DEPARTMENT OF JUSTICE JOURNAL OF FEDERAL LAW AND PRACTICE Volume 66 December 2018 Number 7 Director James A. Crowell IV Editor-in-Chief K. Tate Chambers Law Clerks Joseph Garfunkel Emily Lary Brianna Morrison Carson Sadro Sara Smith United States The Department of Justice Journal of Department of Justice Federal Law and Practice is published by Executive Office for United States the Executive Office for United States Attorneys Attorneys Washington, DC 20530 Office of Legal Education 1620 Pendleton Street Contributors’ opinions and statements Columbia, SC 29201 should not be considered an endorsement by EOUSA for any policy, program, or Cite as: service. 66 DOJ J. FED. L. & PRAC., no. 7, 2018. The Department of Justice Journal of Internet Address: Federal Law and Practice is published https://www.justice.gov/usao/resources/ pursuant to 28 C.F.R. § 0.22(b). journal-of-federal-law-and-practice Page Intentionally Left Blank Elder Justice In This Issue Introduction ........................................................................................ 1 By Acting Attorney General Matthew G. Whitaker The United States Department of Justice’s Elder Abuse Initiatives ...................................................................... 3 By Laura Ivkovich, Andy Mao, and Dr. Carrie Mulford Elder Financial Fraud Schemes: The Case for Federal Investigation and Prosecution ............... 31 By Peter E. Deegan Jr. Stop the Bleeding: Using Civil Injunctions Under 18 U.S.C. § 1345 To Stop Fraud .......................................... 39 By Jacqueline Blaesi-Freed Asset Forfeiture in Elder Fraud Schemes ................................... 61 By Kyle T. Bateman Using Fraud and Scam Reports to Fight Fraud Affecting Older Consumers ............................................................ 79 By Lois C. Greisman Money Mules: Stopping Older Adults and Others from Participating in International Crime Schemes .................................................................................. 95 By Michael C. Galdo, Monica E. Tait, Lisa E. Feldman Seeking Justice: The Department of Justice’s Civil and Criminal Tools and Strategies to Bring to Justice Nursing Homes Who Provide Grossly Substandard Care to Our Nation’s Elderly Residents ........................................................................... 113 By Susan Carney Lynch and Ellen Bowden McIntyre Using the False Claims Act to Combat Fraud by Personal Care Homes ............................................................... 129 By Michael S. Macko and Bianca Valcarce Elder Justice In This Issue Elder Justice—Federal, State, and Local Partnerships .........................................................................13 7 By Chantelle Smith and Rachel J. Scherle Promoting Elder Justice in Rural America: What the United States Department of Agriculture Brings to the Table .........................................................................1 47 By Brent Elrod Opioid Abuse and Elder Justice ................................................... 159 By Jane Pansing Brown Transnational Scam Predators and Older Adult Victims: Contributing Characteristics of Chronic Victims and Developing an Effective Response ...................................... 177 By Debbie Deem and Erik S. Lande Investigating and Prosecuting Transnational Telefraud Schemes: The India-Based Call Center Scam and Costa Rica Telemarketing Fraud Cases ..................................... 213 By J. Michael Sheckels and Jennifer L. Farer Senior Corps and the Department of Justice: Working Together to Prevent Elder Fraud and Abuse .............................................................................26 3 By Deborah Cox-Roush Responding to Elder Abuse and Neglect in American Indian and Alaska Native Communities..................................... 275 By Leslie A. Hagen Note from the Editor-in-Chief ...................................................... 305 By K. Tate Chambers Introduction Matthew G. Whitaker Acting Attorney General of the United States Elder abuse is a serious crime against some of the most decent and trusting people in our society—and it is all too common today. It is widely estimated that one in ten seniors in the United States is abused.1 That abuse can be physical, but often it is psychological or financial.2 Each year, an estimated $3 billion is stolen or defrauded from millions of American seniors through “grandparent scams,” fake prizes, romance scams, fraudulent IRS refunds, and even outright extortion.3 Unfortunately, such crimes pose a special challenge in rural communities like the one where I grew up, in which law enforcement