Need advice...

[honeybee47]

Hello from North Carolina. My 78 year old, legally blind mother was recently exploited by a CNA that was hired to care for my 90 year old father. Over a period of approximately 2 to 3 months, she forged nearly $3500.00 worth of checks. It took mom some time to realize what was going on as she generally keeps a sizeable balance in her account and due to her vision problems she does not keep a register. When she realized what had happened we visited the bank and they printed out all the forged checks. The signature was plainly not my mother's and the bank told her to file a police report, which we did with the local Sheriff's Department and to fill out forgery affadavits. After all this was done, most of the money Mom lost was returned but not all of it. She also lost additional money because their home health insurance did not reimburse her for last couple of months salary paid to the CNA because the CNA lied about filing the claim forms with the insurance company. The woman that did this was not arrested or charged with any crimes even though the evidence was clearly there. There was also a letter that this woman had gave my mother a few months earlier admitting that she had taken her Visa check card and charged over $600 worth of stuff without Mom's permission. She did eventually repay that. In addition to the check forgeries, she also forged my mother's name on papers that she turned into the Department of Social Services as this woman was receiving welfare benefits. None of these crimes she committed were properly investigated. The Sheriff's department spent only about five minutes talking with my mother and an hour or more talking to the CNA. Then they said they would give the evidence to D.A.'s office but said it was Mom's word against the CNA's and they never showed the letter where she confessed to stealing from Mom in the past to the D.A. To top it off, I reported to DSS that she was committing welfare fraud and not only did they not do anything about it or stop her from receiving these benefits they told her I turned her in. I thought when you reported someone that your name was kept confidential. I would like to know if there is anywhere I can report the local Sheriff's department to as I don't think justice was served at all. This woman is free to do this to other elderly people in our area and I don't think that is right.

honeybee47

 

[BlondiePB]

Hello from North Carolina. My 78 year old, legally blind mother was recently exploited by a CNA that was hired to care for my 90 year old father. Over a period of approximately 2 to 3 months, she forged nearly $3500.00 worth of checks. It took mom some time to realize what was going on as she generally keeps a sizeable balance in her account and due to her vision problems she does not keep a register. When she realized what had happened we visited the bank and they printed out all the forged checks. The signature was plainly not my mother's and the bank told her to file a police report, which we did with the local Sheriff's Department and to fill out forgery affadavits. After all this was done, most of the money Mom lost was returned but not all of it. She also lost additional money because their home health insurance did not reimburse her for last couple of months salary paid to the CNA because the CNA lied about filing the claim forms with the insurance company. The woman that did this was not arrested or charged with any crimes even though the evidence was clearly there. There was also a letter that this woman had gave my mother a few months earlier admitting that she had taken her Visa check card and charged over $600 worth of stuff without Mom's permission. She did eventually repay that. In addition to the check forgeries, she also forged my mother's name on papers that she turned into the Department of Social Services as this woman was receiving welfare benefits. None of these crimes she committed were properly investigated. The Sheriff's department spent only about five minutes talking with my mother and an hour or more talking to the CNA. Then they said they would give the evidence to D.A.'s office but said it was Mom's word against the CNA's and they never showed the letter where she confessed to stealing from Mom in the past to the D.A. To top it off, I reported to DSS that she was committing welfare fraud and not only did they not do anything about it or stop her from receiving these benefits they told her I turned her in. I thought when you reported someone that your name was kept confidential. I would like to know if there is anywhere I can report the local Sheriff's department to as I don't think justice was served at all. This woman is free to do this to other elderly people in our area and I don't think that is right.

honeybee47

This really needs to be in the Elder Law section; however, just keep it here now for the sake of not having a duplicate post. It does take time for the DA's office to investigate on their own. Was the CNA properly licensed? Did the CNA have her own liability insurance? Was the CNA hired from an agency that is licensed and insured?

 

[JETX]

I would like to know if there is anywhere I can report the local Sheriff's department to as I don't think justice was served at all. This woman is free to do this to other elderly people in our area and I don't think that is right.

