"Ted, Donald, Robert and Mark Manceri,
In response to Ted’s letter which appears to represent Donald and Robert as well, dated Dec 06, 2013 attached herein and Donald’s similar letter dated December 26,2013, I will address most of the false, defamatory, slanderous and misleading claims in both.
Sorry it took so long to detail an in-depth response but there were just so many false statements in these letters that attempt to paint a false record now that an ARREST has been made in the Estate of Shirley for FRAUDULENT NOTARIZATIONS and admitted FORGERIES of five documents in our names and one in our father’s name, which was FORGED POST MORTEM for him by Donald and Roberts Legal Assistant and Notary Public, Kimberly Moran. I do like how Donald’s letter tries to call the admitted Forged and Fraudulently Notarized Documents in the estate of Shirley merely “irregularities” and not what they really are, FELONY CRIMINAL ACTS leading to an ARREST but the spin is telling. Further, we learned in the September 13, 2013 that there was also a separate and distinct series of Frauds in Closing the Estate with Simon allegedly acting as Personal Representative while he was DEAD to close the estate and Ted, Robert and Donald all are centrally involved in that nexus of events as the perpetrators of the FRAUD ON THE COURT AND BENEFICIARIES.
I understand the desperate need to try and now twist things at this point and try to make me look bad, as if I did something wrong, as if I am a bad father not supporting my children, after you were all silent for months until the arrest. Now that you may all be prosecuted for some pretty serious FELONY CRIMES further detailed herein, I get it and so I will unravel your statements herein at great length and point out the factual realities by responding to your delusional, false, harassing, threatening, slanderous and misleading statements in detail.
Ted’s Letter Claims and My Responses
1) In response to Ted’s claim, “Although I have made repeated requests for you to establish proper trust accounts so that distributions could be made to your children’s trusts, you have not done so.”
a) We have learned in court that the beneficiaries of the estates may not be the grandchildren as Ted, Robert and Donald claim and the alleged change in Beneficiaries that Simon supposedly made in both estates and trusts days before he died now must be reviewed by the courts in each estate, all due to Fraud, Forgery and more, as described in my court pleadings listed below which remain unheard in large part in both estates. In the October 28, 2013 Evidentiary Hearing in Shirley’s estate which was REOPENED DUE TO FRAUD AND FORGERY committed by Donald and Robert’s employee/legal assistant/notary public Kimberly Moran, everything is under review and the estate/trust is not closed to make final distributions to any party properly and the trust and estate beneficiaries are in dispute over this and several other issues all as a result of all of your actions as defined herein. Moran who has been ARRESTED now even FORGED and FRAUDULENTLY NOTARIZED a Waiver for Simon, POST MORTEM and one for me without my knowledge or consent.
Further, it was learned that from September 13, 2012 to January 2013 Simon acted as Personal Representative to close Shirley’s estate while DEAD, more criminal acts constituting a Fraud on the Court and Beneficiaries by the alleged fiduciaries, crimes which were not perpetrated by Moran but by Ted’s close personal friends and business associates, Robert and Donald, which led Judge Colin to state in the hearing that he had enough evidence to read you all, Ted, Donald Tescher, Esq. and Robert Spallina, Esq., your Miranda Warnings, twice. These crimes have not yet been dealt with by Judge Colin or criminal authorities.
b) Further, even if the alleged 2012 Wills and Trusts in Simon’s estate allegedly executed days before he died survive, Shirley’s beneficiaries using Simon’s alleged Limited Power of Appointment, from an alleged 2012 Will and Amended and Restated Trust, that attempts to change the beneficiaries (Jill, Lisa and me and our six children) of her 2008 Will and Trusts to all ten grandchildren after her death was not possible as was learned in the October 28, 2013 hearing. The Beneficiaries could only be changed to the grandchildren of Jill, Lisa and me by Simon, as Simon’s Limited Power could only use Shirley’s Beneficiaries she elected prior to her death, which language wholly exclude Ted and Pam and their lineal descendants.
Simon’s alleged 2012 Will and Amended Trust are now both currently under investigation with state authorities investigating now Ted’s Assistant, Lindsay Baxley, as Ted astutely noted in his letter, for further improper notarizations and other defects. The documents have also been legally and properly challenged in the court for other deficiencies and thus distributions would at this time be illegal, knowing the ultimate Beneficiaries may not be who they appear to be and thus none of you should have any final distributions made to any trust accounts, in anyone’s name at this time, until all these matters are civilly and criminally resolved.
c) Sadly Ted and Pam are wholly disinherited from both Shirley and Simon’s 2008 Trusts and no matter who is ultimately determined to be Beneficiaries, the grandchildren or Jill, Lisa and myself, Ted and Pam would receive nothing. I am not sure why Ted wants to be involved in the Estates, Trust or the Entities that were set up for my family in our inheritances and due to his total lack of interests has not already resigned from any/all fiduciary capacities he claims, especially, as Ted knows I am trying to have him, Robert and Donald et al. prosecuted for serious felony crimes and you now all have absolute irrefutable Adverse Interests with me and other conflicts in handling anything in any fiduciary capacity related to the Estates and Trusts or Entities of my family any longer.
I believe that the 2012 Will and Amended and Restated Trust documents are fraudulent, forged and illegally executed as well, as they were prepared by Spallina, witnessed by Spallina and Moran and notarized by Baxley and these documents allegedly give Spallina and Tescher fiduciary powers and interests and the documents were alleged done when Simon was experiencing extreme physical and emotional duress, days before he died.
Robert and Donald know as Attorneys at Law that witnessing and executing documents that you create legally as lawyers, that give you direct interests and fiduciary controls is improper and top that off with FRAUD AND FORGERY already discovered and the documents all begin to look like a big hoax executed and filed for Simon POST MORTEM with a little Forgery and Fraudulent help from Ted’s close personal friends and business associates Donald and Robert et al. All the documents used to try and change the Estates are problematic, all filed after Simon died, as it appears he never made any changes while alive. In fact, several witnesses have stated that weeks before Simon passed Ted was having heated and angry fights with Simon over him not making the changes Ted had hoped on back in May 2012.
That Simon appears to have never made the changes he was merely considering in May 2012 and when he died “suddenly and unexpectedly” as Ted claims in his letter the changes apparently were made for Simon and then were used to attempt to change Shirley’s long established Beneficiaries after Simon and Shirley were dead. A few of the things Simon did while DEAD and thus could NOT BE SERVING as Personal Representative as Judge Colin pointed out in the September 13, 2013 hearing, include but are not limited to,
· On 24-0ct-2012, Simon while deceased acted as Personal Representative and filed an AFFIDAVIT/STATEMENT RE: CREDITORS, filed by Tescher and Spallina as if Simon were alive and submitting the document as an Affidavit on this date. Petitioner alleges that this document is FORGED and FRAUDULENT.
· On 24-0ct-2012, Simon while deceased acted as Personal Representative and filed a PETITION FOR DISCHARGE, filed by Tescher and Spallina as if Simon were alive and submitting the Petition on this date. Where almost all of the alleged statements made by Simon under penalty of perjury in this Petition are false on the date the document is allegedly signed on April 09, 2012. Petitioner alleges this document is forged and fraudulent.
· On 24-0ct-2012, Simon while deceased acted as Personal Representative and filed a WAIVER OF ACCOUNTING AND PORTIONS OF PETITION FOR DISCHARGE; WAIVER OF SERVICE OF PETITION FOR DISCHARGE; AND RECEIPT OF BENEFICIARY AND CONSENT TO DISCHARGE for himself. It is alleged that this is a FORGED and fraudulent document created Post Mortem for Simon and was never filed and docketed with Judge Colin’s court while Simon was alive. Further, this alleged Waiver was not notarized per Colin’s rules and was thus rejected. This document allegedly was signed with the alleged Petition in (ii) above on April 09 2012.
· On 24-0ct-2012, Simon while deceased acted as Personal Representative and filed a NON-TAX CERT /RECEIPT/AFFIDAVIT filed by Tescher and Spallina as if Simon were alive and signing it on this date.
· On 24-0ct-2012, Simon while deceased acted as Personal Representative and filed a PROBATE CHECKLIST, filed by Tescher and Spallina as if Simon were alive. This document is dated February 15, 2012, yet it is not docketed by the Court until October 24, 2012 and it is signed by what appears to be Spallina’s signature, in an unknown capacity.
· On 19-Nov-2012, Simon while deceased acted as Personal Representative and filed an alleged replacement WAIVER OF ACCOUNTING AND PORTIONS OF PETITION FOR DISCHARGE; WAIVER OF SERVICE OF PETITION FOR DISCHARGE; AND RECEIPT OF BENEFICIARY AND CONSENT TO DISCHARGE. That the Waiver was then amazingly notarized in November 2013 for Simon while he was still dead on a document dated April 09, 2012. This new Waiver notarized by a dead man in the past as if in the present has now been admitted to be a WHOLLY FORGED AND FRAUDULENTLY NOTARIZED document created from scratch by Moran. Simon filed five other WHOLLY FORGED AND FRAUDULENTLY NOTARIZED WAIVERS for his five children on this date while dead, ALL crafted and signed by Moran and filed by Tescher and Spallina for Simon as Personal Representative as if he were alive.
· On 03-Jan-2013, Simon while deceased acted as Personal Representative and filed a FINAL DISPOSITION SHEET, filed by Tescher and Spallina as if Simon were alive and acting while dead as Personal Representative.
· On 03-Jan-2013, Simon while deceased acted as Personal Representative and filed an ORDER OF DISCHARGE, filed by Tescher and Spallina as if Simon were alive and acting, while dead, as Personal Representative.
Keep in mind that Judge Colin stated in his Order that he would not be at this time reviewing the documents filed by Simon while he was “SERVING” as Personal Rep and note that all the documents above however were filed while Simon could not possibly be serving in any capacity, nor filing anything with the court while DEAD, as one cannot “Serve” while dead.
d) Both Robert and Donald are also aware that they are 100% wholly responsible and liable for the Criminal Acts of their Notary Public and 100% liable for their own Criminal Acts in closing the estate illegally and thus all costs, legal fees and damages to the injured parties will be incurred by them and not the estates Beneficiaries, whom have been victimized by these Criminal Acts.
I am not sure the Court has issued Ted at this time his Letters of Administration after appointing Ted but the court stated they would be issued only once Ted followed all probate rules and statutes to so gain them, as per the judge’s order. I wonder if Ted has completed those steps and gained the Letters yet, because as Beneficiaries of the Estate, my children and I have received nothing from Ted to date as required by Probate Rules and Statutes and we certainly will be challenging any fiduciary role Ted plans on accepting. We have repeatedly told Ted, Robert and Donald that no distributions could be legally made to any parties until all of this mess created primarily by Donald, Robert and Ted et al. is resolved in both Estates.
e) So I will not be opening any trust accounts on any of your direction in anyone’s name, nor taking any final distributions, until the court rules on all these matters first and determines the true and proper Beneficiaries, as this would be construed as converting assets illegally and participating in what I allege is fraudulent activity.
Due to the proven and alleged FELONY Criminal Acts in the Estate already and my efforts that led to the arrest of Donald’s and Robert’s Legal Assistant, Moran, who according to Ted’s letter is his close friend and Ted is upset with me because I got her ARRESTED for her FELONY ACTS in my Mother’s estate FORGING SIGNATURES and FRAUDULENTLY NOTARIZING DOCUMENTS and since Robert and Donald, who are wholly responsible and liable for the acts of their employed Notary Public Moran, all of you have absolute and irrefutable Adverse Interests with me. Donald and Robert for sure understand their law firm will be sued for the damages done by both Moran and them directly and that they are being pursued by me for several other admitted and alleged other crimes, that are not involving Moran.
As Ted noted in his letter that he, Robert and Donald are further angry at me that I am trying to have Donald, Robert and Ted “drug through the mud” shows that there are hostilities at my family by all of you for what is happening, when factually I am not dragging you through the mud but rather trying to have you all prosecuted for FELONY CRIMINAL ACTS and put in jail. Knowing that a Judge Colin had enough evidence already to read you all Miranda Warnings from my efforts at exposing your crimes to the probate courts, the Illinois Federal Court, Sheriff and others, all of you should have immediately resigned from any fiduciary roles.
Especially where Donald, Robert and Manceri as attorneys at law know resignation is now required by Attorney Conduct Codes and Statutes where absolute irrefutable Adverse Interests and conflicts of interest now exist between beneficiaries and the fiduciaries, caused in whole by the continuous violations of Probate Rules and Statutes by the fiduciaries.
f) Therefore, I will not be taking any final distributions or create any “proper” trust accounts for final distributions at this time, which if done now most likely will turn out to be paid to improper parties and thus knowingly fraudulently conveyed to the improper parties.
Due to the delays of our inheritance from bad faith acts of felony criminal nature caused by the actions of the alleged fiduciaries, emergency distributions must be made to my family, which is being catastrophically endangered without the inheritance monies and since there is more than enough monies coming to my family, either the beneficiaries turn out, either me or my children or both, to pay the expenses we have submitted in toto already and the ongoing expenses and reduce these amounts later when all this gets worked out.
g) Donald’s letter attempts to claim that Candice and I mistakenly believe our children’s trusts are to pay our family expenses. This claim is FALSE in that our family’s inheritance WERE set up by Simon and Shirley to do just that through elaborate estate vehicles defined further herein to continue to pay the family expenses for many years to come for Candice, me and our children. In fact, Donald you know of these elaborate steps as your firm prepared the documents for many of them and many of them were done only for me and my children exclusively.
Simon and Shirley set up several entities to insure that after they died our family’s expenses would be paid through the inheritances and through these elaborate vehicles designed to further protect our family. Now that Donald, Robert, Moran and Ted’s actions have delayed the inheritances and transfer of assets to the proper parties through criminal acts and violations of Probate Rules and Statutes acting as fiduciaries, emergency distributions must be made instead and without them you are putting the beneficiaries, including three minor children further in harm’s way.
2) In response to Ted’s claims, “Because of my concern stemming from my fiduciary role as well as the fact that Joshua, Jacob and Danny are my nephews, Robert Spallina and I agreed that I would pay some of the bills for your family that I deemed necessary for their wellbeing, on a temporary basis.
For example, I have paid for such things as health insurance, electric, water, phones and Internet. I have made these payments from the Shirley Trust account and I will deduct these amounts from any distributions that are ultimately made to the three boys’ trusts.
The expenses such as Lacrosse trips and paying your credit card bills are not deemed necessary. Although I understand these are trips that you would like the boys to take, have you explored other sources of funding?”
a) I am are unclear what Ted and Robert have discussed regarding our bills and the payments of them and are unsure how Robert and Ted have taken over and hijacked Bernstein Family Realty LLC, my children’s company, where our family’s bills are sent and paid each month and how and under what authority Robert and Ted are now deciding which bills to pay and which not to. I ask you all, Ted, Robert and Donald in what capacities are each of you acting in handling the receipt and payment of BFR’s bills and expenses. I anticipate in your response to this letter you will explain and provide details regarding your fiduciary capacities in BFR you are acting under, including when and how you began acting in these capacities.
b) Ted, the monies you have been using to pay the bills you have “deemed” necessary to pay, you claim are funds from Shirley’s Trust and as either me or my children are ultimate beneficiaries, please provide us detailed accounting of who and what bills you have paid as you have not informed of any specifics on this and which bills you are suddenly and without warning deeming unnecessary, for we are in the dark on this for three months since you and Robert hijacked and took over BFR’s management from Oppenheimer in what appears another illegal transaction.
c) Provide in your response an explanation of what you mean by you will be paying the bills on a temporary basis means, as you have already began not paying many of them without notice.
d) Since my children or I, or both, are Beneficiaries and have NEVER received proper and legal timely notice from Ted informing us that he is the alleged Successor Trustee in Shirley’s Estate and Trust with a copy of the Will and Trust and all amendments attached, accountings and our interests defined, etc. we therefore, as stated in previous correspondences, have never accepted Ted’s validity as Trustee of anything and have notified all of you of this several times over the last year, which was ignored wholly and Ted continued to act in unauthorized and without legal standing roles as fiduciary in several capacities.
Also, we have never received any Trust Inventories or Accountings and other items required by law from Ted, Robert and Donald in your alleged fiduciary roles in the Estates and Trusts of Shirley and Simon. In fact, all of you have failed on almost every requirement under law owed to the beneficiaries while acting as alleged fiduciaries in the Estates. In fact, at the September 13, 2013 and October 28, 2013 hearings it was learned that Ted was not the Trustee of the Estate or Trusts of Shirley at the time he was acting in such capacities in the prior year he acted in such alleged fiduciary roles. Ted even claiming on the record to Judge Colin in the September 13, 2013 hearing that he was Trustee of the Estate, only to find later in the hearing this was untrue.