agencies can be spread thin and where there often are fewer support services available. Exploiting seniors is a despicable crime, and under this Administration, the Department has taken sweeping action to stop it. In 2018, the Department took a series of new steps to enhance its Elder Justice program. For example, we mandated that each of the 94 United States Attorneys’ offices appoint an Elder Justice Coordinator to be responsible for formulating and leading their District’s Elder Justice strategy. Second, we partnered with the United States Department of Agriculture to amplify the Department’s education and outreach to seniors in rural America. Third, we announced the largest coordinated sweep of elder fraud cases in history, with cases involving more than 250 defendants from around the globe who victimized more than a million Americans, most of whom were elderly. The cases include criminal, civil, and forfeiture actions across more than 50 federal districts, with losses exceeding $500 million. Fourth, we ordered more training and resource guides for Elder Justice Coordinators, including residential training at the 1 Elder Abuse Prevention, CTRS. FOR DISEASE CONTROL AND PREVENTION, https://www.cdc.gov/features/elderabuse/index.html (last visited Dec. 14, 2018). 2 See id. 3 Press Release, Fed. Bureau of Investigation, FBI Tech Tuesday—Building a Digital Defense Against Elder Fraud (Mar. 27, 2018). December 2018 DOJ Journal of Federal Law and Practice 1 National Advocacy Center and this issue of the DOJ Journal. That was only the beginning. In November, I attended the Department’s Rural and Tribal Elder Justice Summit in Des Moines, Iowa, which explored the unique challenges and opportunities associated with addressing elder abuse in rural and tribal communities. At the Summit, I announced that over the next 11 months, our Office for Victims of Crime will provide nearly $18 million to help seniors who are victims of crime. Additionally, I unveiled the Money Mule Initiative, which is a coordinated effort against the transnational criminal organizations who are defrauding our seniors. I am grateful to the Executive Office for United States Attorneys’ Office of Legal Education for compiling this outstanding Journal, and I thank each of the writers, reviewers, and editors who contributed to it. This will be a helpful resource to those of you committed to investigating and prosecuting these challenging cases. Our goal is to reduce crime and protect America’s seniors. I am confident that if we work together, we can help seniors and others have the security and the peace of mind that they deserve. 2 DOJ Journal of Federal Law and Practice December 2018 The United States Department of Justice’s Elder Abuse Initiatives Laura Ivkovich Policy Analyst Office for Victims of Crime United States Department of Justice Andy Mao Deputy Director Commercial Litigation Branch and Coordinator Elder Justice Initiative United States Department of Justice Dr. Carrie Mulford Former Social Science Analyst National Institute of Justice I. Introduction The mission of the United States Department of Justice is “to enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.”1 As part of its mission, the Department of Justice has engaged in a wide array of activities to combat, prevent, and expand our understanding of elder abuse, neglect, and financial exploitation. In this article, we will highlight three of the Department of Justice’s programmatic efforts in the area of elder abuse. First, we will highlight the range of research, statistics, and evaluation projects that have been funded by the National Institute of Justice (NIJ). Second, we will highlight the Bureau of Justice Statistics (BJS), the research and statistics arms of the Department of Justice. Finally, we will highlight the Office for Victims of Crime (OVC) and their programs and initiatives to support elder abuse victims as well as elder justice professionals. 1 About DOJ, U.S. DEP’T OF JUST., http://www.justice.gov/about (last visited Oct. 15, 2018). December 2018 DOJ Journal of Federal Law and Practice 3 A. Overview The Department of Justice is the chief enforcer of our nation’s federal laws. Given its broad array of responsibilities, the Department of Justice is divided into various divisions and offices.2 The Department of Justice’s litigating components are organized into divisions, including the Criminal, Civil, and Civil Rights Divisions. In addition to enforcing the nation’s federal laws, the Department of Justice provides federal leadership and support to state, local, and tribal communities through a wide array of programs.