Key TN Lawmaker Says Judge Casey Moreland Should Resign

A powerful state lawmaker is calling on a Nashville judge to resign.
　
Sen. Mike Bell, R-Riceville, told NewsChannel 5 Investigates that Judge Casey Moreland should do the right thing and step down.
　
Bell is the first elected official to publicly call for the judge's resignation since serious allegations of misconduct came to light.

"My first thought is why is this guy still on the bench," Bell said.
　
He did not mince words about the embattled Moreland.
　
"He should either voluntarily step off the bench or there should be a movement to remove him from the bench."
　

Senator Mike Bell 

Bell is chair of the Senate's Government Operations Committee, which oversees the Board of Judicial Conduct, the board that disciplines judges.
　
He said the thousands of text messages that reveal Judge Moreland intervened in a traffic stop for a woman with whom he was having an affair, as well as allegations that another woman had sex with him in his chambers to get favorable treatment in a DUI, cannot be ignored.

The Board of Judicial Conduct can recommend that the legislature remove a judge from office, but that would take a two-thirds vote in both the House and Senate.
　
"I think he should step down not only for the benefit of himself but he should step down to assure that justice is given to those people who show up before him," Bell said.
　
The Senate chairman questioned how Moreland can maintain the difficult duties of a judge with all of the allegations of misconduct swirling around him.
　
The allegations came to light during a Metro Police investigation into the suicide of a woman last May.
　
Leigh Terry and two other women had been on a trip to the Alabama coast with Judge Moreland and two other attorneys days before she died.
　
All three of the women on the trip had been defendants in Judge Moreland's court at some point in the past.
　
In police interviews, a friend said that Terry had slept with Moreland to get out of a DUI.
　
That was back 2013 - long before the trip.
　
"She told me right then that she had sex with Casey Moreland in the chambers and that's what kept her out of jail," Roy Matlock told police last summer. He is a friend of Leigh Terry.
　
Bell has questioned the willingness of the Board of Judicial Conduct to investigate and discipline fellow judges in the past.

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Key Lawmaker Says Judge Moreland Should Resign

Petition Urges Washington State Lawmakers to Protect Older Adults from Financial Exploitation

Thousands of Washingtonians are calling on state lawmakers to protect older adults from financial exploitation. Advocates delivered nearly 8,000 petitions to lawmakers in every district today, asking them to pass companion bills HB 1153 and SB 5099. The bills would increase the penalties for and make it easier to prosecute people who exploit older adults. 

Camano Island resident Amy Lecoq is in Olympia today because her grandmother was scammed out of more than $200,000 over a three-year period. She says her grandmother was exploited by someone who called herself a friend.

"She lost a lot, you know," she said. "She didn't just lose money, but she stole her confidence in herself, she stole parts of her health, she stole her time, she stole her ability to believe she could make good decisions. She didn't just steal her money."

Nearly one in 20 older Americans are financially mistreated by a caregiver, friend, family member or someone else with access to their finances, according to the Department of Justice. Washington state is one of 13 states that still does not have a criminal statute for the financial exploitation of vulnerable adults.

The woman who exploited Lecoq's grandmother eventually was convicted of nine counts of felony theft, although she has appealed the decision. Lecoq's grandmother has received only one restitution check for $11.

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Senior Issues/Petition Urges Lawmakers to Protect Older Adults From Financial Exploitation

Alabama Man Arrested for Abuse, Neglect, Financial Exploitation of his Father

A Franklin County man was arrested after he was accused of exploiting, abusing and leaving his elderly father in what one authority called “deplorable” living conditions.

Wesley Wayne McAlister was indicted for financial exploitation of the elderly and elder abuse.

Sheriff Shannon Oliver said allegations are that McAlister neglected his father, who McAlister was living with and was supposed to be taking care of.

Oliver said the father is 80 years old and was sickly.

“Instead of helping him, the victim was being neglected and being taken advantage of,” Oliver said.

The indictment accuses McAlister of depriving his father of air conditioning, electricity and water services in the home, which caused living conditions to be “unclean and unsanitary” and that the older man was deprived of food.

“No one should have to live in those kind of conditions,” Oliver said.

Full Article and Source:
Man Indicted for Elder Abuse, Neglect, Financial Exploitation

TX: Elderly Woman Swindled Out of Thousands by ALF Worker

An assisted living center worker is accused of taking money from an elderly client.

The crime started nearly six months ago, according to police.

Sandra Martinez

Police said the elderly victim relied on the suspect until she got her MasterCard statement back. An arrest warrant showed the victim had been taken for nearly $3,500.

San Antonio police said 42-year-old Sandra Martinez faces charges of credit card abuse of the elderly and exploitation of the elderly.

An arrest document said she swindled an 85-year-old woman out of thousands of dollars in one month.

