Articles on this Page
- 05/15/17--22:30: _Lawyer tells judici...
- 05/15/17--23:00: _Army Ranger vet Mar...
- 05/16/17--22:00: _Law enforcement get...
- 05/16/17--22:30: _Suspended judge bac...
- 05/16/17--23:30: _Steve Miller: Isol...
- 05/17/17--06:45: _Shocking Update on ...
- 05/17/17--22:00: _Woman charged with ...
- 05/17/17--22:30: _Justices Probe Use ...
- 05/17/17--23:00: _Panel takes first s...
- 05/18/17--22:00: _AARP, Legislative A...
- 05/18/17--22:30: _Newark law firm par...
- 05/18/17--23:00: _Assembly hears test...
- 05/19/17--22:00: _The Italian village...
- 05/19/17--22:30: _Why Many People Aba...
- 05/19/17--23:00: _Big changes for gua...
- 05/20/17--23:00: _Supreme Court Throw...
- 05/20/17--22:00: _Disability Rights O...
- 05/20/17--22:30: _How some Ohio nursi...
- 05/21/17--22:00: _Caretaker charged w...
- 05/21/17--22:30: _Fulton man accused ...
- 05/15/17--23:00: Army Ranger vet Martin Patterson’s guadianship nightmare ends
- 05/16/17--22:30: Suspended judge back on job
- 05/16/17--23:30: Steve Miller: Isolate, Medicate, Steal the Estate
- 05/17/17--22:30: Justices Probe Use of Precedent in Judicial Discipline
- 05/17/17--23:00: Panel takes first step to undo secrecy
- 05/18/17--22:30: Newark law firm partners indicted in theft of $140,000
- 05/18/17--23:00: Assembly hears testimony on reforming Nevada guardianship system
- 05/19/17--23:00: Big changes for guardianship in Nevada
- 05/20/17--22:00: Disability Rights Ohio sues Gov. John Kasich, state officials
- 05/21/17--22:00: Caretaker charged with bilking Whitinsville man of $195K
- 05/21/17--22:30: Fulton man accused of forging checks, exploiting elderly
|San Diego Superior Court Judge Gary Kreep|
Mark Lizarraga, trial counsel for the California Commission on Judicial Performance, said in legal brief filed Monday that Kreep should also lose his seat because he has not acknowledged he violated judicial ethics rules on many of the 29 acts of misconduct that a three-judge panel said he committed.
The argument that Kreep should be removed from the bench — the most severe penalty that the commission can levy — marks the most serious blow against the one-time conservative legal activist who won an upset election to the bench in 2012 but whose early months as a judge were rocky.
James Murphy, Kreep’s lawyer in the discipline case, said removal was too harsh of a penalty because the judge is not corrupt or dishonest, his conduct has improved from his first year on the bench, and he is liked and respected by lawyers who appear before him.
Murphy said Kreep has acknowledged some of his conduct when he first became a judge was “inappropriate” and that a lesser penalty is warranted so Kreep could remain on the bench. He is up for re-election next year.
Removing a judge from the California bench is a rare event. Only 11 judges have been removed since 1995, according to commission statistics. The most recent was in 2016 when Valeriano Saucedo, a Tulare County judge, was removed after 14 years on the bench for having an improper relationship with a court clerk and then lying about it.
The charges against Kreep filed last year focus mostly on his conduct while on the bench, though some also cover campaign finance violations from his 2012 race.
He was accused of making a series of remarks from the bench that included comments about the physical attractiveness of women lawyers who appeared in his court, using nicknames like “Bun Head” and “Dimples” for lawyers, and speaking Spanish to Hispanics in his courtroom instead of English. All judicial proceedings are supposed to be conducted in English.
In all, Kreep faced 32 separate allegations of misconduct. Most happened during his 2012 campaign and the first year he was on the bench.
At the week-long hearing in February before a panel of judges, Kreep alternately took responsibility for some but not all of the comments, and said he did not mean to be offensive. Murphy also contended the judge was the target of a harassment campaign by senior leadership of the San Diego bench who were embarrassed that Kreep had won the seat.
Before becoming a judge, Kreep had a long legal career that included work on a number of conservative legal causes, including the discredited "birther" fight that erroneously questioned if former President Barack Obama was a U.S. citizen.
In a 90-page report issued in April, the judicial panel found Kreep committed misconduct on 29 of the 32 accusations against him. The most serious finding of “willful misconduct” centered on his comments after learning he would be sent to Traffic Court after the San Diego City Attorney’s Office said its lawyers would boycott taking cases to his misdemeanor courtroom.
That move, known as a “blanket challenge,” came in September 2013. Senior lawyers had complained about how Kreep treated some deputy city attorneys and how he handled some misdemeanor cases.
After learning of the challenge and his transfer, Kreep talked about it with some deputy public defenders and said one of them could be targeted too. Those comments about a challenge are inappropriate for a judge to make and violate judicial ethics, the judges said.
They also concluded that Kreep’s testimony at the hearing that he spoke with the defense lawyers as a courtesy to let them know he would not be hearing cases that day was “not credible.”
Lizarraga said that was just one instance where the judicial panel concluded that Kreep’s version of events “lacked candor or credibility.” For that reason, as well as the sheer number of misconduct findings, Kreep should be removed he said.
Neither Kreep, who works in the downtown San Diego Superior Court, nor his lawyer Murphy responded Tuesday to requests to comment on the latest filing.
The matter will now go before the 11-member Commission on Judicial Performance, which will decide what discipline — if any — Kreep will get. The commission can chose a range of options from issuing an advisory letter, private admonishment, public admonishment, censure or removal from the bench.
The commission also will hold a hearing of its own and can hear from both sides, then make a determination to adopt the findings and conclusions from the judicial panel that heard the case in February. A date for the commission’s hearing has not yet been set.
Full Article & Source:
Lawyer tells judicial discipline panel Judge Gary Kreep should be removed from bench for misconduct
CDN has tracked Patterson’s story since the summer of 2016, and has found a series of problems with his guardianship. Patterson was initially placed into temporary guardianship after a hearing in which he wasn’t allowed to speak; approximately $75,000 of his money has since been misspent; and Eaton, his parents and the court all subsequently ignored a VA examination which found Patterson to be of sound mind.
While in guardianship, Martin Patterson was also ordered to work regularly, without pay, on his parents’ farm.
