Sunday, June 28, 2015

Tonight on T.S.Radio: Joe Roubicek on Criminal Law Applied to Guardianship

Hosted By Marti Oakley & Debbie Dahmer

Our guest this evening is Joe Roubicek, a detective who has dealt directly with the targeting of the elderly by predators in the probate system.

We are exposed to the criminal activity facilitated by corrupt probate courts and those who depend on them for access and protection, every day of the week. While the elderly are systematically targeted, kidnapped, isolated and neglected so that their estate can be siphoned off by the court appointed predators, a growing movement is underway to charge those responsible, criminally.

The corruption associated with probate courts across the country with the corresponding theft of estates perpetrated by predatory guardians, unethical attorneys and others who have interjected themselves into the case, has become a hot button topic. How to deal with these people in a so-called "justice system" that routinely works to protect the predators has also become the focus of many efforts.

Joe will be speaking about what can be applied to criminal law in probate cases.

LISTEN LIVE or listen to the archive later

4:00 pm PST … 5:00 pm MST … 6:00 pm CST … 7:00 pm EST



NASGA recommends Joe's handbook about guardianship abuse:  Guardian Angels inc.: The Vile Business of Corrupt Guardianship


Panel appointed to improve Clark County’s troubled guardianship system


The Nevada Supreme Court named 23 people Friday to a panel aimed at reforming and improving the state’s guardianship system, according to a Friday news release.

Longstanding problems with the system that handles about 8,500 adult guardian­ship cases in Clark County each year were exposed in a series of Review-Journal articles published in April. Cases high­lighted by the newspaper showed a lack of oversight by the courts, such as failing to require guardians to file annual accounts of a ward’s finances even though it is required by state law.

Supreme Court Chief Justice James Hardesty petitioned to form the panel last month. The panel will listen to public testimony and make recommendations about the system.

The panel will include several judges from across the state, including: Hardesty; Nevada Court of Appeals Chief Judge Michael Gibbons; Washoe County district court judges Frances Doherty and Egan Walker; Clark County district court judges Cynthia Dianne Steel and William Voy; and Elko district court judge Nancy Porter.

Two deputy district attorneys — Jay Raman from Clark County and Timothy Sutton from Nye County — and three legislators — Assemblymen Michael Sprinkle and Glenn Trowbridge and Sen. Becky Harris — were also named to the panel.

Others named to the panel include: Trudy Andrews of Pacifica Senior Living; Deborah Bookout of Legal Aid of Southern Nevada; Rana Goodman of The Vegas Voice; Terri Russell of Reno’s KOLO-TV, Channel 8; Kim Spoon of Guardianship Services of Nevada, Inc.; Susan Sweikert, a victim’s advocate; Julie Arnold of Southern Nevada Senior Law Program; Clark County Public Guardian Kathleen Buchanan; Susan Hoy of National Guardian Services, LLC; Reno attorney Kim Rowe of Maupin, Cox, and Legoy; David Spitzer of Washoe Legal Services; and Las Vegas attorney Elyse Tyrell.

The first meeting of the panel will be held in mid-July, the release said.

Full Article & Source:
Panel appointed to improve Clark County’s troubled guardianship system

9 Investigates mysterious hospice death


Click to Watch Video

MELBOURNE, Fla. — The children of a decorated Marine want justice for their father after they learned he died with four times the lethal limit of morphine in his system, yet there was no autopsy performed or thorough investigation into his death.

John McDonough survived the Korean War, and his children said he remained a fighter at age 85.

“Talking about going to Texas for his grandson's graduation,” said his daughter, Moe Roddy.

But three days after that, Roddy, a cardiac nurse, discovered her dad was under hospice care at his Melbourne home.


Raw: Family questions father's morphine overdose death


“I believe he was incoherent because he was drugged," Roddy said.

Patients under hospice care often receive high levels of morphine to make them comfortable before an imminent death.

But McDonough's three children want to know why their dad was even admitted to home hospice just after being discharged from rehab with "improved health."

“There is no record of him being involved in the decision," said McDonough's son, Tim McDonough.

John McDonough's wife signed the hospice agreement using a power of attorney she had gotten two years earlier, while her husband was ill. He had later recovered.

Three days after his home hospice admission, records show his step granddaughter, a nurse, administered double the amount of morphine prescribed by his doctor in one hour and forty minutes.

