Coeur d’Alene Human Rights Watch: Professional Trolling and “Whisper” Networks Behind Elder Exploitation

“Maybe I just have to thank America’s broken legal system for making it possible to make stories like this.” – Rosamund Pike’s Golden Globe Acceptance Speech.

Over the past several years Guardianship and Conservatorship abuse awareness has gone mainstream. This should be a wake up call to Elder Law Attorneys, Estate Planners, State Bars, Probate Courts and those in the geriatric service professions whom may wittingly or unwittingly assist in the elder exploitation process; the end of life pipeline. With this public awakening many of the tricks of the trade concerning organized elder exploitation are being illuminated. The Government Office of Accountability (GAO), Administration for Community Living; National Center on Law & Elder Rights (NCLER), Department of Justice; Elder Justice Initiative, ABA’s Commission on Law and Ageing are beginning to acknowledge the licensed professions and organizations behind this insidious scourge publicly, and therefor pressured to slowly reveal what victims have experienced for decades.

Retirement communities such as Florida have been a harbinger for other States including those in the Northwest USA. The whisper referral networks have been active in the Inland Northwest for at least 15 years according to several private investigators and poly-victimized families subjected to multiyear elder exploitation litigation. 

Predatory Guardians/Conservator’s & Elder Law/Estate Planning Attorney “Whisper” Networks “Trolling” Hospitals & Elder Care Facilities for Vulnerable Clients.

Orlando Sentinel: Florida guardianship laws weakened by elder law attorneys’ lobbying. For some courts, exceptions have become the rule | Special report

It’s known as “trolling.”

That’s the practice in which a professional guardian identifies a vulnerable elderly person by visiting a nursing home, sponsoring an “informational” breakfast or getting a call from a hospital. Then the guardian, or their attorney, gets a court to appoint them that person’s guardian, by talking the elderly person into asking for it themselves or persuading a judge to intervene.

Den of Geek: I Care a Lot: Can Professional Guardians and Conservatorships Really Get THAT Bad?

“Parks had wards in nursing homes throughout the county, including 10 in the one that the Norths were relocated to. Many of these seniors were declared in need of legal guardianship in hearings that lasted less than two minutes. Prosecutor Jaclyn O’Malley would later piece together for a grand jury that Parks allegedly built a network of “hospital social workers and medical staff” who helped generate client leads for Parks’ company. In one instance in 2010, the state’s attorney said Parks was “cold-calling” rehabilitation centers in search of a 79-year-old woman who had nearly $700,000 in the bank and no children.”

New Yorker: How the Elderly Lose Their Rights Guardians can sell the assets and control the lives of senior citizens without their consent—and reap a profit from it.

“Jaclyn O’Malley, who led the probe for the Nevada Attorney General’s Office, made passing references to the “collusion of hospital social workers and medical staff” who profited from their connection to Parks. At Parks’s grand-jury trial, her assistant testified that she and Parks went to hospitals and attorneys’ offices for the purpose of “building relationships to generate more client leads.” Parks secured a contract with six medical facilities whose staff agreed to refer patients to her—an arrangement that benefitted the facilities, since Parks controlled the decisions of a large pool of their potential consumers. Parks often gave doctors blank certificates and told them exactly what to write in order for their patients to become her wards.”

ESQUIRE: I Care A Lot Shows a Very Real Legal System Ripe For Exploitation

“Prosecutor Jaclyn O’Malley argued that Parks, much like Marla, built a whisper network of hospital social workers and medical staff members who generated leads for Parks to prey on. Though Parks was jailed, the damage was done, with many of her victims committed to nursing home facilities, medicated to the point of incoherence, and locked in the guardianship system for life.”

 

Elderly as Natural Resource For Exploitation and State Bar Profit Centers

“Florida Bar continues to build their fortress around the state’s Probate Courts and to weaponize them for the benefit of their members.” – Rick Black; Founder & National Advocate, Center for Estate Administration Reform (CEAR) speaks on FL HB1349.

 

 

Guardianship Data Transparency

HB 1349: Guardianship Data Transparency

GENERAL BILL by Health and Human Services Committee ; Appropriations Committee ; Children, Families and Seniors Subcommittee ; Chaney ; (CO-INTRODUCERS) DiCeglie

Guardianship Data Transparency; Requires Florida Clerks of Court Operations Corporation & clerks of court to establish statewide database of guardianship data; provides database requirements; requires statistical data be generated monthly & published on DOEA’s website; provides requirements for searchability of database; requires Office of Public & Professional Guardians to share data; requires OPPAGA to analyze data & prepare reports; requires Office of Public & Professional Guardians to publish online profiles of registered professional guardians; provides appropriations. APPROPRIATION: $2,740,000

Lack of Transparency, Sealed Records, Fraudulent Concealment In Financial Discovery and Quashed Motions in Probate Courts are Hallmark Patterns In Elder Exploitation Matters 

Seattle Times: Secrecy hides cozy ties in guardianship cases

“Potential conflicts of interest radiate through guardianship cases, a Seattle Times investigation has found.”,….. “Judges and court commissioners across the state have sealed the entire file in at least 398 guardianship cases since 1990, The Times found during its ongoing series investigating concealed court records. Most of the cases were sealed in King County.”

 

 

Aligned Cronyism in Probate Court & Undue Influence.

Entrenched Professional Cronyism in Probate Courts, A Key Factor in Elder Abuse & Exploitation.

