize that the public servants charged with protecting us are THE BAD GUYS-literally. I've already cracked the code on how the scam works. It's laid out in this blog. Now, I believe I've cracked the code on how to bring it all down.
This series is an attempt to educate laypersons on how to file a complaint against naughty lawyers and unethical judges who have kept us in the dark to this recourse. I consider myself someone who keeps himself relatively informed and educated by reading the newspaper and watching the news(and a college graduate), but I had no idea there was a governing body that should be protecting me from the illegal actions of Kennedy. I had never heard of the Court of the Judiciary (governing body over judges) or the Judicial Code of Ethics (rules judges MUST conduct themselves by). I had never heard of The Board of Professional Responsibility (governing body over attorneys) and the rules they are governed by, until I ran into a childhood friend who is a judicial investigator from my home state. I returned to him a week later with a working knowledge from the Judicial Code. I went to the website I will provide in this series and downloaded the various complaint forms, then went to work. My complaints stuck. Considering that, today, in the Tennessean newspaper, an article appeared that represented over 90% of judicial complaints are dismissed, I bat .1000 in my efforts. I don't claim credit for being masterful in my first complaint, but it was with ease that I caught their attention by clear and convincing evidence (actually, "strongly represented allegations"). I assisted Ginger Franklin in authoring her complaint against the same judge (Kennedy) and it stuck. Two pitches, two hits. Kennedy is generously errant, so he's an easy target. Unfortunately, the TN Court of the Judiciary is comprised of former TN judges, so we have found ourselves dealing with a impotent body of judges judging judges. (in truth, they have proven to be an organization that protects judges). They have yet to discipline Kennedy in either complaint. We are confident Senator Mae Beavers, chairperson for the TN Senate Judiciary Committee, and the hearings she held this week addressing drastic reform in the TN Court of the Judiciary, will finally bring our much needed REAL protection from errant judges.
Corruption in the TN legal system is of epidemic proportions, in my opinion. We need a thorough house cleaning within the Davidson County judiciary. The problem that faces an ethical judge is that one bad apple spoils the whole bunch and this is represented in the TN Judicial Code of Ethics. Just one bad judge brings the entire judiciary into disrepute (somewhat paraphrased, but close to exact).
Possessing knowledge from the Judicial Code, you can sit as an observer in Kennedy's court and watch ethics violated faster than you can takes notes and this is no exaggeration. Judges should sit in awe of the awesome responsibility bestowed upon them by we the people. Instead, you watch lawyers grovel pathetically and citizens brow beat by a public servant.
If you've ever had to do business with an attorney, you are familiar with that arrogant and condescending attitude by which you are addressed. The delusional egos of attorneys are also their achilles heel. The next time you have this experience, drop a little hint that you are familiar with the Board of Professional Responsibility, and your rights to file a complaint, and watch that errant attitude vaporize before your eyes. Just make sure you follow through with your complaints. At the same time, do not file complaints frivolously or it will result in diluting the impact of legitimate complaints. If that doesn't work, mention "errors and omissions" (this will have every attorney on my radar tossing and turning tonight). We will address errors and omissions later in this series.
Colleague protection is the norm within our legal system. But this is breaking the rules that govern attorneys. When an attorney protects a colleague who has been naughty, he breaks the rules, too; but because their is an utter lack of awareness to our rights to complain, breaking the rules is business as usual. Attorneys are legally bound to levy complaints against any judge or attorney who violates their respective codes. Unfortunately, it's honor among thieves. So, if your attorney DOES NOT file a complaint or levy charges with any and all the various and appropriate bodies, then THEY have violated their rules and you can file a complaint against them. Pay close attention to that last sentence. Though it rarely happens, attorneys are bound to file a complaint (or charges) against a any judge or attorney t hey observe breaking the rules. If they do not, then they open themselves up for a complaint. Do you see the beauty in this? Now we have them "by the short tinys".
This is important, also. You don't even have to be involved directly with a case to file a complaint. If you observe an attorney or judge "breaking the rules" (and/or the law) in any legal proceeding, you have a right to file a complaint. Seize upon this, people. Your children's future world and welfare are at stake. We CAN do something about this. Divide and conquer.
Educate yourself to the rules governing lawyers and judges and you become a force to be reckoned with. We must take the power back in a corrupt legal system where "we the people" have become a lost interest.
Some of the worst advice you can adhere to:"let me be the lawyer". When you hear that phrase it should come accompanied with a sharp pain in your rectum because you are about to get it there. Allowing a lawyer to run freely over your case is inviting trouble. Isn't that troubling in itself?
Another catch phrase used among attorneys that should send you running (and I have only heard it from attorneys): "I've got to work in this town". That means you have just become another lost consideration. That means the judge, the attorney across the aisle and your own attorney are ahead of you on the attorney's list of who to help.
By the way, I wish I could become rich losing, but that doesn't exist in my profession. Attorneys charge you hundreds an hour and get paid even when they lose.
This last catch phrase, "it's not who knows the law, it's who knows the judge". It's according to who says it, but within that one phrase both sets of rules are violated.
Please edit and spread it. Take this series (How to File a Complaint), along with the information it possesses, and make everyone aware.
The judiciary has established itself as the most powerful branch of government and are the most unaccounted for (Marbury v Madison). We are confident Senator Mae Beavers (sen.mae.beavers@capitol.tn.gov) will provide us with the much needed reform within Tennessee's Court of the Judiciary. Email her with words of encouragement demanding such reform. Variations of these same bodies exist in every jurisdiction, but the only people that know this are attorneys and judges and they DON'T want us to know-truly. Senator Beavers, our forefathers did not possess the same patience, that's been required of us, with the British. "By any means necessary". Use the words of our forefathers (or was it the Black Panthers?) and you could be put in prison these days
On an important side note, our Constitution trumps any law. And judges are immediately instructed to rule consistent with the Constitution in the Judicial Code, but the Constitution and Bill of Rights are abhorred by judges. It gets in the way of abuse of power, ruling "willy-nilly" and the delusion that they create the law. Kennedy is guilty on all points. And he's not the brightest bulb on the tree.
The next post will give you the web sites where you can find the necessary forms and information, along with a minimal of instruction, on how to file the appropriate complaint. I have had countless people approach me about their own plights in Kennedy's court. I've instructed them to file a complaint. Most have not followed through. Our COJ, as it stands, may not be the most effective body, but just like in a criminal court, you won't be allowed to get in unless you've filed the charges. This past week has been significantly important, so NOW is the time.
Let's take back the power and, please stay tuned for the next posting.
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
How to File a Complaint Against Judges and Attorneys (preface)
My name is Danny Tate and I AM the author of this blog. For the lawyers from Judge Randy Kennedy's court that troll herein, stop your commenting. I will no longer attempt to remain anonymous. My appeal was heard this week. The ONLY people that have ever offered support to Randy Kennedy are attorneys that practice in and profit from his corrupt court. Very telling. Their names can also be found in his campaign contribution file which is presented in PDF form in an earlier post from this same blog (I will post it again, so that you can be aware of who is participating in these illegal practices). Not ONE layperson contributed. Only attorneys. Judge Randy Kennedy would not survive a contested election. What's sad is that he will probably be appointed to a higher court unless reform ta kes place. He was appointed to the bench in the probate court which is supposed to be an elected position. Our legal system does provide vast opportunity for failing upwards.
This post, and the ones to follow (series), could help us revolutionize our legal system.
Legal minds have recognized the internet as the most important tool in recent history for fighting back against an utterly compromised legal system. It is the new frontier for free speech.
This blog is fact based. For the probate attorneys that have alleged libel, I welcome you to the table of discovery and deposition. I hope you do. Then we would have another avenue for exposing this court and its officers along with the systematic corruption that is perpetrated on unsuspecting citizens daily. Kennedy's "campaign contributors" (posted at the bottom) have grown delusional by getting away with perjured hearsay allegations being recognized as fact, or, should I say, as clear and convincing evidence, but they forget that "we, the people" will not tolerate this; we have been left in the dark to believe we have no recourse. We do. Probate attorneys, your perjury won't be recognized, much less tolerated, on this blog. I would love to post these comments and do critiques of each one, but time is too valuabl e and my efforts are focused on a much more effective way of weeding you out. Besides, it would be like continuing to call the retarded boy for double dribbling.
This series (How to File a Complaint....) is meant for every jurisdiction in the USA. As far as getting something done to effect change, I believe this series is of utmost importance. I'm asking that you repost and let's make this viral. I'm sure similar avenues of legal accountability exist in other countries (for those around the world who follow this blog).
Judge Randy Kennedy's campaign contribution file was mentioned above. Lawyer's contributing to judges is an ethics violation in itself, but our Court of the Judiciary in Tennessee refuses to recognize it as such, but I guarantee you that most, if not all, of the law firms and attorneys represented on that list have committed violations of the Rules of Professional Conduct while Kennedy routinely commits violations of the Judicial Code of Ethics (The Judicial Code). And most, if not all, have conspired with Judge Kennedy to commit crimes including racketeering, wire fraud, bank fraud and all forms of corruption.
Now, to the point.
Having been stripped of all civil, human and legal rights and without the help of an attorney (if you are a ward of the state under Kennedy's watch, you are a lost consideration; your own attorney is not working for you, but for the court; it's a crazy twist in the law; but don't think for a minute an attorney in Kennedy's court is practicing ethically), I was left to my own devices to figure my way out of the dark hole the 7th Circuit Court had dug for me and digs for others daily by systematically subverting the law. This errant and corrupt court is textbook on subversion of the law. Subversion of the Law 101 must be taught at Nashville School of Law. This inferior institution needs to be shuttered and chained post haste, but that topic is for another day. It is from this school that an inordinate amount of judges in Davidso n County graduate, including Randy Kennedy; thus, the ineptness and corruption that controls our judiciary. Again, for another post. But, in this series, I'm going to educate you in a an important part of the strategy I used to squeeze these culprits into submission. Unfortunately, my estate was already looted by the time it was over. I've learned much more since the alleged termination; and am unleashing a strategy that will help us make sure it does not continue. This is a call to all supporters. And it's a warning to all the illegal practitioners from Kennedy's court. You are on the hit list and you are going to awaken very soon to the grim reality you have been playing ball on the wrong team. It's so disillusioning to realize that the public servants charged with protecting us are THE BAD GUYS-literally. I've already cracked the code on how the scam works. It's laid out in this blog. Now, I believe I've cracked the code on how to bring it all down.
This series is an attempt to educate laypersons on how to file a complaint against naughty lawyers and unethical judges who have kept us in the dark to this recourse. I consider myself someone who keeps himself relatively informed and educated by reading the newspaper and watching the news(and a college graduate), but I had no idea there was a governing body that should be protecting me from the illegal actions of Kennedy. I had never heard of the Court of the Judiciary (governing body over judges) or the Judicial Code of Ethics (rules judges MUST conduct themselves by). I had never heard of The Board of Professional Responsibility (governing body over attorneys) and the rules they are governed by, until I ran into a childhood friend who is a judicial investigator from my home state. I returned to him a week later with a working knowledge from the Judicial Code. I went to the website I will provide in this series and downloaded the various complaint forms, then went to work. My complaints stuck. Considering that, today, in the Tennessean newspaper, an article appeared that represented over 90% of judicial complaints are dismissed, I bat .1000 in my efforts. I don't claim credit for being masterful in my first complaint, but it was with ease that I caught their attention by clear and convincing evidence (actually, "strongly represented allegations"). I assisted Ginger Franklin in authoring her complaint against the same judge (Kennedy) and it stuck. Two pitches, two hits. Kennedy is generously errant, so he's an easy target. Unfortunately, the TN Court of the Judiciary is comprised of former TN judges, so we have found ourselves dealing with a impotent body of judges judging judges. (in truth, they have proven to be an organization that protects judges). They have yet to discipline Kennedy in either complaint. We are confident Senator Mae Beavers, chairperson for the TN Senate Judiciary Committee, and the hearings she held this week addressing drastic reform in the TN Court of the Judiciary, will finally bring our much needed REAL protection from errant judges.
Corruption in the TN legal system is of epidemic proportions, in my opinion. We need a thorough house cleaning within the Davidson County judiciary. The problem that faces an ethical judge is that one bad apple spoils the whole bunch and this is represented in the TN Judicial Code of Ethics. Just one bad judge brings the entire judiciary into disrepute (somewhat paraphrased, but close to exact).
Possessing knowledge from the Judicial Code, you can sit as an observer in Kennedy's court and watch ethics violated faster than you can takes notes and this is no exaggeration. Judges should sit in awe of the awesome responsibility bestowed upon them by we the people. Instead, you watch lawyers grovel pathetically and citizens brow beat by a public servant.
If you've ever had to do business with an attorney, you are familiar with that arrogant and condescending attitude by which you are addressed. The delusional egos of attorneys are also their achilles heel. The next time you have this experience, drop a little hint that you are familiar with the Board of Professional Responsibility, and your rights to file a complaint, and watch that errant attitude vaporize before your eyes. Just make sure you follow through with your complaints. At the same time, do not file complaints frivolously or it will result in diluting the impact of legitimate complaints. If that doesn't work, mention "errors and omissions" (this will have every attorney on my radar tossing and turning tonight). We will address errors and omissions later in this series.
Colleague protection is the norm within our legal system. But this is breaking the rules that govern attorneys. When an attorney protects a colleague who has been naughty, he breaks the rules, too; but because their is an utter lack of awareness to our rights to complain, breaking the rules is business as usual. Attorneys are legally bound to levy complaints against any judge or attorney who violates their respective codes. Unfortunately, it's honor among thieves. So, if your attorney DOES NOT file a complaint or levy charges with any and all the various and appropriate bodies, then THEY have violated their rules and you can file a complaint against them. Pay close attention to that last sentence. Though it rarely happens, attorneys are bound to file a complaint (or charges) against a any judge or attorney t hey observe breaking the rules. If they do not, then they open themselves up for a complaint. Do you see the beauty in this? Now we have them "by the short tinys".
This is important, also. You don't even have to be involved directly with a case to file a complaint. If you observe an attorney or judge "breaking the rules" (and/or the law) in any legal proceeding, you have a right to file a complaint. Seize upon this, people. Your children's future world and welfare are at stake. We CAN do something about this. Divide and conquer.
Educate yourself to the rules governing lawyers and judges and you become a force to be reckoned with. We must take the power back in a corrupt legal system where "we the people" have become a lost interest.
Some of the worst advice you can adhere to:"let me be the lawyer". When you hear that phrase it should come accompanied with a sharp pain in your rectum because you are about to get it there. Allowing a lawyer to run freely over your case is inviting trouble. Isn't that troubling in itself?
