Exploiter Of The Elderly Suing For Defamation
Patience Bristol Jailed
- Jared Shafer Still At Large
Bristol's mug shot, Jared Shafer signals displeasure to judge at guardianship
hearing (click on images for videos)
Register of Actions Case No. 13F15454X
of Nevada vs. Bristol, Patience Marie
by Defense for an O/R Release objection by State - motion
Minute Order - Department 05 (Judicial Officer: Pro Tempore, Judge )
Preliminary Hearing (10:00 AM) (Judicial
Officer Cruz, Cynthia)
INSIDE VEGAS by Steve Miller
October 14, 2013
LAS VEGAS - At 9:30 AM on Tuesday, October
15, in Clark County District Court Dept. 31, Judge Joanna Kishner will
be asked to rule on a motion filed by attorney D. Brian Boggess whether
to allow a Defamation of Character lawsuit to proceed against his client
Rebecca Schultz with no evidence and a seriously flawed list of Plaintiffs
that include accused Ponzi schemer Jared Shafer and his jailed "private
guardian" protégé Patience Bristol who has allegedly stolen
millions of dollars from Shafer's elderly wards.
|Case No. A-12-671427-C
Date Filed: 11/02/2012
Judge Joanna Kishner
E. SHAFER; an individual;
SOLOMON DWIGGINS &
a Nevada professional
ALAN D. FREER, an
D. SIMPSON; an individual;
an individual; AMY DEITTRICK,
an individual; PROFESSIONAL
INC., a Nevada corporation;
OF NEVADA, INC.,
a Nevada corporation;
& KING, a Nevada
REBECCA SCHULTZ, an
DOES I through 20,
In 2008, while Patience Bristol was ripping
off Professional Fiduciary Services of Nevada (PFSN,
Inc.) wards, her then-boss and mentor Jared Shafer, CPA Shawn King,
and their cronies were Defendants
accused by the U.S. Securities and Exchange Commission of participating
in a "Ponzi
Scheme" that "fraudulently offered and sold approximately $180 million
in unregistered notes to more than 800 investors, many of whom were senior
After being named as Defendants, Shafer
and King agreed to return the ill-gotten money in order to escape prosecution.
Four years after the Ponzi case was settled,
in November 2012, Bristol, Shafer, and King sued Rebecca Schultz, the daughter
of former PFSN, Inc. "ward" Guadalupe
Olvera, for libel purportedly to try to restore their tarnished reputations,
but more likely to punish her for successfully removing one of PFSN's most
lucrative clients from Bristol and Shafer's custody, and to send a message
to the families of other PFSN, Inc. wards to not do the same.
On Tuesday, Plaintiff's attorneys will
be in court to answer Schultz' Motion to Dismiss or in the Alternative
for a More Definite Statement. Under the Federal Rules of Civil Procedure,
...if a pleading to which a party may respond is too vague or ambiguous
so that the responding party could not reasonably be expected to respond,
the responding party may move for a more definite statement. That's
exactly what Tuesday's hearing is about, to force Bristol, et. al. to provide
solid evidence Schultz anonymously authored dozens of purportedly slanderous
Reports (which I now believe were mostly truthful).
OPPOSITION TO DEFENDANT REBECCA SCHULTZ'S MOTION TO DISMISS AND MOTION
FOR MORE DEFINITE STATEMENT
"This Opposition is
based upon the memorandum of points and authorities contained herein, the
pleadings and papers on file with the Court, and any oral argument
that this Court may hear on the date set for hearing.
have good reason to believe that Defendant Schultz individually
authored each such defamatory posting, or reviewed, edited, and/or otherwise
coordinated the posting of the same pursuant to a conspiracy to do so with
other, as of this time, unknown individuals.
In fact, the defamatory
statements correspond directly with events occurring during the guardianship
proceeding... which Plaintiffs believe were authored and published
by Defendant Schultz, under the cover of online anonymity and fictitious
the Plaintiffs. in ripoffreport.com, and elsewhere, align with events
occurring in Guardianship Court during the Olvera guardianship proceeding,
and the statements reflect general events and allegations she made during
the course of the guardianship proceeding.
as true that Schultz is the author of the defamatory postings,
this Court must conclude that Schultz targeted the individual Plaintiffs
and intended that the consequences of her defamatory statements would be
felt by Plaintiffs in Nevada.
