Saturday, August 24, 2024

Michigan man accused of embezzling from his grandfather

By Justine Lofton


OAKLAND COUNTY, MI – A Redford man is accused of stealing from his grandfather after becoming his court-appointed guardian, officials said.

Darius Nance, 33, of Redford, was arraigned Thursday in 48th District Court in Bloomfield Hills on a charge of embezzlement from a vulnerable adult, $1,000 to $20,000, Michigan Attorney General Dana Nessel announced.

“Court-appointed guardians are entrusted with the vital responsibility of protecting our most vulnerable citizens,” Nessel said. “My office will continue to hold accountable those who use guardianships to unlawfully enrich themselves.”  

Nance’s grandfather was admitted into the SKLD Bloomfield Hills nursing facility in October 2022, officials said. During February 2023, the Oakland County Probate Court appointed Nance to be his grandfather’s guardian.

It is alleged that Nance failed to make any payments to the nursing facility for his grandfather’s care after assuming guardianship, officials said. It is also alleged that Nance wrote numerous checks from his grandfather’s account, not for his grandfather’s needs but his own personal business dealings.

If convicted, Nance faces up to 5 years in prison and/or a fine of $10,000 or three times the value of the money or property involved, whichever is greater.

Nance is due back in court on Sept. 3.

Full Article & Source:
Michigan man accused of embezzling from his grandfather

Trial begins for teen girls accused of beating elderly DC man to death

Police say five girls, one of them just 12-years-old, attacked 64-year-old Reggie Brown on Georgia Avenue last October.

Source:
Trial begins for teen girls accused of beating elderly DC man to death

Friday, August 23, 2024

Ohio Supreme Court reprimands Hamilton County judge for ‘false claims’ about a case


By Mary LeBus

CINCINNATI (WXIX) - Hamilton County Probate Court Judge Ralph Winkler was publicly reprimanded and forced to pay disciplinary court fees on Wednesday after making “inaccurate” and “demeaning” statements on Facebook about a former case.

In October of 2023, the Ohio State Bar Association charged Judge Winkler with professional misconduct “for permitting” his assistant court administrator, Scott Weikel, to make false statements to a news reporter and posting those inaccurate comments online, according to a per curiam opinion.

These claims and Winkler’s punishment stem from a 2013 Hamilton County court case involving Mary McCulloch, and her three adult children: Theresa McClean, Kathleen Bosse and John Robert McCulloch.

Background

Mary, who was an 83-year-old widow, filed an application in the probate court to have a conservator who was not a family member in July 2013, the opinion slip reads. In the application, she alleged that she was competent , and the probate court appointed an attorney to her conservatorship.

One month later, McClean applied to terminate the conservatorship, claiming her mother was not competent. McClean then filed to be her guardian, however, Mary’s conservator filed a contingent guardianship application.

In 2014, the probate court deemed Mary incompetent, which ultimately terminated the conservatorship she applied for herself. However, since she was deemed incompetent, the court assigned the same attorney to be her guardian.

At this point, Winkler was not the Hamilton County Probate Court judge. 

Winkler takes the bench

During the Fall of 2015, Winkler was the sole probate court judge. He later allowed for the appointment of another attorney to be Mary’s guardian when her previous one resigned.

Unhappy with the decision, Kathleen and Rob sent numerous emails and letters to the probate court, accusing the guardian of misconduct and submitting complaints about the whole process.

Additionally, Winkler said he found three websites that used the name of the guardian and two probate court magistrates. While it is unknown who made the websites, Winkler claimed it was Rob and Kathleen.

Fast forward to January 2019, a news reporter reached out to Winkler’s office regarding the McCulloch case.

Weikel, who is under the judge’s supervision, told the reporter that Mary “was removed from her home because it was a squalid, unsafe living environment” and Rob “was not properly caring for her,” court documents state.

The reporter then asked Rob for comment, emailing him what Weikel said. Rob responded that the comments were not true.

In March of 2019, a detective with the Hamilton County Prosecutor’s Office sent Rob a letter stating that he had allegedly sent a “threatening and harassing correspondence” to the probate court magistrate and several assistant prosecutors. As a result, Rob was no longer allowed to contact the prosecutor’s office or the magistrate again about his mother’s guardianship, the opinion says.

A digital trail

On Oct. 23, 2020, Winkler posted an interview titled “14 questions with Kendal M. Coes” on his “Hamilton County Probate Court, Judge Ralph Winkler” Facebook account. Nearly two years later, Rob left a comment on that post that was critical of the magistrate.

Using his Hamilton County Facebook account, Winkler responded to Rob with the following:

“Rob McCulloch you’re just mad because we had to intercede and take care of your mother when you did not. You were living in your Mothers house in deplorable conditions. I am glad a nice neighbor called Senior Services and we got your Mother into a safe, Clean and healthy care facility. God only knows what would have happened to her if a Good Samaritan neighbor had not reported this elder abuse. The home photos in evidence don’t lie. Anyone in the public can look at them as they are part of your Mother’s case file.”

During his disciplinary hearing, Winkler said Rob wrote a response back on Facebook. Court documents say the judge responded with the following:

“You lost your case because you were wrong. You interviewed this poor woman with dementia with leading and suggestive questions to try to prove you weren’t wrong. However, you were wrong for not taking care of your mother. When you did make it to Court you often reeked of alcohol. Plus, You also missed many hearings for unknown reasons. Don’t try to blame my court or Magistrate Coes for your shortcomings as a son. I am glad your neighbor reported this to the Authorities. Your mother could have died or suffered needlessly if my Court didn’t help her.”

Winkler admitted that his and Weikel’s statements were false, misleading and that the photos he had seen of Mary’s home were taken “sometime after” she had been moved to an assisted living facility.

In addition to admitting to other inaccuracies in his claims, the court could not determine if anyone else had seen the comments Winkler had posted on Facebook since he deleted them moments later.

Ohio Supreme Court Chief Justice Sharon L. Kennedy and Justices R. Patrick DeWine, Michael P. Donnelly and Melody Stewart joined the opinion.

