Archive for the ‘California’ Category

State Bar Says It Will Seek Discipline of Lawyer Targeted in Federal Suit

September 26, 2012

The State Bar said Friday it will seek to discipline a Los Angeles attorney who is being sued by the federal Consumer Financial Protection Bureau for loan modification fraud.

A spokesperson said a 30-count notice of disciplinary charges had been filed against Mid-Wilshire lawyer Chance Gordon. Gordon, 41, allegedly committed 30 counts of misconduct in 13 cases, most related to promises of foreclosure relief or loan modification.

Among the State Bar’s accusations are that Gordon:

Failed to perform with competence on behalf of six distressed homeowners whose cases were either dismissed or improperly filed. In one case, Gordon submitted a falsified document in a loan modification application;

Accepted illegal fees for loan modification services in Illinois, Florida and North Carolina, jurisdictions where he was not authorized to practice law;

Wrote three checks that bounced from his client trust account and misrepresented the facts about the overdrawn funds to the State Bar;

Falsely advertised on his now-disabled website that his firm, Resource Law Center, provided nationwide real estate legal services when he was only admitted to practice in California, and made unsubstantiated claims of successful loan modifications involving 42 lenders; and

Promised to pay clients $100 for new client referrals, in violation of the Rules of Professional Conduct.
 
 

Full Article and Source:
State Bar Says It Will Seek Discipline of Lawyer Targeted in Federal Suit

Santa Clara County judges set new curbs on fees for court-appointed care of disabled, elderly

September 25, 2012

Santa Clara County judges on Thursday took a major step toward cracking down on runaway costs that elderly and disabled adults can face for court-appointed care, setting new curbs on fees and stepping up scrutiny of inflated charges.

The proposed new rules, which would start next year, come 2½ months after an investigation by this newspaper revealed how the local court has been lax in stopping estate managers, known as fiduciaries, from running up six-figure bills on mostly voiceless adults.

“These are some of the most vulnerable members of our community, many left with very little assets to see them through their lives,” assistant presiding Judge Brian Walsh said in announcing the new rules Thursday. “Our court must be the guardian of those assets by overseeing how they’re spent.”

Walsh said the new rules would give Santa Clara County’s court “the most comprehensive rule affecting private professional fiduciaries in the state of California.” Critics say the changes are long overdue. The newspaper’s investigation found that, unlike other Bay Area counties, Santa Clara County has had few local rules restricting conservators’ fees.

Full Article and Source:
Santa Clara County judges set new curbs on fees for court-appointed care of disabled, elderly

See Also:
San Jose: Judge rejects nearly $30,000 attorney fee to disabled man’s trust

Santa Clara judge reconsiders his early ruling on a trustee excessive fee case

The Mercury News’ “Loss of Trust” Series (Anchor article)

VILLA FONTANA RETIREMENT COMMUNITY SAN JOSE CALIFORNIA ELDER ABUSE 1

September 21, 2012

Stealing David

September 18, 2012

David Fettgather is a young man with Down Syndrome. He was stolen from his family and put in board and care in 2005 by corrupt Alta Regional Center. They profit from taxpayer money by holding him captive. Family hired a Guardian to intervene for David. But the Guardian who also profits from David’s captivity, colluded with Alta. David Circle of Support was founded to help David and other victims of Regional Center and Guardianship abuse.

Source:
YouTube: Stealing David

See Also:
FriendsOfDavidFettgather

Listen to David’s father, Dr. Robert Fettgather, discussing David’s situtation on “The Truth Squad” radio with Marti Oakley and her co-host, Linda Kincaid. David has been isolated from his family and friends for more than seven years with no real and plausible reason given as to why.

Listen to internet radio with Marti Oakley on Blog Talk Radio

Source:
The Truth Squad: Vulnerable Adults Targeted by Predatory Guardians

"The Truth Squad" TONIGHT!

September 16, 2012

Join us this evening as Linda Kincaid, Elder Advocate, and Dr. Robert Fettgather, discuss the use of psychotropic drugs in massive doses used to render elderly and disabled adults, chemically restrained. Many times these drugs are used simply to render the victim incompetent and unable to function.

Also joining us will be Ginny Johnson, whose father, a WW2 veteran became the victim of a predatory guardian.

5 pm Pacific
6 pm Mountain
7 pm Central
8 pm Eastern

Listen to The Truth Squad

See Also:
NASGA: Captain Hugh Johnson – NC Victim

New "Nursing Home Inspect" Tool

September 12, 2012

ProPublica, an independent, non-profit newsroom that produces investigative journalism in the public interest, has unveiled a new interactive tool to search nursing home inspection reports.

