Tuesday, August 8, 2017

At this time, July 2016, who was Robert Spallina's client, whose wishes was Robert Spallina honoring? Was it Ted Bernstein? Who later Spallina and Tescher appointed .. Hmmm..

The Same Ted Bernstein that recently claimed to have made a "Favorable Settlement" with Tescher and Spallina law firm allegedly due to the Actions of Alan Rose and himself.   Click Here for that

So the Client wants the Deceased to add a paragraph to a Trust to Ted Bernstein's benefit as stated Below in the Florida Bar Petition for Revocation: "added a paragraph to his client's Trust Amendment after the client was deceased in an effort to comply with the client's wishes".

The client is Ted, and when Spallina and Tescher are caught with Fraud and Forgery they appoint Ted, the guy that benefited from their Forgery as Trustee? Ted then sells property that was in an Irrevocable Trust THAT CANNOT BE REVOKED. And gives the Heirs of that Irrevocable Trust NOTHING as he is appointed in charge by the law firm that admitted Forging the Deceased signature to close the estate? 5 years later and still in the Florida Probate Courts, and Ted Bernstein is still Trustee, enabled by his attorney Alan Rose and a seemingly corrupt PR Brian O'Connell.

Deceased Closing Trust Documents? 

Yep and this Case is still going on in Judge Rosemarie Scher's court and TED Bernstein is still Trustee, and all the same "Bad Guys" are STILL involved.

Where is the State and Federal Authorities?

Below is the Revocation filing for Robert Spallina, Florida State Bar

"B. The Florida Bar File No. 2014-50,885{15E)
1. Petitiorier added a paragraph to his client's Trust Amendment
after the client was deceased in an effort to comply with the
client's wishes.

2. The Trust Amendment was presented to the Court by another
attorney at which point Petitioner admitted to his wrongdoing."


Guys walks into a Court, closes out a Multi-Million Dollar Estate.  Problem is the Guy is Deceased. 

"THE COURT: So final disposition and the
 order got entered that Simon, your father ‐‐


22 THE COURT: ‐‐ he came to court and said I
23 want to be discharged, my wife's estate is
24 closed and fully administered.

25 MR. ELIOT BERNSTEIN: No. I think it
1 happened after ‐‐

THE COURT: No, I'm looking at it.

3 MR. ELIOT BERNSTEIN: What date did that
4 happen?

THE COURT: January 3, 2013.

6 MR. ELIOT BERNSTEIN: He was dead.

MR. MANCERI: That's when the order was
8 signed, yes, your Honor.

9 THE COURT: He filed it, physically came
10 to court.


12 THE COURT: So let me see when he actually
13 filed it and signed the paperwork. November.
14 What date did your dad die?

15 MR. ELIOT BERNSTEIN: September. It's
16 hard to get through. He does a lot of things
17 when he's dead.

18 THE COURT: I have all of these waivers by
19 Simon in November. He tells me Simon was dead
20 at the time.

21 MR. MANCERI: Simon was dead at the time,
22 your Honor. The waivers that you're talking
23 about are waivers from the beneficiaries, I
24 believe.

25 THE COURT: No, it's waivers of
1 accountings.

2 MR. MANCERI: Right, by the beneficiaries.

3 THE COURT: Discharge waiver of service of
4 discharge by Simon, Simon asked that he not
5 have to serve the petition for discharge.

6 MR. MANCERI: Right, that was in his
7 petition. When was the petition served?
8 THE COURT: November 21st.

9 MR. SPALLINA: Yeah, it was after his date
10 of death.

11 THE COURT: Well, how could that happen
12 legally? How could Simon ‐‐

13 MR. MANCERI: Who signed that?

14 THE COURT: ‐‐ ask to close and not serve
15 a petition after he's dead?  "

Click to Read Full Hearing Transcript and source of above quote, the above starts on page 14

"wife estate closed" By a Deceased man. There was Millions in personal property, as well as Condo and Residence as seen in the eMail below, that were in the "wife's" IRREVOCABLE TRUST. Which is a TRUST THAT CANNOT BE REVOKED. Not even by a Dead Guy.

There was an IRREVOCABLE TRUST. There were 3 Heirs (NOT Ted, NOT Pam) Robert Spallina, the Tescher and Spallina Law Firm Forged documents that closed this Trust, by signing a dead man's signature. This enabled Ted Bernstein to steal millions in Real Estate and Assets

Email Exchange after Simon Bernstein Died, From Spallina to Ted Bernstein. 

Ted knew that the Condo and the Home were in Shirley's Trust, of which he had no rights to nor was he a Trustee. The damage Robert Spallina did to the REAL BENEFICIARIES is still being allowed to proceed, now in Judge Rosemarie Scher's Court.

Where is the "favorable settlement" from the Tescher and Spallina Law Firm for the actual beneficiaries of the Shirley Bernstein  IRREVOCABLE TRUST? Of which no "favorable settlement" of any kind should benefit Ted Bernstein and Pam Simon as has been proven, documented as TRUE FACT on this blog many times. (Pre-Deceased FOR ALL REASONS)

Click Below to Read Email

More Research Links on this Topic

Pam Simon knew she was Disinherited, as she was already given so much

Ted Bernstein knew he was Disinherited, and had a tantrum about it as seen below



Friday, August 4, 2017

Dominoes Falling INDEED. Landmark, Game Changing Case. VERDICT "“It sends a message to these unscrupulous lawyers and guardians that they are not going to be able to get away with it anymore.”

"Jury says attorneys for guardian mismanaged money of millionaire Texas oil man"

"Guardianship case came from courtroom of Judge Martin Colin, 
featured in a Palm Beach Post investigation"

"Colin praised the attorneys in his courtroom, calling them honest and trustworthy"

“This first salvo sends a serious message not only to the predatory guardians and lawyers who have been exploiting families all over Florida for decades but especially to the probate judges without whose complicity these cases could never happen.”

"Advocates for guardianship reform clamored in vain for years that Florida’s system failed to properly protect incapacitated seniors, that its primary purpose had been perverted to line the pockets of greedy attorneys and professional guardians with the hard-earned life savings of the elderly.
Brian O'Connell
Now they can point to a new federal verdict awarding a whopping $16.4 million in a lawsuit claiming that two West Palm Beach attorneys breached their fiduciary duties while running up “unnecessary and excessive fees” of $1 million.
“It’s really kind of a landmark case,” said Julian Bivins, who brought the suit as the personal representative of the estate of his father, Oliver, a Texas oil man.

“It sends a message to these unscrupulous lawyers and guardians that they are not going to be able to get away with it anymore.”
The Bivins guardianship case emanates out of the court of Circuit Judge Martin Colin, the subject of an investigation by The Palm Beach Post into the judge’s conflicts of interest because his wife is a professional guardian.
Colin in open court had heaped praise on the attorneys who lost the case and refused to hold a hearing to decide whether the attorneys had “secretly” kept money from the sale of one of Oliver Bivins’ properties in an escrow account for more than a year, according to court documents.
The Post’s award-winning series featuring Colin, Guardianships: A Broken Trust, resulted in an overhaul of guardianship rules in Palm Beach County. Colin retired last December after he was transferred from the Probate & Guardianship Division because of The Post’s reporting.
Weeks after The Post published, Julian Bivins filed a motion to disqualify Colin, saying his concerns about the “close-knit atmosphere of the Guardians, their attorneys” and Colin had been “glaringly brought to light” in the stories.
The younger Bivins said he felt his father was “held captive” in South Florida by the guardianship so the attorneys could liquidate real estate assets — including a New York City Upper East Side mansion — and charge more fees.

Colin granted an emergency order prohibiting the senior from returning to Texas.The jury found on July 28 that attorneys Brian M. O’Connell and Ashley N. Crispin of the Ciklin, Lubitz & O’Connell firm not only breached their fiduciary duty but committed professional negligence.

