Archive for May, 2013

Georgia Banker Accused of Financial Exploitation

May 31, 2013

Police say Wells Fargo personal banker is accused of stealing about $10,600 from an elderly customer’s account.

Atlanta police spokeswoman Kim Jones says Daniel Araujo befriended a 90-year-old bank customer and asked her to sign what she thought was a transfer slip from her checking to savings account.

Jones says the form was actually a withdrawal slip.

The bank says it’s cooperating with police and the customer won’t suffer any loss.

Full Article and Source:
Atlanta Bank Employee Accused Theft, Financial Exploitation of an Elderly Person

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Former KY Attorney, Donald A. "Champ" Maze, Disbarred Over Vote Buying

May 31, 2013

A former county attorney from northeast Kentucky was disbarred Thursday for paying voters to cast ballots for him in a 2006 election and then lying about it to a grand jury.

 
The Kentucky Supreme Court found that one-time Bath County Attorney Donald A. “Champ” Maze’s conduct proved so egregious, he should be permanently banned from practicing law, even though he had no prior disciplinary record.
 
Chief Justice John D. Minton, writing for the court’s majority, said Maze abused a position of power and trust by using his office to corrupt both the voting process and the judicial system.
 
“Any layperson should know better, and so much more should a lawyer with over 20 years of experience, 12 of which included prosecuting criminals as the County Attorney,” Minton wrote.

Full Article and Story:
Former County Attorney Disbarred Over Vote Buying

New Mexico District Judge William Brogan Resigns Following Allegations of Misconduct

May 31, 2013

A New Mexico judge has agreed to resign and never be a judge again, following allegations of misconduct.

District Judge William Brogan of Alamogordo is accused of repeatedly failing to follow the rules for criminal cases in the last two years.

The judicial standards commission said brogan required guidance from staff and attorneys because of his lack of understanding of courtroom procedures.

The commission had begun disciplinary proceedings against brogan, when he agreed to resign.

The state Supreme Court agreed with the agreement.

Source:
Judge Resigns After Alleged Misconduct

Nursing Home Investigation: TX Families Fighting Back

May 30, 2013

Black eyes, bruises and a busted lip are not what most of us associate with a nursing home. When one North Texas family suspected abuse, they did not turn to regulators but technology.

Statistics show about one in three homes nationwide have been cited for abuse. FOX4 found
more and more families fed up with the system, are fighting back with their own secret weapon.

At 98 years old, [Minnie] Graham was a cherished woman.

Graham was adored by a large extended family and granddaughters who could not stand by when they started noticing bruises.

“She kept telling us people were hitting her,” said Teri Hardin, another granddaughter.

Her granddaughters say the Winters Park Nursing and Rehabilitation Center in Garland told them Graham fell out of her wheelchair. They didn’t buy it so they installed a hidden camera in her room.
Brenna Tiller is the hospice worker who was assigned to Graham. The video shows Tiller pulling Graham up by the arm. Graham later falls back onto the bed and cries out.

“Somebody help me,” you can hear Graham say on the tape.

When Graham begins slapping at Tiller, Tiller slaps her more than once.

“When my grandmother is screaming in pain, it is completely disregarded,” said Teri Hardin.

Tiller uses language we cannot print. She calls Graham ugly and retarded. She mocks her. She also sticks out her tongue at Graham, sprays water in her face as she brushes her hair and puts a towel in her mouth she just used on Graham’s body.

“I just don’t know how people can be so heartless and careless,” said Ballard. “Clearly it hurt when they pulled on her arm. Clearly it hurts when you yank someone by the hair on their head.”

Full Article, Video, and Source:
Nursing Home Investigation: Families Fight Back

Stealing From Elderly Patient Leads to NJ Woman’s Probation Sentence

May 30, 2013

A Wayne woman who pleaded guilty to 11 counts of theft by deception after authorities said she stole money from an elderly person she was caring for was sentenced to three years of probation and a suspended sentence of 364 days in the Morris County Correctional Facility, Acting Morris County Prosecutor Fredric Knapp said.

Linda Stimmel-Keay, 47, was working as a home health care aid for an elderly person when she stole more than $285,000 from three separate bank accounts under the patient’s name, Knapp said. A total of $90,835.93 was stolen from the patient’s Ameriprise Financial account; $131,400.82 stolen from E-Trade and $62,994.58 stolen from Lakeland Bank Checking, as discovered by an audit conducted by the Morris County Prosecutor’s Office Fraud Unit.

Stimmel-Keay pleaded guilty to the charges on April 16 and paid $201,226.66 in restitution to the victim just prior.

In addition to the probation sentence, the Hon. Stuart Minkowitz sentenced Stimmel-Keay to ten days of the Sheriff’s Labor Assistance Program; 120 hours of community service; additional restitution to Ameriprise Financial in the amount of $63,595.54 and for her to surrender her nurse aide’s certification.

Full Article and Source:
Stealing From Elderly Patient Leads to Wayne Woman’s Probation Sentence

Indiana Judicial Candidate Disciplined by Indiana Supreme Court

May 30, 2013

The Indiana Supreme Court, Indianapolis, has barred Tammy Davis, the Democratic candidate for judge of the Franklin Circuit Court last November, from seeking judicial office for five years and publicly reprimanded her, according to an order signed by Chief Justice Brent Dickson and filed May 7.

The court took the middle road in its discipline of the attorney.

Davis also is required to pay the proceeding’s costs, the order noted.

