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Fiduciary Mess And Writ Of Mandamus


Berta
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Question

We have had fiduciary questions here from time to time:

I am again bringing this WACO fiasco up because this is serious business and I dont know why it isnt on major TV News Channels (yet...)

http://www.vawatchdogtoday.org/uploads/20110112-_Pet_for_Ex_Relief.pdf

This is link to the Writ of Mandamus that Doug Rosinki filed regarding a vet who it looks like lost QUITE a bit of his money

in addition to VA comp to some federal appointed fiduciary that VA never checked out nor is the VAOIG concerned (...yet).

I wanted to give link to the writ- to show you what the VA has been sanctioning in direct violations of many veteran's rights.

Also Doug always prepares exempliary Writs of Mandamus so this is a great example of one.

These are not vets who can pursue a claim or fight with VA over a rating-these are veterans who are so disabled that

they cannot have access to their own money due to some incompetency declaration by the VA and then they are forced to get some bogus federal appointed fiduciary.

The incompentency regs are there at Watchdog today-I found it startling that VA isn't granting hearings if these vets request one.

This is why-in my opinion- the VA is deliberately preventing vets filing under the new PTSD regs from obtaining an IMO because as I have mentioned in the IMO forum that a MH IMO should contain a medical statement that the vet is fully competent.

The VA has ensured itself that new PTSD vets (those granted under the New Rules) who are declared incompetent -have no where

to go to get DUE PROCESS. They cant get an IMO for the claim and then if they succeed, VA can declare them incompetent with no problem.

The VA has also ensured that federal fiduciaries can step in and control the veteran's money.

They are even messing around with family members that were already appointed as fiduciary.

Cripes I used to joke VA would try to declare me incompetent so they didnt have to pay me my VA money as the civilian widow of a veteran.

Maybe that joke had some basis in reality.

This nightmare is by far worse than Shreddergate- at least those vets had a legal recourse via VA and were competent enough to fight over shredded stuff.Many of these vets with fiduciaries have no recourse at all.

I even wonder if this falls under RICO.

Or jurisdiction of the FBI.

I have 3 vets I am concerned about that are incompetent vets and will be checking with them to see if VA in NY has started to mess around with them.

Edited by Berta
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Yes, Berta, I agree that it is Worse than Shreddergate because they are stealing money from people far too ill to be able to defend themselves. At least shreddergate Victims have a better chance of fighting back, assuming, of course, that shreddergate victims are not ALSO victims of fiduciary fraud. It is possible, or even probable, that a Veteran could be BOTH the victim of shredded evidence AND be a victim of fiduciary fraud.

I dont know about you, but I am BOILING MAD that they are stealing money through fiduciary fraud and denying due process for Vets to at least keep it from continuing to happen, even tho it does not personally affect me.

In a way, it does affect all Vets, when you think about it. If they can steal from Vets, then deny them due process because they are mentally ill (incompetent), what is to stop the VA from extending that one step further and doing that to us? Where are the rights my Veteran brothers died for?

Isnt "shreddergate" just another way of stealing from Veterans not really all that competent to defend themself? That is, most Vets dont even know that their claims evidence was shredded...if the effective date was wrong, many do not appeal and just shrug it off. And how would a Vet know if his evidence was shredded? Except for a few thousand or so of hadit/watchdog readers, most people dont even know the VA shreds claims. There was at least one instance where a VA employee, on vavantage point, said, to the effect, "We are sorry you would beleive that the VA would deliberately destroy Veterans evidence".

I will say this. If my father in law becomes a victim of VA fiduciary fraud, you can bet that fiduciary, "has done bought the whole can of whoop a**", because "I am coming after them".

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This reminds me so much of the SVR show with Edwin Crosby III; insomuch as he was mentioning the fact that the Board of Correction of Military Records has no one to answer to and no accountability. Once again, we have an part of a 'veteran' organization that is accountable only to themselves, and it seems that they do not take the responsibility of managing themselves at all seriously.

What are the requirements of being named a fiduciary? I have read the horror stories, and will continue to read about them until something is done.

Edwin had made a comment that if we could all write in to our representatives about his cause, maybe something could be done. I know HadIt stays away from political stances, but what about stances for veterans rights, and protection of the rights of veterans who can't stand up for themselves? I am not trying to be political, just pro-veteran; but that is a stance in its own. Something to think about...

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The H VAC is going to have to address this issue at some point and then any vet or widow or anyone at all concerned will have opportunity to give testimony.

