Veterans Memorial Building - PowerPoint Presentation

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Veterans Memorial BuildingSan Luis ObispoMay 21st, 2018

No excuse for Elder abuseSlide2

Presented by

Paul Greenwood,

Newly “retired” Deputy District Attorney,

San Diego County, CaliforniaSlide3

My Elder Abuse journey beganSlide4

January 1996Slide5

I had an office, a phone, a computer but....Slide6

No cases!Slide7

Just silence!Slide8

So how do we go about breaking through that silence?Slide9

Who are the victims?Slide10

Penal Code section 368Slide11

Elders = ?Slide12

65+Slide13

Dependent adults:aged 18 - 64 with “physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights” Slide14

Prosecution: Reactive or proactive?Slide15

NetworkingSlide16

Start local…think global..Slide17

The importance of the 3 Csin building a multi disciplinary team approachSlide18

CollaborationSlide19

CooperationSlide20

CommunicationSlide21

I began with a key triangle concept…Slide22

Social services - APS, Ombudsman & Public GuardianLaw EnforcementProsecutorsSlide23

Social Services…Slide24

Every County must have a reporting lineBillboards

Posters

Radio and TV PSA’s

# of calls WILL increase

APS/ Ombudsman

Creating/promoting referral line:Slide25

Local law enforcement..Slide26

For the first 7 months I did not prosecute any elder abuse case; instead I went around our county talking with law enforcement....Slide27

What did I learn?Slide28

All victims deserve our utmost response

Sadly, some victims are overlooked, ignored, disbelieved, or simply are abandoned

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I discovered that law enforcement - through no fault of their own - were falling into common misconceptions...Slide30

I have learned that to bring elder abuse out of the shadows, we need to recognize what is standing in our way…Slide31

Elderly people make terrible witnesses

Myth #1Slide32

Most common answer… forgetfulnessSlide33

ForgetfulSenile

Longwinded

Grumpy

Disabled

Fragile

AVOID STEREOTYPING OF SENIORSSlide34

If elderly victim refuses to provide information, there is nothing that can be done

Myth # 2 Slide35

We can still build a case by talking to other key witnessesStart on the outside and work your way to the middle

Let the DA figure out a way to break through victim’s wall of silenceSlide36

Self -determination is not the answer

LESSONS LEARNED FROM

DOMESTIC VIOLENCESlide37

“Victim declines prosecution”Slide38

If not punished, the perp WILL abuse againWe CAN convict even without the assistance of the victim

Abuse is a crime against NOT JUST the abused

Why self-determination is a problemSlide39

Why I am SO determined about the fact that victims should not get to “press charges” or choose which cases get filed…..Slide40

If elderly victim gives the money voluntarily, it is not a crime

Myth # 3Slide41

The “it’s a civil matter” mindset is pervasiveSlide42

But things are not always how they first appearSlide43

There are times when the apparent voluntariness has been diluted by fraud, undue influence or by exploiting the mental limitations of the victimSlide44

A Power of Attorney does not provide a license to steal and plunder

Myth # 4Slide45

A family member who is the suspect - accelerated inheritance is not a good defense!Slide46

If victim is deceased before we discover the theft, we cannot prosecute

Myth #5Slide47

Wrong!Treat such a case as if it were a murder

There are some situations in which we do not need the victim for a prosecutionSlide48

After discussing these misconceptions with law enforcement, the next step was to persuade them to designate a “go to” person within the agencySlide49

Prosecutors…how can we get their buy in? Slide50

Things I have learned about prosecution along the way…Slide51

Some prosecutors have fallen into the same misconceptionsSlide52

Remember myth # 1Slide53

Prosecutors need to know that these cases have such jury appealSlide54

And prosecutors need to appreciate some frustrations that can develop when cases get dropped or not filed Slide55

Part of an e-mail I received a few weeks ago from a frustrated APS case worker…Slide56

This article appeared in a prominent California newspaper just a few months agoSlide57

And what was the DA’s office response…Slide58

As prosecutors we need to be able to argue lack of consent much more forcefullySlide59

Building the elder financial exploitation caseSlide60

Taking property belonging to another

without consent &

with intent to permanently deprive

HOW TO PROVE STEALING?Slide61

We need to be able to argue lack of consent much more forcefullySlide62

To consent to a transaction a person must:Act freely & voluntarily & not under the influence of threats, force or duress

Have knowledge of the true nature of the act or transaction involved

Possess the mental capacity to make an intelligent choice whether or not to do something proposed by another person

