THE TRAGEDY OF GUARDIANSHIP FRAUD
National Alliance to Dissolve GuardianshipFraudulent Guardianships Uncovered Massive financial fraud scheme detailed Miami, Florida, December 1, 2014:
Dr. Sam Sugar who founded an organization against abusive probate guardianship stated ”Each member of our rapidly growing group has watched in horror as a loved one is taken from them and literally given as a possession to a total stranger who controls every aspect of their loved one’s life and all of their life savings and assets with no oversight”, Sugar says. He adds “Possession of a vulnerable human being strips away all their civil rights and all their assets.
Immediately upon being placed in “guardianship” all assets and possessions of an elderly disabled person is diverted to a total stranger with no license, no credentials and no supervision. The elderly disabled person themselves becomes the possession of a total stranger who removes all of their rights.
Without rights and absent any meaningful oversight, For Profit Guardians and their Lawyers regularly abuse and isolate their victims often perpetrating massive financial fraud on their innocent victims who have done nothing wrong but to age in Florida. It is a massive industry that rakes in billions a year and it is a threat to every senior. Every single one of us with any assets at all will someday be in probate court”.
There are as many as 100,000 guardianships in Florida and could be 5,000,000 or more across the country. Guardians are not State licensed, not trained and have no required medical or financial skills or licenses. They need only pass a 40 hour internet course to be allowed to handle complex medical cases and multimillion dollar estates. In Florida alone the For Profit Guardianship Industry is valued at over 1 billion dollars annually.
Case 2: Kevin Pizzarello, a family member of a victim has summarized observations:
“A guardian who is put in charge of a vulnerable person remains in charge REGARDLESS of the behavior which takes place while they are in control. Any ‘Advanced Directives’ are completely ignored. This is a case where not only the “house wins’, but it victimizes the elderly, their families and depletes their estate for self-serving benefits. The probability that the abusive and financially exploitive outcomes for the families and victims end up the same 100% of the time is not a random event and one that is impossible to ignore.”
Our concerns are for the safety of our loved ones who are trapped in guardianship. We cannot countenance their exploitation, abuse, fraudulent and malicious desecration and the violation of their declared wishes by predatory guardians and lawyers” says Barbara Stone, who has been wrongfully arrested twice just for trying to see and protect her mother who has been unlawfully isolated from her, when her actions, in fact, have saved her mother’s life.
The group reports that the For Profit Guardianship Industry uses the exact same tactics in each of their cases: fraudulent claims to initiate and perpetuate guardianships on vulnerable victims and extort massive fees for their services that are rubber stamped by a complicit Judge. In the process their loved ones, the victims of abuse and exploitation, are forced to pay out of their own funds for the perpetration of their own abuse by the guardians and their attorneys who fight the very family members who are trying to rescue their loved ones with the assets of the elderly person they control.
Fabricated “staged” litigation, cooked books, cruel isolation of a senior person to hide rampant abuse and absolutely no oversight agency to provide accountability has erupted into a crisis.
“We are going public with our stories and demand reform. We must not let the millions of baby boomers a percentage of whom predictably may become disabled over time fall prey to this financial fraud scheme” adds Sugar. We are making this horrific scheme into a movement. We are producing a song, a video and a documentary.
We seek your reporting on and exposing of this scheme to the public.
Subject: Dirty secrets of persons who put on black robes and portend to be “probate judges” but instead are running a human trafficking, money laundering fully fledged racketeering operation under cover of the State Courts.
The black robed persons and their accomplices who operate in an area of the Circuit courthouses called probate don’t want you to know it houses a cartel who represent themselves as guardians, attorneys and judges but are not engaged in legal matters. The Courthouse is their headquarters for human trafficking and money laundering where immoral acts of physical, emotional and mental terror, abuse, financial fraud and vicious retaliation are committed against vulnerable defenseless elderly disabled persons and their families. The fraud scheme works in this manner:
1. A senior citizen / disabled person is railroaded into “guardianship” where their rights are completely stripped and turned over to an unlicensed person with fabricated “credentials” who takes ownership of them.
2. The usual scenario is for the guardian and their attorney to file fabricated statements against family members falsely alleging “misdeeds” with a colluding judge (usually accusations of “agitation” that the abusive guardians cause themselves by administering contraindicated medications with dangerous side effects) in order to obtain a fraudulent court order isolating the victim (disabled person) from their family and their normal life.
3. The fraudulent court ordered separation and isolation of their prey from their family is a KEY element of this crime against humanity. It paves the way for the vicious abuse and theft to occur in secrecy.
