8-18-2011-Alan Hamilton via Marjorie Miller, Neocortechs
As stated on the Hamilton Embezzlement FlowChart page, under "2011":
"Tax returns filed by Danny Davila and Sylvia Hamilton are fraudulent. They do not mention the $800,000 theft from the Estate or the Trust and K-1 forms required to be given to Alan Hamilton for the years 2003-2008."
The amended taxes by Danny Davila and Sylvia Hamilton mailed to Alan Hamilton on March 13, 2009, still had no mention of the stolen $800,000, the Trust or the required K-1 statements to Alan Hamilton as a beneficiary of the Estate. No Trust Annual Reports or bank account statements were ever received to back up the proposed tax filings, tho repeatedly requested.
The 1099 forms in the 2003 and 2004 taxes done by Danny Davila clearly reference the Trust. Do a search for the word "Trust" in the 2004 taxes at the links below:
2004 taxes - a direct search for "ALFRED/MAURINE P HAMILTON TRUST" will show a Bank of America Military Bank account 1099 for $911 interest, filed by Danny Davila in the 2003 taxes, which means he knew there was at least $91,100 in just that one account, when Danny Davila said that Maurine Hamilton was broke. For some reason this Bank of America 1099 in 2003 is a bad grey scan which did not OCR well enough for word searches and has to be found by searching only for the word "Trust". This is the bank account we have been trying to get the records for, from Bank of America, to no avail, as of yet. We have yet another phone and address from Bank of America customer support as of 8-17-2011. The 2002 1099 states that $3400 interest was paid on the BofA acct, and $1400 interest on the Yoakum Bank account. That's $340,000 in one account and $140,000 in another account. And they'd just sold a house in April 2003 and received $99,000 for it. This money was in yet another bank account. Which is why they had large investments in annuities. They did not need the money and were investing for Alan and Sylvia's retirement in 2017, as shown on the Hamilton Annuity Spreadsheet.
There was also 1099 interest on 3 other bank accounts for $617, $110, $396. At 1% interest, multiply each of those 100 to get the approximate balance of the other bank accounts: $61,000, $11,000 and $39,600. Basic accounting math. These were not the taxes of a "broke" person.
Also, see the $300,000 in annuities received from Mutual of Omaha in June 2004 (TBD), with Danny Davila's handwriting on it. Broke? What a joke. Broke AFTER Danny, not BEFORE.
Do a search for "Military" and see the $70,000/year Military Retirement pay that Alfred got and that Maurine was no doubt entitled to spousal support after death. Wouldn't applying for VA spouse death benefits be the obvious first choice, not raiding ALL the annuities, not just one annuity, ALL the annuities at the same time/year, causing a huge tax penalty as well.
Indeed, in the 2003 tax link below, do a search for "Dependency and Indemnity Compensation" and you will find the following sentence in a letter from the VA department included in the 2003 taxes by Danny Davila himself. If Danny Davila had Maurine Hamilton's best interest in mind, this is surely what course of action he should and would have taken.
"For example, you may be entitled to receive Dependency and Indemnity Compensation from the Department of Veterans Affairs."
We could go on about how there are no Farm deductions from John Cowan, the farm hand, or Alan Hamilton and Maurine Hamilton, the farm managers, how the taxes are completely different than Dorothy Milek's 2002 taxes, how there is no handwriting by Maurine on the 2003 taxes, as there are in the 2002 taxes; how the IRS checks were written out in Danny Davila's handwriting, but signed by "Maurine Hamilton", though these signatures do not match signatures on checks written and signed by Maurine Hamilton around that same time period, with no problem whatsoever.
But let's just start with that.
There is only one "pass-through entity" referenced on www.ProbaitCourt.com. It is the Hamilton Family Trust referenced on the first page of the website when you log in. The Trust and associated documents are located on the Trusts and Wills page. Due to size limitations, The Trust was scanned in multiple files, and even so take a few minutes for each piece to load.
Trusts require a K-1 to be file with the IRS and the beneficiaries. Alan Hamilton was 50/50 Trust beneficiary with Sylvia Hamilton, as clearly stated in both the 1996 and 2001 Trusts.
Danny Davila was the Estate CPA and wrote and signed the "2004 Durable Power of Attorney's (DPOA)" which states he will take responsibility for the Estate should the current executor(check title in doc), Sylvia, fail in their duties. Yet he filed IRS extensions, according to his billing statements, in 2005, 2006,2007 and 2008 (scan in Danny Davila's Billing records-TBD), so he knew those duties were not being performed and he did nothing. The Durable Power of Attorney's (DPOA) Fiduciary Duty was his "role with that entity", as well as his professional responsibility as the Estate's CPA.
green = TBD
If the agent named by me dies, becomes legally disabled, resigns, or refuses
to act, I name DANNY DAVILA as successor to that agent.
