Sweet Freedom!

A judge gave disabled dentist Monica Yepez a reason to let out a big sigh of relief Thursday.

Probate Judge Eduardo Gamboa released Yepez from her state-mandated guardianship. He ordered her appointed guardian, El Paso lawyer Hector Phillips, to transfer her property back to her within 45 days. Phillips and Yepez are scheduled to meet today to take inventory of her jewelry.

"I wish you luck, and please watch your spending so you can have some cushion for your needs in the future," Gamboa told Yepez.

Gamboa also ordered Phillips to write a $200 check to accountant Karen Carson to complete Yepez's 2007 and 2008 tax returns, which were never filed. Gamboa appointed Carson in August to audit Yepez's estate.

Nervous before the hearing, Yepez left court with her relentless smile noticeably bigger.

"I'm satisfied," she said. "Now that I got my life back, I plan on taking advantage of it. It's exactly what I wanted."

But Yepez's family and friends worried that the court ruling was just the first step in getting her life back in order.

In 2007, her estate was valued at $1.1 million. Her three vehicles, worth a combined $140,000, were sold, as were the assets of her dental practice. The proceeds from those sales have yet to be accounted for.

Yepez's father, Alonso Yepez, said he worried that her belongings and the money would never be found.

"There's still a lot of things missing, but that's all we wanted, just to get her off the guardianship. It was draining her," Alonso Yepez said.

Full Article and Source:
Judge Releases Disabled Dentist From State-Ordered Guardianship

See Also:
Woman Wants Answers

Daniel Gross Case: Back in the News

In the case of a New York man who was wrongfully placed in a nursing home for 10 months against his will, the 2nd Circuit affirmed dismissal of the man's claims against the probate judge, the nursing home and state officials, but asked the Connecticut Supreme Court whether quasi-judicial immunity extends to court-appointed conservators and attorneys.

In 2005, octogenarian Daniel Gross had a conservatorship imposed on him and was kept in a nursing home until a Superior Court judge in Connecticut ordered him released, citing "a terrible miscarriage of justice."

Gross sued probate Judge Thomas P. Brunnock, court-appointed attorney Jonathan Newman, conservator Kathleen Donovan, Grove Manor Nursing Home, Gov. M. Jodi Rell and state ombudsman Maggie Ewald.

Gross said the defendants wrongfully kept him at Grove Manor, where he lived with a violent roommate who attacked him, and ignored his complaints about the mistreatment.

The defendants all asserted absolute or quasi-immunity, and U.S. District Judge Vanessa Bryant dismissed the complaint. She dismissed the claims against state officials for procedural reasons, but cited immunity for the rest.

"We affirm the dismissal of claims against the state officials, the tort claims against the nursing home, and the finding of absolute judicial immunity as to the judge," the New York-based appeals court ruled.

However, it found Connecticut law on quasi-immunity "unclear" and certified the following questions to the state Supreme Court:

"Under Connecticut law, does absolute quasi-judicial immunity extend to conservators appointed by the Connecticut Probate Courts?

"Under Connecticut law, does absolute quasi-judicial immunity extend to attorneys appointed to represent respondents in conservatorship proceedings or to attorneys appointed to represent conservatees?" and;

"What is the role of conservators, court-appointed attorneys for conservatees, and nursing homes in the Connecticut probate court system, in light of the six factors for determining quasi-judicial immunity outlined in Cleavinger v. Saxner, 474 U.S. 193, 201-02 (1985)?"

Full Article and Source:
Court Seeks Clarification in Conservatorship Case

Former Guardian Waives Hearing

A 53-year-old Hudsonville area woman accused of stealing more than $100,000 from her parents waived a probable cause hearing Thursday to preserve a plea deal that offers a lesser penalty.

Eloise Russo, the former guardian of Thomas and Ada Sherwin, is charged with embezzlement of more than $100,000. An Ottawa County Probate Court judge earlier determined a loss of $107,000, although Russo's attorney claims the amount is much less.

She allegedly told a court-appointed attorney in Ottawa County Probate Court that she spent at least $40,000, with $10,000 as a gift to her and the balance spent gambling.

Thomas Sherwin died recently at the age of 90 while his wife, Ada, 83, is in a nursing home. Prosecutors have offered Russo a deal to plead to embezzlement of more than $20,000.

Full Article and Source:
Daughter Charged With Embezzeling More Than $100,000 From Parents Waives Hearing

See Also:
Daughter Charged With Embezzlement

Kansas State Hospital Targeted for Closure

A Kansas commission is recommending that the state close its hospital for the mentally disabled in Topeka and move more patients into group homes.

The closure would leave the state with just the Parsons State Hospital and Training Center. Officials estimate the proposals for the Kansas Neurological Institute in Topeka and the Parsons hospital would save the state at least $5.7 million a year.

Full Article and Source:
Kansas Panel Backs Closing State Hospital in Topeka

Charged With Abducting Disabled Woman

Bail of $300,000 each was ordered for two Raleigh, N.C., men charged with abduction and interference with custody for allegedly taking a developmentally disabled woman they met on the Internet out of state without a guardian’s permission.

Thomas Steen, 29, and Kyle Cornelius, 37, also known as Richard Tharp, pleaded not guilty to the felony charges Monday, Oct. 26, in Miami County Common Pleas Court.

Sheriff’s Capt. Dave Duchak said the woman, who is 18 but functions mentally at a much younger age, was caught this summer talking with one of the men on the Internet and prohibited by family members with further communication with him. The family later learned she had continued communications and then left with the two who came to Ohio on Sept. 3, he said.

She later was located in North Carolina and returned to the county.

Pretrial hearings for both men are scheduled for Monday, Nov. 2. They remain in the county jail.

Full Article and Source:
Men Charged with Abducting Disabled Woman

National Silver Alert Act (S.557)

U.S. Senator Charles E. Schumer today announced that he is pushing legislation to create a nationwide network for locating missing adults and senior citizens with Alzheimer's, dementia, and other mental impairments. The Silver Alert Act would create a program, modeled after the AMBER Alert, which would provide federal coordination and assistance through the Department of Justice to local and state law enforcement to assist efforts to locate missing senior citizens across the country.

Schumer said today that a nationwide alert network is critical because missing adults can cross state and county lines.

Senator Schumer is sponsoring the National Silver Alert Act (S. 557), which will encourage and integrate systems throughout the United States to help identify and locate missing seniors with cognitive impairments. The bill will also authorize grants for these organizations. The bill has already passed the House of Representatives.

Full Article and Source:
Schumer Pushes for Nationwide Alert System to Locate Missing Adults With Alzheimer's Disease; Almost 22,000 Seniors in Rochester Finger Lakes are Affected

Georgia Court Employee Accused of Theft by Taking

A court employee in Dawson County is accused of stealing thousands of dollars paid for traffic fines.

For the past few years, anyone in Dawson County who needed to pay a traffic ticket would hand over their money to probate clerk Julie Honea. Investigators said for the past several months, Honea, 51, was actually pocketing the money.

“She was a trusted employee,” said Judge Jennifer Burt.

Burt said she is still in shock. She said an internal audit found the alleged misconduct by her 10-year employee.

“Of course you learn to trust someone that's worked for you that long,” said Burt.

Dawson County sheriff’s investigators filed theft by taking charges against Honea on Tuesday, accusing her of pocketing more than $6,400 over the past several months.

Investigators believe Honea tried to fool the system by marking the fines as suspended or waived in the computer before taking the cash.

Full Article, Video, and Source:
Court Employee Accused of Stealing Thousands Paid for Traffic Fines

Accused of Stealing More Than $560,000

A 61-year-old woman was arrested this week, accused of stealing more than $560,000 from an elderly woman by withdrawing large sums of money from the 95-year-old woman's retirement accounts between 2006 and 2009.

The victim was introduced to the suspect, Colleen A. Averill, of Beaverton, in the late 1990s by a friend whose own financial affairs was being managed by Averill, according to court papers.

Portland Officer Deanna Wesson obtained recordings of the calls Averill made to New York Life Insurance Co. in 2006, in which Averill tried to disguise her voice as an older woman, impersonating the then-92-year-old victim to ask for a dispersal from her account.

Police found Averill paid off her daughter's $21,484 car loan, spent hundreds of dollars at liquor stores and paid between $2,000 and $5,000 a month to American Express and other credit cards.

Now, Averill faces 64 felony counts, including multiple allegations of first-degree criminal mistreatment, first-degree aggravated theft, first-degree forgery and falsifying business records.

