Friday, June 26, 2009

California Financial Elder Abuse: The Old and the Wealthy are Prime Targets

June 25, 2009
Posted In: California Financial Elder Abuse
By Steven Peck on June 25, 2009 1:00 AM
For a little while, at least until the police arrived with an arrest warrant, it must have seemed like the perfect crime.
Authorities charge that investment adviser Jeffrey Southard systematically bilked elderly clients out of $1.8 million in a Ponzi scheme that unraveled when securities regulators began looking into his business. Southard pleaded guilty last week to preying on elderly clients, who turned over their money to him on the promise of guaranteed annual returns of 6 percent to 11 percent.
Instead of enriching his clients, Southard used much of the money to pay his mortgage, private-school tuition, car payments, and other personal expenses.
The story rated a few paragraphs in the newspaper, but the fact is that schemes by investment advisers and other professionals that target elderly clients are proliferating. The reason is, as Willie Sutton put it when asked why he robbed banks, that is where the money is.
People 50 and over are sitting on a vast pile of wealth - 70 percent of the net worth of U.S. households, according to MetLife, the insurance giant. Those assets have been accumulating over several decades of unprecedented economic growth in the United States.
Some elderly are especially vulnerable because they are physically weakened, emotionally vulnerable, or impaired in other ways that might affect their judgment.
That exposure, along with the potential changes in inheritance rules and the sheer magnitude of the over-60 demographic, is helping to fuel a sharp uptick in business for lawyers who are experts in wills and estates and overall wealth management.
This is a rarefied profession in which lawyers dwell in what is to most souls a terra incognita of abstruse tax laws and IRS opinions, the mastery of which can seem more like sorcery than law.
It grows increasingly complex with the size of the estate.
For all the expertise required in complex estate planning, some estate lawyers, especially at some big firms, traditionally played a secondary role. They're known as service partners and are referred work by rainmaker lawyers with important clients who in addition to their commercial transactions may need some help with their bulging portfolios.
Prospective clients should steer clear of independent financial advisers who are not affiliated with a large institution that can make restitution if funds are misappropriated. Make sure that the adviser does not have custody of the funds and thus cannot divert the money for his or her own use. That was the case with Bernie Madoff, and indeed, Jeffrey Southard. In both cases, clients turned over funds directly to their advisers, who in turn used the money for themselves.
Good data are hard to come by, but policymakers, financial institutions, and others with a stake in the issue are making stabs at measuring the problem. In a study released in March, MetLife's Mature Market Institute, a research arm of the insurer, concluded that thefts and other forms of financial exploitation of the elderly amounted to at least $2.6 billion a year. The study found professional advisers, such as lawyers and investment advisers, account for the largest group of offenders at about 18 percent, but they were closely followed by family members pilfering funds and other assets.
Other studies have concluded that family members by far commit most of the financial crimes against the elderly, accounting for 50 percent or more of the cases.
Plenty of such rip-offs are very commonplace, and the wealthy, though often having the benefit of good legal advice and presumably more sophisticated than most, are as vulnerable as anyone.
The Bernie Madoff case made this point amply clear.
A lot of people went to Bernie Madoff; he looked so wealthy and wise. People will trust someone without looking into it. They don't ask, Where is my money going? Wealthy people are not always smarter than people with less wealth.Should you beleive that you or a family member has been the victim of financial elder abuse immediately contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced California Financial Elder Abuse attorney

http://www.californiaelderlawattorneyblog.com/2009/06/for-a-little-while-at.html

Wednesday, June 24, 2009

Florida Judge Grants Permission to Commit Crime

Seminole County, Florida
RE: “Crime Pass”
A complaint of alleged judicial misconduct against Judge Nancy F. Alley of Florida’s
Eighteenth Circuit Court (407 665-4330) has today been denied by Florida’s judiciary. The
judiciary’s suggestion for further redress will be investigated in an attempt to stop
pre-crime immunity before this new practice of criminal protection
becomes commonplace in our federal, state and local judicial systems.
As judges begin granting such passes to commit crime, our reliance upon laws and
prosecutors to protect society and deter criminal activity will vanish.
Prosecutors receive crucial testimony for granting post-crime immunity.
Judges may acquire undefined consideration for granting pre-crime immunity.
Judge Alley’s unprecedented and unauthorized Order creates a new road for illegal activity by granting absolute
permission to break any law in the first place (pre-crime). In contrast, pre-emptive immunity is described as an
Executive Order of immunity from investigation after an unlawful act has taken place so that the unlawful actor will
never see the light of prosecution. Pre-emptive immunity surrounded the recent Bush Administration. An
Executive Pardon excuses one's conduct after breaking a law and subsequent conviction. Judge Alley’s imaginative
creation of pre-crime absolution renders pre-emptive immunity and pardons obsolete.
To highlight the established procedure for gaining pre-crime immunity, follow the below contents of recently
discovered documents involving the guardianship of Louise A. Falvo (case# 2008-GA-0509): Judge Nancy Alley
received a written request from Professional Guardian Rebecca Fierle asking for:
“petitioner respectfully requests that the court’s order finds that the petitioner
is neither responsible for nor authorized to attempt to determine the true intentions
of the Ward regarding her estate plan, and absolves her of any responsibility or
liability either now or in the future”
It is a known violation of Florida’s guardianship law not to protect and preserve the property of a ward:
744.361 POWERS AND DUTIES OF GUARDIAN. -- (6)(a) Protect and pre se rve the property and invest it
prudently as provided in chapter 518, apply it as provided in s.744.397, and account for it faithfully.
Regardless, Judge Alley set aside the statute and ordered on June 11, 2008:
“REBECCA FIERLE, the Plenary Guardian of the Property and Person of the Ward,
     
