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A Constructive Trust Turned into Constructive Fraud.  Kansas Family Probate Case 
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Lawyer Ted Knopp

Ted Knopp. The milking machine. Mr. Knopp was the second lawyer in the case. I hired and paid Ted Knopp a large retainer to file my case and file a Motion for an autopsy on my father’s body. He fled my case in the State Court, Wilson County District Court. He should have filed it in Federal Court.*  When I later pressed him on my request, Mr. Knopp told me. “We should not  file a Motion for an Autopsy as it would  inflame your siblings.” They were defendants, and my adversaries in the case. Mr. Knopp filed the first Petition/Complaint in the case. He then failed and refused to aggressively pursue the case. He failed and refused to take forward moving pro-active action with Motions for Discovery and Depositions in the case. Lawyer/defendant Gary A. Nelson was the aggressive moving party throwing the punches in the Case. He was fighting for my share of a $2,000,000, and he got it. Ted Knopp was the bumbling weak kneed stumble bum who sat through my deposition, and my son’s deposition that was conducted by Lawyer Nelson and his wife co-defendant co- conspirator Tonia Nelson, my sister June’s daughter.  Lawyer Knopp  sat through our depositions like a knot on a log costing me $4.00 per minute while Nelson and his wife Tonia obtained information from us that they later used against us by deceitful manipulation and distortion of the facts and Lawyer Nelson later committing perjury in the case. Mr. Kopp should have filed Motions to depose lawyer Nelson, his wife Tonia and the other defendants in the case. He should have taken aggressive action. He should have been asking the questions instead of Lawyer Nelson. Lawyer Knopp only reacted to various Motions for Discovery and Depositions from my adversary, forward moving aggressor Leavenworth Lawyer Gary A. Nelson. Lawyer Nelson was a defendant in the case representing himself and his wife (both names on the deed) and all the other defendants, except Chanute Lawyer John Rubow who is represented by Ft. Scott lawyer Steve Doering. Attorney Knopp focused the majority of his time and effort on discussing his fees, and writing letters to me asking for more money, and yet more money. He wasted a lot of his clients funds attempting to consolidate the Neosho County Probate Case with the Wilson County Civil Case. My father lived in Wilson County and passed in Neosho County. The reason Lawyer Knopp gave me for taking this ill advised, costly and misguided action was as follows. He told me that Attorney Chuck Apt had told him the following. ”Get the case out of Neosho County because the Executor  Defendant in the Case lawyer John Rubow and Neosho County District Court Judge Tim Brazil are to close.” Mr. Knopp told me that we would lose in front of Judge Brazil. The Magistrate denied Lawyer Knopp’s  Motion to Consolidate and move the probate case to Wilson County. The time and money wasted on this expensive detour should have been spent on deposing the Defendants and  Discovery and other issues to move the case forward. He was more interest in running his clock than he was winning the case.

Finally my older brother Ivan Lee Fail wrote a derogatory and threatening letter to my alleged Lawyer Ted Knopp telling him that his practice would suffer if he continued to represent me. Shortly thereafter  Lawyer Knopp withdrew from my case and filed a Lien against my case for yet more legal fees. Shortly before he withdrew Mr. Knopp had told me that he thought the defendants were good people and he suggested that I settle the case for whatever the defendants would give me out of the goodness of their hearts. I approved of a settlement offer suggested by Ted Knopp to the Defendants which represented about 10 cents on the dollar. He received word back from Lawyer from Gary A. Nelson telling us the following. “The defendants decided not to dignify your offer by responding.” We discovered that the defendants have no goodness in their hearts. I would rate Lawyer Ted Knoop with a “G” as in Greed which is worse than an “F”.

*  I could have filed my case in Federal Court under the Constitutional Provision “Diversity of Parties” and avoided being home towned and gang banged in Wilson County District Court. Am I a Sore loser or just another poor sap that was played for a fool and robed?
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Diversity of Parties
The United States Constitution, in Article III, § 2, gives the Congress the power to permit federal courts to hear diversity cases through legislation authorizing such jurisdiction. The provision was included because the Framers of the Constitution were concerned that when a case is filed in one state, and it involves parties from that state and another state, the state court might be biased toward the party from that state.[1] Congress first exercised that power and granted federal trial circuit courts diversity jurisdiction in the Judiciary Act of 1789. Diversity jurisdiction is presently codified at 28 U.S.C. § 1332. Wikipedia.

Diversity Jurisdiction

Federal law also authorizes federal courts to hear cases where the opposing parties are citizens of different states. This is known as "diversity jurisdiction", because the plaintiff and the defendant have different, or diverse, state citizenships. "Diversity jurisdiction" enables a federal court to hear cases where there is not a federal question. In diversity cases, the federal court provides a fair forum where citizens of different states can have their cases heard.

