Arizona Forms ‘Taskforce Against Senior Abuse’ (TASA)

Seniors and the elderly are easy targets for predators.

This vulnerable demographic is being described as one of America’s biggest fraud problems. An estimated one out of every five citizens over the age of 65 have been victimized by a financial swindle.

To protect Arizona’s senior citizens, Attorney General Tom Horne formed the Taskforce Against Senior Abuse (TASA) earlier this year as an integral part of the Public Advocacy Division of his office.

In a statement, Horne said he is committed to making elder abuse awareness, prevention and prosecution a priority.

“Our seniors need to feel safe and secure in their homes. The Attorney General’s Office is aware of the vulnerability of these citizens and is working to make sure older Arizonans are not victimized.”

To reach TASA, the dedicated phone number is (602) 542-2124. Citizens may also email TASA at SeniorAbuse@azag.gov

Full Article and Source:
Ariz. Taking Steps to Halt Financial Abuse of Seniors

Arizona Home Health-Care Worker Admits Theft

A home health-care worker admitted in court Wednesday that she stole more than $63,000 over two years from a couple in their mid-90s.

Rosario Valenzuela Bravo, 56, pleaded guilty to theft/financial exploitation of a vulnerable adult in Pima County Superior Court. She could be placed on probation or receive up to 8.75 years in prison.

If placed on probation, Bravo will have to serve at least six months in jail, but if she pays some restitution prior to sentencing, that could be reduced.

Bravo will also be required to pay $2,000 to the Health Care Fraud and Abuse section of the Arizona Attorney General’s Office.

Bravo was indicted in July on three counts of forgery and one count each of fraud and theft/financial exploitation of a vulnerable adult.

Bravo stole the money by forging checks and using one of the couple’s credit cards without permission, Assistant Arizona Attorney General Jesse Delaney said.

Bravo often added $3,000, $4,000 and $7,000 to her weekly paycheck and then persuaded her patients to write a second check, saying she hadn’t been paid yet that week.

Full Article and Source:
Tucson Health Worker Admits Stealing

>TX AG Supports Guardians for Mentally Impaired Jail Inmates

>Texas Attorney General Greg Abbott told Tarrant County officials in an opinion this week that local courts do not have the authority to bypass appointing a guardian for mentally impaired jail detainees who refuse to take medication.

The Tarrant County district attorney’s office had asked Abbott’s office in August whether the Texas Health and Safety Code, subsection 773.008(2), authorizes a court to order emergency medical treatment of a local jail inmate.

In an opinion dated April 28, the attorney general’s office said the code does not expressly say or imply that the courts can “order emergency medical treatment of local jail detainees.”

Assistant District Attorney David Hudson said the issue comes up in only “a handful” of cases each year. One inmate refused to take medication for chronic medical conditions such as diabetes.

“We had a situation where the probate courts were trying to use this statute independent of any order,” Hudson said. “There was a question of, Is that really appropriate? We were just trying to see what can and can’t be done with this statute.”

Full Article and Source:
Texas Attorney General Supports Guardians for Mentally Impaired Jail Inmates

>MI AG Charges Woman With Felony Theft

>A Mahtomedi woman faces more than a dozen felony charges after allegedly neglecting and taking $185,000 from an elderly person, not paying bills and lying on medical assistance applications.

The Minnesota Attorney General’s Office charged Michele Louise Nelson, 52, last month with five counts of theft by swindle, five counts of financial exploitation of a vulnerable adult, two counts of wrongfully obtaining assistance and one count of perjury.

The criminal complaint accuses Nelson of abusing her power of attorney for a 93-year-old. The complaint does not identify the victim.

According to the complaint:

From 2008-2010, Nelson allegedly spent more than $185,000 of the victim’s assets on items and activities for herself and family members. Bank records show most withdrawals were for cash and to a casino. She also made mortgage payments on her home.

Nelson also sold the person’s home and cashed bonds and life insurance, depositing only a portion of the proceeds into the victim’s bank accounts.

Nelson also reportedly applied on the victim’s behalf for government care assistance and claimed the person had no assets. The government subsequently paid nearly $44,000 in assistance.

The victim suffered from dementia and spent time at three different care facilities, which all reported they haven’t been paid; total amount due is nearly $24,000.

Full Article and Source:
Woman Accused of Exploiting Elderly Ward

>F. Robert LaSaracina’s Atty Seeks Withdrawal

>Mark Block, the Norwich attorney representing accountant F. Robert LaSaracina in several civil cases alleging fraud and default on LaSaracina’s part, is asking the Superior Court for permission to withdraw as counsel, citing a potential claim that he has a conflict of interest.

In motions filed Thursday, Block seeks to withdraw from nearly a half-dozen cases in which he is representing LaSaracina and LaSaracina’s business, F. Robert LaSaracina, CPA, LLC. The cases include two that stem from LaSaracina’s alleged mishandling of a Norwich estate while serving as its trustee. In one, a conservator for one of the estate’s beneficiaries accuses LaSaracina of malpractice and in the other LaSaracina is appealing a probate court judge’s ruling that LaSaracina owes the estate $4.2 million.

