Judges 2000

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)
"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 $1 19,000 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
Only a Judge, I believe, has the discretionary power to orchestrate and compel a 100% true and complete financial disclosure of this estate without further damage to the testator's family. I respectfully request if any of you would be willing to try.
(1) Commissioner of Accounts Jesse B. Wilson, m, does not have the power to expose their accountings. If he did I assume he would have done so. I am not accusing anyone connected with the Court of anything. I thank Commissioner Wilson for advising me of the Exceptions to Commissioners Report procedure (Reference 2).
(2) Jurisdiction. I assume Judges have jurisdiction over them because they ask Judges to sign approval type documents for an estate, such as a Show Cause Against Distribution Order and an Order of Distribution (References 2a and 2b), after they have stolen money from that estate. They kept the nature and dates of these procedures as well as the Debts and Demands a secret from me until after they were signed. 'Their secrecy makes it impossible for me to respond. Their secrecy is contrary to the intended purpose of these procedures I believe every Judge would want to know that they use the Show Cause Against Distribution Order and the Order of Distribution as covers for stealing money. (3) Trust no one. Please trust no one and no thing except a 100% true and complete financial disclosure when it comes to the secret advisors. They have deceived the Court for eight years on this estate accounting.
(4) I can't even hire counsel. If I hire another attorney, it breaks the fiduciary responsibility Edward White has to me (such as providing a true and full financial disclosure) and my only recourse is filing charges in Court, which puts me in a mutually destructive contest with the innocent family member (I cannot convince the innocent family member to stop taking the secret advisors advice).
If the secret advisors can force an aware beneficiary to hire another attorney, it relieves them of fiduciary accountability to that beneficiary (while they remain in control of the assets that by definition require fiduciary accountability to that beneficiary). It is an amazing set up. Please see the eight (8) individual set-ups planned against me in Edward White's letter of April 22, 1992, to the innocent family member, in the enclosure Render Testator's Family Helpless.
From Edward White's letter of February 2, 1993 to the innocent family member:
From the comments in his [Anthony O'Connell] recent demands for "information", I can see that he is jumping to conclusions based on no knowledge at all. I will not reply directly to him on any future aspect of this estate. As a matter of fact I am precluded as an attorney from dealing with an adverse party who is represented by counsel .......
For this reason I am not represented by counsel now. If anyone advises you or implies to you that I am represented by counsel now, that is not true. Please do not allow the secret advisors to use this legal loophole. Please understand that this is the reason it would be walking into a known trap for me to hire counsel now. I should not fall for the same set-up more than one or two times. I have sought counsel from excellent attorneys in the past. But in this particular situation it protects the secret advisors. I believe the secret advisors would insist that they are not accountable to me, and a Judge would have to accept it, if I did seek counsel now.
(5) Accotink is our remaining real estate and is probable worth over one million dollars.
The secret advisors took covert control of it
by entangling it in their accounting of the Estate and of the Trust. Because they control the entanglements they control the assets and people they entangle. My family and I very much want to sell it but Jean Nader and Sheila O'Connell do not understand that the accounting entanglements Jo Anne Barnes and Edward White put on Accotink are, for one, intended to sabotage the Trustee's sale.
Only a Judge, I believe, could compel Jo Anne Barnes and Edward White to expose and remove the accounting entanglements that they put on Accotink. I could not do it and Commissioner of Accounts Jesse B. Wilson, Ill, could not do it (Reference the Trust's Twelfth Court Account dated August 9, 1999). If a Judge can not do it, I believe no one can, and the Trustee of Accotink has only two choices:
(1) Take Accotink out of the protection of the Virginia Land Trust and enter it into sales negotiations. If the Trustee does this it is a virtual certainty that the secret advisors will sabotage the Trustee's sale and take over. The evidence is in their accounting of the Estate.
(2) Continue to leave it in the protection of the Virginia Land Trust. That means Jean Nader, Sheila O'Connell, and Anthony O'Connell cannot realize about one million dollars.
The Trustee has no prudent choice except to continue to keep Accotink in the protection of the Virginia Land Trust until a just power stops the secret advisors. The Trustee is not supposed to walk into the same trap more than one or two times. The Trustee is not going to walk into a known trap
If the secret advisors can get away with using the innocent family member to steal money from the estate while they are under Court jurisdiction and review, they can use the innocent family member and their accounting entanglements to do most anything from a sale of Accotink. Please see Sabotage Sale, 1988 to see what they can get away with in my 1988 sale. And that was without their accounting entanglements.
(6) Secrecy. Secrecy is the main set up behind which most all other set ups follow. It is impossible to stop them unless it is removed. I believe only a Judge could remove this level of secrecy. It is impenetrable. The only way I can think of on how to neutralize or counter the secrecy is for the just powers to reverse the burden of proof.
(7) Security and Exchange Commission. It would require the Security and Exchange Commission, and nothing less, to cut through the impenetrable secrecy surrounding the activity of the stockbroker. They use the stockbroker to launder money out of the estate, I believe. I believe only a Judge could obtain the services of the SEC. I can't.
(8) Internal Revenue Service. To find out what was actually sent to the IRS would require that the IRS provide it (If the IRS could somehow identify the CPA's @IN 54-1040148?) clients over the past twenty five years (about the same period of time that they have victimized my family alone), and asked those clients if they had been advised to keep secrets from other family members, I believe it would show that the secret advisors have victimized hundreds of families). I believe only a Judge could obtain the services of the IRS. I can't.
(9) Not Testator's family. A rule of thumb is that they will deceive you and will constantly divert accountability from themselves to the testator's family. The secret advisors create conflicts in the family as a cover for stealing money and to avoid accountability. The testator's family has no control over their accounting except what Jo Anne Barnes, Edward White, and Allison May allow. Please reject the conflict-in-the- family cover and all variations of it
First, please, somehow, and I don't know how, separate and protect all the members of Jean M. O'Connell's family from further damage from the secret advisor's advice. The Testator gave a lot to Fairfax County and the surroundings. I beg the Court to protect her family and assets from further damage:
Jean O'Connell Nader*
350 Fourth Avenue Beneficiary of the Estate
New Kensington, PA 15068
Co-executor of the Estate (Innocent)
Beneficiary of the Trust u/w of H. A. O'Connell
Beneficiary of the Land Trust containing Accotink
Sheila O'Connell*
44 Carleton Street
Portland, ME 04012
Beneficiary of the Estate
Beneficiary of the Trust u/w of H. A. O'Connell
Beneficiary of the Land Trust containing Accotink
Anthony M. O'Connell
216 Governors Lane, Apt 12
Harrisonburg, VA 22801
Trustee for the Trust u/w of H. A. O'Connell (Primary beneficiary is Jean M. O'Connell)
Trustee for the Land Trust containing Accotink
Beneficiary of the Estate
Beneficiary of the Trust u/w of H. A. O'Connell
Beneficiary of the Land Trust containing Accotink
*The secret advisors have destroyed my credibility with my sisters, Jean Nader and Sheila O'Connell. Please expect the secret advisors to use my sisters to carry out their advice; such as to keep accountings secret and to contest me. A similar thing would happen if the Trustee tried to sell Accotink. This is why I have to get a just power to intervene. My sisters, Jean Nader, and Sheila O'Connell, will never believe me unless a just power intervenes.

