2 lawyers disciplined for professional misconduct, one for sex with client

The Minnesota Supreme Court this week ordered the disbarment of an attorney from Blaine and the indefinite suspension of an attorney from Maple Grove for professional misconduct.
 

The decisions were taken after the Office of Lawyers Professional Responsibility filed disciplinary petitions.

Alan Albrecht, of Blaine, was disbarred for engaging in sexual activity with a client, giving legal advice while suspended from practicing law, being paid for unauthorized legal advice and lying during a disciplinary investigation.

Since he joined the state bar in 1988, he has been privately admonished 13 times, placed on supervised probation three times, twice suspended and most recently suspended indefinitely for a minimum of two years.

His latest violations included having sex with a client he was representing in a divorce and doing work on a bankruptcy case while suspended. When he was suspended indefinitely, the office sought to send a clear message that repeated misconduct will not be tolerated, the court order said.

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2 lawyers disciplined for professional misconduct, one for sex with client

West Orange Woman Sentenced to 2.5 Years for Bilking Elderly East Orange Resident

Shawn Craig

TRENTON, N.J. – Shawn L. Craig, 47, of West Orange, was sentenced on Wednesday to 2.5 years in federal prison for defrauding an elderly East Orange woman of nearly  $100,000. Craig took the woman's social security payments and also applied for a reverse mortgage on the victim's home.

After gaining power of attorney over the victim, Craig gained access to the victim's bank accounts and diverted monies for her own personal use and benefit of her own family. She paid her auto insurance, purchased a home bar; paid tuition, and entertainment expenses. The bulk of the funds in the woman's accounts were primarily Social Security benefits.

Craig then applied for the reverse mortgage, and after receiving the money, the U.S. District Attorney's Office stated that she "made purchases at stores like Gucci, Coach, Nike, Apple, Footlocker and various other shoe stores; paid  for meals and entertainment at restaurants, liquor stores and other establishments, including the Taj Mahal in Atlantic City, the Staples Center in Los Angeles and Amazing LA Tours in Santa Monica, Calif.; traveled to hotel in New Jersey, California and Florida; and paid personal bills, including automobile insurance, gas and electric, cell phone and cable bills."

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West Orange Woman Sentenced to 2.5 Years for Bilking Elderly East Orange Resident

Promise of romance led to fleecing of man, 82, authorities say

He was promised romance and sex in the Florida Keys, but instead, investigators say the 82-year-old man was ripped off by his companion, a 46-year-old Wilton Manors woman.

By the time the relationship soured, the man had given Michelle Nicholas a Lexus, bought her a luxury watch and financed a charge account for her, according to a Sheriff's Office complaint affidavit.

Nicholas is now facing charges of grand theft and elderly exploitation, records show.

According to the affidavit, Nicholas, a 5-foot, 250-pound blonde, gained the man's trust under "the false pretense of a relationship." However, because of his age and mental limitations, he is "unable to use proper judgment in making financial decisions," the affidavit says.

In late March, the man rented a car and paid all the expenses as he and Nicholas traveled to the Florida Keys for a sexual encounter, according to the report.

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Promise of romance led to fleecing of man, 82, authorities say

Letter of the Day (April 9): Exploiting the elderly

From Mickey Rooney to Maple Grove, we are reminded that elder financial exploitation has no boundaries. We remember Rooney, who died this week, not only for his films but for his courageous testimony before the U.S. Senate in March 2011. His riveting statement revealed his victimization by a stepson and stepdaughter, the millions of dollars taken and the emotional toll he experienced.

National statistics on the billions of dollars elders lose to financial crimes each year are staggering and growing. Here in Minnesota, County Adult Protective Services received 5,546 reports of financial exploitation in 2013, up from 3,900 in 2011 and 4,800 in 2012. And these do not take into account cases that were reported directly to law enforcement as thefts.

