Wednesday, March 8, 2017

Steve Miller: Grand Jury Indicts Four People at the Center of Private Guardianship Abuse Investigation

Today, the Grand Jury returned an indictment against April Parks, Mark Simmons, Gary Neal Taylor and Noel Palmer Simpson in a guardianship exploitation case that has been the focus of an ongoing investigation for activities ranging from 2011 through 2016.

The 123 page indictment explains how April Parks, owner of A Private Professional Guardian, LLC, her office manager, Mark Simmons, her husband, Gary Neal Taylor and her attorney, Noel Palmer Simpson, committed the crimes for which they were indicted. Those crimes include Racketeering (category B felony), Exploitation of an Older or Vulnerable Person (category B felony), Theft (category B and C felonies), Offering False Instrument for Filing or Record (category C felony) and Perjury (category D felony).

Although there were legitimate guardianship activities happening at the company, Parks and Simmons engaged in a pattern of conduct which was illegal and exploitive to the vulnerable people she was charged to protect. The indictment alleges that A Private Professional Guardian, LLC was run as a criminal enterprise, with the goal of maximizing profits at the expense of people they were charged with caring for, disregarding their duties to their wards and to the court.

The investigation, which was a cooperative effort between the Clark County District Attorney’s Office, the Nevada Attorney General’s Office and the Las Vegas Metropolitan Police Department has culminated in a multi-defendant indictment which includes a total of 270 counts on seven different felony charges.

Judge Jennifer Togliatti issued “no bail” arrest warrants for Ms. Parks and Mr. Simmons. The judge also issued an arrest warrant with a $200,000 bail amount for Mr. Taylor. A bail amount of $7,500 cash, or a surety bond, was set for Ms. Simpson, who was in court today, and she is scheduled to appear in court at a future date.

“Guardians are appointed to protect and serve their wards, who are some of the most vulnerable members of our community. They are entrusted with every aspect of that person’s life, including their health and finances,” said Clark County District Attorney Steve Wolfson. “These defendants were affiliated with a private guardianship business, not the Clark County Public Guardian’s office. This business was compensated for their services. These defendants took advantage of helpless individuals who did not have the ability to defend themselves. Today, with this indictment, we are moving toward holding these people accountable for their crimes and seeking justice for the victims.”

“I am proud of my investigators and prosecutors for helping deliver the most significant guardianship exploitation indictment in Nevada’s history,” said Attorney General Adam Laxalt. “Working alongside Sheriff Lombardo and D.A. Wolfson, the Attorney General’s Office presented, and the Grand Jury returned, an indictment of four co-defendants in a 270 count case for exploiting approximately 150 victims out of hundreds of thousands of dollars. This is an example of law enforcement collaborating on a trending public safety issue in our Las Vegas valley by aggressively combating guardianship exploitation. This indictment should send a message to court-appointed guardians throughout the state that law enforcement is committed to aggressively protecting our elderly and vulnerable populations.”

“These suspects used a position of trust and authority to prey on disabled and elderly people and systemically bilk them out of their life savings,” said Clark County Sheriff Joe Lombardo. “The victims were vulnerable and unsuspecting and deserve our protection. Today’s indictment speaks for those victims who are already suffering.”

Breakdown of charges:

April Parks (212 felony charges): one count Racketeering, 33 counts Theft (category B), 19 counts Exploitation of an Older Person, 18 counts Exploitation of an Older Person/Vulnerable Person, nine counts Theft (category C), 74 counts Offering False Instrument for Filing or Record and 58 counts of Perjury

Mark Simmons (134 felony charges): one count Racketeering, 30 counts Theft (category B), 19 counts Exploitation of an Older Person, 18 counts Exploitation of an Older Person/Vulnerable Person, eight counts Theft (category C), and 58 counts of Perjury.

Gary Neal Taylor (7 felony charges): one count Racketeering, 2 counts Theft (category B), 1 counts Exploitation of an Older Person, 2 counts Exploitation of an Older Person/Vulnerable Person, one count Theft (category C)

Noel Palmer Simpson (2 felony charges): one count Theft (category B) and one count Offering False Instrument for Filing or Record.
~SM

Las Vegas Grand Jury Indicts Nevada Guardian April Parks on More Than 200 Charges, Including Racketeering, Theft, and Exploitation

by Colton Lochhead
A grand jury indicted a for-profit guardian Wednesday on more than 200 charges that include racketeering, theft and exploitation, in a case that spans more than 150 victims.

