U.S. Department of Justice

Office of Community Oriented Policing Services

www.cops.usdoj.gov

Financial Crimes

Against the

Elderly

by

Kelly Dedel Johnson

Problem-Oriented Guides for Police 

Problem-Specific Guides Series

No. 20
www.PopCenter.org

Got a Problem? We’ve got answers!

Log onto the Center for Problem-Oriented Policing website

at www.popcenter.org for a wealth of information to help

you deal more effectively with crime and disorder in your

community, including:

• Web-enhanced versions of all currently available Guides

• Interactive training exercises

• On-line access to research and police practices

Designed for police and those who work with them to

address community problems, www.popcenter.org is a great

resource in problem-oriented policing.

Supported by the Office of Community Oriented Policing

Services, U.S. Department of Justice.

Center for Problem-Oriented Policing
Financial Crimes Against

the Elderly

Kelly Dedel Johnson

This project was supported by cooperative agreement

#2002CKWX0003 by the Office of Community Oriented Policing

Services, U.S. Department of Justice. The opinions contained herein

are those of the author(s) and do not necessarily represent the

official position of the U.S. Department of Justice.

www.cops.usdoj.gov

ISBN: 1-932582-22-3

Problem-Oriented Guides for Police 

Problem-Specific Guides Series

Guide No. 20

About the Problem-Specific Guides Series i

About the Problem-Specific Guides Series

The Problem-Specific Guides summarize knowledge about

how police can reduce the harm caused by specific crime

and disorder problems. They are guides to prevention and

to improving the overall response to incidents, not to

investigating offenses or handling specific incidents. The

guides are written for police–of whatever rank or

assignment–who must address the specific problem the

guides cover. The guides will be most useful to officers

who

• Understand basic problem-oriented policing

principles and methods. The guides are not primers in

problem-oriented policing. They deal only briefly with

the initial decision to focus on a particular problem,

methods to analyze the problem, and means to assess

the results of a problem-oriented policing project. They

are designed to help police decide how best to analyze

and address a problem they have already identified. (An

assessment guide has been produced as a companion to

this series and the COPS Office has also published an

introductory guide to problem analysis. For those who

want to learn more about the principles and methods of

problem-oriented policing, the assessment and analysis

guides, along with other recommended readings, are

listed at the back of this guide.)

• Can look at a problem in depth. Depending on the

complexity of the problem, you should be prepared to

spend perhaps weeks, or even months, analyzing and

responding to it. Carefully studying a problem before

responding helps you design the right strategy, one that

is most likely to work in your community. You should

not blindly adopt the responses others have used; you

must decide whether they are appropriate to your local

situation. What is true in one place may not be true
ii Financial Crimes Against the Elderly

elsewhere; what works in one place may not work

everywhere.

• Are willing to consider new ways of doing police

business. The guides describe responses that other

police departments have used or that researchers have

tested. While not all of these responses will be

appropriate to your particular problem, they should help

give a broader view of the kinds of things you could do.

You may think you cannot implement some of these

responses in your jurisdiction, but perhaps you can. In

many places, when police have discovered a more

effective response, they have succeeded in having laws

and policies changed, improving the response to the

problem.

• Understand the value and the limits of research

knowledge. For some types of problems, a lot of useful

research is available to the police; for other problems, little

is available. Accordingly, some guides in this series

summarize existing research whereas other guides illustrate

the need for more research on that particular problem.

Regardless, research has not provided definitive answers to

all the questions you might have about the problem. The

research may help get you started in designing your own

responses, but it cannot tell you exactly what to do. This

will depend greatly on the particular nature of your local

problem. In the interest of keeping the guides readable, not

every piece of relevant research has been cited, nor has

every point been attributed to its sources. To have done so

would have overwhelmed and distracted the reader. The

references listed at the end of each guide are those drawn

on most heavily; they are not a complete bibliography of

research on the subject.
About the Problem-Specific Guides Series iii

• Are willing to work with other community agencies

to find effective solutions to the problem. The police

alone cannot implement many of the responses

discussed in the guides. They must frequently implement

them in partnership with other responsible private and

public entities. An effective problem-solver must know

how to forge genuine partnerships with others and be

prepared to invest considerable effort in making these

partnerships work.

These guides have drawn on research findings and police

practices in the United States, the United Kingdom,

Canada, Australia, New Zealand, the Netherlands, and

Scandinavia. Even though laws, customs and police

practices vary from country to country, it is apparent that

the police everywhere experience common problems. In a

world that is becoming increasingly interconnected, it is

important that police be aware of research and successful

practices beyond the borders of their own countries.

The COPS Office and the authors encourage you to

provide feedback on this guide and to report on your own

agency's experiences dealing with a similar problem. Your

agency may have effectively addressed a problem using

responses not considered in these guides and your

experiences and knowledge could benefit others. This

information will be used to update the guides. If you wish

to provide feedback and share your experiences it should

be sent via e-mail to cops_pubs@usdoj.gov.
iv Financial Crimes Against the Elderly

For more information about problem-oriented policing,

visit the Center for Problem-Oriented Policing online at

www.popcenter.org or via the COPS website at

www.cops.usdoj.gov. This website offers free online access to:

• the Problem-Specific Guides series,

• the companion Response Guides and Problem-Solving Tools

series,

• instructional information about problem-oriented policing

and related topics,

• an interactive training exercise, and

• online access to important police research and practices.
Acknowledgments v

Acknowledgments

The Problem-Oriented Guides for Police are very much a

collaborative effort. While each guide has a primary

author, other project team members, COPS Office staff

and anonymous peer reviewers contributed to each guide

by proposing text, recommending research and offering

suggestions on matters of format and style.

The principal project team developing the guide series

comprised Herman Goldstein, professor emeritus,

University of Wisconsin Law School; Ronald V. Clarke,

professor of criminal justice, Rutgers University; John E.

Eck, associate professor of criminal justice, University of

Cincinnati; Michael S. Scott, clinical assistant professor,

University of Wisconsin Law School; Rana Sampson,

police consultant, San Diego; and Deborah Lamm Weisel,

director of police research, North Carolina State

University.

Karin Schmerler, Rita Varano and Nancy Leach oversaw

the project for the COPS Office. Suzanne Fregly edited

the guides. Research for the guides was conducted at the

Criminal Justice Library at Rutgers University under the

direction of Phyllis Schultze.

The project team also wishes to acknowledge the members

of the San Diego, National City and Savannah police

departments who provided feedback on the guides' format

and style in the early stages of the project, as well as the

line police officers, police executives and researchers who

peer reviewed each guide.

Contents

About the Problem-Specific Guides Series . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i

Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

The Problem of Financial Crimes Against the Elderly . . . . . . . . . . . . . . . . . . . . . . . 1

Fraud Committed by Strangers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Financial Exploitation by Relatives and Caregivers . . . . . . . . . . . . . . . . . . . . . 5

Related Problems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Factors Contributing to Financial Crimes Against the Elderly . . . . . . . . . . . . . . 8

National Prevalence Estimates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Underreporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Victim Vulnerabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Victim Facilitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Revictimization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Types of Influence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Offender Characteristics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Warning Signs and Indicators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Lack of Oversight of Legal Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Laws and Agencies Involved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Understanding Your Local Problem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Asking the Right Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Fraud: Victims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Fraud: Persons Who Avoid Victimization . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Fraud: Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Fraud: Incidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Financial Exploitation: Victims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Financial Exploitation: Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Financial Exploitation: Incidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Contents vii
viii Financial Crimes Against the Elderly

Measuring Your Effectiveness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Financial Exploitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Responses to the Problem of Financial Crimes Against the Elderly . . . . . . . . . . . . . . . . . . . 35

General Responses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Specific Responses: Fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Specific Responses: Financial Exploitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Responses With Limited Effectiveness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Appendix: Summary of Responses to Financial Crimes Against the Elderly . . . . . . . . . . . . . 49

Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

About the Author . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

Recommended Readings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

Other Problem-Oriented Guides for Police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
The Problem of Financial Crimes Against the Elderly 1

The Problem of Financial Crimes Against

the Elderly

This guide addresses the problem of financial crimes

against the elderly. It begins by describing the problem and

reviewing risk factors. It then identifies a series of

questions to help you analyze your local problem. Finally,

it reviews responses to the problem and describes the

conditions under which they are most effective.

Financial crimes against the elderly fall under two general

categories: fraud committed by strangers, and financial

exploitation by relatives and caregivers. These categories

sometimes overlap in terms of target selection and the

means used to commit the crime. However, the differences

in the offender-victim relationships suggest different

methods for analyzing and responding to the problem.

Fraud Committed by Strangers

Fraud generally involves deliberately deceiving the victim

with the promise of goods, services, or other benefits that

are nonexistent, unnecessary, never intended to be

provided, or grossly misrepresented.1 There are hundreds

of frauds, but offenders generally use a small subset of

these against the elderly. The frauds typically occur within

a few interactions.

• Prizes and sweepstakes. These frauds generally involve

informing the victim that he or she could win, or has

already won, a "valuable" prize or a lot of money. The

victim is required to send in money to cover taxes,

shipping, or processing fees. The prize may never be

delivered or, if so, is usually costume jewelry or cheap

electronic equipment worth less than the money paid to

retrieve it.
2 Financial Crimes Against the Elderly

• Investments. Because many seniors live on fixed incomes,

they often want to increase the value of their estate and

ensure they have sufficient funds to meet basic needs. In

investment scams, offenders persuade the elderly to invest

in precious gems, real estate, annuities, or stocks and bonds

by promising unrealistically high rates of return. The

investments often consist of fake gemstones, uninhabitable

property, or shares in a nonexistent or unprofitable

company.

• Charity contributions. Playing on some seniors' desire to

help others, offenders solicit donations to nonexistent

charities or religious organizations, often using sweepstakes

or raffles to do so.

• Home and automobile repairs. Offenders may

recommend an array of fraudulent "emergency" home

repairs, often requiring an advance deposit. They may

subsequently fail to do any work at all, start but not finish

the work, or do substandard work that requires correction.

Common frauds include roof repairs, driveway resurfacing,

waterproofing, and pest control. The offenders are often

transient, moving among neighborhoods, cities, and even

states. Dishonest auto mechanics may falsely inform

customers that certain repairs are needed, or they may bill

for services or repairs that were not requested or were not

completed.

• Loans and mortgages. Seniors may experience cash flow

shortages in the face of needed medical care or home

repairs. Predatory lenders may provide loans with

exorbitant interest rates, hidden fees, and repayment

schedules far exceeding the elderly's means, often at the

risk of their home, which has been used as collateral.
The Problem of Financial Crimes Against the Elderly 3

• Health, funeral, and life insurance. Many seniors are

concerned about having the funds to pay for needed

medical care or a proper burial, or to bequeath to loved

ones upon death. Unscrupulous salespeople take advantage

of these concerns by selling the elderly policies that

duplicate existing coverage, do not provide the coverage

promised, or are altogether bogus.†

• Health remedies. The elderly often have health problems

that require treatment. Preying on this vulnerability,

offenders market a number of ineffective remedies,

promising "miracle cures." Unfortunately, given this false

hope, many seniors delay needed treatment, and their

health deteriorates further.

• Travel. Compared with younger adults, seniors often have

more leisure time and are attracted to low-cost travel

packages. However, many of these packages cost far more

than market rates, provide substandard accommodations,

or do not provide the promised services.

• Confidence games. These frauds generally do not involve

a product or service; instead, they include a broad array of

deceitful scenarios to get cash from the elderly. The

offender may pretend to be in a position of authority (e.g.,

a bank examiner), or otherwise trustworthy, concocting a

story to get the victim to hand over cash, then

disappearing.†† For example, the perpetrators of "lottery

scams" claim to have won the lottery but to have no bank

account in which to deposit the winnings. The offender

promises the victim a premium in exchange for use of his

or her account. After the victim makes a "good faith"

payment to the offender, the victim never hears from the

offender again.

