5470 SO Greenwood St.
Littleton, CO 80120
303-730-2100 – Fax 303-347-2100 – Email firstname.lastname@example.org
July, 15, 2011
Larry Allen Fail / MacPhale, and Adam Lawrence Fail
Gary A. Nelson
On the recommendation of the Attorney General’s Office of the State of Kansas, I am hereby requesting that the DISPLINARY ADMINSTRATOR open an investigation of Attorney Gary A. Nelson, and herein offer the following supporting information and documents. Letter dated December 29, 2010 from Office of the Attorney General.)
( Exhibit 1.)
This is a case where Kansas Lawyer Gary A. Nelson gained inside information over a long period of time, saw an opportunity to enrich himself, and took full advantage of a dysfunctional family situation and Ivan J. Fail et al and an engaged in self dealing, unjust enrichment, dishonesty and fraud. Fraud against the Plaintiffs / Complainants and the wishes of Ivan J. Fail and Helen B. Fail by having his name placed on a Real Estate deed to land that they intended to go to the Plaintiffs / Complainants. Lawyer Gary A. Nelson used various members of the family, sibling rivalry and discontent to successfully carry out and complete his fraudulent enterprise and became part owner of the land in question with the other defendants and his wife Tonia Dedeke Nelson and for the benefit of his mother in law, Iva June Dedeke, Tonia’s mother. (See Letters and Documents in Exhibit 20 – large package.)
It is my opinion that Gary A. Nelson also engaged in Medicaid Fraud on behalf of his mother in law Iva June Fail Dedeke by having 200 acres of land intended for her (in a prior deed dated May 18, 2000) deeded to himself and his wife Tonia in a deed dated April 11, 2005. It was with within the same time frame that June Dedeke went on Medicaid. (See deeds in Exhibit 20, group 3 of letter to the FBI.) Gary A. Nelson is also complicit with his wife Tonia Dedeke Nelson, and his mother in law Iva June Fail Dedeke in preventing me from seeing my father for three weeks before he passed. They did this to prevent me from seeing and/or talking with my father about the deed problem and resolving it after they had learned that I had discovered the deed with the Nelson’s names on it in late November 2005 to land that I was supposed to get. Upon learning that I had discovered the deed they immediately placed my father in a Rest Home and issued a no Contact Order against me. He died under mysterious circumstances shortly thereafter and they had him in the ground within 48 hours. Alleged cause of death – Congestive Heart Failure. (See Exhibit 20 – Large package. Letter dated November 19, 2010 to The Honorable Mark Parkinson Governor of Kansas – Exhibit 2. “ACQUIRED DELAYED RECTIFIER CHANNELOPATHIES, how heart disease and antiarrhythmic drugs mimic potentially-lethal congenital cardiac disorders.”
A few months prior to this they had engaged in similar trickery pertaining to the deed of my brother’s land when my sister Iva June Fail Dedeke attempted to take my Brother John Roy Fail’s land from him on Memorial Day week end 2005. See “No Contact Order” dated 06/23/2005. This was shortly after June’s Memorial Day attempt to steal John’s land, and redated 11/30/2005. I was unaware of this “No Contact Order” until I discovered the Nelson’s names on my deed in later November 2005.
(See Exhibit 8) and (Exhibit 20, Group 1 with supporting Emails and letters.)
Lawyer Gary A. Nelson represented my father Ivan J. Fail at various times over the years. Additionally he gave my father legal advice on estate planning, how to avoid probate and/or keep Real Estate out of Probate Court using Transfer on Death Deeds. My father had told me this several times over the years. He trusted Gary Nelson and he was a long time friend of Gary Nelson’s father Dale Nelson, and he respected and trusted him. (See Dale Nelson Letters on web site http://www.failvfail.com) Gary A. Nelson married into the very dysfunctional Fail / Dedeke family as illustrated by the 1981 & 1982 Leavenworth Documents. See the Dedeke Death Threats and supporting letters between family members and law enforcement in three different States. (See Exhibit 20 Group 2, and Leavenworth Documents.) Proof of the family being extremely dysfunctional is further illustrated by defendant Ivan Lee Fail’s letters to Plaintiffs attorneys Ted Knopp and Kurt Kluin, and to Plaintiff Larry Fail. (See Exhibit 6) & Plaintiffs Notice to The Court, and Motion For Relief (Exhibit 20- Group 2 & 4.)
Lawyer Gary A. Nelson’s codefendant Ivan Lee Fail continues to distort the facts and threaten Plaintiff Larry Fail. See Ivan Lee Fail in The Federal Observer. Posted June 9, 2011. (Exhibit 11.) Added: Monday, June 20, 2011 at 1:14 pm by MacPhale (reply) Ivan posted false and misleading information against sibling Larry Fail being unhappy that he did not inherit the property. The only sibling disinherited. Larry Fail replied. (See Exhibit 12.)
Godlike Productions Blog posting. 6/9/2001. Quoting anonymous Coward 773944, Bump “Shut up before I shut up.” Believed to be from Ivan Lee Fail. Nickname “Bump.” (See Exhibit 12.) With my reply.
On November 16, 2007 at 10:50 AM I received an Email in my message box Email address: To Larry@requestusa.com
From: Jay J Henegar email@example.com
Email Title: “YOUR DAYS ARE NUMBERED.” The Email is a Death Threat and Extortion demand for $10,000. I believe the Email is from Ivan Lee Fail intended to scare me off and get me to stop my litigation in Fail v Fail – Wilson District Court Case CV 2006 25.
It falls within the same time frame as the two threatening letters that he mailed to my two attorneys. Letter to Ted Knopp 03/22/2006, and letter to Kurt Kluin 09/07/2007, and also the call that Attorney Gary A. Nelson made to my prospective Brian Grace on or about January 16, 2009. See “Plaintiffs Motion To The Court For Relief”) (See Exhibit 6.)
To read complete text of Email death threat. (See Exhibit 13.)
I received another Email dated Sunday, November 18, 2007 at 4:43 PM.
From Craigslist forums firstname.lastname@example.org
TO: email@example.com. My Email address.
Email Title: “LARRY KNOWS THAT ALREADY.”
Sub Title: “LARRY KNOWS THAT ALREADY” 2007-11-18 07:43:11
(It is my opinion that fulaf means f you larry allen fail.)
Message: “Don’t you know buddy. You know that if any of this was true you would have already turned it in.” (See related Emails attached.) . (See Exhibit 14.)
I received another Email dated February 12, 2009 at 9:21 AM.
From fulaf firstname.lastname@example.org
Message: Contains defamatory and false statements about Larry Fail/Larry MacPhale. (Exhibit 15.)
My reply Email at 1:48 PM.
Message: “Dear fulaf (f*KU Larry Allen Fail) “Our Parents would be so
ashamed of you.” Read the remainder of my message. (Exhibit 16.)
I received another Email dated , Tue Dec 7, 2010 at 10:25 AM
From: wst_ email@example.com
First Name : june
Last Name: dedeke
Text: “Life is to short to keep fighting.” Read remainder of message and reply from Larry MacPhale and Adam Fail. (Exhibit 17.)
