Some 5 million older
Americans are financially exploited each year, as scammers and even family
members target the most vulnerable
May 3, 2018 @ 11:32 am
By Bloomberg News
Marjorie Jones trusted the man who called to
tell her she'd won a sweepstakes prize, saying she could collect the winnings
once she paid the taxes and fees. After she wired the first payment, he and
other callers kept adding conditions to convince her to send more money.
As the scheme progressed, Ms. Jones, who was
legally blind and lived alone in a two-story house in Moss Bluff, La., depleted
her savings, took out a reverse mortgage and cashed in a life insurance policy.
She didn't tell her family, not even the sister who lived next door. Scammers
often push victims to keep promised winnings a secret, says an investigator who
helped unravel this sinister effort to exploit an 82-year-old woman.
Her family didn't realize something was wrong
until she started asking to borrow money, a first for a woman they admired for
her financial independence. But by then it was too late, says Angela Stancik,
one of Ms. Jones's granddaughters. Ms. Jones had lost all of her life savings —
hundreds of thousands of dollars.
About one week after calling Ms. Stancik at
the family business in Ganado, Texas, to borrow $6,000, Ms. Jones committed
suicide.
That was May 4, 2010. When family members went
to her home, they found a caller-ID list filled with numbers they didn't
recognize and three bags of wire transfer receipts in her closet. Ms. Jones had
$69 left in her bank account.
Some 5 million older Americans are financially
exploited every year by scammers like the ones who targeted Ms. Jones. The
elderly are also suffering at the hands of greedy, desperate or drug-addicted
relatives and friends, among others. The total number of victims is increasing
as baby boomers retire and their ability to manage trillions of dollars in
personal assets diminishes.
One financial services firm estimates seniors
lose as much as $36.5 billion a year. But assessments like that are
"grossly underestimated," according to a 2016 study by New York
State's Office of Children and Family Services. For every case reported to authorities,
as many as 44 are not. The study found losses in New York alone could be as
high as $1.5 billion.
Public health problem
The U.S. Centers for Disease Control and
Prevention drew attention to elder exploitation as a public health problem in a
2016 report, citing groundbreaking research two decades earlier by Mark Lachs.
Now co-chief of the Division of Geriatrics and
Palliative Medicine at Weill Cornell Medicine and New York-Presbyterian
Hospital, Mr. Lachs says elder abuse victims — including those who suffer
financial exploitation — die at a rate three times faster than those who
haven't been abused. It's a "public health crisis," he warns.
"I knew these crimes were killing
people," says Elizabeth Loewy, who directed the elder abuse unit at the
Manhattan District Attorney's Office. As her exploitation cases steadily rose
to hundreds per year, she says, "so many family members told me, 'I can't
prove it, but this killed him.'"
"How could you do that to older people
who could not protect themselves?" she said.
Bente Kongsore, a retired accountant in
Creswell, Ore., says her parents' mental and physical decline accelerated after
an assistant manager at a local bank, Susan Paiz, befriended the octogenarians
and subsequently stole $100,000 from them in 2014. To hide the theft, Ms. Paiz
pretended Ms. Kongsore's father, who had been diagnosed with Alzheimer's at age
85, gave her the money. The lie soured the last two years the couple had
together, as Ms. Kongsore's father questioned himself and his wife questioned
him.
"It was a total violation of the type of
feelings we would want to share with each other at the end of their
lives," Ms. Kongsore says.
By 2016, her mother had become bedridden,
eventually dying in June of that year. Ms. Kongsore's father died in December
2017, just weeks before Ms. Paiz was sentenced to 10 months in jail. Ms. Paiz
was caught and convicted thanks to a dogged detective in Bellevue and the King
County prosecutor's office in Seattle, which had established an elder abuse
unit in 2001.
When Ms. Kongsore saw Ms. Paiz in the
courtroom, she says she thought to herself, "How could you do that to
older people who could not protect themselves?"
Adding insult to injury, the bank where Ms.