Another catch phrase used among attorneys that should send you running (and I have only heard it from attorneys): "I've got to work in this town". That means you have just become another lost consideration. That means the judge, the attorney across the aisle and your own attorney are ahead of you on the attorney's list of who to help.
By the way, I wish I could become rich losing, but that doesn't exist in my profession. Attorneys charge you hundreds an hour and get paid even when they lose.
This last catch phrase, "it's not who knows the law, it's who knows the judge". It's according to who says it, but within that one phrase both sets of rules are violated.
Please edit and spread it. Take this series (How to File a Complaint), along with the information it possesses, and make everyone aware.
The judiciary has established itself as the most powerful branch of government and are the most unaccounted for (Marbury v Madison). We are confident Senator Mae Beavers (sen.mae.beavers@capitol.tn.gov) will provide us with the much needed reform within Tennessee's Court of the Judiciary. Email her with words of encouragement demanding such reform. Variations of these same bodies exist in every jurisdiction, but the only people that know this are attorneys and judges and they DON'T want us to know-truly. Senator Beavers, our forefathers did not possess the same patience, that's been required of us, with the British. "By any means necessary". Use the words of our forefathers (or was it the Black Panthers?) and you could be put in prison these days
On an important side note, our Constitution trumps any law. And judges are immediately instructed to rule consistent with the Constitution in the Judicial Code, but the Constitution and Bill of Rights are abhorred by judges. It gets in the way of abuse of power, ruling "willy-nilly" and the delusion that they create the law. Kennedy is guilty on all points. And he's not the brightest bulb on the tree.
The next post will give you the web sites where you can find the necessary forms and information, along with a minimal of instruction, on how to file the appropriate complaint. I have had countless people approach me about their own plights in Kennedy's court. I've instructed them to file a complaint. Most have not followed through. Our COJ, as it stands, may not be the most effective body, but just like in a criminal court, you won't be allowed to get in unless you've filed the charges. This past week has been significantly important, so NOW is the time.
Let's take back the power and, please stay tuned for the next posting.
Thursday, September 29, 2011
At 88, A Chance To Be Independent Again
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
At 88, A Chance To Be Independent Again
by Joseph Shapiro at:http://www.npr.org/2011/07/18/138158827/at-88-a-chance-to-be-independent-again
As Rosa Hendrix puts it, she got "stuck" in a nursing home for six years. So when the 88-year-old woman was finally able to move out, she looked around her new one-bedroom apartment and had some stark things to say about what makes a home.
"A home means to me where you are not in prison. Where you don't have to have somebody to tell you what you can do, when you can do it and how you can do it," she says.
There's been a quiet revolution in the way people with disabilities get long-term health care.
Hendrix was featured in an NPR News investigation in December 2010 that examined a federal law, which now gives people like Hendrix a civil right to receive long-term health care in their own home, instead of in a nursing home or state institution. But too often, the series found, that new civil right remains an empty promise for America's disabled and elderly.
Hendrix lived in a nursing home in Atlanta located directly across the street from Martin Luther King's gravesite. She spent her days in her wheelchair in the lobby, looking through the plate glass window and watching the tourists.
Now she lives across the street from Turner Field, where the Atlanta Braves play baseball, in a brick apartment house that's been converted from an old school building. Her new one-bedroom apartment is spacious with high ceilings. "It's beautiful," she said when she moved in late last month. "It makes you feel so much better and know that you are somebody."
Uncertainty Of Leaving A Nursing Home
An NPR analysis of unpublished federal data showed that those who live in a nursing home — and how disabled they are — vary from state to state. In Illinois, for example, 20 percent of people in nursing homes can walk by themselves, but only 5 percent can in Hawaii and South Carolina. Who lives in a nursing home, the NPR investigation found, is often determined more by state policies and whether there are adequate programs to offer alternatives to nursing homes than by the level of a person's disability.
Hendrix has minor disabilities and was long able to live on her own. But how she landed in a nursing home — and stayed there — turns out to be an all too typical story.
Six years ago after she fell and hurt her leg, she went to a nursing home for what was supposed to be a temporary stay for therapy. But the therapy took longer than first expected. Her Social Security check, which paid the rent on her subsidized apartment, was diverted to pay for the nursing home room. As a result, she lost her apartment and then had no home to go back to, nor family to help her.
Getting out of a nursing home was not easy. She grew dependent upon the services at the home, such as someone to cook for her and aides to help push her wheelchair.
But Hendrix wanted to get back into an apartment of her own. Sue Jamieson, an attorney at Atlanta Legal Aid Society, and Toni Pastore, a paralegal there, helped Hendrix sue the state of Georgia to demand her own apartment. They based their suit on the Americans with Disabilities Act, a 21-year-old law that bars discrimination on the basis of a person's disability.
For Hendrix, Jamieson argued that it'd be cheaper for the state of Georgia if the elderly woman lived in her own house. Instead of the expensive, round-the-clock help available in a nursing home, Hendrix only needed a few hours a day of help from an aide who could help her get out of bed, get dressed and help with housekeeping chores.
The state agreed in principle. But finding such a place was difficult because there is an acute shortage of subsidized, wheelchair-accessible apartments in Georgia, and across the country.
Finding Independence
It took Cheryl Laurendeau, an advocate who works to help people move out of nursing homes, to make it happen. Laurendeau, who also has a disability and uses a wheelchair, became Hendrix's peer supporter and helped her find a subsidized apartment in Atlanta.
But it wasn't quick. The first apartment they went to see was up a steep hill and had a long staircase at the entrance. They couldn't even get in. Often, something that's listed as wheelchair accessible simply isn't. "People seem to think that 2 or 3 inches of a step is accessibility," says Laurendeau. "But it's not for a wheelchair."
Once Hendrix found the apartment she wanted, a federal and state Medicaid program provided more support. Funding through the Money Follows the Person program paid for basic things that can create a costly barrier for people who want to move out of a nursing home. For Hendrix, it paid for furniture — a new bed, chairs and kitchen table — pots, pans, dishes and a few groceries.
Hendrix is learning to become independent again. But it is not automatic. On the day she moved into her apartment, Hendrix let others figure out how to arrange the furniture.
She now receives help from an aide who comes for two hours in the morning to help her get out of bed and bathe and then helps prepare breakfast. The aide returns for two hours in the evening. Dinners are provided by Meals on Wheels, a nonprofit organization that delivers meals to those in need.
For the first time in years, Hendrix says, she's optimistic about her future. "I'll feel fine now," she said as she moved in. "It's gonna get better."
Editor's Note: We are happy for Rosa Hendrix, and are glad this disabled woman did not live in Cook County. You see, in Cook County Probate Court guardianship cases, wards' rights within the Americans with Disabilities Act are violated on a daily basis. Predatory and collusive guardianship proceedings exist during which wards are removed from their homes or private pay assisted living facilities, and their estates are placed into OBRA Special Needs Pooled Trusts. The wards are then placed into a public aid nursing homes, while their estates are then depleted with legal fees and guardianship fees. Nursing home owners, attorneys, and guardians profit at the expense of the disabled wards and taxpayers.
Wednesday, September 28, 2011
Former Luzerne County Judge Michael T. Conahan Sentenced to 17.5 Years in Prison
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Friday, September 23, 2011
Former Luzerne County Judge Michael T. Conahan Sentenced to 17.5 Years in Prison
On Friday, September 23, 2011, former Luzerne County President Judge Michael T. Conahan, 59, was sentenced by Federal Middle District Court Judge Edwin M. Kosik to 210 months, or 17.5 years, in federal prison for his part in the Luzerne County judicial scandal. Conahan pled guilty to his crimes and received a sentence of almost 10 years less than co-Defendant, former Luzerne County Judge Mark A. Ciavarella.
Kosik additionally ordered Conahan to pay more than $874,000 in restitution, along with other fines. Judge Kosik also recommended that Conahan be sent to a prison in Delray Beach, Florida "not for convenience" but so that his family can be in close proximity
Before the sentence was handed down, Conahan sat as he read a prepared statement accepting responsibility for his actions and apologizing to all of those he harmed. He told the court, "...the system was not corrupt. I was corrupt."
Here's a link to a September 23, 2011 article from the Times Leader on Conahan's sentencing: http://www.timesleader.com/news/Conahan-sentenced-to-.html
Posted by Daniel E. Cummins at 4:05 PM
Please read complete article at link below:
http://www.torttalk.com/2011/09/former-luzerne-county-judge-michael-t.html
Editor's note: U.S. Attorney Fitzgerald, PLEASE don't allow PA to have all the glory in prosecuting corrupt judges. We have one judge in the Probate Court of Cook County who looted an estate of one million dollars.We have scandal and corruption here in Illinois. This judge used a court documented mentally disabled person to be the guardian of a 96 year old disabled ward. And that is only one of many estates that this shark has documentation on. Lucius Verenus, Schoolmaster, ProbateSharks.com
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Friday, September 23, 2011
Former Luzerne County Judge Michael T. Conahan Sentenced to 17.5 Years in Prison
On Friday, September 23, 2011, former Luzerne County President Judge Michael T. Conahan, 59, was sentenced by Federal Middle District Court Judge Edwin M. Kosik to 210 months, or 17.5 years, in federal prison for his part in the Luzerne County judicial scandal. Conahan pled guilty to his crimes and received a sentence of almost 10 years less than co-Defendant, former Luzerne County Judge Mark A. Ciavarella.
Kosik additionally ordered Conahan to pay more than $874,000 in restitution, along with other fines. Judge Kosik also recommended that Conahan be sent to a prison in Delray Beach, Florida "not for convenience" but so that his family can be in close proximity
Before the sentence was handed down, Conahan sat as he read a prepared statement accepting responsibility for his actions and apologizing to all of those he harmed. He told the court, "...the system was not corrupt. I was corrupt."
Here's a link to a September 23, 2011 article from the Times Leader on Conahan's sentencing: http://www.timesleader.com/news/Conahan-sentenced-to-.html
Posted by Daniel E. Cummins at 4:05 PM
Please read complete article at link below:
http://www.torttalk.com/2011/09/former-luzerne-county-judge-michael-t.html
Editor's note: U.S. Attorney Fitzgerald, PLEASE don't allow PA to have all the glory in prosecuting corrupt judges. We have one judge in the Probate Court of Cook County who looted an estate of one million dollars.We have scandal and corruption here in Illinois. This judge used a court documented mentally disabled person to be the guardian of a 96 year old disabled ward. And that is only one of many estates that this shark has documentation on. Lucius Verenus, Schoolmaster, ProbateSharks.com
Cemetery Worker Stole Guitar From Army Vet’s Casket
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Cemetery Worker Stole Guitar From Army Vet’s Casket Ghoul thought Telecaster too valuable for entombment
SEPTEMBER 26--A Wisconsin cemetery worker allegedly removed a valuable Fender guitar from the casket of a 67-year-old Army veteran who died last week and had told family members that he wanted to be buried with the instrument, which was his “pride and joy,” according to court records.
Steven Conard, a 39-year-old grounds worker at the Allouez Catholic Cemetery, was arrested Saturday and charged with felony “theft from person or corpse.” Conard, who plays in a band, reportedly confessed to stealing the Fender Telecaster when confronted at his Green Bay home by Brown County Sheriff’s Department deputies.
“This isn’t something I normally do,” Conard said, according to a Circuit Court criminal complaint. “I just have a respect for fine musical instruments.” The cream-colored guitar was recovered from Conard’s living room, where the instrument was on the floor “in plain view.” Conard is pictured in the above mug shot.
The $2000 Telecaster had been placed in the casket of Randall Jourdan, who died last Monday. Jourdan, a father of nine and grandfather of 29, “liked to play guitar and watch baseball,” according to an obituary.
William Jourdan, one of the decedent’s sons, told investigators that his father had played guitar for more than 40 years “and that this guitar was his father’s pride and joy.” Cops added that, “William stated Randall told everyone that he wanted to be buried with the guitar.”
After Jourdan’s September 19 death, his casket was transported to the cemetery, where it was placed in a mausoleum building. A funeral director told Conard and another cemetery worker, James Lang, that “a guitar was in the casket with Randall’s body and the family wanted to verify that it was still there prior to the casket being placed in the burial chamber.” Jourdan is seen at left.
When the funeral director left to rejoin Jourdan’s family members, Lang told deputies that Conard opened the casket and remarked, “That’s a Telly, a really expensive guitar. I have to have that guitar. It’s too expensive to be in a crypt.” Lang, who recalled that the Telecaster was atop Jourdan’s body, added that as Conard closed the casket, he asked “if he would say anything if he took the guitar.”
Lang, who said he shrugged off Conard’s comment, subsequently checked twice to make sure the guitar was still in Jourdan’s casket, which was sitting in a burial chamber about ten feet off the ground. The opening to the chamber was temporarily covered with curtains, until a permanent stone face could be attached.
When Lang checked the casket a second time, he discovered the Fender missing and contacted his supervisor, who summoned sheriff’s deputies. When apprised of the guitar’s pilfering, Jourdan family members “were distraught over the situation.”
The Telecaster was subsequently returned to Jourdan’s kin and “final entombment” was completed Saturday, according to a press release from cemetery officials. Conard, who appeared today in court, remains in custody at the Brown County jail. (3 pages)
Please read complete article at link below:
http://www.thesmokinggun.com/documents/guitar-stolen-from-casket-764310
Editor's note: This shark has been critical of theft from the dead and dying in Cook County. It was rumored that many valuables belonging to deceased and body parts have been retained by the Lake County Illinois Coroner's office. Lucius Verenus, Schoolmaster, ProbateSharks.com
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Cemetery Worker Stole Guitar From Army Vet’s Casket Ghoul thought Telecaster too valuable for entombment
SEPTEMBER 26--A Wisconsin cemetery worker allegedly removed a valuable Fender guitar from the casket of a 67-year-old Army veteran who died last week and had told family members that he wanted to be buried with the instrument, which was his “pride and joy,” according to court records.
Steven Conard, a 39-year-old grounds worker at the Allouez Catholic Cemetery, was arrested Saturday and charged with felony “theft from person or corpse.” Conard, who plays in a band, reportedly confessed to stealing the Fender Telecaster when confronted at his Green Bay home by Brown County Sheriff’s Department deputies.
“This isn’t something I normally do,” Conard said, according to a Circuit Court criminal complaint. “I just have a respect for fine musical instruments.” The cream-colored guitar was recovered from Conard’s living room, where the instrument was on the floor “in plain view.” Conard is pictured in the above mug shot.
The $2000 Telecaster had been placed in the casket of Randall Jourdan, who died last Monday. Jourdan, a father of nine and grandfather of 29, “liked to play guitar and watch baseball,” according to an obituary.
William Jourdan, one of the decedent’s sons, told investigators that his father had played guitar for more than 40 years “and that this guitar was his father’s pride and joy.” Cops added that, “William stated Randall told everyone that he wanted to be buried with the guitar.”