The lawsuit claimed they failed to get appraisals on two high-end New York City properties being divided among family. They were not of equal value and as a result, Julian Bivins ended up with one that was worth millions less than other.

The jury’s decision to award $16.4 million makes up the difference.

But the fight over the property is far less important to reform advocates than the fact that attorneys who carry out the wishes of professional guardians and are paid with the ward’s money were held accountable.
“This case in one of the longtime hotbeds of guardianship abuse is a tipping point,” said Sam Sugar, director of Americans Against Abusive Probate Guardianship.
“This first salvo sends a serious message not only to the predatory guardians and lawyers who have been exploiting families all over Florida for decades but especially to the probate judges without whose complicity these cases could never happen.”
Oliver Bivins died at age 97 in March 2015. He ended up in the court-ordered guardianship when he visited his condominium in Palm Beach in 2011 and a social worker became concerned with his well-being, according to court documents.
Oliver Bivins appeared to be coming to Florida for a weekend vacation, leaving his refrigerator in Texas fully stocked, plaintiff attorneys told the jury. His son said he often didn’t visit his Palm Beach condominium for years at a time.

The verdict takes a further step toward re-establishing that attorneys are supposed to represent the incapacitated ward, not the court-appointed professional guardian — a position many lawyers have argued in court to thwart families trying to rein in a fee frenzy.

“If it wasn’t for me, they would have completely depleted my dad’s estate,” said Julian Bivins, who now lives in Palm Beach. “I’ve been fighting them from the beginning to just get him back to Texas. Finally, I got him back there 35 days before he passed away.”

As with many family members who challenge the status quo in guardianship in Palm Beach County, Julian said he found himself relentlessly attacked in court. He was even sued by one of the guardians in the case, Curtis Rogers.

The biggest toll, he said, though, was his relationship with his father as Rogers told the elder Bivins that his son only wanted his money. “He turned my dad against me,” Julian Bivins said. “I could never explain to my father how he was being held for ransom, how they wouldn’t let him go.”

The Ciklin firm said it is confident it can prevail on post-trial motions 
in front of U.S. District Court Judge Kenneth Marra.

“We think the verdict was not in keeping with the law or the facts and, in fact, was considerably more than the plaintiff even asked for,” said Alan Ciklin, the firm’s managing partner. “We feel pretty good about our ability to have this reduced dramatically.”

Rogers, one of two professional guardians dismissed as defendants in the lawsuit, testified for more than two days at the trial. He told The Post he believes the younger Bivins financially took advantage of his father. “The verdict was a total shock to me,” he said. “I anticipated there was no way that type of verdict could be made.”

It may come as a shock to Judge Colin, as well.

Colin during a Feb. 3, 2016, hearing in the guardianship case bristled at the suggestion that the Ciklin Lubitz firm was not acting as a good custodian of Bivins’ assets.

The senior’s son questioned why the firm had failed to turn over $472,000 from the sale of his father’s commercial property in New York City, requesting Colin refer their actions to the Florida Bar or keep them from holding onto the money.

“The Ciklin Lubitz law firm has a well-earned reputation of honesty. And this is honesty,” Colin said in court. “Not for a moment do I have any concern because their reputation is well-earned in this respect.”

Colin denied Julian Bivins’ request without hearing any evidence but ordered the firm to return about $400,000.

An attorney for Julian Bivins filed a motion to disqualify Colin because of those statements, but the judge denied it.

“We never got anything done in his court,” Julian said. “We complained about the amount of the fees and he (Colin) cut them down 25 percent, but then we had to pay their fees for them to defend those fees. So they just made it back.”  "

Guardianship Catch-22

It is in this Catch-22 that families often find themselves when trying to decide whether to fight unethical actions by a professional guardian: Either way they pay, and either way the lawyers’ wallets grow fatter.

The guardianship issue is being looked at by a task force formed by Florida Supreme Court Justice Jorge Labarga. The state Legislature established the new Office of Public & Professional Guardianship as a result of lobbying by advocacy groups and others about lawyers and guardians siphoning off fees.

Attorney Greg Coleman, past president of The Florida Bar, wrote to the work group in June to alert it to “inappropriate, improper and illegal activities of a very small number of Florida attorneys” practicing in the guardianship arena.

“Unfortunately, the way guardianship statutes and rules are currently constituted allows for a window of exploitation by bad attorneys and bad guardians for their own personal monetary gain,” said Coleman, who was not associated with the Bivins guardianship or any of the relating litigation.

Coleman said everything is moving in the right direction for seniors. “The issue has the (Florida Supreme) Court’s attention, I can tell you,” he said. “It is not something that is being ignored or swept under the rug.”

Oliver Wilson Bivins Sr. was an oil man whose family were pioneers in Amarillo, Texas. He visited his Florida condo infrequently.

Dominoes falling?

Sugar’s grassroots-group based out of Hollywood was the force behind legislative reform last year. He said the verdict in Bivins is a sign “the dominoes are starting to fall.”

Several years ago Sugar could barely get a conference with key Florida lawmakers. Now his group has spearheaded legislation and made guardianship an issue around the country. Sugar pointed to the recent federal indictment of a professional guardianship firm in New Mexico, charging the owners with stealing millions from seniors, as an example that justice could be done for these seniors.

Attorneys who represented the Bivins family — Charles D. Bavol and Ron Denman of The Bleakley Bavol law firm in Tampa — compared the trial to a climactic brawl from the movie Rocky.

The Ciklin defendants knocked out their expert witness and cited attorney-client privilege in refusing to turn over crucial emails between the Ciklin lawyers and the guardians. 

The son’s testimony persuaded the jury, his lawyers said.

“What the defendants did in this case was wrong,” Denman told the jury. “It was legally wrong, what they did was ethically wrong, and what they did was morally wrong.”

Bavol and Denman said the verdict builds off a 2015 state court appellate finding out of Palm Beach County, ruling that the guardianship attorneys’ duty is to the incapacitated adult, not the professional guardian.

The 4th District Court of Appeal in recent years has reined in circuit courts in Palm Beach County that reform advocates say patently favor professional guardians and their attorneys. Still, advocates such as Sugar say they hear about abuses almost daily in the guardianship courts.

Bavol and Denman said the verdict underscores 
the need for accountability from guardians and their lawyers.

“Based on this significant jury verdict and the ongoing investigative journalism in Southern Florida concerning professional guardianships, the need for reform of the guardianship system to protect Florida’s elderly citizens is again underscored,” the lawyers said in a news release."

Source of Article and Lot's More

Regardless of What Move managing Partner Alan Ciklin, brother of Judge Cory Ciklin, want to make next, It is DONE. There is a Path to Justice cleared now and HOPE for the Victims of attorneys and guardians such as Brian O'Connell and Ashley Crispin.

Also NOTE that Florida Supreme Court Justice Jorge Labarga is the top of the Florida Corruption Food Chain, just look at the iViewit Patent Theft Case and Proskauer Rose and the gang.

Also NOTE that Florida Supreme Court Justice Jorge Labarga was Judge Martin Colin's MENTOR "He finds a great camaraderie among the Judges in this Circuit and considers Judge LaBarga to be his mentor. "  As Seen at the Link Below


Wednesday, August 2, 2017

Florida's Guardianship Program is beyond SICK, it is a Horrific Human Rights Massacre. YOU have no RIGHTS under Florida's Predatory Guardianship Program

LOVE YOUR FAMILY? Stay Away from Florida.

"Florida Judge Sued for Marital Alienation by Forlorn Wife

Elizabeth Cunningham lives just 25 minutes from her husband David Napier Cunningham in Pensacola,Florida but she’s not allowed to spend time with him.

