Judge sucking cash from woman with dementia’s estate: suit

Judge sucking cash from woman with dementia’s estate: suit (NY)

June 11, 2015

A Hamptons judge once censured by the state took advantage of a wealthy, legally blind, dementia-stricken Manhattan woman just so he could suck legal fees out of her estate, according to a lawsuit.
So many strangers had been worming their way into 85-year-old Frances Coles’ life in the years before she died, her daughter Diana Coles went to court in 2012 to gain control of her mother’s affairs.
The octogenarian had roughly $20 million in assets, including an Upper East Side apartment, part ownership of an office building in Boston, a waterfront Long Island estate, art, stocks, bonds and mutual funds.
While she was living out her golden years in a Suffolk County nursing home, Frances Coles’ “overwhelming weaknesses were apparent to anyone who came in contact with her,” her daughter claims.
The Coles matriarch “fell prey to myriad of opportunists who inserted themselves into her life in attempts to access and/or control her overt wealth,” her daughter says in a Manhattan Supreme Court lawsuit against one of the alleged “opportunists.”
Lawyer Robert A. Kelly Jr., who has been a village justice in Westhampton Beach since 1996, had been hired by Frances Coles to help plan her affairs but didn’t do the job properly, failing to plan for any estate taxes, Diana claims.
“An attorney who practices in estate planning certainly would know that lessening the estate-tax burden is one of the central tasks entrusted to him/her,” the family charges.
Despite a lack of expertise, Kelly allegedly named himself co-executor of Frances Coles’ estate, obtained her power of attorney and put himself in charge of a trust that benefits her grandson, all at a time when she suffered “severe mental and physical impairments,” Diana Coles charges.
Frances Coles eventually fired Kelly, but he filed a will on the woman’s behalf anyway, just weeks before a judge declared her mentally incompetent, her daughter claims.
Kelly’s power of attorney was eventually revoked, his authority over the trust was removed and he was ordered to return documents related to Frances’ estate but never did, Diana charges.
Kelly refused to comment.
Additional reporting by Taylor K. Vecsey
Attribution:
Judge sucking cash from woman with dementia’s estate: suit
Kathianne Boniello
May 24, 2015
New York Post
http://nypost.com/2015/05/24/judge-sucking-cash-from-woman-with-dementias-estate-suit/

Mom accused of scamming daughter out of $48K trust fund

Mom accused of scamming daughter out of $48K trust fund (NY)

February 24, 2015

A city welfare worker scammed her own daughter out of a $48,000 trust fund left by her late father, who was tragically shot to death during a robbery in Florida in 2006, according to a new lawsuit.
“I want what’s mine,” fumed Vanessa Nieves, 21.
She learned late last year that her mother, Gloria Torres, allegedly tricked her into signing over the insurance money that she was supposed to receive at 18.
Nieves told Justice Rita Mella in Manhattan Surrogate’s Court on Friday that her mother presented her with documents in 2011. Torres convinced her daughter that the paperwork would simply freeze the account until she was 21, Nieves said.
Nieves agreed to sign the papers because she wanted to save the funds to pay for her education.
The Mercy College psych major told the judge, “I was under the impression that I was not closing the account, but extending it.”
Then in December, when she went to withdraw the funds from Chase Bank, she was told by a clerk that her mother had deposited the funds into her own account and closed her daughter’s account, according to a court statement by Nieves’ aunt Chassity Gonzalez.
Torres, who makes $35,000 a year as an eligibility specialist for the Human Resources Administration, was a no-show at court. “I refuse to give you any information,” Torres told The Post when contacted by telephone. The judge issued an order that Torres file paperwork within 30 days explaining what happened to her daughter’s money.
Attribution:
Mom accused of scamming daughter out of $48K trust fund
Julia Marsh
January 31, 2015
New York Post
http://nypost.com/2015/01/31/mom-accused-of-scamming-daughter-out-of-48k-trust-fund/

Heirs of Duke Ellington estate seek 50 percent compensation of late-jazz composer’s foreign sales, sources say

Heirs of Duke Ellington estate seek 50 percent compensation of late-jazz composer’s foreign sales, sources say (NY)

October 3, 2014

The highest court in the New York area (where’s Monty Python when you need it?) is gearing up to hear arguments posted by heirs to jazz legend Duke Ellington in a recent lawsuit with EMI. The suit is to regain half the royalties of Ellingtons foreign sales, which EMI has claimed authenticity to.
The suit comes from an earlier 2010 case. It alleges breach of the 1961 standard songwriter royalty contract the late jazz composer signed with Mills Music, according to Billboard.
Mills Music is the predecessor of EMI. And the contract calls for an even split in revenue, and the Ellington estate is ensuring they reclaim their property.
Heirs say that EMI should quit deducting 50 percent on commission to foreign publishers.
However, a judge dismissed the suit saying that the law only held ground to existing Mills affiliates.
A shame for the estate, similar strife was found with the Robert Johnson estate, whose heirs were finally able to reclaim rights over the two iconic images of the late-blues guitarist.
The Court of Appeals is expected to present a ruling next month.
One can only hope the right estate is given to the proper heirs. But until then, here’s Ellington to keep you calm.

