She trusted her financial advisor with everything. Then he stole $300K.

By Karin Price Mueller 

He promised to take care of her money.

Pay her bills.  

Help her with investments to make sure her money would last.

Instead, he siphoned more than $300,000 from the 90-year-old woman’s accounts. Rather than pay her bills, he used the funds to pay his own, prosecutors alleged.

What John Boston, once a legit financial advisor from Verona, did to his victim is a classic case of elder fraud.

He’s now facing five to 10 years in state prison and a fine of up to $150,000 after his convictions for theft, prosecutors said. Sentencing is later this summer.

“Cases like this demonstrate the devastating impact financial exploitation can have on older adults and their families,” Acting Insurance Fraud Prosecutor Bernard Cooney said in a statement.

The Attorney General’s Office spotlighted the case last week in recognition of World Elder Abuse Awareness Day.

The victim was newly flush with cash after inheriting “substantial assets” when her brother died.

Prosecutors alleged Boston, 50, signed a contract with the victim to manage her assets and her financial affairs. He was indeed a registered financial adviser, but he never told his employer, and he never registered the woman as a client — as required by the Financial Industry Regulatory Authority, or FINRA.

He convinced the woman to give him a durable financial power of attorney, a document to grant permission to a trusted person to manage your money if you’re ever incapacitated and unable to make your own financial decisions.

Instead of working for her best interests, Boston took out funds through a series of ATM withdrawals, bank transfers and other transactions, prosecutors said. He diverted her Social Security benefits for his own personal use, they said.

It took less than two years.

Elder abuse can come in many forms, but we’re going to stick to financial exploitation here. It causes $28.3 billion in losses annually, a staggering number reported by the National Council on Aging. It defines elder abuse as “an intentional act or failure to act that causes or creates a risk of harm to an older adult.”

Elder financial abuse can happen to anybody, and it’s not only traditional scammers at work.

“Perpetrators can range from close family, extended family, caregiving staff, or strangers,” according to the New Jersey State Library. “They may take money without permission, fail to repay money they owe, charge too much for services, or not do what they were paid to do.”

Elder financial abuse is vastly underreported, the National Adult Protective Services Association said.

Only one in 44 cases is actually reported, it said, and 90% of cases involve family members or others who are trusted — like a trusted financial advisor.

People often don’t report financial losses from fraud because they’re embarrassed. We’ve seen that happen time and time again.

But you can help to protect your loved ones by looking out for some red flags. These 14 warning signs are offered by the American Bankers Association. Look out for:

1. Unusual activity in an older person’s bank accounts, including large, frequent or unexplained withdrawals
2. Changing from a basic account to one that offers more complicated services the customer does not fully understand or need
3. Withdrawals from bank accounts or transfers between accounts the customer cannot explain
4. A new “best friend” accompanying an older person to the bank
5. Sudden non-sufficient fund activity or unpaid bills
6. Closing CDs or accounts without regard to penalties
7. Uncharacteristic attempts to wire large sums of money
8. Suspicious signatures on checks, or outright forgery
9. Confusion, fear or lack of awareness on the part of an older customer
10. Checks written as “loans” or “gifts”
11. Bank statements that no longer go to the customer’s home
12. New powers of attorney the older person does not understand
13. A caretaker, relative or friend who suddenly begins conducting financial transactions on behalf of an older person without proper documentation
14. Altered wills and trusts

If you see something suspicious, you can report it to several different agencies.

Start with Adult Protective services at (855) TELL-APS, or you can see a list of county offices here.

For investment and banking scams, contact the state Bureau of Securities by phone at (866) I-Invest or email at njbos@dca.lps.state.nj.us. You can also file a complaint online.

The Medicaid Fraud Control Unit handles cases involving Medicaid recipients and fraud, theft, or abuse in health care settings. You can email NJMFCU@njdcj.org or call (609) 292-1272. The state Long-Term Care Ombudsman will handle exploitation in nursing homes and assisted living facilities. Call 1-877-582-6995 or email ombudsman@ltco.nj.gov.

