Thursday, December 20, 2007
legalities about personal stories
While we will present personal stories about alleged abuses, Irene A. Masiello, Paradise Costs--A Victim's Daughter Fights Back Against Elder Abuse or the Starlight Network News, Inc (SNN) has no personal knowledge of, or concerning the statements made above and have conducted no independent investigation as to the truthfulness or accuracy of those statements. The author of the statements is solely responsible for the content of those statements and all facts, observations, theories and opinions expressed in those statements. These are a version of events based upon the declarations and alleged declarations of aggrieved parties. No final judgment has been made concerning the credibility of any or all of these statements nor is one being made, expressly or impliedly, by their publication here nor can one be made without a complete, independent investigation. We urge you to report all suspected offenses of elder abuse, exploitation or neglect to your state and local law enforcement authorities. Thank you
Sunday, December 16, 2007
Department of Justice document used in research purposes in Paradise Costs
from "SOURCES" in Paradise Costs--A Victim's Daughter Fights Back Against Elder Abuse
UNITED STATES DEPARTMENT OF JUSTICE DOCUMENT:
Johnson, Kelly Dedel, Financial Crimes Against the Elderly, (2003) Office of Community Oriented Policing Services, US Department of Justice. http://www.cops.usdoj.gov/txt/pop/e07042443.txt
"Financial crimes against the elderly fall under two general categories: fraud committed by strangers, and financial exploitation by relatives and caregivers. These categories sometimes overlap in terms of target selection and the means used to commit the crime. However, the differences in the offender-victim relationships suggest different methods for analyzing and responding to the problem.
Fraud Committed by Strangers: Fraud generally involves deliberately deceiving the victim with the promise of goods, services, or other benefits that are nonexistent, unnecessary, never intended to be provided, or grossly misrepresented. There are hundreds of frauds, but offenders generally use a small subset of these against the elderly. The frauds typically occur within a few interactions.
• Prizes and sweepstakes. These frauds generally involve informing the victim that he or she could win, or has already won, a "valuable" prize or a lot of money. The victim is required to send in money to cover taxes, shipping, or processing fees. The prize may never be delivered or, if so, is usually costume jewelry or cheap electronic equipment worth less than the money paid to retrieve it.
• Investments. Because many seniors live on fixed incomes, they often want to increase the value of their estate and ensure they have sufficient funds to meet basic needs. In investment scams, offenders persuade the elderly to invest in precious gems, real estate, annuities, or stocks and bonds by promising unrealistically high rates of return. The investments often consist of fake gemstones, uninhabitable property, or shares in a nonexistent or unprofitable company.
• Charity contributions. Playing on some seniors' desire to help others, offenders solicit donations to nonexistent charities or religious organizations, often using sweepstakes or raffles to do so.
• Home and automobile repairs. Offenders may recommend an array of fraudulent "emergency" home repairs, often requiring an advance deposit. They may
subsequently fail to do any work at all, start but not finish the work, or do substandard work that requires correction. Common frauds include roof repairs, driveway resurfacing, waterproofing, and pest control. The offenders are often transient, moving among neighborhoods, cities, and even states. Dishonest auto mechanics may falsely inform customers that certain repairs are needed, or they may bill for services or repairs that were not requested or were not completed.
• Loans and mortgages. Seniors may experience cash flow shortages in the face of needed medical care or home repairs. Predatory lenders may provide loans with exorbitant interest rates, hidden fees, and repayment schedules far exceeding the elderly's means, often at the risk of their home, which has been used as collateral.
• Health, funeral, and life insurance. Many seniors are concerned about having the funds to pay for needed medical care or a proper burial, or to bequeath to loved ones upon death. Unscrupulous salespeople take advantage of these concerns by selling the elderly policies that duplicate existing coverage, do not provide the coverage promised, or are altogether bogus.†
• Health remedies. The elderly often have health problems that require treatment. Preying on this vulnerability, offenders market a number of ineffective remedies, promising "miracle cures." Unfortunately, given this false hope, many seniors delay needed treatment, and their health deteriorates further.
• Travel. Compared with younger adults, seniors often have more leisure time and are attracted to low-cost travel packages. However, many of these packages cost far more
than market rates, provide substandard accommodations, or do not provide the promised services.
• Confidence games. These frauds generally do not involve a product or service; instead, they include a broad array of deceitful scenarios to get cash from the elderly. The offender may pretend to be in a position of authority (e.g., a bank examiner), or otherwise trustworthy, concocting a story to get the victim to hand over cash, then disappearing.†† For example, the perpetrators of "lottery scams" claim to have won the lottery but to have no bank account in which to deposit the winnings. The offender promises the victim a premium in exchange for use of his or her account. After the victim makes a "good faith" payment to the offender, the victim never hears from the offender again.
† Harshbarger (1993) commented on this problem as having "all of the factors which create an environment for fraud and exploitation…the need is great, the cost is high, even legitimate policies are complex and confusing, and the population is vulnerable and living in fear of the day the bill comes due."
†† See Whitlock (1994) for detailed descriptions of numerous confidence games.
In addition to variations in the type of product or service offered, frauds vary widely in the means used to commit them.
• Telemarketing. Offenders call people at home, using high-pressure tactics to solicit money for fraudulent investments, insurance policies, travel packages, charities, and sweepstakes. Fraudulent telemarketing operations are designed to limit the benefit to the customer while maximizing the profit for the telemarketer and for the highly efficient contact of a lot of potential customers.†
† See Schulte (1995) for detailed descriptions of a variety of telemarketing scams.
• Mail. Fraudulent prize and sweepstakes operations often mail materials to a wide audience, relying on potential victims to "self-select" by returning a postcard or calling to indicate their interest. The mailings often look official, use extensive personalization (e.g., repeating the recipient's name in the text), include claims of authenticity, have contradictory content or "double-talk," and make a seemingly low-key request for the recipient to submit a small fee.2
• Face-to-face contact. Some frauds involving products and services (e.g., home and auto repairs) require face-to-face contact at either the victim's home or a business. Alternatively, a scammer gains entry to the victim's home by posing as a utility worker and distracts the victim while an accomplice burglarizes the home.
Successful frauds share common elements. The offenders gain trust and confidence through their charisma, by using a business name similar to that of a well-established organization, or by communicating a concern for the elder's well-being. They create the impression that the elder has been "chosen" or is "lucky" to receive the offer, and that such offers are rare. They encourage their victims to make an immediate decision or commitment to purchase products or services, which effectively limits the opportunity for consultation with others. Further, since the "special" offers are available to only a select group of customers, the offenders ask the victims to be discreet and not discuss the details, shrouding the transaction in secrecy and decreasing the chance of discovery by a family member, neighbor, or other concerned party. The frauds occur quickly, with little risk of exposure.
Financial Exploitation by Relatives and Caregivers: Unlike strangers, relatives and caregivers often have a position of trust and an ongoing relationship with the elderly. Financial exploitation occurs when the offender steals, withholds, or otherwise misuses their elderly victims' money, property, or valuables for personal advantage or profit, to the disadvantage of the elder. Their methods can include the following:
• simply taking the elder's money, property, or valuables;
• borrowing money (sometimes repeatedly) and not paying it back;
• denying services or medical care to conserve funds;
• giving away or selling the elder's possessions without permission;
• signing or cashing pension or social security checks without permission;
• misusing ATM or credit cards, or using them without permission;
• doling out the elder's money to family or friends; and
• forcing the elder to part with resources or to sign over property.3
The tactics offenders use include deceit, coercion, intimidation, emotional abuse, or empty promises of lifelong care. Further, they usually try to isolate the victim from friends, family, and other concerned parties. By doing so, they prevent others from asking about the elder's well-being or relationship with the offender, prevent the elder from consulting with others on important financial decisions, and, perhaps most tragically, give the elder the impression that no one else cares about him or her.
In addition, relatives and caregivers sometimes exploit the following financial and legal arrangements:
• Joint bank accounts. Under the guise of helping the elder with his or her financial affairs, the offender has his or her name added to the elder's bank account, allowing the offender to deposit, withdraw, or transfer funds. The offender may threaten or coerce the elder into giving consent, or get consent despite the elder's limited capacity to make an informed decision.
• Deed or title transfer. The elder transfers ownership of property such as homes, real estate, or cars to the offender. This may occur as the result of force or intimidation, or as a "gift" or other transaction the elder does not fully comprehend.
• Power of attorney and durable power of attorney. These legal arrangements give a person the authority to manage the elder's affairs on the elder's behalf. When used properly, the legally appointed agent makes decisions that are in the elder's best interest. Misuse arises when the agent induces the elder to sign the document; makes decisions or transactions that benefit the agent, to the detriment of the elder; uses the power after it has been terminated; or uses the power for purposes other than what is intended.
• Living trusts and wills. To avoid potentially expensive probate fees and estate taxes, an individual can transfer property and other assets into a trust. The effectiveness of this legitimate estate-planning tool depends, of course, on the trustworthiness of the person appointed to manage the trust. In addition, through a variety of emotional appeals, a perpetrator may induce an elder to change his or her will, making the perpetrator the sole beneficiary upon the elder's death.
Distinguishing between an unwise, but legitimate, financial transaction and an exploitative transaction resulting from undue influence, duress, fraud, or lack of informed consent can be difficult.4 Suspicious transactions may be well-intentioned but guided by poor advice. Generally, financial exploitation involves a pattern of behaviors, rather than
single incidents.
Related Problems: Financial crimes against the elderly share some characteristics with other crimes. Related problems requiring separate analysis and response include:
• identity theft,
• Internet fraud,
• check and credit card fraud, and
• prescription fraud.
Financial exploitation of the elderly may also occur in concert with other types of elder abuse, including:
• physical abuse,
• sexual abuse,
• emotional abuse, and
• neglect.
Factors Contributing to Financial Crimes Against the Elderly: Understanding the factors that contribute to your problem will help you frame your own local analysis questions, determine good effectiveness measures, recognize key intervention points, and select appropriate responses.
National Prevalence Estimates: As discussed above, there are many types of fraud and financial exploitation. In addition, states vary in terms of the age at which one is considered "elderly." These factors make it very difficult to estimate national prevalence. Typically, crime rates are listed in sources of official statistics, such as the FBI's Uniform Crime Reports and the Justice Department's National Crime Victimization Survey. However, neither of these sources provides information on victimization by fraud. Furthermore, studies relying on reports of victimization are particularly limited given the widespread agreement that fraud is
dramatically underreported.
However, several national organizations have completed studies offering various ways to quantify the rate of financial crimes against the elderly. Some of these focus on consumer fraud, estimating that somewhere between 20 and 60 percent of adult Americans have reported being the victim, or attempted victim, of it. 5 These studies do not separate prevalence estimates across age. Within the general category of consumer fraud are estimates of losses due to telemarketing fraud. In 2000, the U.S. Senate Special Committee on Aging reported that, each year, consumers lose approximately $40 billion to telemarketing fraud, and estimated that approximately 10 percent of the nation's 14,000 telemarketing firms were fraudulent.6 Some researchers estimate that only one in 10,000 fraud victims reports the crime to the authorities.7
Other studies focus on the extent of financial exploitation by relatives or caregivers. In 1998, the National Center on Elder Abuse reported an estimated 21,427 substantiated cases of financial or material exploitation of an elder, accounting for approximately one-third of all substantiated elder abuse cases, including physical and sexual abuse and neglect.8 In 1998, using data from 24 states, the National Aging Resource Center on Elder Abuse estimated that 20 percent of elder abuse victims were victims of financial exploitation.9 State-level surveys have identified higher proportions of financial exploitation within reported elder abuse cases, with over 40 percent of elder abuse cases in California and North Carolina involving financial exploitation. 10
The usefulness of these studies in determining the scope of your local problem is rather limited. However, they show that the problem affects a large proportion of the population, regardless of age, and is likely to be underreported by victims and underrepresented in official statistics.
Underreporting:Researchers agree that elder fraud is dramatically underreported, which is problematic for several reasons. First, the failure to report means that the assistance of police, adult protective services, family members and others is not mobilized to stop the abuse. Second, even if intervention is not necessary, the underreporting of these crimes makes it very difficult for problem-oriented efforts to proceed because of a lack of information on the targets, methods and perpetrators. Finally, the lack of reporting may encourage the offenders to victimize others.
Many elderly victims do not report fraud because they feel ashamed, or they fear others will think they cannot care for themselves, which may trigger placement in a nursing home or long-term care facility. Significantly, many victims are not aware of support resources or do not know how to access them. In the case of financial exploitation, many victims have close ties to the offender and may feel protective. They may want to stop the exploitation and recover their assets, but not want the offender punished. In addition, many victims believe they are at least partially to blame.
Professionals (e.g., bankers, attorneys, accountants, and doctors) are also often slow to report suspected abuse.11 Their brief, episodic interactions with the elderly and their lack of expertise in undue influence and criminal conduct serve as barriers to reporting. Even if they suspect abuse, there often is no specific protocol for reporting it.
When elderly victims do report losses by fraud or financial exploitation, the report quality often makes investigation difficult.12 If cognitively impaired, the victim may not remember important details or may not be able to recount the sequence of events. Victim interviewers should put victims at ease and provide sufficient time and cues for accurate recall, or else the reports may lack important details. (These issues are discussed more thoroughly in the "Responses" section of this guide). Finally, cognitively and physically impaired seniors may feel overwhelmed at the prospect of traveling to the police station, district attorney's office, or court. Given that complicated cases of fraud and financial exploitation may take years to go to trial, it is possible that a particularly frail victim's cognitive or physical health will decline to the point that he or she cannot testify.
Not only do these barriers to intervention make prevention that much more critical, but they also highlight the importance of developing investigative techniques that
account for both the complexity of the crimes and the unique personal challenges of the victims.
Victim Vulnerabilities: The prevailing stereotype of elderly fraud victims is that they are poorly informed, socially isolated individuals–potentially suffering from mental deterioration–who cling to old-fashioned ideas of politeness and manners that interfere with their ability to detect fraud. It is true that dementia and other cognitive impairments sometimes play a role in elder fraud and financial exploitation. For seniors with advanced impairments, responses requiring their participation may have limited effectiveness. However, recent research has refuted prevailing stereotypes, characterizing the majority of potential victims as more educated, informed, and socially active than previously supposed. A major AARP (formerly known as the American Association of Retired Persons) survey identified fraud victims as relatively affluent and well-educated, with extensive networks of family and friends.13 This survey identified several key points:
• Victims were likely to believe fraudulent sales pitches, thinking that their chances of winning were good and that the prizes offered for a fee were a good bargain.
