Corrupt Chief Probate Justice Patrick William Henry
Conservator Ann Yela Exposed
Clackamas County, OR – It appears that Ann Yela of Yela Fiduciary Services (formerly Farley Piazza) is up to her same old allegedly unethical practices. Since our last article in May 2017 more families have come forward with complaints about Yela.
Ann Yela is a “professional” guardian/conservator appointed by the court to take care of those who can’t take care of themselves. This gives her total control over the person and their finances, making them a “protected person also called a ward.”
Yela’s wards are typically wealthy elderly individuals.
Professional Guardians and Conservators are supposed to be “held to a higher standard,” as they are appointed by the court. Although, as recently as August of 2019, Attorney Steven Cade on behalf of Ruth Huglin filed multiple motions against attorneys Kenneth L. Baker, Nathan A. Rudolph and Ann Yela as conservators. It is alleged that together they perpetrated a fraud upon the court, Ruth Huglin and her daughter Ronda Butler. Cade filed a Motion to Vacate Judgment Appointing Conservator Ann Yela as conservator for Huglin.
Cade sites in the Motion “the judgment was procured through fraud and was entered without jurisdiction and therefore should be set aside.” Cade states that Baker committed fraud against Huglin’s daughter by “serving fraudulent notices on the persons entitled to notice.” Really troubling is the fact that Huglin did not need or want a conservator, let alone one with Yela’s reputation. Huglin attempted to stop Yela by filing an objection with the court. However, Baker and another attorney reportedly filed to withdraw Huglins’ objection without her knowledge or consent.
Cade states, “In fact, neither lawyer had authority to file such a document on Ms. Huglins behalf.” To make matters worse, according to information, within a matter of weeks Yela and Rudolph had billed thousands of dollars for which Huglin received no benefit. Cade states, “the putative conservator has already begun squandering Ms. Huglin’s assests and income.” Cade filed another motion for fraud with regard to Yela and Rudolph’s fees. In Cade’s motion “To Vacate Judgment Awarding Fiduciary & Attorney’s Fees And Costs” he states, “the fraud here is simple. The conservator is required by law to notify the protected person of the fee petition. Yela, certified to the court that she did so by mailing.” However, before the mailing, Yela had all Huglin’s mail forwarded to herself. Cade states, “the conservator’s mailing was actually a mailing that was directed to herself, the conservator.” As a result, the protected person was not given notice even though Yela’s proof to the court made it look otherwise, “and the conservator knew it” Cade stated. In her declaration Huglin added, “I no longer receive any mail at my residence except mail Yela has opened and then decided to forward. To this date I have not received a mailed notice of the petition filed by Yela or her attorney for fiduciary or attorney’s fees.”
In Washington County Circuit Court Cade is representing the family of another ward that Yela is both guardian/conservator of. One family member found evidence that Yela had allegedly instructed the caregiver she hired to begin drugging their father with the powerful sedative Serequel days prior to a scheduled doctors visit, then abruptly stopping the medication shortly thereafter.
On March 22, 2019 Cade’s office filed a declaration and evidence of the chemical restraint of their elderly father by Yela. In the accompanying motion Cade states, “Even though his dose of the powerful sedative Seroquel had been doubled a few days before the visit, he was physically capable of attending.” In addition to chemical restraint the family alleges Yela withheld medical care and committed emotional abuse and Medicare fraud by lying about her ward’s diagnosis to Medicare. The family further alleges, “What Yela did was pass Pat Terrill off as an RN at the intake meeting with the hospice RN and then providing false information … like that he was incontinent, had congestive heart failure, required being lifted … all totally false.”
Once we “got a copy of the hospice intake form she could see what Yela had done to falsify information, which was fraud”. The family states they filed complaints with the Department of Justice, Oregon Medical Board, Law Enforcement, Medicare and Adult Protective Services (APS). The family has reason to believe that as a result of their complaints and evidence against Yela that in July of 2019 Yela made a plea deal with APS related to the Medicare fraud and chemical restraint. Yela has since resigned as guardian and conservator of their father.
Yela has caught the attention of our state representatives such as Rep. Nancy Nathanson, who recently sponsored HB 2601A – just confirmed by Rep. Nancy Nathanson’s office and reads in part as follows:
“If guardians exceed the power allowed in SB2601-A, the families can go to court (without an attorney) to address guardians excessive control/power. This should be a huge help to many families. It is also retroactive meaning guardians will have much less power over their clients and families. HB 2601-A goes into effect on January 1, 2020.”