The factual allegations
sufficiently allege that all of the Defamatory Statements, a small sample
of which are stated in paragraph 34 of the Complaint, are attributable
directly to Defendant Schultz or a co-conspirator
of hers pursuant to a common scheme designed to maximize
exposure of their defamatory statements and publications to the public.
a co-conspirator of hers, continued to make Defamatory Statements
they attribute to Defendant Schultz, and her
co-conspirators, if they exist."
During the guardianship proceedings referred
to by the Plaintiffs, numerous people following the Guadalupe Olvera case
were in the courtroom, and any one of them could have been the author of
the Ripoff Reports. So its incredulous that only Rebecca Schultz is being
Over the past decade, there were dozens
of fleeced family members who could have used Ripoff Reports to vent anger
about their treatment by court appointed guardians and the guardian's high
eleven months to positively identify the authors, and failing to do so,
Kishner (left) lets this case continue with such flimsy evidence as:
"Plaintiffs have good reason to believe," "unknown
individuals," "accepting as true," or "her
co-conspirators, if they exist," Schultz can not reasonably be expected
to respond effectively, or mount an effective defense, which is the purpose
of a SLAPP
The burden of proof is on the Plaintiffs,
and after eleven months to conduct discovery, they've failed to identify
Rebecca Schultz as the author of even one Ripoff Report.
The highly respected news team at
TV's 8 News Now showed a Google page of the Bristol/Shafer Ripoff
Reports on their evening newscast calling the reports "consumer complaints"
in their October 9 newscast saying, "A quick Internet search shows Bristol
has a history of consumer complaints against her." "Until recently we're
told Bristol worked for a private guardian company owned by former Public
Guardian Jared Shafer."
Maybe Bristol/Shafer, et. al. should sue
KLAS TV for calling Ripoff Reports "consumer complaints?"
TV's George Knapp,
two-time Peabody Award winner as well as a 19-time Emmy Award-winning journalist
The arrest of court-appointed guardian
Patience Bristol for allegedly stealing piles of dough from the accounts
of the elderly people she was supposed to protect is truly the
tip of a very large iceberg. The guardianship racket that has been
sanctioned by local courts has allowed untold numbers of people to see
their bank accounts fleeced by unscrupulous thieves. There is SO much more
Las Vegas City Life http://lasvegascitylife.com/sections/opinion/knappster/sheriff%E2%80%99s-choice-successor-undecided.html
There IS so much more to come!
Detectives are asking anyone who believes
they, a friend or a family member may have been a victim of Bristol or
Shafer to contact police at (702) 828-3251 or remain anonymous by calling
Crime Stoppers at (702) 385-5555.
Then there's the Las
Vegas Guardian Express (above) that took it a step further writing:
"In total 66 reports have been made on ripoffreport.com against Patience
Bristol and 84 reports have been made so far against Jared Shafer. The
company which started in Las Vegas have now had complaints from families
of elderly citizens in Nevada, Oregon, Arizona, California, and Washington."
Neither 8 News Now nor Guardian
Express identify Rebecca Schultz as the author of the complaints.
Jared Shafer has been offered numerous
opportunities to give his side of this story on INSIDE VEGAS, but failed
to respond, therefore I'll give the last word to three of his victims who
offer their personal opinions:
|WE TOLD YOU SO!!!!! Thank God, all
of us victims feel so vindicated by Bristol's arrest! We've been trying
to tell everyone for years that Patience Bristol and her mentor and former
boss, Jared E. Shafer were exploiters! Now we have the obvious proof with
Bristol's arrest and charges. But she is the sacrificial lamb at the moment.
