A Grosse Pointe Park woman was allegedly pistol-whipped by her caretaker a robbery last week. The suspect fled but was caught that same day. She is facing charges, while the victim remains in critical condition.
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Caregiver accused of attacking and robbing elderly Grosse Pointe Park woman in disturbing crime
by Ethan Fry
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Superior Court in Milford, Conn. on Tuesday, October 19, 2021. Brian A. Pounds / Hearst Connecticut Media |
Gary Marsala, 58, of Seymour, and Randy Marsala, 48, of Beacon Falls, pleaded guilty under the Alford doctrine to second-degree breach of peace before Judge Peter Brown at Superior Court in Milford.
Under Alford, defendants do not agree with the allegations against them, but plead guilty and are convicted to avoid a possible greater sentence at trial.
The judge sentenced the Marsalas to suspended 90-day jail terms and a year of probation each, with instructions to obey a no-contact protective order with their sister.
The brothers and their lawyer declined to comment while leaving court.
Assistant State’s Attorney Tatiana Messina said that the charges related to a May 2021 incident during a probate hearing at the home of the Marsalas’ sister, now 54, who is the beneficiary of a structured settlement from a medical malpractice lawsuit.
A probate hearing regarding an involuntary conservatorship for the woman was being conducted when Messina said the probate judge, Clifford Hoyle, called 911 asking for assistance regarding a disagreement during which the brothers removed their sister from the house.
The prosecutor said police later talked to the victim, who told them the judge had asked the brothers to wait outside so he could talk to her and one of the brothers became upset and knocked on the door.
“She said that Randy and Gary took her out of the hearing, which she did not want to do at that time,” Messina said.
The brothers then put her in a vehicle and kept her from talking to police who responded, then drove her around before returning to the home.
“She indicated she was not injured during the incident and she did not feel pain during the incident, but she did indicate to the police that she did want her brothers arrested for what occurred at the residence on that day,” the prosecutor said.
The prosecutor didn’t say when the brothers’ sister gave the statement she referenced, but in an arrest warrant application in the case, police cited an interview with the sister as saying she did not want her brothers arrested, but was “very upset” and “didn’t know what to do.”
The victim, who was assisted by two interpreters during Wednesday’s hearing, did not make a statement in court, but Messina read an earlier email she had sent describing the case as “very stressful.”
“I only hope that after today my brothers realize they cannot control me,” the prosecutor quoted her as saying.
Messina called the disposition “fair and reasonable” given the circumstances, but said that “in conversations with the victim, she is not 100 percent happy with this, but she understands why it happened and the difficulties we may have had if we went to trial.”
“This has been a very overwhelming process for, to say the least,”
Messina said. “But she’s glad that it’s over. She wants to move on with
her life, and she hopes that maybe some day relationships can be
repaired.”
Full Article & Source:
Brothers charged with removing deaf and blind sister from Seymour probate hearing take plea deal
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Photo by: Video Blocks
Nursing Home Resident |
INDIANAPOLIS — An Indianapolis woman could face up to five years in prison for allegedly using stolen Social Security numbers and a stolen Licensed Practical Nurse number to obtain jobs she wasn’t qualified for while collecting over $50,000 in fraudulent Social Security benefits.
Rochelle Perry, 49, of Indianapolis, was indicted by a federal grand jury on five counts of Social Security number fraud, three counts of aggravated identity theft and one count of Social Security disability benefits fraud.
According to the U.S. Attorney’s Office, between February 2020 and March 2022, Perry submitted five fraudulent applications for employment to Indianapolis area nursing homes and assisted living facilities.
Officials say Perry used a stolen Social Security number on all five applications. She was receiving Social Security disability insurance benefits under her true Social Security number, and she knew that those benefits would be reduced or eliminated if the Social Security Administration found out she had a job.
Perry also knew that she might not be able to pass an employment background check if she applied to a health care facility using her true Social Security number, the U.S. Attorney’s Office says.
