Federal authorities say a former North Carolina financial adviser has been sentenced to three years in prison for taking millions from an elderly woman with Alzheimer's disease.
U.S. Attorney George Holding announced Wednesday that 66-year-old Harold Blondeau of Raleigh was also ordered to pay nearly $425,700 in restitution to the Internal Revenue Service, the victim, her trusts, and the charity founded with her money.
Blondeau pleaded guilty last year to investment adviser fraud and tax fraud, for not reporting or paying taxes on the illegal income. He admitted taking nearly $3 million from a then-83-year-old Raleigh woman.
Full Article and Source:
Raleigh Man Receives 3 Years for Bilking Elderly Woman
Wednesday, August 25, 2010
Elderly Couple Bilked Out of $1.5 Million by Son and Others
The son of an elderly Davis couple and two others have pleaded no contest to stealing $1.5 million from the couple, according to the Yolo County District Attorney's Office. The son, whose name was not made public in order to protect the victims, the son's ex-wife Jennifer Haskell, and a second man, Marlo Compton, used several ploys to steal the victims' life savings, said chief Deputy District Attorney Jonathan Raven.
The defendants' pleas to multiple theft charges include prison terms and restitution to the victims. The son, Haskell, and Compton were scheduled to be sentenced Oct. 1 in Yolo County Superior Court.
Full Article and Source:
Davis Couple Bilked by Son, Others Out of $1.5 Million, Prosecutors Say
Tuesday, August 24, 2010
Minnesota: Weak Rules Govern Guardians
Social workers in Aitkin County had a problem: They needed someone to make decisions for three mentally impaired people who could no longer manage their own affairs. So in 2003, the county made a public appeal in the local newspaper.
Paul and Frances Peterson, who had no experience as guardians or conservators, offered their services. What followed was a failure of the state's guardianship system that the county is still untangling seven years later.
Altogether, Aitkin County asked the Petersons to manage the affairs of five individuals, including three men with six-figure bank balances. After one of their wards died, the Petersons continued to write checks on his account, violating a court order and state law. The county had to give another wealthy ward $100 for food because the Petersons did not give him any of his money.
A district judge, who found numerous accounting problems, terminated their oversight in 2008 and subsequently ordered the Petersons to give back half of the $80,500 they paid themselves over five years. But the judge's order is on hold because an appeals court said there were no clear guidelines on how much the Petersons could charge for their work.
To family members and advocates, the inability of the courts to hold the Petersons accountable shows how the state needs new tools to crack down on poorly performing guardians and conservators, who are unlicensed and virtually unregulated in Minnesota.
"There has to be a form of professional standards, regulatory oversight or sanctioning ability," said Roberta Opheim, the state mental health ombudsman. "To me, it's about people abusing their power and authority granted to them for a humane purpose."
Opheim said there's no limit on how many wards a guardian can oversee. Some guardians have as many as 40 people under their control, she said.
Peterson blamed complaints on hostile social workers, difficult family members and the erratic behavior of one ward. He said he and his wife's big mistake was letting "ourselves get talked into doing it in the first place."
William Hohenauer, a former ward who spent four years trying to get his money back, accused the Petersons of raiding his accounts. "They went in and took what they wanted for themselves," he said. "The court let them get away with this."
On June 17, six days after his interview with the Star Tribune, Hohenauer died of cancer. He was still waiting for his money.
Full Article and Source:
Weak Rules Govern Guardians
Paul and Frances Peterson, who had no experience as guardians or conservators, offered their services. What followed was a failure of the state's guardianship system that the county is still untangling seven years later.
Altogether, Aitkin County asked the Petersons to manage the affairs of five individuals, including three men with six-figure bank balances. After one of their wards died, the Petersons continued to write checks on his account, violating a court order and state law. The county had to give another wealthy ward $100 for food because the Petersons did not give him any of his money.
A district judge, who found numerous accounting problems, terminated their oversight in 2008 and subsequently ordered the Petersons to give back half of the $80,500 they paid themselves over five years. But the judge's order is on hold because an appeals court said there were no clear guidelines on how much the Petersons could charge for their work.
To family members and advocates, the inability of the courts to hold the Petersons accountable shows how the state needs new tools to crack down on poorly performing guardians and conservators, who are unlicensed and virtually unregulated in Minnesota.
"There has to be a form of professional standards, regulatory oversight or sanctioning ability," said Roberta Opheim, the state mental health ombudsman. "To me, it's about people abusing their power and authority granted to them for a humane purpose."
Opheim said there's no limit on how many wards a guardian can oversee. Some guardians have as many as 40 people under their control, she said.
