Monday, October 29, 2018

Tennessee doctor borrowed $300K from a patient, then diagnosed her with dementia

A Tennessee doctor has retired her medical license after it was discovered that she borrowed a hefty loan from a longtime patient, then diagnosed the woman with dementia when she asked for her money back, according to state discipline records.

But the doctor now insists she was “set up” by a vindictive patient, and said she only agreed to retire after state attorneys presented her with an unwinnable legal case.

“It was all lies and I was told that if I fought it would be extremely costly to me,” said Dr. Suellen Lee on Tuesday. “And there would still be no benefit. There was no chance of reversal.”

Lee, 79, an internal medicine specialist in Columbia, retired her license last month in a peculiar case before the Tennessee Board of Medical Examiners, which is responsible for disciplining doctors throughout the state. Government attorneys said Lee borrowed $300,000 from a patient when her medical clinic fell on hard times, and when the patient later requested repayment, Lee diagnosed her with dementia in an apparent effort to escape the debt.

The patient — identified in records only as E.W. — had been treated by Lee for 25 years and was also a personal friend and a co-worker. State records say that Lee sent a letter about E.W.'s diagnosis to the patient’s daughter, who in turn forwarded the letter to the patient’s financial company, which resulted in her being denied access to her assets.

When Lee was questioned by investigators, she admitted that she diagnosed E.W. purely “on observation,” without the use of any testing method or a second opinion from a mental health professional, according to state records.

A psychologist later assessed E.W., finding “no indication of dementia,” the records say.

During a phone interview with the Tennessean on Tuesday, Lee said the state of twisted the facts of her case to make it appear as if she was scheming to escape the loan. Lee said she borrowed the money from the patient approximately 20 years ago and has been dutifully repaying the debt in installments.

Lee also stood by the dementia diagnosis, which occurred about two years ago, saying E.W. exhibited erratic behavior and signs of memory loss. Lee insisted her former patient later misled the psychologist so the dementia diagnosis would not be confirmed.

“She wanted to hurt me because she was so angry with me, because I had said that she was demented,” Lee said.

Although Lee now disputes some aspects of the case against her, she conceded to these facts while negotiating an agreement with the Tennessee Department of Health and the Board of Medical Examiners during a meeting last month. Lee ultimately signed a consent order, voluntarily retiring her license and agreeing to pay a $2,000 fine.

The details of Lee’s case were revealed through a monthly discipline report issued by the Tennessee Department of Health, which maintains public records on licenses for doctors, nurses, chiropractors, massage therapists and other health care professionals throughout the state. More than 100 disciplinary actions were included in the latest monthly report.

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Tennessee doctor borrowed $300K from a patient, then diagnosed her with dementia

Attorney Who Bilked $3M From Senior Clients Gets 10 Years In Jail

TOMS RIVER, NJ — An Ocean County attorney who hosted a radio show and taught seminars on elder law, often preaching the need to protect those who are vulnerable, has been sentenced to 10 years in prison for stealing more than $3 million from his elderly clients, the state attorney general's office announced Friday.

Robert Novy, 67, of Brick, was sentenced Friday to 10 years in state prison, including three years and four months of parole ineligibility, by Superior Court Judge Michael T. Collins in Ocean County, Attorney General Gurbir S. Grewal said.

Novy pleaded guilty on July 27 to first-degree money laundering, admitting he stole millions of dollars from his law firm's clients. The state's investigation revealed that he stole more than $3 million from at least two dozen victims. Novy laundered the money through various bank accounts, including his attorney trust and business accounts. The victims generally did not have close relatives to guard their interests and in some cases suffered from dementia, Grewal's office said.

Novy additionally must pay restitution to his victims out of two funds totaling $4 million that are being created using assets previously seized from him by the state: one fund of $3 million to provide restitution to client victims, heirs, estates and trusts already identified through the state's investigation, and a second fund of $1 million to provide restitution, with court approval, for others not previously identified who come forward with proof that they were victims of thefts.

Novy surrendered his license to practice law in New Jersey and must pay $500,000 to the state as an anti-money laundering profiteering penalty.

As an expert in elder law, Novy hosted a bi-monthly radio program "Inside the Law," focusing on topics of concern to senior citizens. He was arrested on Oct. 18, 2016. Detectives executed a search warrant at the time at his firm, Novy & Associates, on Ridgeway Avenue in Manchester, seizing billing records and other evidence. The Attorney General's Office obtained court orders freezing over $4 million in assets held by Novy and his firm and appointing a trustee to oversee the firm's business operations.

"Novy preyed upon vulnerable seniors who trusted him as their attorney to guard their interests. Instead, he callously stole their life savings, betraying their trust and the oath he took to uphold the law," Grewal said.

Novy came under investigation following a referral to the Division of Criminal Justice by Ocean County Surrogate Jeffrey W. Moran.

