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Showing posts with label financial exploitation. Show all posts
Showing posts with label financial exploitation. Show all posts
Marisa Kwiatkowski, marisa.kwiatkowski@indystar.com 9:19 a.m. EST January 17, 2016
In a matter of months, a caregiver wiped out an Indy woman’s savings.
Julie Lagos swiped an Indianapolis woman’s credit cards to pay for tattoos, body piercings, a 60-inch TV, furniture rentals and a racing vehicle for her boyfriend. Lagos even charged the filing fee for her divorce to the 79-year-old’s Chase card.
All in all, Lagos was accused of spending more than $150,000 of the older woman’s money. Perhaps even more disturbing was their relationship: Lagos was hired to be the woman’s caregiver.
In a matter of months, Lagos had turned her client’s savings into her personal playground.
But it would take a year and a half to file criminal charges — and many cases never get that far.
Indiana’s underfunded and understaffed Adult Protective Services system is so swamped that it struggles to investigate all but the most egregious and clear-cut cases of financial exploitation, an IndyStar investigation has found.
Multiple officials told IndyStar that financial exploitation cases, which are among the most complex and time-consuming to investigate, often sink to the bottom of a priority list when APS investigators are facing allegations of horrific abuse or neglect.
Officials in one APS unit told IndyStar they have open financial exploitation cases that are up to seven years old. The victims are safe, they say, but investigators haven’t had time to pursue criminal charges.
That problem is expected to get worse. The number of financial exploitation cases in Indiana rose 33 percent in the past decade, according to Michael Patterson, executive director of Indiana APS.
“It’s going to be a drain on our resources if we don’t get a handle on it,” he said.
The National Adult Protective Services Association estimates that 1 in 10 victims of financial exploitation ends up on public assistance, such as Medicaid. Research indicates victims also are more likely to be hospitalized and more likely to move into nursing homes.
Indiana saw 1,277 financial exploitation cases involving elder adults in 2010 alone, compared with just 110 bank robberies, according to state records. Bank robberies that year resulted in losses of less than $1 million. Financial exploitation: $38 million.
Nationally, older adults lose about $2.9 billion each year through financial abuse and exploitation, according to a 2011 MetLife Study of Elder Financial Abuse.
Demographic changes are behind the numbers. First, the population is aging. And, second, pensions have become less popular, meaning retirees handle more of their own savings.
“It’s a tempting target: declining health plus money,” said Orion Bell, president and CEO of CICOA Aging and In-Home Solutions.
Legislators are considering several bills that would make it easier to investigate and prosecute financial crimes. But prosecutors say APS needs more investigators to handle the cases it has now, let alone those coming from the “silver tsunami” of aging baby boomers. ‘You’ll have to talk to Julie’
Lagos met her client, a woman with dementia, while working for a home care company in the Indianapolis area, Marion Superior Court records state. When the company went out of business, the woman asked Lagos to continue to provide services through a private agreement.
In 2009, the client’s power of attorney agreed to pay Lagos $200 for three visits per week. She helped with the woman’s personal care, grocery shopping, house cleaning and errands.
About a year later, in June 2010, the elderly woman opened a new Bank of America credit card. Lagos was added as an authorized user in August.
In one month, the Indianapolis woman’s credit card balance ballooned from zero to $19,175.20.
A Bank of America fraud analyst called Lagos, who said she was the older woman’s caregiver. Then she provided a fake address.
The analyst also reached out to the cardholder to ask about the large purchases. The woman told the analyst she didn’t know anything about the transactions but said she wanted Lagos on the account.
She started to cry.
Don’t call again, she told the analyst.
The analyst called Indiana Adult Protective Services on Oct. 12, 2010, to report suspected financial exploitation.
The next day, APS investigator Joie Davis visited the 80-year-old woman, who cracked the door open, the chain lock still attached. Davis flashed a badge and ID.
“You’ll have to talk to Julie,” the woman said, quickly shutting the door. Davis knocked again, repeatedly, but the woman wouldn’t respond.
‘Outraged and appalled’
National research estimates that as few as 1 in 44 cases of financial exploitation ever come to authorities’ attention.
