The disturbing history of how conservatorships were used to exploit, swindle Native Americans

The Osage Nation were once among the wealthiest people in the world. FPG/Hulton Archive/Getty Images

by Andrea Seielstad

Pop singer Britney Spears’ quest to end the conservatorship that handed control over her finances and health care to her father demonstrates the double-edged sword of putting people under the legal care and control of another person.

A judge may at times deem it necessary to appoint a guardian or conservator to protect a vulnerable person from abuse and trickery by others, or to protect them from poor decision-making regarding their own health and safety. But when put into the hands of self-serving or otherwise unscrupulous conservators, however, it can lead to exploitation and abuse.

Celebrities like Spears may be particularly susceptible to exploitation due to their capacity for generating wealth, but they are far from the only people at risk. As a lawyer with decades of experience representing poor and marginalized people and a scholar of tribal and federal Indian law, I can attest to the way systemic inequalities within local legal practices may exacerbate these potentially exploitative situations, especially with respect to women and people of color.

Perhaps nowhere has the impact been so grave than with respect to Native Americans, who were put into a status of guardianship due to a system of federal and local policies developed in the early 1900s purportedly aimed at protecting Native Americans receiving allotted land from the government. Members of the Five Civilized Tribes of Oklahoma – Cherokee, Choctaw, Chickasaw, Creek, and Seminole nations – were particularly impacted by these practices due to the discovery of oil and gas under their lands. 

Swindled by ‘friendly white lawyers’

A conservatorship, or a related designation called a guardianship, takes away decision-making autonomy from a person, called a “ward.” Although the conservator is supposed to act in the interest of the ward, the system can be open to exploitation especially when vast sums of money are involved.

This was the case between 1908 and 1934, when guardianships became a vehicle for the swindling of Native communities out of their lands and royalties.

By that time, federal policy had forced the removal of the Five Civilized Tribes from eastern and southern locations in the United States to what is presently Oklahoma. Subsequent federal policy converted large tracts of tribally held land into individual allotments that could be transferred or sold without federal oversight – a move that fractured communal land. Land deemed to be “surplus to Indian needs” was sold off to white settlers or businesses, and Native allotment holders could likewise sell their plots after a 25-year trust period ended or otherwise have them taken through tax assessments and other administrative actions. Through this process Indian land holdings diminished from “138 million acres in 1887 to 48 million acres by 1934 when allotment ended,” according to the Indian Land Tenure Foundation.

During the 1920s, members of the Osage Nation and of the Five Civilized Tribes were deemed to be among the richest people per capita in the world due to the discovery of oil and gas underneath their lands.

However, this discovery turned them into the victims of predatory schemes that left many penniless or even dead.

Reflecting on this period in the 1973 book “One Hundred Million Acres,” Kirke Kickingbird, a lawyer and member of the Kiowa Tribe, and former Bureau of Indian Affairs special assistant Karen Ducheneaux wrote that members of the Osage Nation “began to disappear mysteriously.” On death, their estates were left “not to their families, but to their friendly white lawyers, who gathered to usher them into the Happy Hunting Ground,” Kickingbird and Ducheneaux added.

Lawyers and conservators stole lands and funds before death as well, by getting themselves appointed as guardians and conservators with full authority to spend their wards’ money or lease and sell their land.

Congress created the initial conditions for this widespread graft and abuse through the Act of May 27, 1908. That Act transferred jurisdiction over land, persons and property of Indian “minors and incompetents” from the Interior Department, to local county probate courts in Oklahoma. Related legislation also enabled the the Interior Department to put land in or out of trust protection based on its assessment of the competency of Native American allottees and their heirs.

Unfettered by federal supervisory authority, local probate courts and attorneys seized the opportunity to use guardianships to steal Native Americans estates and lands. As described in 1924 by Zitkála-Šá, a prominent Native American activist commissioned by the Secretary of Interior to study the issue, “When oil is ‘struck’ on an Indian’s property, it is usually considered prima facie evidence that he is incompetent, and in the appointment of a guardian for him, his wishes in the matter are rarely considered.” 

