FINANCIAL EXPLOITATION OF THE ELDERLY
Nicholas Priymak
B.S., Kiev Civil Engineering Institute, 1993
PROJECT
Submitted in partial satisfaction of
the requirements for the degree of
MASTER OF SCIENCE
in
CRIMINAL JUSTICE
at
CALIFORNIA STATE UNIVERSITY, SACRAMENTO
FALL
2009
FINANCIAL EXPLOITATION OF THE ELDERLY
A Project
by
Nicholas Priymak
Approved by:
__________________________________, Committee Chair
Sue C. Escobar, J.D., Ph.D.
____________________________
Date
ii
Student: Nicholas Priymak
I certify that this student has met the requirements for format contained in the University
format manual, and that this project is suitable for shelving in the Library and credit is to
be awarded for the Project.
__________________________, Graduate Coordinator
Yvette Farmer, Ph.D.
Division of Criminal Justice
iii
________________
Date
Abstract
of
FINANCIAL EXPLOITATION OF THE ELDERLY
by
Nicholas Priymak
Financial crimes against the elderly are social ailments recognized by law enforcement
agencies, social services agencies and the general population. The ramifications of these
crimes, however, are not clearly understood. Further research is required in order to fully
understand the dynamics and the other issues rooted in these crimes. This project
develops a course curriculum that may be used as a mechanism in educating both
criminal justice and social work students as to the importance of understanding,
recognizing and assisting elders who have been or are at risk of becoming victims of
financial exploitation.
_______________________, Committee Chair
Sue C. Escobar, J.D., Ph.D.
_______________________
Date
iv
ACKNOWLEDGEMENTS
This curriculum project was written to bring light to a very dark subject. The very
individuals, who have paved the way for our future, have oftentimes been left behind and
neglected. Many have been taken advantage of and abandoned. It is my desire to bring
recognition and support to those who are too weak to defend themselves. The elderly
around the world deserve happiness, contentment and peace in their golden years. This
project is dedicated to Alpha O. Henson, who lived a life of service and deserved to be
served.
I would like to thank my parents, Nikolay and Tamara Priymak, for encouraging
me to aspire to higher education. They have given me the opportunity to reach my goals,
resulting in intellectual and professional growth. Due in part, to their support and
encouragement, I am currently working in the field of law enforcement.
v
TABLE OF CONTENTS
Page
Acknowledgements………………………………………………………………..v
Chapter
1. INTRODUCTION……………………………………………………………..1
Statement of the Problem…………………………………………………...1
Purpose of the Project………………………………………………..……...3
Definitions of Terms……….………………………………………………..4
2. LITERATURE REVIEW……………………………………………………....6
Definition of Financial Abuse……………………………………………….8
Incidents of Financial Abuse of the Elderly………………………………..10
Challenges Associated with Addressing Financial Exploitation…………...13
Underreporting of Financial Abuse………….……………………………..14
Law Enforcement Issues……………………………………………………15
Characteristics of Victims…………………………………………………..16
Risk Factors Contributing to Elder Abuse………………………………….18
Characteristics of Perpetrators………………………………………………21
3.
PROJECT PROCESS………..………………………………………………...28
Teaching Approaches and Bloom’s Taxonomy…………………………….31
4.
CONCLUSION……………………………………………………………..…33
Findings and Recommendations……………………………………………36
Appendix A.
Syllabus………………………………………………………….38
Appendix B.
Lesson Plans……………………………………………………..42
vi
Appendix C.
Basic Guidelines for Book Review……………………………...48
Appendix D.
Grading Criteria for Research Paper Assignment……………....49
Appendix E.
Recommended Guidelines for the Research Paper…………….51
References …………………………………………………...................................53
vii
1
Chapter 1
INTRODUCTION
Statement of the Problem
The aging process is one that every individual experiences. Unfortunately, the
elderly often become targets of physical abuse, neglect, and financial abuse. Although
there are social services agencies dedicated to protecting the elderly against abuse, it is
likely that these agencies primarily function as a deterrent against physical abuse of the
elderly since this type of abuse may be detected by neighbors, family members and the
medical profession. Financial exploitation of the elderly is not tangible and is difficult to
detect. Therefore, this type of abuse is often unnoticed. Social work and criminal justice
professionals must be educated in detecting and protecting the elderly from this type of
abuse. Nerenberg (2000) noted that local and federal law enforcement agents do not
have training available to effectively distinguish financial abuse against the elderly from
other types of crime. In order to effectively conduct an investigation of financial crimes
that would result in the prosecution of predators, investigators must possess knowledge of
civil law as well as principles of social work. If law enforcement agents cannot recognize
financial exploitation, an investigation cannot be initiated.
The aging process comes with many changes and challenges. The elderly often
become victims of financial abuse, which compromises their security, attacks their
autonomy and undermines their sense of self (Nerenberg, 2003). The loss of life-time
savings may be detrimental to the independence of the elderly resulting in destruction and
devastation. While financial exploitation does not cause physical injuries, it has a
2
devastating effect on the lives of the victims. Although financial crimes are committed
against people of all ages, the impact suffered by the elderly is much greater due to the
inability of these victims to replace the financial losses (Nerenberg, 2000).
According a study conducted by MetLife Mature Market Institute (2009), in 2006
the number of women over 65 years of age was equal to 21.6 million and men of the
same age, 15.7 million. The Administration on Aging reported that individuals 65 years
of age and older comprised nearly 13 % of the population. A growing number of elderly
individuals in the population will result in a wide variety of issues being raised. One
issue is how society will be able to protect the elderly from abuse in general and financial
exploitation of that population, in particular. If the current level of financial abuse of the
elderly population remains the same, a steady increase in elderly population will result in
the dramatic increase in the number of elderly people falling victim to financial abuse.
Increase in the elderly population, technological progress, and social
transformation contribute to the dramatic increase in upcoming levels of financial
exploitation of the elderly (Nerenberg, 2008; MetLife Mature Market Institute, 2009).
Since 1997, the number of older Americans increased from 11.2% in 1997 to nearly 13%
in 2009. According to U.S. Census Bureau (2007) people ages 65 and older comprised
close to 17% of the population and by 2030 the same segment of the population will
comprise of approximately 25% of the U.S. population.
Crosby, Clark, Hayes, Jones, & Lievesley (2008) indicated that financial abuse of
the elderly was one of the most frequent types of elder abuse. Approximately 57,000
individuals aged 66 and older suffered from financial abuse. In 2006, elderly abuse
3
became the most recurrent type of abuse following neglect in the United Kingdom. In the
United States, each year between 2,500,000 and 3,000,000 elderly persons are being
abused, neglected or exploited (Pavlik et al., 2001). Additionally, a national Survey of
State Adult Protective Services (2004) estimated the number of victims of elder financial
abuse to be between the low 100,000 to over 1,000,000 occurrences per year (MetLife
Mature Market Institute, 2009). Until 1981, legal recourse for elderly victims who
suffered from financial abuse did not exist.
Purpose of the Project
The purpose of this project is to provide a curriculum for developing a university
level course that would seek to assist both criminal justice and social work students to
achieve a better understanding of the role of each discipline and how a collaborative
effort may function as a mechanism in deterring the financial exploitation of the aging
population. This course curriculum is intended to serve as a guide for instructors who
wish to teach a course on financial exploitation of the elderly.
This course is focused on providing criminal justice and social work students
with an inside look at the criminological basis for investigating financial crimes against
the elderly. The course will also provide a context for how and why these crimes occur
and assist students in gaining a better understanding of state and federal criminal laws
pertaining to financial exploitation of the elderly. Lastly, this course will show the
significant role the field of social work has on the judicial process and an understanding
of the different factors that contribute to the financial exploitation of the elderly, effective
4
prevention measures, key interventions points, and appropriate responses that would lead
to the effective prosecution of individuals charged with this type of crime.
This course will outline the need for the establishment of a working relationship
between the social work profession and law enforcement agencies. The establishment of
this working relationship is crucial in combating crimes against the elderly. Financial
crimes often occur across jurisdictional boundaries and can not be attached to any single
jurisdiction (Nerenberg, 2000). Therefore, it becomes clear that effective enforcement of
laws pertaining to the financial exploitation of the elderly requires cooperation between
all levels of laws enforcement, including federal, state, and local jurisdictions.
During this process, the field of social work will serve as the link between elderly
and law enforcement agencies and society by alleviating the factors that render the
elderly susceptible to these types of crimes. Additionally, social work practitioners would
serve as victims’ advocates to ensure that victims’ rights are protected. Law enforcement
agencies are taxed with protecting the elderly from victimization and revictimization.
Definition of Terms
For the purpose of this project, the field of social work shall be defined as the
social work professionals that include practitioners and social services providers (MetLife
Mature Market institute, 2009).
Financial exploitation against the elderly is defined as “the unauthorized use or
illegal taking of funds or property of people aged 60 or older” (MetLife Mature Market
Institute, 2009, p.4).
5
Law enforcement is defined as a part of the criminal justice system responsible
for the investigation of financial crimes and includes local law enforcement agents such
as police and sheriff’s detectives, prosecutorial investigators, state and federal
prosecutors including Deputy District Attorneys (DDA), Assistant United States
Attorneys (AUSA), and federal agents.
Adult protective services defined as preventive and remedial activities performed
on behalf of elder and dependent adults who are unable to protect their own interests due
to incompetence, mental limitation, poor health (Cal. Welf. & Inst Code § 15610.10
(2009).
Adult protective services agency (APS) defined as a county welfare department
(Cal. Welf. & Inst Code § 15610.13 (2009).
6
Chapter 2
LITERATURE REVIEW
Crimes against persons link the field of social work and law enforcement agencies
to one another. Law enforcement investigates these types of crimes and victims of these
crimes are often referred to social work practitioners in order to deal with the aftermath
of victimization. Miles (2009) indicated that financial exploitation against the elderly is
one of the most widespread areas of elder abuse in the UK. With changes in a
demographic makeup of the population as well as specific attention drawn to the issue of
financial abuse against the elderly, the numbers of reported cases of abuse will most
likely increase. More research dedicated to the financial abuse of the elderly is needed in
order to accurately uncover the various complex issues rooted in this type of crime.
The review of the literature conducted for the preparation for this project has
shown that there have been few studies conducted on the nature, extent, and causes of
financial exploitation of the elderly. The need for more information about the type of
financial abuse as well as the prevalence of its occurrence is essential for the guidance of
social work practitioners and law enforcement personnel. This process is aimed to
redirect social, legal, and enforcement policies toward effectively addressing this issue, as
well as encourage further research regarding this social ailment.
Even though the field of social work has accumulated a wide range of literature
devoted to elder abuse in general, literature addressing the financial exploitation of the
elderly specifically is minimal (Wilberg & Reynolds, 1996). This type of abuse has been
7
difficult to identify investigate, and prosecute because of the ambiguity of the definitions
related to the financial abuse of the elderly (Wilberg & Reynolds, 1996).
