Saturday, May 21, 2022

Delay in trial of disbarred Cobb County attorney accused of killing mother

Richard Merritt (Georgia Department of Correction)


COBB COUNTY, Ga.
- The trial of a disgraced former Cobb County attorney who is accused of killing his own mother has been delayed yet again.

Richard Merritt was charged of malice murder, felony murder, aggravated assault and possession of a knife during the commission of a felony.

DeKalb County Superior Court Judge Courtney Johnson has ordered the Georgia Bureau of Investigation to do more testing on hair samples found at the scene.

The 48-year-old's trial was already delayed once due to the COVID-19 pandemic. 

In 2017, the FOX 5 I-Team investigated how more than a dozen victims said Merritt stole their settlement checks after handling their personal injury lawsuits.

In January 2019, a Cobb County judge sentenced Merritt to 15 years in prison for stealing more than $454,706 from 17 different clients. Merritt was given two weeks to get his affairs in order.

The day he was supposed to turn himself in, his 77-year-old mother cooked him his last family meal. Then with plates still on the table, and pots on the stove, police said Merritt brutally murdered her and then went on the run. 

The FOX 5 I-Team was there soon after Merritt was caught by U.S. Marshals in Tennessee. He was returned to DeKalb County and later transferred to a state correctional facility.

Merritt is serving 15 years for violating his probation on top of his 15-year sentence for theft and exploiting the elderly.

Jury selection was scheduled to being at 9 a.m. Monday. No word on a new date yet. The trial is expected to last a week.

Full Article & Source:

Pahrump: Domestic Incident Ends With Arrest Of Terrie Janz-Moore

 

A domestic violence call in Pahrump ends with the arrest of one woman. Brad Francis tells us what happened.

Source: 

Friday, May 20, 2022

Wendy Williams Scores Victory In Wells Fargo Battle, Court Appoints Guardian Over Her Fortune

Source: mega

By:Ryan Naumann

Wendy Williams scored a huge victory in her battle against Wells Fargo over access to her fortune.

Sources close to the 57-year-old entertainer revealed to The Sun that the court has appointed a financial guardian over her bank accounts. 

As Radar previously reported, Williams sued the bank claiming they froze her accounts after her former financial advisor Lori Schiller had raised concerns of potential “financial exploitation.”

In court, Williams claimed she fired Schiller due to “malfeasance in relation to [Williams’] accounts and” her improper conduct in relation to their professional relationship.

Williams demanded the bank allow her to use her money but they refused. Wells Fargo asked the court to appoint a guardian before and money was released.

“To summarize without divulging too much on the public record, Wells Fargo has strong reason to believe that [Williams] is the victim of undue influence and financial exploitation. [Williams] is an established client of Wells Fargo and notably, 15 years with the particular financial advisor, a 23-year veteran of the financial services industry with an unblemished record.”

The bank said, “Wells Fargo is relying not only on reports of the financial advisor, who has recently witnessed telltale signs of exploitation, including [Williams’] own apprehensions but also upon other independent third parties who know [Williams] well and share these concerns.”

The case was sealed earlier this year.

Now, sources have told The Sun that “the guardianship process is complete, which means the court appointed a financial guardian.” The decision

The next step will be Williams and the guardian working with the court on a plan to access the funds.

The outlet reports Wells Fargo has been removed from the case. The bank will have to follow the instructions given by the new guardian. 

An insider close to Williams said the guardian who was appointed has experience with managing finances. The entertainer has yet to be given access but that could change in the next two months.

Sources also made clear that the guardianship Willams has is not a conservatorship like Britney Spears was placed under.

Aside from the legal drama, Williams has been causing a stir with public comments about her replacement Sherri Shepherd and her plans to return to her talk show — which execs have claimed is impossible due to Shepherd already having a contract. 

Full Article & Source:
 
See Also: 
 
 

Madison county man sentenced for financial exploitation of family member

(Source: MGN)(MGN)

LINCOLN, Neb. (KOLN) - A 50-year-old Jackson man was sentenced in Madison County District Court on Tuesday for financially exploiting his father.

Judge Mark Johnson sentenced Doug Janssen to 90 days in jail and two years’ probation. He also ordered Janssen to pay more than $20,000 in restitution.