Some victims are too embarrassed or too proud to share what happened. Others have disabilities and are unable to speak for themselves.
Michelle Mayer, director of outreach services at the Indiana attorney general’s office, said she and her staff push prevention because there’s not much they can do once money is gone. They teach people, particularly adults who are older or vulnerable, how to recognize a scam and protect themselves.
“They trust individuals,” Mayer said. “They answer the door. They answer the telephone. They’re lonely. That might be the only telephone call they get all week, maybe all month.”
And many have money they’ve saved. They have retirement funds, or lots of cash on hand because they don’t trust banks.
In the Indianapolis woman’s case, Davis went back to the office and called the woman’s power of attorney, who was a cousin.
The cousin told Davis the 80-year-old had a Discover card and Chase Bank card, both with minimal balances. She knew nothing of a Bank of America card.
She told Davis she’d look into it.
Two weeks later, on Oct. 27, 2010, the elderly woman’s power of attorney called back. She told Davis she was “outraged and appalled” by what she’d found, court records state.
In addition to the hefty balance on the elderly woman’s Bank of America card, her Discover card was maxed out with a $13,366.98 balance. Her Chase card had a $19,782.18 balance. Her savings account, which had $79,671.68 in it in January 2009, had just $35.46 left.
Her checking account, fed by direct deposits from Social Security and retirement checks from the U.S. Civil Service, showed numerous checks written to Lagos. Two certificates of deposit, valued at $10,000 each, had been cashed.
The 80-year-old told Davis she didn’t have a Bank of America card. She said she had allowed Lagos to use one of her credit cards once, for Lagos’ son’s dental work, but hadn’t agreed for the caregiver to be an authorized user.
The woman also said she’d signed blank checks and trusted Lagos to fill in the correct amount for whatever bill or purchase she was making.
The elderly woman moved into an assisted living facility on the city’s south side.
In 2012, the Marion County prosecutor’s office charged Lagos with nine felonies: eight counts of theft and one count of exploitation of an endangered adult, court records state.
She pleaded guilty in 2013 to exploitation and one theft charge. She repaid only $6,557.96 of the money she took from her client, court records show.
The 46-year-old spent seven days in jail and 716 days on probation. Her felony charges were reduced to misdemeanors in 2014.
IndyStar was unable to reach Lagos for comment.
Editor's note: This Shark prays that soon some of the thieves running the Probate Court of Cook County may be sentenced. Lucius Verenus, Schoolmaster, ProbateSharks.com
Perry Co., MO coroner sentenced for theft, financial exploitation
Posted:
Dec 14, 2015 2:26 PM CST Updated:
Dec 14, 2015 2:54 PM CST
The Perry County coroner is accused of financial exploitation of a 94-year-old woman.
The Perry County coroner is accused of financial exploitation of a 94-year-old woman.
Both sentences will be served concurrently, but Herbert Miller was granted a suspended execution of sentence. He also received five years of supervised probation.
A jury found Miller guilty of theft and financial exploitation in October.
Miller was accused of writing checks totaling $80,600 as a power of attorney to himself on behalf of a 94-year-old woman with dementia and other cognitive disabilities.
The woman appointed Miller as her power of attorney in 2004.
Miller is still, by law, the county coroner.
According to Missouri State Statute 561.021, two things can happen in regards to Miller's position as the county coroner.
Miller may resign, or the county commission or prosecuting attorney will submit a letter to the attorney general requesting that Miller step down quo warranto. They would then file and the begin court proceedings for Miller to step down.
If a vacancy does occur, the county sheriff will step in until the governor appoints someone new to the position.
The Perry County Commission issued the following statement on Monday, Dec. 14 in regards to Miller's sentencing:
"The County Commission is actively communicating with the Missouri Attorney General’s office as well as working with our local prosecuting attorney, regarding the recent conviction of our County Coroner Herbert Miller, to take steps to resolve the matter of Miller’s elective office as soon as possible."
