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ELDER ABUSE IS A CRIME?
Res ipsa loquitur
"Of all the illegal and illicit enterprises in the world, elder exploitation is among the safest and most profitable."
“All that is necessary for the triumph of evil is that good men do nothing." - Edmund Burke
Reach one, teach one.
"They made us many promises, more than I can remember. But they kept but one--They promised to take our land...and they took it." - Mahpíya Lúta (Red Cloud)
"Si vis Pacem, Para Bellum - If you want Peace, prepare for War."
"Fall Down Seven Times, Stand Up Eight."
"Don't stop until your good is better and your better is best... your best is the best there is!"
Journalism is a method of inquiry and literary style that aims to provide a service to the public by the dissemination and analysis of news and other information. Journalistic integrity is based on the principles of truth, disclosure, and editorial independence. Journalistic mediums can vary diversely, from print publishing to electronic broadcasting, and from newspaper to television channels, as well as to the web, and to digital technology.
In modern society, the news media is the chief purveyor of information and opinion about public affairs. Journalism, however, is not always confined to the news media or to news itself, as journalistic communication may find its way into broader forms of expression, including literature and cinema. In some nations, the news media is still controlled by government intervention, and is not fully an independent body.
In a democratic society, however, access to free information plays a central role in creating a system of checks and balance, and in distributing power equally amongst governments, businesses, individuals, and other social entities. Access to verifiable information gathered by independent media sources, which adhere to journalistic standards, can also be of service to ordinary citizens, by empowering them with the tools they need in order to participate in the political process.
With 10,000 baby boomers turning 65 every day in the United States, Baker says the problem is only going to get worse.
"We have what can really only be described as a 'silver tsunami' coming in this state with so many people retiring," Baker said. "They're vibrant and wonderful contributing members of our community, but they're also the No. 1 target for predators in fraud and financial crimes." Among those were Jean Phyllis Jones, of Pleasanton, who was suffering from dementia when former Pinole police commander Matthew Messier walked into her life. Within weeks of befriending Jones, Messier, according to authorities, tricked her into signing over her $1.5 million, century-old Victorian estate. "To be cheated was devastating, and it made her decline even more," said Heidi Bailey, one of two neighbors who reported the case to authorities. Messier eventually pleaded no contest to one felony count of lying on his bankruptcy filings and received five years probation. He served about two months in County Jail and was required to reimburse Jones for the legal fees but never admitted to defrauding her. Jones died in January at 84. Former Alameda County Superior Court judge Paul Seeman was charged in 2013 in connection with stealing more than $200,000 from his elderly neighbor Anne Nutting, who died in 2010. Seeman, prosecutors said, befriended Nutting, obtained power of attorney and pilfered from her accounts. Seeman pleaded no contest to felony counts of financial elder abuse and perjury, but as part of a deal with prosecutors, he was given time served. He was disbarred and removed from the bench, forced to pay restitution to Nutting's estate and received five years probation. Last year, Alameda County prosecuted about 415 cases of elder abuse, most of them embezzlement, fraud and identity theft, according to District Attorney Nancy O'Malley. In many cases, O'Malley said, a younger stranger will befriend the elderly person, gain their trust, and then steal behind their backs.
May the road rise to greet you. May the wind be always at your back; the rain fall soft upon your fields' and until we meet again, may God hold you in the hollow of his hand. Love always, Michael In Memoriam, Mr. Thelsey L. Fuller
A hearing was held on 08/12/2015 in regards to the Estate of Edwina Fuller in Los Angeles Superior Court, Case # BP 135 381. We have learned that the court indicated to both Steven Fuller and his attorney Teddie J. Randall that Mr. Fuller incorrectly took the money from the conservatorship. Steven Fuller believed that he had a right to the money because he had a lien on the probate estate. The money was placed into the conservatorship not the probate estate and he just took it. The court took the matter under submission and will issue a written ruling. Steven violated his fiduciary duty by taking the money. More to come.
