Archive for the ‘Guardianship abuse’ Category

Woman Accepts Plea Deal In Theft From Elderly Mother

October 12, 2013


BARTOW | A 43-year-old woman accepted a plea deal Tuesday on charges of stealing more than $40,000 while acting as her mother’s court-appointed guardian.

Diana Copley pleaded guilty to exploitation of an elderly person. Her sentencing is set for Nov. 12.
If Copley repays $36,922 in restitution by the time of her sentencing hearing, she is expected to receive 120 days in jail followed by three years of probation, according to the plea agreement.

If she does not repay the amount, Copley is expected to receive about a year in jail followed by three years of probation.

Copley was arrested in November 2012 after investigators say she took money from her mother, Virginia Rieke of Lakeland.

In October 2008, a judge wrote that Rieke, who at the time was 76, needed a guardian because she was “totally incapacitated.”

Stephen R. Menge, an investigator with the State Attorney’s Office in Bartow, wrote in a complaint affidavit that Copley abused her position as guardian and financially exploited her mother.


Full Article and Source:
Woman Accepts Plea Deal In Theft From Elderly Mother

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Astor swindler Anthony Marshall’s ‘sick’ ploy in bid to go free

September 2, 2013
SMILE! Evidence photo from DA showing Anthony Marshall was well enough to attend a black-tie gala at the Intrepid Sea, Air, and Space Museum in Manhattan last February at the same time his lawyers were arguing he was too sick and frail to go to prison.
 

The octogenarian aristocrat who swindled his philanthropist mother, Brooke Astor, out of $185 million claims he is too sick to serve out his prison term — but Manhattan prosecutors aren’t buying it.

Anthony Marshall, 89, hasn’t provided medical documentation to back up his sob story and was even partying on the Intrepid right before he was sent away, prosecutors claim.

The Parkinson’s suffering fraudster — who has served fewer than two months of his 1- to 3-year sentence — will go before a parole board tomorrow to determine whether he’ll be released on medical grounds from Fishkill Correctional Facility.

Marshall’s medical claims can’t be substantiated as he hasn’t turned over sufficient medical records despite repeated requests, wrote Manhattan Assistant District Attorney Elizabeth Loewy in a seven-page letter sent to the Department of Correction on Aug. 14..

But his attendance at a party last February suggests he isn’t doing too badly, the prosecutor argues.

“Marshall was well enough to attend a black-tie gala at the Intrepid Sea, Air, and Space Museum in Manhattan,” she wrote. She even included a picture of the wheelchair-bound con smiling in a tux as his wife, Charlene, stands behind him. The lavish dinner party for 600 guests celebrated the construction of the ship Titanic II, the letter states.

“Mashall’s ability to socialize to this extent, at about the same time defense counsel and Dr. Franklin were describing his condition in such dire terms, is certainly relevant to the determination whether releasing him at the outset of his prison term would undermine the public’s respect for the law,” she wrote.

She adds that Marshall’s age shouldn’t be a factor in considering his release especially given that his own mother was 102 years old and in the throes of Alzheimer induced dementia when he robbed her blind.

 

Full Article and Source:
Astor swindler Anthony Marshall’s ‘sick’ ploy in bid to go free

See Also:
Final Curtain for Anthony Marshall’s Plea for Freedom

Marshall’s Criminal Trial

Mrs. Astor Regrets

Too Sick for Court?

D.C. lawyer gets harsher penalty for lying in discipline hearings

July 16, 2013

A lawyer who convinced a District of Columbia bar discipline hearing committee that she was truthful about events from several years earlier had less credibility in a subsequent hearing by the Board on Professional Responsibility and ultimately, on Thursday, when the D.C. Court of Appeals upheld the Board.

Stephanie Y. Bradley’s “intentional falsehood” turned out to be an aggravating factor for the board’s decision, upheld by the appeals court (PDF), to suspend her from the practice of law for two years.

The initial hearing committee, though believing Bradley’s explanation on some key points, had found her ethical lapses sufficient to recommend 90 days. She had previously received three formal admonitions.

