Ex-Lakewood broker gets 5 years for theft from an elderly client

A former Lakewood stockbroker who federal prosecutors called “arrogant and shameless” was sentenced Thursday in U.S. District Court in Tacoma to five years in prison for bilking an elderly client out of hundreds of thousands of dollars.

Michael D. Montgomery, 44, also must pay yet-to-be-determined restitution to the estate of the man he defrauded. That man died in 2006 at age 90.

Prosecutors said Montgomery, who now calls Colorado home, served as the man’s financial adviser and then became trustee of the man’s revocable living trust. He used his positions to make loans to himself from the man’s accounts, many of which he failed to repay.

They also said he billed the estate for hours he never worked.

Prosecutors said Montgomery purloined $1.2 million from the man and his estate. His defense attorney, Emily Gause of Seattle, claims the loss was less than $900,000.

He pleaded guilty in June to wire fraud and filing a false tax return for failing to report the income.

Prosecutors said Montgomery used the stolen money to finance a high-flying lifestyle in Aspen, Colo., where he trained to be an elite triathlete. The victim’s heirs were left with nearly nothing.

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Ex-Lakewood broker gets 5 years for theft from an elderly client

Lawless America: Rosanna Miller

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YouTube: Lawless America: Rosanna Miller

After Criticism, DSM Committee Changes Course

Experts behind the new version of the Diagnostic and Statistical Manual of Mental Disorders didn’t back down on major changes to the definition of autism, but appear to have made an about-face when it comes to intellectual disability.

Initial plans to revise the diagnosis of “mental retardation” in the forthcoming fifth edition of the psychiatric manual called for the condition to be renamed “intellectual developmental disorder.” Critics blasted the proposal because it was inconsistent with the more commonly accepted term “intellectual disability” which has already been adopted in many federal and state laws.

Now it appears that the American Psychiatric Association heard the complaints. In newly-released documents, officials from the psychiatrists’ group stopped short of revealing the final text for the manual, but now say the version slated for publication in May will replace “mental retardation” with “intellectual disability.” The move is an effort to align with the American Association on Intellectual and Developmental Disabilities, the U.S. Department of Education and other groups, the psychiatric association said.

The new term with be appended with a notation about “intellectual developmental disorder” in order to be congruent with language expected in an upcoming revision of the International Classification of Diseases, or ICD, a guide to diseases and disorders published by the World Health Organization.

Full Article and Source:
After Criticism, DSM Committee Changes Course

MO: Police: Man Exploited Elderly Man With Dementia

A St. Peters man is behind bars, accused of scamming an elderly woman out of thousands of dollars. Jeremy McClellan, 38, is charged with financial exploitation of the elderly or disabled.
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Police: Man Exploited Elderly Woman With Dementia

TN: Complaints Lead to Suggested Changes in Conservatorship Law

The Tennessee Bar Association has approved a series of recommended changes in the state law governing conservatorships including first time procedures to place a person in a conservatorship on an emergency basis without notice.

The recommendations, approved over the weekend by the association’s board of governors, will be forwarded to legislative leaders within the next few weeks, said Allan F. Ramsaur, executive director of the association.

In addition to establishing the emergency placement process, the 16 recommended changes in the law clarify the role of court appointed attorneys, known as “guardian ad litems,” assigned to investigate the need for a conservatorship and report back to the court with a recommendation.

The Tennessee Bar Association has approved a series of recommended changes in the state law governing conservatorships including first time procedures to place a person in a conservatorship on an emergency basis without notice.

The recommendations, approved over the weekend by the association’s board of governors, will be forwarded to legislative leaders within the next few weeks, said Allan F. Ramsaur, executive director of the association.

In addition to establishing the emergency placement process, the 16 recommended changes in the law clarify the role of court appointed attorneys, known as “guardian ad litems,” assigned to investigate the need for a conservatorship and report back to the court with a recommendation.

The proposal would require that the person being placed in the conservatorship be given notice within 48 hours and that a hearing be held within five days. The emergency appointment would be for a maximum of 60 days.

“The existing law does not have enough specificity,” [Jacson Attorney Pamela] Wright said, adding that the changes would give more protections to those being placed in a conservatorship.
Among those changes, she said, was to make it easier for a person placed in a conservatorship to appeal and get separate legal representation..

Other changes proposed include a requirement that the order creating a conservatorship include the specific rights that are being taken away and also any rights that are being retained. Another change would require that a conservator file more frequent financial reports, including one at the end of the first six months of the conservatorship.

Last year the General Assembly approved two changes in the conservatorship law. One requires that a proposed conservator disclose whether he or she has a criminal record. The other requires the proposed conservator to disclose his or her relationship with the person being conserved.

Tinnon, who now lives in public housing a few blocks from the house that was auctioned off to pay bills while she was in a conservatorship, said she was not aware of the recommendations but had one question.

“If they change it (the law) when will I get my stuff back?” she asked.

Full Article and Source:
Complaints Lead to Susgested Changes in Conservatorship Law

TN Bar Association Recommends Changes in Conservatorship Laws

Ginger Franklin gets a hug from longtime friend Mary Ann Watson.

Franklin was released from her court-ordered conservatorship in 2010 after fighting it and proving she was capable of managing her own affairs -- but not before she lost her home and was on the hook for legal and other fees that ate up all but $2,000 of her assets.

Source:
Bar Association Recommends Changes in Consrvatorship Laws

See Also:
Judge Adds Safeguards After Franklin Case

Conservatorship is Meant to Protect, But in Tennessee, it Sometimes Destroys

Just two years ago, 80-year-old Jewell Tinnon was living comfortably in the Edgehill house she and her late husband had bought and paid for years earlier.

But all that was before a petition was filed, without her knowledge, in Davidson County Probate Court to protect and conserve her life, health and assets.

Tinnon, who now lives in public housing a few blocks from the house that was auctioned off to pay bills while she was in a conservatorship, said she was not aware of the recommendations but had one question.

“If they change it (the law) when will I get my stuff back?” she asked.

Sources:
Conservatorship is Meant to Protect, But in Tennessee It Sometimes Destroys

Complaints Lead to Suggested Changes in Conservatorship Law

Lawless America: Don Acree

Source: YouTube: Lawless America: Don Acree

TN: Danny Tate, In Court-Ordered Hell

It was [over ]five years ago  that David E. Tate, Petitioner, along with notorious attorney Paul T. Housch, entered “Judge” Randy Kennedy’s court to conduct an “emergency” Ex Parte hearing “petitioning” the court for a conservatorship over brother John Daniel “Danny” Tate. With nothing but grossly perjured hearsay testimony, Kennedy “glad to do it” entered orders of conservatorship, administered the fiduciary oath to David E. Tate and ordered Danny Tate’s Vanguard account seized.

 

No evidence whatsoever was presented:

1. No medical evidence

2. No financial evidence

3. No crime(s)

4. No 911 reports

5. No complaints from the neighbors

6. NOTHING

 

Source:
Five Year "Anniversary" of Court-Ordered Hell

See Also:
Danny Tate's Home Auctioned Off to His Former Lawyer!