Senate approved a bill for federal oversight of guardianship and accountability for guardians who exploit, the DOJ cannot ignore us anymore

Senate approved a bill for federal oversight of guardianship and accountability for guardians who exploit, the DOJ cannot ignore us anymore

 

 

Editor's note: This Shark questions whether the new bill will negate the crooks running the Probate Court of Cook County?  If the FEDs wish the names of these criminals, many are listed on Shark blog's "wanted list" or the case histories of Sykes, Gore, Tyler, or Wyman. Lucius Verenus, Schoolmaster, ProbateSharks.com

kenneth ditkowsky	5:53 AM (5 minutes ago)
to Cynthia, Candice, HAR, ProSe, Rana, Eliot, Sam, Gary, Zena, Mary, Robert, Janet, Andy, JoAnne, Jeffrey, Angela, me, Bev, Glenda, Douglas, Scott, Diane, Ditkowsky, Richard, Ginny

The information that Attorney Schwager has forwarded in her e-mail is profound.

 

The Senate has struck a blow against the glib apologists for corruption as usual.    

I hope and pray that we are able to handle the reality that is now on the horizon.   Attorney Schwager is absolutely correct that the DOJ can no longer ignore the cries of the Elderly for equal justice and courts that follow the law.    Indeed, the glib assaults on the State and Federal constitution by certain corrupt judges, and in particular the promulgators of the massive cover-up of elder cleansing is in its final days.

I hope that we do not seize defeat from the jaws of victory!    Over the years reformers and dogooders of all shapes and sizes have been very successful in defeating themselves.   This battle is too important to lose and therefore until we see an public officials (such as Jerome Larkin) who aggressively managed cover-ups to protect the miscreants ravaging the elderly such as Mary Sykes, Alice Gore, Carol Wyman, ***** being criminally prosecuted for the 18 USCA 371 activities we are still at square one.

America cannot turn the other cheek when infamy is the rule in the Probate Division of our Courts and an elderly person can be deprived of every human right by a corrupt judge's signature on an order that is dead wrong.    On page 91 of her evidence deposition, Judge Maureen Connors, the presiding Judge in the Sykes case admitted that she was fixed as her decision was predetermined!    The court file revealed that the required summons was never served on Mary - indeed, the Sheriff was directed by the miscreant applicant for plenary guardian to serve Mary in a county that not only did she not live, but where the two guardians ad litem ( Two GALs) and the 'wired' Judge was aware Mary did not reside.  (she knew because Guardian Cynthia Farenga wrote her a note telling her that fact, and this corrupt Judge appointed GAL Adam Stern to interview Mary in the foreign county.

To use a terrible pun  - the elder cleansing miscreants have been TRUMPED!   

  

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From: kenneth ditkowsky <kenditkowsky@yahoo.com>

Sent: Thursday, January 26, 2017 7:26 PM
Subject: Re: Senate approved a bill for federal oversight of guardianship and accountability for guardians who exploit, the DOJ cannot ignore us anymore

Thank you for supplying this information.    It is long over-due.

Now is the time for Law Enforcement to follow through and bring some of the miscreants who have abused the elderly and the disabled under color of statute to Justice.   The scandal of a billion dollars being stolen from the medicare program, hundreds of millions from hospice programs, pharmaceutical reimbursement programs etc is outrageous and a stain on our democracy.   The cover-up by lawyer disciplinary commissions and in particular the Jerome Larkin criminal conspiracy in Illinois is beyond contempt and the open and notorious labeling of a blog that exposed unconscionable lawyer and judge misconduct (see In re: Sykes 09 P 4585) as akin to "yelling fire in a crowded theater" the nadir of human conduct and respect for Constitutional government.    How an individual such as Jerome Larkin can continue in an office that requires public trust is beyond rational explanation.   

 

Judge Maureen Connors, the presiding Judge in the Mary Sykes proceeding on page 91 of her evidence deposition admitted that she was wired/fixed.   The record in the Sykes case bears this out, yet, Connors was elevated to the Appellate Court of Illinois and approximately three million dollars that allegedly disappeared from the Sykes estable not recovered.   Indeed, Jerome Larkin has literally moved heaven and earth to prevent an HONEST INVESTIGATION.    Why ha she been successful?    Why has the Illinois Department of Revenue no collected the Income taxes generated by conspiracy (joint and several liablity) from public servants who violated the public trust - such as Larkin, the Court appointed Guardians ad Litem etc.

The outrage does not begin or end with the Sykes case as the family of Carolyn Wyman, Alice Gore **** are all entitled to not ony Justice, but a full and complete investigation as to how such perfidy could exist in Illinois (or any State for that matter) and how it could go uninvestigated and unpunished.    Please remember that Alice Gore endured having 29 teeth removed so that a Court appointed guardian ad litem could orchestrate a search of her mouth for Gold.

