‘Real Housewives’ Star Cannot Dismiss Federal Indictment Accusing Her of Defrauding Elderly in Nationwide Telemarketing Scheme

by Adam Klasfeld

“Real Housewives of Salt Lake City” star Jennifer Shah cannot dismiss an indictment accusing her of conspiring to defraud elderly and vulnerable people out of millions in a nationwide telemarketing scheme, a federal judge ruled.

On March 30, authorities arrested Shah (and her “first assistant” and accused co-conspirator Stuart Smith) in Utah. Smith is not one of the subjects of the federal judge’s latest ruling, but his case remains pending. Both were charged with conspiring to commit fraud and money laundering.

Manhattan U.S. Attorney Audrey Strauss announced their imminent transfers to the Southern District of New York in a statement accusing the duo of using their celebrity status to bilk hundreds of victims.

“Jennifer Shah, who portrays herself as a wealthy and successful businessperson on ‘reality’ television, and Stuart Smith, who is portrayed as Shah’s ‘first assistant,’ allegedly generated and sold ‘lead lists’ of innocent individuals for other members of their scheme to repeatedly scam,” Strauss said on the day of their arrest. “In actual reality and as alleged, the so-called business opportunities pushed on the victims by Shah, Smith, and their co-conspirators were just fraudulent schemes, motivated by greed, to steal victims’ money.”

On Thursday, Senior U.S. District Judge Sidney Stein rejected Shah’s bid to dismiss the indictment. The judge also jettisoned a flurry of other pre-trial motions filed by Shah and another accused co-conspirator, Cameron Brewster.

“The superseding indictment here sufficiently alleges that Shah joined the telemarketing conspiracy willfully and with specific intent to defraud,” Judge Stein wrote in a 10-page opinion and order.

Prosecutors claim that Shah “generated and sold leads to other [participants in the telemarketing scheme] for use by their telemarketing sales floors with the knowledge that the individuals they had identified as ‘leads’ would be defrauded by the other participants.”

Brewster referred to those lead lists as a “money sucking website,” prosecutors say.

The judge also dispensed with Shah’s argument that prosecutors did not allege fraudulent and “material” promises to victims.

“The Court also rejects Shah’s argument that the indictment is deficient for failure to specifically allege that the misrepresentations made to the victims of the business opportunity scheme were material,” Judge Stein wrote.

Shah also sought to suppress her post-arrest statements, claiming they were involuntary.

The former reality TV star concedes that she signed a Miranda waiver, but she claimed that law enforcement misled her by telling her they “just wanted to talk” to her. She asserted that she lacked sophistication with the criminal justice system and was “confused and emotionally off-balanced” at the time of her interrogation. She also claimed that she was “unable to read” the waver because she did not have her reading glasses and her contact lenses were blurry.

None of these arguments resonated with Judge Stein.

“Considering the totality of the above circumstances taken from the affidavits in the record, as well as the fact that the Court has listened to a recording of the interrogation, the Court finds that Shah’s Miranda waiver was decidedly voluntary,” he ruled.

Attorneys for Shah and Brewster did not immediately respond to emails requesting comment.

Read the ruling below:

 

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‘Real Housewives’ Star Cannot Dismiss Federal Indictment Accusing Her of Defrauding Elderly in Nationwide Telemarketing Scheme

St. Clair County couple admits stealing $200,000 from elderly relative

by Robert Patrick

ST. CLAIR COUNTY — A couple from Freeburg, in St. Clair County, admitted bilking an elderly relative out of $200,000, federal prosecutors said Friday.

Ronald W. Speiser and Jean M. Speiser, both 81, had been designated as that victim's power of attorney and successor power of attorney, prosecutors said. From December 2018 to at least June 2020, the Speisers misused that authority by spending over $200,000 of the victim’s money without the victim’s knowledge, prosecutors said.

They used the money for over $50,000 in home renovations, to cover more than a year's worth of credit card bills, a $29,000 camper, a $23,000 truck, and down payments and 13 mortgage payments on a second home, the U.S. Attorney's Office said.