The federal law governing diversity jurisdiction states that a case must have an "amount-in-controversy" of $75,000 or more before a federal court can hear a case.

 Diversity is determined at the time that the action is file
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Shown below is an Example of Attorney Ted Knopp's Know Nothing, Do Nothing Attitude.

Lawyer Knopp - did not answer a single question that I asked him.

Lawyer Knopp - did not do one single thing that I requested of him as his paying client. 

To put it mildly, lawyer Knopp was nothing more than a lazy sloth who focused on my wallet more than he did my case.  

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                                                                Larry Fail
                                                     5470 SO Greenwood St.
                                                         Littleton, CO 80120
                             303-730-2100  /  1-800-722-9529 /  Fax 303-347-2100                                                             
                                                     Larry@requestusa.com
  
November 17, 2006 
Completed, faxed, Emailed and mailed on December 1, 2006.                                                                                       
                              
Ted E. Knopp
Attorney at Law
310 West Central Ave.  Suite 203
Wichita. KS. 67202-1004

RE:  Summary of our 11/14/2006 and 11/17/2006 conversations, 
        Lost Reconsideration Hearing on Jurisdiction in Neosho County, 
        Life Insurance Policies,  
        IRS deadline,
        Motion for a Special Administrator,
        Motion for disinterment and autopsy. 
        Conversation with my brother John and Patty Hon, Possible illness in family,  
        My conversation with John’s daughter Kim Larsh 
        Representation and formatting of Interrogatories        
        Defenses for the Neosho Probate Case,
        Letter from Gary A. Nelson dated November 15, 2006,
        Documents from the bank of Commerce, ordered by Nelson, 
        Amend Complaint
        File Motion to move both cases to Federal Court.           
        Complaints and Missing Records
        Amend Fee Agreement 
        Additional Discovery 


Man to man, and with all due respect I have to tell you that after our conversation this morning I felt less than thrilled.  In fact I felt demoralized and I was left with the feeling that I was intruding on you in my attempt to get any answers.   

Reconsideration hearing. 

A few weeks ago when you asked me if I would agree to you filing a Motion for Reconsideration of Magistrate Leo T. Gensweider’s adverse ruling to change the Probate jurisdiction from Neosho County to Wilson County where we have filed our civil case.  I ask you what you would recommend.  You told me that you would like to do it and that your advise would be to do so.  I told you to proceed with a Motion for reconsideration.   I was not aware that another hearing would be required until you called me this morning and told me that you were calling from Chanute and that you had just left the hearing.  Many Motions for reconsideration are decided without oral argument.  When we talked on Tuesday the 14th you did not tell me about the hearing. 

You also told me that the Magistrate had ruled against us again.  You mentioned that you like Magistrate Gensweider.  Adam and I also liked him when we met him in May at the first hearing on the issue of jurisdiction. 
You mentioned today that the Magistrate told you that if he had of had the case law that you presented today “a while ago” that he may have changed his mind.  

If he was so impressed with your new case law he had an opportunity to rule in our favor today on your motion for reconsideration, but he did not.  Magistrate Gensweider may be a likeable guy but it is hard to like a Magistrate as a decision maker when his decisions fly in the face of reasonable facts and arguments.  Fighting the jurisdiction issue has cost me several thousands of dollars for your time and travel of over 400 miles.  

You told me that you think that he just doesn’t want to change his mind.   How does this make any sense?  You told me that they don’t have very many cases out there and they may not have any strong desire to pass off any of the cases to another county. I asked you how critical this is to the Wilson County case, or does it come down to trying two cases in two different jurisdictions?  You said yes that’s all it is. I think the outcome of the Neosho probate case may affect the outcome of the Wilson County case.  

It appears that it was a waste of your time and my money, and now we have a Magistrate and Neosho County District Judge Brazil that may not like us very well because we left them with the message that we feel that they are to cozy with Lawyer John Rubow.  Not a good way to start out.  The adverse decisions have also worked to give added strength and encouragement to the defendants.  You have also told me that it is a sign of the type of justice that we will receive in Neosho County.   If you recall, this whole idea to take the case out of Neosho County was Chuck Apt’s. He felt that Rubow and Judge Brazil may be to cozy, and that Judge Brazil was to old and set in his ways.  Oh well, we tried and now we must move on.

Our Defenses for the Probate case in Neosho County. 

You said the next step is we have to figure what our grounds are for objecting to the will and dad’s will was made a long time ago, and that he was clearly in his right mind then,  and that there is a constructive trust on the stuff that the kids get from it.  That’s right. I said I don’t know how strong that is but that’s the truth.  They say that the truth will prevail.  Not always I know. You told me the Wilson County case is also a constructive trust case. You told me that you don’t know if we have any defenses or grounds for disputing the validity of dad’s will that he made years ago, or that the will says what he wanted it to but he made separate arrangements.  This is the case and our defense.  This   why it is so critical that we depose John Rubow. 

