Kim Birge pleads not guilty to Probate Court fraud charges

By Jan Skutch

 

Former longtime Chatham County Probate Court Chief Clerk Kim Birge on Tuesday pleaded not guilty in federal court to stealing or embezzling more than $700,000 from the court over a three-year period.

“How does she plead to the charges in the indictment?” U.S. Magistrate Judge G.R. Smith asked Birge’s lawyer, Tom Withers, during her initial appearance.

“Not guilty,” Withers replied.

Smith allowed Birge, 61, to remain free on a $40,000 unsecured bond pending trial. That means she’s required to put up no money as part of the bond. Birge, who started with the court on July 19, 1982, had long been a stalwart in Probate Court, dating back to the administration of former Judge Robert Cook.

Assistant U.S. Attorney Scarlett Nokes told Smith the government did not object to a probation recommendation that Birge be released pending trial.

The judge noted “a confession to a gambling addiction problem” in Birge’s probation workup and later directed her to refrain from any gambling activity as a condition of her pre-trial release.

He also prohibited her from any alcohol use during the pre-trial period and ordered mental health and substance abuse evaluations.

Smith also told Birge to have no contact with any potential witnesses or victims in the case.

Birge was named May 18 in a five-count indictment including four counts of mail fraud by using the mail to defraud Chatham County out of $700,000 between January 2011 and November 2014 and then using the cash for her own benefit.

A fifth count charged federal program fraud. It alleged she stole about $767,218 between Jan. 1, 2014, and Dec. 31, 2014, from Chatham County involving a federal grant.

The count included the same funds and time frame as the mail fraud counts.

Included in the indictment is a forfeiture allegation in which the government says, if she’s convicted, it will try to recover “any property, real or personal” derived from the offense. That would include but not be limited to at least $767,218.

The indictment charged that Birge in her capacity as chief clerk of Probate Court was authorized to conduct transactions in at least two court bank accounts, but “was not authorized to conduct transactions in the Probate Court bank accounts for the benefit of herself or her family.”

It charges she would sign court orders to direct insurance companies, private businesses, public employers, banks and other entities to send funds to the court “for the benefit of minors and other individuals who had conservatorships” established in Chatham County.

A conservatorship establishes someone to watch out for money or property for minors or incompetents in the court.

Birge would then deposit fees paid to the court into one of two bank accounts maintained by the court and make representations that the money would be used for court matters, the indictment charged.

She would then forge the signatures of conservators and/or their attorneys to create false documents to disburse the money, would use the cash from negotiated checks for her personal use and would fail to disclose her activities to others in the court, the indictment charged.

Probate Judge Harris Lewis fired Birge on Dec. 2 in what was described as “in the best interests” of the court.

He had placed Birge on investigative suspension without pay Nov. 20 during a probe of “discrepancies with the services that you are responsible for handling,” Lewis said in a Nov. 20 letter.

As part of Lewis’ initial action, Birge has been barred from entering the Montgomery Street courthouse or discussing any matters related to the investigation “with anyone other than investigatory staff, unless otherwise directed to do so.”

Birge has not returned to the courthouse since she left Nov. 20.

The action came in wake of a reported federal/Savannah-Chatham police probe of undisclosed activity.

Full Article & Source:
Kim Birge pleads not guilty to Probate Court fraud charges 

See Also:
Former Probate Court clerk Kim Birge indicted in theft of more than $700,000 from the court

Livermore case puts spotlight on elder abuse

Linda Magel with picture of Jack Magel

By Jeremy Thomas

LIVERMORE -- It wasn't until a month after her father died that Linda Magel discovered something awry.

Sifting through boxes of bank statements, she realized $118,000 of her father's life savings was missing, withdrawn from a Chase Bank branch her father had never stepped foot in.

After a months-long investigation, it became clear that John "Jack" Magel, a Livermore resident who suffered from dementia and early onset Alzheimer's disease, had been swindled by a bank employee, who made off with a certificate of deposit worth $105,000 and other withdrawals using forged signatures. Magel, who wanted to pass the money to his heirs, died from cancer and Alzheimer's in March at age 91.

JP Morgan Chase eventually refunded the money but not without putting up a fight, Linda Magel said.

"He was an old man, a great guy, the most honest human being I've ever known in my life ... We haven't even had the emotional wherewithal to be able to mourn his death because this has been so encompassing," she said.

