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

Thursday, February 27, 2014

NPR Broadcasts "Managing Your Elderly Parents' Finances"


On Thursday morning (11:06 AM to Noon), February 27, 2014, The Diane Rehm Show, as broadcast from WAMU through the National Public Radio network, focused on the topic Managing Your Elderly Parents' Finances, with guest host Elise Labott.

The highly-qualified and well-spoken guests were:
    Sally Hurme, Project Advisor, Education and Outreach, at AARP
    Naomi Karp, Senior Policy Analyst, Office for Older Americans, Consumer Financial Protection Bureau
    Elizabeth Loewy, Chief, Elder Abuse Unit, Special Victims/Special Prosecutions Bureau, New York County District Attorney's Office
This is the overview of the program topic:
Millions of elderly Americans suffer from dementia, Alzheimer’s disease and other disabilities that make them unable to make decisions about their finances. 

About a quarter of all people over the age of 65 rely on relatives, often their children, for help managing their money and assets. But the task of caring for elderly parents and managing their bills and property can be overwhelming and time consuming. It can also be filled with ethical and legal pitfalls and a source of family conflict.
Two of these guests were quoted recently in an article by Ann Carrns, in The New York Times published October 30, 2013, entitled New Guidelines Aim to Help Financial Caregivers. So I knew that these guests were experts.

As I listened, I heard accurate information and sound advice, without one error or overstatement. The discussion covered such concerns as:
  • Need for reliable and appropriate assistance for elderly relatives by family members who care
  • Mental capacity and incapacity 
  • Changeability of circumstances faced by elderly relatives
  • Nature of services involving banks, businesses, investments, bills, living expenses, and medical costs
  • Accountability by, and communications among, persons providing assistance or care
  • Fiduciary responsibilities under a power of attorney or trust 
  • Conflicts of interest of a family member with an elderly person
  • Potentials for personal and financial abuse of a vulnerable adult 
  • Roles of family members and assistance by community, government, or church organizations
  • Planning processes -- when and how
  • Helpful advisors, including attorneys, accountants, bankers, and special service organizations
  • Devices for financial management, including direct deposits and payments, online banking, joint bank accounts (including problems with survivorship designations, versus "convenience" accounts), Social Security representative payees, agent appointments under a power of attorney document, voluntary trust arrangements, and court-ordered guardianship
  • Scams, such as those involving mortgages, lottery awards, and telemarketing
  • Reports of suspected abuse to local law enforcement, abuse hotlines, or special elder abuse investigation units  
During the program, more than twenty comments from listeners accumulated [increased to 37 comments as of March 8, 2014] that shared personal experiences and raised questions.

The program's webpage provided links to accurate, helpful resources:

Thursday, January 16, 2014

Enact Mandatory Financial Elder Abuse Reporting in PA

On December 11, 2013, Professor Katherine C. Pearson, of Penn State Law (The Dickinson School of Law, Carlisle, PA Campus), posted a four-page article entitled Law Financial Abuse and Exploitation in Pennsylvania: The Importance of Early Response and Clearer Lines for Recovery, available as a PDF download on the Social Science Resource Network.

On January 15, 2014, Professor Gerry Beyer referenced the article on the Wills, Trusts & Estates Prof Blog in a posting entitled Article on Financial Abuse in Pennsylvania.  He included the SSRN abstract of the article:
Protection of older adults from exploitation requires a careful balance. On the one hand is the concern for individual autonomy; on the other hand, there is increasing recognition of the potential for vulnerability to influence, manipulation or outright fraud. 
Pennsylvania is considering amendment of its Older Adult Protective Services Act. Professor Pearson's written testimony for hearings in December 2013 addresses measures to encourage early reporting of suspicions of abuse by banks and other financial institutions. 
Further, to assist in early recovery, Professor Pearson recommends adoption of a private right of action under the Act to provide statutory grounds for recovery of money or other property, or appropriate injunctive relief.
Katherine's suggestions are set forth on page two of her written testimony, which was presented during a hearing held by the Aging and Older Adult Services Committee, of the Pennsylvania House of Representatives, in Harrisburg, PA, on December 11, 2013.
  1. That to facilitate early reporting, Pennsylvania take additional measures to create an environment where banks and other financial institutions are more likely to report suspicions of financial abuse, and 
  2. That to facilitate early recovery, Pennsylvania create a private right of action under the Older Adult Protective Services Act (OAPSA), permitting the victim of exploitation (or the victim's legal representative) to allege statutory grounds against the perpetrator in order to seek recovery of money or other property, or other appropriate injunctive relief.
Her first recommendation mirrors one that I have advocated since 2007, and again referred last year to the Pennsylvania Bankers Association for consideration.  Seven years ago, California first mandated financial institutions to report suspected financial abuse of an elder or a dependent adult.

