Wednesday, September 22, 2010
MY BEAUTIFUL MOTHER YVONNE SARHAN WAS MURDERED BY HER GUARDIAN VICKI BRAIL, DR. STEVEN LESLIE KAPLAN AND JUDGE CELESTE MUIR AND OUR GOVERNMENT LET IT HAPPEN
After a 7 year battle the Guardian Vicki Brail murdered my mother with the mediccation called Seroquel. She paid Dr. Steven Leslie Kaplan, a psychiatrist here in Miami to put her on Seroquel to end her life. However, before ending her life the Judge, Guardian and Attorneys have robbed our estate and stole well over a million dollars. After repeated attempts and 7 years of traveling the country trying get government help to stop her murder, I could not save her. After meeting with the Miami Dade County Police, the FBI, Charlie Christ in November of 2008, meeting with Congressman Mario Diaz Balart, Lincoln Diaz Balart, and meeting with many other government officials who would do nothing, my mother died in her own home due to sudden cardiac death caused by Seroquel, an antipsychotic medication she should of never been on but was forced to take 400mg per day, according to Dr Steven Leslie Kaplan, he was treating her for insomnia. I want to tell you about the CIA showing up at my home and the struggle to save my mother's life, when I knew this was going to happen after they stole the bulk of our estate. I guess I was so excited that President Obama got elected, I thought CHANGE was going to free my mother from this overwhelming corruption in our Probate Courts. I want you to know that I will not stop my crusade to stop elderly abuse and exploitation, I will not stop until these criminals are in prison and the family's get complete restitution, not only for the money they stole, but for robbing our parents of their lives and robbing the family's of their lives as well.
For 7 years of my life, I fought for the freedom of my mother Yvonne Sarhan, a 72 year old woman who was fully competent, ruled incapacitated by a dirty Judge named Bruce Levy. Even though we had two medical reports that showed she was fully competent, Judge Bruce Levy Stated, "She is not Competent until I say she is Competent, Denied." From that time forward, I knew something was very wrong and the corruption was not only at the Guardian and Attorney level, but I now knew that the Probate Judge's were involved in this Conspiracy to Extort Billions of dollars from the elderly people here in South Florida and around this country. However, I cannot only put blame on these criminals but my brother played a major role in putting my mother in this position. My brother Tony has always been a theif and stole from my father's gas station, but when my father died and the gas station was turned over to him by his manipulation of lawyer William Harris, he then started to steal from my mother. Even after I spoke with William Harris about the 100,000 dollars my brother stole from my mother he did nothing. Then after 300,000 dollars, I moved in with my mother after her request and left my home. Her exact words were, Robbie your brother is stealing all my money, please come and live with me take care of me and our home, which I did. Soon I found myself stuck in a guardianship case that was one of the most corrupt guardianship cases in this country where attorney Enrique Zamora was representing my mother and the guardian of my mother at the same time. This was the lady we were fighting in court, an adverse party and Enrique Zamora was representing her in other cases at the same time representing my mother. Yes, a conflict of interest and a violation of due process. Enrique Zamora denied representing my mother and the guardian Barbra Reiser at the same time, but we had certified documents to prove he was lying, yet Judge Norman Gerstein said, "Well Dr. sarhan, I will have to check with the Florida Bar to see if this is a conflic of interest or not" he then recuses himself and does not rule. Judge Bruce Levy recused himself as well.
More to come soon Robert Sarhan, MD 305-338-6160
Sunday, June 6, 2010
Sunday, May 30, 2010
Posted: 27 May 2010 05:33 PM PDT
Danny Tate’s conservatorship comes to an eruptive end in a Nashville courtroom — but what has he really won?
The War Between the Tates
May 27, 2010
The raucous scene in Judge Randy Kennedy’s Probate courtroom last Monday morning scarcely even called to mind an official chamber. Typically, the staid courtroom where final wills and estates go on indefinite life support is muted and somber. Today, it resembled more closely the local rock joints used to play in the 1980s.
Women wearing sandals and denim capris sauntered in and out of the room, where an aging rocker in acid-washed skinny jeans sat with the letters L, U, S, and T tattooed on his knuckles. Throughout the gallery, a woman circulated like the merch chick at a Mercy Lounge show. She brandished a T-shirt, draped across her arm, which bore the same message seen on row after row of supporters: “FREE DANNY TATE!!!”