After Jourdan’s September 19 death, his casket was transported to the cemetery, where it was placed in a mausoleum building. A funeral director told Conard and another cemetery worker, James Lang, that “a guitar was in the casket with Randall’s body and the family wanted to verify that it was still there prior to the casket being placed in the burial chamber.” Jourdan is seen at left.
When the funeral director left to rejoin Jourdan’s family members, Lang told deputies that Conard opened the casket and remarked, “That’s a Telly, a really expensive guitar. I have to have that guitar. It’s too expensive to be in a crypt.” Lang, who recalled that the Telecaster was atop Jourdan’s body, added that as Conard closed the casket, he asked “if he would say anything if he took the guitar.”
Lang, who said he shrugged off Conard’s comment, subsequently checked twice to make sure the guitar was still in Jourdan’s casket, which was sitting in a burial chamber about ten feet off the ground. The opening to the chamber was temporarily covered with curtains, until a permanent stone face could be attached.
When Lang checked the casket a second time, he discovered the Fender missing and contacted his supervisor, who summoned sheriff’s deputies. When apprised of the guitar’s pilfering, Jourdan family members “were distraught over the situation.”
The Telecaster was subsequently returned to Jourdan’s kin and “final entombment” was completed Saturday, according to a press release from cemetery officials. Conard, who appeared today in court, remains in custody at the Brown County jail. (3 pages)
Please read complete article at link below:
http://www.thesmokinggun.com/documents/guitar-stolen-from-casket-764310
Editor's note: This shark has been critical of theft from the dead and dying in Cook County. It was rumored that many valuables belonging to deceased and body parts have been retained by the Lake County Illinois Coroner's office. Lucius Verenus, Schoolmaster, ProbateSharks.com
Tuesday, September 27, 2011
THE FLIP SIDE OF ELDER ABUSE
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
96-year-old Florida woman, Amanda Rice Stevenson, arrested for fatally shooting nephew
BY Philip Caulfield
DAILY NEWS STAFF WRITER
Tuesday, September 27th 2011, 8:52 AM
Amanda Rice Stevenson, 96, was arrested on Monday after cops said she fatally shot her 53-year-old newphew, John Rice, at their home.
A 96-year-old wheelchair-bound Florida woman went on a rampage, fatally shooting her nephew with a .357 Magnum, cops said.
St. Augustine police said they found Johnny Rice, 53, sprawled on the floor of his bedroom, with a gunshot wound to the chest.
Amanda Rice Stevenson was arrested early Monday, hours after the attack, and charged with murder. She was being held Tuesday without bail.
Cops told The Florida Times-Union that the granny gunman pulled the trigger "over a domestic situation."
Neighbors said Rice and his wife, Deborah, were terrified of their aunt, who was prone to violent mood-swings.
"They wanted to get her help and out of the house," next-door neighbor Karen Soukiasian told the Times-Union. "They were scared. They couldn't handle her."
Stevenson had been arrested at least twice in the past, once in 1995 for arson and once for passing a bad check in 2007, according to local records.
The St. Augustine Record reported speculation thar Stevenson may have dementia.
"There was some talk about it but I haven't seen anything officially," police spokesman Mark Samson said. "I'm sure through the court system that she will be evaluated."
Please read complete article at link below:
http://www.nydailynews.com/news/national/2011/09/27/2011-09-27_96yearold_florida_woman_amanda_rice_stevenson_arrested_for_fatally_shooting_neph.html
Editor's note: No comment!
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
96-year-old Florida woman, Amanda Rice Stevenson, arrested for fatally shooting nephew
BY Philip Caulfield
DAILY NEWS STAFF WRITER
Tuesday, September 27th 2011, 8:52 AM
Amanda Rice Stevenson, 96, was arrested on Monday after cops said she fatally shot her 53-year-old newphew, John Rice, at their home.
A 96-year-old wheelchair-bound Florida woman went on a rampage, fatally shooting her nephew with a .357 Magnum, cops said.
St. Augustine police said they found Johnny Rice, 53, sprawled on the floor of his bedroom, with a gunshot wound to the chest.
Amanda Rice Stevenson was arrested early Monday, hours after the attack, and charged with murder. She was being held Tuesday without bail.
Cops told The Florida Times-Union that the granny gunman pulled the trigger "over a domestic situation."
Neighbors said Rice and his wife, Deborah, were terrified of their aunt, who was prone to violent mood-swings.
"They wanted to get her help and out of the house," next-door neighbor Karen Soukiasian told the Times-Union. "They were scared. They couldn't handle her."
Stevenson had been arrested at least twice in the past, once in 1995 for arson and once for passing a bad check in 2007, according to local records.
The St. Augustine Record reported speculation thar Stevenson may have dementia.
"There was some talk about it but I haven't seen anything officially," police spokesman Mark Samson said. "I'm sure through the court system that she will be evaluated."
Please read complete article at link below:
http://www.nydailynews.com/news/national/2011/09/27/2011-09-27_96yearold_florida_woman_amanda_rice_stevenson_arrested_for_fatally_shooting_neph.html
Editor's note: No comment!
Sunday, September 25, 2011
Corruption in Our Courts: What It Looks Like
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Editor's note: Your ProbateShark prays that "Law Enforcement" at all levels will view the Stratos Pahis document and conclude that the crimnal judges of the Probate Court of Cook County fit into its framework. Lucius Verenus, Schoolmaster, ProbateSharks.com
Corruption in Our Courts: What It Looks Like and Where It Is Hidden, Stratos Pahis
abstract. Recent surveys and events indicate that judicial corruption could be a significant
problem in the United States. This Note builds an economic model of bribery to better
understand the incentives behind this pernicious phenomenon. It then compiles a data set of
discovered incidents of judicial bribery in the United States to test the effectiveness of our antijudicial-
corruption institutions. This analysis suggests that our institutions are particularly
ineffective at preventing and uncovering judicial bribery in civil disputes and traffic hearings.
author. Yale Law School, J.D. 2009; Universidad Complutense de Madrid, M.A. 2005;
Dartmouth College, B.A. 2004. I am grateful to Professor Susan Rose-Ackerman for inspiring
my interest in this topic and for her invaluable support and feedback over many drafts of this
Note. I am also indebted to the members of The Yale Law Journal Notes Committee—in
particular to Victoria Weatherford for her patience, meticulous editing, and insightful
comments. Thanks also to Sam Ferguson for his helpful feedback. All errors that remain are of
course mine alone.
corruption in our courts
1903
“If experience demands a presumption that a judge will seize every
opportunity presented to him in the course of his official conduct to line his
pockets, no canon of ethics or statute regarding disqualification can save our
judicial system.”
—Justice William Rehnquist1
introduction
A judiciary without honesty has little chance of executing its moral and
constitutional duties, no matter how many rules of ethics exist. This is
especially true in the United States, where the judiciary is afforded wide
discretion. Facts and law require interpretation; justice and equity require
judgment. Every decision to grant a motion, to follow precedent, to interpret a
statute or facts, to set a sentence or damages—every decision left up to the
discretion of a judge—is a potential opportunity for corruption. Eliminating all
opportunities for personal gain would require nothing less than the destruction
of the independent and adaptable judicial system we know. And so we count
on honest judges to navigate our ship of justice through these dangerous
waters.
But we do not just keep our fingers crossed and hope we have good
captains at the helm. We develop processes of choosing the most skilled and
honest judges. We provide them with good pay and professional prestige to
lessen the temptations of bribery. And we develop multilevel methods of
oversight that intrude minimally (one hopes) upon their discretion and
independence. We expect judges to be honest because we establish institutions
that incentivize honesty.
Despite the critical importance of maintaining judicial integrity, there is a
dearth of empirical literature that analyzes the effectiveness of these
institutions. To be sure, some studies have tracked the historical development
of judicial integrity institutions and others have catalogued cases of judicial
corruption.2 Others still have relied upon questionnaires to gauge perceptions
1904
and incidences of corruption.3 But because no study has ventured beyond the
description of discovered cases of judicial corruption, none has been able to
answer the question of how effective our institutions have been at actually
unearthing and punishing the crime.4
This Note begins to fill in this serious gap in the literature on judicial
corruption. By developing an economic model to understand judicial
corruption and creating the only recent sample of discovered cases of judicial
bribery against which to test its predictions, this Note attempts to assess the
effectiveness of our anticorruption mechanisms. In doing so, beyond
cataloguing important patterns in judicial corruption, it advances the argument
that there is a serious blind spot in the functioning of our anticorruption
institutions. While the small sample size limits the certainty of this Note’s
findings, its analysis suggests that the mechanisms for detecting bribery of
judges in civil matters and traffic violations are deficient and that much judicial
corruption in these cases likely goes unnoticed.
Before moving on, it is worth mentioning why I have specifically focused
this Note on judicial bribery. After all, many forms of judicial corruption exist
and may in fact be more widespread than quid pro quo bribery. Cases of judges
ruling on matters involving a financial or personal conflict of interest are
numerous and are responsible for a large portion of sanctions handed down by
state judicial conduct organizations (JCOs).5 The receiving of gifts, the
granting of favors, ex parte communications, and other actions that create
partiality or its appearance are also highly prevalent forms of malfeasance dealt
with by JCOs.
Despite the importance of these forms of corruption, I have chosen to limit
my study to bribery cases for three reasons. First, a recent survey suggests that
judicial bribery may be a significant problem in the United States. In a
Transparency International survey, 2% of the North Americans (defined to
include residents of the United States and Canada) who had come into contact
judicial corruption); Geoffrey P. Miller, Bad Judges, 83 TEX. L. REV. 431 (2004) (cataloguing
cases of judicial malfeasance).
with the judiciary over the previous year reported having paid bribes.6
Assuming parity of corruption between the United States and Canada,7 and a
U.S. adult population of 220 million,8 this study implies that over one million
bribes are paid in the U.S. judicial system each year. While this survey captures
bribes directed not only toward judges, but also toward police, prosecutors,
and jurors, the results are alarming enough to warrant further study into
judges, whose integrity is most critical to a functioning judicial system.
Second, cases of bribery offer greater details for study than do other forms of
corruption. Because bribery is prosecutable, incidents of it should be relatively
well investigated and reported. Third, bribery is one of the most pernicious
forms of corruption. It can purchase favors in high-stakes cases and does not
necessitate any personal or professional relationship between the briber and
judge. It would seem, therefore, to be one of the most serious—and difficult to
detect—forms of judicial corruption that exists. The most recent judicial
scandal to come out of Pennsylvania, in which two judges pled guilty to
accepting bribes from a private juvenile detention facility in exchange for
incarcerating minors for extended periods of time, is evidence of just how vile
and pernicious the consequences of judicial bribery can be. During the last five
years, the judges collected over $2.6 million in bribes and presided over the
trials of five thousand children, including one teenager who was sentenced to
five months detention for stealing DVDs from Walmart.9
This Note is organized as follows: In Part I, I develop an economic model
for understanding judicial bribery. In Part II, I review the accountability
institutions of the state and federal judiciaries and describe the sample set of
corrupt judges. I then go over the characteristics of the judges and courts in
which bribery was discovered in Part III. In Part IV, I discuss the types of
bribery discovered, the prices of the bribes and the corrupt actions that they
bought, how the judges and bribers transacted the bribes, and what factors led
to the bribes’ discovery. This analysis leads to the troubling observation that
that some were corrupted by as little as a pound of lunch meat.
In Part V, I examine interesting patterns from the data—in particular, the
disproportionate amount of discovered bribery in criminal cases as compared
to bribery in civil cases. I observe that this discrepancy appears to be due in
large part to prosecutorial leverage, which allows criminals to bargain down
their sentence in return for incriminating information about judges, leading to
an increased rate of detection. After examining other possible explanations for
the discrepancy, I argue that the data and model support the conclusion that
bribery in civil cases is less likely to be detected than bribery in criminal cases. I
conclude with a summary of my findings and suggestions for further research.
i . understanding and observing judicial corruption
The study of corruption poses unique problems. Corruption’s covert nature
means that only a fraction of it is ever exposed. Those cases that are discovered
almost certainly share characteristics that led to their discovery. Relying solely
on discovered cases of corruption as a means of analysis is therefore a limited
method that can provide a distorted view of how much and what kind of
corruption actually exists. This limitation has led scholars to rely on survey
data of public perceptions of corruption as a proxy for the amount of
corruption that exists.10 The accuracy or inaccuracy of such perceptions
notwithstanding, relying solely on public perceptions of corruption is bound to
constrain the specificity of the conclusions. This Part provides another
framework for understanding judicial corruption.
A. An Economic Model of Bribery
Judicial corruption can be understood as the selling and purchasing of legal
decisions. Understanding judicial bribery requires understanding the
incentives that exist for parties or lawyers to purchase these decisions and for
judges to sell them.11 Below, in an attempt to predict what types of cases and
This Article is continued at the link below:
http://impeachrandykennedy.files.wordpress.com/2011/05/yale-law-on-judiciary.pdf
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Editor's note: Your ProbateShark prays that "Law Enforcement" at all levels will view the Stratos Pahis document and conclude that the crimnal judges of the Probate Court of Cook County fit into its framework. Lucius Verenus, Schoolmaster, ProbateSharks.com
Corruption in Our Courts: What It Looks Like and Where It Is Hidden, Stratos Pahis
abstract. Recent surveys and events indicate that judicial corruption could be a significant
problem in the United States. This Note builds an economic model of bribery to better
understand the incentives behind this pernicious phenomenon. It then compiles a data set of
discovered incidents of judicial bribery in the United States to test the effectiveness of our antijudicial-
corruption institutions. This analysis suggests that our institutions are particularly
ineffective at preventing and uncovering judicial bribery in civil disputes and traffic hearings.
author. Yale Law School, J.D. 2009; Universidad Complutense de Madrid, M.A. 2005;
Dartmouth College, B.A. 2004. I am grateful to Professor Susan Rose-Ackerman for inspiring
my interest in this topic and for her invaluable support and feedback over many drafts of this
Note. I am also indebted to the members of The Yale Law Journal Notes Committee—in
particular to Victoria Weatherford for her patience, meticulous editing, and insightful
comments. Thanks also to Sam Ferguson for his helpful feedback. All errors that remain are of
course mine alone.
corruption in our courts
1903
“If experience demands a presumption that a judge will seize every
opportunity presented to him in the course of his official conduct to line his
pockets, no canon of ethics or statute regarding disqualification can save our
judicial system.”
