Saturday, April 13, 2013

Former Probate Clerk Found Guilty of Embezzlement

A former probate clerk in Chesapeake Circuit Court was sentenced last week to serve one year in prison for embezzling from his office.

Maurio B. Anderson, 32, of Norfolk pleaded guilty in December to two counts of felony embezzlement.

According to court documents, Anderson handled probate matters between June 1, 2009, and May 16, 2011, for the Chesapeake Circuit Court clerk's office. It was his job to collect fees and taxes from people interested in opening estates and recording wills.

In May 2011, a state audit discovered 397 probate files that were missing cash receipts. The receipts would have totaled $24,166, documents said.

Circuit Judge Randall D. Smith sentenced Anderson to 10 years in prison with all but one suspended. He ordered him to pay $24,500 in restitution.

"Mr. Anderson has demonstrated total contempt for the policies, procedures and protocol of this office," Clerk of the Circuit Court Faye W. Mitchell wrote in a letter to the judge.

Source:
Former Chesapeake Clerk Guilty of Embezzlement

Dementia is the Highest Costing Disease - and Rising

A report in the latest issue of the New England Journal of Medicine says the U.S. spends more on treating dementia than any other disease including cancer and heart disease.
Annual spending already tops $100 billion for direct treatment; tack on $50-100 billion for informal care like the cost of leaving your job to care for a parent. That works out to $50,000 per person. And those costs are expected to double by 2040.
Dementia carves away the ability of people to care for themselves. Rand economist Michael Hurd, who authored the study, says it’s no mystery why we spend more treating this disease than any other.

"The big cost is the cost for nursing homes, and nursing homes cost a lot," says Hurd, who adds that nursing homes and in-home care makes up at least 75 percent of all spending.

About 4 million Americans suffer from some form of dementia today. By 2040, that number is expected to reach 9 million.

Full Article and Source:
Dementia is Highest Cost Disease and Rising

Man Arrested for Financial Exploitation and Forgery

A Cape Girardeau man, already involved in a civil case for alleged fraudulent and dishonest practices going to trial in July, has been arrested. Scott County Sheriff Rick Walter says that 52-year-old Keith Monia has been charged with two counts of financial exploitation of the elderly, and two counts of forgery.

He is alleged to have sold two annuity plans to an elderly Scott County couple between 2010 and 2012, accepted applications and payments totaling 220-thousand dollars, and never having sent the applications to the company. Investigators found the money was deposited in Monia’s personal account and an online trading account. His insurance license renewal was denied in 2011 by the Department of Insurance after allegations of fraud. Monia is being held on $75,000 bond.

His civil trial is set for July 30th, as Monia is being sued by a Jackson man who said he took $80,000 that was supposed to be placed in an annuity.

Full Article and Source:
Cape Man Arrested for Financial Exploitation and Forgery

Friday, April 12, 2013

Missouri Supreme Court Makes Lawyer Discipline Hearings Public

The Missouri Supreme Court has ruled that an attorney discipline hearing cannot be closed to the public without good reason.

The rare Friday decision says the Disciplinary Hearing Panel can only close a pending hearing involving a St. Louis attorney if the panel can show "good cause." The discipline panel previously issued a blanket order closing the proceedings, which was challenged by Missouri Lawyers Media.

The Supreme Court said its ruling was the first interpreting a new court rule setting guidelines for when disciplinary hearings can be confidential.

St. Louis attorney Ben Lipman represented Missouri Lawyers Media. He says the decision will help ensure future proceedings are not closed inappropriately.

Source:
Missouri Court Makes Lawyer Discipline Hearing Public

Manhattan Lawyer Indicted for Stealing $213K From Victim Settlements

A thieving Manhattan lawyer used wacky excuses to stall off his victim clients -- including that a moose had run into his car, prosecutors said today.

The "moose excuse" didn't save Brian Reis, 52, from getting indicted for allegedly stealing $213,000 in settlements and retainer fees from four victims.

