Disbarred Northern Westchester Lawyer Charged For Stealing 9/11 Victim Compensation, Feds Say

by Zak Failla

Gustavo Vila Photo Credit: Lawyer.com

A disbarred attorney from Northern Westchester has been accused of stealing approximately $1 million that was rewarded to one of his clients from the 9/11 Victim Compensation Fund.

Yorktown Heights resident Gustavo Vila was charged in White Plains Federal Court for allegedly stealing from his client, who was a first responder who suffered life-threatening medical conditions while cleaning up the crash site at Ground Zero.

The Victim Compensation Fund was created in the wake of the terror attack to provide government funds to compensate anyone who was harmed or killed as a result of the attacks.

It ran from 2001 to 2004 before being reactivated by the federal government in 2016 and 2020.

Claimants seeking compensation from the Fund were authorized to work with an attorney and have the attorney, on the victim’s behalf, submit a claim to, and receive the claimant’s award from, the Fund. 

An attorney’s fees were limited to 10 percent of whatever was awarded to the first responders.

Between 2012 and 2019, Vila represented a retired NYPD officer who was diagnosed with and suffered from, serious, life-threatening medical conditions, including cancer, as a result of rescue and recovery work he performed at Ground Zero. 

Throughout his representation of his victim, Vila held himself out as an attorney to the officer and the Fund, despite the fact that in 2015, he was disbarred after being charged in an unrelated grand larceny case.  

It is alleged that in May 2013, Vila submitted a claim on behalf of his victim, though the funds received - a total of $1,030,622.04 - were directed straight into a bank account controlled by Vila in September 2016 after he had been disbarred.

Prosecutors said that in October 2016, Vila was required to distribute all of the money into his victim’s bank account, minus the 10 percent attorney’s fee.

Instead, Vila kept the money and failed to even tell his victim about the deposit.

Vila allegedly used the money for himself, including to pay his own taxes from October 2016 through February 2020. Vila allegedly never told his victim that the transfer had been made four years prior.

He was arrested earlier this year when his victim learned of his disbarment and contacted the Victim's Compensation Fund himself and learned that the transaction had already been completed.


“As alleged, Gustavo Vila stole money awarded to his client – an NYPD officer and 9/11 first responder – by the 9/11 Victim Compensation Fund,” Acting U.S. Attorney Audrey Strauss said. “Vila allegedly lied to his client, telling the client for more than three years that the money Vila stole had yet to be released by the Fund. 

“Further, Vila lied to his client about his standing, continuing to hold himself out as an attorney even after he had been disbarred.  Now Gustavo Vila has been charged with theft of government funds.”

Vila, 62, was charged with one count of theft of government funds. If convicted, he faces a maximum term of up to 10 years in prison.

DOJ-Office of the Inspector General Fraud Detection Office Special Agent in Charge Kenneth Dieffenbach added: “Vila allegedly attempted to profit off of the suffering of a retired NYPD officer who risked his life at Ground Zero.

"Because of Vila’s alleged greed, the victim never received about $1 million he was awarded from the 9/11 Victims Compensation Fund.”

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Disbarred Northern Westchester Lawyer Charged For Stealing 9/11 Victim Compensation, Feds Say

Nursing Home Employee Caught Punching 98-Year-Old Dementia Patient

By Elizabeth Nelson

A nursing assistant has lost her certification and her job after being caught abusing an elderly patient.

The abuse occurred at HCR ManorCare in Naples, Florida. The nursing assistant, Yverose Neus, was seen by a coworker punching a 98-year-old dementia patient.

The coworker who saw her said she “swung her closed fists and hit the back of Patient E.H.’s head twice. Patient E.H. attempted to stop Neus from hitting her by holding her hands up defensively.”

Luckily, the other employee stood up for the elderly woman and reported Neus’s behavior. Following the incident, Neus was fired and had her nursing assistant certification taken away. She’s held the certification for more than 20 years.

Sadly, it is not common for elderly people in care homes to be abused by their caretakers. Their lack of physical strength and the ability to speak up for themselves makes them especially vulnerable.

