Elderly and Vulnerable Person Exploitation Case Studies€¢EMBC stands for Eugene Burger Management...

Elderly and Vulnerable

Person Exploitation –

Case Studies

Jay P. Raman

Chief Deputy District Attorney

Appealing/Appalling cases• The public hates people who abuse elderly and vulnerable

people• Nest egg

• No position to remake the money

• Family members are mad + inheritance

• Feel sorry for the Victim, punish the suspect

• People also wouldn’t want this to happen to them/their family members when they get older or vulnerable (Jury appeal)

We can do it• NRS 200.5092 allows for broad spectrum of criminal activity

to be prosecuted as Elder / Vulnerable Person Exploitation or Abuse

• The penalties (most severe provide for 8-20 years prison, per count) are rightfully harsh

Elderly victims

• Many older victims will fall into both categories of victim

• A: Older (60 years or older)

• B: Vulnerable

• “Vulnerable person” means a person 18 years of age or older who:

• (a) Suffers from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or

• (b) Has one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living.

General Principles

• Older people are treated the same as vulnerable, because it is presumed that they are susceptible to the same abuse vulnerable people are – because many of them are undiagnosed vulnerable as well.

• Common aging diseases make them more vulnerable

• We only need one, remember age or mental /physical issue

Elder/Vulnerable Exploitation: The Law“Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:

(a) Obtain control, through deception, intimidation or undue influence, over the older person’s or vulnerable person’s money, assets or property with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property; or

(b) Convert money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property.

• NRS 200.5092

Undue Influence

Undue Influence

• General definition of Exploitation (from statute):• “Exploitation” means any act taken by a person who has the

trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:

• (a) Obtain control, through deception, intimidation or undue influence, over the older person’s or vulnerable person’s money, assets or property with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property; or

• (b) Convert money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property.

Undue Influence

• Undue influence has to do with people, often perpetrators, using their personal power to exploit others.

• Often used to commit financial exploitation

• Differs from persuasion or salesmanship in that undue influence is the substitution of one person’s will for the true desires of the other

• The use of undue influence may include fraud, duress, threats and other types of deceptions

Undue Influence

•Definition•As used in this subsection, “undue influence” does not

include the normal influence that one member of a family has over another.•Now – 2015 Legislature Defines “Undue Influence” as:• The improper use of power or trust in a way that

deprives a person of his or her free will and substitutes the objectives of another person

Undue Influence Unnecessary

• Do not need to prove “undue influence” in the following circumstances:

• “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:

• (a) Obtain control, through deception, intimidation or undue influence, over the older person’s or vulnerable person’s money, assets or property with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property; or

• (b) Convert money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property.

Undue Influence Unnecessary

• Do not need to prove “undue influence” in the following circumstances:

• If the person is vulnerable to the point where they would not otherwise be able to give lawful, reasoned consent

- IF a person cannot handle their own affairs, daily living

Undue Influence

•Characteristics of victims:

•physical disability, dependency, isolation, grief, depression, and a trusting nature

• It is not uncommon for financial abuse issues to emerge in cases that began with other types of allegations (physical abuse / neglect)

Case Study: Mitchell Liebman


Facts

• Victim – Edward Quilty (Age 93)

• Edward Quilty had been a resident living at 2700 Clark Towers, also known as Gray Plunkett Jydstrup Senior Living

• February 24, 2015, Quilty is transported to UMC Hospital for medical issues, and continues to be in the hospital for many months

• May 20, 2015 a doctor reviews Quilty’s condition, decides Quilty needs to be placed into guardianship – Clark County Public Guardian appointed


Facts

• Edward Quilty suffers from Dementia – other health issues

• In June 2015 – CC Public Guardian reports to LVMPD that Quilty is a victim of debit card fraud

• Transactions had been occurring on Quilty’s accounts throughout his stay in the hospital – no brainer

• LVMPD investigates, grand jury subpoena for all transactions and video surveillance, Jan 2015 – July 2015


