Ex-BofA employee stole $500k from incapacitated woman, state attorney says

by Sofia Saric 

Miami-Dade State Attorney Katherine Fernandez Rundle and Miami-Dade Sheriff Rosie Cordero-Stutz hold a press conference Tuesday, Dec. 23, 2025, about the arrest of a former Bank of America employee accused of stealing $500,000 from a woman with disabilities. (Sofia Saric)

A Miami man who worked at a Kendall Bank of America branch has been accused of stealing over $500,000 from a woman with disabilities who had received a large inheritance, Miami-Dade State Attorney Katherine Fernandez Rundle announced Tuesday.

The 47-year-old woman, who was not identified, suffers from a chronic condition that leaves her unable to walk and requires her to have full-time care, according to an affidavit, which detailed the alleged fraud.

She had been banking with Bank of America for about 20 years and frequented the location at 8840 SW 136th St. Mario Martinez, 40, was employed there and had known the woman since at least 2016.

The woman told Martinez on one occasion that she inherited a large sum of money and was having trouble managing her finances. He explained he was a financial advisor and could help her invest and manage her funds, according to the affidavit.

“But he lied,” Rundle said during a Tuesday press conference at the State Attorney’s Office “That was not the truth.”

Martinez devised a scheme to funnel her inheritance into his own account from April 2024 to December 2024, including creating a joint account in both their names without permission, Rundle said. The woman also lent Martinez $120,000 in early 2023 after he said he was in trouble because of a large debt.

She first learned of the unauthorized and undisclosed transactions after receiving a phone call in December 2024 from a Bank of America investigator.

“Whenever we learn of potential wrongdoing, we promptly investigate, fully cooperate with regulators and law enforcement, and work with the client to compensate them for any harm caused by an employee,” Bank of America spokesperson Bill Halldin said.

The Miami-Dade Sheriff’s Office began investigating Martinez on Jan. 16, 2025. That same day, Martinez left a gift basket on her doorstep in an effort to persuade the woman not to report his actions to police, Rundle said.

Martinez was arrested Tuesday and is being held without bond at the Miami-Dade Turner Guilford Knight Correction Center until his first appearance before a judge, according to jail records.

He is charged with a handful of felonies and is facing up to life if found guilty of tampering or harassing a witness, victim or informant, according to the affidavit. He is also accused of one count of exploitation of a disabled person in an amount over $50,000, one count of organized scheme to defraud $50,000 or more, one count of grand theft over $100,000 and one count of criminal use of personal identification information.“

Said Rundle: “To these criminals, the lives and safety of those incapacitated means little, but getting their cash means everything.” 

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Ex-BofA employee stole $500k from incapacitated woman, state attorney says

After Polk County lawyer stole millions, is there any hope of compensation?

by Gary White

The recent sentencing of Jason Penrod, a Polk County lawyer who pleaded guilty to stealing money from clients, raises a question: Can former clients victimized by a lawyer expect to recover any money they lost?

The answer is ... maybe. Even if no money remains available to claim through a civil lawsuit, The Florida Bar offers an avenue for seeking at least partial compensation.

Who is Jason Penrod?

First, the background on Penrod.

He founded and owned Family Elder Law, a firm with offices in Lakeland, Lake Wales and Sebring. The firm abruptly closed its offices in July 2024 with no warning to clients.

The Polk County Sheriff’s Office arrested Penrod in September 2024 on a charge of grand theft. PCSO alleged that Penrod stole nearly $1.8 million from a client’s trust

Authorities later added a second grand theft, along with about 30 counts of money laundering.

Penrod lost more than $1.7 million while gambling on multiple visits to the Seminole Hard Rock Casino in Tampa, the Polk County Sheriff’s Office stated.

Penrod, 48, pleaded guilty on Dec. 12 to two counts of grand theft and 19 counts of money laundering. Grand theft involves amounts of more than $100,000. He was sentenced to 25 years in prison, followed by 15 years of probation.

What is The Florida Bar's program?

The Florida Bar, which licenses all lawyers working in the state, created the Clients’ Security Fund in 1967 as a means to compensate clients who suffer losses through “misappropriation” by a member.

The program, funded by a portion of annual membership fees, is discretionary, meaning the fund is not obligated to pay any claim, according to The Florida Bar’s website.

There are limits on claims: They can be filed only if a lawyer has been disciplined through suspension, disbarment or revocation, unless the attorney is dead. (The Florida Supreme Court permanently revoked Penrod’s law license in November 2024.)

Losses covered and limits

The fund does not reimburse for losses resulting from negligence, fee disputes or malpractice, and business or investment relationships are not covered. The reimbursement is limited to actual losses and does not cover damages, expenses incurred or lost interest.

Payments are capped at $5,000 for fees paid to a lawyer who performed no services. For cases of misappropriated money, a client may recover the actual amount, with a maximum of $250,000.

A claim must be filed within three years of the final disciplinary action or the lawyer’s death.

For more information, call The Florida Bar’s Attorney/Consumer Assistance Program at 866-352-0707 or go to https://www.floridabar.org/public/acap/assistance.

Some Penrod claims approved

At least five claims against Penrod have been either approved or paid, said Jennifer Krell Davis, director of communications for The Florida Bar.

Two misappropriation claims have been paid in the maximum amount of $250,000 each, Davis said by email. The program has paid fee claims for $3,995 and $2,200, and another fee claim of $1,750 fee has been approved but not paid, Davis said.

The names and other identifying details of claimants remain confidential unless specific written permission has been granted, Davis said.

Civil lawsuits another option

At least one civil lawsuit has been filed against Penrod.

Even before his arrest, the adult offspring of a client sued Penrod in the 10th Judicial Circuit. Charles Anderson and Sherry Prevoznik accused Penrod of stealing nearly $1.8 million from the trust fund of their father, David D. Anderson, who died in 2021.

In June, Judge Michael McDaniel issued an order granting partial summary judgment and damages of $1.75 million. It is not clear if any money is available to be claimed.

Neither Prevoznik nor the lawyer who filed the suit responded to messages from The Ledger. 

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After Polk County lawyer stole millions, is there any hope of compensation? 

