Thursday, January 26, 2012

Beverly Hayes - Devon Bank

She's Sally Griffin's replacement.  I sat directly behind her in court a few weeks ago in Honorable Lynne Kawamoto's courtroom.  She was talking to the guardian of the person, I believe.  I have to pull the file (and get back to you).  Judge Kawamoto's clerk kept telling everyone to be quiet, to take it outside and move along quickly but Ms. Hayes kept talking.  The woman she was talking to completely trusted her and I felt sick because I was the same way with Sally and Rick Block.  That turned out to be a big mistake.  They embezzled money from nineteen clients and still counting....

Anyway, Judge Kawamoto's clerk was telling the courtroom to be quiet, to take it outside and move along quickly but she kept talking (which was good because I heard every word and if she turns out to be untrustworthy like Sally Griffin, I've got that woman's back).  The bailiff had to come over and tell her to leave the courtroom if she wanted to continue her conversation.  It's so disrespectful to Judge Kawamoto and not surprising that it would be an employee of Devon Bank or affiliated with Amy McCarty.  (I'm wondering who picked the bank?  Devon Bank is the most expensive bank in the city to have manage your estate.  Did Amy McCarty pick it out?  That alone is financial exploitation of the elderly.) 

I'm saying "Beverly Hayes" disrespected the court because the woman she was with doesn't make a living in the courtroom although, she should know better.  It'll be interesting to see how this case turns out.  Devon Bank has a three month thing.  They start slandering the POA or guardian of the person three months after you open an account because they owe so many people and need their clients money to pay them off.  So, they slander them to put one of their friends on board as GOP to squander the estate.  I'll keep an eye on them to see if they're also going to use this poor soul to pay off their debts.

Friday, January 20, 2012

New Federal Agency Charged With Protecting Older Consumers of Financial Services

BY GENE MITCHELL

The Consumer Financial Protection Bureau (CFPB) was created by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The CFPB includes the Office for Older Americans, which has a mandate to help protect the financial interests of consumers aged 62 and up.

Hubert H. (“Skip”) Humphrey III was named assistant director of the Office for Older Americans in October. Humphrey, a former attorney general of Minnesota, has also worked in the private sector in communication and public affairs, and has taught at the University of Minnesota. He has served as the president of the Minnesota AARP and has been an AARP national board member.

In December, LeadingAge interviewed Humphrey to learn more about the CFPB’s priorities in protecting the interests of older Americans.

LeadingAge: What is the mandate of the Consumer Financial Protection Bureau with respect to older Americans? How will seniors benefit from the Bureau’s work?

Skip Humphrey: We have to fit what our office does within the mission of CFPB: that markets that provide financial services and products are transparent, competitive, and that consumers have access to the information they need to make financial decisions. Within that [mission] there are a number of different populations we are asked by Congress to look at, one of which is Americans 62 and older. Our mission is to coordinate and work with state and federal agencies and community organizations to assist seniors in having the information they need to make sound financial decisions.

If we accomplish that, seniors can go into the marketplace with a degree of understanding and make sound financial decisions.

Beyond that, my own experience has taught me that you need the educational background for seniors to be well-informed, but also the enforcement capacity of the Bureau to keep rascals out of the marketplace.

LeadingAge: What issue areas, with respect to older Americans, are the greatest priorities for CFPB? What sorts of reforms would you like to see going forward?

Skip Humphrey: I’ll give one example and it raises issues your [members] have to confront. That is the issue of diminished capacity in the decision-making process, and the risk older Americans face, where they may not have the same level of capacity as someone who is younger. Those people may well be in some of the facilities of readers of yours. How will we help those who are caregivers have the right tools as they assist in making decisions?

Elder abuse and financial exploitation is a real problem and I’ve heard about it all over this country. It’s also the financial institutions that are sensitive to this. Take a bank—a teller may see signs of a problem. Why is this person taking out a lot of money when they never have before? At that point someone needs to get some help. That’s where we have a major area of concern. There are issues regarding guardianship, and some of the folks in your group are concerned about that relationship: What is [the guardian’s] training, what is their background?

LeadingAge: What strategies will you use for getting the word out about the work CFBP is doing?

Skip Humphrey: There are a number of ways. We have a very good website [www.consumerfinance.gov] and will be expanding it. Secondly, we’re doing a lot of media interviews. Third, we are meeting with organizations all around the country. I just came back from Portland, Maine, where we met with a whole host of organizations and law-enforcement agencies that are becoming more sensitive to the problems out there.

LeadingAge: Do you have any observations about how well aging-services providers do in terms of helping consumers make informed choices about care options?

Skip Humphrey: I don’t want to prejudge, but you’ve hit on what Congress has asked us to look at. They’ve asked us to coordinate research, learn about best practices and training, etc. We’re just beginning that kind of effort.

Organizations like yours have to help me understand financial transactions. In many of these transactions, the market is shifting to the home care industry. We’re not necessarily going to be looking at the quality of that care, but will look at the financial end of things.