Innocent family member set up
Jo Anne Barnes and Edward White have protected themselves against the traditional avenues of justice through the Court by installing (1985) and using an innocent family member to unwittingly carry out their agenda. If I file charges in Court they will have me in a mutually destructive contest with an innocent and unbonded member of my own family, Jean Nader. The only thing Jean Nader is doing wrong is to trust the secret advisor's advice. But I can not stop them from doing that. I tried to get around the innocent family member set-up:
 a. I wrote the Virginia Bar in 1992 (Jean Nader is not a member of the Bar). This did not work. The Bar advised me to use the traditional paths of the Court. That would put me in a mutually destructive contest with the innocent family member.
b. I wrote a book about how I believed the operation worked and mailed it out to public officials in 1997. This did not work. If that book made people angry I am sorry, but I am supposed to try to protect Jean M. O'Connell's family and assets, and the traditional paths of justice are blocked with the innocent family member set up.
I can think of only three things that a just power could do with the innocent family member setup:
a. Continue to let them steal money to avoid punishing the innocent family member (which is why the secret advisers use the innocent family member to carry out their agenda).
b. Stop them from stealing money and punish the innocent too (Jean Nader is too innocent and scared to separate from them on her own. At this point I believe the secret advisors have so traumatized Jean Nader that she is fear driven, that they could have her do most anything to avoid having the estate accounting exposed. A just power or their agent could verify this by a personal visit to Jean Nader).
c. First separate and protect the innocent family member from the secret advisors, and then stop the secret advisors. This is the only fair choice. But I don't know how that could be done. I have tried for nine years.
The secret advisors have set it up so that they can financially ruin Jean Nader before allowing accountings to be exposed (They Steal Money, page 10). They will use all their power to keep using Jean Nader as a cover under the guise that they are protecting her.
The innocent family member, Jean O'Connell Nader, is their protection. They are not going to let her go. She is the key.
Only a Judge, I believe, has the discretionary power to stop the secret advisors from continuing to use the innocent family member.
If a Judge can not stop them from doing this, I believe no one can, and the innocent family member setup and the secrecy truly make Jo Ann Barnes and Edward White untouchable.
Unless a just power convinces Jean Nader to stop letting the fraud operation use her the Testators family will remain helpless against them.
(10) New accounting. A new accounting by an objective outsider is absolutely essential. Only a Judge could, I believe, order a new accounting of the Estate of Jean M. O'Connell by an objective outsider.
The secret advisors have intentionally created so much ambiguity, confusion, accounting entanglements, setups, coerced or forced signing of documents, commingling of what should have been an asset of the estate with the beneficiaries individual finances, that it is impossible to unravel. They do that so that it is near impossible to unravel and to see what they have done. There is cover after cover after cover. Their accounting is confusion and deception where money disappears.
Please do not charge a new accounting to the testator's family who has no control over the CPA-lawyer-stockbroker accounting. History suggests that the first thing the secret advisors will do is to advise the innocent family member that it will be an additional cost to her and led her to believe that I am costing her money.
Please set aside all the documents they had the beneficiaries' sign that covers the secret advisors. If I refuse to sign a document I should not sign, the secret advisors withhold my distribution and put the family through a " ... I merely asked for a receipt so that a proper accounting might be filed, Mr. O'Connell has tried one stunt after another to disrupt the flow of administration, not withstanding my repeated attempts to calm him down."
The new accountant should compare the secret advisors versions of the accountings sent to the IRS, to the Court, to and from the stockbroker, to the innocent family member, etc. The pattern is that many' if not most of the deceptions are exposed by comparing the different versions sent to different entities.
(11) My credibility. I am the one they most want to not see their accountings. I have an MBA, I have worked for the IRS and most everything I have or have lost depends on exposing their accountings. They destroyed my credibility because they don't want my family and others like you to believe me.
One way to verify fraud that does not involve accounting is to compel Jo Anne
Barnes and Edward White (not the innocent family member who they have set up to carry this out for them) to identify in writing exactly what it is that they have accused me of for the past fifteen years. Allow me to respond if they do. They should have some reason, other than my having experience in accounting and trying to expose theirs, for destroying my reputation and rendering the testator's family helpless. They don't. If a Judge can't pin them down to an unaccountable position on this please understand how the public and I can't (From the lawyer's letter of July 20, 1995: For the umpteenth time, I will ignore your plaintive request that I identify your "wrongdoings"). I can't defend myself against something they won't identify. For them this was just another cover to steal money. For me it was my life. At this point, if any weight at all is given to the number and power of people who have been led to believe whatever Jo Anne Barnes and Edward White have implied against me, it is hopeless. I beg you, I literally get down on my knees and beg you, to pin Jo Anne Barnes and Edward White down to an unaccountable position on this.
My sisters will never believe Jo Ann Barnes and Edward White have framed me over the past fifteen years unless a just power tells them. Only a Judge, I believe, could compel them to take an accountable position on this.
(12) It is impractical to list all the traps and covers for investigators that I know about and I don't know them all. Please forward each excuse/reason why they won't provide a true and full financial disclosure and allow me to respond. Please do not leave me out of the information loop. I know more about the traps for investigators than among  anyone who has come forward. I am the one whom they most want to not see their accountings. Please do not relinquish control of this to anyone until exposure is complete and I have one hard copy in my hands. About one million dollars in real estate is at stake.
Please do nothing if not committed from the start for a 100% true and complete financial disclosure with one hard copy in my hands. Exploratory or tentative investigation is worse than none because the investigator will encounter a mountain of convincing cover, which the investigator won't recognize as cover, and the investigation stops, and it results in another de facto approval.
If you do not intervene I would like the Court to know that I have done everything I could to try to expose the accountings, to stop them from stealing money, and to free Accotink from their control.
The secret advisors operate behind impenetrable secrecy. It is impossible to get to the truth or to prove something when the evidence is kept secret. The secret advisors do not want me to understand their set ups much less be able to document them to others.
Because of the impenetrable secrecy that the secret advisors operate behind, everything in this letter and all of it's enclosures is only my own personal opinion.
But if you compel a 100% true and complete exposure of the CPA-lawyer-stockbroker accounting for the Estate, with one hard copy of it in my hands, and it is reviewed by a just power, I believe that it will show that this is true:

  • The CPA Jo Anne Barnes and the Lawyer Edward White are two principals in a fraud operation that stole money from the Estate of Jean M. O'Connell.
  • They took covert control of about a million dollars in real estate (B8845 p1444 and B8037 p1446) by entangling it in their accounting of the Trust and the Estate and made it appear as if I was the cause of it.
  • They destroyed the Testator's family to protect themselves.
  • They destroyed my reputation because I have experience in accounting and they do not want my family and other's like you to believe what I am telling you.

Sincerely, Anthony M. O'Connell, Trustee u/w of H. A. O'Connell

Enclosures:
They Steal Money
Jean M. O'Connell
CD contains the following files:
They Steal Money
Jean M. O'Connell
Testator
CPA
Stockbroker
Innocent Family Member
Fear
Render Testator's Family Helpless
They Use The Trust of Judges
Sabotage Sale, 1988
Sabotage Sale, Again
My Credibility
Correspondence with Judge Thomas S. Kenny

Copies to:
Jo Ann Barnes, CPA
Edward White, lawyer
Allison May, stockbroker
Commissioner of Accounts Jesse B. Wilson III
Assistant Commissioner of Accounts Henry C. Mackall
Deputy Commissioner of Accounts Peter A. Arntson
SEC Commission
IRS
VA Bar
Jean Nader
Sheila O'Connell"

 (13 enclosures follow)

They Steal Money - http://www.judgesfairfaxcounty.com/judges2000/1money11p.pdf
Summary
One way they stole money was to use two versions of the Estate Tax Return with payment. These are not amendments or corrections, but two separate versions with the same dates. There is only supposed to be one. The innocent family member sent me a copy of a $175,000 version, which suggests that this was the version that was sent to her.
The $1 19,000 version appears to be a doctored version of this $175,000 version (page 3).
Based on the known accounting, the secret advisors sent the innocent family member the
$175,000 version for signature and payment, then doctored that $175,000 version to read
$119,000, and sent the $119,000 version with a $119,000 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 (page 5). Money is not supposed to disappear. If Jean Nader were not totally innocent she would not have sent me a copy of the $175,000. The two versions of the Estate Tax Return are exposed because of this temporary break in the secrecy.
$175.000 version for innocent family member to sign
(a) Extension Request, IRS Form 4768 - dated June 11, 1992. Payment has to be included with this IRS Form 4768 (Page 1).
(b) Estate Tax Return, IRS Form 706 - dated September 2 and 8,1992 (Page 2)
$119,000 version actually sent to the IRS
(a) Extension Request, IRS Form 4768 - dated June 11, 1992. This $119,000 version is a doctored version of the $175,000 version (Page 3).
(b) Estate Tax Return, IRS Form 706 -Missing. There has to be a $1 19,000 version of the IRS Form 706 somewhere (Page 4).
(See the pdf reference for the 10 pages of documents that are not included here)

