Showing posts with label exploitation. Show all posts
Showing posts with label exploitation. Show all posts

Wednesday, March 30, 2016

Senate passes Valesky-sponsored elder financial abuse legislation

Editor's note: Your ProbateShark believes this well-meaning legislation would never work in the fertile corrupt atmosphere of the Probate Court of Cook County.  That court system is set up to squeeze the life's blood from helpless, disabled, aged and dying.  Lucius Verenus, Schoolmaster, ProbateSharks.com

 

Senate passes Valesky-sponsored elder financial abuse legislation

David J. Valesky
David J. Valesky
Legislation sponsored by Senator David J. Valesky (D-Oneida) protecting seniors from financial abuse passed the Senate on March 22. The bill would authorize banks to refuse any transaction of moneys if a banking institution, social services official, or law enforcement agency reasonably believes that financial exploitation of a vulnerable adult is occurring.
Persons over the age of 65 are the fastest growing segment of the American population. While senior citizens constituted only 4% of the total population in 1900, by 1994 the proportion of seniors in the united States had grown to 12.5%. By 2050 almost 25% of all Americans will be over age 65.
Evidence suggests that there may be a surprisingly high percentage of senior citizens who are, either intentionally or unintentionally, mistreated by family members or institutional caregivers or who, of their own volition, are neglecting their own basic custodial needs. This maltreatment can take many forms, ranging from physical and psychological abuse to neglect to financial abuse and exploitation. The loss of one’s financial assets can have a severe long-term impact on a senior’s well-being and quality of life. Data obtained by the New York State Office of Children and Family Services project a surge in the number of cases of financial abuse by the year 2030, with nearly 200,000 incidents predicted to occur.
In order to combat these rising trends and to protect even more elderly individuals from becoming future victims themselves, Sen. Valesky proposed legislation that would authorize banks to refuse suspicious transactions.
“We are seeing increasing incidences of elder abuse, and we must do all we can to stop this disturbing trend,” Sen. Valesky said. “This bill will establish a new protection for our elderly citizens and give law enforcement officials an additional tool to pursue and prosecute those who would take advantage of and harm adults who are unable to protect themselves.”
Financial elder abuse manifests itself in many ways. Often, the perpetrators are family members of or have a close relationship with the victim, who may depend on them for care, depressing the number of reported cases. If you or anyone you suspect may be a victim of abuse, contact the authorities or call Vera House’s 24-hour crisis hotline at315-468-3260.

