Lee County District Attorney arrested, charged with ethics violation, perjury, conspiracy

In this Dec. 2, 2019, file photo, Lee County District Attorney Brandon Hughes speaks at a press conference. / Sara Palczewski/

by Alex Hosey

 

Lee County District Attorney Brandon Hughes turned himself in to the Lee County Sheriff’s Office Sunday on multiple charges including using office as personal gain, one count of conspiracy and one count of first-degree perjury.

“He was booked into the Lee County Jail at approximately 5 p.m. this evening,” Sheriff Jay Jones said Sunday. “He posted bond and was released.”

Jones said the indictments were issued by the state attorney general’s office, and Hughes turned himself in to the Lee County Detention Facility before being released on a $31,000 bond.

“It’s not [the Lee County Sheriff’s Office] case,” Jones said. “They sent us the indictment as a result of a grand jury that met at some point in the recent past.”

Hughes, who was elected as district attorney in 2016, self-reported a possible ethics violation to the Alabama Ethics Commission earlier this year, though it is unknown if the recent charges are related.

Hughes told the Opelika-Auburn News he will release a statement regarding the charges on Monday.

Full Article & Source:

Lee County District Attorney arrested, charged with ethics violation, perjury, conspiracy

TN: Owner Arrested After Raid of Senior Lifestyles

A new development has surfaced regarding a Cookeville facility that was once at the center of a NewsChannel 5 investigation.

That was back when it was called Living the Dream, and it's now known as Senior Lifestyles.

The District Attorney said investigators searched the home for the elderly, as well as an office and a car, and they've now made an arrest.

Stephanie Butler was arrested on Friday. She has bonded out of the Putnam County Jail, but she’s charged with two counts of theft of property and one count of willful abuse, neglect, exploitation.

Senior Lifestyles is owned by Republican legislative candidate Ed Butler and his wife, Stephanie.

Ed Butler released a statement Monday morning.

Full Article and Source:
Owner Arrested After Raid of Senior Lifestyles

Contra Costa DA Faces Possible Felony Embezzlement Charges

The state Attorney General's Office is considering filing felony embezzlement charges against a Bay Area district attorney for his alleged personal use of campaign funds, according to court documents obtained by NBC Bay Area on Tuesday.

The investigation into Contra Costa County District Attorney Mark Peterson stems from his alleged use of $66,000 in campaign monies for personal expenses, according to an affidavit filed by the state AG's Office. A search done last month of Peterson's bank accounts revealed campaign committee funds were used to pay for items at grocery and jewelry stores and other retailers such as Guitar Center, court documents show. Committee funds were also transferred multiple times into Peterson's personal bank accounts.

According to a search warrant return, investigators last week detained Peterson in Antioch while they seized his iPhone, iPad and appointment calendar as evidence to support felony charges.

"There's no doubt that what's happened to Mr. Peterson casts shadows over the employees at the office and the good work we do every day," deputy district attorney Kristen Busby said.

Peterson says he simply borrowed the money and had intended to pay it back. But the affidavit says Peterson failed to disclose he'd borrowed any money. Investigators are also considering possible felony perjury charges.

Both prosecutors and defense attorneys said the criminal investigation is warranted.

"The appearance is horrifying. The appearance is somebody who's committing crimes is prosecuting other people," defense attorney Dan Russo said. "He's a bright guy, he's a good lawyer. What was he thinking?"

Peterson not only faces the possible criminal charges, but a civil grand jury also filed an accusation calling for his removal from office. He will appear before a judge on that matter Wednesday.

Peterson did not respond to repeated requests for comment Tuesday.

Full Article & Source:
Contra Costa DA Faces Possible Felony Embezzlement Charges

Steve Miller: When is Clark County D.A. Steve Wolfson going to prosecute for-profit private "guardian" April Parks?

District Court Judge Cynthia Diane Steel stated on the record: "Court did not give April Parks permission to do anything with the trust assets and Elizabeth Indig can file a criminal complaint with the District Attorney."

So far, DA Steve Wolfson has done nothing to stop this professional parasite who preys on the elderly. - SM

Source:
Contact 13 Investigates Families Caught up in Guardianships Losing Their Homes

Loose cannon fires away: Mary Rain blind to her own flaws as a prosecutor, public servant

As district attorney, Mary E. Rain has become an embarrassment and impediment to the criminal justice system in St. Lawrence County.

She refuses to accept instruction from anyone on points of law, even from individuals who are as well versed — if not more so — in the law as she is. Her quest for personal vindication has blinded her to the need for professionalism and respect as someone who holds a public trust.