Court documents state in some of the job applications, Perry also used a stolen Licensed Practical Nurse (LPN) license number to make employers believe she was an LPN. Perry has never received any type of nursing license in the state of Indiana.
Of the five job applications, four were for LPN positions. Perry applied for those positions despite not having a nursing license.
Officials say Perry worked as an LPN at one facility from January 2021 to April 2021. She worked at a second facility from May 2021 to November 2021, and at a third facility she worked as a Memory Care Program Coordinator from February 2020 to April 2020.
Between December 2019 and December 2022, Perry received $54,991 in Social Security disability benefits under her true Social Security number.
On two separate occasions, in August 2021 and October 2022, Perry submitted Work Activity Reports to the Social Security Administration. In those reports, Perry declared, under penalty of perjury, that she had not earned any income since May 2019. Perry did not disclose that she had been earning wages at health care facilities.
If convicted on all counts, Perry faces up to 5 years in federal prison. A federal district court judge will determine the actual sentence after considering the U.S. Sentencing Guidelines and other statutory factors.Full Article & Source:
Indianapolis woman used stolen nursing license to fraudulently work in nursing homes
Woman charged with abusing elderly patient
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Elderly abuse on the rise
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| Photo by Eduardo Barrios on Unsplash |
PENNSYLVANIA — Pennsylvania’s elderly population is rapidly growing; so are the dangers seniors face on a daily basis. Robin Soares, protective services supervisor with the Pike County Area Agency on Aging (AAA), recently called elder exploitation a “rampant” problem “all over the state.”
According to the PA Department of Aging (PDA), between 2016 and 2021, reports of elder abuse increased by 63 percent. Such a dramatic uptick can be attributed to the state’s ongoing educational efforts to help residents recognize and report instances of elder abuse. However, modern technology allows con artists and scammers to employ tactics that get more and more sophisticated and convincing every year, PDA found in a recent study.
Throughout the 2022-23 fiscal year, Wayne County’s AAA has received more than 200 reports of abuse. Financial exploitation accounted for nearly one-fourth of those calls.
Social isolation and loneliness have put older residents at an increased risk as well.
“Even before COVID, but of course with the pandemic, social isolation became even more of an issue,” said Mary Ursich, director of Wayne County AAA. “We’ve seen a lot of romance scams that have been occurring, and people have lost quite a bit of money on those.”
Years ago, PA governor Tom Corbett declared June Elder Abuse Awareness Month. Worldwide, June 15 is recognized as Elder Abuse Awareness Day.
Even with efforts in place to raise awareness, many cases of elder abuse, particularly financial exploitation, likely never get reported at all.
“Compared to other forms of abuse, such as child abuse, there is a dire lack of research, not only on financial exploitation of older adults, but on elder abuse in general,” PDA found in a 2020 study on elder abuse. “There is minimal research on national costs, the causes of elder abuse or how to prevent elder abuse.”
The most common forms of exploitation come in the form of unauthorized bank withdrawals, and the perpetrators are most commonly family members. Ursich said that—since it can be emotionally devastating to file a report against one’s own family member—this also contributes to the underreporting of abuse.
“There’s a lot of reluctance to report that type of abuse, and there’s a lot of reluctance to press charges when that type of abuse has occurred,” she said. “It can be very difficult to report a family member to an agency like ours or to the police.”
Just going on conservative estimates from the substantiated cases, financial abuse is still a multi-million dollar drain on the population. Older Pennsylvanians suffered a collective loss of $58 million over the course of the 2017-18 fiscal year.
The elderly population throughout the state is also getting larger. The Census Bureau estimates that 27.5 percent of Pennsylvania’s population will be 60 and older by 2030, an increase of almost 28 percent from 2012. That’s also notably higher than the national percentage of older Americans, around 17 percent.
The local population is quickly getting older too. More than 32 percent of Wayne County residents are age 60 and older. In Pike County, the 65-and-older age group was the fastest growing demographic between 2010 and 2021, increasing by nearly 50 percent.
