Tuesday, November 12, 2024

DOJ outlines efforts to combat elder abuse, fraud in annual report to Congress

by Kimberly Bonvissuto 


With “millions” of older adults falling victim to elder abuse and fraud each year, the Department of Justice has released its sixth annual report about its efforts to tackle those crimes and prosecute offenders.

The DOJ’s “Annual Report to Congress on Department of Justice Activities to Combat Elder Fraud and Abuse” report to Congress outlines its efforts from July 1, 2023, to June 30, 2024, to combat elder abuse, neglect, financial exploitation and fraud.

During that period, the department pursued more than 300 enforcement actions against more than 700 defendants charged with stealing almost $700 million from 225,000 victims. The government provided services to more than 230,000 older adult victims and returned more than $31 million to them.

“Because millions of older Americans suffer some form of elder mistreatment each year — and because many more abuses go unreported or unseen — everyone has a role to play in this work,” Attorney General Merrick Garland wrote in a foreword to the report.

Working with partners including the US Postal Inspection Service, state partners and Medicaid Fraud Control Units, as well as law enforcement corpus, the department pursued more than 30 different types of elder fraud schemes. 

The scams with the highest financial losses for older adults — including senior living residents — were investment scams, where older adult lost $1.2 million. Tech support scams led to $590 million in losses, business email compromise scams led to $382 million in losses, romance scams cost victims $357 million and government impersonation cost victims $180 million. 

The department’s National Elder Fraud Hotline received more than 50,000 calls in the past year and helped older victims to report potential crimes and to local available resources and services. The five states with the highest number of calls were California, Florida, New York, Ohio and Texas. The most common types of fraud reported in those calls are romance scams, identity theft and business imposter scams. 

During a September hearing on fighting fraud held by the Senate Special Committee on Aging, US Sen. Bob Casey (D-PA), committee chairman, released the group’s ninth annual fraud book, “Fighting Fraud: Scams to Watch Out For.”

According to that report, FBI data showed that fraud losses among older adults reached $3.4 billion in 2023. According to the FBI’s Internet Crime Complaint Center, or IC3, investment scams were the costliest scams for older adults, with reported losses topping $1.2 billion last year, a 400% increase since 2021. 

The Federal Communications Commission reported that health-related scam calls targeting older adults tend to spike during Medicare’s open enrollment period, October to December. Last year, there were $17 million in confirmed losses due to healthcare scams. Mike Braun (R-IN), ranking member of the Senate Aging Committee, said that Medicare lost $60 billion in 2023 due to fraud, errors and abuse.

Full Article & Source:
DOJ outlines efforts to combat elder abuse, fraud in annual report to Congress

'The gardener talked': My grandmother gave her neighbor $6,000 to buy a car. How can I protect her from exploitation?

By Quentin Fottrell

'The neighbor is living it up and - lo and behold! - and there is no vehicle'

Dear Quentin,

If an elderly person is preyed upon by a neighbor is there any recourse? My grandmother loaned her next-door neighbor $6,000 to help her to "afford a car." My grandma didn't want me to know about it, but the gardener talked.

There were no repayments of any kind. The neighbor is living it up and - lo and behold! - and there is no vehicle! My grandma may or may not be in her full faculties, but insists on living alone. Is there any way to protect her from this neighbor or other predators?

Turns out, she's been stuffing the house with cash for many years. What prevents someone from visiting to make withdrawals? Any advice on how to best shore up the leak?

Granddaughter

Dear Granddaughter,

Garden fences sometimes need to be higher - much higher.

There's a lot you can do. Call your grandmother's bank and alert them to any unusual transactions, carry out a deep clean of her house so you can excavate the cash piles and apply to be a guardian/conservator and/or power of attorney over her medical and financial affairs.

After you have the legal authority, freeze her credit at Experian (EXPGY), TransUnion (TRU) and Equifax (EFX), so this neighbor from hell cannot set up an account or take out a credit card in her name. Put your grandmother's documents, including her Social Security number, in a safe place.

The National Careline offers, among other organizations, advice on next steps, including contacting the local council and reporting the issue to her local Adult Protective Services, District Attorney's office, and/or to the police or Sheriff's office. Find your local APS here.

