Tuesday, August 29, 2017

Simon Bernstein Irrevocable Insurance Trust; Judge Blakey Northern District of Illinois; Beneficiary Eliot Bernstein Status Report with Exhibits

United States District Court
Northern District of Illinois 

The following transaction was entered on 7/13/2017 at 9:48 AM CDT and filed on 7/13/2017
Case Name:
Simon Bernstein Irrevocable Insurance Trust Dtd 6/21/95 v. Heritage Union Life Insurance Company
Case Number:
Filer:
Simon Bernstein Irrevocable Insurance Trust Dtd 6/21/95
Document Number:
Docket Text: STATUS Report by Simon Bernstein Irrevocable Insurance Trust Dtd 6/21/95 (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Bernstein, Eliot)

CURRENT PROCEDURAL POSTURE:

This action comes on for a Status Conference after recent Summary Judgment proceedings and then Court Ordered Settlement and Mediation proceedings and Pre-trial and Trial Scheduling where the Pre-Trial scheduling date has now been stricken by this District Court.
While Eliot I. Bernstein notifies this Court of direct “Fraud Upon the Court” by at least Plaintiff Attorney Adam Simon and Ted Bernstein directly impacting any alleged “Settlement
Agreement” and proceedings and the recent Summary Judgment Decision by this Court, Eliot I. Bernstein was allegedly “terminated” from this Action after a Summary Judgment
Memorandum Opinion and Order announced Jan. 25, 2017 ( Docket Entry 272 ) and issued Jan. 30, 2017 ( Docket Entry 273 ).

After filing a Notice of Appeal and submitting a Motion and Jurisdictional Statement to the US 7th Circuit Court of Appeals demonstrating how Appellant had been terminated from Electronic Notices in the District Court, Eliot I. Bernstein thereafter began receiving Electronic Notices from the US District Court including Docket Entry No. 288 received July 10, 2017 containing a Minute Order setting this Status Conference. Eliot I. Bernstein made appropriate timely arrangements to appear by Telephone consistent with the Instructions from this District Court.

The US 7th Circuit Court of Appeals Dismissed Appellant’s Appeal as “premature” and for lack of jurisdiction noting that this District Court has a clearly scheduled “Trial Date” on its calendar and the action is ongoing.

Thus far, due to directly provable Fraud Upon the Court by Plaintiff Ted Bernstein and
Plaintiff’s Attorney Adam Simon, Eliot I. Bernstein was denied any due process Opportunity to be heard or participate in recent Pre-Trial and Trial Schedulng at this time.

ALLEGED “SETTLEMENT AGREEMENT” RECEIVED AS “URGENT” FROM
PLAINTIFF’S ATTORNEY ADAM SIMON July 11, 2017:

Late in the Day on July 11, 2017, Eliot I. Bernstein received an Email from Plaintiff’s Attorney Adam Simon titled, “ URGENT--RESPONSE REQUIRED-- Settlement Agreement” .

Eliot I. Bernstein had not and has not had any Due Process Opportunity to be Heard in any Court Ordered Settlement and Mediation proceedings that gave rise to this alleged Settlement Agreement. 

On the same day July 11, 2017 at or around close of business 5 pm EST, Eliot I. Bernstein received a Case Filing from alleged Creditor William Stansbury, Claimant in the Simon Bernstein Estate, notifying the Florida 15th Judicial Probate Court Judge Scher of this “Executed Settlement Agreement” which was not fully Executed yet being presented to the Florida 15th Judicial in relation to ongoing Hearings to Discharge William Stansbury from further Payment Obligations to pay the Estate of Simon Bernstein’s Chicago Litigation counsel in this Action where the Estate was allowed to Intervene.
VOLUNTARY REQUEST TO PLAINTIFF’S ATTORNEY ADAM SIMON AND
RELATED PARTIES TO CORRECT THE FRAUD UPON THIS US DISTRICT
COURT:
On the same day, July 11, 2017, Eliot I. Bernstein transmitted an Email Request attached herein as Exhibit 1 sent to Plaintiff’s Attorney Adam Simon to Voluntarily Correct proven Fraud upon this Court by at least Adam Simon on behalf of Ted Bernstein, Fraud which directly impacted this US District Court’s Order on Summary Judgment and the subsequent Termination of Eliot Bernstein from the Action and subsequent Orders of this Court in relation to Settlement Proceedings, Mediation and the Pre-Trial and Trial Calendar.