In fact, Ms. Cunningham hasn’t seen her 65 year old husband in nearly three years because she was restricted from setting foot inside the assisted living facility where the former commercial real estate developer now resides. Ms. Cunningham blames her husband’s guardian, a CPA who sued her for legal fees and won. Last week, Ms. Cunningham countersued in the U.S. District Court in the Northern District of Florida Pensacola Division after the Honorable Family Law Judge Darlene Dickey reportedly issued ex-parte stay away orders denying the forlorn wife not only contact with her husband but also face to face visits. “Even criminals in prison are allowed conjugal visits with their wives but because Mr. Cunningham is a ward of the state of Florida, he has no such right and neither does Elizabeth,” said Dr. Sam Sugar, founder of the Americans Against Abusive Probate Guardianships (AAAPG) in Florida.

Ms. Cunningham is among a rising number of Americans seeking relief in federal courts nationwide from state guardianship-related proceedings that are alienating them from their loved ones. Other federal alienation suits include Bush v Goodall in Pennsylvania.

In most states, it is not uncommon for senior citizens, deemed incapacitated by a probate court,judge to lose their individual rights around residence, visitation, medical care, assets and property once they become a Ward of the state. However under federal law, experts claim that alienation of any kind, including spousal, parental and familial, is unconstitutional.

According to Ms. Cunningham’s federal suit, Judge Dickey’s stay away order was based on hearsay from the Guardian whom she claims has a financial interest in Mr. Cunningham’s inheritance, portfolio of shopping centers and land situated in Cherokee County, Georgia.

“I miss my husband,” said Ms. Cunningham. “Judge Dickey knew or should have known that this hearsay was false and fraudulent but instead she acted against my due process rights and my husband’s rights under the 5th and 14th Amendment of the U.S. Constitution.”

Whether it’s husband, wife, sibling, uncle, aunt or parent, some 90% of family members report that the judge in their guardianship proceedings did not act in the best interest of the elderly, 80% suspected the judge was improperly influenced and 70% felt the retirement home did not act in their parent’s best interests, according to an AAAPG study. Ms. Cunningham alleges that she was unduly influenced while under duress by an attorney to sign papers that would assign a professional guardian over her husband and his financial affairs.

“Under guardianship, my husband cannot vote, he is prohibited from driving a car and as a couple we cannot sell any of our properties without permission,” Ms. Cunningham said. “The Guardian receives all the proceeds of any sale of property that my husband acquired through his hard work over the years. How can this be legal?”

Critics of elder guardianship say it’s historical.

“Probate courts in America have a sordid history,” said Dr. Sugar. “They were the primary mechanism for dealing with legal issues in the slave trade of African-Americans until slavery was abolished in 1865. These equity courts committed and continue to commit egregious abuse against the most vulnerable in society.”

In 2017, however, court appointed guardianships do not discriminate based on race.

“My husband and I enjoyed our Pensacola home until this posse of court workers came into our lives,” said Ms. Cunningham.

Ms. Cunningham is seeking damages in excess of $7 million. She is representing herself."


Saturday, July 29, 2017

Palm Beach County FAMOUS for Stealing Property, Jewels, Cars and More in Case after Case. Palm Beach County Predator Guardian schemes constantly interfere to STEAL Family Property. Attorneys and Judges get Rich while Families SUFFER endlessly.

KEEP IN MIND as you Read that Judge John Phillips was the head of the Guardianship Program. He seemed to have a scheme with Probate Attorneys and others to STEAL money, jewels, and property of Estate in Palm Beach County Florida.

KEEP IN MIND as you Read that Judge John Phillips placed an ILLEGAL, Unadjudicated Court Ordered Guardianship over Adults in the case of the Estate of Simon Bernstein, with total disregard for Florida Guardian Statutes. And the irony there is that the Guardian he appointed is former Judge Diana Lewis, who herself seems to have been part of the Guardianship schemes when she was a Judge appointing what seems to be predatory guardians. Guardian Diana Lewis KNOWS full well with many years of professional experience that she is NOT backed by Florida Statutes / Law to be a Guardian without a proper hearing or petition and cannot be Guardians of Adults without ruling them incapacitated. Yet she is making decisions on Estate matters / on Settlements and Big Money, without the Legal standing to do so and the Judges in the cases, well they seem to be doing NOTHING about it, thus far.

Judge John Philips and the Mary Montgomery Story

"Courtnay also was charged in August with five counts of exploitation of her mother in Olmsted County, Minnesota, accused of siphoning off more than $188,000 to buy a fleet of vehicles.

On Monday, when Courtnay failed to show for a hearing on her guardianship challenge, Circuit Judge Rosemarie Scher dismissed her pleadings and her challenge against the trust. She found Mary Montgomery well cared for by the guardian, said Mitch Kitroser, Cramer’s attorney."

"Embroiled in a fight to unwind a court-ordered guardianship and a financial trust for her mother, Courtnay Montgomery was arrested as Palm Beach police allege that she spirited the cars, the wine and the silver to the home of a shooting buddy in St. Lucie County. There are no charges connected with the missing jewelry."

"The irony in both criminal cases is that Courtnay Montgomery is the only heir to her parents’ fortune created by her father.  So she is charged with taking property that one day wouldrightfully be hers."

Source and To Read Article on the Case

The Courts are Whining about missing property, and blaming the only heir? What? oh Yeah Palm Beach County courts wanted to keep the assets so Judges such as Judge Martin Colin could sell the Jewels from his own home, and so MASSIVE money could be siphoned off to Palm County Probate attorneys, and Property of all manner can be divided up among them ALL. Meanwhile the families are tormented and drowning in court hears, predatory guardianship, and fighting for not only their family money but their very life in many cases. 

"A gloves-off hearing is set for Monday in front of Palm Beach County Circuit Judge John Phillips"

"Courtnay told The Post she is adamant about protecting her mother.

“Do you know who we are? We got one shot to protect my mom. I’ll tell you what is happening. Staff is taking advantage of my mother. There are some crooked lawyers and crooked accountants. It is bigger than Madoff,” she said before cutting off an interview."

Source and Full Article

Judge John Phillips is Corrupt, PERIOD, as far as I see it, because I can READ. All of his Corrupt Rulings should be overturned. He was the head of the Guardianship program and preyed on / tortured families for years and years. He should be in JAIL and families should be compensated where possible.

 Regulatory Authority over Professional Guardians 

"Judge closes Montgomery guardianshi
hearing as millions are at stake"

"After a hearing closed to the public and the media, a judge on Monday appointed a professional guardian to oversee the care — as well as the millions of dollars — of Mary Montgomery, the Palm Beach socialite and widow of legal legend Robert Montgomery.

The guardianship of one of the county’s most celebrated philanthropists comes the same month the Florida Legislature passed a bill to establish the state’s first regulatory authority over professional guardians whose ranks have come under fire for gouging the life savings of incapacitated senior citizens through fees for themselves and their legion of attorneys.

The Palm Beach Post’s series in January, Guardianships: A Broken Trust, explored cronyism in the county judiciary that allowed professional guardians to take fees without prior judicial approval and act without fear of reprisal. As a result, one judge was transferred from the guardianship division and reforms were instituted to address conflicts of interest.

The hearing Monday in front of Circuit Judge John Phillips pitted Montgomery’s daughter, Courtnay, against her mother’s long-time administrative aide Hilda Santana.

The Post reported on Sunday that Santana petitioned to become Montgomery’s guardian, stating in court documents that the 85-year-old suffers from dementia. She cited Courtnay’s arrest in Minnesota last October in which the daughter allegedly tried to bite a law enforcement officer checking on her mother’s welfare. Santana said Courtnay was unfit to oversee her mother’s case or her vast finances.