Although it was the VA Fiduciary Hub in Indianapolis that handled Patterson’s case because Patterson is a veteran (serving an Army Ranger from 1998-2006); and although their own examination of Patterson found him of sound mine, the VA Fiduciary Hub the office ultimately refused to step in when its findings were ignored.
Lisa Goebel, public affairs officer for the VA Fiduciary Hub in Indianapolis, declined to comment. But previously, she had told this CDN reporter:
Emails sent by this reporter to Patterson’s parents, Roger and Gail, were left unreturned. An email to Laura Eaton’s attorney, Mary Alfieri Richmond was also left unreturned.
Shortly after CDN’s investigation of this case commenced, Eaton asked to be removed from the case, citing an unnamed conflict of interest.
Kristen Patterson, Martin Patterson’s wife, told this CDN reporter she recently learned Eaton has been removed from MECA, the non-profit she ran. MECA, which specializes in handling guardianship cases for veterans, had been handling Patterson’s guardianship until her removal.
Martin Patterson issued the following statement:
Full Article & Source:
Stunning reversal in former Army Ranger’s guardianship case
Army Ranger vet Martin Patterson’s guadianship nightmare ends
Guardian in Controversial Case Tells Court She Has Conflict of Interest
Mysterious Signature Adds Confusion tin Patterson Guardianship Case
Former Army Ranger Claims Forced Guardianship
Tonight on T.S. Radio: Martin Patterson - Military Veterans Are Caught in This Trap
NASGA: Veterans in Peril
People like Tillman are preying on our elderly population all over. An Aalabama law lets law enforcement take a report from anyone who calls concerned any person 60 years or older is being taken advatange of financially. Investigators must look out for one thing: a relationship between an accused thief and money's owner.
Jefferson County Sheriff's Office Detective, Patricia Alexander, spends a lot of time tracking people who write bad checks, steal credit cards or use funny money. She's starting to spend more time going through case folders on people who exploitthe elderly financially.
"It's a whole generation of people who have been raised differently, lived in a time you opened your doors to people or when you answered your phone to cold calls," Det. Alexander.
Linda Ramsey knows it's not a new crime, but might be surpised it's one criminals are choosing more often.
"If they lived to be old, would they want those people to do them that way," asked Ramsey.
Detective Alexander believes most examples are not being reported.
"Most victims don't necessarily know they are being exploited and the suspect is a family member," added Det. Alexander.
A law, on the books since 2014, allows the prosecution of anyone who takes money from the elderly.
"We are talking about a long and drawn out process where this caregiver, family member or organization entrenches themselves into the elderly person's life," added Det. Alexander.
Regina Bradberry doesn't want a long and drawn out process arresting the theives.
"I just think law enforcement should just go ahead, step in there and put them under the jail. It's just not right," said Bradberry.
The 2014 law also helps protect the people who report someone accused of financially exploiting people 60 years and older. The person accused can not hold liable the person who reported them even if an investigation reveals no wrong-doing.
Full Article & Source:
Law enforcement getting more and more reports of financial exploitation of the elderly
Circuit Judge William Pearson was admonished by the Judicial Discipline and Disability Commission last month, after he pleaded guilty April 17 to misdemeanor driving while intoxicated and reckless driving charges.
Because the case was resolved, the commission petitioned the high court to reinstate Pearson.
The commission said in its admonishment letter to Pearson that the 5th Judicial Circuit judge was working to avoid repeating his behavior and had agreed to refrain from hearing DWI cases through the end of the year.
Pearson also submitted a statement to the commission, apologizing and expressing "shame and regret" for the incident.
The Arkansas Democrat-Gazette previously reported that Pearson drove through a sobriety checkpoint on Jan. 20, and police chased him into a parking lot.
The judge received a six-month suspended sentence, and was ordered to pay fines, fees and court costs.
The justices did not issue a written opinion Thursday explaining their order.
However, Justice Rhonda Wood said she would have prohibited Pearson from hearing criminal cases while serving his suspended sentence. Justice Shawn Womack said he would not have reinstated Pearson.
Full Article & Source:
Suspended judge back on job
Three Secrets Behind The Ongoing Stories Of Guardianship Fraud In Nevada And The Political Corruption That Enables The Scams To Continue Unabated
When INSIDE VEGAS stories get stuck in Nevada's judicial or political mud and progress seems at a stand still, I sometimes reveal a few behind the scenes secrets to try to jump start long needed action. This is one of those times.
In the ad nauseam story of local private guardian Jared E. Shafer, and the Clark County Family Court judges who enable him, many readers keep asking the same questions; "Why haven't these guys been prosecuted by the Clark County DA, Nevada AG, or US DOJ for (allegedly) exploiting wealthy court appointed elderly and disabled wards? And where's the Nevada Judicial Discipline Commission when we need them to go after the judges?" The following information may help answer these questions, but don't expect to be satisfied.
SECRET #1, Shafer's private files:
In October 2013, sixty pounds of original documents reportedly disappeared from the office of Professional Fiduciary Services of Nevada, Inc. (PFSN) on Pecos Road in Henderson. Without my prior knowledge, the documents packed in large cardboard banker's boxes mysteriously appeared on the public sidewalk in front of my house. When I first saw the unsealed boxes sitting there, I looked inside. They contained what I as an investigative commentator considered to be a treasure trove of potentially incriminating evidence about Jared Shafer whom I had been writing about since 1999. Included was an extensive file about what appeared to be an exploitative guardianship of multi-millionaire heiress Leann Peccole Goorjian. I never met Ms. Goorjian though I knew her late father Bill, and several of her closest friends, so I was very intrigued.
The documents and their source (whom I later confirmed) are protected under NRS 49.275, the Nevada Reporter's Shield Law.
I have waited until now to reveal the document's existence based on whether my having shared portions of them with the Las Vegas Metropolitan Police Abuse and Neglect Detail, Clark County District Attorney Steve Wolfson, Nevada Attorney General Adam Laxalt, and federal law enforcement authorities would hopefully inspire comprehensive investigations into what I believe is wide spread criminal guardianship fraud perpetrated against wealthy Southern Nevada retirees and disabled people. So far, the criminal investigations that have occurred were only local and yielded prosecutions of lower level operatives (low hanging fruit), while those who many believe are the masterminds - including several judges - have been allowed to remain unscathed.
Grave Robbery Under Color Of Law."
