Saturday, July 9, 2022

'It's very sad': Investigator breaks down Navarre woman's elderly exploitation case

by Olivia Iverson

OKALOOSA COUNTY, Fla. -- An Okaloosa County Sheriff's Office investigator is giving more insight into the arrest of a Navarre woman for allegedly defrauding a 99-year-old woman out of over half-a-million dollars.

The sheriff’s office arrested 45-year-old Sheena Russell Wednesday night. She's charged with theft over $100,000, organized scheme to defraud more than $50,000 and elderly exploitation.

Russell is out of jail on $60,000 bond.

They say the money she took from the elderly woman was used on mortgage payments, a car, several vacations and more.

The investigation began six months ago with a call from the victim’s brother after he noticed some things wrong and missing from his sister's finances.

“In this case, I did not see anything going back to the victim," Michael Kruger, senior investigator with the Okaloosa County Sheriff’s Office said. "It was going to the suspect only.”

The Okaloosa County Sheriff’s Office says Russell met the woman while waitressing at a Fort Walton Beach restaurant.

"Russell, who knew the victim and her late husband for a number of years...started doing errands for the victim after her husband passed away," deputies said in a Facebook post.

From March 30, 2020, to September 22, 2021, investigators say Russell stole $582,647 from the woman's trust and bank accounts.

According to deputies, $132,543 went to paying off her mortgage, buying a vehicle and funding trips to Walt Disney World, Pigeon Forge Tennessee, the Atlantis Resort in the Bahamas, Washington, D.C. and Utah.

Other expenses were used for personal day-to-day purchases, including shopping and restaurants.

“It’s very sad because these elderly people are being taken advantage of," Kruger said.

Channel 3 went to the address listed on Russell's jail records Thursday afternoon to get her side. A man answered the door, asking Channel 3 to leave.

While the sheriff’s office says the woman didn’t give Russell consent to withdraw or transfer her money, Russell allegedly told investigators it was a joint business venture.

Unfortunately, Kruger says the victim in this case isn’t alone.

"Really we saw a big uptick [of elderly exploitation] during COVID," Kruger said. "I think a lot of that had to do with people being stuck at home, unable to talk to other people. And a lot of the elderly people that don’t have any other relationships, these people calling them over the phone become a friend, they become a family member."

Investigators say the elderly woman now lives out-of-state in an assisted living facility. They hope she can continue to help them with the investigation and prosecution of this case.


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Attorney Runs Law Practice While Locked Up In Jail, Gets Disbarred For His Efforts

He gave 'new meaning to the term ‘jailhouse lawyer.’'

 
By Kathryn Rubino 

Attorney Jay Silvernail was disbarred by the Oklahoma Supreme Court. In 2019, he was convicted of assault and battery with a deadly weapon for shooting a man in front of an Oklahoma City nightclub. But that wasn’t the reason — or at least not the full reason — he’s getting the boot from the profession. That ignominious distinction occurred because, post-conviction and pre-sentencing, while waiting in jail, Silvernail continued to run his law practice.

The Oklahoma Supreme cheekily referred to Silvernail as giving “new meaning to the term ‘jailhouse lawyer.’”

Nice.

The court noted Silvernail “was more interested in cash flow than client care,” and “placed his own financial interests above the interests of his clients by trying to keep his practice on life support while he awaited sentencing.”

And it wasn’t like his jailing was a surprise — the charges against him were filed three years prior, in 2016, when the shooting occurred. But, as has been reported, his plan for his practice was to operate “vicariously, as a sort of general manager” while finding other attorneys to cover appearances. As you might imagine, the Oklahoma Supreme Court thinks that’s… less than an ideal way to run a practice:

“And yet, for more than three years, Silvernail apparently took no steps to prepare for that contingency,” the state supreme court said.

Silvernail thought that as long as he could find lawyers to stand in for him at hearings, “he could operate his practice vicariously, as a sort of general manager,” the Oklahoma Supreme Court said. But it was not a good idea.

“The obstacles to effective representation from a jail cell should be obvious,” the state supreme court said. “As an inmate, Silvernail was unable to confer with clients confidentially. He was unable to communicate freely with prosecutors or other opposing counsel about his clients’ cases. He was obviously unable to appear in court on his clients’ behalf. His ability to access legal resources, a computer or even his own clients’ files was hampered, to say the least. Finally, practicing law from a jail cell arguably gives the appearance of impropriety. These conditions would have prompted a reasonable attorney to take a different tack.”