The reason Ted was not at the hearing the Trustee or Personal Representative of the Estates or Trusts was that Simon died as Personal Representative and Trustee of the Estate and Trusts of Shirley and no successors were chosen or properly elected to succeed, as bizarrely the estate was closed my dead father acting as if he were alive and still serving as fiduciary and this was achieved through criminal acts of Robert and Donald using his identity Post Mortem to close the Estate of Shirley. Since Spallina and Tescher did not notify the Court when Simon died that he was Dead, NO successors were chosen or nominated in the Estates and Trusts, all due to this major FRAUD on the Court perpetrated by Tescher and Spallina et al.. So Shirley’s estate was closed with a dead man, my father, illegally in January 2013 four months after he was dead and NO SUCCESSORS were ever chosen making Ted’s claims that he was a fiduciary at the hearing factually false.
e) In fact, we learned at the two hearings that nobody represented the Estate of Shirley as Personal Representative in the proceedings due to this Fraud on the Court and no successors after Simon died have been issued Letters, which may leave those hearings open to rehearing with a Personal Representative representing the Estate interests. After learning of this Fraud on his Court, Judge Colin stated that he had enough evidence of Fraud on his Court committed by Robert, Donald and Ted, to read you all your Miranda Warnings, twice. Note these crimes that Judge Colin issued the Miranda Warnings for are for separate and distinct crimes from the crimes admitted to by Moran of FORGERY and FRAUDULENTLY NOTARIZING six separate documents for six separate people in Shirley’s Estate and which she was subsequently ARRESTED for. Where Colin stated these Miranda warnings directly to Ted, Donald, Spallina and Manceri and not to Moran and not in regard to her crimes but for their crimes. The Miranda Warnings are in regard to the use of dead person Simon, as if alive, to file and serve official papers with the court, in a capacity he could not serve in while dead, which violates so many Probate Rules and Statutes that it is staggering and enough for Judge Colin to issue those warning on the record to all of you.
f) Ted, when you state in your letter that you have paid bills like electric, phones and internet I must correct you. First off our Phones and Internet have been shut off twice already without warning or notice since you hijacked BFR and took over our bills causing great disruption to work efforts, the kids schooling, etc. and this failure to pay was done by you without any notice to us that you were deeming these utilities unnecessary and not paying the bills so they would lapse and get shut off and cost of a ton in back bills unpaid and deposits. We even had to borrow some monies to reactivate them, as the deposits and reconnection costs were high but Candice paid them along with the deposits and therefore you did not pay them out of your loving concern as your letter falsely claims, nor pay them back as reimbursements.
g) Since Ted has taken over the responsibilities for our bills from Janet Craig at Oppenheimer and Ted began acting as Manager of BFR instead of Janet and volunteered to receive and pay our bills and expenses for the last three months, bills and reimbursements are now for the first time in seven years over two months past due and with utilities lapsing and food and supplies cut off without notice. Also, Ted and Robert, please explain how Ted became the alleged Manager of BFR from Oppenheimer without first getting approval from the Members of BFR, the Members are my children’s 2006 trusts with me as their guardian/trustee, and no legal steps were taken as required in the governing documents to transfer the Manager Title to Ted, which state,
“5.1.2 Initial Managers/Designation of Managers/Voting. The Members agree that the initial Manager of the Company is SIMON BERNSTEIN. Unless otherwise specifically agreed herein, business decisions of the Company shall be made by said Manager. The Members shall vote their Interests such that only the aforementioned person is Manager of the Company for so long as he is alive and not mentally disabled or incompetent. After proper notice, in the event of death or mental disability or incompetence of the Manager, the Members shall vote on and elect a new Manager.”
“5.7 Resignation. Any Manager of the Company may resign at any time by giving written notice to the Members of the Company. The resignation of any Manager shall take effect upon receipt of notice thereof or at such later date specified in such notice; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. The resignation of a Manager who is also a Member shall not affect the Manager's rights as a Member and shall not constitute a withdrawal of a Member.
To the extent not expressly provided for in Section 5.1.2 "Voting Agreement of Members," and only to said extent, if any: Any vacancy occurring for any reason in the number of Managers of the Company may be filled by the affirmative vote of Members holding a majority of the Percentage Interests present at an election at a meeting of Members called for that purpose or by the Members' unanimous written consent.
A Manager elected to fill a vacancy shall be elected for the unexpired term of their predecessor in office and shall hold office until the expiration of such term and until their successor shall be elected and qualified or until the Manager's earlier death, resignation or removal. A Manager chosen to fill a position resulting from an increase in the number of Managers shall hold office until his successor shall be elected and qualified, or until his earlier death, resignation or removal.
The Members of BFR are DANIEL BERNSTEIN IRREVOCABLE TRUST dated September 7, 2006, JAKE BERNSTEIN IRREVOCABLE TRUST dated September 7, 2006 and JOSHUA Z. BERNSTEIN IRREVOCABLE TRUST dated September 7, 2006 who own 33.3% of BFR each.
I do not recall a vote to transfer Manager Role to Ted on Robert’s direction to Janet at Oppenheimer who was acting as Manager. Janet claims Ted volunteered and she obliged. Further, I do not recall ever voting Janet into the Manager role after Simon passed and I wondered how Robert had assigned that Title to her.
From Bernstein Family Investments we find the following language,
“6. Business and Purposes. The purpose and business of the Partnership shall be the ownership, investment, management and control of the Property and other investment properties (including, without limitation, investments in real property, loans, business enterprises, marketable securities, either directly or through interests in corporations, limited partnerships, limited liability companies, and other entities), to provide a means for the BERNSTEIN family to own investment property and preserve its assets, and to conduct such other activities as may be necessary or appropriate to promote such business and purposes, it being agreed that each of the foregoing is an ordinary part of the Partnership's business.
In addition to the foregoing, or as part thereof, the Partnership shall accomplish among other things the following: (a) maintain control over BERNSTEIN family assets contributed to it, (b) consolidate fractional interests in BERNSTEIN family assets, (c) seek to increase BERNSTEIN family wealth, (d) establish a method by which gifts can be made without fractionalizing BERNSTEIN family assets, (e) provide protection to BERNSTEIN family assets from future claims against members of the families, (t) facilitate the administration and reduce the costs associated with the disability or probate of the estate of members of the BERNSTEIN family, (g) provide a mechanism to resolve BERNSTEIN family disputes, and (h) if applicable, hold restricted securities until such securities become unrestricted and free of underwriting limitations of the Securities and Exchange Commission. The Partnership shall not engage in any other business without the prior consent of Limited Partners owning (in the aggregate) at least eighty (80%) percent of the limited partnership Interests owned by the Limited Partners.”
h) The fact that I am pursuing legally, Donald, Robert, Manceri, Moran, Baxley and Ted, to have all of you prosecuted for a host of proven, admitted and alleged criminal activities in the Estates of Shirley and Simon and have you jailed and fined for the damages, may have a lot to do with this sudden and unexpected retaliation to harm our family caused by the IRREFUTABLE AND ABSOLUTE ADVERSE INTERESTS now created between the alleged Personal Representatives in both Estates (Ted, Robert and Donald) and my family who are exposing the crimes, who are causing arrests to be made and who are filing criminal complaints notifying the authorities.
This illegal takeover of BFR and interference now bills of my family is further evidence that you are attempting to extort us and try to shut us down and starve us out before we have you all prosecuted for the crimes. I have factually accused you Ted, Robert and Donald formally of extortion for this scheme in the courts and I will be adding Ted and Donald’s letters and this response as further evidence to all appropriate parties to illustrate the continued extortion.
I am also not sure what gives Ted and Robert the rights to pick and choose what bills you deem will be paid and what you will not for BFR, or determine where our kids go to school and how we should spend our inheritance monies but we also feel this in efforts to coerce us to take monies through the fraudulent distribution schemes you are demanding and stop having all of you prosecuted and exposed or else you will further misuse your alleged fiduciary powers to shut us down and cause financial harm and damages to our family and loot our inheritances and hijack my family’s entities left through our inheritances through various fraudulent schemes. All we have to do to end the financial pains according to your letters is play your way and accept your terms and conditions, despite the alleged illegality of them.
i) As you all know, Shirley and Simon for years paid our entire family’s living expenses because of our unique situation, which has made it very difficult for us to get jobs and more, due to death threats and car bombs and RICO related activities against us for the past decade, as Robert and Donald are well aware and why they were paid to do these elaborate planning devices exclusively for my immediate family, Not only had these safeguards been in place for years before their deaths they planned carefully to make sure everything continued that way after their deaths through a series of documents, agreements, assets and entities they left for my family. Ted’s letter claims that none of you know what I am talking about and nothing special exists.
j) The records for some of the elaborate planning devices Simon and Shirley did, including Entities left to our family exclusively and the provisions to take care of our family made thereunder can be found online for Bernstein Family Realty LLC (“BFR”), Bernstein Family Investments LLLP(“BFI”) and Bernstein Holdings, LLC (“BHL”) at http://www.iviewit.tv/BFR%20BFH%20BFI%20RECORDS.pdf.
The Entities and other Trusts for my children and me were to be funded after their deaths and continue paying the expenses of BFR at Shirley and Simon’s deaths through my family’s inheritances. According to Simon I was to be in charge of all of these Entities and Trusts when he died and managing them or electing Manager’s to them for my family.
There was to be no anticipated delays in transferring the inheritances or anticipated looting of our inheritances that would interrupt our family expenses being paid but now all of this has been stymied and delayed directly due to the proven and alleged criminal actions of you, Robert and Donald et al. causing an emergency situation on our family that the fiduciaries of the Estates caused through their delay tactics and criminal acts and now try to deny emergency distributions with intent to harm us.
k) Ted, you and Robert and Donald will ultimately be responsible for these additional damages that you are intentionally heaping upon my family and children caused by these extortionary acts you, Robert and Donald, are all now taking part in.
This “Play or Pay” scheme, where I either accept monies through transactions I allege fraudulent and release my claims against you guys, stop requesting documents, accountings, inventories, etc. legally due to me to determine the actual value of the Estates or else my bills will be selectively paid, utilities will be shut down without notice, my children will kicked out of school without notice for nonpayment (in a few days), groceries and essential home and medical supplies funds will not be reimbursed (now for three months) and cut off without notice or explanation. All of these intentional acts exposing three minor children to grave dangers and more, which is factually what is occurring. Do you really think this is what Shirley and Simon planned all these elaborate protections for with Robert and Donald for my family?
l) Robert and Donald are acting as alleged Co-Personal Representatives in the estate of Simon and are acting in unknown and illegal capacities in Shirley’s estate, including using Simon when he was dead illegally to close Shirley’s estate and have been directly “involved” as Spallina admitted in the September 2013 hearing, in the Fraud and Forgery of Moran as the Attorney at Law directing her activities. Additionally, Robert admitted his part and his law firm Tescher & Spallina, P.A.’s part in the separate and distinct crimes Spallina and Donald committed when perpetrating a Fraud on the Court in closing Shirley’s estate with Simon by fraudulently using Simon as if he were alive and serving as Personal Representative and Trustee while he was factually dead to illegally close her Estate, which has caused it to be reopened.
These acknowledgements and admissions of criminal acts Robert and Donald are directly involved in as stated in the hearing records, now mandate that they resign all fiduciary and legal counsel roles they claim to have in both Estates, as they are directly involved in proven and alleged criminal acts. This again puts them with Adverse Interests to the Beneficiaries (especially my family) they are charged with protecting. Where those same Beneficiaries, my family, are now criminally and civilly pursuing them and our efforts have led to the arrest of Moran already and well, the conflicts and adverse interests with us are irrefutable.
Yet, none of you can be expected to, sue yourselves, report yourselves to the authorities, remove yourselves as fiduciaries, or act to support the Beneficiaries that are pursuing you and for these reasons we are seeking the courts to remove all of you and protect the Beneficiaries but you all should do it voluntarily remove yourselves as required by Probate Rules and Statutes. I have filed Motions to remove you all as fiduciaries in both Estates and I am waiting to have them heard.
m) Ted, I am sure Robert, Donald and Manceri understand as attorneys at law the Rules and Statutes regarding Adverse Interests and Conflicts of Fiduciaries and know the Criminal Statutes rules on this as well and these all demand that in a situation like this where fiduciaries are intimately involved in criminal acts both alleged and proven, they must legally immediately resign from their fiduciary roles and any roles as counsel to any and all parties they are adverse to.
I am really baffled at how Robert, Donald and Manceri’s E&O and malpractice insurance carriers are allowing them to continue to act in any capacities, legal or fiduciary in these matters now in light of what has happened and their involvement as learned at the hearings. Perhaps they have not properly reported these matters to their carrier(s) at this point and this may put Beneficiaries at further risk. Donald, Robert and Manceri, please address in your response if each of you reported the massive liabilities yet to your carriers, which I have asked for and been denied in previous correspondences. In your response please reply with your Malpractice and Liability Carriers names and numbers as I have requested prior and been denied.
n) We are glad after three months in control of all the bills and their payment directly and our multiple written requests for information regarding them, Ted and Donald have finally responded with what they now “deem” necessary and unnecessary living expenses but only in part, not in particular to the bills and reimbursements sent to BFR. The response also a little late after three months of emails requesting payment or explanation for non-payment Ted’s letter came after intentionally letting utilities lapse and become severely delinquent with large past dues with no notice and these hardships alone forced the kids to not attend school functions and sports events they were committed, including missing an international trip through the holidays and all without notifying us you would not be paying timely or at all, until after you knew the final hour for payment for their trips passed and causing them to miss the trips and us to lose large deposits. Yes, you really succeeded in shattering our son’s trip to Poland and Israel after being nominated as 2 of 15 children nationwide and play with the Israel Professional Lacrosse players, coached by Harvard’s Assistant Lacrosse coach and you really screwed the whole team and plans that had been made months earlier. We will not forget.
o) As for Candice’s credit card bills Ted that you state you will not pay as you deem them unnecessary and attempt to spin it in your letter like they are for her personal credit card account charges, well again your spin is sad when you know the charges are not personal credit card charges at all and are for, GROCERIES to feed our children, home maintenance supplies, kids clothing, kids medical bills and supplies and nothing personal for Candice. You have the statements from her bank card with each charge billed with the vendor and category and so you know that these are food and essentials for the children. It appears by trying to call these credit card bills of Candice’s that you are not paying, you are now claiming that Groceries, Food, Medical and School supplies that are what was charged are not deemed necessary by you but phone, internet, etc. are. As you have not responded to our emails that explain this and the urgent need for these funds and have not reimbursed her for three months, we can only believe you do not “deem” these expenses as necessary as alleged fiduciaries or you knowingly and with intent are not paying them to harm us and force us to cease our pursuit of you and stop the looting of our inheritances?
p) As you also know, Candice and I have traditionally over 6 years, paid for the reimbursable items with our personal funds and then they are timely reimbursed to us through Bernstein Family Realty (BFR) and other agreements and where again we would not to seek any funds from Donald, Robert, Janet or Ted, if our inheritances were not delayed through a series of fraudulent activities ALL due to the unclean hands and bad faith acts of the current fiduciaries who we now longer trust. Further, if our companies, entities and trusts set up by Simon and Shirley prior to their deaths specifically for my family, were also not being interfered with and hijacked illegally by all of you, monies and assets would have already flowed to my family in the three years since my mother’s death and over a year since my fathers and still we do not even having accountings and inventories or any knowledge of our interests, in violation of Probate Rules and Statutes. We would not have to ask Ted, Robert, Donald or anyone else for EMERGENCY INTERIM DISTRIBUTIONS for our THREE MINOR CHILDREN and family to pay the expenses were it not for all the delays you have caused.
q) These Adverse Interests and hostilities towards Beneficiaries you are alleged fiduciaries for, including three minor children that you are supposed to be acting to protect put you instead doing everything in your powers to harm them in efforts to stop us from pursuing you criminally and civilly, especially now that an arrest has been made and the tip of the iceberg of the crimes are being exposed. This is the traditional definition of extortion Ted with you, Robert and Donald withholding monies from our inheritances and forcing us to beg for interim distributions because of the hardships intentionally cause and then using our children as pawns by withholding their food monies, school tuition monies, forcing them without notice to miss long planned school trips, stealing one’s car, turning off their utilities with no notice and more, unless of course we play your way and accept your terms, according to you and Donald’s letters.
r) To answer your letters question about what we are doing about you cutting off these funds without warning and notice and leaving us in a bad way overnight and asking further if we have made alternative plans of funding these expenses, well, the answer is we did not seek other avenues of funding for these expenses. The reason was because they have ALL always been paid for by BFR both pre and post Shirley and Simon’s deaths and we were given no notice or warning that suddenly, once you took over BFR’s bills that they were not going to be paid or paid as you now deem fit, until your letter three months later with the bills already way overdue and utilities and groceries shut off.
Your letter was timed months late so that utilities, food, school trips and events would be unpaid with super large past due balances and cause us severe economic and emotional hardships with no time to prepare once you finally sprung it on us, all of which you claim could be resolved if we take monies as you demand, accept you estimates on our inheritances without proper accountings and inventories legally owed to us, release our civil and criminal claims against you and your friends and commit several frauds in so doing.
Ted the December 06. 2013 letter came only after repeated written requests for three months demanding to know what was going on with BFR and our bills and reimbursements once you began receiving them directly to yourself and all those requests for information went unanswered and this timed failure was to leave us without food and utilities paid at the very last minute and leaving us with no time to prepare a Plan B due to further Breaches of fiduciary duties and further alleged criminal acts, so no, we had not prepared for your surprise attacks.
3) In response to your claim, “As there is a finite amount of money to be distributed to the boys’ trusts, the level and type of expenses you have requested cannot be justified in light of the current financial situation of your family. Paying the household bills for your family is not my responsibility as trustee or in any other capacity. You have repeatedly stated that I now have fiduciary responsibility for your family and therefore, I am responsible for paying bills and making support payments. That is not the case.”
a) Ted, in your letter you claim that you are acting as a fiduciary under Shirley’s Trust and making payments at your discretion of our bills and yet claim you are not responsible for paying our bills or making support payments as Trustee, when you know these interim emergency distributions are due to the delays caused by others bad faith acts in holding up our inheritances which would be paying the bills. I am confused as this seems double talk.
b) What is a finite amount of money? Since we have not received Inventories for the Trusts of Shirley or Simon since their deaths or accountings for the Estates and Trusts of either, in violation of multitudes of Probate Rules and Statutes, as pled in my pleadings with the courts I listed below, the amount of inheritances remains a mystery and large discrepancies between our estimates exist. There is a finite amount of space in the universe too but when dealing with inheritances it should be a specific and well defined amount with generally accepted accounting principles that lead to exact numbers to the penny. What is this amount to be distributed exactly and what are levels and types of expenses that are also undefined in your letter and why are some bills like grocery bills not justified expenses according to you?
c) Again, we do not believe that the boys may be the ultimate beneficiaries wholly and your last minute efforts to change Simon and Shirley’s Beneficiaries, alleged Post Mortem, will most likely not stand for a number of other reasons already explained in particular in my court pleadings and pled in the October 28, 2013 hearing.
d) Ted, in one breath you claim you are making distributions in some capacity as an alleged fiduciary of Shirley’s Estate and Trusts and as such you would have fiduciary responsibilities for my family as Beneficiaries in that capacity contrary to your claim for interim distributions when called for to take care of the necessary needs and expenses of the beneficiaries. Also, as alleged Manager of Bernstein Family Realty LLC, you have other obligations to my family as described in the documents for that entity exhibited already herein. As the alleged Trustee and Personal Representative you are responsible to make support payments to beneficiaries, especially in emergencies that are due to criminal acts of the fiduciaries, Robert, Donald and yourself. We understand why you are refusing to help us when we are the one exposing your crimes and having the arrest of your friend Moran made and how upset and angry you are at us but imagine how we feel about your acts.
e) Please provide, Robert, Donald and Ted, instead of an unknown “finite” number an exact and definite factual number of funds that you allege will be going into the children’s trusts with all supporting accounting of our interests to the penny, as we still have NO accountings in either of the Estates or the Trusts and no inventories of the Trusts in either Estate at this time, for over three years in Shirley’s estate and over a year in Simon’s estate, in violation of Probate Rules and Statutes.
