AG: Upstate nursing assistant accused of stealing from vulnerable adult

By Lorenza Medley

OCONEE COUNTY, S.C. (FOX Carolina) - Attorney General Alan Wilson announced that an Upstate nursing assistant has been charged with stealing from a vulnerable adult.

A release from Attorney General Wilson states that 31-year-old Constanza Athena Tate, of Anderson, has been charged with:

• Exploitation of a vulnerable adult
• Financial card fraud, valued at more than $500 in a six-month period

Constanza Athena Tate(Oconee County Detention Center)

The release states that a joint investigation by the Vulnerable Adults and Medicaid Provider Fraud unit and the Oconee County Sheriff’s Office found that Tate knowingly and willfully exploited a vulnerable adult.

According to investigators, Tate was employed as a Certified Nursing Assistant at Seneca Health and Rehabilitation Center, where the victim resided.

On Nov. 3, 2025, Tate fraudulently used the victim’s credit card number without permission. Investigators determined that Tate used the card number for purchases totaling more than $500 for her own personal gain.

The release states that the victim qualified as a vulnerable adult under South Carolina law during the period of the alleged misconduct.

Seneca Health and Rehabilitation Center reported the suspected financial exploitation to law enforcement and fully cooperated throughout the investigation, according to the release.

For both charges, Tate could face up to 5 years in prison. The exploitation charge carries a fine of up to $5,000. The fraud charge carries a fine of up to $3,000, according to the release.

Tate was booked into the Oconee County Detention Center on Friday, the release said. 

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AG: Upstate nursing assistant accused of stealing from vulnerable adult 

Texans Lose Millions to Crypto Scams

Written by Jake Lehrer 

Just the other day, I had a text warning me to pay a fine or else I was in trouble. The number, of course, looked like a randomly generated Facebook password. Over time, I’ve learned to ignore certain calls, delete certain texts, and yes, although this may sound rude, hang up on the A.I. trying to sell me health insurance.

Scams have always existed since people could deceive each other, and it just keeps evolving with new technology. In a surprising report by the FBI, cryptocurrency crimes are on the rise, and taking billions of dollars from consumers all around the nation. Texas was second in the nation for the amount of money lost to cryptocurrency scams in 2025.

According to an FBI report, in 2025, Texas consumers lost 1 billion in cryptocurrency fraud scams. $56 million of that was attributed to scammers having consumers deposit cash in cryptocurrency kiosks. That $56 million belonged to a total 1200 Texans scammed out of a significant amount of cash.

Those interviewed about the scams report that they deposited thousands to tens of thousands of dollars. One person reportedly put in around $100,000. Completely losing their money. Only a few were able to recover theirs.

The scam works like this: A consumer such as yourself gets a phone call from someone claiming they are from the police, bank, sheriff’s office, state agency, or other, and say that you either missed jury duty and have to pay a fine, or have an outstanding balance on an account, need to pay a toll violation, or whatever they can use that seems serious enough that you need to pay immediatly or risk consequences.

Scammers will provide documents and files that seem legitimate to trick consumers. They might even have personal info that they’ve gathered from the dark web. Once a consumer believes them, scammers direct their victims to withdraw cash and say they need to pay at a specific kiosk. They might even claim it is the official payment center for whoever they are impersonating.

These kiosks, found in convenience stores, gas stations, grocery stores, and other businesses, are cryptocurrency kiosks. They look like ATMs, and you can find them where you might find most ATMs.

If a consumer has not yet realized they are being scammed, they are directed to deposit the money, and their “fine” is covered. The cash is converted into cryptocurrency and goes to different digital wallets. Scammers will have the money bounce around with legitimate funds to look legitimate and avoid detection. After about 36-48 hours, consumers have no hope of recovering, and the money is lost.

Cryptocurrency kiosks are designed to allow people to convert cash into cryptocurrency. There are reportedly 4000 around the state of Texas, although with a lack of state oversight, it is not clear how many there actually are. Those who use crypto have digital wallets. Once cash is deposited, the consumer enters their digital wallet address.

While this seems a legitimate way for consumers of digital currency to transfer their hard cash for bitcoin, these cryptocurrency kiosks have become a staple for scammers, since these kiosks are not regulated by the state.

According to the Texas Tribune, in an article interviewing people who had been scammed, “Cryptocurrency is increasingly preferred by scammers because it is not subject to the same banking laws as traditional currency — especially in how it can be transferred internationally, where most scammers are based, according to law enforcement.”

