A Linwood-based company meant to help senior citizens with their finances instead was helping to steal from them, the owner admitted Tuesday.
Jan Van Holt, 59, pleaded guilty to first-degree money laundering in the scheme that included her sister and a Northfield attorney who specialized in elder law.
Under the plea agreement, she faces a 12-year sentence with 5½ years of parole ineligibility. She also will need to make restitution for a not-yet-determined amount.
Her 60-year-old sister, Sondra Steen, also of Linwood, previously pleaded guilty to the same charge and was sentenced to 10 years in prison. She must serve 4½ years before she is eligible for parole.
Northfield attorney Barbara Lieberman was the first to plead guilty in the case. She forfeited $3 million in assets and lost her law license as a result. She was sentenced to 10 years in prison with 3½ years without parole.
The group stole more than $2.7 million from 12 elderly clients from January 2003 through December 2012.
Another co-defendant, 58-year-old Linwood resident William Price, admitted to stealing $125,000 from a couple he met while working as a caseworker for Atlantic County Adult Protective Services. He received a five-year prison sentence.
Charges are pending against Susan Hamlett, 56, of Egg Harbor Township. She worked as an aide for clients of Van Holt’s company, A Better Choice.
“Van Holt and her sister conspired with an attorney to systematically siphon away the assets of elderly clients, who typically had no family to look after them and trusted their caregivers to treat them honestly,” acting Attorney General Robert Lougy said. “The treatment these vulnerable victims received was anything but honest; it was devious and heartless.”
A fundamental duty of law enforcement is to protect society’s most vulnerable from exploitation, said Elie Honig, director of the state Division of Criminal Justice.
“We rightfully reserve some of the harshest penalties for those who prey on children and the elderly,” he said. “In this case, we have secured prison sentences of 10 years or more for the three women at the heart of this scheme.”
State Police Superintendent Col. Rick Fuentes called the crimes “insidious and callous.”
Van Holt was a a case worker for Atlantic County Adult Protective Services from 2002 through December 2007, when she was terminated. She used that job to recruit five of the group’s victims.
Van Holt generally was the one to identify potential clients, approaching them to offer the services of A Better Choice and Lieberman.
Once a target accepted Van Holt’s offer of services, Steen usually would be put in place as the victim’s primary caregiver. Lieberman would then be brought in to do legal work, preparing powers of attorney and wills for the clients.
Van Holt and Steen — who lived together — used the money they stole for expenses, including veterinary bills, pool supplies, two Mercedeses and to lease a Florida condominium.
A portion went to the victims’ expenses to help hide the thefts.
If the victim owned stocks or bonds, they were cashed out and the funds deposited into the account allegedly controlled by the defendants. Lieberman would usually name herself or Van Holt as executor when she prepared the victims’ wills, with Steen as beneficiary.
The investigation began after the New Jersey Office of the Public Guardian referred a case involving one of the victims to the State Police.
Van Holt is scheduled for sentencing May 13 before Superior Court Judge Bernard DeLury in Mays Landing.
TRENTON – Acting Attorney General John J. Hoffman announced that a woman was sentenced to prison today for participating in a scheme with her sister and a lawyer to steal millions of dollars from elderly clients of an in-home senior care company in Atlantic County.
Sondra Steen, 60, of Linwood, was sentenced to 10 years in state prison, including 4 ½ years of parole ineligibility, by Superior Court Judge Bernard E. DeLury Jr. in Atlantic County. She pleaded guilty on Feb. 8 to first-degree money laundering. Steen is jointly and severally liable for full restitution in an amount to be determined.
Steen was charged in an investigation by the New Jersey State Police and the Division of Criminal Justice. Deputy Attorney General Yvonne G. Maher is prosecuting the defendants and took the guilty plea for the Division of Criminal Justice Specialized Crimes Bureau. Detective Richard Wheeler led the investigation for the New Jersey State Police Financial Crimes Unit.
Steen was indicted on March 16, 2015 along with her sister Jan Van Holt, 59, of Linwood, owner of A Better Choice, a company that offered elderly clients in-home care and legal financial planning; Susan Hamlett, 56, of Egg Harbor Township, who worked as an aide for company clients; and William Price, 57, of Linwood, who has since pleaded guilty to taking part in the scheme and stealing $125,000 from an elderly couple he met as a caseworker for Atlantic County Adult Protective Services. Price was sentenced in October to five years in state prison.