SECRET #2, It's all legal if a judge approves:
Several months after my column appeared on AmericanMafia.com, I received an unsolicited email from CBS Sixty Minutes Senior Producer Bob Anderson.
The day following our brief phone conversation, Anderson flew to Las Vegas where we met for lunch. He asked me to promise not to talk about our meeting until after an initial Sixty Minutes segment on guardianship fraud had aired.
At the Macaroni Grill on West Sahara, Anderson grilled me about the Peccole case and specifically about her guardian Jared Shafer. Off the record I revealed that I had copies of confidential files from Shafer's office regarding the Peccole case and a number of others, and agreed to share copies of any pertinent documents with him and associate producer Aaron Weisz. Several weeks later, a CBS crew arrived in Las Vegas from New York. Their arrival did not escape local notice. I received a call from George Knapp, a reporter at the CBS affiliate in Las Vegas asking if I knew why Sixty Minutes was snooping around town asking about Jared Shafer. I said I had no comment.
Anderson and I secretly met several more times during the spring and summer of 2014 where he told me of his progress. He said he had obtained an in-prison interview with Patience Bristol, Shafer's assistant who had been convicted of elder exploitation, and was planning a possible "ambush" interview with Shafer at his Pecos Rd. office, a tactic Sixty Minutes is famous for. I was very excited to be a part of exposing what I considered immoral and illegal behavior, and eagerly awaited the planned October 2014 airing of Anderson's first-in-a-series Sixty Minutes story.
In September 2014, I received a call from Anderson. He sounded very despondent. I was told that the CBS News attorneys in New York thoroughly vetted his story and advised that no Nevada laws had been broken in any of the examples he planned to cite on Sixty Minutes. That in each case Anderson investigated, a Clark County Family Court Judge had signed off on Shafer's actions. ...
SECRET #3, "Shafer Laws," and those who passed or enforce them:
At this point you must be asking how this can take place in a civilized society?
Isolate, Medicate, Steal the Estate
"I've been doing this business off and on as a hobby for the last 20 years," Smith said. "This is the most bizarre thing I've ever found in a unit. I've found lots of crazy things over the years, but nothing like this."
The find: 27 urns, all filled with human ashes.
"I discovered an urn, I thought 'Oh my God, this is somebody's loved one,'" Smith said after going through the small unit at Life Storage near Wagon Wheel and Interstate 515. "Then I found a tub full of remains, and then a second tub full of remains. I was just shocked to see almost 30 sets of remains."
Some of those remains were a few years old, others from the early 2000s. Many of them contained the corresponding paperwork.
"Somebody had the gall to store a family member in a storage unit like that," Smith said.
That somebody, according to Valley funeral home directors, was April Parks, who rented the storage unit before it went up for auction. For decades, she worked as a court-appointed guardian, making legal and financial decisions for senior citizens. But as of May 16, she was behind bars at the Clark County Detention Center, facing hundreds of charges of theft, perjury, and exploitation of her elderly clients.
The charges came after a years-long investigation by the Nevada Attorney General's Office, Metro Police and the Clark County District Attorney's office.
Court documents explained the 270 charges against her and her company. The indictment mentions dozens of victims, including names that were on urns found inside the storage unit.
"Horrendous things, just horrendous things were done to her wards," Elizabeth Indig said. Indig's mother was one of Parks' wards.
Full Article and Source:
Man Finds 27 Urns Filled With Human Ashes in Henderson Storage Unit
Mariah Funderburk, 23, of Kinston, remains in the Geneva County Jail with bail set at $70,000.
According to authorities, the man had been the subject of numerous welfare checks and most recently was found in extremely poor living conditions.
“Before the victim’s wife passed away, she was his caregiver,” said Geneva County Sheriff Tony Helms. “Following her death, the niece took over as his caregiver due to the fact that his health had declined. We had received calls in the past and I would have deputies go and perform a welfare check on the victim, and the victim stated he was fine and everything was okay. Calls continued and I would continue to send deputies as well as representatives from the department of human resources.
"Over time his power had been turned off, bills were never paid and more complaints from the community were brought to my attention. He was not fine. The victim actually receives a pretty good amount of money and it would all be gone in 10 days or so," Helms added.
Helms said the man was most recently found suffering from bed sores and lying in his own waste with medical equipment attached that had been unattended.
“This man was found in deplorable conditions," Helms said.
Helms is currently reaching out to family members to locate a caregiver for the man.
“The ones I have contacted are not able to physically care for him. If we can’t find a family member, the victim will be placed in a nursing home. The good news, at this point, is the victim is recovering and getting the care he needs in the hospital.”
Full Article & Source:
Woman charged with abuse, neglect after elderly man found in 'deplorable' conditions
prior precedent may play in the Court of Judicial Discipline's deliberative process.
On Tuesday the justices heard argument in the disciplinary cases against former Philadelphia Court of Common Pleas Judge Angeles Roca and former Municipal Court Judge Dawn Segal, who were removed from the bench last year.
The justices, who had specifically granted the appeals on the issue of what role stare decisis should play for the CJD, asked about what the process should be for determining sanctions, whether the disciplinary body should have to outline its reasoning and what role the Supreme Court can play in hearing appeals. Any arguments that Roca and Segal were not afforded due process or that their sentences went beyond the bounds of fairness were quickly rejected by the court.
When attorney Samuel Stretton, who represented Roca and argued first before the Supreme Court, said he did not think removal was warranted for Roca since she had only sought a rule returnable in a case involving her son, Chief Justice Thomas G. Saylor put an end to that argument, saying Roca's son received a ruling that nobody else would have. Stretton is a regular contributor to Pennsylvania Law Weekly, an affiliate of The Legal.
"Her son received something a similarly situated citizen would not have," Saylor said.
During attorney Stuart Haimowitz's time arguing, Haimowitz, who is representing Segal, said his client had not been given adequate due process since the sanction varied so vastly from the conduct at issue.
However, Saylor again put an end to that argument, saying "of course she did," and that Haimowitz was making "a serious allegation."
Saylor dismissed Haimowitz from the lectern after the exchange following only a few minutes of argument, saying, in part, that Haimowitz's arguments were repeating some of the issues Stretton had previously raised.
When it came to the question regarding stare decisis, Stretton contended that the court needed to consider precedent when making its decisions on sanctions. According to Stretton, the court did not do any proportionality analysis when considering Roca's sanctions, but simply decided that corruption requires removal.
