U.S. Department of Justice Office of the Attorney General Attorney General’s Annual Report to Congress on Department of Justice Activities to Combat Elder Fraud and Abuse October 18, 2020 Table of Contents Foreword ........................................................................................................................................ii Introduction ................................................................................................................................v Executive Summary ..................................................................................................................vii Programmatic Highlights .....................................................................................................1 Case Highlights .........................................................................................................................24 Resources and Training for Elder Justice Professionals .....................................49 Community Education, Outreach, and Prevention ..................................................63 Victim Support ............................................................................................................................78 Data Collection Best Practices ........................................................................................91 Looking Forward .......................................................................................................................94 Conclusion ...................................................................................................................................99 i Foreword by Deputy Attorney General Jeffrey Rosen The American public has faced many challenges this year due to the COVID-19 pandemic, with those challenges impacting our elderly particularly hard. This disease has not only endangered seniors’ physical welfare; it has also led many to a state of increased isolation and vulnerability. Unfortunately, bad actors have used the pandemic as an opportunity to exploit an already vulnerable population. At a time when seniors need to focus on protecting their own health and well-being, scammers now threaten their psychological and financial security. Criminals who capitalize on this pandemic to reap illicit profits or otherwise prey on Americans are reprehensible, and their crimes will not be tolerated. The Department has takenswift action to combat this misconduct. We directed all U.S. Attorneys to work closely with state and local authorities to detect, investigate, and prosecute offenses related to the pandemic. To that end, I further directed each U.S. Attorney’s Office to appoint a Coronavirus Fraud Coordinator to serve as the legal liaison for the district on matters relating to the Coronavirus, to supervise prosecution of Coronavirus-related crimes, and to conduct outreach and awareness. The Coronavirus Fraud Coordinator in each office works closely with the Elder Justice Coordinator to ensure particular consideration and protection of the elderly. To improve and further the detection of criminal conduct related to the pandemic, the Department urged Americans to report incidents of suspected fraud schemes to the National Center for Disaster Fraud (NCDF), either by calling the hotline (1-866-720-5721) or by emailing the NCDF at [email protected]. The NCDF receives complaints and forwards them to the appropriate law enforcement agency and U.S. Attorney’s Office as well as Justice Department litigating and law enforcement components to identify, investigate, and prosecute fraud schemes. When the pandemic first hit, the Department began receiving reports of individuals hoarding vital medical supplies in order to make windfall profits at the expense of public safety and the health of fellow citizens. In response, the Department established the COVID-19 Hoarding and Price Gouging Task Force to develop effective enforcement measures and best practices and to coordinate the nationwide investigation and prosecution of these exploiters. Each of the 94 U.S. Attorney’s offices and each relevant Department component designated an experienced attorney to serve as a member of the task force. Despite exceptional challenges, our prosecutors and agents have worked diligently and resourcefully to raise public awareness of the rise of criminal activity related to the coronavirus. U.S. Attorney’s offices and law enforcement officers turned to media outlets and virtual mediums to educate seniors and warn them about the escalating trend of coronavirus- related scams. ii Unprecedented times such as these truly amplify the significant work of the Department’s Elder Justice Initiative. As outlined further in this report, the Department and its allies did not stand idly by but took swift and unparalleled action to identify, investigate, prevent, and prosecute illicit activity and protect older American’s peace of mind. In times of crisis, it is even more vital that we work together to protect the vulnerable and preserve justice. iii Introduction by Attorney General William Barr Crimes committed against older Americans have alarmingly increased in recent years. What makes these crimes particularly heinous, is not only the vulnerability of the victims, not only the breach of trust involved but also the victims’ stage of life. The financial, physical, and emotional impacts of these crimes are devastating and often irreversible. As the Internet and other technology play a greater role in Americans’ daily lives, seniors are especially vulnerable. We have seen a rise in perpetrators singling out the elderly utilizing cyber fraud schemes and robocalls. These offenders are often overseas, working under the umbrella of transnational criminal organizations. The Department of Justice remains steadfastly committed to wielding the might of its resources to uncovering and stopping these criminals, both at home and abroad. I have directed the FBI, every U.S. Attorney’s office, and the thousands of law enforcement officers they represent, to aggressively prosecute elder fraud and abuse cases. For the past two years, the Department conducted record-breaking sweeps of fraudsters who targeted the elderly. This year, I am proud to announce that we broke records once again, with 400 defendants from around the globe charged – a 54 percent increase – for causing over one billion dollars in losses. Unfortunately, it is not just cold-blooded fraudsters who take advantage of the elderly. To address the failure of care seniors have encountered in nursing home facilities, the Department launched the National Nursing Home Initiative this spring. This initiative investigates those entrusted with providing care to our loved ones but who instead put profits before residents. As outlined further in this report, our efforts do not stop there. We understand that raising awareness is vital to accomplishing our goal. Combined with increased partnerships, outreach, and resources, the Department is devoted to providing direct support to victims and restoring their sense of security. Protecting senior citizens from exploitation has been and will remain a department priority. With our federal, state, local, tribal, and international partners, we will continue to advance our efforts and escalate the fight against those who target our elderly. Collaboration is paramount, and together we are bringing justice and peace of mind to America’s seniors. v Executive Summary by EOUSA Elder Justice Coordinator Sheri H. Mecklenburg In 2020, the Elder Justice Initiative continued its mission, stronger than ever, to prosecute and protect against elder fraud and abuse. For the last 15 months of my almost 14 year tenure as a federal prosecutor, I have had the privilege of serving as the Elder Justice Coordinator for the Executive Office for United States Attorneys, leading the Elder Justice Coordinators (EJCs) from the 94 U.S. Attorney’s offices, and working closely with the attorneys throughout the Department of Justice who share in the leadership of the Elder Justice Initiative. I have had the privilege of working closely with Antoinette Bacon, the Department’s Elder Justice Coordinator before she recently was appointed United States Attorney for the Northern District of New York, and was inspired by her tireless commitment and stellar leadership in protecting our elderly from fraud and abuse day after day. I have witnessed the outstanding work of dedicated agents, attorneys, victim advocates and support staff who have investigated and prosecuted the disturbing cases of elder abuse described in this report, who make it their mission to protect the elderly victims of fraud and abuse and to pursue the criminals here and abroad. This report also describes the many, many outreach efforts of our United States Attorneys, the EJCs and other attorneys and agents around the country, designed to educate our elderly about fraud and prevent them from becoming victims. As you read this report, you cannot help but be impressed with the attorneys, agents and others who have built this program and made it a success, and it is a tribute to them that it thrives and grows stronger every day, week, month and year. This has been a particularly challenging year for our elderly, due to the COVID-19 pandemic. The disease has not only threatened their physical welfare, but the proliferation of fraud triggered by the pandemic also has preyed on the psychological and financial well-being of the elderly. Too many are scared, isolated and vulnerable. Although the pandemic