If you have any reason to believe that an elderly person may be being abused, please do not hesitate to speak up, either to the victim’s family, to someone else in charge of their care, or to local police if need be. No one deserves to be treated like this, least of all the most helpless and frail of our communities. We must stand by those who are vulnerable and protect them from harm

Full Article & Source:
Nursing Home Employee Caught Punching 98-Year-Old Dementia Patient

Britney Spears Calls Conservatorship 'Voluntary' as She Files for Case to Be Open to the Public

Britney Spears "strongly prefers to have a qualified corporate fiduciary appointed to serve in this role" instead of her father Jamie Spears, court papers state 

By Karen Mizoguchi

Click to Watch Video

Britney Spears is seeking a conservatorship, on her own terms.

The pop star, 38, and her court-appointed attorney Samuel D. Ingham III filed court papers on Monday in Los Angeles, asking for several changes to her conservatorship, which was extended to February 2021 after a filing in which she said she's "strongly opposed" to having her father Jamie as her sole conservator. (Jamie, 68, stepped down from the role last year after more than a decade.)

The court documents, which were obtained by PEOPLE, state that the singer wants a "voluntary" conservatorship, which means she "wishes to exercise her right to nominate a conservator of the estate" and is "substantially unable to manage her financial resources."

In the filing, Spears suggested Bessemer Trust Company of California, N.A., to be her conservator. If granted as in her best interest, the wealth management and investment advisory firm would be in charge of Spears' finances and control the power of attorney for her medical health decisions and career.

Britney Spears; Jamie Spears
Kevin Mazur/WireImage; VALERIE MACON/AFP/Getty

"Britney is strongly opposed to her father continuing as sole conservator of her estate. Rather, without in any way waiving her right to seek termination of this conservatorship in the future, she strongly prefers to have a qualified corporate fiduciary appointed to serve in this role," the papers state.

Spears also said she wants the trust to have the "power and authorization to pursue opportunities related to professional commitments and activities including but not limited to performing, recording, videos, tours, TV shows, and other similar activities as long as they are approved by the conservator of the person and [her] medical team."

In separate documents, also obtained by PEOPLE, the star's mother, Lynne Spears, supported the nomination of Bessemer Trust Company to serve as the conservator over her daughter's estate.

Britney Spears
Jordan Strauss/Invision/AP/Shutterstock

Elsewhere in the documents, Spears and her legal team make it clear that she does not have a developmental disability and is currently not a "patient in or on leave of absence from a state institution under the jurisdiction of the California Department of State Hospitals or the California Department of Developmental Services."

Spears' conservatorship was first placed in 2008 with her father being named the permanent conservator of her affairs and attorney Andrew Wallet the permanent co-conservator of her estate. After Jamie stepped down due to health reasons in September 2019, Jodi Montgomery was named temporary conservator.

Meanwhile, on Wednesday, attorney Ingham filed new court documents, asking the judge to deny Jamie's motions to seal parts of the ongoing conservatorship case. Instead of making proceedings private, Britney and her legal team want to make the case "transparent" with her fans.

"Britney strongly believes it is consistent not only with her personal best interests but also with good public policy generally that the decision to appoint a new conservator of her estate be made in as open and transparent a manner as possible," Ingham's opposition filing says. Jamie's motion "is supposedly being brought by her father to 'protect' Britney's interests, but she is adamantly opposed to it."

Furthermore, Ingham says Britney is requesting the conservatorship case be made public as confidential financial information is "already protected" and "there are no medical issues at all in a conservatorship of the estate, nor are her children [sons Jayden, 13, and Preston, 14] involved in any way."

Britney Spears and father Jamie
Chris Farina/Corbis/Getty

The filing on Wednesday also cites Jamie's recent New York Post interview, in which he said: "It's up to the Court of California to decide what's best for my daughter. It's no one else's business." In response, Ingham objected to Jamie's public comment regarding the conservatorship case despite his motions to keep it private.

"At this point in her life when she is trying to regain some measure of personal autonomy, Britney welcomes and appreciates the informed support of her many fans," the filing states. "Britney herself is vehemently opposed to this effort by her father to keep her legal struggle hidden away in the closet as a family secret."

In conclusion, Ingham said, "The moment that James obtained from this Court the power to handle Britney's affairs on her behalf, he surrendered a large measure of privacy as to the manner in which he exercises that power. Transparency is an essential component in order for this Court to earn and retain the public's confidence with respect to protective proceedings like this one. In this case, it is not an exaggeration to say that the whole world is watching."

