Getting to the Money: Wendy Williams’ Attorney Accuses Judge in Wells Fargo Court Case Of ‘Improper Actions’

by Cedric 'BIG CED' Thornton

LaShawn Thomas, the attorney hired by Wendy Williams to help fight against her bank, Wells Fargo, is speaking out.

According to Radar, Thomas recently accused the judge and the bank of conspiring to keep her off the case because she “couldn’t be bought.”

In March, Williams appeared on social media to speak about her situation regarding the money that Wells Fargo refused to release to her.

In previous reports, Williams demanded that Wells Fargo unfreeze millions in her accounts, as the bank deemed her an “incapacitated person” who needs guardianship to intervene in her affairs, Page Six reported. The 57-year-old talk show host filed an affidavit with the New York Supreme Court for a temporary restraining order against Wells Fargo.

Her former Wells Fargo financial adviser Lori Schiller was terminated because of alleged misconduct involving her accounts, and claims that Williams was “of unsound mind.”

After Williams went public with the dispute, the judge sealed the case, which is still going on.

According to The Hollywood Reporter, Thomas wasn’t allowed to work on the court case due to a conflict of interest.

Thomas tells Radar a different story.

“There was never a conflict of interest. The judge and Wells Fargo did not want me on the case because I couldn’t be bought. I would never stand by and watch my client be taken advantage of; so they did everything to get me out of the picture…including threatening to report me to the Florida Bar if I communicated with my client.”

“Their goal was to get Wendy back to New York to control her. Wendy was doing well in Florida with her son. She was on the mend, seeing her doctors every day, exercising, and having coherent conversations.”

She also stated that recent videos of Williams are not an indication of who she was while living with her son in Florida.

Thomas added that Williams has been “isolated” and that she has done whatever could to try to help Williams. She has filed a complaint against the bank as well as the judge for her “improper actions.”

“Unfortunately, I cannot continue to pursue these actions as I have been impeded in my attempts to communicate with Wendy by the court. They don’t want us to see a healthy Wendy hence the Court’s threats to sanction me if I spoke to the media or to Wendy.”

Full Article & Source:

Getting to the Money: Wendy Williams’ Attorney Accuses Judge in Wells Fargo Court Case Of ‘Improper Actions’

What Is the Difference Between a Springing and Non-Springing Power of Attorney?

By Natasha Meruelo

A power of attorney is a document that grants various powers and responsibilities to a trusted third party or “agent” who can act on your behalf. This document usually only allows an agent to make non-medical decisions on your behalf. A power of attorney can be a valuable planning tool that lets you decide in advance who will manage your affairs should you become unable to do so. It can also be a way to avoid expensive guardianship or conservatorship proceedings if you become disabled or incapacitated.

The way a power of attorney is formalized varies from state to state. Some states have particular requirements and wording that must be in a power of attorney for it to be valid and accepted. You may have heard of the terms “springing” and “non-springing” power of attorney and wonder what they mean. 

Springing Power of Attorney

A springing power of attorney is a document executed now, but that does not take effect unless the principal becomes incapacitated or a particular event occurs. This type of power of attorney is contingent on something specific happening before it comes into force. If the event or incapacity never occurs, an agent will not be empowered to act on behalf of the principal.

Many people want a springing power of attorney because they feel more comfortable knowing their agent can only exercise powers if a triggering event occurs. This can alleviate any concern that the agent may try to misuse a power of attorney.

A springing power of attorney is not always easy to use. Depending on your jurisdiction, it may be necessary to have a medical professional such as a doctor certify that a triggering condition has occurred.

Let’s say you become medically incapacitated. Where required, the professional will likely have to complete an affidavit attesting to your condition or that certain events occurred. Often, a medical professional will not be comfortable signing an affidavit or may require their own attorney to advise them on how to proceed. This can cause delays that can frustrate an agent’s ability to act, especially in time-sensitive situations.

