Concord Nursing Home To Pay $2.3 Million To Settle Allegations Of Grossly Substandard Care

For Immediate Release

U.S. Attorney's Office, Northern District of California 

Tuesday, November 29, 2022

SAN FRANCISCO – Tranquility Incorporated, a corporation doing business as San Miguel Villa (San Miguel Villa) which is a 190-bed nursing home located in Concord, Calif., has agreed to pay $2.3 million to settle allegations that it submitted false claims by billing the Medicare and Medi-Cal programs for grossly substandard nursing home services it provided to its residents between 2012 and 2017, announced United States Attorney Stephanie M. Hinds and Department of Health and Human Services Office of Inspector General (HHS-OIG) Special Agent in Charge Steven J. Ryan. 

The settlement resolves allegations that from 2012 to 2017 San Miguel Villa submitted, or caused to be submitted, claims to the Medicare and Medi-Cal programs for payment of its services that were grossly substandard and failed to meet minimum required standards of skilled nursing care in multiple ways. The United States alleges that nursing home residents at San Miguel Villa were overmedicated with psychotropic drugs, suffered excessive falls, were exposed to resident-on-resident altercations, and experienced other mental and physical harm. 

“Residents of nursing homes are among the most vulnerable in our community, and they rely on Medicare and Medi-Cal programs to provide the care and services they must have,” said United States Attorney Stephanie M. Hinds. “Nursing homes are entrusted to impart competent and quality care to their residents. This case demonstrates that when federal funds are provided but substandard care is delivered, this office is committed to seeking accountability.” 

“Nursing homes are intended to be places of comfort and healing, but the provision of substandard care jeopardizes the residents’ health and safety,” stated Steven J. Ryan, Special Agent in Charge with HHS-OIG. “HHS-OIG and our law enforcement partners are staunchly dedicated to investigating allegations of inadequate care at Medicare- and Medicaid-certified nursing homes.”

Assistant U.S. Attorney Gioconda Molinari investigated the matter with the assistance of Paralegal Lillian Do and Auditor Garland He. The United States Attorney’s Office initiated the investigation with assistance from HHS-OIG as part of its ongoing commitment to ensure that nursing home residents receive the necessary skilled nursing home services that they are entitled to and require. The United States Attorney’s Office acknowledges and thanks HHS-OIG as well as the California Department of Justice’s Division of Medi-Cal Fraud and Elder Abuse for their assistance in investigating this matter.

Working in conjunction with the United States Department of Justice Elder Justice Initiative, the United States Attorney’s Office runs an Elder Justice Task Force to identify and investigate nursing homes that provide grossly substandard care, and to support the efforts of state and local prosecutors, law enforcement, and other elder justice professionals who combat elder abuse, neglect and financial exploitation. If you or a loved one is experiencing abuse at a nursing home, please contact the California Long Term Care Ombudsman Crisis line at 1-800-231-4024, or the National Elder Fraud Hotline at 1-833–FRAUD–11 (or 833–372–8311).

Full Article & Source:
Concord Nursing Home To Pay $2.3 Million To Settle Allegations Of Grossly Substandard Care

Bedford County caregiver charged with elderly abuse, neglect

by: Lucas Wright

SHELBYVILLE, Tenn. (WKRN) — Complaints against a worker at a Bedford County assisted living facility have now landed a caregiver behind bars.

Cody Prestwood, 34, of Shelbyville, was arrested on Nov. 9.

Cody Prestwood (Courtesy: Tennessee Bureau of Investigation)

In January, the Tennessee Bureau of Investigation joined Adult Protective Services and the Department of Health in investigating a complaint that residents at a Bedford County assisted living facility were being abused and/or neglected.

Over the course of the investigation, Prestwood, a licensed practical nurse at the facility, was found to be the person allegedly responsible for the abuse and neglect of patients.

According to the investigation’s findings, Prestwood failed on multiple occasions to document those incidents and failed to seek proper treatment for the individuals involved from December 2021 through August 2022. 

Prestwood was taken into custody by the Bedford County Sheriff’s Office. He is facing the following charges:

• Aggravated abuse of an elderly adult (x2)
• Neglect of an elderly adult (x2)
• Abuse of an elderly adult

Prestwood was booked into the Bedford County Jail and is being held on a $250,000 bond.

