Tuesday, April 26, 2022

Deb Miller: Protect yourself against the 'family thief'

Facing the painful and unexpected reality that he had already been bilked of at least $30,000, Jerry had thought financial exploitation involved only scammers from some faraway place.

But those closest to us actually have far easier access to the information needed for financial exploitation because we know and trust them. Anyone with income or assets of any age can be a victim, according to Federal Trade Communication statistics.

Especially those who live on fixed incomes, like Social Security or SSI benefits, need to look out for their future well-being by planning for financial protection. 
 
Looking back, the fast pace of change had made it more difficult and frustrating for Jerry to handle his finances the way he used to. He neglected checking his bank statements and other account records. His wife had died less than a year before, and he was still sad and lonely.

Jerry’s lack of interest in financial paperwork had allowed his granddaughter Ana to clean out most of his bank account without his knowing it. He had always trusted her.

Without his permission, Ana had set up new credit card accounts in his name and run up high charges. She had a lot of computer savvy and took advantage of him and the merchants. She had no intention of paying for the credit card charges.

As many others have learned, the “family thief” can create online accounts that the victim is blocked from opening or reviewing because they don’t have the passwords.

Jerry didn’t want to face the reality that his granddaughter used illegal drugs and was always asking him for money. Ana justified her taking his funds along the lines of “you have it, I need it now, I’m taking it.”
 
Those with drug problems or even long-held family grudges can view their fraudulent actions as fair and appropriate.

Even when warned, family members often fall victim to the ploy for funds more than once.

When Jerry’s missing funds were discovered, the option of getting help from law enforcement was a serious step. He wanted to get his money back but was reluctant to pursue criminal prosecution for fraud and theft against Ana. She was already in trouble for stealing from the company where she worked.
 
Looking for light at the end of the tunnel, Jerry contacted West Virginia Senior Legal Aid and faced facts. The option of going to court for a financial exploitation protective order from civil court could provide protection that wouldn’t involve criminal proceedings. The protective order would keep Ana from contacting him or coming to his house and taking things, but it wouldn’t involve her going to jail.

Jerry realized he was a victim of identity theft and that the effects would likely go far beyond the present. The ramifications and headaches could show up for years. Higher insurance premiums and interest rates on loans and credit card accounts, as well as a bad credit score and record, were on the horizon unless he took care of cleaning up the problem. A family member offered to show him how to do that.

Sad to say, ignorance of protective measures and confusion about what’s happening actually increase the risk of financial exploitation.

West Virginians age 60 and over can get help to avoid financial exploitation or with other legal issues by calling West Virginia Senior Legal Aid at 800-229-5068. The staff attorney can provide assistance at no charge.
 
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Suspended Evansville lawyer disbarred for trust mismanagement, forgery, falsifying doc

Evansville attorney Jared M. Thomas has been disbarred by the Indiana Supreme Court for criminally mismanaging his trust account, forging a judge’s signature and falsifying at least one document.

Thomas was already under an order of interim suspension when the Supreme Court issued the per curiam decision, In the Matter of Jared M. Thomas, 21S-DI-16, on Thursday.

The justices found Thomas violated Indiana Professional Conduct Rules 1.15(a), failing to safeguard the property of clients and hold client property separately from lawyer property; 8.4(b), committing criminal acts; 8.4(c), engaging in dishonesty, fraud, deceit or misrepresentation; and 8.4(d), engaging in conduct that is prejudicial to the administration of justice.

According to the order, Thomas engaged in a check kiting scheme in which he wrote several checks from his trust account to his operating account and vice versa. His trust account became overdrawn and a $6,000 check that was owed to a client in a marital dissolution case was instead used to reduce the loss written off by the bank when it closed the account.

The Indiana Supreme Court Disciplinary Commission is investigating Thomas for several additional matters. As part of one of the investigations, Thomas admitted he fraudulently created a document purporting to order a sentence modification to a client and forged the presiding judge’s signature.

The order cited a prior discipline, Matter of Thomas, 111 N.E.3d 1013 (Ind. 2018), as an aggravating factor. The justices also found Thomas engaged in a pattern of misconduct that was illegal in nature.