Additionally, financial institutions may be reluctant to accept this type of power of attorney because it is difficult for them to judge whether you truly are incapacitated or if a triggering event has in fact occurred. A certain amount of caution on the part of financial institutions is understandable: When someone steps forward claiming to represent the account holder, the financial institution wants to verify that the individual indeed has the authority to act for the principal.

Non-Springing Power of Attorney

With a non-springing power of attorney, the agent has the powers granted in the document the moment it is signed by you and the agent(s) you designate. So, even if you are capable of signing for yourself or handling certain transactions, your agent could still sign for you without your involvement.

How Some States Approach Powers of Attorney

Many states have taken steps to address some of these problems. New York, for example, implemented a statutory form in 2021 that, if filled out and executed correctly, financial and other institutions will be more likely to accept. In particular, it has a provision where the agent agrees to reimburse the third party for any claims that may arise against the third party because of reliance on a power of attorney.

To help limit the potential for abuse by an agent, New York’s form also allows a power of attorney to be narrowly tailored to a specific purpose.

The laws of each state will vary when it comes to powers of attorney. For guidance on a springing or non-springing power of attorney, consult a qualified attorney in your area.

Full Article & Source:

What Is the Difference Between a Springing and Non-Springing Power of Attorney?

Man charged in con that exploited 102-year-old WWII veteran, police say

by Dave Faherty

A 102-year-old World War II veteran from Morganton fell victim to a serial conman who has a history of taking advantage of the elderly, according to the Morganton police.

Up until last year, the veteran, whose family asked that we don’t share his name, said he used to cut the grass at his Burke County home.

Morganton Police Department investigators told Channel 9′s Dave Faherty the 102-year-old man hired Joseph Civitello to do some painting and window repair at his home. He agreed to pay Civitello more than $700 for the work.

According to police, Civitello did some of the work, but didn’t finish everything that was in the contract, including replacing a window.

“It kind of upset me. It got me aggravated, but there was nothing I could do about it, because he done beat me out of it,” the 102-year-old said. “I turned him into the law, and I don’t know what they’re going to do with him. They should do something.”

Civitello was charged with exploitation of the elderly and obtaining property by false pretenses.

Police said their investigation revealed several civil complaints against Joseph’s Home Improvements, Civitello’s company. The majority of grievances involved the elderly, according to investigators.

According to court document, Civitello advertised in the local paper, promising discounts for seniors.

Channel 9 learned Civitello has at least six other lawsuits filed against him. Judges have ordered him to repay more than $20,000.

Later Tuesday, Civitello contacted Faherty and said there was a mix up with his workers and he was willing to pay back the $750. He also said he was working on the other judgements as well.

Full Article & Source:

Man charged in con that exploited 102-year-old WWII veteran, police say

Judge Insults families by allowing guardian that isolated wards, stole millions from estates to leave state for a wedding

Published by Sherry Johnston

Sunday August 20,2022 

After years of investigation, Traci Samuels, a professional guardian in Florida was arrested for stealing millions from her ward’s estates. Traci Was well known for suing the wards family member and charging hundreds of thousands in attorney and guardianship fees for herself  paid from Hudson’s wards estate granted by the judge. 

Genyte Dirse was kidnapped by real estate agent Diana Sims who was employed by REMAX. Diana Sims initiated a guardianship against Genyte because Dirse would not allow Sims sell her home in St. Petersburg. Afterward Traci Hudson was awarded Guardianship over Genyte and spent hundreds of thousands in attorney fees defending the abusive guardianship. Dirse eventually died alone totally isolated because of her guardian refused Genyte nephew any visitation’s

 Lesa Martino’s father Roland was a ward of Traci and during that time Lesa exposed Traci bad deeds to authorities only to be retaliated against. Traci Hudson filed Libel suit Against Lesa and the Judge awarded Lesa home to Hudson for damages for exposing Hudson's exploitations

 Lesa Martino filed bankruptcy and another judge evicted Lesa out of her home at gunpoint while the libel- eviction lawsuits are still under appeal

November 2019 Traci Samuels Hudson was arrest and charged with multiple counts of Elderly abuse and theft. Judge Susan St. John is the judge assigned to the trial.  Since Traci arrest, the wards families have suffered hideous abuse from judges. Prior to Traci Hudson Trial scheduling she had disposed of all her assets, divorced her husband, sold her home, filed bankruptcy and gave a lawsuit against Lesa Martino to an attorney named John Hayter who illegally evicted Lesa from her home! 