Janssen had earlier pleaded guilty to one count of Unauthorized Use of a Financial Transaction Device, a Class IV felony. Janssen faced a maximum of two years in prison. Janssen’s jail time could be waived if he successfully completes the terms of his probation.

Janssen had served as the conservator of his father’s property while his father had been a resident of the Eastern Nebraska Veterans Home in Norfolk. Between September 2015 and December 2018, Janssen converted $20,252.94 of his father’s money and credit for his own use. Janssen has repaid the money, which will go toward his father’s last expenses.

The matter was investigated by the Medicaid Fraud and Patient Abuse Unit of the Nebraska Attorney General’s Office and was prosecuted by Assistant Attorney General Mark Collins.

Full Article & Source: 

Thursday, May 19, 2022

‘Poverty-level wages’: California workers fight to reform nursing homes

Union pushing for proposal to create board to oversee industry in wake of pandemic that has decimated staffing
 
An SEIU 2015 rally announcing Put Care First initiative in Sacramento, California, on 28 March. Photograph: Photo by Robert Durell/SEIU Local 2015

by Michael Sainato
 
Jesus Figueroa Cacho, a certified nursing assistant of the Sacramento, California area, has worked in the nursing home industry for about 25 years.

She consistently works 16 hour long shifts, 60 to 80 hours per week, often working through breaks and not getting paid overtime because she works night shifts and overtime accrual resets at 1am every day, in the middle of her shifts. Figueroa Cacho said her facility is severely understaffed, often with just two nurses to care for about 50 patients.

“I come home exhausted, I have to drive 40 miles to come to work. This is by choice because I love my residents, I love my work, but I have two hours just to get home, and have very little time to sleep before I have to get right back to work,” said Figueroa Cacho.

During the Covid-19 pandemic, her employer had staffing help from the national guard and staffing agencies, but that contributed to many workers quitting as they were paid much more than permanent staff, who receive just above minimum wage.

“We would like to address poverty level wages. If I don’t work 16-hour shifts, I can’t pay my rent,” said Figueroa Cacho. “I have a son in college. My son was denied last semester because I didn’t have enough funds to pay for his school. This is devastating. We need to be paid for our work.”

Now the Service Employees International Union (SEIU) Local 2015, which represents 400,000 nursing home and home care workers in California, the largest long-term care union in the US, is advocating for a proposal to create a statewide Quality Standards Board to oversee the state’s nursing home industry in the wake of the pandemic that has decimated staffing in the industry.

The board would include 16 seats, with 10 seats from state agencies, two workers, two seats representing advocates and families, and two representing employers. The board will have authority to set minimum standards for wages, benefits and working conditions for the nursing home industry in California.

It follows similar pushes to establish industry oversight boards with worker representation in the fast-food industry in California and the nail salon industry in New York.

According to April Verrett, president of SEIU Local 2015, the board, which was proposed by the union with the California state senator Henry Stern and assembly member Miguel Santiago, is being advocated for inclusion in the next California state budget, which is currently undergoing hearings in the state legislature before the next fiscal year begins on 1 July.

“Our members are wanting to make sure that we address a longstanding crisis in our state’s nursing homes as it relates to making sure the quality of care is what residents in the facilities deserve, that families can count on, and that we once and for all get to the root cause of why people leave this industry,” said Verrett.

Verrett added: “They want to make sure that as we approach how we fix this crisis, workers have a seat at the table so they’re able to be a part of creating real solutions so we have a long-term care system that provides the highest-quality care for residents, but also ensures that the workforce receives the dignity, respect and the compensation they deserve.”

A poll conducted by the union of workers in the nursing home industry found half of nursing home workers are likely to leave their job within the next year, citing severe staffing shortages and low pay.

In 2020, there was a turnover rate of over 50% in California’s nursing home industry. The skilled nursing industry in the US has lost 241,000 jobs since the pandemic began, 15.2% of the industry’s total workforce,

During the pandemic, nursing homes were among the hardest hit by infections and deaths for residents and workers, accounting for 31% of all Covid deaths in the US as of 30 June 2021.

SEIU Local 2015 holds vigil for nursing home workers who died after contracting Covid, in Sacramento, on 28 March. Photograph: Robert Durell

According to SEIU Local 2015, more than 82,000 nursing home workers in California contracted Covid-19 during the pandemic, and 247 workers died.

