Saturday, March 6, 2010

NJ Bill to Protect Elderly from Exploitation Advances

An Assembly panel approved a bill to protect frail elderly people from exploitation.

"This measure targets those individuals who prey on elderly persons age 60 and above who are suffering from a mental disease or condition rendering them incapable of making financial decisions on their own," said Sen. Christopher J. Connors (R-Ocean), a sponsor of the legislation. "Too often, persons use the trust they have gained from an elderly person left vulnerable from their unfortunate circumstances to steal through means of fraud, false promises, extortion or even intimidation."

The bill advances to the full Assembly.

Full Article and Source:
Bill Protecting Frail Elderly From Exploitation Advances to N.J. Assembly

Sentenced to a Mere 30 Days in Jail

A Macclenny woman believed to be the mastermind of a scheme to bilk her elderly and infirm sister-in-law out of $340,000 in cash and other assets will spend a month in county jail and be on probation for 10 years.

Francis Claudette Gray, 48, who now lives in Lake City along with co-defendant and husband Jimmy, 77, will also be required to repay $227,212 back to the estate of Margarete Gray, who died last fall of cancer in a Jacksonville nursing home.

The Grays were not charged criminally until September, 2008, when assistant state attorney Geoff Fleck filed counts of felony grand theft and exploitation of the elderly. Sheriff’s investigators had completed an investigation two years earlier, and former prosecutor Mel Bessinger was hesitant to file because he feared there was little proof the couple coerced the elder Mrs. Gray to sign over power of attorney.

Prosecutor Fleck contended that’s exactly what they did in a blatant grab for the ailing relative’s assets. The chain of events that immediately followed in the summer of 2006 including systematic looting of Mrs. Gray’s bank accounts, cashing in of certificates of deposit, sale of her north Jacksonville house and the theft of $37,000 cash from inside the house.

A civil lawsuit on behalf of the victim’s estate still pends, and the Jacksonville lawyer who is handling it was in court this week alleging the restitution amount falls short of what the Grays actually took from the victim.

Full Article and Source:
$340K Theft Nets Defendent Only 30 days in Jail

Public Reprimand of Lawyer Jacquelyn Champagne

The Office of Lawyer Regulation (OLR) and Jacquelyn Champagne, Milwaukee, entered into an agreement for imposition of a public reprimand, pursuant to SCR 22.09(1). A supreme court-appointed referee approved the agreement, and issued the public reprimand on Dec. 7, 2009, in accordance with SCR 22.09(3). The public reprimand stemmed from a single matter investigated by the OLR.

Champagne, while a litigation associate at a Milwaukee law firm, represented a client in litigation arising out of a guardianship and protective placement matter. The original petition for guardianship and protective placement (the petition) was not filed before the transfer of the ward and a court had not approved the transfer, as required by law. That happened, in part, because messengers arrived at the clerk’s office after it was closed on the day of transfer (July 1, 2003) and returned the next morning (July 2, 2003) to file the petition.

Champagne was not responsible for the initial preparation or filing of the petition. In addition, Champagne was under the supervision of other partners at the firm, who guided her in her positions at appearances before various tribunals. Still, Champagne knew that the petition had not been filed before the patient was transferred and knew that the statutory requirements for transferring a patient had not been followed. Despite this knowledge, Champagne made several false statements to courts related to these facts.

Full Article and Source:
State Bar of Wisconsin - Public Reprimand of Jacqueline Champagne

Man Pleads Not Guilty to Bilking Charge

A Hemet felon who's accused of bilking a 90-year-old victim out of more than $100,000 and is suspected of doing the same to other seniors s pleaded not guilty to felony charges and had his bail set at $150,000.

Gary Lee Wickham, 69, is charged with embezzlement by a non-caretaker of a dependent adult and using false pretenses.

He also faces allegations of taking, destroying or damaging property; committing white-collar crime of more than $100,000; and having prior felony convictions and a "strike."

Riverside County Superior Court Judge Kelly Hansen ordered Wickham back to court for a felony settlement conference. A preliminary hearing was tentatively set for March 9.

Full Article and Source:
Man Pleads Not Guilty of Scamming Seniors Out of Thousands

Friday, March 5, 2010

Millionnaire Almost Escaped

Edward Abbott Ravenscroft was counting the hours until he would be free of his protectors over at Maricopa County probate court. On Friday. the countdown clock stopped, just 61 hours short of the time he would have retaken control of his fortune.

