Dolcefino Consulting

Radiating a health scare

Cancer is very scary.

But, should the State of Texas really be playing on our worst fears to justify the work of bureaucrats?

The Texas Department of Health Services is now trying to defend the controversial practice of surprise inspections of dentist office x-ray machines, even if it means interrupting you while you are getting your teeth pulled.

Sure, there are some reports that repeated use of dental x-rays can increase the chance of getting brain cancer, but we all know we get as much radiation during a plane flight. We want to know if all the millions we spend every year investigation radiation is justified.

At a recent hearing in Austin, Radiation Control Supervisor Joann Harthcock claimed state inspectors had found people that have had overexposure at some Texas Dentist’s Offices. When pressed, she admitted she couldn’t identify any.

We know why.

Dolcefino Consulting has looked at 5 years of inspection records and there isn’t a single case of a dentist zapping anyone with more radiation than is supposed to be used. Not one.

Dozens of dentists, chiropractors and doctors have complained the practice of inspectors just showing up without notice is simple unfair. If you were in the chair when it happened, I bet you’d be mad too.

“Since I got into the business in 1974, I have seen doses to patients cut in half three times. We’re approaching one-eighth of the exposure that we were using when I first got into the x-ray business,” said Bob Schaer, President of RSI, a company helping keep dental x-ray machines safe.

Schaer has become a “boogeyman” of sorts to the State Radiation Inspection Office. He’s facing thousands of dollars in fines for supposedly telling dentists to refuse the unannounced inspections, but the chorus of complaints is growing louder about the interruptions. The state has 58 letters already from dentists, vets, chiropractors and doctors who say there’s no safety danger at all justifying a surprise inspection.

Dentists are loudly complaining this isn’t about safety at all, but about the money the State can make on the paperwork violations they can catch when they show up without notice. In 2017, the Texas Department of Health and Human Services made nearly $600,000 in fines, but that still comes nowhere close to paying for the $9 million-dollar budget.

You got to love government. Once they start something it never seems to end. They always like to justify the money they spend on the need to keep us safe. Taxpayers know better.

Here’s our advice to inspectors. Make an appointment to see the dentist like the rest of us do!

Did you know Vanessa Selbst made almost $11 million dollars in her twelve-year poker playing career?

So much for poker being a guy thing.

Wouldn’t it be great to learn how to join Houston’s poker craze and make some money for those Christmas gifts for the kids?

Prime Social already has 7,700 members and has become the fastest growing private poker club in the nation. The private poker club is opening its doors this Wednesday, November 14th for free poker lessons for the ladies.

Free brunch and drinks, including grown up ones will be provided. You will get to eat free bacon and learn how to take home the bacon too.

Dealers from the club will teach you how to bet and play. Learn what winning hands are while sipping mimosas.

The free lady’s brunch and lessons begin at 11am Wednesday, November 14th, 2018.

We invite you to bring your friends or make some new ones at our event! Take a break from work and take advantage if the kids are in school that day.

Prime Social will be waiving the usual small membership fee for anyone who wants to stay and play some real poker after.

LADIES, FREE POKER LESSONS!

Date: 11 am, Wednesday, November 14th

Location: Prime Social Poker Club, 7801 Westheimer Road Houston, Texas 77063

Should police be able to hide body camera footage from the public? Apparently, the Friendswood Police Department thinks they can.

Dolcefino Consulting has now taken legal action against the Friendswood Police Department as part of an investigation into possible civil rights violations against a 78-year-old grandfather.

On July 31, 2018, four Friendswood police officers raided a home, handcuffed the elderly grandfather and seized two children caught up in a nasty Galveston County divorce case.

The father who directed the police action is Houston police officer Allan Comstock who lives in Friendswood. Just minutes after his call to dispatch, police stormed the house. Comstock was driving his Houston police car at the scene.

Was this preferential treatment? Did Friendswood Police even have a court order to get the kids?

“You have a Houston Police Department officer who, it looks like, was using the Friendswood Police Department for his own personal gain and instructing them what he wanted to do,” says Jeff Diamant, the attorney for Dolcefino Consulting.

In August, Dolcefino Consulting filed a request under the Texas Public Information Act to see the body camera video and dispatch audio from the incident. Friendswood Police said no, even though the video is not confidential under state law. The reason: no one was arrested that night.

“The Police Department does not get to engage in possible unlawful conduct, then use the Texas Public Information Act as a shield from providing certain pieces of information by saying we didn’t arrest anybody,” says Diamant.

