Former Oshkosh financial adviser charged with bilking elderly clients

A former financial adviser in Oshkosh already facing charges for stealing from her clients is being held on $1 million bail after she was charged with four additional counts of theft.

The new charges say that Jean Walsh-Josephson, 56, of Oshkosh, stole more than $475,000 from elderly clients.

Walsh-Josephson had been charged in August with theft and forgery involving a client's account at the Thrivent Financial in Oshkosh.

Oshkosh police, the Wisconsin Department of Financial Institutions and the Office of Commissioner for Insurance are continuing the investigation. Police say Thrivent Financial has contacted all of Walsh-Josephson's clients and the company is cooperating with the investigation.

Full Article & Source:
Former Oshkosh financial adviser charged with bilking elderly clients

N.J. man charged - again - as phony lawyer

OH, THIS GUY AGAIN.

Leaford George Cameron, a wannabe lawyer who looks more like a crazed hypnotist, made news in 2013 when he was arrested by Delaware County authorities for allegedly impersonating an attorney.

When detectives asked whether he was licensed to practice law in Pennsylvania, "his reply was that he should be," according to the criminal complaint.

Now, Cameron is in even bigger trouble.

U.S. Attorney Zane Memeger announced yesterday that Cameron, 62, of Burlington, N.J., has been indicted for mail fraud, wire fraud and false statements.

Cameron allegedly ran a fraudulent law practice between 2003 and this year and defrauded approximately 74 "clients" who were residents of Pennsylvania, New York, New Jersey, Connecticut, Florida, Illinois, Jamaica, and India.

Cameron even appeared in court, primarily handling immigration matters.

"The longevity of Cameron's alleged fraud, the amount of victims already identified, and far reaching impact in this case is staggering," said John P. Kelleghan, special agent in charge of Homeland Security Investigations in Philadelphia.

"HSI will continue to investigate and seek out those who may have fallen prey to this alleged imposter's scheme. We encourage anyone with any contact with this person to contact us right away," Kelleghan said.

Anyone who used Cameron's services should call Homeland Security Investigations at 215-717-4987.

If convicted of all charges, Cameron faces a maximum sentence of 75 years in prison.

Full Article & Source:
N.J. man charged - again - as phony lawyer

Taylor lobbied for law: now has filed ward rights restoration

By MARCIA DAVIS

Before the 84th Legislature adjourned, the state passed new laws that widen the window for alternatives to guardianship.

A local man who directs a regional guardianship program has filed what he believes the first or one of the first court applications, under the new laws, to invoke supported decision-making rights for a person under a guardianship.

The new laws, first filed separately as HB 39 and SB 1881, took effect Tuesday, Sept. 1.

The week before, James Taylor, executive director of Family and Court Services, filed an application in the Titus County Court seeking the state’s restoration of competency for 67-year-old Mount Pleasant woman. The local woman meets the criteria outlined in the new law, according to Taylor.

According to the Texas Tribune, over two years ago members of the Texas Judicial Council (TJC), a group that comes up with ways to streamline the state’s legal system, began looking at the state’s guardianship system in the face of an anticipated “silver tsunami as the state’s population ages.”

The over-65 population in Texas is reportedly expected to double by 2040.

The TJC has reported that more than 50,000 Texans now have guardians, a 60 percent increase since 2011, and comprises one of the fastest-growing case types in the Texas state courts.

Rep. John Smithee, R-Amarillo, who sponsored HB 39, was quoted as saying the bill would urge everyone involved in a case to view guardianship as a last resort, or use guardians on a temporary basis. The measure also prevents guardians from moving wards to a nursing home or group home without first notifying the ward’s friends and family; and it requires attorneys involved in a guardian case to have special training. 

SB 1881, sponsored by Senator Judith Zaffirini, D-Laredo, establishes the supporter alternative for courts to use.

State Rep. Bryan Hughes explains the laws this way:  “These new laws were designed to give more options. Some folks need help but do not need a full blown traditional guardianship. These new procedures are intended to fill the gaps for people like that.”

“The laws should give people more choices and free up our courts for those cases where they are needed most,” Hughes said.

Taylor said, “The passage of the new law is another big win for disability rights because it ensures that the wants and needs of an individual with an intellectual disability are addressed when deciding if a person needs a legal guardian. And, it may allow a 67-year-old Mount Pleasant woman to enjoy the freedom that she has wanted.”

Taylor said, as the only Texas certified guardian serving on the Children’s Policy Council of the Texas Health and Human Services Commission, he advocated for the passage of the combined Senate and House bills, known as the Supported Decision-Making Act.