Lawyer Gary A. Nelson had his name placed on a Transfer on a Death Deed to Real Property that my both of my Parents intended for me to receive upon their deaths. My father Ivan J. Fail signed the deed on April 11, 2005. Lawyer Nelson lied about it under oath in his deposition with false, misleading and disingenuous statements to purport and/or contend that he had no knowledge of his name being on the April 11, 2005 deed until December 23, 2005, the day Ivan J. Fail was buried. Lawyer Nelson is married to Tonia Dedeke Nelson. Tonia is the daughter of Iva June Fail Dedeke. June is the daughter of Ivan J. Fail, and the sister of Larry Fail – MacPhale. Ivan J. Fail was in the care of June when June called lawyer John Rubow and had him prepare two Transfer on Death Deeds. Both dated April 11, 2005. Both with the names of Gary A. Nelson and Tonia Nelson as grantee beneficiaries. One deed replaced a 2000 deed with the name June Dedeke on it for 200 acres of land that my parents wanted her to have when they passed. The other deed was for land that my parents wanted me to have after they passed. It replaced a 2000 deed with the names of June Dedeke, Ivan Lee Fail & John Roy Fail as they were holding the land in trust for Larry Fail and/or his son Adam Fail. The 2000 deed was replaced with the 2005 deed with June’s name replaced by the Nelson’s names for two reasons. One was to defraud Medicaid (in my opinion.) The other reason was to defraud me and take my land for the benefit of Lawyer Gary A. Nelson and Tonia Nelson.
This was not the first time that June Dedeke attempted to steal someone’s land for her daughter Tonia and son in law Gary A. Nelson. Without question I believe that both Gary A. Nelson and Tonia Nelson had knowledge of the following event and guided, instructed and advised June Dedeke in her attempt to swindle John Roy Fail out of his 360 acres of land with buildings worth $720,000 in exchange for June’s 200 acres of raw land worth $400,000. On or about Memorial Day 2005 June had also gotten the names of Gary A. Nelson and Tonia Nelson placed on deeds that were also prepared by John Rubow and had Ivan J. Fail sign them in front of a Notary Public in his Hospital room in Parsons Kansas. First hand eye witnesses to this event were myself, Larry Fail – MacPhale, John Roy Fail, Patty Hon, June Fail Dedeke and the Notary Public. This fact is verified in the Depositions of John Rubow, dated March 14, 2008. (Exhibit 3 – (Page 68, 69, 70, 71.) Also marked as Plaintiffs’ Exhibit No. 191. Also in the Depositions of John Roy Fail and Ivan Lee Fail. (Available upon request.) Taped Conversations after the date also witness the event. Tape Transcripts after the date can be read on http://www.failvfail.com under Tape Transcripts.
During the event while in the Hospital room, I strongly voiced my objection to my father Ivan J. Fail to the taking of John Roy Fail’s 360 acres of land with the Home place improvements by June Fail Dedeke. I told him that both he and my mother had wanted John to get the land and that is the way it should be. It was then that my father told June that the deal was off and to leave it the way it was and John Fail was to get the land. I saved John’s 360 acre farm home place and buildings worth $760,000. John thanked me by working with Iva June Dedeke, Gary & Tonia Nelson, Ivan Lee Fail, & Patty Hon in the taking of my land.
Two hours after my father passed John deeded the 360 acres to his girl friend Patty Hon that I had saved for him. He also deeded his interest in my land that he was holding in trust for me to Patty Hon. Patty Hon was a High School classmate of June Fail Dedeke in the 1960’s. A few years before June had “Set John Up” with Patty as his girlfriend.
The April 11, 2005 deed. In the opinion of attorney Jim McIntyre, the April 11, 2005 deed that my sister got my father to sign did not superseded the Constructive Trust. He believes that my father had no authority to sign the deed. He further believes that the Constructive Trust agreement was frozen in place when my mother passed on January 31, 2000. None of my other lawyers raised this theory. They never even raised it as a possibility. Unfortunately for me and my kids I was unable to make this argument to the Court prior to the granting Lawyer Nelson’s Summary Judgment. I was denied my day in Court by Judge Rogers as he would not allow much of my evidence to be admitted and/or considered and then granted Lawyer Gary Nelson’s Motion for Summary Judgment.
Lawyer Nelson’s dishonesty and fraud upon the Court duped Judge Rogers into granting Nelson’s Motion For Summary Judgment. Lawyer Nelson high jacked and tricked the system. Justice denied as a result of fraud. Setting all of this aside, I also feel that my father thought that the property was being held for me by my siblings in trust for me until my Colorado Legal Case was resolved which it was in March 2003. I prevailed and got a Federal Judgment in U S District Court in Denver against Kenneth Edward Kolbjornsen and his wife Hannalore Kolbjornsen. Google their names and Ad-X International. Inc. for more specifics. I also got Lawyer Kolbjornsen disbarred for committing Bankruptcy fraud against me.
Setting aside the threats that I witnessed my sister making to my father in October & November 2005 to get him to sign another document, I will never know what assurances, June made to my dad to lull him into signing the April 11, 2005 deed to my land. As earlier stated June also had him sign a deed dated April 11, 2005 to the 200 acres of land that she was supposed to get but deeded it to Gary A. Nelson & Tonia Nelson ( to defraud Medicaid, in my opinion.) at the exact same time she had my father sign the April 11, 2005 deed to my land. He would sign anything that she told him to sign.
There was a Constructive Trust and it was the intent of my parents Ivan J. Fail and Helen B. Fail who passed in 2000 that the land in question would go to Larry Fail – MacPhale
and his son Adam Fail. The enclosed Transcripts of Tape recorded conversations with corresponding CD and Cassette tape illustrate this fact.
The Transcripts of all thirty four (34) tape recorded the Conversations with corresponding Cassette Tapes or CD’s will be made available upon request See and read Transcripts listed under “Tape Transcripts” on http://www.failvfail.com front page.
See Tape Transcripts Index. (Exhibit 7.)
(Exhibit 7 A.)
Tape Transcript dated July 2, 2000.Ivan J. Fail and Larry Allen Fail Conversation.
Can also be seen at FailvFail.com – Tape Transcript Number 2.
Page 4, Lines 2 – 8. Ivan Fail is telling Larry that he went to Bump (Ivan Lee), June and Jack (John) and it’s all set up and the property is deeded to them and later the property will be deeded to you (Larry.)
(Exhibit 7 B.)
Tape Transcript dated July 28, 2000. Ivan J. Fail and Larry Allen Fail Conversation.
Can also be seen at FailvFail.com – Tape Transcript Number 4.
On Page 3, Lines 13-23 & Page 4, Lines 3-5. Ivan Fail is telling Larry that he is going to put everyone (his siblings) on their honor. Page 4. Ivan J. Fail states he hopes that they carry his wishes that he takes to his grave. The conversation is about my siblings holding both the Colorado and Kansas property in trust for me in their names that both my father and mother wanted me to have. They later transferred the Colorado property to my father and son Adam as they were requested to do so by me, my father and his Lawyer John Rubow. They were to also to transfer the Kansas property but Rubow never prepared the deeds they refused to honor the constructive trust. On page 8, my father tells me the farm and the Horse Ranch will be yours.
(Exhibit 7 C.)
Tape Transcript dated January 21, 2001. Ivan J. Fail and Larry Allen Fail Conversation.
Can also be seen at FailvFail.com – Tape Transcript Number 6.
