Private
Guardian Jared Shafer et al. Stole
Cerebral
Palsy Victim's Inheritance
Under
The Color Of Law
The measure of a civilization
is how it treats its weakest members.
.
Jason Hanson confronts his "trustee" Elyse Tyrell about his missing inheritance
(KTNV TV News screen shots, Click on images for video
and text)
INSIDE VEGAS by Steve Miller
AmericanMafia.com
February 1, 2016
LAS VEGAS - On Friday, January 22, a dramatic
showdown occurred at a meeting of the Nevada
Supreme Court Guardianship Commission between 26 year old cerebral
palsy victim Jason Hanson and attorney Elyse Tyrell, his court appointed
trustee.
Tyrell, who also serves as a Guardianship
Commissioner, artlessly takes advantage of her prestigious position by
touting it on her law
firm's website, this while she participated in or allowed the obvious
embezzlement of Jason, one of the "wards" of the court she's been assigned
to protect since 2006.
Because Jason is intellectually gifted,
and is a beloved client of Opportunity
Village, a charity that helps severely disabled people, the courtroom
was packed with his supporters. After Nevada Supreme Court Chief
Justice James W. Hardesty called him forward to speak, Jason did not disappoint
his admirers when he demanded to know what happened to his missing inheritance
that Tyrell had been appointed as Trustee to administer.
After the heated confrontation and a scathing
TV news report later that day, Tyrell reluctantly sent Hanson an expired
check for $5,520.74 that was back dated from March 27, 2015.
After Tyrell's Federal Express package
was opened by a group home employee, Jason reportedly went into shock when
he saw the small amount of the enclosed Trent, Tyrell & Associates
Trust Account check which comprised the entire balance remaining from his
$80,000 Trust set up at Charles Schwab by his grandmother for his support,
and the proceeds from the sale of a handicap accessible house owned by
his late father that was meant for his son to live in for the rest of his
life, but was sold at a deep discount without court authorization.
Based on his reaction to seeing that someone
had stolen his entire inheritance, caretakers said they thought Jason was
having a heart attack or stroke.
Tyrell provided no explanation for what
happened to the over $75,000 plus interest missing from Jason's trust,
the whereabouts of the proceeds from the unauthorized sale of Jason's house,
and why she just now sent him a check for a fraction of his assets almost
a year after it was written.
Tyrell also did not explain why the check
was not drawn from Jason's trust account. Was it so no one would
know the location of the bank or the account number where his trust was
transferred to, or how much interest Jason's trust had accrued?
The
televised
Hanson/Tyrell confrontation, and her coughing up a tiny check to try to
appease him and his supporters, was inspired by what appears to be a well-orchestrated
robbery of Jason's inheritance by a cartel of professional trustees and
attorneys under the direction of mastermind
private guardian Jared E. Shafer (left). But this time, they
may be messing with the wrong man!
It now appears clear that an incestuous
group of local guardians, attorneys, and trustees were using Jason Hanson's
trust fund as their personal ATM facilitated by the missing required accountings
and the lackadaisical or intentional actions of several family court judges,
a clear violation of Nevada law. And throughout the pilferage, at least
two family court judges approved documents that allowed the theft to occur
without caring one bit about the special needs man being harmed.
However, Jason's robbery is drawing extensive attention, and has put the
spotlight on the type of people who function best in the dark shadows of
Sin City's pseudo-elite social circle.
If my sources are correct, this may be
the beginning of the end for the heartless exploiters and their Family
Court collaborators. All of them may soon be brought to justice by
someone they totally underestimated, a "Rambo in a wheelchair."
I asked a forensic CPA to analyze Jason's
finances. Here is his report:
Steve:
I can't reconcile
the estate finances from 2007 to today based on what was filed with the
court. Typical incomplete accounting.
·
Neither of Jason Hanson's Special Needs Trusts have an asset list or description
of the net worth.
·
The September 2007 estate inventory is at least $189,000. $80,000
for the grandmother's trust and $109,000 for the condo. Savings and
personal goods exist but were considered at $0 based on records. Since
2007, if the trust remained at Charles Schwab, it should have accrued another
$28,000 in interest making it now worth $108,000.
·
Starting inventory in 2007 does not list the $80,000 trust assets presented
in other court documents for the Jason Hanson Special Needs Trust I.
·
June 29, 2009 order transferred the successor trustee from Jason's foster
mother to Jared Shafer as she had moved from Nevada.