“We have imposed severe sanctions in prior cases involving crimes of dishonesty, misappropriation of client funds, creation of fraudulent documents, or forging of signatures,” the order stated, citing Matter of Fraley, 138 N.E.3d 262 (Ind. 2020), Matter of Schuyler, 97 N.E.3d 618 (Ind. 2018), and Matter of Brown, 766 N.E.2d 363 (Ind. 2002). “Here, Respondent admits having done all of these things. These acts demonstrate Respondent’s unfitness to practice law, now or ever.”

According to his firm’s website, Thomas is a 2011 graduate of Valparaiso Law School and runs a solo practice in Evansville.

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World's Oldest Person, Kane Tanaka of Japan, Dies at 119 — Here's a Look Back at Her Incredible Life

Kane Tanaka died on April 19, according to Guinness World Records
 
By Jason Duaine Hahn

Credit: Kyodo via AP

The woman recognized as the world's oldest living person has died at the age of 119, according to Guinness World Records.

Kane Tanaka of Japan died on Tuesday, the record-keeping organization said on its website Monday. Tanaka had experienced recent health setbacks that caused her to be "hospitalized and discharged repeatedly," her family explained in a translated tweet a week before her death.

Earlier this year, Tanaka had celebrated her birthday with a message to her followers on Twitter.

"[Great achievement] Reached 119 years old," the translated tweet reads. "I was able to safely reach the age of 119!"

"I was able to come this far with the support of many people," her message continued. "I hope you will continue to have fun, cheerful and energetic."

According to Guinness, Tanaka was born prematurely on Jan. 2, 1903, which is notably the same year the Wright brothers flew the world's first successful motor airplane.

In January 1922, she married her husband, Hideo Tanaka, whom she hadn't met before their wedding day, the organization said. They went on to have four biological children and adopted a fifth.

While Hideo served in the Second Sino-Japanese War, Tanaka helped run their family business, which involved making sticky rice, Udon noodles and desserts. Her first son, Nobuo, later fought in World War II and was held captive by the Soviet Union until 1947.

In a tweet on Monday, Guinness confirmed Tanaka was the second oldest person on record.

"She became the oldest living person in January 2019 at the age of 116 years and 28 days," they tweeted. "She is also the second oldest person ever recorded, behind only Jeanne Calment who lived to the age of 122." 


The world's new oldest living person is now Sister André, a French nun who is 118 years and 73 days old, Guinness announced. Sister André also holds the distinction of being the oldest survivor of COVID-19.

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Monday, April 25, 2022

Guardian Advocates work to prevent abuse, neglect of seniors, others

by Ken de la Bastide

ANDERSON — For the past four years, a group of local volunteers has provided services to protect seniors and the at-risk population.

Local attorney John Longnaker formed Guardian Advocates in 2018 after being asked by three senior citizens to become their legal guardians.

“It got to the point where we couldn’t care for more seniors,” he said. “That’s when we decided to start the organization.”

The state started a pilot program a decade ago, and now there are 20 organizations providing services in 50 Indiana counties, he said.

“We’re there to prevent exploitation, abuse and neglect of senior citizens or adults that are at risk,” Longnaker said.

The guardianships are established by a local judge, and quarterly reports are required at the county and state level about the number of clients being provided with services.

This Thursday, April 21, Guardian Advocates is hosting an open house from 4 p.m. to 6:30 p.m. at the Anderson Public Library to encourage people to volunteer.

The library’s at 111 E. 12th St.

“We’re providing services for folks that don’t have anyone to look out for their interests,” Longnaker said. “In some cases, there is no family members or family residing in Indiana that can help with medical care and fiscal matters.”

He explained volunteers are matched with a client and are expected to visit at least once monthly.

“The program is modeled after the CASA (Court Appointed Special Advocates) program, where one volunteer is matched to one person in need of services.”

Guardian Advocates recently expanded from Madison County to provide services in Delaware and Grant counties.

“We get referrals from Adult Protective Services or from hospitals that are discharging patients,” he said.

The first step is a local advisory group has to approve the application through the courts for a legal guardian to be appointed.

Longnaker said the advisory group considers medical, financial and legal issues before accepting a client into the program.

Each volunteer is required to fill out a monthly visit report that includes any change in medications or emergency calls.