Activist and writer Zitkála-Šá.
Wikimedia Commons

The county courts generally declared Native Americans incompetent to handle more than a very limited sum of money without any finding of mental incapacity. Zitkála-Šá’s report and Congressional testimony documented numerous examples of abuse. Breaches of trust were documented in which attorneys or others appointed conservators took money or lands from Nation members for their own businesses, personal expenses or investments. Others schemed with friends and business associates to deprive “wards.”

‘Plums to be distributed’

One such woman in Zitkála-Šá’s report was Munnie Bear, a “young, shrewd full-blood Creek woman … [who] ran a farm which she inherited from her aunt, her own allotment being leased.” Munnie saved enough money to buy a Ford truck and livestock for her farm, with savings remaining in a bank account. Once oil was discovered, however, the court appointed a guardian, who appointed a co-guardian and retained a lawyer, each of whom deducted monthly fees that depleted Bear’s funds. During the period of her guardianship, she was unable to spend any money or make any decisions about her farm or livestock, nor did she control her bank investment.

Zitkála-Šá’s report displays the extent of this practice:

“Many of the county courts are influenced by political considerations, and … Indian guardianships are the plums to be distributed to the faithful friends of the judges as a reward for their support at the polls. The principal business of these county courts is handling Indian estates. The judges are elected for a two-year term. That ‘extraordinary services’ in connection with the Indian estates are well paid for; one attorney, by order of the court, received $35,000 from a ward’s estate, and never appeared in court.”

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Wards were often kept below subsistence levels by their conservators while their funds and lands were depleted by the charging of excessive guardian and attorneys’ fees and administrative costs, along with actual abuse through graft, negligence and deception.

Reports like that of Zitkála-Šá’s resulted in Congress enacting the Indian Reorganization Act of 1934. This put the Indian land that had not fallen into non-Indian hands during the federal policy of allotting plots back into tribal ownership and secured it in the trust of the United States. It also ended the potential for theft through guardianship.

But the lands and funds lost as a result of guardianships were not restored nor did descendants of those swindled ever enjoy the benefit of their relatives’ lands and monies either.

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The disturbing history of how conservatorships were used to exploit, swindle Native Americans

"I Care A Lot"

“I Care A Lot” (February 19)

Peter Dinklage and Rosamund Pike in “I Care A Lot.” —Netflix

Following positive reviews out of the Toronto International Film Festival, Netflix purchased the rights to “I Care A Lot,” a dark comedy filmed in Massachusetts in 2019 about Marla Grayson (Rosamund Pike, “Gone Girl”), who cons her way into legal guardianship of senior citizens and drains them of their savings. After assuming guardianship of another elderly woman, Marla finds out that the woman she’s trying to swindle has someone in her life (Peter Dinklage, “Game of Thrones”) who is as ruthless and unscrupulous as Marla herself. “I Care A Lot” was filmed in Boston, Braintree, Dedham, Medfield, Millis, Natick, Rockport, Watertown, Wayland, and Wellesley, and debuts on Netflix on Feb. 19.

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I Care A Lot

New Florida law includes stricter penalties for ripping off military veterans

Perpetrators would also have to pay all court costs and restitution associated with each of their victims

 

By Nick Givas

 

A series of Florida laws passed during this year's legislative session went into effect on Thursday, one of which makes it a felony to attempt to financially swindle a veteran out of $50,000 or more.

 

This bill amends the White Collar Crime Victim Protection Act to say someone "commits an aggravated white-collar crime if he or she obtains or attempts to obtain $50,000 or more by committing at least two associated white-collar crimes against 10 or more veterans."

The action will now be considered a first-degree felony, "ranked at a level 9 out of 10 possible levels for incarceration purposes on the offense severity ranking chart of the Criminal Punishment Code."

People convicted of breaking the new law would also have to pay court costs and restitution associated with each of their victims.

The court may also order payment of a $500,000 fine, or "double the value of the pecuniary gain or loss, whichever is greater."

