ATTORNEY NEWSLETTER
Owner/Operator Sentenced To Seven Years In Prison
51 Counts Of Financial Exploitation Of Disabled Person
Residents Deprived Of Food And Care
Financial abuse of elder and dependent adults often goes hand in hand with neglect of those victims as well. This is often because the in-home caregiver or care facility owner/operator may be more interested in the money they can take from a senior or dependent adult and much less interested, if at all, in the care they provide those individuals. In some cases, like the reported case discussed below, the extent of the neglect is truly horrifying. Evans Law Firm, Inc. represents nursing home and assisted care facility patients and their families who are defrauded or exploited financially and at the same time neglected, abandoned or denied the food, care and medications they need because funds intended for the care are diverted for personal gain by facility owners. Parties responsible for such fraud, abuse and neglect are liable for their actions under California Law. See Cal. Welf. & Inst. Code §§ 15610.07 (definition of abuse), 15610.30 (definition of financial abuse), 15610.57 (definition of neglect), and 15610.63 (definition of physical abuse); Cal. Gov’t Code § 12650 et seq. (California False Claims Act). The parties responsible for the fraud and abuse should be held accountable. If you have a loved one who has suffered from abuse or neglect in any kind of care facility in Los Angeles or elsewhere throughout California, call us today at (415)441-8669 or TOLL FREE 1-888-80EVANS (888-503-8267).
Conviction for Financial Exploitation And Neglect Of Disabled Persons[1]
The owner/operator of an unlicensed care home for disabled and elderly person has been sentenced to 20 years, including seven years in prison after a jury found her guilty of neglect and financial exploitation of numerous residents of the home she owned and operated. Evidence at trial demonstrated that an investigation began after a concerned citizen made a complaint to Adult Protective Services regarding one individual residing at the facility defendant owned and operated. The ensuing investigation identified that facility residents were left primarily on their own in dirty accommodations with little to no furniture, no air conditioning, broken fixtures, and little in the way of clean clothing. Defendant allegedly arranged for a “cook” to come in the morning who provided their only food for the day and left before the lunch hour. Due to the residents’ disabilities, they did not have access to their own money and were left to beg neighbors and nearby stores for food on a near daily basis according to testimony at trial. The owner, however, took monthly payments from the residents. The 51 counts of financial exploitation against defendant related to the payments made by the residents under false pretenses. The defendant received in excess of $32,000 between December 2016 and September 2017 from these residents but pocketed almost the entire amount for herself according to prosecutors. At the time the residents were removed from the facility by APS, authorities deemed the facility premises unfit for human occupation.
The State Attorney General prosecuting the case made this public statement following the jury’s guilty verdict: “[Defendant] systematically neglected those she had promised to help, all while taking their money but leaving them with nothing in return. It is important to remember that efforts to root out neglect and exploitation start with those who see and report it, and we want to thank the concerned citizen who brought this matter to the attention of the appropriate authorities.”
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The human toll of this kind of financial exploitation and neglect of persons unable to care for themselves can be staggering. Patients were in danger of not receiving the care, medications and food they needed. If you have a loved one who has suffered any kind of fraud or abuse or neglect in a nursing home or assisted care facility or hospice program, call us at Evans Law Firm, Inc. right away at (415) 441-8669, or by email at info@evanslaw.com or TOLL FREE 1-888-80EVANS (888-503-8267).
[1] Evans Law Firm, Inc. was not involved in the reported case in any way.
