Lawyer Steals Land

Larry Fail
Adam Fail
5470 SO Greenwood St.
Littleton, CO 80120
303-730-2100 – Fax 303-347-2100 – Email macphae@gmail.com

July, 15, 2011

COMPLAINANTS:

Larry Allen Fail / MacPhale, and Adam Lawrence Fail

RESPONDENT ATTORNEY:

Gary A. Nelson

DISCIPLINARY COMPLAINT

STATEMENT

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 jay_henegar@yahoo.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 nobody@craigslist.org
TO: leavenworthinvestigations@gmail.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 system@matchbin.com
TO: macphale@gmail.com

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_ formmailer@secureserver.net
TO: macphale@gmail.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.

>

(Exhibit 8.)
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.
con•spir•a•cy/kənˈspirəsē/Noun
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:

Web definitions
• 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. …
en.wikipedia.org/wiki/Criminal_conspiracy

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

X____________________________ X___________________________
Larry Fail – MacPhale Adam Fail

Exhibits

1. Letter dated December 29, 2010 form Attorney General’s Office State of
Kansas.

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.
(Short Version)

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 jay_henegar@yahoo.com
To: Larry@requestusa.com.
This Email address is owned by Larry Fail – MacPhale.

14. Email dated Sunday, November 18, 2007 at 4:43 PM.
From Craigslist forums nobody@craigslist.org
TO: leavenworthinvestigations@gmail.com

TITLED “LARRY KNOWS ALREADY”

15. Email dated February 12, 2009 at 9:21 AM
From “fulaf
(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
From “fulaf
(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
From wst_formmaier@secureserver.net
To: macphale@gmail.com
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.

Advertisements
Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Tucson Arizona Massacre

Argument & Debate 01/11/2011

RE: The January 8, 2011 Tucson Arizona Massacre, The Tea Bag Party, Crazies and Hate Speech.

The Narcissistic, Self-Righteous, Hypocritical and Egotistical Talk Show Blow Hards Spew Hate Speech 24 X 7. They are the Cheering Section for the Crazed Minds of the World like Jared Lee Loughner. These Mad Men are validated and motivated by wholesale hate speech. It pushes the Crazies over the line to Violence.

Right Wing Extremist Rush Limbaugh, Glen Beck, Sarah Phalin, Bill O’Riley, Michael Savage, Michael Medved, Sean Hannity, Don Amus and other Rush wantabes engage in Argument & Debate at its worst.

If Your Argument rests on demonizing your opponent with mere opinion and hate speech then your argument is without merit and falls on its face.

When you take away Talk Radio’s Over Paid Drug Crazed Shock Jocks’ hate filled opinions there is nothing left of their blather that in any way resembles fact.

It’s been said “a lie can travel around the world three times before the truth can tie its shoes.”

Quotes from another mad man in History’s dust bin;

All great movements are popular movements. They are the volcanic eruptions of human passions and emotions, stirred into activity by the ruthless Goddess of Distress or by the torch of the spoken word cast into the midst of the people.
Adolf Hitler

All propaganda has to be popular and has to accommodate itself to the comprehension of the least intelligent of those whom it seeks to reach.
Adolf Hitler

Any alliance whose purpose is not the intention to wage war is senseless and useless.
Adolf Hitler

Anyone who sees and paints a sky green and fields blue ought to be sterilized.
Adolf Hitler

As a Christian I have no duty to allow myself to be cheated, but I have the duty to be a fighter for truth and justice.
Adolf Hitler

As soon as by one’s own propaganda even a glimpse of right on the other side is admitted, the cause for doubting one’s own right is laid.
Adolf Hitler

By the skillful and sustained use of propaganda, one can make a people see even heaven as hell or an extremely wretched life as paradise.
Adolf Hitler

Demoralize the enemy from within by surprise, terror, sabotage, assassination. This is the war of the future.
Adolf Hitler

Generals think war should be waged like the tourneys of the Middle Ages. I have no use for knights; I need revolutionaries.
Adolf Hitler

Germany will either be a world power or will not be at all.
Adolf Hitler

Great liars are also great magicians.
Adolf Hitler

Hate is more lasting than dislike.
Adolf Hitler

He alone, who owns the youth, gains the future.
Adolf Hitler

How fortunate for governments that the people they administer don’t think.
Adolf Hitler

Humanitarianism is the expression of stupidity and cowardice.
Adolf Hitler

I believe today that my conduct is in accordance with the will of the Almighty Creator.
Adolf Hitler

I do not see why man should not be just as cruel as nature.
Adolf Hitler

I go the way that Providence dictates with the assurance of a sleepwalker.
Adolf Hitler

I use emotion for the many and reserve reason for the few.
Adolf Hitler
If today I stand here as a revolutionary, it is as a revolutionary against the Revolution.
Adolf Hitler

