New Hampshire Department of Justice Office of the Attorney General
For Immediate Release
February 1, 2024
Concord, NH – Attorney General John M. Formella announces that
Jennifer Bryant, 48, of East Rochester, pleaded guilty and was sentenced
yesterday in the Strafford County Superior Court on one class A felony
count of theft by unauthorized taking.
Investigation revealed that between May 7, 2019, and May 12, 2022,
Ms. Bryant, while working as a nursing home billing coordinator, stole
$71,548.00 in social security funds belonging to a nursing home
resident. The funds should have been used to pay for the resident’s rent
and care at the nursing home. Instead, Ms. Bryant used the funds to pay
for personal retail purchases, salon services, restaurants,
entertainment, home improvement, and vacations.
The Court sentenced Ms. Bryant to serve 5-10 years in the New
Hampshire State Prison, stand committed. The Court suspended 3 years
from the minimum term, with the suspended term to end 15 years following
Ms. Bryant’s release from incarceration. Under the suspended sentence,
Ms. Bryant is, among other things, prohibited from working in billing
and accounting, and in the care of elderly, disabled, or impaired
adults. Ms. Bryant must also pay $71,548.00 in restitution to the
nursing home. Ms. Bryant was taken into custody at the conclusion of the
sentencing hearing.
In exchange for Ms. Bryant’s plea of guilty on the theft indictment,
an additional indictment of financial exploitation of an elderly adult
will be nolle prossed.
This matter was jointly investigated by Investigator Frederick Lulka
of the Consumer Protection and Antitrust Bureau and Investigator John
Lannon of the Medicaid Fraud Control Unit. The matter was prosecuted by
Senior Assistant Attorney General Bryan J. Townsend, II, of the Elder
Abuse and Financial Exploitation Unit, and Assistant Attorney General
Andrew Yourell of the Medicaid Fraud Control Unit.
If you or someone you know has been the victim of elder abuse or
financial exploitation, please contact your local police department or
the Department of Health and Human Services, Bureau of Elderly and Adult
Services (1-800-949-0470).
Piano especially associated with improved mental processes in those over 40, Exeter University research finds
by Robyn Vinter
Playing a musical instrument or joining a choir is linked to better memory and thinking skills in older age, research has found.
The
piano was especially associated with a better brain in those over 40 in
the study from Exeter University, which reviewed data from more than a
thousand adults and looked at how much experience the people had in
participating in music.
The
scientists investigated their brain health, including mental processes
that help in planning, focusing, remembering, and juggling tasks – known
as executive function – and found those who played an instrument scored
more highly.
Singing was also linked to
better brain health, but the researchers said social factors of being
part of a group may also play a role.
Anne Corbett, professor of dementia research at
the University of Exeter, said: “A number of studies have looked at the
effect of music on brain health. Our Protect study has given us a unique
opportunity to explore the relationship between cognitive performance
and music in a large cohort of older adults.
“Overall,
we think that being musical could be a way of harnessing the brain’s
agility and resilience, known as cognitive reserve.
“Although
more research is needed to investigate this relationship, our findings
indicate that promoting musical education would be a valuable part of
public health initiatives to promote a protective lifestyle for brain
health, as would encouraging older adults to return to music in later
life.
“There is considerable evidence for the
benefit of music group activities for individuals with dementia, and
this approach could be extended as part of a healthy ageing package for
older adults to enable them to proactively reduce their risk and to
promote brain health.”
Caroline Scates, the deputy director of admiral nurse development at Dementia
UK, said: “The results of this study are positive, and echo similar
research into the benefits of both listening to and playing music for
people living with dementia.
“Music can provide a valuable form of
communication for people living with dementia, including listening to
music that the person may have a connection with even in the later
stages of the condition. The ability to make or play music – whether by
singing or playing an instrument – can continue even when people living
with dementia have lost other abilities and means of communication.
“If
you know someone living with dementia who enjoys or has enjoyed singing
or playing an instrument, it can be beneficial to keep these
instruments or sheet music to hand for them to play or read.”
WOW! These Got Talent contestants prove that age is just a number! Don't miss the OLDEST singing contestants to appear on Britain's Got Talent, Ireland's Got Talent and France's Got Talent that SHOCKED everyone with their unexpected auditions!
Joanne
Pike, DrPH, is president and CEO of the Alzheimer’s Association and CEO
of its advocacy affiliate, the Alzheimer’s Impact Movement.
“Congress should consider the steps it can take at the federal level,
including expanding the necessary workforce and improving dementia
training standards and access,” as part of efforts to “help ensure a
quality direct care workforce that can meet the unique needs of our
nation’s growing number of Americans living with Alzheimer’s and other
dementia” in assisted living communities and elsewhere, the Alzheimer’s
Association and its advocacy affiliate, the Alzheimer’s Impact Movement,
said in comments submitted to the US Senate Special Committee on Aging for the record of the hearing it held Thursday, titled “Assisted Living Facilities: Understanding Long-Term Care Options for Older Adults.”
The entities also urged the committee to take steps to support states
in implementing and improving dementia training for direct care and
other workers in assisted living communities.