Therefore, since this “finite” number is a mystery today even to you, it can only be solved by full and formal accountings and inventories of the Estates and Trusts of both Shirley and Simon. After reviewing the Simon’s inventory that was given to us by Judge Colin in the October 28, 2013 hearing in SIMON’S Estate that was never published to the beneficiaries by the alleged fiduciaries/personal representatives, again in violation of Probate Rules and Statutes, a whole host of assets now appear to not have been listed in the Inventory of both Shirley and Simon that we will be further noticing the courts and state and federal authorities about, showing millions of dollars of assets gone missing and unreported as required by state and federal law.
f) Donald, your letter claims that Candice and I believe my parents were worth more than they were but yet you and Robert and Ted acting as fiduciaries have ever notified the beneficiaries of their exact interests to this date in violation of Probate Rules and Statutes and thus this is the real reason for no one knowing what the “finite” amounts are that you claim are nothing but put forward on the record and in your letter only guesses and generalizations about the numbers. Why?
4) In response to your claim, “Janet Craig at Oppenheimer Trust has not “forwarded” responsibility to me. Can you help me understand why you believe she has done so and why you believe that Robert Spallina directed her to?
I am not aware of Oppenheimer having any responsibility to pay bills for your family. You sought distributions from the Oppenheimer trusts for support because the trusts owned the house that you live in and those were the only monies available to pay the ongoing expenses of the home and related items because you willfully continue to avoid seeking employment.
Even if Oppenheimer hypothetically did have such responsibility, it could not be forwarded to me as you have completely drained each of the boys’ trust accounts set up by mom and dad during their lifetime to support your family which is an obligation that you have to your children and not vice versa. Janet Craig has not forwarded instructions to me of any kind. I have nothing to do with Bernstein Family Realty and therefore, I have not missed any deadlines. I cannot and would not consider acting in any formal capacity as a result of the slander, defamation and misrepresentations levied against me by you.”
a) Ted, as for your claim that you are not responsible and Janet Craig has not forwarded responsibility for our family’s bills and payment of them to you, the lies are thick here so I quote Janet from her August 28, 2013 email that she copied both you and Robert on, where she states,
“Please be advised [Eliot] that we will not be paying bills during this transition period. Ted Bernstein has agreed to become the Managing Member of Bernstein Family Realty and all questions regarding the payment of household bills should be directed to him.”
b) I presume Ted that you are stating that Janet has lied in this email regarding your volunteering to be MANAGING MEMBER of BFR and responsible for the payment of the household bills forward or that you just are plain delusional. As BFR is a company owned by my family and you, Donald and Robert have nothing to do with it, or the children’s school trust funds that were depleted at Oppenheimer on Robert’s direction, I am not sure how or why you two became involved and seized BFR and hijacked these responsibilities and how exactly Oppenheimer allowed this and transferred the Managing Member role to you in violation of the BFR language I cited above and knowing I was pursuing you and Robert in the courts.
Of course, as evidenced in my prior correspondences with you, Robert, Donald and Oppenheimer, I have exhibited that the documents giving Oppenheimer fiduciary rights are also flawed and improperly signed and notarized and those documents have been also submitted to the courts and will be shortly submitted to state investigators for alleged fraud. I am asking you, Robert and Donald also to explain what rights and authorities you had to interfere in BFR and the children’s school trust funds in the first place and what capacities you acted in, I have asked now for several months and NO response to these questions.
c) Ted, acting as alleged successor trustee to Shirley’s Trusts and also as alleged Personal Representative and Trustee of her Estate as you claimed on the record and with Tescher and Spallina acting as alleged Co-Personal Representatives of Simon’s estate, all of you DO have fiduciary responsibilities to my family and our expenses and responsibility to make emergency interim distributions to cover them, where the emergencies are due to the delays caused by the criminal activities already described herein caused by all of you in your attempts to loot the estates, while suppressing and denying all the information owed to me and my children as beneficiaries in violation of Probate Rules and Statutes.
Again, the claim that you do not have fiduciary responsibilities in regards to my family and BFR appears delusional, as in one breath you claim you have the powers as a fiduciary to open the mail of BFR, pay BFR bills, manage my family’s company and affairs as you see fit and in the next breath you deny that you have these responsibility, despite Janet Craig specifically transferring the bills and responsibilities to you at your and Robert’s direction. I am also uncertain why Janet involved you at Robert’s request and we have requested in prior correspondences to know how you volunteered and why for the BFR Manager Position from Janet and still have not received answers. Where according to the records of BFR, no transfer of Manager Title could have taken place without the owners of BFR (my three sons trusts that I am Trustee of) approving and voting in the successor, all of which did not take place when Oppenheimer transferred the Title to you on the direction of Spallina.
d) Oppenheimer had been paying the bills of my family through BFR for over a year after Rachel had been handling it for Simon while he was Manager of BFR and then for months after he died until Robert got busted at Legacy Bank having Rachel use Simon’s BFR Legacy account months after Simon died. Ted, Robert and Donald you are all wholly aware that Oppenheimer was paying these bills that you volunteered to handle and pay as Manager of BFR and have been copied on several emails by Oppenheimer regarding the bills and their payment through BFR, so your claim that you are wholly ignorant here and have no knowledge seems further delusional.
e) Ted, to clarify, I never sought anything from Oppenheimer and let me explain. Robert directed Janet Craig from the start. First off, we would not even know Janet if Robert had not introduced us to her after he was caught using accounts of Simon’s after his death that were BFR accounts that Simon was Manager and sole signatory for. Where Spallina had directed Rachel Walker to write checks from the BFR account in Simon’s name after he was deceased in violation of law. After you fired Rachel abruptly, Robert then tried to get Candice to start ILLEGALLY signing checks out of the BFR account and as this seemed really illegal for Robert to tell Candice to write checks out of Simon’s BFR account months after he was dead. So finding this hard to believe was legal as we were assured, we contacted Legacy Bank to check with Rachel on the line and when they found out that accounts of Simon’s were being used months after his death and no one had notified them that Simon had died, well they FROZE THE ACCOUNT and told Rachel and myself that no one could use Simon’s accounts any longer and that it was ILLEGAL since his death.
Perhaps this is why Simon’s other accounts listed in his estate Inventory were so low. Legacy Bank then directed us to have the Personal Representatives contact them immediately as they could not give Rachel or me any information as we were not on the accounts and neither was Candice. This writing of check without authorization again appears to be FELONY CRIMINAL ACTS. We have asked several times for an accounting of BFR to see how much was taken out and by whom after Simon died but have been denied and refused our requests.
f) That at this time and we are still unsure how when Simon died he was replaced as Manager of BFR by Oppenheimer, again without consent of the owners as required in the entities papers but after Robert spoke with Janet he told us Oppenheimer took over control as Manager of BFR. That then Spallina, not I, directed Oppenheimer to open a new BFR account to replace the one SEIZED AND FROZEN for illegal and unauthorized use at Legacy Bank. Spallina then introduced us to Janet and told us to have all the bills transferred to her from BFR and she began to receive them directly through BFR at her office and began paying them from the new BFR account established at Oppenheimer.
I quote again from Oppenheimer’s letter of August 28, 2013, copied to both you and Robert,
“As you are aware, the trusts for Daniel, Jacob and Joshua have depleted over time due to the payment of your household bills. I have spoken with Mr. Spallina and he has informed me that the household bill payments will not be refunded to the trusts. We have therefore decided to terminate the trusts due to their de minimus market values… Please be advised that we will not be paying bills during this transition period. Ted Bernstein has agreed to become the Managing Member of Bernstein Family Realty and all questions regarding the payment of household bills should be directed to him”
Only a week or so earlier she had stated she was turning the Managing Member role over to me but in the follow up email she suddenly at the direction of Robert and Ted switched to Ted.
From that quote I think you can understand why we believe that Robert Spallina directed Janet to act, which completely contradicts your letters claim that we directed her to do anything. As stated in several correspondences and motions filed thus far and served upon all of you the use of the BFR legacy accounts for months after Simon was dead (without noticing Legacy that he was dead either) was illegal and when Robert allegedly transferred the frozen Legacy accounts and directed Janet to open a new Oppenheimer account for BFR to then pay the family expenses, which she then did for months, Janet then claimed the BFR funds were running out and Robert then directed Janet use our children’s pre funded School Trusts to pay the expenses of our family, promising the inheritances were on the way and these trusts would be replenished if necessary. We have asked Robert and Donald and Oppenheimer to provide us under what authority Robert directed all of these transactions and why Oppenheimer acted under his authority and direction when they were alleged Managers of BFR and acting as Trustees of the children’s school trusts, and yet no replies have been tendered regarding this after months of repeated requests to Donald, Robert and Janet.
g) From Janet’s initial contact with us on December 12, 2012 she also states,
“Because of your unique situation, and at the request of your father's attorney, Robert Spallina, we have set up an automatic transfer of $1,000 from each of the boys' trust to the Bernstein Family Realty LLC to cover the family's household bills. We will also pay any school expenses for each boy from their respective trusts.”
h) From this quote Ted, we see that from the start Oppenheimer was directed by Robert, not me, on how to misuse our children’s school trust accounts for our family’s business expenses and switched from having them paid from the BFR accounts to my kids’ pre funded trusts for school. Ted, now that you volunteered to take the helm of the my family’s business BFR and expenses as a successor fiduciary in BFR, despite the obvious conflicts created in your taking that job immediately after you became aware that I am pursuing you, Robert, Donald and Moran both civilly and criminally in state and federal forums and where it just seems strange that knowing these facts that create adverse interests, you would then suddenly and without notice to me or my family volunteer for the BFR Manager position and to pay, I mean not pay, our bills. This all happening after you and Robert had conversations with Janet to seize this management title illegally and now you falsely claim you have no responsibilities and no idea of what I am talking about and attempting to twist the truth to appear that we directed all of this with Oppenheimer despite the factual record.
i) Please, as we have requested several times of all of you, provide all details of all conversations and correspondences you, Robert and Donald have had with anyone at Oppenheimer regarding my family’s businesses or accounts, which requests for this information have gone unanswered by Oppenheimer, Robert, Donald and you for months. Also include who at Oppenheimer, you, Robert and Donald are working with other than Janet and Hunt Worth, any party, including those friends of yours who transferred from the Sir Robert Allen Stanford Bank, now infamous as the Stanford Ponzi and provide all details of all correspondences with any of them in any fashion regarding my family’s affairs or the affairs of the estates of Shirley and Simon.
j) Also, I asked Janet for letters that were sent by Simon shortly before his death for accountings of his accounts as he felt that monies may be missing from the accounts in large amounts and wanted full accounting and information. I also allege that large amounts may be missing from Simon’s investment accounts and as I and my children have been denied as Beneficiaries accountings and inventories for the trusts and accountings for the estates, in violation of Probate Laws and Statutes, I again request herein all these records, accountings, inventories and any correspondences of Simon with Oppenheimer.
k) Please provide a complete accounting of BFR’s Legacy Bank Account from start to finish, so we can ascertain how much money was illegally written from the account after Simon’s death and for what.
l) Ted, contrary to your letters claim, Oppenheimer did have fiduciary capacities and still does and was paying the bills through BFR for a year and this is not “hypothetical” as your letter indicates. The Trustees of the children’s trusts are still alleged to be Oppenheimer and further as the children’s trusts also own stock in a company LIC Holdings, which you are also involved in, we have made several requests under Florida statutes to you, Robert, Donald and Oppenheimer for information regarding those LIC stocks and company records as shareholders and have been refused timely response to the legal requests. This stock in LIC is still in the children’s trusts and shows that contrary to your claim that nothing is in the trusts, there are still assets in them. I do note that in an inventory received in Simon’s estate from Judge Colin at the October 28, 2013 Evidentiary Hearing, over a year after Simon died, which was suppressed and denied and not distributed timely to the beneficiaries according to Probate Rules and Statutes by Spallina and Tescher, the LIC Holdings stock has a To Be Determined value listed in the Inventory. In fact, Simon’s inventory shows these stocks and a To Be Determined value and thus your claims the trusts do not have value is absurd and again appears delusional in light of the factual evidence but it must also be determined through accountings and records still denied and suppressed.
m) I am not sure why you attempt to claim that we, Candice and I, are willfully not seeking employment. As you know I am full time employed pursuing my patent rights and I even exhibited in my petition alleging you are extorting us to the courts, that I am in current negotiations with AT&T for 30% of their entire stock and have several hundred other Fortune 500 infringers I am currently pursuing for my royalties and so I am not sure what you refer to. I am also employed currently having to defend and protect my inheritances for my family from the likes of you and Robert and spending much time having to have prosecuted these things like FORGERY and FRAUD in the estates.
I also work on a Federal RICO action I am pursuing for a Trillion dollars against many thousands of other infringers of my technologies and those responsible for attempting to steal them, some of your friends included, especially those from the Stanford Ponzi that transferred I believe to Oppenheimer and JP Morgan after Stanford was arrested for the second biggest Ponzi in US history, (where other accounts of Simon and Shirley are alleged missing) and your friends at Proskauer, Greenberg Traurig and Gerald Lewin. I believe Simon prior to his death was also questioning Oppenheimer and JP Morgan on what he thought were discrepancies in the family’s accounts prior to his death and have asked Oppenheimer to produce those records and they have failed to produce those at this point or even respond.
My jobs do not pay me at this time and as you know Simon and I had an agreement that covered me working to pursue both his and mine patent interests and interests in Iviewit companies. By the way, did you or Robert ever get the stock certificates from Lewin or Proskauer that they prepared and distributed to Simon regarding his interests in those Iviewit companies they set up as I do not see them on the inventory of Simon? Please, Robert, Donald and Ted respond as to what has happened with those Iviewit companies stocks, as you were in charge of contacting those parties and getting copies of them if you lost them or could not find them, like you cannot find trusts and insurance policies that were in your care and part of the estates?
5) In response to your claim, “I do hope that one or both of you are making arrangements to assume responsibility for your household expenses from income or other assets you may have. It appears there is an enormous discrepancy between what you believe to be the value of the estate and trust assets and what actually will be distributed to each trust. Case in point is that you continue to send your children to one of the most expensive private schools in the area as if there are unlimited funds to do so. If you can afford to send the boys to private school with money other than their limited trust funds, that is a choice you are free to make as parents. In total, I do not anticipate there being more than $200,000 - $250,000 for each of the trusts for your children. Of course, this is before creditors and expenses and I have serious concerns about the expenses being incurred by the estate and the trusts for litigation you are unnecessarily generating.
a) Ted, your statement, “It appears there is an enormous discrepancy between what you believe to be the value of the estate and trust assets and what actually will be distributed to each trust” is about the first thing you and Donald’s letters state that is true and factual. We do not have any idea what the actual value of the Estates and Trusts are due to you, Robert and Donald’s continued suppression and denial of information to make an accurate determination and therefore you are correct and we do not know the exact value of our inheritances and as beneficiaries we are legally owed this information and to know all of our interests, again this behavior by alleged fiduciaries violates Probate Rules and Statutes.
b) We eagerly await all the Estate documents, accountings, trust accountings, bank statements, corporate records, etc. owed to us that have been requested repeatedly over the last year and half, you even denied our requests by counsel and still most of the requested information has never come that is necessary to fully understand the values of the Estates, where assets have gone thus far and to whom, all necessary to get a full accurate accounting and inventorying done. We have filed both criminal and civil complaints regarding a wealth of assets we allege are fraudulently being absconded with and many we now find are not on the Inventories regarding personal properties we just received.
c) Simon and Shirley’s gross estates being valued at a total of four million as a guess by you and Robert when asked by Judge Colin in court at the September 13, 2013 hearing was laughable to say the least, when Simon had listed immediately prior to his death his home at $3,900,000 and the condo at $2,195.000, with IRA’s worth several million for him and Shirley, with $1,700,000 on one insurance policy, a minimum 2.5 Million in one JP Morgan account as learned at the September 13, 2013 hearing and untold amounts in Simon’s other investment accounts with JP Morgan and Oppenheimer. These numbers alone exceed well over $4,000,000 with just these assets. There are many other assets including missing jewelry and more as more fully defined in my petitions and motions that inflate the total worth even higher and parole evidence has the value of the estates between 20 million to 100 million as stated in my pleadings with the courts.
d) Therefore, we again demand that you, Donald, Robert and Manceri immediately turn over all financial and tax records, bank accounts for each account of Shirley and Simon’s, both personally and corporately, for the last ten years, with all corporate records, stock records, investment account records and any other information required to be given to Beneficiaries under Probate Rules and Statutes. Again, you have Breached your fiduciary duties by failing to provide information thus far and thus leaving us in the dark as to the values of our inheritances and we do not believe for one minute your guesses and estimates as to the worth of our inheritances or the value of the gross Estates, especially with the criminal activity already proven in the Estates that have now caused an irreparable distrust for you, Donald, Robert and Moron and anything you say or put forward.
e) As you all know, our inheritances were to pay our expenses when Simon and Shirley died and whether Candice and I have jobs to pay them as a backup plan is not what matters, although I appreciate your spin and twist of what is going on to attempt to make this seem like our responsibility. We did not anticipate these delays in our inheritances and the looting of the Estates and we assume that as soon as you all resign or are removed by the courts we will get the funds from non-conflicted fiduciaries that do not have absolute adverse interests with us and intent to harm us paid as interim distributions for the emergencies you have created for our family, not us.
f) Ted, your $200,000 to 250,000.00 estimate for my boys trusts in Shirley’s Estate, who may not be determined by the courts to be the Beneficiaries as we learned in the Evidentiary Hearing, well that seems way off, just using the sale of the proceeds of the condo you sold while acting in an unauthorized fiduciary capacity as Personal Representative and Trustee of the Estate and Trusts and not including the other assets in the Trust they have that much. Again however, because you have failed to send Inventories and Accountings for the Trusts you allegedly are acting as Trustee for, these numbers still remain a mystery according to your letter, again this suppression and denial of information is in violation of Probate Rules and Statutes. You however sold the Condo at $1.6 Million, way below the market value Simon had it listed at on the day he died of $2,195.00, in what appears a self-dealing fire sale transaction that despite me and my counsel’s protests not to sell anything without first notifying my children’s counsel or me you went ahead in a secreted transaction and sold it anyway and have not provided us any transaction details of the sale either pre or post sale since May 2013, again in violation of Probate Rules and Statutes.
g) Ted, the amount of $200-250k you claim would not be the amount they would receive if the Condo were divvied up the way you think, if the 2012 alleged changes to Shirley’s Estate made allegedly by Simon were to hold up in court and the monies were split between the 10 grandchildren, as it would only be $160,000.00 to each child. The number you are using more accurately reflects the amount of the Condo sale they would receive if the 2012 alleged changes are accepted but the alleged beneficiary changes are limited to the Beneficiaries Simon’s alleged Limited Power in Shirley’s Estate and Trusts could be used for, where then only 6 grandchildren would split the condo monies as you and Pam and your lineal descendants would be wholly excluded. Since I have three of those six children this would equate to $800,000.00 for the three of them or $266,000 each, which more closely matches your number. Finally, in the most likely beneficiary scenario, after we litigate these issues and hear all my unheard Motions, if the 2012 alleged changes made by Simon are denied by the courts in toto it would be $533,333 to me Jill and Lisa directly.