Jared E. Shafer, his bookkeeper, Amy Deittrick (AVID Business Services),
his attorneys Tyrell, Freer and Solomon, Guardianship Commissioner Jon
Norheim, Senior Citizen Law Project's Julie Arnold & Carol Kingman,
CPAs Gamett & King, Judge Charles Hoskin, Evie Mills and Carol Brink
of Wells Fargo and several others in this guardianship scam circle have
to be made accountable and soon, for their unethical actions upon innocent
senior citizens and their families. This group of people violated my father's
civil rights and bled nearly all of my parent's life savings by dragging
out a legal battle that should have never happened. All legal fees for
Jared Shafer were paid from dad's Wells Fargo Trust and Evie Mills of Wells
Fargo never questioned duplicate billings, excessive billings and bogus
billings submitted for Shafer's, Deittrick's and Bristol's billings, not
to mention extreme invoices from all attorneys involved. All of these characters
in this travesty appeared to take joy in their lies spewing from their
lips and documents about my father and me. Shafer and his attorneys consistently
tried to make me out to be the exploiter when he and Bristol were! I am
in touch with several other victim family members and every single one
of them say the EXACT same tactics were used on them. Shafer's pattern
is to isolate the "ward" from family and friends, withhold mail, limit
visitations from family, vilify family members to the court, and have doctors
like Melissa Piasecki "evaluate" wards and deem them incompetent when they
are not! Then there are the threats that come from Shafer or his minions
letting family know that if they fight they may be issued an arrest warrant
or be sued. The biggest problem is Guardianship Commissioner Jon Norheim
who sits in Clark County Family Court and agrees with everything Shafer
and his attorneys do and say, violating state statutes and civil rights
to continue abuse on the elderly. Shafer bragged to me and to ALL other
victim families that he controls the judges! And based on all the horrible
experiences we victims have lived through, he definitely was telling the
truth. The state of Nevada and Clark County must stop protecting and allowing
Jared Shafer, Jon Norheim and all the rest of their associates from operating
this guardianship racket. We don't want to see any more victims suffer!
- Rebecca Schultz
Another victim told INSIDE VEGAS:
|When I first started reading the
reports after seeing Patience Bristol on television, I was confused as
to why, all of a sudden, did she get "caught?" But, then I read that
she had been fired by Jared Shafer this past January. Now I finally think
I see why she was caught........ Shafer is using her as a scapegoat, and,
put her out there to distract authorities from his antics. Is there any
way that this "revelation" about Patience Bristol can be used to reveal
the whole story? The entire scope of what has been happening?
Certainly, what I have been reading on the Internet can't be true, that
even federal agencies refuse to investigate this corruption citing that
its a civil issue. The huge scope of physical and financial abuse
and downright stealing is NOT a civil matter. Its criminal! - Name withheld
And the third victim stated:
|My mother-in-law and wife, Heidi
Pascal, were victims of Shafer and Bristol. You can read the full details
of our story on the website of National Association to Stop Guardian Abuse
under Marcy DuDeck?s victim page, http://stopguardianabuse.org/marcydudeck.htm.
In short, Marcy DuDeck, my wife's mother, was physically kidnapped, taken
against her will or abducted, which is only a few ways I can phrase what
occurred. Marcy was ordered by the Nevada courts to remain in California
for the rest of her life and live at Sunrise Senior Assisted living located
in Playa Vista, CA. Marcy had a boyfriend and we thought that was
pretty good for a 91 year old woman. When Heidi and I received calls
from the IRS that Shafer hadn't paid taxes for Marcy?s home on Showcase
Dr. in Las Vegas, and that someone who was not supposed to be living in
the home was residing there, we filed an action to remove Shafer and Bristol.
A court hearing was to take place on August 6, 2009, but on August 4, 2009
Marcy was kidnapped. Before being taken, Marcy weight was 134 pounds and
she was healthy and happy. Five months after being removed, she died
of what the autopsy called dehydration. Her weight was 122 pounds.
I went to the FBI in Los Angeles and was told it was a civil matter.