The document explained that the commission, a seven-member group that investigates possible ethical misconduct by judges and candidates for judicial office, filed a seven-count Notice of the Institution of Formal Proceedings and Statement of Charges alleging that Davis “made several false, misleading and/or inappropriate statements during her campaign about the character and conduct of the incumbent, Judge J. Steven Cox, in violation of the Indiana Code of Judicial Conduct.” Davis filed her legal answer Nov. 15, 2012.

Kathryn Dolan, Indiana Supreme Court public information officer, explained after the Indiana Commission on Judicial Qualifications filed disciplinary charges against the Brookville woman Oct. 26, 2012, just 12 days before the election, “The court can dismiss the charges against Davis or it can impose sanctions ranging from a reprimand to a permanent ban on holding a judicial office in Indiana.”

Full Article and Source:
Local Judicial Candidate Disciplined by Indiana Supreme Court

Alabama AG Applauds the Protecting Alabama’s Elder’s Act

May 30, 2013

Attorney General Luther Strange applauded final legislative passage of the Protecting Alabama’s Elders Act. The bill extends and strengthens legal protections from financial exploitation and physical or emotional abuse for all people aged 60 and older.

“I am pleased that the Legislature has strengthened our state laws to provide special protections for all who are 60 years or older,” said Attorney General Strange. “Previously, such protection applied only if the victim was defined as physically or mentally impaired. Sadly, experience tells us that criminals repeatedly target older people as victims, and the law passed today is a strong weapon to combat this.”

The Attorney General’s Office was actively involved in leadership of the Interagency Council for the Prevention of Elder Abuse, which crafted the Protecting Alabama’s Elders Act. The Council was created by the Alabama Legislature to examine this problem and suggest solutions. Members include representatives of about 30 various law enforcement, judicial, legal, health and senior advocate agencies and other organizations.

Full Article and Source:
AG Luther Strange Applauds The Protecting Alabama’s Elder’s Act

Nashville Attorney John E. Clemmons Charged With Theft in Conservatorship Case

May 29, 2013

A Nashville attorney, whose license to practice law was recently suspended, has been charged with theft of more than $60,000 from a client.

John E. Clemmons, 65, was charged last week with theft from a retired teacher.

While serving as the conservator of the Rutherford County resident, Clemmons paid himself more than $50,000 in fees without court approval.

Paul Housch, Clemmons’ attorney, said his client already had entered a not guilty plea to the criminal charge. He declined to respond to the charge, stating that it would be addressed in court. An initial hearing is scheduled for June 7.

The charges were initially spelled out in an April order from the state Supreme Court which indefinitely suspended Clemmons’ license to practice law, concluding that allowing him to continue posed “a threat of substantial harm to the public.”

Chancellor Robert E. Corlew III on March 5 removed Clemmons as Russell Church’s conservator. Rutherford County Clerk and Master John A.W. Bratcher then referred the matter to District Attorney General Robert Whitesell, whose office brought the charges to a grand jury.

The indictment was unsealed last week.

Clemmons also is facing charges in a civil case brought by the daughter of a woman for whom Clemmons served as a conservator for more than four years. The suit charges that Clemmons misappropriated about $450,000 from the estate of Nannie P. Malone, who died last year.

The suit on behalf of Malone’s daughter, Teresa A. Lyle, charges that Clemmons breached his fiduciary duty and failed to properly account for thousands of dollars in proceeds when Malone’s property was auctioned. The insurance company that provided a bond for Clemmons under his services in the conservatorship has filed a cross claim against Clemmons for the value of the $300,000 bond.

Full Article and Source:
Nashville Attorney Faces Theft Charges in Conservatorship Case

See Also:
Tennessee Attorney John E. Clemmons, Court Appointed as Conservator, Sued for Breach of Fiduciary Duty, Conversion, and More

Alabama Social Worker Employee Charged With Abusing Her Physically and Mentally Handicapped Brother

May 29, 2013

A social service worker with the Alabama Department of Human Resources has been arrested after the elderly brother shecares for was found with laying in his own feces with multiple bed sores, according to the Mobile County Sheriff’s Office.

Yolanda Thurman is accused of abusing her mentally handicapped, adult brother, said Lori Myles, public information officer for MCSO. She is facing one count of elderly abuse and neglect, a felony with a maximum sentence of 20 years.

Her brother was identified as Byrd Bunkley Jr., a mentally and physically handicapped adult who needs 24-hour care.

“The home was in such poor condition,” said MCSO’s Lt. Paul Burch. “Mr. Bunkley was laying in his own feces with bed sores all over his body. I do believe we saved his life.”

According to Myles, authorities were alerted to possible abuse after the victim’s niece called Mobile County Emergency Medical Services following a visit to her uncle.

Full Article and Source:
Mobile County DHR Employee Charged With Abusing Her Physically and Mentally Handicapped Brother

Englewood Housing Authority Not Amused…

May 29, 2013

A drug and prostitution sting inside a senior citizen building: For outsiders, funny stuff.

But now that the notoriety has quieted, the no-joke subject of how to protect elderly residents from more such criminal elements was the focus of an un-smiling Housing Authority board Monday night.

And other than increased vigilance and talking more with tenants, there was no ready answer by the cash-strapped authority.

It was the board’s first meeting since being overwhelmed with media attention about the arrests of James Parham, 75 and Cheryl Chaney, 66 on drug and nuisance charges. Both lived in the Vincente K. Tibbs Senior Citizen Building, a 152-unit public complex managed by the authority.

The salacious story was picked up by media worldwide and became joke fodder for TV talk-show host David Letterman and Saturday Night Live.

Full Article and Source:
Englewood Housing Authority Not Amused; Says Protecting Seniors Top Priority

See Also:
Three Arrested in Drug, Prostitute Sting at New Jersey Senior Citizen Complex