A Montgomery County man is facing criminal charges after investigators discovered he was operating two unlicensed personal care homes out of residential houses where bedridden and disabled seniors were living without required fire safety equipment or state licensing.
A new report outlines how former professional guardian Traci Hudson failed to protect elderly people under her care.
A
year-long investigation by the Pinellas County Inspector General's
Office led to criminal charges and identified new concerns about how
Hudson treated her clients.
It's been almost two-and-a-half years since professional guardian Traci Hudson was arrested, accused of using a power of attorney agreement to take $541,000 from a 92-year-old man under her care.
Pinellas County Office of Inspector General
She is currently out of bond awaiting trial.
“She’s still walking the streets," advocate for people in
guardianship Hillary Hogue said. "She is still free to go. She has not
been held accountable.”
Hogue also served on the Florida Guardianship Improvement Task Force.
Investigators
allege Hudson used her ill-gotten gains to make payments on a 4,888
square-foot Riverview home, buy Tampa Bay Buccaneers tickets and go on
shopping sprees.
Investigators identify red flags leading to charges
“That
case that she’s charged with is a power of attorney case, so totally
different than our guardianship cases,” Pinellas County Probate Judge
Pam Campbell said in a Nov. 2019 hearing a few days after Hudson’s
arrest. “If there are any red flags that are brought to our attention,
then we’ll address that at that point in time."
On February 14, 2020, Campbell ordered the Pinellas County Inspector General's Office
to investigate all of Hudson's 45 guardianship cases and identify any
concerns involving the healthcare or financial matters related to wards
under her care.
It turns out there were lots of red flags.
The IG’s Office identified criminal activity in three other cases, leading to 17 new felony charges last year.
“She totally destroyed my family,” Moore’s son Ryan Moore said in an interview last year.
Ryan Moore
Ryan Moore said while acting as his dad's guardian, Hudson limited his ability to see his father.
Investigators said she sold Moore's guns at pawn shops, didn’t include them in an inventory of his property and kept the money.
“I
asked her about the guns and she said all of the guns were stolen
except for one and it was in a police evidence room somewhere,” Ryan
Moore said.
“It just destroyed us”
“It was a tough, tough lesson,” Gedi Pakalnis said of the five years he spent fighting the guardianship system.
His great-aunt Genyte Dirse was put into guardianship after selling Pakalnis part of a St. Pete Beach hotel at a below-market rate.
WFTS
Adam Walser and photojournalist Randy Wright interview Gedi Pakalnis
Gedi Pakalnis
Genyte Dirse
A realtor, who previously asked Dirse to list or sell her property, petitioned the court to have Dirse put into guardianship.
Hudson was appointed her guardian by the court.
Pakalnis said
during the guardianship, Dirse was abused by a caregiver Hudson hired,
then moved into an assisted living facility where she later died due to
COVID-19.
Hudson obtained a court order preventing Pakalnis from seeing or talking to his great aunt.
“It just destroyed us,"Pakalnis said. "Not only destroyed our family
but physically cost us health-wise, and of course financially."
After
interviewing dozens of people and reviewing more than 1,700 pages of
bank records, real estate transactions and other transactions,
investigators drafted reports on 19 of 21 Hudson’s cases they reviewed.
“Fortunately
we have someone who’s working to stay on top of this and digging into
this and we’re glad to have the people doing their job,” Pakalnis said.
More than a thousand pieces of wards’ mail abandoned
According
to the report, investigators collected and delivered 933 pieces of mail
belonging to former wards that were delivered to a PO box at a UPS
store in St. Petersburg that Hudson abandoned.
Hudson's criminal attorney, Richard McKyton,
told us his client was not allowed to access her PO box after she was
removed from her cases, which lead to a mix-up in mail being forwarded
to the wards' new guardians.
That mail could have included bills,
medical documents, tax information and other important items necessary
to provide appropriate care for the wards.
The report says 86 mail items were delivered to the home of another ward but never collected.
“If
you have almost a thousand pieces of mail you haven’t retrieved from
your PO box, it says you haven’t been doing much,” Hillary Hogue said.