Of course, there is Shirley and Simon’s house and other assets in the Trusts that would inflate the amounts coming to either my children or me or both making the number way above your estimate. Again, we are demanding no transaction take place the Lions Head Lane home or with any other assets in the Estates and Trusts without our prior approval and consent and full disclosures and without all of these matters fully resolved in the Courts, especially in light of the criminal activity proven and alleged in the Estates thus far, including your sale of the Condo while signing Tax Forms claiming you were the Personal Representative at time when you factually were not. In fact, factually you are still not issued Letters as of this date.
h) As you know, Shirley and Simon set up Trusts and inheritance monies for our children’s schooling and to fund our family expenses well into the future and paid in advance for the kids colleges and these Trusts and others we allege are being interfered or missing entirely.
i) As for deductions for creditors and legal expenses, well again Ted, Robert and Donald, all these legal expenses are a direct result of your failures and Breaches of Trust and fiduciary duties, including criminal acts of Fraud on the Court, Fraud on the Beneficiaries, admitted Forgery, proven Notary Fraud, violation of Probate Rules and Statutes and more, all of which forced the reopening of Shirley’s Estate. As for creditors Ted that appears to be a liability almost wholly attributable to your alleged fraudulent activities that has got the Estates tangled up in your mess. All these damages will be incurred by all of you as a result of your actions, so I would not be so fast to deduct them from any of the injured parties exposing you to further liabilities.
Therefore, we believe all these costs, legal fees and liabilities caused will be ultimately paid by those who caused the expenses and damages and not those who have brought the criminal acts and more to the attention of the courts, exposed the FELONY CRIMINAL MISCONDUCT to the authorities leading to arrest and who have already been damaged by these costs as a result.
6) “Further, I am not aware of the other special and elaborate estate planning documents that have been created for your permanent support as you continue to state with such conviction. It would be extremely beneficial if you could provide them to me, Don and Robert at this point as there is nothing that was done to our knowledge despite your continued allegations. In fact, you were on the conference call that dad set up with me, Pam, Lisa, Jill and Robert shortly before his unexpected death where he told all of us that he was directing the estate and trust monies to the grandchildren and not to any of us and you (and we) agreed that he made the right decision.
You entered into an agreement with mom and dad in 2007 which provided that any monies they gave you to help support your family, including medical insurance reimbursements, during their lifetimes ($100K/year) would be considered as an advance against any inheritance you would receive. A condition of this arrangement was that you not threaten or sue anyone in the family which is all you have done since our father’s death.”
a) As far as your statement “Further, I am not aware of the other special and elaborate estate planning documents that have been created for your permanent support as you continue to state with such conviction” it appears a ludicrous when you are fully cognizant that Shirley and Simon set up companies and trusts solely for me and my children to protect us both while living and after they died.
In fact, YOUR ACTING AS A MANAGER ILLEGALLY FOR ONE OF THEM, BFR and BFI and BHL are exhibited herein already as further evidence of elaborate Estate planning for my family that Shirley and Simon did while alive as part of their estate plans. Shirley and Simon paid for and protected a home for my children in companies the children own and set up these entities to pay for our family’s expenses without interruption after their deaths through our inheritances.
This was being done up until you seized and hijacked control of BFR a few months ago. You know the unique position we are in and why Shirley and Simon took these actions to protect my family, with people threatening our lives and bombing of our car (remember you were the last in possession of the car before a bomb was put in it) and obstructing justice in our court cases and phone and wiretapping us illegally and all that jazz, as fully defined in the May 2013 Petition I served all of you. Ted with Robert’s assistance you volunteered and were given by Janet title to be Manager of BFR and illegally seized control of one of these elaborate planning devices used to protect our family that you ask about, as if you do not know of these things and how they were designed to protect us.
Now you are trying to use undo these elaborate plans to directly harm us and prevent us from prosecuting all of you. You are all also in possession of an alleged Mortgage on our home that Simon took out to himself, to protect the house from creditors and defendants in my RICO while he was alive and this again was an elaborate planning device to protect my family that you guys are now trying to claim is somehow an enforceable Mortgage owed to Simon and trying to evict the kids from their home. Robert at first stating the Mortgage was to be forgiven at Simon’s death and then later when I sought counsel to protect my children and myself and attempt to get the estate documents released to us, he threatened he would foreclose on us if we did not cooperate with him and if we retained counsel to review what appeared fraudulent transactions, to get the records owed to us for two years and more.
b) Ted, you and Robert were also acting with Walt Sahm regarding his mortgage on our home and falsely acting as Managers of BFR to him prior to Janet turning over that title to you and avoiding his calls and letters for his interest due for months. You and Robert led Walt to believe you were acting as the Managers of BFR for months and all the while you jerked Walt along refusing to respond to him while you knew that Oppenheimer at that time was Manager of BFR and never told him to get his interest from them, again while acting in an imposter fiduciary role. Walt even stated to us in the letters I forwarded to you that he felt that you and Spallina were intentionally trying to force him to foreclose on our family by failing to respond to his repeated written and verbal calls for interest due of $3,800.00 for months.
He was then forced to get an attorney whom you and Robert also avoided, similar to what Robert and Donald did to my children’s counsel Christine Yates and Walt details that abuse in the letters I have provided all of you. Prior to being forced to foreclose on us, Walt, being a friend of Simon’s made a call to me and apprised me of the situation and what you and Robert were doing to him and his lawyer while acting as Managers for BFR and he was really confused as to why you dodge and evade him and leave him no other option than to foreclose to collect his interest, which was really bizarre when we learned one of the interest options he offered on his loan was a deferment of interest and thus would have cost nothing to BFR but still no response from you and Robert to his repeated requests. So when he called me Walt said he felt he had no other option but file foreclosure, which he could not believe he was being forced to do, as evidenced in his letters.
As Walt stated emphatically in his letter to me that foreclosing was 100% opposite of Shirley’s and Simon’s intentions and told me in writing how disgusted and mortified he was at what was going on with you and Robert in regards to my family and in direct contrast to what he knew Shirley and Simon where doing in setting up these elaborate plans for my family and our home that he was directly involved in.
c) Once I brought Walt’s claims to you and gave his letters to you, Robert, Donald and Oppenheimer, replete with his statements of disgust at your actions, things changed right quick and he was paid virtually overnight by Oppenheimer, as he had fingered you acting in an unauthorized capacity as Manager of BFR, when you and Robert knew you were not in that capacity at that time, as Oppenheimer was at Robert’s direction. I also learned that Oppenheimer after learning that Walt was not paid for months while they were Manager then paid Walt, even after they had claimed they had no more money in the trusts for ANY of our expenses. The worst part of that whole story is the whole time you and Robert intentionally avoided Walt and did not turn his requests over to Janet for payment when she was acting Manager of BFR, instead you and Robert went around telling everyone, including my children’s counsel and I, that Walt was threatening foreclosure and to stave it off Robert needed $100k to pay him immediately and I better sign up for your alleged insurance fraud scheme to get him paid or else be evicted, more play or pay extortionary tactics to participate in your illegal activities. ALL OF THIS EVICTION AND FORECLOSURE STUFF ANOTHER BIG FAT LIE AND CON AND FURTHER EXTORTION! I think that adequately gives you enough examples of the elaborate plans of Shirley and Simon for my children and family that you Robert and Donald are trying to now destroy instead of protect, due to your adverse interests and in the process causing great harm on our family with intent.
d) Ted, your interpretation of the meeting with Simon in May of 2012 is again a fabrication as Dad did not tell us anything about his redirecting the Estate and Trust monies to the grandchildren, he merely stated he was thinking about doing such and wanted our agreement to his proposed plan. Why he was thinking of doing such was due to extreme pressure being put on him at the time from you and Pam to force him to change the beneficiaries to include you and your children and Pam and her children back into the Estate plan. This pressure you heaped on him from the minute Mom died was killing him and a direct result from the cruel and unusual abuse you and Pam were spearheading by trying to get all the other kids and grandchildren to boycott seeing Simon unless he made changes to the Estates and you were successful in your recruiting efforts with all but me, Candice and our children. My family refused to participate in your plan to terrorize Simon by withholding not only our love for him but withholding our children from seeing him, in efforts to force him to bend to your ways and change the estate plans and stop seeing his companion Maritza.
You and Pam succeeded in getting Lisa and Jill on board and for over a year you had boycotted him over these matters and it was killing him. When your children came to my house and tried to enlist my support to stop seeing Simon and Maritza, I thought they were nuts and told them to tell you so and I made contact with you and tried to reason with you to stop what you were doing as it was killing Dad and causing him great stress and we all know he had a sensitive heart and this torture could kill him. That led to your letter to me and Dad in April 2012 that stated that we no longer existed to you and your only concern was for your wife and kids.
e) Ted, it was my intervention that led Dad to hold the meeting in May 2012 to try and resolve the issues between you and Pam and the other girls (who only were upset about Maritza not a loss of inheritance) and Simon. I was trying to help resolve these issues for both you and Pam to save Dad and help resolve things. At the meeting in May 2012 Dad proposed a change of beneficiaries to possibly include you and Pam’s children ONLY, not you and Pam, back into the estate plan but only if the three beneficiaries, Jill, Lisa and me were willing to give up our inheritances and turn it over to the grandchildren instead. Where you then agreed to cease the problems and hurt to Dad created by mainly YOU and let Dad see his grandchildren again.
The proposed agreement was that if Jill, Lisa and I executed on this plan after reviewing our interests that were suppressed and denied by Spallina and Tescher to me, Jill and Lisa as beneficiaries, you and Pam would stop the elder abuse, threats of lawsuits and torture of Dad and allow your children to see him again and move on. I agreed I would do anything to stop Dad’s pain and suffering and then everyone else agreed in principal that this sounded like a good if Dad were to go through with it. You really had nothing to agree to in the meeting regarding the Estate or Trusts or proposed plan because either way you personally were still being excluded and only me, Jill and Lisa were agreeing to give anything up in exchange for your and your children’s torture of Dad to cease.
f) Ted, at the May 2012 meeting it was also learned that you were claiming that you and Pam and your lineal descendants should be cut back into the inheritance in the estates because the businesses you inherited while Shirley and Simon were alive as given to you as living inheritances were now not doing well under your and Pam’s management and this was part of your claim to get back into the Estates and Trusts, despite the transfer of the businesses that were worth millions when you took them over in exchange for any future inheritances. Further, you had the luxury all those years that me, Jill and Lisa or our children did not have of running businesses Dad started and grew for years’ worth millions and lived extravagant lifestyles from your living inheritances you took in exchange for any post mortem inheritances.
g) As I had just learned only days before the May 2012 meeting that I was one of three Beneficiaries of the Estate and Trusts of Mom and Dad, as my interests and the fact that I was even a Beneficiary had been suppressed and denied from me by Robert and Donald for 17 months after Shirley’s death, in violation of Probate Rules and Statutes. Simon was quite surprised when he found out in scheduling the May 2012 meeting with me that Robert and Donald had never sent me, Lisa or Jill any information regarding our inheritances.
Part of the arrangement made in the May 2012 meeting so we could review the proposed Estate and Trust changes was that before I was to give up any interest and agree to any proposed change to the beneficiaries, Donald and Robert would send me an entire accounting and inventories of my interests and all documents and records that were owed to me for seventeen months since Mom’s death and they would be sent for my review before I waived any rights to any of my interests or changes were effectuated. Robert and Donald agreed to send the information with other necessary documents for me to sign in the event Dad decided to go through with this proposal.
h) That days after the meeting I got one piece of paper from Robert and Donald, a Waiver, that I signed immediately like a good son to prevent further stress to Simon that could give him a heart attack but on that form I wrote in handwriting at the bottom and in the email I sent stating that I was only signing the Waiver to relieve Dad’s stress, despite having no idea what I was waiving rights in and that I was awaiting the documents regarding my inheritance from Robert and Donald to make my Waiver claims true.
Strange that the copies of the Waiver’s sent to the Court in my name are both missing the handwriting at the bottom and must not have been originals and where Moran has already admitted to creating one of the documents in my name from scratch, FORGING MY NAME and FRAUDULENTLY NOTARIZING HER FORGED SIGNATURE and so I understand why that would be missing my handwritten note, however the email I sent had the note clearly stated just in case anything happened as Candice so smartly had me do.
I was being asked by Robert and Donald to waive interests in my inheritances and was claiming to have seen and have knowledge of and this and at the time I signed the statements were wholly untrue and why I wrote the note in the first place and at that time both Robert and Donald knew that I did not know what my interests were that I was waiving, as they never sent the documents detailing my interests as was required by Probate Rules and Statutes and intentionally suppressed and denied them and continue to this date to do so.
i) Robert and Donald in fact never sent the information promised in the May 2012 meeting up until January of 2013 when I had to retain counsel to attempt to get them as they continued to refuse to release these documents legally owed to me after countless written and oral requests. Still yet, none of you have sent all of the requested and legally required records, accountings, inventories to me or my children as Beneficiaries in both Estates.
j) Having never received the records, etc. from Robert and Donald for months after the May 2012 meeting up to the time of Dad’s death and knowing that the war with you and Pam not only did not end but in your case Ted had gone from bad to extremely worse as fights between you and Dad intensified and there are witnesses to these fights who claim they never saw Dad so frightened and you outraged. I assumed when Dad died that he decided not to go forward with the proposed plan, as nothing had been done, any new beneficiaries that would have been elected were never notified of any changes. In fact, you, Pam, Jill and Lisa continued the hate on Dad and his companion Maritza to his dying day when you threw Maritza out of their home the night he died by threatening her at the hospital while he was dying to leave or else.
Since you, Pam, Lisa and Jill still were furious with Maritza and Simon until he died and you still were furious the Estate plans were not changed, you all continued to have boycott Dad and blocked your children from seeing him almost entirely until the day he died, it was obvious that the proposed plan in May 2012 was never executed on because your end of the proposed agreement was never honored.
Then suddenly after he dies, you make these claims that he changed the beneficiaries and refused to send the documents, forcing us to seek counsel to try and get them and we still do not have them and so it appears that Dad never made any changes while alive to the Estates beneficiaries and for good reason. The changes all appear to be Post Mortem and the documents he filed DEAD while he could not serve them as Personal Representative and are still open to legal review according to Judge Colin’s order that states he is not reviewing at this time those documents filed while he served as Personal Representative but leaves open those he could not have served while Dead.
k) Ted, what is really scary about this is that your hate for Maritza that continued to his end led you to claim to the hospital that Maritza was poisoning Dad and hours after he died you had the Sheriff come to his house and take formal statements accusing Maritza formally of attempted murder through poisoning Dad.
Yet, Maritza was not some Anna Nicole and had no interests in the Estates and so it seemed odd she would murder him as you and Rachel claimed. Additionally, the day he died, you contacted the Coroner’s office to order an Autopsy, which I believe failed to run a Poison screen, only a drug toxicology report was done and I am digging into that deeper now and further investigation with the Coroner regarding the tests done and reviewing the circumstances leading up to his death have been requested.
l) Ted, it was learned that you and Dad had a massive falling out only weeks before he died where you were still trying to force him, I believe with Robert along, to make changes to his estate plan and he would not. At about this same time Dad also found that you and he were being sued by William Stansbury for several million dollars from acts done allegedly, according to Stansbury’s complaint, by you individually. Allegations in his lawsuit include your fraudulently cashing checks made out to William and signing his name on them, taking monies owed to him, tricking him out of stock he owned in LIC Holdings and more. That Dad according to witnesses was blown away when he first found out about William’s lawsuit thinking William, his close personal friend he loved like a son, would make such claims and sue him, when Dad had thought he had been paid by you what he was owed.
