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FBI joins probe of trust company accused of taking clients’ funds

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The FBI has joined the investigation into the alleged diversion of millions of dollars in assets, including clients’ Social Security deposits, held by the Desert State Life Management trust company in Albuquerque for elderly and mentally or physically incapacitated clients.

The FBI on Thursday filed a petition seeking the civil forfeiture of two properties owned by Desert State CEO Paul Donisthorpe and his wife, Liane Kerr.

The allegations contained in the 17-page petition contend Donisthorpe engaged in an illegal scheme to defraud the clients of his nonprofit trust company, conducting “financial transactions involving the proceeds of that scheme in a manner so as to conceal the nature, source, location, ownership or control of the proceeds of that scheme to defraud,” all in violation of federal wire fraud, bank fraud and money laundering laws.

Included in the forfeiture petition is a “luxury lodge” in Angel Fire that the couple has been actively trying to sell. The price was reduced just last weekend to $725,000 from $899,000, according to internet real estate listings. The assessed value in 2016 was $925,000.

The federal government also seeks the forfeiture of Desert State’s business office, at 1011 4th St. NW. That’s the same address for Kerr’s law office. She is a criminal defense attorney.

Both properties, the petition alleges, were purchased at least in part with Desert State client funds.

The forfeiture action filed by the U.S. Attorney’s Office in Albuquerque and signed by FBI Special Agent Grant Nixon is a civil matter, and no criminal charges have been filed in the case. Neither Donisthorpe, a certified public accountant who reportedly has medical issues, nor his wife returned Journal requests for comment.

The state Financial Institutions Division has been attempting to conduct a financial examination of Desert State since February, despite what state officials said were numerous stalling attempts by Donisthorpe. He has reportedly suffered some sort of brain damage, either from a stroke, a fall or a suicide attempt, according to a petition filed May 31 by the state agency.

The state petition, which seeks to assume control of the trust company via receivership, contends that so far examiners have found more than $4.1 million in client assets missing after being transferred into bank accounts associated with Donisthorpe and his other business interests. Donisthorpe hasn’t yet responded to the state’s allegations in court. An estimated 70 clients have been identified as suffering losses, state officials say.

The Santa Teresa family of one client has been informed that their disabled son’s $1 million account at Desert State has been drained to zero.

The federal petition states that FBI agent Nixon reviewed a March 10, 2015, financial statement signed by Donisthorpe and his wife showing their joint income to be about $100,000. The couple had obtained a mortgage on the four-bedroom, four-bathroom Angel Fire home, with $130,128 as the principal amount of the loan.

At least $49,000 of client funds were diverted from Desert State client accounts and applied to the mortgage on the Angel Fire property, the forfeiture petition states. Another $37,870 in clients funds were applied to the mortgage on the 4th Street property in Albuquerque after being diverted to Donisthorpe’s Spectrum Capital account. More than $10,000 in what the FBI believes were client funds was also applied to the 4th Street property from two other accounts that Donisthorpe controls.

The petition alleges that client funds were “laundered” through Spectrum Capital Markets LLC and into Donisthorpe’s Corazon Cattle and Paul A. Donisthorpe LLC accounts.

According to the forfeiture filing, the state Financial Institutions Division on May 17 provided the FBI with an Excel spreadsheet showing bank information for Desert State and three of Donistorpe’s other business ventures: Paul A. Donisthorpe LLC, Spectrum Capital Markets LLC and Corazon Cattle LLC. The funds came from various sources including client Social Security deposits and client accounts at financial institutions like Charles Schwab or Vanguard, the petition says.

The financial records showed a pattern of client funds being transferred from client accounts at other financial institutions to Desert State before passing through Desert State accounts to an entity controlled by Donisthorpe, Spectrum Capital. “These transfers did not appear to be authorized by clients and are not consistent with legitimate operations at DSLM,” the petition states.

From Spectrum Capital, the funds were diverted to other entities Donisthorpe controlled: bank accounts, credit card accounts and mortgages, “none of which are associated with DSLM or legitimate business activities of DSLM,” according to the forfeiture filing.

From August 2013 to April 2016, the transfers from the Desert State account to Spectrum totaled about $2.2 million, it stated. “The analysis identified no funds returning to DSLM accounts once they enter the Spectrum Account.”

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FBI joins probe of trust company accused of taking clients’ funds

Maine's Aging & Disability Resource Center (ARDC)

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It can be overwhelming to try to understand your options for in-home, community-based and long-term supports and services. Maine’s Aging and Disability Resource Centers (ADRCs) are here to help!

ADRCs provide answers to questions about aging and disability resources in Maine. ADRC staff are knowledgeable on a wide range of issues and can help you find the resources you need.

ADRC resource experts have designed this site to help you find your own way to the right resources. Click “Explore Your Options” to get started. If you don’t find what you need or need more help, call 1-877-353-3771.

Source:
Maine Aging and Disability Resource Center

Click to read Maine's "Elder Rights Handbook" or to order a copy of the handbook

Couple charged with abuse of elderly woman

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Josh Lane
GREENEVILLE, Tenn. - Two people in Greeneville have been charged with abuse after police say an elderly woman was locked outside of her home-- away from her oxygen.

