KAMALA D. HARRIS
Attorney General
State of California
DEPARTMENT OF JUSTICE
BUREAU OF MEDI-CAL FRAUD AND ELDER ABUSE
1425 RIVER PARK DR., SUITE 300
SACRAMENTO, CA 95815-4524
Telephone: (916) 263-2533
Facsimile: (916) 263-0864
E-Mail: Mark.Geiger@doj.ca.gov
March 23, 2012
Mr. Michael Long
P.O. Box *****
York, South Carolina 29745-2608
RE: Your Complaint for Elder Abuse
Robert and Doris Fuller, Daniel K. Lak
Dear Mr. Long:
Your letters and e-mails have found their way to my desk for me to review, once again, whether or not the California Attorney General's Office, Bureau of Medi-Cal Fraud and Elder Abuse, can assist you. I understand you contend that your uncle and aunt, Robert and Doris Fuller, with the help from their lawyer, Daniel K. Kak, isolated your grandparents and began to exercise undue influence over them and their affairs to the exclusion of all other relatives. I further understand you believe that Mr. and Mrs. Fuller took control of, and squandered, your grandparent's assets, whether by forgery, deceit or undue influence so as to remove their free will over making dispositions.
Our Bureau cannot assist you in this matter because our authority to act is entirely dictated by our federal funding agency, the Department of Health and Human Services. Our mission - and our only authority - is to investigate and prosecute elder abuse as part of protecting the integrity of the Medicaid assistance program (42 USC 1396 et seq.). In short, since your grandparents were not Medicaid recipients nor, as I understand it, residents in a Medicaid-funded Skilled Nursing Facility, we would be running afoul of the law to pursue this matter.
More importantly, however, it is my opinion that the Attorney General's Office is not the proper venue for your complaint. At its most basic level, your complaint centers around a probate court dispute. The probate judge who determined that your aunt and uncle were right to take control of your grandparents' assets is the party that bears responsibility for the proper oversight of their estate. The Attorney General is not empowered to stand in the place of any heir who believes that an estate's apportionment was wrongly done and wishes to revisit a better division of the proceeds.
Mr. Michael Long
March 23, 2012 Page 2
Your allegations of wrong-doing by the Fullers or Mr. Lake should be forwarded, as last suggested in the enclosed response letter to you from the Public Inquiry Unit on March 16, 2012, to the Commission on Judicial Performance. I will also suggest the California State Bar will look into your allegations that Mr. Lak committed a fraud upon the court. You will find their contact number information at: www.calbar.ca.gov .
I will hope your appeal to the Los Angeles District Attorney may bear fruit. Even though that office may be overwhelmed, they are a solid prosecutorial office and are not limited, as we are, by our funding.
Beat of luck to you in your pursuit of justice.
Sincerely,
MARK GEIGER, Director
Bureau of Medi-Cal Fraud and Elder Abuse
For KAMALA D. HARRIS
Attorney General
Cc: Enclosure
KAMALA D. HARRIS
Attorney General
State of California
DEPARTMENT OF JUSTICE
PUBLIC INQUIRY UNIT
P.O. BOX 944255
SACRAMENTO, CA 94244-2550
(916)322-3360
TOLL FREE: (800)952-5225
TTY; CA Relay Service
(800) 735-2922
March 16, 2012
PIU:331177
Mr. Michael Long
P.O. Box *****
York, SC 29745-2608
Dear Mr. Long:
Thank you for your correspondence to the Office of the Attorney General regarding a conservator, guardian, or trustee.
We regret that we are unable to assist you, as this matter falls outside of our jurisdiction. Conservators, guardians and trustees are appointed by the Superior Court of the county where the person or estate is located. The court may remove a conservator, guardian, or trustee who is not doing the job properly, and then appoint a new conservator, guardian, or trustee. The ward or conservatee, or any of his or her relatives or Meads, may petition the court to remove and replace the conservator. The petition must state facts showing cause for removal.
Your complaint about the judge(s) involved in this case should be directed to the Commission on Judicial Performance. The Commission has exclusive jurisdiction over complaints against judges. You may contact the Commission as follows:
Commission on Judicial Performance
455 Golden Gate Avenue, Suite 14400
San Francisco, CA 94102
Telephone: (415)557-1200
Fax: (415)557-1266
Internet: http://cjp.ca.gov
If you wish to pursue this matter, we recommend that you consult a private attorney. An attorney would directly represent your interests and is the one whose advice would be most helpful to you.
Sincerely,
T. Maggio (sp)
Public inquiry Unit
For KAMALA D. HARRIS
Attorney General
Every single agency on all levels within these United States of America has passed the buck.
There should be a letter or letters in the various files in your offices and others early on from US Sen. Lindsey Graham, SC on my behalf.
My only option is to keep on blogging.
My grandfather is dead, you people need to get off your asses!
Los Angeles County Superior Court
BP099211, BP122665 & BP118616
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