Showing posts with label U.S. Department of Justice. Show all posts
Showing posts with label U.S. Department of Justice. Show all posts

Saturday, October 21, 2023

The Justice Department Issues Fifth Annual Elder Justice Report


Earlier today, the Justice Department issued its fifth annual report to Congress on its efforts to combat elder fraud and abuse. The report summarizes the Department’s extensive efforts during the reporting period from July 1, 2022 through June 30.

“The Justice Department is intensifying our efforts to fight the despicable crimes of elder fraud and abuse,” said Attorney General Merrick B. Garland. “As reflected in this year’s report, the Department is aggressively pursuing perpetrators of elder fraud and abuse, supporting victims, and raising public awareness to prevent elder fraud and abuse before they occur.”

“During the past year, the Department has pursued hundreds of criminal and civil cases to bring perpetrators who prey on older adults to justice,” said Deputy Attorney General Lisa Monaco. “Working with our law enforcement partners, our agents and prosecutors have employed disruption strategies and obtained restitution and forfeiture orders to deter potential offenders, minimize losses, make victims financially whole, and prevent wrongdoers from profiting from their crimes.”

“Every year, millions of older Americans experience some form of elder abuse. And sadly, the majority of elder abuse cases go unreported,” said Associate Attorney General Vanita Gupta. “The Department is taking an active and multifaceted approach to addressing elder abuse, and our efforts reflect the hard work of so many, including our prosecutors, crime victim specialists, agents and investigators, program analysts, and subject matter experts.”

This year’s report reflects the four pillars of the Department’s elder justice work. 

First, holding perpetrators of elder abuse and fraud accountable is the cornerstone of the Department’s elder justice work. During the reporting period, the Department brought nearly 300 criminal and civil actions against more than 650 defendants who collectively stole more than $1.5 billion from over 2.4 million victims. Some of these defendants engaged in transnational and domestic fraud schemes, including lottery, romance, and tech support scams. The Department also pursued nursing home operators that provided grossly substandard care to their residents.

Second, the Department supports in various ways older Americans who have experienced abuse or financial exploitation. Over the past year, the Department returned hundreds of millions of dollars to victims of elder fraud schemes, while helping to freeze millions of dollars for other older victims before their funds were transferred to fraudsters. The Department also supported over 5,000 victim assistance organizations that provided services (including individual advocacy, crisis intervention, civil legal assistance, transportation, and emergency shelter) to over 240,000 victims aged 60 and older. The Department continued to support the National Elder Fraud Hotline, which helped tens of thousands of older adults report suspected fraud or connected them to available social services.

Third, as state, local, and Tribal elder justice professionals are often on the front line in responding to elder abuse and fraud cases, the Department worked to support the capacity and ability of state, local, and Tribal communities to identify, address, and combat elder abuse in its many forms. For example, the Department awarded grants to six Enhanced Multidisciplinary teams to work with older victims of financial exploitation and abuse. These grantees join the 23 local multidisciplinary teams also funded by the Department to better identify and respond to cases of elder abuse and more comprehensively serve and support victims of financial exploitation. The Department also funded the first National Center for State and Tribal Elder Justice Coalitions to support statewide coordination and collaboration among elder justice organizations, and developed and shared new resources, training, and tools for state and local law enforcement to more effectively identify and investigate elder abuse and fraud.

Lastly, the Department is committed to raising public awareness of fraud schemes and empowering older Americans and their families with the knowledge and information to protect themselves from elder fraud and abuse. For that reason, Department employees conducted or participated in over 700 elder justice outreach and training events across the country to raise public awareness of elder fraud and abuse and reached over 28 million Americans.

To report elder financial fraud, call the National Elder Fraud Hotline, 1-833-FRAUD-11 (1-833-372-8311). For more information on the Department’s elder justice activities, visit www.elderjustice.gov.

Updated October 18, 2023

Source:
The Justice Department Issues Fifth Annual Elder Justice Report

Tuesday, November 26, 2019

Former Caregivers Plead Guilty to Violating Rights of Resident with Developmental Disability

The United States Department of Justice 
 
Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Friday, November 22, 2019
 

Former Caregivers Plead Guilty to Violating Rights of Resident with Developmental Disability


Sherry K. Paulo, 54, and Anthony R. Flores, 59, husband and wife, and former employees of a Missouri residential treatment facility, pleaded guilty today in federal court in the Western District of Missouri to criminal civil rights charges arising from the death of C.D., a Missouri ward of the state with developmental disabilities. Paulo and Flores each pleaded guilty to one count of willfully failing to provide necessary medical care to C.D., resulting in injury to and the death of C.D. Paulo also pleaded guilty to one count of health care fraud arising from her efforts to hide the fact of C.D.’s death.

