Investigating Elder Abuse Blog

Police charged Mark A. Genetiano of Kalihi, Hawaii with six counts of third-degree sexual assault on June 17th. Genetiano is accused of fondling three residents over a month period. He was being held in lieu of $250,000 bail.

Until his arrest Genetiano was a  nursing assistant at the Kahala Nui, an independent living, assisted living and skilled nursing facility. Media reports identify Genetiano as a Certified Nursing Assistant. A search of the Hawaii Department of Commerce & Consumer Affairs professional and vocational license database failed to locate any record Genetiano is a certified nursing assistant. A co-worker saw Genetiano abuse a patient and reported it to management.

Investigators researching nursing homes, assisted living facilities, and home health care companies should not overlook public records on a local level. Very often investigators start by obtaining filings made to a state agency overseeing these organizations. While this is important and a step that must be done, a parallel track should be undertaken to obtain any public records filed locally. These should include trade name certificates, building permits and property records.

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Bed sores, pressure sores or what are defined medically as decubitus ulcers, are common in elderly patients and can be life threatening if left untreated. Decubitus ulcers are caused by prolonged pressure on one area of the body. This pressure results in a lack of blood flow to the skin in that area, which can become an open wound that may evolve into a serious and possibility fatal infection.

The National Pressure Ulcer Advisory Panel, an organization dedicated to the prevention and treatment of pressure sores, defines each stage as follows:

• Stage I. A pressure sore begins as a persistent area of red skin that may itch or hurt and feel warm and spongy or firm to the touch. In blacks, Hispanics and other people with darker skin, the mark may appear to have a blue or purple cast, or look flaky or ashen. Stage I wounds are superficial and go away shortly after the pressure is relieved.
• Stage II. At this stage, some skin loss has already occurred — either in the outermost layer of skin (the epidermis), the skin’s deeper layer (the dermis), or in both. The wound is now an open sore that looks like a blister or an abrasion, and the surrounding tissues may show red or purple discoloration.
• Stage III. By the time a pressure ulcer reaches this stage, the damage has extended to the tissue below the skin, creating a deep, crater-like wound.
• Stage IV. This is the most serious and advanced stage. A large-scale loss of skin occurs, along with damage to underlying muscle, bone, and even supporting structures such as tendons and joints.

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BRB Publications has put up a new compilation of web links to state licensing agencies. At Verifyprolicense.com you will find links to various licensing agencies in each state. Bookmark this page as a useful way to research doctors, nurses, certified nursing assistants and nursing home administrators.

WBBM.com in Chicago has an interesting story about an elderly couple who has filed suit against a door-to-door vacuum sales company. The civil suit filed in Cook County Circuit Court alleges fraud and elder abuse on the part of a vacuum salesman from Seven Colors, Inc.

In the complaint 84 year old Valentina Libes and her 94 year old husband claim they sat through a 5 hour sales pitch in their native Russian language and purchased the $2,500 vacuum as a way to make the salesman go away. Twice during the 5 hours pitch the Libes daughter called and spoke to the salesman telling him not to sell anything to her parents and to leave. Each time the salesman promised to leave but stayed to continue his pitch.

Mrs. Libes and her husband are both disabled and unable to use the vacuum. After the Libes signed a sales contract to make the salesman go away the family contacted the company to explain what happened and refused to pay for the vacuum. The complaint alleges the company hired attorney Alex Pirogovsky to collect the debt and that he acted inappropriately when he sent a letter to the Social Security Administration as a ruse to try and trick Mrs. Libes into thinking her social security benefits could be taken to pay for the vacuum cleaner.

While most other countries have similar methods for determining nursing home care needs and ratios, they are all unique with the way in which they approach elderly care. Many European nations have instated free health care as part of social reform, which provides citizens with the ability to visit the doctor and take care of other health-related matters without relying solely on their health insurance or lack of it.

Many of these Scandinavian social welfare countries have succeeded in lowering the overall cost of nursing homes, but the related fear of abuse spans globally. Regardless of the amount of funds that go into nursing homes, there are still staff who have the possibility to abuse their patients, as well as family members who practice neglect and other forms of abuse on their own elderly family members.

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California investigators arrest two financial advisors and a real estate investor on charges of alleged investment fraud earlier this week. Investors said the company run by Armitage and Guidi, AGA Financial, was nothing more than a big Ponzi Scheme targeting elderly clients.

The arrests followed a year long investigation by state and local investigators. Authorities found more than 2,000 investors who claim to have lost more than $200 million investing with AGA Financial. The three men were charged with multiple counts of securities fraud and residential burglary. The burglary charge stems from the three men going to investors homes to pitch their fraudulent scheme.

The three men set up a string of corporations to manipulate investments and siphon off fees, revenue and profits while constantly circulating the remaining money to payoff investors in classic Ponzi style. The men targeted retirees with investment planning seminars that often pitched investing in senior housing and residential care facilities.

The three men are being held on $5 million bail and were scheduled for arraignments this week.

Gary Armitage

Jeff Guidi

James Koenig

If you plan to place a loved one in a nursing home or assisted living facility these are the top five things you need to know.

1. Who owns the nursing home?

Ask for the name of the person who owns the nursing home. If you are told the facility is owned by a company then ask who owns the company. Many facilities are owned by limited liability companies. The manager may not know for whom they work but you should at least get the company name and parent company names.

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Dixie County Sheriff’s Deputies responded to an Old Town, Florida home at the request of local EMS personnel. At the home of Jerry P. Holland and Donald K. Holland deputies and EMS found the Holland brother’s mother lying on the floor partially dressed with numerous sores and bruises. The home smelled of  human feces and urine.

A neighbor had come by the home, saw the mother on the floor and called 911. According to news reports Jerry Holland made statements at the scene indicating his mother had been on the floor for five days. Both Holland brothers were arrested and charged with Aggravated Abuse/Neglect of an Elderly Person.

825.102  Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties.–

(2)  "Aggravated abuse of an elderly person or disabled adult" occurs when a person:

(a)  Commits aggravated battery on an elderly person or disabled adult;

(b)  Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult; or

(c)  Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult.

A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The Akin Standard is reporting that three Graniteville, SC women have been arrested on various charges related to the financial exploitation of an elderly Graniteville resident.

Minni Lee Jeff, of Mt. Arthur Drive in Graniteville is charged with two counts of exploitation of a vulnerable adult. Authorities say she forced 78-year-old Elija Earl to live in a shed in her back yard without plumbing. While in her care Jeff is reported to have abused a power of attorney to steal the money from a  $160,000 settlement Mr. Earl had received from a settlement with Norfolk Southern Railroad after a train accident in town.

Authorities say Jeff spent more that $100,000 of the settlement money with very little of it going to Mr. Earl’s care.

Jeff’s sister Maudeine Mayer and an Angela Townsend have both been arrested in connection with the case and charged with obstruction.