Wherein on Page 3, Lines 17-20. Ivan J. Fail states, well. I told Him (Rubow) that he wants the Kansas property to go to Adam/Larry the same as the Colorado property.
(Exhibit 7 D.
Transcript dated March 14, 2001. Ivan J. Fail and Larry Allen Fail Conversation.
Can also be seen at FailvFail.com – Tape Transcript Number 7.
Page 4. Lines 1 – 23. Wedding of Lawyer Gary A. Nelson and Tonia Dedeke in March 2001. On page 11, they are discussing Ivan J. Fail’s wishes and intent that the Kansas subject property goes to Larry Fail and his son Adam.
(Exhibit 7 E.)
Tape Transcript dated August 5, 2003. Ivan J. Fail and Larry Allen Fail Conversation.
Can also be seen at FailvFail.com – Tape Transcript Number 10.
Pages 5, Lines 13 – 19.
Ivan is telling Larry that June and husband Gene (Dedeke) had animosity when he gave the Horse Ranch to Larry. (She got it anyway with Lawyer Nelson’s Help.)
Lines 17 -22 Ivan about Larry was the one that got the 38 acres plugged in out there. (Colorado land traded for the Horse Ranch in 1997 with 1031 tax free exchange.)
Line 21 Ivan saying Got it sold high. (Colorado Land)
Lines 23 -24. Ivan saying. “You hadn’t always got all your division on some of the other stuff.”
This is more proof that there was a partnership between Ivan J. Fail & Larry Allen Fail. It lasted from mid 1970’s when we purchased 600 acres in Adams County Colorado together until the day my father passed, December 21, 2005. My siblings and Lawyer knew of this partnership and complained about it for 30 years then denied that a partnership existed in their “AFFIDAVIT OF HEIR” Exhibits 12, 13, 14 & 15 to Lawyer/Defendant Nelson’s Motion For Summary Judgment. Exhibit 4 to this Complaint. Further evidence in the 34 Tape Transcripts on FailvFail.com.
Further evidence of a Partnership contained in the Depositions of Ivan Lee Fail, John Roy Fail available upon request by the Investigator.
(Exhibit 7 F.)
Tape Transcript dated June 4, 2005. Ivan J. Fail and Larry Allen Fail Conversation.
Can also be seen at FailvFail.com – Tape Transcript Number 15.
Issue dealing with his frustrations with June Fail Dedeke, and Larry Fail’s concerns with safety and death threats. Wherein on Page 4. Lines 13 – 14. My concern with dad giving John the farm to John then attempting to take it back and give it to June on Memorial Day week end 2005. I was able to talk him out of doing it. Page 4. Lines Page 6. Lines 1 – 2. Ivan J. Fail stating “The whole thing all boils down to the problem in the whole situation is June.” Lines 9 – 13 Tonia Nelson Issues.
Page 10. Lines 23 & 24, Page 11. Lines 1-24. Ivan Lee Fail told Larry Fail that June had other motives other than coming over and taking care of dad. ( It was to steal John’s land.) She already had mine on the April 11, 2005 deed that I was unaware of until late November 2005. When I discovered it and June was told by Ivan Lee that I had found out she rushed him to the Prairie Village Retirement Village and issued her no Contact Ordered against me until he died. She had him in the ground in 48 hours to in my opinion avoid an autopsy.
Page 12. Lines 1 – 24. Lines 1 – 24. Discussing Ivan J. Fail canceling the deed on the land that June attempted to take from John Fail on Memorial Day 2005. Larry saving John Fail’s land for him. Page 13. Lines 1 -23. Continued discussion about the deeds and who got what land. Lines 19 – 23 about Gene (Dedeke – June’s husband) going back to Missouri because he did not get a deed to the farm. Page 14. Lines 1 – 24. Continued conversation about the deeds to the Home Place farm that June got Ivan J. Fail to sign on Memorial Day weekend attempting to steal John Fail’s Farm. Larry Fail got him to cancels the deal. Lines 19 – 24. Deeds staying in John Fail’s name.
Page 15. Pages 1 – 24. Continued conversation about the deeds to the home place and Gene Dedeke deed and safety issues.
Page 22. Lines 1 – 23. Problems with June. Continued on Page 24. Lines 1 – 23. June attempting to take John’s farm. Lines 3 – 8. Ivan J. Fail stating. “All of us have to get down to one point, there’s nobody to blame for this thing, that can straighten it up, and heal it up, only June.” In my opinion she did nothing to heal anything, she killed my father, Ivan J. Fail. Page 24. Lines 10 – 14. Larry Fail telling Ivan J. Fail to get the deeds voided ( that June had him sign on Memorial Day 2005 taking John’s farm from him.) Lines 15 – 16. Ivan J. Fail saying he will check with Attorney John Rubow to see what’s happening (with the deeds to John’s farm that June had and dad wanted canceled.) Page 25. Lines 17 – 24. Larry Fail about calling the Sheriff and safety issues (with The Dedeke’s.) Page 26. Lines 1 – 23. Safety issues (with the Dedeke’s.) Page 27. Lines 1 – 23. Relationship information. Lines 8 & 9. Ivan J. Fail stating he has been on Larry’s side all the way. Lines 11 – 13. Ivan J. Fail telling Larry Fail “If it hadn’t been for Larry, there wouldn’t any of us been in this shape.” (Having $2,000,000 worth of land to split up.) This conversation took place after the April 11, 2011 deed. My father was an honest person and he would not tell me one thing and do another. Every one that knew him would attest to this fact. This conversation illustrates the fact that he felt the Kansas Properties was going to go to Larry and/or Adam Fail.
(Exhibit 7 G.)
Tape Transcript dated December 4, 2005. (Short Version)
Ivan Lee Fail and Larry Allen Fail Conversation.
Can also be seen at FailvFail.com – Tape Transcript Number 27.
Discussing the subject property.
Page 1. Lines 10 – 13. Ivan Lee Fail states “I think there may be a case of Fraud.” Page 19 – 23. Discuss about Deed progression, understood by Ivan Lee Fail. Page 2 Lines 1 – 11. Continued discussion about deed progression issues. Lines 12 – 23. Ivan Le Fail tells Larry Fail. “ If this thing winds up in Court, if we can’t get it settled before, I will testify to the fact that dad always told me that the 160 acres and the Horse Ranch went to Adam and You.” Page 3. Lines 12 – 24. Ivan Lee Fail promising to send Larry Fail and all parties a Notarized letter that he knew that our father wanted Larry &Adam to have the Kansas Land. Lines 23 & 24 stating “I am not going to back pedal on you.” He lied – he did back pedal on us and joined my sister and the other defendants and split the spoils.
Page 4. Lines 1 – 24. More conversation that Ivan Lee Fail knows that Ivan J. Fail wanted the Kansas Land to go to Larry & Adam Fail and the Power of Attorney issue. Page 5. Lines 1 – 24. Conversation continued. Page 6. Lines 1 – 24. Discussion of the Kansas property, Ness County minerals, 160 acres and the Horse Ranch to go to Larry. Frank Greve’s Problems with Gene & June Dedeke and the Pick Up Truck.
Page 7. Lines 1 – 15. Continued conversation about dad wanting Frank Greve to get dad’s Pick Up truck.
(Exhibit 7 H.)
Tape Transcript dated December 5, 2005.
