Wednesday, February 24, 2016

Honorable John Robert Blakey - Memorandum of Law filed in Illinois Federal Court by Eliot Bernstein regarding Florida Probate Court Case, Simon Bernstein Case, Shirley Bernstein Case and overreaching, seemingly above the law Florida Probate Court Judges and Attorneys.

This Court has power under the All Writs Act and Anti-Injunction Acts to issue 
proper Injunctive Relief against the parties and at least temporarily Enjoin the 
Florida Probate Court of John Phillips.


Eliot I. Bernstein brings this Petition, application and motion under the All Writs Act and Anti-Injunction Act necessary in aid of its own jurisdiction and further under the Inherent Powers
doctrine and to enjoin parties over which this U.S. District Court already has jurisdiction from taking further action in the Florida Probate State Courts to further thwart and interfere with this
Court’s own path to judgment and to restrain and preserve evidence, documentation and
discovery to achieve that judgment and further relief as appropriate.

As shown herein and in the attached petition-affidavit, a series of orchestrated actions by the parties in the Florida Courts including but not limited to newly discovered fraudulent Florida companies to hide assets and value has created an imminent danger and emergency endangering this Court’s jurisdiction by having the Florida Probate cases “wrapped up” improperly cutting off all of Eliot’s rights to Discovery in the Florida Courts and standing and forever losing the necessary evidence,
documents and Discovery which this District Court needs to properly adjudicate the claims
presently before it including both the Life Insurance claim and Eliot’s counter/crossclaims and
thus this Court must now act to enjoin these parties and preserve evidence, records, documents
and Discovery.

Further, previously undisclosed conflicts of interest involving LaSalle Bank and the original
Florida Probate Judge Martin Colin and attorney Brian O’Connell, a party permitted to Intervene
in this District Court as the Personal Representative of the Simon Bernstein Estate, have recently
come to light showing previously undisclosed conflicts of interest of Brian O’Connell
simultaneously being involved in cases involving Judge Colin’s wife Elizabeth Savitt acting as a
Private “Guardian” where massive conflicts in the Palm Beach County Court system are being
exposed almost daily by a series of Investigative Reports by the Palm Beach Post to such an
extent that several “former” Justices of the Florida Supreme Court have called for action in Palm
Beach County.

Eliot Bernstein specifically seeks to enjoin at least temporarily a scheduled “Guardianship” and
“Contempt proceedings” before Probate Judge John Phillips in the North Branch of Palm Beach
County on this Thursday, Feb. 25, 2016 at 3:15pm brought by attorneys who should now become
Defendants in this action and be conflicted out of representation in the Florida State Courts.

This action has been pending in the US District Court for several years and your Honor has now
been on the case in excess of a year expending substantial judicial resources on Court
conferences and extensive Summary Judgment proceedings on Plaintiffs’ motion for summary

While the parties are awaiting determination from this Court on the Summary Judgement
motions, at least 2 scheduled Court Conferences with this Court have been re-scheduled, still
remaining before this Court are Petitioner Eliot Bernstein’s Answer and Counterclaims filed
September 22, 2013 asserting causes of action in Fraud, fraud upon the beneficiaries and Court,
abuse of legal process, civil conspiracy and breach of fiduciary duties amongst others.

On Jan. 13, 2014 in Docket Entry 71, prior Judge St. Eve issued a Minute Entry Order which
provided in part as follows, “Discovery is hereby stayed until the proper Trustee is determined” ,
thus acknowledging that determination of a “proper Trustee” is an issue in the case, which
remains disputed. The Trustee/Trust/Beneficiaries/Policy issues remains undetermined presently
and the Court’s jurisdiction is imminently threatened by the permanent loss of evidence,
documents and discovery by the parties orchestrating proceedings in Florida where this evidence
and the parties in possession of such evidence should be enjoined herein.

This Court itself, Hon. John G. Blakey, presiding, issued a Minute Entry Order on May 22, 2015
under Docket Entry 185 that further provided in part as follows, “Bernstein's representations to the contrary notwithstanding, at this time the Court is unable to say that anyone has a clear right
to the proceeds deposited by Heritage Union Life Insurance Company, let alone what each
interested party's share should be."

As will be shown, just on Discovery abuses alone by the Plaintiffs and other parties in the related
proceedings in the State Probate Court of Florida, there is a real and imminent danger that the
Integrity of this Court’s judgment and path to judgment will be fundamentally impaired by the
permanent loss of evidence and discovery materials justifying the exercise of the extra-ordinary
relief under the All Writs Act and Anti-Injunction Act.

