Activism

Probate Advocates State Grand Jury Report Did Not Adequately Investigate Abuse by Court Officials

Published

2 years ago

August 29, 2022

Gentrification areas in New York City, Washington DC, Detroit, San Francisco, Oakland, and Berkeley have demonstrated a recognized problem with predatory attorneys gaining control of real estate at steep discounts via conservatorships.

By Tanya Dennis

On June 6th, the Alameda County Grand Jury released a report regarding deficiencies of probate Court including recommendations to correct deficiencies. Probate advocates are expressing disappointment that the report did not address the rampant abuse perpetrated by some court appointed guardians and officials, a well-documented occurrence not just locally, but nationally.

Spectrum Institute Attorney Tom Coleman says the reason is, “Attorneys are reluctant to investigate their own.” Spectrum Institute has been elevating evidence of probate court mismanagement and fraud over the last five years. The issues highlighted in the Grand Jury Report mirror Los Angeles Times’s investigative reports in 1987 and 2006 that reported those who exploit court dysfunction have only mastered their nefarious intent over the last 35 years. Each time issues are elevated, and nothing is done to correct them, the criminally intent are emboldened, and probate has been perverted to serve the predatory legal community at the expense of the public, often a completely misinformed and unsuspecting public.

Rick Black of CEAR, and producer of the expose documentary “The Guardians” says, “Conservatorship is always an expensive and risky proposition. It should be avoided at all costs. CEAR recognizes anyone can be targeted and exploited by it. Black or white, famous, or unknown, rich or penniless, intellectual or not, anyone can be exploited by this system. Victims of fraudulent adult conservatorships are left voiceless. Their loved ones and heirs are also victimized as the courts dismiss their pleas and material evidence.” CEAR has counseled or investigated over 5,000 cases of suspected fraudulent conservatorship.

Probate Advocates and the Post “Perils of Probate” stories have for years recognized that the minority population is disproportionately targeted by court insiders. The Black female senior community presents a recognized vulnerability. Black families have a history of maintaining homesteads via generational transfers. Properties purchased generations ago are most susceptible to interception by predatory parties in conservatorship. Gentrification areas in New York City, Washington DC, Detroit, San Francisco, Oakland, and Berkeley have demonstrated a recognized problem with predatory attorneys gaining control of real estate at steep discounts via conservatorships.

Probate reform advocates Shout Out Justice, the Probate Movement Reform Group, Center of Administration Reform (CEAR), and the Coalition for Elder and Disability Rights (CEDAR), spoke directly with DA O’Malley on the issues in 2018 and 2019. She knew the problem was court dysfunction and the ability for benefitting parties to commit constructive fraud in proceedings that facilitated downstream exploitation, theft, embezzlement, and extortion. O’Malley’s response was she was not aware of any accusations of “probate court staff” directly benefitting from the frauds.

Black cites that despite O’Malley’s claim that “There were mountains of claims against benefitting attorneys and conservators, all protected by the sponsoring probate jurist. It was also quite clear after several discussions with DA O’Malley that she had no interest in prosecuting fellow attorneys fully endorsed by District Court judges serving Probate.”

Venus Gist of California Probate Reform Network says, “We all know gentrification is real,” even Mayor Schaaf in a meeting with United Seniors Of Alameda County said that she believes the probate court is causing much of the homeless issues. Alameda County Probate Court robs families of generational wealth. My mother’s former temporary conservator attempted to sell my parent’s six figure rental property for $17,000 to collect their court fees. They never cared enough to talk with us or give my family payment options.”

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Calif. Anti-Sex Trafficking Advocates Discuss Competing Bills, Strategies

Advocates from across California are challenging state officials and community leaders to support legislation that provides resources and services for survivors and victims of human trafficking, as well as assistance as they transition back into civil society.  Some of those advocates are also calling for more effective state policy to curtail trafficking, a crime that has an outsized impact on Black children, particularly girls.

Published

13 hours ago

May 3, 2024

Oakland Post

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By Bo Tefu, California Black Media

Some of those advocates are also calling for more effective state policy to curtail trafficking, a crime that has an outsized impact on Black children, particularly girls.

