Wednesday, February 24, 2016

Simon Bernstein Irrevocable Insurance Trust v. Heritage Union Life Insurance Company District Court Northern District of Illinois ~ Honorable John Robert Blakey, Eliot Bernstein, Florida Probate Courts Motion for Injunction; posted here by Investigative Blogger Crystal L. Cox

Simon Bernstein Irrevocable Insurance Trust Dtd 6/21/95 v. Heritage Union Life Insurance Company
United States District Court Northern District of Illinois ~ Honorable John Robert Blakey Case Number ~ 1:13-cv-03643. MOTION by Third Party Defendants Eliot Ivan Bernstein, Eliot Bernstein, ThirdParty Plaintiff Eliot Bernstein, Cross Claimant Eliot Bernstein, Plaintiffs Eliot Bernstein, Eliot Ivan Bernstein for preliminary injunction.




2. I make this Affidavit-Petition in good faith in support of an Emergency Motion for Injunctive
Relief against all parties this District Court presently has jurisdiction over and for at least
temporarily restraining the Florida Probate Court of Judge John Phillips by an appropriately
tailored Order under the Anti-Injunction Act and All Writs Act under 28 USC Sec. 2283 and 28
USC Sec. 1651(a) respectively until such time as this Court holds a Hearing and or Conference
where Orderly Production of Discovery, Preservation of evidence, documents, records is
obtained and where other issues such as the conflicts of interest and potential misconduct by the
parties before this Court can be determined, determination of “side agreements” impacting the
integrity of this Court’s litigation such as discussed in Winkler v Eli Lilly can be heard, and
such other matters as to this Court seems just and proper.

3. As this Court will see, with the newly discovered fraudulent company Lions Head Land Trust,
Inc., with at least Ted Bernstein and his counsel Alan Rose who appeared for Ted Bernstein at a
Deposition held for this Court just being discovered last week Feb. 18, 2016 as another vehicle
of fraud to hide and secret away the transfer of assets valued in the millions is present, along
with a series of orchestrated proceedings in the parallel litigation in the State Court including
but not limited to attorneys Alan Rose and Steven Lessne submitting motions at a 5 Minute
UMC motion calendar for attorneys fees in the hundreds of thousands without submitting any
Billing statements to support, and being a flurry of motions to “wrap up” the Probate cases
despite literally millions of dollars in assets never being accounted for there is a very real and
imminent danger that the critical evidence, documents, records and Discovery necessary in aid
of this Court’s own jurisdiction and integrity of this Court’s own proceedings will be
permanently lost thus requiring this Court to now act with an appropriately tailored injunctive
Order herein against parties already under this Court’s jurisdiction.

4.    I am specifically seeking to enjoin the parties under this Court’s jurisdiction, Ted Bernstein,
Brian O’Connell and the Estate of Simon Bernstein, Alan Rose as Ted Bernstein’s attorney who
represented him at a federal court Deposition herein and remains his Palm Beach attorney,
Pamela Simon, David Simon, Adam Simon, Jill Iantoni, Lisa Friedstein and Florida State
Probate Judge John Phillips of the North Branch of Palm Beach County temporarily pending
further Order of this Court and at least until proper evidence, documents and Discovery are both
preserved and produced, until this Court sorts out conflicts of interest as set out herein and
exercises its inherent powers to probe “side deals” compromising the integrity of this Court’s
Jurisdiction and that such injunction should specifically include but not be limited to enjoining
proceedings before Judge Phillips in Palm Beach County this Thursday, Feb. 25, 2016 at 3:15
PM Est and as this Court further deems proper.

5. I further assert in good faith that this Court should find sufficient cause for such extra-ordinary
exercise of the injunctive powers at least by the time it reaches that part of this complaint that
describes the new fraudulent company Ted Bernstein and Alan Rose are involved in secreting
and hiding from the public record secreting multi-million dollar asset listed at $3.4 million
allegedly sold for $1.1 Million by recent deed transfer to a false company titled Lions Head
Land Trust, Inc, although there are further sections which describe with specificity and by
“piece-meal” discovery the Millions in assets presently unaccounted for by these parties herein
further justifying injunctive relief to schedule Orderly and proper discovery proceedings.

6. Just one “piece-meal” disclosed item of documentary evidence shown later herein documents
approximately $2.8 Million in just one of Simon Bernstein’s accounts at the time of his passing
which to this day has never been accounted for which also does not include millions from
other accounts and the millions of worth of Shirley Bernstein where in 5 years there has never
been an accounting yet the core parties who brought this original action to your Court try to
portray my parents as virtual paupers where all their records and financials and critical
documents are “lost” which is a fraud itself.

7. As shown throughout this complaint, the Discovery Abuses in the parallel State proceedings
which justify exercise of this Court’s injunctive powers at this time are such that there has never
been any coherent, complete disclosure of “Original” Trusts, Wills and related instruments nor
any coherent presentation of the Estates and how these were managed despite sophisticated
lawyers working in these cases Billing hundreds of thousands of dollars a clip.