“If
I could just say one thing to the community at large… please don't even
think about initiating a guardianship concerning your loved ones. And
if you hear the word guardianship, run,” she said.
Hudson received money from libel judgment, property sale
The I-Team learned while Hudson was out on bond she continued to make money.
In February, Hudson’s attorney John Hayter took possession of Lesa Martino's home to satisfy a $240,000 libel lawsuit judgment.
Hudson was the guardian of Lesa’s father Roland Martino.
Hudson sued Lesa Martino
after she reported allegations of abuse and neglect to state agencies
and wrote disparaging remarks about Hudson on websites and social media.
Lesa Martino
Lesa and her father Roland Martino in 2017
Hudson was arrested on the original felony charges months after she received a summary judgment against Martino.
“It’s just so unfair because all I was doing… I was a whistleblower to the corruption and then I get punished,” Martino said.
She is now homeless, living in a motel while she appeals her foreclosure case.
Hudson sold her own home last month for $849,900, which was $256,000 over the amount Hudson paid for it in 2019.
Her attorney attributes the sale to her recent divorce.
A status hearing in Hudson's criminal case has been scheduled for next month.
No trial date has been set in the case.
If you have a story you’d like the I-Team to investigate, email us at adam@abcactionnews.com.
WEST CHESTER — A once prominent but now discredited and disbarred
Chester County attorney has been arrested again by Chester County
Detectives and charged with two separate cases of stealing $86,000 from
former clients, essentially looting an escrow account that had been set
up to handle the victims’ funds.
Thomas K. Schindler, who was disbarred in 2020, is charged with
multiple counts of theft by unlawful taking, theft by deception, and
theft by failure to make the required disposition of funds. He was
arraigned by Magisterial District Judge Albert Iacocca on March 29 and
released on bail.
Schindler had been awaiting trial before Chester County Common Pleas
Court Judge Jeffrey Sommer on charges of stealing nearly $1 million from
former clients who hired him for their divorce. The charges stemmed
from a 2018 financial agreement with the victims where he failed to make
required transfers of proceeds from the sale of their home.
The current charges deal with two clients, the first involving a man
who hired him to represent him in a federal criminal case in 2019 and
who allegedly paid him $95,000 in legal fees. The case was taken over by
Schindler’s former co-counsel at the Schindler Law Group, Stephen
Patrizio, after Schindler was disbarred. When the case was resolved and
the man was ordered to pay a fine, he told Patrizio about the $95,000 he
had given Schindler.
Even though Patrizio pressed Schindler to return the money on several
occasions and Schindler allegedly promised to do so, the funds were
never recovered. When Chester County Detective Keith Cowdright
investigated Schindler’s legal escrow account, he found that Schindler
had withdrawn all but $4,100 in 2019.
The second case involves a man who had hired Schindler to handle his
divorce in 2014. As part of the settlement, a check was made out to the
man for $100,000 from the sale of the former couple’s home. That check
went to Schindler’s escrow account.
Despite making attempts to receive the funds, according to
Cowdright’s affidavit, the man only received $30,000. Detectives
reviewed the bank records of Schindler Law Group in 2021 and discovered
that after fees and payments for the victim’s divorce, the victim had
not received the $2,070 that he was owed.
“Clients place enormous faith and trust in their lawyers to always
have their best interests at heart, but that is broken when lawyers put
their own greed above anything else,” said District Attorney Deb Ryan in
announcing the arrests. “In stealing his clients’ money — and breaking
their trust — Thomas Schindler also tarnished the reputation of the many
good lawyers in our community. My office will push to hold him
accountable under the law for his criminal actions.”
Schindler, 61, of Newlin, was once one of the most well-known and
well-liked criminal defense attorneys in the Chester County Justice
Center. A county native and son of a well-respected child psychiatrist,
he is a graduate of Westtown School and first worked in the D.A.’s
Office as a prosecutor, and then went to work for the law firm of Lamb,
Windle & McErlane in West Chester.