Barb Marshall, client care coordinator, said there is a need for volunteers, donations and referrals of people in need.

Marshall said COVID-19 had an effect on the number of people who were volunteering, but that the numbers have been increasing recently.

There are 18 current volunteers, and 26 clients are expected by the end of May.

Longnaker said the Guardian Advocates has received a $56,000 grant from the state and has matching funds of $26,000.

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Elder Abuse, Neglect, and Exploitation

Elder Abuse/Neglect/Exploitation

More than 73,000 older adults in Michigan are victims of elder abuse. They experience abuse, neglect, and exploitation. The symptoms and treatment of elder abuse are complex and demand a concerted effort to tackle this often unrecognized and unreported social problem. That’s why we brought together dozens of different organizations to work collaboratively to tackle the challenge.

Elder Abuse Resources: 800-24-ABUSE (22873)

Woman charged with elder abuse after fight with grandmother

Andi Daniel Wichmann
By ELIZABETH SUMMERS

A Grant woman remains behind bars at the Marshall County Jail after police say she was in a fight with her grandmother. 

Grant Police and Sheriff’s Office deputies responded to a domestic violence call on Starnes Loop Road in Grant on Wednesday, April 20. 

When they arrived, they determined Andi Daniel Wichmann, 39, of Grant, had been in a confrontation with her 78-year-old grandmother. Both women live on the property, but not in the same building, according to officers.

“Wichmann had apparently thrown furniture into the front yard and even urinated on the front steps prior to law enforcement’s arrival,” said Marshall County Sheriff’s Office Chief Deputy Steve Guthrie. 

The unidentified grandmother did not suffer any injuries in the confrontation. Officers and deputies did give her information on how to secure an order of protection against Wichmann, Guthrie said. 

Wichmann was placed into handcuffs and allegedly attempted to bite the arresting deputies as she was taken into custody. 

She was charged with third-degree domestic violence, resisting arrest, elder abuse and third-degree neglect. 

She is currently held in the Marshall County Jail under $13,500 bond.

Guthrie said anyone who suspects elder abuse or neglect should not hesitate to call the Alabama Department of Human Resources Adult Protective Services department.

The mission of the Adult Protective Services division is to support and enable county departments to protect elderly and disabled adults from abuse, neglect and exploitation and prevent unnecessary institutionalization.

Call 256-582-7100 for more information or to make a report. 

“Anyone can make a report … neighbor, relative, fellow church member,” Guthrie said. 

“You don’t have to wait for the police to show up to make a report. 

“Notify someone and get the help you need as quickly as possible.”

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Sunday, April 24, 2022

Former Paralegal for Chicago Law Firm Charged With Embezzling Bankruptcy Estate Funds

Department of Justice
U.S. Attorney’s Office
Northern District of Illinois

FOR IMMEDIATE RELEASE
Thursday, April 21, 2022


Former Paralegal for Chicago Law Firm Charged With Embezzling Bankruptcy Estate Funds

CHICAGO — A former paralegal for a Chicago law firm has been indicted for allegedly embezzling more than $600,000 from bankruptcy estate accounts.

BECKY LOUISE SUTTON fraudulently embezzled the funds from 2009 to 2018 while working on bankruptcy matters at the law firm, according to an indictment returned Wednesday in U.S. District in Chicago.  Sutton orchestrated the fraudulent transfers of bankruptcy funds from fiduciary bank accounts intended for creditors to accounts Sutton controlled, including her personal bank account, credit card account, student loan account, and mortgage account, the indictment states.  In one instance, Sutton used a company with a name similar to a true creditor to disguise her fraudulent diversion of the funds, the indictment states. 

The indictment charges Sutton, 66, of Austin, Texas, and formerly of Park Forest, Ill., with three counts of wire fraud and three counts of embezzlement from the estate of a debtor.  The indictment seeks forfeiture from Sutton of $611,263 in alleged criminally derived proceeds.  Arraignment in federal court in Chicago has not yet been scheduled.

The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI.  Valuable assistance was provided by the U.S. Trustee Program.  The government is represented by Assistant U.S. Attorney Kartik K. Raman.

The public is reminded that an indictment is not evidence of guilt.  The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. 