8. I submit that the naked human eye upon reviewing the piece-meal production of “copies” and
magically timed surfacing of alleged “duplicate Originals” of the operative Trusts and other
instruments herein can detect multiple signatures that appear “too identical’, “too evenly
placed” on the page and multiple “identical” “Initials” such as “SB” that appear to be too
perfectly aligned such that preservation of Original documents and all evidence becomes even
more important in a case where proven, admitted to, documented fraud and forgery of important
instruments in the Florida Court has already been established yet instead of the Court notifying
any investigative authorities I am retaliated against for seeking truth and integrity in these

9. Because the amount and level of fraud is so pervasive and complex that is alleged to take place
in and upon the Florida Court by Court Officers, Fiduciaries and Counsel and can not be stated
in a few sentences and takes painstaking time to address, the remaining sections provide of this
case while also supporting the motion for use of the Injunctive powers of this court also further
provides background facts to the depth of the assets at stake, the depth of the fraud and claims
and part of the basis upon which I will respectfully seek further Leave of this Court to amend
my counter-cross complaints filed herein September 22, 2013 and further leave to Add parties
but due to the continuing nearly daily distractions by the sharp, abuse of process practices in the
Probate Court my proposed Amendments to my Cross-counterclaims are presently only in draft
form and I respectfully seek leave of this Court to file and submit a proposed Amended
Counter-cross complaint which not only seeks to add claims such as claims under 42 USC Sec.
1983 but also parties as well.

10.   I ask this Court to note, however, that even in the process of submitting this Motion-Petition Complaint herein, I have experienced significant “downtime” at my website where the host
Service provider that always responded timely in the past now does not respond sometimes for
days and where the basic internet services into my home have been “down” at critical times
where deadlines are in play and thus even this submission has been significantly delayed.

11.   I further point out that Ted Bernstein who is the one that suggested at the hospital that our father
Simon Bernstein may have been poisoned and murdered also said he would be handling things
with the authorities and had friend attorneys to do so and was on calls with a lawyer both from
Greenberg Traurig and Robert Spallina and where Ted’s “storyline” of how and why he is “in
charge” as “Trustee” has changed from day one while the delay denial of operative documents
began day one in a case where my father’s body goes “missing” for a week allegedly out for
autopsy at one location and where Simon Bernstein’s home computer containing years of
valuable business records alone is found “wiped clean” on the night of his passing and where
the Coroner’s Report comes back on a 113 yr old male while certainly Simon Bernstein was not
that age at the time of passing. See, Email of Ted’s Calls Sept 14, 20121
12. As referenced later in this complaint herein, Greenberg Traurig has been publicly identified as
being in the middle of major lawsuits for involvement in the multi-Billion Stanford Ponzi
scheme where Stanford monies and accounts exceeding a Million dollars for my parents is just
one of many items Unaccounted for where Discovery abuse has further occurred.

13. I have attempted to organize this complex set of facts in the most logical and orderly manner
under these emergency circumstances where my family grows in increasing imminent danger as
described herein.

14. I have read the Local Rules and believe I have complied in good faith and provided advance
Notice of this Emergency Application to the involved parties Electronically by Email on Friday,
Feb. 19, 2016 as follows:

Service Case #13-cv-03643 - Notice per Local Rule of Application on Emergency
Motion / Injunction US District Court Hon. John Robert Blakey


Parties, Attorneys and To Whom It May Concern:

I am writing to give you all as current parties and / or attorneys and representatives for
current parties in the Illinois federal court litigation and other parties to be added to the
federal court litigation as much advance reasonable notice as possible that I intend to
contact Judge Blakey’s Courtroom Deputy, Gloria Lewis, at (312) 818-6699, to make a
request to set a hearing on an emergency motion which will seek Injunctive relief
against all parties currently under jurisdiction of the District Court of Illinois with a
further request to enjoin at least temporarily all proceedings in the Court of Probate
Judge John Phillips and also add other parties to the action and other relief.
I will be requesting that this application be heard no later than this Tuesday, Feb. 23,
2016 Motion Calendar in Judge Blakey's Court and since my actual filings may not be
electronically uploaded until later today and over the weekend that such request be
deemed an Emergency and thus appropriate to hear as soon as practical.

1.  September 14, 2012 Emails Ted Tescher Spallina and Greenberg Traurig’s Jon Swergold

Please advise of your availability to hear this motion for this coming Tuesday, Feb. 23,

Eliot I. Bernstein
Iviewit Holdings, Inc. – DL
2753 N.W. 34th St.
Boca Raton, Florida 33434-3459
(561) 245.8588 (o)
(561) 886.7628 (c)
(561) 245-8644 (f)

15. I assert in good faith that hearing this Motion on an Emergency basis is proper due to a series of
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
myself with the Baker Act, Jail, Contempt and now a Guardianship on my children simply for
seeking my inheritance, seeking the truth, reporting crimes as discovered against the fiduciaries
and counsel primarily and now the Florida Courts are in high gear retaliating against the
exercise of my First Amendment rights to suppress my whistleblowing that has uncovered and
proven massive frauds against me committed on and by the Florida courts and its officers,
fiduciaries and others.

