Wednesday, September 11, 2024

Sartell Man Accused of Defrauding Homeowners, Vulnerable Adults


by Lee Voss

ST. CLOUD (WJON News) -- A Sartell man faces nine felony charges for allegedly defrauding four homeowners out of more than $200,000.

Forty-two-year-old Travis Peterlin is accused of stealing $200,236.01 from homeowners in Stearns, Sherburne, and Isanti counties. Some of the charges include exploiting vulnerable adults.

According to the charges, the thefts happened between the fall of 2022 and the summer of 2023 when Peterlin worked as an estimator for a local home improvement company.

The charges allege Peterlin would tell customers that the company wouldn't do specific work but that he could do it "on the side". He would then take down payments and fail to complete the work.

In one case, Peterlin is accused of convincing an Isanti County woman to loan him more than $50,000 to buy a pickup and trailer he never bought. He also allegedly collected checks worth thousands of dollars from the woman for work that was either never done or greatly exceeded what it should have cost. She told an investigator that she felt she was being overcharged but was too embarrassed to tell her children. The woman's power of attorney was not present during the transactions. Court records indicate the woman was swindled out of more than $143,000.

In a separate instance, a St. Cloud man allegedly lost more than $68,000. The man told authorities he did not remember writing the checks and wondered whether they were stolen from his bedroom. The charges allege the checks were all deposited into Peterlin's bank account.

In that case, Peterlin is also accused of coercing the man to write out a $15,000 check for a Habitat for Humanity home improvement grant application that doesn't exist.

The charges against Peterlin range from theft-by-swindle to check forgery to the financial exploitation of a vulnerable adult.

Peterlin has court appearances scheduled for October and November.

Court records show he was fired from the company in July of 2023 when the fraud was discovered.

Full Article & Source:
Sartell Man Accused of Defrauding Homeowners, Vulnerable Adults

Clarksburg (West Virginia) man charged with elderly exploitation, embezzlement

From Staff Reports


CLARKSBURG, W.Va. (WV News) — A Clarksburg man is accused of stealing money from an elderly woman and then continuing to financially exploit her estate after her death, according to the criminal complaint against him.

William Kehrer, 52, is charged with embezzlement by a fiduciary and financial exploitation of an elderly person after allegedly taking more than $250,000 from the accounts of an 87-year-old woman who is now deceased.

Kehrer is alleged to have moved $266,266 from the 87-year-old victim’s account into his own.

Although Kehrer made “a good-faith effort” by writing a check for $13,930 for the woman’s care to the Clarksburg Nursing and Rehabilitation Center, he kept the remaining $252,336 in his own account, Clarksburg Police Detective A.C. Vernon alleges.

“The remainder of the money was misappropriated by being moved to the defendant’s account, without being used to assist (the victim),” Vernon said in the complaint.

Kehrer also is alleged to have embezzled nearly $20,000 from the woman’s estate following her death.

Kehrer, as the fiduciary of her estate, is alleged to have failed to produce for appraisement a 2007 Dodge Durango valued at $7,000 and a refund check from the Clarksburg Nursing and Rehabilitation Center in the amount of $11,542.

Kehrer also is alleged to have taken around $1,008.86 from the estate to “pay utility bills.”

If convicted on the embezzlement charge, Kehrer could face a prison sentence of not less than one nor more than five years, according to state code.

If convicted on the financial exploitation charge, he could face a fine of not more than $10,000 and prison sentence of not less than two nor more than 20 years.

Full Article & Source:
Clarksburg (West Virginia) man charged with elderly exploitation, embezzlement

Tuesday, September 10, 2024

Guardianship Lawyers Urge NJ to Shift Fees for ‘Most Vulnerable’


by Alex Ebert

Attorneys advocating for indigent elderly and mentally-ill New Jerseyans warned the state high court that rules forcing them to pay for expert witnesses out of their own pockets make it difficult for them to protect their clients.

Without fee-shifting to pay attorneys opposing the state in conservatorship cases that they otherwise take pro bono, “the house is on fire,” said Brian C. Lundquist, the attorney for a man with disabilities—referred to has Hank—in a two-hour oral argument Monday.