A hearing for Spears' voluntary conservatorship request is scheduled for Nov. 10.

Full Article & Source:
Britney Spears Calls Conservatorship 'Voluntary' as She Files for Case to Be Open to the Public

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Britney Spears

Nursing home deaths: NJ lawmakers approve reforms but not investigation

by Michael Symons

TRENTON — Nine bills that would affect long-term care facilities in New Jersey, which are connected to half of the confirmed COVID-19 deaths in the state, were approved Thursday by the Senate or Assembly, including four now on Gov. Phil Murphy’s desk.

They include a state emergency operations center, raises for certified nursing assistants and staffing requirements and a task force to consider future changes. The bills derived from an investigation the Murphy administration commissioned that was done by Manatt Health.

State Sen. Joseph Vitale, D-Middlesex, said the legislation is needed to ensure long-term care facilities are better prepared for outbreaks – an upgrade that officials thought they had directed through laws put in place after a 2018 viral outbreak at the Wanaque Center for Nursing and Rehabilitation.

“Clearly somewhere along the line, there is failure. And I believe that needlessly, more people died than needed to during this pandemic,” Vitale said.

Vitale said clearly some nursing home residents would have died due to COVID-19 regardless – but that the toll in nursing homes now exceeding 7,070 clearly deserves a response.

“The amount that passed in our long-term care facilities and nursing homes and in our veterans’ homes in my view is unacceptable. And there ought to be accountability,” he said.

State Sen. Joseph Pennacchio, R-Morris, said the Legislature should further investigate why so many died from coronavirus in New Jersey nursing homes and that the U.S. Department of Justice is now asking similar questions.

“Moments of silence is great, but we can honor those that died by having a special select committee with subpoena powers,” Pennacchio said.

Democrats blocked a vote on his attempt to force the Senate to take up such a bill.

Assemblywoman Valerie Vainieri Huttle, D-Bergen, said New Jersey was the coronavirus epicenter in the United States in the spring and that long-term care facilities bore the brunt.

“COVID-19 truly has exposed the gaping holes in our state’s long-term care infrastructure, and this legislation is a critical component in filling in those cracks.”

Most of the bills advanced with widespread support. The biggest exception was one paying certified nursing assistants $3 more an hour, which Assemblyman Brian Bergen, R-Morris, said will lead to a shortage of home health aides.

It also requires facilities to spend 90% of their funds on direct patient care.

“The experts have said it’s mathematically impossible to do it,” Bergen said. “So not only is it not possible, ladies and gentlemen, but it’s not right. This is a government overreach into private business.”

Only about one-third of the package of bills made it to Murphy Thursday. Another third passed the Senate but not the Assembly, and the other third is still stuck in committees.

The following bills were approved and sent to Murphy:

• S2758/A4482: Establish minimum wage requirements for certain long-term care facility staff, establish a direct care ratio requirement for nursing homes and require DHS to conduct a nursing home care rate study.
• S2787/A4481: Establish New Jersey Task Force on Long-Term Care Quality and Safety, which would develop recommendations to drive improvements in person-centered care, resident and staff safety, quality of care and services, workforce engagement and sustainability and any other appropriate aspects of the long-term system of care in New Jersey.
• S2790/A4476: Establish certain requirements concerning the state’s preparedness and response to infectious disease outbreaks, epidemics, and pandemics affecting long-term care facilities. The bill would establish the Long-Term Care Emergency Operations Center in the Department of Health, which would serve as the centralized command for long-term care facility response efforts and communications during declared public health emergencies.
• S2813/A4547: Establish a temporary rate adjustment for nursing facilities to support wage increases and to cover costs related to COVID-19 preparedness. The bill would make a one-time appropriation of $62.3 million from the General Fund to the Department of Human Services for the purpose of implementing the bill.

The Senate also passed the following bills:

• S537:Establish certain minimum and maximum temperatures in emergency shelters, rooming and boarding houses, and certain nursing homes and residential health care facilities.
• S2785: Require long-term care facilities to adopt and implement written policies, provide for the practical availability of technology to facility residents and ensure that appropriate staff and other capabilities are in place, to prevent the social isolation of facility residents.
• S2786: Allow per diem health care workers working within long-term care facilities to accrue paid sick leave.
• S2788: Provide supplemental payments to long-term care facility staff providing direct care services during COVID-19 pandemic.
• S2798: Establish uniform requirements on the submission of outbreak response plans to DOH by long-term care facilities.