I believe when Dad looked into the matters further he found that monies of William’s and his own monies that were supposed to be reserved by you in the company were missing and he was furious with you and packed up his bags from the business office you shared with him, moved out and began to dissolve his business relations with you. He abruptly left the office virtually overnight to start a new venture in a new business with Scott Banks, his assistant Diana’s husband, to get away from you and in fear of you. When he contacted me and Candice to help get that business rolling he told he us left you because he was afraid of you and your wild temper and thought that you might have stolen money from William and him too. Dad appears not to have joined your suit against William and you retained counsel that Dad would not participate with and I think Dad was thinking of suing you too for his monies lost.
m) Ted, Dad was afraid and at this time, only weeks before his passing “suddenly and unexpectedly” as you claim in your letter, as all these fights between you two really began to explode and about this same time he began to have all kinds of psychological and medical problems that he was going to doctor after doctor to see what was wrong and no one could figure it out. Now that I think about it, it may have been poison and the question then would become who poisoned him and where it appears Maritza may have been the fall guy in the event something did come back and perhaps she was being set up by someone in case anything came back. Maritza had no motive and I found it strange you would accuse her of such a serious crime without any real evidence other than Rachel’s and your account that she was some kind of money grabber.
n) Ted, Robert and Donald, as for the agreement I entered into with Shirley and Simon in 2007 that was voided long ago when the terms were changed and things like BFR were set up instead to fund our expenses and Mom and Dad stated no chargebacks would be included in their estate planning documents and none were from what we have. In fact, you, Robert and Donald did not even know of this old agreement until I put it forward in these matters to evidence that monies were being paid monthly for our living expenses since that time of that agreement to fund our living expenses.
I did not see any listing for this contract on Simon’s personal property inventory or in any alleged 2012 Amended and Restated Trust of Simon’s or Shirley’s 2008 Trusts, no call for chargebacks to me or my children relating to any contracts and thus not sure where you are heading with that other than a further attempt to make threats to me or commit further fraud.
7) In response to your claim, “It seems to me that you do have access to resources that would allow you to pay for your expenses but for a host of irrational reasons you continue to block those funds as well. You stand to receive 1/5 of the life insurance proceeds ($325,000) from dad’s policy. For the life of me, I cannot understand why you are challenging that policy in federal court, in Illinois. I am not a lawyer, merely an interested 1/5 party in the same policy, so my opinion of your challenge is probably of little legal value. With that said, my opinion is that you are doing nothing more than delaying the inevitable. Don’t you need funds to support your family? You seem to want the boys to partake in special activities that may help them in the future including this $15,000 lacrosse trip to play five games. You want them to attend privileged schools. You want Josh to have a car that will come with expenses for insurance, gas, maintenance. I am sure you will want to do the same for Jake.”
a) As you know Ted we do not have other access to resources that would us to pay our expenses and had not intended on needing them until our inheritances were delayed and are being looted not through hosts of irrational reasons but hosts of illegal reasons in violation of Probate Rules and Statutes, as discussed already herein and in my Motions before the courts. I have not blocked any funds, I am just making sure they are transferred legally to the correct parties and the last wishes and desires of Shirley and Simon are carried out and not the plans of you and Robert et al. to make changes through Forgery, Fraud and more. The insurance policy is a good start to explain just who is blocking funds. The policy you mean that you, Robert and Pam claim is missing from the Estate and estate plans and no one can find even a copy of? Not only is there suddenly a missing policy but the trust you allege is the beneficiary of the policy, you, Robert and Pam also claim is missing from the Estate and estate plans and again no copies even of an executed copy exists. Of course, we have pled that the policy and trust are being suppressed and denied so as to attempt to convert the asset from the proper beneficiaries to where you and Pam will benefit directly from these and other alleged fraudulent acts to fraudulently convey the proceeds of the policy.
b) This statement also appears delusional in relation to the realities regarding the insurance policy and much of this fraud is already before the federal court and I am not sure there are any insurance proceeds at this time or if they have been paid to a Federal Court in your alleged fraudulent Breach of Contract Lawsuit and now are lawsuit proceeds held by that court instead, for the time being. I do not believe I stand to get 1/5 or any of the insurance proceeds from Simon’s policy LEGALLY through this fraud on a federal court and insurance fraud scheme, as Florida law clearly states that in the event of a lost beneficiary such as the lost trust or for any reason, the proceeds are then payable to the insured’s estate and therefore these proceeds should be legally paid to the Estate of Simon and then paid to the to be determined beneficiaries of the Estate, which obviously would not get you or Pam any monies directly, only your adult children might be part of the equation. I have clearly explained why this Insurance Fraud scheme is legally flawed to you and Robert and put my allegations into my May 2013 pleading I filed with the court served upon you that remain unheard.
c) What I did not know in May 2013 and until discovery in that lawsuit was given to me, was that Robert had filed an initial claim to the Policy acting as Trustee of a lost trust he claims never to have seen which was DENIED and this appears to be a fraud on the Insurance carrier and I have now made that claim to the Federal Court.
d) It was good to see the insurance company was on their toes and denied Robert’s bogus claim and demanded a court order approving Robert’s claim to pay him as Trustee of a lost trust that no one had a copy of. All this stinks to high heaven of suppression and denial of Estate documents to commit fraud. More bizarre was after the carrier denied the claim to Robert and requested a court order, YOU personally filed the Breach of Contract Lawsuit for the claim that was not paid to Robert as Trustee of the Lost trust and in Your Breach Lawsuit against the carrier Jackson National, you suddenly claimed to now magically be the Trustee of the lost trust and not Robert. Did you and Robert transfer roles while Lost in Space where you then transformed into the Trustee of the lost trust for the Federal Lawsuit filing, were the beneficiaries of the lost trust notified of the transfer of fiduciary titles from Robert to you? Did you notify the Federal Court that Robert had filed the claim as Trustee fraudulently when you knew of his attempt to collect under this false fiduciary title?
e) It was really freaky to see in Jackson’s National Counter Complaint that you were even advised by counsel prior to filing the lawsuit that you had no basis to file the lawsuit but chose to ignore this legal advice and instead had Pamela’s brother in law Adam Simon join your scheme to file the lawsuit as attorney of record in this vexatious and fraudulent lawsuit that attempts to abscond with the death benefits of the policy from the Estate to you and Pam’s family. Worse yet, you did this intentionally behind my back and my counsel’s back at the time, instead leading us to believe you were seeking the requested court order from the probate court regarding approving your initial flawed beneficiary scheme as defined in my May 2013 pleading I served on you, Robert and Donald. I do however disagree with the lawyer that advised you that you had no basis in filing the fraudulent lawsuit, you had lots of interest in filing it, as without it, YOU and PAM receive NONE of the benefits of the policy but if you are successful in this insurance fraud scheme through fraud on a federal court, you and her receive almost half, that’s a hell of an interest to file the lawsuit despite the illegal nature of doing so.
f) I also pointed out that your attempts to move the proceeds of the policy out of the Estate and into you and Pam’s personal pockets in 2/5th parts was a clever scheme for you two to loot the Estate of the insurance and get monies from things you two had been wholly excluded from getting any benefits in. What is sad is that through this Insurance Fraud scheme you would be taking the money in your pocket directly from the Breach of Contract suit while defrauding your own children and other minor beneficiaries of their rights to the benefits if the monies went to the Estate where it might be paid to them instead depending on who the TBD beneficiaries are.
g) Sadder yet, you claim to be acting as Trustee’s for your children in the Estate on the one hand and converting the proceeds to your pocket on the other and this conflicting and adverse interest to put the money in your pockets and not theirs was wholly ignored by you and Pam and you were going to sign off their interests and never planned on telling them what you were doing.
h) Ted, I see Stansbury has interpleaded, as you note in your letter in the Federal Breach lawsuit, further purporting that it is an attempt to defraud him as a creditor of the Estate and I and others will serve him well as witness to you, Robert, Donald and Pam, telling us that you were going to try to hide the policy proceeds and other assets from him through a variety of fraudulent activity that I responded in writing to all of you that I would never consider doing such a thing, since they are criminal acts you proposed and this perhaps explains why the Breach lawsuit was secreted from me and my children’s counsel. Further, to clarify your letters claims, you are not just merely an interested 1/5 party in the benefits in that federal action, you are the person that filed that action personally, acting again in a hallucinatory delusional fiduciary capacity, as Trustee of an alleged “lost trust” when filing it, a lost trust that no one has executed copies of. Please provide how you and Robert switched trusteeship in the time period that Robert filed his fraudulent insurance claim that was denied and your filling the Breach suit weeks later and claiming you were Trustee, as otherwise it is more prima facie evidence of fraud. Include in your response the lost trust document to prove your fiduciary role of Trustee of the lost trust as you claimed to a Federal Court. We are filing criminal charges both federally and state for this insurance fraud and FRAUD ON A FEDERAL COURT, no threat, just a fact. By the way, when you filed the suit I was not noticed as a Beneficiary or my children, of your legal action and I heard you met with Robert and others on how to design the lawsuit to sneak around me and my children and our counsel’s back when filing it. More disgusting was it was learned that it was also conspired to conceal the insurance and abuse of process scheme from your own children as if they were not informed by their estate trustees (their parents) they would never know you had converted the insurance funds from them. You actually were asking me to join in this second scheme defined in the May 2013 pleading as the Settlement and Mutual Release (SAMR) proposal and get the insurance proceeds paid to the children instead of the grandchildren and not the Estate where my children or me would get the proceeds and were asking me to sign off their interests in the proceeds as their guardian and trustee for their alleged inheritances and Robert further told us if we didn’t tell our children they would never know when Jill asked him if we could be sued by our children later. Of course due to the illegality of the arrangement I refused and you stated you were going to get the probate court order the carrier requested approving this beneficiary scheme and instead you secretly filed the Breach lawsuit instead.
i) Yes Ted, we really need the funds but we are not willing to do anything illegal for them and anything was not part of the last legitimate Wills and Trusts of Mom and Dad.
8) In response to your claim, “The $325,000 of dad’s insurance proceeds seems to be money that could belong to you and could be used any way you see fit. It makes absolutely no sense to try and utilize the assets of the boys’ trusts in lieu of money that is immediately available to you and money that is certainly going to end up being paid where dad intended it to be paid. Even if you feel there is a chance to eek out a few more dollars by causing those proceeds to be directed to dad’s estate where your family’s share would be 30% (through your boys’ trusts) and not 20% (directly to you) in the case of the lost trust, there is a substantial claim which could reduce what would then otherwise go to your children. Are you really in a position today to take that chance? I am deeply concerned about this thinking in light of the limited and finite amount of assets. Additionally, your aiding Bill Stansbury to intervene in the insurance proceeding (and with estate matters) is troubling and speaks volumes to your inability to understand what is at stake here for you and your family.”
a) Yes Ted you are correct we sure could use the money from the insurance policy. I mean factually the money from the Federal Breach of Contract Lawsuit that you did not include me in when you filed and claimed “4/5” of the Bernstein children were in agreement with the lawsuit scheme in your initial pleading with the court. I was only notified of the Insurance Fraud scheme taking place in and on the Federal Court when Jackson National sued me as a third party defendant, notifying me of you, Robert and Pamela’s scheme to convert the proceeds outside of the Estate and Trust beneficiaries through your suit against them.
b) Now this next statement of yours that I am using the boys trusts in lieu of money that is available is false, as first the insurance money is not available due to you and Robert’s alleged unlawful acts and nothing to do with me, as it is now tied up in a federal court also due to you, Robert and Pam’s losing the trust and policy or more likely suppressing and denying them to attempt to change the beneficiaries to include you and Pam.
c) Ted, I do not agree that Simon intended the benefits of his insurance policy to be paid to an Illinois Court on a Breach of Contract Lawsuit that puts his intended beneficiaries at risk due to Robert committing alleged insurance fraud to collect it and then you making a second attempt to get it through an alleged Fraud on a Federal Court and suppressing and denying Dad’s trust document and policy, which most certainly would have been part of his Estate plan and he would have had copies of when he died at the house or office. As I have filed in my pleadings, you did have Rachel leave the hospital right before Dad died and go to the house and remove piles of papers from his home and you also closed the office in supposed memorial for Dad, where it is alleged you and Lindsay Baxley began going through and removing files and other items from his offices.
d) I also do not think that Dad intended that Robert would suppress and deny the information and trusts regarding his policy and claim the beneficiaries were lost and try to make a fraudulent claim for the proceeds as Trustee of a Lost Trust and then distribute the proceeds as you, Robert and Pam see fit. I am not sure what your reference to eeking out a few more dollars by having the proceeds paid to the Estate means, as my desires to have the Estate paid are a matter of LAW as I have explained to you several times already. In fact, in your scenario that appears delusional, I stand to lose 100% of my share in the monies to the Estate Beneficiaries by not participating in the insurance fraud and breach of contract schemes and I know you can’t understand why I would do the right and legal thing despite the consequence to me personally.
I feel bad for you in a way but that does not justify what you are trying to do in all these scams to abscond with assets and does not justify the extortionary tactics you are doing with Robert and Donald to my family to extort me to take the monies despite our beliefs that it would be fraudulent conveyance just because you have forced us to really need funds due to the recent hardships you, Robert and Donald are purposely forcing on us as failed fiduciaries with adverse interests and by not making the necessary and legally required interim EMERGENCY distributions to my family and/or BFR to pay the our expenses, again which are necessary from delays and egregious bad faiths acts caused wholly by the actions of you, Robert and Donald acting as the alleged fiduciaries. Actions which put three minor children beneficiaries at risk from the delays and where such hardships are being caused wholly by your intentional acts to harm us and force us to accept things the way you have rigged them or else you will not make the interim distributions to three minor beneficiaries you claim you are responsible for as fiduciaries and in the next breath claim you are not fiducially responsible for.
e) Ted, your statement “Are you really in a position today to take that chance?” sounds threatening and intimidating knowing that you are the ones putting us in a position of starvation through further misuse of your alleged fiduciary powers.
f) In fact, your claim that I am not taking monies available is further false as I am asking for monies to be distributed from the trusts to us that are available as learned in the September 13, 2013 hearing. I just will not take the monies illegally until all of these matters can be settled both civilly and criminally and the beneficiaries determined and therefore the only way to get the monies without committing fraud is through interim distributions and family allowances and more, which you are now refusing despite all of these delays being due to you, Robert and Donald’s bad faith acts and unclean hands thus far in the Estates, which have delayed and stymied any monies to the beneficiaries while you further loot the Estates, while wholly misstating the net worth of the estates while denying and suppressing the financial information.
g) Ted, your claim about me aiding William Stansbury to intervene in your Breach of Contract suit is hysterical. I, like Dad, happen to like William and have been on conversations with others where you, Robert, Donald and Pamela have made statements that your insurance fraud scheme and other schemes were also to avoid William as a Creditor of the Estate, which seemed to me to be creditor fraud as well, which I articulated in my first pleading with the probate courts in May 2013 and served upon you, Robert and Donald. I also sent you and Robert letters directly claiming this appeared illegal. I think William and his attorney Peter Feeman, both outstanding men of honor and integrity, did not need my help intervening in the Federal Lawsuit, as I am not an attorney and William’s attorney is a pretty smart guy from what I have learned.
I know why Dad loved William as a son and was horrified at what happened to him and how you are alleged to have conned William out of stocks, converted his monies and cashed checks that were in his name as he alleges in his action against the Estate, which is a creditor action caused by actions done mainly by you Ted. Again, the creditor claim is due to your actions, not mine, which have now put the Estates and Trusts at huge risk from his lawsuit. However, again, I would not do anything illegal to convert monies around William that may be owed to him, even at a loss to me and my family directly and Dad too was a man of honor who died with no debts to anyone and I know he would have wanted the right thing for William to play out in the end and would not have wanted us to commit fraud to evade him. Again, it is something else about right and wrong actions we disagree on.
h) Also, we have had no notice from the alleged fiduciaries of Simon’s estate, Robert and Donald, as to the status of the Stansbury lawsuit and filings made and do not know if anyone is representing all the parties, interests and entities being sued in the matter, including Simon’s estate as required by Probate Rules and Statutes. I do recall at first no one was representing the Estate, exposing the Estate to massive risks. Again, most of this Stansbury liability is alleged to be the result of your direct actions and not Simon’s, which again have delayed distribution of assets to the TBD true and proper beneficiaries.
i) I see my family’s company BFR was also sued in the Stansbury lawsuit and my question becomes is Mark Manceri representing my family’s company and if so who retained him and when and on what authority were they acting. Please provide me and the boys with records, retainers, etc. for his hiring as I will be firing him as soon I regain control of BFR from you for his adverse interests with me now.
j) Ted, as you can see, in contradiction to your letter that it is your schemes, lost trust, lost policy and fraudulent Breach of Contract lawsuits that have also held up payment of the insurance proceeds to the proper beneficiaries and opposite of what you and Donald claim in your letters it has nothing at all to do with me, other than my being forced to respond as a third party defendant. I am just responding to the lawsuit I was sued into as a result again of your actions not mine. Again, as per law, the beneficiary in a lost beneficiary situation is the Estate and therefore if I took the money to me directly outside the estate as part of your fraudulent scheme, I could be responsible later for several criminal acts and be sued by my children and William or other beneficiaries for such acts and later forced to return or pay back the monies on my way to jail for insurance fraud, fraud on a federal court, creditor fraud, conversion and comingling and more, and following you, Robert, Donald, Pamela, Moran, Adam Simon et al. in cuffs perhaps.
k) A recent threatening letter from Adam Simon for me to withdraw my pleading in the Federal Court to remove him from the proceedings and more, is further evidence that speaks volumes as it threatens me to withdraw my claims or else and so I have attached that herein for review as well.
l) A statement from a recent pleading in the Federal Court by Jackson National that is repeated in each of their answers in response to your production request, I quote, “ANSWER: Jackson objects to the requests because an executed copy of the Trust has not been produced, and thus to the extent any finding is subsequently made that the Trust was not established and/or is not valid, it will not have been a proper party plaintiff to this suit, including propounding these requests. Regardless, even if the Trust is established, Ted Bernstein, upon information and belief, is not the proper trustee of the Trust, and therefore he does not have standing to pursue this matter on behalf of the Trust, including propounding these requests.”