Findings

• – Transactions begin immediately after Quilty is admitted to UMC

• Bank (Quilty’s bank) showed losses from these withdrawals and transactions on multiple accounts:

• Retail transactions, account #1: $44,731.74

• Retail transactions, account #2: $15,551.64

• ATM withdrawals (total): $9,500

• Total stolen $69,783.38 (account drawn down to negative balance)


Findings

• Surveillance video – shows heavy-set bald white male

• Suspect wears shirt with “EMBC” embroidered on pocket

• EMBC stands for Eugene Burger Management Company

• EMBC is the maintenance company for Gray Plunkett Jydstrup Senior Living

• Police observe the suspect exiting a Lincoln vehicle at the Senior living – arriving for work

• DMV on vehicle shows it to Mitchell Liebman - match


Interviews

- Edward Quilty was interview by police at UMC- Says he does not know Mitchell Liebman, did not allow him to withdraw

money from his bank accounts

- Mitchell Liebman arrested / interviewed 9/3/15- Says he knew taking money from Quilty’s accounts wrong, but thought Quilty

was going to die when he was taken to UMC

- Says that before Quilty was taken to UMC, he gave him his debit card so thathe could go get grocery's for Quilty

- Saw how much money Quilty had in bank, spent it shopping, gambling, etc.


Fate:

In quick fashion, pled guilty to Exploitation of Elderly

Sentenced to 26 to 65 months in prison


Lessons:

• Strict company policies should be enacted and publicized thatworkers around elderly / vulnerable people should never handle theircheckbooks, credit cards, debit cards, or cash – even if they ask

• Should a elder or vulnerable person ask, there should be a process inplace to assess why the person would need help, and if there areadditional services that should be provided

Case Study: Khang Dang


Facts

• Victim Jay Gurian lived in the Atria Senior Living Center

• Another resident there introduced Gurian to his friend – Khang Dang

• Dang presented himself as an accountant, and had a very friendlydemeanor

• Gurian was having IRS problems, Dang offered to help

• Dang went with Gurian to the IRS offices, discovered that Gurianhadn’t filed taxes since 2008


Facts

• Dang helped him file back-tax returns

• Dang was helpful in getting occasional comps at hotel/casinos whenGurian had family visit

• Dang earned Guarian’s trust through the IRS help, trusted him withhis personal finances

• Dang told Gurian that there ‘was a problem’ with California Tax Boardtrying to garnish his account because of tax problems


Facts

• Dang advised Gurian to move money from IRA to the bank account, andwithdraw all of it

• Dang advised Gurian to go to the bank, withdraw funds, and give it to Dangto deposit in a ‘safe’ account

• April through May 2012, Dang advised Gurian to withdraw money, on adaily basis $1000-$5000, sometimes multiple times a day (Credit Unions)

• By June 2012 there was no money left in Gurian’s bank accounts

• Dang advised Gurian that he was investing Gurian’s money, showed himprospectus for CDs and other investments


Findings

• When later reported, police subpoena surveillance

• Several times, Dang is seen standing next to Gurian when he iswithdrawing money

• Dang is seen at the ATM withdrawing Gurian’s money without Gurianpresent

• Gurian confronted Dang about what happened with money, Dangprovided fake list of what became of money


Findings

• Khang Dang is a multiple felon for securities fraud x3, many otherfraud arrests (not an accountant)

• Surveillance is found that the friend who introduced Dang to Gurian isseen being wheeled to the bank by Dang, and negotiating bad checkswith Dang right there

• Atria personal said that Dang was still spending time with the friend,and was possibly living with him at Atria

• Total Stolen from Gurian: $185,043.40


Fate

• Pled Guilty to Theft (B felony) x2

• Sentenced to 4-10 years in prison; consecutive to parole case


Lesson that can be learned

• Care facilities should be weary of non-family members (or even familymembers) who loiter about senior living complexes, overly friendlywith residents / or may be residing with them!• Simple, light conversation could be made with resident about their new

friend, what he does, etc. – gain information• If person is frequently there, possibly background check?

