Man faces more than 300 years for $11 million Ponzi scheme

By RACHANEE SRISAVASDI

THE ORANGE COUNTY REGISTER

June 30, 2009

A San Juan Capistrano man faces more than 300 years in prison after being convicted of almost 700 felonies for defrauding 125 people of $11.4 million, a prosecutor said Tuesday.

In a case billed as one of the largest elder-abuse cases ever handled by the Orange County District Attorney’s Office, Jeffrey Butler, 51, was deemed guilty of 693 counts – the majority of them involving financial elder abuse and the sale of unqualified securities, according to Deputy District Attorney William Overtoom.

The jury deadlocked on another 86 counts – leading Orange County Superior Court Judge James Stotler to declare a mistrial on those charges.

Butler was found not guilty on another 30 counts.

The reading of the verdicts began Monday morning and ended at about noon Tuesday.

Butler’s wife, Peggy Warmuth Butler, 49, was found guilty of four counts of filing false tax returns. She began crying when Stotler said he would allow her to remain free until sentencing for the couple, which is scheduled for Sept. 18.

Jeffrey Butler remains in custody at Orange County Men’s Jail until sentencing.

He was arrested in February 2006 and accused of defrauding senior citizen clients by pretending to help them prepare their wills and trusts.

The trial, which began in November, last almost eight months and included testimony from 92 victims, prosecutors said.

Abridged

SOURCE: OCRegister – Santa Ana,CA,USA

Promoting bill to combat elder abuse

Last year, over 16,000 adults were abused, and it’s estimated that 73,000 adult abuse cases go unreported every year.

June 29, 2009

UP legislators are in Marquette Monday promoting a bill that would combat elder neglect, emotional, and physical abuse.

The bill would also focus on financial exploitation of the elderly.

It proposes tougher punishment for those committing offenses.

The legislators conducted an informal meeting at the Senior Center in Marquette today. Unfortunately, nobody attended the meeting, but with a 40 percent increase in elder abuse in Michigan, lawmakers say the issue is extremely important, and the the bill needs to be passed.

“Sometimes the people that gain these peoples trust are than taking their money, they abuse them in someway, and we just want to make sure that doesn’t happen,” says State Representative, Steve Lindberg.

SOURCE: WLUC TV6 – Marquette,Michigan,USA

Stiff Penalties for those who Abuse the Elderly

Grand Rapids Press Editorial

June 19, 2009

As the population ages, the problem of elder abuse is expected to spread. Stiff penalties for abusers might help keep the problem in check.

The four-month jail term meted out this week in an Ottawa County case of shocking elder abuse has put a spotlight on a largely hidden social problem. While child abuse and domestic violence have rightly been elevated in the public eye, the abuse, neglect and exploitation of the elderly warrants attention as well. That’s especially true as the population nationally and in Michigan grows grayer.

What’s more, the jail term given Ottawa County resident Carol Maneke for leaving her father in squalid living conditions has prompted criticism about whether the punishment fits the crime. Her father, Max Canfield, 87, died in a hospital in 2006, a week after being taken out of a filthy Tallmadge Township duplex. Maneke lived in the adjacent half of the duplex and was her father’s legal guardian. According to relatives and police, he died from malnutrition-related weakness. It’s ironic and disconcerting that Maneke was sentenced on Monday, which was World Elder Abuse Awareness Day.

The authorities got involved in this case after Mr. Canfield’s granddaughter said she was not allowed to see him and became concerned about his welfare. Police and social workers found the decorated World War II veteran lying on a soiled mattress with adult diapers, trash, pop cans and animal feces all around. They had to tape and seal their pant legs before entering the roach-infested duplex.

Maneke’s prosecution on charges of vulnerable adult abuse was delayed in part because she moved to Pennsylvania and authorities had trouble finding her. She could have received up to nine months in jail, according to sentencing guidelines for her conviction on a charge of second-degree vulnerable adult abuse. Police looked at whether Maneke could be charged with some form of homicide but decided the evidence did not support it because Mr. Canfield had other medical issues that may have contributed to his decline.

Nevertheless, the high end of the more modest charge certainly would have sent a stronger message that sub-standard care for the elderly is not acceptable.

Because studies show that the most likely abusers of the elderly are their own family members, it’s a problem that can go unnoticed and unreported. National statistics suggest only one in five cases is reported.

We can all play a role in making Michigan a safe place to grow old by being as vigilant about elder abuse as we are becoming about child abuse and domestic violence. Our senior’s golden years should not be tarnished by abuse, neglect and exploitation. Those who cross the line by abusing the elderly should pay an appropriate price. Our courts should see to that.

Abridged

SOURCE: MLive.com

By ALEX DOTY
Sentinel-Standard writer

June 29, 2009

With baby boomers aging and more of the population entering their golden years, local lawmakers are doing their part to ensure that senior citizens don’t end up being victimized by those preying on the elderly community.

Rep. Mike Huckleberry, D-Greenville, called elder abuse a concern for residents of Michigan.

“(Elder abuse) often gets swept under the rug here in Michigan,” Rep. Mike Huckleberry, D-Greenville, said during the unveiling of the plan Monday afternoon.

Under a new plan backed by Huckleberry and recently introduced into the state legislature, there would be increased penalties for cheating or defrauding seniors, citizens would be empowered to file criminal complaints against those who scam seniors and they would require financial institutions to do more to disclose the rights of seniors and disclose against fraud.

“The penalties and protections on the books when it comes to elder abuse are not strict enough,” Rep. Mary Valentine, D-Norton Shores, said.

Valentine, who was in Ionia along with Huckleberry to announce the plan, knows all too well the affects of elder abuse on its victims and families.

“This is a topic that is near and dear to my heart,” she said, adding at one time her uncle had fallen victim to financial abuse.

In especially hard economic times, Valentine also said financial elder abuse can hit close to home, especially when some family members might prey on unsuspecting seniors as a means for financial well-being.

In addition to providing protection against fraud and scams against senior citizens, the plan would also create a special community alert in the event of a senior going missing.

Called the Mozelle Alert, it would be a way to notify the public in case a senior citizen goes missing.

It was named after Detroit resident Estella Mozelle Pierce who died after wandering from her home, would be similar to an Amber Alert.

Additionally, with many at the state level doing what it takes to improve the economy by releasing certain offenders from prison, legislators don’t see the elder abuse crackdown as something that will put people back in jail.

“This is stopping people from going to jail,” Huckleberry said, adding the plan would be a deterrent aimed at preventing abuse.

He also called the jail space well deserved for those who do happen to be abusing senior citizens.

“If someone is abusing a senior, they belong in jail,” Huckleberry said.

According to Huckleberry, now that the legislation has been introduced, it is anticipated that it will be further hammered out in various committees before any future legislative action is taken.

“I think we have a good chance of this going through,” he said.

Rep. Brian Calley, R-Portland, said although he hasn’t had the chance to look over the proposal, he believes with people living longer these topics deserve a more thorough look in order to better protect senior citizens.

SOURCE: Sentinel-Standard – Ionia,MI,USA