SAFE: Special Advocates for the Elderly

Thanks to an inaugural group of 10 volunteers, life may be a little easier for Douglas County's elderly who find themselves in an often-confusing legal system.

The county's first team of Special Advocates for the Elderly was sworn-in Jan. 21 by district judges Michael Gibbons and Dave Gamble.

Under the direction of former Lyon County District Attorney John Giomi, now a Topaz resident, the volunteers are qualified to advocate on behalf of their wards in matters from guardianship to appropriate care and treatment.

The program is similar to the county's CASA program which works on behalf of children.

“You may be the last resort to keep elders as independent as long as possible or help them make the transition,” Giomi said. “You're the only one to keep the best interests of the elderly in mind.”

SAFE VOLUNTEERS:
Sharon Doan, Lovana Dressler, John Giomi, Nancy Henker, Dana Jantos, Dawn King, Daniel Lancaster, Donna Miller, Madeline Snyder-Hollstrom, Jeffrey Weisend

Full Article and Source:
Volunteers Step Up to Aid Elderly in Court

Drug Induced Dementia - A Perfect Crime

Under the influence of declining birth rates, expanding longevity, and changing population structures around the world, the global prevalence of senile dementia is expected to increase more than four-fold within the next forty years. Within the United States alone, the number of affected individuals over the age of 65 is expected to rise exponentially from 8 million cases (2% of the entire population in the year 2000), to 18 million retirees (roughly 4.5% of the national census in the year 2040). Although they are striking, these statistics quite likely underestimate the scope of the coming epidemic, as they fail to consider the impact of under-diagnosis, early-onset disease, and the potential for a changing incidence of illness in the context of increasingly toxic environments.

In the face of this imminent crisis, concerned observers have called for policies and practices which aim to prevent, limit, or reverse dementia. Drug-Induced Dementia: A Perfect Crime is a timely resource which reveals why and how medical treatments themselves – specifically, psychopharmaceuticals – are a substantial cause of brain degeneration and premature death.

Source:
Drug Induced Dementia - A Pefect Crime (Grace Jackson, MD)

Ex-Broker Says She Can't Pay Back Stolen Funds

A former Joliet resident who was found guilty nearly four years ago of stealing thousands of dollars from an elderly man has yet to pay back all the money.

Now Gloria Osorio, 37, wants a public defender to represent her.

Osorio, who is living in Chicago and in the past sometimes used the first name of Renee, was arrested in 2004 and charged with four counts of financial exploitation of the elderly. While working as a broker for investment firm A.G. Edwards, she was accused of taking money from Earl Fromm Sr. of Morris. Osorio was supposed to have invested the cash for him but did not.

During the investigation, Osorio told a Joliet police officer that she took between $65,000 and $70,000 over a few months. Some of the money was used to pay off the $34,000 loan on her Mercedes-Benz. She also told the officer about opening an account for Fromm at a credit union. Osorio had access to that money and listed herself as Fromm's granddaughter on the credit union's records.

Represented by Ira Goldstein, Osorio had a bench trial in September 2005 in Judge Richard Schoenstedt's courtroom, and he found her guilty.

In early 2006, the judge sentenced Osorio to 48 months probation and 180 days in jail. He also ordered her to pay restitution of a little more than $62,500.

Osorio paid $26,527.30 but still owes more than $36,000.

Osorio will return to court at 9:30 a.m. Feb. 4.

Full Article and Source:
Ex-Broker Can't Pay Back Stolen Money, Afford Lawyer

Charged With Exploitation of His Mother

Douglas J. Koufman is charged with exploitation of an elderly person or disabled adult for more than $100,000. The 57-year-old surrendered at the Palm Beach County Jail and posted bail.

Koufman's attorney Michael B. Cohen says: "We vigorously deny the allegations and we believe that the evidence will eventually show that Mr. Koufman will be exonerated."

According to an affidavit by the Palm Beach County Sheriff's Office, Koufman misappropriated at least $873,000 from his mother's trust fund.

His mother, Charlotte Koufman, is now 88 and suffers from dementia.

Full Article and Source:
Man Charged With Draining Elderly Mom of $800,000

New Jersey Supreme Court Precedent-Setting Ruling

In a precedent-setting ruling, the state Supreme Court has recused a Morris Township municipal court judge from presiding over a drug case because he is an adversary of the defense attorney.

Judge Robert Nish should have recused himself because he and defense attorney Alan Albin happen to be attorneys on opposite sides of an unrelated pending probate case, the high court said in a 6-0 ruling.The decision is meant to provide guidance to New Jersey’s 318 part-time judges in 528 municipal courts, many of whom also work in private practice. In its ruling, the high court determined judges "must recuse themselves whenever they and a lawyer for a party are adversaries in some other open, unresolved matter."

"For millions of New Jerseyans each year, municipal court judges are the face of the judiciary," the court said in a ruling written by Chief Justice Stuart Rabner. "Ensuring both conflict-free, fair hearings and the appearance of impartiality in municipal courts is vital to our system of justice."

"The Supreme Court took the opportunity to send a pretty clear message to the lower courts that they don’t want even a hint of impartiality" on the bench, said Albin, who is no relation to Supreme Court Justice Barry Albin.

Full Article and Source:
N.J. Supreme Court Rules Morris Township Judge Should Be Removed From Drug Case

More Education About Guardianship Needed in MO

The question of guardianship may seem like a simple decision to be made, but being placed under guardianship can have devastating effects for a person with developmental disabilities. It's often seen as the only option when a person needs assistance or support in making decisions, but disability advocates say it can lead to a loss of freedoms.

Preliminary results from a project on guardianship in Missouri show that more work needs to be done to educate the public about the rights of people with developmental disabilities.

Five years ago, Cristal Chapman says someone filed a petition to place her under full guardianship when she began having some personal difficulties as a result of her disabilities. She says she was forced to live hours away from her husband in a locked-down facility and had to give up some of her civil and human rights, even though she had done nothing wrong.

"They took away my freedom of religion. There was one point where they wouldn't let me talk to, see or write my husband. It was pretty bad."

With assistance from Missouri Protection and Advocacy Services, through the Guardianship project, Chapman successfully petitioned the court and restored her rights. Chapman is again living independently with her husband, and making her own decisions.

Full Article and Source:
More Education Needed in MO About Guardianship

Arkansas Judge Removed From Bench

The state Supreme Court on Monday ordered Pulaski County Circuit Judge Willard Proctor removed from the bench.

The high court, acting on a recommendation from the state commission that disciplines judges, concluded Proctor violated canons of judicial conduct in his relationship with a nonprofit probation program run from his courthouse office.

The state Judicial Discipline and Disability Commission accused Proctor of improperly involving himself in the activities and finances of the Cycle Breakers program, and of breaking the law by requiring probationers to pay “civil fees” with the threat of jail time.

At a hearing last summer, Proctor admitted giving probationers rides to meetings, hosting them as his home, letting one stay at his home and baptizing some at his church.

But he argued before the high court earlier this month that running what he called a “cutting edge” probation program from his office did not warrant his removal from the bench. He asked the justices to reject the commission’s recommendation on procedural grounds.

Full Article and Source:
Supreme Court Orders Judge to be Removed

Medical Tech Arrested

A medical technician at two facilities for the elderly - one in Granite Bay and another in Citrus Heights - allegedly stole cash and jewelry from dozens of victims to feed her gambling addiction, authorities said.

Placer County Sheriff's detectives on Tuesday afternoon arrested Sasi L. Raj (left photo), 46, of Antelope, at Eskaton Lodge in Granite Bay, where she has worked since August 2007, Det. Sgt. Brian Whigam said.

Raj, who was arrested on suspicion of burglary and financial elder abuse, also worked at Merrill Gardens in Citrus Heights, Whigam said.

Whigam said Raj dispensed medication to the senior residents at the facilities and had a master key to their rooms. When they left their rooms to eat or see a doctor, she would enter the room to steal from them, Whigam said.

"They trusted her," he said.

So far, detectives say they have identified a dozen victims, but believe that more will come forward.