The dispute centered around Hank’s case in which the state, and all courts, praised the work of his attorneys. Sussex County initially sought a “plenary guardianship” stripping Hank, injured in a car crash, of most of his legal, financial, and healthcare rights. Two lawyers assigned to the case by the trial court found that made no sense considering his relative independence, and they got the county to change its mind and provide a limited guardianship after hiring a rebuttal expert.

The case centers on the question of who pays for the essential attorney time and medical expertise spent saving the man’s liberties.

The trial and appeals courts agreed with Sussex County that it’s small adult protective services branch—with an operating budget under $100,000—shouldn’t be forced to pay for this and other cases. The county argued it needs its cash to protect its “most vulnerable” citizens and the communities in which they lived.

Lundquist, in an argument that was heated and led to frequent interruptions between him and the justices, said he couldn’t hide his emotion.

“An affirmance would be akin to the clearest message you can send to any counsel assigned to represent these individuals that under all circumstances you will not be paid, and that includes all expenses for experts,” he said. “Don’t send that message. The house is on fire, let’s not argue about picking up the hose.”

Government Immunity

Under New Jersey law state and county protective services staff are tasked with evaluating those who potentially pose a danger to themselves or others with the help of hired experts to evaluate the capabilities of “allegedly incapacitated individuals.” Where possible the process leads to consent to government services ranging from housing to medicine.

However, sometimes a person’s capacity indicates they can’t consent and cases must be opened. Courts here assign attorneys to represent clients—often indigent—to ensure process is followed and citizens keep their rights where appropriate, but it doesn’t always pay for those experts or the lawyers’ time.

The courts should only charge the state shifted-fees if there are damages involving malfeasance on the part of the government, William G. Johnson, Sussex County’s attorney said. Otherwise, there would be an incentive for the system to break down, and for opposing attorneys to prolong litigation to seek higher fees.

The New Jersey Attorney General, which came in supporting the county, agreed with Johnson. They both said that fees, and maybe even expert witness fees, should be the responsibility of pro bono counsel.

“I’m sympathetic, but that’s what we should expect members of the bar to do,” Johnson said. “Because we’re a dedicated profession, we’re called upon to do these things.”

Rules, Statute Interplay

All of the justices wrestled with the lack of a statute on-point regarding the fees at issue. In other contexts, like public defense of criminal defendants, there’s a pathway for payment of essential expert reports for pro bono counsel.

Deputy Attorney General Stephen J. Solcum tried to move the judges to a standard somewhat in between Lundquist and Johnson.

He said that allegedly incapacitated persons’ counsel should be able to apply, in advance, for the court to get an expert to rebut the state. Then the court could later use its discretion to potentially split the fee between the litigants.

However, upon pressing by the judges, he agreed that logically that process doesn’t align with the state’s statute that provides broad immunity to the state and a guardianship court rule that allows courts to grant potential fee shifts with their discretion.

Lundquist said trying to square those two legal sources was “impossible game of ‘go fish.’” Instead, he would just leave the matter up to the trial court, granting judges wide discretion to pay for experts and award attorneys that go the extra mile for clients.

Otherwise, he said, New Jersey should expect counties to always seek plenary guardianships. Government workers don’t want to be blamed if people they’re overseeing “get out of an apartment and get hit by a car crossing the street.”

Because of that incentive, he said, the state will default to more protection than may be needed, and their experts need to be rebutted because they’re preferences align with the state.

“You know the thing about experts,” Lundquist said. “I can get you whatever opinion you want if you pay the right price.”

The case is In the Matter of A.D., an Allegedly Incapacitated Person, N.J., No. A-30-23, 9/9/24.

Full Article & Source:
Guardianship Lawyers Urge NJ to Shift Fees for ‘Most Vulnerable’

Monday, September 9, 2024

Joplin woman accused of exploiting elderly, blind woman heads to trial

by: Bobbie Pottorff

JOPLIN, Mo. — A Joplin woman accused of stealing large sums of money from an elderly, blind woman will go to trial.

Tammy Tripp, 51, waived her preliminary hearing on Thursday and was bound over for trial.