Van Holt and Steen were charged with conspiring with Barbara Lieberman, 63, of Northfield, a lawyer who specialized in elder law, to steal over $2.7 million from 12 elderly clients from January 2003 through December 2012. Lieberman pleaded guilty to money laundering and was sentenced to 10 years in prison, including 3 ½ years of parole ineligibility. Lieberman forfeited $3 million in assets as well as her law license. The charges against Van Holt and Hamlett are pending.
In pleading guilty, Steen admitted that she assisted her sister and Lieberman in carrying out the scheme to steal from clients of A Better Choice and Lieberman.
“Steen used the stolen life savings of elderly clients to pay for her own luxuries, such as pet care, pool supplies and a vacation condo,” said Acting Attorney General Hoffman. “Her predatory and conscienceless behavior has earned her a lengthy prison sentence.”
“Steen and her co-defendants coldly exploited the infirmity of their elderly clients, betraying their trust and siphoning away assets that took a lifetime to accumulate,” said Director Elie Honig. “This case is especially egregious because of the sums involved and because the victims represent some of the most vulnerable members of our society. We’ll continue to make prosecuting elder fraud a priority.”
“The business Steen helped run, ‘A Better Choice,’ was meant to help the elderly with in-home care and finances, but ironically she made a series of despicable choices by choosing to steal the life savings and assets of clients for her own indulgences,” said Colonel Rick Fuentes, Superintendent of the New Jersey State Police. “This substantial sentence is the result of the great work of State Police detectives and our partners at the Attorney General's Office.”
Van Holt worked as a case worker for Atlantic County Adult Protective Services from 2002 through December 2007, when she was terminated. Five of the 12 alleged victims targeted by Van Holt, Steen and Lieberman were recruited as clients after they came into contact with Van Holt through her official public position as a case worker.
It is alleged that Van Holt generally was the one to identify potential clients, approaching them to offer the services of A Better Choice and Lieberman. The defendants allegedly targeted elderly clients with substantial assets who typically did not have any immediate family, offering them non-medical care and services, including household chores, errands, driving clients to appointments, scheduling, budgeting, paying bills, balancing checkbooks, and other tasks. They did not provide healthcare services.
Once a target accepted Van Holt’s offer of services, Steen usually would be put in place as the victim’s primary caregiver. Lieberman would then be brought in to do legal work, preparing powers of attorney and wills for the clients. Lieberman was a leading specialist in elder law in Atlantic County who gave seminars to senior citizens on end of life affairs, wills and living wills.
The defendants allegedly took control of the finances of their victims by forging a power of attorney or obtaining one on false pretenses. The defendants then added their names to the victims’ bank accounts or transferred the victims’ funds into new accounts they controlled. Thereafter, the defendants allegedly stole from the accounts to pay their own expenses, including, for Van Holt and Steen – who lived together – veterinary bills for their pets, pool supplies, two Mercedes cars owned by Van Holt, and lease payments on a Florida condo.
A portion of the money was used to fund the victim’s expenses to keep the victim unaware of the thefts. In some cases, money from one victim would be transferred to another victim to pay expenses and cover up the thefts. If the victim owned stocks or bonds, they were cashed out and the funds were deposited into the account allegedly controlled by the defendants. When Lieberman prepared wills for the victims, she typically named herself or Van Holt as executor of the estate and named Steen as a beneficiary, or named other beneficiaries who had little or no ties to the victim and never actually received anything from the estate. The defendants allegedly relied on fraud, manipulation or forgery in the execution of the wills. In this manner, they allegedly continued to steal from the victims’ estates after they died.
The investigation began after the New Jersey Office of the Public Guardian referred a case involving one of the victims to the State Police. In addition to the first-degree conspiracy and money laundering charges against Van Holt, she is charged along with Hamlett with second-degree counts of conspiracy, money laundering and theft. The charges are merely accusations and the remaining defendants are presumed innocent until proven guilty.
Deputy Attorney General Derek Miller is handling the state’s forfeiture action. Acting Attorney General Hoffman thanked the New Jersey Office of the Public Guardian for its referral.
TRENTON – Acting Attorney General John J. Hoffman announced that a woman pleaded guilty today to participating in a scheme with her sister and a lawyer to steal millions of dollars from elderly clients of an in-home senior care company in Atlantic County. The company was owned by the sister.
Sondra Steen, 60, of Linwood, pleaded guilty today to first-degree money laundering before Superior Court Judge Bernard E. DeLury Jr. in Atlantic County. Under the plea agreement, the state will recommend that Steen be sentenced to 10 years in state prison, including 4 ½ years of parole ineligibility. She will be jointly and severally liable for full restitution in an amount to be determined. Judge DeLury scheduled sentencing for Steen for March 4.
