[Senate Hearing 108-445]
[From the U.S. Government Publishing Office]
S. Hrg. 108-445
ELDER ABUSE, NEGLECT, AND EXPLOITATION: ARE WE DOING ENOUGH?
=======================================================================
HEARING
before the
SUBCOMMITTEE ON CRIME, CORRECTIONS AND VICTIMS' RIGHTS
of the
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
ONE HUNDRED EIGHTH CONGRESS
FIRST SESSION
__________
SEPTEMBER 24, 2003
__________
Serial No. J-108-43
__________
Printed for the use of the Committee on the Judiciary
U.S. GOVERNMENT PRINTING OFFICE
93-251 WASHINGTON : 2004
_____________________________________________________________________
For sale by the Superintendent of Documents, U.S. Government Printing
Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800
Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001
COMMITTEE ON THE JUDICIARY
ORRIN G. HATCH, Utah, Chairman
CHARLES E. GRASSLEY, Iowa PATRICK J. LEAHY, Vermont
ARLEN SPECTER, Pennsylvania EDWARD M. KENNEDY, Massachusetts
JON KYL, Arizona JOSEPH R. BIDEN, Jr., Delaware
MIKE DeWINE, Ohio HERBERT KOHL, Wisconsin
JEFF SESSIONS, Alabama DIANNE FEINSTEIN, California
LINDSEY O. GRAHAM, South Carolina RUSSELL D. FEINGOLD, Wisconsin
LARRY E. CRAIG, Idaho CHARLES E. SCHUMER, New York
SAXBY CHAMBLISS, Georgia RICHARD J. DURBIN, Illinois
JOHN CORNYN, Texas JOHN EDWARDS, North Carolina
Bruce Artim, Chief Counsel and Staff Director
Bruce A. Cohen, Democratic Chief Counsel and Staff Director
------
Subcommittee on Crime, Corrections and Victims' Rights
LINDSEY O. GRAHAM, South Carolina, Chairman
ORRIN G. HATCH, Utah JOSEPH R. BIDEN, Jr., Delaware
CHARLES E. GRASSLEY, Iowa HERBERT KOHL, Wisconsin
JEFF SESSIONS, Alabama DIANNE FEINSTEIN, California
LARRY E. CRAIG, Idaho RICHARD J. DURBIN, Illinois
JOHN CORNYN, Texas JOHN EDWARDS, North Carolina
James Galyean, Majority Chief Counsel
Neil MacBride, Democratic Chief Counsel
C O N T E N T S
----------
STATEMENTS OF COMMITTEE MEMBERS
Page
Biden, Hon. Joseph R., a U.S. Senator from the State of Delaware,
prepared statement............................................. 28
Craig, Hon. Larry E., a U.S. Senator from the State of Idaho,
prepared statement............................................. 43
Graham, Hon. Lindsey O., a U.S. Senator from the State of South
Carolina....................................................... 1
prepared statement........................................... 45
Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa,
prepared statement............................................. 47
Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah,
prepared statement............................................. 51
Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont,
prepared statement............................................. 64
WITNESSES
Chiles, Christopher D., Prosecuting Attorney, Cabell County, West
Virginia, and Vice President, National District Attorneys
Association, Alexandria, Virginia.............................. 10
Holbrook, Douglas C., Member, Board of Directors, American
Association of Retired Persons, Washington, D.C................ 14
Huse James G., Inspector General, Social Security Administration,
Washington, D.C................................................ 5
Mihalko, Daniel L., Inspector in Charge, Congressional and Public
Affairs, Postal Inspection Service, Washington, D.C............ 2
Stiegel, Lori A., Associate Staff Director, Commission on Law and
Aging, American Bar Association, Washington, D.C............... 16
Wright, James A., National Sheriffs' Association, Alexandria,
Virginia....................................................... 12
QUESTION AND ANSWER
Response of Mr. Huse to a question submitted by Senator Craig.... 23
SUBMISSIONS FOR THE RECORD
Breaux, Hon. John, a U.S. Senator from the State of Louisiana,
prepared statement............................................. 30
Chiles, Christopher D., Prosecuting Attorney, Cabell County, West
Virginia, and Vice President, National District Attorneys
Association, Alexandria, Virginia, prepared statement.......... 34
Holbrook, Douglas C., Member, Board of Directors, American
Association of Retired Persons, Washington, D.C., prepared
statement...................................................... 53
Huse James G., Inspector General, Social Security Administration,
Washington, D.C., prepared statement........................... 61
Mihalko, Daniel L., Inspector in Charge, Congressional and Public
Affairs, Postal Inspection Service, Washington, D.C., prepared
statement...................................................... 66
Stiegel, Lori A., Associate Staff Director, Commission on Law and
Aging, American Bar Association, Washington, D.C., prepared
statement...................................................... 78
Wright, James A., National Sheriffs' Association, Alexandria,
Virginia....................................................... 89
ELDER ABUSE, NEGLECT, AND EXPLOITATION: ARE WE DOING ENOUGH?