Financial exploitation is measured in dollars and costly consequences. Beyond the dollars, these crimes leave victims with depression, deterioration of physical health, loss of independence and a shortened life span. The private tragedies yield significant public costs in medical care and housing. When the city administrator of Maple Grove dismisses a City Council member’s conviction in a six-figure case of financial exploitation as a “family matter” (“Maple Grove official gets workhouse for exploiting dad,” April 8), this too-common misconception must be challenged. “Who gets Grandma’s pink sugar bowl?” is a family matter. Intentional financial exploitation of a vulnerable adult is a crime.

Iris C. Freeman, Minneapolis

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Letter of the Day (April 9): Exploiting the elderly

Mickey Rooney's legacy includes raising awareness of financial elder abuse

The legacy of Mickey Rooney, who died on April 6 in California at age 93, goes far beyond the silver screen. The prolific film star did a service for millions of elderly in this country by helping to publicize the scourge of financial elder abuse.  Whether it's fraudulent sweepstakes phone calls, investments, grandparent scams, or the far more insidious deceptions by neighbors, friends, employees, and relatives, such exploitation is rampant and on the rise. According to the Elder Justice Coalition, an advocacy organization, financial abuse costs its victims $2.9 billion a year, and the direct medical costs associated with elder abuse now exceed $5 billion.

In September 2011, Rooney's court-appointed conservator, Michael. R. Augustine, filed suit against the actor's stepson Christopher Aber, and the stepson's wife, Christina, alleging elder abuse and misappropriation of his likeness. The suit alleged that after Rooney let his stepson handle his personal and business affairs, the couple stole Rooney's money for their own use, kept him in the dark about his own finances, used threatening and abusive language, and refused him basic necessities like food and medicine. In October 2013, Rooney's conservator agreed to a $2.8-million stipulated judgment against the couple.

In 2011, Rooney testified before a Senate Special Committee on Aging, detailing his treatment. "Over the course of time, my daily life became unbearable," he said. "I felt trapped, scared, used and frustrated. But above all, I felt helpless."

Full Article & Source:
Mickey Rooney's legacy includes raising awareness of financial elder abuse

See Also:
Elder Abuse Lawsuit Filed on Behalf of Mickey Rooney

Court Hears Mickey Rooney's Allegations of Elder Abuse

Judge Extends Mickey Rooney's Restraining Order

Mickey Rooney Conservatorship

Mickey Rooney Reaches Settlement With One of his Stepsons

Mickey Rooney's Estate Goes to His Caregiver Stepson

Disciplinary Case Still Open Against Probate Judge Bender

A Fayette County Judge who is up for re-election this May is still in jeopardy of losing  his law license over several alleged counts of misconduct after the Supreme Court has yet to render an official sentencing.
Fayette County Probate Juvenile Judge David B. Bender is accused of failing to notify a client of his April 2011 appointment to the juvenile court, failure to appoint new counsel to a client’s case, and choosing to turn down a settlement in a then-pending case when instructed to do otherwise, among several other alleged acts of misconduct.
According to documents obtained by Fayette Advocate, Bender is accused of paying himself and several clients from an “IOLTA” account, also known as a lawyer’s trust fund, which allegedly violates professional rules of conduct for a lawyer.
He is also accused of violating “a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary.” Bender responded to the complaint in official court fillings denying the allegations. A disciplinary counsel heard the case on June 21 and rendered their recommendation to the Supreme Court in August.
The panel found as an aggravating factor that Bender acted with a selfish motive in attempting to exonerate himself from his malpractice but that he was remorseful about his misconduct. The panel said Bender demonstrated a cooperative attitude throughout the proceedings and investigation.
- See more at: http://fayetteadvocate.com/archives/15397/2014/04/08/disciplinary-case-still-open-against-probate-judge-bender/#sthash.IQrwpuTV.dpuf

A Fayette County Judge who is up for re-election this May is still in jeopardy of losing  his law license over several alleged counts of misconduct after the Supreme Court has yet to render an official sentencing.

Fayette County Probate Juvenile Judge David B. Bender is accused of failing to notify a client of his April 2011 appointment to the juvenile court, failure to appoint new counsel to a client’s case, and choosing to turn down a settlement in a then-pending case when instructed to do otherwise, among several other alleged acts of misconduct.