Jean M. O'Connell - http://www.judgesfairfaxcounty.com/judges2000/2jeanoconnell1p.pdf
The testator, Jean M. O'Connell, gave to Virginia. She was a nationally recognized landscape designer who did the landscape designs, without compensation, for:
The Franconia Olivet Episcopal Church.
The Springfield Richard Byrd Library.
The Commonwealth Hospital in Fairfax,
The Louise Archer Elementary School.
Grandview Farmhouse and mini-pavilion, a National Trust for Historic
Preservation property at Woodlawn.
A memorial garden in the National Arboretum.
The Northern Virginia Mental Health Institute.
The Woodbridge Methodist Church.
The 18" century Magruder House of the Prince George Historical Society.
The Wolf Trap Elementary School.
The Pope-Leighey House by Frank Lloyd Wright.
The Fair Oaks Hospital.
The Clifton Episcopal Church.
The Oakton Elementary School.
The 4-H Club Headquarters near Front Royal,
The roadbed of the abandon W & 0 Railroad in Vienna
The Springfield Junior Chamber of Commerce-commercial area plantings.
The Knoll Garden, Goodwill House West, in Falls Church.
Because the personal intervention of a Judge is the last hope in the system, I beg the
Judges of the Nineteenth Judicial Circuit Court to personally intervene, and protect all the testator's family and assets from further damage."

Testator - http://www.judgesfairfaxcounty.com/judges2000/3testator9p.pdf
Summary
There were no conflicts among any members of Jean M. O'Connell's family concerning any Will or any Trust before the secret advisors ran their set ups. The secret advisors set up Jean M. O'Connell. They used her trust to take control of her assets and to render her and her family helpless against them (page 3).
The secret advisors create conflicts in the testator's family to protect themselves. It is a cover for the secret advisor's activities. Any time the secret advisors divert accountability from themselves to the testator's family, as if they were just carrying out one family member's instructions against another, please reject it and any variation of it.
Jean M. O'Connell gave a lot to Fairfax County and Virginia (page 1). I beg a just power to step in and stop the damage."
(See the pdf reference for the 8 pages of documents that are not included here)

CPA - http://www.judgesfairfaxcounty.com/judges2000/4cpa4p.pdf
Summary
Secrecy prevails. There are no known letters from Jo Anne Barnes that would document her advice to the innocent family member between her two letters of November 25, 1991 and September 30, 1994, the most active period of the estate. The CPA's first letter volunteers to the innocent family member that she would be happy to work with Mr. White (page 1). The CPA's second letter directs the innocent family member to sign a document stating that the Estate is closed (pages 2 and 3)."
(See the pdf reference for the 3 pages of documents that are not included here)

Stockbroker - http://www.judgesfairfaxcounty.com/judges2000/5stockbroker4p.pdf
Summary
Secrecy prevails. The innocent family member sent me copies of two documents (pages 1 and 2). I believe the stockbroker launders the stolen money."
(See the pdf reference for the 3 pages of documents that are not included here)

Innocent Family Member - http://www.judgesfairfaxcounty.com/judges2000/6innocent8p.pdf
Summary
The secret advisors frame their clients with their accounting. To avoid accountability they use the trust of an innocent family member to carry out their agenda:
Page 1: Commingle funds. Obfuscates accountings and entangles assets like Accotink.
Page 2 and 3: Secrecy prevails. They have the innocent family member carrying out their agenda to the degree that the secret advisor's name(s) are secret.
Page 6: Ties another knot in the real estate tax entanglement the CPA and lawyer put on Accotink.
The only thing the innocent family member is doing wrong is to rely on the advice of the secret advisors. But I can not stop that. If they can get away with using the innocent family member to steal money from the Estate while they are under Court jurisdiction and review, they can get away with most anything using the innocent family member and their accountings entanglements in a sale of Accotink. Please see what they got away with in Sabotage Sale, 1988.
Unless a just power stops the secret advisers from continuing to use the innocent family member, the Trustee of Accotink has no prudent choice but to keep it in the protection of the Virginia Land Trust (B8845 p1444 and B8307 p1446)."
(See the pdf reference for the 7 pages of documents that are not included here)

Fear - http://www.judgesfairfaxcounty.com/judges2000/7fear16p.pdf
Summary
The secret advisors frame their clients with their accounting. Here they make the innocent family member appear negligent for not reporting a joint CD, and consequently, for having to amend the Estate Tax Return. I believe one purpose is to scare Jean Nader into keeping accountings secret (as if she had done something wrong) and to divert attention from their two versions of the Estate Tax Return (They Steal Money).
 I believe the secret advisors now have the innocent family member so scared of having Estate accountings fully exposed, that she feels that there is no safe place for her to turn to, except to continue to follow their secret advice. A just power could verify this with a personal visit.
Note: Before her death, my mother, Jean M. O'Connell, told me that her CPA (Jo Ann Barnes) had advised her to create a joint CD with Jean Nader in order to cover the extra expenses Jean Nader would incur as co-executor of her estate.
 Page 1: The secret advisor(s) report to the IRS, on the Testator's 1991 individual tax return 1040, that the balance of joint CD# 6621 1061 is on Jean Nader's individual tax return 1040. But they don't advise Jean Nader to report it, or ask her if she had reported it, on her individual tax return 1040.
Page 3, May 29, 1992: Anthony O'Connell asks the lawyer, with a copy to the CPA firm, about this joint CD: On Schedule B under dividend income, what is the significance of **BAL ON I040 OF JEAN NADER, SSN 225 50 90521 Neither the lawyer nor the CPA firm responded.
Page 4: They have the innocent family member respond.
Page 8, January 21, 1993: I receive a statement and a check for this joint CD. I had not previously received any bank statements of my mothers at my address (6541 Franconia Road, Springfield, Virginia). I believe Mr. White requested that the bank send it to my address. I forward it to the innocent family member.
Page 10, April 26, 1993: The lawyer makes the innocent family member appear responsible: Since this was a joint account, the income was yours. Since you sent me that statement, I assumed you had picked it up on your return.
Page 12, June 21, 1993: The lawyer amends the Estate Tax Return due to the "discovery" of the joint CD. He makes a show of protecting the innocent family member in explaining it to the IRS, as if the innocent family member had done something wrong.
Page 13, July 7, 1993: The lawyer attacks me. He got the innocent family member to cosign this letter: Second, an amendment to the estate tax returns was filed at the end of
June reflecting the existence of a CD which had not been discovered until recently (See IRS correspondence attached)
The existence of the joint CD was clearly known to the secret advisors, at least as early as May 29, 1992 (which is before the June 15, 1992 due date of the original Estate Tax Return), before the lawyer tells the IRS on June 21, 1993 that it was recently discovered."
(See the pdf reference for the 14 pages of documents that are not included here)