Thursday, February 11, 2016

It is now quite clear that the IARDC is in league with the miscreants


To: Illinois Attorney Registration and Disciplinary Commission
Copy:  United States Department of Justice
From: Ken Ditkowsky
Date: Feb 10, 2016
It is now quite clear that the IARDC is in league with the miscreants who are actively engaged in the elder cleansings of senior citizens and disabled people as all attempts to get the IARDC to engage in calling for an HONEST INVESTIGATION have failed.   In fact the IARDC has suspended Ms. JoAnne Denison and me for making such a call.   Rule 8.3 and 18 USCA 4 require persons who lack political clout to report these felonies to law enforcement, however, unilaterally Mr. Larkin and those individuals (including attorneys ostensibly working for the IARDC) in violation of 18 UsCA 371 and 18 USCA 242 have engaged in a serious cover- up and violation of core civil rights of those persons who comply with 18 UsCA 4 and other Federal statutes.
The Seth Gilman case has been cited as another clear example of the favoritism that prevails in Illinois and in particular the IARDC.
As the victims are all persons who are entitled to protection under the Americans with Disabilities act (title 2) and abuse, exploitation, deprivation of civil, human and property rights are not REASONABLE ACCOMMODATIONS a copy of this complaint letter is forwarded to the Department of Justice.   (the other reporting e-mails have also been forwarded)
Please let this e-mail be a complaint against Jerome Larkin and every attorney employed by the IaRDC who has engaged in the cover-up of this elder cleansing scandal and the corruption of the Courts by corrupt judges, lawyers, and others.    (This includes the cover-up of Judge Connor's evidence deposition in which on page 90 and following she admits to being 'fixed.')
The following article appeared in September 2015 and relates to the Gillman case.  
Exclusive: Passages Hospice Was ‘Corrupt To The Top,’ Says Former Employee
September 28, 2015Politics and Law, Society and CultureNo Comments
BY DANIEL GAITAN | daniel@lifemattersmedia.org
Denise Brunson only lasted a year and a half at Passages Hospice as a certified nursing assistant.
During her short time there, however, she witnessed what the FBI calls “an extensive scheme” to obtain higher Medicare payments by fraudulently providing hospice services to seniors who did not qualify for the care.
Brunson said she and other co-workers were “bullied” by higher-ups and told not to ask any questions. “In the middle of you speaking with them about your concerns, BAM you’re fired,” Brunson told Life Matters Media. “I always had something to say.”
Passages Hospice Founder Seth Gillman. Honorable Mention in the 2013 Torch Awards for Marketplace Ethics, hosted by the Better Business Bureau. YouTube.
Passages Hospice Founder Seth Gillman. Honorable Mention in the 2013 Torch Awards for Marketplace Ethics, hosted by the Better Business Bureau. Image credit: YouTube.
Partial owner Seth Gillman, 46, who founded the Lisle, Illinois-based for-profit company in 2005, was first charged in 2014 with health care fraud and conspiracy to defraud the government.
Fraud charges were later brought against Gwen Hilsabeck, who served as co-administrator; Carmen Velez, who served as director of clinical services and director of nurses for the Chicago region; and Angela Armenta, who served as director of certified nursing assistants for the Chicago region.
They were all released on bond and pleaded not guilty. Their trial is set for Feb. 16, 2016, an official with the Department of Justice told LMM.
From 2008 to 2009, Brunson said she was responsible for driving to various nursing homes across northeastern Illinois and providing hospice care services to patients. Brunson said Passages would “butter” nursing homes with baseball tickets, bonuses, “whatever you want” to make them more willing to accept Passages’ services. Passages did not operate its own inpatient facility, instead deploying clinicians to nursing homes and private residences throughout the Midwest.
Between 2008 and 2012, the FBI maintains that Gillman, Hilsabeck and Passages allegedly paid bonuses to nursing directors and certified nursing assistant directors to increase the number of patients receiving general inpatient hospice care. In 2012, Medicare’s daily reimbursement for general inpatient care was $671.84; the daily payment for routine care or home care was much lower, $151.23. Some patients may not have needed anything.
Hospice care is usually reserved for patients with a life-expectancy of six months or less.
“A lot of my patients really didn’t need to be on hospice,” Brunson said. “A lot of the patients that I had didn’t need to be on continuous care, and they would just shove me in there.”
It was common, Brunson said, to spend nights treating healthy patients and then be called to work the day shift in the morning.
Read the FBI's complaint
Read the FBI’s statement
“They never cared about giving us any time to sleep.” Following a night shift, Brunson said she was unexpectedly fired by Armenta for complaining about back pain. Turnover was “extremely high.”
Brunson’s claims were echoed by another former employee who asked not to be named as she continues to work in a similar industry.
“I left the company a few months before the indictment, after I couldn’t ignore my gut,” she said. “I was in the dark about the fraud, but I knew deep down I couldn’t be a part of that company anymore. I was appalled to find out how many people were involved in the deceit.”
Brunson said she only met Gillman once, during a “schmooze and groove” party between his many vacations. She hopes Gillman and Armenta are held responsible for their alleged actions.
“They had people working for them undercover somehow that would come into the facilities to spy on you,” she said. “People would come in, literally, and follow me around, ask me questions to see what I knew and what I didn’t know. It was ridiculous.
- See more at: Exclusive: Passages Hospice Was 'Corrupt To The Top,' Says Former Employee - Life Matters Media 


image





Exclusive: Passages Hospice Was 'Corrupt To The Top,' S...
Denise Brunson only lasted a year and a half at Passages Hospice as a certified nursing assistant.
View on www.lifemattersmedia.org
Preview by Yahoo

It should be noted that health care fraud is in the billions of dollars and this is not a victimless crime  - health care costs have a 700% fraud surcharge.  People such as Jerome Larkin who aid and abet this massive fraud with their cover-up are culpable.   A good citizen reports criminal activity and the report of public officials and judges who engage in criminal activity is NOT akin to yelling fire in a crowded theater as Larkin argued before the Supreme Court of Illinois.
Ken Ditkowsky
www.ditkowskylawoffice.com

Saturday, November 28, 2015

Financial Abuse of the Elderly: Sometimes Unnoticed, Always Predatory


Photo


Mariana Cooper, 86,with her granddaughter, Amy Lecoq, 39. Ms. Cooper was bilked out of much of her savings by someone she considered a friend. CreditRuth Fremson/The New York Times

It was only after Mariana Cooper, a widow in Seattle, found herself with strained finances that she confessed to her granddaughter that she was afraid she had been bilked out of much of her savings.

Over three years, Ms. Cooper, 86, had written at least a dozen checks totaling more than $217,000 to someone she considered a friend and confidante. But the money was never paid back or used on her behalf, according to court documents, and in early November the woman who took advantage of Ms. Cooper, Janet Bauml, was convicted on nine counts of felony theft. (She faces sentencing on Dec. 11.)
Ms. Cooper, who lost her home and now lives in a retirement community, is one of an estimated five million older American residents annually who are victimized to some extent by a caregiver, friend, family member, lawyer or financial adviser.

With 10,000 people turning 65 every day for the next decade, a growing pool of retirees are susceptible to such exploitation. As many as one in 20 older adults said they were financially mistreated in the recent past, according to a study financed by the Justice Department.
Continue reading the main story

MORE INFORMATION ON FINANCIAL ABUSE

To help older people, families and friends should be on the lookout for some of the warning signs of financial abuse. These include not being able to cover normal expenses; paying for excessive, unexpected gifts to others; and signing over power of attorney or transferring property to unrelated individuals. 

