UnitedHealth faces probes of nursing home, Medicare pay

by John Roszkowski 

UnitedHealth Group is facing legal challenges on multiple fronts, including federal investigations into its Medicare billing practices and calls for a congressional investigation into its nursing home payment practices.

The healthcare insurance giant confirmed in late July it is the subject of criminal and civil investigations into its Medicare billing practices by the US Department of Justice and denied any allegations of wrongdoing.

The company said it reached out to the DOJ after reviewing media reports about investigations of its Medicare billing practices and has begun complying with formal civil and criminal requests from the department.

“The company has full confidence in its practices and is committed to working cooperatively with the department throughout this process,” UnitedHealth Group said in a statement provided to McKnight’s LongTerm Care News. “The company has a long record of responsible conduct and effective compliance.”

Meanwhile, two high-ranking US Senators, Ron Wyden (D-OR) and Elizabeth Warren (D-MA), have called for a “major” investigation into the company’s nursing home business practices.

In a letter, Wyden and Warren cited “aggressive” strategies by the company to lower nursing home costs, including allegations the company off ered incentives to facilities to avoid medically necessary hospital transfers of residents.

The company responded in a statement that it had received the senators’ letter and said the allegations stem from a media report that “misrepresents” its I-SNP Medicare Advantage program for skilled nursing residents.

“We stand firmly behind the integrity of our I-SNP program, which consistently receives high satisfaction marks,” the company statement said. “The US Department of Justice extensively reviewed these allegations and found no evidence of wrongdoing.” 

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UnitedHealth faces probes of nursing home, Medicare pay 

I think my brother stole $40K from my mom, who passed away in 2022. I think her financial adviser helped him. But how do I prove the adviser ‘was in cahoots’ with my brother?

By Alisa Wolfson 

Question: “My mom passed away in 2022, and I believe the financial adviser helped my brother steal my mother’s money. In addition to being the only family member who knew the adviser, my brother was my mom’s power of attorney at one point. After my mom revoked it, my aunt promised to be unbiased but ended up being manipulated by my brother. The last amount he stole from her was $40K, when he told my aunt he would kill himself if he didn’t have the funds.

I was my mom’s sole caregiver and the only medical document stating she couldn’t make any decisions was written two years before she passed away at which point I had become her power of attorney. I wrote to the adviser asking for proof of where my mom’s money was but never got a response. My hands were full taking care of my mother’s basic needs and I promised her I would try to get the information about her money.

The financial adviser said she was told not to speak to me, which I believe came from my brother wanting to get away with stealing. How should I go about looking into this adviser to see if they have other claims filed against them? This adviser should not be handling anyone’s money but I don’t know how to prove that she was in cahoots with my brother. Who should I work with going forward to handle what’s left of my mother’s money?”

Answer: This is an extremely fraught situation, and pros say you may want to engage an attorney — and in the future may want to get a financial planner like a CFP who must act as a fiduciary. (You can use this free tool from our partner SmartAsset to match you to fiduciary advisers, as well as sites like CFP Board and NAPFA.)

But before we get into all of that, your top priority right now should be to preserve records and evidence, says certified financial planner and certified public accountant Robert Persichitte, who used to work as a fraud examiner and probate auditor. “Document everything that happens in a single file or journal. Every interaction, especially phone calls and in-person interactions need to have a time, date, location, who attended and what was discussed. You should include as much detail as possible and follow up to get a confirmation in writing,” says Persichitte. Even though this happened a few years ago, it would behoove you to go back and find emails, text messages and any other evidence of communication or correspondence.

Unfortunately, it sounds like you can’t access all the information you need right now — and usually, the first step to establish your right to access the information is by providing a copy of the power of attorney and whatever else may be required by the firm. “However, since your mom has passed and the power of attorney is no longer valid, the named executor, personal representative or attorney who handled your mom’s estate would need to request the past financial statements to review for any suspicious activity,” says Michael E. DeMassa, a certified financial planner at Forza Wealth Management.

