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International Allocation and Mail-based Artifice Schemes

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Many frauds targeting the aged in the United States appear overseas.  Combatting such schemes generally requires aing accord with our all-embracing partners.  To this end, we are committed to accretion our assurance with law administration agencies in the countries in which abounding of these frauds originate.

As a key basic of these efforts, the administration co-chairs the All-embracing Mass-Marketing Artifice Alive Group.  This accumulation includes the FBI, as able-bodied as added U.S. analytic and authoritative agencies, such as the FTC, USPIS, U.S. Secret Service, and ICE-HSI.  It additionally includes law administration and authoritative cadre from Australia, Belgium, Canada, the Netherlands, Nigeria, Norway, Spain and the United Kingdom.  The associates of the accumulation accommodated to advise on accommodating measures to advance the administration of law administration intelligence, agitate mass-marketing schemes, enhance accessible apprenticeship and blockage measures and access the capability of bent and civilian administration accomplishments directed adjoin mass-marketing fraud.

The success of such cooperation is illustrated by the contempo Dutch bulk that is now awaiting in Brooklyn.  (See www.justice.gov/opa/pr/justice-department-and-dutch-authorities-announce-simultaneous-enforcement-actions-against).  The complaint filed by the United States alleges that U.S. association accustomed counterfeit absolute mail solicitations that falsely claimed that the alone almsman had won, or would anon win, banknote or admired prizes or contrarily appear into a abundant fortune.   The almsman charge alone accelerate some money for processing fees or taxes.  Victims beatific payments through the U.S. and all-embracing mail systems to defendants that were located, endemic and operated in the Netherlands.  Through its action, the United States is gluttonous an admonition beneath the Anti-Fraud Admonition Statute to anon shut bottomward the defendants’ role in the counterfeit schemes and to assure U.S. victims from added harm.  The admonition approved by the United States would adjure the defendants from application the U.S. mail, or causing the U.S. mail to be used, to administer the counterfeit solicitations or to aggregate victim payments, and from diplomacy lists of American victims who accept responded to the solicitations.  If granted, a abiding admonition would acquiesce the USPIS to ambush mail annex to the defendants and acknowledgment that mail—along with any money actuality beatific to the defendants—to U.S. victims.

At the aforementioned time that the administration took its administration action in this matter, Dutch law administration agents accomplished chase warrants at the business abode acclimated by the Dutch companies and the home abode of the alone defendant.  The Dutch authorities additionally took ascendancy of the Dutch column appointment boxes acclimated by the defendants to accept victim funds.  The accommodating U.S. and Dutch administration accomplishments seek to anon anticipate the defendants from benefitting from their arrangement and appropriately to shut bottomward their continuing efforts to bamboozle the elderly.

Another archetype of the department’s alive efforts to action ancient banking corruption is its acknowledged action to shut bottomward a ample calibration “psychic” mail artifice scheme.  In an adapted complaint filed in November 2015, the United States declared that assertive defendants operated a mail artifice arrangement in which they beatific belletrist through the U.S. mail to American consumers, purporting to be accounting by psychics claiming that they had a specific, alone eyes or analytic annual absolute that the almsman of the letter had the befalling to accomplish abundant wealth, including acceptable millions in the lottery.  The solicitations apprenticed victims to acquirement assorted accessories and casework to ensure that their predicted acceptable affluence would appear to pass.  In reality, the solicitations were identical, banal anatomy belletrist beatific every ages to tens of bags of recipients throughout the United States.  Many of the citizens who accustomed the solicitations were accessible victims, including the financially desperate, the aged and the infirm.  Over one actor alone victims were defrauded out of over $180 actor by this scheme. 

As a aftereffect of the department’s efforts, in May 2016, the U.S. Commune Cloister for the Eastern Commune of New York entered a accord decree that assuredly barred eight individuals and entities from operating this analytic mail artifice scheme.  In particular, the accord decree barred the defendants from application the U.S. mail to administer any advertisements, solicitations or promotional abstracts on annual of any psychics, clairvoyants or astrologers.  Moreover, the accord decree allowable the defendants from application the U.S. mail to administer abstracts apery that casework or items offered for acquirement would access the recipient’s allowance of acceptable a lottery, would accompany the almsman acceptable luck or would baptize the almsman to accept an inheritance.

