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Friday, July 28, 2017

"You're walking into a very large fraud that has been ongoing.·" Judge Roger Colton in for Scher

Judge Roger Colton SITTING IN FOR Judge Rosemarie Scher hearing Transcript

MR. ELIOT BERNSTEIN:· Okay.· So she ordered
that.· I didn't put in for a notice of hearing on
this, and I would have certainly scheduled a lot
more time because I have a number of witnesses and
this should really be an evidentiary hearing, and I
was going to discuss that with her.

· · ·She took two months to get to this hearing and
scheduled it up on her own, so I think it should be
before her and I move to, you know, delay and
reschedule and hear this properly before her.

She's done a lot of research on the case.·
She's aware of some of the frauds 
that have occurred by
attorneys in this case.

· · ·And I just want to really quickly clarify,
Mr. Rose was a little bit misleading saying that my
brother was the successor trustee to my father in
the Simon trust.·   There were two attorneys who
admitted to fraudulently altering estate
documents --


· · ·MR. ELIOT BERNSTEIN:· -- and sending them to
my children's counsel.

· · ·JUDGE COLTON:· Are they still lawyers?

· · ·MR. ELIOT BERNSTEIN:· Yeah.· Actually, we're
working on getting them -- putting them in prison
instead of disbarring them because --

· · ·JUDGE COLTON:· How about disbarring and

To Read Full Transcript Click Below (page 10 and 11)

"·MR. ELIOT BERNSTEIN:· And we would be bringing
him up with other witnesses.· We'd be bringing up
Diana Lewis as a witness about the guardianship
issues.· We'll be calling Mr. Rose about the
fraudulent statements he's made in putting 40 --

· · ·JUDGE COLTON:· And this is Mr. Rose?

· · ·MR. ELIOT BERNSTEIN:· Yeah.· In fact, in Judge
Scher's order today she calls me a beneficiary and
you so politely did.· There's about 47 different
times Mr. Rose has moved several courts that I am
not a beneficiary of anything.· He conceded in the
hearing before Judge Scher now that I am changing
all of these pleadings.

· · ·Now just for one point, a federal judge in
Illinois has claimed that in the Estate of Simon,
because Florida ruled that I was not a beneficiary
of Simon's estate, even though Scher just put in
her order today that I am, that he issued a summary
judgment removing my rights in that case.

· · ·You're walking into a very large fraud that
has been ongoing.· 

There are multiple parties.

There have been arrests made for forging documents
in this court by the very people Mr. Rose brought
in to this court, or brought him in to this court.

· · ·The onion started to peel when Judge Scher,
just at the last hearing, and these guys all
admitted I was a beneficiary after they put in all
these pleadings to all these different courts

The 4th DCA, the Supreme Court of Florida, the Illinois
federal courts, stating that I was a beneficiary of
nothing, it had been ruled on, and there's a fraud
upon a fraud upon a fraud going on here.

· · ·So, you know, truly, if you're hearing this,
this Court's order that was issued today, which
appears to be dated for April 3rd but then was
written today April 27th and received today
April 27th by --

· · ·JUDGE COLTON:· The order I just saw?

· · ·MR. ELIOT BERNSTEIN:· The order --

· · ·JUDGE COLTON:· You're talking about the 4th
DCA order?· What order are you talking about?

"·MR. ELIOT BERNSTEIN:· No.· The one Scher
ordered today.
· · ·JUDGE COLTON:· She signed it April 7th.
· · ·MR. ELIOT BERNSTEIN:· April 27th.
· · ·JUDGE COLTON:· Oh, that -- no, no, no.
April 27th is today.
· · ·JUDGE COLTON:· She set -- on April 7th she set
a hearing today --
· · ·MR. ELIOT BERNSTEIN:· No, no.
· · ·JUDGE COLTON:· -- for 4:30.
· · ·MR. ELIOT BERNSTEIN:· Yes, sir.
· · ·JUDGE COLTON:· On April 11th she set a hearing
today at 4:30, but it was an amended order as to
the time only.

· · ·MR. ELIOT BERNSTEIN:· Yes, Your Honor, but
today she issued another order.