As shown by the full Email in Exhibit 1 to Plaintiff’s Attorney Adam Smon, “As you are and
should be aware, this fraud committed by your office and at least Ted Bernstein has directly
impacted the US District Court's actions specifically including but not limited to the
Summary Judgment Decision and Memorandum issued by the US District Court on Jan.
30, 2017 and Minute Orders and Entries including but not limited to Docket Entries No.
272, 273, 274 and 287.” ( Emphasis Added ).
Eliot I. Bernstein transmitted this Voluntary request to correct the Fraud not only to Plaintiff’s
Attorney Adam Simon, but also an FBI Office where Eliot Bernstein has been directly advised previously of an Open Investigation into one Robert Spallina, former Estate Planner and Attorney for Simon Bernstein directly involved in these Insurance proceedings and also
transmitted to the Acting US Attorney of the SDNY Joon Kim where Eliot I. Bernstein had been providing information on various corruption matters to SDNY US Attorney Preet Bharara until he was terminated from the position. 

This request was also transmitted to “DC No. 1”, a Washington DC contact known to be involved in Federal and State corruption matters including in the Federal Courts in the Chicago area, New York and elsewhere and also directly involved with “Iviewit” matters with access to Signal Intelligence information and other data and being a Witness willing to come forward in various proceedings as relevant.

It is further noted for this Court that Florida 15th Judicial Probate Judge Scher and Plaintiff Ted Bernstein’s other attorney Alan Rose have been requested to Notify this Court of the now proven Fraud upon these proceedings and to take appropriate corrective action.

CHANGE OF CIRCUMSTANCES SINCE ENTRY OF SUMMARY JUDGEMENT
ORDER; NEWLY DISCOVERED EVIDENCE; FRCP 60 MOTION ON COURT’S OWN
INITIATIVE OR LEAVE TO SCHEDULE FILING BY ELIOT I. BERNSTEIN

In addition to actual proof that the Plaintiff Ted Bernstein and his attorney Adam Simon
committed Fraud upon this Court directly impacting the Summary Judgment dismissing all of
Eliot Bernstein’s claims and the subsequent Trial and Pre-Trial Scheduling and Settlement and Mediation proceedings, there has been a substantial Change of Circumstances since the recent Summary Judgment was decided as 15th Judicial Probate Judge Scher in Florida has issued an Order clearly determining that Eliot Bernstein is in fact a Beneficiary of the Simon Bernstein Estate and has standing.

“Newly Discovered Evidence” came forward on or about Feb. 9, 2017 in the nature of an actual Statement and Admission by Estate PR and Attorney Brian O’Connell that showed Eliot Bernstein was in fact a Beneficiary of the Simon Bernstein Estate yet this Admission and Statement which was “Undated” had been Concealed and Secreted from this Court, the 15th Judicial and Eliot Bernstein since at least Dec. 22, 2016 when Ted Bernstein’s attorney Alan Rose transmitted this Admission Statement to Claimant Creditor William Stansbury’s Attorney Peter Feaman. 

The 15th Judicial in Florida was reminded of this Fraud just yesterday July 12, 2017 in Opposition papers in the Claimant Stansbury motion in State court in hearings directly related to this ongoing Action. See Exhibit 2 annexed.

