Judge Denies Request to Suppress Defendant’s Statements in Elder Abuse Case (MN. USA)

Judge Denies Request to Suppress Defendant’s Statements in Elder Abuse Case (MN. USA)

Judge denies request to suppress Broitzman’s statements in elder abuse case

Plea hearing scheduled for Friday

By Sarah Stultz

Albert Lea Tribune

August 24, 2009

Freeborn County District Court Judge Steve Schwab has denied the motions made by Brianna Broitzman’s lawyer that his client’s statements to authorities be thrown out in the case of alleged elder abuse at Good Samaritan Society of Albert Lea.

In a written order filed Aug. 12, Schwab states Broitzman’s statements were not the result of custodial interrogation and that they were voluntarily given.

He defined custodial interrogation as “questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.”

Broitzman, 20, faces 11 charges, ranging from fifth-degree assault, criminal abuse of a vulnerable adult, disorderly conduct and mandatory failure to report suspected abuse at the nursing home during the first part of 2008. Local authorities interviewed her about the allegations on May 6, 2008.

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Help Is Available; Just Make That Call (TN. USA)

Help is available; just make that call

By Janet Lamb

August 20, 2009

It takes a community to protect Tennessee’s elders and vulnerable adults from being victims of abusive, exploitive and neglectful situations, and thanks to the state’s responsive and preventive programs, help is available.

While Adult Protective Services responds to and investigates reports of abuse, the Tennessee Commission on Aging and Disability and the Area Agencies on Aging and Disability administer and support prevention programs and services to keep seniors safe at home.

For those who find themselves in or aware of abusive situations, reports can be made anonymously by calling Adult Protective Services’ hot line at 1-888-277-8366 (8 a.m.-4 p.m. Monday-Friday).


Senior centers provide a community support system for seniors for nutrition, community resources and assurance services. They empower seniors by educating them on the signs of abuse, providing a safe haven for activities and offering telephone reassurance for the home-bound. They allow vulnerable Tennesseans to remain in the public eye so that any signs of abuse can be spotted by staff or members.

The National Family Caregiver Support Program provides services for caregivers including information and assistance; training, support groups, individual counseling and respite care. These services give caregivers the help they need to prevent caregiver burnout and abuse to the patient. For information on this and other prevention programs call 1-866-836-6678 or go to www.tennessee.gov/comaging.

There is no single agency or organization that can provide all the needed services and protection that disabled and elderly adults require and deserve. It takes involvement and interaction from everyone to meet the needs of vulnerable adults: Listen … Believe … Act!

SOURCE: The Tennessean

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Two Charged in Elderly Abuse Case (GA. USA)

Two Charged in Elderly Abuse Case (GA. USA)

Aug 12, 2009

By Antwan Harris

Dalton veterans we spoke with say they were disgusted to hear a 73-year-old, disabled veteran had been locked in his basement for nearly 14 hours by people he trusted.

Police said the senior citizen’s caretakers, 33-year-old Crystal Bryant and a 26-year-old woman, are now being charged with elderly abuse and theft.

Back on June 24, the man’s landlord went to collect past due rent when he discovered the victim locked in the room behind a door in his home off West Field Drive in Dalton.

“There are always opportunist that will take advantage of anybody if they get the chance,” said Edward Kinney. “There are people out there who don’t care who they go after.”

The man had been staying in the home for at least two months after leaving an assisted living facility.

Police said on several accounts, the elderly man would give the two women gas money for errands, but they would never return.

Larry Stewart said the VFW hall he attends reaches out to local veterans to make sure cases like this don’t happen again.

“We need to let these people know that we will look after them if they have a problem and that is what we are here for,” said Stewart.

The two say the abused man had never been through their post in Dalton, but said most disabled veterans around the abused man’s age don’t seek professional help from fear of being victims of clinical abuse.

But in this case, is was the caretakers at home who mistreated him.

The two are being charged with abuse of an elder and theft.

SOURCE: WRCB-TV
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Elder Abuse Can Happen Anywhere

SHADES OF GRAY: Elder abuse can happen anywhere

By AGNES HERMAN

For the North County Times

August 12, 2009

The shame of elder abuse does not diminish; it simply escalates. A recent news release from Susan Reichel, registered nurse and president/CEO of Advanced Home Health Services in San Diego, points out that an estimated 2 million elder Americans suffer abuse: physical, mental, financial. It can occur at home or in a facility. The abuser can be a family member or a hired caregiver.