4. They are drugged, beaten and brutalized to render them compliant, sometimes sexually assaulted. A person who could be your parent is being tormented, sexually abused and financially exploited by a cartel who operates a human trafficking ring insidiously in the courthouse.
5. The victims are denied their right to an attorney once they are forced into guardianship. Thus, their family frantically file futile pleadings to seek remedies–removal of the guardian, restoration of rights, appointment of an attorney and doctor for their love one, all of which are ignored or denied. Unbeknownst to the family, their pleading are ALL IN VAIN as nothing is going to detract this racketeering ring from accomplishing their goal – draining the assets of their prey. In fact, the petitions only serve to facilitate this goal as the cartel bills their prey for their fraudulent “response” documents and their court “appearances” that are fixed and preordained in advance.
6. The court proceeding are a sham and a pretense where ex parte motions and orders, or tenus proclamations, self-serving “confidential” reports are exchanged. A “wired court” is working hand and hand with an arsenal of self-dealing attorneys, guardians, judges and judicial officers to disseminate the life savings, possessions, home, car and personal property of their prey.
7. Family members are viciously retaliated for speaking up once they catch on to the crime ring that brazenly operates in Courthouses all over the country They have been wrongfully arrested, forced to flee the country, threatened and endangered, become bankrupt, lose their homes and their livelihood defending their loved ones against slander, fabricated and staged litigation reigned on them forcing them to hire attorneys who take their money, while secretly working in collusion with the other side.
8. The entire proceeding is a fraud devised by a wired judge. There is a pretense that a real court proceeding is occurring under American Law and Rules but the only thing really happening is the illegal, criminal distribution of the assets of an elderly person to a fully-fledged racketeering crime ring presided over by a wired sham judge wearing a black robe.
The state “guardian” statutes are a misnomer. They have morphed into a set of vastly conflicting provisions that are utterly ignored. The premise, persons who may have limitations in caring for themselves would be assisted through court oversight, could not be further from the reality. The guardian industry has discovered the obvious: A statute that allows the removal of constitutional and civil rights of vulnerable citizens, the transfer of their assets pre-death to a stranger with no license or substantiated credentials and bans them from having their own attorney is unconstitutional. No other industry is solely regulated by the court-it is not a regulatory agency. No amount of legislation can “fix” an unconstitutional law that allows removal of all natural rights and fails to provide state regulation.
Thus, guardianship has seized on am overbroad, vague, conflicting, unconstitutional statute as a vehicle to establish a covert operation – a racketeering enterprise. A covert operation is defined as one that is so planned and executed as to conceal the identity of or permit plausible denial by the sponsor. It differs from a clandestine operation as emphasis is placed on concealment of identity of sponsor rather than on concealment of the operation. In this divisive scheme, guardianship is the buzz word for court ordered pillaging of assets of elderly and disabled, theft of their identity and their removal from their former life and family by a judge, the undisclosed sponsor, using the 11th Circuit Court as a shield. This cartel of judges, attorneys and guardians are engaged in acts of crimes defined by the FBI who has failed to enforce its law enforcement mandate.
We call for their arrest and indictment. We call for impeachment of these judges. Michael Genden, one of these miscreant judges in Dade County Florida by abuse of power and color of law abuse placed an elderly person in human ownership of a guardian with a known pattern of exploitation and abuse and her attorney who was found guilty of crimes by the 3rd DCA. Michael Genden’s actions caused a elderly woman to be terrorized and almost die from aggravated abuse in his court. He orders this defenseless victim to pay an army of attorneys and accountants who act against her interest. She pays for her own abuse.
Michael Gender has repeatedly entrapped her daughter for speaking up about her mother’s abuse. He has orchestrated her arrest for publically exposing his orchestrating her mother’s abuse to financially benefit the perpetrators of her mother’s abuse. He issued contempt orders that he admits were the result of fraud by the attorney who was found guilty of crimes yet this unfit judges acts in concert with him.
This calls for the impeachment of Michael Genden, the voiding of his self-serving orders that empower him to enrich his cohorts that are viciously abusing, retaliating and discriminating against an 87 year old woman and her daughter and inhumanly defying her wishes to be with her daughter. This will request your support to impeach Michael Genden and vacate his void orders.
Florida has been reported the most corrupt State by Huffington Post. The proclaimed “probate judges” are engaged in heinous crimes that shame the judiciary and are protected by other judges and law enforcement who close ranks in an immoral cloak of secrecy and breach of fiduciary duty.
We seek indictments and arrests of these judges who are running fully fledged racketeering operations.