April Parks faces 212 felony charges. They include: one count of racketeering, 42 counts of theft, 37 counts of exploitation of an older person or vulnerable person, 74 counts offering a false instrument for filing of record and 58 counts of perjury.

Judge Jennifer Togliatti issued a no-bail arrest warrant for Parks and her business partner, Mark Simmons. Simmons is charged with 134 felonies.

April Parks
Parks was one of the most active private professional guardians in Southern Nevada. She often acted as the surrogate decision maker for 50 to 100 elderly and infirm people, called wards, at a given time. As the guardian, Parks had full control of the wards’ finances, estates and even medical decisions.

Last year, she left Nevada, leaving dozens of wards behind and forcing the already overburdened Clark County Public Guardian’s office to step in to care for them.

Guardianship Judge Cynthia Dianne Steele issued a separate bench warrant for Parks’ arrest last summer after Parks failed twice to appear in court for one of the cases she abandoned.

Attorneys claimed Parks grossly overbilled her wards and called for a law enforcement investigation of her practices.

“This indictment should send a message to court-appointed guardians throughout the state that law enforcement is committed to aggressively protecting our elderly and vulnerable populations,” Nevada Attorney General Adam Laxalt said in a statement.

Laxalt and Clark County District Attorney Steve Wolfson both attended the indictment hearing.

Parks’ husband, Gary Neal Taylor, faces seven charges and Parks’ former attorney, Noel Palmer Simpson, was charged with one count each of theft and filing a false document.

This is a developing story. Check back for updates.

Source:
Las Vegas Grand Jury Indicts Nevada Guardian on More Than 200 Charges, Including Racketeering, Theft, and Exploitation

Breaking News from Nevada: Former Guardian April Parks and 3 Others Indicted!

LAS VEGAS (by Caroline Bleakley)  - Update: April Parks and Gary Taylor have were arrested Wednesday afternoon.

A Clark County grand jury has indicted four people in a guardianship exploitation case that extends over a five-year period.
The 123-page indictment includes a total of 270 counts and seven different felony charges against the four individuals. It's alleged they exploited approximately 130 victims out of hundreds of thousands of dollars.


April Parks, the owner of A Private Professional Guardian, LLC, her office manager, Mark Simmons, her husband, Gary Neal Taylor and her attorney, Noel Palmer Simpson are accused of racketeering, exploitation of an older or vulnerable person, theft, offering false instrument for filing or record and perjury.

The investigation was a cooperative effort between the Clark County District Attorney's Office, the Nevada Attorney General's Office and The Las Vegas Metropolitan Police Department.

According to a news release from the district attorney's office, although legitimate business was being done at Parks' business, "Parks and Simmons engaged in a pattern of conduct which was illegal and exploitive to the vulnerable people she was charged to protect."

"These suspects used a position of trust and authority to prey on disabled and elderly people and systemically bilk them out of their life savings," said Clark County Sheriff Joe Lombardo.

Source:
Grand Jury Indicts 4 in Major Guardianship Abuse Case

Metro Settles Conservatorship Claim

By Walter F. Roche Jr.

Metro Nashville has agreed to pay $10,000 to settle a suit filed in behalf of a ward whose assets were depleted by $157,850 thanks to a court appointed conservator now serving an 18 year jail sentence.

The suit in behalf of Donald E. Griggs charged that if the Metro Probate Clerk's Office had done its job of monitoring Griggs' conservatorship, John E. Clemmons would not have been able to steal the $157,850.

Clemmons had failed to file required annual reports, but the clerk took no action. March 2012 was the date when the first missed annual report was due.

Clemmons, 69, entered guilty pleas to charges that he stole over $1 million from estates and conservatorships in Davidson and Rutherford counties.

Paul Gontarek, who was appointed to replace Clemmons as Griggs conservatorship said that the settlement was the best course based on recent rulings in the case.

"Given the earlier court ruling, it did not make financial sense to pursue the claim against Metro," Gontarek said when asked about the settlement.

