Monday, September 23, 2019

Former Presque Isle Co. Public Guardian Charged With Embezzlement

A former Presque Isle County public guardian has been charged with embezzlement.

The Presque Isle Sheriff’s Office recently looked into reports that Shilo Brooke Ferguson embezzled thousands of dollars.

Ferguson is now charged with four counts of embezzlement including one count of embezzling $50,000 to $100,000, and one count for embezzling $20,000 to $50,000.

Deputies say Ferguson was the conservator for the victims in at least three of the cases.

They say the other victim was a decedent’s estate Ferguson represented.

The sheriff says there could be more victims.


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Former Presque Isle Co. Public Guardian Charged With Embezzlement

Texas woman on probation for taking $24,600 from elderly grandmother

Crystal Gwinn
Shortly after a 90-year-old Cody woman was admitted to a nursing home last year, authorities say her granddaughter in Texas began taking thousands of dollars from her bank account. Between June and November 2018, Crystal Gwynn, 35, drained more than $24,600 from her grandmother’s account while letting the woman’s bills go unpaid.

Gwynn pleaded guilty to a misdemeanor count of exploiting a vulnerable adult at a Sept. 4 hearing in Park County Circuit Court. Under questioning from her attorney, she admitted to recklessly transferring the money from her grandmother’s account to one of her own — all without her grandmother’s knowledge.

Circuit Court Judge Bruce Waters ordered Gwynn to serve a year of unsupervised probation, with 364 days of jail time suspended, and to pay $205 in court fees and $25,004.48 in restitution. She also received credit for the day she served in jail after charges were initially filed in April.

The sentence imposed by Judge Waters followed a plea agreement reached between Park County Prosecuting Attorney Bryan Skoric and Gwynn’s attorney, Brigita Krisjansons. Under the deal, an initial felony charge of theft was dismissed and the exploitation charge lowered to a misdemeanor in exchange for Gwynn’s guilty plea and her immediately paying the restitution; she paid the slightly more than $25,000 the same day as her sentencing. In a Thursday interview, Skoric said the deal was supported by Gwynn's grandmother, who did not want he granddaughter to serve additional jail time.

Gwynn, who lives in Whitney, Texas, phoned into court from a noisy garbage truck that she drives as part of her job.

Toward the end of the hearing Judge Waters advised Gwynn that, “In the future I would suggest if you have a court date, maybe you ought to get to a spot where things can go a little better.”

“You’re dealing with a felony charge here,” Waters said, “and driving a garbage truck down the road while we’re trying to ... do a change of plea on this is maybe not the best idea in the world.”

Gwynn agreed and apologized.

She had received the power of attorney over her grandmother’s affairs back in 2016, charging documents say, but the trouble didn’t begin until the 90-year-old was admitted to the Cody Regional Health Long-term Care Center in June 2018.

Just two weeks after the woman’s admission to the center, Gwynn obtained an ATM/debit card for her grandmother’s bank account and began taking out thousands of dollars at a time, Cody Police Detective Rick Tillery wrote in an affidavit. For instance, Tillery found that Gwynn withdrew $2,000 on June 21, while her boyfriend withdrew another $2,000 the following day.

Over the next five months, she made purchases and took cash totalling $24,644.79, Tillery found.

“Crystal did not exercise her fiduciary responsibility as her grandmother’s agent with the above money but diverted the funds to her own use,” Tillery wrote.

Over that same time period, the detective concluded that Gwynn made only two payments that benefited her grandmother: spending a total of about $459 on insurance and utilities on her grandmother’s mobile home in Cody.

However, Gwynn failed to make several other payments on the insurance, utilities and rent — leading to electrical service being shut off and the insurance being canceled, Tillery wrote.

The exploitation was first detected by a worker at the Wyoming Department of Health, Judie Petersen. While helping Gwynn’s grandmother apply for Medicaid assistance for her care at the nursing home, Petersen discovered that Gwynn had nearly depleted the woman’s bank account, Tillery wrote. Her findings were sent to Stacie Sullivan at the Wyoming Department of Family Services, who contacted Cody police.