----------
WEDNESDAY, SEPTEMBER 24, 2003
United States Senate,
Subcommittee on Crime, Corrections and Victims Rights,
Committee on the Judiciary,
Washington, DC.
The Subcommittee met, pursuant to notice, at 2:32 p.m., in
room SD-226, Dirksen Senate Office Building, Hon. Lindsey
Graham, Chairman of the Subcommittee, presiding.
Present: Senator Graham.
Chairman Graham. Thank you all for coming. This is a very
important subject very near and dear to my heart, and I think
most Americans. We have distinguished panels today and I look
forward very much to hearing from you, but we have some
housecleaning to take care of.
Is it Mr. Mihalko?
Mr. Mihalko. Mihalko, right.
Chairman Graham. And Mr. Huse, is that right?
Mr. Huse. Yes.
Chairman Graham. Would you please stand? I am going to have
to swear you in. Raise your right hands, please.
Do you solemnly swear the testimony you are about to give
is the truth, the whole truth and nothing but the truth, so
help you God?
Mr. Mihalko. I do.
Mr. Huse. Yes, I do.
Chairman Graham. Take a seat. Again, I do appreciate both
of you coming and look forward to hearing your testimony and
having a little interaction with you.
I have got a statement here from Senator Biden that I would
like to make part of the record, and Senator Breaux and Senator
Hatch. Senators Breaux and Hatch have been working on
protection for our senior citizens for a long time. I want to
recognize Senator Biden's interest and support.
OPENING STATEMENT OF HON. LINDSEY GRAHAM, A U.S. SENATOR FROM
THE STATE OF SOUTH CAROLINA
Chairman Graham. A little bit about why I wanted to hold
the hearing. In a previous life, before politics--it seems to
me the more I am in it, the more I miss it, but in a previous
life I was a lawyer and I had a chance to work several groups
that were representing abused children in our family court
system in South Carolina. Through that association, I found
myself getting more and more involved in cases where our senior
citizens were being abused financially, physically, and
otherwise.
I don't think most Americans realize how much of a network
exists out there in the private sector trying to prey off the
fears and concerns of senior citizens. We have criminal laws at
the State and Federal levels to deal with that, but I don't
think there has been enough attention and enough effort in
combatting this growing problem.
The reason for this hearing today is to get input from
people on the panels and others to make sure we are on the
right track, and if we can do more, we should do more. That is
the purpose of the hearing, and I think there will be a lot of
bipartisan support for any recommendations you have to make our
world better for seniors. And for those who try to make a
living exploiting seniors, there is not enough bad things we
can do to them, in my opinion. So that is why we are all here
today.
With that little speech over, I would like to have Mr.
Mihalko start off and make a statement to the Subcommittee, if
you would like.
STATEMENT OF DANIEL L. MIHALKO, INSPECTOR IN CHARGE,
CONGRESSIONAL AND PUBLIC AFFAIRS, U.S. POSTAL INSPECTION
SERVICE, WASHINGTON, D.C.
Mr. Mihalko. Thank you, Mr. Chairman, and I appreciate you
holding this hearing on this very important issue of crimes
against the elderly and giving us the opportunity to talk about
the role of the United States Postal Inspection Service in
combatting these crimes.
There are countless illegal schemes that violate the
Nation's first consumer protection law, the mail fraud statute.
Back in 1872, it was enacted and it is still the most effective
fraud enforcement weapon, and postal inspectors have been using
it for over 100 years. Last year, we responded to over 84,000
mail fraud complaints and we handed over 3,000 fraud cases,
arresting 1,600 mail fraud operators. As a result of these
investigations, there was over $2 billion in court-ordered and
voluntary restitution, and this is only a portion of the
financial impact on the victims, many of them senior citizens.
Over the years, postal inspectors have used the mail fraud
statute to investigate and prosecute all types of scams. With
the advent of the telephone, of course, came telemarketing
scams, and the Internet brought its own offerings. With these
new communications vehicles, we have seen new twists on some
old scams, but to us it is basically old wine in new bottles.
Eventually, as part of the scheme, the mail is used, and when
the mail is used, postal inspectors get involved.
The elderly often become victims of mail fraud schemes
because older citizens, the physically-challenged, the shut-
ins, rely on the mail to receive many of their purchases and
they become easy prey for mail fraud operators. The problem is
compounded when operators sell names and addresses of their
victims to other criminal elements, resulting in the repeated
victimization of many elderly.
The same holds true for telemarketers. Many offers are
legitimate, but unscrupulous telemarketers can be the smoothest
of operators, successfully defrauding people out of their life
savings. Losses attributed to telemarketing fraud are estimated
to exceed $40 billion a year.