“The defendants were entrusted with caring for some of our society’s most vulnerable individuals, who cannot advocate or care for themselves,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “They abused that trust by depriving the victim of obvious and necessary medical care and then taking extraordinary measures to cover up their wrongdoing. The Department of Justice will continue to hold accountable those who commit such violations.”

“They were responsible to provide care to a vulnerable victim, but today admitted they ignored obvious signs of medical distress and failed to even call 911. Instead, they hid him away in their unfinished basement until he died,” said U.S. Attorney Tim Garrison of the Western District of Missouri. “They may have thought they could hide the body in a concrete-filled crate and get away with it. But when the civil rights of a vulnerable victim are violated, we will hold them accountable for their inhumane and criminal conduct.”

“The FBI is the primary federal agency responsible for investigating allegations regarding violations of federal civil rights, and we continue to hold that responsibility as a top priority,” said Timothy R. Langan, Special Agent in Charge of the FBI in Kansas City, Missouri. “When individuals, such as the defendants, abuse their power and neglect their responsibility to care for some of our most susceptible and defenseless members of society, it is not only wrong, it is criminal. Today's guilty plea emphasizes the continued commitment to hold all perpetrators accountable.”

“Flores and Paulo not only let C.D. die, they then compounded their crime by hiding the body in a storage unit,” said Curt L. Muller, Special Agent in Charge of the Office of Inspector General. “We will continue working with our law enforcement partners to fight for such vulnerable people and the government health programs upon which they depend.”

According to the plea agreements, Paulo and Flores worked as caregivers at Second Chance Homes, an organization that provided housing and care for developmentally disabled persons through a Missouri Department of Mental Health initiative. Victim C.D. had been a resident at Second Chance Homes since 2008.

Paulo and Flores admitted in their pleas that they observed C.D.’s health decline beginning in 2014. C.D. became unhealthily underweight and pale, and he grew more obviously ill over a period of several months. During this time, Paulo occasionally took C.D. out of his designated residence and put him in the basement of the personal home she shared with Flores.

C.D. suffered an acute medical emergency while in the basement of Flores’s and Paulo’s personal home. Despite observing C.D.’s physical distress and obvious medical need at that time, Paulo and Flores admitted that they purposefully did not seek medical care for C.D. C.D. died while in Flores’s and Paulo’s personal home.

In the plea agreement, Paulo admitted that she subsequently placed C.D.’s body in a trashcan and transported it to C.D.’s assigned residence, where she and Flores put it in a wooden crate and filled the wooden crate with cement. Paulo and Flores then transported the crate to Paulo’s storage unit.

Medicaid provided funding for C.D.’s care at Second Chance Homes. Paulo admitted that after C.D. died, she submitted, or caused to be submitted, claims to Medicaid for services that she purportedly rendered to C.D. Paulo admitted that at the time she submitted, or caused to be submitted, those claims, she knew that C.D. was dead and that the claims were thus false. The amount wrongfully paid by Medicaid, between approximately September 2016 and April 2017, was $106,795.00.

Paulo also admitted that on April 17, 2017, she reported C.D. missing to the Fulton, Missouri Police Department. Paulo and Flores both admitted that they falsely told the police that they had seen C.D. alive and well, even after they knew C.D. was deceased.

Under Paulo’s plea agreement, she faces a maximum of 210 months incarceration. Under Flores’s plea agreement, he faces a maximum of 188 months incarceration. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case was investigated by the Jefferson City Resident Agency of the FBI Kansas City Division and the St. Louis Field Office of the Department of Health and Human Services Office of the Inspector General Kansas City Region. The case is being prosecuted by Assistant United States Attorneys Cindi Woolery and Gregg Coonrod of the U.S. Attorney’s Office, Special Litigation Counsel Julia Gegenheimer and Trial Attorney Janea Lamar of the Department of Justice Civil Rights Division Criminal Section. The Fulton, Missouri Police Department and Callaway County Prosecutor Christopher Wilson contributed significantly to the successful investigation and prosecution of this matter.