Source:
Elderly Woman Swindled Out of Thousands by Worker, Police Say

Charles Pascal's Email to Nevada Attorney General Paul Laxalt

To Nevada Attorney General Adam Paul Laxalt:

2/14/17

In 1992 your grandfather Senator Laxalt assisted me when I was living in Carson City, Nevada. I was appreciative for the assistance provided by the former Nevada Senator. Today I’m writing you about what appears to me to be a serious inconsistency in the law.

After reading the February 10, 2017 article regarding the disciplinary proceedings being conducted against Justice of the Peace Melanie Andress-Tobiasson, it became clear that I should bring this matter to your attention.

In 2009 my mother-in-law, Marcy E. DuDeck, was kidnapped by her son, Lance DuDeck. She was taken against her wishes to Nevada. The kidnapping was committed against an existing Nevada court order, which stated my mother-in-law, Ms. DuDeck was to remain in California at Sunrise Senior Assisted living for the rest of her life.

After the kidnapping, Commissioner Jon W. Norheim delayed in filing his ruling to return Ms. DuDeck to the California residence, which was previously ordered by Norheim’s Clark County Family Court in May of 2007. Please note Commissioner Norheim himself wrote the 2007 court order which he violated. Commissioner Norheim’s failure to act on behalf of Mrs. DuDeck clearly demonstrated his intent not to enforce his own court order.

Mrs. DuDeck became ill as a result of this kidnapping and died alone at Del Mar Gardens in Las Vegas. The kidnapping was conducted on August 4, 2009, which was two days before a California evidentiary hearing was to take place in a Los Angeles County Court. The hearing would have exposed numerous disturbing facts about Mrs. DuDeck’s guardian, Jared E. Shafer, revealing that Mr. Shafer failed to pay IRS taxes for the DuDeck estate, that he billed the estate for visits which never occurred, testimony to the fact that Mr. Shafer himself bragged about ordering the kidnapping, witnesses to statements made by Mr. Shafer that he was bragging about bribing judges and the fact that Patience Bristol, who was not a licensed guardian at the time, was being paid from the DuDeck estate for guardian services when she was not Ms. DuDeck’s guardian. As you probably know, Bristol is serving a three to eight year sentence in state prison for exploitation of senior citizens.

By revealing our story in the beginning of this email will illustrate the main point, which I’m about to argue, which states that LGBTQ citizens are granted more civil rights than other citizens.

Justice of the Peace Melanie Andress-Tobiasson was involved in a case involving LGBTQ rights. Judge Tobiasson is facing the type of accountability for her actions which victims of families, who do not fall into the LGBTQ category, have been demanding from Nevada for close to a decade. The disciplinary proceedings filed against Justice of the Peace Melanie Andress-Tobiasson sends a strong signal to families who do not fall into the LGBTQ category. It appears families who are not LGBTQ are not provided the same rights as those citizens who fall into the LGBTQ category.

Commissioner Norheim has not faced accountability for his failure to enforce the law in our case and in many other cases I’m familiar with. Jason Hanson is still waiting for justice. Becky Olvera Schultz is suing in a federal court to recover moneys paid from her father’s estate without court orders. In the Olvera case, Commissioner Norheim stated in a court video that he wouldn’t enforce NRS Chapter 160 pertaining to veterans when Mr. Olvera was a WW2 veteran.

When Commissioner Norheim refused to enforce NRS Chapter 160, did he rule this way because Olvera wasn’t LGBTQ? Could this be the reason why the law was never enforced to protect veteran Mr. Olvera?

The North family lost everything as a result of actions by another guardian, April Parks. Elizabeth Indig’s mother is another individual who lost everything and has never received justice. All of the cases listed above are not LGBTQ.

The Supreme Court’s guardianship commission to look into guardian abuses in Nevada has resulted in no arrests or convictions of professional guardians or disciplinary actions against any Family Court judges. Unfortunately, Justice of the Peace Melanie Andress-Tobiasson will face punitive action for her failure to apply the law.

This letter to your office will be widely published as well as your answer to it. I sincerely hope equal justice will be applied to citizens who are not LGBTQ.

~Charles P. Pascal

Marcy and Charlie

See Also: NASGA: Marcy DuDeck, NV/CA

"Marked for Destruction"

A Shockingly Powerful Story; A True Crime Exposed.
by Officer John Caravella /retired

What Adele Fraulen might have thought to be nothing more than a meaningless bad dream one night in 1935 would actually come true. At age 79 she would find herself living a nightmare -- a struggle for her life, simply because she innocently trusted the wrong professionals to help with her portion of a Million Dollar inheritance; they would steal her very existence. Her neighbors, Chris and Patricia Zurillo, would realize that Adele's life was going terribly wrong and dedicate themselves to freeing her from captivity.

“Marked For Destruction” is a rare book that exposes an ever-expanding crime against our elderly.

Source: MarkedForDestruction.com

From the Author:

AN ESSAY: REFUSE COURT EXAMINATION ORDER - FREEDOM FROM INTERFERENCE

Imminent danger to the alleged incapacitated person, who is criminally and civilly innocent, begins with a court ordered pre-trial examination by an examining committee.