Editor's note: This Shark believes that Probate Court of Cook County officials avoid prison time by "Clout". They are free to exploit the helpless, handicapped and aged at will. Lucius Verenus, Schoolmaster, ProbateSharks.com
Perry County coroner avoids prison time in financial-exploitation case
Sunday, December 13, 2015 By Ben Kleine ~ Southeast Missourian
Herbert Miller appears before Judge Benjamin Lewis on Feb. 6 at the Perry County Courthouse. (Laura Simon)
Perry County Coroner Herbert Miller was sentenced to two seven-year sentences with the Missouri Department of Corrections on Friday in Perry County Court in Perryville, Missouri, to be served concurrently but was granted a suspended sentence and received five years of supervised probation.
Miller was convicted Oct. 16 of financial exploitation of an elderly or disabled person and theft of $25,000 or more. One of the conditions of Miller's probation is he must repay $80,600 in restitution for the amount of money he stole. If he violates his probation, he is in danger of going to prison.
Miller said he will remain Perry County coroner, the position he has held for 20 years to which he was re-elected in 2012. Missouri statutes require a person holding public office, elected or appointed, who is convicted of an offense to forfeit the office if the office holder is convicted of a felony or pleads guilty or nolo contendere to an offense involving misconduct in office or dishonesty. Those convicted of felonies are ineligible to hold any public office under Missouri's government.
The next election for Perry County coroner is in November.
Miller was given power of attorney by the victim in 2004, when she was 83 years old. She was diagnosed with dementia in 2008 and entered a nursing home.
Between 2011 and 2013, Miller wrote several checks from her account -- 78 to "cash" totaling $51,400 and another seven to Miller Funeral Home totaling $34,000. Miller testified in court the checks made to "cash" were used to buy items for the victim. Miller admitted to accepting gifts but none more than $200, and he added the victim always approved each payment, including those to the funeral home.
When the victim moved into the nursing home, she gave Miller and his wife, Kathleen, a trust that granted them $1,000 when the victim retired from the trust. Miller testified in court he was unaware he received $1,000 from the trust.
Dr. Mark Schabbing testified the victim suffered memory problems since 2000, which he attributed to normal pressure hydrocephalus. By mid-2013, the victim was out of money and $20,000 in arrears at the nursing home where she lived and applying for Medicaid, testified Greg Martin, who investigated the case while with the Department of Health and Human Services. Martin interviewed the victim and said there was no way she could have given a credible statement. The victim died in February 2014 at age 94.
Kathleen Miller also was named as an associate trustee, and she testified her relationship with the victim was close and refuted some of the claims about the victim's memory in court.
On Friday, several people testified on Miller's behalf, but no one testified on behalf of the victim, a Perry County Circuit Court official said. bkleine@semissourian.com (573) 388-3644
Editor's note: This Shark notes that the court sanctioned financial abuses of the Probate Court of Cook County would not be included into the WSJ article. Lucius Verenus, Schoolmaster, ProbateSharks.com
Abuse Plagues System of Legal Guardians for Adults
Allegations of financial exploitation and abuse are rife, despite waves of overhaul efforts
ENLARGE
Court-appointed guardians controlled much of 74-year-old Linda McDowell's life for 30 months. A judge ended the guardianship in 2014, and she now lives in her mobile home with her dog, Sam, much of her savings gone.PHOTO:STUART ISETT FOR THE WALL STREET JOURNAL
One day in March 2012, 71-year-oldLinda McDowellreceived a knock at the door of her small Vancouver, Wash., home. Ms. McDowell needed court-appointed help, the visitor told her.
It turned out that Ms. McDowell’s former housemate and companion had pushed for a court petition claiming Ms. McDowell was unable to take care of herself. The petition said Ms. McDowell had recently made an unsafe driving maneuver, had been disruptive in a doctor’s office and, in a recent phone call, had seemed confused over the whereabouts of some personal papers.
Based on the motion, a judge ordered an attorney to act as a temporary guardian with control over Ms. McDowell’s money and medical care. Ms. McDowell was also to pay for these services.
“I was shocked,” says Ms. McDowell, who once worked as a conference manager for the National Aeronautics and Space Administration before a second career in real-estate investing. “I had never met this person, and here she was telling me I basically belonged to her.”