The bill had similar protections for senior citizens within the text, in an effort to discourage the financially fraudulent schemes often carried out against the elderly.

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New Florida law includes stricter penalties for ripping off military veterans

Cook County Public Guardian Wants Charges In Case Of Swindled Nursing Home Resident

CHICAGO (WBBM NEWSRADIO) -- The Cook County Public Guard was in court Wednesday morning spelling out how current and former staffers of a senior citizens’ home pleaded the 5th when asked under oath about the theft of the bulk of a resident’s life savings.

Cook County Public Guardian Charles Golbert said 98-year old Grace Watanabe had more than $770,000 stolen from her when she lived in the Symphony Residences of Lincoln Park and that five former employees of Symphony had a similar answer when asked pointed questions about their roles in the alleged swindle.

"Questions like, when you took $100,000 from Mrs. Watanabe, did you know that she had advanced dementia? Answer. I cannot answer that question because the answer will incriminate me. 5th amendment," he said.



Public Guardian Charles Golbert said a Chicago Police financial crimes police detective laid out evidence for the Cook County State’s Attorney’s Office months ago, but so far, no charges.

Golbert wrote a letter to State's Attorney Kim Foxx in May saying he believes charges should be filed in the case.

Meanwhile, Golbert said it wasn’t just the former staffers answering deposition questions with the 5th amendment.

"We do not allege that the executive director stole any money herself, but we deposed her about what was going on there. We asked her questions such as, along the lines, 'were you aware that your employees were stealing hundreds of thousands of dollars from a 97-year-old resident with dementia?' Answer: 5th amendment. The answer will incriminate me," he said.

Golbert said he had Watanabe moved to a safe nursing home 10 months ago when the case was referred to him. He said she's 98-years old now, is doing well, and that, despite her dementia, has a broad understanding that most of her money was stolen from her.

Golbert said Watanabe spent time in a Japanese internment camp during World War II, eventually got a college degree and worked for the federal government.

He said dozens of members of Chicago's Japanese-American community have been closely following the case and have appeared at every single court date in support of Grace Watanabe.

Her last surviving relative, a brother, died in 2009.

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Cook County Public Guardian Wants Charges In Case Of Swindled Nursing Home Resident

Thirty-year sentence meted out in $1.2 million swindle of Nevada woman

NEVADA, Mo. — A judge sentenced a Nevada man this week to 30 years in prison for his role in a $1.2 million swindle of an elderly woman.

Circuit Judge David Munton assessed Christopher I. Buller the prison term at a sentencing hearing Tuesday in Vernon County Circuit Court. A jury had found the 40-year-old defendant guilty of a Class A felony count of financial exploitation of an elderly person in a trial the first week of April.

Buller's co-defendant in the case, Eric S. Davis, 41, of Joplin, pleaded guilty a year ago to a reduced Class B felony count of financial exploitation of an elderly person and was sentenced to 10 years in prison.

The two men deceived a Nevada woman into selling all her stock in a major oil company to help bail Davis out of a supposed financial obligation to a trucking company and legal trouble with a court in Kansas City.

Davis befriended the woman in January 2011 and she paid for him to attend a truck driver training school, where he rolled a truck into a ditch after just three days in the program. Although he was never a truck driver or an employee of the company that ran the school, Davis told the woman that he was employed by it and needed money to pay for the truck he wrecked.

Buller assisted Davis by calling her and posing as a company employee with information about the amount of payments due.

Davis subsequently extended his deceit of the woman by telling her that he needed to pay large sums of money to a judge in Kansas City to avoid serving jail time for a past debt. Davis provided her with the fictitious name of "Judge Henry Copeland," and Buller assisted him in that part of the swindle by telephoning her and posing as the judge.

According to a probable-cause affidavit filed in the case, Davis would meet the victim outside her bank or in store parking lots, and she would bring him boxes or bags full of cash.

