Judge Kathryn George Under Investigation

The state Judicial Tenure Commission is investigating a Macomb County Probate judge who allegedly mishandled cases and was excessively absent from the bench.

The focus of the probe is Judge Kathryn George, who was removed as the probate court's chief judge in January 2008 after it was revealed she was circumventing the court's list of conservators and appointing an inordinate number of cases to one agency, Shelby Township-based ADDMS Guardianship Services.

The Detroit News in 2007 reported that George was sending most of her conservatorship cases to ADDMS, in violation of court rules requiring judges to use a rotation of several conservatorship agencies.

Now, Judicial Tenure Commission investigators are poring over court records, looking at cases handled by George, along with her attendance record, said Macomb Chief Probate Judge Kenneth Sanborn.

The probe marks at least the second time state court officials have investigated George, 58, a former registered nurse and Sterling Heights city councilwoman who has served on the bench since 2002.

In February 2008, the State Court Administrator's Office commissioned Auburn Hills-based auditor The Whall Group to look into George's handling of cases, along with allegations of excessive absences.

The audit found "flagrant violations" by ADDMS. The audit highlighted several cases in which the agency mishandled the estates of people it was charged to care for, including selling the assets of an 82-year-old man who was recovering from pneumonia in a nursing home.

The Whall Group found that ADDMS sold the entire contents of his home, "including furnishings, appliances, clothing and two vintage automobiles."

In January 2008, after the Whall Group report was published, Carl Gromek, chief of staff of the State Court Administrator's Office, removed George as the court's chief judge, and ADDMS was barred from handling cases.

Seven months later, Sanborn signed an administrative order removing George from all cases involving wills and estates.

Full Article and Source:
Malcomb Judge Again Under Investigation

See Also:
Attorney Contests Removal

See Also:
My Mother

Rita Hunter Named in Suit

Rita Hunter, former Jasper County public administrator, has been named in a wrongful death lawsuit filed in connection with the fatal fire in November 2006 at the Anderson Guest House group home.

The fire, which killed 10 group home residents and one worker, has spawned a series of lawsuits, plus federal criminal charges against owners of the group home alleging Medicaid fraud.

This suit filed Wednesday in McDonald County Circuit Court is the first to name Hunter in connection with the group home blaze. Mary Frances Joyce, the mother of Isaiah Lee Joyce, contends that her son’s death was the result of Hunter’s “careless and negligent” actions because she failed to place Joyce “in a facility that was maintained in a manner that allowed for its safe use by residents.” Hunter is named in the suit individually and in her capacity as public administrator.

Isaiah Joyce, 25, was a ward of the public administrator’s office and had been placed in the group home for the mentally disabled.

Other defendants
The suit also names Joplin River of Life Ministries, owners Robert and LaVerne DuPont, Shirley Brannon, group home administrator, and officers of the Missouri Department of Health and Social Services.

“We named her (Hunter) because she was the guardian and conservator of Isaiah, and was responsible for making decisions on his behalf. We believe she knew what was going on there and failed to have his interest in mind and failed to take him out of the facility,” said Eryn Peddicord, the Lee’s Summit, Mo., attorney who filed the suit.

Full Article and Source:
Mother of Victim of Group Home Fire Sues Former Administrator, Others w/ Wrongful Death Lawsuit

See Also:
Federal Probe of Rita Hunter Tenure

Fraud Charges Reduced

On the day of her arrest, Sari Hope Axelrod was accused of participating in an elaborate scheme to defraud a legally blind, World War II Army veteran out of nearly $100,000.

On Monday, 13 months later, all but one of the felony charges Axelrod faced had been dropped. She pleaded guilty to grand theft and was sentenced to two years of probation.

Assistant State Attorney Mark Simpson has an explanation for why charges that initially seemed so egregious had mellowed over time.

"Figures of theft are difficult to prove," he said Monday, adding the total figure actually believed to have been stolen was nowhere near $100,000.

"Once the rumor got started, it takes on a life of its own," he explained of law enforcement's initial belief.

Axelrod met Philip Johnson, a retired school teacher, in late 2007 when she responded to his ad seeking a caregiver. She is now 54, and he is 93.

Within months, Axelrod introduced Johnson to two of her friends: James Lee Gavin, now 40, and Elizabeth Huggins, now 35. This pair drove Axelrod and Johnson to Georgia, where the caregiver and client were wed.

Soon afterwards, investigators were claiming that nearly $100,000 had been siphoned from Johnson's bank account through fraudulent means. They believed Johnson was involuntarily signing checks over to the others. They also alleged that Johnson's caregiver-turned-wife was withholding his medication and verbally abusing him.

In October 2008, Axelrod - then known as Sari Hope Johnson - was arrested on charges of exploitation of the elderly and disabled, organized fraud and grand theft. She initially was denied bail and spent five and a half months in jail awaiting resolution of her case. Her marriage was annulled.

Gavin and Huggins were charged with similar counts.

By Monday, all of Axelrod's counts had been dropped except for a third-degree grand theft charge, to which she pleaded guilty.

Her negotiated plea bargain with the state called for five years of probation, but the judge reduced it by half when Axelrod paid her share of restitution. He also withheld adjudication of guilt, which means this does not constitute a conviction on her record.

In the end, Axelrod was only required to pay back $5,200. Bank records show she earned about $17,000 between January and May 2008, when she served as Johnson's caregiver.

Full Article and Source:
Fraud Charges Reduced for Caregiver

Honest Deal Or......?

Carel Callahan Bainum pictured with Vartan Baligiham

Calling the case “a troubling scenario of money, deceit and financial abuse of an elderly person,” the state Supreme Court has refused to disturb a lower court decision that blocks a Warwick woman from doing much of anything with her assets until a civil fraud trial is held.

The restraining order was issued by Superior Court Judge Jeffrey A. Lanphear in May 2008, two months before Vartan Baligian died at age 98. It prohibits his “friend” Carel Callahan Bainum from transferring, selling, concealing, disposing of or encumbering any real estate, cash, bank accounts, mortgage proceeds, bonds, personal property or other items of value — other than to pay her “normal and usual personal living expenses” — until the lawsuit against her is resolved.

At issue is repayment of the remainder of a $120,000 loan Baligian made to Bainum in 2002.

Baligian’s daughter, Sona Stevens, of West Warwick, claims her father was a victim of elder financial exploitation.

Bainum, 61, denies those allegations. In a court filing, she asserts that it was Baligian’s idea to loan her money so he could make higher interest and “sustain his home and pay his monthly expenses.”

Full Article and Source:
Honest Deal or an Elderly Man Exploited?

Charged with Elder Abuse of His Mother

David Ribarchik, 47, of Flint Township, has been charged with one count of first degree vulnerable adult abuse. It's a felony punishable by up to 15 years in prison.

His mother is the purported victim.

Genesee County Sheriff Robert Pickell says paramedics got a call Monday afternoon about a 75-year-old woman who had fallen from a chair. Pickell says his investigators later determined she had actually been lying on the floor since about 4:00 Saturday morning.

Before she fell out of the chair, Pickell says she virtually lived in it.

"We learned from the investigation the victim had been sleeping in the chair by the door for at least two months. That's the chair she fell out of. Because the house was so cluttered she couldn't walk," Pickell said.

She is now in the hospital. Sores on her body being treated. Pickell describes her physical condition as "not good."

Pickell says he had been under her son's care for at least one year.

The judge today ordered he have no contact with his mother and Pickell says an emergency guardian and conservator was appointed to manage her care and finances.

Full Article, Video, and Source:
Flint Township Man Charged With Elder Abuse

Arrested for Exploitation of an Elderly Person

According to an arrest report dated Nov. 23, Glynda Anne Jones, 45, was served a warrant for exploitation of an elderly person or disabled adult less than $20,000.

The victim, reported as being in her 80s and who lived alone, and Jones were friends for several years. The victim is also suffering from some dementia. Jones was granted comprehensive power of attorney in December of 2006, and assisted the victim in her daily activities, the report said.

An investigation started when a bill was reported to be several months in arrears and it was discovered that Jones "had used over $1,000 for her own purposes not related to Paul's care."