"If your loved one has a social worker, elder patient advocate, or someone in a similar role, consider asking that person for help," per this advice from the Consumer Financial Protection Bureau. There may also be a family council in your grandmother's community.

Some states have laws to help survivors of financial abuse to file cases in civil court to recover lost funds, the CFPB says. You may also be able to put a temporary freeze on your mother's bank accounts. You could also seek a "restraining order" or "order of protection" in civil court.

Bravo to the gardener for snitching on this neighbor who sees your grandmother as an ATM to fund her lifestyle. Community is so important in these kinds of cases: gardeners, housekeepers, friends, hairdressers - anyone who could notice something untoward.

Who are the predators?

It may seem unthinkable, but neighbors, friends, family members and even caretakers are among the most common perpetrators of elder financial abuse. Such crimes cost the elderly up to $28 billion annually, researchers say, although official estimates may not reflect the true cost.

"Isolation is a red flag and many studies of elder abuse say a lack of a good support system and physical and psychological isolation are hallmarks of the problem," according to the National Adult Protective Services Association. But as you discovered, it can also happen in plain sight.

Typically, if you suspect someone of elder abuse - emotional, physical, psychological or financial - you should report them to adult protective services, or call 911 and report them to local law-enforcement authorities or your district attorney's office.

The National Center on Elder Abuse, a government agency affiliated with the U.S. Administration on Aging, says that one in 10 people over the age of 60 in the U.S. experienced some form of abuse in the prior year. Research still lags all the new forms of financial abuse.

There are red flags to watch out for, however. Financial signs of elder abuse include fraudulent signatures on documents, overdue bills and "unusual or sudden changes in spending patterns, will or other financial documents," according to the nonprofit National Council on Aging.

You can IdentityTheft.gov to report identity theft and get a recovery plan. It is managed by the Federal Trade Commission. You can also call 1-877-IDTHEFT (1-877-438-4338); Telecommunications device for the deaf: 1-866-653-4261. 

Full Article & Source:
'The gardener talked': My grandmother gave her neighbor $6,000 to buy a car. How can I protect her from exploitation?

Monday, November 11, 2024

Veteran's Day

Happy Veterans Day Images 2023 | Veterans Day Photos ...

Thank  you for your service!

Don’t let this happen to you


by John O'Connor

My colleague Jim Berklan has been covering one of the year’s most compelling and troubling stories in long-term care: the unfolding saga of Forrest Preston, the 91-year-old founder of Life Care Centers of America.

New details emerging from Tennessee sound like something out of a soap opera. Since marrying his third wife, Kim, nearly 40 years his junior, Preston’s life and business have reportedly spiraled into chaos, according to a court complaint by his son, Aubrey.

Allegations range from restricted family contact to questionable financial transfers benefiting Kim and her siblings. Fears of a planned exit from the country and a recent passport renewal attempt have escalated the situation further.

The court has now ordered a legal guardian to assess Preston’s mental health, while Life Care’s leaders warn of operational disruptions, morale issues, and financial risks stemming from Wife Number Three’s influence over Preston.

The story will likely resonate with many nursing home operators, as countless facilities were founded and are still run by aging visionaries. The occupational risk here is founder syndrome — a condition often rooted in deep emotional investment. Symptoms can include excessive control, micromanagement, and a reluctance to plan for succession. Left unchecked, founder syndrome not only weakens operations but also exposes companies to serious risks if a founder’s health falters.

Here are five ways to help protect your organization from a similar fate:

Embrace succession planning early

Every organization needs a clear plan for leadership transitions. Founder syndrome often thrives in environments where succession planning is seen as a threat rather than a necessity. By actively working to groom potential successors and formalize a transition plan, founders can prevent their departure from becoming a crisis.

Establish a robust, independent board

Boards should be empowered to act in the organization’s best interests — and that means being able to provide oversight and checks on founder-driven decisions. By ensuring that no single individual holds outsized control, companies can safeguard against rash or irrational decisions that may emerge in later years.

Create boundaries and delegate authority

Founders should work to delegate authority and establish boundaries within the organization. Not only does this help the company prepare for a future without them, but it also encourages a healthy organizational culture where leaders can emerge, and the business can operate autonomously.

