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Democracy vs. Oligarchy – ABUSING SENIORS

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FROM OUR MAY 2018 PRINTED EDITION

Lawyers Running Amok

Democracy vs. Oligarchy

by David Arnold

This is the third in a series of articles on democracy in the United States. The first was “The death of democracy in the Probate Court,”

The second was “We the people and accountability of lawyers,.

We have all been taught since childhood that the United States is a democracy. I used to just accept that without questioning it. However, democracy is not automatic. It is a constant struggle to make sure no individual or entity takes control of the whole government.

The United Stated has the structure of a democracy with three different branches of government. There are supposed to be checks and balances between the three branches to prevent abuse of power by any one of the three branches of government.

The tripartite system of government is commonly ascribed to the French political philosopher Baron de Montesquieu. Having three branches of government is a necessary but not sufficient condition to insure a democracy. Montesquieu pointed out an additional requirement. The personnel of the three branches must not coincide. If a single person or entity controls all three branches, this destroys the checks and balances. The government ends up being an oligarchy.

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ISOLATE, MEDICATE, LIQUIDATE: How to Fleece a Senior

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PART 2 – UPDATE NOTES

Warning to Seniors: Rich or Poor, You’re Worth a LOT to Lawyers, Courts, and Service Agencies!

by Lonnie Brennan

In our prior edition, we briefly outlined how retired Boxford attorney  had established a plethora of detailed estate planning documentation with the intention of protecting his approximately $9 million estate from predators, interlopers and other nasties.

Mr. Siegel failed.

He specifically failed to consider one important fact: At any time, a gaggle of lawyers, with the aid of friendly Massachusetts judges, can almost seamlessly have an elderly gentleman declared a ward of the state, and swoop in and begin to draw off his assets.

We’ve collected quite a lot of documents since last month, with details on just some of the billings of Attorneys Brian Cuffe, Marsha Kazarosian, James Feld, and others. Billings of sometimes in excess of $200,000 per year, and collectively resulting in the draining of millions from the estate.

The beef: two of Mr. Siegel’s daughters – one a lawyer – were named by Mr. Siegel to take over the custody of his estate in the event of illness, but instead, were cast aside by the courts, and others were given full control.

To the right, a few of the photographs printed here show the drilling of Mr. Siegel’s safety deposit box, Attorney Feld counting the content’s money, Feld and Kazarosian taking a break at approximately one-third of the way going through the cash and contents, then the pair packing things up after more than 4 hours and 30 minutes of documenting the valuables.

But this opening of the box and cataloguing of the contents was just one of many measures allowed by the courts to place the assets of Mr. Siegel in the control of court-appointed guardians for Mr. Siegel.

At press time, a further appeal by Mr. Siegel’s daughters on the draining of their father’s accounts by court-appointed lawyers and others, was denied.

Most interesting, Massachusetts Lawyers Weekly announced an award for Kazarosian, complete with a video of her, alongside an article terming the daughter’s appeals too confusing and wordy to comprehend.

The despicable actions inflicted on Mr. Siegel were not just directed to draining his lifetime of accumulated wealth. In an upcoming issue we’ll provide extensive details of how the state-appointees even terminated Mr. Siegel’s regular doctors and caregivers … stay tuned.  ¨

 

The Boston Courts: A study in judicial shell games

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new logoMarti Oakley

Commentary by Doug Kinan

_____________________________________________

2courtA recent article in the Boston Globe regarding the case of author Patricia Cornwell, who won a jury verdict only to see it thrown out by Judge George O’toole, is a grand example of the rot at the core of our court system.

O’toole of course leaned on supposed “technical errors” to cast the jury’s vote aside. Technical errors, and other idiotic, mindless nonsensical crap is used in courts across the country to vacate verdicts, dismiss legitimate cases, limit key evidence and refuse to allow it to even be seen or heard: these are just a few tools of the judicial trade.

From the Boston Globe Article:

“The judge acknowledged that some of the claims in the case were not affected by his errors, but still ordered a new trial, saying, “There is no way to assess what the verdict on the remaining claims properly subject to jury evaluation would have been.”

Lukey said Thursday that the decision to limit some of the key evidence in the case effectively dilutes the overall claims that Anchin maliciously wronged Cornwell and her company.”

But then came this comment from Doug Kinan, which needs to be read carefully.

Based on my experience, it appears that legal jujitsu and legal manipulations designed to wear out Ms. Cornwell, change the subject or vacate the award may be alive and well in this case.

In my view, many high dollar cases can be legally rigged, depending on how much money is involved to afford the “legal insurance” necessary, which may reduce the fiduciary’s exposure along the many years it takes to litigate a given case. The possibility of behind the scene bribes, unsaid promises and/or fraternity connections can be very persuasive.

