29 March 2013

Widely Ignored Crime - ELDER ABUSE


The “Dirty Little Secret” of Elder Abuse

March 28, 2013 07:45:24 am
Americans aged 65 and older are the nation’s fastest growing demographic group, according to the 2010 U.S. Census.  And although crimes committed against the elderly are increasingly a matter of concern, advocates say too little is being done to address the problem.
“It’s the dirty little secret no one wants to talk about,” said Robyn Grant, public policy and advocacy director for the National Consumer Voice for Quality Long-Term Care in Washington, D.C.
“We’ve got to give it the attention that child abuse and domestic abuse are given in this country.”
In interviews with The Crime Report, experts said one of the key obstacles to dealing with the broad variety of crimes that affect the elderly—ranging from financial fraud to sexual, mental and physical abuse—is the lack of coordination between law enforcement and medical and social service professionals who work with the aged population.  
But this may be changing.
A handful of “elder abuse forensic centers” around the country are pioneering an innovative approach that brings together police, social workers, geriatricians, accountants, psychologists and others who previously tackled the issue from the separate perspectives of their fields.
“By collaborating, we can come up with strategies to really deal with the cases in a more focused way,” says Los Angeles County prosecutor Belle Chen, who supervises the elder abuse unit of the Los Angeles district attorney’s office.
Knowing what I know and seeing what happened in my own family and the response from all of the authorities responsible for responding to criminal elder abuse, criminal financial elder abuse along with the non-response of the DA's office as to combat elder abuse... it's HOGWASH!
They told us to seek a civil remedy.  

It must be noted that the abusers were ordered by the court to repay the Estate of Thelsey L. Fuller in excess of $235,000.00 of which over $107,000.00 belongs to the Estate of Edwina J. Fuller and to turn over all of the real estate and other property belonging to Thelsey L. Fuller over to the Court appointed administrator... which they have failed to perform to this day.  
But, instead Robert L. Fuller and Doris A. Fuller a.k.a. Doris Fuller Stewart have hired new attorneys [Daniel Lak must be running scared] to appeal and object.  Taking further control of the real estate, letting Thelsey's real estate to other, they have continued to disobey or comply with the orders of the Court to this day.  They have also failed to post a bond in order to appeal their judgement but, that hasn't stopped their appeal from moving forward.


Just because the victims have died – Mr.Thelsey L. Fuller and Mrs. Edwina J. Fuller – does not mean that their abusers... Robert L. Fuller, Doris A. Fuller, Daniel K. Lak  & Others should not be brought to Justice.  

As of this writing no criminal charges have been filed.



28 March 2013

Elder Abuse Convictions Upheld



Upheld Astor case convictions underscore elder abuse crime
Mar 26, 2013 2:30 PM
Anthony D. Marshall
A New York appellate court's decision today to uphold most of the 2009 conviction counts against Anthony D. Marshall, charged with defrauding his mother, the late philanthropist Brooke Astor, calls attention to a crime that's growing nationwide: financial elder abuse.

Marshall, 88, will go to jail for one to three years for stealing from his centogenarian mother's multimillion-dollar fortune at a time when she was not physically or mentally competent enough to make her own financial decisions, says a report by the New York Daily News. His lawyers argued unsuccessfully before the Manhattan Appellate Division that someone as old as Marshall should not be subject to prison.

The conviction of Francis Morrissey, an attorney working with Marshall, also was upheld. Morrissey was found guilty of forging Astor's name on a fake will.

Sadly, for every successfully argued case, many other situations involving financial exploitation of elders don't get reported, much less prosecuted. And law-enforcement officials and adult protective services experts say the crime is growing in frequency. In a recent Consumer Reports investigation of financial elder abuse, we discovered a multitude reasons for the tragedy. Often, older people are often ashamed or in denial. Sometimes they are afraid to turn in the perpetrators for fear of retribution. Or, they may not even realize what's being done to them. Saddest of all--and often very hard to identify--are cases in which the person committing the crime is a family member, like Marshall.

Read more: Elder Abuse Conviction Upheld

Siblings Robert L. Fuller and Doris A. Fuller a.k.a. Doris Fuller Stewart, their attorney Daniel K. Lak are still at large.