Topic(s): 
Civil Rights
Press Release Number: 
19-1297

Full Article & Source:
Former Caregivers Plead Guilty to Violating Rights of Resident with Developmental Disability

Thursday, November 21, 2019

Gov. Ivey awards $2.1 million to aid elderly and disabled abuse victims

Gov. Kay Ivey has awarded $2.1 million to the state Department of Human Resources to assist elderly and disabled adults who have been abused.

The grant will enable the department’s Adult Protective Services Division to provide several preventative options for victims who are suffering from abuse.

“No one should ever have to be the victim of abuse, and those who have unfortunately suffered from abuse need ready access to professional assistance,” Gov. Ivey said. “This grant will ensure assistance for those elderly and disabled adults who are victims of physical and mental abuse.”

The funds will help create safe surroundings for elderly and disabled adults either by providing in-home care and supervision to enable victims to remain in their homes after offenders have been removed or relocating the victims to nursing homes or assisted living facilities. Both measures are temporary until more permanent solutions are found.

The Alabama Department of Economic and Community Affairs is administering the grant from funds made available by the U.S. Department of Justice.

“Gov. Ivey is both compassionate and determined when it comes to preventing the exploitation and abuse of the elderly or disabled,” ADECA Director Kenneth Boswell said. “ADECA is pleased to join with Gov. Ivey and the Alabama Department of Resources to provide solutions to help these victims.”

ADECA administers a wide range of programs that support law enforcement, victim programs, economic development, water resource management, energy conservation and recreation.

Full Article & Source:
Gov. Ivey awards $2.1 million to aid elderly and disabled abuse victims

Tuesday, September 3, 2019

International telemarketing fraud sees man convicted for scamming the elderly out of $10 million

by Dylan Gibbons

According to a U.S. Department of Justice (DOJ) press release on August 20, a telemarketer has been sentenced to 63 months in prison followed by three years of supervised release for his involvement in a $10 million telemarketing scheme that stole money from primarily elderly victims in the U.S. through his call centers in Costa Rica.

“Carlin Woods, 35, of Merrillville, Indiana, was sentenced by U.S. District Judge Max Cogburn Jr. of the Western District of North Carolina,” the DOJ said. “Woods pleaded guilty on May 15, 2017, to one count of conspiracy to commit wire fraud, one count of wire fraud and one count of conspiracy to commit money laundering.”

As part of his plea agreement, Woods admitted to working in a call center where co-conspirators falsely posed as U.S. employees of various government agencies to convince his mostly elderly and vulnerable victims that they had won a substantial “sweepstakes” prize. He and his co-conspirators, then, fraudulently told victims that up-front payments were required for a “refundable insurance fee” before receiving their prize.

According to the DOJ, they used various applications, such as “Voice over Internet Protocol (VoIP) technology” to obfuscate their locations and make it appear they were calling from a Washington, D.C. area code.

Acting as an authority figure or masquerading as a loved one, such as a grandchild, is a common tactic many fraudsters targeting the elderly use to gain trust in such cases. In the former instance, an official sounding department is enough; in the latter instance, fraudsters often say they’re the elderly person’s grandchild and then play a game of ‘guess who’ with the elderly person until they can take on the identity of one of the elderly’s actual relatives.

To receive payments, Woods utilized a system whereby victims would send money to Costa Rica or “through people in the United States who collected money from victims and forwarded the payment to Woods and others in Costa Rica, he admitted.”

When he was sentenced, it was determined that Woods and his co-conspirators stole more than $1.5 million from victims as a part of a larger network.

According to the DOJ, since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the DOJ has been able to participate in hundreds of additional criminal and civil cases that “targeted or disproportionately affected seniors.”

The DOJ says that this law enabled the DOJ to undergo the “largest elder fraud enforcement action in American history” in March alone, wherein more than 260 defendants were charged with some form of elder exploitation in a nationwide elder fraud sweep.

