Monday, July 31, 2017

Palm County Florida Probate Alan Rose Says: " The only person alive on this planet who knows anything about this case is Ted" WOW, that sure sounds dramatic and blatantly false.

And Alan Rose goes on to say, "He has got to be the representative of the estate to defend the case. He has got to be sitting at counsel table. If he is not at counsel table, he is going to be excluded under
 the exclusionary rule and he will be out in the hallway the whole trial."

What? Does Ted come to all the hearings? Is Ted at the counsel table? Well he was not there when I was at the court hearing and he does not seem to even show up anymore, so what a load of crap this is that Alan Rose continues to spew. Oh and he wants Judge Scher to grant his fees without allowing any Objections.  What a whiny self righteous ass, in my Opinion.

"    The only person alive on this
 2 planet who knows anything about this case is
 3 Ted. He has got to be the representative of
 4 the estate to defend the case. He has got to
5 be sitting at counsel table. If he is not at
 6 counsel table, he is going to be excluded under
 7 the exclusionary rule and he will be out in the
 8 hallway the whole trial. And whoever is
 9 defending the estate won't be able to do it.
This guy wants Ted out and me out because we
11 are the only people that know anything about
12 this case.

13 So why is that important? Well, it makes
14 it more expensive. It makes him have a better
chance of winning. That's what this is about.
16 And at the same time the Illinois case is
17 really critical here because unless the estate
18 wins the money in Illinois, there's nothing in
19 this estate to pay him.

THE COURT: I understand.

21 MR. ROSE:   Mr. O'Connell, I proffer, he
22 advised me today there's about $285,000 of
23 liquid assets in the estate. And we are going
24 to get some money from a settlement if you
 25 approve it.

Source and Full Transcript
https://drive.google.com/file/d/0Bzn2NurXrSkid2h4cnJTWWxhaEU/view?usp=sharing

A Settlement? What? Riddled with Fraud, Guardians and Gag Orders.  Assets STOLEN from the estate and wow now they claim this small amount left and well, the attorneys want it. 

Ted and Alan Rose are the only ones who know anything about "this" case??? WOW.  Do you mean this scheme, this fraud?

More at
http://tedbernsteinreport.blogspot.com/

Jury’s $16,400,000 verdict award against Brian O’Connell and Ashley Crispin of Ciklin Lubitz & O’Connell. “through the jury verdict, it appears the people of south Florida demand accountability from the lawyers (and guardians) appointed by the legal system to represent the interests, and protect the assets, of its incapacitated citizens.”

"Florida: Jury awards $16.4 Million against guardianship attorneys

"On Friday, July 28, 2017, a unanimous jury in the U. S. District Court, West Palm Beach Courthouse, awarded $16,400,000 to the Estate of Oliver Wilson Bivins, Sr., and against West Palm Beach guardianship attorneys, Brian O’Connell and Brian O’Connell of the Ciklin Lubitz & O’Connell law firm. 

The hotly contested two-week jury trial was handled by BBLF partners Ron Denman, Chuck Bavol and Grant Kindrick.

The jury found that attorneys Brian O’Connell and Ashley Crispin had breached both their professional and fiduciary duties to Oliver Wilson Bivins, Sr., an incapacitated ward of the State of Florida. 

The complaint against Brian O’Connell and Ashley Crispin and their law firm, Ciklin Lubitz & O’Connell, alleged that they engaged in actions that increased their own attorneys’ fees to the detriment of Mr. Bivins’ guardianship estate.

In the federal lawsuit filed by his son, Julian Bivins, in his capacity as personal representative of the Estate of Oliver Bivins, Sr., lawyers for the Estate argued during the trial that guardianship attorneys Brian O’Connell and Ashley Crispin, litigated to keep Mr. Bivins located in Florida and to prevent him from returning to his decades old home in Amarillo, Texas, in order to maintain control over the Florida guardianship so they could generate legal fees. 

Attorneys for the Estate argued that throughout the four-year guardianship, Brian O’Connell, Ashley Crispin and the Ciklin Lubitz & O’Connell law firm charged Mr. Bivins’ guardianship estate over $1,000,000 in legal fees while liquidating real estate assets at values detrimental to the estate and entered into self-serving agreements with third parties that failed to serve the best interests of the guardianship estate.

During the guardianship, the court record reflects that Mr. O’Connell and Ms. Crispin also filed lawsuits against both of Oliver Wilson Bivins Sr.’s children and funded the litigation through the substantial assets of their incapacitated father.

The jury’s $16,400,000 verdict award against Brian O’Connell and Ashley Crispin, for actions taken in connection with the guardianship, presided over in the guardianship court by Judge Martin Colin, marks yet another entry into the intrigue surrounding professional guardians in the Palm Beach County Guardianship and Probate Courts.

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.

After the verdict, the Estate’s lead counsel, Ron Denman, commented “through the jury verdict, it appears the people of south Florida demand accountability from the lawyers (and guardians) appointed by the legal system to represent the interests, and protect the assets, of its incapacitated citizens.”

Press Release from the
The Bleakley Bavol Law Firm
Tampa, FL
www.bleakleybavol.com"

Source
http://aaapg.net/florida-jury-awards-16-4-million-against-guardianship-attorneys/

Sounds Like Pattern and Practice to Me. Racketeering perhaps? RICO?

Sunday, July 30, 2017

Florida Attorney Alan Rose of Mrachek, Fitzgerald, ROSE, Konopka, Thomas & Weiss Law Firm Does NOT want to Sue Blogger Crystal Cox nor does Alan want to ask for retractions, or prove anything is false on her blogs. INSTEAD Alan Rose of Mrachek Law wants to file Contempt of Court against one of the Victims of Florida's Predatory Probate Courts and attempt to punish a 3rd party for my Reporting on what I believe is Fraud on the Court whereby Attorney Alan Rose has knowingly lied to the courts for 5 years and has caused MASSIVE Damage to his Victims.

Attorney Alan Rose wants to SILENCE Investigative Blogger Crystal Cox.  

So he ASKS the courts if he can file a Contempt of Court, to hold someone else accountable for what he CLEARLY claims she is Posting and is on her blogs.

ATTORNEY ALAN ROSE
Attorney Alan Rose does not have the balls or the backbone to Sue Crystal Cox and go through proper channels, so he simply goes after a third party of which I, Crystal Cox, am  reporting on and have been for a decade.

If anything on my blogs is not correct, then I invite you Alan Rose to Obey the Law and send me an email showing what I posted and your without a doubt facts that it is not correct. Consider Shield Laws, Retraction Laws, Civil Rights and of course that Pesky First Amendment.

Now when you Sue me be sure and file your Legal Action in Federal Court, so we can get down to the Facts of your Fraud on the Courts and why you really want to SHUT ME UP.

Attorney Alan Rose knows how to reach me, yet for some reason Alan Rose would rather piss in the wind per say, and file a foot stomping tantrum throwing Contempt of Court against Eliot Bernstein, one of the many Victims of the Courts I have reported on for 17 years, and having over 2000 blogs and millions of posts, along with a World Famous Defamation Case of which I won in appeals court.

So Alan Rose SERVE ME. SUE ME if you must.  I am Ready and Waiting for your Dribble. Now be sure and TELL THE TRUTH, the WHOLE TRUTH AND NOTHING BUT.  

Attorney Alan Rose lied about Eliot Bernstein in a Court of Law for 5 years, Judge conspired with him, it seems and deemed Eliot Bernstein was NOT a beneficiary when he clearly was. Now he has been caught and a new Judge, 5 years in said Eliot is a beneficiary. So for 5 years Eliot was gagged as they pilfered the estate, drove him into poverty and caused clear and immeasurable damage.  Alan Rose state lies to a court that has led to 5 years of expense and massive stress to say the least. His lies has denied Eliot a voice in the Illinois case as well, with a 1.7 million dollar life insurance claim and NO POLICY. The List goes on and on.. and now he wants to point the finger at ME, at Eliot Bernstein, the main Victim in his, what I see as, CRIMES? Makes No Sense to me.

Alan Rose has lied about SO so sooooo very much over 5 years. It would be Fun to be sued by this Fraud on the Court IDIOT. I would love to further Expose him.