He left that firm in the 1990s and opened his own private practice
with a succession of partners, finally opening up the Schindler Law
Group in Kennett. He handled all manner of criminal cases — including
representation of one of the largest drug dealers in county history,
Ricky Maitre — as well as family law matters. He was disbarred on
consent in 2020, although the specifics behind that action have not been
made public.
He is represented in all of the cases by defense attorney Vincent
DiFabio of Tredyffrin. Deputy District Attorney William Judge is the
assigned prosecutor.
ST. PETERSBURG, Fla. — Former professional guardian Traci Hudson is
facing criminal charges for stealing from a man in her care. She
allegedly used a power of attorney agreement to take hundreds of
thousands of dollars from him.
But I-Team Investigator Adam
Walser has uncovered Hudson also racked-up thousands of dollars in fines
by ignoring code enforcement notices sent to a woman in her care.
A broken window recently replaced at the Dirse Hotel in St. Pete
Beach racked up code enforcement fines at a rate of $250 thanks to
Hudson’s inaction, according to a petition. The petition was filed by a
new guardian appointed to her case following Hudson’s resignation.
By early February, those fines for the broken window totaled $45,750.
A judge appointed Hudson to care for the hotel's owner Genyte Dirse and her property in 2018.
But the city said Hudson ignored multiple notices, didn't obtain
permits and failed to show up at hearings. Including one on Aug. 12
which resulted in the city assessing daily fines.
At a hearing on
Aug. 28, Hudson petitioned Pinellas County probate Judge Pam Campbell to
withdraw $100,000 from two annuities owned by Dirse. She said she
needed money for Dirse’s daily care, including “monthly maintenance
expenses for real property she owns.”
That same day, Hudson
sought an order authorizing repairs to the Dirse hotel, “because of
pending code violations and the urgency to correct them.”
The estate of a woman who died at a Southside Assisted
Living Facility filed a lawsuit Tuesday against the facility and two
employees facing criminal charges regarding the woman’s care.
Joanna
Neal, representing the estate of her mother, Lois Pruitt, filed the
lawsuit for wrongful death against Assistcare, Inc., doing business as
Woodland Place Assisted Living, and against its administrator, Caroline
Renee Burton, and employee Brooke Tuck Ragsdale.
According
to the lawsuit, Pruitt had lived at Woodland Place since 2014. When she
was admitted, she suffered from dementia, but was otherwise in good
condition of physical health.
“She had memory deficits
and moderately impaired cognitive skills; however, she was able to
communicate and express her basic needs and enjoyed her life,” the
lawsuit states.
Neal paid the facility about $1,950 per month for assisted living services and care for her mother.
A
hospice care nurse was employed by a separate entity this year to
provide care and treatment while Pruitt continued to live at Woodland
Place. The hospice nurse provided a comfort care kit to be kept at the
facility, should Pruitt need comforting medications. It contained
morphine and other drugs and sedative medications.
On June 19, 2018, Neal visited her mother and found Burton
and Ragsdale in her mother’s room, along with the hospice comfort care
kit, the lawsuit states.
“Immediately thereafter, Lois
Pruitt’s health drastically declined,” the lawsuit contends. “It was
later discovered that Burton and Ragsdale had administered a large dose
of morphine to Lois Pruitt from the hospice comfort care kit.”
After administering the drug, neither Burton or Ragsdale attempted to contact medical professionals/emergency responders.
Neal
learned of the “over-medication” June 21, the lawsuit states, when a
Woodland Place employee informed her of the events and circumstances of
June 19. She called law enforcement June 21 and her mother was taken
that day to Gadsden Regional Medical Center. She died June 22, the
lawsuit contends, “as a direct and proximate result of the
over-medication of morphine and/or the delay of Burton and Ragsdale to
notify medical professionals/emergency responders of Lois Pruitt’s
declining condition.”
The police investigation into the
incident resulted in criminal charges against Burton and Ragsdale: both
were arrested June 22, charged with first-degree assault, and are free
on $50,000 bond.
TRUTH
OR CONSEQUENCES, N.M. -- A probate judge in southern New Mexico has
been forced to resign in the face of some serious criminal charges.