John Rubow is the one that set it up this way and advised both of my parents to leave me out of their wills so that they could protect my share of the estate assets from my Colorado Litigation and the pending contingent tax liabilities.  Now he wants to march into court and deny that he advised my parents to do it this way for the reasons that I have just stated.  How ridiculous is this?  That is our challenge to the Will.  The truth is our only challenge to the Will.  John Rubow is the crafter of this scheme and the star witness.  If he wants to perjure himself what can I do about that except prove him a liar and attempt to get him disbarred.  I am sure that I have tape recorded conversations of my parents and I discussing this very plan that John Rubow came up with, and he done the paperwork.  That is our defense.  We must present an offence. We must act instead of react.  We have to be proactive. The best defense is a well planed, and effectively administered offence.  The truth is all we have.  
If the probate law does not allow or accept the truth for some procedural and/or rule issue then the law needs to be changed.  Laws are changed by the legislature or precedent setting appeal cases that make lawyers famous, respected and sometimes rewarded.  We have to try.  We both need the money and we may both benefit from the experience.         

You told me that what happens next is that someone will be named an executor, perhaps Rubow.  I asked you how Rubow can be named executor, because he has been representing my three siblings in the probate case, and he represented my dad and I, and it is a conflict. You told me that it routinely happens in Neosho County, and that you do not want o rock that boat.  I can understand why you say that because if we are stuck with it and we rock the boat the judge may make us pay a price. However it is my opinion  that we have to object, and ask for a Special Administrator, if nothing else but to create a record of the unfairness of the process and the conflict.   
*
I know that the Magistrate and the Judge sets the direction of a case, but we must object to the blatant conflict of John Rubow and Gary Nelson being the Executor, or we are stuck with it and we eat it. You told me that Rubow would then get authority to cash checks and sell wheat and take control of what is actually in dad’s estate.  What about the property that is no longer in dad’s estate like the $70,000 worth of cattle that  John and Patty has sold?  What about the cars and trucks, the equipment, and the $100,000 plus in CD’s that they have taken out of the safe deposit box?   What about the rental income on my Horse Ranch, the George 160 acres and the Ness County Minerals and the other oil checks that belong to Adam and I that Rubow told the Bank of Commerce to hold onto? It has been piling up there for a year now. That’s a lot of money that both you and Adam and I could use right now.  Did Rubow have the authority to do all of this?    

I told you that we have to do something to protect the assets until the Wilson County is decided. You told me that we may be able to delay the final distribution in the probate case until the Wilson County case is decided.  We not only need to do that but we must depose Rubow and present the constructive trust case in the probate case so that the  Judge can understand why my name was not in the Will.  I am not a basturd kid, and my dad and mom did not disinherit me. There is not a soul alive that knew my parents that would buy for a second that my parents would disinherit any one of us four kids.  Never even would they do that.  Every one knows this including all of the defendants.  They also know that what they are doing is immoral and criminal.  They feel confident because they have Gary Nelson telling them that they can pull it off.  Nelson needs to be disbarred and they all need to loose everything that they have and go to jail. You told me that there was not that much stuff that was not in joint tenancy with some one else, (to fight over.)  Who is telling you this?  Is it Gary Nelson?  That is what he wants you to believe.  I know that the amount is over $250,000.  My ¼ is enough to pay my lawyer. I produced my inventory.  Where is theirs?  They are the ones who took it all, and they must be made to make a full and accurate accounting. 

Life Insurance Policies. 

Several months ago you told me that Gary Nelson had told you that my three siblings had agreed to give me my 1/4th of the life Insurance policy or policies. You told me that he told you that I was named as a beneficiary on a policy. At that time I told you that they would not agree to give me my share unless I was named on the policy.  You told me then that you and Gary Nelson had agreed  that you would prepare a partial settlement agreement and have my three siblings sign it so we could get the money.  
Now I cannot get an answer from you as to weather you prepared the partial settlement agreement and submitted it to Gary Nelson for their signatures or not.  If you did then when did you submit it and why didn’t you send me a copy.  If you did not prepare it why not?  You told me on the 14th that if I am named on the policy that they cannot take it from me. I asked you to ask Gary Nelson about the policies. You told me today that now Gary has told you that he thinks that every body is cooling off. You told me that you asked him for a list of policies and that he started hedging on that. I asked you what did that mean?  You told me that means that they will probably make a move to keep it all to themselves.  I asked you how they could do that if I am named on the policies? You told me that you are not sure that I was named.  You told me that it was a policy that “was named “my mother.  You said that you would submit some interrogatories and find out what is there.  Why am I not entitled to information without having to pay my attorney to prepare paperwork every time? You also need to ask about the $100,000 plus in CD’s that they took out of the Bank.  Where did that money go to?  Here it is a year later and we have gotten no information whatsoever. 