The investigation revealed he stole funds from elderly and deceased clients who often did not have a close relative to claim their estate or challenge Novy's actions and used the money for personal and business expenses.

Novy gained control through wills, powers of attorney, and trust documents, making himself the sole financial decision-maker for the clients. When clients had sizeable assets in the form of an annuity or life insurance policy, Novy directed insurance companies to redeem the policies and send the money directly to him. In some cases, when challenged by trustees or relatives about particular funds that had been withdrawn from client accounts, Novy claimed they were "administrative errors" and repaid the funds.

Novy was indicted April 30, 2018, with the state alleging three different schemes:

1. In one scheme, Novy simply transferred funds from his clients' personal bank accounts or from his clients' liquidated personal assets into his own bank account.

2. In the second scheme, Novy transferred funds from his clients' personal accounts or liquidated assets into IOLTA (Interest on Lawyer Trust Account) sub-accounts that he controlled. The powers of attorney executed by the victims legally required Novy to place their assets into independent trust funds selected by the victims that would manage their assets, so the act of placing the funds into accounts that he controlled constituted a theft by Novy.

3. In the third scheme, Novy transferred client funds from various accounts – including the clients' personal accounts, the clients' IOLTA sub-accounts, or the firm's attorney trust account – into the firm's operating and disbursement accounts. Novy excessively billed the clients for power of attorney fees without any supporting invoices.

Novy was charged with money laundering because he engaged in transactions involving the stolen funds and the various accounts – primarily his attorney trust accounts and/or attorney business accounts – by which he concealed the source of the stolen funds and used them to promote his criminal activities.

The state attorney general's office said people, relatives, heirs, estates or trusts who believe they are victims of Novy and can offer proof of damages should write to Deputy Attorney General Kara R. Webster in the State Office of Victim Witness Advocacy at WebsterK@njdcj.org, or if they do not have email access, can call 609-376-2444.

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Attorney Who Bilked $3M From Senior Clients Gets 10 Years In Jail

Bria Health Services allegedly failed to investigate patient's abnormal vital signs

BELLEVILLE — An estate executor is suing Bria Health Services of Belleville and several other healthcare providers after their patient allegedly went into cardiac arrest and suffered a brain injury.

Heather Hopfinger, independent executor of the estate of Jewel M. Hopfinger, filed a complaint on May 23 in the St. Clair County Circuit Court, alleging the defendants failed to provide proper medical care.

According to the complaint, the plaintiff alleges that the defendants repeatedly failed to investigate Jewel Hopfinger's abnormal vital signs, which allegedly included a high heart rate and a high respiratory rate. Jewel Hopfinger then went into cardiac arrest, which caused her to sustain a brain injury, the suit states.

The plaintiff alleges the defendants failed to adequately monitor and treat Jewel Hopfinger.

The plaintiff requests a trial by jury and seeks damages in an amount that exceeds the jurisdictional limits of the court.

She is represented by Eva E. Golabek of Kralovec, Jambois & Schwartz in Chicago.

St. Clair County Circuit Court case number 18-L-365

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Bria Health Services allegedly failed to investigate patient's abnormal vital signs

Sunday, October 28, 2018

Guardianship lawsuit against county rejected by Collier court

COLLIER COUNTY, Fla - A pair of Collier County women, who they say lost their sons in a bogus guardianship case, had another setback in court.

Betty Gosnell had her son taken away from her almost two years ago

She doesn't know where he is, only that the collier county court system was behind it.

"I've been told numerous lies, a lot of tampering with evidence," said Gosnell.

Betty and several others in the county are victims of what is known as guardianship abuse.

The guardianship program is in place to ensure those who can't care for themselves, their finances or children, have someone appointed by the court to do so.

Gosenell, and another woman Peggy Dupree had both their lawsuits rejected by a judge.

The judge ruled they were vexacious litigants meaning they sue too much.

"Its very, very troublesome, that a judge would rule litigants are vexatious on their very first filing."

Gosnell says she's not sure what she will do now, but she knows she's not giving up.

"I'm going to everything to fight this, we're talking about my son, I want the truth I want to know what happened with my son."

A third person who filed suit against Collier County for a bogus guardianship, still has her case pending.

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Guardianship lawsuit against county rejected by Collier court

Elder abuse reported in Warren County

BOWLING GREEN, Ky. (WBKO) -- Deputies went to conduct a welfare check in reference to possible abuse of an elder by a family member on Maplemere Drive on Wednesday.

When the investigating deputy got to the home, officials say he found 91-year-old Lucille Lindsey of Bowling Green in "immense pain."

Medical Center EMS was immediately notified and responded.

The sheriff's office said it was determined that Lindsey's daughter, 57-year-old Gerri Carnes had assaulted Lindsey earlier in the week.

