CALIFORNIA PENAL CODE SECTION 368-368.5 Special Crimes Against Elders
"ROB DADDY & THROW MOMMA UNDER THE BUS!"
FBI LETTER
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TIME LINE, MAJOR EVENTS WITH BANKING TRANSACTIONS
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08/23/2006 – Los Angeles Superior Court, case , conservatorship for Mrs. EDWINA J. FULLER APPT. CONSERVATOR OF P & E - Matter continued
10/04/2006 – Los Angeles Superior Court, case Conservator] - Acctng Due in 425 Days
09/13/2007 – Mr. THELSEY LEO FULLER, Citibank* High Interest Checking Account # Balance $206,964.66.
09/25/07 $1,030.00 Check #1214
09/26/07 $1,100.00 Check #1212
10/2007 No bank statement
11/01/07 $1,990.00 Check #1219
11/05/07 $1,900.00 Check #1218
11/21/07 $2,147.65 Check #1225
11/21/07 $783.31 Check #1226
11/22/2007 – Mr. T. L. Fuller ask Mr. BenAMarine if he is ever coming back to California. Mr. Marine responds, "No.” Mr. T. L. Fuller request that Mr. Marine come visit him at Christmas, Mr. Marine agrees.
11/28/07 $4,055.00 Check #1228
12/10/07 $181,000.00 Cash Withdrawal
Deposited to High Yield MMA Balance $181,002.56
12/13/2007 –
Robert L. Fuller [FBI Tracking Number, Case File: CI 01261737] makes veiled threats that if Mr. Marine returns to California he will face trouble from he and Doris A. Fuller.
Mr. Marine cancels Christmas vacation to California [Re: It's easy to get into trouble and hard to get out].
12/31/07 Month of December 2007, $184,798.99 withdrawn from Citibank, $3,740.58 unaccounted for. Checking balance $50,270.90. MMA balance $181,172.14. Amount Added $38,178.62 (?) Citibank statement missing pages 1 & 2
03/28/08 $200.00 Check #1410 Pages 3 & 4 are missing from Citibank statement.
04/23/08 $272.00 Check #1385
04/28/08 $511.00 Check #1384
05/01/2008 – Doris Fuller takes out reverse mortgage on her home which she has owned since 1974 in the amount of $541,500.00 with Wells Fargo Bank
May 1 – June 1, 2008 Citibank Statement (NO PAGE 2, NO PAGE 4)
Robert Fuller and Doris Fuller added to Mr. T. L. Fuller's accounts at Citibank, statements mailed to Doris Fuller's home.
Citigold Account Balance $61,728.60
Smith Barney Account Balance $181,922.31
TOTAL $243,650.91
05/12/2008 – Conservator, re: Mrs. E. Fuller, files Petition to Determine Ownership Inglewood, CA 90305 (PC 850)
06/09/08 $50.00 Check #1393
$18.20 Check #1391
06/12/08 $59.09 Check #1394
July 2008 EXTREMELY ERRATIC BANKING ACTIVITY BEGINS, Mr. T. L. Fuller's accounts
07/08/08 $117.00 Electronic Debit AAA Insurance – TL Payment (?)