The same Judge has biased council from aligned self-serving professionals, all whom have mutual interests to keep the cash-cow victim and their property under their authority in Guardianships and/or Conservatorships. This is a substantial and illicit conflict-of-interest—opposite of the Wards best interest. When those acting as officers for the court; lawyers, guardian ad litems, social workers/court visitors, evaluating clinicians & physicians work in-concert to conceal documents, evidence of abuse, exploitation & negligence — this essentially sabotages the machinery of justice; due process, amounts to perjury and each by definition, is a type of fraud upon the court.

OC Register: Money-draining probate system ‘like a plague on our senior citizens’

“…. 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.”

BuzzFeed News Sept., 17, 2021:  BEYOND BRITNEY: ABUSE, EXPLOITATION, AND DEATH INSIDE AMERICA’S GUARDIANSHIP INDUSTRY

“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.”

Probate Court As Gateway To Elder Human Trafficking.

HuffPost: Is Elder Guardianship A New Form Of Human Trafficking?

“The victims are seniors. The partners in crime are financial predators and agents of the Elder Guardianship system — attorneys, professional guardians, medical experts, and others who are paid out of the senior’s assets. There are some good judges but many are overworked and some are actively aiding the exploitation. Anyone can file to deem you incapacitated. The entire process from filing an incapacity petition to plenary guardianship where all rights are removed can happen within days. Yet, once you’re caught in the web, it’s almost impossible to break free… AND you are forced to pay your abusers in the process.​”

 

Estate Planning & For Profit G/C Networks Functioning as a Criminal Enterprise

Elder Exploitation in Estate Planning is a Nation Trend

Predatory Estate Planning Attorneys often work in crony-aligned collusion networks. Premeditated elder exploitation crimes & networks—Estate Planner’s often have professional accomplices in their elder exploitation rackets, this can include Doctor’s, Guardians, Conservators, Evaluating Psychologists, Law Enforcement, Wealth Managers, Accountants, Social Workers, other attorneys acting as third party officers of the court and even Judges. The cross-referring professionals conceal materiel facts and cover for one another so they are rarely caught. Unfortunately for the communities were elder exploitation is rampant the good professionals practices are tarnished by the bad actors. Below is just a small sampling of examples.

The Legal Issues Related to Elder Abuse A Pocket Guide for Law Enforcement (2014) by Department of Justices consultant Lori Stiegal, JD was endorsed by the American Bar Association & Commission on Law and Aging. The Guide lists the following as primary elder exploitation predators or abusers (Page 11):

• Caregivers, whether paid (such as staff of home care agencies or nursing homes) or volunteers,
• Fiduciaries, including agents under a power of attorney, court-appointed guardians or conservators, trustees of a trust, or other professionals who have an obligation to act in their clients’ best interests (e.g., financial advisers, lawyers, and real estate agents),
• Friends.
• Neighbors.

If the exploited elder has no family or friends in the area the predatory estate planning attorney can directly steal from thier client’s estate, even after their client has passed. This article from WHIO TV 7 provides a good example: Lawyer accused of stealing from probate estate trust could get 70 years in prison.

The money Wiggins is accused of stealing was spent on several things, he said, including houses, a car, a boat, gambling at casinos in Las Vegas and in Ohio and jewelry, … pay his child support obligations and cosmetic surgery for a family member, Hayes said., … the theft of $1.5 million or more and each count of money laundering are felonies. If Wiggins is found guilty on all of the charges alleged in the indictment, he could potentially be sentenced to 70 years in prison.

Listed below are more examples of predatory estate planning attorneys arrested for stealing from their clients estates and how they broke numerous laws to accomplish their document schemes.

 

Investigations into Predatory Estate Planners

TBI Investigation: Estate Planner Indicted in Rutherford County

https://www.wgnsradio.com/index.php/article/69856/tbi-investigation-estate-planner-indicted-in-rutherford-county  

FBI Financial Fraud Investigation. Lengthy Prison Term for Estate Planner Who Betrayed Clients. Julie Kronhaus was a well-regarded estate planner with impressive training and credentials.

https://www.fbi.gov/news/stories/florida-estate-planner-sentenced-in-financial-fraud-case

How a Seattle attorney with ‘heart of gold’ ended up fleecing her brain-damaged client.

 

Attorney and Co-conspirators Convicted in $2.2 Million Estate Fraud Case

https://www.wealthmanagement.com/estate-planning/attorney-and-co-conspirators-convicted-22-million-estate-fraud-case

Prominent New Jersey attorney sentenced for scamming elderly

 

 

ISOLATE, MEDICATE, LIQUIDATE: How To Fleece A Senior

 

Warn Others of Predatory Guardians, Conservators, Elder Estate Planning Professionals, Geriatric Care Physicians or other Professional Abusers at NASGA’s Most Wanted

 

Elder Exploitation, Polyvictimization, Positions of Authority and Conflicts of Interest in Predatory Networks

Understanding Poly-victimization of The Elderly

National Library of Medicine: Prevalence of Elder Polyvictimization in the United States: Data From the National Elder Mistreatment Study

The following Table and Diagram is based off of prima facie and verifiable evidence in a series of related cases in one USA county were conflicts-of-interest ethics, model rules, mandatory reporting & elder exploitation, negligence and abuse statutes are not enforced.

