State s Attorney s Office Special Prosecutions Bureau

Transcription

1 State s Attorney s Office Special Prosecutions Bureau Assistant State s Attorney Sandy Stavropoulos Supervisor Seniors and Persons with Disabilities Unit

2 COOK COUNTY STATE S ATTORNEY S OFFICE SENIORS & PERSONS WITH DISABILITIES UNIT Prosecution unit specializing in crimes committed against seniors (60 years of age and over) and disabled persons who are targeted as victims due to their declining physical or mental capacity (312)

3 CRIMES AGAINST SENIORS PROSECUTION PERSPECTIVE

4 CRIMES AGAINST SENIORS GO FAR BEYOND ABUSE AND NEGLECT

5 SENIORS ARE VICTIMS OF EVERY VIOLENT CRIME AND EVERY PROPERTY CRIME

6 MUST LOOK TO ILLINOIS CRIMINAL CODE TO SEE ALL POSSIBLE CHARGES 720 ILCS 5

7 FINANCIAL EXPLOITATION IS THE ABUSE/CRIME MOST REPORTED TO DEPARTMENT ON AGING.

8 IMPORTANT Often times there is physical abuse/neglect going on concurrently with financial abuse

9 YOU SUSPECT ABUSE OR NEGLECT WHAT SHOULD YOU DO?

10 CALL THE POLICE

11 WHY? DEPARTMENT ON AGING INVESTIGATION IS SEPARATE AND APART FROM POLICE INVESTIGATION

12 CHECK YOUR COUNTY S OWN PROTOCOL The Cook County State s Attorneys Office does NOT take case referrals for investigation the POLICE must do the investigation

13 PROSECUTION GOALS

14 Secure the safety of the victim Stop the BLEEDING Make the court process as painless as possible Make the victim whole, if at all possible Secure a disposition which will protect other seniors from being victimized by defendant

15 KEEP IN MIND CRIMINAL CHARGES MAY NOT ALWAYS BE APPROPRIATE

16 FACTORS WHICH MAY HINDER PROSECUTION

17 Joint accounts between victim and defendant A loan with a realistic/credible promissory note VALID Power of Attorney where improper use cannot be proven Statute of Limitations

18 Squabbling siblings with ulterior motives Multiple offenders involved in bank transactions and no one who can I.D. them Financial case with deceased victim where intent is an issue Change of mental status of victim

19 Report made long after physical injuries have healed and no medical help was sought Multiple serious health problems which predate the alleged abuse/neglect In neglect cases, a mentally compromised caregiver A competent victim who refuses to prosecute

20 SUCCESSFUL OUTCOMES

21 FINANCIAL EXPLOITATION BY CAREGIVER Victim 95, demented Defendant 68, paid caregiver Defendant made out checks on Victim s account, paying herself in excess of $260,000 for 14 months of services Another $130,000 disappeared from this account during that time. Some went to Defendant s daughter, Defendant s attorney, etc When funds got low, Defendant checked the Victim into a nursing home The nursing home contacted the Public Guardian to help with payment arrangements Public Guardian discovers draining of funds over the last year Guardians freeze the Victim s account Bank alerts Guardian of attempt by Defendant to withdraw remaining funds Police are contacted and arrest the Defendant Defendant pleads guilty to 8 years IDOC before Judge Salone

22 MORTGAGE SCAM (THEFT BY DECEPTION) Victim 72, wheelchair bound, owns a 6-flat building Father and son Defendants befriend Victim Defendants convince Victim to quitclaim the 6-flat to Defendants so they could get a home equity loan to rehab building and then they would return the building to Victim Victim quitclaims, Defendants get the $146,000 mortgage, they keep the money Defendants refuse to return building Victim goes to the police Defendants lock Victim out and throw her belongings out onto the street. She ends up in a nursing home Jury trial Guilty 15 years each from Judge Sacks (No prior criminal background)

23 PHYSICAL ABUSE CASE (MURDER) Victim 84, demented, stroke victim/ wheelchair bound Defendant - live-in / paid caregiver Neighbors witness Defendant striking the Victim and call the police Police arrest the Defendant Victim suffers neck injury as result of the blows Victim requires neck brace for the injury. The neck brace causes swallowing difficulty which then necessitates a feeding tube The feeding tube becomes displaced Displaced feeding tube causes peritonitis Victim dies as a result Defendant was charged with Murder Trial before Judge Sumner; Guilty of Murder 40 years IDOC No prior criminal background