The mood was completely different from last December, when an attorney for the Nashville composer, songwriter, former pop-rocker and recovering crack addict had pleaded for him to be restored control of his life. But the strange assortment of spectators wasn’t the only thing that had changed. Over the months since, the case had become a cause célébre detailed in a Scene cover story (”Court-Ordered Hell,” Jan. 21, 2010). Now there was a TV camera, its lens and the eyes of its viewing audience trained on Judge Kennedy. There was even an observing member of the disciplinary counsel for the Tennessee Court of the Judiciary, who requested anonymity and would not speak on the record.
Tate himself, with nine months of hard-won sobriety under his belt, sat composedly in a smart dark-gray suit, his face clean-shaven, his hair neatly parted. After nearly two and a half hours of testimony — and two and a half years of incredibly expensive legal warfare — Judge Kennedy spoke.
“He’s the captain of his ship,” the judge said, as the room held its breath. “He’s the master of his own destiny. The conservatorship served its purpose, and no longer serves a purpose.”
The supporters in the gallery erupted. They shattered the measured quiet of the chamber, like extras in some bad courtroom drama. But one person didn’t seem to share the joy. As his supporters pressed in, a weary smile turned the corners of Danny Tate’s mouth.
“It’s a little bit of an empty feeling right now,” he said.
If the fruits of this long legal slog feel hollow to , there’s good reason. Seven months ago, Danny Tate was on the run, living out of cheap motels, fearing the writ of body attachment issued by Judge Kennedy that could lock him up in a Vanderbilt psychiatric ward. He had been fighting the system for more than two years. His brother David, president of a successful Memphis product promotions company, was named conservator of Danny’s estate in October 2007 — after he convinced Judge Kennedy that his brother was a crack addict so desperate he was facing death.
It’s inarguable that Danny Tate was in bad shape back in 2007. The preacher’s son turned hunky ’80s rocker had squandered tens of thousands of dollars on the drug, along with much of his early career promise. David says he was alarmed by his brother’s health. Danny, he said, had always done a good job of hiding his addiction from others. But now he was gaunt, his face drawn, his belly distended. Speaking today, says he couldn’t just watch his little brother kill himself.
Mental health care professionals say that a brother or sister, however well-meaning, is often the worst candidate for control over situations like Danny Tate’s. They argue the accumulated resentments and complex (if not downright contentious) familial relationships can cloud judgment and hurt all involved.
Yet David Tate says he had nothing but the best intentions in seeking conservatorship over his brother. He tells the Scene he simply wanted to cut Danny’s access to quick cash for crack — a life-saving measure, in his eyes.
Without the due process owed Tate by the Fourteenth Amendment, a legal arrangement akin to civil death was granted. It gave David control over Danny’s sizable nest egg and investments totaling roughly $600,000 — along with his property and his ability to enter into contracts and make his own medical decisions.
Danny told the Scene once that he would only be set loose from the conservatorship after his assets were drained. Intentionally or not, it turned out to be technically almost true. While those wearing crisp T-shirts bearing his name cheered and smiled the smiles of unequivocal victory, it was hard to see any reason for celebration beyond his release from the conservatorship.
Danny’s investments and nest egg are all but spent. They’ve been depleted over the past two and a half years — by his living expenses, by the 2008 stock market crash, by the crack he was consuming in the conservatorship’s early days. Most gallingly, they’ve been drained by attorneys’ fees on both sides of the fight — which, thanks to an increasingly controversial legal quirk, were all paid out of Danny’s pocket.
Depending on whom you ask, it’s difficult to ascertain to whom the victory belongs. His supporters suggest that when Kennedy declined to grant a final hearing on his case, Danny won by seeking interlocutory appeal, forcing the issue. They say that when psychiatric reports showed Danny was clean and sober — on the word of the very doctor the court had ordered him to see all along — there was no excuse left to keep the conservatorship in place.
But in David Tate’s eyes, the winner was the system trying to help his recalcitrant brother, as much as he fought it every step of the way. And in his brother’s estimation, Danny didn’t get much for the money he spent fighting it.
“Wanna know why Danny’s free today?” David asked the Scene. “He went to the psychiatrist and had the evaluation that the court had ordered two years ago. Then the evaluation came back and he’s got personality disorders, but he’s been clean and sober for nine months. He’s capable of handling his affairs. Those two things in the last 10 days were all that was ever needed.