· · ·JUDGE COLTON:· She did?

· · ·MR. ELIOT BERNSTEIN:· Yes, sir.

· · ·JUDGE COLTON:· How?· Well, where is it?· Who
gave it to me?

· · ·MR. ELIOT BERNSTEIN:· Nobody.
· · ·MR. ROSE:· It's completely -- it's an order on
a motion that we heard months ago.· It's unrelated
to this motion today.

MR. ELIOT BERNSTEIN:· Oh, no, it's highly
related to this motion.· In fact, it supports my
case if you'd let me finish.

· · ·JUDGE COLTON:· Go ahead.· I'll let you finish.
· · ·MR. ELIOT BERNSTEIN:· So she issued an order
today.· If you look it up in the computer, on
paragraph 17 of that order, she says that I, Eliot
Bernstein, am a beneficiary of the Estate of Simon
Bernstein, giving me standing -- which they have
both argued that I did not have for two years and
kept me out of proceedings, denying me due process
and procedure.· 

And because of that, that sufficient basis can now 
modify the order of the scheduling of hearings.· 
Because when the hearings
were first scheduled, that order they gave, you
know, scheduling with Judge Scher, she was told
that I wasn't a beneficiary of the estate.

· · ·So now she's overruled all that, and it's
causing a cataclysm with state and federal,
criminal authorities, as well as going to the
Illinois federal court, Judge Blakey, whose father
wrote the RICO Act, .. --

· · ·JUDGE COLTON:· Is that John Blakey?
· · ·JUDGE COLTON:· Oh, okay.

·MR. ELIOT BERNSTEIN:· Northwestern.· And he
dismissed an action saying that because Florida
said I wasn't a beneficiary of the Simon Bernstein
Estate, he was issuing summary judgment against me
saying I didn't have standing there.

· · ·This now changes everything, so understand
that.· And her order proves the fraud.· Meaning, it
proves that they've been telling the courts
factually incorrect things.·  And I believe that
falls under -- oh, God.· I'll think of that
criminal term in a minute, but it's moving the
court falsely with knowledge of what they were

· · ·And, like I said, 47 times that's repeated in
orders that denied me -- I couldn't even speak at
hearings with Judge Phillips because he was on the
same rant.

· · ·In fact, if you read any of the four documents
they say are valid, I'm the beneficiary in every
single one.· So we'll get to that part in a minute,
but let me continue.

· · ·That fraud that's been going on since Phillips
issued these orders saying I wasn't a beneficiary
that Scher just overturned, it's gone on for over a
year and it's been going on with Brian O'Connell.

And I want to state on the record, Your Honor, take
judicial notice of this:· In Mr. O'Connell's
deposition leading up to the hearings that Judge
Scher just had, I asked him about a conflict of
interest with his law firm and a partner of his,
Jerald Beer.·

And he declined -- in his deposition
he said he didn't know anything about it.· And I
said I had sent him the information.· He said,
"Well, if you send it to me again, I'll, you know,
obviously resolve it immediately."· That's in his

· · ·So I sent him the very next day the letter I
had sent him a year before.· Now this is about an
asset in this estate that Mr. Rose has claimed is
worth a trillion dollars.· So -- yes.

· · ·JUDGE COLTON:· A trillion dollars?

· · ·MR. ELIOT BERNSTEIN:· A trillion dollars.

· · ·MR. ROSE:· Am I allowed to say --

· · ·JUDGE COLTON:· Not yet.

· · ·MR. ELIOT BERNSTEIN:· Other people have --

· · ·JUDGE COLTON:· Let him finish.

· · ·MR. ROSE:· Okay.

· · ·MR. ELIOT BERNSTEIN:· So Mr. O'Connell, I sent
that over to him the next day, and that's weeks
ago.· He's refused to acknowledge if he has

He shouldn't even be here because the
conflict is so egregious, that he just keeps
avoiding it and showing up at court and making
pleadings, and that continues the fraud.

