PBSO Police Report / Statement By Eliot Bernstein, iViewit
https://drive.google.com/file/d/0Bzn2NurXrSkiMlhNQXRuaEZxUEk/view?usp=sharing
Jul 9, 2017
Jul 3, 2017
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT APPELLANT'S JURISDICTIONAL MEMORANDUM SIMON BERNSTEIN IRREVOCABLE INSURANCE TRUST V. HERITAGE UNION LIFE INSURANCE
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT
SIMON BERNSTEIN IRREVOCABLE
INSURANCE TRUST DTD. 6/21/95,
et al. , Plaintiffs-Appellees,
V.
HERITAGE UNION LIFE
INSURANCE CO., et al.,
Defendants-Appellees
Appeal from the United States
District Court, Northern District of
Illinois, Eastern Division.
LC No. l:13-CV-O3643
John Robert Blakey, Judge
APPELLANT'S JURISDICTIONAL MEMORANDUM:
APPELLANT- CROSS AND COUNTERPLAINTIFF ELIOT I. BERNSTEIN,
PRO SE, hereinafter referred to as Appellant, respectfully submits the following
Jurisdictional Memorandum in response to this Court's Order ofMay 14, 2017
Order and shows this court as follows:
Appellant asserts that this Court has federal Appellate Jurisdiction under 28 USC
Sec. 1291 and 28 USC Sec. 1292(a)(l) as set out further herein.
BACKGROUND AND PROCEDURAL SUMMARY
This Statement of Jurisdiction is submitted in response to this Court's Order upon
an Appeal of a Memorandum Opinion and Order of the District Court of the
Northern District of Illinois, Hon. Judge Robert Blakey, presiding, dated Jan. 30,
2017 which Decided various Summary Judgment motions including Dismissing all
of Appellant's claims in the nature of fraud, negligence, breach of fiduciary duty,
conversion, abuse of legal process, legal malpractice, and civil conspiracy and also
denying Summary Judgment to an Intervenor brought on behalf of the Estate of
Simon Bernstein in relation to certain proceeds Deposited into the District Court
Registry by an Insurance Carrier totaling just under $2 Million US Dollars
allegedly from a Life Insurance Policy for Appellant's Deceased father Simon
Bernstein. See, Docket Entry #273.
As further discussed, this Order was in relation to "the Second Round" of
Summary Judgment motions brought by Plaintiffs, this time moving for Summary
Judgment dismissing Appellant's claims entirely after the US District Court had
found substantial issues of material fact in denying Summary Judgment to the
Plaintiffs initial filing.
All of the critical and undeniable material issues of fact raised by Appellant
leading up to the Denial of Plaintiffs' Summary Judgment in their favor ( on
Summary Judgment "Round l" ) remained material issues of fact in this "second
round" of motions and remain open and existing material issues of fact to this day.
Plaintiffs had never overcome any of these issues of material fact in filing their
motion against Appellant in Round 2, notably, that there is no "Trust" produced by
Plaintiffs as the alleged Beneficiary of a Life Insurance Policy where Plaintiffs
claim the Trust as "lost" or "missing" but Appellant alleges is intentionally
"secreted", "withhe]d" or "destroyed". More importantly, there has been and
remains no actual Life Insurance Policy ( contract ) produced by either the
Plaintiffs or the involved Carriers where again Plaintiffs claimed this Policy is
"lost" or ''missing" despite having gone through a "Reinstatement" shortly prior to
the passing of the Insured Simon Bernstein yet where again Appellant has claimed
the Policy has been intentionally "secreted", "destroyed" or "withheld" and where
this is a "first of its kind" case to Appellant's knowledge where a Carrier has "lost''
a Life Insurance Policy being part of a highly regulated industry with rigid Record
Keeping requirements. Despite having no actual "Policy" produced with full
contractual provisions, riders, amendments and terms and conditions, all Carriers
were "let out" of the case by the US District Court ( prior Hon. Judge St. Eve)
after depositing approximately $1.7 Million into the Court Registry on an Interpleader complaint.
The current US District Court ( Hon. Judge Blalcey ) has repeatedly denied any Depositions and Discovery against the Carriers and denied Appellant's motions to be brought back into the case as parties "necessary" for a full determination on the merits despite evidence
in the Record that the Plaintiffs and their lawyers had communications about
seeking or having a "friendly carrier".
APPELLANT SOUGHT INJUNCTIVE RELIEF AT THE US DISTRICT
COURT ON A MOTION UNDER THE ALL WRITS ACT FILED IN FEB.
2016 AND INTENDS TO APPLY AGAIN FOR A STAY AND INJUNCTIVE
RELIEF UNDER THE RULES AND RESPECTFULLY URGES THIS
COURT TO CAREFULLY EXAMINE THIS MOTION AS A "ROADMAP"
TO THE CASE HEREIN
On Feb. 24, 2016 under District Court Docket Entry 214, Appellant had filed a
detailed motion for a properly narrowly tailored Injunction under the All Writs act
detailing in part how the core parties ( and fiduciaries ) involved in the District
Court action through "extortive, abusive, orchestrated actions of continued abuse
of process in the Florida Probate Courts and by the Florida Probate Courts in
conspiracy and or acting in concert with fiduciaries, counsel and others that are
interfering and threaten to further interfere with this Court's jurisdiction and the
ability to orderly decide the claims before it as there is a real and serious
imminent threat and danger that critical evidence, documents, records, Discovery
and real and personal properties will be permanently lost imminently preventing
this Court from properly adjudicating claims before it while these parties are
simultaneously hiding millions of dollars of assets as shown later herein wholly
Unaccounted for and retaliating against and threatening Appellant." See, Par. 15,
Case: 1: 13-cv-03643 Document#: 214 Filed: 02/24/16 Page 7 of 132 PageID
#:3641.
This motion went on to detail how both Ted Bernstein, the primary Plaintiff in this
action claiming to be the "Trustee" of a "lost Trust" which is the "Beneficiary" of a
"lost" Life Insurance Policy was also acting in concert with Fiduciary Personal
Representative Brian O'Connell of the Estate of Simon Bernstein, to manipulate,
control and orchestrate the Discovery and proceedings in the State Court of Florida
to gain advantage through improper collateral estoppel by rushing to judgment.
While these parties at least on paper appear to be "adversaries" in the District
Court, Appellant showed multiple orchestrated actions where BOTH Fiduciaries
had intentionally failed to obtain Florida Court Ordered Discovery from the
outgoing PRs and Co-Trustees attorneys Tescher and Spallina who were also the
Estate Planners and Drafters for Simon and Shirley Bernstein and who,
presumably, as part of due diligence and common professional practices,
would at least have actual copies of the operative documents, Trusts and Life
Insurance policies now "alleged'' to be "lost" and "missing" in this action.
Tescher and Spallina had been allowed by the Florida Courts to "resign" from the
Florida cases after Appellant filed several Emergency Motions for Injunction and
Freezing of Assets after Tescher and Spallina's office had been caught "forging"
and "falsifying" Notaries and documents under Simon Bernstein's name and others
in the Shirley Bernstein Estate case using Simon Bernstein to sign documents
while then Deceased to such a degree that the Florida Judge had said twice on the
record he had sufficient information to read their "Miranda Warnings".
The All "Writs Motion for Injunction further detailed "Missing Millions"
unaccounted for, "Missing Originals" from related Trusts and Business
entities, "Missing Discovery", "Missing Witnesses", failure to provide
Accountings for years required by Florida Statutes and further showed how
fiduciary Ted Bernstein and PR Brian O'Connell had not only failed to obtain
Court Ordered Discovery from Tescher and Spallina in the Florida State Court
cases but had failed to seek Depositions and Discovery from Tescher and Spallina
on the central operative documents claimed "lost" in this Insurance Action and
further sought to Enjoin and Preserve Evidence in aid of the District Court's
jurisdiction. See, Docket Entry 214, Feb. 24, 2016.
