August 31, 2010

Bank Teller Charged With Stealing Money From Elderly Aunt

A troubling news story from the San Mateo Daily Journal discusses another example of financial elder abuse.

A bank teller in Redwood City is charged with felony fiscal elder abuse after she stole more $40,000 from her own aunt. While working as a teller, Arcelia Barajas Aguilar had close access to the funds of the bank customers. She was able to transfer money from one customer’s account to another. Early last month, Aguilar apparently transferred $40,000 from her aunt’s account into her own personal account.

Aguilar apparently used the money to pay down her credit card debt. Fortunately, the fraud was discovered during a bank audit. Aguilar was arrested and is now on bail. It is unclear how much money remains of the total that she stole. The judge warned the Aguilar’s sentence could ultimately be affected by the amount of restitution she is able to make—how much money she can pay back.

This story raises unique questions about the ultimate effectiveness of attempts to curb elder financial abuse. Our Chicago elder abuse attorneys at Levin & Perconti have long been advocates of taking steps to limit the chance for vulnerable seniors to have their finances exploited. This year the Illinois Legislature passed a bill which will attempt to help stop the problem by educating those in a position to notice fraudulent actions with senior finances—bank tellers. Of course, abuses like the one committed by Aguilar would probably not have been stopped by Illinois’ attempted remedy. There is little training that can be done to raise awareness of the problem if the people being trained are the very ones willing to commit fraud to steal cash from seniors.

This recent abuse is only more reason for everyone, no matter how often you interact with senior family and friends, to remain constantly vigilant to the potential of exploitation. What makes this a particularly complex problem is that the abuse very often occurs at the hands of family members themselves, as in the Aguilar case. It is hard enough for many elderly citizens to recognize when they are being taken advantage of by strangers, let alone family members who they are likely to trust even more.

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August 23, 2010

Nursing Home Patients Signed Up for Insurance Without Their Knowledge

Nursing home abuse and exploitation takes many forms. The vulnerability of many of our elderly residents at these facilities make them prime targets for anyone who wishes to force themselves upon them because of their often mentally or physically weakness. The abuse can be physical, sexual, emotional, mental, or even financial.

For example, a recent case reported at Alabama Local News involves four nursing home residents being involuntarily enrolled in insurance programs that they did not want.

Officials in the state arrested Kimberly Bisslessi Eddins last week after evidence surfaced showing that she signed up four separate residents of the nursing home Coventry Health Care for insurance. In order to receive the commissions on the sales of these insurance packages, Eddins secretly signed up the vulnerable patients for insurance coverage starting in late 2008. In total, the fraudulent sales netted Eddins over $3,800 in commissions and cost the residents untold fees in premiums.

In is unclear form the report exactly how Eddins was able to access the necessary information from the residents to make the illegal sign-ups. She had gathered their names, dates of birth, and Social Security numbers.

This latest form of exploitation of the elderly is just another example to be added to the many that our Chicago nursing home attorneys at Levin & Perconti have seen after decades of fighting for abused residents at these facilities. Most residents are brought into nursing homes specifically because it is assumed that they are too vulnerable to avoid injury, and exploitation if they remain living without close supervision. However, as this and countless other examples demonstrate, the vulnerabilities of these residents continue to be taken advantage of while livining in long-term care facilities. In fact, being forced to live in substandard nursing facilities makes it even more likely that a residents’ mental or physical state will be exploited. Be sure to keep a close eye on all the activities of your elderly loved ones, and contact a nursing home lawyer today if you suspect any problems with their care.

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August 19, 2010

Receptionist Steals Funds From Nursing Home Residents

Yesterday we posted an example of elder financial abuse involving the complex swindling a Chicago area senior citizen. In that case, the retiree was cajoled out of $500,000 after investing money with a con-man whom he assumed was using the funds to develop a construction business.

Today, the St. Petersburg Times discusses another form of senior financial exploitation on the other end of the spectrum—the outright theft of money from nursing home resident accounts.