Steen was charged in an investigation by the New Jersey State Police and the Division of Criminal Justice. Deputy Attorney General Yvonne G. Maher is prosecuting the defendants and took the guilty plea for the Division of Criminal Justice Specialized Crimes Bureau. Detective Richard Wheeler led the investigation for the New Jersey State Police Financial Crimes Unit.
Steen was indicted on March 16, 2015 along with her sister Jan Van Holt, 59, of Linwood, owner of A Better Choice, a company that offered elderly clients in-home care and legal financial planning; Susan Hamlett, 56, of Egg Harbor Township, who worked as an aide for company clients; and William Price, 57, of Linwood, who has since pleaded guilty to taking part in the scheme and stealing $125,000 from an elderly couple he met as a caseworker for Atlantic County Adult Protective Services. Van Holt and Steen were charged with conspiring with Barbara Lieberman, 63, of Northfield, a lawyer who specialized in elder law, to steal over $2.7 million from 12 elderly clients from January 2003 through December 2012. Lieberman pleaded guilty to money laundering and was sentenced on March 25, 2015 to 10 years in prison, including 3 ½ years of parole ineligibility. Lieberman forfeited $3 million in assets as well as her law license. The charges against Van Holt and Hamlett are pending.
In pleading guilty, Steen admitted that she assisted her sister and Lieberman in carrying out the scheme to steal from clients of A Better Choice and Lieberman.
Van Holt worked as a case worker for Atlantic County Adult Protective Services from 2002 through December 2007, when she was terminated. Five of the 12 alleged victims targeted by Van Holt, Steen and Lieberman were recruited as clients after they came into contact with Van Holt through her official public position as a case worker.
It is alleged that Van Holt generally was the one to identify potential clients, approaching them to offer the services of A Better Choice and Lieberman. The defendants allegedly targeted elderly clients with substantial assets who typically did not have any immediate family, offering them non-medical care and services, including household chores, errands, driving clients to appointments, scheduling, budgeting, paying bills, balancing checkbooks, and other tasks. They did not provide healthcare services.
Once a target accepted Van Holt’s offer of services, Steen usually would be put in place as the victim’s primary caregiver. Lieberman would then be brought in to do legal work, preparing powers of attorney and wills for the clients. Lieberman was a leading specialist in elder law in Atlantic County who gave seminars to senior citizens on end of life affairs, wills and living wills.
The defendants allegedly took control of the finances of their victims by forging a power of attorney or obtaining one on false pretenses. The defendants then added their names to the victims’ bank accounts or transferred the victims’ funds into new accounts they controlled. Thereafter, the defendants allegedly stole from the accounts to pay their own expenses, including, for Van Holt and Steen – who lived together – veterinary bills for their pets, pool supplies, two Mercedes cars owned by Van Holt, and lease payments on a Florida condo.
A portion of the money was used to fund the victim’s expenses to keep the victim unaware of the thefts. In some cases, money from one victim would be transferred to another victim to pay expenses and cover up the thefts. If the victim owned stocks or bonds, they were cashed out and the funds were deposited into the account allegedly controlled by the defendants. When Lieberman prepared wills for the victims, she typically named herself or Van Holt as executor of the estate and named Steen as a beneficiary, or named other beneficiaries who had little or no ties to the victim and never actually received anything from the estate. The defendants allegedly relied on fraud, manipulation or forgery in the execution of the wills. In this manner, they allegedly continued to steal from the victims’ estates after they died.
The investigation began after the New Jersey Office of the Public Guardian referred a case involving one of the victims to the State Police. In addition to the first-degree conspiracy and money laundering charges against Van Holt, she is charged along with Hamlett with second-degree counts of conspiracy, money laundering and theft. The charges are merely accusations and the remaining defendants are presumed innocent until proven guilty.
Deputy Attorney General Derek Miller is handling the state’s forfeiture action. Acting Attorney General Hoffman thanked the New Jersey Office of the Public Guardian for its referral.
William Price was supposed to be helping older people as a caseworker for Atlantic County Adult Protective Services.
But on Friday, the Linwood man
was sentenced to five years in prison for stealing $125,000 from an
elderly couple he met through his job. He now must repay that money.
Price, 57, was part of a scheme
to bilk the elderly, allegedly led by attorney Barbara Lieberman and Jan
Van Holt, the owner of a business that offered in-home care and legal
financial planning for the elderly.
Lieberman, who is currently serving a 10-year prison sentence, allegedly stole more than $800,000 from the same couple.
Price pleaded guilty in July to
second-degree theft by deception, and Superior Court Judge Bernard
DeLury sentenced him under that agreement.