Other acknowledged examples of all-embracing partnerships accommodate Action Jamaican Operations Affiliated to Telemarketing, or Action JOLT.  As allotment of this project, U.S. and Jamaican law administration formed calm to action counterfeit action schemes from Jamaica bloodthirsty on aged citizens in this country.  In 2015, the department, alive with ICE-HSI and the USPIS in Miami and with the government of Jamaica, auspiciously extradited the aboriginal Jamaican aborigine to be prosecuted in this country for cabal to accomplish wire artifice in affiliation with a action scheme.  He was ultimately bedevilled in federal cloister and was bedevilled to 46 months in prison.  Moreover, back 2009, administration attorneys accept prosecuted or are prosecuting about 100 alone defendants affiliated to Jamaican-related action schemes.  The about 40 defendants who accept been bedevilled and bedevilled appropriately far accept been sentenced, collectively, to added than 145 years in prison.

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Telephone-Based Artifice Schemes

In accession to mail-based artifice schemes, the administration has pursued telemarketing schemes that targeted the elderly.  For example, a accustomed telemarketing arrangement involves the declared resale of timeshare interests.  The fraudsters, who ambition aged victims who own timeshare interests, falsely affirmation to accept buyers for victims’ timeshare interests and accurate the charge to move bound on the deals.  They accost fees from the victims of up to several thousand dollars, claiming they are for pre-paid closing costs and accompanying costs and such fees will be refunded at the time of closing.  The sales never action and the fraudsters abridged the money for their own claimed gain. 

On July 10, 2014, Peter Massimino was bedevilled for cabal to accomplish mail artifice and wire artifice in affiliation with a arrangement to bamboozle aged individuals who endemic timeshares.  The U.S. Attorney’s Appointment for the Southern Commune of Illinois, alive with board from the FTC and the USPIS acclimated the Chief Citizens Adjoin Business Scams (SCAMS Act) – which requires courts to book defendants to an added bristles years’ imprisonment for telemarketing-related crimes adjoin victims over the age of 55. 

Specifically, Massimino solicited fees (purported to be pre-paid closing costs and accompanying expenses, some of which would be alternate at closing) from the victims of up to several thousand dollars and claimed that he would use business firms to acquaint the timeshares.  The sales did not booty place, closings were not appointed as claimed and Massimino did not advertise any of the victims’ timeshare interests as promised. 

While this case complex one actor and 68 victims, the bulk was allotment of a multiple-victim timeshare resale betray operating from Florida that led to the corruption of 25,500 bodies and absolute losses of $35 million.  Massimino was ultimately bedevilled and bedevilled in July 2014 to 87 months in prison.

More recently, on Feb. 2, the U.S. Attorney’s Appointment for the Northern Commune of Illinois formed carefully with board from the FTC and USPIS to auspiciously arraign Gilbert Freeman for a timeshare arrangement in which the majority of victims were elderly.  Freeman defrauded added than 1,400 owners out of $4.8 actor by falsely able that he would advertise their Mexico timeshares to accumulated buyers.  Freeman and others calm payments from the owners for apocryphal fees and taxes that he claimed were adapted to complete Mexican absolute acreage deals and that he promised would be refunded aloft closing.  In reality, Freeman had no ambition of diplomacy the timeshares or reimbursing the owners.  Freeman was bedevilled to 20 years in bastille for his role in this scheme. 

Embezzlement and Ponzi Schemes

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While combatting beyond calibration all-embracing and calm artifice schemes targeting the elderly, the administration has prosecuted those who accept abused their fiduciary responsibilities to accomplishment the elderly.  

For example, in April, the U.S. Attorney’s Appointment for the Northern Commune of California answerable a Santa Clara allowance agent with mail and wire artifice in affiliation with an declared attack to abduct added than $1 actor dollars from a applicant widow’s assurance account.  The allegation alleges that although the actor had a fiduciary assignment to administer and baby-sit his client’s account, he allegedly withdrew about $1.5 actor from that annual and deposited it into an annual that he controlled and acclimated for his own claimed benefit.  See www.justice.gov/‌usaousao-ndca/pr/santa-clara-insurance-broker-charged-wire-fraud-and-mail-fraud-alleged-theft-widow-s.

Likewise, in February 2015, in the Commune of Maryland, Travis Wetzel, a annex operations administrator for an advance advising firm, was bedevilled to 42 months in bastille for embezzling over $1 actor from an aged client’s accomplishment account.  Over a two-year period, as a FBI analysis revealed, Wetzel took money from his client’s annual after the client’s adeptness and acclimated the money for his own claimed benefit.  He additionally apple-pie a allocation of the money by appointment it to added coffer accounts he controlled.  Wetzel knew his applicant was aged and was able to again abstract the funds due to his client’s age and concrete condition.  In particular, the victim was abandoned and potentially adversity from cerebral impairments.  In accession to incarceration, the cloister additionally ordered Wetzel to cost and pay amends of $1,282,224.

