Tuesday, August 15, 2017

Which Client's wishes was Robert Spallina honoring?

Below is the Revocation filing for Robert Spallina, Florida State Bar

"B. The Florida Bar File No. 2014-50,885{15E)
1. Petitiorier added a paragraph to his client's Trust Amendment
after the client was deceased in an effort to comply with the
client's wishes.

2. The Trust Amendment was presented to the Court by another
attorney at which point Petitioner admitted to his wrongdoing."


Court Hearing Regarding Deceased Signing Documents

September 17th 2017 Hearing

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


22 THE COURT: ‐‐ he came to court and said I
23 want to be discharged, my wife's estate is
24 closed and fully administered.

25 MR. ELIOT BERNSTEIN: No. I think it
1 happened after ‐‐

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

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

5 THE COURT: January 3, 2013.

6 MR. ELIOT BERNSTEIN: He was dead.

MR. MANCERI: That's when the order was
8 signed, yes, your Honor.

9 THE COURT: He filed it, physically came
10 to court.


12 THE COURT: So let me see when he actually
13 filed it and signed the paperwork. November.
14 What date did your dad die?

15 MR. ELIOT BERNSTEIN: September. It's
16 hard to get through. He does a lot of things
17 when he's dead.

18 THE COURT: I have all of these waivers by
19 Simon in November. He tells me Simon was dead
20 at the time.

21 MR. MANCERI: Simon was dead at the time,
22 your Honor. The waivers that you're talking
23 about are waivers from the beneficiaries, I
24 believe.

25 THE COURT: No, it's waivers of
1 accountings.

2 MR. MANCERI: Right, by the beneficiaries.

3 THE COURT: Discharge waiver of service of
4 discharge by Simon, Simon asked that he not
5 have to serve the petition for discharge.

6 MR. MANCERI: Right, that was in his
7 petition. When was the petition served?
8 THE COURT: November 21st.

9 MR. SPALLINA: Yeah, it was after his date
10 of death.

11 THE COURT: Well, how could that happen
12 legally? How could Simon ‐‐

13 MR. MANCERI: Who signed that?

14 THE COURT: ‐‐ ask to close and not serve
15 a petition after he's dead?  "

Click to Read Full Hearing Transcript and source of above quote, the above starts on page 14

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

Tuesday, August 8, 2017



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

Click Below for Source and Full Document

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

Click To Read Police Report

Monday, August 7, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

Source and Full Court Filing

Saturday, August 5, 2017

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

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

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


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


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

No. 4D17-379
July 26, 2017

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

Friday, August 4, 2017

I wonder when Ted Bernstein, Pam Sam, Adam Simon, David Simon, Brian O'Connell, Alan Rose, and the Gang will start turning on each other. Ya know how the saying goes, which ever Bad Guy tells on the other Bad Guys first WINS. And well they may even get a Plea Bargain and not go to Prison, and may even get to keep some of their ill gotten ASSETS.

Dominoes Falling INDEED. Landmark, Game Changing Case. VERDICT "It sends a message to these unscrupulous lawyers and guardians that they are not going to be able to get away with it anymore."

"Jury says attorneys for guardian mismanaged money of millionaire Texas oil man"

"Guardianship case came from courtroom of Judge Martin Colin, 
featured in a Palm Beach Post investigation"

"Colin praised the attorneys in his courtroom, calling them honest and trustworthy"

“This first salvo sends a serious message not only to the predatory guardians and lawyers who have been exploiting families all over Florida for decades but especially to the probate judges without whose complicity these cases could never happen.”

"Advocates for guardianship reform clamored in vain for years that Florida’s system failed to properly protect incapacitated seniors, that its primary purpose had been perverted to line the pockets of greedy attorneys and professional guardians with the hard-earned life savings of the elderly.
Brian O'Connell
Now they can point to a new federal verdict awarding a whopping $16.4 million in a lawsuit claiming that two West Palm Beach attorneys breached their fiduciary duties while running up “unnecessary and excessive fees” of $1 million.
“It’s really kind of a landmark case,” said Julian Bivins, who brought the suit as the personal representative of the estate of his father, Oliver, a Texas oil man.