Click Below to Read Alan Rose's, I wanna file Contempt request
https://drive.google.com/file/d/0Bzn2NurXrSkiTDE0aEtZWG5yZUU/view


Also Check Out these Posts for Fun




Cease and Desist Letter to Guardian Diana Lewis, as Seen in Exhibit attached to ALAN Rose's whiny dribble to the court to hold Eliot in contempt.
https://drive.google.com/file/d/0Bzn2NurXrSkiUW9tV0lNa2NKcFk/view

 Mrachek, Fitzgerald, ROSE, Konopka, Thomas & Weiss

Look What Whiny Attorney Alan Rose wants "the Courts" to Do "For Him" in Order to STOP his Ship of Fraud on the Courts, Deliberately Misleading the Courts, and well Flat out Lies to the Court from SINKING.

"Movant seeks an order finding Eliot Bernstein in contempt and awarding appropriate
sanctions, which should include the following:

a.   striking all of his pro se court filings and precluding him from further
participation in this case;"

What this really means is Please your Honor remove all that TRUTH from the RECORD, I just hate it when I get caught committing fraud on the court and deliberately / knowingly lying about stuff.  Ya I know I lied to the court for 5 years and claimed Eliot was NOT a beneficiary and did so with Full Knowledge of the Facts, however, if you could just "precluding him from further participation in this case", I would greatly appreciate it.

" b.   ordering Eliot and those in concert with him immediately to cease and desist
all further contact with or harassment of Diana Lewis, as Guardian ad Litem; "

This really means, Please your Honor, my Fraud is unraveling and my Co-Conspirators are getting mad at me, and well I may be disbarred and have to pay millions upon millions in Liability for the damage I have caused Eliot and his family. Please I beg you to Order Eliot to NOT expose the Predatory Guardianship of his children and I demand that his ADULT children sit down and shut up and have no say over their own rights either.

Oh and I Demand that you order those in "concert" with Eliot cease and desist contact or harassment. What I mean by that is STOP that Crazy Crystal Cox from reporting on the known fraud I and my co-conspirators have committed on this court, and STOP Eliot from talking to anyone anywhere that may have information on the laws I am breaking.  PLEASE Pretty PLEASE your Honor.

""c. ordering Eliot and those in concert with him immediately to remove all
postings on the internet which reference Diana Lewis, as Guardian ad Litem;""

WOW. I guess this means just what it says. Please your Honor VIOLATE the First Amendment Rights of Crystal Cox, Break the Law and Order that she not be able to report on the Predatory Guardianship in the State of Florida. Remove the TRUTH from the Big Ol' Internet at Once. 

Too Funny Really, as this is IMPOSSIBLE. The Truth has already been set free, and Alan Rose himself ads the Cease and Desist letter to the filing. The Letter is in the Courts, it is Public Record and anyone can post it anywhere, ya big Dummy.  

If I post something in the courts, do I not have Absolute Privilege? Well the Bad Guys in Obsidian v. Cox sure did, you may want to look over that case as you try and BAN ME PERSONALLY from the FIRST AMENDMENT.

Diana Lewis is a Guardian ad Litem. The records clearly show this. Though Court Transcripts call her Judge Lewis instead of Guardian, still it is a fact she is NOT a Judge in this case she is a Guardian ad Litem.  From what I have seen and read Diana Lewis has a Predatory Guardianship over Adults whom she and co-conspirators claimed were minors in order to give money and assets to other parties. Guardian Diana Lewis has been told countless times that these guys are not minors but ARE ADULTS.

Yet Guardian Diana Lewis, for some reason, REFUSES to follow Florida Statutes and notify the courts and withdraw her representation of ADULTS who had no GAL hearing and no Due Process. Guardian Diana Lewis seems to be violating statutes by not letting the courts know when one of them turned 18, and that the other one has been an ADULT the whole time and yet she made HUGE financial and life changing decisions for them.

Yes Judge Philips made his Order that this Predatory Guardianship happened, but that is no excuse for former Judge, Guardian Diana Lewis.

She knows Florida Law and has experience. She has willfully and wantonly violated Florida statutes, as far as I see it, and she and her insurance provider are liable to the victims of these knowingly fraudulent actions, Period.

