Friday, November 7, 2025

Amended Filing: Elderly Couple Alleges Bank of America Enabled $18.5M Fraud

By: BlockTribune Staff Reporter

On Thursday, October 23, 2025, Lawrence Liu and Ling-Ling Liu filed a first amended complaint in the US District Court for the Northern District of California against Bank of America, N.A., alleging financial elder abuse, unfair business practices, and seeking a refund of unauthorized payments due to economic duress. The Lius, an 84-year-old man and a 76-year-old woman, claim they lost $18.5 million in life savings due to the bank’s negligence in preventing elder financial exploitation.

The complaint states that in July 2024, the Lius were targeted by fraudsters who, through psychological manipulation and fake government documents, convinced Mr. Liu to transfer his assets, first from Charles Schwab to Bank of America, and then to a cryptocurrency exchange account (Unchained Trading, LLC) controlled by the fraudsters. The funds were subsequently absconded.

The Lius assert that Mr. Liu was under severe economic duress, rendering him unable to exercise independent judgment. They argue that the wire transfer instructions were not voluntary acts but the product of unlawful coercion, making the payment orders unauthorized and voidable under California law.

The complaint highlights that elder financial exploitation is a growing national crisis, costing Americans billions annually. The Lius contend that financial institutions, like Bank of America, serve as critical gatekeepers in preventing these crimes, but often prioritize profits over their legal and moral obligations to protect vulnerable elder customers.

The Lius allege that Bank of America had knowledge, tools, and legal obligations to stop the fraud. They point out that a Bank of America branch in Walnut, California, recognized the fraud on August 1, 2024, and refused to process a $700,000 wire transfer. However, the bank failed to flag the suspicious activity, allowing Mr. Liu to request and have the same transfer authorized at a different branch in Diamond Bar, California, the next day. This was the first of seven increasingly large transfers approved over the following six weeks.

The complaint states that Bank of America lacked commercially reasonable security procedures, despite knowing the Lius were elderly, had never sent a wire transfer before, millions of dollars were suddenly flooding their account, one branch had already determined Mr. Liu was a fraud victim, and Mr. Liu was making increasingly large transfers to a cryptocurrency exchange. Instead of heightened scrutiny, the Lius were upgraded to “Diamond” status to profit from the increased account activity.

The Lius seek a refund of the unauthorized payment orders, compensatory and punitive damages, and equitable relief.

The complaint references a similar case, Rootenberg v. Charles Schwab & Co., Inc., highlighting the pervasive problem of financial institutions failing to protect elders. It also cites various advisories and guidelines from government agencies, including FinCEN, the Department of Justice, and the Consumer Financial Protection Bureau, outlining the red flags of elder financial exploitation and the obligations of financial institutions to detect and prevent it.

The complaint also refers to a December 2024 Office of the Comptroller of the Currency (OCC) Consent Order against Bank of America, acknowledging the bank’s failure to comply with the Bank Secrecy Act (BSA) and implementing regulations. The OCC’s findings point to deficiencies in internal controls, BSA officer oversight, independent testing, and training components of the bank’s BSA compliance program. 

Full Article & Source:
Amended Filing: Elderly Couple Alleges Bank of America Enabled $18.5M Fraud 

Rogers County Sheriff’s Office arrests elderly woman for abuse, solicitation for murder

(Rogers County Sheriff's Office)


OWASSO -- An elderly woman is behind bars after allegedly disconnecting her husband’s oxygen tank numerous times and attempting to find someone to kill him.

On Nov. 1, the Rogers County Sheriff’s Department arrested 73-year old Naomi Austin on complaints of Solicitation for Murder and Abuse or Exploitation by Caretaker.

Reports say, first responders were called to an Owasso home on Saturday after a 77-year old man told dispatchers his wife had intentionally disconnected his oxygen supply and was abusing him.

The report also states the husband told investigators Austin allegedly asked an individual to kill him. Deputies then interviewed the individual who confirmed that Austin attempted to facilitate her husband’s death.

First responders were called to the house previously in October because Austin refused to hook up her husband’s oxygen.

