Showing posts with label elderly. Show all posts
Showing posts with label elderly. Show all posts

Tuesday, March 4, 2025

She steals over $25,000 from her sick and fragile grandmother to gamble online.

Written by Tricia Richards


In a shocking case of elder abuse, a British woman has been found guilty of stealing over £21,000 from her vulnerable grandmother to fuel her online gambling addiction. This disturbing incident highlights the growing issue of financial exploitation of the elderly and the devastating consequences of gambling addiction.

Betrayal of trust: A granddaughter’s heinous act

Charlotte Kidd, a 30-year-old mother of four from England, was recently convicted of abusing her position as her grandmother’s legal guardian. Over a two-year period, from September 2020 to November 2022, Kidd systematically siphoned off her grandmother’s savings, amounting to approximately €26,000.

As the appointed caregiver, Kidd was entrusted with managing her grandmother’s finances, including paying for her nursing home expenses. However, she exploited this responsibility by using her grandmother’s bank card to fund her own lifestyle and gambling habits. The case has sent shockwaves through the local community and raised concerns about the vulnerability of elderly individuals to financial abuse.

This incident bears a stark contrast to other recent stories of generosity and kindness, such as the heartwarming tale of a family scammed by fake Disneyland tickets receiving an incredible Christmas gift from a mysterious donor. While some individuals go out of their way to help others, cases like Kidd’s serve as a sobering reminder of the darker side of human nature.

The allure of online gambling and its consequences

Kidd’s actions were primarily driven by her addiction to online gambling platforms. The ease of access and the promise of quick wins have made these digital casinos increasingly popular, but they also pose significant risks. In Kidd’s case, the addiction led her down a path of deceit and criminal behavior, ultimately tearing her family apart.

The court heard how Kidd used her grandmother’s money not only for gambling but also to cover her personal expenses, including rent, bills, and even school uniforms for her children. This pattern of behavior highlights the all-consuming nature of gambling addiction and its potential to override moral considerations and family loyalties.

While some individuals find themselves in dire straits due to circumstances beyond their control, as seen in the case of a delivery driver who received only a $2 tip, prompting a police officer to raise over $19,000 for him, Kidd’s situation was entirely self-inflicted. Her actions serve as a cautionary tale about the dangers of addiction and the importance of seeking help before it’s too late.

The impact on the victim and the family

The emotional toll of Kidd’s betrayal on her grandmother has been profound. The elderly woman, already dealing with health issues and reduced autonomy, now faces additional stress and heartbreak. In her statement to the court, she expressed disbelief that a family member could commit such an act, saying, “This situation causes me a lot of stress… I can’t believe a member of my family could do this to me. It has deeply hurt me.”

The case has undoubtedly strained family relationships and trust. While some families come together in times of crisis, as seen in the story of a woman who rescued a dog chained outside for 13 years, Kidd’s actions have likely created irreparable rifts within her own family. 

The incident also raises questions about the adequacy of safeguards for vulnerable adults. Despite Kidd being the legal guardian, she was able to misuse her grandmother’s funds for an extended period without detection. This case underscores the need for better oversight and protection mechanisms for elderly individuals who rely on others for financial management.

Legal repercussions and societal implications

The Hull Crown Court, where Kidd’s trial took place, handed down a sentence that has sparked debate about the adequacy of punishments for elder abuse. Judge Alexander Menary noted the prolonged nature of the theft and Kidd’s apparent lack of remorse. Despite the severity of her actions, Kidd received a 20-month suspended prison sentence and was ordered to pay £2,500 in compensation to her grandmother.

This relatively lenient sentence has raised eyebrows and prompted discussions about whether the legal system is doing enough to deter such crimes. Some argue that stronger penalties are needed to protect vulnerable members of society and to send a clear message about the seriousness of elder abuse.

The case also highlights the need for increased awareness and education about the signs of financial exploitation. Just as the public was shocked by the tragic death of a tourist couple from tainted limoncello in Vietnam, society must be vigilant about the less visible but equally devastating effects of financial abuse on the elderly.

Addressing the root causes and prevention

While Kidd’s actions are inexcusable, her case points to broader issues that need addressing. The rise of online gambling and its accessibility pose significant risks, particularly to individuals with addictive tendencies. Stricter regulations and better support systems for those struggling with gambling addiction are crucial in preventing similar incidents in the future.

Moreover, the case underscores the importance of robust screening processes for those appointed as guardians or caregivers for vulnerable adults. Regular checks and balances could help detect and prevent long-term financial abuse. Financial institutions also have a role to play in identifying suspicious patterns of transactions that may indicate exploitation.

As society grapples with these issues, it’s worth noting that not all stories involving the elderly are tragic. Some, like the remarkable case of a woman found alive 52 years after her disappearance in the United Kingdom, remind us of the resilience and mysteries that surround human life. However, for every uplifting story, there are countless untold tales of abuse and neglect that demand our attention and action.

In conclusion, Charlotte Kidd’s case serves as a stark reminder of the vulnerabilities faced by the elderly and the devastating impact of addiction. It calls for a multifaceted approach involving legal reforms, better support systems, and increased societal awareness to protect our most vulnerable citizens. As we reflect on this troubling incident, we must strive to create a society where the elderly can live with dignity and security, free from the threat of exploitation by those they trust most.  

Full Article & Source:
She steals over $25,000 from her sick and fragile grandmother to gamble online.

Tuesday, July 30, 2024

NH seniors continue to fall prey to scammers as schemes proliferate

Victim of a phone scam? The New Hampshire Department of Justice’s Consumer Protection Hotline is open weekdays from 9 a.m. to 3 p.m. and can be reached by calling 1-888-468-4454 or (603)-271-3641.

By Shawne K. Wickham

They pose as bankers, government agents, IT experts, lottery officials, romantic partners — even relatives — with one goal: Stealing your money.

Despite ongoing news stories and warnings from law enforcement agencies, more than 100,000 Americans fell for scams last year — and two-thirds of them were seniors.

New FBI statistics show more than 400 New Hampshire residents 60 and older fell victim to scams in 2023 at a loss of more than $11 million.

Why is this happening?

Kristen Setera, spokesperson for the FBI’s Boston division, which includes New Hampshire, said seniors are targeted for several reasons. “They’re often more polite and trusting,” she said. “They may be lonely and spend a great deal of time alone.”

But she went on, “We also think they’re a ripe group for targeting because they’re financially stable and own their own homes.”

Bryan Townsend, senior assistant attorney general, said that while not only seniors fall victim to a variety of scams, “They’re targeted first and foremost because they have the most assets.”

“They’re a generation that saved well, that planned well, they have a variety of investment accounts that they can tap into, and scammers know that,” he said.

Townsend, who is the lead prosecutor for the Department of Justice’s elder abuse and financial exploitation unit, said the number of people engaging in this kind of criminal conduct is on the rise, both within the United States and internationally. In some ways, we’re making it easier for them.

“The more that our lives become automated, and we purchase things online, and our lives become online, our personal identifying information gets shared, and ultimately gets stolen and gets compromised,” he said.

As the population ages, scammers are changing how they approach potential victims, the FBI’s Setera said.

