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The BAR Associations: Modern day grifters

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strip bannernew-logo25Marti Oakley

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This is no different than if bank robbers formed a union and then voted to give themselves immunity from prosecution, based on the idea that without immunity they might be afraid to rob any more banks.

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To [grift] is to obtain money or other assets through swindle or fraud. That10468201_687314554677465_9114756285200928886_n brief definition accurately describes what is practiced routinely by members of the BAR Associations across the country. And no where is it more prevalent than it is with regards to the insidious guardianship/conservatorship venues.

More money is stolen from the disabled, children and seniors ,conserved and/or guardianized, than can actually be calculated and much of that theft is going directly into the accounts of lawyers who use the probate and family courts as personal ATM machines.

Hiding behind self-protecting statutes and codes they themselves constructed through various state BAR Associations, and while our state legislators turned a blind eye, the trafficking of the disabled, children and seniors with assets, goes on unabated. All of it facilitated by specially constructed statutes that recognize no wrong doing by attorney’s or judges, much less by the professional vultures euphemistically called “guardians”. More

Florida Nursing Home Owner Shield: FL bill 670 a clear violation of federal statute

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new-logo25Marti Oakley

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The Florida House and Senate recently passed a clearly protectionist bill. Fl 670, meant to shield the owners, investors, managers and other employees and individuals from liability for their failure to protect, and to ensure the well-being and rights of home residents, is a clear violation of federal code regarding these same individuals.

Rick Scott, Florida governor and holder of the largest Medicare Fraud Scam on record, dutifully signed this bill into law knowing full well that the abuse, neglect and deprivation of individual rights of nursing home residents would explode as a result.

Scott, apparently not remotely concerned with what is an obvious conflict of interest, or, against the best interests of nursing home residents, signed FL 670 into law.  This despite his active construction of the largest Medicare scams in US history.

10308126_655703157817352_3150440186206186545_nMiami officials exposed the fraud in June of 2009. Five states were involved and several fake businesses were found operating with the intent to defraud Medicare and Medicare Advantage for non-existent drugs and treatments for cancer and HIV. Scott, and seven other defendants were identified in the scam.

Guess how much time any one of them served for this fraud and theft? If you guessed “0“, you would be correct. Instead of going to prison for grand larceny, theft by deception or any other relevant charge, they paid 1.7 billion in fines and settlement and got a “get out of jail for 1.7 billion” pass.  Of course, we can find no evidence that the fine was actually ever paid in part or full.  More

Florida’s most lucrative cottage industry: The Trafficking of Humans

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new-logo25Barbara Stone

 

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“Judges all over the country participate in this scam. The transfer of funds and real property is done under “color of law” through “court order” where a judge orders the isolation of the elderly from their loved ones and then allows falsified, fraudulent and extortive fees and expenses to guardians and their attorneys.” ___________________________________________________________________

Rampant abuse of and atrocities against the elderly, children and other vulnerable Americans is occurring all over America.

The arrest of family members in this situation is commonplace as they are desperate to remove their parents from corrupt guardians and unlawful courts

1470004_10200960591557963_1004750255_aThe abuse of the elderly by guardians is dependent on their ability to operate their enterprise in secrecy. They do this by filing fraudulent lies and slanderous allegations against family members to colluding judges to obtain unlawful orders under “color of law” that prohibit family members from seeing their elderly loved ones. By isolating vulnerable elderly people from their family members, the abuse and atrocities are done insidiously and without any eyes by the family on their abuse.

These guardians count on secrecy to deprive their “wards” of all services. They then divert the assets from the people whom they are entrusted to provide care to, to their own enterprise.  They sell their homes from under them, they loot and sell their possession, they engage in a feeding frenzy of their assets. More

Last Week To Address the Florida Springs and Aquifer Protection Act

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On Friday, the latest version of The Florida Springs and Aquifer Protection was posted at http://www.flsenate.gov along with an analysis of the bill.

The bill is scheduled to be heard by the entire Senate on Wednesday, April 30.

While much improved, the bill continues to put property owners in a very vulnerable position. Following is the CPR Bill Analysis:

The Florida Springs and Aquifer Protection Act

Analysis of CS/CS/CS/SB 1576

Introduction

The issue of protecting and preserving water in Florida must be addressed on two levels: water quantity and water quality. This bill addresses one of those issues: water quality.

The best vehicle for addresses the water quality issue is the Department of Environmental Protection’s Basin Management Action Plan (BMAP) process. It allows local stakeholders to address any and all potential pollution sources and remediate them in a site-specific manner. Only a lack of funding limits its speed and progress.