“If Danny had cooperated, he’d have been out of this thing a long time ago.”
That claim brings into focus the Catch-22 at the heart of Danny Tate’s legal woes, now being echoed in similar cases across the state. The absence of process served to Danny at the outset was troubling. So was the ease with which he was made a ward — a state in which a man legally becomes a cipher, a nonentity with no say over his assets. Legal scholars have long warned of the hazards of such deprivation.
So if the ward believes this is wrong, does he fight it (as is his right) with everything he has — which will only double the rate at which he loses his assets? Or if the ward is as sick as Danny was, should he comply? Should he see the psychiatrists? Should he submit to the drug testing? Should he cooperate? There’s an argument to be made, and David would undoubtedly make it, that Danny would be better off if he had.
But as the proceedings grew more contentious, Danny never believed they’d let him go. At least not if he had anything left. And, in fact, the court seemed not to heed the warning of the chief physician at a rehabilitation center where Danny was treated for a month. The physician said the sibling-controlled conservatorship was corrosive, venomous and not at all conducive to Danny’s recovery. Yet the court persisted — causing some to question whether Danny’s best interest was ever even a concern.
At times, Danny seemed to flourish despite the conservatorship, flouting the court orders for testing and treatment, intercepting royalty checks and blazing his own trail to sobriety while sticking to the 12 Steps. David, on the other hand, said his brother wouldn’t have been able to do any of that if he’d had access to his drug money. Danny, he asserts, would be dead now.
There is one group, however, that emerges from this story as a clearcut winner: the attorneys. Paul Housch, David’s attorney for the conservatorship, has billed roughly $100,000 since October 2007. Danny’s attorney, Michael Hoskins, has also run up an expensive tab since he was hired in the fall of 2008 — nearly as much as Housch. At the moment, to pay them, Danny faces the prospect of selling his already flood-gutted Bellevue home.
Perhaps saddest of all, there is also a clear and possibly permanent loser: the relationship between the Tates. As David left the courtroom, the brothers did not look at one another. They did not address each other, or mutter even a perfunctory greeting. David said he is willing to mend the fences. Danny isn’t ready to countenance reconciliation. Instead, he says he intends to file a lawsuit against his brother, Housch and, if possible, Kennedy. For now, the brothers remain locked in a kind of détente. One insists he saved his younger brother’s life. The other insists his older brother tried to take it away.
As Danny left the courtroom Monday afternoon, with one fight finished and another looming, it’s no wonder he was one of the few not sharing in the jubilation. Money clearly wasn’t the only thing he’d lost over the past two and a half years. Now it remains to be seen if Danny Tate will ever be truly free.
|You are subscribed to email updates from Estate of Denial |
To stop receiving these emails, you may unsubscribe now.
|Email delivery powered by Google|
Sunday, May 23, 2010
PHOENIX - Many people move to Arizona for the weather and recreation because it's considered a haven for retirees who want to live out their golden years. But something else is happening here - something haunting.
For Clair's mom, Gloria Horrigan, it was a nightmare.
Clair said her mother was taken to a nursing home against her will and not allowed visitors, not even family.
“It's sickening...It really truly is sickening,” said Clair.
It was a struggle for Robert Brown to bring his wife, Rosemary, home.
She was also taken and within a matter of weeks, the family wasn't allowed to see her either.
What happened in both cases started in a Maricopa County Courtroom - right in front of a judge.
Both Rosemary and Gloria had health issues that made it hard on their families.
Families can't force a loved one to get help, but a guardian can.
That's why their cases ended up in probate court, which hears issues on care for vulnerable adults.
The court approved a guardian in both cases. And both times, the guardian was Sun Valley Group of Tempe.
Their website states they offer "support for client's physical, social, emotional and mental health."
As part of their service, Sun Valley Group also took care of Gloria's personal finances.
But Clair said her mom did not get proper medical treatment and her bills weren't paid. Gloria's house went into foreclosure.
“I’m physically sick from seeing what they've done to my mother. My family, my children, everyone has been affected by this,” said Clair.
Rosemary had a similar story. She was depressed and refused medical care.
Her husband Robert needed help, so he said he agreed to let Sun Valley Group take Rosemary when they promised to make sure she got treatment.
