Wednesday, August 25, 2010

Financial Abuse of the Elderly: A Detective's Case Files of Exploitation Crimes

I've recently finished reading this excellent book describing how the elderly become victims of financial abuse. The author, Joe Roubicek, was a detective in the Fort Lauderdale Police Department for many years, and he investigated over 1000 cases of exploitation of the elderly during that period on the police force. The book describes some of the cases he investigated and discusses the shortcomings of state laws protecting the elderly from financial abuse.

Roubicek clarifies the differences between exploitation of the elderly and fraud. Exploitation occurs when someone takes advantage of a disabled elderly person to deprive that person of his or her assets. For example, an in-home caregiver might take advantage of her employer's memory deficits to ask for grocery money five times in a single day. Fraud occurs when a "false and deceptive statement of fact induces the victim to give up a valuable item that he or she owns." Fraud laws are written under the assumption that the victim has the mental capacity to weigh information and make decisions. For example, if a roofing contractor takes a deposit for work on a house with quality materials and workmanship and returns to do the job with defective materials, then fraud may have occurred.

Unfortunately, financial elder abuse often occurs in the gray area between the fraud and the exploitation statutes.

Full Article and Source:
Elder Champions

See Also:
FinancialAbuseOfTheElderly

12 comments:

Anonymous said...

I joined NASGA in order to help fight to fill that gray area!

Florida is one of the worst states for the vulnerable elderly.

Holly said...

The vulnerable citizens living in Florida... and those passing thru the Sunshine State, need all the Joe Roubicek's they can find if they are to be safe!!

Florida's judicial system appears to protect their "court appointed" exploiters... I have first hand experience and evidence!!!

Note: My mother (RD) was visiting Florida with my sister when problems arose with another family member.

Jetta Getty of Port Orange Florida (wolfe in sheeps clothing) so willingly offered her assistance!! Getty immediately put my indignant sister on an airplane and sent her back to PA while assuring us both that she would get mother home soon too.

Getty was fraudulently positioned herself in the Volusia County Court... to obtain the courts backing, to get unfair legal advantage and playing us for fools!

The last three years of my mothers life, she has been criminally confined, begging to go home while Jetta Getty has used the court to keep her there. Getty is enriching herself, her friends and her family and of course the FL attorneys who have been paid in excess of $100,000.00 of RD's estate, all at the expense of one human life! An elderly, Disabled American who couldn't remember what she had for lunch!!

I am of the firm belief that Jetta Getty is a VERY VERY dangerous woman to the vulnerable in Florida, even if they are just visiting!!

It is a "finding of fact" that RD IS a Pennsylvania domicile and resident and also overwhelming evidence that RD wants to return home to be with her family and friends, yet thus far... Getty has REFUSED to return mother to her home and family. RD's entire estate was located in PA so WHY would Volusia County Florida think they had any rights to her??

Why... because Jetta Getty and others have committed fraud upon that Court and either Volusia County is not able to do anything about it OR they choose not to!

My mother is being criminally confined in Florida while Getty uses mother's estate to enrich herself & others. Jetta Getty is killing RD with unnecessary drugs, using RD's estate to pay her own legal fees to keep mother as her prisoner...

Sounds like kidnapping to me...

I WILL NEVER BE SILENT!!!

"The truth shall set us free."

helensniece said...

Great job Joe :-)!!!

Norma said...

This is a great book and I've seen nothing but great reviews about it.

Holly, my hat's off to you and I extend my deepest respect.

Anonymous said...

Sounds like kidnapping to me too Holly

Dianna said...

Thank you, Joe Roubicek, for this book!

StandUp said...

VERY informative book. I've read it and highly suggest it.

Joe said...

Mr. Roubicek,

Are complaints sometimes dismissed because we don't understand the difference between fraud and exploitation?

If I file a complaint and label it fraud -- and it's actually exploitation, would that make a difference on the merits of the complaint do you think?

Joecitizen said...

Holly,
“Industry” is generally defined as “commercial enterprise” and the guardianship industry is just that; businesses operating for profit. The court system is supposed to oversee this process to protect the disabled elderly from being taken advantage of, or exploited, or “given the business.” This is not always the case, right? This is why I advocate an independent review board to look at complaints such as yours to determine if they are substantiated or not. Now the rights and assets of an elderly person would not end at the opinion of a single person like the probate judge. I dread the thought that one day my future and dignity may rest in the hands of a single person because too much is at stake for that. I am sorry about your situation and wish you the best with it.
Joe,
I see that whenever you ask me a question you are really making an excellent statement.
Yes, because too many people don’t seem to understand that fraud and exploitation are two different animals, good, solid exploitation cases are dismissed because they are labeled as “fraud” cases, where different rules apply. One day I hope that most people truly understand this (and before I lose capacity and become a target.)
Helensniece, Norma, Dianna, StandUp and the rest of you, Thank you, guys! :)

Joe Roubicek

timlahrman said...

no question in my mind but that it is in fact kidnaping.

I have the federal case law on point.

These guardians think they have all this superior authority unfettered by the laws that govern us all .... pfffft, right

Rachelle said...

I hope to God this book will be able to save families the misery and pain I and many have know........Florida is the worst state for our elderly....Robbing from them is like stealing from a baby......The legal system does not care....The crooks continue stealing......And buying more expensive property in St. Petersburg, as my Aunt's crook as done!!!

Holly said...

Joe's book is great... very informative!!
I've loaned my copy to one of our local law enforcement officers who has become passionate about my mother situtation, being held in Florida against her will, kidnapped by Jetta Getty for profit.
By the way... this officer has met Jetta Getty, he understands what I'm talkin about!
Thanks Joe