UNDERSTANDING SENIOR FRAUD
SOME STATISTICS
A 2004 Federal Trade Commission study of 2,500 consumers found fraud-victimization rates actually dropped with age, with 11% of those 25 to 44 reporting that they'd been scammed, compared to 5% of those over 65. When the FTC controlled for other factors, like marital status and income, older people turned out to be no more or less likely than younger people to become fraud victims.
On the other hand, telemarketing scams seem more likely to target older Americans. An AARP study found half of the consumers targeted for such scams were 50 or older (an age group that comprises about 40% of the adult U.S. population), while a more recent report by the National Fraud Information Center showed 34% of those victimized were over 60 (an age group that comprises 23% of the adult population).
An AARP study of a phone-based lottery scam where victims were induced to pay a fee to get supposed winnings found the vast majority of victims (71%) were 75 or older.
Lottery-scam victims the AARP studied also were more likely to be female (65%) and low income (half had incomes under $30,000). The older folks who fell for a phone-based investment scam, by contrast, were more likely to be male (80%) and have higher incomes (half made more than $75,000).
NOTE: One of the strongest predictors of future victimization is past victimization. A victims name may be put on a sucker or mooch list and sold to other crooks. A victim may also be contacted by other scammers who offer to help them recoup their losses from the previous scam. Victimization by relatives or caregivers by its nature is repetitive.
I. CHARACTERISTICS OF ELDERLY VICTIMS
RESEARCH HAS SHOWN THAT THE FOLLOWING PERSONAL FACTORS MAY INCREASE A PERSONS LIKELIHOOD OF BECOMING A VICTIM OF FRAUD:
1. SOCIALLY ISOLATED
Older adults often have lost family members and their circle of friends is
shrinking. Consequently they often live alone and are increasingly
isolated. Loneliness can cause them to engage in conversations
with anyone who will talk to them.
- Sales pitch provides social contact that they crave
- Isolation deprives them of family members or friends in the
immediate area from whom to seek advice.
2. SOCIALLY ACTIVE
Older adults may be more vulnerable to fraud because of increased exposure
- Those with active social lives are more visible
- They experience a broad array of consumer situations.
3. LACK OF KNOWLEDGE:
Some seniors lack knowledge on financial, legal and insurance matters. If
a spouse has died and that spouse handled those matters, the survivor
may not be prepared to deal with those issues.
Inexperienced and unsophisticated investors are targets for fraud.
- Often reluctant to admit that they do not understand what
they are signing, or the consequences of their actions
- Because of their limited knowledge, they may give little
attention to their financial accounts.
Seniors may not be as aware of frauds, scams, and misleading practices.
- The less you understand about the real world, the more likely you
are to fall victim to con artists and exploiters.
4. OVER-DEPENDENCE ON CAREGIVER OR ADVISOR
If the older adult is dependent on one caregiver, he/she is more
likely to overlook or not report abuse or exploitation by that
caregiver for fear of losing the help they need.
Likely hood of abuse or exploitation increases if caregiver is:
- Financially dependent on older adult
- By nature a controlling individual
- Or is able to further isolate the older adult.
5. OVERLY TRUSTING AND CHARITABLE
If older adult is overly trusting he/she is more likely to accept the word of a
stranger at face value. The overly trusting adult is also more likely to
trust a friend or relative even when what is being suggested does
not make sense.
- Victim projects trust on perpetrators
He wouldnt tell me I needed to do this if it wasnt true.
Overly trusting individuals are more likely to believe marketing appeals,
even if they defy logic.
6. OVERLY INDEPENDENT
Overly independent individuals are more vulnerable to fraud because they
are resistant to seeking a second opinion. They fear that asking for
advice will indicate a weakness or inability to handle their own
affairs. The fear is that if they appear unable to handle their own affairs, their family may take control for them.
7. ANXIETY ABOUT THE ADEQUACY OF ONES SAVINGS OR FAILING HEALTH
Older adults who fear that their savings are inadequate to see them
through life are more likely to fall for lottery/sweepstakes scams and
investments that promise unrealistic returns.
Older adults with serious illnesses may be more susceptible to sales
people or con artists who offer products or services that claim to restore
their health.
8. INABILITY TO HANG UP ON TELEMARKETERS
Those who think it impolite to hang up on a telemarketer are more likely to
buy what they dont need or cant afford, and are more likely to give
sensitive information to a stranger.
