DEFALCATION PROJECTS: Elder Exploitation & Undue Influence In Probate Court Processes

‘Oh what a tangled web we weave/When first we practice to deceive’ – Sir Walter Scott (1808) from Marmion: A Tale of Flodden Field.

A legal system can only function as designed if those in authority are willing to adhere to duty and enforce the law on its own court officers, otherwise the Court is a facade; a fabricated machination designed to financially benefit actors at the expense of casualties seeking justice.

The more caviler and brazen a network of white-collar professionals (cells) committing violations, the more likely there is top-down system wide corruption. When regulatory agencies whitewash and conceal indicia of corruption the greater chance bad actors will be able to unjustly prosper at the expense of the vulnerable citizenry, businesses, commerce, healthcare providers, court systems, and civic community’s structures; such as county, state and national governance.

Defelacation.org is a decentralized private-sector entity that analysis, consults and provides education on complex white-collar crime networks and endemic corruption within systems including civic regulatory structures. Participant analysts are usually not attorneys or law enforcement and no legal advise is offered. No donations are accepted and no fees are charged; educational material is free.

Entrenched Professional Cronyism in Probate Courts, A Key Factor in Elder Abuse & Exploitation.

The DEFALCATION Project is a private sector, nation-wide research endeavor as well as an educational hub for Elder Justice Advocacy Organizations, Journalists, Policy Makers and all person’s concerned with vulnerable person exploitation, legal protection & public safety.

Multiple Government sources claim their is a shortage on vulnerable person, and more specifically elder abuse, exploitation and negligence data. While totals and the extent of the problem is extremely difficult to measure most agree the scope of the “silent epidemic” of elder abuse is a catastrophic problem that effects many fields from law and social services to the medical and financial services industry. There are several viable explanations for this. Elder Rights Advocacy Organizations have been addressing and compiling information on these societal problems for years. Independent researchers, scholar’s, analysts and consultants have produced a wealth of information.

EDUCATIONAL RESOURCES

DEFALCATION.org researchers analyse cases while working directly with elder justice advocacy organizations and victims affected by elder abuse, exploitation and negligence. The results of these efforts lead to the development of a large and ever-expanding data repository that compares and contrasts current government data and the viable accounts of those directly impacted by exploitation, corruption and failed institutional responses. The following diagrams and links to various supporting data and the trend tracking repository provides a glimpse into the criminal elements facing the nation as it struggles to discern the problem as a means to reduce the damages and ideally create viable corrective solutions and accountability to eliminate repeating exploitative patterns.

Diagram 1: The Elder Exploitation Fraud Triangle (click the zoom feature/scroll over image to read box descriptions, hold mouse or finger to scroll diagram and click crossed arrow to view full size PDF).

Adopted from Criminologist Donald Cressey Creator of the Fraud Triangle. ACFE; Association of Certified Fraud Examiners Fraud Triangle.

“Trusted persons become trust violators when they conceive of themselves as having a financial problem which is non-shareable, are aware this problem can be secretly resolved by violation of the position of financial trust, and are able to apply to their own conduct in that situation verbalizations which enable them to adjust their conceptions of themselves as trusted persons with their conceptions of themselves as users of the entrusted funds or property.” 1  

Donald R. Cressey, Other People’s Money (Montclair: Patterson Smith, 1973) p. 30.

________________________________________

Diagram 2: The 5 Phase Elder Exploitation, Negligence & Abuse Pipeline (click the zoom feature to read box descriptions, hold mouse or finger to scroll diagram and click crossed arrow to view full size PDF).

The 5 Phase Elder Trafficking Pipeline By Professionals In Probate Court Process Map Repository is linked here and inserted below as iFrame Insert 2.


Diagram 3: Predictive Personality Pattern Indicators – Dark Triad, Cluster B Personality & The Elder Exploitation Fraud Triangle (click the zoom feature /scroll over image to read box descriptions, hold mouse or finger to scroll diagram and click crossed arrow to view full size PDF).

Diagram Adopted from Dark Triad – Cluster B Personality Research, the Fraud Triangle and Combined with Leading Undue Influence Models & Elder Exploitation Statutes.

Journal of Psychiatry and Psychiatric Disorders. Exploring the Dark Side: Relationships between the Dark TriaTraits and Cluster B Personality Disorder Features. 

_______________________________________

DEFLACATION.org’s Consulting and R & D Projects.

DEFALCATION.org consults with programmers on the develop on GIS Geo-intl tracking and repeating pattern analysis systems, this includes white collar crime data aggregation mapping applications and field data gathering application. The Citizen’s Public Safety Networks public safety tools: VP TaskForce (white paper below) is one such project. Another is a variety of public safety policy research publishing platforms such as Northwest Journal News and The Advocates Publishing Platform; AP Network News.