Financial advisers have a compliance supervisor. If your adviser isn’t returning calls or is unavailable, you should call the main office line and ask to speak with the adviser’s compliance supervisor, says DeMassa. “Be aware that because of privacy policies around client confidentiality, account information can only be given to authorized names associated with the account,” says DeMassa. 

Go ahead and do your homework on this adviser too. “You should check out any financial professionals on FINRA’s BrokerCheck site, which includes disclosures and background information [in addition to] common complaints and issues,” says Persichitte. You can also research the adviser and the firm by consulting the SEC’s Investment Advisor Public DIsclosure site which contains information about credentials, employment history and disclosures concerning disciplinary events, says Gene McGovern, certified financial planner at McGovern Financial Advisors.

Without having all the facts regarding your case, it’s unclear what type of financial adviser your mother had, whether her estate has gone through probate or who currently owns her accounts. “All financial advisers have certain duties they owe to clients. The specific duties depend on whether the person is a registered representative of a broker-dealer or an investment adviser,” says McGovern.

Registered investment advisers have a fiduciary duty to their clients that applies to the entire adviser-client relationship. “Having a fiduciary duty means exercising a duty of care, which is providing advice that is in the client’s best interest and it also means having a duty of loyalty, which obligates the adviser to put the client’s interests ahead of his or her own,” says McGovern.

On the other hand, McGovern says broker-dealers are governed by a lesser suitability standard, as amended and updated by the SEC’s Regulation Best Interest, which requires broker-dealers to act in the best interest of retail customers when making recommendations about securities transactions or investment strategies.

You’ll also want to consider engaging an attorney. “Elder law attorneys specialize in issues affecting seniors, including financial exploitation. They can help you understand your rights and potential legal recourse,” says Allison Donaldson, certified financial planner at HTG Investment Advisors. What’s more, working with a lawyer can help you source any documents you’re legally entitled to. “Power of attorney documents expire at death so you may need to open a probate estate. Both the abuse of a power of attorney and information about the estate fall under the umbrella of probate issues,” says Persichitte.

If you do uncover fraud, notifying law enforcement, adult protective services, FINRA or the SEC and the Attorney General’s office will help trigger an elder financial abuse case. You can also alert the fraud department of your mom’s bank or brokerage company in addition to engaging with a forensic accountant if you need help recovering money and reconstructing a paper trail.

In terms of choosing someone to work with in handling your mother’s money going forward, consider working with a CFP. “These planners have passed a rigorous certification examination, they have a fiduciary obligation to their clients and they must abide by a strict code of ethics and standards of conduct,” says McGovern. You can use this free tool from our partner SmartAsset to match you to fiduciary advisers, as well as sites like CFP Board and NAPFA. 

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I think my brother stole $40K from my mom, who passed away in 2022. I think her financial adviser helped him. But how do I prove the adviser ‘was in cahoots’ with my brother? 

Lawyer accused of selling conservatee house to business partner

by Alex Appel 

A Connecticut conservator is accused of selling the house of one of her conservatees to her business partner.

As a conservator, Kristan Exner is responsible for managing the financial and, in certain cases, personal interests of conservatees, who are adults deemed by a court to be incapable of managing their own affairs. Exner is being accused of abusing that position of power for one of her former conservatees, Barbara Tobin. The allegations were raised by Tobin’s current conservator, Robert Tobin.

Joseph Garin, Exner’s former classmate and the alleged co-owner of a real estate business, bought a house that was previously owned by Barbara while Exner was her conservator, according to court documents filed in the Milford-Orange County Probate Court.

On Oct. 7, attorney Damon Kirschbaum sent a letter to Probate Judge T. R. Rowe asking him to permanently disbar Exner over this allegation, and the allegation that Exner perjured herself by claiming on record that she had not spoken to Garin since 2000, even though they owned a business together. Kirschbaum is representing a man, John Davis, in a lawsuit against Exner that is unrelated to Tobin’s case. Exner is the conservator for Davis’ fiancée.

In the lawsuit about the house sale, Exner is being accused by Robert Tobin of mishandling Barbara’s assets when Exner was her conservator. Specifically, Robert is accusing Exner of arranging to have Barbara’s house sold to Garin “for less than fair market value.”