There are numerous cases in probate courts across America to demonstrate that the formula for using the court to steal from the weak, defenseless and/or elderly is standard operating procedure in many cases, and especially in large estates.

Here is how one method works:

1. A fiduciary and/or a predator attorney may have the intention to defraud their client(s)out of a huge sum of money, depending on the case, the amount of money involved and who and/or how weak or defenseless the plaintiff is. If the fiduciary and/or predator attorney believes the plaintiff will not fight or has limited resources to fight, the theft is on and the fiduciary and/or predator attorney has the authority to steal as much as possible, and in some cases the majority of the estate. NOTE: Most lawyers are honest and decent. However, predator attorneys have mastered “gaming of the system” and/or have the necessary connections to achieve their desired result in one form or another. There is almost no penalty or significant consequences involved – Board of Bar Overseer oversight is pitiful.

2. During what I call the “defraud period”, the fiduciary uses some of the “misappropriated” funds (“walking around money”) to “buy off” and/or prolong the administrative/legal manipulations that follow. It’s done in many ways, but usually the fiduciary changes the subject to obfuscate the matter by the pound. The legal manipulations are designed to cloud the primary issue, wear down the plaintiff and increase legal fees.

3. After a period of years, there is either a forced settlement, a “compromise” or the judge in the case can make up any rule to “deliver justice” the way he or she sees fit. You never know what happens behind the scenes.

So long as the “triumvirate” (lawyer, judge, Board of Bar Overseers) can make up and/or ignore any rules they want, essentially there is no oversight and the amount of money determines where and how the case proceeds and ends.

Another way to look at legalized theft is:

1. Fiduciary and/or attorney steals $50,000 in a probate matter.

2. Plaintiff files an objection with the court and files a complaint with the Board of Bar Overseers, not necessarily in that order.

3. Plaintiff learns that retaining an attorney would be cost prohibitive and the gamble to litigate is too risky. NOTE: Most honest lawyers will tell a prospective client that the law, the facts and the evidence mean almost nothing in comparison to the “connections” and/or oversight failure to follow and apply the plain language Rules of Professional Conduct.

4. After years of litigating the case, the fiduciary and/or predatory attorney may offer a “take it or leave it” settlement of less than the “misappropriated” amount of $50,000 (court euphemism for stealing). The plaintiff almost has no choice but to accept, accept a “bench” decision or go to trial. The judge closes the case and simultaneously the Board complaint is a closed matter.

The possibility also exists that a “settlement” can be imposed, even if there is no settlement agreement.

We are at a stage in America where two tiered justice operates in plain sight, the “rule of law” is not the rule of law, that “equal justice under the law” is just a slogan and the reasonable conclusion is that the law can be negotiated, not obeyed.

America talks the best justice in the world. The reality is much different.

dougkinan@yahoo.com
Community & Good Government Advocate
Sworn & Commissioned Officer – Massachusetts Trial Court (Retired)
Member – Board of Directors, Boston State Hospital Project

Boston: Another staged “attack”?

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fflag

citi

 

Boston was supposedly conducting a bomb drill…….a drill which just incidentally coincided with the finish of the Boston marathon.  Strange how these drills just seem to coincide with “terrorist” attacks.  What luck!  Time after time…..drills are conducted based on the exact same events that occur at exactly the same time.

This time around, instead of seizing everyone’s video camera’s, phones and other devices, the authorities are asking people to give them videos they may have.  This way, as much evidence as possible can be gathered……..and destroyed???

At first it was reported that 14 people were injured and that three people were dead.  Now three people are still dead including one eight year old boy.  And the number of injuries has jumped to 140.  We also went from schrapnel wounds to severed limbs lying about.

And of course Obama claimed this is all the more reason why the gun bills aimed at dis-assembling the 2nd Amendment must be passed quickly.

Get the barf bags………..

 

 

 

Cutting Edge – Licensing of Knife Sellers in Boston?

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Lynn Swearingen (c) copyright 2010 ALL RIGHTS RESERVE

Finally, finally, common sense is prevailing in Boston. Home of the elite who never ever are involved in

Corruption:

Federal prosecutors are asking a judge to sentence former Massachusetts House Speaker Salvatore DiMasi to 12 1/2 years in prison on corruption charges.

DiMasi was convicted in June on charges he used his clout as speaker to steer two lucrative state contracts to a software firm in exchange for payments.

In a sentencing memo filed with U.S. District Court Judge Mark Wolf on Wednesday, prosecutors say DiMasi deserves the sentence because he was an elected public official with significant authority whose offenses involved multiple bribe payments.

Narcotic stings:

John M. Forbes, 31, of East Boston appeared in US District Court in Boston yesterday on a two-count indictment charging him with possession with intent to distribute OxyContin and possession with intent to distribute marijuana. He was ordered held until a detention hearing Monday.

Nepotism for “Change”: More

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