The public needs a free press to show them how this accounting fraud works. Their signature cover is to divide and conquer the family they victimize. They make it appear as if the family destroyed itself fighting over money. Please understand that they intentionally destroy your family to coverup their accounting.

 

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This accounting fraud is protected. The public is not.

This accounting fraud is protected. The public is not. In 25 years not one person has attempted to stop them from using our innocent sister or has attempted to expose their accounting. Their signature cover is to use a trusting family member to unwitting carry out their agenda of dividing, destabilizing, and disempowering, the family they victimize. Going right for the jugular under the guise of a fiduciary relationship appears to be the perfect cover. Secrecy is essential to the fraudsters and fatal to the family.

 

$518,903 disappears







Complete accounts 23p
Use innocent 18p

 

 

 


Complaint (See items 29-33)
COMES NOW the Plaintiff, Jean Mary O'Connell Nader, by counsel, and brings this action pursuant to § 26-48 and 55-547.06 of the Code of Virginia (1950, as amended) for the removal and appointment of a trustee, and in support thereof states the following.
Parties and Jurisdiction
1. Plaintiff Jean Mary O’Connell Nader ("Jean") and *Defendants Anthony Miner O’Connell ("Anthony") and Sheila Ann O'Connell ("Sheila") are the children of Harold A. O’Connell ("Mr. O’Connell"), who died in 1975, and Jean M. O'Connell ("Mrs. O'Connell"), who died on September 15, 1991.
2. The trusts that are the subject of this action are: (a) the trust created under the Last Will and Testament of Harold A. O'Connell dated April 11, 1974, and admitted to probate in this Court on June 18, 1975; and (b) a Land Trust Agreement dated October 16, 1992, which was recorded among the land records of this Court in Deed Book 8845 at Page 1449.
3. Jean, Sheila, and Anthony are the beneficiaries of both of the trusts and, therefore, are the parties interested in this proceeding.
Facts
4. During their lifetimes, Mr. and Mrs. O'Connell owned as *tenants in common a parcel of unimproved real estate identified by Tax Map No. 0904-0 1-00 17 and located near the Franconia area of Fairfax County, Virginia and consisting of approximately 15 acres (the "Property").
5. After his death in 1975, a 46.0994% interest in the Property deriving fiom Mr, O'Connell's original 50% share was transferred to a trust created under his Last Will and Testament (the "Harold Trust"), of which Anthony serves as trustee. A copy of the Last Will and Testament of Harold A. O'Connell is attached hereto as Exhibit A.
6. Mrs. O'Connell held a life interest in the Harold Trust and, upon her death in 1991, the trust assets were to be distributed in equal shares to Jean, Sheila, and Anthony as remainder beneficiaries. Although other assets of the Harold Trust were distributed to the remainder beneficiaries, the trust's 46.0994% interest in the Property has never been distributed to Jean, Sheila, and Anthony in accordance with the terms of the Harold Trust.
7. After Mrs. O'Connell's death, her 53.9006% interest in the Property passed to Jean, Sheila, and Anthony in equal shares, pursuant to the terms of her Last Will and Testament and Codicil thereto, which was admitted to probate in this Court on December 10, 1991.
8. Thus, after Mrs. O'Connell's death, Jean, Sheila, and Anthony each owned a 17.96687% interest in the Property, and the Harold Trust continued to own a 49.0994% interest in the Property.
9. By a Land Trust Agreement dated October 16, 1992, Jean, Sheila, and Anthony, individually and in his capacity as trustee of the Harold Trust, created a Land Trust (the "Land Trust"), naming Anthony as initial trustee. A copy of the Land Trust Agreement is attached hereto as Exhibit B and incorporated by reference herein. The Harold Trust, Jean, Sheila, and Anthony (individually) are the beneficiaries of the Land Trust.
10. The Property was thereafter conveyed by Jean, Sheila, and Anthony, individually and as trustee of the Harold Trust, to Anthony, as trustee of the Land Trust, by a Deed dated October 16,1992 and recorded on October 23,1992 in Deed Book 8307 at Page 1446 among the land records for Fairfax County.
11. As trustee under the Land Trust, Anthony was granted broad powers and responsibilities in connection with the Property, including the authority and obligation to sell the Property. Paragraph 4.04 of the Land Trust Agreement states, in part, as follows:
If the Property or any part thereof remains in this trust at the expiration of twenty (20) years from date hereof, the Trustee shall promptly sell the Property at a public sale after a reasonable public advertisement and reasonable notice thereof to the Beneficiaries.
12. To date, the Property has not been sold, and the Land Trust is due to expire on October 16,2012.
13. According to Paragraph 9.03 of the Land Trust Agreement, the responsibility for payment of all real estate taxes on the Property is to be shared proportionately by the beneficiaries. However, if a beneficiary does not pay his or her share, the Land Trust Agreement provides: The Trustee will pay the shortfall and shall be reimbursed the principal plus 10% interest per annum. Trustee shall be reimbursed for any outstanding real estate tax shares or other Beneficiary shared expense still owed by any Beneficiary at settlement on the eventual sale of the property.
14. For many years, Jean sent payment to Anthony for her share of the real estate
taxes on the Property. Beginning in or about 1999, Anthony refused to accept her checks because they were made payable to "County of Fairfax." Anthony insisted that any checks for the real estat'k taxes be made payable to him individually, and he has returned or refused to forward Jean's checks to Fairfax County. Under the circumstances, Jean is unwilling to comply with Anthony's demands regarding the tax payments.
15. Anthony is not willing or has determined he is unable to sell the Property due to a mistaken interpretation of events and transactions concerning the Property and, upon information and belief, the administration of his mother's estate. Anthony's position remains intractable, despite court rulings against him, professional advice, and independent evidence. As a result, Anthony is unable to effectively deal with third parties and the other beneficiaries of the Land Trust.
16. In 2007, Anthony received a reasonable offer from a potential buyer to purchase the Property. Upon information and belief, Anthony became convinced of a title defect with the Property that, in his opinion, was an impediment to the sale of the Property. A title commitment issued by Stewart Title and Escrow on April 24,2007, attached hereto as Exhibit C, did not persuade Anthony that he, as the trustee of the Land Trust, had the power to convey the Property. Because of this and other difficulties created by Anthony, the Property was not sold.
17. Since 2007, it appears the only effort put forth by Anthony to sell the Property has been to post it for sale on a website he created, http://www.alexandriavirginial5acres.com
18. Since 2009, Anthony has failed to pay the real estate taxes for the Property as required by the Lhd Trust Agreement. Currently, the amount of real estate tax owed, including interest and penalties, is approximately $27,738.00.
19. Anthony has stated that he purposely did not pay the real estate taxes in order to force a sale of the Property and clear up the alleged title defects.
20. Since the real estate taxes are more than two years delinquent, Anthony's failure to pay may result in a tax sale of the Property. Anthony was notified of this possibility by a notice dated October 26, 201 1, attached hereto as Exhibit D. In addition to the threatened tax sale, the Land Trust is incurring additional costs, including penalties, interest, and fees, that would not be owed if Anthony had paid the real estate taxes in a timely manner.
21. In May 20 12, Jean, through her counsel, wrote a letter to Anthony requesting that he cooperate with a plan to sell the Property or resign as trustee. To date, Anthony has not expressed a willingness to do either, and still maintains that the alleged title defect and other "entanglements" must be resolved before any action can be taken towards a sale of the Property.
Count I: Removal of Anthony O'Connell as Trustee of Land Trust
22: The allegations of paragraphs 1 through 21 are incorporated by reference as if fully stated herein.
23. As trustee of the Land Trust, Anthony has a fiduciary duty to comply with the terms of the trust agreement, to preserve and protect the trust assets, and to exercise reasonable care, skill, and caution in the administration of the trust assets.
24. Anthony has breached his fiduciary duties by his unreasonable, misguided, and imprudent actions, including but not limited to, his failure to sell the Property and non-payment of the real estate taxes on the Property.
25. The breaches of duty by Anthony constitute good cause for his removal as trustee of the Land Trust.
WHEREFORE, Plaintiff Jean Mary O'Connell Nader prays for the following relief:
A. That the Court remove Anthony Minor O'Connell as trustee under the Land Trust Agreement dated October 16, 1992, pursuant to 26-48 of the Code of Virginia (1950, as amended);
B. That all fees payable to Anthony Minor O'Connell under the terms of the aforesaid Land Trust Agreement, including but not limited to, the trustee's compensation under paragraph 9.01, and all interest on advancements by the trustee to the trust for payment of real estate taxes pursuant to paragraph 9.03, be disallowed and deemed forfeited;
C. That all costs incurred by Plaintiff Jean Mary O'Connell Nader in this action, including reasonable attorneys' fees, be paid by the Land Trust; and
D. For all such further relief as this Court deems reasonable and proper.
Count 11: Removal of Anthony O'Connell as Trustee of the Trust under the Will of Harold A. O'Connell
26. The allegations of paragraphs 1 through 25 are incorporated by reference as if fully stated herein.
27. The terms of the Harold Trust provide that, upon the death of Mrs. O'Connell, the assets are to be distributed to Jean, Sheila, and Anthony in equal shares. Notwithstanding the terms of the Harold Trust and the provisions for its termination, Anthony entered into the Land Trust Agreement in his capacity as trustee of the Harold Trust. As a result, upon the sale of the Property, Anthony can exercise greater control over the Harold Trust's share of the sale proceeds than if the parties held their beneficial interests in their individual capacities.
28, Other than its status as beneficiary of the Land Trust, there is no reason for the continuation of the Harold Trust.
29. On August 8, 2000, an Eleventh Account for the Harold Trust was approved by the Commissioner of Accounts for the Circuit Court of Fairfax County and determined to be a final account.
30. Anthony repeatedly and unsuccessfully challenged the Commissioner's determination and requested, inter alia, that the Court and the Commissioner of Accounts investigate a debt of $659.97 that he alleged was owed to the Harold Trust by Mrs. O'Connell's estate. In these proceedings, the Commissioner stated, and the court agreed, that there was no evidence to support Anthony's claims that a debt existed and, if so, that it was an asset of the Harold Trust.
31. Anthony's repeated and unsuccessful challenges to the rulings of the Commissioner of Accounts and the Circuit Court in connection with the Eleventh Account, and his persistence in pursuing his unfounded claims to the present day, demonstrate that he is unable to administer the Harold Trust effectively and reliably.
32. It is in the best interests of the beneficiaries of the Harold Trust that, upon the sale of the Property, the net sale proceeds be distributed in an orderly and expedient manner. Based on Anthony's actions, he is not the proper individual to fulfill the trustee's duties in administering the Harold Trust.
33. The removal of Anthony as trustee best serves the interests of the beneficiaries of the Harold Trust.

WHEREFORE, Plaintiff Jean Mary O'Connell Nader prays for the following relief:
A. That the Court remove Anthony Minor O'Connell as trustee under the Last Will and Testament of Harold A. O'Connell, pursuant to § 55-547.06 of the Code of Virginia (1 950, as amended);
B. That all costs incurred by Plaintiff Jean Mary O'Comell Nader in this action including reasonable attorneys' fees, be awarded to her in accordance with § 55- 550.04 of the Code of Virginia (1950, as amended); and
C. For all such further relief as this Court deems reasonable and proper.
Count 111: Appointment of Successor Trustee
34. The allegations of paragraphs 1 through 33 are incorporated by reference as if fully stated herein.
35. Jean is a proper person to serve as trustee of the Land Trust in order to sell the Property on behalf of the beneficiaries of the Land Trust, and she is willing and able to serve in such capacity.
36. The best interests of the beneficiaries would be served if the Land Trust is continued for a sufficient period of time to allow the successor trustee to sell the Property, rather than allowing the Land Trust to terminate on the date specified in the Land Trust Agreement. Each of the individual beneficiaries of the Land Trust is age 70 or above, and it would be prudent to sell the Property during their lifetimes, if possible, rather than leaving the matter for the next generation to resolve.
37. Jean is a proper person to serve as trustee of the trust created under the Last Will and Testament of Harold A. O'Connell, and she is willing and able to serve in such capacity.
WHEREFORE, Plaintiff Jean Mary O'Connell Nader prays for the following relief:
A. That Plaintiff Jean Mary O'Connell Nader be appointed as successor trustee under the aforesaid Land Trust Agreement, with the direction to sell the Property upon such terms and conditions as this Court deems reasonable and appropriate, including, but not limited to, fixing a reasonable amount as compensation of the successor trustee for her services;
B. That the term of the Land Trust be continued for a reasonable time in order to allow for the sale of the Property;
C. That Plaintiff Jean Mary O'Connell Nader be appointed as successor trustee under the Last Will and Testament of Harold A. O'Connell for all purposes, including distribution of the net proceeds of the sale of the Property that are payable to such trust;
D. That all costs incurred by Plaintiff Jean Mary O'Connell Nader in this action, including reasonable attorneys' fees, be paid by the Land Trust; and E. For all such further relief as this Court deems reasonable and proper.

INSERT 11 th



 

True
10th account 17p
11th account 22p
12th delinquent 8p
12th account 22p
13th draft 5p
Exceptions to report 1994
Exceptions to report 2000 52p
Exceptions email rusk 3p

1999.08.09 Anthony O'Connell to Jesse Wilson and Henry Mackall
(The Trust's Twelfth Court Account, covering the period from 1996.1.1 to 1996.12.31)
"A check for $63.00 is enclosed to file this Twelfth Account. This is not a Final Account.
The accounting for the Trust u/w of H. A. O'Connell was entangled with the accounting of the Estate of Jean M. O'Connell, fiduciary # 49160, by the CPA (firm) I hired and by the lawyer who is co-executor for the Estate:
Ms. Jo Anne Barnes, CPA (firm).
Bruner, Kane & McCarthy, Limited
700 North Fairfax
Alexandria, Virginia 22313
Mr. Edward White, Attorney and Co-Executor
P.0. Box 207
Kinsale, Virginia 22488 (Last known address)
Those who control the entanglements control the people and assets that are entangled. I have experienced the CPA-lawyer entanglements before and know it would be foolhardy to try to sell Accotink (my family's remaining real estate, B8845 p1444 and B8307 p1446) until all the entanglements are removed and the accountings are clear.
To keep this Twelth Account simple and clear I will only address one of the known entanglements. In short, the CPA (firm) did the Trust's Seventh Court Account in a manner that required me to pay the Estate $ 1,475.97. The lawyer discovers that this is $659.97 too much. I can't get the CPA (firm) or the lawyer to address this $659.97 debt much less pay it back. This one is easy to see because it is clearly stated in the beginning of the Estate accounting as a Debt from the Harold O'Connell Trust 659.97. If you review the attached pages 1 through 17 that are part of this Twelfth Account you may notice that:

  • The lawyer unilateraly hires the CPA into the Estate (page 1).
  • The lawyer will seek my sister's approval to sue me if I don't file the Trust's Seventh Court Account early (page 1). The combined advice of the CPA(firm) and the lawyer force me to file it approximately eighteen months earlier than the Commissioner's scheduled date of October 20, 1993, because I cannnot convince my sister, Jean Nader, that their combined advice is wrong (pages 5,6 and 7). This places the filing of the Trust Account before the filing of the Estate Tax Return that is due on June 15, 1992. This makes it easier to entangle the Trust accounting with the Estate Tax Return accounting and make it appear to my family that the estate was damaged by my management of the Trust.
  • The lawyer's letter of April 22, 1992 lists a Debt from the Harold O'Connell Trust   659.97 (page 3) even though I do not sign or submit the Trust's Seventh Court Account that created the $659.97 debt until May 11, 1992 (page 8). The lawyer's letter of May 19, 1992 makes it appear that he doesn’t know what this $659.97 is about and that it is my fault (pages 9 and 10).
  • This $659.97 debt is reported to the IRS (page 16 ). But when I ask the lawyer and CPA (firm) about this $659.97 debt they avoid it (page 15), don't know what I'm talking about (text box on page 16), or don't respond (page 17).

