Wednesday, November 16, 2022

Pennsylvania Courts Awarded Federal Grant to Further Develop Programs to Protect Elders

By Editor

The Pennsylvania Courts have been awarded nearly $1 million in federal Elder Justice Innovation Grant funds to protect older Pennsylvanians. Pennsylvania was one of three states to receive the award.

The three-year grant, awarded through the federal Administration for Community Living, Elder Justice Innovation Grant program, aims to provide assistance to states in their efforts to assess and implement improvements in the handling of adult guardianship cases.

“We are grateful for this grant award which will allow us to continue educating elders and their families about guardianship,” Pennsylvania Chief Justice Debra Todd said. “Knowledge is power and these additional resources provide a tremendous opportunity to develop new and innovative programs and trainings which will give people the information they need to change lives across Pennsylvania.

“We are pleased that Pennsylvania was successful in winning this award, amid such a competitive group of applicants. We extend our sincere thanks to the Administration for Community Living.”

The grant work in Pennsylvania will be overseen by the Office of Elder Justice in the Courts (OEJC) which was established by the Supreme Court to assist the Court in implementing recommendations contained in the 2014 Elder Law Task Force’s Report and Recommendations. The OEJC, along with the Advisory Council on Elder Justice and the Courts, is committed to protecting Pennsylvania’s rapidly growing population of elders from all forms of abuse and neglect, promoting best practices and educating judges, court staff, attorneys, guardians and the public about elder abuse.

Among the projects planned, the OEJC and the Advisory Council intend to deploy two pilot projects focused on providing trained counsel to represent alleged incapacitated persons in guardianship proceedings and using court-appointed volunteer monitors to visit the individual prior to and following the appointment of a guardian. They will also develop and implement continuing education programs and online video modules for judges, court staff, attorneys and guardians.

“We are thrilled to pilot these new programs along with the help of our court and community partners,” Montgomery County Administrative Orphans’ Court Judge Lois Murphy said. “Initiatives like these directly impact elders and their families and allow us to learn more about what they need and how we can further develop relationships to continue building on the existing system in place to support elders and their families.”

Full Article & Source:
Pennsylvania Courts Awarded Federal Grant to Further Develop Programs to Protect Elders

Tuesday, November 15, 2022

Caregiver sentenced to 20 years without parole for elder abuse in Acworth that resulted in shattered hip on 86-year-old woman

Posted By: Larry Felton Johnson


On November 7, Cobb County Superior Court Judge Angela Z. Brown sentenced Shelia Knight to twenty years to be served in custody for aggravated battery and elder exploitation. Knight was convicted of charges arising from an incident that resulted in a shattered hip of an 86-year-old Acworth woman.

Knight will have to serve out the entire 20 years because of her past criminal history.

A Cobb County jury found Knight guilty in a trial that ended September 28.

A public information release from Cobb County District Attorney Flynn D. Broady, Jr. described the incident leading up to the arrest, and the subsequent trial, as follows:

“While Knight was filling in as a CNA caregiver for eighty-six-year-old female victim, she forcefully pushed the elderly victim to the ground. Knight pushed the elderly victim so hard she flew a short distance, before landing hard on the floor of her apartment.

“The elderly victim shattered her hip as a result of being pushed by Knight. Knight’s actions were caught on film, by a home security video system installed by the elderly victim’s family. Once the family observed Knight’s abuse, they immediately called 911.

“The family drove to elderly victim’s apartment, retrieved the video, and turned the video over to Acworth Police Department. The Acworth Police Department immediately began an investigation of the incident. Based on the results of their investigations, Knight was arrested on May 19, 2019.

“During Knight’s trial, Assistant District Attorney John Tully presented the testimony of the home security video footage, law enforcement, and medical personnel. 

“During the deliberations, Knight who was out on bond failed to appear back in court.

“In Knight’s absence, the jury returned a guilty verdict for Aggravated Battery and Elder Abuse.

“Knight was apprehended eight days later in Paulding County and transported back to Cobb County to await sentencing.”

The District Attorney Elder Abuse/White Collar trial team prosecuting Knight included Assistant District John Tully, Investigator F. Stevenson, Investigator A. Allen, and Victim Advocate Cindy Bard.

