CHICAGO (FAXX/jGLi) – Probate Judge Daniel B. Malone of the Circuit Court of Cook County in Chicago ordered Tuesday (Oct. 22) Filipino American lawyer Alfonso S. Bascos to turn over “all his financial information” from 2009 to 2012 to the Cook County Public Guardian by Oct. 29, 2013 or risk being cited for “indirect contempt.”
A civil contempt can result in punishment, including jail time and/or a fine.
In his order, Judge Malone said the Public Guardian, represented by Atty. James Burton, should “tender First set of Interrogatories to Alfonso Bascos; Alfonso Bascos shall fully answer the interrogatories, including his financial information for the years 2009, 2010, 2011 and 2012 by Oct. 29, 2013.
“Mr. Bascos shall tender a courtesy copy to the court by Oct. 29, 2013; to include source of income and amounts as requested.”
“This matter is continued to Nov. 14, 2013 at 2 p.m. for (oral) argument.”
The order is in connection with the Citation to Recover Assets filed by the Public Guardian against Bascos, Carmelita Pasamba and her husband, Edgardo Pasamba, Pasamba’s sister, Jocelyn Vargas Baker, and Pasamba’s two adult children, Dennis Pasamba and Donabel Copon.
Mrs. Pasamba, a Certified Nursing Assistant (CNA), who worked at the St. Joseph Hospital in Chicago, was able to obtain a Power of Attorney (POA) and a pour-over will and a trust prepared by Bascos. These documents enabled her to initially write a check to herself for $30,000 from the bank account of retired Chicago engineer, Marshal F. Davies, 94, who lost nearly one million dollars from Pasamba and her family and her sister.
Burton earlier sought the full financial information from Bascos but complained that Bascos merely provided him “some financial information, but not all that I requested.”
Bascos and his lawyer, Filipino American Arcadio “Jun” Joaquin, did not comment when asked by this reporter if Bascos is going to comply with the order of the court to turn in his full financial information to the Public Guardian.
Bascos had earlier denied any wrongdoing.
Aside from oral argument on the financial information of Bascos on Nov. 14, Judge Malone will also hear the motion for the withdrawal of Alan B. Bers as lawyer for Pasamba’s sister, Jocelyn Vargas Baker.
NEW JUDGE ASSIGNED AT PASAMBAS’ CRIMINAL CASE
Meanwhile, Judge Nicholas Ford was the new judge assigned to preside over the criminal case of exploitation of a senior citizen against Pasamba in place of Judge Michael Claps of the Cook County Criminal Courthouse at 26th and California at Chicago’s south west side. Included as criminal defendants in this case are Pasamba’s husband, Edgardo Pasamba, and Jocelyn Vargas Baker.
More than a month after obtaining the POA and the pour-over will and trust, on June 16, 2008, Pasamba gave herself another $25,000 from the savings of Mr. Davies. She called these transactions “loans” and used the money to remodel her kitchen and basement.
On Oct. 10, 2008, Carmelita acted as POA for the sale of the victim’s condominium, located in Chicago, which the victim was to receive $189,010.70. Pasamba paid herself $50,000 cash out of the proceeds, which she called “bonus.”
From Sept. 1, 2008 to July 6, 2011, Pasamba paid herself a salary of $5,500 per month for her duties as POA, for a total of $170,000.
Pasamba first met Davies in January 2008 when he was confined at St. Joseph Hospital along Lakeshore Drive in Chicago for hip injury. She cared and befriended him. When Davies was discharged later that month, the hospital recommended that he be confined at a 24-hour home health care but Davies chose Pasamba to care for him.
Pasamba would take a leave from the hospital and asked her sister, Jocelyn Baker, and her daughter, Donabel Copon, to take care of Davies round-the-clock.
In March of that year, Pasamba and her husband Edgardo drove Davies, a lifelong bachelor, to the office of Attorney Alfonso Bascos at the Rizal Center at 1332 West Irving Park Road in Chicago’s north side. Pasamba asked Bascos to make her a Power of Attorney (POA) so she could be co-signer to Davies checking and other accounts. She also asked Bascos to re-draw a will and trust that gave her control over Davies’ assets.
Dr. Geoffrey Shaw, a licensed psychiatrist, who interviewed Mr. Davies in June 2011, said Davies “suffered from severe dementia in September 2008,” lacking the capacity to make personal and financial decisions as early as April 24, 2008.”