Plus, in opting for disbarment, the court noted his decision to carry a loaded weapon to a verbal dispute “gives us grave concerns about his fitness to practice law,” and Silvernail “resorted to deadly force in circumstances that did not justify such a response.”

And now there’s one less attorney in the profession.

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Lenoir Woman Charged With Exploitation


57-year-old Angela Nelson Greer of Fire Station Lane in Lenoir was arrested Wednesday (July 6) by Caldwell County Sheriff’s Officers. She’s charged with felony exploitation of a disabled or elderly person. Greer was released on $3,000 secured bond. A District Court appearance was scheduled today (July 7).
 
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Friday, July 8, 2022

Katherine Jackson reportedly being blocked from seeing grandchildren by other family members

By Jessica Wedemeyer

The Jackson family drama continues.

TMZ reports that members of the Jackson clan are blocking matriarch Katherine Jackson from seeing her grandchildren — the late Michael Jackson's kids: Prince Michael Jackson, Blanket Jackson and Paris Jackson — as part of an ongoing elder abuse lawsuit against her nephew-in-law, Trent Jackson, that has the family divided.

According to TMZ sources connected to the Jacksons, Michael's kids were not told that their grandmother had returned to Los Angeles from London on March 29 after two months away "out of fear they'll reprogram [her] and derail her legal battle with Trent Jackson."

(TMZ adds that when Katherine arrived at LAX Airport, her daughter Rebbie Jackson "desperately" tried to block their cameras.)

Other sources connected to the family have reportedly told the website that Katherine was secretly taken to the home of one of her children instead of to her own home.

She's back in L.A. to testify against Trent, who has accused Rebbie and Jermaine Jackson of masterminding the elder abuse lawsuit against him in an attempt to gain control of their mother's wealth.

TMZ sources say that Trent's camp thinks Rebbie and Jermaine are worried that Paris and Prince will encourage their grandmother to drop the lawsuit.

Back in 2012 when Katherine was suddenly whisked away to Arizona for two weeks, Paris accused Jermaine and other members of the family of kidnapping her.

"I haven't spoken with her in a week I want her home now," the burgeoning model-actress tweeted at the time.

"I will defend my beloved family member with all I have, even if it means from other family members," she added.

TMZ concludes that its sources believe the fact that Katherine still hasn't seen Paris or her siblings is "a strong sign someone doesn't want a repeat of 2012."

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U.S. Attorney’s Office Joins Plaza Tower Tenants to Combat Elder Financial Abuse

TYLER, Texas – The U.S. Attorney’s Office is promoting World Elder Abuse Awareness in conjunction with the Department of Justice’s Elder Justice Initiative to help seniors in the Eastern District of Texas avoid falling victim to financial exploitation, announced U.S. Attorney Brit Featherston.

The U.S. Attorney’s Office is participating in events through the summer to provide educational programming to seniors such as a presentation provided to tenants of the Plaza Tower in downtown Tyler.  Assistant U. S. Attorney Nathaniel Kummerfeld was joined by U.S. Secret Service agents this morning to discuss prevalent fraud schemes targeting seniors and how to avoid them.  Attendees were also provided with tips for recognizing and avoiding scams and resources for reporting.

“Although we prosecute dozens of scammers each year, there are hundreds, if not thousands more we never know about,” said U.S. Attorney Brit Featherston.  “Scammers are particularly skilled at tricking victims, often causing the victim to be embarrassed when they realize they have been duped and not report the crime.  By educating our seniors we hope to spare them from this heartache.  Preventing this crime is a lot easier than trying to investigate and get back the money!”

In the last few months, similar programs were provided at a local Rotary Club and the Hamptons of Tyler.  Groups or organizations that are interested in securing a speaker for their event should contact Division Chief Mary Ann Cozby at 903-590-1400.

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).  This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps.  Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis.  Reporting is the first step.  Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses.  The hotline is staffed 10am-6pm Eastern Time, Monday-Friday. English, Spanish, and other languages are available.