If you tell a big enough lie and tell it frequently enough, it will be believed.
Adolf Hitler

It is always more difficult to fight against faith than against knowledge.
Adolf Hitler

It is not truth that matters, but victory.
Adolf Hitler

Make the lie big, make it simple, keep saying it, and eventually they will believe it.
Adolf Hitler

Mankind has grown strong in eternal struggles and it will only perish through eternal peace.
Adolf Hitler

Sooner will a camel pass through a needle’s eye than a great man be “discovered” by an election.
Adolf Hitler

Strength lies not in defense but in attack.
Adolf Hitler

Struggle is the father of all things. It is not by the principles of humanity that man lives or is able to preserve himself above the animal world, but solely by means of the most brutal struggle.
Adolf Hitler

Success is the sole earthly judge of right and wrong.
Adolf Hitler

The art of leadership… consists in consolidating the attention of the people against a single adversary and taking care that nothing will split up that attention.
Adolf Hitler

The broad masses of a population are more amenable to the appeal of rhetoric than to any other force.
Adolf Hitler

The day of individual happiness has passed.
Adolf Hitler

The doom of a nation can be averted only by a storm of flowing passion, but only those who are passionate themselves can arouse passion in others.
Adolf Hitler

The great masses of the people will more easily fall victims to a big lie than to a small one.
Adolf Hitler

The great strength of the totalitarian state is that it forces those who fear it to imitate it.
Adolf Hitler

The leader of genius must have the ability to make different opponents appear as if they belonged to one category.
Adolf Hitler

The very first essential for success is a perpetually constant and regular employment of violence.
Adolf Hitler

The victor will never be asked if he told the truth.
Adolf Hitler

Those who want to live, let them fight, and those who do not want to fight in this world of eternal struggle do not deserve to live.
Adolf Hitler

Through clever and constant application of propaganda, people can be made to see paradise as hell, and also the other way round, to consider the most wretched sort of life as paradise.
Adolf Hitler

Universal education is the most corroding and disintegrating poison that liberalism has ever invented for its own destruction.
Adolf Hitler

What good fortune for governments that the people do not think.
Adolf Hitler

Who says I am not under the special protection of God?
Adolf Hitler

Whoever lights the torch of war in Europe can wish for nothing but chaos.
Adolf Hitler

Words build bridges into unexplored regions.
Adolf Hitler

Posted in Uncategorized | Leave a comment

Larry Allen Fail – MacPhale

5470 SO Greenwood St.

Littleton, CO 80120

303-730-2100  /  1-800-722-9529 /  Fax 303-347-2100

macphale@gmail.com www.falvfail.com http://www.dial4lawyer.com

November 19, 2010

The Honorable Mark Parkinson

Governor State of Kansas

State Capitol Bldg

300 SW 10th Ave, Ste 241S

Topeka, KS. 66612-1590

RE:  Matters of Urgent Concern – Wrongful Death of Ivan J. Fail, Civil & Criminal Conspiracy

to Commit Fraud, & Other Crimes by Defendants & Wichita Lawyer Brian Grace.

Wilson County District Court Case No. 2006 CV 25.

Court of Appeals, State of Kansas, Case No. 2999-102,665.

Supreme Court, State of Kansas, Petition For Review Filed & Pending.

Office of Disciplinary Administrator, State of Kansas,

MacPhale vs Grace. Complaint No. DA 10,634.

Client Protection Fund Commission, MacPhale vs Grace. Claim No. CPF-199-01-10.

Dear Governor Parkinson,

As Governor of Kansas I think that you would want to know what is taking place in the great State of which you Govern.

I was born there in Neodesha on January 18, 1941 as Larry Allen Fail. I legally changed my last name to MacPhale in 1986. My father Ivan J. Fail was a good father, a good farmer, and decent and fair man. I moved to Colorado in 1967. My two Great Grandfathers on my Father’s side of the Family are buried here in Colorado. My Parents are buried in Altoona Kansas. I still love and miss my Kansas home.

There are times in life when things happen to us that are most difficult to understand and/or endure. The death of my mother on January 31, 2000 was one of those times.  While it was hard to endure I could understand her passing as she was 88 years old and no one can live forever as much as we may want them to.

The death of my father on December 21, 2005 was another one of those difficult times. It was especially hard to endure because I also lost my sister and my two brothers and $600,000 worth of prime farm land that I worked on as a kid. I lost it all at the same time on that day that my father passed. Both of my parents were wonderful honest hard working people that loved and cared for their children and lived by the Golden Rule.