The resolution on Monday came after Montgomery’s attorney Theo Kypreos asked Judge Phillips to close the hearing to the public, which is allowed under the guardianship statute. As a result, a Post reporter and photographer had to leave the courtroom after Phillips denied a hearing sought by The Post on First Amendment grounds.

Neither Montgomery nor Courtnay were present for the proceeding, but attorneys said the daughter agreed to veteran professional guardian John Cramer overseeing Montgomery’s care. Cramer will be assisted by Montgomery’s nephew John Neasen, who lives in Anchorage, Alaska.

Unlike in some guardianships, Montgomery will retain certain legal rights, but it was unknown late Monday which ones or how much her assets will be managed.

She receives $1.5 million every four months stemming from her late husband’s greatest legal triumph: a $11.3 billion settlement with tobacco companies on behalf of the state of Florida. The Montgomerys have given reportedly $100 million to various causes and the arts."

Source and Full Article

JUDGE JOHN PHILLIPS solution to Corruption is to ORDER that the corruption NOT be Reported on. 

"A Palm Beach Circuit judge closed the guardianship proceedings on Monday for renowned socialite Mary Montgomery, asking a Palm Beach Post reporter and photographer to leave the courtroom.

Montgomery’s attorney Theo Kypreos invoked a provision of guardianship law to close the proceedings that will delve into whether Montgomery is unable to take care of herself.

The Post requested a hearing in front of Circuit Judge John Phillips and presented case law but to no avail. He said he saw nothing that would supersede Montgomery’s request under guardianship law.

Montgomery was excused from the proceeding  on whether she and her multi-millions should remain in the care of her daughter. Her former administration assistant Hilda Santana has petitioned the court to be her guardian, citing Courtnay’s arrest in Minnesota where she allegedly tried to bite a law enforcement officer checking on her mother’s welfare."

Source and Full Article

"Judge appoints guardian for philanthropist Montgomery"


Read this Case, Sounds like what it is Alleged that Ted Bernstein has done in the Estate of Simon Bernstein and the Estate of Shirley Bernstein.  Ted managed to unwind the True intentions of the Deceased, along with Attorneys Alan Rose, Robert Spallina and Donald Tescher of Palm County Florida.

Assets simply GONE.  Jewels missing, real estate Sold to buddies seemingly, money gone, Trusts and Insurance Policies MISSING.  Signatures made by the Deceased.

Palm County Florida, Where YOU do NOT WANT TO BE if you have any money you want your heirs to peacefully have or you actual wishes to be carried out by the Palm County Courts.

Friday, July 28, 2017

Statement From Bill Stansbury, involved in the case (Estate of Simon Bernstein) Judge John Phillips was the head of the Predatory Guardianship program at the time he placed a Guardianship on Adults with no hearing or due process. " The Florida GAL program is not intended to be used as a weapon to threaten, harass or extort parents. "

Below is an Affidavit from Bill Stansbury, this is the same John Phillips who knowingly put an adult, in a minor guardianship to usurp his legal rights without an adult guardianship hearing.

Click Below for More on Guardianship Issues in the Estate of Simon Bernstein Case.
Cease and Desist Letter Regarding Guardianship https://drive.google.com/file/d/0Bzn2NurXrSkiUW9tV0lNa2NKcFk/view

Judge John Phillips seems to have served up RETALIATION in order to protect Rampant Fraud, Corruption, Forgery, and Civil Rights Violations in the Florida Courts.

Judge John Phillips was the head of the GAL program for minor guardianships. Where was the oversight in all this and why now do Florida Courts still uphold the Predatory Guardian rulings of Rogue Ranting Judge John Philips?

Below is an Affidavit from Bill Stansbury

Signed William E. Stansbury,
Dated the 29th of February 2016 

"My name is William E. Stansbury and I am a competent adult residing in Palm Beach County,
Florida. I am voluntarily writing this in the hope that any consideration to appoint a Guardian
ad Litem (GAL) for the children of Eliot and Candice Bernstein will be dismissed without merit.

Based on the information provided on the Florida GAL website, the Florida GAL Program is a
partnership of community advocates and professional staff providing a powerful voice on
behalf of Florida's abused and neglected children. 

GAL is central to fulfilling society's most fundamental obligation by making sure a qualified, compassionate adult will fight for and protect a child's basic human right to be safe, to be treated with dignity and respect, and to learn and grow in the safe embrace of a loving family.

As a father of 3 children and 5 grandchildren, I wholeheartedly support the mission and
purpose of the GAL program when a child's basic human right to be safe, to be treated
with dignity and respect, and to learn and grow in the safe embrace of a loving family is

The Florida GAL program is not intended to be used as a weapon to threaten, harass or extort parents. 

Sadly, however, I believe that may be what is occurring with Eliot and Candice
Bernstein. I express this belief after having sat through numerous court hearings since 2012
and following the corresponding Palm Beach County, Florida cases that have involved the
Estates of Simon and Shirley Bernstein and their respective testamentary instruments, including
Case Nos. 50-2012-CP-004391-XXXX-SB (In re: Estate of Simon Bernstein), 50-2011-CP-000653-
XXXX-SB (In re: Estate of Shirley Bernstein), 50-2015-CP-002717-XXXX-NB, 50-2015-CP-001162-XXXX-NB, 50-2014-CP-002815-XXXX-NB, and S0-2014-CP-003698-XXXX-NB.

I have personal knowledge of the following matters that have transpired in connection with
certain of the above-referenced cases when Judge Colin was presiding:

1) Florida licensed attorneys Donald Tescher and Robert Spallina (T&S) drafted certain
testamentary instruments for Simon and Shirley Bernstein. 

Through Eliot's investigative efforts, Spallina admits to the court and the police that, after Shirley's death, Spallina changed certain terms in her testamentary instruments and sent same through the U.S. mail to Florida licensed attorney Christine Yates. Ms. Yates was retained by Eliot to represent his family after his father's passing in 2012.

In addition to drafting testamentary instruments for Simon and Shirley Bernstein and changing certain terms in Shirley's documents, T&S were also appointed and served as the initial personal representatives of Simon's estate and successor trustees of Simon's revocable trust.

I believe that Eliot's investigative efforts were the primary reason that T&S's acts were discovered, and that same began Eliot's quest for the truth.

2) T&S paralegal, Kimberly Moran, pled guilty to forging signatures on certain probate
documents in the Estate of Shirley Bernstein and to notarizing those documents. I
believe that Eliot's efforts helped expose Ms. Moran's unethical conduct.

3) Attorney Spallina filed certain estate closing documents with the court in the Estate of
Shirley Bernstein that were signed by Simon Bernstein, as the purported personal
representative of Shirley's estate, notwithstanding that Simon passed away several
weeks before such documents were filed.

I believe that Eliot's efforts were the primary reason that Spallina's conduct in connection with these court filings was exposed.

4) As evidenced by a court transcript from a hearing in one of the above-referenced cases,
Judge Colin stated twice that he had heard enough to read several officers of the court
their Miranda rights. 

However, Judge Colin did nothing to address the corresponding issues and allowed these very same officers the opportunity to continue to practice in his courtroom. To no avail, Eliot brought such circumstances to the attention of Judge Colin.

5) Attorney Spallina submitted a claim to Heritage Union Life Insurance Company through
the U.S. mail for payment of an approximately $1.7M death benefit on a policy owned
by Simon Bernstein personally.

The records from the insurance company list the Simon Bernstein Irrevocable Trust N.A. executed in 1995 (the "1995 ILIT") as the contingent beneficiary (the primary beneficiary was LaSalle National Bank).   Spallina represented himself on the claim form submitted to the insurance company as the trustee of the 1995 ILIT.

Subsequently, Spallina admitted that he had never seen the 1995 ILIT and no
idea what its terms were. 