Thursday’s Aging Committee hearing was its first one focused strictly
on assisted living in more than 20 years and was held in response to
recent articles in The Washington Post and the New York Times and KFF Health News.
The Post articles, published in December, reported on the deaths of
several senior living residents with dementia who had eloped from
communities. The Times / KFF articles, published in November, reported
on an assisted living industry pricing structure that adds fees on top
of basic charges to cover additional services, as well as rate increases
and the for-profit status of most providers.
The committee now awaits responses from three large senior living operators
about their efforts related to safety, staffing and pricing; has asked
the US Government Accountability Office to study federal assisted
living-related spending as well as industry pricing and transparency;
has announced a website and email address
where consumers can share their bills and their experiences interacting
with providers; and is pondering increased federal involvement in the
industry.
The Alzheimer’s Association and Alzheimer’s Impact Movement focused on dementia and workforce issues in their eight-page letter.
“Assisted living is one of the fastest-growing options for
residential housing for older Americans,” the groups said in their
letter, noting that there are approximately 30,600 assisted living
communities with almost 1.2 million licensed beds in the United States
today. Thirty-four percent of assisted living have Alzheimer’s disease
or another type of dementia, they said (the federal government estimate is higher, at 42%).
By 2050, the organizations said, it is projected that the Medicare
and Medicaid programs will be paying $1.1 trillion toward the healthcare
and long-term care of people living with dementia as the number of
people in that group increases.
“While the prevalence of Alzheimer’s disease increases, so does the
need for well-trained members of the paid dementia care workforce,” the
groups said, noting that the industry already is experiencing workforce
challenges.
Fifty-eight percent of assisted living communities care for residents
who are living with dementia, and 19% have a dementia care unit, the
Alzheimer’s Association and Alzheimer’s Impact Movement said. They
added, however, that “most states do not specify minimum staffing levels
or ratios in dementia care.”
Although noting that “there is limited research identifying an
optimal ratio of staffing,” the groups said that literature “verifies
that there is a clear association between higher levels of licensed
staff and higher quality of care” and that “there is an association
between higher turnover rates and lower quality of care.”
Beyond potential mandatory staffing requirements, however, “there is a
growing awareness of the need to deploy staff in a matter that aligns
with resident routines and needs,” the organizations said, noting that
recommendations made in a 2020 research article about staffing levels in nursing homes could “inform facilities and policymakers.”
Support of state efforts encouraged
Regulation of staff training in long-term care primarily occurs at
the state level, the groups said, but they encouraged the Aging
Committee “to consider proposals that support state health departments
in implementing and improving dementia training for direct care workers
and their oversight of these activities.”
Training-related policies, the Alzheimer’s Association and
Alzheimer’s Impact Movement said, should be based on competency and
should target providers in a broad range of settings. Additionally, the
groups said, such policies should enable staff members to provide
person-centered dementia care “based on a thorough knowledge of the care
recipient and their needs, advance optimal functioning and high quality
of life and incorporate problem-solving approaches into care
practices.”
The organizations also urged the Aging Committee to support state
dementia-related efforts by calling for any training curriculum to be
delivered by knowledgeable staff members who have hands-on experience
and demonstrated competency in providing dementia care, for continuing
education to be offered and encouraged, and for training be portable,
meaning that workers have the opportunity to transfer their skills or
education from one setting to another.
Efforts to improve the quality of dementia care in three states are
“instructive,” the Alzheimer’s Association and Alzheimer’s Impact
Movement said, adding that they could provide the committee with
additional examples on request.
In Georgia, House Bill 987, signed into law in 2020,
established memory care licensure and dementia training requirements
for all direct care workers and all other staff members in memory care
centers. Among other things, the law requires all assisted living
communities and personal care homes that offer memory care to obtain a
certificate to operate and to have at least one dementia-trained direct
care staff member for every 12 residents during the daytime and one such
staff member per 15 residents overnight, based on a monthly average.
All staff members must undergo four hours of dementia training within
the first 30 days of employment, and all direct care staff members must
obtain at least 16 hours of specialized dementia training within their
first 30 days of employment and eight hours of dementia training each
year thereafter. The law specifies the topic areas to be covered in the
training.
In Indiana, Senate Bill 169,
introduced in 2021, requires assisted living communities that provide
memory care services to disclose their dementia-specific care, staffing
levels and transfer/discharge policies. And Senate Bill 353,
introduced in 2022, establishes dementia training standards for home
health aides caring for people who are living with dementia, requiring
three hours of annual continuing education about dementia and six hours
of initial dementia training for newly hired individuals.
In Pennsylvania, regulations updated in 2022 require skilled nursing
facilities to provide dementia training as part of all staff members’
orientation.
Dementia Care Practice Recommendations detailed
The letter also detailed the Alzheimer’s Association’s Dementia Care Practice Recommendations
for professional caregivers, released in 2018, which contain goals
related to person-centered care; detection and diagnosis; assessment and
care planning; medical management; information, education and support;
ongoing care for behavioral and psychological symptoms of dementia, and
support for activities of daily living; staffing; supportive and
therapeutic environments; and transitions and coordination of services —
and the letter relayed what assisted living communities “should” do
based on the recommendations.