The Speisers pleaded guilty in U.S. District Court in East St. Louis on Thursday to two felony charges, mail fraud and conspiracy to commit mail fraud. As part of their plea, they agreed that a year of house arrest and full restitution would be an appropriate sentence, including $119,000 that must be paid by their Nov. 18 sentencing.

Anyone who suspects financial fraud having been committed on someone aged 60 or older can call the Justice Department's National Elder Fraud Hotline at 1-833-FRAUD-11 or 1-833-372-8311.

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St. Clair County couple admits stealing $200,000 from elderly relative

New Cleveland team name 'Guardians' glorifies abusers of the disabled, by Mike Ervin

The owners of the Major League Baseball team in Cleveland, Ohio, have announced that the name of the team will be changed from the Indians to the Guardians, beginning next season.

The stated reason for choosing that name is that it’s a tribute to the iconic, 43-foot tall “Guardians of Traffic” statues on Cleveland’s Hope Memorial Bridge.

But I feel the name is also appealing to the owners because they’re punch-drunk from protests and thus are looking for something completely uncontroversial. And maybe they figured that no one could possibly have a beef with the name “Guardians.” Everybody agrees that guardians are steadfastly benevolent forces that watch over and protect us all, like guardian angels. Guardians always have everyone’s best interest at heart. You can always trust a guardian.

But I think that the name Guardians presents an interesting opportunity for disabled folks like me to protest. To us, the word guardian has been dubious for decades because many of us have been screwed over badly by guardians. In every state, there are laws where a judge can declare disabled people incapable of making their own decisions and appoint a guardian to run their lives.

This essentially means that some disabled people have their freedom taken away, maybe even for their whole lives. They can’t spend money, move into different housing, or do much of anything else in life without their overseer signing off on it. And there have been all kinds of horror stories of disabled people being bullied around by their guardians as a result.

All of the attention that has been generated by Britney Spears’s legal battle to be freed from her oppressive conservatorship has illuminated how horrendously abusive this arrangement can often be. People are protesting on her behalf, demanding that she be set free.

But her plight is neither new nor unique. The website of the National Association to Stop Guardian Abuse contains many hair-raising accounts by people who aren’t famous but allege they have been similarly exploited and dominated by their guardians. One of the association’s stated goals is to “protect the civil/human rights — life, liberty and property — of adults described as ‘incompetent’ and made wards of the state in unlawful and abusive guardianships and conservatorship.”

When Spears’s case is resolved, for better or worse, will the protesters cross out her name on their “Free Britney” signs, write in the name of another victim and get back out there?

I’m guessing that won’t happen. The outrage will probably wane. Something else will have to be done to keep this important issue hot. Maybe picketing the Guardians’ games beginning next season to blow the whistle on the false glorification of guardians will do the trick.

So thank you to the owners of the Cleveland baseball franchise for opening up this new front for potential protests. The timing is perfect.

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New Cleveland team name 'Guardians' glorifies abusers of the disabled, by Mike Ervin

Board recommends suspension for Greene County judge accused of professional misconduct

Credit: Greene County courts

By Jen Balduf

 

Ohio Supreme Court to determine whether probate judge is sanctioned.

 

The Ohio Board of Professional Conduct of the Ohio Supreme Court on Friday issued a report that recommended a Greene County judge be suspended from the practice of law for six months following a complaint about harsh treatment of a man who came before his court.

 

The board recommended the sanction against Greene County Probate Judge Thomas O’Diam following a June 29 disciplinary hearing before a three-judge panel in connection to a 2019 grievance.

 

The panel recommended to the board that O’Diam be suspended for six months, but with the suspension stayed on condition he commit no further misconduct and complete six hours of continuing judicial education focused on judicial demeanor, civility and professionalism. 

 

However, the board stated that O’Diam needed to serve the six-month suspension, without pay, because judges are held to higher standards of integrity and ethical conduct than attorneys or other members of the public.

“The board believes an actual suspension is necessary to protect the public and serve as a deterrent for other judicial officers who may feel compelled to abuse their position of trust and authority to demean and belittle members of the public for personal gratification,” according to the report signed by Richard Dove, director of the Ohio Board of Professional Conduct.

