Showing posts with label Embezzlement. Show all posts
Showing posts with label Embezzlement. Show all posts

Wednesday, September 11, 2024

Clarksburg (West Virginia) man charged with elderly exploitation, embezzlement

From Staff Reports


CLARKSBURG, W.Va. (WV News) — A Clarksburg man is accused of stealing money from an elderly woman and then continuing to financially exploit her estate after her death, according to the criminal complaint against him.

William Kehrer, 52, is charged with embezzlement by a fiduciary and financial exploitation of an elderly person after allegedly taking more than $250,000 from the accounts of an 87-year-old woman who is now deceased.

Kehrer is alleged to have moved $266,266 from the 87-year-old victim’s account into his own.

Although Kehrer made “a good-faith effort” by writing a check for $13,930 for the woman’s care to the Clarksburg Nursing and Rehabilitation Center, he kept the remaining $252,336 in his own account, Clarksburg Police Detective A.C. Vernon alleges.

“The remainder of the money was misappropriated by being moved to the defendant’s account, without being used to assist (the victim),” Vernon said in the complaint.

Kehrer also is alleged to have embezzled nearly $20,000 from the woman’s estate following her death.

Kehrer, as the fiduciary of her estate, is alleged to have failed to produce for appraisement a 2007 Dodge Durango valued at $7,000 and a refund check from the Clarksburg Nursing and Rehabilitation Center in the amount of $11,542.

Kehrer also is alleged to have taken around $1,008.86 from the estate to “pay utility bills.”

If convicted on the embezzlement charge, Kehrer could face a prison sentence of not less than one nor more than five years, according to state code.

If convicted on the financial exploitation charge, he could face a fine of not more than $10,000 and prison sentence of not less than two nor more than 20 years.

Full Article & Source:
Clarksburg (West Virginia) man charged with elderly exploitation, embezzlement

Wednesday, July 17, 2024

Police: Couple stole $450,000 from elderly mother

By Alex Bridges

Virginia police are accusing Warren County couple Corinne and Ronald Llewellyn of exploiting an elderly family member out of more than $450,000.

The Llewellyns remain free on bond after their arrests last week on multiple counts of embezzlement and money laundering. Judge Daryl L. Funk scheduled the Llewellyns to appear in Warren County Circuit Court on July 26.

Ronald Llewellyn served on the Warren County Board of Supervisors from January 2004 through Dec. 31, 2007. Llewellyn also served on the Board of Directors for the Front Royal-Warren County Economic Development Authority for years until he stepped down in March 2019.

A grand jury on June 8 handed up indictments charging Ronald L. “Ron” Llewellyn, 70, of 205 Virginia Ave., Front Royal, with 44 counts of embezzling property valued at $200 or more belonging to his mother-in-law Jane White, which he received for her benefit by virtue of his fiduciary responsibilities.

Indictments charge Ronald Llewellyn with 10 counts of unlawfully conducting a financial transaction where the property involved represents the proceeds of an activity punishable as a felony. He also has been charged with forging a check dated Feb. 25, 2013, for $5,000 drawn on Jane White’s bank account and made payable to Senary LLC.

Indictments charge Ronald Llewellyn of committing the offenses on different dates between Dec. 21, 2011, and Jan. 18, 2018.

Grand jury indictments against Corinne W. Llewellyn, 70, of the same address, charge her with 21 counts of embezzlement from her mother and seven counts of money laundering. The indictments charge her with committing the offenses between Nov. 2, 2015 and April 20, 2018.

Court documents filed in March reveal details about the police investigation into the Llewellyns.

The Llewellyns appeared by video from the Northwestern Regional Adult Detention Center. Warren County Assistant Commonwealth’s Attorney Ilona White appeared for the prosecution. Defense attorney Douglas Napier represented the Llewellyns for their court appearance.

Funk granted the Llewellyns’ release on personal recognizance bonds. Funk ordered that as a condition of their bond the Llewellyns may not leave Virginia.

Warren County Commonwealth’s Attorney John S. Bell filed a motion dated March 1 requesting that the court issue a subpoena ducus tecum for the production of financial records from Atlantic Union Bank associated with Ron Llewellyn’s businesses and limited liability corporations: Llewellyn LLC, Heptad LLC (of which he has been a partner), Senary LLC and Fragrances LTD.

“The Commonwealth asserts that there is probable cause to believe that a possible crime has been committed and that the records sought are relevant to a legitimate law-enforcement inquiry,” the motion states.

Virginia State Police Special Agent Adam C. Galton filed an affidavit in support of the subpoena request. Galton sought records from the bank from Sept. 1, 2016, to May 1, 2017. Galton states that the information shows that probable cause exists that the Llewellyns and the businesses and limited liability corporations “committed elder financial exploitation through embezzlement, money laundering, and forgery of financial instruments from entrusted funds associated with the accounts related to the Jane Angus White.”

Trustees and family members of Corinne Llewellyn’s mother asked Virginia police “to investigate extensive financial impropriety by the Llewellyn’s (sic),” the affidavit for the subpoena states.

The affidavit states the investigation “yielded approximately $451,892.44 of gross financial exploitation after reviewing available records dating back to 2010,” including direct payments from February 2013-May 2018 totaling $55,500 to Senary LLC; $4,400 to Heptad LLC from October 2016-March 2017; $38,900 to Llewellyn LLC from December 2011-October 2017.

The investigator states that the records he reviewed also show the Llewellyns took direct payments from trust funds and used the money for personal travel, vehicles, real estate taxes, legal fees, property repairs, maintenance to their home, property and life insurance, pest-control services, telecommunication services, heating and vehicle fuel costs, and pool service for their house in Florida.

The affidavit also states that a check was made on Feb. 25, 2013, from the Jane A. White Trustee for the Jane Angus White Living Trust in the amount of $5,000 to the order of Senary LLC.

“The trustees and family members confronted Ronald Llewellyn about this check in 2015 and, according to three witnesses, Ronald Llewellyn admitted to forging her name to the check,” the affidavit states.

Full Article & Source:
Police: Couple stole $450,000 from elderly mother

Thursday, October 5, 2023

Rockingham lawyer disbarred for embezzlement

by Matthew Sasser Editor


ROCKINGHAM — Rockingham lawyer J. Brent Garner has been disbarred from the North Carolina State Bar.

According to a June disciplinary hearing commission, Garner, who was admitted to the NC State Bar in 2003, misappropriated entrusted funds, made misrepresentations to the Grievance Committee, improperly disbursed entrusted funds, did not properly maintain entrusted funds, did not conduct required trust account reconciliations and reviews, and did not maintain other required trust account records.

According to the order of discipline, Garner embezzled $5,900 from ten separate clients with amounts as high as $2,000. The minimum amount was for $100.

“Garner knowingly disbursed to himself or caused to be disbursed to himself the funds…” states the document.

Additionally, Garner issued a check to himself from a client’s estate for $6,763.52 in December of 2018. A week later, there was a deficit of at least $8,000 from the client’s funds. Three checks for resolved court costs and fines in traffic cases, each for $263, were issued to the Anson County Clerk of Court from some of the embezzled funds. There was insufficient funds for these checks.