• Over two-thirds of the respondents reported they had difficulty telling fraudulent and legitimate pitches apart, despite the fact that 90 percent had heard about telemarketing fraud.
• Many victims reported having difficulty ending a conversation with a telemarketer, even when they believed the offer was fraudulent. There has been significant debate about the extent to which age affects the likelihood of consumer fraud victimization. That debate is beyond the scope of this guide. However, it is important to recognize that old age alone is not a reliable predictor of fraud victimization. Understanding the role of other risk factors can help you analyze your local problem and devise appropriately targeted responses. A number of researchers have noted that the following personal factors affect the extent to which people are likely to be victimized:
• home ownership;
• likelihood of seeking advice before a purchase;
• knowledge of sources of consumer information and
consumer rights;
• financial risk-taking behavior;
• openness to marketing appeals;
• knowledge of the existence of frauds, scams, and
misleading practices; and
• ability to hang up on telemarketers.14
The research implies that a lack of knowledge and of certain consumer skills creates a susceptibility to fraud.
Victimization studies have found that seniors who have active social lives and experience a broad array of consumer situations may be vulnerable to fraud simply because of increased exposure.15 On the other hand, those who are socially isolated may also be vulnerable because they are less likely to seek advice before a purchase, and because the sales pitch itself addresses an unmet need for social interaction, resulting in their feeling obligated to be friendly or compliant in return.16
Although similar to elderly fraud victims in many respects, seniors exploited by relatives and caregivers differ in significant ways. There is no aspiration for monetary gain.
They may fear what the offender may do if they do not comply with his or her demands. They may also have long-term emotional ties to the offender that create conflict about reporting abuse, and may cause them to feel protective of the offender once the abuse is discovered.
Although not studied empirically, there are abundant references in the literature to various lifestyle characteristics of the elderly believed to be linked to fraud victimization. Although many seniors live in poverty, home ownership is high among this group, and many have savings, pensions, and social security income. In addition, seniors are more likely than other demographic groups to be home during the day, and therefore available to telephone and in-person marketing efforts. These factors, combined with an assortment of anxieties specific to the elderly–the fear of outliving one's savings, of losing one's financial independence, of failing health–create fertile ground for all types of fraud and financial exploitation.
Victim Facilitation: In contrast to victims of most other forms of crime, consumer fraud victims have a participatory role that is critical to a successful transaction. Victim compliance can fall along a continuum.17 At one end is the completely uninvolved victim, as in the case of identity theft or credit card fraud. Toward the middle is the victim who makes a purchase or financial arrangement that is not well-informed or well-researched. At the far end is the repeat victim. Even after victimization, many people repeat high-risk behaviors.
The following are key moments that put the victim at risk in the typical fraud transaction. They have clear relevance to points of intervention:18
• The victim makes the initial contact, or takes steps that lead to the initial contact, indicating receptivity to the pitch.
• The victim provides information about him- or herself that helps the offender to carry out the fraud.
• The victim allows the conversion of a business relationship to one of trust, and waives customary safeguards.
• The victim believes the offender's scenario or pitch.
• The victim writes a check, gives a credit card number, or otherwise provides access to funds.
In addition, certain traits might make people prone to fraud or financial exploitation. 19 Some of these are considered positive, such as good citizenship, compassion, generosity, respect for authority, and a trusting nature. Others are less desirable, such as being careless, susceptible to flattery, or easily intimidated. Some factors that seem irrelevant on the surface may also contribute to the likelihood of fraud victimization, such as being on Types of Influence: Consumer fraud relies on the manipulation of victims' emotions to get them to agree to a transaction. Emotional ploys include making the consumer feel he or she is part of a special group receiving VIP services, and creating a sense of urgency that prevents further research into the transaction. In addition, offenders may refuse to accept "no" for an answer, have an endless supply of rebuttals for any excuse the victim offers, and have an aggressive style that intimidates the victim into complying. These tactics are essential components of fraud and are effective primarily because of their appeal to the natural human desires to feel special, to find a bargain, and to please.
Particularly when investigating financial exploitation, vexing questions often arise as to whether the victim understood the transaction, appreciated the value of what he or she gave away or signed over, and comprehended the implications of the transaction. Three concepts are particularly critical when analyzing the range of frauds and associated crimes:21
• Mental capacity. While a gradual decline in functional skills such as memory, calculation, and information-processing is natural as age advances, more pronounced
declines can be brought on by particular illnesses, nutritional deficiencies, depression, and certain medications. Obviously, given the complex nature of many financial transactions, mental capacity plays an important role in making sound purchases and managing financial affairs.
• Consent. Essentially, the term means to accept or agree to the proposal of another. To be legally binding, the person giving consent must be able to understand the implications of the transaction.
• Undue influence. Perpetrators may use an array of techniques to gain power over the victim's decision-making and ensure compliance. These include isolating the victim, promoting dependency, and inducing fear and distrust of others. By threatening the victim, exerting pressure to act quickly, or deterring the victim from seeking advice from others, offenders use undue influence to prevent voluntary consent.
Experts in this area note that vulnerability to undue influence is unrelated to intelligence. However, if an elder is cognitively impaired, has sensory deficits (e.g., vision or hearing loss), or has nutritional deficits, he or she may be more easily manipulated because of a lack of faith in his or her own memories and perceptions. 22
The influence used to perpetrate financial crimes falls along a continuum. 23 On one end, the influence is rather benign, as the victim is not actually tricked or forced into doing something against his or her will. On the other end is the rather clear-cut case of theft in which the perpetrator takes something without the victim's consent. One step past benign, coercion involves undue influence using domination, intimidation, and threats. Further still, fraud involves swindling by deception, trickery, or misrepresentation.
Understanding the victim's mental status and the types of influence used is essential for devising appropriate responses to the problem.
Offender Characteristics: The offender-victim relationship is the main criterion used to distinguish the major categories of financial crime in this guide.
Strangers:Consumer fraud offenders are usually strangers to their victims, although they may observe victims' patterns (e.g., times in or out of the house, spending habits, etc.) to identify them as a potential "mark." Telemarketers have no face-to-face contact with victims and may call from thousands of miles away. Given the attention that elder fraud has received in recent years, there are surprisingly few empirical studies of offenders, particularly in light of the extensive literature on victim characteristics. 24
Offenders vary greatly in terms of age, race, socioeconomic status, and education level. Most elder fraud offenders are male. They may be motivated by profit or a need to feel powerful and important. The challenge of the fraud itself may provide a "high," particularly when it is pulled off against wealthy or well-educated victims. In general, offenders are not bound by conventional norms or business ethics, and rationalize their behavior. In clinical studies, criminologists have found offenders to have all types of psychological dysfunctions, revealed in their distorted thinking processes and lack of regard for others. 25
In terms of behavior, those who perpetrate fraud against the elderly often present themselves as self-assured, friendly, and sophisticated. They are persistent, yet can often avoid raising suspicion. "What the con man does is an extreme expression of normal business dealings– salesmanship based on the ability to persuade others…the promise of gain is central to society…and it is not abnormal to offer opportunities to make money or improve one's health." 26
Fraudulent telemarketers frequently work out of "boiler rooms"–temporary, highly mobile operations that can be disassembled and reassembled quickly. Boiler-room
operations typically have six stages: 27
1. Solicitation. Telemarketers identify new prospects through either incoming mail (postcards or certificates returned by people responding to bulk mailing) or unsolicited outgoing calls. "Mooch" or "sucker" lists are critical for efficiency at this stage, and most calls are out of state.
2. Sales. The pitch is usually a written script, although most callers are given wide latitude in what they can promise and in price negotiation. A "front room" contains less-experienced callers who make the initial contacts. Calls to consumers who do not accept the offer are transferred to a "no-sale room," where more-experienced callers pressure the consumers and explain away their concerns. Callers in a "reload room" target past victims, using an assortment of bogus promises to get them to buy again. Notably, the "reload room" callers usually solicit the bulk of the company's illicit income.
3. Verification. Shortly after the sale is complete, a caller recontacts the customer, reviews the sales terms, and arranges for payment. At this stage, the caller attempts to obscure any misrepresentation made during the initial stage.
4. Collection. To avoid buyer's remorse, the scammers must secure payment quickly. They do so by requiring overnight check mailing, bank draft authorization, or electronic funds transfer. Notably, because of their instability and illegal business practices, most boiler rooms cannot obtain bank merchant accounts for credit card sales.
5. Shipping. While one might guess that the promised product is never shipped, successful boiler rooms have found that reliable shipping minimizes consumer complaints, which in turn decreases the likelihood of law enforcement intervention. Most boiler rooms use a "10 to 1" principle, awarding a prize valued at approximately one-tenth of the fee paid.
6. Customer service, harassment, and intimidation. Ongoing availability to customers is important to handle problems. In fraudulent operations, scammers may belittle or berate complainants, or use delay tactics and empty promises to frustrate them into giving up the pursuit of recovery. These organizations generally provide refunds only with the threat of law enforcement action.
Understanding boiler-room mobility and structure is essential to intervention efforts targeting the operations themselves.
Relatives and caregivers. Financial exploiters of the elderly rely on the nature of their relationships with them to support the abuse. The victim has often formed a close bond with the offender, and may be unaware of or deny the abuse. In addition, the victim may fear being alone or being placed in a nursing home if the offender is removed. These dynamics are important to understand in addressing the emotional impact on the victim.
A national survey found that offenders tend to be significantly younger than their victims, with 40 percent age 40 or younger, and another 40 percent age 41 to 59. Nearly 60 percent are male, and nearly 60 percent are relatives. 28
There are three general categories of offenders:†
† Sklar's (2000) typology actually includes a fourth category–professional crime groups, which are not discussed here.
1. Adult children, grandchildren, and other relatives. While an elder might generally believe that a relative is providing financial assistance, the relative may be withdrawing cash from joint bank accounts for personal use, using the elder's credit card to make unauthorized purchases, or embezzling money by refinancing the elder's home. This is the largest category of offenders, and, sadly, the abuse is often not discovered until after the elder's assets have been depleted.
2. Professional caregivers. Home health aides offer invaluable assistance to seniors who need help to live independently. However, they sometimes abuse an elder's trust by intercepting and activating unsolicited credit cards in the elder's name; taking jewelry, cash, or other valuables; forging or altering checks for their own use; or tricking the elder into transferring titles and deeds to the caregiver.
3. Close friends or others in a position of trust. This group can include neighbors, handymen, bank tellers, real estate agents, or investment advisors. In general, such offenders may encourage investments and expenditures that benefit only themselves, steal money or property, or arrange for changes to wills, trusts, or mortgage financing for their own benefit.
Questions of consent or voluntary gift-giving make the investigation of potential abuse cases difficult. Gift-giving habits vary across families, as do cultural expectations regarding elderly care; thus it is essential that you examine each situation within the appropriate context. 29 Further, you should examine any business relationship an elder may have in terms of the nature of the arrangement.
30 For example, a relationship with a gardener or housekeeper may be based on a "good faith" exchange in which each party negotiates in his or her own self-interest (barring deception and misrepresentation). However, some business relationships, such as those with financial planners, bankers, or health care workers, require the professional to act in the elder's best interest. Sometimes, a "good faith" relationship evolves beyond the original intent (e.g., the housekeeper begins to help the elder with finances). These relationships become abusive when the perpetrator continues to act in a self-serving way, rather than make decisions based on the elder's best interest. 31
Regardless of the category of offender, there are two basic types. 32 The first type includes dysfunctional people with low self-esteem who may be abusing substances,
feeling stressed, or feeling the weight of their caregiver responsibilities. They do not generally seek out victims, but instead passively take advantage of opportunities that arise. The second type includes those who methodically target vulnerable seniors, establish power, and obtain control over their assets.
Warning Signs and Indicators
Crime prevention efforts have identified a number of warning signs and indicators of both consumer fraud and financial exploitation of the elderly. Because the means of
committing the two types of crime are different, the signs and indicators are listed separately here.
Warning signs of consumer fraud. 33 These include the following:
• stacks of unsolicited mail proclaiming the recipient to be a "guaranteed winner";
• unusual number of packages containing inexpensive costume jewelry, plastic cameras, watches, etc.
• excessive numbers of magazine subscriptions;
• unsolicited phone calls from operators offering "fantastic opportunities" to claim prizes or invest;
• difficulty covering basic expenses such as food, utilities, etc., when income should support these needs;
• at the bank, accompaniment of the elder by a stranger who encourages a large withdrawal; and
• checks and withdrawals for individuals, marketing companies, or other businesses, or transactions that the elder cannot explain.
Indicators of financial abuse. 34 These include the following:
• A recent acquaintance expresses an interest in finances, promises to provide care, or ingratiates him- or herself with the elder.
• A relative or caregiver has no visible means of support and is overly interested in the elder's financial affairs.
• A relative or caregiver expresses concern over the cost of caring for the elder, or is reluctant to spend money for needed medical treatment.
• The utility and other bills are not being paid.
• The elder's placement, care, or possessions are inconsistent with the size of his or her estate.
• A relative or caregiver isolates the elder, makes excuses when friends or family call or visit, and does not give the elder messages.
• A relative or caregiver gives implausible explanations about finances, and the elder is unaware of or unable to explain the arrangements made.
• Checking account and credit card statements are sent to a relative or caregiver and are not accessible to the elder.
• At the bank, the elder is accompanied by a relative or caregiver who refuses to let the elder speak for him- or herself, and/or the elder appears nervous or afraid of the person accompanying him or her.
• The elder is concerned or confused about "missing money."
• There are suspicious signatures on the elder's checks, or the elder signs checks and another party fills in the payee and amount sections.
• There is an unusual amount of banking activity, particularly just after joint accounts are set up or someone new starts helping with the elder's finances.
• A will, power of attorney, or other legal document is drafted, but the elder does not understand its implications.
These warning signs and indicators have been incorporated into a variety of education tools targeting family members, banks, attorneys, and other concerned parties. These are discussed in the "Responses" section of this guide.