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Oklahoma man sentenced to probation for misusing funds of woman living in Willmar care facility

By Mark Wasson

WILLMAR — An Oklahoma man was sentenced Jan. 10 in Kandiyohi County District Court to three years of probation for stealing thousands of dollars from a woman for whom he makes health care and financial decisions.

Kevin Wayne Jelley, 57, of Broken Arrow, Oklahoma, was charged with felony financial exploitation of a vulnerable adult — breach of fiduciary obligation by failing to provide care. He pleaded guilty Monday and was given a stay of adjudication by District Judge David Mennis.

A stay of adjudication means that the charge will eventually be dismissed if the terms of the stay are met.

As part of his unsupervised probation, Jelley will owe a Willmar care facility $33,130.30 for unpaid services and he cannot act as a fiduciary, guardian or serve in a conservatorship role during the probationary period.

According to the criminal complaint, Jelley holds the legal power of attorney for a woman who is a resident of a care facility in Willmar. An administrator there told a Kandiyohi County Health and Human Services employee who works in adult protection that about $29,000 is owed on the woman's account.

She receives Medical Assistance funds, which are supposed to be used to pay the facility for services.

Jelley has a joint bank account with her where the funds are supposed to be deposited.

Jelley allegedly told the administrator, and later law enforcement, that he and his wife lost their jobs during the pandemic and he used the money meant for the woman's care to pay bills and "live on."

Jelley stopped making payments to the care facility in August 2019.

After being confronted by a facility administrator about the lack of payment and being told that further lack of payment would lead to the woman being discharged from the facility, Jelley did make a one-month payment in February 2021.

A law enforcement review of the bank accounts held by Jelley and the woman showed a recurring monthly credit to a joint checking account of between $1,600 and $1,800, which appears to be the Medical Assistance payments.

From August 2019, when Jelley stopped making payments to the care facility, through March 2021, there are multiple purchase transactions from Target, Walmart and Starbucks, money transfers to an account in Jelley's name and ATM cash withdrawals from the joint checking account. 

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Thursday, July 7, 2022

U.S. funeral home owner who sold body parts pleads guilty to fraud

FILE PHOTO: Megan Hess, owner of Donor Services, is pictured during an interview in Montrose

By John Shiffman

(Reuters) - A former Colorado funeral home owner pleaded guilty on Tuesday to a federal charge of defrauding relatives of the dead by dissecting their family members' corpses and selling the body parts without permission, a practice exposed in a 2018 Reuters investigative report https://www.reuters.com/investigates/special-report/usa-bodies-funeral.

Megan Hess, who operated a funeral home called Sunset Mesa and a human body parts business called Donor Services from the same building, entered the plea to the charge of fraud at a hearing before U.S. Magistrate Judge Gordon Gallagher in Grand Junction, Colorado. Gallagher scheduled Hess, who had previously pleaded not guilty, to be sentenced in January, with the prosecution calling for 12 to 15 years in prison.

Hess, 45, admitted on Tuesday that through her funeral home, located in the town of Montrose in the western part of the state, she defrauded at least a dozen families seeking cremation services for deceased relatives. Instead of cremating the bodies, court records show, her body broker company harvested heads, spines, arms and legs and then sold them, mostly for surgical training and other educational purposes.

Hess had been scheduled to go on trial in three weeks along with her mother, Shirley Koch, who also previously pleaded not guilty. Koch's change-of-plea hearing is set for July 12.

After Assistant U.S. Attorney Jeremy Chaffin made his sentencing recommendation, the lawyer for Hess, Dan Shaffer, urged a lighter sentence of about two years in prison. Hess has been free on bond since her arrest.

During the hearing, the judge asked Hess to describe in her own words the crimes she committed. Hess initially called the whole affair a "legal travesty." When prodded by the judge, Hess agreed with the prosecution that she defrauded her victims, though she declined to go into detail.

Two family members and one friend of deceased people whose body parts were sold without permission by Hess spoke at the hearing. They told the judge that while they were still emotionally reeling from the episode and wanted to learn more details about what occurred, they welcomed the news that Hess had decided to plead guilty.

To increase sales, Hess targeted poor and vulnerable families as they grappled with a relative's final days, according to government court filings.