Full Article & Source:
International telemarketing fraud sees man convicted for scamming the elderly out of $10 million

Sunday, April 29, 2018

What to Do If Your Parent Gets Scammed

The U.S. Department of Justice recently conducted the largest coordinated sweep of elder financial fraud cases in history, charging more than 200 people with stealing more than half a billion dollars from over a million Americans. But what should you do if you think your mother or father has been victimized by another scammer?

As the U.S. Department of Homeland Security says about suspicious terrorism activities: If you see something, say something.

At the American Society on Aging’s 2018 Aging in America conference in San Francisco, a panel of elder fraud experts said it’s critically important for “bystanders” — often family members — to intervene if they suspect elder financial abuse is happening. But people rarely do.

Citing one study, panelist Liz Loewy, general counsel and senior vice president of the elder fraud protection service Eversafe, said: “Forty-three of 44 cases of elder financial abuse are not reported.”

Even if you only have a strong hunch fraud has been committed, said panelist and elder justice consultant Judith Kozlowski: “If something is bothering you, trust your gut.”

Here are the top three scams targeting older Americans, based on calls received by the Fraud Hotline of the U.S. Senate Special Committee on Aging, and what to do if your parent fell for one:

Internal Revenue Service (IRS) Impersonation Scams


Here, the crook says the person owes back taxes and penalties, threatening things like an arrest or foreclosure unless payment is made. More than 12,300 Americans have lost over $64.9 million from the scam.

What to do: Report the call by using the IRS Impersonation Scam form on the website of the United States Treasury. Also, report it to the Federal Trade Commission (FTC) on that agency’s website; add IRS Telephone Scam in the notes.

Robocalls/Unsolicited Phone Calls


Your parent may have signed up for the Do Not Call registry, but that doesn’t mean he or she won’t receive robocalls or unsolicited calls. New technology has helped scammers get around the registry’s rules. Sometimes, the crooks are pitching investment scams. According to a 2017 AARP survey, over half of U.S. financial fraud victims are over 70.

What to do: Help your parent sign up for Nomorobo, a free service Loewy recommends that blocks certain robocalls. Nomorobo reroutes incoming calls to check them against a list of spammers. If the crook is on that list, the call will disconnect after one ring.

Sweepstakes/Jamaican Lottery Scams


Here, your parent mistakenly believed a caller or letter saying he or she won a lottery or was entered into a contest. So your mother or father paid a fee to collect the money or to improve the odds of winning. The phone scams often come from what looks like an 876 area code, Jamaica’s. What really happens: the “winner” just gets more calls from scammers demanding more money.

What to do: Report the scam to the FTC on the agency’s website or by calling 888-382-1222 as well as the state attorney general. If the prize offer came in the mail, report that to the U.S. Postal Inspection Service on its website.

Some Overall Guidance About Financial Fraud


To help spot and prevent financial fraud, read the materials in the financial exploitation part of the federal government’s Elder Justice Initiative site. And if your father or mother gets a suspicious call, call the U.S. Senate Special Committee on Aging’s Fraud Hotline (855-303-9470) and notify the Federal Bureau of Investigation (FBI).

“The FBI reminds seniors and their caregivers to be vigilant. If any person believes they are the victim of, or have knowledge of fraud involving an elderly person, regardless of the loss amount, they should report it to the FBI,” said the agency’s acting deputy director David Bowdich, when the Justice Department announced its crackdown.

Full Article & Source:
What to Do If Your Parent Gets Scammed

Sunday, February 25, 2018

Justice Department Coordinates Nationwide Elder Fraud Sweep of More Than 250 Defendants

Attorney General Jeff Sessions and law enforcement partners announced today the largest coordinated sweep of elder fraud cases in history.   The cases involve more than two hundred and fifty defendants from around the globe who victimized more than a million Americans, most of whom were elderly.  The cases include criminal, civil, and forfeiture actions across more than 50 federal districts.  Of the defendants, 200 were charged criminally.  In each case, offenders engaged in financial schemes that targeted or largely affected seniors.  In total, the charged elder fraud schemes caused losses of more than half a billion dollars.  The Department coordinated its announcement with the FTC and state Attorneys General, who independently filed numerous cases targeting elder frauds within the sweep period.