According to the FBI, a report covering a two-year period found Black children accounted for 57% of all juvenile arrests for prostitution. In addition, 40% of sex trafficking victims were Black and 60% of those victims had been enrolled in the foster care system.

“It is time to hold the perpetrators who take advantage of our children accountable,” said the Rev. Shane Harris, a San Diego-based activist, former foster youth and founder of the Peoples Association of Justice Advocates, (PAJA), a national civil rights organization and policy think tank.

“It is time to send a thorough message that if you seek to buy a child for sex, you will pay the highest criminal penalties in this state,” added Harris who was speaking at a rally at the State Capitol earlier this month. Harris was speaking in support of Senate Bill 1414, authored by Sen. Shannon Grove (D-Bakersfield), which calls for people who buy sex from minors to be punished with a felony. The punishment includes a two-year prison sentence and a $25,000 fine.

Harris said the PAJA is the only civil rights organization in the state that supports SB 1414.

Harris urged other Black-led groups who favor anti-trafficking legislation more focused on criminal justice reforms (as opposed to stiffer penalties), to “join the movement.”

Many of those civil rights groups fear that SB 1414 could lead to the incarceration of more Black youth.

Those sentiments were echoed in a panel discussion organized by Black women advocates on April 26 to examine the cause and effects of human trafficking in California’s Black communities. The virtual event was hosted by the Forgotten Children, Inc, a faith-based nonprofit that advocates for survivors and victims of human trafficking through anti-trafficking campaigns and initiatives.

Panelists shared the psychological impact of sexual exploitation on youth and children in the long term.

Author and educator Dr. Stephany Powell shared statistics and information revealing that African American women and girls are the most trafficked nationwide.

Powell, who serves as the senior advisor on law enforcement and policy at the National Center on Sexual Exploitation said that national data indicates that sex trade survivors are disproportionately women of color. She stated that male survivors often go unnoticed because boys rarely report trafficked crimes.

Powell said that decriminalizing prostitution in California could increase human trafficking. She argued that Senate Bill 357, authored by Sen. Scott Wiener (D-San Francisco), which was signed into law in 2022 and legalized loitering for prostitution, caused a surge in street-level prostitution.

Panelist and psychologist Dr. Gloria Morrow shared opposing views on decriminalizing prostitution. She said that decriminalizing prostitution could help survivors gain access to state resources and support.

Despite opposing views, Powell and Morrow agree that the Black community needs resources and educational programs to address human trafficking.

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Obituary: Social Justice Leader, the Rev. Cecil Williams, Passes at 94

On April 22, community leader and social justice advocate Reverend Cecil Williams died at his home in San Francisco surrounded by his loved ones, according to his family. He was 94 years old.

Published

14 hours ago

May 3, 2024

Oakland Post

The Rev. Cecil Williams, civil rights activist and social justice leader was the head pastor of San Francisco’s non-denominational GLIDE Memorial United Methodist Church.

By California Black Media

On April 22, community leader and social justice advocate Reverend Cecil Williams died at his home in San Francisco surrounded by his loved ones, according to his family.

He was 94 years old.

The reverend was a civil rights leader who advocated for the equal rights of lesbian, gay, bisexual, transgender, and queer people in the Bay Area.

Williams was the head pastor of the non-denominational GLIDE Memorial United Methodist Church. The church welcomed individuals from the queer community and people struggling with homelessness, housing instability and substance use disorder (SUD).

Through his work, Rev. Williams attracted national attention. Prominent political and cultural leaders such as Maya Angelou, Bono, Oprah Winfrey, and Bill Clinton all attended church services at Glide.

Congressmember Barbara Lee (D-CA-12) said she is deeply saddened about the passing of her dear friend.

“The Reverend changed the lives of millions through radical love, support, inclusivity, and a commitment to service to the most marginalized,” Lee said.

Gov. Gavin Newsom said that the reverend inspired people across California to embody the values of generosity and acceptance.

Rev. Williams was, “a visionary leader whose legendary compassion and love for his community transformed the lives of people from all walks of life,” Newsom said.

Rev. Williams served as the chief executive officer of the Glide Foundation until his retirement in 2023.