Do any of you have the power to compel the CPA (firm) and the lawyer to:
1. Explain why they created this $659.97 debt.
2. Explain why I am made to appear responsible for it.
3. Show exactly where this $ 659.97 debt is now.
4. Pay the $ 659.97 back from the estate to the trust.
5.  Do it without inflicting anymore cost and conflict on any member of my family.
I want to keep this simple but you have to understand that the CPA (firm) and the lawyer avoid accountability by using a trusting family member, with no accounting background, such as my sister, Jean Nader, co-executor, to cover for them. Please note the advice that the lawyer expects Jean Nader to rely upon in his letter of April 22, 1992. Jean Nader is innocent and is being used.  She does not understand that she is being used. She is not responsible for what the CPA (firm) and the lawyer did. She did not do the accounting. I did not do the accounting. The CPA (firm) and lawyer did the accounting. They will use Jean Nader again and again and again. She has been led to believe that keeping estate accountings a secrect is being loyal to our mother (which makes me appear disloyal). You have to go around Jean Nader to compel the CPA (firm) and the lawyer to be accountable. Please; positively, absolutely, completely, and without exception, do not allow the CPA (firm) and the lawyer to inflict anymore cost and conflict on any member of my family. If you don't have the power to compel the the CPA (firm) and the lawyer to expose and remove the entanglements they created, please understand how I can't.
I would appreciate any effort you might make. Thank you

 

Trustee to Judges (July, 24, 2000)


Red highlight
- The accountants steal money.

Green highlight - The accountants use an innocent family member as cover. The accountant's advice to the innocent family member is designed to render the Testators family powerless by destroying the family as a family. But the innocent family member doesn't know this. The only tool the accountants need is your trust.


2000.07.24   (Anthony O'Connell to the Judges of the Nineteenth Circuit Court) (Copy to Joanne Barnes, Edward White, Allison May, Jesse Wilson, Henry Mackall, Peter Arntson,
SEC, IRS, the Virginia Bar, Jean Nader and Sheila O'Connell)

Anthony M. O'Connell. Trustee u/w of H. A. O'Connell
216 Governors Lane, Apt 12,
Harrisonburg, Virginia 22801
July 24, 2000

"The Honorable F. Bruce Bach, Chief Judge
The Honorable J. Howe Brown, Jr.
The Honorable Michael P. McWeeney
The Honorable Marcus D. Williams
The Honorable Gerald Bruce Lee
The Honorable Stanley Paul Klein
The Honorable Robert W. Wooldridge, Jr.
The Honorable Arthur B. Vieregg, Jr.
The Honorable Jane Marum Roush
The Honorable Dennis J. Smith
The Honorable M. Langhorne Keith
The Honorable David T. Stitt
The Honorable Leslie Alden
The Honorable Kathleen H. MacKay
The Honorable Jonathan C. Thacher
Nineteenth Judicial Circuit Court of Virginia
41 10 Chain Bridge Road
Fairfax, Virginia 22030-4009

Ref.:
(1) Trust u/w of H. A. O'Connell, Fiduciary # 21840 (Trust's primary beneficiary is Jean M. O'Connell)
(2) Estate of Jean M. O'Connell, Fiduciary # 49160
(a) Show Cause Against Distribution Order of September 27, 1993
(b) Order of Distribution of October 29, 1993
(c) Exceptions to Commissioners Report of
June 16, 1994, pending (Estate is open)

Summary
A CPA-lawyer fraud operation stole money from the Estate of Jean M. O'Connell. I would like to (1) find out how much money they stole, (2) recover the stolen money, and (3) free the real estate from their controlling accounting entanglements. Because they use an innocent family member to unwittingly carry out their agenda, the traditional paths of justice through the Court won't work. The direct intervention of a Judge is the last hope in the system. If you could (1) protect all the member's of Jean M. O'Connell's family from further damage, and (2) compel a 100% true and complete financial disclosure of her Estate, with one hard copy in my hands, you could expose an otherwise untouchable fraud operation.
The following CPA and lawyer are principals in a sophisticated, entrenched, and so far untouchable fraud operation. Because they both give the same fraudulent advice in secret to an innocent family member to carry out (so that it cannot be traced back to them), I will refer to one or both, and whoever else who conspires with them, as "secret advisors".

Jo Anne Barnes (CPA for the Estate and for the Trust u/w of H.A. O'Connell)
Bruner, Kane & McCarthy, Ltd.
700 North Fairfax
Alexandria, VA 223 13

Edward J. White, Attorney (Co-executor of the Estate)
P.O. Box 207
Kinsale, VA 22488
(Last known address obtained from the Virginia Bar)

They steal money

They stole money, from Jean M. O'Connell's estate. One way was to use two versions of the Estate Tax Return. These are not amendments or corrections, but two different versions with the same dates. There is only supposed to be one Estate Tax Return. They used the innocent family member to sign a $175,000 version with a $175,000 payment, then doctored that $175,000 version to read $119,000, and sent that with a $1 19,000 payment, and not the $175,000 payment, to the IRS.
The basic difference between the $175,000 payment and the $119,000 payment disappeared from their accounting.

Please read the enclosure They Steal Money if you read nothing else. The $175,000 version was exposed because there was a temporary breach in the secrecy by the innocent family member. The secrecy and the setups that render the testator's family helpless do not make sense unless you understand that they are covers for stealing money. If a tax preparer told a client that they needed $ 175,000 to send to the IRS, but the client later found out that the tax preparer only sent $1 19,000 to the IRS, and the whereabouts of the difference was a secret, that means the tax preparer made money disappear. Money is not supposed to disappear. Please understand that they steal money. Please start with this.

Their accountings are the evidence for stealing money. That is why they continue to keep accountings secret. If I could obtain a 100% true and complete financial disclosure of this estate, with one hard copy in my hands, I believe it would show that they stole more than that done with the two versions of the Estate Tax Return, and that they laundered it out of the estate using:
Alison M. May, Stockbroker
A. G. Edwards &Sons, Inc.
524 King Street
Alexandria, VA 22313
(Last known address)

Only a Judge (continued)


Trustee to Judges
(August 23, 2000)

2000.08.23 (Anthony O'Connell to the Judges of the Nineteenth Circuit Court) (Copy to Jesse Wilson, Henry Mackall and Peter Arntson)
"The Honorable F. Bruce Bach, Chief Judge
The Honorable Michael P. McWeeney
The Honorable Marcus D. Williams
The Honorable Stanley Paul Klein
The Honorable Robert W. Wooldridge, Jr.
The Honorable Arthur B. Vieregg, Jr.
The Honorable Dennis J. Smith
The Honorable Jane Marum Roush
The Honorable M. Langhorne Keith
The Honorable David T. Stitt
The Honorable Leslie Alden
The Honorable Kathleen H. MacKay
The Honorable Jonathan C. Thacher
The Honorable Henry E. Hudson
The Honorable R. Terrence Ney
Nineteenth Judicial Circuit Court of Virginia
4110 Chain Bridge Road
Fairfax, Virginia 22030-4009
Ref:
(1) My letter to the Judges of July 24, 2000
(2) Commissioner's report of August 8, 2000
The Commissioner's report of August 8, 2000 leads the Nineteenth Judicial Circuit Court to cover-up for a fraud operation. I assume it is being done unwittingly.
For the sake of the public trust, can any of you stop it?
To stop it would require fully exposing and addressing the discrepancies in the accountings of (1) the Estate of Jean M. O'Connell, fiduciary # 49160, and in (2) the accountings of the Trust u/w of H. A. O'Connell, fiduciary # 21840, before these two Accounts are closed.
Respectfully,
Anthony M. O'Connell , Trustee u/w of H. A. O'Connell
Copies to:
Commissioner of Accounts Jesse B. Wilson III
Assistant Commissioner of Accounts Henry C. Mackall
Deputy Commissioner of Accounts Peter A. Arntson"


Trustee to Judges
Exceptions to Commissioner's Report
(August 23, 2000)

2000.08.23   (Anthony O'Connell to Judges)
"Exceptions to Commissioner's Report
VIRGINIA: IN THE CIRCUIT COURT OF THE COUNTY OF FAIRFAX
IN RE: Trust u/w of H. A. O'Connell
To the Honorable Judges of Said Court:
The Honorable F. Bruce Bach, Chief Judge
The Honorable Michael P. McWeeney
The Honorable Marcus D. Williams
The Honorable Stanley Paul Klein
The Honorable Robert W. Wooldridge, Jr.
The Honorable Arthur B. Vieregg, Jr.
The Honorable Dennis J. Smith
The Honorable Jane Marum Roush
The Honorable M. Langhorne Keith
The Honorable David T. Stitt
The Honorable Leslie Alden
The Honorable Kathleen H. MacKay
The Honorable Jonathan C. Thacher
The Honorable Henry E. Hudson
The Honorable R. Terrence Ney

I, Anthony Miner O'Connell, Trustee u/w of H. A. O'Connell, fiduciary # 21840, respectfully excepts to the report of Jesse B. Wilson, III, Commissioner of Accounts, dated August 8,2000, to the Judges of Said Court, and state as my grounds, the following.
1.    First, I am not accusing Commissioner of Accounts Jesse B. Wilson, III, or any one else connected with the Court, of any wrongdoing.. I simply do not understand why
Commissioner of Accounts Jesse B. Wilson, III, would want to approve and close
Accounts before the accountings are fully exposed and the discrepancies addressed.
It is against the principals of accounting.
2.    Second, the source of the discrepancies are:
Jo Ann Barnes, CPA
Bruner, Kane & McCarthy, Ltd.
700 North Fairfax
Alexandria, VA 22313
Edward White, Attorney
P.O. Box 207
Kinsale, VA 22488
This CPA and lawyer are two principals in the source of the discrepancies that I pointed out in my letter to the Judges of July 24, 2000. The focus should be on the source.
To understand how the CPA and lawyer work would require that the Court fully expose their accountings and compel the CPA and lawyer to address the discrepancies. The CPA-lawyer accountings are the evidence for the discrepancies. I ask that this evidence not be covered up.
3.    Third, this report protects the source of the discrepancies, the CPA and the lawyer, rather than the public.
4.    Fourth, this report covers up, I assume unwittingly, accountings that have never been exposed and their discrepancies addressed.
5.    Fifth, this report, by closing the Account for the Trust u/w of H. A. O'Connell, renders Anthony M. O'Connell, Trustee for the ulw of H. A. O'Connell, helpless.
6.    Sixth, this report, by closing the Account for the Trust u/w of H. A. O'Connell, and as explained in the Trust's Twelfth Court Account, renders Anthony M. O'Connell, Trustee for the real estate recorded in B8845 p1444 and B8307 p1446, helpless in the sale of this real estate.
7. Reference "Estate of Harold A. O'Connell, Trust, Fiduciary No. 21840": This may mislead. The Estate of Harold A. O'Connell, fiduciary # 21840, and the Trust u/w of Harold A. O'Connell, fiduciary # 21840, are two separate Court Accounts. Even though they have been assigned the same fiduciary # 21840. My mother, Jean M. O'Connell, who died in 1991, was the fiduciary for the Estate of Harold A. O'Connell. I am the fiduciary for the Trust u/w of Harold A. O'Connell. It is important to not confuse the two Accounts. In 1997 the FBI was apparently led to believe that the Estate of Harold A. O'Connell was the issue when the Trust u/w of Harold O'Connell was the issue. I say this because the FBI sent me copies of accountings from the Estate of Harold A. O'Connell and not copies of accountings from the Trust u/w of H. A. O'Connell. The issue here is not the Estate of Harold A. O'Connell, but the Trust u/w of Harold A. O'Connell.
The office of Chief Judge F. Bruce Bach may have been led to believe that the issue is the Estate of Harold A. O'Connell because their enclosed letter of August 9, 2000 references the "Estate of Harold A. O'Connell". Again, the issue here is not the Estate of Harold A. O'Connell, but the Trust u/w of Harold A. O'Connell. They are two separate Court Accounts. It is important to not confuse the two.
8.    Items 1, 2 & 4:
(a) The zero balance in the Trust's Tenth and Eleventh Court Account is not the issue. As explained in the Trust's Twelfth Court Account, the issue is the entanglement of their accounting of the Trust u/w of H. A. O'Connell with their accounting of the Estate of Jean M. O'Connell, and the consequences of these entanglements.
It is difficult to recognize these entanglements and I was not confident enough in the Trust's Tenth and Eleven Court Account to report them. But I knew they were there and that is why I stated that these were not final accounts. As I stated in the Trust Twelfth Court Account to the Commissioner of Accounts: If you don't have the power to compel the the CPA (firm) and the lawyer to expose and remove the entanglements they created, please understand how I can't.
(b) I clearly stated on all the pages of this Eleventh Court Account that 'This is not a Final Account".
(c) Changing the Trust's Eleventh Court Account dated April 24, 1995, to a final
Account, after would eliminate the Trust's Twelfth Court Account. The Twelfth
Court Account is central to this report.
9.    I item 4:
(a) To close an account before the discrepancies are resolved violates the principals of accounting.
(b) To close a Court Account against the intent of the person responsible for the
Court Account violates the publics trust.
(c) To close the Account of the Trust u/w of H. A. O'Connell would render me, the Trustee for this Account, helpless.
10.    Exceptions to the reports items 5, 7 & 8:
(a) The Twelfth Court Account, as shown on the Commissioner's invoice dated
August 18, 1999, was accepted by the Commissioner on August 8, 1999, and accepted by cashing check # 667 for the filing fee for the Twelfth Account, and accepted by cashing check # 667 for a delinquency fee for the Twelfth Account.
(b) The $659.97 entanglement should not be confusing. The CPA(firm) prepares the
Trust's Seventh Court Account in a manner that requires the Trustee to pay the Estate of Jean M. O'Connell $1,475.97. The lawyer discovers that this is $659.97 too much. But the lawyer will not pay it back to the Trust.
The lawyer reported this $659.97 to the IRS in the Estate Tax Return in 1992, in the first amendment to the Estate Tax Return in 1993, and in the second amendment to the Estate Tax Return in 1995. When something is reported to the IRS it should be treated as real.
(c) The Twelfth Court Account is central to this report. It addresses a discrepancy in the CPA-lawyer accounting. It explains and documents a CPA-lawyer pattern of gaining control of assets, such as real estate, by entangling it in their accounting.
They control the entangled asset to the degree that they control the accounting entanglements they put on it.
In 1992 the CPA(firm) prepared the Trust's Seventh Court Account in a manner that required me to pay the Estate of Jean M. O'Connell $ 1,475.97. The lawyer discovers that this is $659.97 too much. But the lawyer won't pay it back to the Trust. It disappears into ambiguity and confusion. The pattern is that it will be used by the CPA-lawyer later.
There is nothing that I can do to make them pay this $659.97 back to the Trust.
They are in control of this entanglement. They are in control of any asset that they entangle with it. No one makes them accountable for it. This report does not make them accountable for it. They are untouchable. It is that simple.
The rules of accounting require me to carry over the known discrepancies from the Trust's Seventh Account to subsequent Trust Accounts until I can resolve them. One obstacle to exposing the entanglements is that accountings for the Estate of Jean M. O'Connell remain secret. One obstacle to removing them is that I do not have the power to compel the CPA or lawyer to recognize the discrepancies.
I believe the entirety of the Twelfth Court Account should be included for review.
I quote the introduction here:

