Bernalillo County Sheriff's Office charges pair for elder abuse

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Bernalillo County Sheriff's Office charges pair for elder abuse

Cracking down on scammers

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Cracking down on scammers

Most disabled adults in guardianship never get legal counsel

by Eric Russell

Most disabled adults in Maine who are assigned legal guardians to take charge of their affairs are not represented by lawyers to protect their interests during the process, according to a new report that calls for reforms in the guardianship system.

In more than 2,000 cases over a three-year period, 75% of adults in Maine for whom legal guardianship was sought were not represented by an attorney, it says.

Disability Rights Maine collected information about 2,334 cases filed with state’s probate courts between 2019-21 to produce a first-of-its kind report on a complex legal system for vulnerable adults. The organization’s legal director, Lauren Wille, said the findings were striking and demonstrate the need for continued reforms.

“We had so much anecdotal information, but we really wanted to see whether what we were seeing in anecdotes was reflected generally in numbers,” Wille said. “In some ways, what we learned was not surprising because I think even before I looked at a single docket, I would have surmised that people largely go unrepresented.”

Adult guardianship is the legal process that gives someone authority to make decisions for another person, often someone who is intellectually or developmentally disabled. In most cases, it’s a parent seeking guardianship of a child once they reach adulthood, but there are many instances in which unrelated individuals are appointed guardians by the state.

Under state law, guardianship is granted when a judge finds that an individual is unable to “receive and evaluate information or make or communicate decisions.” In the cases reviewed by Disability Rights Maine, 77% resulted in the appointment of a legal guardian, which means all financial and medical decisions are made by the guardian.

But the group found that when individuals were provided a lawyer, the percentage of cases that resulted in guardianship dropped by as much as 15%.

“Maine must do a better job to educate families and schools that guardianship is not the only option to support their young adult into adulthood,” said Staci Converse, the nonprofit’s senior managing attorney. “Probate courts must do better in ensuring that people are provided the zealous advocacy they are entitled to.”

A defendant is entitled to counsel in criminal cases, and is provided with an attorney even if they can’t pay. In child protection cases, an attorney is assigned specifically to advocate for the child.

Appointment of an attorney in guardianship cases, however, doesn’t happen automatically. Someone must file a petition, but that doesn’t always happen because individuals don’t know the resource is available or don’t believe it is needed. Wille said some of that gap is likely attributed to ableism – the false thinking that someone who is incapacitated wouldn’t benefit from legal counsel.

Throughout Maine’s legal system, a persistent shortage of attorneys made it difficult to secure representation in criminal and civil cases. Wille said she assumes that shortage is impacting guardianship cases as well.

In all three years studied, the rates in which individuals were provided counsel and the rates in which guardianships were granted remained consistent. There was, however, geographic disparity. For instance, in Cumberland County, individuals were twice as likely to be represented (29%) than in Oxford County (15%).

Maine’s probate code was rewritten in 2019, in part to better enshrine the rights of disabled adults. The code now instructs probate courts to consider less-restrictive alternatives – including something called supported decision-making – before granting guardianship.

One year earlier, Joshua Strong, of Damariscotta, became the first adult in Maine to have his guardianship dissolved in favor of something called supported decision-making. It allowed Strong, who has autism spectrum disorder and had been under the guardianship of his father, to be legally in charge of all decisions – about financial matters, about health care, about relationships.

The probate code also includes stronger language that says guardians must promote self-determination and involve individuals in decision-making, and created a mechanism for individuals to file grievances.

Disability Rights Maine, the state’s designated protection and advocacy agency, has highlighted in recent annual reports other cases where its attorneys have intervened.

In one case, an adult named Cooper was compelled to move into a new home by his guardian. Disability Rights Maine filed a grievance to stop that from happening. It ultimately led to the dissolution of Cooper’s guardianship.

In another, an individual named Lucy contacted Disability Rights Maine because her guardian wasn’t allowing her to use food stamp benefits. After a grievance was filed, Lucy’s right to control her own benefits was affirmed.

But even with some recent improvements in the system, including alternatives to guardianship, Wille said the data gathered for this recent report indicates more needs to be done.

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Most disabled adults in guardianship never get legal counsel

We must dismantle barriers that prevent disabled Americans from voting

The disabled community’s needs can only be met when those who exercise their voting privilege support those who cannot.

by Denise D. Resnik and Eron Friedlaender

Jenniffer Jarvis has been impressed with her son’s civic interest and knowledge for years. Unfortunately, Josh, who is autistic and 19 years old, lost the right to vote when he came under full guardianship of his parents. Despite his ineligibility, his family believed Josh had the capacity to be an engaged citizen. After prepping for months, Josh took the Arizona Civics Test in January 2023 and earned a score of 94%, far surpassing the 60% students need to receive a high school diploma.

