'Silent Crime' -- Defrauding
Elders Grows in Ethnic Communities
By
Paul Kleyman, New America Media
May 18, 2012
Image
Credit: New America Media
SAN FRANCISCO —
The sentencing of Edwin Parada in San Francisco
this past April for 24 counts of mortgage fraud
against Spanish-speaking homeowners spotlighted
the growing incidence of “affinity” crimes —
those perpetrated by crooks against their own
communities.
Parada — who promoted himself as a pastor — got
15 years for his mortgage schemes, which preyed
on Latinos in San Francisco, including numerous
elders, often with limited English proficiency.
Nationally, fraud against seniors is on the
rise, according to the 2011 “MetLife Study of
Financial Elder Abuse." In only three years such
crimes grew by 12 percent, becoming a $2.9
billion problem.
While in half of the cases the perpetrators were
strangers, one-third involved family members or
friends. The MetLife study showed that most
victims were women in their 80s and living
alone.
Ethnic Elders
More Vulnerable to Fraud
A 2011 report by the California Elder Justice
Coalition (CEJC) found that African American
seniors “may be up to five times more
susceptible to being cheated financially” than
non-blacks. The same study found, “Black and
Latino seniors were more than 70 percent more
likely to lose their homes to foreclosure
between 2007 and 2009.”
For lead author and CEJC coordinator Lisa
Nerenberg, the findings point to one troubling
fact. “Elders of color,” she said, “have been
especially hard hit by predatory lenders.”
Still, despite the alarming figures, financial
crimes against elders often go undetected.
“It’s a silent crime,” said Helen Karr, a widely
respected special assistant in the San Francisco
District Attorney’s (SFDA) office.
As part of national Elder Abuse Prevention Month
in May, the SFDA is running a multilingual
public awareness campaign about financial elder
abuse with ads citywide in English, Chinese,
Spanish and Russian.
“It’s so secretive,” Karr continued, “that
seniors may not even know they are being
abused.” Depression, such as after the death of
a spouse, isolation, or perhaps dementia may
increase their vulnerability to being
victimized.
Others, out of a sense of shame, may feel too
foolish to tell anyone after being taken in, or
may fear being deported or moved into a nursing
home. Again, as in cases of domestic abuse,
cheated seniors may also be forgiving of a
relative in hopes that the abuse will somehow
end.
Financial elder abuse covers a wide range of
scams, acknowledges Sean Do, Victim Witness
Investigator with the small consumer fraud unit
of the San Francisco DA’s office.
“Affinity”
Crimes
Most insidious among the 350-400 cases his
program fields per year, Do said, are the
affinity crimes scammers commit against those
who share the same culture and language.
Violations, he said, might include home-repair
schemes (“I’m from the city” becomes “the city
doesn’t pay for this—you have to”), contractors
being paid for work they fail to do, mortgage
fraud, annuity cons or other insurance scams.
Do came to the West as a refugee from Southeast
Asia, finding early work as a physician’s
assistant for the International Red Cross. He
speaks seven languages and dialects (Vietnamese,
Cambodian, Cantonese, Mandarin, French, Danish
and English), and is thus in a unique position
to understand the heartbreaking experience of
many immigrant elders.
A sociologist by training, Do described a common
ruse in which seniors are told to pay around
$5,000 — always in cash — to an expediter
claiming to be able to resolve immigration
issues or perhaps to move them up on the Housing
Authority’s years-long waiting list for
subsidized housing.
“The elder is told to hurry or you’ll lose the
opportunity. They are taken to an apartment and
told they’ll be living there in about six weeks.
But they should not tell anyone,” said Do.
In another typical case Do described, a young
woman who frequented a senior center and
befriended an older man. One day she asked him
for a $1,500 loan to cover the cost of a medical
procedure. When he confronted her about not
repaying the loan, she said she needed more and
eventually bilked him out of $5,200.
Do’s unit focuses on mediation — turning
criminal cases beyond possible restitution over
to other sections of the DA’s office for
prosecution. After finding the woman — and being
threatened by her husband — Do says he’s been
able to recover $3,000 for the victim so far,
with more to come.
He also recommended that senior center staff
keep an eye on younger people who turn up and
seem to give an unusual amount of attention to
certain seniors. The centers always need
volunteers, but staff should question the
visitor and seniors they focus on to discern
whether their interactions are benign.
Don’t Give In
to Fears
When Do speaks to neighborhood groups, he urges
seniors never to let their fears get the better
of them and to talk to a community social worker
or other trustworthy source before giving money
to anyone.
Also, he said, seniors who get threatening calls
from a collection agency should first refuse to
give callers information, such as their name and
Social Security number — key to identity theft.
Second, he said, they should tell an aggressive
caller to send a letter explaining the debt —
something collectors can only do if they already
have a person’s correct name and address.
Sometimes the collection agency is legitimate,
but is calling for an amount owed due to
identity theft. Do’s office mediates with the
agency and the elder’s bank to get the problem
resolved.
In California, such financial scams hitting
seniors rose by 33 percent from 2006-2011,
according to Erika P. Falk, director of
Geriatric Assessment Services at San Francisco’s
Institute on Aging.
Falk said that of the 70,000 elder abuse cases
-- ranging from battering to denial of food and
medication -- reported in California in 2010, a
quarter involved financial abuse. The actual
number of such cases, she added, is likely as
high as 300,000.
“Victim
Blaming” Leads to Poor Enforcement
Even though the Golden State has long pioneered
the development of stringent elder abuse laws
and programs, a key reason for poor reporting of
fraud cases is “victim blaming,” emphasized
CEJC’s Nerenberg.
“There are biases in the system,” she said. The
author of Elder Abuse Prevention: Emerging
Trends and Promising Strategies, Nerenberg
asserted that family members and service
providers “often think these people made bad
choices.”
Seniors, especially those of color, Nerenberg
explained, tend to be stereotyped as having been
taken financially out of vulnerability to
promises or greed for rewards offered by
scammers.
“But this is a crime,” she stressed. “Financial
elder abuse is often perpetrated by
sophisticated, skilled and determined scammers.”
Many are tied to organized crime, Nerenberg
said. Because the same people are often
victimized multiple times — due to their
trusting nature, extreme isolation and sometimes
dementia — they turn up as easy marks on “mooch
lists” that crooks develop for their crime
rings.
Even when perpetrators are caught, law
enforcement authorities too frequently fail to
require restitution, Nerenberg said. “They
assume the money is gone, but these are not
always deadbeats.” When prosecutors push for
restoration and judges order investigations,
perpetrators are often found to have substantial
hidden assets.
California, she urged, should emulate a Delaware
program that pays restitution to defrauded
seniors immediately following a conviction, so
the elderly person does not have to wait an
extended period to see lost money needed to get
by. The state then keeps recovered amounts.
Nerenberg added that service agencies and
authorities also frequently shrug off possible
cases because they assume ethnic families care
for their elders well and aren’t apt to cheat
them knowingly.
“People don’t necessarily take care of their
own,” noted Nerenberg, “and communities of color
are especially under strain because of the
recession.”
As for keeping up with the perpetrators,
Nerenberg said, “Financial elder abuse criminals
continually adapt their scams to changing legal
barriers and opportunities.” Authorities, she
stressed, need enough flexibility in the law and
diligence on the ground to keep up.
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