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This is Google's cache of http://www.ncea.aoa.gov/ncearoot/main_site/Library/CANE/CANE_Series/CANE_FinancialExploitation.aspx. It is a snapshot of the page as it appeared on Jun 27, 2010 13:10:27 GMT. The current page could have changed in the meantime. Learn more Text-only versionThese search terms are highlighted: financial elderly person includes constitute property crimes regardless age victim california These terms only appear in links pointing to this page: exploytation acts thin includes U.S. Administration on Aging Home NCEA E-News State Resources Calendar About NCEA What We Do NCEA Partners NCEA Initiatives Find Help Help Hotline ElderCare Locator Find State Resources Resources for Families Adult Protective Services FAQ's Frequently Asked Questions Basics Resource for Professionals Nursing Home Abuse Resources Community Outreach Newsletter NCEA Listserve Online Links Promising Practice Library CANE Publications Events & Webcast Laws Statistic & Research Training Library Abuse Statistics Survey, Reports & Testimonies Research Briefs & Agenda National Incident Study Home > Library > CANE Printer Friendly Text Size: T T T Financial Exploitation of the Elderly: An Update of the Literature Financial exploitation of the elderly is becoming an increasingly familiar problem. Regular review of news headlines reveals that elders and vulnerable adults are victimized routinely by frauds, scams and identity theft, at the hands of strangers as well as loved ones, not only in the United States, but throughout the world. As technology advances, perpetrator

This is the html version of the file http://students.law.ucdavis.edu/LSA/files/outlines/Civ%20Pro%20-%20Unknown%20-%200203.doc. Google automatically generates html versions of documents as we crawl the web. CIV PRO OUTLINE As of 5/1 1. WHAT'S CIVIL PROCEDURE? 1. Prescribes and administers process for enforcing rights and duties specified in substantive law 2. EVOLUTION OF CIVIL PROCEDURE (pgs. 18-32) 1. Significant Anglo-Saxon institutions at time of conquest: 1. Crown 2. Local tribunals 1. Slow and uncertain in operation 2. Earliest forms of royal intervention 1. Executive 2. Administrative 3. Writ 1. Written directive from king to royal official/to individual/group of individuals ordering addressees to do/refrain from doing designated act 2. Procedural steps by which prosecuted not uniform 3. Praecipe 1. Executive command made without inquiry 4. Novel disseisin/querela 1. Derived from procedure in which judicial inquest of complaints heard first and then executive action followed 4. king's direct entertainment of complaints of subjects 3. Early evolution of royal courts 1. Medieval central government 1. King's court/curia regis 2. Why separate branches? 1. Administrative necessity for orderly record keeping 2. Historical fact that early Plantagenet kings had domains in France that were more important to them than England and which required their presence on continent for long periods of time (king absent a lot) 4. Common law procedure 1. Background of all medieval litigation was hope of bringing parties to some sort of voluntary accord

Contrast the Court's approach to Article III separation of powers issues with the more rigid approach enunciated in INS v. Chadha and Bowsher v. Synar, involving congressional incursions on executive power.

Constitutional basis for legislation Congress derived its power to pass the Sherman Act through its constitutional authority to regulate interstate commerce. Therefore, Federal courts only have jurisdiction to apply the Act to conduct that restrains or substantially affects either interstate commerce or trade within the District of Columbia. This requires the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce. [edit] Elements A Section 1 violation has three elements:[16] An agreement which unreasonably restrains competition and which affects interstate commerce.

Constitutional basis for legislation Congress derived its power to pass the Sherman Act through its constitutional authority to regulate interstate commerce. Therefore, Federal courts only have jurisdiction to apply the Act to conduct that restrains or substantially affects either interstate commerce or trade within the District of Columbia. This requires the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce. [edit] Elements A Section 1 violation has three elements:[16] An agreement which unreasonably restrains competition and which affects interstate commerce.

Copyright (c) 1990 Georgetown Law Journal Georgetown Law Journal ARTICLE: Removing Conflicts from the Administration of Justice: Conflicts of Interest and Independent Counsels Under the Ethics in Government Act. 1 October, 1990 79 Geo. L.J. 1 Author BETH NOLAN * Excerpt I. INTRODUCTION The independent counsel provisions of the Ethics in Government Act of 1978 2 are a reflection of one of our nation's most fundamental aspirations for government: that official decisions should be made in the interests of the common good, not in the narrow self-interests of the individuals in power. This aspiration in turn reflects some of the basic tenets of our constitutional faith: that we shall be bound only by a government of laws, no one shall be above the law, and each person shall receive equal justice under the law. To further this goal, the independent counsel provisions endeavor to guarantee that certain investigations and prosecutions are undertaken free of the compromising influence of the prosecutor's own political or personal interests. From this perspective, the aspiration of the independent counsel provisions is for the reign of the "rule of law." 3 The independent counsel provisions are both an expression of fealty to the rule of law and a concession to its elusiveness. To legislate that certain individuals and institutions may not investigate certain other individuals is to acknowledge that the rule of law is vulnerable to manipulation and abuse. Moreover, the independent counsel law reflects a fear that manipulation and abuse can occur even when intentions are noble, or at least not malevolent. This is the underlying theory of the law, which mandates recusal of the entire Department of Justice in a certain category of cases, without regard to the ability of the Department to undertake a ...