The visit marked the start of a 30-month stretch in Washington’s guardianship system that upended her life and drained much of her $700,000 in assets. People involved in her case still disagree about whether Ms. McDowell ever needed a guardian. But by the time a judge decided that one wasn’t necessary, the value of her assets had dropped by about $470,000, much of which was spent on several guardians and related expenses, court and bank records show.
“My savings are gone,” says Ms. McDowell, now living in a motor home near Sequim, Wash., with her dog, Sam. “They took everything.”
For decades, states have granted courts the power to appoint guardians or conservators for elderly or disabled people unable to tend to their basic needs. Most appointed guardians are family members, but judges can turn to a growing industry of professional, unrelated guardians.
The caretakers’ authority varies by case and jurisdiction, but often they are granted broad authority over a ward’s finances, medical care and living conditions. Unlike a power of attorney, which one person can grant to another and revoke at any time, guardianship is established by a judge and can only be revoked by the court.
But guardianship systems across the country are plagued by allegations of financial exploitation and abuse, despite waves of overhaul efforts. As a result, critics say, many elderly people with significant assets become ensnared in a system that seems mainly to succeed at generating billings. “These laws which were designed to protect the vulnerable are being used against them to exploit them,” saysDr. Sam Sugar,founder of Americans Against Abusive Probate Guardianship, an advocacy group.
Because guardianship systems vary by state and county and record-keeping systems are inconsistent, precise national data is unavailable. But the roughly 1.5 million adult guardianships in the U.S. involve an estimated $273 billion in assets, according toAnthony Palmieri,auditor for the guardianship fraud program in Palm Beach County, Fla.
According to a survey on guardianship conducted last year by the Administrative Conference of the United States, a federal agency, 64% of the 855 judges and staff who responded said their courts had taken action against at least one guardian for misconduct-related issues in the previous three years.
ENLARGE
Ernestine Franks with her sons Charles, left, and Douglas, celebrating Easter in 2013. A dispute between the brothers prompted the court to name a legal guardian, who restricted the Frankses from visiting their mother.PHOTO:DOUGLAS FRANKS
Guardians across the country have faced prosecution for wrongdoing in the past year. In July,Stephen Grisham,a guardian in Minneapolis, was sentenced to a year in prison and ordered to pay restitution of nearly $160,000 after pleading guilty to stealing from his wards. He is “a very good person who made a horrible mistake,” says his attorney,Thomas Plunkett.
The problems are more urgent as aging baby boomers cause the population of seniors nearly to double by 2050, according to Census estimates. In New Jersey, the number of adult guardianships added annually increased 21% from 2009 to 2014, to 2,689 cases.
Guardians properly supervised by courts typically do a good job protecting elderly people from exploitation by acquaintances and others, saysCatherine Seal,a guardianship attorney in Colorado Springs, Colo., and president-elect of the National Academy of Elder Law Attorneys. “The worst cases that I see are the ones where there is no guardian,” she says.
In one case Ms. Seal handled several years ago, she says an elderly woman was befriended by a neighbor who persuaded her to buy a condo and include the neighbor’s name on the title. A year later, the neighbor had the woman transfer full ownership to her and moved in to the unit. After Ms. Seal was appointed conservator, she sold the condo and recovered the investment for the elderly woman.
Expenses that arise as a result of a guardianship, including lawyers for both the guardians and wards, typically get paid from the ward’s assets. (In some jurisdictions, there is a public guardian’s office that handles cases for indigent clients.) The financial arrangement, critics say, encourages lawyers and guardians to perpetuate guardianships indefinitely.
Brothers’ dispute
Charles andDouglas Frankssay that is what happened to them. As their 89-year-old mother grew increasingly frail, the brothers clashed over where she should live—close to Charles in New Orleans, as he wished, or in her own home in Pensacola, Fla., as Douglas wanted. In 2012, Charles says he followed the advice of a financial adviser and petitioned a state court in Pensacola to appoint a guardian to settle the matter.