While the District Court had Denied the Motion for Injunction under the AU Writs
finding in part improper Notice procedure used by Appellant, the District Court did
not "strike" the pleading as requested by Plaintiffs and kept the All Writs Motion
pleading in the Record. See Docket Entry 218, Feb. 25, 2016. The District Court
then held several "status" conferences where direct inquiry was made by the
District Court into the "status" of Florida proceedings leading Appellant to believe
there would be a basis to "renew" or "rehear" the All Writs Motion for Injunction
at a later date.
PRIOR HON. JUDGE ST. EVE HAD "STAYED" DISCOVERY UNTIL A
"PROPER TRUSTEE" WAS DETERMINED BUT LATER OPENED
DISCOVERY FOR A BRIEF TIME DESPITE NEVER DETERMINING A
PROPER "TRUSTEE"
Just part of the Appellant's application for Injunctive relief before the US District
Court notified and reminded Hon. Judge Blakey in Paragraph 20 as follows:
"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, Case: 1: 13-cv-03643 Document#: 214
Filed: 02/24/16 Page 9 of 132 PageID #:3643 Page 9 of 132 which remains
disputed. The Trustee/Trust/Beneficiaries!Policy issues remains undetermined
presently and this 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." See, Case: 1: 13-cv-
03643 Document#: 214 Filed: 02/24/16 Page 9 of 132 PageID #:3643. ( emphasis
added).
ONLY EVER SO "MINIMAL" DEPOSITION OF TED BERNSTEIN ON
THE "SEARCH" FOR THE ALLEGED LOST TRUST, POLICY WHILE
NO OTHER
Hon. Judge St. Eve had issued this "stay" upon Plaintiffs Ted Bernstein not being
able to produce a "Trust" which he sued under as alleged "Trustee" claiming lost
or missing. Only a very brief Deposition of Ted Bernstein occurred in this case
where Appellant was afforded "minimal" time at all to question Ted Bernstein on
the alleged "Search" for the "Missing Trust" and documents while multiple other
parties should have Depositions on this topic alone such as Tescher & Spallina,
Heritage, Jackson, Reassured America, PR Brian O'Connell and others.
Appellant's claims in the nature of civil conspiracy, breach of fiduciary duties,
negligence and abuse of process specifically referenced "delay" of inheritance and
delay and denial of proper inheritance rights thus countering any finding that
Appellant had not plead or shown "damages" as "delay damages" particularly in
Life Insurance cases have been recognized by many Courts and thus Appellant will
seek to fully brief the issues upon showing this Court that it has proper Subject
Matter Jurisdiction to hear this Appeal.
Appellant appeared by Telephone in the regular course for a "Status Hearing" on
Jan. 25, 2017, having been granted permission throughout the case to do so as
Appellant lives in Boca Raton, Florida, a considerable distance from Chicago,
Illinois. This "Status Hearing" was set by the District Court on the Court's own
Motion rescheduling a prior Status Hearing scheduled for Dec. 9, 2016. See,
Docket Entry No. 270: "MINUTE entry before the Honorable John Robert Blakey:
On the Court's own motion, the status hearing previously set for 12/9/2016 is reset
for 1/25/2017 at 9:45 a.m. in Courtroom 1725. Mailed notice (gel,) (Entered:
12/06/2016)"
At the Jan. 25, 2017 Status Hearing, the Court "announced" that it had made a
Decision on the Summary Judgment motions granting the Motion to Dismiss
Appellant's claims and Denying the Estate's motion for Summary Judgment but
the Decision was not ready yet, that there would be a long written analysis or
words to that effect and the parties would receive the Decision soon. The Court
then Scheduled ALL PARTIES to appear for a Feb. 21, 2017 Status Hearing to
Schedule a Trial. At no time on Jan. 25, 2017 on the Status Conference Call
Appellant appeared on did the Court Announce or indicate that Appellant
was "Removed" from the case, and in fact Appellant asked the Court to
clarify what was ruled upon and again did not Notice Appellant that he was
not to Appear on Feb. 21, 2017 Status to Schedule a Trial along with the other
parties and instead the District Court again reminded All of the parties of the
upcoming Status Conference to "Schedule a Trial".
Appellant made a Jan. 30th, 2017 filing with the District Court under Docket No.
271 notifying the Court of: difficulties Appellant experienced in the last
Conference call, Appellant's request to "ensure" the integrity of documents by a
recent filing by Plaintiff's attorney Adam Simon due to multiple instances of
"false" and "fraudulent" documents in the related actions, notifying the Court of
upcoming Hearings in Florida before a new Judge Scher as Judge Phillips who had
issued the Orders relied upon by the District Court for "collateral estoppel" had
now recently and suddenly "retired" prematurely, and further notifying the Court
of "collusion" between the PR of the Simon Bernstein Estate and primary Plaintiff
in this action Ted Bernstein and counsel Alan Rose who were continuing to act in
"unity" and raising Conflicts of Interest as had been raised by Appellant on
multiple occasions in the District Court particularly in a Motion for
Injunctive Relief under the All Writs Act filed with the District Court in Feb.
of 2016. See, Docket Entry No. 271; All Writs Act Injunctive Relief Petition in the
District Court Docket Entry No. 214,215,216.
Appellant did receive a copy of the Memorandum Opinion and Order which caine
out later on the Sfillle day Jan. 30, 2017 being on the Electronic ECF System with
the District Court as Appellant had been granted permission to File Electronically
in the District Court and receive Electronic Notices which typically is much easier
being Pro se and not having to go to the Mail to file each document. The express
terms of the Summary Judgment Memorandum did not Notify Appellant that he
was somehow being "fully removed" from the case and simply ended with:
"Conclusion For the foregoing reasons, Plaintiffs' motion for summary judgment
on Eliot Bernstein's claims [239] is granted, and the Estate's motion for summary
judgment [245] is denied." See Docket Entry No. 273.
THE SUMMARY JUDGMENT DID NOT ADDRESS APPELLANT'S
STATUS AS A DEFENDANT SUED IN THE INTERPLEADER
It is noted that Appellant was "sued" into the District Court action as a Defendant
in an Interpleader action filed by insurance Carrier Jackson upon Removal to
Federal Court by Jackson as Appellant is a natural child to Simon Bernstein with a
potential c]aim to the proceeds and the Summary Judgment motions did not
address or discuss in any way Appellant's status as a Defendant in the Interpleader.
Appellant had raised on multiple occasions in the District Court that this status as
a Defendant in the "Interpleader" action was Prejudicial as Appellant became
limited in pursuing Counterclaims, Cross claims and causes of action and should
have been included as a proper Party in Plaintiffs' original actions. See, Docket
Entry No. 17 of June 26, 2013 Jackson Answer and Counterclaim for Interpleader
action and Docket No. 273, the Memorandum Opinion and Order.
INSURANCE CARRIERS CHANGING "OWNERSHIP" IN LESS THAN 45
DAYS OF BEING SUED, NO "SUCCESSOR" INFORMATION PROVIDED
AND RELEASED FROM THE ACTION WITH NO ACTUAL "POLICY"
PROVIDED OVER OBJECTIONS OF APPELLANT:
As this Court will see, the Insurance Carrier sued by the Plaintiffs in the Cook
County State Court "breach of contract" action was Heritage Union Life Insurance
Company allegedly of Jacksonville, Illinois, being allegedly a Minnesota
Corporation. See, Case: 1: 13-cv-03643 Document#: 1-1 Filed: 05/16/13 Page 1 of
5 PageID #:4, showing Heritage sued as of April 5, 2013.
Despite being a natural child and natural Heir of Simon Bernstein, Appellant was
not Named as a Party Plaintiff in the original Cook County State Court action
Complaint that was Removed to Federal Court. Appellant had no knowledge that
this action had even been filed and in fact, none of the 5 children of Simon
Bernstein were named as Parties or referenced in the original Cook County
action as at least Ted Bernstein was involved in this original action together with
attorney Adam Simon suing under an alleged Simon Bernstein Irrevocable
Insurance Trust Dated 6/21/95 with Ted Bernstein claiming to he "Trustee" of a
Trust which to this very day has never been Produced to the Court or parties,
another allegedly "Missing" - "Lost" document in the Estates and Trusts of
Simon and Shirley Bernstein.