The lack of an acceptable and well formulated definition of abuse against the
elderly, including financial abuse, is and will continue to be a significant obstacle in the
understanding of the extent, patterns, and causes of abuse in general and financial
exploitation in particular (Myers & Shelton, 1987). Most researchers agreed that for the
abuse to take place the act of abuse must be intentional (Legal Research and Services for
the Elderly, 1979). The act of financial exploitation is a criminal act, yet is not life
threatening. However, it does deprive the victims of their independence, income, and
assets (Giordano, 1984). In some cases, financial exploitation against the elderly is
leading to the elderly developing a reliance on public assistance programs for care
including but not limited to cash, medical, and food assistance. Depletion of personal
finances through financial exploitation renders loss of financial independence which
leads the victims to become reliant on government sponsored assistance programs to
survive (Nerenberg, 2008). Tax payers become burdened with the responsibility for
providing monetary and other benefits to these victims.
Many studies conducted on financial exploitation of the elderly conclude that
financial exploitation of the elderly is a serious social problem and most likely will
increase with time (MetLife Mature Market Institute, 2009). The exploitation of the
elderly is expected to increase with increase in the numbers of elderly persons over
several decades. Life expectancy in males and females in the United States is increasing
due to technological advances made in medicine and the pharmaceutical industries
8
(MetLife Mature Market Institute, 2009). In other words, the elderly will live longer. For
instance, Giordano (1984) indicated that the population of individuals 65 years of age and
older in the United States constituted 10.3% in 1975. In the year 2000, the population of
this age group increased to 12% of the United States population (U. S. Census Bureau,
2007). If not addressed now, financial exploitation will have serious negative effects on
the well-being of the elderly.
Financial exploitation of the elderly in general is commonly linked to other forms
of abuse and is one of seven well defined and recognized types of abuse against elderly,
which includes: physical, sexual, or emotional abuse, neglect, self-neglect, and
abandonment (Nerenberg, 2008). Financial exploitation is distinguished from other forms
of fraudulent activity towards older individuals, by virtue of the fact that the abuse is
committed by two distinct types of perpetrators: a person of trust or a family member and
individuals who specifically target the elderly (Nerenberg, 2008).
Definition of Financial Abuse
The Older Americans Act (2006) defines financial exploitation of the elderly as
“…the fraudulent or otherwise illegal, unauthorized, or improper act or process of an
individual, including a caregiver or fiduciary, that uses the resources of an older
individual for monetary or personal benefit, profit, or gain or that results in depriving an
older individual of rightful access to or use of, benefits, resources, belongings, or assets”
(Sect. 102(a)18(A)).
Many researchers including but not limited to Wilber & Reynolds (1996),
Nerenberg (1999), and Cohen (2006) agreed that there is no well established definition of
9
financial exploitation of the elderly is use today. Wilber & Reynolds (1996) explicate
that exploitation of the elderly could be presented in several different ways such as:
financial exploitation, financial mistreatment, maltreatment, financial abuse, material
abuse, fiduciary abuse, and economic victimization. Financial exploitation may also be
explained as theft, misappropriation of the funds of an elder for one’s own gain through
coercion, misrepresentation, or even theft. Giordano (1984) defined financial exploration
as “the theft or conversion of money or objects of value belonging to an elderly person by
a relative or a caretaker” (p.233). Such an act against the elderly could also be carried
out by force or misrepresentation.
Sev’er (2009) referred to the financial abuse of the elderly as economic abuse
that also incorporated such issues as financial manipulation and exploitation. In a long list
of economic elder abuse Sev’er (2009) and White (2007), each independently included
theft, fraud, forgery, extortion, charging excessive fees for services. The most severe
form of economic abuse according to Sev’er (2009) is the selling of real property of the
seniors without their permission, and the changing of their will by force. Other forms of
elder financial abuse includes forcing the elderly to work without pay, such as babysitting
or residing in the elderly’s home without any compensation.
Financial exploitation of the elderly has been also explained as improper use of
the elderly’s assets (MetLife Mature Market Institute, 2009) and ranges from the theft of
cash to the theft of life long investments. Even though many studies have been
conducted on the mistreatment of the elderly, financial exploitation has received minimal
exposure or has not been assessed at all. MetLife Mature Market Institute (2009) agreed
10
that a universally excepted definition of elder financial abuse has not been established.
For example, the aforementioned study defined financial exploitation defined as “the
unauthorized use or illegal taking of funds or property of people aged 60 or older” (p.4).
The Select Committee on Aging (1981) defined financial exploitation against the
elderly as the act involving theft, conversion of money and objects of value belonging to
an elderly person by a relative or caretaker. This type of exploitation is often
accomplished through the use of force or misrepresentation (Nerenberg, 2000). Miles
(2008) indicated that even though the working definition of financial exploitation against
the elderly is “the unauthorized and improper use of funds, property or any resource of an
older person” (p.28), reality indicates that cases of financial abuse are much broader and
include theft of pensions, scams, fraud.
Cohen (2006) went even further in defining financial exploitation against the
elderly. In Cohen’s study of the Canadian seniors targeted by telemarketers, the
researcher examined the reasons why seniors are becoming the victims of consumer
fraud. Cohen (2006) divided financial exploitation against the elderly in Canada into two
sections: financial abuse committed by the perpetrators known to victims and financial
abuse committed by perpetrators unknown to the victims.
Incidents of Financial Abuse of the Elderly
Rabiner, O’Keeffe, & Brown (2006) indicated that financial abuse has been
depicted to be on the rise; however, too few incidence studies have been conducted and
completed to provide an accurate number in regards to victims of financial abuse. During
the 1990s, Gelles (1994) cited the Legal Research and Services for the Elderly’s study
11
that revealed that financial exploitation of the elderly characterized 31 % of the cases.
The existence of this problem is well documented; however, numbers presented are not
always accurate. Heisler & Tewksbury (2008) found that elder financial abuse occurs in
12% of the population over age 65. In 1990, the U. S. House of Representatives Select
Committee on Aging found that 20 % of Americans who were the victims of elder abuse
were victims of financial exploitation.
Pedrick-Cornell & Gelles (1982) reported that the cases of elder abuse range
from 500,000 to 2, 500,000 occurrences per year. Pillemer & Wolf (1986) estimated that
approximately 1 million elderly persons experience some type of abuse; however,
financial abuse occurs between 33% and 53% cases reported to law enforcement
agencies. Additionally, in 1998, the National Elder Abuse Incidence Study, conducted by
the National Center on Elder Abuse in the United States declared that financial abuse
accounted for approximately 30 % of reported new cases in 1996.
The National Survey of State Adult Protective Services in 1994 showed that
victims range in estimated numbers from the low of 100,000 to a high of 1,000,000 per
year (MetLife Mature Market Institute, 2009). It is believed that these numbers will grow
with the aging population and their increasing net worth. According to current data on
financial abuse against the elderly only financial abuse is underreported. In fact, Wasik
(2000) suggested that there may be 5,000,000 victims of financial abuse each year.
MetLife Mature Market Institute (2009) estimated that approximately 1,000,000 of the
elderly persons in the United States will be targeted each year.
12
Crosby et al. (2008) indicated that in the United Kingdom, financial abuse of the
elderly was one of the most frequent types of elder abuse. Approximately 57,000
individuals aged 66 and older suffered from financial abuse in 2006, which became the
most recurrent type of abuse following neglect. In contrast, in the United States, each
year between 500,000 and 5,000,000 elderly persons are being abused, neglected or
exploited.
Rabiner et al. (2006) maintain that the precise numbers associated with financial
exploitation of the elderly in the United States are very hard to acquire because there is
no well established national reporting method in place to record the incidence or
prevalence of financial abuse. However, if a reporting mechanism to record and track
financial abuse against the elderly is established, it should include such data as a number
of initiated cases within a certain period of time in addition to a total amount of cases
initiated at any point of time. Even if the incidents of financial abuse are reported, these
numbers may not necessarily be an accurate reflection of the prevalence of financial
abuse since a significant number of financial abuse crimes may go unreported.
Rabiner et al. (2006), pointed out short comings of the National Elder Abuse
Incident Study (NEAIS) approach to calculating incidence rates for all types of elder
abuse. It has been noted that the NEAIS’s calculation of the rates of abuse relies upon
the corroborated reports of abuse submitted to Adult Protective Services agencies and the
National Center of Elder Abuse (NCEA). These cases include instances of financial
abuse among persons 60 years of age and older and living in non-institutional settings
which constitute only a segment of the elderly population in the United States.
13
According to Rabiner et al. (2006), the NEAIS study maintains that financial
abuse occurred in 30.2% of corroborated APS reports and the rate of financial abuse was
around 5% higher than the rate of physical abuse. The aforementioned study conducted
by NCEA was highly criticized by the research and social services communities because
of the methodology applied during the study (Rabiner et al., 2006). Even though
financial exploitation of the elderly has been referred to as the fastest growing form of
elder abuse there are only a limited number of studies which are specifically address the
financial exploitation of the elderly across the United States (Crosby et al., 2008). Many
researchers and scholars writing on financial exploitation of the elderly agree that a
national study with well rationalized methodology and an unbiased study sample is
needed in order to assess how variables such as culture, race and socio-economic status
affect this type of crime.
Challenges Associated with Addressing Financial Exploitation
A current review of the literature suggests that there has been minimal research
addressing financial abuse of the elderly, including its occurrence, nature and extent.
Law enforcement personnel and social work practitioners should approach the
phenomenon of financial abuse from the scientific prospective. Thus, additional
scientific research is needed to adequately address this issue. If no empirical data is
available for guidance for social work practitioners in the field, the issue of financial
abuse will not be adequately addressed and dealt with. After the cases of financial abuse
are identified, the extent and prevalence of this crime should also be determined and the
14
data must be carefully analyzed in order to determine the true extent of the ramifications
grounded in the financial exploitation of the elderly.
When law enforcement personnel and social work practitioners approach the
problem based on scientific findings, additional research must be conducted in order to
compile acceptable amount of data regarding the exploitation of the elderly. If financial
crimes against the elderly are not reported in a timely manner or not reported at all
because of the lack of information available regarding the issue, then the crime will go
unpunished (Rabiner et al., 2004). Addressing this issue, Rabiner et al. (2004) implies
that a better reporting system should be in place in order to encourage victims and
witnesses to come forward. Rabiner et al. (2004) states that there is a lack of awareness
on the part of the elderly and their families of the various resources and programs
available to assist senior citizens in the management of their financial affairs and to offer
assistance to those who have already been victims of financial abuse. Furthermore, those
