County-by-County Geo-Intel Comparatives of Court Officers Committing Fraud Upon The Court: Organized Elder Exploitation Crimes, Abuse, Negligence Events, Repeating Patterns &Trends.

AlTrueSoft™ Geo-intelligence for data tracking & trend analysis.

Predatory Estate & Elder Law Attorneys

C.F.R Violations Capacity Civil Breech Civil Procedure Violation Civil Rights Violations Collusion Conservatorship Corruption Criminal Conspiracy Criminal Profiteering Crowd-source Defalcation Dept. of Health and Welfare Violations Dept. of Health Violations Elder Abuse Embezzlement Evaluation Expert Witness Affidavit Exploitation Extortion Felony Crime Fiduciary Violations Financial Predator FINRA Violations Fraud Fraud in the inducement Fraud in the procurement Fraud Upon The Court Fraudulent Concealment Graft Guardainship Guardian Ad Litem Incapacity Malpractice Manipulation Moral Turpitude Negligence Officer of The Court Organized Repeating Criminal Events Political. Corruption Predator Priest Lake Psychologist Republican Restricted Access Rigged Rule 1.1 Rule 1.10 Rule 1.14 Rule 1.15 Rule 1.16 Rule 1.7 Rule 1.8 Rule 4.1 Rule 4.2 Rule 4.3 Rule 4.4 Rule 7.1 Rule 8.1 Rule 8.3 Sandpoint Spokane County SSA Section 28 Violations SSA Subtitle B – Elder Justice SSA Title XVIII Violations State Bar Violations Stevens County TEDRA Violations Undue Influence Uniform Power of Attorney Act Violations Uniform Probate Code Violations Uniform Trust Code Violations

Probate Court Corruption Trends

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AI Data Source Aiding and Abetting Bonner County

Fraud on the Court Law and Legal Definition

Fraud on the court occurs when the judicial machinery itself has been tainted, such as when an attorney, who is an officer of the court, is involved in the perpetration of a fraud or makes material misrepresentations to the court. Fraud upon the court makes void the orders and judgments of that court.

In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. ... It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted."

Probate Court Corruption & Racketeer Influenced and Corrupt Organizations Act (RICO).

Federal Court Equates Elder Guardianship to Racketeering:

//www.newsbreak.com/news/1498169756733/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.”

RICO, Guardianships & Elder Abuse | The STATE OF NEVADA Plaintiff, -Vs_- APRIL PARKS #1571645, MARK SIMMONS, GARY NEAL TAYLOR, NOEL PALMER SIMPSON

“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).“

KTNV 13 Las Vegas: The guardian is guilty: April Parks, others plead guilty in guardianship abuse case

Racketeer Influenced and Corrupt Organizations Act (RICO) //www.nolo.com/legal-encyclopedia/content/rico-act.html

NASGA: OHIO LAWYERS ACCUSED IN GUARDIANSHIP RACKET | Landmark Ruling: Simonoff v. Saghafi

Racketeering in Boston Probate? //www.stopprobatefraud.com/blog/2017/08/28/racketeering-in-boston-probate/

OHIO COURTS ENFORCED FRAUD; RACKETEERING SAYS SUIT //www.stopprobatefraud.com/blog/2019/10/27/ohio-courts-enforced-fraud-racketeering-says-suit/

Probate Courts: Criminal racketeering sanctioned by government //ppjg.me/2011/02/20/probate-courts-criminal-racketeering-sanctioned-by-government/

Attorney: Elder “Protective Services” is a Racketeering Enterprise Medically Kidnapping Seniors

//medicalkidnap.com/2018/07/17/attorney-elder-protective-services-is-a-racketeering-enterprise-medically-kidnapping-seniors/

Seattle Times: Secrecy hides cozy ties in guardianship cases

Potential conflicts of interest radiate through guardianship cases, a Seattle Times investigation has found. The roles played by lawyers, guardians, court-appointed investigators and investment managers often overlap or blur. Sometimes, the same person assumes multiple responsibilities that would normally be kept separate.
And who’s to know? The Weed file, for instance, has been stamped secret — one of hundreds of such cases to be improperly removed from public scrutiny.

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.

Activist Post: Was Annette Hayes “Taken Out” by Veterans Group

//www.activistpost.com/2019/01/was-annette-h…

“It does seem very odd,” commented Kerri Kasem, Founder and President of the Kasem Cares Foundation, which advocates for guardianship and probate reform. “Here’s someone who declined to leave in 2017 when her replacement was announced, then without advanced notice she’s just gone. You would think there’s a reason for her leaving office so suddenly.”