The loss of my three siblings upon my father’s death and the taking of my land and inheritance by them and my sister June Dedeke’s son in Law – Leavenworth Lawyer Gary A. Nelson has been the most difficult experience in my life as well as for my children. While in her care my sister got my 91 year old father to sign a Transfer on Death Deed transferring my $600,000 worth of land to her daughter and Leavenworth Lawyer Gary A. Nelson upon my father’s death. I discovered this dastardly deed a few weeks before my father’s death and called my older brother Ivan Lee Fail who alerted my sister that I knew about the deed. My sister had my father’s Medical Power of Attorney and used it to rush my father to the Prairie Village Retirement Home in St. Paul Kansas. She issued a “No Contact Order” against me thereby preventing me from seeing or talking with my father to get the deed corrected.

He died before I could get Legal Help so that I could see him. She had him in the Ground within 48 hours. In my opinion she killed him, and/or was involved in his death. She is a Nurse and had been in charge of all of his meds for many months. Her Daughter Tonia Dedeke – Nelson is an RN Nurse. They had the knowledge, the motive and the opportunity to kill him as I will explain herein. My two brothers and others are with knowledge. My two brothers Ivan Lee and John Roy Fail split the land with my sister and the Nelsons and also with my younger brother’s girlfriend Patty Hon. He deeded Patty Hon the 360 acres that my dad left him and also his interest in my land two hours after my father died.

My father allegedly died of Congestive Heart failure.

  • See attached article titled. “ACQUIRED DELAYED RECTIFIER CHANNELOPATHIES: HOW HEART DISEASE AND ANTIARRHYTHMIS DRUGS MIMIC POTENTIALLY-LETHAL CONGESTIVE CARDIAC DISORDERS.”

I contacted the County Attorneys of both Wilson and Neosho Counties and advised them that my father may have been the victim of foul play. Their comments to me were, “old men die every day, there is nothing that I can do for you.”

The motive of revenge went back over twenty (25) years. In the late 70’s my dad had loaned my sister and her paranoid dysfunctional alcoholic husband Walter Eugene Dedeke an estimated $175,000. They refused to pay him back and sued him and filed bankruptcy against him in an attempt to defraud him. Dad had to file an eviction action against them to get them off the land. Leavenworth lawyer Bill Prey was my father’s attorney and filed the Motion to evict. As a result of these dark circumstances and my sister and her husband’s desire for revenge they would not let our father to see their two children, his grandchildren Tonia and Terry for ten years.

(All Documents related to the eviction issue and the Dedeke Death Threats are enclosed.)

After all of those years and all too many tears shed and daddy being ill and 92 years old and sitting on $2,000,000 worth of land, June & Gene Dedeke decided to come home and take care of Daddy. They took care of Daddy alright.

(Copies of all Documents filed with the FBI regarding the Dedeke Death Threats against Ivan J. Fail are available upon request by any interested party.)

My sister convinced my dad to sign two Transfer on Death Deeds on April 11, 2005. One deed giving the land that my parents wanted her to have to her daughter Tonia and her husband Leavenworth Lawyer Gary A. Nelson. There was a prior 2000 deed (executed after my mother’s death in 2000.) with only June Dedeke’s name on it. June Dedeke had the 2005 deed signed to defraud Medicaid as she had breast cancer and had applied and gotten Medicaid. She has made a full recovery and is now financially secure with a good income from the sale of her 200 acres she got from dad and her mineral income.

The other April 11, 2005 Transfer on Death Deed that my sister had my dad sign was for the land that both of my parents wanted me and my children to have. The names that my Sister June and Gary & Tonia Nelson had placed on the deed to my land was Leavenworth lawyer Gary A. Nelson, his wife Tonia along with the names of my two brothers Ivan Lee Fail & John Roy Fail. The names on the previous 2000 deed to my land were my sister June Dedeke and my two brothers.

They were holding the land in trust for me per agreement with them, my father and mother and me. I had requested that my father take me out of his and my mother’s identical Wills in 1999 shortly before my mother passed to protect the Estate from Civil Litigation that was involved with as a Plaintiff in Colorado. It took me 13 years from 1990 to 2003 to prevail and win a large seven figure Jury award in U S Federal District Court in Denver against both the Defendant and his wife, the Kolbjornsens. I had filed the 1990 case when Ex-Lawyer Employee Kenneth Edward Kolbjornsen breached our non-compete agreement and started a competing business and put me out of business. The Colorado Supreme Court disbarred him for committing Bankruptcy Fraud against me. He had destroyed his books. I spent $20,000 on a CPA to reconstruct his books which also revealed that he had defrauded the IRS out of $40,000 per year for seven Years. I reported this to the IRS three different times and was told each time that they were not interested and not to contact them again. The lawyer’s is Kenneth Edward Kolbjornsen. You can find him and my case on Google.

Lawyer Gary A. Nelson Committed perjury in the 2006 Wilson County Case, Fail v Fail. He did so in his deposition when he stated that he had no knowledge of the April 11, 2005 deed with his name on it until Ivan J. Fail was buried on December 23, 2005. The Executor of the Estate, lawyer John Rubow testified in his deposition that Gary Nelson had called him and told him how he wanted his name to read on the deed. This had to be before April 11, 2005. To add insult to injury, I have hired seven different lawyers and paid them money to help me in this case to get my land back. Following is a critique of their job performance.