The situation threatens to worsen; the Census Bureau estimates that by 2030, 1 in 5 citizens will be 65 or older, and by 2050, the 85-plus group will have tripled.

we should recognize these signs of abuse and make it our business to check them out.

Some clues to look for:

— Unexplained injuries: bruises, scratches, fractures.

— Serious and persistent bed sores, signs of improper nursing care.

— Persistent or chronic infections —- more signs of improper care.

— Sudden or chronic weight loss; is food being withheld?

— Unsanitary living conditions, linens not changed, clutter ignored.

— Increasing dehydration; is water being withheld?

— Sexual abuse: unusual bleeding, suspicious injuries, STDs.

— Repeated wandering; patients who have dementia or Alzheimer’s disease may not be monitored correctly.

— Excessive costs, financial fraud, overcharging on medical bills, etc.

Financial scams and fraud are insidious forms of elder abuse that require alertness and special precautions. These tips were suggested by “Seniors and the Law: A guide for Maturing Californians” from the California Bar Association:

— Beware of “fake charities.” Call the Better Business Bureau or Attorney General’s office if you are suspicious. Ask door-to-door solicitors for a business permit or registration, or just say firmly, “No, thank you.”

— Be wary of get-rich-quick schemes. Never invest before you investigate. Don’t hesitate to call the Department of Corporations at 866-275-2677.


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Health Care Worker’s Theft Shines Light on Elder Abuse (OH. USA)

Background checks can prevent exploitation

BY JESSICA CUFFMAN

THE MARION STAR

AUGUST 9, 2009

The daughter of an elderly theft victim said her family was devastated when a home health care worker stole more than $3,000 from her mother. And she wants to make sure it doesn’t happen to anyone else.

Michele Stokes was emotional at a sentencing hearing for Lora Huffine, a woman who cashed a check sent to Stokes’ mother’s home — money that was for her mother’s health care.

Huffine, 40, of Ashley, was sentenced to two years community controlled sanctions, 20 days in jail, and was banned from working in home health care anywhere as part of her punishment.

But because she wasn’t a licensed worker and was found through an advertisement Stokes collected from an agency where it was just posted, she fears it could happen again to someone else.


(Please go to Source for Tips on Prevention of Exploitation and Abuse)

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Tips to Portect Senior Citizens from Elder Abuse Identity Theft (USA)

Tips to protect senior citizens from elder abuse identity theft

August 9,

Houston Family Examiner

BY Lisa Carey

There are far too many sad, but true crime stories of seniors and the elderly being abused, whether physically, emotionally, mentally or financially.

What can you do to protect yourself or your elderly loved ones?

  • Stay educated about identity theft, recent identity theft scams, identity theft laws, your rights, remedies and so on. Here’s a great list of resources to check out and save.
  • Trusted Sources for Helpful Information on Protecting Yourself from Identity Theft: AARP, the American Association of Retired Persons offers tips through their magazine and their website.
  • IDtheft.gov is the federal government’s website resource.
  • The non-profit organization, Identity Theft Resource Center, has information on their website, , as well as a toll free number, 1 (888) 400-5530.
  • The US Department of Justice

· Visit this website to learn more about the Older Americans Act,
If you’re not internet savvy, your local library can assist you with internet research.

Many seniors have carried their social security card and number around for decades and it is a hard habit to break but seniors need to understand that today the practice simply isn’t smart or safe. Medicare card numbers put seniors at risk too. Instead seniors can leave their cards secured at home and instead carry a copy of their Medicare card with them, with the SSN blacked out. This will help you get the medical treatment you need in case of emergency and but still keep your information safe in case of a theft. Hospitals will not deny treatment based on carrying a copy of your Medicare card. The real card can be presented later.

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Presentation Deals With Financial Elder Abuse and Fraud (CA. USA)

The Times-Standard

08/11/2009

Local attorney Maggi Draper will present the “Educating Seniors Project” from 10 to 11:30 a.m. Thursday at the Humboldt Senior Resource Center, 1910 California St.

Because financial elder abuse is on the rise, this informative presentation is relevant to protecting yourself and your loved ones from fraud, abuse and overzealous companies that push products and services on older adults. It’s an opportunity to receive straightforward advice from a knowledgeable legal source.

Draper will show a 20-minute video followed by a short presentation, and then will open the floor for a question-and-answer session. Individuals working in the senior service field are welcome and encouraged to attend this important event.

While the presentation is free, space is limited and those interested are encouraged to call in advance and reserve a spot. Call Jessica Osborne-Stafsnes at 443-9747, ext. 1228.

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Report Spurred New Effort to Track and Treat Elder Abuse and Neglect (NY, USA)

After 34,000 Cases of Elder Abuse New Effort to Track & Treat Problem

Mary’s son wanted to dump her in a “depressing, terrible” place to live. He wouldn’t listen to what Mary wanted.

Fortunately, she found shelter from the abuse.

And “Herbie” – not his real name – , 64, incapacitated and unable to work since a serious car accident at 23, had his life savings drained by a younger wife. He, too, found shelter from the abuse.

Calling elder abuse “the silent epidemic among us,” state Sen. Jeffrey Klein (D-Bronx-Westchester) released a report citing more than 34,000 cases of abuse in New York State in 2008.

At the same time, Klein called on the Assembly to pass his elder abuse tracking and reporting bill, which passed the Senate 56 to 0 in July.

Although the term has been in use for several years now, there is no clear definition of elder abuse, and no clear consensus on at what age people become “elderly.”

The abuse itself, according to Klein’s report, can take the form of physical, sexual, and financial exploitation, as in Herbie’s case; emotional abuse, as in Mary’s, or neglect and abandonment.

Currently, there are seven agencies in New York that track elder abuse in some manner. Klein’s bill would have all tracking go through the state Office of Children and Family Services, which umbrellas the city’s Adult Protective Services Program.

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SOURCE: Voiz Neias. Com

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‘Despicable’ Elder Abuses Deserve Longer Sentences: Cop (CANADA)

‘Despicable’ abuses deserve longer sentences: Cop

By MEGAN GILLIS, BETH JOHNSTON

SUN MEDIA

12th August 2009

A detective with the Ottawa Police elder abuse unit was disappointed Daniel Jacques Chartrand will spend less time in jail than it took for her to put together the case against him.

Det. Christina Wolf is happy the federal and provincial governments are paying attention to the problem of elder abuse, particularly what’s known as financial abuse. But she believes there should be a charge of elder abuse in the Criminal Code which prosecutors could add to charges such as theft by power or attorney to reflect the seriousness of this growing problem.

“His honour went above and beyond the precedent that had already been set which is admirable and fitting, but it is still nowhere near where I think it should have gone,” Wolf said after the sentencing Tuesday.

Between January 2005 and 2009, the Ottawa police elder abuse unit had investigated 468 cases, made 57 arrests and laid 623 charges.

The two officers in charge of the unit expect those numbers to grow exponentially.

“I said to my husband, ‘Don’t ever put me in a home,’” said Wolf, who, along with Det. Brenda McGillvray, runs the elder abuse unit.

The abuse old people are suffering takes many different forms. Either they’re being manipulated financially, neglected and left without bathing or changing their clothes, or physically assaulted.

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Elder Abuse Fraud Totals Over $90K (CA. USA)

Elder Abuse Fraud Totals Over $90K (CA. USA)

Elder abuse fraud totals over $90K

by Kurt Madar, The Triplicate

July 28, 2009

Members of a Crescent City family are suspected of stealing more than $90,000 from a 74-year-old man they were caring for, authorities said.

Kathy Schumack, her husband William Schumack, and son Joshua Brown, allegedly used the victim’s ATM card to withdraw its $500 limit nearly every day since March 2006, said investigator A.C. Fields of the Del Norte County District Attorney’s Office.

“In June of 2009 more than $12,000 was taken out,” Fields said.

After investigating, Fields fixed the victim’s normal expenditures at $1,000 per month or less.

“These were official caregivers,” Fields said.

© Copyright 2001 – 2009 Western Communications, Inc.

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Police Urge Seniors to Report If They’ve Been Victims of Crime (ON. CANADA)

Police Urge Seniors to Report If They’ve Been Victims of Crime (ON. CANADA)

Police urge seniors to report if they’ve been victims of crime
By David Anderson

Like many things, what puts seniors in danger are pre-existing attitudes on them, which are borderline prejudicial stereotypes.

That was one of the points that came out recently as York Regional Police hosted a workshop directed at seniors at the meeting of the Police Services Board.

The presentation was aimed at helping them lead safe, healthy and dignified lives in today’s world.

Inspector Andre Crawford, Constable Kim Majlik and Detective Constable Hoyt Miller all led the presentation.

It was identified by Crawford by 2021, there will be as many seniors in Canada as there are children.

“It’s a reality people get old,” Crawford said.

“Like anyone, when someone is discriminated it can put them in danger,” Miller reported. “This can lead to improper treatment for them.”

Majlik said seniors, of all age groups, are more likely to be victims of crime.

“Types of crimes against seniors are elder abuse, fraud and identity theft, false charities taking money from them and prize pitch, which is when they have been told they have been selected to win a prize, or have been awarded one of three or two of five prizes. These prizes usually include cash or a vehicle. They are then told they must purchase a product and pay in advance to receive their prize. These products are generally cheap or overpriced, but may sound valuable over the phone.”

Police, Miller said, are doing their best to protect seniors. But in order to eliminate as much crime as they can, they need the help of seniors themselves.

“We ask them if they feel like they are being victimized to report the crime to the police,” Miller commented.

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Fraudster Who Stole $6 Million from Elderly Victims, Jailed (Melb. AUSTRALIA)

Swindler who stole millions from elderly and sick clients jailed

By Norrie Ross

July 31, 2009

A FRAUDSTER who stole $6 million from mainly elderly and sick victims, some of whom regarded him as a trusted friend, has been jailed.

Justice Jack Forrest told Robert Day his crimes had devastated his victims, many of whom regarded him as a friend, as he sentenced him to 11 years with an eight-year minimum term.

Justice Forrest said Day seemed impervious to the lives he destroyed.

“Your actions of deliberate dishonesty over a period of nearly 10 years have caused heartache and misery to many of your friends and clients,” the judge said.

“You must have been aware of the potential impact that it would have upon your clients, particularly those who trusted you with their life savings or substantial nest eggs.”

Day, 65, had previously pleaded guilty to a total of 182 counts relating to obtaining property by deception, obtaining a financial advantage by deception, theft and making false documents.

From 1996 to 2004, Day systematically fleeced the business trust account and clients’ investments, with much of the money used to finance his lifestyle, overseas holidays, property purchases and money for his adult children.

One of his victims, wheelchair-bound Mavis Avery, 75, of Apollo Bay, said outside court she was happy with the outcome.

“As long as he’s off the streets, that’s the main thing,” said Mrs Avery, who had $414,000 stolen by Day.

Mrs Avery has a terminal tumour and both her husband and one of her daughters died of cancer around the time Day was stealing her nest egg.

“I said four years ago I wouldn’t die until this man went to jail,” she said.


As Day was led from the prisoners’ dock there was spontaneous applause from a number of his victims in court.

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Elder Abuse on the Rise (HI. USA)

Theft by family members is more common than the violent crimes that tend to make the news, a prosecutor says

By Christine Donnelly

Jul 26, 2009

A Honolulu prosecutor says crimes against the elderly are “starting to snowball” and that the failing economy makes senior citizens even more vulnerable.

Two recent high-profile elder abuse cases — against a nursing home worker accused of sexually assaulting dementia patients and a son accused of beating his ailing father — put a spotlight on violent crimes allegedly committed by caregivers, but deputy prosecuting attorney Scott M. Spallina said financial exploitation committed by relatives is more commonly reported.

“The majority of perpetrators are family members. Maybe extended family, nieces, nephews, grandkids,” said Spallina, who heads the city prosecutor’s elder abuse unit. “There’s a lot of property theft, burglary, stolen cars. The majority of seniors still reside in their own homes, so the majority of abuse happens there.”

Although Hawaii has no specific elder-abuse law, several statutes make it easier to prosecute crimes against senior citizens, Spallina said.

One mandates prison time for assaults that result in “substantial bodily injury” if the victim is 60 or older. The other, which took effect this month, qualifies “vulnerable” adults for protective services under the state Department of Human Services when abuse occurs. Previously, the law covered “dependent” adults, leaving many elderly unprotected.

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SOURCE: Honolulu Star-Bulletin – Honolulu,HI,USA

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How to Prevent Identity Theft

How to Prevent Identity Theft

July 25, 2009

By LAURA GRIFFITH

The Telegraph

Banking and law enforcement authorities say online financial transactions actually can be safer than in person, as long as people take the right precautions.