According to documents obtained by Fayette Advocate, Bender is accused of paying himself and several clients from an “IOLTA” account, also known as a lawyer’s trust fund, which allegedly violates professional rules of conduct for a lawyer.

He is also accused of violating “a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary.” Bender responded to the complaint in official court fillings denying the allegations. A disciplinary counsel heard the case on June 21 and rendered their recommendation to the Supreme Court in August.

The panel found as an aggravating factor that Bender acted with a selfish motive in attempting to exonerate himself from his malpractice but that he was remorseful about his misconduct. The panel said Bender demonstrated a cooperative attitude throughout the proceedings and investigation.

A Fayette County Judge who is up for re-election this May is still in jeopardy of losing  his law license over several alleged counts of misconduct after the Supreme Court has yet to render an official sentencing.
Fayette County Probate Juvenile Judge David B. Bender is accused of failing to notify a client of his April 2011 appointment to the juvenile court, failure to appoint new counsel to a client’s case, and choosing to turn down a settlement in a then-pending case when instructed to do otherwise, among several other alleged acts of misconduct.
According to documents obtained by Fayette Advocate, Bender is accused of paying himself and several clients from an “IOLTA” account, also known as a lawyer’s trust fund, which allegedly violates professional rules of conduct for a lawyer.
He is also accused of violating “a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary.” Bender responded to the complaint in official court fillings denying the allegations. A disciplinary counsel heard the case on June 21 and rendered their recommendation to the Supreme Court in August.
The panel found as an aggravating factor that Bender acted with a selfish motive in attempting to exonerate himself from his malpractice but that he was remorseful about his misconduct. The panel said Bender demonstrated a cooperative attitude throughout the proceedings and investigation.
- See more at: http://fayetteadvocate.com/archives/15397/2014/04/08/disciplinary-case-still-open-against-probate-judge-bender/#sthash.IQrwpuTV.dpuf

A Fayette County Judge who is up for re-election this May is still in jeopardy of losing  his law license over several alleged counts of misconduct after the Supreme Court has yet to render an official sentencing.
Fayette County Probate Juvenile Judge David B. Bender is accused of failing to notify a client of his April 2011 appointment to the juvenile court, failure to appoint new counsel to a client’s case, and choosing to turn down a settlement in a then-pending case when instructed to do otherwise, among several other alleged acts of misconduct.
According to documents obtained by Fayette Advocate, Bender is accused of paying himself and several clients from an “IOLTA” account, also known as a lawyer’s trust fund, which allegedly violates professional rules of conduct for a lawyer.
He is also accused of violating “a manner that promotes public confidence in the independence, integrity and impartiality of the judiciary.” Bender responded to the complaint in official court fillings denying the allegations. A disciplinary counsel heard the case on June 21 and rendered their recommendation to the Supreme Court in August.
The panel found as an aggravating factor that Bender acted with a selfish motive in attempting to exonerate himself from his malpractice but that he was remorseful about his misconduct. The panel said Bender demonstrated a cooperative attitude throughout the proceedings and investigation.
- See more at: http://fayetteadvocate.com/archives/15397/2014/04/08/disciplinary-case-still-open-against-probate-judge-bender/#sthash.IQrwpuTV.dpuf

Full Article & Source:
Disciplinary Case Still Open Against Probate Judge Bender

Atlantic Co. lawyer, owner of senior care company, charged with stealing millions from elderly clients

ATLANTIC COUNTY - Four women from Atlantic County allegedly stole millions from elderly victims in South Jersey.

Since 2006, the women allegedly stole over $2 million from at least 10 elderly victims - and of those 10 victims, only one is still alive.

Acting Attorney General, John J. Hoffman held a press conference in Voorhees Thursday morning and explained, "We are supposed to honor our elders - but these women heartlessly exploited them."

Barbara Lieberman, a prominent 62-year-old elder law attorney from Northfield, and Jan Van Holt, a 57-year-old owner of an in-home senior care company from Linwood, were arrested on charges that they conspired to prey on elderly clients and steal their life savings.

Hoffman explained, "These defendants simply bled these victims dry."

Officials say the defendants targeted senior citizens with substantial assets, who typically didn't have any immediate family, and would offer them non-medical care, including financial and legal services.