When the hospice nurse heard the dosage amounts over the phone, she told the granddaughter not to give him any more.

Eighteen hours later, McDonough was dead.

Months after McDonough's death, a toxicology report showed he had four times the lethal limit of morphine for a nontolerant patient, but the medical examiner did not perform an autopsy.

With no autopsy, there is no way to know if the morphine is what killed McDonough.

Channel 9's Lori Brown asked the Brevard medical examiner if someone dropped the ball.

“That I don’t know,” Dr. Sajid Qaiser said. “I have no idea.”

The medical examiner said he's satisfied with the investigation, but the family is not.

They hired Rhode Island's former chief medical examiner to review their dad's records.

"A full autopsy in this case would definitely have answered questions," Dr. Elizabeth Laposata said.
The Florida Department of Law Enforcement is now investigating how the medical examiner handled the case.

“This is just the tip of the iceberg,” Tim McDonough said. “If this one is wrong, how many others are wrong?"

Hospice of St. Francis has not returned Channel 9's calls asking why John McDonough did not sign the hospice admission form.

The sheriff's office interviewed officials with hospice and declared the case cleared without charging anyone.

Channel 9 reached out to John McDonough's wife, but she said she would not answer any questions and hung up.

Full Article & Source:
9 Investigates mysterious hospice death

Nurse pleads guilty to taking Insys kickbacks as Subsys marketing probe continues


In an apparent sign that federal prosecutors are zeroing in on the pain-drug maker Insys Therapeutics ($INSY), a Connecticut nurse and top prescriber has pleaded guilty to accepting $83,000 worth of kickbacks from the company.

As The New York Times reports, Insys previously disclosed that the feds are looking into its marketing practices. The company's biggest drug is Subsys, a spray form of the high-powered painkiller fentanyl approved only for use in cancer patients.

The nurse, Heather Alfonso, was one of Insys' paid speakers, and often collected fees for events attended only by an Insys sales rep, or by her own friends and colleagues, the NYT reports. As part of her plea agreement, Alfonso admitted that the speaking fees influenced her prescribing decisions.

Prosecutors said that Alfonso prescribed Subsys to many patients who did not have cancer, the drug's only approved indication.

Subsys sales have grown quickly, despite its narrow market. The sublingual spray brought in $219.5 million for 2014, more than double its $95.8 million total the previous year. Fourth-quarter 2014 sales alone amounted to more than $60 million.

Insys sales reps previously told the Times that they were trained to begin talking about cancer pain with doctors and other potential prescribers--like Alfonso--and then move into a more general discussion about pain. Last year, script numbers showed that half of Subsys prescriptions were being written not by oncologists or pain specialists--as the FDA had directed--but by other types of providers, including GPs and dentists.

Former federal prosecutor Marcella Auerbach
Now, the prosecutors' move against Alfonso can't be a good sign for the company, one legal expert told the newspaper. "I think it means big trouble for the company," former federal prosecutor Marcella Auerbach told the Times. "I think it takes two to tango to do kickbacks--a giver and a receiver."

There's precedent for that sort of thinking. The long-term care pharmacy provider Omnicare ($OCR) in 2009 settled kickback claims with the Department of Justice, which cited its recommendations in favor of Johnson & Johnson's ($JNJ) antipsychotic drug Risperdal. J&J later found itself fighting DOJ claims that it paid kickbacks to Omnicare, aiming to boost Risperdal scripts.

Full Article & Source:
Nurse pleads guilty to taking Insys kickbacks as Subsys marketing probe continues

Saturday, June 27, 2015

Grand jury indicts Henderson lawyer on theft, exploitation charges


Henderson personal injury lawyer William K. Errico has been indicted on dozens of charges in connection with the theft of more than a half-million dollars from his clients, prosecutors said Friday.

A Clark County grand jury indicted Errico, who is free on $100,000 bail, on 17 counts of theft and 17 counts of exploitation of the elderly and/or vulnerable.

Between July 2007 and May 2011, prosecutor J.P. Raman said, Errico stole $162,062.70 out of a $300,000 insurance settlement he won for Deeann Clark, an elderly woman.