Around 11:00 a.m. on Sunday, officers responded to an anonymous complaint to check the welfare of an elderly woman on the front porch of her home on Cherry Street.

The victim says her son, Josh Lane, and his wife, Brandy Ragan, locked her out of the house because she woke them up.

The victim also said they nailed the windows shut and padlocked the door to keep her from gaining entry to her oxygen machine.

She went on to say she had been without her oxygen for three days.

Lane and Ragan are both charged with willful abuse and neglect or exploitation of an adult.

Ragan is also charged with an outstanding violation of a probation warrant.

The police report said the incident was drug related.

Officials have not released a photo of Ragan yet.

Full Article & Source:
Couple charged with abuse of elderly woman

LifeTime Resources Receives Grant for Volunteer Guardianship Program

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Dearborn County Hospital
(Lawrenceburg, Ind.) – Thanks to a monetary donation by Dearborn County Hospital and the support of Circuit Court Judge James Humphrey, LifeTime Resources was recently awarded a grant to better assist seniors and incapacitated adults in Dearborn County.

Monies derived from the $50,000 Volunteer Advocates for Seniors or Incapacitated Adults (VASIA) grant, awarded by the Indiana Supreme Court, will be combined with Dearborn County Hospital’s donation of $12,500 and additional funding to help maintain and operate a volunteer guardianship program.

As a requirement to receive a VASIA grant, applicant programs must have a commitment from one or more entities in their service area to provide matching funds.

Designed to address temporary and/or emergency guardianship needs, the program, operated by Sentry Services and administered by LifeTime Resources, will serve as a guardian/representative payee for seniors or incapacitated adults whose family and/or friends are either unable or unwilling to assume the responsibility. The intent of the program is to assure that the rights and interests of all seniors and incapacitated adults are protected under the full extent of the law.

The VASIA grant will also allow for the program to expand its scope of services for seniors and incapacitated adults through the use of volunteers. The program will utilize volunteers to provide various forms of assistance such as calling and/or visiting the individual; escorting them to healthcare appointments; helping them apply for benefits; and other appropriate activities or duties.

For more information on the program and its services and requirements, please contact Sentry Services at LifeTime Resources by calling (812) 432-6220.

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LifeTime Resources Receives Grant for Volunteer Guardianship Program

Elder abuse can take many forms besides the obvious

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As waves of baby-boomers reach retirement age, it seems there has been more media coverage lately about issues that affect seniors.  One of these is the prevalence of elder abuse.  I'm not sure if it's on the rise or it's just being publicized more than it once was, due to shifting demographics.

We often think of elder abuse in terms of what we can readily observe--  physical acts committed against older people, hidden cameras revealing in-home caregivers or nursing home employees lashing out at those they've been entrusted to protect.  But there's another form that can sometimes take years to recognize and can be difficult to prosecute, but it is abuse nonetheless--  financial exploitation of the elderly.

With my parents recently retired, I've been on the lookout for information about how to improve quality of life for the 65+ population.  That's why yesterday's Tribune article about a Blue Island car dealership allegedly taking advantage of an 85-year-old customer caught my attention.

Her son says his mother, June Shivers, dropped off her beloved 2005 Lincoln LS one day for some repairs.  She came home later that afternoon with a 2014 Ford Fusion and a six-year payment plan at about $400 per month.

It appears that she thought the dealership was giving her a "loaner" car to test-drive for a couple days while the Lincoln was in the shop.  Concerned, her son called the dealership after his mother's friends told him, "I think they're trying to sell your mom a car."  The dealership assured him she was just going to take it for a test drive, but when she got home, he found documents in her possession, bearing her signature, that suggest otherwise.

She's since filed a lawsuit against the dealership and the bank that provided the financing.  Her son says she wasn't given a fair trade-in value for the Lincoln; she got a $600 credit when a fair one would have totaled at least $2,000.  He also claims that his mother has been having problems with her memory and was not in a position to make the transaction.  He believes the dealership took advantage of her.

The Blue Island business, however, asserts that they had seen June Shivers several times over the years, and that they didn't notice any signs that she was having cognitive difficulties.  The car has since been repossessed, and she's still on the hook for what's left of the loan, more than $10,000.

It's not clear what happened here.  It seems odd that she would trade in a vehicle that she loved, when it was fully paid for, and take on a purchase that would leave her in so much debt.  Unfortunately, it appears that her family hasn't provided any documentation of her memory problems, which would help their case.  Still, something doesn't add up.

Her son alleges she didn't know what she was signing when she provided her John Hancock on the forms that finalized the sale, and that she never would have given up her Lincoln.

Cases like this remind us to keep tabs on our older loved ones.  It's bad enough when businesses take advantage of them.  And there are the numerous phone scams where some unknown individual contacts them to tell them their child needs to be bailed out of jail or that they must support a particular cause.  Too often, the elderly victims send money or provide bank account information, their assets are taken, and by the time law enforcement can get involved, it's usually too late to recoup the losses.

What's especially troubling is that fraud often takes more subtle forms, and the older person is exploited by some one he or she knows and trusts.  The New York Times reports that, in many cases, the guilty parties are the victims' own friends or family members.