Gwynn’s power of attorney was revoked by her grandmother on Nov. 9, 2018, with assistance from a social worker at the long-term care center.

“Despite [the woman]’s age and some hearing loss, she presented herself as very competent and mentally capable of conducting her personal business,” Tillery wrote of a December 2018 meeting with the grandmother, adding that she “expressed surprise and disappointment that Crystal [Gwynn] would have taken advantage of her.”

The woman also expressed concern that she would lose her mobile home over the trouble Gwynn had created.

The owner of the RV park wound up having to take over the woman’s electrical payments to make sure the park’s water line didn’t freeze; Gwynn’s restitution included repaying the RV park owner for those expenses.

Noise from her sanitation truck initially made it difficult for court officials to communicate with Gwynn at this month’s sentencing, with Judge Waters having to loudly repeat several of his advisements into the court’s speakerphone. For instance, Gwynn twice did not hear the judge ask for her plea, prompting Krisjansons to loudly call out to her client that, “You need to plead guilty to the charge.”

Gwynn eventually shut off the vehicle, which reduced the background noise and feedback.

As the hearing reached its end, Judge Waters told Gwynn that she was “free to start your truck up and head on down the road.”

While on probation, she must obey the law and cannot have any contact with her grandmother unless the woman requests it.

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ARRESTED: Man accused of tricking elderly woman into giving him money turns himself in

DENHAM SPRINGS, La. (WAFB) - A man accused of tricking an elderly woman with dementia into giving him her money has turned himself in to authorities.

Jacob Tom turned himself in to authorities,
 and faces bank fraud and exploitation charges,
 (Source: East Baton Rouge Parish Sheriff's Office)
Jacob Tom turned himself into the East Baton Rouge Parish Sheriff’s Office, even though the incident happened in Livingston Parish. Denham Springs police will transport him to Livingston Parish, where he will be charged with bank fraud and exploitation.

On Aug. 29, The Denham Springs Police Department said it was looking for Tom, who allegedly tricked the woman into withdrawing money from her bank account to give to him.

Police said Tom went to the woman’s home while she was alone and convinced her that she owed him a large amount of money for work he’d done on her house. Tom never did any work on the woman’s home, according to police. At that point, the man reportedly took the woman to the bank and had her withdraw money to give to him.

Authorities believed he had left Louisiana, possibly traveling to Georgia. His mother had been apprehended in Alabama for her involvement in hiding him from law enforcement.

Tom had reportedly left the woman at the bank after a teller suspected something was wrong and asked him to come inside the bank to complete the transaction. Police said a member of the woman’s family happened to be inside the bank at the time of the incident.

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ARRESTED: Man accused of tricking elderly woman into giving him money turns himself in

Sunday, September 22, 2019

Lawyer found guilty of stealing $850,000 from deceased estates to pay mortgage and wages

By Meagan Dillon

Photo: Stephen McNamara stole from the second
estate in order to cover up the original thefts.
(ABC News: Rebecca Opie)
An Adelaide lawyer has been found guilty of stealing $850,000 from two deceased estates and fabricating documents claiming the money had been invested in Australian opal in order to cover his tracks.

District Court judge Michael Boylan found Stephen Patrick McNamara — who has been a lawyer for more than 35 years — guilty of 33 charges of theft and fabricating evidence in court proceedings.

His associate, Philip John Pitman, was acquitted of one count of using fabricated evidence in a judicial proceeding.

Judge Boylan found parts of McNamara's evidence to be "implausible".

In his judgement, he said the case had an "unfortunate history" after two previous trials by jury miscarried.

McNamara was the director of his law firm Commercial and General Law, and Mr Pitman was a trustee of the Andamooka Opal Stone Unit Trust (AOSUT), which owns a large quantity of Australian opal valued at almost $300 million.