James P. Bessolo, a senior attorney with Northern Trust, N.A., summarized and then explained in great detail (with extensive citations) California's then-new law in his article entitled Mandatory Reporting Requirements for Financial Elder Abuse (October, 2007; Vol. 30, No. 7), published in the Los Angeles Lawyer.
In an effort to combat financial abuse, California law requires individuals in certain positions, who are known as mandated reporters, to report incidents that reasonably appear to constitute elder or dependent adult abuse.  The reports are generally made to the local Adult Protective Services (APS) agency or to local law enforcement.
Effective January 1, 2007, officers and employees of financial institutions became mandated reporters of suspected financial abuse of an elder or dependent adult. 
The [California] Elder Abuse and Dependent Adult Civil Protection Act defines "financial abuse" as occurring when a person or entity takes, hides, appropriates, or retains real or personal property of an elder or dependent adult for wrongful use and/or with the intent to defraud, or assists in doing so. * * *
I recall reading articles at that time about the initial opposition to that proposal, and the subsequent concerns during the phase-in period from financial institutions after Governor Arnold Schwarzenegger signed the legislation on August 29, 2005.  

Under that expansion of California's Elder Abuse and Dependent Adult Civil Protection Act, originally enacted in 1982, California banks and other financial institutions would become liable if they would fail to report suspicions of financial elder abuse, beginning January 1, 2007. For example, see: Financial Institutions Need to Know Elderly Customers (January 2006), by Steven Wasserman and Sunny Shapiro.

Since then, the California experience seems to have worked.  Indeed, the mandatory reporting was streamlined in 2011 to enable quicker reporting through the Internet.  See: Regulatory Compliance Bulletin: Elder Abuse Law Extended; Internet Reporting Now Permitted, posted on November 2, 2011, by the California Bankers Association.  It stated, with citations, the modifications to the system established in 2007 affecting banks:
Pursuant to a new California bill SB 718, mandated reporters of elder or dependent adult abuse, including banks, may submit mandatory reports through a confidential Internet reporting tool if the county or long-term care ombudsman implements such a system. * * *
If the initial report is made through this tool to APS or ombudsman, as applicable, rather than by telephone then the reporter is not required to follow up with a written report. This would represent a significant reduction in the reporting burden on all reporters. * * *
Our neighbor state, Maryland, joined the movement by its new mandatory reporting law, which took effect in October, 2012, as reported by Eileen Ambrose in The Baltimore Sun in her article, New Md. law aims to halt financial abuse of the elderly (05/14/12).
Maryland banks and credit unions are likely to be among the first to notice that an elderly customer is being financially exploited by a con artist or an unscrupulous relative.

So it makes sense that these institutions take part in an effort to protect older Marylanders from being ripped off. Thanks to a new state law, they will.

Starting in October, banks and credit unions here will be required to report suspected financial exploitation of Marylanders age 65 and up. They must convey their suspicions within 24 hours by phone to Adult Protective Services — part of the state's Department of Human Resources — or law enforcement and must follow up in writing. Financial institutions that fail to do so will face a penalty of as much as $5,000.

Financial institutions usually aren't keen on more regulation. But many are on board in this case, saying the mandate will raise awareness of a serious problem. * * *

The articles notes:
Many other states already have such a reporting mandate, and it's about time Maryland joined them. * * *
Around 20 states require the reporting of such cases, including California since 2007. By the end of 2010, California banks reported that more than 26,000 cases of potential elder abuse had been turned over to authorities.
The Maryland Legislature adopted the House bill and the companion Senate bill, unanimously.

I support both of Katherine's recommendations.  

However, I believe that the first priority is for Pennsylvania to join the states that have enacted statutes to mandate potential financial elder abuse reporting by financial institutions.  

Such a law in Pennsylvania could be crafted as an amendment to the existing Older Adult Protective Services Act using statutory models from those other states.  The effect, after implementation, would be to uncover much more financial elder abuse, earlier.

Such mandatory reporting by banks and financial institutions is workable, would have a substantial and immediate effect to reduce financial elder abuse, and therefore should be pursued by legislators in Pennsylvania.

Thursday, April 18, 2013

PA Supreme Court Appoints New Elder Law Task Force



On April 18, 2013, in a posted press release entitled Supreme Court’s Elder Law Task Force Will Tackle Growing Abuses to Older Pennsylvanians, the Pennsylvania Supreme Court announced creation of a new Elder Law Task Force.  The initial meeting of the group was held on April 16 and 17, 2013, at the Pennsylvania Judicial Center, in Harrisburg, PA.

The Press Release announced that "The Supreme Court of Pennsylvania has formed an Elder Law Task Force, chaired by Justice Debra Todd, to study the growing problems involved in guardianship, abuse and neglect, and access to justice. The task force has been charged by Chief Justice of Pennsylvania Ronald D. Castille with recommending solutions that include court rules, legislation, education and best practices."
The task force is made up of 38 elder law experts, including judges, lawyers and social workers.

The task force will have three subcommittees, one devoted to appointment and qualifications of guardians and attorneys, a second on guardianship monitoring and data collection, and a third on elder abuse and powers of attorney.  The work of the group will take approximately one year.  