—Justice William Rehnquist1
introduction
A judiciary without honesty has little chance of executing its moral and
constitutional duties, no matter how many rules of ethics exist. This is
especially true in the United States, where the judiciary is afforded wide
discretion. Facts and law require interpretation; justice and equity require
judgment. Every decision to grant a motion, to follow precedent, to interpret a
statute or facts, to set a sentence or damages—every decision left up to the
discretion of a judge—is a potential opportunity for corruption. Eliminating all
opportunities for personal gain would require nothing less than the destruction
of the independent and adaptable judicial system we know. And so we count
on honest judges to navigate our ship of justice through these dangerous
waters.
But we do not just keep our fingers crossed and hope we have good
captains at the helm. We develop processes of choosing the most skilled and
honest judges. We provide them with good pay and professional prestige to
lessen the temptations of bribery. And we develop multilevel methods of
oversight that intrude minimally (one hopes) upon their discretion and
independence. We expect judges to be honest because we establish institutions
that incentivize honesty.
Despite the critical importance of maintaining judicial integrity, there is a
dearth of empirical literature that analyzes the effectiveness of these
institutions. To be sure, some studies have tracked the historical development
of judicial integrity institutions and others have catalogued cases of judicial
corruption.2 Others still have relied upon questionnaires to gauge perceptions
1904
and incidences of corruption.3 But because no study has ventured beyond the
description of discovered cases of judicial corruption, none has been able to
answer the question of how effective our institutions have been at actually
unearthing and punishing the crime.4
This Note begins to fill in this serious gap in the literature on judicial
corruption. By developing an economic model to understand judicial
corruption and creating the only recent sample of discovered cases of judicial
bribery against which to test its predictions, this Note attempts to assess the
effectiveness of our anticorruption mechanisms. In doing so, beyond
cataloguing important patterns in judicial corruption, it advances the argument
that there is a serious blind spot in the functioning of our anticorruption
institutions. While the small sample size limits the certainty of this Note’s
findings, its analysis suggests that the mechanisms for detecting bribery of
judges in civil matters and traffic violations are deficient and that much judicial
corruption in these cases likely goes unnoticed.
Before moving on, it is worth mentioning why I have specifically focused
this Note on judicial bribery. After all, many forms of judicial corruption exist
and may in fact be more widespread than quid pro quo bribery. Cases of judges
ruling on matters involving a financial or personal conflict of interest are
numerous and are responsible for a large portion of sanctions handed down by
state judicial conduct organizations (JCOs).5 The receiving of gifts, the
granting of favors, ex parte communications, and other actions that create
partiality or its appearance are also highly prevalent forms of malfeasance dealt
with by JCOs.
Despite the importance of these forms of corruption, I have chosen to limit
my study to bribery cases for three reasons. First, a recent survey suggests that
judicial bribery may be a significant problem in the United States. In a
Transparency International survey, 2% of the North Americans (defined to
include residents of the United States and Canada) who had come into contact
judicial corruption); Geoffrey P. Miller, Bad Judges, 83 TEX. L. REV. 431 (2004) (cataloguing
cases of judicial malfeasance).
with the judiciary over the previous year reported having paid bribes.6
Assuming parity of corruption between the United States and Canada,7 and a
U.S. adult population of 220 million,8 this study implies that over one million
bribes are paid in the U.S. judicial system each year. While this survey captures
bribes directed not only toward judges, but also toward police, prosecutors,
and jurors, the results are alarming enough to warrant further study into
judges, whose integrity is most critical to a functioning judicial system.
Second, cases of bribery offer greater details for study than do other forms of
corruption. Because bribery is prosecutable, incidents of it should be relatively
well investigated and reported. Third, bribery is one of the most pernicious
forms of corruption. It can purchase favors in high-stakes cases and does not
necessitate any personal or professional relationship between the briber and
judge. It would seem, therefore, to be one of the most serious—and difficult to
detect—forms of judicial corruption that exists. The most recent judicial
scandal to come out of Pennsylvania, in which two judges pled guilty to
accepting bribes from a private juvenile detention facility in exchange for
incarcerating minors for extended periods of time, is evidence of just how vile
and pernicious the consequences of judicial bribery can be. During the last five
years, the judges collected over $2.6 million in bribes and presided over the
trials of five thousand children, including one teenager who was sentenced to
five months detention for stealing DVDs from Walmart.9
This Note is organized as follows: In Part I, I develop an economic model
for understanding judicial bribery. In Part II, I review the accountability
institutions of the state and federal judiciaries and describe the sample set of
corrupt judges. I then go over the characteristics of the judges and courts in
which bribery was discovered in Part III. In Part IV, I discuss the types of
bribery discovered, the prices of the bribes and the corrupt actions that they
bought, how the judges and bribers transacted the bribes, and what factors led
to the bribes’ discovery. This analysis leads to the troubling observation that
that some were corrupted by as little as a pound of lunch meat.
In Part V, I examine interesting patterns from the data—in particular, the
disproportionate amount of discovered bribery in criminal cases as compared
to bribery in civil cases. I observe that this discrepancy appears to be due in
large part to prosecutorial leverage, which allows criminals to bargain down
their sentence in return for incriminating information about judges, leading to
an increased rate of detection. After examining other possible explanations for
the discrepancy, I argue that the data and model support the conclusion that
bribery in civil cases is less likely to be detected than bribery in criminal cases. I
conclude with a summary of my findings and suggestions for further research.
i . understanding and observing judicial corruption
The study of corruption poses unique problems. Corruption’s covert nature
means that only a fraction of it is ever exposed. Those cases that are discovered
almost certainly share characteristics that led to their discovery. Relying solely
on discovered cases of corruption as a means of analysis is therefore a limited
method that can provide a distorted view of how much and what kind of
corruption actually exists. This limitation has led scholars to rely on survey
data of public perceptions of corruption as a proxy for the amount of
corruption that exists.10 The accuracy or inaccuracy of such perceptions
notwithstanding, relying solely on public perceptions of corruption is bound to
constrain the specificity of the conclusions. This Part provides another
framework for understanding judicial corruption.
A. An Economic Model of Bribery
Judicial corruption can be understood as the selling and purchasing of legal
decisions. Understanding judicial bribery requires understanding the
incentives that exist for parties or lawyers to purchase these decisions and for
judges to sell them.11 Below, in an attempt to predict what types of cases and
This Article is continued at the link below:
http://impeachrandykennedy.
Saturday, September 24, 2011
Reports of suspected elder financial abuse on the rise
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Reports of suspected elder financial abuse on the rise
July 13, 2011
Christina Jewett
A state law mandating that bank and credit union employees report suspected financial abuse of elders has resulted in a rising number of reports, including one that led investigators to a Sacramento-area attorney accused of squandering a 94-year-old man’s wealth while gambling, golfing and dining out.
The 2005 law, which is scheduled to fall off the books in 2013, requires bank employees to report suspicious financial activity to a local Adult Protective Services office.
Such reports filed with the county offices are on the rise, with 1,730 filed in the first four months of 2008 compared with 2,132 filed during the first four months of this year, according to data compiled by the state Department of Social Services. Since 2005, the number of confirmed cases of elder financial abuse went from 1,375 to 1,654, records for the first four months of each year show.
Jenefer Duane, founder of the San Francisco-based Elder Financial Protection Network, said the law has been critical to identifying abuse and is likely to be renewed by the Legislature this session. Sen. Joe Simitian, D-Palo Alto, carried the 2005 bill and the pending legislation to renew the law.
The 2005 law ultimately spurred a report from a fraud analyst at the Addison Avenue Federal Credit Union, which has a Roseville branch, setting off an investigation that led to the April arrest of a Roseville attorney who specializes in Medicare set-aside processes.
Delbert Joe Modlin is accused of two counts of theft from an elder, embezzlement by a trustee and unlawful taking of a vehicle. Deputy Attorney General Steve Muni of the Bureau of Medi-Cal Fraud & Elder Abuse said the investigation is ongoing.
Neither Modlin nor his attorney returned calls or an e-mail Monday or Tuesday. Modlin has not yet entered a plea in Placer County Superior Court, where the case is moving forward.
According to a declaration in support of Modlin’s arrest, he earned $40,800 in “excessive” attorney and trustee fees while handling the affairs of an elderly Auburn couple.
The declaration says the couple received medical care at Kaiser Permanente Roseville Medical Center, where Modlin’s wife was a patient discharge planner who referred the couple to a senior placement agent. That agent arranged for the couple to move to an elder care facility and suggested that the family make financial arrangements with Modlin, records say.
Kaiser Roseville said in a statement that it has cooperated fully with the attorney general’s investigation, is not a target of the probe and no longer employs Modlin’s wife, who was an on-call discharge planner.
Court records say that once Modlin began working as a trustee with the family, he charged high fees to move and re-invest the couple’s assets and sell their home. Court records show the home was sold against the owners’ wishes.
Modlin also arranged for his brother to sell the couple’s annuities, earning a commission of $15,000, half of which he paid back to Modlin as a “kickback,” court records say.
Modlin hired a son-in-law to move the couple’s belongings out of their Auburn home, filling three rollaway Dumpsters and keeping a china cabinet and dishes, the affidavit says. Modlin also parked the victim’s 1998 Oldsmobile at his home and tried but failed to get the vehicle put in his name.
Modlin also relied on a power-of-attorney document signed by the 97-year-old wife of the elderly man, who at the time believed that it was 1994 and that Lyndon Johnson was president.
An investigator for the attorney general’s office also reviewed bank accounts and found that Modlin routinely withdrew $500 to $7,000 of the man’s money at Thunder Valley Casino and also used his money for dining, golf outings and gas.
The older man already has testified about his experience, a technique employed in elder abuse cases and meant to document testimony of people who may not survive a lengthy legal process.
Duane, an elder financial abuse expert, said her organization’s website has a number of tip sheets for those concerned about elder financial abuse
Please read complete article at link below:
http://efpnreporter.wordpress.com/
Editor's note: This shark would be reporting crooks in the Probate Court of Cook County all day if we had a law like the CA law.
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Reports of suspected elder financial abuse on the rise
July 13, 2011
Christina Jewett
A state law mandating that bank and credit union employees report suspected financial abuse of elders has resulted in a rising number of reports, including one that led investigators to a Sacramento-area attorney accused of squandering a 94-year-old man’s wealth while gambling, golfing and dining out.
The 2005 law, which is scheduled to fall off the books in 2013, requires bank employees to report suspicious financial activity to a local Adult Protective Services office.
Such reports filed with the county offices are on the rise, with 1,730 filed in the first four months of 2008 compared with 2,132 filed during the first four months of this year, according to data compiled by the state Department of Social Services. Since 2005, the number of confirmed cases of elder financial abuse went from 1,375 to 1,654, records for the first four months of each year show.
Jenefer Duane, founder of the San Francisco-based Elder Financial Protection Network, said the law has been critical to identifying abuse and is likely to be renewed by the Legislature this session. Sen. Joe Simitian, D-Palo Alto, carried the 2005 bill and the pending legislation to renew the law.
The 2005 law ultimately spurred a report from a fraud analyst at the Addison Avenue Federal Credit Union, which has a Roseville branch, setting off an investigation that led to the April arrest of a Roseville attorney who specializes in Medicare set-aside processes.
Delbert Joe Modlin is accused of two counts of theft from an elder, embezzlement by a trustee and unlawful taking of a vehicle. Deputy Attorney General Steve Muni of the Bureau of Medi-Cal Fraud & Elder Abuse said the investigation is ongoing.
Neither Modlin nor his attorney returned calls or an e-mail Monday or Tuesday. Modlin has not yet entered a plea in Placer County Superior Court, where the case is moving forward.
According to a declaration in support of Modlin’s arrest, he earned $40,800 in “excessive” attorney and trustee fees while handling the affairs of an elderly Auburn couple.
The declaration says the couple received medical care at Kaiser Permanente Roseville Medical Center, where Modlin’s wife was a patient discharge planner who referred the couple to a senior placement agent. That agent arranged for the couple to move to an elder care facility and suggested that the family make financial arrangements with Modlin, records say.
Kaiser Roseville said in a statement that it has cooperated fully with the attorney general’s investigation, is not a target of the probe and no longer employs Modlin’s wife, who was an on-call discharge planner.
Court records say that once Modlin began working as a trustee with the family, he charged high fees to move and re-invest the couple’s assets and sell their home. Court records show the home was sold against the owners’ wishes.
Modlin also arranged for his brother to sell the couple’s annuities, earning a commission of $15,000, half of which he paid back to Modlin as a “kickback,” court records say.
Modlin hired a son-in-law to move the couple’s belongings out of their Auburn home, filling three rollaway Dumpsters and keeping a china cabinet and dishes, the affidavit says. Modlin also parked the victim’s 1998 Oldsmobile at his home and tried but failed to get the vehicle put in his name.
Modlin also relied on a power-of-attorney document signed by the 97-year-old wife of the elderly man, who at the time believed that it was 1994 and that Lyndon Johnson was president.
An investigator for the attorney general’s office also reviewed bank accounts and found that Modlin routinely withdrew $500 to $7,000 of the man’s money at Thunder Valley Casino and also used his money for dining, golf outings and gas.
The older man already has testified about his experience, a technique employed in elder abuse cases and meant to document testimony of people who may not survive a lengthy legal process.
Duane, an elder financial abuse expert, said her organization’s website has a number of tip sheets for those concerned about elder financial abuse
Please read complete article at link below:
http://efpnreporter.wordpress.
Editor's note: This shark would be reporting crooks in the Probate Court of Cook County all day if we had a law like the CA law.
Friday, September 23, 2011
Senate Sub-Committee Hearing on: “Protecting Seniors and Persons with Disabilities - An Examination of Court - Appointed Guardians”
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Senate Sub-Committee Hearing on: “Protecting Seniors and Persons with Disabilities - An Examination of Court - Appointed Guardians”
The Senate Judiciary Committee's hearing "Protecting Seniors and Persons with Disabilities--An Examination of Court-Appointed Guardians" took place yesterday. The webcast may now be viewed by clicking on the webcast link on the following website. The hearing begins about 15 minutes into the webcast, so drag the time bar across the bottom of the webcast to about the 15 minute mark.
http://judiciary.senate.gov/hearings/hearing.cfm?id=a403ca3d3a306a8a2e1882e0291900e7
While the hearing was excellent and provides suggestions for much needed reform against guardianship abuse, many of the suggestions made are reliant on an honest court system. As long as corruption is occurring within the court system itself, as we have seen in the Cook County Probate Courts, legislation for oversight will be of no benefit.
The Committee is requesting that victims and their families submit their stories to the committee Chair before September 29, 2011, so your testimonials may become a part of the Committee's record. Please submit your testimonies as soon as possible to the Chairman of the Senate Judiciary, Senator Amy Klobuchar. We recommend faxing your reports to her, (or mailing with 2 day delivery) so they will be received by the deadline and become a part of their Senate Subcommittee's record of abusive guardianship proceedings.