25 March 2013

Daniel Kristof is a singer



"Chicks dig me, because I seldom wear underwear.  And, when I do it's usually something, unusual...  My name is Daniel Kristof Lak."

http://members.calbar.ca.gov/fal/Member/Detail/216983

Daniel Kristof Lak - #216983

11/26/2012 - Suspended/Child & Fam Supp noncompliance Not Eligible To Practice Law

Pending case# 12-O-11263 Stipulation [PDF]
http://members.calbar.ca.gov/courtDocs/12-O-11263-2.pdf

"Who didn't I tell?"
http://benamarine.blogspot.com/2010/11/commitment-to-daddy.html

"FBI Letter"
http://benamarine.blogspot.com/2012/01/fbi-letter-re-thelsey-l-fuller.html

"Fraud, Slander of Real Estate Titles, Conspiracy"



In Memoriam
Mr. & Mrs. Thelsey Leo Fuller (Edwina)


22 March 2013

Judge Charged with Elder Abuse Resigns


East Bay Judge Charged with Elder Abuse Resigns

By Lisa Fernandez  |  Thursday, Mar 21, 2013  |  Updated 2:36 PM PDT

An Alameda County judge charged with stealing thousands of dollars from his Berkeley neighbor, selling her art, and using her garage to store his Thunderbird has resigned and agreed to never be a judge again.

Kathleen Ewins wrote in an email to NBC Bay Area on Thursday that her client, former Judge Paul Seeman, had resigned. He had a "distinguished career," she wrote and "he felt this was an appropriate action to take at this time for the good of the court."

Seeman resigned in exchange for the Commission on Judicial Performance halting its investigation into him, according to the Oakland Tribune. The newspaper reported that he had remained on the bench - and continued to receive a paycheck - while his criminal case proceeded, though he had not appeared in court since his arrest.

Seeman was charged in June 2012 with one count of elder theft and 11 counts of perjury, all felonies, as well as enhancements alleging that he stole at least $200,000. This month, the Tribune reported that the District Attorney amended its complaint, charging Seeman with 20 additional crimes, for a total of 32 counts in all.

Read more: 
http://www.nbcbayarea.com/news/local/East-Bay-Judge-Charged-with-Elder-Abuse-Resigns-199430941.html


16 March 2013

Fake "Last Will of Thelsey S. Fuller" [sic]


This is not Mr. Thelsey L. Fuller's original will... period, point blank.

It is a fabrication by Robert L. Fuller, Doris A. Fuller a.k.a. Doris Fuller Stewart and Daniel K. Lak.

Simply put, any legal workings by Daniel K. Lak on behalf of and or for Mr. Thelsey L. Fuller from May 2008 forward are fictitious and do not reflect Mr. Fuller's actual intentions but instead were used to facilitate criminal acts so that his abusers could realize a pecuniary advantage over a sickly 92-year-old man.

Going as far as to say that Mr. Thelsey L. Fuller was not married.  

Testifying in court that Thelsey was married to Odessa Gaines lying right from the start.

Knowing full well that Thelsey and Odessa maintained separate bedrooms as they had from the start of their relationship.

"1.1.  Marital Status.  I am not currently married."













The attorney that drew up Daddy's original Will which would have been put into effect circa 2003 - 2007 -- i.e.,  before Robert, Doris and Daniel K. Lak produced the counterfeit Will below and began committing their various criminal acts... that Will must be brought to the light.

My prayer is that the authorities get off their lazy asses, arrest and prosecute those that committed fraud, theft, undue influence, financial elder abuse, elder abuse and against Mr. Thelsey L. Fuller, Mrs. Edwina J. Fuller and their loved ones.

The news media could help as well by simply questioning the powers that be as to their failure to prosecute this blatant case of criminal elder abuse.

Click on images to increase their size in your browser.