9) In response to your claim, “I am concerned that both of you are conflicted with respect to the assets earmarked for the boys and that you are not able to act in their best interests. Your requests for us to take over all the household bills for your family, from assets of the trust, lead me to believe that you do not understand the nature of those assets that belong to Joshua, Jacob and Danny and what your obligations of support are to your children.”
a) Ted as for your claim of my not being able to act in the best interest of my boys does that best interest include my refusal to partake in your fraudulent schemes that put us at risk as you are doing to your family. For your and Pam’s continued actions in adverse interests to your children, I have already put in a motion to the court to have a Trustee Ad Litum and Guardian Ad Litum forced upon you for your self-dealing transactions in conflict, your acting as a fiduciary in several transactions, including but not limited to, the alleged insurance fraud and the Condo sale, without having legal authority to act in the alleged capacities you acted under and for other alleged criminal acts and violations of Probate Law and Statutes and more, as pled in Motions before the Court, listed below.
b) Ted, my children’s best interests will be served by our integrity and honor to Shirley and Simon who we loved until their last dying days and above all following the wishes and desires Shirley and Simon had for us and our family and their other chosen beneficiaries, as put forth in the last apparently legitimate Wills and Trusts they did in 2008 together while they were alive, with no one helping make changes through proven FRAUDULENT NOTARIZATIONS and admitted FORGERY and more, including a document FORGED POST MORTEM for Simon. Your view on best interests and concerns for our children are valueless to us in light of what you are doing and have already done, in fact, it will be what I teach my children never to do or become. Your letters support of Robert, Donald and Moran in their criminal activities against our father and mother’s estates makes me sick and sad that you have chosen to try an exonerate their acts that directly benefit YOU and you have the nerve to talk about the best interests of my children.
c) I have not requested you make any payments or take anything over and in fact claim you have hijacked my bills and entities to extort me and not help me and my children and I have asked only for interim EMERGENCY distributions from the Estates and Trusts, which are provided for under Probate Rules and Statutes, especially for these kinds of emergencies situations caused wholly by the fiduciaries bad faith acts and crimes and thus my family has rights to such funds, which can be deducted later from the ultimate beneficiaries TBD by the courts now, either me or my children or both. There are more than enough funds coming to us from just the known assets at this time to cover these costs monthly until the Courts can determine all these matters and final distributions can be legally made to any party, even if it takes like Judge Colin said a year or two. And remember it is you who volunteered with Janet and Robert to take on my household bills, although you now try to deny this and usurp the Estate plans of Shirley and Simon that provide for beneficiaries being taken care of if necessary by the alleged fiduciaries, especially in a case like this when the EMERGENCIES are being intentionally caused by the ALLEGED fiduciaries who appear to be looting the estate in a mass of fraudulent activities as well.
d) Ted, your statement regarding assets earmarked for the boys and my conflicts with them is truly delusional as well, as you, Pam, Jill and Lisa, are also conflicted with your children for the same reason I am and that forced me to seek independent lawyers for my children as the law firm I hired demanded this separate representation once they learned of the conflicts I was put into through these schemes of yours, Roberts, Donald et al. The difference is while I recognized the conflict and sought separate legal counsel for my children and myself due to the conflicts created by you, Robert and Donald, including but not limited to, those caused by the lost trust and insurance fraud scheme and others schemes you have devised that put us in conflict with our children for Estate monies.
To prevent adverse interests from polluting any decision I would make in conflict, where I would get monies directly in my pocket while acting as fiduciary simultaneously for my children who I would be taking the money from, I was advised by counsel that I had to seek separate counsel for each party. YOU on the other hand, even after being advised by me of my counsels’ positions, sought no independent counsel for yourself and your children from the conflict created by lost policies and trusts that put you in conflict for the benefits with your Adult children, where the benefits would go either to you directly through your concocted schemes or to your children allegedly through the Estate.
Hard to deny the conflict but Robert again even suggested to all of us on a conference call with others on the call not to tell our children and they would never know so there would be no conflict. It seemed inappropriate that Robert spearheaded these efforts to get you money directly acting as your counsel apparently and advising you and even participating as alleged Trustee of the Lost Trust for you to get the benefit from these schemes to the detriment of your own children, when he is alleged to be Co-Personal Representative and Trustee protecting the Beneficiaries who are alleged to be your children and not you.
10) In response to your claim, “With respect to the KIA, I am sorry but I do not have a great deal of knowledge about this matter as it falls outside my responsibility. Having said that, I do know that it is owned by dad’s estate and under his will would pass to the five of us unless some special arrangement is made to title it to Josh.”
a) Ted, this claim shows how little you really care about my children or family and what sick lengths you will go to cause pain and suffering to the kids. In regards to Josh’s birthday gift from Simon to Josh that is exempt property as it was a gift, your claim now that it was not a gift and is a part of the Estate property of Simon is even more delusional in light of the fact that you know it was a gift and in an email you wrote you claimed,
From: Ted Bernstein [mailto:TBernstein@lifeinsuranceconcepts.com]
Sent: Wednesday, August 29, 2012 8:28 PM
Subject: RE: Josh getting his first wheels
Go Josh!! He must have gotten really, really, really good grades last year or have some incriminating pictures on someone to get a car at 15 :-! ;-)
b) The fact that you, Jill and Lisa all wrote similar congratulations to Josh on the gift Simon gave him for his birthday and then had Manceri file in the court that all of you now claim that KIA Soul was Simon’s personal property and not a gift, knowing damn well it was Josh’s car makes your statement appear delusional, cruel and a big fat lie and further stands as another extortionary tactic involving further fraud to steal the car through abuse of process court filings fraught in lies, to make us play or pay your way or else you will go so far as to steal from a 15 year old nephew you allegedly care so much about, his car given to him two weeks before Dad died on the last day he ever saw him alive. More importantly, it is sad that Josh has for over a year not been able to drive the car Simon gave him outright which sits in on our street, uninsured and unregistered exposing the estate to great risk if something were to happen and well just more violations of fiduciary duties and law by the Personal Representatives et al. Your cruel and unusual torture of Josh and false statements to the court regarding the car, further show your true colors and will be dealt with legally.
c) The alleged “some special arrangement” you refer to in your statement necessary to get Josh his car back from the Estate, what exactly do you mean by “special arrangement” will this involve more fraud or is it more play your way or pay extortion?
11) In response to your claim, “Candice and Eliot, we have tried every possible avenue to reach a resolution with the two of you (both through attorneys and with you directly) to alleviate your misperceptions and your misunderstandings about the reality of the financial situation. Notwithstanding that, you continue to believe that our parents were worth $40 million dollars when they were worth $4 million dollars and that mom and dad made some eternal commitment to support you and your family in perpetuity. I am sorry but that is just not the reality of this situation.”
a) Ted, this claim by you and Donald in your letters that we have evaded you is ridiculous and unsupported and another big fat lie and here is what two lawyers, Marc Garber, Esq. and Christine Yates, Esq. had to say about working with Robert and Donald,
Subject: RE: Bernstein ‐ E/O Shirley Bernstein & E/O Leon Bernstein: FW: Bernstein ‐ E/O Shirley Bernstein &
E/O Leon Bernstein: Status
Date: Thu, 13 Jun 2013 11:02:40 ‐0400
I had difficulty sleeping, as I was sorting through our conversation. What troubles me has troubled me in prior situations. Spallina is not the first "bully lawyering" situation I have seen or heard about. "If you scream loud enough and pound the table hard and often, the other side will cave". It troubles me that many times this approach works. Sometimes it becomes a fee and time matter, other situations result in the good
lawyer becoming tired of dealing with "hard headed" uncompromising opponent. I have heard some people actually seek out a bully lawyer for these reasons. The reasons include the fact that they win using this
approach. Further, and as you implied, with all the time you expended, Spallina gave us very little, in terms of everything; from documents to involvement in the administration.
It truly troubles me that Spallina continues to spin his web of deceit, and I believe this conduct is further circumstantial evidence that "something is very wrong". I am very glad Eliot filed whatever he filed and I do
hope he prevails. I also hope Spallina is removed and perhaps punished for all he is doing. It also troubles me that once he learns of your withdrawal, Spallina will celebrate his victory. If I was licensed in Florida, I would take this on pro bono. Simply out of principal, and I would make certain a probate judge learns of Spallina's behavior. Unfortunately, I am not a Florida lawyer. If Eliot is able to get his motions before a probate
judge, I hope he asks and you agree to testify as to how Spallina treated you. A judge may take real notice of that testimony.
b) Here is what Christine Yates, Esq. had to say,
From: Christine Yates [mailto:cty@TrippScott.com]
Sent: Friday, June 7, 2013 11:57 AM
To: 'Eliot Ivan Bernstein'; 'Eliot Ivan Bernstein'
Cc: Ibis A. Hernandez
Subject: Bernstein - E/O Shirley Bernstein & E/O Leon Bernstein: Status
Eliot and Candace, first I am glad that you are feeling better Eliot.
I have made no progress with Spallina in regards to obtaining documents and in my last call with him and Mark Manceri, Mr. Spalllina reiterated his position that the mortgage on the property you are currently residing in was what your father wanted, and that any information regarding the trust of your father would have to be addressed to your brother as trustee. At this time, in order to receive the information you want, I believe you will need to institute legal proceedings against the estate and trust. Since a new course of action will need to be undertaken, at this time, I will be withdrawing as counsel for your children, and believe that you should now hire separate litigation counsel for them. I will be happy to assist your new counsel in providing them with any information and thank you for the opportunity you gave me to assist you.
110 SE Sixth Street, Suite 1500
Fort Lauderdale, FL 33301
Christine T. Yates
Direct: (954) 760-4916
Fax: (954) 761-8475
c) Here is some more quotes to show just who has been evading whom,
From: Garber, Marc [mailto:Marc.Garber@flastergreenberg.com]
Sent: Tuesday, November 06, 2012 9:33 AM
To: Christine Yates
Subject: RE: Bernstein estate matter
Sent: Tuesday, November 06, 2012 9:33 AM
To: Christine Yates
Subject: RE: Bernstein estate matter
Thank you for the update. This is very disturbing. Do you think a much more aggressive approach is called for in light of Spallina’s response and the fact that he previously told Eliot that if he retains counsel Spallina will no longer help Eliot? I know for a fact that Eliot had at least two in person meetings with Spallina with his Dad and other family members and that Eliot and his wife Candice had at least three calls with Spallina since Dad died. Please advise. My concern is one of timing. Eliot told me recently that his brother David has reduced the sales price of Dad’s house considerably, and is taking a casual attitude about the art in Dad’s house, which Dad once told Eliot was worth over $5 million.
From: Christine Yates [mailto:cty@TrippScott.com]
Sent: Tuesday, November 06, 2012 5:33 AM
To: Garber, Marc
Subject: RE: Bernstein estate matter
Sent: Tuesday, November 06, 2012 5:33 AM
To: Garber, Marc
Subject: RE: Bernstein estate matter
Marc, thanks for checking in. Surprisingly, when my assistant called Mr. Spallina refused to set up a conference call indicating he did not now who Mr. Bernstein was. Therefore, I have been trying to contact him without a call. So far, no luck with reaching him. At this we are preparing a letter informing him of our represenation.
Christine T. Yates
Direct: (954) 760-4916
Fax: (954) email@example.com
d) Ted, I was on the phone with others, when Christine spoke with Robert and he had a most misogynistic attitude to her with him barking at her like she were a dog, which was reprehensible to the say the least and made me apologize to her profusely after the call, as I had never heard a man talk to a woman like that in a business setting with such disrespect, other too were horrified.
e) You are however right in your claim that we believe the estates to be worth between $40-100 Million dollars or more and disagree with your guestimate of $4 Million which we have already proven herein to be far short of reality and where Spallina initially claimed to us that he only worked on the largest estates in Boca with his Partner Donald and that Simon was one of their biggest clients. Spallina told us he was very friendly with Simon and new the worth and value of all of his holdings intimately and we should not worry he had left everyone bundles or words to that effect and it would be coming soon along with documents detailing our interests after Simon died, which to this date neither have ever come.
Now that we have exposed his crimes, he and you have suddenly changed tunes claiming there is nothing there and Simon was basically broke other than his home, which alone is valued at $4 Million. It appears that all the bundles of assets he initially claimed to be there appear to be being swindled out of the estates through these schemes described herein and in those contained in my pleadings filed with the courts. However, again, as there have been no accountings for the Estate and Trusts and no Inventories of the Trusts provided to us timely as required by Probate Rules and Statutes, well there is now absolute dispute over the value of the Estates and what the beneficiaries’ interests really are and now even who the beneficiaries are has been called into question.
Your admission that there is discrepancy in the value of the estates can now only be proven one way or another by full and formal accounting and with the crimes committed already we will be seeking full forensic accountings and forensic document verification of all the original documents in both Estates and all of this information is legally owed to my family as beneficiaries of the Estates, which again remain suppressed and denied by the alleged fiduciaries to this date. The suppression and denial of the information coupled with the Felony Criminal Acts can only lead one to believe that there is far more monies at stake here than your and Robert’s estimates and best guesses have been. It truly is fascinating that as alleged Fiduciaries, you and Robert were unsure in court as to the exact value of the Estates and you remain in your letter uncertain as to exact amounts, as you simply make guesses and do not put down factual numbers backed by anything but your belief and as I recall you did not graduate college and therefore have no degrees in business or accounting or law to make base your guestimates.
f) Contrary to your claim, Dad and Mom did make plans as best as they could with the wealth of monies they had to protect my family particularly years into the future and without interruption after their deaths and there are many witnesses to their claims of this having been done and funded, not only to me and Candice but people like Walt and many others who will come forward timely with their statements to the courts and authorities.
12) In regard to your claims, “You have alienated your entire family who may have been there to help you in the future in a time of need. You burned through two lawyers during this process, both of whom realized after a period of time that there was no pot of gold at the end of the rainbow and there has been no convincing you of these realities which inevitably requires you to provide support for your family. You pursued and caused to be arrested a paralegal that our parents loved and without ill-intent, only tried to help a situation along because of dad’s death, and it now appears that you are in the process of trying that again with my assistant who has done nothing wrong. You continue to drag Don and Robert through the mud, both of whom our parents were very fond of and who did very good work for our family, notwithstanding your relentless and slanderous accusations.”
a) First off, you have never been there for me in a time of need that I can recall and I stopped doing business with you and Pam because you burned not only me but so many of my friends and friends of the family, including many of Simon’s closet friends and business associates, all happy to come testify to this. Second, the two people in the family I cared about are deceased and you and the other children certainly did a good job alienating Shirley and Simon from your and your children’s lives over the last years of their lives and were not really there for them in the end other than with piss and vinegar. Third you are the one that stated,
From: Ted Bernstein [mailto:TBernstein@lifeinsuranceconcepts.com]
Sent: Saturday, April 07, 2012 11:45 AM
To: Eliot Ivan Bernstein
Subject: RE: passover
Although I normally do not like to have these discussions via email, it does seem important to say this in a way that is documented in the record. None of this is directed at any person, in particular, and can be shared with anyone you feel is necessary. What follows is simply intended to be a roadmap. My primary family is Deborah and our four children. They come first, before anything and anyone. The family I was born into is no longer, that is just a fact, [emphasis added] it is not a matter of opinion, it just is… It is likely that we will still have a relationship however, because we are related and we will be brought together at different times, to engage in the things that people who are related engage in weddings, bar mitzvahs, graduations, illness and death. With respect to every member of our extended family, my friends and my associates, it is important to know that I cannot be influenced to act by guilt, force, shame, punishment or withholding of love or support.
b) I think I explained above in the lawyers own words how Robert and Donald burned through legal fees through abusive and “bullying” ways with our lawyers costing me and Candice and the kids directly, just in efforts to try and get records and information legally owed to us as beneficiaries and how they wasted their time and were forcing litigation.
c) I did pursue and cause to be arrested Robert and Donald’s legal assistant and notary public Moran who COMMITTED FELONY CRIMES against Shirley’s estate by FORGING SIMON’S SIGNATURE POST MORTEM in estate documents, FORGING MY SIGNATURE and FRAUDULENTLY NOTARIZING a document in my name and even did one for you, that you seem not to care about in the least bit and in fact are enamored by their criminal acts.
I am proud and Dad and Mom would be too of my hard work and efforts that have led to Moran’s arrest, as they did not think much of criminals and make bedfellows with them like you do. What they would be suspect about is why you did not prosecute these crimes done against their Estates, in their names when you learned of this in May 2013 when I served you papers regarding these crimes that I filed in Court and where one of the FORGERIES exhibited to you was done in your name. In fact, you, Robert and Donald, who were all served the same pleadings in May 2013 failed wholly to act as required as fiduciaries when FRAUD AND FORGERY are entered into the record and all of you instead secreted, suppressed and denied the information to the authorities and courts and instead rushed to liquidate assets at fire sale prices in self-dealing transactions, before anyone caught on and prosecuted you. Really remarkable fiduciary actions to protect the Beneficiaries, especially when you knew these documents could change who the beneficiaries are and now has led to exactly that question being raised and more.
d) I am not sure how Moran helped a situation brought on by Simon’s death, unless you mean she helped close Shirley’s estate through FELONY CRIMINAL ACTS illegally and then Spallina and Tescher used her FORGED documents and OTHERS POST MORTEM to try and change the Beneficiaries, which I know Dad and Mom would be horrified if they knew this was happening. How could FORGERY and FRAUDULENT NOTARIZATIONS and FRAUDULENT ATTEMPTS TO CHANGE BENEFICIARIES be something you think your mother and father would be proud of, this really borders psychotic delusions? Mom and Dad would want Donald, Robert, you and others involved prosecuted to the fullest extent of the law for this desecration of their lives works and estates plans they paid them execute on their behalf.
e) Yes, your assistant, Baxley has now been reported for further alleged document fraud and fraudulent notarizations and more.
f) I am sure Shirley and Simon paid Donald and Robert top dollar and you think this is what they expected, FRAUD and FORGERY and all this to usurp their last wishes and desires in favor of your last wishes and desires for their estates. I beg to differ and think Shirley and Simon would be pursuing Robert and Donald to the fullest extent of the law and would be shamed by any child that did not do the right and proper and legal and ethical thing to bring their last wishes as they made them to fruition. Shirley and Simon would be further disappointed with you siding with Moran, Spallina and Tescher and failing to prosecute them for their admitted criminal acts and well I guess this is why they both died with so much disappointment in you, how shamed they would be to see you pleading for their defense for violations against them.
g) As for Donald and Robert, your close personal friends that you get lots and lots of referrals from and brought into Mom and Dad’s lives, well they are responsible for the Forgery and Fraud and all these problems and delays in attempts to change Simon and Shirley’s estate plans post mortem to benefit you and loot the Estates by thwarting the desires and wishes of Mom and Dad and know that I will see this through to the fullest extent of the law for them and all those involved in their crimes. Again I have barely started down this path. As for your assistant who has improperly notarized key documents in the Estate of Dad that appear further fraudulent and illegal, yes, I am going to have her prosecuted as well if she has done wrong. I am glad to see that in addition to your friends from Stanford Bank who you also brought into Dad’s life (and caused us to lose several million in CD monies that the estate is suing for) who were part of one of largest Ponzi’s in US history and robbed many South Florida charities as well, that your love and admiration for now arrested Forgers and Fraudsters over family is solid. I on the other see your bedfellows as a queer lot of crooks who should all be jailed. Again Shirley and Simon roll in their graves over your lack of moral fiber.
h) As for relentless and slanderous accusations I have made you can plead that to the Courts or sue me and as you or Donald’s letters did not reference any examples for me to retort to I cannot make a response to the slanderous and defamatory comment but as TRUTH is the only legal defense for slander, I stand ready to be accused and defend myself with the truth as I always do. In fact, Donald and Robert are lawyers and I wonder why they would claim I have slandered them and threaten me with action instead of just having sued me already.