"I'm suggesting that the court had no studied review of the case law of the past 24 to 25 years of that court and the Supreme Court treating that kind of case different from removal," Stretton said. "What happened here was a sea change."
Justice Debra Todd said Stretton was asking for a "robotic" approach where the court would simply have to follow a check list, but Stretton replied that he did not believe the court needed to be so strictly bound by stare decisis, but simply that it needed to review and distinguish the case law when making a ruling.
Robert Graci, chief counsel for the Judicial Conduct Board, argued in reply that the CJD did what it needed to do in terms of reviewing the precedent, and that a finding by the justices that the court was bound by stare decisis would not change the decision to remove Roca and Segal.
Graci said he was not surprised by the decision to remove Segal and Roca given the Supreme Court's 2014 decision in In re Magisterial District Judge Bruno, which, he said, found that corruption had no place on the bench.
"I think that the times have changed," Graci said. (Click to Continue)
Full Article & Source:
Justices Probe Use of Precedent in Judicial Discipline
The rules guiding adult guardianship cases provide for too much secrecy and not enough notice of court hearings to families of the incapacitated adults, members of the New Mexico Adult Guardianship Study Commission heard last week.
|Marjory and Leroy Martinez|
While the first two meetings have focused on bringing all 16 commission members up to speed on the often complicated guardianship process, Commission Chairwoman Wendy York, a retired state district judge, said the panel is starting to home in on recommendations to improve the system.
“We are hearing common themes, so it gives us the beginning of a road map,” York said after the all-day meeting. “We are hearing about notice of court hearings, involvement of family members, and what is the appropriate line to draw between complete access to information and privacy.”
The themes are arising out of public comment from families affected by the guardianship system, which is the legal process that oversees the lives and finances of incapacitated adults when family members can’t do it – often because they cannot agree on a course of action. The court appoints third-party nonrelatives and corporate professionals to determine how the incapacitated adult, often times elderly, will live and how his or her money will be spent.
But the process is secret, which is a protection for the vulnerable adult’s information but also, critics say, a protection for unscrupulous people looking to get rich off a family’s estate.
One lawyer offering public comment Friday said the secrecy of the process raises “due process concerns.”
Brian Vogler told the commission that his client needed to get some information from his guardian, but the guardian declined to provide that information.
“(It) seems there needs to be a window in to see how the court is proceeding,” Vogler told the commission. “It’s hard to balance everyone’s needs.”
After the meeting, he said his inability to see how judges behave or have behaved prevented him from accessing the nuances of the situation. He said he wanted to speak to the commission to provide a perspective that the secrecy “doesn’t just impact families.”
The commission on Friday took a step toward making certain guardianship case dockets are available on the state court system’s public website, where they are scheduled to appear later this month under an ongoing court effort to streamline case files.
Commissioners voted to have York send a letter to the court asking that the records access changes be made a priority if the implementation doesn’t happen as planned on May 23.
Until now, despite assurances from court officials that the documents were public, they have not been available on the website, nmcourts.com.
York said Friday that was mostly a clerical issue. She said members of the public said some court clerks were unaware that certain information in guardianship cases was public under states law.
But other changes to address the secrecy shrouding the process aren’t clear.
“Talking about the problems in the system is easier, but suggestions are more difficult,” York told the crowd, a group of about 30 people, most of whom had experiences with guardianship in their family.
The commission is studying whether reforms are needed in the laws, rules or court practices that up to now have mostly been playing out in closed-door District Court guardianship/conservatorship hearings, which by law are sequestered to protect the privacy of the incapacitated person. An interim report of possible recommendations is due to the Supreme Court by Oct. 1.
Leroy and Marjory Martinez told the panel that when her mother was put under court-ordered guardianship about seven years ago, she was shuffled between numerous nursing homes without informing family members.
“When she went to the emergency room, we weren’t told she was there for six hours,” the Martinezes told the panel.
And when they tried to question how the woman’s finances were being handled, “we were told, ‘don’t worry about it. She has enough money,’ ” Leroy Martinez said.
“But why did she need three wheelchairs, and an extra big bed one day which they had to get rid of the next, for a smaller bed? Why did she need the suite that cost so much more?”
Full Article & Source:
Panel takes first step to undo secrecy
|AARP NY State Director Beth Finkel|
Legislative Aging Committee Chairs Senator Sue Serino and Assemblywoman Donna Lupardo and Senator David Valesky – a former Aging Chair – joined AARP, the Alzheimer’s Association and 100 AARP volunteers from across New York at the Legislative Office Building to announce their commitment to work together on a comprehensive bill that can be enacted this year. New York StateWide Senior Action Council, LiveOn NY and Lifespan of Greater Rochester also indicated their commitment to the effort.
Elder financial exploitation is a growing problem; the number of reported cases of financial exploitation increased by more than 35% between 2010 and 2014, according to a study last year by the New York State Office of Children and Family Services (OCFS). Over one third of victims showed signs of dementia. The New York StateWide Senior Action Council, LiveOn NY and Lifespan of Greater Rochester also indicated their commitment to the effort.
Financial exploitation of older adults is the most common form of elder abuse, and the OCFS’s Bureau of Adult Services estimates that elder financial exploitation in New York costs $1.5 billion a year.
With 100 AARP members from across New York at the Capitol today to lobby lawmakers on elder financial exploitation and other issues, AARP, the Alzheimer’s Association’s New York State Coalition and the Statewide Senior Action Council announced their support, at minimum, for increased efforts to train professionals to improve detection of dementia and to help financial institutions stop fraudulent transactions and report them to authorities.
“As our population ages, elder financial exploitation is on the rise. It’s time to stop this shameful crime and protect older New Yorkers and the assets they’ve worked a lifetime to secure,” said AARP New York State Director Beth Finkel. “We’re pleased that Senators Serino and Valesky and Assemblywoman Lupardo are joining with AARP, the Alzheimer’s Association and Statewide Senior Action Council today to pledge to work toward a bi-partisan agreement this legislative session. We need a multi-disciplinary approach with everyone at the table: law enforcement, consumer groups, patient advocates and the financial industry. Older New Yorkers’ livelihoods are at stake. There’s no time to waste.”
“Taking advantage of a vulnerable older New Yorker–a New Yorker who has spent a lifetime building their savings–is a particularly abhorrent crime,” said Senate Aging Committee Chair Sue Serino.