07/18/08 $50.00 Check #1401
$50.00 Check #1402
$35.01 Check #1403
$28.33 Check #1399
07/23/2008 – Durable Trust created for Mr. T. L. Fuller grants Durable Power of Attorney to Robert Fuller (Atty. Daniel K. Lak). Mr. T. L. Fuller is isolated from other family members outside of Robert Fuller and Doris Fuller, all of his telephone calls are monitored he is no longer able to visit with other family members on a one on one basis as he has in the past. Mr. T. L. Fuller is no longer able to interact with others or go out with anyone other than Robert Fuller and Doris Fuller
07/25/08 $20.00 Check #1404
07/29/08 $1,000.00 Check #1405
07/30/08 $130.00 Electronic Debit Check #1406 DIRECTV
AUGUST 1 – SEPTEMBER 1, 2008
HIGH YIELD MMA BALANCE $182,071.49 AS OF 07/31/2008 NO LONGER APPEARS ON STATEMENT FOR CITIGOLD ACCOUNT HIGH INTEREST CHECKING BALANCE BEGINS $63,255.19 ENDS $9,616.48
08/01/2008
$55,000.00 CASH WITHDRAWAL
08/06/08 $200.00 Check #1398
BEGINNING SEPTEMBER 2008 AND UP UNTIL HIS DEATH, FOR A PERIOD OF APPROXIMATELY 11 MONTHS, MR. T. L. Fuller'S MONTHLY RETIREMENT PROCEEDS FROM THE US TREASURY (USPS) ARE REMOVED FROM HIS CITIGOLD ACCOUNT. SOCIAL SECURITY CHECKS, PROCEEDS UNACCOUNTED FOR [WELLS FARGO?]
09/04/2008 – Objection Document (OBJECTIONS TO PETITION TO DETERMINE TITLE TO REAL PROPERTY) Filed by Attorney for Objector {Shirley}
09/12/2008 – Mr. T. L. Fuller becomes part owner of Falmouth Ave , Playa Del Rey, CA 90293-8297 no paper work as to how or when he became owner of property (Atty. Daniel K. Lak)
09/16/2008 $1,500.00 Check #1407
Durable Trust amended, Mrs. EDWINA J. FULLER $0, Robert L. Fuller 50% of estate; Doris A. Fuller 50% of estate. (Atty. Daniel K. Lak)
09/30/08 $6,360.00 Check #1408
Citigold Account Balance $3,317.65
10/17/08 $1,500.00 Check #1350
10/08/2008 – Mr. T. L. Fuller, pages 2 - 5 follow up re. catheter, body weight 150 lbs. [when placed missing from records], medical notes Kaiser.pdf
10/15/2008 – Mr. T. L. Fuller, page 1 progress notes, trial voiding, bladder, 150cc in, 150cc out, patient should increase fluids, medical notes Kaiser.pdf
10/21/2008 – Mr. T.L. Fuller, gifts Doris Fuller her own house 90221-4515, $541,500.00 reverse mortgage five months prior, no paper work as to how or when Mr. T. L. Fuller became owner of Doris Fuller's home (Atty. Daniel K. Lak)
10/23/2008 – Mr. T. L. Fuller's, Plan of Care missing, mentioned on page 9, medical notes Kaiser.pdf
10/28/2008 – Mr. T.L. Fuller, medical treatment, no notes, see 02/10/09, page 8, medical notes Kaiser.pdf
November 3 – November 30, 2008 Citigold Account STATEMENT MISSING PAGES 2, 3, AND 4
12/08/08 $1,500.00 Check #1352
01/02/09 – MR. T. L. Fuller's, RETIREMENT BENEFIT INCREASES FROM $1,557.07 TO $1,649.77 PER MONTH
01/05/2009 – Mr. T. L. Fella, pages 6 – 7, urinary obstruction, Kaiser.pdf
01/06/09 $1,500.00 Check #1353
02/09/09 $1,500.00 Check #1354
02/10/2009 – Mr. T. L. Fuller, pages 8 – 11, chief complaint, interstitial lung disease; active problems, hypertension, anemia, chronic kidney disease, lung disease, atrioventricular block, urinary tract symptoms w/urinary obstruction, diastolic dysfunction, dyspnea [cardiopulmonary disease], nausea and vomiting; MEDS; martial status separated, Kaiser.pdf
03/04/09 $1,500.00 Check #1355