But Robert said under the company's care, she never did, so now family friend and doctor, Marge Butler, is Rosemary's guardian.
“The bills were now coming at a ferried pace,” said Marge.
In total, Marge said the family spent over a $100,000. That was for just four months of Sun Valley Group's care.
It ended when the nursing home thought Rosemary was dying. They finally allowed the family to see her.
As for Gloria, Clair said the company seemed much more interested in her mom's money than her health.
Gloria's final bill was just under $500,000 and included charges for an employee to open her mail at $75 an hour.
“They are supposed to be her guardian and are supposed to be like her parents and look out for her best interests,” said Clair.
After repeatedly being turned down for an on camera interview, The ABC15 Investigators went to Sun Valley Group's office.
They asked us to leave.
We then caught up with the owner of Sun Valley, Peter Frenette, at a county courthouse.
He was leaving a probate hearing involving fees from a different case. Even after several questions, Frenette would not comment.
The ABC15 Investigators have found more issues plaguing Sun Valley Group.
Frenette's wife, Heather, is co-owner, but she is being investigated by the Arizona nursing board.
The Maricopa County Sheriff's Organized Crime Unit is also investigating Sun Valley Group.
By state law, both investigations are secret.
We also discovered three multi-million dollar lawsuits filed this year against the company for fraud and racketeering.
Grant Goodman is the attorney for three former Sun Valley Group clients.
“It's more of a criminal enterprise,” said Goodman, “They need to be prosecuted.”
He claimed to find a pattern with these cases.
“They effectively medicate them to such an extent that they really are non-functional,” said Goodman, “And they do that while they're liquidating their assets.”
The three lawsuits also blame probate court.
“The mob isn't this efficient, nor does the mob have the luxury of having a court rubberstamp these proceedings,” said Goodman.
Goodman is not the only one who thinks that way.
Last month, the Arizona Supreme Court issued an Administrative Order to investigate probate court. One of the issues is regulating fees.
Now, Rosemary is back with her family and doing well. She is getting the treatment that she needs.
“We just plan to enjoy life,” said Robert.
Sun Valley Group filed motions to dismiss with the three lawsuits shown in this investigation.
Neither Gloria nor Rosemary has filed a lawsuit.
If you would like any further information on guardianship, visit one or more of these websites:
National Guardianship Association offers a Model Code of Ethics, Standards of Practice and answers to basic questions 877-326-5992.
Center for Guardianship Certification has a directory of certified guardians who have taken a test, agreed to abide by ethical standards, and not been disqualified for prior conduct.
For in-depth reports on guardianship, visit AARP’s Public Policy Institute, or the American Bar Association’s Commission on the Law and Aging.
Saturday, May 22, 2010
AVOID Conservator LINDA BANTA & Attorney LAURA SPEASE if you care about your loved ones at all! In fact, do WHATEVER you can to prevent a loved one being placed under a guardianship or conservatorship!
Some years ago my elderly parents were forced into a California conservatorship (known as guardianship in most states) by a sibling when they had become unable to care for themselves. Because I lived out of state California law prohibited me from being the conservator, so I agreed to the conservatorship because I innocently believed that the county Court would oversee how my parents’ estate was spent carefully, assure responsible management of their health care and emotional well-being.
NOTHING could be further from the truth!
Linda M. Banta came highly recommended by an attorney, MARGARET HAND, who I now realize is in on this business of taking the elderly for all they've got while disregarding their stated wishes and emotional needs. At the time the Court allowed Linda Banta to take 1% of the estate each year so she had the properties appraised at high value.
Now the Court rules dictate she charge $115/hour [which equals $239,200/year] and she is certainly not very competent at handling many of the tasks her fiduciary role requires. She doesn't even oversee the care herself, but hires Geriatric "Care" Managers, one of whom, AMY PIERI, charges $115/hr; another, CHRIS HENDRICKSON is also paid at such lucrative rates. Neither Linda Banta or LAURA SPEASE have any respect for family who actually CARE about my parents and Laura Spease even violatd my rights when her office fail to mail notice that the court requires that would provide me knowledge and the ability to respond to their actions, as required by law.
They restrict family visits despite my parents' BEGGING to be able to see me more. I'll spare you the details as there are THOUSANDS of stories exactly like this across the country. In fact, the Senate is holding hearings soon, so make a report to the Government Accounting Office if you know of any. Call Sandra Moore at 202-512-4910 at GAO.