The report states that the victim's bank records show that Jones also allegedly paid herself $62,700 in multiple cash transactions from three of the victim's accounts over the last year.

Additionally, the investigation revealed that $60,077 was paid out on behalf of Jones to her own or other's benefits starting in March of 2007.

Full Article and Source:
Sebring Woman Charged With Exploitation of the Elderly

Assisted-Living & Alzheimer's Facility Facing Criminal Neglect

Employees at a Las Vegas assisted-living and Alzheimer’s facility may face criminal neglect charges in connection with an ongoing investigation into the horrific care of elderly residents — some of whom were hospitalized because they did not receive their medication.

The Nevada Division of Aging and Disability Services investigated and confirmed a complaint of elder neglect at Chancellor Gardens of the Lakes and referred it to the attorney general’s office to determine whether criminal charges will be filed, officials said Tuesday.

The accusations stem from an ongoing investigation by the Nevada State Health Division of Chancellor Gardens, where the state previously found that dozens of the elderly residents had gone without their medications — resulting in three hospitalizations — and had suffered neglect at the hands of unqualified employees.

In the newest report, released Monday, the state found:

• Hundreds of pills that should have been administered to residents were instead discovered discarded in containers intended for needles and other sharp objects.

• A resident suffering from dementia — and unable to care for her colostomy — should not have been admitted to the facility because there were no medical personnel to provide care.

• Employees were unable to explain how to look for urinary tract infections or care for patients who had catheters.

• The facility failed to notify a patient’s guardian when the resident was admitted to the hospital.

• A patient with a history of seizures suffered four falls and required hospitalization.

The problems at Chancellor Gardens have been ongoing, even though state inspectors have been present or in contact with the facility for months.

Chancellor Gardens is owned by Utah-based Senior Management Concepts. One of the owners, Vaughn Pulsipher, told the Sun he is aware of the problems, taking them seriously and correcting them.

Full Article and Source:
Treatment of Elderly Could be Criminal

Lawyer Accused of Grand Theft

A western Lucas County lawyer who this year was suspended indefinitely by the Supreme Court of Ohio from practicing law appeared in Lucas County Common Pleas Court Monday to face a criminal theft charge.

Gerald A. Baker, 59, of Spencer Township was charged with grand theft for allegedly stealing more than $30,000 entrusted to him as an insurance settlement for a client.

Yesterday, he failed to appear for his morning arraignment on the charge, prompting Judge Gene Zmuda to issue a warrant. Mr. Baker, who told the judge he had moved and so had not received notification, appeared yesterday afternoon and was booked into the Lucas County jail before being released on his own recognizance.

Full Article and Source:
Lawyer Accused of Grand Theft is Jailed Briefly

Former Atty Gets Seven Years in Prison

Arkansas class-action attorney Steven Eugene Cauley was sentenced by a New York judge to seven years and two months in prison after admitting that he stole $9.3 million from client escrow accounts he controlled.

Cauley, who pleaded guilty in June to fraud and criminal contempt, stole money that he held in escrow from the proceeds of a class-action lawsuit against The BYSIS Group Inc., a Roseland, New Jersey-based insurance-services firm that services insurance companies. Cauley’s former Little Rock, Arkansas-based law firm, Cauley Bowman Carney & Williams PLLC, was among the lead attorneys in the 2004 class-action, or group, lawsuit.

Cauley, who has surrendered his law license, joins other attorneys who’ve been jailed for felonies. Marc Dreier, founder of New York’s Dreier LLP, is serving 20 years in prison for selling $700 million in phony promissory notes. Ex-Milberg Weiss Bershad & Shulman partners Mel Weiss, Bill Lerach, David Bershad and Steven Schulman were sent to prison in a kickback scheme.

Full Article and Source:
Arkansas Lawyer Cauley Gets Seven Years for Fraud

See Also:
Disbarred Lawyer Confesses

Charges Upheld

A McHenry County judge denied a defense motion to dismiss charges against a Lake in the Hills man accused of stealing $225,000 from his mother-in-law.

Authorities have charged Michael W. Greer, 46, with felony exploitation of an elderly person and forgery, saying Greer used his position of authority over his now-deceased mother-in-law to get access to her money.

Greer's attorney, Thomas Loizzo, has said a police investigator misled grand jurors when he testified Greer held power of attorney over his mother-in-law.

Instead, Loizzo says, Greer's mother-in-law lent him the money for his business - making the case a civil rather than a criminal matter.

Full Article and Source:
Charges Upheld Against LITH Man Accused of Bilking Mother-in-Law

Ex-Atty Facing Two Years in the Federal Pen

An Erie attorney faces about two years in federal prison for stealing nearly $200,00 from estates in his care.

Sixty-two-year-old J. Gregory Moore consented to being disbarred in Pennsylvania in July, months after the crimes surfaced.

Authorities say Moore went to the Erie County District Attorney's Office in March to announce that he had drained nearly all the money from one woman's estate. Moore's confession came during a state Disciplinary Board investigation and led the DA to refer the case to federal prosecutors, who indicted him on mail fraud.

Moore didn't explain why he stole the money when he pleaded guilty Tuesday, but has agreed to pay it back. He faces 21 to 27 months in prison under federal guidelines when he's sentenced March 8.

Source:
Erie Lawyer Faces Prison in $200K Estate Thefts

Driver's License = Independence

Joetta Marlor ushered her freshly groomed schnauzer, Princess, into the back seat of her car.

She settled into the blue Mercury and maneuvered down busy Park Boulevard, holding the wheel with one hand as she has done for 60 years. She signaled when she changed lanes, stopped at lights, applied her brakes carefully when a white Sentra pulled out in front of her. It was a sunny September day and Marlor, 79, appeared to be in command of her car.

But driving inspectors didn't think she should be on the road. After an accident last year, she was asked to take a driving test and did poorly on it. So in June, she received a letter saying "continued driving can place Ms. Marlor's safety and the safety of others at risk."

The letter said "driving cessation is strongly recommended." But it didn't say exactly when. So Marlor kept driving, knowing that the authorities could step in at any moment and take away her license.

One of her worst fears was that she would become a burden to her children. And if she couldn't drive, she felt she surely would be.

"It hurts. It really hurts," she said. "I'm so not ready. I'm glad I'm still independent."

Full Article and Source:
At 79 a Bid to Keep Her Driving License and Her Independence

Wave of Hope for Lokuta

Midway through her hearing last Tuesday, former Judge Ann H. Lokuta detected a philosophical shift in the approach of the disciplinary panel now considering whether to reinstate her to the Luzerne County bench.

The usually domineering president judge emeritus of the panel, Richard A. Sprague, deferred questioning to the two other judges who heard Lokuta's misconduct case - Lawrence J. O'Toole and Kelley T.D. Streib.

Their questions appeared to focus more on the culture of corruption in Luzerne County than the misconduct charges levied against Lokuta in 2006.

Separately, all three asked Lokuta what she wanted - what sanction she thought would be suitable given the circumstances of her removal last December, the allegations against her and the allegations against the two former Luzerne County judges who testified against her.

There was a renewed sense of equity and fairness in that Dauphin County courtroom, the same chamber where Lokuta practiced as a young attorney nearly three decades ago.

That shift, from a Court of Judicial Discipline that had given her defeat after defeat since the start of the misconduct process, has given Lokuta hope that she will be reinstated.

Full Article and Source:
Wave of Hope Sparks Lokuta

See Also:
Court to Render Decision on Lokuta Case

Lokuta's Salary Request Denied

The state supreme court has denied a request by a former Luzerne County judge to restore her salary while she fights her removal from the bench.

The Court of Judicial Discipline removed Ann Lokuta from the bench last year over allegations she mistreated staff members.

Full Article and Source:
PA Supreme Court Denies Lokuta's Salary Request

"Coma" Patient Communicates

Rom Houben was in a tragic car accident in 1983, leaving him in, what doctors thought, was a vegetative state. His family never gave up hope, and insisted that his brain was still functioning. After taking him to the United States for testing on five different occasions, and having sought out the advice of dozens of specialists in Europe, the family finally was able to confirm their belief with the help of Belgium's Coma Science Group. After doing a sophisticated test on Houben, doctors found that he had a normally functioning brain.