According to documents from the Judicial Standards Commission, Sierra
County Probate Judge Pam Smith will never be a judge in New Mexico
again.
Documents show she's accused of using her position to allow her and
her husband to take possession of a dead man's estate. The documents
claim the Smiths then closed the man's bank accounts and transferred
around $280,000 into their own accounts.
New Mexico State Police are investigating the accusations.
RIVERHEAD,
N.Y. — Five employees of a suburban New York nursing home are defending
themselves against charges they disregarded alarms for more than two
hours, leading to the death of a 72-year-old bedridden patient who was
not connected to a ventilator.
Opening
statements in the complicated double-jury trial began Tuesday in state
Supreme Court in Riverhead, on eastern Long Island.
The
five defendants are among nine workers at the Medford Multicare Center
for Living Inc. charged in the October 2012 death of Aurelia Rios of
Central Islip. Two of the nine have pleaded guilty, while two others are
expected to face trial this summer. The corporate entity that runs the
nursing home also is facing charges in the woman's death.
In
the case of the remaining five, state Supreme Court Justice John
Collins decided to conduct one trial to save time but have two separate
juries hear testimony simultaneously. One jury is considering the case
against Kethlie Joseph, a respiratory therapist accused of failing to
connect a respirator to Rios and later ignoring pagers and other alarms
indicating she was in distress.
The
second jury is considering the case against four others — the director
of respiratory therapy and three nurses — who are accused of falsifying
business records and other charges stemming from the woman's death. All
five have pleaded not guilty.
During
her first opening statement in the case against Joseph, prosecutor
Veronica MacDevitt said Joseph was charged with criminally negligent
homicide for failing to ensure that Rios was connected to a ventilator.
"It was the most basic and most fundamental aspect of her job,"
MacDevitt said. She added that later, when electronic monitors and other
indicators showed that the patient was in distress, Joseph and others
disregarded the alarms.
Defense
attorney Jonathan Manley countered that Joseph had to care for 20
patients the night Rios died, and he questioned the effectiveness of a
pager alarm system that he said went off constantly throughout the night
for both serious and incidental problems.
"You hear an alarm every second of every day," Manley said. "A beeper is not a reliable indicator of a patient's health."
He
added there was a nurse in Rios' room throughout the night, and that
when Joseph was finally informed that there was a problem with the
patient, she took immediate steps to get her the proper care.
"An alarm doesn't indicate a health problem, it indicates a mechanical failure," he said.
Later
Tuesday, MacDevitt laid out the case against the four other employees
before a separate jury. She said each in their own way either failed to
respond to alarms indicating the patient was in distress or subsequently
lied to investigators about Rios' death.
"Someone else's failure doesn't excuse their failures," MacDevitt said.
Although
opening statements were conducted separately before each jury, the
judge indicated that for the majority of the trial, both juries would
hear testimony simultaneously. The trial, expected to last five to six
weeks, is being held in a large courtroom in the Suffolk County Court
complex. Although rare, other double-jury trials have been held in the
county.
Hank
Sheinkopf, a spokesman for the Medford facility, called the trial "a
very complicated case. The facts will be presented to the judge. And we
will prove that Medford's patient commitment was not lacking."
Among the expected expert witnesses is a Dr. Michael Baden, a forensic pathologist and host of HBO's "Autopsy."
Both sides agree that Silvia Cata’s “Super Home Care” facility in Sacramento was “neat and clean,” and that 88-year-old Georgia Holzmeister seemed content to live there.
And that’s where the agreement pretty much ends.
On Tuesday – 16 months after the death of Holzmeister, who was hospitalized in June 2012 with gaping bedsores – Cata was ordered to stand trial in a unique criminal case being pursued by California’s attorney general. Following a three-hour preliminary hearing, Sacramento Superior Court Judge Ernest W. Sawtelle found sufficient evidence that Cata be tried on felony charges of elder abuse and involuntary manslaughter.