“The younger seniors, the Baby Boomers, have more computer skills than the older seniors, which means criminals are modifying their targeting techniques,” she said. “While the traditional scam artists and bad actors will use telephone calls and mass mailings, now there are burgeoning online scams like phishing and email scamming.”

Scammers often insist on confidentiality in their dealings with their targets, and do research online to find out details about their targets to be more convincing, Setera said.

One-fourth are tech scams

According to the FBI’s annual report on elder fraud, tech support fraud was the No. 1 scam perpetrated on seniors last year, while investment scams were the most costly for that group. Nationally, total losses topped $3.4 billion, an 11% increase from those reported in 2022.

In New Hampshire, 97 out of the 408 cases reported last year involved tech support scams. Romance or confidence scams led to the highest loss amounts here, a total of $2.45 million, followed by nearly $1.8 million from tech support scams.

As staggering as those numbers are, experts say these crimes go vastly underreported to state and federal authorities.

“I think a lot of seniors are less likely to report the crime out of shame and fear and embarrassment,” the FBI’s Setera said.

The DOJ’s Townsend has seen that reluctance by victims to report in cases he has prosecuted. But he said, “It’s not about being stupid at all. It’s about individuals preying on some sort of vulnerability that the victim has.”

“Whether that vulnerability is a sense of fear in the case of a grandparent scam, a sense of loneliness in the case of a romance scam, or a sense of desperation in the case of a lottery scam, it’s always feeding off some sense of vulnerability. And once they find it, they target that,” Townsend said.

One ongoing scam involves what the FBI calls “government impersonation,” in which someone poses as a police officer, IRS agent or another official, and insists the individual must pay a fine or risk arrest. “No one’s ever going to call and threaten you with arrest if you don’t send money,” Setera said. “That’s not the way any law enforcement agency operates.”’

In New Hampshire last year, 100 cases of reported fraud involved the use of cryptocurrency or cryptocurrency wallets to steal the victims’ money.

Townsend explained how that works: “What typically happens is the scammers will instruct a victim to go to a nearby convenience store that has a cryptocurrency ATM, to insert cash in the cryptocurrency ATM which then converts it to cryptocurrency, and then send it to a crypto wallet which the scammer controls.”

In some cases, scammers take cash directly from their victims and then use a crypto ATM to send it internationally, Townsend said.

Sting operation

The AG’s office recently announced the arrest of a Massachusetts woman who allegedly acted as a courier in a tech support scam that involved at least three victims.

Rachel Chen, 25, of North Andover, Mass., was indicted by a Merrimack County Grand Jury in June for conspiracy to commit theft by deception and attempted theft by deception, both Class A felonies. Authorities allege that Chen went to an Allenstown home on instructions from an “unknown co-conspirator” and obtained a package that she believed contained $22,000 in cash.

Instead it was a sting operation, and Chen was arrested.

The case arose after an Allenstown man became suspicious when a stranger contacted him to proffer technical support.

”This individual had been told that this computer was infected and his bank accounts were compromised, and that he needed to pay money to keep his money safe,” Townsend said. “The instructions were that …a bank employee would be coming to the house to collect the money and ultimately keep it safe.”

The man called Allenstown police who, in coordination with the AG’s office, conducted the sting operation that led to Chen’s arrest, Townsend said. Investigators have since identified two other victims, one in Nashua and another in Vermont, he said.

It’s sometimes difficult to understand how someone could fall for such a scheme. But Townsend said, “Unless you’re involved, unless you’re panicking about this significant loss of assets, you can’t really understand the panic and fear that happens. So I think that tends to cloud the judgment a little bit.”

Setera said families should be having ongoing conversations about the kinds of scams out there, and reminding older relatives not to divulge personal information online or over the phone.

Townsend advises having “a trusted person that you can rely on, whether it’s a family member or a good friend, or even someone at your local police department, who you can connect with and give a quick call to if something just doesn’t seem right.”

If you have been targeted, authorities say, it’s important to contact law enforcement quickly.

Consumers can call the Attorney General’s Consumer Protection Hotline: 603-271-3641. In addition, report scams to the FBI’s Internet Crime Complaint Center (IC3), online at: ic3.gov.

Full Article & Source:
NH seniors continue to fall prey to scammers as schemes proliferate

Wednesday, June 19, 2024

Video: Texas Police Stop Scammer Trying to Bilk Elderly Woman Out of $40K

“I wish we could find this guy and place him behind bars for a very long time," said Sgt. James Stewart after White Settlement police stopped a Bitcoin scammer from swindling an elderly woman.

By Jaida Joyner

A sharp-eyed citizen’s quick thinking saved an elderly North Texas woman from losing thousands of dollars in a Bitcoin scam, according to police.

Officers in White Settlement received a call from a concerned bystander who saw the woman depositing large amounts of money into a Bitcoin ATM at a convenience store in the 2000 block of South Cherry Lane.

Overhearing the woman on her phone, the caller suspected she was being scammed.

When officers arrived and found the woman, she told them she thought she was in trouble with Chase Bank and was merely following their instructions. The investigation revealed that the scammer had arranged a ride-share service to transport the woman from her home to a local Chase Bank branch, where she withdrew $40,000, and then to the convenience store with a Bitcoin ATM, White Settlement police said in a news release.

Unfortunately, she had already deposited $23,900 into the machine.

The police department is currently working with the Bitcoin law enforcement liaison and the Tarrant County Criminal District Attorney’s Office to recover her money.

Dash-camera video, body-worn camera footage, and audio from the 911 call caught the entire situation.

The scammer made threats to the woman, saying she would be arrested if she did not withdraw $40,000, police said. A common method of committing this kind of fraud involves spoofing the caller ID of an organization to show a name like Chase Bank.

Sgt. James Stewart, the responding officer, expressed his frustration with the scammer but was relieved to see the victim safe. “All I could do is visualize my mom in this case,” Sgt. Stewart said in the news release. “I wish we could find this guy and place him behind bars for a very long time because he is probably doing this to other people.”

In a heartwarming moment, the victim hugged both officers, expressing her relief and gratitude for their intervention.

The citizen who intervened will be recognized at an upcoming City Council meeting.

Full Article & Source:
Video: Texas Police Stop Scammer Trying to Bilk Elderly Woman Out of $40K

Sunday, November 19, 2023

Protecting Seniors from Scams

by Alyson Diaz, Korinne Dunn, and Saba Mengesha


Scholars discuss how senior citizens should be protected from various forms of elder fraud.

Last year, over 88,000 seniors reported being victims of elder fraud. Together, these victims lost over $3 billion.

And the number of victims is likely higher. Seniors might not report abuse due to fear of being perceived as incapable of managing their affairs or being uncertain about where to report suspected fraud.

The elderly are disproportionately the most common targets for different forms of abuse and fraud, including financial, cyber, and romantic scams. Seniors are frequent targets for financial fraud because they are more likely to have high credit scores and own multiple assets. These scammers exploit seniors’ inexperience with the internet, loneliness, and physical or cognitive impairments.

Romance scams are all too common as well, with seniors collectively losing over a billion dollars in these scams in 2022. For example, a recently widowed senior repeatedly sent tens of thousands of dollars to someone she had fallen in love with to pay for their nonexistent medical procedure.

