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Ohio Confronts Elder-Fraud 

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StopProbateFraud.com

October 18, 2019 —For immediate release.

Steubenville, Ohio

Team Reporting from www.stopprobatefraud.com

 

Facing the glare of the elder-fraud spotlight, Ohio Attorney General Dave Yost (left) is sending his top experts to address the problem in a  Steubenville public forum.

Titled “Protecting the Unprotected” the forum will be held from 12:30  pm to 4:00 pm on Wednesday, October 23, 2019 at the Towers Building, 500 Market Street, in the 2nd floor conference room.

Ohio has battled elder-fraud for years, and the state is again in the hot-seat due to a racketeering case brought by Dr. Mehdi Saghafi from Cleveland. A racket is a crime at both state and federal levels and can be spotted when the those billing to “fix” or “manage” a  problem are the same people that caused the problem in the first place.

Dr. Saghafi’s claim is that his family was the victim of financial exploitation when his 80-year old wife was trapped in the legal maze of a court-ordered guardianship. The family claims that once  “captured” in the court system, attorneys and accountants targeted the family’s assets and  billed the family hundreds of thousands of dollars for the ”care” of his wife.

Just months before that racketeering suit was allowed to proceed,  there was the FBI investigation of Ohio Judge Diane Vettori-Caraballo (shown   left). The judge was indicted and pled guilty to charges stemming from her theft of over $100,000 from an estate for which she was the court-appointed administrator. For more on that story, go here: https://wp.me/p9585T-gD

Ohio is not alone in the fight against fraud. Weeks ago, Michigan’s Attorney General Dana Nessel fired four of her state’s probate administrators after complaints that the attorneys had used their court-power to drain the assets of estates they controlled. See this link for  details: https://wp.me/p9585T-fH

Over the summer, Florida’s probate system made national headlines when court-appointed guardian Rebecca Fierle (right) was accused of causing the death of a man who was in her care by issuing a “Do Not Resuscitate” (DNR) order—without informing or getting the consent of the man who was “not to be resuscitated.” For more on this fraud story, go here: https://wp.me/p9585T-gt

Yost’s Steubenville event features nearly a dozen speakers including four with state-wide experience in elder-fraud investigation and prosecution: Sylvia Pla-Raith; Kevin Barbeau, CFE; Michael Kaizar, CPA CFE; Kelly Igoe, JD. The session offers residents of the region a place to meet and learn about the “red flags of fraud” from Ohio’s experts in elder financial fraud.

The Association of Certified Fraud Examiners (ACFE) calls fraud “theft by deceit,” and “theft with a smile and is prosecuted every day across the USA. But in cases where the “mark” or victim is an incapacitated and/or elderly person, the issues can expand from simple fraud into a RICO and civil rights cases.

“Many people don’t know that there are thousands of people in guardianships in Ohio,” says Rosanna Miller (shown right  with her father, Clair) who is a member of the advocacy group  “Ohio Coalition to End Probate Corruption” (OCEPC). The Ohio coalition is just one of nearly a dozen grass-roots groups across the United States who  fight guardianship and elder financial abuse including  NASGA,  AAAPG and VGPR.

New federal elder-care legislation (U.S. H.R. 4174) details that there are approximately 1.3 million elderly adults in the United States who have their lives controlled in a guardianship.  These vulnerable adults have amassed roughly 50 billion dollars in assets. These figures will get bigger with the aging of the “boomer” generation and the rise in life-expectancy.

The Steubenville forum is designed to help people learn how to spot and stop fraud from the best and brightest in the area of elder fraud prevention and prosecution. The speakers will detail the warning signs of elder financial exploitation and financial crimes and give attendees tools and strategies to assist victims of financial exploitation.