Until her firing yesterday, Janice Lynn Smith was the receptionist at Heritage Park, a nursing home near Miami. As with many other employees at nursing homes, Smith was in a position to gain access to the accounts of the nursing home residents. Apparently, the ability to steal from these vulnerable residents at the facility was too much for her to resist.

Smith began taking money out of the trust funds of four residents at the facility, all of whom were over 85 years old. In the end, she withdrew nearly $4,000 from these resident accounts and put it in her own pocket. Fortunately, other nursing home staff noticed problems with the trust accounts. The nursing home administrator began investigating the problem, ultimately revealing the truth about Smith and the theft.

In most cases of elder financial abuse, the problem goes unreported and victims are never compensated for their losses. Many states, including Illinois, have recently begun programs to help stem the wave of elder abuse problems, but much work remains before the problem is truly extinguished.

Our Chicago nursing home lawyers at Levin & Perconti spend our time fighting for nursing home residents because we understand their vulnerability while living at these facilities. Elderly residents often depend on nursing home staff members to help both with their physical well-being as well as their financial well-being. Any facility that allows its staff members to take advantage of that vulnerability for personal gain needs to be held accountable for their negligence.

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August 18, 2010

Chicago Area Man Victim of Elder Financial Exploitation

The Chicago Tribune recently published a troubling story of financial abuse affecting an elderly man from nearby Des Plaines.

Will Harling is seventy one years old, a fact that he believes made him a more attractive target for his abuser, Taha Mahmood. Mr. Harling met Mahmood through a mortgage underwriter, and the two began discussing possible business opportunities. Mahmood seemed to say all the right things, even claiming to have gone to the same high school at Mr. Harling. Eventually, Mr. Harling agreed to assist Mahmood in starting a construction business. However, the funds that were provided to help jump-start the new project were never used to build the business. Instead, they went straight into Mohmood’s pocket.

The ruse was taken to new heights when Mahmood manufactured a fake loan approval document (totaling $2.6 million) in order to convince Harling that the project was progressing. Eventually the repossession of a Rolls-Royce that had been purchased under Mr. Harling’s name alerted him to the fraud.

In total, the con-man stole almost $500,000 from his elderly neighbor. Mr. Harling is now struggling to stay afloat. He is still not sure whether he will be able to afford to keep him home.

Mahmood’s exploitation of Will Harling seems to be merely one incident in a string of fraudulent actions that swindled funds from innocent parties. In another case, a businessman from Highland Park agreed to finance a small business trip led by Mahmood. In the end, an unnecessary private jet was chartered and the businessman was out $127,000. In other cases, the scheming con-man was charged with writing $11,000 worth of bad checks and stealing $4,000 from a high-end department store.

Our Chicago nursing home lawyers at Levin & Perconti are continually disgusted by the length that some will go to take advantage of our vulnerable senior citizens. This form of elder financial exploitation occurs all too frequently, including at nursing homes. Recent efforts have attempted to raise awareness of the problem, but the risk of senior financial abuse remains high. Please remain vigilant to possible exploitation of elderly family and friends.

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August 1, 2010

Health Care Aides Steal From Elderly Resident

Yet another example of elder financial abuse is being reported in Poughkeepsie Journal. Two female aides were working at the Lake View Arms apartment complex, assisting the elderly residents who lived in the units with basic health and household upkeep tasks.

However, authorities recently discovered that the aides were stealing from the elderly residents to whom they were providing care. The women stole cash, blank checks, and personal property from the vulnerable seniors who they were supposed to be serving. Luckily, police officers were made aware of the theft and arrested the women before they were able to commit any additional acts of robbery. As reported often on this blog, the vast majority of cases of elder financial abuse are never reported. Several billion dollars are taken from seniors each year.

Our Chicago nursing home abuse attorneys at Levin & Perconti encourage more vigilant oversight of the financial transactions of our all vulnerable seniors. Many seniors have no choice but to place enormous trust in the care workers who are supposed to assist in their daily needs. All too often, those workers are unable to resist the temptation to take advantage of their authority and steal the resources of the senior. Sadly, most seniors have no one to stand up to their abusers, and so the thieves get away.