9. HOME OWNERSHIP
Older adults are primarily home owners
- Home owners are more visible, easier to get to, and are perceived
as being wealthier
- Older adults may be easier to find since they are not at work
10. MULTIPLE SOURCES OF INCOME
Criminals perceive older adults as being wealthy because they often have
several sources of income
- pensions, investments, savings, Social Security
II. WHY ELDERLY VICTIMS DONT REPORT
STATISTIC: Adult protection specialists estimate that as many as 80 percent of victims of financial exploitation do not report their victimization.
ELDERLY VICTIMS DO NOT REPORT BECAUSE:
1. They believe they are to blame for their own exploitation.
2. They are ashamed and embarrassed
3. They are fearful of being separated from their friends and family
- Because I have been victimized, my family may decide that I can no longer take care of myself and will decide to place me in a nursing home.
4. They are economically, physically or psychology dependent on their abuser
- If I report the exploitation, this person I depend on may leave or be incarcerated, and I will be alone.
5. They are intimated by the Criminal Justice System.
6. They are afraid of being harmed by the person who is exploiting them.
7. They are afraid of not being believed by family, friends and the legal system.
1) provides closure and healing to the victim
2) takes the perpetrator off the street.
III. CONSEQUENCES OF VICTIMIZATION
Older adults who are victims of financial exploitation and fraud:
Experience significant trauma as a result of these life-changing events. Symptoms of trauma may include:
- increased illness
- somatic distress
- untreated physical or mental health problems
The physiological process of aging brings with it a decreased ability to heal after trauma, both physically and mentally.
Feel personally violated
Lose trust in self and others
May suffer further isolation from family, friends, and the community
Financial exploitation and fraud can deplete life savings, resulting in:
- loss of a secure, comfortable retirement, and
- loss of access to in-home services, medical care, and insurance.
FOR THOSE VICTIMS LIVING ON A FIXED INCOME, BEING A VICTIM OF FRAUD MAY MEAN GOING WITHOUT FOOD, MEDICATION, AND OTHER NECESSITIES.
Trauma reactions can manifest similar to grief. Shock, anger, guilt, shame, depression and sorrow may be indicative of trauma.
Feelings of fearfulness, helplessness, confusion and self-blame may be apparent.
Risk of isolation is particularly high.
Older adults fear their competence and their ability to care for themselves may be questioned.
AARP's study show an educational approach succeeds in cutting the victim's response rate to telemarketing calls by about half. What doesn't work well, the AARP found, are scare tactics or any approach that makes the older person feel like an idiot for having been victimized.
Information must be provided in a way that reflects empathy for the victim--the notion anyone can fall prey to telemarketing fraud and that the victim is not stupid for doing so," the AARP researchers concluded. Otherwise, the victims may try to rationalize away the situation by denying they've been had, or avoiding the subject altogether, which means they may not pay attention to a discussion of techniques to help them avoid future scams.
So how should you approach a fraud victim or potential victim?
DONT PREACH. Being negative or condescending increases the chances your message will be tuned out.
DISCUSS THE SIGNS. Con artists often press victims to make a quick decision, citing some impending deadline. They often want credit card numbers or other personal information; seniors should be warned not to provide such information to anyone they don't know.
TALK ABOUT CONCRETE COPING STRATEGIES. Your friend or family members need to know it's OK to hang up on telemarketers. If they've been repeatedly victimized, discuss the possibility of changing their phone number; scam artists trade "sucker lists" of prior victims and the only way to get off may be to abandon the old number.
V. CHARACTERISTICS OF FRAUD PERPETRATORS
FRAUD PERPETRATORS ARE OF TWO BASIC TYPES:
1. Dysfunctional people with low self-esteem who may be abusing substances, feeling stressed, or feeling the weight of their caregiver responsibilities. They do not generally seek out their victims, but instead take advantage of opportunities that arise.
2. Those who methodically target vulnerable seniors, establish power, and use that power to obtain control of the victims assets. Those who target the elderly may be strangers who have never met their potential victims, or persons who have detailed knowledge and a personal relationship with their potential
victim.
IF THE PERPETRATOR IS A STRANGER:
1. Most are male.
2. They are charismatic & controlling; building on victims trust
- Uses promises whenever possible
- Will resort to threats and intimidation if promises do not work.