Over an 18-month period, McNamara drained funds from the first estate, worth $480,000, and used the money to pay off his mortgage, personal credit cards and staff wages.

Judge Boylan said pressure from the four beneficiaries — the children of the deceased — to get their entitlements then started to mount.
"Because he had exhausted the estate funds in that way, McNamara was unable to distribute the estate among the beneficiaries," he said.
He then siphoned money from a second estate, worth $500,000, to pay the beneficiaries of the first estate he had stolen from.

It was the beneficiaries of the second estate who made a complaint to the Law Society of South Australia, which triggered an investigation.

"As a result of their complaint, the Law Society decided to appoint a supervisor to McNamara's trust account," Judge Boylan said.

"In an attempt to prevent the appointment, McNamara issued injunctive proceedings in the Supreme Court."

As part of those proceedings, McNamara and Mr Pitman provided signed affidavits and a letter to the court stating the estate funds had been invested.

"The prosecution case is that, having stolen the estates' funds from his trust account, Mr McNamara tried to cover his tracks by pretending to have invested those funds in AOSUT," Judge Boylan said.

Associate may have been a 'puppet'


Prosecutors relied on a series of Skype and text messages, emails and letters found on McNamara's phone and computer to argue that he, Mr Pitman and other AOSUT associates "were engaged in creating a false set of records to hide McNamara's thefts".

In one message to the AOSUT secretary, McNamara said: "Anyway what will stop all this is money coming from the Andamooka Opal Stone Unit Trust. In the first instance the $460K is needed".
"If the trust can arrange this in any way it would certainly diffuse the pressure. The solution is money. In the scheme of things, it is not a large amount. It just has to be raised," McNamara said.
Judge Boylan found no money from either estate had been invested with AOSUT.

"I find that he stole $385,000 from the [first] estate and $465,000 from the [second] estate," he said.

But Judge Boylan said he was not satisfied beyond a reasonable doubt that Mr Pitman knew the money had not been invested with AOSUT.

He said it was possible Mr Pitman was used as a "puppet".

McNamara will be sentenced at a later date.


Full Article & Source:
Lawyer found guilty of stealing $850,000 from deceased estates to pay mortgage and wages

Troubled Rastelle Manor assisted living facility in Daytona Beach will change ownership

Rastelle Manor in Daytona Beach
CIJ Ventures & Properties LLC began to take over the assisted-living facility after Florida’s Agency for Health Care Administration issued a final order in July to the former owners.

After five years of “deplorable” conditions and multiple calls to local law enforcement regarding dangerous residents and other issues, Rastelle Manor in Daytona Beach may soon be getting a new owner after the state told the current owners they had to sell.

But records show the troubled assisted living facility’s current owner once shared an address with the prospective new owner. Documents from the Florida Secretary of State office show that the facility’s current owners and the people who want to buy Rastelle Manor once shared an address for separate businesses in 2009.

According to the Florida Department of State Division of Corporations, Jeffery Gasmena is listed as the owner of CIJ Ventures & Properties, the company wanting to take over Rastelle Manor, the 25-bed facility at 934 S. Ridgewood Ave. Rastelle Manor’s current owner is Bersonn LLC, which has owned the facility since 2005.

In April 2009, state records show Gasmena was the owner of Holy Hands Assisted Living and Care Services. That company shared an address — 815 W. Daughtery Road, Lakeland — with New Era Assisted Living Facility, which is also owned by Bersonn LLC.

Bersonn LLC, owned by Cheryl and Winston Bernabe, took over the New Era facility in Lakeland in August 2009, according to Florida’s Agency for Health Care Administration. Holy Hands, which is not listed with AHCA, had the same address as New Era until changing their address in April 2010, according to state records.

But Jhuelian Gasmena, who will now serve as an administrator for Rastelle Manor with Robyne Gasmena and Cherwai Jan Gasmena, told The News-Journal he does not know anything about Holy Hands and he’s had no previous interaction with the Bernabes. Cheryl Bernabe also said does not know the Gasmena family.