Without those precautions, however, a person is liable to falling victim and assuming liability.

“With the popularity of the Internet, it’s developed into a new type of identity theft that local law enforcement had never seen before,” Wells said.

Determine whether the Web site is reputable before doing business.

Make sure a Web site is secure before entering personal information.

If it is determined that a site can be trusted, one should check for the level of site security.

Keep passwords, usernames and security questions private.

Check your credit reports regularly.

Unlike freecreditreport.com, www.annualcreditreport.com is free, Wells said.

Act quickly when you see suspicious behavior.

“If you are a victim, you have the option to put a security freeze on your name permanently,” Wells said.

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Fraudster Who Stole $6 Million from Elderly Victims, Jailed (Melb. AUSTRALIA)

Swindler who stole millions from elderly and sick clients jailed

By Norrie Ross

July 31, 2009

A FRAUDSTER who stole $6 million from mainly elderly and sick victims, some of whom regarded him as a trusted friend, has been jailed.

Justice Jack Forrest told Robert Day his crimes had devastated his victims, many of whom regarded him as a friend, as he sentenced him to 11 years with an eight-year minimum term.

Justice Forrest said Day seemed impervious to the lives he destroyed.

“Your actions of deliberate dishonesty over a period of nearly 10 years have caused heartache and misery to many of your friends and clients,” the judge said.

“You must have been aware of the potential impact that it would have upon your clients, particularly those who trusted you with their life savings or substantial nest eggs.”

Day, 65, had previously pleaded guilty to a total of 182 counts relating to obtaining property by deception, obtaining a financial advantage by deception, theft and making false documents.

From 1996 to 2004, Day systematically fleeced the business trust account and clients’ investments, with much of the money used to finance his lifestyle, overseas holidays, property purchases and money for his adult children.

One of his victims, wheelchair-bound Mavis Avery, 75, of Apollo Bay, said outside court she was happy with the outcome.

“As long as he’s off the streets, that’s the main thing,” said Mrs Avery, who had $414,000 stolen by Day.

Mrs Avery has a terminal tumour and both her husband and one of her daughters died of cancer around the time Day was stealing her nest egg.

“I said four years ago I wouldn’t die until this man went to jail,” she said.


As Day was led from the prisoners’ dock there was spontaneous applause from a number of his victims in court.

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Nursing Home Fined in Choking Death (USA)

BY COURTNEY PERKES

THE ORANGE COUNTY REGISTER

Tustin Care Center has been fined $50,000 by state health officials in the choking death of a nursing home resident.

The unidentified man died in March after choking on his lunch, according to an inspection report from the California Department of Public Health. The report says staff noticed the man had been growing weaker, but the facility still allowed him to eat regular meals on his own.

On the day of his death, the report says the man was eating soup with rice when he called for his wife, who was also a patient. The man struggled to breathe, and a nurse started the Heimlich maneuver but could not dislodge the food.

The man died later that day in a hospital. An autopsy found food completely blocking his trachea. The state report concludes that the nursing home failed to assess his ability to eat, which was a direct cause of his death.

In a call Tuesday to the nursing home, staff said the administrator was out for the day and no one else could comment.

SOURCE: OC REGISTER
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Con Artists Targeting Obliging Older People

Con Artists Targeting Obliging Older People

By CGALOFARO
Police Beat Reporter – Bristol Herald Courier

July 25, 2009

In April, an old Bristol man died penniless because Tom Cruise called three years ago to tell him he won the Jamaican lottery.

All he had to do was send $500 to clear up some paperwork and he’d get $2.5 million in return.

Then Andre Agassi called: They needed just a little bit more to get the check through customs. The man borrowed money from friends. James Bond was on the phone. He hawked his car. Took out a mortgage. Three months and $30,000 later, Bristol police convinced the man to give up and stop mailing checks.

“That poor old guy, they sold it to him with a silver tongue,” said Bristol Virginia Police Detective Sgt. Steven Crawford. “They seem to always pick on the elderly – talk fast, sound legit and make them feel like they’re obligated. It’s rampant in this area.”

Area senior advocates say Bristol’s aging population makes it an easy – and often profitable – target for con artists. And law enforcement officers are warning residents to be wary because scams are on the rise.

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