Diana Lewis is not some new person with no experience in all this, she was a Professional, a Judge, an Attorney I believe in Florida, and she knows Full that she is and has broken the law. As far as I see it Guardian Diana Lewis has INTENTIONALLY harmed these young men, and Alan Rose wants NO ACCOUNTABILITY for himself and Ted Bernstein and NO TRANSPARENCY via my Blogs. So he goes after someone who has NOTHING to do with what I post. Yes I get information, take interviews, however, I and I ALONE decide what I put on my blogs and how I do it and I do so in Private with no input from anyone;

Attorney Alan Rose, instead of going directly to the source, tries to get the Courts to Punish Eliot Bernstein who is one of the Victim of Florida Court Corruption I am Reporting on, and have been for over a decade.  Why not Sue me Alan, you know how to Reach me? Why are you acting as if a Victim of your Actions is the one posting MY BLOG POSTS?

"d.   as a further sanction, ordering Eliot immediately to remove every single posting on the Ted Bernstein report and http://tedbernsteinblogspot.com, every posting anywhere concerning these trusts, estate, fiduciaries and/or beneficiaries, and forbidding any and all future posting relating to this case;"

What a Bunch of Whiny Dribble. Eliot Bernstein does not own, has never owned nor controlled http://tedbernsteinblogspot.com . Eliot Bernstein has NO WAY to remove anything from MY BLOGS. Eliot has never EVER posted on that blog and has never had passwords to ad or edit in any way.

Alan Rose wants ME to REMOVE "every posting anywhere concerning these trusts, estate, fiduciaries and/or beneficiaries, and forbidding any and all future posting relating to this case". That is so funny, this case has been going on for 5 years, Simon Bernstein was the Chairman of the Board of iViewit and I have been reporting on that case for a Decade now, before Simon Bernstein passed away, or was murdered. There are thousands of posts, hundreds of thousands of documents, many blogs, websites, and other online media that have reporting on all this and for some reason Whiny Alan Rose thinks that a Probate Court in Florida can Order that all this be removed from the Internet, with no consideration of the First Amendment what so ever? WOW.

What about all the other cases connected, and the Illinois case in this same Estate Probate, where there is NO Insurance Policy yet a big fight over 1.7 million? Can I pretty please post on those cases. Just Kidding, I will Post on what I want to, it is my First Amendment Right and it is the TRUTH.

Alan Rose seems to thinks Contempt for Eliot is the way to go about removing the TRUTH from the Internet. Sounds like the Sanction / Spanking, attorney Alan Rose wants is to SHUT UP MY BLOGS. Wow. Quite a tactic really. Going after a 3rd party who has NOTHING to do with what I put or don't put on my Blogs.  What's the matter Alan, to scared to come directly at me in the courts. Don't you want to Sanction Me? The OWNER and Author of the BLOGS? Ya Big Lug.

Sounds like Alan Rose wants the courts to violate Eliot Bernstein's civil rights and punish him somehow for something he clearly states that is being done by this infamous Investigative Blogger Crystal Cox

"e.   and an award of costs and attorneys' fees against Eliot Bernstein."

Um what? Are you kidding here Alan. You have driven Eliot to poverty, where are you going to get this sanction money? You think a Judge is going to say Eliot has to pay you to come after him for what I, Crystal Cox, says or don't say? WOW you are Dumber then I Imagined. Good Luck with that one Ding Bat.

"WHEREFORE, Successor Trustee, Ted S. Bernstein, respectfully requests that this Court
find Eliot in contempt of Court, take such remedial steps as warranted, enter appropriate sanctions"

Yes indeed, I could not agree more, we all pray for "appropriate sanctions", as Judge Colton said, why are these guys not disbarred and in prison?  

I pray DAILY for  "appropriate sanctions" against Alan Rose, Ted Bernstein, Brian O'Connell, Judge Philips, Judge Colin, Marc Manceri, Donald Tescher, Robert Spallina, Diana Lewis, and ALL those who have committed deliberate and known Fraud on this Court. They state things, such as Eliot is not a beneficiary and it was taken as FACT and ya how about some "appropriate sanctions" that would be a refreshing change of pace. It has been 5 years of these Absolute LIES by Attorney ALAN Rose to the courts, and he is fit throwing mad because the public at large can see his Fraud on the Courts, and his blatant lies as Officers of the Court.

Grow a Set Alan !!! Tell the TRUTH for a Change.




Friday, July 28, 2017

Statement From Bill Stansbury, " Eliot called Alan Rose as a witness and when Eliot asked him about not providing information to the attorney he is trying to retain for his children, Alan Rose indicated that he wasn't giving her anything."