Doctors and the family have since been able to devise a system in which he is able to communicate. Originally, he would tap yes or no answers on to a small device by his foot. Now, he is able to tap messages onto a special touch screen monitor mounted to his wheelchair.

Powerlessness. Utter powerlessness. At first I was angry, then I learned to live with it,” he said, punching the message onto the screen during a recent interview with the Belgian RTBF TV network. He calls his rescue a renaissance.
Doctors around the world are calling what happened to him a shame. “Maybe the diagnosis was missed for so long because it happened 23 years ago. We have better tools now than we did before,” comments Marie Pasinski, M.D., a neurologist with Harvard Medical School. “As physicians we have a responsibility to look at every case with fresh eyes, review the diagnosis, rerun tests and try new tests as they become available.”

Full Article, Video, and Source:
Man Thought to be in Vegetative State Was Alert the Whole Time

Judge Sides With Daughter

An Indiana woman has been granted guardianship of her father after waging a two-month court battle against Manatee County’s public guardian. She hopes to have him home for Thanksgiving.

Manatee County Circuit Judge Paul E. Logan appointed Beverly R. Newman guardian of her father, 89-year-old Al Katz, in a ruling Monday.

Newman and her husband, Lawrence T. Newman, had petitioned the court for control of Katz’s health care decision-making since Sept. 18, when Bradenton’s Aging Safely was awarded emergency temporary guardianship after Katz was taken to the hospital with “confusion, agitation and bronchitis,” according to court documents.

The Newmans objected to Aging Safely’s emergency guardianship, saying the elder advocate failed to list Beverly Newman as Katz’s next of kin in court papers. They said they were Katz’s primary caretakers intermittently from 2002 to 2008.

An often contentious court battle ensued during which the Newmans accused Aging Safely and Katz’s court-appointed health care representative, Jackie Steuerwald of Indiana, of failing to provide adequate care. Aging Safely in turn testified that Katz did not want to see his daughter.

Logan awarded Beverly Newman the right to visit her father for three hours per day over objections from Aging Safely in an Oct. 16 ruling.

“As a guardian, we really had no choice but to do what Mr. Katz said he wanted,” Aging Safely representative Ashley Butler said Tuesday. “Everybody stepped up and did what they thought was best for Mr. Katz.”

Beverly Newman said she and her father get along well and that it was the influence of his girlfriend and caretakers that briefly strained their relationship.

While Logan appointed Beverly Newman guardian of Katz, he awarded control of Katz’s property to Herbert G. Schimmel, a Sarasota family counselor chosen by the Newmans. That’s because the Newmans sued Katz in 2008 over belongings that were locked in his home in Indianapolis.

Full Article and Source:
Judge Sides With Daughter in Guardianship Battle

See Also:
Judge Grants Visitation to Daughter

Compromised Care in IL Nursing Homes

Frail and vulnerable residents of nursing homes throughout Illinois are being dosed with powerful psychotropic drugs, leading to tremors, dangerous lethargy and a higher risk of harmful falls or even death, a Tribune investigation has found.

Thousands of elderly and disabled people have been affected, many of them drugged without their consent or without a legitimate psychiatric diagnosis that would justify treatment, state and federal inspection reports show.

In all, the Tribune identified 1,200 violations at Illinois nursing homes involving psychotropic medications since 2001. Those infractions affected 2,900 patients.

The actual numbers are likely far higher because regulators inspect some facilities just once every 15 months, and even then they usually check only a small sample of residents for harm.

The Tribune's unprecedented review of more than 40,000 state and federal inspection reports found that nursing homes ranging from "five-star" establishments on the North Shore to run-down facilities in urban neighborhoods have been cited for improperly administering psychotropic drugs.

The paper's review took into account violations for "chemical restraint" and "unnecessary drugs" as well as cases involving dosages that exceeded safety standards or falls in which psychotropics possibly played a role.

While some nursing home residents suffer from major mental illnesses, such as schizophrenia, the inspection reports show that many patients harmed by antipsychotic drugs had not been diagnosed with psychosis. They were disabled by Alzheimer's disease, cancer or Parkinson's disease. Some were blind or so frail that they could not breathe without the aid of an oxygen tank.

The findings come at a difficult time for Illinois nursing homes, which are already under fire for housing violent felons alongside geriatric patients and for failing to accurately assess the risk posed by the most serious offenders.

The misuse of psychotropics, which some experts say is a nationwide problem in nursing homes, suggests a troubling future for many seniors.

Full Article and Source:
Compromised Care: Psychotropic Drugs Given to Nursing Home Patients Without Cause

Who Will Help?

Former caseworker Tande Rose worries every day about the elderly in Gallia County who may be hungry or without medications or even near death.

Laid off as the county's one-person Department of Adult Protective Services, she wonders who will take care of people like the woman in her 70s who Rose found naked and covered with feces on the floor of a locked bedroom.

Advocates for the county agencies across Ohio have not yet compiled the number of caseworkers like Rose who were handed pink slips in the wake of state budget cuts adopted in July. However, roughly 3,000 have lost their jobs since the state started slashing aid to the county agencies nearly two years ago.

Gallia County, along the Ohio River in the heart of the state's Appalachian region, has been among the hardest hit, losing 40 percent of its Job and Family Services' staff of 51.

Rose was the county's only caseworker assigned to investigate allegations of abuse, exploitation or neglect against the elderly. Since she left in August, adult protective services have been unavailable.

"I worry that people will go hungry or not get their medications," Rose said. "I worry that someone will die."

"These are sweet little people," Rose said of her former clients. "I may be in their shoes some day, and if I am, I'd want someone looking after me."

Rose helped about 150 seniors a year.

"Elderly people are so proud," she said. "They will go without medication before they wouldn't pay their utilities. I would try and help by talking to physicians to get samples or calling the utility company."

"Families are supposed to help out families," Rose said. "But a family can't do what they could do 20 years ago."

Evelyn Pleads For Help!

Part Three


Part Two


Part One

"Cash-for-Kids" Judges Given Partial Immunity

Two former county judges accused of taking millions of dollars in kickbacks to send juveniles to private detention facilities are partially immune from civil lawsuits, a federal judge in Pennsylvania ruled Friday.

The decision by U.S. District Judge A. Richard Caputo could make it harder for the people suing former Luzerne County judges Michael T. Conahan and Mark A. Ciavarella Jr. to collect damages.

Caputo said Ciavarella will avoid civil consequences for "the vast majority" of his conduct, because much of it occurred inside a courtroom, such as determination of delinquency and sentencing.

He said Conahan largely would not be immune, because his alleged actions were more administrative in nature, such as signing a placement agreement with the detention centers.

The decisions have no bearing on the federal criminal charges that Ciavarella and Conahan are currently facing in what has become known as the kids-for-cash scandal.

Marsha Levick, a lawyer with the Juvenile Law Center in Philadelphia, a co-counsel for plaintiffs in the case, said Friday she did not consider the ruling to be a major setback. There are more than 400 named plaintiffs in the case, and lawyers are seeking class-action status.

"I think what's important is the judges remained in the litigation," Levick said. "Conahan is extremely vulnerable because most of what Conahan did with respect to the plaintiffs' allegations, it was all outside the courtroom."

Caputo said the case involved principles of judicial independence that date back hundreds of years and are designed to protect judges who make sincere mistakes, uphold the reputation of the courts and meet the need for the court system to render final judgments.

"I am not unmindful of the egregious nature of the alleged conduct presented in this case," Caputo wrote. "This is, however, about the rule of law. It is about the rule of law in the face of popular opinion which would seek a finding directly contrary to the result the rule of law dictates."

Full Article and Source:
2 PA Judges Given Partial Immunity

See Also:
State Had Complaint Against Kids-For-Cash Judges Since 2006

Investors Suing Atty Scott Rothstein

A group of investors filed a lawsuit Friday against Fort Lauderdale attorney Scott Rothstein, saying he stole hundreds of millions of dollars from them with the help of an inner circle of employees at his law firm and a handful of officers at a Canadian bank.

