Explanation of the events leading up to the suspicious death of Ivan. J. Fail and the wrongful taking of the inheritance of one of four siblings by the other three siblings, and other family members including Leavenworth Lawyer Gary Nelson, and Patty Hon.
I lost my mother on January 31, 2000. She was 88. I lost my father on December 21, 2005. He was 92. My father and mother loved and trusted their four children equally. They never deceived us and they were always there for us. They were fair and honest with each one of us. They never favored one over the other. I loved and respected them for their loyalty and dedication and who they were. I loved trusted my three siblings. After my mother passed my father and I trusted them to hold in their names, with their knowledge and consent, my share of the land and estate assets that he wanted me to have after he passed. This was an informal arrangement know as a constructive trust. They have chosen to breach the trust that my father and I placed in them. They made the choice to dishonor our parents and their wishes and keep my property for them selves.
These events were brought about as a result of a Colorado Lawyer’s decision to steal my business in 1990 and the litigation that resulted. The resulting tributary events were expensive and created contingent liabilities that changed my life forever. To protect my family and our property from the litigation and contingent liabilities, on my instructions my father removed my name from the family wills and we placed the property in his and my mother’s names. In 2000 when my mother passed we placed the property in the names of my three siblings with their knowledge and consent to hold in trust for my children and me. After my father passed they all got a bad case of amnesia at the same time, (Made Medical History) and stole my property, and then set about telling the world about what a crook brother Larry is.
The Colorado Lawyer that took my business was my sales manager and an employee of my company Ad-X International, Inc. He had signed a non-compete agreement with my company agreeing not misuse my company’s trade secrets and start a competing company. He chose to breach the agreement and started his own competing company I 1990. As a manager with premeditated criminal intent he was instrumental in increasing my companies overhead and liabilities and demoralizing and dismantling my sales staff so that he could take over and steal my company. He covertly built his business within my business similar to what a parasite does within the body of its victim. He was instrumental in spreading rumors about me and my company to my company’s clients and employees thereby enabling himself to convert my employees and clients to his own company for his own use.
In an attempt to enforce my non-compete agreement I filed litigation against the lawyer in 1990. The Court enforced my agreement and under Colorado Law issued an order that would restrain the lawyer from competing with my company providing that I post a $100,000 cash bond. I was unable to do so and he continued in business for seven years. The litigation continued for the next 13 years with 13 different lawyers, nine different Judges in four different judicial jurisdictions until I won a U.S. District Court Judgment against the lawyer and his wife in 2003 in excess of $5,000,000. It is as financially worthless as he is. The Colorado Supreme Court disbarred lawyer Kolbjornsen because he committed bankruptcy fraud against me.
Even though Federal Bankruptcy Judge Brooks, and the Colorado Supreme Court found that Kolbjornsen committed Bankruptcy Fraud , the Bankruptcy Trustee refused to file criminal charges against Kolbjornsen for 4 ½ years. Then after my repeated requests on a monthly basis she finally agreed to do a criminal referral to the FBI. I turned all of my books and records that had cost me over $30,000 to assemble over to the FBI that pertained Kolbjornsen’s fraud. They poured over them and they told my lawyer that I had a great case. Ah - finally justice and the possibility of Court Ordered Financial Restitution so I could pay my bills and feed my lawyers and my kids.
The FBI took all of my information to the U.S. Attorney’s office to have charges filed. The U.S. Attorney’s office said you have a great case, h o w e v e r, the five (5) year statute of Limitations has passed and we cannot file charges. Kolbjornsen and his wife celebrated America’s Judicial System. My costly records had also revealed that Kolbjornsen and his wife had under reported their income over a seven (7) year period by $490,000. I mailed this information to the IRS three different times in an attempt to earn an award to recoup some of my losses and pay them the money that I owed as a result of Kolbjornsen’s criminal acts against me. Each time the IRS responded by telling me that they were not interested and not to write to them again. I often think that my bad Karma is because I was lawyer in a past life. For the rest of the story, Go to Google on the internet and enter the name Kenneth Edward Kolbjornsen. Also Google Trenton H. Parker his partner in crime.