Full Article and Source:
Woman Accused of Bilking 95-Year-Old of More Than $560,000

Former Real Estate Agent Facing Prison Time

A 46-year-old former real estate agent is facing prison time after pleading guilty to improperly selling the home of an elderly Tucson resident and keeping the profit.

Ammar Dean Halloum was working as a licensed real estate agent when he misrepresented himself and obtained the title of a Gilbert home from a Tucson dementia patient, according to the Arizona Attorney General’s Office.

Halloum recently pleaded guilty to one count of theft/financial exploitation of a vulnerable adult and one count of fraudulent schemes and artifices, both felonies, according to the Attorney General’s Office.

Halloum also agreed to pay over $200,000 in restitution to the victim and over $30,000 to the Attorney General’s Office for prosecution costs.

Pima County Superior Court Judge Richard Fields will sentence Halloum Dec. 1.

Full Article and Source:
Real Estate Agent Admits Defrauding Elderly Tuscan Resident

AARP Under Scrutiny

The nation's preeminent seniors group, AARP, has put the weight of its 40 million members behind health-care reform, saying many of the proposals will lower costs and increase the quality of care for older Americans.

The group and its subsidiaries collected more than $650 million in royalties and other fees last year from the sale of insurance policies, credit cards and other products that carry the AARP name, accounting for the majority of its $1.14 billion in revenue, according to federal tax records. It does not directly sell insurance policies but lends its name to plans in exchange for a tax-exempt cut of the premiums.

The organization, formerly known as the American Association of Retired Persons, also heavily markets the policies on its Web site, in mailings to its members and through ubiquitous advertising targeted at seniors.

The group's dual role as an insurance reformer and a broker has come under increasing scrutiny in recent weeks from congressional Republicans, who accuse it of having a conflict of interest in taking sides in the fierce debate over health insurance. Three House Republicans sent a letter to AARP on Monday complaining that the group was putting its "political self-interests" ahead of seniors.

Full Article and Source:
AARP: Reform Advocate and Insurance Salesman

Judge Blasts MI Dept of Human Services

An Oakland County judge blasted the Michigan Department of Human Services today for its repeated failures to take action in a 2007 case of elder neglect so severe it shocked veteran police investigators and resulted in the death of a 63-year-old Southfield woman.

Oakland Circuit Judge Nanci Grant voiced her anger, frustration and shock at the fact that DHS workers had four separate contacts over two years with Stephanie Cooper about the condition of her mother, Agnes, who was found living in squalor, sitting in her own urine and feces and ridden with bedsores, but still took no action and offered no assistance to the Cooper family.

Bedridden, Agnes Cooper was taken by ambulance from the home with flesh dropping from her body. Police reports show the home -- which was shared by Agnes, Stephanie and Stephanie's 9-year-old daughter -- was full of garbage, rotten food, maggots and feces.

Her death was ruled a homicide due to sepsis, multiple pressure sores and neglect.

Stephanie Cooper was criminally charged in the case and her daughter was removed from her custody.

Speaking at Cooper's sentencing on involuntary manslaughter charges, Grant said she spent two weeks poring over DHS reports in which case workers saw Agnes in deplorable living conditions and did nothing.

"If someone wants you to go to prison, someone from DHS would be going with you. They are equally culpable of your mother's death," Grant said Wednesday, ignoring a recommendation from probation that Cooper spend five years in prison for involuntary manslaughter and instead sentencing her to five years of probation.

"I'm astonished, embarrassed and offended by DHS who could have come into the probate court for guardianship. We don't let people die on their own," Grant said.

Full Article and Source:
Judge Blasts State Workers in Southfield Elder-Neglect Death

"It's Time to Let These People Be"

The parents of a southern Minnesota teenager who once fled the state to avoid chemotherapy went before a judge Monday and asked for the court's role in the case to end, saying they are following the advice of doctors and making sure their son gets the best medical care.

Daniel Hauser, 13, is undergoing radiation treatments for childhood Hodgkin's lymphoma. He finished chemotherapy in early September, and his father said there is no sign of cancer.

"In all reality, he's been in remission for quite some time already," Anthony Hauser said in a telephone interview Monday. "I hope he stays in remission — that's No. 1. And hopefully we can live our lives normally again."

During a hearing in Brown County District Court, Judge John Rodenberg said that as long as no new issues arise, he would close the case after Daniel completes his 12 recommended sessions of radiation — which are expected to end Nov. 6, according to Joseph Rymanowski, an attorney for the parents.

"It's time to let these people be. They've been through enough," said Rymanowski.

Full Article and Source:
Minnesota Family Wants Court Out of Son's Cancer Case

See Also:
Mom Flees With Son

Forced Chemo

Long-Term Health Care

House health care legislation expected within days is likely to include a new long-term care insurance program to help seniors and disabled people stay out of nursing homes, senior Democrats say.

The voluntary program would begin to close a gap in the social safety net overlooked in the broader health care debate, but it must overcome objections from insurance companies that sell long-term care coverage and from fiscal conservatives.

"I'm pretty confident that it will be in there," Rep. Frank Pallone, D-N.J., a leading sponsor, said of the provision.

More than 10 million people currently need long-term care services, a number that's only expected to grow as the baby boom generation ages. But most families whose elders can no longer care for themselves have to scrape to find a solution.

The cost of nursing homes averages $70,000 a year, and a home care attendant runs about $29 an hour. Medicare only covers temporary nursing home stays. Middle-class households have to go through their savings before an elder can qualify for nursing home coverage through Medicaid.

The new proposal is called the Community Living Assistance Services and Supports Act, or CLASS Act, and passing it was a top priority for the late Sen. Edward M. Kennedy, D-Mass.

Full Article and Source:
House Bill Likely to Include Long-Term Health Care

MA Lawyer Disbarred

Charles L. Lonardo, once the area's top personal injury lawyer who went to jail after being convicted for auto insurance fraud, has been barred from practicing law in Massachusetts.

Convicted of conspiracy to commit auto insurance fraud in April 2006 and sentenced to 21/2 years in jail, the Board of Bar Overseers voted to disbar Lonardo on Sept. 14.

The judgment was processed Oct. 16 by the Supreme Judicial Court for Suffolk County.

A state Appeals Court upheld Lonardo's conviction in July.

According to state prosecutors, Lonardo, 49, of Winthrop Avenue, paid so-called runners to plan auto accidents and bring him supposed victims who would then file insurance claims.

The disbarment is retroactive to June 21, 2006, the date Lonardo's license to practice law was temporarily suspended.

Full Article and Source:
Lawyer Disbarred for Auto Insurance Fraud

Time for Gary Harvey to Go Home

The holidays are fast approaching and Gary Harvey isn’t home yet. Why not?

The wheels of justice turn slowly? Someone needs to get out the grease because this situation has gone beyond unreasonable, illogical, irresponsible and control-freak mode. It’s unacceptable!

In review:“This is a case where a 55 year old man had a heart attack, fell down the basement stairs, and ended up severely brain damaged. It is a case where still another so-called ethics committee felt it had some sort of god-like wisdom and right to determine life or death for a stranger. It is a case where a so-called ethics committee decided, behind closed doors, that it was perfectly okay to starve and dehydrate this man — Gary Harvey — to death by termination of his Total Parenteral Nutrition (TPN) feeding tube.”

In my opinion, there are players in this case that have tried to make Sara look bad, so as to take the spotlight off their inappropriate actions and/or lack of action. They have done it because they can. Sara is only one person. They are a group. Sara has limited funds. They apparently have, at least in part, the taxpayers money to fight, until Sara is broke, Gary is dead or both. That is obvious. What isn’t obvious is why they are fighting so desperately to keep Gary under their control. Just why is that?

The so-called ethics committee already wanted to put Gary to death and a DNR has been put on him. So, if they don’t care if he dies, why are they worried about Sara being alone with him? What can they possibly be worried about? That she is going to kill him? But that is what they — not Sara – tried to do and they aren’t planning on saving him if anything goes wrong. So why are they desperately fighting to keep Gary in their control? Just what is it that they are scared of?

Full Article and Source:
It's Time to Go Home: Gary Harvey's Case in Review

See Also:
Not a Typical Day in Court

Wife Seeks Rights to Comatose Husband

The Brainwashing of an Unsuspecting People: Continuing to Deny Death Panels

Behind Closed Doors: The Gary Harvey Story

Follow Up: The Gary Harvey Story

Kidd Family Freed

It’s an emotional and long awaited homecoming for an elderly Richardson couple whose battle with the state for their freedom triggered a FOX 4 Investigation. Michael and Eugenia Kidd say the State of Texas has held them captive in a nursing home for months. But after a court ruling today the Kidds are finally saying “home sweet home.”