Price admitted he met the unnamed
couple in 2006 through his job with the county. He then befriended them
and recruited them as clients for the alleged members of the scheme.
“We’re supposed to respect and
care for our elders with the utmost dignity and humanity, but Price
callously preyed on this couple, betraying their trust, his duties as a
social worker and every standard of decency,” said acting Attorney
General John Hoffman. “This prison sentence sends a strong message that
this type of abuse of the vulnerable, especially when committed by
someone responsible for their care, will be met with harsh punishment.”
Division of Criminal Justice Director Elie Honig said con artists frequently target the elderly.
“What makes this case so
appalling is that the man who initially targeted the victims for fraud
was a caseworker for Adult Protective Services who used that position to
secure the trust of his victims,” Honig said.
“This sentence should serve a
strong message to the remaining individuals who were charged along with
Price and anyone else who would contemplate similar abuses against the
elderly,” said Col. Rick Fuentes, State Police superintendent.
A man tasked with helping an elderly couple instead used their trust
to drain their savings as part of a multi-million dollar fraud scheme.
William
Price admitted he stole $125,000 from one elderly couple he met as a
caseworker for Atlantic County Adult Protective Services, according to
the office of acting Attorney General John J. Hoffman.
Price was indicted with five other people accused of defrauding more than a dozen clients of $3.8 million.
The
57-year-old Linwood man pleaded guilty Friday to second-degree theft by
deception, according to a release from Hoffman’s office. Under Price’s
plea agreement, the state will recommend a sentence of five years in
prison, and Price will have to repay the $125,000 he stole. He’s
scheduled to be sentenced Sept. 18.
Price worked with Jan Van Holt
at Adult Protective Services where in 2006, he befriended the elderly
couple and recruited them as clients for Van Holt, Sondra Steen, and
Barbara Lieberman. The trio was accused with stealing more than $800,000
from the couple, the release said. Price received $125,000 of the
stolen money.
“Price callously betrayed the trust and friendship
of an elderly couple to enrich himself,” Hoffman said in the release.
“As a social worker, he should have been all about helping them, but
instead he set them up to have their savings stolen by him and his
co-defendants.” (Continue Reading)
Billions are stolen from the elderly and infirm across the country each year. Here's how to stop it
As
volunteers work through case files, looking for missing reports or red
flags pointing to possible improprieties, they're also entering
information into a new statewide database.
Until now, New Jersey
has never tracked guardianship cases. Some county surrogates don't even
know how many of their cases are still active.
Rabner believes the total number of active guardianships statewide may be in the tens of thousands, but no one is sure.
While prior experience with accounting or the courts is a plus, it's not required to join the program.
"To
be sure, we need to enlist (and) train yet more volunteers to be able
to continue and review these reports on a sustained basis," Rabner told
the conference attendees.
"But make no mistake, the very fact that
this program now exists in New Jersey will cause people to think twice
before they might even consider to take a step to take advantage of
those they've promised to help," he added.
Uekert, for one,
believes New Jersey is taking a practical approach. She spoke at the
elder abuse conference in Stockton and came away impressed by New
Jersey's commitment to do a better job policing guardians.
"Ideally
you would have a cadre of trained professionals (reviewing guardianship
case files) but the courts generally don't have the funds to have those
types of personnel," says Uekert, principal court research consultant
for the National Center for State Courts, based in Williamsburg,
Virginia.
"Volunteers," she believes, "would be better than nothing."
But at least one other expert is strongly opposed to the idea.
"It's just another way of trivializing the problem by saying, 'We can handle this with volunteers,' " says Minnesota law professor A. Kimberley Dayton.
"It's
about money, a lack of resources. Until that's fixed, none of this is
going to be fixed," she says. "It's just going to keep on going and
going."
In Atlantic County, where Lieberman was based, two
volunteer monitors have helped the county surrogate review more than 330
cases so far.
But by the time the volunteers began their work last year, the damage was already done.
Elder abuse cases like Barbara J. Lieberman's aren't supposed to happen in New Jersey.
The state has one of the strongest guardianship laws in the U.S.
On paper, that is.
New Jersey toughened the rules in 2006 after a scandal involving an Ocean County attorney, Gary S. Beninson.
A
Toms River resident with a law practice in Lakewood, Beninson, like
Lieberman, was a trusted attorney who regularly received guardianship
appointments from the court.
Secretly, though, he was stealing millions from dozens of incapacitated wards, authorities said.
Beninson
later admitted to taking $1.7 million and was sentenced to seven years
in state prison. He was released in 2005 after serving just over 10
months at a state work farm.