This evidence and documents and Discovery which “should answer” the outstanding questions before this Court of where the Original Trusts are, where the Original Policies are, where the Original records and where business records are that go along with Simon Bernstein’s life who made millions per year in the Insurance industry for decades and are relevant to the Life Insurance claim and countercrossclaims.

Instead, Simon Bernstein is falsely being portrayed as nearly a “pauper” with no
assets left and “Missing” and “losing” all Business documents and dispositive documents
meticulously kept for Decades, at least according to Plaintiffs and the counsels working with

Yet proper Discovery and Depositions would and should prove the contrary which is
why this Court must act to preserve this evidence in the hands of multiple parties and some
unknown .

Further, that sufficient evidence will be shown to justify this Court exercising its inherent powers
to make inquiry of the parties and respective counsels about“side agreements” and other
“agreements” outside the record of any proceedings impairing the integrity of proceedings in this
Court similar to the inquiry discussed in Winkler v. Eli Lilly & Co., 101 F.3d 1196, 1202 (7th
Cir. 1996).

Further, that this Court should permit Amendment of Eliot Bernstein’s counter-complaint to seek
Declaratory judgment in this Court on issues involving the related Trusts and the validity of
certain Wills and instruments and other Amendment of claims and adding of parties for tortious
interference of rights and claims under 42 USC Sec. 1983 and that it is in the interest of judicial
economy since the parties to be added are from diverse and different states that this Court resolve
these proposed Amended Counterclaims to provide an orderly and final path to judgment.


A short period of time after Ted Bernstein’s father Simon Bernstein passed away in the hospital
on Sept. 12, 2012, one of Ted Bernstein’s business partners named Robert Spallina of Boca
Raton, Fl began fraudulently attempting to obtain Life Insurance proceeds from one of Simon
Bernstein’s Life Insurance policies. Robert Spallina along with his partner, Donald Tescher,
another business partner of Ted Bernstein, had previously become the Estate Planners and
attorneys for Simon and Shirley Bernstein prior to their passing.

Ted Bernstein had claimed his father Simon had possibly been “murdered” and “poisoned” at the Hospital on the night of his passing and Eliot Bernstein, one of Simon’s other adult children, had been prevented and delayed by Hospital staff from getting in to see Simon Bernstein because of a claim that he may have been poisoned and “Security” was involved.

Ted Bernstein got the Palm Beach County Sheriff’s office involved in this alleged “murder” and sought a Coroner’s investigation. Somehow the body of Simon Bernstein went “missing” for nearly a week and traditional Jewish religious observances after passing were delayed.

An elevated “heavy metals” report came back on Simon Bernstein although the Report claimed to be of a male that was 113 years old, not Simon Bernstein’s age. Robert Spallina failed to Notify the Insurance Carrier where he was seeking recovery on Simon Bernstein’s Life Insurance about the possible claims of murder.

During the same timeframe, Ted Bernstein and the Tescher & Spallina law office began denying Eliot Bernstein access to basic documents regarding several Trusts, Wills and other items where he and/or his children were Beneficiaries.

As shown in the attached Petition-affidavit, At Simon Bernstein’s home in Boca Raton, Fl, Eliot Bernstein discovered on the night of his father’s passing that Simon’s entire hard drive of his home office computer had been “wiped clean” of years of valuable files and information as Simon Bernstein had been a successful business person for 50 years bringing in millions of dollars of income each year.

Candice Bernstein also observed one Rachel Walker taking “important” documents out of the Simon Bernstein home minutes after his passing and Eliot Bernstein witnessed her deliver them to Ted Bernstein at the hospital. Simon and Shirley Bernstein had five children, Ted Bernstein, Pamela Bernstein Simon, Lisa Bernstein Friedstein, Jill Bernstein Iantoni, and Eliot Bernstein. Shirley Bernstein had predeceased Simon in Dec. 2010.

During their marriage and lifetime, Simon and Shirley Bernstein had 2 main properties in the Boca Raton, Fl area, one at St. Andrews listed at $3.4 million and a beachfront Condo listed at $2.2 million (both listed at these prices by Simon weeks prior to his death), Shirley had a fully paid for Bentley worth several hundred thousand dollars, a wedding ring valued at $250,000.00 and other Insured Jewelry exceeding $600,000.00 in value prior to her passing and her inventory never sent to the beneficiaries was found to claim her worth at twenty five thousand dollars.

Simon and Shirley Bernstein enjoyed trips with their grandchildren flying on Private jets and much travel and vacation during their lifetimes having lead successful lives and being successful in business, Simon was a leader in the life insurance sales business and his products sold in the billions of dollars of premium. 

