Investigating Elder Abuse:
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- Kelley Russell
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1 The National Center for Victims of Crime is pleased to provide the slides used in our July 1, 2015 Webinar, Investigating Elder Abuse: Law Enforcement Best Practices for Positive Outcomes. Please be advised that these materials are provided through the generosity of our presenter faculty. All copyright laws apply to the proper use and crediting of these materials.
2 Investigating Elder Abuse: Law Enforcement Best Practices for a Positive Outcome National Center for Victims of Crime Elizabeth Loewy, Esq. EverSafe July 1, 2015
3 Elder Abuse: Definitions vary from agency to agency and from state to state. See the NCEA website for definitions, including PHYSICAL, EMOTIONAL, SEXUAL, ABANDONMENT, NEGLECT or EXPLOITATION. Elder Abuse may not be defined in your state s Penal Law Common elder abuse crimes include Homicide, Larceny, Rape, Robbery, Forgery, Identity Theft, Neglect of a Vulnerable Elderly Person, Criminal Contempt and many more.
4 Mortality? Victims of elder abuse suffer more injuries and illnesses and are three times more likely to die prematurely as compared to non-victims. Journal of American Medical Association 1998
5 Older Victims Being older doesn t = impaired Competence v. Capacity? Does she/he understand the oath? Could she/he consent to a transaction? Can you prove the case w/out the victim?
6 Elder Abuse What does it Look Like?
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9 Elder Abuse includes: Domestic Violence Financial Exploitation Sex Crimes Identity Theft Institutional Abuse Neglect Cons and Scams A combination of the above
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11 Neglect can be Criminal
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13 GOAL: Proving Your Case Without Relying on the Victim HOW? Witnesses observations Defendant s statements Physical evidence Photographs/Drawings (injuries, condition of or damage to residence, bed/refrigerator/cabinets/closets) Taped telephone conversations (controlled calls, answering machines) Bank records/financial documents (P.O.A., tax returns, wills, ATM film) Forensic evidence Medical evidence
14 What is APS?* Adult Protective Services (APS) is a state-mandated case management program that arranges for services and support for physically and/or mentally impaired adults who are at risk of harm. *
15 ELDER FINANCIAL ABUSE BY THE NUMBERS 10,000 Americans Turn 65 Every Day 1 in 5 Is Financially Exploited Only 1 in 44 Cases Is Reported This Is Our Nation s Hidden Epidemic
16 One in 44? Why? Fear of being hurt Fear of being alone or dependent Fear of being in a nursing home Embarrassment Guilt Love Cognitive disorders Combination
17 1 in 3 seniors dies with Alzheimer's or another dementia
18 ELEANOR
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21 Elder Financial Abuse Is it civil? Is it criminal? Can law enforcement go forward if it s both?
22 Brooke Astor
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25 The Metropolitan Museum of Art
26 POA License to Steal?
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29 GUILTY: Scheme to Defraud (Marshall and Morrissey) Grand Larceny (Marshall) (convicted 6 cts, acquitted 1ct) Offering a False Instrument for Filing (Marshall) Criminal Possession of Stolen Property (Marshall) Conspiracy (Marshall and Morrissey) Forgery (Morrissey)
30 Remedies in Criminal Court Why prosecute? JUSTICE FOR THE VICTIM Exploitation often ends once investigation and prosecution is initiated Order of Protection may be issued Restitution may be ordered as a condition of sentence Just sentence, including treatment programs
31 Thank you! Elizabeth Loewy General Counsel and Sr VP of Industry Relations
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