Bureau of Medi-Cal Fraud and Elder Abuse -- THAT'S NOT WHAT YOU DO!

KAMALA D. HARRIS

Attorney General

State of California

DEPARTMENT OF JUSTICE

BUREAU OF MEDI-CAL FRAUD AND ELDER ABUSE

1425 RIVER PARK DR., SUITE 300

SACRAMENTO, CA 95815-4524

Telephone: (916) 263-2533

Facsimile: (916) 263-0864

E-Mail: Mark.Geiger@doj.ca.gov

March 23, 2012

Mr. Michael Long

P.O. Box *****

York, South Carolina 29745-2608

RE: Your Complaint for Elder Abuse

Robert and Doris Fuller, Daniel K. Lak

Dear Mr. Long:

Your letters and e-mails have found their way to my desk for me to review, once again, whether or not the California Attorney General's Office, Bureau of Medi-Cal Fraud and Elder Abuse, can assist you. I understand you contend that your uncle and aunt, Robert and Doris Fuller, with the help from their lawyer, Daniel K. Kak, isolated your grandparents and began to exercise undue influence over them and their affairs to the exclusion of all other relatives. I further understand you believe that Mr. and Mrs. Fuller took control of, and squandered, your grandparent's assets, whether by forgery, deceit or undue influence so as to remove their free will over making dispositions.

Our Bureau cannot assist you in this matter because our authority to act is entirely dictated by our federal funding agency, the Department of Health and Human Services. Our mission - and our only authority - is to investigate and prosecute elder abuse as part of protecting the integrity of the Medicaid assistance program (42 USC 1396 et seq.). In short, since your grandparents were not Medicaid recipients nor, as I understand it, residents in a Medicaid-funded Skilled Nursing Facility, we would be running afoul of the law to pursue this matter.

More importantly, however, it is my opinion that the Attorney General's Office is not the proper venue for your complaint. At its most basic level, your complaint centers around a probate court dispute. The probate judge who determined that your aunt and uncle were right to take control of your grandparents' assets is the party that bears responsibility for the proper oversight of their estate. The Attorney General is not empowered to stand in the place of any heir who believes that an estate's apportionment was wrongly done and wishes to revisit a better division of the proceeds.

Mr. Michael Long

March 23, 2012 Page 2

Your allegations of wrong-doing by the Fullers or Mr. Lake should be forwarded, as last suggested in the enclosed response letter to you from the Public Inquiry Unit on March 16, 2012, to the Commission on Judicial Performance. I will also suggest the California State Bar will look into your allegations that Mr. Lak committed a fraud upon the court. You will find their contact number information at: www.calbar.ca.gov .

I will hope your appeal to the Los Angeles District Attorney may bear fruit. Even though that office may be overwhelmed, they are a solid prosecutorial office and are not limited, as we are, by our funding.

Beat of luck to you in your pursuit of justice.

Sincerely,

MARK GEIGER, Director

Bureau of Medi-Cal Fraud and Elder Abuse

For KAMALA D. HARRIS

Attorney General

Cc: Enclosure

KAMALA D. HARRIS

Attorney General

State of California

DEPARTMENT OF JUSTICE

PUBLIC INQUIRY UNIT

P.O. BOX 944255

SACRAMENTO, CA 94244-2550

(916)322-3360

TOLL FREE: (800)952-5225

TTY; CA Relay Service

(800) 735-2922

March 16, 2012

PIU:331177

Mr. Michael Long

P.O. Box *****

York, SC 29745-2608

Dear Mr. Long:

Thank you for your correspondence to the Office of the Attorney General regarding a conservator, guardian, or trustee.

We regret that we are unable to assist you, as this matter falls outside of our jurisdiction. Conservators, guardians and trustees are appointed by the Superior Court of the county where the person or estate is located. The court may remove a conservator, guardian, or trustee who is not doing the job properly, and then appoint a new conservator, guardian, or trustee. The ward or conservatee, or any of his or her relatives or Meads, may petition the court to remove and replace the conservator. The petition must state facts showing cause for removal.

Your complaint about the judge(s) involved in this case should be directed to the Commission on Judicial Performance. The Commission has exclusive jurisdiction over complaints against judges. You may contact the Commission as follows:

Commission on Judicial Performance

455 Golden Gate Avenue, Suite 14400

San Francisco, CA 94102

Telephone: (415)557-1200

Fax: (415)557-1266

Internet: http://cjp.ca.gov

If you wish to pursue this matter, we recommend that you consult a private attorney. An attorney would directly represent your interests and is the one whose advice would be most helpful to you.

Sincerely,

T. Maggio (sp)

Public inquiry Unit

For KAMALA D. HARRIS

Attorney General

Every single agency on all levels within these United States of America has passed the buck.

There should be a letter or letters in the various files in your offices and others early on from US Sen. Lindsey Graham, SC on my behalf.