Brian Lee has seen many assisted-living facilities change ownership over to acquaintances during the nearly 20 years he’s been executive director of Families for Better Care, a national non-profit citizen advocacy group dedicated to bringing awareness to the conditions of assisted-living facilities. His experience makes him wonder about the shared address.

“A shared address, that is more than just a coincidence,” Lee said.

But nothing is set in stone yet. In July, AHCA issued a final order to the Bernabe’s that required them to pay a $36,000 fine, restricted them from renewing or applying for another license to operate an assisted-living facility and required them to find a buyer for Rastelle Manor or shut the doors for good by Sept. 13.

Then, last week, AHCA decided to extend the Bernabe’s licence for another month because the change of ownership application is still pending. This will give the agency time to complete a final inspection to make sure the outstanding reporteed issues — such as unsanitary bathrooms, bug infestations lack of social and leisure activities, lack of medication monitoring and background screenings for employees — have been corrected.

Asked if the past shared mailing address between the Bernabes and the Gasmenas presented any issue, ACHA replied in an emailed statement that “CIJ Ventures & Properties does not have a regulatory record that would disqualify them from purchasing this facility.”

Jhuelian Gasmena said he looks forward to turning the troubled facility around.

“I’m aware of the history with the place and I’m very much wanting to get involved in turning that around and hopefully improving its overall image,” Gasmena said. “We actually hired a contractor to come by and give us a quote on renovations that we may be doing.”

But the issues at the facility seem to go deeper than the conditions AHCA has highlighted after recent inspections. A News-Journal investigation into the facility’s history found that from January 1, 2016 until Aug. 15, 2019 there were 108 calls to police about assaults, suspicious activity, civil complaints and disturbances at Rastelle Manor.

Since 2016, 22 incident reports have been filed about the facility with the Daytona Beach Police Department. The complaints included missing residents, residents beating each other, residents throwing chairs through windows, residents threatening employees, suicide attempts, Baker Acts due to suicidal or threatening behavior, death and former residents trespassing on the property.

Three arrest warrants were issued against residents in the same time period for domestic violence charges and failing to appear in court. Many of the residents listed in the incident reports and arrest warrants have been arrested in Volusia County multiple times.

Lee said while it’s good for police to intervene in possibly dangerous situations, the amount of calls made in the almost four-year time period at Rastelle Manor is disturbing.

“It’s frightening to think there’s a regular presence of law enforcement at a facility because of significant criminal issues occurring,” Lee said. “We don’t want to see that. We want to make sure the residents are safe.”

There are currently 23 residents at Rastelle Manor, which determines a monthly payment based on income and is receives Medicaid reimbursement. The lowest monthly payment is $775 a month, according to the Bernabe’s.

“It wasn’t my plan to have to give it up,” Cheryl Bernabe said last week.

Full Article & Source:
Troubled Rastelle Manor assisted living facility in Daytona Beach will change ownership

The Hidden Suicide Epidemic Among Long-Term Care Residents

Experts point to loneliness, disability and lack of proper care as reasons


By Melissa Bailey

Retired Seattle minister Milt Andrews, 90, ended his life on Valentine’s Day 2013 at his assisted living center, leaving behind a note written in black marker on the cover of his laptop computer.
(This article appeared previously in Kaiser Health News. This is an abridged version of the story. Click here to see the entire story.)

When Larry Anders moved into the Bay at Burlington nursing home in late 2017, he wasn’t supposed to be there long. At 77, the stoic Wisconsin machinist had just endured the death of his wife of 51 years and a grim new diagnosis: throat cancer, stage 4.

His son and daughter expected him to stay two weeks, tops, before going home to begin chemotherapy. From the start, they were alarmed by the lack of care at the center, where, they said, staff seemed indifferent, if not incompetent — failing to check on him promptly, handing pills to a man who couldn’t swallow.

Anders never mentioned suicide to his children, who camped out day and night by his bedside to monitor his care.