Anthony M. O'Connell,
Trustee u/w of H. A. O'Connell
216 Governor's Lane Apt I2
Harrisonburg, Virginia 22801
August 9, 1999
Commissioner of Accounts Jesse B. Wilson 111
Deputy Commissioner of Accounts Peter A. Arntson
Fair Oaks Plaza
Suite 500
I1350 Random Hills Road
Fairfax, Virginia 22030
Assistant Commissioner of Accounts Henry C. Mackall
Mackall Mackall Walker & Gibb
4031 Chain Bridge Road
Fairfax, Virginia 22030
Reference:
Trust u/w H. A. O'Connell
Fiduciary Number 21840
Twelfth Account covering the period 1/1/96-12/31/96
A check for $63.00 is enclosed to file this Twelfth Account. This is not a Final [account]
The accounting for the Trust u/w of H. A. O'Connell was entangled with the accounting of the Estate of Jean M. O'Connell, fiduciary # 49160, by the CPA
(firm) I hired and by the lawyer who is co-executor for the Estate:
Ms. Jo Anne Barnes, CPA firm)
Bruner, Kane & McCarthy, Limited
700 North Fairfax
Alexandria, Virginia 22313
Mr. Edward White, Attorney and Co-Executor
P. 0. Box 207
Kinsale, Virginia 22488 (Last known address)
Those who control the entanglements control the people and assets that are entangled. I have experienced the CPA-lawyer entanglements before and know it would be foolhardy to try to sell Accotink (my family's remaining real estate, B8845 p1444 and B8307p1446) until all the entanglements are removed and the accountings are clear.
To keep this Twelth Account simple and clear I will only address one of the known entanglements. In short, the CPA (firm) did the Trust's Seventh Court Account in amanner that required me to pay the Estate $1,475.97. The lawyer discovers that this is $659.97 too much. I can't get the CPA (firm) or the lawyer to address this $659.97debt much less pay it back. This one is easy to see because it is clearly stated in the beginning of the Estate accounting as a Debt from the Harold O'Connell Trust
659.97. If you review the attached pages I through 17 that are part of this Twelfth
Account you may notice that:

  • The lawyer unilateraly hires the CPA into the Estate (page I).
  • The lawyer will seek my sister's approval to sue me i f I don't file the Trust's Seventh Court Account early (page I). The combined advice of the CPA firm) and the lawyer force me to file it approximately eighteen months earlier than the  Commissioner's scheduled date of October 20, 1993, because I cannnot convince my sister, Jean Nader, that their combined advice is wrong (pages 5, 6 and 7). This places the filing of the Trust Account before the filing of the Estate Tax Return that is due on June 15,1992. This makes it easier to entangle the Trust accounting with the Estate Tax Return accounting and make it appear to my family that the estate was damaged by my management of the Trust.
  • The lawyer's letter of April 22, 1992 lists a Debt from the Harold O'Connell Trust 659.97 (page 3) even though I do not sign or submit the Trust's Seventh Court Account that created the $659.97 debt until May I I, I992 (page 8). The lawyer's letter of May 19, 1992 makes it appear that he doesn't know what this $659.97 is about and that it is my fault (pages 9 and 10).
  • This $659.97 debt is reported to the IRS (page I6 ). But when I ask the lawyer and CPA (firm) about this $659.97 debt they avoid it (page 15,. don't know what I'm talking about (text box on page I6), or don't respond (page 17).

Do any of you have the power to compel the CPA ( firm) and the lawyer to:
I. Explain why they created this $659.97 debt.
2. Explain why I am made to appear responsible for it.
3. Show exactly where this $659.97 debt is now.
4. Pay the $659.97 back from the estate to the trust.
5. Do it without inflicting anymore cost and conflict on any member of my family.
I want to keep this simple but you have to understand that the CPA (firm) and the lawyer avoid accountability by using a trusting family member, with no accounting background, such as my sister, Jean Nader, co-executor, to cover for them Please note the advice that the lawyer expects Jean Nader to rely upon in his letter of April 22,1992. Jean Nader is innocent and is being used. She does not understand that she is being used. She is not responsible for what the CPA (firm) and the lawyer did. She did not do the accounting. I did not do the accounting. The CPA (firm) and lawyer did the accounting. They will use Jean Nader again and again and again. She has been led to believe that keeping estate accountings a secrect is being loyal to our mother (which makes me appear disloyal). You have to go around Jean Nader to compel the (CPA firm) and the lawyer to be accountable. Please; positively, absolutely, completely, and without exception, do not allow the CPA firm) and the lawyer to inflict anymore cost and conflict on any member of my family. Lf you don't have the power to compel the the CPA (firm) and the lawyer to expose and remove the entanglements they created, please understand how I can't.
I would appreciate any effort you might make. Thank you.
Sincerely,
Anthony M. O'Connell,
Trustee u/w of H. A. O'Connell
copy to:
Ms. Jo Anne Barnes, CPA
Mr. Ed White, Attorney and Co-Executor
Ms. Jean Nader, Beneficiary and Co-ExecutorMs. Sheila O'Connell, Beneficiary
This Twelfth Account shows that:
(a) The significance of the $659.97 entanglement is in not the amount of the $659.97, but in it's use, that of a controlling entanglement on real estate: I have experienced the
CPA-lawyer entanglements before and know it would be foolhardy to try to sell Accotink (my family's remaining real estate, B884.5 p1444 and B8307 p1446) until all the entanglements are removed and the accountings are clear. I would not be going through this effort if the significance of the $659.97 was $659.97.The value of these entanglements to the people who created them is reflected in their refusal to address and remove them.
(b) I tried to get the CPA and lawyer to address this $659.97 entanglement for about eight years. They would not address it. The zero balance in my Tenth and Eleventh
Court Account is due to this refusal of the CPA and lawyer to address it. I know there are more entanglements but I can't figure them out because of the secrecy surrounding the Estate of Jean M. O'Connell. The real estate tax entanglement between the Estate and the Trust u/w of H. A. O'Connell is impossible-to unravel.
11.   Item 6.
This may imply that the Estate of Jean M. O'Connell is closed: "The Estate of Jean
M. O'Connell, deceased, Fiduciary No. 49160, was closed in the Commissioner of
Accounts office after approval of a Final Account on May 31,1994".
The enclosed copy of a page from the Court's "INDEX TO WILLS & FIDUCIARES: shows that an Exception to the Commissioner's Report for the Estate of Jean M.
O'Connell, fiduciary # 49160, has been on file since June 16, 1994:
... OCONNELL, JEAN M EXCEPTION TO COMM REPORT .... 06/16/94 .. F049160 ..
If this is recognized it means that the Estate of Jean M. O'Connell is not closed.
To the Honorable Judges of the Fairfax County Circuit Court, I beg you to cause a jury to be empaneled to resolve these issues. I ask for a full and complete disclosure of the accountings for the estate of Jean M. O'Connell (which the law says I am entitled to) so I can try to untangle that accounting from the accounting of the Trust u/w of H. A. O'Connell and sell our remaining real estate. I beg the Judges of the Said Court to allow me to do that. The future of the real estate recorded in B8845 p1444 and B8037 p1446 depends on it.
Respectfully submitted this 23rd day of August 2000.
Anthony M. O'Connell, Trustee u/w of H. A. O'Connell
216 Governors Lane Apt 12
Harrisonburg, Virginia 22801
(540) 433-3895
Enclosures, copies of:
(1) Page from the Court's "INDEX TO WILLS & FIDUCIARES: showing that an Exception to the Commissioner's Report for the Estate of Jean M. O'Connell, fiduciary # 49160, has been on file since June 16,1994
(2) Trust's Twelfth Court Account dated August 9, 1999
(3) Checks accepted for Twelfth Court Account
(4) Commissioner Wilson's letter of August 8,2000, Re: Estate of Jean M. O'Connell
(5) Commissioner Wilson's letter of August 8,2000, Re: Trust u/w of H. A. O'Connell, and enclosed Commissioner's Report dated August 8,2000
(6) Letter of August 9, 2000, from the office of Chief Judge A. Bruce Bach"

 

 

False
Report to Judges
Why did the Commisioner not show the Judges my actual 12th account?
Instead of his version of my 12th account?

Report
August 8, 2000 - The Commissioner of Accounts Report does not mention his previous approval of the 1,475 - 816 = 659 hook and closes the Trustee's account against the Trustee's will.
"To the Honorable Judges of Said Court:
RE: Estate of Harold A. OConnell, Trust
Fiduciary No. 21840
1. By a Tenth Account duly filed herein and approved by the undersigned on August 25, 1995, the trustee herein, Anthony M. O'Connell, properly accounted for all of the remaining assets reported as being assets of the trust created by the will of Harold OConnell and reported a zero balance on hand. A copy of said account is filed herewith as Exhibit 1.
2. By an Eleventh Account, Anthony M. OConnell, trustee, again reported zero assets on hand and no receipts or disbursements. A copy of said account is filed herewith as Exhibit 2.
3. Both the Tenth and Eleventh accounts carried the notation "This is not a final account".
4. In the ordinary case, an account which shows the distribution of all remaining assets is filed as a Final Account, and its approval terminates the fiduciary's responsibility to the Court and permits the Commissioner of Accounts to close the file.
5. The said trustee has also filed a Twelfth Account in which he reports as an asset $659.97 "due from the Estate of Jean M. OConnell".  A copy of that "account" is enclosed herewith as Exhibit 3.
6. The Estate of Jean M. OConnell, deceased, Fiduciary No. 49160, was closed in the Commissioner of Accounts office after approval of a Final Account on May 31, 1994.
7. The said $659.97 was the subject of correspondence between the said trustee and Edward J. White, attorney and co-executor of the estate of Jean M. OConnell, copies of which are attached hereto as Exhibits 4 and 5. In his letter,
Exhibit 5, the trustee explains that the $659.97 is part of a net income payment of $1,475.97 which the trust owed the estate of Jean M. OConnell. In that same letter, the trustee states that "At this point in time, I believe Mr. Balderson and I are of one mind that the estate does not owe the trust and the trust does not owe the estate".
Mr. Balderson was a CPA for the estate. Both of these letters were provided to the Commissioner of Accounts by the trustee in support of his "Twelfth Account".
8. The trustee also provided the Commissioner with a copy of a page from a "Jean M. OConnell estate tax analysis" which shows $659.97 under "Assets" of that estate as "Debt from Harold OConnell Trust".  A copy of that page is attached as Exhibits 6.
From a review of this information the Commissioner finds that there is no evidence to support an assertion by the trustee that the $659.97 is an asset of the trust. To the contrary, it appears that either it is not a debt at all, or, from the estate's point of view, it was money owed by the trust to the estate, i.e. an asset of the estate of Jean M. OConnell. That estate has been closed for more that six years.
Accordingly, the foregoing Eleventh Account of Anthony M. OConnell, Trustee has been marked a "Final Account" by the undersigned and is hereby approved as a Final Account in the trust under the will of Harold A. OConnell and is filed herewith.
In the event that the trustee is successful in recovering $659.97 or any other funds which are proper trust assets to be accounted for, such may be reported to the Commissioner of Accounts by an Amended Inventory and, thereafter, accounted for by proper accounts.

GIVEN under my hand this 8th day of August, 2000.
Respectfully submitted,
Jesse B. Wilson, III
Commissioner of Accounts
Fairfax County, Virginia
JBW:jcs
Enc.: Exhibits, 1 - 6
cc: Anthony M. OConnell, Trustee"

 

 

 

 

Evidence disappeared


Seventeen of my eighteen responses to the Complaint disappeared after being received by the Court on September 25, 2012, at 10:44 am. See number 1:

 1   www.chiefjudgesmith.com/evidence/1-545820-23p.pdf
 2   www.chiefjudgesmith.com/evidence/2-bk467p191-8p.pdf
 3   www.chiefjudgesmith.com/evidence/3-blueprint4p.pdf
 4   www.chiefjudgesmith.com/evidence/4-canweconnectthedots2p.pdf
 5   www.chiefjudgesmith.com/evidence/5-codeofconduct18p.pdf
 6   www.chiefjudgesmith.com/evidence/6-commitments-Individually8p.pdf
 7   www.chiefjudgesmith.com/evidence/7-compute-tax-test35p.pdf
 8   www.chiefjudgesmith.com/evidence/8-exceptions1994disappeared.pdf
 9   www.chiefjudgesmith.com/evidence/9-exceptions2000disappeared.pdf
10  www.chiefjudgesmith.com/evidence/10-overview72p.pdf                          (Includes complete Deed)
11  www.chiefjudgesmith.com/evidence/11-percentages12p.pdf            
12  www.chiefjudgesmith.com/evidence/12-precedence17p.pdf
13  www.chiefjudgesmith.com/evidence/13-tax-records94p.pdf
14  www.chiefjudgesmith.com/evidence/14-trust-deed-invisible175p.pdf       (Includes complete Deed)
15  www.chiefjudgesmith.com/evidence/15-trust-documents42p.pdf              (Includes complete Deed)
16  www.chiefjudgesmith.com/evidence/16-unknown14p.pdf                         (Includes first 3 pages of Deed)
17  www.chiefjudgesmith.com/evidence/17-usingIRS15p.p
      www.chiefjudgesmith.com/evidence/all-18responses714p.pdf                  (Includes multile copies of Deed)    

Complaint - www.chiefjudgesmith.com/evidence/complaint60p.pdf
My responses - www.chiefjudgesmith.com/evidence/all18responses714p.pdf
My email verifying 18 responses - www.chiefjudgesmith.com/evidence/email-verifying18responses3p.pdf
Order - www.chiefjudgesmith.com/evidence/order5p.pdf

 

Those who don't want the accounting expose want me out because I have experience in accounting and try to expose theirs. They want our sister Jean Nader in because they can use her to unwittingly carry out their agenda.

 

 

 

 

 

 

 

 

Insert links.to 17

 

 

INSERT COMPLAINT ITEMS 28-31 (quotes)

?Go into the 11th account? INSERT LINKS TO 11th

12th actual

Link

Believe it or not, the only protection the public has is for every member of the family learn to recognize the fraud patterns before it's too late. There is nothing you can do to stop them if one member of your family trusts them. They are ruthless. They are above the law.

If a just power doesn't stop them from using our innocent sister (Last known address: Jean O'Connell Nader, 444 Summit Street, New Kensington, Pennsylvania, 15068 Telephone 724 337-7537) to unwittingly carryout their agenda, they will continue to use her until it kills me.

The most difficult barrier for me in recognizing the patterns is to overcome my "Oh-no-they-wouldn't-do-that-much-less-get-away-with-it mindset. They will do that and they will get away with it. What couldn't a Chief Judge frame me with when he can frame me with this Complaint and Order? When my exposing the accounting hook 1,475 -816 = 659 is spun to justify removing me as Trusttee? Is there is a son or daughter of Virginia who will stand up for the rule of law against these powers?

