VermontBiz The Attorney General’s Office announced
that Lilac Rain Brown-Fisher, 28, of Essex Junction, Vermont, was
charged yesterday with one count of felony Grand Larceny, one count of
felony of Larceny from a Person, and one count of felony Financial
Exploitation of a Vulnerable Adult.
The Attorney General’s Medicaid Fraud and Residential Abuse Unit
(MFRAU) brought the charges, alleging that Ms. Brown-Fisher, who was
formerly an Activities Director at Maple Ridge Memory Care in Essex
Junction, stole valuables and keepsakes from at least one elderly and
disabled client. A joint investigation by the Essex Police Department
and South Burlington Police Department, with the assistance of Maple
Ridge’s management, was initiated when a family member of a resident of
Maple Ridge Memory Care noticed that an heirloom ring had disappeared.
The ring was later recovered, but the investigation revealed more
instances of Ms. Brown-Fisher stealing jewelry from other clients at
Maple Ridge Memory Care. Further charges are anticipated as MFRAU
identifies those additional victims and contacts their families.
Ms. Brown-Fisher pleaded not guilty at her arraignment on March 28,
2024, in Vermont Superior Court, Chittenden Unit Criminal Division. The
Court, Judge Kevin Griffin presiding, ordered conditions of release,
including that Ms. Brown-Fisher has no contact with Maple Ridge
residents or employees other than through counsel for the purpose of
legal representation.
Financial Exploitation of a Vulnerable Adult carries a maximum
penalty of up to ten years imprisonment and/or a fine of not more than
$10,000. Grand Larceny carries a maximum penalty of not more than ten
years imprisonment and/or a fine of not more than $5,000. Larceny from a
Person carries a maximum penalty of up to ten years imprisonment and/or
a fine of not more than $500.
If you suspect anyone is being or has been exploited, neglected, or
abused, contact local law enforcement immediately. Elder exploitation,
neglect, and abuse may also be reported to Adult Protective Services by
calling 800-564-1612 and MFRAU at https://ago.vermont.gov/medicaid-fraud-report-form.
The Attorney General’s Office emphasizes that individuals charged
with a crime are legally presumed innocent until their guilt is proven
beyond a reasonable doubt in a court of law.
Shelbyville, TN - A Shelbyville resident, Mary Ann Pruitt, is facing
serious charges following an investigation by the Tennessee Bureau of
Investigation's Medicaid Fraud Control Division. The investigation began
after concerns were raised by the Tennessee Department of Human
Services Adult Protective Services regarding possible financial
exploitation.
Mary Ann Pruitt, born on April 20, 1942, allegedly had possession of a
debit card belonging to a former tenant of her residence, who was a
recipient of TennCare. It's alleged that over a span of about two years,
Pruitt used the tenant's debit card for personal purchases and cash
withdrawals across multiple counties without authorization.
On Monday, the Bedford County Grand Jury issued indictments against
Pruitt, charging her with one count of Financial Exploitation of a
Vulnerable Adult and one count of Theft. Subsequently, authorities
arrested Pruitt on Wednesday and placed her in custody at the Bedford
County Jail. Bail was set at $25,000.
DISCLAIMER: All suspects are presumed innocent until
proven guilty in a court of law. The arrest records or information about
an arrest that are published or reported on NewsRadio WGNS and
www.WGNSradio.com are not an indication of guilt or evidence that an
actual crime has been committed.
Brian Andres, 42, arrested and booked into county jail
– Brian Andres, 42, was arrested by Paso Robles Police Department
officers on charges of felony elder abuse after he allegedly assaulted
his 71-year-old father inside their home.
On Mar. 25 around 10:15 a.m., a 9-1-1 call was made by the elderly
victim reporting the assault at their residence in the 2300 block of Oak
Street. Upon arrival, officers found the victim outside the home, with
injuries to his face and arm.
Andres briefly emerged from the residence but retreated inside upon seeing law enforcement personnel on scene.
After negotiations lasting over an hour, Paso Robles Police officers
forcibly entered the home and apprehended Andres without further
incident.
Andres faces charges of felony elder abuse, with an enhancement due
to the victim’s age, along with a probation violation. He was
subsequently booked into the San Luis Obispo County Jail.
Hill,
58, is accused of exploiting a 96-year-old woman and taking more than
$100,000 from her, according to an investigation by the Florida
Department of Law Enforcement.
Hill
was booked into jail on seven charges. During her first appearance
Thursday, a judge said her $40,000 bond was already posted, and she was
to have no contact with the victim or any witnesses. Hill left the jail
Thursday afternoon.
“Mrs.
Hill effectively betrayed the trust of her community by taking
advantage of a 96-year-old elderly citizen, which is one of the most
vulnerable in that community,” said FDLE Assistant Commissioner Lee
Massie. “A victim who was the last of her family in the area was
manipulated and lied to, her finances and personal information misused
and abused for Hill’s personal benefit. Obviously extremely tragic.”
Court
documents uncovered by News 6 show that FDLE was investigating whether
Hill established a power of attorney over the woman and secured a
mortgage for a home in the Lake Mann Estates area of Orlando, without
the woman’s knowledge.
Investigators
believe Hill’s son and his girlfriend live in the home, while Hill
resides in a home in the Washington Shores neighborhood that once
belonged to the elderly woman’s parents — and was not paying rent.
According
to the documents, Hill also allegedly used more than $100,000 of the
woman’s cash and credit cards to buy perfume, clothing, IV vitamins, a
facelift, a trip to Miami, dental surgery and car insurance.
“What
we can speak about and what we know from the interviews and what we’re
allowed to say today is that the victim in this case was not aware of
how much she had signed over to Commissioner Hill,” said FDLE Orlando
Special Agent John Vecchio.
The FDLE
documents show the agency received a tip last year from a former aide of
Hill’s who had been fired from their job. The case is still active,
according to Massie, as they await further tasks from the state
attorney’s office.
The documents were part of a petition filed by the woman’s attorneys to keep Hill away from the woman’s finances and properties.
A judge issued a temporary injunction last week.
FDLE says they have no evidence at this time of any other victims.
Vecchio
also said that while the evidence shows Hill met the victim through her
work as Orlando city commissioner, none of the charges against her
involved her office.
“The
charges today have to do with her acting as a citizen, not in her
official capacity,” Vecchio said. “So we need to stay focused on these
crimes. She is charged because of what she did as a person.”
The
city of Orlando on Thursday said it was aware of the arrest of Hill,
who has been re-elected twice and is currently in her third term, which
ends in 2026.
When
asked about Hill’s future as a commissioner, Orlando Mayor Buddy Dyer’s
office said in a statement, “We do not have any authority to discipline
an elected official, including suspending them from office, as that
power lies with the governor.”
If
Florida Gov. Ron DeSantis were to suspend Hill, the city would work
with the Supervisor of Elections to hold a special election to
temporarily fill the District 5 city commission seat.
Before
Hill was elected in 2014, Hill had been in and out of jail on a variety
of charges, including possession of marijuana in 2005, when she was
sentenced to six months of probation. In 2000, Hill was found guilty of
disorderly intoxication.
Hill
also was also arrested multiple times in Orange County on charges of
possession of illegal substances, although many of those charges were
dropped.
News 6 spoke with Raymond Traendly, a partner at TK Law, who commented on what cases like these entail.
“When
you sign a power of attorney, you’re allowing a third party to act as
your agent. That person as your agent has what’s called a fiduciary
obligation,” Traendly explained. “That fiduciary obligation requires you
to make sure you put the person whom you’re protecting’s needs first...
When you’re paying for plastic surgery, buying a house that you’re
living in and you’re residing, and you’re not making the best use of
your funds, you are violating that legal duty.”
According to Traendly, Hill has a few routes to work with in terms of a legal defense.
“Ms.
Hill’s best defense is (going to) be somehow establishing a paper trail
showing that she was properly communicating with the victim, notifying
her of what the charges were and obviously if there’s anything in
writing that she was given permission to use these funds for her own
personal use. That is going to be her best defense,” he said.
Scott Newmark is accused of taking nearly $70,000 from two elderly or disabled adults he was close to.
Author: Aaron Parseghian
CLEARWATER, Fla. — A Pinellas County man is behind bars, accused of stealing tens of thousands of dollars from two elderly and/or disabled adults he's close to.
According to an affidavit obtained by 10 Tampa Bay, 26-year-old Scott
Newmark is charged with two counts of felony exploitation of an elderly
person or disabled adult.
Newmark is accused of taking nearly $70,000 from two elderly or
disabled adults he was close to. The documents redact the names of the
victims and their relationships.
Investigators say the victims allowed Newmark access to one of their
bank accounts to act as an advisor, but he then used that position of
trust to access other accounts.
“The defendant limited access to these other funds by the victims and
completed several transactions including writing checks to himself,
writing checks to his sister and purchasing a house for his personal
use,” the affidavit reads.
Investigators say without access to the money for several years, the
victims were evicted from two separate assisted living facilities,
forcing them to move back in with Newmark in the home their money was
allegedly used to pay for.
“The defendant exhausted all of the victims’ money through lies,
fraud and deceit for approximately $69,300 in down payments for the
house,” the officers’ statement continues.
The Pinellas County Sheriff’s Office declined 10 Tampa Bay’s request for an interview. According to court records, Newmark is currently in the Pinellas County Jail being held on a $250,000 bond.
Records also show Newmark is facing a number of other charges in
separate cases, including cruelty to animals, battery on a law
enforcement officer and dealing in stolen property.
Elderly exploitation, which Newmark is charged with in this case, is a nationwide problem magnified in Florida.
“We're talking about essentially fraud and theft,” says Attorney Charles Gallagher, talking to 10 Tampa Bay on background.
“Our
population is very much rich with folks that are older and elderly. And
as a result, we do have more claims here probably than most other
areas,” Gallagher added.
According to the FBI,
just last year in Florida there were 8,100 fraud victim reports
regarding people at least 60 years old, including things like extortion
and scams, with losses totaling more than $290 million.
Attorneys like Gallagher say it’s important for seniors and their families to be aware of these kinds of issues.
"Communicating
with the family member and getting a good idea of their capacity, if
you see them declining, you want to go ahead and intercede sooner than
later, you don't want to have something that already happened and lose
assets and property and be worse off,” Gallagher explained.
“Just yesterday I talked with a prospective client. They had concerns
that their family member was befriending someone locally and going to
the bank,” Gallagher added.
Gallagher also says it’s a good reminder to consider getting a living will or trust in order.
"Planning is key and helpful in halting all of these problems before they happen,” Gallagher said. “Being proactive is key.”
If you believe a senior is at risk of abuse or exploitation, the
state Department of Children and Families hotline can be reached at 1-800-962-2873.
The ongoing saga of Britney Spears
and her conservatorship has shone a spotlight on the challenges
associated with financial conservatorships, exposing both their
potential benefits and serious pitfalls.
This
legal arrangement, meant to protect those unable to handle their
affairs due to mental or physical challenges, can transform into a
precarious situation when misused. Spears' story, as told in her recent
memoir, The Woman in Me, serves as a stark example of how a well-intentioned legal tool can turn into a distressing ordeal,
sparking a call for reforms to uphold the autonomy and rights of
individuals under conservatorships. Here are several possible reasons a
conservatorship might go awry.
Loss of autonomy
New York attorney Jill H. Teitel reports, “Despite the legal protections put into place by the majority of states in the United States via the Uniform Guardianship, Conservatorship and Other Protective Arrangements Act,
guardianship judges still remain protective and inflexible to the
wards’ particular strengths and areas of independence out of fear that
these persons will be taken advantage of by those who do not petition
the court. By encouraging courts to issue orders reflecting the ability
of wards to act independently, we have seen a shift in how the courts
should view a person’s ability to make certain decisions for
him/herself. However, for some persons, ironically, the effect of
financial conservatorship is the unfortunate erosion of personal
autonomy.”
Individuals under conservatorship surrender control over their
financial decisions and personal lives to a court-appointed conservator.
While this may be justified in cases of genuine incapacity, it often
results in a loss of personal freedom. Spears' decade-long struggle
highlights the emotional distress accompanying this loss of autonomy.
As attorney Laura Fischer
says, “There is no greater loss than that of your own free will. It is
imperative to manage your own planning and have the proper ancillary
documents in place to specify under exactly what conditions your affairs
should be managed and by which trusted individuals.”
Potential for abuse
Financial
conservatorships create an environment prone to abuse, as conservators
wield substantial power over the individual's assets. Financial abuse
is a controlling tactic used by abusers over their victims in ways such
as sabotaging income and access to money, restricting how the victim is
allowed to use money and the things they can own and financially
exploiting the victim’s financial situation by stealing or misuse of
funds.
Fischer reminds us, “Abuse comes in all shapes and sizes,
from physical to financial to mental. Establishing a care plan, in
advance, with a team of knowledgeable professionals ensures that your
carefully considered wishes can be fulfilled.”
Victims are often
prevented from leaving their abusers because they lack the financial
knowledge to be successfully independent. Teitel sees in her practice
that “the cycle of dependence perpetuates, disempowering some wards to
be in control of their financial situation.”
In the Spears case,
concerns arose about financial mismanagement and excessive fees, raising
questions about the exploitation of the conservatorship for financial
gain. Abuse can manifest through misappropriation of funds or decisions
prioritizing the conservator's interests over the individual's,
jeopardizing financial stability.
Fischer points out, “Legal
documents, themselves, can specify not only the persons in charge, but
also the appropriate fees that are to be paid to them.”
Lack of accountability
While
subject to court oversight, the scrutiny of financial conservatorships
varies, allowing potential abuses to go unchecked. Spears’ situation
underscores the need for robust oversight, emphasizing transparency and
accountability in the conservatorship process.
Lengthy and costly legal battles
“Even
though the courts must adjudicate their cases pursuant to the law, if
the attorneys and their clients are not motivated to use these
alternatives to conservatorship and guardianship, wards will continue to
suffer,” Teitel says.
It is a real definitive possibility that
ending a conservatorship will be a prolonged and expensive legal
process, placing additional burdens on the individual. Legal battles to
regain financial control can deplete both financial and emotional
resources. Spears’ enduring struggle exemplifies the challenges
individuals face in reclaiming their autonomy. But “it is generally lack
of clarity that creates opportunities for people to exploit individuals
and their assets,” Fischer says. “Through deliberate and informed
planning, one can lay out a clear plan that leaves no room for such
exploitation.”
Stigma and mental health implications
Being
under a conservatorship carries a significant stigma, potentially
portraying the individual as incapable of making sound decisions. This
can have detrimental effects on mental health and self-esteem, as
demonstrated by Spears' revelations about the impact of the
conservatorship on her well-being.
Conclusion
The
Spears case highlights the hazards of financial conservatorships and
the urgent need for legal reforms. Spears is not the only celebrity who
has dealt publicly with these abuses. In September 2023, NFL player Michael Oher — who inspired the 2009 film The Blind Side — had his conservatorship terminated
by Shelby County Probate Court Judge Kathleen Gomes. Oher signed the
conservatorship under the misconception it was adoption papers when, in
fact, it allowed Leigh Anne and Sean Tuohy to have all powers of attorney
to act on Oher’s behalf, and he was not allowed to enter any contracts
or bind himself without the direct approval of his conservators.
While
conservatorships can be necessary, careful monitoring is crucial to
prevent abuse and preserve individual rights. Proposed reforms include
enhanced transparency, regular capacity evaluations and mechanisms for
individuals to petition for conservatorship termination. Addressing
these issues is vital to strike a balance between protecting vulnerable
individuals and safeguarding their fundamental rights and autonomy.
TAMPA, Fla. (WFLA) — A federal judge has appointed a trustee to
manage a local non-profit facing bankruptcy and allegations of missing
money.
The Center for Special Needs Trust Administration promised to
safeguard money meant to help provide for disabled people throughout
their lives. 8 On Your Side has revealed the center’s founder stands
accused of loaning himself 100 million dollars and never repaying it.
A Fort Myers family said it was a battle to get the money to care for Sarah Hall to begin with.
“This is the most the most disabled you can be, there isn’t a degree beyond this,” said Theresa Schlosser, Sarah’s mom.
Sarah needs around-the-clock care. The expected year 2000 crash came unexpectedly for Schlosser.
“She was involved in a wreck in the year 2000 when everyone thought
the world would crash; there’s didn’t, ours did,” said Schlosser.
Sarah was 18 years old and 10 weeks pregnant at the time.
“She was driven under a parked semi at 60 mph,” said Schlosser.
A miracle happened six and a half months later.
“She’s the first person in Florida to give birth naturally while in a
coma. She pushed my grandson out like she was awake,” said Schlosser.
Sarah is a fighter who battled cancer, survived the crash, and gave birth to a healthy baby boy. Sarah is now 41, and he is 22.
“He is the parent, and she is the child,” said Schlosser about her
grandson. “He is the most loving, kind, gentle person that I know.”
“It pretty much means the world to me. I’ve done this since I was about 10,” said Sarahson Hall, Sarah’s son.
The
car crash led to a lawsuit, which resulted in Sarah receiving a
settlement and monthly annuity payments so her family could take care of
her for the rest of her life.
“My lawyers advised me to put the money with the center, which I did
in 2003,” said Schlosser. “I didn’t think twice about it. I trusted
these people.”
Two months ago, Schlosser needed to buy a new wheelchair for Sarah, so she called the center.