Senator Amy Klobuchar, Chairman Senate Judiciary Subcommittee Hearing on Examination of Court- Appointed Guardians
Washington, DC
302 Hart Senate Office Building
Washington, DC 20510
phone: 202-224-3244
fax: 202-228-2186
Signed,
Your Probate Sharks Senate Liasons Against Court-Sanctioned Guardian Abuse
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Senate Sub-Committee Hearing on: “Protecting Seniors and Persons with Disabilities - An Examination of Court - Appointed Guardians”
The Senate Judiciary Committee's hearing "Protecting Seniors and Persons with Disabilities--An Examination of Court-Appointed Guardians" took place yesterday. The webcast may now be viewed by clicking on the webcast link on the following website. The hearing begins about 15 minutes into the webcast, so drag the time bar across the bottom of the webcast to about the 15 minute mark.
http://judiciary.senate.gov/hearings/hearing.cfm?id=a403ca3d3a306a8a2e1882e0291900e7
While the hearing was excellent and provides suggestions for much needed reform against guardianship abuse, many of the suggestions made are reliant on an honest court system. As long as corruption is occurring within the court system itself, as we have seen in the Cook County Probate Courts, legislation for oversight will be of no benefit.
The Committee is requesting that victims and their families submit their stories to the committee Chair before September 29, 2011, so your testimonials may become a part of the Committee's record. Please submit your testimonies as soon as possible to the Chairman of the Senate Judiciary, Senator Amy Klobuchar. We recommend faxing your reports to her, (or mailing with 2 day delivery) so they will be received by the deadline and become a part of their Senate Subcommittee's record of abusive guardianship proceedings.
Senator Amy Klobuchar, Chairman Senate Judiciary Subcommittee Hearing on Examination of Court- Appointed Guardians
Washington, DC
302 Hart Senate Office Building
Washington, DC 20510
phone: 202-224-3244
fax: 202-228-2186
Signed,
Your Probate Sharks Senate Liasons Against Court-Sanctioned Guardian Abuse
Luxury retirement community in Gold Coast defaults on loan
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Luxury retirement community in Gold Coast defaults on loan
By Ameet Sachdev
Tribune reporter
2:50 PM CDT, September 22, 2011
The owner of a luxury retirement community in Chicago's Gold Coast has defaulted on its loan.
The Franciscan Sisters religious order said in a statement that it has elected not to make a scheduled debt payment on the Clare at Water Tower, a 57-story tower at 55 E. Pearson St.
"This is the first step in a process of working collaboratively with our lenders to identify a permanent solution for the structure of The Clare's debt in the future," Judy Amiano, president and chief executive officer of the Franciscan Sisters of Chicago Service Corp.
The Clare is one of several retirement communities that the organization operates in Illinois, Indiana, Kentucky and Ohio. Amiano's statement said that the Clare's financial troubles has no bearing on the rest of the Franciscan ministry.
The story was first reported by Bloomberg News.
Please read complete article at link below:
http://www.chicagotribune.com/business/breaking/chi-luxury-retirement-community-in-gold-coast-defaults-on-loan-20110922,0,595344.story
Editor's note: Your Probate Shark is most unnerved by this event. Many residents of retirement communities post some or all of their assets as a prerequisite to join such communities. Hopefully these financial problems can be corrected as it would a catastrophe beyond imagination to evict hundreds of elder retirees. Lucius Verenus, Schoolmaster, ProbateSharks.com
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Luxury retirement community in Gold Coast defaults on loan
By Ameet Sachdev
Tribune reporter
2:50 PM CDT, September 22, 2011
The owner of a luxury retirement community in Chicago's Gold Coast has defaulted on its loan.
The Franciscan Sisters religious order said in a statement that it has elected not to make a scheduled debt payment on the Clare at Water Tower, a 57-story tower at 55 E. Pearson St.
"This is the first step in a process of working collaboratively with our lenders to identify a permanent solution for the structure of The Clare's debt in the future," Judy Amiano, president and chief executive officer of the Franciscan Sisters of Chicago Service Corp.
The Clare is one of several retirement communities that the organization operates in Illinois, Indiana, Kentucky and Ohio. Amiano's statement said that the Clare's financial troubles has no bearing on the rest of the Franciscan ministry.
The story was first reported by Bloomberg News.
Please read complete article at link below:
http://www.chicagotribune.com/business/breaking/chi-luxury-retirement-community-in-gold-coast-defaults-on-loan-20110922,0,595344.story
Editor's note: Your Probate Shark is most unnerved by this event. Many residents of retirement communities post some or all of their assets as a prerequisite to join such communities. Hopefully these financial problems can be corrected as it would a catastrophe beyond imagination to evict hundreds of elder retirees. Lucius Verenus, Schoolmaster, ProbateSharks.com
Thursday, September 22, 2011
Trusted probate trustee gets prison for stealing
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Trusted probate trustee gets prison for stealing
SAN DIEGO — In her role as one of the most highly regarded private fiduciaries in the county, Teresa Laggner was appointed scores of times by the probate court to oversee trust accounts, conservatorships and estates.
Teresa Laggner, a private fiduciary, is shown in February before pleading guilty in federal court in San Diego to stealing thousands of dollars from client trust accounts to fund a gambling addiction. On Monday, she was sentenced to 18 months in prison. — John GastaldoShe built a reputation for scruples and integrity, known for being exacting and meticulous when it came to accounting for the millions of dollars she had control over.
But unknown to those same lawyers and judges was the state of Laggner’s personal life, as disorganized and chaotic as her professional life seemed precise and ordered.
That other life was revealed in federal court Monday when Laggner, 56, was sentenced to 18 months in prison for draining hundreds of thousands of dollars from client trust accounts over the course of a single year. The money was used to feed a voracious gambling habit at local casinos, where Laggner racked up more than $1 million in losses over the past four years.
She lived in squalor in what her lawyers described as “an unclean, unsafe hoarding condition” in her Lakeside home. Entire rooms were closed off because they were overstuffed with trash and possessions. The master bathroom was unusable.
Laggner’s daughter said the home was full of dog feces and urine, and it was “unwise” to open the overstocked kitchen pantry because the food inside had gone rancid.
Defense lawyer Dana Grimes contended that the disarray in Laggner’s personal life was a symptom of her deep depression and long-suppressed mental anxiety. Her first husband physically and emotionally abused her, according to court papers. When he came home he would don white gloves and inspect the house for cleanliness. If it was dirty, Laggner was punished.
That marriage ended in divorce, and Laggner eventually built up her business as a private fiduciary. These positions are regulated by the state Department of Consumer Affairs, but that agency does not have any investigators to monitor the work of fiduciaries.
Laggner was appointed to oversee dozens of trusts, a power that gave her the authority to open bank accounts for the trust assets under her management. Last October, she was overseeing a combined $20 million in assets.
Prosecutors said she would transfer funds from the trust accounts into her personal accounts via online banking. Money was then transferred to her players account at Barona Casino & Resort, where she played almost daily.
At first, prosecutors pegged the losses from the trusts at $1 million. On Monday, that amount was lowered to $471,000, Assistant U.S. Attorney Christopher Tenorio said. The difference comes from $600,000 in fees that Laggner was entitled to have for managing one large estate.
U.S. District Judge Larry Burns was skeptical about the size of those fees, but Tenorio told him that they were properly paid out according to the terms of the trust.
Like all fiduciaries, Laggner was required to be bonded when taking on an estate, and insurers will likely have to make the trusts whole.
Laggner has been diagnosed with depression and — not surprisingly — having a gambling addiction. Burns said he was sympathetic with her plight but that did not justify or excuse taking advantage of her position with the court and the trusts of the people whose money she oversaw.
Since charges were filed in January, Laggner has been working with the courts to provide accounting for the cases she worked on. The court had immediately suspended her when learning of the charges.
Tenorio said Laggner’s cooperation led the government to seek a lighter sentence than called for and asked for a two-year term. She had faced a minimum of 37 months in prison.
Grimes said Laggner should be given probation.
Burns disagreed and said a prison sentence would send a signal to others.
“A sentence in this case sends a shot across the bow to other fiduciaries who might have their thumb on the scales,” he said.
Written by
Greg Moran /h5>
4:45 p.m., Sept. 19, 2011
Twitter: @gregmoran
Facebook: SDUT Courts & Law
Please read complete article at link below:
http://www.signonsandiego.com/news/2011/sep/19/probate-trustee-sent-to-prison-for-stealing-from/
Editor's note: This shark has a problem with the title, "Trusted probate trustee gets prison for stealing". Your ProbateShark believes the title to be an "oxymoron" However, in the Cook County Probate Court, everyone steals and it is considered by that pack of thieves to be a common virtue to steal. In Cook County the title would read, "Untrusted probate untrustworthy gets prize for stealing" Lucius Verenus, Schoolmaster, ProbateSharks.com
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Trusted probate trustee gets prison for stealing
SAN DIEGO — In her role as one of the most highly regarded private fiduciaries in the county, Teresa Laggner was appointed scores of times by the probate court to oversee trust accounts, conservatorships and estates.
Teresa Laggner, a private fiduciary, is shown in February before pleading guilty in federal court in San Diego to stealing thousands of dollars from client trust accounts to fund a gambling addiction. On Monday, she was sentenced to 18 months in prison. — John GastaldoShe built a reputation for scruples and integrity, known for being exacting and meticulous when it came to accounting for the millions of dollars she had control over.
But unknown to those same lawyers and judges was the state of Laggner’s personal life, as disorganized and chaotic as her professional life seemed precise and ordered.
That other life was revealed in federal court Monday when Laggner, 56, was sentenced to 18 months in prison for draining hundreds of thousands of dollars from client trust accounts over the course of a single year. The money was used to feed a voracious gambling habit at local casinos, where Laggner racked up more than $1 million in losses over the past four years.
She lived in squalor in what her lawyers described as “an unclean, unsafe hoarding condition” in her Lakeside home. Entire rooms were closed off because they were overstuffed with trash and possessions. The master bathroom was unusable.
Laggner’s daughter said the home was full of dog feces and urine, and it was “unwise” to open the overstocked kitchen pantry because the food inside had gone rancid.
Defense lawyer Dana Grimes contended that the disarray in Laggner’s personal life was a symptom of her deep depression and long-suppressed mental anxiety. Her first husband physically and emotionally abused her, according to court papers. When he came home he would don white gloves and inspect the house for cleanliness. If it was dirty, Laggner was punished.
That marriage ended in divorce, and Laggner eventually built up her business as a private fiduciary. These positions are regulated by the state Department of Consumer Affairs, but that agency does not have any investigators to monitor the work of fiduciaries.
Laggner was appointed to oversee dozens of trusts, a power that gave her the authority to open bank accounts for the trust assets under her management. Last October, she was overseeing a combined $20 million in assets.
Prosecutors said she would transfer funds from the trust accounts into her personal accounts via online banking. Money was then transferred to her players account at Barona Casino & Resort, where she played almost daily.
At first, prosecutors pegged the losses from the trusts at $1 million. On Monday, that amount was lowered to $471,000, Assistant U.S. Attorney Christopher Tenorio said. The difference comes from $600,000 in fees that Laggner was entitled to have for managing one large estate.
U.S. District Judge Larry Burns was skeptical about the size of those fees, but Tenorio told him that they were properly paid out according to the terms of the trust.
Like all fiduciaries, Laggner was required to be bonded when taking on an estate, and insurers will likely have to make the trusts whole.
Laggner has been diagnosed with depression and — not surprisingly — having a gambling addiction. Burns said he was sympathetic with her plight but that did not justify or excuse taking advantage of her position with the court and the trusts of the people whose money she oversaw.
Since charges were filed in January, Laggner has been working with the courts to provide accounting for the cases she worked on. The court had immediately suspended her when learning of the charges.
Tenorio said Laggner’s cooperation led the government to seek a lighter sentence than called for and asked for a two-year term. She had faced a minimum of 37 months in prison.
Grimes said Laggner should be given probation.
Burns disagreed and said a prison sentence would send a signal to others.
“A sentence in this case sends a shot across the bow to other fiduciaries who might have their thumb on the scales,” he said.
Written by
Greg Moran /h5>
4:45 p.m., Sept. 19, 2011
Twitter: @gregmoran
Facebook: SDUT Courts & Law
Please read complete article at link below:
http://www.signonsandiego.com/news/2011/sep/19/probate-trustee-sent-to-prison-for-stealing-from/
Editor's note: This shark has a problem with the title, "Trusted probate trustee gets prison for stealing". Your ProbateShark believes the title to be an "oxymoron" However, in the Cook County Probate Court, everyone steals and it is considered by that pack of thieves to be a common virtue to steal. In Cook County the title would read, "Untrusted probate untrustworthy gets prize for stealing" Lucius Verenus, Schoolmaster, ProbateSharks.com
Wednesday, September 21, 2011
Home Care Provider To Pay $150 Million In Fraud Settlement
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Home Care Provider To Pay $150 Million In Fraud Settlement
By Michelle Diament
September 13, 2011
A national home health care provider has agreed to pay $150 million to settle allegations that it fraudulently billed Medicaid and other government programs for services that weren’t provided.
The agreement comes in a deal between Maxim Healthcare Services and the federal government in addition to more than 40 states.
Government officials had alleged that Maxim — which provides home health services to people with disabilities and other health needs — ran a “nationwide scheme” to bilk federal benefits programs out of over $61 million between 2003 and 2009.
The wrongdoing was first uncovered by Richard West, a New Jersey resident who noticed that Maxim had billed Medicaid for services he never received.
“This type of fraud uses patients as pawns in a game of corporate greed that puts cash over care, running up the bills on the very people our public health care programs are supposed to benefit,” said Tony West, assistant attorney general of the civil division of the U.S. Department of Justice.
For its part representatives at Maxim are not making excuses.
“We take full responsibility for these events… and we are pleased to reach a settlement that will allow us to move forward with the important work of caring for our patients and clients who depend on us each and every day,” Maxim CEO Brad Bennett said in a statement.
In addition to the payments Maxim has agreed to make — which will be divided between the federal government and states — nine individuals including eight former Maxim employees have already pleaded guilty to felony charges related to the fraud allegations.
The company has also agreed to employ an independent monitor to oversee future activities.
Please read complete articles at links below:
http://www.disabilityscoop.com/2011/09/13/home-care-provider-150-million/13944/
http://articles.baltimoresun.com/2011-09-17/business/bs-bz-hancock-medical-whistleblower-20110917_1_medical-fraud-medicare-and-medicaid-fraud-whistleblower
Editor's note: $150 M is chicken feed. Feds, just imagine the billions of dollars that could be recovered from the hundreds of crooks habitating the Probate Court of Cook County. Many of these probate judges were trained and had their skills honed in the fine art of fleecing the citizens of America in the Juvenile Courts.