Regarding staffing, “[a]n adequate and well-trained workforce is
fundamental to providing quality dementia care,” the organizations said,
adding that, based on the workforce-related recommendations, assisted
living communities should:
provide a thorough orientation program for new staff members, as well as ongoing training;
develop systems for collecting and disseminating person-centered information;
encourage communication, teamwork and interdepartmental/interdisciplinary collaboration;
establish an involved, car[ing] and supportive leadership team;
promote and encourage resident, staff and family relationships; and
evaluate systems and progress routinely for continuous improvement.
To maintain a strong dementia care workforce, the groups said, assisted living communities should:
have staffing levels adequate to allow for proper care at all times, day and night;
ensure that all staff members are sufficiently trained in all aspects of care, including dementia care;
adequately compensate staff members for their work;
provide a supportive atmosphere for staff members that appreciates
their contributions to overall quality care, because improved working
environments will result in reduced turnover in all care settings; and
ensure that staff members have the opportunity for career growth.
“Additionally, we know that consistent assignment is an important
component of quality care for staff working with residents with
dementia,” the Alzheimer’s Association and Alzheimer’s Impact Movement
said.
“We look forward to working with the Committee and other members of
Congress in a bipartisan way to advance policies that will ensure
individuals living with Alzheimer’s and other dementia have adequate
access to high-quality assisted living and all long-term and
community-based care services, especially as the population of Americans
living with dementia continues to grow,” the letter concluded.
“From our perspective, we need to tell our story much better.”
That’s what Julie Simpkins, co-president and chief operating officer
of Gardant Management Solutions, told the US Senate Special Committee on
Aging on Thursday. She was one of four witnesses at a committee hearing titled “Assisted Living Facilities: Understanding Long-Term Care Options for Older Adults.”
Telling stories may be one of the assisted living industry’s best
bets to ward off a threat of federal regulation that several senators
brought up in the wake of unflattering articles published in The Washington Post and the New York Times and KFF Health News about resident elopements, workforce challenges, the industry pricing structure and more.
Gardant, Simpkins told committee members, focuses on providing
affordable assisted living to low-income older adults via home- and
community-based Medicaid waiver programs.
“There are really good stories to tell from the state perspective and
our home- and community-based services, and we need to do a better job
of talking about those stories and the things that are going on within
the states,” she said.
Part of the story is the close working relationships that providers
can establish with state and local lawmakers and regulators to help
ensure that they understand industry and resident needs and how various
actions could affect them, Simpkins said.
“The innovation that has happened, the times providers have been
asked to sit at a table before there’s a rule change,” she said, “and
not just ask for comment, but to sit face-to-face with somebody and say,
‘If this rule changes, how does it impact the resident that you’re
caring for and your workforce who is caring for that resident?’”
Hearing witnesses faced questions about the workforce, training,
staff levels, affordability and other issues. But those issues are
better addressed at the state level, Simpkins said, where regulations
can “appropriately recognize the diversity within assisted living while
holding our profession accountable.”
Industry trade associations frequently recommend that providers
invite their legislators to their senior living communities to show them
quality in action as well as help them understand the challenges faced
by providers. Now is the time to start or continue such conversations
and other efforts to help lawmakers and others become more familiar with
the positive aspects of assisted living and what operators are doing
for older adults of various income levels, as well as understand any
assistance providers may need.
“Assisted living is a critical aspect of the long term care
continuum, dedicated to delivering person-centered care to our nation’s
seniors. We need collaborative, comprehensive solutions that help ensure
our ability, as assisted living communities, to continue doing what we
do best: providing safe, quality care to our residents,” Simpkins told
senators. “From expanding more affordable long-term care options, to
workforce programs to address the growing caregiver shortage, these
efforts could make a real difference. We must all work together to
ensure every current and future assisted living resident is seen, safe
and served to enjoy the highest quality of life possible.”
You can watch a recording of the hearing and read the prepared
statements of Sen. Bob Casey (D-PA), committee chair; Sen. Mike Braun
(R-IN), ranking member; and the four hearing witnesses on the committee website. And
if you know of any consumers who would like to share their experiences
with the Aging Committee, they can use the form on the committee website or send a message to this email address: assistedlivingbills@aging.senate.gov.
A dog worked with police to rescue her owner from a frozen lake in East Bay Township, Michigan, on Thursday, January 18, police said.
Michigan State Police said witnesses called emergency services after they saw the man fall through the ice at around 11:45 am.
Motor Carrier Officer (MCO) Kammeron Bennetts arrived on scene and saw the man in the water with his dog, Ruby, beside him. The officer realized he couldn’t reach the man so he called Ruby over to him and gave her a rescue disc.
Video footage released by police shows the dog bringing the disc to her owner, allowing the officer and a firefighter to pull the man to safety.
Police said the man, who was in the water for around 16 minutes, was transported to a local hospital and was later released.
Because of “the quick actions of MCO Bennetts, along with help from Ruby, they were able to perform a successful ice rescue,” Michigan State Police said in a statement.