“Combatting elder abuse and financial exploitation has been my priority since being named Aging Chair and I will continue to work tirelessly to ensure that our seniors have the resources they need to remain free from harm and safe from abuse. Once again, I urge my colleagues in the Legislature to step up for seniors and do right by them by passing legislation that will play a direct role in ensuring their health and safety.”
“We are seeing increasing incidences of elder abuse, and we must do all we can to stop this disturbing trend,” said Senator David Valesky. “The legislation that I sponsor would establish new protections for our elderly citizens and give law enforcement officials an additional tool to pursue and prosecute those who would take advantage of and harm adults who are unable to protect themselves.”
“Elder abuse can take many forms, but the financial exploitation of seniors is rapidly becoming one of the most prevalent forms,” said Assembly Aging Committee Chair Donna Lupardo. “Last year, New York State Office of Children and Family Services report on Financial Exploitation reported a 35% percent increase in cases of senior financial exploitation from 2010 to 2014, and there are an even greater number of cases which go unreported. While proposals have been around for many years, it’s time the Assembly and Senate come together and find common ground on the issue. I’m committed to working with my colleagues to pass legislation before end of session.”
“The Alzheimer’s Association, New York State Coalition is pleased that AARP, and so many of our partner organizations, are working together with the legislature to strengthen protections from financial exploitation for our seniors in New York with Alzheimer’s or other cognitive impairment,” said Jane B. Ginsburg, Executive Director, Alzheimer’s Association, New York State Coalition.
“There are 390,000 New Yorkers with Alzheimer’s. We must do everything we can to safeguard them from being taking advantage of. Establishing training guidelines with stakeholders for bank employees is the first step in this important process.”
“We need an innovative approach by creating an interdisciplinary program that will work to stop senior fraud through prevention, education, and services,” said Maria Alvarez, Executive Director of New York StateWide Senior Action Council. “In this age of automation and constant changes in the way that government and merchants conduct business, scams and frauds have taken on a larger life.
Whether it is the tax scam, identity theft, medical ID thefts, deed thefts as well as outright robbery, at StateWide, we find that when we partner with as many government and community agencies as possible, we are more successful in getting optimal results. Reports on the cost of financial elder abuse to New York seniors come to a whopping $1.5 billion each year. As the number of retirees grow in this state at exponential rates, it is important to address their needs and adapt the infrastructure that is serving what will soon be fully 25% of our New York’s population.”
“LiveOn NY has long advocated for meaningful legislation to address the issue of financial exploitation,” said Allison Nickerson, Executive Director of LiveOn NY. “Given the enormity of this problem, at a cost of at least $1.5 billion annually to New York state and individual older New Yorkers, and its devastating impact on older adults, we applaud the Assembly, Senate and Governor for focusing on this issue. We are proud to work together with a strong coalition of aging advocates to ask the legislature for changes that would provide a seamless reporting and disclosure process between banks, APS and law enforcement, which will stop the bleeding of older New Yorkers’ financial resources.”
“Lifespan is thrilled to partner with a group of statewide agencies to bring attention to the serious issue of elder financial exploitation,” said Ann Marie Cook, President/CEO of Lifespan of Greater Rochester. “We know that financial exploitation is the most prevalent form of elder abuse and costs victims and the state billions of dollars. We are working together to ask the legislature for changes so that banks can hold a suspicious transaction for further investigation, report suspected abuse to the right authorities and provide immunity to banks for reporting. Our ultimate goal is to help older adults in New York State live fulfilling lives free of abuse and exploitation.”
The advocacy groups have voiced support for various bills aimed at fighting senior financial exploitation, including S1093/ A6099 (Valesky, Serino/Lupardo) and A6395 (Lupardo). Today, the legislative sponsors joined the advocacy groups to announce their support for negotiating a comprehensive bill before the legislative session ends next month.
Governor Andrew Cuomo included anti-elder financial exploitation provisions in his state budget proposal this year but none made it into the final budget enacted last month.
Full Article & Source:
AARP, Legislative Aging Leaders, Advocates Commit to Pursue Anti-Elder Financial Abuse Legislation
Richard M. Roberts, 79, of Bloomfield, and Gerald M. Saluti Jr., 49, of Howell, on Wednesday were charged with second-degree conspiracy, second-degree theft by failure to make required disposition of property received; third-degree hindering apprehension or prosecution, and third-degree perjury.
Roberts, as a prosecutor in the 1970s, obtained an indictment against Harlem drug kingpin Frank Lucas, according to the Associated Press. Roberts was portrayed by Russell Crowe in the 2007 film about the case, “American Gangster."
From October 2012 to August 2013, Roberts and Saluti allegedly conspired to steal more than $140,000 from four clients whose funds had been placed in the firm’s attorney trust account.
|Gerald Saluti Jr|
The funds allegedly included settlement awards owed to the clients and monies the lawyers were obligated to hold in escrow or use to make payments on behalf of the clients.
In addition to allegedly misappropriating funds to pay the firm’s expenses, Roberts and Saluti allegedly used funds to pay their personal expenses, including car payments, credit card bills and entertainment expenses. Roberts used $20,000 in stolen funds to make alimony payments, authorities alleged.
The hindering and perjury charges relate to allegations that Roberts and Saluti falsely told law enforcement and testified under oath that the practice administrator for their firm, Gabriel Iannacone, was solely responsible for the misappropriation of certain client funds from the attorney trust account.
It was alleged that, in fact, Roberts and Saluti conspired with Iannacone in those improper withdrawals and payments.
Ianncone pleaded guilty on Jan. 23 to third-degree conspiracy to commit theft by failure to make required disposition of property received. His sentencing is pending.
The Division of Criminal Justice’s investigation was ongoing, and additional charges may be filed against Roberts and Saluti, according to the Attorney General’s Office. Both attorneys are suspended from the practice of law in New Jersey. Roberts was suspended in November 2015, and Saluti in February 2014.
In August 2013, the men dissolved Roberts & Saluti LLC, which did business as the Saluti Law Group.
Mercer County Superior Court Judge Timothy P. Lydon presided over the indictment and assigned the case to Morris County, where Roberts and Saluti will be ordered to appear in court at a later date for arraignment.
Second-degree crimes carry a sentence of five to 10 years in state prison and a fine of up to $150,000, while third-degree crimes carry a sentence of three to five years in state prison and a fine of up to $15,000.