IRS deadline.

I then asked you about the IRS deadline for filing the estate elections. Dad had not marriage partner to divert to so the tax consequences can eat up 50% of the estate. You told me that you think that they have addressed it in some fashion, filed an extension or an estimate, and they will pay more over time.  Which is it?  Why can’t I get a straight answer from them?  Why can’t I get a copy if the tax extension, or estimate?  Who filed it?  Who had the authority to file it?  It seems to me that who ever filed it had to have the authority to file it.  Only the executor or the Special Administrator would have had that authority.  If so then who is the Executor?  Who is the Special Administrator?   You were going to file a motion for a Special Administrator months ago but that has not happened. 

Motion for a Special Administrator,

I asked you what is happening for the Special Administrator.  You told me that you have not filed a petition for that. You told me that John Rubow had asked Gary Nelson if he wanted to be the Special Administrator because John had seen that there was not going to be any money.  How is this? I had understood that my three siblings had agreed to pay Rubow 30% of the estate to handle the probate case against me. Gary Nelson is representing them in the Wilson County case. When I told you that Gary cannot be the administrator (conflict here) you told me that if we could get rid of Rubow it would be an improvement. I said it probably would unless they got someone sharper than he is like we talked about before.

Motion for disinterment and autopsy. 

When I asked you about this you said that you just need a Doctor. You said that you did not have any sources for anyone that could conduct the autopsy.  I told you that I can do that.  I will make some calls and find a Doctor for you. Again you told me that it will probably offend my siblings and set their heals in.  Then you said that may be where they are going to be anyway.  We have known that for many months now. They have had their heals dug in for many years when it come to me.  Before dad died they played games and put on some degree of a front of cooperation for both dad and I so that we would not wake up to the fact of what they had planned for me after dad died.  

After he passed, Ivan Lee told Adam and I on December 23rd the day we buried him, “you and dad had it your way for all of these years, and by God now that he is gone you are not going to have it your way any longer".  The nasty trick that June pulled on my children and I by not allowing us to see dad the three weeks before he died is not a sign of cooperation or good will.  John deeded my property to Patty at 1 PM the dad died after he told me at 11:30 AM that he would deed it to me if there was a mistake is not a sign of cooperation or good faith. How much more proof do you need to determine that they have their heals dug in as far as they could possibly go. I have told you many times that when it comes to determining if someone killed my dad I do not really care if it offends them or not.  Anyone should be able to understand this.  You told me that you don’t want to feel responsible for choosing a Doctor. I told you that I can understand you feeing this way.  

Gary Nelson representing my three siblings and formatting for their interrogatories. 

I then asked you if Gary Nelson is still representing my three siblings. You said that he was. I then told you that I had not received a new format on doing my three siblings interrogatories.  The formatting on the Nelson’s Interrogatories was a nightmare to work with. It took three times as long as it should have for me to complete. You told me that you want me to complete this.  I asked you to talk to Gary Nelson and have him to Email the interrogatories in a format that I can use on my computer if possible. You agreed that would.   

Your Conversation with John Fail and Patty Hon. 


You told me that you talked to John and Patty and that they told you that they were not living in Texas, and that they were living in Fredonia and that they gave you their address.  John’s house and eight acres that he gave to Patty is North East of Fredonia about one mile about ¼ mile East of the highway.  I told you that may not be the truth about them not living in Texas, because they supposedly bought a house in Texas, and they may be planning on moving all their money and property holdings to Texas to hid and protect it from us.  I hope you understand my concerns on this.  Texas and Florida laws protects their residents from creditors.  Their residence is protected and their residence can be 10,000 acres or more.    


You also told me that you overheard John and Ivan Lee talking in the stair well.  You said that you could not recognize which one made the comment about loosing weight and may not be here much longer. You suggested that I call John and show some goodwill and ask him which one it was and voice my concern. You told me that my call may go a long way towards cooling things down or something like that.  I was not there and do not know what their demeanor was when they talked to you, but if they are playing the,  ”oh we did nothing wrong and just want to cooperate and help out”, line then have them sigh my property back over to me.  Please don’t buy into their helpless innocent pretense, it is false and may fool some people but it should not fool my lawyer.  


I told you about my letter of apology that June used against me and that John Rubow made such a big deal out of at the May jurisdiction hearing. I had stretched and overstated my shortcomings in the letter. I did so in an attempt to appease them and put dad’s mind at ease about my negative feelings about Gene and June moving into the home place in May 2005 to take care of him.  Not one of my three siblings responded in person, by phone, Email or letter.  They totally ignored me.  
Their long planed plan to defraud me was on their mind and they did not want to complicate things by responding to me, pure and simple.  I was asleep, and I trusted them.  June was real nice to my kids and I when we seen her at the hospital in Wichita with dad on his 92 birthday August 12, 2005.  June had promised me several times after I called her to see if she got my letter that she would read it to dad. 