Attribution:
Heirs of Duke Ellington Estate Seek 50 Percent Compensation of Late-Jazz Composer’s Foreign Sales, Sources Say
Ian Holubiak
September 12, 2014
ClassicalLite.com
http://www.classicalite.com/articles/11370/20140912/heirs-of-duke-ellington-estate-seek-50-compensation-of-late-jazz-composers-foreign-sales-sources-say.htm

Bernie Madoff’s son, Andrew, left one-third of his $16 million estate to his estranged wife and $50,000-a-month to fiancée

Bernie Madoff’s son, Andrew, left one-third of his $16 million estate to his estranged wife and $50,000-a-month to fiancée (NY)

September 29, 2014

Bernie Madoff’s son Andrew died with a $16 million estate he’s sharing with his wife and his girlfriend, court papers show.
Papers filed in Manhattan Surrogate’s Court show Andrew Madoff owned an estimated $11 million in “personal property” and $4.5 million in real estate when he died of blood cancer last week.
In his will, which was made public Thursday, the master scammer’s scion left one third of his property to his wife, Deborah West — and $50,000 a month to the woman he’s described as his fiancée, Catherine Hooper.
“I request my executor to pay to Catherine Hooper, so long as she is living, the sum of $50,000 on the first day of each month, commencing 30 days after the admission of this will to probate, for her support until the administration of my estate is completed,” says the will, which was dated July 8.
After the estate is completed, she’ll be paid from a trust which will have an undisclosed sum of money in it.
Also getting trusts are his two children, who were left all of their father’s personal property.
The will reveals that despite his relationship with Hooper, he was still married to West, who filed for divorce from him on the same day Bernard Madoff was arrested for running a multi-billion dollar scam that was the largest Ponzi scheme in history.
The divorce case was withdrawn in February, records show.
Madoff, 48, died of mantle cell lymphoma last week after a long battle with the disease.
He’d beaten back cancer before, but told People Magazine last year that the stress and shame he dealt with after his father’s arrest had caused the lymphoma to resurface.
“One way to think of this is the scandal and everything that happened killed my brother very quickly,” he said, referring to his brother Mark, who committed suicide in 2010, “and it’s killing me slowly.”
He told the magazine he’d made amends with his mother, Ruth, who both he and Mark had stopped talking to because of her support of their father, but that he would never settle things with his dad.
“Even on my deathbed I will never forgive him for what he did,” Andrew said. “He’s already dead to me.”
Both brothers had worked in a legitimate arm of Madoff’s business, and they were the ones who turned their father in after he came clean about his decades long con.
In July, the trustee for Madoff’s victims filed a $153 million suit against Andrew and Mark’s estate, charging they “knew, saw, and were simply too intelligent to plausibly feign ignorance about the fraud that was occurring.”
Madoff, 76, is serving a 150 year sentence for securities fraud.
The executor of Andrew’s estate, his longtime lawyer Martin Flumenbaum, did not return a call for comment.
Attribution:
Bernie Madoff’s son, Andrew, left one-third of his $16 million estate to his estranged wife and $50,000-a-month to fiancée
Andrew Madoff, 48, also left behind all his personal property to his children, according to the will filed Thursday in Manhattan Surrogate’s Court.
Dareh Gregorian
September 11, 2014
New York Daily News
http://www.nydailynews.com/new-york/bernie-madoff-son-andrew-leaves-money-estrange-wife-fiancee-article-1.1936636

Kathie Cash reaches tentative settlement of lawsuit against Lee County and Probate Judge John Wheaton

Kathie Cash reaches tentative settlement of lawsuit against Lee County and Probate Judge John Wheaton (NY)

September 24, 2014

LEESBURG — An apparent settlement has been reached in the wrongful termination suit brought by former Lee County Associate Probate Judge Kathie Cash against the county and Probate Court Judge John Wheaton, according to an email between county officials.