Peterson blamed complaints on hostile social workers, difficult family members and the erratic behavior of one ward. He said he and his wife's big mistake was letting "ourselves get talked into doing it in the first place."
William Hohenauer, a former ward who spent four years trying to get his money back, accused the Petersons of raiding his accounts. "They went in and took what they wanted for themselves," he said. "The court let them get away with this."On June 17, six days after his interview with the Star Tribune, Hohenauer died of cancer. He was still waiting for his money.
Full Article and Source:
Weak Rules Govern Guardians
MN: Tips for Guardians & Conservators Billing
Seems like a lot of negative press lately for guardians and conservators. This recent Star Tribune article on guardians in Aitkin county is the latest. One of the guardianships referred to in the article was recently addressed in a published Court of Appeals of Minnesota opinion, In the Matter of the Guardianship and Conservatorship of Harold F. Doyle. In Doyle, the Court of Appeals examined the issues of: 1) whether a district court can sua sponte (on its own initiative) examine and disallow fees and expenses of guardians/conservators in an annual account (the Court held that it could); 2) whether the court can rely on documents that are not part of the record (the Court held that the district court could rely on the County's Service Fee Policy in deciding the appropriateness of a guardian's fees, since that policy was referred to in the guardianship statute. However the Court held that the district court erred in relying on MAGIC Standards of Practice in it's decision, when those Standards had not been introduced by a party as evidence or authority, and the parties did not have an opportunity to review and/or comment on the Standards); 3) whether the district court properly rejected accounts and disallowed certain fees and expenses (the Court remanded, but gave guidance on what the district court should consider).
After reading the Doyle case, I've put together some tips for Guardians and/or Conservators billing for their services:
1) Determine whether there are Service Fee Policies or similar policies governing payment of guardians in the county in which you were appointed.
2) Review and be familiar with the MAGIC Standards of Practice. While they aren't guidelines that courts can take judicial notice of, they are instructive and are put out by a reputable non-profit organization that addresses guardianships and conservatorships in Minnesota.
3) Always bear in mind that your fees and expenses need to have been rendered for necessary services or necessary expenses for the benefit of the ward.
4) Always keep detailed, meticulous and organized records of your fees and expenses.
5) Save receipts for every expense.
6) Keep detailed time records. Not "worked on ward's case", but instead "Made telephone calls to social security to straighten out mix up with monthly social security check." Etc.
7) Your hourly fee should be in line with what other guardians with your experience are charging for similar cases.
Remember, in the end, it boils down to this: You are a fiduciary for the ward/protected person. It is the ward's money, not yours. At the end of the day you should feel comfortable explaining to the Court why you charged for every penny that you did, and you should have the documentation to support it.
Full Article and Source:
Tips for Guardians and Conservators Billing the Ward for Their Fees and Expenses
After reading the Doyle case, I've put together some tips for Guardians and/or Conservators billing for their services:
1) Determine whether there are Service Fee Policies or similar policies governing payment of guardians in the county in which you were appointed.
2) Review and be familiar with the MAGIC Standards of Practice. While they aren't guidelines that courts can take judicial notice of, they are instructive and are put out by a reputable non-profit organization that addresses guardianships and conservatorships in Minnesota.
3) Always bear in mind that your fees and expenses need to have been rendered for necessary services or necessary expenses for the benefit of the ward.
4) Always keep detailed, meticulous and organized records of your fees and expenses.
5) Save receipts for every expense.
6) Keep detailed time records. Not "worked on ward's case", but instead "Made telephone calls to social security to straighten out mix up with monthly social security check." Etc.
7) Your hourly fee should be in line with what other guardians with your experience are charging for similar cases.
Remember, in the end, it boils down to this: You are a fiduciary for the ward/protected person. It is the ward's money, not yours. At the end of the day you should feel comfortable explaining to the Court why you charged for every penny that you did, and you should have the documentation to support it.
Full Article and Source:
Tips for Guardians and Conservators Billing the Ward for Their Fees and Expenses
Monday, August 23, 2010
Danny Tate Hearing
Nashville songwriter Danny Tate lost his case and his temper Friday. After shouting and arguing with a judge, Tate was escorted out of the courthouse by a court officer.[Tate's] lawyer said Danny's brother, David, exaggerated the severity of Danny’s cocaine habit and lied in court so he could be named his brother's guardian.
"The evidence is clear that these allegations were knowingly false," Danny Tate’s attorney, Michael Hoskins, told the court.
Kennedy had given David Tate control over Danny's bank accounts, after David claimed Danny was spending $400 a day on cocaine.
The judge ruled the dollar amount of the habit wasn’t that important; he said David Tate was just trying to save his brother's life.