• Red flags should have been raised with Credit Union (lawenforcement contacted) with the daily cash withdrawals andpresence of Dang with elderly person

Case Study: Valarie Bruno

Case Study: Valerie Bruno

Facts

• Victim, Farrell Walker 84, resides in Riverside, CA

• His wife passed away several years back (lives alone)

• April 15, 2015 LVMPD Responded to bank because circumstancessuspicious, he is trying to withdraw $7,000 and with suspicious andimpatient female (Bruno)

• Bank personnel recognize Walker and Bruno from March 6, 2015 visitto bank that was suspicious, was trying to purchase a motorhome


Facts

• On the April 15, 2015 visit, the same bank representative askedWalker about the motorhome he had previously purchased – said hedidn’t have it, he lived at Budget Suites

• Bank representative takes Walker into her office as she suspectsexploitation

• 20 minutes elapses, Bruno comes in from Taxi outside, inquires what'staking so long. Bank representative says they are just verifying things,asks for ID – she flees


Facts

• Police interview Walker soon after

• He said he is supposed to marry one of the girls, the younger one (21y.o.), thinks her name is Elaine

• Said he regularly withdraws money for her, pays bills for her

• Walker could not say the names of his children, deceased wife of 40years, or his address.

• Walker transported to hospital, diagnosed with advanced dementia,assigned a public guardian


Facts

• Police track down ATM and bank surveillance from transactionregister of Walker’s


Facts

• Police track down surveillance from Taxi that Walker may have comein


Other finds

• Odd activity shows his travels (bank statements)

• Charges in November 2014 show a trip out to Las Vegas, NV

• Back in Riverside in December 2014

• Late December, rental of a U-Haul, gas purchase in Barstow, CA(heading to Vegas)

• Walker is living in several weekly’s in Las Vegas between January andApril, 2015

• Reoccurring charges for XM Satellite Radio & Onstar – has a car,nowhere to be found


Fate

• Valarie Bruno just pled guilty, to be sentenced in a month (RTA)

• Was on probation at the time for ID Theft (revoked as a result of thiscase)

• Arrest Warrant outstanding for sister, Brandy Bruno


Lessons that can be learned

• Bank personnel did a good job at remembering suspicious circumstances,isolating Victim from suspect, trying to ID suspect, and contacting police(Cathay Bank)

• Entirely likely that these two, Valerie & Brandy Bruno kidnapped andmoved Walker to Las Vegas for the purpose of exploiting him financially

• Unacceptable that nobody was keeping tabs on Walker in So. Cal (family,friends, neighbors)

• Taxi driver should have reported what he saw, completely suspiciousactivity, same driver each time

• Good case for multiple sources of surveillance

Case Study: Karen Furlough


Facts

• Victim Delores Hales met Karen Furlough working at an oil companyin her native Oklahoma

• Hales had worked there for 24 years, Furlough came in as a temp

• Furlough told co-workers that her three children died along with herfather in a car accident (garnered sympathy)

• Furlough said her grandfather was a rich baron from England, had lefther a lot of money

• Furlough told people that her mother-in-law had stolen her identity,hence she had credit problems


Facts

• Hales’ husband passed away, and Hales’ son unexpectedly passedaway (vulnerable)

• Furlough became much closer with Hales, brought her flowers on aregular basis, baked for her, came to her home

• Furlough created rifts between Hales and her daughter-in-law sayingthe funeral was not being properly handled

• Furlough diverted Hales from her regular church attendance

• Threw lots of parties, took her out to expensive restaurants, trips


Facts

• January 2013, Furlough went to Las Vegas, NV – alone

• Returns, tells Hales that she received a wonderful job offer fromformer boss “Billie” at the Bellagio, work as an engineer for computermainframe

• Job came with a large house, pool, and guest house

• Suggests Hales come out with her to Las Vegas – says climate wouldbe better for her health

• While on the trip, Hales slips on the floor and has to go to thehospital – Furlough convinces Hales that she should have a POA


Facts

• Furlough rents a property on W. Cactus (large home), tells landlordthat she made $3,000,000 /yr., and rent of $3800/mo. was noproblem