Elder Abuse is a Crime


We believe that the evidence supports that Robert Lewis Fuller, Doris Aleda Fuller, Daniel Kristoff Lak et al. may have committed the following felony violations:


(1) Violation of CALIFORNIA PENAL CODE SECTION 368-368.5 Special Crimes Against Elders [Criminal Elder Abuse]

(2) Violation of CALIFORNIA PENAL CODE SECTION 487 Grand Theft

(3) Violation of CALIFORNIA PENAL CODE SECTION 506 Embezzlement

(4) Violation of CALIFORNIA PENAL CODE SECTION 118 Perjury

(5) Violation of CALIFORNIA PENAL CODE SECTION 470-483.5 Forgery, Fraud, Defraud, Corruption of Records.

(6) Violations of various other CALIFORNIA PENAL & CIVIL CODES

"Of all the illegal and illicit enterprises in the world, elder exploitation is among the safest and most profitable."


10 March 2013

Grandmother Found Dead With Maggots In Hair


A South Side woman has been charged with elderly neglect after her malnourished, bedridden (90-year-old) grandmother was discovered dead with maggots in her hair, bed sores, skin ulcers and chemical burns caused by lying in her own urine.

An autopsy conducted by the Cook County Medical Examiner’s office revealed that Cotton died of hypertension, arteriosclerosis and “elder neglect.”

Falls, 40, had power of attorney over Cotton’s matters and routinely cashed the elderly woman’s monthly disability checks...

Read more:
http://chicago.cbslocal.com/2013/03/07/grandmother-found-dead-with-maggots-in-hair-was-victim-of-elder-abuse-prosecutors/

SEE ALSO:
http://benamarine.blogspot.com/2011/08/stage-iii-stage-iv-pressure-ulcer.html

http://benamarine.blogspot.com/2012/08/case-no-bp-135381-objection-to-petition.html


07 March 2013

Special Crimes Against Elders [Criminal Elder Abuse]

PENAL CODE 
SECTION 368-368.5 



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 knows or reasonably should know that
a person is an elder or dependent adult and who, under
circumstances or conditions likely to produce great bodily harm or
death, willfully causes or permits any elder or 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 by a fine not to exceed
six thousand dollars ($6,000), or by both that fine and
imprisonment, or by imprisonment 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 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 knows or reasonably should know that a
person is an elder or dependent adult and 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 tosuffer, 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 elderor 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. A second or subsequent violation of this subdivision
is punishable bya fine not to exceed two thousand dollars ($2,000),
or byimprisonment in a county jail not to exceed one year, or by
both that fine and imprisonment.
   (d) Any person who is not a caretaker who violates any provision
of law proscribing theft, embezzlement, forgery, or fraud, or who
violates Section 530.5 proscribing identity theft, with respect to
the property or personal identifying information of an elder or a
dependent adult, and who knows or reasonably should know that the
victim is an elder or a dependent adult, is punishable as follows:
   (1) By a fine not exceeding two thousand five hundred dollars
($2,500), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment, or by a fine not exceeding
ten thousand dollars ($10,000), or by imprisonment pursuant to
subdivision (h) of Section 1170 for two, three, or four years, or by
both that fine and imprisonment, when the moneys, labor, goods,
services, or real or personal property taken or obtained is of a
value exceeding nine hundred fifty dollars ($950).
   (2) 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 moneys, labor, goods, services, or
real or personal property taken or obtained is of a value not
exceeding nine hundred fifty dollars ($950).
   (e) Any caretaker of an elder or a dependent adult who violates
any provision of law proscribing theft, embezzlement, forgery, or
fraud, or who violates Section 530.5 proscribing identity theft, with
respect to the property or personal identifying information of that
elder or dependent adult, is punishable as follows:
   (1) By a fine not exceeding two thousand five hundred dollars
($2,500), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment, or by a fine not exceeding
ten thousand dollars ($10,000), or by imprisonment pursuant to
subdivision (h) of Section 1170 for two, three, or four years, or by
both that fine and imprisonment, when the moneys, labor, goods,
services, or real or personal property taken or obtained is of a
value exceeding nine hundred fifty dollars ($950).
   (2) 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 moneys, labor, goods, services, or
real or personal property taken or obtained is of a value not
exceeding nine hundred fifty dollars ($950).
   (f) Any person who commits the false imprisonment of an elder or a
dependent adult by the use of violence, menace, fraud, or deceit is
punishable by imprisonment pursuant to subdivision (h) of Section
1170 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.
   (k) In any case in which a person is convicted of violating these
provisions, the court may require him or her to receive appropriate
counseling as a condition of probation. Any defendant ordered to be
placed in a counseling program shall be responsible for paying the
expense of his or her participation in the counseling program as
determined by the court. The court shall take into consideration the
ability of the defendant to pay, and no defendant shall be denied
probation because of his or her inability to pay.