In a ruling issued Thursday, County Judge Jerome J. Richards enumerated numerous mistakes that Ms. Rain committed in obtaining a grand jury indictment against Oral N. Hillary in the 2011 death of Garrett J. Phillips. But instead of accepting the chance to correct the criticisms by empaneling a new grand jury to consider a proper indictment of Mr. Hillary, Ms. Rain appealed the decision and castigated Judge Richards by claiming the judge has a personal bias against her and has sabotaged her work since July.

Full Article & Source:
Loose cannon fires away: Mary Rain blind to her own flaws as a prosecutor, public servant

"A Whistleblower's Lament: The Perverted Pursuit of Justice in the State of New York"

Originally elected against great odds, post Watergate, Judge Stuart Namm spent over 16 years on the bench in Suffolk County, New York, a Long Island suburb of New York City.

 Dubbed in the Hollywood Reporter as the Serpico Judges, and by his detractors as the Hanging Judge and Maximum Stu for his willingness to frequently hand out the maximum 25 years to life sentence in intentional murder convictions.

At that time, New York state had no death penalty.

In 1985, he wrote Gov. Mario Cuomo to request the appointment of a Special Prosecutor to investigate the county's criminal justice system, believing there was rampant corruption in the elite Police Homicide Squad and District Attorney's office, and that cases were being manufactured to obtain convictions in major homicide trials. After a three year investigation by the State Investigations Commission, his whistleblowing resulted in numerous forced resignations and transfers in the police department, at the highest level of county government, and in the police laboratory. As a result of a deal, he was denied renomination by his own political party led by his former law partner, and ultimately this was the demise of his illustrious judicial career.

A Whistleblower's Lament is Judge Stuart Namm's compelling, personal account of his life in the law and politics, and the events that brought it to an end. Three weeks after leaving New York, he was the first recipient of the Justice Thurgood Marshall award and two other prestigious awards, including a lifetime membership in the NAACP.

A Whistleblower's Lament:  The Perverted Pursuit of Justice in the State of New York

Former DA Armando R. Villalobos' Law License Suspended

Former Cameron County District Attorney Armando R. Villalobos’ license to practice law has been suspended pending his appeal.

The Board of Disciplinary Appeals, which is appointed by the Texas Supreme Court, took this action following a July 25 hearing. The order of suspension states that Villalobos failed to answer a request filed by the State Bar of Texas’ Commission for Lawyer Discipline, seeking disciplinary action against Villalobos.

The Board of Disciplinary Appeals stated that during the suspension, Villalobos is prohibited from practicing law in the state, performing any legal service for others, accepting any fee directly or indirectly for legal services not completed, appearing as counsel in any proceeding in any Texas court, or holding himself to others or using his name in any manner in conjunction with the words attorney, counselor or lawyer.

 

BODA also directed Villalobos to notify every justice of the peace, judge, magistrate, and chief justice of each and every court in which he has any legal matter pending of his suspension and to notify his current clients and opposing counsel. Villalobos also was directed to surrender his law license.

 

“The board retains jurisdiction to enter a final judgment in this matter when the criminal appeal is final,” BODA’s chairwoman JoAl Cannon Sheridan wrote in the July 30 order.
 

A federal jury in Brownsville convicted Villalobos on May 24, 2013 of public corruption charges in connection with the favors-for-cash bribery schemes of former 404th state District Judge Abel C. Limas.

 

Full Article and Source:
Villalobo's Law License Lifted

Brooklyn DA Probes Late Judge John L. Phillips' Penniless Death in Nursing Home

The Brooklyn DA is probing how a prominent judge came to die penniless in a nursing home, after angry relatives claimed his estate had been looted and demanded an investigation.

Relatives of Civil Court Judge John Phillips — known as “the kung-fu judge” because of his black belt — say his court-appointed guardians took exorbitant fees and ran up a million-dollar IRS bill by failing to file taxes.

The Rev. Samuel Boykin, a nephew of the Alzheimer’s- stricken Phillips, estimates the alleged rip-off cost the judge and his heirs $20 million to $30 million.

A spokeswoman for DA Kenneth Thompson said his office is reviewing documents Boykin submitted.

One guardian was accused in 2006 of improperly paying herself out of Phillips’ assets. Then-DA Charles Hynes referred the case to the Appellate Division, and the guardian was suspended for taking $327,000.

Source:
DA Probes Prominent Judge's Penniless Death in Nursing Home

Lawsuit Filed Against Two CA Assisted-Care Facilities for Allegedly Abusing and Punishing Residents

City Atty. Mike Feuer has filed a lawsuit against two assisted-care facilities for allegedly abusing their disabled patients in "deplorable, overcrowded and substandard living conditions."