ADA Tully was quoted in the press release stating, “To abuse the elderly, some of our most vulnerable people, is absolutely reprehensible and unacceptable.”

Full Article & Source:
Caregiver sentenced to 20 years without parole for elder abuse in Acworth that resulted in shattered hip on 86-year-old woman

Former Kentucky judge reprimanded over ‘flirtatious and sexual’ text messages

By Bill Estep

Brian Privett is a former circuit judge in Scott, Bourbon and Woodford counties. Kentucky Administrative Office of the Courts


A state judicial panel publicly reprimanded a former Kentucky judge who allegedly exchanged flirtatious text messages with a court employee. The Judicial Conduct Commission issued the sanction against Brian Privett Thursday. Privett served more than three years as circuit judge in Scott, Woodford and Bourbon counties before resigning in January.

In the order issued Thursday, the Judicial Conduct Commission said it did a preliminary investigation that arose from a complaint that Privett exchanged “flirtatious and sexual text messages” in 2018 with a female court employee he did not supervise. The texts involved multiple conversations, including some that happened while Privett was on the bench presiding over court, the order said.

The order did not include copies of the messages. However, in a story in June, the News-Graphic newspaper in Georgetown printed some messages it said Privett had sent. The newapaper said it had received the messages from an anonymous source. “Just noticed your long legs back there. Enjoying court?” said one message Privett allegedly sent. Privett told the newspaper at the time that he had made mistakes that hurt his family, friends and supporters.

“I am truly sorry for anything I have done that hurt others. I have asked forgiveness from God, and have many times sought counsel of ministers and my closest friends,” Privett said, according to the newspaper. The Judicial Conduct Commission said Privett’s resignation was not connected to the alleged inappropriate messages. The commission said it concluded Privett committed misconduct in office and violated several ethics rules, including a requirement for judges to act in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary and another that bars judges from using the prestige of the office to advance a personal or economic interest.

Privett cooperated in the inquiry and agreed to accept the public reprimand, the commission said. Privett is now an official with a substance-abuse treatment program. He did not immediately return a request for comment Thursday afternoon. In 2021, Privett alleged that Sharon Muse-Johnson, commonwealth’s attorney in the circuit, had engaged in potential ethical and legal violations and asked the Attorney General’s Office to investigate. The allegations Privett raised included that Muse-Johnson paid her husband, an assistant in her office, more than other employees, and he questioned if she had used taxpayer resources for a reality television show. An attorney for Muse-Johnson denied she did anything wrong. The Attorney General’s Office ultimately said it found insufficient evidence of any criminal activity and had no jurisdiction over allegations of unethical conduct.

Full Article & Source:
Former Kentucky judge reprimanded over ‘flirtatious and sexual’ text messages

Rome Woman Jailed for Exploitating the Elderly

Posted by Staff Reports 

Gerry Ann Cassell, 54 of Rome, was arrested this week after reports said she made up to $1,400 in purchases while being a caretaker of an elderly woman.

Reports said that the victim never gave Cassell permission to make the purchases that occurred between July 2021 and September 2021.

Cassell is charged with exploitation and intimidation of the elderly.

Full Article & Source:
Rome Woman Jailed for Exploitating the Elderly

Monday, November 14, 2022

Cedar Rapids care facility cited for untrained workers, resident abuse

By: Clark Kauffman

Heritage Specialty Care in Cedar Rapids was fined for the financial exploitation of a resident earlier this year and is now accused of using untrained caregivers. (Photo via Google Earth)

A Cedar Rapids nursing home previously fined for the financial exploitation of a resident has now been cited for using untrained caregivers.

State inspectors say the abuse involved a worker at Heritage Specialty Care who allegedly took $1,625 from a resident with a spinal cord injury. The worker then taunted the man, sending him text messages in which she called him a “vegetable” and “veggie boy.”

The inspectors also allege that Heritage, which is home to 156 older Iowans and is operated by West Des Moines’ Care Initiatives, has failed to provide its training nursing assistants, or TNAs, with either the state-approved training or the required competency evaluations.