Disability advocates decry Utah guardianship law as 'civil death'

Disability rights groups argue that a new guardianship law creates a two-tier system that strips people with intellectual disabilities of basic legal protections.

by Quinn Welsch 

The capitol building in Salt Lake City, Utah houses not only the state government but also the state attorney general. (Chris Marshall/Courthouse News)

(CN) — Disability rights organizations sued Utah in federal court Monday over a new set of guardianship rules that they argue discriminates against people with intellectual disabilities under the Americans with Disabilities Act.

The Utah Disability Law Center and the American Civil Liberties Union of Utah say that the state established a two-tier guardianship system under legislation passed earlier this year that strips some citizens of certain legal protections.

Those protections include the right to an attorney, the right to a trial and the right to object to a guardianship, the plaintiffs write in their complaint. Opponents of the bill argue it also include sweeping powers for guardians to restrict an individual’s personal relationships, diet and media consumption.

“People categorized as having ‘severe intellectual disabilities’ are now directed into Senate Bill 199 guardianships, where they are stripped of key rights and protections, funneled in many cases into a system where the opportunity to mount a defense to a guardianship petition all but vanishes, and, once under guardianship, subjected to more restrictive terms than are available in standard guardianships,” the plaintiffs write. “The chasm between standard guardianships and Senate Bill 199 guardianships rests solely on a disability classification of ‘severe intellectual disability.’ This two-tier system — one which treats people differently based on their disability classification — is illegal.”

The bill, titled Guardianship Amendments, was introduced in the Utah Legislature’s General Session this year, sponsored by state Senator Kevin Stratton and Representative Steve Eliason. The Republican lawmakers argued that the existing laws on guardianship didn’t correctly separate people with intellectual disabilities from the elderly, for example.

Stratton and Eliason argued that people with severe intellectual disabilities are at greater risk for financial and sexual exploitation, and could unknowingly be involved in criminal activity. Their bill gave guardians, often parents, more power to protect them from this exploitation or from falling into state care.

But the ACLU and Disability Law Center also say that the new legislation is dangerous because it gives guardians broad power to restrict who the dependent may or may not associate with.

The bill also allows guardians to limit the person’s access to alcohol, tobacco, pornography and other legal substances they determine could be harmful — a category that disability advocates say is too vague and could include things like sugary foods, red meat or the internet.

These guardianships are not the correct tool for protecting people with intellectual disabilities, Nate Crippes, public affairs supervising attorney at the Disability Law Center, wrote in a statement to Courthouse News.

“In addition, a parent could get this restrictive guardianship through the current guardianship system, but it would require an individualized assessment and give the individual due process,” Crippes wrote. “Ultimately, if a person is going to have their decisionmaking authority taken, there should be due process and it should be based on the specific individual’s needs, which is what we believe the ADA requires.”

In their complaint, the plaintiffs describe guardianship as a “civil death.”

“Even where a guardian is acting with the utmost good faith, guardianship carries practical, physical and psychological consequences and risks, and should not be entered into lightly or established as a default," the disability advocates argue.

After Governor Spencer Cox signed the bill in March, the Disability Law Center challenged the law in federal court in April. However, U.S. District Judge Robert Shelby, a Barack Obama appointee, dismissed the case with prejudice in July and denied a motion for reconsideration in November.

The Disability Law Center’s new lawsuit focuses solely on violations of the Americans with Disabilities Act, while its previous attempt claimed the bill violated the Rehabilitation Act and due process rights. 

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Disability advocates decry Utah guardianship law as 'civil death' 

Former assisted living manager charged for exploiting elderly residents' finances

by Ashley Griffin

Katie Michelle Esparza, 36,is charged with money laundering, theft, financial exploitation of an elderly person, credit card fraud, computer fraud, and identity theft. (Mugshot: MNPD)

NASHVILLE, Tenn. (WZTV) — A former office manager at a Middle Tennessee assisted living facility is accused of stealing thousands of dollars from two elderly residents, according to police.

Katie Michelle Esparza, 36, of Columbia, previously worked at Sapphire of Music City from April 2023 until August 2024. Police say two residents, ages 72 and 75, both living in the facility’s memory care unit, gave Esparza access to their debit cards to pay monthly rent and other expenses.

According to investigators, concerns were raised after Sapphire’s new director requested an accounting of resident finances. Esparza later resigned, police said.

An audit and investigation by the Metro Nashville Police Department’s Fraud Unit allegedly revealed multiple unauthorized transactions involving the residents’ accounts.

Police say Esparza used the 75-year-old resident’s debit card and banking information to initiate 35 Venmo transfers totaling $17,610 to her personal account. 

Subpoenaed Venmo records also showed 135 attempted cash withdrawals totaling $77,220 from the same account, though those transactions were declined.

Investigators also allege she used that debit card without authorization on 18 occasions to cover $899 in personal expenses.

The investigation further uncovered surveillance video that police say shows Esparza using the 72-year-old resident’s debit card to withdraw $1,500 from an ATM without authorization.

Esparza was arrested the night of Dec. 23 in Maury County. 

She is charged with money laundering, theft, financial exploitation of an elderly person, credit card fraud, computer fraud, and identity theft. She is being held on a $410,000 bond. 

Full Article & Source:
Former assisted living manager charged for exploiting elderly residents' finances

Georgia panel recommends removal of Chatham County probate judge over delayed rulings

By WTOC Staff 

SAVANNAH, Ga. (WTOC) - A judicial panel has unanimously recommended that Chatham County Probate Judge Thomas C. Bordeaux Jr. be removed from office after finding he failed to issue timely rulings in 16 cases, with some delays lasting more than seven years.

The Georgia Judicial Qualifications Commission Hearing Panel filed its 69-page report and recommendation today, December 23, concluding that Bordeaux violated judicial conduct rules by failing to dispose of matters “fairly, promptly, and efficiently.”

Bordeaux, who was elected in 2016 and re-elected in 2020 and 2024, admitted to violating judicial conduct rules but denied acting incompetently or without diligence. The panel found otherwise, determining he acted in bad faith by ignoring multiple warnings from the judicial commission.

See the full recommendation below:

Seven-year delay in estate case

The most egregious case involved the Estate of Joseph Barnes Jr., where Bordeaux took seven years and four months to rule after conducting hearings in May and July 2017. The judge finally issued an order in November 2024, only after formal charges were filed against him.

