Janet and Theodore,
Janet, it is certainly nice to learn after four months of requesting in writing who the Manager of BFR is, you have finally replied to Walt Sahm regarding the fact that you never transferred the title of Manager to Theodore Bernstein despite what you have led mortgage holders, vendors and others to believe. I am not sure why you have not responded to my repeated requests to you over the months about this and have let everyone think you were no longer Manager but that is more of the pathetic trusteeship of willful, wanton, reckless, grossly negligent and alleged illegal fiduciary service provided thus far to my family.
It is interesting to note that you claim to Walt that my children’s SCHOOL trust funds were paying the household bills of BFR that BFR was to be paying but you left out the part where you were directed by Robert Spallina, Esq. to misuse those funds, instead of having funds transferred from the estates to BFR to pay the bills. Further, you claim the shares of LIC Holding are nominal to Walt and I have asked repeatedly what the value of those are and for the corporate information regarding those shares and you have refused and failed to respond to those requests legally owed to my family as shareholders and that you have obligations to inform us of. Further, how did you determine the value of the nominal shares of LIC Holdings or have you?
Now this is where your letter to Walt attached below gets interesting. First off who is the “we” in “we were told” and by whom told you this information that Theodore would take over as Manager and under what authority did they have to tell you that and you to follow those orders.
Did you follow the operating agreement or just follow orders from an unknown at this point when attempting to transfer the title? Once you realized over four months ago that Theodore did not return the paperwork to assume title as Manager of BFR what did you do to notify the Members of the LLC of your failed transfer and more importantly under what authority and rights did you transfer HIGHLY PRIVATE AND CONFIDENTIAL INFORMATION to Theodore, which you have done twice in the past, despite repeated requests to NOT transfer any information to Theodore or his wife Deborah, when you knew I was pursuing Theodore and his close personal friends and bedfellows Tescher & Spallina in civil and criminal matters.
This Willful, Wanton, Reckless and Grossly Negligent behavior of as a fiduciary has put my family, including three minor children in grave danger since you stated emphatically that you had transferred the title to Theodore, not that you had sent him paperwork praying he would return it signed and relieve you of the massive liabilities you have caused and misleading vendors to the property exposed to massive liabilities.
From: Craig, Janet [mailto:Janet.Craig@opco.com]
Sent: Wednesday, August 28, 2013 11:28 AM
To: 'Eliot Ivan Bernstein (firstname.lastname@example.org)'; 'Candice Bernstein (email@example.com)'
Cc: 'Robert Spallina (firstname.lastname@example.org)'; 'Ted Bernstein (email@example.com)'
Subject: Bernstein Trust Terminations
Dear Eliot and Candice,
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.
The enclosed accountings for each trust cover the period of September 20, 2010 (our inception date) through August 26, 2013. We have also enclosed an Asset Detail showing the current market values and a Receipt, Release and Refunding Agreement for each of the accounts for your signatures. Please review all the documents carefully and contact me if you have any questions. Once your review is completed, please sign one copy of the Receipt, Release and Refunding Agreement before a Notary Public and return it to me at the address below. A second copy should be retained for your records.
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
What is more disturbing is that as utilities like home security, phones, internet, the homeowners policy, liability coverage all lapsing and being terminated for non-payment and Theodore was denying his involvement to these vendors, which you were copied on all the emails to and fro the vendors and yet you never once thought to interject to everyone your continued role as Manager, playing all these people and leading everyone to believe that you had transferred Title.
Now, months later and only after Walt Sahm contacted you directly about the risk you put his mortgage with no notice you were lapsing the policy to him do you retract your prior claims that you are no longer Manager, after causing all these damages.
Further, when Spallina retracted his promise to refund those children’s SCHOOL trusts he directed you to misuse under no known authority did you do anything as an advocate and fiduciary to protect the children you are responsible for in these matters? The next question that you have avoided the answer repeatedly to, is how in fact you became Manager of BFR when the Operating Agreement calls for a vote by the Members, my three sons, when my father died, as I do not recall being notified or having any rights to refute your hijacking of that title in complete disregard for the Operating Agreement, which appears to make every single action you took a possible criminal action?
