Illinois has more than just fiscal problems

Date:   April 17, 2015

To:   Governor of the State of Illinois

Cc:    Wall Street Journal,   Chicago Tribune, Chicago Sun-Times

           United States Attorney General and Law enforcement

 

The State of Illinois at one time was the lynch pin of America.    It was the railroad hub of the Nation, and a focal point for business and industry.     Today, it is known to be one of most corrupt places in America and the most poorly run State in the Union.     In your election campaign you yourself made this point and you so many of the citizens of the State voted for you that you were elected our governor.

 

Illinois’ problems are not limited to its fiscal disaster.     The corruption issue is driving business and industry out of our State and robbing the State of its future.     Our courts are a National joke!     Illinois has been a key site for the so called “class action” lawyers who extort millions of dollars from industry on dubious claims.     A few years ago a score of Judges went to jail in the “operation Greylord” scandal.    Many more resigned to avoid charges.    Two Supreme Court of Illinois judges had to resign because of corruption[1].     Indeed, it is open joke in the 2^nd oldest profession that we have the best jurists that money can buy.

 

When the judicial climate in a state is akin to a cesspool it is no wonder that the fiscal climate is not far removed.     Unfortunately, a cancer has to be treated not by firing a single rifle bullet at the tumor, but, in a manner that will make an impression on the miscreants while not destroying the entire organism.      Thus, no matter how large the band aid that you are able to place on Illinois’ pension crisis, its budget crisis, it capital crisis etc., Illinois has to address the fact that we have a crisis in confidence that is promulgated by the corruption in Illinois judicial system.     The Illinois Supreme Court created the Attorney Registration and Disciplinary Commission to protect the public from corrupt lawyers and judges.     Jerome Larkin is its administrator.       As hereinafter reported,  Larkin has either aided and abetted or acted in concert with corrupt elements of the judiciary to defile and undermine any credibility that the Court system may enjoy.[2]

 

Corruption, even that which is engrained into the fabric, can be addressed by honest public officials who have courage and most important integrity.       Candidly such individuals have not been readily available; however, the Illinois electorate believes by electing you as our governor that you can and will ally yourself with such persons.     

 

As a starting point, Illinois citizens must feel safe and confident that they can trust their leaders.     The Illinois Constitution of 1970 was just one of the attempts to cure the corruption scenario.      In 1970 (prior to the Blue Ballot) Illinois judges were frustrating the populace not only with their hunger for collateral compensation not reported on the w2 form, but, by a helpless feeling that the nameless faceless bureaucrat had them by the ‘short hairs’ and their only remedy was to grin and bear or flee.      Article 1 Section 12 of the Illinois Constitution reflects this frustration, to wit:

 

Every person shall find a certain remedy in the laws for all injuries and wrongs which he receives to his person, privacy, property or reputation. He shall obtain justice by law, freely, completely, and promptly.
Illinois Const., Art. I, § 12

 

A corrupt system relies on “fear” “censorship” and “intimidation.”         Part of the syndrome of corruption is proactive litigation that is wired from beginning to end.     735 ILCS 110/5 addresses the intimidation litigation that would allow honest dissent and/or honest claims to be defeated by the crush of litigation costs.

 

§ 735 ILCS 110/5. Public policy

·         Sec. 5.  Public policy. Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois that the constitutional rights of citizens and organizations to be involved and participate freely in the process of government must be encouraged and safeguarded with great diligence. The information, reports, opinions, claims, arguments, and other expressions provided by citizens are vital to effective law enforcement, the operation of government, the making of public policy and decisions, and the continuation of representative democracy. The laws, courts, and other agencies of this State must provide the utmost protection for the free exercise of these rights of petition, speech, association, and government participation.

735 ILCS 110/5

 

It should be noted that the Illinois legislature passes laws that meet or exceed expectations of the public on a regular basis.       Just about every problem is addressed with appropriate words and phrases that give great comfort to the voting blocs that are concerned with the particular parochial problem.      Unfortunately, the solution to the problem is implementation.       Having a law on the books that is systematically ignored is not only a waste, but, a frustration.      This situation is so common place in Illinois that many of us do see much sense in participation in government.   The recent mayoral run-off had about 30% of the electorate voting!    