TABLE SUMMARY

The more cross-industry and multiple authority roles causing conflicts of interest that harm the vulnerable persons in a specific region the greater likelihood there is premeditated organized exploitation, collusion, predatory networks or potentially a criminal enterprise or association in fact enterprise involved. When predatory professionals are so cavalier that they operate as a clandestine network; association-in-fact-enterprise (RICO), it likely means multiple elder exploitation victims have been involved over a period of time. This can include numerous violations being committed and a system wide, endemic hierarchy of authority involved often relative to profession and role of authority over the dependent elderly persons targeted. In predatory professional networks. fraud and exploitation is standardized which also helps the group protect one another through a “code of silence” or Omertà principle. This self preservation of oneself and the group typically negates any mandatory reporting safeguards.

ESTATE OR GOVERNMENT PAID POSITION OF AUTHORITY	PROFESSIONAL, CIVIL PROCEDURE, TEDRA & LEGAL ETHICS CONFLICTS OF INTERESTS
Primary Care Provider or Caregiver	Conflicts and elder abuse & exploitation arises when the elder’s primary care provider is also in any or all of these roles of authority; the Power of Attorney (PoA), Trustee, Advanced Directive Agent, Joint Bank Account(s) Holder, landlord & coordinates meetings with the senior’s attorney(s) for estate documents signings for the care providers benefit. Home-care provider uses tactic undue influence strategies, gas-lighting, isolation from seniors trusted acquaintances and conceals vital information from their dependent parent or significant partner they are caring for. Maleficent primary care providers and those assisting them can engage in menacing defamation campaigns, threats, harassment and menacing behaviors towards those whom legitimately try to protect the vulnerable person. These personality disordered types often don’t follow State Statutes or court mediated agreements. They me even try to have their attorney or the Alleged Incapacitated Persons (AIP) attorney place a no-contact order on those they feel are a threat to their role of Authority over the AIP. Unscrupulous professionals prefer predatory primary care providers because this is a crucial enforcer position over the vulnerable person or dependent senior, thus allowing all in the organized elder abuse networks to profit through exploitation and collusion-aligned cover-up schemes.
AIP/Vulnerable Person’s Estate Planning Attorney	Professional conflicts and model rules violations arise when the Estate Planning Attorney with a case history of exploiting elderly clients and concealing materiel facts to regional courts is also the Alleged Incapacitated Person’s (AIP) Limited Financial Power of Attorney, Scrivener of home-care provider’s PoA and the seniors Living Trust adviser. Compounding conflicts of interest occur when the Estate Planner is also the covert counsel to the family care-provider or outside council to the for-profit Conservator or Guardian. A seniors, AIP’s or Ward’s attorney makes substantially more money when drafting dubious living trusts, PoAs or conceals assets to intentionally create family conflict and just cause for litigation, This often necessitates a perceived need for guardianship/conservatorships (G-C) as a means to railroad the vulnerable person into the attorney’s aligned network of professionals whom offer these for profit services. The estate planning attorney/elder law attorney remains as council and often secures monthly residual fees for the duration of G-C, which is almost always to the Wards death and a time they can receive additional estate payoff in the final distribution of the estate. “Critics say these professionals often play one side of the family against the other,” When estate planning attorneys draft illicit living trust documents allowing beneficiaries to transfer themselves the seniors assets or uncharacteristically favoring exploitative caretakers whom restrict family access to the senior or disinheriting grandchildren to favor the home caregiver financially. These circumstances cause substantial psychological and financial abuse for both the trust drafting attorney’s memory-challenged elderly client and family members. Under Uniform Power of Attorney code it is also considered elder exploitation, fraudulent transfers, model rules violations and unjust enrichment. Despite these violations and Unconscionability in the Law of Trusts these exploitative circumstances happen frequently and too many probate court judges knowingly allow this illegal conduct and accompanying elder abuse. When a AIP’s attorney blurs or crosses the line and drafts estate documents facilitating substantial estate asset transfers to the primary caregiver this is a hallmark sign of undue influence at play. Aiding and abetting and conspiracy claims are born out of criminal law. They lead to liability for attorneys who help their clients to commit some kind of crime against a third party. This usually involves a lawyer helping their client commit fraud or some type of financial crime against a third party.
Estate Planning Attorney’s Consulting Attorney(s)/Primary Caregivers Attorney	Professional conflicts arise when when the primary estate planning attorney plans an estate take over and retains an additional consulting attorney for the primary caregiver for future litigation after the PoAs begin transferring themselves the psychically disabled and cognitively impaired seniors assets. This may occur early in the Estate Planning process and the initially retained consultant attorney becomes the exploitative home-care provider’s/PoA’s attorney in anticipation of tactically orchestrated family conflict through unethical estate drafting & asset transfers to the primary caregiver/PoA/Fiduciary/landlord. The care-providers multiple roles of authority and control over the senior enabled the care-provider to gain full decision making for the AIP/Ward, typically through isolation of the dependent senior, illicit estate documents and tactic undue influence strategies. The consulting/home caregivers attorney has built their law practice to be well connected in the region to an aligned network of third party court visitors company’s, for profit G-Cs, primary care physicians and the probate judge. When these practices effect multiple seniors in the same judicial district it becomes a risk to the elder community and their families in that county. This is particularly true when Prosecutors and law enforcement breach public trust by incorrectly viewing or maintaining policies that categorizes criminal elder exploitation as civil matters. When a primary care providers attorney assist in the omission of materiel facts in financial discovery this are far more than civil matters. t’s becoming more and more of an issue among law professionals when it comes to facing third-party liability claims in aiding their clients in a venture that is looked at as mounting to a breach of fiduciary duty. This is known as civil aiding and abetting and civil conspiracy.
