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REMARKS OF SUFFOLK DISTRICT ATTORNEY DANIEL F. CONLEY CONFERENCE ON ELDER FRAUD AND ABUSE PRINCE HALL GRAND LODGE, DORCHESTER JUNE 5, 2002 I want to thank Attorney General Reilly, Boston's Elder Affairs Commissioner Joyce Williams, and of course, the Assistant District Attorney, Assistant Attorneys General and all the service providers and volunteers who work so hard every day to protect our seniors and who made today's conference possible. As someone who served as a prosecutor for nearly a decade in Suffolk County, and now the District Attorney in that same office, I can tell you that I look to the leadership Tom Reilly provided in both the Middlesex District Attorney's Office, and now the Attorney General's Office, as a model of what a professional, public law office should be. Today's conference is another example of this. Like the Attorney General, Mayor Menino and his Elderly Commissioner, Joyce Williams, I believe the most effective way to deal with crime is to prevent it. Partnerships that cross agency lines and jurisdictions and disciplines are the key. I think it's important that we as a society begin to recognize that physical, mental and financial abuse of elders is and will continue to be prevalent, especially with our baby boomers becoming elders by 2005. With the increasing population, we can expect increased crimes against the elderly, especially financial fraud. The sooner we recognize this, the sooner we can begin to take good, common steps measures to prevent abuse. That's one of my top priorities as District Attorney. My office is facing a serious budget shortfall. But I've said from the beginning that among my highest priorities as District Attorney is protecting the most vulnerable members of society, and children, women in abusive relationships, and seniors - SENIORS - top the list. Over the past couple of years, my office's Elders and Person with Disabilities Unit has done an admirable job but has been limited to only two prosecutors and a Victim Witness Advocate and little in the way of other resources. I've changed that. I'm pleased to report that I've added a new, experienced prosecutor to the unit. We've also given the Unit a full-time support staff person, and in the coming weeks, we'll be assigning an investigator exclusively to the Elder and Persons with Disabilities Unit. We've also dedicated new resources, like informational brochures and the magnets many of you have today, and hope to add a person to assist with community education and outreach because prevention is such an important part of the job. The head of the EPDU, Mike Uhlarik, handled a case not too long ago where a contractor knocked on an elderly woman's door and asked if she'd like to have her front porch replaced. He said it looked dangerous. She told him no and shut the door. The next day, a man posing as an inspector for the City knocked on her door and told her that her porch was decrepit and the City might declare her home uninhabitable if she didn't have it repaired right away. She was naturally very worried. On the third day, the contractor knocked on her door again and asked if she had reconsidered. He said he could repair her front porch for $18,000 dollars. She said she didn't have that kind of money, so he told her he could take her to a place that could provide her with a loan. He then put the woman in his car and drove her to Rhode Island where she signed a home equity loan for much, much more than she could afford. Within a short time, just a few months, the company foreclosed and tried to sell her home right out from under her. At this point the woman's relatives contacted the City of Boston Elderly Commission, who then referred the case to my office. Ultimately, the suspect in the case died and we were left without a person to prosecute. But, the Attorney General's Office took the lead in going after this company in Rhode Island. This case highlights not just the sophistication of the scam artists looking to separate seniors from their savings, but the complexity of the cases we're dealing with and the importance of collaboration between agencies. Let's face it; today's seniors are living more and more independently. Many own their homes and some have savings accounts and stock investments. Most often, these savings are limited and can't be replenished. They've saved up over a lifetime and this is all they have. Many other seniors are house-rich but cash poor - everything they own is tied up in their home. Unfortunately, such crimes are often "minimized" by the criminal justice system. But financial fraud and scams are more than simple theft or larceny. The damage is that much greater when the victim has limited savings and is on a fixed income. Prosecuting cases of abuse against seniors also demands sensitivity to the unique circumstances many seniors find themselves in - vision or hearing problems and so forth. As with children and victims of domestic violence, elder abuse victims need special assistance in order to be fully protected in the criminal justice system. Many seniors, who have lost their savings as part of a scam, choose not to report the crime for fear of feeling embarrassed or incompetent. Or, as is often the case, when a relative is abusive or steals from a senior, that senior often feels conflict with coming forward. Hopefully, through this conference and continued education, the word will get out that if you're a victim of a crime, particularly a scam, don't be embarrassed to come forward, don't feel humiliated and don't choose to ignore it. My office is going to prosecute these cases aggressively, but we're also going to act in the best interest of seniors. That means we deal with these matters in a way that's sensitive and understanding of the senior's needs. Through education, outreach and trained staff, we can provide reassurance and assistance to victims and still be able to do our jobs - to hold the guilty accountable and prevent others from being scammed as well.
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