In agreeing to the settlement, Metro attorneys wrote that "the payment is not an expression or implied admission of responsibility on the part of Metro government and that the Metro government specifically denies all such claims for damages against it."

 Senior Judge Ben H. Cantrell ruled that the probate clerk could be held liable for failing to monitor Griggs case but he also concluded that Griggs could only recover amounts stolen by Clemmons after March of 2012.

"Any losses that occurred prior to that date cannot be attributed to the fault of the clerk's office," Cantrell wrote.

Cantrell also ruled against another claim filed by Gontarek in behalf of another ward on different grounds. In the case of William Link, Cantrell concluded that a statute of limitations barred any recovery.

Clemmons admitted to stealing some $500,000 of Link's assets. Clemmons had served as both a conservator and estate administrator for Link and his disabled daughter.

Gontarek is appealing the Link ruling.

Contact: wfrochejr999@gmail.com

Full Article & Source:
Metro Settles Conservatorship Claim

A Struggle Back to “Financial Independence” After a Brain Injury

While in a coma, Harvey lost his civil rights and all control over his own money, due to a court-ordered conservatorship. A durable power of attorney could have prevented this nightmare situation.

On a beautiful June day in 2009, Harvey was riding his motorcycle up the Pacific Coast Highway (PCH) in Malibu as he had many times before. He enjoyed the scenery and the feel of the open road. However, he has almost zero memory of this particular day.

As he neared the Malibu Pier, a woman driving a sedan ahead of him suddenly made an illegal U-turn — turning directly into his motorcycle. Thankfully, he was wearing a helmet that surely saved his life. The highway was shut down and Harvey was airlifted to UCLA hospital where he spent the next two months in a coma.

Harvey had suffered a severe traumatic brain injury (TBI) along with many physical injuries, and he would spend the next six months in hospitals. From UCLA he was transferred to Kindred Hospital in Culver City, and then to the Bakersfield Centre for Neuro Skills residential program.

It was in those first few weeks while Harvey was in a coma that his independence and civil rights would be terminated through a court-appointed conservatorship. 

Harvey and his wife Sheila had been married for 16 years and had a six-year-old daughter. Having been born into privilege, Harvey had considerable wealth that he had not co-mingled with his wife’s accounts. Additionally, Harvey and Sheila had never prepared a will, power of attorney, or health care directive. Harvey felt that he was a healthy 40-year-old, and he would handle those legal things when he was older.

Sheila and their daughter were living in their family home, where she was responsible for a hefty mortgage, even though she had limited access to Harvey’s money. She hired an attorney and applied for conservatorship of Harvey and his assets. The case was heard by Judge Reva Goetz — who has handled such famous conservatorship cases as Britney Spears and Mickey Rooney.

Sheila was denied conservatorship over Harvey because they had recently separated and were living under different roofs. Even though she immediately rushed to his side in the hospital and resumed her role as his wife, the court decided that they couldn’t be certain whether or not Harvey would want Sheila to have continued access to his money.

Eventually Harvey’s father and his attorney were awarded co-conservatorship and were able to pay general bills such as real estate and income taxes, utilities, groceries, etc. Harvey would eventually be awarded a monthly “allowance” to spend on whatever he wanted, making him feel like he was being treated like a child.

Once you’ve been put into a conservatorship, you can’t hire an attorney, so one is appointed for you by the court. This attorney is called a Probate Volunteer Panel (PVP) attorney. Harvey’s PVP attorney bragged at an initial meeting with Harvey and the family that she enjoyed causing friction between husbands and wives. She felt it was her duty to decide what was best for her client (Harvey) no matter what he or his family members might say to the contrary.

Harvey had a hearing every six months or so to monitor how things were going. He was supposed to be advised by his PVP attorney, however, she kept falsely telling the court that Harvey wanted a continuance of the conservatorship. Harvey wanted his wife Sheila to be conservator, but the PVP attorney would not allow it, and argued for the continued humiliation of the court-monitored allowance. 

At the hearings, the lawyers — which by this point consisted of an attorney for his wife, an attorney for his father, Harvey’s PVP attorney, and eventually a court-appointed attorney for his minor child (known as “guardian ad litem”) — and judge would talk about him as if he were a child (because basically without any of his rights, he sort of was) and they would never refer to him by name — only as the “conservatoree.” Harvey said it was very dehumanizing to be treated this way. 