The swindle came to light at a guardianship hearing in July 2014 when she testified that she had sold all her stock in the oil company and gave the money to Davis so he could take it to the judge in Kansas City. An examination of her living trust account by an investigator with the Missouri Department of Health and Senior Services determined that between January 2011 and February 2012, she'd made 16 cash withdrawals totaling $1.2 million.

Davis told the investigator that he was a regular patron of a casino in Oklahoma and that he "may have gambled away" all the money he received from the woman.


Christopher Buller chose not to testify at his trial in April when a jury found him guilty of assisting Eric Davis in the bilking of an elderly woman.

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Thirty-year sentence meted out in $1.2 million swindle of Nevada woman

Donisthorpe swindle: Will there be money for Omar?

Omar Ramirez, pictured here outside his family’s home in Santa Teresa, is one of about 

40 former clients of Desert State Life Management of Albuquerque whose trust funds 

were embezzled by Desert State CEO Paul Donisthorpe. Ramirez, who has traumatic 

brain injury, had a $1 million trust from an insurance settlement but learned his money

 is gone. (Roberto E. Rosales/Albuquerque Journal)

Just after Thanksgiving, the family of Omar Ramirez rejoiced upon learning that former Desert State Life Management CEO Paul Donisthorpe had agreed to pay $4.8 million in restitution after pleading guilty to pilfering dozens of client trust accounts, including a $1 million trust set up for Omar’s lifetime care.

“I guess there’s going to be Christmas for Omar,” younger brother Armando said at the time in a phone interview. The Ramirez family lives in Santa Teresa, N.M., where their mother cares 24/7 for Omar, who suffered a traumatic brain injury after a 2001 car accident in which he struck an errant cow in the roadway.

“To tell you the truth, I feel like crying,” Armando told the Journal. “… My mom’s going to be so happy.”

But as the year ends, there’s been no restitution paid to Ramirez and some 39 other victims – elderly and mentally or physically impaired clients whose trust accounts were looted by Donisthorpe from 2006 to 2016.

There’s no assurance that any of the victims will recoup all their financial losses, say state officials tasked with liquidating Donisthorpe’s assets, including some 100 head of Texas cattle.

“I don’t want to paint a rosy picture where everybody thinks they’re going to get every dollar back,” said Christopher Moya, acting head of the state Financial Institutions Division. “But we’re going to try our hardest to get as much as we can.”

Omar’s parents don’t speak English, and the family worried that state regulators some 300 miles to the north in Santa Fe would forget about his loss and its impact on their close-knit family.

Nothing could be further from the truth, Moya told the Journal.

“Omar is our driving force here. He’s the one I keep in the back of my mind every day on this thing. There’s some language barriers there, but he’s the one I think about.”

Donisthorpe takes blame, and his wife walks away

In pleading guilty Nov. 27, Donisthorpe accepted sole responsibility for siphoning millions of dollars from the trust accounts he had managed since 2006, when he took over the nonprofit Desert State, based in Albuquerque.

Paul Donisthorpe

Donisthorpe, 62, was charged in a federal criminal information, then pleaded guilty to wire fraud and money laundering – all during the same unannounced court appearance. He was released pending sentencing, which is set for Feb. 27.

Under the plea agreement, he faces from eight to 12 years in prison, and agreed to pay restitution.

It appears unlikely that criminal charges will be filed against anyone else. “We don’t have a say in that, but I would not believe so,” said Kevin Graham, a lawyer with the state Financial Institutions Division.

Graham and Moya recently spoke to the Journal in their first interview about the case, which began in February after state officials first attempted to conduct an examination of financial records at the nonprofit trust company.

On May 31, after the theft from client accounts became evident, the FID sought an emergency hearing and order for a permanent injunction and receivership of the firm.

Albuquerque attorney Liane Kerr was married to Paul Donisthorpe for 31 years before divorcing him in June. She filed for divorce just as state regulators began an inquiry into the finances of the firm. (Joshua Bachman/Las Cruces Sun-News)

The state also named Donisthorpe’s wife of 31 years, Liane Kerr, in a motion seeking an injunction to prohibit her and others from having any contact or involvement with the business. During the early days of the state inquiry, Donisthorpe couldn’t be located, and Kerr appeared at Desert State offices at 1011 Fourth St. in Albuquerque.