Crystal Intelligence, a company that assists law enforcement with crypto fraud crimes, states that in Texas, “transmission of virtual currency alone is not money transmission.”

Additional crypto fraud crimes involve “investment schemes where victims buy fraudulent cryptocurrencies or use crypto to invest in fake businesses.” Or, scammers will build relationships or friendships with people online before attempting to scam them out of money.

There are mixed solutions proposed by Texas Legislators. While some seek to ban the kiosks altogether, others are skeptical about the state interfering in something that deals with the market.

Texas House Speaker Dustin Burrows has charged the Criminal Jurisprudence Committee in the Texas House to consider legislation on: “Fraud and Financial Exploitation of Elderly and Vulnerable Texans: Examine trends related to the crimes of fraud, financial exploitation, and abuse targeting elderly and vulnerable Texans, including crimes involving telecommunications and emerging technologies “

Texas Lt. Governor Dan Patrick has charged the Business and Commerce Committee of the Texas Senate to look into “Fostering Financial Technology Innovation: Evaluate the future of blockchain technology and cryptocurrency in the state of Texas and assess Texas’s coordination with federal rules. Assess how the state’s financial regulatory agencies respond to emerging financial technologies and business models, while prioritizing the protection of consumers. Examine the prevalence of virtual currency kiosks in Texas and make recommendations to support their use while protecting vulnerable Texans from scams.”

Texas has no regulatory oversight for crypto kiosk stands around the state. With a lack of an enforcement policy, Texas officials who can enforce cryptocurrency crimes are not trained to. There is a policy on market frameworks for cryptocurrency in the state of Texas. Texas has even bought a cryptocurrency reserve. But when it comes to fraud, Texas falls behind other states in meaningful legislation to protect consumers, especially from cryptocurrency kiosk scams.

There is federal legislation that has already been passed to regulate the crypto market, with another bill in the U.S. Senate that would aid in market regulation of cryptocurrency. But state agencies will still be responsible for enforcing cryptocurrency laws.

Texas Financial Crimes Intelligence Center states that the machines are mostly used for scams. Different Texas departments and legislators acknowledge they need better oversight regulations, while some local officials around the state would prefer Texas to ban these kiosks completely, as other states have done.

According to the FBI: “In 2025, the IC3 received more than 13,400 complaints reporting the use of cryptocurrency kiosks, with losses over $388 million — a 23% increase in complaints and a 58% increase in losses from 2024. More than half of the complaints involved individuals over 50, with losses over $302 million.”

It is important to report scams. Many do not report out of feeling embarrassed for being tricked. But we should not have that type of culture. Reportedly, 1 in 4 people have been scammed in their lifetime. Scammers target everyone, and they get more advanced in tricking us by the day. They will provide documents that look real, reveal they know personal information, and can make phone numbers look legitimate. People of all ages need to be vigilant against scammers.

According to News From the States: “No bank or government agency, including a court, police department, or licensing board, will ask for cryptocurrency or request payment through a crypto kiosk. If asked to do so, contact your local authorities.”

Lastly, if you are not sure if a phone call, text, or email is legitimate or not, contact the official offices (courts, police departments, DMVs, etc.) the person claims to represent.

The FBI has a fact sheet on how to prevent yourself from getting scammed, or how to identify if you or others are being scammed out of money:

“Spotting Indicators of Cryptocurrency Kiosk Scam

• Individuals reporting unsolicited contact and conversations by email, social media applications, or phone with individuals offering services or requesting payments in cryptocurrency,
• Individuals in possession of QR code documentation that they cannot explain or make themselves,
• Individuals making large cash withdrawals, especially for the first time, and requesting currency in large bill denominations,
• Individuals exhibiting confusion or nervous behavior when asked general questions about the purpose of a cash withdrawal, needing to pay a large expense in cash, or having a new financial advisor who requires cash,
• Individuals taking large sums of cash to a location with a cryptocurrency kiosk,
• Individuals talking on cell phones and exhibiting signs of confusion while making cash withdrawals from a financial institution or attempting to operate a cryptocurrency kiosk, and
• Individuals lingering at cryptocurrency kiosks and/or aiding individuals operating the kiosk.

