'I was rushing': Caretaker charged in connection to 2019 death in Spokane supported living facility

A resident of the facility died several hours after she drank a large amount of vinegar that was given to her by a caretaker.

Credit: Aacres Washington

Author: Mia Hunt

SPOKANE, Wash. — The Washington Attorney General's Office has filed charges against a supported living facility worker related to the death of a resident in February 2019.

According to a press release from the Attorney General's Office, the resident, 64-year-old M.W., died after drinking a large quantity of vinegar instead of her medication at Aacres Human Services in Spokane.

The caregiver, Fikirte Aseged, is charged with third-degree assault and reckless endangerment. Aseged was the person in charge of the resident's colonoscopy preparation. Instead of the medication, Aseged allegedly gave the resident a large amount of cleaning vinegar to drink. The resident died several hours later.

According to Spokane County Medical Examiner Dr. Sally Aiken, the resident's cause of death was “superficial Necrosis and diffuse acute inflammation of esophagus, stomach, and small bowel due to accidental ingestion of household vinegar in place of bowel preparation solution.” 

According to the Housing Manager of the facility Tamra Dailing, M.W. was wheelchair bound, on water restriction, obese and developmentally delayed.

Dailing also confirmed that Aseged knew how to administer the resident's medicine for the procedure before it occurred. 

According to other staff who was working before and after the incident, there was a bottle of cleaning vinegar in the recycling, half-full, discovered the day after the resident's death.

The vinegar was originally purchased to clean the facility's coffee pots.

Aseged gave a statement to investigators that she thought the bottle of vinegar was the same solution she gave to M.W. the first time.

“I don’t know how we missed that day. Nobody told me the directions were on the board,” Aseged said.

She said that she did read the written directions from the doctor and some of the directions were highlighted. She admitted she had read the label on the colon preparation solution prior to giving M.W. her first half bottle around 5 p.m. However, when asked if she read the label on the bottle at 3 a.m. before giving M.W. her final dose of the colon preparation solution, she said “no” and said, “I assumed it was the same, I just grabbed the bottle, I was rushing.”

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'I was rushing': Caretaker charged in connection to 2019 death in Spokane supported living facility

How to protect Utah's elderly from financial abuse

By Heather Simonsen

 

HIGHLAND — Elder fraud often goes unreported and is difficult to prosecute, but the crime can cost seniors huge sums of money and years of grief.

Brett and Alan Ormsby's grandfather was hardworking and thrifty. "James Robert Miller was his name," said Brett Ormsby, who lives in Highland.

"He grew up in the Great Depression," Ormsby said, adding his grandfather was also generous. "He paid for our missions and helped people with schooling."

Twenty years ago, he invested in some properties out of state.

"What they really were doing was kind of running a Ponzi scheme. They were taking money in from a variety of investors and then not putting it back into any of the apartment complexes," said Alan Ormsby, AARP Utah state director.

Their grandfather lost "over $3.5 million," Brett Ormsby said.

Sadly, elder fraud is on the rise.

"We've seen millions of dollars taken from seniors," said Nan Mendenhall, director of the state's Adult Protective Services Division. She said they've seen a 25% increase in two years, and it's usually someone they trust.

"Someone close to the grandparent or parent is the alleged perpetrator in these type of cases," Mendenhall said.

Red flags

Experts said it's important to know the signs of financial exploitation.

According to Adult Protective Services, they include:

• Disappearance of possessions
• Being forced to sell your home or change the will
• Getting overcharged for home repairs

"Often, they're without any means," Mendenhall said. "They're not getting their bills paid, they're going without food."

Mendenhall suggested letting someone you trust review contracts. "You can never be too careful," she said.

The Ormsbys' grandfather won a lawsuit. "It was very comforting to have my grandfather realize, 'No, I was defrauded,'" Brett Ormsby said. He collected little money.

Still, his legacy is one money can't buy. "Grandchildren, children, great-grandchildren, and they're all doing well."

If you suspect elder fraud, Adult Protective Services can help. Reporting it is anonymous.

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How to protect Utah's elderly from financial abuse

$2.5M Expansion Of Program To Fight Elderly Abuse: Cuomo

"We believe in standing up for the fair, equal treatment of all of our citizens and protecting our most vulnerable, including the elderly."

 

by Lisa Finn 

The effort is meant to help adults 60 or older who are at risk for harm or exploitation due to physical limitations, cognitive impairment or dementia, and social isolation, the governor said. (Courtesy Gov. Andrew Cuomo's Office.)