But two days after Christmas, alone in his nursing home room, Anders killed himself. He didn’t leave a note.

The act stunned his family. His daughter, Lorie Juno, 50, was so distressed that, a year later, she still refused to learn the details of her father’s death. The official cause was asphyxiation.

“It’s sad he was feeling in such a desperate place in the end,” Juno said.

Suicides in Long-Term Care:  Often Overlooked


In a nation where suicide continues to climb, claiming more than 47,000 lives in 2017, such deaths among older adults — including the 2.2 million who live in long-term care settings — are often overlooked. A six-month investigation by Kaiser Health News and PBS NewsHour finds that older Americans are quietly killing themselves in nursing homes, assisted living centers and adult care homes.

Poor documentation makes it difficult to tell exactly how often such deaths occur. But a KHN analysis of new data from the University of Michigan suggests that hundreds of suicides by older adults each year — nearly one per day — are related to long-term care. Thousands more people may be at risk in those settings, where up to a third of residents report suicidal thoughts, research shows.

Each suicide results from a unique blend of factors, of course. But the fact that frail older Americans are managing to kill themselves in what are supposed to be safe, supervised havens raises questions about whether these facilities pay enough attention to risk factors like mental health, physical decline and disconnectedness — and events such as losing a spouse or leaving one’s home. More controversial is whether older adults in those settings should be able to take their lives through what some fiercely defend as “rational suicide.”

Tracking suicides in long-term care is difficult. No federal regulations require reporting of such deaths and most states either don’t count — or won’t divulge — how many people end their own lives in those settings.

Is There Adequate Supervision?


Briana Mezuk, an associate professor of epidemiology at the University of Michigan, found in 2015 that the rate of suicide in older adults in nursing homes in Virginia was nearly the same as the rate in the general population, despite the greater supervision the facilities provide.

In research they presented at the 2018 Gerontological Society of America annual meeting, Mezuk’s team looked at nearly 50,000 suicides among people 55 and older in the National Violent Death Reporting System (NVDRS) from 2003 to 2015 in 27 states. They found that 2.2% of those suicides were related to long-term care. The people who died were either people living in or transitioning to long-term care, or caregivers of people in those circumstances.

KHN extrapolated the finding to the entire U.S., where 16,500 suicides were reported among people 55 and older in 2017, according to federal figures. That suggests that at least 364 suicides a year occur among people living in or moving to long-term care settings, or among their caregivers. The numbers are likely higher, Mezuk said, since the NVDRS data did not include such states as California and Florida, which have large populations of elders living in long-term care sites.

Industry Says It’s Not the Facilities


But representatives of the long-term care industry point out that by any measure, such suicides are rare.

The deaths are “horrifically tragic” when they occur, said Dr. David Gifford of the American Health Care Association. But, he added, the facilities offer “a very supervised environment,” and settings that receive Medicare or Medicaid funding are required to assess and monitor patients for suicidal behavior.

“I think the industry is pretty attuned to it and paying attention to it,” Gifford said, noting that mental health issues among older adults, in general, must be addressed. “I don’t see this data as pointing to a problem in the facilities.”

KHN examined over 500 attempted and completed suicides in long-term care settings from 2012 to 2017 by analyzing thousands of death records, medical examiner reports, state inspections, court cases and incident reports.

Even in supervised settings, records show, older people find ways to end their own lives. Many used guns, sometimes in places where firearms weren’t allowed or should have been securely stored.

Others hanged themselves, jumped from windows, overdosed on pills or suffocated themselves with plastic bags. (The analysis did not examine medical aid-in-dying, a rare and restricted method by which people who are terminally ill and mentally competent can get a doctor’s prescription for lethal drugs. That is legal only in seven states and the District of Columbia.)