Even so, the Superior Court of Arizona in Maricopa County rejected the family’s request to retain Josh’s voting rights in August 2023, citing full guardianship as the reason. This defeat is just one example of the indignities and barriers people with disabilities face in community participation, and particularly in voting.

We must dismantle the barriers that prevent Americans with disabilities from voting; many in the community can’t navigate the labyrinth required to vote. About 17.7 million people with disabilities reported voting in the last presidential election, according to Rutgers University researchers. That compares with over 70 million U.S. adults having a disability.

Many people are quick to imagine “disabled” as someone with visual, auditory, or mobility impairments because these challenges are easy to recognize. But the term disability also relates to people with social vulnerabilities and those who cannot plan and execute tasks independently, like the many steps required to register and cast a ballot.

As mothers of autistic sons, we are committed to closing the voting gap. Some challenges are legal and involve guardianship or conservatorship. Other barriers are physical. When Government Accountability Office inspectors visited 167 polling places before the 2016 election, they found steep ramps, poor signage, and a lack of parking options. Only 17% of sites were fully accessible for people with disabilities who wanted to vote in person.

Friedlaender’s son, Alexander, 22, is an autistic college student in Washington, D.C. Alexander never learned the continuous flow of cursive writing. He can write thoughtful essays for advanced history of art coursework but gets flustered when asked to sign his name in cursive. A signature is required to check in at polling stations or affirm the authenticity of a mail-in ballot. It took time, but with great pride, Alex painstakingly voted by mail earlier this month with his hard-earned penmanship.

Resnik’s son, Matthew, 33, completed his public education as a fourth-year high school senior. Matt began singing the preamble to the Constitution at the age of 8, along with a broad repertoire of songs thanks to his beloved Schoolhouse Rock! video collection. An unreliable speaker, Matthew still struggles with answers to questions, yet can solve all kinds of multiplication problems in his head. With his communication challenges, he will not be casting a ballot this year or in the foreseeable future. However, Matt’s voice will be heard indirectly at the ballot box by those who think of housing, health care, employment, and disability rights when they select a candidate.

Across the country, the autistic population is growing, though autistic Americans are hardly the only group facing barriers to voting. Roughly one in 36 children is diagnosed with autism spectrum disorder. Every year, more than 120,000 U.S. autistic youth transition to adulthood and lose school-based services. They enter a chaotic world where they are far less assured of health care, housing, training, and jobs.

Major medical and public health groups, including the American Medical Association, have identified voting as a social determinant of health — or, more simply, a factor that improves the well-being of those who do it.

There has been some movement in the right direction. In Josh’s case, the guardianship issue in Arizona was lifted this summer thanks to Wood v. Coconino, a Arizona Court of Appeals decision that ruled people under guardianship should not automatically lose their voting rights. If a citizen understands they are choosing a particular candidate for a specific office, the citizen has the capacity to vote.

That’s why First Place AZ launched VotetheSpectrum.org, a nonpartisan movement that aims to register and educate voters with disabilities across the U.S. The initiative, launched in Arizona one year ago, also offered a series of Spark the Spectrum accessible voting workshops as well as tool kits and mock elections to give adults with autism and intellectual and/or developmental disabilities a chance to practice all steps of the voting process.

As moms, we also know our work is never done. The disabled community’s needs can only be met when those who exercise their voting privilege support those who cannot.

Full Article & Source:
We must dismantle barriers that prevent disabled Americans from voting

Report finds most Maine adults considered for legal guardianship don't have legal representation

By Patty Wight

Most adults in Maine who are considered for legal guardianship don't have an attorney to represent them. That's the finding of a first-of-its kind report from Disability Rights Maine.

The non-profit advocacy group evaluated more than 2,200 adult guardianship cases from 2019-2021, and found that roughly three out of four adults lacked legal representation. And among those with developmental disabilities, the rate was even higher — 90 %.

Lauren Wille, legal director at Disability Rights, said under guardianship, individuals lose their right to make decisions on housing, jobs, medical care, and finances. And she said Maine has become overly reliant on its use.

"That is why an attorney is really, really helpful," Wille said. "Part of what our report showed is that the outcomes for when people had attorneys versus when they didn't were very, very different. Starkly different, less restrictive alternatives."

