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FINANCIAL CRIMES AGAINST THE ELDERLY

FINANCIAL CRIMES AGAINST THE ELDERLY. David E. Sipprell Assistant District Attorney Forsyth County. NDAA.

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FINANCIAL CRIMES AGAINST THE ELDERLY

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  1. FINANCIAL CRIMESAGAINST THE ELDERLY David E. Sipprell Assistant District Attorney Forsyth County

  2. NDAA • The National District Attorneys Association (NDAA) recognizes that elder abuse is a serious crime and public health issue with far reaching consequences for both the victims and society. The NDAA endorses the vigorous prosecution of cases of elder abuse, neglect, and financial exploitation.

  3. OPENING STATEMENT • CRIMES AND THEIR ELEMENTS • UNIQUE CHALLENGES TO PROSECUTING CRIMES AGAINST THE ELDERLY • REAL WORLD LIMITATIONS

  4. EXPLOITATION OF A DISABLED OR ELDER ADULT THROUGH A POSITION OF TRUST • Elements: A person guilty of this offense: • Stands in a position of trust and confidence or • Has a business relationship with an elder or disabled adult and • Knowingly • By deception or intimidation • Obtains or uses an elder or disabled adult’s funds, assets, or property • With the intent to • Deprive temporarily or permanently the elder or disabled adult’s use, benefit, or possession of the funds, assets, or property or • Benefit someone other than the elder or disabled adult

  5. EXPLOITATION OF A DISABLED OR ELDER ADULT LACKING CONSENT • Elements: A person guilty of this offense: • Knows or reasonably should know • An elder or disabled adult lacks the capacity to consent and • Obtains or uses an elder or disabled adult’s funds, assets, or property • With the intent to • Deprive temporarily or permanently the elder or disabled adult’s use, benefit, or possession of the funds, assets, or property or • Benefit someone other than the elder or disabled adult

  6. EXPLOITATION OF A DISABLED OR ELDER ADULT • Definitions: • Elder Adult: a person 60 years of age or older who is not able to provide for the social, medical, psychiatric, psychological, financial, or legal services necessary to safeguard the person’s rights and resources and to maintain the person’s physical and mental well-being • Disabled Adult • Capacity to Consent

  7. EXPLOITATION OF A DISABLED OR ELDER ADULT • Punishment • If the property is valued at $100,000 or more => Class F Felony • If the property is valued at $20,000 or more but less than $100,000 => Class G Felony • If the property is valued at less than $20,000 => Class H Felony

  8. ID THEFT • Elements: A person guilty of this offense: • Knowingly • Obtains, possesses, or uses • Identifying information of another person, living or dead • With the intent to fraudulently represent the person is the other person • For the purpose of • Making financial or credit transactions in the other person’s name • Avoiding legal consequences • Obtaining anything of value, benefit, or advantage

  9. ID THEFT • Punishment • Class G Felony, except: • if the victim suffers arrest, detention or conviction • The person is in possession of identifying information for 3 or more people • => Class F

  10. FORGERY • Common Law Forgery • Elements: A person guilty of this offense: • Makes a false writing • That is apparently capable of effecting a fraud • With intent to defraud • Punishment • Class 1 misdemeanor, unless it is alleged that it was done “with deceit and intent to defraud” => Class H Felony

  11. FORGERY • Forging an Endorsement on Checks • Elements: A person guilty of this offense: • Falsely makes • An endorsement • Apparently capable of effecting a fraud • On an instrument • For the sake of gain or • With the intent to defraud or injure another • Punishment: Class I Felony

  12. FINANCIAL TRANSACTION CARD CRIMES • False Representation as Cardholder • Elements: A person guilty of this offense: • Obtains money, goods, services • With intent to defraud • By representing that he/she is the holder of the financial transaction card • When he/she does not have the consent of the holder or • When the card has not in fact been issued • Punishment: • If value of over $500 within 6/mo => Class I Felony • If value of $500 or less within 6/mo => Class 2 Misdemeanor

  13. FINANCIAL TRANSACTION CARD CRIMES • Unauthorized Presentment of Card • Elements: A person guilty of this offense: • Obtains money, goods, services • With intent to defraud • By presenting a financial transaction card without the authorization of the cardholder • Punishment: • If value of over $500 within 6/mo => Class I Felony • If value of $500 or less within 6/mo => Class 2 Misdemeanor

  14. OBTAINING PROPERTY BY FALSE PRETENSES • Elements: A person guilty of this offense: • Makes a representation of a past or existing fact or a future event • That is false and • Is calculated and intended to deceive and • Does in fact deceive another person and • The person thereby obtains money, property, services or something of value • Punishment • Class H Felony • Class C Felony if property is worth more than $100,000

  15. CHALLENGES • Special Needs of the victim • Health concerns • Fear, anxiety, embarrassment • Proof Problems • Definitions and Elements • Value amounts • Victim’s ability to testify • Family Relations • Jury education

  16. REAL WORLD LIMITATIONS • Resources • 4 Prosecutors (General Crimes) • Also prosecute B & Es, common law robberies, possession of firearm by felon • Limited Trial Time • 31 trial weeks this year • No forensic accountants on staff • Structured Sentencing • Civil Alternative • Not a collection agency • Same remedy, easier burden

  17. CONTACT INFO • Forsyth County DA’s Office: 761-2214 • WSPD: 773-7700 • FCSO: 917-7001 • KPD: 996-3177 • NC Attorney General: (919) 716-6400 • SBI: (919) 662-4500 • US Attorney: (336) 631-5268 • Experian, Equifax, TransUnion, NCDMV, Social Security Admin

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