Yet, the Carrier who "removed" the action to Federal Court that Appellant was
sued by in this Interpleader action is Jackson National Life Insurance Company,
allegedly a Michigan corporation who claims to be "Successor in Interest" to
"Reassure America Life Insurance Company", a Dallas, Texas company who
allegedly is the "Successor in Interest" to Heritage. This occurred just over a
month later on May 16, 2013 yet none of the Jackson filings show any
Documentary proof of acquiring Reassure America or Heritage or the Successor
information. See, Docket Entries No. 1, 4. 7. 17.
While the District Court Docket in some instances refers to "Heritage" as the
filing party, the actual filing party is "Jackson". See, example, Docket Entries
No. 9, 10.
Further, "Jackson" filed a Notice of Appearance by Attorney Alexander David
Marks ( Docket Entry No. 3 ), while "Heritage" filed an Attorney Appearance
Notice for Frederic A. Mendelsohn ( Docket Entry No. 12 ).
Allegedly, an "AGREED ORDER" to Tender "Insurance Proceeds" into the Court
was made on June 25, 2013, BEFORE APPELLANT HAD EVEN BEEN
"SUlVIMONED" TO APPEAR IN THE CASE. SEE Docket Entry No. 16.
Appellant was first Summoned into the case the next day, June 26, 2013. See 6-26-
13 Docket Entry With NO Docket Entry Number after Docket Entry No. 18.
NOTE: NO CARRIER OR PARTY TO THE DISTRICT COURT ACTION
HAS TENDERED OR PROVIDED AN ACTUAL LEGALLY BINDING
LIFE INSURANCE POLICY, EITHER ORIGINAL, COPY OR OTHERWISE
THAT IS ALLEGED TO BE THE SIMON BERNSTEIN LIFE INSURANCE
POLICY NO. 100928,
Yet somehow the District Court below "accepted" the funds into the Registry as
"Policy Proceeds" prior to Appellant's entry into the case. To Appellant's
knowledge, this would be the first time in Industry History that a Life Insurance
carrier and Reinsurer "lost the policy" as the Industry is highly regulated with
extensive Record Retention Rules.
Appellant asserts this is all part of the "insurance fraud" scheme which has been
reported to Federal and State authorities. As shown by the Docket and Records of
the case, there has been virtually NO DISCOVERY allowed on Record Retention
practices and where the Policy is or has been although Appellant has repeatedly
sought Discovery in the District Court.
Both Ted Bernstein suing as alleged "Trustee" of an alleged "lost" Trust and
Attorney Adam Simon failed to notify the District Court or the Cook County
Court that Ted Bernstein's "other" Attorney Robert Spallina had attempted
to claim the Policy proceeds first as "Trustee" of the same "lost trust"
without Notifying the Insurance Carrier of allegations of possible "Murder"
of Simon Bernstein made by Ted Bernstein at the Hospital on the Night of
Simon Bernstein's Passing and "Investigated" by the Palm Beach County
Sheriff's Office on Ted Bernstein's Request and the Palm Beach Coroner's
office and Spallina was denied his claim by the carrier as he could not
produce a trust showing he was Trustee;
The underlying original "action" was filed as a "breach of contract" action that was
"removed" to Federal Court which was first filed in Cook County by attorney
Adam Simon on behalf of Ted Bernstein who was now acting as the alleged
"Trustee" of the alleged "Simon Bernstein Irrevocable Insurance Trust dated 6-21-
95" not Spallina.
Par. 12 of the Complaint in Cook County falsely claims that "the BERNSTEIN
TRUST, by and through its counsel in Palm Beach County, Fl, submitted a death
claim to HERITAGE" yet fails to state that this "counsel", one Robert Spallina,
actually filed to get the death benefits paid acting also as "TRUSTEE" of this
"Bernstein Trust" which is also allegedly "missing" and "lost". See Case: 1: 13-
cv-03643 Document#: 1-1 Filed: 05/16/13 Page 2 of 5 PageID #:5
Par. 13 further goes on to state, "The Policy, by its terms, obligates HERITAGE to
pay the death benefits to the beneficiary of the policy ... " See,
Par. 14 continues that "HERITAGE has breached its obligations under the policy
by refusing and failing to pay the Policy's death benefits to the BERNSTEIN
TRUST as beneficiary under the policy ... " See, Case: 1: 13-cv-03643 Document
#: 1-1 Filed: 05/16/13 Page 3 of 5 PagelD #:6
Upon information and belief, at no time did Attorney Spallina notify the
Carrier that allegations of possible "Murder" had been made by his client Ted
Bernstein on the night of Simon's Bernstein's passing such that not only was
Appellant "blocked" by Hospital Security from initially getting back in to see
Simon at the Hospital as he lay dying in a Code Blue recessation state, but further
that the Palm Beach Sheriff's Office hours later showed up at the Simon
Bernstein home to "Investigate" the allegations of Murder which had not been
"closed" at the time the death benefits were sought and Ted summoned the
coroner to conduct an autopsy.
The original Complaint also does not allege that both the Policy and Trust were
"lost" or "missing". See, Case: 1: 13-cv-03643 Document#: 1-1 Filed: 05/16/13.
SIMON BERNSTEIN HOME COMPUTERS "WIPED CLEAN" ON THE
NIGHT OF HIS PASSING ALLEGED AS A POSSIBLE "MURDER"
WHILE OTHER DOCUMENTS GO OUT OF THE "HOl\!IE SAFE" ON
THE NIGHT OF PASSING ALLEGEDLY TO TED BERNSTEIN VIA
RACHEL WALKER; SIMON'S BODY THEREAFTER "GOES MISSING"
AFTER BEING SENT FOR AUTOPSY AND REPORTS COME BACK
WITH ELEVATED HEAVY METALS LEVEL BUT OF A 113 YEAR OLD
MAN
See, All Writs Motion for Injunction ( Docket Entry No. 214) and related filings
for details on Simon Bernstein's Home Computers found "wiped clean" on the
night of his passing and his Body then "going missing" for a week after Palm
Beach Sheriff's Office ( PBSO ) investigating possible "Murder" which was not
reported by Plaintiff Ted Bernstein or his stable of counsels to the Insurance
Carriers.
This action has a complicated procedural history being first originally heard before
US District Judge Hon. St. Eve starting on or around May of2013 and then US
District Judge Hon. Robert Blakey who was Assigned the case beginning on or
around January 15, 2015. Throughout this time, related Estate Probate and Trust
actions have been ongoing in the State of Florida in the Fifteenth Judicial Circuit in
Palm Beach County where Appellant moved residency to several years ago from
California at the specific request of his now deceased parents Shirley and Simon
Bernstein who wanted to be close to Eliot, his wife and three children, Simon and
Shirley, who are originally from the Chicago, Illinois area for many years until
moving to Boca Raton, Florida.
Simon Bernstein was a successful businessman in the Insurance industry since the
1970s, had earned tens of millions of dollars during his lifetime, set up multiple
companies and eventually moved to Boca Raton, Florida with his wife Shirley who
was also Appellant's natural mother.
Successes and Properties of Simon and Shirley Bernstein
Through these successes, Simon and Shirley Bernstein came to own several
insurance businesses, trust companies, fully paid for real estate including an
Oceanfront condo in Boca Raton, FL and Estate home in the prestigious St.
Andrews Golf and Country Club where ''Billionaires" are members, along with
owning multiple luxury cars outright, millions of dollars in jewelry, art and
furnishings, being "Private Banking" clients at leading US financial firms and
having millions of dollars invested in blue chip stocks and other investments. Prior
to his passing, Simon Bernstein had the fully paid for St. Andrew's Home
appraised at approximately $3. 8 Million and the Oceanfront "Shirley" Condo
appraised at approximately $1.8 million dollars. The luxury cars included a fully
paid Bentley and a fully paid leased Porsche. Simon and Shirley often travelled by
Private Jet during their lifetime including with Appellant's children who were
"minors" at the time and their lifestyle remained five star until the day they died.
Sunon in the years before his death in 2012 in 2007-2008 declared income of
$3,756,299 in 2008 and $2,374,392 in 2007 and this from only one of his many
companies, LIC Holdings, Inc.
Direct Knowledge of Record Keepin2 Practices of Simon Bernstein As stated in pleadings and in part by a sworn Declaration before the District Court, at one point in time, Appellant had been a "Top Seller" of Insurance through his independent agency as well working alongside his father Simon Bernstein's companies and became intimately familiar with the meticulous Record Keeping
practices required to be successful in the Insurance industry that his father taught him and was directly familiar with Simon's multiple Record Keeping and Storage locations and practices in the Boca Raton, Florida area in the years prior to his passing. Simon was a leading Estate planner for Insurance products for his clientele primarily composed of millionaires and several billionaires and created sophisticated trusts and estate plans in conjunction with his products for his clients.
Other Business Agreements with Simon Bernstein and "lviewit Technologies"; Simon Bernstein's "Missing Stock:
For further information, see All Writs Injunction Docket No. 214, Feb. 2016 as
these interests and allegations help explain in part the purpose of the fraud schemes
at play.
Appellant Eliot Bernstein later went on to become an "Inventor" of Backbone
Technologies known as "Iviewit" involving the scaling of Digital and Video
Imaging across the Internet and all other wired and wireless mediums, a business
was fonned with he and his father as partners and his father Chairman of the Board
for several years.
Eliot Bernstein later entered into other Business agreements with his father in
relation to the Intellectual Properties as Simon Bernstein became the seed Investor
with a 30% IP interest and 30% Shareholder interest in the Iviewit companies and
where the technologies had been valued in the hundreds of billions of dollars to
"Priceless" over the lifetime of the Intellectual Property after being tested by
Leading engineers and industry experts including at Lockheed Martin, the Intel
Corporation, Real3D Inc, AOLTW, Warner Bros., Sony and others who all signed
various licensing contracts with Appellant and his father's companies dating back
to the late 1990s through early 2000's.
The Intellectual Properties (Patents, Trademarks, Copyrights and Trade Secrets) were then discovered to be being stolen from the Iviewit Companies by some of the very lawyers retained to protect
the Intellectual Properties and do the Corporate work to license them and these matters have since been the subject of open Federal investigations relating to the Thefts and Fraud at the US Patent Office where Appellant was specifically directed by Harry I. Moatz who headed the Office of Enrollment and Discipline ( OED of the USPTO) to file Fraud charges for Fraud against th.e United States and the true and proper inventors and owners of the IP, as the attorneys had filed fraudulent IP
applications alleging themselves and others as the inventors on IP applications.
Where the Intellectual Properties have both massive Military and Civilian use
across the globe they are now responsible for creating and distributing over 90% of
all digital video and imaging transmissions sent worldwide. Because of the
massive thefts and fraud, Appellant's companies were intentionally forced out of
business and Appellant, other Shareholders and patent interest holders have not yet
been able to monetize the IP Royalties as the Intellectual Properties were
fraudulently placed into the names of others and subsequently suspended by the
USPTO based upon ongoing investigations into the frauds committed by the
attorneys who were USPTO Patent Bar members.
These rogue attorneys at law have converted the royalty streams to themselves and their law firms through multiple Antitrust Violations, including Patent Pooling Schemes that Bundle & Tie
the technologies into "standards" such as MPEG, blocking Appellant from market
Due to this most dangerous situation Appellant was cast into, Simon and Eliot
Bernstein entered into agreements to provide for Eliot's family's welfare and
safety while there are ongoing Federal investigations to regain the IP. Simon and
Shirley therefore set up a monthly income stream to cover all of Eliot's family
living expenses which had been in effect for many years prior to their deaths, they
set up multiple trusts and companies for he and his children to protect the assets
put in their names and their estate plans have provisions to have maintained this for
many years after their deaths. [ NOTE: A source known as "DC No. 1" and by
multiple other names is available upon proper Notice as a Witness in regard to the
Patent Frauds, IP frauds and other Federal and State Corruption issues relevant herein.
This source is also known, upon information and belief and in part direct
knowledge, to have special Security Access to Federal Courthouses, Chambers
of US Judges, US Attorneys, 26 Federal Plaza of the FBI, NY, NY, Signal
Intelligence information, the "bizarrely stalled FBI Investigation" into the
Iviewit Patent thefts, and is alleged to have worked with multiple Federal Agencies
including the Treasury Department ( IRS ), US Postal Inspector's Office, DOJ, and
to have worked Federal Cases in the Chicago area, Boston area, NYC area and to
have been able to use the Address of 1600 Pennsylvania A venue, Washington, DC
in Federal Court papers with no known sanctions. ]
Specific Estate Planning by Simon Bernstein for the Benefit of Eliot Bernstein
and Family:
Pleadings already exist in the Record showing that Appellant's Family Mini-van
was "Car Bombed" Iraqi style while pursuing rights to the Stolen Intellectual
Properties while Shirley and Simon Bernstein were alive ( see, w\vw.ivie,,vit.tv )
and further that Plaintiff Ted Bernstein, Appellant's brother, who was living with
his children in his parents' home and virtually broke prior to this Car bombing and
closely involved with the last "arrangements" on the Mini Van ultimately Car
bombed in Boynton Beach, Florida and who later became and remains close
friends and business associates with the very same International law firms and
others implicated in the Patent frauds against his brother Appellant and then he
suddenly acquired a $5 Million plus Intra-Coastal home in Palm Beach County
after the bombing. Two of the law firms involved in the IP thefts are Proskauer
Rose and Foley-Lardner who are now also directly implicated in the estate and
trust proceedings in the Florida Courts and this District Court, as a Proskauer Will
for Simon Bernstein and Trust from the year 2000 is involved and may be a
beneficiary of the lost policy, as well as a Foley Lardner LLP trust that is missing
yet is alleged to be the Plaintiff in this matter before this Court.
No direct Discovery against these law firms was permitted or scheduled thus far in District
Court proceedings or in any of the related Florida State Court proceedings.
Simon's friend and Iviewit accountant, Gerald Lewin, CPA, is also implicated in
the IP thefts and was the party to who brought his "friends" from Proskauer Rose
in, Estate planner Albert Gortz and others, ground:floor to be a part of this
revolutionary technology discovered by Appellant and all are small shareholders in
the companies. As a result of dangers to Appellant's family from the Attempted
Murder of his family, resulting Investigations and forced closing of the companies,
Appellant and Simon Bernstein entered into specific agreements and Planning
designed to protect their families in the event Appellant or any of his family were
murdered.
These business agreements between Appellant and Simon Bernstein included
specific Estate Planning for Appellant's family and minor children and Simon and
Shirley further wanted Appellant's family to live close to them in Boca Raton so a
company was set up to Purchase Appellant's family home in Appellant's children's
names and held in separate trusts created for the minor children at the time by
Simon and Shirley in Boca Raton where Appellant and his wife and children
enjoyed a close, loving and special relationship with Simon and Shirley until their
passing.
Thus, Appellant has a direct basis to be aware of the Record Keeping
practices his father Simon Bernstein during his lifetime, but also reason to know
and believe that Appellant is among the Beneficiaries of the various Estate
Planning instruments by Simon and Shirley and someone whose family has claim
to the Life Insurance proceeds.
Plaintiffs Ted Bernstein and Pamela Bernstein Simon with Direct Involvement
in the Simon Bernstein Companies and Significant Insurance Contacts:
Plaintiffs Ted Bernstein and Pamela Bernstein Simon both worked significantly
with Simon Bernstein for years and have decades of contacts in the Insurance
industry."
Source and Full Document
https://drive.google.com/file/d/0Bzn2NurXrSkiSm9KbnR4alhQYVE/view?usp=sharing
SIMON BERNSTEIN IRREVOCABLE
INSURANCE TRUST DTD. 6/21/95,
et al. , Plaintiffs-Appellees,
V.
HERITAGE UNION LIFE
INSURANCE CO., et al.,
Defendants-Appellees
Appeal from the United States
District Court, Northern District of
Illinois, Eastern Division.
LC No. l:13-CV-O3643
John Robert Blakey, Judge
APPELLANT'S JURISDICTIONAL MEMORANDUM:
APPELLANT- CROSS AND COUNTERPLAINTIFF ELIOT I. BERNSTEIN,
PRO SE, hereinafter referred to as Appellant, respectfully submits the following
Jurisdictional Memorandum in response to this Court's Order ofMay 14, 2017
Order and shows this court as follows:
Appellant asserts that this Court has federal Appellate Jurisdiction under 28 USC
Sec. 1291 and 28 USC Sec. 1292(a)(l) as set out further herein.
BACKGROUND AND PROCEDURAL SUMMARY
This Statement of Jurisdiction is submitted in response to this Court's Order upon
an Appeal of a Memorandum Opinion and Order of the District Court of the
Northern District of Illinois, Hon. Judge Robert Blakey, presiding, dated Jan. 30,
2017 which Decided various Summary Judgment motions including Dismissing all
of Appellant's claims in the nature of fraud, negligence, breach of fiduciary duty,
conversion, abuse of legal process, legal malpractice, and civil conspiracy and also
denying Summary Judgment to an Intervenor brought on behalf of the Estate of
Simon Bernstein in relation to certain proceeds Deposited into the District Court
Registry by an Insurance Carrier totaling just under $2 Million US Dollars
allegedly from a Life Insurance Policy for Appellant's Deceased father Simon
Bernstein. See, Docket Entry #273.
As further discussed, this Order was in relation to "the Second Round" of
Summary Judgment motions brought by Plaintiffs, this time moving for Summary
Judgment dismissing Appellant's claims entirely after the US District Court had
found substantial issues of material fact in denying Summary Judgment to the
Plaintiffs initial filing.
All of the critical and undeniable material issues of fact raised by Appellant
leading up to the Denial of Plaintiffs' Summary Judgment in their favor ( on
Summary Judgment "Round l" ) remained material issues of fact in this "second
round" of motions and remain open and existing material issues of fact to this day.
Plaintiffs had never overcome any of these issues of material fact in filing their
motion against Appellant in Round 2, notably, that there is no "Trust" produced by
Plaintiffs as the alleged Beneficiary of a Life Insurance Policy where Plaintiffs
claim the Trust as "lost" or "missing" but Appellant alleges is intentionally
"secreted", "withhe]d" or "destroyed". More importantly, there has been and
remains no actual Life Insurance Policy ( contract ) produced by either the
Plaintiffs or the involved Carriers where again Plaintiffs claimed this Policy is
"lost" or ''missing" despite having gone through a "Reinstatement" shortly prior to
the passing of the Insured Simon Bernstein yet where again Appellant has claimed
the Policy has been intentionally "secreted", "destroyed" or "withheld" and where
this is a "first of its kind" case to Appellant's knowledge where a Carrier has "lost''
a Life Insurance Policy being part of a highly regulated industry with rigid Record
Keeping requirements. Despite having no actual "Policy" produced with full
contractual provisions, riders, amendments and terms and conditions, all Carriers
were "let out" of the case by the US District Court ( prior Hon. Judge St. Eve)
after depositing approximately $1.7 Million into the Court Registry on an Interpleader complaint.
The current US District Court ( Hon. Judge Blalcey ) has repeatedly denied any Depositions and Discovery against the Carriers and denied Appellant's motions to be brought back into the case as parties "necessary" for a full determination on the merits despite evidence
in the Record that the Plaintiffs and their lawyers had communications about
seeking or having a "friendly carrier".
APPELLANT SOUGHT INJUNCTIVE RELIEF AT THE US DISTRICT
COURT ON A MOTION UNDER THE ALL WRITS ACT FILED IN FEB.
2016 AND INTENDS TO APPLY AGAIN FOR A STAY AND INJUNCTIVE
RELIEF UNDER THE RULES AND RESPECTFULLY URGES THIS
COURT TO CAREFULLY EXAMINE THIS MOTION AS A "ROADMAP"
TO THE CASE HEREIN
On Feb. 24, 2016 under District Court Docket Entry 214, Appellant had filed a
detailed motion for a properly narrowly tailored Injunction under the All Writs act
detailing in part how the core parties ( and fiduciaries ) involved in the District
Court action through "extortive, abusive, orchestrated actions of continued abuse
of process in the Florida Probate Courts and by the Florida Probate Courts in
conspiracy and or acting in concert with fiduciaries, counsel and others that are
interfering and threaten to further interfere with this Court's jurisdiction and the
ability to orderly decide the claims before it as there is a real and serious
imminent threat and danger that critical evidence, documents, records, Discovery
and real and personal properties will be permanently lost imminently preventing
this Court from properly adjudicating claims before it while these parties are
simultaneously hiding millions of dollars of assets as shown later herein wholly
Unaccounted for and retaliating against and threatening Appellant." See, Par. 15,
Case: 1: 13-cv-03643 Document#: 214 Filed: 02/24/16 Page 7 of 132 PageID
#:3641.
This motion went on to detail how both Ted Bernstein, the primary Plaintiff in this
action claiming to be the "Trustee" of a "lost Trust" which is the "Beneficiary" of a
"lost" Life Insurance Policy was also acting in concert with Fiduciary Personal
Representative Brian O'Connell of the Estate of Simon Bernstein, to manipulate,
control and orchestrate the Discovery and proceedings in the State Court of Florida
to gain advantage through improper collateral estoppel by rushing to judgment.
While these parties at least on paper appear to be "adversaries" in the District
Court, Appellant showed multiple orchestrated actions where BOTH Fiduciaries
had intentionally failed to obtain Florida Court Ordered Discovery from the
outgoing PRs and Co-Trustees attorneys Tescher and Spallina who were also the
Estate Planners and Drafters for Simon and Shirley Bernstein and who,
presumably, as part of due diligence and common professional practices,
would at least have actual copies of the operative documents, Trusts and Life
Insurance policies now "alleged'' to be "lost" and "missing" in this action.
Tescher and Spallina had been allowed by the Florida Courts to "resign" from the
Florida cases after Appellant filed several Emergency Motions for Injunction and
Freezing of Assets after Tescher and Spallina's office had been caught "forging"
and "falsifying" Notaries and documents under Simon Bernstein's name and others
in the Shirley Bernstein Estate case using Simon Bernstein to sign documents
while then Deceased to such a degree that the Florida Judge had said twice on the
record he had sufficient information to read their "Miranda Warnings".
The All "Writs Motion for Injunction further detailed "Missing Millions"
unaccounted for, "Missing Originals" from related Trusts and Business
entities, "Missing Discovery", "Missing Witnesses", failure to provide
Accountings for years required by Florida Statutes and further showed how
fiduciary Ted Bernstein and PR Brian O'Connell had not only failed to obtain
Court Ordered Discovery from Tescher and Spallina in the Florida State Court
cases but had failed to seek Depositions and Discovery from Tescher and Spallina
on the central operative documents claimed "lost" in this Insurance Action and
further sought to Enjoin and Preserve Evidence in aid of the District Court's
jurisdiction. See, Docket Entry 214, Feb. 24, 2016.
While the District Court had Denied the Motion for Injunction under the AU Writs
finding in part improper Notice procedure used by Appellant, the District Court did
not "strike" the pleading as requested by Plaintiffs and kept the All Writs Motion
pleading in the Record. See Docket Entry 218, Feb. 25, 2016. The District Court
then held several "status" conferences where direct inquiry was made by the
District Court into the "status" of Florida proceedings leading Appellant to believe
there would be a basis to "renew" or "rehear" the All Writs Motion for Injunction
at a later date.
PRIOR HON. JUDGE ST. EVE HAD "STAYED" DISCOVERY UNTIL A
"PROPER TRUSTEE" WAS DETERMINED BUT LATER OPENED
DISCOVERY FOR A BRIEF TIME DESPITE NEVER DETERMINING A
PROPER "TRUSTEE"
Just part of the Appellant's application for Injunctive relief before the US District
Court notified and reminded Hon. Judge Blakey in Paragraph 20 as follows:
"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, Case: 1: 13-cv-03643 Document#: 214
Filed: 02/24/16 Page 9 of 132 PageID #:3643 Page 9 of 132 which remains
disputed. The Trustee/Trust/Beneficiaries!Policy issues remains undetermined
presently and this 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." See, Case: 1: 13-cv-
03643 Document#: 214 Filed: 02/24/16 Page 9 of 132 PageID #:3643. ( emphasis
added).
ONLY EVER SO "MINIMAL" DEPOSITION OF TED BERNSTEIN ON
THE "SEARCH" FOR THE ALLEGED LOST TRUST, POLICY WHILE
NO OTHER
Hon. Judge St. Eve had issued this "stay" upon Plaintiffs Ted Bernstein not being
able to produce a "Trust" which he sued under as alleged "Trustee" claiming lost
or missing. Only a very brief Deposition of Ted Bernstein occurred in this case
where Appellant was afforded "minimal" time at all to question Ted Bernstein on
the alleged "Search" for the "Missing Trust" and documents while multiple other
parties should have Depositions on this topic alone such as Tescher & Spallina,
Heritage, Jackson, Reassured America, PR Brian O'Connell and others.
Appellant's claims in the nature of civil conspiracy, breach of fiduciary duties,
negligence and abuse of process specifically referenced "delay" of inheritance and
delay and denial of proper inheritance rights thus countering any finding that
Appellant had not plead or shown "damages" as "delay damages" particularly in
Life Insurance cases have been recognized by many Courts and thus Appellant will
seek to fully brief the issues upon showing this Court that it has proper Subject
Matter Jurisdiction to hear this Appeal.
Appellant appeared by Telephone in the regular course for a "Status Hearing" on
Jan. 25, 2017, having been granted permission throughout the case to do so as
Appellant lives in Boca Raton, Florida, a considerable distance from Chicago,
Illinois. This "Status Hearing" was set by the District Court on the Court's own
Motion rescheduling a prior Status Hearing scheduled for Dec. 9, 2016. See,
Docket Entry No. 270: "MINUTE entry before the Honorable John Robert Blakey:
On the Court's own motion, the status hearing previously set for 12/9/2016 is reset
for 1/25/2017 at 9:45 a.m. in Courtroom 1725. Mailed notice (gel,) (Entered:
12/06/2016)"
At the Jan. 25, 2017 Status Hearing, the Court "announced" that it had made a
Decision on the Summary Judgment motions granting the Motion to Dismiss
Appellant's claims and Denying the Estate's motion for Summary Judgment but
the Decision was not ready yet, that there would be a long written analysis or
words to that effect and the parties would receive the Decision soon. The Court
then Scheduled ALL PARTIES to appear for a Feb. 21, 2017 Status Hearing to
Schedule a Trial. At no time on Jan. 25, 2017 on the Status Conference Call
Appellant appeared on did the Court Announce or indicate that Appellant
was "Removed" from the case, and in fact Appellant asked the Court to
clarify what was ruled upon and again did not Notice Appellant that he was
not to Appear on Feb. 21, 2017 Status to Schedule a Trial along with the other
parties and instead the District Court again reminded All of the parties of the
upcoming Status Conference to "Schedule a Trial".
Appellant made a Jan. 30th, 2017 filing with the District Court under Docket No.
271 notifying the Court of: difficulties Appellant experienced in the last
Conference call, Appellant's request to "ensure" the integrity of documents by a
recent filing by Plaintiff's attorney Adam Simon due to multiple instances of
"false" and "fraudulent" documents in the related actions, notifying the Court of
upcoming Hearings in Florida before a new Judge Scher as Judge Phillips who had
issued the Orders relied upon by the District Court for "collateral estoppel" had
now recently and suddenly "retired" prematurely, and further notifying the Court
of "collusion" between the PR of the Simon Bernstein Estate and primary Plaintiff
in this action Ted Bernstein and counsel Alan Rose who were continuing to act in
"unity" and raising Conflicts of Interest as had been raised by Appellant on
multiple occasions in the District Court particularly in a Motion for
Injunctive Relief under the All Writs Act filed with the District Court in Feb.
of 2016. See, Docket Entry No. 271; All Writs Act Injunctive Relief Petition in the
District Court Docket Entry No. 214,215,216.
Appellant did receive a copy of the Memorandum Opinion and Order which caine
out later on the Sfillle day Jan. 30, 2017 being on the Electronic ECF System with
the District Court as Appellant had been granted permission to File Electronically
in the District Court and receive Electronic Notices which typically is much easier
being Pro se and not having to go to the Mail to file each document. The express
terms of the Summary Judgment Memorandum did not Notify Appellant that he
was somehow being "fully removed" from the case and simply ended with:
"Conclusion For the foregoing reasons, Plaintiffs' motion for summary judgment
on Eliot Bernstein's claims [239] is granted, and the Estate's motion for summary
judgment [245] is denied." See Docket Entry No. 273.
THE SUMMARY JUDGMENT DID NOT ADDRESS APPELLANT'S
STATUS AS A DEFENDANT SUED IN THE INTERPLEADER
It is noted that Appellant was "sued" into the District Court action as a Defendant
in an Interpleader action filed by insurance Carrier Jackson upon Removal to
Federal Court by Jackson as Appellant is a natural child to Simon Bernstein with a
potential c]aim to the proceeds and the Summary Judgment motions did not
address or discuss in any way Appellant's status as a Defendant in the Interpleader.
Appellant had raised on multiple occasions in the District Court that this status as
a Defendant in the "Interpleader" action was Prejudicial as Appellant became
limited in pursuing Counterclaims, Cross claims and causes of action and should
have been included as a proper Party in Plaintiffs' original actions. See, Docket
Entry No. 17 of June 26, 2013 Jackson Answer and Counterclaim for Interpleader
action and Docket No. 273, the Memorandum Opinion and Order.
INSURANCE CARRIERS CHANGING "OWNERSHIP" IN LESS THAN 45
DAYS OF BEING SUED, NO "SUCCESSOR" INFORMATION PROVIDED
AND RELEASED FROM THE ACTION WITH NO ACTUAL "POLICY"
PROVIDED OVER OBJECTIONS OF APPELLANT:
As this Court will see, the Insurance Carrier sued by the Plaintiffs in the Cook
County State Court "breach of contract" action was Heritage Union Life Insurance
Company allegedly of Jacksonville, Illinois, being allegedly a Minnesota
Corporation. See, Case: 1: 13-cv-03643 Document#: 1-1 Filed: 05/16/13 Page 1 of
5 PageID #:4, showing Heritage sued as of April 5, 2013.
Despite being a natural child and natural Heir of Simon Bernstein, Appellant was
not Named as a Party Plaintiff in the original Cook County State Court action
Complaint that was Removed to Federal Court. Appellant had no knowledge that
this action had even been filed and in fact, none of the 5 children of Simon
Bernstein were named as Parties or referenced in the original Cook County
action as at least Ted Bernstein was involved in this original action together with
attorney Adam Simon suing under an alleged Simon Bernstein Irrevocable
Insurance Trust Dated 6/21/95 with Ted Bernstein claiming to he "Trustee" of a
Trust which to this very day has never been Produced to the Court or parties,
another allegedly "Missing" - "Lost" document in the Estates and Trusts of
Simon and Shirley Bernstein.