In addition to the state-level experts, there will be local Jefferson-County speakers as well, including Sheriff Fred J. Abdalla; Jefferson County Attorney Jane Hanlin; Marie Holt, Ericka Kirkpatrick and probate Judge Joseph Corabi.  The forum is designed to give people in the community a local contact when they need expertise in the elder financial fraud area. Q&A sessions are expected, time permitting.

The event is free but the room holds only 125 people. Please use this link to pre-register:

https://www.ohioattorneygeneral.gov/Elder-Financial-Exploitation-Symposium

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www.stopprobatefraud.com is a news and information site focused on helping people spot and stop fraud in probates, trusts, estates and guardianships. Contact our team at: stopprobatefraud@gmail.com

 

Follow us on Twitter: @StopFraud4

 

WARNING FOR ELDERS. HERE’S A SCAM YOU NEED TO KNOW ABOUT

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Boomers Against Elder Abuse

I’m lucky. I have a tight-knit family. I realize for many it’s not like that. Kids move far away and trust that their parents will always be the same. But as people hit their 80’s or sometimes earlier, changes happen fast. Adult kids haven’t thought about it. It’s easy to see how that could happen because most people don’t understand much about the aging process. I mean, as a society we don’t want to face it, and everything in advertising and media is about staying young. It’s truly important to bring reality to the forefront without shaming or demeaning our children’s failings unless real abuse has occurred. Sometimes negligence can be stopped by education.

If your kid’s don’t pay attention, what’s to prevent Adult Protective Services and others from removing an elder from their home by court order? Let’s say an elder has fallen and lands in the emergency room. Everybody knows that elders become less able to care for themselves very well at some point. Officials can see this as the equivalent of leaving a child alone at home if they want to. (The court can and does set aside a power of attorney you have in place.) Where’s the line? Think of it this way: What would happen if somebody found a kid at home alone and they had an accident? That kid would be taken away and put into a foster home. We need to understand that elders over 65 need more and more attention as they age, and anyone not living with an elder needs to know the risks. 65 is basically the age you become an elder who is looked at differently–as more vulnerable.

Tell your kids about this. Chances are, an outcome like this wouldn’t happen, but it could. Adult Protective Services, a doctor, nurse, social worker –or a professional who trolls emergency rooms (believe it or not there are social workers or others who do this with connections on the “inside”, much like ambulance chasers) can legally initiate a petition to have you put under the control of a professional court-appointed guardian. If the court agrees that this is an emergency, that person then controls all decisions and your assets. This emergency petition basically bypasses due process.

READ MORE>>>>>>>>

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TS Radio Network: Coz & Marti.. “In The Mix”…Updates & News

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Opinion: It’s time to reform probate court

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Editor’s Note:  Probate reform is not possible in my opinion.  The only solution is to abolish it altogether.  No one should have their identity stolen by court approved and appointed predators and NO ONE should be deprived of their Constitutional protection by being rendered dead in the law.  This is a money laundering scheme where estates are plundered by professional predators who prey on the elderly and the disabled to enrich themselves.  These tribunals are unconstitutional and violate numerous protected rights. 

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Originally posted on Disqus Digest

Predatory for-profit conservators often take advantage of the elderly by charging huge fees and isolating them from the community.

In 2013, a former Berkeley resident, Greg Cooke, was diagnosed with Alzheimer’s disease. A physician deemed Mr. Cooke’s wife unable to care for him, and he was referred to a nursing home. A private conservator became aware of Mr. Cooke’s situation and began to petition for conservatorship. Mr. Cooke’s wife fought to retain her role as his caregiver, but ultimately, the Alameda County Probate Court assigned Mr. Cooke to the private conservator.  The conservator began billing Mr. Cooke $8,000 a month in the form of excessive fees and charges. The conservator refused to communicate with Mr. Cooke’s family regarding his condition. They refused his family visitation rights and recently sent a letter to Mr. Cooke’s wife stating that he was deceased. Yet, in spite of the letter, the conservator has continued to bill Mr. Cooke’s estate.