Attorney Richard Jennings, who represented petitioners in the Barnes case, sent multiple letters to Bordeaux over the years asking for a ruling. In one 2018 letter, Jennings noted that “over five and a half years have passed since Mr. Barnes’ passing and there continues to be no progress on resolution of his Estate.”

Bordeaux acknowledged his failure in the Barnes case, testifying, “I dropped the ball. I failed. And I wish I could tell you some better answer than that, but that’s the truth.”

Real harm to families

The panel found that delayed rulings caused substantial harm to families dealing with the loss of loved ones. In one case, heirs received insurance proceeds for hurricane damage but could not make repairs because the check could not be negotiated until an executor was appointed.

Nancy Bondurant, an heir in one case, testified about the emotional toll: “I feel like I wasn’t doing my job because my siblings were waiting on me, and they would ask and - you know, it was like, you just wait, and people don’t really understand that you’re just waiting. And you - I could do nothing.”

Another heir, Deborah Theall, said she felt “like I was too small of a problem” and that Bordeaux “just wasn’t interested in my case.”

Judge ignored warnings, made false promises

The judicial commission sent Bordeaux multiple warning letters starting in February 2024, but he continued to delay rulings. In some cases, he promised to rule by specific dates but failed to meet his own deadlines.

In the Estate of Charles Masterpolis case, Bordeaux committed to rule “within the next month” in March 2024, then promised again to prepare an order “within two weeks” in June 2024. He finally ruled in November 2024, more than eight months after his first promise.

The panel found that Bordeaux only ruled in some cases after formal charges were filed against him, demonstrating bad faith and conscious disregard of his duties.

Rejected excuses and proposed solutions

Bordeaux attributed his delays to understaffing, inadequate technology, space constraints, and a difficult working relationship with his chief clerk. However, the panel found these excuses unconvincing.

The court’s staff grew from nine employees when Bordeaux took office to 21 permanent employees by the time of the hearing. The court also received a new case management system, a staff attorney, and an associate judge to help with the workload.

Despite these resources, Bordeaux refused to use standard form orders approved by the Supreme Court, rejected help from his staff attorney, and insisted on writing all orders himself. Chief Clerk Wendy Williamson created tracking spreadsheets to help him manage cases, but Bordeaux largely ignored them.

Bordeaux proposed remaining in office under a “judicial probation” system with oversight from colleagues, but the panel rejected this proposal as inadequate.

Constitutional grounds for removal

The panel found Bordeaux subject to discipline on three constitutional grounds: willful misconduct in office, willful and persistent failure to perform duties, and conduct prejudicial to the administration of justice that brings the judicial office into disrepute.

“Nothing is more fundamental to the role of judge than ruling and it is a privilege, not a right, to be allowed to serve in that role,” the panel wrote. “Because of his own actions and, more rightly, inactions, we find that Judge Bordeaux has forfeited that privilege.”

The panel noted that 15 of the 16 cases took more than one year to decide, with delays ranging from nine months to more than seven years.

The Georgia Supreme Court will make the final decision on whether to remove Bordeaux from office. If removed, it would trigger a special election to fill the remainder of his term, which runs through 2028. 

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Georgia panel recommends removal of Chatham County probate judge over delayed rulings 

Bank Of America Employee Accused Of Stealing Over $500K From Disabled Client, Could Face Life Sentence

by Cedric 'BIG CED' Thornton 

A former Bank of America employee, Mario Martinez, was arrested and faces several charges after a co-worker reported that he was stealing funds from a disabled woman in southwest Miami-Dade County.

According to the Miami Herald, the 40-year-old was accused of stealing over $500,000 from a woman with disabilities who had received a large inheritance. Martinez was charged with several felonies, and if found guilty of tampering with or harassing a witness, victim, or informant, he is facing life in prison. He is also accused of one count of exploitation of a disabled person in an amount over $50,000, one count of organized scheme to defraud $50,000 or more, one count of grand theft over $100,000, and one count of criminal use of personal identification information.

Sheriff Rosie Cordero-Stutz and Miami-Dade State Attorney Katherine Fernandez Rundle announced the charges at a press conference.

“Today, Sheriff Rosie Cordero-Stutz and Office of the State Attorney – Katherine Fernandez Rundle announced the arrest of Mario Martinez. This investigation was a collaboration between the Miami-Dade Sheriff’s Office Organized Crime Bureau and the State Attorney’s Elderly and Vulnerable Adult Task Force.

“The case involves the exploitation of a disabled adult and more than $514,000 in financial losses. Protecting our most vulnerable residents remains a top priority, and those who abuse positions of trust will be held accountable.”

The unidentified 47-year-old woman has been with Bank of America for about 20 years. She suffers from a chronic condition where she is unable to walk and requires full-time care, according to an affidavit. Martinez learned from the woman that she had inherited a large amount of money and needed help managing her finances. He allegedly told her he was a financial adviser who could help her invest and manage her money. Martinez had known her since 2016; however, he was not a financial adviser.

He began funneling her inheritance funds into his own account from April 2024 to December 2024, and created a joint account in both their names without her permission. He did this after she lent Martinez $120,000 in early 2023 after he told her he had incurred a large debt.

She did not know what he was doing until she received a phone call in December 2024 from a bank investigator.

“Whenever we learn of potential wrongdoing, we promptly investigate, fully cooperate with regulators and law enforcement, and work with the client to compensate them for any harm caused by an employee,” Bank of America spokesperson Bill Halldin said in a written statement.

An investigation was started on Jan. 16, 2025, by the Miami-Dade Sheriff’s Office. On that day, Martinez left a gift basket on the woman’s doorstep to persuade her not to report his actions to the police, Rundle said.

Martinez was arrested Dec. 23 and is being held without bond at the Miami-Dade Turner Guilford Knight Correction Center.

Full Article & Source:
Bank Of America Employee Accused Of Stealing Over $500K From Disabled Client, Could Face Life Sentence 

Attorney Suspended for Juggling Funds in Guardianship Accounts

By Dan Trevas

The Supreme Court of Ohio today suspended a Worthington attorney for two years, with 18 months stayed, for transferring money from guardianship accounts without probate court permission, then lying to the court about the amount of money moves he made.

The Supreme Court found Michael Juhola violated several ethics rules when he transferred money from client accounts and then reimbursed the client whose money he used as a “bridge” to benefit his other clients.