They were all smiles as they walked up to the door of their house. It has been almost a year since the Kidds have been home. “It’s a relief, I can tell you that,” said Michael Kidd. Within minutes Michael was at his piano, one of his greatest sources of joy. But Michael admits, he’s a bit rusty.

FOX 4 reported how the Kidds were sent to the Countryside Nursing Home against their will. The Texas Department of Aging and Disability Services argued the Richardson couple was incapacitated and unable to care for themselves after Michael broke his hip and required surgery. Eugenia suffers from memory loss.

This morning, the Kidds appeared in Collin County probate court before Judge Weldon Copelend. Only this time, they had two attorneys on their side arguing that they should be allowed to go home. A new psychiatric evaluation shows Michael has the ability to make decisions for himself and his wife Eugenia doesn’t need guardianship.

“Our position is that the guardianship of the person should be lifted in regards to both Mr. and Mrs. Kidd,” attorney Ad Litem, Melinda Hartnett explained to the judge. The state’s attorney didn’t oppose and Judge Copeland was quick to rule in their favor this time. “We expected them to be able to go home and the doctor’s report was pretty clear that is what should happen and I think everyone realized that,” said the Kidds’ pro bono attorney, Tim Taylor.

Full Article and Source:
Kidds Leave Facility, Return Home

See Also:
Closer to Freedom

Elderly Couple Won't Lose House

Elderly Couple Forced Into State Custody

From Wealth to Welfare

The old woman sits in the corner reclining chair, as she does most of the time any more, looking at, well, nothing. The smell — a stinging mixture of urine and ammonia — doesn't seem to bother her as it does a visitor to this Phoenix nursing home. Or maybe she's just accepted the fact that this is how she will live out the rest of her life.

Are you happy? I ask her, and her eyes cloud over as she hesitates, then shakes her head.

“No,” she says softly. “Are you happy?”

Not even close, I feel like telling her as I look around. But I don't. No need to pile more worry onto the frail shoulders of an 88 year old who already has far more than her fair share.

Not even four years ago, Marie Long had $1.3 million in assets, held in trust for her final years on this earth. Sometime in the next few weeks, she'll be tossed onto the state's welfare rolls. All of her money is gone now; much of it bled off by legal fees and guardian fees.

And the court that exists to protect her?

Simply put, it didn't.

Marie has no children to watch over her. Long ago, her daughter died of cancer at age 16 and the following year, her 20-year-old son was killed in Vietnam. When her husband Cliff died in 2003, he left Marie in decent shape, having put all they owned into a trust.

Two years later, Marie suffered a stroke and the beneficiary of that trust, her niece Genevieve Olen of El Cajon, Calif., took over managing Marie's money.

Court records paint a picture of the family squabble that ensued. Olen moved her aunt to a San Diego assisted-living center, reasoning that it would be best for Marie and cheaper than round-the-clock help in her own home.

But Marie wanted to come home to Scottsdale and her sisters fought to make that happen. Marie, meanwhile, removed Olen as her beneficiary though she remained as trustee, in charge of Marie's money.

For nearly two years, Marie would live at home, her care overseen by her court-appointed guardian, Tempe-based Sun Valley Group. Early on, another company supplied 24-hour companion caregivers to Marie, at a cost of up to $9,000 a month.

In April 2006, SVG installed its own caregivers and the cost jumped to $10,000 to $15,000 a month. This, on top of the thousands SVG was charging each month for serving as her guardian and despite a Supreme Court rule that bars guardians from “self dealing or the appearance of a conflict of interest.” If such services aren't available elsewhere, the rule allows a guardian to provide them but only after getting court approval.

There is nothing in the court file to indicate SVG notified the judge that it was also collecting on the side by providing Marie's caregivers.

Full Article and Source:
From Wealth to Welfare: How Much Court "Protection" Can One Old Lady Afford?"

MI Nursing Homes: Hundreds of Care Violations

They are our most fragile and most vulnerable -- and they are not being treated right.

They are being tied down with sheets, being left unsupervised as their caretaker takes a nap, and occasionally being verbally and physically abused, state records show.

In the last two years, Genesee County’s 285 adult foster care facilities have racked up 323 reported violations of state rules, according to a Flint Journal investigation of Michigan Department of Human Services records.

One facility, Sister Love Adult Care in Flint, racked up 27 violations in one year before the state shut it down on July 11. Investigators found residents were suffering from bed sores and not getting their medicines.

And, just this month the state recommended revoking the license of another facility, Carol’s AFC in Flint’s college and cultural neighborhood, after repeated violations.

It is a nightmare come true for many who struggle to find a place where loved ones with mental illness or incapacitated by old age can get the care that family simply can no longer provide.

Full Article and Source:
Genesee County Nursing Homes Rack Up Hundreds of Care Violations

See Also:
Investigation at MI Adult Foster Care

DA Investigates Public Guardian Estate Sales

Prosecutors are investigating allegations that at least one Madera County employee broke state law by buying the property of people who died while under the county's care.

The Madera County District Attorney's Office began its investigation of the three-person Public Guardian's Office several months ago. Last month, the department's director, Dennis Blessing, resigned and the other two employees -- the chief public guardian, Colleen Nielsen, and the deputy public guardian, Heather Young -- were placed on administrative leave.

Nielsen has since returned to her job. Young, however, remains the focus of a criminal investigation, according to court records.

The Public Guardian's Office acts as a conservator for about 160 people in Madera County who are disabled or unable to care for themselves and don't have anyone else who can oversee their day-to-day activities and finances. The office also sells off the property of those clients -- called "conservatees" -- who die or must pay off debt. About a dozen such estate sales occur every year in Madera County, Blessing said.

Two search warrants issued by a judge last month gave investigators permission to search the Public Guardian's Office, Young's house and a county-owned vehicle she used. One warrant said that investigators should look for evidence "relating to sales and purchases of personal property from conservatees' estates, which Young had been entrusted with."

It went on to say authorities should look for records "which would tend to show any evidence ... that Heather Young or other members of the Public Guardian's Office were engaged in embezzling property entrusted to that office."

State law does not allow public guardian officials -- or their relatives -- to buy property from a client's estate unless it is at a public sale. Public guardians play a role in setting the value of client property and could sell it to themselves or a relative at a discounted price, thereby shortchanging the estate, said Dr. David Hadden, the Fresno County public guardian and coroner.

"There's just all kinds of ways to game the system," much like insider trading in the business world, he said.

Full Article and Source:
Probe Looks at Madera Co. Office

Annual National Adult Protective Services Conference This Week

Issues affecting the nation's senior population will be discussed next week at the 20th Annual National Adult Protective Services Conference held at the El Tropicano Riverwalk Hotel.

The conference, set for Tuesday through Friday, is co-sponsored by Texas Adult Protective Services.

Workshop speakers will discuss a range of topics including abuse and neglect, financial exploitation, elder substance abuse and animal hoarding. Karen Greenlee, the U.S. Department of Health and Human Services' assistant secretary for aging, is the scheduled speaker on Thursday.

Presentations are scheduled from medical experts, attorneys, academics, law enforcement, financial institutions, and APS professionals.

Workshops include how to teach seniors and caregivers about recognizing red flags of scams and how to reduce stress and burnout.

Full Article and Source:
Seniors Focus of National Conference Here

Guilty Plea

A nursing assistant from Pittsfield has pleaded guilty to felony theft for stealing more than $4,000 from an elderly resident of an assisted living facility in Franklin, the attorney general's office said yesterday.

Cynthia Glover, 50, was sentenced to 30 days in jail for stealing checks from a 90-year-old resident's room at the Peabody Home. According to the attorney general's office, Glover forged the resident's signature on several checks late last year.

The victim's bank discovered the checks and notified law enforcement. Charges were filed earlier this year. The case was handled by the Medicaid Fraud and Patient Abuse Unit, which investigates healthcare provider fraud and the possible financial exploitation and physical abuse of long-term care residents.

Glover was ordered to pay $4,250 in restitution. Eleven months of her sentence were suspended.

Full Article and Source:
Aide Charged in Theft from 90-Year-Old

SC Reaches Settlement With Eli Lilly Over Zyprexa

Attorney General Henry McMaster said Friday that South Carolina reached a $45 million settlement with pharmaceutical giant Eli Lilly over the company's marketing of the anti-psychotic drug Zyprexa.