As a result of his case, New Jersey guardians aren't allowed to manage the affairs of more than five wards at one time.
In
addition, third-party guardians like Beninson are no longer common, as
they are in other states. Typically now, if there is no family member
able and willing to take on the responsibility of being the guardian,
judges will make the incapacitated person a ward of the state.
That
change has placed the agency responsible for their care, the New Jersey
Office of the Public Guardian for Elderly Adults, under increasing
strain.
In just the past two years, its caseload has soared 40
percent, to about 1,550 wards. Meanwhile, the agency's annual budget
hasn't increased. It's remained at $1.3 million for nearly five years.
A 2013 state audit faulted the agency for its "archaic" accounting system and sloppy record keeping.
Among
other problems, a storage room where clients' coins, jewelry and other
valuables were kept was in disarray, confidential files were stacked in
the hallways, and the estates of two clients who had died in 2007 and
2008, totaling $130,000 in assets, had yet to be dispersed to heirs.
State
Auditor Stephen M. Eells referred one unspecified finding, related to
"questionable" professional services, to the state Division of Criminal
Justice for further investigation. No further information is available
on that issue, Eells says.
The agency told the auditor that it has corrected these problems.
Acting Public Guardian Helen C. Dodick declined, through a spokeswoman, an interview request from the Asbury Park Press.
Most
private guardians are required to submit status updates and financial
reports, but many county surrogate offices — which oversee guardianship
cases — simply don't have the manpower to make sure they do, let alone
scrutinize the reports that are filed. Since the Beninson scandal, both
Monmouth and Ocean counties have hired full-time accountants to keep
abreast of the paperwork.
In New Jersey, however, guardianship cases are shrouded in secrecy.
The
state's laws shield guardianship financial documents from public
scrutiny. The identities of incapacitated individuals and their
guardians are kept confidential, even from family members in some cases.
Minnesota has taken a different approach.
The
state makes all guardianship documents public. In recent years, it also
has created a statewide database to keep tabs on guardians, and in a
further bid for transparency, it has given anyone the right to call for
an accounting of someone holding a power of attorney.
Yet A. Kimberley Dayton, a Minnesota law professor, says guardianship abuses are still rampant in the state.
The reason? The laws simply aren't being enforced, she says.
One
of the perpetrators was an appellate court judge who admitted to
stealing approximately $300,000 from a trust fund he oversaw for a
friend's incapacitated adult daughter.
"They
keep holding up Minnesota as a model of post-guardianship monitoring.
And I know what's going on," says Dayton, one of the country's leading
experts on guardianship abuse and crimes against the elderly.
"I just don't think any state is doing a good job," she says.
Lieberman
avoided a trial by pleading guilty to one count of money laundering.
She also agreed to pay $3 million in restitution, surrender her law
license, and to testify against her co-defendants, if necessary.
On
March 25, the day of her sentencing, Lieberman, 63, returned to the
same courthouse where she built her reputation as a bright, trustworthy
attorney.
Barbara Lieberman at her sentencing for laundering almost $4 million, stolen from elderly victims.
This time she wore handcuffs and an orange inmate jumpsuit.
In
brief remarks delivered with a steady voice, she thanked and apologized
to her family, and spoke of the support she's received from her
minister.
"He tells me that God has forgiven me," Lieberman said.
"I appreciate that intellectually, but in truth, in my heart, I can't
forgive myself."
Lieberman
called her conduct "indefensible." Yet she said nothing specific about
what she'd done, let alone why she'd done it, and made only an oblique
reference to her victims.
"I'm just grateful that I can make them whole for the pain that I know I have caused them," Lieberman said.
She
failed to mention that 14 of her 16 victims are dead. Or that the bulk
of her restitution money could wind up in the New Jersey treasury.
So far, relatives of only two of the deceased victims have come
forward.Together, those relatives will receive about $574,000 of the
funds, a court document shows.
If no one else claims the remaining $2.5 million within two years, that money will be forfeited to the state.
State Superior Court Judge Michael A. Donio sentenced Lieberman to 10 years in state prison. She must serve 31/2years before becoming eligible for parole.
In scathing comments from the bench, Donio compared her crimes to child abuse.
"Some
people will say there's nothing worse than taking advantage of a small
child; nothing worse than a sexual predator who lays and waits for a
small child to molest," Donio said.
The judge at Barbara Lieberman's sentencing expressed his disgust with her crimes.