“How much have I managed to save?” Schlosser recalls asking the center.
The
center told her there was $192,000 in her daughter’s trust. Weeks
later, Schlosser was in shock when she received a letter from the Center
for Special Needs Trust Administration. That’s when she found out the
center filed for bankruptcy on February 9.
“Out of 192,000, they took $181,000,” said Schlosser.
According to the bankruptcy filing, between 2009 and 2020, the
center’s founder, Leo Govoni, got the center to loan 100 million dollars
to his company, Boston Finance Group. The loan was to be repaid back by
January 1, 2017, but the center said that never happened.
Records claim it wasn’t until Govoni’s daughter resigned and left an
unsigned letter in April 2022 that the center’s board of directors found
out about the loan. But two weeks ago, that same board resigned. Govoni
was gone. The center had hired attorneys to find the money and initiate
the bankruptcy.
“I trusted them,” said Schlosser. “I gave them an open dollar for
them to take my daughter’s money and do whatever they wanted to do with
it and invest it in themselves.”
When it was known to the center, and they were taking action to
protect the victims, somehow more money still went missing. Sarah was
left with about $10,000.
“How in your conscience do you decide to
take what is helping her to live every day the best that she can live
and take it away? Where do you find that in your soul?” said Schlosser.
Last
week, a federal judge appointed a Chapter 11 Trustee to run the
center’s operations. Attorney Michel Goldberg of the Akerman law firm
was named as the Trustee. According to the Akerman website, Goldberg
chairs his firm’s Fraud and Recovery Practice, “an experienced team of
lawyers focused on unraveling high-profile investor fraud, including
Ponzi schemes.”
But Schlosser believes it’s too late.
“No more trusts,” she said. “This is a system that obviously does not
work, and it is potentially harmful to the very people that was it was
established for.”
According to the Bankruptcy Court for the Middle District of Florida,
there is a hearing at the Federal Courthouse in Tampa on Thursday. This
is the first time we’re expecting to see all the key players involved
in this case in person.
Hawai`i residents and businesses reported losing $51.7 million to
internet crimes in 2023, a huge 45 percent increase over the $35.8
million reported in 2022. The number of Hawai`i complaints reported also
increased from 1,703 in 2022 to 1,954 last year, a 15 percent increase.
The internet crime losses and complaints in Hawai`i are growing faster than the national average, according to the annual FBI Internet Crime Report,
released earlier this month. The FBI’s Internet Crime Complaint Center
said it received over 880,000 complaints last year with potential losses
exceeding $12.5 billion nationally. That’s about a 10 percent increase
in complaints from 2022 and a 22 percent increase in losses.
“The
actual amount of fraud losses to internet crimes is likely much higher
because many people and businesses don’t report crimes to authorities,”
said AARP Hawai`i State Director Keali`i Lopez. “That’s why AARP Hawai`i
tries to educate kupuna and their loved ones about fraud prevention
through the AARP Fraud Watch Network (aarp.org/fraudwatch).”
The
top three crime types most frequently reported by victims were
phishing/spoofing, personal data breach, and non-payment/non-delivery.
The new FBI report says top three crime types reported by victims of
fraud loss are investment scams, business email compromise (BEC), and
tech support scams. Phishing and spoofing schemes had over 298,000
complaints reported in 2023. Personal data breaches had over 55,000
complaints reported, and non-payment/non-delivery scams had 50,000
complaints.
The top three crime types reported by victims of
fraud loss were investment scams, business email compromise (BEC), and
tech support scams.
“Education can help protect ourselves, our
workplaces and loved ones from fraud,” said Paul Greenwood, a former
elder abuse prosecutor and AARP fraud speaker, who is coming to Hawai`i
for a series of Fight Fraud Together seminars on Kauai, Hawai`i Island,
Oahu and Maui April 22nd through April 26. The seminars will
look at some of Hawai`i’s top frauds and strategies for spotting and
avoiding fraud and financial exploitation.
“At
the Fraud Watch Network, we’re seeing an increase in cryptocurrency
scams and online commerce scams targeting both sellers and victims,”
Nofziger said. “Our Anatomy of a Scam webinar will take an in-depth look
at internet and social media marketplace scams.”
Nationally,
investment fraud was the biggest source of lost money, rising to $4.57
billion in 2023, a 38% increase from 2022. Within these numbers,
crypto-investment fraud losses rose to $3.94 billion in 2023, a 53%
increase from 2022. Business email complaints amounted to $2.9 billion
in reported losses, and tech support scams were the third highest losses
with over $924 million reported stolen.
Victims 30 to 49 years
old were the most likely group to report losses from investment fraud,
while those over 60 accounted for well over half of losses to tech
support scams.
Ransomware continued to be damaging and impactful
in 2023. IC3 received over 2,800 ransomware complaints and losses rose
to $59.6 million, a 74% increase from last year. The critical
infrastructure most reported as impacted by ransomware were health care
and public health, critical manufacturing, and government facilities.
In
a news release, the FBI said the Internet Crime Complaint Center gives
the public a direct way to report cyber threats, complex financial
crimes and other online threats. The FBI encourages victims to report
suspected internet crimes at ic3.gov.
The Internet Crime
Complaint Center was established in May 2000 to receive complaints of
online-related crimes. Since its inception, IC3 has received over eight
million complaints.
The FBI recommends that the public frequently
review consumer and industry alerts published by the Internet Crime
Complaint Center.
A pair of Iowa care facilities
are facing sanctions for failing to provide medical assistance for their
residents, two of whom died.
Earlier this month, the Iowa Department of Inspections and Appeals
proposed, but held in suspension, an $8,700 fine for the Aspire of
Donnellson nursing home. In that case, the home had failed to attempt
cardio-pulmonary resuscitation, or CPR, for two residents, both of whom
died.
