ElderAbusehelp.Org
If Adult Protective Services (Elder Protective Services here in IL) was actually focused on protecting vulnerable adults, they have only to look to our streets that are littered with homeless, hungry and many times disoriented adults of all ages who desperately need help and protection. But…. these people have no money, and no estates to loot. APS steps over these individuals in order to get to those who have assets.
In every state organized crime rings are operating involving the same judges, predatory guardians, attorneys, Adult Protective Services personnel, medical personnel, and participating facilities who will violate the rights of an elderly or disabled victim in exchange for payment or personal profit.
“This system of theft will continue until the entire estate has been stolen leaving the victim penniless. At this point, Medicare and Medicaid are used as the cash cow to cover medical expenses and the inflated charges of nursing, the doctors’ visits and vast amounts of medications are charged off to these services costing these services millions each year in padded billing. ”
If predatory guardians were actually concerned about the health and welfare of their victims, there would be no need to physically kidnap, isolate and forcibly medicate these people and then to proceed on to steal their life’s savings.
Of wills, trusts and other legal instruments
Overseeing the looting of an estate is a probate judge who is well aware that what is happening has nothing to do with the health, wellbeing, or welfare of the victim, but who can be depended upon to facilitate the predators. It is all about the estate, how much it is worth and who will gain access to it.
Advance planning instruments for retirement dictate the victims plans for their property such as wills, trusts, insurance benefits, savings accounts, investments, land titles and other assets. These instruments are routinely discarded by the probate judge and declared void even though the judge has no actual lawful authority to do so.
This is done after the victim has been forcibly medicated with drugs such as Zyprexa or Seroquel in doses so high that the victim is unable to function even minimally. It is in the state, and known to the judge to be drug induced dysfunction, that the victim is declared [incompetent]. [Even if the victim was in actuality at that moment in time, incompetent, the judge has no authority to void or discard previously created legal instruments. This would assume, without any factual basis, without hearing or relevant testimony and evidence that the victim was always incompetent and unable to judiciously construct their own estate; a determination clearly not possible.]
Several techniques are used to coerce the victim and to blackmail the family members or friends into silence. Emotional blackmail, consisting of isolating the victim and then accusing family and friends of being a danger to, or having abused the victim is most common.
Multiple abuse charges are levied against family members or friends of the victim who might attempt to rescue them from their kidnapers. In many instances which have been documented, the predators have no knowledge of any abuse, of any kind, by anyone. Still, the charges are made and the cooperating probate judge for some reason needs no evidence to be supplied by the predators to support these allegations. In most cases, the predator is a stranger not only to the family and friends, but to the victim themselves.
In these same situations when actual investigations into the charges determines the charges are unfounded, these stay on the probate court record as if they were in fact, true. They are then repeated as if they were fact at every opportunity causing further defamation and personal injury to the family members.
[In one particular county in Florida, one predatory guardian has made the same ver batum charges against 18 various family’s and friends of 18 guardiansized victims from whom millions in estate assets have been looted. At no time has the predator produced anything other than their own personal testimony to support the charges levied].
None of this benefits the “ward”
Adult Protective Services (APS) operates on either a quota system or on a commission system, just as Child Protective Services does. This means X number of bodies must be processed in order to garner federal grant monies, and reimbursements as well as state funding. Projected annual budgets for operating APS include a projected number of victims, rising with each year of projection. Job protection and security are necessarily factored into these projections.
APS must adhere to various performance indicators that will meet the minimum return needed to qualify for funding. Failing to do so will result in the withholding of payments and could eventually find them in non-compliance and out of funding altogether.
An APS goal is to insure that all older Americans have the opportunity to live independently, with dignity, in their homes and communities for as long as they are able and choose to do so. This is the goal possibly, but the reality is that this will most likely not happen if these same older Americans have amassed any sizeable estate. Once identified as having assets they are targeted by the predators. Various offices of APS in several states and communities, have been implicated repeatedly in the flagging of potentially wealthy individuals whose estates could be exploited.
Preying on the elderly who committed the crime of aging/with assets, has become a lucrative and government sanctioned vocation. Across the country, in every state and community are rings of professional predators who make their living targeting elderly individuals whose estates can be looted under the guise of guardianship or conservatorship. Akin to a flock of vultures picking the bones of a dead carcass, professional predatory fiduciary’s, unethical lawyers and a host of government agencies and personnel begin chipping away at the estate, each of them billing the victim’s estate for supposed services rendered.
