Conference Puts the Spotlight on Financial Exploitation of the Elderly

Published in Pawtucket Times, October 31, 2014

In 2005, 80-year old Jane Jacques suffered her second stroke and was diagnosed with dementia. With no family living nearby, the widow’s physician determined that she could no longer live independently at home. The Department of Elderly Affairs asked the Alliance for Better Long Term Care to find Ms. Jacques a guardian. The probate court appointed Janet Mastronardi, to serve as guardian, making the East Greenwich attorney responsible for the older woman’s personal and financial well-being.

Over the next five years, Mastronardi embezzled and misappropriated approximately $130,000 from Jacques’ accounts, leaving her near penniless. An employee of lawyer noticed the financial irregularities while preparing an accounting of Jacques’ finances for the probate court and contacted the Rhode Island State Police, who conducted an investigation.

Earlier this year, Mastronardi pled guilty to her crimes of financial exploitation and although the Attorney General’s Office sought jail time, the Court ordered her to seven years, with 30 months to serve in home confinement and the remaining 54 months suspended with probation. In addition, the Court ordered her to pay full restitution to Jacques’ estate.

This case clearly illustrates the hidden problem of financial exploitation on older victims who oftentimes are unwilling to report this abuse because for fear of losing support of their family member or caregiver or future retaliation of these individuals. Simply put, this abuse occurs when deception, coercion, undue influence or misrepresentation is used, like the above example, to obtain unauthorized use of the older person’s property, money, pension book or other valuables.

But, the National Center on Elder Abuse, as well as other elder advocate organizations, has called financial exploitation of elders “the crime of the century.”

Aging advocates say there is currently reliable current data available on the precedence of financial exploitation. But, according to a 2010 survey by the Investor Protection Trust (IPT), more than seven million older Americans – one out of every five citizens over the age of 65 – already have been victimized by a financial scam. One year later, a MetLife study reported the huge impact of this problem, noting that the annual financial loss by victims of elder financial abuse is estimated to be at least $2.9 billion dollars, a 12 percent increase from the $2.6 billion estimated in 2008.

Combatting Financial Exploitation in Rhode Island

Just two days ago, the state’s Rhode Island Commission for the Safety and Care of the Elderly, brought together the Rhode Island Division of Elderly Affairs (DEA), local and state police, fire, social service agencies, and banks and other financial institutions to put the spotlight on financial exploitation

The half day event, hosted by the Rhode Island Citizens Commission for the Safety and Care of the Elderly, at the CVS Health Finance Center in Cumberland, provided over 100 attendees an in-depth look at how financial crimes cases against older persons are developed, investigated and prosecuted, as well as a discussion on best practices for financial institutions to identity financial exploitation.

Financial Exploitation a Change to Investigate

Keynote speaker, Attorney General Peter Kilmartin, stated “As striking as that figure is, government statistics estimate that financial exploitation is a highly underreported crime because many of the victims are unaware they are being duped or they are too frightened to even report this crime. Many elders rely on others they believe they can trust to handle their financial affairs, only to be robbed of their hard-earned money. In some cases, the perpetrator leaves the victim penniless. Financial exploitation of elders is one of the most challenging charges to investigate and prosecute,” said.

Recognizing the challenging factors in investigating and prosecuting elder abuse, including financial exploitation, the AG’s Office has created the Elder Abuse Unit, to handle those type of cases, says Kilmartin, noting that the specialized unit was created in recognition of the fact that the proportion of the state’s population over age 60 is dramatically increasing and will continue to do so. The Elder Abuse Unit is responsible for investigative management and prosecution of crimes involving elderly victims of abuse, neglect and financial exploitation

Since it was established in 2006, the Elder Abuse Unit has seen a steady increase in the number of cases reported and prosecuted, noted Kilmartin, adding that the Office in its first year prosecuted 65 cases of elder abuse, including physical and financial exploitation. Last year, 140 individuals were prosecuted, an increase of 115 percent in less than ten years, he says…

Kilmartin credited the dramatic increase in prosecutions to a recognition by society that financial exploitation is a crime and should be prosecuted. “Like other forms of elder abuse, financial exploitation is a complex problem and it is easy for people to have misconceptions about it. I have made it a priority to educate the public, law enforcement, healthcare professionals and the financial industry on the signs of financial exploitation and the numbers prove that increased awareness has directly led to increased reporting and prosecuting,” stated Kilmartin.