State agencies are the primary institutions resolving elder exploitation. In 2010, Congress passed the Elder Justice Act, allocating funds for state Adult Protective Services (APS) agencies to combat elder abuse.

Most APS agencies require individuals working in social services, law enforcement, financial services, and the medical profession to be mandatory reporters of suspected fraudulent activity against seniors. Once a report is filed, case workers counsel the victim and refer criminal cases to state law enforcement.

To help law enforcement officials catch scammers, the Federal Trade Commission (FTC) created the Consumer Sentinel Network. This network provides state enforcement agencies with access to consumer complaints across jurisdictions, enabling them to coordinate efforts to stop common offenders.

Because of the prevalence of scams against the elderly and the difficulty in recuperating lost assets, federal agencies focus on prevention initiatives. The FTC, for example, issues public warnings recommending that victims to end communications with potential scammers, and elders search the internet for others who may have been targeted in the same way.

Advocates for more federal regulations tailored to curtailing elder fraud argue that, given seniors’ vulnerability and wealth, they need legal protection from predators. In particular, these advocates call for greater federal government involvement in investigating reports of elder exploitation and more cooperation across agencies to address all forms of abuse.

In this week’s Saturday Seminar, The Regulatory Review summarizes the work of scholars who offer varying suggestions on protecting elders from abuse.

  • In an article for the University of Michigan Journal of Law ReformDavid Adam Friedman of Willamette University College of Law examines solutions to mitigate harm posed by “impostor scams.” These scams involve individuals who pretend to be someone else for personal gain and are the most frequently reported category of consumer fraud, explains Friedman. Friedman suggests that policymakers shield victims from these scams by implementing a “least-cost avoider” approach. Friedman explains that such an approach would force intermediaries through which scammers act—for example, social media platforms and telecommunications providers—to absorb the costs. This kind of regulatory framework would protect victims, including the elderly, from financial harm, argues Friedman.
  • Policymakers must work to protect elders from power of attorney abuse, argues Genevieve Mann of Gonzaga University School of Law in an article in the Maryland Law Review. The power of attorney—a legal document that allows a person to make decisions on behalf of another—as well as individuals who wield this power, are subject to little oversight, explains Mann. Mann argues that regulatory changes should include stricter supervision of agents through a centralized power of attorney registry, a system for notifying elders of actions that their agents take on their behalf, and a mechanism by which elders receive periodic financial accounting.
  • Regulators should include romance scams in the statutory definition of elder financial exploitation to allow financial institutions to distinguish acceptable transactions from scams, urges Milteva Andonellis from Kirkland & Ellis LLP in an article for The Elder Law Journal. Banks can observe financial exploitation but are unlikely to report it because of the ambiguous definition of elder financial exploitation, contends Andonellis. Adonellis explains seniors voluntarily send funds to a romance scammer through wire transfer, usually to an overseas account. The inclusion of romance scams in the definition of elder exploitation should acknowledge that even though banks require the sender to verify the recipient’s name, scammers take advantage of the senior’s romantic feelings to justify any discrepancies, warns Andonellis. Andonellis argues that recognizing romance scams under the statutory definition of elder financial exploitation will allow financial institutions to distinguish acceptable transactions from scams.
  • In an article for the Iowa Law Review, Katrice Bridges Copeland of Pennsylvania State Law describes how the more relaxed rules for telemedicine services during the pandemic could make Medicare recipients more vulnerable to fraud. For example, the Centers for Medicare and Medicaid Services eliminated certain restrictions on telehealth, including giving reimbursements for telehealth visits for rural and urban patients and allowing telephone-only visits, explains Copeland. One of the most harmful rule changes, argues Copeland, allows seniors to receive telemedicine services from medical providers with whom they have no prior relationship. These providers can then easily prescribe medical equipment, drugs, and tests without regard to medical necessity and subsequently profit from the Medicare payments for such tests, warns Copeland.
  • The FTC’s suggestion for consumers to install spam blocker apps is an insufficient safeguard against harassing calls, argues Nicole Egan from Cohu in an article for the University of Massachusetts Law Review. Consumers, particularly senior citizens and individuals who are cognitively impaired, are often targeted by fraudulent phone calls or texts, resulting in financial and psychological harms, explains Egan. In 2020, the FTC received over three million complaints from people who still received robocalls despite listing their numbers on the National Do Not Call Registry, notes Egan. Stricter identification requirements for phone number user registration and bans on the sale of personal data could provide better protection, suggests Egan.
  • In an article for The Elder Law JournalJames S. Spaulding from Koya Law LLC argues that since the elderly are “prime targets” of predatory vacation rental property sales and resale tactics, greater legal protections are needed. Spaulding notes that “high-pressure sales tactics” for vacation rentals are pervasive, and the difficulty purchasers face in recuperating lost assets makes them attractive to scammers. Federal legislation should protect consumers, especially the elderly, against predatory sales and resale practices for vacation rental properties by mandating public reporting of suspected fraud, insists Spaulding.

Full Article & Source:
Protecting Seniors from Scams

Friday, June 3, 2022

Frayed Relationships Could Leave Elderly Vulnerable to Scammers


Older adults who are lonely or unhappy with their relationships may be more vulnerable to scammers, new research suggests.

The study shows that "the quality of older adults' interpersonal relationships has an impact on their financial vulnerability at a later time," said study co-author Duke Han, a professor of family medicine, neurology, psychology and gerontology at the University of Southern California Keck School of Medicine.

Having social connections may help guard against financial abuse, in addition to its other benefits, according to the research.

"This study points to a specific factor -- social functioning -- that could allow us to predict, and ultimately prevent, vulnerability to financial exploitation before it happens," said co-author Aaron Lim, a postdoctoral fellow in Han's research lab. Both Han and Lim spoke in a school news release.

The study included 26 adults, all at least 50 years old with an average age of 65. The researchers evaluated each participant's overall health, mental functioning, depression, anxiety and prior history of financial exploitation.

The team then collected data at two-week intervals for six months, measuring how well the participants' relationships were functioning. They did this by asking how frequently they had argued with someone, felt rejected, felt lonely, wished their relationships were better and wished they had more friends.

Questions to estimate vulnerability were also included, such as, "How confident are you in making big financial decisions?" and "How often has someone talked you into a decision to spend or donate money that you did not initially want to do?"

"When a person reported a spike in problems within their social circle or increased feelings of loneliness, we were much more likely to see a corresponding spike in their psychological vulnerability to being financially exploited two weeks later," Lim said.

These results may provide insight on how to protect against common scams, from phishing emails to calls in which a scammer pretends to be the recipient's grandchild in urgent need of money.

Lim suggested adult children and grandchildren watch for social upsets in their older loved ones' lives, including the death of a close friend or an argument with a family member, to help protect them during these vulnerable times. Organizations that support seniors can also provide additional opportunities for social connection.

The findings were published recently in the journal Aging & Mental Health.

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Tuesday, May 17, 2022

Judge demands harsh sentence for ex-attorney accused of embezzling millions from Utah clients

Former Salt Lake City attorney Calvin Curtis faced about six years in prison as part of a plea agreement. The judge insisted on more prison time.
 
