security and liberty alike demand that government officials shall be subjected to
the same rules of conduct that are commands to the citizen. In a government of
laws, existence of the government will be imperiled if it fails to observe the
law scrupulously. Our government is the potent, the omnipresent teacher. For
good or for ill, it teaches the whole people by its example. Crime is
contagious. If the Government becomes a lawbreaker, it breeds contempt for law;
it invites every man to become a law unto himself; it invites anarchy. To
declare that in the administration of the criminal law the end justifies the
means — to declare that the Government may commit crimes in order to secure the
conviction of a private criminal — would bring terrible retribution. Against
that pernicious doctrine this Court should resolutely set its face. Justice
Luis Brandeis dissenting in Olmstead v. United States, 277 U.S. 438, 485 (1928)
Abduction, robbery and murder under the glorifying banner of
"Guardianship Protection" is a color of law organized crime pandemic
that must be dealt with as the organized crime enterprise that it is. This is
only one method used by 3rd parties to intercept (steal) family
generational assets and prevent their just and proper transfers to heirs and
Guardianship usually has a Medicare revenue stream in addition
to the theft of property used to reward the predators for their “service”.
Probate is renowned but another not so well-known avenue is trust busting.
Other web sites on this topic that I know of:
of these crimes against people and property are perpetrated by attorneys in
league with other “licensed professionals”, members of the probate judiciary,
hospitals, doctors, psychologists, care homes and hospice businesses. All of
the participating predators clothe the nakedness of their organized crime
industry behind doctrines of immunity.
The type of law which
justifies an aristocracy or royalty is known as a law of status which protects
the privileged from the underclass, poor or illiterate. Under such law common
people have no way to hold the privileged to account for the harms they commit.
Stoic Roman jurists were the
first to formulate legal propositions which became the modern law of contracts,
by recognizing that informed consent to negotiated agreements is foundational
to a sustainable civilization. Informed consent is the product of examination
of one’s conscience in the awareness that the act has consequences, good or
Government by consent of the
governed is one pillar of our law. And the doctrine that no one is above the
law is the other. Compromise either and the Arch of modern civilization
smuggle a privileged status class into our law is to welcome aristocracy and
impugn our law in a fatal contradiction. A glaring example is ‘judicial
immunity’, an exception now metastasized to other public institutions that begs
the question of accountability and undermines the Equal Protection guaranty.
And because institutional interests and their legal machinery have a protective
support system, the balance of power can only be addressed if we the people
create an effective countervailing response with a force that voting does not
Inasmuch as these issues are so often seen where
power and money are involved, let’s follow the money.
wealthy have always run the operations of the country, and that’s acceptable
until they systematically fail to protect the rights and lawful interests of
the People, while also denying them remedy for their grievances. Protecting
your own interests, of course, begins with you and the prospect of success is
unlikely without information sufficient to the task.
web site is published in the public interest as a contribution toward remedy
that can better assure that the People’s pursuit of happiness remains as the primary rule of governance, not the wealth and
power of the privileged among us. Remedy for grievances, however, need not
require destruction of wealth.
sustainable society is possible only if power is balanced by law protecting
liberty. A fully informed and actively engaged public is essential for such
what you may have been told, 99% of the causes for failed family generational
asset transfers can be summed up in a single word: “Attorney”.
The author of a book on the reasons for failed
family generational asset transfers attributed only 3% of the failed wealth transitions to poor technical
“There are plenty of moving parts in tax and estate law, and ambiguities abound as to their interpretation and implementation. And so the legal, insurance, accounting and investing professions spend a great deal of time and money on accreditation and continuing education in order to keep up with those changes and stay current on best practices. Although change is certain to remain a constant when it comes to the right trust structures and transition plans, the “how” of wealth transfer is a relatively settled science and one that advisors rarely get wrong.”
percent of the failures were attributed to the family itself: due to a lack of
a family mission (12%), the inadequate preparation of heirs (25%) or a
breakdown of family communication and trust (60%). According to the report: It
is easy to attribute the failure of wealth transfers to today’s ever-changing
legal landscape and the complexities that it poses to families with substantial
wealth, whether in the form of financial assets, real estate or a family
business. Unfortunately, the “Report” appears heavily tainted by a
predisposition to financial planner self-promotion, placing too much emphasis
on poor family communication as causal when a lack of communication is
generally symptomatic or worse, systemic.