In the course of the grievance investigation, Garner responded in a March 29, 2019, letter that he “was intending to place an asset into the estate account that [he] believed was not there yet” and that he “did not pay attention to the deposit slip [he] was using.”

This statement was found to be contradictory to the information written on the checks from the account. Upon examination, the state bar found that Garner had misused other entrusted funds, improperly deposited funds and failed to conduct required reviews and trust account records.

“By knowingly disbursing to himself or causing to be disbursed to himself funds to which he was not entitled from [the ten client accounts] Garner committed criminal acts (embezzlement) that reflect adversely on his honesty, trustworthiness, or fitness in other respects in violation of Rule 8 .4(b) and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation that reflects adversely 011 the lawyer’s fitness as a lawyer,” states the disciplinary hearing commission. “By knowingly attempting to disburse $6,763.52 from the Estate Account…For no purpose beneficial to the Estate and where it would have been used for the benefit of Garner and/or Garner’s clients, Garner committed criminal acts (attempted embezzlement) that reflect adversely on his honesty, trustworthiness, or fitness.”

From court documents, the “Findings of Fact Regarding Discipline” listed that Garner was deceptive in his responses to inquiries from the grievance committee.

“Garner refused to acknowledge the wrongful and intentional nature of his misconduct,” states the committee, adding that Garner introduced letters from 10 members of the legal community, including three district court judges, one superior court judge and the Richmond County Sheriff, who all spoke highly of his good character and reputation.

A hearing committee determined that “a censure, reprimand, admonition, or suspension would be insufficient discipline because of the gravity of the significant harm and the potential significant harm caused by Defendant’s conduct to the profession and the public.”

Garner is prohibited from handling entrusted funds and was disbarred effective July 7, 2023. Garner must pay all administrative fees and costs from the proceedings. The order of discipline was signed by Shannon R. Joseph, chair of the disciplinary hearing panel.

A phone call to the Law Offices of J. Brent Garner indicated that the number had been disconnected.

Full Article & Source:
Rockingham lawyer disbarred for embezzlement

Wednesday, June 8, 2022

Judge sentences former public guardian to jail time, restitution for embezzlement


by Elizabeth Larson
 
LAKE COUNTY, Calif. – On Monday a judge sentenced a former Lake County Social Services employee to jail time, probation, restitution and community service for a case involving the theft of more than $13,000 from people under conservatorship, with some of the thefts including COVID-19 relief funds.

During the brief Monday afternoon sentencing, Judge Andrew Blum passed the sentence on 45-year-old Lakeport resident Susan Marie Marlowe.

Marlowe previously worked as a deputy public guardian and deputy public administrator for Lake County Adult Protective Services, which is part of Social Services.

In August, the Lake County Sheriff’s Office arrested Marlowe following a four-month-long investigation.

The sheriff’s office said Lake County Social Services reported the theft of debit cards from one of their offices at the start of April 2021, about three weeks after Marlowe’s employment ended with the county.

Those debit cards were issued as part of the economic impact payments to individuals who were under conservatorship with Social Services. A total of 21 of the cards, each with a value of $600, were reported missing, authorities said.

During the investigation it was determined Marlowe had access to the debit cards. Investigators also found that Marlowe had taken seven large withdrawals totaling $12,400 from the bank account of one of her conservatees. Authorities said Marlowe used fake invoices for repairs that didn’t occur to the conservatee’s home to take the funds.

A March complaint the District Attorney’s Office filed against Marlowe included five counts: elder abuse, embezzlement by a public officer, embezzlement, larceny and identity theft.

Through a plea agreement, Marlowe pleaded to the complaint’s count two, felony embezzlement by a public officer, with the rest of the counts dismissed with a Harvey Waiver so the court could consider the conduct in those counts in rendering a sentence. “This is especially important for restitution issues,” Senior Deputy District Attorney Rachel Abelson told Lake County News.

The plea agreement called for probation and a maximum of 120 days in county jail. “The decision of jail time was to be left open to the court if the court accepted the plea agreement,” Abelson said.

The Lake County Probation Department report recommended probation and 20 hours of community service, but no jail time, which Abelson argued against during the hearing. She said later she suspected no jail time was an oversight.

Pointing out that Marlowe had been in a position of trust as well as the amount of money taken, Abelson said she’d seen petty theft cases receive significantly more jail. She asked for the court to sentence Marlowe to 120 days in jail.

Defense attorney Sterling Thayer said the Probation Department isn’t shy about recommending tougher sentences, adding that petty theft cases involving people with records of repeated theft often do get more jail time.

However, Thayer argued that Marlowe’s case was an “isolated incident” and she wouldn’t err this way again. He said she was apologetic, realized what she did was wrong and has guaranteed she will pay restitution.

“Essentially she made a mistake and this is the best way to make amends,” to allow her to be on probation so she can pay people back, said Thayer, adding that putting her in jail will jeopardize her employment and her ability to pay back what was taken.

Judge Blum didn’t accept Thayer’s argument. “I was shocked that I saw Probation doesn't recommend that I give her any jail time,” he said, adding he didn’t agree with that recommendation.

As to whether jail time jeopardized Marlowe’s employment, “The fact that she stole from her last employer might do that too,” said Blum.

He said Marlowe was in a position of trust and stole COVID-19 relief money. “This is completely appropriate to give her a significant amount of jail time.”

Blum said the amount of money taken was large enough to justify a prison sentence, but Marlowe had no previous criminal record, which counted in her favor. He wanted her to pay restitution and said sending her to prison would make that more difficult. Blum also found she has the ability to pay fines and fees.

Blum sentenced Marlowe to two years formal probation and 20 hours of community service, pursuant to the plea agreement, and ordered her to serve 120 days at the Hill Road Jail. She did not previously serve any jail time so has zero time-served credits.

The judge asked Marlowe if she understood and accepted the terms.

Marlowe, who attended the sentencing via Zoom and appeared to be sitting in a vehicle, asked if she was eligible for an alternative work program or home detention.

Blum said those are the sheriff’s programs and so up to that agency, not the court. Thayer said he believed she was eligible for those programs.

In addition to the other terms of her sentence, Blum ordered Marlowe to pay fines and set her turn in date to the Hill Road Jail for 9 a.m. July 27. She also has to report to the Probation Department on Friday.

At Abelson’s request, Blum set an Aug. 3 restitution hearing for Marlowe’s victims.
 
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Wednesday, April 6, 2022

Embezzlement from vulnerable adult leads to guilty plea, probation

by Julie Riddle
 
News File Photo The Alpena County courthouse appears in this August 2021 News archive photo.

ALPENA – A helper who stole thousands of dollars from a man debilitated by a stroke won’t have to serve jail time, thanks in part to the compassion of her victim.

Natasha Kaercher, 33, pleaded guilty in December to embezzling from the bank account of an older man for whom she ran errands and performed other household tasks.

Kaercher’s unapproved withdrawals from the man’s account began shortly after a stroke landed him in a nursing home, public conservator Nicki Janish said at Monday’s sentencing hearing in Alpena’s 26th Circuit Court.