In April, Roberts pleaded guilty in Newark federal court to an information charging him with one count of failing to pay payroll taxes and one count of failing to pay personal income taxes. Sentencing in that case is scheduled for Aug. 1.
Full Article & Source:
Newark law firm partners indicted in theft of $140,000
Senate Bill 360 puts tougher penalties in place for guardians who abuse and neglect elderly and vulnerable wards in their care. The bill allows prison sentences of up to 20 years for such cases. The current maximum is six years in prison.
Senate Bill 433 puts a mechanism in place to ensure a protected person can communicate with family and friends. Supreme Court Justice James Hardesty told lawmakers that the state’s guardianship commission had found protected people were often restricted in that regard.
“It starts with the presumption that guardians will not restrict someone from communication,” he said.
Barbara Buckley, executive director of the Legal Aid Center of Southern Nevada, told lawmakers that checks and balances are needed. She shared a story about a woman under the care of a guardian who was put into a group home, isolated from family, as her belongings were sold.
“The guardian acted like God, destroying this person’s life,” she said.
The Assembly panel also heard testimony that included support from Catherine Falk, the daughter of actor Peter Falk.
She told the committee of a lengthy legal battle to see her father, who was suffering from dementia, after her stepmother wouldn’t allow visits. Falk died in 2011 and was buried without his two daughters being notified; they found out through media reports. She now advocates for guardianship laws through the Catherine Falk Organization.
“We feel if a guardian is restricting visits unfairly or without real reason other than personal animosity towards the family or simply for convenience, the court should know about it by requiring real proof that isolation is necessary,” Falk said.
The committee did not act Monday on the bills, which have both passed the Senate unanimously.
Contact Ben Botkin at firstname.lastname@example.org or 775-461-0661. Follow @BenBotkin1 on Twitter.
Protections for wards
Rights for those under guardians in the “Wards’ Bill of Rights” of Senate Bill 360:
■ Notice of all guardianship proceedings.
■ A copy of documents in guardianship proceedings.
■ A family member, interested party or medical provider can speak on behalf of a ward.
■ Participate in developing a plan for your care and managing assets and personal property.
■ Remain as independent as possible.
■ Be treated fairly by guardian.
Full Article & Source:
Assembly hears testimony on reforming Nevada guardianship system
The small Italian village of Acciaroli has the highest number of centenarians in the world but what is their secret to long-life and happiness? ITV Health Editor Rachel Younger finds out as she reports for On Assignment.
Growing old in 21st century Britain is no picnic. Social care is on its knees, the waiting time for hip replacements is rising by the day and loneliness amongst the elderly is in danger of becoming an epidemic.
Among my parents' generation of sprightly septuagenarians no one seems to fancy hanging around long enough to get that once prized telegram from the Queen. "Shoot me at 85!" they shout, when I tell them I'm off to Italy to meet a bunch of centenarians.
The small village of Acciaroli, close to Naples, has a higher percentage of people hitting 100 than anywhere else in the world. My mission is to find out why.
Blame the red wine and long lunches if you like, but scientifically speaking, I can't say I came home much the wiser. Yes, there is some evidence pointing to genetics, diet, even the local strain of rosemary but frankly the samples aren't big enough, the research not yet fully tested.
What we did discover was a corner of Italy where people have all the time in the world.
No one rushed us through our interviews, everyone offered us a drink, most wanted to invite us back to the family home or local restaurant for a three-course meal. Bowls of pasta that in one cafe were made from scratch by 95-year-old Maria because she likes to keep her hand in. Because she reckons keeping busy - but not too busy - keeps her young.
I did hear the term "office hours" once, but only because that's how 94-year-old Beppe likes to describe the daily appointment he keeps with his friends to play cards at the local cafe.
It's not that the former fisherman doesn't care about his health. Beppe gave up smoking in his eighties to try to outlive his brother. But he's got better things to do than sit around dwelling on it.
Seriously, this sun-drenched peninsula is no utopia. Mafia style shootings aren’t unknown and there isn't much state sponsored care of the elderly.
Instead families and neighbours look out for each other, everyone's in and out of each other's houses, people never move from here and no one seems to be alone for more than a few minutes. It's life affirming and frankly envy-inducing to witness.
We meet a couple of farmers not far off a century themselves who like to share a drink before dinner. "To life!" they bellow, toasting each other with toothless grins, hamming it up for our cameras. "It's a wonderful life, if you know how to live it!"
I'd like to grow old here, enjoying the sunshine, the food and wine, and the company of my friends.
And if I had to guess, I'd say that might just be the secret behind their longevity.
Full Article & Source:
The Italian village with more centenarians than anywhere else in the world
Several years ago, a close family member was diagnosed with breast cancer. The diagnosis was shocking, but the response was heartening. The oncologist analyzed the tissue sample down to its very receptors and provided a crystal-clear roadmap for treatment. An experienced and compassionate lay “navigator” was assigned to help guide my loved one through treatment. Friends and family rallied, making regular visits, cooking meals, holding hands, wiping tears, and, with time, becoming fierce advocates for disease awareness and research.
This response to breast cancer is part of an entire movement of support that has been embraced on all levels of society and has even engaged NFL players to bling themselves out in pink for one weekend of football every fall. It’s a model of how we should respond to any disease: wide-eyed with interest and support and dedicated to caring and curing.
Symptoms are insidious and easy to miss or ignore in early stages, and the diagnosis is never as certain as with many cancers since we do not routinely collect a sample of brain tissue to analyze. There is a dire shortage of specialists trained to manage dementia and even fewer in the pipeline. There are almost never volunteer “navigators” to support people through the many years of this disease. Precious few people, sports figures and celebrities have become advocates for promoting Alzheimer’s awareness and research.
All these deficits exist despite the fact that most people have a loved one or close friend with Alzheimer’s disease.
This disease affects and estimated 5.5 million Americans and its numbers are growing rapidly according to the 2017 Alzheimer’s Facts and Figures put out by the Alzheimer’s Association. It is the fifth leading cause of death after the age of 65, and reported deaths have increased by nearly 90% in the past five years. Currently, it is the most expensive disease to our economy, and yet the U.S. spends only a tenth of the research dollars for Alzheimer’s disease that are spent for heart disease and cancer combined.
Full Article and Source:
Why Many People Abandon Friends and Family With Dementia and Shouldn't
RENO, Nev. (KOLO) - Many of us remember the actor Peter Falk as the bumbling detective “Columbo” or as the grandfather-story teller in "Princess Bride."