Wille said Maine showed leadership in 2018 when it enacted a law that emphasized guardianship should be considered a last resort. She said the study shows that more must be done to ensure people in these cases know they have a right to a court-appointed attorney.

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Report finds most Maine adults considered for legal guardianship don't have legal representation

LaGrange police lieutenant arrested for elderly exploitation and theft

By FOX 5 Atlanta Digital Team

LAGRANGE, Ga. - A lieutenant from the LaGrange Police Department has been arrested in connection with a case of theft and exploitation involving an elderly victim, announced by the Georgia Bureau of Investigation over the weekend. 

Joshua Clower, 43, faces charges of theft by taking, theft by conversion, and exploitation of an elderly person over the age of 65.

On June 25, the LaGrange Police Department requested the GBI's assistance to investigate allegations that Clower was involved in theft. 

Investigators accuse Lt. Clower of stealing more than $7,000 from an elderly citizen's checking account and using the funds for personal expenses. 

Following his arrest, Clower was booked into the Troup County Jail. 

The GBI asks anyone with information about this case to contact the regional investigative office in Columbus at 706-565-7888. Anonymous tips can be submitted by calling 1-800-597-TIPS (8477), or online at the GBI's website. 

The Source

• The Georgia Bureau of Investigation

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LaGrange police lieutenant arrested for elderly exploitation and theft

Guardianships for those with disabilities draws debate

by Joanna Gagis

Some advocates for those with disabilities want less restrictive guardianships or none at all

Guardianship is a legal process that’s handled through the courts, giving one legal authority over someone who’s unable to make decisions for themselves and often with intellectual or developmental disabilities.

Now that longstanding process is coming under new debate.

“If you have a guardian, that person has the right to decide everything for you,” said Kelly McGuire, staff attorney for Disability Rights New Jersey. “There’s very few rights that you actually retain under guardianship.

“I see it in my clients, that people subject to guardianship will come to me and say that they don’t want to be subject to guardianship anymore,” she said. “Or they want a less restrictive guardianship or less restrictive guardian, because these tend to be abusive relationships. Not all guardians are abusive, but it’s a very easily abused system.”

Disability Rights New Jersey represents many individuals with disabilities, often fighting guardianship cases in court.

Among the clients is Peter Brumlick, who has autism and spent three years and close to half a million dollars in court trying to get out from under his mothers’ petition for guardianship. The appellate court recently ruled on Brumlick’s behalf, but it’s the petition process that has him concerned for others like him.

Yet a new bill in the Statehouse would further streamline the process, and advocates are concerned given how easy it is to apply for guardianship already — and how hard it is to get out from under a request, let alone an actual guardianship appointment.

The bill would allow someone to request guardianship of a minor six months before that person turns 18. It was first introduced by state Assemblyman Hal Wirths (R-Sussex) and is now sponsored by Assemblywoman Carol Murphy (D-Burlington), who says it’s intended to keep the most vulnerable from falling into a care gap where family can’t advocate for them.

“A lot of times, our folks with disabilities, once they turn 18 it’s not automatic that their parents will become their guardian,” said Murphy. “So in order to avoid that break in the guardianship, it allows that parent to file early before they turn 18.”

She does want to see people who don’t need guardians to be able to live independently and seek help when they need it. But this bill puts the onus on those who would have guardianship placed over them to prove that have capacity to care for themselves.

“We shouldn’t start from the position that people are sort of guilty until proven innocent,” said Paul Aronsohn, the state Ombudsman for Individuals with Intellectual or Developmental Disabilities and Their Families. “If someone is seeking guardianship over another individual, I think it’s incumbent upon them to make the case, and make it in a thoughtful way.”

There’s another option here – one that 22 other states have adopted – that calls for what is termed supported decision-making, where the person with a disability assigns power of attorney to a caregiver so they can participate in things like healthcare and banking.

Passaic County Surrogate Judge Zoila Cassanova approves guardianship requests, and she too is in support of a more coordinated, centralized system that puts supported decision-making before guardianship.

“I feel we should try to look at the least restrictive means,” said Cassanova. “Ultimately, we should move forward as a state in how to support individuals, meet them where they are, and work on their strengths with the right support. Rather than automatically take away a person’s right and their autonomy.”

Cassanova would also like to see a shift away from court-appointed attorneys used in these cases, instead using a guardian ad litem as an advocate. Murphy has said she’s holding the bill while she continues to have discussions with stakeholders.