Kaercher’s employer, who knows about the theft, has entrusted her with a managerial position, and Kaercher has worked to be able to pay back most of the more than $20,000 she stole, said defense attorney Julie Miller.

In a statement on behalf of the victim, Janish said the theft has taken away not only the man’s money but also his trust in the people on whom he has to rely for his care.

In a visit to the man at his nursing home last week, Janish had to tell the man he had to sell his house to pay his bills, Janish told the court.

The man told her he was upset about the house, but he was also worried about Kaercher’s children.

“He broke down in tears,” Janish told Judge Ed Black, “and said, ‘I’m not the only victim.'”

Sentencing Kaercher to three years of probation, Black admonished the defendant that sympathy for her children would not keep him from putting her in jail should she violate probation.

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Tuesday, January 11, 2022

Guardianship Destroyed My Family

By Marian Kornicki 

November 12, 2021 was a great day for Britney Spears and a great day for justice when a judge freed her from a conservatorship that controlled every aspect of her life. It was definitely something to celebrate, but it was also a solemn day because Spears had had to endure a more than decade-long nightmare orchestrated by her father and others. It was a solemn day, because there are at least a million other, less famous, individuals who are still trapped in exactly this kind of arrangement.

Guardianship is an alarming threat to everyone’s health and welfare. In secret in a judge’s chambers, one’s rights to make personal and financial decisions can be stripped in moments. It is very widespread, but little known, although because of Britney Spears’ chilling testimony last summer and the persistence of the Free Britney Movement, this practice has been catapulted into the public’s consciousness.  (click to continue reading)

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Sunday, August 1, 2021

Caretaker Of Two Seniors Charged With Stealing Money From Their Bank Accounts


MIAMI, Fla. (CW44 News At 10)– There has been a federal indictment unsealed that charges the caretaker of two seniors with accessing to their bank accounts to steal nearly $300,000.

The indictment alleges that from 2016 to 2019, Sherri Lynn Smith worked as a caretaker for an elderly couple in Broward County.  As part of her duties, Smith had access to the victims’ bank accounts to assist them with paying their monthly bills.  Smith used her access to the victims’ bank accounts to embezzle approximately $300,000 out of the victims’ accounts without their knowledge or consent, according to the indictment.

She accomplished this by writing and forging the victim’s signature on a number of checks made payable to herself, her family members, and her creditors; initiating Zelle electronic money transfers from the victims’ accounts to her own bank account; and making electronic payments from the victims’ accounts to her and her husband’s numerous credit card accounts, it is alleged.

The indictment returned by a federal grand jury on June 8, 2021, charges Smith with 16 counts of bank fraud and 5 counts of aggravated identity theft.

Smith made her initial federal court appearance today before U.S. Magistrate Judge Bruce E. Reinhart, who sits in West Palm Beach.  If convicted, the maximum prison sentences on each bank fraud count is 30 years.

The maximum sentence on each aggravated identity fraud charge is two years.  The case is assigned to U.S. District Judge Aileen Cannon, who sits in Ft. Pierce.

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Sunday, July 25, 2021

Restraining order bars Santa Maria attorney from transfers of property

A Santa Barbara County Superior Court judge on Friday approved a temporary restraining order preventing Santa Maria attorney Debbie Morawski from transferring her stake in a company that runs The Salty Brigade Restaurant located on Skyway Drive and an Orcutt residence she co-owns. - Dave Minsky, Staff

by Dave Minsky

A judge on Friday approved a temporary restraining order barring a Santa Maria attorney accused of fraud charges from transferring ownership of a home and business in a criminal case connected to a Santa Barbara County probate matter filed in 2018.

The order, which was approved by Superior Court Judge James Herman, accompanied a petition for preliminary injunction filed Thursday and prevents transfers of property in an Orcutt residence and Santa Maria business co-owned by Debbie Morawski, 47, who is facing more than a dozen fraud charges connected to a probate case filed April 9, 2018, according to Deputy District Attorney Casey Nelson. 

Morawski on June 28 pleaded not guilty to the charges, which were filed on May 6 and include eight counts of money laundering, three counts of embezzlement and one count each of preparing false evidence and theft from an elder or dependent adult.

Additionally, Morawski denied two enhancements, including that the amount of the embezzlement was in excess of $500,000 and an enhancement that extends the statute of limitations for the case.

The order prevents Morawski from transferring ownership in a newly-acquired residence in Orcutt and her stake in a business that controls The Salty Brigade Restaurant located on Skyway Drive in Santa Maria. The restaurant was shuttered Tuesday with a note taped to the door stating it was closed due to a family emergency.

Because Morawski was charged with a white collar crime, the request was made "to preserve any asset or property" in her control with transfer to a third party for the purposes of paying restitution and fines, if there is a conviction, according to Nelson.

The order also directs Rabobank to immediately disclose account numbers related to Morawski and her husband. 

Morawski entered her plea on the same day as a probate case judgment in the amount of $1,437,318.05 was awarded to Susan Wilcox-Grayum and Betsy Tuttle, who accused Morawski of surreptitiously replacing them as the sole trustee in the estate of their mother, Delta L. Campbell, who died Sept. 13, 2017 at the age of 93.

It was ultimately the probate case that led to the criminal charges, according to a declaration by District Attorney's Office investigator Kristin Shamordola.

Adrienne Harbottle, a Santa Barbara County public defender and attorney for Morawski, did not return calls for comment. 

The case begins with Campbell's original $2 million family trust, which Morawski drafted and notarized Aug. 17, 2011, according to court records. 

Two years later, in August 2013, the daughters accused Morawski of immediately embezzling funds after drafting an amendment that gave her sole control over the trust. 

Accounting filings analyzed by a forensic accountant showed Morawski embezzled more than $500,000, including for personal expenses such tuition payments for her boyfriend's son, trips to Yosemite National Park and self-written checks for "attorneys fees" before she resigned as trustee on March 11, 2020 according to court records. 

The filings analyzed by the forensic accountant showed that Morawski's accounting information allegedly contained misleading statements and labeled the money she embezzled as "trust transfers" to obscure her actions. 

Morawski continued to spend nearly $55,000 from the trust even after the court suspended her authority in a July 29, 2019 order, according to records. 

Morawski is scheduled to appear for a hearing at 8:30 a.m. on Aug. 23 in Superior Court of Santa Maria. 

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Wednesday, June 30, 2021

Michigan woman accused of stealing $23K from mother, brother while they lived in nursing homes

By Brandon Champion

DETROIT – A Detroit woman is accused of stealing more than $23,000 from her mother and brother while they lived in nursing homes.

Kim Carter, 41, faces two counts of embezzlement from a vulnerable adult over $1,000 and under $20,000, felonies punishable by five years and/or $10,000 each, Michigan Attorney General Dana Nessel announced Monday.

Carter was guardian for her mother, who lived in Alpha Manor Nursing Home in Detroit.  It is alleged that Carter used her position as guardian to spend more than $17,000 from her mother’s bank accounts on items not related to her mother while also not paying for her mother’s care at the nursing home.

