Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
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Civil Case Pleadings & Materials

Settlement Agreement between the U.S.; the State of Texas; the Texas Health and Human Services Commission; Regency Nursing and Rehabilitation Centers; and the Regency Settling Parties, regarding allegedly improper Medicare and Medicaid claims. The settlement includes monetary payment and terms for payment. (4/2009)

Federal
10

Report compares the staffing levels and deficiencies in the largest for-profit nursing home chains and chains owned by private equity companies. By Charlene Harrington, Brian Olney, Helen Carrillo, and Taewoon Kang.

Federal
10

In the United States District Court for the Eastern District of Pennsylvania, United States and the Commonwealth of Pennsylvania, Department of Public Welfare, v. Holland-Glen, Verified Complaint for Injunctive Relief. Count One - injunction against fraud, Count 2 - injunction to enjoin conduct subject to a civil monetary penalty, Count 3 - injunction for violation of DPW regulations. Plaintiff pray that defendants stop false practices and accept professional standards and proper licensing.

Federal
10

In the United States District Court for the District of Montana, Great Falls Division, United States v. Jesse A. Marcel III and Northwest Senior Care Association. Grand jury Indictment, Health care fraud, false claims, wire fraud.

Federal
10

In the United States District Court for the Western District of Pennsylvania, United States v. Martha Bell, Atrium I Nursing and Rehabilitation Center, Grand Jury Indictment, Martha Bell was the organizer and leader of criminal activities, monetary payment.

Federal
Brief of Appellees, 2014, 19 pgs
Other Materials

Argues Court must afirm convictions but reverse decision to merge scheme to defraud and deceptive business practices convictions because sentence is appropriate due to aggravating factors

Alaska Stat. §11.46.600 and §11.46.600(a)(1), (a)(2) and §11.46.701 and §11.46.701(a)(1) and §11.46.710(d) and §12.55.125(d), (d)(1), (k) and §12.55.155(c)(10), (c)(16) and Alaska R.Evid. 404(b)(1)

Alaska
Other Materials

Argues Court must affirm Superior Court's judgment because Office of Elder Fraud and Assistance's failure to conduct a reasonable investigation prior to filing petition and facts' failure to support fraud allegations warrant upholding fees award

Alaska App.R. 204(a)(2) and Alaska Stat. §113.26.105 and §13.26.106(c) and §13.26.113(c), (d) and §13.26.165(2) and §13.26.180 and §13.26.195(c-d) and §13.26.207 and §13.26.208 and §13.26.209 and §13.26.324(3) and §13.26.344(d), (h), (i)(1), (j)(1) and §13.26.353(c) and §22.05.010(a) and §44.21.415 and Alaska Civ.R. 11 and 82

Alaska
Brief of Appellee, 2013, 8 pgs
Other Materials

Argues disputed amount of restitution was established by a preponderance of evidence. Requests Court affirm award (2013)

Alaska Statute 12.55.100(a)(2); Alaska Statute 12.55.045(a) and (b)

Alaska
Brief of Appellee, 2013, 26 pgs
Other Materials

Argues Court must affirm restitution award in its entirety because evidence supports portions related to the accounts

Alaska Stat. §12.55.100(a)(2) and §12.55.045(a), (b) and §11.46.139(a)(1) and §11.46.600(a)(1)

Alaska
Complaint, 2013, 10 pgs
Criminal Case Materials

Alleges: conversion of funds; breach of fiduciary duty; fraudulent obtaining and use of access device; breach of good faith and fair dealing. Requests damages in excess of $30,000 (2013)

AS 44.21.415

Alaska
Trial Pleadings

Recommends judgment in plaintiff's favor for economic damages in principal amount plus contractual interest through judgment entry date, attorney fees, costs and post-judgment interest

Alaska Stat. §44.21.415 and §09.25.010 and §09.25.020 and §09.25.020(1) and Alaska R.Civ.P. 26(a)

Alaska
Criminal Case Materials

Requests Order to protect assets during pendency of protective proceeding and to prevent unjust enrichment (2012)

AS 44.21.415

Alaska
Other Materials

Argues Court must affirm judgment because passenger had no fiduciary relationship with liability insurer, failed to establish actual damages, and trial court awarded no damages or affirmative relief

Alaska Stat. §09.17.080 and §21.96.020(c) and §22.05.010(a) and Alaska App.R. 202