A former DeKalb County
attorney who once hoped to be a judge will be spending the next twenty
years behind bars. Teresa Darwin Phillips, 43, of Sylvania, was
convicted of accessing, stealing, and spending approximately $250,000
from multiple clients.
Attorney General Steve Marshall announced the news Monday.
“Trust is fundamental to the attorney-client relationship. Once a
lawyer has gained the trust of a client, particularly an elderly client,
they owe that client the highest degree of honestly and loyalty,” said
Marshall. “To see that trust betrayed on such a wide scale warrants a
severe reaction from the justice system. Our team saw to that.”
“This case should serve as yet another warning to attorneys across our
state seeking to take advantage of vulnerable clients—you will be found
out and held accountable.”
A 2020 investigation led by the Dekalb County District Attorney’s
Office exposed the former lawyers scheme to use funds given to her by
clients and other elderly persons for whom she had been appointed as
legal guardian or conservator for her own gain.
DeKalb District Attorney Summer Summerford, said that her office will never tolerate those who target the vulnerable.
“Our community deserves to have attorneys who take their jobs
seriously and works with integrity and honesty,” said Summerford. “My
office will not stand for the intentional, premeditated targeting of
vulnerable people who rely on attorneys for help in times of need.
Although this sentence will not replace what the victims lost, hopefully
it will provide the closure in this long case and deter other attorneys
from making the same mistakes.”
Phillips previously pled guilty on November 7, 2022, to nine felony offenses.
A
Florida man pleaded guilty yesterday in the Southern District of
Florida to money laundering for his role in funneling the proceeds of
scams against American consumers and businesses to co-conspirators
located in Nigeria.
Niselio Barros Garcia Jr., 50, of Kissimmee, was indicted by a grand
jury on July 12, 2023. According to court documents, Garcia supplied
bank accounts to his co-conspirators for the purpose of receiving
proceeds from romance scams, business email compromises and other fraud
schemes. After receiving the criminal proceeds, Garcia used a
cryptocurrency exchange to conceal and transfer the funds in Bitcoin to
co-conspirators in Nigeria. Garcia personally laundered over $2.3
million of criminal proceeds and earned hundreds of thousands of dollars
in fees.
Business email compromises involve criminals hacking or spoofing
business email accounts to initiate fraudulent money transfers. Romance
scams involve fraudsters creating fake online personas to gain the trust
and affection of victims, leading to financial exploitation. These
schemes not only cause significant financial losses, but also deeply
impact the lives of victims.
“This prosecution demonstrates our ongoing commitment to protecting
the public from complex financial crimes,” said Principal Deputy
Assistant Attorney General Brian Boynton, head of the Justice
Department’s Civil Division. “This case serves as a reminder of the
sophisticated methods employed by criminals and the need for vigilance
in the digital age. The Justice Department remains committed to
aggressively pursuing individuals and groups involved in these kinds of
illicit activities.”
Garcia is scheduled to be sentenced in the Southern District of
Florida on April 23. He faces a maximum penalty of 20 years in prison. A
federal district court judge will determine any sentence after
considering the U.S. Sentencing Guidelines and other statutory factors.
Four additional defendants have been charged in this scheme but remain at large.
The FBI Buffalo Field Office investigated the case.
Trial Attorneys Lauren Elfner and Matthew Robinson of the Civil Division’s Consumer Protection Branch are prosecuting the case.
If you or someone you know is age 60 or older and has been a victim
of financial fraud, help is available at the National Elder Fraud
Hotline at 1-833-FRAUD-11 (1-833-372-8311). This Justice Department
hotline, managed by the Office for Victims of Crime, is staffed by
experienced professionals who provide personalized support to callers by
assessing the needs of the victim and identifying relevant next steps.
Case managers will identify appropriate reporting agencies, provide
information to callers to assist them in reporting, connect callers
directly with appropriate agencies and provide resources and referrals
on a case-by-case basis. Reporting is the first step. Reporting can help
authorities identify those who commit fraud, and reporting certain
financial losses due to fraud as soon as possible can increase the
likelihood of recovering losses. The hotline is open Monday through
Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other
languages are available.
(ABC 6 News) – A Rochester woman was ordered to pay more than double
the estimated amount she took from a vulnerable adult’s bank account in
restitution Monday, Jan. 29.
Jamie Lynn Lambert, 47, pleaded guilty to financial exploitation of a vulnerable adult in November of 2023.
On Monday, she was sentenced to 5 years of supervised probation and ordered to pay $11,491.83 in restitution.
Lambert
was also ordered to complete 100 hours of community service, and may
not serve as power of attorney for any vulnerable adult.
According
to court documents, Lambert received a stay of adjudication — meaning
that if she completes her probation and other conditions without
incident, the felony will not go on her criminal record.
According
to court documents, the Minnesota Adult Abuse Reporting Center spoke
with a social worker in February in 2023, who provided bank statements
for a woman who had suffered a stroke and been diagnosed with
Alzheimer’s disease.
The woman lived in a Rochester facility.