Tammy Tripp, 51

Prosecutors charged Tripp with financial exploitation of an elderly disabled person back in June.

Tripp is accused of stealing nearly $717,000 from the elderly woman’s bank and retirement accounts.

An investigator for the Missouri Department of Health and Senior Services says once the elderly woman’s family learned about the possible fraud, Tripp and her husband removed the woman from an assisted living facility and hid her at a camper park in Oklahoma.

Authorities say Tripp also allowed her daughter to access the elderly woman’s bank account and get $93,000 to purchase a house.

Tripp is still sitting in the Jasper County Jail on a $50,000 dollar cash-only bond.

Full Article & Source:
Joplin woman accused of exploiting elderly, blind woman heads to trial

Sale of 15 Bankrupt Nursing Homes in Pennsylvania in Jeopardy Amid Rising Closures


By Zahida Siddiqi

The sale of 15 bankrupt nursing homes in Pennsylvania might be under jeopardy, putting more residents in the state at risk of being displaced.

The sale is part of a financial reorganization plan of the nursing homes’ former owner South Hills Operations, a New York-based nursing home operator currently undergoing Chapter 11 bankruptcy. South Hills filed for voluntary protection from creditors May 17 under Chapter 11 of the U.S. Bankruptcy Code.

On Wednesday, the U.S. Department of Justice (DOJ) entered a $35.8 million judgment against South Hills Operations in Pittsburgh’s bankruptcy court, emphasizing South Hills was “jointly and severally liable” for underpaying its workers. A judge ruled earlier that South Hills Operations had “acted with malicious self-interest” in underpaying wages for 5,595 nursing home employees over a period of many years.

The nursing homes that could be impacted are located across seven counties in Western Pennsylvania. Together, these 15 for-profit nursing homes have a combined capacity of 2,046 patients.

The latest judgment follows a court ruling in July, in which four nursing homes in the Pittsburgh area that were part of the South Hills restructuring plan, succeeded in avoiding closure after an agreement was reached to sell the properties to New York-based WeCare Center. 

The court eventually approved the sale of the four nursing homes to WeCare, which operates 10 facilities between the two states, with the condition that these facilities be sold “free and clear of all liens, claims, encumbrances, and interests.” The sale, initially slated for completion on July 15, faced potential collapse if not finalized. The bankruptcy court is scheduled to hold a hearing next week to address the sale of the nursing homes, according to an article in the Pittsburgh Post Gazette.

If the government’s claim is upheld, the other facilities will also be impacted. 

This news comes amid a spate of closures and bankruptcies in Pennsylvania. Residents at Mountain View Care and Rehabilitation Center were relocated after its closure. Also, LaVie Care Centers, which has 9 facilities in the state, filed for Chap. 11 in spring. And last month, Guardian Healthcare, another long-term care provider based in the state, also sought Chapter 11 protection, affecting 19 nursing homes, pharmacies, and related businesses in Pennsylvania and West Virginia.

Full Article & Source:
Sale of 15 Bankrupt Nursing Homes in Pennsylvania in Jeopardy Amid Rising Closures

Woman sought for exploiting elderly person arrested

By Cesar G. Rodriguez

A woman wanted for exploitation of an elderly person has been arrested, according to the Webb County Sheriff’s Office.

Authorities said on Friday that Norma Lisa Gonzalez was arrested in Kleberg County and served with a warrant charging her with exploitation of a child, elderly individual or special needs person, a third degree felony.

“I thank the community for all your help in capturing the suspect. Exploitation of our senior citizens will not be tolerated," said Sheriff Martin Cuellar in a statement.

"Elderly abuse and exploitation is one of the most heinous crimes and we must all do everything in our part to ensure that perpetrators are brought to justice."

Cuellar encourages the community to report suspicious activity at (956) 415-BUST (2878) or (956) 523-4408. Information leading to an arrest may be eligible for a cash reward.

Full Article & Source:
Woman sought for exploiting elderly person arrested

Sunday, September 8, 2024

Caught on audio: Oakland Co. judge called self a 'new racist,' used gay slurs

by Kara Berg

An Oakland County Probate Court judge who was removed from her docket last week for "unprofessional conduct" made a series of comments about Black people and used gay slurs, including at least two against Oakland County Executive Dave Coulter, before her removal, according to audio recordings obtained by The Detroit News.