They may seek access to the older person's home or bank account, stealing small amounts at a time so as not to call too much attention to themselves.  Those with dementia and similar problems are especially vulnerable, because they're less likely to recognize what's happening.  Yet they can be cheated out of their entire life savings, sometimes even losing their homes, too.

It can appear that they consented to the withdrawals or willingly gave away valuable possessions since they readily provided access to their assets, when in reality they didn't know they were being fleeced of everything they had.

Many instances of abuse go unreported.  Authorities may be reluctant to get involved, thinking it's a "family matter."  But as increasing numbers of well-off Americans reach their golden years, there's been a resounding call in many states and locales to put stiffer penalties on the books for those who take advantage of this population, and several jurisdictions have taken measures to crack down on elder exploitation.

In 2010, the federal government passed the Elder Justice Act to raise awareness of  financial crimes committed against older people, and to encourage reporting of cases of exploitation.

Greater awareness and tougher legislation are definitely in order.  It's also important for the families of exploited individuals, when reporting such cases, to provide relevant medical information if their loved one has memory loss.  Doing so makes it easier for a judge, jury, or police officer to understand how the victim could easily be taken advantage of.

Meanwhile, keep an eye on your older loved one.  If they mention that they've recently turned over the keys to their home or granted power of attorney to some one you wouldn't expect or don't trust, don't be afraid to ask questions and dig deeper.  If the person in question is not doing anything suspicious, they should be willing to be transparent about their relationship to your loved one, and should understand why you're concerned.

If fraudulent activity is going on, then you can intervene early, before your loved one's entire livelihood is lost, and the criminal can hopefully be brought to justice before any more damage is done.

Full Article & Source:
Elder abuse can take many forms besides the obvious

Lawmakers continue conversation about bill to remove incapacitated elected officials

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SALT LAKE CITY — As county officials prepare to use their purse strings power to help address the troubling situation around Salt Lake County Recorder Gary Ott, state leaders also are pushing forward.

The Legislature's Political Subdivisions Interim Committee voted unanimously Wednesday to create a bill file that legislators can use to create a new law to remove incapacitated county elected officials from office — and fill a "hole" in state law that provides no recourse when such situations arise.

Earlier this year, Rep. Rebecca Chavez-Houck, D-Salt Lake City, proposed a bill that would implement a three-tiered process for removal: a voter petition, a unanimous vote from the applicable governing body, and a judicial proceeding where a judge could order a medical evaluation of the public officer in question.

However, the bill was placed on hold during the 2017 Legislature, with lawmakers saying the issue needed more study, and wary that such a law could be used as a political weapon.

Previously, Chavez-Houck sponsored the bill alone. But Wednesday, Sen. Daniel Thatcher, R-West Valley City, stepped forward as a Republican backer with his own ideas of how to make such a law palatable to legislators.

Thatcher proposed a different three-part framework, where a county council or commission would have to vote unanimously to call for a mental competency exam in court. If a judge then ruled the individual to be incompetent and untreatable, the council could then vote unanimously to remove the official from office.

"This is a deep, personal issue for me," Thatcher revealed during Wednesday's meeting. "Gary Ott was one of my mentors. When I made the decision to run for office, Gary Ott was the very first elected official I sat down with. He wrote me my first donation. I love this man."

But the last time Thatcher had a conversation with Ott at a Republican event, he realized something was wrong, he said.

"After about 15 seconds of lucidity, he started yelling at me for taking his tools before (his deputy) Julie (Dole) quickly whisked him away and out of sight," he said.

Dole disputed Thatcher's story, telling the Deseret News in a text message Wednesday it "never happened."

"I've never seen Gary yell at Thatcher or yell about his tools," she said. "Matter of fact, I can't recall ever seeing Gary yell. I'll think on this more, but (I) am not recalling any situations of Gary yelling in my presence."

Thatcher told lawmakers that "in a perfect world" loved ones would help an elected official step down with grace when they're inflicted by illness, but as portrayed by Ott's story, that isn't always the case. That's why, he said, a law to address such situations is needed.

"Yes, I want to deal with the Gary Ott situation," Thatcher said. "But I also want to make sure this never happens again."

However, creating such a law might not be as simple as passing a bill.

Darcy Goddard, chief policy adviser in the Salt Lake County District Attorney's Office, told lawmakers they "would almost certainly require" a change to the Utah Constitution to create a law that wouldn't be vulnerable to unconstitutional arguments.

A constitutional amendment would require a two-thirds majority vote in both the House and Senate, and would need to be approved by voters in the next general election.

Rep. Christine Watkins, R-Price, said she could "see where this is going to be very tricky," but added that Thatcher's proposal "probably has some merit."

Rep. Val Potter, R-North Logan, said he's supportive of pursuing a new law because he worries that situations such as Ott's, while rare, have happened before and can happen again.

When he was a county council member, Potter said, "we had this very thing happen."

"We had an elected official who was not able to do her job because of cancer," he said, but the matter was resolved when county leaders "offered her an opportunity to resign."

"This does happen, and I don't think we know how many times this has happened," Potter said.