Curious.... and EXACTLY what reason did the police/sheriff give as to their refusal to present the charges to the prosecutor??
And EXACTLY what reason did the prosecutor say when you asked their office why they wouldn't accept the charge??
And EXACTLY what did the local CNA licensing folks say when you filed a complaint with them and asked to have her license investigated??

 

[honeybee47]

Re: Need Advice

This CNA was not hired through an agency. I had met this woman through a mutual acquaintance. There is alot more to this crime. I thought she would be good with my parents and there was no live-in arrangement at first. The woman did not have transportation so she asked my Mom if she AND her teenage daughter could move in to the spare bedroom. Mom agreed and they lived with my parents for over a year with my parents providing everything, including use of a vehicle for this woman's personal errands. This woman received a salary of $150 upfront plus an additional $50 for each wk. when the reimbursement checks arrived. The insurance paid $400 per week with my parents keeping the $200 a week for the added expenses of having the CNA and her daughter living there. They even bought fuel for the woman to run her personal errands. All the time, the woman continued to receive food stamps, a low rent apartment that she only stayed in occasionally and Medicaid. She lied to the DSS about her salary and forged Mom's name to the income verification forms. The reasons that the Sheriff's Department gave for not filing charges were that my Mom was committing insurance fraud by not paying the woman the whole amount the insurance company sent and that they would have to investigate Mom even though her insurance had assured Mom that she was doing nothing wrong. The detective did not even talk to the insurance agent until after she presented the case to the D.A and they decided to not file charges. I spoke with the D.A and he said he would not be able to convince 12 people on a jury that the woman did not have permission to sign Mom's name to the check. We even know for a fact that the woman has a drug problem and has served a jail sentence for obtaining a controlled substance by fraud. The only reasons I can think of that may have influenced the local authorities are that this woman is a skilled liar and she convinced them that my Mom was not in her right mind or she has some pull with the locals. She had told us once that her boyfriend and the Sheriff were cousins but I have no proof of this. I sincerely feel that this woman is a danger to society. I suspect that if Mom had not discovered what was going and fired her that she would have eventually harmed my parents. This woman is a true crime buff and always had a book about true crimes with her. I have tried the elder abuse agencies but since the woman is no longer a threat to Mom they aren't of much use. Does anyone know who to report a law enforcement agency to when that agency is not performrming their duties properly?

honeybee47

 

[CdwJava]

You can always try and report the investigating agency to the state Attorney General, but I doubt that will go anywhere in this case. If even the District Attorney does not feel there is a strong enough case, then what COULD the investigating agency have done? They don't press charges as that is the sole and absolute discretion of the DA.

This is a VERY common problem throughout the country. Hence, one of the reasons why a CNA or home care should ALWAYS be hired through a reputable, licensed and bonded service or agency.

In this case, the defense would not likely have a hard time arguing that the suspect had permission to sign the victim's signature to some documents so she "of course" gave permission to sign and pass these other checks. Since she used the check card and repaid it, an argument can be made that such use was done with permission.

While YOU may believe that it is fraud - and it probably is, a DA has to PROVE the case to 12 other people. A case that is weak is a waste of time, money and resources to bring to court. Many/most fraud and forgery cases never get to court because they can be such fuzzy things. And these srots of live-in arrangements make for very uncomfortable situations.

We investigate this kind of allegation frequently, and I would say that the vast majority of the problems come from non-affiliated home care workers (not licensed, bonded, or employed through another agency). And very rarely can the cases be brought to court. Usually the victim - the best witness - is a poor witness due to dimensia or other problems.

It is sad and tragic. And all the more reason to screen home care workers well. And, remember, you get what you pay for.

Has your mother signed an affidavit of forgery to her bank and disputed the forged checks? She might be able to recover some or all of these funds if she has done so. But, if even the bank has some questions, then it may be a real weak criminal case.

- Carl

 

[BlondiePB]

This CNA was not hired through an agency. I had met this woman through a mutual acquaintance.

Not a good mutual acquaintance.

We even know for a fact that the woman has a drug problem and has served a jail sentence for obtaining a controlled substance by fraud

And, you hired/allowed a drug user to care for your parents and then move in your parents' home?