By all means yo can write to your Congress critters about this-

even better if they sit on either the House or Senate VACs or in subcommittees.

I am reviewing the RICO act -it might come under this. Edwin would probably know.

"The Secretary violated numerous statutory requirements to

appoint a cabinet maker as a federal fiduciary based on a single tenyear-

old examination report, ignoring that during that 10-year period

the purportedly financially “incompetent” veteran managed his

finances to accumulate over $90,000.00 in a federally insured savings

account."

The 'cabinet maker' VA allowed as fiduciary was given no background check whatsoever.

This is from the Writ I gave link to- what a read-----

Just think this vet had saved 90,000.00 before the fiduciary began to manage it-so how really incompetent was he?

Non VA funds as well as VA comp has been mismanaged by some of these fiduciaries.

Looks to me like VA will pick anyone to be a fiduciary.(that is anyone THEY approve of for their reasons) This is a racket in progress.

I told Jim this is " as likely as not" just the tip of this iceberg.

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  • HadIt.com Elder

Waco sticks to high heaven of fiduciaries appointed who have either worked for VARO or are related to people still working at the VARO. Its a direct conflict of interest and the cases of these fiduciaries running roughshod over disabled and infirm Veterans are many. It has been reported on TV and news and yet it still continues.

There should be an investigation. Hadit had a member years ago that only saw about 400 of his over 2000 dollar award and had to beg for anything he wanted, Not only did he not know the fiduciary he was threatened that he would get less if he complained.

That and the little known fact that any of the money accumulated goes back to the VA if the Veteran dies and not their family.

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I am a Vietnam War Veteran and served in the Army Security Agency 1967 to 1971. I was hospitalized for PTSD at the Lyons NJ Veterans Administration Hospital and have been filing service connection claims for the past several years. The case was settled in September 1, 2011 but the VA Regional Office at Newark NJ has subjugated me to a fiduciary, falsely stating that I am incapable of handling my VA financial affairs. This decision or judgment of my competence was in violation of mutable VA laws especially as it was accomplished in total secrecy. VA violated this law. (Freeman vs. Shinseki) http://www.vetadvocates.com/Freeman.pdf

My VA field examiner on March 11, 2008 stated that I was competent to handle my financial affairs and he recommended that appropriate action be taken at that time yet my reevaluation competency examination in March 1, 2009 remains scheduled.

April 28 2011 a false statement is made in settlement of my case.

“Since there is a definitive finding of incompetency by a physician in this case, and the claimant is not shown to be able to manage personal affairs to include disbursement of funds, we propose to make a determination of incompetency for VA purposes”

What definitive finding? What physician? No reasonable doubt? Who wrote this?

VA violated this law. “Where there is a reasonable doubt as to whether a person is competent, such doubt will be resolved in favor of competency.” 38 C.F.R. § 3.353(d) (2003). http://cfr.vlex.com/vid/3-353-determinations-incompetency-competency-19775480

Reexamination was requested by my VA field examiner on March 11, 2008 and that more than reasonable doubt was never addressed. I am still awaiting my reexamination.

My Veterans Service Center Manager violated VA law by denying my entitlement to information about fiduciary when repeatedly questioned about my case month after month as she continued stonewalling for time, delaying my claim for several months.

Accordingly VA violated this law. The Veterans Service Center Manager develops evidence indicating that the beneficiary may be capable of administering the funds payable without limitation, he or she will refer that evidence to the rating agency with a statement as to his or her findings. The rating agency will consider this evidence, together with all other evidence of record, to determine whether its prior determination of incompetency should remain in effect. Reexamination may be requested as provided in ? 3.327(a) if necessary to properly evaluate the beneficiary's mental capacity to contract or manage his or her own affairs. http://edocket.access.gpo.gov/cfr_2010/julqtr/pdf/38cfr3.327.pdf

My service officer obstructed justice by denying my entitlement to information about fiduciary when repeatedly questioned about my case.

My service Officer violated the code of ethics and these laws. Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995, Responsibility of Veterans Services Officer: (2) Where the beneficiary is rated incompetent, the Adjudication Officer will inform the Veterans Services Officer of jurisdiction of that fact. The Veterans Services Officer will develop information as to the beneficiary’s social, economic and industrial adjustment and appoint (or recommend appointment of) a fiduciary as provided in § 13.55 of this chapter, select a method of disbursing payment as provided in § 13.56 of this chapter, or in the case of a married beneficiary, appoint the beneficiary’s spouse to receive payments as provided in § 13.57 of this chapter. The Adjudication Officer will authorize disbursement of the benefit in the manner selected by the Veterans Services Officer.

