''41. That Eliot has alleged that further retaliation comes from the recent Estate and Probate
crimes being committed against his family, which once again are crimes again done primarily
by attorneys at law and judges acting in conspiracy against Eliot’s rights and designed to deny him
his inheritances and where the crimes now include the alleged murder of Simon
(alleged by Ted the day his father died.)
42. That Eliot alleges that the theft of the insurance policy that is the subject of the lawsuit before
this Court is yet further retaliation to deny him expectancies, where Eliot was initially NOT
told of this lawsuit and was not made party to the original complaint and is yet another effort
to steal the estate property and deny him inheritances through fraud committed again by
attorneys at law, Donald R. Tescher, Esq. and his junior partner Robert L. Spallina, Esq., in
concert with Ted, designed to steal millions of dollars of monies for Eliot’s family.
43. This insurance policy theft scheme is to further disable any chance of Eliot getting monies,
which could be used to get counsel to defend his family’s inheritance (he has not received a
dollar from the Estates and Trusts in over two years due to frauds committed that have
delayed their expectancies) and where the inheritance could also be used to pursue his and
others Intellectual Property rights and his RICO, feed his children and more.
44. Eliot and his family were wholly dependent on their inheritances for income as Simon had
set up elaborate estate plans for Eliot’s family to continue to receive monthly income that
Simon and Shirley Bernstein had set up and begun many years before their deaths to protect
Eliot and his family due to the dangerous situation their lives became entangled in and their
inability to seek employment with the onslaught against them.
45. The danger prevented Eliot from gaining employment, as not many employers want to hire
people who have bombs put in their cars and are in the middle of complex RICO litigation
and these funds Simon and Shirley set up paid for all basic living and household expenses for
the home that Eliot’s children own, private school tuitions for the children and all of their other expenses and needs, including but not limited to Health Insurance, Food, Clothing,
46. That Simon had set up continuation of these payments to occur long into the future upon his
death through his Estate plans and took many precautions to make sure Eliot and his family
would have no problems once he died with income to survive many years and through all the
children’s college educations. That the hijacking and theft of these funds via the crimes in
the probate court are fully intended to cause grave harm and damage to Eliot to keep him
from pursuing his whistleblowing efforts.
47. That Eliot must now protect his family without help from authorities who have been virtually
silent for years on ongoing investigations and silent since being noticed regarding the recent
threat of imminent danger to his family made by a licensed attorney at law, Schwager, and
where Eliot alleges this delay may also be intentional and created by lawyers who are in
prosecutorial roles and controlled by the law firms that are against Eliot, in direct efforts to
deny Eliot and his family state and federal protections.
48. However, it appears that wherever attorneys at law in whatever role they play (private
attorneys, prosecutors, judges, etc.) become involved in Eliot’s life there is no relief and in
fact further retaliations and denials of due process and procedure to Obstruct any chance at
Justice. Hence, there should be an Injunctive Relief that: 1) the Bar Associations or any of
the judges against whom the whistle is being blown on cannot take any action against Eliot or
his family for publishing the truth and 2) the courts must refrain from restricting our
pleadings and motions to protect the innocent.
Wherefore, Eliot request that Eliot be designated with the status of a Whistleblower
and afford all the state and federal Whistleblower protections and provide federal witness
STAY OF ALL PROCEEDINGS IN THE FLORIDA PROBATE COURT AND
TRANSFER OF ALL FLORIDA PROBATE MATTERS TO THIS COURT
49. The denial of due process, equal protection and obstruction of justice and retaliatory acts
proliferate because the Florida Bar protects the corruption and criminal actions of its
members instead of holding them accountable and issuing strong sanctions as it appears the
enterprise has infiltrated any agency that can investigate them and their self-policing Bar
50. The Bar Association’s reprobate attorneys at law in charge of disciplinary sanctions against
members appears steeped in corruption and is used to retaliate against honest members doing
the right thing by reporting the corruption they witness that they are duty bound under Oath
of G-d to report and instead promote the bad actor members reported who are acting outside
the color of law for personal gain and who aid and abet the racketeering enterprise.
51. Victims who are turned to the Florida Bar for relief when they report civil, ethical and
criminal misconduct of attorneys at law and judges are subjected to the same retaliatory acts
by the Florida Bar as their member whistleblowers and in giving their complaint information
to the Florida Bar they have basically turned their evidence over to those they are
complaining against as the Florida Bar then gives that information to the accused parties and
again this deprives rights to victims ingrained in traditional investigations.