“As a society, we have increased concentration on child abuse, but the issue of elder abuse has not kept pace,” said Justice Todd.
“This task force is the judiciary’s attempt to study the issues under its purview and make adjustments now, before the numbers of older Pennsylvanians and the commensurate jump in abuse, occurs." * * *
"The U.S. Administration of Aging’s National Center on Elder Abuse estimates that for every one case of elder abuse reported, five more go unreported. This is shameful, and we need to do better.” * * *
The appointed members of the Task Force met in Harrisburg on Tuesday, April 16th and Wednesday, April 17th, for introductions, initiation, presentations, and  discussions, and then for organizational activities within the three subcommittees.  During a break, a group photo was taken (reposted above).  I stand in the back row, behind the pretty lady in the red dress, Prof. Katherine Pearson, of Penn State / Dickinson School of Law.

Simultaneously with the announcement, the Administrative Office of Pennsylvania Courts posted "a variety of resources" on the UJS website, including high-definition video footage of an interview with Justice Debra Todd, the convener and Chair of the Task Force  (the first time such form of media content was posted on that website), an audio clip of the interview, and a graphic, all of which can be used or distributed freely.

Great opportunities for change -- some in study and development for five years or more -- are now presented by the Legislative branch and within the Judicial system in Pennsylvania, even as programs operated by the Executive branch are refined.  These proposals and changes would affect positively the Commonwealth's senior and disabled populations: 
  • Other proposed and pending legislative measures on similar subjects, but with different approaches.
I applaud and thank the Pennsylvania Supreme Court Justices, particularly the Chief Justice and Justice Debra Todd, for this initiative.

Sunday, April 07, 2013

Karoly Estates Will Forgery Case Ruling

The Morning Call (Allentown, PA) published a news report entitled Northampton County judge upholds Karoly wills (04/05/13), by Peter Hall, highlighting the most recent development in the Karoly Estates forgery of wills matter: "John Karoly Jr.'s sisters failed to prove he entered forgeries in brother's estate, judge rules."
A Northampton County judge has affirmed a decision that sisters of disgraced Lehigh Valley lawyer John Karoly Jr. failed to prove wills he submitted in his brother Peter Karoly's estate are forgeries. * * * 
In a 31-page opinion Friday, President Judge F.P. Kimberly McFadden rejected criticism of retired Bucks County President Judge Isaac Garb's decision that the wills were authentic.
Garb, appointed as special master of the case, presided over a lengthy trial in 2011 and issued his ruling last August. Karoly's sisters asked McFadden to overturn it. * * *

Garb said the sisters failed to establish "by clear, direct, precise, and convincing evidence" that the 2006 wills were "forged and therefore invalid."

Peter Karoly, a well-known medical malpractice lawyer, and his wife, dentist Lauren Angstadt, died in February 2007 when their private plane crashed on approach to a Massachusetts airport.

The Karolys' three sisters charged that John Karoly Jr. fraudulently created wills dated 2006 for the couple — a conclusion also reached by a 2008 federal grand jury that indicted him, his older son J.P. Karoly, and Dr. John Shane, who witnessed the documents. * * *
Since 2007, these will forgery cases and its progeny have twisted and turned, but now appear near resolution, based upon extensive fact findings and trial court review.

Referencing the "burden of proof" test applied to the facts presented by the contestants, the proceedings are instructive under established will contest principles.  

However, the proceedings drew my attention because the United States Department of Justice became involved after an FBI investigation and federal grand jury findings derived from will forgery allegations.  See: PA EE&F Law Blog postings Will Contest from Bethlehem, PA (04/10/07); Trusts & Estates ... and the FBI: Pt. I. (05/22/07); Trusts & Estates ... and the FBI: Pt. II (05/23/07); and Attorney in PA Indicted for Will Fraud (09/26/08).  See also postings by Professor Gerry Beyer on his Wills, Trusts & Estates Prof Blog: The FBI-Will Contest Interface (05/22/07);  Lawyer fakes brother's will (09/28/08), and Judge upholds Karoly Wills (04/07/13).

The local articles reported alleged conduct and resulting charges as news.  However, unless the recent trial court rulings are reversed on appeal to the Pennsylvania Superior Court or Supreme Court, the will contest allegations appear resolved in favor of the surviving brother, John Karoly.

This extended odyssey shows the depth, detail, and delay involved in will contests.  The present status warns us against prejudgment or sensationalism during its progress.

In my prior posting on September 26, 2008, I pondered other possible effects of these proceedings:
To date, this case involves application of federal fraud and conspiracy laws, investigation by the FBI, examination & prosecution by the U.S. Attorney's Office, with anticipated resolution in a federal court.

This case could become a template for future prosecution of other cases involving intentional fraud in the preparation of testamentary documents offered for probate or for claim.
Although these cases remain very instructive, the collective federal and county court proceedings did not become such a "template" to insert federal laws into state probate matters.  We still rely upon state laws and procedures for resolution of will contests.  In these specific will contests, resolution appears nearly complete.