Our probate court system is failing seniors and people with disabilities such as Mr. Cooke. Predatory for-profit conservators are taking advantage of vulnerable community members through a system of conservatorship that is rife with elder abuse and civil-rights violations. This process is a part of a larger trend robbing families of color of their property and wealth. This year marks the 50th anniversary of the Fair Housing Act and it is time to address this problem.

A conservatorship in California is a probate court proceeding where a judge appoints a caretaker for an adult unable to care for him or herself.

Once a conservatorship is established, the caretaker (legally termed a ‘conservator’) has nearly total control over the person put under his or her care (a ‘conservatee’).

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Exploiting the elderly — a lucrative practice

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new-logo25By Angela V. Woodhull

 

 

10468201_687314554677465_9114756285200928886_nFew of us would enjoy having the bulk of our entire lifetime of savings converted into attorneys’ fees during the golden years of our lives. Yet that is happening with such frequency that the offspring of many of the elderly victims are gathering to speak out against ageism and the involuntary redistribution of assets.
One of the most famous occurred in Phoenix, Ariz., where 83-year-old Marie Long, was wrongly declared “mentally incompetent” (an astonishingly frequent occurrence in the courts where lots of money is involved). Subsequently, her professional guardian and the guardian’s attorneys spent all of Long’s money, $1.3 million, in less than two years. Most of Long’s money went for attorneys’ fees
Most of us are now familiar with foreclosure scams, unscrupulous homeowners associations and family court abuses. But few are aware of the lucrative corporate business of professional guardians and their attorneys gorging themselves on the assets of the elderly.
The Internet abounds with information about court-sanctioned predatory professional guardians and attorneys posted by groups such as the National Association to Stop Guardianship Abuse, the National Organization to End Guardianship Abuse, Estate of Denial, and ANGER (Advocates for National Guardianship Ethics and Reform)
Ageism is the new frontier of exploitation. This new civil rights movement promises to affect all of us at some point, since every one of us expects to grow old.
Few of us would enjoy spending our golden years imprisoned in a marginal nursing home while unscrupulous attorneys and their guardians gouge our assets.
The American Association of Retired Persons has tenuously addressed this noteworthy issue, and the Government Accountability Office recently released a 57-page report about financial exploitation of the elderly. Increased public awareness is the first step to ending court-sanctioned predatory guardianships, ageism, and the involuntary redistribution of assets.

TS RADIO: Collateral Victims of Abusive Guardianships

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Protective Services Agencies: Its all about the money

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Guardianship abuse: Convenient incompetency

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A Heartbreaking Story of Elder Abuse and Legal “Thievery”: PART 1

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Jim Fargiano 

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Until relatively recently, I was unaware of how rampant elder abuse is within the legal court system.  For almost the last two decades, my life has been consumed by helping as many people as I could in a different way than most give help.  I have informally counseled and helped thousands of people through the publishing of my book, as well as in private sessions as a medium/psychic.  It was not until my good friend started to share her story with me that my eyes were opened to something far more prevalent than I was cognizant of; at least on a conscious level.

I have been privileged to know Diane for over five years.  During that span, she has never been anything but helpful, loving and compassionate to everyone.  More

Rense & Marti Oakley – Guardianship – Theft, Looting And Murder

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It happens everyday in every state.  Elderly or disabled individuals are kidnapped under the guise of “guardianship” by predatory guardians who then begin bleeding off the estate.

Corrupt probate judges, attorney’s, social agency workers, nursing home operators, doctors and the ever present predatory guardian, all begin hammering away at the vicitms assets until nothing is left.  The family is restrained from visitation while hearsay charges  are levied against them by the predators.  No evidence required.

[Interview on Jeff Rense]

https://ppjg.files.wordpress.com/2014/05/rense_oakley_062911.mp3

“06-29-11 – HR3 – Marti Oakley – The Guardianship Nightmare” from http://www.rense.com by Jeff Rense. Released: 2011.