The six recordings were verified Thursday by Coulter's office and Oakland County Board of Commissioners Chairman David Woodward as being the voice of Probate Court Judge Kathleen Ryan. They include graphic statements about Coulter, who is gay, and refer to Black people in the United States as "lazy."

The recordings are now connected to a state judicial misconduct investigation into Ryan, Coulter spokesman Bill Mullan said Thursday. Ryan, who was removed from her docket on Aug. 27, will remain on leave by order of the chief Oakland County Probate Court judge pending the outcome of a Judicial Tenure Commission investigation, Mullan said.

It's unclear when the recordings, which altogether last roughly a minute, were made or if Ryan consented to be recorded.

Ryan did not respond Thursday night for comment, and her attorneys couldn't be immediately reached.


Probate Court Administrator Edward Hutton declined to comment on Ryan's removal but told WXYZ-TV (Channel 7) for a story published Thursday that he is the one who recorded the audio of the judge and submitted a sexual harassment complaint against Ryan. He also said he sent the recordings to Michigan Supreme Court Chief Justice Elizabeth Clement, Coulter and other public officials on Aug. 22, months after he sent Oakland County Chief Probate Judge Linda Hallmark a notice of sexual harassment and nothing happened.

“I just want to make it right,” Hutton told WXYZ. “I haven't filed a lawsuit. I'm not looking for a payday. I want to keep my job and do it in peace. And I want the people in Oakland County that come to court to get a fair shake, to have their day in court, to have an unbiased trier of fact."

Hallmark said when Hutton reported the sexual harassment to her in May, she immediately contacted the State Court Administrator’s Office and the county. He did not give her any of the recordings until last week, she said, when she removed Ryan from her docket. She said Hutton sent the recordings out without her knowledge. 

“As soon as I heard recordings, I took immediate action,” Hallmark said. 

She declined to comment on the recordings other than noting they were “obviously troubling.” 

In the recordings, Ryan can be heard calling Coulter a gay slur and telling him to "put that in your f------ a-- and stuff it." She said Coulter was "more concerned about the f------ AIDS vaccinations."

The recordings were short and did not give any context for the rest of the conversation. It is unclear where or when they were recorded.

Ryan is heard in the audio saying that "as far as I’m concerned, (Coulter's) a skinny White girl."

Ryan also made a comment about how Black people from countries other than the U.S. are better and that "if you're an American Black person, then you’re a f------ lazy piece of shit."

"Like I said before, I was not racist before. I f------ h---, I am now," Ryan said. "I really f----- am now. I can honestly say that. OK, I’m not systemically racist, I’m a new racist. I never was, but now I am because you're shoving this s--- down my throat, making allegations that you don’t know s--- about. You’re telling me who I am and you’ve never f------ met me."

The probate judge also said another person is a "fucking c---sucker. He’s just a dick. I have no use for him."

“There is absolutely no place for harassment of any kind or for racist or homophobic language by anyone at Oakland County, especially by someone the public must be confident will act fairly and impartially," Coulter said in a statement. "The alleged conduct and abhorrent comments made by Judge Ryan merited her removal from the Probate Court docket pending further investigation. I have confidence that the agencies reviewing this matter will treat it with the seriousness it deserves and will take further action if warranted.”

Woodward, the board chairman, said if what Ryan said on the recording is true, she "needs to do the right thing and save the people of Oakland County the embarrassment and resign immediately."

"I can't express enough the disappointment and disgust I felt after hearing (the recordings)," Woodward said. "Bottom line, this type of hate speech dishonors the black robe, corrupts blind justice, and costs a loss of public trust in our judicial system."

Judicial Tenure Commission Executive Director Lynn Hellend has declined to confirm if there was an investigation into Ryan. The commission handles investigations into judicial misconduct on or off the bench, and most cases are handled confidentially within the commission. It is rare for judges to be removed in general, especially before their case is adjudicated.

Ryan does not have any previous public Judicial Tenure Commission complaints, according to the JTC website.