He ruled against Danny Tate, and that’s when the shouting started. After raising his voice at the judge, Tate was told to leave the courtroom. He said later he felt frustrated the judge wasn’t listening to him.
Tate said his bank account has dwindled from $700,000 to nearly nothing after his brother spent money on legal fees and experts. He said he’s living in a horse trailer behind his house in Belle Meade. It was flooded in the May storms.
Earlier this year, Tate won his effort to have the guardianship dissolved. Now his attorney is in court trying to get some of his client’s money back.
Full Article, Video, and Source:
Songwriter Shouts at Judge, Escorted From Court
See Also:
NashvilleCriminals website
Memorandum of Law in Support of Respondent's Motion for Relief From Judgment
NJ Disbarred Lawyers Reported for 2009
The number of formal complaints filed with the state Office of Attorney Ethics increased by 23 percent in 2009, with 233 complains compared to 189 in 2008, according to the office's annual report made public.
As a result, by the time the year was over, 29 of New Jersey's 86,807 attorneys were disbarred for unethical practices, 15 of them by consent.
Another 29 lawyers were suspended, 23 were censured, 26 received reprimands, 40 received admonitions, 25 had their licenses suspended and 2 received license suspensions.
The report shows an 11 percent decrease in the number of attorneys disciplined by the state Supreme Court. The figure was 148 in 2009 compared to 167 in 2008.
The 233 formal complaints stemmed from 1,476 grievances filed with the OAE in 2009, a nearly 6 percent increase over the 1,394 grievances filed in 2008.
The fee arbitration program resolved 1,130 fee matters involving $14.5 million in legal fees.
Here are the 14 lawyers who were disbarred by the Supreme Court in 2009:
Peter J. De Jong, Morris County
Marc F. Desiderio, Bergen
Edward D. Fagan, Florida
Jonathan Friedman, Monmouth
Horatius A. Greene II, Essex
Stanley J. Hausman, Essex
Thomas J. Izso, Middlesex
Russell T. Kivler, Mercer
Richard H. Kress, Union
Gary Lesser, Morris
Laura P. Scott, Bergen
Irwin B. Seligsohn, Essex
Loel H. Seitel, Bergen
Stephen W. Thompson, Cape May
Here are the 15 attorneys who agreed to be disbarred:
Kevin M. Bosworth, Burlington
William N. Chango, Union
Matthew G. Connolly, Hudson
John L. D'intino Jr., Pennsylvania
Jeffrey B. Feinman, Camden
Edward M. Fink, Somerset
Paul J. Hirsh, Morris.
Philip B. Hover, Bergen
Andrew M. Kimmel, Morris
Kurt G. Ligos, Morris
John G. Lynch Jr. Sussex
Sam S. Matthews, Bergen
John J. Montefusco, Morris
Steven T. Rondos, Bergen
Ward S. Taggart, Ward, Burlington
Stanley J. Hausman, Essex
Full Article and Source:
Disbarred Lawyers in NJ Reported for 2009
As a result, by the time the year was over, 29 of New Jersey's 86,807 attorneys were disbarred for unethical practices, 15 of them by consent.
Another 29 lawyers were suspended, 23 were censured, 26 received reprimands, 40 received admonitions, 25 had their licenses suspended and 2 received license suspensions.
The report shows an 11 percent decrease in the number of attorneys disciplined by the state Supreme Court. The figure was 148 in 2009 compared to 167 in 2008.The 233 formal complaints stemmed from 1,476 grievances filed with the OAE in 2009, a nearly 6 percent increase over the 1,394 grievances filed in 2008.
The fee arbitration program resolved 1,130 fee matters involving $14.5 million in legal fees.
Here are the 14 lawyers who were disbarred by the Supreme Court in 2009:
Peter J. De Jong, Morris County
Marc F. Desiderio, Bergen
Edward D. Fagan, Florida
Jonathan Friedman, Monmouth
Horatius A. Greene II, Essex
Stanley J. Hausman, Essex
Thomas J. Izso, Middlesex
Russell T. Kivler, Mercer
Richard H. Kress, Union
Gary Lesser, Morris
Laura P. Scott, Bergen
Irwin B. Seligsohn, Essex
Loel H. Seitel, Bergen
Stephen W. Thompson, Cape May
Here are the 15 attorneys who agreed to be disbarred:
Kevin M. Bosworth, Burlington
William N. Chango, Union
Matthew G. Connolly, Hudson
John L. D'intino Jr., Pennsylvania
Jeffrey B. Feinman, Camden
Edward M. Fink, Somerset
Paul J. Hirsh, Morris.
