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**** DISCLAIMER

Any Charges Reported on this blog are Merely Accusations and the Defendants are Presumed Innocent Unless and Until Proven Guilty, through the courts.

Showing posts with label Crimes Against elderly. Show all posts
Showing posts with label Crimes Against elderly. Show all posts

August 22, 2015

Financial Aadvising Company Sued for Alleged Securities Fraud and Elder Abuse (CA. USA)


Robbie HargettAug. 14, 2015

Several California residents are suing financial advising company Total Wealth Management over an alleged scheme to obtain funds from its clients under false pretenses.
Albert Calderon, Laurence Gleason, Inga Gleason and Susan Antonucci, among others in the class, filed a class action complaint May 16, 2014, in the Superior Court of California County of San Diego against Total Wealth Management and other defendants in the class, alleging securities fraud, unfair competition, breach of fiduciary duty, constructive trust, conversion and elder abuse.
The complaint alleges that Total Wealth Management and its affiliated companies artificially inflated portfolio values and investors' risk of loss in order to pay themselves higher performance fees.
Plaintiffs seeking to invest in their retirement first heard about TWM's alleged scheme on a San Diego radio program the company conducted.
TWM was also being investigated by the U.S. Securities and Exchange Commission over charges of fraud, which the company did not disclose to investors in the class, according to the complaint.
The complaint states that the plaintiffs would not have invested with TWM had they known the above facts. As a result, the plaintiffs suffered direct financial loss.

The plaintiffs seek damages according to proof and punitive damages on the fraud claims.
SOURCE:     Legal Newsline
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July 23, 2015

Calgary Caregivers Convicted in Shocking Senior Abuse Case Caught on Video

July 21, 2015

The family of an elderly Calgary man who was abused by three caregivers believe the 92-year-old’s death was hastened by his assault, court heard Tuesday.

In a victim impact statement prepared by Ulrich (Uli) Wissner’s son, Peter Wissner said the family suffers the guilt of not making his final days more comfortable.

“Our family believes that Uli’s own life ended sooner as a result of the assault,” the son wrote, in the statement read in by Crown prosecutor Susan Kennedy.

“At the very least the assault resulted in ... the last month of his life being afraid, mostly alone, helpless and angry, instead of comfortable, safe and loved,” he wrote.

The younger Wissner said his father became reluctant to eat, take medications, or receive basic care following the assault on Feb. 7, 2014.

The elder Wissner died March 6, 2014, less than a month after he was attacked by caregivers Maria Dumo, Anjela Borja and May Casimero at the CareWest Garrison Green on Don Ethell Blvd. S.W.

The assault was captured on a surreptitiously placed video camera the son installed after his father repeatedly complained he was being hurt by his caregivers.

“Three individuals have been identified and terminated, but we cannot be certain these were the only ones mistreating Uli,” the son said.


He said the family can no longer take comfort with the belief the victim’s final days were comfortable.

Abridged
SOURCE:      The Calgary Sun

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November 19, 2014

Would You Be Willing To Report A Family Member For Financial Elder Abuse?

It would take some nerve to report an abusive family member to law enforcement.  We also know from the National Center on Elder Abuse that most abusers are family members.  And they tell us that only 44 out of 1000 instances of abuse are reported to authorities.  Why aren’t more cases reported to the very authorities capable of stopping the abusers?
Source:  Forbes

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February 26, 2014

Prosecuting Elder Abuse Bill Goes to Committees

By Cindy Swirko
Staff writer
February 22, 2014

With elder exploitation already a problem in a state rich with seniors, a proposed bill that may make it easier to prosecute cases is making its way through legislative committees.
House Bill 409 proposes to modify existing laws to create a "presumption of exploitation" when someone takes advantage of an elderly or disabled victim. It also would provide criminal penalties for joint holders of a senior or disabled person's bank account who take money for their personal use.
Gainesville attorney Shannon Miller, who specializes in elder law, is part of a panel of lawyers, legislators and others from across Florida who developed the bill.
"When it comes to getting these criminal cases prosecuted we have literally beat our heads against the wall. Before this year we had no prosecutions in Alachua County on elder exploitation cases. None. Not a single prosecution," Miller said. "The problem the prosecutors have had is the statutes are really hard. You have to prove deception and intimidation. This legislation that is pending is literally groundbreaking."
Area prosecutors are mixed on whether proposed changes would help. Eighth Circuit State Attorney Bill Cervone, in Gainesville, believes they would, while Fifth Circuit Assistant State Attorney Mark Simpson, in Ocala, is skeptical. Simpson heads the special prosecutions unit.
The presumption of exploitation would apply when someone is not a family number, has known the victim fewer than two years and a transfer of assets occurred. The victim must be disabled or more than 60 years old.
Miller said no other state has such a presumption.
Cervone said a presumption of exploitation would make it easier to prosecute cases.