Let’s all work to help prevent fraud and take care of our loved ones and neighbors. 

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She trusted her financial advisor with everything. Then he stole $300K. 

Raleigh County Commission on Aging sheds light on elderly abuse

Statistics show that elderly abuse is a growing problem in the United States.

According to the National Council on Aging, one in 10 Americans ages 60 and older experience some form of abuse.

To spread awareness about this problem, the Raleigh County Commission on Aging hosted its 13th annual elderly abuse conference.

Guest speakers at the conference say there have been more cases of elderly abuse now compared to years past.

“We probably make a referral every two or three months to Health and Human Resources of something that we suspicion,” Jack Tanner, Executive Director of Raleigh County Commission on Aging, said.

But cracking down on elderly abuse is difficult. Some cases go undocumented altogether.

“Certainly in a lot of cases it goes under-reported,” Crystal Foley, a social worker at Raleigh County Commission on Aging, said. “We have a lot of cases that are reported, but it gets so under-reported that, as this last speaker was talking, for fear of retaliation.”

But elderly abuse is not just physical abuse. It’s also financial, mental and emotional abuse.

“Financial exploitation in elderly is really easy to do,” Foley said. “They’re so trusting. They get to the point where they can’t write checks anymore, they can’t see to pay their bills any longer, so they ask somebody to help them.”

Tanner says combating the problem is about education and empathy, and it starts with younger generations.

“We need to recognize the need to educate all of our young folks,” he said. “The circumstances of our elderly and what could be going on that you never have an opportunity to see.”

Foley agrees with Tanner.

“You have to know what you’re looking for,” she said. “We need to know where to report it if you do see it. There’s just a lot of things that come together to create that puzzle, and we all want those pieces to fit for everybody.”

If you or someone you know has been a victim of elder abuse, you can call the Health and Human Services hotline at 1-800-677-1116.

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Raleigh County Commission on Aging sheds light on elderly abuse

Bills would help combat elder abuse

Kate Klunk

According to the National Council on Aging, one in 10 Americans aged 60 or older has been the victim of some form of elder abuse. Some estimate that as many as 5 million senior citizens are abused each year. Another study estimated that only one in 14 cases of abuse are reported to authorities.

Chances are great you are related to or know someone who is a victim of this despicable crime.

To further combat elder abuse, I have teamed up with three colleagues to draft a package of legislation. We have circulated the co-sponsorship memos for these important bills and anticipate introducing them shortly. My bill will address using social media to share images of elderly patients.

Over the years, there has been numerous reports of care providers posting inappropriate images of elderly patients online. In one report, a nursing assistant recorded video of a 93-year-old Alzheimer’s patient in nothing but her bra. This video was then uploaded to social media – an undignified post for anyone to see.

As the granddaughter of a dementia patient, I take great offense to these actions as that woman could have been my dear “Mamaw.” That woman could have been your mother, grandmother or great grandmother.

In another case, humiliating images of an elderly patient covered in feces were taken and posted to social media by a care provider in Iowa.  In that case, the law, unfortunately, hadn’t kept up with technology. The care provider wasn’t criminally charged because the images didn’t meet the definition of sexual exploitation because none of the photos actually showed restricted content, such as the patient’s genitals.

This case is exactly why we need to update our laws so those who post these horrific images are dealt with appropriately. Our seniors deserve better and deserve to be protected by the law.

My bill would make it a misdemeanor for employees of care providers to post pictures of care dependent individuals without their permission.

The additional bills in the package would amend the Health Care Facilities Act to allow residents or representatives of residents to place electronic monitoring devices, such as cameras, in rooms with appropriate notices and consent of the facility and other residents.  Another bill would add a definition of financial exploitation to the Older Adult Protective Act. It would also establish a private right of action for certain financial crimes and add a $100 fee to those proceedings to create a Senior Trust Fund at the state Department of Aging.