The manslaughter charge is believed to be a first for state prosecutors in an elder-abuse case, filed by the Justice Department’s Bureau of Medi-Cal Fraud and Elder Abuse. In addition to the felony counts, the case against Cata moves forward with two special allegations that the elderly victim suffered great bodily injury, and that neglect and abuse caused her death.
With his two victims looking on, a 76-year-old former court appointed conservator pleaded guilty Monday to theft and sexual battery charges, crimes he committed against the very people he was charged with protecting.
Speaking so softly he could barely be heard, Walter Strong of Celina entered the guilty pleas under an agreement where charges of rape by an authority figure were dropped. From 2004 until 2011, Strong was the conservator of a handicapped couple. He admitted to sexual battery on the woman and theft of $105,479 from both of them.
He will face 270 days of jail time under the plea deal, time that could drop to 200 days for good behavior.
Although Strong was also ordered to make restitution to the couple, his attorney, Jack Lowery of Lebanon, told Circuit Judge Judge David A. Patterson it was unlikely his client would ever be able to pay back the full amount.
“He doesn’t have $105,000,” Lowery said.
When the judge asked him directly if he would agree to make restitution, Strong said, “I don’t know how.”
Patterson warned Strong that, if he failed to make an effort at restitution, the full 10-year sentence called for under state law could be imposed.
MOUNT PLEASANT, S.C. – Thursday afternoon Julie Johnston, the granddaughter of the alleged abuse victim, held a press conference where she released audio recordings of her grandfather’s claim.
In the recordings, you hear the 101-year-old man claim that Desmond Kimbrough, a former Mount Pleasant Manor employee sexually assaulted him.
“I said you’re killing me, you’re hurting me so bad. My back was hurting me so bad and he was having sex with me,” Johnston’s grandfather said.
Now Johnston says she’s having a hard time getting her grandfather out of Mount Pleasant Manor, where the abuse is said to have occurred.
A hidden camera caught a lot of the activity. All of the video has not yet been released to the media but an attorney for the family did show a few clips.
The video recorded just last week, over a 24-hour period ending on December 7 resulted in the arrest of Kimbrough. He was in bond court on Tuesday morning charged with Abuse of a Vulnerable Adult.
Full Article & Source: 101-Year-Old Man’s Alleged Abuse Adds To Medicaid Crisis
A 61-year-old Sedro-Woolley woman pleaded not guilty to charges accusing her of stealing money from at least two of her legal guardianship clients.
Sharon Nielson is accused of more than $370,000 of suspicious financial activity in her handling of two clients’ bank accounts between 2009 and 2011, according to police reports. She is charged with four counts of first-degree theft and one count of money laundering.
Nielson was the legal guardian of an 88-year-old Anacortes woman and a 77-year-old Sedro-Woolley man, both of whom lived in nursing homes, court documents say.
An audit of the woman’s finances after Nielson was removed as her guardian revealed more than $92,000 of unauthorized expenses from the woman’s estate, including payments to casinos and writing checks for cash to herself and her business.
She is also accused of writing checks for thousands of dollars to herself from the Sedro-Woolley man’s account.
Nielson appears to have used multiple accounts to conduct payments on behalf of her clients, making it hard to determine which transactions were on behalf of her clients, payments for her services and for her personal use, the affidavit said.
A St. Charles County man faces criminal charges after O’Fallon Police said he stole funds from an elderly woman, using the money to buy himself a houseboat.
Ben Huffman, 42, of the 100 block of Lake Village Drive in northwest St. Charles County, was charged with misappropriation of funds of an elderly nursing home resident; stealing more than $25,000, a class B felony; and marijuana possession.
O’Fallon Police said that Huffman, acting with power of attorney, stole more than $25,000 from the woman’s bank account between Dec. 3, 2010 and Aug. 24, 2011. He used the money for personal expenses, including buying a houseboat to live on, police said.
Huffman also was responsible for paying for the woman’s care at the nursing home, but she had an outstanding bill of $17,533 as of Aug. 15, 2011, according to court documents. The nursing home sent him certified letters regarding the bill.
Police also said Huffman tried to grow marijuana plants in the woman’s home.