FRCP 60 MOTION ON COURT’S OWN INITIATIVE AND MOTION OR SCHEDULE
AND LEAVE FOR ELIOT BERNSTEIN TO FILE SAME AND RENEW ALL WRITS
ACT INJUNCTION
This Honorable Court is respectfully directed to Docket Entry No. 285, an Amended In Forma Pauperis Application filed on June 26, 2017 which attached a Motion to the US 7th Circuit Court of Appeals and Jurisdictional Statement outlining the known and proven fraud by Plaintiff Ted Bernstein and his Attorney Adam Simon directly impacting the recent Summary Judgment proceedings and Scheduling and Settlement proceedings.

These documents are further annexed herein as Exhibits 3 and 4 respectively.

Should the Court not believe it proper to initiate a FRCP Rule 60 Motion on its own motion and initiative based on Mistake, error, misconduct and fraud then Eliot I. Bernstein seeks leave and a Schedule to file same of at least 15 days from today’s date.

Eliot I. Bernstein further seeks to be fully reinstated into this action and will move to renew the All Writs Injunction based upon newly Discovered evidence and a change of circumstances and seeks further leave and Schedule for these matters.

OTHER NEWLY DISCOVERED EVIDENCE and FURTHER MOTIONS:

The Hearings in the Florida State Court which were about to commence when the recent
Summary Judgment was issued and which Eliot Bernstein notified this Court about in such as admissions that there have been No Construction Hearings ever held by Judge Phillips
rendering other orders void but more importantly direct Conflicts of Interest findings against Ted Bernstein as it relates to this Action and direct actions demonstrating Ted Bernstein and Brian O’Connell have colluded and acted as one as it relates to this Action and “controlling” this action to deny Due process as suggested in the original All Writs Act and where Ted Bernstein’s other attorney Alan Rose has come in to directly act for the Estate in relation to this insurance action.

Further, as attached as Exhibits 4 and 5 are signed Statements transmitted by my adult sons Joshua and Jacob Bernstein in relation to the “Guardianship” with Diana Lewis also transmitted to federal authorities where Josh Bernstein’s Guardianship was a Statutory Violation of Florida law from the outset.

SETTLEMENT AGREEMENT ITSELF SHOWS DAMAGES TO ELIOT BERNSTEIN

The Settlement agreement itself shows Damages to Eliot Bernstein as if the Plaintiff’s claims were valid from the outset, and even assuming the approximately $1.8 Million Insurance proceeds deposited is proper, Eliot Bernstein sustains damages of approximately $180,000 plus interest and delay damages as ⅕ of the Proceeds which would have been Paid originally years ago by the Insurance Carrier would be approximately $360,000.00.
Eliot Bernstein seeks full reinstatement into the action and leave to file proper Motions for same. "

To Read Full Filing of Eliot Bernstein Status Report, Click Below

To Read Recent Summary Judgement Click Below

How in the World did this Gang get a Settlement with Illegal Guardianship, No Insurance Policy, Alleged Murder of the Policy Holder and so much Fraud on the Court?

Tuesday, August 15, 2017

Which Client's wishes was Robert Spallina honoring?


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."

Source
http://www4.floridabar.org/DIVADM/ME/MPDisAct.nsf/DISACTVIEW/2216B13604B68179852580500009786D/$FILE/_43.PDF

Court Hearing Regarding Deceased Signing Documents


September 17th 2017 Hearing

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

21 MR. ELIOT BERNSTEIN: Yes, sir.

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 ‐‐

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

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

5 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.