IF you think this can’t happen to you, think again.  Congress is well aware of this crime.  Your state agencies, police departments, state attorney’s general, the FBI, the DoJ …all are fully informed and yet refuse to do anything to stop this theft and looting while holding an elderly or disabled victim hostage.

There is money to be made by converting a human being to chattel property!

And if a victim escapes the prison of the nursing home?  A warrant is issued for “escaped human property”…….It could happen to you.

TS Radio: Guardianship Abuse with Mary Ellen & Michael Taylor

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Human trafficking: It ain’t just for sex anymore

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Marti Oakley (c)copyright 2011 All Rights Reserved

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“Again, once this “guardianship” has been sanctioned by the cooperating probate judge, the victim loses all rights of any kind whatsoever and is for all intents and purposes “dead in the law”.  The guardian/conservator now legally owns the victim and can avail themselves of all of the victim’s assets of any kind. ”

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When we think of human trafficking most of us immediately assume that this occurs only in the arena of sexual exploitation.  At some point in time this may have been true.  Today, human trafficking encompasses many forms and there is not one of us who can safely assume that we would somehow be exempt from any type of human trafficking.  

While the sexual exploitation and trafficking for the purposes of sex is often highlighted in MSM, rarely do they ever report on the trafficking that occurs courtesy of our courts, unscrupulous politicians and yes, even those demi-gods….doctors, therapists and psychiatrists.  There is money to be made exploiting the vulnerable, the sick, the weak, the aging (with assets) and even children who have been unfortunate enough to become wards of the state and forced into foster care.  While sexual activity may not be the cause and concern in these instances, what happens to these individuals is no less a form of human trafficking for profit. 

In each of the above stated groups, the trafficking of human beings for profit is facilitated by social service agencies, corrupt probate courts, and family courts.  To be declared a “ward of the state”, is to be housed by, and to receive necessities and protection of the government.  It also means to lose any and all rights of any kind, whatsoever.  The “state” now owns what has become a chattel property and may do with that property whatever it desires to do.  This oftentimes includes a form of leasing out the ward for pharmaceutical experimentation and profit, as was exposed in Florida and Alaska, just to name two, over the last several years resulting in the exposure of massive Medicaid fraud as foster children are routinely forced to take off-label high gear psychotropic drugs and vaccines.  In a May, 2009 article, :author Evelyn Pringle notes:

“It is hard to come up with an adjective that adequately conveys the horror this is inflicting on America’s children and youth. Suffice it to say that when the country wakes up to the carnage this has caused, it will be recognized as the largest iatrogenic (doctor caused) public health disaster in history.”

These days, it seems more evident that the concern for children is not so much their safety and well-being, but rather; How much are they worth in the foster care system?  As with our public school systems, big pharma is more than willing to pay for every child added to the forced drugging programs. 

Trafficking of the elderly (with assets) More

Texas: SB 286 payrolling attorney’s

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For Texas Residents-
Senate Jurisprudence Hearings Set For 03/01/2011 – Estate / Guardianship

The Senate Jurisprudence Committee will be taking public testimony on 2 bills that should be of interest to all Elderly and Disabled Texans in Guardianship. Unfortunately these two bills only continue the abuse estates. SB 286- relating to attorney’s fees, the amendments are to include that the court may allocate attorney’s fees taxed at costs among the parties as the court finds is FAIR and JUST. If after examining the proposed ward’s ASSETS the court determines the proposed ward is unable to pay for costs allocated to the proposed ward for services provided by an attorney, the county is responsible is responsible for those costs. The attorneys appointed by the courts are forcing the sale of all assets to payroll attorneys fees.

SB 481- relating to the removal of a guardian of an incapacitated person ordered by the court. This bill has been amended for the court to provide notice and citation of a removal (after the fact) giving 30 days to file an application with the court for a hearing for reinstatement. If you are removed, you will be affected by SB 286 to pay for attorney fees that are FAIR and JUST. Which allows Attorneys to collect more fees.