Tips for Protecting Yourself

• Do not send payment to someone you have only spoken to online, even if you believe you have established a relationship with the individual.
• Do not follow instructions from someone you have never met to scan a QR code and send payment via a cryptocurrency kiosk.
• Do not respond to a caller who claims to be a representative of a company and who requests personal information or demands cryptocurrency. Contact the entity directly for verification.
• Do not respond to a caller from an unknown telephone number who identifies as a person you know and requests cryptocurrency.
• Practice caution when an entity states they can only accept cryptocurrency and identifies as the government, law enforcement, a legal office, or a utility company. No legitimate law enforcement or government official will call to demand payment via a cryptocurrency kiosk.
• If you are using a cryptocurrency kiosk and the kiosk operator calls you to explain that your transactions are consistent with fraud and advises you to stop sending money, you should stop or cancel the transaction.
• If you send funds via a cryptocurrency kiosk, be sure to keep any receipts or cryptocurrency transaction documentation.

Report It

If you believe you have been the victim of a scam involving a cryptocurrency kiosk, in addition to filing police reports with your local police department, file a complaint with the IC3 at www.ic3.gov. Please provide the following information, if available.

1. The transaction ID (TXID), wallet address where funds were sent, and location of the cryptocurrency kiosk.
2. Any information related to the subject, such as phone numbers, email addresses, domains, or aliases.
3. A description of the scam.”

By Jake Lehrer
Staff Writer

Full Article & Source:
Texans Lose Millions to Crypto Scams 

Violent Elder Abuse Attack on Sleeping Homeless Man in Arroyo Grande Park

 

Author: District Attorney
Date: 7/15/2026 10:12 AM

District Attorney Dan Dow announced today that Boaz Winslow Brigham and Malachy Damien Hayes, both residents of Arroyo Grande, were sentenced for the brutal and unprovoked attack on a sleeping homeless man in the middle of the night in March 2026.

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Boaz Winslow Brigham (21) and Malachy Damien Hayes (18) were sentenced on July 13, 2026, in San Luis Obispo County Superior Court after each admitted to violently attacking an elderly, homeless man as he slept in a public park in Arroyo Grande. Brigham pleaded guilty and Hayes pleaded no contest to felony elder abuse, and each admitted a great-bodily-injury enhancement and multiple aggravating factors. The enhancement makes the crime a serious and violent felony - a strike - under California's Three Strikes law.

The shocking crime was committed at approximately 1:30 in the morning while the homeless victim slept in a park under an outdoor picnic area that was under video surveillance. According to police reports and surveillance video reviewed during the investigation, at approximately 1:30 a.m. on March 20, 2026, Hayes and Brigham walked together to Elm Street Park, where the victim, Douglas Mark, was asleep in the park gazebo.

Surveillance footage showed Hayes approach Mr. Mark as he slept, stand over him, and urinate on him until Mr. Mark awoke. Mr. Mark told officers he was roused by liquid splashing on his face and body. As Mr. Mark struggled to his feet, Hayes advanced on him and began punching him in the head and face. Brigham then walked into view and joined the attack, with the two continuing to punch and kick Mr. Mark in the head, face, and body while he lay on the ground - all while Brigham continuously video-recorded the assault on his cell phone.

The force of the beating was such that Hayes' shoe flew off his foot as he kicked Mr. Mark in the head; Hayes paused to retrieve and put the shoe back on before returning to kick Mr. Mark in the head again.  Brigham also returned to kick Mr. Mark in the head a second time. Officers later observed what appeared to be dried blood on Hayes' shoe and knuckles, as well as swelling consistent with a hematoma on Brigham's hand, injuries consistent with repeatedly striking the victim. 

Records recovered from the defendants' phones further show that during and after the attack, the two young men could be heard laughing, egging each other on, and celebrating the assault - including high-fiving one another afterward - and that they later shared video of the incident with others through Snapchat, boasting about what they had done.

The San Luis Obispo County District Attorney's Office argued for the maximum sentence available under California law: seven years in state prison. However, after considering and following the sentencing factors published in the Rules of Court, the San Luis Obispo County Probation Department recommended probation with one year in County Jail rather than a state prison commitment.

Judge Crystal T. Seiler considered the arguments of counsel, the Probation Department's reports, letters submitted on the defendants' behalf, and the victim's statement to the court before ruling.

The Court found that the statutory presumption favoring state prison for a defendant who willfully inflicts great bodily injury was overcome by each defendant's youth, lack of significant prior criminal history, and willingness to accept responsibility by pleading to the charges.

