Changes in California law will likely mean lighter sentences for those convicted of felony elder abuse and less stringent supervision after time has been served.

Before last October, many such swindlers and con artists found guilty of preying on the elderly would have served time in state prison. But as a result of a new Realignment law, such felons will now serve their time, up to six years, in county jail. Under the new rules, prison time is reserved for those found guilty of violent crimes, serious felonies or sex offenses.

Those convicted of elder abuse and other crimes not in the above categories may split their “local prison” commitment into actual time in custody and mandatory supervision. Or, they could conceivably serve all their time in jail and be released with no supervision at all.

Previously, many defendants released from prison were put on parole. Now, these lower-grade felons will probably be supervised by the county Probation Department – if supervision is part of their sentences.

These significant changes are in their infancy, and the future landscape of criminal prosecution remains to be seen.

Realignment also will affect prosecution of crimes against the elderly. Violent crimes against seniors will still carry possible state prison terms. But in most cases, financial elder abuse will not carry a prison sentence. How a crime is charged will now take on added significance, since it could mean the difference between serving time in prison or at a local jail.

Not all the news relating to elder abuse prosecution has been bad.

Assembly Bill 354, which took effect in January, makes anyone convicted of elder or dependent adult financial abuse liable for restitution of twice the value of property stolen.

And, despite Realignment, a major financial elder abuse case in Tuolumne County recently resulted in a state prison term. The case involved theft of more than $125,000 from a local woman’s account by the bank’s assistant manager. The thefts took place over 15 months, during which the employee withdrew about $85,000 illegally in the victim’s name.

The employee then closed the account, and wrote a series of ever-decreasing cashier’s checks to the victim’s name accompanied by larger cash withdrawals until the entire account was drained.  Needless to say, these cashier’s checks and cash never made it to the victim. Her daughter discovered the theft when she visited Tuolumne County to put her mother’s financial affairs in order.

The defendant was charged with various crimes, including financial elder abuse, identity theft and forgery. She was also charged with an enhancement under the White Collar Crime Statute, which requires those found guilty of stealing larger amounts of money to serve more time in prison (or, under Realignment, more jail time).

The defendant was convicted and sentenced to six years in state prison. It should be noted that the bank involved was very helpful in assisting with prosecution, and reimbursed the victim for all the stolen money.

But there’s an important lesson here: Be vigilant with your money, or your loved one’s money, no matter where it is.

Hovatter is a deputy district attorney for Tuolumne County.

© 2012 Friends and Neighbors Magazine

This simple statistic tells me that the number of potential victims of elder abuse will skyrocket in the next decade – just as dire financial issues combine to hinder law enforcement and put more criminals out on the streets. Laws need to be tougher on those who target seniors, and seniors themselves need to be more vigilant.

Scam alert: Seniors should be aware of phone calls, purporting to be from a relative (often a grandchild) asking them to send money to help with some urgent legal problem such as bail or attorney’s fees. The call usually comes from out-of-state or overseas, and includes a request for the senior not to inform the caller’s mother or father.

The “relative” usually requests the money be sent via money gram (again, to an out-of-state or overseas location), and time is always of the essence. FBI offices in Northern California field hundreds of calls each month from victims of this scam. Apart from the difficulty in finding and prosecuting perpetrators, it should be noted that if the loss is under $10,000, nothing is ever done by authorities.

Apart from the obvious financial loss and the nearly impossible hope for restitution in these cases, there are other possible consequences. The victims are faced with reporting the crime and facing scrutiny of their mental capacity by relatives or county agencies, or staying silent and living with their loss (and I believe the latter is the most common approach).

What about the actual relative whose identity was used to scam the senior? Other family members often blame that person for destroying the senior’s finances, and family tension can spiral. The lesson here is don’t act hastily, and beware of any requests to keep other family “out of the loop.”

Perpetrators want the cash wired because it gets the money out of the victim’s control the quickest, so don’t wire without some confirmation of the story. One call to another family member (or calling the alleged caller on another phone number) to verify any part of a scam story can save the potential victim thousands of dollars.

And finally, ask your “relative” some questions that only they would know (like in the Battle of the Bulge, during which GIs asked other soldiers who had won the World Series that year, to ferret out enemy soldiers in U.S. uniforms). If they don’t know, hang up.

Convicted: A local jury recently returned guilty verdicts against a Tuolumne County woman who gained control over her 88-year-old grandmother’s finances. The woman drained the victim’s savings account, stole thousands from her checking account, and racked up more than $6,000 on a credit card in the victim’s name.

The defendant was convicted of financial elder abuse, identity theft, forgery and numerous counts of commercial burglary. She was sentenced to five years’ felony probation, fines, and one year in county jail. Restitution will be fought over at a later date. The victim has since passed away.

Eric Hovatter is a deputy district attorney with the Tuolumne County District Attorney’s office.

© 2011 Friends and Neighbors Magazine

Mickey Rooney, 90, recently testified before the Senate Special Committee on Aging about abuse he suffered at the hands of his own stepson. To watch the 90-year-old actor speak was both sad, humbling, and a lesson that elder abuse can happen to anyone: rich and famous, or poor and unknown.

This wake-up call comes at a time when law enforcement resources are stretched by budget constraints, and a stumbling economy has thieves out in force. The lesson is clear: It can happen to you, and you need to protect yourself or those close to you.

Some thoughts on financial elder abuse for your consideration and discussion:

Protect account access: Beware of adding a family member or friend to your bank account “for emergencies only” or “in case something happens to me.” Too often, this trusted person drains the senior’s account for personal use. Because you’ve allowed this access, prosecution in these cases can be very difficult. Bottom line: If you want a backup person who can access your funds, consult with an estate planning attorney for safe alternatives.

Helpful scam info: Look online at scamnot.org. This AT&T-sponsored site is designed to educate seniors on the dangers of elder abuse and ongoing scams, with links to local and state agencies, senior resources and a forum on the latest senior news. It is a great resource, and has forms you can fill out to get information and even inquire about a speaker for your community group.

Alarming statistics: A Cornell University survey suggests that the incidence of elder abuse and exploitation is much higher than previously thought. The study compared statistics gleaned from 4,000 random phone calls to people over 60 with the number of cases reported to law enforcement, agencies serving the aging and other authorities.

For every elder-abuse case reported to a mandated reporter such as law enforcement, financial institutions or medical personnel, there were 23.5 unreported cases. And for every case of elder financial abuse reported to authorities, 43.9 actually occurred.

Although these figures don’t necessarily apply here in Tuolumne County, this study tells me what we already know: Many elders suffer in silence because they have no one to help them, or because they fear possible consequences of reporting the abuse – such as loss of independence.

Hire with care: Now that winter is behind us, there are lots of home and lawn repairs or maintenance to be done. It’s time to get out your tools or, in the case of many elders, hire someone to do the work that they can no longer do. It is also time to beware of scammers.

A few months back, a group of men in Modesto were canvassing neighborhoods soliciting plumbing work. When they were hired they lowered water pressure or damaged the water supply, then returned days later to charge thousands of dollars from homeowners for repairs. The scheme worked on a number of victims, many of them elderly.

We have many upstanding, reputable repair people here in Tuolumne and Calaveras counties, and they do great work. But always check references, don’t contract on the spot, and ask family or trusted friends for advice if you aren’t sure what you are getting into.

Learn more: If there is an area of elder-abuse prevention you want to learn more about, please contact the Tuolumne County District Attorney’s Office (588-5450) or FAN (536-1755) and submit your idea, which I will address in a future article.

Eric Hovatter is a Deputy District Attorney for Tuolumne County.

© 2011 Friends and Neighbors