† Harshbarger (1993) commented

on this problem as having "all of the

factors which create an environment

for fraud and exploitation...the need

is great, the cost is high, even

legitimate policies are complex and

confusing, and the population is

vulnerable and living in fear of the

day the bill comes due."

†† See Whitlock (1994) for detailed

descriptions of numerous

confidence games.
4 Financial Crimes Against the Elderly

In addition to variations in the type of product or service

offered, frauds vary widely in the means used to commit

them.

• Telemarketing. Offenders call people at home, using

high-pressure tactics to solicit money for fraudulent

investments, insurance policies, travel packages, charities,

and sweepstakes. Fraudulent telemarketing operations are

designed to limit the benefit to the customer while

maximizing the profit for the telemarketer and for the

highly efficient contact of a lot of potential customers.†

• Mail. Fraudulent prize and sweepstakes operations often

mail materials to a wide audience, relying on potential

victims to "self-select" by returning a postcard or calling to

indicate their interest. The mailings often look official, use

extensive personalization (e.g., repeating the recipient's

name in the text), include claims of authenticity, have

contradictory content or "double-talk," and make a

seemingly low-key request for the recipient to submit a

small fee.2

• Face-to-face contact. Some frauds involving products

and services (e.g., home and auto repairs) require face-toface contact at either the victim's home or a business.

Alternatively, a scammer gains entry to the victim's home

by posing as a utility worker and distracts the victim while

an accomplice burglarizes the home.

Successful frauds share common elements. The offenders

gain trust and confidence through their charisma, by using

a business name similar to that of a well-established

organization, or by communicating a concern for the

elder's well-being. They create the impression that the

† See Schulte (1995) for detailed

descriptions of a variety of

telemarketing scams.
The Problem of Financial Crimes Against the Elderly 5

elder has been "chosen" or is "lucky" to receive the offer,

and that such offers are rare. They encourage their victims

to make an immediate decision or commitment to

purchase products or services, which effectively limits the

opportunity for consultation with others. Further, since

the "special" offers are available to only a select group of

customers, the offenders ask the victims to be discreet and

not discuss the details, shrouding the transaction in

secrecy and decreasing the chance of discovery by a family

member, neighbor, or other concerned party. The frauds

occur quickly, with little risk of exposure.

Financial Exploitation by Relatives and Caregivers

Unlike strangers, relatives and caregivers often have a

position of trust and an ongoing relationship with the

elderly. Financial exploitation occurs when the offender

steals, withholds, or otherwise misuses their elderly

victims' money, property, or valuables for personal

advantage or profit, to the disadvantage of the elder. Their

methods can include the following:

• simply taking the elder's money, property, or valuables;

• borrowing money (sometimes repeatedly) and not paying it

back;

• denying services or medical care to conserve funds;

• giving away or selling the elder's possessions without

permission;

• signing or cashing pension or social security checks

without permission;

• misusing ATM or credit cards, or using them without

permission;

• doling out the elder's money to family or friends; and 

• forcing the elder to part with resources or to sign over

property.3
6 Financial Crimes Against the Elderly

The tactics offenders use include deceit, coercion,

intimidation, emotional abuse, or empty promises of

lifelong care. Further, they usually try to isolate the victim

from friends, family, and other concerned parties. By

doing so, they prevent others from asking about the elder's

well-being or relationship with the offender, prevent the

elder from consulting with others on important financial

decisions, and, perhaps most tragically, give the elder the

impression that no one else cares about him or her.

In addition, relatives and caregivers sometimes exploit the

following financial and legal arrangements:

• Joint bank accounts. Under the guise of helping the

elder with his or her financial affairs, the offender has

his or her name added to the elder's bank account,

allowing the offender to deposit, withdraw, or transfer

funds. The offender may threaten or coerce the elder

into giving consent, or get consent despite the elder's

limited capacity to make an informed decision.

• Deed or title transfer. The elder transfers ownership

of property such as homes, real estate, or cars to the

offender. This may occur as the result of force or

intimidation, or as a "gift" or other transaction the

elder does not fully comprehend.

• Power of attorney and durable power of attorney.

These legal arrangements give a person the authority to

manage the elder's affairs on the elder's behalf. When

used properly, the legally appointed agent makes

decisions that are in the elder's best interest. Misuse

arises when the agent induces the elder to sign the

document; makes decisions or transactions that benefit

the agent, to the detriment of the elder; uses the power

after it has been terminated; or uses the power for

purposes other than what is intended.
• Living trusts and wills. To avoid potentially expensive

probate fees and estate taxes, an individual can transfer

property and other assets into a trust. The effectiveness

of this legitimate estate-planning tool depends, of

course, on the trustworthiness of the person appointed

to manage the trust. In addition, through a variety of

emotional appeals, a perpetrator may induce an elder to

change his or her will, making the perpetrator the sole

beneficiary upon the elder's death.

Distinguishing between an unwise, but legitimate, financial

transaction and an exploitative transaction resulting from

undue influence, duress, fraud, or lack of informed consent

can be difficult.4 Suspicious transactions may be wellintentioned but guided by poor advice. Generally, financial

exploitation involves a pattern of behaviors, rather than

single incidents.

Related Problems

Financial crimes against the elderly share some

characteristics with other crimes. Related problems

requiring separate analysis and response include:

• identity theft,

• Internet fraud,

• check and credit card fraud, and

• prescription fraud.

Financial exploitation of the elderly may also occur in

concert with other types of elder abuse, including:

• physical abuse,

• sexual abuse,

• emotional abuse, and

• neglect.

The Problem of Financial Crimes Against the Elderly 7
8 Financial Crimes Against the Elderly

Factors Contributing to Financial Crimes

Against the Elderly

Understanding the factors that contribute to your problem

will help you frame your own local analysis questions,

determine good effectiveness measures, recognize key

intervention points, and select appropriate responses.

National Prevalence Estimates

As discussed above, there are many types of fraud and

financial exploitation. In addition, states vary in terms of

the age at which one is considered "elderly." These factors

make it very difficult to estimate national prevalence.

Typically, crime rates are listed in sources of official

statistics, such as the FBI's Uniform Crime Reports and

the Justice Department's National Crime Victimization

Survey. However, neither of these sources provides

information on victimization by fraud. Furthermore,

studies relying on reports of victimization are particularly

limited given the widespread agreement that fraud is

dramatically underreported.

However, several national organizations have completed

studies offering various ways to quantify the rate of

financial crimes against the elderly. Some of these focus

on consumer fraud, estimating that somewhere between 20

and 60 percent of adult Americans have reported being

the victim, or attempted victim, of it.5 These studies do

not separate prevalence estimates across age. Within the

general category of consumer fraud are estimates of losses

due to telemarketing fraud. In 2000, the U.S. Senate

Special Committee on Aging reported that, each year,

consumers lose approximately $40 billion to telemarketing
The Problem of Financial Crimes Against the Elderly 9

fraud, and estimated that approximately 10 percent of the

nation's 14,000 telemarketing firms were fraudulent.6 Some

researchers estimate that only one in 10,000 fraud victims

reports the crime to the authorities.7

Other studies focus on the extent of financial exploitation

by relatives or caregivers. In 1998, the National Center on

Elder Abuse reported an estimated 21,427 substantiated

cases of financial or material exploitation of an elder,

accounting for approximately one-third of all

substantiated elder abuse cases, including physical and

sexual abuse and neglect.8 In 1998, using data from 24

states, the National Aging Resource Center on Elder

Abuse estimated that 20 percent of elder abuse victims

were victims of financial exploitation.9 State-level surveys

have identified higher proportions of financial exploitation

within reported elder abuse cases, with over 40 percent of

elder abuse cases in California and North Carolina

involving financial exploitation.10

The usefulness of these studies in determining the scope

of your local problem is rather limited. However, they

show that the problem affects a large proportion of the

population, regardless of age, and is likely to be

underreported by victims and underrepresented in official

statistics.

Underreporting

Researchers agree that elder fraud is dramatically

underreported, which is problematic for several reasons.

First, the failure to report means that the assistance of

police, adult protective services, family members and

others is not mobilized to stop the abuse. Second, even if

intervention is not necessary, the underreporting of these
10 Financial Crimes Against the Elderly

crimes makes it very difficult for problem-oriented efforts

to proceed because of a lack of information on the

targets, methods and perpetrators. Finally, the lack of

reporting may encourage the offenders to victimize others.

Many elderly victims do not report fraud because they feel

ashamed, or they fear others will think they cannot care

for themselves, which may trigger placement in a nursing

home or long-term care facility. Significantly, many victims

are not aware of support resources or do not know how

to access them. In the case of financial exploitation, many

victims have close ties to the offender and may feel

protective. They may want to stop the exploitation and

recover their assets, but not want the offender punished.

In addition, many victims believe they are at least partially

to blame.

Professionals (e.g., bankers, attorneys, accountants, and

doctors) are also often slow to report suspected abuse.11

Their brief, episodic interactions with the elderly and their

lack of expertise in undue influence and criminal conduct

serve as barriers to reporting. Even if they suspect abuse,

there often is no specific protocol for reporting it.

When elderly victims do report losses by fraud or financial

exploitation, the report quality often makes investigation

difficult.12 If cognitively impaired, the victim may not

remember important details or may not be able to recount

the sequence of events. Victim interviewers should put

victims at ease and provide sufficient time and cues for

accurate recall, or else the reports may lack important

details. (These issues are discussed more thoroughly in the

"Responses" section of this guide). Finally, cognitively and

physically impaired seniors may feel overwhelmed at the

prospect of traveling to the police station, district
The Problem of Financial Crimes Against the Elderly 11

attorney's office, or court. Given that complicated cases of

fraud and financial exploitation may take years to go to

trial, it is possible that a particularly frail victim's cognitive

or physical health will decline to the point that he or she

cannot testify.

Not only do these barriers to intervention make

prevention that much more critical, but they also highlight

the importance of developing investigative techniques that

account for both the complexity of the crimes and the

unique personal challenges of the victims.

Victim Vulnerabilities

The prevailing stereotype of elderly fraud victims is that

they are poorly informed, socially isolated

individuals–potentially suffering from mental

deterioration–who cling to old-fashioned ideas of

politeness and manners that interfere with their ability to

detect fraud. It is true that dementia and other cognitive

impairments sometimes play a role in elder fraud and

financial exploitation. For seniors with advanced

impairments, responses requiring their participation may

have limited effectiveness. However, recent research has

refuted prevailing stereotypes, characterizing the majority

of potential victims as more educated, informed, and

socially active than previously supposed. A major AARP

(formerly known as the American Association of Retired

Persons) survey identified fraud victims as relatively

affluent and well-educated, with extensive networks of

family and friends.13 This survey identified several key

points:
12 Financial Crimes Against the Elderly

• Victims were likely to believe fraudulent sales pitches,

thinking that their chances of winning were good and

that the prizes offered for a fee were a good bargain.

• Over two-thirds of the respondents reported they had

difficulty telling fraudulent and legitimate pitches apart,

despite the fact that 90 percent had heard about

telemarketing fraud.

• Many victims reported having difficulty ending a

conversation with a telemarketer, even when they

believed the offer was fraudulent.

There has been significant debate about the extent to

which age affects the likelihood of consumer fraud

victimization. That debate is beyond the scope of this

guide. However, it is important to recognize that old age

alone is not a reliable predictor of fraud victimization.

Understanding the role of other risk factors can help you

analyze your local problem and devise appropriately

targeted responses. A number of researchers have noted

that the following personal factors affect the extent to

which people are likely to be victimized:

• home ownership;

• likelihood of seeking advice before a purchase;

• knowledge of sources of consumer information and

consumer rights;

• financial risk-taking behavior;

• openness to marketing appeals;

• knowledge of the existence of frauds, scams, and

misleading practices; and 

• ability to hang up on telemarketers.14

The research implies that a lack of knowledge and of

certain consumer skills creates a susceptibility to fraud.
The Problem of Financial Crimes Against the Elderly 13

Victimization studies have found that seniors who have

active social lives and experience a broad array of

consumer situations may be vulnerable to fraud simply

because of increased exposure.15 On the other hand, those

who are socially isolated may also be vulnerable because

they are less likely to seek advice before a purchase, and

because the sales pitch itself addresses an unmet need for

social interaction, resulting in their feeling obligated to be

friendly or compliant in return.16

Although similar to elderly fraud victims in many respects,

seniors exploited by relatives and caregivers differ in

significant ways. There is no aspiration for monetary gain.