Despair, Loneliness, Longevity


Descriptions KHN unearthed in public records shed light on residents’ despair: Some told nursing home staff they were depressed or lonely; some felt that their families had abandoned them or that they had nothing to live for. Others said they had just lived long enough: “I am too old to still be living,” one patient told staff. In some cases, state inspectors found nursing homes to blame for failing to heed suicidal warning signs or evicting patients who tried to kill themselves.

A better understanding is crucial: Experts agree that late-life suicide is an under-recognized problem that is poised to grow.

By 2030, all baby boomers will be older than 65 and 1 in 5 U.S. residents will be of retirement age, according to census data. Of those who reach 65, two-thirds can expect to need some type of long-term care. And, for poorly understood reasons, that generation has had higher rates of suicide at every stage, said Dr. Yeates Conwell, director of the Office for Aging Research and Health Services at the University of Rochester.

“The rise in rates in people in middle age is going to be carried with them into older adulthood,” he said.

Long-term care settings could be a critical place to intervene to avert suicide — and to help people find meaning, purpose and quality of life, Mezuk said. “There’s so much more that can be done. It would be hard for us to be doing less,” he said.

If You Need Help


If you or someone you know has talked about contemplating suicide, call the National Suicide Prevention Lifeline at (800) 273-8255, or use the online Lifeline Crisis Chat, both available 24 hours a day, seven days a week.

People 60 and older can call the Institute on Aging’s 24-hour, toll-free Friendship Line at (800) 971-0016. The Institute on Aging also makes ongoing outreach calls to lonely older adults.


Full Article & Source:
The Hidden Suicide Epidemic Among Long-Term Care Residents

Saturday, September 21, 2019

Nursing home mogul Philip Esformes sentenced to 20 years for $1.3 billion Medicaid fraud

Chicago Tribune reporter David Jackson explains how wealthy nursing home operator Philip Esformes allegedly became the orchestrator of a $1 billion Medicaid and Medicare bribery and kickback scheme. Oct. 4, 2016.
Former Illinois and Florida nursing home mogul Philip Esformes wept and pleaded for mercy Thursday before being sentenced to 20 years in prison for what the U.S. Justice Department called the largest single health care bribery and kickback scheme in American history.

A separate hearing will be held in November to determine the amount of money and property Esformes may be required to forfeit.

Esformes, who once controlled a network of more than two dozen health care facilities that stretched from Chicago to Miami, garnered $1.3 billion Medicaid revenues by bribing medical professionals who referred patients to his Florida facilities then paid off government regulators as vulnerable residents were injured by their peers, prosecutors said.

He housed elderly patients alongside younger adults who suffered from mental illness and drug addiction — sometimes with fatal results. In Esformes’ Oceanside Extended Care Center in Miami Beach, “an elderly patient was attacked and beaten to death by a younger mental health patient who never should have been at (a nursing facility) in the first place,” prosecutors wrote in a pre-sentencing memo.

As he handed down the sentence, Judge Robert N. Scola Jr. said the length and scope of Esformes’ criminal conduct were “unmatched in our community. ... Mr. Esformes violated the trust of Medicare and Medicaid in epic proportions."

But Scola meted out a punishment significantly less than the 30 years prosecutors requested, saying Esformes also had an extraordinary history of helping people in need. Attorneys for Esformes had described him as a selfless philanthropist who had donated more than $15 million to synagogues, schools and needy individuals, often anonymously.

Said Scola: “I think he should get some consideration for his philanthropy, although it’s dangerous to say because he was stealing money from Medicare, so people might say he was giving that money to charity. But the vast majority of the money he made, he made legitimately. More importantly he was a true friend to people known and unknown to him, and that is worthy of mitigation."

In arguing for a 30-year sentence, prosecutors said his yearslong bribes-for-patients schemes involved the corruption of medical professionals and government regulators, and entailed grievous injuries to a massive number of elderly patients.

“Miami is the epicenter of health care fraud, there was no one like Philip Esformes, he was king,” prosecutor Allan J. Medina told the judge in court Thursday.

Many of his younger, drug-addicted patients spent the daylight hours wandering the streets of Miami while he collected government payments for services that were never delivered, prosecutors said.