368.5.  (a) Local law enforcement agencies and state law
enforcement agencies with jurisdiction shall have concurrent
jurisdiction to investigate elder and dependent adult abuse and all
other crimes against elder victims and victims with disabilities.
   (b) Adult protective services agencies and local long-term care
ombudsman programs also have jurisdiction within their statutory
authority to investigate elder and dependent adult abuse and
criminal neglect, and may assist local law enforcement agencies in
criminal investigations at the law enforcement agencies' request,
provided, however, that law enforcement agencies shall retain
exclusive responsibility for criminal investigations, any provision of
law to the contrary notwithstanding.



05 March 2013

87 year-old Woman dies, retirement home nurse refuses to give her CPR


'Is there anybody willing to help this lady and not let her die?': Woman dies after retirement home nurse refuses to give her CPR, saying it was 'against the home's rules'

87-year-old Lorraine Bayless had collapsed at the Glenwood Gardens retirement home and was barely breathing when the 911 call was made

A woman has died after a Californian retirement home nurse refused to give her CPR as it was “against the rules”.

An audio tape of a 911 call placed by the nurse has been released to the media, on which operator/dispatcher Tracey Halverson can be heard pleading with her to perform CPR on 87-year-old Lorraine Bayless, who had collapsed at the home and was barely breathing.

The nurse can be heard refusing to perform the emergency procedure several times, saying it was against the Bakersfield-based home’s rules to intervene and adding that she was under orders simply to await the arrival of emergency medical personnel.

Ms Halverson goes on to ask the nurse if another resident, gardener or anybody else not directly employed by the home could take the phone and listen to instructions on how to perform CPR.

She was told nobody was available.

Read more here:  Is there anybody willing to help?

Mr. Thelsey L. Fuller was under "No Others Can Contact" & "Do Not Resuscitate" orders, his abusers also refused him medical treatment for his bed sores as well.

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02 March 2013

Family Seeks Millions


Family seeks millions in Emeritus elder abuse trial



The plaintiffs' lawyer asked a jury Friday to award $3 million to $5 million for pain and suffering to the family of a woman who, they claim, incurred bedsores in an Auburn assisted living facility that contributed to her death.
Attorney Lesley Ann Clement said that Joan Boice, 82, "suffered from the neglect" of Emeritus at Emerald Hills for the 156 days she lived there before she was transferred to a nearby nursing home where she died in February 2009.
Boice's family charged in the wrongful death and elder abuse lawsuit against Seattle-based Emeritus, the largest assisted living facility in the United States, that the company's drive for profits has resulted in an understaffed, undertrained workforce that was not prepared to care for the woman.
"She wasn't just their mother," Clement told the Sacramento Superior Court jury. "She represents everyone's mother."
Read more here: 
http://www.sacbee.com/2013/03/01/5229114/sacto-911-family-seeks-millions.html

Let's Review Mr. Thelsey L. Fuller's Pressure Ulcers






01 March 2013

30 Years in Prison


Ga. woman sentenced in elder abuse, fraud case


 — A DeKalb County woman has been sentenced to 30 years in prison for crimes against the elderly.
Bobbie Ward was sentenced Monday after being found guilty of abusing six disabled, elderly people over a five-year period. Ward was charged with neglect, exploitation, false imprisonment, forgery and 13 counts of identity fraud.
DeKalb County District Attorney's officials say Ward took elderly people into her home, malnourished them and allowed them to live in squalid conditions.
Authorities say Ward took money from the victims' bank accounts and signed their names on government checks without their permission.


Read more here: http://www.macon.com/2013/02/25/2370953/ga-woman-sentenced-in-elder-abuse.html#storylink=cpy