They may fear what the offender may do if they do not

comply with his or her demands. They may also have longterm emotional ties to the offender that create conflict

about reporting abuse, and may cause them to feel

protective of the offender once the abuse is discovered.

Although not studied empirically, there are abundant

references in the literature to various lifestyle

characteristics of the elderly believed to be linked to fraud

victimization. Although many seniors live in poverty, home

ownership is high among this group, and many have

savings, pensions, and social security income. In addition,

seniors are more likely than other demographic groups to

be home during the day, and therefore available to

telephone and in-person marketing efforts. These factors,

combined with an assortment of anxieties specific to the

elderly–the fear of outliving one's savings, of losing one's

financial independence, of failing health–create fertile

ground for all types of fraud and financial exploitation.
14 Financial Crimes Against the Elderly

Victim Facilitation

In contrast to victims of most other forms of crime,

consumer fraud victims have a participatory role that is

critical to a successful transaction. Victim compliance can

fall along a continuum.17 At one end is the completely

uninvolved victim, as in the case of identity theft or credit

card fraud. Toward the middle is the victim who makes a

purchase or financial arrangement that is not wellinformed or well-researched. At the far end is the repeat

victim. Even after victimization, many people repeat highrisk behaviors.

The following are key moments that put the victim at risk

in the typical fraud transaction. They have clear relevance

to points of intervention:18

• The victim makes the initial contact, or takes steps that

lead to the initial contact, indicating receptivity to the

pitch.

• The victim provides information about him- or herself

that helps the offender to carry out the fraud.

• The victim allows the conversion of a business

relationship to one of trust, and waives customary

safeguards.

• The victim believes the offender's scenario or pitch.

• The victim writes a check, gives a credit card number,

or otherwise provides access to funds.

In addition, certain traits might make people prone to

fraud or financial exploitation.19 Some of these are

considered positive, such as good citizenship, compassion,

generosity, respect for authority, and a trusting nature.

Others are less desirable, such as being careless,

susceptible to flattery, or easily intimidated. Some factors

that seem irrelevant on the surface may also contribute to

the likelihood of fraud victimization, such as being on
The Problem of Financial Crimes Against the Elderly 15

"junk mail" lists; belonging to organizations; making

purchases over the phone or Internet; moving; buying a

house, car, or appliance; investing; and donating to charity.

You should be aware of the various ways fraud and

financial exploitation victims may unwittingly help

offenders and, when possible, assign them an active role in

responding to the problem.

Revictimization

It is a well-documented fact that fraudulent operations

compile the names of fraud victims on "mooch" or

"sucker" lists and sell them to one another. These lists

offer a shortcut to the typical approach of "cold calling"

or random-number dialing, as the people listed have

already shown themselves susceptible to fraud.

Researchers have found that the strongest predictor of

future victimization is past victimization.20 Not only are

past victims retargeted, as described above, but they also

can fall prey to scammers offering to help them recoup

their losses from previous frauds. Fraudulent operations

called "recovery rooms" approach past victims and offer

to investigate the original fraud and to return the lost

funds–for a fee. Naturally, once victims pay the recovery

fee, they never hear from the secondary scammer again.

The very nature of financial exploitation by relatives and

caregivers implies a pattern of revictimization. Seldom are

the perpetrators satisfied with a single bank withdrawal or

forged check. Instead, the pattern is more likely to begin

with small-value transactions, which escalate over time

and, if undeterred, conclude with the transfer or

expenditure of all the elder's assets, leaving the victim

with no means of financial support.
16 Financial Crimes Against the Elderly

Types of Influence

Consumer fraud relies on the manipulation of victims'

emotions to get them to agree to a transaction. Emotional

ploys include making the consumer feel he or she is part

of a special group receiving VIP services, and creating a

sense of urgency that prevents further research into the

transaction. In addition, offenders may refuse to accept

"no" for an answer, have an endless supply of rebuttals

for any excuse the victim offers, and have an aggressive

style that intimidates the victim into complying. These

tactics are essential components of fraud and are effective

primarily because of their appeal to the natural human

desires to feel special, to find a bargain, and to please.

Particularly when investigating financial exploitation,

vexing questions often arise as to whether the victim

understood the transaction, appreciated the value of what

he or she gave away or signed over, and comprehended the

implications of the transaction. Three concepts are

particularly critical when analyzing the range of frauds and

associated crimes:21

• Mental capacity. While a gradual decline in functional

skills such as memory, calculation, and informationprocessing is natural as age advances, more pronounced

declines can be brought on by particular illnesses,

nutritional deficiencies, depression, and certain

medications. Obviously, given the complex nature of

many financial transactions, mental capacity plays an

important role in making sound purchases and

managing financial affairs.

• Consent. Essentially, the term means to accept or agree

to the proposal of another. To be legally binding, the

person giving consent must be able to understand the

implications of the transaction.
The Problem of Financial Crimes Against the Elderly 17

• Undue influence. Perpetrators may use an array of

techniques to gain power over the victim's decisionmaking and ensure compliance. These include isolating

the victim, promoting dependency, and inducing fear

and distrust of others. By threatening the victim,

exerting pressure to act quickly, or deterring the victim

from seeking advice from others, offenders use undue

influence to prevent voluntary consent.

Experts in this area note that vulnerability to undue

influence is unrelated to intelligence. However, if an elder

is cognitively impaired, has sensory deficits (e.g., vision or

hearing loss), or has nutritional deficits, he or she may be

more easily manipulated because of a lack of faith in his

or her own memories and perceptions.22

The influence used to perpetrate financial crimes falls

along a continuum.23 On one end, the influence is rather

benign, as the victim is not actually tricked or forced into

doing something against his or her will. On the other end

is the rather clear-cut case of theft in which the

perpetrator takes something without the victim's consent.

One step past benign, coercion involves undue influence

using domination, intimidation, and threats. Further still,

fraud involves swindling by deception, trickery, or

misrepresentation.

Understanding the victim's mental status and the types of

influence used is essential for devising appropriate

responses to the problem.

Offender Characteristics

The offender-victim relationship is the main criterion used

to distinguish the major categories of financial crime in

this guide.
18 Financial Crimes Against the Elderly

Strangers. Consumer fraud offenders are usually strangers

to their victims, although they may observe victims'

patterns (e.g., times in or out of the house, spending

habits, etc.) to identify them as a potential "mark."

Telemarketers have no face-to-face contact with victims

and may call from thousands of miles away. Given the

attention that elder fraud has received in recent years,

there are surprisingly few empirical studies of offenders,

particularly in light of the extensive literature on victim

characteristics.24

Offenders vary greatly in terms of age, race,

socioeconomic status, and education level. Most elder

fraud offenders are male. They may be motivated by profit

or a need to feel powerful and important. The challenge of

the fraud itself may provide a "high," particularly when it

is pulled off against wealthy or well-educated victims. In

general, offenders are not bound by conventional norms

or business ethics, and rationalize their behavior. In

clinical studies, criminologists have found offenders to

have all types of psychological dysfunctions, revealed in

their distorted thinking processes and lack of regard for

others.25

In terms of behavior, those who perpetrate fraud against

the elderly often present themselves as self-assured,

friendly, and sophisticated. They are persistent, yet can

often avoid raising suspicion. "What the con man does is

an extreme expression of normal business dealings–

salesmanship based on the ability to persuade others...the

promise of gain is central to society...and it is not

abnormal to offer opportunities to make money or

improve one's health."26
The Problem of Financial Crimes Against the Elderly 19

Fraudulent telemarketers frequently work out of "boiler

rooms"–temporary, highly mobile operations that can be

disassembled and reassembled quickly. Boiler-room

operations typically have six stages:27

1. Solicitation. Telemarketers identify new prospects through

either incoming mail (postcards or certificates returned by

people responding to bulk mailing) or unsolicited outgoing

calls. "Mooch" or "sucker" lists are critical for efficiency at

this stage, and most calls are out of state.

2. Sales. The pitch is usually a written script, although most

callers are given wide latitude in what they can promise

and in price negotiation. A "front room" contains lessexperienced callers who make the initial contacts. Calls to

consumers who do not accept the offer are transferred to

a "no-sale room," where more-experienced callers pressure

the consumers and explain away their concerns. Callers in

a "reload room" target past victims, using an assortment of

bogus promises to get them to buy again. Notably, the

"reload room" callers usually solicit the bulk of the

company's illicit income.

3. Verification. Shortly after the sale is complete, a caller

recontacts the customer, reviews the sales terms, and

arranges for payment. At this stage, the caller attempts to

obscure any misrepresentation made during the initial

stage.

4. Collection. To avoid buyer's remorse, the scammers must

secure payment quickly. They do so by requiring overnight

check mailing, bank draft authorization, or electronic

funds transfer. Notably, because of their instability and

illegal business practices, most boiler rooms cannot obtain

bank merchant accounts for credit card sales.
20 Financial Crimes Against the Elderly

5. Shipping. While one might guess that the promised product

is never shipped, successful boiler rooms have found that

reliable shipping minimizes consumer complaints, which in

turn decreases the likelihood of law enforcement

intervention. Most boiler rooms use a "10 to 1" principle,

awarding a prize valued at approximately one-tenth of the

fee paid.

6. Customer service, harassment, and intimidation. Ongoing

availability to customers is important to handle problems.

In fraudulent operations, scammers may belittle or berate

complainants, or use delay tactics and empty promises to

frustrate them into giving up the pursuit of recovery.

These organizations generally provide refunds only with

the threat of law enforcement action.

Understanding boiler-room mobility and structure is

essential to intervention efforts targeting the operations

themselves.

Relatives and caregivers. Financial exploiters of the

elderly rely on the nature of their relationships with them

to support the abuse. The victim has often formed a close

bond with the offender, and may be unaware of or deny

the abuse. In addition, the victim may fear being alone or

being placed in a nursing home if the offender is removed.

These dynamics are important to understand in addressing

the emotional impact on the victim.

A national survey found that offenders tend to be

significantly younger than their victims, with 40 percent

age 40 or younger, and another 40 percent age 41 to 59.

Nearly 60 percent are male, and nearly 60 percent are

relatives.28
The Problem of Financial Crimes Against the Elderly 21

There are three general categories of offenders:†

1. Adult children, grandchildren, and other relatives. While an elder

might generally believe that a relative is providing financial

assistance, the relative may be withdrawing cash from joint

bank accounts for personal use, using the elder's credit

card to make unauthorized purchases, or embezzling

money by refinancing the elder's home. This is the largest

category of offenders, and, sadly, the abuse is often not

discovered until after the elder's assets have been depleted.

2. Professional caregivers. Home health aides offer invaluable

assistance to seniors who need help to live independently.

However, they sometimes abuse an elder's trust by

intercepting and activating unsolicited credit cards in the

elder's name; taking jewelry, cash, or other valuables;

forging or altering checks for their own use; or tricking the

elder into transferring titles and deeds to the caregiver.

3. Close friends or others in a position of trust. This group can

include neighbors, handymen, bank tellers, real estate

agents, or investment advisors. In general, such offenders

may encourage investments and expenditures that benefit

only themselves, steal money or property, or arrange for

changes to wills, trusts, or mortgage financing for their

own benefit.