given that the Reports’ definition of “failure” is “involuntary loss of control
of assets” and that the “how” of wealth transfer is a relatively settled
science, it would follow that the legal and financial complexities of wealth
transfers are not key elements in the “failure” and that other factors
influence whether or not a family can preserve its wealth across multiple
generations. What those other factors are and to whom 70% of generational
assets go when control is “involuntarily lost” by the family is not addressed
in the report but would seem to hold the answers to causation questions. One
point the Report placed emphasis on as causal was conflict within the family.
If, 97% of the failures were attributable to the family itself, and if, as the report claims, wealth transfer is a relatively settled science, then the question of how animosity within the family plays into the 70% asset loss to non-family interests is properly raised. When I spoke with Roy Williams, the author of the “report”, he didn’t have any data on how 70% of asset transfers were “involuntarily lost” nor to whom the generational asset transfers were “involuntarily lost”.
The answer to these questions involves limited
liability creatures known as “attorneys”. The scenario I am about to layout for
you begins with a front end bait and switch to
generate the controversy that is followed on the back end by exploitation of
the controversy manufactured on the front end.
If, 97% of the failures were
attributable to the family itself, and if, as the report claims, wealth
transfer is a relatively settled science, then the question of how animosity
within the family plays into the 70% asset loss to non-family interests is
properly raised. When I spoke with Roy Williams he
didn’t have any data on how 70% of asset transfers were “involuntarily lost”
nor to whom the generational asset transfers were “involuntarily lost”.
The first logistical problem
for any 3rd party intending to intercept generational asset transfers
would involve locating family wealth subject to transfer and a means for
identification of which asset transfers may be vulnerable to interception.
These salient points however, do not answer the question of how one would
position oneself to reap the lion’s share of any particular generational asset
What is “involuntary loss
of control of assets” if it does not mean theft? The answer is simple: “involuntary
loss of control of assets” doesn’t mean anything if it doesn’t mean theft.
The featured case study presented in this site will lead to the same
Our Courts allegedly exist to enforce obligations,
protect rights and punish wrongs but the public record shows a completely
different reality in far too many cases when wealth transfers are at issue.
Then there are the BAR Associations who claim they exist and license their
members to assure quality legal representation to the public. While this is
great self-promoting sound bite, the reality is that by claiming a monopoly on
agency and endowing their members with immunity they have created a
white-collar criminal cabal with everything to gain and nothing to lose.
As for the breakdown in family communication, insert
an attorney and you have a break in the lines of communication between the
stake holders as a matter of course. Now these limited liability strangers
insert their own interests and what can be expected as a result is 3rd
party manipulation and the deterioration of family trust. Where does 70% of the
failed assets go? The 70% is divided by the attorneys as a reward for their
staged litigation larceny.
all too often persuaded to look at earlier times in history characterized as
primitive, less sophisticated and unenlightened. Almost all previous cultures
are portrayed as superstitious and illiterate peoples dominated by an elite
minority, supported and protected by powers of wealth and force. When
plague, pestilence, or famine struck, it had to be the gods wreaking havoc and
vengeance on earthly miscreants for failure to abide by spiritual mandates.
in the United States of America, we now have over 100,000 municipal
corporations, fictions of law, entities that exists nowhere in the real world
but only in the minds of believers, on pieces of paper or in the ones and zeros
of computer programs. These imaginary creatures thrive and sustain themselves
only because their self-interested minions conduct and enforce a systematic
extraction of financial resources from the productive labors of their citizens,
while mere mortals are convinced that these fictions are essential for their
own safety and security, which justifies the tribute monies each must forfeit
for their own protection. These funds are parsed to funnel substantial amounts
into investment portfolios that are held aloof from any part of a so-called
budget. This is a central requirement for what is affectionately known as
“continuity of government”. But consider Augustine’s cogent observation in the
“a gang is a group of men
under the command of a leader, bound by a compact of association, in which the
plunder is divided according to an agreed convention. If this villainy wins so
many recruits from the ranks of the demoralized that it acquires territory,
establishes a base, captures cities and subdues peoples, it then openly
arrogates to itself the title of kingdom, which is conferred on it in the eyes
of the world, not by the renunciation of aggression, but by the attainment of
our day groups of men under the command of leaders form corporate
organizations, accumulate vast sums of financial resources, invest enough to
gain influential or controlling interests in public arenas to become dominant
players in the body politic, thus aligning themselves has co-equals with the
interests of government to the extent that state and corporate goals become
inseparable and indistinguishable.
