Fraud and Elderly Abuse

The defendant was an insurance agent who took in an elderly woman and jointly purchased a house with her. The agent and her husband agreed to take care of the woman for life in exchange for help in purchasing the house. At some point, due to potential liability and medical reimbursement issues, the elderly woman quitclaimed the house to the defendant.

The elderly woman, probably in the early stages of dementia, became dissatisfied and left the home at the urging of an acquaintance. When they checked on the elderly woman’s property, they found the quitclaim deed. The acquaintance helped the woman file suit for fraud and helped her bring criminal charges against the defendant.

The defense knew that this would be a sensitive case, as it involved an elderly person, for whom a jury would have extra sympathy. The prosecution fought hard, using a handwriting expert who said that the signature on the quitclaim deed was not the elderly woman’s signature.

However, the defense was able to show during cross-examination that the elderly woman had a propensity to lie. Bill Nimmo also utilized ink-aging experts to contest the validity of the state’s claim that the notarization was a fraud. The defense was able to strike a plea bargain with the prosecution, where the defendant received a misdemeanor and no time in custody.