According to inspectors, the TNAs are supposed to complete an eight-hour, online training course and then complete a skills-competency checklist through job-shadowing with a licensed worker, before working on their own.

Heritage’s nurse manager told inspectors in August that he felt an eight-hour online course was not sufficient training to perform the duties of a fully certified nurse aide and so prior to June 2020, he did not hire a single TNA to work in the home. After that, he said, the home’s owner began hiring TNAs.

One TNA at the home told inspectors the home’s training program was “not so good” and said she had worked independently at the home before completing the required competency checklist. She said it seemed to her that “everyone hired as a TNA worked with someone for four to five days and then went out on their own,” working independently, because the home was “so short-staffed.”

Another TNA agreed with that assessment and said she had refused to work on her own until completing the required skills checklist.

A third TNA confirmed the practice and said the home failed to provide adequate training to do her job. She said she had failed her community college exam to become a certified nurse aide and felt she needed more training but still worked independently in the home caring for residents.

A fourth worker told inspectors she was trained not by a certified nurse aide but by another TNA who had let her certified nurse aide’s license lapse.

That trainer told inspectors she was given no training when hired at the home and said management gave her a certified nurse aide badge and then “acted like” she was fully certified. Inspectors reported the nurse said it “made no sense” to her that she was used to train other TNAs, adding, “what else was I supposed to do” when residents needed help.

Cook tried to serve oatmeal from garbage can

Inspectors also cited the home for unsanitary practices. A cook at the home, when asked by a nurse for a bowl of oatmeal for a resident, opted not to make a fresh bowl of oatmeal and instead went to a garbage can intending to scoop out some of the discarded oatmeal that was sitting in the trash receptacle.

The nurse refused to accept the oatmeal from the trash, telling the cook, “Absolutely not.”

In addition, the home was cited for inadequate infection control. Inspectors reported that while on site, they observed a dietary aide, a certified nurse aide and an occupational therapist working with residents without the required face mask in place.

The home also was cited for insufficient staff, with one resident complaining she had to wait up to an hour to have her call light answered.

No fines were imposed by the state as a result of the inspectors’ findings in August. The home filed a plan of correction with the state that indicates it will address the citation for insufficient staff by providing “staff education.” The home has also indicated it will ensure TNAs receive the required training.

Worker allegedly took $1,625 from resident

In April 2022, the home paid a total of $650 in fines for resident abuse related to financial exploitation and for failure to conduct adequate background checks on workers.

At the time, inspectors alleged a nurse aide at the home had sold her cell phone to a resident late last year for $800 and then failed to turn over the phone. A few weeks later, when the worker was on a trip with her family, she sent a message to that same resident’s old phone, asking him to send her more money.

“Can you do $200 and I’ll pay you back when I start working more hours again,” the message read, according to inspectors who examined the resident’s phone. The resident then provided the money through an app on his phone.

The same resident told inspectors that after he loaned the worker his debit card to order him a pizza, unauthorized charges for Door Dash showed up on his bill and he had to cancel his card. In January, when the worker asked the man for another $200 and he refused, the worker sent him what the man called “mean and hateful” messages, calling him a “vegetable” and “veggie boy.”

According to inspectors, the messages, which were archived on the resident’s phone, stated: “Thanks again for saying you would help us and then go back on your own word … Have fun sitting in that s— hole with that big ego of yours.”

At one point, the worker indicated she’d soon be leaving her job at Heritage, stating, “I’m not there for the rest of my life … 11 days and I’m out sweetie … How many days ya got in heritage? Yikes, I think it’s more than 11 … But enjoy.”

When the man indicated he might report his debit card as stolen, the worker wrote back, “Good luck. LOL. I’ll tell them you let me use your card … You’ll look like a retarded vegetable lol.”

A review of transactions on resident’s cash app revealed 10 transactions, indicating the resident had transferred $1,625 to the worker.

Six other Iowa nursing homes run by Care Initiatives have been cited for major violations in recent weeks. They face fines of up to $80,250, and additional penalties may yet be imposed by the federal Centers for Medicare and Medicaid Services. The company has not responded to requests for comment.

