The LifeLock Controversy: Is There No Protection Against Identity Theft?
While elder abuse can take many forms, one method of elder abuse is identity theft. A common form of identity theft is where someone obtains your private confidential information and then uses it to obtain credit accounts. This pernicious problem was humorously illustrated in a series of television commercials from Citibank, including this one. Unfortunately, the problem of identity theft has become so prevalent that according to this article, a National Public Radio station in Madison, Wisconsin recently stopped using volunteers during its call-in pledge drive because the station can no longer obtain insurance coverage if one its volunteers were to misappropriate a contributor's credit card information.
A number of private organizations, including Citibank, have tried to remedy the identify theft problem but perhaps none with more confidence than LifeLock. In a series of nationally broadcast advertisements, LifeLock CEO Todd Davis brazenly broadcasted his name and social security number and dared anyone to steal his identity. According to this article, least 87 attempts have been made to misappropriate Mr. Davis’ identity and recently, one conniving person succeeded by convincing a pay-day lender to advance $500 based on Mr. Davis’ personal identification information. Now, customers in several states are suing claiming that LifeLock’s services don’t perform as advertised.
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A number of private organizations, including Citibank, have tried to remedy the identify theft problem but perhaps none with more confidence than LifeLock. In a series of nationally broadcast advertisements, LifeLock CEO Todd Davis brazenly broadcasted his name and social security number and dared anyone to steal his identity. According to this article, least 87 attempts have been made to misappropriate Mr. Davis’ identity and recently, one conniving person succeeded by convincing a pay-day lender to advance $500 based on Mr. Davis’ personal identification information. Now, customers in several states are suing claiming that LifeLock’s services don’t perform as advertised.
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The Latest Fairy Tale: the Return of the Land Grant
With the ever worsening foreclosure crisis in California, confidence artists have invoked an age-old government program—the land grant—to swindle victims out of their homes. In this article, the Los Angeles Times reported that California and federal authorities recently shut down a San Diego-based company that was allegedly convincing homeowners to pay thousands of dollars to obtain foreclosure protection via the use of a land grant. Allegedly, the victims were told that by transferring their land to the federal government it would be protected from foreclosure and would later be returned to them free and clear. Thus by using the land grant program, they could stave off the foreclosure and wipe out hundreds of thousands of dollars in debt.
If only life were so easy.
The strange thing about this latest confidence scheme is that it essentially advocates the use of a reverse land grant. Historically, a land grant is a program used by governments to reward service and encourage development in remote territories. In the United States, the government started using land grants after the American Revolutionary War to reward veterans for their service. Later, the United States used land grants to encourage the development of the transcontinental railroads. By congressional acts of 1862 and 1890, the federal government also made land grants to states to establish colleges and universities. Many well-know universities such as Rutgers University (which is the oldest land grant university) and Michigan State University (which claims to be the pioneer land grant university) were established through the land grant program.
It is hard to imagine how a land grant program would be applicable to saving an overextended homeowner from foreclosure. While the congress is debating various legislative remedies to the foreclosure crisis, none has involved the concept of the government taking back an owner’s property through a reverse land grant. As California Attorney General Jerry Brown indicated, “there hasn’t been a legitimate use of the land grant since the conclusion of the Mexican-American War”. Nevertheless, the organization was able to convince hundreds of homeowners to participate and pay fees as high as $10,000 for the privilege. As this article illustrates, seniors are often especially vulnerable to foreclosure abuse.
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If only life were so easy.
The strange thing about this latest confidence scheme is that it essentially advocates the use of a reverse land grant. Historically, a land grant is a program used by governments to reward service and encourage development in remote territories. In the United States, the government started using land grants after the American Revolutionary War to reward veterans for their service. Later, the United States used land grants to encourage the development of the transcontinental railroads. By congressional acts of 1862 and 1890, the federal government also made land grants to states to establish colleges and universities. Many well-know universities such as Rutgers University (which is the oldest land grant university) and Michigan State University (which claims to be the pioneer land grant university) were established through the land grant program.
It is hard to imagine how a land grant program would be applicable to saving an overextended homeowner from foreclosure. While the congress is debating various legislative remedies to the foreclosure crisis, none has involved the concept of the government taking back an owner’s property through a reverse land grant. As California Attorney General Jerry Brown indicated, “there hasn’t been a legitimate use of the land grant since the conclusion of the Mexican-American War”. Nevertheless, the organization was able to convince hundreds of homeowners to participate and pay fees as high as $10,000 for the privilege. As this article illustrates, seniors are often especially vulnerable to foreclosure abuse.