If you are considering guardianship or are already involved with one that is abusive, look at websites such as www.EstateofDenial.com or Janet Phelan’s work on www.ScamRaiders.com to discover how the courts are allowing incredible exploitation of seniors and the disabled.
Find another alternative -- a trusted family friend, a cousin, ANYONE who is not a part of this racket. Their main predatory interest is MONEY, so if you or anyone you care about has substantial assets (over $100K), BEWARE!
I have protested the excessive expenditures in every aspect of Linda Banta’s work, but the Court totally disregards all my statements. In many states is it not necessary to have anything but hearsay to "prove" incompetence.
Texas legislators are being confronted by the fact that courts there hold secret hearings where the involved parties are not notified and not present. No, I'm not paranoid.
This is all true. Most people can't believe this gulag is happening in this country.
Sadly, I, too, was once Innocent.
Sheila Burke, Associated Press
May 21, 2010
NASHVILLE, Tenn. – A court stripped away songwriter Danny Tate’s control of his life — removing his right to make his own legal, financial and medical decisions — at a last-minute hearing he didn’t know about and didn’t attend.
With the drop of a gavel, the Nashville musician who’d written a top 10 hit and was making around $125,000 a year writing music for TV shows was declared mentally disabled and in need of someone to manage his affairs. The decision was made at an “emergency hearing” with no medical testimony and no lawyer to represent Tate’s interests.
When Tate finally got his day in court three weeks later to challenge allegations that he was in the grip of a life-threatening drug addiction, the judge refused his request for a lawyer and he had to represent himself.
He was again declared disabled, handcuffed and put in a locked psychiatric facility for six days.
“What they’ve done to me is wrong, and it shouldn’t ever happen to anyone again,” the songwriter said.
Advocates for people declared legally unfit to manage their own affairs say the songwriter’s case is a troubling example of abuses found in the courts nationwide.
Among the problems they see: people stripped of their rights on questionable evidence, deprived of a lawyer, subjected to emergency hearings when there is no true emergency and losing their life savings.
Such complaints prompted the U.S. Senate Special Committee on Aging to order an investigation into the concerns. That investigation is currently being conducted by the U.S. Government Accountability Office.
In Tennessee, a person who manages the affairs of a disabled adult is called a conservator. Other states call these people guardians.
Tate, 54, says what was done to him at the emergency hearing Oct. 23, 2007, crippled his ability to mount a defense in a yearslong legal battle to restore his rights.
Davidson County Circuit Court Judge Randy Kennedy named the songwriter’s older brother, David Tate, 60, as his conservator. That gave the older brother access to the younger brother’s savings — more than half a million dollars — to pay for the lawyers to keep the conservatorship in place. In effect, Danny Tate has been forced to pay for the legal fight to oppose his own legal claim.
About the only thing the brothers can agree on is that Danny Tate was addicted to crack in 2007 and is now clean and sober. The addiction was bad enough that the songwriter granted his brother temporary power of attorney to pay his bills while he went into drug rehab.
“He was trying to kill himself with crack,” the brother said.
Danny Tate was one of the writers of “Affair of the Heart,” a top 10 hit for Rick Springfield in the ’80s. He made most of his money writing music that appears during segments on popular TV shows, including “The Ellen DeGeneres Show,” and “Entertainment Tonight.”
The son of an Arkansas minister, Danny Tate had wrestled for much of his life with alcohol and cocaine. He had made repeated but failed attempts to get a grip on his addiction when court proceedings began against him in October 2007.
That was when David Tate filed a court petition claiming his brother was spending between $500 and $800 dollars a day on crack.
David Tate asked the judge to appoint him as Danny’s conservator, to help him get treatment and preserve the songwriter’s assets. The brother filed a statement from one of the songwriter’s financial accounts showing large withdrawals of funds.
An attorney who now represents Danny Tate said the petition that led to the emergency hearing was based entirely on unsubstantiated allegations by the brother.
“It’s scary,” Michael Hoskins said. “All you’ve got to do is make the allegation” to force someone into a conservatorship.
Being a drug addict or alcoholic alone is not grounds enough to be declared mentally incompetent, legal experts say. The question is whether the addiction was so disabling that he could no longer manage his own affairs.