Court records state that Kerr, a criminal defense attorney, told state examiners back then that the two staff members in the Desert State’s office were new and had minimal knowledge of the firm. But FID officials later learned that the employees had been with the company for 10 years. At one point, Kerr told state regulators that Donisthorpe was “legally incompetent.” Reports surfaced that he had brain damage from a stroke or botched suicide attempt. But the FID’s Graham told the Journal he saw no evidence of mental impairment when Donisthorpe appeared at last month’s plea hearing.

Kerr is named as a defendant in a lawsuit filed on behalf of several clients who lost money in the embezzlement. The lawsuit contends she should have known about the mismanagement of funds and directly benefited from the scheme. A one-time friend of Kerr’s who sat on the board of directors for Desert State has accused Kerr of using stolen Desert State client money to buy jewelry, artwork, furniture and property, including a $950,000 luxury lodge in Angel Fire.

Kerr, in court records, denied any knowledge of her husband’s illegal activities, contended she didn’t benefit indirectly or directly and had “never had anything to do with (Desert State).” She filed for divorce March 24.

While the divorce was pending, FID filed a notice to alert the Sandoval County district judge assigned the case about the pending receivership and injunction action regarding Desert State.

In that June 16 notification to the judge, state regulators contended that the assets of the marriage were in question and were more likely than not the product of ill gotten gains by Donisthorpe.

But three days after the state’s filing, state District Judge Cheryl Johnston approved the final divorce decree sought by Kerr. Johnston couldn’t be reached for comment last week, but her final order stated that she had examined all the filings in the case and was “fully aware” of the circumstances.

It wasn’t clear from court records if there was a hearing, in which FID’s attorney could have addressed the court.

The final divorce document shows that Donisthorpe was represented by Robert Strumor, a New Mexico bond attorney.

Donisthorpe had been a CPA and financial adviser on bond matters and other issues for various local governments in the state.

Donisthorpe, in his plea agreement, admitted spending client funds on business ventures, his home mortgage, the Angel Fire lodge mortgage, vehicles, credit cards and to pay off IRS liens.

In the divorce, Kerr kept the couple’s $475,000 North Valley home and received ownership of the $400,000 Desert State office building where she has a law office. Donisthorpe retained the home in Angel Fire, which had a $296,000 mortgage.

Omar remains hopeful

Donisthorpe’s plea was an important first step to putting the liquidation of his assets on a fast track, said Graham of the FID.

“They (federal authorities) can hopefully do within a month time frame what would have taken us years in civil court to accomplish.”

Moya, who is credited with ordering the financial exam despite Donisthorpe’s multiple attempts to delay the inquiry, recalled that state examiners initially thought they would find minor accounting errors.

“We never thought they were going to balloon into what they did,” Moya said.

Moya said Donisthorpe should have had “more of a moral compass,” especially considering how vulnerable his clients were.

“These trusts were set up to provide for them, largely when they couldn’t afford the essential equipment and resources they need throughout their lives,” said FID attorney Graham. “When you go steal from those victims, knowing exactly the situation they’re in, it does seem like you’re doubling down on evil.”

While the sale of Donisthorpe’s properties may reap some money to offset client losses, attorneys for about a dozen victims have gone to court to seek damages against Desert State’s liability insurance.

But the Ramirez family says they can’t find an attorney in southern New Mexico who will join that litigation on Omar’s behalf.

When told by the Journal of Donisthorpe’s plea last month, Armando put his mother, Juanita, and Omar on the phone with a reporter to express their gratitude.

Omar, 35, is able to talk and walk despite his mental impairment. But he lost sight in one eye, is prone to seizures and can’t be left alone.

Omar’s Desert State trust fund was set up with proceeds from a $1.2 million settlement of a lawsuit his family filed against the rancher whose cow strayed onto State Road 28 that night in 2001.