At the behest of Feuer's office, a Los Angeles County Superior Court judge on Friday also appointed a receiver to immediately begin relocating those being cared for at the two facilities with the assistance of state and county officials.

The two facilities, Agape Mission House and Agape Home Church — located at 2205 and 2217-19 South Hobart Blvd. in the historic Adams district, just a short distance from First AME Church — are also unlicensed, the city attorney's office said.

“These residents are among the most vulnerable in our society and they were forced to live a daily nightmare,” Feuer said. “We are bringing that nightmare to a close."

According to court documents, residents at the facilities would be punished for failure to attend religious services twice a day, despite their individual beliefs.

The punishments allegedly included being made to stand by a tree for up to four hours, being required to translate Bible verses for an entire day and sleeping outside at night.

The lawsuit also alleges that the operators collected county or federal benefits cards as rent at the beginning of each month and denied residents access to their own money.

From January 2011 to October 2013, Los Angeles police reported receiving more than 180 calls related to the properties, including a dozen attempted suicides, numerous assaults and batteries, assault with a deadly weapon, narcotics activity, indecent exposure and burglary from a motor vehicle.

Full Article and Source:
City Attorney:  Assisted Living Facility Abused, Punished Residents

Greeley Funeral Services Provider Sought on Charges of Bilking the Elderly

Greeley police are trying to track down a former funeral-services provider who allegedly collected money from elderly people for pre-paid funeral services and then left town.

An arrest warrant has been issued for 44-year-old Paul Acuna, who authorities believe is living in the San Diego area. The Weld County district attorney's office has charged him with several felonies, including two counts of theft from an at-risk adult and 10 counts of forgery.

Acuna owned Paul's Funeral Service in Greeley. He allegedly told his prepaid-services clients that if his business closed, their accounts would be transferred to another business, which did not happen after his business closed in April and no refunds were issued, prosecutors said. Acuna also is being investigated for allegedly sending fraudulent bills for funeral assistance to the Colorado Department of Human Services.

Full Article and Source:
Greeley Funeral Services Provider Sought on Charges of Bilking the Elderly

Erie County DA Announces Financial Elder Abuse Case Grand Larceny Conviction

Erie County District Attorney Frank A. Sedita, III announced that 40 year old Charmesa Brown of 32 Linda Drive, Cheektowaga, pleaded guilty, as charged, this afternoon to Grand Larceny in the Second Degree and Offering a False Instrument for Filing in the First Degree before County Court Judge Thomas P. Franczyk. These are the highest charges for which the defendant could have been convicted had she gone to trial.

Brown admitted that during the period between October 6, 2010 and July 11, 2012, while employed as an Administrator with Basset Manor, 245 Bassett Road, Williamsville, she stole a total of $110,174 from an elderly patient. Brown agreed to assist the victim by writing checks to the facility, but also wrote checks payable to herself. Brown did not report those earnings on her New York State Income Tax return. The nursing facility has agreed to make the victim whole.

This is the third major financial elder abuse conviction obtained by the Erie County District Attorney’s Office within the last month. On October 17, 2012, paralegal Pamela Blood pleaded guilty, as charged, to Grand Larceny in the Second Degree and Offering a False Instrument for Filing in the First Degree, in connection with an embezzlement of over $300,000 from an elderly client. On October 30, 2012, con-man Richard Kesick pleaded guilty to bilking a 91 year old priest out of more than $500,000.

District Attorneys’ Association President and Manhattan DA Cyrus Vance, Jr. announced the formation of the New York White Collar Crime Task late last month.

Ms. Brown is scheduled to be sentenced on February 1, 2013, at 9:30 a.m. before Judge Franczyk; she faces maximum prison sentence of 19 years.

Full Article and Source:
Another Financial Elder Abuse Case Leads to Grand Larceny Conviction

DeKalb Co DA Candidate was Suspended by State Bar

One of DeKalb County’s two candidates for district attorney has been suspended twice by the State Bar of Georgia.

Decatur attorney Constance Pinson Heard is running against former DeKalb Solicitor-General Robert James.

The two are competing for the seat vacated by Gwen Keyes Fleming, who resigned last month to become a regional administrator with the federal Environmental Protection Agency.

Records obtained by The Atlanta Journal-Constitution show Heard was suspended twice for violating State Bar standards. James has no complaints with the Bar, according to its records.

The state Supreme Court found Heard guilty of three Bar standards: dishonesty and fraud; willful abandonment to the detriment of her clients; and commingling clients’ funds with her own.