Danny Tate, a tall man who chain smokes and now lives by the credo of Alcoholics Anonymous, maintains that he was a functioning addict and was not in a crisis so severe that a court would have grounds to hold a hearing without him and strip him of his rights.
He said there were no claims that he’d ever been arrested, overdosed on drugs, been committed to a psychiatric ward or hurt anyone. Only that he’d been spending lots of money on drugs and his brother feared his habit would kill him.
His case, Danny Tate says, should serve as a stark warning about how easy it is to have someone declared disabled and should be chilling to anyone in Nashville’s music industry with an addiction and some money.
“If this could happen to me, they’d have to bust 75 percent of Music Row and go down before Randy Kennedy for a mass conservatorship hearing,” the songwriter said.
He is gearing up for a May 24 hearing to determine whether he is competent to take charge of his life again.
This time he’ll have a lawyer.
The upcoming hearing was ordered by the Tennessee Court of Appeals in December after the songwriter argued he was entitled to a chance to get out of the legal arrangement or appeal it.
David Tate won’t say whether he will ask the judge to keep him in charge of his brother’s affairs. He maintains that he stepped in to save his brother’s life.
More than $200,000 has been spent on legal fees so far, court records show. The upcoming hearing is expected to eat up thousands more.
Court records show that Tate had more than $600,000 in a money market account and was receiving about $125,000 a year in music royalty payments when the court proceedings began.
He will likely be in debt after the hearing, Hoskins said.
Unlike other court battles where each side pays its own legal fees, in a conservatorship proceeding a disabled person who has money pays for both sides. Every time Danny Tate’s brother files a motion it comes out of Danny Tate’s life savings.
“That’s the worst part of it. They’re paying these people to harm them,” said Elaine Renoire, president of the Indiana-based National Association to Stop Guardian Abuse. The organization is supporting the songwriter in his legal battle.
David Tate, who runs a corporate logo and merchandising company in Memphis, is not accused of trying to enrich himself at his brother’s expense. However, the outright theft of assets or questionable billing practices by lawyers and guardians has long been a concern of advocates and is part of the GAO study.
Renoire says she has no idea how prevalent guardian abuse is because the records simply don’t exist. Many courts don’t keep records on how many of these cases they have.
A December 2007 report by the U.S. Senate Special Committee on Aging found numerous problems with conservatorship cases nationwide despite reforms specifically pointed to emergency hearings. “Emergency appointments, by their nature, immediately deny prospective wards their due process,” the report said.
The AARP says people often aren’t offered sufficient legal protections.
“Due process in the guardianship system has always been a substantial concern,” said Sally Hurme, an attorney and senior project manager with the AARP.
The organization recommends granting the allegedly disabled person the right to come to a hearing, requiring notice of an emergency hearing and an explanation of the emergency, and mandating that a lawyer always be appointed as an advocate for someone said to be disabled.
Hoskins said he believes Danny Tate’s case never would have gotten this far if Tate could have gotten a good lawyer from the start.
Unlike the right to counsel in criminal cases, the right to a lawyer in civil cases like conservatorship proceedings is not constitutionally guaranteed.
But that doesn’t mean it shouldn’t be, said Chris Slobogin a Vanderbilt University Law School professor who is an expert in mental-health law.
Video Update, AP Story on Danny Tate Conservatorship
Video update, AP story on Danny Tate conservatorship
Posted: 21 May 2010 08:44 AM PDT
Here’s a video just posted by Kevin Montgomery regarding this weekend’s events in Nashville.
The Free Danny Tate Awareness/Flood Relief Concert Lineup and special message to supporters
Additionally, the Associated Press hit the wire today with a story on Danny’s case. It has been picked up by numerous outlets and will undoubtedly continue popping up in publications for the next days.
Saturday, May 15, 2010
Please Help Stuart Rosenkrantz stay out of a Guardianship, the Judge's, Attorney's and Guardian's are trying to Steal all His Money
In Florida all it takes to lose your rights is for three strangers to decide you're not competent. Tonight a South Florida man is challenging the guardianship system. Investigative reporter Carmel Cafiero has his story in this special assignment report.
WSVN -- Sixty-four-year-old Stewart Rosenkrantz landed in a wheelchair decades ago, after a car accident, but he hasn't let that stop him from enjoying life. His still pictures are so special he's sold them. His money management is so good he owns his home and doesn't owe anybody anything.
