California Elder Financial Abuse Continues Into the New Year

January 25, 2012 by Walton Law Firm

Elderly victims of financial abuse, like those suffering from other forms of abuse, are usually reluctant to report their abusers. In the case of financial abuse, many California elders may not even be aware they are being victimized. Our North County elder abuse lawyer knows that financial abuse makes up a significant portion of all elder abuse cases reported each year. Despite increasing awareness of elder financial abuse, many instances of this conduct are still occurring as California’s elderly population grows.

Two recent news articles again have shed light on the problem of California elder financial abuse. The Napa Valley Register reports that a Calistoga woman pled guilty to California elder abuse and tax evasion. The 51-year-old bookkeeper had been hired to manage an elderly woman’s financial affairs relating to the operation of the victim’s bed and breakfast in St. Helena. Instead, the bookkeeper embezzled more than $250,000 from the Yolo County woman over the course of 7 years, transferring the victim’s assets to other accounts to pay her own bills. The crimes apparently were discovered after the 80-year-old victim became ill and her family realized her assets had been depleted. Insurance%20Fraud.jpg

The Yolo County District Attorney’s Office decided to prosecute the Calistoga woman after learning that she had used the victim’s money to pay personal bills and purchase rental property in Santa Rosa and vacation property in Oregon. Although the woman will not be sentenced until March, she has already agreed to forfeit more than $300,000 in cash and property to pay restitution to the victim.

In another instance of California elder financial abuse, the San Jose Mercury News reports that a Clayton man allegedly attempted to defraud his elderly parents out of their $300,000 home. The man ultimately pled guilty, agreeing to a deal that will end his career as a licensed real estate agent. According to the article, the man forged his name on a check worth more than $28,000. Although the forgery charge was eventually dropped as part of the man’s plea deal, he was caught because a new fraud notification program in Contra Costa County sent an automated letter to the victims when the man’s signature appeared on a grant deed saying the taxpayer of the home had changed. Our San Diego nursing home abuse lawyer believes this story shows that successful measures can be taken to catch perpetrators of elder abuse and financial crimes.

In many instances of elder financial abuse, criminal charges are brought, but a civil lawsuit also may be filed. Under California law, any person age 65 years or older is considered an elder. A California elder abuse lawsuit can bring financial relief and a sense of justice to those wronged by perpetrators of elder abuse or neglect. The lawyers at the Walton Firm understand the long-term effects of elder abuse. Victims of financial abuse often feel they cannot trust anyone and suffer from psychological turmoil as a result. Sadly, we are only a few weeks into 2012 and there have already been several instances of California elder financial abuse. However, if you have been a victim of San Diego financial abuse, you are not alone. Help is just a phone call away.

See Our Related Blog Posts:

Elder Financial Abuse – Underreported And All Too Common

Home Repair Scammer Gets 35 Years for California Elder Abuse, Theft, and Burglary

San Diego Nursing Home Abuse Attorneys Warn Seniors About Common Scams Targeting Elders

December 5, 2011 by Walton Law Firm

Our San Diego nursing home abuse lawyers know that the holidays are a great time to check in on loved ones, including seniors. It can be easy to get caught up in the holiday hustle and bustle, but a simple phone call to your loved ones to let them know you are thinking about them can go a long way. The holidays can also be a good time to check on the medical care your loved ones are receiving and to make sure they do not have any concerns about their finances.

Unfortunately, the holidays are also a time when unscrupulous scammers target senior citizens. A recent news article in the Mission Times Courier describes several common scams that often target elders. California elder financial abuse is a growing concern across the state, as well as across the nation. The article provides several examples offered by the San Diego Police Department of the kinds of schemes to which seniors are particularly vulnerable.

The Grandparent Scam

elderly%20in%20chair%20back.jpg
This common scheme involves a scammer posing as a grandchild in distress and asking his or her supposed grandparent for monetary assistance. Typically, a senior will receive a call from an unknown person who will immediately say “Grandma” or “Grandpa” after the victim answers the phone. The victim then will respond by stating the name of his or her grandchild (for example, “John” or “Jane”) to which the caller will say, “Yes, this is your grandson, John.” The caller will say they have gotten into trouble in a foreign country. For example, they may claim to need emergency surgery or that they have been arrested. The caller then will ask the victim to immediately wire money in the name of an unknown third party.