The swindling of Jack Magel is just the latest example of what some prosecutors are describing as a rampant problem, the defrauding of elders suffering from dementia or Alzheimer's disease by people they've come to trust. It comes in the wake of the sentencing of former Pinole police Officer Matthew Messier, who prosecutors say attempted to steal the $1.5 million estate of his Pleasanton neighbor, Jean Phyllis Jones. Through a plea deal, Messier will spend just two months in jail.

In Magel's case, a Pleasanton judge blocked a similar plea deal agreed to by attorneys that would have dropped a felony charge of financial elder abuse.

Former personal banker Alex Ojeda, 28, of Dublin, was set to plead guilty to a felony charge of grand theft on Feb. 11, which would have sent him to County Jail for four months, given him five years' probation, and reduced the felony to a misdemeanor if he reimbursed the bank for the full amount within three years.

However, Alameda County Superior Court Judge Christine Moruza refused to approve it, to the dismay of Ojeda's attorney, Phil Schnayerson, who argued that Ojeda already had put $58,000 into a trust fund with the intent of paying back the full amount.

"So, because (Ojeda)'s paid back half of the $118,000, he doesn't have to take an elder abuse charge?" Moruza said incredulously. "I don't agree ... I'm sorry."

The judge's decision was met with applause from Magel's family, who believe Ojeda should have a criminal record precluding him from working at another bank.

Ojeda, who is due back in court March 2, refused to talk about his case. His attorney said the plea deal came as a result of an agreement with prosecutors that the crime was more a case of theft than elder abuse.

Alameda County Deputy District Attorney Jerry Herman would not comment on the case.

The district attorney charged Ojeda, who left Chase in 2013, with three felony counts of financial elder abuse in December.

In early 2013, according to a police report, Ojeda, with the help of other tellers, made two cash withdrawals totaling $13,600 and later withdrew the exact amount of Magel's CD just two days after it matured, using it to purchase a cashier's check for $105,237 at the Chase Bank branch on First Street. That check was immediately split into two cashier's checks, one for $70,000 and the other for the remainder, which Ojeda deposited into his mother's bank account.

Magel's driver's license and debit card information were manually entered by the employees, and Magel was not present for the transactions, the report concludes.

In the report, Ojeda later admitted to investigators that he had taken the money but said that it had been a gift from Magel, whom Ojeda claimed had been present at the time of the transactions. Ojeda also told detectives he had used some of the money to invest in real estate, according to the report

According to Livermore police Detective Elaine Briggs, police and a Chase fraud investigator tracked the activity to Ojeda through his personal key code, which had to be put in for each transaction. Ojeda, she said, was able to cash in the CD using forged signatures, even though the checks required a manager's approval.

Briggs said supervisors had relied on Ojeda's word and likely overlooked the approval. Linda Magel is convinced other employees were involved in the scam, but Briggs said there wasn't enough evidence to charge any others.

As disturbing as the thefts were to Magel, equally so was the response she received from Chase, which initially denied any responsibility and wouldn't allow her to file a claim to get the money back. After Magel reported the crime to police, bank officials wouldn't allow employees to be interviewed by police without a Chase fraud investigator present, according to the police report.

Magel then filed an affidavit with Chase's claims department, and in July the bank denied the claim in a form letter saying too much time had passed for the funds to be eligible for reimbursement. Magel responded by filing a complaint with Department of Treasury and sent a letter to JP Morgan Chase CEO James Dimon threatening legal action. The following month, Chase refunded the money with interest, but Magel contends that the bank should have paid additional interest that would have accrued had the money been left untouched.

Local bank employees said they were not authorized to speak about the case. JP Morgan Chase officials said they would not comment on an active legal case but issued the following statement: "When we learned about the customer's concern, we investigated and worked with police. We reimbursed the amount with interest and apologized to the customer."

Full Article & Source:
Livermore case puts spotlight on elder abuse

Steve Miller: Pictures from The Vegas Voice Seminar on Guardianship Fraud

On Tuesday evening, July 14, The Vegas Voice sponsored a seminar on guardianship fraud at the Anthem Community Center in Henderson, Nevada.

Featured speakers included Vegas Voice publisher Dan Roberts, Vegas Voice Political Editor and columnist Rana Goodman, guardianship abuse victim Julie Belshe, and AmericanMafia. com columnist Steve Miller.