Full Article & Source:
Lawmakers continue conversation about bill to remove incapacitated elected officials

Elaborate scam sets up fake 'law firm' to bilk elderly

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The estate planning lawyers on the website at Walsh & Padilla in Houston look like you would expect. Earnest. Well-groomed. Suits and ties for the men, pearls and pendants for the women.

There's only one problem: Walsh & Padilla doesn't exist.

The Houston Bar Association, in a lawsuit filed in state district court in Harris County, alleges that Walsh & Padilla is fictitious and its website touting estate planning, probate and other legal services is an elaborate front for a scam to fleece the elderly, including one victim who had $14,000 drained from a bank account. The attorneys in the photos look so lawyerly because they are lawyers -- except at other law firms, from where the photos were stolen. The site even includes a working phone number, with an automated answering system that patches callers through to the voice mail of top partner "Jonathan Walsh." (Calls to that number seeking comment were not returned.)

The scam involves sending letters to elderly residents in the United States and Canada informing them that they have life insurance proceeds coming to them as a pretense to gain bank account numbers and other financial details, according to court documents. The bar association on Monday obtained a court order requiring the website to shut down immediately; the bar association also said it filed a criminal complaint with the Harris Count District Attorney's Office, which declined to comment.

The scam has an unusual level of sophistication, nothing like the easy to spot email entreaties for money, said Mary Kate Raffetto, a commercial litigator at Beck Redden, who has done much of the legwork to track down the scam artists. "Someone with some know how-has done this and put this together," she said.

The website remains up as the bar association, which traced the operation to South Africa, tries to locate the web server and deliver the restraining order. "The more we investigate, you see they're trying to cover their tracks to prevent you from finding out who hosts the site," said Raffetto.

Walsh & Padilla came to the attention of the bar association recently when its president, Alistair Dawson, received a call from the Houston law firm Jackson Walker. The photo of one of its partners, Curt Langley, appeared on the Walsh & Padilla site, but over the name "Jonathan Walsh, B.A., J.D."

That was discovered by a recipient of one of the letters about life insurance proceeds who became suspicious, did a reverse search on the Jonathan Walsh photo, found Langley and notified him. "I've been telling everyone here they wanted to use someone who is good looking and has an honest looking face," said Langley.

William R. Hayes, an estate planning and probate lawyer with Hayes & Wilson in Houston, also started getting calls from Canada and discovered, much to his surprise, that his firm's website had been cloned by Walsh & Padilla. One of the calls Hayes received was from a Canadian who was contacted by Walsh & Padilla under the guise of a relative who died in Houston and left a life insurance policy of $6.2 million.

"They changed the name, put in a new (phone) number," he said, but the design, courtroom photos and even the blue/brown/gold color scheme are the same. Even the links on cloned website take visitors to the biographies of Hayes & Wilson lawyers, including Hayes and his partner Lisa Wilson, to make it look like they work for Walsh & Padilla.

"If you do enough clicking, you will find most of us on it," he said.

"Walsh & Padilla also used photos of three lawyers and one firm administrator at Allen Matkins, a Los Angeles-based real estate law firm. All the names were changed, according to the lawsuit.

"The case serves as a reminder that if something seems too good to be true it probably is," Raffetto said. If a lawyer, financial advisor or someone else says they've got money for you, she said, "Be very wary."

Full Article & Source:
Elaborate scam sets up fake 'law firm' to bilk elderly

This coffee shop is changing the way we see people with disabilities

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In some respects, Bitty and Beau's is like any other coffee shop — there's the smell of coffee brewing, the pastry case of croissants and muffins, a handful of people sitting at tables in front of steaming cups.

Yet there are other signs that this is someplace different. There's the bubbly cashier, Jesse Guillaume, who has cerebral palsy and wears a flower crown every day, and only takes a break from chatting to ring up customers’ coffee orders. There's Matt Dean, who has autism and is bent on selling Bitty and Beau’s totes to everyone who walks in the door — "It's perfect for summer!" — in between helping out behind the bar, where workers churn out frappes and cappuccinos.

And then there are the occasional dance parties in the center of the coffee shop, often led by 22-year-old Trevor Jefferson, who has Down syndrome and dreams of being a Hollywood actor. He shakes his hips to Justin Bieber and Katy Perry, blowing kisses at the smartphone cameras recording his moves.

“You kind of see a lightbulb go off in people’s eyes,” Ben Wright, who co-founded the shop with his wife, Amy Wright, told TODAY during a recent visit. All of their 40 employees have some form of disability, with the exception of two managers.

“The whole point is just to show people who come in that people with intellectual and developmental disabilities can do a lot more than you think they can,” Wright added.
TODAY
Ben and Amy Wright named the coffee shop after their children Beau and Bitty, who have Down syndrome.
The couple opened Bitty and Beau’s in January 2016, in a 500-square-foot store in Wilmington, North Carolina. They quickly outgrew the location and moved into a former Hummer dealership a few miles away — 10 times the size of their original space. This fall, they’ll open a second outpost in Charleston, South Carolina.