Eli Lilly confirmed it is the largest monetary settlement any state has won from the company. McMaster also said it was the second-largest state settlement in South Carolina history, behind the multibillion dollar settlement the state received from the 1998 tobacco agreement.

"This is a victory for South Carolina's taxpayers who were forced to bear the financial costs of Eli Lilly's unlawful conduct," McMaster said in a statement. "Our case was sound. The evidence we presented was overwhelming. And I am pleased to say justice has been served."

As part of the settlement, Eli Lilly didn't admit to any wrongdoing.

Spokeswoman Marni Lemons said Eli Lilly felt it was in the best interests of the company, patients and physicians "who rely on Zyprexa as a lifesaving medication to put this issue behind us."

Full Article and Source:
S.C. Reaches Settlement With Company Eli Lilly

Investigation at MI Adult Foster Care Home

A Genesee County adult foster care home is being investigated by the state after numerous reports of abuse.

Department of Human Services officials said Carol's AFC at 1325 Beard St. is being examined by the state for mistreatment of residents, along with nine rule violations.

The violations range from confining patients to the attic and basement to taking away patient privileges for poor behavior.

Investigators also said they found bruises on some of the residents that lived inside the home.

The Department of Human Services is now determining if the operator, Victoria Chapman, should have her licenses revoked.

Chapman has denied the allegations.

Full Article and Source:
Abuse Allegations Surface at Adult Foster Home

"If It's Not Your Money, It's a Crime"

Adult Protective Services is teaming up with banks across the area to help protect our senior citizens.

The program is called "If It's Not Your Money, It's a Crime" which originated to educate the public about financial exploitation of the elderly and those with disabilities.

Full Article, Video, and Source:
Senior Citizens Have a New Program in Their Corner

Former Financial Advisor Pleads Guilty

The owner of a San Antonio investment firm once known for his extravagant lifestyle stood before a judge in shackles and a jail outfit Thursday, pleading guilty to fleecing customers out of more than $1.9 million. Jeremy McGilvrey, 32, served as CEO of Hill Country Wealth until the company went out of business in June.

Up to that point, he spent thousands at Las Vegas clubs and casinos, on expensive meals and on a fleet of cars ranging from a Porsche to a Bentley convertible, according to court documents.

The lifestyle was funded in part, investigators say, by taking advantage of at least seven clients — most of them elderly.

The besieged businessman now faces up to 30 years in prison on two first-degree felony charges involving misapplication of property.

He's expected to ask state District Judge Maria Teresa Herr for deferred adjudication probation during a sentencing hearing next month.

“All he's going to ask the judge for is a chance to pay it back,” said his attorney, Scott Hill. “He wants to make everybody whole. If he goes to jail, they're not going to get any money back.”

Full Article and Source:
Former High Roller Enters Plea of Guilty

See Also:
Fleeced Funds Reportedly Paid to Casino

Charged with Felony Exploitation

Ocean Springs police are continuing an investigation into the case of a vulnerable elderly resident being exploited for money last month.

Over the weekend, with the help of U.S. marshals, police arrested 47-year-old Dwight Cannon, of Greenville, and charged him with exploitation of a vulnerable adult.

Detectives issued a felony warrant for Cannon on Sept. 9, when a relative told police Cannon took $6,000 to $10,000 from a vulnerable adult in Ocean Springs. Cannon fled Jackson County before the warrant could be served.

Full Article and Source:
Man Accused of Exploiting Elderly Person for Money

Caregivers Want "Silver Alert"

Ask Elaine McDuffie what it felt like when her elderly mother went missing and she'll describe the same fear parents get when they've lost a small child.

"Your heart is beating hard. You feel it almost coming out of your chest. You're in a complete state of panic. ... All the bad things pop into your head," said McDuffie of Sleepy Hollow.

McDuffie cares for her mother, Iley Henry, 79, who has Alzheimer's disease. In the past three years, Henry wandered into the streets twice, once ending up in the White Plains Hospital emergency room after a woman walking a dog found her facedown on a grassy lawn.

Henry is safe and at home with her family now, but other incidents of people with dementia have ended in severe injury - frostbite, dehydration, stroke - or death.

Some of the cases have made headlines recently, including a 73-year-old Yonkers man who went missing for days and was found this week in midtown Manhattan.

With a significant rise in Alzheimer's diagnoses projected, local advocates are looking for tools to help find missing seniors before it's too late, including a system identical to one that helps find missing children.

Silver Alert, a copy of the Amber Alert system for missing children, would help police departments communicate with each other and residents in the community when a senior wanders.

The Rockland County Legislature on Tuesday unanimously approved a countywide Silver Alert program. Legislator Bob Jackson, D-Nanuet, proposed the bill after reviewing programs in Nassau and Suffolk counties.

Full Article and Source:
Caregivers Want Alert System for Eldely

Federal Charges Dropped

Prosecutors have dropped federal charges against a New Jersey flight attendant accused of bilking an elderly Midland woman out of more than $55,000 has been dismissed.

United States District Court Magistrate Charles E. Binder signed an order to dismiss the charges against Elan Saraf without prejudice, meaning U.S. attorneys can re-open the file.

The dismissal order said the government needs more time to gather evidence and decide whether prosecution is in the public’s best interest.

“The government’s ability to prosecute this case properly would be substantially impaired were it required to proceed to indictment or information within the 30-day period prescribed by the Speedy Trial Act,” said U.S. Attorney Terrence G. Berg.

Saraf, of Newark, was charged with one count of mail fraud.

U.S. Postal Service inspectors alleged the woman was tricked into believing she won a $1 million sweepstakes.

Full Article and Source:
Charges Dropped in Case Against Newark Man Accused of Swindling Midland Woman With Phony Sweepstakes

Safe Haven for the Abused Elderly

A nonprofit care group Tuesday opened the state’s first safe haven for elderly residents abused by family members, spouses and others.

The program — offered by Saint Elizabeth Community — is timely, say experts.

Last year, the Rhode Island Coalition Against Domestic Violence helped 315 abused seniors.

“That’s just the tip of the iceberg,” said Deborah DeBare, executive director of the coalition. Many victims of elderly abuse go to the hospital for an injury, then return home without calling for help.

Saint Elizabeth Community will house 20 people a year in rooms and apartments in its nursing homes and assisted-living complexes in East Greenwich, Bristol and Providence, said president and chief executive officer Steven J. Horowitz.

“Sadly ... elder abuse is on the rise in the United States and here in Rhode Island,” he said.

Full Article and Source:
R.I.'s First Safe Haven For Elderly Opens in East Grenwich

Former Lawyer Sentenced to Two Years and Restitution

Visiting Judge Scott Epstein on Friday sentenced former attorney Alex Frank Gallegos, 57, to two years in prison for felony theft related to a trust account for which he had responsibility .

The judge ordered Gallegos, a former South Fork resident, to pay $506,593 restitution to the William H. Sherman Revocable Trust.

Sherman died in an automobile accident on Jan. 20, 2008. The sole beneficiary of the trust, which had an approximate cumulative value of more than $1 million at the time of his death, was the Rio Grande Hospital.

At the time investigations began the hospital had received 0 while Gallegos had begun drawing funds from the various trust accounts shortly after Sherman’s death. Gallegos was the personal representative and trustee of the estate until the court replaced him in January.

Full Article and Source:
Local Attorney Sentenced to Two Years

Guilty Plea

An Arma woman pleaded guilty this week to charges of financially exploiting an elderly woman in her care.

Attorney General Steve Six announced Wednesday that Ernestine Anselmi, 73, pleaded guilty on Tuesday to one count of mistreatment of a dependent adult, a level six person felony. Anselmi, and her late husband Ernest Anselmi, were charged in September 2008 with making unauthorized payments to herself from the checking account of 97-year-old Lena Zanichelli totaling nearly $1 million. Anselmi intentionally used undue influence, coercion, deception or false representation to take unfair advantage of Zanichelli, according to Six’s office. Ernest Anselmi died earlier this year.

Sentencing is set for February 2010. The possible sentence for a level 6 person felony is between 17 and 46 month depending on the defendant's criminal history. In this case, it is likely presumptive probation because Anselmi has “little to no” criminal history, according to Six’s office.

Full Article and Source:
Anselmi Pleads Guilty to Exploitation (With Plea Documents)

Update: Seidlin v Kasler

An 83-year-old neighbor of former Broward Circuit Judge Larry Seidlin contends he and his family exploited her frail state and swindled the millionaire out of several hundred thousand dollars in real estate, furniture, electronics and school tuition.