(Francisco Kjolseth | The Salt Lake Tribune) Traffic passes the federal courthouse in Salt Lake City on Friday, March 13, 2020. At a hearing on Tuesday, a federal judge tossed out a sentencing proposal for former Salt Lake City estate attorney Calvin Curtis, demanding that the lawyer accused of defrauding his clients of millions receive a harsher prison sentence.

By Kolbie Peterson

A federal judge in Utah tossed out a sentencing proposal Tuesday for former Salt Lake City estate attorney Calvin Curtis, demanding that the man accused of defrauding his clients out of millions receive a harsher prison sentence.

The proposal of about six years in prison had been agreed upon by federal prosecutors and Curtis’ defense attorney ahead of the hearing. U.S. District Judge David Barlow was expected to take it into consideration before imposing a sentence.

Instead, rejecting the proposal altogether, Barlow said that as Curtis allegedly stole $12.7 million from 26 of his clients — all elderly, disabled or incapacitated — over about 13 years, the suspected fraud was “cold-blooded, premeditated and repeated.”

Curtis “perverted” the law, Barlow continued, and “enriched himself on the backs of those who needed his help.”

‘Lavish lifestyle’

Prosecutors have argued Curtis used that money to fund a “lavish lifestyle,” which included frequent travel, expensive gifts, tickets to basketball and football games, and pricey renovations and mortgage payments on his former mansion home and office on South Temple.

Assistant U.S. attorney Ruth Hackford-Peer said in Tuesday’s hearing that the proposed sentence of 73 months in prison was not a perfect resolution, “but it’s a good one.”

Several of Curtis’ victims attended the hearing, filling the courtroom along with family members and caregivers. One mother pushed in a stroller her disabled 9-year-old daughter, who wore a yellow bow in her hair and braces on both wrists.

They were expecting Barlow to issue a sentence, and many made statements during the hearing. One woman walked up to the podium while holding onto a loved one’s arm to steady herself. A man in a wheelchair gave 62-year-old Curtis a long look as he passed the table where Curtis sat with his attorney.

As the victims shared their stories of how devastating it has been to lose money that they would have used for various needs such as food, clothing, medicine and health care, a common refrain was for Barlow to impose the maximum sentence.

“I don’t think Calvin is human,” one woman said quietly. “I feel that he’s the devil.”

In a statement Tuesday, Curtis said, “A lot of people have talked about me, and most of what they have said is true. I’m very sorry for that.”

‘Heinous’ crimes

When it came time for Barlow to announce a decision, he said the proposed prison sentence — plus a restitution judgment of $12.7 million and supervised release for three years as part of Curtis’ plea agreement — was not harsh enough.

Since Curtis’ crimes were “so heinous,” Barlow said, he should receive a prison sentence at the higher end of the range that is customary in such a case, which is 10 years.

The judge added that he is “not convinced” that Curtis — who is charged with wire fraud and money laundering — takes responsibility for his actions or feels remorse.

Barlow asked the attorneys for both sides to negotiate again and come up with a new sentencing proposal. A new hearing date was not immediately set.

A spokesperson for the U.S. Attorney’s Office declined to comment.

Laura Milliken Gray, an attorney for a woman with Alzheimer’s disease from whom Curtis has admitted to embezzling more than $9 million, called Barlow’s decision a “surprise.”

Her client’s daughter-in-law, Sherry McConkey, said she is “excited” at the prospect of Curtis getting more time in prison than expected. But she added that it’s “hard” the case will go on longer, “because I just want it to be over and done with.”

Greg Skordas, Curtis’ attorney, said, “We were not surprised. We’re disappointed.”

“We came a long way and hoped to be able to seal the deal today,” he continued. “It’s not the end. We’re not finished.”

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Wednesday, March 16, 2022

‘The Power to End a Person’s Life’

by Eleanor J. Bader

A crowd protesting artist Peter Max's forced guardianship.

The Population Reference Bureau estimates that within the next eight years, more than seventy-six million U.S. residents will be over the age of sixty-five. Many will remain healthy, active, and engaged for the duration of their lives. Others, however, will need assistance.

This is also true for the more than sixty-one million Americans who live with a disability, nearly eight million of whom are estimated to need help with personal care. That’s where guardianship—or if real estate is involved, conservatorship—comes into play.

In its most perfect form, a guardian is appointed by a court to help an elderly or disabled person who has been deemed “incapacitated”—defined as being unable to manage self-care or the tasks of daily living. The goal is to protect them from abuse, neglect, and exploitation. But as the well-publicized guardianship cases of Peter Falk, Britney Spears, and Wendy Williams have revealed, guardianship can include gross judicial overreach and lead to overly restrictive control by one person over another.  (Click to continue reading)

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Monday, January 17, 2022

WANTED: Two Bronx, New York men for elderly scam theft in Ocean County, NJ


Two men who reside in the Bronx, New York are wanted for their roles in an elderly scam that took place in Ocean County, Barnegat Police Chief Keith Germain and Ocean County Prosecutor Bradley Billhimer announced on Thursday.

There are warrants out for the arrests of 34-year old Jorge Peguero-Mendez and 24-year old Richard Quinones-Perez who have each been charged with Theft by Deception as well as Conspiracy to Commit Theft by Deception.

This all stems from an incident that occurred last month in Barnegat when an elderly woman received a call from a man claiming to be her grandson.
 
He said he was in a motor vehicle accident in New York City and that he was arrested because the other driver sustained injuries and that he already had a lawyer appointed to represent him.

Shortly thereafter, the woman got a second phone call, this from a man claiming to be the man's attorney (her fake grandson) and he said he could get her 'grandson' out of custody if she gave him $8,000 in cash.

Both men then drove down to Barnegat and one of the men pretended to be a courier there to pick up the $8,000.

When she spoke to her family, the woman realized that she had fallen victim to a scam and that her grandson was not arrested.
 
Barnegat Police began an investigation and along the way they learned that similar incidents, scams had occurred recently in Hopewell Township as well as up in Nassau County, New York.

As the investigation progressed, Barnegat Police worked with Hopewell Police, the U.S. Department of Health and Human Services - Office of the Inspector General, Nassau County New York Police Department and the Ocean County Prosecutor’s Office Economic Crime Squad.

Peguero-Mendez and Quinones-Perez were later identified as the individuals responsible for the scamming incidents in all those areas.

If you or someone you believes you've been victimized by these men or know any information on where they are, you're urged to contact Officer Robert Armstrong of the Barnegat Township Police Department at (609) 698-5000.

“These types of incidents should serve as a cautionary tale for all of our senior citizens here in Ocean County, as well as a reminder that unscrupulous individuals are out there just waiting to prey upon the most vulnerable members of our community,” Prosecutor Billhimer said in a statement. “Please be vigilant in identifying these fraudulent phone calls, and recognize that any phone call or message requesting large sums of cash or wire transfers is likely a scam. These types of calls should be immediately reported to law enforcement."
 
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Friday, October 29, 2021

Senior Security

By Kathleen Maloney

Making sure that older Americans are of free from abuse, scams, and poor administration of their finances and health isn’t a new pursuit. But as the nation ages, aid from the legal system becomes more critical.
 

Two adult daughters turned to the legal system this year because they were troubled by how their father’s finances were being handled. Their father has dementia and his friend, an accountant, had authority, through a financial power of attorney, over the father’s money. The daughters believed the friend wasn’t keeping up adequately with the finances.