The suspension concerned Bradley’s failures as a court-appointed guardian for two persons. From 1999 until 2004, she represented the interests of a man with developmental disabilities who was hospitalized with head trauma, until she could have him moved to a nursing home; and from 1999 until 2004, she represented the interests of an elderly and infirm woman.

Though claiming she regularly visited the man at the nursing home, Bradley was shown to have largely ignored him for nine years, having filed only three of the required semi-annual reports with the superior court and ignoring calls and letters from the man’s family in Texas, who wanted to move him closer to them. In 2004, the family got another lawyer to initiate the move and filed a bar complaint against Bradley.

While guardian for the woman, Bradley failed to prevent a purported family friend and caretaker from embezzling between $200,000 and $250,000 from her bank account and failed to file for a payout from a life insurance policy and for a civil-service lump sum benefit due the woman.
In 2003, another lawyer represented the woman in removing Bradley from her care, then sued Bradley and recovered more than $400,000.

Full Article and Source:
D.C. lawyer gets harsher penalty for lying in discipline hearings

2001 Then…2013 Now and a "System" still allowing people to work the scam called Guardianship!

July 6, 2013
 

Guardianship abuse has serious implications: Study

June 27, 2013

RIYADH — Men who exercise absolute control over the rights of women are considered one of the detrimental problems facing Saudi society, according to a new study.

This tendency represents the harshest form of injustice against women with psychological repercussions.

Despite the advice of the Holy Prophet (peace be upon him) to Muslims to be kind to their women, some male guardians hold an uncompromising attitude toward women under their care, be they their daughters, sisters or wives, without any justifiable reasons. Such intransigence demoralizes women and results in the loss of their financial rights, the study points out.

Some women continue to suffer from the abuse of their fathers or brothers who refuse them permission to marry, to work, or even to continue their education.

Some of these guardians may agree to some matters that concern women, but often in return for something. Women are sometimes forced to forfeit their salaries to achieve what they desire.

It should be stressed that in Islam a guardian should not exceed his rights and inflict harm upon a woman.

The judicial system states that if a guardian is abusive, the judge has the right to relieve him of his guardianship.

Fatimah Saleh, an elementary school teacher, said her father was very intransigent and rejected her suitors, claiming all those who had proposed to her were unsuitable. She is now 45 years old, and no one is proposing to her anymore.

After her father died, her brother followed in his steps for the sake of her salary, as she has become an ATM cash dispenser for him.

Full Article and Source:
Guardianship abuse has serious implications: Study

Final Curtain for Anthony Marshall’s Plea for Freedom

June 25, 2013
 
Anthony Marshall being consoled by his wife,
Charlene, after sentencing.

The final curtain in Anthony Marshall’s quest for freedom came down Friday after a judge ordered the 89-year-old to begin his one to three-year prison sentence. Marshall was found guilty in 2009 of grand larceny. The victim was his own mother, famed New York socialite and philanthropist Brooke Astor. The person who first sought to have him removed as Brooke Astor’s guardian was his son, Philip Marshall.

It’s an unfortunate ending to a legacy lasting several generations that began with the nation’s first multi-millionaire, John Jacob Astor, continued through the Titanic disaster, and included the philanthropy of Brooke Astor. She donated money to help not only the famous libraries, art museums and concert halls of New York, but also supported settlement houses to help keep teenagers out of gangs.

Marshall’s plea for a retrial was denied Thursday and his court appearance on Friday was for sentencing. When Justice Kirke Bartley gave him the opportunity to speak, he declined. His lawyers, Kenneth Warner and John Cuti, used poor health and age to try to keep him out of prison. Marshall is in a wheelchair, has Parkinson’s disease and congestive heart failure, is on medication, and needs help getting dressed. That did not sway the judge who added that he took no pleasure in doing his duty. Marshall’s friend Francis Morrissey, Jr., an attorney who was convicted of helping Brooke Astor’s son steal from her by forging her signature on an amendment to her will, began his prison sentence on Thursday.