The next step is for the board’s report to go before the Ohio Supreme Court. A party has 20 days to file objections to the board’s recommendations, and oral arguments will be scheduled if any are filed. The Supreme Court will issue a written opinion and order of any sanction imposed and conditions for probation or reinstatement, if applicable.

A complaint filed by the Office of Disciplinary Counsel on March 29 alleged that O’Diam violated the judicial code that states “a judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers … and others with whom the judge deals with in an official capacity.” The Ohio Board of Professional Conduct found that O’Diam had violated the code, according to its report.

Grant David Buccalo, whose deceased mother’s estate was being handled by O’Diam & Estess Law Group Inc. — the law firm where O’Diam’s daughter Brittany O’Diam practices — made comments to Greene County commissioners in May 2019 that he thought O’Diam “should recuse himself from cases in which ‘family members’ represent parties.”

Brittany O’Diam has represented clients in her father’s court in dozens and dozens of cases without Thomas O’Diam recusing himself. In all of those cases, she has filed a waiver of disqualification, a form all parties sign acknowledging the judge’s potential conflict of interest and agreement to proceed. Buccalo also had signed a waiver in the case.

Buccalo told commissioners at its May 23, 2019, meeting: “Justice depends on the appearance as well as the reality of fairness in all things. Otherwise, it erodes public confidence in the legal system.” Buccalo did not specifically mention his mother’s estate case or express concern about his involvement with O’Diam.

After learning about those statements to commissioners, O’Diam set a June 6, 2019, status conference for Buccalo’s estate case and issued a judgment order compelling the appearance of Buccalo and others without notifying them of the purpose nor that Buccalo would have to testify. O’Diam also contacted his daughter and prepared exhibits and questions for Buccalo, the report stated.

“He called Buccalo to testify under oath, without informing him of his right to have his counsel present, and interrogated him for over an hour in a disparaging manner.” He then allowed his daughter to do the same without restriction, according to the report. Combined, O’Diam and his daughter questioned Buccalo for about 75 minutes.

During the status conference, O’Diam played the recording of Buccalo’s comments to commissioners, and said, “Oh, I see this as very personal” and also accused Buccalo of “slander” and taking a “free shot” against him. After about an hour on the stand Buccalo, who is diabetic, asked for water but O’Diam replied, “I don’t have any water” and did not offer him a break or attempt to get water for him, the report stated.

“It was not a good time,” Buccalo previously told the Dayton Daily News.

At the end of the case status conference, the judge said he would formally recuse himself so the case would be handled by a visiting judge.

A week after the status conference, O’Diam — accompanied by his daughter — attended a June 13, 2019, Greene County commission meeting and discussed Buccalo’s case “to further publicly denigrate Buccalo” when he told them Buccalo’s comments were false and that he was publicly disparaged and slandered, the report stated.

The report found that O’Diam acted with a dishonest or selfish motive because during the status hearing he did not address whether there was a problem with the waiver or how any problems could be remedied. “Many of (O’Diam’s) statements during both the status conference and the disciplinary hearing were focused on the effect of Buccalo’s statement on (his) reputation the reputation of his daughter, and the reputation of his court, as well as how those statements personally offended him.”

The report also found that Buccalo suffered harm by O’Diam’s actions. He told the panel the experience at the status conference “had a profound effect on his mental health and also on his relationship with his family.”

Buccalo filed a grievance June 4, 2019, in Greene County regarding his concerns with the judge’s conflict waiver, which later was dismissed without investigation. However, he did not make the professional conduct complaint against O’Diam filed Sept. 30, 2019, as an anonymous grievance against the judge.

O’Diam sent a letter to Buccalo on May 4 ahead of the hearing to apologize for his conduct during the status conference. The judge said he did not reach out sooner because he thought Buccalo filed the complaint but later learned he did not, the report stated.

O’Diam has been the county probate judge since 2013. Before that, O’Diam was a probate attorney for 28 years.