On that day, lawyers for the Sun Valley Group and the Maricopa County public fiduciary convinced a judge to extend their control over Ravenscroft for another 30 days and oh by the way, to order that Ravenscroft's latest dividend check be handed over to Sun Valley.

Ravenscroft says he had no idea that Friday's emergency hearing was even being held and had no attorney there to represent him.

“I have no control,” a frustrated Ravenscroft told me, after learning that he'll be “protected” for at least another 30 days. “Just because I have wealth doesn't mean people can just walk all over me and do whatever they want.”

Actually, they can, as long as they get a judge to go along with it. This, after all, is probate court, where the “incapacitated” are protected, sometimes right into the poorhouse.

Full Article and Source:
Millionnaire Almost Escaped His Probate Protectors...Almost

See Also:
Probate Court Lets Millionnaire Fall By the Wayside

Ohio Lawyer Pleads Guilty

Gerald Baker couldn't say exactly where he spent more than $34,000 he was supposed to have given clients, only that he took the money "without [it] being forwarded on to the parties involved."

A lawyer who was placed on an indefinite suspension last year by the Supreme Court of Ohio, Baker pleaded guilty in Lucas County Common Pleas Court yesterday to grand theft. He admitted stealing the money that had been entrusted to him as an insurance settlement for a client.

Baker, 60, of Spencer Township, faces up to 1 1/2 years in prison when sentenced April 21. As part of the plea, he agreed to pay $34,380 to one client and $1,739 to another.

"I received a check from an insurance company as a result of a settlement for a homeowner's fire," Mr. Baker told Judge Gene Zmuda yesterday. "I deposited the money into my [client trust] account and [depleted] the account over time."

Baker's license suspension was a result of charges filed by the Toledo Bar Association alleging nine counts of misconduct dating to 2003. One of those counts led to criminal charges against Baker.

Full Article and Source:
Toledo Lawyer Pleads Guilty to Taking Clients' Funds

See Also:
Lawyer Accused of Grand Theft

Robert J. Powell - a 'Double Agent'?

Robert J. Powell was working as a double agent while federal prosecutors were building their case against the two former Luzerne County judges accused in a kids-for-cash corruption scheme, their attorneys alleged.

Mark A. Ciavarella Jr. and Michael T. Conahan are seeking dismissal of the charges, claiming prosecutorial misconduct, according to pre-trial motions filed Monday.

Powell, a former attorney who co-owned the juvenile detention facilities at the center of the scheme, recorded conversations with Conahan while simultaneously working with him to coordinate their defense to corruption charges that came months later, Conahan's attorneys said.

Powell, who had also represented Conahan and Ciavarella during their time as investors in a Wright Township land development, violated attorney-client privilege and other protections, Conahan's attorneys said.

The attorneys, accusing federal prosecutors of exploiting that relationship and Powell's friendship with Conahan and Ciavarella, asked a judge to bar prosecutors from using the recordings and evidence derived from his cooperation at their trial.

Powell's attorney, Mark Sheppard, said Tuesday he did not believe Powell violated any privileges by cooperating with prosecutors.

Full Article and Source:
Former Judges Claim Attorney Was 'Double Agent.'

See Also:
Michael T. Conahan Claims Immunity

Caretaker Accused of Theft

A Morton Plant Hospital clerk stole more than $200,000 from the safe of an elderly couple and spent half of the money on lottery tickets, police say.

Wanda Bryant was held in the Pinellas County Jail on $210,000 bail Thursday, a day after Clearwater police arrested her at the hospital on charges related to exploitation of the elderly, theft from persons 65 years or older and burglary.

Police spokeswoman Elizabeth Watts said a 74-year-old Clearwater man reported the theft from his home on Sunday. Detectives opened an investigation and identified Bryant as the suspect.

For the last two years, she has been a home-based caretaker for the man's 77-year-old wife. The wife has been a Morton Plant patient, and met Bryant there.

"She stayed there sometimes overnight," Watts said. "She was in the house on the weekends."

At some point, police said, Bryant found the combination to the couple's safe on a piece of paper.

Full Article and Source:
Caretaker is Accused of Stealing More Than $200,000 From Elderly Clearwater Couple"

Thursday, March 4, 2010

Danny Tate Interview

Danny recently sat down with the folks at Changed Lives for a few words.

The show airs on Channel 19 in Nashville.

Friday, March 5th, 9:30 AM

Sunday, March 7th, 3:30 PM

Tuesday, March 9th, 5:00PM

Source:
FreeDannyTate.wordpress.com

See Also:
Danny's Diary