Ivan Lee Fail and Larry Allen Fail Conversation.
Can also be seen at FailvFail.com – Tape Transcript Number 28.
Wherein Ivan Lee is telling Larry that their father Ivan J. Fail told him – on the same day that the Kansas properties were to go to Larry & Adam Fail.
Page 1. Lines 18 – 22. (Ivan Lee Fail talking with Ivan J. Fail in rest Home in St Paul Kansas.) Ivan Lee Fail: “I says, I need to – dad, I said I need to ask you some questions on Larry’s Behalf, and I think that there has been an over sight that does not protect him in – on the George 160, the horse ranch, and the oil well at Ness County, Kansas.”
Page 1. Lines 24 – 25. Ivan Lee Fail. “The record that I – that he read – and I said, The records at the court house at the (Page 2. Lines 1 – 3.) Courthouse show that the George 160 is going to be split between Jack, Tonya and I.” And I believe that’s right, if I remember right. And I don’t remember what it was on the horse ranch. So –.”
Page 2. Lines 4 5. Larry Fail. “Same thing. It’s on the same deed.”
Page 2. Lines 8 – 12. Ivan Lee Fail – Continued conversation with Ivan J. Fail.
“But Larry and I think that’s wrong. We both remember that the George 160 acres, the horse ranch, and the Ness County income is to go to Larry and Adam; is that right? And, if so, I will contact John Rubow in the morning and get it corrected.”
Page 2. Line 13. Ivan J. Fail. “Yeah, that’s right.”
Page 2. Line 15. Larry Fail. “Is that what he said?”
Page 2. Line 16. Yeah.
Page 4. Lines 8, 12, & 19. Ivan J. Fail answers “YES” in the Affirmative that he wants the properties to go to Adam & Larry. Ivan J. Fail states four (4) times that he wanted the property to go to Adam & Larry.
Page 5. Lines 16 – 20. Ivan Lee Fail. “And, by the way he – I do think (indiscernible) I don’t know whether he was dehydrated or what the deal was. But he does, mentally and everything, he is more alert and everything than he was at home. So I don’t know if they are exercising him a better diet or what.” (Competency issue)
Lines 21 – 23. Larry Fail. “God, I – Bump, I want – I’d like for him to stay there for as long as we can. I mean I’m serious –.” I wanted him to stay in the Rest Home so that he would be protected from June & Gene Dedeke at his home. In my opinion they killed him in the rest home.
I know that June was medicating my father to dumb him down when he was at home because she did not want me to discuss the deed with him. I did not know that then. The last time that I talked with my father when he was not medicated and coherent was on November 4th 2005 when he called me about 10 P.M. at night. I was driving in my van. He asks me how I was doing. He wanted to know that I got back to my home in Littleton Colorado as I last seen him on November 2nd when I kissed him good bye for the last time. I had witnessed my sister June and her village idiot Gene threatening my father and treating him badly that I consider Elder abuse. The last time that I talked with my father was when I called him on November 17, 2005. June had him so was so doped up that he did not even know who I was. I tape recorded the call.
To further illustrate June’s fear of me talking with my father see the two Emails dated November 24, 2005 11:30 AM and 11:52 AM from June Dedeke to Ivan Lee Fail located in (Large Package) Exhibit 20. Letter dated March 11, 2009 to Joe Meisinger, Special Agent FBI. Exhibits – Group One (Yellow Sheet) Exhibit C. June states therein that when she see’s my number on her Phone ID she just lets it ring. She also admits that she prevented dad from talking with his lawyer.
Continuing with Exhibit 7 H. Page 6. Lines 3 – 4. Larry Fail . I’m – I’m scared for his safety out there. I really am Bump. I really am.” Lines 12 – 13. Ivan Lee Fail. “That – it’d be a lot easier if he wasn’t so damn mentally alert.” Evidence that Ivan J. Fail was Mentally alert and Competent on December 5, 2005.
Lawyer Gary A. Nelson knows that my father wanted me to have the Kansas property. He simply wanted it for himself. December 5, 2005 was well after the April 11, 2005 deed that June tricked my father into signing. She used the bogus promise that she would honor the Constructive Trust and see that Larry & Adam got the property. Gary A. Nelson dances away from the fact and perverts the truth that Ivan J. Fail told Ivan Lee Fail four (4) separate times on December 5, 2005 that he wanted the property to go to Larry and Adam Fail. To side step this problem and to pull off the fraud and theft of the property – Lawyer and defendant Gary A. Nelson prepared Four (4) “AFFIDAVIT OF HEIR documents. One for himself. One for Ivan Lee Fail. One for Iva June Dedeke. One for John Roy Fail. Nelson signed his under oath. He also instructed the other defendants to sign theirs under oath which they did. “ (Exhibit 4)
The “AFFIDAVIT OF HEIR” documents stated that Ivan J. Fail was not competent as of November 29, 2005 and never regained competency before Death. This self serving self dealing statement is meaningless and only illustrates the degree that Lawyer Gary A. Nelson was willing to go to complete his fraud and the taking of my land. Gary A. Nelson and the other defendants knew that Ivan J. Fail was competent on both November 29, 2005 and on December 5, 2005 when he told Ivan Lee Fail that he wanted the property to go to Larry & Adam Fail. Gary A. Nelson and the other defendants are not experts on the issue of Competency. Judge Rogers agreed with me in his Memorandum Decision dated November 17, 2008 on page 23. Attached as (Exhibit 9.) Gary A. Nelson and the other defendants knew that statement No. 1 in the Affidavit was false. They also knew that statements No. 2, 3, & 4 were also false.
They all four signed the “AFFIDAVIT OF HEIR “ knowing that it contained false statements, had their signatures notarized and presented it to the Court as exhibit No’s 11, 12, 13, & 14 to the Defendants “Motion For Summary Judgment.” This is evidence that Lawyer Gary A. Nelson was the Master Mind, creator and crafter of the Fraud to wrongfully take property from the Plaintiffs, and perpetrate a fraud upon the Court.
No Contact Order dated June 23, 2005 and redate 11/30/05.
I was unaware of this no Contact Order until I called the Prairie Village November 30, 2005 to talk with my father. I was asked for “THE CODE: I ask the Administrator Jane O’Brian to explain. She said “The Daughter” (June) had place a “NO CONTACT ORDER” preventing me from seeing or talking with my father. I was also unaware of the same ‘NO CONTACT ORDER” WITH THE DATE OF June 23, 2005. June was upset that I had stopped her from stealing my brother John Fail’s Land on Memorial day weekend 2005 and had placed the no contact order dated June 23, 2005 to prevent me from having my father put my name on the deed to my land instead of Lawyer Nelson’s name, wife Tonia and my two brothers in the event that I discovered the April 11, 2005 deed. Further explained herein and on wwwfailvfail.com, Tape Transcripts Conversations Numbers 23 & 24. Jane O’Bryan the Administrator of the Prairie Mission Retirement Village and their attorney Rick Hines.