“Phillip Esformes used deceptive and calculated means to orchestrate a fraud of the magnitude that we have not seen before,” Medina said. “People who needed to get better, who wanted to get better, they had no shot.”

“His fraud involved thousands of patients, 16 nursing homes, the systematic payment of bribes, a complex web of bank accounts, and brazen obstruction of justice to try to prevent it all from coming to light,” prosecutor Elizabeth Young wrote in a sentencing memo filed with the court this week.

Esformes, who has been in maximum security detention for 37 months since his 2016 arrest, called himself a shattered, repentant man when he stood before the judge. His shoulders drooped beneath his baggy khaki prison shirt as he began rocking back and forth.

“I want to apologize to, your honor, the United States. Sorry. And my community.” As Esformes began to recite the names of his children, he briefly became incoherent. Groans and cries of “Oh God!” escaped from his family and supporters in the gallery.

“I’ve lost everything I love and cared about with the utmost intensity," he said. "There is no one to blame but myself, me.”

While preparing his defense, Esformes told the judge, he had listened repeatedly to wiretapped conversations that revealed him arranging bribes. “I am disgusted by what I heard,” he said, at one point pounding a courtroom podium with his fist. “The Phil Esformes you heard was reckless ... an arrogant man.”

Esformes said he was studying the Torah and praying for redemption. “I won’t miss that opportunity,” he said.

Prosecutors said Esformes should be forced to pay $207 million in restitution to Medicaid and Medicare; attorneys for Esformes sharply questioned that amount in court Thursday.

Judge Scola closely questioned prosecutors about how they calculated the value of the Medicaid proceeds Esformes stole over the years, ultimately finding the loss to be between $4.8 million and $8.3 million.

Federal authorities arrested Esformes at one of his $2 million estates on the Miami Beach waterfront in 2016 and immediately placed him in the Miami Federal Detention Center.

At the time, he had a net worth of $78.9 million in bank accounts and investments, and hardly any debts, according to court papers filed by prosecutors. He maintained a Chicago Water Tower penthouse and a mansion in Los Angeles.

Esformes was deemed an extraordinary flight risk in part because he had been caught on a wiretap offering to help his business partner Guillermo Delgado flee from the U.S. to avoid prosecution as the federal investigators closed in on them.

Delgado, who helped Esformes defraud Medicare for mental health and prescription drug services, instead helped federal investigators bring Esformes to justice. He and his brother Gabriel Delgado are now serving prison time.

In one of Esformes’ crimes, prosecutors said, he used some $300,000 in stolen Medicare and Medicaid proceeds to bribe the head men’s basketball coach at the University of Pennsylvania to admit Esformes’ son to the school.

That coach, Jerome Allen, pleaded guilty in October to a money-laundering charge related to the Esformes bribes. He testified as a government witness against Esformes at the Miami trial. Allen received a probationary sentence and is now in his third season as an assistant coach with the Boston Celtics.

The dozens of nursing facilities Esformes ran with his father and business partner Morris Esformes for decades earned millions of Medicaid and Medicare dollars annually despite repeated federal law enforcement probes and Chicago Tribune investigations alleging substandard care and incidents when disabled patients were assaulted by fellow residents.

“Instead of changing his ways or expressing remorse after these settlements, Esformes simply altered his criminal scheme to avoid detection,” prosecutor Young wrote in the court filing.

Esformes sold his Illinois nursing facilities in about 2012 but kept offices in the Chicago suburbs as he continued to operate homes in Florida with his father, government records and Tribune interviews show.

Full Article & Source:
Nursing home mogul Philip Esformes sentenced to 20 years for $1.3 billion Medicaid fraud

Two Louisiana Caregivers Arrested After Elderly Woman Was Found With Maggots in Wounds

Police have arrested two men in Louisiana after an elderly woman in their care was found with maggots in her wounds.