Full Article & Source:
Cedar Rapids care facility cited for untrained workers, resident abuse

Committee backs bill requiring banks to report suspected exploitation

By Hannah Black

The Wyoming State Capitol Building stands tall Wednesday, Feb. 23, 2022.


CHEYENNE — A Wyoming legislative committee will support a bill aimed at protecting vulnerable adults from financial exploitation — something stakeholders testified is a big issue.

The Legislature’s Joint Judiciary Committee on Thursday voted to sponsor a bill that would require those in leadership positions at financial institutions to report suspected exploitation of vulnerable adults to their institution. Institutions would then provide a report to the Wyoming Department of Family Services. (An amendment added that a report was only required “if warranted.”)

Individual institutions may also enact policies that require them to report the suspected exploitation to law enforcement or another state or federal agency.

The committee passed an amendment lowering the maximum number of days a financial institution could place a hold on a transaction where exploitation is suspected.

Rep. Barry Crago, R-Buffalo, proposed a five-day limit, rather than the 10-day limit written into the draft bill.

Under the bill’s language, an additional 30-day hold could be placed on such a transaction within that initial five-day period, if requested by the investigating state, federal or law enforcement agency.

Tom Lacock, AARP Wyoming’s associate state director for communications and state advocacy, said 34 states had already passed similar legislation.

Lacock said an AARP study released last month showed that “the rate of financial exploitation targeting older adults has more than doubled since the start of the pandemic.”

“That’s likely a pretty small estimate, given the fact that we figure about one out of every 44 older adults actually reports the exploitation – those numbers go down when it’s someone that they feel like they trust and know,” Lacock said.

That same report “emphasizes the proven effectiveness of freezing or delaying or rejecting suspicious transactions to prevent theft before it occurs.”

DFS Director Korin Schmidt said the proposed legislation “would be helpful in order for us to be able to better respond quickly to suspected financial exploitation.”

Schmidt said the agency’s ongoing concern is that money taken from these vulnerable adults “gets out the door faster” than they can do anything about it.

Scott Meier, president and CEO of the Wyoming Bankers Association, said his organization supports the bill.

Full Article & Source:
Committee backs bill requiring banks to report suspected exploitation

Stevens pleads guilty to exploitation and intimidation of disabled/elderly adult, gets probation

by Robert Preston

Michael Stevens of Ambrose was charged with multiple counts earlier this year after law enforcement reported that he failed to provide essential services to his mother, Sherry Stevens, who was unable to care for herself at the time. Stevens pleaded guilty to the charge as well as an additional count of possession of methamphetamine on Tuesday.

Last month, DouglasNow published a story on Stevens' arrest, which occurred earlier this year. As previously reported, law enforcement was dispatched to Sherry's home on April 20 after a hospice nurse reported that she and one of Sherry's family members were unable to enter the home. When the deputy was able to make entry into the residence, the victim, who was on hospice care at the time, was found lethargic and dirty.

The report also documented that she was "unable to open her eyes, had audible gurgling and bleeding areas noted to be on her mouth, oxygen saturations of 71%, was in distress, and was covered in her stool."

Stevens was his mother's caretaker at the time and was not on the property. However, his girlfriend, Susie Jewell, was discovered asleep in one of the bedrooms.

While the deputy was still on scene, Stevens showed up at the property and reportedly showed signs of impairment. As the deputy was waiting on assistance from a Georgia State Patrol trooper for a DUI investigation, Stevens gave him consent to search the car, and the deputy discovered a quantity of suspected methamphetamine.

Stevens was charged with possession of methamphetamine, DUI, and exploitation and intimidation of a disabled/elderly adult. Jewell also received one count of exploitation and intimidation of a disabled or elderly adult a few weeks later.

Sherry passed away the following day from, according to the autopsy, natural causes. 

On Tuesday, Stevens pleaded guilty to possession of methamphetamine (count 1) and exploitation or intimidation of a disabled adult or elderly person (count 3). As a part of the plea, the DUI charge was dismissed.

Stevens was sentenced to 3 years probation for count 1 and 10 years probation for count 2.

Before entering the plea, Stevens had been incarcerated at the Coffee County Jail after being denied bond. Jewell was released on bond last month, and her case is still pending.