[Department LA 5 Court Convened at: 1:30 PM 8/12/2015]
Dear PA Matthew Osborne,
This email is to notify you as the Probate Attorney that I have not received copies of the Supplement to Accounting filed with the Court on 06/09/2015 nor the bank statements in regards to the Estate of Edwina Fuller which were requested of Atty. Randall and Steven Fuller almost a year ago.
Please see attached.
The lack of transparency by Atty. Randall and Mr. Fuller in regards to this estate is very unsettling, very disturbing, criminal.
Warmest regards,
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(Teddie J. Randall & Steven Fuller)
Know that I will seek further action against both of you with the proper authorities for your failure to provide the information requested in regards to the Estate of Edwina Fuller.
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I have explained this to you before and the court has informed you. You are not an attorney, nor do you represent any one in this action. I will not be providing you with any documents. You have a right to request any documentation from the administrator, Mr. Steven Fuller.
Attorney T. Randall
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You are correct - I am not a shyster, a liar, and or a thief.
I can't say the same about you counselor.
I would not have needed to attempt to look out for my mother's best interest via a limited power of attorney [find attached] if you were above board, open, and honest.
My mother wants a copy, I'm sure she's entitled to it.
She has alleged that you will not respond to her, don't answer her calls nor return them.
That is your pattern as far as she is concerned.
I already know that you took advantage of her and my Aunt Carol.
Department LA 5 Court Convened at: 1:30 PM 8/12/2015
Honorable Maria E. Stratton D. Gonzalez , Deputy County Clerk L. Ruiz , Deputy Sheriff C. Peters, CSR 5667 , Reporter
BP135381 5003 FULLER, EDWINA - DECEDENT Letters of Administr
FNL ACT/FEES/EXTRA FEES & DIST
Petitioner(s): Fuller, Steven
Attorney(s): Randall, Teddie J., Esq.
Continuance Number: 2 Continuance From: Monday, July 20, 2015
Last Date Changed: Tuesday, July 28, 2015 5:13:17 PM
Last Note Changed By: MOSBORNE
To clear probate notes "filed documents" must be submitted to Rm 429, within time frames set forth in Rule 4.4 (b) of LASC Rules. You may contact the Probate Attorney or Probate Examiner whose E-Mail address appears at the end of these notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Rules are available on the Court's web site at www.LACourt.org.
Petition filed 3/3/15
PRIOR ORDERS: Cont to 8/12/15 @ 1:30 p.m.
SUMMARY: Petnr is decd's son/admr Ltrs 3/6/13 D/D 6/2/12 1st & Final Acct 6/2/12 to 2/28/15 [Assets on hand $21,82087 - cash only]
Supp filed 6/9/15
OTHER CASES: Thelsey L. Fuller Trust dtd 7/23/2008 at BP122665 (Said trust was other owner of 50% interest in R/P located at 1916 Belhaven Avenue, Los Angeles, CA that was sold herein) - next hrg set for 7/8/15; Decd's cshp previously in BP099211; Estate of decd trustor Thelsey L. Fuller at BP118616 (terminated per 5/17/12 minute order)
MATTERS TO CLEAR: N/A
***************************** Objs filed 4/17/15; Amendment to objs filed 5/1/15 Objr is Sandra Arnold through her agent Michael L. Long (self represented)
SUMMARY: Objr is atty in fact for decd's daughter Sandra Arnold Objs served
MATTERS TO BE CLEARED: N/A
ARGUMENT: Objr alleges he was granted a limited pwr of atty in 11/13 by Sandra Arnold, a beneficiary of the Thelsey L. Fuller Trust and this estate.
Objr alleges the accounting is fatally flawed in that the Thelsey L. Fuller Trust, [BP 122665], via atty Tala R. Davis as succr tee of the Thelsey L. Fuller Trust, paid $107,692.30 to the this estate with a certified cashier's check from Comerica Bank dated 09/29/2014 to Steven Fuller as conservator of the estate and person of Edwina Fuller and said monies have not been accounted for.
Objr alleges that those funds were misappropriated and converted by petnr Steven Fuller with the help of atty Teddie J. Randall and that by failing to properly give an accurate and honest accounting to the court constitutes fraud, theft, conversion and financial elder abuse against the beneficiaries of this estate.