Lack of Oversight of Legal Documents
Given that legal documents such as trusts, joint bank accounts, and powers of attorney give a third party such enormous decision-making power, it is surprising that the preparation and execution of these documents is not more closely regulated. With regard to powers of attorney, very few states require them to be registered, few require a lawyer's involvement in drafting the document, and witnesses are not required to ensure the elder's signature is voluntary. 35
Although most states require notaries, they are not trained to assess mental capacity and therefore cannot protect an impaired elder from abuse. No record of ongoing use is provided to the elder, so even fully competent seniors are not able to monitor transactions made on their accounts. Finally, few states have formal procedures for revoking the authority granted under power of attorney, which allows the offender to continue abusing this power even after intervention.
Laws and Agencies Involved Every state has adopted laws to prohibit particular types of fraud and, often, to enhance penalties for fraud against the elderly. Older consumers are, of course, protected by general consumer protection laws, telemarketing laws, and other statutes governing theft, embezzlement, fraud, etc.
However, given that each state crafts its own laws, there are significant differences that make a description of national legislation concerning elder financial abuse impossible. These differences tend to apply in the following six areas: 36
1. definition of "elderly";
2. definition of abuse, whether physical abuse, sexual abuse, financial abuse, or neglect;
3. classification of abuse as criminal or civil;
4. standards for reporting abuse;
5. methods for investigating abuse; and
6. recommended sanctions.
Not only do these differences make it difficult to describe the various legislative approaches, but they also make it difficult to investigate and prosecute fraud offenders who may have victimized people in several states, all of which have different statutory requirements.
Further, fraud and financial abuse cases come under the jurisdiction of several agencies. Federal agencies such as the FBI, Postal Inspection Service, and Secret Service, as well as state and local police, may be involved in investigating large-scale consumer fraud operations. The lack of information-sharing across these agencies has been identified as a significant barrier to effective intervention. 37
When a financial crime involves the misuse or abuse of legal documents, the case may also be classified as a civil matter, requiring additional cooperation with the
prosecutor and court of jurisdiction. Banks and phone companies are also critical partners in investigating fraud or financial exploitation. Finally, given that the senior's welfare is paramount, social service agencies, such as adult protective services and medical and mental health services, must also be included in a coordinated effort to protect the senior from further harm.
Fraud and financial exploitation cases present a complicated web of behavior, intent, and consequences. The scope of jurisdiction and various areas of expertise required are unlikely to be found in any one agency, requiring cooperation across traditional jurisdictions and professional boundaries."
Irene A. Masiello / author: Paradise Costs--A Victim's Daughter Fights Back Against Elder Abuse...a pro-active, grassroots reality writing book / Elder Advocate / Member of the Elder Justice Coalition / Founder: Starlight Network News / NYC-based Magazine Columnist
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UNITED STATES DEPARTMENT OF JUSTICE DOCUMENT:
Johnson, Kelly Dedel, Financial Crimes Against the Elderly, (2003) Office of Community Oriented Policing Services, US Department of Justice. http://www.cops.usdoj.gov/txt/pop/e07042443.txt
"Financial crimes against the elderly fall under two general categories: fraud committed by strangers, and financial exploitation by relatives and caregivers. These categories sometimes overlap in terms of target selection and the means used to commit the crime. However, the differences in the offender-victim relationships suggest different methods for analyzing and responding to the problem.
Fraud Committed by Strangers: Fraud generally involves deliberately deceiving the victim with the promise of goods, services, or other benefits that are nonexistent, unnecessary, never intended to be provided, or grossly misrepresented. There are hundreds of frauds, but offenders generally use a small subset of these against the elderly. The frauds typically occur within a few interactions.
• Prizes and sweepstakes. These frauds generally involve informing the victim that he or she could win, or has already won, a "valuable" prize or a lot of money. The victim is required to send in money to cover taxes, shipping, or processing fees. The prize may never be delivered or, if so, is usually costume jewelry or cheap electronic equipment worth less than the money paid to retrieve it.
• Investments. Because many seniors live on fixed incomes, they often want to increase the value of their estate and ensure they have sufficient funds to meet basic needs. In investment scams, offenders persuade the elderly to invest in precious gems, real estate, annuities, or stocks and bonds by promising unrealistically high rates of return. The investments often consist of fake gemstones, uninhabitable property, or shares in a nonexistent or unprofitable company.
• Charity contributions. Playing on some seniors' desire to help others, offenders solicit donations to nonexistent charities or religious organizations, often using sweepstakes or raffles to do so.
• Home and automobile repairs. Offenders may recommend an array of fraudulent "emergency" home repairs, often requiring an advance deposit. They may
subsequently fail to do any work at all, start but not finish the work, or do substandard work that requires correction. Common frauds include roof repairs, driveway resurfacing, waterproofing, and pest control. The offenders are often transient, moving among neighborhoods, cities, and even states. Dishonest auto mechanics may falsely inform customers that certain repairs are needed, or they may bill for services or repairs that were not requested or were not completed.
• Loans and mortgages. Seniors may experience cash flow shortages in the face of needed medical care or home repairs. Predatory lenders may provide loans with exorbitant interest rates, hidden fees, and repayment schedules far exceeding the elderly's means, often at the risk of their home, which has been used as collateral.
• Health, funeral, and life insurance. Many seniors are concerned about having the funds to pay for needed medical care or a proper burial, or to bequeath to loved ones upon death. Unscrupulous salespeople take advantage of these concerns by selling the elderly policies that duplicate existing coverage, do not provide the coverage promised, or are altogether bogus.†
• Health remedies. The elderly often have health problems that require treatment. Preying on this vulnerability, offenders market a number of ineffective remedies, promising "miracle cures." Unfortunately, given this false hope, many seniors delay needed treatment, and their health deteriorates further.
• Travel. Compared with younger adults, seniors often have more leisure time and are attracted to low-cost travel packages. However, many of these packages cost far more
than market rates, provide substandard accommodations, or do not provide the promised services.
• Confidence games. These frauds generally do not involve a product or service; instead, they include a broad array of deceitful scenarios to get cash from the elderly. The offender may pretend to be in a position of authority (e.g., a bank examiner), or otherwise trustworthy, concocting a story to get the victim to hand over cash, then disappearing.†† For example, the perpetrators of "lottery scams" claim to have won the lottery but to have no bank account in which to deposit the winnings. The offender promises the victim a premium in exchange for use of his or her account. After the victim makes a "good faith" payment to the offender, the victim never hears from the offender again.
† Harshbarger (1993) commented on this problem as having "all of the factors which create an environment for fraud and exploitation…the need is great, the cost is high, even legitimate policies are complex and confusing, and the population is vulnerable and living in fear of the day the bill comes due."
†† See Whitlock (1994) for detailed descriptions of numerous confidence games.
In addition to variations in the type of product or service offered, frauds vary widely in the means used to commit them.
• Telemarketing. Offenders call people at home, using high-pressure tactics to solicit money for fraudulent investments, insurance policies, travel packages, charities, and sweepstakes. Fraudulent telemarketing operations are designed to limit the benefit to the customer while maximizing the profit for the telemarketer and for the highly efficient contact of a lot of potential customers.†
† See Schulte (1995) for detailed descriptions of a variety of telemarketing scams.
• Mail. Fraudulent prize and sweepstakes operations often mail materials to a wide audience, relying on potential victims to "self-select" by returning a postcard or calling to indicate their interest. The mailings often look official, use extensive personalization (e.g., repeating the recipient's name in the text), include claims of authenticity, have contradictory content or "double-talk," and make a seemingly low-key request for the recipient to submit a small fee.2
• Face-to-face contact. Some frauds involving products and services (e.g., home and auto repairs) require face-to-face contact at either the victim's home or a business. Alternatively, a scammer gains entry to the victim's home by posing as a utility worker and distracts the victim while an accomplice burglarizes the home.
Successful frauds share common elements. The offenders gain trust and confidence through their charisma, by using a business name similar to that of a well-established organization, or by communicating a concern for the elder's well-being. They create the impression that the elder has been "chosen" or is "lucky" to receive the offer, and that such offers are rare. They encourage their victims to make an immediate decision or commitment to purchase products or services, which effectively limits the opportunity for consultation with others. Further, since the "special" offers are available to only a select group of customers, the offenders ask the victims to be discreet and not discuss the details, shrouding the transaction in secrecy and decreasing the chance of discovery by a family member, neighbor, or other concerned party. The frauds occur quickly, with little risk of exposure.
Financial Exploitation by Relatives and Caregivers: Unlike strangers, relatives and caregivers often have a position of trust and an ongoing relationship with the elderly. Financial exploitation occurs when the offender steals, withholds, or otherwise misuses their elderly victims' money, property, or valuables for personal advantage or profit, to the disadvantage of the elder. Their methods can include the following:
• simply taking the elder's money, property, or valuables;
• borrowing money (sometimes repeatedly) and not paying it back;
• denying services or medical care to conserve funds;
• giving away or selling the elder's possessions without permission;
• signing or cashing pension or social security checks without permission;
• misusing ATM or credit cards, or using them without permission;
• doling out the elder's money to family or friends; and
• forcing the elder to part with resources or to sign over property.3
The tactics offenders use include deceit, coercion, intimidation, emotional abuse, or empty promises of lifelong care. Further, they usually try to isolate the victim from friends, family, and other concerned parties. By doing so, they prevent others from asking about the elder's well-being or relationship with the offender, prevent the elder from consulting with others on important financial decisions, and, perhaps most tragically, give the elder the impression that no one else cares about him or her.
In addition, relatives and caregivers sometimes exploit the following financial and legal arrangements:
• Joint bank accounts. Under the guise of helping the elder with his or her financial affairs, the offender has his or her name added to the elder's bank account, allowing the offender to deposit, withdraw, or transfer funds. The offender may threaten or coerce the elder into giving consent, or get consent despite the elder's limited capacity to make an informed decision.
• Deed or title transfer. The elder transfers ownership of property such as homes, real estate, or cars to the offender. This may occur as the result of force or intimidation, or as a "gift" or other transaction the elder does not fully comprehend.
• Power of attorney and durable power of attorney. These legal arrangements give a person the authority to manage the elder's affairs on the elder's behalf. When used properly, the legally appointed agent makes decisions that are in the elder's best interest. Misuse arises when the agent induces the elder to sign the document; makes decisions or transactions that benefit the agent, to the detriment of the elder; uses the power after it has been terminated; or uses the power for purposes other than what is intended.
• Living trusts and wills. To avoid potentially expensive probate fees and estate taxes, an individual can transfer property and other assets into a trust. The effectiveness of this legitimate estate-planning tool depends, of course, on the trustworthiness of the person appointed to manage the trust. In addition, through a variety of emotional appeals, a perpetrator may induce an elder to change his or her will, making the perpetrator the sole beneficiary upon the elder's death.
Distinguishing between an unwise, but legitimate, financial transaction and an exploitative transaction resulting from undue influence, duress, fraud, or lack of informed consent can be difficult.4 Suspicious transactions may be well-intentioned but guided by poor advice. Generally, financial exploitation involves a pattern of behaviors, rather than
single incidents.
Related Problems: Financial crimes against the elderly share some characteristics with other crimes. Related problems requiring separate analysis and response include:
• identity theft,
• Internet fraud,
• check and credit card fraud, and
• prescription fraud.
Financial exploitation of the elderly may also occur in concert with other types of elder abuse, including:
• physical abuse,
• sexual abuse,
• emotional abuse, and
• neglect.
Factors Contributing to Financial Crimes Against the Elderly: Understanding the factors that contribute to your problem will help you frame your own local analysis questions, determine good effectiveness measures, recognize key intervention points, and select appropriate responses.
National Prevalence Estimates: As discussed above, there are many types of fraud and financial exploitation. In addition, states vary in terms of the age at which one is considered "elderly." These factors make it very difficult to estimate national prevalence. Typically, crime rates are listed in sources of official statistics, such as the FBI's Uniform Crime Reports and the Justice Department's National Crime Victimization Survey. However, neither of these sources provides information on victimization by fraud. Furthermore, studies relying on reports of victimization are particularly limited given the widespread agreement that fraud is
dramatically underreported.
However, several national organizations have completed studies offering various ways to quantify the rate of financial crimes against the elderly. Some of these focus on consumer fraud, estimating that somewhere between 20 and 60 percent of adult Americans have reported being the victim, or attempted victim, of it. 5 These studies do not separate prevalence estimates across age. Within the general category of consumer fraud are estimates of losses due to telemarketing fraud. In 2000, the U.S. Senate Special Committee on Aging reported that, each year, consumers lose approximately $40 billion to telemarketing fraud, and estimated that approximately 10 percent of the nation's 14,000 telemarketing firms were fraudulent.6 Some researchers estimate that only one in 10,000 fraud victims reports the crime to the authorities.7
Other studies focus on the extent of financial exploitation by relatives or caregivers. In 1998, the National Center on Elder Abuse reported an estimated 21,427 substantiated cases of financial or material exploitation of an elder, accounting for approximately one-third of all substantiated elder abuse cases, including physical and sexual abuse and neglect.8 In 1998, using data from 24 states, the National Aging Resource Center on Elder Abuse estimated that 20 percent of elder abuse victims were victims of financial exploitation.9 State-level surveys have identified higher proportions of financial exploitation within reported elder abuse cases, with over 40 percent of elder abuse cases in California and North Carolina involving financial exploitation. 10
The usefulness of these studies in determining the scope of your local problem is rather limited. However, they show that the problem affects a large proportion of the population, regardless of age, and is likely to be underreported by victims and underrepresented in official statistics.
Underreporting:Researchers agree that elder fraud is dramatically underreported, which is problematic for several reasons. First, the failure to report means that the assistance of police, adult protective services, family members and others is not mobilized to stop the abuse. Second, even if intervention is not necessary, the underreporting of these crimes makes it very difficult for problem-oriented efforts to proceed because of a lack of information on the targets, methods and perpetrators. Finally, the lack of reporting may encourage the offenders to victimize others.