As the result of the increasing risks that more and more residents are facing each year, PDA recently assembled a financial exploitation task force made up of state agencies; aging, legal, financial, law enforcement and healthcare stakeholders; and other experts, “to discuss the issue of financial exploitation and focus on a multi-disciplinary approach to its prevention.”
Ursich said that a local task force that handles all forms of elder abuse has been in place since 2016 in Wayne.
“[The task force comprises] people from the banking industry, representatives from the hospital, people who provide home health care, people who are part of law enforcement or the district attorney’s office,” she said. “I think that having a local task force has been really helpful.”
While bringing the perpetrators of abuse to justice is important, Ursich said, it’s not always possible. The primary goal is prevention.
“It is difficult to bring some of these crimes to justice, because at times the older adults themselves might have difficulty testifying,” she said. “Of course bringing someone to justice is very important, but that’s not always feasible, so we’re more focused on preventing, reducing the risk and maybe recouping the losses, if we can.”
Ursich in Wayne and Soares in Pike both encourage older residents to utilize the local resources available, especially the various senior centers throughout the region for meals, social activities and educational opportunities to stay updated on avoiding the latest scams.
For information on the local resources available for older adults, Wayne residents can call 570/253-4262 or visit www.waynecountypa.gov. Pike residents can call 570/775-5550 or visit www.pikepa.org.
Wayne residents who think they or
someone they know might be the victim of elder abuse can call
800/648-9620. Pike residents can call 800/233-8911. Both counties are
available 24/7 to take reports of potential abuse.
Full Article & Source:
Growing older is growing dangerous
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| Connecticut Attorney General William Tong speaks next to, left to right, State Reps. Liz Linehan (D-103) and Jack Fazzino (D-83), and State Senator Jan Hochadel (D-13), at the Cheshire Senior Center, Thursday, April 27, 2023. Tong spoke to seniors on how to combat financial fraud along with other kinds of abuse. Dave Zajac, Record-Journal |
Elder abuse comes in many forms and far too often those in this demographic do not have the connections or resources needed to fight back. A hotline project is working to address that injustice by giving older people a way to protect themselves and get support.
Record Journal reporter Cris Villalonga-Vivoni recently wrote about elder abuse, a nationwide problem and one that continues to be underreported, according to Audrey Grove, director of CareConnect Navigator at Masonicare, a Wallingford-based not-for-profit provider of senior living and healthcare.
Nationwide, an estimated 10% of adults 60 and older will experience one or more forms of elder abuse during any given year, according to the federal Department of Justice.
Elder abuse runs the gamut of painful experiences and can include caregiver neglect and financial exploitation as well as psychological, sexual or physical abuse, writes Villalonga-Vivoni, citing Department of Justice findings. The resulting trauma can result in “increased chance of mortality to financial loss to disruptions in relationships.”
A common and disturbing exploitation involves frauds and scams. Grove told Villalonga-Vivoni that seniors can be easy prey as they may be isolated and looking for connections to others. Their knowledge of internet safety may not be the best, either, Grove explained. For instance, romance scams often foster a friendship with a senior ultimately resulting in the scammer asking for money. Most seniors realize they're being exploited only after it's too late, she said.
Scams often prey on fear, Grove said, describing how a scammer can frighten an older person with a phone call saying a family member was arrested and needs money to get out of jail.
In 2021, the state's Office of Attorney General William Tong created the Elder Justice Hotline. The service provides seniors a place to report abuse and get help with issues that may require financial, criminal or social services to address their situations.
"We provide this resource so that people aren't alone. They have someplace to turn and can get someone in the Attorney General's office to focus on their issues personally,” Tong said.
The Elder Justice Hotline has assisted hundreds of Connecticut seniors experiencing elder abuse, typically fielding 70 calls a week, through its 1-860-808-5555 number. Those statistics show this service is needed and being used.