To make matters worse, Spallina and four out of five of Simon Bernstein's adult children (Eliot's brother (Ted), and Eliot's three sisters (Pam, Jill and Lisa)) were involved in a scheme that would get the money to those four children. 

Spallina engaged in such conduct not withstanding his duty to advocate as personal representative of Simon's estate and successor trustee of his revocable trust for the
proceeds to be paid to the estate and ultimately the revocable trust. Simon's revocable
trust is the sole residuary beneficiary of his estate; Simon's grandchildren are the
beneficiaries of Simon's revocable trust. Without a copy of the trust, 
Heritage Union refused to pay the claim.
I believe that Eliot's efforts helped to expose Spallina's actions.

6) Eliot's brother, Ted Bernstein, filed a breach of contract lawsuit in Illinois against
Heritage Union for not paying the above-referenced insurance claim (the "Illinois

Ted filed the Illinois Litigation as the purported trustee of the 1995 ILIT the
very same trust under which Spallina had previously claimed to be the trustee.

Ted Bernstein was aware of the actions of Spallina, yet went along with them until the
scheme fell apart, and then Ted suddenly remembered that he (Ted) was the trustee of
the 1995 ILIT. 

If Ted Bernstein prevails in the Illinois Litigation, he and his sisters will
benefit from the $1.7M unpaid insurance death benefit.

Eliot has opposed this scheme that benefits his siblings (and possibly himself) to the exclusion of Simon's estate and his grandchildren, including Eliot's children and the other grandchildren of Simon.

Florida licensed attorney Peter Feaman has brought to the attention of Brian O'Connell
(successor PR of Simon's estate) and Alan Rose (Ted Bernstein's attorney) that there
appears to be a conflict of interest where Ted is serving as successor trustee of Simon's
revocable trust that would benefit from the insurance proceeds (trust beneficiaries are
the grandchildren) of the never seen nor found
1995 ILIT that benefits Ted and his siblings. 

I find it extremely ironic and disingenuous that Ted Bernstein has requested the appointment of a GAL for Eliot's children while he simultaneously is trying to wrongfully divert funds from Eliot's children and Simon's other grandchildren through his initiation and pursuit of the Illinois Litigation.

7)   Ted Bernstein is the alleged successor trustee and successor personal representative of
the revocable trust and estate of Shirley Bernstein.

He represented to the court that the personal property of Shirley Bernstein in her condo was inventoried and moved to the residence of Simon Bernstein for safekeeping.

Thus, the personal property in the condo is an asset of the estate of Simon Bernstein. Inventories of personal property from the condo show significant discrepancies. 

Eliot has insisted for a complete accounting of all personal property, as he is listed as a beneficiary of Simon's personal property (which would have included Shirley's personal property as her will left all of her personal property to Simon when she passed away, survived by Simon).

8)   In 2014, T&S resigned as successor trustees of Simon's revocable trust.

T&S appoint their friend, Ted Bernstein, as successor trustee of Simon's revocable trust. Ted was not
listed as a trustee by his father in Simon's revocable trust.

Florida licensed attorney Brian O'Connell was appointed by Judge Colin as the successor
PR for the estate of Simon Bernstein in 2014.

He assumed this fiduciary responsibility from Florida licensed attorney Benjamin Brown who was appointed by Judge Colin as curator for the estate when T&S resigned. Mr. O'Connell read the 2012 restated revocable trust of Simon and brought to the attention of Judge Colin that it does not
appear that Ted is qualified to be appointed as trustee based on the trust language.

Since the fall of 2014, Eliot has been requesting O'Connell to call up a hearing to have
the court determine if Ted is properly serving.

As of the date of this instrument, I am
not aware that O'Connell has taken any action.

I have personal knowledge of the following matters that have transpired in connection with
certain of the above-referenced cases when Judge Phillips was presiding:

1) A status conference was scheduled for Simon Bernstein estate by Brian O'Connell, but
Alan Rose chose to discuss the Shirley Bernstein estate and trust. Rose represented to
the court that the Shirley trust was also scheduled for the conference.

Peter Feaman and Eliot objected on the record, but to no avail.
The Court ruled to have hearings in
Shirley's estate and trust and not Simon's estate.

2)   Attorney Peter Feaman advises the Court that Judge Colin did not follow proper
procedure in steering the Bernstein cases to the North Branch post recusal. 

The Court tells Mr. Feaman that's what the 4th DCA is for, even though the Court knew or should
have known that the recusal/transfer orders were on appeal at the Florida Supreme Court.

3)  On December 15, 2015 I attended a hearing to determine the validity of the Simon and
Shirley wills and revocable trusts. 

Eliot Bernstein advised the Court that he had an attorney for his children but this attorney requested from Alan Rose copies of all documents, to include his children's' trust documents to review prior to the trial. 

Apparently, Attorney Rose did not send her anything. 

The hearing was not stayed until the children had counsel, and the judge ordered the trial to proceed with the children not having counsel present.

4) At the hearing on December 15, 2015, Alan Rose called two witnesses to verify that the
documents were authentic. The first was Robert Spallina - the same Spallina who
admitted to changing testamentary document language and mailing it to Eliot's family
attorney, using a dead man (Simon) to close the estate of Shirley, and submitting a claim
form to Heritage Union for Simon's life insurance when he knew he was not the trustee
of the 1995 trust.

As of this writing, I am not aware that anything has been done by the court to address the admissions of wrongdoing by Mr. Spallina. 

The second witness called to validate the documents was Ted Bernstein. He admitted that he had not seen an original of the documents. 

None of the witnesses to the documents, nor the notary were called to testify. Additionally, no original documents were provided at the trial, nor was any forensic handwriting expert called to testify, nor was any forensic expert retained by Ted to validate documents after Spallina admitted to changing the language in at least one testamentary document.

5)  I attended a hearing on February 25, 2016 in Judge Phillips' courtroom. 

The purpose of the hearing was to determine if a Guardian ad Litem should be appointed for Eliot's minor children. Eliot called Alan Rose as a witness and when Eliot asked him about not
providing information to the attorney he is trying to retain for his children, Alan Rose
indicated that he wasn't giving her anything. Eliot requested additional time to call
witnesses, but his request was denied by the Court, which seemed unusual to me in
light of the seriousness of the hearing.

Here is what I have observed in the home of Eliot and Candice Bernstein:

1) Happy, bright, respectful children who aren't embarrassed to tell their parents they love
them in front of other people.

2) Children who understand that when a guest enters their home that they get up and
acknowledge them.

3) Children who are always grateful for the smallest courtesy extended to them.

4) Parents who tell their children how much they love them.

5) Parents who teach their children that virtues like honesty and integrity are more
important than money.

Eliot and Candice have created a loving nurturing home for their children. They are outstanding
role models as parents. For anyone to suggest that they have a conflict of interest with their
children is absurd. They are a family unit and none of them view something that is good for
one as bad for another.

Based on my observations, Eliot and Candice Bernstein are not the "bad guys" in these estate

I believe they are being portrayed this way because they have exposed inappropriate actions
by officers of the court - the very officers who have an affirmative duty to assure justice is

They are being portrayed this way because they refused to go along with Eliot's siblings in their
scheme to capture Simon's life insurance proceeds.

They are being portrayed this way because they believe that Ted Bernstein has hijacked Shirley
Bernstein's trust and made distributions that are very questionable.

They are being portrayed this way because they believe that, by having Ted Bernstein serving as
trustee of Simon's trust, that the directives of Simon Bernstein in that document are not being

They are being portrayed this way because those that are asking for them to lay down and quit
searching for the truth know they never will.

It appears to me that the Florida GAL is being used as tool to try to punish Eliot and Candice for
not keeping their mouth shut when they saw what was occurring.

My observation has led me to the conclusion that many people in these estate matters should
have someone watching over them, but I am confident that it is not the children of Eliot and
Candice Bernstein."