The situation led the women to Judge Dixilene Park’s courtroom in Stark County Probate Court in late September. They asked to be named guardian of their father’s “estate,” or property, which included his finances, and as guardian of their father himself.

Convinced of the daughters’ concerns, Judge Park terminated the accountant’s power of attorney and appointed one of the daughters as guardian.

It’s an example of the issues confronting those with aging parents, relatives, neighbors, and friends.

Need for Protection, Assistance Likely to Climb
As the population in the United States grows older – and it’s happening at a rapid rate – expect such worries about the care and safety of elderly family and friends to escalate. Each day, 10,000 people in the country turn 65 years old, according to the U.S. Census Bureau. In 1900, the number of people 65 and older in the United States was 3.1 million – about 4% of the population, but by 2000 it had grown more than tenfold, to 35 million, which was roughly 12%.

Bar graph representing U.S. Population Age 65 and Older: 1900 to 2019

The number of people age 65 and older in the United States has climbed significantly since 1900 – from 3.1 million that year to approximately 51 million in 2019. Source: U.S. Census Bureau.

In 2019, those 65 and older made up 16.5% of the population.

Guardianships are one tool for assisting people with personal and financial decisions and for protecting them from abuse, neglect, or scams, some of which have resulted in the loss of life earnings. In Ohio, probate courts appoint guardians for adults who are determined to be “incompetent.” For an older person or a disabled adult, that means they need help because they are incapacitated in some way and can’t manage certain aspects of their lives. Family members don't need an attorney to request a guardianship in court.

Judge Park said she considers an array of options when someone’s competency is being questioned, pointing out that Ohio’s rules for probate courts mandate that judges first look at alternatives less restrictive than guardianships. Those options could include appointment of a power of attorney for finances or a power of attorney for healthcare.

“There’s a continuum,” said Judge Park. “Some people are a little forgetful. They don’t need a guardian, but just a little help.”

Besides powers of attorney, courts also may consider a trust, a joint account, a designated payee for certain benefits, or protective services.

Experts Advocate for Elder Bill of Rights and More
Weighing alternatives to guardianships was a centerpiece of this year’s National Guardianship Summit. The organizations, advocates, judges, lawyers, scholars, and others who participated focused on practices to establish effective guardianships and reforms. This summit’s theme emphasized maximizing the autonomy of those for whom guardians are appointed and ensuring the accountability of the guardians overseeing them. Participants offered 22 recommendations.

Among their recommendations is a bill of rights for adults helped by guardians to ensure their dignity, privacy, autonomy, and full participation in decisions. Also endorsed:

  • Guardianship diversion programs
  • Supported decision-making, which is assistance with making and communicating decisions about one's life to others
  • Tailored and limited guardianship orders
  • Opportunities to modify or terminate guardianships when circumstances change.

As Judge Park mentioned, Ohio has aspects of these proposals already built into probate court rules. “Best interest,” for example, is defined as “the course of action that maximizes what is best for a ward, including consideration of the least intrusive, most normalizing, and least restrictive course of action possible given the needs of the ward.”

Diane Robinson of the Center for Elders and the Courts at the National Center for State Courts (NCSC) agrees that the summit recommendations aren’t new topics of discussion within guardianship circles.

“But I think these ideas are gaining ground with the public,” Robinson said. “I never thought I’d say this, but, ‘Thank you, Britney Spears.’”

Pop star Spears has been the subject of extensive recent media coverage as she tried to extract herself from a “conservatorship” set up in California in which her father had control over her money and many of her personal and medical decisions. A California conservatorship is similar to a guardianship in Ohio. The topic generated so much public attention that the U.S. Senate held a hearing in late September on “toxic conservatorships.”

It seems clear that two goals are in play with guardianships – to assist and protect individuals, while simultaneously keeping the oversight from going too far. And in rare instances, measures need to be taken to make certain that the guardians themselves aren’t causing harm.

Those the court appoints guardians for are people who are most vulnerable in the community. We want to be sure they’re taken care of.
Judge Dixilene Park, Stark County Probate Court

‘Court Angels’ Mobilized to Check on Wards and Guardians
Judge Park notes that nearly all people for whom guardians are appointed, sometimes called “wards,” have positive relationships with their guardians. But courts want to know when there are problems. To safeguard older adults and to avert abuse, neglect, and exploitation by guardians, courts have implemented monitoring programs, Judge Park said.

“It serves as a deterrent to abuse,” she said.

State probate court rules require guardians to see their wards at least quarterly. In Stark County, Judge Park requires guardians to visit wards at least once per month. The court also recruits volunteers who agree to check in on wards and their guardians and observe how they interact. Called the Court Angel Program in Stark County, senior citizens and college students often volunteer.

Judge Park wants to thwart situations like one she encountered years ago in which an 84-year-old woman was crawling on the floor of her home to get around. The woman couldn’t use her walker in the small spaces of the home, so her daughter, who was her guardian and had to work, would leave food on the floor for her mother. The mother lost 16 pounds in a short timeframe. Visitors checking on the woman rang the alarm bell, and the court appointed another guardian and moved the woman to a facility that could provide more consistent care.

Sometimes courts discover that family members are stretched too thin to give the care that’s needed. At an NCSC webinar on reforming guardianships, Judge Michael Long, an associate judge of the Grand Traverse Band of Ottawa and Chippewa Indians in northwestern Michigan, notes that, generally, the first thought is to appoint family members as guardians.

“For a variety of reasons, though, family dynamics might not allow this to occur,” he said. “And, further, we find that many individuals are working later in life, so to seek out a guardian to protect our elders we need to make sure that they have time to do it.”

A visitor program goes beyond paper reports required by probate courts to interact with a ward face-to face and find out how the guardianship – whether handled by a family member or another person – is working. A recent tally indicates that six of the state’s probate courts have launched visitor programs to check regularly on wards. This summer, the Ohio Supreme Court released a toolkit to assist courts in setting up these programs. Community partners, civic service groups, and faith-based organizations can help identify volunteers for the court and spread the word about the opportunities and need. Thorough training and ongoing support from the court for volunteers are key for building a strong monitoring program.

“I would love to see more courts establish active monitoring of guardianships – actually laying eyes on the person, making sure they’re OK and that the guardianship is still appropriate,” said Robinson of the Center for Elders and the Courts.

“Those the court appoints guardians for are people who are most vulnerable in the community,” Judge Park said. “We want to be sure they’re taken care of.”

It’s a question of looking at the individual and tailoring a guardianship to that person’s needs.
Diane Robinson, NCSC Center for Elders and the Courts

Dispute Resolution Can Be Effective in Elder Cases
Along the continuum of options to aid the older adults in her community, Judge Park leverages informal and formal strategies to divert from unnecessary guardianships. Informally, she has had her staff dig into details of a family’s circumstances before the court makes any competency determination that would lead to a guardian being appointed.

More formally, she has referred cases to eldercare coordination, a dispute resolution process especially for high-conflict cases.

“It’s a way to try to avoid guardianships, but still focus on the older adult’s safety, best interest, and making sure they have their needs met,” Judge Park said.