Friday, June 15, 2012

Today is WEAAD

Today, Friday, June 15, 2012, is the seventh annual World Elder Abuse Awareness Day (WEAAD).

The goal of WEAAD is to increase awareness of elder abuse throughout the world and bring attention for the need for prevention and action. Every year, millions of older adults are abused, neglected or exploited, with many cases never being reported. 

WEAAD also supports the United Nations International Plan of Action, which identifies elder abuse as a public health and human rights issue.

Yesterday, the White House Symposium on Elder Abuse was held in recognition of WEAAD. The daylong symposium featured national experts and government officials in presentations and panel discussions that were broadcast live on the White House website from 9-11:30 AM and 1:30-4:00 PM.

In the afternoon, some Pennsylvania attendees commented on the widespread and vicious nature of financial elder abuse, and their efforts to combat it in Eastern Pennsylvania.

On the National Commission on Elder Abuse's “Take a Stand” webpage, you can learn about other WEAAD events occurring across the country, searchable  by state.

Today, in Pennsylvania, in recognition of WEAAD, two organizations from Eastern Pennsylvania -- CARIE and the SeniorLAW Center, of Philadelphia -- hold their Elder Justice: Protection and Advocacy Technical Assistance Regional Conference in State College at The Penn Stater Conference Center.
The [Conference] will provide an enhanced understanding of Elder Justice in Pennsylvania. 
The Conference will also provide an opportunity for victim service providers and allied professionals from the surrounding counties to enhance their skills and network, increase collaboration, share best practices, and learn about emerging victim advocacy trends. 
David R. Hoffman, Esquire will deliver the keynote speech presenting on the State Perspectives of the Adult Protective Services System. 
The remainder of the agenda will include an Elder Abuse Task Force presentation, a leadership panel, direct services panel and break-out exercises involving a case study for each group to problem solve by learning about and utilizing the services of multiple agencies in order to build networks and strengthen victim services in each community. * * *
The professional groups invited to the Conference in State College include: Community Social Services providers (non-aging), Aging Services Providers, Adult Protective Services, Domestic Violence Service Providers, Medical/health Professionals, Faith Community, Law enforcement, Community Legal providers/network, Other Criminal Justice Professionals, Local Government, and Community Leaders. 

You can view or download Mr. Hoffman's 16-slide PowerPoint presentation, posted by CARIE.  His overview provides statistics,  definitions, situations, approaches, resources, and needs.

You may also be interested to view the elder abuse resources posted by the Center for Elders and the Courts, including its Elder Abuse Curriculum for State Judicial Educators and its new Elder Abuse Toolkit, which was promised to be available today, in recognition of WEAAD.

Friday, December 23, 2011

Phila Inquirer Reports on Elder Abuse


On December 23, 2011, The Philadelphia Inquirer posted an article, Financial abuse of the elderly is approaching a crisis, researcher says, by Chris Mondics, that reports the opinion of Mark Lachs, a geriatrician and social scientist at Weill Cornell Medical College in New York, who believes "an epidemic of thefts and fraud targeting the elderly -- by lawyers, financial advisers, family members, and others -- is fast becoming a national crisis."
Their work suggests that millions are victimized every year. But only a fraction of the incidents ever comes to the attention of authorities.

"There are millions and millions of people who are affected, and it is enormous in its scope; you go to a dinner, and everyone has a . . . story," Lachs says. "If this were a disease, we would probably say it is an epidemic."
The article identifies and explains the immediate implications -- personal and communal -- of financial elder abuse:
Projected on a national stage, the results suggest that at least 2.5 million people over 60 are victimized by family members, financial advisers, scammers, and others. Even Lachs' tally was likely an undercount because elderly people suffering from severe mental decline, a group at high risk for being preyed upon, were not polled.
The resources lost in those schemes will not be passed down to heirs or donated to charities. Nor can the assets pay for nursing-home care. Elderly victims who lose their savings often turn to Medicaid, the government health-care program. * * *
The article expands those implications, however, to include poorer health and reduced life expectancy for victims.
To this day, their work remains the only epidemiological research quantifying the effect of financial exploitation, neglect, and physical abuse on elderly survival rates. Adjusting the results for chronic diseases, race, income, marital status, and the quality and strength of social networks, the key finding was that abused members of the study group died at three times the rates of those who had not been mistreated.

In the dry and technical language epidemiologists favor, the group reported that "the need for adult protective service generally and elder mistreatment specifically were independent predictors of early death."

The study offered no medical explanation for why abuse victims might die sooner than others; it was not designed to do so. But Lachs finds the answers self-evident.

Apart from the chance that abuse victims might succumb to the effects of their injuries, he sees many nuanced linkages between exploitation, abuse, and failing health. * * *
See: Study: Mortality rate of elderly abuse victims is 3 times higher. 

The Inquirer compiles its recent elder abuse reporting on a "project page" entitled Financial Fraud: A Big Risk for the Elderly.   