In an unusual legal twist, Barbara Kasler now is trying to prevent Seidlin from complaining she was abused or exploited by others to law enforcement or the state Department of Children and Families, which already has cleared him of an elder exploitation allegation.

Broward Circuit Judge Thomas Lynch convened an emergency hearing last week on Kasler's motion to enjoin Seidlin, his wife, his in-laws and their attorneys from lodging abuse complaints involving her after DCF and Fort Lauderdale police twice responded to tips that she was receiving inadequate medical and nutritional care.

In court documents, Kasler's attorney, Bill Scherer, claims the only harm his client is facing is from frivolous abuse reports and the subsequent investigations.

"Further intrusion and questioning of Ms. Kasler by DCF and law enforcement would be traumatic to her health and physical well-being" and could "lead to a panic and stress-induced death," Scherer of Conrad & Scherer in Fort Lauderdale wrote in an Oct. 11 motion, citing concerns raised by the woman's psychiatrist.

Kasler suffers from chronic obstructive pulmonary disease and end-stage Parkinson's disease, which can be accompanied by dementia. Her ex-husband and children are dead. Two distant relatives are now her caretakers.

Kasler's one-time attorney, Robert Bissonnette, filed an emergency guardianship petition in July in probate court, claiming he was wrongfully discharged and Kasler was being unduly influenced by her caretakers.

In another court, Kasler's civil exploitation case filed in June against Seidlin, his wife Belinda and his in-laws alleges the former probate judge preyed on her vulnerability. Kasler and Seidlin live in Marine Tower on Las Olas Boulevard. The lawsuit contends Seidlin began introducing himself as Kasler's son and wearing diamond and gold jewelry that belonged to her dead sons within six months of befriending her.

Full Article and Source:
Judge From Anna Nicole Smith Case Caught Up in Elder Abuse Claims

See Also:
Rank Greed
Elderly Sues Judge Seidlin

60 Days in Jail, 10 Years Probation, and Restitution

The former county clerk in one eastern Kentucky county is indicted on several charges, including abuse of public trust.

The Herald Leader reports a judge handed down the ruling against Wayne County Clerk Melissa Turpin Tuesday.

Turpin pleaded guilty to four counts, two on abuse of a public trust and two of theft by unlawful taking.

She will report to jail on Thursday to serve a 60 days in jail.

The rest of a 10 year sentence will be probated.

Turpin will also have to pay nearly 140-thousand dollars in restitution.

Source:
Former County Clerk is Indicted

Editorial: Judging the Judges

While the focus of the upstate Pennsylvania cash-for-kids scandal rightly has been on two rogue judges, a legislative oversight panel last week began a review that should make other stakeholders in juvenile-justice and political circles squirm.

The former Luzerne County judges, Mark A. Ciavarella Jr. and Michael T. Conahan, initially agreed to plead guilty, but a judge rejected the deal. They are now fighting a 48-count federal indictment for taking $2.6 million in bribes.

In return for those payments from the operators of two private prisons, the judges allegedly engaged in misconduct that hearkens back to grim Dickensian times: They packed off hundreds of kids to jail, often after perfunctory hearings at which teens were advised they didn't need a lawyer.

In the tradition of public corruption going back to Tammany Hall, the former judges could be said to have seen their opportunities, and so they "took 'em."

But what about other key players in the county and statewide who turned a blind eye, ignored red flags, or found themselves powerless to object?

That's the most important line of inquiry for the Interbranch Commission on Juvenile Justice, an 11-member panel formed by state Supreme Court Chief Justice Ronald D. Castille, Gov. Rendell, and state lawmakers.

Federal prosecutors no doubt will want to track the commission's inquiry, as well, for any evidence of other wrongdoing.

Full Editorial and Source:
Editorial: Judging the Judges

Facing 25 Years in Prison

A jury on Friday convicted a former investment broker who recently lived in Aptos and attended Twin Lakes Church of 20 charges in a securities fraud case that involved bilking investors out of tens of thousands of dollars.

Kenneth Doolittle, 49, convinced people he met through church and other community involvement, such as the Rotary Club, to invest in a mobile home refurbishing company that promised a 13 percent return on their money, according to Santa Cruz County assistant district attorney Kelly Walker, who prosecuted Doolittle during the three-week trial.

Most of the victims were elderly, Walker said. She added that prosecutors believe there were as many as 50 victims, but the case detailed only 10.

Doolittle, who now lives in Idaho, bought mobile homes for $5,000 and resold them for $30,000, often to buyers who could not afford the payments. Walker described it as a "flip this house" scheme.

"Sometimes he pays the investors, sometimes he didn't," Walker said.

But most of his investors never got their money. One woman lost $132,000, according to Walker.

Full Article and Source:
Former Aptos Man Convicted of/a Investment Scam, Faces 25 Years in Prison

"Broken Trust"

Saturday, October 24 at 6:30 pm
Monday, October 26 at 5:00 pm

Broken Trust is an MPBN special hosted by Jennifer Rooks, which looks at the prevalence of elder abuse in Maine. What is being done about it? Why is this issue so under reported?

Experts estimate that there are 12,000 victims of elder abuse in Maine each year – but the vast majority of cases are never investigated.

“It's just starting to become apparent to us what is happening,” says former Maine Attorney General Steve Rowe. “We're seeing that this is really an epidemic.”

Broken Trust highlights the compelling stories of Westbrook resident Dot Jarmin, Al Wagner - formerly of Cape Elizabeth and Brunswick - and Portland’s Olivia Spallholz, all victims of elder abuse or financial exploitation. The program explores some of the innovative work being done by police officers in Maine to combat elder abuse.

Full Article and Source:
Elder Abuse in Maine

Sheriff Closes Sale; Property Owner Incarcerated and Incapacitated

Out-of-town developers closed their deal on the former Walker properties on Highland Avenue Sept. 29.

However, no one from the family that owned portions of this property since 1947 and the entire tract since 2001 signed on the dotted lines that finalized this real estate transaction. Instead, Barbour County Sheriff LeRoy Upshaw, who was named the emergency guardian and special conservator for property owner Henry David Walker, Jr. on Sept. 28, closed the sale.

Barbour County Probate Court documents reveal that Walker, 37, was arrested Sept. 25 on failure to appear charges stemming from a speeding ticket and operating a vehicle without insurance citation.

Walker did not appear at the Eufaula emergency guardian and special conservator hearings or at the property closing where he cleared $178,007 from the $239,000 sale. Walker was not only incarcerated but was alleged in a local attorney’s petition for emergency guardian and special conservator to be incapacitated at the time of this transaction and required a guardian to determine the best method for his care and rehabilitation and a special conservator to bring the Eufaula real estate sale to fruition.

Barbour County Probate Judge Nancy Robertson granted Eufaula attorney Courtney Potthoff’s petition for an emergency guardian and special conservator for Walker and named Upshaw to those roles for a period of 15 days.

Full Article and Source:
Sheriff Closes Deerfield Sale: Highland Property Owner Incarcerated and Incapacitated

Proposed Elder Abuse Victims Act

Senator Herb Kohl (D-WI), Chairman of the Senate Special Committee on Aging, Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, Senator Barbara Mikulski (D-MD), Chairwoman of the Senate HELP Subcommittee on Retirement and Aging, and Senator George LeMieux (R-FL) introduced the Elder Abuse Victims Act, a bill that would improve the law enforcement community’s ability to target and combat abuse and exploitation of senior citizens. A companion to the Elder Abuse Victims Act (H.R. 448), introduced by Congressman Joe Sestak (D-PA), was passed earlier this year by a vote of 397 to 25 in the U.S. House of Representatives.

“For years, Congress has failed to take concrete action to address the consequences of elder abuse, and that must change,” said Senator Kohl. “With this bill, we hope to help local enforcement agencies and other advocates tackle the often-hidden scourge of elder abuse.”

“The elderly are often among the most vulnerable in our communities,” said Senator Leahy. “We must do all we can to protect our seniors from abuse and exploitation. The Elder Abuse Victims Act takes a positive step in that direction.”

Among key provisions, the Elder Abuse Victims Act:
· Stipulates that elder abuse includes mail, telemarketing, and Internet fraud aimed at elderly people;
· Seeks to develop a common definition of elder abuse as knowing infliction of physical or psychological harm, or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm;
· Seeks to develop a common definition of elder exploitation as fraudulent or otherwise illegal, unauthorized, or improper acts or processes of an individual, including a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, or gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets; and
· Funds creation of positions within State courts, prosecutors’ offices or State Medicaid Fraud Control Units to coordinate elder justice-related cases, training, technical assistance, and policy development for State prosecutors and courts.