Paiz worked, Union Bank in Bellevue, didn't return the money until Ms. Kongsore
scanned and emailed a bank investigator an incriminating letter Ms. Paiz wrote
her parents, Ms. Kongsore says. She adds that the bank still hasn't formally
apologized. Union Bank didn't immediately respond to requests for comment. Ms.
Paiz couldn't be immediately reached.
'Profoundly destructive'
Financial exploitation is "a huge problem
in the sense that it's so profoundly destructive," says Page Ulrey, a
senior deputy prosecutor who became the Seattle unit's first member. The bulk
of her cases are financial, involving victims who rarely get their money back.
"They're usually emotionally devastated as a result of having been
betrayed," she says.
In many cases, it may appear the victim gave
consent, but it's often based on manipulation or deception. Like Ms. Kongsore's
father, victims often "have some level of cognitive impairment, which
makes it really difficult for them to figure out the truth of what's going
on," Ms. Ulrey says.
As a result, many of her cases hinge on
showing incapacity. "Obviously, you have the right to give your money to
who you want, even if your family disapproves," Ms. Ulrey says. But when
you suffer from dementia, you may no longer have the ability to judge whether
another person has your best interests at heart, or to understand the
consequences of your decisions.
If an evaluation shows a victim lacks capacity
to make financial decisions, "we potentially have a stronger criminal
case," she says.
But capacity assessment by adult protective
services investigators and police is uneven across the country. "Law
enforcement doesn't have good tools to assess capacity," Ms. Ulrey says,
adding that most jurisdictions lack people who can conduct thorough
evaluations.
In 2015, Weill Cornell's Mr. Lachs coined the
term "Age-Associated Financial Vulnerability," or AAFV, to sound the
alarm. He defined it as a "pattern of imprudent financial decision-making
that begins at a late age and puts older adults at risk for material losses
that could decimate their quality of life." Financial judgment can start
to falter before normal cognition does, Mr. Lachs says, regardless of whether
the person was savvy with money when they were younger. In other words, it can
happen even when the person seems normal.
Despite the severity of the problem, the
federal government's response has been frustrating, according to practitioners
and public officials.
Fighting forest fire with water pistols
Joe Snyder, who served as director of older
adult protective services at the Philadelphia Corporation for Aging, says he's
doubtful necessary funding will arrive in his lifetime. Before he retired, he
oversaw 27 investigators with limited resources handling about 3,500 cases a
year. Mr. Snyder says it was like using water pistols to fight a forest fire.
The Elder Justice Act, the first comprehensive
legislation to address abuse of senior citizens, was enacted in 2010 but
remained unfunded until 2015 — when it was allocated only $4 million.
"Dollars appropriated since then have, in
congressional terms, been dribbling," says Marie-Therese Connolly, a
former Justice Department attorney who championed the law, working with the
Senate Special Committee on Aging. Originally, the allocation was to be closer
to $1 billion, she says.
"Financial exploitation causes large
economic losses for businesses, families, elders and government programs, and
increases reliance on federal health care programs," warned a 2014 elder
justice report Ms. Connolly helped prepare.
Three years later, a Congressional Record
Service report bemoaned a lack of progress. "As a result of this limited
federal funding, the federal government has not substantially developed and
expanded its role in addressing the prevention, detection, and treatment of
elder abuse."
"It's a fundamentally reactive
system," Ms. Connolly says. "The big story is the dearth, the
complete nonexistence, the shameful scandalous absence of any credible
prevention or intervention research."
Some progress, however, is being made. In
February, the Justice Department announced "the largest coordinated sweep
of elder fraud cases in history," charging more than 250 defendants with
schemes that caused 1 million mostly elderly Americans to lose more than $500
million. The alleged perpetrators include people who targeted Marjorie Jones,
according to one investigator.
The dragnet, which lasted one year, is part of
an ongoing effort "to detect and infiltrate these criminal organizations
that are trying to exploit the elderly," says Antoinette Bacon, a career
prosecutor who serves as the DOJ's national elder justice coordinator. Her
position was created through the Elder Justice Prevention and Prosecution Act,
a law signed by President Donald Trump in October meant to improve coordination
among federal, state and local agencies.