It offers links to helpful, reputable resources advocating for victims and against perpetrators of elder abuse, particularly affecting finances.
Pennsylvania and its eastern counties:
New Jersey and its Philadelphia-area counties:
Another useful linked resources is the Clinician's Pocket Guide ("Preventing Elder Investment Fraud:  Assessing for Vulnerability to Financial Exploitation", 80 sheets), created through Baylor College of Medicine's Huffington Center on Aging.

Monday, November 14, 2011

PA Courts, then Joe Paterno

What can we learn from the tortuous events of last week here in Central Pennsylvania, which unfolded following criminal charges filed against a former Penn State University coach alleged to have molested or assaulted many young boys?  See: Thirty-Third Investigating Grand Jury Presentment (Nov., 2011; 23 pp.; PDF).

Juvenile dependency proceedings can result from similar initial complaints, then investigations, of child neglect, abuse, or assault by a caretaker. The Presentment does not mention the word "dependency", but the common theme is protection of minors.

We cannot change past events.  People involved can be criticized, fired, imprisoned, and sued, as a judgment; but are those actions a healing "remedy"?
rem·e·dy  (rm-d)    n. pl. rem·e·dies
1. Something, such as medicine or therapy, that relieves pain, cures disease, or corrects a disorder.
2. Something that corrects an evil, fault, or error.
3. Law A legal order of preventing or redressing a wrong or enforcing a right. * * *
One commentator today recommended some remedies that could be initiated by someone at the center of the controversies.  In his article How Paterno can promote healing, posted by CNN (11/14/11), Prof. Jeffrey W. Pollard, of George Mason University (and a past president of both the American Board of Counseling Psychology and the American Academy of Counseling Psychology), made a suggestion -- to Joe Paterno:
Ironically, it is Paterno who is now uniquely able to help child sexual abuse victims summon the courage they need and to use this tragedy as a teachable moment that will benefit many. What should he do? * * *
Paterno is in a unique position to educate the nation that reporting child sexual abuse, and supporting those who have been harmed, often involves more courage than standing up to a blitzing all-American linebacker. 
Late in life, baseball legend Mickey Mantle admitted that his hard drinking had harmed his family. It also led to alcohol-induced cirrhosis of the liver, and Mantle's untimely death at age 63. In a Sports Illustrated cover story and other forums, Mantle urged others not to do what he had done and to get treatment for alcoholism. 
Through humility, and concern for others, it was Mantle's finest hour, on or off the field. 
Paterno's finest hour, which would facilitate healing for child sexual abuse victims, greater public education and more offenders' being locked up could still be ahead of him. 
More than any other play Paterno has had to call, this is clearly the most important one. But this is not a game: it is about children's lives. Let us hope and pray he gets it right.
If Paterno did so, he would be in good company -- Pennsylvania judges and the Commonwealth's court system.

A set of criminal prosecutions in 2008 arising from Luzerne County, PA, investigations, simply labeled thereafter by the media as the "Kids for Cash Scandal", is described in Wikipedia:
The "Cash for Kids" scandal unfolded in 2008 over judicial kickbacks at the Luzerne County Court of Common Pleas in Wilkes-Barre, Pennsylvania.
Two judges, President Judge Mark Ciavarella and Senior Judge Michael Conahan, were accused of accepting money from the co-owner and builder of two private, for-profit juvenile facilities, in return for contracting with the facilities and imposing harsh sentences on juveniles brought before their courts in order to ensure that the detention centers would be utilized.
Ciavarella and Conahan pleaded guilty on February 13, 2009, pursuant to a plea agreement * * *.  [Reparagraphed; footnotes omitted.]
Responses to that scandal were not limited to criminal prosecutions or civil lawsuits, but led into extensive study and then institutional changes, as represented by the Pennsylvania Courts' issuance of the Pennsylvania Dependency Benchbook (May, 2010):
The Pennsylvania Dependency Benchbook is a comprehensive reference guide designed to assist family court judges and child dependency practitioners in the process of helping abused and neglected children and their families. The Benchbook was written by Pennsylvania judges for Pennsylvania judges. * * *

The document is a comprehensive resource that combines Pennsylvania law, organized pragmatically to allow quick and efficient use, with a series of state and national best practices that will provide judges and practitioners, from the least to most experienced, with the best possible information to support children and families safely.

Read the Introductory Letter from Justice Max Baer

View The Benchbook Online

Download The Benchbook (PDF– 2.7 MB)
See: Press Release, Supreme Court Releases New Dependency Guide (07/23/10) which announced the "guide developed by Pennsylvania trial judges to aid lawyers and other judges in deciding whether, in juvenile dependency cases, a child should be removed from the home." See also:  Pennsylvania Dependency Benchbook Resource Companion.