“The Justice Department and its partners are taking unprecedented, coordinated action to protect elderly Americans from financial threats, both foreign and domestic,” said Attorney General Sessions.  “Today’s actions send a clear message:  we will hold perpetrators of elder fraud schemes accountable wherever they are.  When criminals steal the hard-earned life savings of older Americans, we will respond with all the tools at the Department’s disposal – criminal prosecutions to punish offenders, civil injunctions to shut the schemes down, and asset forfeiture to take back ill-gotten gains.  Today is only the beginning.  I have directed Department prosecutors to coordinate with both domestic law enforcement partners and foreign counterparts to stop these criminals from exploiting our seniors.”

The actions charged a variety of fraud schemes, ranging from mass mailing, telemarketing and investment frauds to individual incidences of identity theft and theft by guardians.  A number of cases involved transnational criminal organizations that defrauded hundreds of thousands of elderly victims, while others involved a single relative or fiduciary who took advantage of an individual victim.  The schemes charged in these cases caused losses to more than a million victims.

"Winners. That’s what so many of the people who received these solicitations in the mail thought they were. But they’re not. They are victims (link is external) of scams that Postal Inspectors have seen and investigated for decades. In fact, some of the same operators we encountered 20 years ago are back. But so are we. Yesterday, Postal Inspectors around the country executed search warrants on 12 locations that some of these same operators used to run their scams. We’re letting the American public know – and especially our vulnerable older Americans – that Postal Inspectors are working hard to protect them and ensure their confidence in the U.S. Mail,” said Chief Postal Inspector Cottrell.

“Over the last year, the FBI has initiated more than 200 financial crimes cases involving elderly victims who were devastated financially, emotionally, mentally and physically. Picking up the pieces of these fraud schemes can be equally as traumatizing for the caregivers of these elderly victims,” said Acting Deputy Director Bowdich.  “The FBI reminds seniors and their caregivers to be vigilant. If any person believes they are the victim of, or have knowledge of fraud involving an elderly person, regardless of the loss amount, they should report it to the FBI.”

Actions against mass-mailing fraud industry
As part of the initiative, the Department’s Consumer Protection Branch, working with the U.S. Attorney’s Office for the Eastern District of New York and others, brought numerous cases this past week in a coordinated strike against more than 43 mass-mailing fraud operators, including criminal charges against six individuals.  In addition, law enforcement agents executed 14 premises search warrants from Las Vegas to south Florida, served numerous asset seizure warrants, and coordinated with the Vancouver Police in Canada, who executed over 20 warrants, including search warrants on business premises.

“The defendants targeted elderly and vulnerable consumers both in the United States and abroad, using U.S. addresses and the U.S. mails to try to legitimize their fraudulent schemes,” said U.S. Attorney for the Eastern District of New York Richard P. Donoghue.  “They sold false promises of life-changing prizes that never came true.  We will pursue the perpetrators of these mail schemes wherever they are located, and hold them accountable.”

These recently filed cases particularly targeted transnational criminal actors who collectively defrauded at least a million victims out of hundreds of millions of dollars.  Indeed, just one of the schemes prosecuted criminally by the Consumer Protection Branch operated from 14 foreign countries to cost American victims more than $30 million.  Click here for map showing a transnational, single fraud scheme.

Mass-mailing fraud inflicts hundreds of millions of dollars in losses to elderly U.S. victims each year.  Department prosecutors and U.S. Postal Inspectors have taken a comprehensive approach to combatting this fraud, disrupting and prosecuting individuals who manage the schemes, artists who draft the fraudulent solicitations, list brokers who supply victim lists, and individuals who collect victim payments. Click here for fact-sheet with cases on mass-mailing fraud.

Actions against other elder fraud schemes
Prosecutors across the country from the Criminal Division’s Fraud Section, the Consumer Protection Branch and the U.S. Attorney’s Offices have heeded the call to focus resources on elder fraud cases.  Over 50 U.S. Attorney’s Offices and Department Components filed elder fraud cases in the last year.  A list of Elder Fraud cases is provided on this interactive map.
Some examples of the elder financial exploitation prosecuted by the Department include:
  • “Lottery phone scams,” in which callers convince seniors that a large fee or taxes must be paid before one can receive lottery winnings;
  • “Grandparent scams,” which convince seniors that their grandchildren have been arrested and need bail money;
  • “Romance scams,” which lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose;
  • “IRS imposter schemes,” which defraud victims by posing as IRS agents and claiming that victims owe back taxes;
  • “Guardianship schemes,” which siphon seniors’ financial resources into the bank accounts of deceitful relatives or guardians.
Many of these cases illustrate how an elderly American can lose his or her life savings to a duplicitous relative, guardian, or stranger who gains the victim’s trust.  The devastating effects these cases have on victims and their families, both financially and psychologically, make prosecuting elder fraud a key Department priority.