States, financial industry step up
States have been stepping up as well. Thirty-nine of
them and the District of Columbia addressed financial exploitation of the
elderly in last year's legislative sessions, according to the National
Conference of State Legislatures. More than half enacted legislation or adopted
resolutions.
Still, Mr. Snyder worries the federal block
grant many states rely on to pay for services that protect seniors could be cut
dramatically under President Donald J. Trump. "If that goes away, programs
will be crushed overnight."
The financial industry says it's doing more,
too. On Feb. 5, the Financial Industry Regulatory Authority Inc. put into
effect "the first uniform, national standards to protect senior
investors."
Finra now requires members to try to obtain a
trusted contact's information so they can discuss account activity. It also
permits firms to place temporary holds on disbursements if exploitation is
suspected. Ms. Loewy, who left her job as a prosecutor in 2014 to join
EverSafe, a startup that makes software to monitor suspicious account activity,
is underwhelmed by the industry projects.
"They may say they're focused on it, but
they aren't really doing much more than training employees," she says.
"Exploiters know what they're doing. They take amounts under $10,000 that
they know won't get picked up by fraud and risk folks at banks. And they steal
across institutions over time."
"We're going to come to a place where
we're seeing a lot of homeless elderly people," Ms. Loewy added.
Family members as perpetrators
The dirty little secret about elder
exploitation is that almost 60% of cases involve a perpetrator who is a family
member, according to a 2014 study by Mr. Lachs and others, an especially
fraught situation where victims are often unwilling, or unable, to seek
justice.
Such manipulation sometimes involves force or
the threat of force, says Daniel Reingold, chief executive officer of
RiverSpring Health, a nonprofit that provides care to about 18,000 seniors in
the New York City area. In 2005, he helped establish the first elder abuse
shelter in the country.
While many families don't intervene when they
suspect a family member is abusing an elderly relative, Philip Marshall did, in
a famous example of elder exploitation.
"I was a family member who acted,"
Mr. Marshall says. "And that's huge. Because people don't act. They say,
'We don't want dirty laundry out there.'"
Mr. Marshall wanted his grandmother, famed
socialite Brooke Astor, to enjoy her final years at her country home, as she
had wished. When his father, Anthony Marshall, wouldn't let her, Philip
Marshall sought guardianship, setting off a legal battle. As the fight progressed, Philip
Marshall says he discovered that his grandmother, who had been diagnosed with
Alzheimer's, was enduring various forms of neglect. It was "all in an
effort by my father to gain her money," he alleges.
The dispute culminated in his father's conviction and prison sentence in 2009 for
siphoning off millions of dollars from Ms. Astor. At first, says Philip
Marshall, "Our goal was just to stop my grandmother's isolation and
manipulation. We didn't really care about money." A separate legal
proceeding over the neglect allegations was eventually resolved.
Last year, Philip Marshall quit his job as a
professor to become a full-time advocate in the fight against elder abuse. He
gives talks to government officials and financial institutions and spends hours
speaking with strangers dealing with exploitation.
"So many times, it's family," he
says. "I don't think people realize that."
On a rainy April afternoon at the Harry and
Jeanette Weinberg Center for Elder Justice, the shelter Mr. Reingold helped
start in the Bronx, there are countless versions of Ms. Astor's story unfolding
daily, albeit for smaller sums. More than 70% of the center's clients are
victims of financial abuse, with most also suffering from emotional and physical
abuse as well.
"It's often a slow and steady and
unrelenting experience," says Joy Solomon, a former New York prosecutor
and director of the center. She says her team is seeing an increase in seniors
showing up in housing court — because they're being evicted.
"A lot have been financially exploited
and they don't even know what's happening until they get that notice," she
says.
Losing housing usually accelerates mental and
physical decline, she says.Unless we figure out how to protect the assets of
senior citizens from this epidemic, Ms. Solomon says, "we're going to come
to a place where we're seeing a lot of homeless elderly people on the
street."
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