Saturday, March 9, 2013

Financial exploitation charges dropped in plea deal

WOODSTOCK – Accused of exploiting the husband’s elderly father, a couple pleaded guilty Thursday to misdemeanor offenses, but the case was about a dispute between brothers over their father’s estate that should have been handled in probate court, a defense attorney said.

As part of a plea deal, Timothy and Rosemary Zink of Wonder Lake pleaded guilty to obstrucing a peace officer to avoid a trial, said Timothy Zink’s attorney, Dane Loizzo.

Full Article & Source:
Financial exploitation charges dropped in plea deal

"Against Her Will"

A cautionary tale of elder abuse and the system that perpetuates it. Two years ago John Wyman's mother Carol walked out of a nursing home in Rockford, Illinois. She had been placed there for the convenience of others, not for her own well-being and had suffered mentally, physically and emotionally.

When she ended up at John's home outside of Aspen, Colorado his journey began. Hairdresser by trade, rebel at heart, John took on the challenges of dealing with nursing homes, courts and family members to provide the best possible situation for his mother.

What he experienced woke him up to the inequities and injustices lurking in the systems which have been established to help our older population. He decided to share his story to make us all aware of the catastrophic possibilities that lie in wait if we don't take action to change these systems. A must read for all who may become old.

Available through Amazon

Friday, March 8, 2013

Dramatic 9-1-1 Call: Nurse Refuses To Perform CPR On Collapsed Elderly Woman

An elderly woman died after staff at a senior living facility refused to perform CPR on her after she collapsed in a dining room.

On a 9-1-1 tape, a dispatcher pleads desperately with a nurse to encourage her or anyone at the facility to perform CPR on Lorraine Bayless, the 87-year-old resident who was struggling to breathe. Over seven minutes elapse between when the original call was made and paramedics arrive, but the nurse repeatedly refuses to perform CPR or have someone else on site attempt to resuscitate her. Bayless later died at a nearby hospital, according to a local NBC affiliate KGET.

The call is hard to listen to if you're, like, a human. At one point Bakersfield Fire Dispatcher Tracey Halvorson pleads, "Is there anybody that's willing to help this lady and not let her die?" And the nurse can only muster up an awfully cold, bureaucratic response: "Not at this time."

Bayless was a resident at Glenwood Gardens, a senior living facility in a relatively well-to-do area of Bakersfield. Although there is a skilled nursing and assisted living facility at the site, Bayless lived in the "independent living" section. KGET described as an "apartment complex for seniors." There usually aren't nurses in this area of the facility.

What might be the weirdest twist is that no one in this story—except for the dispatcher, of course—seems at all fazed by what happened to Bayless.

Glenwood's executive director Jeffrey Toomer confirmed that the nurse was just following orders: "In the event of a health emergency at this independent living community our practice is to immediately call emergency medical personnel for assistance and to wait with the individual needing attention until such personnel arrives. That is the protocol we followed."

Full Article & Source:
Dramatic 9-1-1 Call: Nurse Refuses To Perform CPR On Collapsed Elderly Woman

Former Murrieta hospital employee to stand trial

A judge Thursday ordered a former nurse for a Murrieta hospital to stand trial on allegations that he performed sex acts with incapacitated female patients.
Judge Mark Mandio determined a prosecutor presented enough evidence in the preliminary hearing in the case against Paul Robert Simon, 53, of Murrieta, to indicate he is potentially guilty of charges that he took sexual advantage of three patients while he worked at Rancho Springs Medical Center in 2009 and 2010.
Authorities arrested Simon in early February and the Riverside County district attorney's office charged him with three counts of sexual battery on a medically incapacitated person and two counts of lewd or lascivious acts.
Full Article & Source:

AG's task force on elder abuse catalogs successes of past 2 years

PHOENIX - The Attorney General's office is touting the success its task force has had fighting elder abuse since its inception two years ago.

With this being Consumer Protection Week, Tom Horne is announcing the impact of the Taskforce Against Senior Abuse (TASA).

TASA has received more than 2,300 calls to report potential abuse, neglect or fraud.