Full Article & Source:
Bedford County caregiver charged with elderly abuse, neglect

Butler County approves funding to address backlog of cases for in-home visit program

By Larry Seward, WCPO

HAMILTON — A watchdog frozen by court backlogs got a boost in Butler County: Commissioners signed off on $500,000 worth of American Relief Plan Act funding that will allow probate and domestic violence courts to hire staff for “essential functions.”

It is personal for Probate Court Judge John Holcomb.

“They just need a little help from the court,” Holcomb said.

His mother-in-law died fighting Alzheimer’s Disease. So, as leader of the court charged with guarding the well-being of seniors and adults unable to care for themselves, Holcomb said his team’s in-home visit program needs a quick fix.

COVID-19 pandemic protocols suspended the program for six months. That led to a two-year backlog in visits. The county had just one investigator to handle the task. In January, the court had 2,648 incoming guardianships with another 140 pending, according to state records.

While the court applied for an ARPA, Holcomb’s team hired a former intern away from a nonprofit to take on investigative duties. The two investigators are working to catch up, hold caretakers accountable and make sure the vulnerable are alive and well.

“I can tell you with adding this second investigator position we are ensuring that the needs of our senior citizens are being met,” he said.

County commissioners approved a $424,068 grant award for Butler County’s Domestic Relations Court Monday. It plans to hire a magistrate/mediator to ease the rising number of custody cases. The funding will cover the position for two years.

The $183,783 grant for probate court will pay for the second investigator and a file clerk for two years.

“That is going to take the burden off our local taxpayers of funding this,” Holcomb said.

By the time the grants expire, court administrators hope to have backlogs cleared or see a county budget big enough to keep all hands on deck.

WCPO is a content partner of the Journal-News.

Full Article & Source:
Butler County approves funding to address backlog of cases for in-home visit program

Disbarred Chesco Attorney Pleads Guilty To Stealing From Clients

(Holly Herman/Patch Staff)

by Holly Herman, Patch Staff 

WEST CHESTER — A 61-year-old disbarred attorney pleaded guilty in the Chester County Justice Center to theft of over $1 million from former law clients.

Thomas Schindler remains free on $50,000 bail to await sentencing for failing to plead guilty to theft from former clients who fired him for their divorce.

Schindler was charged with theft of nearly $1 million from former clients who hired him for a divorce case, according to prosecutors.

The charges stemmed from a 2018 financial agreement where he failed to make required transfers of proceeds from the sale of their Easttown Township home.

“Thomas Schindler misused his power and took advantage of his clients at vulnerable times in their lives,” Chester County District Attorney Deb Ryan said.

“They came to him looking for guidance, and he betrayed that trust for his own selfish gain. It is especially disheartening when those who take an oath to uphold the law are the ones who violate it.”

According to prosecutors:

In November 2021, detectives received a complaint regarding retainer money given to the defendant by a client who hired him as a defense attorney.

The victim paid the defendant $95,000 in August 2019 for representation in a criminal matter.

Detectives discovered that the victim was never paid the $84,000 balance owed to him at the time of the defendant’s disbarment despite numerous attempts and requests by the victim and his new attorney.

Full Article & Source:
Disbarred Chesco Attorney Pleads Guilty To Stealing From Clients

Smethport caretaker accused of financial exploitation

AMBER BERLIN

COUDERSPORT — The Coudersport Borough Police Department arrested a home health nurse on a felony warrant Wednesday.

Amber Lynn Berlin, aka Amber L. Burdick, Amber L. Johnson, is alleged to have removed five jewelry rings and a black/blue jewelry bag all valued at $3,000, between January 2000 and March 2001, from the private residence of the victim, a 70-year-old male living in the Borough of Coudersport, Potter County.

Berlin is also accused of using the victim’s credit cards to make 27 unauthorized purchases and or transfers, totaling $4,037, between September 2021 and December 2021.

She was arraigned Wednesday before District Justice Kari McCleaft and remanded to the McKean County Jail on $15,000 bail on the following charges, all third-degree felonies: One count of financial exploitation of older adult, two counts of theft by deception, two counts of receiving stolen property, two counts of theft, two counts access device fraud. She is also charged with one misdemeanor access device fraud count, a third degree offense.