Reis -- a father of four from Morristown, NJ -- stole a $90,000 lawsuit settlement from one victim client, then kept him at bay for five years via a series of what DA Cyrus Vance called "preposterous excuses."

In addition to invoking the imaginary moose, Reis told the client that his car had caught fire and exploded and that his father was in the hospital, according to court papers.

Reis, who was disbarred last month, spent some $640,000 on online gambling since 2007, according to court papers. Assistant district attorney Jose Fanjul told a judge today that prosecutors will seek an at least two-year prison sentence.

"Mr. Reis recognizes his obligations and is making efforts to provide restitution," his lawyer, Michael Bachner, told reporters after his client pleaded not guilty to scheme to defraud and grand larceny.

Full Article and Source:
Manhattan Lawyer Indicted for Stealing $213K From Victim Settlements

Thursday, April 11, 2013

National Enquirer Heirs Feud Over Family Fortune

A family feud. A multimillion dollar estate. Dueling allegations of fraud. Accusations of kidnapping, theft, and stalking. Tales of lavish spending that include a private jet chartered to transport 18 dogs.
And in the latest chapter, ongoing in a Florida courtroom today, a wealthy mother so fed up with allegedly being asked for handouts that she has filed a restraining order against her son.
The mother is Florida socialite and philanthropist Lois Pope, 79. The son is Paul Pope, 45, author of "The Deeds of My Fathers" and "Confessions of a Rich Kid from Hell." They are the beneficiaries of a multi-million dollar estate, received following the death of Generoso Pope, founder of the National Enquirer, and the sale of the paper in 1989.

Lois Pope initially received $200 million in the sale, and Paul Pope got $20 million.

In court documents filed in Palm Beach, Fla., last week, Lois Pope accuses her son of demanding more of her money. When she would not turn the money over, she says, he began stalking her, threatening her with violence and spreading rumors about her to gossip columnists and tabloid journalists.

Paul Pope "maliciously and repeatedly harassed his 79-year-old mother… Paul Pope's cruel behavior is causing Lois Pope to suffer substantial emotional distress and to genuinely fear for her safety," Mrs. Pope claims in a restraining order petition.

Paul Pope, his mother contends, "maintain[s] an excessive and extravagant lifestyle, but has never had meaningful employment."

Over the past several years, Paul Pope has repeatedly asked his mother for money, according to court documents. At times she has acquiesced, giving him $8 million and buying him a yacht, according to court papers. But for decades the two have been locked in a series of lawsuits and countersuits, culminating in this week's restraining order hearing.

Most recently, on March 14, Paul Pope demanded $875,000 from his mother on top of $4 million he had asked for in January, she says in her complaint.

When she didn't agree to the payment, she contends that her son contacted a gossip columnist to spread rumors about her.

Full Article and Source:
National Enquirer Heirs Feud Over Family Fortune

Overmedicated?

Millions of Americans place their loved ones in nursing homes every year with the belief that their parents and grandparents will be cared for at all times. Unfortunately, with one out of every three nursing homes cited for abuse across the country, nursing home abuse is a very real problem in the United States. From dehydration and malnutrition to mental and sexual abuse, there are a variety of ways that residents can be mistreated in a nursing home facility. One common way many nursing home or assisted living facility residents can suffer is through overmedication.

One of the most important parts of nursing home care is ensuring nursing home residents are receiving the proper amount of medication at all times. And with the average nursing home resident taking seven to eight different medications a month, this can be a very involved process. Even with federal regulations in place to ensure nursing homes have a system to provide residents with the appropriate amount of medication according to their doctor or pharmacist’s orders, many residents suffer from overmedication every year.

In 2010, statistics from the Centers for Medicare and Medicaid Services (CMS) reported that over 17 percent of all nursing home patients were receiving antipsychotic medications that exceeded the recommended levels on a daily basis. This number has reportedly been as high as 25 percent in the state of California and even a staggering 71 percent in the state of Florida. Even more alarming statistics suggest that close to 40 percent of nursing home residents were given antipsychotic drugs in 2010 even though they were not diagnosed with psychosis.