“In order to properly investigate this incident for possible civil rights violations and other civil or criminal acts and to highlight this secrecy, Dolcefino Consulting is now asking the 55th State District Court to let us examine the evidence,” says Wayne Dolcefino, President of Dolcefino Consulting.

The Comstock divorce case has been playing out in Galveston Courts. The judge in the divorce case had ordered Mindy Comstock in contempt for not turning over the kids for their allotted time with dad, but there was no court order to send police to get them. Friendswood Police did it anyway.

During the raid at the Comstock home, the officers handcuffed a very confused Joseph Manley, a 78-year-old grandfather with a heart condition, vision and hearing problems and detained him while they went upstairs with flashlights at nearly 11:00 PM to get the sleeping teenagers out of bed.

Manley claims he was falsely detained and manhandled by the officers but was never charged with any crime.

The legal action by Dolcefino Consulting questions whether officers of the Friendswood Police Department aided and abetted Allan Comstock in unlawfully taking his kids away from his wife.

The real goal of the petition is to find all the evidence of what really happened that night.

“We have asked for the body camera footage from that night multiple times, and each time the Friendswood police have refused,” says Wayne Dolcefino. “If they wanted transparency, they would have simply turned it over. The body cameras are paid for by Friendswood taxpayers. Period.”

Dolcefino Consulting will update the legal action on dolcefino.com and Dolcefino Consulting’s page on Facebook.

Gerald "Jerry" Rome

Gerald “Jerry” Rome

A Colorado State District Judge has set a rare court hearing in the legal battle between Dolcefino Consulting and Colorado Securities Boss Gerald Rome.

What does the Colorado Attorney General do next? Threaten us.

Dolcefino Consulting filed a lawsuit against the Division of Securities in May claiming they violated the Colorado Open Records Act.

Colorado had refused to produce records detailing the truth about how little money was being collected for Colorado fraud victims. Instead, the Colorado Attorney General’s office demanded to know who asked us to get the records.

In a letter to Dolcefino Consulting, the Colorado Attorney General’s office says they will make us pay for over $6,000 in legal fees if we do not drop our lawsuit, claiming they have worked over 60 hours defending this case so far.

“The Assistant Attorney General calls us arbitrary, abusive, even vexatious, a fancy word that means annoying apparently,” says Wayne Dolcefino, President of Dolcefino Consulting. “We will see them in court, but Colorado taxpayers wouldn’t have had to spend a penny on this case if the Attorney General’s office read the law and didn’t try to find out why we were asking instead.”

A formal opinion by former Attorney General of Colorado Ken Salazar should have been pretty clear. “You are not obligated to explain the reason you want any record. You do not have to discuss who you are or what you will do with the record.”

The letter from the Colorado AG’s office does confirm a key portion of our investigation. Dolcefino Consulting has shown that press releases issued by Rome’s office about big financial judgments for victims of fraud in Colorado are exaggerated. The AG letter suggests Rome isn’t talking about real, actual money collected.

Our investigation has also shown Rome’s office has spent millions of dollars on cases where there was no “actual money” to even collect. We have also shown lawyers assigned by courts in some of these fraud cases are making a lot more money than fraud victims are.

The hearing in Judge Martin Egelhoff’s courtroom will take place at 9 A.M. on December 17th at the District courthouse in Denver, Colorado.

For updates on our battle for Colorado fraud victims, go to dolcefino.com or visit Dolcefino Consulting on Facebook.

Dolcefino Consulting is now asking State District Judge Kristen Hawkins to hold the city of Houston in contempt for its continued conspiracy to hide the public records of the Mayor’s smelly recycling deal.

The city is not only ignoring her court order from March, but also hasn’t released the records, even though the First Court of Appeals says the fight belongs in Houston.

The City of Houston continues to hide e-mails showing how the Mayor and his garbage boss buddy, Harry Hayes, decided to stop contract negotiations with ECO-HUB, a company offering to take all of the city’s trash and turn it into new products, eventually eliminating the need for expensive landfills.

Not only was the company offering to save the city tens of millions of dollars a year, but ECO-HUB had more than $800 million of their own money to build a plant.

The deal wouldn’t have cost taxpayers a penny!

Dolcefino Consulting is asking for fines and legal fees of more than $25,000. By seeking criminal and civil sanctions, Judge Hawkins could decide to put someone at City Hall in jail.

Isn’t that what they do with folks found in contempt?