"A good
argument can be made that what was done to these elderly victims who
were in assisted living or nursing facilities, unable to care for their
physical or mental well-being and were preyed upon by this lawyer and
allegedly by her team of co-conspirators is just as bad. I agree," he
said.
"(The exploitation of) elderly people who worked and saved
their whole life to end up ... broke because of this greed should be met
with the swift sword of justice."
This was no momentary lapse of
judgment, Donio noted, but a "continuous course of illegal activity"
that spanned a decade, at least.
"Are there other victims? Did it occur over greater than 10 years?" the judge asked.
Thoroughly
outmatched, their legal fight to free Barbara Martin's aunt, Helen Hugo,
from the grip of what they believed to be an unwarranted guardianship
in 2012 ended in a humiliating defeat.
Not only was Hugo, then 81,
declared mentally incapacitated, but the last of her retirement savings
was awarded to the attorneys who represented her. Among them was her
court-appointed temporary guardian, Barbara J. Lieberman.
The court left her broke.
The
Martins say they only wanted what was best for Hugo. Never married, she
lived by herself with her cat, Sweetie Pie, in an apartment in Buena,
Atlantic County.
The Martins' bid to help Hugo backfired
miserably, however. Accused by Lieberman and others of a host of illegal
acts, including Medicaid fraud and forgery, they wound up under a cloud
of suspicion.
It still hovers over them today, three years after the trial.
The
Martins' loss was Lieberman's gain. By discrediting them, she protected
herself. Because, despite all their flaws, the Martins had been right
on one crucial point:
Lieberman was stealing from some of her elderly clients.
Her secret still safe, Lieberman was free to continue her deception.
If not for an alleged accomplice's pangs of conscience, she might be doing it still.
There are fundamental flaws within the structure of guardianship.
As a child, Linda Carestia loved visiting her "Auntie Irma's" toy shop on her visits to the Jersey Shore.
Her
aunt — really a much older cousin — let her pick any toy she wanted,
provided it wasn't too big for her to lug home on the train back to
Massachusetts.
Along with the sweet taste of salt water taffy and
the deep-fried aromas along Atlantic City's famed boardwalk, those toys
made Schwarzberg's adopted home seem like a magical place. It was easy
to see why Schwarzberg, whom Carestia describes as a feisty, "spark
plug" of a woman, left Massachusetts and settled in Ventnor.
Decades later, though, when the two reconnected following the death of Schwarzberg's brother in 2009, the magic was gone.
By then, Schwarzberg, long divorced, lived by herself in a neglected house just blocks from the beach.
Watching over Schwarzberg was a group of women Carestia didn't know.
One
was Lieberman, Schwarzberg's attorney; the others were Jan Van Holt,
her sister Sondra Steen, and Schwarzberg's home health aide, Susan
Hamlett, Carestia and authorities say.
Van Holt, Steen and Schwarzberg have not yet pleaded to the charges against them and are presumed innocent.
Jan Van Holt is charged with stealing money from elderly clients she dealt with through her business, A Better Choice.
Van
Holt formerly worked as a caseworker for Atlantic County Adult
Protective Services, the same agency that initiated Helen Hugo's
guardianship in 2011.
In her county job, Van Holt crossed paths
with Lieberman, one of a handful of private attorneys regularly assigned
by the court to represent elderly clients in guardianship and estate
cases in Atlantic County.
A hard-featured woman in her fifties
with chopped blonde hair, Van Holt later sued the county,
unsuccessfully, claiming it failed to stop a co-worker from sexually
harassing her.
Van Holt stopped working for the county in 2006 and
started her own business, A Better Choice. The company offered senior
citizens a variety of in-home services, including running errands,
scheduling medical appointments, and paying bills.
The Van Holt
Carestia knew cultivated the look and lifestyle of a successful
entrepreneur. She wore designer clothes and stylish scarves, and rolled
up to her clients' homes behind the wheel of a shiny Mercedes, her toy
dogs in tow.
"Fancy cars and fluffy puppies" is what Carestia remembers most about her.
She
also recalls Van Holt's excitement about a condominium she'd recently
bought. Carestia says Van Holt even invited her and her husband, John,
down for a visit to the posh island off Florida's Gulf Coast.
"YEAH GONNA OWN A HOUSE ON SANIBEL ISLAND.....LIFE IS GOOD," reads a post on Van Holt's Facebook page, dated Jan. 18, 2011
Years
earlier, on Jan. 5, 2005, Van Holt's sister, Steen, obtained a power of
attorney from Schwarzberg when she was 87, according to a record on
file with the Atlantic County Clerk's Office.