According
to court documents, Lambert was the woman’s power of attorney. Bank
documents indicated that Lambert was transferring money from the
senior’s account into her own checking account, then using the money to
purchase food, alcohol, clothing, and sporting equipment.
According
to court documents, Lambert first claimed the funds were being used for
the senior’s benefit, but after viewing purchases for sports
photography, sporting goods, and hotels with law enforcement, said she
had “no excuse” for spending the funds herself.
According to the
MAARC, the senior’s monthly liability had not been paid in months, and
Lambert had not responded to facilities’ requests that she provide new
shoes and clothing for the senior.
Bank statements indicated that Lambert used “at least $5,000” of the woman’s money for her own benefit.
Jay Lenohas reportedly filed for a conservatorship over his longtime wife Mavis Leno, after she was diagnosed with Alzheimer's disease.
The former late night host, 73, filed the court documents Friday, Jan. 26, TMZreports. He requested to become the conservator of his wife's estate, listing her diagnosis as the basis for the filing.
It's
not clear when Mavis, 77, was diagnosed with the degenerative disease,
which progressively impairs memory and other mental functions.
Granting
Jay a conservatorship over his wife's estate would give him control
over Mavis' finances, a practice that isn't unusual for individuals who
are incapacitated in a way that prevents them from managing their own
estate.
The basis for this potential conservatorship is much different from the infamous 13-year conservatorship Britney Spears was
under at the hands of her father, whom she has accused of
misappropriating her funds and abusing his power both financially and in
her personal affairs. The pop star's conservatorship was finally terminated in November 2021 following legal action spearheaded by her attorney, Mathew Rosengart.
As for Jay, who is in his 44th year of marriage to Mavis, the
comedian and TV personality was granted a conservatorship hearing date
for April 9, per Page Six.
The news comes over a year after Jay experienced his own health scare, when he severely burned one side of his face and chest in a freak accident in his car garage after one of his vehicles erupted into flames.
He
subsequently received medical treatment at a burn center in Los Angeles
and underwent reconstruction surgery that now has him looking good as new!
Dalmatia, Pa. — A Dalmatia man was charged for writing 44
fraudulent checks for more than $45,000 and taking advantage of his
former landlord.
Police filed felony forgery charges
against Andrew John Souder, 35, after the accuser told them on Dec. 1
that she had discovered a number of fraudulent checks were written and
debited out of her bank account. The checks were written from Jan. 2 to
Nov. 30, 2023, according to Trooper Michael Adams of state police at
Stonington.
The accuser, a 74-year-old woman, had
rented a home in Lower Augusta Township to Souder from 2018 to 2022 when
she moved out of the country. By October 2022, the accuser sold the
home to Souder. She discovered the fraudulent transactions when she
received an overdraft notice from her bank on Nov. 22. The accuser told
police she had never given Souder her checks nor did she give him
authorization to conduct financial transactions on her behalf, Adams
wrote in the affidavit.
The checks had the accuser's signature, which were allegedly
forged by Souder. Police found during the investigation that Souder came
to the Sunbury branch of M&T Bank at least four times to physically
cash the checks. Video surveillance showed Souder was there on April 7
and cashed a $1,600 forged check. Souder also cashed several other
checks at the bank branch on Oct. 17, Oct. 30, and Nov. 2, according to
Adams. The rest of the checks were deposited via mobile deposit using
Souder's bank app. Check amounts ranged from $2,500 to $100.
In
addition to the felony forgery charge, police also filed felony counts
of bad checks, theft by unlawful taking, and financial exploitation of
an older adult. Charges were filed at the Sunbury office of District
Judge Rachel Wiest-Benner, who set bail at $10,000 at 10% monetary,
which Souder posted. A preliminary hearing is set for Jan. 30 at
Wiest-Benner's office.
Health Minister Michalis Damianos at the committee
Long waiting lists for specialised treatments on Gesy are “a lever for the financial exploitation” of patients, Gesy’s supervision commissioner Eugenia Efstathiou said on Monday.
Efstathiou was speaking at the House human rights committee and
explained that many patients who require specialised treatments end up,
due to long waiting lists, being referred outside of Gesy and are
therefore billed for the treatment they receive.
With this in mind, she added that the issue of long waiting lists has now extended to impact non-Gesy health services.
Health Minister Michalis Damianos was also present at the meeting and
said the Health Insurers’ Organisation (HIO) is preparing protocols to
categorise appointments with specialists under the Gesy umbrella so that
emergency appointments can be scheduled as a priority.
He added that such protocols are expected to be completed “within days and not weeks”.
In response to Efstathiou’s comments about patients potentially being exploited, he said “any illegal actions in the context of Gesy’s operations will be examined in cooperation with the HIO, and there must be exemplary punishment so as to deter others.”
He said the matter of waiting lists is “a complex problem” and said
that while some aspects of it can be dealt with immediately, others will
require long-term handling.
The matter of reforming Cyprus’ health sector, he said, is unfinished
business, with bills set to be submitted to parliament within the year
“to give healthcare providers the tools to do their jobs more properly, so we can provide a comprehensive health service in our country.”
One of the most prominent bills set to be submitted this year, he
said, is that regarding the creation of a “patients’ advocate”.
