Congressional Testimony: Garr Alan Sanders to Bill Windsor of Lawless America

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YouTube: Lawless America: Congressional Testimony: Garr Alan Sanders to Bill Windsor of Lawless America
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NASGA: Robert Sanders, Missouri Victim

House Votes to Eliminate "Lunatic" From Federal Law

The word “lunatic” will be stricken from federal law under legislation that passed the House on Wednesday and is headed to President Obama for his signature.

The Congressional action is the latest effort to remove language from federal law that has become outdated or is considered demeaning. Two years ago Congress took out references to “mental retardation.”

“The term ‘lunatic’ holds a place in antiquity and should no longer have a prominent place in our U.S. code,” said Representative Robert C. Scott, Democrat of Virginia, shortly before the 398-to-1 vote in the House. The word, derived from the Latin word from moon, arises from ancient beliefs that people could become “moonstruck” by lunar movements.

The legislation cites one instance in banking regulation that refers to the authority of a bank to act as a “committee of estates of lunatics” on guardianship issues.

The Senate passed the measure in May; it was sponsored there by Senators Kent Conrad, Democrat of North Dakota, and Michael D. Crapo, Republican of Idaho.

“Federal law should reflect the 21st century understanding of mental illness and disease, and that the continued use of this pejorative term has no place in the U.S. code,” Mr. Conrad said.

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House Votes to Eliminate "Lunatic" From Federal Law

Attorney: San Mateo County Office so Chaotic That Workers Had to Cover Dead Clients' Estate Costs

The San Mateo County Public Administrator's office was so disorganized that employees frequently paid for work-related expenses out of their own pockets and reimbursed themselves from clients' accounts, according to a legal motion. The attorney for one of two former county employees arrested in June on suspicion of stealing from the estates of deceased residents filed the motion in an attempt to obtain grand jury transcripts on the case.

Although federal Magistrate Judge Nathanael Cousins denied release of the transcripts, Dean Johnson, the lawyer for defendant Peter Wong, said he is confident his client and fellow defendant Mandy Natchi Yagi will be vindicated if the case goes to trial as scheduled May 6.

"They worked for the county under some very difficult circumstances," Johnson said. "They tried very hard to do a very good job."

Wong, of Daly City, and Yagi, of San Mateo, were arrested by FBI agents in June and charged with conspiracy to commit theft from a federally funded program and theft concerning a federally funded program. An indictment filed in U.S. District Court and unsealed after their arrest states that the two took money, jewelry and other valuables from estates they administered.

In his motion, Johnson claimed the FBI's evidence showed that the Public Administrator's office "was best described as chaotic."

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Attorney: San Mateo County Office so Chaotic That Workers Had to Cover Dead Clients' Estate Costs

MI: Redford Woman Charged With Embezzling Money From Elderly Father in Nursing Home

A Redford Township woman is charged with embezzling money from her elderly father while he was in a nursing home.

Renee Bullock was charged with one felony count of embezzlement from a vulnerable adult.

 

Mich. Attorney General Bill Schuette announced the charges on Wednesday.

Schuette say Bullock used more than $140,000 of her father's money for her own personal use.

Bullock was granted power of attorney and appointed guardianship of her father after he was admitted to nursing facility in Westland.

 

From the time her father was admitted to the facility in Dec. 2010, until March 2012, Schuette says Bullock failed to make payments to the nursing home.

Instead Schuette says Bullock leased a Cadillac CTS and a Chevrolet Tahoe and made payments to them using the funds.

An investigation also found the money was used at casinos, nail and tanning salons, numerous restaurants and retail establishments.

In addition, Schuette says cash advance loans were repaid with the money.

"Financial exploitation of Michigan's most vulnerable, our seniors, is one of the fastest growing crimes," said Schuette. "Nursing home residents are the most vulnerable and the least likely to detect or report exploitation. We are cracking down on criminals who target Michigan's nursing home residents."

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Redford Township Woman Charged With Embezzling Money From Elderly Father in Nursing Home

Nevada Family Court Judge Suspended

A Family Court judge charged in an investment fraud scheme is off the bench.

The state Judicial Discipline Commission has suspended Judge Steven Jones with pay, until his criminal case is resolved.

Jones and five others have been indicted on charges they persuaded people to lend them money, promising fast repayment with interest. Prosecutors allege Jones used his position to vouch for the other defendants, including his former brother-in-law.

Jones has pleaded not guilty, and he will go to trial in August.

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Family Court Judge Suspended

Author Joe Roubicek Guests This Sunday Night on T.S.Radio

Joe Roubicek, author of "Financial Abuse of the Elderly: A Detective's Case Files of Exploitation Crimes" will be a special guest this Sunday night (12/9) on T.S. Radio to discuss his newest book, "Kill Mom, Kill Dad: Disposing of the Elderly for Profit!"