“We’ve been going through a lot the last month with Omar and my mom,” Armando Ramirez said last month. Without the trust payments, he added, “we’ve been helping them financially.”

Omar remained hopeful when he spoke with the Journal last month.

“The bad things are behind us now,” he said. “We want to spend the new year with good things.”

Full Article & Source:
Donisthorpe swindle: Will there be money for Omar?

Chaplain Swindled Elderly Parishioner out of $70,000, Prosecutors Say

Eagles of God Church

COOK COUNTY CRIMINAL COURTHOUSE — A chaplain who once was convicted of murder is now facing charges of swindling nearly $70,000 from an elderly congregant who can't read or write.

Authorities allege Enrique Borges, 50, was working as a chaplain at Eagles of God church, 1132 N. Spaulding Ave., when an 84-year-old man came in looking for help.

The Humboldt Park man — who only speaks Spanish and can't read or write — told a pastor he was afraid his neighbors would steal his money, Assistant State's Attorney Lorraine Scaduto said in court last week.

The pastor then connected the victim with Borges, who wore a chaplain badge every time the pair met, Scaduto said.

In early January, the elderly man gave Borges power of attorney, prosecutors said, and issued him two cashier's checks totaling nearly $100,000.

Borges then brought the victim to a Chase branch and opened a joint account, police said. According to Scaduto, Borges told bank employees he was the man's son-in-law and English interpreter.

The victim had no idea that Borges added himself to the account, police said, and didn't authorize Borges' actions.

On Jan. 29, Borges transferred $12,390 to his own personal bank account, according to a police report. On Feb. 3, he transferred an additional $55,000, the report said.

Police said Borges made $499.34 worth of purchases on the victim's debit card, and withdrew $3,860 of the victim's money.

The victim realized what had happened on Feb. 4 when he visited the bank, Scaduto said. Accounts were frozen on Feb. 6 and Borges was arrested at Chase, 7180 W. Grand Ave., on Tuesday.

Scaduto said Borges was carrying the victim's credit card and personal documents, and he admitted to opening the account and transferring money.

Borges, of the 2800 block of North Mobile Avenue in Belmont Cragin, was charged with identity theft and financial exploitation of the elderly.

Borges was previously convicted in a 1982 gang-related murder and sentenced to 30 years in prison.

On Sunday, Eagles of God Pastor Alberto Arias defended Borges.

He told DNAinfo Chicago that the 84-year-old man came in early January asking for help. According to Arias, the man told the pastor that people "were attempting to kill him and steal his money."

"In my humble opinion, I thought he was a bit paranoid," Arias said.

The man, who briefly lived in the church facility in the 1980s, returned for assistance, and although Arias recommended he look into assisted living facilities due to his declining health, he allowed the man to stay in the church, Arias said.

During that time, Borges, who was the assistant director of chaplains, helped the man move into the church, and took him to doctor's appointments and running errands, Arias said.

Arias said the man asked Borges to add his name to the bank account. Arias cautioned Borges against it.

"I don't like that idea," Arias recalled saying, reminding Borges of the man's constant fear of having his money stolen. "Be careful, be careful, be careful."

Despite his warnings, Borges agreed to have his name added to the account, Arias said.

After hearing about the arrest, Arias was still surprised.

"I warned [Borges], this man is difficult and needed attention and constant care," Arias said. "But [Borges] felt bad and wanted to help."

If any money was spent, it was all spent on the 84-year-old man to buy clothing, food and a bed, Arias added.

"Borges is a good man with good intentions," Arias said. "I feel sorry for him."

Cook County Judge Laura Sullivan on Thursday ordered Borges held in lieu of $100,000 bail.

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Chaplain Swindled Elderly Parishioner out of $70,000, Prosecutors Say

MN Woman Accused of Financial Exploitation

A Webster woman is slated to be in Olmsted County Court Oct. 9 to face two counts of financial exploitation of a vulnerable adult (VA) and one count of theft by swindle.

According to the criminal complaint filed against her, Debra Lynn Hitchcock-Gale, 54, allegedly made $226,000 worth of illegal transactions involving VA’s financial resources. Hitchcock-Gale is a family member of VA’s and served as his power of attorney.

