Councilor Lown believes that the Webber estate case should have ended in a settlement rather than a trial in order to preserve the value of the estate and avoid “condemnation or admission” of those involved in the financial abuse of an elderly woman. (Portsmouth Herald, March 22, 2016).
But, as former Commissioner Gerry Howe aptly stated when he voted against the mediated settlement in August 2014, “I think that's selling the reputation of the city pretty low.” (Police Commission rejects Webber estate settlement. Seacoastonline, August 13, 2014). Yet, even after the commission voted to refuse to settle, Councilor Lown persisted, along with other city officials, to settle the case to prevent it from going to trial. Ironically, by doing so, attorney charges accrued unnecessarily.
Back in August 2014 Judge Maher, who was paid over $20,000 to help settle the case as a mediator, cited concern over the cost of litigation when he told the Police Commission and citizens, “Attorney Eby’s charges are over $400K right now; his office has taken five depositions. They have 17 more to take; add that to several weeks of trial costs.” (Portsmouth Police Commission Meeting Notes, August 2014)
Attorney Eby’s final 2016 bill is $579,240. This means that prior to August 2014, 70 percent of his charges were accrued with the intent to settle the case (that would have allowed the offending officer to receive $425,000.) If one looks at the entire bill, it appears that a good portion of it, before and after August 2014, is due to efforts to settle the case.
Settlement of this case would not have served the public – but only a select few who did not want the transparency achieved through the probate trial.
Simply understood, the Webber case is about an elderly woman with dementia who became unduly influenced by a young Portsmouth police officer in order for him to gain control of her substantial estate.
But it’s about so much more; it’s about the community’s failure in both the public and private sphere to protect an elderly, wealthy resident of Portsmouth from financial exploitation and physical neglect.
Specifically, it’s about the failure of local officials – both elected and appointed - to “police” their own and promote the well-being of Portsmouth residents, not only Webber but the community she had intended to benefit from a $1.2 million bequest for police and fire safety equipment - that is, until the young officer befriended her. In fact, one of the lessons of this case is that there seems to have been an almost blatant disregard for the public by those sworn to serve the public.
Probate piracy has been described as:
“Uncannily similar to organized crime defined in the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO), probate piracy can involve the involuntary redistribution of assets, which is also known as property poaching, with the elderly person becoming the enterprise that is defrauded.”
(https://www.mainstreet.com/article/heres-how-the-great-41-million-generational-wealth-transfer-is-intercepted-by-probate-pirates).
Exploited elders share the plight of other vulnerable populations that are victims of human trafficking, which has been defined as, “a form of modern slavery where people profit from the control and exploitation of others.” http://www.polarisproject.org/human-trafficking/overview.
The Webber case continues to alert us to the fact that the national epidemic of probate piracy and elder financial exploitation (and its disturbing aftermath for victims and their families) impacts residents of New Hampshire.
Jane Zill
Portsmouth
Full Article & Source:
The Webber estate case is about probate piracy
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