I have been setup and character assassinated for thirty-one years. Their accountings remain concealed. I've lost most everything. After thirty-one years I believe it is fair to say the government will continue to protect the fraudsters instead of the public. The remaining hope is the media. The only reason I can think of for the media to not tell the public is the same reason the media hesitated to print the pentagon papers; that they would be sued for libel. I pray the press would not self censor. The institutional sordidness reminds me of the Dreyfus Affair. I believe Emile Zola's newspaper article "J'accuse" (I accuse) defending Alfred Dreyfus made him an enemy of the State.



https://en.wikipedia.org/wiki/Dreyfus_affair


https://en.wikipedia.org/wiki/J%27accuse%E2%80%A6!
Whistle blower

JMO/JON    AMO

The walls of secrecy are impenetrable.
JMO - Jean Miner O'Connell, Mother
JON - Jean O'Connell Nader, daughter
AMO - Anthony Miner O'Connell, son

Hooks

1,475 - 816 = 659
Learn to recogize hooks

The pattern the fraudsters most don't want recognized is their planting of hooks. Who ever controls the hooks (the accountants) controls the people and assets that are hooked or entangled. Hooks render the family powerless.

Your trust is a hook. Withholding what you need is a hook. Withholding the final account for our Dad's estate is a hook. Ignoring my Deed as Trustee and never saying why is a hook. It blocked me from selling the Trust property and forced me to pay the real estate taxes until I ran out of money. My two Exceptions to the Commissioner's Reports disappearing after being received by the Court is a hook. Seventeen of my eighteen responses to the Complaint used to remove me as Trustee disappearing after being received by the Court is a hook.

It is uncanny how well the simple 1,475 - 816 = 659 hook illustrates the dynamics. One indicator of it's significance is the degree those in control go to make it appear insignificant. Small numbers are used to make it appear unworthy of attention. As if the issue were the amount. The issue is not the amount. The issue is that they entangle.



Debt fm Harold O'Connell Trust ........ 659.97

 

The 1,475-816=659 hook

The only why to recognize accounting fraud is to expose the accounting trails. It is necessary to differentiate between what people say and what the accounting trails say. Such as "Debt fm Harold O'Connell Trust ..... 659.97" and:

"Int fm Harold O'Connell Trust  ......................................... 816.00" (Estate accounting at bk467p192)
"Debt fm Harold O’Connell Trust ...................................... 659.97" (Estate accounting at bk467p192)
"Payable to the Estate of Jean M. O'Connell ... ... .... ... $ 1,475.97" (Trust accounting at bk480p1768)
(Commissioner of Accounts Jesse B. Wilson, III, approved these accounting trails. And then closed my Trust account against my intent after I recognized the accounting trail.


&&&&&&&&&&&&&&&&&&&&&&&&&&&&& Start True or False &&&&&&&&&&&&&&&&&&

 

True or false?

True

1999.08.09 Anthony O'Connell to Jesse Wilson and Henry Mackall
(The Trust's Twelfth Court Account, covering the period from 1996.1.1 to 1996.12.31)
"A check for $63.00 is enclosed to file this Twelfth Account. This is not a Final Account.
The accounting for the Trust u/w of H. A. O'Connell was entangled with the accounting of the Estate of Jean M. O'Connell, fiduciary # 49160, by the CPA (firm) I hired and by the lawyer who is co-executor for the Estate:
Ms. Jo Anne Barnes, CPA (firm).
Bruner, Kane & McCarthy, Limited
700 North Fairfax
Alexandria, Virginia 22313
Mr. Edward White, Attorney and Co-Executor
P.0. Box 207
Kinsale, Virginia 22488 (Last known address)
Those who control the entanglements control the people and assets that are entangled. I have experienced the CPA-lawyer entanglements before and know it would be foolhardy to try to sell Accotink (my family's remaining real estate, B8845 p1444 and B8307 p1446) until all the entanglements are removed and the accountings are clear.
To keep this Twelth Account simple and clear I will only address one of the known entanglements. In short, the CPA (firm) did the Trust's Seventh Court Account in a manner that required me to pay the Estate $ 1,475.97. The lawyer discovers that this is $659.97 too much. I can't get the CPA (firm) or the lawyer to address this $659.97 debt much less pay it back. This one is easy to see because it is clearly stated in the beginning of the Estate accounting as a Debt from the Harold O'Connell Trust 659.97. If you review the attached pages 1 through 17 that are part of this Twelfth Account you may notice that:

  • The lawyer unilateraly hires the CPA into the Estate (page 1).
  • The lawyer will seek my sister's approval to sue me if I don't file the Trust's Seventh Court Account early (page 1). The combined advice of the CPA(firm) and the lawyer force me to file it approximately eighteen months earlier than the Commissioner's scheduled date of October 20, 1993, because I cannnot convince my sister, Jean Nader, that their combined advice is wrong (pages 5,6 and 7). This places the filing of the Trust Account before the filing of the Estate Tax Return that is due on June 15, 1992. This makes it easier to entangle the Trust accounting with the Estate Tax Return accounting and make it appear to my family that the estate was damaged by my management of the Trust.
  • The lawyer's letter of April 22, 1992 lists a Debt from the Harold O'Connell Trust   659.97 (page 3) even though I do not sign or submit the Trust's Seventh Court Account that created the $659.97 debt until May 11, 1992 (page 8). The lawyer's letter of May 19, 1992 makes it appear that he doesn’t know what this $659.97 is about and that it is my fault (pages 9 and 10).
  • This $659.97 debt is reported to the IRS (page 16 ). But when I ask the lawyer and CPA (firm) about this $659.97 debt they avoid it (page 15), don't know what I'm talking about (text box on page 16), or don't respond (page 17).

Do any of you have the power to compel the CPA (firm) and the lawyer to:
1. Explain why they created this $659.97 debt.
2. Explain why I am made to appear responsible for it.
3. Show exactly where this $ 659.97 debt is now.
4. Pay the $ 659.97 back from the estate to the trust.
5.  Do it without inflicting anymore cost and conflict on any member of my family.
I want to keep this simple but you have to understand that the CPA (firm) and the lawyer avoid accountability by using a trusting family member, with no accounting background, such as my sister, Jean Nader, co-executor, to cover for them. Please note the advice that the lawyer expects Jean Nader to rely upon in his letter of April 22, 1992. Jean Nader is innocent and is being used.  She does not understand that she is being used. She is not responsible for what the CPA (firm) and the lawyer did. She did not do the accounting. I did not do the accounting. The CPA (firm) and lawyer did the accounting. They will use Jean Nader again and again and again. She has been led to believe that keeping estate accountings a secrect is being loyal to our mother (which makes me appear disloyal). You have to go around Jean Nader to compel the CPA (firm) and the lawyer to be accountable. Please; positively, absolutely, completely, and without exception, do not allow the CPA (firm) and the lawyer to inflict anymore cost and conflict on any member of my family. If you don't have the power to compel the the CPA (firm) and the lawyer to expose and remove the entanglements they created, please understand how I can't.
I would appreciate any effort you might make. Thank you

 

The 12th and 13th interim trust accounts had been declared delinquent. Delinquency fees and recording fees for the 12th court account were paid and accepted.



I filed an Exception to the Commissioner's Report of August 8, 2000. My Exceptions disappeared after being received by the Court on August 23, 2000:

 

Seventeen of my eighteen responses to the Complaint against me disappeared after being received by the Court on September 25, 2012, at 10:44 am:

 1   www.chiefjudgesmith.com/evidence/1-545820-23p.pdf
 2   www.chiefjudgesmith.com/evidence/2-bk467p191-8p.pdf
 3   www.chiefjudgesmith.com/evidence/3-blueprint4p.pdf
 4   www.chiefjudgesmith.com/evidence/4-canweconnectthedots2p.pdf
 5   www.chiefjudgesmith.com/evidence/5-codeofconduct18p.pdf
 6   www.chiefjudgesmith.com/evidence/6-commitments-Individually8p.pdf
 7   www.chiefjudgesmith.com/evidence/7-compute-tax-test35p.pdf
 8   www.chiefjudgesmith.com/evidence/8-exceptions1994disappeared.pdf
 9   www.chiefjudgesmith.com/evidence/9-exceptions2000disappeared.pdf
10  www.chiefjudgesmith.com/evidence/10-overview72p.pdf                          (Includes complete Deed)
11  www.chiefjudgesmith.com/evidence/11-percentages12p.pdf            
12  www.chiefjudgesmith.com/evidence/12-precedence17p.pdf
13  www.chiefjudgesmith.com/evidence/13-tax-records94p.pdf
14  www.chiefjudgesmith.com/evidence/14-trust-deed-invisible175p.pdf       (Includes complete Deed)
15  www.chiefjudgesmith.com/evidence/15-trust-documents42p.pdf              (Includes complete Deed)
16  www.chiefjudgesmith.com/evidence/16-unknown14p.pdf                         (Includes first 3 pages of Deed)
17  www.chiefjudgesmith.com/evidence/17-usingIRS15p.p
      www.chiefjudgesmith.com/evidence/all-18responses714p.pdf                  (Includes multile copies of Deed)    

Complaint - www.chiefjudgesmith.com/evidence/complaint60p.pdf
My responses - www.chiefjudgesmith.com/evidence/all18responses714p.pdf
My email verifying 18 responses - www.chiefjudgesmith.com/evidence/email-verifying18responses3p.pdf
Order - www.chiefjudgesmith.com/evidence/order5p.pdf

 

 

False

Report
August 8, 2000 - The Commissioner of Accounts Report does not mention his previous approval of the 1,475 - 816 = 659 hook and closes the Trustee's account against the Trustee's will.
"To the Honorable Judges of Said Court:
RE: Estate of Harold A. OConnell, Trust
Fiduciary No. 21840
1. By a Tenth Account duly filed herein and approved by the undersigned on August 25, 1995, the trustee herein, Anthony M. O'Connell, properly accounted for all of the remaining assets reported as being assets of the trust created by the will of Harold OConnell and reported a zero balance on hand. A copy of said account is filed herewith as Exhibit 1.
2. By an Eleventh Account, Anthony M. OConnell, trustee, again reported zero assets on hand and no receipts or disbursements. A copy of said account is filed herewith as Exhibit 2.
3. Both the Tenth and Eleventh accounts carried the notation "This is not a final account".
4. In the ordinary case, an account which shows the distribution of all remaining assets is filed as a Final Account, and its approval terminates the fiduciary's responsibility to the Court and permits the Commissioner of Accounts to close the file.
5. The said trustee has also filed a Twelfth Account in which he reports as an asset $659.97 "due from the Estate of Jean M. OConnell".  A copy of that "account" is enclosed herewith as Exhibit 3.
6. The Estate of Jean M. OConnell, deceased, Fiduciary No. 49160, was closed in the Commissioner of Accounts office after approval of a Final Account on May 31, 1994.
7. The said $659.97 was the subject of correspondence between the said trustee and Edward J. White, attorney and co-executor of the estate of Jean M. OConnell, copies of which are attached hereto as Exhibits 4 and 5. In his letter,
Exhibit 5, the trustee explains that the $659.97 is part of a net income payment of $1,475.97 which the trust owed the estate of Jean M. OConnell. In that same letter, the trustee states that "At this point in time, I believe Mr. Balderson and I are of one mind that the estate does not owe the trust and the trust does not owe the estate".
Mr. Balderson was a CPA for the estate. Both of these letters were provided to the Commissioner of Accounts by the trustee in support of his "Twelfth Account".
8. The trustee also provided the Commissioner with a copy of a page from a "Jean M. OConnell estate tax analysis" which shows $659.97 under "Assets" of that estate as "Debt from Harold OConnell Trust".  A copy of that page is attached as Exhibits 6.
From a review of this information the Commissioner finds that there is no evidence to support an assertion by the trustee that the $659.97 is an asset of the trust. To the contrary, it appears that either it is not a debt at all, or, from the estate's point of view, it was money owed by the trust to the estate, i.e. an asset of the estate of Jean M. OConnell. That estate has been closed for more that six years.
Accordingly, the foregoing Eleventh Account of Anthony M. OConnell, Trustee has been marked a "Final Account" by the undersigned and is hereby approved as a Final Account in the trust under the will of Harold A. OConnell and is filed herewith.
In the event that the trustee is successful in recovering $659.97 or any other funds which are proper trust assets to be accounted for, such may be reported to the Commissioner of Accounts by an Amended Inventory and, thereafter, accounted for by proper accounts.

GIVEN under my hand this 8th day of August, 2000.
Respectfully submitted,
Jesse B. Wilson, III
Commissioner of Accounts
Fairfax County, Virginia
JBW:jcs
Enc.: Exhibits, 1 - 6
cc: Anthony M. OConnell, Trustee"




