The New York Department of Corrections decided recently to release Anthony Marshall from prison, only eight weeks into his one-to-three year prison sentence for committing fraud and a host of other crimes in taking advantage of his elderly mother, Brooke Astor. Given how few crimes of financial exploitation of the elderly are actually prosecuted, it’s a sad message to send.
The New York District Attorney’s office spent six months in trial and many millions to prosecute Anthony Marshall and his accomplice, attorney Francis X. Morrissey Jr., in 2009. Facing enormous odds trying to prove an 85-year old multi-millionaire illegally exploited his mother, they secured a conviction for 14 counts out of 16, for financial exploitation, fraud, and a host of related crimes.
Anthony Marshall To Be Paroled
Immediately, Marshall began raising legal challenges and appeals pleading poor health and his advanced age as a reason to avoid the consequences of his crime. Judge after judge rejected each one, finally landing the criminal in jail on June 21st.
It took less Read more...
The National Center on Elder Abuse defines Financial or Material Exploitation as:
The illegal or improper use of an elder’s funds, property or assets. Examples includes, but are not limited to, cashing an elderly person’s checks without authorization or permission; forging an older person’s signature; misusing or stealing an older person’s money or possessions; coercing or deceiving an older person into signing a document (e.g., contracts or will); and the improper use of conservatorship, guardianship, or power of attorney.
The Center lists the following warning signs and symptoms of exploitation and other forms of financial abuse:
- Sudden changes in bank account or banking practice, including an unexplained withdrawal of large sums of money by a person accompanying the elder;
- The inclusion of additional names on an elder’s bank signature card;
- Unauthorized withdrawal of the elder’s funds using the elder’s ATM card;
- Abrupt changes in a will or other financial documents;
- Unexplained disappearance of fund or valuable possessions;
- Substandard care being provided or bills unpaid despite the availability of adequate financial
A federal judge has decided that it’s time for actor Wesley Snipes to begin serving three years in jail, which he had been sentenced to two and a half years ago. The star of such films as Blade, White Men Can’t Jump, and U.S. Marshals was convicted of three misdemeanor sentences for willful tax evasion on May 1, 2008. After pursuing appeals (which failed) Snipes has been free on bail, but that now has come to end.
The Judge ruled:
The Defendant Snipes had a fair trial; he has had a full, fair and thorough review of his conviction and sentence by the Court of Appeals; and he has had a full, fair, and thorough review of his presents claims, during all of which he has remained at liberty. The time has come for the judgment to be enforced.
You can read the Judge’s full decision here.
At first blush, 36 months in prison may seem excessive. These are misdemeanors after all, and Snipes was exonerated of the Read more...