Full Article and Source:
Medical Tech Suspected of Stealing From Senior Residents Arrested

Recommended Website: Financial Abuse of the Elderly

~ UNDERSTAND IT TO DEAL WITH IT EFFECTIVELY ~

In a sentence, Florida’s exploitation law (FSS 825.103) states that when someone maliciously takes the property of an “elderly person,” they are committing exploitation. That’s the essence of the law.

But there is also an important requirement: Within this law, an “elderly person” is defined as someone 60 years of age or older who is suffering from the infirmities of aging to the extent that their ability to adequately care for and protect themselves is impaired. The law states that the elderly person must suffer a physical or mental infirmity. Therefore, exploitation is based primarily on infirmities or disabilities and not deception.

This is why exploitation is not fraud and why it can be much more devastating and offensive. Fraud is generally defined as deception that is carried out for the purpose of achieving personal gain while causing injury to another party. Exploitation requires more than that. It requires that the victims suffer disabilities that make them more vulnerable. And when the victim is more vulnerable, the victim impact is far worse.

Source:
ExploitationElderly.Com

See Also:


Financial Abuse of the Elderly; A Detective's Case Files of Exploitation Crimes, by Joe Roubicek

Scott Rothstein Pleads Guilty

Scott Rothstein, the disbarred South Florida attorney accused of running a $1.2 billion investment scam, pleaded guilty to five federal counts including racketeering, fraud and money laundering.

Rothstein, who has been jailed without bail since his Dec. 1 arrest, is focused on returning as much money as possible to investors, according to his attorneys. Rothstein's seized assets -- two dozen pieces of real estate, numerous luxury cars, jewelry, bank accounts and more -- are worth between $60 million and $100 million.

Rothstein faces up to 100 years in prison, but attorney Marc Nurik says he hoped to receive a sentence of roughly 20 years in prison. Sentencing is set for May 6th.

After the hearing, Rothstein's wife Kim read a prepared statement to reporters outside the courthouse.

Full Article and Source:
Rothstein Enters Guilty Plea; His Wife Speaks Out

See Also:
Kim Rothstein's Full Statement

Blog: Reforms Still Needed. One Group's Prescription

One of the most egregious cases in Arizona of fiduciary betrayal was the case of lawyer Wayne Legg who was once known as the “King of Probate.” Legg was accused of skimming and plundering his clients’ estates. In 1994, he was convicted on 13 counts of felony theft and fraud.

Interestingly, Wayne Legg wasn’t the first lawyer I heard about who took advantage of elderly clients. No, there’s still a prominent place in the Hall of Shame for Laguna Hills, California estate planning lawyer, James Gunderson.

Coincidentally, around the same time as Legg was up to no good in Arizona, The Los Angeles Times ran a series of stories about Gunderson and how he set himself as a beneficiary in the wills and trusts his law firm prepared for his clients.

Gunderson eluded disbarment by resigning.

But while the Legg and Gunderson cases are among the most egregious of my recent recollection, what about more recent instances of law firms as well as guardians who think nothing of gorging at the trough running up astronomically questionable fees at the expense of a vulnerable elderly client?

So its not just private and public fiduciaries as well as family members and friends that need monitoring. Lawyers can also engage in predation. The reforms must be comprehensive.

There are no shortage of stakeholders among elder advocates who have ideas on how to improve the system. One is, The National Association to Stop Guardianship Abuse...

Full Article and Source:
Reforms Still Needed. One Group's Prescription

See Also:
"An Open Letter to Congress and the White House"

Editorial: Catching Rogue Judges

Did the state's judicial watchdog agency leave hundreds of kids in jeopardy in the Luzerne County kids-for-cash scandal? And could the panel allow rogue judges to remain in power during the next scandal?

In the aftermath of the Luzerne County judicial debacle, the investigative policies of the state Judicial Conduct Board are coming under some well-warranted scrutiny.

The board's job is to prosecute rogue judges before the state's Court of Judicial Discipline, which can then recommend their discipline, including even removal from the bench.

Last week, the state's preeminent court-reform advocacy group - Pennsylvanians for Modern Courts - called on the Judicial Conduct Board to change its go-slow policy with regard to acting on certain judicial allegations.

PMC rightly challenged a Judicial Conduct Board policy under which the panel defers its own probe to an ongoing outside criminal investigation. The board says its policy is designed to assure that its inquiry doesn't derail possible criminal charges. The board reaffirmed its policy this month.

By deferring action on a 2006 tip it received about judicial corruption in the Luzerne County court, though, the Judicial Conduct Board, if nothing else, passed up a chance to come to the aid sooner of hundreds of children railroaded in an alleged $2.8 million racketeering scam run by two former judges.

Citizens watching the Luzerne County case unfold - and wondering where the next judicial scandal will emerge - have every right to demand that authorities move quickly when a sitting judge is perverting the cause of justice.

Full Editorialand Source:
Editorial: Catching Rogue Judges

Ex-Judge Resigns Law License to Avoid Discipline

A former St. Bernard Parish judge who pleaded guilty in a bribery scheme has permanently resigned his law license rather than face judicial discipline, the Louisiana Supreme Court said.

Its order said Wayne G. Cresap had asked the state Office of Disciplinary Counsel to let him do so, and the office backed his request.

Cresap resigned from the St. Bernard Parish bench in October, when he and attorneys Victor Dauterive and Nunzio Salvadore Cusimano pleaded guilty to conspiracy to commit wire fraud.

Prosecutors said they took a total of up to $150,000 in kickbacks disguised as attorneys' fees to let nearly 100 inmates out of jail without paying bond.

Full Article and Source:
Ex-Judge Who Admitted Bribery Resigns Law License

CT: Proposed Bill to Hold Nursing Home Criminally Responsible for Abuse and Neglect

State Sen. Edith Prague said she will re-introduce a bill this year that would make it easier to hold the owners of nursing homes criminally responsible for abuse and neglect of patients in their facilities.

“You can’t sue the state, but the nursing home owners who cut back on staffing I feel should be held responsible,” she said. The bill passed the state Senate last year, but died in the House.

Prague said a public hearing will be held in front of the Select Committee on Aging on Feb. 16 in the Legislative Office Building in Hartford. The time and room have not been set yet.

Prague’s bill would require the Department of Public Health to include a notice in nursing home applications telling owners they could be held criminally accountable for abuse and neglect of residents by their employees.

Godialis said one issue is that many nursing homes in Connecticut are owned by people who live outside the state and believe they can’t be responsible for neglect if they don’t see it or participate in it.

Full Article and Source:
Bill Would Hole Nursing Home Owners Criminally Responsible for Abuse, Neglect

Pauly Shore Sues Brother for Undue Influence

One of Hollywood's most famous entertainment spots has sparked what may be a very bitter and ugly family fight in court.

Comedian Pauly Shore filed a lawsuit claiming that his brother, Peter Shore, has been using unscrupulous behavior and committing undue influence over their 79-year old mother, Mitzi Shore. Mitzi suffers from Parkinson's disease and other neurological problems. Reportedly, she's been in the care of Peter (Pauly's older brother), but Pauly has grown increasingly concerned for her well-being, according to his lawsuit filed earlier this month in the Los Angeles Superior Court.

Pauly asked Peter to turn over about three years worth of tax returns and financial records, to which Peter responded by hiring an attorney and firing Pauly from the Board of Directors. Pauly then brought the undue influence lawsuit, claiming that Peter accomplished this by taking advantage of their infirm mother. Pauly points to a letter sent to Peter from last summer, written by Mitzi's attorneys, that raised concerns about how Mitzi was being treated and her financial security.

It's interesting that Pauly took this legal path rather than filing for conservatorship (or guardianship as it is called in many states). The heirs of Brooke Astor, Peter Falk, and many others used this route when they became concerned of undue influence over their famous relatives. Protective proceedings such as guardianships and conservatorships are supposed to help elderly and vulnerable adults who are at risk of exploitation, undue influence, neglect, or otherwise need help making decisions.

Proving undue influence is never easy. Pauly's attorneys will have to show that Peter abused his position of trust and confidence with his mother and took advantage of her.