Carter’s brother lived in Boulevard Manor Nursing Home in Detroit and Carter was his social security representative payee.  It is alleged she used her position as her mother’s guardian to access her brother’s bank accounts and spend more than $6,000 from his accounts on items not related to him or his care.

“Taking on the role of guardian for a family member is most often a noble and compassionate undertaking—but it comes with legal obligations,” Nessel said.

“Getting legal access as guardian to the finances of a family member doesn’t make that account your personal slush fund. We stand ready to take action against anyone who tries to take advantage of those no longer in control of their own finances.”

Carter was charged in the 36th District Court in Wayne County on Thursday, June 24. Arraignment and a probable cause conference are being scheduled by the court.

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Monday, May 3, 2021

Experts: Weak oversight in Probate Court system allows financial abuses

By Mardi Link 

George Pappas, a Harbor Springs WWII veteran, with documents showing accused misdeeds by the conservator a probate court judge appointed to oversee his finances.

HARBOR SPRINGS — Bars of sunshine escaped the December clouds the day police reports say a local woman, Elise Page, drove to Traverse City for an impromptu shopping spree.

First stop was Francesca’s, a women’s clothing store at the Grand Traverse Mall, and bank statements show on Dec. 10 Page then swiped a debit card for purchases at Victoria’s Secret, Carter’s, Old Navy and Target, with an end-of-day stop at Costco.

Court documents and bank statements show, however, none of the money she spent in those stores was hers.

The money, according to investigators, belonged to George Pappas, a 95-year-old World War II veteran who a judge had assigned to Page just weeks before, naming her the legal conservator over his finances.

“I needed a bookkeeper and I got a good recommendation about this lady, that she was someone who could help me out,” Pappas said. “But I didn’t really know what a conservator was. What am I supposed to do with whatever she bought at Victoria’s Secret?”

In December Pappas had gone to City Hall to pay his electric bill, police documents Pappas provided the Record-Eagle show. When his check was returned with a note that said it had been written on a closed account, a utilities clerk grew suspicious and called law enforcement.

Page has since been charged with several felonies in 57th Circuit Court, including embezzlement from a vulnerable adult and using a computer to commit a crime, court records show.

A hearing is scheduled for Monday and her attorney, listed as Jonathan Steffy, did not return a call seeking comment.

But Pappas isn’t the only one who doesn’t understand how probate court appointments work — attorneys and probate court staff say until someone has a family member impacted, confusion over the process is common.

The State Bar of Michigan defines a conservator as someone appointed by a probate court judge to manage another person’s property and finances in the event age, illness or injury preclude the person from handling the job themselves.

A guardian is assigned when the court decides someone is not competent to make their own housing and medical decisions; the same person can legally serve in both roles. A guardian ad litem is an attorney appointed by the court to research the need for a conservator or guardian, or to investigate when something goes wrong.

Elder advocates say even with this investigative option, rules governing probate court appointments have long been weak on oversight and are ripe for abuse, with criminal acts often going undiscovered.

“I’ve been a cop for 33 years, I was a detective downstate and this is the first guardianship or conservatorship case I’ve seen,” said Harbor Springs Police Chief Kyle Knight.

Theft from the vulnerable

Financial abuse by court-appointed conservators and guardians is more common than people know, said Ann Arbor attorney Bradley Geller, who added that a single perpetrator can have dozens, even hundreds of victims.

Knight and Lt. Todd Troxel, a detective with the Petoskey Department of Public Safety, found money missing in at least two conservatorship appointments assigned to Page — Pappas and that of another man, Isaiah Gill of Petoskey, officials said.

Geller, an elder law advocate who wrote a handbook on guardianship and conservatorship, sued the State of Michigan and its probate courts in 2019, for what he says is systemic fraud in the state’s administration of conservatorship and guardianship cases.

In May, a three-judge panel with the U.S. Court of Appeals for the Sixth Circuit dismissed the case, citing a procedural error.

Geller said that doesn’t change the fact that Michigan can be a worst-case-scenario for the thousands of vulnerable adults who every year fall victim to unscrupulous conservators and guardians dodging the rules and gaming the system.

For example, standard probate court protocol is to require a conservator to have a surety bond issued by an insurance company only if the value of the assets they’re managing is large enough to warrant it.

True to form, the order appointing Page as Pappas’ conservator signed Nov. 3 by Emmet County Probate Court Judge Valerie K. Snyder states, “Bond will be considered after inventory is filed.”

Conservators have 56 days to file an initial inventory with the court.

Bank statements and police documents show this lag time allowed Page to close Pappas’ account with Citizen’s Bank, open a new account with 4Front Credit Union, transfer money and receive debit cards in her and Pappas’ name.

Page then used the debit card to withdraw about $10,000 in cash from Pappas’ bank account, bank statements and police documents show, and spend another $3,900 at lingerie, electronic cigarette and fast food retailers, among other purchases.

“Mr. Pappas put his trust in the system and unfortunately the system let him down,” Knight said. “It’s sad and it’s wrong.”

Investigators say Page arrived voluntarily at the Harbor Springs Police Department Jan. 12, where officers had a warrant for her arrest. When Knight confronted Page, saying he didn’t believe the questionable expenditures were accidental, a case supplemental report shows Page responded, “I f---ed up.”

“At this time Page advised me that she took the money and goods intentionally to get caught up with the bills and purchase some items for her benefit,” the supplemental report reads. “Page admitted responsibility.”

If the court had required a bond in advance of the inventory deadline, it would have functioned as a kind of financial guarantee, Geller said. Without one there is no easy or quick way for Pappas to get his money back.

“The abuse is incredible in these cases,” Geller said. “Who knows what disappears in those initial 56 days.”

State: No training? No problem

The requirements to be a conservator in Michigan are few: state law gives probate court judges power to appoint “any competent person over 18 or a professional conservator to serve.”

Professional conservators — those incorporated with the state as a business — also must be competent and older than 18 but the term “competent” is not well-defined, no background checks are required, Geller said, and neither is even the most minimal training, education or certification.

Staff with the Michigan Guardianship Association, a trade group based in Coldwater, said they have no record of Page being a member.

“We frankly have no knowledge of her,” said Marissa Gonczar, board administrator. “To be clear, even if she was a court-appointed conservator, it does not mean she was serving as a professional guardian. A guardian has to meet certain statutory requirements to meet the definition of ‘professional.’”

Gonczar did not elaborate on what those statutory requirements are, but did say MGA would, in theory, support an improvement of the guardianship system in Michigan.

The need for more strict oversight of conservators and guardians has not escaped notice of Michigan Attorney General Dana Nessel, who in 2019 launched the Michigan Elder Abuse Task Force.

More than two decades ago the state’s Supreme Court launched a similar task force, tapping 25 people from the courts, senior services and advocacy groups to serve.

Geller was one and said in 1996 many reforms were discussed, including requiring training and certification as well as surety bonds, yet little of substance was accomplished, he said.

Nessel and Michigan Supreme Court Justice Megan Cavanaugh announced the more recent task force and went on a statewide listening tour in the fall of 2019. They made a stop in Traverse City, where attendees shared personal stories of abuse in conservatorship and guardianship cases.