“This dream has unfolded so quickly and with so much support behind it that we never saw this coming,” Amy Wright, who runs day-to-day operations at the coffee shop, told TODAY.
The Wrights have four children; their youngest two, Bitty, 7, and Beau, 12, the coffee shop’s namesakes, have Down syndrome. They opened the shop in part so that their children would one day have a place to work.

TODAY
Matt Dean greets a customer.
 Full Article & Source:
This coffee shop is changing the way we see people with disabilities

Elder abuse cases on the rise

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Tommy Montgomery
RUSSELLVILLE – Tommy Montgomery was trying to help a woman and her family who were down and out. Instead, Montgomery ended up being a statistic in the growing crime of elder abuse financial exploitation.

“I met her and she said she was going to help me," said the 64-year-old Montgomery. "Then she said she needed some money, and she would come by my house and I would loan her money.”

Montgomery’s wife was in a nursing home and he believed the woman was going to help out around his house.

“At least that’s what she led him to believe,” Franklin County District Attorney Joey Rushing said.

After loaning the woman money, Montgomery was then approached about giving the woman and her family a place to live.

“They started staying on my porch, and the next thing I knew, her, her husband and their two children had moved into the house with me,” he said.

Before long, Montgomery said he was asked to go with the woman to help her get loans.

“She took me to where you write checks and they would loan you money,” Montgomery said.

He said he never got any of the money that he signed for, which according to the district attorney’s office amounts to nearly $3,000.

“She even had him put his truck up for collateral on one of the loans,” Rushing said. “She had him on the hook for all of the loans, and he got nothing out of it but the payments.”

Montgomery said the couple and their two children lived with him several months.

“Tommy, is so good-hearted and always wanting to help others that he couldn’t say 'no' to her,” Rushing said.

“I was just trying to help, and they took advantage of me,” Montgomery said.

According to reports, the Franklin County Department of Human Resourses got involved in trying to check on the two children, and a concerned citizen who knew Montgomery contacted police.

As it turned out the woman, Julie Hawk Clark, was arrested for financial exploitation. Her husband was arrested on the misdemeanor charges of illegal possession of prescription drugs.

Rushing said Clark eventually pleaded guilty to second-degree financial exploitation of the elderly and was sentenced to five years, split to time served and being placed on supervised probation for five years.

“Neither she nor her husband can have any contact with Tommy,” Rushing said.

“It’s just sad that there are people who prey on the goodness of others like this. And that’s all this was,” Rushing said.

Montgomery’s case is not an isolated incident. More and more adults, 60 and older, are becoming victims of elder abuse.

According to a report by AARP, 1 in 10 Americans age 60 and older have experienced some form of elder abuse.

Jerry Groce, regional director for the Alabama Department of Human Resources, said elder abuse comes in a variety of forms from sexual to emotional to physical violence and financial manipulation.

“You see them all, but the biggest issue we see right now is financial exploitation,” Groce said.

He said people will go to “great depths” to take advantage of others, especially the older population.

“Eldely people seem to be more trusting. They grew up in a time when people gave them their word and they kept it,” Groce said. “Unfortunately, in today’s society that just doesn’t happen like it used to.”

Locally, law enforcement and DHR officials who work with the elderly population are seeing an increase in elder abuse cases.

According to local statistics, in 2010 there were 173 cases of elder abuse reported in Colbert, Franklin and Lauderdale counties. That increased to 543 in 2016. This year, the three counties have reported 383 cases.

“There is no question elder abuse is on the rise. It’s one of the fastest growing types of abuse we see,” Lauderdale County District Attorney Chris Connolly said.

A large percentage of the abuse cases involve financial exploitation.

“It used to be we might see one (case) every year or so. Then it got to be every month or two. Now, it seems like we see one of these cases every week,” Connolly said.

Rushing said he recently had three cases of financial exploitation, the most the county has had at one time.

“Honestly, it’s almost like an epidemic,” Rushing said.

Cassie Martin, adult protective supervisor for Colbert County DHR, said in many cases, it is the caregiver or a relative who is exploiting their elderly family member.

“The victims are so trusting and they are having to trust someone to take care of them,” Martin said. “Oftentimes, the ones abusing and exploiting are the ones our adults trust and love. This often makes it hard for the older adults to admit that abuse happened.”

Groce believes the problem has increased because of our more mobile society.

“In the past, people had extended family who lived nearby and took care of them. They were always checking on them,” Groce said. “Now, as society has become so mobile, families don’t live that close, some not even in the same city or state. They’re spread out, and it leaves our older adults vulnerable to this kind of abuse or exploitation.”

Groce said statistics indicate elder abuse is one of the least reported crimes.

“According to reports, we may be getting only about 20 percent of cases actually occurring” Groce said.

“It’s scary to think there are that many more of these types cases going on that we don’t know about,” Rushing added.

Connolly said many victims are afraid to report the abuse.

“They’re scared to come forward because they need someone to take care of them,” he said. “And they’re scared for their safety, so it goes unreported.”

Martin said victims are often ashamed of what has happened to them.

“They don’t want to admit that they have been taken advantage of,” she said, “and that is exactly what’s happened. People are preying on these innocent victims. There are people who make a living taking advantage of our elderly population.”

Groce said law enforcement and DHR are working to make people more aware of the problem.

“Our older population should be revered, not exploited,” he said. “We want to do all we can to take care of them, keep them safe, and protect them from being take advantage of by these predators.”

Full Article & Source:
Elder abuse cases on the rise

Professional Guardian Charged

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Pinellas County professional guardian Fernando Gutierrez has been charged with multiple counts of exploitation of elderly residents who resided in assisted living facilities using power of attorney agreements. The I-Team has done multiple stories about Gutierrez, who has been under investigation for years by the Florida Attorney General's Office. He admitted to us the he is the POA or health care surrogate for dozens of elderly residents.

If you know someone who is affected by his arrest, please contact me at adam@abcactionnews.com

Source:  
Adam Walser I-Team

FED: Man Schemed Elderly With Reverse Mortgages

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(CHICAGO) — A Chicago businessman has been arraigned on federal fraud charges for his alleged role in a scheme to bilk elderly homeowners out of millions of dollars.

Federal prosecutors say Mark Steven Diamond, a mortgage loan originator with offices in Chicago and Calumet City, engaged in a home repair and loan fraud scheme that targeted elderly homeowners and lenders. According to the indictment, Diamond fraudulently caused lenders to make reverse-mortgage loans to homeowners who either did not sign up for the loans or did so unwittingly after Diamond intentionally misrepresented the terms. They say Diamond fraudulently pocketed the loan checks by causing title company representatives, including a co-schemer, to provide the checks to Diamond rather than the homeowners. The indictment seeks forfeiture of $7 million from Diamond.

Diamond, 60, pleaded not guilty at his arraignment this week to seven counts of wire fraud.

According to the indictment, Diamond targeted his victims, who ranged in age from 62 to 97, based on the equity in their homes and their relative lack of financial sophistication. If a victim’s relative questioned Diamond on the need for a reverse mortgage, prosecutors say Diamond would schedule a time to visit the victim’s home when he knew the relative would not be there.

Also charged in the indictment is Cynthia Wallace, 47, of Chicago. Prosecutors say Wallace solicited homeowners to have home repairs performed by Diamond, knowing that Diamond would not actually perform the work. They say Wallace also posed as a representative of the U.S. Department of Housing and Urban Development to fraudulently obtain money from victims.

Wallace has pleaded not guilty to nine counts of wire fraud and two counts of falsely pretending to be an employee of the United States.

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FED: Man Schemed Elderly With Reverse Mortgages

Film Producer Seeking Assisted Suicide Stories

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The producers of The Euthanasia Deception documentary (www.VulnerableFilm.com) are working on a new film dealing with the effects of assisted suicide in America. 

Assisted suicide is currently legal in the States of Oregon, Washington, Vermont, California, and the District of Columbia. 

If you or a loved one have felt coerced, experienced abuse, or come back from the brink of death by assisted death, we would like to hear from you. 

Email us a brief description with contact information at VulnerableStories@gmail.com.

Full Article & Source:
Film Producer Seeking Assisted Suicide Stories

Maine's probate courts may get long-delayed overhaul

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AUGUSTA — Fifty years ago, the voters of Maine approved a constitutional amendment that repealed their historic right to elect probate judges in each county.

But the referendum didn’t actually set a date for when that would happen. It was supposed to take place when the Legislature worked out how to create a new probate court system with full-time judges.

Since they never have, the system that’s been around since 1855 remains in place, a relic that puts a little extra income in the pocket of 16 part-time lawyers who serve as county judges, each in charge of probate cases within a single county.

It’s possible that lawmakers may get around to making the long-promised change before too much longer. Bills that would get the ball rolling are creeping ever closer to final passage.

They would create a commission that would offer a plan for the new court system next year and install judges who would devote all of their attention to probate cases.

To be fair, it’s not as if legislators never tried. They’ve eyed all sorts of possibilities in the past half-century that would do the job. They just haven’t actually endorsed any of them.

“Study after study has suggested we change the system. Let's finally give it the attention it deserves,” Sen. Roger Katz, R-Augusta, said.

While Maine dithered, the rest of New England, which once had the same kind of independent probate courts overseen by part-time judges who often practice law on the side, has pulled off the makeover.

“Maine remains an outlier, with no benefits to its citizens from maintaining such position. Each year that passes makes the need for comprehensive reform more urgent,” said Deirdre Smith, a faculty member of the University of Maine School of Law and the director of its legal aid clinic.

Probate courts, which don’t have juries, deal with estates, adoptions, name changes, guardianship issues and proceedings aimed at protecting minors. Much of what they do is out of the public’s eye and successful judges are often at least as adept at dealing with clashing personalities as they are at interpreting arcane legal points.

The proposal, which both the House and Senate have endorsed, would create a 15-member commission “to create a plan for a more efficient and effective probate court system” that “will ensure, timely, convenient and meaningful access to justice.”

Katz said Maine’s regular judiciary works fine.

“I don't think we can say the same thing about the probate court system,” he told colleagues. “It doesn't look good on paper and, although it usually works well, that is not always the case.”

“To me, the heart of the problem is twofold: First, we elect probate judges who serve only part time, and secondly, we allow them to appear as private attorneys in Maine courts and probate courts outside of their own county,” Katz said.