52. The Florida Bar then typically issues letters to victims of how they reviewed the matters and
found no cause to investigate further and that you owe your attorney fees or words to that
effect. In Eliot’s case, the goodbye good luck letters were found to be written by or aided by
Proskauer Rose attorneys who were violating Florida Bar rules by interfering in the
complaints filed against their firm, which is what led to the investigations in New York and
that led Eliot to the Florida Supreme Court and then the US Supreme Court, where it appears
the attorney protections go all the way up the chain, as neither would review the bar
associations misconduct and thus no remedy avails victims.
53. There is a conflict of interest inherent in the Florida Bar’s self-disciplinary regulatory body
policy for how can a state organization regulate itself and its members and skirt traditional
discipline from criminal investigation, as the bar association disciplinary agencies cannot
investigate or regulate the criminal misconduct of its members and only investigate their
ethical misconduct and sanction or disbar them.
54. The self-policing policy of the Florida Bar does not work – Florida Bar members cannot
unbiasedly investigate the actions of other Florida Bar members and victims complaining
about their members or be counted on to report them to criminal authorities when necessary,
as a protection of brethren members is inherent.
55. Therefore, a loophole in justice is created whereby lawyers committing crimes may evade
criminal prosecution if the state bar fails to contact criminal authorities to investigate claims
made by victims that involve criminal elements and this covers up the felony misconduct
instead. When citizens have complaints, criminal or civil, against judges, prosecutors and private
attorneys at law they are directed by law enforcement to contact the Florida Bar or the
Judicial Qualification Committee to report the criminal or civil misconduct of bar members.
56. These bar association and judicial commissions have regulatory bodies (which have no
criminal jurisdiction or powers to prosecute or investigate criminal acts), which are then
supposed to review the victims complaints and report any criminal misconduct they find to
the proper criminal authorities for investigation.
57. If they find criminal misconduct and fail to report the felonies alleged the loophole to evade
justice is fulfilled, as no criminal investigations are instituted because they have been
blocked. Every once in a while an attorney may be disbarred or a judge suspended when
they are involved in criminal misconduct but no criminal prosecution of them is made and
the victim is left helpless with no due process for the crimes against them.
58. If the victims turn back to criminal authorities after the regulatory agencies determine no
cause to investigate the complaint, law enforcement then states that the agencies did not find
wrong doing and that they do not want to review the matter as it will be taken to a prosecutor
member of the Florida Bar in the end who will review and work with the State Bar and thus
the effort will be futile.
59. That Eliot states that victims should never seek State Bar sanctions or disbarment of the
attorneys who have committed crimes against them and only work with criminal authorities
who are often not associated with the Florida Bar, as there is nothing sexier in a prison
environment than a lawyer with a license who everyone wants as a cellie at night to do his
pleadings and so disbarment for criminal acts of lawyers is not good, as if a lawyer is guilty
of a criminal act against a client, it would serve well the victim to know that the lawyer is not
only criminally charged, prosecuted and sentenced but that he is then being worked to death
while serving his sentence in the pen by everyone who needs a lawyer in jail.
60. This “Get Out of Jail Free” card that lawyers and judges have written themselves by creating
the state bar associations and disciplinary departments to have regulatory power over their
members in ethical and criminal complaints filed by citizens and whistleblowers and move
the matters to their organization for improper adjudication is unconstitutional.
61. This perversion of the system allows bar members who commit felony acts to be first
reviewed by the bar association and determinations made that can evade criminal authorities,
such as intentionally failing to report the criminal acts of their members in victim complaints
(Misprision of a Felony or Aiding and Abetting) to criminal authorities and this directly
impacts the victims’ rights to fair and impartial due process of parties that committed
criminal acts against them.
62. The complaints get moved from criminal authorities to the very organization where the
complained members are beholden to for their livelihoods and who may be part of the
organized criminal element within the bar association and regulatory body and this is like
going to the Gestapo and complaining camp guards are beating you and anticipating justice
will be served and the guards will now treat you with respect.
63. ANY OTHER AMERICAN without legal title who has to face criminal authorities for
crimes alleged against them by a victim have no place or organization they are members of
that they can go to and try and wiggle out of criminal misconduct by the organization they
belong to failing to pursue criminal misconduct against them by failing to report the crimes
and instead charge them with a slap on the wrist with useless disciplinary sanction,
suspension from profession such as disbarment and evade criminal prosecution.