Deputies determined Austin willfully refused to provide proper care and deprived her husband of oxygen on numerous occasions. 

Full Article & Source:
Rogers County Sheriff’s Office arrests elderly woman for abuse, solicitation for murder 

Louisiana Caretaker Faces Charges After Exploiting Elderly Woman


BATON ROUGE, LA (KPEL) —A Louisiana assisted living worker was fired and arrested after stealing thousands of dollars from a disabled patient.

WAFB is reporting that the East Baton Rouge Parish Sheriff's Office arrested 31-year-old Kelsianna Smith on Monday after an investigation uncovered she had a history of exploiting an elderly resident at Holly Court Assisted Living and Memory Care.

The patient who is paralyzed and suffering from Alzheimer's became a victim when her caretaker began cashing forged checks, racking up over two thousand dollars in stolen funds.

Thankfully, the victim's daughter, who checks on her mother frequently, noticed several checks written from the account to Smith and immediately notified the authorities. 

The checks were deposited into two bank accounts that both belong to the Smiths.

Now, Smith has been booked into the East Baton Rouge Parish Prison and is facing exploitation of the infirm, eight counts of forgery, felony theft over $1,000, and two counts of bank fraud charges.

This is a developing story, and the KPEL News Team is working to provide additional coverage for Acadiana.  

Full Article & Source:
Louisiana Caretaker Faces Charges After Exploiting Elderly Woman 

Thursday, November 6, 2025

Nation's largest senior living operator agrees to renovate, change policies as part of settlement

By Candice Nguyen, Michael Bott and Michael Horn


Putting an end to eight years of litigation, the nation's largest senior living operator is agreeing to upgrade some of its facilities – by making them safer and more accessible for seniors – as part of a class action settlement in federal court last month. 

More than 80 families came forward as part of a lawsuit against Brookdale Senior Living, accusing the company of elder financial abuse, violating the Americans with Disabilities Act (ADA) and operating “a system of understaffed assisted living facilities that fails to consistently provide even the most basic level of promised care.”

Plaintiff Bernadette Jestrabek-Hart, who lives at Brookdale Scotts Valley, applauded the settlement, and described access issues endured by seniors with mobility issues.

“I have an electric scooter and they wouldn’t take my scooter on the bus,” Jestrabek-Hart said. “They kept telling me the ramp wasn’t strong enough.”

Under the terms of the settlement agreement, Brookdale must renovate three of its California facilities, including Brookdale San Ramon and Brookdale Scotts Valley in the Bay Area and Brookdale Brookhurst in Southern California, by bringing common areas and certain types of resident units into ADA compliance. Brookdale also agreed to make staffing levels more transparent and ensure its evacuation plans accounted for wheelchair-bound seniors at the San Ramon and Scotts Valley locations. 

Gay Grunfeld, co-lead counsel for the plaintiffs in the Brookdale suit, called the settlement historic.

“To my knowledge, [it’s] the first time that an assisted living facility in the United States has been required, albeit under a settlement, to make remediations, renovations to a facility to come into compliance with the national mandate with the [Americans with Disabilities Act],” Grunfeld said.

While Grunfeld said she was “pleased with the outcome,” she lamented the deaths of four plaintiffs during the litigation. 

“They were very important to us,” Grunfeld said.

The class action lawsuit isn’t the only instance where Brookdale has been accused of subpar care.

In 2021, Brookdale’s Napa facility was cited by the state for persistent staffing shortages and for failing to properly investigate after a resident fell 10 separate times and ended up in the hospital. That same year, state inspectors cited Brookdale’s assisted living facility in San Jose, stating staff took 44 minutes to call 911 after a resident showed stroke symptoms.

Brookdale says it has made corrections to address both violations. 

In 2022, California’s attorney general announced a $3.25 million settlement with Brookdale after alleging the company misrepresented the quality of care at 10 skilled nursing facilities in the state. Brookdale did not admit fault and said it settled the case due to rising legal fees.

Grunfeld said she hopes the entire senior living industry takes notice of Brookdale’s latest settlement. 

