Senior Citizen Safety: Guardianship-Conservatorship, Probate Court Corruption Trends & the Racketeer Influenced and Corrupt Organizations Act.
Federal Court Equates Elder Guardianship to Racketeering:
“The 6th Circuit ruling confirmed my client’s right to challenge a court order, which may have been obtained through abuses of judicial processes,” said Dr. Saghafi’s attorney Chuck Longo in a telephone interview. “The decision will have far reaching negative implications for guardians and lawyers who improperly use guardianships as criminal enterprises to defraud the elderly and incompetent, which is a violation of the RICO statute.”
“Defendants APRIL PARKS, MARK SIMMONS, and GARY NEAL TAYLOR, did on or between December 21, 2011 and July 6, 2016, then and there, within Clark County, Nevada, knowingly, willfully and feloniously, while employed by or associated with an enterprise, conduct or participate either directly or indirectly, in racketeering activity through the affairs of said enterprise, and/or in the affairs of the enterprise through racketeering activity, did engage in said acts, to wit: by Defendants working for A Private Professional Guardian, LLC using their position to steal funds belonging to elderly and disabled persons over whom they had guardianship authority, through the use of a series of fraudulent billing practices, said activity constituting Racketeering contrary to NRS 207.400 (1)(c)(2).“
Racketeer Influenced and Corrupt Organizations Act (RICO) https://www.nolo.com/legal-encyclopedia/content/rico-act.html
Racketeering in Boston Probate? https://www.stopprobatefraud.com/blog/2017/08/28/racketeering-in-boston-probate/
OHIO COURTS ENFORCED FRAUD; RACKETEERING SAYS SUIT https://www.stopprobatefraud.com/blog/2019/10/27/ohio-courts-enforced-fraud-racketeering-says-suit/
Probate Courts: Criminal racketeering sanctioned by government https://ppjg.me/2011/02/20/probate-courts-criminal-racketeering-sanctioned-by-government/
Attorney: Elder “Protective Services” is a Racketeering Enterprise Medically Kidnapping Seniors https://medicalkidnap.com/2018/07/17/attorney-elder-protective-services-is-a-racketeering-enterprise-medically-kidnapping-seniors/
“The amount of abuse is crazy. You’re going against a rigged system.”
“…. often there is a little buddy-buddy system going on, sometimes a judge has friends who are attorneys,” said Thomas Coleman, a Palm Springs lawyer who specializes in representing the disabled.”
Article excerpt” “In local courts across the country — often woefully unfit for the sweeping power they command — guardians, lawyers, and expert witnesses appear frequently before the same judges in an established network of overlapping financial and professional interests. They are often paid from the estate of the person whose freedom is on the line, creating powerful incentives to form guardianships and keep them in place.“
“The judge knows the lawyers, the lawyers know each other,” said J. Ronald Denman, a former state prosecutor and Florida lawyer who has contested dozens of guardianships over the past decade. “The amount of abuse is crazy. You’re going against a rigged system.”
Organized Elder Exploitation Crime Rings Devastate Entire Counties.
“If you’re retired, wealthy, and thinking of moving to Las Vegas, think twice. An investigative look at the systemic abuse of elderly people by court-appointed guardians.”
Denver 7: Colorado guardianships can bleed estates with little to no oversight | “It’s a money-making machine,” says one man.
Dr. Gina Loudon Newscast on Real America’s Voice: The Silent Epidemic Preying on America’s Elderly: Bernie Kerik & Rick Black fighting estate theft
The Probate Mafia Articles
Estate Planning & Intimidation with the Local County Probate Rackets.
https://www.stopprobatefraud.com › blog › 2018 › 10 › 12 › rackets-are-courts-targeting-your-familyHave Probate Courts Become a Crime Syndicate? A Peek Via: The Economist. Originally Published: October, 2014. THE protection racket was one of the first businesses the Sicilian mafia entered into. Mafiosi have shaken down firms, large and small, on the island for over 150 years.