“The Quality Standards Board is one of the best things for a long time coming because it gives ordinary workers an opportunity to sit on such a board who has real life experience in what happens in these fields,” said Robert Oriona, a nursing home worker in the Los Angeles, California, area.

Oriona noted his nephew makes more than he does working in fast food, and his employer has offered measly wage increase proposals of 1.5% that will be canceled out when the minimum wage in Los Angeles increases in July 2022 to about $16 an hour. He also frequently experiences verbal and physical abuse from residents who don’t have enough staff to properly care for them, faulty equipment and poor benefits.

“We’re asking for help. Patient minimums, better wages, better benefits, and we need everyone out there to know what goes on in these facilities,” added Oriona.

Charisma Elok, a rehab assistant for seven years at a nursing home in the Los Angeles area, cited that staff at her facility had dwindled during the pandemic, amid Covid outbreaks, low pay and short staffing

She had to fight to be paid after contracting Covid on the job early on in the pandemic, has worked with inadequate personal protective equipment, and her facility often can’t handle the number or type of patients they admit due to understaffing and not having the properly trained staff to care for patients with high needs, such as residents suffering from dementia or Alzheimer’s.

“These nursing homes, they look at patients as dollar signs on their head, because why are you accepting a patient that you cannot provide adequate quality of care for?” said Elok.

Full Article & Source:

Former Bank Branch Manager Sentenced To Prison For Tech Support Fraud Scheme That Exploited The Elderly

Department of Justice
U.S. Attorney’s Office
Southern District of New York

FOR IMMEDIATE RELEASE
Wednesday, May 4, 2022


Former Bank Branch Manager Sentenced To Prison For Tech Support Fraud Scheme That Exploited The Elderly

 

Technical Support Scheme Deceived Victims Across the United States and Canada, Many of Whom are Elderly, into Paying for Phony Computer Repair Services

Damian Williams, the United States Attorney for the Southern District of New York, announced that defendant ARIFUL HAQUE was sentenced to one year and one day in prison for participating in a technical support fraud scheme.  This conspiracy exploited victims, including elderly victims, by remotely accessing their computers and convincing victims to pay for computer support services that they did not need, and which were never actually provided.  As part of this scheme, HAQUE registered a purported technical support company, which defrauded more than 100 victims located across the United States and Canada.  HAQUE previously pled guilty before U.S. District Judge Paul A. Crotty, who imposed today’s sentence.

U.S. Attorney Damian Williams said:  “Ariful Haque participated in a conspiracy that caused pop-up windows to appear on victims’ computers—pop-up windows that claimed, falsely, that a virus had infected the victim’s computer.  Through this and other misrepresentations, this fraud scheme deceived scores of victims across the country into paying hundreds or thousands of dollars to the perpetrators for computer support services they did not need.  Thanks to our partners at Homeland Security Investigations, this scheme has been dismantled and another participant has been sentenced to prison.”

According to the allegations contained in the Superseding Information, court filings, and statements made in court:

From approximately November 2017 through June 2019, HAQUE was a member of a criminal fraud ring (the “Fraud Ring”) based in the United States and India that committed a technical support fraud scheme that exploited score of victims located across the United States and Canada, including in the Southern District of New York.  The Fraud Ring’s primary objective was to trick victims into believing that their computers were infected with malware, in order to deceive them into paying hundreds or thousands of dollars for phony computer repair services. 

The scheme generally worked as follows.  First, the Fraud Ring caused pop-up windows to appear on victims’ computers.  The pop-up windows claimed, falsely, that a virus had infected the victim’s computer.  The pop-up window directed the victim to call a particular telephone number to obtain technical support.  In at least some instances, the pop-up window threatened victims that, if they restarted or shut down their computer, it could “cause serious damage to the system,” including “complete data loss.”  In an attempt to give the false appearance of legitimacy, in some instances the pop-up window included, without authorization, the corporate logo of a well-known, legitimate technology company.  In fact, no virus had infected victims’ computers, and the technical support phone numbers were not associated with the legitimate technology company.  Rather, these representations were false and were designed to trick victims into paying the Fraud Ring to “fix” a problem that did not exist.  And while the purported “virus” was a hoax, the pop-up window itself did cause various victims’ computers to completely “freeze,” thereby preventing these victims from accessing the data and files in their computer—which caused some victims to call the phone number listed on the pop-up window.  In exchange for victims’ payment of several hundred or thousand dollars (depending on the precise “service” victims purchased), the purported technician remotely accessed the victim’s computer and ran an anti-virus tool, which is free and available on the Internet.  The Fraud Ring also re-victimized various victims, after they had made payments to purportedly “fix” their tech problems.