Some of the results include:

-102 victims receiving restitution in a consumer fraud action against American Residential Services. 89% of the victims were senior citizens.

-5 telemarketing cases were filed and/or settled - cases in which seniors were persuaded to buy business opportunities, and one telemarketing case where seniors were solicited to buy an identity theft program.

Full Article & Source:
AG's task force on elder abuse catalogs successes of past 2 years

Thursday, March 7, 2013


Federal or state securities laws require brokers, investment advisers, and their firms to be licensed or registered, and to make important information public. But it's up to you to find that information and use it to protect your investment dollars. The good news is that this information is easy to get, and one phone call or web search may save you from sending your money to a con artist, an unscrupulous financial professional, or a disreputable firm.

The S.E.C. maintains a web page which is very informative: 
Protect Your Money - Check Out Brokers and Investment Advisers

Financial Advisor Input Sought On Fraud Against Elderly

Financial abuse of the elderly is running rampant in the country and is growing as the population ages. Yet, there are few consistent national standards for what financial advisors, who deal with the money elderly people have worked a lifetime to save, should do when they suspect abuse.

Thomas Fields, a resident of Mentor, Ohio, knows first hand what can happen in financial abuse cases. He has been battling the issue for more than two decades and is now asking financial advisors to assist him in his efforts to develop some kind of consistent standards.

Fields says his father was the victim of financial abuse before he died in 1991 when he was convinced to sign over his house to someone – an action he had repeatedly refused to do before he became seriously ill. The family spent thousands of dollars and countless hours trying to straighten out the mess. Fields would like others to be able to avoid this kind of problem.

Fields has lobbied for a protocol that would set out specific questions to be answered whenever financial abuse is suspected, including when someone is asked to sign financial papers while on a morphine drip.

Full Article & Source:
Financial Advisor Input Sought On Fraud Against Elderly

Registered Nurse and Disbarred Attorney Charged with Stealing More Than $2 Million from Elderly Woman’s Estate

ANCHORAGE February 28, 2013 — U.S. Attorney Karen L. Loeffler announced today that a registered nurse, formerly of Anchorage, and a recently disbarred California attorney were indicted by the federal grand jury in Anchorage, Alaska, of devising a scheme to obtain in excess of $2 million between May 2007 and August 2009 from the Trusts of Juanita Gielarwoski, now deceased.

Brian Ben-Israel, 53, of Duluth, Georgia, and Philip Eric Myers, 60, of Santa Barbara, California, were charged by the federal grand jury with one count of mail fraud and three counts of wire fraud. Ben-Israel was also charged with three counts of filing false tax returns.

According to the indictment, in 2006, Ben-Israel was a registered nurse residing in Anchorage and working at Meridian Psychiatric Consulting Group. Ben-Israel met and befriended Gielarowski and her daughter, who were both patients of Meridian Psychiatric Consulting Group; Ben-Israel became a health care provider and “financial advisor” to both. Myers, an attorney licensed at the time in the state of California, was versed in trust and estate matters. From at least 2004, Ben-Israel was a business partner and friend of Myers; Ben-Israel introduced Myers to Gielarowski and her daughter.

Full Article & Source:
Registered Nurse and Disbarred Attorney Charged with Stealing More Than $2 Million from Elderly Woman’s Estate

Wednesday, March 6, 2013

Editorial: Too Quiet in the Court

When is a public hearing not a hearing? When you can’t hear what’s going on, what’s the point of having a court hearing open to the public?

In probate court, the speakers are often so quiet you don’t have a clue what’s happening. In this court, many-a-fate of an older person is decided. Many elders are put under conservatorship, and lose their rights and freedom. Persons under conservatorship should have the right to be videotaped in this court.

An example of corruption was when my mother was placed under conservatorship – hundreds of thousands of dollars of her estate went to pay the fees of a profit-seeking network.

Family disunity was exploited. The court-approved evaluators said she had dementia – one said “likely of the Alzheimer’s type.” My mother’s choice of evaluator, a highly qualified neuropsychologist, Dr. Cheryll Smith of Montecito, and her doctor of 25 years, found her competent but this was ignored by the court. She was even given heavy-duty dementia medications, which she refused to take. When the second professional conservator resigned due to my “interference,” my mom was placed in the hands of the Public Guardian, who found her to be competent. The Public Guardian, who had no incentive to portray her in a negative light and plunder her estate, petitioned for the conservatorship to end.

