Finally! News you can use for seniors!

The EARN Project

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” However, first, we must turn our attention to the suffering that must be our principle concern and that is American life, American suffering, American senior citizens suffering and dying at the hands of other Americans – some of them in black robes.”

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The Silver Standard

From the Directors desk

Elder abuse, and involuntary guardianship, can happen to anyone irrespective of financial position. Social Security checks are a prime target of abusers, Trusts and large estates can be an irresistible temptation to some victim’s children, lawyers, bankers, financial advisors, new best friends and caregivers and, all too often, the professional guardianship institutions, the nursing homes they are “friendly” with and sometimes judges who are in on it. Greed comes in all shapes and colors – and yes, even wearing black robes.

The system is set up in a way that presents temptations so great that even some otherwise good people will do bad things.

Guardians are named by the court and then run roughshod through their ward’s life and estate while judges do not hold them accountable.

Guardians go to court and lie to get control of a person and the judge ignores the statements and requests of the family, does not interview the proposed ward, makes no attempt whatsoever to evaluate the situation and the claims of the guardian.

As in a case with which we are familiar, lawyers –  representing professional guardians –  and judges are friends. In this particular case, there are pictures of this, particularly of the two, over and over again, trying to dodge the photographer as they leave a local bar where they frequently lunch together.  Can you guess why that lawyer has never lost a case in front of that judge?

In April, a former NY judge agreed to resign from the bench as he pleaded guilty to federal charges of money laundering and tax crimes and a NY State charge of second-degree grand larceny. All of this could send him to prison for 10 years on the state charges and 20 years on the federal charges. 

He, a lawyer, and a financial adviser, had been engaged as estate planners for the trusts of a prominent NY couple. The husband died in 2009 and the wife in 2011 after which, the judge has admitted, he and his associate collaborated on stealing approximately $11.8 million from the trust they had been engaged to manage.

The judge will be sentenced for the state charges in August and on the federal charges in October.

CALIFORNIA

Berkeley, CA police SPENT more than two years investigating a Superior court judge who had served as a court commissioner for the County Superior Court from 2004 to 2009 and as a referee pro tem for the county’s juvenile court from 1991 to 2004.

Court documents state that the judge befriended an elderly woman after her husband had fallen in their home. The trust existing in that friendship resulted in the judge having access to the couple’s private documents resulting in his discovery of $1 million in stock certificates and uncashed dividend checks in their home. One month after this discovery, he obtained power of attorney for the couple. Then, after the husband died, he arranged the sale of two Santa Cruz properties which the couple owned followed by a 4-year period where he assumed control of nearly all of the now widowed woman’s financial affairs, putting his name on her financial accounts, worth more than $2.2 million.

He was charged with 32 total counts, all felonies except for two counts of unauthorized disclosure of information, which is a misdemeanor. Had he been convicted of the 32 charges he would have faced a considerable time of incarceration. However, the District Attorney agreed to dismiss most of the charges in return for his no contest plea to two felonies: one count each of elder abuse and perjury.

Though put on leave after his arrest, the judge continued to receive his judicial salary until he was obliged to resign from his employment on the bench. He was barred from judicial office and from practicing law in California. He, most conveniently, paid the $299,436.00, which he called a loan, right after police called him asking questions about the elderly woman’s finances and an additional $5,649.00 before his sentencing.

HOWEVER – it would appear that having friends in high places is not a bad idea if you are going to do anything this heinous – he was only sentenced to five years of probation.

The DA and ADA said, “Justice is served through the resolution of this case” that he “will never serve in a position of trust or authority again as a result of these convictions.”  “He did commit a criminal act, and he has been held accountable for it.”  Do you think John Q. Public would get such thoughtful treatment for committing such a dastardly deed?

The judge/criminal’s lawyer said that he “appreciates that the sentence took into account the many good works he has accomplished in his life. Isn’t that nice!

A former Nashville General Sessions judge, in jail awaiting trial on five counts of obstruction of justice related to the embezzlement of many thousands of dollars from the County Drug Court Foundation over which he presided, was then further charged with additional charges of obstruction and theft on five additional counts: two counts related to theft from a program that received federal funds, two for obstruction of justice related to witness tampering and destroying documents and one count of committing an offense on pretrial release.

U.S. Attorney’s Office for the Middle District of Tennessee charged that in February 2017, upon becoming aware that he was being investigated by the FBI, the judge attempted to “obstruct and interfere with the investigation” by giving instructions to the Drug Court Foundation’s director to destroy documents which would provide information on the exact amount of money that had been stolen and, at the same time, he also attempted to tamper with a witness by suggesting that she lie to the grand jury investigating his conduct.

He will continue to receive his taxpayer-funded pension but, upon conviction of the crime of malfeasance, would lose his retirement benefits.

He will be detained in jail until his trial in June.

This whole problem of elder abuse and guardianship needs to be cleaned up from top to bottom. People go through an entire lifetime, paying taxes, and playing by the rules only to be terrorized and abused by the court system they have been supporting.

WEST VIRGINIA

A federal grand jury has indicted a Supreme Court Justice who, not long ago, wrote a book about political corruption in West Virginia

The charges ranging from fraud to making false statements and witness tampering. He lied to government investigators and falsely accusing others of malfeasance and engaging in other fraudulent conduct.

 

When it comes to the problem of elder abuse and guardianship the entire system legal system needs to be cleaned up from top to bottom—laws covering elder abuse, courts hearing cases, investigating of elder abuse complaints and oversight of Guardianship, . People go through an entire lifetime, paying taxes, and playing by the rules, only to be terrorized and abused at the end of their lives by the court system they have been supporting.

In the last few weeks our politicians and news outlets have been consumed by the talk of suffering, caused by our government, on our borders. We are Americans – to create human suffering is against everything we believe in – we have a tradition of trying to alleviate human suffering. Many of our young have fought, far from our own borders, risked their lives and lost their lives, in an effort to alleviate human suffering.  This discussion is worth having.  However, first, we must turn our attention to the suffering that must be our principle concern and that is American life, American suffering, American senior citizens suffering and dying at the hands of other Americans – some of them in black robes.

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