64. The state bars are NOT a law enforcement agency. This ability to evade criminal authorities
and punishments creates unequal protections in the application of law and places certain
parties above the law and getting preferential treatment, while denying their victims fair and
impartial due process.
65. Florida Bar members should be conflicted out from investigating any another attorney who is
a member of the Florida Bar, which is a patent denial of due process through conflict that
obstructs justice and creates an overwhelming Appearance of Impropriety to the general
public that lawyers and judges are untouchable or immune to the criminal misconduct they
do and the reason lawyers and judges have the lowest approval rating of any professional
organization in America next to Congress (again made up primarily by attorneys at law.)
66. The self-policing aspect of the Florida Bar becomes even more inherently biased, conflicted
and unjust when the complaint is made by another Florida Bar member against another
Florida Bar member that is connected and the investigator is yet another connected Florida
Bar regulatory member. In this instance, the lawyer complaining can be threatened with
disbarment the ole Hollywood mob line modified to, “you’ll never practice or rule in this
state again,” forcing them to give up their complaint or go against the organization that holds
their livelihood and be destroyed.
67. The same inherent conflict of interest that exists with the Florida Bar also exists with the
Judicial Qualifications Commission. Florida Bar members again regulate Judges, who are
other Florida Bar members when a Florida Bar member whistleblower or a victim of judicial
injustice files a complaint against a Florida State Judge with the Judicial Qualifications
68. For these reasons Florida Bar members and the Florida Bar are inherently conflicted from
handling any aspect of Eliot’s Whistleblower matters or other civil actions due to these
conflicts from Eliot’s pursuit of the organization that conflict him with every member,
whether they are directly involved or not, as Eliot cannot know which members are involved
in the conspiracy against him due to the secretive nature of a conspiracies members who
conceal their criminal intent or know who the good lawyers trying to help him who are then
being threatened to drop his matters or else.
69. Due to the inherent conflict in the Florida Bar self-policing its members, it has manifested
into an criminal protection agency composed of reprobate attorneys who threaten and extort
members and victims who play by the rules seeking justice and protection and where it is in
no way a consumer protection agency in the way it operates.
70. That due to Eliot’s exposing reprobate members of the Florida Bar, he is also perusing
attorneys at law and judges in three states and their bar associations (PA, NY & VA) and
Eliot’s complaints allege collusion by a host of judges and he is now being legally abused by
misuse of the Florida Probate courts and aided and abetted by the courts acting as accomplice
and facilitator to ongoing crimes against him in Florida and this Court.
71. All of these new crimes taking place in this Court and the Florida Probate court are again
done by reprobate attorneys at law and all intended to deprive Eliot of his properties by legal
schemes and disabling his rights, including his right to counsel (as everyone of over 100
lawyers contacted to help him have declined, most expressing fear of retribution by their bar
associations or stating it was too complicated to sue attorneys.)
72. After the Candice Schwager, Esq. warning call, no attorneys after learning of that even want
to talk about representation, as if telling them about the car bombing up front does not scare
them away. After the call, Schwagger had to decline further representation to Eliot’s minor
children as she too is fearful of retribution and now suffering from the legal process abuse
directed at her for efforts to expose the corruption and truly help and provide justice to
73. Eliot, his wife Candice and their minor children are all afraid for their lives and in need of
immediate protections. All court proceedings in all Florida court cases should be
immediately stayed by this Court while they are transferred to this Court to prevent further
mis-adjudication, Fraud on the court, Fraud in the court and Fraud by the court and to prevent
further criminal activities from occurring against Eliot.
74. Eliot also seeks this Court to federally intervene in all prosecutorial and criminal
investigations due to the influence on these agencies by members of the Florida Bar and
Florida Supreme Court who Eliot is suing and pursuing in criminal and civil complaints filed
with state and federal agencies and to ensure and provide conflict free investigations and
75. Eliot is pursuing all of the following parties that are members of the Florida Bar, Florida
Supreme Court and other reprobate bar members acting in private practices (and this is only a
partial list in Florida and Eliot has three other similar states he sued with a similar cast of
criminals in each.
Properties theft, including but not limited to the following Defendants sued in the RICO
filed. These bar members were public officials involved at the time of filing the RICO in the
cover up and subsequent crimes: ''
Source and Lot's More