My only option is to keep on blogging.

My grandfather is dead, you people need to get off your asses!

Los Angeles County Superior Court

BP099211, BP122665 & BP118616

http://www.lasuperiorcourt.org/civilcasesummary/index.asp

Spirit of Discernment vs Dept. of Injustice

I received your letter dated 23 March 2012

If someone takes all of an elders assets [$308,000.00] and places the elder victim in a convalescent hospital, signs them up for Medi-Cal when they have health insurance and that elder should have had enough money to pay for their care and live like a king before they became a victim to elder abuse, financial elder abuse:

Robert L. Fuller turned in a Medi-Cal application to Pacific Palms Convalescent Hospital on 10 August 2009.

No crime has been committed?

Got it!

Say ye, Shibboleth?

In consequence of a quarrel which long existed between Jephthah, judge of Israel, and the Ephraimites: the latter had been a stubborn, rebellious people, whom Jephthah had endeavored to subdue by lenient measures, but to no effect.

The Ephraimites, being highly incensed for not being called to fight, and share in the rich spoils of the Ammonitish war, assembled a mighty army, and passed over the river Jordan to give Jephthah battle; but he, being apprised of their approach, called together the men of Gilead, and gave them battle, and put them to flight; and, to make his victory more complete, he ordered guards to be placed on the different passes on the banks of the river Jordan, and commanded, if the Ephraimites passed that way, Say ye Shibboleth; but they, being of a different tribe, could not frame to pronounce it aright, and pronounced it Sibboleth; which trifling defect proved them to be spies, and cost them their lives; and there fell at that time, at the different passes on the banks of the river Jordan, forty and two thousand [the amount Doris A. Fuller turned down].

Trayvon Martin did not live to be 92 years old.

Trayvon Martin will never be the victim of elder abuse.

The attentive ear hears ...

Hail! Mary!

All full of grace ...

Only One

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County of Los Angeles, Grand Jury

06 April 2010

CERTIFIED MAIL, RETURN RECEIPT

7008 3230 0001 7283 9492

Clara Shortridge Foltz, Criminal Justice Center

County of Los Angeles, Civil Grand Jury

210 W. Temple Street, 11th Floor, Room 11-506

Los Angeles, CA 90012

FINAL REPORT 2008-2009 CIVIL GRAND JURY

http://grandjury.co.la.ca.us/gjury08-09/MasterDocument2009-06-07.pdf

See:

ON THE HORIZON: THE SENIOR TSUNAMI

An Investigation of Elder Abuse Prevention Services and Programs -- 291

Re: Mrs. Edwina J. Fuller 08/20/1917

Mr. Thelsey L. Fuller 06/03/1917 - 08/26/09

California Welfare and Institutions Code Section 15610.07 defines “abuse of an elder or dependent adult” as either of the following: (a) physical abuse, neglect, financial abuse, abandonment, isolation, abduction or other treatment with resulting physical harm or pain or mental suffering; or (b) the deprivation by a care custodian of goods or services necessary to avoid physical harm or mental suffering

PENAL CODE SECTION 11174.4-11174.9

PENAL CODE SECTION 13820-13825

PENAL CODE SECTION 11160-11163.6

PENAL CODE SECTION 142-181

After reading over your report indicated above “An Investigation of Elder Abuse Prevention Services and Programs”, It is no wonder I am unable to get justice for my 92-year-old grandparents.

I submit the enclosed computer disc.

I pray that the Grand Jury can review and then pass on to those agencies responsible for the prevention, investigation and prosecution of elder abuse, financial elder abuse the information provided on the disc.

So, that those agencies may have a real life example of what to look for in some cases of elder abuse, financial elder abuse.

That the information may be used for training purposes.

*********************************************************

28 May 2010

CERTIFIED MAIL, RETURN RECEIPT

7008 3230 0001 7283 9515

Clara Shortridge Foltz, Criminal Justice Center

County of Los Angeles, Civil Grand Jury

210 W. Temple Street, 11th Floor, Room 11-506

Los Angeles, CA 90012

COMPLAINT TO THE LOS ANGELES COUNTY CIVIL GRAND JURY, DATED APRIL 6, 2010

Mrs. Edwina J. Fuller 08/20/1917

Mr. Thelsey L. Fuller 06/03/1917 - 08/26/2009

Honorable Civil Grand Jury,

Please find enclosed a second computer disc containing the banking statements [Citibank] of Mr. Thelsey L. Fuller from late 2007 – December 2009.

Everything appears to be in order up to the point where he gave a Power of Attorney to Robert L. Fuller and Doris A. Stewart (Fuller) and which appears to have been given over to Citibank in May of 2008. After which time $308,000.00 [three hundred eight thousand dollars] was removed from his account.

My grandfather also had(s) an account with Wells Fargo, which was verbally confirmed by Robert L. Fuller in a telephone conversation on 27 May 2010.

