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  1. #1
    Join Date
    Nov 2010
    Location
    Riverside, CA.
    Posts
    13

    Question Can You Be Investigated by the Police for a Crime You Report

    My question involves police conduct in the State of: CA
    Called police to file elder financial abuse my brother is doing to our mom. Gave cop copy of their bank statements showing him illegally doing an in house transfer from mom's personal SS deposit account into his where he is the beneficiary of disability and my mom was the rep payee. 1. It's illegal for any other deposits to be made into a rep payee account. 2. It's against the law for the beneficiary to have direct access to his funds. 3. There is a $2,000.00 limit to that account and was over the limit by a couple hundred (on more than one occasion). 4. It's against the law mixing Rep. payee money and beneficiary money.

    The bank had not been monitoring these accounts at all and for years illegal deposits have been made. I showed the bank what was going on and that my mom's history screams abuse. Riddled with pay day loans to the point they consumed all her benefits every month. No bills paid, insufficient funds and overdraft chgs kept putting her account in the red. Banks say they are the first line of defense to catch elder abuse. YEAH RIGHT!

    After the cop left he went over to my brothers who is 5150 and has been abusing my mom and has made her stay there for protection. I went to get a copy of the report to add it to a restraining order I was going to file. But was told it's open (reported it 11/10/2018) and I am the suspect! ME? I don't have a bank account or a cell phone or made the transfers and I have never stolen money from anyone! I can make my own. My mom is covering for him. I know I need to talk to an attorney about this. Wondering if there's any suggestions? I have the year of 2018 of her statements when I made the report I only gave them a copy of hers and his for one month. I only had that one of his. I need to get this cleared up I was given the name of the detective.

  2. #2

    Default Re: Made Report to Police Re Bro Crimes Now I'm the Suspect

    Did you have a question?
    What did the detective have to say, if you talked to him?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,395

    Default Re: Made Report to Police Re Bro Crimes Now I'm the Suspect

    First off, does anyone have a legal power of attorney over mom's finances? If not, is it possible that she approved these financial actions? Even if she is being unduly influenced by your brother, there's likely no provable crime if she is capable of granting her consent for any money transfers.

    Second, your brother is not "5150" unless he has been taken in on an involuntary hold for mental health issues. You may not like him, you may think his actions are crazy, but he's not "5150."

    Third, how has he been "abusing" your mom"? Physically? Some other way? And how is he forcing her to stay with him?

    Fourth, what is this restraining order? You cannot file a restraining order on behalf of mom. If you want your brother to stop harassing you, sure.

    Finally, if you are a suspect in a financial fraud case, then you should NOT speak with the detective until you have consulted with an attorney. They may not have much of a case against you if they competing claims and interpretations of the bank statements, but, it's possible that things could go bad for you. And if mom is covering for him, chances are she is sufficiently sound mind to also limit or prevent any claims of elder financial abuse from gaining traction. If you can objectively show (through competent evidence such as a doctor's evaluation) that mom is mentally incapable of handling her own financial affairs, MAYBE you can seek a conservatorship or power of attorney. Too often these are difficult to obtain when you have one sibling with physical and emotional control over the parent with the deep pockets. If you wish to seek a conservatorship or power of attorney, I would recommend you speak with an attorney that deals with those matters.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
    Join Date
    Nov 2010
    Location
    Riverside, CA.
    Posts
    13

    Default Re: Made Report to Police Re Bro Crimes Now I'm the Suspect

    No POA she wanted me as her agent and bugged me about it up until he had gotten his mitts on her and kept her. I felt the damage is done. He's got everything. He's a paranoid schizophrenic that's why he collects disability. He's been abusing our 90 yr old mom with threats of harm to me or abandonment. She has a rev mortgaged home where I have been taking care of her. He forced her out of her home because he would take all her money. No $ for food or utilities. He neglects her - will not get her prescriptions for her, her eye glasses have been ready for weeks. He makes her miss doc appts. keeps her confused and at times paranoid. She's supposed to be monitoring her blood pressure... he wont get her a new moitor. He's wiped her out of any and all things of value. All she has left is dishes, flat ware clothes and old furniture. He is keeping her with him 1. protection. 2. he wants her to loose her home. 3. to get every last dime he can.

    Oh and one more thing I have a letter from her doctor stating the abuse, cognitive decline and memory loss. When I made the report I gave them a copy.

    I spoke with a elder abuse attry a few days ago he told me I need to get this in front of a judge. And the way to do that is restraining order. She is being brainwashed. And conservatorship is too costly. Thats how I found out the suspect had been switched to me. There's no evidence only her word.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Made Report to Police Re Bro Crimes Now I'm the Suspect

    If your mother is not capable of being a rep payee, why does she continue to do so? It would appear your mother needs a guardian or conservator herself.

    it is not the banks obligation to police your mothers account for transactions that don’t appear out of the ordinary. The transactions you list don’t appear to be out of the ordinary.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,395

    Default Re: Made Report to Police Re Bro Crimes Now I'm the Suspect

    Quote Quoting tradingpennys
    View Post
    No POA she wanted me as her agent and bugged me about it up until he had gotten his mitts on her and kept her.
    Then you are in a difficult legal position to try and have him charged with any crimes. All she has to say is she agreed to whatever he did and chances are good that the matter is closed ... unless she comes across as clearly incapable of making her own decisions.

    He's a paranoid schizophrenic that's why he collects disability.
    That's a disability, but there are a great many who have never been committed pursuant to 5150 and can live productive lives. I'm not trying to diminish the potential risk as a result of his diagnosis, but when dealing with the authorities - and the court, I would avoid blanket and largely irrelevant commentary upon his perceived or diagnosed mental state unless it directly applies to the matter under discussion.

    He's been abusing our 90 yr old mom with threats of harm to me or abandonment.
    And she'll tell the police that he has extorted her with such threats? If the answer is, "No," then you are still at square one and on the outside

    She has a rev mortgaged home where I have been taking care of her. He forced her out of her home because he would take all her money. No $ for food or utilities. He neglects her - will not get her prescriptions for her, her eye glasses have been ready for weeks. He makes her miss doc appts. keeps her confused and at times paranoid. She's supposed to be monitoring her blood pressure... he wont get her a new moitor. He's wiped her out of any and all things of value. All she has left is dishes, flat ware clothes and old furniture. He is keeping her with him 1. protection. 2. he wants her to loose her home. 3. to get every last dime he can.
    Sounds bad, and potentially some criminality here, but, you still have to overcome her consent. Have you spoken to Adult Protective Services?

    Oh and one more thing I have a letter from her doctor stating the abuse, cognitive decline and memory loss. When I made the report I gave them a copy.
    I suspect the doctor did not go so far as to recommend a conservatorship or POA, did he?

    I spoke with a elder abuse attry a few days ago he told me I need to get this in front of a judge. And the way to do that is restraining order. She is being brainwashed. And conservatorship is too costly. Thats how I found out the suspect had been switched to me. There's no evidence only her word.
    HOW are you going to get this before a Family or other court for a restraining order? What kind of TRO are you planning to file?
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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