· · ·Okay.· I believe the Court needs to, you know,
review the records of the proceedings to find
sufficient cause based upon this continuing and
ongoing pattern and practice of fraud upon the
court to issue discovery compliance and related
discovery proceedings.·

There should be an order issued placing 
an injunction against Alan Rose, Ted
Bernstein, and Brian O'Connell to separately
catalog, identify, and preserve all discovery,
including the time of receipt of such discovery,
the source and location of such discovery, where it
was derived from, whether the discovery is an
original or a copy, and related protective measures
to preserve the integrity of the proceedings, and
that's because all of the documents that were
ordered by Judge Colin to be turned over when the
other attorneys were removed for fraud, they didn't
turn over.·

They turned over only alleged copies,
so all the original documents of my father,
business records and everything, are missing at
this point, including the trusts and wills.

So, nobody has them that we're aware of, and
this is one of the big things we've been moving on
in our papers, and I believe that's why Judge Scher
called this up today.· If she wanted to quash it,
she would have done that.

· · ·This Court should further issue an immediate
injunction prohibiting any and all further
disposition of any asset of any kind of the estate
and trust.· There's been allegations by Mr. Feaman,
just prior to Judge Phillips leaving, that he was
aware of fraud and missing assets and theft of
assets and theft of jewelry, and it's all on the
record in the September 1st hearing where Judge
Phillips said, "We'll get to that."· Mr. -- and
then he left right after that, so we haven't got to
that order yet.· And there's been all kinds of
allegations in the papers of missing assets.

· · ·There's been no accounting in my mom's trust
since she died in 2010.· There's no complete
records.· Right.· See, there's a lot of fraud going
on here.

· · ·All evidentiary hearings should be scheduled
in accordance with procedural and substitute due
process; including, but not limited to, the
exchange of witness and exhibit lists.· Because for
this hearing I was calling witnesses and, you know,
I figured proper pretrial procedures would be heard
if we were going to have an evidentiary hearing
here and so -- and that would take me a lot longer.
I put in, you know, 10, 15 witnesses just to get
through, you know, calling them up.

· · ·The Court has sufficient evidence before it
now to move on the Court's own motion, if you have
reviewed the files, for the removal based on the
fraud that just occurred in the last hearings of
Ted Bernstein, Brian O'Connell, and for appropriate
discipline, whether you want to take it to the bar
or not or Judge Scher.

· · ·Well, Judge Scher has now become a witness to
the fraud.· She's now overruled the past issue that
I'm not a beneficiary.· 
Remember, I was stifled with a bag over my head
at these hearings because
supposedly I wasn't a beneficiary.· This is after
years where Judge Colin, you know, and everybody
said I was a beneficiary, but Mr. Rose needed to
shut it down, and somehow he got Judge Phillips --
who didn't seem that much lucid at the time he was
here of what hearings he was in, what cases he was
in, and that's all in the record -- got him to
believe all this crazy stuff, and it ended up in a
federal court and it ended up -- on the stand both
these guys admitted last time I was a beneficiary.
It was like pulling teeth, but they finally, if you
read the transcripts, you know, cough it up and
Mr. Rose concedes that he's misrepresented the

"MR. ELIOT BERNSTEIN:· But we're ready for
everything from this Court, so trust me.
· · ·JUDGE COLTON:· I do.

· · ·MR. ELIOT BERNSTEIN:· This Court should
further transmit notice of its order issued today
to be Illinois District Court.· So Judge Scher
should be sending that to Judge Blakey because it
shows that the Illinois Federal Court has been
seriously misrepresented fraudulently by officers
of the court.

· · ·Remember, all these crimes that are occurring
to us have occurred by officers of the court:

Committing forgery, fraudulent signatures of six
separate parties in the case.· It's mind-boggling.

· · ·And, again, we'll peel the onion.· But they
claim that same fraud in the Illinois courts, so he
should be noticed.· And I believe it's Canon 3, you
guys got some kind of obligation, when you're aware
of fraud, to be notifying the proper state,
federal, civil, and criminal authorities of the
misconduct of attorneys at law who come in and
misrepresent the record.