Yet, the Carrier who "removed" the action to Federal Court that Appellant was
sued by in this Interpleader action is Jackson National Life Insurance Company,
allegedly a Michigan corporation who claims to be "Successor in Interest" to
"Reassure America Life Insurance Company", a Dallas, Texas company who
allegedly is the "Successor in Interest" to Heritage. This occurred just over a
month later on May 16, 2013 yet none of the Jackson filings show any
Documentary proof of acquiring Reassure America or Heritage or the Successor
information. See, Docket Entries No. 1, 4. 7. 17.
While the District Court Docket in some instances refers to "Heritage" as the
filing party, the actual filing party is "Jackson". See, example, Docket Entries
No. 9, 10.
Further, "Jackson" filed a Notice of Appearance by Attorney Alexander David
Marks ( Docket Entry No. 3 ), while "Heritage" filed an Attorney Appearance
Notice for Frederic A. Mendelsohn ( Docket Entry No. 12 ).
Allegedly, an "AGREED ORDER" to Tender "Insurance Proceeds" into the Court
was made on June 25, 2013, BEFORE APPELLANT HAD EVEN BEEN
"SUlVIMONED" TO APPEAR IN THE CASE. SEE Docket Entry No. 16.
Appellant was first Summoned into the case the next day, June 26, 2013. See 6-26-
13 Docket Entry With NO Docket Entry Number after Docket Entry No. 18.
NOTE: NO CARRIER OR PARTY TO THE DISTRICT COURT ACTION
HAS TENDERED OR PROVIDED AN ACTUAL LEGALLY BINDING
LIFE INSURANCE POLICY, EITHER ORIGINAL, COPY OR OTHERWISE
THAT IS ALLEGED TO BE THE SIMON BERNSTEIN LIFE INSURANCE
POLICY NO. 100928,
Yet somehow the District Court below "accepted" the funds into the Registry as
"Policy Proceeds" prior to Appellant's entry into the case. To Appellant's
knowledge, this would be the first time in Industry History that a Life Insurance
carrier and Reinsurer "lost the policy" as the Industry is highly regulated with
extensive Record Retention Rules.
Appellant asserts this is all part of the "insurance fraud" scheme which has been
reported to Federal and State authorities. As shown by the Docket and Records of
the case, there has been virtually NO DISCOVERY allowed on Record Retention
practices and where the Policy is or has been although Appellant has repeatedly
sought Discovery in the District Court.
Both Ted Bernstein suing as alleged "Trustee" of an alleged "lost" Trust and
Attorney Adam Simon failed to notify the District Court or the Cook County
Court that Ted Bernstein's "other" Attorney Robert Spallina had attempted
to claim the Policy proceeds first as "Trustee" of the same "lost trust"
without Notifying the Insurance Carrier of allegations of possible "Murder"
of Simon Bernstein made by Ted Bernstein at the Hospital on the Night of
Simon Bernstein's Passing and "Investigated" by the Palm Beach County
Sheriff's Office on Ted Bernstein's Request and the Palm Beach Coroner's
office and Spallina was denied his claim by the carrier as he could not
produce a trust showing he was Trustee;
The underlying original "action" was filed as a "breach of contract" action that was
"removed" to Federal Court which was first filed in Cook County by attorney
Adam Simon on behalf of Ted Bernstein who was now acting as the alleged
"Trustee" of the alleged "Simon Bernstein Irrevocable Insurance Trust dated 6-21-
95" not Spallina.
Par. 12 of the Complaint in Cook County falsely claims that "the BERNSTEIN
TRUST, by and through its counsel in Palm Beach County, Fl, submitted a death
claim to HERITAGE" yet fails to state that this "counsel", one Robert Spallina,
actually filed to get the death benefits paid acting also as "TRUSTEE" of this
"Bernstein Trust" which is also allegedly "missing" and "lost". See Case: 1: 13-
cv-03643 Document#: 1-1 Filed: 05/16/13 Page 2 of 5 PageID #:5
Par. 13 further goes on to state, "The Policy, by its terms, obligates HERITAGE to
pay the death benefits to the beneficiary of the policy ... " See,
Par. 14 continues that "HERITAGE has breached its obligations under the policy
by refusing and failing to pay the Policy's death benefits to the BERNSTEIN
TRUST as beneficiary under the policy ... " See, Case: 1: 13-cv-03643 Document
#: 1-1 Filed: 05/16/13 Page 3 of 5 PagelD #:6
Upon information and belief, at no time did Attorney Spallina notify the
Carrier that allegations of possible "Murder" had been made by his client Ted
Bernstein on the night of Simon's Bernstein's passing such that not only was
Appellant "blocked" by Hospital Security from initially getting back in to see
Simon at the Hospital as he lay dying in a Code Blue recessation state, but further
that the Palm Beach Sheriff's Office hours later showed up at the Simon
Bernstein home to "Investigate" the allegations of Murder which had not been
"closed" at the time the death benefits were sought and Ted summoned the
coroner to conduct an autopsy.
The original Complaint also does not allege that both the Policy and Trust were
"lost" or "missing". See, Case: 1: 13-cv-03643 Document#: 1-1 Filed: 05/16/13.
SIMON BERNSTEIN HOME COMPUTERS "WIPED CLEAN" ON THE
NIGHT OF HIS PASSING ALLEGED AS A POSSIBLE "MURDER"
WHILE OTHER DOCUMENTS GO OUT OF THE "HOl\!IE SAFE" ON
THE NIGHT OF PASSING ALLEGEDLY TO TED BERNSTEIN VIA
RACHEL WALKER; SIMON'S BODY THEREAFTER "GOES MISSING"
AFTER BEING SENT FOR AUTOPSY AND REPORTS COME BACK
WITH ELEVATED HEAVY METALS LEVEL BUT OF A 113 YEAR OLD
MAN
See, All Writs Motion for Injunction ( Docket Entry No. 214) and related filings
for details on Simon Bernstein's Home Computers found "wiped clean" on the
night of his passing and his Body then "going missing" for a week after Palm
Beach Sheriff's Office ( PBSO ) investigating possible "Murder" which was not
reported by Plaintiff Ted Bernstein or his stable of counsels to the Insurance
Carriers.
This action has a complicated procedural history being first originally heard before
US District Judge Hon. St. Eve starting on or around May of2013 and then US
District Judge Hon. Robert Blakey who was Assigned the case beginning on or
around January 15, 2015. Throughout this time, related Estate Probate and Trust
actions have been ongoing in the State of Florida in the Fifteenth Judicial Circuit in
Palm Beach County where Appellant moved residency to several years ago from
California at the specific request of his now deceased parents Shirley and Simon
Bernstein who wanted to be close to Eliot, his wife and three children, Simon and
Shirley, who are originally from the Chicago, Illinois area for many years until
moving to Boca Raton, Florida.
Simon Bernstein was a successful businessman in the Insurance industry since the
1970s, had earned tens of millions of dollars during his lifetime, set up multiple
companies and eventually moved to Boca Raton, Florida with his wife Shirley who
was also Appellant's natural mother.
Successes and Properties of Simon and Shirley Bernstein
Through these successes, Simon and Shirley Bernstein came to own several
insurance businesses, trust companies, fully paid for real estate including an
Oceanfront condo in Boca Raton, FL and Estate home in the prestigious St.
Andrews Golf and Country Club where ''Billionaires" are members, along with
owning multiple luxury cars outright, millions of dollars in jewelry, art and
furnishings, being "Private Banking" clients at leading US financial firms and
having millions of dollars invested in blue chip stocks and other investments. Prior
to his passing, Simon Bernstein had the fully paid for St. Andrew's Home
appraised at approximately $3. 8 Million and the Oceanfront "Shirley" Condo
appraised at approximately $1.8 million dollars. The luxury cars included a fully
paid Bentley and a fully paid leased Porsche. Simon and Shirley often travelled by
Private Jet during their lifetime including with Appellant's children who were
"minors" at the time and their lifestyle remained five star until the day they died.