In the first of those two cases, according to state reports, a male
resident of the home was found in his bed at 5:15 a.m. on Jan. 18, ashen
colored with no pulse or respirations. The aide who found him later
told inspectors the man was still warm when found. According to the
inspectors, the aide had checked on the man after noticing his light was
on, suggesting he was up or at least awake.
After noticing the man wasn’t breathing, the aide summoned a nurse
and asked whether they should initiate CPR. The aide allegedly told
inspectors the nurse never answered and instead called the family to
report the man was dead.
The nurse told inspectors that he had not been “exactly sure” about
the resident’s code status which would indicate whether attempts to
resuscitate him should be made, according to state reports. He
acknowledged, however, that it was later determined the man was “full
code,” indicating CPR should have been attempted.
Eleven days after that incident, a female resident of the home was
found unresponsive in bed at about 10 p.m. The woman’s guardian and
family were notified, and a funeral home was summoned to pick up the
body. Although the resident was “full code,” no one on staff had
attempted CPR, according to state reports.
According to inspectors, the nurse who examined the resident that
night later stated she didn’t know the resident’s code status. but said
the woman’s hands and feet were purple in color. An aide who was present
said the woman was still warm when found. A third employee who worked
that night told inspectors she didn’t know how to determine a resident’s
code status and hadn’t been trained in such matters, according to state
records.
Separately, the state inspections department fined the Silvercrest
Garner Farms assisted living program $3,500 for failing to promptly
contact emergency medical services for a resident who was in respiratory
distress.
Early on the morning of March 2, the staff found a resident on the
floor, with her oxygen-saturation level somewhere in the range of 90% to
100%, according to state records. (Typically, an oxygen-saturation
level below 92% is considered dangerous.) The staff reported they
telephoned the on-call nurse and left a message but never received a
call-back.
Later that day, the resident was again found on the floor, this time
with their oxygen-saturation level in the 80s, suggesting urgent
intervention was needed. Again, the staff reported calling the on-call
nurse and leaving a message, but without receiving a call-back.
The following evening, the resident’s daughter found the resident
lying on the floor with an oxygen-saturation level in the 80s. The
daughter asked that her mother be sent to the hospital and 911 was
called.
According to state inspectors, the director of nursing later
concluded the staff had failed to ensure that the correct on-call
schedule for nurses was available to workers. The on-call nurse the
staff had been trying to reach wasn’t even employed by the facility at
the time of the incident, according to inspectors.
The inspectors’ report does not indicate whether the resident
survived, but notes that after she was taken to the hospital, she was
admitted for treatment of COVID-19.
CARROLL COUNTY, Ga. — A Carrollton woman is facing charges of fraud and exploitation against the elderly.
According
to the Buchanan Police Department, eight warrants have been issued for
Johnna Hannah, 28, following a February investigation that revealed
dozens of instances of financial abuse of elderly people.
Chief Ratner with BPD said he got a call from Countryside Healthcare concerning a report of irregular bookkeeping.
He said a victim told him a credit/debit card had been used on a special occasion.
Ratner
asked for warrants to check the books handled by the business manager
and two weeks later, he got a list of checks used and tracked them.
There were 39 victims at the time.
He said there were 39 fraud account charges and 39 counts of exploitation of the elderly.
According to police, Hannah bonded out on the first four warrants.
Ratner then sent a subpoena for the bank records of Hannah at the Navy Credit Union.
When he got the results back on Mar. 15, he found more fraud checks.
One
included a 78-year-old man who was a former steelworker who signed money
over to her thinking it would pay for his funeral expenses.
After that, police said there were eight more warrants: 4 for account fraud and 4 for elderly exploitation.
Police
said Hannah is facing approximately 93 charges combined of account
fraud and elder exploitation, with the funds totaling $64,381.
PLYMOUTH — Michelle Trojano, who
previously pleaded guilty to two counts of felony theft, has been
sentenced by Grafton Superior Court to 12 months of incarceration. She
has also been ordered to pay restitution to her victims.
Trojano,
30, of Plymouth, was prosecuted by the Attorney General’s Office Elder
Abuse and Financial Exploitation Unit for two thefts, each considered
felonies involving amounts greater than $1,500.
The
first charge accused Trojano of exercising control of another person’s
bank account from December 2017 to June 2019, “with a purpose to
deprive” the rightful owners of the account, according to a press
release from the Attorney General’s office. On this charge, Trojano was
sentenced to 12 months in the house of corrections, and was ordered to
pay $159,759.54 in restitution.
A second charge held that
Trojano had gained similar control over another person’s bank account
from April 2 to April 26, 2019. For this charge, Trojano was given a
suspended sentence of up to seven years in state prison, and was ordered
to pay restitution of $8,300.
A
LinkedIn profile matching Trojano’s name listed her occupation as a
teacher at New Hampton School. A person who works in New Hampton
School’s human resources department said Trojano is not currently an
employee of the school, but couldn’t say whether she had previously
worked there.
The case
was investigated by Plymouth Police Department and prosecuted by Bryan
J. Townsend II, senior assistant attorney general, of the elder abuse
and financial exploitation unit.
The Kansas Senate has passed a bill that would expand the state’s Silver Alert system.
Traditionally used whenever senior citizens go missing, Senate Bill
371 is designed to expand the alert system to include missing people
ages 18 or older with intellectual disabilities. The bill passed
unanimously, including a yes vote from 17th District Senator Jeff
Longbine of Emporia, and now goes to the Kansas House for discussion.
Separately, the Senate overwhelmingly passed House Bill 2562,
creating the Protect Vulnerable Adults from Financial Exploitation Act.
This will mandate a broker-dealer or financial investment adviser to
report confirmed or attempted exploitation. It would also give
broker-dealers or investment advisers the authority to delay
transactions or disbursements whenever financial exploitation is
expected. Longbine was in the 38-2 majority after the bill passed the
House unanimously.
FAIRMONT, W.Va. – Detectives with the Marion County
Sheriff’s Department have charged two people with stealing more than
$17,000 from a disabled, elderly person.
