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WEST POINT SCANDALS DISCLOSED - STORY NUMBER ONE
Posted on Wednesday, August 27 @ 03:09:38 CDT by van

News and Views A dear and trusted friend of mine, a previous resident of West Point, Nebraska, suggested members of the Nielsen family who live in Cuming County, Nebraska contact me around a year ago to assist them in dealing with certain family problems. Just a few weeks ago they contacted me for assistance and I agreed to act in a consulting capacity on business and personal matters confronting them and to work with their attorney in helping to resolve ongoing family disputes. Normally I would never reveal any of a client's business to anyone, however, they have all requested and encouraged me to tell their stories to the world. In order to do so, there will be more than one story told because the cast of characters in this drama is large and there are several legal squabbles going on simultaneously. Since a great part of what will be covered is already in the public domain by way of being contained in court files which are available for reading by anyone, I have no problem with making the information more easily accesible to the folks in West Point and all other who may have an interest

This is one of the most tragic situations I could imagine. A successful self-made West Point business man, over a series of years lost a loving wife and partner, abandon his three sons and was most recently accused by four of his grandchildren for taking money out of investment accounts over which he had control. The accounts were established at Waddell & Reed under the Uniform Gift to Minors Act. The law has since been changed and is now called by another name, but that's not important here because it doesn't apply.

Donald Edward Nielsen and his then wife Barbara established four accounts for the then four Nielsen grandchildren, Michael, Matthew, Margret and Elizabeth. For reasons which are a bit vague, Barbara divorced Donald and the action became final in November of 1989. (The records are available at the Cuming County Courthouse) Six months later Barbara died leaving the youngest of her three sons as executor of her estate. His name is also Donald, however, he has always gone by his middle name - Duane. To complicate the matter a bit, Michael's father, is also Michael but is known in the community as "Mike." Mike and Duane have an older brother whose name is Steve. Michael and Matthew are Mike's sons. Margret and Elizabeth are Steve's daughters.

Donald's four grandchildren (who we will call "grandkids") never knew their granddad had diverted money from their investment accounts into his own account at Waddell & Reed until they were informed of such by Rodney Zwygart, a Certified Public Account who had handled business accounting and tax matters for Donald and Barbara for a couple of decades, let them in on what had happened. Whether it was because Rod and Don had a falling-out or if Rod had conscience pangs, we don't at the time know, but that's another story for another day. When Don's two boys learned their children, the old man's grandchildren, had been ripped off they acquired legal counsel and had him initiate legal actions where each of the "grandkids" sued their grandfather to recover money he had diverted our of their accounts into his. Donald later replaced the shares of stock which was at the time at a far lesser value then when he diverted it from their accounts. The grand kids sued for the difference which they claimed amounted to around $80,000. Records of these cases can be found in the office of the Clerk of Cuming County District Court.

Court records reveal that Don was, as he has been in a number of legal scrapes, represented by Oakland, Nebraska attorney Clarence E. Mock (aka by many as "CEM"). One of the reasons why Don chose to "use" Mock for most of his legal dealings, we think it is because he, Mock, has some "special relationship" with District Court Judge Robert Ensz. Also, Donald, Mock and a chap known as "Easy" Harold Baldwin have owned businesses together.

Judge Ensz, I have been told, was nominated by then Governor Ben Nelson notwithstanding the fact, according to an informed statehouse source, Ensz had had little to no prior "court" experience meaning, I suppose, he had not been a county court judge or a prosecutor. While I have never met the judge in person, from one telephone conversation with him, I found him to be highly impressed with himself and probably not the sharpest knife in the drawer.

Since Judge Ensz had been involved in what, in my opinion, has been questionable if not unethical conduct in the handling of a legal dispute in his court in an action between Donald and his son Mike, and since Mike had filed a formal complaint with the Nebraska Judicial Qualifications Commission against the judge, the "grandkids" respectfully, by motion, asked the judge to recuse himself. They were afraid Judge Ensz would take out his malice toward Mike on them in the handling of their cases.

Prior to filing their motion for Recusal, the "grandkids" dumped their Omaha lawyer, William Jones, for failing to vigorously prosecute their cases. On this subject, the record will speak for itself. Jones had also been Mike's lawyer in a case against Donald. Jones and had failed to appear in Judge Ensz' court on two critical occasions and thus allowed Mike's case go to a final judgment in favor of Donald.

Keep up with me folks, this will get almost as bad as the Abbot and Costello comedy routine - "who's on first and who's on second."

The "grandkids" had noted one of the two defendants in each of their four cases, namely Waddell & Reed, had not been served with a summons by Jones and that Judge Ensz had allowed the cases to proceed against Donald (the grandfather) ignoring one of the party defendants in each case. We suggest a totally fair and competent judge would never have allowed this to happen.

On their own, pro se, the "grandkids" managed to get "good service" on Waddell & Reed, filed a Motion to Continue the case until they could hire another lawyer and also filed a Motion for Recusal asking Judge Ensz to step down. When the motions came on for hearing, the judge granted the continuance and overruled their motion for Recusal. Thus the tainted judge not only stayed on the case, but from the bench revealed he, the judge, and his wife had accounts at Waddell & Reed. The judge would have had to deal with the very two persons who permitted Donald to take shares of stock from the "grandkids" accounts at Waddell & Reed and move such into his own account there.

The "grandkids" hired South Sioux County attorney Richard J. Thramer as Jones' replacement. Thramer entered his appearance on their behalf and was obliged to argue against Mock's already filed Motion for Summary Judgment in a matter of days after being hired. Thamer did a superb job in defending the "grandkids" against Mock's motion and later, after having been given leave to do so, filed one of the best briefs I have ever read. Mock, in his brief had cited law which had not even yet been passed by the legislature at the time of the matters in contest took place and generally wrote a document which, in my opinion, a first year law student would have been ashamed to turn in for a grade.

As a "sidebar" comment, the "grandkids" and Donald's sons believed Judge Ensz was "on the take" mentioning that two deputy sheriffs and one or two members of the Nebraska State Patrol were on the senior Nielsen's payroll. They suggested Ensz might also be getting money or things of value from Donald. The screwy antics of the judge in the handling of an action by Donald against his son Mike and thereafter the comments of the judge regarding his own Waddell & Reed accounts gave rise to the kids filing, before Thramer's involvement, a Motion for Disqualification asking that a judge other than Ensz hear their motion. With that motion pending, it was totally ignored by Ensz, who chose to dump the "grandkids'"cases by granting Mock's summary judgment motions. Notice of appeal of the case to the Nebraska Court of Appeals should be filed this week by Thramer.

While leaving the courthouse, a high ranking law enforcement officer told one of the "grandkids" "its a shame you can't get a hold of the judge's checking and saving account records." That is something may be ferreted out when the "grandkids" file their own complaint against the judge with the Judicial Qualifications Commission.

Under the circumstances and taking into account the "words on the street" in the small Nebraska town, I join with those who believe Judge Robert Ensz is the best judge money can buy! If one need's to arrange for a "bagman" for a little "under the table inducement" I think I know a greasy haired lawyer who can handle the matter.

Those of us who love our grandchildren dearly can not fathom a granddad who would not only shut grandchildren out of his life, but also take away their educational funds. It is even more sad that the four Nielsen "grandkids" have not know their father's father as a loving granddad. Donald Edward Nielsen of West Point, Nebraska has missed and is missing something more precious than all his money can buy....the love of his children and grandchildren.....what a shame!

VansOpinion
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