GAO INVESTIGATION REPORT

United States Government Accountability Office (GAO)  Investigates Guardianship AbuseThe following are excerpts from the report. This report is a start. Please help us get Federal oversite to the Corrupt Probate Courts in Illinois by reporting your case Senator Leahy (see our blog "How to Report Violations of the Americans with Disabilities Act").
You may request this entire report from the GAO--see instructions at bottom of this article.

There is also contact information for reporting abuse of Federal Programs, such as Social Security and VA benefits.

Report to the Chairman, Special Committee on Aging, U.S. Senate 

United States Government Accountability Office
GAO 

September 2010 GUARDIANSHIPS


Cases of Financial Exploitation, Neglect, and Abuse of Seniors GAO-10-1046 

Why GAO Did This Study 

As individuals age, some become incapable of managing their personal and financial affairs. To protect these individuals, state laws provide for court appointment of guardians, who may be professionals or family members, to protect the incapacitated person’s personal and/or financial welfare. State and local courts are responsible for overseeing guardians. In addition, federal agencies may appoint a representative payee, in some cases, the guardian, to manage federal benefits on behalf of incapacitated adults. Previous GAO reports have found that poor communication between state courts and federal agencies may allow guardians to continue abusing their victims. 

GAO was asked to (1) verify whether allegations of abuse by guardians are widespread; (2) examine the facts in selected closed cases; and (3) proactively test state guardian certification processes. To verify whether allegations are widespread, GAO interviewed advocates for seniors and reviewed court documents. To examine closed criminal, civil or administrative cases with a finding of guilt or liability in the past 15 years, GAO reviewed court records, interviewed court officials, attorneys and victims, and reviewed records from federal agencies. To test state guardian certification, GAO used fictitious identities to apply for certification in four states. GAO’s results cannot be projected to the overall population of guardians or state certification programs. 

What GAO Found GAO could not determine whether allegations of abuse by guardians are widespread; however, GAO identified hundreds of allegations of physical abuse, neglect and financial exploitation by guardians in 45 states and the District of Columbia between 1990 and 2010. In 20 selected closed cases, GAO found that guardians stole or otherwise improperly obtained $5.4 million in assets from 158 incapacitated victims, many of whom were seniors. In some instances, guardians also physically neglected and abused their victims. The guardians in these cases came from diverse professional backgrounds and were overseen by local courts in 15 states and the District of Columbia. GAO found several common themes. In 6 of 20 cases, the courts failed to adequately screen potential guardians, appointing individuals with criminal convictions or significant financial problems to manage high-dollar estates. In 12 of 20 cases, the courts failed to oversee guardians once they were appointed, allowing the abuse of vulnerable seniors and their assets to continue. Lastly, in 11 of 20 cases, courts and federal agencies did not communicate effectively or at all with each other about abusive guardians, allowing the guardian to continue the abuse of the victim and/or others 

What GAO Found in IllinoisIllinois and Nevada. Illinois and Nevada require certain guardians to obtain certification through the Center for Guardianship Certification (CGC), a private nonprofit that offers national guardian certification. We submitted applications to the organization using two fictitious identities with driver’s licenses from Virginia. We also listed fake educational and professional backgrounds for our applicants, which the certifying organization did not verify. For example, one applicant claimed to have a law degree and almost 3 years experience as a guardian, while the other claimed 3 years of experience as a guardian at a nonexistent guardianship firm. Both applicants studied for and passed the National Certified Guardian Examination, which covers guardianship ethical principles and best practices. After the exam, a proctor asked to see the photo identifications of our fictitious applicants, but failed to recognize them as bogus driver’s licenses. Once we passed the test, the names of our fictitious applicants were listed on the organization’s website as nationally certified guardians. Passing the national exam is the sole requirement to be a certified guardian in Illinois and Nevada. Officials in both states told us that local courts do not conduct background or credit checks, indicating that each of the two fictitious guardians could have been appointed by a court in those states with no further screening. 