   the alleged intentions or estate plan of the Ward”
Judge Nancy Alley has thrown a roadblock in front of criminal prosecutors and civil trial attorneys. Last summer’s
issuance of this nation’s first of its kind pre-absolution, an unprecedented privilege of absolute immunity from
prosecution before the commission of unlawful acts, provides court permission to a civilian to plan and execute
crime without threat of investigation or prosecution. This new type of judicial order will spread quickly and
dismantle the very fabric of rule of law. Blanket immunity from criminal and civil prosecution is also a blow to our
elderly population, many of whom are currently victims of unscrupulous professionals. Criminal enterprise will
benefit from judicial passes of immunity from existing laws and will flaunt their absolute immunity from criminal
and civil liability.
By: The Friends Of Louise A. Falvo
Visit www.CrimePass.com for Contact Information pertinent parts underlined for emphasis
http://www.crimepass.com/images/News_Release_for_Web.pdf

Octuplets’ guardianship hearing postponed until July

June 23rd, 2009, 10:55 am · 13 Comments · posted by Rachanee Srisavasdi
A hearing to determine whether a guardian should be appointed to care for the octuplets of Nadya Suleman — better known as “Octomom” — has been postponed until July 27.
Suleman, who lives in La Habra, is accused of exploiting her babies in a petition filed by high-profile attorney Gloria Allred.
Allred, who filed the petition on behalf of child-actor advocate Paul Petersen, seeks to have a guardian appointed to protect Suleman’s octuplets “so that not one penny of their earnings will be spent by their mother.”
Allred filed the petition on grounds that the babies are working when they are being photographed and videotaped for online Web posts that Suleman gets paid for
The hearing, which was orginally scheduled for June 22, will be held before Orange County Superior Court Judge Gerald G. Johnston at Lamoreaux Justice Center in Orange.



Source: http://crime.freedomblogging.com/2009/06/23/octuplets-guardianship-hearing-postponed-until-july/4847/

Tuesday, June 9, 2009

Hot cereal feeding could lead to homicide charges

PhillyBurbs.com
updated 1 hour, 1 minute ago
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Levittown - Montgomery County authorities are investigating whether homicide charges are warranted in the death of an elderly Hatfield Township man who died just two weeks after he was severely burned from being fed scalding hot cereal by an aide at a geriatric facility.The county coroner's office Monday filed a petition in court to exhume the body of the 79-year-old man who died last Oct. 23.The private physician of the man, who was non-communicative, bedridden and suffering from end-stage Alzheimer's dementia when he died at home under hospice care, certified that the man's death from malnutrition was the result of natural causes, specifically "Alzheimer's dementia."As a result, county Coroner Dr. Walter I. Hofman states in his petition, the death was not reported to the coroner's office and there was no opportunity for an autopsy before burial.However, Hofman said, he was notified in January by the district attorney's office about its ongoing investigation of the abuse incident.Based on information received from law enforcement authorities and his own review of the victim's medical records, Hofman in April issued a coroner's death certificate that lists a dual cause of death - complications following burns of oral mucosa, tongue and throat and Alzheimer's dementia.Hofman now wants to exhume the man's body to further document the nature and extent of the burn injuries."If the coroner determines (the victim's) death is a result of the October incident, then that is a homicide and we will pursue it," said county Assistant District Attorney Bradford A. Richman, who heads his office's elder abuse prosecution unit."An autopsy will provide us with evidence to prosecute the responsible people," said Richman.Alvador Thompson, the now-former nurse's aide, was arrested last December on charges stemming from the Oct. 8 scalding incident.Thompson, 55, of the 2900 block of Walnut Street, Hatfield Township, is charged with aggravated assault, neglect of care-dependent person, simple assault and recklessly endangering. She remains free on bail while awaiting a repeatedly postponed preliminary hearing.The victim's family members, including his widow, have consented to the exhumation while requesting that Hatfield Township police Detective John A. Ciarlello, who spearheaded the investigation, be present during the autopsy, the coroner's petition stated.No date has been set for court action on the coroner's petition.The alleged abuse incident happened on Oct. 8 while the man, who was totally dependent on others for his care, was a patient at Cambridge Brightfield Personal Care and Hospice in the 1800 block of Walnut Street in Hatfield Township.The man, who was receiving hospice care, suffered significant burns to his lips, tongue and throat after Thompson fed him hot cereal, according to the criminal complaint.One witness told authorities she recalled seeing the man attempting to push the cup of hot cereal away from his mouth that morning, the complaint said.Thompson, who was hired at the facility in March 2008 and reportedly received on-the-job training concerning the proper feeding of residents, did not report the incident or seek medical treatment for the man following the incident, the complaint said.A facility supervisor, noticing later that morning what initially appeared to be a torn and infected upper lip on that patient, asked Thompson if she knew how the man received the injury. Thompson replied that she did not, according to the complaint.By noon that same day, the man's lip was blistered and swollen and he was subsequently taken to Central Montgomery Medical Center where he was admitted for treatment.Police were contacted the following day by the victim's daughter, who reported the burn injury.Visiting the hospital on Oct. 10, Ciarlello said in the complaint that he personally observed severe burns and blistering on the man's upper and lower lips and tongue.During the course of the investigation, one supervisor alleged that Thompson "would manhandle the residents when transporting them and be rough with them," the criminal complaint said.The man later was released from the hospital and went home where he continued with hospice care, according to authorities.Margaret Gibbons can be reached at 610-279-6153 or mgibbons@phillyBurbs.com.
http://www.msnbc.msn.com/id/31180871