A little over a year
later, Steen obtained a reverse mortgage for $405,000 on Schwarzberg's
home, according to county clerk records. Such loans provide cash
payments based on the home's equity.
Carestia
says she knew none of this, but her suspicions were aroused when a
piece of jewelry Schwarzberg had showed during one of her visits later
disappeared.
One day, Carestia says, Van Holt called her with alarming news.
Schwarzberg herself was missing. Van Holt told her that Hamlett, the home health aide, had disappeared with her, Carestia says.
Carestia
says Hamlett had a falling out with Van Holt and brought Schwarzberg to
see an attorney, who notified authorities that Schwarzberg was likely
the victim of elder abuse, a chronology that a source has confirmed.
"We
had no idea what was going on. This became so big. The next thing I
know I'm getting calls from the state, and lawyers and judges," Carestia
says
Authorities later alleged that Lieberman, Van Holt, Steen and Hamlett had stolen $112,000 from Schwarzberg.
Frail
and unable to pay her bills, Schwarzberg ultimately moved to a nursing
home, where she died in 2013 after suffering a stroke, Carestia says.
She was 95.
"It's heartbreaking," Carestia says now. "There's a lot of guilt that we carry, but we didn't know.
Yet Helen Hugo, a soft-spoken, grandmotherly, 84-year-old "Wheel of Fortune" fan, is a prisoner of the state.
Its
laws and bureaucracy have forced the retired secretary into a nursing
home. Disposed of her antiques and other belongings. Separated her from
her cat, Sweetie Pie. Barred her closest relatives from visiting her,
and exhausted her life's savings to pay the legal fees of the attorneys
involved in her guardianship case.
In the court's eyes, Hugo is mentally incapacitated and requires a
state agency to serve as her guardian and manage her care and finances.
That's
what a judge ruled in 2012, after a five-day trial that Hugo didn't
attend, except for a private conversation with the judge. She spent all
of 33 minutes in the courtroom.
A sturdy, brown-eyed woman with
warm, silky hands and wavy hair that's still more brown than gray, Hugo
says the court ruling three years ago was "a lot of nonsense."
"Probably the people calling me nuts," she says, "are crazy themselves."
The
terms of her guardianship aren't so easily dismissed. As a ward of the
state, Hugo can't vote, write a check, receive her own mail, or make
decisions for herself. Inmates in New Jersey have greater legal
autonomy.
Helen Hugo, trapped by New Jersey's guardianship laws, was declared incapacitated and left broke by the court system.
Hugo has lived under those restrictions since the day she first met Barbara J. Lieberman.
An
esteemed elder law attorney and respected member of the New Jersey bar,
Lieberman, 63, served as Hugo's court-appointed temporary guardian
prior to Hugo's capacity trial.
Attorney Barbara Lieberman in Superior Court in Atlantic County earlier this year. (Photo: Staff photo/Bob Bielk)
At
the same time, Lieberman was leading a double life as a thief. Using
her legal skills and her status as a trusted insider, she stole millions
of dollars in other cases involving 16 seniors in their eighties and
nineties.
Among them was the 85-year-old widow of the former head of the Ocean County Police Academy in Lakewood.
Lieberman
moved some into nursing homes and sold their homes. With several, she
manipulated their wills so she could keep stealing from them even after
they died, authorities have said.
More than a year after
Lieberman's crimes came to light, Hugo, who never married and was living
alone prior to her guardianship, is still fighting to be free again, to
go where she wants, when she wants, even to be reunited with her
beloved Sweetie Pie.
Like
tens of thousands of elderly New Jerseyans, and at least 1.5 million
Americans, she's consigned to a guardianship system that's shrouded in
secrecy, tangled in red tape, and rife with corrupting temptation.
Across
the U.S., the vast majority of court-appointed guardians do difficult,
honest work, providing a critical service for society's most vulnerable
citizens.
But there are some who have exploited a system with few checks and
balances, using the supreme authority the courts grant them over their
wards' lives to enrich themselves.
The lawbreakers have included family members, attorneys, professional guardians, even a high-ranking judge in Minnesota.
Guardianship investigations in New Jersey and other states.
Corrupt guardians have stolen millions in New Jersey in recent years, and perhaps billions across the country.
No one knows for sure.
New Jersey's top judge says these crimes are "deeply troubling."
"There
are simply too many cases in which individuals who've been granted
authority, who've been granted responsibility, take advantage of the
very people that they have ...promised to assist," New Jersey Chief
Justice Stuart Rabner said June 15 at an elder abuse conference at
Stockton University in Galloway.
The crimes are easy to commit and
even easier to hide. Few courts across the country have the resources,
or will, to police the guardians they appoint.