Abridged
SOURCE:      Gainsville Sun
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November 20, 2013

Park Hill Woman Faces Elder Abuse Charges

She is accused of mistreating her mother, taking her money

November 16, 2013
By Anita Reding
Phoenix Staff Writer

A Park Hill woman is accused of abusing her mother and is facing felony charges.

Three counts of abuse by caretaker were filed this week in Cherokee County against Ella Milstead, 53, who is the legal guardian of her mother, Opal Murphy.

Court documents state that Milstead physically abused her mother, not providing her medications and using her financial funds for her own personal use.

The Department of Human Services was notified of allegations of caretaker neglect, caretaker abuse, caretaker exploitation, and financial neglect by Ella Milstead, according to court documents. A social worker went to Murphy’s home, which is also in Park Hill, Aug. 19 and Sept. 10. Murphy, who had bruises on her arm and back, told the social worker that “Ella had hit her” and “Ella grabbed her arm and threw her down on the floor.”

Court documents also state that the social worker determined that there were “several medications that Murphy had not been given in months. “

Milstead stated that she is the only one who gives Murphy her medications and told the social worker she is the only person who has control of Murphy’s finances and bank account, the court document states.

When asked multiple times by the social worker to provide bank statements for six months and any receipts or verification showing how she spent her mother’s money on her mother’s care, Milstead provided only four months of bank statements and no receipts or verification. Bank statements also indicated that there were other accounts “ran by Ella of Opal’s money and that account information was not provided, ” documents state.

Murphy owns a trailer park in Park Hill and Milstead has been managing the trailer park, which includes collecting rent,  since she became her mother’s guardian. There are 11 trailers at the park owned by Murphy, and each tenant pays $160 monthly in lot rent. All renters pay with either cash or money orders. Milstead admitted that she cashed the money orders from the renters and did not deposit the lot money in her mother’s account and “there is no indication as to where the cash money went,” court records state.

Milstead said that she quit her job to take care of her mother and that “she is living off Opal’s income,” court documents state. Milstead said that her mother does not have access to her money and said she is the only one with her mother’s debit card and the only one who has access to her mother’s bank account.

Court documents list exploitation totals at $24,881 — $10,566 in Social Security payments, $10,560 in rental property income and $3,755 which was transferred from another account in August.

Milstead is free on $5,000 bond and is scheduled to enter a plea during an initial court appearance Dec. 10, according to Ryan Cannonie, assistant district attorney.

Each felony count is punishable by imprisonment of up to 10 years and/or by a fine up to $10,000, according to court records.

SOURCE:       The Muskogee Phoenix
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October 18, 2013

Focus On Crimes Against Older People in Crown Office Guidelines


14 October 2013

Crimes against older people will be given increased scrutiny under new Scottish prosecution guidelines.
The policy outlines offences including domestic abuse, bogus callers, scams, housebreaking and assault.
The Crown Office and Procurator Fiscal Service focus on crimes of vulnerability or hostility based on age was welcomed by campaigners.
A COPFS spokesman said the policy advocated a strong presumption in favour of prosecution.
The offences covered range from abuse in the home and anti-social behaviour to investment scams and housebreaking, where the fact the occupant is older is exploited by a thief.
Negative impact
The COPFS said the Older People's Policy reflected an ageing population and the negative impact being a victim of crime can have on older people.
Solicitor General for Scotland Lesley Thomson QC said: "No-one should live in fear of crime. Criminals profiting from others is particularly detestable when they prey on the more vulnerable in our society.
"We know from the research that incidents of elder abuse are under-reported to criminal justice authorities.
"Some of the reasons for this include: difficulty in communicating allegations; mental health; fear; embarrassment; or language barriers where the victim's first language is not English."
She added: "The Scottish prosecution service is committed to meet the particular needs of older victims and witnesses and to treat them with the respect they deserve."