The Court suspended the five-year state prison sentence for each defendant – a two-year base term on the elder abuse count plus a consecutive three-year enhancement – and instead placed both defendants on formal probation for four years, conditioned on serving 364 days in County Jail. The defendants were immediately remanded to the custody of the San Luis Obispo County Sheriff to begin their jail sentence. 

As a special condition of probation, both defendants are barred from using any social media platform, including Facebook, Instagram, X (Twitter), Snapchat, and Reddit, for the full four-year term of their probation. Given the defendants' age and the outsized role social media plays among their peer group, compliance with this restriction is expected to be a significant challenge for both men.

At sentencing, the victim addressed the Court directly. According to the District Attorney's office, he told the Court, “For this to be considered probation is outrageous ... my eyes were filled of blood, [I] get headaches ... have a brain injury ... What if I died? My brain is broken, it doesn't work right, I don't think right ... They ruined my brain.” He also said of the defendants, “They are devoid of any conscience,” and described watching video of the attack for the first time while in Court at the sentencing hearing as “hard to believe.”

District Attorney Dan Dow issued the following statement:

"This elderly man was homeless, asleep, and completely defenseless when he was humiliated and brutally beaten, leaving him with a permanent brain injury. He was especially vulnerable, and he is entitled to protection and dignity as a human being. Our office sought a state prison sentence because this predatory, recorded attack on a sleeping victim warranted the strongest response the law allows. Although we are disappointed that probation was granted instead of prison, we respect the Court’s authority and will continue to stand with victims and advocate for firm, just consequences for violent offenders.”

Restitution to the victim remains pending; a Restitution Status Determination hearing is scheduled for both defendants on September 14, 2026, in Department 9.

This case was investigated by the Arroyo Grande Police Department. The case was prosecuted by Deputy District Attorney Julie Antos. Victim Witness services have been provided by Victim Advocate Tristan Milledge and Witness Coordinator Eloiza Basinger.

Here is a copy of Boaz Brigham’s booking photo and his charging document.

Here is a copy of Malachy Damien Hayes’ booking photo and his charging document.

Please contact Assistant District Attorney Eric J. Dobroth at 805.781.5819 with any questions.
###
 

Source:
Violent Elder Abuse Attack on Sleeping Homeless Man in Arroyo Grande Park 

3 accused in elder exploitation case

By WALA Digital Staff

MOBILE COUNTY, Ala. (WALA) - The Mobile County Sheriff’s Office arrested three people following a months long investigation into the alleged financial exploitation of an elderly Mobile County resident.

A third suspect is being sought.

The investigation began in November 2025 after the victim’s daughter reported concerns that her elderly father had been targeted through fraud, extortion, forgery and theft, according to the sheriff’s office.

Detectives and the agency’s Special Investigations Unit reviewed financial records, executed court-authorized subpoenas, served search warrants for electronic devices and conducted interviews with victims and witnesses. Investigators say three people allegedly worked together between 2019 and 2025 to obtain money, real property and other assets from the victim.

Authorities said about $659,314 in assets — including the estimated value of two properties — was supported by available evidence and included in the criminal charges. Investigators believe the total loss approached $1 million, but said only losses supported by evidence and within legal timeframes were charged.

The Mobile County District Attorney’s Office approved the following felony charges:

Melissa Lynn Hobden: two counts of financial exploitation of the elderly (first degree), three counts of theft of property (first degree), and one count of identity theft.

Michael Lewis Crouch: one count of theft of property (first degree), one count of attempted theft of property (first degree), and two counts of criminal possession of a forged instrument.

Nora Powe Hobden: one count of theft of property (first degree) and one count of financial exploitation of the elderly (first degree).

The sheriff’s office said its Special Operations Unit executed a residential search warrant around 6 a.m. July 15, 2026, at 5515 Darring Street in Satsuma. Deputies took Melissa Hobden and Crouch into custody without incident, authorities said.

During the search, investigators recovered multiple cell phones, a laptop, a notebook believed to contain financial records, mail, handwritten documents, legal paperwork and property deeds containing the victim’s personal identifying information, the sheriff’s office said.

Authorities said Nora Powe Hobden was arrested at a separate location on Middle Road on July 15.

Sheriff Paul Burch said the case underscores the agency’s focus on protecting vulnerable residents. “Financial crimes against our elderly citizens are among the most heartbreaking crimes we investigate because they involve the abuse of trust,” Burch said in a statement.

The investigation remains active and additional charges are possible, the sheriff’s office said.

Anyone with information is asked to contact the Mobile County Sheriff’s Office at (251) 574-8633.