Family Fiduciaries	Conflicts of interest among family fiduciaries lays foundation for exploitation and litigation. This is particularly true when a “post seniors memory-impairments and dependency” Living Trust is ineptly drafted to illicitly transfer assets or contrary to IRS/ uniform code best practices, contains voidable provisions or an existing estate plan is already in place to avoid probate. As an example the creation of a majority-ruled revocable trust where trustees are beneficiaries and vote to pass themselves assets of the elders estate or interplay with the seniors Will are voidable. IRS considered this gifting and subject to high taxes and exploitative of the benefactor or elder trust grantors estate. Unethical estate planners have actually created such Living Trust as a fraudulent pretext to transfer assets and change Wills. These mock living trust are not funded but used as a documents scheme to fool elders and other family members to transfer the vulnerable persons estate assets to predatory benefactors, Family fiduciaries are generally a bad idea when an authoritarian family home care provider is involved controlling the disabled and dependent elderly person and using Trusts, joint accounts, PoAs and working with the seniors estate planning attorney to pass themselves the seniors assets. This is considered unjust enrichment among other violations because undue influence, fraud and abuse is often involved.
Primary Care Doctor	Professional conflicts occur when an psychologically, physically abusive or exploitative primary caregiver changes the elder or alleged incapacitated persons (AIP) primary care physician (PCP). Often a persons PCP is the front line deference against clandestine abusive tactics such as undue influence and they are aware of the health circumstances, dependencies and vulnerabilities. If a new primary caregiver changes the PCP shortly after resuming their role over the persons care, gains authority over the vulnerable persons decision making via estate documents such as PoAs, advanced directives and other matters this is a substantial read flag indicator of potential abuse and exploitation. If the new PCP doesn’t follow previous doctors health recommendations and conceals health and neurocognitive related matters in Court ordered physician evaluations this is a Board of Medicine violation and may be considered fraudulent concealment/fraud by omission by the Court. In some cases dubious PCPs have their physicians assistance fill out physicians evaluations and intentionally conceal material facts.
CPA as Conservator	Professional conflicts occur when a family certified professional account represents the AIP and family members. The conflicts become worse when the CPA is in a conservatorship position and one of his family clients breaks court agreements or fiduciary laws to exploit the elderly person whom is also the CPA’s client. In most States a CPA is a required mandatory reporter and by law should report matters concerning elder exploitation. Additionally these matters become even greater conflicts when a secondary conservator retains the initial CPA conservator as the AIP/Wards accountant and all parties are aware of the elder exploitation and financial violations. CPA’s have some of the most stringent ethics rules out of most financial professions.
For-profit Conservator, Trustee Management Company or Professional Personal Representative	Professional conflicts occur when exploitative for-profit conservatorship firms appointed by the court or attorneys gain control of the elderly or vulnerable persons financial affairs. Conservatorship abuse is a is a national crises and has been for decades . The toxic conservatorships are further compounded when they knowingly retain psychologicaly abusive and exploitative primary care providers, compromised estate planning fiduciaries as vendors and the same behaviors that necessitated the court appointing the conservatorship in the first place continues. It is shocking a probate judge allows this put it happens. Associated organizations were for-profit Guardian,Conservator or Trustee firms become members, board members or presidents such as State Bar associations, planned giving, endowments, estate planning councils, accounting and related geriatric service councils creates a veneer of credibility for future clients and the courts. In the circumstances of predatory or toxic conservatorships these “on the surface” organizational memberships are used to discredit family or friends of the vulnerable person whom have legitimate verifiable grievances and evidence of the Conservators repeated fiduciary breaches or wrong doing. These membership are also effective intimidation positions for opposing council especially if the State Bar pressures their other Bar licensed members due to the ranking members influence within the State Bar leadership roles. These board positions can be leveraged to create bias and sabotage the judicial process when repeating wrong doing and intimidation is involved.
For-profit Guardian or G-C Firm	Professional conflicts occur when guardians or conservators receive referrals from their preferred or standardized network attorneys as well as state licensed LSW workers whom work within health care facilities or hospitals. This would include estate planning attorneys who are are part of these referral networks whom may be helping the primary caregiver conceal materiel facts in Discovery or other state regulated vulnerable person violations. The problem is substantially compounded when Center for Medicare and Medicaid (CMS) funded hospitals employ LSW patient advocates whom also run side G-C court visitor companies and refer elderly clients to specific estate planning/elder law attorneys or particular G-C companies or elder care facilities. Moreover, if any of these businesses are the probate courts go to or default solution their is incentive to provide repeating referrals and even cover-ups of abuse, exploitation or negligence thereby in violation of Federal Acts and State mandatory reporting Statutes. Since many of these geriatric service providers are paid from the same elderly persons estate they are incentivized to protect one another and conceal materiel facts of abuse, negligence or exploitation. Some may even assist in concealing materiel facts in court reports, evaluations and tactically time civil procedure reporting that fail to meet Court statutory deadlines. When the probate court appoints these officers of the Court their failure to disclose conflicts and materiel facts taint the judicial machinery to the point of fraud upon the court and jeopardize the life of the elderly person. When these circumstances repeatedly occur an organized criminal enterprise may be involved. Like Judges, even culpable for-profit guardians & conservators almost always have criminal immunity. The more evidence the legitimate protector’s of the vulnerable person discovers on those professionals being paid from the elder’s estate, the more the predatory networks band together to protect one another.