This case also underscores the importance of legal and financial protections. Business and personal finances should remain distinct, and proper legal documentation can help protect assets in case of familial or personal disputes. Transparent accounting and clear policies around asset management are essential.

Be open to retirement and life transitions

Letting go is difficult, but aging is an inevitable part of life. When a founder refuses to step back, they risk not only harming their company but also their legacy. Preston’s story serves as a reminder that maintaining full control into one’s twilight years can lead to serious and possibly irreversible damage.

Whether or not the company can weather this storm remains to be seen, but it stands as a glaring example of the risks associated with founder syndrome.

For today’s nursing home operators, the message is clear: don’t wait until it’s too late to put safeguards in place.

John O’Connor is editorial director for McKnight’s.

Full Article & Source:
Don’t let this happen to you

Family dog saves owner from mudslide after Hurricane Helene

The siblings used all their allowance to pay for the family dog, Tucker, three years ago. 

Source:
Family dog saves owner from mudslide after Hurricane Helene

Sunday, November 10, 2024

Priscilla Presley’s Legal Battle Over Alleged Financial Elder Abuse


Priscilla Presley’s Legal Battle Over Alleged Financial Elder Abuse

Priscilla Presley has taken legal action against her former attorney, seeking to prevent her from evading a serious financial elder abuse lawsuit, as reported  by Lawyer Monthly. Court documents reveal that Priscilla, 79, has requested a judge to reject her ex-lawyer Lynn Walker Wright’s request to be removed from the case, arguing that Lynn does not reside in California or have any connections to the state.

Priscilla has filed a lawsuit against her previous business partner, Brigitte Kruse, a man named Kevin Fialko, and Lynn. She alleges that Brigitte and Kevin were responsible for introducing her to Lynn. In a recent declaration submitted to the court, Priscilla stated, “Although they concealed it from me at the time, I now understand that [Brigitte] and [Kevin] orchestrated a widespread effort to isolate me from my trusted advisors, leading me to distrust them. They ultimately convinced me to replace my advisors with individuals they had selected, which was a crucial part of their strategy to manipulate my finances for their own gain.” Priscilla mentioned that she first met Lynn in December 2022 after Brigitte recommended her as a lawyer.

Allegations of Isolation and Secret Recording

Elvis' ex-partner entered into an agreement with Lynn and later discovered that Lynn also represented Brigitte. In her statement, Priscilla mentioned that a few weeks after hiring Lynn in January 2023, the defendants arranged for her to travel to Florida for an auction featuring Elvis memorabilia. She stated that she was informed she would meet Lynn during the trip to "sign some documents."

However, Priscilla claimed she was never provided with any paperwork to review beforehand. During the meeting, which took place at Brigitte's residence instead of Lynn's office, Priscilla felt "completely isolated from my other advisors." She noted that she was not allowed to have anyone else present in the room except for Brigitte. Priscilla asserted that Lynn did not inform her about the potential conflicts of interest in representing both her and Brigitte. "For no valid reason, this meeting was recorded by [Lynn], who I believe later shared a copy of the video with [Brigitte] and [Kevin]." Priscilla further contended that most of Lynn's work for her occurred in California. She argued that Lynn should not be allowed to withdraw from the case where she is seeking $1 million in damages.

Financial Exploitation Claims Against Brigitte Kruse

As previously reported by LM Priscilla alleges that Brigitte and others exploited her. Elvis' former wife referred to Brigitte as a "con artist and pathological liar." Priscilla shared that she first met Brigitte in 2021 when Brigitte was involved in selling Elvis memorabilia. She mentioned that a friendship blossomed between them, but over time, Brigitte began to take charge of Priscilla's life and finances.

Priscilla alleged that Brigitte had her sign various contracts that entitled her to 80 percent of Priscilla's earnings from deals. According to Priscilla’s attorney, “This situation stems from a carefully orchestrated and reprehensible scheme by the defendants to exploit an older woman by earning her trust, cutting her off from her closest friends and family, and misleading her into thinking they would manage her personal and financial affairs, all while their true intention was to deplete her finances.” The attorney further stated, “In a mere two years, the Defendants cultivated a personal relationship with [Priscilla] that allowed them to gain her full trust and distance her from her long-standing business and financial advisors.