Full Article & Source:
3 accused in elder exploitation case

Mobile Alabama County Police Officer Accused of Gambling Away Most of Incapacitated Wife's Funds to Gamble at Mississippi Casinos

Written by :  Nagesh Rath 

Prichard, Alabama Police Sgt. Aaron Tucker, as well as his sister, have been removed as co-conservators of Tucker's wife. Former Saraland Police Officer Jackie Tucker was left incapacitated after being shot in the line of duty over a decade ago. 

A Mobile County Probate Judge determined that much of the money benefited her husband instead of Jackie.  A good chunk of that money was gambled away at Mississippi casinos, according to court documents. 

Court audits uncovered "numerous" red flags with the conservatorship, including the failure to report money received from fundraisers and a $343,000 Department of Justice benefit payment. The court also flagged "large amounts of cash" Aaron withdrew from the conservatorship account and checks he wrote to himself.

According to an August 6th 2025 court order, Jackie's conservatorship estate received $554,305, and by June 2022, nearly all of it had been spent.

The order also says Aaron purchased a $97,000 Mercedes Sprinter van that lacked accessibility equipment for Jackie and used conservatorship funds to buy a food truck for his "personal use."

Last year, Hartford Fire Insurance Company, which backed the conservatorship bond and paid money to Jackie's estate, was granted a $201,751 judgement against Aaron and his sister.

Hartford is now attempting to collect on its judgment. Court filings say the Prichard Police Department has not responded to the company's attempt to garnish Aaron's wages.  

The probate findings could potentially be referred to prosecutors or investigated as financial exploitation, theft or another offense.   Aaron Tucker is yet to be charged with any wrongdoing and has not publicly commented on the accusations.  

The Prichard Police Department has been under intense scrutiny over the past year.  

In 2025, the department opened an internal investigation after Prichard officer David Cunningham was arrested on kidnapping charges stemming from an incident in Mississippi. The department said it was reviewing whether Cunningham violated departmental policies, including operating a city vehicle across state lines.

Separately, local reporting has indicated that the Alabama Attorney General's Office and other law enforcement agencies have been conducting a broader public-corruption investigation involving the City of Prichard and matters connected to the police department. Public reporting has not identified all subjects or the precise scope of that investigation, and officials have released limited details.

Jackie Tucker's injuries have been described as catastrophic and permanent.  She has required years of intensive rehabilitation, ongoing medical care, and assistance with daily living.

Jackie was shot in the head on December 21, 2016 while reporting to a domestic disturbance call.  A male resident, later identified as Blake Richardson, opened fire on Tucker and another officer almost immediately upon their arrival. 

Despite the catastrophic wound, Tucker remained conscious long enough to draw her service weapon and fire back at Richardson, wounding him.  Richardson was able to flee the scene but police quickly took the wounded man into custody. He was pronounced dead after being transferred to an area hospital. 

Accounts honoring her service describe her actions after being shot as an extraordinary effort to protect herself and her fellow officer.

An attorney has now been appointed Guardian ad Litem for Jackie. 

Full Article & Source:
Mobile Alabama County Police Officer Accused of Gambling Away Most of Incapacitated Wife's Funds to Gamble at Mississippi Casinos 

One state is making it easier for grandma and grandpa to drink in their assisted living home

by Graig Graziosi

One state is making it easier for grandma and grandpa to drink in their assisted living home

Minnesota just passed a law that will make it easier for grandma and grandpa to imbibe and relax at their nursing homes and assisted living communities.

Governor Tim Walz signed the "Grandparents' Happy Hour" measure into law on Tuesday, according to CBS News.

The law will allow individuals living in assisted living facilities, nursing homes, and boarding care facilities to serve alcohol to residents during social events. The facilities have to notify the state of their intent to serve and adhere to the state's safety standards, but won't have to navigate the state's usual liquor licensing restrictions.

The law goes into effect on August 1. It's unclear how many facilities plan to implement alcohol into their social offerings.

The wording of the law makes clear that the alcohol offered is to be served, not sold, to residents; senior care facilities in Minnesota will not be turning into bars."

"[I]ntoxicating liquor may not be sold, offered for sale, or otherwise provided for any form of consideration," the law says.

While many states do allow limited service of alcohol in senior care facilities, the decision to serve largely is left to the discretion of the individual facility.

The legislation was reportedly inspired by Amira Choice, a senior living community, which offered happy hours for its seniors but couldn't legally serve alcohol because there was no apparatus in place for them to obtain a liquor license, CBS reports.