Lindsey was taken to a local hospital where she's being treated for injuries.

Her daughter, Gerri Carnes was arrested and taken to the Warren County Regional Jail and charged with Wanton Abuse/Neglect of Adult by Person.

Carnes was also served with an Emergency Protective Order.

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Elder abuse reported in Warren County

4 plead guilty in Richland Township elder abuse case

Left to right: Albert Weaver Jr., Amanda Weaver, Anthony Dorney, Virginia Weaver

DOYLESTOWN, Pa. - Four Bucks County residents have admitted to severely neglecting an elderly relative who died in 2016.

Albert Weaver Jr., his wife Virginia Weaver, their daughter Amanda Weaver and Amanda's boyfriend Anthony Dorney, all of Richland Township, each pleaded guilty Monday to neglect of a care-dependent person, according to the Bucks County District Attorney's Office.

Albert Weaver Sr., 84, was found dehydrated, malnourished and suffering from severe infections in his home in Richland Township in November 2016. An EMT said the home was "deplorable" and "smelled of infection."

He died at the hospital several days later.

The four lived with Weaver Sr. in two homes owned by the elderly man for free, in exchange for taking care of him.

All but Albert Weaver Jr. also pleaded guilty to theft charges for stealing money from Weaver Sr. and spending it on alcohol, drugs, guns, video games and more.

Three of the four people were sentenced Monday.

Virginia Weaver, 49, and Dorney, 29, were each sentenced to two to five years in state prison. Weaver Jr. was sentenced to 15 to 48 months in prison.


Amanda Weaver, 27, was granted a 30-day referral of sentence to receive a mental health evaluation.

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4 plead guilty in Richland Township elder abuse case

Saturday, October 27, 2018

'A Mean Woman': Caregiver Seen Kicking 93-Year-Old Woman in Surveillance Video

A South Florida caregiver is behind bars after she was caught on surveillance video kicking a 93-year-old woman with Alzheimer's so hard that she started bleeding profusely, authorities said.

Martha Diazsanchez, 64, was arrested Monday afternoon at the victim's Little Havana home on SW 29th Avenue and faces charges of elderly abuse, battery on a person 65 years or older and tampering with physical evidence, according to the Miami Police Department.

"That woman is a bad woman. A mean woman," Santiago Sarmiento, the victim's son-in-law, told NBC 6.

Sarmiento said his mother-in-law is in such a frail state, that she could not even tell her own family that she was attacked.

"She has Alzheimer's and she is very weak," he said.

The surveillance video, taken from the victim's bedroom, shows Diazsanchez entering the room after the victim fell off her bed. She kicks the victim in the leg, hard, causing her to bleed and leaving a laceration in her leg. Diazsanchez pulls up the victim and throws her back onto her bed and mops up the blood after she patches up the injury, police said.

"We were able to put this puzzle together, and again, this could have been much worse," police commander Freddie Cruz said. "This elderly female could have been kicked in the head, her life could have been taken away at any given moment."

According to family members, Diazsanchez claimed to have 40 years of nursing experience. She had been working for the victim's family for only two weeks.

"You need to know who you're bringing into your house," Sarmiento said.

Police initially said the victim was 95 years old and later corrected her age to 93.

Diazsanchez was arrested after she was confronted by family members at the house. She was briefly hospitalized for chest pains and was subsequently booked into Turner Guilford Knight Correctional Center on $35,000 bond, according to online jail records. Attorney information wasn't available.



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'A Mean Woman': Caregiver Seen Kicking 93-Year-Old Woman in Surveillance Video

‘The Ultimate Betrayal’: Grandson Of Victim Explains Signs Of Elderly Financial Abuse

As the nation’s Baby Boomers age, more seniors are becoming vulnerable to various forms of financial exploitation.

According to a U.S. Securities and Exchange Commission report released in June, studies have found that 2.7 percent to 6.6 percent of the elder population are victims of such exploitation each year. The report adds that these studies likely underestimate the true extent of the problem.

One man with very personal experience in this area is Philip Marshall, grandson of the late New York City philanthropist Brooke Astor. In 2006, Marshall took legal action against his father, Anthony Marshall, accusing him, among other things, of illegally scheming to take control of Astor’s $100 million fortune. At the time, she suffered from the effects of Alzheimer’s disease.

Anthony Marshall was later convicted on grand larceny and other counts. The case helped raise awareness of elder financial abuse nationwide.

On Thursday, Philip Marshall will address the issue of elder financial exploitation during a conference in Charlotte. He spoke Tuesday with "All Things Considered" host Mark Rumsey.

Mark Rumsey: Philip Marshall joins me now by phone from his home in South Dartmouth Massachusetts. Mr. Marshall good afternoon.

Philip Marshall: Good afternoon, Mark. It’s great being with you here.