Victim Support Scotland and Age Scotland both welcomed the move.
Greg McCracken, from Age Scotland, said: "We would encourage others with a stake in the justice system to consider what steps they should take to take account of older people's specific needs."

SOURCE:       BBC, UK
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August 31, 2013

Elderly Woman Suffers Fracture From Son



by Jessica Fairley
08.27.2013
ALBANY, GA.

A Cordele man is facing elder abuse and neglect charges after a 72-year-old wound up with a neck fracture.
Police believe James Troup-Mothersole neglected his non-speaking mother-in-law while she was in his care.
Officers found bruising and unexplained injuries on the victim.
The suspect denied the abuse but official say the injuries don't align with a fall.
The woman was taken to a hospital in Macon before ending up at the Tift Regional Medical Center.
At this time she's still in the hospital recovering from her injuries


SOURCE:      My SouthWest GA
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July 17, 2013

Third Person Sentenced in Elder Abuse Case


By: WTAJ News
July 16, 2013

HOLLIDAYSBURG, BLAIR COUNTY

A Blair County woman who entered a guilty plea to neglect of a care-dependent person in March was sentenced to three years' probation Tuesday morning.

Majory Koch, 44, of Altoona was sentenced in Blair County Court of Common Pleas. Koch and two others were charged in September 2012 with neglecting an 80-year-old male resident of Warner's Home for the Aged.

In addition to probation, Koch must pay a $400 fine, additional costs, and is prohibited from working in a healthcare related field.

Koch's two co-defendants entered guilty pleas earlier this year and were sentenced to up to 24 months in the Blair County Prison.


SOURCE:        WeAreCentralPA
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June 26, 2013

Financial Elder Abuse Offenders 'Not Just The Young'

24 June, 2013

Stealing money from mum or dad is not just limited to younger people with little or no money, according to Age Concern New Zealand.
This comes after 89-year-old Anthony Marshall, heir to one of America’s original dynasty fortunes, was sent to a New York prison in recent days for looting well over $12 million from his philanthropist mother, Brooke Astor, as her mind deteriorated with Alzheimer’s disease. Astor later died in 2007 at the age of 105.
Age Concern New Zealand chief executive Ann Martin said the case proved financial elder abuse could be caused by people who were already well off, as well as the fact they could be older people themselves.
"Creating awareness that this type of abuse is going on can help prevent it from happening or see it intervened."
Ms Martin said common examples of financial abuse included adult children deciding they were entitled to their inheritance early; or assuming their parents did not need their own house any longer; or taking their older parents money to start a business or for a deposit on a house.
"It often starts simply by having access to their older parent’s Eftpos or credit cards," she said.
"They start off by doing mum's or dad’s shopping and think, ‘well there’s money in the bank and I don’t have that much and they have lots, so I’ll buy something for myself - and it just escalates.
"The thing is for older people to know that abuse is not right and they can get help to stop it. They, or anyone else who suspects financial abuse may be happening, can contact their local Age Concern for information and assistance," Ms Martin said.

SOURCE:       The Voxy NZ
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June 7, 2013

2 Charged In Berkeley Elder Abuse Embezzlement Case

2 charged in Berkeley elder abuse embezzlement case
June 6, 2013
by Emilie Raguso