·
First accounting as of July 8, 2009 when the foster mother left the state
and Shafer took over for her shows the 2009 initial inventory at $54,845.03,
of which 75% is the home value. The $80,000 plus interest in the trust
is not listed.
·
$40K of his estate is the value of the home and when sold for $47K they
show $7K upside. There is no closing statement for the sale.
The $47,000 appears to be gross proceeds as the itemized expenses were
additional deductions from the sale.
·
House was sold for $47,000 on 7/21/2010 when the market value appears to
be around $109,000
·
Accounting from 2009 to 2013 for the Jason Hanson Special Needs Trust II
shows an ending value of $8,900 as of October 7, 2013. The Charles Schwab
trust remains unlisted.
·
Shafer's attorney Dara Goldsmith filed for fees and was awarded $3,066.88
in early 2014 this should take the balance of Jasons trust to $5,800 as
of February 2014, with no mention of the $80,000+ trust.
·
The court closed the case with an order drafted by Judge Charles Hoskin
on 3/12/15 claiming any orders after September 21, 2007 are vacated due
to lack of subject matter jurisdiction. I have never seen this phrase
referenced to close a case.
·
Hearing Master Jon Norheim then held a final hearing in late March 2015
reiterating the case was closed and did not require an accounting. Again,
the $80,000 trust was never mentioned.
·
Everybody appears to have benefited from Jason's estate and trust but him.
Interestingly it appears Elyse Tyrell became involved in 2006. She
never submitted a bill to the court...i.e. pro bono?...but there is so
much money unaccounted for I would assume Tyrell was well compensated. |
I also asked a veteran attorney who practices
family law what Nevada Revised Statutes appear to have been violated in
Jason's case:
Hi Steve:
Below are the violations that appear obvious.
As most of these wards were placed on Medicaid and being cared for with
public funds, the public should be outraged by what they are hearing.
Court insiders enjoy the estate funds, and the taxpayers pick up the costs.
Also once the funds conversion exceeds $3,500, the charge is felony financial
exploitation. Not submitting accountings, incomplete ones, or not
providing receipts is a misdemeanor, but the financial fraud that occurs
under the shell game is a felony.
NRS159.083
General functions of guardian of estate.
Protect, preserve, manage and dispose of the estate of the ward according
to law and for the best interests of the ward.
NRS159.085
Inventory, supplemental inventory and appraisal
of property of ward must be accurately reported to the court within 60
days of appointment.
NRS159.1495
Fraudulent sale of real property of ward by guardian.
NRS159.177
Annual financial accounting filing requirements
for a guardian of the estate to the court. In fact Jason's 2007 Special
Needs Trust includes a clause on page 16 that required the trustee to schedule
a hearing and present an annual accounting to the court.
NRS159.179
Contents of account and proof of expenses; retention
of receipts or vouchers for all expenditures; proving payment when receipt
or voucher is lost.
NRS200.5092
Penalties defined for abuse, neglect, exploitation
or isolation of older persons and vulnerable persons.
NRS200.5093
Penalties for not reporting abuse, neglect, exploitation
or isolation of older person; voluntary and mandatory reports; investigation;
penalty. [Effective January 1, 2014.]
|
Keep in mind that Jason's case was being
monitored by Family Court Judge Charles Hoskin and his appointed Hearing
Master Jon Norheim from Sept. 2007 through July 2015, and not once did
they require the trustees or guardians to file timely financial reports
per Nevada law.
How it all began
In 2006, Jason's father and primary caregiver
became gravely ill. Learning this, and seeing an opportunity to bilk an
estate that at the time included the $80,000 interest bearing trust fund
at Charles Schwab and a house worth at least $109,000, a far too familiar
scenario began to unfold among a close group of local professionals, a
scenario that has put Las Vegas on the map as a dangerous place for wealthy
elderly persons to retire (see: "Las
Vegas Death Watch"), or in Jason's case, to be poor, overly trusting,
very innocent, physically unable to protect himself, and have assets someone
else desired, i.e., easy marks!
According
to Family Court records; "On
the 4th day of April, 2006, The Honorable William Voy (left), appointed
attorney Francis Ann Fine (left) as Guardian Ad Litem for then 17 year
old cerebral palsy victim Jason Hanson."
William Voy, prior
to being elected judge and serving with Fine on the Family Court bench,
was Jared Shafer's attorney and defended him in over 50 cases brought by
family members of Shafer's court appointed wards. Voy now serves alongside
Elyse Tyrell on the Supreme Court Guardianship Commission. However, after
being informed of Jason's upcoming appearance before the commission last
Friday, and knowing he might be asked why he rubber stamped Francis Fine
initially taking over Jason's assets, Voy was conspicuously absent from
the hearing.