Full Article & Source:
Guardianships for those with disabilities draws debate

'I'm a new racist.' New recordings surface as investigation into Oakland County judge continues

New recordings reveal Oakland County judge felt 'untouchable'

By: Heather Catallo

(WXYZ) — It’s a story the 7 Investigators first broke: a local judge caught on tape, accused of making racist and homophobic comments. Now 7 Investigator Heather Catallo has obtained more of those recordings.

Judge Kathleen Ryan was removed from her docket in late August. The 7 Investigators have learned that investigators from the Judicial Tenure Commission (JTC) have been conducting interviews about the judge’s alleged behavior with employees at the Oakland County probate court.

It's unclear at this point will she be taken off the bench for good, disciplined, or allowed to go back to work.

7 Investigator Heather Catallo first obtained the recordings that Oakland County officials say prompted Judge Kathleen Ryan’s removal from her docket in August.

In one recording Ryan allegedly said: “I can honestly say that, ok I’m not systemically racist – I’m a new racist.”

In another recording obtained by the 7 Investigators, she allegedly said: “You f*****g Black c***. I’m so pissed off at this Black Lives Matter, #MeToo, all this bulls***, oh my God – f**k you b***h.”

Ryan is the Oakland County Chief Probate Pro Tem Judge and she’s been on the bench for more than 13 years.

Attorney Edward Hutton is the Oakland County Probate Court Administrator.

Hutton is in charge of running everything that’s not under the judges’ purview inside one of the state’s largest probate courts.

“I've never met anybody that enjoys hurting people and brags about it the way she does — or intimidating people, or scaring people,” Hutton told 7 Investigator Heather Catallo.

He alleges Judge Ryan has been calling him both during work and after-hours for years, and Hutton says during those hours and hours of calls Judge Ryan said highly inappropriate and racist things.

In another recording, Ryan allegedly said this: “…with this whole Black Lives Matter stuff you know they’re like - everyone’s all entitled and s**t… Let’s assume they did get screwed just because of the nature of your color, and the way America is, systemic racism, all that s**t! Fine. But don’t they have an obligation to step up to the plate too? I mean think about it, all they have to do is look at their history, like the whole like baby mommas, and the dads taking off, it’s like, you guys have an obligation too. You want us to treat you equally - you got to f*****g step up and do the same job! You know, you don’t get to be a lazy a**”

“Why did you start recording the calls?” Catallo asked Hutton.

“I just felt like it wasn't going to change,” said Hutton. “Nothing's manipulated and it's conversations that I was a part of. It's something that I anticipate at some point I'll probably have to testify to under oath, and I'm absolutely willing to testify to the authenticity of every single one of them.”

Hutton says he sent Chief Probate Judge Linda Hallmark a formal complaint about Judge Ryan in May. He says very little happened until 3 months later when he sent the recordings of Ryan to the Michigan Supreme Court and to the Oakland County executive.

Judge Hallmark then issued a statement saying she notified the Judicial Tenure Commission (JTC) which decides whether judges should face discipline.

Sources tell the 7 investigators the highly secretive JTC investigative process is underway. But Hutton says he’s always been concerned Judge Ryan’s powerful friends in Oakland County might protect her.

In another recording Ryan allegedly said this: “I hate to say it, knock on wood. I really kind of am untouchable… They can’t touch me… They can’t touch my salary. They can’t touch my job. All they can do is have somebody run against me. Good luck!”

Hutton says Ryan has bragged in the past about knowing people on the Judicial Tenure Commission, although there’s no indication she’s contacted them about this issue.

Hutton says Judge Ryan also previously talked about how the rest of the Oakland County judges would support her in past matters.

Recording: “I’m pretty untouchable. So you guys really want to be d***s… You got 22 judges who are p*****s. Guess what - they’re still going to back me”

This isn’t the first time that Judge Ryan has allegedly made statements about her status as a judge.

In November of 2021, Wixom police arrested Ryan for domestic assault. That charge was later dropped, but police records say Ryan hit her boyfriend in the face and when she was arrested she allegedly mentioned “she was a ‘Judge…” and yelled “obscenities at [the officer], saying, she was going to ‘come after [the officer]…’”

“Judges are at the center of representing the system of justice to the public. It's not only important the way in which they handle their work, but the view that the public has of them,” said Larry Dubin, law professor emeritus at the University of Detroit Mercy School of Law.

Dubin is a legal ethics expert and says Judge Ryan’s statements about race and being untouchable have the potential for serious consequences from the JTC, because even the appearance of misconduct can violate the Code of Judicial Conduct.

