According to Erie County District Attorney John J. Flynn, a 41-year-old woman from New York was sentenced to 6 months of incarceration followed by 5 years of probation for stealing $41,216 from an elderly resident at a senior living facility in Amherst, where she worked as a patient care aide.
The defendant stole the resident’s debit card and used it to make 55 unauthorized ATM withdrawals from the victim’s bank account between April 27, 2023, and June 8, 2023. The defendant was able to gain access to the account because the resident had written her personal identifying number for the debit card on a piece of paper, which was also inside of her purse.
The crime was discovered after the resident reviewed her checking account statement and reported the fraudulent transactions to her bank. The bank reimbursed her for the loss.
During the investigation, the defendant confessed to law enforcement, and surveillance videos from the bank and the senior facility corroborated the crime. The defendant pleaded guilty to one count of Grand Larceny in the Third Degree (Class “D” felony) on August 8, 2023, and signed a Confession of Judgment to pay full restitution to the bank. However, she has not paid any restitution to date. On January 3, 2024, she was ordered to pay the full amount of $41,216 within 90 days after her release from custody. Due to the felony conviction, she also lost her ability to be employed as a patient care aide in the future.
Erie County DA John Flynn said, “Anyone can become the victim of a financial crime, so I encourage everyone to take extra precautions to safeguard their personal information. Please, do not write passwords or personal identifying numbers on your debit card or anywhere that can be easily found by a scammer.”
Compliance Perspective
Issue
It is the obligation of each nursing facility to protect residents from misappropriation of funds and other personal property. Upon admission to the nursing facility, each residents’ belongings, including any credit cards, debit cards, or cash should be inventoried. Residents and their families should be reminded to notify nursing staff when new items are brought into the facility so that they can be logged in as residents’ personal belongings. Residents should be discouraged from keeping large amounts of cash or credit or debit cards within their possession. Each resident should be offered a lockbox to store valuables.
Discussion Points
- Review your policies and procedures on preventing, identifying, and reporting misappropriation of resident’s belongings or funds to ensure that they meet all requirements of federal and state regulations.
- Provide staff training on the CMS regulations for residents’ rights to be free from abuse, neglect, exploitation, and misappropriation of personal property; staff members’ responsibility to prevent these from occurring; and their personal liability if they commit any of these violations. Educate residents and family members on the importance of monitoring their monthly bank and credit card balances and immediately reporting any concerns to facility administration or through the hotline.
- Periodically audit resident fund accounts to ensure that no misappropriation has occurred. Interview residents to determine if they have concerns about the safety of their belongings or funds.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