This is a VERY common problem throughout the country. Hence, one of the reasons why a CNA or home care should ALWAYS be hired through a reputable, licensed and bonded service or agency.

Couldn't agree more on this one. It's very rare to find really good, trusted caretakers that one can hire NOT using a reputable, licensed and bonded agency. Even some of the ones that are hired through agenciey steal from the clients. The items most stolen in such instances are cash on hand, jewelry, and collectibles.

honeybee47, you stated that most of the money stolen was recovered, which was extremely fortunate. It is apparent that this CNA had either lost her license (due to drug charges) or NEVER had a license. CdwJava's response was excellent and very true given the info from your post.

 

[honeybee47]

Re: Need Advice

Actually, this woman does indeed have a CNA license. We were not aware of her drug usage at the time she was hired. Mom at first only wanted someone to cook and clean and help with Dad a few hours a week for which she would pay out of pocket. Dad's condition worsened and she needed someone more full-time so they hired her and their home health insurance covered the services. The CNA requested to move in with my parents for her own convenience and I believe now this was part of her plan to take them for a ride. I think it is truly disgusting that the local authorities have allowed this woman to remain free. My mother has no mental illness or dimentia. The first officer to take the report of the crimes the woman committed was going to arrest the woman but he couldn't locate her. She left one weekend after she and Mom went to the bank and Mom didn't have enough money left in her account to cover the woman's pay for that week. She had nearly cleaned Mom's account out, leaving less than $100 and then the woman had the gall to beg Mom for that even. When Mom asked to go inside the bank and talk with her personal banker the woman made an excuse as to why she didn't have the time for that and promised to take Mom to the bank on the following Monday. Needless to say, the woman didn't return the next week. Mom kept this to herself for that week and then confided in me and I took her to the bank where over 20 forged checks were discovered and the bank advised we call the law. As I said the first officer was going to arrest her but couldn't find her. He advised us if she came back to Mom's to treat her as if all were fine and call him. She came back the next day but he that officer wa not available and two other officers came. I explained what was up and then they talked to the CNA outside. I watched them out the window. She started pulling out the insurance forms. The officers came back in and said they had called a detective. The detective arrived, talked with Mom and me for maybe 5 minutes and then started making accusations of their being something fishy going on with the insurance payments. The detective and the CNA left and were gone for over an hour. When they returned, the detective helped this woman move her things from my Mom's, said she would talk to the D.A. in a couple of weeks. How could she possibly have presented enough evidence to the D.A. for him to decide whether or not he could make a case against the woman? They never made an effort to talk with my mother, never showed the D.A. the letter that she wrote admitting that she had taken Mom's Visa without her permission even though the letter was given to them. This case was in no way properly investigated. So if the woman scams another elderly person or God forbid, physicaly harms someone she is supposed to be looking after, then the local authorities will be responsible for they have knowledge of her actions and have failed in their duty to protect the citizens in our area from her.

honeybee47

 

[CdwJava]

I think it is truly disgusting that the local authorities have allowed this woman to remain free.

And if they arrest her, cannot prove their case ... then what? Do you really want the police going around arresting people because they just feel like it?

Sorry, I'm not willing to lose my house and career on a false arrest. And if the DA is not going to file on the evidence as presented, then probable cause for an arrest does not likely exist.

Sad, but true. Sometimes even when you KNOW someone is guilty as sin, you just can't prove it beyond a reasonable doubt.

As I said the first officer was going to arrest her but couldn't find her. He advised us if she came back to Mom's to treat her as if all were fine and call him.

He may have felt he had probable cause to make an arrest. But, since that day, even your DA has apparently said there is not enough to go to trial. Therefore, making an arrest now would be fruitless and quite possibly illegal.

The detective arrived, talked with Mom and me for maybe 5 minutes and then started making accusations of their being something fishy going on with the insurance payments.

Yeah - because half of it was going to mom when it should have been going to the CNA. If I saw that I'd be thinking insurance fraud, too.

They never made an effort to talk with my mother, never showed the D.A. the letter that she wrote admitting that she had taken Mom's Visa without her permission even though the letter was given to them. This case was in no way properly investigated.