     Judge St John has been nothing but polite to Traci and allowed Traci attorney to oversee the trial. Traci Hudson attorney asked the Judge for permission to allow Traci Hudson to take her elderly father out of state to Texas for a family event. Judge St John allowed the travel without any restrictions at first until advocates watching the zoom meeting, the court watchers opposed. Judge St. James later added that Traci would wear an ankle bracelet and provide an itinerary.  Later Hudson attorney requested permission to drive instead of flying to El Paso Texas for a nephew’s wedding because she could not afford to fly and her elderly father was ill and was not able to fly.

What a insult and slap in the face toward the wards family when Judge St John happily granted her request. With a smirk on her face Judge St. John told Traci “I BETTER NOT CATCH YOU NEAR THAT BORDER” and the hearing was adjourned 

Full Article & Source:

Judge Insults families by allowing guardian that isolated wards, stole millions from estates to leave state for a wedding

Lack of staff forces Houlton elder care facility to end nursing services

by Joseph Cyr

Gardiner Health Care Facility in Houlton will be closing its 38-bed nursing unit, citing a lack of nurses to fill positions. In its place, the facility will expand its residential care unit to accommodate more individuals who do not require as much high-level care. Credit: Joseph Cyr / Houlton Pioneer Times

HOULTON, Maine – One of two skilled nursing facilities for elderly people in the Houlton area is closing its doors, citing a shortage of nurses.

Gardiner Health Care Facility announced Thursday it will close its 38-bed nursing unit by Oct. 30. Once the nursing wing has fully closed, the facility will expand its residential care unit from 10 beds to 40, with more private rooms. 

The closure is due solely to a lack of qualified staff. There aren’t enough nurses in the state to care for the aging population, and many nurses are aging themselves, said a Gardiner facility official. Currently there are 27 residents receiving care at the facility, and right now no one knows where most of them will go.

Nursing shortages have forced several Maine nursing homes to close within the last year. The Island Nursing Home and Care Facility in Deer Isle shut its doors last fall, closely followed by the Country Manor Nursing Home in Coopers Mills and the Somerset Rehabilitation and Living Center in Bingham. 

“A large percentage of nurses in this state are over the age of retirement.  The ongoing pandemic has pushed a lot of nurses into retirement because it has been hard to meet the needs with so few people to share the load,” said Mary Jane Richards, chief executive officer for Gardiner Health Care Facility.

Even with high wages and creative programming, Gardiner can’t find the staff to meet the state and federal guidelines for a long-term care facility, she said. Having enough nurses to cover the necessary shifts has been difficult, like it has in so many other elderly care facilities and hospitals. 

Staff aren’t sure where everyone will go but will work closely with residents and their families to place them as close as possible to their current location or near family. 

“There are a few other nursing homes in the area and several residents, because of their care needs, will be able to stay on the residential care unit,” Richards said.

Jim Brown, owner of Madigan Estates Nursing Home in Houlton, said he would not likely be able to accommodate most of those 27 residents. As of Friday morning, Brown said 96 of the 99 beds in the skilled care wing were already occupied.

“It is certainly a difficult situation to be in and I sympathize with those families,” he said.

The next closest facilities would be the Aroostook Health Center in Mars Hill (located about 28 miles north), Presque Isle Rehab and Nursing in Presque Isle (42 miles north), Katahdin Health Care in Millinocket (70 miles south), or Cummings Health Care Facility in Howland (about 90 miles south).