· · ·Now, by the way, if you look at Mr. Feaman and
Mr. Royer's written closing statements, they start
out with -- "In opening statement by Mr. Rose, the
Court heard numerous" -- this is from a lawyer,
it's his partner.· "In opening statement by
Mr. Rose, the Court heard numerous misstatements of
fact and unsubstantiated assertions which are
contradicted by the evidence and not supported by
the record."· So they're saying they have --

· · ·JUDGE COLTON:· Now is that pursuant to an
order you're reading from?

· · ·MR. ELIOT BERNSTEIN:· This was a part of what
went into Judge Scher's order today.

· · ·MR. ROSE:· That's the written final argument
for the motion that she denied today and ruled for
· · ·JUDGE COLTON:· Okay.
· · ·MR. ROSE:· But that's the written final
· · ·MR. ELIOT BERNSTEIN:· Well, I'm not sure she
ruled for them.
· · ·MR. ROSE:· That's the written --
· · ·JUDGE COLTON:· That's your written --
· · ·MR. ROSE:· No, no.· That's the written final

argument by Mr. Royer and Mr. Feaman --
· · ·JUDGE COLTON:· It's your final argument?
· · ·MR. ROSE:· -- in support of their motion, and
she denied it today.
· · ·MR. ROYER:· His final arguments.· His
statements and his final arguments.
· · ·JUDGE COLTON:· Okay.

· · ·MR. ELIOT BERNSTEIN:· And he lists a host of
things like they said "Eliot is not a beneficiary."
They walked in the court with that argument.

· · ·JUDGE COLTON:· Now, Eliot, I know that you're
reading from a piece of paper there too.

· · ·MR. ELIOT BERNSTEIN:· Yes, sir.

· · ·JUDGE COLTON:· That's your summary, your
notes --

· · ·MR. ELIOT BERNSTEIN:· Guidelines.

· · ·JUDGE COLTON:· -- guidelines as to your
opening that you want me to hear, right?

· · ·MR. ELIOT BERNSTEIN:· Well, I was just going
to open with Judge Scher to get it to an
evidentiary hearing as well but...  "

Attorney Alan Rose Speaking 
(Keep in Mind that in Dec. of 2015 Eliots children were not all minors.
Alan Rose is NOT acting Ethical)

"So Judge Phillips, in December of 2015, by a
final judgment which was affirmed today, determined
that the beneficiaries of the trusts, which is
where all the money is going into the trusts, the
beneficiaries of the trusts are ten grandchildren,
so that's where you have beneficiaries.· Three of
ten grand --

· · ·The grandchildren are not direct
beneficiaries.· The grandchildren are indirect
beneficiaries.· The beneficiaries are technically
ten newly created trusts, so there's ten trusts
created by Simon's testamentary documents.· Those
ten trusts are the beneficiaries of all the money.

· · ·Other than some tangible personal property,
Eliot Bernstein is the beneficiary, along with his
five siblings, so one-fifth each, of furniture and
jewelry.· According to the inventories, the total
of the furniture and the jewelry is less than 100,
plus or minus, 100,000.· So his interest in this
whole thing is less than $20,000.

· · ·I believe the furniture is going to sell for
substantially less than even the appraised value,
but assuming it's sold at the appraised value --  "

"And there's been no evidence.· He didn't present any evidence.
· · ·JUDGE COLTON:· Well, that was just his
opening.· He wants another week to present his 16
· · ·MR. ROSE:· We would ask you to deny --"

Guardian Diana Lewis Below Speaking

"·JUDGE LEWIS:· Judge,  I'm here to protect the
assets of the children, and that's the only role I

· · ·JUDGE COLTON:· Okay.· And ten grandchildren?
· · ·JUDGE LEWIS:· Eliot's three.
· · ·JUDGE COLTON:· Eliot's three children?"

Click Below to Read Cease and Desist Letter To Diana Lewis, GUARDIAN, not Judge, former Judge and SHOULD not be Judge Lewis in this Transcript.  Read the Letter and see the Law and Issues.

HAVE NOT Denied that Eliot Was a Beneficiary? Really Brian O'Connell? 
IS that the TRUTH? The WHOLE TRUTH and Nothing But?

"·JUDGE COLTON:· What do you want to tell me?

· · ·MR. O'CONNELL:· Just that this case has been
going on for years.· Mr. Bernstein has participated
fully in this case.· There's no fraud certainly on
anything we've done.

