CA: Alameda County Judge Charged With Elder Theft

Alameda County Judge Paul Seeman may have had good intentions when he offered to help the couple that lived across the street from him in Berkeley - an elderly pair with no family, no friends and a home made uninhabitable by years of hoarding.

But whatever his initial purpose, his actions turned criminal, authorities said Thursday after charging him with elder financial abuse and taking him into custody at the Wiley Manuel Courthouse where he presides in downtown Oakland.

After a two-year investigation, Berkeley police said Seeman, 57, stole thousands of dollars from his neighbor Anne Nutting after her husband died in 1999 at age 90, sold off her art and other possessions, tried to bar her from her own home, and used her garage to store his beloved 1957 Ford Thunderbird.

Seeman befriended Nutting after her husband suffered a fall in 1998, authorities said, and ended up embezzling thousands of dollars from her by 2010, when she died at the age of 97. The two lived on Santa Barbara Road, east of Arlington Avenue in the Berkeley hills.

The Alameda County district attorney charged Seeman with one count of elder theft and 11 counts of perjury, all felonies, as well as enhancements alleging that he stole at least $200,000. He was being held Thursday evening at a downtown Oakland jail in lieu of $525,000 bail.

"The alleged conduct of Judge Seeman is both disturbing and disappointing," said Deputy District Attorney Teresa Drenick, a spokeswoman for her office. "His alleged conduct is in no way a reflection of the outstanding caliber of judicial officers serving Alameda County."

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Alameda County Judge Charged With Elder Theft

Andrew Thomas Rolls out "Citizens for Clean Courts"

Former Maricopa County Attorney Andrew Thomas, on behalf of Citizens for Clean Courts, held the first of a series of press conferences on May 31 at the state capitol to advocate support of Proposition 115.

House Concurrent Resolution 1001 passed overwhelmingly with bipartisan support in the legislature to become Proposition 115 on the November ballot.

While serving as county attorney, Thomas attempted to clean up corruption in the courts, only to find himself facing a force much larger than he imagined; one that eventually resulted in his being disbarred along with Deputy County Attorney Lisa Aubuchon and suspension of Deputy County Attorney Rachel Alexander’s license.

Just before the press conference began, Thomas said, “If they can do it to me, they can do it to anyone.”

Thomas began the press conference with the quote, “Power corrupts and absolute power corrupts absolutely.”

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Andrew Thomas Rolls Out Citizens for Clean Courts

Approval Rate for Justices Hit Just 44% in New Poll

Just 44 percent of Americans approve of the job the Supreme Court is doing and three-quarters say the justices’ decisions are sometimes influenced by their personal or political views, according to a poll conducted by The New York Times and CBS News.

Those findings are a fresh indication that the court’s standing with the public has slipped significantly in the past quarter-century, according to surveys conducted by several polling organizations. Approval was as high as 66 percent in the late 1980s, and by 2000 approached 50 percent.

The decline in the court’s standing may stem in part from Americans’ growing distrust in recent years of major institutions in general and the government in particular. But it also could reflect a sense that the court is more political, after the ideologically divided 5-to-4 decisions in Bush v. Gore, which determined the 2000 presidential election, and Citizens United, the 2010 decision allowing unlimited campaign spending by corporations and unions.

“The results of this and other recent polls call into question two pieces of conventional wisdom,” said Lee Epstein, who teaches law and political science at the University of Southern California. One is that the court’s approval rating has been stable over the years, the other is that it has been consistently higher than that of the other branches of government, Professor Epstein said.

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Approval Rating for Justices Hit Just 44% in New Poll

Today is World Elder Abuse Awareness Day

Guardianship and conservatorship abuse IS elder abuse!





Join NASGA and help us stop elder abuse in our courts!

Remembering our Isolated Mothers on World Elder Abuse Awareness Day

A number of moms spent Mother’s Day unlawfully imprisoned and isolated from loved ones. Those moms are victims of abusive conservators and guardians.

Jean Swope at Wildwood Canyon Villa in Yucaipa, CA
The court appointed Swope’s step-granddaughter as conservator, after the step-granddaughter abducted Swope and made false accusations against Swope’s immediate family who were caring for her. According to court records, the step-granddaughter unlawfully imprisoned and isolated Swope from loved ones for fifteen months. Swope was not allowed visitors on her 75th birthday, Christmas 2010, or Mother’s Day 2011. A court order now requires Wildwood Canyon Villa and the step-granddaughter to allow visitation.

Gisela Riordan at Villa Fontana in in San Jose, CA
The court appointed the Santa Clara County Public Guardian as Riordan’s conservator, although Riordan has a son who wishes to provide care. According to Riordan’s family, the Public Guardian unlawfully imprisoned and isolated Riordan from loved ones for over two years. Riordan was not allowed to see her family for Christmas 2011. She was allowed a one-hour supervised, paid visit with her son Marcus on Mother’s Day 2012. Riordan had lost about a third of her body weight. Her dentures are missing; she needs glasses and a hearing aid.

Jennie Horace in Washington, D.C.
The court appointed a private guardian for Horace, although Horace has a daughter who wishes to provide care. According to Horace’s family, the private guardian unlawfully imprisoned and isolated Horace from loved ones to varying degrees for two years. Horace was not allowed to see her daughter, Lisa Charles, on Mother’s Day 2012. Horace is held prisoner in her own home. Doors are locked to prevent her escape. The refrigerator is locked to prevent her eating when she wishes.

