In a bold move, the legal counsel for CDSS (California Department of Social Services) has fired off a legally threatening letter to this reporter for the apparent “crime” of asking questions pertaining to the finances of a CDSS employee.
The issue, which indicates a cover up going on not only at the CDSS but potentially reaching into other realms of government, unfolded thus–
I have an old friend, whom I will call Scott, who is residing in an assisted living facility in Lancaster, California. Scott is not under a guardianship or other complicating legal arrangements. There are mounting concerns that Scott, who has been diagnosed with hydrocephalus, is not receiving appropriate medical attention. https://web.archive.org/web/20230324034652/https://www.activistpost.com/2023/03/dr-hossain-please-dont-let-my-friend-die.html In light of these concerns, Scott signed a waiver granting me access to his medical records in December of 2023. The intent here was so that I could potentially advocate for him.
The assisted living facility, Leisure Gardens, did not honor the waiver. Frustrated, I reported this failure to Community Care Licensing (CCL), which is a division of CDSS and is mandated with overseeing the functioning of assisted living facilities in California.
The response from CCL shocked me to my core. The investigator, one Leslie Castaneda-Ng out of the Woodland Hills office of CCL, summarily declared that the waiver, which was walked into Leisure Gardens by former law enforcement officer Bob Gettinger, who also recorded Scott signing the form, was a forgery.
After several attempts to resolve this mounting crisis, CCL facilitated Scott signing a new waiver in March of 2024. This new waiver gave me access to his medical records for 2024. Not quite as extensive as the old waiver, but probably sufficient. This new waiver was witnessed by a government employee.
Leisure Gardens, in the person of administrator Jessica Pelaya, then sent me two medical records from March of 2024. Further efforts on my part to receive the bulk of Scott’s 2024 records were ignored by Leisure Gardens.
Undaunted, I filed yet another complaint with CCL. This was assigned to investigator Melissa Spaeth, who then inexplicably decided that the complaint was “unsubstantiated.” Spaeth has refused further to explain her bizarre and damaging decision.
Let’s take a moment and step back in order to review what is going on here. We know full well that some of these facilities are using the Medicare numbers of their residents to launder significant sums of money. The prosecution of Philip Esformes, a nursing home owner, who was charged and found guilty of receiving a billion dollars (yes, you read that right) in fraudulent Medi-Medi claims, has instructed us that this may indeed be common practice. https://www.mcknightsseniorliving.com/news/philip-esformes-pleads-guilty-to-healthcare-fraud-sentenced-to-time-served/ By refusing to supply Scott’s medical records, and then by further assaulting the First Amendment rights inherent in my actions, thus violating both Constitutional and state protections, CDSS is exposing itself to further scrutiny.
Is indeed my friend “only” experiencing a failure to appropriately treat his medical condition? Or is CDSS covering up a more extensive fraud scheme?
When it was suggested to me that the CCL investigator who was involved in decimating Scott’s rights to release his medical records might indeed be “on the take, “ I did what I always do in these situations and checked her and her husband out on the county grantor grantee index, to see if they were the recipients of the monies from the mortgage scam. Since the publication of this article, https://www.tulanelink.com/tulanelink/judicialbribes_10a.htm about fifteen years ago, the work has expanded exponentially and now includes oversight on district attorneys, US attorneys and others involved in the legal system.
And since at least ⅔ of sitting judges researched, both state and federal, have mortgage profiles redolent of bribe-taking, it would stand to reason that those lower on the legal totem poll, such as Community Care Licensing investigators, might also be availing themselves of ill-gotten gains. As the research on Melissa Spaeth and her husband, Gary, an instructor at a Lancaster Bible College, was inconclusive, this reporter sent the couple an email, asking them to open up their bank accounts for journalistic review. And it is this act which apparently has the legal counsel for CDSS up in arms and making threats.
February 10, 2025
SENT VIA EMAIL TO XXXXXXXXXXXXXX
Janet C. Phelan
SUBJECT:
COMPLAINT NUMBER 31-AS-20241231131500
Dear Janet Phelan:
As provided to you in previous notices, your complaint (No. 31-AS-20241231131500)
regarding medical documents is complete and is closed. The Department is aware that
you disagree with the investigatory findings regarding Leisure Garden by Licensing
Program Analyst Melissa Spaeth. Should you wish to further correspond with the
Department concerning this investigation please contact Angela Whittaker, via email at:
XXXXXXXXXXXXXX. As stated above, LPA Spaeth has completed the
investigation and will not respond to any future correspondence you send to their
attention.
Additionally, the Department is in the process of responding to your Public Records Act
request, number R007893-072424, concerning complaints regarding the proper
functioning of the Community Care Licensing, Adult and Senior Care Program. To
ensure a timely response, for future correspondence with the Department regarding
your Public Records Act Request, please contact Shannon Albers at (XXX) XXX-XXXX,
XXXXXXXXXXXXXX, or Jason Montiel, at XXXXXXXXXXXXXX, in our
Public Inquiry and Response Unit.
Finally, your recent contact with LPA Spaeth and their family is unwelcome and outside
the Department’s practices and reasonable response to a challenge of an investigation
finding. The Department has been made aware of the following recent contacts:
• On January 28, 2025, you emailed Ms. Spaeth about an investigation and
included the following, “…you can try to defend your history of lies and false
accusations in court.”
• On January 29, 2025, you contacted Ms. Spaeth’s husband, who is not a CDSS
employee, and left a voicemail where you made disparaging remarks about
Ms. Spaeth, you threatened legal action, and informed Mr. Spaeth you conducted
a “financial records check” on him and Ms. Spaeth
•
On January 29, 2025, you emailed Ms. Spaeth’s husband and, again, made
disparaging remarks about Ms. Spaeth. You also demanded the Spaeth’s give
you unfettered access to their financial records.
The Department is concerned with your communications to LPA Spaeth and their
spouse and your represented research into their residence and personal information.
Accordingly, we have referred this information to the Attorney General’s Office for
further review and potential action.
We appreciate and expect your full cooperation in complying with this request.
Sincerely,
AMY LINDSEY-DOYLE
Assistant Chief Counsel
Department of Social Services
Apparently, the legal counsel for CDSS, Amy Lindsey-Doyle, hasn’t read the US Constitution and is unaware that asking questions is not a crime. And that covering up money laundering, or at the very least abusive medical practices, is.
This reporter has contacted both the press office of the Attorney General for California and also the CDSS for comment. At the time of going to press, no response has been received.