“We eventually need to have a hearing under oath to find out who at City Hall is directing this illegal behavior. My guess – it’s Sly Turner. If we have to put him in jail to get the truth so be it,” says Wayne Dolcefino, President of Dolcefino Consulting.

EcoHub founder George Gitschel had even offered to share profits with City Hall to help for raises for Houston firefighters.

That would come in handy right about now.

Mayor Turner has ordered a hiring freeze on Houston firefighters after voters overwhelmingly approved a big pay increase for them at the ballot box.

“I’ve got an idea Mayor Turner,” says Dolcefino. “Stop whining that we don’t have enough money to pay our first responders while you waste more taxpayer money and precious legal resources fighting to hide the truth.”

Dolcefino Consulting wants the City fined $50 a day until they comply with the court order.

They’ve been ignoring the order for 228 days already.

The money would go to the District Clerk, but it should go to reimburse the ridiculous cost of having to have an election to give our first responders fair pay.

The new legal action was filed by Stewart Hoffer, a lawyer with the Houston based Hicks Thomas law firm. Hoffer has waged a year-long courtroom effort to help Dolcefino Consulting expose the truth.

Doesn’t it make you all warm and fuzzy during the holiday season to know that your Mayor is wasting tax payer’s money on a simple request for public information?

Motion to Show Cause (00225719-2)

Did you know Vanessa Selbst made almost $11 million dollars in her twelve-year poker playing career?

So much for poker being a guy thing.
Wouldn’t it be great to learn how to join Houston’s poker craze and make some money for those Christmas gifts for the kids?

Prime Social already has 7,700 members and has become the fastest growing private poker club in the nation. The private poker club is opening its doors next Wednesday, November 14th for free poker lessons for the ladies.

Free brunch and drinks, including grown up ones will be provided.  You will get to eat free bacon and learn how to take home the bacon too.

Dealers from the club will teach you how to bet and play.  Learn what winning hands are while sipping mimosas.

The free lady’s brunch and lessons begin at 11am Wednesday, November 14th, 2018.

We invite you to bring your friends or make some new ones at our event!  Take a break from work and take advantage if the kids are in school that day.
We’ll be waiving our usual small membership fee for anyone who wants to stay and play some real poker after.

LADIES, FREE POKER LESSONS!
Date: 11 am, Wednesday, November 14th
Location: Prime Social Poker Club, 7801 Westheimer Road Houston, Texas 77063

A Houston federal Judge has handed down a staggering punishment to a Houston Real Estate Developer.

The lesson for Houston’s real estate community. Don’t rip off ideas.

Houston Real Estate Developer Vinod Ramani and his company Urban Living were found liable for ripping off a competitor’s copyrighted material thousands of times.

Ramani and his company, Urban Living, were given a stunning court judgment of $28,790,000 today by Judge David Hittner.

Ramani and his company have to pay all of that huge punishment to Preston Wood and Associates, the Houston residential design firm he stole from. And they have to pay 2.67 percent interest too.

The jury in the case found that Ramani had violated the Digital Millennium Copyright Act, a complex law that keeps people from taking your ideas and making money with them.

Ramani and Urban Living broke this law more than 11,500 times, and the real estate community has been waiting to see how much money he would have to hand over.

The punishment for each violation ranged from $2,500 to $25,000.

Maybe Ramani got off easy.

Ramani could have been smacked with damages as high as $280 million. It will still be devastating for Ramani’s future.

Ramani tried to claim that he should only be fined in the thousands. The court didn’t agree to that slap on the wrist and held him fully accountable.

Urban Living had claimed they owned the rights to many architectural works used in projects around Houston. The court decided otherwise. The rights belonged to Preston Wood and Associates.

This court judgment is sure to rock the Houston real estate community. No word yet if Ramani plans to appeal.

RAMANI FINAL JUDGMENT

On Election Night, Harris County voters sent a clear message to the Judges of the Family Courts.

Remember the victims in divorce cases. Remember the children whose lives are turned upside down. They are more important than the lawyer’s invoices.

Democrats swept the judicial races, but the margins were especially noticeable for 308th District Judge James Lombardino. His failures to disclose conflicts of interests with some family lawyers was unforgivable.

Melanie Flowers was rejected as a Judge in the 257 th District Court. In the days before the election, her role in a contentious Houston divorce case came under fire.

A credit union called for an investigation of Flowers after they busted her using a high priced luxury car she was allowed to hold onto by Lombardino’s court only as collateral.