Political parties taking elder property in secret by zoning overlays. Riverside County Water Board who is the County Supervisor Marion Ashley. Probate Homicides at a profit. Needs the Federal Government to take action against corruption

Riverside County Internal Affairs -When I complained they said they can no longer talk to me. To: Andre O'harra Mr Ohara -I feel bad having to request from you what I need. I have been reading several corruption cases and it makes me feel like I am putting you in unfriendly waters. I would not if I did not have to. I do not want to put anyone in danger. But unfortunatly you and I are in the same boat. Sorry. I have been reading the laws regarding citizens over 65. I believe after reading the information I have that my mother has a legal standing to actually stand in my fathers place with all the rights he would have. Also I believe this case should of been reported to protective services as my father was over 65 and my mother who was also at the attack and had her husband choked in front of her while he was passed out. I cannot tell you what this has done to my mothers well being mentally and physically. The law states anyone over 65, not just a dependent. The situation in our small community has become very stressful. This is not just going to go away. -- My mother and I know how it feels. I had told you before how the Reddish family had followed us the first night of my dads death, yelled at our host for inviting us, then rang the phone every few minutes during dinner. They have watched our home and anyone from our area that visited us was harassed several times. Now the neighbor who was in jail for trying to kill his mother in law is out. I had asked about getting records on the case before. Several people close to that case early on before we knew no investigation told me Ty was selling illegal guns before. He use to work construction under the table with the guy. It is told as a fact not a story in our area. No police records of course on it. . No one will even look at mom she has lived here 30 years. I know it is fear they have but it still hurts. And mom is so alone now, she needs support. But I have to tell you my mom still sho

Riverside County Internal Affairs -When I complained they said they can no longer talk to me. To: Andre O'harra Mr Ohara -I feel bad having to request from you what I need. I have been reading several corruption cases and it makes me feel like I am putting you in unfriendly waters. I would not if I did not have to. I do not want to put anyone in danger. But unfortunatly you and I are in the same boat. Sorry. I have been reading the laws regarding citizens over 65. I believe after reading the information I have that my mother has a legal standing to actually stand in my fathers place with all the rights he would have. Also I believe this case should of been reported to protective services as my father was over 65 and my mother who was also at the attack and had her husband choked in front of her while he was passed out. I cannot tell you what this has done to my mothers well being mentally and physically. The law states anyone over 65, not just a dependent. The situation in our small community has become very stressful. This is not just going to go away. -- My mother and I know how it feels. I had told you before how the Reddish family had followed us the first night of my dads death, yelled at our host for inviting us, then rang the phone every few minutes during dinner. They have watched our home and anyone from our area that visited us was harassed several times. Now the neighbor who was in jail for trying to kill his mother in law is out. I had asked about getting records on the case before. Several people close to that case early on before we knew no investigation told me Ty was selling illegal guns before. He use to work construction under the table with the guy. It is told as a fact not a story in our area. No police records of course on it. . No one will even look at mom she has lived here 30 years. I know it is fear they have but it still hurts. And mom is so alone now, she needs support. But I have to tell you my mom still sho

"This formal approach to the meaning of due process could obviously have limited both Congress and the state legislatures in the development of procedures unknown to English law. But when California's abandonment of indictment by grand jury was challenged, the Court refused to be limited by the fact that such proceeding was the English practice and that Coke had indicated that it was a proceeding required as "the law of the land." The meaning of the Court in Murray's Lessee was "that a process of law, which is not otherwise forbidden, must be taken to be due process of law, if it can show the sanction of settled usage both in England and in this country; but it by no means follows that nothing else can be due process of law." To hold that only historical, traditional procedures can constitute due process , the Court said, "would be to deny every quality of the law but its age, and to render it incapable [p.1348] of progress or improvement." 23 Therefore, in observing the due process guarantee, it was concluded, the Court must look "not [to] particular forms of procedures, but [to] the very substance of individual rights to life, liberty, and property." The due process clause prescribed "the limits of those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions. . . . It follows that any legal proceeding enforced by public authority, whether sanctioned by age and custom, or newly devised in the discretion of the legislative power, in furtherance of the general public good, which regards and preserves these principles of liberty and justice, must be held to be due process of law." 24"

There is no separation of powers here in Riverside- When we wrote about what happening to us they just said only DA can help. Jerry Brown has lawsuits with Pacheco and would jepardise them.

The Federal Judge in our case has already had exparte meetings. This is a powerful wealthy group with tons of influence espeacially when you have the county full of elders waiting to be put into guardianship and get their assests

Corruption to Elder Crime Victim Lee Frank in rural area.

10-026 §10.26 Checklist: Essential Allegations

Elder Abuse

exceptional, homicide closed

Nye Frank racing homicide of famous race car builder. Homicide case closed behind closed doors with the investigators being the judge and jury and conflict of interest in the relationships