A Vallejo couple has been charged by the Alameda County district attorney’s office with elder abuse after authorities say they took about $842,000 from their alleged victim, some of which was spent on everything from tuition at UC Berkeley to an Audi luxury coupe. Authorities said some of the money also was spent, legitimately, on the alleged victim’s own living expenses.
Vallejo residents Jeffrey Edward Alexander and Adriana Segurado Rodezno remain in custody at Santa Rita Jail after being arrested on a warrant in San Francisco on May 28.
According to court documents, Alexander met the alleged victim, a 69-year-old Santa Barbara man, in March 2009, after the man’s wife died. Alexander became friends with him and “slowly took over duties assisting him with personal matters. In late 2010 Alexander suggested they move together to Berkeley,” because Alexander’s wife, Rodezno, was going to attend UC Berkeley.
(Rodezno was listed as an undergraduate advisor in UC Berkeley’s Department of Civil and Environmental Engineering in both 2011-12 and 2012-13.
Berkeley Police spokeswoman officer Jennifer Coats said, at one point, all three shared a residence Berkeley, starting in 2010.
In September 2012, the men entered into a business partnership, named McGuffin Holdings after the victim’s cat, and the victim gave Alexander “an investment of $125,000 to use trading foreign currencies,” according to court documents. The man told authorities this was the only large sum of money he knowingly gave Alexander.
Police said Alexander moved a total of about $842,000 from the man’s retirement accounts into his checking account. According to a report written by Berkeley Police detective Alexander McDougall, “Some of this money was undoubtedly spent for Victim’s benefit, including rent on a home, and food and other necessities. However Alexander also spent large sums of money on himself or his wife,” wrote McDougall, including $86,000 for his wife’s UC Berkeley tuition; $17,000 on an Audi luxury coupe; $12,000 on Apple products and computers; $8,000 for personal training sessions for himself and his wife; and $7,200 on a high-end car stereo.
McDougall said in his report that Alexander used the man’s credit card to “support lavish daily spending habits,” which added up to purchases of nearly $400,000.
According to McDougall, the victim became suspicious of Alexander’s activities and reported the possibility of fraud in February. The man said he suffered from mental health issues including attention deficit disorder, depression and post traumatic stress disorder, which affect his ability to carry out normal activities, making him a dependent adult under state law.

Abridged
SOURCE:      The BerkeleySide
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May 23, 2013

Nursing Home Abuse Incident Not Isolated, Say Experts


Angela Mulholland, CTVNews.ca
May 21, 2013

After the release of shocking video of an elderly woman with dementia being subjected to abuse and humiliation at a southern Ontario long-term care facility, many are saying the incident is far from isolated.
Four employees at St. Joseph’s at Fleming long-term care home in Peterborough, Ont. have been suspended after Camille Parent, the son of a resident there, brought hidden camera footage to media outlets Thursday showing his 85-year-old mother Hellen being repeatedly mistreated.
The footage showed a worker taunting Hellen with rags smeared with her feces; another worker repeatedly wrestling and hitting her; and another wiping his nose on her clean sheets.

The nursing home is now conducting an investigation into the incidents, while the provincial government has launched a probe of its own. Peterborough community police are also looking into whether criminal charges might need to be laid.
Montreal-based lawyer Jean-Pierre Menard has handled countless cases of abuse at nursing homes and long-term care facilities including a horrific case against the St-Charles Borromée hospital in Montreal.
A class action lawsuit detailing hundreds of cases of abuse at the facility was launched in 1999. But it wasn’t until 2003, when family members secretly set up tape recorders to capture staff verbally and psychologically abusing residents, that action was finally taken.
That scandal made national headlines and public discussions about the conditions in Quebec nursing homes and may have contributed to the suicide death of the hospital’s director.
Last month, the class action suit was finally settled, leading to the largest settlement of its kind in Canadian history. More than $7 million will be shared by hundreds of residents and the families of residents who have since died during the 13-year investigation.
The settlement is also unique in that it sets aside funds for foundations that are dedicated to educating seniors and patients about their rights.
Menard says he learned during his investigation that a single abusive act at one of these facilities is rarely an isolated incident, and that abuse often starts with small infringements of patients’ rights and then escalates.
He advises patients and their families to denounce the early signs of improper behaviour.
“The zero tolerance policy means all management and employees have to take the side of the patient,” he explains.
Adina Lebo, the chair of the Toronto chapter of the seniors’ advocacy group CARP, says there are currently tens of thousands of Canadians living in nursing homes, and those numbers are only going to rise as baby boomers enter their old age.
She says if family members suspect abuse at their loved ones’ care facilities, they need to report it to the home’s administrator. But she concedes the process of investigation can be long.
“There’s a question about red tape and how long would it have taken if this son had not gone to the media first to expose this,” Lebo told CTV News Channel Monday.
Camille Parent has said he filed several complaints with the home and even went directly to officials at Ontario’s Ministry of Health and Long-Term Care before he took the footage he recorded to a local TV news station.
Ontario's ombudsman André Marin weighed in on the story on Monday as well.
In a statement to CTV News, Marin said: "I encourage everyone to watch Camille parent's hidden camera video. His mother Hellen is depicted in what appears to be a long-term house of horror,” he said.
He added: “What is shown in this video is so egregious, it falls into the criminal domain."
Marin also pointed out that he does not have the authority to monitor and investigate Ontario long-term care homes.
“Unfortunately, Ontario is the only province where the ombudsman is powerless to intervene."
CUPE Ontario (Canadian Union of Public Employees), the union that represents many workers at nursing homes, says many of the problems of abuse at long-term care facilities stem from underfunding and low staffing.
"Imagine how much better care would be and how much safer residents and staff would be if staffing levels were higher, and homes had enough funding so two staff work together during shifts,” CUPE Ontario Secretary-Treasurer Candace Rennick said in a statement late last week.
There have been task forces and training in several provinces to try to prevent abuse at nursing homes, but Lebo says CARP believes the problem is that most provinces do not have watchdogs in place.
“The broader principle is simply that we do not have an independent oversight body -- not the homes investigating themselves but an independent body,” she said.