The women then allegedly took control of their victim's finances by forging a power of attorney. Officials say the accused women added their names to the victims’ bank accounts, or transferred funds into new accounts.

"The amount that the defendants stole is truly shocking.  They allegedly stole close to half a million just from this one Margate couple. And Lieberman allegedly stole more than $600,000 from another Margate resident - a woman who was in her 90s," e90'sained Hoffman.

NBC40 talked to a man who identified himself as Van Holt's son, who says his mom is innocent, and blamed Lieberman for his mother's incarceration.

Eddie Van Holt said, "My mom has not stolen any money from them.  It's Barbara who has done the wills and stuff. My mom was only paid for her services…She would always choose clients who had no family."

 But officials say both women allegedly referred clients to each other, and used the trust gained with their clients to ultimately, steal their life savings…a scheme that had been going on for years.

"What they did was nothing short of evil - even stealing from these victims after they had passed away," said Hoffman.

Van Holt’s sister, 58-year-old Sondra Steen of Linwood, and a former employee 55-year-old Susan Hamlett of Egg Harbor Township, who worked for them as an aid for elderly clients, were also arrested and charged in the case.  These two women were charged with second-degree theft by deception.

Full Article & Source:
Atlantic Co. lawyer, owner of senior care company charged with stealing millions from elderly clients

See Also:
Women from Northfield, Linwood accused of stealing assets of elderly

Human rights group to hold April meeting

DeKALB — A human rights volunteer group will meet April 15 to review any complaints about supposed violations of the rights of people with disabilities by public and private service providers.

The Northwest Regional Human Rights Authority of the Illinois Guardianship and Advocacy Commission will meet at 4 p.m. Tuesday, April 15 at Kishwaukee Hospital, 1 Kish Hospital Drive, Room #CC2, DeKalb.

The Human Rights Authority is a panel of volunteers that investigates alleged violations in the nine northwestern counties of Illinois.

Residents may report any rights violations at the meeting or by contacting the coordinator at the Rockford regional office at 815-987-7657.

Full Article & Source:

Human rights group to hold April meeting

Indicted Ohio judge's trial expected to be set

CINCINNATI (AP) — A southwest Ohio juvenile court judge accused of misusing county credit cards and backdating court documents is scheduled to appear in court Tuesday for a trial date to be set in her case.

Hamilton County Juvenile Court Judge Tracie Hunter has pleaded not guilty to nine felony charges of tampering with evidence, forgery and theft in office.

A similar hearing to set a trial date for Hunter was postponed last month after her attorney was replaced.

Hamilton County Court of Common Pleas Judge Norbert Nadel said at the time that Hunter's trial likely will be set for June or September.

After her indictment, Hunter suggested she was being targeted for being a black Democrat.

Full Article & Source:
Indicted Ohio judge's trial expected to be set

Mickey Rooney's Estate Goes to His Caregiver Stepson

Mickey Rooney's will calls for the bulk of his modest estate to go to a stepson who had been caring for him in his final years.

Documents filed Tuesday in Los Angeles Superior Court show Rooney signed his final will and trust on March 11, less than a month before his death.

The filing states Rooney's estate is currently worth an estimated $18,000. Rooney, who died Sunday at age 93, named his stepson and caretaker Mark Rooney and his wife as the sole beneficiaries of his estate.

He said he was a victim of elder abuse and financial mismanagement and went to live with Mark Rooney, repaying his debts and continuing to appear in movies.

Full Article and Source:
Rooney's Estate Goes to Stepson Who Was Caretaker

See Also:
Court Hears Mickey Rooney's Allegations of Elder Abuse

Residential care home owner, employee arrested in neglect case

 

The owner of a Jacksonville care facility and an employee have been arrested after investigators said a disabled resident was denied medical attention.

Leathia Bonner, owner of Herlea’s Residential Care Group Home at 3334 Sheridan Road, and staff member Linda Ginn are charged with neglect of a disabled adult, according to the Florida Attorney General’s Office, whose Medicaid Fraud Control Unit led the investigation.

The unit began its investigation after receiving information from the Department of Children and Families about the facility. Bonner, 47, and Ginn, 59, are accused of failing to provide medical attention to a group home resident who was subsequently hospitalized and is recovering, the Attorney General’s Office said.

Full Article & Source:
Residential care home owner, employee arrested in neglect case

Misconduct, trust account problems lead to lawyers’ discipline

Four area lawyers are among 29 recently disciplined by the Florida Supreme Court after investigations by the Florida Bar.

Corinda Lynn Luchetta, a St. Petersburg lawyer, was suspended for 91 days for displaying “a pattern of misconduct,” according to a Bar statement. Most recently, she did not respond to the Bar regarding a complaint alleging that she altered a marital agreement without consent, making it appear the client had signed the agreement.

She was suspended for 15 days in 2008 for failing to respond to the Bar in five out of seven cases.

Brandon lawyer Jeffrey Michael Lasman was suspended until further order. He was found in contempt for not responding to multiple grievances and avoiding service of a subpoena for trust account records.

Masable Larumbla Baker, a Clearwater lawyer, also was suspended until further notice because he appeared to be causing public harm by misappropriating trust funds. An audit determined his trust accounts totaled $613 when there should have been a balance of $122,000.

Full Article & Source:
Misconduct, trust account problems lead to lawyers’ discipline

Creigh Deeds vows to keep working on Virginia’s mental health system

Referring to newly passed reforms as “modest,” state Sen. Creigh Deeds said Monday that he plans to keep the pressure on his colleagues to fix Virginia’s long-troubled mental health system.

“My scars aren’t going away,” Deeds (D-Bath) told an audience at the National Press Club on Monday. “Believe me, I’m not done.”

Deeds said he would not take questions about the events of last November, when his son Austin “Gus” Deeds, 24, attacked his father with a knife and then fatally shot himself, after a psychiatric bed could not be found within the legally mandated six-hour limit.

“The issue is much bigger than any one person’s experience,” said Deeds, who ran for governor in 2009.

But he frequently touched on his family’s experience with the state’s mental health system as he discussed the need to end the stigma around mental illness and his determination to push for additional reform.

Deeds spoke of the variation in access to mental health services across the state, especially in poorer, rural areas, where a smaller population and longer driving distances pose unique barriers to care. An inspector general report on his son’s death released last week noted that distance played a role in the delayed arrival of the mental health evaluator who was charged with examining Gus Deeds. The evaluator arrived at Bath Community Hospital three hours after a sheriff’s deputy had brought the young man there for an examination, significantly reducing the time left to find a bed. After Deeds’s death, two hospitals said they had room but were not contacted.

Full Article & Source:
Creigh Deeds vows to keep working on Virginia’s mental health system

High-profile central Maine defense attorney Campbell faces misconduct charges

AUGUSTA — A once-disbarred attorney is back before a disciplinary panel of his peers on separate complaints that he failed to adequately represent two clients, including an allegation that he was improperly added as a beneficiary in an elderly client’s will.

Andrews Campbell, 72, of Bowdoinham, has been the defense attorney in some high profile trials in central Maine, including the defense of Raymond Bellavance Jr., who was convicted of setting fire to the Grand View Topless Coffee Shop in Vassalboro in 2009.

The disciplinary petitions that Campbell faces were filed by the Board of Overseers of the Bar and accuse Campbell of misconduct and multiple violations of the Maine Code of Professional Responsibility.

Campbell denies he committed any violations of the code, or, if he did “such violation was inadvertent and did not do harm to any client or the public,” in a filing by his attorney, Justin Andrus.
Campbell said by email, “To my best knowledge, neither (petition) has merit. Beyond that I do not believe further comment would be appropriate at this time.”

Reached by phone Thursday, Andrus said he does not comment on active cases.

Full Article & Source:
High-profile central Maine defense attorney Campbell faces misconduct charges

Commission recommends 1-year suspension for lawyer due to email criticism of judge

Indianapolis attorney and blogger Paul K. Ogden should be suspended from the bar for a year without automatic reinstatement for private communications criticizing a judge, the Indiana Disciplinary Commission recommended Monday.