In a per curiam opinion, the Court noted that Juhola must recognize that his duties as a court-appointed guardian hold him to a high standard and that client needs and wants must be balanced against hard economic realities and limited resources.

“He cannot allow his empathy for one ward to take precedence over his duty to another,” the Court stated.

In addition to the suspension, the Court ordered Juhola to work with a monitoring attorney for one year following his reinstatement, with the monitor focusing on Juhola’s proper use and distribution of guardianship funds.

Chief Justice Sharon L. Kennedy and Justices Patrick F. Fischer, Daniel R. Hawkins, and Megan E. Shanahan joined the opinion.

Justices R. Patrick DeWine and Joseph T. Deters stated they would impose the sanction recommended by the Board of Professional Conduct, which suggested Juhola be suspended for six months and monitored for one year upon his reinstatement. Justice Jennifer Brunner did not participate in the case. 

Lawyer Shifts Money To Accommodate Client Housing Needs
Juhola operates a solo practice focusing on guardianship, estates, and land-sale auctions. He was serving as the guardian of the estates of Bradford Woelfel and Todd McDaniel in 2023 when he started transferring money between the two accounts.

Juhola was seeking funds to pay McDaniel’s assisted living expenses. At the time McDaniel’s estate was experiencing cash flow problems due to a delay in selling stock McDaniel owned.

In January 2023, Juhola transferred $20,000 from one of Woelfel’s accounts to McDaniel’s account at the same bank. In February 2023, he moved another $5,000 from Woelfel’s account to McDaniel’s. He did not ask the Franklin County Probate Court for permission to do so. Juhola later admitted he did not request permission because he was afraid it would be denied.

“My thought was no harm, no foul; ask for forgiveness instead of permission,” he stated.

Juhola used the $25,000 withdrawn from Woelfel’s account to pay for McDaniel’s assisted living and did not tell McDaniel that he used another client’s money. Weeks later, Juhola completed the stock sale and used the proceeds to reimburse Woelfel’s account. None of the transfers were disclosed in the Woelfel estate accounting reports that Juhola was required to file with the probate court.

Later in 2023, Juhola used money from the Woelfel account again. Juhola served as conservator for Cyle Jarvis for 12 years, but in 2023, the conservatorship was terminated and Juhola became Jarvis’s financial power of attorney. Jarvis had agreed to move from his house to a condominium in an effort to increase his independence and conserve his assets.

Jarvis’s account was short on cash when Juhola and Jarvis found a condominium that suited Jarvis’s needs. Fearing he would not be able to sell Jarvis’ existing home or stocks quickly enough to make a cash offer on the new home and seeking to avoid capital-gains taxes on the sale of stocks, Juhola decided instead to use another client’s money to aid in the purchase.

Juhola transferred $70,000 from the Woelfel estate to Jarvis’s checking account in October 2023, again without seeking probate court approval. He did not tell Woelfel or Jarvis about the transfer. The bank reported the transfer to a supervisor at Franklin County Adult Protective Services. The probate court ordered Juhola to provide bank statements regarding the unauthorized transfer of funds.

Within two weeks, Juhola sold Jarvis’ stock and deposited $70,000, along with $479 in interest, into Woelfel’s account. The probate court later ordered Juhola to reimburse Jarvis for the $479 interest payment and he complied with the court’s order.

Probate Court Questioned Lawyer About Transfers
The probate court conducted a hearing to consider removing Juhola as Woelfel’s guardian. Woelfel’s wife spoke in support of retaining Juhola. The magistrate asked Juhola whether he had ever transferred money from one client’s account to another. Woelfel did not disclose the transfers he made between Woelfel’s and McDaniel’s accounts earlier in 2023.

McDaniel died in January 2024. After reviewing McDaniel’s account, Juhola disclosed to the probate court that he was mistaken when he stated that the transfer between the Woelfel and Jarvis accounts was the only instance. The court ordered Juhola to provide an accounting for 14 other matters. After a four-day hearing on those accounts, the court found no evidence of any additional wrongdoing.

Based on the transfers, the Office of Disciplinary Counsel filed a complaint with the board in November 2024. After conducting a hearing, a three-member board panel found Juhola violated several ethics rules, including rules that prohibit attorneys from knowingly making a false statement to a court and engaging in conduct that adversely reflects on their fitness to practice law.

The board adopted the panel’s findings and noted that lawyers in positions of public trust, including those appointed as guardians, have a heightened responsibility to abide by the professional conduct rules.

Supreme Court Considered Sanction
The opinion stated that Juhola’s actions constitute the misappropriation of client funds and the presumed sanction for that misconduct is disbarment. However, the sanction “may be tempered with sufficient evidence of mitigating or extenuating circumstances,” the Court noted.

The Court examined sanctions imposed on five other attorneys who either transferred or stole money from client accounts. The opinion noted the sanctions ranged from disbarment to fully stayed suspensions.

Of note in Juhola’s case is that he did not use Woelfel’s money “to pay his own expenses or line his own pocket,” the Court stated. Rather, he used the money as a bridge to secure the purchase of a home Jarvis desired and to pay for McDaniel’s housing costs until he could sell assets from their accounts to pay Woelfel back.

Despite his good intentions, his actions violated his primary duty to manage Woelfel’s estate in his best interests, the Court ruled.

In a required accounting Juhola provided to the probate court, he omitted the two transfers he made from Woelfel’s account to McDaniel’s account. The Court noted the omission is a violation of R.C. 2109.302(A) which required him to provide an itemized statement of all receipts and disbursements for the account. Less than two weeks after making the improper filing, Juhola transferred $70,000 out of Woelfel’s account to help Jarvis.

The Court noted Juhola was fortunate that Woelfel did not financially suffer from his moves. While the board found a six-month suspension was sufficient, the Court determined that a longer suspension with a partial stay “is necessary to impart the seriousness of Juhola’s misconduct and to further discourage him and others from using the assets of one client or ward to make unauthorized loans for the benefit of another.”

In addition to the suspension, Juhola was ordered to pay the costs of the disciplinary proceedings.

2025-0789. Disciplinary Counsel v. Juhola, Slip Opinion No. 2025-Ohio-5663.

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. 