Guardian Ad Litem	Professional conflicts occur when a Guardian Ad Litem attorney or state licensed social worker aligns themselves with the objectives of an abusive primary caregivers’s attorney and the AIP’s unscrupulous estate planning attorney or legal counsel. A county plagued by a networked probate system that is dominated by aligned professionals working together to unjustly profit from the elder’s estates and G-C litigation will motion to remove any Guardian Ad Litem (GaL) or Primary Care Physician (PCP) who won’t write their evaluative court reports to exclude material facts of abuse, negligence or exploitation negative to their primary caregiver client and thus, rig the third-party evaluations for their favor. The same illicit practices also occurs in child custody battles. In reality the best interests of the vulnerable person are not the objective; winning the case and legally trafficking the child or elderly person into their established for-profit network of associated professionals is. These corrupt practices are a substantial risk to vulnerable persons and the entire community. Unscrupulous professional alignments pose a grave threat to a regions legal, social services & healthcare systems, however this is how some professionals build their practices and ensure reoccurring business profits.
Court Visitor (State Licensed Social Workers) & Hospital LSW Patient Advocates	Professional conflicts occur when state licensed social workers engage in dual roles and other ethical violations of their state occupational boards and National Association of Social Workers Code of Ethics. When state licensed social workers also work as patient advocates at CMS funded Hospitals while operating side business in court, attorney and G-C support services such as court appointed visitor businesses whom refer elderly patients to specific elder law/estate planning attorneys, guardians or conservators whom have a track record for exploiting elderly estates. These coordinated circumstances present a problem for the county courts and elderly community. This was and still maybe common practice in certain Inland Northwest healthcare district(s). The conflicts are compounded when the county Probate court uses such firms as their default choice in appointing for profit court visitors, guardians or conservators all of whom are being paid from the elders estate and therefor have an aligned interest to transfer themselves the elders assets through fees, estate, property sales, and other means. Similar events like this occurred in Clark County, Nevada the AG’s office laid the ground work that defining aided in organized elder exploitation & RICO circumstances relevant to a criminal enterprise: “…. (defendants) 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.” Moreover when unscrupulous law professional and exploitative primary caregivers use these affiliated patient advocacy services both in the hospital and in court litigation it constitutes several federal and statue violations. In some instances the patient advocates aided in banning family visitation with in the hospital, while hospital receptionists provided false information to families on HIPAA hospital visitation policies contrary to C.F.R regulations, were named as court visitor in court motions, were then removed due to conflicts of interest but then reinstated by the exploitative caregivers attorney. At the time the one of the patient advocates/court visitor company owner was also President of the County Guardianship Board. These events occurred at the same time the AIP’s Hospital affiliated Primary Care Physician and their physician’s assistant was concealing materiel facts in the probate court’s required physician evaluations on the seniors health. These are medical board and physician assistant violations and these matters provide an illustrative example of how geriatric services providers for the elderly in both medical and law work in-concert to conceal materiel facts of abuse, exploitation or negligence instead of making Federal and State mandated reporter statements to APS, healthcare agencies or law enforcement.
Neurocognitive Evaluating Psychologist	Professional conflicts occur when the AIP’s estate planning attorney coordinates with “in network” neurocognitive evaluating psychologists and the seniors primary care-giver drives the senior to the appointment, coaches them on responses just prior to living trust or will signings transferring substantial assets to the primary care provider/PoA. The influence is even more extreme when the estate planning or care provider remains present in the psychologists interview with the elder person. Hospital affiliated neurocognitive Psychiatrist(s) confirming that memory impaired vulnerable elderly persons are being brought to their clinic for neurocognitive evaluations by primary care-providers coordinating with estate planning attorneys and asked to perform estate signing neurocognitive evaluations without medical records (review neurocognitive evaluations guidelines: ABA/APA Assessment of Capacity in Older Adults For Psychologists pg. 34 “Reviewing the Records).
Petitioner/Authentic Protectors Attorney(s)	Professional conflicts occur in high conflict vulnerable person litigation when the Petitioner/authentic protector’s attorney(s) careers, reputation among peers or standing with the probate judge are threatened by opposing council (or indirectly through their opposing council commissioners in the State Bar). The authentic protectors attorney(s) will not place their practice and its standing in the legal community ahead of their clients even when their client is acting in the best interests of the exploited vulnerable person. When an attorney’s client is advocating for the protection of an exploited or psychologically abused elder this complicates matters particularly when the seniors attorney is in practice advocating for the exploitative primary caregiver. The judicial system is easily manipulated by legal pros when their are predatory networks receiving fees from the senior estate and aligned against family or friends trying to protect the vulnerable person. Defamation, harassment, fraud in procurement and fraud by omission are common tactics used to drive off legitimate protectors and their attorneys. If sufficient incentives are offered or the association in fact network pose to great a threat to the legitimate protectors attorney the may sabotage thier own clients case. This can be done by not returning calls, filling weak motions, missing deadlines, failing to apply statutes to motions, failing to follow up on committed Discovery, referrals to inept accountants or other third parties, and even throwing cases they could have easily won for their clients based on medical or financial Discovery facts.