Over 150 Anthem residents attended to hear the speakers explain the new laws recently enacted to prevent guardian abuse, and to be cautioned that abusive guardians and their enabling Clark County Family Court judges and guardianship commissioner are still in office and may resurface to again bilk wealthy elderly residents of Anthem and other local retirement communities in the future, or as soon as news coverage of their crimes die down.

On Wednesday (today), the newly enacted Nevada Supreme Court Guardianship Committee will meet for the first time in Las Vegas and Carson City. Topics will include ways of preventing the local for-guardian industry from continuing to bilk the elderly, and how to prevent them from gaining power of attorney over wealthy elderly retirees lives with help from the family court. - SM

Steve Miller: Synopsis of First Meeting of Nevada State Guardianship Panel

I attended the first meeting of the commission on Monday on behalf of our family and many other victims. Chief Justice James Hardesty presided and all 25 commissioners were present either in person or telephonically. The victims were well represented with 8 families speaking during public comments and both KTNV Channel 13 ABS News and Las Vegas Review Journal present. Below are links to their reports, as well as Steve Miller’s report and pictures from the Review Journal of Judges William Voy, Cynthia Diane Steel, appointed to the commission for Clark (8th District) County and Nevada Supreme Court Chief Justice James Hardesty (l to r) and Washoe(2nd District) County Presiding Family Court Judge Frances Doherty and Elko (4th District) County Family Court Judge Nancy Porter.

The next meeting is set for August 17, 2015 from 1:30pm-4:30pm at the Clark County Regional Justice Center. The public is again invited. 

KTNV ABC News-Sparks Fly at First State Guardianship Commission Meeting 7/15/15

LasVegasReviewJournal-Ex Official of Clark County Guardianships says System "isn’t-bad" 7/15/15

State Guardianship Commission Holds First Meeting 7/14/15

AmericanMafia-Inside Vegas - Shafer's Cronies Elyse Tyrell And William Voy on Commission 7/6/15

Chief Justice Hardesty explained his objective with the commission is to rate all aspects of Nevada’s adult guardianship adjudication process versus national best practices and give it a grade and make recommendations on actions that will be taken to improve the system before they disband in December 2015. Does Nevada’s approach not meet, meet, or exceed national best practices for guardianship adjudication? There was discussion and comparison on how the courts manage guardianships across the districts represented. The disparity between Clark County’s approach and the rest of the state was concerning. Most of the members were given assignments to research the many topics discussed to present in the next meeting.

 Topics ranged from:
1)court management,
2)initial petition appointing guardian (PAG) requirements,
3)incognizance confirmation,
4)ward’s representation and protecting the best interests of both their person and estate,
5)criminal enforcement of fraud or wrongdoing by family court officials,
6)managing court notifications, deadlines and follow-up,
7)insuring timely and accurate initial inventories and annual accountings, and others.

Justice Hardesty stimulated a positive discussion on how cavalierly guardianships have been assigned, which fully remove the Wards civil rights and ability to protect their estates, yet the criminal court requires a much higher proof of wrongdoing to indict suspects. Judge Doherty presented a very poignant position that in the 2nd district they work with priority to protect the 1)family, 2)Ward’s property, and 3)the Ward’s rights. As hundreds have experienced in Clark County the last 20 years, family is seldom a priority and even less so when there are $100,000’s at stake.

To highlight that, Jared Shafer, current private professional guardian and former Public Guardian of Clark County, spoke last in the public comments. Judge Steel had been asked to leave the room as most of the public comments related to ongoing litigation in her court. Shafer demanded Judge Steel return to the meeting before he spoke as he claimed he had no cases before her. (Jared Shafer has 75 open cases, 43 of which are being heard by Judge Steel, 32 in probate.) Chief Justice Hardesty honored his request. Shafer immediately went on a tirade about how the press was misrepresenting him, “there’s never been a problem with the system”, and the real issue was with the whiney families as “they’re upset because they didn’t get their loved ones’ money”. Before he finished and exited the room he highlighted his good intentions the past 35 years and pointed out commission members Judge Voy and attorney Elise Tyrell would be happy to defend and speak for him. (Both, Elyse Tyrell currently and Judge Voy prior to becoming a judge, have represented Jared Shafer.) At the end of the meeting each panel member was asked to speak on their observations of the day and specific improvement actions they wanted the commission to take.  