• Landlord later has to evict them because of non-payment of rent


Discovery

• May 2013 – Aging and Disability Services (ADSD) is contacted by OneNevada Credit Union about red flags

• Customer, Karen Furlough, is receiving large deposits from IRA ofanother person, an elderly person named Delores Hales

• Large withdrawals, short time period

• Social worker goes to the Cactus residence on June 3, 2013

• Told Hales that Furlough had been withdrawing large sums of money

• Hales did not believe that her friend Furlough would be capable of it,said she would address it with Furlough


Discovery

• Hales confronted Furlough, and she denied everything

• Two days later, Furlough said she had to borrow the money forgallbladder surgery

• Furlough had withdrawn $175,000 from Hales’ IRA, $9,884 fromchecking, leaving Hales with $81.03

• All rent paid for the Cactus residence was paid from Hales money


Discovery

• Furlough opened multiple credit cards with Hale’s identity, usingthem to through the initial parties, restaurant visits, and trips ($38kbalances)

• Furlough did not get gallbladder surgery, she got lipo and a tummytuck

• Furlough purchased a hot tub, a Hummer, a Polaris dune buggy, and amotorhome with the money

• Furlough also stole valuable heirlooms from Hales, antique guns, coincollection


Discovery

• The family history all lies – kids, parents, all alive and well

• No rich grandfather baron (shocker)

• Furlough was a multiple felon, Forged Financial Instruments, BankFraud


Fate

• Karen Furlough pled guilty to Theft (B Felony) and Forgery

• She was sentenced to 4-10 years in prison



• This is a great example of where the bank sees the red-flags, notifiesthe appropriate agency to investigate – kudos to One Nevada CreditUnion

• Maybe banks should have built in safeguards, much like the morevigilant credit card companies (Amex) to alert when there is unusualor large withdrawals taking place

• There was nothing wrong with Dolores Hales (mentally or physically)other than she was preyed upon and too trusting

Case Study: Patience Bristol

Case Study: Patience Bristol

Facts

• Well established Private Professional Guardian working for guardianship company / running her own also

• Previous employment at Clark County Public Guardian’s Office, CPS

Patience Bristol: Victims Ly and Nguyen

• -An Thi Ly was a vulnerable person, age 55

• -Lung Van Nguyen was an elderly/vulnerable person, age 80

• Ly and Nguyen were a married couple

• Ly would care for her husband, Nguyen as she was in better health and he was in poor health

• Ly suffered a stroke which rendered her unable to communicate and incompetent to manage her own affairs• A doctor at Spring Valley Hospital conducted the evaluation, made

determination


• Nguyen suffered from advanced dementia• Diagnosed by a doctor

• When Ly was hospitalized and no one to care for Nguyen he was admitted to a care facility for hospice care

Timeline

• March 4, 2013 – Patience Bristol appointed guardian for Ly

• March 20, 2013 – Patience Bristol appointed guardian for Nguyen

• May 25, 2013 – Nguyen dies

• (Patience Bristol is guardian for Nguyen only for approximately 2 mo.)


• When Bristol was appointed in March 2013 Ly and Nguyen’s combined liquid assets were $243,000 in two bank accounts

• Bristol closed those accounts, transferred to another bank account on March 20, 2013 (same day appointed for Nguyen), Bristol is sole signer “Anh Thy Ly c/o Patience M. Bristol, Guardian”

• May 9, 2013 Bristol closes the Bank account, transfers to another Bank

• Between March 20 and June 11, 2013, Bristol removes over $155,000 through a serious of cash withdrawals and check payments

• Only $52,000 was used for the benefit of Ly & Nguyen

Patience Bristol: Victim Dutton

• Jean Dutton, a vulnerable person age 50, was appointed a guardian in 2010 – Patience Bristol

• Dutton’s money was at same bank from 2010 – March 2013

• Bristol then moves the money to another bank, and then two months later moves the money to yet another bank