Questions of consent or voluntary gift-giving make the

investigation of potential abuse cases difficult. Gift-giving

habits vary across families, as do cultural expectations

regarding elderly care; thus it is essential that you examine

each situation within the appropriate context.29 Further,

you should examine any business relationship an elder may

have in terms of the nature of the arrangement.30 For

example, a relationship with a gardener or housekeeper

may be based on a "good faith" exchange in which each

party negotiates in his or her own self-interest (barring

† Sklar's (2000) typology actually

includes a fourth category

–professional crime groups, which

are not discussed here.
22 Financial Crimes Against the Elderly

deception and misrepresentation). However, some business

relationships, such as those with financial planners,

bankers, or health care workers, require the professional to

act in the elder's best interest. Sometimes, a "good faith"

relationship evolves beyond the original intent (e.g., the

housekeeper begins to help the elder with finances). These

relationships become abusive when the perpetrator

continues to act in a self-serving way, rather than make

decisions based on the elder's best interest.31

Regardless of the category of offender, there are two

basic types.32 The first type includes 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 victims,

but instead passively take advantage of opportunities that

arise. The second type includes those who methodically

target vulnerable seniors, establish power, and obtain

control over their assets.

Warning Signs and Indicators

Crime prevention efforts have identified a number of

warning signs and indicators of both consumer fraud and

financial exploitation of the elderly. Because the means of

committing the two types of crime are different, the signs

and indicators are listed separately here.

Warning signs of consumer fraud.33 These include the

following:

• stacks of unsolicited mail proclaiming the recipient to

be a "guaranteed winner";

• unusual number of packages containing inexpensive

costume jewelry, plastic cameras, watches, etc.;

• excessive numbers of magazine subscriptions;
The Problem of Financial Crimes Against the Elderly 23

• unsolicited phone calls from operators offering

"fantastic opportunities" to claim prizes or invest;

• difficulty covering basic expenses such as food, utilities,

etc., when income should support these needs;

• at the bank, accompaniment of the elder by a stranger

who encourages a large withdrawal; and

• checks and withdrawals for individuals, marketing

companies, or other businesses, or transactions that the

elder cannot explain.

Indicators of financial abuse.34 These include the

following:

• A recent acquaintance expresses an interest in finances,

promises to provide care, or ingratiates him- or herself

with the elder.

• A relative or caregiver has no visible means of support

and is overly interested in the elder's financial affairs.

• A relative or caregiver expresses concern over the cost

of caring for the elder, or is reluctant to spend money

for needed medical treatment.

• The utility and other bills are not being paid.

• The elder's placement, care, or possessions are

inconsistent with the size of his or her estate.

• A relative or caregiver isolates the elder, makes excuses

when friends or family call or visit, and does not give

the elder messages.

• A relative or caregiver gives implausible explanations

about finances, and the elder is unaware of or unable to

explain the arrangements made.

• Checking account and credit card statements are sent to

a relative or caregiver and are not accessible to the

elder.

• At the bank, the elder is accompanied by a relative or

caregiver who refuses to let the elder speak for him- or

herself, and/or the elder appears nervous or afraid of

the person accompanying him or her.
24 Financial Crimes Against the Elderly

• The elder is concerned or confused about "missing

money." 

• There are suspicious signatures on the elder's checks, or

the elder signs checks and another party fills in the

payee and amount sections.

• There is an unusual amount of banking activity,

particularly just after joint accounts are set up or

someone new starts helping with the elder's finances.

• A will, power of attorney, or other legal document is

drafted, but the elder does not understand its

implications.

These warning signs and indicators have been

incorporated into a variety of education tools targeting

family members, banks, attorneys, and other concerned

parties. These are discussed in the "Responses" section of

this guide.

Lack of Oversight of Legal Documents

Given that legal documents such as trusts, joint bank

accounts, and powers of attorney give a third party such

enormous decision-making power, it is surprising that the

preparation and execution of these documents is not more

closely regulated. With regard to powers of attorney, very

few states require them to be registered, few require a

lawyer's involvement in drafting the document, and

witnesses are not required to ensure the elder's signature is

voluntary.35 Although most states require notaries, they are

not trained to assess mental capacity and therefore cannot

protect an impaired elder from abuse. No record of

ongoing use is provided to the elder, so even fully

competent seniors are not able to monitor transactions

made on their accounts. Finally, few states have formal

procedures for revoking the authority granted under power

of attorney, which allows the offender to continue abusing

this power even after intervention.
The Problem of Financial Crimes Against the Elderly 25

Laws and Agencies Involved

Every state has adopted laws to prohibit particular types

of fraud and, often, to enhance penalties for fraud against

the elderly. Older consumers are, of course, protected by

general consumer protection laws, telemarketing laws, and

other statutes governing theft, embezzlement, fraud, etc.

However, given that each state crafts its own laws, there

are significant differences that make a description of

national legislation concerning elder financial abuse

impossible. These differences tend to apply in the

following six areas:36

1.definition of "elderly";

2.definition of abuse, whether physical abuse, sexual abuse,

financial abuse, or neglect;

3.classification of abuse as criminal or civil;

4.standards for reporting abuse;

5.methods for investigating abuse; and

6.recommended sanctions.

Not only do these differences make it difficult to describe

the various legislative approaches, but they also make it

difficult to investigate and prosecute fraud offenders who

may have victimized people in several states, all of which

have different statutory requirements.

Further, fraud and financial abuse cases come under the

jurisdiction of several agencies. Federal agencies such as

the FBI, Postal Inspection Service, and Secret Service, as

well as state and local police, may be involved in

investigating large-scale consumer fraud operations. The

lack of information-sharing across these agencies has been

identified as a significant barrier to effective intervention.37
26 Financial Crimes Against the Elderly

When a financial crime involves the misuse or abuse of

legal documents, the case may also be classified as a civil

matter, requiring additional cooperation with the

prosecutor and court of jurisdiction. Banks and phone

companies are also critical partners in investigating fraud

or financial exploitation. Finally, given that the senior's

welfare is paramount, social service agencies, such as adult

protective services and medical and mental health services,

must also be included in a coordinated effort to protect

the senior from further harm.

Fraud and financial exploitation cases present a

complicated web of behavior, intent, and consequences.

The scope of jurisdiction and various areas of expertise

required are unlikely to be found in any one agency,

requiring cooperation across traditional jurisdictions and

professional boundaries.
Understanding Your Local Problem 27

Understanding Your Local Problem

The information provided above is only a generalized

description of financial crimes against the elderly. You

must combine the basic facts with a more specific

understanding of your local problem. Analyzing the local

problem carefully will help you design a more effective

response strategy.

Most likely, there will be a combination of frauds

committed by strangers and financial exploitation by

relatives and caregivers. You should analyze the factors

surrounding these two crimes separately, since they are

different in nature. Further, although developing profiles

or combined data on the crimes (e.g., average amount of

money lost, average age of victim, etc.) can be useful,

these averages can mask important variations and may lead

to generalized responses that fail to combat a particular

type of fraud or exploitation.

In the case of consumer fraud, it is likely that a few

different types will be occurring in your community at any

given time. It is important to identify the types of fraud

currently operating, the likely targets, the means used to

commit the fraud, and the factors that may prevent victims

from reporting it. Given that a significant number of

seniors have likely resisted a variety of fraudulent sales

pitches, it will be useful to identify the strategies they used

to avoid being victimized.

In the case of financial exploitation, it is important to

understand how offenders gain access to the victims'

funds, what the nature of the offender-victim relationship
28 Financial Crimes Against the Elderly

is, and what resources are available to support and protect

the elderly. Interviews with professionals who have

observed various financial transactions will help to identify

areas in which procedural safeguards could be employed.

Although fraud and financial exploitation cases have some

similarities, the situations facilitating the crime will vary

considerably. In addition, the fact that many cases go

unreported means that official police and prosecutor

records will not include the details necessary for a

comprehensive problem analysis. Therefore, it is important

to gather information about the local problem from

multiple sources and perspectives, including:

• official police and prosecutor records;

• computer-generated maps of reported fraud incidents;

• victims and concerned friends and family members;

• seniors not previously identified as victims;

• local advocates for the elderly;

• adult protective services workers;

• fraud and financial crimes investigators;

• bankers, attorneys, and accountants; and

• perpetrators of fraud and financial exploitation.

Asking the Right Questions

The following are some critical questions you should ask

when analyzing your particular problem of financial

crimes against the elderly, even if the answers are not

readily available. The questions are listed separately for

fraud and for financial exploitation. Your answers to these

and other questions will help you choose the most

appropriate set of responses later on.
Understanding Your Local Problem 29

Fraud: Victims 

• What are the victims' characteristics? Do they typically

live alone? Are they homeowners? Are they home

during the day? Is there any evidence of diminished

mental or physical capacity?

• How exposed to fraud are they? Do they routinely enter

contests and sweepstakes? What other marketing

efforts are they exposed to? How often do salespeople

contact them by phone? By mail? In person? 

• What factors influence the decision to buy goods or

services? Particular characteristics of the salesperson or

the pitch? Need for the good or service offered? Fears

about their financial situation, health, or long-term

care?

• How did they report the crime? What factors influenced

them to do so? What factors could have deterred them

from reporting? 

Fraud: Persons Who Avoid Victimization

• What are the characteristics of persons who avoid

victimization? Do they typically live alone? Are they

homeowners? Are they home during the day?

• How often are they exposed to marketing efforts by

phone? By mail? In person? Have they done anything to

decrease their exposure to these efforts? 

• What do they do to stop unwanted sales offers?

• Do they routinely discuss their purchases or financial

matters with anyone? How aware are they of various

types of fraud? Do they know how to research

products or offers before buying? 

• Do they suspect they have ever been a victim of fraud,

even though they did not report it? What deterred them

from reporting? What would encourage them to report

a fraud in the future?
30 Financial Crimes Against the Elderly

Fraud: Offenders

• What are the offenders' characteristics? Do they usually

work alone, or in groups? How do they identify

potential partners?

• How do they develop the frauds? Do they use a variety

of means, or do they stick to a particular method (e.g.,

mail, phone, in person)? Do they specialize in a

particular kind of fraud, or commit a variety of them?

• How do they identify potential victims? How are

"mooch lists" developed? From where are they

purchased? 

• What motivates them? Money? Power? A sense of

importance?

Fraud: Incidents

• What types of frauds are most frequently reported? Are

there similarities in the types of frauds that typically go

unreported?

• Where are the frauds occurring? Are they clustered in

specific neighborhoods or geographic areas? Are the

victims similar?

• What method is used (e.g., mail, phone, in person)? Is

there evidence that the offenders work from another

jurisdiction? 

• What tactics are used to avoid detection? Time

pressure? Secrecy? False address? Use of a courier?

Financial Exploitation: Victims

• What are the victims' characteristics? Do they live

alone? Do they have regular contact with nonabusive

family or friends? Is there evidence of diminished

mental or physical capacity?
Understanding Your Local Problem 31

• What is the victim-offender relationship? Elder and

relative? Elder and caregiver? What are the

relationship's positive aspects? Companionship?

Promise of long-term care? Fulfillment of family

obligations? Of cultural expectations? 

• When did the victim become aware of the exploitation?

How was the incident reported? What factors

encouraged reporting? What factors discouraged

reporting? To what extent were friends or family

involved in discovering and reporting the incident?

Financial Exploitation: Offenders

• What are the offenders' characteristics? Do they work

alone, or in groups? Do they have a history of

exploiting others? How does the caregiving relationship

start? Does the offender volunteer? Is the offender

hired through an agency? 

• What motivates offenders? Money? Power? Feelings of

entitlement? Concerns about inheritance?

• How do offenders get victims to comply? Isolation?

Promises? Undue influence? Coercion? Theft?

Financial Exploitation: Incidents

• What are the primary means used to commit the crime?

Joint accounts? Legal documents such as wills, deeds,

trusts, powers of attorney?

• What professionals are involved in the transactions?