According to the application for complete restoration of the ward, filed by Taylor as Family and Court Services, Inc. in the Titus County Courts Aug. 21, Family and Court Services, Inc. was appointed successor guardian of the person and estate on Dec. 12, 2013.

That person was described in the court document as a ward born in 1949 who resides locally.

Court records show that the woman’s father obtained guardianship of her several years ago. After her father died, an aunt became her guardian, and in 2013, the elderly aunt resigned, and Family and Court Services was appointed her guardian. 

Since that time, the court document reads, the legislature has passed and the governor of Texas has signed a number of bills relating to finding a less restrictive environment than a guardianship for persons whom the court finds has either full capacity or sufficient capacity with supports and services to care for themselves and to manager their property.

In the filing, Taylor, as executive director of Family and Court Services, states that the ward meets the criteria known as Supported Decision-Making Agreement Act, effective Sept. 1.

The court document filed defines supported decision-making as “a process of supporting and accommodating an adult with a disability to enable the adult to make life decisions, including decisions related to where the adult wants to live, the services, supports and medical care the adult wants to receive, whom the adult wants to live with and where the adult wants to work, without impeding the self-determination of the adult.

According to the court document, “under the act, (the ward) can enter into an agreement with a person to assist her making everyday life decisions related to any or all of the following – at her option:  obtaining food, clothing and shelter; taking care of her physical health; managing her financial affairs; help her access, collect or obtain information that is relevant to a decision, including medical, psychological, financial, educational or treatment records; help her understand her options so she can make an informed decision; or help her communicate her decision to appropriate persons.

The court document states: “The supporter is not allowed to make decisions for her, only assist her in making decisions.”

“Since Guardian’s appointment, Ward has or has regained sufficient mental capacity to do all of the tasks necessary to care for herself and to manager her property or in the alternative to do so with the appointment of a supportive decision maker,” the court document reads.

In the document, Taylor, as the guardian and “Applicant requests the court find that the Ward has full capacity or sufficient capacity with supports and services to care for herself and to manager her property.”

On Aug. 27, an order appointing an attorney ad litem was filed to represent the interests of the ward in the proceedings to restore her capacity. 

Lisa Beaird Shoalmire was appointed as attorney ad litem for the ward and, according to the order, will be supplied with copies of all current, physical, medical and intellectual examinations and have access to all relevant medical, psychological and intellectual testing records from physicians and health care organizations and providers relating to the ward’s care, treatment, diagnosis and needs.

Taylor has come under public scrutiny over the past few months from persons questioning his guardianship appointment in a high-profile guardianship case and his reporting to the courts and the amount of his bond in another guardianship case. 

He recently (Aug. 14) resigned from the Children’s Policy Council of the Texas Health and Human Services Commission on which he served for more than 10 years “through three commissioners and five legislative sessions,” he said.  (Continue Reading)

Full Article & Source:
Taylor lobbied for law: now has filed ward rights restoration

Belleville resident arrested on exploitation charge

David J. Brewer, 73, of Belleville

According to a Wednesday Randolph County Sheriff’s Office news release, 73-year-old David J. Brewer, of Belleville, was arrested on Aug. 10 in Belleville by the St. Clair County Sheriff’s Office for two counts of financial exploitation of the elderly.

The arrest was the result of a joint investigation completed by the Randolph County Sheriff’s Office and Chester Police Department, resulting in an arrest warrant being issued for Brewer, who once resided in Prairie du Rocher.

Bond for Brewer was set at $25,000. Brewer posted bond and was released the same day of his arrest.

Sheriff Shannon Wolff said no specifics of the investigation can be released at this time other than if anyone wrote a check personally to Brewer, they may be a victim.

Wolff said after a news release from Randolph County State’s Attorney Jeremy Walker of Brewer’s arrest, other victims have come forward and the investigation is continuing.

Anyone who may be victim of Brewer is urged to contact their local police department to report it. The Sheriff’s Office can be contacted at 618-826-5484.

Full Article & Source:
Belleville resident arrested on exploitation charge

Mississippi briefs

Group looks to boost protection of vulnerable adults in state

JACKSON -- A group forming in Jackson plans to improve the way the state of Mississippi protects vulnerable adults.

The Working Interdisciplinary Network of Guardianship Stakeholders -- or WINGS -- will hold its organizational meeting Sept. 18 at the Gartin Justice Building in Jackson.