who are aware of these programs are often unable to utilize them due to a language
barrier, physical impairment, isolation, and immigration status (Rabiner et al., 2004).
Underreporting of Financial Abuse
The underreporting of financial abuse of the elderly is one of the factors why
financial abuse is not fully exposed and thoroughly investigated. MetLife Mature Market
Institute attributed the underreporting to such factors as fear of government interference,
embarrassment that included blame as well as the lack of understanding that financial
abuse has occurred (MetLife Mature Market Institute, 2009). It was estimated that for
each reported case of financial abuse at least four cases go unreported (National Center
15
on Elder Abuse, 1998). Victims of financial abuse often think that they will be placed in
a nursing facility or are terrified that they may be harmed by the aggressor (MetLife
Mature Market Institute, 2009).
Sev’er (2009) attributed the underreporting of financial exploitation to several
factors. The victims may suffer from cognitive impairment, mental illnesses or have a
language barrier. Often, victims of financial abuse fear retaliation form their caregivers,
friends, family members who befriended them. Some of the elderly view this problem as
a family issue and wish not to utilize any assistance from social services or law
enforcement agencies. Due to very strong family beliefs, elderly choose to treat family
issues as a private matter (Sev’er, 2009).
There is no estimation or an accurate number that exists to show the losses
associated with the financial exploitation of the elderly. MetLife Mature Market Institute
(2009) revealed that elder financial abuse costs older Americans more than 2.6 billion
dollars per year. Additionally, the cost of social services, investigative processes,
prosecution, legal fees, and loss of income will result in a loss of dozens of millions of
dollars per year.
Law Enforcement Issues
Several authors, including Nerenberg (2000) and Rabiner at al., (2004) indicated
that law enforcement personnel are not adequately trained in the investigation of financial
exploitation of the elderly. Both Nerenberg (2008) and MetLife Mature Market Institute
(2009) suggested that law enforcement along with the justice department do not have
enough man power to investigate such crime, social services is not prepared to handle
16
such large volume of cases of financial abuse and funding to cover the cost of
investigation, prosecution and victim assistance is not sufficient.
Rabiner et al.(2004) maintain that there are various challenges related to the
system. First, it is unclear as to the prevalence of this type of elder abuse. Rabiner et al.
(2004) stated that the primary obstacle in circumventing and addressing this type of abuse
is the difficulty in assessing whether the abuse has occurred. In order to determine if a
specific financial transaction is lawful or comprises financial abuse, the older person’s
“perception of the alleged abuse and social and cultural context in which it occurs” are
necessary in determining whether or not a crime has occurred (Rabiner et al., 2004, p.
56).
Characteristics of Victims
The National Adult Protective Services Association (NAPSA) suggests that a
classic victim of older financial abuse is between 70 and 89 years of age, white, female,
in poor health and cognitively impaired. Several studies identified certain types of aged
individuals as susceptible targets of financial exploitation. There are multiple reasons
why such abuse occurs. First, the majority of the elderly are homeowners, and often live
alone (MetLife Mature Market Institute, 2009). Living alone is one of the factors that
make the elderly more susceptible to financial abuse and often easy prey for the
perpetrators. Accumulated wealth throughout the years, homeownership, pension funds,
combined with Social Security payments makes the elderly easy targets. Gender and age
are also is a risk factors for victims. As the elderly age and their mental health
deteriorates, they become more prone to becoming targets of financial exploitation.
17
Individuals with limited financial means are also part of a risk category or potential
targets of financial abuse. The National Elder Abuse Incident Study (1998) suggests that
approximately 46% of elder victims of financial exploitation had incomes between
$5,000 and $9,000 and 30% of victims fell between incomes of $10,000 and $14,000.
Several studies suggested that any one elderly person may become a victim of
financial abuse and exploitation. This phenomenon occurs because of several factors that
play role in this process. Social isolation is one factor that renders an elderly person high
risk for becoming a potential target of exploitation. When a person is socially isolated
she/he is less likely ask for advice before making any important financial decisions
(MetLife Mature Market Institute, 2009). The other factors to be considered include
recent loss of loved ones and loneliness.
Certainly, as a result of old age, many individuals suffer from vision and hearing
loss and may become dependent on others, which will increase vulnerability in older
persons. The presence of cognitive impairment in older persons is considered a risk
factor of potential abuse because of its negative effects. The conventional wisdom
indicates that cognitive impairment in the elderly diminishes their mental capacity, “fogs”
their judgment, affects memory and makes the elderly vulnerable to financial abuse.
Geller (1984) and Choi and Mayer (2000) indicated that the most likely victim of
financial exploitation will be an older white female living alone. Additionally, the
National Elder Abuse Incidence Study (NEAIS) (1998) reported that 91.8% of the
victims of financial exploitation were women and were victims in 48% of cases
substantiated by Adult Protective Services (APS) reports. However, victims of financial
18
exploitation aged 80 and older were victims in 25% of the cases reported by health and
social work professionals, even though this population comprised only 19% of total
elderly population in the United States. Additionally, NEAIS reported that 83% of
substantiated APS reports involved white victims.
Risk Factors Contributing to Elder Abuse
Mayer and Shelton (1987) emphasized that a majority of the factors contributing
to elder abuse are the same factors associated with family violence. The reasons for
elderly abuse are multifold; however, they could be broken down to at least four
categories, according to Henton, Cate, and Emery (1984). The first category is personal
characteristics of the abuse and the abused. Elderly individuals who view themselves as
helpless and dependent will most likely become targets of abuse. Diminished mental
capacity and physical impairments of potential victims also increase the chances for
abuse.
The second category is related to interpersonal characteristics of the relationship
between the abuser and the abused. The interpersonal category includes interpersonal
factors such as unresolved previous conflicts as well as history of turbulent relationships.
The third category identifies situational factors that increase the likelihood of abuse. This
category is associated with a dependent family member that creates economic stress, fear
of providing constant care, the financial costs of obtaining personal care services, and
medical problems.
The fourth category includes socio-cultural factors that necessitate the use of
violence. Most socio-cultural factors include pervasive and negative attitudes toward
19
older persons, which contribute to low self-esteem of the elderly person. Rabiner et al.
(2005) identified several factors and conditions that ought to be considered during
investigations of financial exploitation against the elderly. The researchers mentioned the
“inequality condition” as one of the factors which contributes to financial exploitation of
the elderly. It could be explained as a strain between the victim and the aggressor due to
the dissimilarity in age, gender, race, education, and wealth which contribute to the level
of socio-economic dependence between victim and aggressor (Rabiner et al., 2005).
The “relationship type” is another factor that contributes to financial exploitation
of the elderly victim. One of the important aspects to consider during the analysis of the
relationship type is to identify the nature of the relationship between the victim and
perpetrator. During such analysis an investigator should also be concerned with cultural
norms and aspects for sharing finances (Wilber & Reynolds, 1996). In other words, in
some cultures, a household could have cultural customs for sharing finances that may not
be evident to others.
The “power and exchange dynamics” is the third risk factor associated with
financial exploitation of the elderly. This factor identifies and outlines a field of
influence or “the imprint” of the perpetrator over his/her victim and includes but is not
limited to the extent of victim’s socio-economic isolation, dependency for care, and the
victim-aggressor’s expectation as a result of the relationship. An example of such
influence could be a gift given by the victim to the perpetrator in order to maintain the
exchange dynamics in the relationship. The gift would represent a condition of receiving
continuous assistance by the elderly from the caregiver. Dynamics of the relationship
20
between the caregiver and the elderly is dependant on such factors as the elderly person’s
physical condition, mental cognition and social network. Subsequently, the elderly are
becoming more susceptible to changes in the dynamic power imbalance that will
eventually lead to financial abuse.
The “social network of the victim” is the fourth factor that may predict the
victim’s susceptibility to be financially abused. The social network of the elderly will
consist of people who are actively involved in their lives and include family members,
friends, and neighbors. The risk of financial exploitation of the elderly is normally
decreasing due to the existence of social networks. Personal and financial affairs are often
managed by members of the elder’s social network which diminishes the risk of financial
exploitation. The dynamics of life are affecting the availability of the social network of
the elderly. Some of the members of the social network may not be instantly available
for assistance due to the reasons such as: full time employment or may be geographically
unavailable. Additionally, some members of the network may not want to dedicate their
time to handle issues of the elderly.
Hall et al. (2005) suggested that the following factors may predispose a victim to
financial exploitation: a female over 75 years of age, living alone or with an abuser and
has cognitive impairment from brain damage (Giordano, 1984). Additionally, a victim
usually develops dependence on the abuser and is a subject to social isolation. A typical
victim of financial exploitation is estranged from their children with middle to an upper
income level, financially independent and without designated financial advisors and is a
subject to deception. Victims would often fear change in their living situation especially
21
when moved from their home to an assisted living facility. Victims would also accept an
implied promise from the aggressor to care for them when funds are transferred from the
victim to the predator.
Characteristics of Perpetrators
Financial abuse of older Americans is predominately perpetrated by family
members and caregivers (MetLife Mature Market Institute, 2009). According to the
research, during a period from April 2008 to June 2008, the media reported a total dollar
value of financial abuse against the elderly in the United States to be over $396,000,000.
In more than 40% of cases associated with financial exploitation, the perpetrators of such
abuse were close associates of the victim including families, friends, caregivers, and
neighbors (MetLife Mature Market Institute, 2009). Additionally, the single largest
category included a number of financial professionals, attorneys, and fiduciary agents
responsible for approximately 18% of financial abuse against the elderly.
Close family members and relatives are more likely to financially exploit the
elderly compared to strangers. Although there is no firm statistical data associated with
the financial exploitation of the elderly by family members, researchers, including
Nerenberg (1999) and Quinn (2000), as well as community service providers including
(APS) are in agreement that the actual number of financial abuse against elderly is more
prevalent than currently reported.
In a majority of cases, family members generally assume the role of caregiver;
however, in some situations, this role will be played by somebody other than the victims’
relatives. Family members, typically adult children, according to Adult Protective
22
Services cases of financial abuse are perpetrators of financial abuse in 60% of
substantiated cases. Most of the literature related to this issue indicates that male and
female relatives will likely victimize the elderly with the same degree (Choi & Mayers,