SOURCE:        CTV NEWS
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April 29, 2013

Toughen Maine Law to Prevent, Fight Financial Exploitation of Elderly


By Tabitha Sagner and Kelly Souder, Special to the BDN

April 21, 2013

It is estimated that by 2030, almost 25 percent of Americans will be 60 years of age or older. Elder financial exploitation harms the dignity, health and economic security of millions of Americans. Each year more than 12,000 Mainers are victims of elder abuse, neglect and financial exploitation. Elder financial abuse is underrecognized, underreported and underprosecuted. It has not been extensively studied, nor is it well understood.
The oldest demographic, those 85 and older, are the fastest increasing population of seniors and have a 30 percent chance of dementia. Many seniors are dependent on others for help. Sometimes, those helpers exercise substantial influence over seniors. To gain compliance with their demands, perpetrators often use threats of withdrawal of love, care, medications, food and social interactions and threaten institutionalization.
By median age, Maine is the oldest state in the nation and has more 300,000 people age 60 years and older. It’s estimated about 38,000 people in Maine are affected with Alzheimer’s disease and that thousands more suffer from other forms of dementia. One of the first symptoms of Alzheimer’s disease is financial difficulty due to loss of abstract thinking. Now that Maine’s baby boomers are reaching the age of retirement, there is an increased risk for more instances of financial exploitation in the coming years.
A 2012 study found the annual financial loss by victims of elder financial abuse is estimated to be at least $2.9 billion dollars nationwide. This creates a burden for state and federal services as the victims’ diminished resources are no longer enough to provide for basic needs and standards of living. This is not only a problem for the victim; the problem falls on the shoulders of all Mainers.
Police investigations of financial exploitation are commonly ceased — often because the perpetrator can demonstrate, via a power of attorney, his or her name on a bank account or other legal document. Often the victim consented to the use of funds, even if doing so left the victim destitute.
LD 527, sponsored by Rep. Mark Dion, D-Portland, proposes three modifications to the current statutes to better protect vulnerable adults.
The first modification is the addition of “dementia or other cognitive impairment” to protect people who are not able to adequately judge their situation and cannot give their consent.
The second modification states that consent cannot be given by “undue influence.” This is sometimes described as a deceptive means to control another person’s decision making. Examining undue influence could mean a more involved process of evaluating the true intentions of the vulnerable adult in the changing of their will, power of attorney, name on a joint account or the voluntary turnover of an asset.
Including the use of undue influence provides an increased incentive for law enforcement and prosecutors to pursue cases involving powers of attorney where the person is left destitute because of the misuse of their only assets by someone who had a right to use the assets.
When a power of attorney is misused in violation of the duty created, it is the same as theft. Currently, regardless of the amounts misused, the crime can only be a misdemeanor. This is where the last modification comes into play. The modification increases the penalty to a felony. If the value of the property is between $1,000 and $10,000, it becomes a Class C crime. If the value of the property is more than $10,000, it becomes a harsher Class B crime. This proposed bill would allow for the legal system to offer more punitive penalties to those who take advantage of our older, vulnerable adults.
Elder abuse in Maine is on the rise. Many seniors rely heavily on low incomes for their feeling of identity and independence. Taking a senior’s money creates a devastating loss. The term “financial violence” is more fitting to describe the horrific impact of financial exploitation. This bill creates the initial steps needed to enable prosecutors and law enforcement to better protect our seniors and vulnerable adults.
For these reasons, we encourage people to contact their legislators and urge them to pass LD 527, An Act to Protect Elders and Vulnerable Adults from Exploitation.