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The Never Ending Will Contest
With a narrative that was sufficiently compelling to inspire a Hollywood movie, Melvin Dummar has returned and launched yet another legal challenge designed to obtain a portion of the estate of the late Howard Hughes. Dummar’s claim to a portion of the Hughes estate rests on his tale of being a Good Samaritan when he rescued a wandering Hughes from the Nevada desert in 1967.
Dummar, at the time a Utah service station owner, claimed that he picked up Howard Hughes along a desolate desert highway approximately 150 miles north of Las Vegas, Nevada. Hughes allegedly asked Dummar to take him to the Sands Hotel in Las Vegas and during the trip, Hughes revealed his identify to Dummar. After Hughes death, a handwritten will was discovered at The Church of Jesus Christ of Latter-day Saints (“LDS”) in Salt Lake City. The new will (commonly referred to as the “Mormon Will”) was allegedly prepared in 1968 and had a number of strange discrepancies including the fact that it left money to the LDS (Hughes had never been a member), named a dismissed former employee as executor and referred to Hughes’ famous flying boat by the term “spruce goose”, a moniker Hughes allegedly despised. Most importantly for Dummar, the Mormon Will left 1/16th of Hughes’ estate to Dummar. In June 1978, after a lengthy trial, the Mormon Will was ruled a forgery by a Nevada jury and Dummar received nothing from the Hughes estate.
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Dummar, at the time a Utah service station owner, claimed that he picked up Howard Hughes along a desolate desert highway approximately 150 miles north of Las Vegas, Nevada. Hughes allegedly asked Dummar to take him to the Sands Hotel in Las Vegas and during the trip, Hughes revealed his identify to Dummar. After Hughes death, a handwritten will was discovered at The Church of Jesus Christ of Latter-day Saints (“LDS”) in Salt Lake City. The new will (commonly referred to as the “Mormon Will”) was allegedly prepared in 1968 and had a number of strange discrepancies including the fact that it left money to the LDS (Hughes had never been a member), named a dismissed former employee as executor and referred to Hughes’ famous flying boat by the term “spruce goose”, a moniker Hughes allegedly despised. Most importantly for Dummar, the Mormon Will left 1/16th of Hughes’ estate to Dummar. In June 1978, after a lengthy trial, the Mormon Will was ruled a forgery by a Nevada jury and Dummar received nothing from the Hughes estate.
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The Latest Service: a Virtual Safe-Deposit Box?
One frequent issue that arises in both estate planning and estate administration is effective communication. Many individuals are concerned that their beneficiaries will not find their estate plan, asset accounts or important confidential information after their death. Often these individuals don’t want to share their confidential information with their beneficiaries while they are alive, but are concerned that their beneficiaries will not find the information after their death. Conversely, I have encountered numerous heirs and beneficiaries (usually administering probate estates) who are concerned that they might not have located all of the decedent’s assets or accounts.
One company, iGoodBye.com, has harnessed the power of the internet to create a novel solution to the problem of communicating confidential financial information after your death. At iGoodbye, the user creates a private account which can store copies of estate planning documents, financial accounts, passwords and other private, personal information. The user is provided with a password that will allow his or her beneficiaries to access the private information only after the users’ death (your death is verified with a death certificate). The user is given the security of knowing that all of their information is stored in one central location but accessible by their beneficiaries only after their passing. Essentially, the service appears to be a virtual safe-deposit box for your important estate documents. At this posting, iGoodBye.com service is $29.99 per year and the service can even be used without cost, if the user agrees to charge the annual cost to his or her beneficiaries following the users’ death.
Creative Scams Against Seniors Continue to Flourish
Were you recently notified that you were the winner of the Canadian lottery? Or perhaps you received a secret communiqué from a former official of the Nigerian government asking for your assistance discretely moving money out of his country. Were you surprised by your luck? As discussed in a recent Los Angeles Times article, perhaps you have become a victim of bad luck.
These scams are some of the latest variants of a confidence game commonly known as the Spanish Prisoner scam, in which the victim is informed that a very wealthy individual was wrongly imprisoned under a false name in a Spanish prison. The victim is told that if he or she were willing to help the prisoner in his greatest time of need, the victim will be richly rewarded after the prisoner is released. Revealing the name of the wealthy prisoner will most likely result in potentially catastrophic consequences, however, and so the victim is forced to rely on his agent—the confidence artist. The victim then pays the con artist money which is supposed to be used to free the prisoner but instead only helps the con artist.