Many elderly victims do not report fraud because they feel ashamed, or they fear others will think they cannot care for themselves, which may trigger placement in a nursing home or long-term care facility. Significantly, many victims are not aware of support resources or do not know how to access them. In the case of financial exploitation, many victims have close ties to the offender and may feel protective. They may want to stop the exploitation and recover their assets, but not want the offender punished. In addition, many victims believe they are at least partially to blame.
Professionals (e.g., bankers, attorneys, accountants, and doctors) are also often slow to report suspected abuse.11 Their brief, episodic interactions with the elderly and their lack of expertise in undue influence and criminal conduct serve as barriers to reporting. Even if they suspect abuse, there often is no specific protocol for reporting it.
When elderly victims do report losses by fraud or financial exploitation, the report quality often makes investigation difficult.12 If cognitively impaired, the victim may not remember important details or may not be able to recount the sequence of events. Victim interviewers should put victims at ease and provide sufficient time and cues for accurate recall, or else the reports may lack important details. (These issues are discussed more thoroughly in the "Responses" section of this guide). Finally, cognitively and physically impaired seniors may feel overwhelmed at the prospect of traveling to the police station, district attorney's office, or court. Given that complicated cases of fraud and financial exploitation may take years to go to trial, it is possible that a particularly frail victim's cognitive or physical health will decline to the point that he or she cannot testify.
Not only do these barriers to intervention make prevention that much more critical, but they also highlight the importance of developing investigative techniques that
account for both the complexity of the crimes and the unique personal challenges of the victims.
Victim Vulnerabilities: The prevailing stereotype of elderly fraud victims is that they are poorly informed, socially isolated individuals–potentially suffering from mental deterioration–who cling to old-fashioned ideas of politeness and manners that interfere with their ability to detect fraud. It is true that dementia and other cognitive impairments sometimes play a role in elder fraud and financial exploitation. For seniors with advanced impairments, responses requiring their participation may have limited effectiveness. However, recent research has refuted prevailing stereotypes, characterizing the majority of potential victims as more educated, informed, and socially active than previously supposed. A major AARP (formerly known as the American Association of Retired Persons) survey identified fraud victims as relatively affluent and well-educated, with extensive networks of family and friends.13 This survey identified several key points:
• Victims were likely to believe fraudulent sales pitches, thinking that their chances of winning were good and that the prizes offered for a fee were a good bargain.
• Over two-thirds of the respondents reported they had difficulty telling fraudulent and legitimate pitches apart, despite the fact that 90 percent had heard about telemarketing fraud.
• Many victims reported having difficulty ending a conversation with a telemarketer, even when they believed the offer was fraudulent. There has been significant debate about the extent to which age affects the likelihood of consumer fraud victimization. That debate is beyond the scope of this guide. However, it is important to recognize that old age alone is not a reliable predictor of fraud victimization. Understanding the role of other risk factors can help you analyze your local problem and devise appropriately targeted responses. A number of researchers have noted that the following personal factors affect the extent to which people are likely to be victimized:
• home ownership;
• likelihood of seeking advice before a purchase;
• knowledge of sources of consumer information and
consumer rights;
• financial risk-taking behavior;
• openness to marketing appeals;
• knowledge of the existence of frauds, scams, and
misleading practices; and
• ability to hang up on telemarketers.14
The research implies that a lack of knowledge and of certain consumer skills creates a susceptibility to fraud.
Victimization studies have found that seniors who have active social lives and experience a broad array of consumer situations may be vulnerable to fraud simply because of increased exposure.15 On the other hand, those who are socially isolated may also be vulnerable because they are less likely to seek advice before a purchase, and because the sales pitch itself addresses an unmet need for social interaction, resulting in their feeling obligated to be friendly or compliant in return.16
Although similar to elderly fraud victims in many respects, seniors exploited by relatives and caregivers differ in significant ways. There is no aspiration for monetary gain.
They may fear what the offender may do if they do not comply with his or her demands. They may also have long-term emotional ties to the offender that create conflict about reporting abuse, and may cause them to feel protective of the offender once the abuse is discovered.
Although not studied empirically, there are abundant references in the literature to various lifestyle characteristics of the elderly believed to be linked to fraud victimization. Although many seniors live in poverty, home ownership is high among this group, and many have savings, pensions, and social security income. In addition, seniors are more likely than other demographic groups to be home during the day, and therefore available to telephone and in-person marketing efforts. These factors, combined with an assortment of anxieties specific to the elderly–the fear of outliving one's savings, of losing one's financial independence, of failing health–create fertile ground for all types of fraud and financial exploitation.
Victim Facilitation: In contrast to victims of most other forms of crime, consumer fraud victims have a participatory role that is critical to a successful transaction. Victim compliance can fall along a continuum.17 At one end is the completely uninvolved victim, as in the case of identity theft or credit card fraud. Toward the middle is the victim who makes a purchase or financial arrangement that is not well-informed or well-researched. At the far end is the repeat victim. Even after victimization, many people repeat high-risk behaviors.
The following are key moments that put the victim at risk in the typical fraud transaction. They have clear relevance to points of intervention:18
• The victim makes the initial contact, or takes steps that lead to the initial contact, indicating receptivity to the pitch.
• The victim provides information about him- or herself that helps the offender to carry out the fraud.
• The victim allows the conversion of a business relationship to one of trust, and waives customary safeguards.
• The victim believes the offender's scenario or pitch.
• The victim writes a check, gives a credit card number, or otherwise provides access to funds.
In addition, certain traits might make people prone to fraud or financial exploitation. 19 Some of these are considered positive, such as good citizenship, compassion, generosity, respect for authority, and a trusting nature. Others are less desirable, such as being careless, susceptible to flattery, or easily intimidated. Some factors that seem irrelevant on the surface may also contribute to the likelihood of fraud victimization, such as being on Types of Influence: Consumer fraud relies on the manipulation of victims' emotions to get them to agree to a transaction. Emotional ploys include making the consumer feel he or she is part of a special group receiving VIP services, and creating a sense of urgency that prevents further research into the transaction. In addition, offenders may refuse to accept "no" for an answer, have an endless supply of rebuttals for any excuse the victim offers, and have an aggressive style that intimidates the victim into complying. These tactics are essential components of fraud and are effective primarily because of their appeal to the natural human desires to feel special, to find a bargain, and to please.
Particularly when investigating financial exploitation, vexing questions often arise as to whether the victim understood the transaction, appreciated the value of what he or she gave away or signed over, and comprehended the implications of the transaction. Three concepts are particularly critical when analyzing the range of frauds and associated crimes:21
• Mental capacity. While a gradual decline in functional skills such as memory, calculation, and information-processing is natural as age advances, more pronounced
declines can be brought on by particular illnesses, nutritional deficiencies, depression, and certain medications. Obviously, given the complex nature of many financial transactions, mental capacity plays an important role in making sound purchases and managing financial affairs.
• Consent. Essentially, the term means to accept or agree to the proposal of another. To be legally binding, the person giving consent must be able to understand the implications of the transaction.
• Undue influence. Perpetrators may use an array of techniques to gain power over the victim's decision-making and ensure compliance. These include isolating the victim, promoting dependency, and inducing fear and distrust of others. By threatening the victim, exerting pressure to act quickly, or deterring the victim from seeking advice from others, offenders use undue influence to prevent voluntary consent.
Experts in this area note that vulnerability to undue influence is unrelated to intelligence. However, if an elder is cognitively impaired, has sensory deficits (e.g., vision or hearing loss), or has nutritional deficits, he or she may be more easily manipulated because of a lack of faith in his or her own memories and perceptions. 22
The influence used to perpetrate financial crimes falls along a continuum. 23 On one end, the influence is rather benign, as the victim is not actually tricked or forced into doing something against his or her will. On the other end is the rather clear-cut case of theft in which the perpetrator takes something without the victim's consent. One step past benign, coercion involves undue influence using domination, intimidation, and threats. Further still, fraud involves swindling by deception, trickery, or misrepresentation.
Understanding the victim's mental status and the types of influence used is essential for devising appropriate responses to the problem.
Offender Characteristics: The offender-victim relationship is the main criterion used to distinguish the major categories of financial crime in this guide.
Strangers:Consumer fraud offenders are usually strangers to their victims, although they may observe victims' patterns (e.g., times in or out of the house, spending habits, etc.) to identify them as a potential "mark." Telemarketers have no face-to-face contact with victims and may call from thousands of miles away. Given the attention that elder fraud has received in recent years, there are surprisingly few empirical studies of offenders, particularly in light of the extensive literature on victim characteristics. 24
Offenders vary greatly in terms of age, race, socioeconomic status, and education level. Most elder fraud offenders are male. They may be motivated by profit or a need to feel powerful and important. The challenge of the fraud itself may provide a "high," particularly when it is pulled off against wealthy or well-educated victims. In general, offenders are not bound by conventional norms or business ethics, and rationalize their behavior. In clinical studies, criminologists have found offenders to have all types of psychological dysfunctions, revealed in their distorted thinking processes and lack of regard for others. 25
In terms of behavior, those who perpetrate fraud against the elderly often present themselves as self-assured, friendly, and sophisticated. They are persistent, yet can often avoid raising suspicion. "What the con man does is an extreme expression of normal business dealings– salesmanship based on the ability to persuade others…the promise of gain is central to society…and it is not abnormal to offer opportunities to make money or improve one's health." 26
Fraudulent telemarketers frequently work out of "boiler rooms"–temporary, highly mobile operations that can be disassembled and reassembled quickly. Boiler-room
operations typically have six stages: 27
1. Solicitation. Telemarketers identify new prospects through either incoming mail (postcards or certificates returned by people responding to bulk mailing) or unsolicited outgoing calls. "Mooch" or "sucker" lists are critical for efficiency at this stage, and most calls are out of state.
2. Sales. The pitch is usually a written script, although most callers are given wide latitude in what they can promise and in price negotiation. A "front room" contains less-experienced callers who make the initial contacts. Calls to consumers who do not accept the offer are transferred to a "no-sale room," where more-experienced callers pressure the consumers and explain away their concerns. Callers in a "reload room" target past victims, using an assortment of bogus promises to get them to buy again. Notably, the "reload room" callers usually solicit the bulk of the company's illicit income.
3. Verification. Shortly after the sale is complete, a caller recontacts the customer, reviews the sales terms, and arranges for payment. At this stage, the caller attempts to obscure any misrepresentation made during the initial stage.
4. Collection. To avoid buyer's remorse, the scammers must secure payment quickly. They do so by requiring overnight check mailing, bank draft authorization, or electronic funds transfer. Notably, because of their instability and illegal business practices, most boiler rooms cannot obtain bank merchant accounts for credit card sales.
5. Shipping. While one might guess that the promised product is never shipped, successful boiler rooms have found that reliable shipping minimizes consumer complaints, which in turn decreases the likelihood of law enforcement intervention. Most boiler rooms use a "10 to 1" principle, awarding a prize valued at approximately one-tenth of the fee paid.
6. Customer service, harassment, and intimidation. Ongoing availability to customers is important to handle problems. In fraudulent operations, scammers may belittle or berate complainants, or use delay tactics and empty promises to frustrate them into giving up the pursuit of recovery. These organizations generally provide refunds only with the threat of law enforcement action.
Understanding boiler-room mobility and structure is essential to intervention efforts targeting the operations themselves.
Relatives and caregivers. Financial exploiters of the elderly rely on the nature of their relationships with them to support the abuse. The victim has often formed a close bond with the offender, and may be unaware of or deny the abuse. In addition, the victim may fear being alone or being placed in a nursing home if the offender is removed. These dynamics are important to understand in addressing the emotional impact on the victim.
A national survey found that offenders tend to be significantly younger than their victims, with 40 percent age 40 or younger, and another 40 percent age 41 to 59. Nearly 60 percent are male, and nearly 60 percent are relatives. 28
There are three general categories of offenders:†
† Sklar's (2000) typology actually includes a fourth category–professional crime groups, which are not discussed here.
1. Adult children, grandchildren, and other relatives. While an elder might generally believe that a relative is providing financial assistance, the relative may be withdrawing cash from joint bank accounts for personal use, using the elder's credit card to make unauthorized purchases, or embezzling money by refinancing the elder's home. This is the largest category of offenders, and, sadly, the abuse is often not discovered until after the elder's assets have been depleted.
2. Professional caregivers. Home health aides offer invaluable assistance to seniors who need help to live independently. However, they sometimes abuse an elder's trust by intercepting and activating unsolicited credit cards in the elder's name; taking jewelry, cash, or other valuables; forging or altering checks for their own use; or tricking the elder into transferring titles and deeds to the caregiver.
3. Close friends or others in a position of trust. This group can include neighbors, handymen, bank tellers, real estate agents, or investment advisors. In general, such offenders may encourage investments and expenditures that benefit only themselves, steal money or property, or arrange for changes to wills, trusts, or mortgage financing for their own benefit.
Questions of consent or voluntary gift-giving make the investigation of potential abuse cases difficult. Gift-giving habits vary across families, as do cultural expectations regarding elderly care; thus it is essential that you examine each situation within the appropriate context. 29 Further, you should examine any business relationship an elder may have in terms of the nature of the arrangement.
30 For example, a relationship with a gardener or housekeeper may be based on a "good faith" exchange in which each party negotiates in his or her own self-interest (barring deception and misrepresentation). However, some business relationships, such as those with financial planners, bankers, or health care workers, require the professional to act in the elder's best interest. Sometimes, a "good faith" relationship evolves beyond the original intent (e.g., the housekeeper begins to help the elder with finances). These relationships become abusive when the perpetrator continues to act in a self-serving way, rather than make decisions based on the elder's best interest. 31
Regardless of the category of offender, there are two basic types. 32 The first type includes dysfunctional people with low self-esteem who may be abusing substances,
feeling stressed, or feeling the weight of their caregiver responsibilities. They do not generally seek out victims, but instead passively take advantage of opportunities that arise. The second type includes those who methodically target vulnerable seniors, establish power, and obtain control over their assets.
Warning Signs and Indicators
Crime prevention efforts have identified a number of warning signs and indicators of both consumer fraud and financial exploitation of the elderly. Because the means of
committing the two types of crime are different, the signs and indicators are listed separately here.
Warning signs of consumer fraud. 33 These include the following:
• stacks of unsolicited mail proclaiming the recipient to be a "guaranteed winner";
• unusual number of packages containing inexpensive costume jewelry, plastic cameras, watches, etc.