They persuaded [Priscilla] that her previous advisors were either dishonest or incapable, leading her to believe she was missing out on millions due to their mismanagement.”

Counterclaims and Ongoing Legal Dispute

Priscilla asserted that Brigitte and the other defendants had funds that were rightfully hers deposited in accounts they controlled. Additionally, she claimed they mishandled transactions and withdrew money from her son’s bank account without justification. A lawyer representing Brigitte and her co-defendant Kevin Fialko commented to TMZ regarding Priscilla’s lawsuit, “This lawsuit is a retaliatory action stemming from one filed by Priscilla’s business partners last year. We are confident that the facts will emerge, and justice will be served.”

The attorney expressed, “It’s disheartening for all of us who dedicated our time to assist a woman in need, only to see her now trying to leverage her fame to harm the lives of compassionate, diligent individuals. We are grateful to all our supporters who have stood by us through this challenging period. Our focus remains on our business, and we eagerly anticipate our day in court. The truth will emerge through evidence, not hearsay. At this moment, we won’t be making any further comments as we honor the judicial process.” Prior to Priscilla’s lawsuit, Brigitte had already initiated her own legal action against Priscilla in a Florida court, claiming breach of contract.

Full Article & Source:
Priscilla Presley’s Legal Battle Over Alleged Financial Elder Abuse

See Also:
Priscilla Presley Elder Abuse War: Florida Lawyer ‘Vehemently Denies’ Conspiring With Auctioneer

Priscilla Presley Sues Ex-Advisors for Elder Abuse, Alleging ‘Abhorrent Scheme’ to Steal Her Money

Priscilla Presley challenges Lisa Marie trust amendment that names Riley Keough co-trustee

Oregon Mother and Daughter Face Felony Charges for Falsifying a Will in a $2 Million Estate

By Lucille McNamara


KLAMATH COUNTY, Ore. — Klamath County prosecutors say felony charges have been brought against a mother and daughter who allegedly falsified a will to collect an estate worth $2 million.

Daughter of the Deceased Woman Fights Claim

Their claim has been fought by the daughter of the deceased, Cathy Gerlett, who died suddenly on February 9, 2023.

The mother-and-daughter team of Renee and Kristine Pereira now faces charges of attempted aggravated theft, forgery, identity theft, and other computer crimes.

Both women pleaded not guilty at their court appearance at the end of October.

The daughter of the deceased woman, Kristy Gerlett, has been investigating the case ever since her mother’s death and pleading with law enforcers to charge the women she suspected of forging signatures on her mother’s will.

Kristy was excluded from the will, which allocates 80% of the estate to Kristine Pereira.

The indictment accuses the woman of forging Cathy Gerlett’s signature, the signatures of two witnesses, and the notary’s signature and seal.

According to court records, Renee Pereira filed the will in probate court in April last year, two months after the death of Cathy Gerlett.

District Attorney Says the Crime Was Premeditated

At Kristine Perreira’s arraignment, Klamath County DA David Schutt described the case as a ‘premeditated and coordinated effort’ by mother and daughter to steal an estate worth more than $2 million.

Kristy Gerlett is pressing for additional criminal charges involving the use of her mother’s credit card after her death. The card was used to buy gift vouchers worth $2,000, hotel accommodation, and a trip to a casino.

Kristy Gerlett filed a lawsuit contesting the will in June 2023 after discovering that the two witnesses and notary whose signatures appear on the will swore under oath that they never signed the document.

In a separate declaration, a handwriting expert testified that the deceased woman’s signature on the will was also falsified. He said her signature was probably copied from her original will dated 2018, in which the woman left 25% of her estate to her daughter, Kristy.

According to court records, an unknown person advertised an estate sale in August 2023, at which family heirlooms were sold.

A judge subsequently froze the estate and dismissed the 2022 will. He also removed the executor of the estate.

Full Article & Source:
Oregon Mother and Daughter Face Felony Charges for Falsifying a Will in a $2 Million Estate

Woman with type 1 diabetes has adorable alert dog who helps save her life | GMA

Korey, a 2-year-old Labrador Retriever, is a diabetic alert dog. We promise he will impress you.

Source:
Woman with type 1 diabetes has adorable alert dog who helps save her life | GMA