The recent Los Angeles Times article also included the latest variants of the age-old confidence game, including one scam where potential victims are notified that they are named beneficiaries under the last will and testament of the famed Italian tenor Luciano Pavarotti. While such a claim may sound ludicrous to many people, the writers were able to find one individual who considered the pitch legitimate; a struggling tenor and had previously met Mr. Pavarotti at a musical event. For a mere $800 transfer fee, the victim could receive his bequest under Mr. Pavarotti’s will.
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These scams are some of the latest variants of a confidence game commonly known as the Spanish Prisoner scam, in which the victim is informed that a very wealthy individual was wrongly imprisoned under a false name in a Spanish prison. The victim is told that if he or she were willing to help the prisoner in his greatest time of need, the victim will be richly rewarded after the prisoner is released. Revealing the name of the wealthy prisoner will most likely result in potentially catastrophic consequences, however, and so the victim is forced to rely on his agent—the confidence artist. The victim then pays the con artist money which is supposed to be used to free the prisoner but instead only helps the con artist.
The recent Los Angeles Times article also included the latest variants of the age-old confidence game, including one scam where potential victims are notified that they are named beneficiaries under the last will and testament of the famed Italian tenor Luciano Pavarotti. While such a claim may sound ludicrous to many people, the writers were able to find one individual who considered the pitch legitimate; a struggling tenor and had previously met Mr. Pavarotti at a musical event. For a mere $800 transfer fee, the victim could receive his bequest under Mr. Pavarotti’s will.
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Do You Know Who Will Receive Your Retirement Accounts?
One effective way of avoiding probate is to make use of financial accounts that have a ‘pay-on-death’ feature. This feature, if used properly, allows you to avoid probate and distribute your assets directly to your heirs or loved ones as you designate. Upon your death, the beneficiary simply presents a death certificate to the financial institution and the assets can be paid directly to the beneficiary without having to incur the costs, or experience the delays, of probate administration. But when using these convenient devices, there is always one thing you must keep in mind:
Do you know who your beneficiaries are?
In one case, a son reviewed his late father’s affairs only to discover that his father had only one substantial asset: an IRA account. When reviewing the IRA account, the son discovered for the first time that he was not named as the beneficiary. Who had his father named as his beneficiary? The father’s ex-girlfriend. Worse yet, it was an ex-girlfriend the father had not seen, or had any contact with, for approximately 15 years. It was unlikely that his father wanted to leave this money to his ex-girlfriend and exclude his son but by failing to review his beneficiary designations, this is exactly what happened.
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Do you know who your beneficiaries are?
In one case, a son reviewed his late father’s affairs only to discover that his father had only one substantial asset: an IRA account. When reviewing the IRA account, the son discovered for the first time that he was not named as the beneficiary. Who had his father named as his beneficiary? The father’s ex-girlfriend. Worse yet, it was an ex-girlfriend the father had not seen, or had any contact with, for approximately 15 years. It was unlikely that his father wanted to leave this money to his ex-girlfriend and exclude his son but by failing to review his beneficiary designations, this is exactly what happened.
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Even When Done Correctly, Managing Finances During Incompetency Can be Challenging
A durable power-of-attorney is designed to allow someone to manage aspects of your life in the event you become incapacitated. For instance, imagine a situation where you had a stroke and could no longer communicate. Who would pay your bills? Who would deal with your insurance? What if you needed to access your IRA account to pay for in-home care? These are the problems that a durable power-of-attorney is designed to address. A power-of-attorney designates an agent (or attorney-in-fact) to make these decisions and manage your life during incapacity. Two recent articles published in the Los Angeles Times, however, illustrate the occasional challenges with powers-of-attorney facing even those who thought they planned properly.
The first article discussed the challenges faced by one couple who, after hiring an attorney to prepare a durable power-of-attorney, presented the document to Boston-based Fidelity Investments, where the couple held their retirement accounts. Despite the fact that the power-of-attorney had been prepared by an attorney, Fidelity initially advised the couple that their retirement plan didn’t have “a power-of-attorney provision.” In other words, Fidelity would not honor the power-of-attorney. Fortunately, Fidelity is reviewing its policy and anticipates being able to accept permanent versions of powers-of-attorney in the next few months.