Kan. couple sentenced for financial exploitation of disabled daughter

ATCHISON – (June 9, 2015) – An Atchison couple was ordered yesterday to pay restitution related to financial exploitation of their adult disabled daughter according to Kansas Attorney General Derek Schmidt.

Nancy Ann Thummel, 44, and Dennis Joseph Thummel, 48, the biological father of the victim, were ordered by District Judge Martin Asher to pay $308,518.55 in restitution to their dependent adult daughter. Asher also sentenced Nancy Thummel to 24 months probation with an underlying sentence of 12 months in prison and Dennis Thummel to 24 months probation with an underlying sentence of 30 months in prison.

The charges stemmed from an investigation by the Atchison Police Department, which revealed that between July 2007 and September 2012 the Thummels regularly withdrew money from their daughter’s bank account for their own personal spending including gambling, purchasing a car and other recreational vehicles. In April, Nancy and Dennis Thummel each pleaded guilty to one count of conspiracy to commit theft in amount greater than $100,000. Dennis Thummel pleaded guilty to additional charges that included three counts of mistreatment of a dependent adult and three counts of theft.

Assistant Attorneys General Robert Novak, Adrian Serene and Jackie Williams of Schmidt’s office prosecuted the case.

Full Article & Source:
Kan. couple sentenced for financial exploitation of disabled daughter

Thorner: White House Conference on Aging abuses elders by ignoring injustice

By Nancy Thorner - 

Several weeks ago Tom Field, a 25-year advocate of legal reforms for the elderly and for fixing what is a broken elder care system, reached out to me via a phone call from his home in Mantor, Ohio, to inquire whether I was interested in pursuing the topic in light of the upcoming 5th White House Conference on Aging scheduled for Monday, July 13, held once every decade since 1961. Field’s overture was initiated upon his reading of my July 9, 2011 article titled, "Allegations of Alleged Corruption and Abuse in the Probate Court Level in Cook County, IL." 

A positive response at the time to Tom Fields prompted me to write the following two articles, both of which were published at Illinois Review Article 1:  "Thorner:  Elder Justice Act under Obamacare fails seniors - Part 1" and  Article 2: “Thorner: White House Conference on Aging:  Will Elder Justice be addressed sufficiently?”

Having initially expressed doubt that anything worthwhile would be realized from the conference, it  became apparent that the question I addressed in the second article, "Will Elder Justice be addressed sufficiently?," was deserving of a big, fat zero, an opinion verified when Tom Fields shared this post-conference email:

This tweet sum up much of what can be reported about the conference: Shame on #WHCOA and its Elder Justice Panel for refusing to address abuse by legal professionals and professional guardians

Post Conference Disappointment and Anger

It can be concluded from other post-conference e-mail reports that Tom Fields and others did their best before the July 13th WHCOA, and during the conference itself, to address the current rampant abuse by legal professional guardians.  Mr. Fields, wishing he could have applauded the conference for doing so, instead encountered a conference that never touched upon the topic, the same having occurred in nearly every other such forum conducted by the administration's government. They include the Elder Justice Coordinating Council that was created by the Elder Justice Act (and mentioned during the conference); the Administration on Aging (and its parent, Health and Human Services); and the U.S. Senate’s Special Committee on Aging.

As Mr. Fields wrote in one of his e-mails:
"Not only did the WHCOA refuse to address such abuse, but it impeded efforts by myself and others from doing so.  How?  First by demanding that I stop circulating a handout at the regional forum which I attended, and second by refusing to share tweets which I and others sent during the conference."

In that the conference could and should have tried to help advocates like Tom Fields network with other advocates, it didn’t accomplish this. Instead, it pushed its own agenda, one which deliberately ignored the issue identified by the tweet noted above, further exemplified by this 3-minute ABC News video presented on-line, which the conference refused to play and discuss.

As the video is a mere three minutes long, it is inexcusable that three minutes wasn't allotted during the 50-minute Elder Justice Panel in a conference that lasted 7+ hours. Had the video been played, it would have demonstrated how current laws, including APS laws, failed to prevent a stroke victim from being taken advantage of in a hospital emergency room.

Why these laws failed in this case is discussed in this short, 2-page PDF file. The emphasis there is on the lack of a very simple mechanism, one based upon a checklist, needed in such settings to alert affected family members and authorities.  It would seem that no scam should be simpler to prevent than one which take place in the emergency room of a hospital, yet our government and professional associations have repeatedly proven themselves unequal to this task.