• Dutton had approximately $100,000 at the time the money was moved


• Bristol removed $32,000 over 46 transactions from March to June 2013

• This occurred sometimes on a daily basis

• Many of the cash withdrawal slips had notations such as “medications,” “personal spending,” and “personal items” suggesting it was used for the benefit of Dutton

• Dutton was interviewed in August 2013 – said during that timeframe had seen Bristol only 1x

- She provided him with nothing

- Facility Dutton stayed at confirmed the same, they had to step in and provide hygiene items because guardian wasn’t


- During the timeframe, Bristol paid less than $1,000 for the benefit of Dutton (phone bill, bank fees, and an assistant)

- Bristol paid herself $5,792.00 for guardianship services during the period

- Yet she did not meet with Dutton or provide any guardianship services on his behalf

- Was not even returning Dutton’s phone calls

- Total amount stolen from Dutton

$38,494

Patience Bristol: Victim Berger

- Kristina Berger was a vulnerable person who’s previous guardian was her mother, until her mother passed away in 2008

- Patience Bristol was appointed successor guardian

- In March 2013 two check were deposited in Berger's bank account, $5,000 from Berger’s father, and $500 from her special needs trust

- All of the money was withdrawn through 16 cash withdrawals in March and April 2013

- Berger had not seen Bristol from February 2013 to May 2013, in May Bristol gave Berger three small checks for personal needs – they bounced


- Besides stealing the $5,500, Bristol:

- Took personal property that belonged to Berger, including heirlooms and other jewelry

- Bristol took 57 items of her and Dutton’s and pawned them at pawnshops all of the valley

- After all of this, Berger was able to identify only 12 of her items at pawnshops

- For those 12 items that could be identified, Bristol had received $5,000 from pawnshops

- Search warrant of Bristol's home uncovered several more pieces of Berger’s and Dutton’s jewelry


- The approximately 30 pieces of jewelry taken from Berger were valued at $47,873

- Emotional impact of this Victim’s case more damaging that the financial impact – Mother’s jewelry

- Berger said that Bristol had been emotionally terrorizing her

- Berger’s father only sent the $5,500 (later stolen) at the request of Bristol, saying that she needed the money to meet Berger’s basic needs

Patience Bristol: Victims

When Bristol was later interviewed:

- Admitted she had a gambling problem, spent much of her wards money at bars around the valley

- Admitted that she falsely represented money taken that should have gone to funeral expenses (for Nguyen) or pre-need burial policy

Total amount stolen from

Ly and Nguyen: $102,511

Dutton: $38,494

Berger: $19,475*

Patience Bristol: Fate

- Patience Bristol was charged with numerous counts of Exploitation of Elderly, Exploitation of Vulnerable, Burglary, and Obtaining Money Under False Pretenses

- In relatively quick fashion, she pled guilty to Exploitation of Elderly/Vulnerable Person

- She is serving 3-8 years in prison

Patience Bristol


- The guardianship system in Nevada, and especially Clark County was extremely flawed – 2015 Legislature implemented major changes, Guardianship Commission is making further changes

- In Dutton’s case, care facility should have told EPS that guardian wasn’t visiting or providing for hygiene needs – red flag ignored

- Red flags were raised with the withdrawal and movement of wards monies. Uneven response. One bank was concerned, let Bristol take all the money out – other bank was concerned, froze the account.

- More oversight is needed on the people who act as guardian for those legally declared incapable of managing their affairs

Case Study: Delano McKenzie


Facts

- Delano McKenzie was arrested in Montana for defrauding senior citizens of money in a lottery scam

- McKenzie ended up in Montana after a creative detective lured him out to do an in person cash pickup

- McKenzie’s belongings were searched, cell phone looked in and correspondence found

- John Weirick (age 83) of Las Vegas, phone number was in McKenzie’s phone

- LVMPD followed up


Facts

- Around the same time that McKenzie was detained in Montana, a UPS Store worker contacted the police about exploitation

- Worker inquired of Weirick about what he was doing, said he had won the “Sweepstakes Club”, had been talking to Ms. Stacey Brown