When I read it to my dad on November 1, before I left him on November 2, the last time I saw him he cried and told me that it was a great letter. When I asked him if June had read it to him, he told me no. He said, “I have never seen that letter before”.


I told you that John had heart surgery earlier this year in Wichita (Tonia had called and told me.)  I called his nurse and told her to tell John that he was in Adam’s and my thoughts and prayers.  I told her not to tell Patty because I knew that she would not tell John.  I called the nurse back and she told me that she had told John.  I never heard a word from him.  This all reminds me of the dad day died and John told me in a tape recorded conversation at 11:30 AM , “Larry if there has been a mistake on the deeds (on the Horse Ranch and the George Place) then I will sign my 1/3 interest over to you.  One and one half (1 ½) hours later at 1PM he signed my land over to Patty Hon, and also gave her the 360 acre Home place.    


You suggested that I call John or another family member and see which one of my brothers is ill and extend my heart felt, “I’m sorry, I hope you get to feeling better soon.”  I do not wish anyone of my three siblings any ill health or bad luck, and I do not hate them.  I am simply saddened and feel sorry for them that they are such miserable, weak, greedy and pathetic individuals that they have sank to such depths of depravity that they have seen fit to steal from my children and I, and now want to tell the world what a horrible person that I am to cover up their crap.  It cannot be a good feeling for them, and if it makes them ill, what can I do to help them?  There is nothing that I can do to help them as much as I would like to do so. You know that.  If I told them you can keep my land and my ¼ of the estate assets totaling well over $500,000, it would not help them one iota.  In fact it may make them feel even worse if and when they were able to salvage one scrap of self respect or salve their conscience.          


In my attempt to follow your suggestion to call a family member in an attempt to check up on the welfare of my brothers, I decided to call John’s daughter Kim Larsh. We had a brief conversation on Saturday 11/18/2006 at 11AM. She was at work.  Kim would make a good witness.  She is a very intelligent gal who speaks straight and pulls no punches.  She told me that she always knew that I was supposed to get the Horse Ranch and the 160 acre George Place.  She told me that the reason that Patty Hon had been able to take control of John and the reason that he is so miserable is because he has done absolutely nothing with his life.  


I told her that John totally disinherited her and her brother David, and that it made me sick.  She told me that she knows that and that there is nothing that she can do about it, if that is what John and Patty wants. She said, “everything is Patty”. She said that he has not been a father to her brother David, his only son in any way whatsoever. She said he has never spent any time with us, and he never shows up to see us even after he has told us that he will.  She said that he told her he was coming over to see her last weekend, and never showed up and never called.  The only thing that I have ever heard John say about David is how worthless he is.  


He has said this about David from the time that he was a kid.  Then Kim told me that she is appalled about all the fighting that has been going on since grandpa died.  When I asked Kim if John or Ivan Lee was sick she told me not that she knew of. She told me  that she talks to Lora, Ivan Lee’s daughter every day by Email or phone, and that if Ivan Lee was sick, that Lora would have told her. She told me that David is getting out of the State Pen at Eldorado Kansas this month on parole for drugs.  I asked her if anyone is living at the 360 acre Home place.  She told me no.  She said that it is rotting down and that June and Gene had moved up north (Leavenworth I suppose?)  Gary and Tonia may have got them a place with the money from the sale of June’s 200 acres.  She said that David had asked his dad John if he could move onto the home place and fix it up.  Patty and John told him no!  If there was anything to be gained by calling my siblings and wishing them well other than sending them a message of ratification for their criminal and immoral conduct then I would follow your advise and do so, but I do not believe that there is.     


Kim’s information is listed below. 


Richard and Kim Larsh
21043 Douglas Road 
Cherryvale, Kansas 67335
Home 620-336-2845
Cell 620-423-6668
Work 620-423-8920   


Please ad this information to your list of contacts and witnesses, along with all the other witnesses’ that you have listed.  Make sure to ad all of our witness to the Discovery and Disclosures that we are required to give the defendants attorney Gary A. Nelson.  


Letter from Gary A. Nelson dated November 15, 2006, and Documents from the bank of Commerce, ordered by Nelson.