It's too bad when family squabbles over money turn into lawsuits like this one; they happen far too frequently to rich and modest families alike. But at least stories like this one can teach other families how not to end up the same way.

Full Article and Source:
Pauly Shore Sues Brother for Undue Influence

In-Home Supportive Services Probe Yields 19 Felony Cases

A task force established to ferret out fraud in Sacramento County's extensive network of In-Home Supportive Services has turned up 19 felony cases in its first four months, according to the District Attorney's Office.

Those cases account for an alleged $315,000 in overpayments among 42,000 caregivers and clients.

"We believe as long as IHSS is in existence, there will always be fraud," said Assistant Chief Deputy District Attorney Laura Green, who's in charge of the district attorney's Stop Target Offenders Program unit, which includes the multiagency task force.

A grand jury report last summer found that along with costs and enrollment increasing, fraud was growing in the county's IHSS program, which helps the disabled and frail elderly continue living independently in their own homes. The Governor's Office has claimed a 25 percent statewide fraud rate in IHSS.

Full Article and Source:
Sacramento County Probe of In-Home Care Turns up 19 Felony Cases

Foster Care Operators Charged With Theft

A Medford couple who operate a foster care home are in jail for allegedly pressuring an elderly woman to pay more than $100,000 for odd jobs done over 15 months, Medford police said.

Mineretta Logoipule Viliamu, 35, and her husband, Saolotoga Viliamu, 41, have been lodged in the Jackson County Jail on a numerous theft and criminal mistreatment charges.

Mineretta Viliamu is a licensed foster care provider and the couple operated a foster home at their house. The victim of this alleged theft lived in her own home, however, and occasionally got help from the Viliamus, police said in a news release.

Police got a report early this month of possible financial exploitation of an elderly Medford woman by the Viliamus, Detective Sgt. Scott Clauson said. A detective from the Medford Police Department's financial investigation section determined that the woman, a widow, had paid the Viliamus more than $100,000 over the last 15 months for a variety of odd jobs around her house. She told the detective that the pair, who had helped care for her husband before he died, had pressured her to pay large sums of money for small jobs. Clauson said that in December alone, she paid the pair $19,000.

Full Article and Source:
Medford Foster Care Providers Stole $100,000+, Police Say

Woman Attempting to Recover Funds

An 88-year-old lady left destitute, a big chunk of her life savings sucked dry by people who were supposed to protect her, may yet get some of her money back.

Brian Theut, the guardian ad litem appointed to look out for Marie Long, has asked a judge to order Phoenix attorney Brenda Church to return half of the $110,000 that her law firms collected from Marie's trust between 2005 and 2008. Church was the attorney for Marie's niece, Genevieve Olen, who oversaw Marie's money until late last year, when there wasn't anything left to oversee.

Meanwhile, Church has filed paperwork seeking court approval of another $233,000, money she (or rather her law firm, Frazer, Ryan, Goldberg & Arnold) collected from Marie's dwindling account in 2009. In her court filing, Church says the old lady still owes the firm another $1,625, money it wants should any assets turn up.

It'll be up to recently retired Superior Court Commissioner Lindsay Ellis to decide whether Marie will get any of her money back. Now would be a very good time. Though she's broke, Marie has so far not been accepted into the state's long-term care program for the poor. Her nursing home hasn't been paid in several months, raising fears that she could be evicted soon, if something doesn't give.

While Ellis ponders the requests, Marie's newly appointed guardian is readying a federal racketeering lawsuit against Church, Olen, Theut, the Sun Valley Group and a host of others, alleging among other things that they breached their fiduciary duty to Marie. All the parties named have denied any wrongdoing.

By now you know the story of Marie Long. In 2005, she was worth $1.3 million. After a stroke that year left her incapacitated, her niece assumed control of her trust. By late last year, Marie's money was gone, much of it gobbled up by lawyer fees and guardian fees.

Marie's court-appointed attorney, Jon Kitchel, tried to sound to alarm in November 2008, asking Ellis to stop the hemoraging. Sadly, Ellis didn't and now Marie must live out her years on the taxpayers' dime – assuming we still have one.

Full Article and Source:
Could Old Lady Get Some of Her Money Back?

NM Judge Suspended for Two Months Without Pay

When Gov. Bill Richardson appointed Joseph Guillory to the Doña Ana County Magistrate Court in 2006, he said Guillory’s “strong law enforcement background will serve him well.”

Guillory, a retired law-enforcement officer, is now serving a 60-day suspension without pay, which will be followed by a 12-month, supervised probationary period during which he will receive training in his “obligations and responsibilities” under the state’s Code of Judicial Conduct.

Full Article, Source and Details of Filing by Judicial Standards Commission:
Judge Suspended for Two Months Without Pay

Former Colorado Businessman Pleads Guilty

The former president of Boulder-based used-car business CarFind USA could spend up to nine years in prison after pleading guilty to convincing a 79-year-old employee to loan him more than $300,000 for car payments, vacations and real estate purchases.

Larry J. Abrams, 47, was scheduled to go to trial on felony charges of theft of an at-risk adult, but he instead pleaded guilty in Boulder County District Court to felony theft and criminal attempt to commit theft.

He's scheduled to be sentenced April 30 to anywhere from probation to nine years in prison, and he must pay back as much as $403,700 to Dorothy Mannes.

"We want to encourage Mr. Abrams to pay back as much as possible before the sentencing," Deputy District Attorney Michael Foote told the judge Wednesday. "Our sentencing recommendation will depend on how much he pays back."

Full Article and Source:
Boulder Businessman Could Go to Prison for Bilking Elderly Employee

NY Law Firms Concerned About PoA Changes

Dozens of prominent New York law firms are warning that a new state power-of-attorney statute designed to discourage fraud in elder law and estate planning could create "unnecessary confusion and disruption" in several well-established areas of commercial transactions.

The firms argue in a recently released analysis that the statute's provisions for executing a power of attorney form for elder care purposes do not apply to the creation of valid proxies for the voting of shares of stock held by investors of New York corporations and non-New York corporations.

But they say that misinterpretations could occur if the new law is read "in isolation."

The statute, in the form of amendments to New York General Obligations Law §§5-1501, requires, in part, the use of a longer, more detailed power of attorney forms for those designating relatives or other agents to make decisions about the disposition of their property if the principals are not able to make the decisions themselves.

Advocates of the change said many older people needed more information about the power-of-attorney process and the rights they were potentially signing away to reduce the risks of abuse or fraud in the elder care and financial planning process.

The new form requires notarization of signatures of an agent or agents being designated as having power of attorney.

The short form for designating power of attorney in effect before Sept. 1 did not require notarization.

Full Article and Source:
N.Y. Law Firms Sound Alarm About Power-of-Attorney Changes

Florida Man Fighting Against Guardianship Attempt

Sixty-four-year-old Stewart Rosenkrantz landed in a wheelchair decades ago, after a car accident, but he hasn't let that stop him from enjoying life. His still pictures are so special he's sold them. His money management is so good he owns his home and doesn't owe anybody anything.

Edward Dinna, Attorney: "Mr. Rosenkrantz is the only fellow I know that doesn't have a debt."

Attorney Edward Dinna represents Stewart. They're fighting a move by a family member that could cost Stewart control over his life and his finances. It started with this, a petition filed in Broward County that claims Stewart is being unduly influenced by his roommate. A claim Stewart and his attorney deny. Edward Dinna: "Not only are they trying to appoint a temporary guardian, but they're trying to serve subpoenas on all his banking and financial institutions to find out just how wealthy or not he is."

Three court appointed members of a committee met with Stewart and he can own a gun, he can drive his van, but he can't manage his property. He says it's all about getting control of his money.





Full Article, Video, and Source:
Carmel on the Case: Guardians

AG Edmund Brown Recovers College Scholarship Funds Raided by Trustee

Mendocino, Calif-Attorney General Edmund G. Brown Jr. announced a settlement with James L. Harrison, 62, of Ukiah, after he “looted college scholarship funds” from a Trust intended to benefit female graduates of Ukiah High School pursuing careers in medicine.