“It sends a message to these unscrupulous lawyers and guardians that they are not going to be able to get away with it anymore.”
The Bivins guardianship case emanates out of the court of Circuit Judge Martin Colin, the subject of an investigation by The Palm Beach Post into the judge’s conflicts of interest because his wife is a professional guardian.
Colin in open court had heaped praise on the attorneys who lost the case and refused to hold a hearing to decide whether the attorneys had “secretly” kept money from the sale of one of Oliver Bivins’ properties in an escrow account for more than a year, according to court documents.
The Post’s award-winning series featuring Colin, Guardianships: A Broken Trust, resulted in an overhaul of guardianship rules in Palm Beach County. Colin retired last December after he was transferred from the Probate & Guardianship Division because of The Post’s reporting.
Weeks after The Post published, Julian Bivins filed a motion to disqualify Colin, saying his concerns about the “close-knit atmosphere of the Guardians, their attorneys” and Colin had been “glaringly brought to light” in the stories.
The younger Bivins said he felt his father was “held captive” in South Florida by the guardianship so the attorneys could liquidate real estate assets — including a New York City Upper East Side mansion — and charge more fees.

Colin granted an emergency order prohibiting the senior from returning to Texas.The jury found on July 28 that attorneys Brian M. O’Connell and Ashley N. Crispin of the Ciklin, Lubitz & O’Connell firm not only breached their fiduciary duty but committed professional negligence.

The lawsuit claimed they failed to get appraisals on two high-end New York City properties being divided among family. They were not of equal value and as a result, Julian Bivins ended up with one that was worth millions less than other.

The jury’s decision to award $16.4 million makes up the difference.

But the fight over the property is far less important to reform advocates than the fact that attorneys who carry out the wishes of professional guardians and are paid with the ward’s money were held accountable.
“This case in one of the longtime hotbeds of guardianship abuse is a tipping point,” said Sam Sugar, director of Americans Against Abusive Probate Guardianship.
“This first salvo sends a serious message not only to the predatory guardians and lawyers who have been exploiting families all over Florida for decades but especially to the probate judges without whose complicity these cases could never happen.”
Oliver Bivins died at age 97 in March 2015. He ended up in the court-ordered guardianship when he visited his condominium in Palm Beach in 2011 and a social worker became concerned with his well-being, according to court documents.
Oliver Bivins appeared to be coming to Florida for a weekend vacation, leaving his refrigerator in Texas fully stocked, plaintiff attorneys told the jury. His son said he often didn’t visit his Palm Beach condominium for years at a time.

The verdict takes a further step toward re-establishing that attorneys are supposed to represent the incapacitated ward, not the court-appointed professional guardian — a position many lawyers have argued in court to thwart families trying to rein in a fee frenzy.

“If it wasn’t for me, they would have completely depleted my dad’s estate,” said Julian Bivins, who now lives in Palm Beach. “I’ve been fighting them from the beginning to just get him back to Texas. Finally, I got him back there 35 days before he passed away.”

As with many family members who challenge the status quo in guardianship in Palm Beach County, Julian said he found himself relentlessly attacked in court. He was even sued by one of the guardians in the case, Curtis Rogers.

The biggest toll, he said, though, was his relationship with his father as Rogers told the elder Bivins that his son only wanted his money. “He turned my dad against me,” Julian Bivins said. “I could never explain to my father how he was being held for ransom, how they wouldn’t let him go.”

The Ciklin firm said it is confident it can prevail on post-trial motions 
in front of U.S. District Court Judge Kenneth Marra.

“We think the verdict was not in keeping with the law or the facts and, in fact, was considerably more than the plaintiff even asked for,” said Alan Ciklin, the firm’s managing partner. “We feel pretty good about our ability to have this reduced dramatically.”

Rogers, one of two professional guardians dismissed as defendants in the lawsuit, testified for more than two days at the trial. He told The Post he believes the younger Bivins financially took advantage of his father. “The verdict was a total shock to me,” he said. “I anticipated there was no way that type of verdict could be made.”