Whitepaper 1: VP TaskForce White Collar Crime Tracking System to assess catalyst behavior, compromised systems/regions and damages caused by Vulnerable Person (VP) exploitation. (click the zoom feature /scroll over image to read box descriptions, hold mouse or finger to scroll diagram and click crossed arrow to view full size PDF).

__________________________________

Whitepaper 2: Sherlock AI. An additional research project that show promise while in early stags of development is Sherlock AI; is a researcher trained artificially intelligent data curating scout that functions like a private investigator.

Analyst Example of a Complex Evolving Living Trust Scheme; From Estate Drafting to For-Profit Conservator Execution.

  1. Estate Planners draft voidable (fraudulent) Majority Ruled Revocable Trust where majority trustees are also elder beneficiaries and decide and pass donative transfers to themselves the memory-compromised seniors assets through tactically timed trust amendments and their interplay with Will(s),
  2. For-profit Conservators retains the same estate planning attorneys as sub-contractors or outside vendors with court appointed for-profit Conservatorship proceeds to execute the fiduciaries gifting schemes created by voidable (fraudulent trusts) while the elder person is still alive,
  3. Civil Probate Judge(s) sign off on approval of Conservator gifting contrary to Uniform Trust Code, State Regulatory Agency Acts, State and federal Statutes. This causes the elderly or vulnerable person to lose their assets through fraud even while they are alive and needing their funds.

____________________________

The AltrueSoft & WhistleField Projects

Defalcation.org advises on the development of Altruesoft Applications & Platforms: The Altruesoft ® software suite’s direct evidence documentation and citizen reporting platforms provide the perfect solution for verifiable whistle-blowing, citizen policing, human rights advocacy, civic accountability tracking, compliance reporting and perpetrator profiling through; direct victim testimony, field-data gathering, crowd-sourcing, AI algorithm source retrieval, repository analysis, “repeating pattern” research, litigation evidence and public safety geo-intel alert systems.

The WhisteField Field-data Gathering Projects are part of the VP TaskForce Public Safety Tools application suite and include several mobile applications that sun with crypto-secure flash drives and integrate with the GIS Geo-Intel mapping system, Sherlock AI can be used at various stages in the process.

Presentation Animation 1: WhistleDrive™ Cloud-linked, Crypto-secured “Evidence Gathering & Evidence Delivery System.”

_____________________________________

iFRAME INSERT 1: Navigable GIS Geo-intel Article Repository: Mouse over each maps heat-zone cluster circles, zoom in to view regional details. Click Tacks on or below map to view related articles, links, reports, video or other trend analyses data. Double click map to add your own event. Click here for full-sized master version.

Http iframes are not shown in https pages in many major browsers. Please read this post for details.

___________________________________

View Fill Sized Map Interface at Citizen Safety Maps and Elder Abuse Map.

iFRAME INSERT 2. The 5 Phase Elder Exploitation, Negligence & Abuse Pipeline: Porthole Gateway to the Elder Trafficking Pipeline By Professionals In Probate Court Process With Map Links to 1000’s of Verifiable News Articles, Cases/Related Evidence & Repeating Trend Analysis.

______________________________________

Http iframes are not shown in https pages in many major browsers. Please read this post for details.

_______________________________________________________

Data aggregation sources and leads: regional newspapers, VP TaskforceAltrueSoft Tech PlatformsCitizen to Citizen Reporting, Northwest Journal News, Grassroots Elder Advocate Organizations, State & national GAO research monitoring & grant projects. Key search terms: § 18-1505, § 39-5302, Adult Protective Services, Dept. of Health, Elder Abuse and Exploitation. Aggregated & direct interviews via Citizen research and complaints focused on corruption, professional cronyism among state licensed service providers such as Estate Planning Attorneys, Doctors, Physicians, Clinicians & coordinated medical/neurocognitive/capacity evaluations, Conservator, Court Visitor, LSW, Guardian, Guardianship, Trustee, Management Services, IRPC, Idaho State Bar, CMS, Hospital, Facility Management, SEC, FINRA, Code of Federal Regulations, Tax Fraud, Wealth Management Services, Certified Financial Forensics & CPA Investigation manuals, Uniform Code and many more industry compliance guidelines . Supported by research from over site sources, Bureau of Occupational Licenses and all State Statutes relevant to Negligence, Exploitation & Abuse including Probate Court monitoring, Senate Hearing on “Toxic Conservatorships“, recent federal legislation, Acts of Congress, Elder Justice Act, Elder Abuse Guide For Law Enforcement (EAGLE), American Bar Association & American Psychologists Association Resources on & Elder Abuse & Vulnerable Person Legislation.

Courtesy of Spokane; Washington, Sandpoint & Coeur d’alene; Kootenai County, Idaho Elder Abuse Advocates & Grassroots Networks.