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Attorney Suspended for Juggling Funds in Guardianship Accounts 

Tampa first responders rescue 86-year-old man blowing leaves off roof

By Briona Arradondo

An 86-year-old Tampa man found himself dangling off his roof on Wednesday afternoon in Tampa. 

The Brief

• • Tampa police rescued an 86-year-old man on Wednesday who got stuck on his roof trying to blow off leaves from his roof.
  • He was safely helped down off his home on Patterson Street by Tampa Fire Rescue.

TAMPA, Fla - An afternoon doing chores on Wednesday took a scary turn for an 86-year-old Tampa man.

The backstory:

James Manitaras found himself dangling off his roof three stories high on Patterson Street Wednesday afternoon in Tampa.

"It used to be the old joke that they got cats out of trees. I weigh about 170. They got me off of that roof in good shape," said Manitaras. "Since I have so much foliage around here, I get up on the roof and blow it off."

But this time, Manitaras, 86, said the branches he normally uses for support were trimmed.

"I was afraid to walk it, and my shoes weren’t doing real well. So, I decided I would get down and crawl it," said Manitaras. "Unfortunately, because of the pitch of the roof, every time I would roll over, I would go more towards the edge of the roof." 

What we know:

Manitaras said he soon realized his legs were hanging off his roof, and he was in a precarious position.

"My neighbor just happened to walk out and saw my legs over the side of the house and called 911," said Manitaras.

The Tampa Police Department and Tampa Fire Rescue responded within minutes to the call.

"As soon as I heard the sirens I thought, ‘Oh yes, this is just what I need,’" said Manitaras.

If first responders had not arrived, Manitaras said it would have been about a 30-foot drop to the gravel ground below.

"I wouldn’t have been very well off," he said.

What's next:

Manitaras said his wife, Sharon, had warned him about going on the roof to blow off the leaves.

"She’s been on me for years not to do it. But when you build a home, and you go up there, and you blow it every year or twice a year, you get confident," he said.

But after 40 years of living in the house he built, it was time for a helping hand from first responders.

"I’ve said thank you so many times. I wouldn’t be standing here if it wasn’t for them," said Manitaras.

He’s a little tired and sore now, and he said what could go wrong did go wrong.

"I was truly the victim of that," Manitaras said.

He shared that it may be time to follow his wife’s wishes and ask someone else to clear his roof for him.

"Of course, she had been on me for years not to do it. And me, I think I can do everything. I can’t." 

Full Article & Source:
Tampa first responders rescue 86-year-old man blowing leaves off roof 

State Senator from Ann Arbor helps push through bills to protect those under guardianship

By Kevin Meerschaert

Michigan State Senator Jeff Irwin (D-Ann Arbor)

The Michigan Senate has passed a pair of bills to prevent abuse of vulnerable people.

One of the bills was sponsored by Ann Arbor Democrat Jeff Irwin. It requires guardians to get an appraisal before selling the real estate of a person deemed unable to manage their own affairs.

Irwin says he’s heard too many stories of victims being taken advantage of.

“There’s been so many situations in Michigan where homes seem to be sold through fire sale rates and then quickly turned around and sold for more. And people under guardianship and their families deserve the same thing that we would demand on our own property before we would sell it.”

Irwin’s bill was partnered with one sponsored by Republican Ruth Johnson. It requires courts to determine that moving a person under guardianship and changing the permanent residence is in their best interests. 

Full Article & Source:
State Senator from Ann Arbor helps push through bills to protect those under guardianship 

Hopkinsville woman indicted for murder after elder abuse death of mother

The Grand Jury in Christian County has indicted a woman for murder following elder abuse charges in November.

By Christian County Now 

HOPKINSVILLE, KY (CHRISTIAN COUNTY NOW) – A Hopkinsville woman has been indicted by the Christian County Grand Jury for murder following an elder abuse related death in November. 

63-year-old Patricia Bader-Sanders was arrested on Nov. 3 after Jennie Stuart Medical Center contacted the Hopkinsville Police. The suspect’s 86-year-old mother, Wilma Saturley, was observed at the hospital with multiple bruises, swelling to her forehead, jaw, and limbs with a dislocated shoulder. She also had several bedsores on her backside.

At the time, Sanders told HPD that she was the sole person caring for her mother who had been under continuous medical care after being hospitalized over the summer. Sanders was also acting as her legal guardian since 2023, according to an arrest report.

At the time of the arrest, Sanders was initially charged with abuse and neglect of an adult. However, her mother died at the hospital three days after the arrest. A On Dec. 19, the Grand Jury announced the charged had been changed murder due to circumstances of extreme indifference to human life by engaging in conduct which is believed to have caused the death of Saturley.

Full Article & Source:
Hopkinsville woman indicted for murder after elder abuse death of mother 

North Carolina: Duke Health Nurse Arrested for Allegedly Sexually Assaulting Incapacitated Patients

by: Jenna Curren

DURHAM, NC - On Thursday, December 18, a Duke Health nurse was arrested for allegedly performing sexual acts on patients while they were incapacitated.

The alleged suspect, 39-year-old Jomil Uy Tugado, was arrested for performing sexual acts on two people while they were "incapacitated," according to arrest warrants reviewed by WRAL News. One incident took place in May and the other in December, Duke University Campus Police reported.

Tugado has been charged with two felony counts: sexual contact/penetration under the pretext of medical treatment and sex acts by a government or private institution employee. He was also charged with two misdemeanor counts of sexual battery.

The North Carolina Board of Nursing lists Tugado as a state-registered nurse, with a license that is set to expire in February 2027. His license has since been suspended following the charges.

Duke Health officials confirmed that Tugado was removed from patient care and placed on administrative leave effective December 7, one day after he allegedly committed the second offense. During his first court appearance on Friday, December 19, a judge denied Tugado bond. He is now scheduled to appear in court on January 6, 2026. 

Duke officials said Tugado began his employment with Duke Health in July 2023. Duke Health officials said they are fully cooperating with law enforcement authorities in their ongoing investigation.

If any patients have witnessed or experienced inappropriate conduct at Duke Health, they are encouraged to call the hotline at 919-385-3575.

"At Duke Health, our top priority is to maintain a safe environment for all patients to receive care," Duke Health officials wrote in a statement. "We have a zero-tolerance policy for sexual misconduct and take all allegations of inappropriate behavior seriously."