A nursing unit differs from a residential care unit because it requires registered nurses and licensed practical nurses, as well as certified nursing assistants and several other qualified positions.

“People that need to stay in a nursing unit require more clinical care and oversight,” Richards said. “People that stay in a residential care unit are more independent and do not require as much clinical care.”

Staff are glad the facility will continue to serve the area by expanding its residential care component, which allows for many of the staff to retain their current or similar roles, Richards said.

“By expanding residential care services it will reduce our reliance on nurses, an occupation that struggles to keep up with demand in Maine and throughout the country,” Richards said.

The Maine Department of Health and Human Services has been notified of the closure and is working with Gardiner’s representatives on relocation plans for all the residents whose care needs cannot be met at Gardiner. 

Gardiner staff, Maine DHHS and the Long-Term Care Ombudsman Program will be assisting residents and family members find new housing and care options. Informational meetings for families and residents have been scheduled. 

Full Article & Source:

Lack of staff forces Houlton elder care facility to end nursing services

Local woman guilty in elder abuse case

—Acorn staff report

CHARGES—The Royal Gardens senior living home was the scene of elder abuse in 2020. The director of the facility, an Oak Park woman, was guilty of not doing anything about it. Acorn file photo

A 55-year-old Oak Park woman pleaded guilty to charges relating to elder abuse in the 2020 case of a Camarillo assisted living facility where an employee of hers raped one dementia patient and attempted to rape another, Ventura County District Attorney Erik Nasarenko said.

Lisa Cohen entered her plea Aug. 11 to the crime of being mandated to report elder abuse and failing to do so. Ventura County Judge Gilbert Romero sentenced Cohen to 120 days in county jail and 12 months probation.

Cohen was the director of the Royal Gardens Assisted Living Facility in Camarillo, where employee Joel Gonzales allegedly raped a 90-year-old dementia patient and attempted to rape another 82-year-old resident in October 2020.

In January 2021, Gonzales was arrested for sexual assault on the two women, who were residents of the Royal Gardens home where Gonzales worked as a caregiver. He was 25 and a resident of Camarillo when the crimes allegedly took place.

His arrest for the elder abuse came at the Ventura County jail, where he was already in custody for the attempted strangling of a 6-year-old girl.

Police said Gonzales was staying at a relative’s home in the 1500 block of Calle La Cumbre when he violently attacked and tried to strangle the child in late 2020. According to officials, the girl was a guest at the house.

While investigating Gonzales regarding the attack on the girl, detectives reportedly learned about the sexual assaults on the elderly women after family members of one of the victims reported it to police. Last year, Gonzales pleaded not guilty to his crimes by reason of insanity.

Authorities said two facility administrators, including Cohen of Oak Park, knew about the assaults on the older women and failed to report them, even when questioned by the police about Gonzales

Cohen was aware of the alleged crimes near the time they occurred and failed to report Gonzales’s actions to law enforcement, the district attorney said.

“Under the law, a mandated reporter is any person who has assumed care or custody of an elder or dependent adult, regardless of whether they receive compensation,” the DA said in a statement.

Elder and dependent adult care custodians, health practitioners, clergy members, employees of Adult Protective Services, law enforcement personnel and all officers and employees of financial institutions are required by law to make a report of elder abuse or neglect if they see it, suspect it or hear about it.

Full Article & Source:

Local woman guilty in elder abuse case

‘She Has Been Isolated’: Wendy Williams’ Lawyer Accuses Judge Of Refusing To Let Her Speak To Talk Show Host In Battle With Wells Fargo

By:Ryan Naumann

The lawyer who at one point represented Wendy Williams’ in her battle against Wells Fargo accused the court of threatening to report her to the Florida bar if she communicated with the talk show host, Radar has learned.

Last year, Wendy hired an attorney LaShawn Thomas to help her battle Wells Fargo. The entertainer accused the bank of freezing her accounts and refusing to let her touch her money.