But I want to put this back into the framework of the larger picture: How can we help seniors have the financial information they need, and gain confidence they can go into a very robust marketplace and make these decisions as they age? It’s hard enough for a 50-year-old.

LeadingAge: Our members are highly regulated, especially those providing skilled nursing care. To what degree will CFPB work with providers to achieve consumer protection goals?

Skip Humphrey: We’re working not only with non-profits but for-profits. Let’s not duplicate what’s already been done and done well. We’re now gathering information and finding databases. A lot of work has already been done in various places around the country. I’ve had some strong support from local agencies and organizations who want some help.

Some states have been very active in these areas, [for instance] Texas and California; I was quite impressed with what I saw in Maine, but for the most part it’s kind of anecdotal at this point.

This is the first federal office solely focused on financial information and education for seniors. It’s a big task but an exciting opportunity to really help the growing number of older Americans.

Link to original story.

I'm going to have to notify this gentleman of Devon Bank and the things that I'm hearing at the election functions.  Banks are forcing elders into buying annuities, harrassing children's parents and calling them all the time.  So, now we not only have trust officers that aren't trustworthy but the entire financial industry preying on the elderly and yet, this gentleman trusts them?  I'll have to get the word out.

Saturday, January 14, 2012

Calistoga Bookkeeper Embezzles 250K from Elder Woman

A self-employed bookkeeper from Calistoga on Friday admitted embezzling more than $250,000 from an elderly Yolo County woman who operated a bed and breakfast in St. Helena, according to the Yolo County District Attorney’s Office.

Denise Conophy also pleaded guilty to elder abuse and tax evasion and agreed to forfeit more than $300,000 in cash and property to pay restitution to the victim, Jonathan Raven, chief deputy district attorney said in a news release.

Conophy, 51, had been hired to handle the victim’s bookkeeping and financial affairs related to a bed and breakfast in St. Helena, Raven said in the statement.

Instead, Conophy, transferred the victim’s assets to other accounts to pay her own bills, the prosecutor said.

The crimes were committed after the victim fell ill and relatives discovered that the woman’s assets had been depleted, authorities said.

In April, a spokesman for the California Franchise Tax Board, one of the investigating agencies, said Conophy allegedly used the money to pay personal bills, buy rental property in Santa Rosa and vacation property in Oregon. During the investigation, the Franchise Tax Board discovered that Conophy allegedly failed to file state income tax returns for eight years and failed to report the stolen funds as income, the Yolo County District Attorney’s Office said.

Yolo County Superior Court Judge Janet Gaard is scheduled to sentence Conophy on March 8 in Yolo County Superior Court in Woodland.

Prosecutors on April 14 charged Conophy with alleged embezzlement, elder abuse, money laundering and tax evasion, court documents show.

Read more

Wednesday, January 11, 2012

Ex-Partner of Big Law Firm Convicted of Taking $370,000

A Wisconsin jury has found a former partner of a large international law firm guilty of stealing $370,000 from an elderly client who prosecutors said suffered from dementia.

Dorothy Phinney, now 94, became a client of Milwaukee lawyer Jeffrey Elverman in 2000, when he was a partner at the firm of Quarles & Brady. In 2003 and 2004, Phinney signed checks to Elverman, who held her power of attorney, totaling $370,000. The payments came to light in 2008, shortly after a Milwaukee County judge found Phinney incompetent and appointed a community services agency as her guardian. The guardian has also filed a pending civil suit alleging Elverman took more than $600,000 from Phinney.

At trial, prosecutors presented a caregiver's records showing that Elverman met with Phinney for about an hour a week, on average. To justify $370,000 in fees, Elverman would have had to work 30 hours a week for Phinney at his $150 hourly rate, an assistant district attorney told the Milwaukee County jury.

But Elverman's lawyer countered that although Phinney couldn't name the president or identify a stapler, she understood her own finances well enough to know she wanted Elverman to help her handle them and she intended to pay him the money.

"This case is about Dorothy Phinney's ability to consent," attorney Daniel Drigot told the jury in his opening statement. "It's not about whether she was too generous or Mr. Elverman was too greedy." Elverman did not testify at his trial.

Elverman left Quarles & Brady in 2004 for unrelated reasons. The firm's internal investigation following Elverman's departure raised concerns about his representation of Phinney, but Elverman refused to allow Quarles & Brady to contact Phinney.

Elverman faces up to five years in prison and a fine of up to $25,000.
 
Full story here.

Monday, January 9, 2012

Overcoming the Heartbreaking and Emotional Drain of Condoned Law Guardian Abuse

How does someone overcome the heartbreaking and emotional drain of dealing with legally approved corruption? If there was a simple answer for that question, it is the need to raise awareness of an unsafe and unjust system. It has been awhile since my last article on this topic. Aside from the general busyness of the holiday season, I found myself exhausted on some unexplained level. The mere thought of having to discuss anything further about the final few years of Dorothy Wilson’s challenged life had a nauseating effect on me. There were many times when I would quietly ponder how anyone would allow another human being to be stripped of their rights; literally, figuratively and financially. This was even more troubling because Dorothy had more viable, loving and much happier options available to her.