Signed William E. Stansbury, Dated the 29th of February 2016 

Source of Post with Signature

Below Are Research Links Connected to the Topics Above

Judge Martin Colin Hearing / Miranda Rights

Sheriff Report, Robert Spallina

Research Link to Fraud, Forgery, PBSO Report, Coroner Report and More

Police Report

Sheriff and Coroner Reports / Information

Research on Simon Bernstein Death (remember there was statements from Dr. Bell the Night Before, More on that at a Later Date)

Court Motion Discussing Simon Bernstein Closing and Estate after he Died

Palm Beach Sheriff Offic Research Links Related

Kimberly Moran State of Florida Notary Suspensionhttp://www.flgov.com/wp-content/uploads/orders/2013/13_291_moran.pdf
Response to Florida Governor in Kimberly Moran Notary Fraud, Forgery Case

Kimberly Moran, Florida Notary Fraud Police Report

Notary Public Comparison of Signatures and Dates, Evidence in Kimberly Moran Notary of Tescher and Spallina Law Firm Fraud, Forgery Case

Judge Roger Colton SITTING IN FOR Judge Rosemarie Scher hearing Transcript
MR. ELIOT BERNSTEIN:· Okay.· So she ordered
that.· I didn't put in for a notice of hearing on
this, and I would have certainly scheduled a lot
more time because I have a number of witnesses and
this should really be an evidentiary hearing, and I
was going to discuss that with her.

· · ·She took two months to get to this hearing and
scheduled it up on her own, so I think it should be
before her and I move to, you know, delay and
reschedule and hear this properly before her.

She's done a lot of research on the case.·
She's aware of some of the frauds 
that have occurred by
attorneys in this case.

· · ·And I just want to really quickly clarify,
Mr. Rose was a little bit misleading saying that my
brother was the successor trustee to my father in
the Simon trust.·   There were two attorneys who
admitted to fraudulently altering estate
documents --


· · ·MR. ELIOT BERNSTEIN:· -- and sending them to
my children's counsel.

· · ·JUDGE COLTON:· Are they still lawyers?

· · ·MR. ELIOT BERNSTEIN:· Yeah.· Actually, we're
working on getting them -- putting them in prison
instead of disbarring them because --

· · ·JUDGE COLTON:· How about disbarring and

To Read Full Transcript Click Below (page 10 and 11)

Tescher and Spallina SEC Charges

Police Report Filed by Ted Bernstein claiming his father Simon Bernstein had been murdered.
(It is marked "Medical Information"), yet it was called in as a MURDER.

More on Police Report

Murder of Chairman of Iviewit Simon Bernstein? Attorneys Robert Spallina & Donald Tescher Admit Law Firm Violated Law

So Mail Fraud, Forgery, Kidnapping Civil Rights, Predatory Guardianship, Alleged Murder with NO Investigation seemingly, Mortgage Fraud, Real Estate Fraud, and Lot's More. Where ARE the State and Federal Authorities in All This?

"I couldn't even speak at hearings with Judge Phillips because he was on the same rant." Hearing Transcript, Judge Roger Colton in for Judge Scher

Judge Roger Colton SITTING IN FOR Judge Rosemarie Scher hearing Transcript

MR. ELIOT BERNSTEIN:· Okay.· So she ordered
that.· I didn't put in for a notice of hearing on
this, and I would have certainly scheduled a lot
more time because I have a number of witnesses and
this should really be an evidentiary hearing, and I
was going to discuss that with her.

· · ·She took two months to get to this hearing and
scheduled it up on her own, so I think it should be
before her and I move to, you know, delay and
reschedule and hear this properly before her.

She's done a lot of research on the case.·
She's aware of some of the frauds 
that have occurred by
attorneys in this case.

· · ·And I just want to really quickly clarify,
Mr. Rose was a little bit misleading saying that my
brother was the successor trustee to my father in
the Simon trust.·   There were two attorneys who
admitted to fraudulently altering estate
documents --


· · ·MR. ELIOT BERNSTEIN:· -- and sending them to
my children's counsel.

· · ·JUDGE COLTON:· Are they still lawyers?

· · ·MR. ELIOT BERNSTEIN:· Yeah.· Actually, we're
working on getting them -- putting them in prison
instead of disbarring them because --

· · ·JUDGE COLTON:· How about disbarring and

To Read Full Transcript Click Below (page 10 and 11)

"·MR. ELIOT BERNSTEIN:· And we would be bringing
him up with other witnesses.· We'd be bringing up
Diana Lewis as a witness about the guardianship
issues.· We'll be calling Mr. Rose about the
fraudulent statements he's made in putting 40 --

· · ·JUDGE COLTON:· And this is Mr. Rose?

· · ·MR. ELIOT BERNSTEIN:· Yeah.· In fact, in Judge
Scher's order today she calls me a beneficiary and
you so politely did.· There's about 47 different
times Mr. Rose has moved several courts that I am
not a beneficiary of anything.· He conceded in the
hearing before Judge Scher now that I am changing
all of these pleadings.

· · ·Now just for one point, a federal judge in
Illinois has claimed that in the Estate of Simon,
because Florida ruled that I was not a beneficiary
of Simon's estate, even though Scher just put in
her order today that I am, that he issued a summary
judgment removing my rights in that case.

· · ·You're walking into a very large fraud that
has been ongoing.· 

There are multiple parties.

There have been arrests made for forging documents
in this court by the very people Mr. Rose brought
in to this court, or brought him in to this court.

· · ·The onion started to peel when Judge Scher,
just at the last hearing, and these guys all
admitted I was a beneficiary after they put in all
these pleadings to all these different courts

The 4th DCA, the Supreme Court of Florida, the Illinois
federal courts, stating that I was a beneficiary of
nothing, it had been ruled on, and there's a fraud
upon a fraud upon a fraud going on here.

· · ·So, you know, truly, if you're hearing this,
this Court's order that was issued today, which
appears to be dated for April 3rd but then was
written today April 27th and received today
April 27th by --

· · ·JUDGE COLTON:· The order I just saw?

· · ·MR. ELIOT BERNSTEIN:· The order --

· · ·JUDGE COLTON:· You're talking about the 4th
DCA order?· What order are you talking about?

"·MR. ELIOT BERNSTEIN:· No.· The one Scher
ordered today.
· · ·JUDGE COLTON:· She signed it April 7th.
· · ·MR. ELIOT BERNSTEIN:· April 27th.
· · ·JUDGE COLTON:· Oh, that -- no, no, no.
April 27th is today.
· · ·JUDGE COLTON:· She set -- on April 7th she set
a hearing today --
· · ·MR. ELIOT BERNSTEIN:· No, no.
· · ·JUDGE COLTON:· -- for 4:30.
· · ·MR. ELIOT BERNSTEIN:· Yes, sir.
· · ·JUDGE COLTON:· On April 11th she set a hearing
today at 4:30, but it was an amended order as to
the time only.

· · ·MR. ELIOT BERNSTEIN:· Yes, Your Honor, but
today she issued another order.

· · ·JUDGE COLTON:· She did?

· · ·MR. ELIOT BERNSTEIN:· Yes, sir.

· · ·JUDGE COLTON:· How?· Well, where is it?· Who
gave it to me?

· · ·MR. ELIOT BERNSTEIN:· Nobody.
· · ·MR. ROSE:· It's completely -- it's an order on
a motion that we heard months ago.· It's unrelated
to this motion today.

MR. ELIOT BERNSTEIN:· Oh, no, it's highly
related to this motion.· In fact, it supports my
case if you'd let me finish.