"Growing older shouldn't mean giving up the traditions and freedoms you've enjoyed your whole life," Walz said during a press event. "This law cuts unnecessary red tape so senior living communities can spend less time worrying about paperwork and more time creating opportunities for residents to celebrate birthdays, anniversaries, happy hours, and everyday moments together. It's about dignity, independence, and recognizing that community is an essential part of quality care," he added.

Anita LeBrun, an 82-year-old woman who testified on behalf of the legislation, celebrated the adoption of the law.

"Today we raise our glasses, not just for happy hour, but for independence," she said. "This law affirms that living in assisted living doesn't mean giving up the everyday pleasures that help us live life on our own terms."

She said that happy hours let seniors connect, laugh, and share stories from their lives.

"It brings friends together and helps make everyday moments special," she added.

Supporters of the law argue that it will provide seniors in assisted living or nursing homes with more freedom and opportunities to socialize within their communities. 

Full Article & Source:
One state is making it easier for grandma and grandpa to drink in their assisted living home 

Guardians are supposed to care for our most vulnerable. Why are exploitation cases skyrocketing?

Volunteers reviewing annual reports filed by guardians identified issues including 9 unauthorized property sales and dozens of unexplained financial transactionsNJ.com photo illustration | Canva

By Ted Sherman

She told a horror story of being taken advantage of by a woman long believed to be a friend.

The victim of a traumatic brain injury from years ago, she found herself in need of help after her husband who served as her caretaker passed away from kidney disease seven years ago. The friend offered to be her guardian.

Over time, however she said tens of thousands of dollars were siphoned from her accounts by the guardian.

“She took $62-to-$63,000 of my money,” said the 67-year-old now being represented by Disability Rights New Jersey, a state legal advocacy group that serves people with disabilities. She asked not to be identified because of possible retribution.

Other court-appointed guardians followed and she was forced to leave her home after being involuntarily placed in long-term care, prevented from making decisions for herself. Tax bills went unpaid and someone broke into the vacant house, causing major damage.

Her story is far from the only one of its kind in New Jersey.

More than a decade ago, the state set up a volunteer watchdog team to monitor the work of those entrusted with the affairs of elderly and disabled people. In announcing the monitoring program in 2013, state Supreme Court Chief Justice Stuart Rabner — who noted the rapid increase in the number of court-appointed legal guardians in New Jersey — said while most were caring and responsible individuals, that was not always the case.

“Unfortunately, some guardians have exploited the very people they promised to help,” Rabner said at the time.

Today there are more than 37,000 guardianships in place in New Jersey, overseeing more than $1.2 billion in reported assets, according to state judiciary officials.

And an examination by NJ.com of the number of cases red-flagged by the court’s monitoring program suggested that concerns about guardians exploiting others remain very real.

New Jersey Judiciary officials said the Guardianship Monitoring Program’s volunteers reported 694 so-called “escalated concerns” to judges in calendar year 2025 — more than two and a half times as many in 2024, when 252 were reported.

Those issues in 2025 included nearly 90 cases brought to the attention of the court citing “inappropriate, un-itemized, or unexplained disbursements.” Another 80 cases involved inconsistencies in the reporting of income or assets and 30 which found incorrect calculations of fees or commissions.

There were nine reports of property sales without required court permission.

A guardianship is a legal relationship created when a judge grants a person or entity the authority and responsibility to make decisions in the best interest of an individual who may lack the capacity to make decisions concerning their living needs or property.

There are no court-set fees paid to guardians, experts say. However, guardians are entitled to take annual commissions from an incapacitated persons estate at a rate fixed by statute.

Guardianships are not typically a matter of public record. But they can come to light when they involve high-profile celebrities, such as former talk show host Wendy Williams, or when someone blows a whistle on questionable dealings.

In more recent remarks before the New Jersey Bar Association this past May, Rabner said there are still “too many reported cases over the years of guardians who commit acts of abuse and fraud.”

Rabner said 70 active volunteers review the annual reports filed by guardians with each county’s surrogate’s office.

“They have identified and escalated concerns that might require follow-up action,” he said. “Judiciary staff, in turn, relay problematic information to judges who can bring guardians into court, possibly replace them, and, in rare instances, report a matter to the prosecutor’s office.”

According to judiciary officials, improved reporting and data analytics methodologies could be behind the increased numbers of escalated concerns now being reported to judges.