Ryan has been on the bench in Oakland County since 2010. She ran unopposed in 2022 and is next up for election in 2028.

Ryan was charged with misdemeanor domestic violence in 2021, but the case was dismissed in March 2022. The Oakland County Prosecutor's Office did not respond for comment on why the case was dismissed.

Full Article & Source:
Caught on audio: Oakland Co. judge called self a 'new racist,' used gay slurs 

See Also:
Oakland Co. probate judge removed from docket pending misconduct investigation

Florida lawyer swindled over $1.5M from trust fund set up for Pennsylvania siblings: Sheriff

Jason Penrod is charged with first-degree felony grand theft of over $100K

By Greg Wehner 

A Polk County, Florida, attorney was arrested for stealing nearly $2 million from a trust set up for a Pennsylvania brother and sister by their now-deceased father.

Polk County Sheriff Grady Judd said during a press conference on Thursday afternoon that 47-year-old Jason Penrod of Family Elder Law has been arrested and charged with first-degree felony grand theft of over $100,000.

Judd said that his office had received complaints on July 25 and July 29 about Penrod that are still under investigation and pending the return of bank records.

But on Aug. 2, a complaint was filed with the Pennsylvania State Police, accusing Penrod of ripping off a brother and a sister who had a trust from their now-deceased father.


Judd said that Penrod had flown to Pennsylvania to look the trustees in the eye and say, "I took your money. Not only did I take your money, I took $1.7 million. I wiped out the trust. But I’m going to pay it back."

The sheriff also said Penrod told the siblings he had a gambling addiction and gambled the money away at the Seminole Hard Rock Casino in Tampa.

After Penrod blamed the loss of money on his gambling addiction, he then said he would pay it back with interest like a "short-term-loan," Judd said.


The suspect also allegedly provided a litany of excuses, Judd explained, saying that he had repressed memories, post-traumatic stress disorder (PTSD), trauma, numbness and stress.

When Penrod returned, he allegedly checked himself into a facility to be treated for his gambling addiction, and as the investigation continued, Judd’s investigators learned that there were at least two more victims, bringing the number of victims to four, and the total loss to about $4 million.

Judd said Penrod had agreed to give up his law license before refiling so he can make the money to pay it back.


"This guy’s delusional, among all of his other excuses," Judd said.

The sheriff said his investigators and the state’s attorney are going to do what they can to send Penrod to prison "for a very long time."

The one crime he has been charged with so far, grand theft of over $100,000, carries a maximum prison sentence of 30 years.

Adding to the number of excuses Penrod allegedly gave for draining the account, Judd said the suspect considered suing the Hard Rock for letting him gamble there.

"Now, you tell me that this guy doesn’t have a hitch in his giddy up," Judd said. "He’s got about five brain cells, and three of them he left in the Hard Rock. And now, he’s locked up and going to prison. That’s our goal."


Judd provided additional details about the alleged swindles that Penrod is accused of conducting.

One of the victims is a 93-year-old woman whose husband and two sons died. One of the sons had left his mother a trust to help take care of her. That money is now at the Hard Rock, according to Judd.

"Jason stole the money, and by his own confession, he was spending the money at the Hard Rock," the sheriff said. "Now he’s trying to hide behind mental illness. He’s not mentally ill. He’s a thief. He’s an absolute thief."

Judd said the investigation into Penrod is underway, and it is unknown how many other cases or victims there may be.

He also said there may be people who lost money and do not even know they lost the money because they get paid out only once or twice a year.

Still, Judd alleges that Penrod stole millions of dollars.

"The worst kind of criminal is the one that hides behind a coat and a tie and steals money with a law license or a professional license of any kind," Judd said. "So, at the end of the day, Jason, you’re not going to have a royal flush, but you have a jailhouse flush that’s guaranteed from us."

Full Article & Source:
Florida lawyer swindled over $1.5M from trust fund set up for Pennsylvania siblings: Sheriff

'Hero Dog' saves owner from danger during intense Monsoon storm

She says he never barks, but when severe weather caused major damage outside of her building, her dog did something he normally never does.

Source:
'Hero Dog' saves owner from danger during intense Monsoon storm