Public education
The Department has partnered with Senior Corps, a national service program administered by the federal agency the Corporation for National and Community Service, to educate seniors and prevent further victimization. The Senior Corps program engages more than 245,000 older adults in intensive service each year, who in turn, serve more than 840,000 additional seniors, including 332,000 veterans.

Using its vast network operating in more than 30,000 locations, Senior Corps volunteers will communicate about elder fraud to potential victims across the country and will use their skills, knowledge and experience to educate their peers and caregivers about the most prolific types of schemes and how to avoid them. Click here for information on Senior Corps’ efforts to reduce elder fraud.

Coordination with foreign law enforcement
Exceptional assistance from foreign law enforcement partners amplified the effectiveness of the Department’s initiative.  The sweep announced today benefited greatly from the work of the International Mass-Marketing Fraud Working Group (IMMFWG), a network of civil and criminal law enforcement agencies from Australia, Belgium, Canada, Europol, the Netherlands, Nigeria, Norway, Spain, the United Kingdom and the United States.  The IMMFWG is co-chaired by the U.S. Department of Justice and FTC, and law enforcement in the United Kingdom, and serves as a model for international cooperation against specific threats that endanger the financial well-being of each member country’s residents.  Attorney General Sessions expressed gratitude for the outstanding efforts of the working group, including law enforcement action taken as part of the sweep by the Vancouver Police Department in Canada to halt mass mailing schemes that defrauded hundreds of thousands of elderly victims worldwide.

Elder fraud complaints
Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP.  The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.

Source:
Justice Department Coordinates Nationwide Elder Fraud Sweep of More Than 250 Defendants

Sunday, November 12, 2017

Government bails on fraud case against ManorCare

The U.S. Department of Justice has scored hundreds of millions in settlements from nursing homes for allegations of fraudulent billing for therapy, but those efforts faltered Thursday in a whistle-blower case against HCR ManorCare Inc., one of the largest companies in the industry.

Government lawyers, after being ordered this week to pay ManorCare’s attorneys the cost of a single filing in a dustup over a government witness, notified U.S. District Court for the Eastern District of Virginia that they were in agreement with ManorCare to dismiss the case.

“This was one of the biggest health-care fraud cases that the justice department had in litigation, certainly the biggest against nursing homes,” said Jeffrey J. Downey, a McLean, Va., attorney for whistle-blower Christine A. Ribik, who filed her case against ManorCare in 2009. “Their philosophy is to jettison a case the first adverse ruling they get?”

A trial was scheduled for January. Damages were estimated in the $500 million to $700 million range.

Downey said he told government lawyers that he and Ribik would not agree to a settlement under the False Claims Act that merely gets the government off the hook for fees and expenses, with no compensation to taxpayers or Ribik.

Ribik, as a whistle blower, is entitled to a hearing on whether the settlement is “fair and reasonable and adequate,” Downey said.

In a bid to avoid such a hearing, justice department attorneys are referring to an “understanding” with ManorCare, rather than a settlement, Downey said.

By avoiding a hearing on summary judge that had been scheduled for Thursday morning, the government also made it very difficult for Ribik to appeal, Downey said.

In an internal document, ManorCare emphasized that there was no settlement. “To be perfectly clear, we are not settling the case — the government is dismissing it fully and finally,” wrote ManorCare’s chairman, president, and chief executive officer, Steve Cavanaugh.

The justice department did not respond to a request for comment.

As recently as last week, the government argued that ManorCare, which has about a dozen nursing homes in the Philadelphia region, pursued a strategy from 2006 to 2012 to “game the Medicare system, by pressuring and manipulating its employees into providing thousands of hours of unnecessary and useless therapy, so that ManorCare could reap millions of dollars in improper reimbursements.”

Ribik, who had worked at three ManorCare nursing home facilities in Northern Virginia and alleged that she was pushed out after she started complaining about company Medicare-billing practices, said she was devastated by the actions of government attorneys.