Lucius Verenus, Schoolmaster, ProbateSharks.com
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Home Care Provider To Pay $150 Million In Fraud Settlement
By Michelle Diament
September 13, 2011
A national home health care provider has agreed to pay $150 million to settle allegations that it fraudulently billed Medicaid and other government programs for services that weren’t provided.
The agreement comes in a deal between Maxim Healthcare Services and the federal government in addition to more than 40 states.
Government officials had alleged that Maxim — which provides home health services to people with disabilities and other health needs — ran a “nationwide scheme” to bilk federal benefits programs out of over $61 million between 2003 and 2009.
The wrongdoing was first uncovered by Richard West, a New Jersey resident who noticed that Maxim had billed Medicaid for services he never received.
“This type of fraud uses patients as pawns in a game of corporate greed that puts cash over care, running up the bills on the very people our public health care programs are supposed to benefit,” said Tony West, assistant attorney general of the civil division of the U.S. Department of Justice.
For its part representatives at Maxim are not making excuses.
“We take full responsibility for these events… and we are pleased to reach a settlement that will allow us to move forward with the important work of caring for our patients and clients who depend on us each and every day,” Maxim CEO Brad Bennett said in a statement.
In addition to the payments Maxim has agreed to make — which will be divided between the federal government and states — nine individuals including eight former Maxim employees have already pleaded guilty to felony charges related to the fraud allegations.
The company has also agreed to employ an independent monitor to oversee future activities.
Please read complete articles at links below:
http://www.disabilityscoop.com/2011/09/13/home-care-provider-150-million/13944/
http://articles.baltimoresun.com/2011-09-17/business/bs-bz-hancock-medical-whistleblower-20110917_1_medical-fraud-medicare-and-medicaid-fraud-whistleblower
Editor's note: $150 M is chicken feed. Feds, just imagine the billions of dollars that could be recovered from the hundreds of crooks habitating the Probate Court of Cook County. Many of these probate judges were trained and had their skills honed in the fine art of fleecing the citizens of America in the Juvenile Courts.
Lucius Verenus, Schoolmaster, ProbateSharks.com
Monday, September 19, 2011
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Senate Judiciary Committee
Subcommittee on Administrative Oversight and the Courts
“Protecting Seniors and Persons with Disabilities - An Examination of Court - Appointed Guardians”
Please click on the link below; you will be able to tune in via webcast during this Senate Hearing at 1:30 p.m. (Chicago time) on September 22, 2011.
http://judiciary.senate.gov/hearings/hearing.cfm?id=a403ca3d3a306a8a2e1882e0291900e7
Senate Judiciary Committee
Subcommittee on Administrative Oversight and the Courts
DATE: September 22, 2011
TIME: 02:30 PM (1:30 P.M. CHICAGO TIME)
ROOM: Dirksen 226
NOTICE OF SUBCOMMITTEE HEARING
The Senate Committee on the Judiciary has scheduled a hearing of the Subcommittee on Administrative Oversight and the Courts entitled “Protecting Seniors and Persons with Disabilities – An Examination of Court - Appointed Guardians” for Thursday, September 22, 2011, at 2:30 p.m. in Room 226 of the Dirksen Senate Office Building.
Chairman Klobuchar to preside.
By order of the Chairman.
Additionally, the committee publishes transcripts for their hearings, and may be found, when available, on the link below:
http://judiciary.senate.gov/resources/transcripts/index.cfm
Editor's note: We at ProbateSharks applaud the Senate Judiciary Committee for their efforts in examining guardianship abuse through the courts. Senator Leahy sits on the Senate Judiciary Committee; he is the Senator who last year read letters from many of our readers explaining to him how their disabled loved ones' rights were violated under the Americans With Disabilities Act during their guardianship proceedings in the Cook County Probate Court.
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Senate Judiciary Committee
Subcommittee on Administrative Oversight and the Courts
“Protecting Seniors and Persons with Disabilities - An Examination of Court - Appointed Guardians”
Please click on the link below; you will be able to tune in via webcast during this Senate Hearing at 1:30 p.m. (Chicago time) on September 22, 2011.
http://judiciary.senate.gov/hearings/hearing.cfm?id=a403ca3d3a306a8a2e1882e0291900e7
Senate Judiciary Committee
Subcommittee on Administrative Oversight and the Courts
DATE: September 22, 2011
TIME: 02:30 PM (1:30 P.M. CHICAGO TIME)
ROOM: Dirksen 226
NOTICE OF SUBCOMMITTEE HEARING
The Senate Committee on the Judiciary has scheduled a hearing of the Subcommittee on Administrative Oversight and the Courts entitled “Protecting Seniors and Persons with Disabilities – An Examination of Court - Appointed Guardians” for Thursday, September 22, 2011, at 2:30 p.m. in Room 226 of the Dirksen Senate Office Building.
Chairman Klobuchar to preside.
By order of the Chairman.
Additionally, the committee publishes transcripts for their hearings, and may be found, when available, on the link below:
http://judiciary.senate.gov/resources/transcripts/index.cfm
Editor's note: We at ProbateSharks applaud the Senate Judiciary Committee for their efforts in examining guardianship abuse through the courts. Senator Leahy sits on the Senate Judiciary Committee; he is the Senator who last year read letters from many of our readers explaining to him how their disabled loved ones' rights were violated under the Americans With Disabilities Act during their guardianship proceedings in the Cook County Probate Court.
WAS JAMES BROWN MURDERED?
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
WAS JAMES BROWN MURDERED?
James Brown's confidante now says he was the victim of an elaborate ‘hit’
Friday September 16,2011
By Peter Sheridan in Los Angeles Have your say(0)
AS THOUSANDS of fans filed past his open gold coffi n on the stage of New York’s famed Apollo Theatre, in his diamond-studded sky-blue suit, white gloves and silver shoes, music legend James Brown finally looked at peace.
The Godfather of Soul, who invented funk, befriended presidents but endured a deeply troubled personal life marred by drink, drugs, divorce and numerous arrests, had died at 73 on Christmas Day, 2006, of congestive heart failure – his family claimed. But almost five years after his death a bitter battle still rages over his £70million fortune and the singer’s war-torn family was this week hit with the shocking claim that the music icon may have been murdered.
“James Brown did not die of a heart attack,” insists his former publicist Jacque Hollander, 56. “It was an ordered hit.”
Please read complete article at link below:
http://www.express.co.uk/features/view/271621/Was-James-Brown-murdered-
Editor's note: The Brown article reminds this shark of the murder of Lyda Tyler, presently being covered up by the Probate Court of Cook County. Lucius Verenus, Schoolmaster, ProbateSharks.com
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
WAS JAMES BROWN MURDERED?
James Brown's confidante now says he was the victim of an elaborate ‘hit’
Friday September 16,2011
By Peter Sheridan in Los Angeles Have your say(0)
AS THOUSANDS of fans filed past his open gold coffi n on the stage of New York’s famed Apollo Theatre, in his diamond-studded sky-blue suit, white gloves and silver shoes, music legend James Brown finally looked at peace.
The Godfather of Soul, who invented funk, befriended presidents but endured a deeply troubled personal life marred by drink, drugs, divorce and numerous arrests, had died at 73 on Christmas Day, 2006, of congestive heart failure – his family claimed. But almost five years after his death a bitter battle still rages over his £70million fortune and the singer’s war-torn family was this week hit with the shocking claim that the music icon may have been murdered.
“James Brown did not die of a heart attack,” insists his former publicist Jacque Hollander, 56. “It was an ordered hit.”
Please read complete article at link below:
http://www.express.co.uk/features/view/271621/Was-James-Brown-murdered-
Editor's note: The Brown article reminds this shark of the murder of Lyda Tyler, presently being covered up by the Probate Court of Cook County. Lucius Verenus, Schoolmaster, ProbateSharks.com
Fraud case targets grants awarded by President Obama’s friend
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Fraud case targets grants awarded by President Obama’s friend
By CHRIS FUSCO & DAVE McKINNEYStaff Reporters / cfusco@suntimes.com September 19, 2011 2:26AM
Barack Obama, Eric Whitaker
Updated: September 19, 2011 2:36AM
The indictment of a Chicago nurse accused of diverting hundreds of thousands of dollars in taxpayer funds for her personal use has turned a spotlight on an Illinois state agency that awarded her money while it was headed by one of President Barack Obama’s closest friends, Dr. Eric E. Whitaker, records show.
Under Whitaker, the Illinois Department of Public Health awarded Margaret A. Davis — the former program director of the Chicago Chapter of the National Black Nurses Association — a no-bid contract and seven AIDS- and cancer-related grants that became part of her $500,000 cash-siphoning scheme, prosecutors say.
According to federal subpoenas and other records, Davis’ June 9 indictment by a federal grand jury in Springfield is part of a larger criminal investigation involving the health department and other state agencies.
Please read complete article in link below:
http://www.suntimes.com/7680344-417/fraud-case-targets-grants-awarded-by-president-obamas-friend.html
Editor's note: It is unfortunate that the Illinois health care system is being dragged into the same corruption that permeates its court systems. Lucius Verenus, Schoolmaster, ProbateSharks.com
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Fraud case targets grants awarded by President Obama’s friend
By CHRIS FUSCO & DAVE McKINNEYStaff Reporters / cfusco@suntimes.com September 19, 2011 2:26AM
Barack Obama, Eric Whitaker
Updated: September 19, 2011 2:36AM
The indictment of a Chicago nurse accused of diverting hundreds of thousands of dollars in taxpayer funds for her personal use has turned a spotlight on an Illinois state agency that awarded her money while it was headed by one of President Barack Obama’s closest friends, Dr. Eric E. Whitaker, records show.
Under Whitaker, the Illinois Department of Public Health awarded Margaret A. Davis — the former program director of the Chicago Chapter of the National Black Nurses Association — a no-bid contract and seven AIDS- and cancer-related grants that became part of her $500,000 cash-siphoning scheme, prosecutors say.
According to federal subpoenas and other records, Davis’ June 9 indictment by a federal grand jury in Springfield is part of a larger criminal investigation involving the health department and other state agencies.
Please read complete article in link below:
http://www.suntimes.com/7680344-417/fraud-case-targets-grants-awarded-by-president-obamas-friend.html
Editor's note: It is unfortunate that the Illinois health care system is being dragged into the same corruption that permeates its court systems. Lucius Verenus, Schoolmaster, ProbateSharks.com
Friday, September 16, 2011
'Senator Death' sparks euthanasia debate
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Exberliner Magazine
'Senator Death' sparks euthanasia debate
Published: 11 Nov 08 16:24 CET
A German politician dubbed "Senator Death" has been providing paid assistance to old ladies who want to die, sparking a debate whether he’s a money-hungry granny-killer or a euthanasia rights champion. Exberliner Magazine’s Jacinta Nandi reports.
"Senator Death's been at it again!" roared the yellow press last October, after 84-year-old Inge Iassov was found dead on September 30 in her Würzburg flat in Bavaria. If Hamburg's former justice senator (minister), Dr. Roger Kusch, were a more sensitive type, reading the German tabloids could deal him quite an ego-blow. But the pro-euthanasia activist says the lurid headlines don't bother him at all: "The situation for dying patients in Germany is really bad. Doctors aren't allowed to help them commit suicide," explains the Herr Doktor, who is a lawyer, and not a medical doctor.
Far to the contrary: the scandal brought his new business to the spotlight - an assisted suicide service which for just €8,000 helps willing volunteers to, well, top themselves. Inge Iassov was not his first customer. In July, Kusch provided similar assistance to 79-year-old Bettina Schardt.
The Kusch case
Kusch is certainly a controversial figure. A doctor of law, the man was Hamburg's CDU justice minister from 2001 to 2006. Forced to come out of the closet in 2003 because he was accused of having an affair with mayor Ole von Beust, his boss, Kusch was heavily criticised by his party for his pro-euthanasia position, until finally being sacked for refusing to co-operate with a parliamentary inquiry.
Early this year, Kusch started his own party, Heimat Hamburg, which was meant to offer citizens a more conservative alternative to the CDU. Along with racist promises, law and order clichés and anti-Islamic propaganda, the liberalizing of existing euthanasia laws figured highly in his programme.
Heimat Hamburg did so badly in the 2008 local elections that they disbanded in April. Never short of initiatives, Roger Kusch then proceeded to set up his foundation, Dr. Roger Kusch Sterbehilfe e.V., which, as well as campaigning for the rights of those who wish to end their own lives, offers a special suicide machine - an intravenous device - which he plans to offer for sale. But his most popular idea so far has been his assisted suicide service. Bettina Schardt was Kusch's first client.
After his first success, Kusch decided to take things even further. Advertising the assisted suicide service on his website, Kusch even named the price - for €8,000 one can be helped to a humane death.
Euthanasia auf Deutsch
The moral debate surrounding euthanasia and assisted suicide is complex. Even finding an adequate definition for euthanasia is tricky. Things get even trickier in translation because 'euthanasia' is usually translated into German as Sterbehilfe, or "death help,“ because Euthanasie is associated with Nazi eugenics.
But what is Sterbehilfe? There is passive, active and indirect Sterbehilfe. Passive is when doctors and family members agree to discontinue use of, for example, dialysis machines or artificial feeding methods, and thus shorten the dying process.
Active Sterbehilfe is when a doctor administers a dying patient with an extra dose of painkiller, usually morphine, which they know will kill. This is illegal in Germany. Then there's indirect Sterbehilfe, which is when the doctor gives the dying patient some kind of painkiller, primarily to ease pain, but which 'could' shorten the patient's life.
Physician assisted suicide (PAS) is a bit different from Sterbehilfe. Here the patient expresses their wish to die and is physically capable of administering the medication on their own. Although this is not legally considered Sterbehilfe, when we discuss euthanasia, we often mean PAS. PAS is allowed in very few places in the world, including Switzerland and Oregon, USA.
In the Netherlands assisted suicide and other forms of euthanasia are still technically illegal, but doctors will not be prosecuted.
"Assisted suicide is against German medical ethics"
Interestingly, assisted suicide in itself is not illegal in Germany. "No, you couldn't be prosecuted for helping someone to commit suicide," Edgar Dahl, Bio-Ethics professor at the University of Giessen, explains. "Suicide is not a crime, so helping someone to commit suicide isn't a crime either."
The only trouble is that, once the patient actually starts dying, the doctors should do everything they can to bring them back to life, or they could get prosecuted for Unterlassene Hilfeleistung, i.e. the failure to assist a person in danger. Dahl chuckles. "I mean, it's a grey area. But the trouble isn't the law. The law was changed in 2006 so that if it's a case of PAS, rather than normal suicide, a doctor will be given the benefit of the doubt. If I came in and found my partner had attempted suicide, and didn't phone the ambulance, that is Unterlassene Hilfeleistung. But that's not the case for doctors helping a terminally- ill patient. Lawyers decided that in such cases the doctor would not get in trouble."