Finally, the fourth bill would allow for concurrent jurisdiction for the Attorney General during financial exploitation investigations of care dependent individuals.

Elder abuse has increased over the past few years. Though I am working in the state House to combat elder abuse, there are some steps that can be taken to prevent the abuse from happening and it all begins with education. With June being Elder Abuse Awareness Month, I want to share information about elder abuse.

Elder abuse includes physical, emotional and sexual abuse, as well as exploitation, neglect, and abandonment. Perpetrators range from a victim’s children and spouses to staff at nursing homes, assisted living, and other facilities. Scammers who prey on the elderly are also perpetrators of elder abuse.

Signs of abuse are isolation, weight loss, bruises or broken bones, increased confusion, unusual withdrawals from bank accounts and signing over a home to another person. 

My office regularly partners with the York County District Attorney’s Office at outreach events where we provide seniors and their family members with fraud and abuse prevention tips. Some tips I want to share with you include; staying active in the community and with friends, as this will decrease social isolation; take care of your health; do not give out personal information over the phone; review your will and bank accounts periodically; open your own mail; and seek independent advice from someone you trust before updating or signing legal documents.

If you are the victim of elder abuse, or if you suspect someone you know is a victim, please don’t hesitate to report it. Report incidents to your local police department by calling 911 or call the 24-hour abuse hotline at 1-800-490-8505. 

Rep. Kate Klunk is a Republican from Hanover.

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Bills would help combat elder abuse

Madison County community leaders announce elder justice initiative

EDWARDSVILLE – Chief Judge Dave Hylla, Sheriff John Lakin and Madison County State’s Attorney Tom Gibbons on Tuesday announced the inception of the Madison County Elder Justice Initiative.

The combination of the aging population becoming a larger percent of our population, along with the issues of abuse and access to justice, have led to the creation of the Madison County Elder Justice Initiative (MCEJI) and a review of court services and law enforcement efforts available to serve this segment of the population in Madison County.

The Madison County Elder Justice Initiative seeks to ensure better access, protection, support, and justice for senior citizens in Madison County, including those who have experienced any form of abuse, neglect, or exploitation.

This collaborative partnership between local law enforcement, county government agencies, elder protective services, and senior community advocates works to identify and address common barriers in a variety of areas related to the aging population in the community – from improving court accessibility, to enhancing the effectiveness of investigation and prosecution of crimes against some of our most vulnerable residents.

The National Council on Aging reports that 1 in 10 Americans over the age of 60 have experienced some form of elder abuse, but only 1 in 14 cases of abuse are reported to authorities. The first step in this process is to begin an education initiative designed to enhance the public’s awareness of abuse, exploitation, and neglect of elder persons; promote a better understanding of the cultural, social, economic and demographic processes which affect elder abuse; and identify steps we can take as a community to identify and prevent cases of elder abuse.

To assist with navigating the Court system, the Elder Law & Justice Division strives to provide seniors with later docket times, accessible courtrooms, and consolidation of cases, as needed.

“I am proud that our Judges in Madison County are joining with law enforcement to take more steps to assist the elderly and continue to give them the dignity and respect they so much deserve,” said Hylla.

Hylla, Lakin and Gibbons announced the creation of the MCEJI on Friday afternoon at the “2017 Understanding Elder Abuse: Protect Our Seniors” Conference at Senior Services Plus in Alton. This public event, hosted by the Third Judicial Circuit Family Violence Prevention Council, Oasis Women’s Center, Senior Services Plus, Madison County State’s Attorney’s Office, Alton Police Department and AARP, provided attendees with information to heighten awareness about elder abuse and increase the ability to recognize and report incidents, including a presentation by Circuit Judge Barbara Crowder and Gibbons.

“As public servants, it must always be our mission to work together for the benefit of the citizens we serve. This collaboration brings together a multidisciplinary team dedicated to enhancing access to justice on all levels for seniors,” Gibbons said. “We are fighting together every day to make our justice system work for you!”