In a lawsuit filed in Lee County Superior Court in July of 2013, Cash claimed that she was wrongfully dismissed by Wheaton after she alleged his granddaughter, Amanda Battzell, who is employed as a court clerk in the probate judge’s office, was turning in inflated time sheets. Cash claims her firing was in retaliation for reporting the issue.

According to an email from county attorney Jimmy Skipper to county manager Ron Rabun, the parties have agreed to a tentative $150,000 settlement in regard to Cash’s dismissal in early February of last year.

In the July 8 email to Rabun, Skipper wrote, “The purpose of this message is to advise you that I have been advised that the case went to mediation yesterday and was settled for $150,000 to be paid to the Plaintiff (Cash). The settlement will be paid by the county’s insurance carrier, less any applicable deductible. According to the attorney hired by the County’s insurance carrier to defend the case, the settlement was actually less than what he was afraid it might be (or what a jury might award) given so many of the facts were brought out in the case and through discovery were not helpful to Judge Wheaton’s position.

“Under the County’s insurance policy, the County’s insurance carrier can settle these types of cases without approval of the BOC (Board of Commissioners) since the carrier is paying the settlement and the cost of the litigation on behalf of the County …”

Rabun then forwarded Skipper’s email to all four county commissioners and chairman Rick Muggridge.

“Board – hiring relatives is bad business,” Rabun wrote in the forwarded message. “Nepotism policies exist for a reason!”

Muggridge was pointed in his reply.

“I am trying to think of reasons this case should not be publicized,” Muggridge wrote. “Based on a brief conversation with Skipper the BOC has no authority over the constitutional Officers in regard to hiring or administrating their offices. Currently at least three offices within the County have relatives under the direct supervision of their parent or grandparent. This is wrong. If the BOC has no authority then surely the public does (have authority) and deserves to know the truth.

“Regardless of Judge John Wheaton’s exemplary service in the past, if the conduct enumerated in this lawsuit are true and it seems objective parties (including the defending attorney) found reason to believe they are, these acts deserve accountability.”

While Lee County does have a nepotism policy on the books, constitutional officers (probate judge, sheriff, clerk of court and tax commissioner) are not bound by the county policy. They are free to hire and fire at will.

There was some confusion as to if the settlement has actually been agreed to by both parties. Neither Cash attorney Harlan Miller nor the insurance firm’s attorney, Raleigh Rollins, could be reached for confirmation. Skipper said the delay might be due to the paper work not yet reaching the county clerk’s office.

Regardless, the parties have a calender call set for Sept. 25 before Lee Superior Court Judge George Peagler.

Attribution:
Kathie Cash reaches tentative settlement of lawsuit against Lee County and Probate Judge John Wheaton
Cash alleged she was wrongfully terminated by Wheaton who was protecting his granddaughter
Terry Lewis
September 8, 2014
AlbanyHerald.com
http://www.albanyherald.com/news/2014/sep/08/kathie-cash-reaches-tentative-settlement-of/

Mom charged in girl’s death could get trust fund

Mom charged in girl’s death could get trust fund (NY)