The organized effort for investigation of corruption in the U.S. Attorney’s Office was led by a national Seattle-based group that has aggressively pursued the criminal prosecution of corrupt judges and attorneys, Veterans for Guardianship and Probate Reform (VGR), together with GPF organizations AAAPG, CEAR, and the Kasem Cares Foundation.

After reviewing dozens of probate and guardianship cases with serious problems, VGR Paralegal Sophia Bagnaschi noticed a pattern of names, contacted ad hoc guardianship advocacy groups to compare notes, performed exhaustive searches of thousands of records, and discovered evidence that Washington State public officials are being bribed.

“When you work directly with people who’ve been affected by court fraud, you see the human cost, the loss of life, the destruction of families. You really feel the pain, the trauma, the loss of faith, and the hopelessness. It’s just unbelievable, the total devastation. When I found out that staff attorneys at the U.S. Attorney’s Office wouldn’t prosecute corrupt judges and lawyers because the victims are, to quote, ‘either dead or diminished so they don’t make good witnesses,’ that was it,” said Bagnaschi, “I just knew something was very wrong. I needed to know why this was happening. I just became completely outraged and went to work,” said Bagnaschi.

Justice Department Reaches Settlement with Northwest Trustee Services of Bellevue, Washington, for Illegally Foreclosing on Servicemembers’ Homes

//www.justice.gov/opa/pr/justice-department-reaches-settlement-northwest-trustee-services-bellevue-washington

“The amount of abuse is crazy. You’re going against a rigged system.”

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 : BEYOND BRITNEY: ABUSE, EXPLOITATION, AND DEATH INSIDE AMERICA’S GUARDIANSHIP INDUSTRY

Organized “Elder Exploitation Crime Rings” Devastate Families & Highlight Corruption in County Probate Courts & Healthcare Systems.

The Guardians: Documentary Trailer

“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

Can a RICO Claim Be Brought Against The Executor Of An Estate?
Article Courtesy of probatestars.com

Yes. 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, in connection with the estate of the father and financial backer of noted fashion designer Vera Wang.

In King v. Wang, 2016, U.S. App. Lexis 15753 (2nd Cir. 2016), the estate of noted artist and art collector C.C. Wang was at issue. C.C. Wang was also the father and financial backer of fashion designer Vera Wang.

Before and during the administration of his estate, the Defendant was alleged to have engaged in a scheme to deprive the Plaintiff’s of their rightful inheritance from the Decedent.
As explained by the lower court:

Here, Plaintiffs’ RICO claims are based on allegations that 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.) To the extent, therefore, that Plaintiffs’ RICO claims seeks damages from Defendants personally on the ground that their conduct prevented Plaintiffs from receiving an expected gift or inheritance, they are exactly the type of probate-related claims that Marshall permits federal courts to address. See Marshall, 547 U.S. at 304; Rothberg, 2013 WL 1314699, at *11.

The Second Circuit affirmed Federal jurisdiction over the RICO claim, explaining:

To determine whether a case falls within the probate exception we must assess: (1) whether the action requires “the probate or annulment of a will [or] the administration of a decedent’s estate;” and (2) whether the action requires the court “to dispose of property that is in the custody of a state probate court.” Marshall v. Marshall, 547 U.S. 293, 311-12 (2006); see also Lefkowitz v. Bank of N.Y., 528 F.3d 102, 106 (2d Cir. 2007) (“Following Marshall . . . so long as a plaintiff is not seeking to have the federal court administer a probate matter or exercise control over a res in the custody of a state court, if jurisdiction otherwise lies, then the federal court may, indeed must, exercise [jurisdiction].”). Post-Marshall, the probate exception is to be construed narrowly, such that unless a federal court is endeavoring to (1) probate or annul a will, (2) administer (or invalidate the administration of) an estate, or (3) assume in rem jurisdiction over property that is in the custody of the probate court, the probate exception does not apply. Lefkowitz, 528 F.3d at 105-06. We agree with the district court that the RICO claims raised here “are exactly the type of probate-related claims that Marshall permits federal courts to address.” King, 2015 WL 4207076, at *5.

The Court also succinctly explained the basic requirements for pleading a RICO action for civil damages:

To adequately plead a pattern of racketeering activity, a “plaintiff must plead at least two predicate acts, and must show that the predicate acts are related.” GICC Capital Corp. v. Tech. Fin. Grp., Inc., 67 F.3d 463, 465 (2d Cir. 1995) (citation omitted). In addition, plaintiffs must plead the predicate acts “amount to, or pose a threat of, continuing criminal activity,” the “so-called ‘continuity’ requirement.” Id. “Thus, a plaintiff in a RICO action must allege either an ‘open- ended’ pattern of racketeering activity (i.e., past criminal conduct coupled with a threat of future criminal conduct) or a ‘closed-ended’ pattern of racketeering activity (i.e., past criminal conduct ‘extending over a substantial period of time’).” Id. at 465.