Wendy said she was unable to pay her bills and staff due to the bank’s actions. She believed her ex-financial advisor Lori Schiller had told the bank that she was potentially the victim of financial exploitation.

Wendy denied the accusations and demanded her money publicly and privately in court. Wells Fargo refused to unfreeze the accounts and asked the court to appoint a guardian to make a decision on behalf of Wendy. 

The judge ended up sealing the case which is still being fought in New York.

Wendy brought on LaShawn to assist with the matter. Many people questioned why the entertainer hired a lawyer with ties to her ex-husband, Kevin Hunter.

In The Hollywood Reporter’s exposé on Wendy, they reported that LaShawn was prohibited from working on the case due to a conflict of interest. 

Now, LaShawn has spilled what allegedly happened behind the scenes. She said, “There was never a conflict of interest. The judge and Wells Fargo did not want me on the case because I couldn’t be bought. I would never stand by and watch my Client be taken advantage of; so they did everything to get me out of the picture…including threatening to report me to the Florida Bar if I communicated with my client.”

“Their goal was to get Wendy back to New York to control her,” LaShawn said. “Wendy was doing well in Florida with her son. She was on the mend, seeing her doctors every day, exercising, and having coherent conversations.”

“The person you see today is vastly different than you saw in videos from Florida” of Wendy earlier this year, LaShawn claimed.

LaShawn said Wendy has been “isolated” and she has done everything in her power to assist. She said she filed a complaint against Wells Fargo and the judge for her “improper actions.” 

“Unfortunately, I cannot continue to pursue these actions as I have been impeded in my attempts to communicate with Wendy by the court. They don’t want us to see a healthy Wendy hence the Court’s threats to sanction me if I spoke to the media or to Wendy.

LaShawn said in regard to Wendy’s ex Kevin Hunter, she stood up for her client was instrumental to the success of Wendy’s show and had her best interest at heart despite his mistakes.

As RadarOnline.com previously reported, sources close to Wendy are growing concerned over her health as she continues to make shocking public appearances. 

Full Article & Source:

‘She Has Been Isolated’: Wendy Williams’ Lawyer Accuses Judge Of Refusing To Let Her Speak To Talk Show Host In Battle With Wells Fargo

Department of Aging starts investigative unit to stop financial exploitation of elders

Continuing its work to address and prevent one of the fastest growing forms of elder abuse, the Department of Aging announced the formation of a dedicated investigative unit to support Area Agencies on Aging (AAAs) in probing complex financial exploitation cases and obtaining justice for older Pennsylvanians.

The Financial Abuse Specialist Team (FAST) is a four-person unit consisting of an analyst/supervisor, two analysts, and an attorney to assist the aging network for the next two years. The creation of FAST evolved from a pilot program that began with the hiring of David Aiello, a retired state trooper with expertise in financial exploitation investigations, who has served as a shared resource for the AAA network for the past two years. The department has obtained $666,000 in federal grant funding to expand the capacity of this program for the next two years.

"Based on a sample of 22 cases where we exercised enhanced coordination and early intervention, nearly $3 million in assets were protected from further exploitation. Given these results, we decided to expand this model and build more capacity to better support AAAs on these cases and get the justice that victims deserve," said Secretary of Aging Robert Torres. "This FAST unit will be available to assist in both investigating and resolving financial exploitation cases. It will also work on building or strengthening relationships with law enforcement to achieve justice for older adult victims and to mitigate damages as quickly as possible."

Financial exploitation ranks in the top three types of elder abuse reported to the department. It can take the form of property theft, misuse of income or assets, misuse of Power of Attorney; or scams of many types including medical, contractor, grandchild imposter emergencies, Social Security or IRS, fake charities, gift card scams, pension poaching and more.

“Utilizing specialty software, FAST analysts ‘follow the money’ to help field investigators, law enforcement and our own elder justice attorney determine what happened to elderly victims’ assets. Our attorney, in turn, will fight to claw back stolen assets and hold perpetrators accountable," said David Aiello, FAST supervisor.

