Elder abuse case in Lincoln County exposes pattern of manipulation

Gwendolyn Swank worked her entire life and when her savings account reached a certain amount, she invested in IRAs, mutual funds and the stock market. By the time she reached her 70s, she had more than $300,000 in assets plus a monthly Social Security check to cover living expenses.

She thought she was set for life. Then in 2004, Rodney Chapman came into her life.

Chapman was a longtime neighbor who for the next six years became Swank’s best friend and worst enemy at the same time. By the time Chapman was arrested at her modest mobile home in Pemaquid in 2011 and charged with theft, Swank’s retirement nest egg was gone — all except for 37 cents.

“I had a pretty good portfolio that I thought would take care of me in my old age. It’s gone,” said Swank, who is now 85 years old. “I never, ever thought he’d take me for the ride he did.”

On June 12, Swank was awarded a $1.3 million civil judgment against Chapman in Lincoln County Superior Court. Chapman is serving a five-year sentence for his crimes against Swank, and according to Denis Culley, an attorney for Maine Legal Services for the Elderly who represented Swank in the civil lawsuit, he has little or no ability to pay.

Swank, who spent most of her life working as a financial bookkeeper, is in financial ruins. She is behind on payments to credit card companies for expenses accrued on behalf of Chapman, and owes her landlord and Central Maine Power Co. thousands of dollars. She owes $60,000 in state and federal taxes for money she withdrew from stocks and IRAs and gave to Chapman. At an age when most of her peers are relaxing in retirement, Swank worked for the first part of this year as a bookkeeper for a local business in hopes of paying down some of her debts.

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Elder abuse case in Lincoln County exposes pattern of manipulation

Britney Spears Awarded Attorney Fees

Britney Spears just taught a hard lesson to two dudes who have been dogging her -- a judge has ordered them to pay her a fortune in legal fees.

A judge just ordered Britney's ex-manager, Sam Lutfi to pay Britney's estate (she's under a conservatorship) $92,845 in attorneys fees. You may recall, Britney's lawyers got a restraining order against Lutfi who has been like a bad meal that just doesn't go away. Now Lutfi must foot the bill for Britney's hired guns.

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Britney Spears

I'm Sick of the Gary & Sara Harvey Case - Time to Move On

On December 10, 2010, I wrote, “Wife’s Visitation in Jeopardy: The Recycling of Gary Harvey’s Holiday Restrictions,” which began:

Last year, I wrote the following article:
Wife’s Visitation in Jeopardy: The Isolation of Gary Harvey By Carrie K. Hutchens on November 7th, 2009

Let’s see, the Harvey visitation was in jeopardy in November of 2009, followed by another jeopardy in December of 2010. Then comes September 2011 (or there about), when someone (unbeknownst to Sara) called the police and said that Gary’s life was in danger by some unknown person. Sara didn’t have a thing to do with any of it, but guess who got punished? Sara & Gary. Visits were stopped during the alleged investigation? How convenient to have an excuse and something to blame her for even though it wasn’t her blame to be held responsible for.

It quickly (or should have) became obvious that Sara didn’t have anything to do with the call, but that didn’t matter. It must somehow be her fault and even if it wasn’t — it was a good excuse to put a camera in Gary’s room. So now, we have a camera and a guard. When will they dress Sara up as Hannibal Lector for her visits? That’s what many of us wonder.

The road has indeed been bumpy since the phone call incident, but it has recently gotten even worse.

Sara apparently submitted a report alleging neglect (regarding a visible wound/sore on her husband) sometime around May 31, 2012. She was immediately accused of breaking the visitation and privacy rules (whistle-blowing?). Would any be surprised to learn that the already cruel visitation restriction has been replaced by ABSOLUTELY NO VISITATION allowed by Sara Harvey?

I wasn’t surprised either.

Sara pays for the insurance that pays the hospital. The hospital sure doesn’t have any trouble billing that insurance that she pays for. She’s certainly good enough to pay the premiums, but I guess that’s all she is good for. Beyond the premium paying, she apparently doesn’t count for anything in their book, it would seem. She certainly isn’t treated as though she is Gary’s wife. There certainly isn’t any compassion. I mean, how dare she worry about Gary or ask questions or try to make sure he gets the quality care her insurance is paying for? How dare she wish to visit Gary? Just who does she think she is? His wife or something?

I went to the St. Joseph Hospital website and read their mission statement, which says in part:

St. Joseph’s Hospital, a Catholic health facility, is a voluntary not-for-profit community general hospital founded by the Sisters of St. Joseph of Rochester in cooperation with the physicians and citizens of Elmira, NY. The St. Joseph’s Hospital community, by maintaining a deep respect for the dignity of each person, strives to heal, as Jesus did, in mind, body and spirit, all who come to us.
Oh really?

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I'm Sick of the Gary and Sara Harvey Case - Time to Move On

Elder-abuse prevention program could end in Watsonville, Santa Cruz

SANTA CRUZ — When a parent or grandparent cannot manage their assets, setting up a conservatorship can be a daunting task. Navigating the legal system and paying attorney's fees can leave many families out of luck.