This abuse occurs at the hand of nursing home workers, at-home aides, and even family members of the victim. While many officials are working to limit the problem, there is still enormous work to do before our seniors are protected and respected. Please contact an elder lawyer if you know of any suspicious elder financial abuse.

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July 29, 2010

The Many Forms of Elder Financial Abuse

The Quad City Times recently highlighted the widespread problem of elder financial abuse and the various forms in which it occurs.

Elderly residents remain vulnerable to being taken advantage of in many circumstances. For example, Brian Lovett was startled to discover that his 94-year old mother had written various checks to public safety organization, a rodeo, and police organization hundreds of miles from her Iowa home. Mr. Lovett’s mother died this year, suffering from dementia for several years before her passing. He believes that these organizations kept soliciting his mother because she mentally wasn’t aware of where her donations were going, even though she had no connection to their services.

While Ms. Lovett’s example may exist on the borderline of financial exploitation, thousands of other seniors each year are purposefully targeted and swindled out of the savings that they spent their lives earning. Estimates suggest that $2.6 billion each year is taken from vulnerable seniors due to elder financial abuse.

In fact, many elder service professionals report that cases of financial abuse are much more frequent than direct neglect and abuse. One bank officer explained one common form of the problem, noting, “In my experience, we have to be careful of what we call ‘professional beneficiaries.’ These are people who gain a senior’s trust and then get control of their finances.”

Illinois recently passed a new law intending to help train bank employees to recognize the red flags that suggest elder financial abuse. However, even with that training, elder abuse is still likely to occur, because only a fraction of cases is ever reported. Our Chicago nursing home attorneys at Levin & Perconti are well aware of the financial abuse of many elderly residents. We have seen the abuse occur at the hand of family members, friends, and at nursing homes. We encourage everyone to remain vigilant and active in rooting out the problem. Contact nursing home legal experts if you know of any elder abuse or neglect.

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July 22, 2010

Caregiver Arrested For Elder Financial Abuse

ABC7 News is reporting of another example of the vulnerable financial situation of many senior citizens. In an appalling case of elder financial exploitation, a ninety year old woman, Marian McGlone, had hundreds of thousands of dollars stolen from her savings by her caregiver, Erma Jean Williams.

Ms. Williams is accused of taking nearly $200,000 from the elderly woman and her husband. Ms. McGlone experienced mental instability as she aged becoming confused about situations and having difficulty with her memory. Her caregiver took advantage of that weakness, ultimately using the elderly woman’s money to remodel her home and buy a new care, among other illegal abuses. The true extent of what was taken by the greedy caregiver may never fully be known.

In fact, as Ms. McGlone’s health deteriorated even further, Erma Jean Williams attempted to ensure that theft could last even longer by trying to get Ms. McGlone to change her will to include Ms. Williams. On two different occasions Erma Jean forced Ms. McGlone to visit an attorney and attempt to change the will. Luckily, it was obvious from the elderly woman’s mental condition that she was not stable enough to change the document. The attorneys at the office were vigilant enough to ensure that the abuse did not continue.

Ms. McGlone died two weeks after the last attempt to change her will. Shortly after her passing the extent of Ms. Williams abuse finally came to light. It was also discovered that Erma Jean had several previous arrests that were unknown to the McGlone children when they were looking for a caregiver for their mother.

As we’ve recently documented on this blog, elder financial abuse is an shockingly large problem that receives far too little attention. Some estimates claim that one in five elderly individuals are victims of similar conduct. It occurs in all circumstances, between family members, at-home caregivers, and at nursing homes. Our Chicago nursing home lawyers at Levin & Perconti have seen the abuse case after case. That is why we approve of measures taken this week by Illinois Governor Pat Quinn, which require bank officials to do more to ensure that they report questionable financial transactions with their elderly customers.

It is often very difficult to detect abuse of elderly finances. If you suspect you know a victim, please contact our office today to learn about your options.