Edward Dinna, Attorney: "Mr. Rosenkrantz is the only fellow I know that doesn't have a debt."
Attorney Edward Dinna represents Stewart. They're fighting a move by a family member that could cost Stewart control over his life and his finances. It started with this, a petition filed in Broward County that claims Stewart is being unduly influenced by his roommate. A claim Stewart and his attorney deny.
Edward Dinna: "Not only are they trying to appoint a temporary guardian, but they're trying to serve subpoenas on all his banking and financial institutions to find out just how wealthy or not he is."
Three court appointed members of a committee met with Stewart and he can own a gun, he can drive his van, but he can't manage his property. He says it's all about getting control of his money.
Carmel Chaffier: "What did you think?"
Stewart Rosenkrantz: "Well I know what they were after."
Carmel Chaffier: "Were you mad?"
Stewart Rosenkrantz: "Mad as hell."
Stewart is challenging the findings and so far still has control of his finances. The court appointed examining committee is made up of three members. A social worker, who decided Stewart is at risk for financial exploitation, a psychologist, who said his thought processes have a paranoid flavor and a medical doctor who said he was a vulnerable easily persuaded and gullible individual. All this after spending just a few hours with Stewart.
Stewart Rosenkrantz: "I didn't even know what the guardian program was and then all of a sudden I'm going to be subjected to that?"
The report from the committee's medical doctor quotes his family doctor, but Stewart's personal physician says she's never talked to that doctor about Stewart.
Dr. Anne Blenke: "I've never had a consultation with him on any patient."
The report says Dr. Anne Blenke told the committee member Stewart, "tends to neglect his medical needs."
Dr. Anne Blenke: "No. I did not."
That he is, "vulnerable and at risk".
Dr. AnnE Blenke: "I would never make a statement like that to anyone."
The medical doctor who made the report turned down our request for an interview. Stewart meanwhile, is convinced he's being railroaded.
Stewart Rosenkrantz: "I decided it was against me all the way that it was predetermined it was just for the money."
In fact, he is has been so worried about what will happen next, he spent months in Puerto Rico at a home he owns there.
Stewart Rosenkrantz: "We were like fugitives, just felt like it. Four and a half months in Puerto Rico. Even though it's a beautiful place, you get tired of it, you want to come back but you're afraid to."
And he says he may go back into hiding until he can have his day in court. Although hearings on guardianships are usually closed door proceedings, Stewart says he will ask the court to allow our camera in for his case.
IF YOU HAVE A STORY FOR CARMEL TO INVESTIGATE:
Friday, May 14, 2010
Monday, May 3, 2010
IF YOU HAVE BEEN A VICTIM OF GUARDIANSHIP FRAUD OR IF THE JUDGE IN YOUR CASE WAS DIRTY, PLEASE WRITE ME
For years Judge's, Attorney's and Guardian's here in our Probate Courts here in Miami and around the country have been having competent elderly people being ruled incapacitated, strip them of their Civil Rights and go in and steal all their money, their homes and in many cases their lives. My mother, Yvonne Sarhan was murdered with the drug Seroquel 400mg per day or more, even after repeated attempts to alert Judge Muir this medicne will kill my mother she did nothing but let the medicine continue and now my mother is dead, Murder, Yes. Dr Steven Leslie Kaplan was paid to put my mother on this medication to kill her, because the Guardian's and Attorney's took all the money and did a reverse mortgage on the house. Legal no, but who do you complain to, Judge's do what they want and they get away with Murder. However keep reading this blog and soon we may have a secret weapon to stop the Judge's, Attorney's and Guardian's and hopefully put them in jail.
If you complained to the Florida Bar and they ruled in favor of a corrupt attorney, please email me with your phone number, if you are willing to go on the The Biz 880 A.M. with radio Talk show host Les Winston.
Please go to the website stopguardianabuse.com and sign a petition to stop elderly abuse and exploitation, Thank You Robert Sarhan, MD email@example.com
Saturday, May 1, 2010
By Jane Akre
April 28, 2010
Pharmaceutical Giant, AstraZeneca LP and AstraZeneca Pharmaceuticals LP will pay $520 million after being fined by the federal government for illegally marketing the anti-psychotic drug, Seroquel.
Seroquel, also known as quetiapine fumarate, was approved by the FDA in 1997 to treat psychotic disorders. By October 2006, its use had expanded for use for bipolar depression and mania.