"Meeting with hospice on the 4th ... opening the floodgates of donors," Hess wrote to a prospective body-part buyer in 2014. "They have four or five deaths a day. Get ready!!!! ... How about a deal on full embalmed spines ... $950?"

Selling organs such as hearts, kidneys and tendons for transplant is illegal in the United States. But the sale of cadavers and body parts for use in research or education, which is what Hess did, is not regulated by federal law.

Few state laws provide any regulation, and almost anyone, regardless of expertise, can dissect and sell human body parts. After the Reuters 2018 investigation, Colorado's legislature strengthened the state's oversight.

Hess charged families up to $1,000 for cremations that never occurred, prosecutors said, and she also offered others a free cremation in exchange for a body donation. Many families received ashes from bins mixed with the remains of different cadavers, authorities said, and one client received concrete mix instead of a relative's ashes.

FBI agents found that Hess forged dozens of body-donor consent forms. In court documents, a former employee accused Hess of earning $40,000 by extracting and selling the gold teeth of some of the deceased, an allegation first revealed in the 2018 Reuters report.

The Reuters series https://www.reuters.com/investigates/section/usa-bodies uncovered the actions of Sunset Mesa and Donor Services. Former workers told Reuters about questionable practices at the facility, including the dismembering of bodies without the knowledge or consent of families.

About a month after the Reuters stories, the FBI raided the site and state regulators shuttered the funeral home and crematory. A federal grand jury indicted Hess and Koch in 2020.

(Reporting by John Shiffman in Washington; Editing by Will Dunham)

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Kingsport attorney permanently disbarred

by: Slater Teague

NASHVILLE, Tenn. (WJHL) — A Kingsport lawyer who was indicted on felony charges has been banned from practicing law in Tennessee.

The Tennessee Supreme Court permanently disbarred attorney Jason Ray McLellan effective Wednesday. According to the court’s Board of Professional Responsibility, McLellan consented to his disbarment because he could not successfully defend the accusations made against him. 

A Sullivan County grand jury indicted McLellan in December on felony charges of financial exploitation of an elderly or vulnerable person and theft of property, according to court documents. The indictments accuse him of financially exploiting a 78-year-old woman by “making numerous monetary transactions to himself totaling $341,193.23” from an estate without the effective consent of the estate’s representative.

Both charges are Class A felonies.

Court documents show that McLellan was arraigned and pleaded not guilty in January. The status of the case is unclear.

The Board of Professional Responsibility outlined multiple accusations against McLellan in an announcement Wednesday.“

In the pending disciplinary matters, Mr. McLellan misappropriated estate funds in the representation of a client and attempted to conceal the misappropriation, made misrepresentations to a court, engaged in conduct involving dishonesty, fraud, deceit, and misrepresentation, failed to abide by a client’s decision regarding the dismissal of a pending lawsuit, failed to reasonably consult with a client about the means by which the client’s objectives were to be accomplished, and failed to obtain the client’s informed consent before taking action. He also failed to keep client information confidential, failed to withdraw after a conflict of interest developed, allowed a third person to direct his professional judgement, failed to comply with his ethical requirements upon discharge from representation, and failed to comply with the requirements of a suspended attorney. Finally he failed to comply with court orders, and failed to respond to disciplinary complaints.” 

--Board of Professional Responsibility of the Tennessee Supreme Court

In addition to being disbarred, McLellan was ordered to reimburse the Tennessee Lawyers Fund for Client Protection for any money paid to claimants “for losses caused by one or more of Mr. McLellan’s ethical violations.”

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Man accused of beating disabled sister to death


A 70-year-old Missouri man who was frustrated about having to care about his disabled sister allegedly fatally beat her. Authorities say it happened in an unincorporated outside of St. Louis.

Anthony Sokolich called for help for his unresponsive sister on Sunday according to the St. Louis County Police Department.

Officers found Katherine Sokolich, 63, with serious injuries to her face.  EMS took her to a hospital with a brain bleed.

"The defendant subsequently admitted to striking her multiple times prior to her being unresponsive," police said in a statement.

Police said Anthony Sokolich was arrested and charged with felony assault.

His sister later died at the hospital, and police said they expected his charges to be upgraded.

No attorney was listed for Sokolich in online court records.

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