As to the history of the 3-minute video presented on-line by ABC News, it was initially posted by Tom Field at his own website in the aftermath of how his own father was similarly taken advantage of by a lawyer 25 years ago in a hospital just hours before he died of cancer, as testified by the doctor who had started him on a morphine drip and Do Not Resuscitate order.

The doctor's testimony is summarized here; it is also reproduced in full beginning at this site and linked there to the other evidence, including the testimony of the defendant and others involved in this incident, including several attorneys.  A brief summary of all this and more can be seen here.

Fields not alone in observing WHCOA indifference toward Elder Care and Reform

Tom Fields wasn't the only individual who had post-conference feelings of disappointment and angry because the WHCOA’s Elder Justice Panel didn't mention the rampant abuse by professional guardians and the probate system.  After all, this was an issue addressed prior to the conference!

Comments by Fields and others can be found here as displayed by the WHCOA, along with its Elder Justice Policy Brief.

An acquaintance of Tom Fields, who asked to remain anonymous, expressed these concerns after watching the entire White House Conference on Aging:

I was likewise disappointed/angry that the elder justice panel did not mention abuse by professional guardians and the probate system. The suggestions provided by the panel on how the banking industry and others could address financial abuse were unrealistic. 

Although the monograph on elder financial abuse developed by the WHCOA cited a family member as being the number one cause of financial abuse of an elder, the panel did not address how to handle this problem. Better trained prosecutors is a start, but won't help in the case of guardianships, as it is all after the fact. Further, if a family member tries to intervene and stop financial abuse, the probate judges, not wanting to take the time to sort things out, take the easy way out by appointing a professional guardian.

Elderly Guardianship Situation is a Disaster
Excellent insight was shared by Sam Sugar, M.D. with Thorner about the current Abusive Probate Guardianship situation via a telephone interview which Dr. Sugar willingly consented to on Wednesday, July 15.  Dr. Sugar, like Tom Fields, was an active participant in pre-conference activity and likewise followed closely the entire July 13th WHCOA event.

Sam J. Sugar, M.D. PC, heads "Americans Against Abusive Probate Guardianship” with members in 25 states.  His former position was as Attending Physician at the Pritikin Longevity Center in Doral Florida.  Prior to that he was Medical Director at Evanston Northwestern Healthcare in Evanston, Illinois.  Dr. Sugar graduated from the University of Illinois College of Medicine and is a Fellow of the American College of Physicians and a member of the Florida Medial Society.  He retired from active practice in 2013.

Per our conversation:  Dr. Sugar attended a Private Watch Party as the event was unfolding at the White House.  After tweeting the WHCOA dozens of times, Dr. Sugar concluded that the WHCOA was simply a political PR stunt, clarified when a woman speaking at the event noted how the same problems that existed 10 years ago still exist.  In fact, offered Dr. Sugar, the situation is much worse today. Noted was how the elderly guardianship situation is a disaster. With massive number of cases where the same "playbook" of litigation, medicate, isolate, take the estate is used by greedy lawyers and guardians. The cases predictably end up where both family and the elderly ward are losers.

According to Dr. Sugar, no one knows for sure how many wards there are nationally, but government estimates range between 1-1/2 and 3 million.  Sugar places the responsibility for this rampant copy-cat abuse, neglect, and exploitation at the footstep of the state judiciaries. Among the worst states for judicial guardianship abuse are:  Texas, Colorado, Nevada, and Florida.  As stated by Dr. Sugar:  “What is happening is an outright theft of an individual's entire estate under ‘color of law.’”  Furthermore, “the failure to protect elders is generated by the willingness of jurists to allow the weaponization of state laws.”   (Continue Reading)

Full Article & Source:
Thorner: White House Conference on Aging abuses elders by ignoring injustice

Effects of Psychiatric Drugs

These psychiatric drugs are not of small risk but instead cause massive changes in the way the brain functions. Long term studies have indicated that there are severe debilitating and sometimes fatal effects of these drugs. Possible negative effects were minimized or not even discussed at all. There are risks of long term psychological harm, physical harm, social harm and economic harm. Many of these drugs cause symptoms that can themselves be construed as mental illness.The probability of developing Parkinsons’ like symptoms is also great.  