The director of the National Institute for Teaching Ethics & Professionalism, who is not involved in the DeKalb race, said he would be concerned about any lawyer who violated those specific standards.

“I have no hesitation in saying that someone who has been suspended for violating [these standards] should not be a candidate for district attorney.” said Clark D. Cunningham, who also teaches law and ethics at the Georgia State University College of Law.

Full Article and Source:
DeKalb DA Candidate was Suspended by State Bar

Former DA Indicted

After presiding over Kimble County grand juries for three decades, former District Attorney Ron Sutton has been indicted there on two charges of misapplication of fiduciary property, a third-degree felony, officials said.

Sutton, lead prosecutor in the 198th judicial district from 1976 until last year, declined to comment when reached at his Junction home.

Special prosecutor Bill Turner said the indictment issued Wednesday concerns expenditures of seized funds for travel and staff bonuses, in “a continuing course of conduct,” from January 2002 until Dec. 31, 2008, when Sutton retired.

Sutton was served with arrest warrants at the Kimble County Jail Thursday afternoon, then booked and released on a personal recognizance bond, officials said.

Turner, the district attorney in Brazos County who was appointed special prosecutor on the case in August, said: “The investigation is complete, from our end.”

Sutton previously defended his use of the forfeiture account funded by seizures from criminal suspects, which statutes say must go for law enforcement purposes. He dismissed criticism as “much ado about nothing.”

Full Article and Source:
Former Hill County DA Indicted"

Federal Probe of Rita Hunter Tenure

The files of county wards while Rita Hunter was public administrator will stay locked away for the time being.

Dean Dankelson, Jasper County prosecutor, said that access to the files is being limited at the request of federal authorities. Hunter told Probate Judge David Mouton there is no way she can answer questions before the court about former wards’ estates without file access.

Dankelson said he is keeping the materials locked away at the request of the U.S. attorney’s office.

Officials announced last month that federal authorities had taken over a probe into operations of the administrator’s office during Hunter’s tenure. Investigators with the Missouri State Highway Patrol started the probe in January after Hunter left office and took with her all the files of wards under the care of the public administrator’s office. She later returned about 30 boxes of files, and additional materials were recovered as a result of a search warrant.

Full Article and Source:
Feds want file access denied

See also:
Former Administrator Rita Hunter

Rita Hunter was registered with the National Guardianship Association (NGA) during her tenure. Angie Cassavecchia Ashens, Jasper County Public Administrator is now registered with the NGA.

Guardian Could Face Charges

An adult guardian could face charges for taking money in exchange for allowing a Houston doctor access to a child. The child was one of at least four who had been sexually abused for years by the grandfatherly surgeon, prosecutors said.

Orthopedic surgeon Bernard Zacharia Albina was arrested on five charges stemming from years of alleged sexual abuse of four prepubescent boys. He is expected to be arraigned in state district court.

Harris County Assistant District Attorney Eric Devlin said a guardian for one of the children could face charges for taking money for allowing access to one of the children. He said statutes of limitations may hinder prosecution, but a charge could be levied as part of an ongoing conspiracy.

Full Article and Source:
DA: Accused molester paid victim $155,000

Attorney General Intervention

The state attorney general claimed victory in a legal battle stemming from 2005 that challenged the legitimacy of a sales agreement in which an elderly woman agreed to sell her home to two men for less than half of what it was worth at the time.

Attorney General Richard Blumenthal intervened after Mona Lee Johnson agreed to sell her home, estimated to be worth $1.2 million, for $500,000, a month before she passed away.

The Attorney General's Office alleged that her neighbor, Mark Lovallo, had urged Johnson to sign off on the sales option while she was sick in the hospital. The deal also included her longtime accountant, David Alfano.

Blumenthal said that Johnson never intended to approve the deal, which would have significantly lowered the amount of money that would have been donated to eight of her favorite charities. Johnson's will divided nearly all of her $1.5 million estate to charities including the Greenwich Library and Perrot Memorial Library in Old Greenwich.

Blumenthal: "I fought successfully to stop this suspect agreement denying hundreds of thousands of dollars to charities intended to benefit from the home's sale. In charity law, the donor's wishes are paramount. This donor never wished to sell her home at a bargain-basement price, significantly slashing the proceeds to charities named in her will."

Full Article and Source:
Attorney general intervenes in Greenwich estate case

Real Estate Scam

State security officers served a search warrant at the office of a man charged with senior exploitation, as more victims continue to come forward in an investigation of a real estate scam.

Five more potential victims of Jamal Eljawaidi, also known as Jean Marc, came forward after Secretary of State Ross Miller issued an arrest warrant for him last week. Eljawaidi is still at large.