Parker was an associate of Kolbjornsen. An acquaintance referred to me Mr. Parker who was acting as a rental agent at an office building at 1380 Sherman Street in Denver Colorado. I rented some space from Mr. Parker to re-start my business after Kolbjornsen had stolen it from me and put me on the street. Within weeks of moving in Mr. Parker locked me out and stole by new business with the help of Kolbjornsen and an associate named Bill that I seen at the location. He had also been an employee of my old company that Kolbjornsen took. I sued Parker in 1993 and got a $567,000 judgment against him in Judge Herbert Stern’s Denver District Court.
Two of Parker’s employees testified against him and told the Court that they had helped Parker steal my property. Parker committed bankruptcy fraud as did Kolbjornsen and put me into involuntary bankruptcy. It was later dismissed. My idiot lawyer Joe Hughes would not ask for my attorney fees to be paid even though the visiting Judge did ask him if he wanted to. Judge Stern found that Parker had committed crimes against me and awarded me treble damages. I went to Denver DA Norm Early and pleaded with him to file criminal charges against Parker as I wanted Court Ordered Restitution as my Judgment against Trenton H. Parker was, and still is, as worthless as he is. DA Early personally promised me on the phone that he “would look into it.” Shortly thereafter he took a fat paying political job with Lockheed Martin as director of security.
I then took my pleas to the new DA Bill Ritter. I wrote him many letters and talked with him on the phone. He told me that he would consider filing charges against Mr. Parker providing that I could show him paperwork to support my complaints. I asked him if Judge Stern’s “Finding Of Fact” that he prepared after Trenton Parker’s Civil Trial would be acceptable. DA Ritter told me that he would look at it. I hand carried Judge Stern’s Finding of Fact” to DA Ritter’s office three different times as his office had misplaced it twice. Then after many phone calls and letters to DA Ritter I finally received the “Dear Larry” Letter from DA Ritter’s associate DA, Phil Parrot. He told me “We have visited this issue before” and in essence told me to get lost. Who knows where DA Early went? Trenton H. Parker went on to rob and plunder other people’s lives.
Phil Parrot retired with accolades, awards and honors and a fat monthly retirement check. Bill Ritter was promoted to Governor of Colorado. I am still attempting to find peace, justice and forgiveness. Can there be forgiveness without justice?
There were many tributary legal problems to numerous to mention herein that feel upon me as a result of the Criminal acts committed against me by both Kolbjornsen and Parker. I had to install a number machine at my front so the bill collectors could take a number and wait their turn. Other problems were created by other people that wanted to join the gang and vilify me for their own self interests. Kolbjornsen had planted a sectary in my office through another lawyer to recruit my employees and covertly steal my records. She also falsely accused me of making an obscene phone call to her. While acting as my sectary she had typed a letter of complaint for me that I filed with the Arapahoe Count District Attorney’s Office against assistant DA Carol Chambers.
I had filed the complaint because she had kept my ten year old twin sons and me waiting on her for 3 ½ hours in her office when we had gone to see her about a shoving match that my sons had with some neighborhood friends.
She asked me why I had brought my sons with me to see her. She had also said to me that she did not like people like me that used their children to sway the judicial system. I found her intimidating and disingenuous statements offensive and attempted to explain to her that her office had asked me to bring my sons to see her and that I was not a witness to the alleged event and my sons were and they could tell her what transpired.
Six months after I filed the complaint against Ms. Chambers that had been typed for me by my sectary Cecile Dreher, Ms. Chambers and Ms. Dreher had me in a Court room in Douglas County in a Jury trial charged with making an alleged harassing phone call that was never made, by me or anyone else. It was a complete fabrication. Due to my dismal financial state as a result of Kolbjornsen and Parker’s criminal acts against me I was forced to accept Public Pretender Defender, Natalie Frye. She chose the jurors that I did not want, and kicked off the jurors that I wanted. She made pleasant all knowing eye contact with DA Carol Chambers. She quit half way through the trial and lied to the senile old Judge that was dying of Lou Gehrig’s disease. It was his last case before he fell off of the bench. The God fearing Jury found me guilty with no proof other than Ms. Dreher’s false statement that she recognized my voice.