3. They are seldom violent, but without conscience.
- Not bound by conventional norms or ethics
- Rationalize their behavior
4. They have all types of psychological dysfunctions revealed in their
distorted thinking processes and lack of regard for others
5. They may be motivated by profit or a need to feel powerful or important.
- The challenge of the fraud itself may provide a high
- You have a college degree and think you are so smart; but I just
took all your money. So who is the smart one?
6. Often carry out their fraud without ever meeting their victim
- Telemarketing fraud
- Mail fraud
- Internet fraud
IF THE PERPETRATOR IS A FRIEND, RELATIVE OR CAREGIVER:
1. 60% are family members.
2. 60% are male.
3. Offenders tend to be significantly younger than their victims
- 40% are 40 and younger
- 40% are age 41-59
4. Offenders fall into three categories:
- Adult children, grandchildren and other relatives
- Professional caregivers
- Close friends or others in a position of trust
5. Because of their relationship with the victim, these offenders often gain access to documents and assets that enable them to carry out their fraud without any direct participation from their victims.
- Discovery of fraud, therefore, may take longer, with greater losses
6. Prosecution is often hindered due to the reluctance of the victim to testify against a friend or family member.
STATISTIC: 2/3 OF ALL FINANCIAL CRIMES AGAINST SENIORS ARE PERPETRATED BY SOMEONE KNOWN TO THE VICTIM.
VI. WARNING SIGNS OF POSSIBLE EXPLOITATION
1. UNUSUAL ACTIVITY IN BANK ACCOUNTS, numerous withdrawals from ATMs, overdrawn accounts, credit cards maxed out.
2. CAREGIVER TRIES TO ISOLATE THE VICTIM who comes to rely solely on the caregiver. Caregiver tells the older adult that family and friends no longer want to see him/her.
3. CAREGIVER HAS TOTAL CONTROL OVER FINANCES and has all financial statements mailed to him or her. Or caregiver is evasive about the adults finances, and may refuse to spend money on the adults care.
4. NEW ACQUAINTANCE(S) APPEAR ON THE SCENE and express gushy, undying affection for the older adult.
5. THE OLDER ADULT IS EITHER COMPLETELY CHARMED, OR FEARFUL OF THE CAREGIVER.
6. ADULT IS LIVING WELL BELOW HIS/HER MEANS and complaining of not having enough money, food, heat, or is poorly dressed.
7. PERSONAL BELONGINGS SUCH AS JEWELRY, ANTIQUES OR SILVERWARE ARE MISSING. Drivers license, social security card or other sensitive documents may also be missing.
8. POWER OF ATTORNEY IS GIVEN OR OTHER LEGAL DOCUMENTS (will, sale of property, etc.) ARE SIGNED WHEN THE ADULT IS CLEARLY NOT CAPABLE of understanding what they have done
9. CAREGIVER OR OTHER IN POSITION OF TRUST PROMISES LIFE-LONG CARE IN EXCHANGE FOR A CHANGE IN THE ADULTS WILL OR DEEDING OF PROPERTY TO CAREGIVER.
10. ADULT IS ENGAGING IN OR HAS ENGAGED IN LEGAL OR FINANCIAL MATTERS WITH NO COMPREHENSION AS TO WHAT WAS DONE OR WHY IT WAS DONE.
11. FAMILY MEMBER, WITH NO PREVIOUS INTEREST IN ADULTS WELL BEING, MOVES IN TO HELP CARE FOR ADULT, but has no independent source of income, and is relying on older adults resources.
12. NUMEROUS UNPAID BILLS, overdue rent, when a caregiver is to be paying.
13. EVICTION NOTICE ARRIVES when adult thought they owned the house.
14. ADULT RECEIVES LOTS OF MAIL for contests, free trips, prizes and sweepstakes, gets frequent calls from strangers offering great deals or asking for charitable contributions, or adult subscribes to more magazines than one person could normally read or receives lots of cheap items that he/she purchased in order to increase his/her chances of winning something.
VII. MINIMIZING YOUR RISK
1. Sit down with your attorney and family members and develop a plan for your future care needs, including Powers of Attorney and a Living Will. DA cases involving theft by perpetrators with Powers of Attorney have victims who have not planned for their future care. Instead, these victims were often targeted and preyed upon by someone who took advantage of the victims trust and isolation.