Brown’s office, working with the Federal Deposit Insurance Corporation (FDIC) and the California Department of Financial Institutions, recovered both the principal and the interest-totaling over $650,000-owed to the Trust. In the settlement, Harrison agreed to a lifetime ban from serving as a charitable trustee or officer of a public benefit corporation.

“Harrison looted college scholarship funds intended to help women graduating from high school achieve their dreams,” Brown said. “Today’s agreement makes sure that he is never in a position to steal from a non-profit again.”

Full Article and Source:
Brown Recovers College Scholarship Funds Raided by Trustee

Caretakers Will Go to Trial

Two women have been ordered to stand trial on charges they stole almost $11,000 from an 83-year-old blind woman.

Patricia Christopher, 29, and Nicole Brautigam, 26, waived their right to preliminary hearings on theft and related charges Tuesday.

The women have pleaded not guilty to draining the victim's bank account instead of using it to pay her rent and personal needs.

Police began investigating when they received complaints about dogs in the home in November and found squalid conditions, including a broken water pipe, exposed wires, damaged heaters and open garbage bags.

Full Article and Source:
Caretakers of Blind Woman, 83, Will Go to Trial

Accused of Bilking Nursing Home Resident

A 37-year-old Alhambra woman was charged Tuesday with financial exploitation of an elderly person.

Meredith A. Sharp was charged with the felony count in Madison County Circuit Court.

Officials with the Madison County Sheriff's Department said it took a report involving Sharp last Dec. 17. A representative from Hitz Memorial Home, 201 Belle St., in Alhambra, contacted the Sheriff's Department. The person making the report said Sharp had been employed at the home, and officials there suspected she may have been committing fraud against one of its residents. Sharp no longer was employed at the home, the person making the report said.

A detective with the Sheriff's Department took the investigation and looked into other accounts belonging to the resident. The investigation determined that Sharp forged a signature of the resident to remove money from at least two different bank accounts belonging to the victim. The total amount allegedly taken under fraudulent circumstances totals more than $16,000. The investigation into Sharp's activities at Hitz Memorial Home is outgoing.

Bond was set at $75,000.

Full Article and Source:
Alhambra Woman Accused of Bilking Nursing Home Resident

"Court-Ordered Hell"

Danny Tate wasn't in court in early December to plead for the return of his constitutional rights. He couldn't be — not unless he wanted to be handcuffed and thrown into a lockdown psychiatric ward at Vanderbilt University Medical Center a third time, or shipped to some out-of-state in-patient rehab.

That's what he thought his estranged brother, David, seemed to have in mind. If that happened, Tate, a divorcee, could lose all custody of his two young daughters.

So instead of appearing in court as his fate was hashed out by opposing attorneys — both of whom, in a bizarre legal quirk, were clocking hours on his dime — Tate was at the Adventure Science Center with his little girl.

It had been a little more than two years since Tate's brother had petitioned the court for a conservatorship over him. This legal arrangement — in which the court declares someone incapacitated and a ward of the court after being presented with "clear and convincing evidence" — is akin to civil death. The ward loses control of his finances, his property, even his ability to enter into legally binding contracts.

The conservatorship allowed David to seize control of every aspect of his brother's life, from the royalty money he earns from album cuts, to the equipment at the studio where he composes talk show jingles, down to his cell phone, his car and his email account. Legally, Tate became a ghost.

How this hearing actually came about, though, is a mystery. There was no motion to set a hearing, according to court records. No process served to Tate. No police reports demanding urgent action. No one seemed to know anything about it except for Tate's brother and his attorney, Paul Housch.

And yet Judge Kennedy — with no evidence before him but David Tate's say-so, and with no notice or due process given to Tate himself so that he might contest the petition — allowed David to freeze Tate's assets in an ex parte "emergency" hearing, filings indicate. In the rap of a gavel, the ruling effectively removed every citizen's right Tate previously enjoyed.

Full Article and Source:
Court-Ordered Hell- How an Errant Judge and a Controlling Sibling Stripped Nashville Rocker Danny Tate of His Money, His Livelihood and His Legal Rights

Sentenced to Prison

Cindy Laws volunteered during much of her adult life, but she was placed into a prison program after taking money from elderly clients that she was entrusted to protect.

Laws, 48, was charged in March 2009 with felony abuse or neglect of a vulnerable adult for allegedly stealing from a 93-year-old client whom she was assigned to help by the Twin Falls County Board of Community Guardians.

On Tuesday at her sentencing hearing in Twin Falls, Laws apologized to county commissioners. The board of guardians had dissolved after her arrest.

Judge G. Richard Bevan explained this was a cost to the community, and sentenced Laws to a 180-day retained jurisdiction prison program, followed by a potential two- to six-year term of incarceration.

Laws filed an Alford plea, which in itself is not an admission of guilt. Her lawyer, George Essma, argued for probation, saying Laws was humiliated by the case and media coverage served as punishment for her.

Bevan explained that Laws has done “so many good things” in her life, but this crime, he said, has “tainted your reputation.”

Full Article and Source:
Laws Imprisoned for Stealing From Elderly

See Also:
Guardians Back in Business Soon

Ex-Pennsylvania Lawyer Charged With Theft

A former Delaware County lawyer who once admitted ripping off disabled veterans has been charged again for stealing money from his clients.

George Guyer Young III, 47, was charged with stealing funds that were due clients.

District Attorney G. Michael Green announced Young was charged with 20 counts of theft by failure to make required disposition of funds received, 20 counts of theft by unlawful taking or disposition, and 20 counts of receiving stolen property.

The charges stem from incidents that occurred between November 2005 through March 2007 in which authorities allege Young was pocketing money that was rightfully owed to his clients.

Full Article and Source:
Ex-Delco Lawyer Charged With Theft

Britney - Still Conserved

Britney Spears is getting rid of a few things. Her conservatorship isn't one of them.

Despite speculation that the 28-year-old pop star was heading to court Friday to get the ball rolling on ending her father's control over her financial and medical affairs, E! News has learned that such was not the case.

Instead, money—both to give and receive—was the order of the day.

At the request of Geraldine Wyle, attorney for the conservatorship, L.A. Superior Court Commissioner Reva Goetz agreed to seal today's proceedings because of the "medical and personal information" being discussed.

Following afternoon recess, Goetz signed off on the conservators' request regarding "the disposal of certain property" and their desire to auction off a dress Britney wore to the 2008 MTV Video Music Awards to benefit Haiti earthquake relief.

Full Article and Source:
Britney "Perfectly Satisfied" After Hearing Doesn't Free Her From Conservatorship

See Also:
Next Hearing For Britney Will Be Jan. 14

Farash Guardianship Litigation Continues

Farash Corp. and the trustees of assets belonging to real estate magnate Max Farash and his late wife charge in court papers that the couple’s daughter and grandnephew improperly diverted more than $12 million from the company and the ailing Farashes over a period of three years.

The allegations against Lynn Farash and Matthew Aroesty were laid out in two separate lawsuits filed in state Supreme Court on Tuesday by the company and the guardian of Max Farash in one case, and Canandaigua National Bank, the trustee of Marian Farash’s trust, in the other.

Speaking on behalf of Lynn Farash, her lawyer, Michael Wolford, said she was “disappointed” with the filing of the lawsuits because she believed the matters had been settled. He added that counterclaims would be filed against her parents’ trusts and the company.

The first lawsuit claims Lynn Farash and Aroesty, as self-appointed officers of the real estate company, squandered as much as $10 million by enriching themselves with excessive compensation packages, authorizing unnecessary work on company property, charging the company for non-business travel, and providing gifts, loans and other benefits to family and friends.

In the second lawsuit, the bank alleges that Farash and Aroesty abused their joint powers of attorney by improperly liquidating nearly $2.4 million in assets belonging to Marian Farash. The proceeds were transferred to an interest-bearing checking account in Marian’s name for which her daughter was the sole signatory, according to the lawsuit.

The court actions are the latest outgrowth of a protracted and contentious seesaw legal battle over the guardianship and wills of Max and Marian Farash since both were declared mentally incapacitated in April 2007. Max, 96, currently resides in a Webster nursing home. Marian died in July 2007.