2000; MetLife Mature Market Institute, 2009). At the same time, financial exploitation
committed against the elderly by their sons is 2.5 times greater than the same type of
abuse committed by the elderly’s daughters (MetLife Mature Market Institute, 2009).
In approximately 30% of cases, the perpetrator of financial abuse is a family
member or somebody closely related to a victim. Hall et al. (2005) compiled a profile of
male and female perpetrators who financially abuse the elderly. The majority of
perpetrators, according to the aforementioned authors, are those who are in a “long term
controlling relationship” with a potential victim (Hall et al., 2005, p.44). Often, these
individuals are expressing a “narcissistic” individuality which progressively intimidates
the victim to the point of defenselessness and fear.
The approach that a perpetrator chooses is a very tricky one. Often times, the
perpetrator offers the services to victim(s) in order to become their friend, companion or
financial advisor and cuts off the communication channels between victims and their
family members or friends. This would lead to partial or total isolation of an elderly
person, resulting in increased feelings of helplessness and dependency on the perpetrator,
especially when victims of such acts start believing that he/she is alone in this world and
no one is there to assist or even help them. Subsequently, the perpetrator would appear
often portraying themselves as guardians, financial advisors, and advocates for the
victim. Once the predator accomplishes this, he/she begins to prey upon other victims.
23
The nature of these actions is typically crooked and felonious. The perpetrators depend
on dominance and control over the victim insuring helplessness of an elder through
utilization of psychological abuse, insults, intimidation, and deceit (MetLife Mature
Market Institute, 2009).
Generally the perpetrator will begin profiling a potential victim by identifying
susceptible, potentially well-off or at risk elderly persons and then target specific areas of
vulnerability of the potential victim (Nerenberg, 2000). Perpetrators will target
individuals with dependent personalities, cognitive impairment as well as depressed and
lonely persons. After gaining confidence and trust of a potential victim, the perpetrators
will take over by isolating the victims from their immediate family and/or close friends,
and acquiring control of their financial assets in order to monitor all their activities.
At that point, the victim loses control over their freedom to make any decisions.
With such enhanced sense of weakness and helplessness, the victims become more
dependent on the perpetrator whom they see as their only advisor and the person who
makes decisions that positively affect the quality of life in their lives. Rabiner et al.
(2005) and Choi et al. (1999) discussed a concept of the social network of the perpetrator
where the network endorses and supports the perpetrator in financial exploitation of the
elderly persons. The social network of the perpetrator is somewhat similar to the victim’s
social network. It is a new concept and additional research is needed to identify
additional characteristics of the social network of the perpetrator.
24
Hall et al. (2005) suggested profiles for male and female perpetrators of financial
exploitation against the elderly. The profile description of a male perpetrator who
exploits elderly is as follows:
a) Displays sociopathic or antisocial character disorder;
b) Emerges into a caregiver role;
c) Resides with the victim;
d) Economically reliant on victim;
e) Displays history of mental illness or substance abuse;
f) Often times related to victim; and
g) Has health issues.
The profile description of a female perpetrator who exploits elderly is as follows:
a) Engages in care giving relationship with a victim;
b) Instills a sense of helplessness and dependency;
c) Regards herself as protector of the elderly by isolating them from others;
d) Enhances inadequacy and diminished self-worth in victim, making
him/her more vulnerable;
e) Often has a history of multiple unstable relationships;
f) Often falsifies credentials;
g) Opportunistic;
h) Psychologically dysfunctional;
i) Predatory in nature;
j) Displays antisocial behaviors with no consideration of others;
25
k) Methodically identifies victims and establishes power and total control
over the victim; and
l) Gains control of assets through deceit, intimidation and psychological
abuse.
Rabiner et al. (2005) admitted that minimal research was conducted as to a profile
of a perpetrator of financial exploitation of the elderly. Some of the factors presented in
this literature review are speculations by the field professionals that fight financial crime
against the elderly. These factors are not set in stone. Generally, a set of factors
associated with all forms of abuse by the perpetrator, according to Rabiner are as follows:
a) substance abuse;
b) mental health;
c) gambling behavior; and
d) financial problems.
Researchers also identified several factors relating to a sense of entitlement of the
perpetrator (cite). According to Dessin (2000), the perpetrator may be influenced by the
sense of entitlement when he/she takes control over the assets of the elderly. Some of the
perpetrators feel that they are entitled for reimbursement for invested personal time in the
elderly’s care. However, one of the most important factors that needs to be considered is
the perpetrator’s greed. When it is merged with loneliness of the victim it becomes the
most critical motivating factors of financial abuse against the elderly victim (Dessin,
2000).
26
According to National Center of Elder Abuse (NCEA) (1998), a large segment of
perpetrators of financial exploitation were identified to be family members of the victim,
particularly adult children and grandchildren. NEAIS reported that more then 60% of
substantiated APS cases of financial exploitation involved an adult child of the victim.
On the contrary, only 47% of adult children were involved in other forms of elder abuse.
Some of the predators are considered career criminals with the repeated history of abuse
against the elderly (Tueth, 2000). According to current data on financial abuse against the
elderly only financial abuse is underreported. Wasik (2000) suggested there may be
5,000,000 victims of financial abuse each year.
This literature review has identified and addressed the multiple issues stemming
from financial exploitation of the elderly. Studies conducted on financial exploitation of
the elderly individuals indicated that financial exploitation of the elderly is a serious
social problem (Nerenberg, 2000; Phillipson, 2000; Henton el al., 2008). An
underreporting of financial abuse against elderly individuals is one of the reasons why
financial abuse is not fully exposed. The probability that financial exploitation of the
elderly will increase with time is very high. So, the effective mechanism to report
financial abuse has to be established.
Although a wide range of literature is written on elder abuse in general, the
literature that specifically deals with one of the most important aspect of elder abuse
addressed by this research is lacking. Deficiencies in the literature is one of the reasons
the problem of financial exploitation against the elderly is not being aggressively
pursued. Only now, the issue of financial abuse is becoming more significant.
27
Ambiguity in the definition of financial abuse against the elderly is another topic
addressed in the literature review. Until social work professionals, law enforcement,
community, and government specifically define financial abuse of elderly individuals in
specific terms, many cases of occurrence of such abuse will go unnoticed. An
acceptable and well-formulated definition of financial abuse will be a pathway to
understanding of the extent, patterns and causes of such abuse.
From the research point of view, financial exploitation of the elderly individuals
is difficult to track. The precise numbers associated with financial exploitation of the
elderly in the US and abroad is very hard to acquire because there are no well established
methods to report and track the incidence of financial abuse. The lack of well established
reporting criteria regarding financial crimes against the elderly impedes the state and
federal government’s ability to employ a mechanism which will allow for government
agencies to track the occurrence of abuse. This information is needed in order to assist
social work practitioners and researchers in developing and implementing legislation and
policies that may assist in circumventing these types of crimes.
28
Chapter 3
PROJECT PROCESS
The research used and identified in this curriculum project suggest a need for a
course that would provide insight into the social work and criminal justice working
relationship and better equip undergraduate criminal justice and social work majors with
knowledge about each other’s fields of study and policies so as to improve the type of
information being disseminated to the public. The intent of this project was to create a
curriculum for a criminal investigation class, to be termed “Financial Exploitation of the
Elderly” at Sacramento State University. The university’s criminal justice and social
work programs do not currently offer the type of course proposed, which would be aimed
at investigating elderly financial exploitation. This course would provide criminal justice
practitioners with a better explanation of crimes against the elderly and put incidents of
crime into context so as to help law enforcement and other justice practitioners identify,
prevent and more accurately portray crime against the elderly and bring justice for elderly
victims. Because the subject of financial exploitation of the elderly is not covered in
traditional law enforcement training programs, only a number of police detectives or even
their commanding officers are familiar with financial exploitation of the elderly. This
course will serve as a guide for the law enforcement officers.
This course would be unique to the California State University system, since none
of its social work or criminal justice programs at the twenty-three universities statewide
currently offer such a course. The course curriculum is intended to serve as a guide for
educators who would like to teach the class, and includes the following: analytical review
29
of the suggested primary text; an instructor’s guide, a course syllabus for students (see
Appendix A), which covers all the course requirements for enrolled undergraduate
students, lessons plans (see Appendix B), which outline lectures and topics to include in
teachings and reading week-by-week, basic guidelines for book review (see Appendix
C), grading criteria for a research paper assignment (see Appendix D), recommended
guidelines for the research paper (see Appendix E).
This course was developed over the period of approximately four months. It
started as an idea for the project developed by a graduate student and his advisor, a
professor at Sacramento State University, and it was eventually shaped into a course
curriculum. Before the work on this project was initiated, a variety of scholarly databases
were searched and contents of it were reviewed in order to identify research reports,
scholarly articles and books written which specifically address financial exploitation of
the elderly in a large sphere of elder abuse.
The proposal for this course was planned and further developed after taking to
consideration the following issues: the necessity for such a course, the lack of comparable
courses offered at public universities around California, and other schools of higher
education in the US. Before the work on the project was initiated, scholars, law
enforcement, including federal and state prosecutors, social work practitioners were
unofficially contacted to learn whether there was a need for such a course of study. The
vast majority of the aforementioned professionals agreed that a course specifically
concentrated on addressing financial exploitation of the elderly is needed not only for law
enforcement practitioners, but also criminal justice and social work students. Even
30
though financial exploitation against the elderly is currently recognized as a serious social
problem, it will likely increase over time because financial crimes against the elderly are
difficult to address due to a lack of reporting to authorities. Additionally, a steady
increase in elderly population will most likely result in the dramatic increase in the
number of elderly individuals becoming victims of financial exploitation.
.
The work on the project involved a search of over a dozen of electronic databases
that index academic journals containing primary literature on elder financial abuse from
approximately 1997 through July 2009 to provide the basis for this project and its
analysis. Over 100 articles from journals in the social science, medical and legal
disciplines were found to be relevant to the topic of this project. Subsequently, a
database query of organization and trade magazines published form 1996 to 2008 was