Below is an Affidavit from Bill Stansbury, this is the same John Phillips who knowingly put an adult, in a minor guardianship to usurp his legal rights without an adult guardianship hearing.

Click Below for More on Guardianship Issues in the Estate of Simon Bernstein Case.
Cease and Desist Letter Regarding Guardianship https://drive.google.com/file/d/0Bzn2NurXrSkiUW9tV0lNa2NKcFk/view

Judge John Phillips seems to have served up RETALIATION in order to protect Rampant Fraud, Corruption, Forgery, and Civil Rights Violations in the Florida Courts.

Judge John Phillips was the head of the GAL program for minor guardianships. Where was the oversight in all this and why now do Florida Courts still uphold the Predatory Guardian rulings of Rogue Ranting Judge John Philips?

Below is an Affidavit from Bill Stansbury

Signed William E. Stansbury,
Dated the 29th of February 2016 

"My name is William E. Stansbury and I am a competent adult residing in Palm Beach County,
Florida. I am voluntarily writing this in the hope that any consideration to appoint a Guardian
ad Litem (GAL) for the children of Eliot and Candice Bernstein will be dismissed without merit.

Based on the information provided on the Florida GAL website, the Florida GAL Program is a
partnership of community advocates and professional staff providing a powerful voice on
behalf of Florida's abused and neglected children. 

GAL is central to fulfilling society's most fundamental obligation by making sure a qualified, compassionate adult will fight for and protect a child's basic human right to be safe, to be treated with dignity and respect, and to learn and grow in the safe embrace of a loving family.

As a father of 3 children and 5 grandchildren, I wholeheartedly support the mission and
purpose of the GAL program when a child's basic human right to be safe, to be treated
with dignity and respect, and to learn and grow in the safe embrace of a loving family is
challenged.

The Florida GAL program is not intended to be used as a weapon to threaten, harass or extort parents. 

Sadly, however, I believe that may be what is occurring with Eliot and Candice
Bernstein. I express this belief after having sat through numerous court hearings since 2012
and following the corresponding Palm Beach County, Florida cases that have involved the
Estates of Simon and Shirley Bernstein and their respective testamentary instruments, including
Case Nos. 50-2012-CP-004391-XXXX-SB (In re: Estate of Simon Bernstein), 50-2011-CP-000653-
XXXX-SB (In re: Estate of Shirley Bernstein), 50-2015-CP-002717-XXXX-NB, 50-2015-CP-001162-XXXX-NB, 50-2014-CP-002815-XXXX-NB, and S0-2014-CP-003698-XXXX-NB.

I have personal knowledge of the following matters that have transpired in connection with
certain of the above-referenced cases when Judge Colin was presiding:

1) Florida licensed attorneys Donald Tescher and Robert Spallina (T&S) drafted certain
testamentary instruments for Simon and Shirley Bernstein. 

Through Eliot's investigative efforts, Spallina admits to the court and the police that, after Shirley's death, Spallina changed certain terms in her testamentary instruments and sent same through the U.S. mail to Florida licensed attorney Christine Yates. Ms. Yates was retained by Eliot to represent his family after his father's passing in 2012.

In addition to drafting testamentary instruments for Simon and Shirley Bernstein and changing certain terms in Shirley's documents, T&S were also appointed and served as the initial personal representatives of Simon's estate and successor trustees of Simon's revocable trust.

I believe that Eliot's investigative efforts were the primary reason that T&S's acts were discovered, and that same began Eliot's quest for the truth.

2) T&S paralegal, Kimberly Moran, pled guilty to forging signatures on certain probate
documents in the Estate of Shirley Bernstein and to notarizing those documents. I
believe that Eliot's efforts helped expose Ms. Moran's unethical conduct.

3) Attorney Spallina filed certain estate closing documents with the court in the Estate of
Shirley Bernstein that were signed by Simon Bernstein, as the purported personal
representative of Shirley's estate, notwithstanding that Simon passed away several
weeks before such documents were filed.

I believe that Eliot's efforts were the primary reason that Spallina's conduct in connection with these court filings was exposed.

4) As evidenced by a court transcript from a hearing in one of the above-referenced cases,
Judge Colin stated twice that he had heard enough to read several officers of the court
their Miranda rights. 

However, Judge Colin did nothing to address the corresponding issues and allowed these very same officers the opportunity to continue to practice in his courtroom. To no avail, Eliot brought such circumstances to the attention of Judge Colin.