Additionally, in January 2015, in the Middle Commune of Florida, Donald Ray Babb and Ralph Victor Ruth were bedevilled to 121 months in bastille for their role in a arrangement to bamboozle aged investors from 2006 to 2013 out of $18 million.  In that matter, an FBI analysis appear that Babb and Ruth falsely represented that their businesses were accountant banking institutions whose deposits were insured by the FDIC.  They advertised certain certificates of drop (CD) advance opportunities which yielded aerial ante of return.  However, neither Babb nor Ruth anytime purchased a CD for an investor.  Instead, they acclimated the money to accomplish payments to beforehand investors in the scheme, and to acquirement absolute acreage and added affluence items for themselves.  As a allotment of their sentences, the cloister additionally ordered the damage of their interests in assorted pieces of absolute property, which were traceable to gain of the offense, and amends in the bulk of $9.7 million.

Tracking Banking Artifice Schemes

The administration is demography a cardinal of accomplish to both highlight its efforts to the accessible and to ster efforts to clue ancient banking artifice nationwide.  With attention to bigger tracking of its prosecutorial activity, the administration has taken accomplish to aggregate columnist releases issued by the administration and the U.S. Attorneys’ Offices apropos federal accomplishments adjoin ancient artifice corruption and to affectation that advice on the Ancient Amends Website.  Those columnist releases can currently be begin at https://www.justice.gov/elderjustice/press.

In adjustment to advance a added absolute and adapted account of evolving ancient banking artifice and scams nationwide, the department’s Civilian Division is alive carefully with the FTC to advance its Customer Sentinel Network (CSN).  The CSN is a defended online database of millions of customer complaints accessible alone to law enforcement.  In accession to accepting complaints from the FTC, the CSN includes complaints from accompaniment customer diplomacy agencies, accompaniment Attorneys General, the Customer Banking Protection Bureau, the Internet Crime Complaint Center, Bigger Business Bureaus, MoneyGram and Western Union.  Moreover, the CSN accepts complaints on a advanced ambit of issues, including character theft, debt collection, acclaim reports, mortgage abetment scams, Do Not Call violations, actor scams, blast and adaptable services, prizes and sweepstakes, Internet services, job scams, privacy/data security, auto-related scams and a array of added frauds.

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Although the CSN is the best able-bodied athenaeum of scam-related data, to date, CSN has had bound adeptness to acquaint users of echo offenders or offenders targeting aged victims.  As such, the administration has been acceptable the FTC to apparatus improvements to the CSN in adjustment to advice analyze those bad actors and types of crimes added easily.  The adapted CSN will bigger acquiesce users to analyze frauds targeting the aged in a abode that should enhance the adeptness of investigators, prosecutors and civilian administration attorneys at the federal, accompaniment and bounded levels to stop them added quickly.  At the aforementioned time, the administration is currently alive with several federal agencies to advance a adeptness locator to advice absolute victims to accessible federal assets and complainants to the adapted federal bureau to abode allegations of banking abuse.  By authoritative this adeptness locator accessible to the public, the administration hopes to approach complaints to the appropriate place, including the FTC’s CSN, and hopefully accommodate as absolute a appearance as accessible of ancient banking corruption on the federal level.   

Failure of Affliction Cases

In accession to the banking betray cases declared above, the administration has additionally committed cogent assets to advancing nursing homes that bootless to accommodate Medicare and Medicaid beneficiaries with the bloom affliction casework to which they were advantaged and for which those programs paid.  In May 2015, for example, the administration bound a bulk adjoin the owners and operators of two nursing homes in Watsonville, California.  In that matter, the administration declared in its complaint that, amid 2007 and 2012, the nursing accessories agilely overmedicated aged and accessible residents, thereby causing infection, sepsis, malnutrition, dehydration, falls, fractures, burden ulcers and for some residents, abortive death.  In accession to advantageous $3.8 million, the accessories entered into a five-year Accumulated Integrity Agreement (CIA) with the Appointment of Inspector General of the Administration of Bloom and Human Casework (HHS/OIG).  

Similarly, in October 2014, the administration accomplished a $38 actor adjustment with Extendicare Bloom Services, one of the nation’s bigger nursing home chains, to dness False Claims Act allegations that the aggregation had billed Medicare and Medicaid for grossly abominable services.  The administration led that civic analysis and formed carefully with Medicaid Artifice Ascendancy Units and HHS-OIG, which adjourned a five-year CIA with that chain. 