04/10/09 $1,500.00 Check #1357
04/13/09 $476.00 Check #1356
05/07/09 $1,500.00 Check #1358
06/03/2009 – Mr. T. L. Fuller, pages 12 – 15, hospice note, lung disease; active problems; meds; bed bound; anemia; martial status separated; diagnosis lung disease, home hospice care, "Do Not Resuscitate," atrioventircular block, anemia, chronic kidney disease, hypertension, dyspnea, BPH w/lower urinary tract symptoms, urinary obstruction, Kaiser. Pdf
06/09/09 $1,600.00 Check #1359
06/30/2009 – Mr. Steven Fuller, conservator for Mrs. Edwina J. Fuller ask court for restraining order on Mr. Thelsey. L. Fuller's bank accounts [06/30/2009 MOTION/APPL-TEMP RESTAINING ORDER]
[06/30/09] $3,000.00 Check #1360
07/01/2009 – Robert L. Fuller and Doris A. Fuller withdraw $235,152.28 from Mr. T. L. Fuller's Citibank Account, Reference # 10013133368 /TCR/ACCOUNT # 40046814907, each cash checks in the amount of $117,576.14 and deposit same at, Monterey Park, CA 91754
[07/01/09] $1,600.00 CASH WITHDRAWAL
07/02/09 – Mr. T. L. Fuller, pages 16 – 17, office visit Stanley Mark Fried MD; lung disease; meds, Kaiser.pdf
07/31/09 - 08/04/09 – Mr. T. L. Fuller, page 18, hospitalized five days for anorexia, dysphagia, anemia (no hospital notes), Kaiser.pdf
08/03/09 $2,200.00 CASH WITHDRAWAL while Mr. Thelsey L. Fuller in in the hospital
08/05/2009
Click Image to Enlarge
Mr. Thelsey L. Fuller placed in convalescent hospital... multiple medications, decubitus ulcer, low body mass - intake not meeting needs, dehydrated, stage IV pressure ulcer, PacificPalms.pdf
08/06/2009 – Mr. T. L. Fuller, pages 18 – 21, physical exam; hospice; lung disease; eating problem; anemia; tires easily, requires max assistance, bed bound; active problems, hypertension, anemia, chronic kidney disease, partial atrioventricular bloci, urinary obstruction, diastolic dysfunction, dyspnea, nausea and vomiting, urinary retention, lung disease, knee pain, cystitis, syncope, hematuria, dehydration, atherosclerosis, septicemia, malnutrition; weak, barely able to answer questions with whisper (head movement); pre-terminal, anorexia. Page 98, Mr. T. L. Fuller goes down hill emotionally, heads up from Kaiser Hospice social worker, (Gretchen), Re: Family Issues, PacificPalms.pdf
08/07/2009 – Mr. T. L. Fuller lying in bed, weak, slow to answer, confused. Robert Fuller obtains Medi-Cal application from convelesant hospital, Re: Mr. T. L. Fuller, PacificPalms.pdf
08/08/2009 – I, widow's son, Mr. BenAMarine contact the L. A. County Sheriff Dept. office, Deputy Anderson 9:20PM (EST) Incident number 170. Re: Condition and location of Mr. T. L. Fuller unknown, I ask that the sheriff’s department go to Doris Fuller's home to check on Mr. T. L. Fuller
08/10/2009 – Robert Fuller turns in Medi-Cal application for Mr. T. L. Fuller to Pacific Palms MEDI-CAL?
08/17/2009 – Robert Fuller files restraining order against Mr. Steven Fuller, conservator of Mrs. Edwina J. Fuller, using Power of Attorney
08/21/2009 – Robert Fuller informed that Mr. T. L. Fuller has stage III - IV pressure ulcer on left inner buttocks
08/24/2009 – Kaiser social worker telephones Doris Fuller regarding patient (Mr. T. L. Fuller) support, page 103, PacificPalms.pdf
08/26/2009 – MR. THELSEY LEO FULLER DIES ALONE AND BROKE.