Full Article & Source:
Ohio Supreme Court reprimands Hamilton County judge for ‘false claims’ about a case

Hearing delayed for former Douglas County judge seeking to get charges dropped from nightclub arrest


By Rebekka Schramm

ATLANTA, Ga. (Atlanta News First) - The now-former Douglas County judge accused of punching an Atlanta police officer at a Buckhead nightclub was expected in court Thursday, but the hearing will have to be reset for another date.

Former Douglas County probate judge Christina Peterson is trying to get her criminal charges dismissed.

Peterson hired Fulton County Commissioner Marvin Arrington Jr. as her attorney, and he wants the charges dropped. However, he didn’t show up Thursday morning. He filed paperwork Wednesday afternoon indicating he’s on a leave of absence.

Based on photos posted to Arrington’s Instagram page, he’s at the Democratic National Convention in Chicago this week. Arrington told court employees that he originally filed his leave of absence notice three weeks ago, but the prosecutor in the case told the judge she didn’t see the notice until late Wednesday.

The case stems from a disturbance that happened June 20 at about 3:15 a.m. Atlanta police responded to a disturbance at the Red Martini Restaurant and Lounge in Buckhead, a nightclub which has since closed.

An officer ended up arresting a woman who he says punched him. Police would later learn that the woman they arrested was Judge Peterson. She was charged with simple battery against a police officer and felony willful obstruction of law enforcement.

After Peterson’s arrest, the Georgia Supreme Court removed her from the bench for judicial misconduct unrelated to the arrest.

Arrington wants the criminal charges dropped. He said the officer lied about being punched and said his client was simply trying to help her friend who was being restrained by a man she didn’t realize was a police officer.

The Fulton County judge did not immediately set a new date for the motion to dismiss hearing.

Full Article & Source:
Hearing delayed for former Douglas County judge seeking to get charges dropped from nightclub arrest

See Also:
Remember That ATL-area Judge Who Allegedly Attacked A Cop? Well, She Insists On Her Innocence and Brought Receipts

Hearing canceled for ex-Douglas County judge arrested at Buckhead nightclub

GA Judge Removed From Bench In Ethics Case

I-Team: Douglas County probate judge charged with felony in Atlanta

Douglas County probate judge charged with felony in Atlanta

Panel: Douglas judge guilty of 'systemic incompetence'

Controversial Douglas County judge must face disciplinary panel Sept. 5

Thursday, August 22, 2024

Probate Court Judge Reprimanded for Inflammatory Facebook Posts


By Dan Trevas

The Supreme Court of Ohio has publicly reprimanded a Hamilton County Probate Court judge for making inaccurate, demeaning statements in a Facebook spat with a participant in a court case.

In a per curiam opinion, the Supreme Court reprimanded Judge Ralph Winkler for four violations of the Code of Judicial Conduct. The Court found Judge Winkler improperly authorized assistant court administrator Scott Weikel to make false statements to a news reporter, followed by his own misstatements, which he posted on Facebook in 2022 and quickly deleted.

“In this case, Winkler and Weikel – a court administrator who was under Winkler’s supervision and control – made inaccurate, inappropriate, and inflammatory statements regarding the facts of a pending case that were not supported by the record,” the Court stated.

Chief Justice Sharon L. Kennedy and Justices R. Patrick DeWine, Michael P. Donnelly, and Melody Stewart joined the per curiam opinion. Justices Patrick F. Fischer, Jennifer Brunner, and Joseph T. Deters did not participate in the case.


Handling of Guardianship Case Upsets Family Members

Judge Winkler served as a judge on the Hamilton County Municipal Court and Hamilton County Common Pleas Court before being elected the county probate court judge in 2014 and reelected in 2020. Prior to his election as probate judge, 83-year-old Mary Frances McCullough, with the aid of an attorney, applied in 2013 to appoint her attorney as her conservator. In her filing, she maintained that she was competent at the time.

The woman had three adult children, Theresa McClean, Kathleen Bosse, and John Robert “Rob” McCullough. Shortly after the probate court appointed the attorney as the conservator, McClean sought to terminate the conservatorship, arguing her mother was mentally incompetent. McClean asked the probate court to make her the guardian of her mother. A court magistrate declared the mother incompetent and appointed the attorney serving as her conservator, not her daughter, as her guardian.

In 2015, with Judge Winkler now on the bench, the attorney guardian resigned, and Judge Winkler appointed another attorney to be the guardian. In the following years, Bosse and Rob McCullough sent numerous letters and emails to the probate court accusing the guardian of misconduct and complaining about the guardianship process.

Judge Winkler learned that three websites had been anonymously created using the names of the second attorney guardian and two probate court magistrates. The contents of the sites resembled McCullough’s and his sister’s filings with the court. In March 2019, a detective with the Hamilton County Prosecutor’s Office sent McCullough a letter regarding a “threatening and harassing correspondence” McCullough had sent to a magistrate and several assistant county prosecutors. The detective’s letter directed McCullough not to have further contact with the prosecutor’s office or the magistrate.

Disputed Guardianship Goes Public
In January 2019, a news reporter contacted the probate court regarding the guardianship case. Winkler admitted he authorized Weikel to speak to the reporter on behalf of the court, and Weikel told the reporter that McCullough’s mother was removed from her home because it was a “squalid, unsafe living environment.” He also said that McCullough was not properly caring for his mother. The reporter emailed Weikel’s comments to McCullough for a response.

McCullough shared Weikel’s statements with his sister. More than a year later, the sister sent Judge Winkler a letter stating Weikel’s statements were incorrect. The letter, which included a timeline of events and references to records filed in the court, was not reviewed by Judge Winkler.

The dispute about the guardianship escalated online. The probate court maintained a Facebook page, and Judge Winkler added his name to the page when he was elected to the court. In the same month that Judge Winkler received the letter about the McCullough case, he posted an interview with one of his court magistrates, Kenneth Coes, about topics unrelated to McCullough’s case.