the dawn of the 21st century some 23 empires had come and gone,
every one of which expired under military overreach, fiscal recklessness, and
internal corruption. Yet even now we are told to believe in the legitimacy and
integrity of dominant corporate fictions, when they promise peace and
prosperity, if only they would be left untethered to pursue their grand
future may very well look back at our time with contempt and derision for the
people who held dear, superstitions that fomented and encouraged the creation
of an otherworldly abstraction, destined to become a monstrosity that compelled
whole societies to engage in a mass cannibalism of self-destruction with each
preying upon the other.
that were needed to devolve to such extinction was central control of monies
and the ubiquitous corruption of law and justice, by the metastasizing
infection of predatory attorneys and judges, a color of law aristocracy wearing
the appearance of conducting the public’s business.
year, tens of millions of dollars are stolen in staged
litigation schemes devised with the sole purpose of generating fraudulent
bills for alleged attorney’s fees. In the process of such schemes unsuspecting
and law-obeying citizens are being pulled into a vortex of unnecessary court
room drama disguised as legitimate litigation proceedings. The result is
financial and emotional devastation for the victims and undeserved riches for
violence and corruption widely accepted as an essential part of the American
lifestyle and culture, this new, refined, version of common robbery goes
largely unpunished, as did lynching for decades. The instances of formal
prosecution of predatory attorneys who use staged litigation schemes to make
their living are few, as the color of law larcenists hide their thieving behind
such doctrines as attorney, judicial and derivative immunities, thus declaring
themselves elitists in an above the law aristocracy. Honest attorneys who argue
the law and the facts and insist on the proper decorum are sanctioned and their
license suspended for being “overzealous”, which is a polite way to describe
cock blocking the filthy lucre soup train.
this introduction is a chronology of just one such case history, documented in
the public record. Before going forward any further I would like to cite to
Supreme Court Justice John Brandeis Dissenting Opinion in Olmstead v. United
States, 277 U.S. 438 (1928)
security, and liberty alike demand that government officials shall be subjected
to the same rules of conduct that are commands to the citizen. In a government
of laws, existence of the government will be imperiled if it fails to observe
the law scrupulously. Our government is the potent, the omnipresent teacher.
For good or for ill, it teaches the whole people by its example. Crime is
contagious. If the government becomes a lawbreaker, it breeds contempt for law;
it invites every man to become a law unto himself; it invites anarchy.”)
v. United States, 277 U.S. 438 (1928), was reversed by the United States
Supreme Court in Katz v. United States, 389 U.S. 347 (1967) which has received
nothing but negative treatment. In other words, we are told that government is
our servant but that our servants are immune from accountability and that
government officials shall not be subjected to the same rules of honorable
conduct that are commands to their masters, the common citizenry. This is the
very definition of plutocracy,
where the ignorant masses kiss the hand that slaps them, lick the boot that
kicks them, call it the land of the free and the home of the brave and send
their children to die in order to impose that same “freedom” on other peoples
of the world.
STATES DISTRICT COURT
DISTRICT OF CALIFORNIA
Alleged Robbery Victim Walter Martin files Racketeer Influenced Corrupt
Organization suit against Los Angeles County Judges and Attorneys: RICO
Complaint In this complaint I am seeing allegations involving the same
pattern of lawless criminal conduct perpetrated upon our citizens (using the
courts systems as a private, for profit, enterprise) as we are seeing
everywhere else in this country. All of the participants in this color
of law organized criminal enterprise clothe the nakedness of their crimes
under the color of law, glorifying but antecedent labels, a monopoly on agency
in our courts and self-serving doctrines
of impunity. Probate Mafioso Predators are not conducting The Peoples
Business but running a private piracy industry on land under Admiralty Maritime
Letters of Marque. How else does one explain probate and guardianship
proceedings as actions in rem? The first thing they steal is your humanity.