AUGUST 3 – AUGUST 31, 2009 Citibank Statement
Mr. THELSEY LEO FULLER
POA ROBERT FULLER
POA DORIS FULLER
Citigold Account Balance $168.59
Smith Barney Account 57H-01121 Balance $0
TOTAL $168.59
Notice to Person Accepting the Appointment as Attorney-in-Fact [missing from Lak's POA drawn up for Robert and Doris Fuller]:
By acting or agreeing to act as the agent (attorney-in-fact) under this power of attorney you assume the fiduciary and other legal responsibilities of an agent. These responsibilities include:
1. The legal duty to act solely in the interest of the principal and to avoid conflicts of interest.
2. The legal duty to keep the principal's property separate and distinct from any other property owned or controlled by you. You may not transfer the principal's property to yourself without full and adequate consideration or accept a gift of the principal's property unless this power of attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal's property. If you transfer the principal's property to yourself without specific authorization in the power of attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse under Penal Code Section 368. In addition to criminal prosecution, you may also be sued in civil court. I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the agent (attorney-in-fact) under the terms of this power of attorney.
Date:
____________________________
(Signature of agent)
Section 259 of the Probate Code. (a) Any person shall be deemed to have predeceased a decedent to the extent provided in subdivision (c) where all of the following apply:
(1) It has been proven by clear and convincing evidence that the person is liable for physical abuse, neglect, or fiduciary abuse of the decedent, who was an elder or dependent adult.
(2) The person is found to have acted in bad faith.
(3) The person has been found to have been reckless, oppressive, fraudulent, or malicious in the commission of any of these acts upon the decedent.
(4) The decedent, at the time those acts occurred and thereafter until the time of his or her death, has been found to have been substantially unable to manage his or her financial resources or to resist fraud or undue influence.
(b) Any person shall be deemed to have predeceased a decedent to the extent provided in subdivision (c) if that person has been convicted of a violation of Section 236 of the Penal Code or any offense described in Section 368 of the Penal Code.
(c) Any person found liable under subdivision (a) or convicted under subdivision (b) shall not (1) receive any property, damages, or costs that are awarded to the decedent's estate in an action described in subdivision (a) or (b), whether that person's entitlement is under a will, a trust, or the laws of intestacy; or (2) serve as a fiduciary as defined in Section 39, if the instrument nominating or appointing that person was executed during the period when the decedent was substantially unable to manage his or her financial resources or resist fraud or undue influence. This section shall not apply to a decedent who, at any time following the act or acts described in paragraph (1) of subdivision (a), or the act or acts described in subdivision (b), was substantially able to manage
his or her financial resources and to resist fraud or undue influence within the meaning of subdivision (b) of Section 1801 of the Probate Code and subdivision (b) of Section 39 of the Civil Code.
(d) For purposes of this section, the following definitions shall apply:
(1) Physical abuse as defined in Section 15610.63 of the Welfare and Institutions Code.
(2) Neglect as defined in Section 15610.57 of the Welfare and Institutions Code.
(3) False imprisonment as defined in Section 368 of the Penal Code.
(4) Fiduciary abuse as defined in Section 15610.30 of the Welfare and Institutions Code.
(e) Nothing in this section shall be construed to prohibit the severance and transfer of an action or proceeding to a separate civil action pursuant to Section 801.
CALIFORNIA CODES PENAL CODE SECTION 118-131
CALIFORNIA CODES PENAL CODE SECTION 182
CALIFORNIA CODES PENAL CODE SECTION 211-215
CALIFORNIA CODES PENAL CODE SECTION 470-483.5
CALIFORNIA CODES PENAL CODE SECTION 503-515
CALIFORNIA CODES CIVIL CODE SECTION 1708-1725
CALIFORNIA CODES WELFARE AND INSTITUTIONS CODE SECTION 15610-15610.65
SEE ALSO: ELDER ABUSE
"A citizen's guide to preventing & reporting elder abuse"
"A lot of people believe what belongs to their parents is rightfully theirs," said Harding. This notion may lead family members to take advantage of elders strictly because they believe they are entitled to it."
http://www.thehour.com/register/?storyid=488258
A full web site and or blog about this case(s) will be created in the not to distant future.