TIME FOR AN HONEST INVESTIGATION, AND HONEST AND DILIGENT ENFORCEMENT OF THE LAW IS NOW!

Ken Ditkowsky

www.ditkowskylawoffice.com

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From:

Sent: Thursday, January 26, 2017 6:11 PM
Subject: Re: Senate approved a bill for federal oversight of guardianship and accountability for guardians who exploit, the DOJ cannot ignore us anymore

Thank you Candice.  cc'ing Athena, Janice, Rana, Ken D., and Eliot Bernstein,  Dr. Sugar, Dr. Gary Solomon, Zena and Mary B.

On Thu, Jan 26, 2017 at 6:22 PM, Candice Schwager <candiceschwager@icloud.com> wrote:

As goes Texas so goes the Nation. The time has come for our government to redress our constitutional violations whether it opens the flood gates or not. States have refused to protect their coffers from having to pay money damages but that time is over because congress and state legislatures’ backs are to the wall and the cries have become to loud to ignore.  Most of this is federal but it’s coming to your state if not already there. Mark my word. 

We need to call the Secretary of State and see if Judges in probate courts’ oath was on file with SOS at the time she did all of these things because if not, her acts were void or ultra vires and she’s subject to personal liability.  have a woman who Tim Lahrman worked with through two ADA suits in the 7th Circuit for the death of her mother in guardianship and theft of trusts. Her name is Gloria Sykes and Tim and Gloria learned all of the traps in federal court to throw it out by trial and error. She called and said major tweaks to our lawsuit will make our lawsuit bulletproof and we will win. She said the advocates leading the charge nationally are counting on us to win because there’s no precedent nationally establishing that a ward is protected by the same protections applicable to those who have capacity. We need the wisdom you all have acquires fighting this ward. 

Notably, I read in the probate and estates codes in our State, stating now that the ward and guardianship estate are deemed a RES, such that the logical extrapolation is they aren’t protected because they aren’t a person, which is nonsense. By acknowledging that they have rights in statutes that were enacted long ago and new ones too they are showing that they existed all along. I just got this email from Rick Black, who is collecting affidavits across the nation to give to Texas Senator John Cornyn to get this ACT passed. I am betting it defines a ward as a person subject to the protections we are. 

Disability is a protected class under federal law for which strict scrutiny is applied to treat them differently than other citizens. Nothing passes that test aside from race, national origin, gender, and DISABILITY. The problem is disability is considered somewhat less stringent that incapacity. Incapacity is a less onerous burden than incompetent and when courts couldn’t usually win on incompetency, they snuck in the term incapacity into the codes. If you look at both codes, all of us are subject to being deemed incapacitated if the judge is motivated to get rid of us. It says incapacitated means mentally, physically disabled Substantially incapable of performing ADL’s and as you know, crooked bought out experts in a small pool rubber stamp reports without performing the battery of tests the Alzheimer’s association deems necessary for such a finding. It’s also a jury question which is never given because they use Ad litem to duress people into signing away their parents’ freedom which they have no constitutional right to do. 

With a presumption of capacity, they shouldn’t be prevented from hiring their own lawyer to actually represent them zealously as the Bar requires even if it’s not in the statutes. It’s implied. Without zealous representation by a lawyer who accommodates their disability and allows them to attend court and participate, they are denied meaningful access to justice and the courts before they are routinely and arbitrarily robbed of liberty and property without due process of law.. These judges took an oath of office which makes their acts illegal and treason. That violates federal criminal law 18 USC 241, 242 and Tex. Human Resources code 48.001, 102.003, Texas Admin. Code (will get the section), Government code, Texas Health and Safety Code chapter 166.155 or 155.166, the Elder Justice Act, Older Americans Act, 14th Amendment, Texas Constitution on property and liberty, US Constitution. 42 USC 1983 and 12101 (ADA). New regulations have been issued by the Congress 12/2016 which are much more stringent than when enacted in 1990 and 2008, made necessary by federal courts including SCT watering the ADA down and not taking the law seriously. 2008 initially did it and 2016 again because the same problem happened again. 

This makes federal and state cases on the ADA somewhat doubtful unless they meet the appropriate standard. Disability is defined in the ADA, 504 and other federal law so that they cannot claim the ADA isn’t covered. Federal and State officials are bound by it or it would be worthless because every branch of federal govt. have been given increasing levels of immunity borrowed from England, which we moved here to escape. They borrowed common law which has been supplanted by federal. The supremacy clause is violated by any law purporting to provide less protection especially where the congress has stated state law is pre-empted by federal law and where Congress expressly abrogated immnity. . as in the ADA. The government is only made liable for violations by actors of the government because it cannot act without a person doing it. Color of state law implies that there’s no legal authority to do it. Judges cannot avoid upholding the Constitution and laws of the State or Federal government by doing nothing because their oath includes performing the duties. 