Of the eight exhibits presented to the Senate Committee On Judiciary on May 6, 2019, five were complaints related specifically to Ann Yela. Nathanson has stated that dealing with Yela is “an ongoing nightmare” after speaking to family members of Yela’s Wards. One exhibit was an article written and published by the US~Observer, titled: Feeding Off Faulk Trust Assets – Criminal Charges Filed Against Wrong Individuals.
It’s no surprise that the Guardian/Conservator Association (GCA) of Oregon did not support the bill as it could make it difficult for guardians/conservators like Yela to perpetrate their alleged crimes. Interestingly, according to one witness, “Yela once sat on the board of the GCA” – that should tell you something. Many of these abuses have been reported to the GCA, who reportedly have done nothing.
Yela’s activities were first brought to the attention of the US~Observer when investigating for the article on Jack Dunn and Rose Henley. We learned that they were targeted by Yela and others for speaking out on behalf of their longtime friend and neighbor Wayne Faulk, who Yela had become guardian/conservator over. This, after they discovered Linda Faulk, Wayne’s former sister-in-law, had allegedly “committed fraud and bilked over a half million dollars from Wayne Faulk’s trust.” The reported “theft” was allegedly later covered up by Yela, her attorney Nathan A. Rudolph, APS’s Jr Oleyar and Detective David Lundervold of the Clackamas County Sheriff’s Office (CCSO).
Police report #16-25621 was filed in September 2016 with the CCSO about Linda Faulks’ alleged theft, along with an abundance of evidence, yet the report was closed as “unfounded” and no arrest was made of Linda Faulk. A letter from Wayne’s former attorney alleges otherwise. On October 15, 2016, Eric Kearney wrote to his then client Wayne Faulk, “I have provided the conservator (Ann Yela) with information and notes from the file regarding evidence of Linda’s mismanagement of the trust and your personal money.” This is in addition to the evidence already provided to CCSO. The information about Linda Faulk was also provided to the Clackamas County District Attorney’s Office.
This leaves us all wondering, when will the true criminals be prosecuted? Meanwhile Henley and Dunn still await trial on false charges. Their trial has been reset again to January of 2020.
Clackamas County District Attorney John Foote and his assistants who are handling this false prosecution should be ashamed of themselves! They should drop the false charges immediately or they will live with the public record that they falsely prosecute innocent people – not a good legacy at all when their names and positions are attached…
Editors note: It was recently disclosed that Patricia Piazza, Ann Yela’s partner as late as 2017, has serious complaints about herself as well – we are currently investigating these complaints among others.
We have been documenting every aspect of this case in great detail and will be publishing an expose on each player’s accomplishments, failures, etc. All prosecutors and defense attorneys involved will get to read exactly what they have done regarding their pursuit of justice, representation of their client, or lack thereof, in the near future. The entire public will get a real thorough look into the heart of this false criminal prosecution being pursued by the Clackamas County District Attorney’s Office. They will get a real good look at what attorneys actually do and don’t do when they are involved with a false prosecution!
Full Article & Source:
Conservator Ann Yela Exposed
Feeding Off Faulk Trust Assets – Criminal Charges Filed Against Wrong Individuals
Clackamas County, OR – On November 20, 2017 Jack Dunn and his wife Rose Henley were arrested by Clackamas County, Sheriff’s Deputies and charged with several counts of Theft and Criminal Mistreatment.
The US~Observer’s investigation into this case revealed that the Clackamas County Sheriff’s Office (CCSO) charges were brought even though no adequate investigation was made prior to arrest.
According to sources, CCSO’s actions were prompted by special interest individuals. These individuals focused on profiting from the very estate that Dunn and Henley have been accused of stealing from.
In early 2014, 69-year-old Wayne Faulk routinely walked from his 40-acre farm, located on South Potter Road just outside of Oregon City, to the Redland Store. According to neighbors and friends of Faulk, Wayne was a neighborhood favorite who was able to live on his Farm and enjoy his life because of a family trust that was set up to support him by his parents.
One witness states, “Wayne was pretty much satisfied with his life, however he believed his siblings had animosity towards him, because he stood in the way of them cashing in on their parent’s estate.” This witness added, “Wayne was specifically afraid of his now deceased brother Lynn’s wife, Linda Faulk, who was trying to get Wayne put in a retirement home and off the Farm, so it could be sold.”