Lack of consentSlide63

Consent requires a free will and positive cooperation in act or attitudeSlide64

Classic case of theft from a competent victimTheft from an incompetent victim

Theft from a marginally competent victim [by undue influence]

Three prosecutable scenariosSlide65

Victim testifiesDid not give permission

Did not owe monies to suspect

Victim is credible

SCENARIO # 1Slide66

Victim cannot testifyMedical testimony that victim suffers from dementia/ Alzheimer’s/ Parkinson's or some other illness that deprives victim of necessary understanding

Incapacity was present at time of transaction

SCENARIO # 2Slide67

Is it theft, a loan, or a gift?Victim is marginally competent

Suspect exploited victim’s vulnerability

Victim was unduly influenced or was defrauded

SCENARIO # 3Slide68

Victim ‘was pushed in a direction that he did not want to go.’The influence by suspect was sufficient to remove the voluntariness of the transaction

No longer free will

Victim has been evaluated by a geriatric psychiatrist/psychologist

Undue InfluenceSlide69

Length of relationshipPlace of first meeting

Prior spending habits

Prior “charitability”

What is left?

Multiple escalating transactions

Statements & conduct by suspect

How to prove undue influence?Slide70

Bank, credit card statementsBank surveillance tapes

Prior medical records

Look for the inappropriate purchases

Ask questions, questions, questions!!!

Evidence collectionSlide71

Victim was classic example of theft by undue influenceVictim testified

Short term memory problems

Areas of extreme vulnerability

People v. HarrisSlide72

After that initial triangle base was created…then I reached out to..Slide73

The medical community…Slide74

Medical..ER & Urgent Care clinics & hospital staffMedical Examiner / Coroner

Paramedics /EMTs & firefighter first respondersSlide75

ER & Urgent Care…Slide76

Having that discussion about accidental and non-accidental injuriesSlide77

Medical Examiner/ Coroner..Slide78

Train ME Investigators who take calls from police after a deathEstablish a protocol for reviewing suspicious deaths of elders

Can instigate an elder death review team

Coroner /Medical examinerSlide79

The importance of an elder death review teamSlide80

20,000 deaths a year52% are reportable

Criteria is …not seen by MD in last 20 days/not a “natural” death

Out of 11,000 possible cases 7,000 are waived automatically.

Out of 4,000 cases that come in, only 2,700 autopsies

Deaths in San Diego CountySlide81

Dr. Harold ShipmanCharles Cullen

Lessons to learn from….Slide82

Paramedics/EMTS & other first respondersSlide83

They need training!They hear & see things that NO-ONE else sees & hearsParamedics are often walking into a crime sceneThey make GREAT witnessesSlide84

Lessons to be learned from thePolchow case which led to EMT training and our EDRT being formedSlide85

And dispatchers need to get training as well..Slide86

Then I turned my attention to financial institutions..Slide87

Financial exploitation Slide88

Watch for an explosion of elder financial abuse casesSlide89

I discovered that many of the elder thefts and scams were preventable…Slide90

Education & training of all bank & credit union personnel…Slide91

The grandma scam..........Slide92

The sweepstakes scam..Slide93

An e-mail I received...Slide94

Watch out for bogus checksSlide95

Investment Frauds…Slide96

Scams where the perpetrator poses as a person in authoritySlide97

Bogus charities &questionable tactics by legitimate charitiesSlide98

Financial institutions need to be aware of changes.. such as when a caregiver is introduced…Slide99

Watch out for iTunes cards.....Slide100

And then I turned my attention to home improvement fraud and to the agency that investigates such incidents - CSLBSlide101

Any case where the elderly victim is involved in a home repair & there is a dispute over money – this is ALWAYS a civil matter.

Myth # 6Slide102

Is the “contractor” licensed?Are there other victims out there?

Did he get the money up front?

What services did he promise?

What did he deliver?Slide103

A case I just completed…Slide104

Then turning to clergy & faith based groups Slide105

Then I became aware of a growing problem involving guardianship abuse…Slide106

Part of an e-mail I received recently…Slide107

So we reached out to Probate Court investigatorsSlide108

And then to address the hidden issue..Slide109

Our ALF projectSlide110

Collaborating with CCL & AG’s officeSlide111

And the culmination of all these collaborative efforts has been…Slide112

A few months ago we created our first ever blueprint for San Diego CountySlide113

We respect and honor you!We commit to seeking justice for you

We prosecute with:

Passion

Purpose

Perseverance

A Message to Seniors:Slide114

Paul Greenwood858-386-6500

pgreendda@gmail.com

Please feel free to contact me: