OHIO - The forlorn, physician husband who sued for alleged racketeering has opposed a court appointed guardian’s motion for an Order that would limit subpoena power concerning the finances of his 85 year old wife whom he was allegedly forced to divorce after she was guardianized by the Lorain County Probate Court six years ago.
Cuyahoga County Court of Common Pleas Civil Judge Sherrie Miday has yet to rule on Dr. Mehdi Saghafi’s Nov. 22 brief in opposition to Defendant Zachary Simonoff’s Motion for a Protective Order filed on Nov. 14, according to a press release.
“The documents Simonoff seeks to conceal are bank records relating to the financial activities of [Mrs. Fourough Bakhtiar Saghafi’s] Guardianship,” wrote Dr. Saghafi’s attorney Charles Longo in his pleading. “These records are clearly relevant to the Claims raised in this case, and are “public” records for the reason that such records are routinely found in probate court files and are attached to inventories and accounts filed in guardianship proceedings.”
In January 2019, Simonoff, who is guardian of the estate of Mrs. Fourough Bakhtiar [Saghafi], was sued under the state of Ohio’s Organized Crime Control Act by Dr. Saghafi, 89, who had been married to Mrs. Saghafi for sixty years and with whom he shares five children and ten grandchildren.
As previously reported in the Southeast Texas Record, Dr. Saghafi alleges spending has been frivolous and unnecessary and that prior court judgments were obtained from Lorain County Probate Judge James Walther without jurisdiction and improperly issued in alleged sham court proceedings.
“The claims in the subject RICO case are directed against persons who have utilized the Guardianship as a criminal tool to further their respective interests,” wrote Counselor Longo, the Plaintiff’s attorney.
However, Defendant Simonoff’s attorney, Theresa Richthammer, stated in her motion for a protective order that financial information related to the Ward [Mrs. Saghafi] is confidential and not subject to disclosure.
“Since receiving responsive documents, it appears that Plaintiffs, or at least their counsel, have shared the documents with persons who are not parties to this case,” wrote Counselor Richthammer in her pleading after the Plaintiff physician issued subpoenas to the Vanguard mutual fund company, Northwest Bank and Fifth Third Bank.
At the core of the racketeering lawsuit are allegations that Guardianship funds have been misused by the Defendants.
In addition to Simonoff, other defendants named in Dr. Saghafi’s complaint include Custom Contractor C. Francis Builders, Accountant Stephen Sartchev, Attorney Eric Zagrans, Attorney Rachelle Kuzwick Zidar, Attorney James Reddy, Attorney Lisa Hahn, Attorney Joyce E. Barrett, Attorney Stephen Wolf as well as Jaleh and Phillip Presutto, Jr.
“Bank records now establish that Guardianship funds are being siphoned from the Guardianship to pay Tucker Ellis, the law firm that continues to represent multiple Defendants in this matter,” Longo wrote in his brief on behalf of Dr. Saghafi.
By law, Mrs. Saghafi’s funds are only supposed to be used for the care and needs of Mrs. Saghafi.
Longo stated, "His [Simonoff] claims of confidentiality only serve to protect him from the scrutiny required to resolve the instant matter, and must fail before the public’s interest in protecting the elderly and incompetent from exploitation."
Dr. Saghafi’s lawsuit is being litigated at a time when adult guardianship programs nationwide are under fire with allegations of neglect, abuse and financial exploitation.
Just last week, Florida’s House Children, Families and Seniors subcommittee unanimously passed HB 709, which increases oversight after former Orlando court-appointed guardian Rebecca Fierle was investigated for placing do not resuscitate orders on an aging patient who did not want to die and for allegedly double-billing patients and a local hospital without the court’s permission.
“It is heartbreaking to see savings robbed, families torn apart and lives ended because of the selfishness of individuals in a guardian position,” said Republican State Representative Colleen Burton of Lakeland, Florida in a joint statement online. “That ends with this legislation. HB 709 will protect Floridians from guardians seeking to take advantage of these vulnerable adults.”
The Justice subcommittee will now consider the proposed bill. If enacted, HB 709 would increase protections for individuals under guardianship in the state of Florida by eliminating conflicts of interest, ensuring the vulnerable adults’ finances are protected and prohibiting the guardian from signing “do not resuscitate” orders without permission from the court.
“Unfortunately, we have seen too many bad actors in a guardian position preying on Floridians who need help the most and the decisions they’ve made have had severe consequences on Florida families,” said Republican Senate Majority Leader Kathleen Passidomo of Naples, Florida.
As in Mrs. Bakhtiar [Saghafi]'s case, a ward of any state in America is typically a senior citizen experiencing cognitive decline or a younger adult with physical or developmental disabilities. 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 even visits with friends and family members.