Unfortunately, a large number of nursing home abuse cases go unreported.
The new trend of using psychoactive medication to control nursing home residents is extremely dangerous. The Food and Drug Administration estimates roughly 15,000 nursing home residents die every year from unprescribed anti-psychotics.

Full Article and Source:
How to Spot Overmedication in Nursing Homes

Wednesday, April 10, 2013

Elder Abuse Judgment

A few weeks ago, the Judge who presided over the heartbreaking elder abuse case of Dorothy Wilson died of what was reported to be a heart attack. While I am almost certain that the stress and knowledge of his own wrongdoing came into play, it is not up to me to disparage him after the fact. However, as was evident when he ruled on this side of the divide, my spiritual perception of how he passed comes across to me quite differently than reported.

Today, the same cast of characters who were intermingled in destroying the final years of Dorothy are still damaging people. Mary Giordano, of Franchina and Giordano in Garden City, New York was the law guardian for Mrs. Wilson. Her attorney, David Smith, also handled elder care cases in the same vile manner that she did. In one case I am aware that there has been the assumption of theft, threats against both children who were vying for their mother’s rights, the callous disregard and pleas from the family for normal visitation and so forth. It is alleged that Mr. Smith was even ludicrous enough to have security prevent this woman’s children from having access to her in the nursing home he stuck her in. Incidentally, this home has the poorest grade of all the nursing facilities in the county. I am sure that this officer of the court thinks he knows who I am referring to, but he should remember that his past might be coming back to haunt him too, as many people like to reach out comfortably to me.

It has been quite some time since I felt compelled to write another article about elder abuse. Today, seemed to be the fitting point as I was reminded of just how sick and greedy the people who perpetrate these horrors are. I was also given a flashback to a conversation I had with Dorothy that reminded me of the depth of depression she was in because Judge Asarch determined her life not worthy enough of being happy. He allowed for Mary Giordano to give her what turned out to be a death sentence by legally or illegally kidnapping her, depending on whether you are abiding by State or Federal statutes.

If I were to turn a blind-eye toward the thievery and corruption like the politicians, lawyers, judges and others who have seats of power have done, than I am condoning the acts of horrible treatment. All human beings can feed the evil side of their conscious, or their loving, protective side. Generally, we are blessed with a society that instinctually lives in the latter zone. In my opinion, it is people such as Mary Giordano, David Smith and their cohorts who think demonizing and demoralizing those who have pure hearts is a good thing. Just as I am able to see checkbooks shrinking and partnerships turning ugly and on the verge of collapse, I can also see patterns where the universe has decided it is time to tip the scales back in favor of loving souls. This means that on some level a sort of karmic energy is set in motion that will level the playing field.

Full Article and Source:
Elder Abuse Judgment

A New Source of Economic Growth

Apple Computer once famously advised us to “think different.” It’s time to think different about America’s ongoing demographic shift — and to think seriously about the opportunities it holds.

For decades, we’ve been conditioned to believe that growth is driven by the entrepreneurship, consumerism and aspirations of the young. We’ve learned about new technologies, products and services from our children, often the early adopters, who lead us to new ways of communicating, working and playing. Advertisers and marketers see the young as most open to new fashion and change, and as prime consumer targets. Products and services aimed at the young abound.

Conversely, there is a widely held view that aging hangs like a dark cloud over individuals, families, communities and many countries in the developed world. In the U.S., we hear daily that the aging of more than 78 million baby boomers brings with it the burden of entitlements, the inadequacy of pensions, and the rising costs of healthcare.

However, there’s a silver lining in the cloud of aging – and it’s big. Aging boomers represent a powerful wave of potential and opportunity. Longevity is not diminishing their influence; it’s changing their focus as consumers, leaders, learners and workers. Demography is destiny, and the size of a generation counts.

Now is the time for businesses, investors, educators, public policy makers and others to share in the fruits of longevity, or miss the chance to benefit from a massive emerging market. Are the boomers capable of driving the economy forward?

Full Article and Source:
The Longevity Economy: From The Elderly, A New Source Of Economic Growth