Tugado is the second hospital employee in the Triangle in the last two weeks to be accused of committing sexual crimes against his patients. A UNC Rex nurse, 28-year-old Brayan Alvarez-Ortiz, has been accused of sexually assaulting sedated patients. Raleigh police say he assaulted patients on three separate occasions while they were sedated and recovering from surgery.

"It's a traumatic experience no matter what the circumstances are, but for a survivor to think that they are going into a situation where the people that are involved are supposed to be held to a much higher standard, that they should be safe under any circumstances, it's terrible for anyone to have to go through," said Jeff Whitson with domestic and sexual violence prevention non-profit InterAct.  

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North Carolina: Duke Health Nurse Arrested for Allegedly Sexually Assaulting Incapacitated Patients

How delays and bankruptcy let a nursing home chain avoid paying settlements for injuries and deaths

Nancy Hunt arrived at an emergency room from a Genesis HealthCare nursing home in Pennsylvania in such dreadful shape, including maggots infesting her gangrened foot, that the hospital called an elder abuse hotline and then the police, her son alleged in a lawsuit.

Hunt died five days later. Her death certificate said the foot injury was a "significant" factor. Genesis denied wrongdoing but agreed to pay $3.5 million in a settlement Hunt's son signed in August 2024.

Yet Genesis hasn't paid most of that debt, court records show. It may never have to.

Once the nation's largest nursing home chain, Genesis says it was spending $8 million a month defending and settling lawsuits over resident injuries and deaths in recent years. But the company is now poised to wipe the liability slate clean by seeking refuge in the most protective corner of the legal system for the nursing home industry: bankruptcy court.

The Genesis case, one of 11 large senior care bankruptcies this year, illustrates how health care companies can dodge public and financial accountability for alleged negligence through delays, confidentiality clauses, and bankruptcy maneuvers, a KFF Health News investigation found.

When it filed for bankruptcy in Dallas in July, Genesis estimated its total liability for nearly a thousand settled and pending lawsuits at $259 million. A KFF Health News review of the terms of 155 settlement agreements and corporate financial statements shows Genesis officials knew insolvency was possible yet included provisions in its settlement agreements allowing it to defer payment, often for a year or more.

As a result, Genesis paid nothing in 85 cases and only a portion in the other 70, according to civil court records and bankruptcy claims made available through people with access to them. It still owes $41 million of the $58 million it had agreed to pay in those cases, the records show.

"It just feels like they killed my mom and got away with it," said Vanessa Betancourt, whose mother, Nellie Betancourt, a retired nurse, fractured her hip at a Genesis home in Albuquerque, New Mexico -- an injury the medical examiner's report said led to her death. Genesis agreed to a $650,000 settlement with Betancourt's family in April under the condition it would not need to pay the first of seven installments for another year, according to the settlement document.

Genesis denied wrongdoing in all lawsuits and settlements. In a written statement, the company did not answer questions about individual personal injury cases. The statement said Genesis remained "focused on delivering high-quality, compassionate care to our patients and residents without disruption" during bankruptcy.

One lawsuit Genesis settled for nearly $1 million alleged nursing home managers ignored repeated warnings about a male resident's behavior before he sexually assaulted a female Alzheimer's patient, according to court records. In a case the company resolved for $500,000, a Genesis nursing home was accused of delaying the hospitalization of a resident who had vomited brown mucus. He died of a bowel obstruction. Genesis has paid nothing for either settlement, according to bankruptcy claims.

Creditors, including families of the deceased, are expected to salvage a fraction of what they were promised, if anything. On Dec. 10, the company's owners were scheduled to seek approval by the U.S. Bankruptcy Court for the Northern District of Texas to sell its nursing homes and other assets to its largest investor, a private equity firm. In court papers, lawyers for residents and other creditors say the complex plan will prevent them from pursuing Genesis' new ownership and other companies they blame for the company's collapse.

John Anthony, a bankruptcy attorney representing 340 personal injury claims against Genesis, said, "They never had any intention to honor these deals."

LOW RATINGS AND FINES

During years of financial turmoil, Genesis has frequently struggled to provide top-notch care, federal records show. Using its five-star system, the Centers for Medicare & Medicaid Services rated 58% of homes affiliated with Genesis as below average or much below average. CMS has fined Genesis homes $10 million for violating federal health standards over the past three years.

In 2022, Connecticut health regulators shuttered a Genesis home after two deaths and multiple violations. The company closed another Connecticut nursing home this year after residents twice were evacuated over safety concerns.

In its Chapter 11 filing, Genesis said it cared for about 15,000 residents in 165 nursing homes and 10 assisted living facilities in 18 states. They are centered in Pennsylvania, West Virginia, New Mexico, New Hampshire, New Jersey, Maine, Alabama, Maryland, and North Carolina, according to the bankruptcy filing.

and the IRS. Under bankruptcy rules, those debts, backed by Genesis collateral, take precedence over the $1.6 billion in unsecured debt Genesis said it owes. Unsecured creditors include a pension fund; contractors that provided health services and equipment; Pennsylvania, New Mexico, and West Virginia for unpaid provider taxes; and former residents and their families who sued.

DANGERS IN MEMORY CARE

Sandia Ridge Center, a Genesis home in Albuquerque, was repeatedly faulted by health regulators for not preventing sexual misbehavior in its memory care unit. In November 2021, CMS cited the home for lacking enough nurses to prevent sexual abuse among residents. An inspection report the following August identified more inappropriate sexual contact. Police were called to investigate sexual assault allegations in February and March of 2023, police reports show; neither resulted in criminal charges.

Then in April 2023, a 61-year-old male resident with alcohol-related dementia sexually assaulted a female resident with Alzheimer's in the dining room, according to a police report and an inspection report. When the resident screamed for him to stop and that he was hurting her, he responded "shut up bitch I know you like this," according to a lawsuit brought on behalf of the woman, identified in court papers as R.S.

Sandia Ridge management had been aware of the male resident's behavioral issues for months, according to employee depositions in the case. Police had investigated a prior sexual assault allegation against him the previous year without bringing charges. In one deposition, a former activities assistant testified he hit her and twice pushed her into a bathroom while announcing, "I want to have sex with you." When she reported him to a senior Genesis manager, she said in the deposition, the manager put his finger over his lips and said, "Shhh."