Finally, a bent case in my own commune bankrupt new arena in 2012 by auspiciously convicting a nursing home abettor of bent bloom affliction artifice on a “failure of care” theory.  This defendant, George Houser, accustomed $32.9 actor in Medicare and Medicaid funds while the operation of his three nursing homes apparent a continued appellation arrangement and convenance of atrocious alive altitude for the residents—who generally went after food, medical affliction and added bare services.  Indeed, the adjudicator at sentencing declared the altitude at the nursing home as “barbaric, atrocious and uncivilized,” and bedevilled Houser to 20 years in prison.

Building off this archetypal of federal-state coordination, on March 30, the administration launched 10 bounded Ancient Amends Task Forces.  These multidisciplinary teams, which were called primarily based on their adeptness on nursing home cases, will accompany calm federal, accompaniment and bounded prosecutors, law enforcement, victim account agencies and others in adjustment to added bound and finer advocate adjoin nursing homes that are declining to accommodated their obligations.  In accession to my appointment in Atlanta, Ancient Amends Task Forces were launched in the Northern Commune of California, Northern Commune of Georgia, Northern Commune of Iowa, Commune of Kansas, Western Commune of Kentucky, Commune of Maryland, Southern Commune of Ohio, Eastern Commune of Pennsylvania, Middle Commune of Tennessee and the Western Commune of Washington.

In accession to absorption on nursing home cases, Ancient Amends Task Forces will accompany allegations of ancient banking corruption and other, accompanying ancient issues that may appear aural the corresponding districts.  The Ancient Amends Task Force for the Northern Commune of Iowa, for example, will be continuing to action ancient banking fraud, like action and sweepstakes scams, as able-bodied as investigating allegations of nursing home accouterment grossly abominable affliction to their residents.  See https://www.kcrg.com/content/news/Elder-Justice-Task-Force-formed-to-protect-elderly-Iowans-from-financial-fraud-383662701.html[external link].

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Training, Beat and Deterrence

While advancing ancient banking corruption cases that abatement aural its jurisdiction, the administration has adherent cogent assets to training and acceptable the accommodation of accompaniment and bounded prosecutors and law administration to ascertain and acknowledge to ancient banking exploitation. 

Since 2006, the Appointment on Abandon Adjoin Women (OVW) has provided admission allotment to over 60 communities through its Enhanced Training and Casework to End Corruption in Later Life Program.  Through this program, OVW has accurate the development of civic curricula for law enforcement, prosecutors and courts to enhance their adeptness to recognize, address, investigate and arraign cases of ancient abuse, carelessness and banking exploitation. 

To added enhance prosecution, the administration accustomed in 2013 the Civic Institute on Prosecuting Ancient Abuse.  This Institute puts on an accelerated four-day training that covers the capital elements of bringing an ancient corruption or banking corruption case, including alive with earlier victims, accommodation issues, alive with medical and banking evidence, charging decisions and accommodating association responses.  Back 2013, the administration has accomplished accompaniment and bounded prosecutors from 26 states and the Commune of Columbia.  In adjustment to ensure that every accompaniment has prosecutors accomplished to finer arraign ancient corruption and banking exploitation, the administration has committed to enrolling and training prosecutors from the actual 24 states by 2017.

For those prosecutors clumsy to appear the in-person training, the administration is alive with the Civic Clearinghouse on Corruption in Later Life and accompaniment and bounded prosecutors from about the country to advance a video alternation on the key elements of an ancient corruption prosecution.  This video series, which will awning accommodation alignment from investigations and charging decisions to alive with experts and earlier victims, will be fabricated accessible on the Ancient Amends Website in the abatement of this year.    

Over the accomplished decade, the administration has additionally accurate the development of civic curricula for bent amends professionals and others to enhance their adeptness to recognize, address, investigate and arraign cases of ancient abuse, neglect, and banking exploitation.  During that time, the administration has provided admission allotment to 77 communities in 37 states and the Commune of Columbia to accommodate in-person training to over 8,000 law administration admiral on ancient corruption and banking exploitation.  Because not all law administration admiral can appear these in-person training sessions, the administration has been accommodating with civic law administration organizations such as the All-embracing Association of Chiefs of Police and Civic Sheriffs’ Association to advance Internet-accessible training abstracts and assets that will be accessible to accompaniment and bounded law administration admiral nationwide.  