Yes - she knew my voice as we talked often on the phone when she worked for me. For this reason I know without question that she received no phone call from anyone. She perjured herself with Ms. Chambers’ knowledge and help. I hocked everything that I had left including musical instruments that I had owned from childhood and paid $15,000 to an appeals attorney. Judge Turilli reversed the verdict stating in so many words that it was a bogus trial. I instructed my appeals attorney Wade Eldridge to tell the DA that I wanted a new trial so that I could prove that I did not make the phone call and attempt to salvage what was left of my reputation.
In knew that I had to do something to deal with my inter rage and quench my ever growing thirst for justice, I could not walk away from this one. I knew that I had a responsibility to expose a corrupt public official, and out a dangerous person that was willing to perjure herself and see an innocent person go to jail for whatever reason.
To maintain any degree of self respect I knew that I had to prove that Ms. Dreher and Ms. Chambers had constructed the bogus case and had fabricated the only evidence they had which was Ms. Dreher’s false statement.
My attorney, Mr. Eldridge called me and told me that the DA had told him that there would be no new trial because they had lost the file, and Ms. Dreher was getting cold feet. These were his exact words. The DA’s office knew that this case was fraudulent yet no one any where was willing to do anything about it or hold anyone accountable. I wrote many letters to all State and Federal Officials pleading for an investigation and no was home. Ms. Dreher got her reward from Kolbjornsen and the man haters.
(Google ) Arapahoe County District Carol Chambers went on to become the greatly acclaimed and troubled Arapahoe County District Attorney. She is now running for re-election. Her husband is also a lawyer and is chairman of the Arapahoe County Republican Party, so she should have no problem getting reelected and continuing to dole out injustice for the poor innocent outsiders and protecting the guilty well Connected Insiders. Business as usual, because no one wants to get involved. I am still looking for peace and justice and the hell with forgiveness.
During my dark years there were other people who used my ignorance, blind trust and misfortune to further their own cause and pick at my bones. One of these people was my older brother Ivan Lee Fail who has written extensively about his own personal investigations of me with law enforcement in Colorado. His slanderous and defamatory self serving hate filled letters to my lawyers and others, and his internet blogs serve to diagnose the depth of his depravity. The day we buried our father, December 23, 2005, my brother Ivan Lee told my son Adam and me. “You and dad had it your way all of these years, but by God you are not going to have it your way from here on.”
Ivan Lee had my father’s power of attorney and our father told him on December 4, 2005 that he wanted my son and I to have the land that he had always told us that he wanted us to have. I sent Ivan Lee the Deeds to sign for my father. He told me that he would consider signing the deeds because always knew that dad wanted me to have the land. He backed later backed out and told my son and me. “The deeds are staying as they are and we are keeping the land.”
The root cause of my legal problems is my inability and/or refusal to see people for who they are and what they are. My naivety, trust and self interests all too often overwhelms my sense of decrement. These inter weaknesses resulted in my putting property in my parent’s names, and later in my three sibling’s names to hold for me. This lead to the Wilson County Case of Fail v Fail. www.failvfail.com.
Over a period of many years I not only mailed all of the information on my business affairs and legal entanglements to my parents and my three siblings on a weekly basis, I also talked to my parents weekly and my siblings at least every 30-60 days. Both my father and I kept my three siblings fully informed on my business and our business together. Now that my three siblings have chosen to disown my children and me in an attempt to justify their thievery that now claim that they know nothing about anything. They also claim to know nothing about my 50/50 financial partnership with may parents that started in 1975 and lasted until my parents passed on in 2000 and 2005. My siblings went from complaining about the partnership on regular basis over all of these years to signing legal notarized affidavits stating that they have no knowledge of any partnership that I had with my parents.
The affidavits were prepared by my sister’s son in law lawyer Gary A. Nelson. His name found its way onto the Real Estate Deeds to the property that my mother and father wanted my children and me to have. He is now representing himself, and his wife Tonia Nelson who is the daughter of my sister Iva June Fail Dedeke, and her husband Eugene “Gene” Dedeke, my older brother Ivan Lee Fail, his wife Cindy (a good lady), my younger brother John Roy Fail, and his girlfriend Patty Hon. John deeded his 360 acres and the interest that he was holding for me to my 188 acres to Patty Hon 2 ½ hours after our father died.