- Said total winnings were $3mil, just had to pay fees and taxes

- Weirick was sending credit card authorizations to recipients claiming to be representatives of the Sweepstakes Club

- UPS Store worker tried to warn Weirick – wouldn’t listen


Facts

- Broker for Weirick also notified police that her client was withdrawinglarge amounts of money

- Interesting info Weirick told his broker – Sweepstakes company toldWeirick to change his phone number (monthly) – (form of isolationfrom a distance)

- Weirick was interviewed by police, although in suspect mental state, heand his girlfriend said that initial notification of lottery win was an in-person visitor


Search of McKenzie’s belongings


Facts

- Weirick sent $229,290 to multiple individuals in this scam


Fate

- McKenzie was extradited from Montana

- Pled guilty to Theft

- Sentenced to Probation with 9 months jail time up front

- Triggered probation violation in Montana

- Then will be deported to Jamaica

- ** Why so low? Victim issues + could not directly tie the money beingsent to McKenzie – was likely a crew based upon multiple states moneysent to



- Broker, UPS store worker both acted appropriately under thecircumstances

- Lottery scams, Nigerian prince scams, prey on the most gullible insociety – engineered that way, very hard to stop stupid people fromdoing stupid things

- Idea: Brochure in places like UPS Stores, Banks, USPS, Senior homestitled “Notified that you have won the lottery? It’s a SCAM!”

Case Study: Rick Fidone & Bruce Vallo


Facts

• Delma Kirby (age 84) lived in a trailer park, had been widowed several years prior – only relatives lived in South Dakota

• Once Kirby’s husband passed away, Fidone and Vallo (her neighbors) became a lot more close with her

• Kirby’s health was not the best, she had home healthcare and then home hospice workers present every day

• Despite the many services she received, Fidone and Vallo declared themselves caretakers of Kirby


Facts

• Two power of attorneys were executed for Kirby, one on October 13, 2012 and one on December 1, 2012

• While she was in a medical facility and under hospice care, no physicians affidavit accompanied the POAs (required, makes void)

• January 4, 2013 Fidone goes to Kirby’s bank, cashes out Kirby’s IRAs -$419,216.10 and deposits in Kirby’s checking account

• January 5, 2013 Fidone goes to bank, transfers the $419,216.10 to his own newly opened account

• While doing so, brags to the teller that he’s going to buy a house, car, etc.


Facts

• January 7, 2013 – Delma Kirby dies, Fidone reports the death (is only one present at time)

• That day (pre-death) Fidone & Vallo are told by social worker that power of attorney is void when patient dies

• Fidone quickly signs affidavit that he has authority to authorize cremation - done

• Several months after Kirby’s death, Fidone uses POA to tap another $6,000 from Kirby’s accounts


Investigation

• August 1, 2013 – John Cahill, Clark County Public Administrator files a report with LVMPD about what he has discovered

• Uncovered POAs, bank transactions, order of cremation, medical records of Kirby

• Cahill asked Fidone why he took the money, Fidone said Kirby had given him the money

• Cahill asked if he had anything in writing that stated that, Fidone decided he needed a lawyer


Investigation

• Money spent in the following ways:

• Manufactured home purchased $77k

• Annuity purchased $200k, quickly cashed out ($175k back)

• Volkswagen Passat purchased $23k

• Motorcycle purchased $7k

• Fidone went to trucker school $unk

• Investment in nieces' chiropractor franchise $100k (lost)


Fate

• Fidone pled guilty to Theft (B Felony) serving 18 to 60 mo. in prison

• Vallo pled guilty to Theft (C Felony), granted probation (very little direct evidence on Vallo)

• Seem like a low sentence? We recovered for the estate: The home, the car, the motorcycle, $75,000 cash, and got prison. Vallo can get a reduction if the $100,000 investment is repaid. If not, he stays a felon



- NRS 162A.220 requires if in medical facility, physician’s affidavit required to make POA valid (Kirby was in rehab hospital on Oct POA)