Full Article & Source:
Nursing home deaths: NJ lawmakers approve reforms but not investigation

Hidden camera allegedly captured caregiver striking 91-year-old bedridden woman 150 times

By Mary Stringini

Rima Abikaram, 50

COSTA MESA, Calif. - A hidden camera allegedly captured a caregiver striking a 91-year-old bedridden woman more than 150 times over a 4-day period, Costa Mesa Police said Thursday.

Rima Abikaram, 50, Fullerton, was arrested on Tuesday on suspicion of elder abuse after she was caught on camera striking 91-year-old "Jane Doe" while in her care.

In 2015, Abikaram, a friend of the victim’s family, was hired as one of two caregivers to provide 24-hour care for the 91-year-old woman, who lives in her Costa Mesa home and is confined to a medical bed.

Prior to the arrest, the second caregiver became concerned for the victim after noticing "Jane Doe" had sustained visible injuries and reported her concerns to the victim’s family.

After that, police said that the family installed a hidden camera in the home to monitor the victim’s care. Ultimately, the hidden camera revealed Abikaram abusing and striking the victim.

After the victim's family fired Abikaram as a caregiver on August 18, they called CMPD to report the elder abuse.

During the investigation, video footage was reviewed and it was found that over a 4-day period, Abikaram struck the victim over 150 times. Medical reports showed the victim's injuries included swelling to her face, a black eye, and a laceration to her arm.

On Sept. 1, Abikaram was located at her home and arrested without incident. The case was then turned over to the Orange County District Attorney’s Office.

Full Article & Source:
Hidden camera allegedly captured caregiver striking 91-year-old bedridden woman 150 times

State caseworker arrested on 10 counts of elder exploitation

The man had been employed as an Adult Protective Services caseworker with the Georgia Department of Human Services

by Jason Braverman (11Alive)

TOCCOA, Ga. — The Georgia Bureau of Investigation arrested an Athens man Wednesday on 10 counts of elder exploitation, they said.

Ronald Thomas, 49, of Athens, Georgia, was booked into the Stephens County Detention Center.
 

Thomas was employed as an Adult Protective Services (APS) caseworker with the Georgia Department of Human Services at the time of the crimes, the GBI said.

On Aug. 21, the Toccoa Police Department requested that the GBI investigate the exploitation of an elderly citizen.

During that investigation, they said agents learned that Thomas was the caseworker assigned to the victim in the case. And, through that role, he was able to steal money from the victim.

The GBI said crimes were committed by Thomas in Union, Stephens, and Clarke counties. 

Full Article & Source:
State caseworker arrested on 10 counts of elder exploitation

Father, son sentenced in death of disabled Missouri man

JEFFERSON CITY, Mo. (AP) -- A Missouri father and son have been sentenced in federal court for their roles in the death of a developmentally disabled man and covering up his death.

Anthony Flores was sentenced Wednesday to about 15.5 years in federal prison for failing to provide Carl DeBrodie with medical care.

DeBrodie's body was found encased in concrete in April 2017 in Fulton.

Authorities believe he died months earlier.

Flores' son, Anthony R.K. Flores, was sentenced later Wednesday to three years of probation for helping to cover up DeBrodie's death by lying to authorities.

Sherry Paulo, the men's wife and mother, led the scheme and was sentenced Tuesday to 17.5 years in jail.

Full Article & Source:
Father, son sentenced in death of disabled Missouri man

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Former guardian not eligible to bring DeBrodie lawsuit, judge rules

Carl DeBrodie was killed by injuries from forced fighting, court documents reveal graphic details

Carl DeBrodie case: Family attorney says the charges didn't surprise him

Florida long-term care residents can have visitors -- and hugs -- again

Wife of Alzheimer’s Disease patient worked on task force to re-establish visitations

Click to Watch Video

JACKSONVILLE, Fla. – A Florida woman who took a job as a dishwasher at her husband’s memory-care center to be able to see him during the COVID-19 shutdown said she is putting in her two weeks notice after the state task force that she is part of came up with safeguards to protect long-term care facilities while also allowing visitors to see their family members.