Problems with CS/CS/CS/SB 1576

After substantial, last minute changes in last Wednesday’s Senate Appropriations Committee, this bill still has the following problems which renders it ineffective in achieving springs and aquifer protection. More

5 Reasons to Defeat Nursing Home Bill

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 Health News Florida

Brian Lee of Families for Better Care

Brian Lee, executive director, Families for Better Care
The historic “compromise deal” between the nursing home industry and the trial bar now in Florida’s Legislature may soon become Florida’s most epic fail for elderly nursing home residents.  Here are five facts about the “sweetheart deal” that’s designed to rob residents of their rights: 

 

Fact #1—Culpable decision makers would be immunized from accountability in cases of resident abuse and neglect

For those residents who are harmed and seek a lawsuit, they would lose any and all ability to seek punitive damages against a corporate owner.  Immunity for culpable decision makers would be in all cases, regardless of the severity of the injury and almost regardless of the actions of the corporate shell investor.  Residents would also lose the ability to even sue the corporate owner that fundamentally makes the decisions on how a nursing home is run, how budgets are set and how much is skimmed off for profits.

Fact #2—Residents would be prohibited from accessing records
Nondisclosure of medical records will become commonplace under this compromise deal as the entire records section would be unenforceable.  If residents wish to examine their records and nursing homes refuse to furnish requested copies, then residents would be forced to hire an attorney to subpoena their records.  Since the vast majority of nursing home residents are Medicaid recipients who are unable to afford legal services, this bill disenfranchises them of their federally mandated right to inspect and request copies of records at anytime without hindrance.

Fact #3—Families expect Florida to keep staffing promise
The last time the Legislature gave the nursing home industry comprehensive tort reform (2001), Floridians got a strong staffing standard in return.  But in recent years, the Legislature has dropped those staffing requirements.  This downturn has negatively impacted resident care as 20 percent of Florida’s nursing homes now sit atop the state’s watch list for dangerous care.  Residents and families expect Florida to keep its staffing promise before considering any new tort reform.

#4—Investment capital is pouring into nursing homes
The nursing home’s bull market continued to rage through 2013 by stampeding market averages on its way to an unprecedented fourth consecutive year of strong growth.  Investment analysts raved about the booming market, saying:

  • “Skilled nursing stocks outperform … companies beat market averages in a bullish year.
  • “Senior housing sector … made it through the Great Recession in better shape, and with better returns, than any other real estate type.”
  • “Surging market and acquisition … a record year for number of publicly announced [transactions]. . . for the first time ever surpassed 200 announced transactions in a single year.”
  • “The breadth of the market is about as deep as we’ve seen it as the number of players does not appear to be shrinking.”

#5—Aon’s lawsuit study is flawed, not “independent”
For the second year in a row, Aon’s Long-Term Care General Liability and Professional Liability Actuarial Analysis is little more than a morass of self-reported nursing home data.

Aon used shrouded, unverifiable records supplied solely by the large nursing home chains in response to a data call (fewer than 10 percent of Florida’s facilities participated in the so-called study).  Aon willingly admits that data are “inherently uncertain” and have not been independently examined, which “could have a significant effect on the results of [Aon’s] review and analysis.”

Not surprisingly, Aon is a company that offers professional liability insurance for long-term care providers, making Aon part of the nursing home industry.

Protect elderly nursing home residents and their rights! Call your legislators and demand a “no” vote on (SB 670 and HB 569).

Brian Lee is executive director for Families for Better Care, based in Tallahassee.

 

 

Property Rights At Stake in the Florida Senate

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 The latest threat to property rights, not to mention just bad government policy, is
SB 1576 entitled, “An act relating to springs.”

It is scheduled to be heard in the Senate Committee on Environmental Protection and Conservation Thursday, March 20, at 8 AM. You can see the bill by going to

www.flsenate.gov and inserting the bill number in the search engine.

Many, if not most, Floridians recognize the need to protect water quantity and quality. And, that certainly means protecting Florida’s springs and aquifer. Politicians know this and some want to join the stampede to pass “something” to “protect” springs. But, don’t be fooled…SB 1576 will not do that. Here’s why

SB 1576 needlessly targets septic systems as a significant contributor to nitrogen pollution. More

Guardianship abuse: New laws coming to protect the predators

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painy

Join us Sunday evening, March 8th, 2014 at 7:00 pm CST! More

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