11 MR. ELIOT BERNSTEIN: Oh.

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
https://drive.google.com/file/d/0Bzn2NurXrSkiV2tXc1RlUTFTc3M/view?usp=sharing


Florida Bar Complaint Filed Against Robert Spallina January 17th, 2014

Tuesday, August 8, 2017

APPELLANT’S PARTIAL RESPONSE TO SHOW CAUSE ORDER AND REQUEST FOR A FURTHER EXTENSION OF TIME

"IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

3. For historical context, this Court’s July 19, 2017 Order to Show Cause seeking to
fundamentally deny and take away Appellant’s rights to be heard fairly on Appeal
was issued within days of Federal Investigators, FBI offices, the DOJ Civil Rights
Division Chief and a US Attorney’s Office receiving signed statements by my two
adult sons Josh and Jake Bernstein regarding the illegal and predatory use of a
“Guardianship ad litem” against my children to further and facilitate a scheme and
pattern of crimes and frauds upon the Courts and a pattern and scheme of
Violations of Statutory requirements regarding the Trusts and Estates of my
deceased parents Simon and Shirley Bernstein and trusts set up for my children by
my parents.

4.   The very issuance of this Order to Show Cause in the context of the Appeals and
Records on Appeal herein and threat to take away my rights on Appeal is sufficient
grounds to establish an objectively reasonable belief that a fair trial can not be
obtained by the entire 4th DCA panel as there is overwhelming Appearance of
Impropriety justifying a motion for mandatory Disqualification under law and
Transfer of this and all cases to a US Constitutionally proper neutral and
independent panel.

5.   Respectfully, while this Court’s Order is “framed” and “worded” such as to paint
myself in a false light, an objective reviewer “looking beyond” the mere words and
labels used by this 4th District Court of Appeals panel of “meritless”, “improper”
, “and has abused the court system” will quickly see the pattern and practice of this
4th DCA abdicating all Judicial responsibility and mandatory obligations even
beginning with the first case mentioned 4D 15-3849 when this Court struck as
unauthorized on Dec. 17, 2015 Appellant’s filing which properly placed before this
Court the False and Misleading conduct of licensed attorney Alan Rose and Steven
Lessne who were knowingly and falsely misquoting a Federal Court Order from
New York.

6. Yet, instead of performing mandatory duties to refer the Florida Bar licensed
attorneys Alan Rose and Steven Lessne’s conduct for Investigation, this Court
instead struck the filing which was filed in the context of an All Writs Petition
beginning at the Florida Supreme Court regarding what should have been the
mandatory Disqualification of Judge Martin Colin and the vacating of his Orders.

7. In fact, what a US Constitutionally proper independent and neutral panel and
reviewer would see is that this 4th DCA for ALL of the cases cited therein either
issued a Per Curiam Affirmance or Decision with No opinion, no discussion, no
analysis of law to facts despite the fact that the 4th DCA itself has repeatedly
violated Statutory procedures, statutory rules, Florida Supreme Court case law, the
4th DCA’s own case law and other longstanding cases of the other District Courts
yet this 4th DCA has acted in this systematic manner as to “escape and prevent”
proper review and due process.

8.    This Court’s illegal pattern and practice of using Per Curiam Affirmances and no
written Decision Orders with no Judges name to further and coverup frauds upon
the Court, substantive due process violations under the US Constitution and direct
criminality in the 15th Judicial are continuing acts outside and in excess of
jurisdiction and using the Courts as a further instrumentality of criminal conduct
despite this Court having mandatory obligations under law to address frauds upon
the Court and report misconduct and effectively regulate the Bar and Practicing
Attorneys in Florida.

9.   As the Florida Supreme Court said in 5-H CORP. v. Padovano Annotate this Case
708 So. 2d 244 (1997), “All Florida judges are, first and foremost, attorneys and
members of The Florida Bar. See generally art. V, § 8, Fla. Const. As such, Florida
judges, just like every other Florida attorney, have an obligation to maintain the
integrity of the legal profession and report to The Florida Bar any professional
misconduct of a fellow attorney. See R. Regulating Fla. Bar 4-8.3(a). This
obligation is reiterated in the Florida Code of Judicial Conduct, which explicitly
provides that "[a] judge who receives information or has actual knowledge that
substantial likelihood exists that a lawyer has committed a violation of the Rules
Regulating The Florida Bar shall take appropriate action." Fla.Code Jud. Conduct,
Canon 3D(2).[6] The Florida Code of Judicial Conduct further mandates that
judges "should participate in establishing, maintaining, and enforcing high
standards of conduct," "shall require order and decorum in proceedings before the
judge," and shall require lawyers subject to their direction and control to be
"patient, dignified, and courteous." Fla.Code Jud. Conduct, Canons 1, 3B(3),
3B(4).”

