Six Indictments in Scam Allegedly Targeting Nursing Home Residents

State officials recently arrested six people suspected in a scam that allegedly bilked Jackson nursing home residents out of more than $25,000.

The arrests include a former administrator and social worker at Belhaven Senior Care, where all of the victims lived, according to Attorney General Jim Hood.
Ponchie McCollough, the 36-year-old Belhaven Senior Care social worker, allegedly got residents and their families to write checks to her and others ranging from $400 to $2,500, according to the indictment.

"This is a good example of why it is so important to watch closely over your elderly loved ones," said Hood, whose office is investigating the case. "Get to know their caregivers, ask questions and check their finances regularly to make sure no one is stealing from them."

McCollough is charged with 19 counts of felony exploitation of a vulnerable adult and one count of conspiracy exploitation of a vulnerable adult.

Also indicted were:

•Former administrator Brad Burt, 35, of Brookhaven, charged with one count of felony exploitation of a vulnerable adult and 14 counts of accessory after the fact.

•Jessica McKinney, 21, of Jackson, charged with two counts of felony exploitation of a vulnerable adult and one conspiracy count.

•Madeline Floyd, 23, of Jackson, charged with one count of felony exploitation of a vulnerable adult and one conspiracy count.

Two employees with Natchez-based Trend Consultants, the company that owns Belhaven Senior Care, were also indicted. They are operations director Justin Johnson, 30, of Natchez, and billing specialist Tina Brewer, 43, of Vidalia, La. Both are charged with 14 felony counts of accessory after the fact in the exploitation of a vulnerable adult.

The indictment alleges the acts occurred from August 2008 to May 2009.

Full Article and Source:
Alleged Scam Targets Elderly Residents

"Legalized" Elder Abuse

The American legal system has established “guardianships” for the specific purpose of protecting vulnerable individuals–called “wards”–when a judge or judicial officer determines that the ward’s decisionmaking capability is so impaired that another person–the “guardian”—needs to be given the right to make these decisions. A guardianship is particularly appropriate for wards who are suffering from Alzheimer’s disease and related dementia, as well as advanced alcoholism and similar afflictions that render the person unable to care for his or her health and other needs. A “conservatorship,” twin to the guardianship, is set up to conserve the ward’s assets; the conservator acts as a custodian.

The legal obligations of the guardian and conservator. As defined above, these legal vehicles seem completely sensible and necessary. After all, people who are so incapacitated that their decisionmaking is unreliable obviously need professional assistance; left unprotected, their health and wealth are at risk. The law considers the connection between the guardian (or conservator) and the ward to be “fiduciary” in nature, a legal relationship of confidence or trust between two or more parties. Indeed, for legal purposes, a “fiduciary” duty requires the highest possible standard of care. It recognizes that the ward needs to have utmost confidence, reliance and trust in the guardian or conservator, whose aid or protection is essential. The fiduciary, therefore, is required to act at all times for the sole benefit and interests of the ward, with absolute loyalty to those interests.

The reality of guardianships and conservatorships. Unfortunately, vulnerable individuals are easy targets for the unscrupulous. Equally unfortunate is the fact that the legal system, having established these processes, frequently fails to supervise how they actually work.

Full Article and Source:
Legalized Elder Abuse: Guardianships and Conservatorships

State Workers Accused of Preying on Vulnerable Woman

Two women employed by the state to protect a vulnerable elderly woman instead preyed on her, stealing about $20,000 from her bank accounts while she was hospitalized for dementia.

Police said both women were adult protective investigators with the Florida Department of Children and Families. One went so far as to wait in 85-year-old Jane Janssen's Cocoanut Row apartment and pose as Janssen in case the banks called to verify transactions, according to arrest affidavits made public Wednesday.

This week, Palm Beach Police detective Nicholas Caristo week arrested Mindi Marie Berry, 33, her DCF supervisor, Greta Laverne Lambert, 41, and a third woman, an employee of an escort service who told police she was hired to cash stolen checks.

Police on Wednesday were getting a warrant to arrest a fourth woman in the alleged scheme, which came to light after Janssen's son, Christopher Janssen, complained last month, police said. Berry and Lambert were fired in November after DCF learned of the police investigation, an agency spokesman said.

Described in police records as the scheme's ``mastermind,'' Lambert worked for DCF for several years and had risen to the rank of supervisor.

Berry was taken into custody in November, soon after Christopher Janssen's complaint. After a month-long investigation, Caristo arrested Lambert and Alexis White, 19.

The women face charges of organizing a scheme to defraud, grand theft from an elderly person, credit card fraud and identity theft. Their attorneys couldn't be reached.

Full Article and Source:
Palm Beach Police Arrest 2 State Employees for Stealing From Patient

Convicted Judge Resigns Bench

Embattled Harris County Court-at-Law Judge Donald Jackson resigned a week after being sentenced to 30 days in jail for abusing his authority.

The veteran judge was convicted of misdemeanor official oppression this month after being accused of trying to solicit a relationship with 28-year-old Ariana Venegas, a defendant in his court charged in February with driving while intoxicated.

Jackson was sentenced to a month in jail and two years' probation but remains free as he appeals the decision. He was suspended by the State Commission on Judicial Conduct after a grand jury indicted him in August but still drew his $140,000 salary while the case was pending. His resignation is effective Thursday.

Because judges cannot hold outside employment, Jackson would have to resign to take another job. He holds specialization certifications in commercial real estate law and residential real estate law, according to state records.

Calls to the State Commission on Judicial Conduct were not answered.

Full Article, Video and Source:
Convicted Harris Co. Judge Resigns Bench

No More Salary for Luzerne County Judge Toole

The state Supreme Court dumped Luzerne County Judge Michael T. Toole from the public payroll a day after he pleaded guilty to corruption charges.