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Board recommends suspension for Greene County judge accused of professional misconduct

Caregiver found guilty of aggravated battery on 82-year-old woman in Island Lake

By Sam Borcia

Theresa Alexander, 39, of Brooklyn, New York.

A woman working as a live-in caregiver has been found guilty of striking her 82-year-old patient multiple times earlier this year in Island Lake.

Theresa Alexander, 39, whose last known residence was in Brooklyn, New York, was charged with two counts of aggravated battery on an elderly person, two counts of domestic battery, unlawful possession of a fraudulent driver’s license and obstructing identification.

Following a bench trial on Friday, McHenry County Judge Michael Coppedge found Alexander guilty of aggravated battery, domestic battery, possession of fraudulent driver’s license, and obstructing identification.

The Island Lake Police Department arrested Alexander on February 25.

Prosecutors said Alexander used a fake name and false identification while working as a live-in caregiver for an 82-year-old woman in Island Lake.

A police investigation uncovered an abusive relationship between Alexander and the victim, prosecutors said, adding that Alexander struck her elderly patient multiple times.

A criminal complaint alleged that Alexander struck the victim in the face with a closed fist, pushed her chest with an open hand and grabbed her inner thighs and forearms.

A sentencing hearing is scheduled for September 24.

The case was investigated by members of the Island Lake Police Department and prosecuted by Tyler Mikan and Christian Michalik of the McHenry County State’s Attorney’s Office.

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Caregiver found guilty of aggravated battery on 82-year-old woman in Island Lake

GRIM DISCOVERY Woman, 70, found ‘strangled to death with belt’ and buried in concrete in her basement as cops track down caregiver

by Jon Rogers

A 70-year-old woman has been found reportedly strangled to death with a belt and then buried in concrete in her basement.

The body of Lynn Gay Keene was found by authorities at her home in Linville Falls, North Carolina, after her family had not heard from her since June 14, according to Avery County Sheriff Kevin Frye.

Authorities found Lynn's body entombed in concrete in her basementCredit: Facebook / Lynn Keene

Detectives searched her home at the time and found it secured but her vehicle, a 2000 Lincoln Town Car, was missing.

Cherokee police reported Monday Keene’s vehicle has been found abandoned on Blue Wing Road in North Carolina with the keys under the driver’s seat, according to the release.

Elizabeth Freeman had worked as Keene's live-in caregiver 

Credit: Avery County Sheriff's Department

The discovery prompted Avery County Sheriff’s Office detectives to obtain a search warrant for Keene’s home.

Authorities, including the North Carolina State Bureau of Investigation and its crime team, searched the home and discovered human remains entombed in concrete in the basement.

Keene was identified through an autopsy and dental records, Avery Country Sheriff Kevin Frye said in the release.

The autopsy concluded Keene’s cause of death was a homicide.

HEAD TRAUMA AND STRANGLED WITH BELT

Keene had blunt force trauma to her head and was strangled with a belt, according to law enforcement officials.

The Avery County Sheriff’s Department and SBI agents had been searching for Elizabeth Freeman, 53, of South Carolina, who may also be using the name Elizabeth Carserino.

Freeman had been hired as Keene's live-in caretaker.

On Friday night, Freeman was found in a western North Carolina hospital, diagnosed with a drug issue.

She is also wanted on charges of larceny of a motor vehicle, financial card theft, and identity theft, police said.

As investigators searched for Freeman, they found surveillance video at a store in Marion, NC, about 20 miles south of Linville Falls, that showed the caretaker driving Keene’s car and using one of her bank cards.

Law enforcement officials also believe another person or persons may be involved in Keene’s murder.

Freeman has not been arrested for those warrants due to her currently being treated for the drug-related issue, HCPress reported.

Keene’s neighbor and family friend, John Thompson, told NBC News he used to get birthday cards from Keene every July 19 but hadn’t received one last month.

Thompson said she was a generous neighbor who loved listening to Prince and the Grateful Dead.

He said her son died during the September 11, 2001, terrorist attacks and her husband died about two years ago.

Keene had cared for her mother until she passed away last year, Thompson said.

"That's a lot for one person to take on," he added. "It's just ... it's not fair. Nobody should have to go through that."