Others who regularly deal with guardianship cases, though, were not so sure.

Attorney William Friedman of Gaeta & Friedman in Rutherford, whose practice includes estates and trusts, said he has watched the judiciary steadily try to put in more reporting requirements, “which indicated to me even before Justice Rabner acted that there’s a problem.”

At the same time, Friedman noted the population is aging.

“We’re getting more and more guardianships,” he said.

Among the more notorious past cases in New Jersey was an attorney-guardian who stole $2.6 million from nearly 60 incapacitated people and a minister serving as a guardian who embezzled $200,000 from 19 individuals.

Nationally, the Senate Special Committee on Aging raised the issue of guardianship abuse in a 2018 report that found some have used guardianship proceedings to obtain control of vulnerable individuals “and then used that control to liquidate assets and savings for their own benefit.”

The committee said once a guardianship is imposed, there are few safeguards in place to protect against individuals who choose to abuse the system. It called for greater oversight. At the same time, it said few states are able to report accurate or detailed guardianship data.

When Rabner announced the state’s volunteer guardianship monitoring program in 2013, he cited a national AARP survey that noted from 1990 to 2010, “hundreds of allegations of physical abuse, neglect and financial exploitation by guardians were reported.”

An AARP spokesman said the group has not revisited the issue in recent years.

The lack of information on guardianships was similarly highlighted in a 2016 report by the U.S. Government Accountability Office, which said the extent of elder abuse by guardians nationally was unknown due to limited data.

New Jersey Assemblywoman and Deputy Speaker Carol A. Murphy, D-Burlington, who chairs the Assembly Health Committee, said more needs to be done.

Murphy has sponsored a bill for the past three legislative sessions, A4224, that would establish a guardianship monitoring program in Office of Public Guardian for Elderly Adults. Under the bill, that office would be designated as an “interested party” that must be served with the periodic reports that must be filed by a court-appointed guardian.

The measure has never made it out of committee.

One of her concerns is that a court-appointed guardian who is not a family member has no personal investment in the ward’s well-being.

“You want someone you know is going to take care of you,” said Murphy.

The woman being represented by Disability Rights New Jersey is no longer under the guardianship of her former friend. But she is still trying to recover from what she said was taken from her.

Disability Rights New Jersey, she said, succeeded in finally having her declared competent and she hopes to sell her damaged home, now worth far less than it once did, and move into her own apartment.

“All the money that was taken from me is just horrendous,” she said. 

Full Article & Source:
Guardians are supposed to care for our most vulnerable. Why are exploitation cases skyrocketing? 

Judge Grants $3M to Incapacitated Adult Film Actress’ Mom

A judge has approved a $3 million settlement on behalf of a woman and her daughter, who is a former adult film actress but now-incapacitated, against the Malibu rehabilitation center where her offspring allegedly was left in a vegetative state in 2024 because oxygen to her brain was curtailed.

Santa Monica Superior Court Judge Susan Bryant-Deason gave her nod to the accord involving defendant Summit Malibu after attorneys for Yesenia Lara Cooper, mother of Litzy Lara Banuelos, accepted a reduction in their requested fees to be deducted out of the settlement from $1.2 million to $1 million. Banuelos was addicted to ketamine and previously had a failed stint in a drug rehabilitation facility, according to her attorneys’ court papers. Both she and her mother were plaintiffs in the case.

A judge’s approval of the settlement was needed because Banuelos is incapacitated.

In a previous sworn declaration in support of the lawsuit resolution, plaintiffs’ attorney James A. Morris Jr. said hard work was involved in reaching the accord.

“Having lived and breathed this case for nearly two years, I can state with confidence that Ms. Banuelos is significantly injured, but that this case was no slam dunk,” Morris said. “No one knows what exactly happened to Ms. Banuelos or whether defendants could have done anything different to prevent the injuries from happening, given Ms. Banuelos’ fragile state as a ketamine addict when she entered their facility.” 

The lack of oxygen to Banuelos’ brain has caused an anoxic brain injury from which she will never recover, according to Morris, who further says that she cannot move her body and is “effectively frozen.” She sometimes opens her eyes, but does not always track movements, and she occasionally grunts, according to Morris.

At one point specialists offered the theory that a latent infection Willis could have possibly gotten while in the adult film industry may have caused her health issues, Morris says.

Banuelos was known in the industry as Emily Willis. She was a Penthouse Pet of the Month in May 2019 and won multiple Adult Video News awards, including Female Performer of the Year in 2021.