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The first article discussed the challenges faced by one couple who, after hiring an attorney to prepare a durable power-of-attorney, presented the document to Boston-based Fidelity Investments, where the couple held their retirement accounts. Despite the fact that the power-of-attorney had been prepared by an attorney, Fidelity initially advised the couple that their retirement plan didn’t have “a power-of-attorney provision.” In other words, Fidelity would not honor the power-of-attorney. Fortunately, Fidelity is reviewing its policy and anticipates being able to accept permanent versions of powers-of-attorney in the next few months.
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New Legislation Seeks to Protect Elders from Pseudo Professional Designations
One challenge facing most consumers is finding trustworthy professionals to help manage their retirement finances. In the last few years, dozens of professional designations have been created, some of which purport to offer special expertise designed specifically for seniors. As described in a recent article, often these new designations are nothing more than a marketing device intended to give seniors a false sense of security.
One such example was the designation “Certified Elder Planning Specialist, a designation that was awarded after completing approximately 100 hours through a self-study course provided by the Institute of Elder Planning. In September 2002, the Massachusetts Securities Division filed a complaint against the Institute’s founder alleging, among other things, that the respondents created “specious titles such as ‘Certified Elder Planning Specialists’ to mislead the elderly and disguise the fact that the associates were insurance salesman.” According to Massachusetts securities officials, the organization has closed its doors and the designation is not long in use. Unfortunately, these kind of deceptive practices negatively impact the entire investment advisory industry.
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One such example was the designation “Certified Elder Planning Specialist, a designation that was awarded after completing approximately 100 hours through a self-study course provided by the Institute of Elder Planning. In September 2002, the Massachusetts Securities Division filed a complaint against the Institute’s founder alleging, among other things, that the respondents created “specious titles such as ‘Certified Elder Planning Specialists’ to mislead the elderly and disguise the fact that the associates were insurance salesman.” According to Massachusetts securities officials, the organization has closed its doors and the designation is not long in use. Unfortunately, these kind of deceptive practices negatively impact the entire investment advisory industry.
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The Importance of Minimizing Surprises
One of the most critical documents in any estate plan is a health care directive or durable power of attorney. A durable power of attorney allows for the orderly management of your health care when you are unable to speak for yourself. Have you prepared a living will, health care directive or durable power of attorney for medical care?
If you have prepared one or more of these documents, the next issue is: have you shared this document with your loved ones? Do your loved ones know who is empowered to make decisions about your care if you can’t speak for yourself? Do your loved ones have copies of these documents? Do your love ones know where to find these documents?
Experts tell us that some of the most stressful events in life include death of a spouse, death of a close family member and a family member suffering from a major illness. This recent Wall Street Journal article illustrates the importance of being open with your loved ones about your end-of-life decisions. The last thing you want during this critical time is for your family members to fight with each other, or your doctors, when the focus should be caring for you during your time of need.
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If you have prepared one or more of these documents, the next issue is: have you shared this document with your loved ones? Do your loved ones know who is empowered to make decisions about your care if you can’t speak for yourself? Do your loved ones have copies of these documents? Do your love ones know where to find these documents?
Experts tell us that some of the most stressful events in life include death of a spouse, death of a close family member and a family member suffering from a major illness. This recent Wall Street Journal article illustrates the importance of being open with your loved ones about your end-of-life decisions. The last thing you want during this critical time is for your family members to fight with each other, or your doctors, when the focus should be caring for you during your time of need.
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Financial Elder Abuse Occurs Even in Famous Families.
A recent story illustrates that financial elder abuse impacts a wide spectrum of the population and frequently occurs even within the best families. According to this article, Chase Caro has admitted that he stole $310,000 from his grandparents. Chase Caro ended up liquidating three CD’s without their permission, set up a joint trust fund in his name and theirs, and then began to withdraw money for his personal use. Chase Caro is the son of one of my favorite authors, Pulitzer-prize winning biographer Robert Caro.
Chase Caro pleaded guilty to Grand Larceny and has been sentenced to 2.5 - 7.5 years in prison. Chase Caro had previously pleaded guilty to stealing $470,000 from another client, who was also elderly (and trusting). Caro has agreed to pay restitution of 1.1 million dollars which also includes funds from a third theft. An attorney, Chase Caro was also recently disbarred.
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Chase Caro pleaded guilty to Grand Larceny and has been sentenced to 2.5 - 7.5 years in prison. Chase Caro had previously pleaded guilty to stealing $470,000 from another client, who was also elderly (and trusting). Caro has agreed to pay restitution of 1.1 million dollars which also includes funds from a third theft. An attorney, Chase Caro was also recently disbarred.
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