District Attorney’s
Office teams up with local banks to prevent financial abuse
|
|
The county district attorney’s
office is getting a helping hand from banks in an effort to prevent financial
fraud against dependent adults and the elderly.
Among
other requirements, Senate Bill 1018, which became effective in January,
requires financial institutions to file a report within two days and act as
mandated reporters if they suspect that elderly or dependent adults are the
victims of financial abuse.
“Ideally,
the intent of the legislation is to make it a requirement that the financial
institutions immediately report abuse to law enforcement, which makes it more
efficient for law enforcement to respond so all the evidence can be salvaged as
quickly as possible,” said Deputy District Attorney Cynthia Nulman.
“Another
vehicle in which this law is helpful is it allows an independent person the
ability to be the voice for the abused, because oftentimes the elderly are not
able to report such abuse because they are dependent on the very people who may
be taking advantage of them,” she said.
Nulman added that many incidences of financial
abuse among the elderly and dependent adults go unreported, but said that the
District Attorney’s Office prosecutes approximately 15 cases of financial abuse
annually.
“In terms
of what is the most frequent type of elder abuse, it’s pretty standard across
the board,” she said. “We’ve seen
everything from real estate fraud to check fraud and manipulating elder adults
into giving money through undue influence.”
Banks,
credit unions and savings association are the financial institutions affected
by AB 1018. Information that is required to be reported includes number of
incidences of fraud, number of items paid that may
have created an overdraft, dollar volume of fraudulent items, dates and a copy
of the victim’s signature card.
The
county’s ombudsman office is also doing its part in educating dependent adults
and the elderly about resources that are at their disposal and how to defend
themselves against such crimes.
According
to Santa Barbara County Adult Protective Services, one out of 20 elderly people
will be the victim of abuse, either through neglect or financial, psychological
or physical mistreatment.
The Adult
Protective Services Program is a state program that investigates abuse among
the elderly and dependent adults. The
county receives about 1,500 reports each year of elder abuse, but according to
adult services, financial abuse is the fastest growing among the categories of
abuse and neglect.
The
service also has formed a financial abuse specialist team, which consists of
professionals, including lawyers, local law enforcement and the FBI. Though the
monthly meetings are closed, it investigates more difficult cases.
“We’re very happy that the DA’s office is
taking some initiative,” said Brad Parks, division chief for Adult Protective
Services for Santa Barbara County’s Department of Social Services. “We see the
financial abuse of elders and dependent adults as an epidemic. It’s a very
serious and extensive problem.”