CALIFORNIA CRIMINAL LAWYERS

Fighting a Senior Fraud Charge in California

The Severity of California’s Crimes Against Seniors and How to Defend Yourself

Senior fraud, which is a type of financial abuse committed against people aged 65 years or older, is strictly governed in California. It is a serious offense that could lead to large fines or long-term imprisonment when convicted. The state’s elder abuse law outlines a range of penalties for fraudulent activities against seniors, from petty theft to asset theft.

Senior fraud comes in different forms, from soliciting donations from seniors by posing as a charitable organization to tricking seniors to sign over the deed to their property or hand over cash under false pretexts. Common cases of senior fraud include:

– Pretending to represent a charity and soliciting donations from seniors
– Posing as a home repair company and taking money but not performing work
– Offering a senior a loan for an unaffordable product, knowing that the senior will default
– Convincing the senior to sign over property to you

A senior fraud charge is problematic, as innocent people are often accused of this crime merely by having normal access to seniors and their finances. For instance, if your grandparent gifts you a car, a relative could claim that you intimidated or encouraged the senior to transfer the property to you. In this instance, it is hard to prove your motivations, and you could find yourself facing prosecution for authentic transactions.

Penalties for senior fraud are similar to penalties for theft. The penalty for the offense depends on the amount stolen from the senior. If the victim lost $950 or lower, it is considered a misdemeanor. However, if the senior lost more than $950, you could be charged with either a misdemeanor or a felony.

Upon conviction, penalties for misdemeanor senior fraud include fines up to $1,000, a maximum sentence of a year in jail, and probation if it is your first offense. However, for a felony, you face up to four years in state prison, hefty fines of up to $10,000 and a strike on your criminal record. This strike could, under the California “three strikes” law, result in a life sentence if you are convicted of other felony offenses later.

A lack of malicious intent is the most common defense against senior fraud, particularly when a senior willingly transfers cash or property to family, friends or neighbors. Sometimes, seniors suffering from dementia make such decisions without their caregivers’ consent, and the caregiver could accuse you of senior fraud. Your attorney will present evidence to demonstrate that you had no ill motives when receiving such property or cash from the senior.

Your attorney can also prove that someone intentionally made a false accusation against you, leading to a not guilty sentence. Relatives or caregivers sometimes make false accusations when they develop jealousy towards your relationship with the senior, particularly when excluded from a will.

In conclusion, senior fraud is a serious offense that requires preparedness and skilled attorneys to fight charges and secure your freedom.

Examples of Senior Fraud Charges

When seniors fall victim to fraud, they are often devastated and could suffer financially for a prolonged period. According to the FBI, senior financial fraud causes losses estimated at $3 billion annually. It is, therefore, vital to acknowledge the different forms of senior financial fraud to detect it early and prevent senior financial abuse.

Fraudsters are known to pose as representatives of government agencies or charitable organizations, such as the Social Security Administration, to obtain seniors’ sensitive financial information. At other times, they could claim that the senior’s loved one is in danger, and they require cash to avoid the threat. Some common examples of senior fraud charges include:

Caregiver Theft and Abuse

This could include stealing debit cards or checks, opening fraudulent bank accounts or making unauthorized transactions. Caregivers could also persuade seniors to change their wills, trusts or other legal documents.

Telemarketing Scams

These scams happen when fraudsters cold-call seniors, claiming that they are a representative of a legitimate company or a charity, and trick them into sharing their personal and financial information. Sometimes, the fraudsters create false profiles of well-known corporations or charities, tricking seniors to make money transfers or donate money.

Sweepstakes Scams

Fraudsters convince seniors that they have won a large sum of money but will need to send a small fee first to receive the prize. By the time the senior realizes it is a scam, the fraudsters have already cashed the check or obtained their bank account details.

Identity Theft

This occurs when someone steals a senior’s identity by hacking computers, stealing wallets or mail, or cloning credit cards. The thief makes illegitimate purchases, and the senior is left with debt and poor credit.

How to Protect Yourself Against Senior Financial Fraud

In addition to knowing examples of senior fraud, you can protect yourself against senior financial fraud by being cautious of:

Unsolicited offers

Avoid responding to unsolicited offersthat claim you have won a prize or are eligible for a free product or service.

Threats or Intimidation

Fraudsters use threats to intimidate seniors, such as disconnecting power or water supply, to make them part with their money.

People you don’t know or trust

Avoid sharing your personal or financial information with strangers or people you don’t know.

Home repairs or unsolicited services and products

Be careful of accepting home repairs, unsolicited services or products from door-to-door sales people or over the phone. Check their legitimacy before committing.

Trusting too much too soon

Be cautious of new acquaintances who want to lend you money or invest in your ventures. Sometimes, they could have ulterior motives that could lead to financial loss.

By being diligent and communicating with your loved ones, you can protect yourself from senior financial fraud.