conducted to trace any reference to elder financial abuse by business and private-sector
professionals (financial planners, insurance agents, medical professional, and bankers).
During this research the total of 70 articles related to financial exploitation of the
elderly were located; some of the important studied directed toward the understating of
financial exploitation of the elderly were included in the required reading for the class. A
solid number of text books were read, criticized, and analyzed in order to locate and then
select the primary text book that would serve as a main text during the instruction
process. Some of the text books were rejected due to the lack of focus on the matter of
study as well as being too ambiguous or too general as to the explanation and definition
of these crimes. The text book elected to be the primary text for this course was “Elder
31
Abuse Preventions: Emerging Trends and Promising strategies,” written by Lisa
Nerenberg, a well known scholar in the field of elder abuse.
Teaching Approaches and Bloom’s Taxonomy
The course will be taught with utilization of Bloom’s taxonomy approach. This
approach is built on the theory that students’ learning domain consists of six levels:
knowledge, comprehension, application, analysis synthesis and evaluation. By taking
into account these domains, this approach may be employed as a mechanism in assisting
students develop and demonstrate cognitive complexity in terms of processing
information, and acquiring the ability to communicate course curriculum in both written
and oral form. So, how does an instructor intend to present the material which will be
easily comprehended and understood in the criminal justice class room? What is more
important – comprehension or memorization? During the course, an instructor will
utilize the taxonomy of educational objectives introduced by Bloom in 1956. The
Bloom’s taxonomy in the financial exploitation against the elderly class is the primary
teaching approach for the educators intended to teach this course. Bloom’s taxonomy
will be used in the financial exploitation against the elderly as a primary way of learning.
During class lectures, students will be expected to move from one learning
domain to another in order to perform at the higher level more efficiently (Aviles, 2000).
After reading each chapter in Nerenberg’s book, the primary text book for this course,
students will be tasked with answering two to three essay questions to test their
understanding of the required reading. The students will not be simply restating the
material presented in each chapter of the book but critically analyzing the information
32
and presenting the topic in the fashion that demonstrate that they understand how to apply
material acquired from assigned readings and class lectures. During the class instruction
students will move far beyond just comprehension of the material. The base line
established during each lecture will allow the students to understand the material as they
transition from one learning domain to another.
The taxonomy of educational domains in this course will assist the criminal
justice practitioners who wish to teach this class, how to precisely define the results
expected of students upon completion of each learning block, as well as overall
understanding of the material taught during the class. The goal of this approach is to
encourage class discussions which produce a critique of the material by students in a
class room setting. During such discussions an instructor will encourage students to
evaluate required reading material (chapter reviews) and critically analyze it during class
discussions by inserting follow up questions (Bloom, 1956). This process will generate
ideas for deeper understanding of the presented information, recognize the signs of
financial abuse and identify the avenues for prevention and intervention of financial
abuse of the elderly.
33
Chapter 4
CONCLUSION
This project was intended to create a course curriculum for an undergraduate class
that would examine financial exploitation of the elderly. This course aims to provide
undergraduate students with an understanding of financial abuse, one of the specific
forms of elder abuse. The relationship between the criminal justice system and the field
of social work will help students in both majors better understand the process and policies
of both fields and further encourage collaboration between the two fields. Any instructor
in a criminal justice department, could use this course curriculum as guide to help them
effectively adapt this course to their department’s needs. Furthermore, this course
curriculum may also serve as a guide on how to instruct a course that would be effective
and informative not only for the criminal justice students, but also practitioners,
researchers and advocates.
The purpose of this project was to develop a course curriculum specifically
addressing financial abuse of the elderly. Currently, most classes simply provide a basic
overview of how financial abuse affects the elderly; the main focus of these classes is
often physical abuse. This course differs due to the in depth information provided in
regard to the financial abuse of the elderly, the factors contributing to this abuse and the
other forms of abuse faced by older individuals.
This course may serve both social work and criminal justice students by providing
the foundation of knowledge needed to comprehend the ramifications of financial
exploitation, recognize the signs of financial abuse, identify the avenues in which to
34
assist elders, obtain service in order to prevent or protect at-risk and high risk elders, and
how to compile evidence against predators seeking to financially exploit the elders.
If time is available the perspective of APS workers, law enforcement officers, and
the elderly would have been incorporated into this project. The opinions of these
individuals would provide a further understanding of the issue at hand and would be an
invaluable source in understanding the dynamics between the fields of social work and
criminal justice and the elderly population, and how these dynamics both contribute to
and deter against financial abuse of the elderly.
Elder abuse is a significant problem that exists in every community as well as
among all social classes. Financial exploitation of the elderly is underreported. Even if
partially recognized, it goes under-investigated, which leads to under-prosecution of such
abuse. For financial sectors, that include bankers, financial advisors, and even bank
tellers, a better understanding of financial exploitation has to be conceptualized for
effective prevention and reporting. A deeper understanding of such a phenomenon by the
banking industry will enhance efforts to better address the issue through compliance and
the training of personnel (Price & Fox, 1997).
The banking industry made an effort in the area of protection of the elderly from
financial exploitation. Banks often deal with older customers on a regular basis and get
to know them well, especially bank tellers. The banks are able to track “unusual” activity
on the elderly’s accounts as well as prevent, report, and assist in the investigation of
alleged financial exploitation. The banks are in a position where they can assist law
enforcement to identify and assist victims and at the same time prevent crime from
35
occurring by alerting law enforcement and by referring cases for preliminary
investigation to their own fraud divisions. Such a relationship between banks and law
enforcement is already in place, and it is not new. Banks already assist law enforcement
to investigate money laundering offenses. Experience gained by financial institutions
during the investigation of such crimes will be useful and effective in combating financial
exploitation of the elderly.
A multidisciplinary approach is needed to effectively combat financial
exploitation of the elderly (Nerenberg, 2008). However, in order to accomplish this goal,
a huge gap as to reporting and processing critical information existing between social
work practitioners and law enforcement, has to be closed. During the course of this
research, no cost-effective analyses on the implementation of multi-disciplinary teams
were found in the reviewed literature. One can only speculate as to why. It is believed
that developing such multi-disciplinary teams can be a very expensive strategy in terms
of finding the experts or representatives from many fields to work on financial
exploitation issues.
Community education is a very important lesson learned during the research of
this project. Community groups, faith communities, including churches and non-profit
organizations take part in educating individual about and the reporting of financial abuse
against the elderly. These community based organizations are valuable resources for the
elderly or their families, because of their ability to be engaged in prevention and
intervention of financial exploitation and serve as a reporting foundation at the
36
community level. Additionally, they assist devastated victims of financial abuse to
become self-sufficient again, by providing financial and moral support.
Financial exploitation of the elderly is a very important issue. The study on
financial abuse of the elderly is needed because of its actuality. It is timely for a variety
of reasons. The age of the US population is steadily increasing. Additionally, the loss of
financial independence and lifetime savings compromise their independence. Older age,
functionality and dependence on others are identifiable risks of elderly financial
exploitation. Demographic trends showing a steady increase in the numbers of elderly
suggest that a number of victims of financial abuse or exploitation will increase. With
such an increase in the elderly population, more intervention effort is needed. Due to the
fact that financial exploitation is a very complex socio-economic issue, this project would
provide some recommendations and opportunities to conduct future research in order to
more effectively address issues associated with financial exploitation of the elderly.
Findings and Recommendations
In order to effectively and efficiently combat financial exploitation against elderly
individuals, accurate and uniform data must be continuously retrieved at state and federal
levels and collected on the aforementioned levels so the trends of financial abuse can be
tracked and efficiently studied by scholars and researchers. A strong effort is needed to
create a uniform definition of financial abuse and typical measures for reporting such
abuse on municipal, state and federal levels. In order to be effective, state adult
protective services as well as other county community services need to provide the
information requested for variety of studies and surveys. States should collect detailed
37
age and gender related information as well as ethnicity of victims and alleged
perpetrators.
This research identified short-comings in the literature regarding financial
exploitation against the elderly. Little is known about the racial and ethnic composition
data on elder victims that are financially abused by perpetrators. The inclusion of the
results of different reports associated with financial exploitation need to be included and
disseminated by municipal agents, county employees including utility workers and
hospital personnel. As a result the training should be expanded to the aforementioned
groups, not just police detectives, APS, welfare and social workers. A uniformed
approach is needed to combat financial exploitation against the elderly individuals.
38
APPENDIX A
Syllabus
Sacramento State University, Sacramento
Criminal Justice Division
Criminal Justice 1xx
Financial Exploitation of the Elderly
Fall Semester 2010
Instructor: Nicholas Priymak
Office: Alpine 000
Phone: (916) 278-xxxx
Email: N_Priymak@yahoo.com
Office hours: Tuesdays 5:30 pm – 7:00 pm
SYLLABUS
Required Text
Nerenberg, L. (2008). Elder Abuse Prevention: Emerging Trends and Promising
Strategies. New York: Springer Publishing Company, LLC.
Roubicek, Joe. (2008). Financial Abuse of the Elderly: A Detective’s Case Files of
Exploitation Crimes. New York: Ruby House Publishing Company.
Course Description
This course focuses on the study of financial crimes committed against the elderly. It is
designed to explore the socio-economic factors contributing to these crimes and personal
characteristics of the persons leading to victimization. During this course, legal recourses
and the intervention of professionals/agencies will be explored in terms of prevention and
intervention of these crimes. Students will also learn to recognize the various challenges
facing the elderly and how social/personal factors may cause victimization.
Course Objectives
 Define financial abuse/exploitation of the elderly
 Identify high-risk seniors and their perpetrators
 Identify characteristics and warning signs of financial exploitation
 Describe key factors that make the elderly susceptible to financial victimization
 Demonstrate basic knowledge of key issues relating to financial exploitation of the
elderly
39


