A $22 million civil RICO case from Cleveland, Ohio has survived another procedural hurdle and appears headed to trial in Cuyahoga county court.
RICO stands for Racketeer Influenced and Corrupt Organization. It was passed by congress and signed into law by President Nixon 50 years ago, in 1970. Originally designed to combat organized crime, the laws’ application has expanded to include any group profiting from an illegal activity.
Macomb County Probate Judge Sandra Harrison ordered the release of Fred Smith, who lives in Bruce Township, but with a stern warning that if he doesn’t account for the missing funds, he will find himself back behind bars.
A Utica man has been confined to the Macomb County Jail for over three weeks and will spend at least two more weeks there for failing to account for millions of dollars spent from his mother’s trust fund that he controlled.
Two former clients of disbarred Hendersonville attorney Andy Allman may finally get their day in civil court after a special judge recently denied a motion to dismiss the cases.
Linda Cela of Clarksville and Erbit Navarro-Teran of Lebanon both filed complaints in Sumner County General Sessions Court against Allman nearly three years ago.
Investigators say Traci Hudson stole more than $500,000 from a man she had guardianship over.
For the latter part of his life, Maurice Myers lived on his own in a small home south of Sarasota.
Then, in March 2017, when he was 92, Myers was hospitalized twice with numerous health complications. He was released to a rehabilitation facility, then moved to a senior care home in Pinellas Park. There, he’d be closer to his daughter, who oversaw his affairs.
The case highlights the unexpected downsides of court-appointed adult guardianships, which are designed to help the old and the infirm manage their lives but are under fire nationwide amid allegations of neglect, abuse and financial exploitation. Those problems haven’t escaped the watchful eye of Congress, as evidenced by the recent introduction of HR 4174 to enact protections against elder abuse and neglect under guardianship.
I am not a lawyer, and have never represented myself as being one. I don’t need to be one. The Constitution for the United States makes very clear that the law is to be accessible to everyone. I cannot claim ignorance of the law as a defense for anything and there is no requirement for me or you to obtain a BAR union card in order to access and use the law, stated anywhere in the Constitution. “Practicing law without a license” is a fiction of law.
“By abdicating its responsibility to the public, congress has ceded its power to act on behalf of the people to the second largest BAR Association in the country….the Department of Justice. How do you think that is going to turn out for those of us out here in no man’s land? Do you really believe the DOJ is going to implement any rule, regulations, or other other fictions of law that would adversely affect other Bar members or associations? Not a rat’s chance in a deacon box that will happen.”
Pay careful attention here to the word “ACT”. An ACT is something the government is going to do by force rather than by actual power granted to them in the Constitution. In this particular instance, congress is charging the DoJ with law making which is unconstitutional.
Those of us who have actually read the bill and have at least a modicum of understanding of how legislation actually works and affects us, know that this bill is going to cause irreparable harm not only to the elderly, but to those family members and others who have waged this battle against the growing human trafficking of the elderly by professional predators working in tandem with unethical attorney’s , corrupt probate administrators, Adult Protective Services agencies, and professional predators who prey on the elderly and others, and who make a parasitic living off the targeting of the elderly to profit themselves.
Did you see one word in this bill that addressed the issue of identity theft that results from being declared a ward of the state?
Is there one word about stopping the assumption of identity by the predators who now present themselves as the victim and begin bleeding the estate dry?
Was anything said about the resulting abuse, neglect and exploitation by professionals and agencies that results from this civil death? ( by declaring the living human being a “ward of the state”, the victim has suffered a civil death, equal in its legal consequences to natural death) You are dead in the law, but still breathing.
Was anything mentioned about holding these administrators liable for violating the rights of the targeted victim?
Did you see one word directing these probate tribunals to follow rules of evidence?
To cap fees?
To stop the predators from isolating the ward?
Anything about stopping chemical restraint to silence the victim?
Any sighting as criminal activity the actions by these predators who make their living stealing the lives of their victims for profit?
“When I see a bill come out that actually addresses the root causes of this epidemic, that holds accountable the people, institutions, associations and agencies responsible; when the federal government stops funding the exploitation of the American public through cash incentive programs hidden in regulations that keep state treasury’s flush with cash, I’ll support those bills. Until then, do not expect me to cheer for these do nothing bills that are nothing more than fluff and buff bills meant to make you think they really do care. They don’t. “
I have watched in dismay as bills have been introduced and/or passed supposedly addressing the trafficking of human beings including the elderly, the disabled and children through the cash incentive systems that fund the buying, selling and trading of the American public. We have been commodified. This system is so rampant and so blatant that we are literally just a step away from auctioning off human beings for profit in the public square. And it wouldn’t be the first time this has happened. The US has a sordid history of selling human beings for profit, only this time around we are all potential property that can be auctioned off.
Having successfully stolen an estimated 3-5 billion annually from the elderly (low estimate) some think the real amount is closer to 10 billion. And, while there are cases of family members, friends, or others in the community who have exploited the elderly and abused them, the vast majority of cases, especially where a large estate is attached, are committed by parasitic individuals who work as predators within and with the cooperation of the probate system, for no other purpose than self-enrichment. These parasites could not care less about the lives they destroy or the misery they cause other human beings.
“Go ahead and see what you can do, because you have been deemed incapacitated, so everything you say or do is meaningless,” said Brenda Uekert, principal court research consultant with the National Center for State Courts. “You can’t even get an attorney, because a judge has already determined that you don’t have the ability to make decisions for yourself.
Two recent bills supposedly intended to address the growing threat of predation of senior citizens who committed the new age crime of aging with assets, address none of the real causes of abuse, neglect, and financial exploitation that occurs under the protection and direction of the so-called “stakeholders” who assembled this system of trafficking, legalizing the conversion of assets from the targeted individuals into the accounts of total strangers whose only interest is self enrichment, is even acknowledged.
After hours and hours of conferencing this last week with several individuals and groups across the country, regarding the threat that the entire system of probate tribunals poses to the public at large, we have reached the consensus that this unlawful, unconstitutional system, cannot be repaired or made to be fair and equitable and therefore must be disposed of.
We all agreed it was pointless to contact any legislative representative. These elected officials are all fully aware of the system of human trafficking for profit that occurs daily in the probate system, although they will claim that they do not know. As our elderly are kidnapped and held in isolation while their estate is plundered by professional predators called “guardians”, our children are subject to being kidnapped at gunpoint by swat teams at the behest of Child Protective Services (CPS). CPS is now regarded as the largest child trafficking organization on earth.
Do you really believe your legislators don’t really know?
What are administrative tribunals?
“The distinguishing mark of an administrative tribunal is that it possesses a complete, absolute and unfettered discretion and, having no fixed standard to follow, it is guided by its own ideas of policy and expediency. Hence, acting within its proper province and observing any procedural formalities prescribed, it cannot err in substantive matters because there is no standard for it to follow and hence no standard to judge or correct it by.”
Make no mistake about it, Administrative “courts” are not courts at all in the scope of the Constitution. These are specially created tribunals which make their own rules, and do not recognize natural rights and liberties as defined in the Constitution. More
The PPJ Gazette 