Bank tellers? Attorneys? Accountants? How may they

unwittingly facilitate the crime? 
32 Financial Crimes Against the Elderly

Measuring Your Effectiveness

Measurement allows you to determine to what degree your

efforts have succeeded, and suggests how you might

modify your responses if they are not producing the

intended results. You should take measures of your

problem before you implement responses, to determine how

serious the problem is, and after you implement them, to

determine whether they have been effective. All measures

should be taken in both the target area and the

surrounding area. (For more detailed guidance on

measuring effectiveness, see the companion guide to this

series, Assessing Responses to Problems: An Introductory Guide

for Police Problem-Solvers.) 

The following are potentially useful measures of the

effectiveness of responses to financial crimes against the

elderly. As with the previous sections, the two main types,

fraud and financial exploitation, are discussed separately.

Further, distinctions are made between "process"

measures, which indicate the extent to which responses are

being implemented as designed, and "outcome" measures,

which indicate the impact the responses have on the level

of the problem.

Fraud

You can use the following "process" measures to identify

the extent to which selected responses have been

implemented as designed. Given the extent of

underreporting and its impact on understanding the scope

of the problem, a corollary evaluation goal may be to

assess the success with which reporting mechanisms are

used:
Understanding Your Local Problem 33

• increases in the number of seniors who are aware of

current frauds and have been trained how to stop

unwanted sales efforts;

• increases in the number of arrests, prosecutions, and

convictions of operators of fraudulent marketing

schemes;

• increases in the use of consumer protection resources

to investigate the legitimacy of offers or businesses;

and

• increases in the use of mechanisms to report attempted

or successful frauds.

You can use the following "outcome" measures to

determine the impact of your responses on the level of

the problem:

• decreases in the dollar amounts lost by elders to

consumer fraud;

• decreases in the number of elders defrauded via mail,

telephone, or in-person scams; and

• decreases in the number of elders who are revictimized

by "recovery room" operations.

Financial Exploitation

You can use the following "process" measures to identify

the extent to which selected responses have been

implemented as designed:

• increases in the number of professionals (e.g., bankers,

doctors, lawyers, accountants) trained to identify the

warning signs of financial exploitation;

• increases in the number of reports of financial

exploitation shared across agencies (e.g., police,

prosecutors, adult protective services);
34 Financial Crimes Against the Elderly

• increases in the number of elders proactively protecting

their financial assets; and

• increases in the number of offenders arrested,

prosecuted, and convicted for financial exploitation of

elders.

You can use the following "outcome" measures to

determine the impact of your responses on the level of

the problem:

• decreases in the dollar amounts lost by elders via

financial exploitation; and

• decreases in the number of elders who are financially

exploited by relatives or caregivers.
Responses to the Problem of Financial Crimes Against the Elderly 35

Responses to the Problem of Financial

Crimes Against the Elderly

Your analysis of your local problem should give you a

better understanding of the factors contributing to it.

Once you have analyzed your local problem and

established a baseline for measuring effectiveness, you

should consider possible responses to address the

problem.

The following response strategies provide a foundation of

ideas for addressing your particular problem. These

strategies are drawn from a variety of research studies and

police reports. Several of these strategies may apply to

your community's problem. It is critical that you tailor

responses to local circumstances, and that you can justify

each response based on reliable analysis. In most cases, an

effective strategy will involve implementing several

different responses. Law enforcement responses alone are

seldom effective in reducing or solving the problem. Do

not limit yourself to considering what police can do: give

careful consideration to who else in your community

shares responsibility for the problem and can help police

better respond to it.
36 Financial Crimes Against the Elderly

General Responses

The responses that follow are useful for addressing the

problems of both fraud and financial exploitation.

Strategies targeting the specific elements of each type of

financial crime are discussed separately below.

1. Creating multiagency task forces. Elder fraud and

financial exploitation cases are complex and require

expertise in multiple areas, including:

• law enforcement and investigation,

• financial management,

• insurance,

• investments,

• real estate,

• probate law,

• criminal law,

• civil law,

• mental capacity, and

• social services for the elderly.

It is unlikely that a single agency will have the necessary

skills and resources for a multidisciplinary approach. Thus,

multiagency efforts are required, should include agencies

and individuals with knowledge in the key areas, and

should be tailored to the characteristics of the local

problem.†

2.Working across jurisdictions. Because both the victims

and the offenders may live in and operate out of several

jurisdictions, information-sharing among various law

enforcement agencies is critical to building a solid case. A

variety of federal, state, and local law enforcement

agencies may need to be involved. Further, because

financial exploitation often occurs in concert with other

† In Canada, the Deceptive

Telemarketing Prevention Forum

included representatives from

government, private, and nonprofit

organizations to gather and share

intelligence, formulate response

strategies, and develop public education

efforts. Participants included credit card

companies, telephone companies, retired

persons associations, marketing

associations, police, bankers, the postal

service, consumer groups, and the Better

Business Bureau. For more information,

see the Royal Canadian Mounted Police

website, www.phonebusters.com.

In the United States, many state and

local jurisdictions have developed area

TRIADs, which are partnerships

between local and state police agencies,

sheriffs associations, and retired persons

associations, such as the AARP. Some

jurisdictions also include agencies on

aging, senior centers, health

departments, and adult protective

services.

A number of jurisdictions (e.g., Los

Angeles; Orange County, Calif.; Ventura,

Calif.) have also developed multiagency

teams of specialists to investigate and

intervene in elder fraud and financial

exploitation cases. For example,

Fiduciary Abuse Specialist Teams

(FASTs) often include police, the district

attorney, the city attorney, private

conservatorship agencies, health and

mental health providers, probate judges,

trust attorneys, insurance agents, real

estate agents, escrow officers,

stockbrokers, and estate planners. The

National Committee for the Prevention

of Elder Abuse has created specific

guidelines for establishing and

coordinating a local FAST, which can be

accessed at

www.preventelderabuse.org/communitie

s/fast.html. For more information, see

also Allen (2000); Aziz (2000); and

Velasco (2000).
Responses to the Problem of Financial Crimes Against the Elderly 37

crimes, such as assault, neglect, and false imprisonment,

multiple units within a given police agency may need to be

involved.

3.Improving reporting mechanisms. It is widely agreed

that underreporting dramatically skews available data on

the prevalence of financial crimes against the elderly. The

reasons for underreporting were discussed previously, but

you should pay attention to the specific barriers to

reporting in your jurisdiction. Accurate descriptions of the

local problem depend on better information about the

type, frequency, and characteristics of various frauds.

Creating easy-to-access reporting mechanisms for victims,

concerned family and friends, and professionals will help

not only with identifying problems, but also with

developing effective responses. Perhaps most importantly,

improved reporting mechanisms will help in prosecuting

offenders and providing needed victim services. Education

campaigns should provide telephone numbers for

reporting incidents of victimization. It is also useful to

include a short description of what the elder can expect to

be asked, what the typical response time is, and what the

procedures are.

Once a multiagency effort is established, it is important to

create clear and efficient pathways for cross-agency

reporting for police, adult protective services, and other

agencies. Because each agency serves a different need, it is

critical that each agency be deployed to offer relevant

services to victims. Cross-agency reporting procedures

should ensure that each agency mobilizes its resources

without impeding other agencies' work.
38 Financial Crimes Against the Elderly

4.Training police to interview elderly victims of

financial crimes. Once the problem of underreporting

has been tackled, intervention with offenders depends on

the quality of information investigators can get from

victims. There are two key areas in which focused training

efforts are required: interviewing elderly victims, and

investigating financial crimes.

First, although certainly not the case for all seniors, many

elderly victims have physical, sensory, memory, or other

cognitive impairments that can interfere with an officer's

attempt to gather information. It is therefore critical that

officers are trained to identify such impairments and to

respond with effective interviewing techniques.† Improving

officers' skills with elderly victims has been shown to

improve the quality of investigations and to positively

affect victims' subsequent attitudes, behaviors, and

perceptions toward the police.38

Second, given the complexity of fraud and financial

exploitation cases, investigators need to cover all of the

relevant domains of inquiry. These should include victim

characteristics (e.g., relationship to the offender, mental

capacity, etc.), offense characteristics (e.g., telemarketing

scam versus financial exploitation by a caregiver), and

offender characteristics (e.g., relationship, frequency of

contact), as well as detailed information about the elder's

estate, financial arrangements, and relevant legal

documents. Several investigation checklists are available to

guide the development of a comprehensive inquiry.39

5.Decreasing victims' isolation. Seniors who are isolated

and have little contact with family, friends, caseworkers,

and other concerned parties may be at increased risk of

being victimized by fraudulent businesses. Decreasing this

† The Office for Victims of Crime

published a handbook for law

enforcement officers that includes

specific techniques for interviewing

elderly victims and witnesses. It is

available at

www.ojp.usdoj.gov/ovc/publications

/infores/firstrep/2001/welcome.ht

ml; see also National White Collar

Crime Center (1998); Shibley (1995);

Kohl, Brensilber, and Holmes

(1995); and Forst (2000).
Responses to the Problem of Financial Crimes Against the Elderly 39

isolation through police welfare checks, neighborhood

watches, and in-person outreach efforts can help to ensure

that elders are aware of available resources they can turn

to with questions and concerns about potential

scammers.40 Further, ongoing contact with family members

can provide the means for ongoing monitoring of the

elder's financial matters. The U.S. Postal Service has

created a list of warning signs and various preventative

measures for family and friends of seniors.†

Live-in caregivers who exploit seniors often isolate them to

avoid being detected. Periodic contact by family, friends,

and other concerned parties improves the likelihood of

early detection.

Adopt-a-Senior programs–in which volunteers regularly

check on the well-being of seniors in their neighborhoods

and inquire about unusual mail, phone calls, and financial

transactions–have been effective in combating the isolation

that places the elderly at risk, and in identifying potentially

abusive situations.41

The strategies above apply broadly to both fraud and

financial exploitation of the elderly. However, given that

these two types of crime are different in several important

ways, there are several responses that are more relevant to

one type of crime than to the other.

Specific Responses: Fraud

6.Educating seniors and other concerned parties.

Although not effective as a stand-alone strategy, when

used as part of a multifaceted response, outreach efforts

should educate seniors about

† The list is available at

www.usps.com/postalinspectors/fra

ud/seniorwk.htm.
† The Direct Marketing Association

provides clear procedures for

removing personal information from

national and state marketing lists,

available at

www.dmaconsumers.org/consumera

ssistance.html#mail and www.thedma.org/government/donotcalllists.

shtml.

†† The AARP provides a concise

list of "Do's and Don'ts," a review

of relevant statutes, and tactics for

preventing fraud, available at

www.aarp.org/fraud/home.htm.

40 Financial Crimes Against the Elderly

• types of scams operating in the area;

• how to screen calls using caller-identification devices

and answering machines;

• suspicious behaviors and warning signs of fraudulent

offers;42

• how to reduce unwanted solicitations by removing

home addresses, phone numbers, and email addresses

from marketing and junk mail lists;†

• how to investigate offers and potential purchases;††

• how to select qualified and reputable contractors;

• how to end unwanted sales calls;43 and

• how to report fraud.

Some jurisdictions have found it useful to present these

topics in concert with financial planning workshops. In

addition, television stations can be useful partners in this

endeavor. Many local stations assign reporters to

consumer fraud issues and regularly air segments on the

problem. Reports about local scams and general

prevention measures have the potential to reach a large

audience.

Warning Signs of Fraudulent Offers

• A promise that you can win, make, or borrow money easily.

• A demand that you act immediately or else miss out on a great opportunity.

• A refusal to send you written information before you agree to buy or donate.

• An attempt to scare you into buying something.

• An insistence that you wire money or have a courier pick up your payment.

• A refusal to stop calling after you have asked not to be called again.

Source: National Fraud Information Center (n.d.).
Responses to the Problem of Financial Crimes Against the Elderly 41

The Pitch and the Law: Typical Offers by Telemarketers,

and How They Violate the Law 

The Pitch The Details The Law

"You are eligible to win a

valuable prize!"

"We can get your money

back!"

"Great loans at great

rates. Bad credit, no

problem!"

"Magazines at fantastic

low prices. Give me your

bank account number,

and they're in the mail!"