Full Article & Source:
Too Quiet in the Court

Yet Another California Fiduciary Arrested For Elder Financial Abuse

Rod Hormell, a California Certified Senior Estate Planner, Elder Care specialist, located in Thousand Oaks, California, was recently arrested on suspicion of embezzling and laundering money from an 89-year-old client.

In October 2012 the Ventura County Sheriff’s Office received a report alleging that Rod Hormell, 56, had embezzled and laundered money from an 89-year-old client.

The report came from a relative of the client.

Hormell was arrested Feb. 19 at his business in the 900 block of BroadBeck Drive in Newbury Park. Hormell is accused of financial elder abuse and money laundering.

Full Article & Source:
Yet Another California Fiduciary Arrested For Elder Financial Abuse

Tuesday, March 5, 2013

Linda Kincaid Reports: Wildwood Canyon Villa imprisoned and isolated wealthy Alzheimer’s patient (Photos)

Elder abuse investigations at Wildwood Canyon Villa in Yucaipa, California continue to uncover heinous violations of state law and civil rights of residents. On February 25, 2012, Executive Director Lynnette Alvarado testified that she instructed Wildwood staff to prevent resident Jean Swope from seeing her family or calling her family for help.

Swope, who suffers from Alzheimer’s disease, was hidden at Wildwood against her will by a step-granddaughter. In June 2010, the step-granddaughter manipulated Swope into signing a new will and trust in favor of the step-family. The step-granddaughter testified that she instructed Wildwood to isolate Swope from her family to prevent family recovering Swope’s $1M estate.

Licensing regulations state that residents in residential care facilities have the right to leave the facility, have the right to visitors, and have the right to phone calls.

Full Article & Source:
Wildwood Canyon Villa imprisoned and isolated wealthy Alzheimer’s patient (Photos)

Brooklyn Doctor Accused of Massive Medicaid Fraud

Source: Brooklyn Doctor Accused of Massive Medicaid Fraud

Monday, March 4, 2013

2 men plead not guilty to bilking elderly Anchorage woman of millions of dollars

ANCHORAGE, Alaska — A former nurse and former attorney took millions of dollars from an elderly Anchorage woman's trust fund, federal prosecutors said.

Brian Ben-Israel, 53, and Philip Myers, 60, both pleaded not guilty Wednesday, the Anchorage Daily News reported (

In December, a grand jury indicted friends and business partners Ben-Israel and Myers for mail fraud. In February, jurors handed up a superseding indictment adding charges of wire fraud and, for Ben-Israel, charges of filing false tax returns.

Ben-Israel, once a registered nurse in Anchorage and now a Georgia resident, and Myers, a disbarred California lawyer still residing there, worked together to pilfer the accounts of Juanita Gielarowski, a longtime Anchorage resident and the widow of Thomas Gielarowski, documents said.

The two men emptied the Gielarowski trust, leaving Juanita destitute, according to court filings in a separate civil case. Without funds to pay for her in-home care, and with her house in foreclosure, Juanita was forced to live in a state-funded nursing home, where she died during the legal wrangling over the stolen money, according to the indictment and civil court filings.

Both men face up to 20 years in prison and a $250,000 fine if convicted, the U.S. Attorney's Office said.

Full Article & Source:
2 mean plead not guilty to bilking elderly Anchorage woman of millions of dollars

Ottawa County elderly abuse case file sent to attorney

Ottawa County prosecutor Mark Mulligan has yet to make up his mind on a possible $200,000 theft from the elderly case. But that’s not to say he hasn’t done anything. In an unorthodox pre-trial, pre-charges move, Mulligan sent a letter and all his evidence to the suspect’s attorney last week.

Mulligan refused to talk about his strategy on the record, but Wisehart confirmed he received a letter and a thick case file from the prosecutor.