Exner and Garin allegedly met at the United States Merchant Marine Academy more than two decades ago. In November 2021, they may have formed the real estate company, Mariners Investment LLC. Records from the Business.Ct.Gov website show that the principal owner of Mariners Investment is Joseph Garin, and that the agent is a person named “Kristan Sullivan.” Mariners Investment has the same principal business address as Trident Legal Associates, LLC, which is owned by Kristan Exner.

Robert Tobin alleges that Exner is “almost certainly married to someone named Gregory Sullivan” in the court documents. In the past, Exner has gone by the name Kristan Exner Sullivan. Multiple filings from Mariners Investment to the state of Connecticut were signed by “Kristan Exner.”

On March 21, 2022, four months after Exner and Garin allegedly co-founded Mariners Investment, Exner arranged for Barbara’s house to be put on the market. The very next day, Garin bought that house. Robert alleges that Exner and Garin did not negotiate the price, and that neither Exner nor the real estate agent she used spoke to any other potential buyers.

According to court documents, when Exner was asked about the sale under oath, she said that she had not spoken to Garin since 2000—even though they may own a company together. Exner allegedly went on to say that he must have heard about the house from the real estate agent she used, Katiria Chiluisa of RE/MAX Right Choice. Chiluisa said that he might have been on a list of real estate investors she had and that she could have called him the day the property was put on the market; however, Robert alleges that Chiluisa “could not explain the circumstances precisely.”

Inside Investigator did not obtain a copy of this recording.

Exner is also accused of selling the property of a trustee of hers to Garin in late 2023. Supposedly, Exner was appointed as the successor trustee to the Mary Maier Irrevocable Trust and sold a house in Southbury to Garin for $100,000. Court documents allege that Garin sold that house to a third party for $250,000 three months later. The deeds for these sales are in the court documents.

Attorney Christopher Harrington, who is representing Exner in the Tobin case, could not be reached for questions. Neither could Kirschbaum.

Robert Santoro is representing Exner in the lawsuit filed by Davis. On Oct. 9, Santoro sent a letter to Chief Clerk Gail Hanna, asking her to disregard Kirschbaum’s motion to have Exner disbarred.

“Such actions are inappropriate and should not be entertained,” the letter stated. “The Court, on its own motion, without any affidavits or evidence, should refrain from scheduling this matter for a hearing, as it does not warrant further expenditure of the Court’s time.”

In a phone call with Inside Investigator, Santoro did not want to comment on the specific allegations made in the Tobin case, which he is not involved with.

This isn’t the first complaint filed against Exner. In the past, she has been accused of mishandling Medicaid payments for multiple people under her conservatorship and transferring $100,000 from a nursing home resident’s bank account into her employer’s conservator account. Santoro also did not want to comment on these allegations, because he is not involved in these cases.

However, in an email to Inside Investigator, Santoro accused Kirschbaum of making “unfounded” allegations against Exner in the past.

“Attorney Kirschbaum represented another individual suspected of elder abuse against a frail elderly woman by the Department of Elderly Protective Services and tried to implicate Attorney Exner,” Santoro alleged in that email.  “You can see the Judge’s pretty clear decision (to dismiss Kirschbaum’s argument), which may implicate a vexatious litigation claim against Attorney Kirschbaum and his client given the judge’s characterization of the argument as “simple.””

On March 30, 2025, Exner submitted testimony to the Connecticut General Assembly, in which she requested more legal protections for conservators.

“Conservators are tasked with making complex decisions in deeply personal and often contentious circumstances, including healthcare, financial management, housing, and end-of-life care. They are bound by legal and ethical responsibilities, often under intense scrutiny by courts, families, and the public,” she wrote. “Yet when disagreements or misunderstandings arise—even when acting in good faith under court order—conservators can become the targets of civil lawsuits.”

These lawsuits can be “costly” and “personally devastating,” she said in the testimony.