Analyze the different social factors/issues contributing to financial crimes against
the elderly
Identify mechanisms which may decrease the prevalence of financial crimes
against the elderly
Course Requirements 500 points
1.
2.
3.
4.
Book Review (Roubicek ) --- 100 pts
Discussions (in-class: 10 @ 10 pts each) ---100pts
Short writing assignments –100 pts
Writing Project --- 200 pts
Attendance
A student is required to regularly attend the class. Failure to attend the class on a regular
basis will negatively impact your grade. If a student is going to miss the class he/she has
to notify the instructor at least one day prior to absence regarding the reasons for being
absent.
Classroom Participation
Classroom participation is an important part of the learning process during this course. It
will make up 20% of the student’s grade. In order to receive a full credit for this course it
is strongly advised that a student attends each class and demonstrates that she/he read the
assignments and is an active participant during class discussions. If a student is prepared
for the class, the discussions will be more productive and formative.
Grading Policy
Grading during this class will be based on the following criteria:
Book review, Short Writing Assignments, Class Discussions, Writing Project. Grades
will be assigned according to the following scale:
Grade
A
AB+
%
93-100
90-92
87-89
Grade
B
BC+
%
83-86
80-82
77-79
Grade
C
CD+
%
73-76
70-72
67-69
Grade
D
DF
%
63-66
60-62
59 or
Below
Book Review
You will be required to read and critically evaluate Roubicek’s book, Financial Abuse of
the Elderly: A Detective’s Case Files of Exploitation Crimes.
40
For further details regarding Basic Guidelines for Book Review please refer to
APPENDIX C.
Research assignments
The purpose of this assignment is to improve your research and writing skills.
Select a topic related to financial exploitation of the elderly that you are interested in
exploring. Your paper must be at least ten typed double spaced pages (excluding a cover
page) and contain a bibliography. The research paper must discuss the following:
(1) How extensive is the issue? (2) Who are the primary victims and perpetrators?
(3) What types of punishments are imposed?
Academic dishonesty
Plagiarism or other forms of cheating is not tolerated during this course. A student is
expected to be honest. So, it is important for a student taking this course to understand
that utilizing ideas or works belonging to someone else without giving proper credit or
acknowledgement of that author is plagiarism. Please make a note of it. If plagiarism or
cheating is noticed, then the student will not receive credit for the assignment.
Additional important information
This course is designed for criminal justice and social work students. The success of this
class will depend not only on live participation in class discussions by future
representatives of two diametrically opposed, yet closely related fields, but also a
cooperation and understanding of each other’s views and opinions. Everyone can learn
from each other. During class discussions it is important to show respect of other’s
opinions even if you disagree with them. Be active not inactive!
Accommodation for the students with disabilities
If students with disabilities require accommodation they must contact the Services to
Students with Disabilities at 916-278-6955 and provide required documentation. If you
need to discuss your accommodation needs with me, you may do so.
Late work
The research paper must be turned in on or before the due date. Work turned in late will
be docked five points for each day it is late.
Weekly Course Schedule
Week 1 Introduction to the course.
41
Reading: None.
Week 2 Eight trends shaping practice
Reading: Nerenberg – Chapter 1
Week 3 Defining the elder financial abuse: the controversies.
Readings: Nerenberg- Chapter II.
Week 4 Service Models.
Readings: Nerenberg – Chapter III.
Week 5 Factors influencing intervention needs.
Readings: Nerenberg – Chapter IV.
Week 6 Preventing and treating elder abuse.
Readings: Nerenberg – Chapter V.
Week 7 What agencies, the justice system, and communities can do.
Readings: Nerenberg - Chapter VI.
Week 8 What states and tribes are doing.
Readings: Nerenberg – Chapter VII.
Week 9 Midterm Exam
Week 10 Community outreach.
Readings: Nerenberg – Chapter VIII.
Week 11 Responding to challenges.
Readings: Nerenberg – Chapter IX.
Week 12 Spring Break
Week 13 Moving forward.
Readings: Nerenberg – Chapter X.
Book review due
Week 14 Multidisciplinary Teams
Readings: In class handouts.
Week 15 Major studies related to financial exploitation
Readings: In class handouts.
Week 16 Research paper due.
42
APPENDIX B
Lesson Plans
This is a 15-week course which is geared to equip the criminal justice and social
work undergraduate student with general knowledge of criminology and social work as
they relate to the specific issue of elder abuse. While addressing elder abuse it becomes
apparent that criminal justice and social work run a parallel course as they relate to elder
abuse. Professionals representing both fields are looking for a similar outcome – justice
for victims of elder abuse.
Due to my explicit experience as a criminal justice practitioner and knowledge I
acquired working in the field of law enforcement, I have become familiar with the issues
raised during this research. Since, criminal justice and social work professionals are
oftentimes associated with elder abuse, it is crucial that both professionals work together
to bring about a positive change to the issue.
The primary textbook for this course is:
Nerenberg, L. (2008). Elder Abuse Preventions: Emerging Trends and Promising
Strategies. New York: Springer Publishing Company, LLC.
The secondary textbook for this course is:
Roubicek, J. (2008). Financial Abuse of the Elderly: A Detective’s Case Files of
Exploitation Crimes. New York: Ruby House Pub.
It is recommended that criminal justice and social work majors read Nerenberg’s book.
Mrs. Nerenberg is a well known expert on elder abuse and is currently working as a
consultant in elder abuse prevention. Mrs. Nerenberg directed the San Francisco
Consortium for Elder Abuse Prevention at the Institute on Aging, which was a pioneer of
elder abuse prevention programs in the US. Under the leadership of Mrs. Nerenberg, the
Consortium piloted the first abuse prevention services and intervention programs,
including a multidisciplinary team, a counseling program and support group for victims,
as well as, a culturally specific outreach.
Online sources that may be helpful:
Elder Justice Act (EJA)
http://www.opencongress.org/bill/110-s1070/show
Financial Abuse Specialist Team (FAST)
http://www.preventelderabuse.org/communities/fast.html
43
Journal of Elder Abuse & Neglect
http://www.haworthpress.com/store/product/asp?sku=J084
MetLife Mature Market Institute
Preventing Elder Abuse since You Care Guide
http://www.metlife.com/assets/cao/mmi/publications/since-you-care-guides/MMI-SYCPreventing-Elder-Abuse-2007.pdf
National Adult Protective Services Association
http://www. apsnetwork.org/
National Center on Elder Abuse
http://www. ncea.aoa.gov
National Committee for the Prevention of Elder Abuse
http://www.preventelderabuse.org/
Older Americans Act (OAA)
http://www.aoa.gov/oaa2006/Main Site/
Financial Exploitation of the Elderly Weekly Outline and Lecture Topics
The following are suggested topics to be included in this course. The following is an
overview for the lectures and class discussions. The instructor’s expertise in this course
would reinforce lecture material. The topics correspond with Nerenberg’s text book, in
addition to extra reading material.
1. Criminalization of elder abuse.
Due to the growing number of elder abuse cases throughout the US and abroad,
several trends are emerging and reshaping the awareness, investigation and prosecution
of elder abuse. A better understanding of these trends will ultimately lead to better
protection of the elderly.
Key lecture components:
(1) Awareness of elder abuse
(2) Investigation of elder abuse
(3) Prosecution of elder abuse
Questions:
1. Which of the 8 “forces” discussed by the author do you believe marked the most
significant development in the attempt to combat financial exploitation of the elderly?
2. What more do you believe can be done to protect the elderly from abuse?
44
2. Defining elder abuse.
Recognizing, distinguishing and defining elder abuse can be difficult. It is
imperative that social agencies, law enforcement and the general public understand the
definition of abuse in order to become more aware and active in investigating and
recognizing victimization.
Key lecture components:
(1) Financial abuse definitions
(2) Abuse has to be intentional
(3) Victim has a mental disability
Questions:
1. Do you believe that in order for an elderly person to be abused, the elder must have a
physical or mental impairment?
2. Do you believe that the relationship between the abuse and abuser should play a role in
determining whether or not abuse has occurs?
3. To what extent do you believe it is necessary for the development of a uniformly
accepted definition of elder abuse?
3. Service models for combating elder abuse.
There are various models that assist the elderly with recognition and prevention of
elder abuse. Individually and collaboratively, these models protect the victims of such
abuse.
Key lecture components:
(1) APS model
(2) Domestic violence prevention model
(3) Public health model
Questions:
1. Do you believe any one model alone may assist in combating elder abuse?
2. What factors do you believe guide a practitioner in implementing the various models
addressed by the author?
3. If you had the task of developing a service delivery model to combat the financial
abuse of the elderly, what would your model entail?
4. Influencing intervention needs.
Recognizing factors that place the elderly at risk for abuse, provide healthcare
professionals, social workers and law enforcement with the tools they need to identify
and prevent abuse. Understanding the factors that influence intervention should be
understood and not neglected.
Key lecture components:
45
(1) Risk factors
(2) Perpetrators
(3) Motives
Questions:
1. Aside from the factors contributing to abuse identified by the author, what other
factors do you believe contribute to the abuse of the elderly?
2. Why do you believe that most abuse committed against the elderly is committed by a
family member?
3. Do you believe APS and other supportive services dedicated to protecting the elderly
from exploitation should intervene even if the elderly refuses protective services? If so
under what conditions should APS intervene regardless of whether or not the elderly
want assistance?
5. Preventing of elder abuse.
Timely assessment and documentation of the needs of the elderly will ultimately
assist in the treatment and prevention of abuse. This interaction will provide the elderly
with the intervention and support they need to avoid victimization.
Key lecture components:
(1) Evaluating
(2) Assessing
(3) Intervention
Questions:
1. When assessing reports of elder abuse, what factors do you believe should be
considered in determining whether or not financial abuse has occurred?
2. Do you believe in the interventions services for perpetrators identified by the author
can successfully prevent or reduce exploitation of the elderly?
6. Role of state agencies and communities.
As the growing number of elder abuse cases grow, it is imperative that social
agencies, the Justice System and general healthcare professionals grow their investigative
departments in the area of elder abuse. There is a need for specialized units and
departments investigating these crimes; as well as, care takers and specialized programs
to assist victims and their families.
Key lecture components:
(1) Specialized units combating abuse
(2) Legal services to victims
(3) Team work
Questions:
1. What do you think the development of specialized units will be effective in combating
elder abuse?
46
2. What is the law enforcement role in prevention and interventions of financial abuse of
the elderly?
3. Why do you think victim advocacy programs are important in combating elder abuse?
7. Functions of states and tribes.
Many states and tribes are currently providing professional services to assist the
elderly. However, much more can, and should be, done. It is a continuing challenge to
coordinate the efforts of various agencies and their programs. Following a standard
model would eliminate duplication and neglect of the issue.
Key lecture components:
(1) Guidance from the feds
(2) Guidance from the state
(3) APS
Questions:
1. How effective do you think states are in combating elder abuse?
2. Do you think states and tribes are meeting the demand for services associated with
elder abuse?
3. How would you improve coordination among municipal, state and federal
organizations to insure justice for the elderly?
8. Community outreach.
Dispensing of information to the general public will shape the public’s perception
and understanding of elder abuse. Community outreach at the local and national level
will bring enlightenment to the subject and a reshaping of attitudes and behaviors toward
the elderly. The impact will be far reaching in its affects.
Key lecture components:
(1) Outreach
(2) Outreach and public policy
(3) Impact of outreach
Questions:
1. What are the goals of outreach?
2. What is the impact of outreach on elderly victims?
3. In your opinion, what are the economic advantages and disadvantages of outreach
programs?
9. Responding to challenges.
As our population lives longer, responding to the growing need of the elderly
becomes more and more important. It is imperative that the general public and its
47
agencies recognize the needs for the elderly and make every effort to respond to
challenges.
Key lecture components:
(1) Defining abuse
(2) Response to a multicultural society
(3) Defining capacity for specific tasks
(4) Multi-disciplinary teams
Questions:
1. How do you feel the establishment of a definition of financial abuse of the elderly will
assist professionals in identifying the abuse?
2. How would you define elder financial abuse?
3. How can society protect elders form financial predators?
4. What kind of training do you believe may assist professionals in combating financial
abuse of the elderly?
10. The future.
The future of elder care is dependant on the education and understanding of today.
Students and professionals must get involved by recognizing problems and creating
solutions.
Key lecture components:
(1) A comprehensive elder abuse service response system
(2) A holistic response
(3) A public health perspective
(4) Training and future research
Questions:
1. In your own words how would you define a holistic approach to financial exploitation
of the elderly?
2. Why addressing cultural differences is important during prevention and intervention
of financial exploitation of the elderly?
3. Why do you think a public health perspective is important in addressing financial
abuse of the elderly?
48
APPENDIX C
Basic Guidelines for Book Review
1. Provide a general overview of the Roubicek book, including some strengths and
weaknesses. In the context of this discussion, please address the specific questions
below;