Please elaborate on in your response on who and how appointed you, as you have a duty to inform me, as my children’s Guardian, of just how all of this happened to anoint you to Manager and who authorized it and under what authority.
Your next statement to Mr. Sahm seems almost insane as it attempts to twist matters and make it look like I have somehow interfered with you as Manager of BFR in fulfilling your fiduciary obligations to Walt claiming,
“Oppenheimer Trust Company of Delaware is attempting to close these accounts and distribute the remaining assets, however Eliot and Candice Bernstein have refused to return the Releases sent to them last August. As such we remain Manager but we have no assets with which to assist the Bernsteins.”
The trusts you are referring to have nothing to with your role as Manager of BFR or obligations under BFR and were never intended by my parents or myself to be used to pay the BFR bills and you appear to have again been directed by Spallina in the misuse of those funds, again, Spallina who has no authority or involvement allowing him to direct anything relating to BFR or my family’s prefunded School trust funds.
As you will remember, Mr. Spallina transferred the BFR accounts to you after the BFR accounts were frozen by Legacy Bank after they discovered that my father’s accounts were being used months after his death by unauthorized parties.
Despite repeated requests I have still never received the accountings of what was in the Legacy accounts at the time of my father’s death and prior to that time when the account was illegally being accessed and only was told allegedly what was left when Legacy froze the accounts by you and Spallina and therefore I remain unclear as to how much was used in those months after my father was deceased by unauthorized parties.
Did you ever get the full Legacy bank statements for the account that transferred to your care, as again, repeated requests for this information has been denied to me again and again. Your statement above appears to try and blame me for not releasing you as Trustee of my children’s SCHOOL trusts for your failures as a fiduciary of BFR. These two items are wholly separate matters and the school trust funds have really nothing to do with what Walt was asking regarding your role as Manager of BFR. It appears you are misleading Walt to believe that the two items are related as you claim you asked for releases of you as Trustee of the trusts and this only came once allegations of criminal and civil violations of law began against you and others and after we learned that the documents and title was transferred to you without authority regarding BFR.
Also, in your prior statement in the email cited above you claim that you were terminating said children’s trusts for a de minimus market value but then when you were confronted about the value of the assets held in the trusts, you instead avoided my requests for now over four months, showing more of your willful, wanton, reckless and grossly negligent acts as a fiduciary to three minor children whose lives you have put in grave danger and emotional hardships from these actions, with what appears intent, through continued refusal to respond to our requests for information regarding the corpus of the trusts and information regarding LIC Holdings and information regarding BFR’s others holdings and information requested.
Have you or your legal team contacted the alleged PR’s of the Estates, Spallina, Tescher and Theodore regarding the matters of transferring estate monies to BFR to cover all the BFR Expenses and Living Expenses and if they declined have you pursued legal actions to recover the funds you misused under false title of Manager of BFR and Trustee of the children’s trusts?
Have you taken any actions to protect the children under your care from what you know were problems created by Spallina and Tescher, who apparently gave you fiduciary control of BFR despite failing to follow the operating agreement in so doing? It appears instead that you continue to work with Spallina, Tescher and Theodore, who are not your clients and all who have nothing to do with my children’s trust funds or BFR legally, acting instead adversely to my family and continuing to give Tescher, Spallina and Theodore HIGHLY CONFIDENTIAL AND PRIVILEGED information of BFR and my children’s trusts and even have worked with them secretly in meetings without notice to me and confronted for information about those meetings you refuse to answer repeated requests regarding your conversations and information transferred to them.