Who is attorney/guardian/trustee Francis
Ann Fine?
According to the Dec.
1, 2000 Las Vegas Sun: "The Nevada Supreme Court Thursday found
that former Family Court Judge Fran Fine of Las Vegas was guilty of 'willful
misconduct' for holding improper meetings on court cases and engaging in
nepotism. The court, in a unanimous decision, upheld the ruling of the
state Judicial Discipline Commission to remove her from office in 1998."
On September 14,
2007, the disgraced ex-family court judge who is barred for life from serving
on the bench petitioned the Clark County Family Court for permission to
control Jason's $80,000 interest bearing trust account. Fine also
asked the court to approve a Supplemental Needs Trust she authored without
Jason's consent or knowledge.
.
Another of Fine's former colleagues, Family
Court Judge Charles Hoskin (left), like Judge Voy, gladly disregarded her
unethical past and put his stamp of approval on the following document
placing Fine in total control of Jason Hanson's person and assets by approving
her plan to author and enact a new trust. Hoskin's actions were then
backed up on many occassions by his Hearing Master Jon Norheim (left).
Voy, Hoskin, and Norheim's blind actions were given as if they were sharing
in someone's largess!
Within days of Fine becoming then-17 year
old Jason Hanson's "guardian," she authored a new trust document without
his consent or knowledge that would give her complete power of attorney
over his life and assets. Then, several days after Jason turned 18
years of age and could sign legal documents, she asked the court to ratify
her new trust. To enhance the Trust's appearance of legality, she rubber
stamped Jason's signature on each page claiming he had reached the legal
age of consent and gave his permission for her to do so.
In her document she states: "The Trustor
(Jason Hanson) hereby gives, transfers, grants, sets over and transfers
to Trustee (Fran Fine) the properties described in Schedule "A," TO HAVE
AND TO HOLD THE SAME IN TRUST, and to manage, invest, and reinvest the
same."
Here's the BIG problem! Jason says
he knew nothing of the document and never authorized Francis Fine to stamp
his signature all over it. He also has presented evidence stating
that he repeatedly asked the court to provide him an attorney, and that
Judge Hoskin and Hearing Master Norheim repeatedly ignored his request
- a direct violation of the Americans With Disabilities Act (ADA).
Francis Fine presented a Notary's statement
at the end of her Trust document alleging Jason signed the Trust that gave
away all of his rights.
The Americans
with Disabilities Act (ADA) prohibits discrimination against
people with disabilities in governmental activities. Fine's appointment
as Jason's private guardian by the Family Court and the court's approval
of her Trust qualify as governmental activity, Jason's purported
signing of her phony Trust at age 18 (sample of his rubber stamped signature
below) without an attorney present to represent his best interests should
be disqualified under ADA guidelines.
Click HERE
to see the full Supplemental Needs Trust with Jason's rubber stamped signature
affixed to the bottom of 21 pages that destroyed his civil rights, and
the Notary affidavit that says he approved the taking.
:
Jason repeatedly requested he be provided
a court appointed attorney and was repeatedly ignored. This is noted
several times in the court's minutes.
I believe that an
innocent 18 year old man in Jason Hanson's physical condition, especially
after learning he was robbed of his inheritance, has every right to claim
he was forced under duress to sign the notary's document that authorized
trustees and guardians to steal his entire estate (if he actually did sign
the affidavit).
(Duress:
"Unlawful pressure exerted upon a person to coerce that person to perform
an act that he or she ordinarily would not perform.")
I believe that Francis
Fine's "Supplemental Needs Trust" should immediately be rendered null and
void because it was used as a tool to rob Jason's inheritance.
I also believe that
Francis Fine, Jared Shafer, and Elyse Tyrell should be forced to return
Jason's trust funds, pay him the scant proceeds from the unauthorized sale
of his house (if the sale price was accurately reported), and that he should
be awarded punitive damages, and damages for the negligent
infliction of emotional distress.
Jason's case qualifies
for trial in United States Federal Court based on the violation of his
civil and ADA rights, especially when he requested and was denied a court
appointed attorney. It should not be tried in Nevada State Court
because of Jared Shafer's political influence. He owns Signs of Nevada,
LLC, the hundreds of portable A-frame signs that are coveted by most candidates
running for State Court judgeships. By extreme coincidence, Elyse Tyrell
is his Registered Agent, and his office manager Amy Viggiano-Deittrick
is the political sign company's manager who operates the business out of
Shafer's Henderson, Nevada guardianship office that uses the same P.O.