But if it's not illegal, what's the problem? "The trouble is the German Medical Council. They say that assisted suicide is against medical ethics." Doctors who assist with suicides are scared of losing the right to practice.
The Medical Council's harsh stance allows Roger Kusch to take advantage of the situation. Becuase he's not a medical doctor, he doesn't have a license to lose. As a trained lawyer, Kusch takes all legal precautions: like with the case of Bettina Schardt. This elderly but healthy woman contacted Dr. Kusch via his pro-euthanasia foundation with the concrete wish to commit suicide. Kusch then counseled her through the necessary medication to take, but, importantly, Kusch did not provide or administer the drugs himself. Instead, he entered the woman's home, and videotaped not only her suicide request but also the actual moment when she swallowed the deadly tablets. He left the room before she fell into a coma, and re-entered the room three hours later, to find her dead. He then publicized her death widely – and his own participation in the process. Dahl comments, "I think Kusch knows that it isn't ideal. It's an emergency solution until the Medical Council sees reason."
But Kusch is not the only option. Many Germans seeking PAS are turning to Switzerland, where, although the legal situation is more or less the same as here, doctors have a little more leeway. "The Swiss Medical Council added one line to their charter that gives doctors the freedom of discretion: the doctor's decision must be respected in individual cases." This loophole allows Dignitas, a Swiss foundation which campaigns for the right to die, to offer an assisted suicide service to both Swiss and foreign citizens. Dignitas charges its patients €4,000 for preparation and suicide assistance. Despite being a non-profit organization, Dignitas has repeatedly refused to open its finances to the public. Around 80 Germans go to Switzerland to use Dignitas' services each year. This practice is referred to in the German media as Sterbetourismus - death tourism.
"Making money through assisted suicide should be a criminal offence"
Kusch's methods raised many outraged voices, notably among the German clergy. If the Archbishop of Berlin, Cardinal Sterzinsky, had his way, assisted suicide would be a crime and suicide organizations would be forbidden from advertising their services in Germany. "Suicide can't be made into a criminal offence," explains Cardinal Sterzinsky. "But 'helping' someone to commit suicide, that should be made illegal."
The Church's stance is irremediably opposed to euthanasia. "We have to be careful here. Helping someone while they die is one thing. But helping someone to die is not allowed. We cannot choose to end life!"
Eugen Brysch, the CEO of the German Hospice Foundation, was also shocked by Kusch's shameless business approach: "Making money through assisted suicide - that should be a criminal offence. I think Roger Kusch is showing his true face here - rather than really being there for the dying people, he just wants to make money. In fact he is exploiting the biggest fear of elderly people - the fear of becoming a burden." Many politicians agree.
In July this year a group of German politicians, including Baden-Württemberg's justice minister Prof. Dr. Ulrich Goll (FDP), tabled a motion demanding that assisted suicide be made illegal. But the motion failed. "It's this political inaction which enables an inhumane egocentric like Kusch to abuse people's natural fears," laments Brysch.
"What we need in Germany is a situation like in Oregon"
Many doctors are scared that tightening the rules will lead to more doctors being discredited, prosecuted, or even imprisoned: increasing numbers of medical practitioners are asking for the rules to be made more flexible. "What we need in Germany is a situation like in Oregon, in the US." Edgar Dahl says. "There, the Death with Dignity Act, which is about 10 years old, gives terminally-ill patients the freedom to apply for the right to die. They have to apply for it twice, and they have to think about it for two weeks. Two independent doctors have to sign the application, and then the patient can receive the necessary medication to die."
Sara, an American-German PR consultant based in Berlin, knows all about the difficulties of growing old in today's medically advanced society. Her sickly German grandmother has been in and out of old people's homes for the past 20 years. "It's awful to see her like this. But I think we should worry that a more liberal approach towards euthanasia could lead to state-sanctioned murder. Old people are getting older and poorer all the time - they've got no pensions, of course they're going to be depressed! And we might just end up ... getting rid of them."
But Edgar Dahl says she shouldn't really worry about that. "The figures from Oregon show that it is not the more vulnerable members of society who are taking advantage of the system. It is the more privileged - people with private health insurance." Kusch also rejects the idea of a slippery slope to state-condoned murder. "This danger simply doesn't exist. Even in the future people won't have to justify their will to live! Wanting to live will always be the norm in our society, and the desire to commit suicide an exception!"
Fear of the old people's home
Whichever side of the euthanasia debate you're on, one thing is deadly clear. The current situation in Germany is good for no-one, except Kusch, who is making €8,000 per dead granny. And what exactly does that money get you? It seems like a steep price for a few drugs. Dahl says he was surprised to learn that Kusch was charging a fee. "I don't really know what Dr. Kusch is charging €8,000 for. I do find it a bit hard to understand. The whole reason we want to allow assisted suicides here is to spare people the cost and trouble of going to Switzerland. At the moment the trip to Switzerland costs around €6,000. That's why we want the doctors to change their rules - so that poorer people can have some autonomy at the end of their lives."
Roger Kusch is certainly a dodgy figure. It's not even certain that the pensioners he's been helping to die would have been allowed to kill themselves legally in Oregon or Switzerland. Although Kusch says that he was absolutely convinced of Bettina Schardt's determination to die, the truth is she was not terminally ill and did not suffer from constant pain.
Instead, she lived under a terrible fear - of a retirement home, which in Germany has a truly horrible reputation: "I will never enter a Seniorenheim," announced Bettina S. resolutely in her video-recorded suicide statement.
According to the Federal Statistics Office 9,402 people in Germany committed suicide last year. Of these, 3,993 were over 60 years old. Suicide numbers in Germany are going down - but amongst older people they are rising. "The situation for old people in Germany is not good enough," says one caregiver, who wished to remain anonymous. "Old people can't grow old with any dignity in homes like ours - instead they are left alone all day, to lie in their own excrement, open wounds, hungry, thirsty - no wonder most people say they would rather die than end up in a home."
In the meantime, until the rules in Germany are finally tightened up - or loosened - how many more grannies will be ending their days at the hands of Roger Kusch? Meanwhile, the Hamburg police say they are investigating the case of Inge Iassov's death - but not, at this point, as murder.
Please read complete article at link below:
http://www.thelocal.de/society/20081111-15457.html
Editor's note: This shark believes that Herr Doctor of Law Kusch would fit in perfectly into the scheme of fraud perpetrated by the Probate Court of Cook County. Court ordered death conducted by a lawyer. Instead, the nursing home brutes pulled her teeth, drugged her and she died in agony soon afterword. Lucius Verenus, Schoolmaster, ProbateSharks.com
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Exberliner Magazine
'Senator Death' sparks euthanasia debate
Published: 11 Nov 08 16:24 CET
A German politician dubbed "Senator Death" has been providing paid assistance to old ladies who want to die, sparking a debate whether he’s a money-hungry granny-killer or a euthanasia rights champion. Exberliner Magazine’s Jacinta Nandi reports.
"Senator Death's been at it again!" roared the yellow press last October, after 84-year-old Inge Iassov was found dead on September 30 in her Würzburg flat in Bavaria. If Hamburg's former justice senator (minister), Dr. Roger Kusch, were a more sensitive type, reading the German tabloids could deal him quite an ego-blow. But the pro-euthanasia activist says the lurid headlines don't bother him at all: "The situation for dying patients in Germany is really bad. Doctors aren't allowed to help them commit suicide," explains the Herr Doktor, who is a lawyer, and not a medical doctor.
Far to the contrary: the scandal brought his new business to the spotlight - an assisted suicide service which for just €8,000 helps willing volunteers to, well, top themselves. Inge Iassov was not his first customer. In July, Kusch provided similar assistance to 79-year-old Bettina Schardt.
The Kusch case
Kusch is certainly a controversial figure. A doctor of law, the man was Hamburg's CDU justice minister from 2001 to 2006. Forced to come out of the closet in 2003 because he was accused of having an affair with mayor Ole von Beust, his boss, Kusch was heavily criticised by his party for his pro-euthanasia position, until finally being sacked for refusing to co-operate with a parliamentary inquiry.
Early this year, Kusch started his own party, Heimat Hamburg, which was meant to offer citizens a more conservative alternative to the CDU. Along with racist promises, law and order clichés and anti-Islamic propaganda, the liberalizing of existing euthanasia laws figured highly in his programme.
Heimat Hamburg did so badly in the 2008 local elections that they disbanded in April. Never short of initiatives, Roger Kusch then proceeded to set up his foundation, Dr. Roger Kusch Sterbehilfe e.V., which, as well as campaigning for the rights of those who wish to end their own lives, offers a special suicide machine - an intravenous device - which he plans to offer for sale. But his most popular idea so far has been his assisted suicide service. Bettina Schardt was Kusch's first client.
After his first success, Kusch decided to take things even further. Advertising the assisted suicide service on his website, Kusch even named the price - for €8,000 one can be helped to a humane death.
Euthanasia auf Deutsch
The moral debate surrounding euthanasia and assisted suicide is complex. Even finding an adequate definition for euthanasia is tricky. Things get even trickier in translation because 'euthanasia' is usually translated into German as Sterbehilfe, or "death help,“ because Euthanasie is associated with Nazi eugenics.
But what is Sterbehilfe? There is passive, active and indirect Sterbehilfe. Passive is when doctors and family members agree to discontinue use of, for example, dialysis machines or artificial feeding methods, and thus shorten the dying process.
Active Sterbehilfe is when a doctor administers a dying patient with an extra dose of painkiller, usually morphine, which they know will kill. This is illegal in Germany. Then there's indirect Sterbehilfe, which is when the doctor gives the dying patient some kind of painkiller, primarily to ease pain, but which 'could' shorten the patient's life.
Physician assisted suicide (PAS) is a bit different from Sterbehilfe. Here the patient expresses their wish to die and is physically capable of administering the medication on their own. Although this is not legally considered Sterbehilfe, when we discuss euthanasia, we often mean PAS. PAS is allowed in very few places in the world, including Switzerland and Oregon, USA.
In the Netherlands assisted suicide and other forms of euthanasia are still technically illegal, but doctors will not be prosecuted.
"Assisted suicide is against German medical ethics"
Interestingly, assisted suicide in itself is not illegal in Germany. "No, you couldn't be prosecuted for helping someone to commit suicide," Edgar Dahl, Bio-Ethics professor at the University of Giessen, explains. "Suicide is not a crime, so helping someone to commit suicide isn't a crime either."
The only trouble is that, once the patient actually starts dying, the doctors should do everything they can to bring them back to life, or they could get prosecuted for Unterlassene Hilfeleistung, i.e. the failure to assist a person in danger. Dahl chuckles. "I mean, it's a grey area. But the trouble isn't the law. The law was changed in 2006 so that if it's a case of PAS, rather than normal suicide, a doctor will be given the benefit of the doubt. If I came in and found my partner had attempted suicide, and didn't phone the ambulance, that is Unterlassene Hilfeleistung. But that's not the case for doctors helping a terminally- ill patient. Lawyers decided that in such cases the doctor would not get in trouble."
But if it's not illegal, what's the problem? "The trouble is the German Medical Council. They say that assisted suicide is against medical ethics." Doctors who assist with suicides are scared of losing the right to practice.
The Medical Council's harsh stance allows Roger Kusch to take advantage of the situation. Becuase he's not a medical doctor, he doesn't have a license to lose. As a trained lawyer, Kusch takes all legal precautions: like with the case of Bettina Schardt. This elderly but healthy woman contacted Dr. Kusch via his pro-euthanasia foundation with the concrete wish to commit suicide. Kusch then counseled her through the necessary medication to take, but, importantly, Kusch did not provide or administer the drugs himself. Instead, he entered the woman's home, and videotaped not only her suicide request but also the actual moment when she swallowed the deadly tablets. He left the room before she fell into a coma, and re-entered the room three hours later, to find her dead. He then publicized her death widely – and his own participation in the process. Dahl comments, "I think Kusch knows that it isn't ideal. It's an emergency solution until the Medical Council sees reason."
But Kusch is not the only option. Many Germans seeking PAS are turning to Switzerland, where, although the legal situation is more or less the same as here, doctors have a little more leeway. "The Swiss Medical Council added one line to their charter that gives doctors the freedom of discretion: the doctor's decision must be respected in individual cases." This loophole allows Dignitas, a Swiss foundation which campaigns for the right to die, to offer an assisted suicide service to both Swiss and foreign citizens. Dignitas charges its patients €4,000 for preparation and suicide assistance. Despite being a non-profit organization, Dignitas has repeatedly refused to open its finances to the public. Around 80 Germans go to Switzerland to use Dignitas' services each year. This practice is referred to in the German media as Sterbetourismus - death tourism.
"Making money through assisted suicide should be a criminal offence"
Kusch's methods raised many outraged voices, notably among the German clergy. If the Archbishop of Berlin, Cardinal Sterzinsky, had his way, assisted suicide would be a crime and suicide organizations would be forbidden from advertising their services in Germany. "Suicide can't be made into a criminal offence," explains Cardinal Sterzinsky. "But 'helping' someone to commit suicide, that should be made illegal."
The Church's stance is irremediably opposed to euthanasia. "We have to be careful here. Helping someone while they die is one thing. But helping someone to die is not allowed. We cannot choose to end life!"
Eugen Brysch, the CEO of the German Hospice Foundation, was also shocked by Kusch's shameless business approach: "Making money through assisted suicide - that should be a criminal offence. I think Roger Kusch is showing his true face here - rather than really being there for the dying people, he just wants to make money. In fact he is exploiting the biggest fear of elderly people - the fear of becoming a burden." Many politicians agree.
In July this year a group of German politicians, including Baden-Württemberg's justice minister Prof. Dr. Ulrich Goll (FDP), tabled a motion demanding that assisted suicide be made illegal. But the motion failed. "It's this political inaction which enables an inhumane egocentric like Kusch to abuse people's natural fears," laments Brysch.
"What we need in Germany is a situation like in Oregon"
Many doctors are scared that tightening the rules will lead to more doctors being discredited, prosecuted, or even imprisoned: increasing numbers of medical practitioners are asking for the rules to be made more flexible. "What we need in Germany is a situation like in Oregon, in the US." Edgar Dahl says. "There, the Death with Dignity Act, which is about 10 years old, gives terminally-ill patients the freedom to apply for the right to die. They have to apply for it twice, and they have to think about it for two weeks. Two independent doctors have to sign the application, and then the patient can receive the necessary medication to die."