Hospital or Elder Care Facility	Professional conflicts data when private or federally subsidized Hospital’s or Elder Care Facility’s fail to police their staff and multiple C.F.R., U.S.C, health insurance, state and many federal acts protecting seniors and vulnerable persons occur.
Home Care Service Provider Corporation	Professional conflicts occur when large home-care service conglomeration with a track record of Medicare and Medicaid fraud create regional limited liability companies that service exploitative or psychologically abusive primary caregivers attending to seniors.
Certified Public Accountant as Certified Fraud Examiner (CFE)	Professional conflicts occur in high conflict vulnerable person litigation when the Petitioner/authentic protector’s retains a Certified Fraud Examiner (CFE) and the primary caregiver’s and their attorney intentionally omits materiel facts in financial Discovery and the CFE refuses to confirm this in a report to a client. When multiple badges of fraud, fraudulent intent is present and multiple professional are operating in-concert to illicitly transfer a seniors estate for unjust or criminal profiteering and the contracted and CFE is unwilling to produce a report exhibit for the court this is also fraud by omission among other U.C.C & CPA violations. CPA’s owe a duty to thier clients hom retain them for a partucular skill set when they act Unscrupulously due to fear that reporting on other county professionals may jeopardize future business, reputation among peers or standing with the probate judge they should not be servicesing client in fraud investigations. When CFE’s become aware that multiple professional in their county are engaged in repeating criminal violations they need to inform the county prosecutor as set forth by their professional ethics guidelines, state statutes and federal acts legislated to protect senior citizens, Unfortunately, like the authentic protectors attorney(s) the CFE will not place their practice and its standing in the legal community ahead of their clients.
Broker, Investment or Wealth Manager	Professional conflicts occur when brokers, wealth managers, trustees and investment fiduciaries violate their securities licence, FINRA, FinCEN and S.E.C laws to name a few. Financial elder abuse occurs when a victim is exploited because of vulnerabilities associated with age such as impaired mental capacity and/or a simple lack of understanding and investment managers know this. Most investment managers and brokers know this because they are heavily regulated and mandatory reporters in many states. However they work around these regulatory mechanism by cutting mutually benefiting profiteering schemes with the seniors expletive primary care provider, attorney or Guardian or Conservator. Unscrupulous financial professionals may often co-mingle senior investment assets in omnibus accounts or investment ponzi schemes. These activities are criminal however abuse is so widespread with virtually no oversite even when reported to prosecutors, State AGs or probate judges, so these practices have become standardized. The FBI or DOJ only investigates when their are many victims and billions of dollars stolen. Investment News: With $84 trillion wealth transfer coming, advisers should be licking their chops.
Banking Institution	Professional conflicts occur when banks stray from mandatory reporting elder exploitation, FINcen, the Bank Secrecy Act, Trust Institution Act or other regulatory state and federal banking, fraud and money laundering laws. Too often a Banks investment division manager or client accountant is complicit i banking or document schemes or other mechanisms to illicitly transfer, conceal assets engage on dubious acts with the family POA/fiduciaries/Conservator/Estate’s Personal Representative during the life of the at risk senior at final estate transfer from an unaware elderly client or vulnerable person or postmortem former client.
Estate’s Personal Representative (Executor)	Professional conflicts occur when a for-profit conservator of exploitative estate fiduciary is also the seniors Personal Representative. This is particularly true when all these individuals are not bonded. The Court of Appeals for the Second Circuit recently ruled that RICO claims can be brought in connection with unlawful activities by an executor or personal representative of an estate. King v. Wang, 2016, U.S. App. Lexis 15753 (2nd Cir. 2016): “….Defendants engaged in an “ambitious scheme . . . designed to change C.C. Wang’s financial affairs and long standing estate plan” in order to facilitate the diversion of family assets away from Plaintiffs and into Defendants’ hands. (Compl. 46, 154-57, 179.)”
Realtors and Estate Servicing Construction Contractors	Professional conflicts occur when real estate agents or estate servicing contractors abuse their position of trust, engage in forgery, exploitation or extortion. As an example: in a notorious predatory network spanning multiple northwest USA counties, one for-profit guardians-attorney’s partner, a conflicted murderer ran an estate services business whom performed repairs on the attorney-guardian elderly clients properties. The estate services form charged excessive fees and billings were orchestrated to be late so the attorney-guardian could force on the properties or guardianship on unsuspecting seniors. Family and friends of the seniors whom tried to help were ran out of state or the guardian worked with complicit judges to have restraining orders file against the persons whom tried to protect the seniors or vulnerable persons. Predatory professional typically deal with their preferred realtors to help sell the exploited seniors homes.
Probate Magistrates/Judges & Overseeing Judicial Councils	Professional conflicts and Canon violations arise when the assigned official of the court overseeing and ruling on facts, precedents and laws related to specific events within a properly filed litigation repeatedly fails to enforce rules of civil procedure, model rules, statutes, mediated agreements, uniform and statutory code. When this consistently occurs the magistrate has violated their duty of trust and public or judicial office. Since elder exploitation matters are dismissed by police and prosecutors as civil matters, typically the only person able to mitigate legal health and public safety matters of grave concern for the marginalized elderlyand vulnerable person community is the Probate Judge. Probate Judge’s prefer that families work out their disagreements; including verifiable criminal matters or for the third-party evaluators such as court visitors, primary care physicians, psychological evaluations and Guardian ad ltems to make their decisions for them. In incompetent venues or corrupted