In the suit, which reads more like a racketeering indictment, the investors accuse Rothstein of conspiring with others to fabricate confidential legal settlements to sell to wealthy investors and to falsify bank records to disguise his theft from their trust accounts.

It was a "classic Ponzi scheme" where Rothstein paid off older investors with newer ones' money over four years -- until it collapsed last month, the suit says. He duped them into believing their investments were lucrative and their trust accounts safe -- but they weren't.

The civil complaint was filed by a half-dozen investors seeking to recover more than $100 million from Rothstein, Toronto Dominion Bank and others. They first discovered that the Fort Lauderdale lawyer had cleaned out their bank accounts in late October, when Rothstein fled to Morocco. He returned to Fort Lauderdale in early November to face a federal investigation into his investment scheme, which the FBI said might top $1 billion.

Rothstein, 47, has not been charged with a crime. Through his attorney, Rothstein declined comment on the suit.

The 147-page suit says Rothstein schemed with three others at his firm: general counsel David Boden, chief operating officer Debra Villegas, and corporate officer Andrew Barnett.

Full Article and Source:
Rothstein, Associates Sued

See Also:
Hospital Returns $1 Mil Donation

Accused of Bilking Stroke Victim

Elise Ann Davidson is charged with felony exploitation of a vulnerable adult.

Davidson is free on her own recognizance while the case is pending, according to court documents. She made an initial appearance Friday in magistrate court, where Judge William Hamlett appointed a public defender to represent her.

Davidson, 40, took advantage of the 64-year-old Edgemere man between November 2008 and March 2009, according to a criminal complaint filed by Bonner County Deputy Prosecutor Larry Goins.

The alleged fraud was discovered last spring, when the man’s daughter was appointed legal guardian, a deputy’s report said. As much as $4,000 was drained from the man’s accounts through purchases and cash withdrawals, the report indicated.

The charge rose to the felony level because the amount of monetary damages exceeds $1,000. If convicted of the offense, she could be sentenced to up to 10 years in prison and fined up to $25,000.

The police report said the man suffered a stroke in the fall of 2008 and within days of the event, large ATM withdrawals were made from his bank account. After the withdrawals were made, the man granted her power of attorney in order to handle his medical and financial affairs, the report alleged.

Full Article and Source:
Woman Accused of Bilking Stroke Victim

Seidlin Lawsuit Expanded

An elderly woman's lawsuit against ex-judge Larry Seidlin has expanded to include three attorneys and an accountant.

Barbara Kasler, 83, whose lawyer said is worth $5 million, is suing Seidlin, who gained national notoriety for his emotional handling of the Anna Nicole Smith death case.

Kasler's new attorney, William Scherer, filed an amended suit this week accusing Seidlin of siphoning money from Kasler and attempting to hijack her estate upon her death. According to the suit, originally filed in Broward Circuit Court in June, Seidlin; his wife Belinda; her parents, Barbara and Oren Ray; along with Dorothy Colletto, the ex-girlfriend of Kasler's deceased son, fleeced Kasler out of hundreds of thousands of dollars in checks, credit-card purchases and the sale of property she owned.

Seidlin feigned friendship with Kasler, who lived in the same Fort Lauderdale condo as the judge and his family, the suit said, and the exploitation occurred while the now-retired Seidlin was still on the bench.

"It is absolutely horrible, horrible conduct by a sitting circuit judge," Scherer said.

Also named in the new suit is accountant Stephen Fuller, and attorneys Robert Judd, Bruce Lehr and Raymond Posgay. All but Lehr, whose practice is in Miami, are from Fort Lauderdale.

The suit said the accountant and attorneys assisted Seidlin in his attempts to buy Kasler's property at a discountand change her will tobenefit himself and his family.

Full Article and Source:
Lawsuit Against Ex-Judge Seidlin Expanded

See Also:
Seidlin v Kasler

Financial Advisor Admits to $10.3 Mil Ponzi Scheme

A financial adviser from Monmouth County admitted today he financed a lavish lifestyle with money from investors he duped in a $10.3 million Ponzi scheme.

Maxwell Smith, 69, of Fair Haven, pleaded guilty in Superior Court in Morristown to one count of first-degree money-laundering. Under the plea agreement with the state Attorney General’s Office, Smith is likely to be sentenced to a 15-year prison term, with five years of parole ineligibility, but it will run concurrently with an upcoming federal prison sentence. Smith also had pleaded guilty Tuesday in federal court in Trenton to wire fraud in the same securities scheme, authorities said.

Over the years, Smith raked in $10 million from the investors and paid out $2 million in interest to give a false sense of security, but he spent the other $8 million on himself and his wife. The money financed their high living, overseas travel and renting a villa in France, as well as dining in fancy restaurants, buying pricey antiques and gambling.

Smith also agreed to pay $10 million in restitution, but victims probably will never get all of their money back, said Edward D’Alessandro, attorney for 10 of the 13 victims.

"We’re trying to fill a bucket with a thimble," D’Alessandro said. "All of the money is gone. They lived very well and had an unbelievably lavish lifestyle."

The fraud began to unravel when the daughter of one elderly investor couple, Leonard and Collette Frederick of Whippany, thought Smith’s investment plan sounded a lot like the Ponzi scheme of disgraced financier Bernard Madoff, D’Alessandro said.

Full Article and Source:
Monmouth County Financial Advisor Admits Ponzi Scheme in State Court

Hospital Returns $1 Mil Donation

The scandal surrounding attorney Scott Rothstein's Ponzi scheme has forced him to surrender his law license and a Fort Lauderdale hospital to return his $1 million donation.

Holy Cross Hospital is returning a $1 million donation from attorney Scott Rothstein, who has agreed to surrender his law license in the midst of a federal investigation into a massive Ponzi scheme that authorities suspect him of engineering.

Rothstein's donation was earmarked for an expanded women's center at the Fort Lauderdale hospital, which was going to put his charitable foundation's name on the lobby entrance.

But the scandal over his investment scam, which unraveled in late October as investors alleged Rothstein had stolen hundreds of millions of dollars, compelled the hospital to return his donation, officials said Wednesday.

``In light of the recent allegations involving Scott Rothstein, Holy Cross Hospital has concluded that it should not retain the funds recently gifted to it by the Rothstein Family Foundation,'' the hospital said in a statement.

The donation will be placed in a trust account until hospital officials determine how it should be disbursed. Rothstein's Fort Lauderdale law firm, Rothstein Rosenfeldt Adler, is facing bankruptcy and creditors are lining up to recover their investment losses.

Meanwhile, Rothstein, who has not been charged with a crime, has submitted paperwork to the Florida Bar to surrender his law license.

Full Article and Source:
Hospital Returns $1M Scott Rothsetin Donation

See Also:
Feds Seizing Rothstein's Properties

Victim of an Overly Broad Law?

David Knutsen is the victim of an overly broad law, and an indictment charging him with sexual abuse of a vulnerable adult patient at St. Luke's Canyon View Behavioral Health should be dismissed, according to his lawyer.

Judge G. Richard Bevan heard three motions from Knutsen's attorney, Mike Wood, on Thursday in Twin Falls.Wood wants Bevan to dismiss the indictment against Knutsen, suppress testimony in the case and deem the charges against him unconstitutional.

After a three-hour hearing Thursday on Wood's motions, Bevan said he would write a decision "in due course."

Meanwhile, the 29-year-old Knutsen, a convicted sex offender, faces trial on Jan. 30, 2010. He was indicted March 25 for four counts of sexual abuse of a vulnerable adult following the alleged incidents of abuse on Jan. 30, 2009, at Canyon View in Twin Falls. As a patient, Knutsen allegedly abused the then-21-year-old female patient, who is described in court records as developmentally delayed.

Wood argued Thursday that the statute prohibiting sexual abuse of vulnerable adults restricts an adult's right to engage in sexual activity. Adults are responsible for their own sexuality, said Wood, "not the state of Idaho."