Victims of Family Injustice have turned to Dolcefino Consulting to launch investigations at the courthouse to level the playing field, expose conflicts of interest, question relationships that tilt the scale of justice.

In the final weeks, before they turn in their robes, some of these departing Judges can do a lot of damage, providing favors to the lawyers they may seek jobs from or cases to sustain them in their next chapter.

We will be watching. We will also be watching to see what lawyers funded the Judges coming on to the bench.

This is a time to finish the clean-up, to end the stain. Sadly, the conduct of the last few years may convince others they can find another weak judicial link. We stand ready to help our clients expose that too.

Tuesday’s election proved something else. We should not elect Judges on a partisan basis.

We lost some good honest, ethical Judges last night.

Judge David Farr comes to mind. A Family District Court Judge who had called out lawyer misconduct. He shouldn’t lose an election because he is an R or a D. It happens too often.

Tell your legislators we need to end the partisan election of Judges. We need to find the best legal and ethical minds to be the arbitrators of justice in our courts.

The victims of Family Injustice deserve it.

dolcefino.com/family/

Texas Attorney General Ken Paxton needs to recuse himself on the important public records fight heading to the 7th Court of Appeals Wednesday, November 7th in Amarillo.

Dolcefino Consulting has been battling with Texas Tech to get them to finally release public records detailing the firing of former Coach Mike Leach. Leach wants the $2.5 million dollars he is still owed. The controversy continues to cast a shadow over the University.

Texas Tech didn’t like it when a Lubbock Judge told them he could handle the fight. The University wants the Attorney General to decide whether Tech has to release public documents to Dolcefino Consulting that they’ve been hiding from you for nine years.

Here’s the problem. Paxton should be the referee in public hearing cases until he takes a side. Well, guess what? Paxton is siding with Texas Tech to keep secrets from the public. He shouldn’t now be asked to rule on any requests for public information from Tech.

You can’t have it both ways Mr. Paxton!

Tech is a public University. Their records should be public and completely transparent, but Tech has fought our requests tooth and nail, which makes you wonder what Tech is really hiding nine years later. What are they so afraid of?

Dolcefino Consulting will be at a hearing in front of the Texas Appeals Court in Amarillo on Wednesday. This case is a big deal, because it could have significant impact on transparency and what public entities must share with YOU.

Ken Paxton needs to recuse himself from this case. He needs to do the right thing for sake of the public right to know. He should be on your side in this fight, not part of the conspiracy to hide the whole truth.

Stay tuned.

We often ask our government to protect us from stuff. Take the Texas Radiation Control Board, they make sure we don’t get more radiation than we’re supposed to get when we go to the dentist.

But you now government, give them an inch and they take a mile.

Texas dentists have been sounding the alarm about the state x-ray inspectors. They used to make an appointment, but now they have started showing up unannounced. How would you like to be stuck in the dentist’s chair in the middle of a root canal when that happens?

When dentists complain they get fined. A Magnolia Doctor Eric Sanders told inspectors to come back when he wasn’t busy and got a $4,000 fine. Now the State is going after a supposed conspiracy to interfere with their work.

The Department of State Health Services claims a radiation equipment inspection company called RSI told dental clients not to admit inspectors into their clinics when the inspectors showed up unannounced. DSHS is trying to fine RSI with a $20,000 administrative fine!

Really?

On Wednesday, November 7 th , there will be a showdown in Austin, a formal hearing before a Texas Administrative law judge.

We expect a roomful of dentists will show up because they have had enough and are fighting back. They say they are fed up with inspectors showing up at their office anytime they feel like, regardless if the dentist has a waiting room full of patients or not. Why don’t these inspectors have rules and procedures they are supposed to be following when “scheduling” these inspections. Or do they and are just ignoring it?

And what’s all the fuss about dental x-ray machines?

Dolcefino Consulting can’t find a single case where any Texas dental patient has been exposed to more dental x-ray radiation than they are supposed to be.
“You get more radiation at the airport on a trip from Houston to New York,” says Dr. Eric Sanders.

“I thought this was Texas where we don’t like wasteful government regulation,” says Wayne Dolcefino, President of Dolcefino Consulting. “Is this about safety or is this about money.”

The Radiation Control Board budget was $9 million dollars this year. In the last year the State has collected over $600 thousand dollars in fines, virtually all of it for paperwork stuff.

We will be in Austin Wednesday to see what happens. If you must reschedule an appointment because your dentist got parlayed by unannounced inspections, can you send a bill to the State of Texas?

Didn’t think so.

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