In one family that went through eldercare coordination, the mother had received a substantial inheritance, but the three adult sons didn’t get along and couldn’t agree on the care for their mother. One of the sons lived with his mother but did little to assist around the house, Judge Park said. For the mother to be able to stay in the home, she needed help.

Through the dispute resolution process, the siblings agreed to pay the son living at home to take care of specific tasks, such as making sure his mother ate meals. The family would hire professional services for other needs. As a result of the agreement, the mother didn’t have to be moved to a facility, Judge Park said.

Best Plans Depend on Thorough Medical Assessments and Customized Care
By devising guardianships that are limited to only what is needed, courts can ensure that people who require a specific type of help still can retain their autonomy.

“It’s a question of looking at the individual and tailoring a guardianship to that person’s needs,” Robinson said. “There have to be real checks and balances between maintaining independence and protecting the individual.”

Probate courts rely on competency evaluations, also called capacity determinations in some parts of the country, when deciding to appoint a guardian. Robinson notes that these assessments from physicians or psychologists are essential to courts in making the best decision for someone.

“It’s important to get a good capacity evaluation – something more than a brief report from a general practitioner,” she said. “A more detailed evaluation from a gerontologist or a practitioner who specializes in geriatrics will provide specifics to better enable the court to set up the guardianship as narrowly as possible.”

Judge Long stated in the guardianship reform webinar that when judges are confronted with a case involving a person they’re told has dementia or other disabilities, they at times overcompensate, with the best of intentions.

“The first thing you want to do is protect that individual,” he said. “The easy way to do that is to strip them of all authority and place them with this other party. We’re learning that this doesn’t need to happen, that we can have narrowly tailored orders.”

Dallas County Probate Court Judge Brenda Hull Thompson, who also spoke at the webinar, agreed, stating that a limited philosophy is practiced in Texas.

“Creating guardianships is not a license for taking rights away from people,” Judge Hull Thompson said. “We want to craft a guardianship that meets needs. We don’t want to infringe on individual rights and liberties.”

Judge Park points out that wards typically continue to hold many rights, such as the right to vote, to drive, to marry and divorce, and to practice their religion.

“Just because you’re a guardian, you don’t get to dictate everything,” Judge Park explains. “You’re not taking over the individual’s life. You’re just making sure they’re OK.”

Creating guardianships is not a license for taking rights away from people.
Judge Brenda Hull Thompson, Dallas County Probate Court, Texas

Scams, Financial Abuses Often Targeted at Elderly
Financial exploitation of older adults is another area of concern that attracts widespread public attention.

Earlier this year, stories splashed across national media about Beverley Schottenstein. Her late husband, Alvin, and his brothers built well-known furniture and retail chains in central Ohio. When two of Schottenstein’s grandsons joined JP Morgan Chase & Co. in 2014, she entrusted about $80 million to them as her financial advisers, a Bloomberg News article stated. Over time, Schottenstein, now in her mid-90s, became suspicious about how her money was being managed. According to a 2019 independent review, account statements were missing, Schottenstein’s money had been placed in inappropriate and risky investments she wasn’t told about, she was charged large commissions, and mysterious charges appeared on her credit card, the Bloomberg article stated. The grandsons said they acted according to her wishes.

In February of this year, Schottenstein won a $19 million ruling in an arbitration before the Financial Industry Regulatory Authority, which found Chase’s securities unit and the grandsons liable for abusing their fiduciary duty, making fraudulent misrepresentations, and elder abuse.

Her story doesn’t involve a guardianship, but Schottenstein said on a Columbus radio show that friends as well as strangers have thanked her for shining a light on elder abuse, which some had experienced themselves and that can happen to anyone.

Line graph representing the steady increase in Ohio adult guardianships from 2011 through 2020

Guardianships approved by Ohio probate courts may stay open for years. The number of ongoing adult guardianships in the state has risen from about 42,000 in 2011 to 49,000 in 2020 – with roughly 6,000 to 7,000 new applications for guardianships of adults submitted annually. Source: Ohio Supreme Court, Case Management Section.

Financial exploitation of vulnerable individuals is seen in Ohio courts as well. Judge Park described a widow in Stark County who was struggling after her husband’s death and began drinking heavily. During this time, an online “boyfriend” bilked her of $400,000. The court appointed the woman’s daughter as guardian to deal with the financial troubles.

Judge Park mentioned the story also as an example of how guardianships can be temporary and situational, rather than an all-or-nothing approach. Two years after the court appointed the daughter as guardian, the widow had become sober and was going to Alcoholic Anonymous meetings, and a family member had moved in with her. The court was able to terminate the guardianship because it was no longer necessary.

Courts and Partners Work Together to Fight Problems
Probate courts don’t work in a vacuum in their efforts to protect and assist older adults. In some counties, court staff join local teams with prosecutors, local aging agencies, adult protective services, sheriff’s departments, banks, and Social Security representatives to engage in an ongoing dialogue to tackle these issues. The Ohio Attorney General’s Office has an Elder Justice Initiative, which works with organizations and communities to investigate elder abuse cases and improve services.

The Franklin County Probate Court has established a county guardianship service board with the county Alcohol, Drug and Mental Health Board and the Franklin County Board of Developmental Disabilities to pool resources to appoint a “public guardian” when individuals have no other adult or organization available or appropriate to be guardian. The board is staffed with social workers to provide guardianship services. Fairfield County also has created a guardianship board, and the Delaware County Probate Court plans to launch its board in January.

These collaborations reflect a concerted focus to identify and address situations where vulnerable older adults aren’t being cared for with dignity and respect or are experiencing neglect, abuse, or exploitation. As Judge Long of Michigan noted, citing a 1977 quote from Hubert Humphrey, the former U.S. senator and vice president:

“The moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the elderly; those who are in the shadows of life, the sick, the needy and the handicapped.”

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Saturday, March 6, 2021

DIMOND: The world of elder guardianships

By Diane Dimond

Given that this is a crime and justice column it is pretty safe to say this will likely be the only time I do a movie review.

But given the subject matter of the new movie, “I Care A Lot” this film is right up my alley.

As long-time readers may remember I have frequently written about the nationwide evils of exploitative elder guardianships and that is the world so descriptively depicted in this new Netflix offering.

Actress Rosamund Pike portrays Marla Grayson, a diabolic, self-dealing guardian appointed by a judge to manage the lives of elderly people he has found to be “incapacitated.” What leads him to believe that these seniors cannot manage their own homes, medical care and finances? The guardian has filed a petition with the court declaring that to be the truth and, as happens in real life, this movie judge simply accepts that this officer of the court is telling the truth.

I found a myriad of actual cases, nationwide, in which that original petition for guardianship was grossly exaggerated and in some cases completely fabricated. But once a judge accepts such a petition and the senior becomes a “ward of the court” it is next to impossible to undo. Guardians, often paid hundreds of dollars an hour, and those they hire on to attend to the elderly are paid for out of the ward’s life savings. It is a cottage industry of elder law attorneys, guardians, caregivers, real estate agents and others who feast on the spoils of the ward’s life after guardianship takes hold.

Actress Pike so accurately embodies the reprehensible behavior of unscrupulous guardians that I found myself remembering real life court appointees who have employed the same tactics. Targeting a wealthy, lonely elder who needs no (or minimal) care, quickly placing them in a nursing home, selling their house and all possessions and using every dirty legal machination they can to sink their claws deeper into their prey. If the elder person (or their family) reacts negatively the guardian tells the judge there is danger afoot and more restrictions are put in place. Wards are often locked away from their family and over mediated to keep them docile.

