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Fraud by Caretakers
My question involves criminal law for the state of: Texas
I am the executor of an Estate. It was brought to my attention by certain parties that things were going on while the deceased was alive, that the deceased was unaware of (but of course, no-one wanted to get involved).
Long story short, there was a lot of credit card fraud, check fraud, banking fraud.. occuring by a couple of the caretakers. The deceased was bed ridden and had 24 hour care.
I have looked at all the checks issued in the last 2 years, and sure, they were not all written by the deceased. I have had a hand writting expert analyze some of the checks, and sure enough, a good number of them are forgeries.
Now here lies my problem.
- The DA's office will not investigate because they say... although it is a forgery, only the deceased can say that they DID NOT give the forger (get this) PERMISSION to forge checks in the deceased name.
- Some of the checks were written while the deceased was in Surgical ICU and not allowed any visitors.
- The bank says, "well even if it is a forgery, it was negligence on the deceased part".
- Credit card companies do not invistigate unless thousands of dollars are at stake.
- One of the care takers changed the billing address of the deceased to their own personal house address, and the US post office is not interested in the mail fraud aspect.
- Several of the caretakers have criminal rap sheets (no joke) and fraud and burglary of a habitation are items on their sheets, and they are on probation! But STILL work for a home health care agency, taking care of people who can not fend for themselves.
- The same health care agency made the wall street news because in the state of California, they not only wiped the client clean, they also murdered the client. But heck what does the State of Texas care. The deceased is dead, and that is that.
The health care agency is a franchise and the owner is well aware of what their workers are doing.
It gets worse.. but this is just a teaser.
I am looking for avenues of justice for the Estate.
Any suggestions as to where to call, report, lobby, complain to, file a report... you name it.. would be greately appreciated.
I have a lawyer, but i am trying not to drain the estate, so any help I provide means more money for the estate.
Thanks in advance.
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Re: Fraud by Caretakers
Consider seeing if the probate court will authorize you to sue the caretakers to recover the money.
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Re: Fraud by Caretakers
I can file a civil law suit against the caretakers, and I can file a lawsuit against the Home Health Care Agency.. however that takes money away from the Estate.
With the exception of the Health Care Agency, I have a feeling that the amount of money that will be spent on court costs and lawyers fees will pale to the amount of money the Estate will recover.
I am looking for a way to make the State be responsible as this is a licensed home health care agency.
In addition, I am looking for a way to further prevent this from happening to others.
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Re: Fraud by Caretakers
You can file complaints with any agencies, public and private, you find that offer oversight over this type of service.