She specifically asked the General Assembly to pass a law that would give conservators qualified immunity “for actions taken in good faith and in accordance with court orders,” access to state-funded liability insurance, and impose limits on civil liability.

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Lawyer accused of selling conservatee house to business partner 

Heatherlys learn fate for stealing from elderly man

By SUSAN SHARP

JACKSBORO, TN. (WLAF)-  Alisha and Robert Heatherly have been sentenced for stealing from an elderly person under their care.

From January 2018 until January 2024, the couple absconded with money from the sale of three properties, Social Security benefits and other retirement benefits. Their 80-year-old victim also had his personal property stolen with it being pawned, the indictment said.

Both were  charged with financial exploitation of an elderly or vulnerable person over $250,000, three counts each of financial exploitation of an elderly or vulnerable person over $60,000 and one count of financial exploitation of an elderly or vulnerable person over $10,000. Separately, they each face one count of financial exploitation of an elderly or vulnerable person.

They were also charged with aggravated neglect of an elderly or vulnerable person, according to court records.

In criminal court October 6, they were each sentenced to 15 years in prison to be served at 30 percent. They were given credit for time served, court records said. The couple is also now on the Elder Abuse Registry and subject to all those conditions.

A restitution hearing is scheduled for Nov. 3. (WLAF NEWS PUBLISHED 10/14/2025-6AM-IMAGE COURTESY OF DREAMSTIME)

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Heatherlys learn fate for stealing from elderly man  

Corpus Christi woman back in custody, faces over 20 charges in alleged elder exploitation scheme

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Corpus Christi woman back in custody, faces over 20 charges in alleged elder exploitation scheme 

County’s Elder Justice Alliance given $750k grant to combat abuse

By Gina Joseph

The Elder Justice Alliance led by the Office of Senior Services in Macomb County has been working to combat the exploitation of older adults for years.

Now through a grant from the United States Department of Justice administrators have the funding to do even more not only locally but possibly provide a national model that other communities can follow.

“We’re the only county in Michigan to receive the grant and one of 11 counties around the country,” said Sheila Cote, director of the Office of Senior Services during Tuesday’s community meeting at Macomb Intermediate School District announcing the $750,000 grant over four years being received by the county.

Among those in attendance for the announcement were 80 individuals including Macomb County Executive Mark Hackel, Macomb County Department of Health and Community Services Director Andrew Cox along with community and local law enforcement leaders.

Communities across the country are experiencing a silver tsunami as the movement of baby boomers reaching the age of retirement has been coined including Macomb County, which has a senior population of 270,000.

This is one reason Macomb County received the DOJ grant.

Cote believes the other reason is that their application for the grant really proved the need to help Macomb County’s growing senior population who are constantly being exploited in one way or another.

The grant will provide the Elder Justice Alliance access to national experts and resources on elder abuse that can be shared with all levels of the criminal justice system and members of the community.

Communities across the country are experiencing a silver tsunami as the movement of baby boomers reaching the age of retirement has been coined including Macomb County, which has a senior population of 270,000.

This is one reason Macomb County received the DOJ grant.

Cote believes the other reason is that their application for the grant really proved the need to help Macomb County’s growing senior population who are constantly being exploited in one way or another.

The grant will provide the Elder Justice Alliance access to national experts and resources on elder abuse that can be shared with all levels of the criminal justice system and members of the community.

Among the resources made available to seniors are case workers.

A recent case handled by Cote’s office involved an 82-year-old woman who was using what she thought to be an online dating service.

“She was lonely,” Cote said, of the senior.

So, she reached out and was contacted by someone posing to be an admirer. She corresponded with the person (via an untraceable app) for 6-months believing all along that she had met someone who wanted to get married and it was only after losing thousands of dollars toward a ceremony that would never happen that she finally believed her caseworker, who insisted she was the victim of a scam.

At that point not much could be done to help her.

Therein lies part of the problem.

“It’s really difficult to track these people down after the fact,” Hackel, the former county sheriff, said noting it can also be very tough to see justice in many cases because they go unreported by individuals who are too embarrassed or hurt to say anything.

Or again, because it was a family member who exploited them.