But the Twin Falls County prosecutor on the case, Suzanne Craig, disagreed saying the felony statute is fair and protects people.

"The state may limit sexual activity," said Craig, adding it protects people "who legitimately need to be protected. ... Children need to be protected and so do people with limited mental capacity."

Full Article, Video and Source:
Judge to Rule in Patient Abuse Case

Editorial: Silver Alert Has Proven Its Value

As a child, I can remember joining my family watching our favorite television shows at night while constantly being interrupted with commercials that asked, "It's 10 p.m. Do you know where your child is?"

Now that I am a parent, I can appreciate that question a little better. However, today we are faced with another question that is just as challenging - "Do you know where your aging parents are?"

As the senior population continues to grow with the Baby Boomers entering retirement, we must be proactive in supporting them and their loved ones. In today's society, many of us know of or have parents suffering from Alzheimer' disease, dementia and other disorders.

The Silver Alert program provides a communication network to quickly disseminate information about a missing vulnerable adult in an effort to return them to their residence and/or caretaker. It is very similar to the Amber Alert program for missing children.

Timing is everything, because the survival rate of the missing person is much higher when the adult is located within the first 24 to 48 hours.

Full Article and Source:
Guest Column: Silver Alert Already Has Proven its Value

Chimp Lawsuit and Defense

Bizarre national headlines burst out of Stamford, Connecticut, earlier this year when a pet chimpanzee savagely attacked its owner's friend, leaving her with horrific, permanent injuries.

Travis the chimp lived with Sandra Herold as a family pet. Herold called her friend, Charla Nash, to help her after Travis escaped from the house. When Nash arrived, Travis brutally attacked her. Nash almost died from her injuries, losing her hands, sight and much of her face, among other severe injuries. Travis was eventually shot and killed when he assaulted a police officer called to the scene.

Plaintiff's Lawsuit
In March, Michael Nash, the victim's twin brother and temporary conservator of her estate, filed a lawsuit in the Superior Court of Connecticut against Herold alleging strict liability, negligence and recklessness. In the complaint, Michael Nash describes his sister's physical injuries, astronomical medical expenses, pain and suffering, psychological trauma, loss of the ability to participate in life, and lost wages and benefits from her inability to return to work. The plaintiff asks for money damages, punitive damages, attorneys' fees and other proper relief on his sister's behalf, stating that he believes the judgment should reach at least $50 million.

A Surprising Defense
In response, Herold asserts that the injuries are employment related and governed by workers' compensation law. Workers' compensation is the exclusive legal remedy for most work injuries, almost always barring personal claims against the employer, unless the victim can prove the injury was intentional. Workers' compensation awards are typically much smaller than standard personal injury damages because an injured worker receives medical coverage and wage replacement, but not money for ordinary pain and suffering. However, mental injury may also be recoverable if it flows from a physical injury.

Full Article and Source:
Chimp Owner Asserts Worker's Comp Covers Injury Claims in Attack

Steven T. Rondos Facing 6-18 Years in Prison

A disbarred attorney from Ridgewood is facing a maximum sentence of 6 to 18 years in prison after pleading guilty to charges of stealing millions from guardianship accounts he oversaw for incapacitated children and seniors.

Steven T. Rondos and his Brooklyn-based law firm, Raia & Rondos P.C., were indicted in January on charges of grand larceny, money laundering and fraud in connection with the theft of $4 million, prosecutors said.

Rondos pleaded guilty Nov. 4 to all 19 counts in the indictment, admitting he fleeced two dozen clients from 2001 to 2008. His victims included mentally and physically impaired elderly people, as well as children suffering from cerebral palsy caused by medical malpractice at birth, the Manhattan District Attorney’s Office said.

Rondos, who has since been disbarred in New York and New Jersey, had been appointed by judges as a legal guardian responsible for managing cash awards and other client assets.

His sentencing is scheduled for Jan. 22 in Manhattan Supreme Court.

The law firm has pleaded not guilty and is going to trial.

Full Article and Source:
Ex-Ridgewood Attorney Faces 6-18 Years in Prison

See Also:
Disbarred Atty Pleads Guilty to Guardian Thefts

'Manslaughter, Not Murder'

A 78-year-old suspect accused of killing a frail 94-year-old woman now faces charges for aggravated manslaughter instead of murder.

Although an autopsy ruled Bessie Borth died of suffocation, she also suffered a stroke, a prosecutor said Tuesday. The case against accused killer Geraldine Shockley hinges on that.

“If (the stroke) didn’t kill her, then she suffocated her,” prosecutor Tim Register said. He said aggravated manslaughter "encompasses both theories of death" — the possibility Shockley smothered the life out of Borth, and the chance that she simply let her die when her brain failed.

Autopsy photos of Borth’s brain showed a large hole, and investigators say Shockley knew she was suffering but didn't intervene.

"Our first theory as to how she died is that she was suffocated," Register said. "However, if she did not die of suffocation, she had to have died from a stroke," and Shockley did nothing to help her.

Shockley was arrested on an open count of murder in September, when sheriff’s deputies responded to a 911 call from her home in Panama City Beach and found Borth dead on the floor.

Shockley said she fell. Suspicious Bay County sheriff’s investigators later said Shockley shoved Borth down a makeshift step and, seconds later, smothered her face with a throw pillow.

The longtime caretaker had been stealing money by writing large checks from Borth’s account, the Sheriff’s Office charged. They initially estimated she took $18,000.

Full Article and Source:
Prosecutor: Elderly Death is Manslaughter, Not Murder

See Also:
Caregiver Arrested for Murder

Men Plead No Contest

Two Johnson County businessmen entered no-contest pleas this week for a nationwide theft scheme that took more than a million dollars from elderly customers.

Two others involved from Sioux City, Iowa, also have pleaded guilty in Johnson County District Court.

District Attorney Steve Howe said today that the consumer fraud scam hooked thousands of people seeking a discount on prescription drugs or dental work.

After customers turned over their bank or credit card information to the companies involved, scammers would take far more money out of the accounts than authorized, usually $80 to $110 at a time, he said.

They were even still taking money out of accounts of some people who had died, he said.

Grant Wilms, 44, and Hermann Wilms, 74, a son and father who owned ASP Inc., each pleaded no contest Monday to four felonies of false writing and to four misdemeanors.

Kenneth Opstein, 86, of Sioux City, a former consultant for ASP and owner of its predecessor, NHCD, also pleaded Monday to four felonies and four misdemeanors.

His office manager, Shirley Schopp, 71, of Sioux City, pleaded guilty previously to three felonies and two misdemeanors.

The Wilmses and Opstein are scheduled to be sentenced Jan. 6.


Full Article and Source:
Johnson County Men Plead No Contest to Bilking Elderly Customers

Court to Render Decision on Lokuta Case

Former Judge Ann H. Lokuta stood Tuesday in front of the same state disciplinary panel that removed her from the Luzerne County bench last year, imploring them to reconsider.

She reminded the seven-member Court of Judicial Discipline of the corruption scandal that broke a month after its ruling - the scandal underscored by a 48-count racketeering indictment against two former judges who testified against her.

She told them of the personal hardship of going a year without income, without benefits, and without the one thing she said she cherished more than anything else - putting on the judicial robe and hearing cases.

Near the end of her soliloquy, she pointed to an inscription on a courtroom partition and asked for forgiveness. "You look down here and you see mercy, you see wisdom and you see justice," Lokuta said. "Isn't that the purpose of any sanction, rehabilitation?"

She may have convinced them.

The panel deliberated Lokuta's reinstatement behind closed doors for 15 minutes before its president judge emeritus, Richard A. Sprague, returned alone and announced that the court would adjourn and issue a written opinion.

Full Article and Source:
Court Mulls Lokuta's Return to County Bench

See Also:
Upcoming Hearing for Former Judge Ann Lokuta

Widow Wins $1.1 Million in Lawsuit

A 90-year-old self-made millionaire won about $1.1 million from a Chicago brokerage firm and two brokers accused of churning her longtime stock account.
Josephine DesParte, of Inverness, won the case arbitrated through the Financial Industry Regulatory Authority, known as FINRA, the organization that oversees brokerage firms nationwide. The panel decided that DesParte should recover her stock losses of $655,146, all capital gains taxes paid by the liquidation of long-held stocks of $380,000, and the return of $82,719 in fees that the brokers had charged. Attorney fees and punitive damages were not awarded, according to a FINRA document late Monday.

