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Started By
Message
re: Nakamoto story about Council on Aging will FRAUD (video added)
Posted on 3/30/17 at 1:34 pm to terd ferguson
Posted on 3/30/17 at 1:34 pm to terd ferguson
i may have that wrong. she may not be an attorney for the organization but still, same ethical issues apply by being a member of the board
i can only imagine just sitting in my office one day and a 95 year old person comes in with some unrelated 3rd person who wants to create this elaborate scheme whereby the unrelated 3rd party gets approximately half of the estate over time. i'd have some legitimate questions to ask, affidavits to sign (that i wouldn't notarize), etc
if i'm "related" to that third party, no fricking way i touch that with a 900 foot pole. that could open yourself up to charges of a criminal conspiracy
Theft of elderly property law
i'm not an expert on this law and there may be some judicial exception for wills, but i wouldn't want to take the risk
frick. that.
potential serious ethical violation? felony? jail time?
i can only imagine just sitting in my office one day and a 95 year old person comes in with some unrelated 3rd person who wants to create this elaborate scheme whereby the unrelated 3rd party gets approximately half of the estate over time. i'd have some legitimate questions to ask, affidavits to sign (that i wouldn't notarize), etc
if i'm "related" to that third party, no fricking way i touch that with a 900 foot pole. that could open yourself up to charges of a criminal conspiracy
Theft of elderly property law
quote:
B. Theft of the assets of an aged person or disabled person is any of the following:
quote:
(3) The intentional use, consumption, conversion, management, or appropriation of an aged person's or disabled person's funds, assets, or property through the execution or attempted execution of a fraudulent or deceitful scheme designed to benefit a person other than the aged person or disabled person.
i'm not an expert on this law and there may be some judicial exception for wills, but i wouldn't want to take the risk
quote:
C.(1) Whoever commits the crime of theft of the assets of an aged person or disabled person when the value of the theft equals one thousand five hundred dollars or more may be imprisoned, with or without hard labor, for not more than ten years and shall be fined not more than three thousand dollars, or both.
frick. that.
potential serious ethical violation? felony? jail time?
1
Posted on 3/30/17 at 1:36 pm to SlowFlowPro
official government white paper on Exploitation of the Elderly
quote:
What is financial exploitation of the elderly?
quote:
“Exploitation” occurs when a person who should be helping the vulnerable adult takes advantage of his/her access and misuses the money or resources for his/her own benefit.
quote:
What are warning signs of financial exploitation?
quote:
Exploiter arranges a will or trust for his/her benefit
quote:
Having exploiter named trustee or beneficiary of the vulnerable person’s trust
This post was edited on 3/30/17 at 1:40 pm
Posted on 3/30/17 at 1:39 pm to terd ferguson
quote:
What page was that on?
I commented in there.
Posted on 3/30/17 at 1:40 pm to SlowFlowPro
Just a quick question about this. If the COA employee really wanted to help the old lady by giving the funds to the old ladies grand children in 20 years. Why wouldn't the COA just set up a trust for the funds to be disbursed in 20 years for the grand children? Seems like it would be 0 zero maintenance and would not need an executor for the estate. Am I wrong on any of that?
Posted on 3/30/17 at 1:43 pm to burgeman
quote:
Why wouldn't the COA just set up a trust for the funds to be disbursed in 20 years for the grand children?
Because then there wouldn't really be a reason for her to give herself $500/month for the next 21 years...
You will see things much more clearly if you get away from the "if this lady wanted to help" and get onboard with the "this lady used an elderly woman to get herself paid".
Posted on 3/30/17 at 1:44 pm to burgeman
i haven't seen the document but i think the "will" is really a "trust" and that's exactly what the document did, just with Tasha getting $500/month to administer the trust (why? that is the $1M question)
Posted on 3/30/17 at 1:45 pm to burgeman
quote:
Just a quick question about this. If the COA employee really wanted to help the old lady by giving the funds to the old ladies grand children in 20 years. Why wouldn't the COA just set up a trust for the funds to be disbursed in 20 years for the grand children? Seems like it would be 0 zero maintenance and would not need an executor for the estate. Am I wrong on any of that?
No. Charities and organizations help people establish estate plans all the time. Even to the point where they may suggest an attorney to draft the documents. Often the organization assisting may receive some portion of the estate to be used as a gift.
Where the line is crossed (more like leaped over) is when an agent of the organization with no familial or long-standing ties to the deceased has herself as the executrix for nearly 50% of the estate value.
Even if this elderly woman asked the COA Exec. Director to be the executrix, she should have declined because of the conflict of interest.
Posted on 3/30/17 at 1:45 pm to terd ferguson
quote:
You will see things much more clearly if you get away from the "if this lady wanted to help" and get onboard with the "this lady used an elderly woman to get herself paid".