The complaint originated from Adult Protective Services on March 8
about potentially fraudulent charges shown on an elderly victim’s bank
statement.
Detectives were told that Amy Owens, 27, of Fairmont, had the
victim’s card and had no permission to use it, but there were
transactions from November 2023 to February 2024 that totaled $5,827.50.
During that period, Owens allegedly told the victim the card had been
frozen due to fraudulent activity and the account could not be
accessed.
While reviewing bank statements from the victim, detectives learned
there were several CashApp transactions made to Wesley Burton, 31, of
Fairmont. Deputies said the victim cannot move without assistance, and
Owens is not listed as the caregiver.
Detectives determined the transactions from September 2023 through the end of February 2024 totaled $17,947.41.
Owens and Burton have been charged with financial exploitation of the elderly.
Both are being held in the North Central Regional Jail.
UPPER SANDUSKY — The Ohio District 5 Area Agency
on Aging and Wyandot County Department of Job and Family Services Adult
Protective Services (APS) have collaborated to host a community event
aimed at combating elder abuse, scams and exploitation. It will take
place 10 a.m.-noon April 22 at Trinity Evangelical Church, 108 Malabar
Drive, Upper Sandusky.
The effort brings
together experts, community organizations and citizens to address
critical issues affecting older adults and also will highlight resources
to enhance healthy aging while staying safe.
It
will include a panel discussion with experts from Adult Protective
Services, the Area Agency on Aging and other specialized professionals
will engage in a panel discussion. They will share insights, strategies
and best practices to safeguard older adults from abuse and financial
exploitation.
The event will include a resource fair featuring
community organizations committed to supporting the well-being and
health of older adults. Attendees can connect with representatives
from Wyandot County Department of Job and Family Services, other
organizations from Wyandot County and the Area Agency on Aging.
A light brunch will be provided, encouraging networking and community building. Giveaways will be provided.
Researchers point to an advocacy program in Maine that works with Adult
Protective Services as one solution to preventing exploitation.
A new study found that almost 40 percent of elder mistreatment cases began with self-neglect. Photo by Jeremy Poland/iStock.
A few years ago, Adult Protective Services put Polly Madson Cox in
touch with an older woman who was neglecting herself. She lived alone,
struggled to meet her basic needs and was on the verge of eviction.
Madson
Cox, who was an advocate with the Elder Abuse Institute of Maine,
worked with the woman to try and find a way to stay in her apartment.
During that time, the woman invited someone to live with her. Madson Cox
soon learned this person was exploiting her, controlling her
medications, ability to leave the house and her finances.
A
recent study found this is a common problem. An analysis of Maine APS
investigations published online last month by the Journal of the
American Geriatrics Society found that older adults who neglect
themselves often experience other mistreatment at the same time and are
at risk of further abuse.
Addressing cases of self-neglect may
prevent later abuse, said the study’s lead author, Dr. Stuart Lewis, an
associate professor at Dartmouth’s Geisel School of Medicine.
Advocates
in Maine said the study findings reinforce the work of a program that
was piloted in 2019 under the Elder Abuse Institute of Maine.
“Self-neglect
is a huge unmet need in elder mistreatment,” Lewis said. “It has been,
historically, a very difficult circumstance to intervene in ways that
provide benefit to the person.”
Despite Madson Cox’s efforts, her
client was eventually evicted. She worked with the woman as she moved
to a hospital, then later into an assisted living facility. She was
evicted with only the clothes on her back, so Madson Cox helped her get
more clothing and regain access to her finances.
“I think we are
incredibly instrumental and a special program,” Madson Cox said. “To
meet all those needs, to be able to be involved with her all those
months. In that case she was in three different counties across the
state of Maine — and I was the sole constant for her.”
Self-neglect,
which makes up half of APS investigations nationally, occurs when
someone no longer has the capacity for self-care.
Often this
means failing to eat appropriately, care for their home, maintain good
hygiene or manage their financial affairs, according to the 2021 Adult Maltreatment Report by the U.S. Department of Health and Human Services.
Madson
Cox said some indicators of self-neglect could be unsafe housing, such
as holes in the roof, rotted floorboards or an infestation; unpaid
bills, disabled utilities or banking concerns; concerns about hygiene;
and lack of access to medical care or trouble managing their
medications.
Patricia
Kimball, the study co-author and executive director of the Elder Abuse
Institute of Maine, said it’s difficult to address self-neglect because
clients often don’t see themselves as victims. Even the term
“self-neglect” is stigmatizing, she said, because it blames the person
for their situation when there may be factors out of their control.
To
examine how self-neglect relates to other forms of mistreatment,
researchers analyzed nearly 18,000 Maine APS investigations from July
2017 to October 2021, looking at cases in which the first substantiated
allegation was self-neglect.
The study found that about half of
the individuals who were first reported for self-neglect also
experienced other mistreatment at the same time. And almost 40 percent
of elder mistreatment cases began with self-neglect.
The study
found that the time period between a report of self-neglect and another
allegation is often less than a year, ranging from 215 to 388 days, much
shorter than what was published in a previous study, Lewis said.
“What’s
important about it is (self-neglect) often occurs at the same time as
other forms of abuse; that it’s a risk factor for later abuse; and that
by treating it, you may potentially prevent other abuse later on,” Lewis
said.
Self-neglect shares risk factors with other elder
mistreatment, such as physical disability, social isolation, cognitive
impairment and lack of social support, according to the study.
The
study was conducted using Maine APS cases collected during a pilot
program of the RISE model. This model — “Repair harm; Inspire change;
Support connections; Empower choice” — is a new national approach
designed to address elder abuse in a way that reduces harm while
respecting the individual’s autonomy. Advocates refrain from pressuring
clients to make certain decisions about their lifestyle and only provide
the support the client seeks, Madson Cox said.
“We respect that
clients have the right to make their own decisions and we understand
that clients have that right even when their choices might make us or
other people uncomfortable, or might make choices that are in opposition
to those people around them,” Madson Cox said.