Full Press Release and Source:
Kohl, Leahy, Mikulski, Lemieux Introduce Bill to Improve Enforcement of Elder Abuse Laws

Sentencing Delayed

A New Hope man, who pleaded guilty to swindling his 78-year-old mother, temporarily avoided sentencing Tuesday because a judge acknowledged that the man remains the sole caregiver of the mother whose bank account he depleted.

Anna Sitte has Alzheimer's disease, which was diagnosed years ago, but until plans for her immediate future are made, sentencing for her son Steven Carl Sitte, 53, can't be determined, said Hennepin County District Judge Warren Sagstuen.

Jimmy Sitte, who turned in his brother to authorities earlier this year, has asked that their mother be moved back to North Dakota. There, three acres remain of a century-old 188-acre family farm that Jimmy Sitte says his brother liquidated without his mother's knowledge.

"In a case as complex as this, one that involves the health and well-being of one of our senior citizens, I would be remiss" to immediately sentence Steven Sitte, said Sagstuen. He moved to delay sentencing until Nov. 16.

Full Article and Source:
Sentencing Delayed for Swindling New Hope Son

Felony Charge Dismissed

A Cambridge woman is no longer facing a felony charge alleging financial exploitation of her 85-year-old father-in-law following his death the same day she made a first appearance in court.

Kelly Rae Annis, 49, appeared before Judge P. Hunter Anderson Sept. 30 in response to a summons resulting from an investigation that began when Isanti County Family Services received a notice from a care facility that the victim was going to be discharged for lack of payment.

The investigation revealed that Annis, who had admitted him to the facility in 2007, had failed to make application for Medical Assistance for him and that the man’s three sources of retirement income were not being used for his care.

The care facility arranged to have those checks paid to the facility directly but it was found that $20,356 of the victim’s funds had also been deposited in an account at a local bank to which Annis had legal access. That money was now missing.

According to the criminal complaint, Annis told investigators her husband, the victim’s son, was not involved in the thefts and that she had withdrawn the cash from the account herself using an ATM card.

The charge was dismissed by the prosecuting attorney Oct. 9 based on the victim’s death Sept. 30.

Source:
Charge Dismissed in Isanti County With Death of Elderly Victim

Jailed Lawyer Seeks Help

A southwest Missouri lawyer is asking the state Supreme Court to intervene after he was sentenced to 120 days in jail for writing in a court document that a judge and prosecutors were potentially abusing their power.

A Douglas County jury convicted Carl Smith, 62, of Ava, of criminal contempt in August. He was sentenced Sept. 28 to 120 days in jail. He cannot appeal the sentence because the case was prosecuted under common law, as opposed to statutory law.

Smith's attorney has asked the Missouri Supreme Court to intervene, saying that while Smith's arguments may have been better expressed, the punishment is excessive.

"The key thing here is what is the appropriate sanction when an attorney overstates or inartfully drafts an argument," attorney Bruce Galloway said. "My position is that the First Amendment right of free speech would prevent the use of a criminal sanction for an attorney who oversteps in his pleadings."

Full Article and Source:
Jailed Lawyer Seeks Help From Missouri High Court

"An Age for Justice; Elder Abuse in America"

A video documentary on elder abuse featuring stories of victims and survivors from across the country premiered on Capitol Hill today as part of a briefing where expert speakers urged Congressional passage of the Elder Justice Act.

"An Age for Justice; Elder Abuse in America" was developed as part of Elder Justice Now, a campaign that uses the power of video and the Internet to put a human face on the problem and allow elders and others a way to advocate for Congressional action.

Produced by the National Council on Aging and WITNESS, an international human rights organization, the documentary will -- in combination with hundreds of individual video stories filmed by trained elder advocates -- shine the light on what one interviewee called a "dark mark on our humanity."

"The voices and images of so many victims, adult protective services workers, law enforcement, family members and caregivers drive home the need for action," James P. Firman, president and CEO of the National Council on Aging said at the briefing. "Our nation's seniors, especially the vulnerable, the frail and the very old, need federal protection now."

The documentary shows families and individuals whose lives have been turned upside down by elder abuse.

The Senate Finance Committee recently incorporated the Elder Justice Act into its health reform bill, but passage of the Act still remains a question.

The documentary and the video stories can be found on the campaign Web site www.ElderJusticeNow.org.

Full Article and Source:
Elder Abuse Victims, Survivors and Advocates Tell Their Story in Campaign Documentry

Sentenced to Four Years and Restitution

A disbarred Halifax lawyer was sentenced to four years in prison yesterday for stealing over $1.3 million from the trust funds of clients from 2000 to 2005.

Srinivasen Pillay, 51, pleaded guilty last month to 33 counts of theft over $5,000 and one count of theft under $5,000. As part of his sentence yesterday in a Halifax courtroom, Pillay was also handed a restitution order for $1.38 million to the Nova Scotia Barristers’ Society, who disbarred Pillay in 2005 after finding him guilty of professional misconduct.

Full Article and Source:
Disbarred Lawyer Gets Four Years in Prison

Mother & Daughter Arrested

Two Sarasota women have been busted for exploiting the elderly woman they were hired to take care of.

Sarasota County Sheriff's deputies say over a period of 8 months, Christina Coulton and her mother Gwen Davis stole more than $170,000 from their victim, spread out over 39 different checks.

The woman is 77 years old and takes the powerful painkiller Hydrocodone, which impairs her mental abilities.

Full Article and Source:
Mother-Daughter Caretakers Arrested For Stealing From Elderly Woman

Disbarred Lawyer Confesses

An Erie lawyer known for his service to the poor walked into the Erie County Courthouse seven months ago and admitted to prosecutors that he had drained nearly $200,000 from an estate in his care.

It appears that the now-disbarred lawyer, J. Gregory Moore, will be making his final confession on the matter to a federal judge.

Moore, 62, was charged Friday in U.S. District Court in Erie with two felony counts of mail fraud stemming from his handling of five estates in his care.

The U.S. Attorney's Office said Moore spent about $200,000 from estates in his care on his own expenses. It said he also used nearly $65,000 out of two estates to make disbursements from three others.

The charges were filed via a "criminal information," in which the Attorney's Office pursues charges without first presenting the evidence to a grand jury. Moore waived an indictment, which in federal court signals that the case will proceed on a fast track directly to a guilty plea. In return, Moore will receive credit for his cooperation with authorities.

Moore was not taken into custody with the filing of the federal charges. He has been free after posting $1,000, or 10 percent of the full bond of $10,000, related to state charges still pending against him.

Full Article and Source:
Disbarred Erie Lawyer Faces Federal Mail Fraud Charges

No Deal

A judge denied a city woman’s request to lower her $5,000 cash bond Friday in a case alleging she stole money from a woman she worked for as a health aid and conservator.

Audrey Curtis, 45, 256 Riverside Ave., second floor, was arrested Wednesday by Torrington police on a warrant charging her with first-degree larceny.

Ira Mayo, Curtis’ attorney, said his client wants to be released from jail to find a job and make restitution to the victims of her crimes. “She knows these are very serious charges,” Mayo said. “She is working very hard to make this right.”

Senior Assistant State’s Attorney Dawn Gallo said the state had already permitted Curtis some time to make restitution and she failed. “She owes about $81,000,” she said. “She was arrested after a home visit by probation officers and police and found her hiding in a closet to avoid police contact.” Curtis denied hiding from police, claiming she was tending to some kittens that were living in a crawl space in her apartment.

Curtis reportedly admitted to police that while she served as a conservator for a 73-year-old Goshen woman, she liberally used the woman’s bank accounts to pay her own bills and fund a lifestyle that included drugs and gambling.

Curtis is scheduled to return to court on Nov. 6.

Full Article and Source:
No Deal: Judge Denies Bail Reduction for Woman Who Allegedly Stole 73-Year-Old Woman's Savings

See Also:
Health Aide Accused of Theft

Brooke Astor: Park Avenue Poster Child

To senior citizens' advocates, Brooke Astor is a Park Avenue poster child for an insidious kind of financial crime.

They kept close tabs as the late philanthropist's son and a lawyer were tried on charges of exploiting her mental decline to raid her nearly $200 million fortune. An article on the AARP's news Web site called it "the most infamous case of financial elder abuse in recent memory."

Advocates and legal experts saw last week's convictions as a high-wattage signal that such cases, often seen as difficult to prosecute, can succeed — even if few others spur a five-month-long big money trial with boldface names.