Texas eliminated the question of whether judges can be held liable by enacting a bond or requiring a cash deposit with the commissioners to protect wards against injury or loss. The entire code was expressly for the protection of a ward and if they cannot get redress for injuries of the government and court system designed to protect them, the US constitutional guarantee that you have a remedy is violated. Caperton vs. Massey is attached and says it all. They cease to represent the government when they act unconstitutionally and commit treason. 

The legislature is considering a bill which eliminates the requirement of a bond by the judge which also covers the guardians wrongful acts because the code mandates they review the bonds for the person and estate each year and make sure they are adequate and if not, increase them. They are liable for the grossly negligent acts of guardians and GALs. AAL’s have no immunity for crimes and bonds/insurance don’t cover intentional torts, making them personally liable. If the government has a pattern and practice, the actions of them all make the government responsible. Then there’s the question of negligent hiring. Not ensuring MEANINGFUL ACCESS to justice by ensuring they understand their rights and get to participate fully. Without a hearing and jury, they are denied any due process and with incompetent lawyers who advocate against their rights, they are denied access to the courts and justice entirely, violating the 5th and 14th Amendments. 

Every person has a right to the personal integrity of their own body which only they have the right to decide. Only wards can revoke medical POAs and wards can reject medical treatment that’s unwanted which they are denied by allowing a guardian to force meds on them unless they are a danger to themselves or others. They are still mandated to have due process within 72 hours or be released. Otherwise it’s. A tort. Wrongful death doesn’t require the standing of other deprivations like mandating the guardian be the only person with the right to sue. Rule 17c says if the guardian has a conflict of interest, the judge can appoint a separate GAL and AAL to protect them. Ginger was appointed Ditta immediately before we knew what was even going on. Notice wasn’t given and even where they are appointed on an emergency basis, a hearing is still requires afterwards where people with superior rights to appointment are to be immediately appointed and the guardian removed without proving anything except qualification and standing. 

Cruelty and gross negligence of the guardian is not a requirement to remove the guardian as Butts deceived us into believing and ruled by written order. This is a requirement where the appointment didn’t occur as Ginger’s did. There has to be a hearing for a ward even if they are already in guardianship because findings must be made and none were made in this case because Butts did it outside of an official court hearing without a record being made. No findings of law or fact were ever made, even informally. She admitted several times in the first hearing we were permitted to attend that she didn’t handle it appropriately and should have allowed us to participate fully. 

She had Fox notify and call every guardian in the cabal and Larry (who she knew had no standing) but said she didn’t have time to notify us. By notifying everyone in writing even by email as she did in Rik’s case and ours repeatedly instead of issuing a court order that can be appealed, thinking she trapped us from being able to move forward absent mandamus which we could not have won because of her discretion. So, I am calling the secretary of state and encourage you to do so too. It might be challenging to find out because they haven’t made it easy. A public records request to the officer of public information officer of Harris county would reveal it but they’ll delay by involving corrupt Ken Paxton who covered their crimes when I filed one after they rammed 1438 down our throats. Without a court ruling, I was deprived of a remedy. 

Void acts make the act without case without subject matter jurisdiction and that is never too old to sue them for even though they lie and deceive you. Most people and lawyers don’t have a clue about the rights the disabled have and they are prohibitively expensive after you have been robbed so people are desperate and lose. 

Begin forwarded message:

Subject: U.S. Senate Bill 178, the Elder Abuse and Exploitation Prevention and Prosecution Act

Date: January 26, 2017 at 2:26:58 PM CST

Resent-From: schwagerlawfirm@ live.com

National Elder Abuse and Fraudulent Guardianship Prevention Advocates,

 

I wanted to pass on information on Senate Bill 178 introduced by Senator Chuck Grassley on inauguration day, January 20, 2017.  Although the text has not been released this appears to be the reintroduction of Senate Bill 3270 from the 114^th Congress.  The introduction is consistent with Grassley’s 114-230 report building a budget for the bill.  Grassley estimates budgetary needs of $8-9 million a year to implement the program.  Based on the $10 billion a year in familial losses due to fraudulent guardianships being imposed on innocent Americans and their families this might be the best investment American taxpayers could make.

 

From the Congressional Record of 1/20/17

By Mr. GRASSLEY (for himself, Mr. BLUMENTHAL, Mr. TILLIS, Ms. KLOBUCHAR, Mr. CORNYN, Mr. LEAHY, Mr. BENNET, and Mrs. FEINSTEIN): S. 178. A bill to prevent elder abuse and exploitation and improve the justice system’s response to victims in elder abuse and exploitation cases; to the Committee on the Judiciary.