Complaint (See items 29-33)
COMES NOW the Plaintiff, Jean Mary O'Connell Nader, by counsel, and brings this action pursuant to § 26-48 and 55-547.06 of the Code of Virginia (1950, as amended) for the removal and appointment of a trustee, and in support thereof states the following.
Parties and Jurisdiction
1. Plaintiff Jean Mary O’Connell Nader ("Jean") and *Defendants Anthony Miner O’Connell ("Anthony") and Sheila Ann O'Connell ("Sheila") are the children of Harold A. O’Connell ("Mr. O’Connell"), who died in 1975, and Jean M. O'Connell ("Mrs. O'Connell"), who died on September 15, 1991.
2. The trusts that are the subject of this action are: (a) the trust created under the Last Will and Testament of Harold A. O'Connell dated April 11, 1974, and admitted to probate in this Court on June 18, 1975; and (b) a Land Trust Agreement dated October 16, 1992, which was recorded among the land records of this Court in Deed Book 8845 at Page 1449.
3. Jean, Sheila, and Anthony are the beneficiaries of both of the trusts and, therefore, are the parties interested in this proceeding.
Facts
4. During their lifetimes, Mr. and Mrs. O'Connell owned as *tenants in common a parcel of unimproved real estate identified by Tax Map No. 0904-0 1-00 17 and located near the Franconia area of Fairfax County, Virginia and consisting of approximately 15 acres (the "Property").
5. After his death in 1975, a 46.0994% interest in the Property deriving fiom Mr, O'Connell's original 50% share was transferred to a trust created under his Last Will and Testament (the "Harold Trust"), of which Anthony serves as trustee. A copy of the Last Will and Testament of Harold A. O'Connell is attached hereto as Exhibit A.
6. Mrs. O'Connell held a life interest in the Harold Trust and, upon her death in 1991, the trust assets were to be distributed in equal shares to Jean, Sheila, and Anthony as remainder beneficiaries. Although other assets of the Harold Trust were distributed to the remainder beneficiaries, the trust's 46.0994% interest in the Property has never been distributed to Jean, Sheila, and Anthony in accordance with the terms of the Harold Trust.
7. After Mrs. O'Connell's death, her 53.9006% interest in the Property passed to Jean, Sheila, and Anthony in equal shares, pursuant to the terms of her Last Will and Testament and Codicil thereto, which was admitted to probate in this Court on December 10, 1991.
8. Thus, after Mrs. O'Connell's death, Jean, Sheila, and Anthony each owned a 17.96687% interest in the Property, and the Harold Trust continued to own a 49.0994% interest in the Property.
9. By a Land Trust Agreement dated October 16, 1992, Jean, Sheila, and Anthony, individually and in his capacity as trustee of the Harold Trust, created a Land Trust (the "Land Trust"), naming Anthony as initial trustee. A copy of the Land Trust Agreement is attached hereto as Exhibit B and incorporated by reference herein. The Harold Trust, Jean, Sheila, and Anthony (individually) are the beneficiaries of the Land Trust.
10. The Property was thereafter conveyed by Jean, Sheila, and Anthony, individually and as trustee of the Harold Trust, to Anthony, as trustee of the Land Trust, by a Deed dated October 16,1992 and recorded on October 23,1992 in Deed Book 8307 at Page 1446 among the land records for Fairfax County.
11. As trustee under the Land Trust, Anthony was granted broad powers and responsibilities in connection with the Property, including the authority and obligation to sell the Property. Paragraph 4.04 of the Land Trust Agreement states, in part, as follows:
If the Property or any part thereof remains in this trust at the expiration of twenty (20) years from date hereof, the Trustee shall promptly sell the Property at a public sale after a reasonable public advertisement and reasonable notice thereof to the Beneficiaries.
12. To date, the Property has not been sold, and the Land Trust is due to expire on October 16,2012.
13. According to Paragraph 9.03 of the Land Trust Agreement, the responsibility for payment of all real estate taxes on the Property is to be shared proportionately by the beneficiaries. However, if a beneficiary does not pay his or her share, the Land Trust Agreement provides: The Trustee will pay the shortfall and shall be reimbursed the principal plus 10% interest per annum. Trustee shall be reimbursed for any outstanding real estate tax shares or other Beneficiary shared expense still owed by any Beneficiary at settlement on the eventual sale of the property.
14. For many years, Jean sent payment to Anthony for her share of the real estate
taxes on the Property. Beginning in or about 1999, Anthony refused to accept her checks because they were made payable to "County of Fairfax." Anthony insisted that any checks for the real estat'k taxes be made payable to him individually, and he has returned or refused to forward Jean's checks to Fairfax County. Under the circumstances, Jean is unwilling to comply with Anthony's demands regarding the tax payments.
15. Anthony is not willing or has determined he is unable to sell the Property due to a mistaken interpretation of events and transactions concerning the Property and, upon information and belief, the administration of his mother's estate. Anthony's position remains intractable, despite court rulings against him, professional advice, and independent evidence. As a result, Anthony is unable to effectively deal with third parties and the other beneficiaries of the Land Trust.
16. In 2007, Anthony received a reasonable offer from a potential buyer to purchase the Property. Upon information and belief, Anthony became convinced of a title defect with the Property that, in his opinion, was an impediment to the sale of the Property. A title commitment issued by Stewart Title and Escrow on April 24,2007, attached hereto as Exhibit C, did not persuade Anthony that he, as the trustee of the Land Trust, had the power to convey the Property. Because of this and other difficulties created by Anthony, the Property was not sold.
17. Since 2007, it appears the only effort put forth by Anthony to sell the Property has been to post it for sale on a website he created, http://www.alexandriavirginial5acres.com
18. Since 2009, Anthony has failed to pay the real estate taxes for the Property as required by the Lhd Trust Agreement. Currently, the amount of real estate tax owed, including interest and penalties, is approximately $27,738.00.
19. Anthony has stated that he purposely did not pay the real estate taxes in order to force a sale of the Property and clear up the alleged title defects.
20. Since the real estate taxes are more than two years delinquent, Anthony's failure to pay may result in a tax sale of the Property. Anthony was notified of this possibility by a notice dated October 26, 201 1, attached hereto as Exhibit D. In addition to the threatened tax sale, the Land Trust is incurring additional costs, including penalties, interest, and fees, that would not be owed if Anthony had paid the real estate taxes in a timely manner.
21. In May 20 12, Jean, through her counsel, wrote a letter to Anthony requesting that he cooperate with a plan to sell the Property or resign as trustee. To date, Anthony has not expressed a willingness to do either, and still maintains that the alleged title defect and other "entanglements" must be resolved before any action can be taken towards a sale of the Property.
Count I: Removal of Anthony O'Connell as Trustee of Land Trust
22: The allegations of paragraphs 1 through 21 are incorporated by reference as if fully stated herein.
23. As trustee of the Land Trust, Anthony has a fiduciary duty to comply with the terms of the trust agreement, to preserve and protect the trust assets, and to exercise reasonable care, skill, and caution in the administration of the trust assets.
24. Anthony has breached his fiduciary duties by his unreasonable, misguided, and imprudent actions, including but not limited to, his failure to sell the Property and non-payment of the real estate taxes on the Property.
25. The breaches of duty by Anthony constitute good cause for his removal as trustee of the Land Trust.
WHEREFORE, Plaintiff Jean Mary O'Connell Nader prays for the following relief:
A. That the Court remove Anthony Minor O'Connell as trustee under the Land Trust Agreement dated October 16, 1992, pursuant to 26-48 of the Code of Virginia (1950, as amended);
B. That all fees payable to Anthony Minor O'Connell under the terms of the aforesaid Land Trust Agreement, including but not limited to, the trustee's compensation under paragraph 9.01, and all interest on advancements by the trustee to the trust for payment of real estate taxes pursuant to paragraph 9.03, be disallowed and deemed forfeited;
C. That all costs incurred by Plaintiff Jean Mary O'Connell Nader in this action, including reasonable attorneys' fees, be paid by the Land Trust; and
D. For all such further relief as this Court deems reasonable and proper.
Count 11: Removal of Anthony O'Connell as Trustee of the Trust under the Will of Harold A. O'Connell
26. The allegations of paragraphs 1 through 25 are incorporated by reference as if fully stated herein.
27. The terms of the Harold Trust provide that, upon the death of Mrs. O'Connell, the assets are to be distributed to Jean, Sheila, and Anthony in equal shares. Notwithstanding the terms of the Harold Trust and the provisions for its termination, Anthony entered into the Land Trust Agreement in his capacity as trustee of the Harold Trust. As a result, upon the sale of the Property, Anthony can exercise greater control over the Harold Trust's share of the sale proceeds than if the parties held their beneficial interests in their individual capacities.
28, Other than its status as beneficiary of the Land Trust, there is no reason for the continuation of the Harold Trust.
29. On August 8, 2000, an Eleventh Account for the Harold Trust was approved by the Commissioner of Accounts for the Circuit Court of Fairfax County and determined to be a final account.
30. Anthony repeatedly and unsuccessfully challenged the Commissioner's determination and requested, inter alia, that the Court and the Commissioner of Accounts investigate a debt of $659.97 that he alleged was owed to the Harold Trust by Mrs. O'Connell's estate. In these proceedings, the Commissioner stated, and the court agreed, that there was no evidence to support Anthony's claims that a debt existed and, if so, that it was an asset of the Harold Trust.
31. Anthony's repeated and unsuccessful challenges to the rulings of the Commissioner of Accounts and the Circuit Court in connection with the Eleventh Account, and his persistence in pursuing his unfounded claims to the present day, demonstrate that he is unable to administer the Harold Trust effectively and reliably.
32. It is in the best interests of the beneficiaries of the Harold Trust that, upon the sale of the Property, the net sale proceeds be distributed in an orderly and expedient manner. Based on Anthony's actions, he is not the proper individual to fulfill the trustee's duties in administering the Harold Trust.
33. The removal of Anthony as trustee best serves the interests of the beneficiaries of the Harold Trust.

WHEREFORE, Plaintiff Jean Mary O'Connell Nader prays for the following relief:
A. That the Court remove Anthony Minor O'Connell as trustee under the Last Will and Testament of Harold A. O'Connell, pursuant to § 55-547.06 of the Code of Virginia (1 950, as amended);
B. That all costs incurred by Plaintiff Jean Mary O'Comell Nader in this action including reasonable attorneys' fees, be awarded to her in accordance with § 55- 550.04 of the Code of Virginia (1950, as amended); and
C. For all such further relief as this Court deems reasonable and proper.
Count 111: Appointment of Successor Trustee
34. The allegations of paragraphs 1 through 33 are incorporated by reference as if fully stated herein.
35. Jean is a proper person to serve as trustee of the Land Trust in order to sell the Property on behalf of the beneficiaries of the Land Trust, and she is willing and able to serve in such capacity.
36. The best interests of the beneficiaries would be served if the Land Trust is continued for a sufficient period of time to allow the successor trustee to sell the Property, rather than allowing the Land Trust to terminate on the date specified in the Land Trust Agreement. Each of the individual beneficiaries of the Land Trust is age 70 or above, and it would be prudent to sell the Property during their lifetimes, if possible, rather than leaving the matter for the next generation to resolve.
37. Jean is a proper person to serve as trustee of the trust created under the Last Will and Testament of Harold A. O'Connell, and she is willing and able to serve in such capacity.
WHEREFORE, Plaintiff Jean Mary O'Connell Nader prays for the following relief:
A. That Plaintiff Jean Mary O'Connell Nader be appointed as successor trustee under the aforesaid Land Trust Agreement, with the direction to sell the Property upon such terms and conditions as this Court deems reasonable and appropriate, including, but not limited to, fixing a reasonable amount as compensation of the successor trustee for her services;
B. That the term of the Land Trust be continued for a reasonable time in order to allow for the sale of the Property;
C. That Plaintiff Jean Mary O'Connell Nader be appointed as successor trustee under the Last Will and Testament of Harold A. O'Connell for all purposes, including distribution of the net proceeds of the sale of the Property that are payable to such trust;
D. That all costs incurred by Plaintiff Jean Mary O'Connell Nader in this action, including reasonable attorneys' fees, be paid by the Land Trust; and E. For all such further relief as this Court deems reasonable and proper.


 

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Seventeen of my eighteen responses to the Complaint dissappeared
after being received by the Court on September 25, 2012 at 10:44am

Order
Signed by Chief Judge Smith on January 25, 2013
www.chiefjudgesmith.com/evidence/order5p.pdf

VIRGINIA:
IN THE CIRCUIT COURT OF FAIRFAX COUNTY
JEAN MARY O'CONNELL NADER, Plantiff
v
ANTHONY MINER O'CONNELL,
Individually and in his capacity as
Trustee under a Land Trust Agreement
Dated October 16, 1992 and as
Trustee under the Last Will and
Testament of Harold A. O'Connell, et al.
Defendants.
Case No. 2012-13064
ORDER
THIS CAUSE eame on to be heard upon the motion of the Plaintiff, Jean Mary
O'Connell Nader, by counsel, for summary judgment pursuant to Va. Sup. Ct. Rule 3:20; upon
the reply to the motion filed by Sheila Ann O'Connell, pro se; and upon the argument of counsel;
and
IT APPEARING TO THE COURT as follows:
1.The material facts set forth in the Complaint filed by Plaintiff in this action are
deemed to be admitted by Defendant Anthony M. O'Connell pursuant to Va. Sup. Ct. Rule
1:4(e);- based on the failure of Defendant Anthony M. O'Connell to deny such facts in the
responsive pleading filed by him, entitled "Response to Summons Served on September 8,
2012.
"
2. In her Answer to the Complaint and Reply to Motion for Summary Judgment, the
remaining party-in~interest, Defendant Sheila Aim O'Connell, agrees with the facts set forth in
the Complaint and the relief requested by Plaintiff.
3. Because there are no material facts in dispute in this action and the facts alleged
in the Complaint support the relief requested therein, summary judgment pursuant to Va. Sup.
Ct. Rule. 3:20 on all counts alleged in Plaintiff's Complaint is appropriate.
IT IS THEREFORE ORDERED:
A. That judgment in favor of Plaintiff Jean Mary O'Connell Nader as to Count I of
the Complaint be, and hereby is, granted; that Anthony Miner O'Connell is hereby removed as
trustee under the Land Trust Agreement dated October 16, 1992, pursuant to Va. Code § 64.21405
(formerly Va. Code § 26-48), effective immediately; and that all fees payable to Anthony
Minor O'Connell under the terms of the Land Trust Agreement, including but not limited to, the
trustee's compensation under paragraph 9~01, and ll interest on advancements by the trustee to .
the trust for payment of real estate taxes pursuant to paragraph 9.03; are hereby disallowed and
deemed forfeited;
B. That judgment in favor of Plaintiff Jean Mary O'Connell Nader as to Count II of
the Complaint be, and hereby is, granted; that Anthony Minor O'Connell is hereby removed as
trustee of the trust created under the Last Will and Testament of Harold A. O'Connell, pursuant
to Va. Code § 64.2-759 (formerly Va. Code § 55-547.06), effective immediately;
C. That judgment in favor of PlaiIitiff as to Count III ofthe Complaint be, and
hereby is, granted; that Plaintiff Jean Mary O'Connell Nader is hereby appointed as successor
trustee under the Land Trust Agreement and as trustee of he trust under the Last Will and
Testament of Harold A. O'Connell; that the term of the Land Trust Agreement is hereby
continued until further Order of this Court or until the real property held under the Land Trust is
sold and final distribution of the net proceeds is made to the trust's beneficiaries, whichever
occurs first; and that Plaintiff, as successor trustee Under the Land Trust Agreement, shall
proceed forthwith to sell the real property held by such trust as soon as reasonably practicable
upon such terms and conditions as she deems appropriate and consistent with her fiduciary
duties; and
D. That Plaintiff is hereby awarded her reasonable attorney's fees and costs in this
action in the amount of $ l7,504.12, to be paid from the Land Trust at such time as funds
become available.,
ENTERED this 25th day of January, 2013.
(Seal) (Editor's note: I am guessing that this is the signature of Chief Judge Dennis J. Smith but I am not sure).
Judge
I ASK FOR THIS:
BLANKINGSHIP & KEITH, P. C.·
4020 University Drive .
Suite 300
Fairfax, VA 22030
703~691-1235
FAX: 703-691-3913
By:
Elizabeth Chichester Morrogh, VSB No. 25112
BVMorrogh@bklawva.com
Jennifer L. McCammon, VSB No. 77034
JMcCammon@bklawva.com
Counsel for Plaintiff

Seventeen of my eighteen responses to the Complaint dissappeared
after being received by the Court on September 25, 2012 at 10:44am

Please look at my "Response to Summons Served on September 8, 2012." It included a complete copy of my Deed as Trustee. Ignoring my Deed as Trustee blocked me from selling the Trust property and forced me to pay the real estate taxes until I ran out of money. No one recognizes this. No one. www.chiefjudgesmith.com/evidence/overview62p.pdf

Please look at my seventeen responses that disappeared after being received by the Court on 9/25/2012 at 10:44 am.

