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Probate Courts: Criminal racketeering sanctioned by government

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Marti Oakley (c)copyright 2011 All Rights Reserved 

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“This system of theft will continue until the entire estate has been stolen leaving the victim penniless. At this point, Medicare and Medicaid are used as the cash cow to cover medical expenses and the inflated charges of nursing, the doctors’ visits and vast amounts of medications are charged off to these services costing these services millions each year in padded billing. “

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One of the worst pseudo courts in the US is the system of probate courts.  Across the board, in absolutely every state is a so-called court system that operates for profit at the expense of any individual or family unfortunate enough to have any assets.  By law, upon death of the estate holder, all assets are seized by the court for distribution.  Supposedly these courts are charged with making sure all assets are distributed in the manner the decedent supposedly wanted yet it is estimated that 80% of heirs never receive their inheritance or receive only small portions of what was originally left to them as a result of the criminal racketeering that occurs in these courts.

Between the probate judge who has a financial interest against the estate collecting on average 6-7% of the estate nationally,(this is aside from his annual salary paid by the state and is assessed against each and every probate case in their courts) and attorneys who will land on the estates like a swarm of vultures and who misuse the courts to access the assets of the decedent while filing vexatious motions, charges and suits then charging hyper-inflated fees for these actions against the estate, there is little chance heirs will receive anything at all.

Probate begins when a person dies. The decedent’s last will and testament and death certificate are filed through probate court which sets this system of organized crime into motion. The will outlines the decedents’ final wishes including funeral arrangements and distribution of assets.

So how do living persons end up having their estates stolen by predatory guardians, crooked attorneys, and corrupted judges?  After all, probate is premised upon the individual having died.

You are dead in the law! More

Protected: Washington State: The predatory guardianship of Dorothy Grega

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California Guardianship Abuse: A systemic violation of civil,economic and social human rights.

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Janet Phelan:  Contributing Author
Personal Account

Website:  JanetPhelan.com

“With a Judge issuing Restraining Orders for life saving efforts by a loving daughter, then depriving the restrained party to her legal right to a hearing, it was felt that Amalie would have a better chance with a jury than with this obviously corrupt judge.”

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All documents referred to in this letter can be obtained by contacting Ms. Phelan through her personal website.  It is interesting to note that the California Professional Fiduciary Bureau has refused to acknowledge receipt of Ms. Phelan’s documents.  Refusing receipt allows them to withhold a document locator number.  No Receipt, no locator number……plausible deniability.  Damn handy system they have in California!

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Amalie Phelan—RIP 080974

As a reporter, I have researched and written a number of articles detailing the unscrupulous “business practices” of conservator Melodie Z. Scott and her attorney, J. David Horspool. The articles, published in the San Bernardino County Sentinel and elsewhere, are available in the Sentinel’s archives and elsewhere on the web. This particular document shall constitute my own statement as to what transpired in the conservatorship of my mother, Dr. Amalie Phelan under the reins of Melodie Scott. While on the surface this appears to be a “civil” matter, it is anything but. As my research into her practices has indicated, Melodie Scott has been euthanizing her clients and stealing their money with the full sanction of the justice system, possibly for decades. Due to the complicity of all those assisting Scott (either by commission or omission)—Bar certified attorneys, judges, police, Adult Protective Services, the California Department of Justice and the FBI—this qualifies as a systemic violation of civil, economic and social human rights. 

Given the nature and scope of systemic complicity and the fact that cases of this nature cannot be presented to the U.S. Supreme court it is clear that there is no access to remedy or justice within U.S. domestic law. Melodie Scott does not act alone. We have a system in place which sanctions these crimes against the lives and property of U.S. citizens. I submit that my mother was systemically victimized to death. 