Nessel’s task force —larger than its 1996 precursor and made up of 80 people from 55 organizations including MGA — has since released its recommendations.

Topping the list: Requiring minimal training and surety bonds for professional guardians.

So far, that hasn’t happened.

“There is legislation with the legislative service bureau to make this a reality,” said AG spokesperson Lynsey Mukoel. “The hope is to have that introduced in the near future.”

A flaw in optional background checks

While Geller said the state does not require background checks of guardians or conservators, documents filed in the Pappas’ case show Emmet County Probate Register Deb Niswander did request a criminal background check on Page.

An investigation by the Record-Eagle found no criminal convictions for Page, though records in Emmet County’s 90th District Court reveal a history of financial lawsuits going back to 2004.

“Any history of financial issues should absolutely be taken into account when considering someone as a conservator,” Mukoel said, when asked about the recent criminal charges lodged against Page.

Page was sued in small claims court by a local florist, Flowers from Kegomic, in 2006 for non-payment, though owner Wendy Kuebler said once the certified letter was mailed, Page came into the store with a check and the case was dismissed.

Schelde’s Restaurant sued Page in 2004, court records show, as did Check and Cash USA. Arrow Financial Services sued her in 2007, that case was dismissed, though the company received a default judgment against Page and her husband, Timothy Page, in 2008, court documents show.

Bayside Family Medicine, Vital Care Home Medical Equipment and Boyne Country Urgent Care also sued the couple in 2009 and 2010, with cases either dismissed, dismissed with prejudice or the disposition wasn’t included in court records.

Midland Funding LLC received a judgment against Page in 2016, the most recent entry regarding Page in district court records.

A criminal background check would not necessarily have flagged these cases, even though they are public record, officials said.

Pappas regains control of his finances

Pappas, who lives independently in an apartment, runs errands in his Toyota Prius and has been known to rake a neighbor’s acreage when the leaves go untended, disputes he ever needed a conservator.

A sergeant in the U.S. Army Air Force’s 341st fighter squadron, Pappas served in the Pacific during World War II, and trained as a radar specialist and a radar mechanic.

In September Pappas said he asked Lisa Cunningham, a social worker with the Veterans Affairs Administration, for help with some very specific tasks — getting the brakes on his car fixed, having some dental work completed and planning for his burial and funeral.

“I needed a little help with a few things, not a complete takeover where my money ended up gone,” he said.

Pappas said Cunningham reached out to the probate court, which sent the social worker a list of conservators and guardians that included Page, then Cunningham visited Pappas at his apartment, discussed the process and filed a petition with the probate court Oct. 1.

In April, court documents show Pappas was able to extricate himself from a court system he says was “asleep at the wheel.”

The conservator appointed to replace Page had filed an objection, though an attorney for Pappas and a guardian ad litem were able to prevail on Pappas’ behalf.

He no longer has a conservator, and now handles his own affairs with the help of a family member who lives downstate, records show.

Pappas said he still is waiting for an accounting of his money, however, and hopes to learn more during an upcoming probate court hearing in June.

“She stole from me,” Pappas said. “She did it a little bit at time, over and over. Now I’m not sure who I can trust.”

Cunningham and Niswander declined requests to comment for this story, citing privacy issues and ongoing litigation.

“She stole from me. She did it a little bit at time, over and over. Now I’m not sure who I can trust.” George Pappas
Full Article & Source:

Friday, August 28, 2020

Disbarred Attorney Sentenced to House Arrest for Embezzlement

Defense attorney James Mason (left) stands with his client, disbarred attorney Jonathan Hull, of Newcastle, during Hull’s sentencing for his embezzlement of funds from two nonprofits, at the Lincoln County Courthouse in Wiscasset on Tuesday, Aug. 25. (Evan Houk photo)
by Evan Houk

Jonathan C. Hull, a disbarred local attorney, pleaded guilty to three crimes related to embezzlement from two nonprofits he served as treasurer at the Lincoln County Courthouse on Tuesday, Aug. 25.

Superior Court Justice Bruce C. Mallonee imposed a fully suspended four-year sentence with two years of probation. Hull will spend the first six months under house arrest.

Hull must also undergo psychological evaluation and treatment during his probation.

Hull, 74, admitted to two felonies and one misdemeanor: two counts of class C theft by unauthorized taking and one count of class D misuse of property. The counts are in relation to embezzlement from the Cheseborough Program and Seven Trees Inc.

The misdemeanor count was unconditionally discharged, meaning there was no sentence for the crime.

The Cheseborough Program facilitates student exchanges between Bath, Maine and Tsugaru, Japan.

Seven Trees Inc. was co-founded by Hull and was the owner and steward of two homes for troubled youth, the Weymouth House in Bristol and the Curtis House in Jefferson, from the late 1970s until the homes closed in 2008 and 2010, respectively.

Hull lives in Newcastle and had practiced law in Damariscotta until an August 2018 suspension that resulted from the charges.

Assistant District Attorney Michael Dumas presented the state’s case against Hull and argued for a four-year sentence with all but nine months suspended, saying Hull’s conduct was “deeply troubling.”

“Professionally, yes, Mr. Hull has paid a price. But that does not erase the harm he has inflicted,” Dumas said.

“The courts have not shied away from imposing periods of imprisonment on other members of the bar who exercise unauthorized control over funds. Nor should this court shy away from doing so today,” Dumas argued.

Dumas detailed the charges, saying Hull embezzled $24,250 from the Cheseborough Program and over $47,000 from Seven Trees Inc. between June 2014 and May 2018.

He acknowledged that Hull incrementally paid back the money and eventually made good on all the funds he took from both nonprofits. He also acknowledged that Hull does not have a criminal record.

Mallonee said each class C felony could carry with it a sentence of up to five years of imprisonment and a $5,000 fine.

After a handful of emotionally charged appeals on Hull’s behalf and an argument from Hull’s Brunswick-based attorney, James Mason, in the courtroom on Tuesday, Mallonee decided against jail time.

Mallonee said the COVID-19 pandemic factored into his sentencing decision, as there is not a death sentence for embezzlement.

“If there were no COVID pandemic, then I think that I would not feel that I had a choice but to impose a jail sentence,” he said.

According to Hull’s disbarment decision from the Maine Supreme Judicial Court in June, he was diagnosed in 2018 with post-traumatic stress disorder connected to his military service during the Vietnam War and has been under medical care for diabetes, high blood pressure, and a sleep disorder.

Hull spoke during the hearing and cited his mental health issues as factors in his unlawful behavior.

Mallonee said Hull’s conduct represented a pattern of behavior, not just a one-off incident, and is a blemish on the reputation of the legal profession.

“Is this a lawyer with a sudden emergency need who met an opportunity and yielded to an uncharacteristic temptation? And that was what I hoped I would see. But it is what I fear I did not see,” Mallonee said.

Mallonee also cited a pending civil case that factored into the Supreme Judicial Court’s June disbarment decision.

Hull is cited in the decision for misconduct involving two former clients, Martha L. Hills, of Swoope, Va., and the estate of Wayne Plummer.