After that you are just property. Your family trust will simply be ignored and
what can your heirs do when confronted with all the props and actors in this
mock judicial concert?
those who are named and pictured in this dissertation are presumed
innocent until proven guilty in a court of law (where they are immune from any
accountability to their victims). The views and opinions expressed here, are
those of the individual witness identified herein  and do not necessarily reflect the views
of other members of the public. The exhibits are the actual pleadings and
Probatemafia.com is a web site inspired by the creatures and events described
herein. You can look at the public record as I point to it and you can form
your own opinion.
Scalise and wife with Salvatore Lucania
first question that naturally arises is definition. What is the probate
mafia? In his treatise, "Fighting
the Probate Mafia  : A Dissection of the Probate Exception
to Federal Court Jurisdiction", 74 S. Cal. L. Rev. 1479 (2001)",
cited in Marshall v. Marshall, 547 U.S. 293, 308 (2006) ,
Professor Peter Nicolas does not specifically define the term "probate
mafia". In fact, the expression only appears in the title itself.
through state and federal court appellate records the term “probate mafia” only
appears in about twelve cases. Ten of those cases cite to Professor Nicolas
treatise. The 11th case, Curtis
v. Kunz-Freed, No. 17-20360 (5th Cir. June 6, 2018), 
uses the term in a substantive context in an
action brought under the federal Racketeer Influenced Corrupt Organization
12th case, Stone
v Trump 
No. 3:20-cv-537 (VAB) UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT,
also uses the term “probate mafia” in a substantive context referring to the abduction,
robbery and murder of our elders 
under the glorifying banner of “Guardianship Protection”.
“Lord, save me from
is an action in rem. In other words, people are converted into freight on the
high seas of commerce (Admiralty on land) and every one of the participating
mobsters claim a right to your stuff in reward for the disservices rendered.
attorneys are not experts in government, but in debauching and corrupting and
crippling the Government in the interest of those who pay them their fees. So then they sit, in the legislatures, in the executive
offices and on the bench, running the Government in the interest of those who are plundering the people.
interests support and finance their attorney handy-men because these
attorneys are able to do what the business world wants done. The attorneys
have been developed into a class of professional manipulators and wreckers of
Government machinery because they are trained from the outset to regard the
interests of their clients as of greater moment
than the public interest.
man, to become a good attorney, must have spent his life studying
"precedent." What is precedent but the preservation of the status
quo, and what is the status quo but the wisdom of yesterday?
good attorney is therefore the attorney
who is able to preserve the shadow of yesterday and use it to darken the
sunlight of today.
good attorney, to educate himself, pores over the
Common Law of England. When his head is filled with seventeen hundred
decisions handed down by judges who lived
in the seventeenth century, before the American Colonies found the British
rule intolerable, he fills up the chinks of his mind with Blackstone and with
Kent's Commentaries. He then studies what
the judges (attorneys) of the United States
said during the past hundred years, and
after that he is considered as prepared to defend the interests of the
exploiters of America.
precedent-fed human being is valuable to the great interests for three
reasons: First, because his study of
precedent has rendered him incapable of thinking
into the future and has thus made him a
natural protector of things as they are; Second,
because the tradition of property rights inherited from the past can best be
preserved through such a class of "dead-hand" experts; Third,
because the attorney, under the ethics of his profession, is the only man who
can take a bribe and call it a fee.
real work of the world is done by those who envisage the future and prepare
for it. Such ability is the first essential in a statesman, or in any other
person who assumes to play a role in the direction of human affairs. The
attorney finds it virtually impossible to look ahead for he has been trained
to move forward with his eyes over his shoulder and, having endowed impunity
upon themselves, no longer regard legal or moral obligations as anything but
 Rik Wayne Munson 218 Landana American Canyon California 94503
 The Marshall family is still trapped in Harris County Probate and they will remain trapped there until J. Howard Marshalls’ fortune has been completely consumed by third party predators.