After reading Gary Nelson’s negative and demanding letter and judging from his adversarial conduct and his evasive answers to your questions I am now convinced that the truth or fair play is of no concern to him. He is totally focused on screwing my kids and I out of everything that mom and dad wanted us to get from them.  If the tape recordings, transcripts of the conversations and discovery information that I sent to you and him did not convince him as to what dad and mom wanted then nothing will.  He is going to fight us every step of the way.  Gary Nelson planed this highjack several years ago with June and Tonia.  Ivan Lee, John and Patty Hon are willing riders and are enjoying the fruits of the fraud.  June is a vicious, vindictive and deceitful person.  Her husband Gene is even worse if that is possible. Together they created Tonia who is two times as cunning, deceitful and evil as either one on them. Gary Nelson is married to and controlled by Tonia by virtue of his children with her and he likes the talent that she brings to the partnership for screwing people, which means much money for the two of them together. Together they have bought over 70 homes in Leavenworth and they must be the landlords from hell if they screw their tenants like they are screwing me. They have chosen to do whatever it takes to win financially.  Dad and Gary’s dad Dale were good friends. Gary’s dad is well respected in Wilson county. Several farmers there have told me that Gary is not like his dad. 


They have told me that that Gary is a crook and will do anything for money.  This is what I am up against.  I attempted to give the benefit of the doubt as my dad always did.  
I don’t have any more doubts. He needs to be disbarred like John Rubow needs to be disbarred to protect the professional and ethical practice of law.  Lawyers need to protect the integrity of their profession by cleaning out their own chicken house now and then. 
There is a difference between a lawyer aggressively representing his client and a lawyer who involves himself in self serving cases like mine by engaging in sleazy conduct and taking advantage of family members on a personal level. Gary Nelson has engaged in the crafting of qualification Medicaid fraud.  He conned my dad into using death deeds to dance around the probate process and through Tonia and June got dad to sign death deeds with his name on them to my property and pretending and convincing dad that they would carry out his wishes and hold my property for me.  We can no longer afford to be lulled into thinking that we can work with Gary Nelson and that he is a nice guy.  We can no longer do that, please.    


Bank of Commerce Records


After Gary and Tonia Nelson read over my documents, listened to the taped conversations and read the transcripts that reveals the truth about what dad wanted they now have chosen to get and use the records from the Bank of Commerce in an attempt to illustrate how I screwed dad out of a lot of his money.  As I told you the “House Rental Account” Number 340553 was set up with my son Adam as a signatory to put the rental income from the Horse Ranch and the oil income into.  The auto payment for the Greenwood loan to GMAC, and the remodeling expense came out of this account because it was Adam’s and my money.  Dad also wanted Ivan Lee as a signor on the account because he had dad’s power of attorney.  


Ivan Lee raised all kinds of hell when we took most of our money out of the account after it became evident to Adam and I that the rape was on. We were denied access to dad and shut out of everything. We were denied access to dad’s CPA Phil Jarred, and his bank and accounting records even though dad had always requested that  we have access.  The lawyer that represented both dad and I on several oil and gas deals, John Rubow crafted and set up the constructive trust for my kids and I started acting squirrelly and refused to talk to us.  If we had not of taken our money out of the account when we did Ivan Lee would have screwed us out of that just like he has our land, the CD’s and the other estate assets, and now the life insurance.                 
  
In my opinion litigation is like life in many ways. Winning is great and loosing is hell. Also in life and litigation what we think is what happens to us.  What I perceive as pessimism from you to a degree could become a self fulfilling prophesy, causing you to become apathetic and thereby costing us the initiative.  The one who leads normally wins.  All things being equal, the one who can force the other person to play his game, or play into his hands normally wins. So far Gary Nelson is leading.  He is setting the pace in the case that we filed in Fredonia.  And he and John Rubow have a real gang bang planed in the probate case.   They know if they win there they can carry their arguments into the Wilson County Case. He has ordered and received discovery.  We have not.  He has scheduled depositions, we have not.  Information is power. He is getting information and we are not. He is holding the cards and my property, and it seems like we are hanging our heads and wringing our hands. The defendants are on the offensive. We are not.  We are not proactive.  
We are reacting.  Nelson’s strategy is to keep us busy and preoccupied sending us on wild goose chases while he gets information while we get none, because we are not asking.      


So far this has been largely a one sided dialogue.  I have ask you for answers in writing to my many questions in the various letters (which I know you have read because you have charged me for reading them).  They remain unanswered. You have laid forth no clear strategy to win this case nor do our conversations offer any real answers.  What would you do if you were me?  


Amend Complaint


I feel that we should amend our Wilson County Complaint and ad three new claims.  


Ad John Rubow as a defendant.
 