“The patients’ advocate will, among other responsibilities, be able to assess whether a health institution complies with the law,” Damianos explained.
This move was greeted at the meeting by Federation of Patients’
Associations of Cyprus (Osak) chairman Marios Charalambides, who said
the patients’ advocate “will make sure efforts will be made to ensure
the rights of patients”.
He added that the creation of the role “is not just about managing complaints, but also about ensuring the quality of life and access to care of those who have suffered an illness”.
On
Monday, Los Angeles Superior Court Judge Jessica A. Uzcategui denied
the superstar's petition for temporary conservatorship, according to Avi
Levy, one of Allman's attorneys.
In December, Cher filed a petition seeking to be Allman's sole conservator
because of alleged "severe mental health and substance abuse issues,"
making him unable to manage his financial assets, she contends.
"The
Court’s ruling this morning represents a significant triumph for Mr.
Allman’s personal liberty and legal autonomy. We, at Cage & Miles,
are pleased with the Court’s decision to deny Cher’s temporary
conservatorship petition," Levy said in a statement shared with USA
TODAY on Monday.
"The Court’s ruling underscores the principle that
conservatorship is a measure of last resort, not a tool to be used
lightly. As the Court noted, there was insufficient evidence presented
by Cher to establish an emergency exists for a temporary
conservatorship."
USA TODAY has reached out to Cher's attorneys for comment.
Cher's bid for conservatorship over Elijah Allman's estate isn't over
Cher and Elijah Blue at the premiere of the film
"Blow" March 29, 2001 at the Mann's Chinese
Theatre in Hollywood, Calif. Vince Bucci/Getty
images
Another hearing is scheduled for March 6 ,
according to the court's case calendar. Levy said the judge will
"deliberate on the question of a permanent conservatorship" during this
hearing.
Cher observed the hearing remotely.
She appeared on a large screen in the courtroom throughout but did not
take part in the arguments.
Her attorneys argued that the support Allman was
getting was from people who tell him what he wants to hear and downplay
the size of his problems. They said his current apparent sobriety and
mental health were illusory. They said he suffers from bipolar disorder,
has been recently homeless, and that having large amounts of money
might lead to access to drugs that could endanger his life.
Cher's
attorneys said that she was not necessarily seeking any direct control
over Allman's money and would be happy to have a court-appointed
fiduciary manage his finances.
Allman was in the courtroom with his attorneys,
who acknowledged his previous struggles but argued that he is in a good
place now, attending meetings, getting treatment and reconciling with
his previously estranged wife.
Elijah Blue Allman said Cher is 'unfit' to be his conservator
Allman has opposed his mother becoming his conservator. Earlier this month, the judge declined to immediately approve Cher's conservatorship request. Cher's legal team did not give Allman or his attorneys enough time to review the documents they filed, Uzcategui ruled.
Allman
said that after struggling addiction and making irresponsible financial
decisions in the past, he receives professional treatment and regularly
attends alcoholics anonymous meetings, according to court records.
"Given that I no longer have an active dissolution
case, I believe that my wife would have priority to be appointed
conservator, if necessary, but I do not need that either," Allman said
in the objection filing. "Under no circumstances am I comfortable having
my mom as my conservator even if that was necessary."
A conservatorship of his estate is not necessary and that his mother "unfit to serve" in that role, he contends.
Blue's
wife, Marieangela King, also denounced the conservatorship, calling it
"deeply disturbing," in a statement issued by her record label, Verdict
Music, and shared with USA TODAY. King claims she "has historically been
excluded from the decision-making process when it comes to her
husband’s medical treatment."
Why is Cher filing for conservatorship over her son's estate?
Cher
is seeking to be the sole conservator of her son's estate and resources
and per the filing, the "Moonstruck" actor has "worked tirelessly" to
get her son needed help.
"Elijah is entitled to regular distributions from a trust established by
his father for his benefit, but given his ongoing mental health and
substance abuse issues, Petitioner (Cher) is concerned that any funds
distributed to Elijah will immediately be spent on drugs, leaving Elijah
with no assets to provide for himself, and putting Elijah’s life at
risk," the filing stated.
LANSING – Michigan Attorney General Dana Nessel
announced that Steven Allen, 42, of Detroit, was arraigned Tuesday, Jan.
23, in the 36th District Court in Wayne County on four felonies for
forgery, using a computer to commit a crime and allegedly embezzling
more than $60,000 from his employer, a sitting Circuit Court judge.
Allen was employed as a judicial assistant serving a judge in the
Third Circuit Court in Wayne County from 2018 to 2022. During these
years it is alleged he illegally obtained an ATM card associated with
the judge’s accounts, wrongfully made withdrawals and purchases, and
forged checks presented to the victim to conceal his thefts. The victim
became aware of the missing funds when notified of delinquent taxes on a
secondary property, despite Allen presenting them with checks made to
look like they were sent to satisfy the tax.
He has been charged with one count of each:
Embezzlement, $50,000-$100,000, a 15-year felony,
Using a computer to commit a crime, a 10-year felony,
Forgery of bank bills/promissory notes, a 7-year felony, and
Stealing or retaining without consent a financial transaction device, a 4-year felony.