It may come as a shock to Judge Colin, as well.

Colin during a Feb. 3, 2016, hearing in the guardianship case bristled at the suggestion that the Ciklin Lubitz firm was not acting as a good custodian of Bivins’ assets.

The senior’s son questioned why the firm had failed to turn over $472,000 from the sale of his father’s commercial property in New York City, requesting Colin refer their actions to the Florida Bar or keep them from holding onto the money.

“The Ciklin Lubitz law firm has a well-earned reputation of honesty. And this is honesty,” Colin said in court. “Not for a moment do I have any concern because their reputation is well-earned in this respect.”

Colin denied Julian Bivins’ request without hearing any evidence but ordered the firm to return about $400,000.

An attorney for Julian Bivins filed a motion to disqualify Colin because of those statements, but the judge denied it.

“We never got anything done in his court,” Julian said. “We complained about the amount of the fees and he (Colin) cut them down 25 percent, but then we had to pay their fees for them to defend those fees. So they just made it back.”  "

Guardianship Catch-22

It is in this Catch-22 that families often find themselves when trying to decide whether to fight unethical actions by a professional guardian: Either way they pay, and either way the lawyers’ wallets grow fatter.

The guardianship issue is being looked at by a task force formed by Florida Supreme Court Justice Jorge Labarga. The state Legislature established the new Office of Public & Professional Guardianship as a result of lobbying by advocacy groups and others about lawyers and guardians siphoning off fees.

Attorney Greg Coleman, past president of The Florida Bar, wrote to the work group in June to alert it to “inappropriate, improper and illegal activities of a very small number of Florida attorneys” practicing in the guardianship arena.

“Unfortunately, the way guardianship statutes and rules are currently constituted allows for a window of exploitation by bad attorneys and bad guardians for their own personal monetary gain,” said Coleman, who was not associated with the Bivins guardianship or any of the relating litigation.

Coleman said everything is moving in the right direction for seniors. “The issue has the (Florida Supreme) Court’s attention, I can tell you,” he said. “It is not something that is being ignored or swept under the rug.”

Oliver Wilson Bivins Sr. was an oil man whose family were pioneers in Amarillo, Texas. He visited his Florida condo infrequently.

Dominoes falling?

Sugar’s grassroots-group based out of Hollywood was the force behind legislative reform last year. He said the verdict in Bivins is a sign “the dominoes are starting to fall.”

Several years ago Sugar could barely get a conference with key Florida lawmakers. Now his group has spearheaded legislation and made guardianship an issue around the country. Sugar pointed to the recent federal indictment of a professional guardianship firm in New Mexico, charging the owners with stealing millions from seniors, as an example that justice could be done for these seniors.

Attorneys who represented the Bivins family — Charles D. Bavol and Ron Denman of The Bleakley Bavol law firm in Tampa — compared the trial to a climactic brawl from the movie Rocky.

The Ciklin defendants knocked out their expert witness and cited attorney-client privilege in refusing to turn over crucial emails between the Ciklin lawyers and the guardians.

The son’s testimony persuaded the jury, his lawyers said.

“What the defendants did in this case was wrong,” Denman told the jury. “It was legally wrong, what they did was ethically wrong, and what they did was morally wrong.”

Bavol and Denman said the verdict builds off a 2015 state court appellate finding out of Palm Beach County, ruling that the guardianship attorneys’ duty is to the incapacitated adult, not the professional guardian.

The 4th District Court of Appeal in recent years has reined in circuit courts in Palm Beach County that reform advocates say patently favor professional guardians and their attorneys. Still, advocates such as Sugar say they hear about abuses almost daily in the guardianship courts.

Bavol and Denman said the verdict underscores 

the need for accountability from guardians and their lawyers.

“Based on this significant jury verdict and the ongoing investigative journalism in Southern Florida concerning professional guardianships, the need for reform of the guardianship system to protect Florida’s elderly citizens is again underscored,” the lawyers said in a news release."