 

Let us talk specifics.    The Devil is in the details.    I propose looking at one of the many cases that appear in the files of the Probate Division of the various Circuit Courts.   The case of In re: Mary Sykes 09 P 4585 (Circuit Court of Cook County) is a poster board case.

 

 In 2009 an Elderly grandmother caught her older daughter stealing from her.     Some unpleasantness occurred and the grandmother made application to the Circuit Court of Cook County for a protective order.  [3]   The daughter, wise in the ways of Cook County, hired a “lawyer” with the appropriate clout.     The petition for a protective order was shunted to the Probate Division and consolidated with a totally spurious petition for guardianship[4].     The criterion for guardianship is:

 

Guardianship shall be utilized only as is necessary to promote the well-being of the disabled person, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual's actual mental, physical and adaptive limitations.
755 ILCS 5/11a-3

                There were no attempts made to comply with the jurisdictional requirements of the guardianship act.      A search of the record in the Mary Sykes 09 P 4585 reveals that the Summons required by the act was never served on Mary.   There was no prior 14 day notice of hearing on Mary’s competency ever held and in point of fact no hearing was every held.     No attempt was made to ascertain what if any actual mental, physical or adaptive limitations Mary might have had.    A corrupt jurist rubber stamped an order handed to her by equally corrupt guardians and their attorney.   Even the venue was not in accordance with the Statute.     What is most telling is the fact that to avoid providing the appropriate notice Mary was removed from Cook County and was isolated in Naperville, Illinois.    The Sheriff who made a search of his records and could not find any return of summons on Mary.  Such is normally jurisdictional.    To make certain that Mary was not informed of the attempt to guardianize her the de facto guardian directed the Sheriff to serve Mary in Cook County when the defacto guardian appointed by the Circuit Court had actual knowledge that Mary was being held by the older daughter in DuPage County[5].

 

Once a fraudulent guardianship was created and safely vested under the control of a cadre of miscreant lawyers and their co-operative corrupt jurist Mary was systematically separated from her property and liberty.    Her safety deposit box was raided and over a million dollars in gold coins removed.  (And never inventoried).    Her valuables found their way out of her possession and her prior life disappeared.  (See Gloria Sykes affidavit).     Family members, friends and others who objected were systematically dealt with.    Mary’s younger daughter was actually chained to a chair and required to disclose where she had hidden her (the daughter’s) assets which consisted of an insurance settlement.

 

All attempts to induce law enforcement to protect Mary Sykes were thwarted by the agreement of the two guardian ad litem, the guardian, corrupt jurists, corrupt political figures and miscellaneous miscreants.[6]     Mr. Jerome Larkin and his band of **** at the Illinois Attorney Registration and Disciplinary Commission lead the battle to silence any lawyer who had the audacity to demand an Investigation of this or any similar case[7].      They could care less about Illinois and Federal Statutory protections – they are above the law and their Gulag is safe.      I was not the only attorney who was threatened with IARDC proceedings for questioning the spurious proceedings that were being promulgated against Mary Sykes sans jurisdiction.     Most of the lawyers faded into the woodwork and were gone.     I am of a different generation of lawyer.       Gloria Sykes went through almost a dozen lawyers until she tried to fight for her mother’s life pro se.     She has been totally unsuccessful.     Like just about every victim or family member of a victim no one is interested in listening to her.     For my inquiry into the Mary Sykes case, I was suspended for four years, and proceedings are pending to suspend JoAnne Denison for 3 years.

 

I am not asking you, Governor Rauner, to intervene or in any way interfere with my four year suspension.     I am not writing to you concerning me or the Mary Sykes case.     The issue here is not any particular case, but the climate that is so cancerous.       Why would a sane person want to live in a State that is so lawless that a senior citizen or a disabled person is subjected to (at the whim of politically connected criminals) loss of liberty, property, humanity, dignity and all other rights of American citizenship.

 

The last sentence may seem harsh or over broad, but, it is not!     The Alice Gore case is another of the umpteen “elder cleansing” cases that pollute the Illinois courts.     Alice Gore’s situation was infamous in that her 1.5 million dollar estate was ravaged by some infamous individuals who for the purposes of this memorandum remain anonymous.    These miscreants noted that Ms. Gore had gold filings in her mouth.    They then had 29 teeth pulled and they harvested the gold!       Of course they never inventoried their loot and when Mrs. Gore died they lost interest in her and never notified the family of her death.   

