ATTORNEY NEWSLETTER
$2.7 Million Stolen And Attempt To Take $20 Million Estate
15-Year Sentence
Protecting Loved Ones From Abuse
Strangers who take over an older or dependent person’s life under the guise of “caregiver” or “friend” can really take advantage of the situation if there is no one watching out for the older or dependent adult’s interests. In some cases, the strangers may try to take everything their victim has, as a recently reported case discussed below illustrates. Whatever the “form” or size of financial elder abuse, any taking of a senior’s property, or any assistance in that taking is a crime and grounds for civil liability of the person doing the taking and anyone assisting him or her. California Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse). If you or a loved one is a victim of elder or dependent adult abuse or neglect in San Francisco or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Individual Sentenced In Largescale Fraud
In a recent announcement by the U.S. Department of Justice (DOJ),[1] a hairstylist has been sentenced to 15 years in prison for stealing more than $2.7 million from a physician who suffered from mental illness and attempting to defraud his estate out of an additional amount exceeding $20 million after the man died.
According to the government, beginning in June 2017, the defendant used false promises and representations to befriend the victim — a physician and successful investor worth more than $60 million, but who suffered from mental illness and lost the ability to care for himself. Within days of meeting the victim, the hair stylist and a yoga instructor (whose sentencing is still to come) moved into the victim’s beachfront Malibu home – rent free – and slowly took control of his life by pretending to be his new “best friends” and caregivers, according to the DOJ. In September 2017, the victim suffered a severe mental breakdown resulting in his arrest and detention. At that time his hair stylist “friend” fraudulently induced the victim to sign powers of attorney granting him control over his finances and used the POA authority to open bank accounts in the victim’s name, giving himself and co-defendant access to the victim’s wealth. The two then diverted the victim’s funds to their own bank accounts, isolated the victim from his family and longtime friends and provided the victim with drugs, including marijuana and LSD. In the final days of the victim’s life, according to the government, defendants gave the victim LSD, which caused his mental state to severely deteriorate. While the victim was under the influence of LSD, one defendant allegedly changed the two-step authentication feature on the victim’s $60-million online brokerage account after previously changing the phone number listed on the account from the victim’s phone number to his own phone number. Defendants then wired $2 million to themselves out of the victim’s accounts. In May 2018, the victim died and defendants moved back into the victim’s Malibu beachfront home and withdrew large sums of money from his accounts. They also concealed information about the victim’s finances from his mother and sister, both of whom resided in Florida. This prompted the victim’s family to file a lawsuit, which uncovered the fraud.
Contact Us
Always monitor a dependent loved one’s checking account; take a look at it online every day if you can. If someone moves in with your loved one, look into the circumstances immediately. Talk to your loved one alone to find out what’s going on. 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.