Eljawaidi initially was sought for elder exploitation in December 2004. The recent victims say they fell for investments with the real estate developer from 2005 through 2008.

In one case Eljwaidi took $400,000 from a 67-year-old man, who has been diagnosed with several mentally incapacitating conditions. Investigators said that Eljwaidi told the man he would be an equal partner in a commercial real estate venture.

Instead, Eljwaidi used up to $600,000, including the man's money, to live a lavish lifestyle while leaving the elderly man destitute.

With evidence gathered by investigators with the search warrant, Eljwaidi could face new charges including securities fraud, sale of unregistered securities, obtaining money under false pretenses and racketeering.

Eljwaidi's attorney, Steve Wolfson, also a Las Vegas City councilman, said in Justice Court recently that his client was out of the country. However, the Nevada Attorney General's Office said it has information that he is in the United States.

Anyone who knows where to find Eljwaidi or who invested with him or his companies, Babuski LLC and JKG Development, or anyone who believes they may have been a victim, is asked to call the Secretary of State's Office in Las Vegas at 486-2440, or (775) 688-1855 in Carson City.

Full Article and Source:
Officials searching for man accused of senior exploitation

Elder Abuse Task Force

District Attorney Risa Vetri Ferman created the Elder Abuse Unit in 2008, just months after taking office, to address a rise in reported crimes against the elderly, which include physical and sexual assaults, neglect, theft and other financial exploitation.

In the past, deaths at nursing homes or assisted living centers may have escaped scrutiny given the advanced age and medical condition of many residents. But the DA believes better trained police and caregivers will help detect more wrongdoing in the future.

Ferman: "Now that we have the Elder Abuse Unit, we’re looking in a much more comprehensive way at these kinds of deaths."

The DA’s unit supervises an Elder Abuse Task Force, a multi-disciplinary committee made up of law enforcement agencies and the county’s Aging and Adult Services. The task force reviews individual cases to determine whether a crime has occurred.

The group also works with geriatric and forensic specialists, the Montgomery County Bar Association, victim advocacy groups and others.

Full Article and Source:
District Attorney’s Office seeks to protect seniors

No Evidence of Criminal Activity

A state Attorney General's investigation into Macomb County Probate Court contracts with ADDMS Guardianship Services of Shelby Township found no evidence of criminal activity by the company or the court, according to a recent AG report sent to Michigan Supreme Court officials.

But the report did reveal questionable bookkeeping at ADDMS and possible breaches of fiduciary responsibility. David Tanay, chief of the Attorney General's criminal division, cited "deficiencies" in how the court is operated and recommended improved verification of bank receipts and prompt inventories of clients' assets to help correct the problems.

Source:
State finds no criminal actions at Probate Court

See also:
ADDMS and Fortuna Estate

State Probe of Guardianship Firm

NASGA Celebrates World Elder Abuse Awareness Day

NASGA
National Association to STOP Guardian Abuse
http://www.stopguardianabuse.org/
http://NASGA-StopGuardianAbuse.blogspot.com

PRESS RELEASE
For immediate release

June 15, 2009
For more information contact:
Annie McKenna
info@StopGuardianAbuse.org
Media Liaison
_________________________________________________

NASGA Celebrates World Elder Abuse Awareness Day June 15, 2009
_________________________________________________
NASGA is a civil rights organization comprised of victims and families working to expose and end unlawful and abusive guardianships/conservatorships.

It is fitting that on this day of global recognition, NASGA brings to public attention a shocking truth: elderly and/or disabled and vulnerable people are often abused – physically and financially - by their court-appointed “protectors.”

The abuse is enabled under color of law by uncaring or corrupt courts presiding over guardianship / conservatorship cases.

Unlawful and abusive guardianships constitute elder abuse at its worst.
Guardianship wards are often isolated from family and friends and forcibly removed from their homes to nursing homes where they die prematurely, alone and afraid; completely unaware of their families’ constant struggle – almost always in vain - to free them.

The court-appointed fiduciaries and their lawyers engage in dissipating their victims’ assets by exorbitant and/or fraudulent billing, leaving them indigent, to ultimately become a burden on the US taxpayers under Medicaid – quite contrary to the intent of the “protective” statutes.

Many families go to the Office of the Attorney General for help - only to be turned away because the abuse has been court sanctioned.

Americans should be outraged by this public sanctioning of abuse. NASGA calls for legislative reform to stop this insidious crime foisted upon our most vulnerable citizens - the elderly and disabled – by misapplication and misuse of law actually intended to protect them.