The commission recommended to the Indiana Supreme Court that Ogden receive the sanction for emails that he sent to another attorney accusing Hendricks Superior Judge David Coleman of mishandling an estate case in which Ogden represented an heir. Coleman was removed from the case under a lazy judge motion Ogden filed, and Ogden claimed the judge made numerous mistakes handling the years-long case.

Ogden’s brief in reply says his speech was private and protected and there should be no sanctions.

At the heart of the complaint against Ogden is an email he sent to opposing counsel Steve Harris of Mooresville, who represented the estate of Robert P. Carr that was administered by Carr’s son, Robert Carr Jr. Ogden represented another heir in the matter.

Among other things, Ogden said in the email that Coleman “should be turned in to the disciplinary commission for how he handled this case.”

In the commission’s tender of proposed hearing officer’s findings of facts, it recommends that hearing officer Robert W. York find that he “cannot stress enough the conclusion that (Ogden) has a profound lack of both insight into his own conduct and lack or respect for those who disagree with him in any way.”

Full Article & Source:
Commission recommends 1-year suspension for lawyer due to email criticism of judge

Probate judge assault suspect pleads guilty

A Samson man facing a felony assault charge for allegedly striking the Geneva County Commission chairman with his walking cane pleaded guilty to a lesser harassment charge.

Court records show 67-year-old Edsel Eugene Bonds pleaded guilty on Monday to a misdemeanor harassment charge in front of Circuit Court Judge P.B. McLaughlin in Geneva County.

Samson police arrested Bonds and charged him with felony second-degree assault on Sept. 4, 2013. Police charged Bonds with assault on Geneva County Probate Judge and Commission Chairman Fred Hamic, which happened on Aug. 30, 2013.

Police charged Bonds with using his walking cane to strike Hamic in the face. Bonds apparently went to strike Hamic a second time, but Hamic managed to take the cane away from Bonds.

Full Article & Source: 
Probate judge assault suspect pleads guilty

Pastor faces civil suit, criminal charges

MILFORD -- The Rev. Robert Genevicz appearance in Bridgeport's Golden Hill Street courthouse took about a minute Monday.

There, Genevicz, known as "Pastor Bob" to his Stratford Baptist Church congregation, was told his felony case stemming from the alleged theft of $173,000 from an elderly parishioner was being transferred to the Main Street courthouse for an April 22 appearance.

Genevicz's April 14 appearance in Milford might take much longer. That's when Joseph Mager, Jr., the lawyer and conservator for Patricia A. Stosak, the elderly parishioner, will seek to freeze $500,000 of Genevicz's assets.

Mager is seeking a pre-judgment remedy as a result of a civil suit he filed March 11 against Genevicz. The suit alleges that Genevicz, while serving as Stosak's conservator, stole $173,729 from her. If the remedy is granted, the pastor will be unable to spend or transfer those assets.

Full Article & Source:
Pastor faces civil suit, criminal charges

See Also:
Pastor accused of bilking faithful

Justices fine Bloomington lawyer, suspend Indy attorney

The Indiana Supreme Court has fined a Monroe County attorney for practicing law while suspended. This week, the justices also suspended an Indianapolis attorney who pleaded guilty to felony wire fraud.

The justices Monday found Bloomington attorney David E. Schalk in contempt. Schalk was suspended in May 2013 for at least nine months. He was convicted of Class A attempted possession of marijuana after trying to set up a drug buy in 2007 with state witnesses in his client’s trial for dealing in methamphetamine. Schalk wanted to prove a witness was still dealing drugs.

The Indiana Court of Appeals upheld his conviction in February 2011.

The Disciplinary Commission asserted in September 2013 that Schalk violated the suspension order by, among other things, representing two people in a guardianship proceeding. Schalk denied any misconduct.

Schalk worked on the matter before his suspension. Afterward, he filed documents in July and September 2013 purportedly as a pro se, pro bono litigant acting on behalf of the ward. He provided his attorney number under his signature line on the filings, did not withdraw his appearance on behalf of his clients, and he asserted he was acting on behalf of someone other than himself, the order notes.