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Contact: 

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HOW TO REPORT ILLEGAL AND FRAUDULENT PROCEEDINGS

Please send your complaints via certified mail, so you can track their receipt of your mail. Keep track of each person and/or agency where you submit a report. Ultimately, each person/agency who receives a report, and fails to act on such a report, is aiding and abetting any corruption that may exist. Request legislation and FBI reporting from your legislator; request investigations by licensing bodies; request investigations from law enforcement agencies.

We hope the list below helps you in your reporting efforts.

To contact Attorney General, Lisa Madigan:

http://illinoisattorneygeneral.gov/about/contacts.html

To contact Governor Quinn:

http://www2.illinois.gov/gov/pages/contactthegovernor.aspx

To Contact U.S. Senator Durbin:

http://durbin.senate.gov/public/index.cfm/casework

To Contact U.S. Senator Mark Kirk:

http://kirk.senate.gov/

To Contact the Chicago FBI Office: (Request RICO investigations, report Predatory Guardianship and Racketeering):

Call their main number at :  312-421-6700

Ask if they have any other complaints about the parties you are complaining about, and if they would please add your file to any existing files on that person

http://chicago.fbi.gov/contact.htm

To identify your State Representative:

http://chicago.about.com/od/governmentandmedia/f/Illinois-State-Representative.htm

To Contact your Illinois State Representative:

http://www.ilga.gov/house/

To Report Medicaid Fraud and Abuse (OBRA Special Needs Pooled Trusts with inappropriate spending, or other inappropriate Medicaid-Qualifying Trusts):

http://www.isp.state.il.us/crime/medicaidfraud.cfm

To Report Medicare Fraud and Abuse (Inappropriate admission to hospice which do not meet Medicare criteria for medical diagnoses; false billing):

http://www.medicare.gov/forms-help-and-resources/report-fraud-and-abuse/report-fraud/reporting-fraud.html

http://oig.hhs.gov/

To report Veteran's Benefits Fraud and Abuse (Inappropriate spending of wards' benefits; Inappropriate deposits into Medicaid-Qualifying/OBRA Trusts):

http://www.va.gov/oig/

To Report Nursing Home Abuse or Neglect (Inappropriate care, inappropriate nursing home transfers, inappropriate medications, requests for divulging of financial assets followed by Predatory Guardianship proceedings):

http://www.state.il.us/aging/1abuselegal/ombuds_reporting.htm

To Report Attorney and GAL Misconduct:

https://www.iardc.org/index.html

To Report Judicial Misconduct:
http://www2.illinois.gov/jib/Pages/default.aspx
https://www.iardc.org/index.html

To Report Nurse and Social Worker Misconduct: (Predatory actions to gain client for guardianship company; inappropriate exhorbitant guardianship fees; false reports submitted to court resulting in restricted visitation)

www.idfpr.com/

To report Bank Misconduct: (Predatory guardianships resulting in assets deposited in bank trust accounts):

http://www.fdic.gov/ and

www.idfpr.com/

To join efforts with other Cook County and National Guardianship Abuse Victims: (National Association to Stop Guardian Abuse---NASGA):

http://www.stopguardianabuse.org/

To contact US Attorney Zachary Fardon:

United States Attorney's Office
Northern District of Illinois, Eastern Division
219 S. Dearborn St., 5th Floor
Chicago, IL 60604
Phone: (312) 353-5300

United States Attorney's Office
Northern District of Illinois, Western Division
327 S. Church Street, Room 3300
Rockford, IL 61101
Phone: (815) 987-4444

Contact: Randall Samborn, Assistant US Attorney, Public Information Officer
Direct: (312) 353-5318, Cell: (312) 613-6700


or TO CONTACT FITZGERALD'S REPLACEMENT:

http://www.justice.gov/usao/iln/contact.html

VA Prosecutes Defrauders of Veterans

June 12, 2007
 

Nicholson: “Full Force of Law” to Protect Earned Benefits

WASHINGTON – Continuing a long-standing campaign to identify and prosecute those who defraud veterans of their rightful benefits, the Department of Veterans Affairs (VA) recently highlighted several successes by its Inspector General in investigating people who mishandle the finances of veterans and family members unable to manage their own affairs.