That is what I am going with now
Posted on 3/30/17 at 1:47 pm to Golfer
quote:
Often the organization assisting may receive some portion of the estate to be used as a gift.
see i thought of this earlier. if the COA got this money, it wouldn't come off nearly as bad (although it would present its own conflict issues)
creating a personal benefit for the admin of the agency?
quote:
Even if this elderly woman asked the COA Exec. Director to be the executrix, she should have declined because of the conflict of interest.
and the board member-attorney who drafted and notarized the document should have advised both of this painfully obvious conflict
Posted on 3/30/17 at 1:55 pm to SlowFlowPro
This woman is going to get double the amount of money that the actual manager of the funds would get. I get around 1% per year on trust assets. She's getting 2% per year on the $300,000 figure.
Buttttt 2% isn't a wildly astronomical fee. I just don't believe that she's the one that should get this fee. I can't think of a worse way to do this than set it up behind the backs of the family.
Don't downvote me. I'm on your side here. This woman did wrong. Big time wrong.
Buttttt 2% isn't a wildly astronomical fee. I just don't believe that she's the one that should get this fee. I can't think of a worse way to do this than set it up behind the backs of the family.
Don't downvote me. I'm on your side here. This woman did wrong. Big time wrong.
Posted on 3/30/17 at 1:58 pm to Broke
quote:
I get around 1% per year on trust assets.
Correct. But you're managing a trust (investing, disbursements, annual statements, etc.). She's just waiting until the youngest heir turns 30 to give them the remainder of it.
Posted on 3/30/17 at 2:04 pm to Broke
quote:
Buttttt 2% isn't a wildly astronomical fee
for just parsing out money of a trust in equal increments over time? i need to get into the estate-executor industry
off to the SWLA COA i go!
Posted on 3/30/17 at 2:10 pm to SlowFlowPro
Pretty sure that was their idea too. Just take a little bit here and there and not raise any eyebrows.
Staywoke BR
Staywoke BR
Posted on 3/30/17 at 2:18 pm to mikelbr
quote:
Pretty sure that was their idea too. Just take a little bit here and there and not raise any eyebrows.
I'm thinking this is happening with other folks as well and the attorney is getting a taste of the action.
No way she exposes herself like that without being monetarily involved in the scam.
Posted on 3/30/17 at 2:19 pm to skullhawk
quote:
I'm thinking this is happening with other folks as well and the attorney is getting a taste of the action.
No way she exposes herself like that without being monetarily involved in the scam.
And I hope they all get some Federal Pound My arse Prison.
It's one thing to steal from a shitty corporate entity. But old people and their family? frick that.
Keeping the theme.
This post was edited on 3/30/17 at 2:20 pm
Posted on 3/30/17 at 2:28 pm to mikelbr
quote:
It's one thing to steal from a shitty corporate entity.
Posted on 3/30/17 at 2:30 pm to terd ferguson
There is ONE white person on this board. ONE. And fat Gravy complains about inequity? How is the lack of diversity in the office of COA and their board not inequitable? Don't be a hypocrite fat Gravy!
Please see Board Member Dr. Rani "The Hip Hop Doc" Whitfield's webpage.
The Hip Hop Doc Webpage
Please see Board Member Dr. Rani "The Hip Hop Doc" Whitfield's webpage.
The Hip Hop Doc Webpage
quote:
Just to emphasize... this Dorothy Jackson lady isn't just an attorney for the CoA. She is also a member of the board. LINK quote: Current Board Members:
Executive Committee
Dr. Brandon K. Dumas
Board Chairman
Councilwoman Donna Collins-Lewis Vice Chairman
Tasha Clark-Amar Executive Director, Ex-Officio Members ** (2016 - 2017 Fiscal Year)
Jerrie M. Booker
Terry Tyson "Ty" Bromell, II
Rev. S.C. Dixon
Glenda Gentry
Jessica Griffin
Atty. Dorothy F. Jackson
Diane Deaton
Atty. Vanessa Caston LaFleur
Rep. C. Denise Marcelle
Atty. Steven K. Schilling
Kathy Fletcher Victorian
Dr. Rani Whitfield
This post was edited on 3/30/17 at 2:32 pm
Posted on 3/30/17 at 2:35 pm to Jim Smith
It's not like she would be "managing" a large and complex trust. Frankly, I'm sure that they talked the old lady into putting her retirement into a trust so they could manage it. Half of the freaking funds will go to the executrix. That's absurd and a complete waste of money.
This post was edited on 3/30/17 at 5:21 pm
Posted on 3/30/17 at 3:33 pm to Jim Smith
I bet a look at this woman's bank statements would be very interesting. I wonder how many monthly deposits she's getting from estates.
Posted on 3/30/17 at 4:14 pm to FightinTigersDammit
Yeah, I have a feeling she has been doing this for a while. It will get interesting to see how many other trusts she is getting paid through to be the executrix. One thing for certain is that getting paid $120,000 over 20 years to manage a minor $300,000 trust is just unconscionable. She is taking 1/3 of the trust to essentially do NOTHING. This is about as big of a conflict of interest as there is.
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