Sunon in the years before his death in 2012 in 2007-2008 declared income of
$3,756,299 in 2008 and $2,374,392 in 2007 and this from only one of his many
companies, LIC Holdings, Inc.
Direct Knowledge of Record Keepin2 Practices of Simon Bernstein As stated in pleadings and in part by a sworn Declaration before the District Court, at one point in time, Appellant had been a "Top Seller" of Insurance through his independent agency as well working alongside his father Simon Bernstein's companies and became intimately familiar with the meticulous Record Keeping
practices required to be successful in the Insurance industry that his father taught him and was directly familiar with Simon's multiple Record Keeping and Storage locations and practices in the Boca Raton, Florida area in the years prior to his passing. Simon was a leading Estate planner for Insurance products for his clientele primarily composed of millionaires and several billionaires and created sophisticated trusts and estate plans in conjunction with his products for his clients.
Other Business Agreements with Simon Bernstein and "lviewit Technologies"; Simon Bernstein's "Missing Stock:
For further information, see All Writs Injunction Docket No. 214, Feb. 2016 as
these interests and allegations help explain in part the purpose of the fraud schemes
at play.
Appellant Eliot Bernstein later went on to become an "Inventor" of Backbone
Technologies known as "Iviewit" involving the scaling of Digital and Video
Imaging across the Internet and all other wired and wireless mediums, a business
was fonned with he and his father as partners and his father Chairman of the Board
for several years.
Eliot Bernstein later entered into other Business agreements with his father in
relation to the Intellectual Properties as Simon Bernstein became the seed Investor
with a 30% IP interest and 30% Shareholder interest in the Iviewit companies and
where the technologies had been valued in the hundreds of billions of dollars to
"Priceless" over the lifetime of the Intellectual Property after being tested by
Leading engineers and industry experts including at Lockheed Martin, the Intel
Corporation, Real3D Inc, AOLTW, Warner Bros., Sony and others who all signed
various licensing contracts with Appellant and his father's companies dating back
to the late 1990s through early 2000's.
The Intellectual Properties (Patents, Trademarks, Copyrights and Trade Secrets) were then discovered to be being stolen from the Iviewit Companies by some of the very lawyers retained to protect
the Intellectual Properties and do the Corporate work to license them and these matters have since been the subject of open Federal investigations relating to the Thefts and Fraud at the US Patent Office where Appellant was specifically directed by Harry I. Moatz who headed the Office of Enrollment and Discipline ( OED of the USPTO) to file Fraud charges for Fraud against th.e United States and the true and proper inventors and owners of the IP, as the attorneys had filed fraudulent IP
applications alleging themselves and others as the inventors on IP applications.
Where the Intellectual Properties have both massive Military and Civilian use
across the globe they are now responsible for creating and distributing over 90% of
all digital video and imaging transmissions sent worldwide. Because of the
massive thefts and fraud, Appellant's companies were intentionally forced out of
business and Appellant, other Shareholders and patent interest holders have not yet
been able to monetize the IP Royalties as the Intellectual Properties were
fraudulently placed into the names of others and subsequently suspended by the
USPTO based upon ongoing investigations into the frauds committed by the
attorneys who were USPTO Patent Bar members.
These rogue attorneys at law have converted the royalty streams to themselves and their law firms through multiple Antitrust Violations, including Patent Pooling Schemes that Bundle & Tie
the technologies into "standards" such as MPEG, blocking Appellant from market
Due to this most dangerous situation Appellant was cast into, Simon and Eliot
Bernstein entered into agreements to provide for Eliot's family's welfare and
safety while there are ongoing Federal investigations to regain the IP. Simon and
Shirley therefore set up a monthly income stream to cover all of Eliot's family
living expenses which had been in effect for many years prior to their deaths, they
set up multiple trusts and companies for he and his children to protect the assets
put in their names and their estate plans have provisions to have maintained this for
many years after their deaths. [ NOTE: A source known as "DC No. 1" and by
multiple other names is available upon proper Notice as a Witness in regard to the
Patent Frauds, IP frauds and other Federal and State Corruption issues relevant herein.
This source is also known, upon information and belief and in part direct
knowledge, to have special Security Access to Federal Courthouses, Chambers
of US Judges, US Attorneys, 26 Federal Plaza of the FBI, NY, NY, Signal
Intelligence information, the "bizarrely stalled FBI Investigation" into the
Iviewit Patent thefts, and is alleged to have worked with multiple Federal Agencies
including the Treasury Department ( IRS ), US Postal Inspector's Office, DOJ, and
to have worked Federal Cases in the Chicago area, Boston area, NYC area and to
have been able to use the Address of 1600 Pennsylvania A venue, Washington, DC
in Federal Court papers with no known sanctions. ]
Specific Estate Planning by Simon Bernstein for the Benefit of Eliot Bernstein
and Family:
Pleadings already exist in the Record showing that Appellant's Family Mini-van
was "Car Bombed" Iraqi style while pursuing rights to the Stolen Intellectual
Properties while Shirley and Simon Bernstein were alive ( see, w\vw.ivie,,vit.tv )
and further that Plaintiff Ted Bernstein, Appellant's brother, who was living with
his children in his parents' home and virtually broke prior to this Car bombing and
closely involved with the last "arrangements" on the Mini Van ultimately Car
bombed in Boynton Beach, Florida and who later became and remains close
friends and business associates with the very same International law firms and
others implicated in the Patent frauds against his brother Appellant and then he
suddenly acquired a $5 Million plus Intra-Coastal home in Palm Beach County
after the bombing. Two of the law firms involved in the IP thefts are Proskauer
Rose and Foley-Lardner who are now also directly implicated in the estate and
trust proceedings in the Florida Courts and this District Court, as a Proskauer Will
for Simon Bernstein and Trust from the year 2000 is involved and may be a
beneficiary of the lost policy, as well as a Foley Lardner LLP trust that is missing
yet is alleged to be the Plaintiff in this matter before this Court.
No direct Discovery against these law firms was permitted or scheduled thus far in District
Court proceedings or in any of the related Florida State Court proceedings.
Simon's friend and Iviewit accountant, Gerald Lewin, CPA, is also implicated in
the IP thefts and was the party to who brought his "friends" from Proskauer Rose
in, Estate planner Albert Gortz and others, ground:floor to be a part of this
revolutionary technology discovered by Appellant and all are small shareholders in
the companies. As a result of dangers to Appellant's family from the Attempted
Murder of his family, resulting Investigations and forced closing of the companies,
Appellant and Simon Bernstein entered into specific agreements and Planning
designed to protect their families in the event Appellant or any of his family were
murdered.
These business agreements between Appellant and Simon Bernstein included
specific Estate Planning for Appellant's family and minor children and Simon and
Shirley further wanted Appellant's family to live close to them in Boca Raton so a
company was set up to Purchase Appellant's family home in Appellant's children's
names and held in separate trusts created for the minor children at the time by
Simon and Shirley in Boca Raton where Appellant and his wife and children
enjoyed a close, loving and special relationship with Simon and Shirley until their
passing.
Thus, Appellant has a direct basis to be aware of the Record Keeping
practices his father Simon Bernstein during his lifetime, but also reason to know
and believe that Appellant is among the Beneficiaries of the various Estate
Planning instruments by Simon and Shirley and someone whose family has claim
to the Life Insurance proceeds.
Plaintiffs Ted Bernstein and Pamela Bernstein Simon with Direct Involvement
in the Simon Bernstein Companies and Significant Insurance Contacts:
Plaintiffs Ted Bernstein and Pamela Bernstein Simon both worked significantly
with Simon Bernstein for years and have decades of contacts in the Insurance
industry."
Source and Full Document
https://drive.google.com/file/d/0Bzn2NurXrSkiSm9KbnR4alhQYVE/view?usp=sharing
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