In the last six months alone, a state judge sided with Lynn Farash’s bid to stop her father’s court-appointed guardian from selling off his Brighton estate and authorities brought criminal charges against Aroesty for allegedly stealing more than $50,000 from the company.

Full Article and Source:
Lawsuits Accuse 2 of Diverting $12M From Farasch Corp., Family Fortune

See Also:
Farash Daughter Fighting for Her Interitance

Mom Wins Child Back From Babysitter

On January 20, veteran family law attorneys Jeffery M. Leving and Arthur Kallow of the Law Offices of Jeffery M. Leving, Ltd. (http://dadsrights.com) won an important victory for a mother who had lost guardianship of her toddler son to the child's babysitter. Leving successfully obtained the dismissal of the entire guardianship proceeding brought by the babysitter against the mother. Cook County Probate Court Judge Gregory O'Brien issued an order granting Leving's motion brought on behalf of Monica Naide, the child's mother, alleging that the court lacked jurisdiction to award guardianship (custody) to the babysitter when the mother was fully capable of caring for her child.

Judge O'Brien's ruling brings a decisive end to an unusual case. In October, the babysitter, Karen Smith, filed a petition for guardianship and custody of Naide's son, Rodney Dennis, Jr., claiming that the mother had disappeared, the father was unknown, and that the babysitter was the child's maternal aunt. The mother disputed each of these claims. On November 24, 2009, attorney Jeffery M. Leving successfully petitioned the court to vacate the order of guardianship and custody to the babysitter, which paved the way for today's resolution of the case.

"This is an important order," said attorney Arthur Kallow. "It reaffirms the superior rights of parents to raise their own children in America."

Full Press Release and Source:
Mom Wins Child Back From Babysitter

Social Services Approved Pimp as Guardian

The Prince George's County Department of Social Services approved a pimp to be the guardian of a 12-year-old girl three months after he started selling her for sex on the streets of Washington, court documents show.

Shelby Lewis has pleaded guilty to taking four girls from his Temple Hills home to D.C., where he made them to sell their bodies and then turn the cash over to him. Lewis has been jailed pending his March sentencing in D.C.'s federal court. The 42-year-old faces 15 to 20 years in prison.

Lewis admitted to starting his pimp business in March 2006. The first girl he sold for sex was a 12-year-old referred to only as "S.H."

In June 2006, Lewis "was officially permitted to serve as the guardian of S.H. by the Prince George's County Department of Social Services and her custodian, her paternal aunt, Gloria Sockwell," federal prosecutors wrote in court documents.

Full Article and Source:
Prince George's Social Services Approved Pimp as Foster Father

Press Release: Congressman Urges Investigation

FOR IMMEDIATE RELEASE: Jan. 21, 2010
CONTACT: HOLLY L. PEFFER,
hlpeffer@hotmail.com
P.O. Box 206 A, Derrick City, PA 16727
(814) 368-9165

CONGRESSMAN URGES INVESTIGATION INTO PA WOMAN'S DILEMMA

BRADFORD, Pa. – U.S. Rep. Joe Sestak (Rep.-7th District) is urging the Pennsylvania Department of Aging to investigate how a longtime Bradford resident has been held for nearly three years in an assisted-living facility in Florida against her wishes and those of her loved ones.

Rita Denmark, 79, who suffers from age-apparent dementia, is under a court-appointed Florida guardianship. However, she is a resident of Pennsylvania, and neither she nor her family wants her in Florida.

In a letter dated Jan. 12, 2010, Sestak urged Acting Department of Aging Secretary John M. Hall to “please also investigate this matter, since the question of residency appears to be an issue." Sestak further asked that he be informed of developments in the matter.

After exhausting her personal financial resources for legal fees and travel over the past three years, Denmark’s daughter, Holly L. Peffer of Derrick City outside Bradford, contacted the Congressman for help this month.

Peffer, herself certified by the National Guardianship Association Inc., said “There are currently pending motions and notices before both the Pennsylvania and Florida courts” arguing that the Florida court had no jurisdiction to appoint a guardian for a Pennsylvania resident.

A member of the National Association to Stop Guardianship Abuse, Peffer said of the situation: “I would not wish this nightmare on my worst enemy... I would have never thought this could happen to an individual in this country."

“It has been quite a learning experience, and when the Congressman’s letter arrived in my mailbox on Saturday my heart was filled with joy to know that my mother really does matter.”

Peffer said she has come to realize that her family’s situation is only one, of thousands of cases in the United States where guardianship of an elderly person appears to benefit only a professional guardian. It appears, these professional guardians are accountable to no one. Currently legally prohibited from contact with her mother, Peffer says she and other friends and family are sincerely concerned for Denmark’s health and well-being under this guardian's care for a variety of reasons, including conditions found during on-site visits to the facility where Denmark is being held and whether that type of facility is appropriate for Denmark at all.

Now, however, Peffer hopes that the attention from Sestak and the Department of Aging will see her mother home by spring.

###
PLEASE NOTE: Peffer has detailed records of the case history, and may be contacted for further information or interviews at the phone or addresses above.

Cryin' Judge Seidlin Turns Author

Hear about the new book coming out from former Judge (and RRA client) Larry Seidlin? It is -- surprise -- about the Anna Nicole Smith case, and its provocative title can be seen on the cover above.

"In his first book, The Killing of Anna Nicole Smith, retired judge Larry Seidlin unveils the truth behind one of the most watched trials in television history. Based on eyewitness accounts, trial transcripts, and confidential files, his three-year, in-depth investigation reveals what really happened on February 8, 2007, the day Anna Nicole Smith passed away."

A three-year, in-depth investigation, eh? Yes, our own Lightning Larry has always been known for his probing intellect and depthy research, at least when he wasn't speeding through dockets, playing tennis on the taxpayers' dime, or fleecing elderly neighbor Barbara Kasler out of hundreds of thousands of dollars.

Full Article and Source:
Cryin' Judge Seidlin Turns Author

See Also:
Seidlin Lawsuit Expanded

Nursing Home Worker Charged With Financial Exploitation

Meredith A. Sharp, 37, a former employee of the Hitz Memorial Home in Alhambra, was charged Tuesday with financial exploitation of an elderly person in a case that officials said cost a resident more than $16,000. Sharp had been jailed in lieu of $75,000 bond.

She resigned from the nursing home in December. Staff contacted authorities on Dec. 17, after the resident received a credit card bill with unexplained purchases that included furniture and a TV.

Full Article and Source:
Nursing Home Worker is Charged

Rita Hunter's Attorney Fees Appealed

Arguments before the Missouri Court of Appeals on Tuesday focused on fees charged by attorneys for Rita Hunter, former Jasper County public administrator, and whether the attorneys breached a responsibility to county wards.

R. Lynn Myers, representing Emma France and several other wards of the former administrator, contended that fees charged by Gayle Crane and then John Podleski were improper because there was no formal contract between the former administrator and the attorneys. Myers also contended that because wards’ money paid their fees, the attorneys had a duty to “represent” the wards that they did not fulfill.

Attorneys for Crane and Podleski argued that no written contract was required. And, they said attorneys would be guilty of a conflict of interest if they were expected to represent county wards along with the administrator.

Whether attorneys fees are reasonable, he said, is overseen by the probate judge.

Myers argued that the fact that attorney fees come from wards’ estates gives the attorney “some responsibility” to act for the benefit of that disabled person.

Reinbold said the payment of fees does not create an “attorney-client relationship.”

Full Article and Source:
Appeals Court Hears Arguments on Ex-Administrator's Attorneys Fees

See Also:
Ruling: Court Acted Properly

Limited Power, Resources Hampered PA Judicial Conduct Board

The state Judicial Conduct Board's decision to table an investigation into a misconduct complaint against two former Luzerne County judges came amid concerns about its staffing limitations and the notion that an outside law enforcement probe could lead to penalties stiffer than mere professional sanctions, an attorney for the board said in a court filing.