 

Unfortunately, the scenario that I reported to has been repeated over and over again.     The one unifying fact is that when the “body” of an elderly or disabled person has reaped for the miscreants the greatest pecuniary gain the elderly person is quietly put to death.     (A few escape.    John Wyman’s mother escaped because he violated the law grabbed her fled the State so that she could escape.    His mother after being extricated from captivity produced a number of valuable paintings and artistic pieces.

 

Why should I reside in Illinois?    Why should I do business in Illinois?     Why should I have any contacts with the State of Illinois?       In your campaign for governor you posed the questions.      The answer is that there is not one good reason to reside, do business in, or have contacts with a State that allows a Mary Sykes or Alice Gore case to occur.     Such outrages as the ‘elder cleansing scenario’  can happen to me or to one of my loved ones.    Article 1 Section 12 of the Illinois Constitution is a myth!      The families of the victims of elder abuse, elder exploitation, elder isolation, and elder cleansings[8] have no remedy.      How can there be a remedy when the Justice System is corrupt and law enforcement observing the principle of benign neglect.

 

The outrage does not end in the corruption in the Probate court.       It goes much deeper.      We have police, law enforcement, and administrators with the power to reign in ultra vires actions of lawyers, judges, political figures, and others who claim to be servants of the people  - they do nothing.      Where were they in the Sykes case and/or the Gore case?      Illinois has an Income tax.    Everyone knows that the breach of a fiduciary duty is a taxable event under both the State of Illinois and the US tax codes.     The Illinois Department of Revenue appears to have turned its head and not a penny of the aggregate several million dollars of stolen money in the Sykes has been taxed.      The IDR is not interested.    Indeed, everyone knows that those actors who engage in a conspiracy have joint and several liability and therefore Larkin and the attorneys who actively aid and abet the elder cleansing also enjoy liability for the taxes.     (Conspirators who act together all enjoy the same liability).

 

The Illinois Attorney Registration and Disciplinary Commission, the Illinois Supreme Court, and Mr. Larkin are on the front lines!      They are shoulder to shoulder with the criminals who were abusing, isolating, exploiting and elder cleansing senior citizens such as Sykes and Gore.      Indeed, Mr. Larkin, the administrator of the IARDC, was/is so upset by the call for an HONEST  investigation that he brought highly unusual and bizarre disciplinary proceedings[9] not only against the undersigned but attorney JoAnne Denison who pursuant to 47 USCA 230 authored a blog in an effort to silence and intimidate us and the sundry lawyers of the Illinois Bar.       The actions of Mr. Larkin and those who act in concert with him at abhorred by 18 USCA 4, 18 USCA 242, 18 USCA 1341, 18 USCA 371.      The legislature has made in very clear that:

 

(a-7)  A person making a report under this Act in the belief that it is in the alleged victim's best interest shall be immune from criminal or civil liability or professional disciplinary action on account of making the report, notwithstanding any requirements concerning the confidentiality of information with respect to such eligible adult which might otherwise be applicable.
320 ILCS 20/4

 

The Bill of Rights and in particular the First Amendmentmean nothing to the ‘elder cleansers’ as they prey on the elderly and the disabled so why should a State immunity grant be given any credibility!      Larkin – assuming that having the title “Lawyer” has some knowledge of the law, he is aware of 18 USCA 2 and 18 USCA 3 are read in connection with 18 USCA 4.    18 USCA 4 requires:

 

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
18 USCS § 4

 

As a lawyer, Larkin in his Administrative capacity is aware that pursuant to 42 USCA 12203, his actions violate the anti-intimidation mandate that Congress enacted to prevent exactly the actions that Larkin those who he acts in concert with are doing.   See 18 USCA 242.      Larkin is aware that the Americans With Disabilities Act requires that  a reasonable accommodation be made for the elderly and the disabled, and he certain is aware that the railroading an individual into an guardianship wherein he/she is abused, isolated and exploited (elder cleansed) is not a reasonable accommodation.      He certainly is aware of the limitations of the Guardianship act codified in 755 ILCS 5/11a – 3.      Why is he still the Administrator of the IARDC?     Why does this type of terrorism continue to haunt the elderly, the disabled and their families?      It exists because the prior administration of the State of Illinois either could not or would not enforce our laws!