https://scholarship.law.nd.edu › cgi › viewcontent.cgi?article=1222&context=ndlrSee, e.g., Peter Nicolas, Fighting the Probate Mafia: A Dissection of the Probate Exception to Federal Court Jurisdiction, 74 S. CAL. L. REv. 1479, 1482 (2001). Thus, in Marshall v. Marshall, 547 U.S. 293 (2006), the United States Supreme Court clarified that the “probate exception” only forbids federal courts from hearing issues2
The Probate Mafia www.probatemafia.com. Under the Color of Law Exists an Organized Crime Industry. Public Notice to the Texas Bar; What is the ProbateMafia? The Greatest Threat to National Security is the Corruption of Justice. We-Hold-These-Truths-To-Be-Self-Evident; Search. Search for: Close search.Public Notice to The Texas Bar – TheProbate Judge – Attorney Tamorah Christine Butts Texas State Bar No.
https://fliphtml5.com › bmca › qvtj › basic › 51-70Check Pages 51 – 70 of FIGHTING THE PROBATEMAFIA: A DISSECTION OF THE PROBATE … in the flip PDF version. FIGHTING THE PROBATEMAFIA: A DISSECTION OF THE PROBATE … was published by on 2015-05-09. Find more similar flip PDFs like FIGHTING THE PROBATEMAFIA: A DISSECTION OF THE PROBATE …. Download FIGHTING THE PROBATEMAFIA: A DISSECTION OF THE PROBATE …
https://www.researchgate.net › publication › 265758380_Fighting_the_probate_mafia_A_dissection_of_the_probate_exception_to_federal_court_jurisdictionGiardina v. Fontana, 733 F.2d 1047, 1053 (2d Cir. 1984). See also Caminiti, 962 F.2d at 703 (noting that where the probate court lacks jurisdiction over a particular claim as against a particular …
https://ecf.ca8.uscourts.gov › opndir › 02 › 06 › 012898P-pdfNicolas, Fighting the ProbateMafia: A Dissection of the Probate Exception to Federal Court Jurisdiction , 74 S. Cal. L. Rev. 1479, 1493-94 & n.70 (2001) (gathering and discussing cases). Other courts, including our own, have recognized that there might be instances when the probate exception applies in diversity actions involving
https://www.justice.gov › sites › default › files › osg › briefs › 2005 › 01 › 01 › 2004-1544.mer.ami.pdfPeter Nicolas, Fighting the ProbateMafia: A Dissection of the Probate Exception to Federal Court Jurisdiction, 74 S. Cal. L. Rev. 1479 (2001) ….. 17 1, 8 1 John Norton Pomeroy, A Treatise on Equity Jurisprudence as Administered in the United States of America (5th ed. 1941) ….. 17 John F. Winkler, The Probate Jurisdiction of the
https://elder-abuse-cyberray.blogspot.com › 2009 › 12 › washington-dc-probate-mafia.htmlWashington D.C. ProbateMafia; Reason for this Page. Studies estimate that 50% of elderly American are victims of financial exploitation while only 4% to 15% case are ever reported. Financial swindles are one of the fastest growing forms of abuse of the elderly according to NCEA.
https://supreme.justia.com › cases › federal › us › 547 › 293See generally Nicolas, Fighting the ProbateMafia: A Dissection of the Probate Exception to Federal Jurisdiction, 74 S. Cal. L. Rev. 1479 (2001).
www.citizen4justice.com The elderly, disabled, those with compromised health, significant legal claims and families of the newly deceased worth 200k+, are being hunted by an operation I call. The Las Vegas Probate Mafia
https://scholarship.law.vanderbilt.edu › cgi › viewcontent.cgi?article=1240&context=vlrgenerally Peter Nicolas, Fighting the ProbateMafia: A Dissection of the Probate Exception to Federal Court Jurisdiction, 74 S. CAL. L. REV. 1479, 1503-14 (2001) (chronicling Chancery’s power over decedents’ trusts, fraud claims, suits seeking discovery, and the administration of estates to protect heirs, creditors, and legatees). 9.