The formation of the FAST investigative unit is an extension of PDA's ongoing work in protecting older adults and preventing financial exploitation. The department conducted a study on the impact of financial exploitation of older Pennsylvanians as directed by Governor Tom Wolf's 2019 Executive Order on Protecting Vulnerable Populations.

The study examined several hundred substantiated financial exploitation cases investigated by 10 local AAAs, covering 14 Pennsylvania counties. The average financial loss to each victim in the study was almost $40,000, totaling close to $12.5 million in the cases reviewed in the study alone. The study recognized that many of these cases go unreported so the extent of losses due to financial exploitation are likely much higher.

"Among the many types of elder abuse being investigated by AAAs, financial exploitation cases require unique skills and training. The FAST investigative unit gives the AAA network access to resources that enhance the work already being done by creating a mechanism to help older adults with the potential to recover lost assets," said Steve Williamson, executive director of the Blair County Agency on Aging, which is hosting FAST.

In addition to FAST and Department of Aging protective services team members, Sec. Torres was joined by representatives from the Pennsylvania State Police, Office of the Attorney General, and the departments of Banking and Securities and Military and Veterans Affairs, each of whom shared their department’s efforts to combat financial exploitation in its many forms.

The Department of Aging recently unveiled a financial exploitation webpage that features information for older adults, caregivers and other aging professionals on warning signs, preventive measures, and an expandable menu of resources on key topics such as banking and finance, legal services and dementia. Soon to come are short educational videos from experts explaining financial exploitation topics in everyday terms.

The department also launched a new online elder abuse awareness training which is available to commonwealth employees, aging and human services workers throughout Pennsylvania’s aging network and the public. The training was developed to reach a broad audience and covers the four major types of abuse and how to recognize them; signs to watch for, the differences between mandatory and voluntary reporters of abuse, when and how to report, and more. The training takes about 20 minutes to complete.

The training is available on the PDA Learning Management System (LMS).

Anyone suspecting elder abuse should call the statewide reporting hotline at 1-800-490-8505, which operates 24 hours a day, seven days a week.

Full Article & Source:

Department of Aging starts investigative unit to stop financial exploitation of elders

Lodi woman arrested for physical abuse of elder person

by Jonathan Richie

A criminal complaint filed in Columbia County alleges a Lodi woman hit an elderly person with dementia at a rehab facility and yelled at them.

Mary E. Falk, 60, has been charged with one felony count of physical abuse of an elder person – intentionally causing bodily harm — in Columbia County, according to court documents filed earlier this month.

Online records show Falk is no longer in custody after signing a $500 signature bond on Aug. 9. If convicted Falk faces up to three years in prison followed by three years of extended supervision and a possible $10,000 fine.

Falk’s initial appearance was on Aug. 9 in front of Judge Troy Cross. Cross set the $500 signature bond for Falk and set standard felony conditions including Falk not being allowed to leave the state of Wisconsin or have contact with the victim.

According to the criminal complaint filed on Aug. 5:

Lodi Police were dispatched to a health and rehab center on Clark Street in Lodi for a report of possible elder abuse on Aug. 4.

The complaint alleges a witness, who works with Falk at the health and rehab center, spoke to the Lodi Police officer about an elder abuse victim. The victim is an 87-year-old with dementia.

During a bath the witness and Falk were bathing the victim when the victim attempted to strike Falk. Falk allegedly then struck the victim in the face and yelled at the victim. The witness told police the victim’s whole body jerked after being struck.

The police officer met with the victim, but said they were unable to carry out a logical conversation with them. The complaint states that the victim denied being struck by Falk.

Falk was also questioned by police about the incident. Falk allegedly admitted to being angry and admitted to striking the victim. However, Falk stated she struck the victim in the shoulder.

Falk is scheduled to be back in Columbia County Court in October.

Editor's note: A previous version of the story misidentified the name of the health and rehab center.

Full Article & Source:

Lodi woman arrested for physical abuse of elder person