September 16, 2014

WHITE PLAINS, N.Y. (AP) — A special education teacher accused of killing her severely disabled 8-year-old daughter by withholding food and medical care could inherit nearly $1 million from the girl’s trust fund — even if she’s convicted.
Nicole Diggs and her husband have pleaded not guilty to charges of negligent homicide and child endangerment in the 2012 death of Alayah Savarese, who was the beneficiary of a trust fund created from the settlement of a malpractice suit that stemmed from complications during her birth.
The indictment doesn’t allege that the trust fund was a motive, but Diggs’ attorney says prosecutors are nevertheless implying that her client “somehow disposed of her daughter in order to obtain the money.” She wants any mention of the trust fund barred from trial and says her client didn’t neglect Alayah.
Prosecutors in Westchester County say Alayah “was not provided required daily food,” did not receive necessary medical treatment, was often left unattended and was frequently kept home from school, depriving her of physical and occupational therapy.
Authorities say Alayah suffered lacerations, bruises and welts from the neglect. According to court papers, Diggs and her husband, Oscar Thomas — who isn’t Alayah’s father — also “failed to maintain the child’s hygiene which caused her to have smelly and dirty hair and clothing, a foul odor about her body and bleeding gums.”
On the day Alayah died in a Yonkers apartment, she was left in the care of one of Thomas’ friends, who wasn’t equipped to deal with her medical issues, court papers allege.
If convicted, the 32-year-old Diggs wouldn’t be automatically disqualified from inheriting her daughter’s fortune because she isn’t charged with intending to kill the girl. Many states have so-called slayer statutes to prevent profiting from a crime, but New York courts have generally held that without intent, a homicide doesn’t disqualify someone from inheriting from a victim, said St. John’s Law School professor Margaret Turano, a trust and estate expert.
John Riordan, an attorney and former Surrogate’s Court Judge in Nassau County, said, “If it’s unintentional, then the person can still inherit. … But the facts of this case are very unsettling, and under the circumstances, it doesn’t seem correct that that would happen.”
Any challenges to Diggs’ inheritance would be heard in a separate court, Westchester County Surrogate’s Court, where a bank has been named administrator of the girl’s estate.
Alayah’s biological father, Anthony Savarese, who lived elsewhere in Yonkers when Alayah died and isn’t charged, is in line to get half the trust fund. His lawyer declined to say whether his client would challenge Diggs’ inheritance.
A report on Alayah’s death from the state Office of Children and Family Services chronicles a long list of complaints — some of which were determined to be unfounded — and several visits from caseworkers.
The complaints include that Alayah was so dirty the school staff took it on themselves to wash her, and after one shampoo, “the water was black from the dirt.”
Caseworkers reported that although Diggs received some Medicaid assistance, she passed up opportunities to get more help.
The local and state offices of OCFS declined to comment on how social services handled the case.
Court papers indicate some of the settlement money was used to buy a $35,000 van to transport Alayah and to make modifications for her at a home in Dutchess County that Diggs and Thomas were planning to buy.
The state report substantiated various allegations against Diggs and Thomas, including inadequate guardianship and lack of medical care. But it concluded there was “no causal connection” between those allegations and Alayah’s death.
The medical examiner attributed Alayah’s death to her cerebral palsy and seizure condition.
Diggs’ lawyer has filed motions seeking dismissal of the indictment. The prosecution’s reply to that motion and other issues is expected this week. Diggs faces a maximum sentence of four years in prison.
A lawyer for Thomas, 29, wouldn’t comment on the case.
During Alayah’s birth in 2004, the umbilical cord was severed, and she was deprived of oxygen, said Diggs’ lawyer, Arlene Popkin. The complication left her with cerebral palsy, seizures and a lack of limb control, and as she grew, Alayah could not walk, talk or feed herself, Popkin said in court papers.
According to defense papers, Diggs resisted suggestions to institutionalize the girl and raised her with the help of relatives while she graduated from Cornell University, got a master’s degree and was hired to teach special education students at a public school in the Bronx.
Thomas was the stay-at-home caretaker, Popkin said.
Diggs still works for New York City’s public schools, but she has been transferred to administrative duties and isn’t allowed contact with students.
She isn’t permitted to use Alayah’s trust fund for her defense, so her lawyer is being paid by taxpayers.
Attribution:
Mom charged in girl’s death could get trust fund
Associated Press
September 1, 2014
Monroe News
http://www.monroenews.com/news/2014/sep/01/mom-charged-girls-death-could-get-trust-fund/

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Investigators say judge lied

Updated: Tuesday, July 8 2014, 08:35 PM EDT
Waterloo, NY- Acting Waterloo Village Justice Roger Barto was indicted Monday, almost one year after he claimed to be attacked by two people when he was leaving court.
Barto faces charges ranging from Grand Larceny to Defrauding the Government, among other charges.
Investigators say there’s no evidence to back up his claim that he was attacked and knocked out with a toilet seat back in August of 2013.
Some in the Village of Waterloo were skeptical about the Judge’s story back in 2013.
“Waterloo is pretty tame,” said Linda Ochs, a Waterloo resident. “If you were assaulted with something like that you would have definitely had some kind of head injury or would have had to seek emergency help.”
After his arraignment Monday, Judge Barto was processed at the Waterloo Police Department and released.
“I think they should replace him with someone immediately,” Ochs said, referring to the fact that Barto is still a judge. “How can you trust or believe what he has to say?”
Seneca County District Attorney Barry Porsch said Barto was released because he is not a flight risk, and has not been convicted.
“It’s normal for someone who has just been arraigned on an indictment,” Barto said. “He’s still a judge, and in New York State, only a court of appeals can remove a judge.”

The charges brought against Judge Barto resulted from a ten-month investigation conducted by law enforcement.
In the indictment, Barto is also accused of stealing gasoline from the Village of Waterloo, as well as falsifying business records.
13WHAM News tried to reach Barto to comment on this story, but was unable to do so.