"You can win a car worth

$35,000; $10,000 in cash; a

European vacation; or a diamond

necklace worth $2,000. Your

purchase today of our fabulous

vitamins will automatically enter

you into this amazing

sweepstakes."

"I was sorry to hear that you lost

money in a telemarketing scam.

It's really a shame that people will

call you offering you a great deal

and then steal your money. But

my company will get your money

back for you. All you have to do

is give me your credit card

number to cover our low service

charge."

"Today is your lucky day. I'm

going to help you qualify for the

loan you never thought you'd get.

For only a small fee, I will get

those late payments removed

from your credit records. I'll send

a courier to pick up your

payment, because the sooner you

pay the fee, the sooner I can get

started."

"We've extended this amazing

offer one more day, and we have

to receive your money by

midnight tonight. But don't

worry-you can meet the deadline.

Just give me your bank account

number, and I can process your

order right away."

A prize is free. You need not pay any money

or buy anything to enter a sweepstakes or win a

prize. The caller must tell you the "no-payment,

no-purchase" method of entering. If the caller

says you have already won a prize, the caller

must also tell you all the costs associated with

claiming it. This is important because the costs

may be high and may substantially reduce the

prize's value.

You do not have to pay in advance. These

so-called "recovery rooms" are just a way to

take advantage of you a second time. A caller

who promises to recover or help you get back

money you lost, or to obtain an item of value

you were promised in a prior telemarketing call,

cannot ask for or receive money from you until

seven business days after you actually receive

the promised money or item.

You need not pay until you see proof that

your credit record has been fixed. A caller is

prohibited from asking for payment to remove

negative information, or otherwise improve

your credit report, until after 1) the period for

providing you with all promised goods and

services has expired; and 2) you receive

documentation that the promised results have

been achieved, in the form of a report from a

credit reporting agency issued more than six

months after the promised results were

achieved. Remember that you can, on your own

and at no cost, get inaccurate negative

information removed from your credit report.

Callers must get specific authorization from

you to take money from your bank account.

The caller must get your written authorization

or tape record your verbal authorization to

withdraw a specified amount from your

account, or send you a written confirmation of

the transaction before attempting to withdraw

money from your account. The caller must

provide the written or taped authorization to

the bank upon request.

Source: American Association of Retired Persons (n.d.), "Telemarketing Fraud."
42 Financial Crimes Against the Elderly

7.Identifying high-risk seniors. Research has shown that

offenders often repeatedly target past fraud victims using

"mooch lists" and recovery room scams. Identifying

seniors by risk level helps to target intervention efforts

appropriately.44 High-risk seniors are those whom police,

prosecutors, postal inspectors, or other agency personnel

have identified as previous victims. Volunteers are

dispatched to help the seniors prevent future victimization.

They offer ongoing, in-person contact, providing not only

emotional and moral support, but also tangible tools for

combating fraud, such as reviewing daily activities, sorting

through the mail, and evaluating telemarketing offers.

8.Reversing the "boiler room." These large-scale

operations mail out postcards offering a free and

guaranteed prize to the recipients. Those who respond to

the telephone number listed receive detailed information

on sweepstakes fraud and how to protect themselves.

Working with senior volunteers, the U.S. Postal Service,

consumer protection groups, and others, police may staff

the hotlines and provide the information. Similarly,

"reverse telethons" use operators with expertise in various

types of fraud to answer callers' questions. Task forces

established to combat the local elder fraud problem

publicize, schedule, and recruit experts to offer advice to

seniors, their families, and other concerned parties.†

† For more information, see Aziz et

al. (2000); Chatelin (1994); and U.S.

Department of Justice, Office of

Justice Programs (2000).
Responses to the Problem of Financial Crimes Against the Elderly 43

9. Making it easier for people to hang up on telephone

scams. Studies have shown that many people have

difficulty hanging up on telemarketers, even after they have

decided they are not interested in the product or service

being sold. An "Easy Hang Up" device has been used to

help seniors end calls without fearing they are being rude

or abrupt. Once the senior decides the call is unwanted, he

or she presses an activation button, and a short recorded

message is played, such as "I'm sorry, this number does

not accept this type of call. Please regard this as your

notification to remove this number from your list. Thank

you." The call is then disconnected.†

Escape Mechanisms for Unwanted Sales Calls

• Refuse to communicate

Leave the scene

Do not respond to mail solicitation

Hang up the phone

• Refuse the offer for the moment

Indicate you will think about it and seek a second opinion

Request written information about the offer

Deny having the financial means to accept the offer

Indicate you will verify the legitimacy of the business before accepting

• Refuse the offer categorically

Indicate knowledge that the offer is a scam 

Refuse to supply personal information

Refuse to pay fees, deny any charges

Threaten to contact the authorities

Simply refuse

• Take steps to avoid losing money after a suspicious offer/contact

Stop payment, cancel the order

Contact the authorities to have the money returned

Contact the authorities to alert them about illegal activities

Source: Adapted from Friedman (1998).

† For more information, see Kaye

and Darling (2000).
44 Financial Crimes Against the Elderly

10. Launching undercover operations. Although timeconsuming and expensive, there have been several largescale undercover operations to dismantle fraudulent

telemarketing organizations.† A key telemarketer

vulnerability is the inability to be certain of whom they

have called. In these operations, police officers and

volunteers had their names added to "mooch lists" and

posed as potential victims of telemarketing scams.

Fraudulent organizations contacted them repeatedly, and

the conversations were recorded and used as evidence.

Such operations are usually conducted as collaborative

efforts between federal, state, and local law enforcement,

the AARP, and other senior advocacy organizations.††

Specific Responses: Financial Exploitation

As discussed previously, the characteristics, warning signs,

and perpetrators of financial exploitation differ

significantly from those of fraud. While some of the

methods may be similar, preventing financial exploitation

by relatives and caregivers requires specific responses.

11. Enacting proactive health care, legal, and financial

planning. The best defense is a good offense. Programs

to help people make health care and financial

arrangements before they are necessary ensure that these

decisions are made thoughtfully and with the person's

voluntary and informed consent. Financial arrangements

can vary from direct deposit of pension and social

security checks and automatic payment of utility bills, to

estate planning and the creation of powers of attorney.

Professional help with such planning can be offered as

part of community outreach activities implemented by a

multidisciplinary team.

† The FBI's Operation Disconnect,

Operation Senior Sentinel, and

Operation Double Barrel have

resulted in thousands of indictments

and the recovery of thousands of

dollars. See also U.S. Department of

Justice, Office of Justice Programs

(2000).

†† For more information, see

Slotter (1998).
Responses to the Problem of Financial Crimes Against the Elderly 45

12. Assessing statutes related to power of attorney.

Although power of attorney is a common tool that serves

an important and legitimate purpose for many seniors, it

is also vulnerable to abuse. Specific regulations governing

powers of attorney vary by state. Reviewing existing

legislation and assessing current provisions for

establishing, auditing, modifying, and canceling power of

attorney are an important part of assessing the local

problem. If existing statutes are vulnerable to abuse,

consider lobbying for the addition of protective

safeguards.

13. Screening caregivers. Many states do not require inhome caregivers to undergo criminal background checks.

By implementing such measures, people with a history of

physical or financial abuse or neglect could be prevented

from working as licensed caregivers. However, this

strategy would affect only those caregivers hired through

licensed agencies, and would not apply to informal

caregiving arrangements.

14. Training police and professionals involved in elders'

affairs. Police should be trained in the specific elements

of fraud and financial exploitation. Further, reports from

victims and other concerned parties are likely to be

complex and may be confusing to both dispatchers and

responding officers. Training for these individuals should

focus on proper procedures for referring cases for

investigation, and on ensuring that complainants

understand how the case will be handled.

Because of their ongoing involvement in elders' financial

affairs, banks and other financial institutions are uniquely

positioned to help prevent and detect financial

exploitation, and are therefore an essential partner in

combating the problem. Several states have developed
46 Financial Crimes Against the Elderly

and implemented training curricula for bank tellers to

recognize the warning signs of abuse, and these curricula

are widely available for replication or adaptation.45

Similarly, attorneys and certified public accountants who

prepare wills, tax returns, estate planning documents, and

other legal documents are uniquely suited to serve as an

early warning system to prevent financial exploitation.

Particularly if trained to identify the warning signs of

undue influence and diminished mental capacity,

attorneys and accountants can work with a

multidisciplinary team to make sure that all legal

documents are executed with the elder's voluntary and

informed consent, and will serve the elder's best

interest.46

Focused training can encourage doctors to ask specific

questions when assessing elders' physical and emotional

well-being. During private consultations, doctors can

explore the quality of elders' interactions with caregivers,

increasing the likelihood of detecting financial

exploitation.47

Responses With Limited Effectiveness

15. Disseminating information as a stand-alone strategy.

Traditional approaches focused on raising public

awareness have had limited success when used alone.

Particularly when targeting elders with significant mental

impairment, those who are isolated, and those who are in

desperate financial situations, public information

campaigns alone are insufficient for preventing financial

abuse. Further, information campaigns that rely solely on

the distribution of information (e.g., fliers, pamphlets)

and do not feature any in-person interaction are among

the least effective strategies for preventing crime.
Responses to the Problem of Financial Crimes Against the Elderly 47

16. Enacting mandatory reporting laws. Although they

have shown some success in preventing and responding

to child abuse, mandatory reporting laws have not been

shown effective in preventing, identifying, or addressing

financial abuse of the elderly. Training curricula generally

include only the reporting requirements, and do not help

officers to detect abuse or provide responsive services; in

addition, sufficient resources are not allocated for quality

investigations of all reports made.48

17. Bonding or registering telemarketers. Although

bonding and registration are often suggested to prevent

fraud, there is no empirical research validating the

effectiveness of such provisions. While legitimate

businesses are likely to comply with such requirements,

fraudulent organizations are not likely to be deterred by

them. Further, it is unlikely that the average consumer

would know to ask about bonding or registration, or that

a fraudulent salesperson would tell the truth if asked

about the company's compliance. In one jurisdiction,

researchers discovered that fraudulent organizations

found the registration requirement helpful, as being able

to tell victims they were registered with the state brought

a false air of legitimacy.49

18. Expanding existing statutes. In the literature, there are

many references to the need to expand the scope of

existing statutes to promote the prosecution of financial

crimes against the elderly, and to enhance applicable

penalties. While enhanced sentences may offer some

benefit in terms of specific deterrence, there is no

empirical research indicating that such statutes result in

increased prosecution rates. Further, such statutes have

not been shown to have a general deterrent effect.50
48 Financial Crimes Against the Elderly

However, there is some evidence that requiring restitution

for elderly fraud victims, and improving efforts to

enforce restitution orders, can ease the harm suffered by

the victim.51
Appendix 49

Appendix: Summary of Responses to

Financial Crimes Against the Elderly

The table below summarizes the responses to financial

crimes against the elderly, the mechanism by which they

are intended to work, the conditions under which they

ought to work best, and some factors you should consider

before implementing a particular response. It is critical

that you tailor responses to local circumstances, and that

you can justify each response based on reliable analysis. In

most cases, an effective strategy will involve implementing

several different responses. Law enforcement responses

alone are seldom effective in reducing or solving the

problem.

1.

2.

36

36

Creating

multiagency task

forces

Working across

jurisdictions

Provides a range

of expertise in

critical areas

Creates the

ability to build

cases against

highly mobile

offenders;

incorporates

expertise in areas

of co-occurring

crimes

...formed as a

collaborative

partnership

between public,

private, and

nonprofit

agencies

...created

through formal

interagency

agreements with

clear and specific

protocols for

line-level officers

As a stand-alone

strategy, not likely

to directly impact

the scope or level

of the problem

Relationships

require

maintenance;

need clear

indications of the

lead agency in

specific cases;

potential for

"turf" issues to

reduce efficacy

Response

No.

Page No. Response How It Works Works Best If... Considerations

General Responses
50 Financial Crimes Against the Elderly

3.

4.

5.

6.