Their mother,Ernestine Franks,had granted Douglas a power of attorney and signed advance directives designating him as her guardian if she were ever deemed incapacitated. But a probate judge nullified the power of attorney and appointed a professional guardianship company instead. “There seems to be a lot of conflict” involving the Franks brothers, said JudgeJan Shackelfordin the initial proceeding, according to a transcript. A judicial assistant says Judge Shackelford couldn’t comment on pending cases.
Soon after being appointed, the guardianship company, Gulf Coast Caring Solutions in Pensacola, suspended the brothers’ visits to Ms. Franks for three weeks and later permitted them for only a few hours at a time, citing their conflict. The brothers, who have since repaired their rift, say their relationship with the guardians quickly became contentious. As a result, the judge ordered that their visits with their mother be supervised by a monitor, who charges Ms. Franks $100 an hour.
Under guardianship, withdrawals from a $1.3 million trust set up to pay Ms. Franks’s expenses jumped to $297,000 in 2014 from $94,000 in 2011, when Ms. Franks mostly made her own financial decisions, according to documentation provided by the Franks brothers. More than $75,000 in 2014 went to lawyers for Gulf Coast, which has been embroiled in litigation with the Franks brothers over issues ranging from expenses to home-care providers. The company said in a court filing this month it was resigning as guardian and recommended the appointment of a successor. A new judge overseeing the case scheduled a hearing for November.
Gulf Coast and its attorneys didn’t respond to requests for comment. In court filings, the company accuses the brothers of harassing its caregivers and of unsettling their mother with the squabbling. Gulf Coast says that from the start, the brothers have “engaged in a relentless battle against the guardian” in an attempt to get the company removed and “regain control of their mother and her finances.”
Charles Franks says initially he thought seeking a guardian would be “a good thing.” Now, he says, “I am tortured by that decision.”
Ginny Casazza,president of the National Guardianship Association, says some critics of guardians’ fees don’t realize how time-consuming some duties are, such as accompanying wards to medical appointments. Many charges billed to a ward don’t come from guardians, she says, but from other professionals like lawyers—whose hourly rates are usually much higher than those of guardians.
Ms. Casazza says fee disputes can be minimized if guardians at the outset provide an estimate of their annual fees, as the NGA recommends. She also says the current inconsistency in fees—which usually are determined by what a court finds reasonable—could be addressed by establishing fee guidelines like those created in Arizona in 2012.
Guardianship expenses are usually filed to courts for a judge’s approval annually, though some guardians submit requests for approval of fees more frequently. The accountings vary in detail, but generally they include some breakdown of costs, such as food, prescription medication and travel to medical appointments.
Some legal experts say guardianship laws aren’t well-enforced by overworked judges in underfunded courts who too often rubber-stamp expense reports filed by guardians, or don’t crack down when the documents aren’t filed on time.
ENLARGE
Judges acknowledge they struggle to keep up with the rising flood of paperwork. Some, likeJean Stewart,a former probate judge in Denver, point fingers at state lawmakers who haven’t increased judicial budgets to address the problem. “It’s just plain manpower,” said Ms. Stewart, who recalled spending “many Sunday afternoons” reviewing guardianship reports.
In recent years, states have tried to stamp out abuses: From 2004 through 2014, legislatures passed a total of 292 bills addressing adult guardianship, according to the American Bar Association. Many states now screen the financial and criminal backgrounds of potential guardians and require guardians to post bonds at the outset of a guardianship to insure that a ward’s assets will stay protected.
Florida lawmakers this year added restrictions on suspending a power of attorney that a potential ward has granted a family member, and enacted a requirement that suspected abuse, neglect or exploitation by a guardian be reported to a state hotline.
And Texas passed a law this year believed to be the first in the U.S. to establish an alternative to guardianship known as “supported decision-making.” Under the model, disabled individuals voluntarily sign agreements with people who can help them make decisions on finances and other specific issues.
In 2011, the Washington state legislature added training requirements for prospective guardians and gave courts the authority to sanction a guardian if the guardian fails to file a required report or attend a hearing.
The changes weren’t enough to keep Ms. McDowell in Vancouver from a costly trip through guardianship.