· · ·He is the beneficiary as to tangible personal
property.· We haven't denied that.· And the reason
I'm mentioning all that, his motion -- looks like a
1.540 motion based on fraud to -- actually to
vacate an order of Judge Scher that did nothing but
schedule other hearings, so it isn't even a
substantive type of order.· But there's certainly
no fraud.· There's certainly no basis.· There's no
evidence.· There's nothing to grant such a motion.
· · ·And the other things that are in here also are
procedurally improper.· Removal, items of that

nature have to be accompanied by proper pleadings.
That's one reason I presented that one order that I
did to you earlier.· There's no such pleading.· He
asked for an injunction, you heard that.· There's
no bases for injunction even set forth in here,
more or less evidence.

· · ·JUDGE COLTON:· Well, I sort of feel like I'm
in a harder position now because Eliot is going to
be able to classify me along with Colin and
Phillips and Scher and now he's got me.

· · ·MR. O'CONNELL:· That's a very distinguished
group, Your Honor.

· · ·JUDGE COLTON:· What a group, huh?· Only one
last question.· How does the state of Illinois get
involved in this?

· · ·MR. O'CONNELL:· Do you want to explain that?

· · ·MR. ROSE:· There's a life insurance policy.  (WHAT, where is the POLICY ALAN?)
The proceeds of which were interpled in Illinois,
and there's a fight between the estate,
Mr. O'Connell who's one claimant, and an insurance
trust from Illinois, that's this other claimant.
And in that lawsuit, I believe Eliot Bernstein
filed his own individual claims --

· · ·JUDGE COLTON:· Okay.

· · ·MR. ROSE:· -- to try to take the policy for
himself.· And I think those were disposed of via a
federal court judge by way of a summary judgment.

· · ·JUDGE COLTON:· I'm going to pass out what
Mr. Eliot left with me here.· These are his notes.

· · ·MR. ROSE:· And I brought a proposed order that
just denies the motion.

· · ·JUDGE COLTON:· Okay.· Give me a proposed
order.· I want to take it under advisement.

· · ·MR. ROSE:· That's fine.· And I gave a copy --
for the record, I gave a copy of the order to
Mr. Bernstein when I first arrived, Mr. Eliot

· · ·JUDGE COLTON:· Does it show addresses of all
who gets a copy on there?

· · ·MR. ROSE:· It does.· It has a service list.

· · ·JUDGE COLTON:· Okay.· That's all I need.

· · ·MR. ROSE:· Okay.· I didn't bring envelopes, I

· · ·JUDGE COLTON:· That's okay.· I guess what you
do now is you just send it through some kind of a
doorway or a portal or whatever and it gets all out
there in the cyber world and, wow, look at that.

· · ·MR. ROSE:· That's just the style of the
· · ·JUDGE COLTON:· That's just the style of the
· · ·MR. ROSE:· Of the motion.

· · ·JUDGE COLTON:· Has Mr. Eliot Bernstein ever
been represented by an attorney?

· · ·MR. O'CONNELL:· Not that I'm aware of.

· · ·MR. ROSE:· For a very short period of time in
this case I believe there was an attorney.· I don't
know if the attorney was representing Mr. Bernstein
individually or his children or both.

· · ·JUDGE COLTON:· Okay.

· · ·MR. ROSE:· There was at least one lawyer who
appeared.· I believe that -- I believe it was a
Mr. Pratt, but I'm not --

· · ·JUDGE COLTON:· Well, thank you very much. I
appreciate you being here.

· · ·MR. ROSE:· Thank you.
· · ·JUDGE COLTON:· And let me say that I think I
understand, and I've reviewed certain things, and I
think I know what's going on.
· · ·MR. O'CONNELL:· Thank you, Your Honor.
· · ·JUDGE COLTON:· Thank you.
· · ·MR. O'CONNELL:· I appreciate it.
· · ·MR. ROYER:· Thank you, sir.
· · ·JUDGE COLTON:· Diana, it's always a pleasure
to see you."

To Read Full Transcript and Source of Quotes Above Click Below

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