In New York state, prosecutors know him as a son who pushed for the arrest and conviction of a man who befriended his wealthy mother, isolated her and bilked Madeline Falk out of a million dollars.
“He did public service announcements for financial exploitation. He felt very passionately about it,” says Catherine Falk.
But what you may not know is Falk had two daughters who found out about their father's death through news media accounts.
Catherine Falk says she fought her stepmother in court for months to gain access to her father, who by the time she got to see him suffered from dementia.
“You know the burden should not be placed on the person--the family that's wanting to see visitation. The burden to isolate should really be put on the power of attorney to justify why are you isolating this person from all of these people,” says Falk.
If you think such things are impossible in this day and age, think again.
Current laws in Nevada allow a court appointed guardian--be it relative, a private company, or public guardian--to make all decisions for the person who is declared incapacitated, sometimes with very abusive results.
“A private professional guardian who had moved that elderly person, and was charging unbelievable fees. One day it appeared as if they billed 25 hours in one day.....yeah.” testified Barbara Buckley with Legal Aid Center of Southern Nevada.
Her agency has investigated and represented “Protected Persons” for more than a year now.
Buckley told Assembly Judiciary Committee members she supports both Senate Bills 433 and 360 because they paint clear-cut lines with what rights a "protected person" has, as well as directs the guardian to what they can and cannot do, and what needs to be reported to the court that oversees the process.
"The Bill of Rights" which she authored, if passed, would make Nevada only the third state in the nation with such a system in place.
“So this to me is one of the best bills in the country,” said Catherine Falk about SB 360 which contains the Bill of Rights as well as criminal penalties for guardians convicted of elder abuse or exploitation.
Guardians and facilities that violate the bill of rights can face civil litigation. But both Senate Bill 433 and 360 must make their way to the governor's desk first.
Assembly Judiciary took no action on these two bills May 15, 2017.
But as one lawmaker said last week, this session could be the year of marijuana, as well as changes to guardianship.
Full Article & Source:
Big changes for guardianship in Nevada
As we’ve covered before, a growing number of nursing homes are including forced arbitration clauses in their residents’ contracts. These provisions prevent the residents from bringing lawsuits against their nursing care provider, and from joining with other residents in a class action.
Compounding concerns for nursing home residents, many of them do not sign their own contracts. Instead, their children have power of attorney over their affairs. These representatives may not realize that they are signing away their loved ones’ constitutional rights.
In 2015, the Supreme Court of Kentucky ruled [PDF] against multiple nursing home operators, concluding that while power of attorney might give someone the authority to sign contracts on your behalf, it doesn’t explicitly allow them to preemptively waive your rights to a jury trial.
“[N]one of the power-of-attorney instruments involved in these cases provide a manifestation of the principal’s intent to delegate that power to his agent,” wrote the Kentucky court. “[W]e conclude that the agent was not so authorized, and that the principal’s assent to the waiver was never validly obtained.”
The Kentucky court held that the country’s founding fathers “deemed the right to a jury trial to be inviolate, a right that cannot be taken away; and, indeed, a right that is sacred, thus denoting that right and that right alone as a divine God-given right.”
The nursing home operators petitioned the U.S. Supreme Court [PDF] last year, arguing that the Kentucky court’s ruling violates the Federal Arbitration Act.
That 1926 law states that arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.”
And today, in a 7-1 ruling, SCOTUS agreed that their counterparts in Kentucky had indeed violated the FAA by “singl[ing] out arbitration agreements for disfavored treatment.”
Writing for the majority, Justice Elena Kagan that the FAA “preempts any state rule discriminating on its face against arbitration… And not only that: The Act also displaces any rule that covertly accomplishes the same objective by disfavoring contracts that (oh so coincidentally) have the defining features of arbitration agreements.”
Justice Clarence Thomas was the lone dissenter, repeating his long-held belief that the FAA does not apply to disputes brought through the state court system. Recently confirmed Justice Neil Gorsuch did not participate.
Last September, the Centers for Medicare & Medicaid Services (CMS) issued a new rule that would have barred most longterm care facilities from using forced arbitration clauses in contracts for new residents.
The nursing home industry subsequently sued to stop the rule and a federal judge has put the regulation on hold, and is currently in legal limbo.
Full Article & Source:
Supreme Court Throws Out State Rule Protecting Nursing Home Residents From Having Rights Signed Away
Disability Rights Ohio filed the complaint Thursday in federal court on behalf of six Ohioans with disabilities and approximately 27,800 similarly situated Ohioans. The complaint alleges the state has not complied with the Americans with Disabilities Act and the U.S. Supreme Court decision Olmstead v. L.C. and E.W.
State officials pushed back on the claims, saying the state is working with providers.
Why are they suing?
The lawsuit alleges people with intellectual or developmental disabilities who want to live and work in their communities can't because of limited state funding.
Large intermediate care facilities have eight or more beds and are "highly regimented and controlled, with little privacy, independence, or personal autonomy," according to the complaint. Facility residents have few if any interactions with people other than paid staff. If they work, most facility residents work in sheltered workshops, which the organization says further segregates people with disabilities.
Of the 5,800 individuals living in those facilities, 2,500 are on a wait list for a Medicaid waiver to receive services at home. Another 22,000 people who are not institutionalized are on the wait list.
Last year's state budget allocated millions of dollars for additional waivers, but Disability Rights Ohio Executive Director Michael Kirkman said the money won't fix problems with how the waivers are awarded.
Ohio is unique in that developmental disability services are provided through each of the state's 88 counties. Medicaid waivers that cover services provided in homes and communities are partially funded with local dollars. Residency in an integrated care facility is covered by Medicaid, which Disability Rights Ohio says is a disincentive to move people out of the facilities.
"Where you receive services should not depend on where you live," Kirkman said at a Thursday press conference.
Disability Rights Ohio raised its concerns with the Kasich administration in 2014. Negotiations followed, Kirkman said, but didn't pan out. The lawsuit seeks a court order forcing the state to expand choices for people with disabilities.
What does the administration say?
In addition to Kasich, the lawsuit is suing the directors of the Department of Developmental Disabilities, Department of Medicaid and Opportunities for Ohioans with Disabilities.