13) In response to your claims, “Seriously Eliot, how many more people are you going to involve in this family matter? How much more of the estate will you waste in professional fees carrying on like this? Trying to extort money out of me with threats that you will drag my name through the mud is counter-productive, unnecessary and intentionally malicious. We will not continue to ignore these threats and the damage you are inflicting.”
a) First off I am going to involve as many people as it takes to get to the bottom of all this and get the proper beneficiaries paid and all the crimes prosecuted to the fullest extent of the law and I have just begun. I am not wasting any of the estate as explained already herein these problems have all been caused by the Fiduciaries and Counsel for the estates and they will be held liable for the damages and accountable for the damages in every way. I sure hope none of these legal costs for Robert, Donald, Manceri, Rose and others are coming from the estate coffers after learning of the crimes committed and the responsibility and liabilities directly attributable to Donald and Robert for all these costs and delays for this may impart another attempt to fraudulently bleed the estate through legal fees to your friends. Hopefully Donald and Robert have notified their liability carriers to all of this criminal activity and alleged criminal activity as required by Law. I will be pursuing them legally as I already am for each and every criminal act discovered and anyone who aided and abetted these schemes and suing them for malpractice and much more.
As for trying to extort money from you, please elaborate as I have never threatened you with anything and I am dragging your names through mud you created and there is no threat it is a fact. If you think it is extortionary in some bizarre way that the truth is coming out about your crimes you can sue me for slander as I mentioned and I stand ready to defend with truth. On the other hand I have not threatened but have legally stated in my pleadings that you, Robert and Donald are extorting my family and have evidenced such behavior for the courts and to rule on and I will be reporting this to criminal authorities shortly.
I have never threatened you with anything that was either unnecessary, intentional or with malice, I have just told the truth about what is going on and that led to your close friend Moran getting arrested and may lead to your friends you admire so much, Robert, Donald and Baxley meeting the same fate soon, if that’s what you think extortion is you need to check the definition. As for us extorting your money, how could requests for our money, NOT YOURS be extorting you for money??? Your claims are slanderous as well, as I have never threatened you or extorted you and I will consider adding those charges to my ongoing actions against you.
b) Now your statement, “We [Donald, Robert, Moran, Manceri and Baxley I presume is who the we is] will not continue to ignore these threats and the damage you are inflicting.” This sounds a lot like a threat to me to either play or pay or else.
14) In response to your claims, “As far as meeting with me, Don, Robert and Mark Manceri, we are eager to do so and have requested this of you at least a half a dozen times to no avail. We have missed no meetings, nor ignored any communications or requests by you or your attorneys as you suggest. We have repeatedly asked to meet both informally and formally through mediation and your only response has been to do it by Skype for fear that we might cause you harm, a fear which is both groundless and unsubstantiated. We will meet with you wherever you request. Can we schedule something for next week?”
a) Please reply with any proof that you, Robert, Donald and Manceri have tried to schedule any meetings with me a half dozen times that I missed and explain why they were to no avail. Did you speak to anyone or leave messages or anything?
b) From Christine Yates, Esq.’s letter I cited herein already you can see Robert, Donald and Manceri gave her the run around in just trying to get documents owed to the beneficiaries and ran up huge bills in the process. At first when she contacted them, Spallina claimed he did not know me or anything about Simon’s Estate, this months after Simon died and we had already had several hostile meetings when I requested documents and then Robert evaded her further making her make several written and oral requests to get a meeting and ultimately get some piecemeal documents. You can see from Christine Yates and Marc Garber’s letter exchange who is acting like a bully and needs sanctioning for their actions.
c) I have never refused a meeting or failed to respond to any correspondence from you, I have just refused to sit down with you to meet on your terms when everything that needs to be done can be done via a phone or Skype meeting. I have stated that I would meet you in person in Sheriff’s department if it needed to be face to face, we have had enough abuse from you at the prior meetings to not subject ourselves to that again without witnesses.
d) Ted, your letter written Dec 06, 2013 claims you want to meet next week or whenever we request and since that day we have made several call and repeatedly emailed you to schedule a meeting to discuss the EMERGENCY INTERIM DISTRIBUTIONS and more, as our kids are starving and bills are unpaid from this sneak attack and we have not heard back from you, Robert or Manceri. We did not hear back on scheduling the meeting or get replies on our marked URGENT emails until yesterday, December 26, 2013 in a letter very similar to your December 06, 2013 letter and no times to meet or answers to our questions were included, just an attempt to paint another wholly false record, fraught with more lies and deceit and threats and intimidation, which we are now accustomed to when dealing with you, Robert and Donald.
We sent and copied all of you in emails and you evaded every one of them for three weeks now, each asking to schedule a meeting which was requested by you. Evading repeated calls by Candice to Ted to schedule a meeting we have documented our attempts to prove your evasiveness. So contrary to your delusional statements in your letters, I beg you to prove that I have done anything ever to evade having a meeting with you. This rouse that I am evading you is especially troubling in that you, Robert, Donald and Manceri know of the urgency to release the funds for FOOD and other necessary medical supplies and more and are leveraging the pain you are inflicting on us through delays in attempts to make us play or pay and this intentional refusal of you to schedule a meeting for three weeks knowing of the emergencies you have created and the pain it is causing is again delusional. This twisting of events and factual reality you and Donald do now to try and make it look like we have avoided in any way meeting was another nice attempt to paint a false record of the facts.
e) I have not been asked to attend any mediation scheduled in the courts and when one is I will be there, I did when requested for settlement terms by our former counsel, give them an offer to take to you that you rejected.
15) In response to your claims, “Please advise as we have no intentions of being bullied by either of you any longer. I hope we can put all of this behind us and carry on with our lives as you are wasting our valuable time and resources, defaming us and leaving a wake of nastiness behind that cannot be undone. Mom and dad do not deserve to have you make a mockery of their lives and estates. They did so much for you and your family. What a shame. Ted”
a) First, you are bullying and extorting us and our counsels as their letter indicates and your threat that “we have no intentions of being bullied by either of you any longer” is part of the reason we do not want to meet face to face other than in court proceedings or in a police department with you regarding these matters because we have no idea what your intentions are to stop our alleged bullying of you. Further, because we think you are delusional we, especially Candice, does not feel safe around you and we think and have alleged that you have done some pretty serious criminal acts and Candice fears that you will try to hurt me before you are arrested for the criminal acts you are involved in with your close personal friends and business associates Robert and Donald et al.
b) You and Pamela mainly have made a mockery of Dad and Mom’s lives and your own from these actions you and your friends have caused, not I. I am just bringing the criminal acts to light with the courts and with criminal authorities and I merely am making sworn statements filled with the truth of your actions, not any threats or bullying as you call it.
c) If we are shamed in your eyes by my efforts to do what Shirley and Simon’s last wishes were and not your last wishes for them, which benefit you directly and you are further shamed by my bringing the truth to these matters out and having your friends who did these criminal acts against your parents estates and their beneficiaries to justice, well I welcome your interpretation of shame, which like your definition of extortion is other worldly.
16) Donald in retort to your defamatory, slanderous and threatening letter to my wife Candice on her cell phone, which I have attached herein, I believe I have answered most of your false and defamatory statements herein already by answering Ted’s similar claims. As for your claims that you are ready and willing to meet, well as you can see from the emails below, we have offered to meet several times in writing and phone messages with Ted that were copied to you and Robert and NO REPLIES, making your claims further delusional.
I understand with your law firm at risk now and the possibility of jail for you, Robert and Ted for your crimes you are desperate to churn events to make them look like we are the bad guys and you ride a white horse of innocence but all the FACTUAL REALITIES prove the opposite.
As for our car issue, the expenses of our car that gets our children to school and doctors and more would have been paid in full if you had not caused all these delays in our inheritances from your criminal acts and neglect and as an alleged fiduciary who caused all this you would think you would pay personally for all these expenses and damages and I will pursue you civilly for all this for the rest of your lives.
In fact, nowhere in your letter do I see an apology from you, Robert or Moran for these crimes committed in my father and my names and all these damages you have caused and that is I fear due to your lack of conscience and detachment from reality since your schemes have been exposed. I am sure my father and mother would be ashamed of you and Robert and how you have disgraced your profession that my Dad was very proud he was a part of and took great care for all of his clients estates with the love he blessed me with as well, I know he would sue you for his monies swindled back and so his legacy lives on through me.
Next time you want to sell your pack of lies in a letter to my wife only and accuse me of slander, defamation and all that, why don’t you stop the threats and file a lawsuit with your distorted version of the truth, I eagerly await service. Further, why don’t you just respond to my Petitions and Motions filed since May 2013 against you in the courts with any defenses and counter complaints instead of hiding from them in toto?
a) In closing please call Candice whenever you want to schedule a phone or Skype meeting and in the interim please send over all of the requested information we have asked for in countless emails over the year and contained within our pleadings as legally owed to me and my children as beneficiaries so we can have something to realistic to talk about instead of your best guesses and estimates and well, bullshit.
b) Your and Ted’s letters reveal your hostilities towards us and in the event you were asleep during the ethics classes in law school this is also known as ADVERSE INTERESTS and well you know that means you should resign all fiduciary roles and representations of any parties as counsel and well lawyer up (not on the Estates dollars) as you are accused, not threatened, with some very serious FELONY crimes by me.
c) There are several unanswered emails attached below that would be a good place for you to start in answering all the question posed therein that you have failed to reply to for months and then you can get to all the requests that were sent over the last year that you have failed to tender a response to and our meeting will be more productive this way.
d) Have you reported all this to your carriers as you are aware of the reporting criteria and as you are factually liable for at minimum the acts of your notary Moran I would presume you have complied? Please in your response include all carrier information so as we can ascertain if you are following statutes in reporting, for again, for the life of me I can understand how they are letting you write your defamatory and insulting wholly fictitious letter to my wife and allowing you to act in any capacity in matters you are being accused formally of criminal acts in.
In closing, currently for reimbursements for food and medical supplies and home supplies etc., we are owed:
For three months of previously unpaid reimbursements 26,093.44
For Legal Fees we have incurred to date to uncover the crimes 31,766.37
Volvo Service to Get our Car Out ASAP 3,400.00
Loan 1 5,000.00
Loan 2 4,000.00
Loan 3 600.00
Loan 4 500.00
Loan 5 500.00
Loan 6 1500.00
Loan 7 400.00
Total Owed $73,400.00
Please make payment promptly as you are causing damages to three minor children and Candice and I from your continued delays. The total does not include the current bills owed that you are paying selectively without notice or accountings sent to us for the last three months. I will send you all an updated copy of new bills and reimbursement around the first of the month as we always do with BFR. The loans listed have been from friends supporting us while we are starved by you as best they can. As the kids or I have millions of dollars coming to us through our inheritances and now possibly from malpractice lawsuits and more against the perpetrators of the criminal acts who have already caused massive damages we feel that there are more than sufficient funds already in the Trusts to pay these expenses and the monthly expenses without interruption or your discretion and beliefs about them until all these matters are resolved and final distributions made to the proper TDB Beneficiaries.
Robert, Donald and Ted, all of these egregious bad faith acts and crimes in the Estates of our parents chills one to the bones and violates Probate Rules, Attorney Conduct Codes, Statutes and Morals and one asks WHY, WHY, WHY??? Why are so many bad faith acts occurring, including Forgery, Fraudulent Notarizations and other Frauds, if there was nothing in the Estates of any value as you, Robert and Donald in your letters try to convince us to believe? Of course, you try and convince us without putting down any of the information necessary to prove your ridiculous claims. If there is nothing to hide why all of hiding and TOTAL lack of transparency regarding the worth of the Estates and Trusts, in mass violation of Probate Rules and Statutes? WHY WHY WHY??? Why would Moran admit Forging documents and Fraudulently Notarizing documents, including one Post Mortem for Simon and risk everything, including Robert and Donald’s law firm to do so? WHY WHY WHY???
We all know Robert and Donald supervised Moran and oversaw her actions and either way are wholly liable for her acts as notary under FL law, so why did they commit these crimes when all they had to do was notify the Court that Simon had died, elect successors and correct the “irregularities” and receive an order from the judge acknowledging the defects and move on? WHY WHY WHY??? Please note that we have found perjurious statements in Moran’s sworn statements to two different investigatory agencies that we are in the process of formulating complaints for and seeking deeper investigations and this begets the question of why LIE and PERJURE oneself other than there is more to the story than her bogus confessions.
Again we ask WHY lie? WHY WHY WHY??? Why would Robert and Donald further perpetrate fraud on the court and use Simon in a macabre and illegal way after his death to close Shirley’s estate as if he were alive and his and Donald’s reputations and careers? WHY WHY WHY? Why would Robert and you file in a knowingly improper way insurance claims and federal lawsuits under false fiduciary titles? WHY WHY WHY??? Why would documents be suppressed and denied in opposite of Probate Rules and Statutes if there was nothing to hide? WHY WHY WHY???
My decision to get the Beneficiaries correct and total worth correct before taking any final distributions is called integrity and I am proud of that trait passed by my father and mother to me. While on the bitter other hand our integrity will now cause my children and I to suffer from you, Robert and Donald’s unclean hands and continued bad faith egregious acts, including causing loss of food supplies, school needs, medical supplies, for those nephews you claim to love who do not hardly know you but at least through these times we will be able to hold our heads high each day and be proud that we will only see the wishes and desires and intents of Shirley and Simon carried through legally and will maintain our moral compasses. I am sure you cannot understand what I am saying, not because it is not crystal clear but from your own behavior that disgraces the good name of Shirley and Simon who gave you the world and more.
I really can’t believe you are doing this after all I tried to do to have Simon change things and resolve your disputes with him and was willing to sacrifice for your children my inheritance and it just hurts to the bone to think you would turn around and do this to my family when things did not work out your way and Dad did not bend to your will and threats. It was not I that did not include you in the Estates and Trusts and I am sorry Dad never legally made changes while he was alive as was proposed. I only tried to help you and Pam, I sure wish you would have lived up to your end of the bargain and stopped the abuse of Dad and Maritza after the May 2012 meeting that lasted until the day he died but that was your own doing. The sad fact is that Dad died not seeing his grandchildren from four of five of his children and seven of ten of his grandchildren in the last TWO years of his life, which was horrific to watch and I truly did everything in my power to stop it.
Anyhow, you suck for all this damage and pain you are causing and all these bad faith acts with unclean hands you have done to my family already and the desecration of the loving memories and good names of Mom and Dad. I pity you and your close personal and business friends, Donald and Robert’s souls for what you have all done. Donald, your letter is just a joke right? Do you really think anything you or Robert say or do in these matters forward can be trusted after the criminal acts that have been admitted to and proven thus far in my parents estates at your hands and under your care that have caused all this tragedy to occur? I do however like how you try to spin it on me in a last ditch effort to hope I play in your extortion scheme to stop prosecuting you to the fullest extent of the laws for each and every crime alleged.
My father was a very smart man and I think he was weary of Donald and Robert’s relationship with Ted at the end, afraid of what they were trying to force and coerce him to do against his will to change his and Shirley’s beneficiaries and he may have taken very carefully planned steps with many people to make sure any attempts to alter his established estate plans by any of you would be thwarted at every step and I think now you are starting to see how that may pan out for you.
MOTIONS AND PETITIONS FILED BY PETITIONER
i. That on May 6, 2013 Petitioner filed an “EMERGENCY PETITION TO: FREEZE ESTATE ASSETS, APPOINT NEW PERSONAL REPRESENTATIVES, INVESTIGATE FORGED AND FRAUDULENT DOCUMENTS SUBMITTED TO THIS COURT AND OTHER INTERESTED PARTIES, RESCIND SIGNATURE OF ELIOT BERNSTEIN IN ESTATE OF SIMON/SHIRLEY BERNSTEIN AND MORE.” Filed in both estates.