Sara, an American-German PR consultant based in Berlin, knows all about the difficulties of growing old in today's medically advanced society. Her sickly German grandmother has been in and out of old people's homes for the past 20 years. "It's awful to see her like this. But I think we should worry that a more liberal approach towards euthanasia could lead to state-sanctioned murder. Old people are getting older and poorer all the time - they've got no pensions, of course they're going to be depressed! And we might just end up ... getting rid of them."
But Edgar Dahl says she shouldn't really worry about that. "The figures from Oregon show that it is not the more vulnerable members of society who are taking advantage of the system. It is the more privileged - people with private health insurance." Kusch also rejects the idea of a slippery slope to state-condoned murder. "This danger simply doesn't exist. Even in the future people won't have to justify their will to live! Wanting to live will always be the norm in our society, and the desire to commit suicide an exception!"
Fear of the old people's home
Whichever side of the euthanasia debate you're on, one thing is deadly clear. The current situation in Germany is good for no-one, except Kusch, who is making €8,000 per dead granny. And what exactly does that money get you? It seems like a steep price for a few drugs. Dahl says he was surprised to learn that Kusch was charging a fee. "I don't really know what Dr. Kusch is charging €8,000 for. I do find it a bit hard to understand. The whole reason we want to allow assisted suicides here is to spare people the cost and trouble of going to Switzerland. At the moment the trip to Switzerland costs around €6,000. That's why we want the doctors to change their rules - so that poorer people can have some autonomy at the end of their lives."
Roger Kusch is certainly a dodgy figure. It's not even certain that the pensioners he's been helping to die would have been allowed to kill themselves legally in Oregon or Switzerland. Although Kusch says that he was absolutely convinced of Bettina Schardt's determination to die, the truth is she was not terminally ill and did not suffer from constant pain.
Instead, she lived under a terrible fear - of a retirement home, which in Germany has a truly horrible reputation: "I will never enter a Seniorenheim," announced Bettina S. resolutely in her video-recorded suicide statement.
According to the Federal Statistics Office 9,402 people in Germany committed suicide last year. Of these, 3,993 were over 60 years old. Suicide numbers in Germany are going down - but amongst older people they are rising. "The situation for old people in Germany is not good enough," says one caregiver, who wished to remain anonymous. "Old people can't grow old with any dignity in homes like ours - instead they are left alone all day, to lie in their own excrement, open wounds, hungry, thirsty - no wonder most people say they would rather die than end up in a home."
In the meantime, until the rules in Germany are finally tightened up - or loosened - how many more grannies will be ending their days at the hands of Roger Kusch? Meanwhile, the Hamburg police say they are investigating the case of Inge Iassov's death - but not, at this point, as murder.
Please read complete article at link below:
http://www.thelocal.de/society/20081111-15457.html
Editor's note: This shark believes that Herr Doctor of Law Kusch would fit in perfectly into the scheme of fraud perpetrated by the Probate Court of Cook County. Court ordered death conducted by a lawyer. Instead, the nursing home brutes pulled her teeth, drugged her and she died in agony soon afterword. Lucius Verenus, Schoolmaster, ProbateSharks.com
China Might Force Visits to Mom and Dad
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
China Might Force Visits to Mom and Dad
By SHARON LaFRANIERE
Published: January 29, 2011
BEIJING — On the eve of the Lunar New Year festival, when Chinese flood train stations, bus terminals and airports to reunite with loved ones, one Chinese ministry is proposing that the government mandate closer families.
Jianan Yu/Reuters
A traveler carried her baby in Hefei. The Lunar New Year travel rush began Jan. 19.
Under a proposal submitted last Monday by the Civil Affairs Ministry to China’s State Council, adult children would be required by law to regularly visit their elderly parents. If they do not, parents can sue them.
“Before, the courts did not accept this kind of lawsuit,” Wu Ming, a deputy inspector for the ministry, told The Legal Evening News this month. “But from now on, they will have to open up a case.”
Please read complete article at link below:
http://www.nytimes.com/2011/01/30/world/asia/30beijing.html?_r=1
Editor's note: Your ProbateShark believes the Chinese legal system is diametrically opposed to the law as dictated by the Probate Court of Cook County. The Chinese propose not only to encourage the adult children visitation of elder parents, but to mandate that visitation. On the other hand, the Probate Court of Cook County mandates the restriction of visitation of elder parents in order to control loving relatives and make it easier to fleece elders' estates. Who is correct? This shark votes Chinese. Lucius Verenus, Schoolmaster, ProbateSharks.com
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
China Might Force Visits to Mom and Dad
By SHARON LaFRANIERE
Published: January 29, 2011
BEIJING — On the eve of the Lunar New Year festival, when Chinese flood train stations, bus terminals and airports to reunite with loved ones, one Chinese ministry is proposing that the government mandate closer families.
Jianan Yu/Reuters
A traveler carried her baby in Hefei. The Lunar New Year travel rush began Jan. 19.
Under a proposal submitted last Monday by the Civil Affairs Ministry to China’s State Council, adult children would be required by law to regularly visit their elderly parents. If they do not, parents can sue them.
“Before, the courts did not accept this kind of lawsuit,” Wu Ming, a deputy inspector for the ministry, told The Legal Evening News this month. “But from now on, they will have to open up a case.”
Please read complete article at link below:
http://www.nytimes.com/2011/01/30/world/asia/30beijing.html?_r=1
Editor's note: Your ProbateShark believes the Chinese legal system is diametrically opposed to the law as dictated by the Probate Court of Cook County. The Chinese propose not only to encourage the adult children visitation of elder parents, but to mandate that visitation. On the other hand, the Probate Court of Cook County mandates the restriction of visitation of elder parents in order to control loving relatives and make it easier to fleece elders' estates. Who is correct? This shark votes Chinese. Lucius Verenus, Schoolmaster, ProbateSharks.com
Thursday, September 15, 2011
Gary Harvey Divorces Sara Harvey by Virtue of the County?
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Gary Harvey Divorces Sara Harvey by Virtue of the County?
By Carrie K. Hutchens on September 9th, 2011
Photo credit; Jeff Belmonte
Wedding vows once went something like this:
Bride: I, (name), take you, (name), for my lawful husband, to have and to hold, from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, until death do us part.
However, it doesn’t seem as though those wedding vows have any meaning anymore. Well, not in the Gary and Sara Harvey case anyway. No, in Chemung County, New York, it would seem the vows have become:
“You, Sara, don’t get to take Gary anywhere and neither shall you have him or hold him from this day forward, whether it is for better or worse. We’ll take him for richer and you can pay the insurance to keep him from being poorer, in sickness and infection, until death does he part from us and gets written off the books.”
Who are these people that think so little of their ward, Gary Harvey, and his bride, Sara? Who are these people who toy with the lives of others and think they, the controllers, are so “enlightened” and “righteous?” Have they forgotten that they are supposed to be making decisions, not as they themselves might make for self, but rather, as Gary would want the decisions made?
It can only be one way or the other — forgotten or don’t care. I’m betting on the latter from all that I have witnessed throughout the past few years. I’m not impressed. Neither should anyone else be.
Gary and Sara Harvey were married and took their vows quite seriously. How dare anyone step in and suggest the person Gary was, the decisions he made and the vows he took were of nothingness and count no longer. How dare anyone suggest that his wishes don’t count because he can’t communicate them at present? That’s what his guardian or power of attorney is supposed to do in his behalf, isn’t it? Maybe if we shout it loud enough, their memories will be refreshed and the latter will remember they are supposed to be Gary’s voice, if they are going to take the position they have, until he can take his life back over.
Sara, Gary’s bride, took Gary out into the fresh air and beauty of the day. (She did have permission.) The guardian(s) shut Gary up in a room and restrict visitation.
Sara, Gary’s bride, fought (and continues to fight) to save Gary’s life. The guardian(s) took part in a so-called ethics committee decision to petition the court to allow him be starved and dehydrated to death?
Sara, Gary’s bride fought to get the defective trachea apparatus replaced. (The apparatus was not for breathing.) The guardian(s) did nothing and neither did the medical staff it seems, until she forced the issue?
Sara, Gary’s bride, wanted/wants Gary to have physical therapy and to be up in his chair. The guardian(s) and staff seem to prefer getting DNR’s and keeping the door shut?
(What if something were to happen behind those closed doors? Oh, never mind. If he chokes — stand by and watch or come back later? DNR enforced?)
Sara, Gary’s bride, wants a second opinion. The guardian(s) and their play pals are fighting the effort. Why? Aren’t they supposed to be looking out for their ward’s best interest and doing everything possible to ensure he gets the best possible care and every chance to get better? Aren’t they supposed to see that Gary gets the medical care he would want, the same medical care the insurance pays for others with like medical issues.
No?
Oh. I guess I was mistaken about the purpose of the guardian(s), pals, healthcare personnel and quite a few of the other system peoples. I didn’t know the guardians now force or give out divorces, or same as.
I didn’t know the guardian(s), pals and the rest of the gang are free to impose THEIR wishes and desires on others who happen to fall within their clutches.
I know now and I don’t like what I found out. I don’t like this cruel and out-of-control power grab that dismisses vows and commitments between two people simply because they can.
I don’t like this cruel and out-of-control power grab that allows true and complete facts to be replaced by half-truths and innuendos that paint a picture untrue.
Let’s for a moment, decide that Sara is unfit to be the guardian of her husband. What is the worst she could do? Fulfill the DNR that the system — not she put on him? And just why would she fight so hard for him to then do their bidding or to prove that Gary was better off in their heartless little hands?
People need to think.
They need to think because who knows who will be next to fall into the hands of guardians that aren’t acting for the ward as the ward would act for self. They need to think because who knows who will be next to have their wedding vows and whole married life dismissed as nothing and irrelevant as though the commitment “until death do us part” was only some words thrown in to make it sound good in front of the person officiating and crowd at hand that day.
Everyone, but especially those who love their spouses, family and friends, needs to take Sara & Gary Harvey’s plight quite seriously. Don’t think it couldn’t happen to you. Think instead… how will you feel when it does?
Rescue Gary Harvey
Carrie Hutchens is a former law enforcement officer and a freelance writer who is active in fighting against the death culture movement and the injustices within the judicial and law enforcement systems
Please read complete article at link below:
http://www.dakotavoice.com/2011/09/gary-harvey-divorces-sara-harvey-by-virtue-of-the-county/
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Gary Harvey Divorces Sara Harvey by Virtue of the County?
By Carrie K. Hutchens on September 9th, 2011
Photo credit; Jeff Belmonte
Wedding vows once went something like this:
Bride: I, (name), take you, (name), for my lawful husband, to have and to hold, from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, until death do us part.
However, it doesn’t seem as though those wedding vows have any meaning anymore. Well, not in the Gary and Sara Harvey case anyway. No, in Chemung County, New York, it would seem the vows have become:
“You, Sara, don’t get to take Gary anywhere and neither shall you have him or hold him from this day forward, whether it is for better or worse. We’ll take him for richer and you can pay the insurance to keep him from being poorer, in sickness and infection, until death does he part from us and gets written off the books.”
Who are these people that think so little of their ward, Gary Harvey, and his bride, Sara? Who are these people who toy with the lives of others and think they, the controllers, are so “enlightened” and “righteous?” Have they forgotten that they are supposed to be making decisions, not as they themselves might make for self, but rather, as Gary would want the decisions made?
It can only be one way or the other — forgotten or don’t care. I’m betting on the latter from all that I have witnessed throughout the past few years. I’m not impressed. Neither should anyone else be.
Gary and Sara Harvey were married and took their vows quite seriously. How dare anyone step in and suggest the person Gary was, the decisions he made and the vows he took were of nothingness and count no longer. How dare anyone suggest that his wishes don’t count because he can’t communicate them at present? That’s what his guardian or power of attorney is supposed to do in his behalf, isn’t it? Maybe if we shout it loud enough, their memories will be refreshed and the latter will remember they are supposed to be Gary’s voice, if they are going to take the position they have, until he can take his life back over.
Sara, Gary’s bride, took Gary out into the fresh air and beauty of the day. (She did have permission.) The guardian(s) shut Gary up in a room and restrict visitation.
Sara, Gary’s bride, fought (and continues to fight) to save Gary’s life. The guardian(s) took part in a so-called ethics committee decision to petition the court to allow him be starved and dehydrated to death?
Sara, Gary’s bride fought to get the defective trachea apparatus replaced. (The apparatus was not for breathing.) The guardian(s) did nothing and neither did the medical staff it seems, until she forced the issue?
Sara, Gary’s bride, wanted/wants Gary to have physical therapy and to be up in his chair. The guardian(s) and staff seem to prefer getting DNR’s and keeping the door shut?
(What if something were to happen behind those closed doors? Oh, never mind. If he chokes — stand by and watch or come back later? DNR enforced?)
Sara, Gary’s bride, wants a second opinion. The guardian(s) and their play pals are fighting the effort. Why? Aren’t they supposed to be looking out for their ward’s best interest and doing everything possible to ensure he gets the best possible care and every chance to get better? Aren’t they supposed to see that Gary gets the medical care he would want, the same medical care the insurance pays for others with like medical issues.
No?
Oh. I guess I was mistaken about the purpose of the guardian(s), pals, healthcare personnel and quite a few of the other system peoples. I didn’t know the guardians now force or give out divorces, or same as.
I didn’t know the guardian(s), pals and the rest of the gang are free to impose THEIR wishes and desires on others who happen to fall within their clutches.
I know now and I don’t like what I found out. I don’t like this cruel and out-of-control power grab that dismisses vows and commitments between two people simply because they can.
I don’t like this cruel and out-of-control power grab that allows true and complete facts to be replaced by half-truths and innuendos that paint a picture untrue.
Let’s for a moment, decide that Sara is unfit to be the guardian of her husband. What is the worst she could do? Fulfill the DNR that the system — not she put on him? And just why would she fight so hard for him to then do their bidding or to prove that Gary was better off in their heartless little hands?
People need to think.
They need to think because who knows who will be next to fall into the hands of guardians that aren’t acting for the ward as the ward would act for self. They need to think because who knows who will be next to have their wedding vows and whole married life dismissed as nothing and irrelevant as though the commitment “until death do us part” was only some words thrown in to make it sound good in front of the person officiating and crowd at hand that day.
Everyone, but especially those who love their spouses, family and friends, needs to take Sara & Gary Harvey’s plight quite seriously. Don’t think it couldn’t happen to you. Think instead… how will you feel when it does?
Rescue Gary Harvey
Carrie Hutchens is a former law enforcement officer and a freelance writer who is active in fighting against the death culture movement and the injustices within the judicial and law enforcement systems
Please read complete article at link below:
http://www.dakotavoice.com/2011/09/gary-harvey-divorces-sara-harvey-by-virtue-of-the-county/
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