The Attorney General called on banking and financial industry to understand and know the signs of financial exploitation, as they are most likely to catch irregular transactions by perpetrators. “As many elders still regularly go to the bank, bank personnel are in a good position to notice suspicious activity and behavior,” he added.

John Clarkson, former Pawtucket Police Officer who now serves as Assistant Vice President of Security at Pawtucket Credit Union, led a presentation at the conference discussing how bank employees need to be aware of the various signs that an elder may be being exploited and ways to stop it.

“It’s unfortunate but our elders are a prime target for financial exploitation. It is important that we at Pawtucket Credit Union and at other financial institutions train our front line staff and management to identify when this is occurring, prevent it if possible, and most importantly report it immediately. When discovered we have worked closely with the Attorney General’s Office and law enforcement agencies throughout the state to have those responsible prosecuted,” Clarkson said.

Kilmartin stressed that it is equally important for family members and friends to prevent and report instances of financial exploitation. He urges, family, friends and neighbors to take note of what may be happening with older relatives or neighbors. “If anything seems suspicious, such as the person seems to be withdrawn, nervous, fearful or anxious, especially around certain people, when they have not seemed so in the past, it is important to report the matter to the appropriate authorities,” he recommends.

Abuse and self-neglect reports can be filed 24 hours a day, seven days a week, and on nights, weekends, and holidays, by calling 401-462-0555. Reports can be filed anonymously and are confidential. In filing a report of alleged abuse, you should give as much detail as possible, including the name of the elder, address, and contact information. If reporting to law enforcement, contact your police department, the Rhode Island State Police at 401-444-1000, or the Office of Attorney General at 401-274-4400.

Herb Weiss, LRI ’12, is a Pawtucket-based writer covering aging, health care and medical issues. He can be reached at hweissri@aol.com.

AARP Rhode Island Web Report Puts Spotlight on Hunger

Published December 28, 2012, Pawtucket Times

Especially during the holiday festivities this week the plight of Rhode Island’s hungry seniors in Providence’s West End Community and throughout the Ocean State, may have remained hidden to many Rhode Islanders, especially at Christmas Dinner, who gathered with families and friends to eat turkey, ham, the fixings, topped off with delicious pastries, and even pies.

But with the funding support of AARP Foundation’s Drive to End Hunger, AARP Rhode Island officially launches its Hungry in the West End investigative web report next week, to ratchet up the public’s awareness that seniors do go hungry every day in this Providence neighborhood and throughout Rhode Island’s 39 Cities and Towns.

Executive Director, Kathleen S. Connell, of AARP Rhode Island, notes that, according the USDA statistics, 67,000 Rhode Island households are considered “food insecure,” which means families do not always have the financial ability to purchase adequate food. “Nearly a quarter (24 percent) of Rhode Island households,” she adds, “receive SNAP (Food Stamp) benefits.

Targeting the West End of Providence

According to Connell, the West End of Providence is the city’s — and the state’s – most economically challenged community. The unemployment rate among its largely Hispanic population exceeds 20 percent, more than double the state average, she says.

Connell adds that hidden in the West End are the “elderly hungry,” whose “food insecurity” is reflected in the number of people who must rely on the federal SNAP program, Meals on Wheels, congregate meals sites at senior centers and neighborhood food pantries to eat.

To get the story out about Senior hunger, former journalist and now AARP Rhode Island’s Director of Communications, John Martin, worked closely with former Providence Journal reporter, Jody McPhillips to investigate and put this issue on the radar screen of the general public as well as the Rhode Island General Assembly and state policy makers.

One disturbing fact came to light during Martin and McPhillips’ interviews, is that resources to relieve hunger are “stretched thin. Federal and state funding to end hunger have not kept pace with the problem. For instance, the Rhode Island General Assembly funding for Meals on Wheels is below funding levels of four years ago, before the nation’s worst recession began.

The Web-based reports, to premiere on Friday, January 4, 2013 at http://www.aarp.org/ri, clearly showcase this daunting domestic issue. What you will see are McPhillips’s eight separate stories, added one per day, many parts of which are supplemented by links to Martin’s videos. They range from extended interviews with McPhillips’s sources, to vignettes shot on various locations, including at the Rhode Island Food Bank, with a Meals on Wheels driver, at food pantries and senior centers, and at the Sodexo family food weekend backpacks program. Also, Martin has put together an overarching video in documentary form that will be posted on the site in segments ranging from four to five minutes each.