State Supreme Court Chief Justice Stuart Rabner
At risk is the
biggest treasure chest of all: $30 trillion — yes, trillion — that
today's graying baby boomers have amassed in assets over the last 50 to
70 years. That's enough money to run the U.S. government for three
decades.
Why does all this matter to you? Because every cent
stolen is more money that the government will have to pony up through
Medicaid payments, and your tax dollars, to care for the elderly and
infirm admitted to nursing homes.
And the next victim could someday be your loved one — a parent, a brother or sister, an aunt or uncle.
Hugo's story shows just how convoluted and confounding guardianship cases can be.
Lieberman
hasn't been charged with any wrongdoing in her handling of Hugo's
affairs, and a New Jersey appellate court has affirmed the judge's
decision to strip Hugo of her legal rights.
Helen Hugo speaks about her life after a guardian took control.
Yet four different psychiatrists who have examined Hugo have said she
doesn't need to be in such a restrictive type of guardianship.
One even said she showed no signs of dementia.
On
her most recent cognitive test, earlier this year, Hugo scored 28 out
of a possible 30 points. A score of 23 or lower is considered a
indicator of cognitive impairment.
Nearly four years after being
diagnosed with "progressive cognitive decline," she's sharp enough to
hold a long conversation, critique President Barack Obama's leadership
skills, and discuss the legal process that led to her placement in a
county-owned nursing home, Meadowview Nursing and Rehabilitation Center,
in Northfield, Atlantic County.
"Did I need to be here? No," Hugo
told an Asbury Park Press reporter who visited her in the cramped room
she shares with another resident.
"Because my life was OK before. I used to go to the senior center. I had Meals on Wheels," she said.
The life she knew is a distant memory now. Outside the window by her
bed, a summer sunset splashed golden light and lengthening shadows
across the grass and trees.
Another day had passed her by.
"I miss my own stuff. I miss my cat. I miss being able to come and go, cook my own food. I just miss having a normal life.
"And this," Hugo said, looking around her disinfectant-scented surroundings, "is not what I consider a normal life."
PHILADELPHIA (CBS) — Two former Atlantic County employees pled not
guilty Tuesday morning to charges of conspiracy, money laundering and
theft.
Jan Van Holt, 58, and William Price, 57, both of Linwood, were
arraigned in Atlantic County for their alleged involvement in a 10
year-long conspiracy to steal seniors’ life savings.
Van Holt and Price are part of a group of six who investigators say
conspired to steal $3.8 million dollars from at least 16 victims.
Others indicted in the case include Van Holt’s sister, Sondra Steen,
59, of Linwood; and Susan Hamlett, 56, of Egg Harbor Township.
Dr. Maria Teresa Daclan, 53, of Galloway Township was indicted for allegedly lying to a detective to protect Van Holt.
The sixth person, Barbara Lieberman is already behind bars. She
previously pled guilty and agreed to forfeit $3 million in restitution
and testify against the others accused.
In March, Atlantic County Superior Court Judge Michael Donio called
Lieberman the “quarterback” of the ring of alleged scam artists and
sentenced her to ten years in prison.
Lieberman, of Northfield, was a court appointed guardian and leading specialist in elder law in Atlantic County.
Van Holt owned “A Better Choice,” a senior care company that offered
clients in-home services including “custom designed life care and legal
financial planning.”
Steen and Hamlett worked for Van Holt’s company.
Investigators say the group posed as trustworthy caregivers who took
control of the finances of their victims by forging a power of attorney
or obtaining one on false pretenses, adding their names to the victims’
bank accounts or transferring the victims’ funds into new accounts they
controlled.
Ultimately, investigators believe the group stole $3.8 million and
used the money to pay off six-digit credit card bills and buy things
like Lieberman’s new BMW and a luxury condo in Florida.
Investigators say Van Holt and Lieberman used their positions of trust within the county to identify their victims.
“Most of these people didn’t have the capacity to keep an eye on
their money and their assets so they were taken advantage of in that
way. They looked for people who were elderly and had assets,” said
Deputy Attorney General, Yvonne Maher who is handling the prosecution of
the defendants on behalf of the state’s Division of Criminal Justice.
Maher says Lieberman would recommend clients to Van Holt’s company and vice versa.
An investigation by New Jersey State Police and Division of Criminal
Justice has revealed at least 16 victims. With the exception of one, all
of the victims are dead.
If you suspect that you or a family member have been victimized you
can call the New Jersey Division of Criminal Justice’s tip line toll
free at 866-TIPS-4CJ.