Attorney Chuck Apt. The first lawyer that I hired was from Iola Kansas. His name is Chuck Apt. I hired Mr. Apt and paid him several thousand dollars the same day that I buried my father. Mr. Apt was admittedly ill equipped to help me do anything in my case including helping me see my father before he died, filing a Motion for an autopsy of my father’s body as I had requested the day that I hired him, and/or handling my case in any way whatsoever. He told me that he had never filed a motion for an autopsy before. After an extended period of time with nothing filed in the case, Mr. Apt told me, “This case is way over my head.” He referred me to lawyer Ted Knopp in Wichita Kansas. I would rate attorney Chuck Apt as a “D” for dumb.

Ted Knopp. The second attorney in the case was Ted Knopp. I hired and paid Ted Knopp a large retainer and asked him to file a Motion for an autopsy. When I later pressed him on my request, Mr. Knopp told me that if I filed a Motion for an Autopsy that it would “inflame your sibling defendants.”  Mr. Knopp filed the first Petition/Complaint in the case. He then failed and refused to aggressively pursue the case. He failed and refused to take forward moving pro-active action with Motions for Discovery and Depositions in the case. Ted Knopp sat through my deposition like a knot on a log while Nelson and his wife Tonia obtained information that they later used against me by deceitful manipulation and distortion of the facts and perjury. He only reacted to various Motions for, Discovery and Depositions from my adversary, forward moving aggressor Leavenworth Lawyer Gary A. Nelson. Lawyer Nelson is a defendant in the case representing himself and his wife (both names on the deed) and all the other defendants in the case except Chanute Lawyer John Rubow who is represented by Ft. Scott lawyer Steve Doering. Attorney Knopp focused the majority of his time and effort on discussing his fees, and writing letters to me asking for more and yet more money. He wasted a lot of his clients funds attempting to consolidate the Neosho County (where Mr. Fail passed) Probate Case with the Wilson County (where Mr. Fail lived) Civil Case. The reason he gave for taking this ill advised and misguided action was as follows. He told me that Attorney Chuck Apt had told him the following. ”Get the case out of Neosho County because the Executor  Defendant in the Case lawyer John Rubow and Neosho County District Court Judge Tim Brazil are to close.” Mr. Knopp told me that we would lose in front of Judge Brazil. The time and money wasted on this expensive detour should have been spent on deposing the Defendants and Discovery and other issues to move the case forward.

My older brother Ivan Lee Fail wrote a derogatory and threatening letter to Ted Knopp telling him that his practice would suffer if he continued to represent me. Soon after my Son Adam and I were grilled in a deposition by Defendant/Beneficiary/Grantee/Lawyer Gary A. Nelson. Shortly thereafter Ted Knopp withdrew and filed a Lien against the case for yet more legal fees. Shortly before he withdrew Mr. Knopp had told me that he thought the defendants were good people and he suggested that I settle the case for whatever the defendants would give me out of the goodness of their hearts. I approved of a settlement offer suggested by Ted Knopp to the Defendants which represented about 10 cents on the dollar. He received word back from Lawyer from Gary A. Nelson telling us the following. “The defendants decided not to dignify your offer by responding.” We discovered that the defendants have no goodness in their hearts. I would rate Lawyer Ted Knoop with a “G” as in Greed which is worse than an “F”.

Attorney Kurt Kluin. The third lawyer on the case was Chanute Lawyer Kurt Kluin. I paid him a cash retainer up front and paid his monthly statements. Mr. Kluin filed the first amended Petition/Complaint in the Case adding Chanute Attorney John Rubow as a defendant as the Executor of the Estate. While Chanute Attorney Kluin was helpful and seemed motivated early on in the Case, he quickly succumbed to pressure (real and/or imagined) from Chanute attorney John Rubow and told me, “I have to work with him (John  Rubow) every day, and withdrew from the case telling the Court that I was unable to pay his legal fees. I was 30 days current on my bill when he withdrew. While I believe that Kurt Kluin is a reputable lawyer and decent person it counted for little in my case. As in many cases, local politics rule locally.

Additionally and again my older brother Ivan Lee Fail wrote a derogatory and threatening letter to Kurt Kluin as he did Ted Knopp telling Mr. Kluin that his practice would suffer if he continued to represent me. I would rate Mr. Kluin as a “C” as in Coward.

The day we buried my Dad, my son Adam asked Ivan Lee why they would not let us see Grand Pa before he died. He told my son. “It’s Larry’s fault that you were not allowed to see your Grand Pa before he died, you see Larry has to pay for his bad conduct.” He then told me. “You and Dad had it your way all of these years, now you are not going to have it your way any longer.” You can see this do gooder Ivan Lee Fail in his White Hat on Google with all the Veteran memorials he likes to boost about.