Retta Rickrow at Villas at Belleair in Clearwater, FL
The court appointed a professional guardian for Rickrow, although she has a daughter who wishes to provide care. According to Rickrow’s family, the professional guardian unlawfully imprisoned and isolated Rickrow from loved ones for two years. Just recently, Rickrow has been allowed limited, supervised, paid visitation on Sundays only. Rickrow’s 82nd birthday is June 6. She will not be allowed visitors for her birthday.

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Mother's Day Elder Abuse

MO Lawmakers Aim to Strengthen Senior Protections

Elderly and disabled Missouri residents could gain new protection against financial exploitation by people who have authority over them under legislation awaiting action by Gov. Jay Nixon.

Missouri already has a law making it a crime to take financial advantage of an elderly or disabled person through deception, intimidation or force.

The bill on Nixon's desk would expand that law, criminalizing the use of "undue influence" to financially exploit a disabled or elderly person's "vulnerable state of mind, neediness, pain or agony." It could be applied to those who improperly or fraudulently use a power of attorney, guardianship, conservatorship or other fiduciary authority.

The severity of the charge and potential penalty would rise with the amount of money involved.

A violation involving less than $50 would be a misdemeanor punishable by up to a year in jail and a $1,000 fine. The worst violations, involving more than $50,000, would be Class A felonies, carrying a possible sentence of 10 years to life in prison.

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MO Lawmakers Aim to Strengthen Senior Protections

Judge Fires Back in Rosa Parks Estate Dispute

For nearly a year, Farmington Hills, Mich., attorney Steven G. Cohen has publicly hammered Wayne County Probate Judge Freddie Burton Jr. over his handling of the estate of civil rights icon Rosa Parks.

But Burton has finally fired back.

In a two-page order Monday, Burton dismissed Cohen's recently filed lawsuit against Burton and two probate lawyers Burton put in charge of the estate. Cohen had accused of them of conspiring with Burton to loot Parks' estate through excessive and unnecessary legal fees.

Burton also dismissed Cohen's request for a default judgment against Burton and the two lawyers -- John Chase Jr. and Melvin Jefferson Jr. -- and as well as Cohen's request for a subpoena to depose all three of them for the lawsuit.

Burton went on to accuse Cohen of engaging in a campaign that violates the state's code of professional conduct for lawyers and ordered Cohen to stop harassing him with "unfounded, illegal pleadings."

The judge also ordered lawyers in the case to stop filing legal briefs until he decides Cohen's request that Burton disqualify himself from continuing to handle the case.

Cohen was furious.

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Judge Fires Back in Rosa Parks Estate Dispute Case

See Also:
Lawyer Sues Judge, 2 Others in Rosa Parks Estate Case

Elderly AZ Woman Makes Strikes Toward Getting Her House Back

The 78-year-old woman moved into the assisted living home last October, after a bad fall.

One month later, Pauline Balseiro gave away her north Phoenix house to the owner of that assisted living home. Within two months, police say the owner, Maria Barbu, forged two $2,500 checks from the older woman’s accounts, payable to her business.

Now Barbu stands charged with three felonies and she’s surrendered her state license. She’s also offered to give Pauline her house back.

But first, she wants the elderly woman to pay her for work she had done after taking over the house.

“It would be unjust …,” Barbu’s attorney wrote in court documents, “to allow (Pauline) to obtain the premises without payment for the renovations that (the Barbus) paid for with their personal funds.”

Unjust is certainly a word that applies in this case. I’m just not sure I’d peg Marie Barbu as the victim.

You may recall the startling story of Pauline Balseiro. Like a lot of older Arizonans, she retired here from another state, far from family and friends. She was diagnosed with Parkinson’s disease in 2002 and lately had begun having trouble.

In October, she fell and several days apparently passed before she could summon help. Mayo Hospital called in a senior placement agency – one of those services that are paid handsomely by assisted living centers for sending clients their way. The placement people offered Barbu two options, based on her desire to be near her home, and on Oct. 18 Pauline moved into Barbu’s Golden Creek Assisted Living.

Almost immediately Pauline’s daughter in California and her north Phoenix neighbor began having trouble making contact with Pauline. The two women say Pauline’s attitude quickly hardened toward them.

On Nov. 18, Pauline signed over her Tatum Ranch house to Barbu, in exchange for “care taking services.”

Barbu is scheduled to go to trial on the criminal charges in August.

Meanwhile, it appears there will be a happy ending for Pauline, who is, I’m told, anxious to go home once the legalities are settled and she can be set up with some care.

But I wonder how many other vulnerable retirees are out there, willing to give away everything they own to someone they’ve known for a month?

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Elderly Woman Makes Strikes Toward Getting Her House Back

PA Woman Accused of Spending $300K Intended for Nursing Home Care

Almost five years ago, her dying neighbor asked Virginia Marquardt to look out for her personal finances after she entered a nursing home.

Instead, police say, the Bensalem woman helped herself to more than $300,000 of the woman’s money between August 2007 and March.

Rather than pay the bills for the woman’s nursing home care, Marquardt, 65, allegedly bought numerous vacations to Las Vegas, Lake Placid, Hilton Head and Mexico, casino trips, scuba lessons, country club and golf club memberships and $1,325 in luxury watches. She also used the woman’s money for home repairs and business expenses for her husband.

Marquardt, who faces five felony theft-related charges that could put her in jail for up to 35 years, was arrested and arraigned before Bensalem District Judge Joseph Falcone, who set her bail at $300,000/10 percent — the minimum amount the District Attorney requested. Her husband, Edward, immediately posted the bail.

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Bensalem Woman Spent $300K Intended for Nursing Care