Tabitha Sagner of Old Town and Kelly Souder of Winterport are both Master of Social Workstudents at the University of Maine, set to graduate in May. They are also students in theHartford Partnership Program for Aging Education through the University of Maine Center on Aging.


SOURCE:          Bangor Daily News
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February 11, 2013

Family Speaks Out After Mother Becomes Victim of Elder Abuse


Feb. 7, 2013
By Kerry Kavanaugh

DULUTH, Ga. —
A local family is speaking out after their elderly mother lost her home and all her money, but died before the case ever went to trial.

The woman's son has been in the Gwinnett County Jail for nearly two years, accused of stealing nearly $400,000.
"She was devastated. She could not understand why she had to leave her home," Nan Roberts told Channel 2's Kerry Kavanaugh. Roberts said her mother-in-law suffered through her final days.

"She was terrorized," Fred Roberts said about his mother, Phyllis Roberts.
Duluth police said Phyllis Roberts was financially wiped out by another of her sons, Steven Lee Roberts.
Investigators said Steven Lee Roberts gave himself power of attorney, took close to $400,000 and took off to California.
"She never could comprehend that the money was gone," Nan Roberts said.

The family said she saved her entire life to afford the care required to die at home. She passed away in a nursing home.
"She kept asking, 'What's happening with my property? Can I go home? Is the money coming back?' I always had to put her at bay and say, 'Well, we're working on it,'" said Fred Roberts.
Nearly two years later, the family said delays have kept the case out of court.

Pat King of Georgia's Department of Human Services said her agency is working to change that.

"It's not that unusual a case," King said. "We are doing everything that we can to empower those who respond to the 911 calls and subsequently that will handle these cases."

Kavanaugh found DHS employees speaking to community care providers in Atlanta Thursday. They primarily train first responders and prosecutors on how to identify and promptly investigate elder abuse.

"A lot of them have had their eyes open to what these crimes really look like and how devastating it is for the individual themselves," King said.

"They should be a high priority at this stage of their lives. They worked their whole life and saved their whole lives, [and] someone comes along and takes it," Nan Roberts said.

Kavanaugh spoke to Steven Roberts' defense attorney. She said there has been no deliberate intention to stall the case and said cases cannot be rushed.

At this point, she claims they are ready to go to trial. They are just waiting on a date.


SOURCE:       WSBTV
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November 28, 2012

Radiologic and Physical Findings Identify Elder Abuse (CANADA)


November 27, 2012
Radiologists in Toronto have begun to identify a pattern of injuries that may be indicative of elder abuse, according to a study presented today at the annual meeting of the Radiological Society of North America (RSNA).

According to lead researcher Kieran J. Murphy, M.D., F.R.C.P.C., F.S.I.R., interim radiologist-in-chief at University Health Network in Toronto, Canada, only 2 percent of physical elder abuse is reported by clinicians. "Unlike cases of child abuse, there is very little information available on this subject," Dr. Murphy said. "It's a much neglected area." To aid radiologists in identifying potential cases of elder abuse, Dr. Murphy conducted a literature review and searched databases for elder abuse cases to locate radiologic evidence of the types of injuries found in abuse victims over 60 years old. An analysis of more than 1,100 cases revealed that the most frequent injuries among abused elderly were physical trauma to the face; dental trauma; subdural hematoma, which is collection of blood in the space between the outer layer and middle layers of the covering of the brain; eye and larynx trauma; rib fractures and upper extremity injuries. The analysis also revealed that elderly victims of abuse were most often in a home setting being cared for by non-professionals. "In the cases we reviewed, the abused elderly were often socially isolated, depressed and unkempt," Dr. Murphy said. "The caregivers were not only financially dependent on the elderly person in their care, they were often dealing with their own substance abuse problem." Compared to older adults who were accidently injured, the abused elderly patients were more likely to have brain, head and neck injuries. Autopsy studies revealed that subdural hemorrhages were the cause of death in one-third of elder abuse cases. "Radiologists need to be aware of the pattern of injuries frequently seen in the abused elderly," Dr. Murphy said. "More importantly, we need to integrate the physical and radiological findings with the social context of the patient to help identify those at risk." Provided by Radiological Society of North America


SOURCE:    Radiological Society of North America

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November 21, 2012

Three Rivers Care Taker Held on Suspicion of Abuse of 88-Year-Old Woman

Three Rivers care taker held on suspicion of abuse, assault charges
Nov 19, 2012
Written by Staff report

A Three Rivers woman police said was in charge of caring for an 88-year-old woman was taken into custody Sunday on suspicion of assaulting the elderly woman.
Judy Dovel, whose age wasn’t provided, arrested in suspicion of elder abuse, assault with a deadly weapon and causing great bodily injury. Her bail was set was $100,000.
According to the sheriff’s department, deputies responded to a home in the 42300 block of South Fork Drive for reports of elder abuse.

While investigating the report, deputies learned the woman was taken to a hospital, where she was treated for dislocated fingers and swelling to the brain.
Dovel was located, arrested and booked into the Bob Wiley Detention Facility.
The elderly woman’s name was withheld because she’s violent crime victim.
The incident was reported at 9:20 a.m. Sunday.

 SOURCE:    Visalia Times Delta
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November 20, 2012

Former Pinole Police Official Charged with Fraud

Former Pinole police official charged with fraud
The Associated Press
Nov. 17, 2012
PLEASANTON, Calif.

A former Pinole police official and his wife are facing grand theft and elder abuse charges after authorities say they defrauded an 82-year-old Pleasanton woman by taking control of her finances.
Pleasanton police say on Friday they arrested Matthew Messier on suspicion of grand theft, elder abuse and other charges.
In announcing the arrests, police say the 36-year-old Messier, who lives in Pleasanton, used his position as a Pinole police commander to gain the trust of the woman.
The woman, who lived three doors away from Messier, suffered from what court records describe as a "diminished mental capacity" and an inability to make financial decisions.
Messier had worked for the Pinole Police Department until he resigned on Oct. 23. He was being held on $322,500 bail after pleading not guilty Friday.
A warrant has also been issued for his wife, 30-year-old Elizabeth Regalado.

 SOURCE:         The SacBee
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November 10, 2012

Nurse Sex Video Prompts Elder Abuse Suit (San Diego)

Nurse sex video prompts elder abuse suit
November 06, 2012
 Pauline Repard

SAN DIEGO

Two male registered nurses in San Diego are under investigation after graphic videos showed them apparently engaging in sex acts with a 98-year-old bedridden stroke patient and each other, state officials said Tuesday.
“It appears to show very egregious behavior,” said Russ Heimerich, spokesman for the state Department of Consumer Affairs, which launched an investigation last year. “I don’t know if we’ve ever had a case that has a video like this. We are working to shut them down.”
The District Attorney’s Office is considering criminal charges against Russel O. Torralba and Alfredo V. Ruiz, and their nursing licenses have been suspended pending an administrative hearing next week, authorities said.
In one of several videos, two men in blue nurses’ scrubs can be seen in the female patient’s bedroom fondling each other while one touches her hand. One man then appears to fondle himself over her hand as he leans over and kisses her face.
The patient had paid caregivers for years, but after suffering a stroke and right-side paralysis in 2005, she hired skilled nurses at her home, said attorney William M. Berman, who has been hired by the woman’s family.
Berman said the woman’s daughter went through AMS Home Care Solutions in February 2011 to hire two 12-hour shift registered nurses at a rate of $1,300 a day. The daughter began to suspect that her mother was not being cared for properly, but complaints to the company went nowhere, Berman said.
About two weeks later, family members viewed video from security cameras that had been installed in the woman’s home years earlier, Berman said.
“What they saw was horrific,” said Berman, who specializes in elder abuse lawsuits. “These acts are unfathomable.”
He said videos show the men sexually gratifying one another and touching the woman, even putting her hand inside the pants of one of the men.
The daughter hired Berman to sue AMS, Ruiz and Torralba for alleged fraud, elder abuse and negligent supervision. The suit was filed in June in San Diego Superior Court and is set for trial Jan. 14, Berman said.
“It’s not about the money, it’s about dignity and accountability, to ensure this doesn’t happen to anyone else,” Berman said.
The woman, who is now 99 years old, is aware of herself and her surroundings but is unable to call out for help, Berman said.
Attorneys for AMS, Ruiz and Torralba could not be reached by phone Tuesday afternoon.
The family filed a complaint with state Consumer Affairs in April 2011. The agency sent the case to county prosecutors in July of this year, and it is still under review, district attorney spokesman Steve Walker said Tuesday.
State spokesman Heimerich said an administrative law judge ordered an interim suspension of Ruiz’s and Torralba’s nursing licenses on Oct. 24. Under terms of the suspension, they may still work as nurses in a hospital setting, but not together, and not in private homes or facilities.
A hearing on permanent suspension of their licenses is set for Nov. 14, Heimerich said.