Senior citizens are particularly vulnerable. Fraudsters
recognize that many seniors are widowed and feel isolated. A
telephone call from anyone is greeted with open arms.
Experienced con artists know the buttons to push when they have
a senior on the telephone.
Because seniors are so vulnerable to these scams, postal
inspectors have placed a high priority on investigating these
fraud cases where seniors are victims. We have put together a
video for the Subcommittee, and in this video victims and
caretakers tell how this victimization happened to them. The
last segment of this very short video shows the effectiveness
of one of our crime prevention campaigns, where we were able to
stop a senior from being victimized by sending $2,200 in a
cross-border fraud initiative.
Mr. Chairman, I would like to play that video for you.
Chairman Graham. Please.
[Videotape shown.]
Mr. Mihalko. Mr. Chairman, we see these types of
investigations, these types of cases, and these victim stories
everyday. In the video, you saw some of the items that
telemarketers sent to victims through the mail. In searches of
telemarketers' places of business, we have discovered that the
files they maintain on their victims contain intimate details
of the victims' health, names of their children, vacation and
travel memories, and even information on deceased spouses.
Telemarketers, in particular, use this personal information
when they call the victims. They will mention family names,
inquire about someone's health, and they will very effectively
portray themselves as being caring and knowledgeable. For the
victims, these telephone calls may be their only regular
contact with other people. Victims often even defend the fraud
operators in the continued belief that they are friends who are
trying to help them win a sweepstakes or manage investments.
Some victims will even knowledge that the fraud operator is
taking advantage of them, but explain that no one else has
showed any interest in them.
One particular technique used by mail fraud operators is to
target those who are ill or in the early stages of dementia. We
call it ``the check is in the mail'' type of a scheme. A
telemarketer will call a senior posing as a representative of a
local business or hospital and asked if they have paid their
bill. Since a senior's memory may be poor, the victim often
thinks they have forgotten about this bill and will promptly
write a check and put it in the mail. Telemarketers know that
seniors have large savings and retirement funds that they can
draw on.
Another scheme is the ``you have won'' scheme. It targets
elderly victims who have previously participated in lotteries,
sweepstakes, and other prize-winning opportunities. Fraudsters
inform these seniors that they have won. However, some type of
fee must be paid before the prize or check can be mailed. The
victim receives nothing. The only one who wins is the scam
artist.
One of the most notorious scams against seniors is what is
known as the reload. When fraud operators are successful in
obtaining money from a victim, they often make an attempt to
gain even more money. This is the reload. In a typical reload,
the fraud operator contacts the victim again and alters the
original scam or even presents a new scam.
Sweepstakes winners may be told that their prize has been
increased, but that additional fees are necessary to claim the
new prize. Victims in fraudulent investment schemes may be
convinced to invest more money or to convert their investment
to another market product, like you saw in the video where the
lady went from silver to gold. Usually, what they are getting
is worth less than what they ordered in the first place.
Fraudulent telemarketers network with each other; they sell
lists of targets to each other. If a telemarketer knows a
particular senior has fallen victim to a scam, they will call
the senior, posing as either an attorney or a law enforcement
official, and advise that they have arrested the con artist and
seized their money. The money is either in a State fund or
being held by the courts, according to this person. Scam
artists will then request another fee to release the funds to
the victim, and in doing so steal from the victim once again.
The impact on seniors can be devastating on two fronts.
Many pay an emotional cost, losing not only their money, but
also their self-respect and dignity. We have interviewed
victims who claimed they couldn't remember sending anything to
the operators or, out of embarrassment, minimize the level of
victimization they experienced.
Criminal prosecution is an important element in our fraud
program, but it is not the only tool. We work hard to protect
consumers by educating them about current fraud schemes so they
don't become victims. I would like to finish up by telling you
about a couple of different prevention programs that we have
done.
In 1999, we sent this postcard to every household in the
country, over 123 million addresses, under Project know Fraud.
The card contained telemarketing fraud prevention tips, a Web
address, and a toll-free number to call for additional
information or to report a fraud. It was the largest fraud
prevention campaign ever attempted.
National Fraud Against Senior Citizens Awareness Week was
kicked off last August by postal inspectors. ``Don't let one
phone call take it away'' fraud awareness posters, as you see
over here on the easel, were posted at all 38,000 post offices
around the country. We took out ads in major metropolitan
newspapers. PSAs featuring Betty White were broadcast on
television and radio, and fraud awareness flyers were mailed to
roughly 3 million households of seniors and their families. The
campaign brought immediate success, as you saw in the last clip
on the video.