According to a complaint filed with the Maine Board of Overseers of the Bar, in February 2018, Hull improperly charged Hills’ credit card in the amount of $3,480.88, but reversed the charge later that day when contacted by Hills.

The disbarment decision also details how, from 2009-2010, Hull withdrew approximately $47,300 in funds from the estate of Wayne Plummer without explanation. Hull started to repay the estate in 2010, but there is still an outstanding balance.

Mallonee said he was grateful for 17 letters and additional statements from family and colleagues in support of Hull’s character.

Rob Gregory, a Damariscotta attorney who serves as clerk and registered agent with Seven Trees, attended by videoconference and spoke highly of Hull’s character, saying he has known him for 40 years.

Gregory argued against jail time and said Hull showed “only remorse and a desire to provide quick restitution and acknowledge his wrongdoing.”

Rem Briggs, a Newcastle resident and current member of the Seven Trees board who served with Hull beginning in 2007, spoke to Hull’s volunteer and charitable work as co-founder of the organization.

“When I think of Jonathan Hull, the first thing to come to mind are not his mistakes; he is aware of them and made good. What comes to mind first and foremost are the hundreds of troubled youth that Jonathan’s efforts put on the path of recovery and promise,” Briggs said.

Hull’s son spoke by videoconference and Hull’s estranged wife, Gretchen Hull, gave tearful testimony in person, arguing against a jail sentence.

Full Article & Source:
Disbarred Attorney Sentenced to House Arrest for Embezzlement

Saturday, June 20, 2020

AG's office warning of adult abuse after Flint woman found dead weighing 62 pounds

by Blake Keller, AnnMarie Kent

Click to Watch Video
Friday morning Lori Rosebush and Robert Stilwill were charged with first-degree murder and vulnerable adult abuse after Rosebush’s sister Bonnie Fisher was found dead and neglected.

Fisher was found weighing only 62 pounds on June 12.

“She was in very, very terrible condition, she was skin and bones literally,” Genesee County Prosecutor David Leyton said.

Rosebush has also been charged with embezzlement. Leyton says she was receiving money from the state to care for Fisher.

“I believe these people were overwhelmed,” Leyton said. “They didn’t know how to care for this person, they should’ve reached out for help, they certainly shouldn’t have been taking the state’s money to care for her.”

Scott Teter with the Elder Abuse Task Force from the Michigan Attorney General's Office that vulnerable adult abuse almost always involves money.

“What I tell them is when you come on scene and you see signs of abuse or neglect, there will be financial exploitation,” Teter said. “I’ve never seen it fail”

The task force handles more than 73,000 cases of vulnerable adult abuse a year. After light came to this case in Genesee County, they’re sharing warning signs.

“The bottom line is, nobody has direct contact with the older adult because that’s how they control not only the adult but also the ability to perpetuate the secret,” Teter said.

Both Rosebush and Stilwill have entered a not guilty plea in court. No bond was issued for either individual.

Teter believes more needs to be done in Michigan to address this issue.

Full Article & Source:
AG's office warning of adult abuse after Flint woman found dead weighing 62 pounds 

See Also:
Two people charged with murder after Flint woman found dead, weighing 62 pounds

Tuesday, June 16, 2020

Ayudando guardian sentenced to 6 years in federal prison

This 2017 photo was filed as an exhibit in the criminal case against Craig Young, a guardian with the now-defunct Ayudando Guardians Inc. Prosecutors say the framed national guardian certification found by federal investigators in his office was forged. (Source: U.S. District Court)
By Colleen Heild

As a court-appointed guardian entrusted to help New Mexico’s most vulnerable people, Craig Young spent at least $1.4 million of client funds, while drawing an $80,000 yearly salary and seldom reporting for work.

Even his national guardianship certificate was a forgery, federal prosecutors say.

On Thursday, U.S. District Judge Martha Vázquez dismissed his plea for home confinement as punishment and sentenced him to federal prison for the next six years.

“The harm is unspeakable, Mr. Young,” Vázquez said of the near 1,000 victims who lost a total of $11 million in the multi-year embezzlement that involved his mother, Susan Harris, his stepfather and a family friend – all employees of the nonprofit firm based in Albuquerque.

Susan Harris, 73, was founder and president of the now-defunct Ayudando Guardians Inc.

As the boss’s son, Young regularly used the company credit card for personal expenses, but claimed he didn’t know that client trust funds and savings were paying for his luxurious lifestyle that included a home in Tanoan, seats at the Final Four basketball tournament and casino gambling.

Young, 54, pleaded guilty last November to two conspiracy charges in the high-profile federal prosecution that helped spur state lawmakers to reform the state’s guardianship system in recent years.

During a four-hour hearing streamed online on Thursday, Vázquez lamented the “extraordinarily vulnerable victims” who lost their financial lifelines in the scheme that dated back to at least 2010.

Some clients, deemed incapacitated by the courts, had physical limitations, others had mental difficulties handling their finances and all relied on Ayudando, which the judge noted was Spanish for “helping.” Others who weren’t wards of the state opted to put their savings and trust funds in the company’s hands for safekeeping.

“You were their link,” the judge said. “You failed to protect. You failed them.”

At issue during Thursday’s hearing was whether Young knew the funds he was receiving came from client accounts.

Ryan Villa, Young’s attorney, asked for 12 months of home confinement, with three years’ supervised release. Prosecutors recommended 15 years in prison.

Villa told the judge that, for a “very long time,” Susan Harris and family friend, Ayudando chief financial officer Sharon Moore, “were able to fool the entire world and the New Mexico community of lots of very, very smart attorneys, judges and clients” that their financial operations were legitimate.

Young was among those “tricked,” his attorney said.

“All he knows is he’s getting money … and obviously it’s too much money to be lawful, but that doesn’t mean he knows it’s stolen from clients,” Villa told the judge. “He didn’t know, he didn’t inquire, he didn’t do what he should have done as a fiduciary.” Young was also on the nonprofit’s board of directors.

Young told the judge before sentencing that he was sorry and hoped to repay some of what was stolen from clients if he could continue working in the community.

“I’ve always tried to be a nice guy,” said Young, who admitted to having a gambling addiction. “I feel horrible, I really do. I didn’t even really call them my clients. They were my friends. I loved those guys.”

Prosecutors contended Young lived a carefree existence courtesy of Ayudando, one of the most prominent providers of social services in New Mexico. “He could work without so many of the burdens that weigh upon most social workers,” stated the U.S. Attorney’s Office in a sentencing recommendation.

With a yearly salary more than twice that of other Ayudando’s guardians, Young didn’t have to worry about how to pay for his mortgage on his home in Tanoan, his new Jeep, his recreational vehicle, his vacations or his meals, the recommendation stated.

“As he knew well, Ayudando money paid it all and all the money came from the extraction of millions of dollars from hundreds of disadvantaged and disabled people,” stated the prosecutors’ recommendation.

Young’s mother was the “ringleader” of a “deeply corrupt scheme” inside what appeared to be a family-owned charity operation, prosecutors have said.

His mother “surrounded herself with a core group of people” that included Moore, Young and her husband, William Harris, that “she could trust with a terrible secret.” Each lived for years on client money.

