July 4, 2003
Re: Estate of Helen Marjorie Sloan, 02-ES-02-489
It had been brought to my attention that you have filed a petition on behalf of my brother, Creighton W. Sloan, asking for him to be appointed as our late mother's personal representative.
I am wondering why you did not serve me with your petition, since my address is on file with the court. Your failure to effect proper service of process has delayed this case.
What primarily concerns me now is that starting from April 1984 and continuing until her death on May 16, 2002, some of my mother's funds have gone missing. The amount of money involved is considerable, amounting to more than one million dollars. Most of these funds were taken by Creighton Sloan, your client, who claimed to be acting under power of attorney or court order. If your client is to be appointed as my mother's personal representative, he should certainly be required to account for the funds he has already taken and identify their current whereabouts or whether they still exist. Also, if some other person or party is appointed as the personal representative, Creighton is to be expected to provide that same information to that party.
I would like to inquire specifically as to the whereabouts of the following funds:
1. Starting in April, 1984, Creighton frequently notified the Virginia Supplemental Retirement System and the United States Department of Social Security to send his mother's pension and social security check to Creighton's address in Charlotte, North Carolina, rather than to his mother's address in Lynchburg, Virginia. At that time, her social security and retirement checks amounted to a total of about $3500 per month. My mother would, when she discovered that her check had not arrived, call these same two agencies and countermand his order. As a result of this back and forth, about half of her funds wound up in Creighton's hands. This process continued until August 1986. So, very roughly speaking, Creighton received $49,000 in this way. That is 24 months, times $3500 per month, divided by two. Please provide an accounting and information as to what happened to those funds.
2. During that time, Creighton was living at 383 Mimosa Circle, Charlotte, North Carolina. Creighton told both my mother and me that he owned the house at that address. My mother said that the house or an extension on the house had been purchased in part with her funds and that she owned part of the house. In 1991, I went to Charlotte, North Carolina and checked the deed and title records to that house and found that Creighton never owned all or any part of that house. What happened to the funds that my mother said that she gave to Creighton to pay for part of the house?
3. In August, 1986, out of desperation, my mother fled the Commonwealth of Virginia and went to New York. On September 3, 1986, Creighton, through attorney Walter Anderocci, had my mother arrested and held at the First Precinct Police Station on Elizabeth Street in New York City. My mother was released two hours later, as there were no grounds to hold her. She thereupon obtained a passport and fled to Argentina. Creighton then stopped all her credit cards and tried to have her detained in Rio Gallegos, Argentina. She got out of that and fled to Brazil, Paraguay, Spain and France. Each time, Creighton was able to track her whereabouts because he had access to her credit card and bank statements. Creighton again tried to have her arrested in Paris, France. She fled to Austria, then Hungary and finally to the relative safety of the United Arab Emirates.
Creighton then contacted the US Embassy in the United Arab Emirates and tried to have her detained there but was unsuccessful, so he applied to the Lynchburg Circuit Court for the right to take control of her bank accounts in Sovran Bank. By ex-party order dated December 12, 1986 and entered January 2, 1987, the Lynchburg Circuit Court gave Creighton full control over her checking accounts. A copy of the court order is enclosed. Creighton immediately withdrew all the money in her accounts and closed the accounts. What happened to that money? Where is it now?
4. Of particular interest to me is that the Sovran Bank also gave Creighton access to my own bank account, which had $3,000 in the account. This was a fictitious name account I set up in the name "Helen M. Jacobson". This was entirely my account. My mother never used that name, she did not have signing authority over that account and she did not even know that the account existed. My bank officer who set up that account was named Carolyn Butler. Since that was my money, I demand that Creighton return that money to me.
5. After obtaining the ex-party order entered January 2, 1987, Creighton again was able to get our mother's pension and social security checks sent to him. She was completely without funds and dependant on me for support. By about May, 1987, my mother was able to countermand Creighton's instructions and was able to start receiving her own money again. What happened to the checks Creighton received during the period December, 1986 to May, 1987, before my mother started receiving her own checks again?
6. During this entire time, Creighton was driving his mother's car, an Audi. Creighton had "borrowed" the car but had never given it back. Creighton had a bad driving record and had been involved in many automobile accidents. For this reason, he was assigned risk, so to avoid this he drove his mother's car using his mother's auto insurance policy. This made my mother angry because she needed the car to drive to work. It also exposed her to liability in case Creighton had another car accident. She was still working in 1984 when this situation began. In 1991, Gloria said that the car had been sold. What were the proceeds of this sale and what happened to that money?
7. An additional result of the court order dated December 12, 1986 and entered January 2, 1987 was that my mother's revocable trust account with Sovran Bank was frozen. My mother had set up that account for the express purpose of shielding the funds so that Creighton would not be able to get to them. She had strictly instructed Robert McCallum, the bank officer who had set up the account, not to give Creighton access to the account. However, Robert McCallum left the bank shortly thereafter and another bank officer took over the account. That new officer gave Creighton access to the account. In October, 1986 while she was in Argentina, Creighton ordered all the funds frozen and all of his mother's credit cards cancelled. His purpose in this was to force her to return to the United States. Our mother then wrote the bank and got the funds unfrozen. For this reason, Creighton filed a lawsuit to get the funds frozen again. Since December, 1986, the funds have been frozen. Meanwhile, the same bank officer who got the funds frozen in the first place continued to deposit any checks he received into the frozen bank account. By the time of her death in May, 2002, there was $200,000 in this frozen bank account. What happened to that money? Can Creighton account for it?