“I would say that if a judge believes that he or she is basically untouchable, that they basically can do whatever they want to do and there will not be any consequences for it -- is really mistaken,” said Dubin. “So the Supreme Court is going to be concerned, even if a judge is creating a bad image before the public.”

“She's a judge and she makes decisions from the bench ... that affect individuals’ lives and families’ lives and have a rippling effect throughout our communities, our county, our state. And it just can't be allowed to continue,” said Hutton.

The 7 Investigators did reach out to Judge Ryan’s attorneys. They did not comment on these new recordings but previously told us in a statement: “We respect the authority of the Michigan Supreme Court. However, we look forward to vindicating Judge Ryan in the appropriate forum.”

Meanwhile, the Executive Director of the JTC says their confidentiality rules prevent them from commenting as well.

Full Article & Source:
'I'm a new racist.' New recordings surface as investigation into Oakland County judge continues

See Also:
Michigan Probate Judge Kathleen Ryan and racism that is the tip of an iceberg of corruption.

Caught on audio: Oakland Co. judge called self a 'new racist,' used gay slurs 

Oakland Co. probate judge removed from docket pending misconduct investigation

5 Key Lessons To Learn From Britney Spears' 13-Year Long Conservatorship Battle

By Seema Sinha

Before we get down to exploring what lessons the public can learn from Britney Spears’s conservatorship battle, reckoning some of our readers may have never heard of the infamous case, here’s a brief overview of the dispute we are trying to base our story on.

Britney Spears, a well-known American pop star, aged 42 as of writing this article, was placed under a conservatorship—in simple words, legal guardianship—in 2008, with the court appointing her father, Jamie Spears, to control the singer’s personal and financial affairs in light of her then-ongoing struggles with mental health.

To simplify the matter even further for our readers, here’s how conservatorship or guardianship is described in legal textbooks. Guardians for adults are sought to manage issues for individuals who are incapacitated. This includes people with physical disabilities, such as individuals in comas, those who suffer from advanced forms of dementia, or those experiencing other serious injuries or challenges. Guardians are also appointed in cases of intellectual disabilities. This is the category Spears’s conservatorship fell under.

Guardians are typically of two types: a personal guardian, who exerts control over the conservatee's personal matters, such as taking care of their medical decisions, and a guardian of estate, who makes financial decisions on the conservatee’s or ward’s behalf. In Spears’s case, her father was in charge of both aspects of her life until 2019, when he stepped down from the formal role due to health reasons. However, he remained in control of her finances until 2021, when the court removed him and allowed Spears to choose her own trusted guardian after she managed to convince the court her father was an inappropriate candidate for the role, citing his unfair treatment of her.

Since we’ve discussed the unfairness one of the biggest pop stars of the late ‘90s and early 2000s endured for over a decade while being involuntarily placed under this legal arrangement, here are five lessons her judicial fight can teach us.

Loss of authority over oneself 

In a brief court appearance in June 2021, according to BBC, Spears labeled her conservatorship as “abusive,” saying the arrangement was doing her “way more harm than good.” It was also during this testimony that she pleaded with the court to return her life to her, highlighting how the singer was deprived of even basic control over her personal and professional affairs. “I want to be able to get married and have a baby. I was told right now in the conservatorship I am not able to get married and have a baby,” Spears added, further emphasizing the lack of control she had over her own life.

Per the aforementioned publication, the singer felt so betrayed by her father’s excessive control over her business that she unapologetically expressed her readiness to press conservatorship abuse charges against him.

The first and foremost lesson we feel our readers can learn from Spears’s conservatorship battle is to trust no one completely when it comes to legal arrangements. Like Mr. Spears, one’s conservators might disguise extreme control over one’s life as decisions made in the best interest of the conservatee.

Opt for professional conservators 

To avoid enduring the ordeal Britney had to bear, it is advisable for conservatees to choose their conservators themselves. Your guardian does not need to be a family member or close friend. There are many professional conservators who would gladly look after your finances or well-being for a fee.

Our advice: it’s best to let your parents, partners, and loved ones remain as such while letting an experienced attorney or professional conservator manage the less emotional aspects of your life. Spears was eventually allowed to choose her preferred guardian after her battle for freedom from her father ended.

LPAs are for people of all ages

 Situations similar to Britney’s can be avoided by having a Lasting Power of Attorney (LPA) in place to manage your estate or health if you become incapable of doing so yourself. While many believe LPAs are for people nearing the end of life or suffering from illness, recent events—including the Oops!... I Did It Again singer’s case—show that LPAs should be considered by people of all ages.