Source of Article and Lot's More

Regardless of What Move managing Partner Alan Ciklin, brother of Judge Cory Ciklin, want to make next, It is DONE. There is a Path to Justice cleared now and HOPE for the Victims of attorneys and guardians such as Brian O'Connell and Ashley Crispin.

Also NOTE that Florida Supreme Court Justice Jorge Labarga is the top of the Florida Corruption Food Chain, just look at the iViewit Patent Theft Case and Proskauer Rose and the gang.

Also NOTE that Florida Supreme Court Justice Jorge Labarga was Judge Martin Colin's MENTOR "He finds a great camaraderie among the Judges in this Circuit and considers Judge LaBarga to be his mentor. "  As Seen at the Link Below

Thursday, August 3, 2017

15th Judicial Circuit Important Notice. WOW Attorney Alan Rose CAUGHT in the act AGAIN. As he clearly does not make a good faith attempt to RESOLVE and has not Notified ALL Parties. Why is Alan Rose still a Licensed Attorney. Why is Alan Rose NOT in Jail? Why is the Estate of Simon Bernstein still having hearings with all the KNOWN FRAUD?

Subject: Important Notice from the Fifteenth Judicial Circuit - Amendments to Local Rule 4

Attached please find Local Rule 4, applicable in the 15th Judicial Circuit (Palm Beach County), which was amended on July 18, 2017.
  • Local Rule 4 is now applicable to both county and circuit courts and for UMC and Special Set Hearings.
  • It applies in all divisions of the courts in the Fifteenth Judicial Circuit (Palm Beach County).
  • Before setting a hearing, you must make a good faith attempt to resolve the issues by speaking to opposing counsel by phone or in person.
  • The Notice of Hearing must include the exact language as required by Local Rule 4.
  • This Rule also applies to Coverage Counsel.
Make sure you read Local Rule 4 carefully and comply with its requirements.

Tuesday, August 1, 2017

I Would Say there is Plenty of Reasons for RICO in the Estate Of Simon Bernstein Probate Case in South Florida.

According to Wikipedia, "RICO provides for criminal penalties and a civil cause of action for racketeering acts performed as part of an ongoing enterprise."
 "Under RICO, a person who is a member of an enterprise that has committed any two of 35 crimes - 27 federal crimes and 8 state crimes - within a 10-year period can be charged with racketeering."   http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act

PR Brian O'Connell Can't Seem to Remember that he is CLEARLY CONFLICTED and for the Same Reason as was Judge Cory Ciklin.

In the Estate of Simon Bernstein, PR Brian O'Connell is CONFLICTED for some of the same reasons as is and was Judge Cory Ciklin. O'Connell knew from the start yet has not NOTIFIED the Courts and Removed himself as PR. Why?

"as to this Court's October 27, 2016 order in Case No. 16-3162, the Court sua sponte recognized a potential conflict immediately after the order issued, and the case was sent to a different member of the Court for consideration. " 

Source of DOCKET Quote Above

ESTATE OF Simon L. Bernstein
File No.: 502012CP004391XXXXNB IH
Petition for Instructions Regarding
Conflict of Interest Waivers

"Filing # 57927473 E-Filed 06/19/2017 12:39:59 PM


FILE NO.: 502012CP004391XXXXNB IH


BRIAN M. O'CONNELL, as Successor Personal Representative of the Estate of SIMON
L. BERNSTEIN ("Mr. O'Connell" or "Successor Personal Representative"), by and through
undersigned counsel, hereby files this Petition for Instructions, and in support thereof, states as

1.    The Decedent, a resident of Palm Beach County, Florida, died on September 12,
       2012, with an Estate ("Estate"), subject to probate in the State of Florida.

2.    The Will of Mr. Bernstein named two personal representatives,
       Robert L. Spallina ("Spallina") and Donald R. Tescher ("Tescher").

3. On June 24, 2014, Mr. O'Connell was appointed as the Successor Personal
    Representative of the Estate of Simon L. Bernstein ("Estate" and "Decedent," respectively).

4.   There is extensive litigation involving the Decedent and his Estate.

5. Such litigation involving the Estate is ongoing and there is no resolution to date.

6. On March 20, 2017, Mr. O'Connell received a Conflict oflnterest Disclosure form
from the Decedent's son, Eliot Ivan Bernstein.