Render Testator's Family Helpless - http://www.judgesfairfaxcounty.com/judges2000/8helpless22p.pdf
Summary
Greatly simplified, the secret advisors render a family helpless by first (1) establishing a wall of secrecy between family members, and then (2) using an innocent family member to carry out advice that is intended to set one family member against another. The innocent family member carries out their advice because they assume it is legitimate advice.
The secrecy and the set-ups render the family legally helpless because they use the innocent family member to carry out their agenda. If another family member tries to find out what the secret advisors are doing, such as exposing their accountings or stopping them from stealing money, they use the innocent family member to contest that other family member. They make the innocent family member accountable under the guise that they are protecting the innocent family member as well as themselves.
As preposterous as it first sounds, rendering the family helpless is a certainty, it is a virtual given, it impossible to prevent, if one innocent family member relies on the fraudulent advice. I anticipated it, I did everything I could think of to try to stop it, and I could not.
Page 1 -Mr. White is asked, on behalf of all the beneficiaries, to relinquish his fiduciary position to Anthony O'Connell.
Page 2 -Mr. White refuses.
Page 3 -I ask Mr. White some questions about his accounting.
Page 4 -The first accounting questions I ask Mr. White results in Mr. White refusing to communicate with me and placing the innocent family member between himself and me.
This structure of the secrecy and the use of the innocent family allow Mr. White to run the set ups that render the family helpless.
Pages 5 and 6 -With the wall of secrecy supposedly in place, the set-ups using the innocent family member begin.
Set-up #1
Accounting entanglement using document
AGREEMENT CONFIRMING DISTRIBUTION OF VEHICLE
Please see page 7
Set-up # 2
The lawyer hires the CPA
Edward White unilaterally hires the CPA Jo Ann Barnes to advise the Edward White on the Trust u/w of H. A. O'Connell. I am the Trustee for the Trust u/w of H. A. O'Connell
My guess is that the CPA's secret advice to the innocent family member agrees with the lawyer's secret advice to the innocent family member concerning the Trust and the Estate. See CPA. The CPA does not disagree with the lawyer's advice in the lawyer letter of April 22, 1992. I know of no instance of the CPA disagreeing with the lawyer's advice since 1985.
Set-up # 3
Entangle Trust accounting with Estate accounting
Please see pages 10-18
They stress this. This is important. It allows them to "capture" about a million dollars in real estate by entangling it in their accounting of the Trust and their accounting of the Estate.
Jo Ann Barnes and Edward White create accounting entanglements and use them as takeover tools. It gives them control of an asset somewhat like an attachment, except that their entanglements are usually impossible to pin down and address, and only they, and not their clients, have the power to remove them. Because they control the entanglements they control the assets and people they entangle. They exercise these takeover tools at a critical time, such as during a sale negotiation and settlement of real estate. They are used to create conflicts, to set one family member against another, to divide and conquer, to supplant. A good example is the 1985 Needs how much in Testator.
Forcing me to file the Trust's account approximately 18 months early allows the CPA and lawyer to entangle their accounting of the Trust's (I unwittingly hired the CPA (firm) to prepare the Trust's Seventh Court Account) with their accounting of the Estate. The Trust's Seventh Court Account is not due until October 20,1993 (page 10).
Entanglement by creating a debt from the Estate to the Trust
The CPA (firm) did the Trust's Seventh Court Account in a manner that required me to pay the Estate $ 1,475.97 (page 11). The lawyer discovers that this is $659.97 too much (page 12). They report this to the IRS while I can not even get the CPA(firm) or the lawyer to address this $659.97 much less pay it back to the Trust (page 18).
Entanglement using the real estate tax:
(It is so ambiguous it can be used in any way they want).
I am of the opinion that the estate owes the trust for the second half real estate taxes from September 15,1991 through December 31,1991 in the amount of $1052.35. This is shown on your accounting a disbursed to the heirs. Should this be paid back to the heirs or to the Trust? Lawyer to Trustee, May 19, 1992 (page 12)
The $1,794.89 of real estate taxes which you as Trustee paid on behalf of the three heirs
(Sheila O'Connell, Jean Nader and Anthony O'Connell) was an obligation owed directly by the three heirs as your mother's interest in this real estate passed directly to each of you at her death. When you received the K-1's for 1991, attached was a schedule for each of you to report 1/3 rd of these real estate taxes on your individual income tax returns CPA(firm) to Trustee, February 12, 1993 (page 17)
Set-up # 4
A policy of secrecy from me is established
Set-up # 5
This continues a series of set-ups to take control of Accotink
April 22, 1992:
The best scenario of the three alternatives given here would reduce Accotink's value by 40%.
I avoided the structured set up by hiring a professional appraiser and sent Edward
White a completed professional appraisal on June 9, 1992 that reduced the valve of Accotink by 50%.
December 11,1992:
The lawyer and the CPA suggest asking for an additional 30% reduction. I believe this is to take control by promoting an adversarial partition suit:
.... Since the lands is held as tenants in common, it could be partitioned into smaller facts (zoning problems not withstanding) and either the trust or any of you could sell you interest if a buyer could be found. ....
Edward White to the beneficiaries
February 2,1993:
..... I can only say that had I not been adamant about re-valuing the Accotink property, Mr. O'Connell's initial approach would have cost this estate
dearly.. . . . . .
Finally, I would like, for the record some memorandum from you and Sheila concerning my earlier comments as to attempting a further reduction in the Accotink valuation. Lawyer to Jean Nader, February 2,1993
I believe the reevaluations of real estate are not only used as a takeover tool but to steal money in the created confusion:
June 11,1992:
I gave Edward White the professional appraisal on June 9, 1992, which is before the June 15,1992 due date for the Estate Tax Return. But on June 11,1992 the lawyer extends the Estate Tax Return filing due date anyway, telling the IRS on the $175,000 version of the Estate Tax Return that the appraisal is still in progress:
The decedent was a part owner of a tract of ground the value of which is to be determined by an appraisal in progress. The enclosed payment is based on the maximum value for the property and will be changed.
Edward White to the IRS
January 13,1992:
As you recall the Accotink property is assessed at $600,000.00 by the county.
Based on the appraisal, we used one half of that figure (times the percentage interest owned by your mother). In the event the IRS does not agree and insists on the full evaluation, the estate tax liability could increase by about $67,000.
Edward White to the beneficiaries
Set-up # 6/br> Entanglement using gift
Please see page 9
My having a copy of the Form 709 for 1988 may or may not have stopped this entanglement.
Set-up # 7
Covers
The Debts and Demands, the Show Cause Against Distribution Order and the Order of Distribution are optional. Because the secret advisors ask for these approval type procedures after keeping accountings secret and stealing money, they apparently believe it will help cover them.
Set-up # 8
The secret advisors got their Order of Distribution and the release of liability letter from the IRS clearly knowing that they framed me with the debt of $659.97. Now they can use it to control Accotink and continue to make it appear as if it were my fault. Please imagine the consequences if I had not corrected the huge debts in My Credibility."
(See the pdf reference for the 18 pages of documents that are not included here)