Know your rights

Entering into any legal arrangement should only come after thoroughly researching your rights in case of abuse of power. In the United States, laws like the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA) and similar state-specific laws have been enacted to reduce the potential harm that arrangements like conservatorship can have on individuals.

Britney Spears’s public testimony raised awareness about conservatorship abuse as she revealed how powerless and out of control she felt while under her father’s control, even though he claimed he acted in her best interests.

Fame comes with a price

Britney Spears’s case highlights that fame often comes with a cost. The pop star’s immense success, along with the pressures of public scrutiny, relentless media attention, and high expectations, contributed to her mental health struggles, which led to her father taking extreme control of her life.

According to her 2023 memoir The Woman in Me, Spears was placed under Jamie’s control after a series of troubling incidents, including shaving her head, hitting a paparazzo’s car with an umbrella, and locking herself in a room with one of her children to avoid handing him over to her ex-husband.

Full Article & Source:
5 Key Lessons To Learn From Britney Spears' 13-Year Long Conservatorship Battle

See Also:
Britney Spears

Investigation continues for woman arrested; Charges relate to elder abuse in care of her aunt

by Barry Simms

BALTIMORE — A Baltimore County woman is being held in jail without bond, accused of neglecting the care of a family member, according to charging documents obtained by 11 News Investigates.

The family member is a woman who was a double amputee and had been bedridden for 15 years.

Neighbors told 11 News they are upset and disturbed by what has happened. They did not want to speak on camera, but some said the family had just moved in several months ago.

A medical call brought first responders last week.

Baltimore County police arrested 34-year-old Brittany Brooks on three charges related to abuse and injury of a vulnerable adult.

Police said 56-year-old Antoinette Gray was found in deplorable condition inside a home on Kirkwood Road in Gwynn Oak, according to charging documents.

Brooks called 911 and said her aunt had been depressed and hadn't been eating or acting like herself for about a week.

First responders arrived and entered the home, where they found Gray in a bed in the dining room. They noticed a terrible odor and saw flies, maggots and bed bugs, according to the charging documents. Gray had bedsores and was suffering from an infection. Her condition was so bad that rescuers worried about her going into shock.

The court record read:

"Due to victim Gray's skin being stuck to the mattress, victim Gray was transported to the hospital with the mattress still attached to her back."

"She was unable to move victim Gray so she left victim Gray there until a doctor would approve a lift to move her instead of calling for immediate medical attention," court documents read.

Brooks also said Gray would refuse medical care when needed and would not let anyone tend to her. One officer said they heard Brooks tell her mother she might get arrested for neglect, court documents show.

Gray, who died Aug. 15, said she was under Brooks' care for around a year, according to charging documents. Gray thanked rescuers and medical staff for helping her.

The investigation is ongoing. Brooks has another court date set for Sept. 6.

Full Article & Source:
Investigation continues for woman arrested; Charges relate to elder abuse in care of her aunt

Disabilities Day Program Employee Sentenced to 230 Days in Jail for Exploiting Vulnerable Adults and Shoplifting

For Immediate Release

U.S. Attorney's Office, District of Columbia

USADC.Media@usdoj.gov

            WASHINGTON — Danielle Marquita Baltimore, 40, of the District of Columbia, was sentenced today to 180 days of incarceration for financial exploitation of a vulnerable adult or elderly person, and 50 days for shoplifting. Each sentence will run concurrent to each other. The announcement was made today by U.S. Attorney Matthew M. Graves, and Daniel W. Lucas, Inspector General for the District of Columbia.

            Baltimore pleaded guilty to the two charges on October 2, 2024, before the Honorable Robert Rigsby, in the Superior Court of the District of Columbia.

            According to the government’s evidence, Baltimore worked as a direct support professional at Innovative Day, LLC, a day program for adults with developmental disabilities. Baltimore’s duties included taking individuals who require assistance or supervision in a safe environment outside the home during the day. Along with her guilty plea, Baltimore admitted that on or about December 20, 2023, Baltimore took two vulnerable adults who suffer from cognitive and developmental disabilities to Walmart, located at 310 Riggs Rd NE, Washington, DC. While at Walmart, Baltimore coerced the two vulnerable adults under her care into shoplifting items on her behalf. Baltimore placed items consisting of sneakers, clothing, and various merchandise in bags and gave the bags to the victims. Baltimore instructed the victims to exit Walmart without paying for the items. After leaving Walmart, Baltimore retrieved all of the concealed items from the victims. One victim stated they felt bad for shoplifting but complied for fear Baltimore would harm them for refusing.