Conflict resolution expands to seniors

By Nanci L. Valcke
Posted: 06/09/2009 01:22:31 PM PDT
Updated: 06/09/2009 01:22:32 PM PDT
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Sometimes people fight, then kiss or shake hands, and make up. But there are cases when quarrels escalate into what seems like unsolvable feuds.
Unfortunately, when a senior is involved, there's often a crime, says Deputy District Attorney Jason Peck, and the dispute ends up in a court where the outcome is determined. Rarely is either party satisfied.
Today, those in the aging population affected by family disputes don't know where to go for help, and when a crime is involved, are reluctant to bring charges against their adult child who often is the offender, he says.
Therefore, the Center for Human Development's Conflict Resolution program, which has served Contra Costa County for 25 years, is expanding its planning, training and networking to include more elder mediation.
"I think the need is overwhelming now," says Barbara Proctor, program director. "In the future, it's going to be higher."
Currently, the program relies on referrals.
"We refer to them," says Virginia George, supervisor of JFK Elder Law Clinic in Pleasant Hill, which opened in 2005 and provides legal assistance to those 60 and older who have been the victims of financial abuse.
"Often, their adult children take advantage. Mediation offers the elder to get something back without going into litigation."

(continued here ) http://www.contracostatimes.com/contracostacounty/ci_12554016

The shame of elder abuse

Agencies report rates of neglect, mistreatment are on the rise Agencies report rates of neglect, mistreatment are on the rise
By Rita Savard, rsavard@lowellsun.com
Updated: 06/09/2009 08:22:50 AM EDT
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San Ou, who escaped the Khmer Rouge in Cambodia, has allegedly been a victim of elder abuse in Lowell from her own stepson. She is holding an old photograph of her mother and father. SUN/David H. Brow
Related
ABUSE
Jun 9:
Detecting Signs of abuse
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LOWELL -- Sitting in her warm, dark living room, the woman thumbs through old photographs.
It's a long way from Lowell to Cambodia. When she stops at a black-and-white picture of her parents, San Ou seems to feel the distance.
A wisp of a thing at 5 feet, 100 pounds, it's hard to imagine Ou hovering on the knife's edge between life and death more than once -- and surviving. But the nightmares she has lived through have taught her something no one can take away from her.
"Life is a gift," she says.
After surviving genocide in her native Cambodia, Ou, 64, eventually settled in Lowell, where she again became a victim of abuse. This time, it was at the hands of a family member.
Last month, elder-abuse reports ...

(continue reading here) http://www.lowellsun.com/ci_12551611

www.elderrightsadvocates.com
Make a difference - email stopguardianshipabuse@gmail.com

Monday, June 8, 2009

HELP STOP ELDER ABUSE & GUARDIANSHIP ABUSE ! - The Petition Site

HELP STOP ELDER ABUSE & GUARDIANSHIP ABUSE ! - The Petition Site

Shared via AddThis

Senate Committee Hold Briefing on Health Care and Long-Term Services and Supports

Sen. Tom Harkin (D-Iowa), a member of the HELP committee, Dara Torres, a 12-time Olympic medalist, John Henry Douglas, a Vietnam Veteran with two Purple Hearts, and AAHSA’s own Barbara Manard, Ph.D., all advocated for the inclusion of long-term services and supports in any health care reform effort.
“Today’s briefing was a showcase of the real needs of people converging with a good public policy designed to meet those needs,” Larry Minnix, president of AAHSA, told me after the briefing. “We heard real stories from a variety of people. Our guest, Dara Torres, an Olympic champion, talked about being part of the ‘sandwich’ generation, a generation of people who care for their aging parents while supporting their own children.”