Jack Dunn with Wayne Faulk
Another witness informed us, “Linda was intent on forcing a Guardianship on Wayne, with an end-goal of selling the Farm in order to cover-up her and her husband’s massive theft of trust funds while they acted as trustees – there is more than a half-million-dollars unaccounted for.”
Wayne needed help, so he turned to his closest neighbors and friends Jack Dunn and Rose Henley. Reportedly, the Dunn family had been hired by Lynn Faulk to help care for and support Wayne after his parent’s passing in 2000.
After convincing Dunn and Henley that Linda Faulk was “abusing him, stealing from his trust and not providing him with sufficient funds to enjoy his life,” Dunn and Henley contacted Adult Protective Services (APS) in Oregon City. They reported Wayne’s concerns to APS and “investigator” J.R. Oleyar was appointed to investigate.
According to US~Observer sources, “APS did absolutely nothing regarding the criminal complaint against Linda, but they made matters much worse for Wayne. Linda Faulk, who was fully apprised of Wayne’s accusations by Oleyar, allegedly began harassing Wayne and his friends. She enlisted his siblings Van Faulk, Lee Faulk and Janis Faulk Abney to pressure Wayne against making trouble for her. In retaliation, Linda Faulk sold Wayne’s 16 pet cows out of spite.”
APS and law enforcement eventually began attacking Dunn, Henley and other neighbors, after Henley filed papers with the court accusing Linda of stealing from Wayne and his estate. Those being attacked had already discovered that Oleyar had met with Linda Faulk and her attorney and that Oleyar had conveniently left his “confidential” case file with them, therefore “alerting them to the names of those who were complaining about Linda Faulk.”
Dunn, Henley and Sandy Ortega, another friend of Wayne’s, subsequently hired Attorney Benjamin Ybarra of Oregon City to represent Wayne against the sudden onslaught by his “family.”
After investigating Wayne’s complaints, Ybarra voiced these concerns in a letter written to Linda Faulk’s attorney, Sylvia Sycamore of Eugene, Oregon on June 11, 2015. Ybarra wrote, “Ms. Faulk has failed to provide Mr. Faulk with trustee report at any time throughout the administration of the trust… Since becoming aware of Mr. Faulk’s legal representation, several family members have visited the Farm for the sole purpose of harassing Mr. Faulk and provoking hostile responses from him. Video and photo cameras were brought along to record Mr. Faulk’s reaction to these provocations and document Mr. Faulk’s living conditions for later use against him. Mr. Faulk has been intimidated and warned that if he does not ‘drop’ his legal claims against Ms. Faulk, he will be put in a rest home.”
Ybarra continues, “Ms. Faulk was at some point designated as Mr. Faulk’s social security payee. Mr. Faulk has no recollection of ever permitting this designation. The result has left Mr. Faulk impoverished. During our phone call, you indicated that your office was not aware of any specific disability Mr. Faulk suffers from or any guardianship instituted for his benefit. If this is the case, there is simply no legal basis for Ms. Faulk to be given control over Mr. Faulk’s income, and especially against his will… Mr. Faulk should be enjoying the use of his monthly benefits… Instead, Mr. Faulk is given between $15.00 to $25.00 each week to spend on all his necessaries. This is unacceptable. Mr. Faulk demands that Ms. Faulk be removed as his social security payee and allow Mr. Faulk to control his own finances…”
Ybarra goes on to inform Sycamore that Wayne Faulk believes that Linda Faulk has possession of all his legal documents such as his social security card, birth certificate, etc. and that he wants them returned.
At this point Wayne started insisting that Linda Faulk should be “prosecuted for stealing his income.” One witness states, “After reviewing Linda’s accounting, prepared by Sylvia Sycamore and Sybille Baer of Cartwright, Baer, Johansson, it was revealed that Wayne’s benefits (SSA and SAIF) were attained illegally by Linda. His money was being stolen and the trust was nearly broke because Lynn and Linda had used it as their piggy bank.”
A police report was filed regarding Linda’ s alleged theft (CCSO – Report #16-25621), wherein it was also disclosed that Linda had written numerous checks to cash, ranging from $800 to $2000 each. The 17 checks were provided to the CCSO on September 20, 2016. It is reported that Wayne’s trust paid for Linda’s truck, several ATV’s, insurance, maintenance and thousands of dollars for fuel.