As you know, I have reported these matters to state and federal, civil and criminal authorities and despite your knowledge that these acts of Spallina, Tescher and Theodore are alleged to be part of an extortion of my family to financially devastate us by hijacking BFR and ceasing payments of the obligations unless we cease pursuing Tescher, Spallina, Theodore and Manceri for these alleged torts and criminal acts. Yet, despite this knowledge you continue to ignore the requests of your clients, my three children and instead work with those who have no authority in these matters and are adverse to my family, in what appears a conspiratorial pattern of intentional bad faith acts to cause harm to the three minor children in your care, including these games played in the past months between you, Theodore, Spallina and Tescher regarding who was in charge of BFR while letting basic living expenses and utilities lapse.
As you note from my last email and the attached Massey Clark Fischer Letter regarding the LAPSE that was addressed to you, you in fact are the one who has lapsed the homeowners insurance on the BFR home at 2753 NW 34th St. Boca Raton, FL 33434 and again, despite letters flying back and forth with Massey Clark and Fischer, Theodore, you and I, you continued to mislead everyone that Theodore was Manager until yesterday when confronted by Walt, who seems also to be confused as to your role over the months, see attached emails below. Once again Janet, I advise you to notify authorities of any wrongdoings you may be aware of by any parties involved in these matters and of any of your own and contact the PR’s of the estate and immediately have replenished all monies in the children’s school trust funds and any monies necessary to continue the operations of BFR as my parents had wanted and intended when setting these vehicles up in the first place.
You have claimed in a prior email that there was no money in the estates to get reimbursements from and you did not think there ever would be, how did you ascertain that, as it was recently learned that there are millions of dollars in cash assets in the trusts and estates, where you misled and if so by whom and provide full details of those conversations and information disclosed to you that you relied upon in making your opinions stated in the attached email below. Also, please address all questions posed to you regarding these matters in the letter I sent to you and Theodore et al., a copy of which can be found at the following URL @ http://www.iviewit.tv/20131229EIBResponseToTedBernsteinandDonaldTescherReEmergencyDistributions.pdf
Also, I am aware that there is an alleged Promissory Note that was not exhibited in the alleged filed Mortgage to Simon, although it appears it was initially attached to the filing, that Spallina has suddenly added the Mortgage and Note as an asset of the estate of Simon and in regard to BFR and the home of my children and I wondered why you did notify the homeowners insurance of the Mortgage and Note to Simon as a second behind Mr. Sahm. Was this intentionally left off the insurance application when you filled it out? This also begets the question of if you knew Mr. Sahm was a note holder when you filled out the homeowners insurance, since you listed that one on the policy, what did you do to pay interest to Walt as the alleged Manager of BFR did you ever contact him regarding his principal and interest?
Mr. Sahm was repeatedly trying to get information from Theodore and Spallina regarding his interest payments and he was directing his questions to them as he presumed they were acting Managers of BFR responsible for the interest and yet no one notified him that you were the Manager, including you and the avoidance of him forced him to get counsel due to the failure to respond to his repeated requests for information regarding his Mortgage.
That is until Walt then in frustration contacted me personally, despite my having no authority to act for BFR, after repeated attempts to collect from what he thought were the proper parties had taken any action regarding his Mortgage, putting the house in risk of foreclosure, Mortgage holders at risk and more and this all appears intentional, in efforts to force Walt to foreclose.
In fact I have made you aware that this attempted foreclosure by Tescher, Spallina and Theodore was occurring and they were trying to claim that Walt was starting foreclosure procedures if I did not pay $100,000.00 to him, no one mentioning he had sent letters stating he would take a rollover of the loan and interest for another year and all he needed was someone to respond. I have attached his letter again for review. You may have also put Simon’s Note and Mortgage as risk through the failure to maintain homeowners insurance on the home and letting it lapse, thereby you may have put the home and Estates at additional risk from these failures as a fiduciary. More information on this can be found @www.iviewit.tv/20131010MotionCompelFreezeYouHavetheRighttoRemainSilent.pdf
As the manager of BFR have you taken any actions regarding the Mortgage and Note to Simon, for example, was interest paid to Simon and if so by whom. Please send over any/all transactional details regarding the loan interest repayments. I was surprised that Spallina amended the Inventory of Simon to include the Mortgage and Note to Simon almost a year and half after his death and why he failed to list it on the initial inventory he prepared and filed with the Probate Court, especially when he is the one that allegedly prepared the Mortgage and Note personally and therefore he knew about it prior to submitting the initial inventory.