Box number.
No wonder that Shafer
consistently gets his way in Nevada State courts. He has the ability to
donate political signs to judges!
Please note the P.O. Box number on Shafer
and Bristol's business cards is the same as Signs of Nevada. Patience
Bristol is currently serving a 5 - 8 year prison sentence for the financial
exploitation of Shafer's court appointed "wards."
The
house
In December 2009, when Jason was twenty
years old, mastermind private guardian Jared E. Shafer intruded into Jason's
life and asked John Cahill, the Clark County Public Administrator, to transfer
the title of Jason's 1,200 square foot wheelchair accessible condominium
into Shafer's name "for the benefit of Jason Hanson." Cahill dutifully
complied, and the house was immediately sold to a Vietnamese man for a
ridiculously low sum.
(Shafer helped Cahill get elected with
his signs. See:http://canadafreepress.com/article/guardian-jared-shafers-political-signs-become-a-public-nuisance)
In 2009, one story condos in the Keys gated
community were selling for an average of $109,000 according to the county
assessor. The condo was in good shape based on Shafer's records showing
he paid only $3,400 to have it cleaned and prepared for sale, though according
to Jason, Shafer told him "it would cost more to have it repaired than
it was worth."
According to public records, Shafer sold
Jason's condo at $62,000 under market value for a quick $47,000 that promptly
disappeared. Jason never received a penny from the meager proceeds.
The possible reason for the squandering
of Jason's house at such a low price is theorized by another of Shafer's
victims:
Steve:
Everyone keeps asking, Why
do they sell the homes for so little? They do this because of the cash
transaction portion of the sale, and no one is the wiser; the PERFECT CRIME.
Back in 2008, Jared Shafer
bragged that he knew how to make money off selling wards homes and there
wasn't anything anyone could do about it. At the time, I thought this was
a rather interesting comment, which actually was made as sort of a threat
in reference to the sale of Marcy
Dudecks home. Fast forward a few years and we have come to learn
that many homes, including Jason Hansons, Elizabeth Indigs, Marcy Dudecks
and countless others have all been sold for way under market value.
We believe this is how it
works:
1) Shafer
(and other guardians) find a buyer (often foreigners), who deal in frequent
cash transactions.
2) A deal is
made to sell the home for way below the current value, which goes on the
Clark County records.
3) Then part
of the deal is the buyer gives extra cash to the guardian for the purchase.
4) The combined
amount of the recorded sale and the cash on the side still totals a
sale way below the market value.
5) The buyer
gets the benefit of a cheap house with very low property taxes.
6) The guardian
gets rid of the home and pockets the extra cash; no record, the perfect
crime.
7) The buyer
keeps quiet because they got the house super cheap with the combined recorded
sale and the cash payout, which was illegal.
8) The buyer
also keeps quiet because the cash transaction involved unreported cash.
9) The guardians
laugh because they have unrecorded, unreported cash that they can share
with the judges, who we know for a fact, favor the guardians and their
attorneys in court.
Sure, maybe some homes are
sold to cronies real cheap and they flip them, sell them high and split
the proceeds with the guardians. But we think this partial cash payment
system has potential since it's all off the record, not to mention Jared
Shafers very own comments regarding the subject of homes.
One of Shafer's many victims,
name withheld by request |
The above theory was written by a family
member who fought against his loved one's harsh treatment under Jared Shafer's
guardianship. Too often such people have been punished for doing so (see:
"Unclean
Hands" Suing For Defamation"). An example was the arrest
warrant issued against Becky Schultz for bringing her then-90 year
old father Guadalupe
Olvera to California against Shafer's orders so the WW2 veteran could
spend the final five years with his loving family and old friends (see:
"Escape
was only option for an old soldier trapped in guardian system"). Upon
Jared Shafer's orders, Judge Charles Hoskin signed the unenforceable warrant,
and Mr. Olvera had to pay lawyers to get the warrant quashed in Nevada
and California while Shafer paid his Las Vegas and California lawyers from
Olvera's account which Shafer still controled. When Shafer
failed to have Mr. Olvera returned to Nevada, he filed a SLAPP
suit (Strategic lawsuit against public participation) against Olvera's
only child Becky Schultz to try to silence her. It shows that this machine
can punish victims in addition to stealing their money.