During an emotional news conference Tuesday, Mary Daniel, 57, of Jacksonville, and other members of the Florida long-term care facility task force described how family members will be able to see their loved ones in person at long-term care families, including nursing homes and assisted-living centers, for the first time in nearly six months due to the pandemic.

“I’m turning in my two weeks notice,” Daniel said with a laugh. “I’m going back to being just a wife.”

Daniel took a job at RoseCastle at Deerwood in Jacksonville to see her husband, Steve, 66 who has early onset Alzheimer’s Disease. Her story made national news and caught the attention of Gov. Ron DeSantis who asked her to join a group to spearhead a way forward to allowing families to be reunited again.

According to the rules laid out by the task force on Tuesday, residents at long-term care centers can receive up to five scheduled visitors as well as see people who provide essential and compassionate care. Essential caregivers are those who provide health care services or help with daily life, including dressing and eating, while compassionate care visitors provide emotional support.

“As we look at that role and how important it is, we think about mental health and everything we do in supporting individuals, and because we have such a high percentage of individuals in our long-term care facilities who are suffering from depression (and) dementia that emotional support is critical to their quality of life to their health,” Agency for Health Care Administration Secretary Mary Mayhew said.

Daniel said she fought hard for compassionate care visitors to be able to hug residents. While general visitors will have to maintain social distancing during their time with family, certain designated visitors will be able to physically interact with them.

“It’s going to be needed as essential caregivers. That’s exactly what we’re going to do. We will be able to, as caregivers, will be able to touch them, will be able to rub their back, will be able to hold their hand,” Daniel said.

She said residents at these facilities are desperate for physical and emotional contact. Daniel described one woman at her husband’s care center who sought that emotional connection, recently.

“As I was directing her back to a room, I was leaving my dishwashing job, and I said ’Come on in here, let’s get to your room,’ and she turned around and looked at me and said, ’Will you give me a hug?’ Daniel recalled. “I almost didn’t do it. I thought for a second. ’Oh, I might get in trouble.’ I had a mask on, and I did I gave her a hug. And I said earlier, it may be one of the best hugs I’ve ever given.”

DeSantis laid out the other rules for visitors established by the task force.

Everyone must where personal protective equipment, including masks, and will be screened before entering the facility. The health screening will include a temperature check but also people will be asked about symptoms and what their recent activity has been prior to the visit.

“Have you been to ... a crowded private event or something like that recently and so that is a really good way to be able to try to identify anybody who may be asymptomatic,” DeSantis said.

All visitations will be by appointment and long-term care residents can designate up to five visitors, with two at a time seeing someone. These visitors will not include children, according to the governor, but he said that may change in the near future.

“We’ll see how this goes but I, personally, would be very comfortable with minors,” DeSantis said. “I think if you look at the way the transmission has typically gone, when every time they do sequencing studies, it’s usually the adult infecting the minor rather than the minor infecting the adult. Now, obviously, a 17-year-old would be more likely to spread than a 7-year-old.”

There are also rules for facilities before they can allow visitors. No facility can allow visitors unless 14 days have passed without the onset of a new positive case in either a resident or staff member. Essential and compassionate care visitors are exempt from the 14-day rule, according to the governor.

Mayhew said the current positivity rate for COVID-19 infections among long-term care staff is about 1.2%. Medical experts agree the rate should be below 10% or even 5% to for two weeks to show a decline in new cases.

“We have seen over a 30% reduction in the number of residents who are currently positive for COVID,” Mayhew said. “Again, (a) dramatic reduction from the peak, slightly over 3,000 individuals out of 154,000 individuals who are residing in our nursing homes and assisted living facilities.”

Full Article & Source:
Florida long-term care residents can have visitors -- and hugs -- again

Judge dismisses AdventHealth from lawsuit by family of man at center of guardianship scandal — for now

Steven Stryker, seen here during his time working for the Environmental Protection Agency, according to his daughter. Stryker died while under the care of Rebecca Fierle, who according to investigators filed a "do not resuscitate order against Stryker's wishes. (Courtesy of Kim Stryker)

By Monivette Cordeiro

A judge has dismissed AdventHealth Orlando from a lawsuit filed by the family of a man who died under the care of a private guardian paid by the hospital company, finding that the plaintiffs failed to comply with Florida’s medical negligence claim requirements.