7. The Conflict of Interest Disclosure form is 50 pages long and involves a total of
2,935 parties as listed including, but not limited to the following:

a. Proskauer Rose, LLP., plus 601 potential defendants purportedly associated with
Proskauer Rose, LLP.;

b. Meltzer, Lippe, Goldstein, Wolf & Schlissel, P.C., plus 34 potential defendants
purportedly associated with Meltzer, Lippe, Goldstein, Wolf & Schlissel, P.C.;
c. Foley & Lardner plus 1,042 potential defendants purportedly associated with Foley
& Lardner;

d. Schiffrin & Barroway, LLP., plus 40 potential defendants purportedly associated
with Schiffrin & Barroway, LLP.;

e. Blakely Sokoloff Taylor and Zafman, LLP., plus 76 potential defendants
purportedly associated with Blakely Sokoloff Taylor and Zafman, LLP.;
f. Wildman, HaiTold, Allen & Dixon, LLP ., plus 198 potential defendants purportedly
associated with Wildman, Harrold, Allen & Dixon, LLP.; plus

g. 768 Non-Disclosure Agreements, Non-Compete Employment Agreements,
Strategic Alliances, Licensees, Patent Disclosures, Other Contracts Requiring
Confidentiality companies and persons; plus

h. 172 Additional entities, persons, etc., lumped together and/or listed, including, but
not limited to, for example:

1. "The Fifteenth Judicial Circuit - West Palm Beach Florida; Judge Jorge
Labarga ("Labarga"); any other John Doe ("John Doe") Fifteenth Judicial
Circuit - West Palm Beach Florida staff, known or not known to have been
involved at the time;"

11. "The Supreme Court of New York Appellate Division: First Judicial
Department, Departmental Disciplinary Committee; Thomas Cahill -
("Cahill"); Joseph Wigley - ("Wigley"); Steven Krane, any other John Doe
("John Doe") of the Supreme Court of New York Appellate Division: First
Judicial Department, Departmental Disciplinary Committee staff, known or
not known to have been involved at the time;"

111. "The Florida Bar; Lorraine Christine Hoffman - ("Hoffman"); Eric Turner
- ("Turner"); Kenneth Marvin - ("Marvin"); Anthony Boggs - ("Boggs");
Joy A. Bartmon - ("Bartmon"); Kelly Overstreet Johnson - ("Johnson");
Jerald Beer-("Beer"); Matthew Triggs; Christopher or James Wheeler; any
other John Doe ("John Doe") The Florida Bar staff, known or unknown to
have been involved at the time;"

IV. Yale Law School;
v. Supreme Court of New York Appellate Division First Department;
v1. Supreme Court of New York Appellate Division Second Judicial

VIL Supreme Court of New York Appellate Division Second Department
Departmental Disciplinary Committee;

vm. State of New York;

IX. The Office of Court Administration of the Unified Court System;
x. State of Florida, Office of the State Courts Administrator, Florida,
xi. Florida Supreme Court
xu. City of Boca Raton, Florida; plus

1. 16 "Cases Seeking or Related to Anderson."

8. Given the volume of parties for which a conflict of interest disclosure is requested,
the Conflict of Interest form would require countless hours for Mr. O'Connell to complete. See a
copy of the Conflict of Interest Disclosure form, attached hereto as Exhibit "A."

9. Therefore, Mr. O'Connell requests the Court for instructions regarding the Conflict
of Interest Disclosure form and whether Mr. O'Connell, as Successor Personal Representative of the Estate, should respond to same.

WHEREFORE, BRIAN M. O'CONNELL, as Successor Personal Representative of the
Estate of SIMON L. BERNSTEIN, by and through undersigned counsel, respectfully requests this
Court for instructions on whether to respond to the Conflict of Interest Disclosure form, and for
attorneys' fees and costs pursuant to Fla. Stat. § 73 3 .106 and any other relief deemed just and
proper by this Court."