regions were the third party’s are “weaponized for profit” the professionals are often paid by the seniors estate and align themselves in the litigation process through concealing misdemeanor or prima facie criminal violations at the behest of an exploitative caregiver’s attorney or the AIP’s own attorney. Entire regional court systems have become more compromised particularly in the area of G-C procedures, estate planning and elder law concerning elder exploitation where judicial procedures are irreparably tainted by allowing repeating fraud upon the court, breached ADR mediation, facilitating concealment/fraud by omission of materiel facts by court appointed third parties and perjury. Magistrates fear of being ostracized by legal or influential civic peers and enticed by political or financial inducements are becoming standardized miscarriages of justice. Once champions for the vulnerable probate judges have lost control of their courts to attorneys whom have abandoned the model rules, became apathetic, apply or dismiss the rules of civil procedure to favor unethical lawyers or buy into off the record “special circumstances” or hallway “off the record” meeting agreements that favor their preferred party and thus deviate from judicial protocols. In other words bad probate court judges consistently abuse their discretion and oath of office.
Prosecutor, District Attorney & Law Enforcement	Professional conflicts occur when civic employees in law enforcement roles and positions of public trust are also Trustees on private trusts, actively engaged in vulnerable person estate exploitation or knowingly refuse to investigate system wide criminal matters involving embezzlement, statutory vulnerable person violations and related public safety concerns in their judicial district. This also applies to police departments. These endemic circumstances are particularly alarming when police and district attorney’s phone receptionists and gate keepers are directed to treat elder abuse, negligence and exploitation events as civil matters even when their is county-wide prima facie evidence of criminal fraud and vulnerable person exploitation. The predatory networks of professionals engaged in repeating acts of elder exploitation of multiple clients know their judicial districts prosecutors and police will do nothing to stop the tsunami of elder exploitation and this further emboldens them and explains why they exploit seniors so brazenly.
Alternative Dispute Resolution (ADR), TEDRA, Mediators & Facilitation of Criminal Enterprises	Professional conflicts occur when offending parties whom are responsible for the abuse, negligence and exploitation of vulnerable persons intentionally fail to bargain in good faith or honor prior established mediated agreements which the Probate Court then also fails to enforce. When court required meditation fails due to these reason and mediation was a result of ineptly drafted estate planning or duty to care for the vulnerable person health properly, these matters are not enforced and continue to happen so the offending parties can continue to unjustly enrich themselves then it is a systemic failure of the entire counties Judicial system. That means that all those professionals whom billed “clients” for something that was not only worthless but used as a vehicle to create more litigation, mediation fees, enabled future illicit estate transfers and allowed for the continuation of duty of care violations that could cause the untimely demise of the vulnerable person despite forewarning in attempts to correct in mediation. All these matters are fraud including the court-ordered Alternative Dispute Resolution or Trust and Estate Dispute Resolution Act (TEDRA) procedures. If court ordered mediation or TEDRA which allows parties to come to an agreement that may differ completely from what the settlor intended. TEDRA when abused, can be manipulated to consistently rig outcomes, used as a means to avoid compensating for exploitation or continue exploitative transfers and sales of land or other asset transfers. TEDRA has been criticized in the United States as being too radical. When manipulated ADR and related mechanisms such as TEDRA negatively affects multiple vulnerable persons within a particular Judicial district via knowingly rigged processes, organized elder exploitation schemes and premeditated processes that fosters reoccurring fraudulent transfers this could also be considered components of a criminal enterprise. This becomes more evident when combined with other illicit estate planning tactics, fraud, the capacity of the seniors to understand complicated estate transferring mechanisms that deviant from their long established wishes to unjustly enrich primary caregiver(s), short & long term consequences of inetionaly obfuscated trust drafting and ADR/TEDRA, undue influence of the grantor/other trustees and professionals working in collusion. If data gathered through ABA (WINGS), ACL (WINGS) , other federal/state grant funded court monitors/programs is non-manipulated, not whitewashed and can remain accurate, then the States Attorney General office and State Bar would likely, or be required to be aware, that ADR and TEDRA is consistently being used as a means to forego violating parties accountability fot criminal acts or rig civil procedures concerning criminal conduct, cover-ups past exploitation or aid in the facilitation of financially large estate transfers through illicit Trusts, undue influence and coordinated exploitation of vulnerable persons. Premeditated actions that includes predatory professional affiliations, intentional corruption of civil procedures and organized cover-ups at institutional levels.
County Guardianship Boards	Professional conflicts occur when county guardianship board members or presidents repeatedly operate in concert with specific elder law or G-C attorneys with a track record of charging their disabled clients high fees and liquidating elderly or vulnerable person estates. When state social workers and their businesses are also guardianship board members or Presidents and function in multiple roles were potential conflicts arise it may present ethical violations of their state occupational boards and National Association of Social Workers Code of Ethics (NASW.) When these circumstances repeat they could presents a risk to the entire community. Furthermore, these conflicts are exasperated when state licensed social workers also work as patient advocates at CMS funded Hospitals while operating side business in court, attorney and G-C support services such as court appointed visitor businesses which refer elderly patients to specific elder law/estate planning attorneys, guardians or conservators whom have a track record for exploiting elderly estates. These coordinated circumstances present a problem for the county courts and elderly community. This was and still maybe common practice in certain Inland Northwest healthcare