Attorney Brian Grace.

Lawyer Brian Grace coulda, shoulda (not really I discovered) been the forth attorney in the Case.

As a result of Leavenworth Lawyer Grantee/Beneficiary/Defendant Gary A. Nelson placing a call to Brian Grace and demoralizing him with negative and defaming statements about me and the case, thereby encouraging Brian Grace to take and keep my money and then decline to take the case. Aside from lawyer Gary A. Nelson, the worst thief with a liar’s degree in this case has been Lawyer Brian Grace. Upon the recommendation of Linda Parks the President of the Kansas Bar Association at the time, I mailed Brian Grace $2,500 that I had to borrow from a pawn shop at 120% interest after the other lawyers had their way with me. It has cost me over $7,500 and counting in interest, and my 1951 Ford that I have owned for 30 years is still in hock. Lawyer Grace-less did absolutely nothing except defraud me. He has gotten by with it, shut off his phone, closed his office, turned in his law license in and disappeared with his ill gotten gain. The $2,500 judgment that I got against him in Sedgwick County Small Claims Court has proven to be worthless. The Client Protection Fund Commission swallowed the trumped up bogus billing statements submitted by Lawyer Grace-less and awarded me the anemic & paltry amount of $865.86. It may be good enough for Government work but it is a disgrace and a slap in the face of justice and fairness. I would rate Lawyer Brian Grace-less as a “C” as in Criminal.

See www.failvfail.com. Press the Brian Grace-less button and read the rest of the story and listen to my song ”Money that’s all everyone seems to want. “

Defendant /Lawyer Gary Nelson filed an overly burdensome Motion for a Summary Judgment.  I hired another lawyer (not of record) and an unrelated paralegal that helped me, research, prepare, write and file an incomplete response. It was incomplete as I was undergoing Prostrate Cancer Treatments, a Heart Stint and was suffering from acute Diverticulitis. In other words I was sick and broke.

It was granted by Wilson County District Judge Rogers. Judge Rogers would not admit many of my Documents of Evidence including memorialized statements of my father stating the he wanted me to have the land at issue. I also had to and pay money to file a Motion in response to Attorney/Beneficiary/Defendant Gary A. Nelson’s Motion for Attorney Fees. Over the last five (5) years since my father passed I have fought the battle to get the land that both of my Parents wanted me to have for my Children. I have called and talked with over one hundred (100) Kansas Lawyers in an attempt to get help. The Orphan Child of Justice Still Cries in the Streets. All but seven lawyers either told me it was not there cup of tea, or they were conflicted out, or asked for so much money that I would have had to deed over the farm to them. The Small Town Lawyers in South East Kansas told me that they knew the players in the case and did not want to get involved. The Big City Lawyers told me that they did not want to get “Small Towned.” The few that got involved with the exception of fewer kicked the corpse, picked his pockets and withdrew.

If not too late, I finally found an honest knowledgeable attorney to help me. He is Wichita Attorney Jim McIntyre. He is the only lawyer who has believed me, and/or understands the real issues in the case. Under the adversity of entering the case late after a Summary Judgment, Jim has been aggressive, competent, fair, honest and reasonable on his fees in addition to being loyal and staying with me to the end, whatever that may be.

After I lost the Summary Judgment filed by Defendant/Attorney Gary A. Nelson, attorney Jim McIntyre filed an appeal with the Kansas Court of Appeals. The Court of Appeals asked a few questions and affirmed the lower Court’s Summary Judgment.  Jim has filed a Judicial Review with the Kansas Supreme Court and the case is now hanging by a thread.  www.faivfail.com

Issues of extreme concern;

Attorney/Defendant/Beneficiary Lawyer Gary A. Nelson represented Ivan J. Fail in various legal matters as his attorney. He assisted in having his name placed on deeds to Real Estate belonging to Ivan J. Fail that both Ivan J. Fail and Helen B. Fail (deceased January 31, 2000) wanted Larry Allen Fail and his children to inherit.

Wilson County District Court Judge David Rogers and Lawyer /Defendant Gary A. Nelson grew up in South East Kansas knowing each other over a long period of time. Judge Rogers’ father, the late Steven Rogers was my Ex wife’s Divorce Lawyer in 1964. Judge Donaldson granted her the right to remove my two daughters Deb and Pam from the State. The miniscule visitation provision in the case left sole discretion with my late ex-wife Joan Julian – Fail, (Deceased May 2009) to notify me when she was in the state. She never complied and the County Attorney charged me $20 in 1974 when I went and talked to him about Contempt issues and assistance in seeing my daughters. I lost them after spending money on lawyers in two states to help me see my daughters.

Circumstances surrounding the death of Ivan J. Fail on December 21, 2005.