The high court issued a one-sentence order, terminating Judge Toole's $161,850 annual salary and health benefits.

Judge Toole, 49, had been on a paid suspension from judicial duties since the charges and his plea agreement were announced Dec. 2.

Under his plea agreement, he must resign from the bench within 10 days of the guilty plea. Judge Toole had yet to offer a letter of resignation as of the close of business Wednesday, according to the governor's press office.

Judge Toole's attorney, Frank Nocito, declined to comment on the ruling.

Judge Toole is the third county judge charged this year in a wide-ranging federal corruption probe that has led to charges against 23 people.

He faces a maximum penalty of 23 years in prison and a $350,000 fine on charges of fraud and filing a false tax return, but is more likely to receive 37 to 46 months under federal sentencing guidelines and his plea agreement.

A sentencing hearing is March 30.

Full Article and Source:
Supreme Court Ends Judge's Salary, Benefits

See Also:
Fmr. Luzerne Co. Judge Accepts Punishment

Next Hearing For Britney Will Be Jan. 14th

Los Angeles courtroom Commissioner Reva Goetz ordered the co-conservatorship of Britney Spears to continue, with her father, Jamie Spears, in control of her life.

Jamie will get $16,000 a month for his duties as conservator of Brit. Not a bad deal, but he does make her personal, financial and medical decisions 24/7/365.

In short, he works hard for the money.

Goetz also ordered the co-conservator of Britney, aptly-named lawyer Andrew Wallet, to be paid $174,569.10 for services rendered from July-November 2009.

The judge didn't specify how long the conservatorship will remain in place, but lawyers involved expect it to last somewhere between six months and a year.

The next court hearing in the Britney case is scheduled for January 14. Fees for Laura Wasser, the star's divorce/custody attorney, will be dealt with then.

Full Article and Source:
Britney Spears Conservatorship to Continue

See Also:
Britney Spears' Conservatorship Extended

Ruth Lilly Dies at 94

Ruth Lilly, a prolific philanthropist who was the last surviving great-grandchild of pharmaceutical magnate Eli Lilly, has died at age 94.

A family spokesman says Lilly died Wednesday in Indianapolis.

Over the course of her life, the Indianapolis native gave away much of her inheritance from the Eli Lilly & Co. fortune. Court documents showed in 2002 that Lilly had bequeathed nearly $500 million to charitable and arts-related groups.

That included an estimated $100 million to the influential literary magazine "Poetry," which had rejected Lilly's submissions for years. Lilly began writing poetry in the mid-1930's.

The magazine has published the works of poets William Butler Yeats and Dylan Thomas. Lilly's attorney said in 2002 she didn't take rejections from the publication personally.

Lilly also established two fellowships for graduate students in poetry and an endowed chair of poetry at Indiana University.

The Indianapolis Museum of Art is located on the site of Lilly's parents' estate, which she and her brother donated in 1966, along with a trust income to maintain it.

Lilly's wealth was valued at more than $1 billion in 2002. The family statement said she gave away "the vast bulk of her inheritance, largely to Indiana-based institutions."

Her financial dealings have been handled by a court-appointed guardian since 1981, when she was declared incompetent.

Lilly battled depression for most of her life but was helped greatly by Eli Lilly & Co.'s blockbuster antidepressant Prozac, which came on the market in 1988, The Indianapolis Star reported.

Full Article and Source:
Eli Lilly & Co. Heiress Ruth Lilly Dies at 94

See Also:
Investigative Series: Guarding the Guardians
Excerpt: The name "Lilly" evokes all kinds of images in Indianapolis. The international pharmaceutical company. And the endowment that helped build the city is the largest in the country.

But there's another Lilly story you probably don't know that has nothing to do with those well-known institutions. It's about Ruth Lilly, the sole surviving great-grandchild of the company founder - one of the world's richest women whose own philanthropy has left its mark. And it's about others controlling her fortune.

The Eyewitness News Investigators spent six months talking to sources and examining the extensive documents in Lilly's court-ordered guardianship. They found a story about questionable spending by her guardians, a story that reaches into the city's corridors of power - politicians, doctors, judges, a major bank, a prominent law firm.

The stories were reported by Amanda Rosseter and Jeremy Rogalski, photographed and edited by Bill Ditton, and produced by Kathleen Johnston and Gerry Lanosga. The series originally aired Nov. 23-25, 1998.

Two days after this report began airing, Probate Judge Charles Deiter appointed local attorney Greg Fehribach as guardian ad litem to independently review Ruth Lilly's guardianship. His 16-month review resulted in a public acknowledgement of lax oversight by the bank - and reductions in bank and legal fees totaling more than $600,000.

See Also:
Ruth Lilly's Niece and Nephew Become Her Guardians

Puppets Imitate Life

Several puppets play the role of judge, guardian, conservator and lawyer in a court hearing where a forced guardianship is occurring.



See also:
A Grandchild’s Fight

Pima County Guardianships

Poem by Sol Ehrlich

God, keep me working, keep me fit
At windows I don't want to sit
Watching my fellows hurrying by:
Let me stay busy 'til I die.

Grant me the strength, breath and will,
Some useful niche in life to fill,
A need to serve, a task to do:
Let me each morning arise anew.
Eager and glad that I can bear
My portion of the morning's care.

God, I don't want to sit about,
Broken and tired and all worn out.
Afraid of wind and rain and cold,
Let me stay busy when I am old.

Although I walk with slower pace,
Still let me meet life face to face.
This is my prayer as time goes by:
God keep me busy 'til I die.

Source:
Final Report of the Dade County Grand Jury, See page 21