The activities worker testified that R.S. used to happily sing along with Elvis Presley songs. After the assault, the worker said, R.S. "don't sing anymore."

Inspectors cited the home for failing to protect R.S. The same report said the home didn't provide a therapist for another female resident who was being sexually harassed. Medicare fined Sandia Ridge Center $91,247. Genesis denied liability but settled R.S.' lawsuit for $925,000 in May, according to the bankruptcy claim.

"We just felt we have to hold them accountable," R.S.' daughter said in an interview, speaking on the condition that she and her mother not be identified, because of the nature of the assault. "Maybe I'm wrong, maybe I'm naive, but the only way to do that is to sue someone, right?"

Genesis has not paid any of the settlement, according to the family's claim filing.

GROWTH AND DEBT

Genesis' downfall can be traced to 2007, when affiliates of two private equity firms acquired the company in a $1.5 billion leveraged buyout, taking on substantial debt, according to its bankruptcy filing. Private equity also has been involved in other health care bankruptcies, including those of the HCR ManorCare nursing home chain, the prison health care contractor Corizon Health, and two for-profit hospital systems, Steward Health Care and Prospect Medical Holdings.

In 2011, Genesis raised $2.4 billion by transferring substantially all its nursing home buildings and other real estate to Welltower, a publicly traded real estate investment trust, according to Genesis' bankruptcy filing. Genesis then rented the buildings back from Welltower, which made leasing costs a significant expense.

Genesis went on a nationwide buying spree. At its peak in 2016, it had grown to more than 500 nursing homes. In a court declaration, Louis Robichaux IV, a consultant overseeing Genesis' bankruptcy restructuring, wrote that as the company expanded, it became harder to manage and "mired in corporate inefficiencies." Robichaux wrote that Genesis' financial woes were exacerbated by rapidly increasing labor costs and lawsuits, including some predating the covid pandemic.

Starting in 2021, Genesis avoided bankruptcy after receiving $100 million in loans from a private equity firm founded by Joel Landau, the owner of a Brooklyn-based nursing home chain, according to Robichaux's filing.

But Genesis continued to teeter on the edge of insolvency. In audited financial statements for 2022 and 2023 submitted to a California oversight agency, management and auditors said rent and debt obligations raised "substantial doubt about the company's ability to continue as a going concern."

In a court filing, a committee appointed by the U.S. Trustee's Office to represent the unsecured creditors in the bankruptcy accused Landau and Welltower of orchestrating a covert plan that allowed Welltower to keep getting its rents while Landau could run the company and "siphon value to himself." The committee alleged their efforts forced the company into insolvency while "staffing levels and patient care declined precipitously." Landau and Welltower did not respond to requests for comment.

DRAWN-OUT LAWSUITS

Erin Pearson sued Genesis over the death of her father, James Sanderson, a retired mining company executive who died in 2018 after spending less than a month at Bear Canyon Rehabilitation Center in Albuquerque. In the memory care unit, Sanderson fell repeatedly, suffered medication errors made by nursing home staff, and developed a bowel obstruction and sepsis, according to the lawsuit, filed in 2019. Pearson's lawyers said he was not hospitalized until eight days after nurses noticed he was vomiting brown mucus.

After the judge rejected Genesis' request to force Pearson into arbitration, Genesis appealed. It took 2½ years before an appeals court affirmed the original decision to let the case go forward in court, records show.

This past May, more than five years after suing, Pearson reached a $500,000 settlement, with the first payment required by November, according to a copy of the agreement. Nothing was paid, according to the bankruptcy claim.

"It was so drawn out and for so long," Pearson said in an interview, calling Genesis' bankruptcy "despicable."

PAYOUTS POSTPONED

Jennifer Foote, an Albuquerque attorney who represents clients in multiple lawsuits against Genesis, including Pearson's, said the company frequently filed appeals. "They did not usually win them on these issues," she said, "and our sense was that they were doing it as a delay tactic."

Genesis started using installment payments around 2018, said Dusti Harvey, Foote's law partner. "The payments wouldn't start for several months out," Harvey said. Foote said Genesis' lawyers often wanted to time the payments to start the month the trial in the case was scheduled to occur.

Families had to wait even when comparatively small amounts of money were involved, settlement agreements show. Genesis' settlement agreements also included a confidentiality clause prohibiting discussion of the incidents.

Genesis agreed to pay $42,000 in a November 2024 settlement, but the first payment was not due until nine months later. It was not paid, according to the bankruptcy claim.

A $250,000 settlement signed in October 2023 did not start paying out until the following September. When Genesis declared bankruptcy -- 21 months after the case was resolved -- it still owed $100,000, according to the family's claim.

'WE NEVER FOUND OUT THE TRUTH'

Settling cases allowed Genesis to avoid the expense and publicity of a trial, at which details of how its nursing homes functioned might have been revealed. In October 2020, Margarett Johnson, a retired school bus driver, fell out of her wheelchair at a Genesis nursing home in Waldorf, Maryland, fracturing her jawbone, nose, and neck, according to a lawsuit brought by her family. Johnson was sent to a trauma center and placed on a ventilator. She died three months later, at age 76, from ventilator-associated pneumonia, the lawsuit said.

"It looked like she was hit by a truck," Angelina Harley, one of her daughters, said in an interview. "I knew my mom was not going to come home. I knew the Lord was not going to punish her more."

The company denied negligence and blamed the accident on Johnson's jacket getting tangled in the wheel of her wheelchair, according to the lawsuit. Harley and her sister Angela Swann were dubious.

"We never found out the truth," Harley said. "They wanted to settle out of court." 

The company denied liability but agreed to a $950,000 settlement in October 2024. It never paid the final $112,500 installment, according to a letter Johnson's five children sent to the bankruptcy judge.

"If you settle out of court, you know doggone well you did something wrong," Harley said.

MADDENING JUDGES

By summer 2025, judges in some civil cases had run out of patience.

Alma Brown, a retired day care manager and accordion teacher living in a Genesis nursing home in Clovis, New Mexico, suffered falls, infections, bedsores, and other neglect that hastened her death in 2023, according to her estate's lawsuit. In Santa Fe District Court, Judge Kathleen McGarry Ellenwood castigated Genesis after it failed to pay $2 million of the $3 million settlement to Brown's estate or explain the delay.