Any and all assets of the victim [now a so-called ward of the state], are immediately transferred to the victims new owner…..the guardian. Titles to homes are transferred to the guardian and quickly sold for pennies on the dollar to friends and co-predators or they might be sold at market value. Either way, the proceeds go directly into the predators private accounts supposedly to benefit the ward, of course.(sarc) Stocks, bonds, investments, savings, personal items are now all in the possession of the predator to dispose of and profit from.
In the meantime?
The victim is held in a participating facility that is willing to isolate, medicate and violate the rights of the victim in exchange for payment. This forced imprisonment of elderly victims amounts to torture.
Who ya gonna call?
You might as well call “Ghostbusters” on this one. There is not a federal or state representative or senator who will address this issue. Most will not even admit to having any knowledge that these criminal rackets are operating right under their noses.
The Department of Justice has been made aware, along with the FBI, states attorney’s general, governors, and all levels of local law enforcement. Not one of these agencies will act to protect the victims from these criminal rings.
“Law enforcement agents, social workers, and judges have all been trained to maintain a watchful eye over exploitative family members. Yet no one seems to be guarding the guardians. Family members have complained to local law enforcement, the state attorneys’ office, and even the F.B.I.”
Judicial oversight boards have been notified, and have been sent court documents clearly exposing the civil rights violations, judicial indiscretion and abuse, and the ongoing harassment and intimidation perpetrated by probate judges on behalf of and to protect the predatory guardian against family’s and friends of the victim. In several instances, family members are threatened with jail, told they cannot file any charges, cannot call the police, cannot report the abuse by the predators. Predatory guardians have been given immunity from prosecution for failing to report accurately and timely, for falsifying court documents and reports, for emotionally and physically abusing the victim and for violating state and federal regulations and statutes regarding the rights of the victim.
In every instance of the submission of evidence showing the blatant corruption of the probate court and the collusion of the judge, predatory guardians, attorney’s and others, the boards have upheld the corruption.
In my opinion, what is happening to the elderly in this country is government sanctioned human trafficking. Our elderly are being treated as commodities and are referred to as “units” or “human property”. This is nothing less than organized criminal racketeering operating within government agencies and offices and with the full knowledge and cooperation of every level of government.
I'm publishing this because Janna Dutton, Josh Mitzen, Rick Block and Devon Bank's response in their defamation lawsuit against me, they wrote something about the "Elder Protection Services Scam" like that's shocking. It's happening all over the country and even though I had the best elder abuse investigators, doesn't mean that they're not hooking them up with clients instead of calling family members. What's more shocking is the fact they're pretending they don't know about it. I know Janna Dutton is well aware of the problem by her online video.
TABLE OF CONTENTS
- DATES:
- ADDRESSES:
- FOR FURTHER INFORMATION CONTACT:
- SUPPLEMENTARY INFORMATION:
- Evaluation of Senior Financial Advisor Certifications and Designations
- Providing Financial Advice and Planning Information to Seniors
- Senior Certification and Designation Information Sources
- Financial Literacy Efforts
- Financial Exploitation of Older Americans
- Financial Exploitation of Older Veterans of the Armed Forces
DATES:Back to Top
Comment Due Date: August 20, 2012.
ADDRESSES:Back to Top
You may submit comments, identified by Docket No. CFPB-2012-0018, by any of the following methods:
- http://www.regulations.gov. Follow the instructions for submitting comments.
- Mail/Hand Delivery/Courier: Monica Jackson, Office of the Executive Secretary, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552.
Instructions: The CFPB encourages the early submission of comments. All submissions must include the document title and docket number. Please note the number of the question to which you are responding at the top of each response (respondents need not answer each question). In general, all comments received will be posted without change to http://www.regulations.gov. In addition, comments will be available for public inspection and copying at 1700 G Street NW., Washington, DC 20552, on official business days between the hours of 10:00 a.m. and 5:00 p.m. Eastern Time. You can make an appointment to inspect the documents by telephoning 202-435-7275. All comments, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. Sensitive personal information such as account numbers or Social Security numbers should not be included. Comments will not be edited to remove any identifying or contact information.
FOR FURTHER INFORMATION CONTACT:Back to Top
For general inquiries, submission process questions or any additional information, please call Monica Jackson at 202-435-7275. For specific questions on senior financial exploitation, please call James Miner at 202-435-7953.
SUPPLEMENTARY INFORMATION:Back to Top
In support of its statutory mandates under Section 1013(g)(1) and (3) of the Dodd-Frank Act, the Office for Older Americans will monitor certifications or designations of financial advisors who serve seniors and alert the SEC and state regulators of certifications or designations that are identified as unfair, deceptive or abusive. The Office for Older Americans will also make legislative and regulatory recommendations to Congress on best practices for disseminating information to seniors regarding the legitimacy of certifications and designations, and methods through which a senior can identify the financial advisor most appropriate for the senior's needs.
