Bill removing statute of limitations of elderly abuse, exploitation makes voting file

GUAM—With the support of his legislative colleagues, Democrat Senator Dwayne T.D. San Nicolas successfully moved Bill No. 243-37 (COR) onto the third reading file during regular session on July 2 at the Guam Congress Building in Hagåtña.

Bill 243-37 will remove the statute of limitations for financial and property exploitation of an elderly person or individual with disability, should it pass into local law. According to the National Council on Aging, up to five million older Americans are abused every year, and the annual loss by victims of financial abuse is estimated to be at least $36.5 billion. The council also states that in about 60% of elderly abuse incidents, the perpetrator is a family member, usually the spouse or the children of the victim.

“The number of exploited elderly is astounding and justifies the creation of legislation to combat this issue,” said San Nicolas, author of Bill 243-37, a first of its kind in the nation. “All of these findings by the National Council on Aging are alarming, something which our manåmko’ and persons with disabilities need to be protected from by putting the law on their side. Financial exploitation of our manåmko’ and individuals with disabilities is a heinous crime that should not have a statute of limitations.”

If enacted into Guam law, this legislation will remove the statute of limitations in cases of elderly and disabled individuals’ financial exploitation and abuse. With this legislative measure, elderly and individuals with disabilities, victims of financial exploitation and abuse, will be able to pursue justice without the added worry of a deadline to file a lawsuit.

“As a government entity that serves the people, the Guam Legislature needs to enact legislation that would protect and help the manamko’ and people with disabilities find justice in incidents of financial exploitation and abuse,” he said.

Moreover, Guam Attorney General Douglas Moylan endorsed the bill during its public hearing on April 1.

“It’s about time,” said Moylan at the April 1 public hearing. “In our court system, there are too many of our manåmko’ that are being found out in guardianship cases and in probate cases that their lifetime savings have been taken from them, especially from their own family members that are ‘caregivers’. As we age everybody’s memories through the natural process become not as sharp as they used to be. I applaud the sponsor of the bill, Senator San Nicolas, for taking up this challenge. Our code is in need of protection right now. Our manåmko’ are in need of protection out there. They need to have the tools to do that. We, the AG’s office, fully endorse it.”

This shall become effective upon enactment. (PR)

Full Article & Source:
Bill removing statute of limitations of elderly abuse, exploitation makes voting file

Retired Judge Reprimanded

Retired judge Steven S. Unpingco received a formal reprimand from the Supreme Court of Guam following allegations that he acted angrily and aggressively while on the bench.

The charges filed against Unpingco mark the first time formal charges were filed against a judge, it's also the first time a judge was publicly reprimanded by the Supreme Court, said Joshua Tenorio, director of policy, planning and community relations for the Judiciary.

The order from the court states that the reprimand was due to Unpingco's "failure to remain fearless of public clamor, patient and courteous through language he used in court documents filed in the Superior Court of Guam.

In a court filing dated July 31, 2013, the Supreme Court's Committee on Judicial Discipline accused Unpingco of judicial misconduct during his tenure as a judge.

An unidentified person filed a written complaint with the office in 2010, alleging misconduct by Unpingco between March 2005 and January 2006.

Unpingco is accused of being angry and discourteous while on the bench, and of making disparaging remarks about another judge.

There were four allegations included in the list of charges, which all state Unpingco "failed to remain temperate, courteous and/or fearless of public clamor."

Full Article and Source:
Court reprimands retired judge

Heir Says Lawyers Pulled a Fast One

An heir of the founder of DHL Express claims his trust fund dwindled from $90 million to $12 million after his attorneys and trustee increased the attorneys' contingency fee to 56 percent without his approval. And he claims that the attorneys increased guardianship payments to his grandparents to "the tune of hundreds of thousands of dollars" to keep them from protesting.

Junior Larry Hillbroom sued attorneys Barry Israel and Keith Waibel in U.S. District Court in the Northern Mariana Islands, Hagatna, Guam. Both lawyers were admitted to the California Bar; Israel lives in Santa Barbara and Waibel in Guam, according to the complaint.

Larry Hillblom, the co-founder and former owner of DHL Express, died in an airplane crash in May 1995, leaving behind four children and an estate worth about $550 million, according to the complaint.

Junior - whose name is listed as Hillbroom in the complaint, which refers to him throughout as Junior - was a pretermitted heir, living in poverty in the Republic of Palau at the time of his father's death.

He learned in mid-1995 that he was entitled to a portion of the estate. In the spring of 1997, Junior proved that Hillblom was his father through DNA testing, and was issued an heirship settlement entitling him to 15 percent of the estate.

Junior says he did not become aware that the defendants drained so much money from his trust until Nov. 10, 2006, when he met with an FBI agent in San Francisco. After that meeting, Junior says, he discovered for the first time that his "ultimate recovery after the attorneys deducted their inappropriate fees and unsubstantiated costs from his approximately $90 million settlement of the Hillblom probate case was only about $12 million."

Junior seeks special damages, forfeiture of attorney's fees, and restitution for legal malpractice and fraud. He is represented by Mark Hanson of Saipan.

Full Article and Source:
Lawyers Pulled a Fast One, DHL Heir Says