The complaint and a Las Vegas police report of the investigation into Errico’s activities also detailed the theft of more than $462,166.15 from another client, Wilfred Bosserman, who was severely injured and institutionalized following an automobile accident. The money was stolen between July 2009 and February 2012 from a $1 million settlement Errico had obtained for Bosserman.

During the investigation, Bosserman’s mother secretly recorded a meeting she had with Errico at his law office to complain about his handling of the insurance settlement. Metro police Intelligence detectives followed her to the office and remained nearby until she came outside.

Errico was initially arrested in May 2014 on two counts of theft, one count of elderly explotation and one count of explotation of a vulnerable person. Raman said prosecutors since found more money that they believe Errico stole.

Full Article & Source:
Grand jury indicts Henderson lawyer on theft, exploitation charges

Judge leaves BB King's estate in hands of longtime business manager



BB King’s longtime business manager has been named sole executor of his estate Thursday despite objections from a lawyer for four of the late blues musician’s daughters.

Clark county District Judge Gloria Sturman first refused to let attorneys Benjamin Crump and Jose Baez contest King’s will on behalf of daughters Karen Williams, Patty King, Rita Washington and Barbara Winfree.

The will, filed in January 2007, puts Laverne Toney alone in charge of administering King’s assets, his property and his trust. The trust documents have not been filed publicly.

The judge then rejected efforts by Las Vegas attorney Larissa Drohobyczer to cast Toney as having misused her power of attorney while BB King was alive to move about $1m from personal to joint bank accounts to which she had access, and to block relatives from visiting King in his dying days.

“A million dollars is a big deal,” Sturman said, but she left the argument for another day.

“I’m not saying there may not be other issues or that we may not need outside assistance,” she said.

“But he had a plan. I don’t see anything before me at this point in time that he wanted that changed.”

Attorney Brent Bryson, lawyer for the estate and Toney, said claims by the daughters that Toney stole from their father, isolated him and poisoned him before his 14 May death at age 89 had no basis in fact. The family members had provided no evidence that a competing will existed, he said.

“There has to be more to the objections than hollow allegations and innuendo,” Bryson said.  (Continue Reading)

Full Article & Source:
Judge leaves BB King's estate in hands of longtime business manager

See Also:
BB King: coroner says there is no immediate evidence of poisoning

Guardianship for Blues Great BB King Rejected

Friday, June 26, 2015

Press Release: [Nevada] Supreme Court Names Guardianship Commission Members

Nevada Appellate Courts/Administrative Office of the Courts

FOR IMMEDIATE RELEASE

CONTACT: Michael S. Sommermeyer
msommermeyer@nvcourts.nv.gov | (702) 486-3232

Supreme Court Names Guardianship Commission Members

Carson City, June 26, 2015 – Chief Justice James W. Hardesty has appointed 25 members of a Commission created by the Nevada Supreme Court in May to study guardianships in the state.

Between now and the end of December, the Commission to Study the Administration of Guardianships in Nevada's Courts will review the processes for creating guardianships and conservatorships in Nevada, stakeholder accountability, judicial training, court documentation and tracking, and any resources available or needed to assist Nevada's courts in administrating guardianships.

Chief Justice Hardesty will serve as chairperson and was authorized by the Supreme Court to appoint up to 30 Commission members who speak for the guardianship system. The Commission membership is as follows:

Members

James W. Hardesty, Chief Justice

Nevada Supreme Court


Frances Doherty, Judge

Second Judicial District Court

Department 12


Cynthia Dianne Steel, Judge

Eighth Judicial District Court

Department G
Egan Walker, Judge

Second Judicial District Court

Department 2


Michael C. Sprinkle, Assemblyman

Nevada Legislature


Trudy Andrews

Pacifica Senior Living

Deborah Bookout

Legal Aid of Southern Nevada


Rana Goodman

The Vegas Voice


Jay P. Raman

Clark County District Attorney’s Office


Terri Russell

KOLO Channel 8


Kim Spoon

Guardianship Services of Nevada, Inc.