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GRIM DISCOVERY Woman, 70, found ‘strangled to death with belt’ and buried in concrete in her basement as cops track down caregiver

2 assisted living caregivers charged after abandoning resident on roadside, stealing identify

by Kimberly Bonvissuto

Two senior living caregivers have been charged with abuse and exploitation for allegedly stealing a resident’s identity and debit card and then abandoning the resident on the side of the road on a “particularly hot day” in 2019.

Florida Attorney General Ashley Moody announced the arrests and charges this week following an investigation by the state Medicaid Fraud Control Unit. According to Moody, Tavetta Lavetta Jones and Tekera Levine, employees of Whispering Pines Assisted Living in Pensacola, FL, were supposed to transfer the resident to sign bond paperwork. Instead, they are accused of abandoning the resident on the side of the road on Sept. 3, 2019, and stealing the resident’s identification and debit cards.

Kevin Wheatley, owner of Whispering Pines, said he is in “scramble mode” to keep his facility “running safely and smoothly,” adding that he only learned about the incident recently from the local news.

“There is a certain amount of trust you have to put in your staff,” Wheatley told McKnight’s Senior Living. “If that trust is broken, it’s obviously heartbreaking.”

Wheatley said Jones is no longer employed by the community and Levine, “who has a stellar reputation in the caretaking community,” is on administrative leave “until we can figure out what happened.” He said Levine maintains that she was not involved in the incident. 

Jones is charged with exploitation of an elderly person or disabled adult and criminal use of personal identification information. She faces up to 35 years in prison. Levine, a Whispering Pines manager, faces a charge of accessory after the fact and up to five years in prison. Both were arrested last weekend by the Escambia County Sheriff’s Office and released on a $5,000 bond each.

According to the attorney general, the resident identified Jones and Levine as the employees who orchestrated the scheme. The resident also identified a black Volkswagen as the vehicle that Jones was driving the day the resident was abandoned on the side of the road.

Levine “gave varying accounts” about the incident and Jones’ involvement. Phone records placed both employees in the county where the resident was abandoned near the time that law enforcement responded to a 911 call from people who found the older adult on the side of the road. Phone records also placed Jones in the vicinity of ATMs where the victim’s debit card and personal identification number were used to access a bank account in August and September 2019.

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2 assisted living caregivers charged after abandoning resident on roadside, stealing identify

Southwest Virginia woman sentenced in elder fraud case

by Robert Sorrell

A Southwest Virginia woman will serve prison time for stealing more than $17,000 from an elderly woman she was supposed to be taking care of, according to Wise County's chief prosecutor.

Rendy Eva Hale, 38, of Dante, previously pleaded guilty to five counts of credit card forgery and five counts of credit card fraud, Wise County Commonwealth’s Attorney Chuck Slemp said in a news release Thursday. Hale received a five-year sentence, with three years and eight months suspended. As a result, she’ll serve one year and four months in prison.

Slemp said Hale was hired as a caregiver around Thanksgiving 2019 to aid an older woman who needed help because of some extensive medical issues. Instead of caring for the woman, Hale stole more than $17,000 of her employer’s retirement funds in just a few short months and hid the theft by intercepting mail from her employer’s bank.

In Wise County Circuit Court, the judge also ordered Hale to complete probation and pay $17,313 in restitution.

“Elder abuse refers to crimes of violence, instances of neglect, and fraud or financial exploitation targeting older adults,” Slemp said. “Elder abuse is a growing epidemic in our area that deserves our attention.”

The National Council on Aging estimates that up to 5 million older Americans are abused every year, and the annual loss by victims of financial abuse is estimated to be at least $36.5 billion. The organization says one in five Americans ages 60 and older has experienced some sort of elder abuse.

Virginia seniors may be losing $3 billion a year, according to data. The Virginia Department of Aging and Rehabilitative Services reports that more than 12,000 cases are reported each year.

“My office remains dedicated to raising awareness in hopes of preventing elder abuse, and we will continue to aggressively prosecute any and all crimes against the elderly,” Slemp said.

