ATTORNEY NEWSLETTER
Over $2.7 Million Allegedly Stolen
12 Elderly Victims
Facility Owners, Lawyer And Caseworker Sentenced
Most of the financial elder abuse cases we write about involve one or possibly two financial predators, like a caregiver and a spouse or friend who assists them in the abuse. Sometimes, however, a number of people conspire together to take the money or other property of a senior. In a recent case, discussed below, a number of individuals were charged with acting together to take millions of dollars from several care facility patients over a number of years. Any taking of a senior’s property, and any assistance in that taking, is a crime and grounds for civil liability of the persons doing the taking and anyone assisting them in that taking, including professionals like lawyers or bookkeepers. California Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse). California broadly defines what constitutes financial elder or dependent adult abuse:
(a) “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following:
(1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70.
If you or a loved one is a victim of elder or dependent adult abuse or neglect in Los Angeles or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Facility Owners, Caseworker And Lawyer Sentenced For Theft
In a recently reported case, [1]a man was sentenced to prison for stealing $125,000 from an elderly couple he was a County caseworker for. He was previously indicted along with the owner of an in-home senior care company in and her sister, who face first-degree charges of conspiracy and money laundering for allegedly conspiring with a lawyer to steal millions of dollars from elderly clients. The caregiver was indicted along with the owner of a company that offered elderly clients in-home care and legal financial planning, the owner’s sister, who helped run the company; and a lawyer who specialized in elder law, to steal over $2.7 million from 12 elderly clients over a nine-year period. A physician was also indicted for lying to investigators during their investigation. The lawyer pleaded guilty to money laundering and was sentenced to 10 years in prison, including 3 ½ years of parole ineligibility. She forfeited $3 million in assets as well as her law license. In pleading guilty, the caseworker admitted he stole $125,000 from a couple he met through his job as a caseworker. He admitted to befriending the elderly couple and recruited them as clients for the other defendants, who allegedly stole more than $800,000 from the couple.
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Careful monitoring of all a senior’s accounts – not just the household checking account – may have caught the reported fraud in this case sooner than many months. Start your due diligence even before you get to the account monitoring stage. Always do a background check on anyone you hire as a caregiver; get references and call them. Never, ever give a caregiver a Power of Attorney, credit card, or a blank check. Stay involved in any senior loved one’s life so a stranger does not have the opportunity for this kind of theft and exploitation. If you sense any kind of abuse of an older loved one, call us right away. Ingrid M. Evans has years of experience in representing seniors and their families against abusers of any kind, including in-home caregivers. You can reach us at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. was not involved in the case in any way.