Shafer giving orders to judges and court
officials is not a new occurance. On Mar 18, 2014, Clark Co. Family Court
Hearing Master Jon Norheim cowered when Shafer, a private citizen, ordered
him to throw the public out of a hearing during the discussion of $500,000.00
missing from one of Shafer's ward's accounts (Court
Video).
In Jason Hanson's case, on October 7, 2013,
a rarely provided Expense Report became part of the Family Court record.
It indicates that Shafer paid his office and sign company manager Amy Viggiano
Deittrick's unlicensed AVID Business Services $3,436.64 for unspecified
services to benefit Jason; paid his
former assistant Patience Bristol - now serving 5 - 8 years in the
Nevada State Penitentiary for exploiting the elderly - $975.00 for unspecified
services to benefit Jason; and paid his company Professional
Fiduciary Services of Nevada (PFSN Inc.) $7,727.97 for "Real Estate
related" services to sell Jason's house. Altogether, Shafer drained
Jason's account of a minimum of $12,140 for selling the house at less than
half its market value and keeping 100% of the proceeds for himself.
After Jason became aware of the sale of
his house without his consent, he made this video explaining how he feels:
https://m.youtube.com/watch?feature=youtu.be&v=9tgqmyKb8WI.
Please take a moment to watch Jason's video
to understand why so many people are so impassioned with his plight.
Keep in mind that the well organized crimes
described above involved a number of persons conspiring together, a clear
violation of RICO,
the Racketeer Influenced and Corrupt Organizations Act of 1970. Hopefully,
the greedy conspirators and their Family Court collaborators will be prosecuted
and convicted to set an example so special needs people like Jason Hanson
and other vulnerable persons can no longer be taken advantage of.
BACKGROUND:
http://www.stevemiller4lasvegas.com/ShaferFinancialRecords2.html
http://www.ktnv.com/guardianship
http://www.reviewjournal.com/news/las-vegas/clark-county-s-private-guardians-may-protect-or-just-steal-and-abuse
Grave
Robbery Under Color Of Law!
Additional documents show Shafer is still
bleeding the assets of a millionaire ward paying himself a total of $432,043.00
in fees five years after ward's death
Felony
Arrest Warrant Issued For "Guardian" Jared E. Shafer's Protégé
Patience Bristol
The warrant for Bristol's arrest listed
fifteen felony counts including four counts of "Exploiting Old/Vulnerable
Persons," eight counts of "First Degree Burglary," and three counts of
"Obtaining Money/Property/Labor Under False Pretense."
Against
all odds
Daughter of WW2 vet succeeds in terminating
Jared E. Shafer's Nevada guardianship and a California conservatorship
dictated by Shafer
"Unclean
Hands" Suing For Defamation
"Who wrote this report? Who have I bribed?
What judges? WHAT BULLSHIT!" - Private Guardian Jared E. Shafer
Jared
E. Shafer Loses Guardianship
Looted Senior Citizen Returns To Claim
Home And Possessions After Winning Termination In A Bitter Sweet Victory
$300,000 bled from 93-year-old's trust
during battle
GUADALUPE
OLVERA'S WAR!
Elder Abuse Likely - Under Color Of Law
91 year old WW2 hero pleads to be allowed
to spend his final days with family in California. Private Guardian Jared
E. Shafer signals his displeasure to Family Court Judge Jon Norheim who
refuses to permit Olvera to leave LV. Family defies court and moves patriarch
to Santa Cruz County while funds continue to be drained from his account
in Nevada to pay lawyers to fight for his return.
Click
here to view 2:27 sec. court record of Mr. Olvera's ignored plea
Las
Vegas guardian Jared E. Shafer sued for embezzling $420,000.00 from 95
year old former ward
In 2009, Shafer and his CPA's avoided SEC
criminal prosecution by returning money they fraudulently obtained from
unknowing senior citizens to invest in a Ponzi scheme:
National
Association To Stop Guardian Abuse
Stop
Guardian Abuse Nevada
(Editor's note: Steve Miller is particularly
interested in Jason Hanson's story because Steve is the President Emeritus
and a founder of Opportunity Village where Jason is employed. Steve was
a volunteer and served on the OV board of directors from 1967 through 1987.
He was elected Vice President for six terms, and OV President for two terms
until his retirement in 1987 to successfully run for public office.
In 1988, Steve was elected Chairman of the Board of Goodwill Industries
of Southern Nevada where he volunteered until 1991. Altogether, Steve has
proudly volunteered his time to serve those with special needs for over
25 years of his life.)