Ted, Pam, Lisa, Jill, David Simon, Esq., Adam Simon, Esq. and attorneys working with them including Tescher and Spallina filed the original District Court action on an alleged “breach of contract” against the Carrier for the Carrier rejecting to pay an alleged fraudulent claim filed by Spallina as the “Trustee” of the lost trust he claims to have never seen or possessed and the trustee to this day is still unknown according to this court’s order) but have never produced the Life Insurance Policy at issue or Trust agreement that may govern the proceeds claiming the Trust and Policy are “lost” although this is the Policy for Simon Bernstein who had made millions in the insurance industry for decades and owned and operated multiple insurance business and trust companies and was a meticulous record keeper.

The same parties have also been taking action in the Florida Probate Courts relating to other parts of the Estates and Trusts while Eliot Bernstein has exposed a series of fraudulent actions on the Court in Florida, where dispositive documents have been found fraudulently notarized and admittedly forged and more.

While this federal Court in Illinois has had Summary Judgement motions filed by Plaintiffs’ pending, the same parties have orchestrated proceedings in the Florida Probate Court to further deny Eliot Bernstein previously state Court Ordered Discovery from nearly 2 years ago and further orchestrated proceedings in Florida so no Attorney would be available to cross-examine Robert Spallina and Ted Bernstein as the only 2 witnesses at a contrived “one-day” Validity hearing that was missing necessary witnesses, discovery, experts and forensic evaluation in a case where sophisticated and organized document fraud has already been exposed.

In addition to US Constitutional due process violations in the scheduling of this rushed to
Judgment “one-day” “Validity” hearing involving certain Wills, Trusts and Instruments, the
entirety of this “validity” Hearing was a sham and fraud itself as it was held without the Court of
new judge John Phillips, the alleged Trustee Ted Bernstein or his attorney Alan Rose, attorneys
Brian O’Connell and Joy Foglietta as PRs for the Simon Bernstein Estate, or even Interested
party Creditor William Stansbury’s attorney Peter Feaman ever ensuring that a January 2014
Order by Judge Colin to Tescher & Spallina to turn over All Original Records and Documents
had ever been complied with prior to the hearing.

See Order of Feb. 18, 2014 in Petition. Still further, both former PR Robert Spallina and current alleged Trustee Ted Bernstein both admitted during the Hearing about not knowing where the Original documents are and Ted Bernstein only having reviewed “copies” of the Trusts and admitting he did nothing to validate the documents despite his counsel having committed fraud on various documents and thus the whereabouts of the Original records which had been Ordered to be Disclosed over 2 years ago are presently unknown thus creating an Imminent risk and danger of forever impairing this Court’s path to judgement and integrity of the proceedings.

The parties further orchestrated proceedings to remove Eliot Bernstein’s “standing” in the Trust
and Estate cases although no “Construction” hearing was ever held, have further threatened to
Baker Act Eliot Bernstein at a “Mediation Conference” simply for reporting crime and seeking
truth, and are presently threatening incarceration and imposing an illegal Guardianship on Eliot
Bernstein and his minor children at a proceeding scheduled for this Thursday, Feb. 25, 2016
solely because he has sought the Truth and Discovery and disclosure in these related actions and
blew the whistle on a series of criminal frauds on the court and by the court which should be
viewed as First Amendment Constitutional violations and retaliation and enjoined at this time.
Further, new fraudulent companies discovered just last week are directly involved with a
transfer of a substantial asset of the Estate of Simon Bernstein where assets and value are being
hidden. See, Petition-Affidavit.

These orchestrated actions in the Florida Probate Courts which have violated not only procedural
and substantive Florida law but also Constitutional due process are imminently jeopardizing the
integrity of the federal District Court action by forever losing the evidence, documents, records
that would prove the truth of the various Trusts, policies and items in issue before the Court
where the parties will simply say the Estates are closed up and the assets all gone despite no
Accounting thus no need for Discovery in Florida.

This has all occurred in Florida despite years with No accountings (five years in the Shirley Trust, five years in the Shirley Estate, missing years in the Simon Trust and missing years in the Simon Estate) by the fiduciaries where millions of dollars will be shown to this Court that have apparently “vanished” in the Florida Courts and are unaccounted for while the proceedings are further orchestrated involving a “creditor” of the Estate who is also at interest in the federal litigation in Illinois.

Despite proven fraud on the court and beneficiaries the court has done nothing to seize the documents and freeze assets held by those involved in the frauds further compounding the problems versus any effort to rectify and cease the fraudulent activities are the courts are alleged to be aiding and abetting
the racket.

Click Below to Read Full Document / Court Filing

More on this Florida Probate Case, 

Posted by Investigative Blogger,
Crystal L. Cox

Florida Probate Court Fraud
Florida Probate Court Corruption
Corrupt Florida Probate Judges