5) Attorney Spallina submitted a claim to Heritage Union Life Insurance Company through
the U.S. mail for payment of an approximately $1.7M death benefit on a policy owned
by Simon Bernstein personally.

The records from the insurance company list the Simon Bernstein Irrevocable Trust N.A. executed in 1995 (the "1995 ILIT") as the contingent beneficiary (the primary beneficiary was LaSalle National Bank).   Spallina represented himself on the claim form submitted to the insurance company as the trustee of the 1995 ILIT.

Subsequently, Spallina admitted that he had never seen the 1995 ILIT and no
idea what its terms were. 

To make matters worse, Spallina and four out of five of Simon Bernstein's adult children (Eliot's brother (Ted), and Eliot's three sisters (Pam, Jill and Lisa)) were involved in a scheme that would get the money to those four children. 

Spallina engaged in such conduct not withstanding his duty to advocate as personal representative of Simon's estate and successor trustee of his revocable trust for the
proceeds to be paid to the estate and ultimately the revocable trust. Simon's revocable
trust is the sole residuary beneficiary of his estate; Simon's grandchildren are the
beneficiaries of Simon's revocable trust. Without a copy of the trust, 
Heritage Union refused to pay the claim.
I believe that Eliot's efforts helped to expose Spallina's actions.


6) Eliot's brother, Ted Bernstein, filed a breach of contract lawsuit in Illinois against
Heritage Union for not paying the above-referenced insurance claim (the "Illinois
Litigation").

Ted filed the Illinois Litigation as the purported trustee of the 1995 ILIT the
very same trust under which Spallina had previously claimed to be the trustee.

Ted Bernstein was aware of the actions of Spallina, yet went along with them until the
scheme fell apart, and then Ted suddenly remembered that he (Ted) was the trustee of
the 1995 ILIT. 

If Ted Bernstein prevails in the Illinois Litigation, he and his sisters will
benefit from the $1.7M unpaid insurance death benefit.


Eliot has opposed this scheme that benefits his siblings (and possibly himself) to the exclusion of Simon's estate and his grandchildren, including Eliot's children and the other grandchildren of Simon.

Florida licensed attorney Peter Feaman has brought to the attention of Brian O'Connell
(successor PR of Simon's estate) and Alan Rose (Ted Bernstein's attorney) that there
appears to be a conflict of interest where Ted is serving as successor trustee of Simon's
revocable trust that would benefit from the insurance proceeds (trust beneficiaries are
the grandchildren) of the never seen nor found
1995 ILIT that benefits Ted and his siblings. 

I find it extremely ironic and disingenuous that Ted Bernstein has requested the appointment of a GAL for Eliot's children while he simultaneously is trying to wrongfully divert funds from Eliot's children and Simon's other grandchildren through his initiation and pursuit of the Illinois Litigation.

7)   Ted Bernstein is the alleged successor trustee and successor personal representative of
the revocable trust and estate of Shirley Bernstein.

He represented to the court that the personal property of Shirley Bernstein in her condo was inventoried and moved to the residence of Simon Bernstein for safekeeping.

Thus, the personal property in the condo is an asset of the estate of Simon Bernstein. Inventories of personal property from the condo show significant discrepancies. 

Eliot has insisted for a complete accounting of all personal property, as he is listed as a beneficiary of Simon's personal property (which would have included Shirley's personal property as her will left all of her personal property to Simon when she passed away, survived by Simon).

8)   In 2014, T&S resigned as successor trustees of Simon's revocable trust.

T&S appoint their friend, Ted Bernstein, as successor trustee of Simon's revocable trust. Ted was not
listed as a trustee by his father in Simon's revocable trust.

Florida licensed attorney Brian O'Connell was appointed by Judge Colin as the successor
PR for the estate of Simon Bernstein in 2014.

He assumed this fiduciary responsibility from Florida licensed attorney Benjamin Brown who was appointed by Judge Colin as curator for the estate when T&S resigned. Mr. O'Connell read the 2012 restated revocable trust of Simon and brought to the attention of Judge Colin that it does not
appear that Ted is qualified to be appointed as trustee based on the trust language.

Since the fall of 2014, Eliot has been requesting O'Connell to call up a hearing to have
the court determine if Ted is properly serving.