As Harvey began getting better and better, it was becoming obvious that the conservatorship had to come to an end, but doing so was harder done than said. He had to have a “capacity declaration” performed by a physician. The problem is that when a large amount of money is at stake, doctors are reluctant to say yes, because if they said yes and he lost it all the next day, the doctor’s decision would be questioned.

Eventually Judge Goetz gave him the name of a specific doctor that she trusted. Harvey would endure two days of rigorous testing, and in January 2011, the doctor eventually wrote a declaration that Harvey was responsible enough to control his own life. In March of 2011 the judge terminated the conservatorship and Harvey was once again granted all of his civil rights. After the hearing was over, the court reporter approached Harvey and told him she had sat in on thousands of cases like his, and his was only the third one she had ever seen terminated — it is that rare to have a conservatorship overturned.

However, his nightmare did not end there.

The court-appointed PVP attorney was supposed to charge at a reduced rate; however, she solicited the judge to bill at her full rate, and was granted permission. This frustrated Harvey, as he felt the lawyer really never had his best interests in mind. Harvey had to file for separate counsel to fight the fee petition, which added two more attorneys’ fees. In addition to his PVP attorney’s fees, he also received a bill from his father’s attorney, the attorney who was acting as co-conservator, the guardian ad litem for his daughter, as well as his wife’s attorney — despite the fact that she had dropped her petition to be named conservator 18 months prior. Harvey had to pay legal fees, bonding fees, and mandatory accounting fees.

In total, this cost him just over $1 million dollars — all because Harvey did not know he should have a durable power of attorney for health care and financial matters — which created a situation where others took advantage of his health crisis.

Right after the conservatorship was lifted, Harvey told Sheila he wanted to go to Vegas and gamble…”because it was his money, damnit!” She looked at him and said, “NOT WITHOUT A WILL FIRST!” So in April 2011, Harvey wrote a holographic (handwritten) will in his own handwriting on a piece of paper that said, “Everything goes to my wife.” Shortly afterwards, he hired a law firm to implement all of their trusts, wills, power of attorney, etc.

Harvey wants everyone to understand the importance of having a durable power of attorney drawn up NOW, no matter your age or health because you never know when life takes a drastic turn like Harvey’s did. This durable power of attorney is a simple form you file with your attorney for a few hundred dollars, and it directs who is responsible for you and your estate should you become incapacitated. Had he had one, it would have saved him the humiliation of losing his civil rights, as well as causing his loved ones time and grief — and of course — $1 million in attorney and other fees.

Full Article & Source:
A Struggle Back to “Financial Independence” After a Brain Injury

Guardian blames nursing home operators for resident's injuries

CHARLESTON — An East Bank woman is suing nursing home operators, alleging their negligence brought about injuries to a resident.

Ester Bell, full guardian of Hobart Stafford, filed a complaint Feb. 7 in Kanawha Circuit Court against Golden Living Center-Glasgow, Beverly Enterprises Inc., et al, alleging they breached their mandated statutory duty to provide Stafford with his nursing home resident's rights.

According to the complaint, during different times and at different locations, Stafford was a resident at the defendants' facilities. As a result of the defendants' negligence, the suit says, Stafford suffered serious injuries resulting in pain and suffering, mental anguish and medical expenses.

The plaintiff alleges the defendants failed to provide a safe environment, adequate supervision and safety devices to prevent Stafford from injuring himself and failed to provide health care services in compliance with states laws and regulations and acceptable professional standards.

Bell seeks trial by jury, compensation for all damages, litigation costs and all other relief the court sees fit to award. She is represented by Andrew L. Paternostro, Jeff D. Stewart and Shayla M. Rigsby of The Bell Law Firm in Charleston.

Kanawha Circuit Court Case number 17-c-188

Full Article & Source:
Guardian blames nursing home operators for resident's injuries

Tuesday, March 7, 2017

State can’t be sued for selling property, euthanizing cat of man in its care, Maine’s top court rules

William Dean died before the conclusion of his four-year case, but now his attorney wants legislation to make the state accountable when ‘the duty of care is so grossly breached.’ 