            This prosecution is part of the Office’s wider efforts to combat crimes against seniors and vulnerable adults. In 2018, the U.S. Attorney’s Office for the District of Columbia launched an initiative to address the abuse and exploitation of older adults. The Elder Abuse and Financial Exploitation Initiative at the U.S. Attorney’s Office expanded its response to criminal and civil violations targeting older adults. The initiative has enabled the U.S. Attorney’s Office to develop and coordinate further its prosecution of these cases and enhance its overall support of older or vulnerable victims. The team consists of experienced prosecutors and victim advocates from across the Office, to include the Superior Court, Criminal, and Civil Divisions, as well as the Victim Witness Assistance Unit.

            The U.S. Attorney’s Office’s Elder Abuse and Financial Exploitation Initiative partners with the D.C. Office of the Inspector General’s Medicaid Fraud Control Unit (MFCU), which is statutorily responsible for investigating and prosecuting District Medicaid provider fraud as well as abuse or neglect of residents in health care facilities and board and care facilities and of District Medicaid beneficiaries in noninstitutional or other settings.

            This prosecution is indicative of the continued collaboration between the U.S. Attorney’s Office and the D.C. Office of the Inspector General to investigate and prosecute cases of this kind. The government urges the public to provide tips and assistance to stop health care fraud. If you have information about individuals committing health care fraud, please call the D.C. Office of the Inspector General at 202-724-TIPS [202-724-8477].

            In announcing the sentence, U.S. Attorney Graves and Inspector General Lucas acknowledged the work of those who investigated and prosecuted the case from the Major Crimes Section of the U.S. Attorney’s Office for the District of Columbia and the Office of Inspector General’s MFCU. They also commended the efforts of Special Assistant United States Attorney Emmanuela Charles, on detail from the MFCU, who prosecuted the case, and MFCU Special Agents Eduardo Torre and Victor Richardson, who investigated the matter.

Source:
Disabilities Day Program Employee Sentenced to 230 Days in Jail for Exploiting Vulnerable Adults and Shoplifting

Rochester woman to pay $80K in restitution after financially exploiting elderly man

Colleen Siverling and her ex-husband were charged with aiding and abetting financial exploitation after writing themselves checks totaling over $125,000. Siverling was sentenced on Sept. 30.

By Olivia Estright

ROCHESTER — A Rochester woman was sentenced to pay nearly $80,000 in restitution after pleading guilty to financially exploiting an elderly man, according to a sentencing order filed on Tuesday.

Colleen Marie Siverling, formerly Siverling-Keigher, 36, was charged with two counts of aiding and abetting the financial exploitation of a vulnerable adult with her now-ex-husband, Corey Jonathon Keigher, 35. The couple was charged separately, and Siverling entered a guilty plea in February.

In exchange for her guilty plea, one count was dismissed. Siverling was sentenced to five years of supervised probation and pay $79,718 in restitution. Olmsted County District Judge Pamela King ordered her to pay a monthly minimum payment of $50.

According to the criminal complaint, the pair wrote themselves checks totaling $125,025.25 from the bank account of a man over whom Siverling had a power of attorney order.

The investigation into the couple began in January 2022 after the Olmsted County Sheriff's Office received a vulnerable adult maltreatment report.

The couple told an investigator with OCSO that they had been working to improve the man's home after he went into a hospital in February 2019 for his fourth stroke.

The man, who is in his 80s, resides in a memory care facility in Olmsted County.

Siverling told the investigator that a lawyer told her to charge $25 an hour while serving as the man's power of attorney.

The couple provided no invoices or proof of any home improvements but did say they used the money to purchase new tires for their camper and bought around $4,000 dollars of jewelry for Siverling.

A pretrial hearing is scheduled for Keigher in March 2025.

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Rochester woman to pay $80K in restitution after financially exploiting elderly man

A 101-year-old former doctor who worked until he was 85 shared his 3 longevity secrets - including eating sardines

William emphasizes the importance of staying active throughout life, stating, "Beware of inactivity. I don't allow myself to become immobile." His daily routine includes walking and lifting weights, showcasing that regular exercise is integral to longevity. Research supports that even 20 minutes of walking daily can have significant health benefits and contribute to a longer life.

Home-cooked meals play a crucial role in William's diet. He believes, "Cooking at home makes it easier to eat fewer unhealthy foods and still enjoy nutritious options. I particularly love sardines; they are packed with nutrients and contribute to my overall health." This underscores the relevance of diet in promoting longevity.