My mother, Dr. Amalie Phelan, first visited Attorney Horspool in the fall of 2001. My sister, Judith Phelan, had been residing with my widowed mother. After Dad died in 1997, my mother and I discovered that my sister Judith Phelan had begun stealing from the family estate, at one time valued at approximately $1 million dollars. In an effort to curtail the hemorrhaging of the estate by my sister, and reluctant to initiate criminal proceedings against her, my mother and I approached J. David Horspool, seeking a fiduciary to help handle the funds of my mother, who was in her eighties. Horspool requested payment of $5000 for his services in locating a fiduciary and was so paid.  More

The Loss of One Small Dairy Farm

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Judy Palmer c)copyright 2010 All rights Reserved

 If anyone reading this is an attorney or knows of one who might advocate for Guy, please contact me at   Ijudyann614@gmail.com won’t let Guy—or what he stands for–go down without a fight.  I’m hoping that the one right person, the one who might be in a position to help, feels the same way.

“Cultivators of the earth are the most valuable citizens. They are the most vigorous, the most independent, the most virtuous and they are tied to their country and wedded to its liberty and interests by the most lasting bands.”  –Thomas Jefferson, Letter to John Jay (Aug. 23, 1785)

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Our country was founded on agriculture.  With vast land to be settled and tamed, farming was originally seen as the most noble of professions.  These days, farmers and others who work with their hands and bodies often earn ridicule rather than respect.  Although their land is still coveted, their work is not.  Technology has replaced intuition, debt has replaced honor and security, and the scratch for money has replaced the love of work.  This is the story of former dairyman Guy Ekola and how he lost his dreams and his livelihood.

A farmer for over thirty years, Guy owns a small tract in west central Minnesota and had a dairy herd of about twenty cows.  His one goal always has been to leave the land he worked better than he found it, and he knew what he wanted at a very early age.  Guy was, and is, the embodiment of Wendell Berry’s idea…”What I stand for is what I stand on.” He farms with horses rather than tractors to more closely observe the nuances of the land and makes decisions based on nature rather than technology.  He’s never made much money, and yet, he and his family prospered in different, more profound ways, raising three children and more importantly, living a life of their own choosing.  Guy, one of the first members of a well-known organic dairy co-op, sold his milk to them for many years.  Like all businesses today, the co-op had to grow or die and has changed from a small, “family of farms” concept to larger economies of scale.  Guy was caught up in this and it is here that this story begins. More

Wisconsin:Too many “helpful” organizations have a vested interest in your continued tax-deductible donations and membership fees

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ppjg-48by: Sue Diederich                                                    Tell a Friend 

Copyright (C) 2009 All rights reserved

Excerpt from this article:

“Any organization that would tell you NOT to mobilize in as big a manner as possible, when the issue affects you personally (or will down the line) needs to be questioned as to where they recycled the Cracker-Jack box their credentials came out of. I don’t care if its your church, your allumni club, or a bunch of so-called do-gooders that take your money. If they dare to question the idea of having people stand up for what is right – they are straight from hell. You know it, so do they.”

 

dont-tread-100x75The Shyster Attorneys from Hell would have us all believe that a LACK of grass-roots support, a LACK of media attention, and a LACK of individual control over actions would save the day in Wisconsin. When (yes… Name ONE time…) has this EVER been successful???

When did “stay home and watch TV or play with the kids” EVER win a legal or legislative cause? Who will help those who will not help themselves?

Think… What was it that Erin Brockovich (sp) did that made her famous? She was a SECRETARY at a law firm. A former teen beauty, single Mom, broke, alone and basically uneducated. She couldn’t even get her job without tricking her way into the position.

She found out something was wrong. She was one person….

Her boss wouldn’t listen, so what did she do? Did she listen to him – the big high-powered attorney? NO!!! She went straight to the people affected. She went to the press. She created a COMMUNITY of people all centered around a single issue.

What happened??? TOGETHER, Erin, the people affected, and even eventually the press (which was against her from the start, just as it is with FRESH MILK and NAIS) WON. That’s right – the larger that community of grass-roots, everyday, normal, not extraordinary people won the case.

That is not going to happen against DATCP so long as we continue to avoid doing what Erin did. We CANNOT win this the way these so-called not-for-profits would have us believe.