A removal should only take place with clear and convincing evidence to substantiate a removal as written in the Probate Code under Section 761, no mention of removal with clear and convincing evidence in this bill. However, included in this bill: if the court is SATISFIED by the PREPONDERANCE OF THE EVIDENCE THAT THE APPLICANT DID NOT ENGAGE IN THE CONDUCT THAT DIRECTLY LED TO THE APPLICANT’S REMOVAL, the court shall set aside an order appointing a successor guardian, and shall enter an order reinstating the APPLICANT AS GUARDIAN. This bill does not mention that attorney’s fees be waived with the preponderance of the evidence.

Texas residents please join us at the Capitol On Tuesday March 01, 2001 to OPPOSE  these bills, and speak up for the disabled and elderly and for yourselves, this is our future under the Texas Probate Code pertaining to Estates and Guardianships.

We compel you to LISTEN, LEARN AND ACT for the well being and sanctity of families with incapacitated and elderly members, many of whom are also your constituents. You must bring justice to the citizens of Texas through logical and appropriate changes in the laws and institutions.  Unfortunately there are no agencies or laws to protect the rights of the family members of Texas’s most vulnerable population once their Guardianships are removed and revoked

For More information contact GRADE – Guardianship Reform Advocates for the Disabled and Elderly @ info@guardianshipreform.org or visit us as www.guardianshipreform.org

   “So much of what is best in us is bound up in our love of family, that it remains the measure of our stability because it measures our sense of loyalty. All other pacts of love or fear derive from it and are modeled upon it.”
  Haniel Long

Truth Squad Radio with guest Lou Ann Anderson

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Governor Cuomo: Will you help Sara Harvey?

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Reported by Marti Oakley

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When corruption of any kind reaches so high into our government and its corporate agencies who prey on the general public under the guise of “public service” or other misnomer, we must speak out.  We should all be speaking out in the case of Gary Harvey.  What has happened to Gary and his wife, Sara, could happen to any one of us at any time; Gary has been held as a virtual prisoner by Chemung County agencies in New York while a predatory guardian has burned through the couples assets. 

Once the predatory guardian, unknown to the Harvey’s prior to his accident, and who never even filed a petition, somehow was granted guardianship of Gary, he lost all of his rights of any kind…and all of his assets.  Now that the assets are depleted, the guardian has issued a “Do Not Resuscitate” (DNR) order.  Gary’s wife Sara has had to battle the attempt by hospital and doctors, at the request of the predatory guardian, to stop them from intentionally starving and dehydrating him to death. 

No one has been able to explain how the predatory guardian knew to be in court that day regarding a man the guardian did not know and had no previous contact with.

After repeated efforts to garner the help of state officials, agencies and various other legal agents and agencies, Sara wrote this letter to New York governor, Cuomo.  She awaits his repsonse.

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  January 28, 2011 


The Honorable Andrew M. Cuomo
Governor of New York State
NYS State Capitol Building
Albany, NY 12224

RE: Gary E Harvey, help concerning guardianship

Dear Mr. Cuomo: 

Can you or someone on your staff give me some direction as to where I might turn for help in rescuing my husband, Gary E. Harvey, from an inappropriate and dangerous care setting, and from a guardianship which I believe to be contrary to his best interests, safety and survival? 

Gary is a Vietnam veteran.  He suffered a head injury in a fall, in January of 2006, and subsequently deteriorated to the point that he has been incapacitated for some time.  In a sequence of events all too common in cases where the state assumes control, I was denied guardianship over my beloved husband, and a professional guardian has been appointed (just showed up out of nowhere at my hearing and without a petition). Both Gary’s and my assets have been used up by this abusive guardianship.   Sometimes, I am denied the right even to visit him, on arbitrary grounds or without explanation.  More

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