SOURCE:       The NC Times
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Care Home Boss Says Case 'Sends Message' UK

November 09, 2012
Plymouth Herald

THE BOSS of the nursing home where a carer stole more than £3,000 from an elderly resident has welcomed her suspended prison sentence.
Tina Cox, aged 47, took the bank card from the 90-year-old woman and used it repeatedly to withdraw hundreds of pounds.
Cox, of Cockington Crescent, Leigham, admitted theft of £3,600 at the Lelant Nursing Home in Mannamead between April and July.
Plymouth magistrates gave her a four-month jail term suspended for 12 months and ordered her to do 200 hours unpaid work. She must pay back all the money she stole.
Ian Taylor, managing director of the Pilling Care Group, which owns the home, said after the case that she had been dismissed as soon as her crimes were discovered.
He added: "This sends a very clear message out that this behaviour will not be tolerated by us or indeed any care home.
"We have got strict security procedures in place and we have tightened them further. This is a very sad case.
"This is the first time we have had anything like this in any of our homes and we hope it will be the last."
Mr Taylor said the lady had been repeatedly advised to lock her bank card in the safe.
He added: "She can become a bit confused at times, but she has not been affected by this at all."
The court heard Cox used the card to withdraw hundreds of pounds on a dozen occasions. It was three months before the thefts were noticed. Police identified her from CCTV footage at a cash machine.

 SOURCE:        ThisIsPlymouth, UK
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October 22, 2012

Man Accused of Elder Abuse, Scam Appears in Court

By Jess Sullivan
October 20, 2012

FAIRFIELD — A 62-year-old Vacaville man pleaded not guilty Friday to felony theft and elder abuse charges for allegedly scamming an elderly woman out of more than $100,000.
Frank J. Bosnich allegedly pilfered the money in May and June, enticing the victim to give him money with promises that she was a sweepstakes winner and would receive her prize once the money had been used to obtain her winnings, according to the prosecutor handling the case.
Bosnich, who is being held in jail on $50,000 bail, was ordered back to court Oct. 29 for a probable cause hearing.
Authorities believe Bosnich may have victimized others with a similar scam. Anyone with information about the fraud or who may have been the victim of a similar fraud is asked to call Detective Chris Lechuga at 449-5269.

SOURCE:     The Daily Republic

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August 10, 2012

Documents Show Woman Previously Posed as Licensed Caregiver (USA)

Documents Show Fair Oaks Woman Previously Posed As Licensed Caregiver
August 8, 2012

SACRAMENTO (CBS13)
New revelations have surfaced about a woman accused of elder abuse after her patient died in her care.
Naquita Trotter is the mother of Moses Trotter, the suspect accused of breaking into an elderly woman’s Fair Oaks house and beating her to death. Deputies arrested him outside the home naked and covered in blood.
Naquita Trotter was arrested last month when she showed up to her son’s court hearing.
Investigators say she had been on the run since 2009, after pleading no contest to elder abuse and impersonating a nursing assistant.
CBS13 has learned those charges stem from the death of elderly patient Mattie Crawford. She died in January 2008 from neglect with bed sores that exposed muscle, bone and tendons.
The court document says Trotter posed as a certified caregiver, deceiving Crawford’s sons.
It says “Trotter assured them she qualified as a licensed vocational nurse and certified nurses assistant to provide such home care when in fact she was not.”
The document also states Trotter hired other unqualified workers and told them to use household bleach to treat Crawford’s wounds.

 SOURCE:        The Sacramento,CBS Local
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Any Charges Reported on this blog are Merely Accusations and the Defendants are Presumed Innocent Unless and Until Proven Guilty.

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