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May 17, 2010

Financial Exploitation of the Elderly an Ever-growing Problem in Illinois

Financial exploitation of the elderly has become a large problem within the elderly community. The State Journal-Register is reporting that a Hillsboro, Illinois man was arrested for his involvement in the financial exploitation of an elderly person. The thirty year old man reportedly had an arrangement with an elderly person in the area to do miscellaneous work. This person then became a victim when the defendant was given blank signed checks to buy materials for the projects. The man then used the blank checks to buy more than $300 worth of personal items. Deputies were able to uncover several items purchased by the defendant with the victim’s money while executing a search warrant in his residence. To read more about this specific case of the financial exploitation of the elderly, please click the link.

Illinois has a specific statute that prohibits the financial exploitation of an elderly person. Under 720 ILCS 5/15-1.3 a person commits the offense of financial exploitation of an elderly person when they “stand in a position of trust or confidence with the elderly person and by deception or intimidation controls over the property of an elderly person or uses the assets of that person." This is a class 4 felony if the property is less than $300, a class 3 felony if less than $5,000 but more than $300 and a class 2 felony if in between $5,000 and $10,000. Finally, if a person exploits an elderly or disabled person out of more than $10,000 it is a class one felony. All felonies are punishable with jail time. If you believe you or a loved one is a victim of financial exploitation of the elderly we recommend that you contact your local law enforcement. If this exploitation occurred in an Illinois nursing home, you may also have a case for nursing home abuse. Please consult a Chicago nursing home attorney to further discuss your case and your legal options.

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Posted In: Illinois Nursing Homes, Financial Exploitation, Financial abuse and exploitation, Legislation

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April 14, 2010

Illinois Lawyer is Charged with Financial Exploitation of an Elder

Thetelegraph.com is reporting that authorities have charged an Alton, Illinois attorney with embezzling more than $137,000 from an elderly woman. The attorney had met this woman at a church and offered to help her obtain a payment for her probate case in which she was a litigant. The 62 year old man was charged in Madison County Court with unlawful financial exploitation of an elderly person. This is based on the evidence that he obtained a check written payable to the 81-year-old victim.

The Illinois lawyer was arrested after a police office obtained an eavesdrop order and placed a recording device on the elderly victim. The case was originally being handled by attorneys based in other states and the defendant told the woman he would write the checks in an effort to expedite the case. After many inquiries into the whereabouts of the check, the elderly woman hired another lawyer to investigate the elderly financial exploitation. The authorities discovered that the check had been sent by the out of state lawyers and that the defendant had deposited the check into his own personal account. His license has been suspended for a year.

Financial exploitation has become a common form of elderly abuse. According to the NCEA financial exploitation is defined as the illegal or improper use of an elder’s funds, properties or assets. Many times this falls in the hands of the attorney or estate executor. To read more about the specific case of Illinois financial abuse, please click the link.

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Posted In: Illinois Nursing Homes, Financial Exploitation, Financial abuse and exploitation

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February 2, 2010

Nursing Home Employee Charged with Financial Abuse

A nursing home employee was stealing from nursing home residents. The 44-year-old woman was arrested on suspicion of fraudulent use of credit cards, petit theft, financial exploitation of the elderly, bank fraud, grand theft and fraudulent use of personal identification information. At first nursing home residents reported missing checks at the retirement community. However, later there were many more items missing from the home. One elderly victim reported that the employee stole a $5,000 14-karat charm bracelet and a $2,5000 ring from her. Another elderly victim had an expensive necklace and gold chain taken. The woman then is accused of taking the items to a pawn shop. Financial exploitation of the elderly has become a common form of elderly abuse. If you or someone you love has been a victim of nursing home theft, consult a Chicago nursing home abuse lawyer. To read more about this specific nursing home employee, please check out the link

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Posted In: National Nursing Homes, Financial abuse and exploitation

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January 22, 2010

Woman Charged with Identity Theft at a Nursing Home

A nursing-home worker is accused of stealing the identity of a resident living under her care. Employees at the nursing home contacted the Sheriff’s department when they received credit card statements for the resident with charges that had not been authorized. She supposedly bought furniture, a television and other items with the resident’s credit card and forged the resident’s signature to steal money from two bank accounts. She is accused of taking $16,000 from the elderly resident. Financial exploitation of nursing home residents has become all too commonplace. To learn more about this incident of financial exploitation and elder abuse, please click the link.