10.    This Court’s systematic denial of these obligations and actions to instead falsely
turn its powers to sanction myself as Appellant under the facts and Records of
these related cases again creates an objectively reasonable fear that Appellant can
not receive a fair trial before the 4th DCA and thus this Court must Disqualify the
entire Panel and Transfer all cases to a new US Constitutionally proper panel.

11.    Because there are over 9 cases in issue here and substantial records to review and
it takes substantial time to Specifically detail the Frauds and misconduct
disregarded by this Court in each case and because of Appellant’s medical
Treatment and condition, Appellant submits this partial response and seeks further
extension of time to fully and properly submit a detailed list of Errors, Frauds
disregarded, statutory violations disregarded, Florida Supreme Court cases
disregarded, 4th DCA cases disregarded and other uses of this Court as an
Instrumentality of Crime and coverup.

12.    Appellant raises as a US Constitutional due process matter the impropriety of such
practices designed to avoid Florida Supreme Court review and “whitewash” the
fraud and further raise a US Constitutional challenge to the 1980s Amendment and
laws that restricted the Florida Supreme Court jurisdiction as Appellant reasonably
believes the People, citizens and voters did not “Vote” for an Amendment to be
used as an Instrumentality of Crime and fraud.

13.   Appellant asserts that the coverup of frauds and use of the Courts as
instrumentality of crime between the 4th DCA and 15th Judicial Courts is at such a
level as to be a US Constitutional due process problem justifying Federal
intervention and oversight.

14.   To further establish the historical context of this Court’s action in Ordering the
Show Cause on July 19, 2017 designed to silence Appellant’s rights and discredit
Appellant falsely, again this came in context of desperate actions by Ted Bernstein,
Alan Rose and related parties including Brian O’Connell of the Ciklin, O’Connell
law firm acting as current PR of the Simon Bernstein Estate trying to “rush
through” illegal Settlements in State and Federal Court as the frauds are quickly
unraveling and massive fraud shown to Federal investigators by my two Sons
signed letters which are attached as Exhibit 1.

15. All of this comes just a week or so before a Federal Jury in US District Court
found the same Brian O’Connell and Ciklin law firm guilty of a $16 Million
Breach of Fiduciary verdict which the Palm Beach Post has described as a
“Landmark” verdict.  See, http://www.mypalmbeachpost.com/news/jury-hitslawyers-
with-for-doing-senior-wrong-guardianship/6CnikAZ7x3K9z960lz09BN/

16. Appellant has made and been making similar claims of misconduct and breach of
fiduciary duty and fraud against the same Brian O’Connell in some of the related
cases herein where his Partner Ciklin has at all times herein been the brother of
Chief Judge Ciklin of this 4th DCA Panel who only recently has been voted out as
Chief Judge.

17.   Appellant needs additional time to delineate all the Conflicts of Interests in the
various related cases due to the involvement of former Chief Judge Ciklin herein
who had to recuse off two appeal cases in these matters after making rulings in the
cases involving his former firm and only revealing the conflict after request was
made to unmask the Judges on the Orders in these matters.

....

19.   Appellant further has received additional filings from Alan Rose for Ted Bernstein
still continuing to further frauds in the 15th Judicial.

20.   Appellant’s motion is therefore made in good faith and upon a reasonable basis."

Click Below for Source and Full Document
https://drive.google.com/file/d/0Bzn2NurXrSkiT041eG9sa0FmdnM/view?usp=sharing


Ted Claimed his Father Simon Bernstein was murdered right? Then later forgets that he did that? So much Fraud and Forgery and Even Alleged Murder and Jackson National Life Insurance Company with NO POLICY pays 1.7 Million. WOW what a Precedent.