The Fraud Ring operated through at least 15 fraudulent entities.  In November 2017, HAQUE registered one of these fraudulent entities in New York State.  HAQUE’s entity defrauded more than approximately 100 victims as part of this scheme.  As part of his involvement in the fraud, HAQUE opened U.S. bank accounts to receive funds from victims, deposited victim checks, received a victim complaint, and repeatedly provided a co-conspirator in India (“CC-1”) with authentication codes so that CC-1 could wire funds out of these bank accounts.  HAQUE, a former bank branch manager in New York City, also tried to use his banking experience to further the scheme, including by advising CC-1 that it was “[n]ot a good idea to deposit” certain checks, some of which would risk the involvement of “the Feds.”  Moreover, on occasion, HAQUE also assisted another co-conspirator (“CC-2”), who had registered a different fraudulent entity that was part of the Fraud Ring, as well.  In total, as he admitted in his plea agreement, HAQUE is responsible for losses exceeding $600,000.

*                *                *

In addition to his prison term, HAQUE, 36, of Queens, New York, was sentenced to three years of supervised release, forfeiture of $38,886.32, and restitution of $470,672.16.

HAQUE’s co-defendant, Romana Leyva, was previously sentenced to 100 months in prison, three years of supervised release, forfeiture of $4,679,586.93, and restitution of $2,707,882.91.

Mr. Williams praised the New York Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”)’s El Dorado Task Force, Cyber Intrusion/Cyber Fraud Group for its outstanding work on the investigation.  Mr. Williams also thanked the New York City Police Department for its assistance on this case. 

This matter is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant United States Attorneys Michael D. Neff and Jilan J. Kamal are in charge of the prosecution.

Source:

Dead woman found in filthy home hadn’t had prescriptions filled in years, AL cops say

By Tanasia Kenney
 
The husband and daughter of an Alabama woman found dead in her living room in March have been charged with elder abuse, according to the Valley Police Department. Getty Images

A 72-year-old woman’s prescriptions went unfilled for years and she was living in “deplorable” conditions before her body was found earlier this year, according to Alabama authorities. 
 
Now her husband and daughter are behind bars on elder abuse charges. 
 
Walter Alfred Hawkins, 74, and Christy Lee Hawkins, 45, were arrested Wednesday, May 18, and charged in the death of 72-year-old Janice Ramsey Hawkins, according to the Valley Police Department. Their arrests come months after Janice Hawkins was found dead in the living room of the family’s home in Valley, a town of around 10,000 on the Georgia-Alabama line.

Officers were called to the home on 24th Avenue on March 16 and found the woman’s body inside, police wrote in a news release. The home’s condition and the condition of Hawkins’ body prompted an investigation, police said. 
 
“Investigations found that Hawkins had not been seen by a doctor since 2019 and that none of her prescriptions, she had nine different medications, had been refilled since 2018,” authorities wrote in the release.

Her remains were taken for an autopsy, which showed Hawkins died as a result of “Failure to Thrive associated with complications of diabetes,” police said. The Failure to Thrive ruling stemmed from the findings that Hawkins was badly malnourished, dehydrated and underweight with a body mass index of just 14. 
 
A BMI between 18.5–24.9 is considered “normal,” according to the National Institutes of Health.
 
Authorities also mentioned Hawkins’ “sunken eyes and prominent ribs,” adding that she was living in poor conditions with “dirty clothing, foul odor and roach infestation.” 
 
Walter Alfred Hawkins was booked on a count of elder abuse, neglect and manslaughter, according to the release. Christy Lee Hawkins is charged with elder abuse and neglect. 
 
Valley is about 80 miles northeast of Montgomery.
 