He also said that if the state designed a system from scratch, it would never have elections for judges. “It is a system absolutely ripe for abuse,” Katz said, with inevitable complications for both winners and losers in contested races.

Besides, he said, “The idea of a partisan probate judge makes little sense in the 21st century. What is the Republican position on how to handle a contested guardianship? I have no idea.”

Katz also called it “a lousy system” to allow probate judges to practice law on the side “and even appear in probate courts in other counties as a private attorney, arguing cases in front of their fellow judges.”

It’s not hard to come up with scenarios where conflicts of interest may abound as judges, who are also private attorneys, vie with one another in one court while sitting in judgment of each other in a different venue, Katz said.

Leo Delicata, an attorney with Legal Services for the Elderly, said that because each court is independent from the other probate courts, Mainers “are not likely to receive the same experience of justice in each of these courts.”

That, he said, “is not acceptable in a society where the rule of law defines who we are as a people.”

He said the system needs uniformity and full-time professionals steeped in the relevant law and following the same procedures as other probate judges statewide. In the end, Delicata said, it “comes down to the idea that being a judge is more than just a job.”

One of the few critics of the proposal is Louis Sigel of Gardiner, who said Katz “is not trying to fix the Maine probate court system, he is attempting to destroy it.”

Sigel said that if probate judges can’t work part-time as lawyers, only wealthy people will be able to afford the job. The bill, he said, would “totally impoverish most probate judges” since they could only rely on their salaries.

Kathleen Ayers, a second-generation register of probate for Kennebec County, said probate courts are part of county government, which sets their budgets and salaries — something the state’s overhaul would likely change. The bill includes a provision to figure out how to ensure proper pay for the judges.

Ayers said the Maine Association of Registers of Probate isn’t opposed to change but wants a say in what’s done.

She said the existing system is about more than simply litigation. Much of the work involves answering questions from people who are trying to figure out what to do with a child whose parent is sent to jail or how to deal with an estate for somebody who died without significant assets.

She said probate judges want to improve the system and make it better. The question, though, is whether there’s enough money for the overhaul Katz envisions.

“Luckily, that is a question you folks must answer,” Ayers told lawmakers.

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Maine's probate courts may get long-delayed overhaul

Antipsychotics Found to Harm Hospice Patients With Delirium

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A February 16, 2017 article in Neurology Today takes aim at the harmful misuse use of antipsychotic drugs to treat symptoms of delirium for patients receiving hospice care.

The article, "Antipsychotics Found Ineffective for Patients with Delirium in Palliative Care", is centered on a recent study in which Haldol and Risperdal were found to worsen delirium and increase mortality when given to hospice patients. Patients given a placebo fared better. The authors conclusion: “Antipsychotic drugs should not be added to manage specific symptoms of delirium that are known to be associated with distress in patients receiving palliative care who have mild to moderately severe delirium.” Non-pharmacological approaches were recommended.

 Source:
Antipsychotics Found to Harm Hospice Patients With Delirium

Governor Bill Haslam signs bills to protect elderly citizens from exploitation, abuse

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(WJHL) – Gov. Bill Haslam signed two bills into law on Wednesday, both meant to better protect the elderly in Tennessee.

One of the laws aims to do more to stop people from financially exploiting senior citizens.

Co-sponsor Sen. Rusty Crowe said banks were previously afraid to report the crime due to liability concerns, so lawmakers made a change to give those banks better protection and direction.

In addition to financial exploitation, the law also increases penalties for people who abuse or exploit the elderly or vulnerable adults.

State senators credit our 2013 Community Watchdog investigation as the reason for their continued focus on elder abuse.

That investigation prompted harsher penalties and the creation of a state elderly and vulnerable abuse task force.

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Governor Bill Haslam signs bills to protect elderly citizens from exploitation, abuse

Former Guardian Jailed After Missing Report Deadline

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Laura Cooper
The former guardian of a Jefferson County widow is being held without bail until she accounts for hundreds of thousands of dollars advocates say is missing.

According to court documents, 43-year-old Laura Cooper of Clinton, Arkansas appeared in a Tallahassee courtroom on Tuesday to plead for more time to produce a guardianship report.

But Leon Circuit Judge Robert Long ordered Cooper held without bond until she produces a report the court first demanded May 24th.

Advocates for Delores Caracci contend more than $400,000 in cash, real estate, and vehicles is missing from her estate.

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Former Guardian Jailed After Missing Report Deadline

Woman charged after police say she wiped out mother's bank accounts

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KANAWHA COUNTY, W.Va. (WSAZ) -- A woman is being charged after police say she neglected and exploited her elderly mother.

Amanda Reavis, 36, is charged with abuse or neglect of an incapacitated adult and financial exploitation of an elderly person.

According to a criminal complaint, Reavis' mother was admitted to the hospital in August 2016 with a low body mass index and cognitive abilities in decline.

Dunbar Police say Reavis has had power of attorney of her mother since January of 2015 to oversee her mother's health, well-being and her financial affairs.

Reavis took control of two of her mother's bank accounts, one of which had $58,000 in it. By March 2016, police say that account was down to just $85.