In early 2012, Ms. McDowell and her longtime friend and housemateAnnette Snyderwere going through a difficult period in their relationship. Ms. Snyder had recently moved out of their shared home.
Petition filed
Ms. Snyder says she became concerned that an emotionally distraught Ms. McDowell would do something rash before they could settle their differences over their finances and possessions. She consulted a lawyer who suggested guardianship. Rather than file the petition under her own name and risk further stoking tensions with Ms. McDowell, Ms. Snyder asked a mutual friend to do it.
On March 8, 2012, a guardianship petition filed with the Clark County Superior Court claimed that Ms. McDowell had behaved erratically throughout much of the previous year. She recently had been admitted to a hospital for a small stroke, it alleged, but “became unjustifiably fearful, pulled out her IV, and left the hospital against medical advice.”
The court held a hearing that same day, after which Clark County JudgeScott A. CollierappointedKathleen McCann,an attorney, to become a temporary guardian. Ms. McCann was asked to investigate and offer an opinion on whether the court should appoint a longer-term caregiver.
On May 4, Ms. McCann advised that long-term care was needed. She submitted a report from a psychologist who said that Ms. McDowell displayed paranoia and “cognitive disorganization” and “impaired” reasoning ability. Ms. McCann didn’t respond to requests for comment.
ENLARGE
Legal documents in Ms. McDowell’s case. A former housemate had pushed for a court petition claiming Ms. McDowell was unable to take care of herself.PHOTO:STUART ISETT FOR THE WALL STREET JOURNAL
At the May hearing, the court-appointed lawyer for Ms. McDowell,James Senescu,appeared but didn’t oppose the petition for guardianship. Ms. McDowell says she stood up and tried to object, but to no avail. “My attorney said nothing, and the hearing was over in about three minutes,” she says. Mr. Senescu declined to comment.
Stacey Bollingerof Halo Guardianship Service Inc. was appointed her new guardian and remained so for nearly two years.
The bills piled up. Ms. Bollinger billed Ms. McDowell $332.50 to take her to breakfast, $95 for a one-hour birthday visit and $47.50 for a phone call on Thanksgiving, according to Halo Guardianship invoices filed with the court. Ms. McDowell was allotted a $500 monthly allowance. Over her objections, her house was sold, effectively forcing her into an assisted-living facility.
In early 2013, Ms. McDowell enlisted lawyer MarCine Miles to help her. Ms. Miles, who says she worked pro bono because her client didn’t have the authority to pay the fees, says there are still far too few checks on the system.
Guardians “hand their bills to a court, and the court just says ‘OK,’ ” she says. Judges “never seem to ask why it took a guardian three hours to look over a bank statement.”
Calls to the Clark County Superior Court administrator,Jeffrey Amram,weren’t returned.
Months later, Ms. Miles arranged for her client to move out of assisted living into her motor home, and in March 2014, she helped Ms. McDowell get a court order appointing a new guardian who might get along with her better.
Dorine Brightof Riverside Guardian Services Inc., who ended up working with Ms. McDowell for seven months, charged her thousands of dollars for a variety of tasks, including personal visits, mail “processing” and “marshaling assets,” according to Riverside invoices filed with the court.
Steve Turner, an attorney for both Ms. Bollinger and Ms. Bright, said that some of the assets that Ms. McDowell lost were actually owned by Ms. Snyder, including her house, which was jointly owned, and divided up as part of a separation. He said working through the separation required extra lawyers’ fees. He also said that many of the meetings and phone calls billed were made to discuss the separation with Ms. Snyder and to safeguard Ms. McDowell’s interests. “There was never any evidence that either Ms. Bollinger or Ms. Bright acted improperly in any way,” he said.
Of the nearly $300,000 in total cash expenses Ms. McDowell paid during the guardianships, more than half went to professionals, including lawyers and other “caregiver services,” according to bank statements and court records. At the end of the guardianship, Ms. McDowell was left with about $25,000 in cash, in addition to her motor home and a car.