“VA is committed to protecting our veterans, especially our most vulnerable veterans.  We will investigate and help bring charges against anyone suspected of defrauding veterans of the disability compensation or any other assistance they have earned,” said Secretary of Veterans Affairs Jim Nicholson. “Fiduciary fraud is a heinous crime.  We will bring the full force of law against offenders.”

Among recent cases successfully prosecuted as a result of investigations by VA’s Office of the Inspector General:

• Los Angeles resident Anne Chavis pleaded guilty to perjury and forgery in embezzling $1 million from veterans who were too disabled to handle their own financial matters.  She is awaiting sentencing.
• The daughter and son-in-law of an elderly Alaskan veteran with Alzheimer’s disease diverted about $500,000 from the veteran to make personal purchases while failing to pay the veteran’s bills.  Phyllis Talas was sentenced to 60 months’ probation, and Frank Talas to six months’ incarceration and 36 months’ probation.
• A Washington state woman overseeing her niece’s VA benefits pleaded guilty to misappropriating funds and was sentenced to 36 months of probation.  Christina May diverted to her personal use funds from VA’s Dependency and Indemnity Compensation awarded to her under-age niece.  

From January 2005 through April 5 this year, VA’s Office of Inspector General investigated 61 cases of alleged fiduciary fraud.  Twenty-seven people were indicted on related charges, of whom 19 have been convicted so far.  Resulting penalties have included $1.9 million in court-ordered restitution for veterans or their estates, 191 months’ imprisonment and 838 months of probation.

To report suspected fraud involving veterans benefits, other crimes, fraud, waste or mismanagement in the VA, please contact the Office of Inspector General Hotline at 1-800-488-8244 or email at vaoighotline@va.gov.  

More may be read at :  http://www.va.gov/opa/pressrel/pressrelease.cfm?id=1345

You can contact the Department of Veterans Affairs’ hotline at (800) 488-8244, between 8:30 am – 4:00 pm EST, Monday through Friday–excluding Federal holidays. Write the VA hotline at: VA Inspector General Hotline (53E), P.O. Box 50410, Washington, DC 20091-0410. Or contact them by email: vaoighotline@va.gov The types of complaints the VA hotline accepts: Employee misconduct. Patient abuse. Serious safety violations. Theft from VA beneficiaries. Theft or misuse of Government property. False claims by beneficiaries, claimants, patients, employees, or contractors. Systemic problems with VA programs or operations. Gross waste of funds or official time. The VA hotline will want to know: The particular VA facility or office involved. The identity of the wrongdoer(s) and victim(s). The alleged legal or policy violation(s) or other misconduct. The effect of the wrongdoing, such as dollars lost, delay produced, etc. The date(s) when the event(s) occurred. The identity of any witness(es) to the event(s). Copies of relevant documents that support the allegation. Whether anyone else has already reviewed the allegation. An address and telephone number of a named complainant and whether the complainant wishes confidentiality.

Mandatory Elder and Child Abuse Reporting by Health Care Workers

"Pursuant to Public Act 91-0244, effective January 1, 2000, if you are a licensed health care worker, and you have reason to believe that an adult 60 years of age or older who resides in a domestic living situation who, because of dysfunction is unable to

seek assistance for himself or herself has, within the previous 12

months been subject to abuse, neglect or financial exploitation, the

mandated reporter shall, within 24 hours after developing such belief,

report this suspicion to the Department on Aging. Reports should be

made to the
DEPARTMENT ON AGING AT 1-800-252-8966."