The site, called Nursing Home Inspect, allows users to search through thousands of recent government inspection reports from around the country, most since the beginning of 2011. Nursing Home Inspect also allows searches by keyword and city, as well as by a home’s name, and allows searches across all the reports at once. Users can search by state or by the severity level of the deficiencies cited.

The default search ranks results by the severity level of the problem found. As of August 14, 2012, the underlying database covers nearly 118,000 deficiencies at 14,565 homes. There are more than 15,000 nursing homes in the U.S., and as CMS releases newer inspection reports in the future, we plan to add them.
Go to: Nursing Home Inspect

Source:
CANHR: New Nursing Home Inspect Tool

Probate Judge OK’s Payment for Tustee Under Investigation

September 10, 2012

John E. Larkin will receive $50,000 from the trust fund of an 88-year-old heiress while the FBI probes his handling of her finances.

The Los Angeles County probate judge who oversees an elderly heiress’ trust fund approved $50,000 in compensation for a Kabbalah Centre official who is under criminal investigation for his handling of the woman’s financial affairs.

Los Angeles County Superior Court Judge Michael I. Levanas signed off on John E. Larkin’s payment request without comment. The money covers work that Larkin, a veteran Hollywood financial advisor, performed last year as a trustee for an $11-million family trust fund benefiting 88-year-old Susan Strong Davis. The probate court approves such payments because the trust fund was set up by Davis’ mother’s will.

Davis’ nieces have said she has suffered from dementia for several years, a period in which Larkin sold her a vacant lot he owned in Beverly Hills for what public records indicate was a $300,000 profit. Davis, who has lived in the same home in Palos Verdes Estates for three decades, borrowed more than $2 million from her trust fund to buy the Beverly Hills land and build a four-bedroom home there.

After a Times report detailing the transaction and a $600,000 donation she made to the Kabbalah Centre in 2005, police in Palos Verdes Estates launched an investigation into her finances, an inquiry taken over last month by federal agents. The IRS has been investigating the Kabbalah Centre for possible tax evasion since 2010. Larkin helps oversee the religious organization’s finances.

Through his lawyer, Larkin has said he did nothing wrong and consistently acted in Davis’ best interests.

Full Article and Source:
Probate Judge OKs Payment for Trustee Under Investigation

See Also:
Public Guardian Possibly to be Appointed Conservator of Heiress

Autistic Adult in Crisis Goes Unnoticed

August 31, 2012

WARNING: Disturbing footage: Mom Discovers Autistic Son in Drug-Induced Crisis, during HOSPITAL stay, while nurses and doctors fail to notice! Patient was given drug Haldol, which is listed on his chart as a drug NOT to give. They gave it anyway. Video illuminates patient abuse and neglect of severely-autistic patients/persons inside hospital and institutional settings. Hospitals are seldom equipped to deal with severe autism and complex medical or behavioral issues.

Source:
Autistic Adult in Crisis Goes Unnoticed

TJ Jackson Granted Permanent Co-Guardianship of Michael Jackson Kids

August 24, 2012

A California judge today made Tito “TJ” Jackson permanent co-guardian of the singer’s children along with their grandmother Katherine, but not without some unexpected drama.

A woman claiming to be the cousin of Michael Jackson showed up in court today to ask the judge to delay the appointment of TJ Jackson as permanent co-guardian of the singer’s children.

Despite a plea from the woman, Debra Jackson, Judge Mitchell Beckloff granted TJ Jackson the motion to share guardianship with Michael’s mother, Katherine Jackson, of the three children.

The judge made the ruling after also considering a letter submitted by singer Diana Ross, in which the singer said she has met TJ and thinks he has good intentions in caring for Michael’s kids.

Beckloff said Ross mentioned in the letter that she is very interested in what happens with the children and that she takes her role in the will as the next guardian in line very seriously.

Full Article & Source:
TJ Jackson Granted Permanent Co-Guardianship of Michael Jackson Kids

Linda Kincaid Reports: Villa Fontana employee laughs at elder abuse

August 21, 2012

Villa Fontana, a San Jose residential care facility for the elderly, prevents some residents from receiving visitors, phone calls, and mail. In a recent interview, Adrian laughed when asked if resident Gisela Riordan would be allowed visitors or phone calls.

Gisela has been isolated from nearly all contact with the outside world for over two years, according to her son Marcus Riordan. Gisela was allowed a 15-minute visit with Marcus in honor of Mother’s Day 2012.

Gisela is a conservatee of the Santa Clara Public Guardian, who has full knowledge of the isolation. Representatives of the Public Guardian’s office refuse to discuss the situation with advocates who call on Gisela’s behalf.

For months, elder advocates have encouraged Villa Fontana to honor residents’ rights. Many advocates have tried to establish contact with Gisela and check on her welfare.

Full Article and Source:
Villa Fontana employee laughs at elder abuse