• excessive numbers of magazine subscriptions;
• unsolicited phone calls from operators offering "fantastic opportunities" to claim prizes or invest;
• difficulty covering basic expenses such as food, utilities, etc., when income should support these needs;
• at the bank, accompaniment of the elder by a stranger who encourages a large withdrawal; and
• checks and withdrawals for individuals, marketing companies, or other businesses, or transactions that the elder cannot explain.
Indicators of financial abuse. 34 These include the following:
• A recent acquaintance expresses an interest in finances, promises to provide care, or ingratiates him- or herself with the elder.
• A relative or caregiver has no visible means of support and is overly interested in the elder's financial affairs.
• A relative or caregiver expresses concern over the cost of caring for the elder, or is reluctant to spend money for needed medical treatment.
• The utility and other bills are not being paid.
• The elder's placement, care, or possessions are inconsistent with the size of his or her estate.
• A relative or caregiver isolates the elder, makes excuses when friends or family call or visit, and does not give the elder messages.
• A relative or caregiver gives implausible explanations about finances, and the elder is unaware of or unable to explain the arrangements made.
• Checking account and credit card statements are sent to a relative or caregiver and are not accessible to the elder.
• At the bank, the elder is accompanied by a relative or caregiver who refuses to let the elder speak for him- or herself, and/or the elder appears nervous or afraid of the person accompanying him or her.
• The elder is concerned or confused about "missing money."
• There are suspicious signatures on the elder's checks, or the elder signs checks and another party fills in the payee and amount sections.
• There is an unusual amount of banking activity, particularly just after joint accounts are set up or someone new starts helping with the elder's finances.
• A will, power of attorney, or other legal document is drafted, but the elder does not understand its implications.
These warning signs and indicators have been incorporated into a variety of education tools targeting family members, banks, attorneys, and other concerned parties. These are discussed in the "Responses" section of this guide.
Lack of Oversight of Legal Documents
Given that legal documents such as trusts, joint bank accounts, and powers of attorney give a third party such enormous decision-making power, it is surprising that the preparation and execution of these documents is not more closely regulated. With regard to powers of attorney, very few states require them to be registered, few require a lawyer's involvement in drafting the document, and witnesses are not required to ensure the elder's signature is voluntary. 35
Although most states require notaries, they are not trained to assess mental capacity and therefore cannot protect an impaired elder from abuse. No record of ongoing use is provided to the elder, so even fully competent seniors are not able to monitor transactions made on their accounts. Finally, few states have formal procedures for revoking the authority granted under power of attorney, which allows the offender to continue abusing this power even after intervention.
Laws and Agencies Involved Every state has adopted laws to prohibit particular types of fraud and, often, to enhance penalties for fraud against the elderly. Older consumers are, of course, protected by general consumer protection laws, telemarketing laws, and other statutes governing theft, embezzlement, fraud, etc.
However, given that each state crafts its own laws, there are significant differences that make a description of national legislation concerning elder financial abuse impossible. These differences tend to apply in the following six areas: 36
1. definition of "elderly";
2. definition of abuse, whether physical abuse, sexual abuse, financial abuse, or neglect;
3. classification of abuse as criminal or civil;
4. standards for reporting abuse;
5. methods for investigating abuse; and
6. recommended sanctions.
Not only do these differences make it difficult to describe the various legislative approaches, but they also make it difficult to investigate and prosecute fraud offenders who may have victimized people in several states, all of which have different statutory requirements.
Further, fraud and financial abuse cases come under the jurisdiction of several agencies. Federal agencies such as the FBI, Postal Inspection Service, and Secret Service, as well as state and local police, may be involved in investigating large-scale consumer fraud operations. The lack of information-sharing across these agencies has been identified as a significant barrier to effective intervention. 37
When a financial crime involves the misuse or abuse of legal documents, the case may also be classified as a civil matter, requiring additional cooperation with the
prosecutor and court of jurisdiction. Banks and phone companies are also critical partners in investigating fraud or financial exploitation. Finally, given that the senior's welfare is paramount, social service agencies, such as adult protective services and medical and mental health services, must also be included in a coordinated effort to protect the senior from further harm.
Fraud and financial exploitation cases present a complicated web of behavior, intent, and consequences. The scope of jurisdiction and various areas of expertise required are unlikely to be found in any one agency, requiring cooperation across traditional jurisdictions and professional boundaries."
Irene A. Masiello / author: Paradise Costs--A Victim's Daughter Fights Back Against Elder Abuse...a pro-active, grassroots reality writing book / Elder Advocate / Member of the Elder Justice Coalition / Founder: Starlight Network News / NYC-based Magazine Columnist
__._,_.___
a story a day...December 16, 2007...from New Jersey
While we will present personal stories about alleged abuses, Irene A. Masiello, Paradise Costs--A Victim's Daughter Fights Back Against Elder Abuse or the Starlight Network News, Inc (SNN) has no personal knowledge of, or concerning the statements made above and have conducted no independent investigation as to the truthfulness or accuracy of those statements. The author of the statements is solely responsible for the content of those statements and all facts, observations, theories and opinions expressed in those statements. These are a version of events based upon the declarations and alleged declarations of aggrieved parties. No final judgment has been made concerning the credibility of any or all of these statements nor is one being made, expressly or impliedly, by their publication here nor can one be made without a complete, independent investigation. We urge you to report all suspected offenses of elder abuse, exploitation or neglect to your state and local law enforcement authorities. Thank you
Our family’s nightmare began in August 2004. My parents, Ralph and Maydelle T, had moved to Delaware to be near son Paul in 2003, after living in Red Bank, NJ for 47 years. Mom, now 77, suffers from Parkinson’s disease and related dementia. Dad, aged 82, suffers from normal pressure hydrocephalus, and has difficulty walking and breathing.
After Mom broke her hip, our cousin reappeared after an absence of 8-10years. She is Dad’s niece and is a real estate broker in New Haven, CT.
When Teresa proposed bringing Mom to Connecticut for treatment, we agreed, wanting the best medical care for our wife and mother. We trusted Teresa as a family member. Once in Connecticut, she told us Mom couldn’t come back to Delaware.
In September 2004, we received notice that Teresa had been appointed Mom’s Temporary Conservator by the Probate Court of Woodbridge CT. This was done “ex parte” (emergency), so we weren’t notified until afterwards. We agreed to an independent conservator, envisioning a neutral party who would work with us. Three attorneys were then appointed, the conservator, Mom’s attorney and the Guardian Ad Litem (GAL). These total strangers advise the court on “what is best for Maydelle”. Their view of us has been formed not through direct knowledge, but through (mis)information supplied by Teresa.
A judge denied our motion disputing the Connecticut court’s jurisdiction of the case, even though Mom has never been a Connecticut resident, never voted in Connecticut, has never had a Connecticut driver’s license or paid taxes in Connecticut. Dad, her husband of 50 years, and two daughters live in New Jersey.
The Judge decided that it was in Mom’s “best interest” that she stay in Connecticut. This effectively ended my parent’s marriage of 51 years, as Dad could not travel to Connecticut. Dad had to obtain a mortgage (at age 80!) because he was denied access to funds in joint accounts. In a proposed division of the estate, the Judge stated that he was being ”generous” in allowing Dad 50% of the joint funds, when in fact Dad was the principal contributor to that estate.
Our family (Dad, myself and my siblings), is united in wanting Mom to return to New Jersey to be near us in her final years. However, after 3 years of brainwashing by my cousin and her allies, Mom is now separated from us not only by distance, but also emotionally.
There’s a very obvious conflict of interest here: the court and its officers are the ones who get to decide whether the source of their financial “gravy train” stays in Connecticut or is allowed to leave the state! It is clearly in THEIR best interests financially that Mom stay in Connecticut. The Probate Court’s primary function in this case should be the reuniting of Maydelle with her FAMILY, and the true conservation of her person and financial estate, NOT the reallocation of her hard-earned assets to court officers’ own bank accounts!
We appealed Judge's decision in Superior Court, and another Judge Angela decided on September 28, 2007 that Connecticut has NO JURISDICTION over Mom. However, she is still in Connecticut due to the appeals process, and as she is now in the final stages of Parkinson’s disease, she may die in Connecticut.
I would not wish our circumstances on anyone. A loving family has been torn apart by a self-serving legal system containing an insidious corruption of cronyism and greed, used to the utmost by someone who knows how to manipulate the system for her own perfidious ends. Unfortunately, we now know our family is not alone in this horrible situation. As more Americans approach what should be their “Golden Years”, this assault on fundamental rights is being repeated nationwide. Being aware of the disastrous possibilities is the first step to protecting yourself and your loved ones!
Irene A. Masiello, Paradise Costs--A Victim's Daughter Fights Back Against Elder Abuse or the Starlight Network News, Inc (SNN) have no personal knowledge of, or concerning the statements made above and have conducted no independent investigation as to the truthfulness or accuracy of those statements. The author of the statements is solely responsible for the content of those statements and all facts, observations, theories and opinions expressed in those statements. These are a version of events based upon the declarations and alleged declarations of aggrieved parties. No final judgment has been made concerning the credibility of any or all of these statements nor is one being made, expressly or impliedly, by their publication here nor can one be made without a complete, independent investigation. We urge you to report all suspected offenses of elder abuse, exploitation or neglect to your state and local law enforcement authorities. Thank you
Our family’s nightmare began in August 2004. My parents, Ralph and Maydelle T, had moved to Delaware to be near son Paul in 2003, after living in Red Bank, NJ for 47 years. Mom, now 77, suffers from Parkinson’s disease and related dementia. Dad, aged 82, suffers from normal pressure hydrocephalus, and has difficulty walking and breathing.
After Mom broke her hip, our cousin reappeared after an absence of 8-10years. She is Dad’s niece and is a real estate broker in New Haven, CT.
When Teresa proposed bringing Mom to Connecticut for treatment, we agreed, wanting the best medical care for our wife and mother. We trusted Teresa as a family member. Once in Connecticut, she told us Mom couldn’t come back to Delaware.
In September 2004, we received notice that Teresa had been appointed Mom’s Temporary Conservator by the Probate Court of Woodbridge CT. This was done “ex parte” (emergency), so we weren’t notified until afterwards. We agreed to an independent conservator, envisioning a neutral party who would work with us. Three attorneys were then appointed, the conservator, Mom’s attorney and the Guardian Ad Litem (GAL). These total strangers advise the court on “what is best for Maydelle”. Their view of us has been formed not through direct knowledge, but through (mis)information supplied by Teresa.
A judge denied our motion disputing the Connecticut court’s jurisdiction of the case, even though Mom has never been a Connecticut resident, never voted in Connecticut, has never had a Connecticut driver’s license or paid taxes in Connecticut. Dad, her husband of 50 years, and two daughters live in New Jersey.
The Judge decided that it was in Mom’s “best interest” that she stay in Connecticut. This effectively ended my parent’s marriage of 51 years, as Dad could not travel to Connecticut. Dad had to obtain a mortgage (at age 80!) because he was denied access to funds in joint accounts. In a proposed division of the estate, the Judge stated that he was being ”generous” in allowing Dad 50% of the joint funds, when in fact Dad was the principal contributor to that estate.
Our family (Dad, myself and my siblings), is united in wanting Mom to return to New Jersey to be near us in her final years. However, after 3 years of brainwashing by my cousin and her allies, Mom is now separated from us not only by distance, but also emotionally.
There’s a very obvious conflict of interest here: the court and its officers are the ones who get to decide whether the source of their financial “gravy train” stays in Connecticut or is allowed to leave the state! It is clearly in THEIR best interests financially that Mom stay in Connecticut. The Probate Court’s primary function in this case should be the reuniting of Maydelle with her FAMILY, and the true conservation of her person and financial estate, NOT the reallocation of her hard-earned assets to court officers’ own bank accounts!
We appealed Judge's decision in Superior Court, and another Judge Angela decided on September 28, 2007 that Connecticut has NO JURISDICTION over Mom. However, she is still in Connecticut due to the appeals process, and as she is now in the final stages of Parkinson’s disease, she may die in Connecticut.
I would not wish our circumstances on anyone. A loving family has been torn apart by a self-serving legal system containing an insidious corruption of cronyism and greed, used to the utmost by someone who knows how to manipulate the system for her own perfidious ends. Unfortunately, we now know our family is not alone in this horrible situation. As more Americans approach what should be their “Golden Years”, this assault on fundamental rights is being repeated nationwide. Being aware of the disastrous possibilities is the first step to protecting yourself and your loved ones!
Irene A. Masiello, Paradise Costs--A Victim's Daughter Fights Back Against Elder Abuse or the Starlight Network News, Inc (SNN) have no personal knowledge of, or concerning the statements made above and have conducted no independent investigation as to the truthfulness or accuracy of those statements. The author of the statements is solely responsible for the content of those statements and all facts, observations, theories and opinions expressed in those statements. These are a version of events based upon the declarations and alleged declarations of aggrieved parties. No final judgment has been made concerning the credibility of any or all of these statements nor is one being made, expressly or impliedly, by their publication here nor can one be made without a complete, independent investigation. We urge you to report all suspected offenses of elder abuse, exploitation or neglect to your state and local law enforcement authorities. Thank you
a story a day...December 15, 2007...from Florida
While we will present personal stories about alleged abuses, Irene A. Masiello, Paradise Costs--A Victim's Daughter Fights Back Against Elder Abuse or the Starlight Network News, Inc (SNN) has no personal knowledge of, or concerning the statements made above and have conducted no independent investigation as to the truthfulness or accuracy of those statements. The author of the statements is solely responsible for the content of those statements and all facts, observations, theories and opinions expressed in those statements. These are a version of events based upon the declarations and alleged declarations of aggrieved parties. No final judgment has been made concerning the credibility of any or all of these statements nor is one being made, expressly or impliedly, by their publication here nor can one be made without a complete, independent investigation. We urge you to report all suspected offenses of elder abuse, exploitation or neglect to your state and local law enforcement authorities. Thank you
=======================
"Bill was a bachelor, no children and lived alone. He was a self-made successful businessman, community member for 40 years, a big smile and popular. Our dad died in 1946 and left Mom a widow with nine children. Bill came home from the military, young and proudly wearing his uniform, ready to help. He loved family, friends and help he did, all those years. My big brother, my idol; I loved him, everybody did, I thought, but I was so wrong.