The new book, a work in progress, is an expose providing a panoramic view of the devastation and corruption of exploitation crimes that even seasoned criminal investigators are unaware of.

5:00 PST … 6:00 MST … 7:00 CST … 8:00 EST
NASGA will post a direct link to the show on Sunday, 12/9, so you can listen to it live!

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Editorial: Time to Fix State's Guardianship Laws

The Minnesota Attorney General’s Office recently prosecuted a legal guardian, Terri Ann Hauge doing business as Estate Resources, Inc., who was suspended from the practice of law in Minnesota in 1995 for lying to clients and mishandling cases.

Because existing law does not require disclosure of professional licensing actions, Hauge was subsequently appointed to serve as a guardian for dozens of vulnerable adults.

That was bad news for them: A complaint filed by the Attorney General’s Office and court documents alleged that:

• In one case involving a ward under her care who only received $650 in Social Security per month, Hauge drained $22,666 from his bank accounts over a seven month period, leaving him with $34.

After Hauge was removed as his guardian-conservator, county social services found that he was living in a squalid apartment with no edible food.

Legislation is in the works by Rep. Debra Hilstrom, chair of the Minnesota House Judiciary Committee, and Sen. Ron Latz, chair of the Senate Judiciary Committee.

The Minnesota Attorney General’s Office supports the proposed legislation, which it says would improve Minnesota’s background check process for guardians and conservators and provide stronger safeguards against financial exploitation by:

• Expanding background checks to include whether a guardian or conservator has ever been denied a professional license by the state related to the responsibilities of a fiduciary duty, or whether they’ve had a license conditioned, suspended or revoked.

• Requiring that guardians and conservators disclose additional information that may bear on their soundness as a guardian, including whether they have filed bankruptcy, been found civilly liable for fraud or misrepresentation, have outstanding civil monetary judgments against them, or have an order for protection or harassment restraining order issued against them.

• Providing that background checks be conducted every two years, instead of every five years as the law currently provides.

• Requiring that guardians disclose the above information, as well as any changes in their criminal history, within 30 days of the incident.

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Editorial: Time to Fix State's Guardianship Laws

Minnesota Attorney General Wants Deeper Background Checks on Guardians

After hundreds of allegations of guardian abuse, neglect and theft across the nation, Minnesota Attorney General Lori Swanson wants a more rigorous background check process for all guardians and conservators in Minnesota.

She is backing legislation, written by state Rep. Debra Hilstrom, DFL-Brooklyn Center, and Sen. Ron Latz, DFL-St. Louis Park, that would provide greater protection to vulnerable adults under the care of guardians.

"This legislation would update Minnesota law to help ensure that guardians meet the high standards necessary to look after another person," Swanson said.

The proposed legislation would require guardian background checks every two years instead of the current five years. It would expand the checks to include whether a guardian previously had a professional license denied, suspended or revoked.

It also requires they disclose any information that could decrease their ability to act as a guardian. This information includes whether they have filed for bankruptcy, were found liable for fraud or have had a restraining order against them.

Swanson's office pointed to the conviction of guardian Terri Ann Hauge as to why the tougher law is needed. Hauge was suspended from practicing law in 1995, but because Minnesota law does not require she disclose the suspension, Hauge was appointed to serve as a guardian for dozens of adults.

Hauge stole more than $22,000 from a client, leaving him with $33 in his bank account, prosecutors said.

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Minnesota Attorney General Wants Deeper Background Checks on Guardians

California Fiduciaries Bureau Advisory Committee Lacks Public And Non-Profit Advocacy Committee Members

As of July 6, 2012, the California Fiduciaries Bureau Advisory Committee lacks three members out seven. The three of the four current committee members are all private licensed fiduciaries, leaving very little room for the protection of consumers of the private fiduciary, guardian, and or trustee in California.

According to the Fiduciaries Bureau Committee Member web page at http://www.fiduciary.ca.gov/about_us/advisory_committee.shtml, all its licensed private fiduciary advisory members have been appointed by the Governor of California.

It is not surprising that the Fiduciaries Bureau of California is lacking a public advisory committee member, and it also not surprising that the Bureau advisory committee is without a non-profit organization advocating on behalf of the elderly, considering the Bureau’s lackluster record in protecting consumers of private fiduciaries from financial abuse, emotional distress, and their freedoms.

The Fiduciaries Advisory Committee may be reached at fiduciary@dca.ca.gov.

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FiduciaryWatch: California Fiduciaries Bureau Advisory Committee Lacks Public And Non-Profit Advocacy Committee Members