Tag: Senior Deputy Prosecuting Attorney

  • Beware the ‘Friendly’ Stranger

    I It’s difficult to believe that anyone would take advantage of our aloha spirit. Unfortunately, the Prosecutor’s Office has seen an increase in cases of friendly strangers who turn out to be con artists preying on seniors.

    Edith (not her real name) was walking through Kapi‘olani Park when Alexander Nebre approached her. He said that someone told him that she needed help. Coincidentally, Edith was having problems with her plumbing. Nebre said he was a licensed plumber and contractor and could help her out. When invited into her apartment, Nebre “found” extensive termite damage. “Luckily” for her, he could make these repairs for a fraction of the cost of a “big company with lots of overhead.”

    Edith fell for Nebre’s lies and paid him over $20,000 for repairs, which he never did. In December, Nebre was sentenced to 15 years in prison and ordered to pay back $100,000 he stole from Edith and five other seniors. The average amount court-ordered defendants return to their victims is $25 to $50 a month. By my calculations, Edith and the other victims will be paid back in 166 years!

    “Friendly” con artists can be found anywhere, but often target seniors in home repair stores, like The Home Depot and Lowes. They say they have some expertise that the overwhelmed homeowner needs, and they can do the job significantly cheaper than any competitor.

    A great many of these so-called “experts” are unlicensed and unqualified. They either ask for payment up front or ask the victim to purchase materials, but they take the receipt. They might produce a phony invoice for materials — an invoice they found and stamped “Paid” themselves. The victim accepts this as “proof” that their money was used to buy materials/tools for the job.

    “Cheap and cash-only” repairs are very tempting. If a “friendly” stranger wants to do work for you, ask not only for their license number but also for identification. A con artist will use a legitimate license number that belongs to someone else, so call the Consumer Resource Center (1-800-394-1902) to see if the license and name match. Also ask if there have been any complaints about that person. If this seems like too much humbug, remember, one simple phone call can save you thousands of dollars and keep you from having to call the police or meet with me.

    To report suspected elder abuse, contact the Elder Abuse
    Unit at: 808-768-7536 | ElderAbuse@honolulu.gov
    www.ElderJusticeHonolulu.com

    I It’s difficult to believe that anyone would take advantage of our aloha spirit. Unfortunately, the Prosecutor’s Office has seen an increase in cases of friendly strangers who turn out to be con artists preying on seniors. Edith (not her real name) was walking through Kapi‘olani Park when Alexander Nebre approached her. He said that…

  • Joint Bank Accounts: Think Twice

    Earlier, I wrote about a woman from Waianae, who added her daughter to her bank account. The daughter was to use the money to pay contractors to remodel the mother’s home. This money was solely the mother’s, but instead of helping the mother, the daughter helped herself to the money (over $200,000) and disappeared.

    After writing that piece about how parents need to call the police when their children steal from them — I got inquiries about whether it was really theft since the mother placed the daughter on a joint account. The answer is yes. If the person you add to your bank account contributed nothing to the account, and that person takes money without your permission, a theft has occurred. Access is not ownership.

    Say for example that you let your neighbor borrow your car once. You gave him a spare set of keys but never take the time to get the keys back. One morning, your car is gone. Later you find the neighbor went joy riding. He committed the crime of unauthorized driving your car, a class “C” felony. Just because you let him drive the car before, and he had access to it, doesn’t mean he now has a controlling interest in the property.

    I caution people about adding others to their bank accounts. It may seem more convenient just to put another person on a bank account instead of writing checks or giving them cash when they need money, but a person runs a risk of becoming a victim of theft and similar crimes like the one mentioned above. Even if the person you add to the joint account is trustworthy, the more people who have access to your account, the greater the risk that it will be compromised — check register errors, a lost or stolen checkbook and identity theft are examples.

    One way to reduce the risk of theft of all your money is to create a separate, joint account for a particular purpose, like paying the bills. Only deposit enough money into that account to cover the bills. For example, if your monthly household expenses are $1,000, you can have your personal account automatically deposit that sum into a dedicated joint account with your family member who will be paying your bills. This may seem like humbug to set it up, but it will be much less effort than trying to recover from a crime committed by someone who could not resist the temptation of having access to large sums of money.

    To report suspected elder abuse, contact the ELDER ABUSE
    UNIT at: 808-768-7536 | ElderAbuse@honolulu.gov
    www.ElderJusticeHonolulu.com

    Earlier, I wrote about a woman from Waianae, who added her daughter to her bank account. The daughter was to use the money to pay contractors to remodel the mother’s home. This money was solely the mother’s, but instead of helping the mother, the daughter helped herself to the money (over $200,000) and disappeared. After…

  • Abuse of Trust: When Caregivers Become Criminals

    When May Lee (victim’s name changed) hired Susan Chin to be her caregiver, it seemed like the perfect solution to her long-term care needs. Over time, however, when Chin gained Lee’s trust, she slowly gained access to Lee’s finances and convinced her to sign a “power of attorney” (sometimes referred to in our office as a “license to steal”). It was not long after getting this legal document, that Chin violated the trust given to her and sold Lee’s house for more than $600,000, of which Chin kept the money for herself.

    Although Susan Chin’s actions were found out and she was prosecuted for her crimes, May Lee still endured financial hardship, emotional stress and, ultimately, the loss of her dream of spending the rest of her life in the home that she had once owned.

    When Yumi Smith (victim’s name changed) hired an agency to assist her in caring for her husband who was in poor health, she trusted that the company would provide her with caregivers who were not only responsible and professional, but who also wanted to sincerely help her in caring for her husband. Unfortunately, this business sent Kathlyn Lepena, a caregiver who ended up helping herself to Smith’s jewelry.

    The Honolulu Police Department investigated this crime and was able to recover most of the jewelry Lepena stole. Eventually, Lepena pled guilty to the felony offense of Theft in the Second Degree and is presently under court supervision for her crime.

    Unfortunately, the above two cases are only a couple of the many crimes the Elder Abuse Justice Unit at the Office of the Prosecuting Attorney has handled in the past several years. It is cases like these that highlight the risks involved when hiring a stranger to care for yourself or a loved one in your own home.

    So, how should you hire a caregiver to come into your home? How can you prevent abuses?

    When looking for an agency or service that will provide a skilled worker to come into the home and provide assistance, it is important to do your homework first.

    Here are two agencies that can let you know if any complaints have been made against a business:

    • Better Business Bureau
      (808) 536-6956
    • Consumer Resource Center
      State Dept. of Commerce and Consumer Affairs (808) 587-3222

    Additionally, if you type in the company’s name with the word “review” in an Internet search engine (such as Google and Bing), you might find reviews from people, either offering praises or warnings. Also, seek recommendations from friends who have already gone through the process of finding somebody.

    Perhaps the best thing that can be done, however, is to protect your financial information. Upon hiring a caregiver, never give out private financial or personal information, account numbers or blank checks. Your caregiver is there to take care of your family — not your money.

    Remember, a stranger is entering your home or the home of someone you care for. It is a lot better to know the background of these providers, than to assume they are the caregivers you envisioned them to be.

    To Report Suspected Elder Abuse, call:
    Adult Protective Services
    808.832.5115
    ElderAbuse@honolulu.gov
    All reports are confidential.

    When May Lee (victim’s name changed) hired Susan Chin to be her caregiver, it seemed like the perfect solution to her long-term care needs. Over time, however, when Chin gained Lee’s trust, she slowly gained access to Lee’s finances and convinced her to sign a “power of attorney” (sometimes referred to in our office as…