William Dean plays the organ, an instrument he mastered without any lessons. His family retained his three organs after the state tried to sell them. Dean died in October at the age of 71, while his lawsuit against the state was pending.
William Dean plays the organ, an instrument he mastered without any lessons. His family retained his three organs after the state tried to sell them. Dean died in October at the age of 71, while his lawsuit against the state was pending. 2015 photo courtesy of the Dean family
 
ROCKLAND — The state is immune from liability for selling the waterfront house of a man in its care for well below its value, allowing another home he owned in Rockland to fall into disrepair, selling off his personal belongings and euthanizing his cat.

The Maine Supreme Judicial Court ruled Thursday in the lawsuit brought on behalf of William Dean against the Maine Department of Health and Human Services.

The ruling comes nearly four years after the original lawsuit was filed and nearly six months after the high court justices heard arguments on the matter. Dean has died since that hearing, succumbing to natural causes on Oct. 16. He was 71.

Cynthia Ann Dill, Dean’s Portland-based attorney, said Thursday that she respects the ruling but urged the Maine Legislature to expressly provide by statute that when the DHHS acts as a public guardian it is “accountable for damages caused when, as in this case, the duty of care is so grossly breached.”

Dean suffered from mental health issues throughout his life. Among other things, he had Asperger’s syndrome, an autism spectrum disorder that made it difficult for him to interact with other people.

He also was a musical savant. He never had a music lesson but was able to play a song if he had heard it once. His musical instrument of choice was the organ.

After his mother died, Dean had a mental health crisis and was admitted to the Dorothea Dix Psychiatric Center in Bangor in May 2012.

The Maine Department of Health and Human Services filed a motion on Sept. 5, 2012, in probate court seeking to be named his conservator and guardian. The state said that he was not competent to manage his properties, and that bills had not been paid, including property taxes.

Dean’s cousin Pamela Vose had offered to be conservator, but had a family medical emergency and asked that the state not appoint anyone else while she dealt with that situation.

However, the state filed for conservatorship without letting Vose know, contending there was “no suitable private party available and willing to assume such responsibilities.” A probate judge in Penobscot County approved the temporary appointment of the DHHS as conservator and guardian on Sept. 6, 2012.

Before the end of that year, the state put Dean’s Owls Head cottage and the Rockland family home up for sale, citing tax liens and other bills that had to be paid. He had inherited the properties when his parents died. In January 2013, the waterfront cottage in Owls Head was sold for $205,000, even though the town had the property – 1 acre with 100 feet of ocean frontage and the 1,000-square-foot, two-story cottage – assessed for tax purposes at $476,840.

The Maine Attorney General’s Office, which represents the DHHS in lawsuits, argued that the Owls Head property was not worth the taxable value because of problems with septic and water systems and because it was next to a property that was in deplorable condition.

According to court records, the state moved up the sale date of the Owls Head property by one day after the family found out about the sale and informed the DHHS it would seek a court injunction to stop the sale.

The state also tried to sell the Rockland home on Broadway, but a pipe burst during the winter when there was no heat and caused major flooding, which then led to mold throughout the home, making it uninhabitable.

Money from the sale of Dean’s assets paid for his care and went to his estate, the value of which dropped dramatically, according to court papers filed by David Jenny, Dean’s attorney. He said Dean had $654,000 worth of real estate that was free of mortgages in September 2012, but he was down to $20,000 in assets when he was released from Dorothea Dix in 2013 after less than a year under DHHS conservatorship.

Following his release, Dean rented one apartment and then another in Rockland.

In an October 2015 interview, Dean said the state’s decision to euthanize his longtime companion, a 10-year-old Himalayan cat named Caterpillar, bothered him the most.

Dean said he also was upset that the state sold his 2000 Cadillac Eldorado. The car was sold for $385, even though the book value was roughly $5,600.

Dean was aware the state was trying to sell the Owls Head property while he was in the hospital, but did not learn about the sale and the low price until after he was discharged. “I was not very happy about it,” he said.

Among the possessions that the state tried to sell but were retained when the family took legal action were Dean’s three organs. When asked in 2015 what he would like to come out of the legal proceedings, Dean had a one-word answer.

“Justice,” he said.