A preliminary hearing with Magisterial District Judge James L. Hawkins is scheduled at 12:30 p.m. Dec. 13.

Full Article & Source:
Smethport caretaker accused of financial exploitation

Texas woman scams Indiana man out of $1.2 million

Story by Matt Christy

NEW PALESTINE, Ind. - A Fort Worth, Texas, woman is accused of scamming a New Palestine man out of more than $1 million over a 16-month period in which she lied to him about medical expenses but instead used the money he sent her to gamble at Oklahoma casinos.  

Lorraine Marie Rew

According to Hancock County Prosecutor Brent Eaton, Lorraine Marie Rew, 46, was arrested in Texas on Nov. 16. She has been charged with one count of corrupt business influence, a Level 5 felony, and 10 counts of counterfeiting, all Level 6 felonies. 

Court documents reveal that Rew met and befriended the New Palestine man on a social media platform and that the two began a relationship. From October 2020 through February 2022, Rew had the man send her approximately $1.2 million.

The man reportedly gathered the funds to send to Rew by drawing from his personal IRA, a mutual fund, checking and savings accounts, along with using cash advances and personal loans.

Rew reportedly had told the man that she needed the money in order to pay for her daughter’s serious surgical procedures and expensive medications along with heart medication for herself. Rew claimed she had to pay the costs upfront but that her insurance would reimburse her later and then she could repay the man. She even made fake email accounts pretending to be her employer and promised the man that reimbursement would be forthcoming.  

A postal inspector found no record, however, of Rew using the money to pay for medical expenses and investigators learned that neither Rew nor her daughter had accounts with the hospital.

Instead, investigators discovered that Rew was using the money to finance her lifestyle, including frequenting casinos in Oklahoma. Over a two-year period, Rew visited one of the casinos 167 times and the other casino 157 times over a six-month period.

"Sadly, this is a case in which the victim's heart was in the right place and the alleged perpetrator took advantage of that," said Prosecutor Eaton.

Rew is currently in Tarrant County Jail in Texas but Eatan stated he has already filed paperwork to extradite Rew to Hancock County where she will face her charges.

Full Article & Source:
Texas woman scams Indiana man out of $1.2 million

Former caretaker from St. Marys accused of stealing client's money, identity

By Brianne Fleming

ST. MARYS — A St. Marys woman is facing charges after she allegedly used the identity of a care-dependent client to open a credit card and withdraw funds from the victim’s bank account.

Tiffany Jane Thomas, 42, is charged with accessing a device issued to another person who did not authorize its use, a first-degree misdemeanor; two counts of financial exploitation of older adult or care-dependent person; two counts of identity theft and two counts of theft by unlawful taking –moveable property, according to a criminal complaint filed at Magisterial District Judge Mark Jacob’s office Nov. 21.

According to an affidavit of probable cause, City of St. Marys Police received a call from the victim in this case on Oct. 7 concerning alleged fraud and identity theft.

Between May-October 2022, Thomas — who was employed as the caretaker of an older, care-dependent person — allegedly stole the victim’s information, including their driver’s license and social security number, using the information to open a credit card and make a cash withdraw from the victim’s bank account, according to the affidavit of probable cause.

The investigation revealed that in May 2022, Thomas did allegedly open a Capital One credit card using the victim’s name, date of birth and social security number. She secured $290.26 in charges on the card, and reportedly attempted to make several credit increases using the victim’s identity information.

In October 2022, Thomas also allegedly used the victim’s driver’s license, which was stolen at an earlier date, at a drive-thru of a bank in Clearfield to make a $400 withdraw from the victim’s bank account. Thomas was later found to allegedly be in possession of the victim’s driver’s license, as well as other financial documents, valued at $30, according to the affidavit of probable cause.

The total restitution requested is $720.26.

Thomas’ preliminary hearing is scheduled for Dec. 13 at Jacob’s office.

Full Article & Source:
Former caretaker from St. Marys accused of stealing client's money, identity

Love in the aisle: Arizona couple gets married at grocery store where they first met

By Lindsey Ragas

PHOENIX - People often talk of "match made in heaven," but in this particular case involving an Arizona couple, it's a match made in a grocery store.