Harris and her husband, who entered guilty pleas last year in the embezzlement conspiracy, fled New Mexico before they could be sentenced in the case March 2. They were captured in mid-April in Oklahoma and returned to New Mexico. Neither has been sentenced.

Moore, who is serving a 20-year sentence, “cooked the books,” Villa said. She is accused of covering up the fraud and forging documents submitted to auditors.

“Virtually every client to walk through the door into Ayudando’s offices lost their money to the defendants’ greed,” stated the prosecutors’ sentencing recommendation.

Vázquez told Young that though the legal issues in the case “were difficult, the fact remains that you were not living within your means. You were using your company credit card as a slush fund.”

Villa said the government had no evidence that Young was involved in any of the transfers of client money for personal use.

Prosecutors argued that Young’s employment as a guardian provided a pretext for him to obtain a huge stream of benefits from the company.

They noted his lapsed certification by the National Guardianship Association. When federal investigators searched his Ayudando office, they found he had prominently displayed a forged guardianship certificate showing his certification was current until 2018. It expired in 2011.

“He wasn’t an asset to the business: he carried only half a caseload and his clients complained about him constantly. He never answered his work phone, so his voicemail was full. He never checked his email; his desktop computer didn’t even have a mouse attached to it,” the U.S. Attorney’s Office stated in its recommendation.

“Co-workers reported that he was rarely at work,” stated the U.S. Attorney’s Office, “and it was widely believed he was usually at casinos.”

Assistant U.S. Attorney Jeremy Pena told the judge Thursday that even after Young’s mother and Moore were initially arrested in July 2017, and the scheme exposed, Young misled federal investigators and quickly sold a $90,000 recreational vehicle purchased with client funds.

Instead of returning those funds to victims, Young lived on the $37,000 proceeds from that sale, and continued living in his home in the gated Tanoan community in Albuquerque for another year.

“He offered himself up as a person to make life-and-death decisions for his clients,” Pena told the judge. “That is the standard we have to hold him to at this juncture.”

Full Article & Source:
Ayudando guardian sentenced to 6 years in federal prison

Thursday, April 16, 2020

Fugitive couple involved in Ayudando Guardians case arrested in Oklahoma



ALBUQUERQUE, N.M (KRQE) – A couple who stole from veterans and people with disabilities in New Mexico have been arrested in Shawnee, Oklahoma on Wednesday. According to a release, US Marshals arrested New Mexico fugitives and Ayudando principals Susan and William Harris with the assistance of the Bernalillo County Sheriff Department.

Susan and William Harris were supposed to be sentenced in March as part of the Ayudando Guardians Inc. case, but they didn’t show up. Ayudando was one of the state’s largest guardianship firms which helps people pay their rent and other bills.

Susan Harris who was president at the time along with her husband used their client’s money as part of the fraud scheme and money laundering conspiracy. According to court records, the stolen funds were used to pay off more than $11 million in credit card charges incurred by the defendants and their families.

Statement of U.S. Attorney John C. Anderson on arrests of Susan and William Harris by U.S. Marshals Service in Oklahoma:
“In keeping with its highest traditions and revered reputation, by tracking and apprehending these fugitives the United States Marshals service has demonstrated once again that any attempt to flee from justice is a fool’s errand,” said USA Anderson. “Thanks to the dedication of the Marshals Service, these defendants will face sentencing for their crimes, and their victims will be afforded some measure of closure to the lengthy ordeal they have endured. I also thank the Albuquerque and Oklahoma City divisions of the FBI, IRS-Criminal Investigation, the U.S. Attorney’s Office for the Western District of Oklahoma and the Bernalillo County Sheriff’s Office for their assistance in the fugitive investigation.”U.S. Attorney John C. Anderson
Full Article & Source:
Fugitive couple involved in Ayudando Guardians case arrested in Oklahoma

Sunday, March 8, 2020

Augusta County woman pleads guilty to embezzlement, financial exploitation

AUGUSTA COUNTY, Va. (WHSV) — An Augusta County woman has been ordered to pay back an elderly family member she financially exploited and a high school organization she embezzled from.

In court on Thursday, Kelly Blackwell pleaded guilty to three charges of embezzlement and one charge of financial exploitation of a mentally incapacitated person.

Several other charges against Blackwell – two counts of issuing bad checks and two counts of credit card theft – were dropped due to issues surrounding evidence of the crimes.

The charges to which Blackwell pleaded are each felonies and each carry 10 years in prison.

However, Blackwell's prison sentence has been suspended to allow her to instead pay restitution in full.

The court ordered her to pay back $36,365 to an elderly family member. According to her charges, while legally granted power of attorney for him, she convinced him to obtain a loan against a home he owned. The charges related to accusations of taking credit cards and using them for fraudulent purchases were dropped. That elderly family member is now at risk of losing his home.

Blackwell was ordered to pay back $15,901.36 to the Buffalo Gap Quarterback club. She served as treasurer for the club from January 2017 to December 2018. During that time, she admitted pocketing thousands of unaccounted concession stand sales. Blackwell had reported to the club that their bank account had around $15,000 in it, but after checking the accounts, the club saw there was actually less than $50.

Blackwell will have to pay back at least $500 a month to her elderly family member so he does not lose his home and at least $100 a month to Buffalo Gap. She gets five years to pay back both amounts in full.

If that restitution goal is not met, Blackwell will be ordered by the court to serve her prison sentence.

As part of the plea agreement, Blackwell also cannot serve as a caretaker, guardian or power of attorney for any incapacitated person in the next 10 years.

She'll face a restitution review on August 14.

It's still unclear to the court why she took the money.

Full Article & Source:
Augusta County woman pleads guilty to embezzlement, financial exploitation

Tuesday, March 3, 2020

Warrants issued for couple guilty in guardian fraud case

SANTA FE, N.M. (AP) - A federal judge issued bench warrants Monday for the former president of a now-defunct nonprofit that provided guardianship services for vulnerable and special needs clients and her husband after they both failed to appear for sentencing for money laundering and other crimes.

Susan Harris, 73, was facing a minimum of 30 years in prison while her husband, William Harris, faced seven years for crimes related to the embezzlement of an estimated $10 million.

As one of New Mexico’s largest guardianship firms, Ayudando Guardians Inc., was shuttered by federal authorities in 2017 after the embezzlement was exposed. Some of the more than 800 victims who lost money were expected to address the court as the hearing continued Monday.

Defense attorneys told U.S. District Judge Martha Vazquez they could not reach the couple by phone Monday when they failed to show up for court.

The couple had been free pending sentencing after surrendering their U.S. passports and putting up their home in an affluent Albuquerque neighborhood as security.

Two other defendants did appear for sentencing. They are former chief financial officer Sharon Moore and Harris’ son Craig Young.

Federal prosecutors say the defendants used client trust, savings and other funds to finance a lavish personal lifestyle that included luxury vacations, and upscale homes and vehicles.