"To lose this kind of case would have sent a very discouraging signal" to prosecutors pursuing elder abuse cases, said Thomas L. Hafemeister, a University of Virginia law professor who specializes in financial exploitation of the elderly.

There have been plenty of prominent court fights over claims that elderly millionaires were manipulated into parting with money.

J. Seward Johnson Sr.'s children accused his third wife — and former chambermaid — of browbeating the dying drug company heir into leaving her nearly all his $500 million fortune; the 16-week trial in 1986 ended with a settlement giving the children and an oceanographic institute about $160 million. Former Playboy Playmate Anna Nicole Smith's inheritance tussle with her oil-tycoon husband's son reached all the way to the U.S. Supreme Court but continues years after both she and the son died.

But these and many other fortune feuds played out in civil courts — not in criminal cases carrying the prospect of prison time, which Astor's 85-year-old son now faces.

Full Article and Source:
Advocates: NCY Astor Case a Win on Financial Abuse

Couple Accused of Bilking Elderly Man

An elderly Portland man who relied on his weekly cab rides to get to the doctor, grocery store and do errands soon became a victim of the taxi driver and his wife, police say.

Together, the pair allegedly bilked the man out of more than $300,000.

Jerry Lee Knight, 70, and spouse Cheryl Diane Knight, 60, of North Portland, were arrested this week and face a 44-count felony indictment accusing them of multiple first-degree mistreatment, first-degree aggravated theft and first-degree theft charges.

"They've basically been brainwashing and grooming him over the years," said Detective Jay Pentheny of the Multnomah County Sheriff's Office. "They were surviving off his good fortune, and making more money than most Americans make."

Full Article and Source:
Cops Say Couple Bilked Elderly Man Out of $300,000

Schwarzenegger Vetoes SB 303

Governor Schwarzenegger has vetoed SB 303, a proposed law that would require doctors to inform residents about the dangers of psychotropic medications, and require nursing homes residents to give consent before such drugs can be given.

According to the California Advocates for Nursing Home Reform (CANHR), the use of psychoactive drugs has become an epidemic in California. According to one study, nearly 60% of all California nursing home patients are administered psychoactive narcotics, a huge increase from only a decade earlier.

Governor Schwarzenegger admitted that misuse of antipsychotic drugs is a serious problem in nursing homes when he vetoed the legislation, and even cited a study that found more than half of all residents on psychoactive drugs are in violation of federal guidelines.

“It is shocking that the Governor is protecting doctors and nursing homes that are drugging tens of thousands of elders with dementia into submission,” said Patricia McGinnis, CANHR’s executive director. “Thousands of nursing home residents will continue to die from these deadly drugs.”

Full Article and Source:
Schwarzenegger Vetoes Bill to Reduce Drugging of Nursing Home Residents"

Devoted Husband, Wife in Chains

The rugged land near Bagley, Minn., is still dotted with the woods, lakes and swamps from which Jennings Sunderland's uncle carved a dairy farm 100 years ago -- treacherous territory for an Alzheimer's patient.

Sunderland's wife, Clarice, a retired nurse with the disease, began wandering this summer, so Sunderland would settle her in a chair in the barn while he and his son, Kurt, milked the cows, or take her along in their pickup to the fields.

At home in the late afternoon, he had the chain.

Tired from the chores he began before dawn, Sunderland, 78, would settle in his recliner beside his wife of 50 years, watch TV, and sometimes fall asleep. To keep Clarice close, he looped a length of chain around her and her chair, the other end in his hand. "If she started to get up or lift off that chain, well, it rattled and woke me up,'' Sunderland said. "It was a pretty good idea, I thought.''

The county attorney disagreed. What followed was a two-month drama in which Sunderland was jailed and his fragile wife removed from their home.

The battle only ended late last week when the county attorney dropped the charges and avoided a court showdown Monday over whether Sunderland's method for coping with his 76-year-old wife's illness was cruelty or kindness.

Now the family is concentrating on how to get Clarice home again.

Full Article and Source:
A Devoted Husband, and a Wife in Chains

Seeking Answers in Luzerne County

What did they know and when did they know it?

It’s the question at the heart of the investigation into failings within the Luzerne County juvenile justice system – a question John M. Cleland, the chairman of the state commission created to probe those failings, says will be asked of lots of people, including several in positions of high power, over the next few months.

It started Wednesday with Luzerne County President Judge Chester Muroski, state Sen. Lisa Baker, R-Lehman Township and state Rep. Todd Eachus, D-Butler Township, who testified at the first of several hearings that will be held by the Interbranch Commission on Juvenile Justice.

All three were peppered with questions regarding whether they were ever advised by an attorney, court official or juvenile about concerns relating to former judge Mark Ciavarella’s handling of juvenile court.

Similar questions are expected to be asked of several other top Luzerne County officials in November, when the commission will hold a two-day hearing in the Wilkes-Barre area.

“Our concern is not only the action of two Luzerne County judges. Our concern is also the inaction of others. Inaction of judges, prosecutors, public defenders, the defense bar, public officials and private citizens – those who knew but failed to speak; those who saw but failed to act,” Cleland said in his opening statement. “All of those involved – whether by action, inaction or silence – whether by willful choice or benign ignorance – engaged in an assault on the fairness and impartiality of our legal system.”

The 11-member Interbranch Commission was formed in August to analyze what went wrong in Luzerne County’s juvenile system and provide recommendations to ensure those problems are not repeated elsewhere.

Full Article and Source:
Seeking Answers and the Truth

Son Accused of Bilking Mother

Authorities said a family member has been bilked by her son.

Clarence Annett, 56, is charged with stealing tens of thousands of dollars from his elderly, disabled mother, while he was her guardian.

"This is not a unique situation," said Johnson County District Attorney Steve Howe. "We're seeing more and more of these cases where dependents are being taken advantage of not only by strangers, but their own family members."

Annett was arraigned in Johnson County court on charges of making a false writing, felony mistreatment of an adult, and theft of between $25,000 and $100,000. Officials said he stole from his mother who he was living with.

"It's not just young children or senior citizens, but dependent adults who may not be able to protect themselves," Howe said. "That's the job of the prosecutor's office to protect those who can't protect themselves."

Full Article and Source:
Man Accused of Stealing From Elderly Mother

Ordinary Injustice: How America Holds Court

Everybody knows the criminal justice system is far from perfect. But journalist and lawyer Amy Bach sees it from a different perspective — injustice that is a product not of incompetence, but of the natural human instinct to go along to get along.

Bach, 41, is a New York City native who has lived in Rochester for four years. She worked five years as a journalist, writing for publications such as The Nation and New York magazine. She is a graduate of Stanford Law School, and thanks to a Soros Foundation grant, was able to travel the country for a year observing courtrooms and discovering what she calls a "pattern of lapses" that legal professionals often do not feel responsible for. Hence the title of her just-released book, Ordinary Injustice: How America Holds Court (Metropolitan Books, Henry Holt and Company).
Bach's reporting challenges the reality of the justice system Americans believe in: a speedy trial, a competent defense, prosecutors in search of the truth (not just a win), victims treated fairly.

Bach is quick to say that this is not a book about villains, about lawyers and judges who willfully subvert the pursuit of justice. It is about the natural human inclination to avoid conflict.

Full Article and Source:
Lawyer's Book Tells of Lapses in Legal System

Daughter Charged with Embezzlement

A daughter is accused of embezzling more $100,000 from her elderly parents.

Eloise Russo, 53, was appointed the guardian to her parents, Thomas Sherwin, 90 and his 83-year-old wife, Ada, in April 2007. But in July 2008 she was removed as the guardian over allegations of fraud.

Sherwin died on Monday. Her mother is currently living in a nursing home.

Russo's siblings declined to comment.

She has been arraigned in Hudsonville District Court on the felony charge and faces up to 10 years if convicted.

Her attorney told 24 Hour News 8 she intended to return the money and that she was the only one of five children to take care of her aging parents.

"She never intended to steal as alleged," said attorney Kelly G. Lambert, "and in fact she's even paid substantial sum of that money. I see the allegations against her well in excesss of over a $100,000. That's nowhere near true. Ms. Russo has paid over $60,000 of the funds back and she did it earlier this year."

Full Article and Source:
Parents Embezzled,Daughter Charged

Health Aide Accused of Theft

A Torring­ton woman hired as a home health aide for a Goshen senior with Alzheimer’s told police she spent thousands of her client’s dollars on tattoos, drugs and gambling.

Police arrested Audrey Cur­tis, 39, at her 256 Riverside Ave. home Wednesday and held her on $5,000 bond on a charge of first-degree larceny, the latest in a string of charges filed by lo­cal police in recent years.