Have you discussed all of these loan matters with Spallina or any party as the Manager of BFR and what were the results, as we have been left in the dark for months now and I was under the impression that the Mortgage and Note to Simon were to be forgiven at his death and that Mr. Spallina knew this and then only later after his Legal Assistant and Notary Public Kimberly Moran was arrested on Felony Fraudulent Notarization charges and admitted to FORGING my deceased father’s name and mine and he was told by Judge Colin that he had enough evidence of Tescher, Spallina, Manceri and Theodore’s acts in using my deceased father to close the estate of my mother as if he were alive to read them all their Miranda Warning, did suddenly they begin to use the Mortgage and Note to Simon to threaten us with foreclosure and more as an extortionary tool it appears?
I again advise all of you to instantly pay all BFR bills sent as either Manager of BFR or fiduciaries of the Estate to stop the continuing extortion of my family in violation of your fiduciary duties and law. The alleged dispositive documents provide for the following,
4. Education. The term "education" herein means vocational, primary, secondary, preparatory, theological, college and professional education, including post-graduate courses of study, at educational institutions or elsewhere, and expenses relating directly thereto, including tuition, books and supplies, room and board. and travel from and to home during school vacations. It is intended that the Trustee liberally construe and interpret references to "education," so that the beneficiaries entitled to distributions hereunder for education obtain the best possible education commensurate with their abilities and desires.
6. Needs and Welfare Distributions. Payments to be made for a person's "Needs" means payments for such person's support, health (including lifetime residential or nursing home care), maintenance and education. Payments to be made for a person's "Welfare" means payments for such person's Needs, and as the Trustee determines in its sole discretion also for such person's advancement in life (including assistance in the purchase of a home or establishment or development of any business or professional enterprise which the Trustee believes to be reasonably sound), happiness and general well-being. However, the Trustee, based upon information reasonably available to it, shall make such payments for a person's Needs or Welfare only to the extent such person's income, and funds available from others obligated to supply funds for such purposes (including, without limitation, pursuant to child support orders and agreements), are insufficient in its opinion for such purposes, and shall take into account such person's accustomed manner of living, age, health, marital status and any other factor it considers important. Income or principal to be paid for a person's Needs or Welfare may be paid to such individual or applied by the Trustee directly for the benefit of such person. The Trustee may make a distribution or application authorized for a person's Needs or Welfare even if such distribution or application substantially depletes or exhausts such person's trust, without any duty upon the Trustee to retain it for future use or for other persons who might otherwise benefit from such trust.
From: Craig, Janet [mailto:Janet.Craig@opco.com]
Sent: Friday, February 7, 2014 1:42 PM
To: 'The Sahm's'; 'Tbernstein@lifeinsuraneconcepts.com'
Cc: 'firstname.lastname@example.org'; 'email@example.com'; Worth, Hunt
Subject: RE: Home owner`s Insurance....
Walt and Pat,
Oppenheimer Trust Company of Delaware is currently the Manager of Bernstein Family Realty, however the Trusts that were paying the Bernstein household bills have been entirely depleted. The only remaining assets in each trust is a one third share of Bernstein Family Realty and nominal shares of LIC Holdings.
At one point we were told that Ted Bernstein would take over as Manager and we prepared paperwork to transfer responsibility, however that paperwork was never returned to us.
Oppenheimer Trust Company of Delaware is attempting to close these accounts and distribute the remaining assets, however Eliot and Candice Bernstein have refused to return the Releases sent to them last August. As such we remain Manager but we have no assets with which to assist the Bernsteins.
I hope this information has been helpful. Please feel free to contact me if I can be of further assistance.
Janet Craig, CTFA
Senior Vice President
Oppenheimer Trust Company of Delaware
405 Silverside Road
Wilmington, DE 19809