Full Article & Source:
Warrants issued for couple guilty in guardian fraud case

See Also:
Who guards the guardians?: Judge vows to fight for clients who lost trust funds

Guardianship company closed, U.S. Marshals Service says

Lawmaker: Guardian system ‘turned ugly’

Wednesday, February 19, 2020

Crooked caretakers: ‘Easier than you think’ to steal from the vulnerable



GRAND RAPIDS, Mich. (WOOD) — A Grand Rapids woman is under investigation again for allegedly taking thousands of dollars from the bank account of a vulnerable adult for whom she served as guardian and conservator.

Margaret Freund is already on probation after a conviction in Muskegon last year for a similar embezzlement complaint. At last check, the Kent County prosecutor is reviewing the police report involving the new allegations to determine if a criminal case can be made.

A family member of the alleged victim, who said she’s an accountant, reported finding mysterious withdrawals in the thousands of dollars when reviewing financial statements.

“Where some expenses were legitimate and other expenses were not and it popped right out,” the family member said.

Freund was removed as the alleged victim’s guardian and conservator last spring after Adult Protective Services reported that there was “significant financial exploitation.”

Freund said she has done nothing wrong, that all the money has been accounted for and that she has cooperated with the Michigan State Police investigation.

SYSTEM IS REACTIVE, NOT PROACTIVE


In the recent case involving Freund, the alleged victim was able to spot that something was wrong and call Adult Protective Services.

“It’s a rare set of circumstances, honestly, where the ward would be in a position to identify possible financial exploitation,” Scott Teter, head of the Michigan Attorney General’s Financial Crimes Division, said.

That’s because in order for a court to appoint a guardian or conservator, it has to declare people are no longer able to take care of themselves and their property, making them wards of the court. The probate judge then appoints a guardian to take care of the ward’s general needs and a conservator to handle finances. Sometimes, one person takes both those roles, giving the guardian control over personal and financial decisions.

Teter said it’s “easier than you think” for rogue guardians and conservators to steal from wards.

He said spotting exploitation is often left up to family members, but noted that “most families don’t have the resources to do that.”

The system, he said, is set up to respond to complaints, not search for evidence of exploitation.

FLAWS IN THE LAW


The Michigan Legislature tried to create some safeguards, but there are holes in the law that can let abuse slip through.

For example, conservators have to file an annual financial report, but guardians don’t.

Additionally, the financial report itself doesn’t require any receipts or backup documentation to account for the money.

“It’s basically just a State Court Administrator document that says, ‘This is where it went,'” Teter said.

The system was set up expecting judges would check the financial reports, but it doesn’t look like that always happens.

“We’ve had complaints in cases where I’ve looked back and it was pretty clear the judge has not reviewed them in detail,” Teter said. “I’ve seen other times where judges have said, ‘I noticed an irregularity'” and took action.

Another problem: Right now, anybody can be a guardian or conservator.

“You could be stocking … at Walmart yesterday — no offense to those folks — but today you could be a guardian if the judge appoints you,” Teter said. “That’s it. There’s no training required. There’s no certification. There’s nothing.”

FIXES PROPOSED


Teter is part of Michigan Attorney General Dana Nessel’s Elder Abuse Task Force, which is writing changes it wants the Legislature to adopt to fill the holes in the system.

The task force wants guardians as well as conservators to file annual financial reports and include documentation of any expense over $1,000. It wants to require training, certification and background checks for guardians and conservators.

Bills are expected to be introduced soon in the Legislature and Teter said the recommendations have bipartisan support.

Teter said being a guardian and conservator is “very difficult” and that there are a lot of people who “do a really good job.” But he thinks the system needs repair to weed out crooks who could take advantage of the vulnerable people for whom they are responsible.

Full Article & Source:
Crooked caretakers: ‘Easier than you think’ to steal from the vulnerable

Thursday, February 6, 2020

PAMLICO CO: Pastor found guilty of embezzlement, elderly exploitation

PAMLICO COUNTY, NC (WITN) - A pastor was found guilty of embezzling more than $100,000 from an elderly woman here in Eastern Carolina.

Thomas Steele, 63, a pastor at New Life Baptist Church in Concord, was convicted Friday on embezzlement charges and four counts of exploitation of an elderly adult.

District Attorney Scott Thomas says Steele took more than $120,000 from an elderly woman from Grantsboro in the month's after her husband's death.

The victim, who is now 85, testified that she did not authorize for Steele to take her money and did not know that he had access to her accounts. Thomas says a family friend noticed the suspicious activity and reported it to law enforcement.

"This case demonstrates the importance of being aware of our older relatives and friends," said Thomas.

Steele was sentenced to up to 8 years in prison. He was also ordered to pay restitution of more than $123,000 to the victim.

Full Article & Source:
PAMLICO CO: Pastor found guilty of embezzlement, elderly exploitation

Wednesday, November 6, 2019

Ex-Wichita attorney who stole from bankrupt clients gets prison in embezzlement case

By Amy Renee Leiker

A former Wichita attorney who stole hundreds of thousands of dollars from his bankrupt clients was sentenced Tuesday to three years in prison.

Christopher O’Brien, 69, must also pay $603,000 in restitution, U.S. Attorney Stephen McAllister said in a news release.

O’Brien pleaded guilty in March to one count of embezzling from the bankruptcy estate of Roger and Marcia Altis. The Eureka couple told The Eagle earlier this year that the money O’Brien stole was supposed to go toward their debt after financial troubles at their family’s oil field business forced them into bankruptcy in 2010.

But instead of paying the bills, they said, O’Brien dragged out their case, ultimately pocketing $132,447.31 in proceeds from a business asset auction. The Altises nearly lost their home in a tax sale earlier this year due to the theft.

And, they told The Eagle, they still don’t know what happened to a $350,000 check O’Brien received after an oil lease was sold.

The amount stolen from the Altises makes up part of the more than half a million in restitution U.S. District Judge John Broomes ordered O’Brien to pay during his sentencing hearing.

He also has agreed to turn over $554,889 to the bankruptcy estate of a Wichita machine shop called Machining Programming Manufacturing Inc. that he stole from between 2010 and 2012 and $51,500 to a group of Hawker Beechcraft retirees who hired O’Brien in 2013 to file a claim on their behalf in the company’s bankruptcy case.

Hawker reimbursed the retirees for their attorney’s fees, but O’Brien kept the money for himself instead of returning it to his clients, according to his plea agreement.

O’Brien, in six pages of typed testimony filed as an attachment to an Oct. 4 sentencing memorandum, described a more than 25-year pattern of embezzlement from law firms and clients to feed his “lust for money and to keep my image up.”

His handling of more recent Chapter 11 bankruptcy cases amounted to a five-year Ponzi scheme where he used “money from the next case to pay the creditors from the old case,” the testimony says.

Meanwhile, he lavished his family with expensive trips and weddings, a costly home renovation, season sports tickets and a country club membership.

“I justified my actions always saying that I was going to pay it all back,” he wrote in the testimony, “but I was always in the hole.”

O’Brien voluntarily surrendered his law license in 2015. He was disbarred two weeks later.

Full Article & Source:
Ex-Wichita attorney who stole from bankrupt clients gets prison in embezzlement case

Read more here: https://www.kansas.com/news/local/crime/article236251503.html#storylink=cpy