John had told me 30 minutes after our father died that he would deed it to me if he determined that there had been a mistake. It took him but only a few minutes and amnesia about the constructive trust to determine that there was no mistake. The land he gave to Patty Hon has a total value of over $1,000,000. The possibility of Brother Larry getting anything created such trauma for my siblings that their memory banks went on instant melt down at the exact instant that my father passed and they all developed and a medical first of mass amnesia. They remember nothing that would reveal the truth. I am still looking for peace and justice. They also are looking for piece. A piece of mine, and a piece of yours if they can get away with it, and the hell with justice. “Adversity does not build character, it reveals it.”
“I was a wounded duck. Some human kind, and some lawyer kind love the taste of duck, and wounded ducks are easy to catch, kill and roast. My three siblings also found the tempting taste of a wounded duck irresistible.” A few human kind, and far fewer lawyer kind, who find a wounded duck along the road of life, will pick it up and nurse it back to health. Many more will stoop down and pluck the last feather, and step on its neck hoping to find an overlooked morsel. May they find a spoiled one that makes them sicker than hell.
There are many lawyers, and there are a few good lawyers, and that it all depends and what the meaning of good is. A good lawyer is not always a good person, and a good person is not always a good lawyer. The challenge for a person in need of a lawyer is finding a good person that is also a good lawyer, and in that order.
My legal name is Larry Allen MacPhale. I was a born Larry Allen Fail on January 18, 1941 in Neodesha Kansas. In 1984 for professional reasons as a musician, artist and business man and to remember my family name and linage from Scotland from which some of my family members came in the 1600’s I legally changed my last name to MacPhale. I consider myself a member of the larger Fail and MacPhale Family. I was raised on a Farm near Chanute Kansas. My parents were very loving, caring, hard working honest people that earned and enjoyed the love and respect of many wonderful friends, neighbors and family members. I have two brothers and one sister.
After I saw the Beatles in Kansas City in the early 60’s I relocated to Littleton Colorado in 1967 and became a Real Estate Broker and Investor with my father and mother. In 1975 I found and we purchased a large track of Land in Adams County near Denver International Airport, aka DIA. We also bought and sold residential property together. I was able to find and invest in Oil and Gas properties. In our 50/50 partnership I would find the property, locate and arrange for financing, manage and sell the properties, and my parents would provide the cash funding as arm chair investors. After they received their initial investment we split all profits on a 50/50 basis.
I made other outside investments on my own and they did as well. As a result of these efforts my parents were able to help my three siblings and me financially in many ways that they could not have otherwise. Over the years my father’s pride and discussions related to these successes built discontent and resentment within my three siblings against my father and me. Not all of our ventures were successful however my siblings complained when we made money and complained when we lost money. The deals that dad and I passed on because of their whining would have made all of them multi millionaires instead of millionaires.
For reasons that I do not fully understand my three siblings became increasingly resentful of both my personal and business relationship with my parents. My business partnership with my parents became an issue of ever increasing jealously, whining and complaining from my three siblings. Their constant complaint of “You are mom and dad’s favorite child”, and “They will do anything that you tell them to do” became the wall between us that I could not climb or tear down. However I will always love my three siblings regardless of what they do to me. They are my parent’s children as I am. They are my sister and brothers that used to chase me around the house when we were little brats. I prefer to remember them as they were then.
Sadly, my three siblings have chosen to dishonor our parents and they have also chosen to do to me and my children what I could not have even conceived of doing to them. They have been assisted and enabled by their spouses and grown children as well as my sister’s son in law. He is a practicing lawyer in Leavenworth Kansas that uses lawyer’s logic to justify the taking of my land. “Legal might over Moral Right.” & “If you get caught it’s illegal, and if you away with it, it’s legal”. My sister was able to get his name her daughter’s names placed on the deeds to the Real Estate that my father wanted my children and me to have after he passed on. They have conspired to cut my children and me out of our share of a $2,000,000 Estate that includes 1100 acres of rich Farm Land with producing Gas Wells in South East Kansas where I was raised.