37

38

38

39

Improving

reporting

mechanisms

Training police to

interview elderly

victims of

financial crimes

Decreasing

victims' isolation

Educating seniors

and other

concerned parties

Improves the

quality of the

data available to

assess the scope

of the local

problem; creates

the ability to

provide services

to avoid repeat

victimization

Increases the

quality of

investigations;

increases

sensitivity to

victims' needs

Improves the

ability to support

and monitor

financial

decisions by atrisk seniors;

improves the

chances of early

detection

Makes it more

difficult for

frauds to

succeed

...clear

directions for

reporting are

widely

publicized;

specific

protocols for

agency crossreporting are

developed

...ongoing

training is

available; barriers

to accessing

information held

by other agencies

are removed up

front

...contact is

ongoing and in

person; contacts

are

knowledgeable

about warning

signs

...the curriculum

includes specific

strategies for

identifying

frauds as they

are occurring,

and techniques

for ending

unwanted

interactions

Rate of reported

crimes will increase;

potential for one

agency to interfere

with the activities

of another working

the same case

Requires long-term

commitment to

training; requires

obtaining access to

information that is

traditionally not

quickly available to

police

Requires long-term

commitment

Difficult to access

seniors who are

isolated, are

disabled, or have

diminished mental

capacity (high-risk

groups); requires

practice and

ongoing

compliance from

the recipient

Response

No.

Page No. Response How It

Works

Works

Best If...

Considerations

Specific Responses: Fraud
Appendix 51

7.

8.

9.

10.

11.

42

42

43

44

44

Identifying highrisk seniors

Reversing the

"boiler room"

Making it easier

for victims to

hang up on

telephone scams

Launching

undercover

operations

Enacting

proactive health

care, legal, and

financial planning

Decreases the

likelihood of

repeat

victimization

Effectively

identifies those

likely to be open

to fraudulent

sales pitches

Decreases

exposure to

fraudulent

pitches; reduces

temptation

Increases

offenders' risk of

arrest and

prosecution

Makes it more

difficult to access

elders' assets

...services include

individualized

attention to highrisk behaviors

...prevention

information is

delivered in a way

that meets elders'

need for

interaction, rather

than relying on

recordings

...exposure is

primarily via

telemarketing calls

...launched as a

multiagency

effort; undercover

victim strategy is

coupled with

infiltration of the

organization itself

...done early,

before any

cognitive

deterioration;

attorneys and

financial experts

guide the

arrangements

Individualized

nature of the

intervention can be

time-and costintensive

Expensive; less

effective without

personal interaction

and without

individualized,

concrete strategies

for minimizing

high-risk behaviors

Expensive; does not

address other sales

approaches (mail, in

person)

Expensive; requires

long-term

commitment;

complex and

competing interests

Does not guarantee

long-term security

of assets

Response

No.

Page No. Response How It

Works

Works

Best If...

Considerations

Specific Responses: Financial Exploitation
52 Financial Crimes Against the Elderly

12.

13.

14.

15.

16.

45

45

45

46

47

Assessing statutes

related to power

of attorney

Screening

caregivers

Training police

and professionals

involved in elders'

affairs

Disseminating

information as a

stand-alone

strategy

Enacting

mandatory

reporting laws

Decreases

vulnerability to

abuse

Prevents those

with criminal

records of

abusing the

elderly from

continuing to do

so 

Increases

possibilities for

early detection

Provides access to

information on

current frauds

and methods to

decrease personal

risk

Increases the

likelihood that

crimes will be

reported

...the review is

accompanied by

new procedural

safeguards

...criminal

records in

multiple

jurisdictions can

be accessed

...there are

ongoing working

relationships

between police

and the

professionals; a

specific officer is

identified for

future inquiries

...recipients

follow the advice

...mandated

reporters know

how to detect

abuse and

understand the

protocol for

reporting;

investigating

agencies are

sufficiently

funded to

respond to all

reports

Legislative changes

require long-term

commitment;

impact limited to

attempts to abuse

power of attorney

Effectiveness is

limited to those

situations in which

caregivers are hired

through an agency;

will not impact

informal

arrangements

May still require a

mental health

professional to

determine the

capacity for

consent;

assessments are

expensive

Difficult to target

elders at highest

risk; fails to meet

needs for

interaction; cannot

be individualized 

Lack of followthrough tends to

erode confidence in

the system

Response

No.

Page No. Response How It

Works

Works

Best If...

Considerations

Responses With Limited Effectiveness
Appendix 53

17.

18.

47

47

Bonding or

registering

telemarketers

Expanding

existing statutes

Requires

telemarketing

operations to

provide assurance

of legitimacy and

good-faith

intentions

Provides

enhanced

penalties for

crimes targeting

the elderly;

reduces rewards

...telemarketers

agree to follow all

rules and

regulations

...offenders are

caught; restitution

is ordered and

enforced

Requires buy-in

from offenders;

provides false sense

of good intentions;

most consumers do

not know to ask

about bonding or

registration

No general

deterrence effect;

does not help

prevention efforts

Response

No.

Page No. Response How It

Works

Works

Best If...

Considerations

Endnotes 55

Endnotes

1 Titus (1999).

2 Rosenfield (1994).

3 Ward-Hall (1999); Hafemeister (2003).

4 Hafemeister (2003).

5 American Association of Retired Persons (1999); Titus, Heinzelmann, and Boyle

(1995).

6 U.S. Senate (2000).

7 O'Hanlon (1997).

8 National Center on Elder Abuse (1998).

9 Tueth (2000).

10 California County Welfare Director's Association (1988); Shiferaw et al. (1994).

11 Hafemeister (2003); Tueth (2000).

12 Nerenberg (1999).

13 American Association of Retired Persons (1996).

14 American Association of Retired Persons (1996); Langenderfer and Shimp (2001);

Titus, Heinzelmann, and Boyle (1995); Van Wyk and Mason (2001); Choi, Kulick,

and Mayer (1999).

15 Van Wyk and Mason (2001).

16 Lee and Geistfeld (1999).

17 Titus and Gover (2001).

18 Titus and Gover (2001).

19 Titus and Gover (2001).

20 Titus (1999).

21 National Committee for the Prevention of Elder Abuse (n.d.), "Mental Capacity,

Consent, and Undue Influence"; National Committee for the Prevention of Elder

Abuse (n.d.), "An Interview With Margaret Singer on Undue Influence"; Quinn

(2000).

22 National Committee for the Prevention of Elder Abuse (n.d.), "An Interview With

Margaret Singer on Undue Influence."

23 Wilber and Reynolds (1996).

24 Whitlock (1994); Doocy et al. (2001); Blum (1972).

25 Blum (1972).

26 Blum (1972), p.14.
56 Financial Crimes Against the Elderly

27 Slotter (1998).

28 National Center on Elder Abuse (1998).

29 Sanchez (1996).

30 Wilber and Reynolds (1996).

31 Wilber and Reynolds (1996).

32 Tueth (2000).

33 U.S. Postal Service (n.d.).

34 Illinois State Triad (1998); Harshbarger and Ollivierre (1993); Price and Fox (1997).

35 This section is adapted from Nerenberg (2000).

36 Stiegel (1995), as cited in Payne (2000).

37 Nerenberg (1999).

38 Zevitz and Gurnack (1991).

39 Nerenberg (1996); Illinois State Triad (1998).

40 Payne (2002).

41 Coker and Little (1997).

42 National Fraud Information Center (n.d.); American Association of Retired Persons

(n.d.).

43 Friedman (1998).

44 Oregon Department of Human Services (n.d.).

45 Price and Fox (1997); Nerenberg (1996); Nassau County Police Department (1998).

46 Rush and Lank (2000).

47 Tueth (2000).

48 Daniels et al. (1999); U.S. General Accounting Office (1991).

49 Doocy et al. (2001).

50 Hafemeister (2003).

51 Deem (2000); National Committee for the Prevention of Elder Abuse (n.d.),

"Restitution."
References 57

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Kaye, A., and G. Darling (2000). "Oregon's Efforts to

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Kohl, R., D. Brensilber, and W. Holmes (1995). Elderly

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Langenderfer, J., and T. Shimp (2001). "Consumer

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Lee, J., and L. Geistfeld (1999). "Elderly Consumers'

Receptiveness to Telemarketing Fraud." Journal of Public

Policy & Marketing 18(2):208–217.
60 Financial Crimes Against the Elderly

Nassau County (N.Y.) Police Department (1998). "Fifth

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for the 1998 Herman Goldstein Award for Excellence in

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www.preventelderabuse.org/communities/fast.html

(n.d.). "An Interview With Margaret Singer on

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www.preventelderabuse.org/nexus/singer.html

(n.d.). "An Interview With Martin Plone."

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(n.d.). "Mental Capacity, Consent, and Undue

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(n.d.). "Restitution."

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National Fraud Information Center (n.d.). "Fighting Fraud

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D.C.: American Association of Retired Persons.
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Nerenberg, L. (2000). "Forgotten Victims of Financial

Crime and Abuse: Facing the Challenge." Journal of

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(1999). Forgotten Victims of Elder Financial Crime and

Abuse: A Report and Recommendations. Washington, D.C.:

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(1996). Financial Abuse of the Elderly. Washington,

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O'Hanlon, K. (1997). "Let the Pesky Telemarketers Down

Easy." Los Angeles Times, Oct. 6, p. ED7.

Oregon Department of Health Services (n.d.).

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www.dhs.state.or.us/spd/publications/gtf.htm

Payne, B. (2002). "An Integrated Understanding of Elder

Abuse and Neglect." Journal of Criminal Justice

30(6):535–547.

(2000). Crime and Elder Abuse: An Integrated

Perspective. Springfield, Ill.: Charles C. Thomas.

Price, G., and C. Fox (1997). "The Massachusetts Bank

Reporting Project: An Edge Against Elder Financial

Exploitation." Journal of Elder Abuse & Neglect

8(4):59–71.

Quinn, M. (2000). "Undoing Undue Influence." Journal of

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Rosenfield, J. (1994). "In the Mail." Direct Marketing

57(8):32–35.
62 Financial Crimes Against the Elderly

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Fraud of the Elderly Client or Parent." The Wisconsin

CPA (June):12–13.

Sanchez, Y. (1996). "Distinguishing Cultural Expectations

in Assessment of Financial Exploitation." Journal of

Elder Abuse & Neglect 8(2):49–59.

Schulte, F. (1995). Fleeced! Telemarketing Rip-Offs and How to

Avoid Them. Amherst, N.Y.: Prometheus Books.

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Walls, and B. Rohrer. (1994). "The Investigation and

Outcome of Reported Cases of Elder Abuse: The

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the Crimes They Perpetrate." Journal of Elder Abuse &

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presented at the Restoration for Victims of Crime

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Impaired Elderly Persons." American Journal of Geriatric

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Vulnerability and Reporting Behavior for Consumer

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Gerontologist 31(1):92–101.
About the Author 65

About the Author

Kelly Dedel Johnson

Kelly Dedel Johnson is a criminal justice consultant based in

Portland, Ore. On behalf of the Bureau of Justice Assistance,

she has provided evaluation-related technical assistance to

over 60 jurisdictions nationwide, three of which have

implemented successful elder abuse programs [the Illinois

State Police, the Riverside County (Calif.) District Attorney's

Office, and the Spokane County (Wash.) Prosecuting

Attorney's Office]. In this capacity, she works with a broad

range of criminal justice programs implemented by police,

prosecutors, public defenders, local jails, community

corrections, and prisons. She also consults with the Justice

Department as a monitor/investigator of civil rights

violations in juvenile correctional facilities, most often in the

area of education. She is on the faculty of the National

Judicial College, where she provides judicial training on the

consequences of incarcerating juveniles in adult prisons and

jails. Among her other research interests are risk assessment

and offender classification, and evaluations of communitybased supervision for adult and juvenile offenders. Dedel

Johnson received a bachelor's degree in psychology and

criminal justice from the University of Richmond, and a

doctorate in clinical psychology from the Center for

Psychological Studies, in Berkeley, Calif.