Still, the attorney, Paul H. Titus, failed to account for a nearly two-year vacuum of inaction from the time the board received its first anonymous complaint against the judges, Michael T. Conahan and Mark A. Ciavarella Jr., and when it turned the document over to federal prosecutors.

Judicial Conduct Board member Edwin L. Klett told a state panel last month that the board received the complaint accusing Conahan and Ciavarella of nepotism, cronyism and case-fixing in September 2006, but failed to take action until federal prosecutors requested a copy in June or July 2008.

The Interbranch Commission has subpoenaed Judicial Conduct Board officials to testify at a hearing Feb. 2 in Harrisburg. The Commission's attorney, Arthur H. Stroyd Jr., said he had not received the filing, but noted Titus' contention that the complaints are confidential, "would be consistent with the position they've taken."

Full Article and Source:
Limited Power, Resources Hampered Judicial Misconduct Investigation

See Also:
Denied

Judge Defers Sentence

A former Carmel woman was sent to prison for a 90-day evaluation to determine if she should be sentenced to a longer term for bilking her elderly mother out of $300,000 worth cash and property and abandoning her.

Lisa MacAdams, 53, was remanded into custody by Judge Terrance Duncan. Prison officials and psychiatrists will recommend whether she should be sentenced to prison or probation and jail time.

MacAdams and her daughter, Christi Schoenbachler, the victim's 30-year-old granddaughter, were convicted in a nonjury trial before Judge Terrance Duncan in November. Schoenbachler will be sentenced Jan. 29. The women could be sentenced to more than four years in prison.

In 2002, the 72-year-old victim moved with MacAdams to Carmel to be near Schoenbachler, who was part-owner of a Pacific Grove Pilates studio. The victim had money from the sale of her mobile home, an annuity worth $90,000, furniture, art and jewelry worth up to $200,000. Two years later, it was gone and she was abandoned at a local nursing home.

Source:
Judge Defers Sentence in Elder Case

See Also:
Found Guilty of Bilking More Than $300K

Wisconsin Debating Effects of Judicial Donations

Forcing judges off cases because of campaign donations would impair the public's ability to participate in judicial elections, says a proposed order by the state Supreme Court that could be finalized Thursday.

"Disqualifying a judge from participating in a proceeding solely because the judge's campaign committee received a lawful contribution would create the impression that receipt of a contribution automatically impairs the judge's integrity. It would have the effect of discouraging 'the broadest possible participation in financing campaigns by all citizens of the state' through voluntary contributions . . . because it would deprive citizens who lawfully contribute to judicial campaigns, whether individually or through an organization, of access to the judges they help elect," says the proposed order, which quotes from state statutes.

On a 4-3 vote, the court in October voted to adopt a rule that said campaign contributions and endorsements alone do not require judges to step aside in cases. They also approved a rule that said ads run by groups independent of a judge's campaign in and of themselves were not enough to require the judge to step aside.

The October vote showed how the justices felt about the new rules in concept, but to put them into effect they need to issue a written order. That order, which includes a detailed rationale for the rules, will be debated Thursday and could be approved then.

Full Article and Source:
Proposed Order on Judicial Donations Remain Up for Debate

Editorial: Setting a Judicial Example

When the Louisiana Supreme Court kicked Orleans Parish District Court Judge C. Hunter King from the bench in 2003, there was hardly any dispute that he was unfit for the robe. Among other violations, Judge King had threatened to fire court staffers if they didn't sell tickets for a campaign fund-raiser. As the Supreme Court said in booting him out, "honesty is a minimum qualification expected from every judge."

Now the court has decided to permanently disbar Mr. King, and it's good to see that a majority of justices want to set a higher standard for people who hold a law license. To that end, the justices also should aggressively discipline other metro New Orleans judges who have broken the law and the Code of Judicial Conduct, as well as the numerous attorneys who enabled their corruption.

Louisiana has been plagued by numerous cases of judicial corruption in recent years, and tough sanctions are needed to help deter further corruption and to restore the judiciary's image.

The court should be as aggressive in disciplining former Plaquemines Parish Judge William Roe, who was convicted last year of pocketing $6,000 in improper judicial reimbursements, and former St. Bernard Parish Judge Wayne Cresap, who last year pleaded guilty to taking bribes. The justices suspended both judges when they were charged, and neither should be allowed to practice law again. The Supreme Court also should disbar U.S. District Judge Thomas Porteous, who faces likely impeachment in Congress for taking cash from lawyers with cases in his court and lying under oath numerous times, among other offenses.

Corrupt judges, and the attorneys that enable them in violation of their code of conduct, have severely tarnished the judiciary's reputation in our state. Federal prosecutors have done their part in going after them. But systematic and relentless disciplinary action from the Supreme Court would go a long way in restoring Louisianians' confidence in our judicial system.

Full Editorial and Source:
Setting a Judical Example: An Editorial

See Also:
Former Judge Disbarred

Preying on the Elderly: An Age Old Problem Worsens

It's an old story with a couple of twists.

When we age, strength and memory decline and we depend more on others, who don't always do right by us.

What's new is that reports of abuse of senior citizens are increasing, and "abuse" has come to include theft.

Older people are being robbed by their children, grandchildren, caregivers, friends and strangers. It can be as devastating as physical abuse, since people on fixed incomes usually have little chance to recover from the loss of money and property.

It makes sense that seniors are targeted, since 70 percent of all the country's wealth belongs to people age 50 and older, said Marie Johnson, executive director of Senior Services of Stamford, a 101-year-old organization that helps seniors manage their money, offers financial aid and connects them to services.

According to the National Committee for the Prevention of Elder Abuse, half of those who steal from seniors are adult children and other relatives.

Full Article and Source:
Preying on Elderly: An Age-Old Problem Worsens

More "Judge" Problems in Luzerne County

Luzerne County Senior Judge Charles Joseph Rehkamp on Sunday was arrested on assault and harassment charges.

District Judge Donald Whittaker issued an arrest warrant for Rehkamp, 61, early Sunday after state police at Wyoming responded to a reported assault at Rehkamp’s residence Saturday night, state police said.

According to court papers, Trooper Matthew Slacktish responded to Rehkamp’s home at about 8:56 p.m. and interviewed Rehkamp’s wife, Valerie, who told him that she and the judge returned from dinner at about 8:15 p.m. and that she told her husband that he had not acted appropriately at dinner and asked him to sleep elsewhere for the night.

Valerie Rehkamp told police her husband pushed her down and started to choke her, she screamed and told him to leave, according to the paperwork.

The judge then allegedly confronted his wife’s son, Lee Elliot Egenlauf, of the same address, and left the home in his dark blue Ford Crown Victoria in an unknown direction. Valerie Rehkamp added that the judge had been drinking that night, the paperwork said.

Full Article and Source:
Judge Faces 2 Charges

Johnson and Johnson Accused of Drug Kickbacks

Johnson & Johnson paid kickbacks to the nation’s largest nursing home pharmacy to increase the number of elderly patients taking the antipsychotic Risperdal and several other medications, according to a complaint filed by the office of the United States attorney in Boston.

The payments violated the federal anti-kickback statute and led Omnicare, a pharmacy company specializing in dispensing drugs to nursing home residents, to submit false claims to Medicaid, the complaint charged.

The government’s civil complaint joins a whistle-blower suit against Johnson & Johnson brought by two former employees of Omnicare, which has headquarters in Covington, Ky.

Johnson & Johnson said it was reviewing the complaint and intended to address the government’s lawsuit in court. The complaint charges that Johnson & Johnson, based in New Brunswick, N.J., and two of its subsidiaries, Ortho-McNeil-Janssen Pharmaceuticals and Johnson & Johnson Health Care Systems, paid tens of millions of dollars to induce Omnicare to buy and recommend Risperdal for elderly patients as well as the drug maker’s prescription pain relievers Duragesic and Ultram, and the antibiotic Levaquin.

The complaint charges that Omnicare’s pharmacists engaged in intensive efforts to persuade physicians to prescribe the drugs from 1999 to 2004, a period in which the pharmacy’s annual purchase of Johnson & Johnson medications nearly tripled to more than $280 million, from about $100 million. During the same period, the pharmacy’s annual purchase of Risperdal rose to more than $100 million, according to the complaint filed in United States District Court in Massachusetts.