In 2001, signs of dementia were noted by family, friends and a diagnosis of severe progressive dementia late 2003 by personal physician. Bill's six surviving siblings, elderly and limited lived elsewhere, except one. They strived to meet his needs.
A previous acquaintance returns, bringing family, offers assistance, self-appointed caregiver with request of money to meet her needs. "We will marry” she says “or be his common law spouse, sell his business, we need the money." Red flags are large and waving. Challenging, I replied, any misdeeds done by anyone compromising his health and welfare is unacceptable, the answer is no.
Pleas for assistance from protection entities, law enforcement, etc. were futile. Frustration, worry and tears were daily in my world.
Mid 2005, Adult protection and hospital intervened per hospital request and an investigation was ordered. Bill had a wreck and
now hospitalized. (Over a year later we learned the investigation had been closed shortly after his death) The car made accessible by his self-appointed caregiver with a POA [power of attorney]. The POA seemingly purchased via the internet or office supply was accepted and used also as a medical POA. Bill died during that hospitalization. Life gone from an elderly man with serious existing illnesses and a horrific disease called Alzheimer. A family member was appointed PR.
Shocking facts was being learned. The request for awareness and alert for unusual cash transactions had been ignored. A driver’s license not revoked. Insurance not transferred to vehicle but a title, tag and registration was noted. Using a POA with a questionable address and signature card, large sums of funds had been withdrawn from bank. Bill's home and business had been purchased for 1/4 of the appraised value months after a POA was issued and a diagnosis of severe progressive Alzheimer dementia.
Four months prior, his death the home was gifted back by another deed. The business was kept by the purchaser. All deed transactions and POA was signed and stamped by notary and witnesses. They were filed in courthouse records.
The appearance of attorney representation was unnoted on all documents. On signature page some lines was drawn through with changes made. Bill's wallet and cash had been turned over to POA by hospital security after his death.
A document resembling a restraining order with c/c to law enforcement ordered PR to not enter the estate property per occupiers
(POA). Requested hearing paid and filed in Probate Office per PR for eviction was ignored.
A filing for common-law-marriage in common pleas court demanding Bill be named as spouse of the female POA beginning 18 years before by law firm that employed the notary and witnesses of previously mentioned documents. Months later the case was moved to Probate Court. Final ruling was no common-law-marriage existed. No physical evidence was presented by the plaintiff.
In excess of $20,000 was paid by siblings. No attorney fees were granted by the court. Over a year had passed since Bill's death.
Court order for occupiers to return all assets and property taken pay, some expenses and clean, repair was ignored. Bill's business, car, physical and monetary assets were gone, just a few dollars left in the bank. Home and grounds, garage was trashed. No personal papers or will was located. The siblings was left with the chaos.
Before the common-law-marriage ruling, the POA notified a local funeral home, unassociated with arrangements to obtain Bill's obituary notice, list her as his wife and have it printed in local newspaper. A requested correction was later published.
But, I believe Bill's reputation was left for the public to wonder and his family’s character was left questionable, possibly left in tatters.
After much evidence gathering by family, investigator and estate attorney the case was reopened. A county grand jury indicted the woman involving abuse, neglect exploitation. Months later a bond hearing was scheduled. She did not appear and a bench warrant was issued. The indictment is now over a year and the bench warrant is six months old.
The locals say the woman lives in the area and is seen often. A victim impact request is on file but request for information is dismissive and not forthcoming. Comments of normally not prosecuted is common at county and state levels. The public says nothing will be done. The attorney generals office verbally declined to intervene unless requested solely by the solicitor. The solicitor handling the case declines to speak with me or return telephone call request. A challenge of the deed was declined by the estate attorneys.
The judicial system is unfamiliar to me. But, I believe Bill was stripped of his civil rights to live his life, in his home and in his own way. I believe individuals took advantage of an elderly vulnerable citizen and his health and welfare was compromised. I believe the protection Bill was entitled to under our rule of law was denied him. America should be made aware of any citizen that is denied those rights. Any individual doing misdeeds to a vulnerable citizen should be investigated and prosecuted to the full extent of the law. Those citizens are entitled to justice and closure for their families."
=======================
"Bill was a bachelor, no children and lived alone. He was a self-made successful businessman, community member for 40 years, a big smile and popular. Our dad died in 1946 and left Mom a widow with nine children. Bill came home from the military, young and proudly wearing his uniform, ready to help. He loved family, friends and help he did, all those years. My big brother, my idol; I loved him, everybody did, I thought, but I was so wrong.
In 2001, signs of dementia were noted by family, friends and a diagnosis of severe progressive dementia late 2003 by personal physician. Bill's six surviving siblings, elderly and limited lived elsewhere, except one. They strived to meet his needs.
A previous acquaintance returns, bringing family, offers assistance, self-appointed caregiver with request of money to meet her needs. "We will marry” she says “or be his common law spouse, sell his business, we need the money." Red flags are large and waving. Challenging, I replied, any misdeeds done by anyone compromising his health and welfare is unacceptable, the answer is no.
Pleas for assistance from protection entities, law enforcement, etc. were futile. Frustration, worry and tears were daily in my world.
Mid 2005, Adult protection and hospital intervened per hospital request and an investigation was ordered. Bill had a wreck and
now hospitalized. (Over a year later we learned the investigation had been closed shortly after his death) The car made accessible by his self-appointed caregiver with a POA [power of attorney]. The POA seemingly purchased via the internet or office supply was accepted and used also as a medical POA. Bill died during that hospitalization. Life gone from an elderly man with serious existing illnesses and a horrific disease called Alzheimer. A family member was appointed PR.
Shocking facts was being learned. The request for awareness and alert for unusual cash transactions had been ignored. A driver’s license not revoked. Insurance not transferred to vehicle but a title, tag and registration was noted. Using a POA with a questionable address and signature card, large sums of funds had been withdrawn from bank. Bill's home and business had been purchased for 1/4 of the appraised value months after a POA was issued and a diagnosis of severe progressive Alzheimer dementia.
Four months prior, his death the home was gifted back by another deed. The business was kept by the purchaser. All deed transactions and POA was signed and stamped by notary and witnesses. They were filed in courthouse records.
The appearance of attorney representation was unnoted on all documents. On signature page some lines was drawn through with changes made. Bill's wallet and cash had been turned over to POA by hospital security after his death.
A document resembling a restraining order with c/c to law enforcement ordered PR to not enter the estate property per occupiers
(POA). Requested hearing paid and filed in Probate Office per PR for eviction was ignored.
A filing for common-law-marriage in common pleas court demanding Bill be named as spouse of the female POA beginning 18 years before by law firm that employed the notary and witnesses of previously mentioned documents. Months later the case was moved to Probate Court. Final ruling was no common-law-marriage existed. No physical evidence was presented by the plaintiff.
In excess of $20,000 was paid by siblings. No attorney fees were granted by the court. Over a year had passed since Bill's death.
Court order for occupiers to return all assets and property taken pay, some expenses and clean, repair was ignored. Bill's business, car, physical and monetary assets were gone, just a few dollars left in the bank. Home and grounds, garage was trashed. No personal papers or will was located. The siblings was left with the chaos.
Before the common-law-marriage ruling, the POA notified a local funeral home, unassociated with arrangements to obtain Bill's obituary notice, list her as his wife and have it printed in local newspaper. A requested correction was later published.
But, I believe Bill's reputation was left for the public to wonder and his family’s character was left questionable, possibly left in tatters.
After much evidence gathering by family, investigator and estate attorney the case was reopened. A county grand jury indicted the woman involving abuse, neglect exploitation. Months later a bond hearing was scheduled. She did not appear and a bench warrant was issued. The indictment is now over a year and the bench warrant is six months old.
The locals say the woman lives in the area and is seen often. A victim impact request is on file but request for information is dismissive and not forthcoming. Comments of normally not prosecuted is common at county and state levels. The public says nothing will be done. The attorney generals office verbally declined to intervene unless requested solely by the solicitor. The solicitor handling the case declines to speak with me or return telephone call request. A challenge of the deed was declined by the estate attorneys.
The judicial system is unfamiliar to me. But, I believe Bill was stripped of his civil rights to live his life, in his home and in his own way. I believe individuals took advantage of an elderly vulnerable citizen and his health and welfare was compromised. I believe the protection Bill was entitled to under our rule of law was denied him. America should be made aware of any citizen that is denied those rights. Any individual doing misdeeds to a vulnerable citizen should be investigated and prosecuted to the full extent of the law. Those citizens are entitled to justice and closure for their families."
excerpt of PARADISE COSTS now available at AMAZON.com
Excerpt from PARADISE COSTS--A VICTIM'S DAUGHTER FIGHTS BACK AGAINST ELDER ABUSE
"Never in my wildest imagination could I have fathomed that my Dad's birth data would one day serve as an identification number in a forensic toxicology lab five years after his death. However, after his life ended under suspicious circumstances, I would be compelled to conduct my own investigation to determine whether my father was a victim of some type of concerted effort.
As a family, we needed to find healing and closure. The only way to come to terms with Dad’s demise would be to eliminate and/or define the possibility of foul play.
My father died in late August 2001 and the events in our home town, New York City, delayed forensic analysis. A geriatric expert advised us that the terrorist act on the WTC would cause labs around the world to be on a macabre overload as millions of specimens would pour in. He urged us to wait years before submitting evidence; we did.
In 2006, we braced ourselves for whatever the findings would be. Forensic analysis of a lock of my father’s hair, taken merely as a sentimental gesture, was done utilizing highly specialized scientific instruments to assure accurate findings.
The forensic expert performing the examination is the director of a university toxicology department at a well-known medical school and his lab is licensed by the United States Department of Justice. He’s qualified to testify as an expert witness. He had explained the testing would reveal what, if any, chemicals or drugs my father had ingested approximately one to six months prior to his death.
Our family remains chillingly devastated by the forensic report. We could not let our grief immobilize us and, therefore, we are sharing our horror story to raise consciousness about elder abuse and exploitation.
The results didn't seem possible. My father was an 80-year-old bedridden, Insulin-dependent diabetic caught in the grip of severe Alzheimer's. He was taken away from his family despite their protests and was totally reliant on strangers to nourish him through a feeding tube. How could he have willingly ingested the substances forensic toxicology revealed?
After reading this story and seeing the actual forensic report included within, readers are asked to be the judge and jury. They are urged to contemplate the levels of intervention that failed in the prevention of a tragic event.
We, an empowered and educated generation, must act and advocate in many ways, including using the “verdicts,” or, prefabricated letters and petitions contained in this book, to put a stop to a growing epidemic sweeping this country: elder abuse and exploitation.
Contemplate the staggering statistics:
The American Psychological Association estimates that each and every year, over 2.1 million older Americans are victims of physical, psychological or other forms of neglect and abuse.
The National Center on Elder Abuse estimates there may be as many as 5 million victims of financial exploitation a year in the U.S. It’s estimated that actual numbers of victims may be 5 times as many. But the Center acknowledges that no one knows the true number of victims because there is no comprehensive data collection nationwide and many seniors suffer in silence. Millions may hide their embarrassment or remain in denial, while countless others don’t have the competency to comprehend that they are being abused or exploited.
The National Committee to Prevent Elder Abuse (NCPEA) estimates that $20 million per day is pilfered from the elderly… in California alone.
National Institute of Health estimates that 4.5 million Americans have Alzheimer's disease now.
The Alzheimer’s Association estimates that 1 in 10 individuals over 65 and nearly half of those over 85 already have Alzheimer’s. It’s estimated that within the next 25 years, the numbers of sufferers will triple.
The Alzheimer’s Association states the number of Americans with Alzheimer's has more than doubled since 1980; it will continue to grow and by 2050 the number of victims with Alzheimer's could range from 11.3 million to 16 million. Increasing age is the greatest risk factor for Alzheimer's.
Every 72 seconds, someone develops Alzheimer’s; the related costs of Alzheimer’s and other dementias exceed more than $148 billion annually.
An attorney who worked in an elder law clinic stated, “An abused dog has more rights and will get more protection under the law than the elderly.”
If that is indeed the case and, it was in this story, changes are urgently needed to protect the elderly against a virulent social ill. Paradise Costs is a wake-up call.
It’s essential that the jury of public opinion be aware of what defines elder abuse, neglect and exploitation. Our understanding needs to expand beyond the image of an elderly person tied to a bed or being beaten. As this terrifying, compelling story demonstrates, too often, more subtle and ugly forms of exploitation and abuse go undetected and never are identified or reported for what they are: crimes.
Paradise Costs is a simple, effective, self contained community rally to take social action in book form. The venue is provided: reality writing. And, while younger generations may mistakenly believe this is an elder issue only, The Journal of the American Medical Association stated in a 2002 article that it will be 30-40 years before the awareness of elder abuse reaches what it NOW for child abuse.
That puts 30-year olds at risk 30 years from now.
Our future will be the result of decisions we make or don’t make now.
Readers can easily armchair-lobby for the Elder Justice Act (Senate Bill number: S-1070 and House Bill, HR: 1783) legislation now on the floor of both Houses of Congress, by simply signing the prepared tear-out reality writing letters and following the simple instructions included in this book." (c) Copyright 2000-2007-Irene A. Masiello, Starlight Network News, Inc. All rights reserved; please do not rerint without permission.
purchase the softcover with quickest deliver time at: http://buybooksontheweb.com/peek.aspx?id=4103
or at Amazon.com or BarnesandNoble.com
Contact the author for an autographed copy at irenemasiello@msn.com; a portion of the author's proceeds will be donated to a non-profit elder adovocate group support elder justice.
Free by-lined articles are available for your publication. Please contact Vine Communications or the author. Thank you.
"Never in my wildest imagination could I have fathomed that my Dad's birth data would one day serve as an identification number in a forensic toxicology lab five years after his death. However, after his life ended under suspicious circumstances, I would be compelled to conduct my own investigation to determine whether my father was a victim of some type of concerted effort.
As a family, we needed to find healing and closure. The only way to come to terms with Dad’s demise would be to eliminate and/or define the possibility of foul play.