For 78-year-old Dennis Delgado and 72-year-old Brenda Williams, their love story began at the condiment aisle at a Fry's store in Casa Grande on Aug. 3, 2021.

"I'm walking down the aisle, and someone comes up behind me, and says…" said Brenda, recounting what happened that fateful and looking to her now-husband to finish the story.

"You know the best thing about wearing a mask?" Dennis said, finishing the story of their first encounter.

"We stood there, and we found out we had kind of had a similar situation," said Brenda.

Dennis, as it turns out, was getting olive oil mayonnaise, and Brenda was grabbing Miracle Whip from the shelf, and that was the start of a miraculous love story.

"We visited, exchanged phone numbers, and then about a week and a half later, we started," said Dennis. "I said, ‘what are you doing this Sunday?’"

Then, something big happened for the couple in April 2022.

"He came to my house, and he said I'm going to go get you an engagement ring,' and I said ‘yes, sure,'" Brenda recounted. "So he left, and a couple hours later, I called him and asked ‘have you been drinking?’"

At Brenda's request, Dennis proposed in that same aisle where they met.

"I said we met there. He wants to propose to me, and I want him to do it in the condiment aisle where we met," said Brenda.

At this point, Fry's was on board, and said they can get married there as well. On November 19th, Brenda walked down that same aisle, and this time, she and Dennis got married.

For both Brenda and Dennis, it's a unique love story that's given them each purpose, after both experienced loss.

"I’m old, he’s old," said Brenda. "There’s not that many more years left for either of us. That’s genetically true, and I said, 'well, we don’t have that many more years. Let’s just do something dumb and stupid. Go out with a bang."

For two people who started out looking for condiments and nothing else at a grocery store aisle, they found love instead.

"I wanted people to see that there is hope. Especially us older folks, especially in the condiment aisle for us," said Brenda.

Full Article & Source:
Love in the aisle: Arizona couple gets married at grocery store where they first met

Anne Heche’s Son Homer, 20, Reveals His Mom Left Behind ‘Modest Bank Accounts' And No Real Property As Fight With Late Actress’ Ex James Tupper Heats Up

By:Ryan Naumann

Late actress Anne Heche’s son Homer has gone back to court to fight his mom’s ex James Tupper as they fight over both control and how much the estate is worth, RadarOnline.com has learned.

According to court documents obtained by RadarOnline.com, Homer has objected to James’ claim Anne left behind millions. 

Homer said his mother had a few “modest bank accounts,” royalty payments and other income, a corporation in her name that was used to collect money from acting jobs, membership in her podcast, personal property of “modest value,” and the interest in the future projects from her forthcoming memoir.

Further, Homer revealed that Anne had claims for damages against James stemming from James’ alleged breach of contractual obligations related to their co-owned real properties that have since been sold. 

Homer said his initial estimate that his mom’s estate was worth around $400k is accurate.

As RadarOnline.com previously reported, after Anne’s death in September, Homer went to court asking to be named the administrator of her estate.

He said that there were only 2 beneficiaries to the estate. The two were listed as Homer and his younger brother Atlas, who Anne had with James.

James objected to Homer being named the administrator claiming Anne had emailed him a copy of her will during their relationship. He said she named him as the person to control the estate. Homer scoffed at the suggestion and pointed out the will was not signed by his mom — which is required legally. 

James has since claimed Anne’s estate is worth at least $2 million and not $400k as Homer said.

Homer said the $400k estimate is based on, “a review of [Anne’s] most recent tax returns (rounded up to the nearest hundred thousand dollar).” He revealed that Anne did not have any interests in real property at the time of her death.

The two are set to face off in court to battle it out over the estate.

As RadarOnline.com previously reported, Anne’s estate has been hit with several creditors’ claims including one by her ex-boyfriend Thomas Jane who said he’s owed $150k.

Full Article & Source:
Anne Heche’s Son Homer, 20, Reveals His Mom Left Behind ‘Modest Bank Accounts' And No Real Property As Fight With Late Actress’ Ex James Tupper Heats Up