Philip B. Hover, Bergen
Andrew M. Kimmel, Morris
Kurt G. Ligos, Morris
John G. Lynch Jr. Sussex
Sam S. Matthews, Bergen
John J. Montefusco, Morris
Steven T. Rondos, Bergen
Ward S. Taggart, Ward, Burlington
Stanley J. Hausman, Essex
Full Article and Source:
Disbarred Lawyers in NJ Reported for 2009
Sunday, August 22, 2010
Nebraska: Wards' Assets Vulnerable
In December 2007, a motorist struck Wilbur Miller as the 78-year-old Omahan crossed the street.A retired laborer with little money, Miller spent the next two weeks in Creighton University Medical Center, racking up $100,000 in medical bills.
Eventually, attorneys hired by Miller's guardian secured a $100,000 settlement from the motorist's insurance company.
Here's who was supposed to benefit: Wilbur Miller.
Here's who ended up with the money:
-- Miller's guardian, who a judge says improperly took $62,700. She is in the Douglas County Correctional Center, facing theft charges in three unrelated cases.
--Two attorneys, who were paid $33,333 in contingency fees.
The lawyers said they earned the fees. One was quick to note that he had worked on eight other guardianship cases for free.
A national expert said such an arrangement amounts to an informal “barter” system: using money from one case to compensate lawyers for work on other cases.
It's part and parcel of an old-school system in which judges scramble to reward the unsung work of attorneys and guardians, the expert said.
A committee of judges, lawmakers, attorneys and investigators is reviewing Nebraska's guardian-conservator system and is expected to make recommendations in October.
In such cases, judges appoint a guardian to oversee the health and a conservator to oversee the wealth of an incapacitated person, known as a ward. Attorneys shepherd cases through court, filing documents but having little day-to-day oversight of the ward.
Forty-eight states tap taxes and private grants to help pay for the work that attorneys and guardians do for indigent, incapacitated wards like Miller.
Nebraska is one of the two states that have no public guardian office — and no public funding for such work.
Instead, Nebraska judges allow lawyers to collect “reasonable” fees from those wards who do have assets.
“Across the nation, we're seeing the same crises, but we're not seeing the resources devoted to it,” [Brenda]Uekert [a researcher with the National Center for State Courts] said. “It's a tremendously important issue, but it's not an easy one to solve.
“Nebraska is just like a lot of other states: It's got a long ways to go.”
Full Article and Source:
Wards' Assets Vulnerable
'Fleecing Grandma & Grandpa'
Scams and cons can target anyone, but the elderly are particularly vulnerable; Alt and Wells review the various frauds, provide advice for avoiding the traps, and offer guidance for what to do if you or a loved one falls victim.
Source:
Amazon.com
Aging Inmates Straining Prison System
Curtis Ballard rides a motorized wheelchair around his prison ward, which happens to be the new assisted living unit — a place of many windows and no visible steel bars — at Washington's Coyote Ridge Corrections Center.
A stroke left Ballard unable to walk. He's also had a heart attack and he underwent a procedure to remove skin cancer from his neck. At 77, he's been in prison since 1993 for murder. He has 14 years left on his sentence.
Ballard is among the national surge in elderly inmates whose medical expenses are straining cash-strapped states and have officials looking for solutions, including early release, some possibly to nursing homes. Ballard says he's fine where he is.
"I'd be a burden on my kids," said the native Texan. "I'd rather be a burden to these people."
That burden is becoming greater as the American Civil Liberties Union estimates that elderly prisoners — the fastest growing segment of the prison population, largely because of tough sentencing laws are three times more expensive to incarcerate than younger inmates.
The ACLU estimates that it costs about $72,000 to house an elderly inmate for a year, compared to $24,000 for a younger prisoner.
Full Article and Source:
Aging Inmates Straining Prison System
A stroke left Ballard unable to walk. He's also had a heart attack and he underwent a procedure to remove skin cancer from his neck. At 77, he's been in prison since 1993 for murder. He has 14 years left on his sentence.
Ballard is among the national surge in elderly inmates whose medical expenses are straining cash-strapped states and have officials looking for solutions, including early release, some possibly to nursing homes. Ballard says he's fine where he is.
"I'd be a burden on my kids," said the native Texan. "I'd rather be a burden to these people."
That burden is becoming greater as the American Civil Liberties Union estimates that elderly prisoners — the fastest growing segment of the prison population, largely because of tough sentencing laws are three times more expensive to incarcerate than younger inmates.
The ACLU estimates that it costs about $72,000 to house an elderly inmate for a year, compared to $24,000 for a younger prisoner.
Full Article and Source:
Aging Inmates Straining Prison System
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