Roubicek identifies various laws pertaining to the financial exploitation of the
elderly. Please discuss how the various laws identified by the author either
protect the elderly from financial predators or impede the prosecution of these
individuals.

How did most of the elderly victims describe their relationship with their
caregiver? What was the typical reaction of victims when questioned by
Roubicek?

What mechanisms may be employed to protect the elderly from being targeted
by predators seeking to defraud the elderly of their material possessions?

Do you believe the manner in which prosecutors defined “consent” was
appropriate in determining whether or not the predator(s) was/were going to be
charged with a crime?

What do you believe to be key difference in the various case files that help
prosecutors determine whether or not charges were going to be filed?
2. What were some weaknesses in the book? Did the author leave any gaps in the
literature (in other words, did you feel that he should have included additional
information that he left out)?
3. Do you believe that this book contributes to the overall knowledge of financial
exploitation of the elderly? If “Yes,” how much. If not, then why?
4. Who does the book benefit- practitioners (lawyers, judges, social workers, treatment
providers); academics (teachers and researchers); law enforcement personnel; and/or
the public?
Assume that you have been tasked in writing a review of Roubicek’s book. What do you
intend to write?
49
APPENDIX D
Grading Criteria for Research Paper Assignment
The following criteria offer a general method of arriving at a grade for your primary research and
writing component for this class.
Score
Characteristics of Research Paper Receiving This Score
A range (90-100 points)
Excellent paper