Case 3: The Next Huge Ponzi Scheme That Must be Exposed
We are family members from all over the country whose parents and loved ones who have been taken from us by a court system gone terribly awry and a gulag of predators known as “Adult For Profit Guardians”. Their lives have been snatched and controlled by predator strangers and their lawyers who abuse, isolate, drug and restrain our vulnerable defenseless family members in order to steal their assets. Greed, corruption and abuse of power by judges and a predatory For Profit Guardianship industry has erupted in a society that has become lawless and tramples the lives of defenseless adults and their families.
The For Profit Guardianship Industry intrudes into the lives of families who find themselves in a court arena known as “probate court,” a scandalous, merciless breeding ground of corruption often orchestrated by miscreant judges. These courts are supposed to carry out laws designed to protect persons placed in guardianship. Thus family members of a person in a guardianship enter this court under the wrongful impression that they will receive justice in this court. However, “guardianship” laws are universally ignored in probate court and are likely unconstitutional.
The For Profit Guardians are total strangers to the “ward” and their family. They prey on persons with significant assets or are parties to settlements that will result in a monetary award such as a malpractice suit or other action that will result in settlement funds. The guardians themselves can then petition in probate court for guardianship after ferreting out an unsuspecting victim.
Guardians can also surface by way of an appointment by a “probate judge” when an unsuspecting family member brings a guardianship action to try to find resolution to family dissension over the care or assets of a parent or other loved one. In these instances, a For Profit Guardian, an un-vetted stranger to the family who is waiting to pounce on their next victim is appointed without their consent by a miscreant judge masquerading as an officer of the law.
A professional guardian then gets control of their victim’s money, their assets, their possession, their home, their care and their personal property by alleging they can no longer manage their affairs or are in some kind of imminent danger or unduly influenced and therefore in need of the court’s “protection”.
Once a “guardian” is appointed, the care and assets of the person placed under their control is transferred pre-death to this complete stranger, a person who has no state license, no regulation, no oversight and no accountability. Guardians actually own the “ward” as their property by law and are free to do with them as they please with little or no oversight. Absent safeguards and oversight it is no wonder the guardianship industry is rife with corruption, greed and abuses.
Even more incredibly, in the ultimate injustice, the victim pays the court cost and fees of the predator guardian and their attorney for this charade of justice.
The heinous crimes of The For Profit Guardianship Industry are brazen and carried out in open sight as they have no fear of repercussions. With trivial meaningless oversight by a judge who often apparently acts in concert with them to condone their misappropriations, it is easy to predict the unlawful fraud and greed that abet one another and are blessed by the court sworn to protect their innocent vulnerable victims, The guardianship statutes, as originally enacted were intended to protect the indigent among us. They were not intended nor could they constitutionally be applied to circumvent the distribution of assets by testators to their heirs by a pre-death transfer of assets to unlicensed, unregulated persons who operate under color of law abuse, a crime as defined by the F.B.I. With the passage of time and the increasingly evident moral decay of the courts, the outdated, archaic, draconian statutes governing guardianship has morphed into a convenient and impenetrable and extremely lucrative scheme for deceitful lawyers, fraudulent guardians with fabricated credentials and colluding tactics against defenseless adults and seniors who themselves are afforded no presentation under this shameful and immoral statute.
Guardianship is a clearly immoral, illegal, penal system masquerading as law that is cleverly contorted into a brazen opportunity to embezzle the life savings of a citizen of the United States and disinherit their heirs orchestrated by a predator profit and fee driven lawyers and predatory guardians who operate with no real credentials, have no license, no specialized or continuing training, no supervision and no accountability.
The guardianship system is nothing more than a monstrous, MASSIVE criminal racketeering scheme engaged in human trafficking as defined by the F.B.I. and money laundering. It is a preposterous fraud perpetrated by fraudulent guardians, colluding attorney accomplices and miscreant judges in a charade court on the order of Bernie Madoff’s Ponzi scheme but vastly larger. It is more brazen and subversive as it has cunningly attached itself to the courts to appear to operate under color of law.
There is a pretense that a lawful proceeding is taking place but the only thing that is occurring is the criminal deprivation of the assets of a disabled, elderly adult by a wired and scamming judge who is working hand in hand with predator attorneys and guardians. These are adult predators committing criminal acts on elderly disabled adults. Just like child molesters, they must be arrested and indicted and their names registered on a predator adult list that must be enacted into legislation.
This deviant scenario is played out all over the country.