The idea was to create a “one stop shop” for seniors, making it easier to find and use the many available resources. Hotline operators can immediately connect callers with the right department or authorities for a wide range of needs: housing, food insecurity, health insurance and legal assistance. There’s a follow up call, too, to ensure that the issue is resolved.
Having a phone line with a live staff member was an important piece of creating the service, as older people may not like or have easy access to the internet. They also need to connect with a human voice and not an automated message.
"This hotline will help law enforcement, as well as family and friends, protect our most targeted and vulnerable population,” said James Rovella, the commissioner for the state department of emergency services and public protection. “Our older populations sometimes have difficulty and fear when they are trying to report that they are a victim. This will be a tremendous help."
Giving older people a hotline — at times it’s a lifeline — provides them access to a wide range of support services. It means they do not have to be alone as they sort out what can be a confusing and, at times, dangerous world. The components of this hotline assistance reflect a compassionate and result-oriented approach. The hotline can help our elderly stay healthy and safe and let them know they are valued. “Elder justice” says it all.
Full Article & Source:
EDITORIAL: Hotline helps vulnerable older population
By Amanda Woods
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| The teen boy allegedly punched a 71-year-old man in the face and shoved him on West 55th Street near Broadway. DCPI |
The teen was nabbed at his home Wednesday and charged with assault in connection to the May 6 assault on a 71-year-old man on West 55th Street near Broadway, police said.
The boy approached the septuagenarian from behind just after 9 p.m., punched him in the face and pushed him to the ground, authorities said.
The pint-sized assailant took off, and the senior was taken to Mount Sinai West for medical treatment, cops said.
Days after the attack, police released a photo of the suspect, standing with one clenched fist, in hopes of tracking him down.
In a separate incident later this month, a 69-year-old woman was slugged on board a Queens train around 12:50 p.m. Friday, cops said.
The victim was riding a Manhattan-bound E train approaching Queens Plaza when the stranger approached her, police said.
He punched her once in the head without saying a word, before getting off the train when it pulled into the station, authorities said.
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Police are still looking to track down that suspect, shown on surveillance footage with a small face tattoo and dark curly hair.
He is described as between 30 and 40 years old, with a light complexion and slim build, standing around 6 feet tall.
He was last seen wearing a black hooded sweatshirt, black sweatpants, and black sneakers.
Full Article & Source:
Teen arrested in random beating of man, 71, as NYPD seeks additional suspect in elderly assault
by CANDICE N. HALE
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| Colby Spangler carries groceries for Julie Senter as they walk to her vehicle at Publix at The Village at Lee Branch. Colby’s Act was recently passed by the state Legislature to honor the rights of individuals with disabilities to speak for themselves and make their own decisions. |
More specifically, Colby and other people with disabilities across the state have not seen a modern update on the laws on guardianships and conservatorships since the 1980s. That is, until the work of Colby and his mother, Kim Spangler.
During a seniors’ banquet ceremony for the OMHS band, when students acknowledged their college choices, Colby, then a freshman, asked his parents, “Where am I going to college?” They decided to investigate his options to make an informed decision.
His mother learned that Colby’s individualized education program (IEP) levels had to reach certain criteria to determine if Colby could even go to college. It also brought up the school-to-guardian pipeline discussion from school officials, telling his parents to become his legal guardians.
However, once Colby started applying to colleges, the programs either required or preferred that college students remained their own guardians. This led to the Spangler family’s decision to let Colby become his own guardian when he turned 19 years old.
During Colby’s high school years, Kim Spangler advocated for her son’s disability rights and for a supported decision-making agreement bill, which she said would change the lives of Alabamians with disabilities.
“A lot of people are not aware that you are signing over a lot of rights [with guardianship] — like the rights to vote, marry, where to live or who to live with,” Kim Spangler said. “Also, you maintain so much control over someone else’s life, and then you may decide you don’t want to anymore. Most importantly, when the original guardian passes away, there is often a downward spiral in a person’s life.”