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Madison County community leaders announce elder justice initiative

An Age for Justice: Confronting Elder Abuse in America

 An Age for Justice; Elder Abuse in America, a video produced by the Elder Justice Now campaign, shows the families and individuals whose lives have been turned upside down by elder abuse.

The video provides stark proof of the financial, emotional, and phsycial and psychological impact of the violence and abuse that an estimated five million Americans face every day. We hear from Vicki Bastion, 92, who installed a security gate inside her home to protect herself and what valuables she had left from her grandson and his gang‐related friends; Betty Beckles talks about her daughter beating her; Bob Lee tells us about his father, who was victimized by a paid caregiver causes depression that contributed to his death; and Pat Smith tells us about her husband, who has Alzheimers disease and was victimized financially by a young woman in Las Vegas who walked with $750,000.

The video was produced by the National Council on Aging and WITNESS, to shine the light on what one interviewee called a dark mark on our humanity.

Source:
An Age for Justice: Confronting Elder Abuse in America

Awareness Day aims to end financial abuse of the elderly

Marking World Elder Abuse Awareness Day next week, hundreds of awareness and information sessions will take place throughout the United States, and across the globe, observing the theme of “Understand and End Financial Abuse of Older People: A Human Rights Issue.”

“As we see the proportion of elderly increase in all societies, the strain on the usual forms of care becomes intense,” said Dr. Christiaan Morssink, executive director for the United Nations Association of Greater Philadelphia.

“In such scenarios, the opportunity to exploit the frailty of the elders among us increases.

Heartbreaking stories can be told from police and medical records in each country on this planet. It is with a bit of sorrow that I need to applaud the United Nations and the world community for declaring a World Elder Abuse Awareness Day,” said Morssink.

In 2002, the United Nations General Assembly, in its resolution 66/127, designated June 15 as World Elder Abuse Awareness Day. Elder abuse is a global social issue which affects the health and human rights of millions of older persons around the world, and an issue which deserves the attention of the international community.

Statistics from the National Council on Aging show that 1 in 10 Americans 60 and older have experienced elder abuse, and there is broad consensus that the crime is significantly under-reported. One study estimated that only 1 in 14 cases of abuse are reported to authorities. Elder financial abuse and fraud costs older Americans $36.5 billion per year and financial exploitation is self-reported at rates higher than emotional, physical, and sexual abuse or neglect.

“Banks are on the front line for detecting signs of financial abuse, such as changes in typical banking patterns, uncharacteristic attempts to wire large sums of money and sudden insufficient funds,” said Joseph Snyder, director of Older Adult Protective Service at Philadelphia Corporation for Aging and a former president of the National Adult Protective Services Association.

Collaborating with law enforcement, social workers, banks and community agencies is essential to prevent senior financial exploitation, according to Snyder. Along with the Philadelphia Financial Exploitation Prevention Task Force, Philadelphia Corporation for Aging will sponsor “Safe banking & financial management tips for seniors,” a free forum for seniors and caregivers at West Philadelphia’s Ralston Center.

In the mid-west, the Minnesota Elder Justice Center will host its 11th annual Minnesota World Elder Abuse Awareness Day Conference at the Earle Brown Heritage Center in Brooklyn Center.

“It’s designed for professionals, but it’s absolutely open to the public,” said Elder Justice Center Outreach coordinator Katie Behrens. “Anyone with an interest in working to eliminate elder abuse” is welcomed to attend the conference, “Accelerating Towards Justice,” which focuses on professionals who work with older adults.

AARP Maryland and Baltimore County Restoring Elder Safety Today (BC-REST) will host a forum and document shredding event at Baltimore County’s Randallstown Community Center, one of many AARP and its network are hosting throughout the nation commemorating the Day.

“Here in Virginia, the Department of Social Services Adult Protective Services is charged with investigating reports of elder abuse, including acts of financial exploitation, and assisting seniors who may be victims of abuse and their families to obtain help,” said Elizabeth Boehmcke. a lawyer practicing estate planning.