To learn more about protecting the savings of the elderly and helping them avoid being exploited financially, these publications are worth reading:

Traditionally, such exploitation, whether by family, friends or acquaintances, often has been minimized as a private matter, and either dismissed with little or no penalty or handled in civil court.
Even when the sums are large, cases like Ms. Cooper’s are often difficult to prosecute because of their legal complexity and because the exploitation goes unnoticed or continues for long periods. Money seeps out of savings and retirement funds so slowly it draws attention only after it is too late.
Ms. Cooper, for example, wrote her first check, for $3,000, in early 2008, and later gave Ms. Bauml her power of attorney. In early 2012, after Ms. Cooper realized that Ms. Bauml was not going to repay her in time for her to afford a new roof for her house, she told her granddaughter, Amy A. Lecoq, about the checks. She later called the police.
Ms. Bauml maintained that Ms. Cooper gave her money for services she provided as a home organizer or as loans.
Later, testing by a geriatric mental health specialist found that Ms. Cooper had moderate dementia, which showed her judgment had been impaired.
The diagnosis “helped the jury to understand why she would keep signing all these checks to this woman as loans when she was never being paid back,” said Page B. Ulrey, senior deputy prosecutor for King County, Wash., who pressed the case against Ms. Bauml.
The case was challenging in part because Washington State does not have an elder abuse statute, said Ms. Ulrey, who is one of a small but growing number of prosecutors around the country with the specific duty of prosecuting those who take financial advantage of elders, whether it is connected to investments, contracts or other fraud.
As the number of complaints grows, more municipalities are trying to combat such abuse, which is often intertwined with physical or sexual abuse, and emotional neglect.
Some organizations also have set up shelters, modeled on those for victims of domestic abuse. In the Bronx, for example, the Weinberg Center for Elder Abuse Prevention at the Hebrew Home in Riverdale started such a shelter in 2005. Since then, 14 other such shelters have been opened in various long-term care operations around the country to deal with urgent cases of financial abuse.
One such woman, who agreed to talk only if she was not identified by her last name, stayed at Riverdale after she was threatened with eviction. A neighbor discovered that the woman, a 73-year-old widow named Irene, had not paid her rent in six months because relatives living with her had been withdrawing money from her account and leaving her short of funds.
“I had to leave with one small suitcase,” Irene said. “They were abusing me.”
She was later able to move to federally subsidized housing away from the abusive situation.
To help elders in financial and other distress, more municipalities, using federal funds, are training law enforcement officers, prosecutors, and social workers how to spot the sometimes subtle signals that may indicate someone has been swindled.
“We see many cases where someone convinces an older person to give them the power of attorney, and then uses that authority to strip their bank accounts, or take the title of their home,” said Amy Mix, a lawyer at the AARP Legal Counsel for the Elderly, which works with the Adult Protective Services division in the District of Columbia government as well as the city’s police department.
In the most recent fiscal year, 934 cases of abuse were reported in Washington. About one-quarter of those were financial exploitation, according to Sheila Y. Jones, chief of Adult Protective Services. “And they involve millions of dollars,” she said.
But many cases are not counted officially because older people are reluctant to pursue legal remedies against relatives and friends. Louise Pearson, 80, a retired government computer analyst, declined to press charges against a security guard in her building who had befriended her and later obtained $30,000 from her savings.
“There was something about him you just had to take to,” Ms. Pearson said.
When she finally asked Malika Moore, a social worker at Iona Senior Services in Washington, for some assistance with her shaky finances, the social worker realized that the situation was serious.
One clue, she said, was that, “When I opened her refrigerator, it was empty.”
Ms. Moore was able to get Ms. Pearson home-delivered meals, and after the bank confirmed that she was missing savings, help to find a conservator to handle her money. Ms. Pearson, who now lives in a housing complex for the elderly, said, “I get money whenever I need it, and more than I did before.”
In Seattle, Ms. Cooper’s granddaughter expressed determination to educate others on the warning signs of financial abuse. “I wish we had known some of the red flags,” she said.
But even though she’s a trained social worker, it’s not surprising she missed the signs. She was deeply involved in caring for her mother, Ms. Cooper’s daughter, who was fighting cancer and died shortly before the period when her grandmother was writing the checks.
“Our family saw her regularly,” Ms. Lecoq said, “but we just didn’t see indications of what was going on.”
In retrospect, she might have been more suspicious with “my grandmother suddenly having a new friend and a friend who got so close so fast.”
Once Ms. Lecoq and her husband, John, recognized what had happened, they pushed for prosecution. Ms. Ulrey, the prosecutor, said the case required medical tests and search warrants for both the victim’s and the suspect’s financial accounts.
Ms. Cooper was unable to recover her lost money and worries about how long she will be able to pay for her retirement home. “She’s ashamed and embarrassed and feels guilty,” Ms. Lecoq said of her grandmother. “But I tell her: ‘You were a victim of a crime.’”
Correction: November 27, 2015 
An earlier version of this article rendered incorrectly the surname of Mariana Cooper’s granddaughter. She is Amy A. Lecoq, not LeCoq.
An earlier version of this article misstated the period of time when Amy A. Lecoq was caring for her mother. Her mother was fighting cancer and died shortly before her grandmother began writing checks to Janet Bauml.