Before next week’s premiere you can watch a video preview of this project at – the Web site listed above.

Hunger, One of America’s Biggest Domestic Issues

Connell says that “Hunger and goes hand in hand with a host of serious health consequences – including diabetes, depression, even malnutrition. These are big issues that America faces today. It’s not just a ‘senior problem,’ it’s a societal problem, too. As someone has posted on our Facebook page, senior hunger is simply a disgrace.

“One of our conclusions [noted in the Web-based reports] is that that a lot is being done to help address senior hunger. But federal and state money is not a one-sized fits all solution. For the truly isolated seniors – especially those with disabilities and health issues — well-stocked food pantries may not be a practical resource,” noted Connell.

“We think people who read and watch Hungry in the West End will reach their own conclusions about how we tackle this on a one-to-one basis. It’s a call to action for people to be more aware of senior hunger and to reach out personally to those who might need help,” says Connell.

Connell asks: “Is there someone you can check on? Can you offer someone a ride to the supermarket when you go shopping? Or offer to pick something up? Can you visit a food pantry on their behalf? Perhaps you can ask if they would like some help in signing up for Meals on Wheels or applying for SNAP.”

Connell even knows of a group in one Rhode Island community where “volunteering” means preparing an extra meal each week for someone in need.

For AARP Rhode Island’s John Martin, “I can only say it has been a privilege to become better educated about senior hunger in Rhode Island. Jody and I met scores of people making a difference. But we also saw the great need that is out there. Each step of the way, however, we kept questioning who we were missing. The sad fact is that isolated seniors – by definition – can be all but invisible. In fact, one person said that first contact with some hungry and suffering seniors is a response to a 911 call.

“A lot of talk about hunger is focused on people out of work who are trying to feed their families,” says Martin. But this project brings the issue of senior hunger to the forefront — a problem that may not change much even if the economy makes a healthy rebound, he believes.

Martin states, “It’s not as if a stronger economy means isolated seniors on fixed incomes are going to have more money to spend on utilities, prescription medicines and groceries. And it has always been true that when seniors are forced to choose among those three expenses, groceries likely will be last on the list.”

A Preview….

Aptly put, the problem seems simple but not the solutions, so says McPhillips in her first Web report.

Luz Navarro, a diabetic with part of her left foot amputated, has been on dialysis for four years. The 62-year-old former insurance agent is now housebound, living with her cat. The independently-minded Navarro, can barely stand to cook at the stove and must now rely on Meals on Wheels, delivering her lunch five times a week.

McPhillips illustrates how difficult it is for older person’s to get enough to eat. Navarro, like many of the State’s elderly who are homebound, can’t drive to get to the market, or to a food pantry when money is tight. Nor can she walk to a Senior Center to have lunch and socialize with others.

As McPhillips quipps, “while pundits debate,” Mrs. Navarro needs to eat. While some in Congress denounce the social safety net for creating a culture of dependency, others call for funding to provide food for the needy even with a huge federal deficit.

Senior Senator Jack Reed (D-RI) makes an appearance, calling for the continuation of funding to the state’s SNAP program to feed the growing number of hungry.

Also, Catherine Taylor, director of the state Division of Elderly Affairs, says she sees a future looking darker rather than brighter, for Navarro, and other homebound seniors.

In an era of shrinking budgets, it’s becoming harder to do the things necessary to help older people stay in their homes for as long as possible, admits Taylor.

She warns that federal funding for food programs may be slashed as Congress is forced to rein in the nation’s huge deficit. Food and gas price increases will hit older person’s where it hurts, in their pocket books, predicts Taylor, making it more difficult for them to purchase groceries.

Hopefully, House Speaker Gordon Fox and Senate President M. Teresa Paiva Weed, will get Taylor’s message at the conclusion of McPhillips’ fine investigative piece: “It’s up to us to picture the world we want to age in,” and to work to bring it about.”

Herb Weiss, LRI ’12 is a Pawtucket-based freelance who covers aging, health care and medical issues. He can be reached at hweissri@aol.com.