district(s). The conflicts are compounded when the county Probate court uses such the G-C narods presidents or members as their default choice in appointing for profit court visitors, guardians or conservators when they are being paid from the elders estate and omitting materiel facts in their court reports. This is also becuase court visitor LSW are also being paid the elders assets through fees, estate transfers, property sales, and other means. Moreover, when unscrupulous law professionals and exploitative primary caregivers position state licensed social workers or patient advocacy services in either the hospital to facilitate blocking of patient visits or in court litigation it may constitutes NASW, federal and statue violations if the vulnerable person is subject to abuse, exploitation or negligence by those in positions of their authority. In some instances the if guardianship board members are also patient advocates at a CMS funded hospital and aiding in the banning of family visitation with in that hospital or car facility, providing receptionists false information to families on HIPAAvisitation policies contrary to C.F.R regulations, and named as court visitor in court motions this would be a substantial violations of multiple ethics rules and CFR violations. IF LSW guardian board members court reports occurred at the same time the AIP’s Hospital affiliated Primary Care Physician and their physician’s assistant conceal materiel facts (fraud by omission which invalidates court reports) in the probate court’s required physician evaluations on the seniors health this in-concert activity would also constitute several LSW violations. These are medical board and physician assistant violations and these matters provide an illustrative example of how geriatric services providers for the elderly in both medical and law work in-concert to conceal materiel facts of abuse, exploitation or negligence instead of making Federal and State mandated reporter statements to APS, healthcare agencies or law enforcement.
Public Officials. Land/Development Officials & Timber Loggers	Professional conflicts occur when public officials, such as prosecutors are also fiduciaries on private trusts and the settler suffers cognitive decline resulting in multi-year probate litigation. This also includes realtors, land developers and public officials whom unjustly profited through land deals, referrals, gifts or inducements of any kind related to elder exploitation when undue influence was involved. Public corruption is a breach of the public’s trust by government officials who use their public office to obtain personal gain. It is a violation of federal law for any federal, state, or local government official to ask for or receive anything of value in exchange for, or because of, any official act. In Idaho, this includes commissioners, prosecuting attorneys, sheriffs, clerks, assessors, treasurers and coroners. State licensed Loggers and Contractors whom receive profit from clearing or developing a vulnerable person’s land whom fail to provide proper records of natural resources inventory to Dept of Land offices, state tax authorities and IRS are also liable.
A) Grant Funded Agencies, B) Endowment Funds, Charities, Political PACs	A) Agency and professional conflicts occur when a federal or state grant funded organization is aware of professional predatory practices, predatory networks in their region and fails to warn the public. This can occure when the agency repeatedly minimizes, whitewashes and covers up the abuses and damages thereby failing to meet C.F.R., U.S. Code and state regulations of the Grant, the State’s written administrative protocols and related public safety policy mitigation duties. B) Organization receiving funds from a predatory for-profit conservators or an estate’s personal representative were funds were procured through abuse, fraud or exploitation are complicit. The same applies to charities and political PACs. For profit conservators can be very generous with a vulnerable persons assets because it gives them clout within their peer network, increases referral contacts & clients to exploit and provides the appearance of credibility which they can promote in their marketing. In some cases APS agencies work with hospitals and higher education and align their donative processes for endowment funding of these institution were the elders pilfered annuities, bank account transfers, stocks and investment portfolios can be transferred into endowments. This could be considered a form of money laundering, especially when the vulnerable persons asserts were obtained through trust schemes or other illicit practices.
Health Care Insurance Providers (under Medicaid/Medicare systems)	Professional conflicts occur when primary caregivers, healthcare insurance providers, medical providers, patients, and others who intentionally deceive the health care system to receive unlawful benefits or payments. Through data and information sharing, the Healthcare Fraud Prevention Partnership (HFPP) fosters a proactive approach to combat healthcare fraud, waste, and abuse. Contracted or volunteer primary caregivers who engage in statutory violations concerning duty to care responsibilities such as not following Physicians advise concerning lifestyle matters that could kill the AIP, mixing prescription medications with alcohol, over medicating seniors with pain killers or sleeping aids, not following instruction on medical devices the senior requires, scheduling premature or dangerous elective surges the senior does not want, isolating the senior, causing the elder person psychological distress, and tactic undue influence in estate documents signings to transfer the elders assets to themselves would constitute mental, psychical and financial abuse. The care provider or AIP’s Attorneys, Guardian ad Litems, Primary Care Physicians and their assistants & affiliated CMS funded Hospital and third party court reporters working in concert to aid or conceal these practices may also be directly or indirectly involved health care system fraud. When county courts and hospitals are aware of these matters occurring they may also be complicit, especially when these matters repeatedly occur to those in the elder community in their health or legal district.
State Bar	Professional conflicts arise when when a State Bar President or ranking member of a regional State Bar Commission is also a member or inside counsel of a for-profit Conservatorship, professional Trustee Company, investment form or affiliated legal firm that engages in predatory practices. A State Bar president can indirectly influence State Bar member attorneys and potentially probate magistrates, They can also influence other Bar members whom review Bar complaints to dismiss complaints when their for-profit trustee, conservatorship, court appointed third party or associate in when predatory estate planning or legal practice are involved.