“They didn’t have the dignity to show up and face me,” Ribik said, referring to an anticipated hearing today that was canceled after the government and ManorCare filed their joint motion to dismiss the case.

Since the beginning of last year, the federal government settlements with nursing home operators include those with Genesis HealthCare Inc. for $54 million, Reliant Care for $8.3 million, Life Care Centers of America for $145 million, and RehabCare for $125 million. There were also additional settlements in earlier years.

Full Article & Source:
Government bails on fraud case against ManorCare

Monday, September 4, 2017

Elder Justice Initiative Webinar



Hosted by Julie Childs, J.D., Consultant, Elder Justice Initiative, U.S. Department of Justice, Washington, DC, and featuring Brenda Uekert, Ph.D., Principal Court Research Consultant, National Center for State Courts, Williamsburg, VA.

Date & Time:
Wednesday, September 6, 2017 -
2:00pm to 3:00pm ET

Source:
Financial Exploitation in the Context of Guardianships and Other Legal Arrangements

Thursday, May 11, 2017

Financial Exploitation: When Taking Money Amounts to Elder Abuse

A lone senior male stressed about financial issues late in the evening.
About 1 in 20 older adults report being financially abused by a family member in the year 
prior, according to research funded by the U.S. Justice Department. (iStockphoto)

When her husband died suddenly and unexpectedly from a massive heart attack, “Mary” – who asked that her real name not be used due to the sensitive nature of her story – was devastated and began spiraling downward.

He was only in his late 60s and in relatively good health, she recalls. Mary fell into a severe depression after his passing. “I withdrew. I isolated myself,” says Mary, now 70, who lives in Playa del Rey, California. In addition to her abject despair, she believes the antidepressants she was taking contributed to suicidal thoughts. She attempted suicide – overdosing on powerful painkillers she had for treating her arthritis, she says. She was hospitalized in 2015 and admitted into an inpatient rehab facility to recover.

Mary had previously appointed her daughter as trustee under a family trust and agent under powers of attorney to manage her finances if she was ever unable to do so herself. And it was during this time that – due to Mary’s psychiatric issues – her daughter's authority under the POA and trust became effective. Mary had been financially supporting her daughter, who was living in Mary’s home along with her daughter’s son. But instead of acting in her mother’s best interests, “she ran up $120,000 in credit card debt, which I only recently found out about,” Mary says – money spent on everything from online shopping to food delivery. She purchased a new car in her mother’s name, a new refrigerator and three new computers, all with her mother’s money and without permission; she rented out her mother’s bedroom to bring in more income for herself; and she failed to pay property taxes on Mary’s home.

According to research funded by the U.S. Justice Department, about 1 in 20 older adults report being financially abused by a family member in the year prior. Though definitions vary, elder financial abuse is generally considered to be financial exploitation, such as stealing money or taking over assets without permission, of an older adult – 60 or 65 and older – by a family member, caregiver or another trusted person, like a financial advisor. By one estimate from the San Francisco-based financial services firm True Link Financial, seniors lose nearly $36.5 billion to financial abuse annually. A previous widely cited estimate from MetLife put the figure at less than one-tenth of that – still a high loss, at $2.9 billion; but many experts say that’s most certainly a gross underestimate, given how very few financial exploitation cases ever see the light of day. “That’s based on only cases that got media coverage, which must be some tiny fraction of 1 percent of all elder abuse cases,” says Kathleen Quinn, a senior advisor and past director of National Adult Protective Services Association.

More Than Money

Money lost is only part of the profound price paid by seniors who are financially exploited. Quinn says that some people lose their homes, and notes – based on research of the issue in Utah – an estimated 9 percent, or nearly 1 in 10, of those who are financially exploited go on Medicaid as a direct result.

Because the perpetrator is typically a family member or caregiver, experts say being financially exploited can deeply undermine a person’s ability to trust others, and lead them to withdraw and become isolated, which can make a person more vulnerable to re-victimization. Studies show financial abuse can increase hopelessness and risk for depression and raise suicide risk. “This is obviously about more than just money,” says Sarah Barnard, a social worker who manages an elder abuse prevention program at WISE & Healthy Aging, a nonprofit social services organization in Santa Monica, California. Going from a place of stable financial footing to no longer having money needed for daily expenses can be “psychologically devastating,” Quinn says.