Susan Sweikert

Victim’s Advocate


Michael Gibbons, Chief Judge

Nevada Court of Appeals


Nancy Porter, Judge

Fourth Judicial District Court

Department 1


William Voy, Judge

Eighth Judicial District

Department A


Becky Harris, Senator

Nevada Legislature

Glenn E. Trowbridge, Assemblyman

Nevada Legislature


Julie Arnold

Southern Nevada Senior Law Program

Kathleen Buchanan

Clark County Public Guardian


Susan Hoy

National Guardian Services, LLC


Kim Rowe

Maupin, Cox, and Legoy


David Spitzer

Washoe Legal Services


Timothy Sutton

Nye County District Attorney’s Office


Elyse Tyrell

Private Attorney


Ex Officio Member

Christine Smith

University of Nevada, Las Vegas

William S. Boyd School of Law


The first meeting of the Commission is expected to be held in mid-July. Commission members will listen to public testimony, write proposed rules, and develop a new model for Nevada guardianships within Nevada Revised Statutes Chapter (NRS) 159 and court rules, policies, and procedures.

The Commission is expected to make its recommendations to the Supreme Court by December 31, 2015.

###

Michael S. Sommermeyer
Office of Public Information
Administrative Office of the Courts
Supreme Court of Nevada
200 Lewis Avenue, 17th Floor
Las Vegas, NV, 89101-6204
Phone: 702/486-3232
Mobile: 702/727-6731
Fax: 702/486-3877

Portsmouth Police Sgt. Aaron Goodwin fired


Aaron Goodwin
 PORTSMOUTH — Subject of a disputed $2.7 million inheritance, police Sgt. Aaron Goodwin was fired Wednesday, announced Police Chief Stephen DuBois and Police Commission Chairman John Golumb.
Goodwin was terminated from his position with the Portsmouth Police Department by DuBois, "with the full support of the Portsmouth Police Commission," it was announced in a press release to the community and area media.  
"The decision comes after extensive review of the findings of the Roberts Report and careful deliberation over six meetings beginning on June 2," it was announced.
"This termination is only one of many changes that we have made and will continue to make as we seek to close what has been an unfortunate chapter in the otherwise proud history of the Portsmouth Police Department," DuBois and the commission announced. "We wish to thank the citizens of Portsmouth and the men and women of the Portsmouth Police Department for everyone's patience."
Goodwin is accused in the Strafford County probate court of exerting undue influence over the late Geraldine Webber, while she was impaired by dementia, to inherit most of her valuable estate. The Roberts Report referenced by the chief was published earlier this month by a panel led by retired Judge Stephen Roberts and funded with $20,000 approved by the City Council. 
The report noted that Goodwin violated three regulations in the Police Department's Duty Manual and three regulations in the city's Code of Ethics, all pertaining to his inheritance.
Goodwin denied the allegations during a two-week hearing in the probate court last month and said he provided Webber with comfort and care during the end of her life. He said he never told his elderly benefactor that he couldn't accept her house, car, stocks and bonds because he's a police officer. Instead, Goodwin testified, "My long stance with her was to just do whatever makes her happy."
He testified that he told Webber he'd help her find a lawyer to change her will if it made her happy and that if it made her happy to leave him her valuable stocks and bonds, then she should do that.
Goodwin's contested inheritance diminished inheritances to two medical charities and the city's police and fire departments, which were each one-quarter beneficiaries in Webber's prior will.
During the probate hearing, Goodwin confirmed that he referred to his relationship with Webber as like a mother and son. But he said he also knew that Webber told an investigator with the attorney general's office, on Feb. 1, 2011, that he "could move in with me anytime" and that she was "in love with him" so she wanted to give him her house.
Evidence presented during the probate hearing showed that Goodwin met Webber while he was on duty and that he had 6,328 minutes worth of phone calls with Webber, on his cellphone only, from the time he met her in 2010, until her death in December 2012. Goodwin said he took Webber out for cocktails and to casinos and during a previous deposition, said he regularly buttered Webber's banana-bread toast and helped her count cash she kept in her waterfront home. 
Goodwin said that in January 2011, he told former police chief Lou Ferland that Webber wanted to give him her house and Ferland responded by telling him to keep their relationship off-duty. But Ferland testified during the probate hearing that he didn't learn about the inheritance until after Webber's death.
Full Article & Source:
Portsmouth Police Sgt. Aaron Goodwin fired

See Also:
Police officer: 'I was watching a crime'

Conflict of Interest? Explanations Needed! 

Portsmouth officer to be deposed about $2.7M inheritance

Police Commission Authorizes Probe of Shady Inheritance

Police brass caught in cop's disputed inheritance case

Working to stop senior exploitation


Brokers and other financial professionals have been added to the list of those charged with watching for suspected exploitation of older and vulnerable people.