I’ve seen all these things happen in guardian cases from Florida to California, from New Mexico to Maine and lots of states in between. This stuff really happens no matter what the “professionals” in the field tell you. Some states have passed reform legislation, but little has changed and unbelievable indignities and illegalities continue. I hear about new cases on a weekly basis.

In the movie guardian Grayson colludes with a doctor who is handsomely rewarded for pointing the guardian to “a cherry” patient. To wit: Jennifer Peterson, a wealthy older woman who appears to have no family (wonderfully portrayed by actress Diane Wiest.) Grayson also conspires with a nursing home operator to carefully restrict her ward’s access to the outside world. Nurses and orderlies comply with orders to never let Peterson use a phone or leave the property.

When Peterson acts out in desperation her guardian convinces the judge she needs to go to a locked psychiatric ward. Over medication continues.

Again, I’ve investigated real life cases in which all these things – and more dastardly actions – happened. Some guardians have gone to prison but not enough of them in my opinion. Law enforcement mostly declines to get involved in disputed guardianships by waving them off as “civil matters” to be decided by the courts.

The film goes off into Hollywood devised storylines I won’t give away. But “I Care A Lot” gave me the same sinking feeling I had during my deep dive investigation into exploitive guardianships. It is a field that often attracts the criminal element, those who figure it’s easier to fleece an elderly person out of their savings than be one of those guardians who really care about helping seniors in need.

So my movie recommendation? Watch “I Care A Lot” and take heed. Fake petitions for guardianship can and have been conjured up by angry family members or total strangers, approved by overworked or uncaring judges and perpetuated by lawyers with dollar signs in their eyes.

It really happens. And it could happen to you or someone you love.

Diane Dimond is a syndicated columnist and television reporter of high-profile court cases.

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Saturday, February 6, 2021

Palmer man sentenced to 24 Months for wire fraud

By Jacob Mann

WASILLA — Faunus Michael Doney, 37, of Palmer, was sentenced to serve two years for committing wire fraud.

United States District Court Judge Joshua M. Kindred sentenced Doney to serve 24 months in prison with three years of supervised release after pleading guilty to wire fraud on Sept. 22, 2020, according to a recent press release from the U.S. Attorney’s Office in Anchorage.

Doney was also ordered to pay over $377,000 in restitution to the victims of his fraudulent scheme that defrauded three victims from August 2018 to at least June 2019, according to the press release.

Doney was a licensed insurance broker in Alaska and worked for a life insurance and annuity company based in Iowa. He was was responsible for marketing life insurance and annuities to new and existing clients in Alaska. Many of these clients were elderly and purchased those products to secure income in retirement or for estate planning.

Doney made his way across the state hosting seminars that were setup to lure elderly Alaskans into investing in his products. He convinced the three identified victims to invest much of their retirement savings with him with the promise of substantial and guaranteed returns.

There were no investments. Doney just redirected the victims’ funds to his personal and business accounts, conjuring up fake balance sheets, account statements, and other doctored evidence and to allay his victims’ concerns.

Assistant U.S. Attorney James Klugman served as the prosecutor for Doney’s case. The IRS-Criminal Investigation (IRS-CI conducted the investigation with additional assistance from the Federal Bureau of Investigation (FBI), and the State of Alaska Division of Insurance. Their combined efforts eventually led to a successful prosecution.

According to the press release, Kindred stated that he hoped Doney’s sentence would “send a message to Doney and others that fraudulent conduct on this scale will be met with serious consequences.”

The press release also indicated that combating elder abuse and financial fraud targeted at seniors is one of the Department of Justice’s key priorities.

Physical abuse, financial fraud, scams and exploitation, caregiver neglect and abandonment, psychological abuse, and sexual abuse are the five subtypes of elder abuse. Elder abuse is said to affect at least 10 percent of senior citizens across the country each year.

To learn more about the Elder Abuse Financial Exploitation Resources, visit justice.gov/elderjustice/roadmap.

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Friday, October 30, 2020

60 Charged in $300M Phone Scam Targeting Elderly Victims

Photo: photo courtesy of pixabay.com

MINNEAPOLIS (AP) - Sixty people have been charged in a widespread magazine telemarketing scam that authorities say netted $300 million from more than 150,000 elderly and vulnerable people nationwide, the U.S. attorney’s office in Minnesota announced Wednesday.

U.S. Attorney Erica MacDonald called the scam the largest elder fraud scheme in the country.

MacDonald said the 60 defendants face a host of charges, including conspiracy, mail fraud, wire fraud, and violating the Senior Citizens Against Marketing Scams Act of 1994. The defendants are from 14 states and two Canadian provinces.

“Unfortunately, we live in a world where fraudsters are willing to take advantage of seniors, who are often trusting and polite. It’s my hope that this prosecution is a call for vigilance and caution,” MacDonald said in a statement.

The indictments and other court documents say that over the last 20 years, the defendants used a network of dozens of fraudulent magazine sales companies and telemarketing call centers to carry out the scam. Employees allegedly used deceptive sales scripts to trick people into making large or repeat payments to the companies.

The indictments allege that many of the defendants used a fraudulent “renewal” script in which the telemarketers falsely claimed to be calling from the victim’s existing magazine subscription company with a phony offer to reduce monthly subscription costs.

In reality, the callers had no existing relationship with victims and signed them up for expensive, new magazine subscriptions. As a result, consumers ended up having multiple subscriptions with fraudulent magazine companies.

“Using a tactic like telemarketing magazine sales, these deceitful scam artists bilk hard earned money from their aging victims - leaving so many financially devastated in their retirement years and without recourse for recovery,” Michael Paul, the FBI’s special agent in charge in Minneapolis, said.

Some of the defendants are also accused of using a “cancellation” script that targeted people who had been previous victims. According to the indictments, these defendants took advantage of victims’ desperation to make the subscriptions stop and offered to consolidate and cancel existing subscriptions and pay off an alleged “outstanding balance” in exchange for a large lump sum payment. In reality, victims owed no money.

The indictments charge defendants at all levels of the alleged conspiracies, including people who allegedly led the scheme, company owners, call center managers, telemarketers and others. Those who led the scheme provided the companies software programs that tracked orders, sales, and other customer information.

The U.S. attorney’s office says the fraudulent companies were operating in Minnesota, Florida, Georgia, Mississippi, California, Iowa, Kansas, Missouri, Illinois, Colorado, Arizona, New Mexico, North Carolina, and Arkansas.

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Saturday, October 24, 2020

Dying of loneliness a real concern for families with loved ones in long-term care

by Kevin Doran
 
Can a person really die of loneliness? Yes, they can, according to KSTP Medical Expert Dr. Archelle Georgiou.

"Absolutely, it's toxic and is as dangerous as smoking 15 cigarettes a day," Dr. Georgiou said.

Dr. Georgiou said families worried their loved ones in assisted living or nursing homes will die of loneliness over the winter have a real concern. And, she welcomes the news that the state of Minnesota is easing visitor restrictions starting Saturday, Oct. 17.

