Page 30 - January 2020 BarJournal

FEATURECRIMINAL LAW

FIGHTING BACK AGAINST

ELDER FRAUD AND ABUSE:

THE DEPARTMENT OF JUSTICE’S ELDER JUSTICE INITIATIVE

BY BRIAN MCDONOUGH

n October 18, 2017, President victim specialists, first responders, civil legal aid What is perhaps most disturbing about
Donald J. Trump signed employees, and others, to enhance their ability to these crimes is the non-economic impact upon
into law the Elder Abuse respond to elder fraud efficiently and effectively. victims. It is heartbreaking to picture a scammer
Prevention and Prosecution coming face-to-face with a fragile, elderly person
O Act (EAPPA). The EAPPA Promoting justice for older Americans and telling bald-faced lies to steal the elderly
was a “multi-pronged approach to prevent Investigating and prosecuting financial scams victim’s hard-earned money. But there is little
elder abuse, protect victims, and prosecute targeting older adults through coordination with practical difference when the offense happens
perpetrators of elder abuse crimes.” It sought to federal, state, and local law enforcement and over the phone or the internet. Elderly persons
improve elder abuse prevention by improving community partners. are thrust into a world where it can suddenly be
elder abuse collection data at local, state and challenging to determine who can and cannot
federal levels; improve law enforcement training Helping older victims and their families be trusted. It often happens at a time when
and technical assistance regarding elder abuse; Connecting older adults and their families or elderly persons are becoming more dependent
provide improved victim assistance to victims caregivers with appropriate investigative agencies, upon others. During this transition, they may
of elder abuse; improve and support federal as well as empowering them with information also experience a significant blow to their self-
prosecution of elder abuse; and create enhanced about abuse and recovering from its effects. esteem, given that they may not have the levels of
penalties for those who engage in telemarketing The protection of the elderly is a core responsibility that they once did. In the end, they
and email scams targeting elders. principle of our social contract. Throughout may feel that they let themselves and others down
As a result of the EAPPA, the Department of history, societies valued the elderly and by failing to protect their savings adequately.
Justice created the Elder Justice Initiative (EJI) afforded them special protections. For many, This victimization can lead to feelings of shame,
to support and coordinate the Department’s how we treat the elderly is considered a sound insecurity, and paranoia, for having been misled.
enforcement and programmatic efforts to combat indicator of the justness of our society. When In the Northern District of Ohio, the scourge
elder abuse, neglect, financial fraud, and scams it comes to the protection of the elderly in the of fraudulent schemes targeting the elderly is a
that target our nation’s seniors. In every one of the United States, we should hold ourselves to an growing problem based on demographics and
93 U.S. Attorney’s Offices, the DOJ created the exacting standard. wealth accumulation. The United States Census
position of Elder Justice Coordinator. Through The elderly are uniquely vulnerable to these Bureau highlighted the continued growth of the
the building of federal, state, and local capacity targeted schemes to defraud. As technology senior population in its 2017 National Population
to fight elder abuse with training and resources changes, everyday activities such as Projections. More than 10,000 Baby Boomers
for law enforcement professionals, judges, communication, shopping, and banking (those born between 1946 and 1964) turn 65 each
prosecutors, and others; through promoting change with it. While a grandparent may have day. The aging of America signals the movement
justice for older Americans, and supporting a good understanding of email communication of the largest holders of wealth from the workplace
research to improve elder abuse policy and and social media, he or she may be less able to to retirement, as the 65-and-older population
practice; and through helping the victims and understand the common methods used mask leads all age groups in homeownership levels and
their families, the EJI represented a coordinated or even spoof identities. The elderly may also median net worth.
effort to take on this problem on multiple fronts. be more inclined to trust seemingly legitimate The lure of quick money — often without having
Combatting financial fraud targeted at seniors electronic or verbal communications. Their to expose one’s identity or confront a sympathetic
is a key priority of the DOJ and the U.S. Attorney’s experience is defined by decades of generally victim face-to-face — has fueled a remarkable
Office for the Northern District of Ohio, which living free from concern that scammers would increase in these crimes over the last decade. Over a
focuses on the following areas: boldly and persistently lie to steal someone billion dollars a year is lost through financial fraud.
else’s hard-earned money. Perhaps most In the past year, scams have increased by 20%.
Building federal, state, and local capacity to distressing, the elderly might see contact with By their nature, these crimes are perpetrated
fight elder fraud a scammer as an opportunity for dearly missed remotely, giving the criminals a virtually unlimited
Providing targeted training and resources to social interaction. Studies show that lack of supply of potential victims. With little or no limit
elder justice professionals including, social social interaction can hurt the health and well- on the opportunities to offend, the need for a law
workers, prosecutors, law enforcement, judges, being of aging Americans. enforcement response is particularly acute.

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