8. On September 3, 1990, Creighton had his mother kidnapped in Bangkok, Thailand by a professional kidnapper named Boonchoo Yensabai and brought first to Maryland and later to Aiken, South Carolina, where he had just moved. However, since 1987, my mother had strict instructions in effect with both the United States Social Security Administration and the Virginia Supplemental Retirement System to ignore any demands by Creighton that her pension and social security checks be sent to him. By 1991, these two monthly checks combined came to $5,000. These accounts had been red-flagged so that no changes could easily be made to these accounts. As a result, even though Creighton by then had successfully had his mother kidnapped and had her under his control, he still could not get her checks. By ex-parte order dated January 16, 1991, entered without notice or the opportunity for a hearing, the Aiken County Probate Court ordered all checks to be sent to Creighton. This order expired in April, 1991, when the same court ordered that the same checks to be sent to the NCNB Bank. However, the bank never received the checks. Contrary to court order, Creighton continued to receive the same checks until her death, 11 years and four months later. With Cost of Living Adjustments (COLA), these checks combined averaged $6,000 per month, or $72,000 per year. This plus accrued interest over 11 years amounts to more than one million dollars. What happened to that money? Can Creighton account for it?
Note that the order dated April 1991 said that our mother was to reside in Creighton's home. That never happened, either. Immediately after the court order, my mother was locked up in a secure facility, essentially a nursing home, and in spite of her almost daily attempts to escape, she was never able to get out of there. In a 1991 interview I found in the court files, it was noted that she was opposed to the appointment of Creighton as her guardian. She stated that he had not shown much interest in her and "I don't see them too often".
9. In March, 1992, Creighton started yet another lawsuit against his own mother. This new suit was filed in the Lynchburg Circuit Court for the purpose of taking possession and selling his mother's house at 917 Old Trent's Ferry Road, a house which she had always said would be the place when she was going to live when she got old. Creighton had no right to file that suit because he had not been appointed the conservator of his mother. The NCNB Bank (now Bank of America) had been appointed. In the Lynchburg Circuit Court, Creighton produced the January 16, 1991 order which was no longer valid and claimed that he had been appointed Conservator. Neither the bank, his mother nor myself were ever served with the summons and complaint. Frank Davidson III, the attorney for Charles and Shelby Roberts, kidnappers of my daughter Shamema, appeared, claiming to be a court appointed attorney for our mother, which was another lie because he had not been appointed by any court of competent jurisdiction. The judge was Michael Gamble, the same judge who is the plaintiff's attorney in the case of Alma Sloan vs. Helen Marjorie Sloan which is still pending. Creighton's lawyer was Cecil Taylor. Cecil Taylor got Judge Gamble to agree to have the house sold to Stanley Taylor. I wrote Stanley Taylor to inform him that Creighton had no right to sell him the house and Judge Gamble had no jurisdiction to order the sale of the house. Stanley Taylor died of a heart attack two weeks later. Cecil Taylor then threatened his heirs with litigation if they did not complete the purchase. Finally, the house was "sold" in 1994 for $75,000, even though the house was easily worth $150,000 and is now assessed for more than $300,000. Of that $75,000, $20,000 went to pay attorney's fees for Cecil Taylor and Frank Davidson III, $20,000 went for moving and storage expenses, and $5,000 went to the real estate broker who has since had his real estate license revoked. That left $30,000. Where is that $30,000 now? Can Creighton account for it?
From looking at the items listed above it can be readily seen that Creighton has taken well over one million dollars of his mother's money. There may also be accumulated interest. It is your duty as an officer of the court to see that there funds are accounted for. Here is a summary of the above items:
Item 1. Checks and funds taken between April 1984 and August, 1986 Approx. $49,000
Item 2. Funds paid to Creighton to buy part of the house in Charlotte NC Unknown
Item 3. Funds taken in January, 1987, when he closed her checking accounts About $10,000
Item 4. My own funds Creighton took: About $3,000 but not counted here.
Item 5. Pension and Social Security Checks from January to May, 1987 About $14,000
Item 6. Audi car which Creighton sold About $2,000
Item 7. Frozen Lynchburg Account with Sovran Bank, now Bank of America $200,000
Item 8. Pension and Social Security Checks from January 1991 until May 2002. $816,000
Item 9. Proceeds of the sale of the house in Lynchburg. $30,000
There was no question of expensive sitters being hired to take care of my mother, because my mother was a fiercely independent and private person who would never tolerate the presence of anyone in her room and who would drive out anybody who might try to enter. My mother was physically strong, much stronger than the average woman, strong enough to keep out intruders in her room but not strong enough to break out of the jail where she was being held.
Is clear that there should be at least one million dollars in my mother's estate. Since Creighton had control over almost all of these funds, only he knows what he did with them or if they still exist. It is noteworthy that in August, 1990, Creighton contracted to buy the mansion for himself and his family located at 102 Indian Creek Trail in Aiken, South Carolina, right after he had returned from Bangkok, where he had hired a professional kidnapper to kidnap his mother. He should be required to reveal where he got the money he used to buy that house.
In this letter, I have not gone into the fact that Creighton also had three of my children kidnapped, had me arrested or tried to have me arrested many times, traveled long distances to testify in court against me on behalf of others many times, called the police and had me and my car searched every time I came to Aiken to defend my mother and so on.
Creighton has been through several attorneys before he got to you. You made wonder why he always needs to find a new attorney. Creighton chases his mother around the world to get her money or to have her kidnapped, and then he applies to the courts to achieve what he has been unable to do otherwise, or to get the court's seal of approval for what he has already done.
I wish to remind you that you are not merely a private attorney hired by Creighton Sloan. You are also an officer of the court. Therefore, you have an ethical obligation to provide this information about the missing funds to the courts.
Very Truly Yours,
Samuel H. Sloan
Copy to: Donald B. Hocker, Probate Judge
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