Click To Read Police Report
https://docs.google.com/file/d/0Bzn2NurXrSkiQmktTG1BZFM0cmM/edit

Monday, August 7, 2017

TED Bernstein Made Allegations that his Father Simon Bernstein Was Poisoned. There seems to have been no real investigation. Later Ted Alleged he did not call the police and report that his father was murdered. The Mitch Huhem Investigation is "Blocked" Status. Ted Bernstein, Alan Rose, and Adam Simon in the Simon Bernstein Estate Case. Deborah Huhem, and the PBSO Investigation. Where is the TRUTH?

"10.   I respectfully draw the Court’s attention to Adam Simon’s affirmative representation in the
recent filed Response before this Court that the death of Mitchell Huhem was “a tragic
suicide” and note that nowhere in this filing does Adam Simon or Ted Bernstein provide any
basis of such knowledge, yet represents this to the Court as if it is fact just like Adam Simon
and Ted Bernstein filed with this Court claiming Ted Bernstein as “Trustee” of the Trust in
this case yet NEITHER party had seen such trust, can produce such Trust, or have stated the
basis for falsely filing as if this was a fact.

11.   I also respectfully remind this Court that at no time on Feb. 25th, 2016 during the hearing on
my Emergency Petition for Injunctive relief which included the 7020 Lions Head Lane home
did either Adam Simon or Ted Bernstein disclose to this Court that a dead body had just been
found at the home with alleged gunshot wounds to the head so gruesome that family members
were not allowed to view the body of the deceased as alleged by the sisters of Mitchell
Huhem.

12.   I can affirmatively represent to this Court that as of April 16, 2016, the Palm Beach Sheriff’s
Office still had an “Open” Investigation into the alleged Suicide as I personally received a
phone call from Detective Max-Carlos A. Perez-Pizarro who specifically was seeking
information about the death and further stated that the Palm Beach Sheriff’s Office was also
investigating the fraudulent deed and shell company and real estate transaction involving the
Lions Head lane home involving both Ted Bernstein and his counsel Alan Rose, See, Petition
for All Writs Act Injunction Paragraphs 146-153..

13.   I can also state to this Court upon information and belief with the source being a direct family
member ( sister ) of deceased Mitchell Huhem that the PBSO had informed them that the
family would be notified when the Investigation was closed and that as of yesterday, Tuesday May 10, 2016 the family member sister reports she was directly told by a Supervisor in the
PBSO Central Records Unit that the Status of the Case had now suddenly changed to
“Blocked” Status and the case is Not “Open” nor “Closed” and that “Blocked” meant no one
internally could access the Case files and further stated that one of the possible reasons a case
could become “Blocked” is if an Outside Agency like the State’s Attorney’s Office was
reviewing the case or if a new lead had developed on what happened.

14. I can further say upon information and belief from the Mitchell Huhem family members (
sisters ) that as of this Tuesday, May 10, 2012 the PBSO still had not interviewed them for
alleged multiple contradictions in the storyline provided by Mitchell Huhem’s wife Deborah
Huhem in the days after the body was discovered and further that Ted Bernstein had claimed
to one sister that he was supposed to be meeting with Mitchell Huhem on the morning the
body was allegedly discovered and that Ted Bernstein portrayed himself as a “close friend” of
Mitchell Huhem’s, yet according to the sister the PBSO had not even interviewed Ted
Bernstein about the case as of March 10, 2016.

15. Ted Bernstein’s counsel, Alan Rose, however, had claimed in an Electronic mail ( email ) sent
to myself along the wires dated March 10, 2016 in part as follows: “Neither Ted nor anyone
else on your mother's side of this sale knew or needed to know about the buyer.”