"I'm happy. I just wanted what I lost," DesParte said Tuesday. "And that's what I got. I didn't pursue punitive damages. I didn't care about that."

DesParte's lawyer filed the complaint earlier this year against William Blair & Co. LLC, which was accused of breach of fiduciary duty.

Full Article and Source:
Inverness Widow Wins $1.1 Million in Law Suit Against Brokerage Firm

Adele Remembered

Her friends ask, "Dear Gus Bilirakis: Do you remember Adele's demise?"

Adele Fletcher could not imagine the devastation that Attorney Gus Bilirakis and Professional Guardian Fran Lang would unleash upon her.

In 1935, her adult life was just beginning. Sixty-two years later, she would begin living a nightmare.

This site is dedicated to the loving memory of Adele Fletcher by her many friends.

Florida's 9th U.S. Congressional District currently served by Gus Bilirakis will hold an election in 2010.

Source:
AdeleRemembered.info

Read About the Fraud, the Estate Bashing, and the Conviction

About Bilirakis

Council Member Facing Charges Resigns

A Clemson City Council member who is facing criminal charges resigned today.

Elouise James, whom Gov. Mark Sanford suspended from office following her indictment last month, submitted her resignation by letter, Clemson Mayor Larry Abernathy said.

Abernathy said he could not comment on James’ circumstances, but he said he considered her resignation unfortunate and praised James for her service to the city. She has served on the city council since 1997.

James was charged in September with two counts of forgery and one count of obstruction of justice in Greenville County and two counts of obtaining goods by false pretenses and one count of financial exploitation of a vulnerable adult in Pickens County.

A Pickens County grand jury indicted James on the Pickens County charges on Oct. 22 and Sanford suspended her on Oct. 30.

Full Article and Source:
Indicted Member Resigns Clemson City Council

See Also:
Council Shows Support for Elouise James

Clemson City Council Woman Arrested

Investigating Theft by Bank Employees

The financial crisis has thrown a spotlight on the banking industry and the wrongdoings of Wall Street. Now a CBS 5 investigation reveals your local bank branch on Main street may also have skeletons in the closet.

It was masked bandits who made off with 86 year old Ralph Hill's money. "I knew something was wrong," he said. But this was no random street crime. It was an inside job, a crime that started when he lost his Wells Fargo ATM card.

The bank sent him a new card, but before he could even use it he got a notice saying: "..that I was overdrawn. I've never been overdrawn in my life," Hill said.

And when Hill got to the bank he recalled, "I went in and discovered my bank account was empty." $8,000 was gone.

When police investigated, who did they arrest? A teller at the bank.

Theft by bank employees? Turns out, it's happening all over the Bay Area. CBS 5 Investigates found half a dozen recent cases where bank employees were charged or convicted for stealing customers' money. But experts say there's another kind of financial abuse that can happen at a bank, where customers, many of them elderly, may be victimized by employees they trust.

That's what Leslie Larsen believes happened to her 77-year-old mother Frances Saimons. "She has been taken advantage of," Larson says.

Full Article and Source:
Bay Area Bank Thefts Uncovered

Sentenced to 7 Years for Theft

After a stop in Lafayette County to face charges there, William P. Willbanks, 40, of Higginsville, will be spending the next seven years in Missouri Department of Corrections as the result of a sentence handed down by Circuit Court Judge Dennis A. Rolf Monday, Nov. 9.

A grand jury indictment was filed for the case in December 2008; Willbanks pleaded guilty to class C felony theft in Rolf's 15th Circuit Court in March and was given a five-year term of probation.

Willbanks is accused of class B felony financial exploitation of an elderly or disabled person in Lafayette County and is scheduled for a hearing there Monday, Nov. 16.

Full Article and Source:
Higginsville Man Sentenced to 7 Years for Theft

Woman Facing Felony Charges

A Port Byron, Ill., woman is facing felony charges in the theft of $27,000 from a 74-year-old female relative in 2008.

Sarah L. Feurt, 36, is charged in Rock Island County Circuit Court with felony counts of financial exploitation of an elderly person and theft.

The alleged theft occurred between March and September 2008. The case was investigated by the Illinois State Police Medicaid Fraud Unit based in Sterling, Ill.

Master Sgt. Keith Owano said the incident was reported to the unit by the Illinois Department of Public Health. The victim is a resident of Aspenwood Healthcare Center in Silvis, Ill., and the unit investigates crimes at Medicaid-funded facilities, Owano said.

Feurt made a first appearance in court Friday and was released on a $25,000 recognizance bond. She is scheduled back in court Nov. 24.

Full Article and Source:
Port Byron Woman Charged of $27,000 From 74-Year-Old

Attorney Accused of Stealing More Than $140K

A longtime Elgin attorney faces prison time after being accused of stealing more than $140,000 from clients.

Elgin Police arrested William C. Chesbrough this week at his home in West Dundee.

The 56-year-old attorney faces two felony theft charges and one count of financial exploitation of the elderly, said Elgin police and the Kane County State's Attorney's office.

If convicted of the most serious crime, he faces between four and 15 years in prison.

Chesbrough is free after posting 10 percent of $30,000 bond and is due in court on Dec. 11.

It was unclear Friday whether he faced an investigation by the Illinois Attorney Registration and Disciplinary Commission as a spokesman there could not immediately be reached.

Full Article and Source:
Elgin Attorney Accused of Cheating Clients

Nebraska Caregives May Get Increase

Nebraska's oft-criticized safety net for people with mental retardation and other developmental disabilities may get a small funding increase next year despite Gov. Dave Heineman's recommendation to keep funding flat.

The Legislature's budget-writing Appropriations Committee voted Thursday to increase state funding to groups that care for the developmentally disabled by 1 percent, a move one official said could keep their doors open and serve the same number of people they are now.

Lawmakers, meanwhile, must come up with spending cuts to offset the funding increase proposed during the state's worst fiscal crisis in recent memory.

Providers had sharply criticized Heineman's plan to keep funding flat next year because it came at the same time his administration is trying to move people out of institutions and into community-based programs. His proposal is one of dozens of proposed changes to the budget during the ongoing special legislative session intended to decrease state spending by $334 million to address falling state revenues.

"It doesn't sound like much, but it will help groups stave off a financial crisis," said Zavodny, president of a state association of organizations that serve the mentally disabled. In addition to the 1 percent increase, the Appropriations Committee set aside $500,000 to help boost pay to providers of services to the developmentally disabled.

Full Article and Source:
Some Neb.Caregivers May be in for Raise

Five Years Probation for Involuntary Manslaughter

A former assisted living aide who admitted scalding an elderly Alzheimer's patient when she poured hot cereal into his mouth was sentenced to five years' probation.

Alvador Thompson, 55, of Hatfield, pleaded guilty to involuntary manslaughter in Montgomery County court in August for causing the death last year of 79-year-old Ronald Meyers atCambridge-Brightfield Assisted Living Facility in Hatfield.After suffering severe burns to his lips, mouth, tongue and throat from the piping hot Cream of Wheat on Oct. 8, 2008, Meyers was unable to eat and died two weeks later, according to the District Attorney's Office.

The prosecutors said Thompson relinquished her nursing aid certification but continues to work as a nursing aide in a private capacity.

Full Article and Source:
Ex-Aide Gets Probation For Scaling Man

Legal Battle Over $5 Mil Estate Ends

A legal battle over the estate of beloved University of Rhode Island Prof. Beatrice S. Demers has ended, clearing the way for a bequest that will make almost $5 million available for scholarships for Rhode Islanders who want to study foreign languages.

In a consent order filed in South Kingstown Probate Court in October, Therese Germani, a first cousin of Demers, agreed to drop her challenge to a will executed by Demers in 2002. That means unless any last-minute objectors surface, the assets governed by the will, and from a trust Demers established at the same time, will be distributed to her named beneficiaries, all of them charitable or educational organizations.