Contacted Friday, Block indicated he had no comment on his request to withdraw.

Full Article and Source;
LaSaracina Attorney Seeks to Withdraw

>Facebook Brings Challenges For Judges, Attorneys

>The Ohio Supreme Court wants state judges to exhibit caution before padding their Facebook friend lists with people – read attorneys – who might appear or are appearing before them in court.

Advisory guidelines issued in December by the court’s Board of Commissioners on Grievances & Discipline cautioned judges about their connections and what information they are sharing on social networking sites such as Facebook, Twitter and LinkedIn.

“You can be a friend with somebody, but you’ve got to do it carefully,” said Jon Marshall, the board’s secretary.

Full Article and Source:
Facebook Brings Challenges For Judges, Attorneys

>CT Probate Case About Far More Than Money

>Mary Gennotti, age 82, remarried her estranged husband in February 2009. At the time she was suffering from a brain tumor and advanced dementia. She signed her marriage license with an X. She would be dead within a month.

The odd ceremony was just part of a sequence of events involving his sister that didn’t make sense to New London retiree Robert Jetmore. Now he and Gennotti’s younger son, Robert, are trying to figure out what exactly happened to Mary.

They are hardly the only ones who are interested. A Connecticut author, Ron Winter, who has published a book called “Granny Snatching,” has blogged about the case. Articles critical of the probate system’s handling of it have appeared on several well-read Connecticut web sites. Additionally, the Office of the Attorney General is looking into the matter.

And it’s become something of a crusade for New Britain attorney Sally Roberts, who is representing Jetmore and Robert Genotti pro bono. “With greed in the family, when people die, the worst comes out,” Roberts said.

“There is an obvious stench about the whole matter,” Roberts said. “It does not pass the smell test.”

Full Article and Source:
Probate Case is About Far More Than Money

>Virginia: AG Proposed Bill To Prevent Elder Abuse

>Attorney General Ken Cuccinelli says our population is aging, which is why he wants to do what he can to better protect Virginia’s senior citizens.

Right now, the Attorney General’s Medicare and Medicaid Fraud and Elderly Abuse Unit consists of 70 people: nurses, ex-federal agents, auditors and others. They do undercover work as well as forensic analysis.

But you might be surprised to learn that it is limited in its power to investigate nursing homes under state law.

Ken Cuccinelli says his legislative proposal would fix that.

He says right now, investigators can only get the records of Medicare and Medicaid patients in nursing homes who are suspected of being abused because there are state and federal dollars involved.

If you don’t have Medicare or Medicaid, the Attorney General’s office can’t help, and can’t investigate possible abuse because it’s against state law.

Cuccinelli’s legislative proposal would allow his unit to subpoena *all* the records from the nursing home facility being investigated. One reason could be to see if there is a pattern of abuse or neglect that is systemic to the facility (ie. management, etc.), and not just isolated to maybe one staffer taking care of that one Medicaid patient who was reported to the Attorney General’s office.

“There’s this gaping hole in terms of getting these medical records which are key to figuring out in abuse and neglect cases what’s going on. We need nurses and investigators to look at the information. What we’re seeking during this session is the ability to use subpoena power where we believe elder abuse might be taking place, so we can further analyze those records”, says Cuccinelli.

Cuccinelli says his proposal is being sponsored by House Delegate Chris Peace (R-Hanover), and State Senator Ralph Smith (R-22nd).

Source:
Attorney General Proposes Bill to Prevent Elderly Abuse

>MO AG: More Protections Needed for Seniors

>Many Missouri investment firms lack specific plans for dealing with the unique needs of seniors who entrust them with their life savings, Secretary of State Robin Carnahan said in a report released [12/26/10].

The report is the result of a six-month audit conducted by the secretary of state’s Securities Division of the policies and procedures of 24 brokerage businesses and six investment adviser firms. Carnahan said she launched the review because of a growing number of complaints, an increase in reports of financial fraud involving seniors and the general aging of the state’s population.

“Every year, hundreds of seniors call my office with questions and complaints about the investment advice they receive,” Carnahan said in a written statement. “Missouri seniors should be able to invest their life savings confidently and without fear they will be taken advantage of by their adviser or broker.”

Full Article and Source:
Carnahan: More Protections Needed for MO Seniors

See Also:
‘Financial Abuse of the Elderly: A Detective’s Case Files of Exploitation Crimes,’ by Joe Roubicek

‘Marked for Destruction,’ by John Caravella

CA: Elder Cases Drop Under AG Jerry Brown

Attorney General Jerry Brown’s office has dismissed an increasing number of criminal cases against defendants suspected of elder abuse, while cutting back on surprise inspections to investigate violence and neglect in nursing homes.

A California Watch review of elder abuse prosecutions found Brown’s office in sharp contrast with his predecessor, Bill Lockyer, who made such cases a top priority in his two terms. In addition to dismissing abuse prosecutions already in motion, Brown’s office has filed fewer new cases per year than Lockyer’s office did.

Full Article and Source:
Elder Abuse Cases Drop Under Jerry Brown