1. It is my opinion that we should name John Rubow as a defendant for the following reasons.  In the past he represented not only my dad but he also represented both my dad and I in some oil and gas deals, and he also represented both my parents and I in the constructive trust, the wills, and the Real Estate.  He has not honored his ethical and fiduciary duty to my dad or myself.  In fact he is representing my adversaries against me. How ridiculous is this?  Very. His conduct has caused me to spend a lot of money in attorney fees, travel, and other costs including but not limited to 90 % my time for the last year which I have spent searching out documents, photocopying, listening to hours of tape recordings, having transcripts made, and the unbelievable emotional stress, and mental anguish brought upon my children and I in dealing with the entire case including being alienated by them from my dad and my children’s grandfather the last few weeks of his life.  John Rubow’s amnesia faked or real, his shared responsibility for the crafting of the scheme and ongoing enterprise to defraud me,  his support and encouragement of my three siblings creates liability for John Rubow, and he should be named as a defendant.  I understand that naming him as a defendant in this case may bar me from bringing a legal malpractice case against him at a later date but, I will go with that, or we can duel track or do both at the same time.      
 
Ad additional claims
  
2. It is my opinion that the Complaint should be amended to ad claims for damages against all the defendants in addition to getting my Real Estate and the Ness County Mineral property and my ¼ share of the estate assets.  My children and I have suffered real additional damages including but not limited to attorney fees, travel, and other costs including but not limited to 90 % my time for the last year which I have spent searching out documents, photocopying, listening to hours of tape recordings, having transcripts made, and the unbelievable emotional stress, and mental anguish brought upon my children and I in dealing with the entire case including being alienated by them from my dad and my children’s grandfather I the last few weeks of his life. The door should be left to open to the jury to award additional damages as they see fit under the circumstances of the case.   


Ad a Rico Claim 


3. It is my opinion we should ad a treble damages claim under the State RICO 
Statutes or take the case into Federal Court in Wichita to comply with Federal Rico Statutes for treble damages.  This claim may sober the defendants up and force them to come to terms with the fact that this case could get serious and cost them some serious money including, their land,  $100,000 plus in dad’s CD’s that they took, the $70,000 in Cattle that John and Patty took, and the other estate assets. It may even cost Gary and Tonia a share of their seventy (70) rental properties in Leavenworth.  However a RICO claim should not be brought simply as a bluff.  It should be researched and it is as dead serious as I am about this case and, and it should be as dead serious as the law allows.  It should not be brought without sufficient legal research and consulting with legal experts on the subject  that knows both State and Federal RICO law.  
      
           The factors that trigger a Rico claim is an ongoing enterprise, and with three or   
           more entities.  The defendants are conducting an on going enterprise, and each 
           one of the defendants constitutes a separate entity. There is both Civil and 
           Criminal Rico statutes.  * It is my opinion that the defendants have engaged in 
            various activities that very well may constitute criminal activity, such as   
            conspiracy to defraud.  The new Federal law makes it a crime for two or more 
            people to simply talk about defrauding someone even if they do not carry through 
            with it.  The defendants most certainly have talked about committing a crime and 
            they are also carrying through on it.  They and John Rubow knew about the 
            constructive trust yet the have conspired to ignore it and forge on in an attempt to 
            commit fraud. These are valid arguments worth making.  To succeed in this case 
            we have to set the tone, direction by selecting the issues and arguments.  If we   
            allow Gary Nelson to do so we get sucked into his game and we loose.           


We need to determine what issues may trigger and/or determine what constitutes a Federal RICO case over a State Rico Case, such as State Lines, using the US Mails to commit fraud etc.   We should research to possibility of filing a Motion to move both the Probated case and the Wilson County Case to Federal Court in the Tenth Circuit Court which is based in Denver.  There is however a Federal Kansas District Court in Wichita at 401 Market Street, a short walk from your office.  


Given the opportunity, which they have been given, the Courts in both Neosho and Wilson Counties may in some way violate my civil rights thereby creating a Federal Civil Rights Case.  When June kept me from seeing my dad I feel like she violated my basic human rights, and created liability for herself and the Nursing Home. (I wanted to name them as a defendant)  I understand that to have a civil rights claim that a Government entity has to violate my civil rights, not an individual.     


Fee Discussion  


Our discussion about your fees reflected your frustration about not receiving any money recently from me.  I told you that I understand and I do.  I told you that I am committed to you and this case.  I understand that you do not feel comfortable when you don’t get paid on time.  Please try to understand that Adam and I do not feel comfortable either when we do not get answers to the many questions that we have requested from you. 
No one has unlimited resources. We need to focus your time and Adam’s and my money on the most important issues in priority order. Getting a copy of the life insurance Policies, to get money, and deposing all of the dependants, and equally if not more important, John Rubow is more important that fighting a loosing battler on jurisdiction.  Rubow is the devil behind the details of this case.  He was the designer of this disaster. He could have turned my three siblings around if he would have simply reminded them what the arrangement was. For Rubow to dishonor my parents and breach his fiduciary duty to them and my children and I, immoral, unethical and in my opinion criminal. 