They were included in AB51, joining a long list of professionals from law enforcement to medical providers and even bankers in an effort to stop the growing problem of seniors in particular being exploited by everyone from caregivers to scam artists, so-called friends and, most disturbingly, their own children and other family members. 

“Often the children have the power of attorney and mom or dad trusts them,” said Carrie Embree, Elder Rights Chief for the Nevada Division of Aging Services. “We see it happen for all sorts of reasons and we don’t understand.” 

While the division is concerned with a laundry list of abuses ranging from simple neglect to sexual abuse, financial exploitation is the most common. And, according to a Journal of General Medicine study in 2014, more often than not, the perpetrator was a relative. 

The problem isn’t rare either. The Certified Financial Planner Board of Standards has reported up to 77 percent of their members say they have experience with a senior subjected to financial exploitation. 

Secretary of State Barbara Cegavske, whose staff will set up and monitor the training now required of financial advisers, managers and brokers, said financial abuse costs victims an estimated $2.9 billion a year nationwide. She said those brokers, like other financial professionals such as bankers, must now attend training to learn the warning signs of exploitation and what to do if they are suspicious.
Diana Foley, securities administrator for the Secretary of State, said there was “kind of a hole” in the list of those who have to report suspected abuse.” 

Embree said they were added to the list because those financial managers and advisers often have a long-standing relationship with the potential victims and were in a position to spot something wrong.
“They are in a unique position where they can see if when there are some uncharacteristic financial transactions happening,” she said. 

She said that could be anything from a series of withdrawals, showing the senior may be starting to give away large amounts of money. 

“If they’ve known them for six or eight years then suddenly they start doing that, it could be a red flag,” she said. 

A report by the National Center on Elder Abuse said financial exploitation can take many forms including cashing a vulnerable person’s checks without permission, forging their signature on documents, stealing possessions or coercing a senior into signing documents such as contracts, a will or power of attorney. 

Financial theft, the report states, is typically between $1,000 and $5,000 per transaction but can be more extensive ranging up to real estate transactions. 

And it’s far more common than most believe. 

A study by Met Life Insurance estimated there are as many as a million victims a year in the U.S.
In Fiscal 2014, there were 6,033 allegations of exploitation and abuse in Nevada, according to Embree. She said 1,262 of them were confirmed cases. 

In that total were 272 reports in Carson City, 130 in Douglas and 115 in Churchill counties. Substantiated reports total 108 in Carson, 42 in Douglas and 50 in Churchill. 

More disturbingly, she said, experts believe for every case reported another 23 go unreported, often because senior victims are embarrassed or just don’t want to accuse a loved one. 

Sometimes, she said, they just don’t know who to call for help. 

Nationally, according to Adult Protective Services, the typical victim is 79-89 years old, white, female, frail and cognitively impaired. 

“She is trusting of others and may be lonely or isolated,” the agency report states. 

Embree said the social isolation is a key risk factor. 

If an elder is socially isolated or withdrawn, they’re by themselves,” she said. 

That opens the door for any one from a long time friend to a family member or neighbor to gain their trust. 

She said poor physical health, dementia and even substance abuse are risk factors that make those seniors even more vulnerable. 

Family members, especially children, are often the perpetrators and Embree said it’s often because the child involved has “issues going on.” 

“Substance abuse issues can really intensify the exploitation,” she said. 

They need the money to pay for their drug habit or a gambling habit or something similar. As a result, 1,288 of the 5,667 case reports involved the victim’s child, 507 their spouse and 562 another relative.
But caregivers are also high on the list, accounting for 636 of those complaints. 

Caregivers, some licensed but others not — like a friend or neighbor who volunteers to help out — too often take advantage of the senior victim. 

The key, according to Embree, is to be aware when something involving a senior or other vulnerable person you know just doesn’t look right and report it. 

That report can be made either to the Aging and Disability Services Division at 888-729-0571 or to local law enforcement. 

That prompts Elder Protective Services to send a social worker to check the allegations out and see if there’s enough evidence to believe something is happening. 

“Even if you don’t know, we encourage people to report,” she said.

Full Article & Source:
Working to stop senior exploitation