JUSTICE.gov: Civil RICO: A Manual for Federal Attorneys

//www.justice.gov/sites/default/files/usam/legacy/2014/10/17/civrico.pdf

States Currently With Civil RICO Statutes

COMPARATIVE MAP & 5 PHASE ELDER PIPELINE DIAGRAM LINKS BELOW

I. Organized Elder Exploitation by Probate Court Professionals.

II. The Elder Abuse & Exploitation Pipeline

Premeditated, Organized Elder Abuse, Negligence and Exploitation Patterns: 5 Phase Elder Human Trafficking Pipeline By Professionals In Probate Court Process With Map Links to Verifiable News Articles, Cases/Related Evidence & Repeating Trend Analysis.

5 PHASE ELDER EXPLOITATION, NEGLIGENCE & ABUSE PIPELINE

Estate Ruling Documents or Probate Papers: Key Factors & Fraud Circumstances Characterized by Undue Influence and Silver Collar Crimes.

Figure 2: The Elder Exploitation Fraud Triangle. Courtesy of DEFALCATION.org

FIGURE 3: Undue Influence Models. Singer/Nievedel Model | Blum IDEAL Model | Bernatz SCAM Model | Brandle/Heiser/Stiegel Model

FIGURE 4: D.E.F.A.L.C.A.T.I.O.N PROCESS. This vulnerable person exploitation methodology combines elements of previous models but also involves one or more professionals working in collusion with the primary predator. The Collusion/Chicanery step also pertains to "Conflicts-of-Interest". This model defines the organized exploitation over time among multiple persons in roles of trust controlling the vulnerable person and embezzling their assets through coordinated schemes and functioning as a criminal enterprise.

An example of predatory professionals working in-concert to exploit vulnerable persons was defined in an infamous Clark County, Nevada case precedent as Racketeering. Large for profit Guardianship/Conservator companies and estate planning firms repeatedly exploiting their own elderly clients through document crimes & closely aligned third parties in Probate Courts could fit the definition of a criminal enterprise, if the cases were able to tried by a truly independent judge or jury.

“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).“

Diagram Provided by DEFALCATION.org

Dark Triads/Cluster B Personality Traits Prevalent in Elder Abuse, Negligence & Exploitation Circumstances.

Fortune Journals: Exploring the Dark Side: Relationships between the Dark Triad Traits and Cluster B Personality Disorder Features.

//www.fortunejournals.com/articles/exploring-the-dark-side-relationships-between-the-dark-triad-traits-and-cluster-b-personality-disorder-features.html

DOWNLOAD PDF REPORT

Psychology Today: Beware of the Malevolent Dark Triad

//www.psychologytoday.com/us/blog/toxic-relationships/201812/beware-the-malevolent-dark-triad

FIGURE 3: Dark Triad Traits in the Elder Exploitation and Abuse Pipeline Process.

Click here to View Larger Diagram and Process with Examples.

The Probate Project Articles

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.

RELATED ARTICLE LINKS:
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.

Criminal ageism, sexism and “disabilism” rackets run through the county courts.

The municipal court’s crony-aligned network of professionals all receiving hundreds of dollars in hourly fees from the same vulnerable person’s estate (most often disabled elderly women).

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

BuzzFeed 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.”

Seattle Times: Secrecy hides cozy ties in guardianship cases

RELATED ARTICLE LINKS:
IDAHO PRESS: Court rules lawyer exercised ‘undue influence’ over elderly mother’s will.

Seattle Times: Secrecy Hides Cozy Ties in Guardianship Case

Idaho Probate Attorney has own brother disinherited while working on another case where 4 siblings, including a disabled child is disinherited.

Spokesman Review: Magnuson son sues siblings over estate.

Spokesman Review: Siblings battle in court over fate of forested ‘piece of heaven’ on Lake Pend Oreille.

Research assistance and citation’s courtesy of regional newspapers, grass roots elder rights advocates & affiliated vulnerable person organizations.

Data aggregation sources and leads: regional newspapers, VP Taskforce, AltrueSoft Tech Platforms, Citizen to Citizen Reporting, 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, Clinicians & Psychologist Evaluation, 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 Grassroots Networks.

VP Task Force™