For violating the suspension order, the justices imposed a $500 fine which must be paid within 60 days from Jan. 27.

On Monday, the justices also issued an order immediately suspending Indianapolis attorney Paul J. Page’s law license. Page, of Pittman & Page, pleaded guilty in 2013 to one count of wire fraud in U.S. District Court in the Northern District of Indiana. He agreed to testify if called against co-defendants John M. Bales, a real estate broker, and Bales partner William E. Spencer in a Northern District case.

A 14-count indictment in South Bend alleged Page, Bales and Spencer defrauded the state and a bank over their purchase of a building in Elkhart and a subsequent lease deal with the state's Department of Child Services. A jury found Bales and Spencer not guilty.
 
Full Article & Source:
Justices fine Bloomington lawyer, suspend Indy attorney

Police arrest 38-year-old for exploiting 96-year-old man

ST. GEORGE — A St. George man faces multiple criminal charges relating to prescription fraud and exploitation of an elderly person after being arrested by Washington City Police on March 21.

According to the probable cause statement filed by Washington City Police, Gregory Leon Bowler, 38, of St. George was arrested after an investigation was conducted involving a report of prescription fraud at the Walmart pharmacy in Washington City.

The statement said police determined that a man, later identified as Bowler, had called the pharmacy on March 14 and identified himself as a local doctor, and using that doctor’s DEA number (assigned by the Drug Enforcement Administration), he ordered a prescription for hydrocodone, along with one refill. The prescription ordered was in the name of an elderly man that lives with Bowler.

The pharmacy filled the prescription, and Bowler identified himself when he purchased the drug on March 14. On March 16, the statement said, Bowler returned to the pharmacy and purchased the refill.

According to the statement, Bowler called the pharmacy on March 20 and, again posing as the same doctor, ordered a third bottle of the same drug. When Bowler arrived to pick up the prescription, the pharmacist called the doctor and found out the prescription had not been called in by him. Bowler left the pharmacy without the prescription and police were notified.

Washington City Police were able to locate Bowler and placed him under arrest for an outstanding warrant on March 21. He was charged with a second-degree felony for communications fraud, three counts of third-degree felony prescription fraud, a third-degree felony for forgery and two counts of third-degree felony possession of a controlled substance.

Bowler was booked into Washington County’s Purgatory Correctional Facility on those charges on March 21.

Bowler was charged with several additional criminal offenses on March 28, after St. George Police discovered that Bowler was in jail, police Sgt. Sam Despain said.

According to the probable cause statement, Bowler is accused of stealing two checks from a 96-year-old man that lives with him, forging the man’s name and cashing those checks. One check was written on March 9 for $200 and the second check was written on March 17 for $150.

Full Article & Source:
Police arrest 38-year-old for exploiting 96-year-old man

Tonight on T.S. Radio: Guardianship: Exploitation, Abuse and No One is Responsible

Florida bill SB 670 moved through the Florida Senate this last week. 

The bill would provide protection from accountability and responsibility for owners and investors in nursing homes.  In the end, it would also limit the amount that could be recovered in damages. The deep pockets of private equity firms and passive investors would be protected under a measure passed by the Senate on Thursday.

Obviously, profits are far more important than making sure the people representing your investments in the nursing homes (the employees) are well trained and performing their jobs in a professional manner.

Sighting the high cost applied to each bed, the claim is made that this cost would be reduced by reducing or outright eradicating any access to the people who supply the capital investment in the homes.

Maybe a better business plan would be to make sure that abuse, forced drugging, starvation and neglect didn’t happen in the first place.

Also:  we will be discussing kangaroo courts…what that really means and why you should be hopping mad over it!  
5:00 pm PST … 6:00 pm MST … 7:00 pm CST … 8:00 pm EST

LISTEN LIVE or listen to the archive later

Who Knows Best? Dispute Over Disabled Man's Care Magnifies Guardianship's Complexities

Rarely is there so much tension — or so much at stake — around giving someone hope for a family reunion as in the case of Dominic Pantoni.

Every month, Dominic intently waits at the door of his group home for his mother to arrive, and he immediately asks her, “When’s the next hearing?”