Two years after the interview was posted, McCullough posted comments on the Facebook page making critical comments about Coes. That night, Judge Winkler responded to McCullough’s remarks.

“Rob McCullough you’re just mad because we had to intercede and take care of your mother when you did not. You were living in your Mothers house in deplorable conditions,” Judge Winkler wrote.

The judge also posted that a “nice neighbor” called adult protective services, which led to McCullough’s mother being placed in a health care facility.

McCullough responded to Judge Winkler’s post, which led to further comments from the judge. Included in the judge’s reply was the comment that McCullough was wrong for not taking care of his mother, and “when you did make it to Court you often reeked of alcohol.” The judge added, “Don’t try to blame my court or Magistrate Coes for your shortcomings as a son.”

Board Finds Conduct Violations
Based on the Facebook comments and the statements to the media, the Ohio State Bar Association in 2023 filed a complaint with the Board of Professional Conduct, claiming Judge Winkler violated the Code of Judicial Conduct. Judge Winkler admitted to the allegations.

Judge Winkler stipulated that the statements he and Weikel made about McCullough’s mother being removed from her home were inaccurate, misleading, and unsupported by the record of the guardianship case. The woman was not removed from her home because of living conditions, but rather, the guardian moved her to an assisted living memory care unit under the belief that she would benefit from the increased structure, supervision, and activities available.

At his misconduct hearing, Judge Winkler acknowledged the photos from the McCullough home that he contended was in deplorable condition were from the time the guardian sought permission to sell the house, which was sometime after McCullough’s mother had moved into assisted living.

Judge Winkler admitted that several of his responses on Facebook were inaccurate, including his claim that a neighbor had called senior services about the elderly woman, that she was the victim of elder abuse, and that the court had to intercede to take care of her because her son failed to do so.

The board found that while Judge Winkler did not intentionally post inaccurate information, he commented without reviewing the record or refreshing his memory of the case.

Within hours of posting the messages, Judge Winkler deleted the posts and McCullough’s comments on the Facebook page.

Judge Winkler imposed a media policy in which he would not publicly comment about details of pending cases and that he would obtain signed releases from families authorizing him to talk about their cases in public or in Facebook posts.

The parties stipulated, and the board found, Judge Winkler violated four rules, including failing to act at all times in a manner that promotes public confidence in the judiciary and failing to be patient, dignified, and courteous to those the judge encounters in his official capacity.

The Court adopted the board’s recommendation that Judge Winkler receive a public reprimand, noting he made a good-faith effort to rectify the situation by removing the Facebook comments and apologizing to McCullough. The Court noted that Judge Winkler testified his conduct was out of character for him and that he would never do it again.

“He did not attempt to excuse his conduct but explained that it was motivated in part by a desire to defend Magistrate Coes from what he perceived to be Rob’s unjust attack,” the Court stated.

In addition to the reprimand, Judge Winkler was ordered to pay for the costs of the disciplinary proceedings.

2024-0488. Ohio State Bar Assn. v. Winkler, Slip Opinion No. 2024-Ohio-3141.

Please note: Opinion summaries are prepared by the Office of Public Information for the general public and news media. Opinion summaries are not prepared for every opinion, but only for noteworthy cases. Opinion summaries are not to be considered as official headnotes or syllabi of court opinions. The full text of this and other court opinions are available online.

Full Article & Source:
Probate Court Judge Reprimanded for Inflammatory Facebook Posts

‘I lost so much’: California Home Depot fired 70-year-old woman who processed $5K in fraudulent transactions — now she’s suing

by Bethan Moorcraft


A 72-year-old California woman has sued Home Depot for age discrimination and wrongful termination after the retail giant fired her for failing to stop $5,000 in fraudulent transactions.

Carlene Acevedo “loved working” as a cashier at the San Ramon Home Depot. In her 60s, she won multiple awards for her service — including Cashier of the Year in 2021 — and was understandably “upset” and disorientated when she was fired last July after a scary incident with a shopper.

Acevedo got a “funny feeling” when she was approached at her till by a customer with a “very suspicious” card, who demanded multiple transactions to be processed as cash.

This happened just three months after a loss prevention officer was shot and killed at a nearby Pleasanton Home Depot while trying to stop a theft attempt. Alone and disturbed by the dubious customer, the then-71-year-old processed the fraudulent transactions.

“Four days later, I got fired,” she told the ABC 7 News I-Team, describing her former employer’s response to the incident as totally “devastating.”

"I lost so much,” she said. “I lost my health care [and] my health declined as a result of that. I had difficulty finding work and paying my rent was put into question.”

Ultimately, she decided to sue Home Depot for the ill-treatment she believes she was subjected to. Here’s what happened.

Acevedo was working alone in the Garden Center when a man approached her cash register with a “suspicious” card that had instructions on the back to process his transaction as cash. Wary of confrontation, she rang up the first purchase for a little more than $1,300.

Thirty-minutes later, the man “targeted” Acevedo again, this time demanding three additional cash transactions totaling around $4,000 that he wanted done “as fast as possible.”

He “got upset” when she tried to call her supervisor and, “scared” of what he may do, Acevedo ultimately did what the customer asked. She did, however, discreetly make copies of the receipts, which she took to her manager after he left.

Acevedo did what she thought was right, based on the annual employee training she’d received on what to do in the event of shoplifting or an active shooter.

“I was instructed not to do a thing,” she said. “Do not approach, do not touch, do not try to dissuade [or] interfere … just let them go.”

But she was swiftly punished for letting the customer walk away with $5,000 in fraudulent transactions. Within four days of the incident, she was fired for “creating a security or loss prevention risk,” per her termination letter.

The attorney representing Acevedo in her lawsuit, Chambord Benton-Hayes, said the senior did everything she could in the difficult — and potentially dangerous — scenario. In an interview with ABC 7 News, Benton-Hayes explained: “She asked for back-up, she’s making copies of the receipts. She can’t risk her life … employees are explicitly taught not to risk their life for merchandise.”