“As practitioners within the elder law community, we also run across situations in which a family member expresses concern about how their loved one is being treated by a neighbor, caregiver or sometimes even other family members. Determining when it is appropriate to call APS to report suspected elder abuse in our clients can be a difficult dilemma,” said Boehmcke.

World Elder Abuse Awareness Day represents the one day in the year when the whole world voices its opposition to the abuse and suffering inflicted to some of our older generations. This year’s theme underscores the importance of preventing financial exploitation, in the context of elder abuse, to the enjoyment of older persons’ human rights.

Through the many events and activities acknowledging World Elder Abuse Awareness Day, the public will have ample opportunities to improve its understanding of this form of elder abuse and discuss ways of ensuring the participation of older adults themselves in ending victimization.

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Awareness Day aims to end financial abuse of the elderly

Financial Elder Abuse In Los Angeles

Financial elder abuse lawyers in Los Angeles know that California’s elderly population has been rapidly increasing in the last three decades. People age 65 and older are the fastest-growing segment of California’s population. In some counties, the increase since 1990 has been more than 150 percent. In Los Angeles, the percentage increase of older adults since 1990 is between 50 and 99 percent. As the segment of senior citizens has rapidly increased, so have concerns about the potential for elder abuse in the state. There are various types of elder abuse. Financial exploitation of the elderly is especially problematic and rampant, and there are laws in California that are meant to protect older adults from this type of economic exploitation.

Statistics on Financial Elder Abuse

The National Council on Aging reports that an estimated 5 million people ages 60 and older suffer from some form of abuse. One in 10 adults in that age group is abused. According to one study, one one out of every 14 cases of abuse is reported to authorities. Sixty percent of the cases involve perpetrators who are family members, and 66 percent of the perpetrators are either the adult children or spouses of the victims.

How people take advantage of senior citizens financially

Financial abuse of senior citizens may take multiple forms. It can involve taking the checks of an elderly person and cashing them without permission. Some people steal checks and forge them. Others withdraw large amounts of money from their victims’ bank accounts. Exploitation also includes stealing money or possessions from elders. Some people coerce older adults into signing documents such as wills or contracts. Finally, some perpetrators financially exploit older people by abusing their powers of attorney, conservatorships or guardianships.

Signs of potential abuse of older persons

There are some common signs that elderly people are being exploited. They may not be taking care of their basic expenses despite the fact that they should be able to afford them. Suddenly changing their normal banking practices is also a sign, including having another person who is with the older adult withdraw a large amount of money. Adding extra names to accounts may be a sign, and unauthorized withdrawals using the older adult’s ATM card are also suspect. Relatives who were previously uninvolved may suddenly appear and lay claim to the elderly person’s possessions or money. Discovering forged signatures is another indicator that exploitation is occurring. Making larger than necessary loans against homes in order to finance investments may also indicate exploitation. Elders adding caretakers’ names to their wills in exchange for continued caretaking may also indicate that they are being exploited.

Summary of California laws for the protection of the elderly

California law penalizes the exploitation of the elderly, and a lawyer who accepts elder abuse cases may help clients with recovering the money that was stolen. Under California Welfare and Institutions Code § 15610.30, plaintiffs must prove several things to show that an older person was exploited. The plaintiff’s lawyer will work to prove that the defendant retained, appropriated, hid or took the property or money of the elderly person or helped someone else with doing so. He or she will also demonstrate that the older adult was either 65 or older or was a dependent adult at the time and that the person who took, retained, appropriated or hid the property did so for an unlawful purpose or with the intent to defraud the victim. Finally, he or she will need to prove that the victim suffered harm that was caused by the defendant’s actions.

The cases may be brought either by the elderly victims of abuse or by their decedents if the exploitation is discovered after their deaths. In addition to compensatory damages, the court will award reasonable attorneys’ fees and costs to plaintiffs who are able to prove that the abuse happened. Victims may also be able to recover damages for pain and suffering in some cases.

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Financial Elder Abuse In Los Angeles