Read at Business Insider

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A 101-year-old former doctor who worked until he was 85 shared his 3 longevity secrets - including eating sardines

Former Miami-Dade Corrections Officer accused of exploiting her elderly neighbor

Investigators say Newbold exploited the 71-year-old man even after he died.

By Jamie Guirola

A former Miami-Dade Corrections Officer is accused of exploiting her elderly neighbor by placing him in an assisted living facility and taking control of all his assets.

The former corrections officer has already had a taste of jail; however, this time, the 51-year-old is an inmate accused of taking advantage of one of the most vulnerable individuals.

“In this situation, it’s really sad to me. It’s very sad because the victim had nobody. His family had all passed on. He was severely mentally disabled, with the mentality of a 9-year-old. He had nobody to take care of him,” said Broward County Property Appraiser Marty Kiar.

The victim, Thomas Chiappetta, couldn’t even depend on his Miramar neighbors. One of them, Carmelia Newbold, is now accused of doing the exact opposite.

Investigators say Newbold exploited the 71-year-old man even after he died.

“And then you have the defendant, who at the time was a corrections officer, a law enforcement person supposed to protect the public, and she allegedly took advantage of him. She allegedly stole his property and his assets,” said Kiar.

According to Kiar and the Broward Sheriff’s Office, a thorough investigation revealed that Chiappetta’s sister died in 2020. She was his sole caregiver. After her death, Newbold allegedly created a power of attorney, supposedly signed by Chiappetta, giving Newbold legal authority over the victim and all his assets.

But investigators say Chiappetta was mentally incapable of signing a power of attorney.

Newbold is accused of using the fraudulent power of attorney to open a probate case for Chiappetta’s sister’s estate, making herself his personal representative.

“And then, right when that happened, the defendant allegedly made a quitclaim deed where the property was then deeded to her. She then allegedly placed the victim in an assisted living facility. She was allegedly receiving the victim's Social Security checks and life insurance from both his sister,” said Kiar.

Newbold also made herself the beneficiary of Chiappetta’s life insurance. He passed away in 2022. “I think it’s disgusting. I think it’s terrible, and unfortunately, we see it all the time,” said Kiar.

Newbold is charged with exploitation of the elderly and organized fraud.

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Former Miami-Dade Corrections Officer accused of exploiting her elderly neighbor

Georgia Nurse Accused of Breaking Bones of Elderly Patients While Stealing Their Jewelry: 'You Lose Faith in Humanity'

"I can't explain the feeling that came over me from horror, nausea, wanting to scream."

by Morgan Music 

A Georgia hospital nurse accused of theft now faces additional charges of elder abuse for stealing jewelry from patients, one of whom suffered a dislocated finger when her ring was forcibly removed.

A former nurse at North Fulton Hospital, Stephanie Phillips-Siwiec, is facing multiple charges after allegedly stealing from elderly patients under her care. Phillips-Siwiec has been charged with three counts of abuse, neglect, or exploitation of the elderly, three counts of robbery, and aggravated battery. These charges come on top of prior felony theft charges according to Roswell police reports.

The investigation began after a 95-year-old patient's daughter reported that her mother's $1,000 gold bracelet went missing while receiving care at the hospital on Sept. 28. An affidavit obtained by Fox 5 revealed further complaints from other patients, including 87-year-old Patricia Gaskins, whose finger was discovered to be dislocated with a cracked bone after Phillips-Siwiec allegedly removed her rings using hand sanitizer.

"I can't explain the feeling that came over me from horror, nausea, wanting to scream," Gaskins' daughter told FOX 5 News. "You lose faith in humanity at that moment, that this happened in a place where someone is supposed to be cared for."

Phillips-Siwiec appeared in court Thursday, where she was heard saying, "Oh my god," and "That's not true," under her breath in response to the allegations. Bail was set at $140,000, and the judge ordered her to avoid contact with anyone over the age of 75 or connected to North Fulton Hospital and prohibited her from working as a nurse.

Wellstar Health System, which operates North Fulton Hospital, placed Phillips-Siwiec on administrative leave. The hospital is cooperating with authorities and issued an apology to affected patients and their families.

"These allegations, if true, go against everything we stand for as caregivers," a hospital spokesperson said. "Every person should feel safe and comfortable when they receive care."

The case is still under investigation, and authorities encourage any other potential victims to contact the Roswell Police Department.

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Georgia Nurse Accused of Breaking Bones of Elderly Patients While Stealing Their Jewelry: 'You Lose Faith in Humanity'