The degree of their premeditated cruelty has been appalling. Upon my sister’s discovery that I had learned of her having the deeds changed to my property shortly before my father’s death, my sister rushed our father to a rest home. Out of fear that my father and I would get together and correct the deeds, she misused her medical power of attorney and the HIPPA laws and issued a no contact order to the rest home thereby preventing me and my children from seeing or talking with my father until he died. Then to avoid the possibility of me insisting on an autopsy she had him in the ground within 48 hours. What was the rush? What was she attempting to hide or cover up?
My two brothers assisted her in this travesty because their names were also on the Real Estate deeds to my land in an informal constructive trust that had been established by my father for my children and me. They were to give the land to my children and I after my father died. The temptation to deceive was stronger than their character and they chose to keep the land for themselves. They also split $2,000,000 in land, cash, cattle, life insurance, certificates of deposit some with my name on them and other estate assets that they received and after my father died, they took it all and refused to talk and/or discuss any of it with me. Their greed and pack mentality overtook them.
My sister was on Medicaid and she had used the issue of preventing Medicaid from taking the land to persuade my father into signing a new Transfer on Death Deed on April 11, 2005 to replace her name on the deed with her daughter and son in law lawyer’s name. She killed two birds with one stone with the new deed. She duped and dumped both me and Medicaid at the same time. She also duped our father who thought that he had everything taken care of including giving me that land that he wanted me to have. Ingenious, she must have had a lawyer in the family advising her for a piece of the action.
In America we can only get the justice that we can afford, and all too often that does not even work. It has been said that in America you can get the best lawyers and judges that money can buy. I have known some honest lawyers and judges, although rare and endangered. America, the country that everyone brags about offers little or no protection against parasitic lawyers that take our money and then represents themselves instead of their clients.
I have spent over $45,000 on four lawyers so far and have been forced to do 90% of the legal work myself after they took my money, dumped me like a cheap trick and walked away. My sister’s lawyer son in law and one of my brothers have called and/or wrote threatening letters to three of my lawyers telling them how their professional reputations would suffer if they continued to represent a criminal like me. My lawyers used this information to intimidate me and extort more money and threaten to quit if I did not pay them more money. They took the money and quit anyway.
It gets worse. Lawyer Brian Grace took my money before he even started. This lawless miscreant counterfeit human being must be a creation from hell from which he shall return. His sectary contacted me after seeing my plea for help on the internet. He insisted on $2,500 in cash before he would look at my documents. Feeling uncomfortable about mailing $2,500 to someone that I did not know I contacted Linda Parks, the president of the Kansas Bar Association and asked about Lawyer Grace. After receiving an Email from Linda Parks stating “He’s Excellent” I mailed Mr. Grace the $2,500. He would not return my phone calls or Emails for 60 days. Then I was able to reach Mr. Grace-less during lunch hour when his sectary was out to lunch. He told me that he had not read my documents and told me that he would do so and answer my all of questions and possibly represent me.
Then two hours later, after my sister’s son in law lawyer Gary A. Nelson called him, Mr. Grace-less sent me a fax telling me that he was not interested in my case. I sent him my fax letter requesting my $2,500 back as he had admittedly done nothing. He then mailed me a brief three paragraph letter telling me to get lost, and that he was not going to return my $2,500 because his sectary had used up all of my $2,500 arranging my documents so that he could review them, and that he would be sending me a bill for the extra time that she used in arranging my documents. Let me get this straight. He was keeping my $2,500, plus he wanted more money for his sectary to arrange my documents so the he could review them, even though he admittedly did not review them. How can this be?
See The Lawyers Link
My sister’s son in law lawyer is representing himself, his wife and my three siblings in the case. The lawyer in the probate case once represented my father and me and he is now representing my three siblings against my children and me in addition to acting as the executor of the estate. He is the same lawyer that advised my father and me to put the land in my sibling’s names for me. Now that my father has passed they have all come down with a bad case got amnesia at the same time as to what my father wanted. They have all dishonored my father and are now taking everything for themselves.
They got their land, CD’s, Life insurance, cattle and cash and now they have my land and refuse to deed it to my children and me as they promised my father that they would. The have now turned the constructive trust into constructive fraud. The reason that my father and I had my land in my sibling’s names was due to civil litigation that I had with another lawyer who was my employee in a legal referral business in Colorado. He had breached our non-compete agreement and started a competing business in 1990. It took me 13 years to get a large Federal Jury Verdict against him and put him out of business. The Colorado Supreme Court disbarred him for committing bankruptcy fraud against me. You can get the rest of the story on Google by entering his name –Kenneth Edward Kolbjornsen.