Claire Dean Perry, William Dean’s sister, originally sued DHHS on her brother’s behalf in May 2013.

“I feel absolutely devastated. I feel like a Mack truck went over me,” she said Thursday.

Dean Perry said she wanted a jury to hear the case and decide whether the state had acted improperly. She said the loss of the Owls Head home and the loss of the cat and car weighed down her brother in his final years.

“It permeated his whole being,” she said.

In December 2015, Justice Andrew Horton of the Maine Business and Consumer Court in Portland ruled that the lawsuit could go forward on the single issue of whether the state breached its fiduciary duty while it served Dean’s conservator in 2012 and 2013.

The DHHS appealed that lower court ruling. Assistant Attorney General Christopher Taub argued that the state is immune from liability under the Maine Tort Claims Act. He said there are exceptions to the immunity, but only when it is spelled out in other laws approved by the Maine Legislature.

The Supreme Court justices agreed, saying there is nothing in the state’s probate laws that waives immunity, even when the state serves as a conservator for someone in its care. 

Full Article & Source:
State can’t be sued for selling property, euthanizing cat of man in its care, Maine’s top court rules

Ohio Lawmaker Reintroduces Bill Aimed at Curbing Elder Abuse

COLUMBUS, Ohio (AP) — An Ohio lawmaker has reintroduced legislation aimed at curbing the abuse of senior citizens after the bill failed to pass last session amid criticism that it lacked funding.

State Rep. Wes Retherford's Elder Justice Act unanimously cleared the Ohio House last year, but it was stopped in the Ohio Senate after opponents testified that it was an unfunded mandate, The Hamilton-Middletown Journal News reported (http://bit.ly/2mkTCpO).

The bill would require the state Department of Job and Family Services to create and report on a registry to identify patterns of abuse. It would also establish a statewide Elder Abuse Commission to increase awareness of elder abuse and improve judicial response to elder abuse.

Under the bill, employees in financial fields would be required to report suspected elder abuse or elderly victims of financial crimes.

The bill had received support from the Ohio Attorney General's office. State Attorney General Mike DeWine submitted written testimony in both the Ohio House and Ohio Senate, indicating the bill "will complement our efforts and enhance the safety of Ohio's seniors."

His office started the Elder Justice Initiative in 2014 to increase prosecution of crimes against the elderly.

Opponent Antonia Carroll, the director of the Franklin County Office on Aging, testified in June 2015 to the Senate committee that the bill would add more workload without any additional funding.

Retherford, a Hamilton Republican, said changes have been made to the bill to address the issues raised.

Full Article & Source:
Ohio Lawmaker Reintroduces Bill Aimed at Curbing Elder Abuse

Florida man arrested in elder exploitation case

A Tampa, Florida, man has been arrested for elder exploitation for allegedly taking financial advantage of his aunt, a resident at an Alabama assisted living facility, according to the state attorney general's office.

Attorney General Steve Marshall announced the arrest Monday of Mitchell Alton Roddam, 60, for first-degree financial exploitation of an elderly person.

Roddam surrendered at the Jefferson County Correctional facility.

The attorney general's Medicaid Fraud Control Unit presented evidence to a Jefferson County grand jury resulting in an indictment dated Feb. 9 charging Roddam in the case.

Roddam obtained power of attorney over his 94-year-old aunt to handle her affairs when she entered an Irondale assisted living facility in June 2015. He allegedly misappropriated about $85,000 from that point through October 2016.

Attorneys for the facility contacted the Medicaid Fraud Control Unit, which initiated an investigation. Financial exploitation of an elderly person in the first degree provides that any person who breaches his or her fiduciary duty under a power of attorney that results in unauthorized appropriations of the person's property is guilty of a Class B felony if the unauthorized appropriations exceed $2,500.

Under the statute, a person is considered "elderly" if he or she is older than 60. A Class B felony carries a possible sentence of two to 20 years in the Alabama Department of Corrections.

The Attorney General's Medicaid Fraud Control Unit is tasked with investigating and prosecuting providers who file false claims to the Alabama Medicaid Agency. The unit's other major function is to investigate and prosecute allegations of abuse, neglect and financial exploitation of the elderly in skilled nursing and assisted living facilities.

Full Article & Source:
Florida man arrested in elder exploitation case