(continue reading here) http://futureofaging.wordpress.com/2009/06/08/senate-committee-hold-briefing-on-health-care-and-long-term-services-and-supports/

Confronting Elder Abuse

Elder Abuse is a very serious crime and is recognized and punished as a third degree FELONY in Texas. A Felony is considered to be a crime of a grave and atrocious nature and is an offense punishable by death or imprisonment in the state penitentiary of Texas.
Even though my sister and I worked diligently to help our dad and our mom live out the lives which God intended, we never suspected that an abusing caregiver was working even more diligently to end our parent's lives. We were naive and trusting, believing that someone with the job of "caregiver" actually cared about her patients. We hope that by relating our experience, by telling others what we have learned, we may save some other parent, some other loved one from fear, abuse and an early death.
My sister and I believe that our dad was one of the greatest individuals of his generation. We will always love our wonderful father, and we will never forget that our dad died before his time.

(continue reading) http://www.iannarino.us/elderabuse.php

Saturday, June 6, 2009

Guardianship Warning

What Everyone Should Know About Guardianships
A Last Resort - Avoid it like the Plague
CLICK HERE FOR GUARDIANSHIP WARNING BLOG

Friday, June 5, 2009

Dohn Hohn Says This About Guardianship

Dohn SAYS
Guardianships are as big a violation of person's civil rights as having that person committed.

It's not like you're just a few rights short of full citizenship. Somebody else controls your life, as if you're a child. But they do things with you that we wouldn't do to kids

YOU MUST READ THIS

http://www.mouthmag.com/says/dohnsays.htm

Back Home for a Mother Stuck in Texas by Legal Feud

By TINA KELLEY
Published: April 29, 2006
New York Times

Back Home for a Mother Stuck in Texas by Legal Feud

An ailing New Jersey woman with a $25 million fortune who was placed under a Texas probate court's authority while visiting her daughter there a year ago is back home, while her two children continue their fight over who should be her guardian.

(read story here)

Be on the Lookout: Con Artists Stealing Guardianship of Senior Parents

Be on the Lookout: Con Artists Stealing Guardianship of Senior Parents
September 26, 2007 by

Accociated Content
Senior adults have been targeted as easy victims in a number of different scams for the last two decades now, and it's only getting worse. Instead of just stealing money from them or ripping them off, con artists are now actually stealing guardianship of many senior adults. Some criminals have figured out that they can assume guardianship of elderly individuals just by telling a judge they are no longer mentally stable. When approaching a judge, these crooks don't have to do anything to prove that they are related to the individual they are trying to assume guardianship of. Courts are so busy and over-packed with cases that they just don't have the time or resources to make sure that the person making the claim is on the up and up. There's no easy way to find out when this occurs, so family members often have no idea that someone is stealing guardianship of their parents and simply have no recourse in the event that it happens. Usually the ruling happens quickly and the victims have no idea when it happens. If you have any aging parents, you have to look out for them and make sure they are not victimized. It's extremely easily to steal the money from your ageing parents and almost impossible to get it back after it's stolen. If you have senior parents, there are several legal things you can do to protect your senior parents. You can get a durable power of attorney for health care which will enable you to make decisions for your senior parents if they cannot speak of make competent decisions upon their own behalf. If you already have a durable power of attorney for health care, their guardianship can't be taken away because you already have it, and in the event that they are no longer competent, you are the one that will be able to make their health care decisions. You can also get a regular durable power of attorney, which requires the assistant of an attorney and is a bit more difficult to get. A durable power of attorney enables you to take care of your senior parent's finances, which would make it impossible for these types of criminals to steal your parents assets by claiming guardianship over them.

(continue reading article here)

==========================
This article is almost two years old. Matters have gotten worse not better. Now they will just ignore the power of attorneys and still grant the guardianship. Warn your Loved ones today ! Designate who you want your guardian to be and who your want your conservator to be and don't trust the system! Give away your family heirlooms before it is too late because if you do not and you end up in guardianship the guardian can sell or auction off EVERYTHING including the diamond ring your great grandmother gave you to give to your daughter one day. Nothing is off limits.

THIS IS A SHAME AND OFTEN A CRIME !

stopguardianshipabuse@gmail.com ============================================

Monday, June 1, 2009