Ta'Shia Gordon, the deputy director of the state Administrative Office of Courts, says in a news release that the WINGS committee plans to propose court system reforms to support the rights, dignity and autonomy of vulnerable adults, while protecting them from abuse and neglect.

Students at the University of Mississippi School of Law will work with the WINGS Committee. Professor Desiree Hensley and a group of students have volunteered to support the committee's work by providing research and information needed to produce a report and recommendations for reform.

Full Article & Source:
Mississippi briefs

Detert renews bid to reform guardianship program

Sen. Nancy Detert.

By Barbara Peters Smith

State Sen. Nancy Detert, R-Venice, has started a second effort to reform Florida's adult guardianship system, and said Wednesday that this legislation will be her top priority for the 2016 session.

The new bill seeks to establish what she calls a "complaint department" for Floridians affected by the guardianship system — in a repeat of her original legislation that was stymied by political maneuvers over health care funding last spring. This time around, Detert said, she has worked with the Department of Elder Affairs to agree on an estimate of what the law would cost to implement.

Introducing her bill early in the legislative process should improve its chances, she said: "If it falls off the tracks, we have time to put it back."

The state's statute on guardianship gives judges power to remove an elder's civil rights and appoint a family or professional guardian to make all legal, financial and medical decisions for that person. Problems with this process were the basis of a Herald-Tribune series last December, "The Kindness of Strangers: Inside Florida's Elder Guardianship System." Through case studies, the series looked at wards and their families who felt trapped in a legal maze they did not understand.

Detert's bill, SB 232, would establish an Office of Public and Professional Guardians to certify and supervise court-appointed guardians. Currently, the amount of oversight varies from county to county, and no formal avenue exists for wards or their families to complain about unsatisfactory guardianships.  (Continue Reading)

Full Article & Source: 
Detert renews bid to reform guardianship program

Nokomis man accused of exploitation of an elderly person

Steve Brown

A Nokomis man is facing a felony charge ... accused of stealing money from a 92-year-old woman he was caring for. Steve Brown, 56, is charged with exploitation of an elderly person.

Sarasota County Sheriff's deputies say he worked for Margery Warshaw from August to December of 2014....and that he cashed 18 of Warshaw's checks totaling $21,000. Bank officials contacted the Department of Children and Families, investigators found Warshaw to be incompetent.

When it comes to avoiding a possible scam, The Jewish Family and Children Services works with seniors from around the Suncoast. On Wednesday, at the JFCS, seniors gathered to have lunch and socialize. Amongst the fellowship was one concern all the seniors share...getting older.

"We have to face reality. Yes, there are times we do need help," says Marge Martin.

Martin lives in an assisted living facility. Right now she's capable of taking care of herself, but fears what will happen if she has to have a care-giver.

"I would have concerns having someone in my home. It's an invasion of privacy," said Martin.

"Sometimes that puts off their decision to bring in the help they critically needed in order to be able to live independently," said Pamela Baron, with the JFCS.

One of the scariest possibilities is having someone else in charge of finances.

"I know exactly where my money will be going and no one else will be making that decision for me," said Alfred Koral.

To ensure his finances stay secure, Koral, has made arrangements for his children to be in charge of his money, not a potential care-giver.

"I've made advanced arrangements for all of my assets, to make sure they are equally distributed among my children and grandchildren," said Koral.

For those who need help or direction, the JFCS has councilors who can lend a hand.

"We have a number of very well run, well respected home care agency's," said Baron.

They do not, however, suggest any private care-givers. They say the assurance of a reputable company far out ways the possibility of being scammed.

Having spent the last 5 years being his wife's care-giver as her health declined, Koral is not taking any chances.

"I know well the role of a care-taker from giving. I haven't been receiving yet but I'm not looking forward to that event," said Koral.

Full Article & Source: 
Nokomis man accused of exploitation of an elderly person

Moak: Bank group fighting senior financial abuse

Bill Moak

by Bill Moak

Hardly a week goes by that doesn’t include news of a caregiver who has been accused of stealing from an elderly or otherwise-vulnerable person in that individual’s care. Just last week, Attorney General Jim Hood announced the arrest of a Jackson woman who owns a personal care home, on charges she took more than $12,000 from a patient and was in the process of attempting to steal an additional $2,900.

A news release from Hood (http://www.ago.state.ms.us/releases/owner-of-a-jackson-retirement-and-assisted-living-facility-arrested-for-exploitation/) reported that Pebla Jones Wright, 48, was charged with felony exploitation of a vulnerable person and another for attempted exploitation of a vulnerable person. If convicted on the charges, she could face up to 20 years in prison and a $20,000 fine.