• www.iviewit.tv/20130506PetitionFreezeEstates.pdf ( 15th Judicial Florida Probate Court ) and
• www.iviewit.tv/20130512MotionRehearReopenObstruction.pdf ( US District Court Southern District of New York, Most Honorable Shira A. Scheindlin. Pages 156-582 reference estate matters in Simon and Shirley as it relates to RICO allegations.)
ii. That on May 29, 2013, Petitioner filed a “RENEWED EMERGENCY PETITION” in the estates of Shirley and Simon.
iii. That on June 26, 2013, Docket #39 Petitioner filed in both estates a “MOTION TO: CONSIDER IN ORDINARY COURSE THE EMERGENCY PETITION TO FREEZE ESTATE ASSETS, APPOINT NEW PERSONAL REPRESENTATIVES, INVESTIGATE FORGED AND FRAUDULENT DOCUMENTS SUBMITTED TO THIS COURT AND OTHER INTERESTED PARTIES, RESCIND SIGNATURE OF ELIOT BERNSTEIN IN ESTATE OF SHIRLEY BERNSTEIN AND MORE FILED BY PETITIONER.”
iv. That on July 15, 2013, Petitioner filed a “MOTION TO RESPOND TO THE PETITIONS BY THE RESPONDENTS” in both estates.
v. That on July 24, 2013, Petitioner filed a “MOTION TO REMOVE PERSONAL REPRESENTATIVES” for insurance fraud and more in both estates.
vi. That on August 28, 2013, Petitioner filed a “NOTICE OF MOTION FOR: INTERIM DISTRIBUTION FOR BENEFICIARIES NECESSARY LIVING EXPENSES, FAMILY ALLOWANCE, LEGAL COUNSEL EXPENSES TO BE PAID BY PERSONAL REPRESENTATIVES AND REIMBURSEMENT TO BENEFICIARIES SCHOOL TRUST FUNDS” in both estates.
vii. That on September 04, 2013, ELIOT filed Docket #TBD, in the estate of Simon, a “NOTICE OF EMERGENCY MOTION TO FREEZE ESTATES OF SIMON BERNSTEIN DUE TO ADMITTED AND ACKNOWLEDGED NOTARY PUBLIC FORGERY, FRAUD AND MORE BY THE LAW FIRM OF TESCHER & SPALLINA, P.A., ROBERT SPALLINA AND DONALD TESCHER ACTING AS ALLEGED PERSONAL REPRESENTATIVES AND THEIR LEGAL ASSISTANT AND NOTARY PUBLIC, KIMBERLY MORAN: MOTION FOR INTERIM DISTRIBUTION DUE TO EXTORTION BY ALLEGED PERSONAL REPRESENTATIVES AND OTHERS; MOTION TO STRIKE THE MOTION OF SPALLINA TO REOPEN THE ESTATE OF SHIRLEY; CONTINUED MOTION FOR REMOVAL OF ALLEGED PERSONAL REPRESENTATIVES AND ALLEGED SUCCESSOR TRUSTEE.” Hereby incorporated by reference in entirety herein.
viii. That on September 21, 2013 Petitioner filed in the IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT COURT ILLINOIS EASTERN DIVISION, Case No.. 13-cv-03643, an Answer and Cross Claim titled “ELIOT IVAN BERNSTEIN ("ELIOT") (1) ANSWER TO JACKSON NATIONAL LIFE INSURANCE COMPANY ("JACKSON") ANSWER AND COUNTER-CLAIM AND THIRD-PARTY COMPLAINT FOR INTERPLEADER AND (2) CROSS CLAIM.”
ix. That on October 10, 2013 Petitioner filed in Shirley’s estate case Motions titled,
(I) MOTION TO ORDER ALL DOCUMENTS BOTH CERTIFIED AND VERIFIED REGARDING ESTATES OF SHIRLEY AND SIMON (SIMON’S DOCUMENT ARE REQUESTED AS IT RELATES TO SHIRLEY’S ALLEGED CHANGES IN BENEFICIARIES) BE SENT TO ELIOT AND HIS CHILDREN IMMEDIATELY IN PREPARATION FOR THE EVIDENTIARY HEARING ORDERED BY THIS COURT
(II) MOTION TO FOLLOW UP ON SEPTEMBER 13, 2013 HEARING AND CLARIFY AND SET STRAIGHT THE RECORD
(III) MOTION TO COMPEL FOR IMMEDIATE, EMERGENCY RELIEF!!!, INTERIM DISTRIBUTIONS AND FAMILY ALLOWANCE FOR ELIOT, CANDICE & THEIR THREE MINOR CHILDREN DUE TO ADMITTED AND ACKNOWLEDGED FRAUD BY FIDUCIARIES OF THE ESTATE OF SHIRLEY AND ALLEGED CONTINUED EXTORTION
(IV) MOTION TO CORRECT AND DETERMINE THE BENEFICIARIES OF THE ESTATE BASED ON PRIOR CLOSING OF THE ESTATE THROUGH FRAUD ON THE COURT BY USING FRAUDULENT DOCUMENTS SIGNED BY SIMON WHILE HE WAS DEAD AND POSITED BY SIMON IN THIS COURT WHEN HE WAS DEAD AS PART OF A LARGER FRAUD ON THE ESTATE BENEFICIARIES
(V) MOTION TO ASSIGN NEW PERSONAL REPRESENTATIVES AND ESTATE COUNSEL TO THE ESTATE OF SHIRLEY FOR BREACHES OF FIDUCIARY DUTIES AND TRUST, VIOLATIONS OF PROFESSIONAL ETHICS, VIOLATIONS OF LAW, INCLUDING BUT NOT LIMITED TO ADMITTED AND ACKNOWLEDGED FRAUD, ADMITTED AND ACKNOWLEDGED FRAUD ON THE COURT, ALLEGED FORGERY, INSURANCE FRAUD, REAL PROPERTY FRAUD AND MORE
(VI) MOTION FOR GUARDIAN AD LITUM FOR THE CHILDREN OF TED, P. SIMON, IANTONI AND FRIEDSTEIN AND ASSIGN A TRUSTEE AD LITUM FOR TED FOR CONFLICTS OF INTEREST, CONVERSION AND MORE
(VII) MOTION TO RECONSIDER AND RESCIND ORDER ISSUED BY THIS COURT “ORDER ON NOTICE OF EMERGENCY MOTION TO FREEZE ASSETS” ON SEPTEMBER 24TH FOR ERRORS AND MORE AND
(VIII) MOTION TO RECONSIDER AND RESCIND ORDER ISSUED BY THIS COURT “AGREED ORDER TO REOPEN THE ESTATE AND APPOINT SUCCESSOR PERSONAL REPRESENTATIVES” ON SEPTEMBER 24TH FOR ERRORS AND MORE
x. That on October 10, 2013 Petitioner filed in Simon’s estate, a “PETITION TO DETERMINE AND RELEASE TITLE OF EXEMPT PROPERTY.”
xi. That on December 08, 2013 Petitioner filed in the IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT COURT ILLINOIS EASTERN DIVISION, Case No.. 13-cv-03643, a motion titled, “(1) MOTION TO STRIKE PLEADINGS AND REMOVE ADAM SIMON FROM LEGAL REPRESENTATION IN THIS LAWSUIT OTHER THAN AS DEFENDANT FOR FRAUD ON THE COURT AND ABUSE OF PROCESS AND (2) MOTION TO REMOVE ADAM SIMON FROM LEGAL REPRESENTATION ON BEHALF OF ANY PARTIES IN THIS LAWSUIT OTHER THAN AS A DEFENDANT PRO SE or REPRESENTED BY INDEPENDENT NON-CONFLICTED COUNSEL.”
xii. That on December 10, 2013 Petitioner filed in the estate of Shirley, an Objection titled “BENEFICIARY AND INTERESTED PARTY ELIOT BERNSTEIN OBJECTIONS TO SUCCESSOR PERSONAL REPRESENTATIVE' S OBJECTIONS TO FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS PROPOUNDED BY ELIOT BERNSTEIN”
xiii. That on December 10, 2013 Petitioner filed in the estate of Shirley, a “MOTION TO TAX ATTORNEY' S FEES AND COSTS AND IMPOSE SANCTIONS.”
xiv. That on December 17, 2013 Petitioner filed in the estate of Simon, a “OBJECTION TO MOTION TO STRIKE PETITION TO DETERMINE AND RELEASE TITLE OF EXEMPT PROPERTY”
New publications regarding the Iviewit/Eliot Bernstein RICO and legally related cases.
i. That on Friday, January 25, 2013, ECC released the RIVITING STORY,
“FORMER INSIDER ADMITS TO ILLEGAL WIRETAPS FOR NYS ‘ETHICS BOSSES’”
ii. That on Sunday, February 10, 2013, ECC released the story,
“UPDATE ON ATTORNEY "ETHICS" COMMITTEES' ILLEGAL WIRETAPS FORMER INSIDER ADMITS TO ILLEGAL WIRETAPS FOR "ETHICS" BOSSES.”
iii. That on Friday February 15, 2013, ECC released the SHOCKING following two stories,
“JUDGES WERE ILLEGALLY WIRETAPPED, SAYS INSIDER”
iv. That on Friday February 15, 2013, ECC released the story,
“NY GOVERNOR ANDREW CUOMO ASKED TO SHUT DOWN JUDICIAL "ETHICS" OFFICES.”
v. That on Friday, February 15, 2013, ECC released the story,
“SEE THE LETTER TO NEW YORK GOVERNOR ANDREW CUOMO RE: WIRETAPPING JUDGES…CLICK HERE TO SEE THE LETTER, AT
vi. That on Tuesday, February 19, 2013, ECC released the story,
“ETHICSGATE UPDATE FAXED TO EVERY U.S. SENATOR WWW.ETHICSGATE.COM “THE ULTIMATE VIOLATION OF TRUST IS THE CORRUPTION OF ETHICS OVERSIGHT” EXCLUSIVE UPDATE:
vii. That on Thursday, February 28, 2013, ECC released the story,
“NEW YORK SENATORS ASKED TO APPOINT ETHICS CORRUPTION LIAISON…EVERY NEW YORK STATE SENATOR HAS BEEN REQUESTED TO APPOINT AN "ETHICS CORRUPTION LIAISON" SO THAT TIMELY INFORMATION IN THE EVER-GROWING SCANDAL INSIDE NEW YORK'S SO-CALLED "ETHICS" ENTITIES MAY BE PROVIDED TO EACH STATE SENATOR.
viii. That on Wednesday April 03, 2013, ECC released the story,
FORMAL COMPLAINT FILED AGAINST NYS EMPLOYEES FOR ILLEGAL WIRETAPPING...THE WIDESPREAD ILLEGAL WIRETAPPING INCLUDED TARGETED NEW YORK STATE JUDGES AND ATTORNEYS.....
Excerpts from that story
P.O. Box 3493
New York, New York 10163
via facsimile # 202-514-6588
April 3, 2013
Robert Moossy, Jr., Section Chief Criminal Section, Civil Rights Division
US Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C. 20530
RE: FORMAL COMPLAINT AGAINST NEW YORK STATE EMPLOYEES INVOLVING CONSTITUTIONAL VIOLATIONS, INCLUDING WIDESPREAD ILLEGAL WIRETAPPING
Dear Mr. Moossy,
In researching and reporting on various acts of corruption in and about the New York State Court System, specific reviewed evidence supports allegations that over a ten-year-plus period of time, certain NYS employees participated in the widespread practice of illegal wiretapping, inter alia. As these individuals were in supervisory positions at “ethics oversight” committees, the illegal wiretapping largely concerned attorneys and judges, but their actions also targeted other individuals who had some type of dealings with those judicial and attorney “ethics” committees.
The NY state-employed individuals herein complained of include New York State admitted attorneys Thomas Joseph Cahill, Alan Wayne Friedberg, Sherry Kruger Cohen, David Spokony and Naomi Freyda Goldstein.
At some point in time shortly after 9/11, and by methods not addressed here, these individuals improperly utilized access to, and devices of, the lawful operations of the Joint Terrorism Task Force (the “JTTF”). These individuals completely violated the provisions of FISA, ECPA and the Patriot Act for their own personal and political agendas. Specifically, these NY state employees essentially commenced “black bag operations,” including illegal wiretapping, against whomever they chose- and without legitimate or lawful purpose.
To be clear, any lawful act involving the important work of the JTTF is to be applauded. The herein complaint simply addresses the unlawful access- and use- of JTTF related operations for the personal and political whims of those who improperly acted under the color of law. Indeed, illegally utilizing JTTF resources is not only illegal, it is a complete insult to those involved in such important work.
In fact, hard-working and good-intentioned prosecutors and investigators (federal and state) are also victims here, as they were guided and primed with knowingly false information.
Operations involving lawful activity- and especially as part of the important work of the JTTF and related agencies- are not at issue here. This complaint concerns the illegal use and abuse of such lawful operations for personal and political gain, and all such activity while acting under the color of law. This un-checked access to highly-skilled operatives found undeserving protection for some connected wrong-doers, and the complete destruction of others- on a whim, including the pre-prosecution priming of falsehoods (“set-ups”). The aftermath of such abuse for such an extended period of time is staggering.
It is believed that most of the 1.5 million-plus items in evidence now under seal in Federal District Court for the Eastern District of New York, case #09cr405 (EDNY) supports the fact, over a ten-year-plus period of time, of the illegal wiretapping of New York State judges, attorneys, and related targets, as directed by state employees.
To be sure, the defendant in #09cr405, Frederick Celani, is a felon who is now regarded by many as a conman. Notwithstanding the individual (Celani), the evidence is clear that Celani once supervised lawful “black bag operations,” and, further, that certain NYS employees illegally utilized access to such operations for their own illegal purposes. (Simple reference is made to another felon, the respected former Chief Judge of the New York State Court of Appeals, Sol Wachtler, who many believe was victimized by political pre-priming prosecution.)
In early February, 2013, I personally reviewed, by appropriate FOIL request to a NYS Court Administrative Agency, over 1000 documents related to the herein complaint. Those documents, and other evidence, fully support Celani’s claim of his once-lawful supervisory role in such JTTF operations, and his extended involvement with those herein named. (The names of specific targeted judges and attorneys are available.)
One sworn affidavit, by an attorney, confirms the various illegal activity of Manhattan’s attorney “ethics” committee, the Departmental Disciplinary Committee (the “DDC”), which includes allowing cover law firm operations to engage in the practice of law without a law license. Specifically, evidence (attorney affidavits, etc.) supports the claim that Naomi Goldstein, and other DDC employees supervised the protection of the unlicensed practice of law. The evidence also shows that Ms. Goldstein knowingly permitted the unlicensed practice of law, over a five-year-plus period of time, for the purpose of gaining access to, and information from, hundreds of litigants
Evidence also supports the widespread illegal use of “black bag operations” by the NYS employees for a wide-range of objectives: to target or protect a certain judge or attorney, to set-up anyone who had been deemed to be a target, or to simply achieve a certain goal. The illegal activity is believed to not only have involved attorneys and judges throughout all of the New York State, including all 4 court-designated ethics “departments,” but also in matters beyond the borders of New York.
Other evidence points to varying and widespread illegal activity, and knowledge of such activity, by these and other NYS employees --- all of startling proportions.
The “set-up” of numerous individuals for an alleged plot to bomb a Riverdale, NY Synagogue. These individuals are currently incarcerated. The trial judge, U.S. District Court Judge Colleen McMahon, who publicly expressed concerns over the case, saying, “I have never heard anything like the facts of this case. I don’t think any other judge has ever heard anything like the facts of this case.” (2nd Circuit 11cr2763)
The concerted effort to fix numerous cases where confirmed associates of organized crime had made physical threats upon litigants and/or witnesses, and/or had financial interests in the outcome of certain court cases.
The judicial and attorney protection/operations, to gain control, of the $250 million-plus Thomas Carvel estate matters, and the pre-prosecution priming of the $150 million-plus Brooke Astor estate.
The thwarting of new evidence involving a mid 1990‘s “set-up” of an individual, who spent over 4 years in prison because he would not remain silent about evidence he had involving financial irregularities and child molestation by a CEO of a prominent Westchester, NY non-profit organization. (Hon. John F. Keenan)
The wire-tapping and ISP capture, etc., of DDC attorney, Christine C. Anderson, who had filed a lawsuit after being assaulted by a supervisor, Sherry Cohen, and after complaining that certain evidence in ethics case files had been improperly destroyed. (See SDNY case #07cv9599 - Hon. Shira A. Scheindlin, U.S.D.J.)
The eToys litigation and bankruptcy, and associates of Marc Dreir, involving over $500 million and the protection by the DDC of certain attorneys, one who was found to have lied to a federal judge over 15 times.
The “set-up” and “chilling” of effective legal counsel of a disabled woman by a powerful CEO and his law firms, resulting in her having no contact with her children for over 6 years.
The wrongful detention for 4 years, prompted by influential NY law firms, of an early whistleblower of the massive Wall Street financial irregularities involving Bear Sterns and where protected attorney-client conversations were recorded and distributed.
The blocking of attorney accountability in the $1.25 billion Swiss Bank Holocaust Survivor settlement where one involved NY admitted attorney was ultimately disbarred- in New Jersey. Only then, and after 10 years, did the DDC follow with disbarment. (Gizella Weisshaus v. Fagan)
Additional information will be posted on www.Reform2013.com
The allegations of widespread wiretapping by New York’s so-called “ethics” committees were relayed to New York Governor Andrew M. Cuomo on February 15, 2013, and to the DDC Chairman Mr. Roy R. L. Reardon, Esq., who confirmed, on March 27, 2013, his knowledge of the allegations. (Previously, on March 25, 2013, I had written to DDC Deputy Chief Counsel Naomi Goldstein, copying Mr. Reardon, of my hope that she would simply tell the truth about the improper activity, inter alia.)
New York judges and lawyers, and obviously the public, deserve immediate action to address the widespread corruption in and about New York’s so-called “ethics” oversight entities.
Please take immediate action regarding this troubling issue, and so as to continue the DOJ’s efforts to help all New Yorkers restore their faith in their government.
U.S. Attorney Loretta E. Lynch via facsimile 718-254-6479 and 631-715-7922
U.S. DOJ Civil Rights Section via facsimile 202-307-1379, 202-514-0212
The Hon. Arthur D. Spatt, via facsimile 631-712-5626
The Hon. Colleen McMahon via facsimile 212-805-6326
Hon. Shira A. Scheindlin via facsimile 212-805-7920
Assistant U.S. Attorney Demetri Jones via facsimile 631-715-7922
Assistant U.S. Attorney Perry Carbone via facsimile 914-993-1980
Assistant U.S. Attorney Brendan McGuire via 212-637-2615 and 212-637-0016
FBI SSA Robert Hennigan via facsimile 212-384-4073 and 212-384-4074
Pending SEC Chair Mary Jo White via facsimile 212-909-6836
Posted by Corrupt Courts Administrator at 2:11 PM"