“Everyone should exercise extreme caution in who you permit to access
your financial accounts,” Nessel said. “Even judges are not immune to
theft, embezzlement and fraud perpetrated against them by those they
trust the most. Truly anyone can fall victim to financial exploitation
crimes.”
Allen will appear before Judge Patricia Jefferson in the 36th
District Court in Wayne County for a probable cause conference on
January 29. A preliminary examination has been scheduled for February 5.
Artist
Peter Max’s daughter lost an appeal to revive her lawsuit against a top
New York City judicial official over allegedly routine and one-sided
private talks between judges and guardians in adversarial proceedings
like those involving her father.
Libra Max lacks standing because
her alleged injury isn’t fairly traceable to Deputy Chief Administrative
Judge Deborah Kaplan’s alleged oversight failures, the US Court of
Appeals for the Second Circuit said in a summary order Thursday.
Max
has been fighting to remove her father’s court-appointed guardian for
several years, alleging the guardian has been abusive and neglectful.
Disputes
over Peter Max’s care and the family business revolving around his art
have drained much of the artist’s money, as detailed in a Bloomberg Law series
on the guardianship system in March 2023. That coverage prompted the
guardianship court to impose a gag order barring the parties from
discussing the case with the media.
Max sued Kaplan claiming the
judge violated her Fourteenth Amendment due process rights by failing to
prevent New York guardianship judges from engaging in ex parte
communications with court-appointed guardians in contested proceedings.
But
even assuming that those kinds of communications amount to an injury in
fact, the injury can’t be traced to any act or omission by Kaplan, the
court said.
To establish traceability, a plaintiff must show a
causal connection between the alleged injury and the conduct complained
of, the court said. The injury can’t be the result of independent action
by a third party not before the court.
Max alleged that four
different judges who have presided over her father’s highly contentious
guardianship have engaged with one-sided conversations with his
court-appointed representatives “pursuant to established court practice”
and “consistent with guidance and instructions,” and that Kaplan has
authority over those practices.
But her complaint alleged no facts
showing that Kaplan “affirmatively established a court practice,
policy, or custom, or promulgated any guidance, instruction or advice,
permitting guardianship judges to engage in ex parte communications in
adversarial proceedings,” the court said.
Without such
allegations, “the complaint utterly fails to provide any basis for
concluding that the state guardianship judges’ alleged practices are
fairly traceable to anything Kaplan has actually done,” the court said.
Because
Max claims that guardianship judges are disobeying constitutional and
judicial rules barring ex parte communications, “we can only concluded
that Max’s alleged injury is the result of each guardianship judge’s
‘independent action,’” the court said.
Judges Amalya L. Kearse, Gerard E. Lynch, and William J. Nardini decided the case.
Max
is represented by Emery Celli Brinckerhoff & Abady LLP. Kaplan is
represented by the New York State Office of the Attorney General.
The case is Max v. Kaplan, 2d Cir., No. 23-00201, summary order 1/25/24.
KILLEEN, Texas (KWTX) - Two Killeen men are charged with financial exploitation after allegedly stealing thousands of dollars from a 78-year-old man in Jefferson City, Missouri.
Brandon Lamar Martin and Tarus Delynn Prince have been charged with fraud-financial exploitation of an elderly person and stealing $750 or more.
On Jan. 12, Jefferson City Police Department (JCPD) officers responded to a victim’s home for a fraud investigation after the victim claimed he was scammed out of $40,900, according to a probable cause statement.
The victim told police he was using his laptop on Jan. 9 when he accidentally clicked on a “pop-up” advertisement, causing his computer to lockup.
The pop-up window said the computer was infected with a virus and provided a phone number for the victim to call that claimed to be Microsoft’s technical support, according to the statement.
The victim called the number on the pop-up and spoke with a man named “James” who told the victim his contact information would be forwarded to a Microsoft fraud investigator.
On Jan. 10, the victim received a call from a man named “Steve” who claimed to be an investigator with Microsoft’s fraud department.
“Steve” said he could remove the virus if the victim provided personal information, according to the statement.
After the victim gave “Steve” the information, the statement alleges the victim watched as someone remotely accessed his laptop.
The victim saw someone gain access to his Missouri Credit Union (MCU) banking account and begin moving funds between the checking and savings accounts, according to the statement.
“Steve” then told the victim to go to the bank and withdraw $16,400 to help with restoring the laptop’s systems, according to the statement.
The victim said “Steve” asked him to remain on the phone while the victim was withdrawing the money.
After the victim withdrew the money, “Steve” told him that a runner would come to his house and provide a password to collect the money, the statement alleges.
The following day “Steve” called the victim again, this time requesting the victim withdraw $24,500.
The victim repeated the process, and this time a different runner came to collect the funds.
MCU’s fraud department director called the victim to ask why he withdrew so much money and explained the to the victim that he had been defrauded, according to the statement.
Investigators with the JCPD were assigned the case and arranged an interview with the victim on Jan. 17.