My father died in late August 2001 and the events in our home town, New York City, delayed forensic analysis. A geriatric expert advised us that the terrorist act on the WTC would cause labs around the world to be on a macabre overload as millions of specimens would pour in. He urged us to wait years before submitting evidence; we did.
In 2006, we braced ourselves for whatever the findings would be. Forensic analysis of a lock of my father’s hair, taken merely as a sentimental gesture, was done utilizing highly specialized scientific instruments to assure accurate findings.
The forensic expert performing the examination is the director of a university toxicology department at a well-known medical school and his lab is licensed by the United States Department of Justice. He’s qualified to testify as an expert witness. He had explained the testing would reveal what, if any, chemicals or drugs my father had ingested approximately one to six months prior to his death.
Our family remains chillingly devastated by the forensic report. We could not let our grief immobilize us and, therefore, we are sharing our horror story to raise consciousness about elder abuse and exploitation.
The results didn't seem possible. My father was an 80-year-old bedridden, Insulin-dependent diabetic caught in the grip of severe Alzheimer's. He was taken away from his family despite their protests and was totally reliant on strangers to nourish him through a feeding tube. How could he have willingly ingested the substances forensic toxicology revealed?
After reading this story and seeing the actual forensic report included within, readers are asked to be the judge and jury. They are urged to contemplate the levels of intervention that failed in the prevention of a tragic event.
We, an empowered and educated generation, must act and advocate in many ways, including using the “verdicts,” or, prefabricated letters and petitions contained in this book, to put a stop to a growing epidemic sweeping this country: elder abuse and exploitation.
Contemplate the staggering statistics:
The American Psychological Association estimates that each and every year, over 2.1 million older Americans are victims of physical, psychological or other forms of neglect and abuse.
The National Center on Elder Abuse estimates there may be as many as 5 million victims of financial exploitation a year in the U.S. It’s estimated that actual numbers of victims may be 5 times as many. But the Center acknowledges that no one knows the true number of victims because there is no comprehensive data collection nationwide and many seniors suffer in silence. Millions may hide their embarrassment or remain in denial, while countless others don’t have the competency to comprehend that they are being abused or exploited.
The National Committee to Prevent Elder Abuse (NCPEA) estimates that $20 million per day is pilfered from the elderly… in California alone.
National Institute of Health estimates that 4.5 million Americans have Alzheimer's disease now.
The Alzheimer’s Association estimates that 1 in 10 individuals over 65 and nearly half of those over 85 already have Alzheimer’s. It’s estimated that within the next 25 years, the numbers of sufferers will triple.
The Alzheimer’s Association states the number of Americans with Alzheimer's has more than doubled since 1980; it will continue to grow and by 2050 the number of victims with Alzheimer's could range from 11.3 million to 16 million. Increasing age is the greatest risk factor for Alzheimer's.
Every 72 seconds, someone develops Alzheimer’s; the related costs of Alzheimer’s and other dementias exceed more than $148 billion annually.
An attorney who worked in an elder law clinic stated, “An abused dog has more rights and will get more protection under the law than the elderly.”
If that is indeed the case and, it was in this story, changes are urgently needed to protect the elderly against a virulent social ill. Paradise Costs is a wake-up call.
It’s essential that the jury of public opinion be aware of what defines elder abuse, neglect and exploitation. Our understanding needs to expand beyond the image of an elderly person tied to a bed or being beaten. As this terrifying, compelling story demonstrates, too often, more subtle and ugly forms of exploitation and abuse go undetected and never are identified or reported for what they are: crimes.
Paradise Costs is a simple, effective, self contained community rally to take social action in book form. The venue is provided: reality writing. And, while younger generations may mistakenly believe this is an elder issue only, The Journal of the American Medical Association stated in a 2002 article that it will be 30-40 years before the awareness of elder abuse reaches what it NOW for child abuse.
That puts 30-year olds at risk 30 years from now.
Our future will be the result of decisions we make or don’t make now.
Readers can easily armchair-lobby for the Elder Justice Act (Senate Bill number: S-1070 and House Bill, HR: 1783) legislation now on the floor of both Houses of Congress, by simply signing the prepared tear-out reality writing letters and following the simple instructions included in this book." (c) Copyright 2000-2007-Irene A. Masiello, Starlight Network News, Inc. All rights reserved; please do not rerint without permission.
purchase the softcover with quickest deliver time at: http://buybooksontheweb.com/peek.aspx?id=4103
or at Amazon.com or BarnesandNoble.com
Contact the author for an autographed copy at irenemasiello@msn.com; a portion of the author's proceeds will be donated to a non-profit elder adovocate group support elder justice.
Free by-lined articles are available for your publication. Please contact Vine Communications or the author. Thank you.
Friday, December 14, 2007
The first story will be my own; this is the Paradise Costs press release issued one month ago today
New Book Exposes Elder Abuse in America
Driven by grim statistics from national elder advocacy groups stating there may be more than 25 million cases of elder exploitation a year in America, a victim's daughter offers her father's suspicious forensic report to readers to exemplify a terrifying reality. Created in a work-book format with pre-written reality writing letters as tear-outs, Paradise Costs--A Victim's Daughter Fights Back Against Elder Abuse, is a frightening personal narrative calling attention to the Elder Justice Act now before both Houses of Congress.
New York (PRWEB) November 14, 2007 -- Deception, corruption, exploitation and manipulation collide in Paradise Costs: A Victim's Daughter Fights Back Against Elder Abuse, the heart-wrenching story of an infirm, 80-year-old man with Alzheimer's who was taken from his family, stripped of his assets and exploited despite the pleas of his next of kin.
What makes this story even more compelling? It's not fiction.
Mario Masiello, a hearing-impaired, honorably discharged, World War II veteran retired from the New York City Transit Authority and relocated to the quaint town of Walterboro, South Carolina to realize his life-long dream of utopian living. Twenty years later, his blissful life was ravaged by the death of his wife and by several illnesses including diabetes, Alzheimer's and depression. Paradise Costs tells the chilling true story of the last years of his life when he was "grandpa-napped" from his family by neighbors and "friends."
"I never thought this type of betrayal and brutality could happen in my family," says Irene A. Masiello, Paradise Costs author and Mario's daughter. "My experience has made me realize how little people know about the deadly American pandemic that is elder abuse."
The American Psychological Association estimates that approximately 2.1 million senior citizens are victims of physical and psychological neglect and abuse every year. However, the numbers are grossly misleading for too many cases go unreported while most people are unaware or under-informed of elder abuse's broader definitions.
In this gripping personal narrative the author gives a voice to countless victims who suffer and die in silence while the staggering issues paint a gruesome picture. Driven by more grim statistics from national elder advocacy groups stating there may be an additional 25 million cases of elder exploitation, Irene shares her family's story. In a bold stance, she drives home the pervasiveness of elder abuse, neglect and exploitation by offering her father's suspicious forensic report to readers to exemplify a terrifying reality. Even more important, she offers a viable solution to the problem that allows every American to be pro-active in helping to eradicate this social ill.
"As difficult as the aftermath of this tragedy has been, I am determined not to let my father's death be in vain," says Irene. "My goal now is to take my story to the nation and raise awareness of this deplorable social ill that's plaguing America."
Irene's objective is to provide a voice to the millions of victims that fall through the cracks every year. As readers accompany the Masiello family along their horrific journey they can't help but recognize and call for legislation that could prevent their own families from being victimized by this fast-growing phenomenon. It's robbing our seniors of their dignity and right to life while causing pain and hardship for their loved ones.
In an effort to create a reality-writing campaign, prefabricated "tear-out" letters and petitions to government officials are contained in Paradise Costs, and are available as free downloads at the book's website, www.paradisecosts.com. Readers can follow simple directions on how to e-mail legislators right from the site.
"I'm urging participation via our interactive book to lobby legislators to pass the Elder Justice Act [EJA] now on the floor of both Houses of Congress," says the author. "Hopefully, others will be spared the suffering my father was forced to endure and their families will not have to look on helplessly in horror as mine did."
Masiello, a member of the Elder Justice Coalition, is urging national reform addressing elder issues and continued support to implement, amend and enforce the EJA. A portion of her proceeds from her book will be donated to a non-profit organization supporting that cause.
For more information, please visit www.ParadiseCosts.com or contact Vine Communications at (305) 447-8678. If your family has been a victim please share a 1000 word synopsis of your story including the name of your town or county and state.
One story a day will be shared providing you agree to post your story on www.Craigslist.org in the LOCAL NEWS section. Please follow the rules on Craigslist.
One story and one listing per person on every day. THANK YOU
Eastablishing the rules about publishing stories will be a definied more carefully in the next few days.
###
Driven by grim statistics from national elder advocacy groups stating there may be more than 25 million cases of elder exploitation a year in America, a victim's daughter offers her father's suspicious forensic report to readers to exemplify a terrifying reality. Created in a work-book format with pre-written reality writing letters as tear-outs, Paradise Costs--A Victim's Daughter Fights Back Against Elder Abuse, is a frightening personal narrative calling attention to the Elder Justice Act now before both Houses of Congress.
New York (PRWEB) November 14, 2007 -- Deception, corruption, exploitation and manipulation collide in Paradise Costs: A Victim's Daughter Fights Back Against Elder Abuse, the heart-wrenching story of an infirm, 80-year-old man with Alzheimer's who was taken from his family, stripped of his assets and exploited despite the pleas of his next of kin.
What makes this story even more compelling? It's not fiction.
Mario Masiello, a hearing-impaired, honorably discharged, World War II veteran retired from the New York City Transit Authority and relocated to the quaint town of Walterboro, South Carolina to realize his life-long dream of utopian living. Twenty years later, his blissful life was ravaged by the death of his wife and by several illnesses including diabetes, Alzheimer's and depression. Paradise Costs tells the chilling true story of the last years of his life when he was "grandpa-napped" from his family by neighbors and "friends."
"I never thought this type of betrayal and brutality could happen in my family," says Irene A. Masiello, Paradise Costs author and Mario's daughter. "My experience has made me realize how little people know about the deadly American pandemic that is elder abuse."
The American Psychological Association estimates that approximately 2.1 million senior citizens are victims of physical and psychological neglect and abuse every year. However, the numbers are grossly misleading for too many cases go unreported while most people are unaware or under-informed of elder abuse's broader definitions.
In this gripping personal narrative the author gives a voice to countless victims who suffer and die in silence while the staggering issues paint a gruesome picture. Driven by more grim statistics from national elder advocacy groups stating there may be an additional 25 million cases of elder exploitation, Irene shares her family's story. In a bold stance, she drives home the pervasiveness of elder abuse, neglect and exploitation by offering her father's suspicious forensic report to readers to exemplify a terrifying reality. Even more important, she offers a viable solution to the problem that allows every American to be pro-active in helping to eradicate this social ill.
"As difficult as the aftermath of this tragedy has been, I am determined not to let my father's death be in vain," says Irene. "My goal now is to take my story to the nation and raise awareness of this deplorable social ill that's plaguing America."
Irene's objective is to provide a voice to the millions of victims that fall through the cracks every year. As readers accompany the Masiello family along their horrific journey they can't help but recognize and call for legislation that could prevent their own families from being victimized by this fast-growing phenomenon. It's robbing our seniors of their dignity and right to life while causing pain and hardship for their loved ones.
In an effort to create a reality-writing campaign, prefabricated "tear-out" letters and petitions to government officials are contained in Paradise Costs, and are available as free downloads at the book's website, www.paradisecosts.com. Readers can follow simple directions on how to e-mail legislators right from the site.
"I'm urging participation via our interactive book to lobby legislators to pass the Elder Justice Act [EJA] now on the floor of both Houses of Congress," says the author. "Hopefully, others will be spared the suffering my father was forced to endure and their families will not have to look on helplessly in horror as mine did."
Masiello, a member of the Elder Justice Coalition, is urging national reform addressing elder issues and continued support to implement, amend and enforce the EJA. A portion of her proceeds from her book will be donated to a non-profit organization supporting that cause.
For more information, please visit www.ParadiseCosts.com or contact Vine Communications at (305) 447-8678. If your family has been a victim please share a 1000 word synopsis of your story including the name of your town or county and state.
One story a day will be shared providing you agree to post your story on www.Craigslist.org in the LOCAL NEWS section. Please follow the rules on Craigslist.
One story and one listing per person on every day. THANK YOU
Eastablishing the rules about publishing stories will be a definied more carefully in the next few days.
###
December 14th 2007...we begin, the first story is in:
While we will present personal stories about alleged abuses, Irene A. Masiello, Paradise Costs--A Victim's Daughter Fights Back Against Elder Abuse or the Starlight Network News, Inc (SNN) has no personal knowledge of, or concerning the statements made above and have conducted no independent investigation as to the truthfulness or accuracy of those statements. The author of the statements is solely responsible for the content of those statements and all facts, observations, theories and opinions expressed in those statements. These are a version of events based upon the declarations and alleged declarations of aggrieved parties. No final judgment has been made concerning the credibility of any or all of these statements nor is one being made, expressly or impliedly, by their publication here nor can one be made without a complete, independent investigation. We urge you to report all suspected offenses of elder abuse, exploitation or neglect to your state and local law enforcement authorities. Thank you
=================
Far worse than elder abuse is the failure by governmental agencies to
acknowledge evidence of abuse. Case in point:
Despite repeated requests, no California or San Francisco law
enforcement agency has seen fit to probe why an "exemplary" San Francisco social
services agency hid then lied to concerned East Coast family about the
date of death of my cousin, Henry, who at the time of death, so far as
I know, was a resident at the conservator-connected Assisted Living
Facility in San Francisco.
And why did the agency, contrary to established social services agency
protocol, fail to compile and research my cousin's history?
Why did the agency target my cousin of all people as being in "dire
need of substantial assistance" when, at the time there were countless
other seniors, many of them chronically ill and homeless compared to my
cousin, who lived in a long-time residence and was on record as wanting
no part of assisted living facilities?
There are several other indications of red flag improprieties relating
to the taking and death of my cousin which have been ignored by law
enforcement so that vital questions, after six years -- six years! --
remain unanswered.