As of the date of this instrument, I am
not aware that O'Connell has taken any action.

I have personal knowledge of the following matters that have transpired in connection with
certain of the above-referenced cases when Judge Phillips was presiding:

1) A status conference was scheduled for Simon Bernstein estate by Brian O'Connell, but
Alan Rose chose to discuss the Shirley Bernstein estate and trust. Rose represented to
the court that the Shirley trust was also scheduled for the conference.

Peter Feaman and Eliot objected on the record, but to no avail.
The Court ruled to have hearings in
Shirley's estate and trust and not Simon's estate.

2)   Attorney Peter Feaman advises the Court that Judge Colin did not follow proper
procedure in steering the Bernstein cases to the North Branch post recusal. 

The Court tells Mr. Feaman that's what the 4th DCA is for, even though the Court knew or should
have known that the recusal/transfer orders were on appeal at the Florida Supreme Court.

3)  On December 15, 2015 I attended a hearing to determine the validity of the Simon and
Shirley wills and revocable trusts. 

Eliot Bernstein advised the Court that he had an attorney for his children but this attorney requested from Alan Rose copies of all documents, to include his children's' trust documents to review prior to the trial. 

Apparently, Attorney Rose did not send her anything. 

The hearing was not stayed until the children had counsel, and the judge ordered the trial to proceed with the children not having counsel present.

4) At the hearing on December 15, 2015, Alan Rose called two witnesses to verify that the
documents were authentic. The first was Robert Spallina - the same Spallina who
admitted to changing testamentary document language and mailing it to Eliot's family
attorney, using a dead man (Simon) to close the estate of Shirley, and submitting a claim
form to Heritage Union for Simon's life insurance when he knew he was not the trustee
of the 1995 trust.

As of this writing, I am not aware that anything has been done by the court to address the admissions of wrongdoing by Mr. Spallina. 

The second witness called to validate the documents was Ted Bernstein. He admitted that he had not seen an original of the documents. 

None of the witnesses to the documents, nor the notary were called to testify. Additionally, no original documents were provided at the trial, nor was any forensic handwriting expert called to testify, nor was any forensic expert retained by Ted to validate documents after Spallina admitted to changing the language in at least one testamentary document.

5)  I attended a hearing on February 25, 2016 in Judge Phillips' courtroom. 

The purpose of the hearing was to determine if a Guardian ad Litem should be appointed for Eliot's minor children. Eliot called Alan Rose as a witness and when Eliot asked him about not
providing information to the attorney he is trying to retain for his children, Alan Rose
indicated that he wasn't giving her anything. Eliot requested additional time to call
witnesses, but his request was denied by the Court, which seemed unusual to me in
light of the seriousness of the hearing.

Here is what I have observed in the home of Eliot and Candice Bernstein:


1) Happy, bright, respectful children who aren't embarrassed to tell their parents they love
them in front of other people.

2) Children who understand that when a guest enters their home that they get up and
acknowledge them.

3) Children who are always grateful for the smallest courtesy extended to them.

4) Parents who tell their children how much they love them.

5) Parents who teach their children that virtues like honesty and integrity are more
important than money.

Eliot and Candice have created a loving nurturing home for their children. They are outstanding
role models as parents. For anyone to suggest that they have a conflict of interest with their
children is absurd. They are a family unit and none of them view something that is good for
one as bad for another.

Based on my observations, Eliot and Candice Bernstein are not the "bad guys" in these estate
matters.

I believe they are being portrayed this way because they have exposed inappropriate actions
by officers of the court - the very officers who have an affirmative duty to assure justice is
done.

They are being portrayed this way because they refused to go along with Eliot's siblings in their
scheme to capture Simon's life insurance proceeds.

They are being portrayed this way because they believe that Ted Bernstein has hijacked Shirley
Bernstein's trust and made distributions that are very questionable.

They are being portrayed this way because they believe that, by having Ted Bernstein serving as
trustee of Simon's trust, that the directives of Simon Bernstein in that document are not being
honored.

They are being portrayed this way because those that are asking for them to lay down and quit
searching for the truth know they never will.

It appears to me that the Florida GAL is being used as tool to try to punish Eliot and Candice for
not keeping their mouth shut when they saw what was occurring.

My observation has led me to the conclusion that many people in these estate matters should
have someone watching over them, but I am confident that it is not the children of Eliot and
Candice Bernstein."