Acevedo is claiming she was wrongfully terminated by Home Depot and is now working with Benton-Hayes to prove her case. Employment attorneys are often brought in to consult around wrongful termination claims, which are typically complex and revolve around case specifics, employment contracts, employee handbooks and state and federal laws.

The 72-year-old is not just suing for wrongful termination; she has also accused the retailer of age discrimination.

According to her lawsuit, Acevedo learned six months before the incident that the San Ramon store had hired a teenager as a cashier with a starting salary of $21 an hour. Aged 70 at the time — and with seven years of experience under her belt — Acevedo was only making $20.17 an hour. She complained and received a $2 raise the following month.

Benton-Hayes thinks the moment Acevedo complained about the wage disparity, she became a target and “they really just wanted an excuse to terminate her.”

When the ABC 7 News I-Team sought comment from Home Depot on these allegations, a spokesperson said the retailer could not “discuss ongoing litigation.”

Sadly, allegations of age discrimination in the workplace are not uncommon. According to a recent AARP study, roughly two-thirds of adults over 50 believe older workers face discrimination in the workplace — and of that group, 90% believe ageism is commonplace.

Age could have played into Acevedo’s challenging job hunt following her termination. After an anxious period of unemployment — when she wasn’t sure if she could even pay for the roof over her head — Acevedo eventually found new, part-time work to help her survive her senior years.

Full Article & Source:
‘I lost so much’: California Home Depot fired 70-year-old woman who processed $5K in fraudulent transactions — now she’s suing

Wednesday, August 21, 2024

Hancock County probate judge sanctioned by state bar board

by Emily Allen


Under an agreement with the Maine Board of Overseers of the Bar, William Blaisdell is allowed to practice law but must be supervised by another attorney. Maine's highest court is still considering whether to discipline him as a probate judge. 

Full Article & Source:
Hancock County probate judge sanctioned by state bar board

Jury orders former Bastrop cop to pay $1 million in financial exploitation case


A Bastrop County jury has returned a verdict of $1,001,489 against retired Bastrop police officer Patrick Amy for taking financial advantage of an elderly widow.

Testimony in the civil case began on Aug. 12 in the 423rd District Court and the verdict was returned on Monday. In September 2019, a grand jury declined to indict Amy on criminal charges after he was accused of financial exploitation and following an investigation by the Texas Rangers.

Patrick Amy
Patrick Amy

Amy had been accused of representing the 81-year-old woman and her family of taking control of her financial assets through a power of attorney agreement to release a $125,000 lien the woman had on Amy’s home. County records show the woman loaned Amy the money in 2016 to purchase the home.

Amy's attorney, Joe Hernandez said on Tuesday that "there is no evidence to support the jury's verdict."

"Mr. Amy will be seeking relief, accordingly, from the trial court, and if necessary, the appellate court," Hernandez said.

Amy met the woman while she as a volunteer in the Citizens on Patrol program, said attorney Joe Grady Tuck, who represented her at trial along with Christopher Kirby. A recent widow at the time, the plaintiff lived in an upscale subdivision and Tuck said Amy ingratiated himself to her and persuaded her to purchase a house half the size, near his home in Circle D Estates.

In February 2016, the woman paid off the $125,000 loan on Amy's home, receiving a note and deed of trust drawn by her attorney, Tuck said. Evidence at trial included checks to Amy from the woman in the amount of $16,100 before December 2017, when she signed a power of attorney drafted by Amy to himself.

In April 2016, Tuck said, Amy prepared a release of the deed of trust and used the power of attorney to execute it, and also prepared a quit claim deed to himself to the woman's nearby home.

Tuck said that in May 2018, Amy's wife, Ruth, a 911 dispatcher, called an ambulance to have the woman hospitalized, and that she was later diagnosed with dementia and placed in a nursing home.

The Amys testified they emptied the home of everything in the house, Tuck said, selling the washer, dryer and a few other items, and donating the remainder to Goodwill. On cross-examination, Tuck said, Patrick Amy said he also sold a $12,000 dining room set and applied the proceeds to her nursing home bill but was unable to present any receipts.

Amy testified he planned to apply the proceeds of the sale of the woman's home to her nursing home care. In closing arguments, Tuck told jurors that if Amy wouldn't apply the proceeds of the sale of her belongings, he had no intent of applying the proceeds of the house sale.

After deliberating Friday and Monday morning, the jury returned a verdict that included actual and exemplary damages, and attorney fees, Tuck said.

This article originally appeared on Austin American-Statesman: Former Bastrop cop ordered to pay $1 million in exploitation case

Full Article & Source:
Jury orders former Bastrop cop to pay $1 million in financial exploitation case

Tuesday, August 20, 2024

Manhattan Franciscan Friar Charged With Wire And Mail Fraud Related To Fake Medical Charity In Beirut, Lebanon

Monday, August 19, 2024 

For Immediate Release
U.S. Attorney's Office, Southern District of New York 


Damian Williams, the United States Attorney for the Southern District of New York, announced today that, on Saturday, August 17, 2024, PAWEL BIELECKI, a/k/a “Paul Bielecki,” a/k/a “Paul HRH Saxe-Coburg-Gotha,” a/k/a “Dr. Phaakon Sonderburg-Glucksburg,” a/k/a “Father Paul,” a/k/a “Father Kowal,” was arrested on charges of wire fraud and mail fraud.  BIELECKI will be presented in White Plains federal court later today before U.S. Magistrate Judge Andrew E. Krause.

U.S. Attorney Damian Williams said: “As alleged, Pawel Bielecki exploited his position as a friar to gain the trust of victims across the country and steal hundreds of thousands of dollars from them.  Bielecki is now facing federal charges for allegedly illegally profiteering on the trust his victims placed in him.”  