VA, a resident in Webster, was diagnosed with dementia in 2001, bought a town house in Pine Island, Minn. in 2010, moved there in 2011 and resided there until he was placed in an adult foster care facility in July 2014.
 

Hitchcock-Gale, from September 2011 to July 2014, allegedly made transactions on VA’s account of roughly $47,000, including debit card cash withdrawals from ATMs at the St. Croix Casino in Danbury, casino’s in Las Vegas as well as debit card purchases at locations VA did not frequent.
 

In addition, Hitchcock-Gale, a realtor in the area, sold VA’s Webster residence in 2013 for $185,000.

Proceeds from the sale were used to pay off VA’s town home in Pine Island, Minn. The defendant also wrote herself a $41,000 check and a $13,000 check to her husband’s business from the proceeds.

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Webster Woman Accused of Financial Exploitation

MN Woman Charged WIth FInancial Exploitation

Authorities acting on a tip from a Rochester financial institution have brought charges against a Chatfield woman they say spent more than $100,000 of someone else's money.

Ashley Loraine Dotzenrod, 28, faces two counts of financial exploitation of a vulnerable adult and one count of theft by swindle, all felonies.

She's scheduled to appear Sept. 18 in Olmsted County District Court. 

The investigation began Sept. 27, when police were told Dotzenrod had deposited about $50,000 in checks written on the alleged victim's account into her own checking account. The victim is described in the criminal complaint as having "significant difficulty in speech and motor movements," as well as having seizures, all the result of a stroke several years ago. 

The woman requires the assistance of others for basic needs, and has a power of attorney to assist in financial matters, the report says, classifying her as a functional vulnerable adult.
In January 2011, the woman named Dotzenrod as her power of attorney; in May 2011, Dotzenrod opened a joint savings account with the woman.

According to the criminal complaint, the victim's former power of attorney said the victim was "frugal" and was "aware of Dotzenrod's spending habits." The woman set up the financial arrangement so if Dotzenrod was going to be paid, the woman would have to write her the check. Since 2009, only one check has been written to Dotzenrod, the records show.

Full Article and Source:
Area Woman Charged With Financial Exploitation

MN Attorney, Linda Brost, Disbarred After Stealing $43,000 of Client Money and Stealing His Identity

A St. Paul attorney has been disbarred for stealing her client’s money and identity, the Minnesota Supreme Court said in an order Wednesday.

Linda Brost, 62, who now lives in Spooner, Wis., stole $43,000 and failed to cooperate in an investigation by the Office of Lawyers Professional Responsibility, which filed a disciplinary petition against her in December 2013.
 

Brost’s troubles started in 2009, when she was suspended indefinitely for using the expired notary stamp of a dead person to fraudulently notarize her own signature on a trust certificate for a client. She later submitted the document to a bank, the petition alleged.
 

Brost’s theft started with a will she drafted for Arthur Fischbach, who died Sept. 11, 2005. Around the time Fischbach died, Brost altered the date on her dead husband’s expired notary stamp and forged his signature to notarize her own signature on a certificate of trust prepared for Fischbach.

After he died, she presented the fraudulently notarized document to BankCherokee in a failed effort to access Fischbach’s funds, which totaled about $140,000.
 

She also obtained $43,000 from Fischbach’s insurance company by making false statements and stealing his identity.
 

In March 2009, after learning of these events, the Minnesota Supreme Court indefinitely suspended Brost from practicing law. Brost then allegedly set up an e-mail account in Fischbach’s name and had his mail redirected to a house she owns in St. Paul. She also opened a checking account in his name in February 2011, six years after his death, and wrote letters purportedly from him as she tried to tap his money, authorities said.
 

Last year, criminal charges were filed against Brost for theft by swindle, identity theft, and aggravated forgery of a document and insurance fraud. She pleaded guilty.

Full Article and Source:
St. Paul Lawyer Disbarred for Theft, Fraud