· · ·JUDGE COLTON:· Go ahead.· I'll let you finish.
· · ·MR. ELIOT BERNSTEIN:· So she issued an order
today.· If you look it up in the computer, on
paragraph 17 of that order, she says that I, Eliot
Bernstein, am a beneficiary of the Estate of Simon
Bernstein, giving me standing -- which they have
both argued that I did not have for two years and
kept me out of proceedings, denying me due process
and procedure.· 

And because of that, that sufficient basis can now 
modify the order of the scheduling of hearings.· 
Because when the hearings
were first scheduled, that order they gave, you
know, scheduling with Judge Scher, she was told
that I wasn't a beneficiary of the estate.

· · ·So now she's overruled all that, and it's
causing a cataclysm with state and federal,
criminal authorities, as well as going to the
Illinois federal court, Judge Blakey, whose father
wrote the RICO Act, .. --

· · ·JUDGE COLTON:· Is that John Blakey?
· · ·JUDGE COLTON:· Oh, okay.

·MR. ELIOT BERNSTEIN:· Northwestern.· And he
dismissed an action saying that because Florida
said I wasn't a beneficiary of the Simon Bernstein
Estate, he was issuing summary judgment against me
saying I didn't have standing there.

· · ·This now changes everything, so understand
that.· And her order proves the fraud.· Meaning, it
proves that they've been telling the courts
factually incorrect things.·  And I believe that
falls under -- oh, God.· I'll think of that
criminal term in a minute, but it's moving the
court falsely with knowledge of what they were

· · ·And, like I said, 47 times that's repeated in
orders that denied me -- I couldn't even speak at
hearings with Judge Phillips because he was on the
same rant.

· · ·In fact, if you read any of the four documents
they say are valid, I'm the beneficiary in every
single one.· So we'll get to that part in a minute,
but let me continue.

· · ·That fraud that's been going on since Phillips
issued these orders saying I wasn't a beneficiary
that Scher just overturned, it's gone on for over a
year and it's been going on with Brian O'Connell.

And I want to state on the record, Your Honor, take
judicial notice of this:· In Mr. O'Connell's
deposition leading up to the hearings that Judge
Scher just had, I asked him about a conflict of
interest with his law firm and a partner of his,
Jerald Beer.·

And he declined -- in his deposition
he said he didn't know anything about it.· And I
said I had sent him the information.· He said,
"Well, if you send it to me again, I'll, you know,
obviously resolve it immediately."· That's in his

· · ·So I sent him the very next day the letter I
had sent him a year before.· Now this is about an
asset in this estate that Mr. Rose has claimed is
worth a trillion dollars.· So -- yes.

· · ·JUDGE COLTON:· A trillion dollars?

· · ·MR. ELIOT BERNSTEIN:· A trillion dollars.

· · ·MR. ROSE:· Am I allowed to say --

· · ·JUDGE COLTON:· Not yet.

· · ·MR. ELIOT BERNSTEIN:· Other people have --

· · ·JUDGE COLTON:· Let him finish.

· · ·MR. ROSE:· Okay.

· · ·MR. ELIOT BERNSTEIN:· So Mr. O'Connell, I sent
that over to him the next day, and that's weeks
ago.· He's refused to acknowledge if he has

He shouldn't even be here because the
conflict is so egregious, that he just keeps
avoiding it and showing up at court and making
pleadings, and that continues the fraud.

· · ·Okay.· I believe the Court needs to, you know,
review the records of the proceedings to find
sufficient cause based upon this continuing and
ongoing pattern and practice of fraud upon the
court to issue discovery compliance and related
discovery proceedings.·

There should be an order issued placing 
an injunction against Alan Rose, Ted
Bernstein, and Brian O'Connell to separately
catalog, identify, and preserve all discovery,
including the time of receipt of such discovery,
the source and location of such discovery, where it
was derived from, whether the discovery is an
original or a copy, and related protective measures
to preserve the integrity of the proceedings, and
that's because all of the documents that were
ordered by Judge Colin to be turned over when the
other attorneys were removed for fraud, they didn't
turn over.·

They turned over only alleged copies,
so all the original documents of my father,
business records and everything, are missing at
this point, including the trusts and wills.

So, nobody has them that we're aware of, and
this is one of the big things we've been moving on
in our papers, and I believe that's why Judge Scher
called this up today.· If she wanted to quash it,
she would have done that.

· · ·This Court should further issue an immediate
injunction prohibiting any and all further
disposition of any asset of any kind of the estate
and trust.· There's been allegations by Mr. Feaman,
just prior to Judge Phillips leaving, that he was
aware of fraud and missing assets and theft of
assets and theft of jewelry, and it's all on the
record in the September 1st hearing where Judge
Phillips said, "We'll get to that."· Mr. -- and
then he left right after that, so we haven't got to
that order yet.· And there's been all kinds of
allegations in the papers of missing assets.

· · ·There's been no accounting in my mom's trust
since she died in 2010.· There's no complete
records.· Right.· See, there's a lot of fraud going
on here.

· · ·All evidentiary hearings should be scheduled
in accordance with procedural and substitute due
process; including, but not limited to, the
exchange of witness and exhibit lists.· Because for
this hearing I was calling witnesses and, you know,
I figured proper pretrial procedures would be heard
if we were going to have an evidentiary hearing
here and so -- and that would take me a lot longer.
I put in, you know, 10, 15 witnesses just to get
through, you know, calling them up.

· · ·The Court has sufficient evidence before it
now to move on the Court's own motion, if you have
reviewed the files, for the removal based on the
fraud that just occurred in the last hearings of
Ted Bernstein, Brian O'Connell, and for appropriate
discipline, whether you want to take it to the bar
or not or Judge Scher.

· · ·Well, Judge Scher has now become a witness to
the fraud.· She's now overruled the past issue that
I'm not a beneficiary.· 
Remember, I was stifled with a bag over my head
at these hearings because
supposedly I wasn't a beneficiary.· This is after
years where Judge Colin, you know, and everybody
said I was a beneficiary, but Mr. Rose needed to
shut it down, and somehow he got Judge Phillips --
who didn't seem that much lucid at the time he was
here of what hearings he was in, what cases he was
in, and that's all in the record -- got him to
believe all this crazy stuff, and it ended up in a
federal court and it ended up -- on the stand both
these guys admitted last time I was a beneficiary.
It was like pulling teeth, but they finally, if you
read the transcripts, you know, cough it up and
Mr. Rose concedes that he's misrepresented the

"MR. ELIOT BERNSTEIN:· But we're ready for
everything from this Court, so trust me.
· · ·JUDGE COLTON:· I do.

· · ·MR. ELIOT BERNSTEIN:· This Court should
further transmit notice of its order issued today
to be Illinois District Court.· So Judge Scher
should be sending that to Judge Blakey because it
shows that the Illinois Federal Court has been
seriously misrepresented fraudulently by officers
of the court.

· · ·Remember, all these crimes that are occurring
to us have occurred by officers of the court:

Committing forgery, fraudulent signatures of six
separate parties in the case.· It's mind-boggling.

· · ·And, again, we'll peel the onion.· But they
claim that same fraud in the Illinois courts, so he
should be noticed.· And I believe it's Canon 3, you
guys got some kind of obligation, when you're aware
of fraud, to be notifying the proper state,
federal, civil, and criminal authorities of the
misconduct of attorneys at law who come in and
misrepresent the record.

· · ·Now, by the way, if you look at Mr. Feaman and
Mr. Royer's written closing statements, they start
out with -- "In opening statement by Mr. Rose, the
Court heard numerous" -- this is from a lawyer,
it's his partner.· "In opening statement by
Mr. Rose, the Court heard numerous misstatements of
fact and unsubstantiated assertions which are
contradicted by the evidence and not supported by
the record."· So they're saying they have --

· · ·JUDGE COLTON:· Now is that pursuant to an
order you're reading from?