“This settlement sends a message to all assisted living providers here in California and nationally that the best practice and the national requirement is to comply with the Americans with Disabilities Act,” she said.

Brookdale sent a statement responding to the settlement, saying:

“We are pleased to have reached a settlement that is favorable to Brookdale and includes no finding of wrongdoing. While we continue to dispute the allegations, we can now move forward and stay focused on delivering high quality of care and services to our residents.”

Jestrabek-Hart said she’s already noticing a difference in how Brookdale Scotts Valley is addressing complaints from residents but hopes other senior living operators follow suit.

“I have friends now in other facilities that are having some of the same concerns,” she said. “So, if [those facilities] see that they really need to follow the ADA, maybe they'll start doing it.”

Brookdale has five years to complete the court-ordered renovations. 

Full Article & Source:
Nation's largest senior living operator agrees to renovate, change policies as part of settlement 

Montgomery Twp. Woman Wanted, Financially Exploited Elderly Resident: Police

by Justin Heinze,

Kavena Rashena Stover, 36, faces numerous charges, including fraud. (Montgomery Township Police Department)

MONTGOMERY TOWNSHIP, PA — Authorities are asking for the public's help in tracking down a woman wanted for exploiting an older adult in Montgomery Township.

Kavena Rashena Stover, 36, faces numerous charges, including fraud.

Police did not elaborate on specifics of hercase, but said that it involves financial exploitation of someone who was "care-dependent," either in a nursing home or receiving similar care.

Anyone with any information should contact Detective Todd Walter at 215-362-2301.

Full Article & Source:
Montgomery Twp. Woman Wanted, Financially Exploited Elderly Resident: Police 

Wednesday, November 5, 2025

Committee weighs proposed probate rule to allow immediate appeals of some court orders

This article was created by AI summarizing key points discussed. AI makes mistakes, so for full details and context, please refer to the video of the full meeting. Please report any errors so we can fix them. Report an error »

The Legislative Committee on Judicial Rules examined a proposed amendment to probate procedures (BRPP54A) that would identify specific probate and guardianship orders that may be appealed immediately rather than waiting until final disposition.

Joanne Ortell, presenting the proposal, said the amendment responds to instances where an interlocutory decision — for example, allowance to sell real estate — could be irreversible and therefore merits an immediate right of appeal. “If someone was upset by decision to sell real estate, they need to have the right to appeal immediately,” Ortell said.

Supporters told the committee the change would clarify when appeals are available; opponents — including two trial court judges who submitted comments — warned the amendment could encourage earlier appeals and thereby delay proceedings. As Ortell summarized, some judges “liked the idea, but they had concerns about whether it was premature to allow people to appeal. It would slow down the proceedings.”

Committee members proposed narrowing appeal windows to limit delay. Representative Allison (first name not specified in transcript) asked whether a “very tight window,” such as 30 days, could be required; Ortell said the normal 30-day appeal period likely applies and that she would “bring that to the committee’s attention for discussion in September.”

The committee did not vote to promulgate the rule at this meeting; Ortell said the Evidence/Rules committee will consider the matter again at its next rules meeting in September and that the Supreme Court has not yet been asked to promulgate BRPP54A.

Members emphasized the balance between clarifying litigants’ rights and avoiding procedural fragmentation. As Ortell put it: “People need to know what their rights are,” but others cautioned that creating appeal triggers could increase appeals and delay estate and guardianship matters.

The committee will revisit the proposed rule at its next rules meeting and may solicit language tightening appeal deadlines before deciding whether to recommend promulgation to the Supreme Court. 

Source:
Committee weighs proposed probate rule to allow immediate appeals of some court orders 

Family members and notary public accused of exploiting elderly couple


Story by Steve Berg

Four people have been arrested by the Tulsa County Sheriff’s Office, accused of a multitude of crimes against an elderly couple.

The Sheriff’s Office says 36-year-old Wesley Moheng (pictured above), 38-year-old Tasha Tygart, and 18-year-old Corey Carter (pictured below) moved into the elderly family member’s home last year to supposedly take care of them.