Robin Treto, one of the attorneys representing the family of 75-year-old Navy veteran Steven Stryker, called the dismissal filed Monday “temporary.”

“We’ll be able to resume claims against AdventHealth in a few months,” he said.

Stryker died May 2019 at St. Joseph’s Hospital after medical staff were unable to attempt to save his life because former guardian Rebecca Fierle signed a “do not resuscitate” order against his wishes and the protests of his daughter, health-care surrogate and psychiatrist.

His death sparked a statewide scandal that led to reforms of Florida’s troubled guardianship system and landed Fierle behind bars on charges of aggravated abuse and neglect of an elderly person.

Stryker was a patient at AdventHealth in 2018 when the hospital asked a judge to declare him incapacitated and appoint Fierle to make all medical, financial, housing, legal and personal decisions instead of his chosen health-care surrogate and friend, Linda Lanier.

Lanier has told the Orlando Sentinel that AdventHealth seemed determined to put Stryker into guardianship and get him discharged from the hospital, despite her efforts to find him a new place to live.

Without the required court approval, Fierle billed AdventHealth for providing services to Stryker and nearly 700 other vulnerable patients over a decade — to the tune of nearly $4 million, according to an audit by the office of Orange County Comptroller Phil Diamond.

Months later at St. Joseph’s, Fierle authorized a DNR order on behalf of Stryker and insisted his feeding tube be capped, despite Stryker stating “several times” he wanted to live and medical staff warning her he could choke and die, according to the Florida Department of Law Enforcement.

Stryker aspirated and went into cardiac arrest, according to the lawsuit. He died May 13.

The lawsuit filed against Fierle and AdventHealth by Kimberly Stryker, the man’s daughter who is in charge of his estate, alleged negligence in her father’s care.

“Rebecca Fierle’s negligence, neglect, abuse, and exploitation of Steven Stryker caused his death,” the lawsuit said. “AdventHealth created, facilitated, and funded the guardianship relationship between Rebecca Fierle and Steven Stryker and is therefore responsible for the actions that led to Mr. Stryker’s death.”

The hospital company argued the complaint is actually a medical negligence claim. Florida law requires that, before filing such a lawsuit, claimants have to conduct an investigation to find “reasonable grounds” for the suit with a corroborating opinion by a medical expert, as well as give 90 days notice to the defendants.

AdventHealth said there are “no allegations” that it played a role in Fierle’s decision to authorize a DNR order on Stryker or that it exercised control over his care after he was discharged from the hospital, court records show.

Treto had argued the claim was not a medical negligence claim because Fierle is not a health care provider like a doctor or surgeon.

“What Rebecca Fierle did and the relationship she had [with AdventHealth], none of that is diagnosed as care or treatment,” he said. “We’re saying they’re ordinary negligence claims.”

When reached for comment, AdventHealth spokesman Bryan Malenius said the hospital company would “continue to respond as appropriate in court.”

Full Article & Source:
Judge dismisses AdventHealth from lawsuit by family of man at center of guardianship scandal — for now

See Also:
Ex-guardian Rebecca Fierle may not stand trial in ward’s death until 2021, attorney says

Ex-guardian Rebecca Fierle asks judge to pause lawsuit by family of man who died under DNR

Marion deputies release video of arrest of former Florida guardian Rebecca Fierle

Attorney General Ashley Moody fires back at embattled former Florida guardian

Guardian at center of Florida scandal appeals judge’s ruling that she broke state rules by misusing DNRs

Ex-guardian Rebecca Fierle charged Altamonte Springs facility $100K, illegally pocketed refunds, investigation finds

Florida Elder Affairs chief announces ‘immediate’ changes as embattled Orlando guardian Rebecca Fierle resigns from all cases

Florida professional guardian Rebecca Fierle: Devoted or dangerous? | Exclusive

Cremated remains of 9 people found at Orlando office of disgraced former guardian Rebecca Fierle

Expert’s complaint against Florida guardian Rebecca Fierle was ignored for years before scandal erupted | Exclusive

Orlando guardian accused of filing unauthorized ‘do not resuscitate’ orders resigns from Seminole cases

Watchdog: In Short Hearing, Fierle Given Guardianship Over Patient

Judge releases confidential information to authorities investigating former Orlando guardian Rebecca Fierle