Curtis was previously charged in March with stealing more than $35,000 from the es­tate of a man with whom she had a relationship. Drug charges are also pending, along with charges of first-degree burglary, violation of a protec­tive order, criminal mischief and forgery, all charges leveled by Torrington police in the last year.

To date, Curtis has pleaded not guilty to all charges. She was held overnight, unable to post the $5,000 bond.

Full Article and Source:
Health Aide Accused of Theft

Judge Grants Visitation to Daughter

A circuit judge has granted temporary visitation rights to a daughter fighting a Bradenton public guardian for the right to care for her father.

Circuit Judge Paul E. Logan ruled Thursday that Beverly R. Newman may visit her father, 89-year-old Al Katz, for three hours per day, beginning today, at Casa Mora Rehabilitation Center.

“That’s what we asked for. Thank God,” Newman said. “I think in three hours my father can understand I haven’t ditched him. We can be able to stabilize Dad.”

Newman and her husband, Lawrence T. Newman, both of Indianapolis, are contesting the emergency guardianship of Katz granted to Aging Safely Inc., on Sept. 18. Beverly Newman hasn’t seen her father since Sept. 24, the day he was placed in the psychiatric ward at Manatee Memorial Hospital.

During a two-day hearing, Aging Safely said Newman should not be allowed visitation based on the wishes of Katz’s health care surrogate, Jackie Steuerwald, of Indiana, and because she might try to interfere with his care. Newman also has pending litigation against her father in a separate case.

Logan’s order said “during the visits Dr. Newman shall not interfere with her father’s care and she shall not discuss any pending litigation, including this guardianship proceeding, with her father.”

Aging Safely attorney Erika Dine did not return a message left for her Thursday.

Meanwhile, Katz’s girlfriend, Beverly Ervin, spoke for the first time about Newman’s battle for guardianship. She said Aging Safely is the right agency to take care of Katz. He does not want to see his daughter, she said.

“I went to visit with him yesterday and the day before,” Ervin said. “I think he’s in a wonderful place. I hope he stays right where he is.”

A hearing to determine permanent guardianship for Katz will be Oct. 26 in Logan’s court.

Full Article and Source:
Judge: Woman Can Visit Her Father Before Hearing

See Also:
Ward Isolated From Daughter

Indiana Family Challenging Father's Guardianship

County Board Member Guilty of Exploitation

Adams County Board member John Hibbert was found guilty Wednesday after a two-day trial of taking about $210,000 last November from longtime friend and neighbor Eleanor Lutes, 93.

The jury deliberated for an hour and 20 minutes before finding Hibbert guilty of financial exploitation of an elderly person and theft over $10,000. He will be sentenced Dec. 7 by Judge Michael Roseberry, with probation a strong possibility.

“I would be surprised if he didn’t get it (probation),” said Hibbert’s attorney, Drew Schnack.

“This is not a crime that cries out for a long prison sentence,” special prosecutor Ed Parkinson said.

Full Article and Source:
Adams County Board Member John Hibbert Found Guilty of Financially Exploiting Elderly Neighbor

See Also:
93-Year-Old Woman Testifies in Her Behalf

GA Judge Pleads Guilty to Federal Corruption

A former Georgia Superior Court judge has pleaded guilty to a federal corruption charge, in a deal with proseutors that keeps him out of prison.

The plea by Brooks E. Blitch III ends a lengthy investigation by state and federal authorities who toppled him as one of rural Clinch County's most powerful politicians. The plea Friday morning came before U.S. District Court Judge Hugh Lawson.

Blitch pleaded guilty to a single count of honest service fraud conspiracy for granting favors to defendants outside of court. He admitted to reducing sentences and bonds and terminating probations without hearings or notifying prosecutors.

The 74-year-old Blitch resigned last year to settle misconduct charges by a state agency that investigates judges.

Federal prosecutors indicted him on criminal corruption charges two months later.

Full Article, Press Release from the Georgia AG, and Source:
Former Clinch Judge Pleads Guilty

CA: Assembly Bill 215

The Governor has signed Assembly Bill 215, legislation that will help families seeking a nursing home for a loved one by requiring skilled nursing facilities prominently to post quality of care ratings. The bill, jointly authored by Assembly members Mike Feuer (D-Los Angeles) and Cameron Smyth (R-Santa Clarita) enjoyed strong bipartisan support throughout the legislative process.

“Families trying to choose a nursing home for their loved ones need more information so they can compare quality of care information and make the right decision,” said Feuer. “Soon nursing homes will post their federal ratings, and families confronting this very difficult choice will be better informed. Most important, their loved ones will be better protected.”

Full Article and Source:
Governor Signs Bipartisan Bill Ensuring Patient and Family Access to Nursing Home Information

Lawyer Indicted

An embattled San Antonio lawyer was indicted Wednesday on charges she looted a substantial inheritance intended for her grandmother.

Michelle Lorenz Valicek, 51, faces up to life in prison if convicted of felony misapplication of fiduciary property.

Valicek's grandmother, a 95-year-old retired ballet instructor diagnosed with dementia, was determined by a probate court in 2006 to be the sole heir to her reclusive nephew's fortune. Robert Bonner had amassed an estimated at $2.38 million by the time he died in 2005.

Valicek became administrator of Margaret Lorenz's inheritance in 2006, but she was removed from the position 2 ½ years later. A probate court report indicated that, at one point, she was spending $25,000 a month of her grandmother's money on items ranging from a baby grand piano to two homes.

The total loss from the inheritance is believed to be in excess of $500,000, said Adriana Biggs, chief of the district attorney's white collar crimes division.

Source:
Lawyer Indicted for Spending Grandmother's Money

See Also:
Lawyer Ordered to Vacate

Lawyer Accused of Elder Abuse

Conahan Tied for Decades

As varied as the property deals were that Michael T. Conahan handled as an attorney, a familiar name often appeared with his on the paperwork.

Conahan represented members of the Scalleat family in their sale and purchase of real estate and mortgaging of the properties over the past 26 years.

With his wife, Barbara and sister, Elizabeth, Conahan purchased the Fort Lauderdale condominium from Albert and Rose Scalleat for $10 in 1989, according to Broward County property records. The Conahans would later obtain a $100,000 mortgage for the property in the Sea Ranch Club condominium and satisfy the loan as paid in full in 1997.

At the time of the purchase Conahan was a district justice in Hazleton and Albert Scalleat had been linked to organized crime by the Pennsylvania Crime Commission.

It would not be the first time Conahan’s name would come up for being associated with organized crime figures. Testimony at a recent appeal of a defamation case in Luzerne County court put Conahan and reputed mob boss and Bufalino associate William D’Elia together.

Robert Kulick testified he and D’Elia met regularly with Conahan for breakfast and discussed cases pending in the court. A county security guard said she delivered envelopes to Conahan from D’Elia, who parked in the rear of the courthouse.

Full Article and Source:
Conahan, Scalleats Tied for Decades

See Also:
Conahan Linked Again

Group of 20 Argues Against Immunity for Ciavarella, Conahan

NASGA Member Attends Hearings

When Solo Lawyers Get Sick

Herb Dubin never thought he’d get sick.

The Rockville solo practitioner had always been in great health and had a strict no-doctors policy. But when he’d had the same painful cough for three months in March 2008, his wife diagnosed a cracked rib and made him go to the hospital for an X-ray.

Her insistence saved his life. He had double pneumonia and a nasty bacterial infection, which landed him in the hospital for 12 days and kept him out of the office for more than a month after that.

Dubin had no plan for what would happen to his practice if he were incapacitated.

“Does the shoemaker ever take care of his own shoes?” said Dubin, whose practice includes personal injury, legal malpractice and attorney discipline defense, criminal defense and commercial litigation.The other solos with whom he shares an office swooped in and kept things running until he got back, but he can’t imagine what would have happened had they not been there.

“The bottom line was, I just happened to be sharing space with a good bunch of guys,” he said. “Suppose I was practicing the way a lot of new, young lawyers are: from my house, by myself.”

Experts say too few solo and small-firm lawyers have made plans for what will happen to their practice if they suddenly get sick. Not planning can leave attorneys open to malpractice claims or the loss of money and clients.

“We’re trying to get attorneys to think about this more often so that they plan for retirement and plan for absences due to illness or the like, because these things happen,” said Maryland Bar Counsel Melvin Hirshman, whose office sometimes has to pick up the pieces of a practice when a lawyer fails to plan.

Full Article and Source:
When Solo Lawyers Get Sick