Full Article & Source:

Wednesday, May 18, 2022

Rutland man charged with financially exploiting five vulnerable adults

Vermont Business Magazine The Attorney General’s Office announced that Mark Lacomb, 39, of Rutland, Vermont, was arraigned on May 16, 2022, on six felony charges of Financial Exploitation of a Vulnerable Adult and one felony charge of Uttering a Forged or Counterfeit Instrument. The charges brought against Lacomb are the result of an investigation conducted by the office’s Medicaid Fraud and Residential Abuse Unit.

The State of Vermont has charged Lacomb with exploiting over $13,000 from five individuals over the course of approximately a year. Lacomb was employed as a case manager supporting vulnerable adults at a residential program under Choices for Care, a Medicaid-funded program that pays for care and support for older Vermonters and people with physical disabilities. Mr. Lacomb also worked as a Licensed Nursing Assistant in a nursing home. 

Lacomb pleaded not guilty at his arraignment in Vermont Superior Court, Rutland Criminal Division. The Court, Judge David Fenster presiding, released Lacomb on conditions, which include a prohibition on providing care or working with any vulnerable adults.

Financial Exploitation of a Vulnerable Adult carries a maximum penalty of not more than ten years imprisonment and/or a fine of not more than $10,000.00. Uttering a Forged or Counterfeit Instrument carries a maximum penalty of up to ten years imprisonment and/or a fine of not more than $1,000.

The Attorney General’s Office emphasizes that individuals charged with a crime are legally presumed innocent until their guilt is proven beyond a reasonable doubt in a court of law.

The Medicaid Fraud and Residential Abuse Unit receives 75 percent of its funding from the US Department of Health and Human Services under a grant award totaling $1,057,724 for Federal fiscal year FY 2022. The remaining 25 percent, totaling $352,575 for FY 2022, is funded by the State of Vermont.

5.17.2022. MONTPELIER – Attorney General’s Office

Full Article & Source:

Disbarred lawyer accused of making antisemitic claims fails to produce all documents required by judge

By Taylor Hartz

A Connecticut divorce lawyer has turned over some, but not all, of the client information needed to comply with the court-ordered closure of her practice after she was disbarred for making alleged antisemitic claims about a conspiracy to control the state court system.

Nickola Cunha, who was disbarred in January for the maximum allowable period of five years for persistently making antisemitic claims about a judicial conspiracy, was found in contempt of court in April and last week failed to show up for a court hearing in Middletown before the judge who disbarred her.

Cunha was ordered to comply with instructions concerning the closing of her law practice — which is being handled by an appointed trustee — and explain why she withdrew $30,000 from a client account for her own alleged use after the Judge Thomas Moukawsher, who disbarred her, told her not to do so.

Last week, Moukawsher issued a capias for Cunha, meaning she had until a certain date and time to comply with court orders before she could be brought into court by marshals to explain herself. The timeframe for the capias was extended multiple times last week and early this week and, as of Tuesday morning, had been extended until 3 p.m. Tuesday.

At 2:45 p.m. on Friday, Cunha allegedly walked into the North Haven law office of Corrine Boni-Vendola, who is the trustee of Cunha’s firm, according to court records.

Boni-Vendola wrote in a report filed Monday that she was not in the office when Cunha showed up, so the disbarred divorce lawyer met with Attorney Nicole R. Crocco and turned over three client files, according to court records.

She told Crocco that most of her other clients’ files were in the possession of her clients, but the trustee reported to the court that she was not able to contact the clients because she did not have phone numbers, email addresses or addresses for them, according to court records.

Crocco filed a list of more than 30 clients that Cunha said she’d given notice and files to, had plans to hand over files to or who had other secured new lawyers who now have their case files. Crocco also reported that Cunha did not provide information for at least eight of her former clients.

The attorney also wrote that they were still missing information about upcoming court dates for Cunha’s clients, information on retainers paid or about balances owed for at least some clients; that the trustee’s office had not yet received a list of clients’ funds, interest trust accounts or accounts maintained by Cunha, including bank account information and original checks; and that they’d gotten called from at least two of Cunha’s former clients who were asking about the return of retainers they paid in the amounts of $2,500 and $3,000, according to court records.

Full Article & Source: