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Feb 8, 2010

Edward Abbott Ravenscroft hoists the suitcases off what passes these days for his bed: an old couch in a cramped house that, to be kind, has seen better days.

It's not the sort of living arrangement you'd expect to see for a man worth millions. But then, Ravenscroft is not just any millionaire. He's a millionaire being protected by Maricopa County's probate court.

"No way should I have to live like this," Ravenscroft told me while removing the suitcases he puts in place to keep his landlord's dogs away.

Ravenscroft, 49, is part of the Abbott family, as in Abbott, the pharmaceutical giant. According to court records, he's worth $5 million and has an income of $150,000 a year in stock dividends.

His current living arrangements, I'm told, are for his own good. Based on the billings to Ravenscroft's estate that I've seen, I'd say it's not so bad for his court-approved protectors either.

In early 2008, Ravenscroft was in a bad way. He'd lost 16 years of sobriety, was hanging with an unsavory crowd and was arrested three times for drug possession. During one of those arrests, he was carrying nearly $6,000 in cash.

He was put on probation but was back in jail by January 2009, for, among other things, not complying with drug and psychiatric treatment. His probation officer expressed concern that he could be victimized, given his bankbook.

And so Ravenscroft was handed over to the care and protection of probate court, a cozy group of lawyers and fiduciaries who are appointed to help vulnerable people but also do a pretty good job of helping themselves to a nice pile of cash.

In January 2009, attorney Paul Theut was named Ravenscroft's guardian ad litem, and within a month Theut asked that Sun Valley Group be brought in to oversee the millionaire's estate. Ravenscroft, he wrote, cannot manage his affairs due to drug and mental-health issues and "has property that will be wasted or dissipated unless proper management is provided."

So they proceeded to manage it for him.

According to court records, Theut collected $62,000 from Ravenscroft in his first 3½ months as guardian ad litem.

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Probate Court Lets Millionnaire Fall By Wayside

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Posted: Feb 8, 2010 10:05pm
Feb 8, 2010

A disbarred Marshall County attorney accused of stealing $66,000 from clients is out of jail on a $20,000 bond.

Law enforcement agents arrested Lawton Fuller, 54, of Albertville on Jan. 29 on an eight-count indictment.

Curtis Summerville, spokesman for the Alabama Bureau of Investigation, said Friday Fuller faces two charges of first-degree theft, three for possession of a forged instrument and three for forgery.

The Alabama Supreme Court disbarred Fuller on July 9 after the State Bar's Disciplinary Commission found evidence leading it to believe that Fuller had misappropriated and mismanaged client trust funds.

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Disbarred Lawyer Out on $20K Bail

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Posted: Feb 8, 2010 10:03pm
Feb 8, 2010

Charges were quietly dropped against Las Vegas attorney Jill Hanlon, who had been accused of victimizing an elderly man when she was his attorney in 2005 and 2006. The charges were dismissed in August in open court at the request of Senior Deputy Attorney General David Rickert.

Until last week, the possibility existed new charges could be filed.

Hanlon had been charged in May with one count of elder exploitation and two counts of filing a false document. The complaint alleged she charged Richard Sage $16,800 for 10 hours work, or $1,680 an hour.

"That started the crumbling and cracking of this case," said her attorney George Kelesis.

She had a $1,400 a month retainer, but the state investigator lumped it all together like it was a bill for 10 hours of work over one month, not a retainer over 14 months, Kelesis said.

The case is still pending against Hanlon's former co-defendant, Jamal Eljwaidi. He is charged with six separate counts of elder exploitation and accused of defrauding Sage of more than $400,000 in a real estate investment. Hanlon represented Sage.

Eljwaidi's trial is set for April 26 before District Judge Ken Cory.

In newspapers, the headlines are always bigger when charges are filed than when they are dismissed. Hanlon deserves fairness when charges are dropped. So I'm making sure she gets it in this column.

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Exploitation Charged Against Attorney Quietly Dropped

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Posted: Feb 8, 2010 10:00pm
Feb 7, 2010
A Massachusetts probate judge recently ordered prominent Boston family lawyer Gerald Nissenbaum and another attorney to refund a client's estate nearly $329,000 in excess legal fees.

Plymouth County Probate and Family Court Judge Stephen Steinberg's Jan. 14 order gave the attorneys 30 days to make the payments.

The Barnstable County probate case, In re Guardianship of Kenneth E. Simon, ended up on Steinberg's docket after the Massachusetts Appeals Court recused Judge Robert Scandurra of the Barnstable Probate and Family Court in December 2007. The decision does not address the basis for that recusal.

According to Steinberg's order, Simon's guardian, E. James Veara of Dennis, Mass.-based Zisson & Veara, and Nissenbaum sought about $500,000 in attorney and guardian fees for an 83-day guardianship of Simon, which ended with Simon's death on Nov. 2, 2005.

Steinberg's order requires Nissenbaum to repay Simon's estate more than $199,000 and Veara to repay more than $107,000. Together, the two lawyers must also repay the estate more than $21,000 for payments to legal vendors during the guardianship.

"From the very beginning of this case, the tactics undertaken by Nissenbaum and Veara were improper," wrote Steinberg, who determined that "Nissenbaum and Veara wildly spent the ward's money." He noted that Veara, who did not return a call for comment, increased his billing rate to $400 per hour for the case from his average $100 to $300 per hour.

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Mass. Judge Orders Two Lawyers to Refund $329K in Excess Fees to Client's Estate

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Posted: Feb 7, 2010 10:05pm
Feb 7, 2010
A second person has been accused of scheming to embezzle more than $1 million from a prominent local rheumatologist who also served as assistant dean at the Michigan State University Medical School.

Steven B. Neil, 30, of Flint Township has been charged with embezzlement in what is believed to be the largest case of alleged financial exploitation ever investigated by the Genesee County elder abuse task.

His wife, Andrea R. Neil, 30, was charged with elder abuse and embezzlement in the case in December.

The Neils were paid $2,200 a week to provide care and mow the lawn for Dr. Dorothy Mulkey, 73, of Flushing, but are believed to have stolen more than $1 million from her during the years Andrea Neil was employed as a caretaker, said Genesee County Sheriff Robert Pickell.

Steven Neil is accused of obtaining a signature on a financial document by fraud when they allegedly made Mulkey cash in an IRA worth $898,000 — which cost Mulkey about $365,000 in penalties — so the couple could buy a home in California, Pickell said.

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Steven B. Neil Becomes the Second Charged in Genesee County's Largest Elder abuse Case

See Also:
Biggest Swindle That Elder Abuse...Has Ever Handled

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Posted: Feb 7, 2010 10:03pm
Feb 7, 2010
A Sylvania lawyer appeared in Lucas County Common Pleas Court on charges that he stole from clients.

William A. Garrett, 68, who is charged with two counts of grand theft, was suspended from practicing law in November. Mr. Garrett had been licensed in Ohio since 1970.

[H]e requested additional time to hire an attorney before he was taken to the Lucas County jail to be fingerprinted and photographed. Judge Gary Cook set a Feb. 17 arraignment date and released him on his own recognizance.

Mr. Garrett is charged with misappropriating between $16,700 and $26,500 from two clients last year. If convicted, he faces up to three years in prison.

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Sylvania Lawyer Charged With Thefts From Two Clients

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Posted: Feb 7, 2010 10:02pm
Feb 6, 2010
A cat with an uncanny ability to detect when nursing home patients are about to die has proven itself in around 50 cases by curling up with them in their final hours, according to a new book.

Dr David Dosa, a geriatrician and assistant professor at Brown University, said that five years of records showed Oscar rarely erring, sometimes proving medical staff at the New England nursing home wrong in their predictions over which patients were close to death.

The cat, now five and generally unsociable, was adopted as a kitten at the Steere House Nursing and Rehabilitation Centre in Providence, Rhode Island, which specialises in caring for people with severe dementia.

The tortoiseshell and white cat spends its days pacing from room to room, rarely spending any time with patients except those with just hours to live.

If kept outside the room of a dying patient, Oscar will scratch on the door trying to get in.

When nurses once placed the cat on the bed of a patient they thought close to death, Oscar "charged out" and went to sit beside someone in another room. The cat's judgement was better than that of the nurses: the second patient died that evening, while the first lived for two more days.

Dr Dosa and other staff are so confident in Oscar's accuracy that they will alert family members when the cat jumps on to a bed and stretches out beside its occupant.

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Cat Predicts 50 Deaths in RI Nursing Home

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Posted: Feb 6, 2010 10:05pm
Feb 6, 2010

Scientists have detected glimmers of awareness in some vegetative brain-injury patients and have even communicated with one of them — findings that push the boundaries of how to assess and care for such people.

The new research suggests that standard tests may overlook patients who have some consciousness, and that someday some kind of communication may be possible.

In the strongest example, a 29-year-old patient was able to answer yes-or-no questions by visualizing specific scenes the doctors asked him to imagine. The two visualizations sparked different brain activity viewed through a scanning machine.

“We were stunned when this happened,” said one study author, Martin Monti of Medical Research Council Cognitive and Brain Sciences Unit in Cambridge, England. “I find it literally amazing. This was a patient who was believed to be vegetative for five years.”

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Vegetative Brains Show Glimmers of Awareness

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Posted: Feb 6, 2010 10:03pm
Feb 6, 2010

Before jurors found a Marietta man guilty of using investment schemes to take more than $2 million from a woman in her 80s, they a got to see how a real man of confidence works, District Attorney Pat Head said.

"That's what a con man is - a man who is able to gain people's confidence," Head said. "Fortunately, he did not get the confidence of the jury."

In Cobb Superior Court, jurors found Frank Constantino, 64, guilty of three counts of theft by taking, three counts of exploitation of an elder person, six counts of violating the Georgia Securities Act, and one count of violating the Georgia Racketeer Influenced and Corrupt Organizations Act. They could not come to a unanimous decision on 16 other counts of theft and violations, thus were deadlocked.

Superior Court Judge Adele Grubbs will sentence Constantino Feb. 18 at 1:30 p.m. Head predicts he will get ten to 20 years, which could be a combination of prison and probation if the man agrees to restitution for the elder woman, Judy Cox.

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Marietta Man Guilty of Bilking $2Mil From Elderly Woman

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Posted: Feb 6, 2010 10:01pm
Feb 6, 2010

City Municipal Court Judge Robert E. Messham Jr. is not in violation of any state law by hearing drunk driving cases despite awaiting pretrial on the same charge, according to the Supreme Court of Ohio.

On Jan. 26, Messham, 63, was arrested in Miami Twp. for operating a vehicle under the influence and sideswiping another vehicle. Police said he refused a Breathalyzer test, which warranted an automatic suspension of diver’s license for one year under Ohio law.

Messham, who was appointed by Gov. Richard Celeste in 1989 and re-elected three times, returned to the bench Feb. 1 after pleading not guilty.

His driver’s license has been suspended and his pretrial hearing is set for April 13.

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Judge Facing Drunk Driving Charge Can Hear Same Cases, Court Says

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Posted: Feb 6, 2010 10:00pm

 

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Nasga Stop Guardian Abuse
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