After Mary’s condition stabilized, she was transferred to an assisted living facility. “I really wanted to come home, but my daughter said I couldn’t come home,” she says. So instead she languished for six months at the facility, paying $2,000 a month to be there, before finally coming home. Eventually, Mary notes that her psychiatrist called Adult Protective Services, who reported the issue to local law enforcement. Mary also enlisted Bet Tzedek Legal Services in Los Angeles – which provides legal assistance and advice in elder abuse cases, including financial abuse – to revoke her daughter’s power of attorney and regain control of her finances.

That’s proved an involved affair, as her daughter had been withholding her driver’s license, medical insurance cards, credit and debit cards and other money, says Dominique Sanz-David, a staff attorney at Bet Tzedek. Instead, Mary’s daughter generally just used Mary’s money for her own benefit, Sanz-David says.

Not having access to her own financial means or identification did more than rob Mary of money. “I was basically a faceless person,” she says. “She had me totally isolated.” Mary notes that she couldn’t even talk to her doctor without her daughter’s permission. The ordeal has not only taxed her financially, but it’s taken a toll on her mentally. “I was depressed,” Mary says. “I was hopeless.”

Outside Help

Experts say the scenario Mary found herself in is a familiar one, where an adult family member exploits a supportive relationship, such as when the perpetrator is already living in the home. Often those who are financially abused have recently lost a spouse and may otherwise be alone.

That makes it incredibly important – while also often being exceedingly difficult – for the individual experiencing the financial abuse to seek outside help. That includes contacting Adult Protective Services and law enforcement to put pressure on the perpetrator to cease the abuse. Though it can be difficult in many cases to recoup money lost – since frequently it’s spent and perpetrators commonly have limited monies of their own – experts still often advise filing a civil lawsuit as well.

Mary says Sanz-David has been instrumental in helping her regain control of her finances, while huge hurdles remain. Mary has worked with a debt consolidation attorney to begin paying down a lower negotiated amount on the credit card debt. She’s looking to return to the workforce – a difficult prospect, given her age, she says. And she’s planning to sell her house when she’s able and relocate, possibly out of state, she says, so that her property tax burden is lower. It’s all together a monumental undertaking.

It remains unclear what repercussions – including any criminal charges – her daughter will ultimately face as a result of Adult Protective Services reporting the issue to local law enforcement. Experts say victims – particularly older parents – are often unwilling to take action, like contacting law enforcement, against family members who’ve taken advantage of them.

Similarly torn, Mary still allows her daughter to live with her. Sanz-David advised Mary to get her daughter out the home, and told her she could get a restraining order against her because of the financial abuse. She also advised her to take civil action. But Mary has declined to do so. “Mothers and grandmothers do not want to hurt their children and grandchildren even at their own expense,” Sanz-David says; she adds that she’s advised Mary to contact her if she changes her mind.

A reluctance to take action – as well as shame and embarrassment of having been exploited – is frequently used against victims of financial abuse by those perpetrating the abuse, experts say, to not only conceal it, but to re-victimize.

Mary, for one, says she is firmly back in control of her finances – if still struggling mightily to pay for damage done by her daughter. “She doesn’t have the durable power of attorney, so she can’t commit any financial obligation to me without my permission,” Mary says, while acknowledging that some patterns continue.

“She’s told me that she’s sorry, and she’s going to get a job, but she isn’t looking for a job. So I’m looking for a job – a part-time or a full-time job to help pay the property taxes,” she says. As for not putting distance between herself and her daughter, she sees no choice in the matter. “She’s my daughter, and I do have unconditional love for her. She has nowhere to go. She has no income … she would be homeless,” Mary says; in which case, she adds, her daughter wouldn’t be able to take care of her 10-year-old son. “So I wouldn’t do that.”

But even though Mary has opted not to take legal action against her daughter as advised, she echoes elder abuse experts in emphasizing that outside intervention is absolutely critical to combat financial exploitation – even if it’s perpetrated by next of kin. “If you don’t, it just becomes a quagmire. It’s like one of the sinkholes in Los Angeles,” she says. “It just appears out of nowhere, and suddenly you’re in the sink hole, and you feel hopeless – you feel like there’s no way out.

Full Article & Source:
Financial Exploitation: When Taking Money Amounts to Elder Abuse