A court hearing, in Dominic's eyes, means going home, or at least leaving a place that he calls prison, said his mother, Nancy Pantoni. She has been trying since 2010 to change legal guardianship of her 27-year-old son, who has intense special needs because of a genetic disorder.

However, it’s that obsession with going home that his guardian, a caseworker with Jewish Family & Children's Service of Pittsburgh, asserts in court record may be holding back the young man from coping with the 24-hour care he needs and taking opportunities to work or to socialize.

As a result, Pantoni’s interactions with Dominic have been restricted by the guardianship agency, which declined to comment on the specific case because of privacy concerns.

She can visit for one hour a month. No phone calls. And she said she’s not informed when he’s admitted to the hospital or his medications have changed.

"His health has significantly deteriorated so much that I’m concerned for his life,” she said. “I’m on a mission to save my son’s life, I really am. I’ll do anything.”

The tug of war over Dominic’s fate highlights the challenging dynamic of court-appointed guardianships, which often pit an unknown third party assigned to make decisions in the best interest of a ward against family members who inherently feel they know what’s best for their relative.

Full Article and Source:
Who Knows Best?

California court revives suit claiming woman frozen alive in morgue

LOS ANGELES (Reuters) - A California appeals court has revived a malpractice suit brought by the family of an 80-year-old grandmother they claim was prematurely declared dead by doctors then frozen alive inside a body bag in the hospital's morgue.

A lower-court judge had dismissed the lawsuit brought in May 2012 by relatives of Maria de Jesus Arroyo against White Memorial Hospital in Los Angeles over the woman's 2010 death, on grounds that the statute of limitations had lapsed.

But a three-judge panel of a state appeals court sided with the family on Wednesday in agreeing they could not have known how Arroyo was alleged to have died until it was brought to light by a pathologist in an expert opinion he gave in December 2011.

 "Plaintiffs had absolutely no reason to suspect that the decedent was alive rather than dead when placed in the hospital morgue," the court said in its 27-page opinion. The lawsuit now goes back to Los Angeles Superior Court.

Full Article, Video and Source:
California court revives suit claiming woman frozen alive in morgue

Clark County to Start Task Force to Help Elderly

SPRINGFIELD-- An elder abuse task force is starting in Clark County after an 87-year-old man was swindled out of thousands of dollars. Clark County Sheriff Gene Kelly says elder abuse is one of the most under-reported crimes. The Sheriff is using one suspect- Ronald Eugene Massie- as the poster child for the task force.

"He looks like a big teddy bear he's loveable he's likable that's the crazy part of it," said Ben Cox, Massie's latest alleged victim.

"But I have a weakness of trusting people."

Cox met Massie just three weeks ago, and trusted him to fix his three cars. He gave the suspect more than $5,600 dollars in checks for parts and access to lines of credit to do the work.

"And I found out later that he really did nothing on it," Cox said, "The transmission in the back was not repaired. The work was just not done."

Cox started asking for receipts for the work being done. When Massie could not be provided, law enforcement got involved in the case.

"This is the case the I hope is the catalyst to start a new era," said Sheriff Gene Kelly. His office investigated the case after a tip from Cox's bank teller. Massie was arrested for the 75th time on April 3, 2014, in connection to the Cox case.

The recent arrest and investigation sparked the creation of a task force to stop other seniors from becoming victims.

"It's more difficult to help them once that has occurred than it is to educate them and help protect them before something happens," said Maureen Fagans of United Senior Services.

Full Article & Source:
Clark County to Start Task Force to Help Elderly

Alzheimer's Patient Plays Piano

This is for my mother, Margaret Logan. Mum was diagnosed with Alzheimer's Disease in 2002 and has had a slow gradual descent into a demented state. She has little dignity remaining in her life. She hasn't been able to feed herself, write, watch television, go to the toilet unaccompanied, or do anything much. She doesn't know who anybody is, though usually starts to recognise me, her eldest son after 30 minutes or so. 

Note:  Margaret Logan passed in May of 2012. 


Source:
Alzheimer Patient Plays Piano #1