Signed William E. Stansbury, Dated the 29th of February 2016 

Source of Post with Signature
https://drive.google.com/file/d/0Bzn2NurXrSkiT0RVMDVQTzd3NkU/view?usp=sharing


Below Are Research Links Connected to the Topics Above

Judge Martin Colin Hearing / Miranda Rights
https://docs.google.com/file/d/0Bzn2NurXrSkia3NzaDd1NG45aUk/edit

Sheriff Report, Robert Spallina

Research Link to Fraud, Forgery, PBSO Report, Coroner Report and More
http://tedbernsteinreport.blogspot.com/2015/03/looks-to-me-like-palm-county-sheriffs.html

Police Report
https://docs.google.com/file/d/0B4ZpIy6bF_V_Z002OU9BaFQ5ODA/edit

Sheriff and Coroner Reports / Information
http://www.iviewit.tv/SheriffandCoroner.pdf


Research on Simon Bernstein Death (remember there was statements from Dr. Bell the Night Before, More on that at a Later Date)
http://tedbernsteinreport.blogspot.com/2014/07/what-really-happened-in-sudden-death-of.html


Court Motion Discussing Simon Bernstein Closing and Estate after he Died
https://docs.google.com/file/d/0Bzn2NurXrSkiRDZGYjVlVnVoQm8/edit

Palm Beach Sheriff Offic Research Links Related
http://tedbernsteinreport.blogspot.com/2017/07/pbso-research-links-related-to-estate.html

Kimberly Moran State of Florida Notary Suspensionhttp://www.flgov.com/wp-content/uploads/orders/2013/13_291_moran.pdf
Response to Florida Governor in Kimberly Moran Notary Fraud, Forgery Case
https://drive.google.com/file/d/0Bzn2NurXrSkiOVFPR0I0YllQUFU/edit?usp=sharing

Kimberly Moran, Florida Notary Fraud Police Report

Notary Public Comparison of Signatures and Dates, Evidence in Kimberly Moran Notary of Tescher and Spallina Law Firm Fraud, Forgery Case
https://drive.google.com/file/d/0Bzn2NurXrSkiU2FsT0hfVEhocWM/edit?usp=sharing


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 --

JUDGE COLTON:· Really?

· · ·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
prison?

To Read Full Transcript Click Below (page 10 and 11)
https://drive.google.com/file/d/0Bzn2NurXrSkiN1haOThyNXVhMGc/view?usp=sharing


Tescher and Spallina SEC Charges
https://www.sec.gov/news/pressrelease/2015-213.html

Police Report Filed by Ted Bernstein claiming his father Simon Bernstein had been murdered.
(It is marked "Medical Information"), yet it was called in as a MURDER.

More on Police Report

Murder of Chairman of Iviewit Simon Bernstein? Attorneys Robert Spallina & Donald Tescher Admit Law Firm Violated Law

So Mail Fraud, Forgery, Kidnapping Civil Rights, Predatory Guardianship, Alleged Murder with NO Investigation seemingly, Mortgage Fraud, Real Estate Fraud, and Lot's More. Where ARE the State and Federal Authorities in All This?

Judge Roger Colton in for Judge 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 --

JUDGE COLTON:· Really?

· · ·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
prison?

To Read Full Transcript Click Below (page 10 and 11)
https://drive.google.com/file/d/0Bzn2NurXrSkiN1haOThyNXVhMGc/view?usp=sharing

"·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.
· · ·MR. ELIOT BERNSTEIN:· Yeah.
· · ·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?
· · ·MR. ELIOT BERNSTEIN:· It is.
· · ·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
doing.

· · ·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
deposition.

· · ·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
conflict.·

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
Court."

"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
us.
· · ·JUDGE COLTON:· Okay.
· · ·MR. ROSE:· But that's the written final
argument.
· · ·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
witnesses.
· · ·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
play.

· · ·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.
https://drive.google.com/file/d/0Bzn2NurXrSkiUW9tV0lNa2NKcFk/view


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
Bernstein.

· · ·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
apologize.

· · ·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
motion.
· · ·JUDGE COLTON:· That's just the style of the
case.
· · ·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
https://drive.google.com/file/d/0Bzn2NurXrSkiN1haOThyNXVhMGc/view?usp=sharing