· · ·MR. ELIOT BERNSTEIN:· This was a part of what
went into Judge Scher's order today.

· · ·MR. ROSE:· That's the written final argument
for the motion that she denied today and ruled for
· · ·JUDGE COLTON:· Okay.
· · ·MR. ROSE:· But that's the written final
· · ·MR. ELIOT BERNSTEIN:· Well, I'm not sure she
ruled for them.
· · ·MR. ROSE:· That's the written --
· · ·JUDGE COLTON:· That's your written --
· · ·MR. ROSE:· No, no.· That's the written final

argument by Mr. Royer and Mr. Feaman --
· · ·JUDGE COLTON:· It's your final argument?
· · ·MR. ROSE:· -- in support of their motion, and
she denied it today.
· · ·MR. ROYER:· His final arguments.· His
statements and his final arguments.
· · ·JUDGE COLTON:· Okay.

· · ·MR. ELIOT BERNSTEIN:· And he lists a host of
things like they said "Eliot is not a beneficiary."
They walked in the court with that argument.

· · ·JUDGE COLTON:· Now, Eliot, I know that you're
reading from a piece of paper there too.

· · ·MR. ELIOT BERNSTEIN:· Yes, sir.

· · ·JUDGE COLTON:· That's your summary, your
notes --

· · ·MR. ELIOT BERNSTEIN:· Guidelines.

· · ·JUDGE COLTON:· -- guidelines as to your
opening that you want me to hear, right?

· · ·MR. ELIOT BERNSTEIN:· Well, I was just going
to open with Judge Scher to get it to an
evidentiary hearing as well but...  "

Attorney Alan Rose Speaking 
(Keep in Mind that in Dec. of 2015 Eliots children were not all minors.
Alan Rose is NOT acting Ethical)

"So Judge Phillips, in December of 2015, by a
final judgment which was affirmed today, determined
that the beneficiaries of the trusts, which is
where all the money is going into the trusts, the
beneficiaries of the trusts are ten grandchildren,
so that's where you have beneficiaries.· Three of
ten grand --

· · ·The grandchildren are not direct
beneficiaries.· The grandchildren are indirect
beneficiaries.· The beneficiaries are technically
ten newly created trusts, so there's ten trusts
created by Simon's testamentary documents.· Those
ten trusts are the beneficiaries of all the money.

· · ·Other than some tangible personal property,
Eliot Bernstein is the beneficiary, along with his
five siblings, so one-fifth each, of furniture and
jewelry.· According to the inventories, the total
of the furniture and the jewelry is less than 100,
plus or minus, 100,000.· So his interest in this
whole thing is less than $20,000.

· · ·I believe the furniture is going to sell for
substantially less than even the appraised value,
but assuming it's sold at the appraised value --  "

"And there's been no evidence.· He didn't present any evidence.
· · ·JUDGE COLTON:· Well, that was just his
opening.· He wants another week to present his 16
· · ·MR. ROSE:· We would ask you to deny --"

Guardian Diana Lewis Below Speaking

"·JUDGE LEWIS:· Judge,  I'm here to protect the
assets of the children, and that's the only role I

· · ·JUDGE COLTON:· Okay.· And ten grandchildren?
· · ·JUDGE LEWIS:· Eliot's three.
· · ·JUDGE COLTON:· Eliot's three children?"

Click Below to Read Cease and Desist Letter To Diana Lewis, GUARDIAN, not Judge, former Judge and SHOULD not be Judge Lewis in this Transcript.  Read the Letter and see the Law and Issues.

HAVE NOT Denied that Eliot Was a Beneficiary? Really Brian O'Connell? 
IS that the TRUTH? The WHOLE TRUTH and Nothing But?

"·JUDGE COLTON:· What do you want to tell me?

· · ·MR. O'CONNELL:· Just that this case has been
going on for years.· Mr. Bernstein has participated
fully in this case.· There's no fraud certainly on
anything we've done.

· · ·He is the beneficiary as to tangible personal
property.· We haven't denied that.· And the reason
I'm mentioning all that, his motion -- looks like a
1.540 motion based on fraud to -- actually to
vacate an order of Judge Scher that did nothing but
schedule other hearings, so it isn't even a
substantive type of order.· But there's certainly
no fraud.· There's certainly no basis.· There's no
evidence.· There's nothing to grant such a motion.
· · ·And the other things that are in here also are
procedurally improper.· Removal, items of that

nature have to be accompanied by proper pleadings.
That's one reason I presented that one order that I
did to you earlier.· There's no such pleading.· He
asked for an injunction, you heard that.· There's
no bases for injunction even set forth in here,
more or less evidence.

· · ·JUDGE COLTON:· Well, I sort of feel like I'm
in a harder position now because Eliot is going to
be able to classify me along with Colin and
Phillips and Scher and now he's got me.

· · ·MR. O'CONNELL:· That's a very distinguished
group, Your Honor.

· · ·JUDGE COLTON:· What a group, huh?· Only one
last question.· How does the state of Illinois get
involved in this?

· · ·MR. O'CONNELL:· Do you want to explain that?

· · ·MR. ROSE:· There's a life insurance policy.  (WHAT, where is the POLICY ALAN?)
The proceeds of which were interpled in Illinois,
and there's a fight between the estate,
Mr. O'Connell who's one claimant, and an insurance
trust from Illinois, that's this other claimant.
And in that lawsuit, I believe Eliot Bernstein
filed his own individual claims --

· · ·JUDGE COLTON:· Okay.

· · ·MR. ROSE:· -- to try to take the policy for
himself.· And I think those were disposed of via a
federal court judge by way of a summary judgment.

· · ·JUDGE COLTON:· I'm going to pass out what
Mr. Eliot left with me here.· These are his notes.

· · ·MR. ROSE:· And I brought a proposed order that
just denies the motion.

· · ·JUDGE COLTON:· Okay.· Give me a proposed
order.· I want to take it under advisement.

· · ·MR. ROSE:· That's fine.· And I gave a copy --
for the record, I gave a copy of the order to
Mr. Bernstein when I first arrived, Mr. Eliot

· · ·JUDGE COLTON:· Does it show addresses of all
who gets a copy on there?

· · ·MR. ROSE:· It does.· It has a service list.

· · ·JUDGE COLTON:· Okay.· That's all I need.

· · ·MR. ROSE:· Okay.· I didn't bring envelopes, I

· · ·JUDGE COLTON:· That's okay.· I guess what you
do now is you just send it through some kind of a
doorway or a portal or whatever and it gets all out
there in the cyber world and, wow, look at that.

· · ·MR. ROSE:· That's just the style of the
· · ·JUDGE COLTON:· That's just the style of the
· · ·MR. ROSE:· Of the motion.

· · ·JUDGE COLTON:· Has Mr. Eliot Bernstein ever
been represented by an attorney?

· · ·MR. O'CONNELL:· Not that I'm aware of.

· · ·MR. ROSE:· For a very short period of time in
this case I believe there was an attorney.· I don't
know if the attorney was representing Mr. Bernstein
individually or his children or both.

· · ·JUDGE COLTON:· Okay.

· · ·MR. ROSE:· There was at least one lawyer who
appeared.· I believe that -- I believe it was a
Mr. Pratt, but I'm not --

· · ·JUDGE COLTON:· Well, thank you very much. I
appreciate you being here.

· · ·MR. ROSE:· Thank you.
· · ·JUDGE COLTON:· And let me say that I think I
understand, and I've reviewed certain things, and I
think I know what's going on.
· · ·MR. O'CONNELL:· Thank you, Your Honor.
· · ·JUDGE COLTON:· Thank you.
· · ·MR. O'CONNELL:· I appreciate it.
· · ·MR. ROYER:· Thank you, sir.
· · ·JUDGE COLTON:· Diana, it's always a pleasure
to see you."

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