***************************** ***************************** Objs filed 6/10/15 Objr is Sandra Jones Anderson (self-represented)
SUMMARY: Objr is former atty for Steven Fuller as consr of the pers & est in BP099211 Objs verified & served
MATTERS TO BE CLEARED: N/A
ARGUMENT: Objr, as the former atty for consr Steven Fuller, filed a petn for fees after becoming aware that her former client Steven Fuller had, without notice, consulted another attorney to prepare and file the Second Account and Final Account and Report of the cshp. Said 2nd & Final Acct for the cshp omitted any reference to objr's srvcs or to the costs advanced by the objr on behalf of the cshp estate. The acct did indicate that the cshp had an ending balance of $192,837.50 of which $145.29 was cash, $85,000 in real property and $107,692.30 in a judgment in favor of the cshp.
Per 11/18/14 order approving Steven Fuller's final acct as consr, Fuller was authorized and directed to pay objr the sum of $14,951 for atty fees and $161 for costs advanced. Despite this order, objr has not been paid.
Objr has confirmed that Steven Fuller as consr of th eestate received payment of the judgment in the amt of $107,692.30 on or about 9/30/14.
a) that the court order Steven Fuller and atty Teddie J. Randall to account for the $107,692.30 paid to the Estate of Edwina Fuller by the Estate of Thelsey L. Fuller and to deposit same into a blkd account along with any other monies belonging to the Estate of Edwina Fuller;
b) that the court order that any monies not accounted for and or produced by Steven Fuller and atty Teddie J. Randall be held against them; that they be jointly and severally liable for all missing monies and that those missing monies be recovered from any fees claimed by them against the Estate of Edwina Fuller;
c) that the court reject and deny the 1st and Final Rept and Acct, as well as any and all acts and proceedings of the admr;
d) that the court deny any payments to Steven Fuller, Teddie J. Randall and Randall & Associates or any other creditor until such time as a proper and accurate accounting is conducted and then reviewed by the court and all parties involved;
e) that the court deny the proposed distribution;
f) that the court find that Steven Fuller and atty Teddie J. Randall attempted to mislead the court, are in contempt of court and committed perjury in regards to the accounting;
g) that the court find that atty Randall, after being notified of the objections to the sale of the Belhaven Ave. property below fair market value, failed to oppose the safe of the Belhaven Ave. property causing a financial loss to his clients, Shirley Ritchey and Sandra Arnold in regards to the Thelsey L. Fuller Trust in the amount of $20,875;
h) that the court find that atty Randall has a conflict of interest in the various court cases, BP09921 et. al;
i) that the court consider the complaint filed against atty Randall with the State Bar, inquiry #14 18164 [pending] for his failure to provide adequate legal representation to his client(s) Sandra Arnold and Shirley Ritchey but, instead provided legal services geared mainly to benefit the designs of Steven Fuller thus causing a financial loss to all less Steven Fuller;
j) that the court consider Exhibits 1 12 attached to the objs as background info as to the objs and the allegations contained in the objs when making its determination as to the distribution
k) that the Court force Steven Fuller, admr, to give an accounting for the alleged life insurance policy of Edwina Fuller
5. JTD Sandra Arnold's amendment to objs filed 5/1/15: That the court revisit, rescind and or revise the award of $124,700 to claimant/petitioner, Steven Fuller, also known as Steven A. Fuller
6. JTD objections of petnr's former attorney Sandra Jones Anderson: a) an Order directing Steven Fuller as the former consr of the estate of Edwina Fuller, and now the admr of the estate of Edwina Fuller to pay to Sandra Jones Anderson, former attorney for the cshp of Edwina Fuller, the sum of $14,951 for attorney fees and $161.00 for costs advanced by objr for her services to the cshp of Edwina Fuller in Los Angeles Superior Court Case No. BP 099211, pursuant to the 11/18/14 Order of the Court
o/w reimb petnr's costs $770; dist ok
PA COMMENTS: Has petnr provided objr with a copy of request bank statement?