(3) If in the course of fulfilling the responsibilities assigned in paragraph (b)(2) the Veterans Services Officer develops evidence indicating that the beneficiary may be capable of administering the funds payable without limitation, he or she will refer that evidence to the rating agency with a statement as to his or her findings. The rating agency will consider this evidence, together with all other evidence of record, to determine whether its prior determination of incompetency should remain in effect. Reexamination may be requested as provided in § 3.327(a) if necessary to properly evaluate the beneficiary’s mental capacity to contract or manage his or her own affairs.

I was illegally charged thousands of dollars, have no control over my finances and still have not received one cent. I would demand that money be returned as well and I would like to know who is responsible, as in who do I sue if it comes down to that, and in what court of law, and what charges obstruction of justice, deprivation of information, misappropriation of funds and/or theft by deception.

My fiduciary by his derelict of duty and by ignoring my needs for six months inadvertently exposed deviousness by prolonging the fiduciary secrecy for another two months and during that extra “call me back next week and it’s still in remand” obstruction of justice time my Service Officer can no longer deny knowing I was already robbed, yet she still refused to acknowledge the fiduciary fact to me. As for my Veterans Service Center Manager, she had to know before July because my feduciary could not have been given authority to act as my legal custodian without her knowledge.

In conclusion of these facts; my interests were ignored, my rights were violated, thousands of dollars of my entitlement were taken from me, mutable counts of several different laws were broken, false statements were made, I was misrepresented by omission of truth, and my service office turned a blind eye, all in favor of my needlessly being subjugated to a fiduciary. As my wellbeing appeared to be the only reason for these conspirators to obey the laws, and there was thousands of reasons to share the aforementioned violations, I now find myself deprived of justice, and I would add that any one of aforementioned parties could have complied with their responsibilities or ethics or the law, and this travesty of justice would not have prevailed, and sadly it is in that light I see several elements of derelict of duty, misconduct, and even the likelihood of fraud.

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The VA fiduciary program has had bad marks for sometime now- particularily when it was discovered that a convicted felon had been appointed as a veteran's fiduciary by VA some time ago.

Jim Strickland of VA WatchdogToday got right on this VA mess.

I am sure his work prompted (and considerable bad press for VA on this matter) the 2011 VA Fast letter enclosed in this link:

http://www.vawatchdog.org/Fiduciary_Appointments.html

The VA was not running any potential fiduciarys through a background check.

A thorough background check via USS Search or Intelius can cost sometimes over a hundred bucks but could reveal information that is well worth spending the money for. If the VA wont do that, a claimant should-if the VA has named an appointed fiduciary for them.

As I recall Doug Rosinki and possibly Kathrina Eagles were on the original US CAVC case (# 10-1462) for Freeman.

I consider Doug the best lawyer for Mandamus filings.There certainly are other lawyers just as good too for this type of situation.

It has been a while since I spoke to Doug Rosinski but am sure this is still his contact info.

From what you ave posted here, I feel a Mandamus Petition is in order.

Douglas J. Rosinski

Ogletree, Deakins, Nash,

Smoak & Stewart, P.C.

1320 Main Street, Suite 600

Columbia, SC 29201-3266

Telephone: (803) 252-1300

Facsimile: (803) 254-6517

douglas.rosinski@odnss.com

Here are but a few VA Fiduciary horror stories:

http://www.justice.gov/usao/pam/news/2011/Sellard_10_31_2011.htm

(this one involved the daughter of the veteran -appointed as his fiduciary by VA)

http://www.justice.gov/usao/wiw/press/2011/May%2026,%202011%20-%20Grand%20Jury%20Returns%20Indictments.html

http://www.newschannel5.com/story/14071970/va-hires-convicted-felon-to-manage-veterans-money

Unfortunately I couldnt open this link but I remember this one well”

VA FIDUCIARY AND WIFE STEAL $2 MILLION FROM ...

www.vawatchdog.org/10/nf10/nfjul10/nf070110-1.htm

Jul 1, 2010 – VA FIDUCIARY AND WIFE STEAL $2 MILLION FROM INCOMPETENT VETERANS -- A 26-count indictment charged the couple with ..

Source: Google search

http://www.va.gov/oig/pubs/Young_Fotiades-Alexander-pr-DoJ.htm

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