Kevin F. Kiley – ‘Able to intercede’

Basking in the convivial glow of holiday meals, still gorging on the remnants of the bird, it’s hard to imagine that some sharing the table with their folks are actually planning on stealing them right out of their homes.

According to the Suffolk County District Attorney’s Office, financial crimes against the elderly are on the rise. Financial and real estate crimes against those 60 years of age and older can have a severe impact on the overall well-being of the person, said Michael A. Uhlarik, assistant district attorney and chief of the Elders & Persons With Disabilities Unit.

That’s something that our unit has become aware of. Financial fraud cases in the court system are not looked upon as being as egregious as a crime of violence. There’s no blood, no bruising. Unfortunately, those cases are not at a high level of attention, he said. So the district attorney’s office has been trying to educate both the public and the court system about the long-term devastating effects such crimes have.

Even though there is no physical injury as a result of the financial or real estate fraud that went on, the well-being of the senior is greatly diminished because psychologically, emotionally and physically, they’re going to be drained as a result. It’s a blow to one’s ego and psyche and the elder will suffer, he said.

Uhlarik’s unit handles about 125 cases a year involving the elderly. In addition to that, Uhlarik said, his unit has encountered several cases where problems not related to the original crime come to light. For example, an investigation stemming from the robbery of an elder might reveal other problems at home. The victim might keep money at the home instead of in a bank and may have no family or friends to help out or even bring them to the grocery store. So if we walked away and just prosecuted the robbery case, we would be leaving her at risk, he said. However, because of the caseload, there’s only so much the district attorney’s office can do for the victim.

For that reason, a roundtable was created in June of 2000 that brings together several social service, industry and governmental agencies that can pool resources to connect the elderly with the right people to help solve problems. The group meets once a month to discuss the cases. In its first year, the Suffolk County Elder Protection Roundtable handled 12 to 15 cases handed over to it by the district attorney’s office.

While not all the cases have been completely resolved, the elders in those cases are now on the map, said Uhlarik.

We pluck someone from the city who had fallen through the cracks; no one knew about them, he said. Now they are in the databases and they can be monitored to make sure they don’t go without help again.

Kevin F. Kiley, executive vice president and chief operating officer of the Massachusetts Bankers Association and a member of the roundtable, gave one classic example of how it works. We had one [senior] involved in a foreclosure that was imminent. We were able to stop the foreclosure because the banks worked with social services. We’re not going to forgive whatever the loan is, but we’re able to intercede, get the opportunity for the bank to work with a social service agency so that the person had the capacity to get back on their feet, he said. The roundtable members work together to forestall a multiplicity of things that would make the situation much worse, said Kiley.

In another case, the elderly victim transferred title of a home to a son without realizing the implications. So attorneys from the roundtable put a freeze on the title, ensuring the property can’t be sold to another party until the matter is resolved.

We have noticed an increase in those sort of [family-related] cases, said Uhlarik. Although it’s a horrid crime to be hoaxed out of your home, the crime is even more devastating when perpetrated by a relative, he said.

Roundtable members say they are particularly proud of one case where they saved a woman from losing her home. She was two years away from paying off her 30-year mortgage when her daughter started taking the payments. According to Richard J. Sullivan Jr., staff counsel for the Greater Boston Real Estate Board and a member of the roundtable, foreclosure procedures had begun against the woman without her knowledge. Although the district attorney’s office had made some calls, it was a call by Kiley that got the attention of the lending institution.

Kevin called senior management [at the lending institution] and the brakes were thrown on and they investigated, said Sullivan.

Cooperative Model
According to another roundtable member, Jacquelyn Lamont, a victim witness advocate with Uhlarik’s unit, the roundtable provides an in with other agencies that results in action.

Although the district attorney’s office tries to answer as many questions as possible for victims, sometimes it’s easier for another member of the roundtable, someone in the banking community, for example, to answer questions such as what steps should be taken when credit card fraud is perpetrated.

Members of the roundtable also include the Volunteer Lawyers Project, Boston Legal Services, AARP, the Boston Commission on Affairs of the Elderly, the Attorney General’s Office, ETHOS Protective Services, the law firm of Choate Hall & Stewart, the Executive Office of Elder Affairs and Family Services of Greater Boston.

In addition to intervening in cases, the roundtable has another goal this year, that of educating the public. According to Uhlarik, the roundtable is looking at protocols that registrars or real estate agents can follow when it comes to questionable transactions such as a mother selling a son a property for $1. The protocols would ensure a third party protects the elder.

It has also taken a look at a Maine law to give some guidance in possible legislation for the Bay State.

If an elder is involved in a real estate transaction [with] someone who has a confidential or fiduciary relationship and this transaction was for a questionable amount of money, there’s a presumption that the transfer was a result of undue influence unless the elder was represented by independent counsel, said Uhlarik. Having such a statute in this state would help the district attorney’s office prosecute such cases.

But convincing the victim that prosecution is best is a challenge.

Unfortunately, when the crime is perpetrated by a family member, we’re faced with the hurdle of trying to get the elder to cooperate with us because they don’t want to see their relative going to jail, he said. Often elders use a cost/benefit analysis. They will accept the abuse that’s being inflicted by the relative because the relative can do good things for them – take them to the supermarket, shovel the sidewalk, have a cup of tea with them. They’d rather put up with the abuse than lose the family connection, he said. Although protective services can fill the gap, sometimes the roundtable is a more viable answer for elders.

I don’t think I’ve ever had someone refuse the roundtable. Sometimes they don’t want us to prosecute criminally, but the roundtable isn’t as threatening to them, said Lamont.

A little intervention by the right person can make the difference between someone losing their home and keeping their dignity.

Uhlarik said the roundtable is being used by other counties in the state as an example of a successful collaboration among entities.