Jones is just the latest Mississippian to be accused of taking funds from vulnerable people and converting them to their own personal use. With the retirement of the baby boom generation producing record numbers of elderly people in need of care, there are also likely to be people waiting to take advantage of the money they can provide.

Financial exploitation of seniors has reached near-epidemic proportions in the U.S. According to the National Center on Elder Abuse, one in five Americans will be over the age of 65 by 2050; a 2010 study reported that one in five of those have been victims of financial abuse and fraud. Those numbers, while staggering, may be just the tip of the proverbial iceberg. Seniors may be reluctant to report fraud for a number of reasons including embarrassment, fear of retribution and a complicated reporting process.

While law enforcement does what it can, the banking industry is uniquely positioned to have the greatest potential impact. Often, seniors are coerced into giving or sending money to people through banking transactions, but attentive bank personnel may be able to stop questionable transactions or to alert authorities. I recall one case in which a Mississippi bank teller noticed an elderly person was about to send a cashier’s check for thousands of dollars to a known scammer, and was able to intervene and stop the transaction. Such intervention isn’t without risk; in the past, bank personnel have done so at great risk of legal repercussions for disclosing such information or even getting involved, but in most states, they are now protected.

In fact, Mississippi’s Vulnerable Persons Act requires any person who believes such a crime may be in progress to report it, and is provided immunity from being sued as long as the report is made “in good faith” — even if an investigation reveals no fraud or abuse actually exists.

The banking industry is responding to the challenge as well. On Tuesday, the American Bankers Association Foundation announced a new campaign called Safe Banking for Seniors (http://aba.com/seniors) — to provide a set of comprehensive tools and resources starting in January. The site will include event materials, lesson plans, media outreach tools and best practices. The site is active now, and contains some basic resources for banks and seniors alike.

“Bankers are often the first line of defense against elder financial fraud from educating and advising customers to spotting the signs of abuse,” said ABA President and CEO Frank Keating. “We take our role seriously, and the more we can work together as citizens, bankers, and government officials, we can protect our seniors from fraud.”

If you are elderly, or care about a senior, it’s crucial we all do what we can to watch for and stop senior financial abuse. The best defense against exploitation is for somebody to step up and say something when we see it.

Full Article & Source:
Moak: Bank group fighting senior financial abuse

Mahoning County Probate Judge works to clear up hundreds of delinquent filings

WFMJ.com News weather sports for Youngstown-Warren Ohio

YOUNGSTOWN, Ohio - The court which handles guardianships for some of the most vulnerable people and millions of dollars in estates is tightening procedures in Mahoning County.

Judge Robert Rusu has found 16,000 delinquent filings in cases being considered by the Probate Court.

Judge Rusu explained says the delinquent filings involve legal matters that should have been completed on cases, but were not.

The court staff is working to tighten up court operations according to Judge Rusu, who said he is aware of an ongoing investigation of alleged theft by his predecessor, former judge Mark Belinky.

The Information Technology Department was assigned the task of determining which cases had delinquencies.

Attorneys involved in the cases in question failed to fill out paperwork in a timely manner so some cases couldn't be settled.

"These are things that were not caught up; a delinquent account, status report, inventory, report of distribution,” said Judge Rusu. ”I put one employee on this to send letters to all the attorneys giving them four months to bring everything up to date.”

 One thousand cases have been resolved so far, but about six hundred are still outstanding.

“I will be setting the cases for a formal hearing. We are going to haul the attorney's and the fiduciaries in and they are going to have to explain their actions to us, and if they don't then I could remove them," said the Judge.

Judge Rusu says the most serious cases involve inventories which detail assets in an estate and provide an accounting of what has been done with the money.

The problems were inherited from former Probate Judge Mark Belinky who resigned last year after pleading guilty to one count of tampering with records.

Belinky has agreed to cooperate with an ongoing investigation by the state and FBI.

An affidavit filed by an agent with the Ohio Bureau of Criminal Investigation states that Mark Belinky admitted to stealing money from guardianships; people who are either physically or mentally unable to take care of themselves.

Judge Rusu told 21 News that he is aware of the allegations concerning his predecessor. “I am working to restore trust in Mahoning Probate Court. I can assure you that right now the appropriate and best suited individuals to do that investigation are doing that,” said Rusu.

As of this date disgraced former Judge Mark Belinky has not been charged with theft.

A BCI spokesman says, the agency stands by the information in the affidavit and will not comment on an ongoing investigation.

Full Article & Source:
Mahoning County Probate Judge works to clear up hundreds of delinquent filings