Too many “helpful” organizations have a vested interest in your continued tax-deductible donations and membership fees. Too many people are making a fast (and HUGE) buck off of our hopes, dreams and our fears. Too many people set themselves up as “experts” – in law, in agriculture in networking, and don’t have a single qualification other that their own word – which most times isn’t worth a pee bucket with a hole in the bottom. More

Open Letter to Mitch McConnell….we’re not as dumb as you thought we were.

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Dear Senator McConnell:

Regarding your New Republican Agenda Survey……I have answered your questions here as I know they would be discarded if I sent them to the RNC, you, or anyone else trying to revive this dead elephant in the room.

These are my answers:

Continue the War OF Terror?

1.  If we are going to take the War OF Terror to the terrorists, capture their leaders and freeze their financial assets I believe it would be far more expeditious to start in Washington D.C..  We have an administration that lied us into war on false pretenses and we are now considered the biggest threat to world peace by almost every nation around the globe.  In addition, the millions, if not billions made by Bush & Co. on this war of aggression should be seized and held for the taxpayers of the United States and returned to them via another rebate. 

Disarm Iran and Korea?

2.  We are in no position to demand that any other country dismantle their weapons of any kind as we have proven in the last seven years in particular that we are not all the responsible ourselves. 

Continue the Wars? (and attack Iran??)

3.  Where were you and the Republican party when our troops were sent into Iraq without body armor?  Without weapons and proper equipment and training?  Oh…I forgot…..you were voting to send them over there.

The Patriot Acts

4.  You were one of those who never read the Patriot Act before voting on it.  Its obvious you still haven’t read it or The Security Enhancement Act (Patriot 2).  Neither act deals with terrorism, or even mentions terrorists unless there is a direct assault on liberty, civil rights or legal protections guaranteed in the Constitution.  I don’t believe any terrorist is living in fear of any laws that rob us of our freedom.

Illegal Wiretapping and Government Spying on US Citizens?

5.  Prior to the Pat Acts……the FBI had every legal right to wiretap when there was reasonable suspicion of criminal activity.  The laws that you have helped pass are not targeted to terrorists (expanded now in your survey to include terrorist sympathizers overseas).  These Acts do nothing but allow the unfettered spying on US citizens…ALL US citizens. How can overloading the system with billions of unnecessary eavesdropping and spying pieces of data, gleaned from domestic phone calls, emails, snail mail, net chats, any and all sources by people everyday, do anything other than bog down a system that was already dysfunctional?  We need the focus of intelligent and efficient intelligence agencies, not wholesale spying on everyone just for the sake of doing it.  This could start with dismantling Homeland Security.

Are we scared enough to claim everyone is a terrorist? 

5.  And please tell me how you identify these known terrorists?  Do they wear a sign?  A uniform?  How could you possibly determine in the massive amounts of information that is gathered daily and unnecessarily who is contacting a terrorist, and who is a terrorist?  The fact is you can’t! 

Build the fence?  Defend the border?

6.  Why not invoke that new Civil Assistance Plan with Canada and have them send their military down here to defend our border?  That would beat building a fence and we could maybe stop the illegal colonization of our country.

Should Democrats raise taxes to pay off the massive debt we accumulated?

7.  Should we stop the Democrats from raising taxes?  OOOHH!  That should snag the suckers.  Maybe the real question should have been:  Will the Democrats be forced to raise taxes to cover all the spending, tax cuts to the wealthiest 1%,  bail outs of predatory lenders,  loss of jobs,  and billions spent on this War OF Terror.  Considering the Republicans borrowed us into massive and unrepayable debt……this is really a moot point.

Continue the tax cuts so the wealthiest don’t have to contribute?

8. No. The tax cuts to those who didn’t need them should be stopped.  After all, we’re at war, the troops need those “tools”, and the economy is tanking big time.  Wouldn’t it be more patriotic to ante up when you have so much, than to expect those who are losing their jobs and homes, pensions and everything they have worked for to continue to finance those who contribute so little?

Should we allow multinational corporations to rape and pillage more of the country and then threaten you with your job if you object?