The Benchbook was a product of those intensive investigations and self-examinations, which also resulted in creation of the Interbranch Commission on Juvenile Justice, in July, 2009, as noted in that Wikipedia article:
In the aftermath of the federal charges and defendant pleas, the Pennsylvania General Assembly moved to create a commission to investigate the entire set of circumstances surrounding the miscarriage of justice in Luzerne County. 
Sponsored by Representative Todd Eachus of Butler Township in Luzerne County, House Bill 1648 established the Interbranch Commission on Juvenile Justice in July 2009. The commission comprises 11 members, appointed from each branch of government in Pennsylvania, with four members chosen by the judiciary, four by the legislature and three by the governor. 
In signing the legislation on August 7, 2009, Governor Ed Rendell castigated Ciavarella and Conahan, saying they "violated the rights of as many as 6000 young people by denying them basic rights to counsel and handing down outrageously excessive sentences. The lives of these young people and their families were changed forever." 

Scheduled to meet a minimum of once per month, the commission was organized to investigate the actions of and damages caused by the two judges and review the state of the Luzerne County courts left in the wake of their tenures. The commission was given power of subpoena and was required to complete its work and report its recommendations and findings to the three branches of state government by May 31, 2010.
The Commission's Final Report, along with a Summary of Recommendations, was issued in May, 2010.

Awareness can be expanded, lessons can be learned, change can occur; and that is what we can remember, and how we can find inspiration.  

It is how we react to find a "remedy" to wrongs that defines our character and that alters the future.  That re-action can become our legacy and others' hope:
Mickey [Mantle] died in Dallas on August 13, 1995.  During the first Yankee home game after his death, Eddie Layton played “Somewhere Over the Rainbow” on the organ because Mickey had once told him it was his favorite song.

In his eulogy, sportscaster Bob Costas described Mickey Mantle  as “a fragile hero to whom we had an emotional attachment so strong and lasting that it defied logic.” 
He added: “In the last year of his life, Mickey Mantle, always so hard on himself, finally came to accept and appreciate the distinction between a role model and a hero. The first, he often was not. The second, he always will be. And, in the end, people got it.”  
-- Mickey Mantle: The Man Behind the Legend, posted by Self-Help Daily
Update: 11/15/11:

In "Joe Paterno legacy needs new final chapter" (11/14/11) posted on ESPN's Big Ten Blog, Brian Bennett argued that the "legacy of Paterno" could, and should, be altered by his future efforts against child abuse:
It's inarguable that JoePa has done a lot of good for a lot of people in his life. Now he must undertake his greatest challenge. He cannot let this be the final chapter of his story.

When Paterno emerges from his cocoon, he has only one choice for going forward. He should spend the rest of his time working for victims of child abuse. * * *

Paterno could travel around the state of Pennsylvania and across the country leading fundraisers and charity events, telling his story and letting everyone know how truly sorry he is.

He could star in public-service announcements and lead a movement to locate all the victims and give them whatever help they need. Paterno knows how to rally teams together, and he has led fundraising campaigns before. * * *

[H]e can spend the rest of his life atoning and doing whatever he can to ease the pain of those victims -- and working to make sure a similar situation never happens again. That's a much more fitting final act. * * *
Update:  07/23/12:

Coach Paterno's debilitating lung cancer leading to his death on January 22, 2012, at age 85, may have prevented him from embarking on a new crusade for awareness and remediation of child sexual abuse; but others here in Central Pennsylvania will do so as part of an educational mission.

Today, the National Collegiate Athletics Association (NCAA) issued program sanctions against, and required remedial actions by, the Pennsylvania State University arising from Sandusky-related child sex abuse crimes.  See:  NCAA's statement, Penn State failures draw unprecedented NCAA sanctions (07/23/12).

The NCAA's harsh judgment of Penn State and its clear warnings to other educational institutions, stands in contrast to the accepting and remorseful message, President's statement regarding NCAA decree, posted on the Penn  State website by its current leader, Rodney Erickson.
* * * Penn State accepts the penalties and corrective actions announced today by the NCAA. With today’s announcement and the action it requires of us, the University takes a significant step forward.

The NCAA ruling holds the University accountable for the failure of those in power to protect children and insists that all areas of the University community are held to the same high standards of honesty and integrity.

The NCAA also mandates that Penn State become a national leader to help victims of child sexual assault and to promote awareness across our nation. Specifically, the University will pay $12 million a year for the next five years into a special endowment created to fund programs for the detection, prevention and treatment of child abuse. This total of $60 million can never reduce the pain suffered by victims, but will help provide them hope and healing. * * *

It is important to know we are entering a new chapter at Penn State and making necessary changes. We must create a culture in which people are not afraid to speak up, management is not compartmentalized, all are expected to demonstrate the highest ethical standards, and the operating philosophy is open, collegial, and collaborative. * * *
The NCAA decree was entered voluntarily by Penn State before the announcement was made.  According to the NCAA's Statement:
Penn State fully cooperated with the NCAA on this examination of the issues and took decisive action in removing individuals in leadership who were culpable.

"The actions already taken by the new Penn State Board of Trustees chair Karen Peetz and Penn State President Rodney Erickson have demonstrated a strong desire and determination to take the steps necessary for Penn State to right these severe wrongs," said Emmert.

I said many months ago in my blog posting: "It is how we react to find a 'remedy' to wrongs that defines our character and that alters the future."

These rigorous pledged actions, in the process of fulfillment over not just the ensuing five years, but beyond, will emphasize values of caring over competition, will encourage us at all levels to be aware, responsive, and accountable, and thereby will protect helpless children from future abuse.

This is not punishment; it is a proper "remedy".  Such processes should occur not only at Penn State, or in Pennsylvania, but across America.

Wednesday, January 26, 2011

New Book: "The Law of Financial Abuse and Exploitation"

In January, 2011, Katherine C. Pearson and Trisha E. Cowart, both associated with Penn State's Dickinson School of Law, released their new book entitled The Law of Financial Abuse and Exploitation, published by Bisel, Inc.

This 382-page softcover book is described on the website of its publisher (located in Philadelphia, PA), as follows:
"An ounce of prevention is better than a pound of cure."
As the state with the third highest percentage of older adults, Pennsylvania is often the arena for financial abuse or exploitation. This timely new book presents the legal consequences of financial exploitation, both in criminal and civil terms.
By focusing on the law of exploitation, this essential guide will give those who assist older adults and dependent persons, including attorneys, courts, financial advisors, banks, social workers and families, clear guidelines for prevention of financial exploitation.
The step-by-step analysis of alternative remedies will be useful to legal advisors, whether in or outside of the Commonwealth, especially when pursuing a timely, full recovery.
Katherine provided a more personal synopsis in a letter that I received from her today, in reply to my inquiry about the new book.
While this is more than of a law book than a consumer book (and therefore has a state-specific format in our first edition), because of the regular questions that co-author Trisha and I receive about financial abuse, particularly in the context of older adults, we've tried to broaden the appeal.
We try to use "plain language" throughout the book, to make it more accessible than the traditional legal guide, while still being useful to practitioners and courts.
This is a summary of its chapters:
  1. The Public and Private Challenges of Financial Abuse
  2. The Role of Protective Service Authorities
  3. Criminal Causes of Action
  4. Civil Causes of Action 
  5. Unfair Trade Practices and Consumer Protection Laws 
  6. The Role of Filial Support Laws In Cases of Suspected Financial Abuse
  7. Reporting Suspected Financial Abuse: Mandatory Versus Voluntary Obligations
  8. The Importance of Attorneys As Counselors 
  9. The Importance of The Courts
The book also includes practice forms (like complaint forms and model court pleadings) in its Appendices, a Table of Cases cited within the book, and an index to its covered subjects.

The Law of Financial Abuse and Exploitation presents a reliable, organized, and straightforward explanation -- with practical guidance born of clinical experience -- of an evolving subset of elder law in Pennsylvania.  Those who would regulate elder abuse under existing laws, those who would seek remedy in the Orphans' Court Division for financial exploitation of a elderly person by a fiduciary, or those who strive to expand or reform laws on financial exploitation of the elderly, should read this book.

Sunday, January 16, 2011

"The Gran' Scam of Things"

The Gran' Scam of Things (2010) is a short fictional tale beginning with an email from Osagioduwa Williamson, a Nigerian banker, addressed to a senior citizen, offering her $16,000,000 if she would respond and cooperate. 

The fanciful comedy produced on video was written and directed by Leor Baum through Rooftop Mind Productions. The Internet Movie Database lists and describes the movie ("An elderly woman opens an email that leads her into the welcoming arms of an international crime ring."), as does Vimeo. Leor created a Facebook page for viewers to follow the film, and posted some production photos on Flickr. 

I first heard about Leor's project when I received, ironically, an email message from him on October 21, 2010.  He said, in part:
My team and I have put together a comedic, light-hearted film that we hope can spread a little awareness about elder financial abuse and online safety.
I discovered your blog and after reading more of your material, I felt compelled to write to you and share what I'm doing. I hope you can take a look. * * *
I did not act until now, since I wanted to make sure that . . . well . . . that it wasn't a scam. After all, I am concerned about scams.  See: EE&F Law Blog posting Talkin' SCAMS! (01/06/11). 

Now, with those validating references on the Internet, and with the online report of its funding and production completed, I acknowledge this creative, multimedia effort to educate, in a humorous way, about senior citizen scams and financial elder abuse. 

I watched the movie trailer and read two reviews online. The reviews are favorable. See:
  • The Gran Scam of Things, reviewed on Cinema-Crazed by Felix Vasquez Jr. (01/13/11): "Director Leor Baum's dramedy is a fantastic short that shows what happens when karma and fate plays a hand in an average woman becoming a hero and helping others in the journey for happiness. "The Gran Scam of Things" is a beautifully acted crowd pleaser and a socially conscious one at that."
  • The Gran' Scam of Things reviewed on Rogue Cinema by Duane L. Martin (01/01/11): "So how was it? Well, to put it simply, I LOVED this film, and my wife, who watched it with me, felt exactly the same way. There's a really nice sense of innocence to this film that you don't see too often, and it was fun from start to finish. What I found probably the most hilarious though were the fantasy scenes of Osagioduwa peeking around the side of a door on a sandy beach and then emerging with this giant 16 million dollar check and a big friendly smile on his face."
Given its short length and humorous approach, yet its very timely topic, The Gran' Scam of Things should offer good "movie night" viewing, particularly for seniors and their families.