LONG ISLAND, NY — Gov. Andrew Cuomo announced the $2.5 million expansion of a program meant to fight back against abuse of the elderly in New York State.

On Friday, Cuomo announced the infusion of funding to benefit the enhanced multidisciplinary teams initiative, which protects vulnerable adults at risk of abuse, neglect, or financial exploitation.

The funding, which will be provided annually through September 2022, assists adults 60 and older who are at risk due to physical limitations, cognitive impairment or dementia, and social isolation and expands access to forensic accountants, geriatric psychiatrists/mental health professionals, and civil legal services, Cuomo said.

Developed by the State Office for the Aging and the state's Office of Victim Services, the program currently serves 51 counties covering 92 percent of older adults, making New York's program the first of its kind in the nation and tripling the number of teams targeting elder abuse, a release said.

"In New York, we believe in standing up for the fair and equal treatment of all of our citizens and protecting our most vulnerable populations, including the elderly," Cuomo said. 

The initial three-year investment that launched the E-MDT initiative in 2017 totaled $8.4 million; the investment consisted of federal Victims of Crime Act funds provided by the Office of Victim Services combined with a state investment provided by the New York State Office for the Aging. NYSOFA partnered with Lifespan of Greater Rochester, based in Monroe County, and Weill Cornell Medicine's New York City Elder Abuse Center to manage, monitor, and distribute the funding, Cuomo said.

Since 2017, E-MDT coordinators have received approximately 1,600 referrals and 670 victims have received advocacy services; in that same time period, E-MDT interventions resulted in approximately $645,000 in restitution being ordered by the courts for victims of financial exploitation cases, Cuomo said.

OVS Director Elizabeth Cronin reflected: "The isolation that is a reality for many elderly citizens creates conditions that make them especially vulnerable to exploitation and less likely to report when they are victims of crime."

Crime victims who were 60 or older filed a total of 5,673 claims for assistance between January 2018 and December 2020, and 3,789 were approved by OVS during that time, a release said.

Statistics show that one in 10 people older than 65 fall victim to some form of elder abuse each year, Cuomo said. New York State's committee for the coordination of police services to elderly persons, which is supported by staff from the state's division of criminal justice services, assists law enforcement agencies and programs by providing training and tools so they can better serve New York's older population.

Training covers topics including strategies to use when responding to calls for people with Alzheimer's and dementia and how advocates, service providers, and adult protective services professionals can collaborate with law enforcement on elder abuse cases. The committee also developed an elder abuse toolkit outlining various forms of elder abuse; investigative checklists; training documents, videos and online courses; New York State specific statutes related to elder abuse; and informational brochures.

In addition, the state said, OVS provides a "safety net" for crime victims and their family members, compensating eligible individuals for medical and counseling expenses, funeral and burial expenses, lost wages and support, in addition to other assistance. For additional information, click here.

 

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$2.5M Expansion Of Program To Fight Elderly Abuse: Cuomo

3 arrested, accused of illegally selling elderly woman’s land in Coconut Grove

By Raphael Pires

MIAMI (WSVN) - Authorities have announced the arrests of three people accused of illegally selling an elderly woman’s land, as they work to crack down on elderly exploitation in South Florida.

State and local officials gathered on Friday to put a stop to a growing problem in South Florida.

“We will not tolerate elderly abuse and exploitation,” Miami-Dade State Attorney Katherine Fernandez Rundle said. “Without a doubt, those who exploit and prey on our elderly residents have a cold, cold heart. These types of deed scams appear to be on the rise.”

Fernandez Rundle announced the arrests of Otis Lathen Powell, Shantel Vennissa Chang and Jason Webley Sr. in connection to a recent false deed fraud case. The three stand accused of illegally selling a piece of property in Coconut Grove owned by an elderly woman. 

“She only discovered the deed fraud when she went to go pay her annual property taxes to the Tax Appraiser’s Office, and she was told they had been paid,” Fernandez Rundle said.

The three allegedly targeted a plot of land owned by 86-year-old Shirley Gibson. The plot, which had been in her family for over 100 years, was stolen and sold without her knowing, according to officials.

Investigators added that someone had forged Gibson’s name onto a quitclaim deed.

“Thank God they caught the people who were involved,” Gibson said. “Be aware, be cognizant of what’s going on because it could happen to you.”

Elderly exploitation is a problem in Florida that has worsened since the coronavirus pandemic began last year. In 2020, there were 9,252 cases in Florida, which ranks second in the U.S. behind California.