Beneficiaries/Grantees/Receivers of Real Estate in Wilson County Kansas, upon learning that intended Beneficiaries/Grantees/Receivers Larry Allen Fail & Adam Lawrence Fail had discovered and gained knowledge of a Transfer on Death Deed to take Real Property from them placed the Grantor Ivan J. Fail in a Rest Home and issued a No Contact Order to The Prairie Village Rest Home in St Paul Kansas thereby preventing Larry & Adam Fail from talking with and/or seeing Ivan J. Fail until after his death. Then the Beneficiaries/Grantees/Receivers had Ivan J. Fail Buried within 48 hours after his death. On December 23, 2005 the Funeral Directors in Chanute Kansas told Larry & Adam Fail that they had an open schedule for Funerals. This is in conflict with what John Roy Fail told Larry Fail on or about December 21, 2005 in stating that the Funeral Home had no other time available for the Funeral. John Fail also knowingly gave a wrong address and city for the Funeral. He gave the City of Thayer when the Funeral was held in Chanute

Please review the enclosed and let me hear from you and what you plan to do about the crimes committed by Lawyer Brian Grace, and the defendants in the Fail v Fail Case.

Sincerely,

Larry Fail – MacPhale

cc:  With Docs

Jim McIntyre, Attorney at Law.

Stan A. Hazlett, Office of the Disciplinary Administrator.

Steve Six, Kansas Attorney General Consumer Protection Division.

Nola Foulston, District Attorney Sedgwick County Kansas.

Robert E. Blecha, Director of the Kansas Bureau of Investigation.

Brian A. Truchon, Special Agent in Charge, Federal Bureau of Investigation.

Richard L. Hines, Attorney at Law

Randy Wharton, Attorney at Law.

Scott Johnson, Attorney at law.

cc: No Docs

Chuck Apt, Attorney at Law.

Ted Knopp, Attorney at Law.

Kurt Kluin, Attorney at law.

Brian Grace – Ex Attorney at Law.

Ron Groves

encl:

Documents & Letters Enclosed

1.     www.failvfail.com Web Site – Front page & Larry Fail – MacPhale

2.     See Attached Article Titled;

“ACQUIRED DELAYED RECTIFIER CHANNELOPATHIES: HOW HEART DISEASE AND ANTIARRHYTHMIS DRUGS MIMIC POTENTIALLY-LETHAL CONGESTIVE CARDIAC DISORDERS.”

3.     The Nelson Maneuver.

4.     Picture of Lawyer Gary A. Nelson, Gene & Terry Dedeke, John Fail.

5.     Picture of Ivan Lee Fail & others & White Hat Picture.

6.     Picture of John Fail & Patty Hon.

7.     Letter dated June 27, 2006 to Attorney Ted Knopp.

8.     Letter dated May 9, 2006 to Robert Vela.

9.     Letter dated March 11, 2009 to FBI Special Agent Joe Meisinger. With attached documents marked Group 1,2,3, & 4.

10.            Letter dated April 25, 2009 to FBI Special Agent Monte C. Strait.

11.            Letter dated June 18, 2010 to District Attorney Sedgwick County Kansas, Nola Foulston.

12.            Letter dated June 18, 2010 to Stanton A. Hazlett, Disciplinary Administrator Supreme Court State of Kansas.

13.            Letter dated July, 20 1010 from Carol Green, Client Protection Fund Commission.

14.            Letter dated July 27, 2010 to Stanton A. Hazlett, Disciplinary Administrator Supreme Court State of Kansas.

15.            Letter dated October 29, 2010 from Stanton A. Hazlett, Disciplinary Administrator Supreme Court State of Kansas.

16.            Letter dated October 7, 2010 from Sally Brown, Client Protection Fund Commission.

17.            Letter dated October 9, 2010 to Sally Brown, Client protection Fund Commission.

Birth Certificate, Name Change Documents Larry Fail to Larry MacPhale – Four Pages.

18.            Letter dated May 16, 2008 to Office of Disciplinary Administrator. Request for Investigation of Linda Parks. With letters and Documents including Plaintiffs Motion for Relief to the Court.

19.            1981 & 1982 Leavenworth County District Court Documents.

Fail v Dedeke Eviction, Bankruptcy, Death Threat Issues.

Posted in Uncategorized | Leave a comment

Ivan J. Fail – Kansas Case.

Was It Murder?

