By Margie Menzel
A bill is moving in the Florida Senate that would add a new way to
serve bad actors who scam vulnerable adults -- via the online means by
which they contacted their victims.
In 2023, people over the age
of 60 lost more than $3.4 billion to financial exploitation. That’s
according to the Federal Bureau of Investigation.
Elder law attorney Shannon Miller says sometimes the losses can be
significant. She points to the story of a widow who was recently the
victim of a scam.
“She went on Millionaire Match, and she met a
gentleman who told her his name was Tom and he had a very good gold and
diamond business," Miller said. "And if she would simply pay the bond to
release his gold and diamonds, then he would be able to come to
Florida, sweep her off her feet and they would live happily ever after.”
Miller
says the woman had given the scammer, Tom, $2 million before her sons
learned of the situation and tried to intervene. By then she had sent
Tom cashier’s checks totaling $500,000 more.
“Her sons knew about
it," Miller said. "We filed an emergency temporary guardianship with the
court because we didn’t have the option of an exploitation injunction.
Because we didn’t know who Tom was. So, we filed the emergency
guardianship proceedings. We get the court orders. The bank is holding
the assets as long as they can because they know it’s fraud. But they’re
limited as far as how long they can hold these assets.”
By the
time the court order got to the bank, telling them to keep freezing the
assets, the money had already left the bank. The widow had lost a total
of $2.5 million.
Fort Myers Republican Senator Jonathan Martin is sponsoring a bill he hopes would help in such cases.
“Unfortunately,
the stories of seniors losing their life savings to exploiters -- even
after friends and family have become aware of the theft but the money is
gone, there’s no chance of recovery -- that continues to happen in the
state," he said. "This allows an injunction to be filed that would
prevent any additional assets from being stolen by freezing assets, even
allowing a freeze of the exploiter’s assets.”
In 2018, lawmakers
approved a measure that allowed an exploited person or a family member
to go to the clerk of courts and file an injunction to freeze their
assets. No attorney or filing fee is required. The Legislature
strengthened the protections in 2021, criminalizing undue influence.
Martin says the current laws have been successful against known exploiters.
“But
scammers escape the law by virtue of their anonymity," he said. "This
allows an injunction to be filed and the exploiters to be served within
15 days.”
Martin’s bill would create the ability to serve someone
such as Tom, who can’t be identified and sent a legal notice in the
mail. It’s usually someone in a social media application or electronic
mail program. And the only way to serve them is via the app that
protects their identity.
Sanford Republican Senator Jason Brodeur
noted that Florida lawmakers see their fair share of elder abuse in the
course of their work.
“And it’s disgusting, preying on the most
vulnerable," Brodeur said. "And in 2025, it is silly to think that the
only way you can serve someone is through certified mail.”
According to the bill analysis, financial exploitation of the elderly is a growing problem, up 11 percent from 2022.
Full Article & Source:
Bill would fight scammers targeting vulnerable Florida seniors