“Kickbacks in the nursing home pharmacy context are particularly nefarious,” Carmen M. Ortiz, the United States attorney for Massachusetts, said in a statement.

Full Article and Source:
Johnson and Johnson Accused of Drug Kickbacks

CA: Sacramento County In-Home Care in Jeopardy

About 22,000 low-income elderly and disabled Sacramento County residents are in the middle of a fight over state finances.

As part of his budget plan, Gov. Arnold Schwarzenegger has proposed eliminating IHSS, the state's fastest growing social services program, which pays caregivers to help the disabled and the frail elderly.

With the graying of the population, IHSS enrollment has soared, and so has its price. Founded in 1973, the program serves 400,000 Californians and will cost an estimated $1.5 billion this year.

Sacramento County spent $23.5 million on the program in 2009, up from $5.9 million in 2001.

Last year the governor also proposed eliminating the program, but a political and legal fight instead resulted in deep cuts.

With more cuts, or the program's elimination, on the horizon, administrators are scrambling to find alternatives. So far they've found none.

Full Article and Source:
California's Proposed In-Home Care Cutoff Leaves Few Options

How Federal Census Helps Seniors

What value will the upcoming federal census have on seniors? According to the Web site www.civilrights.org census data on age help policy makers target approximately $200 billion in federal funds and services to senior citizens. For examples both state and county agencies will use the data collected this year to forecast the number of people eligible for Social Security and Medicare.

Planners will also use the data not only to determine the number and location of hospitals, health service centers and retirement homes, but to ensure that comparable public transportation services are available in the future.

The Nutrition Education Program uses the data to help elderly persons obtain nutritionally sound meals through senior citizen distribution centers or via meals-on-wheels programs.

Funds are distributed through programs developed for people with disabilities and the elderly under the Rehabilitation Act.

Federal agencies use the collected information to award federal grants under the Older Americans Act based on the number of elderly people with physical and mental disabilities.

Full Article and Source:
How Federal Census Helps Seniors

Lokuta's Attorneys Say Due Process Ignored

Attorneys for former Luzerne County Judge Ann H. Lokuta accused a state discipline court of ignoring due process and fundamental fairness when it narrowly refused to hear new testimony in her misconduct case earlier this month, keeping her off the bench.

Those allegations centered on the president judge emeritus of the discipline court, Richard A. Sprague, who has remained on the case despite a conflict of interest with a Luzerne County corruption figure, Lokuta's attorneys said in a petition asking the court to reconsider its 4-3 ruling.

The attorneys, George A. Michak and Ronald V. Santora, renewed their call for Sprague to recuse himself from the case because he previously represented Drums attorney Robert J. Powell, who is accused of paying kickbacks to two former Luzerne County judges.

That relationship has compromised Sprague's ability to conduct a fair and impartial hearing, Michak and Santora said.

Sprague set up "straw arguments" at a November hearing on Lokuta's claim that the two former judges orchestrated her removal because she cooperated with federal investigators, and then, in his Jan. 14 opinion, "knocked them down while expressing incredulity and disdain," Michak and Santora said.

Powell pleaded guilty in July to paying $772,500 to the judges, Michael T. Conahan and Mark A. Ciavarella Jr.

Full Article and Source:
Lokuta Attorneys Say Due Process Ignored

See Also:
Lokuta Vows to Continue to Fight

Accused of Operating Ponzi Scheme

A 63-year-old East Helena man faces three felony charges for allegedly operating a Ponzi scheme involving millions of dollars and at least 20 investment clients in eight Montana counties.

Arthur Leroy Heffelfinger is accused of operating a pyramid promotional scheme, or Ponzi scheme, theft by common scheme and exploitation of an older person. He is accused of taking more than $2.02 million in funds.

Heffelfinger’s alleged victims included an elderly woman who suffered advanced dementia and cognitive impairment. After checks for the woman’s care at a nursing home bounced, it was found that Heffelfinger had allegedly deposited $97,000 of the woman’s money into his personal account instead of investing it.

Heffelfinger is being held in lieu of $100,000 bond.

Full Article and Source:
Local Man Accused in $2.02M Fraud Case

83-Year-Old Charged With Financial Exploitation

Martha M. Carlton, 83, of Benton appeared Tuesday in Franklin County court in Benton with her attorney Terry M. Green to hear charges filed against her.

A warrant for her arrest was filed on Dec. 21, 2009.

Count 1 alleges that Carlton, a retired school teacher, while serving as an agent of Inez Cunningham pursuant to a power of attorney, knowingly and deceptively obtained control over assets and resources of Cunningham amounting to $7,000 in U.S. currency.

The charge alleges that Carlton illegally used the assets for her own purposes and prevented Cunningham from learning about her actions by retaining all of Cunningham’s documents until on or about July 2009 in violation of Illinois Compiled Statues.

Count 2 alleges that Carlton committed the offense of unlawful financial exploitation of an elderly person on June 14, 2006, by creating a legal fiduciary relationship with Cunningham.

According to court records, Cunningham is over 90 years of age.

Both counts are considered Class 1 felonies.

Full Article and Source:
Woman, 83, Appears in Court On Financial Exploitation Charge

New Hampshire Rejects Assisted Suicide

The New Hampshire House of Representatives on Wednesday rejected a bill that would have legalized assisted suicide.

Lawmakers voted 242-113 to kill the measure. In November, the House Judiciary Committee had recommended against passing the bill by a wide margin, 14-3.

HB 304, introduced by Representative Charles Weed, would have allowed a "mentally competent person who is 18 years of age or older" who was deemed terminally ill to request a fatal drug through a written request.

"It's not the function of government to encourage suicide in the young or the old," said Committee Republican Rep. Nancy Elliott in November. "It's a prescription for elder abuse."

Full Article and Source:
New Hampshire House Strikes Down Assisted Suicide

Too Many Antipsychotic Drugs?

Nursing homes where there is a record high rate of antipsychotic drug prescriptions in the previous year are more likely to prescribe antipsychotic agents to newly admitted older adult patients, even when there is no clinical indication that the patient needs this therapy.

In 2007, almost one-third of U.S. nursing home residents received antipsychotic drugs, raising serious concerns about the safety of their use. In 2005, the Food and Drug Administration issued warnings regarding the risk of death among older adults with dementia being given these agents to control behavioral symptoms. A large clinical trial recently concluded that the adverse effects of atypical antipsychotic drugs outweighed the benefits in patients with Alzheimer's disease.

The study suggests that organizational culture at some nursing homes may encourage the prescribing of antipsychotics. "Future research is needed to determine why such a prescribing culture exists and whether there are adverse health consequences as a result of our observed facility-level antipsychotic prescribing rate," they concluded. "This study may also inform future policies to target nursing homes with high antipsychotic prescribing rates to improve quality of care for nursing home residents."

Full Article and Source:
Too Many Antipsychotic Drugs?

Rothstein Racked Up 20 Million Amex Points

Ponzi schemer Scott Rothstein apparently never left home without his American Express card.

Rothstein racked up 20,920,701 rewards points on his Amex card -- and the feds want to grab them all to help pay back his victims.

Rothstein -- a disbarred Fort Lauderdale lawyer charged with selling $1.2 billion in bogus legal settlements over the past four years -- used a lot of that money to pay his Amex bill, according to a new court filing. It did not outline what he bought to rack up such an enormous tally, but his gold toilet seat, flashy jewelry, powerboats and fleet of foreign sports cars are all possibilities.

Full Article and Source:
Scott Rothstein Racked Up 20 Million Amex Points

See Also:
Scott Rothstein's Co-Workers Could Face Charges

Discipline Action Goes to Ohio Supreme Court

The Ohio Supreme Court's disciplinary review board has recommended Cuyahoga County Common Pleas Judge Daniel Gaul be suspended from practicing law and, in effect, removed from the bench for one year for violating judicial codes.