The Guardianship industry assume free reign to engage in these atrocities because the guardianship statutes strips adults, seniors and the disabled of nearly all of their rights. Once under guardianship, a person has fewer rights than a criminal:
The right to marry, vote, apply for government benefits, have a driver’s license or identification, travel, contract, seek or retain employment, sue and defend lawsuits, manage property, make any gift or disposition of property, determine their residence, consent to medical and mental health treatment and make decisional about social environment or other social aspect of their life are all STRIPPED.
Any health care surrogate, durable power of attorney or pre-need guardianship is nullified and the laws protecting those advance directives are trampled in violation of state and Federal statutes.
Guardianship is all about money. If a person has no assets and little income, they are safe from the pain of adult guardianship. But, imagine the effect of giving someone unlimited and unsupervised access to your money with little or no oversight. Imagine having someone determine every aspect of your life. A person does not necessarily have to be old to be a target.
If family members try to fight this system, the court allows the guardian to use our loved one’s money to fight us. In essence our loved one is being forced by the court to pay for their own abuse of out the rightful inheritance of their heirs—all in order to “protect the ward”—when in fact the ward and the entire family are being legally robbed and attacked with nowhere to turn for help.
Our loved ones suffer heinous crimes. They are routinely isolated from us. If we are permitted to see them, many of us are denied our familial right to hug and embrace our loved ones. Our loved ones are routinely drugged and overmedicated to render them incoherent and compliant. Our loved ones are routinely denied food and services as it is becoming a frequent practice for guardians to force them to have a feeding tube implanted so their care needs are minimized and their assets can be stockpiled and distributed to the “guardian” enterprise who is perpetrating these atrocities.
We, their family members are victims ourselves. As we have banded together to combat this corruption, we have found that a pattern or playbook drives this criminal enterprise. Each of our stories of abuse contain essentially the same elements:
All to no avail---and as the Baby Boomers age and develop dementias, the problem grows rampant and the abuses proliferate. There are already hundreds of thousands of victims who are isolated from their families, lost their life savings, their constitutional rights and prematurely lost their lives as a result of being victims of abuse in this grotesque scam. Exactly how many is hard to say as all records in Guardianship are illegally sealed and secret. But we know there are at least 7,000 active guardianships in Miami Dade and between 75-100,000 in Florida.
Across America, and particularly in Florida, with its many retirees, The For Profit Guardianship Industry is infested with abuse and fraud. Florida is no longer the sunshine state. It is a dark and dangerous place for unsuspecting adults, seniors and retirees with assets.
A MetLife study calls elder abuse the crime of the 21stcentury. As early as 1985, elder abuse was called a “national disgrace” by the U.S. House of Representatives, Subcommittee on Health and Long-Term Care of the Select Committee on Aging. In December of 1987, Congressman Claude Pepper and the 100th Congress wrote Guardianships in America: a National Disgrace. In 1997, Mark D. Andrews wrote: The Elderly in Guardianships: a Crisis of Constitutional Proportion. More than a quarter-century after the subcommittee report, it continues to be a national disgrace and a breeding ground for subversive activity.
Money Magazine refers to the "gulag of guardianship" and calls it "a national disgrace." It is a system riddled with abuses. It will, if possible, get even worse as baby boomers provide a stream of new victims.
Once judged incompetent and placed under a conservatorship [or guardianship], a citizen becomes a nonperson, with fewer rights than a convicted felon in a penitentiary. — Robert Casey, Editor, Bloomberg Wealth Manager We are in a crisis.
Our stories tell of looting, scams, concealment, high crimes, judicial deceit, wrongful arrest and house arrest, expatriation, witness tampering, retaliation, isolation of our loved ones, orchestrated litigation and other state abated crimes. We wonder- How can this be happening in the USA? The unsuspecting public must be warned of this growing powerful menace. The dangerous, inhumane racketeering Guardianship Industry must be exposed.
Our stories are Pulitzer Prize winning material seeking a blockbuster expose. The public must be made aware of this scandal. We are victims and advocates locally and nationally who would like to make this story public. We seek to provide exclusive details of our riveting stories and can be contacted below.
Contact Information:Doug Franks 678.570.3010 firstname.lastname@example.org
Teresa Lyles 352.219.5166 email@example.com
Patty Reid 954.253.5416 firstname.lastname@example.org
Kevin Pizzarello 941.735.1874 email@example.com
Robert Sarhan, MD 305.338.6160 firstname.lastname@example.org
Angela Woodhull, PhD 352.219.6994 email@example.com
Barbara Stone 212.994.5482 firstname.lastname@example.org
Skender Hoti 561.385.6390 email@example.com