Police say from September 2015 to September 2016, Reavis was also receiving monthly social security deposits for her mother, each totaling $1,724.

According to the criminal complaint, Reavis left her mother in less than desirable conditions which included bed sores, soiled clothing and being placed in a bedroom with little to no interaction.

Reavis was turned into Adult Protection Services for neglect.

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Woman charged after police say she wiped out mother's bank accounts

Law license of former York County probate judge suspended for 2 years

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Former York County Probate Court Judge Robert Nadeau.
The Maine Supreme Judicial Court has suspended the law license of former York County Probate Judge Robert Nadeau for two years for multiple violations of the state’s code of judicial conduct.

The court’s 34-page decision, handed down Tuesday, is the latest setback for Nadeau. He was suspended 30 days last summer while he was still on the bench, then lost his bid for re-election in November.

Nadeau has been operating a law practice in Biddeford, but will not be allowed to practice in Maine for two years beginning Aug. 1. He also must pay a $5,000 fine.

“This is now the fourth time that Judge Nadeau has appeared before us for ethical violations and the third time for conduct that occurred while serving in a judicial capacity,” the court’s ruling states. “Here, his actions were often carried out in an intemperate and vindictive fashion against former colleagues of his law practice and their associates. Attorneys’ reputations were harmed, and litigants before him were pressured to support his efforts to increase court resources and his compensation.”

Despite the ruling, Nadeau defended his record in a statement Tuesday night.

“I am proud to have made a positive difference in the lives of nearly 20,000 children, adult incapacitated persons, and their parents, grandparents, adult children and others during my 16 years of service for York County and its probate court,” Nadeau said in an email. “This is so, despite the probate court’s woeful lack of adequate support and exercise of substantial interference by its county commissioners and despite the unfortunately high degree of politicization of Maine’s elected private judges by those commissioners, their uninformed manager and probate register, the York County bar, and others who oppose an elected judiciary.”

Nadeau was first elected as probate judge in York County in 1996. He served three four-year terms before losing re-election in 2008. However, he won back his seat in 2012.

The most recent allegations against him were detailed in a report filed Jan. 16, 2016, by the state’s Committee on Judicial Responsibility and Disability, which governs members of the bar.

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Law license of former York County probate judge suspended for 2 years

Dennis Crawford Imprisoned For Financial Exploitation Of Ward

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DATE/TIME: 11/20/15 @ 1100 hours LOCATION: Derby, VT VIOLATION: Financial Exploitation of a Vulnerable Adult, Grand Larceny, Abuse Neglect of a Vulnerable Adult, False Information to a Law Enforcement Officer ACCUSED: Dennis Crawford AGE:46 CITY, STATE OF RESIDENCE: Orleans, VT VICTIM: Theodore Ackley AGE:86 CITY, STATE OF RESIDENCE: Derby, VT SUMMARY OF INCIDENT: In August 2015 the Vermont State Police became involved with a case involving a vulnerable adult and a family member who was taking advantage of him. On 11/20/15 after several months of investigation a search warrant was executed at the residence of Crawford with the help of Border Patrol K-9 Unit, VSP Computer Crimes and local BCI personnel to look for further evidence of the above crime. Crawford was arrested for the above violations and taken before the Judge. Crawford was released on conditions.

Dennis Crawford Imprisoned For Financial Exploitation Of Ward

 

The United States Attorney for the District of Vermont announced that Dennis Crawford, 48, who now lives in St. Johnsbury and formerly lived in Newport and Orleans, was sentenced today in United States District Court in Rutland to 18 months of imprisonment following his guilty plea to a charge of wire fraud. U.S. District Judge Geoffrey Crawford also ordered that Crawford serve three years of supervised release following completion of his prison term and pay restitution of more than $77,000. The court ordered Crawford to surrender to the Bureau of Prisons on Aug. 1 to begin serving his sentence.

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Dennis Crawford Imprisoned For Financial Exploitation Of Ward

Two charged with taking financial advantage of elderly people

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Louise McLendon
Two people have been arrested and charged with taking financial advantage of elderly people.

On June 21, investigators with the Dothan Police Department arrested and charged Stephen Fredrick Beck III, 36, of Dothan, with financial exploitation of the elderly and identity theft.

According to Dothan Police Lt. Will Glover, Beck had taken advantage of a family member with health issues, which benefited Beck with an automobile. He also used the same family member’s name to obtain automobile insurance on the vehicle. However, once the victim realized what had occurred, she contacted the Dothan Police Department.

Investigators also arrested and charged Louise McLendon, 66, of Dothan, with financial exploitation of the elderly. McLendon was the caregiver for a 76 year-old victim.

According to Glover, family members of the victim noticed a decrease in the victim’s checking account. Glover said the suspect had written several checks totaling $7,000, and forged the victim’s signature.

Both cases are still being investigated by the Dothan Police Department. Anyone with any additional information can call the Dothan Police Department at 334-615-3000.

A person convicted of taking at least $2,500 in cash or property through exploitation of an elderly person is guilty of a Class B felony, punishable by between 2 and 20 years in prison and a fine of up to $30,000.

Full Article & Source:
Two charged with taking financial advantage of elderly people
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