“These scams are becoming all too common, especially after COVID-19,” Miami-Dade Police Assistant Chief Armando Aguilar said.

Earlier this week, a masseuse was captured on video stealing jewelry from an elderly woman in Coral Gables, police said.

“Detectives in this case set up a surveillance camera, and it was able to be easily confirmed, as you see in the video, that the masseuse was actually stealing jewelry from her,” a Coral Gables Police detective said.

Officials said it is important for family members to stay connected and educate their elderly loved ones to help prevent fraud from happening.

“Our grandparents, our elderly neighbors, they need more,” Miami-Dade Mayor Daniella Levine Cava said. “They need all of our help.”

Fernandez Rundle and Levine Cava said they want to create a task force to combat crimes against the elderly.

Gibson, meanwhile, is expected to get her property returned.

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3 arrested, accused of illegally selling elderly woman’s land in Coconut Grove

Former group home employee stole $81K from residents, Van Buren County deputies say

by Beth Waldon

An audit revealed $81,964.35 had been stolen from 13 residents living at Tenco of Center Village in Keosauqua, sometime between April 2017 and April 2018/KTVO

KEOSAUQUA, Iowa — A former caretaker at a Van Buren County residential facility is accused of stealing thousands of dollars from residents’ accounts.

Marris Romel Whitfield, 45, of Burlington, was arrested in May after an audit revealed $81,964.35 had been stolen from 13 residents living at Tenco of Center Village in Keosauqua.

Court documents allege Whitfield stole the money from residents’ personal allowance accounts. She’s also accused of pocketing their social security checks. It happened sometime between April 2017 and July 2018. Whitfield was the only employee with authority to access those accounts, according to investigators.

Whitfield was no longer an employee of the facility when the suspicious activity was discovered in an audit.

The Iowa Department of Inspections and Appeals assisted with the investigation. Van Buren County authorities were notified in January.

Whitfield is now charged with 13 counts of dependent adult abuse, three counts of first-degree theft, nine counts of second-degree theft, one count of third-degree theft and ongoing criminal conduct. She made her first court appearance in Van Buren County Thursday, and she has been released from custody on her own recognizance.

An arraignment is set for July 9, 2021.

First Resources Corporation, which merged with Tenco Industries last year, oversees operations at the Keosauqua facility. Marc Roe, Chief Strategic Officer at First Resources, declined to comment on the case since it is an ongoing legal matter.

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Former group home employee stole $81K from residents, Van Buren County deputies say

Senate Holds Hearing On Caregiving For Older Americans And People With Disabilities

 The Senate Aging Committee holds a hearing entitled, "21st Century Caregiving: Supporting Workers, Family Caregivers, Seniors, and People with Disabilities."

Source:

Senate Holds Hearing On Caregiving For Older Americans And People With Disabilities

Disbarred lawyer can't discharge debt he owes state bar for client losses, bankruptcy judge says

By Debra Cassens Weiss

A disbarred California lawyer can’t use a bankruptcy to discharge more than $2 million in debt that is owed to a fund used to reimburse his former clients, a federal bankruptcy judge has ruled.

U.S. Bankruptcy Judge Ernest M. Robles of Los Angeles ruled against former lawyer Anthony Joseph Kassas in a June 14 opinion.

The State Bar of California’s Client Security Fund had made more than $1.3 million in payments to 356 of Kassas’ former clients. With interest and processing costs, Kassas owes the state bar more than $2 million.

Kassas was disbarred in 2014 partly for misconduct in representation of financially distressed homeowners.

According to Robles, Kassas falsely stated in advertising that he had filed litigation against various banks. He then collected fees ranging from $1,500 to $4,500 to help the homeowners obtain loan modifications but “failed to competently perform the promised legal services,” Robles said.

The state bar conceded that Kassas could discharge the more than $200,000 in restitution payments ordered by the California Supreme Court. And Kassas agreed that he could not discharge assessed disciplinary costs.

But the parties disagreed on whether the security fund debt could be discharged. California argued that the debt is a fine, penalty or forfeiture payable to a governmental unit that can’t be discharged. Kassas maintained that the debt can be erased because the state bar is acting as a conduit to reimburse third parties.

Other bankruptcy courts have held that client security fund debt can’t be discharged based on the premise that attorney reimbursement is rehabilitative and not compensatory.

“The court finds the reasoning of these cases to be persuasive,” Robles wrote.

Robles certified a direct appeal of his decision to the 9th U.S. Circuit Court of Appeals at San Francisco.

Hat tip to Bloomberg Law, which had coverage of the decision.