As alleged in the Complaint:[1] 

BIELECKI is a friar in the Capuchin Order, a Catholic order of priests and brothers.  BIELECKI is a brother in a Province based in White Plains (the “Province”), which operates friaries in, among other places, New York City.  To become a Capuchin friar, BIELECKI took a vow of poverty that requires him to renounce and not to hold any property or bank accounts in his name for his personal benefit.  The Province provides friars, including BIELECKI, with a monthly stipend of approximately $250 for personal expenses, as well as a credit card, paid for by the Province, for friary-related expenses.[2]

BIELECKI has engaged in an ongoing fraudulent scheme related to fake medical clinics he claims to operate in Lebanon.  As described further in the Complaint, through appearances and advertisements on radio programs and online podcasts, as well as various other media, including campaigns on various crowdfunding websites, BIELECKI has fraudulently obtained donations from victims by claiming, among other misrepresentations, to run medical clinics in Beirut, Lebanon, when in fact BIELECKI was keeping victims’ donations for his personal use.

For example, from at least in or about June 2015 through at least in or about December 2023, BIELECKI repeatedly appeared as a guest or through advertisements on a particular local New York radio show (“Radio Program‑1”).  During these appearances and advertisements, BIELECKI repeatedly represented that he was a Catholic priest and physician living in Lebanon and running medical clinics there, with the goal of assisting Christians living in the Middle East.  BIELECKI also made similar appearances on other radio programs and electronic media.  For example, on or about April 1, 2023, BIELECKI appeared on a second radio show (“Radio Program-2”) to tell his “story” and to solicit donations for his purported medical clinics.  Radio Program-2 continued to solicit donations on behalf of BIELECKI on numerous occasions from at least in or around June 2023 through at least in or around August 2024.

In these radio and media appearances, BIELECKI falsely represented, in sum and substance, among other things, the following:

  • BIELECKI is a physician, vascular surgeon, cardiac surgeon, and/or general surgeon, and he has also earned multiple Ph.D. degrees;
  • BIELECKI runs two medical clinics in Lebanon and is raising money for medicine, medical equipment, baby incubators, food, and an ambulance for his clinics in Lebanon;
  • And BIELECKI, at the time of recording certain shows, was physically present in Lebanon, and he was badly injured and his clinics badly damaged by a widely reported August 2020 explosion in Beirut, Lebanon.

These representations were false.  In fact, BIELECKI is not a physician or surgeon of any kind, he has not also earned multiple Ph.D. degrees, and he does not operate any medical clinics in Lebanon.  In fact, travel records show that BIELECKI was in the U.S. continuously from in or around December 2019 through in or around April 2022, and on specific dates when he claimed during media appearances to be in Lebanon working on behalf of his medical clinics, BIELECKI was actually present in New York.  Indeed, on and around the date of the explosion in Beirut in which BIELECKI told victims he was injured, BIELECKI made several purchases at coffee shops, restaurants, and other businesses in New York, New York.

BIELECKI has caused victims of his fraud scheme to send him donations through various means.  Between approximately 2016 and 2019, BIELECKI directed victims from New York, New Jersey, Connecticut, Georgia, and Florida, among other locations, to send checks to the Province with “Fr. Paul Bielecki’s Mission” or a similar endorsement in the memo line.  From at least April 2021, BIELECKI directed victims to send donations by mail to “St. Francis in Beirut Inc.”—a non-profit entity established in or about March 2021—at the address of a particular Capuchin Order friary in New York, New York, where BIELECKI resides.  At various times during the fraudulent scheme, BIELECKI also obtained donations through crowdfunding websites and directly provided his bank account and Zell payment information to victims via email and other means of communication.

Despite his vow of poverty, BIELECKI maintained multiple credit or debit card accounts and multiple bank accounts.  Dozens of victims have cumulatively provided BIELECKI with at least hundreds of thousands of dollars in donations as a result of BIELECKI’s fraudulent misrepresentations.  Between approximately December 2017 and approximately February 2024, BIELECKI withdrew almost $50,000 in cash from his bank accounts; transferred more than $600,000 to two credit card companies to pay for personal expenses, including spending up to $334.40 per month for a membership at a luxury gym chain, and paying for multiple trips to the Hamptons and numerous meals at high-end restaurants; spent thousands of dollars on an aesthetic plastic surgery procedure at a liposuction clinic; and paid for numerous other personal expenses through debit card payments and other means.

There may be more victims of this alleged conduct.  If you have information to report, contact Special Agent Sean Smyth, U.S. Attorney’s Office for the Southern District of New York, at (914) 993-1900 or by following the instructions available at https://www.justice.gov/usao-sdny/report-crime.  

*                *                *

BIELECKI, 48, of New York, New York, is charged with one count of wire fraud and one count of mail fraud, each of which carries a maximum potential sentence of 20 years in prison.

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as the sentencing of the defendant will be determined by a judge.

Mr. Williams praised the outstanding investigative work of the Special Agents of the U.S. Attorney’s Office for the Southern District of New York and of the Internal Revenue Service – Criminal Division. Mr. Williams also thanked the New York Field Office of U.S. Customs and Border Protection for their assistance in the investigation.

This case is being handled by the Office’s White Plains Division.  Assistant U.S. Attorneys Benjamin Levander and Ryan W. Allison are in charge of the prosecution.

The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

 

[1] As the introductory phrase signifies, the entirety of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.

[2] The Province conducted an internal investigation of BIELECKI’s fraudulent scheme, referred the matter to law enforcement, and has since provided assistance in the law enforcement’s investigation.

Source:
Manhattan Franciscan Friar Charged With Wire And Mail Fraud Related To Fake Medical Charity In Beirut, Lebanon

Scammers Bilk Thousands From Elderly San Mateo County Resident: Police

Scammers recently duped an elderly San Mateo County resident out of thousands using an online scam, deputies said.

by  Bay City News


SAN MATEO COUNTY, CA — An older adult in El Granada was duped out of thousands of dollars in an online scam, the San Mateo County Sheriff's Office said Friday.

The victim replied to a computer notice that his machine had been hacked and was instructed to call a phone number, the sheriff's office said in a Facebook posting.

The victim was directed to remove cash from his bank account and buy gift cards, then meet the scammers in person at his home in the 100 block of Balboa Avenue, the sheriff's office said.

The scammers, who identified themselves as couriers, came to the residence Thursday separately and at different times. One was described as an Asian man in his early 20s, with blonde or pink hair, the sheriff's office said.