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Southwest Virginia woman sentenced in elder fraud case

Britney Spears’ dad reveals he recently discussed possibly placing singer back in mental institution

By Ben Feuerherd and Nicholas Hautman

Jamie Spears has said he was not in charge of his daughter's medical decisions in 2018. AFP via Getty Images

Britney Spears’ father on Friday revealed he recently discussed whether to place his daughter back in a mental institution — as he rejected efforts to remove him as co-conservator of her multimillion-dollar estate.

Jamie Spears claimed in documents filed in Los Angeles County Superior Court that he wasn’t responsible for committing his daughter in 2019, a move that sparked the now-famous “#FreeBritney” movement.

But he said he got a call from Jodi Montgomery, who is in charge of the singer’s personal and medical affairs, on July 9 pleading for help over Britney’s “recent behavior” and mental health. 

Montgomery allegedly expressed concern that the pop star hadn’t been taking her medications properly — and brought up the possibility of a 5150 psychiatric hold, which, under California law, allows a person to be held for psychiatric evaluation if they are deemed to be a danger to themselves or others.

“Ms. Montgomery felt that Ms. Spears was spiraling out of control,” Jamie Spears said in a court declaration.

A banner reading “Free Britney” is seen at the Christopher Street Day parade in Berlin.

Jörg Carstensen/picture alliance via Getty Images

He claimed that Montgomery later backtracked and said a 5150 wasn’t needed.

The dad noted that beginning in 2018, he was not in control of Britney’s medical decisions, including her being committed to a mental facility the next year. When it surfaced that the former pop star had allegedly been involuntarily committed, fans took to social-media to demand she be “freed.” 

“Although I did not formally step down as Conservator of the Person until September 2019, I had not been in control of my daughter’s medical treatment since late 2018, when, due to my own personal health issues, I had to step back in this role,” the dad said in the filing.

Instead, Montgomery, who was added to Britney’s conservator team amid Jamie’s health issues, and a lawyer who used to be involved in the case made the decision, the court papers state.

“It was Jodi Montgomery, along with the Conservatee’s former attorney Sam Ingham, who admitted Ms. Spears to a facility in early 2019, including but not limited to signing the admittance documents,” the court filing states.

But Montgomery’s rep fired back in a statement to The Post on Friday, “As Case Manager, Ms. Montgomery worked under the sole direction and control of Jamie Spears. 

“She had no power or authority to place Britney Spears in any facility as a Case Manager – only Jamie Spears had that power in March 2019.

Britney Spears was checked into a mental health facility in 2019.

Ethan Miller/Getty Images

“It is unequivocally NOT TRUE that it was Ms. Montgomery and Sam Ingham ‘who admitted Ms. Spears to a facility in early 2019.’

“It is in Ms. Spears’ best interests that her father step down as her Conservator, so he can go back to just being Ms. Spears’ father, and working on a healthy, supportive father-daughter relationship,” the statement added.

Montgomery’s lawyer also said that though she has concerns about the “Toxic” singer’s mental health, Jamie Spears had misrepresented their conversation. 

“At no time did Ms. Montgomery express to Mr. Spears that Ms. Spears would currently qualify for such a (5150) hold,” Montgomery’s lawyer said in a statement. 

Montgomery believes that having her father as conservator was having a “serious impact” on Britney’s mental health, the statement said.

Jamie Spears’ has been at least one of his daughter’s conservators since 2008, when the star suffered a string of public meltdowns.

Britney has sought to free herself from the conservatorship — and called for her dad and anyone else involved in it to be jailed.

“Ma’am, my dad and anyone involved in this conservatorship, and my management, who played huge roles in punishing me when I said ‘no’ [to going on tour] — ma’am, they should be in jail,” she told a judge last month.

Jamie claims in the new filing that he’s done nothing but try to protect his daughter.

“Throughout his service as Conservator, Mr. Spears’ sole motivation has been his unconditional love for his daughter and a fierce desire to protect her from those trying to take advantage of her,” the papers state.

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Britney Spears’ dad reveals he recently discussed possibly placing singer back in mental institution