“We have to find ways to get ahead of this,” Hackel said.

Cox concurred.

“We need to educate seniors on what to look for and what not to do,” Cox said, adding one way this might be done is during a senior expo. “We could also go to senior living sites and provide educational seminars for seniors and their caregivers.”

One thing seniors should already know is that the Office of Senior Services has advocates that can not only provide them with information to protect them against scammers and exploitation but guide them to the next step if they do become victims.

“We also have mental health professionals available if they need counseling,” Cox added, before heading into the kick-off meeting designed to lay the groundwork for more integrated community efforts to address elder abuse.

For more information call 586-469-5228 or visit macombgov.org/departments/senior-services. 

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County’s Elder Justice Alliance given $750k grant to combat abuse 

NY Man Tried To Bilk Elderly South Windsor Resident Of Nearly $70K: PD

Story by Tim Jensen

SOUTH WINDSOR, CT — A New York man was arrested Thursday afternoon in connection with a fraud complaint in which an elderly South Windsor resident was nearly bilked of about $70,000.

Qiao Zheng, 42, of Brooklyn, N.Y., was charged with conspiracy to commit second-degree larceny. He was held overnight in lieu of a $100,000 surety bond, and is slated to be arraigned Friday in Manchester Superior Court.

Police received a complaint Monday from a 90-year-old man who said he had received an email from someone who claimed to work for PayPal. The message indicated a transaction purchase for Bitcoin had been flagged, and after the man contacted a support number, Zheng accessed the victim's computer through a fraudulent link, requesting he transfer $49,900 into a separate account. When that attempt was unsuccessful, the victim withdrew cash at various bank branches and gave it to a courier., Lt. Mark Cleverdon said.

Upon being notified of the incident, and an attempt was made by Zheng to swindle the victim out of an additional $20,000, the South Windsor Police Department’s Criminal Investigations Unit was present in the area of the man’s home after Zheng stated a courier would pick up the money in the early afternoon hours Thursday, Cleverdon said.

A man identified as Zheng arrived and was promptly arrested, Cleverdon said. 

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NY Man Tried To Bilk Elderly South Windsor Resident Of Nearly $70K: PD 

Fulton County judge facing removal for wrongfully arresting witness during parents' divorce, trying to influence family court cases

The Judicial Qualifications Commission has recommended the removal of Fulton County Judge Shermela Williams, citing multiple violations. 

Author: Reeves Jackson 

ATLANTA — A Fulton County Superior Court judge could be removed from the bench after Georgia’s judicial watchdog accused her of serious misconduct, including wrongfully jailing a witness without legal authority.

The Judicial Qualifications Commission has recommended the removal of Judge Shermela Williams, citing multiple violations, such as improper communications with attorneys, repeated delays in ruling on cases and using her judicial power to interfere in family court matters involving her uncle and a sorority sister.

But one allegation stands out.

The commission said Williams ordered a 21-year-old witness jailed during her parents’ divorce proceedings, despite later admitting she had no legal authority to do so.

She told the commission she simply wanted to "send a message."

Legal experts said that kind of move is nearly unheard of.

Daryl Cohen, a former Fulton County assistant district attorney said this type of recommendation is extremely rare and reflects the severity of the accusations.

"We have to know as lawyers and as litigants, people in the courtroom, that that judge, male or female, young or old, it doesn't really matter, is above reproach, and doesn't have a stake in the case, doesn't care who wins -- just wants to follow the law and do the right thing," Cohen said.

The commission’s recommendation now heads to the Georgia Supreme Court, which will decide whether Williams should be removed from office.

Williams previously told the commission that removal would be excessive, and that a suspension would be more appropriate given the circumstances.

She has the opportunity to respond before the state’s highest court makes its decision. 

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Fulton County judge facing removal for wrongfully arresting witness during parents' divorce, trying to influence family court cases 

'Tyrant' Indiana judge asked to resign, banned for life after alleged unfair treatment

by WKRC

INDIANAPOLIS (WKRC) — A "tyrant" judge from the State of Indiana was asked to resign and permanently banned from the Indiana judicial system after alleged unfair treatment of defendants.

