OHIO - Judge Sherrie Miday is allowing a racketeering lawsuit to proceed in a claim involving a retired surgeon’s 85 year old wife who was guardianized and is currently a ward of the state in Ohio.
Dr. Mehdi Saghafi, 88, sued a construction company, 8 lawyers, a CPA and a court appointed guardian in January 2019, alleging that he had been forced to divorce his wife Fourough Bakhtiar Saghafi so that $8 million in marital assets could be transferred and liquidated, according to a press release.
“The court finds that plaintiff’s complaint states facts demonstrating viable claims for relief on all of plaintiff’s claims and that this court has subject matter jurisdiction to adjudicate the claims,” wrote Cuyahoga County Court of Common Pleas Civil Judge Miday in her Aug. 20 decision. “As such, the court finds that dismissal of plaintiffs’ complaint is not proper and movants are not entitled to judgment as a matter of law.”
Defendants, represented by the Tucker Ellis law firm, had moved the court to dismiss on Aug. 2.
“The court finds that it is premature to convert the motions to dismiss to motions for summary judgment,” stated Judge Miday in her ruling.
A ward of any state in America is typically a senior citizen experiencing cognitive decline or a younger adult with physical or developmental disabilities. However, once appointed a guardian by a probate Judge, a ward is subject, against their will, to the liquidation of their assets, sedation by physician-prescribed psychotropic drugs, the denial of choice of food, marital status, health insurance, medical care and visits with friends and family members.
“This case involves much more than allegations against the fiduciary of an estate,” stated Judge Miday last week. “Plaintiff’s complaint includes allegations that occurred prior to the guardianship being established and includes allegations that the defendants were involved in a larger scale scheme against the plaintiffs and/or Mrs. Saghafi.”
The ruling comes at a time when adult guardianship programs nationwide are under fire with allegations of neglect, abuse and financial exploitation. As reported in the Southeast Texas Record last week, U.S. Representatives Darren Soto, Charlie Crist and Gus Bilirakis of Florida as well as Debbie Dingell of Michigan re-introduced HR 4174 on Aug. 7 to enact protections from the risks of abuse and neglect under guardianship.
“This legal form of kidnapping is happening in communities across the country, in many cases with little or no recourse available, and recently in Florida directly resulting in a death,” said Congressman Crist in a joint statement posted online.
Problems reported in Dr. Saghafi’s lawsuit include allegations that despite the recommendation of a court-appointed officer, a convicted felon was appointed the guardian of Mrs. Saghafi and that marital assets were used to employ a criminal defense attorney.
“Jaleh Presutto was removed as guardian for criminal activity three times and was reappointed despite pleading guilty to multiple charges of forgery and theft for defrauding the Amhurst school system last year," said Dr. Saghafi's attorney Charles Longo. "By law, Mrs. Saghafi's funds are only supposed to be used for the care and needs of Mrs. Saghafi not legal fees but Mrs. Saghafi's funds were used to finance her personal attorney, Neil Spike, $270,000.00, most of which was paid when Presutto had been removed as guardian."
In addition to Presutto, Defendants named in Dr. Saghafi’s complaint include Custom Contractor C. Francis Builders, Accountant Stephen Sartchev, Guardian of the Estate Zachary Simonoff, Attorney Eric Zagrans, Attorney Rachelle Kuzwick Zidar, Attorney James Reddy, Attorney Lisa Hahn, Attorney Joyce E. Barrett, Attorney Stephen Wolf and Phillip Presutto, Jr.