The victim, whose name and age were not clear, was being cared for by Raymond Hoffpauir, 57, and Dustin Welch, 27, who lived at her home in Crowley, southwest Louisiana, Fox affiliate News 15 reported.

The woman's condition came to light after an extended family member visited her at her home, which they found to be infested with roaches. The relative told police the woman was very weak. Her ankles and legs were bandaged.

When the family member removed the dressing to look at her lesions, she found them to be extremely discolored. Maggots were crawling in some of her sores. The woman is also believed to have been bitten by a rat.

The victim was taken to Acadia General Hospital, where police were alerted to the alleged abuse.

Crowley Police officers questioned Hoffpauir and Welch. Initially, they denied their involvement, but later admitted they had not looked after the woman in weeks, ABC affiliate KATC reported. 

The carers told police they had not changed the woman's dressings in days. They also failed to give her the insulin injections she required for weeks. The hormone is generally used to treat diabetes.

Police told KATC the victim is in hospital, and the Adult Protective Services have been alerted.

Hoffpauir and Welch were charged with cruelty to the infirm. Their bonds have been set at $25,000.

Elder abuse is a "significant public health problem," the Centers for Disease Control and Prevention states. One in 10 people aged 60 and over suffer abuse including neglect and exploitation, according to the agency. That amounts to hundreds of thousands of people a year.

Elder abuse is defined as "an intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a risk of harm to an older adult."

Abuse can range from the physical, psychological, financial, sexual, as well as neglect.

The charity Action on Elder Abuse advises those who believe someone is abused to try sensitively bring up the topic, and to provide help and support.

"Whether you are a practitioner, friend or relative, you should always be honest and never make false promises—sometimes the abuse might affect more than one person and you will have a responsibility to other people too," the organization states.

Full Article & Source:
Two Louisiana Caregivers Arrested After Elderly Woman Was Found With Maggots in Wounds

Gulf Breeze nursing home employee accused of abusing elderly man

A certified nursing assistant in Gulf Breeze has been arrested.

27-year-old Kayla Oeth is facing felony charges after she was accused of abusing an elderly man.

KAYLA OETH. (SRCSO)
The alleged incident happened on August 10 at Bay Breeze Senior Living and Rehabilitation Center.

Sergeant Rich Aloy with the Santa Rosa County Sheriff's Office confirmed a warrant was issued on September 16 - more than one month after the incident.

Oeth was arrested hours later.

"The allegation is that this individual put their hands on a senior citizen, to the point where there were some injuries," said Aloy.

According to a report from the Santa Rosa County Sheriff's Office, the victim's arms were bloodied and bruised from his wrists to his elbows.

The victim described Oeth as "violent and mean", and said he feared she would hurt him again, so he stayed in his wheelchair next to the nurses' station all night.

"It's zero tolerance for this kind of activity," said Aloy. "When you're dealing with an individual in an assisted living facility, they need help. They're looking to their caretakers for help."

Oeth claims the victim was in a "horrible mood" and his injuries were sustained as she was trying to help him into bed. She says he fought with her and spit in her face.

Another Bay Breeze employee was present at the time.

He told a deputy Oeth did not follow protocol. He says she failed to tell the victim what she was doing, causing him to become confused then "freak out", "flailing his arms".

Assistant State Attorney Greg Marcille says it appears to be an isolated incident, but they do not take these cases lightly.

"One sanction that we would clearly seek is that that individual not be allowed to work in a health care facility in the future," said Marcille.

Marcille says they will be recommending the maximum sentence.

"The circumstances of this particular case, the maximum sentence is up to five years in state prison," said Marcille.

Justin Gibson, an administrator at Bay Breeze Senior Living and Rehabilitation Center, confirmed Oeth no longer works at the facility.

"We all have parents, we all have folks who we care for or may live with who are elderly and they look to us for assistance, and when something like this happens, it's very angering and it's also very sad," said Aloy.

Oeth is scheduled to appear in court on October 3.

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Gulf Breeze nursing home employee accused of abusing elderly man