They Use The Trust of Judges - http://www.judgesfairfaxcounty.com/judges2000/9judges9p.pdf
Summary
The Show Cause Against Distribution Order and the Order of Distribution, as well as the
Debts and Demands, are optional. The secret advisors ask for them after keeping accountings secret and stealing money. They use these as cover."
(See the pdf reference for the 8 pages of documents that are not included here)

Sabotage Sale, 1988 - http://www.judgesfairfaxcounty.com/judges2000/10sale1988-11p.pdf
Summary
I sent Edward White a signed and notarized Purchase Agreement for a real estate sale I made in my capacity as Trustee and asked if he would handle the settlement (Page 1). Three and a half months later, five days before settlement, Edward White sent me a deed to sign that states, among other things, that I could not qualify as Trustee (Pages 4 and 5). Court records show I was qualified as Trustee (Page 6): Edward White put me in the position of having to sign this deed as written or he would make it appear to my family that I was obstructing the settlement. I signed the deed as written.
By law settlement has to be made in accordance with the terms of the Purchase Agreement unless all parties agree to any changes. The lawyer did not ask or notify me of any changes (page 3). The Purchase Agreement requires that the lawyer represent only all or only none of the individuals comprising the single legal entity of "Seller" (page 2). If the lawyer is representing none he should not be sending them deeds to sign (page 4) or charging them for his services (page 7).
Please note that Edward White's version given to my mother (page 8) is different from the version given to the Bar investigator (pages 9 and 10). This is what they can get away with. Edward White does not even have to take an accountable position.
If I had let the secrecy or the deed drive me to hire another lawyer here, then again, Edward White could technically avoid fiduciary responsibility to me because I hired another lawyer (but remain in charge of the real estate sale that I am responsible for and which by definition requires fiduciary accountability), and I am made to appear as the adverse party represented by counsel. What stopped me from falling for the hire-another attorney-trap here is that I did not believe that a lawyer could get away with deviating from the terms of this straightforward Purchase Agreement.
Unless a just power intervenes a similar thing will happen if the Trustee tries to sell the remaining real estate (B8845 p1444 and B8307 p1446). They have already sabotaged the Trustee's planned sale of this real estate. The evidence is in their accounting of the estate of Jean M. O'Connell."
(See the pdf reference for the 10 pages of documents that are not included here)