2. Create a team of advisors, 3 or 4 people you trust completely, who can advise you on important legal or financial decision, and who can help you set up a system of checks and balances so that no one person has total control of your finances.
3. Always have a Power of Attorney created by your attorney. If someone else draws up the POA document, have it reviewed by your attorney before you sign it.
4. When considering a Power of Attorney (POA), do not give a General POA when a limited one will do. Understand the different types of Power of Attorney available.
5. Remember that the person you trust the most is in the best position to steal from you two thirds (2/3) of all financial abusers are family members or persons with power of attorney.
6. Keep valuables and sensitive information locked up at all times. Do not leave items lying out where service personnel, friends, neighbors or family can easily acquire them.
7. If your Power of Attorney or anyone else suggests you make a change in your assets, your investments, or insurance, always get two or three other opinions from within your team of advisors. Only a potential crook will not want you to discuss the change with others.
8. No matter how much you know, love or trust someone, NEVER sign papers you have not read or do not understand.
9. Even if you have a representative payee, Power of Attorney or other advisor who manages your finances, insist on receiving and reviewing copies of all bank and financial statements, or have a third party you trust receive and review them.
10. Do not allow someone elses name (family or close friend included) to be added to your checking or investment accounts without setting up safeguards. If you add someone to your account, you or a third party should receive and review the financial statements.
REMEMBER: When you add anyones name to your bank account, credit account or investment account, they become an equal owner of that account! That account is as much theirs as yours just by adding them to the signature card.
11. Put all of your personal phone numbers on the Colorado Do Not Call List to eliminate most of the sales calls.
12. Do not give any information to strangers who might call or otherwise contact you. Do not give account numbers, Social Security Numbers, drivers license numbers to anyone who contacts you. For your own safety do not tell a caller your age, physical condition, whether you live alone, etc. Giving this information may identify you as a good target for a scam. No one has the right to any personal information about you.
VIII. RESOURCES
1. TO REPORT POSSIBLE ABUSE, NEGLECT OR EXPLOITATION OF OLDER ADULTS
In Adams County:
Call the Adult Protection Services: 303-227-2348
In Arapahoe County:
Call the Adult Protection Services Hotline: 303-636-1750
In Douglas County:
Call Department of Human Services 303-688-4825
In Elbert County:
Department of Social Services
Kiowa Office 303-621-3149
Simla Office 719-541-2369
In Jefferson County:
Call the Human Services Department: 303-271-4339
In Lincoln County:
Call Department of Social Services 719-743-2404
If warranted, a referral for further investigation will be made to the appropriate law enforcement agency.
2. FOR ASSISTANCE IN FINDING A SUITABLE NURSING HOME OR FOR ASSISTANCE IN RESOLVING AN ABUSE ISSUE WITH A NURSING HOME, CALL THE REGIONAL OMBUDSMEN:
Adams, Arapahoe, Broomfield, Denver, Douglas, & Jefferson Counties
303-455-1000
Boulder County 303-441-3199
Elbert & Lincoln Counties 719-348-5562
Or call the state Long Term Care Ombudsmen at 800-288-1376
3. IF YOU ARE BEING ABUSED OR KNOW SOMEONE WHO IS BEING ABUSED, AND NEED A REFERRAL TO A LOCAL AGENCY THAT CAN HELP YOU:
Eldercare Locator, 1-800-677-1116
4. FOR A LIST OF STATE ELDER ABUSE HOTLINES:
www.elderabusecenter.org
5. NO CALL LISTS
Colorado No Call List:
1-800-309-7041 or 303-776-2678
www.coloradodonocall.com/
National Do Not Call Registry:
1-888-382-1222
www.donotcall.gov
To file a complaint for a violation of the National no call list
www.ftc.gov/donotcall/
6. DISTRICT ATTORNEYS WEBSITE: www.da18.org
7. DISTRICT ATTORNEYS CONSUMER PROTECTION LINE: 720-874-8547
8. TO REPORT FRAUD
In Arapahoe, Douglas, Lincoln and Elbert Counties:
Call the District Attorneys Fraud Assistance Line, 720-874-8547
In Denver City and County:
Call the District Attorneys Fraud Line at 720-913-9179.
In Adams & Broomfield Counties:
Call the District Attorneys Office, 303-659-7720
In Boulder County:
Call the District Attorneys Office, 303-441-3700
In Jefferson & Gilpin Counties:
Call the District Attorneys Office, 303-271-6931