16. I respectfully remind this Court and Your Honor that it is my original fingerprint on the
February 2009 Petition to the White House, White House Counsel’s Office
. USAG, FBI and a other investigative agencies and further that I have been interviewed with federal agents including but not limited to now “missing” FBI Agent Stephen Luchessi originally out of West
Palm Beach FBI in Florida who went missing with the Iviewit case files causing my case to be
elevated to the former Inspector General of the Department of Justice Glenn A. Fine who
assigned a Miami field agent to my case, Harry I, Moatz the former Director of the Office of
Enrollment of the US Patent Office who had me file charges of Fraud on the US Patent Office
committed by my IP counsel that were members of the Federal Patent Bar that have led to a
multi year suspension of my Intellectual Properties while investigations continue) and other
federal agents like Ron Gardella out of the US Attorney’s Office in the SDNY ( now retired, I
believe ), others in the SDNY US Attorney’s offices and other investigative bodies as well.

17. The purpose for reminding Your Honor of these matters is to demonstrate that I have never been
charged by any of these federal authorities for making a false frivolous statement or received
adverse treatment yet in the Palm Beach County Probate proceedings I am being vilified and
retaliated against just for pursuing my rights and those of my children of our inheritance herein
and Technology rights while certain parties under this Court’s jurisdiction have attempted to
have CPS take my children on a false report that came back unfounded which was initiated on
the same day I notified this Court last May 2015 of threats against my life and this Court
referred me to 9/11 services, attempted through threat to Baker Act me for reporting/discussing
fraud and crime to a “Mediator” out of Judge Phillips Court, and now are seeking to jail me and
impose Guardianship against me this Thursday for topics like the Car bombing of my Mini-Van

2.  February 13, 2009 Letter to Honorable President Barrack Obama
in 2005 which was reported to the FBI and other authorities and other matters that have been
reported to federal authorities thus retaliating against me being a Whistleblower of the Fraud on
the Court and Fraud by the Court and its officers et al. and exercising First Amendment rights.

18. There have also been threats to take the home that my parents provided for my wife and
children under a specific agreement to relocate to Boca Raton, Fl from California to be close to
my parents and thus it is not unreasonable to suggest if I am falsey Baker acted or jailed the
likely next moves are to take the home while I am cast away leaving my wife and children alone
while I somehow have lost my “standing” at a 5 Minute UMC hearing in the State Court where
no Construction Hearing has ever occurred on any of the operative documents and has elevated
to even being blocked from filing responses to the motions in the Florida Probate Court,
meanwhile literally years of no Accountings and Abusive discovery and “lost” items from
sophisticated parties continues.

Emergency: Imminent Permanent Loss of Critical Evidence. Documents, Discovery
Necessary in Aid of this Court’s Jurisdiction:
Status in the District Court, New and Recent Discovery of Undisclosed Conflicts of
Interest, Feb. 18, 2016 Discovery of Fraudulent “Shell” Company to Hide Assets-Owner

19.    While the parties are awaiting determination from this Court on the Summary Judgement
motions filed by Plaintiffs, at least 2 scheduled Court Conferences with this Court have been rescheduled, yet still remaining before this Court even aside from the Summary Judgment
motions are Petitioner Eliot Bernstein’s Answer and Counterclaims filed September 22, 2013
asserting causes of action in Fraud, Fraud upon the Beneficiaries and Court, Abuse of Legal
Process, Civil Conspiracy and Breach of Fiduciary Duties amongst others.

20.   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, 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.

21.   This Court itself, Hon. John G. Blakey, presiding, issued a Minute Entry Order on May 22,
2015 under Docket Entry 185 that further provided in part as follows, “Bernstein's
representations to the contrary notwithstanding, at this time the Court is unable to say that
anyone has a clear right to the proceeds deposited by Heritage Union Life Insurance Company,
let alone what each interested party's share should be.“

22.   The same core parties and nucleus of operative facts are present in this US District Court
litigation as the Probate matters in Florida and I further seek leave to file for Declaratory relief
herein on the Trusts and Operating companies which are non-probate, and suggest judicial
economy in this complex case with parties from multiple jurisdictions will ultimately be served
by this Court taking jurisdiction over the Construction and validity of all the Trusts herein
which are non-probate anyway and for Construction and Validity of the operative Wills as will
be shown if I am granted leave to Amend my cross-counter complaint.

23. As will be shown, just on Discovery abuses alone where Discovery and the Denial of Discovery
has been used as a “weapon” by the Plaintiffs and other parties in the related proceedings in the
State Probate Court of Florida, there is a real and imminent danger that the Integrity of this
Court’s judgment and path to judgment will be fundamentally impaired by the permanent loss
of evidence and discovery materials justifying the exercise of the extra-ordinary relief under the
All Writs Act and Anti-Injunction Act.

Source and Full Motion / Filing

More on this Florida Probate Case, 

Posted by Investigative Blogger,
Crystal L. Cox

Florida Probate Court Fraud
Florida Probate Court Corruption
Corrupt Florida Probate Judges

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