Sabotage Sale, Again - http://www.judgesfairfaxcounty.com/judges2000/11saleagain3p.pdf
Summary
Accotink is our family's remaining real estate. It's valuable. I had a contract for it in 1989 for $1.15 million. The secret advisors have targeted it for takeover. To prevent a hostile takeover I asked my sisters to put it in a Virginia Land Trust with Anthony O'Connell as Trustee (B8845 p1444 and B8307 p1446). My sisters and I want to sell Accotink but Jo Anne Barnes and Edward White have already sabotaged the Trustee's planned sale by entangling it in their accounting of the Estate of Jean M. O'Connell and of their accounting of the Trust u/w of H. A. O'Connell. My sisters do not understand that these accounting entanglements are intended to sabotage the Trustee's sale. Jo Ann Barnes and Edward White create accounting entanglements and use them as takeover tools. It gives them control of an asset somewhat like an attachment, except that their entanglements are usually impossible to pin down and address, and only they, and not their clients, have the power to remove them. Because they control the entanglements they control the assets and people they entangle. They exercise these takeover tools at a critical time, such as during a sale negotiation and settlement of real estate. They are used to create conflicts, to set one family member against another, to divide and conquer, to supplant. A good example is in 1985, in the Needs how much in Testator.
The secret advisors have made it appear that I am responsible for the entanglements they created. I do not have the power to stop them from doing this or to compel them to remove the entanglements I know about. Unless a just power intervenes and compels the exposure and removal of all their accounting entanglements the Trustee has no prudent choice but to leave Accotink in the protection of the Virginia Land Trust. It would be walking into a known trap to try to sell Accotink until all their entanglements are exposed and removed and Accotink is left free and clear.
Known entanglements:
Entanglement using document entitled AGREEMENT CONFIRMING
DISTRIBUTION OF VEHICLE (Render Testator's Family Helpless, Set-up #1)
Entanglement by creating a debt from the Estate to the Trust (Render Testator's Family Helpless, Set-up # 3)
Entanglement using real estate tax (Render Testator's Family Helpless, Set-up #3)
Entanglement using gift (Maybe) (Render Testator's Family Helpless, Set-up # 6)
Entanglements that would have been unless I had openly pointed them out:
Entanglement of the 1991 capital gains tax of $28,334.00 in federal tax, plus penalties and interest (My Credibility).
Entanglement of the 1991 capital gains tax of $5,712.00 in Virginia tax, plus penalties and interest (My Credibility).
Entanglement of the 1992 capital gains tax of about $113,336.00 in federal tax, plus penalties and interest (My Credibility).
Entanglement of the 1992 capital gains tax of about $22,848.00 in Virginia tax, plus penalties and interest (My Credibility).
Unknown entanglements:
The pattern is that there will be surprises. That is one reason I need a 100% true and complete financial disclosure before trying to see Accotink.
Are there any other debts which your mother owed the Trust?
Edward White to Anthony O'Connell,, May 19, 1992"
(See the pdf reference for the 1 page document that is not included here)

My Credibility - http://www.judgesfairfaxcounty.com/judges2000/12credibility6p.pdf
Summary
My sisters used to trust me (page 1). Then the secret advisors attacked my credibility.
Why? Because (1) I have experience in accounting and they don't want my sisters and others like you to believe me, or, (2) because I have actually done some thing wrong?
(1) Common sense says the secret advisers would want me to see their accountings if they had nothing to hide. Especially after I point out their omission of $28,334.00 in federal tax and $5,712.00 in Virginia tax for tax year 1991 (page 2), and their planned omission of about $113,336.00 in federal tax, and $22,848.00 in Virginia tax for tax year 1992 (page 2-5). I have an MBA, I have worked for the IRS, and I have done my homework. I am the one who they most want to not see their accountings. or (2) If I have done something wrong, what is it? I can't get them to identify it (.......For
the umpteenth time, I will ignore your plaintive request that I identify your "wrongdoings", Edward White, July 20, 1995). Please compel Jo Anne Barnes and
Edward White (Please set aside whatever the innocent family may send you. Jean
Nader has been set up to protect them) to identify in writing exactly what it is that they have accused me of. Allow me to respond if they do. They should have some legitimate reason for destroying my credibility. They don't.
Now my sisters do not trust my advice. They trust the secret advisors advice.
About one million dollars in real estate is at stake (B8845 p1444 and B8307 ~1446). I believe my sisters will never understand that they should not trust the secret advisors advise unless they hear it from a just power.
I beg you; I literally get down on my knees and beg you, to verify fraud by trying to pin down Jo Anne Barnes and Edward White to an accountable position on their implications of my "wrongdoings". Why did they destroy my credibility?(page 3). If a Judge can't pin them down to an accountable position on this, please understand how the public and I can't."
(See the pdf reference for the 5 pages of documents that are not included here)

Correspondence with Judge Thomas S. Kenny - http://www.judgesfairfaxcounty.com/judges2000/13judgekenny16p.pdf
I am sorry to read that Judge Thomas S. Kenny died of cancer"
(See the pdf reference for the 6 pages of documents that are not included here)


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
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"
Ref:
(1) My letter to the Judges of July 24, 2000
(2) Commissioner's report of August 8, 2000

* * * * * * * * *

12.03.30 Because my letter to the Judge did not work I posted my first website. http://www.canweconnectthedotes.com

* * * * * * * * *

Use Jean Nader

Complaint

2012.08.30 (filed)
(AnthonyVIRGINIA:
IN THE CIRCUIT COURT OF FAIRFAX COUNTY
JEAN MARY O'CONNELL NADER,
Plaintiff,
                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
439 S. Vista Del Rio
Green Valley, Arizona  85614
and
SHEILA ANN O'CONNELL
663 Granite Street
Freeport, ME 04032
        Defendants
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.
E. For all such further relief as this Court deems reasonable and proper.
JEAN MARY O’CONNELL NADER
By Counsel
BLANKING & KEITH. P.C.
4020 University Drive
Suite 300
Fairfax, VA 22030
(703) 691-1235
FAX: (703) 691-3913
By: (seal)
       Elizabeth Chichester Morrogh
       VSB No.25112
       Counsel for Plaintiff