https://www.kentlaw.iit.edu › sites › ck › files › public › academics › jd › 7cr › v2-1 › nagler.pdf Fighting the Probate Mafia: A Dissection of the Probate Exception to Federal Court Jurisdiction, 74 S. CAL. L. REV. 1479, 1482-1483 (2001) (discussing various policy justifications for the probate exception). SEVENTH CIRCUIT REVIEW Volume 2, Issue 1 Fall 2006 63 question cases is less certain.4 Given that the …
https://aaapg.net › why-probate-courts-consistently-fail-us-2019why probate courts consistently fail us For years I have written about the shortcomings in our equity legal system particularly in probate guardianship. Having just celebrated National Elder Abuse Awareness Week, this is a good time to recall what makes equity probate court and the guardianships it creates such an enormous disappointment and in …
https://vdare.org › articles › michelle-malkin-blowing-the-lid-off-probate-predatorsMichelle Malkin: Blowing The Lid Off Probate Predators. There is a silent epidemic in this country claiming the lives and property of untold numbers of innocent elderly and disabled Americans. It has nothing to do with exotic viruses. In fact, it’s a homegrown phenomenon involving corrupt elected officials, judges and lawyers.
https://h2o.law.harvard.edu › cases › 3320MARSHALL. v. MARSHALL. No. 04-1544. Supreme Court of United States. Argued February 28, 2006. Decided May 1, 2006.  Kent L. Richland argued the cause for petitioner. With him on the briefs were Dana Gardner Adelstein, Alan Diamond, Edward L. Xanders, and Philip W. Boesch, Jr.
https://repository.law.umich.edu › cgi › viewcontent.cgi?article=1574&context=mlrMafia: A Dissection of the Probate Exception . to . Federal Court Jurisdiction, 74 S. CAL. L. REv. 1479, 1500 & n.113 (2001). 17. Markham, 326 U.S. at 494 (“[A] federal court has no jurisdiction to probate a will or
https://thenewamerican.com › blowing-the-lid-off-probate-predatorsThe allegation that Harris threatened Nina Simone’s family in the battle over her estate will be very familiar to other families who have faced similar intimidation by the Probate Predator Mafia.
www.theconservativeinsider.com › blowing-the-lid-off-probate-predatorsThe family’s plight is still not over. Zurko’s assets have been liquidated by the conservators, and Lacy is saddled with $250,000 in legal bills. The allegation that Harris threatened Nina Simone’s family in the battle over her estate will be very familiar to other families who have faced similar intimidation by the Probate Predator Mafia.
https://www.law.uw.edu › directory › faculty › nicolas-peter Peter Nicolas, Fighting the Probate Mafia: A Dissection of the Probate Exception to Federal Court Jurisdiction, 74 S. Cal. L. Rev. 1479-1547 (2001). Peter Nicolas, The Use of Preclusion Doctrine, Antisuit Injunctions, and Forum Non Conveniens Dismissals in Transnational Intellectual Property Litigation, 40 Va. J. Int’l L. 331-404 (1999). ARTICLE: FIGHTING THE PROBATE MAFIA:
A DISSECTION OF THE PROBATE EXCEPTION TO FEDERAL COURT JURISDICTION
files.constantcontact.com › 850d9fbc501 › 236a9c50-9fb6-4fb3-931f-d16cf4daab1d.pdf Fighting the ProbateMafia: A Dissection of the Probate Exception to Federal Court Jurisdiction, 74 S. Cal. L. Rev. 1479, 1500 (2001). 2 Because issues of probate fell outside the jurisdiction of those courts (probate of wills and the administration of estates were left to England’s
ProbateWatchorg Survey: Guardianship and Conservatorship
US Senate hearing on “Toxic Conservatorships: The Need for Reform”.