- Bank official who did December POA was completely lacking in judgement – Kirby was not well enough to leave car, he went out to the car and notarized it from the window in the parking lot & never logged it in his notarial journal

- Teller who was present when Fidone transferred money and bragging should have not allowed transaction, called authorities

- Bank should have raised red flags with several months post-death transaction on Kirby’s account


Lessons:

- More oversight should be put on the affidavit to cremate

- I contacted LVMPD homicide to investigate when I fully understood the circumstances and timeline

- Without a body (autopsy), and person under hospice, very difficult to pursue this as homicide

- Kirby was being prescribed some of the most potent opiate painkillers available. With access, Fidone or Vallo could have easily slipped her a little too much

- Information sharing with coroner investigator / LE

Case Study: Nelida Mendoza


Facts

- Recently prosecuted in two cases

- Worked as a professional caregiver for the elderly, with Bright Star Care

- First victim, LouElla Boise (DOB 1942) was in home hospice dying ofcancer

- Mendoza was her caregiver, stole victim’s ATM card and transacted 29withdrawals from her bank account, normally for $400 each. 3 Moperiod.

- Total stolen, $10,400

- Son, Douglas Boise went to the bank after discovering strange patternof banking activity, and reviewed surveillance footage (Wells Fargo)


Facts

- Separate victim, Joan Travis (DOB 1939) was another person Mendozawas caregiver for

- Stole the debit card, and likely the PIN from the mail

- 51 times hit the ATM for max money withdrawals

- Also wrote fraudulent checks on victims account

- $18,861 in ATM and check fraud

- Mendoza interviewed, “yes, could be, … to be honest around $5,000”


Facts

- Daughter of Joan Travis testified that she believed Mendoza

- Drugged her mom to keep her dazed so she could conduct theseactivities, with excessive prescription pills


Fate

- In $10,400 case – 24-60 months in prison on AttemptExploitation

- In $18,861 case – 48-120 months in prison on Exploitation ofElderly c/c

- Less than $30,000 in damage = 4 to 10 years in prison


Lessons:

If a caregiver is in the home, try to have surveillance in as manyareas as possible

Have duplicate banking records sent to trusted relative’s home

Even though going through an agency is the correct way, justmeans they passed an initial background check – still could beharm

Case Study: Helen Natko


• Facts

• Went to trial on this case 1 month ago

• Natko was in a 33 year relationship with victim, Delford Mencarelli

• Delford had a diminished capacity due to Alzheimer’s dementia

• Post diminished capacity, Natko transferred over $200,000 fromDelford’s Pennsylvania bank to a local credit union

• Converted the credit union account to joint


• Facts

• After a bit of isolation and hiding Delford’s condition from his daughter,daughter initiated guardianship proceedings for her dad

• In response to that, Natko withdrew and transferred to herself$195,000 of Delford’s money

• Later, when she got an attorney to represent her in guardianship, shereplaced the $195,000 back into the account

• Statements she made were that she was ‘entitled’ to the money, calledit her money


Result

• 6 day jury trial, 2 ½ hrs of deliberations.

• GUILTY ALL, Exploitation >$5,000 and Theft >$3500

Final thoughts• Elder Exploitation is a problem that is being severely neglected –

we all need to do a better job and dedicate more resources to this problem

• Non-family elder abuse – if you don’t pursue the suspect, they will likely victimize someone else

• Look for physical abuse, psychological abuse, neglect, being present in financial exploitation cases – often multiple abuses present

Final thoughts• Even if you aren’t designated as a “mandatory reporter” of

suspected elder abuse – you should report it (consequences)

• NRS Banks 657.220-290; Credit Unions NRS 678.767-779

• Be creative, think outside the box - Elder / Vulnerable Exploitation cases are puzzles, but if you try you can solve them

• Elder Abuse Task force

• Certificate recognition program

•Email: [email protected]

Elderly and Vulnerable Person Exploitation Case Studies€¢EMBC stands for Eugene Burger Management...

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Transcript of Elderly and Vulnerable Person Exploitation Case Studies€¢EMBC stands for Eugene Burger Management...