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Disbarred lawyer can't discharge debt he owes state bar for client losses, bankruptcy judge says

Guardians Must Report Felony, Misdemeanor Charges

By Anne Yeager

The Ohio Supreme Court has adopted rules requiring guardians to report any pending felony and misdemeanor charges to the local probate court that appointed the guardianship.

The rule amendment became effective June 1.

For six years, the Rules of Superintendence have required guardians to undergo a criminal background check or, if the guardian is a licensed Ohio attorney, to provide a certificate of good standing issued by the Supreme Court. This rule remains in effect.

Neither a background check nor a certificate of good standing discloses current investigations or current pending charges.

“The amendments to Sup. R. 66.05 provide more protection for the most vulnerable individuals in our community,” Stark County Probate Judge Dixie Park said.

All guardians are now also required to complete an affidavit stating that the guardian:

• Has no pending felony or misdemeanor charges or offenses
• Has not been adjudicated for any misdemeanor or felony, and
• Acknowledges a duty to notify the local court within 72 hours if the information in the affidavit changes.

“The affidavit requirement eliminates any potential gap in information regarding the guardian’s background, further safeguarding our wards,” Judge Park said.

The amended Ohio Rule of Superintendence, including a sample affidavit can be found on the Supreme Court of Ohio’s website.

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Guardians Must Report Felony, Misdemeanor Charges

Allegedly Paying Illegal Kickbacks to Physicians

Department of Justice

Office of Public Affairs

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FOR IMMEDIATE RELEASE

Tuesday, June 15, 2021

United States Files Suit Against California Skilled Nursing Chain and its Owner for Allegedly Paying Illegal Kickbacks to Physicians

The United States filed a complaint in the U.S. District Court for the Central District of California yesterday under the False Claims Act against Paksn Inc.; Prema Thekkek, one of its owners; and seven skilled nursing facilities (SNFs) owned by Thekkek and/or operated by Paksn. Those seven SNFs are Bay Point Healthcare Center, Gateway Care & Rehabilitation Center, Hayward Convalescent Hospital, Hilltop Care & Rehabilitation Center, Martinez Convalescent Hospital, Park Central Care & Rehabilitation Hospital, and Yuba Skilled Nursing Center.

The United States alleges that defendants entered into medical directorship agreements with certain physicians that purported to provide compensation for administrative services, but in reality, were vehicles for the payment of kickbacks to induce the physicians to refer patients to the seven SNFs. The Anti-Kickback Statute prohibits offering or paying anything of value to encourage the referral of items or services covered by federal health care programs. 

Specifically, the United States alleges that defendants hired certain physicians who promised in advance to refer a large number of patients to the SNFs, paid physicians in proportion to the number of expected referrals, and terminated physicians who did not refer enough patients. On one occasion, a Paksn employee told Thekkek that two physicians were being hired because “they are promising at least 10 patients for $2000 per month.” On another, Thekkek complained that if Paksn’s employees did not pay medical directors promptly every month, “[t]hese doctors will not give us patients.” On a third occasion, a Paksn employee told Thekkek that because “lately there are no real referrals” from one of the medical directors, “i am planning to say goodbye to him.”

“Illegal financial arrangements with physicians can improperly influence the type and amount of health care that is provided to patients,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The department is committed to redressing the corrupting influence of kickbacks on the medical decision‑making of providers participating in federal health care programs.”

“The payment of kickbacks to physicians for referrals turns patients into commodities that can be traded,” said Acting U.S. Attorney Tracy L. Wilkison for the Central District of California. “Profits should not dictate medical decisions, which is why it is illegal to pay for referrals that can cloud physicians’ medical judgment.”

The lawsuit was initially filed in December 2015 by Trilochan Singh, who was previously employed as Paksn’s Vice President of Operations and Chief Operating Officer, under the whistleblower provisions of the False Claims Act. Those provisions authorize private parties to sue on behalf of the United States for false claims and share in any recovery. The Act permits the United States to intervene and take over the lawsuit, as it has done here in part. Those who violate the Act are subject to treble damages and applicable penalties. The case is captioned United States of America ex rel. Trilochan Singh v. Paksn, Inc. et al., No. 15‑cv-09064 (C.D. Cal.).

The United States’ intervention in this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).

This matter is being handled by the Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the Central District of California, with assistance from the U.S. Department of Health and Human Services Office of Inspector General.

The claims asserted against defendants are allegations only and there has been no determination of liability.

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Allegedly Paying Illegal Kickbacks to Physicians