On Tuesday, September 28, 2021 the US Senate Subcommittee on The Constitution held a hearing on “Toxic Conservatorships: The Need for Reform”. There hearing was held by senators Cruz and Blumenthal and testimony was given by individuals with experience dealing with guardianship/conservatorship abuses including a guardianship victim who was placed under guardianship after an automobile accident.
Senate page with transcripts of testimonies:
Exploitation by the Guardianship Industry
There is beginning to be more and more exposed throughout the country on how professional guardianships are exploiting and causing harm to the very vulnerable adults that they are supposed to protect. If you are able, we recommend you watch the following stories.
“”Silver Collar Crimes” are financially motivated crimes intentionally perpetrated against elder persons with diminished cognition, using the court system or legal documents. Silver Collar Crimes are a subsection of elder exploitation and include court-adjudicated guardianships, official land records, powers of attorney, wills, and trusts. Substantiated allegations of fraud in guardianships with the notion of court-oversight deteriorates the public’s trust. Collusion and organized schemes in guardianships are arguably the most egregious of Silver Collar Crimes.”
Brittney Spears Documentaries:
The New York Times has released multiple documentaries on the Brittney Spears conservatorship. They can be watched on the New York Times web site and a variety of other streaming services. Framing Brittney Spears
Controlling Brittney Spears:
Guardians Inc.: (Netflix- Dirty Money series)
This Netflix episode on guardianship abuse has been removed from Netflix due to a defamation lawsuit by one of the attorneys featured in the episode.
Esquire – Dirty Money Series Tackles Guardianship
The Guardians: (Amazon Prime)
This documentary produced by Billy Mitz is about guardianship abuse in Nevada, but these same things are occurring in Minnesota.
I Care a Lot: (Netflix)
While this is a fictional story and the plot line related to a family connected to the Russian mafia is not realistic, the first part of the movie does depict things that are actually happening to seniors by the guardianship industry across the country.
Edith and Eddy: (Amazon Prime)
This is a true documentary about an elderly interracial couple that were married in their nineties after being together for 10 years. However, they were separated by a court ordered guardian.
https://www.gopusa.com › estates-probate-nina-simone-and-kamala-harrisThe allegation that Harris threatened Nina Simone’s family in the battle over her estate will be very familiar to other families who have faced similar intimidation by the Probate Predator Mafia …
Data aggregation sources and leads: regional newspapers, VP Taskforce, AltrueSoft Tech Platforms, Citizen to Citizen Reporting, Citizen’s Bureau of Investigation, Northwest Journal News, Grassroots Elder Advocate Organizations, state & national GAO research monitoring & grant projects. Key search terms: § 18-1505, § 39-5302, Adult Protective Services, Dept. of Health, Elder Abuse and Exploitation. Aggregated & direct interviews via Citizen research and complaints focused on corruption, professional cronyism among state licensed service providers such as Estate Planning Attorneys, Doctors, Physicians, Clinicians & coordinated medical/neurocognitive/capacity evaluations, Conservator, Court Visitor, LSW, Guardian, Guardianship, Trustee, Management Services, IRPC, Idaho State Bar, CMS, Hospital, Facility Management, SEC, FINRA, Code of Federal Regulations,Tax Fraud, Wealth Management Services, Certified Financial Forensics & CPA Investigation manuals, Uniform Code and many more industry compliance guidelines . Supported by research from over site sources, Bureau of Occupational Licenses and all State Statutes relevant to Negligence, Exploitation & Abuse including Probate Court monitoring, Senate Hearing on “Toxic Conservatorships“, recent federal legislation, Acts of Congress, Elder Justice Act, Elder Abuse Guide For Law Enforcement (EAGLE), American Bar Association & American Psychologists Association Resources on & Elder Abuse & Vulnerable Person Legislation.
Courtesy of Spokane; Washington, Sandpoint & Coeur d’alene; Kootenai County, Idaho Elder Abuse Advocates & Grassroots Networks.