Also contacted both California and Nevada Attorney Generals and received
the same response. We tried to file police reports with both Las
Vegas and Los Angeles, but the police refused to take a report. In 2011,
through former State representative Brooks Holcomb, I was able to speak
to the Nevada State legislature about the dangers private guardians cause
to citizens of Nevada. They gave me countless pats on the back, but
nothing was done. Other victims have tried to contact the authorities
and have received the same response. One is Joyce Passer and the
other is Rebecca Schultz, and we know there are many others. We believe
there are countless victims that we are not aware of. I can testify to
receiving several threatening calls from Shafer and Bristol. Two
of the calls were in front of witnesses. There is an affidavit on file
with Nevada Family Court about one of those calls. When courts don't
provide an opportunity to testify, important evidence never is brought
forward. That is what Shafer has been living on since 1979 when he became
the public guardian. My wife lost everything from an estate worth
1.2 million dollars. Shafer forces families to sign off with no accounting
and in Shafer's case he served without a bond, another violation of NRS
Chapter 159 Guardian Rules. We have learned that Commissioner Norheim allows
Shafer to act as guardian over estates worth hundreds of thousands of dollars
or more without a bond. He didn't have a bond for Rebecca's father's estate
either, which was worth nearly one million. I wanted the public to hear
from another victim. I can't comment about all of the reports on
the Internet only to say we have spoken with at ten victim's families and
several are afraid to come forward. Something has to be done and
our group is going to do everything possible to stop this before more people
are seriously harmed. - Charles Pascal
INSIDE VEGAS will be in Judge Kishner's
courtroom Tuesday, and will report the outcome immediately in an E-Brief.
(If you would like to receive Steve's frequent E-Briefs about Las Vegas'
scandals, click here: Steve
Miller's Las Vegas E-Briefs)
Based on her incarceration and unpaid $200,000.00
bail, Patience Bristol is not expected to attend Tuesday's hearing to testify
how Rebecca Schultz damaged her professional reputation.
Judge gives Bristol/Shafer et. al. another 90 Days to do discovery
LAS VEGAS - Clark County District Court Judge Joanna Kishner today reluctantly granted a motion by Plaintiff's attorney Alan Freer to give Patience Bristol and Jared Shafer et. al., an additional ninety days to try to prove Rebecca Schultz authored dozens of Ripoff Reports that allegedly damaged Bristol, Shafer and their associate's professional reputations.
Schultz' attorney D. Brian Boggess opened the thirty minute hearing by stating that the Plaintiff's libel suit is based on "allegations" that Schultz "may have done these things."
"Someone posted something" on the Internet. "We don't have an author" stated Boggess.
"Only one article, the one in the Santa Cruz Weekly, has Rebecca Schultz' name on it, and it was her opinion which is protected speech."
"This is a case built on the gossamer threads of whimsy because Rebecca won!" "They are punishing someone who had the audacity to fight back." Boggess reminded the judge that one of the main Plaintiffs, "private guardian" Patience Bristol, is in jail, and told the court, "She was the right hand woman to Jared Shafer." "Many other persons were affected," and could have been the authors. "I have not seen any discovery from the Plaintiffs."
Plaintiff's attorney Alan Freer stated, "In good faith, we have the right to conduct discovery," citing two case law examples.
Judge Kishner replied that the Plaintiffs could already have started discovery. "The decision was previously made to move forward."
Freer responded that he was not sure that was clearly understood at the last hearing.
Judge Kishner stated that absent new evidence, she could dismiss the case today, but will consider giving the Plaintiffs one more chance to conduct discovery.
Boggess did not object, and asked that his Motion to Dismiss be put in abeyance for no longer than ninety days.
Freer went on to state that discovery would consist of subpoenaing records from Ripoff Reports' Internet Service Provider (ISP); obtaining Rebecca Schultz' IP address; and examining Schultz' computer.
"My understanding is that Ripoff Reports has the information and will cooperate," stated Freer.
Boggess responded that Ripoff Reports should be a Defendant.
Freer countered that the 7th Circuit Court ruled that Ripoff Reports cannot be sued for publishing third party submissions.
(According to sources, Ripoff Reports destroys all records regarding third party submissions every 180 days.)
Judge Kishner then ruled that the case will be held in abeyance until January 14, 2014 at 9:30 AM. All supplemental information must be submitted by January 7, and if no new information is presented, she will then rule on Rebecca Schultz' Motion to Dismiss.