The
study found that about half of the individuals who were first reported
for self-neglect also experienced other mistreatment at the same time.
And almost 40 percent of elder mistreatment cases began with
self-neglect. Photo by kitzcorner/iStock
Maine’s
RISE pilot project, called Elder Service Connections, started in 2019
by pairing advocates from the Elder Abuse Institute of Maine with APS
caseworkers to work on investigations in Aroostook and Cumberland
counties.
The advocates were trained in motivational
interviewing and supported decision-making, and were able to stay with
clients long after APS might be required to close a case. Madson Cox
said the time they work with clients can vary greatly, but is usually
less than a year.
Data shows the RISE approach works: Clients are
significantly less likely to end up back in the APS system after
working with a RISE advocate.
To date, the program has received
752 referrals. It expanded in 2021 to include the entire state, and
there are currently eight advocates. The budget Gov. Janet Mills signed
last year dedicated $800,000 annually to the program.
Madson
Cox, who worked as a RISE advocate for about a year and a half and now
oversees the program, said she has seen the findings of the self-neglect
study mirrored in her work.
She mentioned the case of a woman in
her 70s who was reported for self-neglect because her furnace wasn’t
working. The woman had no hot water, struggled to get her snow plowed
and was heating her home by using the oven and space heaters. She was
paying an exorbitant electric bill, had trouble bathing without hot
water and couldn’t get out of her home to access health care.
Advocates
spent months working with her, and Madson Cox said as they got to know
the client, she disclosed that a community member was financially
exploiting her by charging an excessive price for snow removal, and a
family member was being verbally abusive and stealing her medication.
The advocates were able to fix the furnace, help with the utility bill,
secure a new snow removal service and get her medication delivered
directly.
“We have the luxury of being able to work with people
for a much greater amount of time,” Madson Cox said. “Some of the
(conditions) were known as the client became comfortable with us and
began trusting us to disclose.”
The RISE system can also work with others in the client’s orbit, including someone who may be exploiting them, Kimball said.
This
approach recognizes that often what the older adult wants more than
anything is help for a loved one who may be struggling — with addiction,
for instance — even if they are the ones exploiting them.
“Often
in maltreatment and abuse situations, our clients want the alleged
harmer to get help,” Madson Cox said. “They’re not in a place to make
choices to sever the relationship or be estranged.”
This
article was written with the support of a journalism fellowship from
The Gerontological Society of America, The Journalists Network on
Generations and The Silver Century Foundation.
A man was charged late Wednesday in Cole County with financially exploiting his elderly father.
Michael Kliethermes was charged with financially exploiting an
elderly person and misappropriating funds for a nursing home. A warrant
was issued for his arrest on Thursday and a $25,000 bond was set.
His wife, Holly Kliethermes, was charged early Wednesday
with financially exploiting an elderly person. Court records show that a
warrant was served Thursday and she posted a $25,000 bond. An
arraignment in her case is set for 9 a.m. April 26 at the Cole County
Circuit Court.
Court documents say the couple took $72,903.59 and didn’t pay for the victim’s nursing home care.
On Oct. 18, the Missouri Department of Health and Senior Services
received a referral alleging financial exploitation, claiming that
Michael Kliethermes was not paying for his father’s care at Stonebridge
Senior Living.
The probable cause statement says that Michael Kliethermes obtained
the power of attorney on Nov. 4, 2021, and the couple started using the
account on Nov. 8, 2021, by paying for a bank Visa card and expenses
charged to it.
On Nov. 15, 2023, law enforcement interviewed Michael Kliethermes,
who allegedly admitted to cashing his father’s tax return checks, but
claimed he used it to by his father “goodies,” according to court
documents.
Kliethermes claimed he was aware of a $50,000 balance due to the
nursing him, the probable cause statement says. When law enforcement
told him that $72,000 was taken from his father’s account, Kliethermes
blamed his wife, the statement says.
Ralph Cowart and Meghan McCullough(Candler County Sheriff's Office)
By WTOC Staff
CANDLER COUNTY, Ga. (WTOC) - Some charges in a case of elder neglect in Candler County have been dismissed.
The co-owner and executive director of Southern Manor were arrested last August.
The
Candler County Clerk of Court confirming to WTOC today two charges have
been dropped against Ralph Cowart and Meghan McCullough.
They
are still charged with exploitation and intimidation of disabled
adults, elder person and residents, along with failure to report a case
of abuse of disabled adult.
They were originally also facing neglect and reckless conduct charges, but again, those have been dropped.
My wife had a cousin, “Bob,” who was married and had no children. He
told her that he and his wife, “Mary,” had made new wills, prepared by
an attorney, and that he had made sure that if he died first, Mary would
state that my wife would inherit part of their estate.
Here is
what happened: Bob’s estate, which was worth several million dollars,
passed to Mary after he died. We thought everything was in order so that
when Mary passed away, part of her and Bob’s estate would go to my
wife. That didn’t happen.
Mary was in her nineties when Bob passed
away. She moved into an assisted-living facility, leaving her house
vacant. My wife and Mary, who was then 93 years old, had frequent
telephone conversations about her health and welfare.
She was pressured to change her will
One
day, out of the blue, Mary called my wife and stated that the facility
she was living in was pressuring her to change her will and to leave all
of her estate to the facility’s trust fund, leaving nothing to her or
her late husband’s families.
She asked my wife what she thought
she should do. My wife told her that Bob wouldn’t approve of her
changing her will, as he had stated that he wanted their estate to go to
their distant family members. Later, we called the facility she was
living in to inquire about her welfare.
We were told Mary died two
months ago. We asked why her family wasn’t notified and were told we
would have to talk to her attorney. When we contacted the attorney, we
were told that the attorney had attempted to call family members, but
none of the numbers worked.