16.  Yet, pictorial evidence is available showing Ted Bernstein and Mitchell Huhem together for
Thanksgiving Dinner in Nov. of 2015 and according to Mitchell Huhem’s sister, Mitchell’s
wife was “staying” with Ted Bernstein and Debbie Bernstein at their intra-coastal home in
Florida in the days after the body was allegedly discovered

Mitchell Huhem’s wife Deborah had waited approximately 15-20 hours to even notify any of Mitchell’s blood relative family members including the sisters and Mitchell’s mother that he was even deceased,

Deborah Huhem was constantly on the phone with attorney Laurence Pino who was directly involved in setting up the fraudulent shell company that had allegedly taken the Deed to the Lion’s Head home by Deed signed by Ted Bernstein and Alan Rose, and Laurence Pino was
directing or advising Deborah Huhem to Deny family members access to the Lions Head
home to see the scene of the event and further denied the family members permission to view
the body.

17. According to the Mitchell Huhem sister’s, ultimately after the Mother flew in the next day she
insisted seeing the Lions Head Home and scene where graphic photos of a pool of blood was
found in the garage and Boxes upon boxes were found everywhere in the garage and
elsewhere and while it is not known if any of the boxes contained Records and Documents
from Simon Bernstein’s life and business, one of the sisters did indicate that at least a Medical
Record of Simon Bernstein’s had been found in the upstairs part of the home near a closet.
18. Thus, I bring these matters to the Court’s attention not only to correct the factual record as I
understand it as there is no “Official” finding of “Suicide” to my knowledge by the PBSO
currently, but also alerting the Court in advance that further investigation by authorities could
yield new evidence which may be relevant to this action as one of the many outstanding items
is the whereabouts and proper Inventory and documentation of where All of Simon
Bernstein’s Business records, files and documents have gone. See Petition for All Writs.

19.    I remind this Court that after my father Simon Bernstein had passed away and allegations of
being “poisoned” had been made at the Hospital, that Ted Bernstein indicated he and his
lawyers would be handling the matters with the police and autopsy, that when I went to my
father’s home at Lions Head I discovered his entire hard drive of files and business records
has been wiped clean and missing, that when the PBSO did eventually come by on the claim of my father being “poisoned” the PBSO did not even enter the Home to check all the
Medications and related matters in the home while I was present and claimed they would
return to do so, and after that I was never allowed entry to the home again and have not been
in the home since that time in 2012, that I later found the PBSO had instead docketed the
investigation of “poisoning” as a “Hospital Medical Records Check”, and further that I was
personally present at the home but Court ordered by Judge Colin to remain outside in on or
about March of 2015 when Joy Foglietta, attorney of the Brian O’Connell firm as PR of the
Estate were doing their “complete” Inventory and removal of ALL such items, records, etc in
the home.

20. Thus, there may be relevance as far as pattern and practice by the PBSO in “skewing”,
“sabotaging” and “steering” investigations as it relates to the investigation of the Mitchell
Huhem matter."

Source and Full Court Filing
https://drive.google.com/file/d/0Bzn2NurXrSkiNjQ2am5UaTFBbms/view

Saturday, August 5, 2017

Eliot Bernstein Deposition in Estate of Simon Bernstein West Palm Florida Sept 22, 2014 with Florida attorney Alan B. Rose of Mrachek Law Deposer

Brian O'Connell and Ashley Crispin of CIKLIN, LUBITZ & O’CONNELL are just a couple of the Gang of Attorneys and co-conspiring Judges in South Florida that are preying on Probate Court Victims and using Predatory Guardianships. Attorney Alan Rose, Mark Manceri, John Pankauski, Donald Tescher, Robert Spallina, Real Estate Brokers, Forensic Accountants, Title Companies and MORE.

July 26, 2017 Fourth District Appeal: Linda W. BOTTA, Bethany B. BOYD, Nancy D. COLACHICCO, Appellants v. CIKLIN, LUBITZ & O’CONNELL and BRIAN M. O’CONNELL, ESQ., individually.