NIDS - Neuroleptic Induced Deficit Syndrome:  
Neuroleptic Induced Deficit Syndrome (NIDS) can be caused by these medications which change in emotional awareness, sense of aliveness, and in the speed, and clarity of thought. The treatment effects felt by many people who have taken these medications are described as feeling like a zombie. Neuroleptic effect is present when the following features are observed:

1. Psychomotor Retardation – motor slowing, body not moving so well
2. Emotional indifference - not being emotionally responsive / not caring
3. Reduced initiative – not showing interest in initiating activity
4. Slowing of thought

As the dose of the medication increases, and more time elapses, it appears that the effects change – from sedative effects, into anti-psychotic effects, and possibly into other less desirable side effects; akathisia (restless leg syndrome), emotional parkinsonism (emotional blunting) and on into some other unwanted side effects. It is not uncommon when the first symptoms appear like apathy, emotional indifference, motor slowing or slow mentation that these were attributed to the underlying condition of the patient (the patient’s disease) when really they are the effects of the medication itself. A patient on these medications can initially demonstrate an improvement in symptoms only to later over time have that initial improvement go away or to only reach a certain point and then plateau or level off. There is also one more important one effect: neuroleptic dysphoria – which is like depression. When this happens when patients are often given even higher dosages of the drugs, leading to even more severe effects.

Many of the symptoms that are used to justify hospital treatment may actually be caused by the psychiatric medications given. So continuation of these medications only creates a self-filling prophecy that furthers the financial goals of the hospital institution and may cause further permanent brain damage.

The Real Truth about Outcomes on Psychiatric Medications

These  drugs, over time, produce these results:
a) They increase the likelihood that a person will become chronically ill.
b) They cause a host of debilitating side effects.
c) They lead to early death.  (Continue Reading)

Full Article & Source:
Effects of Psychiatric Drugs

Hidden camera catches abuse at nursing home; two arrested

Two arrested, nine suspended after families install “granny cams” at New Hope facility. 

Two nursing assistants at a New Hope nursing home have been fired and arrested, and nine others suspended, after family members used hidden cameras to uncover physical abuse.

The two fired employees at Saint Therese of New Hope face possible criminal charges after they were caught on camera allegedly abusing at least two residents. The home suspended nine other nursing assistants on suspicion they failed to report the abuse and used cellphones in residents’ rooms, according to a July 1 letter from Saint Therese obtained by the Star Tribune.

Family members who spotted bruises and cuts on their loved ones installed hidden cameras in their rooms. After watching the video, taken over several weeks, New Hope police on June 23 arrested the two former nursing assistants. The Star Tribune does not generally name suspects until they have been charged.

“They did things that I would not want done to relatives of mine if they were in a nursing home,” said Steven Sondrall, the city attorney, who has reviewed portions of the video. “Inappropriate conduct definitely occurred.”

The extent of the alleged abuse remains unclear. New Hope police declined to share the video and an incident report or to release the names of the alleged victims. In a letter to residents’ family members, Saint Therese referred to the conduct as “abusive” and cause for “great concern,” but provided no details of the misconduct.

“Of course this conduct is intolerable and contrary to all we stand for, which is why the employees involved were dismissed,” wrote Saint Therese campus administrator Dinah Kmetz in the July 1 letter to family members.

Barbara Rode, president and chief executive at Saint Therese, did not return calls seeking comment Tuesday.

Mother moved

Founded in 1968 and affiliated with the Catholic Church, Saint Therese owns four senior living communities in the Twin Cities. The Saint Therese foundation and its affiliates had revenue of $46 million in the 2014 fiscal year.

Frustrated by a lack of information, at least one family member already has taken action. On Monday, less than a week after learning of the alleged abuse, Sally Wright said she moved her ailing, 92-year-old mother to a new senior home in northeast Minneapolis.

Wright said she had in recent months spotted multiple bruises on her mother’s arms and legs; but had assumed they were the result of the inevitable bumping that occurs when she is moved in and out of her wheelchair and bed. But now, Wright said she is not sure the injuries were innocent. Her mother, who suffers from Alzheimer’s disease, is incapable of recalling events that occurred more than a day earlier and often struggles to craft complete sentences.