In their previous court papers, Summit Malibu lawyers said Banuelos shared blame for what occurred to her health.

“It is undisputed that during her stay, Litzy had refused to follow medical recommendations and take her medications,” according to the Summit Malibu attorneys’ pleadings. “She refused to go to urgent care or the hospital voluntarily, despite being encouraged to do so by (Summit Malibu).”

While Cooper contended that Summit Malibu should have forced her daughter to go to urgent care or a hospital despite the young woman’s refusal, the facility had no authority to do so, according to the rehab center’s lawyers.

Summit Malibu’s attorneys also said there was no evidence of any negligence on the staff’s part regarding Banuelos’ care given that Cooper’s own lawsuit states her daughter was regularly monitored and seen by the staff.

Nonetheless, Cooper alleged Summit Malibu was lax in her daughter’s care. Willis, now 27, was at the facility for treatment of a ketamine addiction.

“As a direct and proximate result of (Summit Malibu’s) neglect, abandonment, recklessness and negligence in failing to provide care and treatment for Litzy, she suffered irreversible brain damage and permanent physical and mental incapacity, pain, suffering and emotional distress, among other damages,” the suit filed in December 2024 stated. 

Full Article & Source:
Judge Grants $3M to Incapacitated Adult Film Actress’ Mom

 

Federal Probe Charges Nursing Home Owner in Alleged $64M Medicare Fraud Scheme Involving Durable Medical Equipment

By Zahida Siddiqi

The former owner of an Illinois-based nursing home has been charged with healthcare fraud in connection with an alleged scheme involving more than $64 million in fraudulent Medicare claims related to durable medical equipment (DME). 

Rajiv Shah, who was the primary owner of St. Anthony’s Nursing and Rehabilitation Center in Rock Island, Ill., has been charged with a conspiracy to commit healthcare fraud and wire fraud, in connection with the alleged scheme, according to charges filed by the U.S. Attorney’s Office for the Southern District of Florida.

Shah also owned and operated ACC-Q Data LLC, a medical billing company that allegedly conspired with DME suppliers to submit fraudulent Medicare claims, the indictment states.

“Rajiv Shah and his co-conspirators submitted and caused the submission on behalf of the DME Companies of more than $64 million in false and fraudulent claims to Medicare, via interstate wire communications, for DME that was medically unnecessary and ineligible for reimbursement,” the indictment filing dates June 18 alleges.

Medicare allegedly paid the DME companies over $23 million for these claims, the filing further states, noting that the companies paid Shah a percentage of the reimbursements they received from Medicare totaling approximately $1.127 million from June 2019 through December 2025.

“We are the billing company. We just bill for different companies,” Shah told Skilled Nursing News. 

Prosecutors allege Shah advised the companies on how to avoid Medicare scrutiny and conceal the fraudulent nature of the claims.

However, Shah explained that he merely handled billing, was no longer involved with the companies after October 2023, and denied responsibility for the alleged $64 million fraud.

“Though I would have taken $1 million, the claim is $64 million. But those guys were already convicted,” Shah told SNN. “In the last few years, I didn’t keep tab of it because what happens in a medical billing business is that people come in, you do billing for two years, they sell the company or they buy another company or they start doing billing themselves. It is a completely turbulent industry. So, [with] all these people, I’m not done billing. I do not know any of them, where they are even from October 2023. That was the last billing I did for these four companies.”

Shah previously held more than a 90% ownership stake in St. Anthony’s from April 2022 until April 2026, he said.

The charges do not allege wrongdoing involving St. Anthony’s and are part of the Department of Justice’s (DOJ) 2026 National Health Care Fraud Takedown, a nationwide enforcement effort targeting hundreds of defendants accused of defrauding federal healthcare programs. Shah was indicted in June 2026.

The DOJ said the broader 2026 Health Care Fraud Takedown resulted in charges against 455 defendants, including 90 physicians and other licensed medical professionals, for schemes involving more than $6.5 billion in false claims.

The investigation also included provider suspensions, billing privilege revocations, asset seizures exceeding $182 million, as well as coordinated enforcement actions by federal and state agencies. tigation also included provider suspensions, billing privilege revocations, asset seizures exceeding $182 million, as well as coordinated enforcement actions by federal and state agencies. 

Full Article & Source:
Federal Probe Charges Nursing Home Owner in Alleged $64M Medicare Fraud Scheme Involving Durable Medical Equipment