Many Parents and Elders are abused each day by their children and family members in a mad rush to get the Cash and get Grandpa in the ground as fast as possible before anyone has a chance to discover any foul play. You can Help Stop Elder Abuse. Your Help is needed now. ________________________________________________________________

Was It Murder, or was it Elder abuse? In my opinion it was both. Ivan J. Fail was a successful and well liked Farmer in South East Kansas. He was my father. He passed on December 21, 2005 in a rest home in St Paul Kansas under suspicious, extreme, and bizarre circumstances. Both his daughter and her daughter, his granddaughter had motive, opportunity and knowledge as nurses of his medications, medical procedures and sources of medications various techniques available to them. They also knew the law especially the secretive HIPPA laws they used to hide behind as my father’s son in law, is married to my sister’s daughter. He is a crafty and knowledgeable practicing Lawyer in Leavenworth Kansas. His name was on the Transfer On death Deed to $600,000 of property that my parents wanted me to receive. He gained ownership when my father passed.
Shortly before my father’s death I discovered that his name was on the deed to my land. I contacted my older brother and he alerted my sister that I had discovered the new deed. Upon my discovery that her daughter and lawyer son in law’s names were on the deed to my property my sister placed my father in a Rest Home. Using the Medical Power of Attorney that my father entrusted her with, she immediately issued a No Contact Order to the rest Home preventing me from seeing or talking with my Father until after he died thereby preventing him from correcting the deed.
When my father died my sister’s daughter and her lawyer son in law Gary A. Nelson and my two brothers got my land in addition to the land that my parents wanted them to have totaling $2,000,000. I have spent over $50,000 in lawyer fees in an attempt to get my share of the land and address the issue of Elder abuse. As it stands now my sister and two brothers will get it all as a result of fraud and Elder abuse of my farmer father Ivan J. Fail and my mother Helen B. Fail. My father passed on December 21, 2005. He was 92 years old. My mother Helen B. Fail passed on January 31, 2000. She was 88 years old. I will live the rest of my life attempting to address the issue of Elder Abuse and restoring my parents honor and legacy.
To prevent other Elders and their family members from suffering the same abuse as my parents and help prevent the emotional trauma and expensive litigation that my children and me have experienced I want to contact Law Students and/ other individuals that may have an interest in studying the following Case and assist in producing a documentary film addressing the issue of Elder Abuse. The Film will document various cases in addition to my case. Wilson County District Court Case # 2006 CV 25. The case is now in the Kansas Court of Appeals awaiting Oral arguments. The Film will address the Question, “Was Ivan J. Fail the victim of Murder, Elder Abuse and/or Foul Play?”
Interested parties may contact me at macphale@gmail.com or call me at 1-800-722-9529, or 303-730-2100. See [link to http://www.failvfail.com] for a case summary. In 1984 I legally changed my name from Larry Fail to the old Scottish Family name MacPhale.
You can Donate any amount now to the Prevention of Elder Abuse at [link to http://www.PayPal.com.] Use Email Larry@requestusa.com

Proper Estate Planning is critical to avoid a painful Elder Abuse and Costly Family Litigation situation like my case illustrates. Everyone needs to read this True Story to protect themselves and their Love Ones from Probate and Real Estate Fraud.

Was Ivan J. Fail the victim of Elder abuse, Murder or Foul Play? Read [link to http://www.failvfail.com] and decide for yourself.

If you have a similar story Please tell me your story and join the Investigation of Elder Abuse, Probate Fraud within Families and assist in the forthcoming documentary film on the subject of Elder Abuse.
To Help Stop Elder Abuse – Please Donate at PayPal using Email address Larry@requestusa.com.
______________________________________________________________________________

Leavenworth Lawyer Gary A. Nelson engaged in the following dastardly & unsavory conduct thereby creating the “Nelson Maneuver.”  Also know as Unjust Enrichment.

Formula for “The Nelson Maneuver”

1. Get a Law Degree and turn it into a Liar’s Degree.
2. Make a Conscious Decision to become a Professional Parasite.
3. Find a Wealthy Host Client that you can Represent and Defraud, Steal and Plunder his Family Fortune.
4. Gain his Confidence and Plunder his Family Fortune for personal gain.
5. Represent him in Family Litigation.
6. Marry into the family
7. Learn and Manipulate the Family Estate Plane.
8. Covertly Distort, Manipulate and Misrepresent the Estate Plan through your wife and her mother, your mother in law using other family legal counsel. Use your mother in Law to get your name placed on a Real Estate Deed to property intended for another Family member, the victim of your scheme. Then have her place the victim’s father, your client in a rest home and misuse her medical power of attorney to issue a “No Contact Order” against your victim family member thereby preventing him from seeing his father before his death and exposing your scheme.
9. Divide the Siblings and Family & Conquer the Family and steal its fortune.
10. Cooperate in turning family members against the victim family member. Form a wolf pack against the victim of your scheme by sharing some of the spoils with other Family members that resents or dislikes the victim to gain their cooperation. If the victim Sues you, contact his attorneys and talk, intimidate or threaten them into not representing the victim thereby forcing the victim to represent himself pro se. Represent the wolf pack family members against the lone victim member and make additional money from them. Use your Law/Liar’s degree to draft fraudulent documents and affidavits with disingenuous statements for you and your co-conspirators to sign and present to the Court against the victim. Coach them in their lying about the facts in the case. Then bury the victim with legal paperwork and Motions to move the Court to disregard and/or throw out the victim’s evidence and proof of claim to his property. Then file a Motion for Summary Judgment to get the case thrown out of Court and keep your victim’s land for yourself thereby proving once again that Legal Might wins out over Moral Right.