Alaska
Other Materials

Argues failure to establish deprivation of federal right or suffering due to lack of process. Requests affirmation of superior court decision (2010)

42 U.S.C. §1983; AS 09.50.250; 22.05.010; 47.32; 47.33

Alaska
Other Materials

Argues superior court decision must be affirmed because state tort claims are barred by an Alaska statute and no claim establishes depravation of a federally protected right or a lack of due process

Alaska Stat. §09.50.250 and §47.32 and §47.32.010 and §47.32.030 and §47.32.060 and §47.32.070 and §47.32.090 and §47.32.110 and §47.32.120 and §47.32.130 and §47.32.140 and §47.32.160 and §47.32.160(A) and §47.32.900 and §47.33 and §47.33.550

Alaska
Appellant's Brief, 2010, 25 pgs
Other Materials

Argues all defendants and counts must be remanded for a jury trial because trial court erred in granting motion for summary judgment since record presents genuine issues of material fact including whether report of harm was in "good faith" and failure to supervise and train claim should not have been dismissed

Alaska Stat. §109.50.250(3) and §09.65.070(d)(2) and §22.05.010(a) and §47.24.010 and §47.24.110 and §47.24.120(a) and §47.24.900 and §47.32.160(a) and Alaska App.R. 202(a)

Alaska
Brief of Appellee, 2010, 13 pgs
Other Materials

Argues Court must affirm denial of post-conviction relief because defendant's attorney's retroactive transfer to disability status did not equate to per se ineffectiveness

Alaska R.Crim.P. 16 and Alaska R.Evid. 404(b)(4)

Alaska
Plaintiffs' Trial Brief, 2009, 12 pgs
Other Materials

Argues financial exploitation of elderly adult. Requests order to convey interest in co-owned property, financial accounting and damages based on evidence (2009)

AS 47.24.900(16); 7 AAC 43.750-795

Alaska
Civil Case Pleadings & Materials

Alleges: conversion of money; conversion of property; civil fraud; breach of fiduciary duty; breach of fair dealing and value misrepresentation. Requests sale rescission, financial accounting, injunction against communication, all monies reimbursed, attorney's fees, costs. punitive damages (2008)

AS 13.26.150; AS 13.26.280(c)(23) and (24); Alaska Rule of Civil Procedure 82

Alaska
Other Materials

Affirms victim's declining health, mental abilities and cognitive capacity rendered him disoriented, dependent and susceptible to undue influence (2008)

Civil Rule 26(a)

Alaska
Other Materials

Argues discretionary function immunity protects against conservator's claim of actionable duty to upgrade a conservatorship to a guardianship (2004)

AS 09.50.250; 13.26.090; 13.26.108; 13.26.113; 13.26.116; 13.26.125; 13.26.150; 13.26.165; 13.26.240; 13.26.245; 13.26.280; 13.26.305; 13.26.360; 13.26.390; 13.36.225; 44.21.410; 47.24.010; 47.24.900; 2AAC 60.010

Alaska
Trial Pleadings

Requests Court: grant temporary restraining order and waive security requirement or, in the alternative, set nominal bond and grant permament injunction until modification or litigation is resolved

Ala.R.Civ.P. 65

Alabama
Brief of Appellees, 2014, 16 pgs
Other Materials

Argues Court must affirm trial court's opinion and proponents are entitled to summary judgment

Ala. Code §43-8-130 and §43-8-132 and Ala.R.App.P. 28 and 29 and Ala. R.Civ.P. 56 and Ala. Jury Inst. No. 38.09

Alabama
Brief of Appellants, 2014, 21 pgs
Other Materials

Argues Court must: vacate trial court's Final Judgment; vacate trial court's Order; provide new trial court with jury selection and punitive damage award guidelines

Ala. Code §6-5-70 and §6-5-71 and §6-5-391 and §6-11-21(b) and §10-2A-90 and §10-2A-58 and §10-2A-57 and §12-2-7 and §12-13-11(a) and Ala.R.App.P. 28(a)(1) and 34(a) and Ala.R.Civ.P. 59(a)

Alabama
Other Materials

Argues Court must reverse trial court's decision and assess entire Plaintiffs' attorneys' fees as damages under equitable principles and Alabama Litigation Accountability Act

Ala. Code §112-19-270 and §12-19-271 and §12-19-272 and §26-1A-117 and §26-1A-123 and Ala.R.App.P. 28(g) and 32 and 38

Alabama

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