We have many reasons and many pieces of evidence. We will list them as we uncover them, as more evidence is being found as we obtain requested documents/bank records etc.
1) no physician's certifications needed as was Maurine's wish in the Recorded DPOA
2) no special paragraph limited the "agent's" powers to only putting stuff into the trust, not take it out.
3) Alan's named spelled wrong, as "Allan", in a legal document, supposedly by his mother. We have other documents in Danny Davila's handwriting where he also spells Alan's name as "Allan" (to be scanned in still-TBD). Habits are hard to change and often are the undoing of a perfect criminal plan.
4) If the document is valid, why didn't Danny Davila inform Alan Hamilton or give him a copy of it on Sept 10, 2008, when he was telling Alan about how he "got yer mother's money back".
5) If the document is valid Danny, why didn't do what he said he would? If not fraud, then negligence? He did not take care of the Estate, as Fiduciary Duty for a DPOA signature would require.
Maybe other stuff, that's just what comes off the top of my head right now.
see documentation from Mutual of Omaha received Jan 2009. Danny Davila wrote the letter, the DPOA, and was the successor agent with the Fiduciary Duty to take over if the previous agent "failed to act." Danny wrote the DPOA. And Sylvia failed to act. Danny acknowledged that failure with his tax extension filings for the Hamilton Estate in 2004, 2005, 2006, 2007, 2008 - check dates in billing records.
We seem to have a contradiction here in your questions. We have this "2004 DPOA", written by Danny Davila, which says that Maurine Hamilton was incapacitated and that Sylvia Hamilton was the recipient of the money. It also says Danny Davila will take over if Sylvia does not perform her Fiduciary Duties. Not doing the taxes, would be a failure in Fiduciary Duties. The taxes would have revealed the missing money to the Trust beneficiaries, i.e. Alan Hamilton, and then the remaining money would have been recovered and the case would have been solved early on. Instead Danny Davila chose to continue a cover-up of his behavior, be it fraud or negligence.
· Do you have any evidence that Maurine Hamilton did not request that these annuities be surrendered?
1) Mutual of Omaha sent a letter on Aug 9, 2004 (a Monday), saying Danny Davila and Sylvia Hamilton had inquired about Maurine Hamilton's annuities on August 6, 2004 (the Friday 2 days before August 9, 2004), and that she refused to speak to them because Maurine was not present. And yet they say that Maurine was there on Aug 6, 2004 to sign the DPOA.
2) Signatures on checks written in Danny Davila's handwriting and then "signed by Maurine Hamilton", do not match Maurine's signature on other checks around that same time period. We are attempting to get all the bank records for this account from Bank of America. Maurine had no problem filling out her own checks, and had very good hand-writing, so where do these weird Danny Davila hand-writing checks come in to play? You tell us.
3) Annuity spreadsheet clearly shows plan.
4) By Maurine and Alfred's choice, Trust became IRREVOCABLE upon death of either spouse. In their Recorded DPOAs, they specifically say that "agents can only put money in, not take it out" - paste paragraph from Recorded DPOA here - TBD.
· Do you have any evidence that any of the proceeds from these annuities did not go directly to Maurine Hamilton?
1) Sylvia Hamilton confessed to attorney Wayne Gronquist on August 26, 2008 to stealing $800,000 in annuities from the Estate. Wayne Gronquist then told us on _________. Wayne Gronquist then set up an appointment at Danny Davila's office on Sept 10, 2008, where Danny Davila gave us a little store receipt ticker-tape that said $749,000 was missing from the Estate.
1) Bank records showing $150,000 transfers to Sylvia Hamilton's account, and other very large amounts, many times. As we have not been able to get copies of Sylvia's bank records yets, we do not know who she distributed the money to, but Sylvia and Danny say that "Sylvia is broke and gave all the money to a psychic".
2) Two years after Danny Davila got $800,000 in cash released to Sylvia alone, Maurine Hamilton died with her bank accounts near zero, when she was mysteriously found dead in Sylvia's care after Maurine requested to be moved into a nursing home, out of Sylvia's house, where she had gone for a visit over Christmas 2003 and never allowed to leave. Visitors and health professionals were not allowed to see Maurine, though Alan contacted Danny Davila when he found out that he was the "new Estate CPA", went to Adult Protective Services, and got an attorney. Danny Davila told Alan "he hadn't heard from them in a couple of years". Adult Protective Services did nothing. Wayne Gronquist the attorney, sent Sylvia a letter, and apparently made her nervous, as Maurine turned up dead shortly after the letter from Wayne Gronquist was received.
· Do you have any evidence that Davila was involved with any impropriety related to the surrender of these annuities?
This question is answered in the above questions. Danny Davila is either hiding criminal behaviour or negligence. We do not know which.
Please respond to these questions at your earliest convenience. If you have any questions, please feel free to contact me at any time.