 

 

Indeed, as all citizens are supposed to know the law, I submit to you that many citizens of Illinois and the United States of America are influenced by the lawlessness that is being fostered in this State.   Corruption has been estimated to be $3008 per capita in Illinois.      It is much easier to march on Springfield to demand more laws than to demand that the existing laws be enforced and public officials who shirk their responsibilities and oaths be held accountable.     

 

Why would I locate my business in Illinois if I had an opportunity to live and work in any of the State of the Union?      Looking only at the Elder cleansing scenario that is fostered, aided and abetted and nurtured by Jerome Larkin and some corrupt jurists and lawyers I cannot logically feel safe herein North Korea Illinois.       This corruption is costing the State of Illinois billions of dollars!        

 

Think of the predicament that citizen of Illinois has when Jerome Larkin and his ilk are assaulting the First Amendment and the Bill of Rights.      If I hire a lawyer, I have to hire one who is corrupt, connected or both.       If my lawyer speaks out and says the wrong thing – like demanding an HONEST investigation – he will be disciplined.     Thus, I am assured that unless this changes Indiana, Michigan, Wisconsin, Iowa et al are much more attractive places to live, work, and locate my business.    If I have a dispute with my neighbor, I would obtain an adjudication on a level playing field.

 

I and the citizens of the State of Illinois urge you, as you attempt to turn Illinois around, to consider directing law enforcement including the Illinois State Police to enforce the law not only by issuing traffic tickets on the toll way, but by arresting criminals who are kidnapping the elderly and the infirm for profit.    It is very clear from the file in 09 P 4585 that Mary Sykes was spirited from her home in Cook County, isolated abused and exploited by white collar criminals who misused the justice system for their own benefit.     The Nuremberg trials of Nazi war criminals give stark precedent to the fact that harvesting the gold from the mouths of the elderly is not accepted behavior for even such august individuals as guardian ad litem, guardians, judges, Jerome Larkin etc condone the same.    Illinois will never be ‘great’ again until the law means the very same thing to the lowly flotsam who have to work for their daily bread and the elite who enjoy political favors.

 

I and other members of the public respectfully suggest and urge you to enforce the law of the State of [10]Illinois to protect the elderly and the disabled from ravages and exploitation by corrupt judicial officials, their appointees and political operatives such as Jerome Larkin.    

---

[1] We have so many governors going to jail that civics student have difficulty remembering the names of the governors who did not go from the State house to the Big house.    It is common place to read that such and such public executive has defrauded the State, the County, or the City of millions of dollars.   Currently the President of the Board of Education of the City of Chicago is under Federal Investigation for a specie of fraud.

[2] This is a harsh statement, but, I submit that his current conduct in the JoAnne Denison case is so reprehensible as to utterly destroy any confidence in the judicial system in Illinois.   He is committing a naked assault on the First Amendment and the core values of America – and no one seems to care.     He even unilaterally barred a hero of the Civil Rights movement from a public hearing!

[3] This Petition was never heard.    Any attempt to call it up for hearing was thwarted.   The powers that be, without jurisdiction or even token compliance with the protections of 755 ILCS 5/11a – 1 et seq.  decreed that Mary Sykes was to be isolated from her prior life, her humanity and liberty rights forfeit and her life savings and other assets redistributed to the more deserving judicial appointees and their associates.      The guardian as an example suddenly exhibited the tokens of wealth when immediately prior to her appointment was begging for handouts from Mary. 

[4] Mary Sykes has been depicted in videos that were posted on MaryGSykes blog.    Therein it is demonstrated that she was perfectly competent in that she knew the objects of her bounty, the extent and nature of her property and was able to formulate a plan.     Indeed, had any hearing actually been scheduled and held as to Mary’s competency it would have been quite clear that it could not be proven by clear and convincing evidence that Mary was incompetent.   She knew exactly how much was stolen by the daughter petitioning to be guardian, she did her own banking, and knew who her family was.      It was interesting to note that even though 755 ILCS 5/11a – 10 requires the service of 14 days prior notice on immediate (close or nearest) family members the Petitioner (older daughter) did not disclose that Mary had two siblings alive.    In other words the miscreant petitioner for guardian either was not candid with the Court or she did not know the names of her two aunts.