Deputies took a separate but similar report in El Granada earlier this week. In that case, the target received a message on his computer stating that the device had been compromised.

The scammer then called the target and instructed him to withdraw a significant amount of money from his bank account.

The victim recognized this was a scam and reported the attempted fraud to the sheriff's office.

Anyone who is directed to withdraw money or purchase gift cards should stop immediately and call law enforcement, the sheriff's office said.

Anyone with information about these crimes is asked to contact the San Mateo County Sheriff's Office at 650-363-4911.

Full Article & Source:
Scammers Bilk Thousands From Elderly San Mateo County Resident: Police

Montgomery County Clerk of Courts, judge plead not guilty to criminal charges


 By Sydney Dawes

The Montgomery County clerk of courts and a Montgomery County Municipal Court judge pleaded not guilty Monday to felony charges against them related to improper political and other activities involving public resources.

Montgomery County Clerk of Courts Mike Foley, 56, and Montgomery County Municipal Judge James Piergies were arraigned Monday, with visiting Judge Jonathan Hein presiding.

Foley, indicted July 31 along with Piergies, faces a dozen counts. They include attempted unlawful interest in a public contract, three counts of complicity to commit unlawful interest in a public contract, two counts of theft in office, one count of unauthorized use of computer, cable or telecommunication property, and misdemeanor counts of solicitation of political contributions from public employees and prohibition against partisan political activity.

Piergies, 72, faces counts of attempted unlawful interest in a public contract. He was removed from the bench upon his indictment and is disqualified from acting as judge while facing felony charges, according to the Ohio Supreme Court.

Special prosecutors assigned to the case requested the two men be released on their own recognizance, under the agreement that they do not harass potential witnesses, according to court documents.

The Ohio Auditor of State’s Office launched an investigation into the clerk’s office in 2022. Piergies’ charges pertain to his son’s employment, according to state investigators.

The arraignment comes one week after Foley told fellow Republicans during a central committee meeting that he had no intention of stepping down and planned on running for reelection to his seat this fall, where he will face off with Democratic challenger Lynn Cooper. He has denied wrongdoing.

“These are politically motivated accusations that surfaced 90 days before my election. The truth will soon be uncovered through our judicial process,” said Foley in a statement released Monday afternoon.

Jon Paul Rion, Foley’s attorney, said his client’s position has not changed. Jay Adams, the attorney representing Piergies, declined to comment.

Montgomery County Democratic Party leaders on Monday ahead of the arraignment doubled down on their calls for Foley and Piergies to resign, saying under Ohio law Foley could be suspended from office.

“They’re using taxpayer dollars to essentially defend from their corruption,” Montgomery County Democratic Party Chairman Mohamed Al-Hamdani said during a Monday morning press conference at the courthouse.

Foley’s fellow Republicans also have called for the county official to step down. The clerk of courts seat is a partisan position and Foley has long been a Republican. Races for municipal judge are nonpartisan, but election records show Piergies was a Democrat until voting as a Republican in the March 2024 primary.

A phone conference has been scheduled for Foley and Piergies in the coming weeks.

Full Article & Source:
Montgomery County Clerk of Courts, judge plead not guilty to criminal charges

Monday, August 19, 2024

She spent money stolen from the elderly on trips, parties, and renewing her wedding vows. Her sudden death has left victims feeling robbed once again.

Gloria Byars stole millions from elderly wards whose finances courts had appointed her to oversee. Her death exposed shortcomings in the system meant to protect the most vulnerable Pennsylvanians.


by Jeremy Roebuck

An overseer appointed by judges to manage the finances of more than 100 elderly or incapacitated Pennsylvania residents instead regularly drained their life savings and retirement nest eggs, spending more than $1.5 million on luxury cars, vacations, and parties.

And while Gloria Byars, owner of Lansdowne-based Global Guardian Services, was set to finally face sentencing this month, more than seven years after her crimes first came to light, her victims say they’ve been left feeling robbed again — this time of their opportunity for justice.

Byars, 63, of Aldan, was found dead Aug. 9 in her Delaware County home — days after a judge had been forced to twice reschedule her sentencing hearing due to a last-minute hospitalization for ailments prosecutors have suggested Byars made up or exaggerated to avoid her day of reckoning. She was facing up to 13½ years behind bars.

She died just hours after her release from the hospital under an active warrant for her arrest. And though toxicology reports remain pending, her death is being investigated as a possible suicide, according to two local law enforcement sources familiar with the matter.

For Heidi Austin — whose discovery of Byars’ regular thefts from her aunt and uncle in 2017 led to the unraveling of the financial guardians’ wider crimes — the sudden demise delivered an unsatisfying conclusion to what has been a frustrating and eye-opening brush with the state system that manages more than $1.7 billion in assets for 18,000 Pennsylvania wards.

Loose regulations enabled Byars to be put in charge of the financial affairs of vulnerable residents in a half dozen counties without any formal training and a lengthy criminal record, including 13 past convictions for fraud.

“It doesn’t bring us any justice,” Austin said of Byars’ recent death. “She took the easy way out, and all of the hundreds of victims they get nothing.”


A crime spree unravels

The circumstances that led to Austin’s family to cede control of the finances of her aunt and uncle, Edmund and Margareta Berg, to a court monitor were difficult enough.

The couple, both in their 80s, did not want to leave their home in Fox Chase, where they’d lived since 1961. But as their age advanced and their health declined, their family was forced to accept the difficult choice of seeking state assistance to manage the couple’s day-to-day affairs.

In Pennsylvania, that help is run through a complex system through which state judges appoint legal guardians to oversee health and financial decisions for adults who, due to illness, disability or other circumstances, are deemed incapable of managing those choices for themselves.

Though guardians are required to submit regular reports to the court on their management of their wards’ assets, in an increasingly overburdened system, they are often granted wide latitude to make decisions with limited oversight.

The Philadelphia Orphans’ Court appointed Byars as guardian for the Bergs in 2016 — adding to a portfolio of dozens of other guardianship cases her company had amassed from courts in the city and its surrounding counties.