Full Article and Source:
Final Curtain for Anthony Marshall’s Plea for Freedom

Linda Kincaid Reports: Shameful abuse of Gary Harvey: Disabled veteran in Chemung County, New York

March 13, 2013

 Gary Harvey received a special treat for his birthday on February 27, 2013. On that day, and only on that day, Gary’s wife was allowed to kiss Gary on the cheek two times. Gary’s wife was also allowed to hold his hand for five minutes.

Gary is not a criminal. Neither is his wife, Sara Harvey. Gary is a disabled adult.

In 2006, Gary suffered a head injury that left him in a vegetative state. Gary is completely dependent on caregivers for all of his care. Gary’s wife, Sara, was by his side at the facility for months. Sara became trained on Gary’s care and made arrangements to bring him home.

In 2007, the Chemung County Court placed the Public Guardian in control of Gary’s life. In a story familiar to many victims of the court system, false allegations were made against Sara. Lacking the legal savvy to navigate a hostile court environment, Sara lost all voice in Gary’s care.

Full Article & Source:
Shameful abuse of Gary Harvey: Disabled veteran in Chemung County, New York

See Also:
Gary Harvey Series: In Darkness & Isolation

Chemung county continues persecuting Sara and Gary Harvey

Still Troubled by Terri Schiavo’s Death, but Inspired Too

Terri Schiavo Life & Hope Network

Terri Schiavo’s Brother, Bobby Schindler, Petitions Court to Intervene in Guardianship Case

The Dictators of Non-Compassion: Gary Harvey Case and the Unexpected Twist

Linda Kincaid Reports: Guardianship in DC is all about the money

January 16, 2013

Ninety-one year old Jenny Horace is the face of “guardianship” in Washington, DC. Jenny is not allowed to see her daughter. She is held prisoner in her own home. Her refrigerator is kept locked, and she is only allowed to eat at the convenience of her “guardian.”. Jenny’s daughter Laura Francois-Eugene contributed the following comments.

It’s all about the money!

My 91-year-old mother, Jenny Horace, has been in decline for the past few years. Hence, my daily habit of visiting her home in Washington, DC after I get off work at 4:30 p.m. I often put in 10- or 12-hour days as a Program Manager for the federal government, and wouldn’t mind going straight home at the end of my shift. But I like to check-in on my mother first, and make sure she has enough food on hand, and tend to anything else she may need.

Usually these visits are a matter of routine. I have a key to the front door, let myself in and typically find her in the kitchen eating a light dinner she’s prepared, or snoozing in the glare of her living room TV set, or perhaps even in bed.

But the evening of Thursday, April 26, 2012 was different. Significantly, upsettingly different.

I arrived shortly after dusk at 6 p.m., parked on the street in front of my mother’s home, strode up the short walkway to the front door and slipped my key into the lock. But the door did not open.

Strange. It opened just fine exactly 24 hours earlier at the time of my prior visit. But it failed to open on this occasion because between then and now, a court-appointed conservator – a person my mother had never met nor approved, yet who’d been given complete legal power, authority and control over my mother’s life, medical care and financial assets – had the locks changed on the home in an attempt to bar my mom from seeing me.

The conservator’s name is Christina Forbes, a local D.C. attorney.

Full Article & Source:
Guardianship in DC is all about the money

What ‘IF’: Perceptions & Weapons

October 10, 2012

Dana turned, pushed past a young employee, and walked back into the clothing store all bristled and ready for a fight. How dare that middle age woman challenge her honesty?

Approaching the counter, Dana began telling the surprised woman just what she thought of her and it wasn’t too awfully nice. She suggested she get new glasses and that she better know what she was talking about before accusing her of anything. Just who did she think she was? She was nothing but a low-life clerk that couldn’t get a better job if it was handed to her.

Another woman rushed over and tried to indicate she thought there must be a problem. Dana rudely and fiercely shook her finger at the target of her fury. “That woman. That woman dared to accuse me of stealing.”