9.  Job killing environmental regulations?  And what jobs would those be? (I can’t wait for the answer to this one!)  I think what you are concerned about are those CAFTA provisions that you have not been quite successful at implementing just yet.  Read “trade illegal” regarding environmental obstacles to pollution and other “job killing” provisions. 

Could someone please balance the budget?  We’ve made such a mess of things!

10. A balanced budget amendment????  You’ve got to be kidding!  This from someone who has been part of the biggest expansion in government since its inception, who has helped kill the economy with massive borrowing and spending……and now you want a balanced budget amendment???  You are such a funny guy!

Fair trade or, corporate greed supported by this government?

11. There is a difference between free trade and fair trade.  The free trade policies of this administration and the 108th and 109th congress and now the 110th, have decimated our wages, jobs, caused massive home foreclosure, loss of health insurance and more families slip below the poverty line every day.  What do you think Mr. McConnell?  Do you think maybe its time someone put the brakes on this disaster and admitted that without regulation, without controls, businesses in the US (the few that remain) cannot be trusted to act in the best interest of the country?  Wage and price controls would be just the tip of the iceberg in what is needed to salvage our country from the pile of rubble the Republicans have helped to create.

Gay marriage will divert your attention from our corruption…Should we pass an Amendment?

14.  We have far more important issues that are of true priority without creating problems where none exists.  Don’t believe in gay marriage?  Don’t marry a gay person!  Problem solved!  With the divorce rate hitting 60% on those “traditional” marriages you trotted out there……I dont’ think you have a leg to stand on.  Your argument has no merit. 

Activist judges……are they only worthy if we picked them?

15. Activist judges?  Why not!  We just approved a several religious lunatics and a few even got on to the Supreme Court!  No one is more “activist” than than when they claim to be doing “God’s work!”

The federal government needs more of your money……blame someone else?

16. If Bush and other presidents hadn’t used the Social Security surplus (Bush has used it every year to finance the federal government to cover the loss of revenues from the tax cuts to those poor rich people) there would be no need to raise the SS tax.  But I’m sure you would have no problem raising the SS tax if it meant your wealthy friends could keep their tax cuts.

The 2nd Amendment

17. I fully support the 2nd Amendment right to keep and bear arms.

Tort reform….A good way to stop the common people from holding anyone accountable?

18. Medical liability and tort reform are just the current attempts to prevent everyday people from holding these demigods in the medical industry and pharmaceutical’s from being accountable for the harm they cause the public.  Considering that so many in congress are attorneys…….you might be shooting yourself and your trade in the foot with this one.

The Grand Old Party?  Or, How we destroyed an entire nation with greed and more greed.

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We now call it the Greedy Old Party.  There is nothing to revive.  As it is, this party has shown us that given the power to change things, they will change it only for the benefit of a few.  The corruption that these last seven years in particular has exposed from supposedly religious, moral and family values officals is enough to drive the best of us away. 

You have spent us into abject debt, started wars of aggression, helped construct the biggest expansion in the size of government ever.  You have allowed corporations and multinationals to take our jobs, reduce our wages and quality of life all for the almighty “global trade”.  You are not conservatives, you are not compassionate, and I don’t believe you have a conscience. 

The Republican (neo-conservative) party has been the worst disaster ever to hit our nation.  And now you want us to donate to keep you going?  What happened? Did the corporate soft money dry up?  Did the lobbyists leave “k” street?  Get your money where you have gotten it while pretending you didn’t know that what you were supporting was going to destroy our nation.  Or have all the really big money suppliers moved to the cheap labor markets in foreign countries where they don’t need you any more?

The best thing voters could do is to vote every one of you on both sides out of office and start over.  Either that or dispense with the congress altogether.  Congress has become nothing but a huge siphon on the public and regardless of which side of the “isle” you pretend to be on……the fact is that you are not on our side. 

Since you can vote yourself raises and benefits any time you want, why not just go ahead and vote yourself some money to keep this pathetic charade going?  It wouldn’t be any less ethical than what you have done to us in the past.

Marti Oakley (c) 2008

 

 

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