Update:  2011-01-16 (Sun) at 6:30 pm: 

Leor responded to my posting with two email messages.  Here are portions of them:
I will try to keep you up to date as we apply to the film festivals and try to get this film seen by a wider audience. It would be nice to get a screening in PA someday down the line. * * *
I'll look into the PA festivals and if we can afford it, we will submit. It all depends on how much we can raise by the deadlines. Following the Kickstarter campaign, we've been offering gifts for anyone who helps us submit to the festivals: www.rooftopmind.com/donate.
If your readers want to contact me about the film, they can write to gsot@rooftopmind.com.
The official website is www.rooftopmind.com/gran-scam if anyone wants to see more.

Thursday, January 06, 2011

Talkin' SCAMS!

Radio SmartTalk's broadcast on Thursday, January 6, 2011, over WITF-FM Radio (Harrisburg, PA), addressed the topic of scams -- over phone, by mail, through email, and on the Web -- in its program entitled Scams:
You know those e-mails from that Nigerian prince, who just needs your bank account number so he can send you his money? Or the voice mail message from a company that wants to give you a free vacation, if only you'll give them your social security number? Or the contest you just won (that you swear you never entered) for which all you need to do is send a small cash payment to claim your prize?

Scams are everywhere – and while some may be obvious, others are not. And that, according to U.S. Postal Inspector Louis DiRienzo, is because the scammers themselves are becoming increasingly sophisticated.

We'll discuss common scams, from mail fraud to online scams to phone solicitations. We'll welcome any examples you have, and along the way, we'll try to identify some red flags that may signal to you that the next great opportunity to come your way may be nothing of the sort.
There was mention about the susceptibility of senior citizens to fall prey to scammers.  If a senior has a trusting nature, available assets, changed or limited interaction with family, and heavy reliance upon benefit programs, then that person is a perfect target for a scammer.

I recognized many scams identified by the guest during the program.  Most of them are listed on the FBI's web page on Common Fraud Scams.  See also: Don't Get Scammed! Scams and Cons That Target Seniors, which was referenced by a Seniors for Living posting entitled Watch Out for Senior Scams (10/08/10).

Pennsylvania's Attorney General Tom Corbett (soon to be Governor) for years has educated and warned about scams affecting senior citizens.  See: PA EE&F Law Blog postings "Senior Crime Prevention University" Session (05/12/2008), and PA AG Speaks to Seniors about Scams (09/22/06).

Is education -- whether by a radio program or in seminars held by officials -- enough to stop such senior scams?  

According to recent published articles, senior scams are rising while other forms of crime decline.  See:  Nationwide, scams against senior citizens are on the rise, (07/28/10), by Dan Morse, published originally by The Washington Post, which concluded:  "Murders and violent crimes are down nationwide, but one kind of crime is rising steadily: scams against the elderly." 

And so it should not be a surprise that federal legislation was introduced on September 29, 2010, to address one area of senior scams -- affinity scams. 

H.R. 6305, which proposed the Preventing Affinity Scams for Seniors Act of 2010, or PASS Act of 2010, was summarized as follows:
  • Defines "affinity scam" as a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, "new friend," or service provider, claims to share similar interests or values and establishes a relationship with the senior, then uses the relationship to defraud the senior.
  • Requires each financial institution to:
  1. educate its staff about affinity scams and how to identify transactions that may be part of an affinity scam; 
  2. train staff members on educating seniors about affinity scams;
  3. provide senior depositors with educational materials on how to identify affinity scams; and
  4. offer seniors a "senior protection (checking) account." 
  • Directs the Bureau of Consumer Financial Protection to:
  1. issue implementing regulations; and
  2. audit financial institutions periodically to ensure compliance with them. 
  • Sets forth senior protection account requirements, including protective measures to block and investigate transactions suspected of being an affinity scam.
  • Instructs the Secretary of the Treasury to establish an income tax deduction of .77% of the average of the amount of deposits held by a financial institution in senior protection accounts.
  • Subjects a noncompliant financial institution to a civil liability with respect to a senior who has sustained actual damage as a result of the institution's failure to comply with this Act.
  • Directs the Secretary to require each financial institution, and each of its directors, officers, employees, or agents, to report any suspicious transaction relevant to a possible affinity scam.
Hopefully in the new session of Congress, similar legislation can be introduced and considered.

For now, you can listen online to the recent broadcast on Scams.

"Let this be a warning to others out there.
It can happen to anyone, anywhere. Beware!"

 Anonymous Commentor on SmartTalk website
(Graphic Source)