“What?” The intercepting woman exclaimed? “You think she accused you of stealing? You misunderstood.”

“No, I didn’t,” the red-faced young woman continued to scream. “Don’t try to protect this stupid, irrelevant change collector.”

The mediator abruptly stepped back and eyed Dana with disgust. “That’s enough. It’s time you leave.”

Still lost in her fury, she exclaimed, “Me leave? I’m the customer. She better not be here when I come back.”

“I don’t think you understand. You are no longer welcome here. Do not come back.”

“What? You’re taking her side over mine? I’m the customer and she is nobody and this ignorant nobody accused me of stealing.” Dana continued screaming and pointing her finger at the focus of her anger. “And don’t try to defend her. She said I was the one that had the blouse.”

“The woman you are so rudely and wrongly insulting, happens to be the owner of this and many other stores. Secondly, if you had paid attention, you would have noticed that we have a promotion going on. The first person to try on a particular blouse was to be the winner of $500 merchandise and dinner out. You were that winner. She was indicating you were the one that won.” The impatient manager responded. “If you had paid attention to what was going on around you and listened to what was actually said, we would all be celebrating your win. Instead, you reacted inappropriately based upon a false perception. Worse, you refused to listen when I tried to clarify and instead went on reacting to what you wrongly thought happened at the hands of this lady you viciously attacked with your false accusations and wrongful insults.”

The incident above is a composite of things I have seen in life and meant merely as an example to make a point. People do tend to react to what they think they know… what they think they saw… what they think they heard… rather than what actually transpired. They just don’t always make it so obvious and they don’t always get called on it. Sometimes, it is a pack thing, with everyone responding to the same incorrect belief. It’s never right and it is never good.

I’ve often written about the Sara and Gary Harvey case. It’s an ongoing saga that has its ups and downs as to the intensity of wrong that is transpiring and it always leaves me feeling like the woman who rushed over and kept trying to explain there was a misunderstanding and that the reaction has been to a false perception, rather than to what was actually taking place. You see, like Dana, those who should be slowing down and taking a good look at what is going on — seem too busy reacting to a wrongful perception and closing all else out. Some simply will not listen. Some simply will not consider they made a mistake. Some simply seem to feel the woman behind the counter is a nobody that freely deserves all their anger and insults. Sometimes though, the nobodies aren’t the bad guys they are assumed to be. Sometimes they are, instead, actually somebodies who were merely trying to do something good for someone else and that good got misunderstood and blown out of portion and into a rage that never should have been. Sometimes those nobodies, that are actually somebodies, are people like Sara Harvey, who were wrongly labeled by someone like our story’s Dana. The difference is… in our story… someone was there to defend and clarify. In actual life, those wrongful labels sometimes never get shaken and too often all (or most) things to follow are reactions to those inaccurate perceptions that continue to define all that happens.

Full Article and Source:
What ‘IF’: Perceptions & Weapons

Greed and Corruption Cause Heartbreak in Elder Abuse Cases

September 6, 2012

It has been awhile since my last article on the serious issue of law guardian abuse. The problem has never gone away, and the fact is that it still persists nationwide. I was moved to remind everyone about the hardships and horrors of people who are caught up in this. Those who perpetrate these unfair and illegal actions often have their actions overlooked, or even approved by the judges who are supposed to be protecting the rights of all citizens.

Having written mostly about the Dorothy Wilson case where, as per federal statutes, she was illegally removed from her home of sixty-plus years, my personal knowledge in other cases was limited. Since writing the other articles in this series, I have been contacted by more victims who are also enduring what Dorothy’s daughter, Diane, had to suffer through. Law guardian abuse against the elderly and the emotionally or physically handicapped is a much broader problem than the average person is aware of. If you are knowledgeable of any person in this predicament, sitting back idly while this is occurring makes you no better than the NYS Judicial Commission, Senators, attorney generals, the mainstream media, and everyone else that Diane pleaded with for help.

Full Article & Source:
Greed and Corruption Cause Heartbreak in Elder Abuse Cases