Lawless Lawyers use Lawyer’s Logic, (if you can get by with it its legal) Lawyers like Kenneth Edward Kolbjornsen, Gary A. Nelson, and Brian Grace, feast upon the trust, ignorance, innocence’s and misfortunes of others just like too many TV Preachers do. In my childhood days I was impressed by, respected and trusted Preachers and Lawyers who wore firm fitted suite coats, white shirts, and fancy neck ties.
My Life’s experiences with some of these fast eddies has taught me that many are nothing more shirts stuffed full of hot air and cold hearts. For the last 35 years I have been writing a book titled ”Preachers, Lawyers/Liars, and other profit$, and the People They Prey On.” I have been unable to finish it as so many of my new experiences with many lawyers and a few preachers keeps adding new material and furthering my educating at old screw U.
As I can no longer afford another lawyer that represents only himself, and in the best interest of peace, justice, and the public good, I am accepting financial donations to be used to protect the public and hopefully assist me in my battle to stay around a while longer so that I can contribute my intellectual energy to society. I need the support to establish an internet data bank to archive the names of professional rip off Rotten Bum lawyers like Wichita Lawyer Brian Grace. I will also be developing a web site for good and decent lawyers who desire to restore the integrity of the judicial system and further the ethical the practice of law in the best interest of justice.
July 24, 2008 – 218 innocent people have been exonerated and set free.
Imagine that strangers, family members, neighbors and friends knew that your loved one was innocent, yet all that they could say to you when you asked for their help was, “I don’t want to get involved, and I know nothing.” Picture yourself having to raise $100,000 in cash for a 10% bond fee, or there was no bond set and you or your loved one had to sit in r a couple of years waiting for the possibility justice at trial.
Picture yourself at the mercy of a foul smelling lawyer who refused to help you unless you could cough up five years of your salary in cash in advance within 24 hours, or picture a decent nice smelling lawyer telling you that he would like to help you but he is to busy because he is a good lawyer and in to much demand by the other people who can afford to pay him.
Picture yourself having to accept a Court appointed law student, or an inexperienced, incompetent or lazy or drunken Public Defender, or who was sleeping with the prosecuting attorney that detests people of you or you loved one’s gender or color. Imagine a Jury of dimwitted blood thirsty religious zealots who want to do their personal deities work by voting guilty. After all you would not be in Court if you were not guilty, right? Picture all of this horror because your alleged victim / witness thinks that you look like someone else, or she or he wants to get even with you for some sick and demented reason that no one will even know about except them, and they aren’t telling.
Picture yourself or your loved one being put to death, or going to jail forever simply because the someone that could free you simply does not want to get involved. Picture yourself discovering that in an exact case just like yours the DA refused to file charges stating that they could not prove or win the case because they could not prove the charges, and you later discover after their victim / witness dies they the accused was in fact guilty but belonged to the same good ol boy county club as the DA and put up money to get him elected. And finally picture yourself forever in your jail cell with your silent scream that no one can hear for the rest of your life.
“The only thing necessary for evil to triumph is for good people to do nothing.” modified
“The world is a dangerous place to live, not because of the people who are evil, but because of the people who don't do anything about it.” modified
“Injustice for one is injustice for all” - mlk
Thank God for Barry C. Scheck and Peter J. Neufeld founders of The Innocent Project in 1992.
(Google it) We need an organization like this for Civil Cases like www.FailvFail.com
You can do something about it……. See "Donate Button" on Home Page.
Contributions are needed to establish new web sites and pay for legal research, paralegal fees, honest, ethical, and competent lawyers who will zealously represent the best interest of their clients in our battle for justice, peace and forgiveness, for there can be no forgiveness without justice.
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Contact: Larry Allen Fail at 1-800-722-9529. 303 -730-2100. Fax 303 347-2100
Email Larry@requestusa.com - www.FailvFail.com - www.dial4lawyer.com.
All Roads Lead to www.MacPhale.com