For hundreds of residents of Santa Cruz and San Benito counties in the past five years, free help could be found at the Conservatorship and Elder Abuse Prevention Program at Santa Cruz County Superior Court. Yet its funding could dry up at the end of this year.

The program had been funded in the past five years by a grant from the California State Bar Association, said Terry Hancock, directing attorney at the Senior Citizens Legal Center that runs the program. The grant was $54,000 in 2011 and $40,000 in 2012.
The grant money was expected to taper off in five years as leaders found new funding sources to sustain it. But those sources never materialized.

"The idea is access to justice," said Darcee Olson, a staff attorney with the nonprofit Senior Citizens Legal Services that runs the program. "It's a phenomenal program, and there's a big need for it."

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Elder-abuse prevention program could end in Watsonville, Santa Cruz

Canton votes for assisted suicide

Churches in the Swiss canton of Vaud have condemned a move that will permit assisted suicide in nursing homes and hospitals in the canton.

On 17 June, almost two-thirds of voters (62 per cent) in the canton voted in a legally binding referendum in favour of a proposal that would oblige nursing homes and hospitals to allow assisted suicide, provided the person who wishes it is suffering from an incurable illness or injury and is of sound mind.

Local Bishop Charles Morerod of Lausanne, Geneva and Fribourg, said the consequences of the decision were "terrible".

The referendum was held as the Congress of the World Federation of Right-to-Die Societies met in Zurich, where speakers included author and Alzheimer's sufferer Terry Pratchett.

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Canton votes for assisted suicide

Two former San Mateo County employees arrested on charges of stealing from the estates of deceased residents

FBI agents arrested two former San Mateo County employees Friday on suspicion of stealing from the estates of deceased county residents they were responsible for administering, the federal law enforcement agency announced.

The Federal Bureau of Investigation believes Mandy Natchi Yagi, 54, of San Mateo, and Peter Wong, 43, of Daly City, stole money, jewelry and other valuables, according to the indictment filed Thursday in U.S. District Court for the Northern District of California and unsealed Friday after their arrest.

The two have been charged with conspiracy to commit theft from a federally funded program and theft concerning a federally funded program. Yagi and Wong appeared in federal court Friday morning and are scheduled to appear on June 27 for identification of counsel.

Public administrators are charged with investigating and administering the estates of county residents who die without a will or a person willing to act as the estate administrator.

San Mateo County Board of Supervisors President Adrienne Tissier said she was "shocked" to hear about the thefts.

"To have something like this happen to families whose heirs are waiting on information from the county is very difficult," she said.

Since a federal investgation is still under way, Tissier said the county still doesn't know if the scope of thefts is limited to the two former employees.

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Two former San Mateo County employees arrested on charges of stealing from the estates of deceased residents

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SENATE PASSES BILL TO CREATE NEW CRIME OF EXPLOITING THE ELDERLY AND VULNERABLE ADULTS

Measure Helps Deter Stealing From Senior Citizens or People With Physical or Mental Disabilities


Albany- State Senator Martin J. Golden (R-C-I, Brooklyn) today is announcing that he has voted to support legislation, approved by the New York State Senate, that responds to the need for increased protection against financial exploitation of elderly and vulnerable adults by passing legislation to make such actions a crime. The legislation, S 6712, gives district attorneys and police the tools they need to prosecute instances of financial exploitation of vulnerable elderly or people with physical or mental disabilities.

Senator Marty Golden stated, “We hear of scams targeting the elderly and disabled all too often and we must fight against those who prey on them. This legislation will give district attorneys and local law enforcement the necessary powers to protect New York's most vulnerable against this form of abuse. Twenty-nine other states have enacted statutes specifically designed to protect senior citizens against financial abuse and I applaud my Senate colleagues for taking the first step towards ensuring that New York does the same.”

Financial exploitation of the elderly or those who have a physical or mental disability that prevents them from caring for themselves is a pervasive and often unseen form of abuse. The National Center on Elder Abuse defines elder financial exploitation as “the illegal or improper use of an elder's funds, property or assets.” Such instances of exploitation can include credit card fraud, real estate scams, identity theft and burglary, which are also notoriously difficult to combat. Even when reported to local authorities, antiquated criminal statutes make it difficult to prosecute these offenses.

The bill establishes exploitation of a vulnerable elderly, incompetent, or disabled person as a form of larceny. It also requires adult protective services officials to report all instances of suspected exploitation to their district attorney's office.

The bill will be sent to the Assembly.

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SENATE PASSES BILL TO CREATE NEW CRIME OF EXPLOITING THE ELDERLY AND VULNERABLE ADULTS

Third worker accused in swindle of woman, 99

A third home health worker has been arrested in connection with the alleged theft of more than $400,000 from a now 99-year-old woman.

Fort Lauderdale Police Thursday said that Tashua Edwards, 34, surrendered to authorities and was charged with grand theft on a person 65 or older and exploitation of the elderly.

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Third worker accused in swindle of woman, 99

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