A NYC Defense Lawyer Explains Financial Elder Abuse
Financial abuse of seniors can lead to serious criminal penalties if you are convicted of a crime in connection with the abuse. When a vulnerable senior is a crime victim, this can result in unsympathetic juries in criminal proceedings. The senior’s vulnerability can also sometimes be an aggravating factor resulting in harsher penalties or elevating a criminal act to a more serious offense than it otherwise would be.
You need to understand what is at stake when you are accused of an alleged fraud crime with a senior victim. Your future and financial security could be in jeopardy if you are convicted, so avoiding a guilty verdict should be your top priority. Having the right legal representative is a good way to get started on achieving the goal of a not guilty verdict. Bukh Law Firm, PLLC is an experienced NYC criminal defense law firm with a legal team that knows financial elder abuse law inside-and-out. If you have been accused of wrongdoing in connection with a senior, give us a call right away so we can start developing your strategy for defense.
What is Financial Elder Abuse?
Elder financial abuse takes many different forms. Any scam that is specifically targeted towards seniors and that involves using false statements, material misstatements, or intentional omission of material facts can constitute abuse. Some examples include:
- Charging excessive amounts of money: Unreasonable fees are assessed for home repairs, car repairs, medicine, transportation, food, basic care, or other goods or services provided to seniors.
- Getting money or property through undue influence or fraud: Seniors are convinced to give away their money or property or to sell it for far under market value. Seniors may also be convinced to change their will to give money to a scammer. Caregivers may be uniquely placed to use undue influence to convince seniors to part with property.
- Identity theft scams: A senior’s identifying information is taken and used to obtain benefits or credit. Identity theft can occur when a senior is tricked into giving up financial information through phishing schemes such as an email pretending to be from a bank or doctor’s office.
- Power of attorney scams: A senior is convinced to give someone power of attorney and the agent then takes, and sometimes sells, assets for personal enrichment, rather than for the senior’s benefit.
- Caregiving scams: A “caregiver” moves into a senior’s home by promising services and then takes money or property or uses undue influence to convince a senior to provide gifts.
- Investment scams : Seniors are convinced to give money to bogus business opportunities or to put their cash into other bad investments.
- Medication scams : Seniors are convinced to purchase counterfeit drugs or their medications are stolen and sold.
These are just some of many different kinds of elder abuse of seniors. Caregivers and strangers alike could engage in abusive behavior and could end up facing serious criminal charges if seniors report the wrongdoing and state or federal investigators become involved.
How Can a NYC Defense Lawyer Help Fight Financial Elder Abuse?
In addition to being charged under state laws or federal fraud laws prohibiting computer crimes, wire fraud, mail fraud, telemarketing scams or other related offenses, defendants accused of financial elder abuse could also face additional penalties because their victims were considered vulnerable seniors. It is important for any defendant to be prepared to respond to accusations being made of fraud against a senior, and the right response will vary depending upon the available evidence and many other factors.
Bukh Law Firm, PLLC understands financial elder abuse law and our legal team can advise you on what plea and what legal arguments are likely to leave you in the best position when your criminal case is resolved. Give us a call as soon as you can when you suspect that you may be under investigation for elder financial abuse so we can help you to start defending your future.