But problems quickly emerged.

By late December of that year, Byars — without notifying the Bergs’ family — moved Margareta Berg into a Montgomery County rehab facility after she’d been discharged from a hospital stay. When the family tried to press Byars for an explanation, they learned she was in Spain — on a vacation prosecutors would later say had been paid for by money stolen from other wards.

By January, Byars had moved the Bergs into a nursing home and, using their money, paid $11,000 to a company owned by her husband to clean out their Fox Chase home.

When, in February, Byars sought court approval to sell the house, the couple’s family had had enough and petitioned the court to have her removed as guardian.

Austin said a simple Google search led her to discover a 2005 Virginia newspaper article about Byars’ previous arrest for cashing $20,000 in blank checks she’d fished out of post office trash cans. Further research revealed that Byars had a record of 14 criminal convictions — 13 of which involved fraud — before she’d ever even begun her career as a court guardian.

After a review of her management of the Bergs’ finances, an appalled Philadelphia Orphans Court Judge John Herron ordered Byars to repay them $63,000 for improper expenditures and removed her from their case in 2017. Eventually, he took her off the 31 other active guardianships she managed under his purview and recommended that other judges do the same.

At the time, Byars had a caseload of 113 guardianship cases funneled to her by courts in Philadelphia, Montgomery, Bucks, Delaware, Lancaster, and Berks Counties. And as authorities would soon learn, her mismanagement of the Bergs’ estate was only the beginning.


Looting and lavish spending

A series of investigations over the next seven years by federal authorities and local law enforcement in Philadelphia and Delaware Counties revealed a stunning array of wrongdoing.

In all, prosecutors said they were able trace more than $1.5 million Byars stole from her clients between 2008 to 2016, often with the assistance of her family members.

Her victims included a 91-year-old widow with dementia who lived alone and who, by the time Byars was appointed to manage her estate, had already been ripped off by two friends who had earlier been granted power of attorney over her affairs.

The woman’s son eventually discovered Byars had stolen more than $180,000 from his mothers’ accounts during the eight years she oversaw them — money investigators say Byars eventually repaid by stealing from another 83-year-old dementia patient whose finances she oversaw.

Byars didn’t stop at draining her wards’ bank accounts. After looting nearly $132,000 from another ward — a 78-year-old, blind, nonverbal woman with dementia who needed a feeding tube to survive — within two weeks of being appointed as her guardian, investigators say Byars had the woman’s safety deposit box drilled open so she could steal 26 gold Krugerrand coins stored inside. She later tried to sell those coins to raise bail money after her eventual arrest.

And throughout, prosecutors said, Byars spent lavishly on herself while leaving her wards to linger in less-than-ideal living situations.

She took trips to Spain, the Dominican Republic, Mexico, and Great Wolf Lodge in the Poconos. She bought designer handbags and clothing and also used their money to pay for home renovations and even a new puppy.

She spent tens of thousands of dollars of wards’ money on a 2018 reception to celebrate the renewal of her wedding vows — an event, according to bills reviewed by The Inquirer, with nearly 200 guests at Ambler’s Manor House at Prophecy Creek Park that featured meals and hors d’oeuvres for all served from separate dessert and shrimp-and-clam stations.

And she hosted elaborate annual birthday barbecues — complete with a live band, DJ, an extensive catered menu, and cash prizes for attendees. In some cases, she’d charged wards for the privilege of attending.

“I didn’t know anybody there,” Hank Frisby, a retired Philadelphia police sergeant whose affairs Byars had been appointed to manage, told The Inquirer in 2018 of one such party Byars charged him $750 to attend.

“Byars was the last person who should have been entrusted to manage the finances for elderly and incapacitated people,” Assistant U.S. Attorney Tiwana L. Wright said in recent court filings. As a result, “dozens of victims were left without the retirement funds and nest eggs intended to cover their end-of-life support, their medical care and the activities they and their families should have enjoyed.”


A ‘broken’ system

But by 2019, Byars’ criminal scheme had begun to unravel.

The Philadelphia District Attorney’s Office charged her with multiple felony counts of theft tied to her mismanagement of the Bergs’ estate. Within months, prosecutors in Delaware County joined in, charging Byars as well as her sister, Carolyn Collins, and her husband, Keith — pastors at the Church of the Overcomer in Trainer who ran their own guardianship company — with stealing from several more wards.

Carolyn Collins, a former legislative assistant to former state Rep. Margo Davidson, and Keith Collins, a former candidate for Delaware County Council, pleaded guilty to one misdemeanor count of theft and were sentenced to probation earlier this year.

Federal charges followed in June 2021 alleging Byars had laundered more stolen money with the assistance of her brother, Carlton Rembert, and a friend who managed additional shell corporations through which Byars hid funds.

She eventually pleaded guilty to those charges last year. But while Austin, the Bergs’ niece, said her family appreciated the eventual law enforcement attention, a broader question still loomed over all those proceedings:

How had Byars — a woman with a lengthy record of fraud — earned the trust of state judges in the first place to be put in charge of more than a hundred vulnerable Pennsylvanians’ finances?

The answers lay in both the lax regulations that had governed the state’s guardianship system and Byars’ extensive efforts to cover up her crimes.

A lack of oversight

At the time of Byars’ appointments, the only legal requirement to become a guardian in Pennsylvania was the ability to read and write in English. No background checks were required.

And in an overburdened system, judges often relied on recommendations from organizations like the Philadelphia Corporation of Aging in making guardianship appointments.

An attorney for the agency has said that the PCA did not know of Byars criminal history when it recommended her to manage the Bergs’ affairs and those of several other wards.

At that time, Byars, fresh from her release from prison for her most recent conviction, had landed a job as an office manager for Robert Stump, a prominent guardian and owner of RES Consulting in Havertown.

The two worked together for several years with Byars eventually taking on more responsibility for managing some of Stump’s guardianship portfolio before eventually launching her own company in secret while still working for him.

Prosecutors say that when he found out and fired Byars, she contracted an ex-boyfriend from Virginia to travel to Pennsylvania to assault him.