In the summer of 2014, a court—at the urging of Ms. Miles—appointed an investigator to assess the situation. In September, he issued a report citing a variety of doctors and others who over the years of guardianship had examined Ms. McDowell and had attested to her relative well-being. The report included input from a social worker who in March 2013 said that while Ms. McDowell had been “labeled with Dementia by her caretakers and the court,” he had seen no impairment in “her level of functioning” during 11 one-hour sessions.
Shortly thereafter, JudgeRobert A. Lewisended the guardianship. All told, a total of 11 people—10 judges and one commissioner—on the Clark County Superior Court made rulings in Ms. McDowell’s case. Judge Lewis declined to comment.
Ms. Snyder now says she “deeply regrets” her role in putting Ms. McDowell into guardianship. “At the time, I had no idea what guardianship actually meant, and had no idea that Lin would be taken for such a ride,” she says.
Ms. McDowell, now 74 and getting by on about $1,000 a month in Social Security and annuity payments, says that despite some health issues, she feels fine. But the time battling guardianship is “gone forever,” she says.
Editor's note: Your ProbateShark believes that "educational program" is all good and well. However, when the court systems are beset by the Kawamotos, Solos and Martins of the world and their clones well meaning "educational programs" are pointless. Lucius Verenus, Schoolmaster, ProbateSharks.com
Financial exploitation of seniors targeted by educational program
State's Attorney's Office launches education program to prevent elder financial exploitation
In an effort to prevent seniors from falling victim to scams and fraudulent schemes, the Carroll County State's Attorney's Office has launched an education program that is targeted at elder financial abuse.
"We're going to try to get across to seniors No. 1 the realization that everyone's at risk," Carroll County Chief Deputy State's Attorney Kathleen C. Murphy said. "There are misconceptions that seniors who are shut-ins are the primary target or seniors who may be cognitively compromised are the targets, and that is not really, in my experience, the case."
The office's Economic Crimes Unit has scheduled seminars at county senior centers to educate the community about financial scams targeting seniors. Five sessions have been scheduled in October and November, where information will be presented about common scams and red flags of financial elder abuse, Murphy said.
Murphy said seniors aren't necessarily targets of fraudulent schemes and scams specifically because of vulnerability.
"They're targeted because of their nest eggs; because of their income and assets," Murphy said. "So we definitely want to increase awareness that people who may not consider themselves as likely victims very well could be."
There are two distinct groups of perpetrators carrying out financial crimes against senior citizens: known predators, including family members and caregivers; and strangers who typically carry out financial scams, Murphy said.
Although financial scams are often carried out by strangers, the perpetrators of exploitation cases are often somebody known to the victim, such as family members or caregivers, Murphy said.
"The majority of financial exploitation cases are perpetrated by somebody known to the victim," Murphy said.
Senior Assistant State's Attorney Melissa Hockensmith, who serves as economic crimes prosecutor, said she gets three to five calls a week about seniors falling victim to financial exploitation.
Caregiver crimes present a common problem in Carroll County, Hockensmith said.
For example, a couple of years ago, Hockensmith said, she prosecuted a case in Taneytown, where an older man fell victim to his granddaughter who moved in with him.
"She was going to college and she needed a place to stay, so it was just mutually convenient," Hockensmith said. "She stole tens of thousands of dollars from him."
Hockensmith said she also recently handled a case in which a caregiver stole a checkbook from her employer and began issuing checks to herself and other people.
"She might write 'Happy Birthday' in the memo line," Hockensmith said. "You just have to watch your checkbook."
Seniors often fall victim to phone scams, in which a person might, for example, request money over the phone, posing as a relative or friend, Hockensmith said.
"Any request to wire money is a huge red flag," Murphy said.
Hockensmith said people can help their older neighbors by keeping a watchful eye on them. "Help them go over their bank statement every month," she said.
Scammers will also often call seniors, requesting personal information over the phone.
"Do not give out your personal information," Murphy said. "There should be nobody calling you for information that they already have."
Hockensmith and Murphy agreed that financial scams targeting older people have been continuous over the past few years.
"It's just ever-present in the work we do," Murphy said. "It's always a significant part of our caseload." lauren.loricchio@carrollcountytimes.com 410-857-7862 twitter.com/LaurenLoricchio