______________________________________________________________________________

A dishonest person takes unfair advantage of trusting people when opportunity and temptation presents themselves. Money and power reveals one’s character. A law degree equaling power makes it easier to do so.

It is the opinion of the author based upon personal experience and the record that Leavenworth Lawyer Gary A. Nelson has proven himself to be a dishonest person and is the inventor of “The Nelson Maneuver” as illustrated in the Fail v Fail case. See http://www.failvfail.com Comments welcome at macphale@gmail.com

My three siblings Ivan Lee Fail, John Roy Fail, and Iva June Dedeke Fail have also proven themselves to be dishonest individuals in the Fail v Fail case and have split the Ill-gotten spoils with lawyer Gary A. Nelson and Tonia Dedeke Nelson and Patty Hon.

My long lost brother Ivan Lee Fail of Sparta MO. accuses me of being a con man. He stole my land. I did not take his land so who is the crook? Ivan Lee got 400 acres worth $800,000 plus $130,000 in cash and my dad’s Cadillac when our father died on December 21, 2005. I got zero (0) acres of my father’s 1100 acres of land in Kansas. My brother John Roy Fail got 360 acres worth $720,000 and cattle and equipment worth another $100,000.

My sister Iva June Fail Dedeke got 200 acres and producing gas wells worth a lot of money plus every single item in my parent’s home. I was supposed to get 188 acres but Ivan Lee, John Roy and Iva June and her lawyer son in law Gary A. Nelson took that and my kids and I got O acres of the Kansas land. The reason I was to get less was because I got some mineral rights in Colorado that I found and bought with my father many years ago.

They are worth a fraction of the Kansas land that I was supposed to get from my father. My three siblings and lawyer Nelsons and his wife Tonia (June’s daughter) and Patty Hon (John’s Girl friend) got 100% of the 1100 acres. My greedy and guilty brother Ivan Lee uses the issue of me selling my own car in Colorado as a smoke screen to hide his own deceitful conduct. The car dealer law states that if you sell more than three of your own cars in one year you broke the law. Compare me selling my own cares to Ivan Lee stealing my land worth $500,000. Who is the crook? Please read http://www.failvfail.com and you will see that it is not me.

Go to [link to http://www.failvfail.com] and read the November 21, 2005 transcript of my tape recorded conversation with Ivan Lee and decide for yourself. He told me that he would give me a notarized statement that he always knew that our father always wanted me to have my land. Also see the December 4, 2005 tape transcript where he is telling me that our father told him again that he wanted me to have my land. I will be posting both audio and video depositions of Ivan Lee telling me that it is our father on the tape recordings. I had professional Court reporters transcribe all thirty four (34) tape recordings of my father, my three siblings, my father’s lawyer John Rubow and other people all talking about the facts in this case. The court refused to accept my tape recordings and transcripts but that in no way altars the facts in the case or what my father said that he wanted. Attorney Gary A. Nelson knew the law and used the law to cover his fraud. It is another case of Legal Might winning out over Moral Right.
After my sister found out that I had discovered her deed swindle she rushed our father to the rest home and misused her Medical Power of Attorney that our father trusted her with and issued a no contact order misusing the HIPPA laws thereby preventing me and my children from seeing my father until he was placed in his casket. How low can one go? This is the most sinister and dastardly act that anyone has ever played on me. Then she had him in the ground within 48 hours even though the Funeral home told me that they had an open schedule for funerals. Both my sister and her daughter Tonia are nurses and my sister was administering all of my father’s meds. The motive and time line of events leads me to conclude that Tonia and June may very well have played a significant role in my father’s death. The web site of [link to http://www.failvfail.com] – will live on forever to tell the truth and serve as testament in proving who the dishonest individuals are in this case and to honor my parent’s legacy, Ivan J. and Helen B. Fail. To see the disingenuous do-gooder in the White Hat who got away with a million in cash and property – Google their eldest son – Ivan Lee Fail.
The Contact Information for submitting your Story & Monetary Contributions for the production of a new Educational Legal Documentary Film titled “Fail V Fail – The Nelson Maneuver.” Email. macphale@gmail.com 1-800-722-9529.
Donate to the Prevention of Elder Abuse at [link to http://www.PayPal.com.] Use Email Larry@requestusa.com

Posted in Uncategorized | Leave a comment

Hello world!

Welcome to WordPress.com. This is your first post. Edit or delete it and start blogging!

Posted in Uncategorized | 1 Comment