All seniors should be wary of such schemes. If this occurs, the senior should call a “good” phone number for his or her grandchild or confirm with the grandchild’s parents that the grandchild is in fact out of the country before wiring the money. Once the money is sent and received, it is gone for good!

The “International Lottery” Scam

Our San Diego elder abuse attorneys have also learned that the “International Lottery” scam is another common telephone scam. The caller will inform the victim they have won a substantial amount of money from the lottery of another country, usually Jamaica or Canada. The victim then will be instructed to wire money to cover the “taxes” associated with the lottery prize.

If the victim sends money, he or she often will receive several more calls asking for additional money to cover other expenses, such as insurance or fees. The reality is that the victim will never receive any winnings because it is a violation of federal law to participate in an international lottery. Again, once money is wired and received, it will be gone for good!

As a general rule of thumb, offers that sound too good to be true usually are. When determining the authenticity of such offers, common sense can go a long way. It is a good idea to be on the lookout for suspicious offers and to warn seniors about schemes such as the ones described above.

Please remember that elder financial abuse cases should be reported at your local Adult Protective Services agency and law enforcement agency immediately. Also, if you are worried that an elderly loved one has been taken advantage of, please consult a qualified legal professional as soon as possible. The lawyers at the Walton Firm are well versed in San Diego elder abuse law and know how to protect the rights of California’s seniors.

See Our Related Blog Posts:

Home Repair Scammer Gets 35 Years for California Elder Abuse, Theft, and Burglary

California Elder Abuse Typically Goes Unreported

Mistreatment of Elderly Prevalent According to Study

August 20, 2008 by Walton Law Firm

A University of Chicago study reveals that approximately 13 percent of elderly Americans experience some sort of mistreatment. The most common form of abuse was verbal, experienced by 9 percent of elderly Americans, then financial mistreatment, experienced by 3.5 percent, and then physical abuse, reported by .2 percent of the elderly.

“The population of the country is aging, and people now live with chronic diseases longer. So it’s important to understand, from a health perspective, how people are being treated as they age,” said lead author Edward Laumann, the George Herbert Mead Distinguished Service Professor in Sociology at the University of Chicago.
The study revealed variations in the abuse, depending on age and ethnicity, and females were twice as likely to report verbal mistreatment.

The complete study can be accessed here.

Financial Elder Abuse: San Diego County Couple Cheats the Elderly

May 5, 2008 by Randall R. Walton

Police have arrested an Escondido couple for cheating elderly victims throughout San Diego County in a financial scam that garnered $1.5 million. According to police, Janet and Ronald Reiswig cheated 30 people in the county, most of them senior citizens. The Reiswigs have been charged with 79 criminal counts, including elder abuse and fraud.

According to reports, the couple advertised a certificate of deposit investment product that they claimed would return between 7 and 7.5%. In meetings at their offices, the Reiswigs persuaded their mostly elderly clients to write checks that they promised would be invested. They weren't. Instead the victims were sent phony CDs from the Reiswig's company Global Reserve BT, and the couple then used the money for their personal use.

One East County woman, who is 76, said Friday she lost $63,000 to the alleged investment scam. It was nearly everything she had saved, after a lifetime of setting aside $25, maybe $50, a month. Now, she said, she is reduced to living on her Social Security check, which is less than $1,000 a month, to cover gas, food and rent. Money is so tight, she said, that she quit going to church most days of the week because gas is too expensive.

Financial or fiduciary elder abuse is a growing problem in our society. As fewer people save sufficiently for retirement, those looking for ways to catch up or get ahead may find themselves in the grasp of unscrupulous investment advisers who offer generous investment returns that "look to good to be true." It goes without saying that anyone investing in an investment product that is "new" or "different" than what is conventional or widely accepted should seek a second opinion. The same goes for the advisors that offer returns that far exceed what the current market is offering.

As for the Reiswigs, police are asking those who think they, or someone they know may have been victims to contact investigator Joseph Cargel in the district attorney's office in San Diego at (619) 531-4040.