According to sources, “Wayne’s friends Jack and Rose assisted him with managing his bills, etc. They obtained ‘power of attorney’ and helped Wayne reclaim his monthly benefits from Linda. Wayne began living much better than he had for years, even going on his first vacation ever.”
Suddenly, Wayne found himself facing the appointment of a court appointed “Guardian”. Our sources inform us that Linda Faulk initiated this bogus action with the assistance of attorney’s and public employees, who, “she manipulated into believing her, in a desperate attempt to avoid prosecution.”
Accusations began whirling towards Jack Dunn and Rose Henley. The two soon found that they were under attack from APS, via their investigator J.R. Oleyar and the CCSO. The fact that neither Oleyar nor the CCSO investigated the original complaint regarding Linda Faulk, but instead, went straight for Dunn and Henley’s jugular veins speaks volumes about this obvious corruption. It also shows that the individuals behind the scenes are without question pulling their puppet’s strings!
On February 2, 2017, numerous armed officers with the CCSO suddenly appeared at the Dunn/Henley residence where they conducted a reported four-hour search, seizing boxes of records and other items, some of which were not related to the search warrant. Now, Dunn and Henley are attempting to defend themselves with incomplete records. According to Rose Henley, “Thankfully I made duplicates of many receipts, but not everything.”
Wayne was placed in the highly questionable care of Ann Yela of Yela Fiduciary Services (formerly Farley Piazza), when she was appointed Limited Guardian/Conservator.
The happy family Farm that Wayne called home was reportedly logged ($118,000) and allegedly, literally tens of thousands of dollars in trust assets began flowing to Ann Yela (claiming $1,700.00 of his $1,900.00 per month for her fees), her attorney Nathan Rudolph, Linda’s attorneys, Sylvia Sycamore and Sybille Baer and Wayne’s court appointed attorney Eric Kearney.
Yela “secretly” placed Wayne in the Deerfield Nursing Home for seven months prior to logging his property, to allegedly keep him from his advocates. Wayne stated that being forced to live at the Nursing Home was just like being sent to prison. And, the so-called justice system in Clackamas County, Oregon calls this Elder Protection!
Wayne was eventually allowed to return home, however, Ann Yela reportedly prevented him from taking his daily trips to the Redland Market to visit the local community. According to sources, this literally devastated Wayne.
“Neighbor Annette Steiner was arrested on January 29, 2018, at Yela’s request, for taking Wayne food shopping.” Other neighbors have reported that they are afraid to go to Wayne’s home in fear of arrest.
We are informed that Steiner cannot get a copy of the police report to challenge the actions taken against her because formal charges haven’t been filed. Other friends and neighbors were also threatened with arrest if they set foot on Wayne’s Farm. Wayne’s favorite caregiver Chareese Borland was reportedly fired for sticking up for Wayne.
Why are the powers that be taking this strong-arm approach? Wayne did not ask for any of this to happen, he simply wanted Linda Faulk prosecuted for “stealing from him and the Faulk trust.”
His two best friends Jack Dunn and Rose Henley are now nearly broke and face criminal prosecution for getting involved and assisting their neighbor and exposing the alleged theft by Linda Faulk.
How in the world has Wayne Faulk benefited from having a guardian “forced on him by his sister-in-law?” The answer is; He hasn’t!
Since his Court Appointed Guardian Ann Yela took over, Wayne has lost his freedom, as he can no longer walk to the store to visit the community. According to one witness, “Wayne no longer gets his mail, and his privacy is gone, as his every move is now caught on camera’s that were installed by Yela.”
According to witnesses, “Wayne’s health has declined significantly under her care and Yela is now requesting nearly 90% of his monthly benefits to act as his Guardian. Trust assets are rapidly vanishing, and Wayne Faulk currently faces the potential loss of his family Farm – the only home he has ever known.”
Yela recently petitioned the court for an order allowing her to sell the family Farm, the last remaining asset of the trust.
To top it all off – the only thing the local paper can report about this utter tragedy, is what the CCSO provides them regarding the justice systems wild accusations against Rose Henley and Jack Dunn.
Friends of Wayne recently hired Attorney Steven Cade to expose this travesty – it is reported that Cade knows what is really going on and he intends to save Wayne Faulk and his Farm.
Editor’s Note: We have just been notified that Ann Yela has been replaced. It appears that Attorney Steven Cade is having a positive effect on this case. The US~Observer will be reporting more on this case as it proceeds.
Yela Fiduciary Services
PO Box 16518
Portland, OR 97292