Nursing home received her millions
Mary
had the correct phone number for my wife. We asked what was going to
happen to Mary’s estate, and the attorney stated she had been granted
power of attorney for Mary and had helped her write a new will that left
everything to the facility’s trust fund.
We believe Mary was
under duress when she changed her will and feel sure there was criminal
intent in the way things happened. We contacted the police department in
the town where Mary died and filed an elder-abuse case, which the
district attorney wouldn’t take.
Unfortunately, Mary’s house had
been sold a month before she passed away. We believe that the trust fund
and attorney worked together to steal the estate, leaving nothing to
family members, and that it’s probably not the first time this has
played out involving these people.
Feeling Duped in Texas
“One reason people act so brazenly is because they are betting on your
lack of knowledge about the legal system.” - MarketWatch illustration
Dear Duped,
The red flag was the phone call from Mary,
alerting your wife to the fact that the management of the facility
wanted her to change her will. In an ideal world, you would have called a
lawyer then. In an even more ideal world, Bob would have set up a trust
before he died.
It’s easy to believe that people who own and run a
nursing home or assisted-living facility will respect their duty of
care over their clients and patients. They benefit from a halo effect,
perhaps because we believe kind, honorable people choose this work as a
vocation.
But there are, of course, many bad actors in this industry. Just one example: This nursing home in New York
illegally diverted millions of dollars of Medicare and Medicaid funds
and covered up reports of sexual assault while its residents lived in
squalid and unsafe conditions.
It seems inconceivable that an
attorney would cooperate in such a scheme and risk losing their license,
unless they too were somehow benefiting. One reason people act so
brazenly is because they are betting on your lack of knowledge about the
legal system.
Hire an elder-care attorney
Texas
law does allow you to challenge a will that was made under duress or
undue influence, particularly in a case such as this, where the person
with power of attorney and the beneficiary represent the nursing-home
facility upon which your cousin’s wife was entirely dependent.
At
first glance, you have a very strong case, and you should not allow your
experience with the district attorney’s office to deter you. Another
thing bad actors are counting on: In Texas, after a will has been
probated, there is a two-year statute of limitations to contest it.
“If
you believe that there are grounds to contest a will, it’s crucial to
act quickly and seek the guidance of an experienced attorney,” says the law firm Texas Probate Litigation. “But contesting or defending a will in Texas is not for the faint of heart. It’s a complex process.”
You’re
already feeling helpless and have a statute of limitations hanging over
your head. Challenging a will is time-consuming, stressful and
sometimes expensive, and you will need to collect paperwork, bank
records, a copy of the will and circumstantial evidence.
Talk to
an elder-care attorney and explain your case. Some will take your case
without a retainer if they believe they have a good chance of winning.
The Texas Legal Services Center, the Volunteer Legal Services Free Legal
Clinics and others offer services for eligible individuals.
The
good news: Your wife is classified as an “interested person,” typically
an heir or beneficiary, and as such has the right to contest this will.
Don’t allow the brazen actions of this facility or their attorney to
deter you. A nursing home “trust fund”? That is immediately suspicious.
Depressingly, rates of elder abuse are high in institutions such as nursing homes and long-term care facilities, according to this report
by the World Health Organization. “Abuse of older people is predicted
to increase as many countries are experiencing rapidly aging
populations,” it says.
Mary was isolated in this nursing home and, rather than being a safe place, she was taken advantage of. Texas, like other states, has a hotline you can call if you suspect an elderly relative is being abused, physically, emotionally, verbally, sexually or financially.
Questions to prove undue influence
“Demonstrating the presence of undue influence may involve a variety of factors,” according to the Johnson Firm,
a law firm based in Texas. “For instance, did the person leave a
bequest that seems unnaturally generous to someone in a position of
influence?” Yes.
“Was a beneficiary a fiduciary or trusted advisor
to the deceased?” Yes. “Were the expected beneficiaries entirely cut
out of the estate?” Yes. “Was the testator in a compromised position or
weakened mental capacity of any kind, making them susceptible to
influence?” Yes.
“Disputing the validity of a will based upon
undue influence begins by filing a lawsuit,” the firm adds. ”The case
will typically be assigned to a Texas probate Judge depending upon the
county in which the case arises. Will disputes may be heard by a Judge
or jury in some instances.”
As you say, if they did it once, they
will probably do it again, and they have probably done it in the past.
Elderly patients’ estates should not be treated like ATMs by caregivers.
There are a lot of good, honest and decent people in this industry, but
Mary’s experience gives them a bad name.
Police
Chief Rodrick Armalin led his team into a residential area where they
discovered a quartet of seniors toiling in conditions described as
inhumane.
The raid revealed that two of the elderly required urgent medical attention.
"It is utterly unacceptable that anyone would prey on our senior citizens, exploiting them for profit," said Lancaster Mayor R. Rex Parris, clearly outraged by the neglect laid bare.
To
swiftly combat such neglect, local law enforcement ensures to regularly
remove at-risk seniors from these hazardous settings and pursue charges
against those responsible.
In what has now become a series of these interventions, the Lancaster
Police Department has made it abundantly clear that they are not about
to turn a blind eye to elder exploitation.
These illegal
facilities not only skip out on the necessary greasing of bureaucratic
wheels but frequently flirt with outright fraud.
Thursday's operation concluded with the property being red-tagged and the seniors being placed in safer environments.
Chief Armalin has praised the city's collective spirit in tackling this moral crisis, iterating,
"This operation is another example of what we can achieve when we come
together as a community and as law enforcement." With Mayor Parris
vowing an unbroken resolve to protect Lancaster's elderly, the message
rings loud and clear: the town's seniors are to be treated with
dignity—or else.
The local officials continue to urge any individuals with knowledge
of such illegal operations to step forward in the protection of their
seniors.
Lancaster, renowned for its innovation and diversity, is taking a
stand to ensure it remains a community where each resident, regardless
of age, is accorded the care and respect they deserve. More information
can be found by contacting the Lancaster Police Department, or by
visiting their website.