Genesis "obviously benefited by not having to go to trial," McGarry Ellenwood said in one hearing, according to a court transcript. "They assure me that they're not trying to renege on their contract, but it certainly seems like they haven't lived up to what the bargain was."

Genesis declared bankruptcy the day McGarry Ellenwood announced she would impose more than $100,000 in fines, plus $10,000 more each day until the settlement was paid.

In Pennsylvania, Greg Hunt petitioned a judge to punish Genesis after it stopped payments of the $3.5 million settlement after the death of his mother, Nancy, the resident with the gangrenous foot. She had spent eight months in 2019 at Brandywine Hall, a Genesis facility in West Chester that was later sold and renamed.

In a filing with the Common Pleas Court of Montgomery County, Genesis admitted it was in arrears but asked the judge for more time, citing "unforeseen and exigent financial challenges." Genesis said care for patients at its nursing homes would suffer if it had to pay immediately.

Unswayed, Judge Richard Haaz in June ordered Genesis to pay up, along with punitive interest. But the bankruptcy court stayed that order. Genesis still owes $1.4 million of the $2 million it was supposed to pay, according to Hunt's claim. (The rest of the $3.5 million settlement is supposed to be paid by an insurer in January 2026.) Ian Norris, Hunt's lawyer, declined to comment, citing confidentiality provisions in the settlement.

Court records indicate Genesis lawyers never disclosed in either case that it was preparing to declare bankruptcy.

'BANKRUPTCY AS A TOOL'

In the first nine months of 2025, 10 other senior living companies with liabilities over $10 million entered Chapter 11 bankruptcy, according to Gibbins Advisors, a consulting firm.

Hamid Rafatjoo, a bankruptcy lawyer representing nursing homes who is not involved in the Genesis bankruptcy case, said filings may increase as the industry has become costlier to run and class action lawsuits have become a fixture.

"Nursing homes get sued all the time for everything," Rafatjoo said. "A lot of operators wait too long to use bankruptcy as a tool."

On Dec. 1, Genesis announced the results of its auction, saying it had elected to sell its assets to a private equity firm controlled by Landau. In a court filing, Anthony, the attorney for the personal injury claimants, alleged the auction was stacked in Landau's favor despite an "objectively better and higher competing bid" from another private equity investor that would have provided more money to creditors. Genesis said in its statement that Landau's group had increased its bid during the auction.

Sen. Elizabeth Warren, D-Mass., and two other senators last month asked the U.S. Trustee's Office to intervene in the case, out of concern that "individuals who already own or control Genesis are trying to sell it to themselves, wiping away legal and other creditor debts in the process." Lawyers representing those in charge of the auction did not respond to a request for comment.

Families of former Genesis residents said they fear the capacity to purge lawsuits through bankruptcy emboldens nursing home owners who provide deficient care.

"They can file bankruptcy again," said Gabe Betancourt, whose wife, Nellie, died after her stay at Uptown Rehabilitation Center in Albuquerque. "And we're the ones that will pay for it, with our memories, our lives."

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How delays and bankruptcy let a nursing home chain avoid paying settlements for injuries and deaths

It’s a Holiday Miracle- Bipartisan Bills in Both Houses of Congress to Protect Older Adults

by: Shana Siegel, Norris McLaughlin P.A.

Scams targeting Americans aged 60 and up reported to the U.S. Federal Trade Commission (“FTC”) in 2024 reached $2.4 billion, well in excess of the previous year’s reports of $1.9 billion, according to the annual study published by the FTC on Dec. 1, 2025. And older Americans are less likely to report fraud -- Keith B. Anderson, former economist in the FTC, noted that as few as 3% of victims actually report fraud to a government entity. Therefore, the FTC estimates $61.5 billion as a more realistic measure of the value stolen from senior adults. FBI data shows the average amount lost by older adults in 2024 was over $83,000. Seniors are uniquely vulnerable to scams due to factors including isolation, loneliness, and reduction in processing speed. Those with cognitive impairment, even if mild, are even more at risk.

Two bills, the STOP Scams Against Seniors Act and the National Strategy for Combating Scams Act have been introduced with the goal of coordinating the federal response to scams and improving the cooperation among the state and federal authorities. The latter bill works as an organizational restructuring “to streamline cooperation among the many federal agencies responsible for addressing different forms of fraud.”

The Senate legislation would establish a federal working group led by the FBI to coordinate the efforts of more than a dozen federal agencies in combating scams. The house bill would authorize the creation of Elder Justice Task Forces to help local, state, and federal agencies work together to investigate and prosecute illegal scammers. The legislation encourages better use of technology, expanded data collection, and stronger partnerships with banks, tech companies, and law enforcement to help prevent scams and support victims.

The National Academy of Elder Law Attorneys (NAELA) is just one of the advocacy groups supporting the bills. Scams are one of many forms of elder exploitation. Elder lawyers work to prevent and halt financial exploitation of older adults. We can also help recover lost funds in some instances. You can view my video podcast to learn more about how to protect against elder exploitation. 

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It’s a Holiday Miracle- Bipartisan Bills in Both Houses of Congress to Protect Older Adults 

Warrant issued for woman accused of exploiting 85-year-old Tulsa County man

by Laqunta Dixon

TULSA, OKLA. (KTUL) — A warrant has been issued for a woman already jailed in connection with an investigation into the financial exploitation of an elderly Tulsa County man, according to the Tulsa County Sheriff’s Office.

Investigators said Monica Sutter-Winningham, 55, violated a protective order by contacting the 85-year-old victim in the case.

Authorities confirmed the warrant was issued after that contact was discovered.

Sutter-Winningham was previously arrested in July on allegations of financially exploiting the victim. She remains in jail on unrelated charges.

The sheriff’s office said Sutter-Winningham, along with her son Christopher Seth Sutter, 35, and James Everrett Simpson, 39, were arrested as part of the broader investigation.

All three face charges of abuse, exploitation or neglect of a vulnerable adult.

According to investigators, the victim met Sutter-Winningham at a Tulsa-area casino after his wife died in 2024.

Authorities allege she and the other suspects befriended the man and later took at least $125,000 from him. 

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Warrant issued for woman accused of exploiting 85-year-old Tulsa County man