Page 31 - January 2020 BarJournal

CRIMINAL LAW FEATURE

During February 2018, the Department of
Justice coordinated the largest sweep of elder
fraud cases in history, involving more than 250
defendants around the world who victimized
more than a million Americans, most of whom
were elderly. This sweep was part of ongoing
efforts by federal, state, and local prosecutors
working as partners with law enforcement and
agencies that serve the elderly to protect our
seniors from those who seek to defraud them. In
the Northern District of Ohio, the U.S. Attorney’s
Office successfully prosecuted fraudsters who
targeted the elderly.

The following scams are typical in the Northern
District of Ohio:
“Grandparent bail scam”
Callers purport to be a grandchild and request
the victim to send cash immediately due to a
traffic accident that resulted in the caller being
arrested and placed in jail.
“Lottery phone scam”
Callers convince seniors that a large tax or fee
must be paid before one can receive lottery
winnings, often from Jamaica.
“Romance scam”
Callers lull victims into believing that an
online love interest needs funds to travel
to the United States or for some other
purported charitable purpose.
“IRS imposter scam” community partners, including the Cuyahoga
Callers pose as an IRS agent and claims that County Scam Squad at (216) 443-SCAM, the FTC, Brian McDonough is an Assistant
the victim owes back taxes. Payment must be the FBI, the IRS, the United States Postal Inspection United States Attorney in the Office
made immediately via gift card, wire transfer, Service, the Treasury Inspector General for Tax of the United States Attorney for the
or crypto currency to avoid arrest. Administration, the Ohio Attorney General’s Northern District of Ohio in the
The harm from these scams is measured by Office, the Cuyahoga County Prosecutor’s Office, Criminal Division’s White Collar
more than the total dollar amount of the loss. or any local police department. Crimes Unit. He supervises investigations and
While wide-ranging schemes to defraud older Together with our federal, state, and local prosecutes a variety of complex financial crimes,
Americans can certainly involve large amounts partners, the Department of Justice is steadfastly including investment fraud, heath care fraud, bank
of money, they consistently inflict significant committed to combatting all forms of financial fraud, wire fraud, mail fraud, securities fraud,
psychological damage upon the victims. As with exploitation and abuse and through enforcement identity theft, tax, civil rights, and public corruption.
financial loss, elderly victims can be ill-equipped actions, training and resources, research, victim He also serves as the Elder Justice Coordinator for
to recover from such harm. services, and public awareness. This holistic and the Northern District of Ohio and works with federal,
Although financial fraud is typically committed robust response demonstrates the Department’s state, and local law enforcement and community
against seniors from strangers, including call unwavering dedication to fighting for justice for partners to combat elder fraud and abuse. Before
centers in Costa Rica, India, and West Africa, older Americans. joining the Office of the United States Attorney,
non-strangers are also sometimes involved. Reaching the golden years of life should AUSA McDonough was an Assistant Cuyahoga
Usually, in cases of elder abuse, the perpetrator is bring respect and comfort to those who have County Prosecutor for over 13 years, where he
a family member or care provider. worked hard and sacrificed to enjoy retirement. prosecuted violent crimes, including a cold-case
Elder abuse is an intentional or negligent Unfortunately, many unscrupulous actors see homicide that NBC’s Dateline featured. When he is
act by any person that causes harm or a serious seniors as prey for scams and schemes that can add not working, Brian enjoys competitive rowing and
risk of harm to an older adult. Elder abuse is a undue stress to a time when it is most unexpected. belongs to the Western Reserve Rowing Association.
severe crime against some of our nation’s most The Elder Justice Initiative is committed to today’s He serves as Chair of the Government Attorneys
vulnerable citizens. seniors, America’s greatest generation, those who Section. He has been a CMBA member since 2000.
Victims of financial fraud can report scams have earned the right to enjoy their golden years He can be reached at (216) 622-3965 or brian.
to our federal and state law enforcement and safe, secure, and protected from fraud and abuse. mcdonough@usdoj.gov.

JANUARY 2020 CLEVELAND METROPOLITAN BAR JOURNAL | 31