D
=================
Far worse than elder abuse is the failure by governmental agencies to
acknowledge evidence of abuse. Case in point:
Despite repeated requests, no California or San Francisco law
enforcement agency has seen fit to probe why an "exemplary" San Francisco social
services agency hid then lied to concerned East Coast family about the
date of death of my cousin, Henry, who at the time of death, so far as
I know, was a resident at the conservator-connected Assisted Living
Facility in San Francisco.
And why did the agency, contrary to established social services agency
protocol, fail to compile and research my cousin's history?
Why did the agency target my cousin of all people as being in "dire
need of substantial assistance" when, at the time there were countless
other seniors, many of them chronically ill and homeless compared to my
cousin, who lived in a long-time residence and was on record as wanting
no part of assisted living facilities?
There are several other indications of red flag improprieties relating
to the taking and death of my cousin which have been ignored by law
enforcement so that vital questions, after six years -- six years! --
remain unanswered.
D
STOP ELDER ABUSE NOW
Here's an excerpt from my book and the reason why "a small group of committed citizens" will change the world....Margaret Mead said many years ago that, a small group is the "only thing that has EVER changed the world." Everyday, there will be a story of elder abuse posted here and the location of the story could be Anywhere, USA.
from PARADISE COSTS--A Victim's Daughter Fights Back Against Elder Abuse...
"Before, during and after my father’s death, lawyers and social workers repeatedly made requests—they urged me to take his story public. In what has been a staggering evolution of consciousness for me, I have done so. I could not allow grief to cripple me— the stakes are too high.
Seventy-eight million baby boomers are the next generation of potential victims. In telling this painful and harrowing story it is my hope that we, an empowered and educated generation, will act and advocate in many ways including using the letters and petitions contained in this book to put a stop the pandemic of elder abuse existing in this country.
We must act now for the statistics are staggering:
The American Psychological Association estimates that each and every year over 2.1 million older Americans are victims of physical, psychological or other forms of neglect and abuse.
The National Center on Elder Abuse estimates there may be as many as 5 million victims of financial exploitation a year in the U.S. It’s also estimated that actual numbers of victims may be 5 times as many. The Center acknowledges that because there is no comprehensive data collection nationwide many seniors remain uncounted and suffer in silence. Millions may hide their embarrassment or remain in denial while countless others don’t have the competency to comprehend that they are being abused, neglect or exploited.
The National Committee to Prevent Elder Abuse (NCPEA) estimates that $20 million per day is pilfered from the elderly…in California alone.
National Institute of Health estimates that 4.5 million Americans have Alzheimer's disease now.
The Alzheimer’s Association estimates that 1 in 10 individuals over 65 and nearly half of those over 85 already have Alzheimer’s. It’s estimated that within the next 25 years the number of sufferers will triple.
The Alzheimer’s Association states the number of Americans with Alzheimer's has more than doubled since 1980; it will continue to grow, and by 2050 the number of victims with Alzheimer's could range from 11.3 million to 16 million. Increasing age is the greatest risk factor for Alzheimer's.
Every 72 seconds someone develops Alzheimer’s; the related costs of Alzheimer’s and other dementias exceed more than $148 billion annually.
The Alzheimer’s Association reiterates that Alzheimer’s disease is not a normal part of the aging process. It is a devastating disorder of the brain’s nerve cells that impairs memory, thinking and behavior. Obviously, victims of this ailment will be the most vulnerable among us.
An attorney who worked in an elder legal clinic told me, “An abused dog has more rights and will get more protection under the law than the elderly.”
If that is the case and, for my father’s it indeed was, immense changes are urgently needed to protect the elderly. Therefore, Paradise Costs is a wake-up call for action. We must change the laws now or millions will face victimization and too many with be casualties.
The emotional, physical and financial exploitation my parent suffered is all too common. Tragically, my father lacked the competency, as millions do, to recognize how he was being exploited.
It’s essential that the jury of public opinion—those reading this frightful story—be aware of what defines elder abuse, neglect and exploitation.
Our understanding needs to expand beyond the image of an elderly person tied to a bed or being beaten. As this story demonstrates more subtle forms of exploitation and abuse too often go undetected and are never identified or reported for what they are: crimes.
In the pages that follow, it will become dreadfully clear how vulnerable senior citizens are and perhaps in ways one could never imagine. My father’s story is not included in the ugly statistics; he fell through the cracks. Too many do.
Auschwitz survivor Elie Wiesel said societies are judged by how they treat the defenseless. He spoke to the unique needs of the elderly stating that our society “is too busy worshiping the culture of youth” to value them. Instead of ignoring the needs of the elderly, Wiesel said, people should consider it an opportunity and a privilege to extend a helping hand to them. “Why does our society try to do so much for children but so little for the old?” he asked.
Elder abuse, neglect and exploitation are not indigenous to any one area of this country. It is a multidimensional and pervasive collective ill that permeates throughout every layer of our society. It’s an issue that’s everyone’s business.
The Journal of the American Medical Association (appendix 2) has estimated that it will take 30-40 years before the awareness of elder abuse achieves the level of recognition that child abuse has now.
Can we wait that long?
Readers as participants in “reality writing” can change the future. It’s within the scope of the most enlightened and powerful generation of all time, the baby boomers, to use its huge political and economic clout on this crucial issue.
After you read this story, please make a decision about whether this cautionary, tragic tale has enough merit to motivate you to action remembering that as many as one-in-three baby boomers may be victims of some form of elder abuse.
If it does serve as a wake-up call, please “vote” your consentience by signing and mailing the prefabricated reality writing letters included in Chapter 10. Please pass around the petitions also included and mail or fax them to your U.S. Senators. Feel free to make copies of any part of the reality writing section of this book and pass it along to others.
The Elder Justice Act (EJA) came before both the U.S. House of Representatives and the U.S. Senate just as the finishing touches were put on this book in late March 2007. It is critical that the EJA, U.S. House of Representative Bill number HR-1783 and the U.S. Senate Bill number S-1070, be supported into law as soon as possible. And readers can help by imploring action now and in the future by becoming proactive immediately via reality writing.
After the EJA passes our task is not complete and, therefore, we must remain vigilant. It’s vital that the EJA be amended, as needed, and enforced to serve the welfare of the largest number of elderly.
We must, therefore, remain proactive demonstrating our ongoing interest and support for social reform on behalf of the elderly of this nation.
It’s obligatory for concerned citizens to continue to pressure Congress with reality writing letters enclosed in this book to drive home our imperative message.
We, as committed and watchful citizens, must demonstrate our steadfast interest by pledging to remain involved by continuing to telegraph our federal legislators that we want to stop elder abuse now.
It is to that end this book was written. This is a pro-active rally against the painful lessons taught by my own personal history, one many of us can relate to, and by other tragic world events that are remembered as blights upon humanity.
Apathy always costs in this “paradise” known as democracy or anywhere else on our planet.
As Martin Luther King, Jr. stated, “Justice denied anywhere diminishes justice everywhere.”
Thank you,
Irene A. Masiello
Member of the ELDER JUSTICE COALITION
April 2007 (and now on December 14, 2007)
SEND YOUR STORIES TO:
standing2gether@yahoo.com
Rules as of now (this will be checked with my attorneys on Monday)
1000 words (spell checked and properly punctuated, please)
no names (refer to yourself as a first name and a location only)
county and state only. No names will be printed and we reserve the right to
edit. Thank you.
from PARADISE COSTS--A Victim's Daughter Fights Back Against Elder Abuse...
"Before, during and after my father’s death, lawyers and social workers repeatedly made requests—they urged me to take his story public. In what has been a staggering evolution of consciousness for me, I have done so. I could not allow grief to cripple me— the stakes are too high.
Seventy-eight million baby boomers are the next generation of potential victims. In telling this painful and harrowing story it is my hope that we, an empowered and educated generation, will act and advocate in many ways including using the letters and petitions contained in this book to put a stop the pandemic of elder abuse existing in this country.
We must act now for the statistics are staggering:
The American Psychological Association estimates that each and every year over 2.1 million older Americans are victims of physical, psychological or other forms of neglect and abuse.
The National Center on Elder Abuse estimates there may be as many as 5 million victims of financial exploitation a year in the U.S. It’s also estimated that actual numbers of victims may be 5 times as many. The Center acknowledges that because there is no comprehensive data collection nationwide many seniors remain uncounted and suffer in silence. Millions may hide their embarrassment or remain in denial while countless others don’t have the competency to comprehend that they are being abused, neglect or exploited.
The National Committee to Prevent Elder Abuse (NCPEA) estimates that $20 million per day is pilfered from the elderly…in California alone.
National Institute of Health estimates that 4.5 million Americans have Alzheimer's disease now.
The Alzheimer’s Association estimates that 1 in 10 individuals over 65 and nearly half of those over 85 already have Alzheimer’s. It’s estimated that within the next 25 years the number of sufferers will triple.
The Alzheimer’s Association states the number of Americans with Alzheimer's has more than doubled since 1980; it will continue to grow, and by 2050 the number of victims with Alzheimer's could range from 11.3 million to 16 million. Increasing age is the greatest risk factor for Alzheimer's.
Every 72 seconds someone develops Alzheimer’s; the related costs of Alzheimer’s and other dementias exceed more than $148 billion annually.
The Alzheimer’s Association reiterates that Alzheimer’s disease is not a normal part of the aging process. It is a devastating disorder of the brain’s nerve cells that impairs memory, thinking and behavior. Obviously, victims of this ailment will be the most vulnerable among us.
An attorney who worked in an elder legal clinic told me, “An abused dog has more rights and will get more protection under the law than the elderly.”
If that is the case and, for my father’s it indeed was, immense changes are urgently needed to protect the elderly. Therefore, Paradise Costs is a wake-up call for action. We must change the laws now or millions will face victimization and too many with be casualties.
The emotional, physical and financial exploitation my parent suffered is all too common. Tragically, my father lacked the competency, as millions do, to recognize how he was being exploited.
It’s essential that the jury of public opinion—those reading this frightful story—be aware of what defines elder abuse, neglect and exploitation.
Our understanding needs to expand beyond the image of an elderly person tied to a bed or being beaten. As this story demonstrates more subtle forms of exploitation and abuse too often go undetected and are never identified or reported for what they are: crimes.
In the pages that follow, it will become dreadfully clear how vulnerable senior citizens are and perhaps in ways one could never imagine. My father’s story is not included in the ugly statistics; he fell through the cracks. Too many do.
Auschwitz survivor Elie Wiesel said societies are judged by how they treat the defenseless. He spoke to the unique needs of the elderly stating that our society “is too busy worshiping the culture of youth” to value them. Instead of ignoring the needs of the elderly, Wiesel said, people should consider it an opportunity and a privilege to extend a helping hand to them. “Why does our society try to do so much for children but so little for the old?” he asked.
Elder abuse, neglect and exploitation are not indigenous to any one area of this country. It is a multidimensional and pervasive collective ill that permeates throughout every layer of our society. It’s an issue that’s everyone’s business.
The Journal of the American Medical Association (appendix 2) has estimated that it will take 30-40 years before the awareness of elder abuse achieves the level of recognition that child abuse has now.
Can we wait that long?
Readers as participants in “reality writing” can change the future. It’s within the scope of the most enlightened and powerful generation of all time, the baby boomers, to use its huge political and economic clout on this crucial issue.
After you read this story, please make a decision about whether this cautionary, tragic tale has enough merit to motivate you to action remembering that as many as one-in-three baby boomers may be victims of some form of elder abuse.
If it does serve as a wake-up call, please “vote” your consentience by signing and mailing the prefabricated reality writing letters included in Chapter 10. Please pass around the petitions also included and mail or fax them to your U.S. Senators. Feel free to make copies of any part of the reality writing section of this book and pass it along to others.
The Elder Justice Act (EJA) came before both the U.S. House of Representatives and the U.S. Senate just as the finishing touches were put on this book in late March 2007. It is critical that the EJA, U.S. House of Representative Bill number HR-1783 and the U.S. Senate Bill number S-1070, be supported into law as soon as possible. And readers can help by imploring action now and in the future by becoming proactive immediately via reality writing.
After the EJA passes our task is not complete and, therefore, we must remain vigilant. It’s vital that the EJA be amended, as needed, and enforced to serve the welfare of the largest number of elderly.
We must, therefore, remain proactive demonstrating our ongoing interest and support for social reform on behalf of the elderly of this nation.
It’s obligatory for concerned citizens to continue to pressure Congress with reality writing letters enclosed in this book to drive home our imperative message.
We, as committed and watchful citizens, must demonstrate our steadfast interest by pledging to remain involved by continuing to telegraph our federal legislators that we want to stop elder abuse now.
It is to that end this book was written. This is a pro-active rally against the painful lessons taught by my own personal history, one many of us can relate to, and by other tragic world events that are remembered as blights upon humanity.
Apathy always costs in this “paradise” known as democracy or anywhere else on our planet.
As Martin Luther King, Jr. stated, “Justice denied anywhere diminishes justice everywhere.”
Thank you,
Irene A. Masiello
Member of the ELDER JUSTICE COALITION
April 2007 (and now on December 14, 2007)
SEND YOUR STORIES TO:
standing2gether@yahoo.com
Rules as of now (this will be checked with my attorneys on Monday)
1000 words (spell checked and properly punctuated, please)
no names (refer to yourself as a first name and a location only)
county and state only. No names will be printed and we reserve the right to
edit. Thank you.
Friday, December 7, 2007
Thank you for the support...please keep it going
Blogs are springing up, groups are forming and I have heard from people all over the country. Please read Paradise Costs. It's not about my father any more. It's about everyone of us who is vulnerable. My ignorance about the subject originally prompted my anger, however, thanks to the social workers and attorneys of South Carolina, my eyes were opened to a social ill of enormous proportion.
Please act now and write, call, pester a senator, beg, plead, register to vote...why isn't the Elder Justice Act part of the presidential campaign?
Thank you Ray at ElderAbuseHelp.org and Andrew at http://elder-abuse-spotlight.blogspot.com/2007/11/new-book-exposes-elder-abuse-in-america.html
Please act now and write, call, pester a senator, beg, plead, register to vote...why isn't the Elder Justice Act part of the presidential campaign?
Thank you Ray at ElderAbuseHelp.org and Andrew at http://elder-abuse-spotlight.blogspot.com/2007/11/new-book-exposes-elder-abuse-in-america.html
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