According to court documents, the Indiana Supreme Court has ruled that Judge Matthew J. Elkin of the Howard Superior Court engaged in judicial misconduct, leading to his resignation and a permanent ban from judicial service. 

The court found that Elkin failed to disqualify himself from cases involving former clients, made inappropriate comments to problem-solving court participants and showed favoritism towards certain litigants while degrading others.

Elkin, who began his tenure as a judge in January 2023, was previously a public defender and had represented participants in Howard County's Drug Court and Re-Entry Court. Despite this, he presided over at least eleven cases involving former clients without disqualifying himself until the Indiana Commission on Judicial Qualifications initiated an inquiry.

The court's findings detailed several instances of misconduct, including a tactic Elkin called "Game or Jail," where he threatened participants with jail time based on the actions of others.

In one instance, he told a domestic violence survivor, "If I smack the sh*t out of you right now, what chemicals get dumped in your brain? The exact same chemicals he experiences when he wins the Super Bowl" when speaking on why "women don't leave" abusive relationships.

• The following is what Elkin said during a hearing with the domestic violence survivor, according to the Indiana Supreme Court:

"Do you know who Tom Brady is? How many Super Bowls? Seven Super Bowls he’s won. When Tom Brady wins a Super Bowl, his brain is filled with all kinds of neurochemicals."

"All right? And he gets to scream, you know, I’m going to Disney World ... Now, I know he’s not married, he’s not in a relationship anymore, but what he used to be able to do is he got two big brain rushes because he got to go I won the Super Bowl and then the next thought is I get to f*ck the super model. Okay?“

"If I smack the sh*t out of you right now, what chemicals get dumped in your brain? The exact same chemicals he experiences when he wins the Super Bowl. Did you know that? So the whole thing is every time I beat you up or you beat me up, we won the Super Bowl"

"So if I smack you in the head and you feel the exact same way so you can enjoy the relationship. That’s what happens."

“That’s the truth. That’s why women don’t leave. It gets worse. He experiences it once because he won the Super Bowl. You can cause yourself to experience that emotion at least two more times after you’ve been hit. One is if you feel guilty about having had your a*s licked, the exact same chemicals dump into your brain. You feel real shame over it. Then if you get angry over the fact that this person did it to you, it happens a third time. Here’s the deal, I can train an entire lifetime for one shot at winning the Super Bowl and experiencing that elation, or I can have somebody kick my a*s and I can do it three times. Which is easier?“

"You don’t deserve this chance. You don’t deserve it. ... I know what’s wrong with you and I know how to fix you.“

"You’re not even my property yet. Do you know that you’re the Department of Correction’s property for 98 days, right? No, six months. Right?"

• Other incidents, according to the Indiana Supreme Court

Elkin was also accused of providing preferential treatment to some participants, such as offering housing through his wife's rental property and allowing participants to use his personal vehicle. Additionally, he was found to have inadequately supervised employees and possibly misused court funds, per the documents.

Officials said "a presiding judge's demeanor has an outsized impact" on problem-solving court participants because of the way courts are structured, adding that Elkin understood that, but still "wielded his position of power like a tyrant," per WXIN.

Elkin was accused of breaking eight judicial rules, including the following, according to the outlet:

• Acting in a way that promotes public confidence in the judicial system

• No presiding over cases that you have a personal or extrajudicial connection to

• Uphold and apply the law and perform all duties fairly and impartially

• Requiring order and decorum during court proceedings

The Indiana Commission on Judicial Qualifications filed a "Notice of the Institution of Formal Proceedings and Statement of Charges" against Elkin, leading to a joint agreement for his resignation and permanent ban from judicial service.

The Commission has agreed to discontinue further investigations following Elkin's agreement to repay any unauthorized funds.

According to WXIN, the Indiana Supreme Court ruled that Elkin must leave his office no later than September 30. He will retain his law license, however, per the outlet. 

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'Tyrant' Indiana judge asked to resign, banned for life after alleged unfair treatment