Rumsey: Your family's case was highly unusual in the sense that it was very high profile and involved tens of millions of dollars. What is the broader scope of the problem of financial exploitation of elderly people in this country? What are some of the forms that [the abuse] takes?

Marshall: Well what happens is there's a couple things that occur. Scams such as phone scams and what I'll call “pure financial exploitation” involves straight out theft of money or other assets by a stranger. But sadly, as I know from my grandmother sad circumstances, at least two thirds of elder abuse cases occur within a relationship where there's an expectation of trust. It's illegal, immoral and a betrayal of trust — the ultimate betrayal.

Frequently, seniors are poly-victimized. Basically, they endure more than one form of abuse and are re-victimized, especially when there's an intimate long term relationship between the victim and perpetrator.

Rumsey: How clear is the line between, perhaps, some form of inappropriate treatment towards an elderly person with regard to their finances and actual exploitation that would cross all ethical and legal boundaries?

Marshall: It's hard to draw the line but in essence, it's when finances are going to benefit the alleged or actual perpetrator and compromise the senior that the line begins to get drawn.

Rumsey: In your family's case, the key issue was the mental competence of your grandmother Brooke Astor when she signed a will in 2002, right?

Marshall: In my grandmother’s case, abuse and exploitation happened for several years and it started a bit before she was a hundred years old. My father basically used his power of attorney, and he used it as a weapon and a shield to steal — as chronicled by huge irregular financial transactions. After that happened, he became emboldened and he continued his sort of serial exploitation.

[He had] my grandmother sign three amendments to her will to transfer millions of dollars — which was to go to charity — to his control. But it happened three years after he claims that his mother was delusional in a letter to a neurologist.

One of my big pushes now is to connect healthcare and financial professionals because with communication between these professionals, and with mandated reporting and training, such acts could have been arrested early on. The financial industry can serve as an early warning system. Basically, our personal ability to deal with finances is the first thing to go when it comes to cognitive impairment.

Rumsey: Out of your own personal experience, is there a message for family members — children and grandchildren — to be alert to what would seem like the unthinkable possibilities that this kind of abuse could be taking place in their own families?

Marshall: Really have a conversation with seniors. Our silence protects perpetrators, not their victims. Today, victims of this crime might be strangers. Tomorrow, they may be our loved ones or ourselves.

Rumsey: Philip Marshall is the grandson of the late New York City philanthropist Brooke Astor. Mr. Marshall, thanks very much for talking with us.

Marshall: Thank you very much, Mark.

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‘The Ultimate Betrayal’: Grandson Of Victim Explains Signs Of Elderly Financial Abuse

Owner of Scottdale care home accused of endangering Vietnam veteran she evicted

The owner of a Scottdale personal care home is accused of reckless endangerment after letting a Vietnam veteran who was evicted from her facility walk to the New Stanton area without checking on him, according to court papers.

County detectives on Wednesday filed charged against Leah C. Ilgenfritz, 79. 

The situation was reported in July to the Westmoreland County Elder Abuse Task Force when the victim, who is in his 60s, was seen wandering around the New Stanton area. Police said the victim has schizophrenia and a diabetic condition. 

When county officials investigating the July 6 report found the victim at a convenience store near New Stanton, he was talking to himself, dressed in dirty clothing and appeared undernourished. A doctor who evaluated him during an involuntary mental health commitment told investigators the victim was “at risk of serious bodily injury or death” if his conditions went untreated, police said in an affidavit. 

Ilgenfritz told police she began in May the process of evicting the man from her Park Avenue facility, where he had been treated since 2015, after he began neglecting his medication and causing problems. 

“Ilgenfritz stated that when (the man’s) erratic behavior didn’t change, she advised him that she would be evicting him from the facility,” Detective Ray Dupilka wrote in the complaint. 

She paid to lodge him for three nights at the Budget Inn Motel in New Stanton about 9 miles away and dropped his belongings and medication off there, police reported. 

He refused to get in her vehicle and left the personal care home on foot. Dupilka said the victim never checked in to the hotel, instead wandering around the area for a few days. 

“Ilgenfritz confirmed that after (the victim) left her facility, she didn’t know if he ever made it to the hotel or received his requisite medication,” Dupilka wrote in the complaint. 

When reached Thursday, Ilgenfritz said the victim had overstayed a 30-day notice to leave her facility. 

“I never put him out,” she said. “He kept packing his bags and saying he was going to a hotel.” 

“There’s a lot more to it than what they’re saying,” she said. 

The personal care home, registered as Leah’s Victorian Cottage with the state, has a capacity of 30 patients. It was last inspected in July. 

The misdemeanor charge is being sent by summons. A Dec. 5 preliminary hearing is set.

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Owner of Scottdale care home accused of endangering Vietnam veteran she evicted