And have you brought all of this information to the DA? If so, what was his response?

So if the woman scams another elderly person or God forbid, physicaly harms someone she is supposed to be looking after, then the local authorities will be responsible for they have knowledge of her actions and have failed in their duty to protect the citizens in our area from her.

Not true since there is no legal duty for the police to protect anyone.

We cannot make a case on every crime. And these types of crimes (which could likely have been prevented, by the way, with a little more careful screening) are very difficult to make beyond a reasonable doubt. I'd say that less than half ever get filed.



- Carl

 

[BlondiePB]

honeybee47, keep in mind that we here at this site do question posters in order to learn more of the situations. I understand how upset you are, and I do agree that these type of people that embezzle vulnerable elders need to be punished to the full extent of the law. The only thing else I'm going to add is something almost identical to one of JETX's questions regarding the CNA's license, as this CNA does need her license revoked. Present your evidence, including the drug charges to the State Licensing Bureau. I do wish you the best of luck with this situation.

Best Regards,

BlondiePB

 

[honeybee47]

Re: Need Advice

One thing I would like to clarify is that this insurance money was my parent's to do with as they pleased. This was verified by the insurance office. The CNA agreed to the amount she was receiving and understood that since she was living at my Mom's for her convenience only with Mom furnishing everything, the additional money was kept in lieu of the CNA paying room and board for her and her daughter to stay there. We told all this to the detective but the CNA lied to her and the detective never asked the insurance agent if their arrangement was proper until AFTER she presented the case to the D.A. and the decision not to prosecute was made. Doesn't any of this seem just a tad suspicious? The law protects the criminals while allowing law abiding citizens whose tax dollars pay their salaries, to be victimized.

 

[CdwJava]

We told all this to the detective but the CNA lied to her and the detective never asked the insurance agent if their arrangement was proper until AFTER she presented the case to the D.A. and the decision not to prosecute was made. Doesn't any of this seem just a tad suspicious? The law protects the criminals while allowing law abiding citizens whose tax dollars pay their salaries, to be victimized.

Chances are the decision not to prosecute was NOT made on the sole issue of the insurance money being split between mom and the CNA. There were certainly other barriers to prosecution.

But, if you think that was it, then YOU contact the DA and tell them what you have said. See if that changes the DA's mind. I doubt it, but you never know.

As I said, proving intent in these kinds of cases can be tough. There neds to be a lot of other clear circumstances to allow for the prosecution. And if the CNA had NEVER been permitted to sign mom's name, or deal with money iussues for her, then it would strengthen the criminal claim. But if she had been permitted to make withdrawals, cash checks, or even sign mom's name to anything, then the case becomes much weaker.

Bottom line is you need to talk to the DA. After that, come back and let us know what they say as to WHY they will or will not prosecute.

- Carl

 

[honeybee47]

Re: Need Advice

I have talked with the D.A. (an assistant, actually) and the reason he gave for not prosecuting the woman was that she and my mother had all these side deals. He would not go into any details about what side deals when I asked him to be more specific. I have come to the conclusion that for whatever reason, the local authorities just do not want to prosecute this woman. I remain convinced that they would have adequate evidence if they investigated the matter properly. The CNA herself reported to Social Services that her income was $75 weekly so that she could receive food stamps and medicaid. She also reported the same income to HUD to keep her low rent apartment. Then she tells the detective that she charges my mother $12 an hour and that she works 7 days a week. Those are lies that she could easily be caught in. I even reported her for welfare fraud since she was lying about her income and they too did nothing. She even told someone I know that her caseworker told her that I reported her which shoud be confidential, correct? I can only hope that no unsuspecting person falls for her con games because obviously the law is on her side and innocent people be damned.

honeybee47

 

[CdwJava]

It may SOUND easy, but having investigated a hundred or more of these things, I can tell you from experience that there is usually enough muddy water to provide a good deal of reasonable doubt. Inconsistencies are not direct proof, and are not enough to convict on their own.

While everyone may agree with you, and think she is guilty as sin, a DA is not going to waste time, money and resources to prosecute a losing case.

- Carl