Court ordered examinations, and examining committee members, are controlled by statute. If indicated, the committee's examination must be comprehensive and include:

1. A physical examination;
2. A mental health examination;
3. A functional assessment;
4. A diagnosis, prognosis, and recommended course of treatment.

Read the Essay: Freedom From Interference

Are You a Victim of These Frauds Targeting Seniors?

An IRS impersonation fraud that has victimized thousands of Americans leads a 2017 U.S. Senate ranking of the Top 10 scams targeting senior citizens.

Dubbed by the Treasury Inspector General for Tax Administration as the most pervasive impersonation fraud in IRS history, the swindle involves suspected scammers based in the U.S. and India who telephone Americans and threaten arrests unless purported tax debts aren't paid immediately. At least 1.97 million people have been targeted, with as many as 200 victimized per week during the scam's peak last year, according to the inspector general.

Separately, 1,680 people contacted a toll-free hotline established by the Senate Special Committee on Aging (1-855-303-9470) and reported they were contacted or fleeced by the scam in 2016. The total — more than twice as many as any other complaint — ranked the fraud first in the panel's annual report, ahead of sweepstakes scams, robocalls, elder financial abuse and grandparent scams, the committee reported at a Wednesday hearing.

IRS scam suspects conned victims in at least 21 states
Testifying by video at a committee hearing Wednesday, 81-year-old Phillip Hatch of Portland, Me. said he lost $8,000 to IRS impersonation scammers who threatened "the marshals will be in your house within an hour" unless he paid what they claimed were overdue taxes.

"I was mad — upset that I was taken in," said Hatch. "Just give me five minutes in a room alone with those people and I'd be happy."

Full Article and Source:
Are You a Victim of These Scams Targeting Seniors?

KY: Prosecutors Can Now Receive Elder Abuse Training Online

Attorney General Andy Beshear and the Prosecutors Advisory Council Thursday announced that state prosecutors can now receive their required elder abuse training through a series of webinars.

Previously, prosecutors had to wait for a training to be announced at a location around the state.

PAC is offering the free training through its Intranet to all county and commonwealth’s attorneys. The more than four-hour online training focuses on the investigation and prosecution of abuse, neglect and exploitation of the elderly.

With the online format, the four-part webinar is available to prosecutors at any time, will be readily available, and will be an excellent resource as prosecutors build and prepare to try cases, Beshear said.

“Over the last year, I have worked to find ways to better protect our most vulnerable citizens,” Beshear said in a state news release. “Joining PAC to offer our local prosecutors this vital training through their linked network is another way my office is partnering to aggressively pursue those who would target Kentucky’s vulnerable population.”

Local prosecutor are responsible for handling cases involving reports of elder abuse in each county. On a state level, Beshear’s Office of Medicaid Fraud and Abuse, Office of Senior Protection, Department of Criminal Investigations and the executive branch’s Department of Community Based Services handle elder abuse cases.

“Ensuring our local prosecutors are trained on elder abuse is critical in protecting every senior throughout the Commonwealth,” Pulaski County Attorney Martin Hatfield said in the news release. “With PAC and the AG offering this training online, each of us now has a valuable resource at our fingertips to better serve our communities in our fight to end elder abuse.”

Beshear’s Office of Medicaid Fraud and Abuse and the Cabinet for Health and Family Services developed the four-part training, and the Kentucky Bar Association approved the training for continuing legal education.

Full Article and Source:

Prosecutors Can Now Receive Elder Abuse Training Online

Elderly woman's former POA sues assisted living facility for denying him access to his client

A high profile professional guardian, who faces criminal charges, is now taking a Pinellas County assisted living facility to court, and a six-figure personal services contract is at the center of the dispute.

Fernando Gutierrez was charged late last year with battery and trespassing for an incident that happened at Patrick Manor ALF in St. Petersburg.

Now he's filed a lawsuit, claiming the facility is preventing him from providing services his client already paid for.

According to court documents, an 86-year-old woman who lives at Patrick Manor signed a document making Gutierrez her power of attorney in June of 2012.

Gutierrez used that POA to hire himself to provide services for her, including monitoring her health, providing for her hygiene needs and even attempting "to amuse and entertain" her.

Fernando Gutierrez

Gutierrez paid himself $180,000 for his services, which represented all of her available funds, according to the contract included in the lawsuit.

He also signed a nearly $42,000 promissory note with an 8 percent annual interest rate on her behalf, which would be satisfied by future payments to himself.

The contract indicates the client would pay him at a rate of $35 per hour for 18 hours of services each week.

The price was arrived at using an insurance actuary table estimating her additional expected lifespan at slightly more than five years.

The elderly client revoked the POA last fall, at which point Patrick Manor banned Gutierrez from the property.

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Elderly woman's POA sues assisted living facility for denying him access to his client