Full Article and Source:
Her Love of Languages Finally Honored: $5 Million for Scholarships Released

Lawyer Accused of Fraud

A blind Jamaica woman and the estate of a deceased Woodhaven mother who claim they were cheated by a court-appointed property guardian have taken the Flushing lawyer to court for a second time to seek damages against them, court papers show.

The families of Keishma Smallwood and Alice Dailyda are currently involved in a civil litigation in New York Supreme Court against Matthew Lupoli and representatives from New York real estate companies.

Lupoli allegedly sold the women’s homes to Universal Development LLC, which soon sold the properties for a large profit, according to the lawsuit, which claims breach of fiduciary duty, common law fraud, conspiracy and other counts.

“As a consequence of the defendants’ unlawful conduct, [the] plaintiffs lost at least $171,500 on the two property sales,” the suit, that was filed in May, alleges.

Lupoli’s attorney, Patrick Broderick, said Edward Bailey, the attorney representing the plaintiffs, is wasting the court’s time because Bailey lost a similar lawsuit against the property guardian in federal court two years ago.

Full Article and Source:
Qns Lawyer Accused of Fraud: Suit Claims Property Guardian Bilked Two Boro Women in Home Sales

Ex Caregiver Gets 4 Years for Stealing

The former caretaker for a 93-year-old retired Springfield pathologist has been sentenced to four years in prison and ordered to pay $400,000 in restitution for stealing thousands of dollars from her employer.

Sandra Gayle, 66, of Springfield was convicted by a jury in September of financial exploitation of the elderly and financial exploitation of a person with a disability.

Assistant state’s attorneys Karen Tharp and Jay Magnuson said that Gayle, while she was the woman’s caretaker from 2004 until November 2007, received “gifts” of thousands of dollars for herself and relatives, used the doctor’s money for car repairs, to pay off credit card debt and to buy a $43,000 van. Gayle had obtained the doctor’s power of attorney both for finances and for health care.

Associate Judge John Mehlick called Gayle “the worst nightmare” for family members who have to depend on someone else to care for an elderly loved one.

“You were hired to be a caregiver, and that’s all, for a woman who had no one to take care of her,” Mehlick told Gayle.

Full Article and Source:
Ex Caregiver Gets 4 Years for Stealing

See Also:
Former Caretaker Convicted

Caretaker Accused of Fraud, Trial Begins

Illinois Human Rights Group to Hear Complaints

The Peoria Regional Human Rights Authority of the Illinois Guardianship and Advocacy Commission will meet at 1 p.m. Wednesday, Nov. 18, at Parlin-Ingersoll Library, 205 W. Chestnut St., Canton.

The group will review and discuss complaints concerning allegations that the rights of persons with disabilities are being violated at private and public facilities that provide mental health or developmental disabilities services.

The Human Rights Authority is a panel of nine citizen volunteers appointed by the commission and empowered by statute to investigate alleged violations of rights of persons with disabilities. The Human Rights Authority serves all counties throughout Illinois; case investigations ensure the rights of eligible children and adults who have a disability.

Cases tentatively set for this month’s agenda include complaints involving alleged violations of the laws, regulations and other mandates that protect the rights of persons with disabilities.

Anyone who believe the rights of a person with disabilities are being violated may report this at the meeting or contact the Authority's Regional Coordinator at (309) 693-5001. All complainants' names are kept confidential.

Source:
Human Rights Group To Review Complaints at Parlin Library

Lawyer Charged With Grand Theft in FL Suspended in CO

A Durango lawyer charged with grand theft in Florida has been suspended from practicing law in Colorado.

Mark Henderson Brady, 50, is suspected of signing checks on a business escrow account to pay his casino debts at the Isle of Capri Casino on Grand Bahama Island in the Bahamas. The alleged incidents occurred in August 2008.

The Colorado Supreme Court's Attorney Regulation Counsel filed a petition last month seeking an immediate suspension of Brady, but the immediate suspension was subject to a review hearing.

On Nov. 6, the Colorado Supreme Court ordered the suspension.
Brady is charged with grand theft, misappropriating escrow account funds, passing a forged check and forgery in Florida, where he was allegedly living a lavish lifestyle with a multi-million-dollar house and several luxury cars.

In a previous interview, Brady denied any wrongdoing.

"Since practicing in Colorado, I have maintained trust accounts in strict accordance with my professional and ethical responsibilities as a Colorado practicing attorney," Brady wrote. "I have been a practicing attorney since 1984, and have licenses in both Colorado and New Jersey and have an exemplary record.

"In my roughly 35 years of being a licensed attorney, I have never been grieved by a client, nor subject to disciplinary action," he added. "This record clearly demonstrates there is no evidence of professional misconduct that I have always complied with my ethical obligations since my admission to the state bars in both New Jersey and Colorado."

Full Article and Source:
Court Suspends Durango Lawyer:Mark Brady Accused of Improper Use of Client's Escrow Funds

Antipsychotic Drug Profits

Executives inside pharmaceutical giant AstraZeneca faced a high-stakes dilemma.

On one hand, Chicago psychiatrist Dr. Michael Reinstein was bringing the company a small fortune in sales and was conducting research that made one of its most promising drugs look spectacular.

On the other, some worried that his research findings might be too good to be true.

As Reinstein grew irritated with what he perceived as the company's slights, a top executive outlined the scenario in an e-mail to colleagues.

"If he is in fact worth half a billion dollars to (AstraZeneca)," the company's U.S. sales chief wrote in 2001, "we need to put him in a different category." To avoid scaring Reinstein away, he said, the firm should answer "his every query and satisfy any of his quirky behaviors."

Putting aside its concerns, AstraZeneca would continue its relationship with Reinstein, paying him $490,000 over a decade to travel the nation promoting its best-selling antipsychotic drug, Seroquel. In return, Reinstein provided the company a vast customer base: thousands of mentally ill residents in Chicago-area nursing homes.

During that period, Reinstein also faced accusations that he overmedicated and neglected patients who took a variety of drugs. But his research and promotional work went on, including studies and presentations examining many of the antipsychotics he prescribed on his daily rounds.

Full Article and Source:
Doctor-Drugmaker Ties: Psychiatrist Dr. Michael Reinstein Received Nearly $500,000 From Antipsychotic Drug's Manufacturer

Judge Ordered to Pay Woman More Than $180K

A jury socked Philadelphia Common Pleas Judge Willis Berry Jr. with an order to pay a woman more than $180,000 after finding that he defrauded her in a real-estate deal more than a decade ago and that he had acted outrageously in doing so.

Berry, 67, sitting at the defense table, just shook his head.

The outcome stunned the judge who presided over the three-day trial. After the jury was dismissed, Common Pleas Senior Judge Charles B. Smith, an out-of-county judge who was asked to hear the case, told the attorneys and other observers in the City Hall courtroom: "I am, of course, shocked like most of you are."

Berry's attorney, Samuel C. Stretton, said afterward that he plans to file a post-trial motion before Smith to have him reconsider the verdicts and the damages.

Full Article and Source:
Jury Finds Judge Bilked Client, Hits Him For $180G

New Hampshire Committee Votes Against Assisted Suicide

A bill to legalize assisted suicide in New Hampshire lost key backing Tuesday from a legislative committee when both supporters and opponents joined forces to reject it.

The House Judiciary Committee voted 14-3 against the bill that would let terminally ill patients over age 18 obtain lethal prescriptions, with safeguards to prevent abuses.

Supporters of assisted suicide said the bill was flawed and teamed up with opponents to vote against recommending the measure to the full House. The committee has been working on the bill since September.

The House votes on the recommendation in January. If the chamber accepts the committee recommendation, legislative rules make it nearly impossible for the issue to be brought up again next year.

Oregon has approved assisted suicide ballot questions twice. Washington state followed suit last year.