But the court's Board of Commissioners on Grievances and Discipline also recommend the yearlong suspension be stayed, which would allow Gaul to continue working. His case now goes before the full Supreme Court, which will later determine whether to accept the board's recommendation or come up with a sanction, if any, of its own.

Gaul is being penalized for threatening to jail a defendant in an assault case if the 83-year-old victim did not show up to testify in a 2007 case. Gaul had feared that the elderly victim, Emma Ingram, had been intimidated to not appear in court to testify against her attackers.

The disciplinary board, however, said Gaul's threat violated the state's Code of Judicial Conduct and Rules of Professional Conduct. In particular, the board said Gaul violated canons that require judges to promote public confidence in the judicial system and requires them to be unbiased and not make public comments that might impact the fairness of a case.

Gaul, who did not deny threatening to jail the defendant, Jeffrey Robinson, has said that he was acting in the best interest of the public and the justice system by attempting to prevent witness intimidation. He also alleged that he was being tried by the board because of a personal vendetta against him by the Supreme Court's disciplinary counsel, Jonathan Coughlan. Coughlan denied the accusation.

Full Article and Source:
Disciplinary Board Recommends One-Year Suspension for Cleveland Judge, but Penalty Would be Stayed

See Also:
Before the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio

Cuyahoga County Common Pleas Judge Daniel Gaul Faces Disciplinary Hearing for Threatening Defendant With Jail After Witness Went Missing

"The Savvy Senior"

DID YOU KNOW THAT IN THE UNITED STATES TODAY, SOMEONE TURNS 50 every seven seconds, and over the next 25 years, the senior population in America (age 65 and older) will double from 35 million to over 70 million?

Source:
www.SavvySenior.org

Charged With Theft From Vulnerable Adult

A Red Wing woman accused of bilking a vulnerable adult out of more than $1,800 made her first court appearance.

Tara Christianson, 34, was charged in October with felony theft and exploitation of a vulnerable adult, also a felony.

According to a criminal complaint, Lutheran Social Services officials began investigating Christianson in February 2008 after a $500 church donation was flagged. Christianson had been assigned by LSS to help with the 50-year-old man's finances.

LSS turned the case over to a Department of Human Services investigator, who later referred the case to police after determining financial exploitation had occurred.

If convicted, Christianson faces a maximum penalty of 10 years in prison and $20,000 in fines.

Full Article and Source:
Red Wing Woman Charged With Theft From Vulnerable Adult

Michelle Cohen "Should Handle Her Own Affairs"

A probate judge in Denton County has ruled that a mentally ill woman, whose trust has dwindled from half a million dollars to about $50,000, should handle her own affairs.

Judge Don Windle announced his decision Tuesday after a daylong hearing to determine whether Michelle Cohen required a guardian for herself and her finances.

American National Bank, which oversees the Henrietta Neufeld Cohen Trust on behalf of Cohen, filed for a limited permanent guardianship of Cohen and the estate last June. The bank took on the role of trustee in 2008 from Wachovia. At the transfer, there was about $135,000 left in the trust.

After this week's hearing, there is unlikely to be much left in the trust.

Probate attorney Jack Wilburn testified that he expects the trust to be "zero or close to zero when everything is said and done."

In dismissing the case, Judge Windle said that there was little point in ordering restrictions when there was little of Cohen's money left to restrict.

He said he would leave it to Cohen to pursue attorneys to investigate whether any of the prior trustees breached their fiduciary duty during their oversight of the trust.

Full Article and Source:
Dallas Woman Left in Control of Trust After Bank Sought Guardianship

See Also:
Bank Files Guardianship

Denied

A federal judge Tuesday rejected an attempt by two former Luzerne County judges to indefinitely delay a series of civil lawsuits filed in the aftermath of the kids-for-cash corruption scandal.

U.S. District Judge A. Richard Caputo issued an order denying requests from former Judges Mark A. Ciavarella Jr. and Michael T. Conahan to postpone deadlines for pre-trial filings in the civil cases until after their criminal prosecutions are completed.

Caputo said judges' requests did not mesh with established law, which prohibits indefinite delays except in cases where the judges could be compromising their criminal defenses by filing required paperwork.

The civil lawsuits were filed in February on behalf of thousands of juveniles sentenced by Ciavarella during the life of an alleged corruption scheme - from 2003 to May 2008.

Full Article and Source:
Judge Denies Request From Ciavarella, Conahan

See Also:
PA Judicial Board Draws Heat

Two Iowa Business Men Get Prison Terms

A Johnson County judge this week sentenced two men to 18 months for a nationwide theft scheme that prosecutors say took more than $1 million from elderly customers.

Johnson County businessman Hermann Wilms, 74, and Kenneth Opstein, 86, of Sioux City, Iowa, each pleaded no contest previously to four felonies of making false information and to four misdemeanors.

Source:
Two Get Prison Term for Bilking the Elderly

IL Nursing Home Under Federal Investigation

A team of at least seven federal investigators has been scouring the records of a troubled North Side nursing home in response to Tribune reports and a Chicago alderman's complaints about problems in the facility.

The team from the Centers for Medicare & Medicaid Services, or CMS, has spent the week performing an unusual special audit and inspection of Somerset Place, 5009 N. Sheridan Road., that may extend into next week, government sources told the Tribune.

Federal officials declined to comment on the probe or what specifically investigators are targeting at the facility. But state Department of Public Health spokeswoman Melaney Arnold said federal authorities asked state officials to postpone their own enforcement actions against Somerset until the federal probe is complete.

"The facility has been a concern to the state and the feds," Arnold said.

Somerset's owners and administrators did not respond to requests for comment, but in the past they have defended the operations of the home.

Specializing in mentally ill adults, Somerset had 66 felons among its roughly 400 residents in December and has been cited repeatedly for patient safety violations, state records show.

Full Article and Source:
North Side Nursing Home the Target of Federal Investigation

Schwarzenegger Calls for Increased Policing of Health Care Workers

California Gov. Arnold Schwarzenegger called Friday for 107 new investigative staffers to improve the discipline of errant nurses and other health professionals, a rare push for more in a budget proposing less in almost every area.

The $12.8 million spending request came as Schwarzenegger proposed deep cuts throughout California government for the fiscal 2011 budget, which takes effect July 1. If approved, the additional staff would be paid from the individual budgets of health care boards, which are supported by licensing fees. The money would not come from the cash-strapped general fund.

The governor's proposal follows reports last year by ProPublica and the Los Angeles Times detailing how it took on average of more than three years to resolve complaints against registered nurses in California, even those accused of serious misconduct. The lag time allowed them to continue practicing and in some cases put patients in harm's way.

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Schwarzenegger's Budget Calls for Increased Policing of Healthcare Workers

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The Governor's Proposal

Bank Files Guardianship

Michelle Cohen is petrified about her upcoming court hearing. For weeks, she's been frantically calling attorneys in hopes of preventing a decision she fears will change her life.

A bank is asking a court to appoint a guardian for Cohen, who is mentally ill and who has a trust fund at the bank. But what Cohen wants is to be left alone. To live how and where she pleases. To spend her trust fund money on whatever she wants. To be like other people – those without a mental illness.

"I'm fully competent to handle my own affairs," said Cohen, a Dallas resident who turns 41 this month. "Nothing good will happen if I have a guardian. I'll probably wind up in a group home. I have a lot to fear about that."

American National Bank, which oversees the Henrietta Neufeld Cohen Trust, believes this is a case where it is warranted, filing for a limited permanent guardianship of Cohen and the estate last June.

At one point, the trust left to Cohen by her paternal grandmother was worth nearly half a million dollars. But when the Flower Mound branch of American National took it over last January from Wachovia, the account had dwindled to about $135,000. The balance is roughly $50,000 now, according to trust accounting records. The bank has been responsible for spending a portion of that in its attempt to have a guardian named.

After delays last fall, the case is now scheduled to be heard Tuesday by Judge Don Windle in Denton County probate court.

Since American National took over the account, records show the money has been mostly spent on the lawyers Cohen hired, lawyers the bank hired, extended-stay hotels, personal items and other living expenses.

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Dallas Woman Fights For Control After Bank Asks Court to Appoint Guardian