Each wire fraud count is punishable by up to 20 years in federal prison, while each embezzlement count carries a maximum sentence of five years.  If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.

Source:

Owensboro judge ousted from office for multiple violations of judicial conduct rules

by Andrew Wolfson 


A family court judge from Owensboro who allegedly destroyed evidence and called the presiding judge when her son was charged with assaulting her has been removed from office.

Judge Julia Hawes Gordon also held court late into the night, sometimes requiring parents and their children to appear after midnight. 

And when a treatment center refused to test defendants for drugs, Gordon had her staff do so, despite their lack of training, and they put urine samples in the same refrigerator where they stored their lunch.

On Friday afternoon, the Judicial Conduct Commission issued a unanimous decision, ordering Gordon’s ouster from the bench.

“This case does not involve one or two isolated occurrences, but instead involves Judge Gordon’s pattern of misconduct and her repeated exercise of extremely poor judgment and her engagement in profoundly unwise action — on and off the Bench — that continued for years” the commission said in a 25-page opinion and order.

The panel said Gordon’s misconduct continued even after she learned she was the subject of a massive complaint.

“Judges should maintain the dignity of judicial office at all times, and avoid both impropriety and the appearance of impropriety in their professional and personal lives,” the commission said. “They should aspire at all times to conduct that ensures the greatest public confidence in their independence, impartiality, integrity, and competence.”

The commission said Gordon “failed in essentially every respect of this fundamental rule applicable to all judges.”

Gordon had already been suspended in December.

The commission said Gordon could have been disqualified based just on the first count of the complaint — that she sought to influence the amount of the bond in the case against her son and destroyed evidence against him.

The panel said that constituted misconduct in office and violated eight sections of the judicial canons of conduct.

The agency also said she violated ethics rules by appointing a criminal defense lawyer who represented her son as a guardian ad litem, allowing him to win fees.


And it said she tried to use her influence with the county jailer to win favorable treatment for her son.

The commission found by a 6-0 vote that Gordon violated five of the six counts of the complaint.

In a story in December, The Courier Journal reported Gordon told the agency in a letter that "she was acting as a mother" when she tried to help her son.

In a written response to the complaint, however, she acknowledged some of the allegations, including several involving him.

"As painful, embarrassing and expensive as this investigation has been, it has caused Judge Gordon to gain many insights that she respectfully submits will make her a better judge,” her lawyers said in the response.

"Judge Gordon has gained a clearer understanding of the reality that she is always a judge — on and off the bench. This is true even when she is acting as the parent of an addicted child with severe mental health issues, and even when she is a crime victim at the hands of that child."

Gordon, 42, who hails from an influential Owensboro family (a park and golf course are named for former Mayor Ben Hawes, her great uncle) was elected to her first term in 2016. 

She was Daviess County’s first family court judge, and filed for re-election in November.

In response to a request for comment, her lawyer, Kent Westberry, said: "We are disappointed and disagree with this decision. We are currently reviewing it carefully and after that review we will decide our steps going forward."

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DeKalb County man sentenced for exploiting elderly aunt

Dwayne Jervis (DeKalb County Jail)

A DeKalb County man convicted of stealing thousands of dollars from his elderly aunt has been sentenced to spend a year behind bars.

Thursday, a DeKalb County Superior Court judge sentenced 41-year-old Dwaine Jervis to one year in prison and nine on probation.

According to officials, Jervis began exploiting his now-91-year-old aunt Elfreda Henry in 2016 when she sold her New York home after her husband died.

Investigators say Jervis convinced his elderly victim to move down to Georgia to live with him. After she added his name to her back accounts, police say he took over $90,000 from her in less than a year and a half.

The investigation began in 2017 when Chase Bank froze Henry's account due to all the withdrawals and contacted police. 

After searching for Henry, officers found her living with a family friend. She told them her grand-nephew had suddenly moved her out and left her alone.

Jervis represented himself at trial and claimed that he was taking the money to buy Henry a house in Jamaica, however, he did not give any evidence.

A jury found him guilty of exploitation of an elder person, theft by taking by a fiduciary, and another count of theft by taking.

Along with serving time, Jervis was ordered to pay Henry $70,000 in restitution and is prohibited from visiting her home.  

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