In accession to acknowledging the training of law administration and prosecutors, the administration has focused on acceptable the accommodation of civilian acknowledged abetment programs to abutment victims of ancient abuse.  In 2014, the department’s Appointment for Victims of Crime, in accord with the department’s Appointment for Access to Amends and the Ancient Amends Initiative, developed a alternation of free, online ancient corruption training for acknowledged casework providers.  The ancient corruption training consists of four modules, including:

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In 2015, there were added than 3,400 completions of these four online trainings, including 711 completions of the Banking Artifice and Corruption online training module.  Added recently, on June 14, the administration and the Corporation for Civic and Association Account appear the barrage of its Ancient Amends Americorps affairs to accommodate civilian acknowledged abetment and abutment to victims of ancient abuse, neglect, and banking exploitation.  This affairs will accommodate grants to abutment 300 Americorps associates over the aing two years.  AmeriCorps associates will serve added than 4,000 earlier adults anniversary year by accouterment screenings for abuse, carelessness or banking exploitation; referrals to abutment casework associated to corruption or neglect; and high-quality acknowledged services.  These Americorps associates will assignment in Alaska, California, Colorado, Florida, Georgia, Illinois, Iowa, Louisiana, Massachusetts, Montana, New York, North Carolina, Oregon, Texas, Virginia and Washington, D.C. 

Community beat is additionally an important allotment of the department’s action to action ancient abuse.  Educating seniors about how they can assure themselves helps anticipate added victimization.  Every year, the administration participates in the Rocky Mountain Artifice Acme in Denver.  This acme is a collaborative accomplishment amid the U.S. Attorney’s Office, the AARP, the SEC, the Colorado Attorney General’s Appointment and added federal, state, and bounded regulators beyond the Rocky Mountain region.  The summit, which is generally captivated at an assisted alive facility, consists of alternate presentations about advance frauds that ambition our communities, including our chief communities. 

While investigating and prosecuting affairs such as those I accept discussed is one basic of an able action to action ancient fraud, preventing these crimes from accident at all is analogously a priority.  To this end, the administration hosts association beat contest beyond the country.  For example, in April 2015, during Civic Crime Victims’ Rights Week, the U.S. Attorney’s Appointment for the Commune of Minnesota partnered with assisted alive accessories in St. Paul, St. Cloud and Duluth to brainwash seniors on means to assure themselves adjoin advance fraud.  The presentations a seniors about anecdotic red flags, how to abode apprehensive conduct and added tips for ambidextrous with advance fraud.  We will abide to ability out to elders in all communities to advice ensure that they are able-bodied informed.

Research to Advance Practice

The Civic Institute of Amends (NIJ), the department’s analysis and appraisal component, operates an alive analysis portfolio accompanying to ancient mistreatment.  The goals of the analysis are to advance adeptness and compassionate of ancient abuse, carelessness and corruption through science.  From 2005 to 2015, NIJ awarded added than 20 grants accretion over $9 actor that appraise assorted ancient abusage issues.  While abundant of NIJ’s ancient abusage analysis focuses on abandon and victimization, NIJ additionally has adjourned projects that analyze the factors that accord to or are associated with the banking corruption of the aged as able-bodied as the factors that advance advertisement and facilitate analysis of scams and abuse.  This includes analysis projects in the afterward areas:

Elder Amends Website

Lastly, the department’s Ancient Amends Website is a analytical allotment to its efforts to action ancient banking exploitation.   

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The administration launched the Ancient Amends Website (www.usdoj.gov/elderjustice) in September 2014.  The website is a “one-stop shop” for prosecutors, researchers, practitioners, victims and families attractive for assets to identify, abode and arraign ancient corruption and banking exploitation, including accustomed artifice schemes perpetrated adjoin seniors.  For prosecutors, the Ancient Amends Website identifies accordant accompaniment laws and provides sample abstracts and pleadings (e.g.,indictments, civilian complaints, and balloon pleadings).  For ancient corruption advisers and academics, the website provides an avant-garde chase apparatus accurately advised to advice analyze accordant accessories and accurate abstract pertaining to ancient abuse, neglect, and banking exploitation.  For victims and their families, the website provides a abundance of information, including an alternate map which allows users to analyze abeyant added assets and abetment by zip code. 

With attention to ancient banking exploitation, the website contains advice on area to abode ancient banking exploitation, accustomed scenarios and examples of ancient banking corruption and training resources.  Moreover, the banking corruption area of the website contains an all-encompassing altercation of what the latest analysis shows apropos ancient banking exploitation, including but not bound to victim accident factors, area it occurs and its consequences.  The administration is currently alive on a cardinal of improvements to this section, including abstracts and assets on how seniors can bigger assure themselves adjoin artifice schemes.

Excerpted from U.S. Attorney John H. Horn Delivers Testimony Before the U.S. Senate Judiciary Committee

https://lawprofessors.typepad.com/intfinlaw/2016/07/protecting-older-americans-from-financial-exploitation.html

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