[5] The Court has held that the 14 days prior notice is jurisdictional.     This ‘dirty little secret’ is difficult to avoid if the file in the Mary Sykes case is examined.    However, by the mix of a little frugality with the truth, a little obfuscation, and an outright lie of two the jurisdictional aspect has been avoided.    The miscreant lawyers and jurist have focused on a proceeding to develop a care plan as an alternative to a hearing to determine competency.     A scheduled hearing on the petition for an order of protection substituted for such due process requirements as notice.    The agreement between the two guardian ad litem of the attorney for the petitioner took the place of testimony and the rubber stamp of a jurist made the entire proceeding kosher.      

[6] Law enforcement historically is not interested in the cases that compose the War on the Elderly and the Disabled.    The corrupt jurists have great power and are assured that Jerome Larkin and the IARDC will aid and abet the Elder Cleansing to the death!     There is no percentage in fighting ‘city hall’ especially when the proceedings are wired from beginning to end.

[7] After a number of aggrieved individuals wrote the Illinois Attorney Registration and Disciplinary Commission to complaint that the railroading of Mary Sykes into a guardianship was a terrible thing and there was only a negative response from the IARDC, in April 2010 I was engaged to investigate the situation by a number of neighbors, friends and family of Mary Sykes.     When the two guardian ad litem got wind of my engagement they tried to first intimidate me by telephone threats and when I was not intimidated they filed a Rule 137 motion against me.     To my surprise, without jurisdiction over me – as I had up to this point no contact with the probate proceeding in case 09 P 4585 – the corrupt jurist found me guilty.    It took a year and I was finally fined $4500.00.   I appealed and the appellate court found no jurisdiction.     Such brought the IARDC into the picture.   Guardian Ad Litem Cynthia Farenga wrote to the Commission that I joined by JoAnne Denison had demanded an Honest investigation.   She demanded and obtained a disciplinary proceeding against both myself and Ms. Denison.   

[8] Elder Cleansing is the First cousin of Racial and Ethnic cleansing.     Elder Cleansing is the act of railroading a senior citizen into a guardianship so that they can be isolated from family and prior life and then without interference from caring family, friends and neighbors the senior can be stripped of his/her humanity, assets, life savings, liberty and other property.      

[9] In my proceedings an IARDC attorney shocked the gallery by asking me if I was repentant for writing a letter to the Attorney General of the United States requesting an investigation of these elder cleansing cases that were going on in the Probate court.     I told him that as long as the Stars and Stripes waved, I intended to continue my fight against the assaults on the Bill of Rights.      Attorney Denison exercised his First Amendment Rights by publishing my essays on her blog, and worse yet making available to the public material such as transcripts of proceedings in the Sykes case and others.    Neither Ms. Denison nor myself have attorned to the code of silence that Mr. Larkin and his cohorts have arbitrarily imposed on the legal community.

 

The bizarre nature of the Denison proceedings is 1) the fact that such an obvious assault on the First Amendment has been made, 2) that the proceeding parallels a disciplinary proceeding against Attorney Lanre Amu that appears to many as having a racial nexus, and 3) that Larkin’s minions excluded from her argument before an appellate panel Ms. Diane Nash.    Ms. Nash was the only person excluded.     Ms. Nash is a hero of the Civil Rights movement and one of the organizers of the Selma March.   (NB.   Her name and likeness are portrayed in the move “Selma!”)

[10] If Larkin and his ilk are innocent, why do they oppose an HONEST investigation, and in particular, why have they not joined in the call for such an investigation.     It should be noted that in the Mary Sykes case it was reported that Mary Sykes’ home (which was valued at approximately $700,000) was sold to a nominee of one of the attorneys for approximately $200,000.      We reported pursuant to 18 USCA 4 to the Attorney General of the United States so that the miscreants cannot claim capital gains when they resell the dwelling for $700,000 through a series of mesne sales.

 

Ken Ditkowsky

www.ditkowskylawoffice.com