 1   www.chiefjudgesmith.com/evidence/1-545820-23p.pdf
 2   www.chiefjudgesmith.com/evidence/2-bk467p191-8p.pdf
 3   www.chiefjudgesmith.com/evidence/3-blueprint4p.pdf
 4   www.chiefjudgesmith.com/evidence/4-canweconnectthedots2p.pdf
 5   www.chiefjudgesmith.com/evidence/5-codeofconduct18p.pdf
 6   www.chiefjudgesmith.com/evidence/6-commitments-Individually8p.pdf
 7   www.chiefjudgesmith.com/evidence/7-compute-tax-test35p.pdf
 8   www.chiefjudgesmith.com/evidence/8-exceptions1994disappeared.pdf
 9   www.chiefjudgesmith.com/evidence/9-exceptions2000disappeared.pdf
10  www.chiefjudgesmith.com/evidence/10-overview72p.pdf                          (Includes complete Deed)
11  www.chiefjudgesmith.com/evidence/11-percentages12p.pdf            
12  www.chiefjudgesmith.com/evidence/12-precedence17p.pdf
13  www.chiefjudgesmith.com/evidence/13-tax-records94p.pdf
14  www.chiefjudgesmith.com/evidence/14-trust-deed-invisible175p.pdf       (Includes complete Deed)
15  www.chiefjudgesmith.com/evidence/15-trust-documents42p.pdf              (Includes complete Deed)
16  www.chiefjudgesmith.com/evidence/16-unknown14p.pdf                         (Includes first 3 pages of Deed)
17  www.chiefjudgesmith.com/evidence/17-usingIRS15p.p
      www.chiefjudgesmith.com/evidence/all-18responses714p.pdf                  (Includes multile copies of Deed)
   

Complaint - www.chiefjudgesmith.com/evidence/complaint60p.pdf
My responses - www.chiefjudgesmith.com/evidence/all18responses714p.pdf
My email verifying 18 responses - www.chiefjudgesmith.com/evidence/email-verifying18responses3p.pdf
Order - www.chiefjudgesmith.com/evidence/order5p.pdf

Ignore all below (May21, 2018)

 



 

 

 

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The pattern the fraudsters most don't want recognized is their plantingt of hooks. Who ever controls the hooks controls the people and assets hooked. Hooks render the family powerless. See our other's "First thing" memo. They are invisible. In 25 years, not one person in the Court, in Fairfax County, or in Virginia, recognizes 1,475 - 816 = 659 (rounded from 1,475.97 - 816.00 = 659.97) or the accounting entry at bk467p192 "Debt fm Harold O'Connell Trust . . . 659.97". It entangles the Trust accounting with the estate accounting. Small numbers are used to make them appear unworthy of attention, as if the issue were the amount and not that they entangle. The issue is that they entangle.

It is uncanny how well this simple example shows the dynamics. It entangles the accounting for the Testamentary Trust with the accounting for our Mother's Estate. It even shows why those who don't want the accounting exposed replace me with my sister, Jean Nader. I experience in accounting and try to expose their accounting trails and see where the money went. They've made Jean Nader so fearful she will not.

One indicator of the significance of the 1,475 - 816 = 659 hook is the degree those in control go to to make it appear insignificant. Commissioner of Accounts Jesse Wilson III substituted my actual 12th Trust account with a fraudulent version in his Report to the Judges. The B&K law firm's Complaint removing me as Trustee says or implies that I should be removed as Trustee for trying to expose the accounting trail for the 659. www.659trail.com

They plant hooks (aka accounting entanglements, wedges, confusion and conflict, cover, obstacles,) in the accounting and make the family appear responsible for the consequences. Who ever controls the hooks controls the people and assets that are hooked. Hooks render the family powerless.

Brief timeline

May 19, 1992 - The lawyer frames me with the cpa-lawyer's 1,475 - 816 = 659 hook:
"The K-1 filed by the Trust showed a payment of $816.00 in interest to the estate. You sent a check in the amount of $1475.97 to the estate. What was the remaining $659.97? Do I have this confused with the tax debt/credit situation which ran from the Third Accounting?" 
(From Attorney Edward White's letter to Anthony O'Connell)

March 20, 1993 - Commissioner of Accounts Jesse B. Wilson, III, approves the cpa-lawyer's 1,475 - 816 = 659 hook at bk467p192:
"Debt fm Harold O'Connell Trust . . . 659.97"
(From the cpa-lawyer's accounting at bk467p192, approved by the Commissioner of Accounts Jesse B. Wilson III, on March 20, 1993)

May 26, 1999 - The 12th and 13th interim trust accounts had been declared delinquent. Delinquency fees and recording fees for the 12th court account had been paid and accepted.

Is this a coverup?

August 23, 2000: I filed an Exception to the Commissioner's Report of August 8, 200 that closed my Trust Account, fiduciary # 21840, against my will. My Exceptions disappeared after being received by the Court on August 23, 2000:

 

1985
1

(above) If Commissioner of Accounts Robert J. McClandish, Jr.. had not told our Mother and I that the testamentary trust described in our Father's Will had to be funded we would never have known. Our Father died in 1975 and his Will was probated in 1976. I believe our Mother's CPA Joanne Barnes, had been doing the accounting since 1976. I wonder how his Will could be probated without the Testamentary Trust being recognized and addressed. Was it for the same reasons that my 1992 Deed as Trustee is being ignored?  http://www.book8307page1446deed.com/deed-webs/deed-webs-home.html  

2

Hook homeplace
The CPA and lawyer withhold the final account for our Father's estate.


(above) SAVE    RE Est of HAOC    45,325.00
In answer to your letter of May 8, 1985 reguarding progress in establishing a trust required by the will with Anthony O'Connell as Trustee I would like to report that a co-trustee has agreeded to serve with him. Ms Jo Ann Barnes
Home address
7225 Pine Dr.
Annandale, VA 22003
354 - 0673
549-7800 -office
She will be working on this very soon with a lawyer.    I had hoped that the procedure of setting up the trust could be simplified by putting title to the resident estate (my home) in the names of my three children - the same as listed in the will to receive it to receive it.
There should be more definite progress soon and I will inform your office then
VTY
JMO'C Extrx
Sent 5/31/85
To Commissioner of Accounts
Sent 5/31/85

Hook homeplace and family

Our Mother's "I had hoped that the procedure of setting up the trust could be simplified by putting title to the resident estate (my home) in the names of my three children - the same as listed in the will to to receive it." is a huge hook. History suggests the CPA and lawyer advised her to do this. The lawyer's name is not mentioned. This suggests that she has been instructed to keep his name a secret. If I had known a lawyer was already onboard I would not have hired an attorney.

Mixing the Testamentary trust, our homeplace, and the three beneficiaries, would create a huge entanglement. Whoever controls the entanglements or hooks controls the people and assets that are entangled or hooked.

 

3

"Lawyer fix"

The public should know that the fraudsters and their colaborators will covertly have a member of your family come into to the Court and do something that effects you.

It's been more than 32 years now and whatever the lawyer fixed and had Jean O'Connell come into to the Court and do remains concealed. Was it to sign what the "lawyer fixed"? Was it something under the guise of a usual and customary document concerning a bond and/or non-resident fiduciaries, but the actual intent is to keep me away from the fraudsters accounting by blocking me from qualifying as Trustee? I have experience in accounting and try to expose their accounting.








1986.04.25   (Edward White to Henry Mackall, copy to Jean O'Connell)
"Enclosed is the draft by Ms. Barnes of the Final Accounting.
I have taken the liberty of correcting a typographical error on the distributions to reflect 53.9006% vice 3.9006%.
I would appreciate it if you would forward this to Mr. O'Connell and clarify with him his intention to qualify on May 1st.  If he does not agree or requests further delaying tactics, I feel that I have no other recourse in serving my client than to seek to have him removed as a Trustee.  This matter is costing Mrs. O'Connell dearly with the delay. Sincerely, Edward J. White 

1986.05.08   (Henry Mackal to Anthony O’Connell and H.A. Higham)
"Enclosed please find a copy of my letter to Mr. White together with copy of a proposed Petition and Order in connection with the bond problem we ran into when you attempted to qualify  [On May 1].  I have discussed this with Mr. White and expect no problem getting it entered.  If either of you have any objections to anything in either of these documents please let me know.
Sincerely, Henry C. Mackall”

4

"First thing" memo

"So Kaiser - Hilton
549-7800
Joanne,
My son Tony called.
He said he wanted very much to be the full trustee with an
agent to receive notices and processes from the
court and commissioner as in the May 8th letter.
Would
First thing is to have the final accounting
based on the same figures
as in the first accounting.
Send it to me - Do I have to sign it."  

"Call - Will do draft of final accting.-     
deed to property - convey to court.      
needs how much"  

In May(?) of 1985 our Mother instructed her CPA Joanne Barnes to send her the final accounting for our Dad's estate. About fourteen months later the lawyer Ed White tells our Mother "Ms Barnes will contact you at the time your signature is needed." Our family is made to appear responsible.

"First thing is to have the final accounting
based on the same figures
as in the first accounting.
Send it to me - Do I have to sign it."  

The CPA ignored Jean O'Connell's instructions. The CPA planted hooks:

"Call - Will do draft of final accting.-     
deed to property - convey to court.      
needs how much"  

On June 26, 1986, the lawyer tells our Mother:

"Ms Barnes will contact you at the time your signature is needed."

The 14 month delay is blamed on the family fiduciary who they supplant:

"If he does not agree or requests further delaying tactics, I feel I have no other recourse in serving my client, than to seek to have him removed as a Trustee. This matter is costing Mrs. O'Connell dearly with the delay."

This is not an intellectual experience. It is gut wrenching. It destroyed my relationship with my Mother. Our Mother died believing I was the problem. I believed she was the problem until I found her "First thing" memo in her papers after her death in 1991.

1992
5

$518,903 disappears

1992.02.25 (Edward White to Anthony O'Connell, copy to Jean Nader)
"I have received your letter of February 24, 1992 in which you request that I reconsider my refusal to resign as co-executor of your mother's estate.
Once more I decline to take such action.
When your mother approached me about changing the co-executors of her will, we discussed the matter at length. She specifically desired to make the changes which are in effect now, and was quite firm in her decision. It would be clearly disloyal of me to dishonor her intentions.
If you are represented, I will be glad to discuss this matter with your counsel.
Sincerely, Edward J. White"

1992.03.30   (Anthony O'Connell to Edward White) (Copy to Jean Nader)
"I have a few questions I hope you would be kind enough to answer.
1. As you know, the Lynch Limited Partnership plans to pay my Mother's estate $545,820.43 on April 21, 1992. What is your best guess as to when and in what amount(s) you will make distribution(s) to the beneficiaries?
2. The license plates on my deceased Mother's Van expire in April of 1992. Virginia DMV requires a new title with the new owners name before they will issue new plates {The plates cannot be renewed by the co-executors signing for Jean O'Connell). The bank will give the co-executors the title if you simply pay them the interest on the loan. I understand the principal on the loan has been paid and I am guessing that the interest is something in the range of $1200 to $1400. Would you please pay the bank the interest so they will give you the title? What is your decision as to who gets the van and how much will it costs?
3. What is your fee for being co-executor of my mother's estate?
Yours truly, Anthony O'Connell "

1992.04.04   (Edward White to Anthony O'Connell, copy to Jean Nader)
"I have received your letter of March 30, 1992.
The answers are: 
Question 1. As soon as the money is received, the tax liabilities evaluated and upon consultation with the Co-Executor.
Question 2. Paid. It is not my decision as to what it will cost you, though I have been informed that you know full well.
Question 3.  2 Y % of the receipts into the probate estate if approved by the Commissioner of Accounts.
I would call to your attention that on two separate occasions I drove to Sovran and spent a lengthy period of time on the question of the car loan. I did this in person since: I knew that you had the vehicle, that your sisters wanted you to have it, that the insurance and tags were due to expire soon and I did not want you to be inconvenienced. I could have done all of this by mail and it probably would have taken about three months, knowing the nature of the loan problem. I assumed I was doing you a favor.
Now I receive you letter asking that I "simply pay them the interest" I paid the interest and principal in one check on March 12, received the title on March 22 and mailed it to Mrs. Nader to sign over to you on March 23. Have you any suggestions as to how it could have gone faster?
The information of the commission was given to you previously by Mrs. Nader.
I do not know what your problem is, but in the future, please address all correspondence to Mrs. Nader.
I am trying to be patient with you, but I find that this estate is time consuming enough without having to deal with letters such as the last two that I have received.
Sincerely, Edward J. White"



 

$518,903 disappears



Seventeen of my eighteen responses to the Complaint disappeared after being received by the Court on September 25, 2012, at 10:44 am. See number 1:

 1   www.chiefjudgesmith.com/evidence/1-545820-23p.pdf
 2   www.chiefjudgesmith.com/evidence/2-bk467p191-8p.pdf
 3   www.chiefjudgesmith.com/evidence/3-blueprint4p.pdf
 4   www.chiefjudgesmith.com/evidence/4-canweconnectthedots2p.pdf
 5   www.chiefjudgesmith.com/evidence/5-codeofconduct18p.pdf
 6   www.chiefjudgesmith.com/evidence/6-commitments-Individually8p.pdf
 7   www.chiefjudgesmith.com/evidence/7-compute-tax-test35p.pdf
 8   www.chiefjudgesmith.com/evidence/8-exceptions1994disappeared.pdf
 9   www.chiefjudgesmith.com/evidence/9-exceptions2000disappeared.pdf
10  www.chiefjudgesmith.com/evidence/10-overview72p.pdf                          (Includes complete Deed)
11  www.chiefjudgesmith.com/evidence/11-percentages12p.pdf            
12  www.chiefjudgesmith.com/evidence/12-precedence17p.pdf
13  www.chiefjudgesmith.com/evidence/13-tax-records94p.pdf
14  www.chiefjudgesmith.com/evidence/14-trust-deed-invisible175p.pdf       (Includes complete Deed)
15  www.chiefjudgesmith.com/evidence/15-trust-documents42p.pdf              (Includes complete Deed)
16  www.chiefjudgesmith.com/evidence/16-unknown14p.pdf                         (Includes first 3 pages of Deed)
17  www.chiefjudgesmith.com/evidence/17-usingIRS15p.p
      www.chiefjudgesmith.com/evidence/all-18responses714p.pdf                  (Includes multile copies of Deed)    

Complaint - www.chiefjudgesmith.com/evidence/complaint60p.pdf
My responses - www.chiefjudgesmith.com/evidence/all18responses714p.pdf
My email verifying 18 responses - www.chiefjudgesmith.com/evidence/email-verifying18responses3p.pdf
Order - www.chiefjudgesmith.com/evidence/order5p.pdf


6

Withholding what you need is a hook. Ignoring my Deed as Trustee and never saying why is a hook. It blocked me from selling the Trust property and forced me to pay the real estate taxes until I ran out of money. It sabotaged my Trusteeship from Day 1. Not selling the Trust property and not paying the real estate taxes was used to justify removing me as Trustee, the Court taking over the Trust property, using our innocent sister as unwitting cover, and never finding out where the money went from the "sale" to Bill Lynch. No one recognizes this setup. Connect the dots.







