Sunday, September 23, 2012

Warning Signs of Financial Fraud

I saw this article from the Wall Street Journal and thought it would be appropriate.  We know of several elderly who have been cheated financially.


Older adults are frequent victims of financial fraud, but there often are telltale signs that can help family members recognize something is amiss.

These warnings can be as clear as a sudden inability to pay one's bills. But often the signals are more subtle: unopened statements from brokerage accounts you didn't know existed, mail boxes stuffed with sweepstakes offers or the sudden reliance on a "new best friend" for financial advice.

If you think there's a problem, it's crucial to persevere. Don't be surprised if the person at risk doesn't cooperate as you try to get to the bottom of a potential fraud.

It's embarrassing to be swindled at any age. Older adults already feeling ill at ease with their abilities, or feeling like their independence is threatened, may have a tough time admitting something has gone wrong and opening up about their finances.

Compounding the challenge is that often the perpetrator is someone the older victim knows and with whom he or she has built a trusting relationship—a member of the victim's church or veterans group, an accountant or even a family member.

"Seniors are going to be affected by every kind of fraud, because they tend to be the ones that have the savings and the cash," says Matt Kitzi, Missouri's securities commissioner.

Prevention starts with being vigilant, says Patty Struck, who heads up Wisconsin's securities division, which frequently is called upon to investigate fraud among older adults.

Just after Easter several years ago, Ms. Struck's office received a call from a man who was concerned about his father's financial adviser. While visiting his father over the holiday, the son learned that the adviser was helping the father take out a new loan on the house—the mortgage having previously been paid off. The adviser had even driven the father to the bank to help him fill out the paperwork, Ms. Struck says.

Seeing no financial need for the loan, the son called Wisconsin regulators. It turned out the adviser was looting clients' accounts. That included not just the caller's father, but also his grandmother's money, as well.

"It's all about reading between the lines and asking a lot of questions," says Ms. Struck.

To help ease the process, she suggests that younger family members talk about their own finances with older relatives to help them feel more comfortable opening up. Listen for offhand remarks, such as a comment that their broker isn't returning phone calls.

Don't feel guilty about doing some detective work. If there is an open bank statement, check to see if there's an unexpected name on the account. Other red flags: unusual transfers or big checks being cashed.

If you get the older adult's cooperation, order a free copy of the person's credit report. If anyone is opening up new accounts under the person's name or running up any big credit-card bills it will turn up in the credit report. The older adult may not even have realized he or she is being victimized.

Catherine Ann Seal, an elder-law attorney in Colorado Springs, Colo., says when she gets referrals from the local adult protective-services department for seniors who may have been victimized, one of the first steps she takes is to check public tax and real-estate filings—usually available for free online. She checks if new estate-planning documents or liens or deeds for a home have been filed.

If suspicion revolves around a financial adviser, go to BrokerCheck at the website of the Financial Industry Regulatory Authority (finra.org) to see if a broker has a track record of breaking the rules. Some states let you check online, for a small fee, whether an individual has a criminal record.

A common way older adults fall victim to fraud is what experts call the "new best friend" scam. "The senior all of a sudden has a very strong bond with somebody they have not known for a very long time," says Ms. Seal.

While those relationships can be on the up and up, con artists will often befriend lonely individuals, sometimes helping with errands or chores to gain their trust. "Very often the elderly people know that what they're getting into is probably too risky," Ms. Struck says. "But the person calling them to scam them is so friendly and they're lonely, so they're willing to take the time to talk to them."

More wrenching is when a relative is the one taking advantage of an older person. "Some of the worst exploitation happens among family members," says Ms. Seal.

Most often, she says, the theft is committed by a family member who is financially dependent on the senior. For example, a parent may be forced to sell a home and use the money to pay for a nursing home. A child, who was counting on the home for an inheritance, then dips into the parent's savings.

"Transparency is the key," Ms. Seal says. "Undue influence and exploitation only happens if no one else is aware of what's going on."

Wednesday, September 19, 2012

Survey Finds Theft By Family Members Most Common Form Of Financial Elder Abuse

I saw this while view the Assisted Living Federation of America site.  It brings to mind the need to watch our loved one's finances.  We not only need to protect them from outside thiefs but also from unscrupulous family members.

"A new poll examining financial exploitation of American seniors finds that 79 percent of experts surveyed identified theft or diversion of funds by family members as the most common form of financial abuse.

The poll asked state securities regulators, financial planners, health care professionals, social workers, adult protective services workers, law enforcement officials, elder law attorneys, and academics about their experiences with elder abuse. 77 percent of individuals surveyed thought that seniors are very vulnerable to financial abuse, and most cited financial abuse by family members as the most common form of financial abuse. Most respondents indicated that older veterans face the same deception risks as other seniors, but affinity fraud and VA Aid and Attendance fraud were also cited as important problems to address.

About 70 percent of those surveyed reported financial counseling and education programs administered by local professionals, such as caregivers, adult protective services workers, and law enforcement agencies as the most useful tool for helping seniors effectively manage their finances. Programs delivered through senior centers and other senior care organizations and programs delivered by senior oriented national and local organizations were also considered positively by respondents.

Learn more about the financial exploitation surveyLink Icon conducted by the Investor Protection Trust (IPT) and Investor Protection Institute (IPI) in response to questions posed by the Consumer Financial Protection Bureau (CFPB)."