Though she was never charged with that crime, investigators say the man attacked Stump at his home with a baseball bat, hitting him several times and leaving him with injuries that required 12 staples to the head and a lengthy hospital stay.

Byars, through her attorney, has repeatedly denied she had any involvement in the attack.

But the incident had little effect on her ability to land new guardianship contracts through the courts.

Since Byars’ crimes were unearthed, state regulators have taken some steps institute safeguards on the guardianship system.

In Philadelphia, for instance, guardians are now required to affirm that they have no convictions for crimes involving fraud, deceit or financial misconduct. The state’s Supreme Court has also approved new statewide rules requiring criminal background checks for guardians appointed by the courts.

But other suggested reforms that could have protected Byars’ victims have languished.

“Our system regarding guardianships is just broken,” said Austin, the Bergs’ niece. “My aunt and uncle were great people. They didn’t deserve what happened to them.”


‘Suggestion of death’

Still, as Byars’ Aug. 1 sentencing date in her federal case drew near, Austin and family members of other victims hoped she’d finally face accountability for her crimes.

Her attorney, meanwhile, pleaded for leniency.

Despite her misdeeds, Byars’ life had been marked by her own struggles — increasingly ill health, a troubled childhood, past drug addiction, and multiple abusive relationships with men, her attorney Matthew D. Lee said.

“She is sick over the harm she caused to her wards and to their families,” he wrote in recent legal filings. “Her conduct was wrong, and she is ready to accept the court’s punishment.”

And yet, on the day of sentencing, Byars failed to appear.

Two hours before the hearing, Lee told U.S. District Judge Joel Slomsky that she’d been rushed to the emergency room after suffering an apparent fall. The judge postponed the sentencing until the following Monday — at which point Byars, still in the hospital, sought to delay the hearing again. She’d fallen once more in her hospital room, her lawyer told the court.

Slomsky ordered U.S. Marshals to arrest her as soon as she was released from care. But within days, Lee sought a more extensive postponement, and prosecutors responded by suggesting Byars was faking or exaggerating her condition.

Medical records showed no new diagnoses and reported no visible injuries or fractures, they said.

“The government has heightened concerns that Byars may be malingering, attempting to avoid sentencing,” they told the court in an Aug. 7 filing.

Byars was discharged from medical care two days later and, within hours, was found dead in her home.

“It really doesn’t surprise me,” Austin said in an interview last week. “Our justice system failed us.”

Meanwhile, the criminal case against Byars ended just as frustratingly as it began — with a one-line filing from her lawyer, who did not respond to requests for comment last week.

Filed under the header “Suggestion of Death,” Lee wrote: “The undersigned counsel hereby … notif[ies] the court that defendant Gloria Byars died on Aug. 9, 2024.”

Inquirer staff writers Nathaniel Rosenberg and Vinny Vella contributed to this article.

Full Article & Source:
She spent money stolen from the elderly on trips, parties, and renewing her wedding vows. Her sudden death has left victims feeling robbed once again.

See Also:
Over $1 Million Stolen from Elderly in Philadelphia Region by Caretaker

Pennsylvania Guardian Gloria Byars & Her Co-Conspirator Found Guilty of Stealing From Elderly Wards

Sunday, August 18, 2024

Hospice chaplain accused of sexually assaulting elderly woman appears in court

A hospice chaplain was accused of sexually assaulting an elderly woman at the care facility he worked at. The Sacramento County Sheriff's Office said Arthur Apgar, of Placer County, was arrested in connection to the sexual assault investigation on Aug. 8. Apgar was booked into the county jail on four counts of sexual battery against a person who is seriously disabled or medically incapacitated.

Source:
Hospice chaplain accused of sexually assaulting elderly woman appears in court

Missouri bank employee accused of stealing nearly $70,000 from elderly customer: Prosecutors

By Ilana Arougheti


A Kansas City, Kansas, man is accused of stealing nearly $70,000 from an elderly customer while overseeing the man’s account at a Missouri bank in 2022, according to documents filed this week in Cass County court. 

Former North American Savings Bank employee John S. Werner, 23, faces one felony charge of financial exploitation of an elderly person. 

Police became aware of the alleged theft when Michael Liberman of Peculiar, Missouri, reached out directly to the Cass County Sheriff’s Office. Liberman, 78, told officers that nearly $70,000 had vanished from his savings account at North American Savings Bank without explanation, according to court records. 

Internal bank records later indicated that $68,224.16 had been stolen, court records state. Most of the withdrawals had been sent in smaller denominations through PayPal transactions, which Liberman told detectives he did not authorize or do himself. 

The withdrawals took place between March 1 and Aug. 15, 2022, according to court documents. Bank records reviewed by police showed that Werner had opened inquiries into Liberman’s account on March 1 and March 2, court documents read. 

In the weeks after obtaining access to Liberman’s account, Werner’s own account was credited with multiple deposits in the same amounts as the ones missing from Liberman’s, an internal investigation reviewed by Cass County authorities found. 

A bank security officer told police that the bank had reimbursed Liberman and taken on the nearly $70,000 debt itself, according to court documents. 

Headquartered in Grandview, North American Savings Bank has four branches in Kansas City. Additional branches operate in Lee’s Summit, Independence, Harrisonville, Excelsior Springs, Lexington, Platte City and St. Joseph. 

Charging documents did not specify at which location Werner was employed, or for how long. 

North American Savings Bank declined to comment Friday on the pending charges. The bank also declined to share details about the nature and length of Werner’s employment. 

A $25,000 cash bond for Werner was issued Thursday. His first court date has not yet been set.

Full Article & Source:
Missouri bank employee accused of stealing nearly $70,000 from elderly customer: Prosecutors

Family sues nursing home after 98-year-old allegedly killed by roommate | KTVU

Relatives filed a lawsuit against a South Bay nursing home after 98-year-old Vera Plares was allegedly beaten to death by another resident.

Source:
Family sues nursing home after 98-year-old allegedly killed by roommate | KTVU