Instead, the Sheriff’s Office says Moheng and Tygart got control of the couple’s bank accounts and credit cards.

And they say Moheng - with the help of a notary public, 61-year-old Brenda English (pictured below), who was also arrested - claimed ownership of the couple’s home and vehicles.

The Sheriff’s Office says, around $400,000 dollars in money and property were stolen in total.

They also say Moheng and Carter physically assaulted the male victim.

Moheng is facing charges of Abuse by Caretaker, Abuse/Exploitation/Neglect of a Vulnerable Adult, Conspiracy to Commit a Felony, and Filing a False/Forged Instrument.

Tygart is facing charges of Abuse by Caretaker and Abuse/Exploitation/Neglect of a Vulnerable Adult.

English is facing a charge of Conspiracy to Commit a Felony.

Carter is facing a charge of Domestic Assault and Battery. 


Full Article & Source:
Family members and notary public accused of exploiting elderly couple 

Tuesday, November 4, 2025

Petitions to review, modify, or terminate a guardianship: New law establishes protective timelines


When a guardianship is no longer needed or circumstances change, families and individuals may face delays while waiting for a court to review their request. A new Pennsylvania law is designed to address that problem.

On October 27, 2025, Governor Josh Shapiro signed Act No. 39 of 2025 (House Bill 18; P.L. 129) into law. The act, introduced by Representative Jeff Olsommer (R-House District 139), further amends Section 5512.2 (a.1) of Title 20 (the Decedents, Estates and Fiduciaries Code) of the Pennsylvania Consolidated Statutes.

It defines the timeframe within which the court must schedule a review hearing upon receipt of a petition to terminate or modify the guardianship of an incapacitated adult person. Specifically, the new law requires the court to schedule the review hearing within 30 days of filing the petition to terminate or modify a guardianship, and the review hearing must take place within 60 days of filing the petition.

Limited extensions

The statutory revisions permit the court to continue the review hearing beyond the 60-day mark if the court makes a written finding that rescheduling the hearing is necessary to:

  1. Permit an interested party to participate;
  2. Permit counsel for the incapacitated person to participate and to be prepared;
  3. Allow for a capacity evaluation or a medical report to be completed or other medical procedure to occur; or
  4. Otherwise allow for all interested parties to be prepared for the review hearing.

The use of the word “or” in the statutory language indicates that the court is permitted to extend the review hearing beyond the 60 days should it make a written finding that any of the above circumstances exist.

Restrictions on repetitive filings

Additionally, this act permits the court to decline to schedule a review hearing when that request has been filed by the same interested party and a hearing has been held upon the same request within the past 180 days, unless the new filing raises new issues or facts for the court to consider.

These new requirements will take effect on December 26, 2025.

Context within broader guardianship reform

Act 39 builds on the state’s recent efforts to strengthen oversight and accountability in guardianship cases.

The statutes and the Orphans’ Court Procedural Rules governing guardianships have undergone significant changes in the past two years. This new statutory amendment follows the earlier and much broader modifications implemented by Act 61, which took effect in June 2024.

Act 61 included increased checks in the guardianship review context, among other things. Those included:

  • The requirement of an automatic review hearing where evidence presented at the original guardianship hearing indicates that the circumstances of the person’s incapacity may change.
  • The requirement of counsel for the incapacitated person during both the initial guardianship and review hearing stages of the proceedings.

 

Full Article & Source:
Petitions to review, modify, or terminate a guardianship: New law establishes protective timelines

Bond revoked for woman accused of exploiting elderly victim in Birmingham

by Josh LeBerte


Jennifer Aileen White, accused of financially exploiting an elderly woman, had her bond revoked after violating its terms.

White was initially charged in September 2025 for using deception to obtain control over property valued over $2,500 from Sheila Koren Simms.

While on bond, White was arrested on Oct. 19, for criminal trespass after being found asleep inside Simms' home, violating a no-contact order.

The State of Alabama filed a motion to revoke her bond, citing her continued criminal behavior and violation of court orders. A judge granted the motion on Oct. 28.

Full Article & Source:
Bond revoked for woman accused of exploiting elderly victim in Birmingham