Supported decision-making (SDM) is a substitute to guardianship and conservatorship. In 2022, Colby’s mother introduced the Colby’s Act bill, sponsored by Sen. Arthur Orr (R-Decatur), into legislation.
The Colby Act defines SDM as: “The process of supporting and accommodating an adult in the decision-making process without impeding the self-determination of the adult. This term includes assistance in making, communicating, and effectuating life decisions.”
Colby understands the importance of the bill passing in the state Legislature not only for his own life, but also for the lives of others like him.
“It will help me live a full life — to vote, to marry and to go to church,” he said. “It will help people with disabilities to live their own lives and speak for themselves.”
In April, Colby’s Act passed unanimously and is now waiting for Governor Kay Ivey to sign the bill into law.
“I can choose for myself. I don’t need a guardian,” Colby said.
It will help me live a full life — to vote, to marry and to go to church. It will help people with disabilities to live their own lives and speak for themselves.
Colby Spangler
Colby is able to lead a full life just like anyone else. He currently lives in a basement apartment on his own, attends Highlands College and commutes to his job at Publix.
Kim loves that Colby now functions as his own guardian, but it also couldn’t happen without the support of the community and the awareness they pushed for his disability and rights. Colby even has his own “Dream Team” — his support team that consists of nine other people, including his parents, experts and mutual friends.
“When we increase Alabamians with disabilities’ support and awareness
from inclusion to belonging, then they won’t have to live such isolated
lives like they have had to in the past,” Kim said.
Full Article & Source:
Colby’s Act: Rethinking guardianship for Alabamians with disabilities
“Banks must do a better job of protecting the most vulnerable Californians,” Sen. Dodd said. “That’s why I wrote this bill, which clarifies that if these institutions assist in financial elder abuse, either knowingly or otherwise, they can be held responsible. It will motivate them to detect predatory practices before victims are robbed of their resources, dignity and quality of life – losses from which they may never recover.”
Financial elder abuse cases are on the rise in California. The breadth of predatory practices is staggering, with victims coming from all socioeconomic backgrounds. Perpetrators can be family members, trusted professionals or large financial institutions. Such institutions are uniquely positioned to detect financial abuse and take action. Unfortunately, the language of California’s current financial elder abuse law is unclear, leading to conflicting court rulings regarding the standard of proof for holding accountable a financial institution.
Now, when victims attempt to sue their bank for assisting in a scam, the institution can avoid responsibility by claiming it did not have actual knowledge of fraud. But Sen. Dodd’s legislation, Senate Bill 278, would clarify that victims of financial elder abuse can continue to hold institutions accountable when they should have known of the fraud but negligently assisted in the transfer anyway. The clarification would support victims of financial elder abuse in meeting their burden of proof.
SB 278 is supported by elder rights advocates and Consumer Attorneys of California. It passed the Senate Monday with bipartisan support.
“At a time when online and phone scams — specifically designed to defraud senior citizens — are running rampant, banks are on the front line as mandated reporters to protect seniors from devastating losses of their life savings,” said Kathryn Stebner, president-elect, Consumer Attorneys of California. “By adding a simple clarification to existing law, SB 278 will assure justice for countless victims of financial elder abuse.”
“Older Californians are the fastest growing segment of our population and face a particularly high risk of financial fraud and abuse,” said Caleb Logan of Elder Law & Advocacy and bill co-sponsor California Low-Income Consumer Coalition. “Fortunately, banks can prevent seniors from losing their life savings to a scam. SB 278 will clarify existing law to revitalize important safeguards against financial abuse. We are proud to support this important bill and applaud Sen. Dodd’s efforts on behalf of seniors throughout California.”
Senator Bill Dodd represents the 3rd Senate District, which
includes all or portions of Napa, Yolo, Sonoma, Solano, Sacramento and
Contra Costa counties. More information on Senator Bill Dodd can be
found at www.senate.ca.gov/dodd.
Full Article & Source:
Senate Approves Sen. Dodd’s Elder Fraud Protection Bill