You would think that considering all of the grief that Dorothy’s law guardian, Mary Giordano, caused both Dorothy and Diane; the only child fighting for her happiness; that when Mrs. Wilson passed into spirit that Mary would have stopped her nonsense. Instead, Diane, who was rightfully assigned as the executrix of the meager estate left after Mary Giordano was given free reign to financially plunder several hundred thousand dollars through a reverse mortgage and other ways, with the approval of Judge Joel Asarch, is still fighting for the pittance of money that was left. Mary Giordano has had no trouble forwarding the bills associated with the cost of maintaining Dorothy’s home and previous care. However, she has not released the funds to pay for it. All of her actions continue to highlight how unscrupulous, callous and greedy she is.

Perhaps one of the aspects of this law guardian abuse case; as in many others, is the complete lack of concern for anyone else who is affected. This holds true for family, friends and even more. Once Diane was put in charge of her Mom’s estate--as Dorothy had wanted from the onset--she started to find more and more of the absurd care that was taking place. The house was already put up for sale, but once Diane was allowed into it she spent hours and hours of her own time cleaning and organizing things to make it presentable. Diane and witnesses found certain things that were glaringly improper. We could begin by wondering why a binder with the order from Judge Asarch approving Dorothy’s relocation was found in the freezer. Could it be simply because it was in clear violation of Article 81? How many honest lawyers file their client’s documents in the back of a freezer?

Under the care of Anne Recht, the healthcare manager, Dorothy’s medicines and medical waste, including used needles, were found scattered throughout the home. They were in file cabinets, dresser drawers, a sewing machine cabinet, upstairs in a room where the aides slept, in the garage and in the refrigerator. People were coming and going in this house, including children, as Mary Giordano had put it up for sale without authorization. I can only speak for myself, but I would not be comfortable having inquisitive children stumble across a box of needles that were not properly stored. Many of the needles were pre-filled with medicine. There was even an IV pole with several needles and medicine connected to it that was left out in the open. Anyone could have been poked or injured by them.

In addition to the medicine, hundreds of dollars of expired food had to be thrown away because of the parade of aides. While some were very good to Dorothy, others would not take the time to go through the cabinets to see what was available to cook. The amount of wasted money would be unacceptable by most households, but under the “care” of Mary Giordano and Anne Recht, Dorothy’s funds were routinely misused. I personally remember the smile on Dorothy’s face one time when she attended a prayer and meditation meeting I held. The only requirement ever requested was that whoever comes to these meetings has to bring food for the pantry. She was more than happy to do that with Diane.

If the populace does not awaken to the fact that situations like Dorothy Wilson are taking place all around the country, then the actions of lawyers and judges who elect to scam the families who are caught up in it will continue to take place. What I have found with my inquiries and conversations with numerous people is that the majority of society seems to be intimidated by the judges and guardians responsible for the illegal and immoral activities. They are generally “well-connected” people and can make the lives miserable for those who stand up to them. Since they are in positions of power, they feel confident in trampling the civil rights of those they deem they should control, not to mention that they feel safe from prosecution because of the standard “old boys club” that still exists today.

This problem will persist unless enough citizens raise their voices and get the media—social and mainstream—to start putting a spotlight on many of the cases around the country. It makes no difference if the victim is someone’s mother, as in the case of Dorothy Wilson, or a husband like Gary Harvey, whose rights were taken away from him and his wife, Sara, when a guardian was put in charge. These are only two examples. The list goes on and on when it comes to the vulture-like attacks that take place from many guardians who greedily profit from an unchecked system that needs to be seriously addressed. Law guardian abuse seems to attack the elderly frequently, but is no stranger to the mentally impaired or physically challenged. Estates are systematically stolen from their rightful owners and family. What will it take for you to feel angered or passionate enough to take a stand and begin to hold the politicians accountable, who also want to hide behind legalities, mostly out of fear that it will hurt their career path? They have the power to change the laws, but many are either unaware of the rampant disintegration of civil rights, or they have chosen to be a part of the problem by ignoring or partaking in it. Often times, those who know about it do not take action because it is their colleagues, friends or acquaintances that are part of the corruption.

It would benefit an array of struggling victims to know that their voices are not being discarded by society. Let your compassion and the gauge that all people have that tells them the difference between right and wrong land on the right point. In this way, you will become a pillar of support for the meek and not a lamb led to slaughter by those who abuse the power that they wield.

Sunday, January 8, 2012

Cooper's Corner

This is a website of Bev Cooper's Programs on Elder Abuse and Guardianship Abuse.  They're must see TV.

Her link is here - North Shore Live

My all time favorite show is here.  Because Bev looks absolutely stunning.  I think green is her signature color.

Sunday, January 1, 2012

Probate Abuse Manual

http://probateabusemanual.blogspot.com/

This is a new website set up to help you with Cook County Probate Court Abuse. 

If you're a victim of Devon Bank please contact me since I have the ball rolling in that direction already, I have other people you can report bank fraud to.

Also contact me if you're someone I court watch for.  I know what you can try if things don't turn out the way you expect.