Full Article and Source:
NH Committee Votes Against Assisted Suicide

More Trouble for Former Guardian

A 35-year-old former Washoe County legal guardian jailed last week for bringing an unloaded gun into a Reno court was booked additionally for possessing prescription drugs after deputies found them during a search of her jail cell.

Angela Cheri Dottei was arrested Nov. 3 on suspicion of carrying a concealed weapon into Reno Justice Court. An unloaded firearm was allegedly found in her belongings as she went through the court’s metal detector. Authorities said she had gone to the court for a scheduled hearing. She was arrested on-site and later ordered jailed in lieu of $25,000 cash bail.

Dottei is also under investigation by Reno police for allegedly financially exploiting her elderly wards. A Washoe Family Court investigation revealed she was allegedly stealing money from her wards while in her role as a legal guardian through her company, Assurity Guardian Resources. A judge in September placed sanctions upon her, fined her hundreds of thousands of dollars and suspended her license to work as a guardian.

Wednesday, during a search of her jail cell, deputies found a plastic bag containing multiple types of prescription drugs hidden in hygiene products, said Deputy Brooke Keast. She was booked additionally on two counts of suspicion of possessing a controlled substance by an inmate, which is a felony.

Deputies were still investigating how she possessed the drugs.

Full Article and Source:
Reno Woman Facing Elder Abuse and Concealed Weapon Charges Allegedly Found With Drugs in Jail Cell

See Also:
Former Guardian Brings Unloaded Gun to Court

Note: Despite the suspension of her license, Angela Dottei continues to be listed as a national "Master Guardian" with the National Guardianship Association.

'Covetous Adult Children'

When a New York City jury convicted Anthony Marshall, 85, the only child of millionaire-socialite-philanthropist Brooke Astor, of 14 counts of fraudulently squeezing huge sums out of his late mother’s $180 million estate, many observers thought it was an isolated case of financial patricide.

No way.

Abuse of wealthy elderly parents by their greedy adult children and other relatives is as common as sin — so common that legal eagles have coined a name for it: elder abuse. More than 500,000 reports of such abuse against elderly Americans are sent to legal authorities every year, and millions more cases are thought to go unreported.

A comprehensive survey by the MetLife Mature Market Institute concludes that financial loss by victims of elder abuse is at least $2.6 billion a year. Figuring that there are still plenty more cases to be found, district attorneys have set up their own elder abuse offices in New York, Los Angeles, San Diego, Brooklyn, Seattle and many other places.

Full Article and Source:
Halt Elder Abuse: Protect Yourself Against Covetous Adult Children

State Had Complaint Against Kids-For-Cash Judges Since 2006

Joseph A. Massa [pictured], senior counsel for the state Judicial Conduct Board, told a state panel investigating the kids-for-cash scandal today that the board acted properly when it referred allegations against two Luzerne County judges to federal prosecutors, allowing the judges to remain on the bench for two years.

The judges, Mark A. Ciavarella Jr. and Michael T. Conahan, were charged in January with accepting $2.8 million to direct county contracts and juveniles to a for-profit detention center.

“To allege the board members put their heads in the proverbial sand while juveniles in this county were sent to the hoosegow is a disgrace,” Massa told the Interbranch Commission on Juvenile Justice.

The commission was appointed by the General Assembly, Gov. Ed Rendell and the Supreme Court to investigate the scandal and recommend measures to prevent similar situations. The commission is to issue its report by May 31.

Source:
Witness: State Had Complaint Against Kids-For-Cash Judges in 2006

See Also:
Thousands of Juvenile Convictions Overturned

DCF Worker Arrested for Fraud & Grand Theft

A case worker for the state Department of Children and Families has been arrested on charges of stealing from an elderly woman with dementia whose case she had been assigned to investigate.

Mindi Marie Berry, 33, is accused by police of copying the 85-year-old Palm Beach woman's financial documents and making ATM withdrawals and debit card purchases from the woman's bank account — to the tune of more than $1,500.

When confronted, Berry told Palm Beach police detectives that she knew the woman had already been the victim of identity theft and thought that her actions would be blamed on the previous culprit, according to an arrest report.

Berry was booked into the Palm Beach County Jail on charges of organized scheme to defraud, grand theft from a person 65 years or older, fraudulent use of a credit card and fraudulent use of personal I.D. information.

Full Article and Source:
Police: DCF Worker Stole From Elderly Woman She Was Assigned to Investigate

Feds Seizing Rothstein's Properties

Federal authorities are seizing Fort Lauderdale attorney Scott Rothstein's properties -- sports cars, waterfront homes, power boats and bank accounts -- as part of a criminal investigation into his alleged multimillion-dollar investment scam.

Shortly before 10 a.m. Monday, two FBI agents, an IRS agent and two truck drivers were spotted in downtown Fort Lauderdale seizing Rothstein's fire engine red Ferrari Spider convertible.Authorities are able to obtain warrants to seize Rothstein's properties -- even before criminal charges are filed in federal court -- because they have evidence to support that the lawyer acquired those assets with ill-gotten gains from his alleged investment scam. The U.S. attorney's office is using the tool of a civil forfeiture action. Eventually, if Rothstein is indicted, prosecutors could transfer the inventory of his properties for criminal forfeiture.

Rothstein, who is staying at an undisclosed location under federal surveillance, has been accused by investors of stealing hundreds of millions of dollars and by his law partners of wiping out their firm.

Full Article and Source:
Feds Seize Embattled Lawyer Scott Rothstein's Property

See Also:
Lawyer Facing Federal Fraud

$100K Lawsuit Against Nursing Home

The second lawsuit to arise from reported sexual abuse at the La Salle County Nursing Home was filed Monday in La Salle County Circuit Court.

Marilyn Wig filed a suit, in her role as guardian of a female resident at the home, seeking at least $100,000 from the nursing home. Wig said in her suit that home staff allowed a sexually active male resident to have contact with the female resident between Jan. 17 and May 26. Those are the same dates between which the Illinois Department of Public Health said the male resident molested a number of female residents. The male resident was later moved to a psychiatric facility.

Another suit claiming a female resident was molested was filed Oct. 26.

State and federal authorities have moved to each fine the county $20,000, saying staff at the home did not take steps to prevent the molestations.

Full Article and Source:
La Salle County Nursing Home: Another Suit Filed Over Sex Abuse

Responsible for Woman's Financial Demise

By all accounts, Frances Joy Taylor was generous, free-spirited and even slightly mischievous. Up until she began to suffer from dementia in her late 80s, she was still pursuing adventures, buying roller skates and going paragliding.

By the time she died in February at age 97, however, the woman who had once had assets of more than $1.5 million — which she intended to leave to children in Africa — was destitute and living as a ward of the state.

A King County Superior Court jury concluded last month that Tyrone Dash, 60, was largely responsible for her financial ruin. Dash, a tax preparer who befriended Taylor around 2000, was convicted of first-degree theft for gradually draining Taylor's estate, writing checks to himself, liquidating her assets and making numerous ATM withdrawals from her account.

To the end, he denied wrongdoing — even on Friday, as a King County judge sentenced Dash to 5-½ years in prison.

Full Article and Source:
Prison For Bilking Old Woman

See Also:
Convicted

One Patient: Sixty Seven Different Drugs

The scariest wrinkle in the Omnicare kickback case is just how vulnerable old people in nursing homes are to schemes in which drug companies allegedly induce pharmacies to prescribe drugs they otherwise wouldn’t.

One patient cited by the government’s complaint received 67 — sixty-seven! – different drugs under Omnicare’s “care”. Those drugs included Cipro, Neurontin, Heparin, Pepcid, Oxycodone and Seroquel or their generics, according to the complaint.

Omnicare, the country’s largest nursing home pharmacy chain, paid $98 million to settle the case.

There’s no suggestion that these drugs were prescribed needlessly (some patients are indeed very sick), however this patient seems to have been “cycled” through various drug categories — hence Seroquel and Neurontin, and Pepcid and Zantac. (Ironically, Risperdal seems to be the only drug the patient didn’t get.)

Full Article and Source:
In Risperdal Kickback Case, One Nursing Home Patient Received 67 Different Drugs

Download the Complaint from the Phillips and Cohen Website