Full Article & Source:
Stevens pleads guilty to exploitation and intimidation of disabled/elderly adult, gets probation 

Sunday, November 13, 2022

She is starving herself to death

 

She is starving herself to death. She has had enough of prison. Extorted from, locked down, neglected, abused, threatened, isolated, starved she is f*king done. and had rather DIE then live under tyranny and human trafficking called Guardianship for Profit brought to you by Adult Predator Services. IT KILLS ME!! They ALL need to go to prison for life and their day is coming QUICK! Just look at my poor Mama. Its devestating, no this is not just a pic of someone who has Alz this is a pic of my loving MOm who has had enough of the tyranny against her and family. Enough of the intentional neglect from this organized crime ring! Adult Predator Services.They are successfully killing her but not before they squeeze every dime they can get as they double bill medicade for services she doesnt get and pills you name it! She is a skeleton they took her teeth so she cant eat at first now she dont care any more. They took her glasses, her hearing aides, her family away from her her LIFE now she wants to DIE! My poor Mommie... I WANT JUSTICE!!


Source:
Facebook - Tammy Blythe

Disbarred lawyer can't blame bank fraud on old football injury - appeals court

By Barbara Grzincic 

Sept 2, 2022; Uvalde, TX, USA; Football players watch the game from the sideline. Mandatory Credit: Sara Diggins-USA TODAY NETWORK

Summary

  • Defendant argued that brain disorders nixed specific criminal intent
  • 6th Circuit found the lawyer's conviction and 30-month sentence proper

(Reuters) - A disbarred Tennessee lawyer cannot claim that head injuries he suffered playing football in high school and college made it impossible for him to form a criminal intent to commit federal bank fraud, a federal appeals court held Wednesday.

The 6th U.S. Circuit Court of Appeals affirmed the conviction and 30-month sentence of George Skouteris Jr, who had settled several cases between 2007 and 2013 without his clients’ knowledge and signed their names to deposit the checks to his own account. Those same actions had resulted in Skouteris’ disbarment in 2014.

At his criminal trial April 2021 in U.S. District Court in Memphis, the defense argued the federal bank fraud statute required the prosecution to show that Skouteris specifically intended to defraud the bank, and that his “days on the gridiron had left him with mental impairments — including possible chronic traumatic encephalopathy (CTE) — that cast doubt on whether he had the requisite state of mind,” Circuit Judge Chad Readler wrote Wednesday for the three-judge appellate panel.

Both sides introduced evidence and expert testimony about Skouteris’ mental disorders, but the trial judge declined to instruct the jury that evidence of “diminished mental capacity” could provide “reasonable doubt” that Skouteris lacked a specific intent to defraud the bank.

That was the right call, the 6th Circuit said. Despite some older appellate decisions to the contrary, the U.S. Supreme Court made clear in 2016 that the bank-fraud statute only requires prosecutors to show that defendants knew their actions were likely to cost the bank money – not that they purposely set out to do so.

Applying that “clarified standard,” the 6th Circuit said, “a mountain of circumstantial evidence demonstrated Skouteris’s knowledge that depositing unauthorized settlement checks into his own account was likely to wrongfully deprive the bank of its property.”

Former clients and colleagues had described Skouteris as a “detail-oriented lawyer who did not exhibit signs of a diminished mental capacity,” while others testified that Skouteris repeatedly lied to clients about the status of their settlements, “suggesting that he knew he was engaged in deception when cashing the settlement checks.”

In addition, the fact that Skouteris had engaged in similar behavior in seven cases over the “better course of a decade,” even after being confronted and sued for doing so, suggested that his actions “were no accident,” Readler wrote.

“That evidence is reliable proof that Skouteris knew the likely consequences of his behavior,” the court concluded.

Attorneys for the prosecution and defense declined to comment on Wednesday.

The case is USA v. Skouteris, 6th U.S. Circuit Court of Appeals No. 21-6221.

For Skouteris: Josie Holland of Holland Law

For the USA: Carroll André III, U.S. Attorney’s Office for the Western District of Tennessee

Full Article & Source:
Disbarred lawyer can't blame bank fraud on old football injury - appeals court