The 2000 Transfer on Death Deed that preceded the Nelson April 11, 2005 deed was in the names of my three siblings in a constructive trust that was set up by Ivan J. Fail, and Larry Fail, and on the advice of Attorney Rubow in 2000. Those named on the deed as receivers of the property at death in trust for me, were my (Larry Fail’s) three siblings Iva June Dedeke, Ivan Lee Fail and John Roy Fail. The property is the 160 acre George place and the 28 acre Horse Ranch in Wilson County Kansas. The Home in Colorado that I purchased in 1967 and where I still live, and some oil & gas properties in Colorado that I purchased with my father in 1975 and 1983 were also in the Constructive Trust in the names of my three siblings. In 2001 I prepared deeds to these Colorado properties and mailed them to my father. He took them to John Rubow. My father had my three siblings go into Rubow’s office and sign the deeds over to my father and my son Adam Fail in joint tenancy. My son became owner on December 21, 2005 when my father passed. My siblings had become owners of these properties in trust when my mother passed on January 31, 2000 under the will constructive agreement between all the parties. In 2001 my father, me and attorney John Rubow agreed that John Rubow would prepare the Kansas deeds for the 160 acre farm, the 28 acre Horse Ranch and the Ness County Minerals that I had purchased with my money in my name 30 years ago. I had deeded them to my father to hold for me 1990 until my law suit against Kenneth Edward Kolbjornsen was completed. I prevailed. It took 13 years to get a $5,000,000 uncollectable judgment for damages that he caused to my business. Rubow never followed through on preparing the Kansas deeds and my father assured me that my siblings would sign the deeds whenever I needed them to do so.
We both trusted them. He died and I got screwed by Lawyer Nelson, his wife Tonia and my three siblings. Lawyer Gary Nelson was very close with his wife Tonia. They were very close with my sister and they all were very aware of all of this information and the Constructive Trust as were my two brothers. Collectively they all had knowledge to defraud. They all saw opportunity to defraud. They all had a collective motive to defraud. They formed a wolf pack mentality to defraud, they all got amnesia when my father passed, and they defrauded me and my son. Strength and support in numbers with a Lawyer that knew the legal ropes to pull it off, and he did so successfully through fraud and dishonesty.
In representing my father Lawyer Nelson gained intimate knowledge as a lawyer and also as a member of the family by marriage knew about my father’s assets and estate matters.
It is my opinion that without question that Lawyer Gary A. Nelson was very much involved in the wrongful taking of my land with the help of his wife Tonia Dedeke Nelson, his mother in law June Fail Dedeke, and my two brothers Ivan Lee Fail and John Roy Fail and Patty Hon They all split the spoils of this Constructive Trust, thereby committing Constructive Fraud. There is an abundance of evidence to prove this fact. The Wilson County District Court granted the Summary Judgment Motion filed by defendant and attorney Gary A. Nelson without seeing and or considering but a small fraction of the evidence, and chose to even disregard that. For a variety of reasons including but not limited to my various health issues and illnesses at the time which included 49 daily treatments for prostate cancer, chronic and painful Diverticulitis, a heart procedure due to a lower artery blockage and other stress related issues I was unable to properly respond the fifty (50) overly burdensome, extensive and exhaustive questions contained in attorney / defendant Gary A. Nelson’s Summary Judgment Motion.
Additionally due to the malicious interference by attorney / defendant Gary A. Nelson and codefendant Ivan Lee Fail in contacting and threatening my legal counsel, Ted Knopp, Kurt Kluin and Brian Grace I was without competent legal counsel to represent me to defend against the Summary Judgment Motion. Their strategy was to chase off my lawyers and forced me to hire new lawyers, pay and re-educated them one after the other until they ran me out of money and energy and left to defend the Motion for Summary Judgment pro se and scattered. Their strategy worked for them. Winning is everything to the greedy and dishonest.
The fact that the Wilson County District Court granted Attorney / defendant Nelson’s Motion for Summary Judgment should in no way support and/or excuse the illicit, dastardly and fraudulent conduct of Attorney Gary A. Nelson. To do so would be a gross injustice and forever place a foul stain upon the practice of law. One could make the comparison of a not guilty verdict in a criminal trial using dishonest tactics to win and a guilty verdict in a civil trial using the exact set of facts, circumstance and parties in an honest way. There are various cases that illustrate this fact.
Lawyer Nelson engaged in dishonest conduct including preventing me from deposing Iva June Fail Dedeke by faking her illness, then getting the Court to limit me to a phone deposition, then getting that canceled the evening before the scheduled deposition.
I received notice of the cancelation via Email from the Midwest reporter that I hired in Leavenworth. Thereafter she would not respond to my repeated Emails or phone calls.
As a result of this and a flood of various disingenuous motions to disallow and or toss out my evidence which the Court granted I was left naked before the Court. The Court also would not grant my motions to offer evidence overlooked after the deadline. See Judge Roger’s Memorandum Decision dated December 19, 2008. (See Exhibit10.)
Equally as important if not more so is the fact that Judge Rogers who granted lawyer and defendant Nelson’s Motion for Summary Judgment relied heavily on the honesty of the parties before the Court in order to make a fair decision. Gary A. Nelson was dishonest with the Court and crafted, orchestrated, conducted, condoned and encouraged the dishonest conduct of the other defendants in carrying out the conspiracy to defraud which came to was successful conclusion for them. An unsuccessful outcome for the Plaintiffs and justice.
On December 5, 2005 while in the Rest Home my father told my older brother who had my father’s power of attorney that he wanted me and my son Adam to have the land in question. I was prevented from seeing my father under the “No Contact Order” filed by my sister and approved by my brother’s. As a result of this I had asked my brother Ivan Lee Fail to go see our father and ask him if he wanted me to have the land. My father told my told my brother “YES” he did want me to have the land. “See Transcript of tape recorded conversation between Larry Fail and Ivan Lee Fail dated December 5, 2005. Also listen to the corresponding tape recording. (CD, Tape and Tape Transcript enclosed)
(See Exhibit 7 H.)
Lawyer Nelson and others gained title to property intended for me when my father passed on December 21, 2005.
I filed a case against Lawyer Nelson and the other defendants in early 2006.
Lawyer Nelson Committed Perjury in a deposition dated March 13, 2008.
See Deposition of Gary A. Nelson, dated March 13, 2008. Plaintiffs Exhibit 190.
(See Exhibit 2.)
Page 11, Lines 2, 3, & 4.
Question asked by Larry Fail of lawyer Gary Nelson under oath. “Could you tell when you first became aware of you and your wife Tonia, being on that April 11th, deed?”
Answer by Lawyer Gary A. Nelson under oath.
Page 11, lines 5 – 25, various disingenuous and misleading statements. Specifically answered on Page 12, lines 3, 4 & 5. “It was after he died before I’d seen any deeds, and it was the day of the funeral when I found out what he had done.”
(The funeral was December 23, 2005.)
See Deposition of John C. Rubow, dated March 14, 2008. Plaintiffs Exhibit 191. (See Exhibit 3.)
On page 146, lines 1 – 25. Gary Nelson is asking John Rubow various questions about his involvement in the wills and various deeds.
Question asked by Lawyer Gary A. Nelson of Lawyer John C. Rubow.
Page 146, Line 20. “Or 2005 transfer-on-death deed?”
Answer by lawyer John C. Rubow.
Page 146, lines 21 – 25, and page 147, line 1. “I think that Gary Nelson gave me some input as to how he wanted the deeds titled or something to that affect. But Ivan J. Fail told me he wanted the transfer made and basically said to discuss with Gary Nelson how the names should go there or something to that affect.”
In my opinion Gary A. Nelson committed perjury when he knowingly made a self serving false statement that had a significant effect on the outcome of the case.
Judge Rogers states that “the alleged perjury is not an issue or claim in the Second Amended Petition and is not before the Court.” Therefore the Court made no decision on the perjury issue. (See Pages 38, 39 & 40 of Judge Rogers Memorandum Decision)
(See Exhibit 9.)
It is my opinion the statements speak for themselves and not only illustrate Gary Nelson’s dishonesty but is proof of perjury. This case is littered throughout with proof of Gary Nelson’s dishonesty in his deposition answers, and his questions. In his depositions of Larry & Adam Fail, and other documents to numerous to mention and /or address herein. His various oral and written false and misleading statements to the Court and in documents filed with the Court, some under oath, all constitute a fraud upon the Court. A Court’s decision is no better than the information given to it, especially by lawyers.
The Court expects and relies upon the honesty of the lawyers and litigants who come before it.
Gary A. Nelson’s dishonest conduct is compounded by his knowledge of the facts and his encouragement to the other defendants to also engage in dishonesty. Twelve (12) examples of this dishonesty, is contained in the four (4) Notarized (under oath) “Affidavits of Heir’s.” All twelve (12) statements made with willful and wanton intent to defraud and with knowledge that they were untrue. Gary Nelson not only perpetrated a fraud upon the Court he also committed perjury. He not only committed perjury he also is guilty of suborning perjury by encouraging the other defendants to make written false statements under oath which were filed with the Court. Gary A. Nelson prepared the Affidavits of Heir’s. They were all notarized. They were under oath. They were signed by Gary Nelson and the other defendants, John Roy Fail, Iva June Dedeke and Ivan Lee Fail numbered as Defendant’s exhibits 12, 13, 14, & 15 of Defendant / Attorney Gary Nelson’s Motion For Summary Judgment filed with the Court on March 27, 2008. Attached hereto as Defendants Exhibit 4. Numbered 11, 12, 13, & 14.
The facts, the many documents, defendants depositions under oath, the conduct of the parties over a period of years, transcripts of tape recordings of the defendants and Ivan J. Fail & Larry Fail and others over a period of five years and other information proves each of the twelve (12) statements in the four (4) “Affidavit Of Heir” documents are knowingly self serving, false and untrue. Each and every one of the defendants including Lawyer Gary A. Nelson knowingly made false and untrue statements under oath in their “Affidavit of Heir.” Documents. As an officer of the Court Gary A. Nelson should be held especially accountable and to a higher standard and degree than the other defendants under his guidance and control. Lawyer Gary A. Nelson engaged in a conspiracy to defraud. He was complicit in bringing the other defendants into the conspiracy. This is extremely dishonest and grossly unethical conduct that should weigh heavy in the decision to fully investigate Gary Nelson as a Lawyer by the Disciplinary Administrator.
1. A secret plan by a group to do something unlawful or harmful.
2. The action of plotting or conspiring.
con•spir•a•cy (k n-spîr -s )
n. pl. con•spir•a•cies
1. An agreement to perform together an illegal, wrongful, or subversive act.
2. A group of conspirators.
3. Law An agreement between two or more persons to commit a crime or accomplish a legal purpose through illegal action.
4. A joining or acting together, as if by sinister design:
• In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. …
Lawyer Gary A. Nelson is guilty of all the above. He is guilty of encouraging and condoning the guilt of the other defendants. Lawyers should be held to a higher standard of honesty than lay persons.
Lawyer Nelson filed a Fifty (50) Question Motion for Summary Judgment on March 27, 2008.
I responded partially, not fully, Pro Se without Legal Counsel of record due to various health issues and malicious interference to retain Legal Counsel by Lawyer Nelson.
This Complaint and the supporting exhibits accurately sets forth and explains to the best of my ability the various unsavory, unethical, and dastardly and devious acts committed by Respondent, Kansas Lawyer Gary A. Nelson. In my opinion, and in the opinion of various lawyers that are aware and familiar with this case Lawyer Nelson engaged in the following, but not limited to, self dealing, unjust enrichment, conspiracy to defraud, constructive trust fraud, general and specific dishonesty, misrepresentation, elder abuse, perjury and White Collar Crime, including implication in Medicaid Fraud. Additionally Lawyer Nelson engaged in a dishonest arrangement with Ivan Lee Fail who together engaged in malicious business interference in contacting my lawyers and negatively affecting my ability to hire, retain and keep legal counsel weighing heavily on the negative outcome of the case for me and justice.
Additionally it was extremely difficult to retain a lawyer in South East Kansas. I contacted over one (100) lawyers for my case. Some were not interested for a variety of reasons. The majority were interested until I told them that two of the defendants were lawyers. Then they were no longer interested. I was forced to hire five different lawyers as a result of lawyer Gary A. Nelson and his client and codefendant Ivan L Fail contacting my lawyers and slandering and defaming me and demoralizing them by telling them that I had no case and no money to pay them. All of this gave them license and reason to take all the money that they thought that I had then feel justified in withdrawing. Lawyer Nelson’s strategy worked well for him.
Chuck Apt. He was the first one. He took $3,500 from me the day I buried my father. He would not respond to my letters or phone calls or requests for an autopsy of my father’s body. He held my money for several months and referred me to Ted Knopp. In his words “an expert in these matters who has written law on the issue.” Three of them took my money and bailed out of the case after they were contacted by Gary A. Nelson and/or codefendant and client Ivan Lee Fail.
Ted Knopp. He was an expensive milking machine that spent 59 minutes out of every hour that we talked about how much money he wanted and how and when I was going to pay him. The remaining minute was spent discussing the case. Gary Nelson was proactive and throwing the punches. He had more to gain than Knopp did with his name on a deed to $650,000 worth on land and therefore was much more committed and aggressive than Knopp. Ted Knopp was reactive with his hands and arms held over his head protecting himself from Nelson’s punches as Nelson pushed him backward across the ring into the ropes. Nelson took depositions. Knopp did not and so it went. Knopp even told me that Gary Nelson and my siblings seemed like very nice people,
When I first retained Ted Knopp I requested that he file a Motion for an autopsy he told me no and continued, “I have never done that before and it would only inflame your siblings.” Ted Knopp filed a lien on the case and the property for over $25,000 in addition to the $20,000 that I paid him. His parting shot was an attempt to get me to settle for 10 cents on the dollar. The defendants told him to tell me that they would not dignify my/his offer with a response. This was after receiving the threatening letter from Gary Nelson’s co-defendant and client Ivan Lee Fail. He took my money and withdrew.
(See Exhibit 6.)
Upon the death of my father on December 21, 2005. I sent a letter to Lawyer Nelson and my three Siblings requesting that they honor the wishes of my parents and give me the land that my parents wanted me to receive. I received no response. In early 2006 upon Chuck Apt’s recommendation I hired Wichita Lawyer Ted Knopp who advised me to file a law suit against my siblings and Lawyer Nelson and his wife in Wilson County District Court which we did. Lawyer Knopp failed to inform and/or advise me that I could have filed the case in Federal Court under “Diversity of Parties” Constitutional Law which would have protected me from the problems of local litigants having an unfair advantage over out of state litigants which my son and Adam and I were. (Getting Small Towned) Gary Nelson and Judge David Rogers grew up together and have known each other all of their lives in a small town close knit community environment Additionally Judge David Rogers’ father Steven Rogers was my Ex wife’s lawyer in our divorce case in 1964 in the same Wilson County Court room. My case against Lawyer Nelson etal met all of the legal requirements to file in Federal Court. As it turned out filing in the local Wilson County Court rather than in Federal Court was truly a mistake. It was caused by lawyer Knopp’s limited experience and/or knowledge of the law. Not one of the Kansas Lawyers was aware of this option and/or mentioned it to me. I was made aware of it by a long time lawyer acquaintance in Colorado, after I lost the Summary Judgment. Better late than never was not an option in this case with this issue. First had experience is expensive.
Additionally lawyer Knopp told me there was no reason for me to challenge the wills in Probate Court. I was not in the Wills as a result of the constructive trust. My attorney Jim McIntyre told me that the Wills should have been challenged as my name did not appear in them and no mention of the Constructive Trust.
Kurt Kluin took my money, filed an amended complaint adding lawyer John Rubow in the Executor role then withdrew telling me, “I have to work with Rubow every day and it will not work for me.” This was also after receiving a threatening letter from Gary Nelson’s co-defendant and client Ivan Lee Fail. . (See Exhibit 6.)
Additionally lawyer Kluin told me there was no reason for me to challenge the wills in Probate Court. I was not in the Wills as a result of the constructive trust. My attorney Jim McIntyre told me that the Wills should have been challenged as my name did not appear in them and no mention of the Constructive Trust
Brain Grace. He Took $2,500 from me. He admitted on tape that he did absolutely nothing. He told me his sectary us it all up arranging my documents so he could read them. I post the story on the failvfail.com web site and he shut off his phone and closed his office. I got a Judgment in small claims for the $2,500. It is uncollectable and is as worthless as he is. The Court found him in contempt of Court for refusing to answer the Court ordered Interrogatories. I received $865.86 from the Client Protection Fund Commission for which I am grateful. This took hundreds of man hours on my part and four 1200 mile round trips from Denver to Wichita and back. It also took a lot of my time and energy away from my civil case against Gary A. Nelson etal.
It worked well for Nelson but not me. Nelson had called Brian Grace and demoralized him into not accepting my case and helped justify the taking of my money in Brian Grace’s mind. See My Complaint on file with the Disciplinary Administrator and see http://www.failvfail.com. Select the Brian Grace-less button for the full story. Select the Red Arrow and play my Song. “Money that’s all everyone seems to want.” (See Exhibit 6.)
Randy Wharton was the last attorney to help me one prior to the granting of Nelson’s Summary Judgment by Judge Rogers. I paid him $5,000. He drafted a brief response to Nelson’s Summary Judgment but would not inter his appearance and/or represent me at the oral arguments. For reasons explained herein I was unable to fully answer all of the questions on time and the Court would not allow me to do so after the deadline. I was unable to retain and/or keep honest proactive attorneys that would represent my interest. They represented themselves with the exception of Jim McIntyre.
Jim McIntyre He entered the case too late after the Summary judgment was granted. He was the only one out of the bunch that had any integrity and represented his client rather than representing himself.
Jim McIntyre filed an appeal with the Kansas Court of Appeals. We lost the appeal. He then filed a Motion for a Judicial Review with the Kansas Supreme Court in October 2010. Seven months later in May 2011 the Supreme Court denied our Motion. I feel that as a result of Gary Nelson’s conduct and the conduct of his codefendant and client Ivan Lee Fail and their malicious interference with my ability to retain and keep legal counsel I was unable to have my day in Court. This was compounded by my resulting health issues, and therefore I was forced to represent myself pro se thereby creating a poor, incomplete and insufficient record to present to the Appeals Court and Supreme Court thereby giving Attorney Jim McIntyre to little too late to work with.
There was one other young lawyer from Kansas City that I was forced to hire and pay $2,000 to defend myself and my son against Gary Nelson’s Motion For Attorneys Fees in the amount of ($ ?) after he won the Summary Judgment due to his dishonesty and fraud upon the Court and my bungling and lack of competent legal representation. (See Exhibits 2, 3 & 6.)
I have enclosed “Notice Of Hearing On Petition For Final Settlement” from John Rubow dated June 20, 2011. The deadline for filing written defenses and the hearing date is August 4, 2011 at 1:PM. (See Exhibit 17.)
The Notice, Petition and exhibits reveal that I got defrauded by Gary Nelson and others much worse than I thought I did. In addition to the $650,000 worth of land that was stolen from me there was of 300 to $400,000 in personal property, equipment, cattle, cars, trucks, antiques and other items that I did not get a penny from. It appears that there were four accounts with close to $90,000 in Home Savings that was split up between the thieves. Additionally I understand that there was over $150,000 in cash in the Safe Deposit Box at the Bank of Commence in Chanute Kansas. There may have been more. Tha
t totals $640,000. My 1/4th would have been another $160,000.
I know that both dad and mom had several large Life Insurance policies. The amounts were not revealed to me. As my father’s son – it seems that I am left with nothing but questions and guessing games for the rest of my life. Everyone knows including Lawyer Gary A. Nelson that this was not my parent’s wishes or intentions. An honest Wyoming Judge once told me, “It’s illegal if you get caught, and it’s legal if you get by with it.”
I cannot believe that my dad, who never lied to me, who I knew very well, loved and trusted all of my life dealt me such a losing hand. It is my opinion that he did not do so. He was blindsided, duped and robed of his wishes by his care taker, Nurse and pill provider that he trusted, his daughter Iva June Dedeke who he gave and also trusted with his Medical Power of Attorney June Dedeke . She tutored and assisted in her crimes by her daughter, a Medical and Physiatric RN Nurse, Tonia Dedeke Nelson, and her husband Lawyer Gary A. Nelson.
I have attached a faxed letter dated May 2, 2007 from Gary A. Nelson to Attorney Kurt Kluin wherein Gary Nelson is addressing the issue of an “Advisory Opinion” and his conversation with Stan Hazlett pertaining to various issues of conflict of interest and ethics. He states that Mr. Hazlett told him that he could not give him a “definitive answer” as there are too many unknowns and suggested that he go to Judge Rogers with the questions and let him decide. (See Exhibit 5.)
I am without knowledge that this was ever followed through on, as I was never noticed and seen nothing from the Court. At this point in time the unknowns have been answered. Those answers and facts now reveal and bear witness to the dishonest, self dealing conduct including perjury, and unjust enrichment of Lawyer Gary A. Nelson.
I have waited five years until the civil case was over to file this Complaint so all the facts and information pertaining to Lawyer Nelson’s Conduct would be available to the Kansas Supreme Court Disciplinary Administrator.
Lawyer Gary A. Nelson and his codefendant conspirators would have you believe as was their argument throughout the litigation that Ivan J. Fail changed his mind and decided to disinherit his son Larry Fail when he signed the April 11, 2005 deed with the names Gary A. Nelson and Tonia Nelson on it which replaced the 2000 deed with the name on it of Iva June Dedeke on it. It was never the intent of my father Ivan J. Fail to disinherit Larry Fail as is illustrated in various discussions and documents herein, including the tape Conversations after the April 11, 2005 deed was signed. See Tape Transcript Index (Exhibit 7 and Tape Transcripts F, G, H.)
I believe without reservation that an investigation will show that Lawyer Gary A. Nelson breached and violated the Kansas Supreme Court’s Rules of Professional Conduct and disgraced the practice of law in addition to committing various other dastardly and covert acts which in my opinion are criminal in nature. Simply because he “out lawyered” me in the civil case should in no way excuse his dishonest, sinister and evil conduct. The evidence in the case proves that Gary A. Nelson is a liar, cheat and thief.
I feel confident that you will come to the same conclusion if you look at the evidence and do an investigation. In my opinion in the best interest of justice and to protect the public Lawyer Gary A. Nelson should not be allowed to continue practicing law and/or be allowed to continue to practice his dishonesty and self dealing and victimize more innocent people. To do so would be an injustice and promote lawyer dishonesty which is not in the public’s or justice’s best interest.
Additional Information, Documents, Exhibits, Transcript of Tape Recordings and the actual CASSETTE RECORDINS are available upon request by the Disciplinary Administrator. Please contact me if additional information is needed to make a determination as to the merits of this case mandating an investigation.
As a lawyer and attorney, Gary A. Nelson ran through every red light in this case. As an officer of the court he is expected to be, and thought to be, and self represented to be an honest person. The following question shouts out for an answer. What did Lawyer Nelson have to hid that would motivate him to go to the extremes that he went to as explained herein to hide the truth in this case, and to prevent the truth from coming out? It is one thing to question the facts with honest inquiry and evidence. It is quite something else to prevent the truth from being revealed by presenting dishonest evidence, dishonest testimony and affidavits and committing perjury, and suborning perjury as Lawyer Nelson did.
(See Exhibits 2, 3, 4 & 6.)
Winning at all costs including defrauding the Court and knowingly engaging in a conspiracy to defraud the Plaintiffs is unacceptable conduct that should be investigated and reported to the Supreme Court and law enforcement authorities with the jurisdiction to take appropriate action and/or prosecute as the evidence and the law directs them.
I Respectfully Request that the Office of the Disciplinary Administrator open an investigation of Lawyer and Officer of the Court Gary A. Nelson and report its findings and recommendations to the Supreme Court, State of Kansas.
I would also request that should you find anything herein that would cause you to believe that State or Federal laws have been broken and/or find reason for alarm or concern for the safety of one’s life and/or the public’s safety in general that you please refer this information to the proper Federal, State and local authorities for additional investigation.
Respectfully Submitted on this ________day of July 2011
Larry Fail – MacPhale Adam Fail
1. Letter dated December 29, 2010 form Attorney General’s Office State of
2. Deposition of Lawyer Gary A. Nelson dated March 13, 2008.
3. Deposition of Lawyer John C. Rubow dated March 14, 2008.
4. Four (4) “AFFIDAVIT OF HEIR” DOCUMENTS. Listed as Defendants Exhibits 11, 12, 13, & 14 to Defendant’s Motion For Summary Judgment.
5. Letter dated May 2, 2007 from Gary A. Nelson to Attorney Kurt Kluin.
A. Email dated April 23, 2007 from Kurt Kluin to Larry MacPhale regarding an “Advisory Opinion “from the Disciplinary Administrator.
B. Email dated March 8, 2008 from Larry MacPhale to Kurt Kluin 211 warning issue from Gary A. Nelson.
6. Plaintiffs’ “Notice To The Court, And Motion For Relief” dated January 28, 2008 with attached letter dated 03-22-06 to Ted Knopp from Ivan L. Fail with attached Slander Sheet Titled “Partial Rap Sheet.”
Letter dated 09-7-07 to Kurt Kluin from Ivan L. Fail with attachment titled “RESENTMENT” By Ivan Lee Fail copyright 1984.
Email dated December 11, 2005 to Ivan Lee Fail from Larry Fail.
Letter from Ivan L. Fail to Larry Fail dated February 19, 1995.
Letter dated March 25, 1995 from Larry Fail to from Ivan Lee Fail.
7. Tape Transcripts Index. List of thirty four (34) tape recorded conversations. Available on http://www.failvfail.com. Title bar “Tape Transcripts.
Note: Printed Transcripts and Corresponding Cassette Tape Recordings
available upon request by the Disciplinary Administrator.
7 – A. Tape Transcript dated July 2, 2000. Index # 2. Audio CD # 1.
Ivan J. Fail & Larry Allen Fail.
7 – B. Tape Transcript dated July 28, 2000. Index # 4. Audio CD # 1.
Ivan J. Fail & Larry Allen Fail.
7 – C. Tape Transcript dated January 21, 2001. Index # 6. Audio CD # 1.
Ivan J. Fail & Larry Allen Fail.
7 – D. Tape Transcript dated March 14, 2001. Index # 7. Audio CD # 1.
Larry Allen Fail & Ivan J. Fail.
7 – E. Tape Transcript dated August 5, 2003. Index # 10. Audio CD #1.
Ivan J. Fail & Larry Allen Fail.
7 – F. Tape Transcript dated June 4, 2005. Index # 15. Audio CD # 1.
Ivan J. Fail & Larry Allen Fail.
7 – G. Tape Transcript dated December 4, 2005. # 27. Audio CD # 1.
Ivan Lee Fail & Larry Allen Fail.
7 – H. Tape Transcript dated December 5, 2005. # 28. Audio CD # 2.
Ivan Lee Fail & Larry Allen Fail.
8. No Contact Order dated June 23, 2005 and re-dated 11/30/05.
9. Memorandum Decision from Judge Rogers, Wilson County District Court
dated November 17, 2008.
10. Memorandum Decision from Judge Rogers, Wilson County District Court dated December 19, 2008.
11. Ivan Lee Fail in The federal Observer. False allegations of sibling (Larry Fail) being unhappy that he did not inherit the property and reply by Larry Fail.
12. Godlike Productions Blog 6/9/2001. Quoting anonymous Coward 773944, Bump “Shut up before I shut you up.”
13. Email Death Threat and Extortion Demand Titled;
“YOUR DAYS ARE NUMBERED.” dated November 16, 2007. 10:50 AM
From Jay J Henegar firstname.lastname@example.org
This Email address is owned by Larry Fail – MacPhale.
14. Email dated Sunday, November 18, 2007 at 4:43 PM.
From Craigslist forums email@example.com
TITLED “LARRY KNOWS ALREADY”
15. Email dated February 12, 2009 at 9:21 AM
(f you larry allen fail)
Title: Ad Response for http://www.failvfail.com The Nelson maneuver
16. Email dated February 12, 2009 at 1:48 PM
(f you larry allen fail)
Title: Ad Response for http://www.failvfail.com The Nelson maneuver
17. Email dated Tue, Dec 7, 2010 10:25 AM
First Name June:
Last Name: Dedeke
18. Notice Of Hearing On Petition For Final Settlement For Final Petition, with Petition For Final Settlement, with Exhibit A, Supreme Court Petition for Review denied & Exhibit B. Summary of Receipts and Disbursements of Estate by Lawyer John C. Rubow.
19. Apathy and Injustice. The Fearless Blog Posting.
20. Additional package of evidence, letters to the FBI and Leavenworth Dedeke Death Threat information under cover Letter to the Honorable Mark Parkinson – Governor State of Kansas, dated November 19, 2010.