“I’m going to review it over the weekend,” Wisehart said. “He wants to hear our side of the story.”
The controversy stems from a $200,000 debt accrued by a 62-year-old Marblehead jewelry shop owner over a period of two years. The funds came either directly from Shaeffer’s bank account or from credit cards in Shaeffer’s name.

The shop owner used Shaeffer’s cash and credit to buy jewelry, run her store and furnish her daughter’s apartment and to make “numerous day-to-day purchases including meals, utility payments, gasoline and clothing,” according to Danbury Township police Detective Mark Meisler’s investigative report.

Shaeffer’s family called it theft from the elderly. That’s what Meisler called it, too.
Wisehart maintains it was a business loan.

Full Article & Source:
Ottawa County elderly abuse case file sent to attorney

Georgia legislators focusing more on elder abuse

ATLANTA | When 300 retirees from across the state made the early morning bus rides to the Capitol to talk to legislators last week, Bruce Fletcher was among the 35 coming from Augusta.

As a member of the local Alzheimer’s Association board, he wanted to fight the hallway crowds to meet face to face with local lawmakers like Rep. Barbara Sims, R-Augusta, to ask for their support of senior-citizens’ issues this legislative session. They were recognizable by their purple T-shirts and stickers saying “4 Seniors.”

“We think it’s important to be here and let them see us,” Fletcher said.

From all observers, the reception at the Capitol is warm now compared to the recent past, partly due to the graying of the Baby Boom, improved longevity and the rise of women in leadership.

“When I was first in the House years ago, laws were more strict for animal abuse than for elder abuse,” said Sen. Renee Unterman, R-Buford. “I used to say ‘In Georgia it’s okay to kick your granny but not your dog.’ ”


Full Article & Source:
Georgia legislators focusing more on elder abuse

Sunday, March 3, 2013

Tonight on T. S. Radio: Gary Harvey's Birthday Bash, as per Chemung County

Join us for a show sure to boil your blood!

Gary Harvey celebrated another birthday in his room (prison cell) at St Joseph hospital. His wife was told she could "kiss him twice on the cheek" and could "hold his hand" as long as her hand remained absolutely still.......otherwise....these special privileges would cease immediately.

Special privileges? A wife kissing her husband? Holding his hand? And these are special privileges?

Chemung County should be forced to register the Case of Gary Harvey as a "for profit" venture. Gary has been a virtual cash cow for everyone who has their fingers in his case.

We have been following the tragic case of Gary and Sara Harvey for several years now. Gary, who suffered a head injury seven years ago in his home, has been held for ransom by Chemung County, New York. Also tapping into the case of "Gary Harvey--All for profit venture!" are numerous attorneys, probate judges and others all connected to the same law firm! What a coincidence!

5:00 PST … 6:00 MST … 7:00 CST … 8:00 EST

LISTEN LIVE or listen to the archive later!

The Forgotten Ones: Compassion for the Elderly

A little girl asked me once why children were adopted but no body adopted old people? I could not answer her question. I just cried and told her it was sad wasn't it? We held hands and I told her maybe if we just volunteered it would help.  ♥
~ Barbara Taylor Vaughan

Source:  The Forgotten Ones:  Compassion for the Elderly

New indictment accuses jailed lawyer of defrauding utility of millions

Jailed since November, when federal prosecutors accused him of a role in a claimed conspiracy to launder $600 million in Mexican drug cartel money, a once-prominent South Texas lawyer is now facing a new indictment issued Wednesday by a federal grand jury in El Paso.

Marco Delgado, 46, also known as Marco Delgado Licon, is charged with wire fraud and money laundering, accused of diverting $32 million that should have gone to a Nevada company into an offshore account he controlled in the Caribbean, according to the Pittsburgh Tribune-Review. Delgado reportedly brokered a deal in which the Nevada company, FGG, was to provide turbogenerators to a Mexican state-owned utility.

Delgado allegedly used some $1.5 million from the offshore account to purchase two homes and furnishings and to make a hefty contribution to Carnegie Mellon University, where he formerly served as a trustee. The feds are now seeking forfeiture of $2.5 million in cash, notes a KBTX article about the indictment.

Full Article & Source:
New indictment accuses jailed lawyer of defrauding utility of millions