Seventeen of my eighteen responses to the Complaint disappeared after being received by the Court on September 25, 2012, at 10:44 am. Please see numbers 10, 14, 15, and 16, of the 17 below:

 1   www.chiefjudgesmith.com/evidence/1-545820-23p.pdf
 2   www.chiefjudgesmith.com/evidence/2-bk467p191-8p.pdf
 3   www.chiefjudgesmith.com/evidence/3-blueprint4p.pdf
 4   www.chiefjudgesmith.com/evidence/4-canweconnectthedots2p.pdf
 5   www.chiefjudgesmith.com/evidence/5-codeofconduct18p.pdf
 6   www.chiefjudgesmith.com/evidence/6-commitments-Individually8p.pdf
 7   www.chiefjudgesmith.com/evidence/7-compute-tax-test35p.pdf
 8   www.chiefjudgesmith.com/evidence/8-exceptions1994disappeared.pdf
 9   www.chiefjudgesmith.com/evidence/9-exceptions2000disappeared.pdf
10  www.chiefjudgesmith.com/evidence/10-overview72p.pdf                          (Includes complete Deed)
11  www.chiefjudgesmith.com/evidence/11-percentages12p.pdf            
12  www.chiefjudgesmith.com/evidence/12-precedence17p.pdf
13  www.chiefjudgesmith.com/evidence/13-tax-records94p.pdf
14  www.chiefjudgesmith.com/evidence/14-trust-deed-invisible175p.pdf       (Includes complete Deed)
15  www.chiefjudgesmith.com/evidence/15-trust-documents42p.pdf              (Includes complete Deed)
16  www.chiefjudgesmith.com/evidence/16-unknown14p.pdf                         (Includes first 3 pages of Deed)
17  www.chiefjudgesmith.com/evidence/17-usingIRS15p.p
      www.chiefjudgesmith.com/evidence/all-18responses714p.pdf                  (Includes multile copies of Deed)    

Complaint - www.chiefjudgesmith.com/evidence/complaint60p.pdf
My responses - www.chiefjudgesmith.com/evidence/all18responses714p.pdf
My email verifying 18 responses - www.chiefjudgesmith.com/evidence/email-verifying18responses3p.pdf
Order - www.chiefjudgesmith.com/evidence/order5p.pdf

 







2012
7

Seventeen of my eighteen responses to the Complaint dissappeared
after being received by the Court on September 25, 2012 at 10:44am

Order
Signed by Chief Judge Smith on January 25, 2013
www.chiefjudgesmith.com/evidence/order5p.pdf

VIRGINIA:
IN THE CIRCUIT COURT OF FAIRFAX COUNTY
JEAN MARY O'CONNELL NADER, Plantiff
v
ANTHONY MINER O'CONNELL,
Individually and in his capacity as
Trustee under a Land Trust Agreement
Dated October 16, 1992 and as
Trustee under the Last Will and
Testament of Harold A. O'Connell, et al.
Defendants.
Case No. 2012-13064
ORDER
THIS CAUSE eame on to be heard upon the motion of the Plaintiff, Jean Mary
O'Connell Nader, by counsel, for summary judgment pursuant to Va. Sup. Ct. Rule 3:20; upon
the reply to the motion filed by Sheila Ann O'Connell, pro se; and upon the argument of counsel;
and
IT APPEARING TO THE COURT as follows:
1.The material facts set forth in the Complaint filed by Plaintiff in this action are
deemed to be admitted by Defendant Anthony M. O'Connell pursuant to Va. Sup. Ct. Rule
1:4(e);- based on the failure of Defendant Anthony M. O'Connell to deny such facts in the
responsive pleading filed by him, entitled "Response to Summons Served on September 8,
2012.
"
2. In her Answer to the Complaint and Reply to Motion for Summary Judgment, the
remaining party-in~interest, Defendant Sheila Aim O'Connell, agrees with the facts set forth in
the Complaint and the relief requested by Plaintiff.
3. Because there are no material facts in dispute in this action and the facts alleged
in the Complaint support the relief requested therein, summary judgment pursuant to Va. Sup.
Ct. Rule. 3:20 on all counts alleged in Plaintiff's Complaint is appropriate.
IT IS THEREFORE ORDERED:
A. That judgment in favor of Plaintiff Jean Mary O'Connell Nader as to Count I of
the Complaint be, and hereby is, granted; that Anthony Miner O'Connell is hereby removed as
trustee under the Land Trust Agreement dated October 16, 1992, pursuant to Va. Code § 64.21405
(formerly Va. Code § 26-48), effective immediately; and that all fees payable to Anthony
Minor O'Connell under the terms of the Land Trust Agreement, including but not limited to, the
trustee's compensation under paragraph 9~01, and ll interest on advancements by the trustee to .
the trust for payment of real estate taxes pursuant to paragraph 9.03; are hereby disallowed and
deemed forfeited;
B. That judgment in favor of Plaintiff Jean Mary O'Connell Nader as to Count II of
the Complaint be, and hereby is, granted; that Anthony Minor O'Connell is hereby removed as
trustee of the trust created under the Last Will and Testament of Harold A. O'Connell, pursuant
to Va. Code § 64.2-759 (formerly Va. Code § 55-547.06), effective immediately;
C. That judgment in favor of PlaiIitiff as to Count III ofthe Complaint be, and
hereby is, granted; that Plaintiff Jean Mary O'Connell Nader is hereby appointed as successor
trustee under the Land Trust Agreement and as trustee of he trust under the Last Will and
Testament of Harold A. O'Connell; that the term of the Land Trust Agreement is hereby
continued until further Order of this Court or until the real property held under the Land Trust is
sold and final distribution of the net proceeds is made to the trust's beneficiaries, whichever
occurs first; and that Plaintiff, as successor trustee Under the Land Trust Agreement, shall
proceed forthwith to sell the real property held by such trust as soon as reasonably practicable
upon such terms and conditions as she deems appropriate and consistent with her fiduciary
duties; and
D. That Plaintiff is hereby awarded her reasonable attorney's fees and costs in this
action in the amount of $ l7,504.12, to be paid from the Land Trust at such time as funds
become available.,
ENTERED this 25th day of January, 2013.
(Seal) (Editor's note: I am guessing that this is the signature of Chief Judge Dennis J. Smith but I am not sure).
Judge
I ASK FOR THIS:
BLANKINGSHIP & KEITH, P. C.·
4020 University Drive .
Suite 300
Fairfax, VA 22030
703~691-1235
FAX: 703-691-3913
By:
Elizabeth Chichester Morrogh, VSB No. 25112
BVMorrogh@bklawva.com
Jennifer L. McCammon, VSB No. 77034
JMcCammon@bklawva.com
Counsel for Plaintiff

Seventeen of my eighteen responses to the Complaint dissappeared
after being received by the Court on September 25, 2012 at 10:44am

Please look at my "Response to Summons Served on September 8, 2012." It included a complete copy of my Deed as Trustee. Ignoring my Deed as Trustee blocked me from selling the Trust property and forced me to pay the real estate taxes until I ran out of money. No one recognizes this. No one. www.chiefjudgesmith.com/evidence/overview62p.pdf

Please look at my seventeen responses that disappeared after being received by the Court on 9/25/2012 at 10:44 am.

 1   www.chiefjudgesmith.com/evidence/1-545820-23p.pdf
 2   www.chiefjudgesmith.com/evidence/2-bk467p191-8p.pdf
 3   www.chiefjudgesmith.com/evidence/3-blueprint4p.pdf
 4   www.chiefjudgesmith.com/evidence/4-canweconnectthedots2p.pdf
 5   www.chiefjudgesmith.com/evidence/5-codeofconduct18p.pdf
 6   www.chiefjudgesmith.com/evidence/6-commitments-Individually8p.pdf
 7   www.chiefjudgesmith.com/evidence/7-compute-tax-test35p.pdf
 8   www.chiefjudgesmith.com/evidence/8-exceptions1994disappeared.pdf
 9   www.chiefjudgesmith.com/evidence/9-exceptions2000disappeared.pdf
10  www.chiefjudgesmith.com/evidence/10-overview72p.pdf                          (Includes complete Deed)
11  www.chiefjudgesmith.com/evidence/11-percentages12p.pdf            
12  www.chiefjudgesmith.com/evidence/12-precedence17p.pdf
13  www.chiefjudgesmith.com/evidence/13-tax-records94p.pdf
14  www.chiefjudgesmith.com/evidence/14-trust-deed-invisible175p.pdf       (Includes complete Deed)
15  www.chiefjudgesmith.com/evidence/15-trust-documents42p.pdf              (Includes complete Deed)
16  www.chiefjudgesmith.com/evidence/16-unknown14p.pdf                         (Includes first 3 pages of Deed)
17  www.chiefjudgesmith.com/evidence/17-usingIRS15p.p
      www.chiefjudgesmith.com/evidence/all-18responses714p.pdf                  (Includes multile copies of Deed)
   

Complaint - www.chiefjudgesmith.com/evidence/complaint60p.pdf
My responses - www.chiefjudgesmith.com/evidence/all18responses714p.pdf
My email verifying 18 responses - www.chiefjudgesmith.com/evidence/email-verifying18responses3p.pdf
Order - www.chiefjudgesmith.com/evidence/order5p.pdf

Ignore all below (May21, 2018)
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

 

If you are hiring an attorney for the whole family; never, never, allow secrecy between family members. Or your family may fall into the two attorney trap. Our Mother did not hire a lawyer to fight me. I did not hire a lawyer to fight our Mother. But it's made to look that way.

I believe the CPA unilateral brought the lawyer aboard like the lawyer unilaterally bought the CPA aboard in 1992 (See Edward White's letter of April 22,1992). The CPA and lawyer hid from me. I didn't know lawyer #1 existed. I hired a lawyer for the whole family because nothing was being done. To my surprise he become lawyer #2. This structurally divides the family. This structural divide was used to divide, destabilize, and disempower our family.

Withholding what you need is a hook. Ignoring my Deed as Trustee and never saying why is a hook. It blocked me from selling the Trust property and forced me to pay the real estate taxes until I ran out of money.

They plant hooks (aka accounting entanglements, wedges, confusion and conflict, cover, obstacles,) in the accounting and make the family appear responsible for the consequences. Who ever controls the hooks controls the people and assets that are hooked. Hooks render the family powerless.

(1992, May 19; from Attorney Edward White's letter to Anthony O'Connell)
"The K-1 filed by the Trust showed a payment of $816.00 in interest to the estate. You sent a check in the amount of $1475.97 to the estate. What was the remaining $659.97? Do I have this confused with the tax debt/credit situation which ran from the Third Accounting?" 

(1993, March 20; from the CPA Joanne Barnes and the Attorney Edward White's accounting at bk467p192, approved by Commissioner of Accounts Jesse B. Wilson III, on March 20, 1993.)
"Debt fm Harold O'Connell Trust . . . . . 659.97"

Comment:
Small numbers are used to make accounting hooks appear unworthy of attention, as if the issue were the amount. The issue is not the amount. The issue is they hook people and assets. Who ever controls the hook controls the people and assets that are hooked. Hooks render the family powerless:

Should you vet them yourself by testing their transparency

1992

The 1,475 - 816 = 659 hook starts here

Mother    Son

If you are hiring an attorney for the whole family, never allow secrecy between family members. The CPA and lawyer destroyed my relationship with my Mother and then my relatioship with my sister by creating walls of secrecy and planting hooks.

(above) If Commissioner of Accounts Robert J. McClandish, Jr.. had not told our Mother and I that the testamentary trust described in our Father's Will had to be funded we would never have known. Our Father died in 1975 and his Will was probated in 1976. I believe our Mother's CPA Joanne Barnes, had been doing the accounting since 1976. I wonder how his Will could be probated without the Testamentary Trust being recognized and addressed. Was it for the same reasons that my 1992 Deed as Trustee is being ignored?  http://www.book8307page1446deed.com/deed-webs/deed-webs-home.html  

Beware of the two attorney setup. Our Mother assumes the CPA and lawyer are working for the good of the whole family. When I hired a lawyer for the whole family after nothing is being done, the lawyer that our Mother hired (More likely The CPA added him of her own volition) for the whole decides to represent only her. The lawyer I hired for the whole family decides he is only representing me. Presto; one lawyer represening one part of the family and one lawyer representing another part of the family. They will tear our family apart and supplaint the famly fiduciary and take control of family's assets. It is better to go without legal council than to fall for the two lawyer pattern.

2

"Lawyer fix"

The public should know that the fraudsters and their colaborators will covertly have a member of your family come into to the Court and do something that effects you.

It's been more than 32 years now and whatever the lawyer fixed and had Jean O'Connell come into to the Court and do remains concealed. Was it to sign what the "lawyer fixed"? Was it something under the guise of a usual and customary document concerning a bond and/or non-resident fiduciaries, but the actual intent is to keep me away from the fraudsters accounting by blocking me from qualifying as Trustee? I have experience in accounting and try to expose their accounting.

What did the fraudsters have our Mother come in to the Court and do?
  Call it document "X"

(above) What did the fraudsters have our Mother come in to the Court and do? That blocked me from qualifing as Trustee on May 1, 1986? That remains concealed? Call it document "bond problem"

3

"First thing"

Mother's agenda: First thing is to have the final accounting    Send it to me - Do I have to sign it."
Versus
CPA-lawyer's agenda:"Call - Will do draft of final accting.    deed to property - convey to court.    needs how much"  

Planting hooks. Whoever controls the hooks controls the people and assets that are hooked. The CPA and lawyer use the hooks to divide, destabilize, and disempower the family they victimize, supplant the family fiduciaries, take control of the family's assets, and make money disappear. "Will do draft of the final accting   deed to property - convey to court.   Needs how much.", are hooks.
In May(?) June(?) July(?) of 1985 - Our Mother tells her CPA "First thing is to have the final accounting based on same figures as in the 1st accting. Send it to me - do I have to sign it?" Twelve - fourteen months later, on June 26, 1992, the lawyer tells our Mother "Miss Barnes will contact you at the time your signature is needed."


"Call - Will do draftof final accting.-     
deed to property - convey to court.      
needs how much"    
 

6?

Order
Signed by Chief Judge Smith on January 25, 2013
www.chiefjudgesmith.com/evidence/order5p.pdf


VIRGINIA:
IN THE CIRCUIT COURT OF FAIRFAX COUNTY
JEAN MARY O'CONNELL NADER, Plantiff
v
ANTHONY MINER O'CONNELL,
Individually and in his capacity as
Trustee under a Land Trust Agreement
Dated October 16, 1992 and as
Trustee under the Last Will and
Testament of Harold A. O'Connell, et al.
Defendants.
Case No. 2012-13064
ORDER
THIS CAUSE eame on to be heard upon the motion of the Plaintiff, Jean Mary
O'Connell Nader, by counsel, for summary judgment pursuant to Va. Sup. Ct. Rule 3:20; upon
the reply to the motion filed by Sheila Ann O'Connell, pro se; and upon the argument of counsel;
and
IT APPEARING TO THE COURT as follows:
1.The material facts set forth in the Complaint filed by Plaintiff in this action are
deemed to be admitted by Defendant Anthony M. O'Connell pursuant to Va. Sup. Ct. Rule
1:4(e);- based on the failure of Defendant Anthony M. O'Connell to deny such facts in the
responsive pleading filed by him, entitled "Response to Summons Served on September 8,
2012.
"
2. In her Answer to the Complaint and Reply to Motion for Summary Judgment, the
remaining party-in~interest, Defendant Sheila Aim O'Connell, agrees with the facts set forth in
the Complaint and the relief requested by Plaintiff.
3. Because there are no material facts in dispute in this action and the facts alleged
in the Complaint support the relief requested therein, summary judgment pursuant to Va. Sup.
Ct. Rule. 3:20 on all counts alleged in Plaintiff's Complaint is appropriate.
IT IS THEREFORE ORDERED:
A. That judgment in favor of Plaintiff Jean Mary O'Connell Nader as to Count I of
the Complaint be, and hereby is, granted; that Anthony Miner O'Connell is hereby removed as
trustee under the Land Trust Agreement dated October 16, 1992, pursuant to Va. Code § 64.21405
(formerly Va. Code § 26-48), effective immediately; and that all fees payable to Anthony
Minor O'Connell under the terms of the Land Trust Agreement, including but not limited to, the
trustee's compensation under paragraph 9~01, and ll interest on advancements by the trustee to .
the trust for payment of real estate taxes pursuant to paragraph 9.03; are hereby disallowed and
deemed forfeited;
B. That judgment in favor of Plaintiff Jean Mary O'Connell Nader as to Count II of
the Complaint be, and hereby is, granted; that Anthony Minor O'Connell is hereby removed as
trustee of the trust created under the Last Will and Testament of Harold A. O'Connell, pursuant
to Va. Code § 64.2-759 (formerly Va. Code § 55-547.06), effective immediately;
C. That judgment in favor of PlaiIitiff as to Count III ofthe Complaint be, and
hereby is, granted; that Plaintiff Jean Mary O'Connell Nader is hereby appointed as successor
trustee under the Land Trust Agreement and as trustee of he trust under the Last Will and
Testament of Harold A. O'Connell; that the term of the Land Trust Agreement is hereby
continued until further Order of this Court or until the real property held under the Land Trust is
sold and final distribution of the net proceeds is made to the trust's beneficiaries, whichever
occurs first; and that Plaintiff, as successor trustee Under the Land Trust Agreement, shall
proceed forthwith to sell the real property held by such trust as soon as reasonably practicable
upon such terms and conditions as she deems appropriate and consistent with her fiduciary
duties; and
D. That Plaintiff is hereby awarded her reasonable attorney's fees and costs in this
action in the amount of $ l7,504.12, to be paid from the Land Trust at such time as funds
become available.,
ENTERED this 25th day of January, 2013.
(Seal) (Editor's note: I am guessing that this is the signature of Chief Judge Dennis J. Smith but I am not sure).
Judge
I ASK FOR THIS:
BLANKINGSHIP & KEITH, P. C.·
4020 University Drive .
Suite 300
Fairfax, VA 22030
703~691-1235
FAX: 703-691-3913
By:
Elizabeth Chichester Morrogh, VSB No. 25112
BVMorrogh@bklawva.com
Jennifer L. McCammon, VSB No. 77034
JMcCammon@bklawva.com
Counsel for Plaintiff