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January 5, 2010

Woman Arrested on Charges of Financial Elder Abuse

A woman suspected of stealing $2,800 from a group of nuns has been arrested on additional charges of financial elder abuse and grand theft. The police have reason to believe that there are additional victims of the financial abuse. She allegedly stole donations from a group of local nuns who were evicted from their convent to free up money for a sex abuse settlement involving the Archdioceses. She took the reins of a group called Save Our Sisters that was accepting checks on the nuns’ behalf and allegedly deposited 10 checks directed toward the sisters into her personal account. Financial exploitation has become an all too common form of elderly abuse. To read more about the financial exploitation, please click the link.

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Posted In: Financial Exploitation, Financial abuse and exploitation

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December 31, 2009

Woman Sentenced to 15 Years in Illinois Nursing Home Theft

An Illinois judge has handed down a 15-year-prison sentence to a Quincy, Illinois woman who admitted to bilking a nursing home out of $14,500. The defendant pleaded guilty last month to stealing form the North Adams Home in Mendon. She was charged with forgery, theft and obstruction of justice. The woman now has 18 felony convictions. It is important for nursing homes to conduct background checks on all employees to avoid financial abuse. To read more about the financial exploitation, please click the link.

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Posted In: Illinois Nursing Homes, Financial abuse and exploitation, Incidents

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November 13, 2009

Ex-Caregiver Gets 4 Years for Stealing

The former caretaker for a 93-year-old retired Springfield, Illinois pathologist has been sentenced to four years in prison and ordered to pay $400,000 in restitution for stealing thousands of dollars from her employer. The 65-year-old criminal was convicted by a jury in September of financial exploitation of the elderly and financial exploitation of a person with a disability. While the caretaker worked for the woman she received “gifts” of thousands of dollars for herself and relatives, used the victim’s money for car repairs and used the money to buy a $43,000 van. She had already obtained the doctor’s power of attorney both for finances and for health care. The judge called the employee the “worst nightmare” for family members who have to depend on someone else to care for an elderly loved one. Financial abuse has become the most common form of elderly abuse. To read more about the Illinois elderly abuse, please click the link.

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Posted In: Financial Exploitation, Financial abuse and exploitation, Nursing Home Abuse

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November 3, 2009

Woman Uses Power of Attorney to Rip off Elderly Man

A South Pekin, Illinois woman was arrested for allegedly bilking an elderly man out of cars, loans and his pension money. The 38-year-old woman was arrested for financial exploitation of the elderly, forgery and altering titles. In August, the son of an 83-year-old Pekin man called police saying he feared his elderly father had been the victim of financial exploitation by the father’s power of attorney. During the investigation, police learned that the woman had also convinced the victim to maker her his beneficiary at the time of his death. He had been coerced by the woman to take out loans on the homes he owned to help the woman open a business. Financial exploitation has become one of the most common forms of elderly abuse. To read more about the financial exploitation, please click the link.

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Posted In: Illinois Nursing Homes, Financial Exploitation, Financial abuse and exploitation

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September 21, 2009

Woman Accused of Stealing at the Nursing Home

An employee at a nursing home was arrested and has been charged with stealing from the nursing home and several of its residents. According to the police department after the employee was arrested after the home’s chief long-term care officer reported the center had information showing an employee had been stealing. The woman was taken by the police where she was charged with theft by deception, theft by taking and financial exploitation of the elderly. The employee has been charged with stealing more than $4,000 from the elderly residents. She would take the money for the families and then not deposit them into the appropriate accounts. The police stated that the employee also stole from the facility be taking payment of services not provided to residents. The theft was not from the nursing home, but rather the individual residents. The nursing home stated that applicants go through criminal background checks and that nothing was found on the employee’s record. Criminal background checks are crucial to a nursing home’s process of hiring employees in order to guarantee that they are free from nursing home abuse. This case also highlights that financial exploitation has become one of the most common forms of elderly abuse in these troubling economic times. To read more about the financial exploitation, please click the link.