“My God, it’s a terrifying feeling to have a parent with Alzheimer’s in a facility where there is alleged physical abuse,” Wright said. “She can’t tell me if something is not right, and I can’t be there 24 hours a day … so I was left with no choice but to move [my mother]. The trust was gone.”

A rising trend

Although some states place limits on electronic surveillance for privacy reasons, family members increasingly are turning to hidden, round-the-clock cameras as a way to catch neglect and abuse in senior homes. The cameras, often referred to as “granny cams,” can be so small they go unnoticed by staff members. In New York, the placement of hidden cameras in the bedrooms of nursing home residents in 2008 led the arrest of 19 nursing home staff; footage showed workers chatting and watching movies rather than checking on patients.

“It is certainly fair to say that [cameras] are one tool that can be used to protect your loved ones,” said Iris Freeman, board president of the Minnesota Elder Justice Center and adjunct professor at the William Mitchell College of Law in St. Paul.

In this case, the hidden camera video footage was vital. The cuts and bruises were not proof of abuse, though family members felt they were too numerous to ignore, police said. Based largely on the videos, the New Hope police have recommended that both former nursing assistants be charged with mistreatment of residents.

The city attorney is awaiting the outcome of a state Department of Health investigation before filing charges.

“Without the video, it would have been a really difficult case,” said New Hope Police Capt. Scott Slawson. “This is a very vulnerable population and they are susceptible to injuries, and it’s always hard to say what the origins of some of those injuries are. … The video gives a very clear view of a slice in time.”

This marks the second time in less than a year that a Saint Therese facility has been investigated for alleged physical abuse. In early 2014, a staff member at Saint Therese at Oxbow Lake, in Brooklyn Park, slapped a resident who suffered from severe dementia. A witness to the incident told state investigators the staff member “laughed a little” after slapping the resident and then walked out of the room, according to a state report.

An investigation by the Department of Health found that the Saint Therese staff member, and not the facility, was responsible for the abuse.

Full Article & Source:
Hidden camera catches abuse at nursing home; two arrested

High praise for 'Perry's Law' and may those who prey on the elderly burn in hell

How hot is hell? If the answer is 10,000 degrees Fahrenheit, it's still not hot enough to inflict the deserved level of discomfort on those who prey on the elderly.

Perry Bitzel, 82, and a resident of Gilman HealthCare, has been subjected to a form of hell on earth ever since last summer, when it was discovered a family member had exploited him and robbed him of his life savings.

His grandson, Shawn Bitzel, made the discovery and contacted another family member, former Iroquois County Board member Susan Wynn-Bence, for guidance. It was quickly learned little could be done to get the money back, and there was little financial protection.

The suspected family member still does not face criminal charges in the case. But another avenue toward justice has been pursued, and considerable progress has been made.

Wynn-Bence, who now works for Illinois Lt. Gov. Evelyn Sanguinetti, arranged a meeting with a pair of local lawmakers, state Rep. Tom Bennett, R-Gibson City, and Sen. Jason Barickman, R-Bloomington, to explore what could be done to rectify the matter.

What has evolved from that initial meeting is Illinois House Bill 1588, more commonly known as "Perry's Law.'' It would enable families similar to Bitzel's family to directly proceed in civil court for justice without a criminal charge in place. Previously, such a charge had to be made before a family could turn to the civil courts.

The bill only needs the signature of Gov. Bruce Rauner to become law, and Barickman said he is confident the governor will sign it. Hopefully, Rauner will follow through, and if he needs a bit of persuading, consider this piece a nudge, and not only for the sake of Bitzel.

Studies show senior citizens throughout the United States lose a combined $3 billion every year to fraud. That's not enough to erase the massive debt the state of Illinois faces, but it is a huge amount of money, and indicates there are tens of thousands of victims out there.

Who exactly are these people? As Perry Bitzel's grandson, Shawn, said, "They are the ones who put up with more than we have today. They went through the Great Depression, the wars, the economy.''

In other words, many are part of what acclaimed journalist Tom Brokaw described as "the greatest generation,'' those who grew up during the deprivation of the depression and went on to fight and win World War II.

They are genuine heroes, a term you can't use to describe those who take advantage of them in their twilight years. Other words come to mind to identify these low lifes, many of which can't be printed in a family newspaper. How about turning the temperature up to 20,000 degrees when they reach their permanent residence?

 
Full Article & Source: 
High praise for 'Perry's Law' and may those who prey on the elderly burn in hell