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Linda W. BOTTA, Bethany B. BOYD, Nancy D. COLACHICCO, Appellants,

Vs.

CIKLIN, LUBITZ & O’CONNELL, a Partnership of Professional
Associations, and BRIAN M. O’CONNELL, ESQ., individually,
Appellees.

No. 4D17-379
July 26, 2017

Appeal of non-final order from the Circuit Court for the Seventeenth
Judicial Circuit, Broward County; Carlos A. Rodriguez, Judge; L.T. Case
No. CACE15019284AXXXCE.

Michael C. Sasso and Michael A. Sasso of Sasso & Sasso, Winter Park,
for appellants.

Brian M. O’Connell, Ashley Crispin Ackal, and Zachary Rothman of
Ciklin Lubitz & O’Connell, West Palm Beach, for appellees.

"The appellant daughters appeal from the circuit court’s order denying
their amended motion to transfer the underlying actions from Broward
County to Seminole County based on forum non conveniens. The
daughters argue the court erred because their evidence showed that
Broward County was not a convenient forum while Seminole County was
the most convenient forum. We agree with the daughters’ argument. We
reverse and remand for transfer of all pending actions to Seminole County."

"The law firm, as the drafter of the 2002 POA, filed an action in Broward
County seeking a declaratory judgment that the 2002 POA was valid as
“freely and voluntarily executed” by the mother, with “the requisite
capacity” and “free from duress, coercion and undue influence.” The law
firm named all three daughters as defendants.

The law firm alleged that daughter Botta resided in Connecticut, daughter Boyd resided in Broward
County, and daughter Colachicco resided in Seminole County.

The law firm alleged that it named all three daughters as defendants to the action based on their “antagonistic and adverse interests.”

"However, by the time the law firm filed its lawsuit, the three daughters
had resolved their differences. Daughters Botta and Boyd then filed a
malpractice counterclaim/third-party complaint against the law firm and the attorney who drafted the POAs. 

Botta and Boyd claimed to be intended third party beneficiaries of the law firm’s and the attorney’s services for their mother. According to Botta and Boyd, but for the law firm’s and the attorney’s drafting of the 2002 POA, they would have withheld their consent to certain expenditures if they retained the “veto” power of the 2000 POA, and the removal of the “veto” power in the 2002 POA was the proximate cause of losses to them.

The three daughters also united to file an amended motion to transfer
venue from Broward County to Seminole County. In their motion and
affidavits, they alleged the following. Daughters Boyd and Colachicco
reside in Seminole County, more than 200 miles from Broward County.
Daughter Botta resides in Brevard County, more than 135 miles from
Broward County. Round trip travel for all three daughters would require
several hours and would be extremely inconvenient. The mother resided
in Seminole County when she executed the 2002 POA. The mother’s
affairs were managed in Seminole County until she died. The mother’s
estate was in probate in Seminole County. Any property being probated
was in Seminole County. No connection existed to Broward County."


"As for daughters Botta’s and Boyd’s malpractice action against the law
firm and the attorney, the daughters argued that action accrued not where
the legal services were provided in Palm Beach County,"

https://edca.4dca.org/DCADocs/2017/0379/170379_DC13_07262017_101101_i.pdf

Brian O'Connell is one of a Gang of Co-Conspirating attorneys and Judges who put families against each other for their own financial gain, as far as I see it, because I can READ.


Brian O'Connell  and Ashley Crispin have a CLEAR Pattern and History and I believe a civil and criminal RICO and Racketeering Complaint will be NEXT up and include the whole GANG.


eMail me any tip you have about the law "practices" of Brian O'Connell
 and / or  Ashley Crispin of CIKLIN, LUBITZ & O’CONNELL
ReverendCrystalCox@gMail.com 


South Florida Probate Court, 4th D.C.A, Florida Guardianship, Ted Bernstein, Attorney Alan Rose, Judge Marin Colin, Judge John Philips, Florida Corruption, Florida Predatory Guardianship,