The Department of Justice alleges AstraZeneca illegally marketed Seroquel for uses other than those approved by the FDA such as Alzheimer’s disease, anger management, anxiety, ADD, dementia, depression, PTSD, mood disorders, among other uses considered “off-label.”
In 2008, Bloomberg reported that teenagers and the elderly were increasingly being given a class of anti-psychotic drugs not cleared by regulators. In adolescents, the medications are given for depression, autism and hyperactivity, and in the elderly for dementia and insomnia.
Half of Seroquel sales in 2006 were reportedly for off-label use.
In doing so, the company submitted false claims for payments from federal insurance programs including Medicaid, Medicare and TRICARE programs, Veterans Affairs, the Bureau of Prisons, and the Federal Employee Health Benefits Program.
Friday, April 30, 2010
Saturday, April 24, 2010
Thursday, April 22, 2010
By Troy Anderson, Staff Writer
Updated: 04/20/2010 06:00:44 PM PDT
Chanting "This is America, not Russia," about 75 people gathered Tuesday morning outside the downtown Stanley Mosk Courthouse to urge the U.S. Supreme Court to free former taxpayer advocate attorney Richard I. Fine from jail.
In Washington, D.C., about 50 people staged a similar protest on the steps of the high court, which is scheduled to meet Friday to decide whether Fine should be released.
Fine, a 70-year-old Tarzana resident and former U.S. Department of Justice attorney, has spent more than a year in Men's Central Jail for contempt after refusing to divulge financial information. Fine was placed under "coercive confinement" following a series of cases in which he alleged judges received an extra $57,000 in pay from the county on top of their $179,000 annual state salaries. Fine alleged that these "undeclared bonuses" render judges biased in cases where the county is a defendant.
"Richard Fine has been cruelly, unjustly punished for bringing to light a judicial issue that affects each of us as Los Angeles residents and U.S. citizens," said Chatsworth resident Janette Isaacs, co-organized of "Free Richard Fine," a grassroots, community organization committed to ending judicial corruption in California.
"This could happen to anyone."
Retired Sheriff's Department Sgt. Richard Valdemar, who served as the "jailer" in the case of Los Angeles Herald-Examiner reporter William Farr who was held in jail in 1972 for contempt for
refusing to divulge sources relating to the Charles Manson case, said a person has a right to actually be charged with a crime if they are held in jail for more than a year.
"We don't even house our misdemeanor people in jail for more than a year," Valdemar said. "Yet Mr. Fine is being held longer and it's not like Mr. Fine is a kook or something. This is a man who is an expert on the law and is trying to do the right thing. He's basically a whistleblower and he's being punished for that."
In a letter to the Supreme Court, Fine's daughter, Victoria Fine, an editor with The Huffington Post, asked the justices to release her father "from the horror he and my family have endured during the last 13 months of our lives."
"He has raised me to trust in our country's justice system to uphold freedom, democracy and moral right," she wrote. "I admit that as today, as my father sits in solitary confinement, I have very little faith left in our American system. But now, as I write to you, I place that faith in your hands to make the decision that will free my father and send him home to my mother and me."
AS ABOVE WE SEE HOW JUDGE'S ABUSE THEIR POWER, SEE BELOW HOW THE ELDERLY AND THEIR FAMILIES ARE BEING ABUSED AS WELL!!!
We request that the President Obama to stop this corruption and violation of our Constitutional Rights and hold these Judge's, Attorney's and Guardian's responsible for their crimes against the elderly and their family's.
Like many of us in Guardianship cases fight for the right to care for our parents, the more we fight, the more these Judge's abuse and violate the laws. Who's watching these corrupt Judge's, who gave them all this power, I think its time that this power should be taken away from them.
My mother Yvonne Sarhan was murdered by Judge Celeste Muir on February 2, 2010 she allowed the Guardian Vicki Brail and Dr Steven Leslie Kaplan to poison my mother with 400 mg of Seroquel a day until she was dead, why because the guardian and attorney's already took all the money from our family.
We believe since our since our Governor Charlie Christ has allowed this to happen in our State, our Congressmen the Balart brothers have allowed this to continue for years, we believe the President of the United States through the chain of command must stop these Human Rights and Constitutional Rights Violations against our American Citizens young and old.