Blue Cross Blue Shield Of Illinois taking a Look at the Blogs. Hey Blue Cross Blue Shield Of Illinois are you doing business with Pam Simon of STP? Are you another one of her Friendly Carriers, as she calls it? Which seem to be Insurance Companies that pay HUGE money and yet there is NO POLICY.

Check Out

United States District Court Northern District of Illinois,  
Simon Bernstein Irrevocable Insurance Trust Dtd 6/21/95 
Heritage Union Life Insurance Company
Case Number:

Blue Cross Blue Shield Of Illinois if you have questions about business with Pam Simon and STP, eMail me at ReverendCrystalCox@gMail.com

Blue Cross Blue Shield Of Illinois Web Stat  

AND Second Web Stat

Eliot Bernstein 4th DCA Florida Cases IGNORED thus far. Where are the REAL Authorities that ACTUALLY want to Uphold the LAW? The JUDGES who Dismiss Call the Claims Meritless, meanwhile CORRUPTION is Rampant in the Florida Probate Courts

Eliot Bernstein has been Shouting the Truth from the Rooftops for YEARS. He has filed in all appropriate courts and yet Corruption has been IGNORED by Florida Judges and Authorities, WHY?

THEY CALL IT "meritless and improper pro se proceedings", sometimes they call the Pro Se litigant Vexatious.  You know when a Pro Se party EXPOSES Corruption that involves Judges and Attorneys, well the higher courts call it Meritless and IMPROPER, they BLOCK the Pro Se litigant EXPOSING CORRUPT JUDGES and for some reason don't dare EXPOSE the Rampant Fraud, Forgery, Murder, Insurance Fraud, Mortgage Fraud, Real Estate Fraud, Probate Fraud, Civil Rights Violations and Predatory Guardianship that they CLEARLY KNOW, as there it is RIGHT THERE in the document they are dismissing as  "meritless and improper pro se proceedings".

Case No.FiledCase StyleCountyLower Tribunal CaseDisposed
15-384910/15/2015ELIOT BERNSTEIN v. ESTATE OF SIMON BERNSTEINPalm Beach502011CP00653XXXXSB, more11/30/2015
16-6401/06/2016ELIOT IVAN BERNSTEIN v. TED BERNSTEIN, AS TRUSTEE.Palm Beach2014CP003698XXXXNB02/29/2016
16-22201/20/2016ELIOT IVAN BERNSTEIN v. TED BERNSTEIN, AS TRUSTEE,Palm Beach2014CP003698XXXXNB, more04/27/2017
16-144905/03/2016ELIOT IVAN BERNSTEIN v. OPPENHEIMER TRUST CO. OFPalm Beach2014CP002815XXXXNB11/29/2016
16-147605/05/2016ELIOT IVAN BERNSTEIN v. OPPENHEIMER TRUST CO. OFPalm Beach2014CP002815XXXXNB11/29/2016
16-147805/05/2016ELIOT IVAN BERNSTEIN v. TED BERNSTEIN, AS TRUSTEE,Palm Beach2014CP003698XXXXNB11/29/2016
16-224907/05/2016ELIOT IVAN BERNSTEIN v. OPPENHEIMER TRUST CO. OFPalm Beach2014CP002815XXXXNB01/11/2017
16-316209/16/2016ELIOT IVAN BERNSTEIN v. WILLIAM E. STANSBURY, et al.Palm Beach502012CA013933XXXXMB10/28/2016
16-412012/06/2016ELIOT IVAN BERNSTEIN v. WILLIAM E. STANSBURY,Palm Beach502012CA013933XXXXMB01/05/2017
17-160705/31/2017ELIOT IVAN BERNSTEIN v. ESTATE OF SIMON L BERNSTEIN,Palm Beach2012CP00439107/13/2017
17-160805/31/2017ELIOT IVAN BERNSTEIN v. ESTATE OF SIMON L. BERNSTEINPalm Beach2012CP004391
17-193206/23/2017ELIOT IVAN BERNSTEIN v. TED BERNSTEIN, AS TRUSTEE,Palm Beach502014CP003698XXXXNB07/19/2017
Total Cases 13