Gary and Tonia Nelson are equal partners in this design to defraud my children and I.  Ivan Lee, June, Gene, John and Patty Hon are co-conspirators in the fraud.  Ivan Lee’s wife Cindy is a nice gal and is married to a thief.  Gene Dedeke is a greedy vindictive skitzo, June is  vindictive, crafty, dishonest and cold, as in cold blooded killer, in my opinion.  John is simply pathetic, with no sense of self worth whatsoever for some reason. Patty Hon is a cold calculating greedy user that John is emotionally and financially enslaved to.  She is his master, his owner and his handler.  He is not a free man in any sense of the word. I feel sorry for him, and I tried to save him but some people cannot be saved from themselves, and John is one of those people.  As for Adam he is a decent, moral honest loving person that I am in no way deserving of.  God blessed me.  As for myself, I fall asleep and trust people to much, and this is case one of those times.  I am a long way from a perfect person. In this case however I am doing my best make amends to my children in my attempt to salvage something from dad’s life long hard work, and my efforts for their inheritance.  My kids are just as deserving as my three siblings kids are.                
Your money is important but let’s not loose sign of your client’s best interests. 


Complaints and missing records


I about have my complaints to the bar completed against John Rubow and Gary Nelson.  Rest assured that as time goes on and we get more information we will discover a lot more dirty deeds committed by the Nelsons and June and Rubow, with such possibilities as forged documents, the Signal deed, life insurance declarations, CD’s, no Bill of Sale on the Cattle, (Frank Greve told me about this problem) , destroyed letters, dad’s tax returns, bank and accounting records and who knows what else. We must file a motion for a Court Order to get all of this information from Dad’s bookkeepers, Phil Jarred (also  Chuck Apt’s’ accountant )  and Delores Rose for the last 30 years.  June was at the house last and she had full control of all of dad’ tax returns. Bank records, checks, and accounting records, and all of the records on the Colorado investments that dad and I had in the partnership. She has them or she destroyed. 


They filled four big drawers in of a big green filing cabinet and over twelve plastic storage tubs.  I know this because I seen them many times and had full access to them with dad’s permission until June moved into the hose in May of 2005.  Gary Nelson keeps asking for all of the partnership papers. Tell him to them from June, she had them last. I told you in my discovery for the Nelson’s that I had a lot of records stolen by Trenton Parker in 1993.  I gave you and Nelson proof of this in the form of a $563,00 money judgment against Parker, the thief who them all, and a transcript of the trial.  I guess I could get all of dad’s tax records and my tax records from the IRS for the last 30 years when out partnership was active.  It would be expensive.  Tell Gary Nelson that if he will pay for them that I will get them for him.  It could help me prove that dad and I had the partnership, which may be to our advantage.   


The other way to prove that the partnership existed is to depose my three siblings.  They all got a lot of money out of it.  John got over $400,000 which he wasted on a concert plant in Fredonia over a period of five years. You can ask him about this. June and Ivan Lee also got a lot of money out of it, and not one of them turned a hand to help dad and I.  All they could do was whine and bitch about the partnership, now they don’t remember the partnership.     


Amend Fee Agreement to offer a performance bonus and security  


To assure our mutual commitment to each other and to this case, I would like to offer you the opportunity amend our fee agreement as follows.  


Draft a hybrid performance agreement giving you 30 % of any monetary award for damages that we collected get plus $100.00 per hour.   


Adam and I feel that the conditions to Adam and I submitting to depositions in Wichita on December, 20, 21, must be this.  We want to take the defendants and John Rubow’s deposition at the same time. 


New Deed Information from the Wilson County Register of Deeds, and waver of homestead claim on Leavenworth County Land.  


I have enclosed the new deed information of the sale of June’s 200 acres from Gary A. Nelson and Tonia L. Nelson to Asix, L.L.C. and C.D. Triplett and Cathy J. Triplett.
You had told me that in return for our cooperation in the release of our claim in the Wilson County Case against June’s land that Gary Nelson had promised you that he would not put a homestead on the new land that they purchased in the Leavenworth area with the proceeds of the sale of June’s land in Wilson County. Did you get this in writing?  If so please mail me a copy of the correspondence and agreement.  This was to protect June’s assets for us in the event that we get a judgment against her.  Chasing an empty bag would be a big waste of time and money for us.  To avoid this, all of the debtor’s assets must be protected from, sale, squander or placed in hiding.   


Additional Discovery 


Next week I will be mailing you additional discovery information for Gary Nelson.  I have attempted to call the IRS to get my Tax returns for the last 30 years.  I need something that would authorize me to also get my father’s, tax returns, if I cannot get them from his bookkeepers. 


I know that this is a lot to digest, and hopefully you will be able to understand it all.  Please call me after you have read it over.  


Sincerely,


Larry Fail


Documents enclosed
Article from Wikipedia encyclopedia defining Conspiracy (crime) 
New Deed Information From The Wilson County Register of Deeds. 



Lawyer Knopp took my money and ignored my questions and my requests.



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