When police met with the victim, he informed police that “Steve” had continued calling him and asking him to withdraw more money, the statement alleges.
While police were at the victim’s home “Steve” called the victim to ask for $20,000 and police devised a plan to simulate a bank trip.
Police brought the victim to the JCPD and pretended to do the bank transaction while “Steve” was on the phone.
Again, “Steve” told the victim a runner would come by to collect the money. Police recorded the entire conversation while “Steve” was on the phone, according to the statement.
Police coordinated with the victim to be able to have officers wait at his home for the runner to arrive in order to arrest them.
When the runner arrived, both Martin and Prince were arrested by police. During the arrest, the statement alleges police found $4,183 on Martin and paper bands with different amounts of money.
While being questioned by police, Prince told authorities that Martin owned restaurants in Texas and other states and was in Missouri attempting to franchise the restaurant, the statement alleges.
While Martin was being questioned, he told police that he was involved in illegal gambling and card games in Texas and had a significant amount of debt, according to the statement.
Martin claimed he met a group of men from India who told him of a way to make money.
The group told Martin he would go to cities across the U.S and collect money from people paying off their own gambling debts, the statement alleges.
Martin was contacted by a man named “Alex” through WhatsApp and given an address and how much money he was supposed to collect, according to the statement.
Martin told police he and Prince left their homes in Killeen to drive to the victim’s home, the statement alleges.
According to the statement, Martin claimed he had done multiple pickups on people between the age of 50 and 65-years-old.
Martin gave the police consent to search his phone and several messages were found from “Alex” detailing information about the pickups, the statement alleges.
HARRISBURG, Pa. (WHTM) – Adults 60 and older can now receive free
legal representation during guardianship cases in Dauphin County.
The program, which runs through the Pennsylvania Courts’ Office of
Elder Justice in the Courts, is paid for by a new, grant-funded pilot
project with MidPenn Legal Services and the Dauphin County Orphans’
Court.
The court system says the initiative is focused on
increasing the appointment of counsel and frequency of attendance for
those in guardianship cases.
“Guardianship is sometimes necessary for persons with diminished
capacity or persons with a disability in managing their affairs,” said
the OEJC’s Senior Judge Paula Francisco Ott. “The appointment of counsel
through this partnership is a tremendous benefit to all older
Pennsylvanians, further ensuring that their concerns, wishes, and rights
are respected and protected at every step of the legal process.”
Individuals in guardianship cases can still decline or hire their own representation.
SCOTT
CITY, Mo. — A Scott County grand jury indicted a local construction
contractor on stealing and financial exploitation charges.
According to Scott City Police Chief Chris Griggs, officers with the
Scott City Police Department conducted an in-depth investigation into
Blake E. Hickman, 34, of Cape Girardeau, Missouri, and his business,
Blake Hickman Construction.
In mid-2023, Hickman was hired by a local businessman to complete
contractor work, and renovations at a local business. According to the
victim, Hickman allegedly failed to complete work and failed to comply
with request for invoices and project progress. Throughout this
investigation, another victim was discovered, an elderly resident.
Allegedly Hickman failed to provide the contractor service for the
resident and was without project completion.
“Our officers thoroughly investigated these reports and spent time
and resources to file the investigations for prosecution,” Griggs said.
On Jan. 17, Hickman was indicted by a grand jury of the 33rd Judicial
Circuit of Scott County and charged with stealing-$25,000 or more and
financial exploitation of the elderly/disabled person.
Hickman’s bond was set at $25,000 cash/surety. He was taken into custody Jan. 20 and posted bond and was released.
Hickman is scheduled to be arraigned at 9 a.m. Feb. 29 before Judge David A. Dolan in Scott County Court.
A
Wehead, an AI companion that can use ChatGPT, is seen during Pepcom’s
Digital Experience at the The Mirage resort during the Consumer
Electronics Show (CES) in Las Vegas, Nevada. BRENDAN SMIALOWSKI/AFP via Getty Images
If
a loved one called you in a panic asking for help—maybe they just got
arrested or kidnapped and needed money immediately. What would you do?
Here’s the thing, the voice on the other end of the line might not be them. It could be AI.
Artificial Intelligence is now making it possible to clone someone’s voice – and use it to trick family or friends. Scammers are taking advantage of the technology to con panicked loved ones out of hundreds and sometimes thousands of dollars.AI is also being used to devise more realistic romance scams and AI generated videos, also known as deepfakes.Recently, a Taylor Swift deepfake was used in a video to shill pots and pans to unwitting fans.
Washington has been watching.A bipartisan group of House lawmakers introduced the No AI Fraud Act this month. The bill would protect Americans’ likenesses and voices against AI-generated fakes.Earlier this month, the FTC created a competition with an award of $25,000 for the best ideas to protect consumers from these scams. And in November, the Senate Special Committee on Aging held a hearing on this kind of fraud and how to address it.
We learn more about these scams and what people can do to protect themselves from falling victim.
Some tips from our guests:
If you suspect a voice clone scam, try to interrupt the caller and ask a question
Ask a question only that person would know
Establish a password with family and friends
Don’t send money through untraceable means like gift cards or cryptocurrency
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