Pursuant to Section 1013(g)(3)(D), the Office for Older Americans is also conducting research to identify best practices for educating seniors on personal finance management. The office for Older Americans intends to use this research to develop goals for programs that provide financial literacy and counseling to seniors.
The Bureau is therefore seeking comments in response to the questions posed below. The questions are grouped into the following categories: (a) Evaluation of senior financial advisor certifications and designations; (b) providing financial advice and planning information to seniors; (c) senior certification and designation information sources; (d) financial literacy efforts; and (e) financial exploitation of older Americans, including veterans of the Armed Forces. Please feel free to respond to any or all of the questions but please be sure to indicate in your comments on which questions you are commenting.
Please note that the Bureau is not soliciting individual borrower complaints in response to this Notice and Request for Information. Nor is the Bureau seeking personally identifying information regarding borrower complaints, from the parties to the complaint or any third party. Responses to this subsection should not contain account numbers, Social Security numbers or other personal information that could be used to identify the complainant or another party identified in a complaint, or in any way otherwise reveal personally identifiable information.
Evaluation of Senior Financial Advisor Certifications and DesignationsBack to Top
1. What resources do seniors have for determining the legitimacy, value, andauthenticity of credentials held by their financial advisors and planners? What sources have been found most helpful, accurate, and thorough? Among other things, comments could address issues such as state or organizational level review standards, evaluation practices, or selection criteria to determine the validity of proposed senior certifications or designations.
2. How effective are the existing sources at maintaining the legitimacy, value, and authenticity of credentials held by senior financial advisors and planners?
3. How effectively do existing accountability controls deter the misuse of senior advisor credentials? Examples of accountability controls include revoking credentials, public notices of disapproval, or other disciplinary actions.
Providing Financial Advice and Planning Information to SeniorsBack to Top
4. What resources are available to explain the subject matter expertise presented or implied by specific certifications and designations? How effective are the publicly available sources at disseminating thorough, up-to-date information? How effectively are seniors able to use the available resources to select a financial advisor with appropriate knowledge to address their specific financial needs?
Senior Certification and Designation Information SourcesBack to Top
5. What sources of information on the fraudulent or misleading uses of senior certifications and designations are available? Comments could include, among other things, references to publicly available research or data sets, suggestions for other potentially available research or data, or other information on enforcement, civil, administrative, or criminal cases.
Financial Literacy EffortsBack to Top
6. What financial education, counseling, or personal finance management programs are tailored to the unique financial needs of older Americans and their families or caregivers? Among these programs, what are the best practices in providing seniors financial literacy and robust, practical information on personal finance management? Possible comments could address methods for improving recognition of unfair or deceptive financial practices; means for helping seniors plan for retirement, long-term care, and economic security; or approaches to consumer credit counseling and other financial literacy or financial protection practices.
Financial Exploitation of Older AmericansBack to Top
7. What types of fraudulent, unfair, abusive or deceptive practices target Americans age 62 and over? Comments could include unique types of financial exploitation or additional information concerning the examples listed below.
a. Power of Attorney or Guardian Abuse, whereby an agent under power of attorney or a court-appointed guardian uses his/her fiduciary authority (or a forged power of attorney instrument) to misappropriate the older person's assets and uses them for personal gain rather than for the support of the incapacitated older person; and
b. Affinity fraud, in which the characteristics of a trusted advisor such as a member of the clergy or government official are impersonated by those attempting to extract payments or personal information from an older person.
Financial Exploitation of Older Veterans of the Armed ForcesBack to Top
8. What types of fraudulent or deceptive practices target older veterans and/or military retirees? Comments could include unique examples of financial exploitation or additional information concerning the examples listed below.
a. VA Aid and Attendance fraud, whereby veterans are advised to transfer retirement funds into irrevocable trusts that cause them to lose access to the funds and also become ineligible for Medicaid benefits; or,
b. Military pension buyout schemes, in which veterans are offered cash payments in return for their military pension payouts in a manner that could ultimately deprive the veteran of the majority of his or her pension.
Dated: April 27, 2012.
Meredith Fuchs,
Chief of Staff, Bureau of Consumer Financial Protection.
I have to call my attorney and ask him if I can submit my report since this organization is asking that you not submit anything identifying anyone. But Janna Dutton, Josh Mitzen, Richard Block and Devon Bank insisted on making everything they do public record. I think I just have to explain to this organization that everyone knows all our business. The whole lawsuit will be published on the Internet soon anyway.