Comment on:

"1. The material facts set forth in the Complaint filed by Plaintiff in this action are
deemed to be admitted by Defendant Anthony M. O'Connell pursuant to Va. Sup. Ct. Rule
1:4(e);- based on the failure of Defendant Anthony M. O'Connell to deny such facts in the
responsive pleading filed by him, entitled "Response to Summons Served on September 8,
2012.
"

Please look at my "Response to Summons Served on September 8, 2012." It included a complete copy of my Deed as Trustee. Ignoring my Deed as Trustee blocked me from selling the Trust property and forced me to pay the real estate taxes until I ran out of money. No one recognizes this. No one. www.chiefjudgesmith.com/evidence/overview62p.pdf

Please look at my seventeen responses that disappeared after being received by the Court on 9/25/2012.

 1   www.chiefjudgesmith.com/evidence/1-545820-23p.pdf
 2   www.chiefjudgesmith.com/evidence/2-bk467p191-8p.pdf
 3   www.chiefjudgesmith.com/evidence/3-blueprint4p.pdf
 4   www.chiefjudgesmith.com/evidence/4-canweconnectthedots2p.pdf
 5   www.chiefjudgesmith.com/evidence/5-codeofconduct18p.pdf
 6   www.chiefjudgesmith.com/evidence/6-commitments-Individually8p.pdf
 7   www.chiefjudgesmith.com/evidence/7-compute-tax-test35p.pdf
 8   www.chiefjudgesmith.com/evidence/8-exceptions1994disappeared.pdf
 9   www.chiefjudgesmith.com/evidence/9-exceptions2000disappeared.pdf
10  www.chiefjudgesmith.com/evidence/10-overview72p.pdf                          (Includes complete Deed)
11  www.chiefjudgesmith.com/evidence/11-percentages12p.pdf            
12  www.chiefjudgesmith.com/evidence/12-precedence17p.pdf
13  www.chiefjudgesmith.com/evidence/13-tax-records94p.pdf
14  www.chiefjudgesmith.com/evidence/14-trust-deed-invisible175p.pdf       (Includes complete Deed)
15  www.chiefjudgesmith.com/evidence/15-trust-documents42p.pdf              (Includes complete Deed)
16  www.chiefjudgesmith.com/evidence/16-unknown14p.pdf                         (Includes first 3 pages of Deed)
17  www.chiefjudgesmith.com/evidence/17-usingIRS15p.p
      www.chiefjudgesmith.com/evidence/all-18responses714p.pdf                  (Includes multile copies of Deed)
   

Complaint - www.chiefjudgesmith.com/evidence/complaint60p.pdf
My responses - www.chiefjudgesmith.com/evidence/all18responses714p.pdf
My email verifying 18 responses - www.chiefjudgesmith.com/evidence/email-verifying18responses3p.pdf
Order - www.chiefjudgesmith.com/evidence/order5p.pdf

7

They plant hooks (aka accounting entanglements, wedges, confusion and conflict) in the family and make the family appear responsible for the consequences. Who ever controls the hook controls the people and assets that are hooked. A simple example is 1,475 - 816 = 659. Small numbers are used to make them appear unworrthy of attention, as if the issue is the amount. The issue is not the amount. The issue is that they entangle. They are a hook. "Debt fm Harold O'Connell Trust  659.97" entangles the accounting for the Testamentary Trust with the accounting for our Mother's Estate. Both accounts were done by the CPA and lawyer. To show the importance of this pattern, try to get anyone in the Court, the County, or the Commonwealth of Virginia, to recognize the accounting item "Debt fm Harold O'Connell Trust ... 659.97" at bk467p192money.com -

Reference:

"1. The material facts set forth in the Complaint filed by Plaintiff in this action are
deemed to be admitted by Defendant Anthony M. O'Connell pursuant to Va. Sup. Ct. Rule
1:4(e);- based on the failure of Defendant Anthony M. O'Connell to deny such facts in the
responsive pleading filed by him, entitled "Response to Summons Served on September 8,2012."
(From Chief Judge Smith's Order of January 15, 2013)

Complaint - www.chiefjudgesmith.com/evidence/complaint60p.pdf
My responses - www.chiefjudgesmith.com/evidence/all18responses714p.pdf
My email verifying 18 responses - www.chiefjudgesmith.com/evidence/email-verifying18responses3p.pdf
Order - www.chiefjudgesmith.com/evidence/order5p.pdf

I anticipated something like this so I verified that they were sent in three ways: By USPS return receipt, by email to multiple recipients, and by letter to Chief Judge Dennis J. Smith. On 9/25/2012, seventeen (17) of my responses were received by the Court at 10:44 AM. Stephanie Walker signed for them. They weighed 6 lbs and 1 oz and cost $62.85 to ship.  USPS EI480187651US. 

Going right for the jugular under the guise of a fiduciary relationship appears to be the perfect cover. The secrecy is impenetrable. Secrecy is essential to the fraudsters and fatal to the family. The secrecy is impenetrable. Please ask Virginia Senators Mark Warner and Tim Kaine to break the secrecy. If they don't, I don't believe anyone in Virginia will. The public should know what can happen to them if they try to expose the fraudster's accounting.

(below) Two lawyers pattern

The fraudsters signature cover is to divide, destabilize, and disempower, the family they victimize. Secrecy is essential to the fraudsters and fatal to the family. Invisible walls blocking communication between family members are essential. The fraudsters cannot work if they cannot establish a policy of secrecy between family members. If your family does not accept the policy of secrecy, the fraudsters will leave. Never, never, never, agree to secrecy between family members.

A basic pattern is get the family to hire two lawyers. The only thing they need is your trust. One family member hires lawyer 1 to represent the whole family. But lawyer 1 conceals himself and does no work. Another family member, seeing that no work is being done, hires lawyer 2 to represent the whole family. Then lawyer 1 comes out of hiding and pretends to represent only a part of the family. And makes the remaining part of the family an adversary. Lawyer 2 is left to represent the "adversary".

When you have two lawyers, one supposedly working for one family member and one working for another, they can legally justify secrecy by calling it client - lawyer confidentiality. If you recognize the two lawyer pattern you still have to choose between getting legal advice by hiring another lawyer, or forgo legal advice by not hiring another lawyer.

The CPA - lawyer hook our homeplace.
("Deed to property - convey to court", "Agreement")

Who ever controls the hooks controls the people and assets that are hooked. The CPA and lawyer use the hooks to divide, destablize, and disempower the family they victimize; supplant the family fiduciaries; take control of the family's assets; and make money disappear. This advice that our Mother trusted are hooks. - "I had hoped that the procedure of setting up the trust could be simplified by putting title tothe resident estate (my home) in the names of my three children - the same as listed in the will to receive it to receive it." are hooks.

The Dreyfus Affair.

The public should know, based on my experience what will happen to them if they try to expose the fraudster's accounting. I've been set up and character assasinated since 1985 for trying to break through the secrecy. It reminds me of the Dreyfus Affair. A French military officer of Jewish descent is falsely accused, convicted. and sent to Devil's Island. The French Governtment and military don't like it when their coverup is exposed by Emile Zola's newspaper article. Zola, the figure being pointed to in Edoward Manet's painting, is sentenced to a year in prison.

Whistle blower retaliations
Kill the messernger  

(3)  Surprise, April 21, 1988. Deed says I could not qualify as Trustee.

1988.04.21   (Deed prepared by ___ ? In part)
"Whereas by Deed of Partition recorded in Deed Book 4026 at Page 454, the property was reconveyed to Harold A. O'Connell as to an undivided one-half interest and to Jean M. O'Connell, as to an undivided one-half interest, whereas, Harold A. O'Connell died testate May 26, 1975, and by his Last Will and Testament recorded in Will Book 201 at Page 96, devised his interest to his executor Anthony M. O'Connell, Trustee; whereas Anthony M. O'Connell, Trustee, could not qualify and Herbert A. Higham, Trustee, was appointed to act in his place and stead.

Comment: This was my sale. I found the Buyer. I negoiated the sales contract with Bill Lynch. The sales contract says the Seller is one legal entity and I am the point of contact for the Seller:
www.canweconnectthedots/sale88/home.html

Anyone representing the "Seller" represents all of the grantors comprising the "Seller". All or none of the grantors comprising the "Seller" are represented. The "Seller" can not be divided.)

What ever the lawyer fixed, and apparently had our Mother come into Court to sign, remains concealed. My guess is that the fraudsters instructed our Mother to come in to the Court to sign something under the guise that it was a usual and customary document concerning a bond and/or non-resident fiduciaries. I believe the actual intent was to block me from qualifying as Trustee.

My best guess is that this still unknown something is actually intended and use to shut me out, to justify saying that the non-resident fiduciary Anthony O'Connell could not qualify as Trustee for the Testamentary Trust established by our Dad's Will probated in 1976.

Edward White - Edward White is an attorney who, I believe, the CPA Joanne Barnes connected to our Mother. All this is a secret from me, the named Trustee in the Testamentary Trust established by our Dad's Will, probated in 1976. (What happened between 1976 and 1985? I don't know. The nine years of secrecy suggest, I believe, that the CPA Joanne Barnes made millions of dollars disappear.) Neither the CPA or the attorney, who pretend they don't know each other, contacted me about anything. Our Mother apparently bought their policy of secrecy and that was fatal.

Henry Mackall - I was visiting my Mother when she showed me the out going Commissione of Accounts letter dated May 8, 1985. It said the Testamentary Trust established by our Father's Will, probated in 1976, had to be funded.

(Comment: Why would Mr. Mackall have me come from Saint Louis, Missouri, to Fairfax, Virginia, to qualify in Court? But after my telling him that the named non-resident trustee H. A. Higham and I have known each other since high school, ask us to wait outside the Court while he went in by himself? And after coming out tell us that there was a bond broblem that prevents us (or just Anthny OConnell? I don't remember the exact words)What is the bond problem document Mr. Mackall ran into?)

History suggest that the clause "ANTHONY MINER O’CONNELL, Trustee Under the Last Will and Testament of Harold A. O’Connell" in the 1992 Trust documents such as the deed for Accotink will not be recognized in the settlement of a sale of Accotink and what ever might be used to justify it not being recognized will remain unknown:

Comment: Why would Mr. Mackall have me come from Saint Louis, Missouri, to Fairfax, Virginia, to qualify in Court? My physical presence wasn't deemed necessary when he had me and Mr. H. A. Higham qualified on June x, 1986.

* My guess for Mr Mackall telling us to wait outside is that the level of trust between me and and H. A. Higham would interfere with the "lawyer fix" obstacle that apparently disqualified me as Trustee but not H. A. Higham.

www.book8307page1446deed.com/deed-webs/deed-webs-home.html

History suggest that the clause "ANTHONY MINER O’CONNELL, Trustee Under the Last Will and Testament of Harold A. O’Connell" in the 1992 Trust documents such as the deed for Accotink will not be recognized in the settlement of a sale of Accotink and what ever might be used to justify it not being recognized will remain unknown:

This pattern of unknowns is one reason why the sale of Accotink had to be on hold. Can we find out what the lawyer fixed? Can we get the accountants to take a position on whether Anthony O'Connell did, or did not, qualify as co-trustee u/w of H. A. O'Connell on June 20, 1986, and that he was still qualified as co-trustee u/w of H. A. O'Connell on October 16, 1992, when he signed the 1992 for Accotink as one of the Grantors, so that all concerned can rely upon it? It's been thirty-two years now.

To get to the truth it is absolutely essential to expose the document(s)(?) that the accountants had our Mother come in to the Court and sign. This is core. History suggests that our Mother and her family did not have a chance against the accountants after she followed the "lawyer fix" and "come in" instructions.

1) Plant obstacle.
1985-1986, plant "lawyer fix" obstacle in the Court records to block me from qualifying as Trustee. Frame Jean OConnell (Mother) with it by instructing her to carry it out. Keep it secret in the Court records so it can be shown or concealed depending on the situation.

2) "Lawyer fix" obstacle blocking me from qualifing as trustee is made to appear as my refusal to qualify as Trustee. And therefore I should be removed as Trustee.

I am guessing that the the media doesn't tell the public how the accounting fraud works because they don't want to risk being sued for libel.

I believe this Court Notice says I am to travel from Arizona to Fairfax, Virginia, for a hearing for an unidentified issue where no evidence will be taken. I believe "In re: Harold A. O'Connell" means my 1992 Deed as Trustee will continue to be ignored.

(Insert judges 2000 link) http://www.chiefjudgesmith.com/judges2000/judges2000home.html

Insert bk467p191, page 1

Why isn't my 1992 Deed as Trustee recognized?

Ignoring my Deed as Trustee and not saying why rendered me powerless. It blocked me from selling the Trust property and forced me to pay the real estate taxes until I ran out of money. My family doesn't understand this. http://www.book8307page1446deed.com

And by extension, make my1992 Deed as Trustee null and void? I signed the 1992 Trust Deed as one of the Grantors; as "Anthony Miner O'Connell, Trustee, under the last Will and Testament of Harold A. O'Connell"? Is there a just power who would risk breaking the secrecy and finding out?

 

 

 



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http://www.book467page191money.com              
http://www.book8307page1446deed.com   
http://www.canweconnectthedots.com      (Best reference)     
http://www.canwelookattheevidence.com 
http://www.chiefjudgesmith.com   
http://www.chiefjudgetrumbo.com
http://www.farm139.com
http://www.fbispringfield.com
http://www.followthetrails.com
http://www.followthetrails2013.com
http://www.inreharoldaoconnell.com
http://www.judgesfairfaxcounty.com      
http://www.removethesecrecy.com  
http://www.stoppedmedicine.com     
http://www.tucsonva.com 
http://www.unknownlien.com