Zach Haughawout, a deputy director with the state developmental disabilities department, said Disability Rights Ohio is not being truthful about its conversations with state officials to address their concerns. Haughawout said that department attorneys attempted to sit down with Disability Rights Ohio as recently as two weeks ago, ahead of the lawsuit. Disability Rights Ohio confirmed a meeting has been set up for next week.
Last year's state budget allocated $300 million to expand community-based options for individuals with developmental disabilities and their families. The budget created 3,000 new waivers to cover community-based options. Haughawout said 1,200 waivers will provide options for people who want to leave the facilities or would have no other choice but to go there.
"Rather than allow the Department of Developmental Disabilities the time to implement budget changes negotiated with providers, county boards of development disabilities, self-advocates, and family members, they've decided to subject Ohioans with developmental disabilities to their singular vision of what is best for them," Haughawout said in an email.
Full Article & Source:
Disability Rights Ohio sues Gov. John Kasich, state officials
‘I don’t believe I am the only one’
Donald Gallick Sr. was a man called hard-working. He was a man called helpful. He was also a man called “Dad” by his son, Donald.
“Always willing to do what needed to be done,” the younger Donald says of his dad. “He appreciated sports, a Buckeye fan…a hard worker, faced any challenge, very easy to talk to.”
But as he got older, Donald Gallick Sr. began having health issues. He suffered a minor stroke and it became difficult for him to drive or walk.
“One day, I came over, and he had tripped on a chair,” said the younger Donald, a lawyer who deals with healthcare fraud. “And I found him lying on the ground for the better part of a day.”
Now, the younger Donald can’t stop wondering, ‘What if?’, when it comes to whether or not his dad received the best care while he was in Falling Water Healthcare Center in Strongsville in 2013. He questioned how his father was treated there, but believes he didn’t get the answers he needed.
“I want to know, is this being treated?” he questioned. “What is actually the diagnosis? Is he going to walk again?”
Ohio Nursing Homes: Is your family affected? Check our interactive map here.
Donald Gallick Sr. passed away at another facility in 2014.
“…This was my experience,” he said. “And I don’t believe I am the only one.”
The Gallicks’ story is one of many, as numerous nursing homes in Northeast Ohio have racked up thousands in fines and low ratings by the Centers for Medicare and Medicaid Services (CMS).
(Click to Continue)
Full Article & Source:
How some Ohio nursing homes are putting the lives of society's most vulnerable at risk
NORTHBRIDGE - A caretaker for an elderly man who is legally blind is facing charges after she wrote a check from his bank account to herself for $195,000, which the man said he never authorized.
Gloria S. Morvan, 61, of 51 High St. in the Whitinsville section of town, was arraigned April 25 in Uxbridge District Court on a charge of larceny of more than $250 from a person over 65 or disabled. She was released on personal recognizance, although her bank account was frozen and she was ordered to stay away from the victim. Ms. Morvan is scheduled to return to court May 30.
In a statement to Northbridge police, Ms. Morvan said the money was a gift from her client. “He said he wanted to help me because I helped him,” she told police. “He said he had more money than he knew what to do with it. I never asked for it.”
She told police she used the money to purchase a condominium at 51 High St., Whitinsville, for $160,000. An additional $15,000 went to pay closing and other legal costs and to refinish the first floor of the condo. The remaining roughly $20,000 was in her bank account.
Records from the Worcester County Registry of Deeds show that Ms. Morvan purchased the property with cash on Feb. 28. On April 6 the property was transferred from Ms. Morvan to the Gloria Morvan Trust.
According to court documents, Ms. Morvan had been working part-time as a caretaker since October for Harold Swart, 83, who lives in the Cotton Mill Apartments at 17 Douglas Road. Mr. Swart is legally blind and paid Ms. Morvan in cash to help him with chores such as paying bills and grocery shopping.
In the report prepared by Northbridge Patrolman Matthew Leonard, Mr. Swart told police that he would sign checks with Ms. Morvan’s assistance, through two sets of eyeglasses, and she would write the check out to whomever he was paying.
Mr. Swart told police he became suspicious of Ms. Morvan because she had helped him get a new ATM card and it never came in the mail. He asked an employee at the apartment complex to look at his Santander Bank statements and the employee noticed a $195,000 withdrawal and a check made out to Ms. Morvan in January.
The statement showed that the check had cleared after being deposited through the ATM at Bank of America in Uxbridge, although Ms. Morvan said she deposited the check inside the bank.
Mr. Swart also said he was missing a complete book of checks assigned to his account.
On April 20 Officer Leonard went to Worcester Superior Court to request Ms. Morvan’s bank records.
Lt. Timothy Labrie filed to freeze Ms. Morvan’s accounts and took a sworn statement from Mr. Swart that Ms. Morvan helped him write out checks for bills such as National Grid and cable TV but he never authorized her to write out the check to herself in the amount of $195,000.
Police arrested Ms. Morvan on April 24 at her condo.
Mr. Swart also told police that he owned a car, in which Ms. Morvan would drive him, but she had kept the car and wouldn’t give it back to him. Police returned the car to Mr. Swart.
Lt. Labrie said in an interview that Santander Bank, where Mr. Swart has his account, did not contact Mr. Swart to question the $195,000 personal check to Ms. Morvan, even though he had never signed a check for anything nearly that large.
Although Mr. Swart filed a claim of fraudulent activity directly with the bank, police have not heard yet whether Santander will cover the $195,000 loss to Mr. Swart.
Full Article & Source:
Caretaker charged with bilking Whitinsville man of $195K
FULTON, Mo. - A Fulton man was charged on Monday, accused of taking advantage of an elderly person with disabilities.
According to an officer in a probably cause statement, the investigation began in December 2014 when a Fulton Nursing and Rehab Center resident and staff reported that several of the resident's checks had been either stolen or forged.
Bank statements showed that 15 checks had been stolen or forged between May and November 2014.
The checks were written to Bill Howser and totaled $5,885.
The officer said Howser was interviewed and "advised that he had used (the resident's) checkbook to buy food, beer, cigarettes and cloth(es) for (the resident)."
When asked why he wrote the checks to himself, Howser allegedly told the officer the checks were written to him.
The officer then contacted the facility, where the administrator said the resident had not received any new clothes and her clothes were worn out.
Howser is now charged with financial exploitation of an elderly/disabled person.
A warrant was issued on Monday for Howser's arrest.
Full Article & Source:
Fulton man accused of forging checks, exploiting elderly