* * * * * * * * *

 

Chief Judge Smith letter of May 9, 2014, to Anthony OConnell, enclosing his Order of January 13, 2013., removing me as Trustee

[2014.05.09]
NINETEENTH JUDICIAL CIRCUIT OF VIRGINIA
Fairfax County Courthouse
4110 Chain Bridge Road
Fairfax, Virginia 22030-4009
May 9, 2014
Anthony O'Connell
439 South Vista De Rio
Green Valley, AZ 85614
Re: In Re: Harold A. O'Connell, CL-2012-13064
Mr. O'Connell,
I am in receipt of your multiple letters, the latest dated April 18, 2014, regarding the
above referenced_case. Please note that no action is initiated by sending correspondence to a
judge as all pleadings must be filed with the Clerk of Court. In fact, your communication is
considered to be an ex parte/communication to the court which is prohibited. Pursuant to Canon
3B7 of Canons of the Judicial Conduct tor the State of Virginia, judges can only permit or
consider ex parte communications if the judge makes provision promptly to notify all other
parties of the substance of the ex partecommunication and allows an opportunity to respond.
A hearing was held in the above-referenced case on January 25, 2013. A final order was
entered on January 28, 2013, a copy of which is enclosed. You will receive no further
correspondence from this Court regarding this matter.
Respectfully yours,
Chief Judge Dennis J. Smith
Fairfax County Circuit Court
CC: Elizabeth rvtorrogb, Esq.
Blankingship & Keith, P.(' ...
4020 University Drive, Suite 300
Fairfax, VA 22030
Encl: Order from 1128113

[2013.01.25]
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".  [Assuming Judge Smith is referring to http://www.chiefjudgesmith.com/18responses/overview62p.pdf , why didn't he recognize my Deed as Trustee? And that it and the Trust Agreement clearly state that the Trustee is not individually liable?]
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 IUleged in Plaintiffs Complaint is appropriate.
IT IS THEREFORE ORDERED:
A. That judgment in favor of Plaintiff Jean Mary O'ConnellNader as to Count lof 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 ofthe Land Trust Agreement, including'but not limited to, the trustee's compensation under paragraph 9~01, and aU interest on advancements by the trustee to . the trust for payment ofreal estate taxes pursuant to paragraph 9.03; are hereby disallowed and deemed forfeited;
B.'That judgment in favor ofPlaintiffJean Mary O'Connell Nader as to Count II of the Complaint be, and hereby is,granted; that Anthony Minor O'Connell is hereby reD;1oved 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 ofPlaiIitiffas to Count III ofthe Complaint be, and hereby is, granted; that PlaintiffJean Mary O'Connell Nader is he~by appointed as successor trustee under the Land Trust Agreement and as trustee ofthe trust under the Last Will and Testament ofHarold A. O'Connell; that the term ofthe Land Trust Agreementis 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 prbceedsis 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 wonable 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) (Chief Judge Dennis J. Smith)
Judge

Comments:
1) If  "Response to Summons Served on September 8, 2012" in item 1 of Chief Judge Smith's Order is referring my response http://www.chiefjudgesmith.com/18responses/overview62p.pdf , why didn't he recognize my Deed as Trustee? And that it and the Trust Agreement clearly state that the Trustee is not individually liable?

2) Seventeen (17) of my eighteen (18) responses to the complaint disappeared after being received by the Court on 9/25/2012 at 10:44 AM.  Stephanie Walker signed for them. They weighed 6 lbs and 1 oz and cost $62.85. USPS EI480187651US.
http://www.chiefjudgesmith.com/18responses-web/18responses-home-web.html


1) http://www.chiefjudgesmith.com/18responses/1-545820-23p.pdf
2) http://www.chiefjudgesmith.com/18responses/2-bk467p191-8p.pdf
3) http://www.chiefjudgesmith.com/18responses/3-blueprint4p.pdf
4) http://www.chiefjudgesmith.com/18responses/4-canweconnectthedots2p.pdf
5) http://www.chiefjudgesmith.com/18responses/5-codeofconduct18p.pdf
6) http://www.chiefjudgesmith.com/18responses/6-commitments-Individually8p.pdf
7) http://www.chiefjudgesmith.com/18responses/7-compute-tax-test35p.pdf
8) http://www.chiefjudgesmith.com/18responses/8-exceptions1994disappeared.pdf
9) http://www.chiefjudgesmith.com/18responses/9-exceptions2000disappeared.pdf
10) http://www.chiefjudgesmith.com/18responses/10-overview72p.pdf *
11) http://www.chiefjudgesmith.com/18responses/11-percentages12p.pdf
12) http://www.chiefjudgesmith.com/18responses/12-precedence17p.pdf
13) http://www.chiefjudgesmith.com/18responses/13-tax-records94p.pdf
14) http://www.chiefjudgesmith.com/18responses/14-trust-deed-invisible175p.pdf *
15) http://www.chiefjudgesmith.com/18responses/15-trust-documents42p.pdf *
16) http://www.chiefjudgesmith.com/18responses/16-unknown14p.pdf
17) http://www.chiefjudgesmith.com/18responses/17-usingIRS15p.pdf
http://www.chiefjudgesmith.com/18responses/all-18responses714p.pdf

* Included a copy of my Deed as Trustee