Also, there is a discrepancy as to what happened to Mr. Thelsey L. Fuller’s social security checks the last year of his life.

It must be noted that my grandparents never divorced as my grandfather knew that he would be forced to financially settle with my grandmother, Mrs. Edwina J. Fuller, his wife.

Should the Grand Jury have any questions feel free to contact me at any time.

Crimes Against Elders

PENAL CODE SECTION 368-368.5 -- CRIMES AGAINST ELDERS

PENAL CODE SECTION 186.11-186.12 -- FRAUD

PENAL CODE SECTION 236-237 -- FALSE IMPRISONMENT

PENAL CODE SECTION 30-33 -- PRINCIPALS & ACCESSORIES

Then it hit me.

The people are old and folks just figure that they're useless. Oh, except for their money and property I mean. You'd get in bigger trouble if you took one of your dogs and wounded him, kicked him, isolated him and let him die. It would make the papers and people would hate you. But, in the case of your grandpa and my cousin, they were wounded, broken, abused, neglected, isolated and left to die, and that's ok, because they were old. The abuser's in my cousin's case still have jobs are responsible for other people's loved one's now. I have to "understand" that if we take this to court, the defendants will argue that she was incapacitated anyway and somewhat uncooperative with her treatment. You mean, she didn't want to "cooperate" being locked in a rehab room alone for 10 hours? Or, she didn't want to cooperate so she was allowed to fall and shatter her hip and then put to bed in excrutiating pain for the next 3-4 days? No witnesses? Oh, well that's right, since she had dementia she couldn't tell us what happened, so it MUST have been an accident both times. Yeah,,,

August 10, 2011 9:31 AM

Some folks just don't get it!

The gloves are off, I've fought the good fight, I have nothing and no one to fear ... that's why I posted the latest letter from the Office of the California AG in it's entirety.

They must have decided that it is easier to side step the issues that I have raised over and over and over, then went onto a whole different subject.

Yep, they sure know how to make someone feel like they are wasting their time. I'm just about done, I've been waited out. I was warned that nothing was going to happen to the abusers.

Click on images.

California Penal Code Section 487(a) [Grand Theft]

487.  Grand theft is theft committed in any of the following cases:    (a) When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b). 

California Penal Code, Section 368 [crimes against elders]

California Penal Code, Section 368

• (a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf.
• (b)
  • (1) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult, with knowledge that he or she is an elder or a dependent adult, to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison for two, three, or four years.
  • (2) If in the commission of an offense described in paragraph (1), the victim suffers great bodily injury, as defined in subdivision (e) of Section 12022.7, the defendant shall receive an additional term in the state prison as follows:
    • (A) Three years if the victim is under 70 years of age.
    • (B) Five years if the victim is 70 years of age or older.
  • (3) If in the commission of an offense described in paragraph (1), the defendant proximately causes the death of the victim, the defendant shall receive an additional term in the state prison as follows:
    • (A) Five years if the victim is under 70 years of age.
    • (B) Seven years if the victim is 70 years of age or older.
• (c) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult, with knowledge that he or she is an elder or a dependent adult, to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor.
• (d) Any person who is not a caretaker who violates any provision of law proscribing theft or embezzlement, with respect to the property of an elder or dependent adult, and who knows or reasonably should know that the victim is an elder or dependent adult, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison for two, three, or four years, when the money, labor, or real or personal property taken is of a value exceeding four hundred dollars ($400); and by a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the money, labor, or real or personal property taken is of a value not exceeding four hundred dollars ($400).
• (e) Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft or embezzlement, with respect to the property of that elder or dependent adult, is punishable by imprisonment in a county jail not exceeding one year, or in the state prison for two, three, or four years when the money, labor, or real or personal property taken is of a value exceeding four hundred dollars ($400), and by a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, when the money, labor, or real or personal property taken is of a value not exceeding four hundred dollars ($400).
• (f) Any person who commits the false imprisonment of an elder or dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment in the state prison for two, three, or four years.
• (g) As used in this section, "elder" means any person who is 65 years of age or older.
• (h) As used in this section, "dependent adult" means any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. "Dependent adult" includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
• (i) As used in this section, "caretaker" means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult.
• (j) Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for any single offense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for any single offense.

This is what Daddy looked like ...

Thirty days after Robert, Doris & Lak had him sign off on their paper work.

Hmm?

http://ag.ca.gov/bmfea/pdfs/citizens_guide.pdf

98 Year Old Mother Almost Evicted By 71 Year Old Son

After Backlash, Man Evicting 98-Year-Old Mother Relents

The Connecticut man who famously served an eviction notice to his mother on her 98th birthday has withdrawn the lawsuit a day before its scheduled court trial, allowing her to remain in the home where she has been living for almost 60 years.