B range (80-89 points)

Good paper






C range (70-79 points)
Conforms to the structure of a research paper (title page,
table of contents, body of paper divided into logical sections:
Introduction, problem statement, theoretical framework, etc.,
endnotes, and bibliography
Clearly states the purpose of the writing assignment and
explains the student's approach for the gathering and
reporting of information
Properly employs the APA style of citation
Demonstrates an exhaustive search of primary and
secondary research sources
Demonstrates a clear, focused, coherent organization
Shows superior control of standard written English
Demonstrates an excellent understanding of the assignment
Demonstrates an excellent understanding of the theoretical
framework and applies this framework to the selected issues
Shows a thoughtful summary, conclusion, and comments
regarding future research associated with the topic.
Demonstrates a clear final product
Approaches the A paper in all or most categories
Reveals minor lapses in some of the categories discussed
above, especially the one dealing with theory discussion and
application
Although a search of primary and secondary sources was
conducted, it did not reach the level expected of an A paper
May show occasional need for additional sources, analysis
(especially with regard to the theoretical section), or detail
There may be an occasional minor lapse in clarity or
organization
Shows a lack of initiative in formulating an effective
summary and conclusion
Adequate paper



Demonstrates the evidence of the skills in the A and B
papers but shows only basic control of those skills
Is an adequate attempt to meet the course requirements for
research and writing but fails to incorporate all the elements
needed for an A or B paper
Inadequately discusses the theory and fails to adequately
apply it to the main topic
50




D range (60-69 points)
Flawed paper







F range (0-59 points)
Might be flawed in terms of punctuation and/or grammar
Does not demonstrate a complete review of primary and
secondary research sources
The paper lacks the complete technical format identified in
the class (misplacement of major portions of the paper, poor
construction of bibliography/endnotes, etc.)
Lacks the professional appearance of an A or B papererasures, formatting problems, and the like.
Demonstrates inadequacy in some of the areas deemed
necessary for University level writing described in A-C
papers
Does not address the assignment directly or clearly; it may
distort or wander from the assignment (i.e., completely fails
to discuss a criminological theory)
Does not show an understanding of research methods
demonstrated in class; lack of sources; etc.
Random or confusing organization
Shows inadequate control of standard English
Fails to include the form and structure of a research paper
Was not submitted within the required time period although
an adequate or acceptable excuse was produced.
Inadequate paper



Failure to submit the research paper
Demonstrates serious inadequacies in several areas deemed
necessary for University level writing
Completely fails to address most if not all aspects of the
assignment
51
APPENDIX E
Recommended Guidelines for the Research Paper
While preparing for this assignment, you can certainly modify the guidelines so they fit the topic
you would like to research. They are not set in stone. I would use them as a start in your
research. You have full control in terms of the scope of topics for your papers, just as long as they
deal with some aspect of financial/material exploitation against the elderly. You may pick the
topic that interests you and then select a theoretical perspective from which you would like to
draw the analysis for your topic. For example, if you wanted to focus on financial abuse by a
family member, you might include an argument regarding the theories that deal with financial
crimes. Additionally, you could also examine financial exploitation by professionals by using
one of the theories of crime.
Following are the basic guidelines for your research.
I.




II.
INTRODUCTION
Background of financial exploitation against the elderly
The development and enactment of the laws
Need for the laws
Summary of issues to be discussed in the paper
LITERATURE REVIEW
A. THEORY



Theoretical framework
In general terms please address general areas and issues to which it has been applied by the
theory
How does the theory apply to financial exploitation?
B. THEORY APPLICATION
C. Background of elder abuse
 Past and present controversies surrounding the laws
III.




IV.
ANALYSIS
Are these laws an effective way to deal with financial abuse of the elderly?
Pros and cons (please provide convincing arguments)
Suggestions for alternatives to combat financial abuse against the elderly individuals
Please provide examples of a restorative justice (programs available on municipal, state, and
federal levels)
CONCLUSION
52



.
What works/what doesn't work in combating financial exploitation of the elderly individuals?
Please provide any implication for future research/analyses
How has the material/information presented in this class assisted you in making you analysis
regarding financial exploitation against the elderly?
53
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