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Posted In: National Nursing Homes, Abuse, Financial Exploitation, Financial abuse and exploitation

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September 13, 2009

Task Force Gives Advice on How to Protect Seniors

As the wife of Baby Boomers hits 65, the need for elder abuse awareness is hitting an all time high. Elderly people become vulnerable to financial abuse by relatives, caretakers and a range of helpers. Experts in preventing financial exploitation suggest the following safeguards:
 Never advertise for a caretaker, handyman or driver. You should find them through senior centers or other trusted sources
 Get references and hire companies to do a background check
 Make a plan as you age to find someone you trust with your finances
 Consider a professional conservator who has a financial plan that is registered with a judge
 Be careful with newfound friends
 Beware of salespeople who are trying to scare you into buying something at extravagant prices.
Follow these steps to avoid becoming a victim of elderly abuse. If you or a loved one has experienced financial exploitation, consult an Illinois lawyer. To read more about the financial exploitation, please click the link.

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Posted In: Elder Caregivers, Financial Exploitation, Financial abuse and exploitation

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September 12, 2009

New Legislation Passed To Protect Elderly

Financial abuse by someone that an elderly member trusted is now becoming a lot more difficult to do in one state. New legislation that went into effect radically changed the power-of-attorney document. Legislators believed that this elder abuse legislation comes at the perfect time, since financial abuse is one of the fastest growing areas of elder abuse. Now, the power-of-attorney is much more difficult to obtain. Both the principal and the agent must sign the POA and the signature must be notarized. The document specifically states that when you accept the authority to act as an agent, you create a special fiduciary relationship with the principal that imposes legal responsibilities until you resign or the power of attorney is terminated. The principal can also appoint a monitor to insure that they are not the victim of financial exploitation. It also makes it easier to bring a civil suit against an agent who has acted inappropriately. This new elder abuse legislation is extremely important in combating financial abuse, and should be implemented in Illinois. To read more about the new legislation, please click the link.

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Posted In: National Nursing Homes, Financial Exploitation, Financial abuse and exploitation, Legislation

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September 5, 2009

Caretaker Pleads not Guilty to Stealing From Elderly Employer

A woman pled not guilty today to charges that she financially exploited more than $15,000 for a 93-year-old woman for whom she was employed to provide at-home care. The 49-year-old employee is charged with elder financial abuse by a caretaker, a penalty punishable by up to four years in prison. The woman was arrested after her employer’s bank became suspicious about checks that had been deposited and contacted the police. The county’s prosecutor stated that the employee forged 42 checks totality $15,395 from the woman’s account. Financial abuse has become one of the most common forms of elderly abuse. To read more about the financial exploitation, please click the link.

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Posted In: National Nursing Homes, Financial Exploitation, Financial abuse and exploitation

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August 27, 2009

Former Housekeeper Commits Financial Exploitation of Elderly

An elderly abuse lawsuit alleges that a housekeeper cleaned out most of her client’s accounts. It alleges that she took more than $1.4 million from a retired couple with serious medical ailments. The elderly abuse lawsuit claims that the woman bought fancy cruises and a quickie wedding in Vegas with the money she stole from the seniors. In the couple, one had Alzheimer’s and the other was diagnosed with Parkinson’s. This case highlights the growing problem of financial elder abuse. The elderly are particularly susceptible to the financial scams because they often feel isolated and are quick to trust new friends. In one county alone 1,141 cases of financial elder abuse occurred. This does not count other allegations of elder abuse and neglect. To read more about the financial abuse, please click the link.

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Posted In: Failure to Report Abuse, Financial abuse and exploitation

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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