FILE - In this July 17, 2020 file photo, a senior citizen holds the hand of a care coordinator at a Health facility in Miami. One in five U.S. nursing homes say they still faced severe shortages of protective gear like N95 masks this summer, according to a study Thursday that also found facilities struggled with a lack of staff as COVID-19 cases rebounded.

FILE - In this July 17, 2020 file photo, a senior citizen holds the hand of a care coordinator at a Health facility in Miami. One in five U.S. nursing homes say they still faced severe shortages of protective gear like N95 masks this summer, according to a study Thursday that also found facilities struggled with a lack of staff as COVID-19 cases rebounded.

"I am so thrilled we're balancing the risks and benefits of keeping people in nursing homes and the elderly isolated," said Dr. Georgiou. "It's just been so difficult for everyone. People just want to be together."

To learn more about what happens inside our bodies when we're lonely that can make us sick, click on the video box above.

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Wednesday, October 14, 2020

‘Sadistic’ Nurse Who ‘Enjoyed Inflicting Pain’ On Elderly Patients Killed 3 With Antipsychotic Drug


By Aly Vander Hayden

In the spring of 1990, 82-year-old Alphonse Silva underwent treatment for throat cancer, and he was subsequently admitted to the Rosedale Manor Nursing Home in St. Petersburg, Florida as part of his recovery process. 

“[W]e hoped that Rosedale Manor would enable him to eventually recover and come home,” his son, Art Silva, told “License to Kill,” airing Saturdays at 6/5c on Oxygen

Not long after Alphonse settled in, however, he passed away, and his family believed he had succumbed to the cancer. It was not until 10 weeks later that an investigation was opened into a Rosedale Manor nurse, proving Alphonse’s death was anything but natural. 

On July 31, 1990, Helen Gasky-Brummer, who specialized in elder abuse at the Florida Department of Child and Family Services, received a call from the abuse hotline about a suspicious nursing home death. Muriel Watts, a 79-year-old comatose patient at Rosedale Manor, had passed away, but multiple nurse’s aides on duty at the time reported that they did not believe Watts had died from natural causes. 

When Gasky-Brummer arrived at Rosedale Manor, she spoke with the licensed practical nurse in charge, who was convinced that some type of mishap had led to Watts’ death, piquing Gasky-Brummer's suspicion that foul play could have been involved. 

“Nurses see death every day. Why is she concerned about this one patient?” Gasky-Brummer told producers. 

The night of Watts’ death, the LPN in charge of the wing was Brian Rosenfeld, and witnesses reported an alarming interaction between him and the comatose patient. 

“Muriel Watts had a fever. Brian Rosenfeld put some Tylenol down the tube, but then two aides had observed him pouring some brown liquid, a huge amount, down her feeding tube,” former Tampa Bay Times reporter Stephen Nohlgren told "License to Kill.” 

When an aide asked Rosenfeld why he was administering the mystery liquid, he instructed her not to question his methods, and she later heard Rosenfeld say that Watts “would be gone soon.” 

Within hours, Watts was dead, and Rosenfeld insisted on cleaning her body before the undertaker arrived, a task that was normally carried out by nurse’s aides. Even stranger, he washed Watts’ entire body with mouth wash and refused to let anyone else help or touch her remains. 

In order to have Watts’ body examined for evidence and halt her scheduled cremation, Gasky-Brummer contacted local authorities to report her suspicions, and the Pinellas County Sheriff’s Office took on the case. 

After speaking with Gasky-Brummer and reading her investigative report, Pinellas County Sheriff’s Office Deputy Chuck Vaughn placed a hold on Watts’ remains, and an autopsy was performed by the medical examiner’s office.  

Vaughn then made his way to Rosedale Manor, where he learned that Rosenfeld had been fired not just for the Watts incident, but also for recurring behavioral issues. 

“The nursing assistants complained that if they had done something that irritated Rosenfeld, he would over-administer laxatives to patients as a means of getting back at the nursing assistants,” Vaughn told producers. 

Nursing aides also described Rosenfeld as “sadistic” and said he had come “to enjoy inflicting pain on other people,” Nohlgren said. 

Digging further into his background, investigators learned Rosenfeld had worked in more than 16 nursing homes over a 10-year span, and former colleagues relayed incidents in which Rosenfeld would physically abuse his patients. Some recalled that he bent patients’ fingers back until they screamed in pain, and other co-workers detailed times when Rosenfeld threw water on a patient and shoved a banana down another’s throat. 

Any time nursing assistants challenged Rosenfeld and his behavior, he would simply pull rank. 

No formal complaints were ever filed against Rosenfeld, however, and there was no physical evidence or proof to validate the witnesses’ claims. So, he went on to work in multiple nursing homes without consequence. 

“It was hard to tell whether he was fired or whether he left on his own, but it could be what would lead to him jumping from nursing home to nursing home,” Gasky-Brummer told producers. 

Brian Rosenfeld Ltk 210 2

While Watts’ autopsy revealed no external signs of injury and no definitive cause of death, investigators sent blood and gastric content samples to the lab for further analysis. Vaughn then met with Rosenfeld at his apartment to discuss the various complaints against him, which he claimed were nothing more than malicious accusations. 

After the toxicology report came back, it revealed that Watts’ blood had toxic levels of acetaminophen and five times the normal dose of a drug called Melleril, which is an antipsychotic medication normally prescribed to patients with schizophrenia or mood disorders. 

As Watts was comatose, there was no reason for her to have Melleril in her system, according to “License to Kill.” 

Authorities brought Rosenfeld in for an interview on Aug. 23, 1990, and he told investigators that due to him being stressed and overworked, he may have accidentally administered the wrong medication to his patients. When questioned about Watts, Rosenfeld admitted he possibly could have given her the Melleril in error. 

“He said, ‘I have occasionally mixed up medications for patients,’ and he even went so far as to say it was about 50 percent of the time,” Larry Bedore, chief investigator for the medical examiner’s office, told producers. 

Rosenfeld was then arrested for Watts’ murder and held without bail, and law enforcement began to expand its investigation, learning that a total of 201 patients had died during Rosenfeld’s shifts, according to “License to Kill.” 

“That gave us a list of potential bodies that needed to be investigated for evidence of malfeasance on Brian Rosenfeld’s part,” Assistant Medical Examiner Jackie Martino told producers. 

Investigators narrowed down the investigation to three cases — including Alphonse and Hazel DeRemer, an 81-year-old Alzheimer’s patient who died three years earlier — in which the bodies could be exhumed and autopsied for evidence.  

As they awaited the autopsy results, David Greenway, a former cellmate of Rosenfeld’s, contacted authorities and told them that Rosenfield had admitted to injecting a female comatose patient with Melleril because he felt sorry for her.  

He claimed Rosenfeld said he had done this on numerous occasions and had claimed approximately 23 victims across various nursing homes.  

It was ultimately revealed that Alphonse and DeRemer had lethal amounts of Melleril in their systems, and Rosenfeld’s charges were upgraded to three counts of first-degree murder.  

The case never went to trial, however, as Rosenfeld agreed to plead guilty in order to avoid the death penalty. He was given three life sentences without the possibility of parole.  

To learn more about the case, watch “License to Kill” on Oxygen.com

 
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