Recommended Readings 67

Recommended Readings

• A Police Guide to Surveying Citizens and Their

Environments, Bureau of Justice Assistance, 1993. This

guide offers a practical introduction for police practitioners

to two types of surveys that police find useful: surveying

public opinion and surveying the physical environment. It

provides guidance on whether and how to conduct costeffective surveys.

• Assessing Responses to Problems: An

Introductory Guide for Police Problem-Solvers, by

John E. Eck (U.S. Department of Justice, Office of

Community Oriented Policing Services, 2001). This guide is

a companion to the Problem-Oriented Guides for Police series. It

provides basic guidance to measuring and assessing

problem-oriented policing efforts.

• Conducting Community Surveys, by Deborah Weisel

(Bureau of Justice Statistics and Office of Community

Oriented Policing Services, 1999). This guide, along with

accompanying computer software, provides practical, basic

pointers for police in conducting community surveys. The

document is also available at www.ojp.usdoj.gov/bjs.

• Crime Prevention Studies, edited by Ronald V. Clarke

(Criminal Justice Press, 1993, et seq.). This is a series of

volumes of applied and theoretical research on reducing

opportunities for crime. Many chapters are evaluations of

initiatives to reduce specific crime and disorder problems.
68 Financial Crimes Against the Elderly

• Excellence in Problem-Oriented Policing:The 1999

Herman Goldstein Award Winners. This document

produced by the National Institute of Justice in

collaboration with the Office of Community Oriented

Policing Services and the Police Executive Research Forum

provides detailed reports of the best submissions to the

annual award program that recognizes exemplary problemoriented responses to various community problems. A

similar publication is available for the award winners from

subsequent years. The documents are also available at

www.ojp.usdoj.gov/nij.

• Not Rocket Science? Problem-Solving and Crime

Reduction, by Tim Read and Nick Tilley (Home Office

Crime Reduction Research Series, 2000). Identifies and

describes the factors that make problem-solving effective or

ineffective as it is being practiced in police forces in

England and Wales.

• Opportunity Makes the Thief: Practical Theory for

Crime Prevention, by Marcus Felson and Ronald V.

Clarke (Home Office Police Research Series, Paper No. 98,

1998). Explains how crime theories such as routine activity

theory, rational choice theory and crime pattern theory have

practical implications for the police in their efforts to

prevent crime.

• Problem Analysis in Policing, by Rachel Boba (Police

Foundation, 2003). Introduces and defines problem

analysis and provides guidance on how problem analysis

can be integrated and institutionalized into modern

policing practices.
Recommended Readings 69

• Problem-Oriented Policing, by Herman Goldstein

(McGraw-Hill, 1990, and Temple University Press, 1990).

Explains the principles and methods of problem-oriented

policing, provides examples of it in practice, and discusses

how a police agency can implement the concept.

• Problem-Oriented Policing and Crime

Prevention, by Anthony A. Braga (Criminal Justice

Press, 2003). Provides a through review of significant

policing research about problem places, high-activity

offenders, and repeat victims, with a focus on the

applicability of those findings to problem-oriented

policing. Explains how police departments can facilitate

problem-oriented policing by improving crime analysis,

measuring performance, and securing productive

partnerships.

• Problem-Oriented Policing: Reflections on the

First 20 Years, by Michael S. Scott (U.S. Department of

Justice, Office of Community Oriented Policing Services,

2000). Describes how the most critical elements of

Herman Goldstein's problem-oriented policing model have

developed in practice over its 20-year history, and proposes

future directions for problem-oriented policing. The report

is also available at www.cops.usdoj.gov.

• Problem-Solving: Problem-Oriented Policing in

Newport News, by John E. Eck and William Spelman

(Police Executive Research Forum, 1987). Explains the

rationale behind problem-oriented policing and the

problem-solving process, and provides examples of

effective problem-solving in one agency.
70 Financial Crimes Against the Elderly

• Problem-Solving Tips: A Guide to Reducing Crime

and Disorder Through Problem-Solving

Partnerships by Karin Schmerler, Matt Perkins, Scott

Phillips, Tammy Rinehart and Meg Townsend. (U.S.

Department of Justice, Office of Community Oriented

Policing Services, 1998) (also available at

www.cops.usdoj.gov). Provides a brief introduction to

problem-solving, basic information on the SARA model

and detailed suggestions about the problem-solving process.

• Situational Crime Prevention: Successful Case

Studies, Second Edition, edited by Ronald V. Clarke

(Harrow and Heston, 1997). Explains the principles and

methods of situational crime prevention, and presents over

20 case studies of effective crime prevention initiatives.

• Tackling Crime and Other Public-Safety Problems:

Case Studies in Problem-Solving, by Rana Sampson

and Michael S. Scott (U.S. Department of Justice, Office of

Community Oriented Policing Services, 2000) (also available

at www.cops.usdoj.gov). Presents case studies of effective

police problem-solving on 18 types of crime and disorder

problems.

• Using Analysis for Problem-Solving: A Guidebook

for Law Enforcement, by Timothy S. Bynum (U.S.

Department of Justice, Office of Community Oriented

Policing Services, 2001). Provides an introduction for

police to analyzing problems within the context of

problem-oriented policing.

• Using Research: A Primer for Law Enforcement

Managers, Second Edition, by John E. Eck and Nancy G.

LaVigne (Police Executive Research Forum, 1994). Explains

many of the basics of research as it applies to police

management and problem-solving.
Other Problem-Oriented Guides for Police 71

Other Problem-Oriented Guides for Police

Problem-Specific Guides series:

1. Assaults in and Around Bars. Michael S. Scott. 2001.

ISBN: 1-932582-00-2

2. Street Prostitution. Michael S. Scott. 2001. ISBN: 1-932582-01-0

3. Speeding in Residential Areas. Michael S. Scott. 2001.

ISBN: 1-932582-02-9

4. Drug Dealing in Privately Owned Apartment Complexes.

Rana Sampson. 2001. ISBN: 1-932582-03-7

5. False Burglar Alarms. Rana Sampson. 2001. ISBN: 1-932582-04-5

6. Disorderly Youth in Public Places. Michael S. Scott. 2001.

ISBN: 1-932582-05-3

7. Loud Car Stereos. Michael S. Scott. 2001. ISBN: 1-932582-06-1

8. Robbery at Automated Teller Machines. Michael S. Scott. 2001.

ISBN: 1-932582-07-X

9. Graffiti. Deborah Lamm Weisel. 2002. ISBN: 1-932582-08-8

10. Thefts of and From Cars in Parking Facilities. Ronald V.

Clarke. 2002. ISBN: 1-932582-09-6

11. Shoplifting. Ronald V. Clarke. 2002. ISBN: 1-932582-10-X

12. Bullying in Schools. Rana Sampson. 2002. ISBN: 1-932582-11-8

13. Panhandling. Michael S. Scott. 2002. ISBN: 1-932582-12-6

14. Rave Parties. Michael S. Scott. 2002. ISBN: 1-932582-13-4

15. Burglary of Retail Establishments. Ronald V. Clarke. 2002.

ISBN: 1-932582-14-2

16. Clandestine Drug Labs. Michael S. Scott. 2002.

ISBN: 1-932582-15-0

17. Acquaintance Rape of College Students. Rana Sampson. 2002.

ISBN: 1-932582-16-9

18. Burglary of Single-Family Houses. Deborah Lamm Weisel.

2002. ISBN: 1-932582-17-7

19. Misuse and Abuse of 911. Rana Sampson. 2002.

ISBN: 1-932582-18-5
72 Financial Crimes Against the Elderly

20. Financial Crimes Against the Elderly.

Kelly Dedel Johnson. 2003. ISBN: 1-932582-22-3

21. Check and Card Fraud. Graeme R. Newman. 2003.

ISBN: 1-932582-27-4

22. Stalking. The National Center for Victims of Crime. 2004.

ISBN: 1-932582-30-4

23. Gun Violence Among Serious Young Offenders. Anthony A.

Braga. 2004. ISBN: 1-932582-31-2

24. Prescription Fraud. Julie Wartell, Nancy G. La Vigne. 2004.

ISBN: 1-932582-33-9

25. Identity Theft. Graeme R. Newman. 2004 ISBN: 1-932582-35-5

26. Crimes Against Tourists. Ronald W. Glensor, Kenneth J. Peak. 2004

ISBN: 1-932582-36-3

Response Guides series:

• The Benefits and Consequences of Police Crackdowns.

Michael S. Scott. 2003. ISBN: 1-932582-24-X

Problem-Solving Tools series:

• Assessing Responses to Problems: An Introductory Guide for

Police Problem-Solvers. John E. Eck. 2002. ISBN: 1-932582-19-3

Upcoming Problem-Oriented Guides for Police 

Problem-Specific Guides

Disorder at Budget Motels

Domestic Violence

Mentally Ill Persons

Robbery of Taxi Drivers

Student Party Disturbances on College Campuses

School Break-Ins

Street Racing

Bomb Threats in Schools
Other Problem-Oriented Guides for Police 73

Underage Drinking

Open-Air Drug Markets

Sexual Offenses in Public Places

Drunk Driving

Cruising

Bank Robbery

Response Guides

Closing Streets and Alleys to Reduce Crime

Problem-Solving Tools

Repeat Victimization

Using Offender Interviews to Inform Police Problem-Solving

Other Related COPS Office Publications

• Using Analysis for Problem-Solving: A Guidebook

for Law Enforcement. Timothy S. Bynum.

• Problem-Oriented Policing: Reflections on the First

20 Years. Michael S. Scott. 2001.

• Tackling Crime and Other Public-Safety Problems:

Case Studies in Problem-Solving. Rana Sampson and

Michael S. Scott. 2000.

• Community Policing, Community Justice, and

Restorative Justice: Exploring the Links for the

Delivery of a Balanced Approach to Public Safety.

Caroline G. Nicholl. 1999.

• Toolbox for Implementing Restorative Justice and

Advancing Community Policing. Caroline G. Nicholl.

2000.

• Problem-Solving Tips: A Guide to Reducing

Crime and Disorder Through Problem-Solving

Partnerships. Karin Schmerler, Matt Perkins, Scott

Phillips, Tammy Rinehart and Meg Townsend. 1998.
74 Financial Crimes Against the Elderly

• Bringing Victims into Community Policing. The

National Center for Victims of Crime and the Police

Foundation. 2002.

• Call Management and Community Policing. Tom

McEwen, Deborah Spence, Russell Wolff, Julie Wartell

and Barbara Webster. 2003.

• Crime Analysis in America. Timothy C. O’Shea and

Keith Nicholls. 2003.

• Problem Analysis in Policing. Rachel Boba. 2003.

• Reducing Theft at Construction Sites: Lessons

From a Problem-Oriented Project. Ronald V. Clarke

and Herman Goldstein. 2003.

• The COPS Collaboration Toolkit: How to Build,

Fix, and Sustain Productive Partnerships. Gwen O.

Briscoe, Anna T. Laszlo and Tammy A. Rinehart.

2001.

• The Law Enforcement Tech Guide: How to plan,

purchase and manage technology (successfully!).

Kelly J. Harris and William H. Romesburg. 2002.

• Theft From Cars in Center City Parking 

Facilities - A Case Study. Ronald V. Clarke and

Herman Goldstein. 2003.

For more information about the Problem-Oriented Guides for

Police series and other COPS Office publications, please call

the COPS Office Response Center at 800.421.6770 or visit

COPS Online at www.cops.usdoj.gov.

FOR MORE INFORMATION:

U.S. Department of Justice

Office of Community Oriented Policing Services

1100 Vermont Avenue, N.W.

Washington, D.C. 20530

To obtain details on COPS programs, call the

COPS Office Response Center at 800.421.6770

Visit COPS Online at the address listed below.

e07042443 Updated Date: August 4, 2004

ISBN: 1-932582-22-3

www.cops.usdoj.gov