I think what is particularly important is the message; it
was very compelling and on-target to our seniors. I am not sure
if you can read it on the poster, but it says ``He lived
through two world wars and fought in one. He helped raise six
children and three dogs. He saved a long time for his
retirement. Don't let one phone call take it away.''
Just last week, postal inspectors unveiled a national
consumer awareness campaign on identity theft, known as
Operation Identity Crisis. The campaign focuses on the ease
with which identity theft occurs unless consumers take steps to
prevent it. The campaign features posters, again, in all post
office lobbies, newspaper ads, a mailing, and a PSA with Jerry
Orbach, the actor from ``Law and Order,'' who is also a victim
of identity theft.
You have all heard the saying ``crime doesn't pay,'' but in
this case it does. All of these campaigns have been paid for by
a unique funding arrangement where we use monies received from
criminal fines and forfeitures in cases where victims could not
be identified. It will be paying for Postal Inspection Service
PSAs, crime prevention videos, and brochures like these that we
put out on a regular basis.
Our mission is clear, to protect Postal Service employees
and customers from criminal attack, and to protect the Nation's
mail system from criminal misuse. We take this mission
seriously. We will continue to protect seniors from scam
artists and ensure that the American public continues to have
confidence in the U.S. mail.
Thank you.
[The prepared statement of Mr. Mihalko appears as a
submission for the record.]
Chairman Graham. Well done. Thank you very much.
Mr. Huse.
STATEMENT OF JAMES G. HUSE, JR., INSPECTOR GENERAL, SOCIAL
SECURITY ADMINISTRATION, WASHINGTON, D.C.
Mr. Huse. Good afternoon, Mr. Chairman. Thank you for the
opportunity to discuss with you today some of the scams
perpetrated against the Nation's seniors and some of the
actions my office has undertaken to detect them or prevent them
from occurring in the first place.
For over 60 years, the words ``Social Security'' have held
special meaning for elderly Americans. So when mail arrives at
their doorstep with the official Social Security seal or
references to Social Security, many seniors respond
reflexively.
Today, I will describe some of the investigations we have
conducted into organizations and individuals that misuse the
Social Security Administration's name and exploit the special
bond between SSA and its beneficiaries. These cases represent
one of our highest investigative priorities, and I would like
to describe just three significant cases that have received our
attention this past year. These cases are brought under
authority of Section 1140 of the Social Security Act, which
provides the Commissioner of Social Security with authority to
impose significant civil monetary penalties. The commissioner
delegated that authority to the inspector general in 1995.
The first case concerns an individual in Texas who was
producing mass mailers containing what are referred to as lead
cards for the insurance industry. These cards, enclosed in
mailers that advertise such products as private burial
insurance, urge seniors to fill out the card with their
personal information and return the card to the sender. We all
receive junk mail and don't hesitate to throw it out in the
trash, but when the recipient is a senior and when the outside
of the mailer contains the words ``Social Security Benefits
Update,'' as these did, most seniors will open the mailer.
These mailers are designed to elicit a belief that the
recipient by filling out the card with sensitive personal data
will receive important information about Social Security
benefits. Instead, their information is sold as an insurance
lead to a private company for purposes of soliciting the sale
of private insurance. Other untoward things can happen to that
information, too.
Working with the United States Attorney for the Northern
District of Texas, our attorneys issued a civil monetary
penalty and obtained an injunction against this individual. A
search of his business premises revealed that he was sending
out tens of thousands of these mailers each week. The court
order we obtained froze his financial accounts, allowed for the
interception and opening of his mail, and essentially shut down
his business. Shortly thereafter, a settlement was reached in
which a penalty was paid to the Social Security trust funds and
the individual's business was closed permanently.
The second case occurred in San Antonio, where another
individual was running a company that sent similar lead cards
to seniors. The San Antonio mailers depicted the company's
logo, a stylized image of the United States Capitol, and were
otherwise designed to resemble official Government documents.
On the back of many of the mailers were listed the titles of a
number of official Social Security informational brochures that
the company offered free of charge.
While the company alleged that this was a public service,
it was, in fact, a rouse intended to mislead seniors into
thinking that they were giving their personal information to
Social Security, not to a private lead card company. A civil
monetary penalty was imposed and has since been upheld by the
departmental appeals board of Health and Human Services, and
also by the Commissioner of Social Security.
Most recently, our imposition of a penalty in excess of
$500,000 against a national political organization was upheld
by an administrative law judge. The organization's political
mailers were contained in envelopes bordered in red and white
stripes with the words ``Social Security Alert'' repeated 36
times and the words ``Urgent-Social Security Information
Enclosed'' in permanent bold typeface.
The organization took the position that they did not intend
to mislead seniors into believing that the mailers originated
with the SSA, and further alleged that the mailers would not
have a misleading effect. The administrative law judge
disagreed, upholding the imposition of the $500,000 penalty.
Our efforts in this area extend back to 1995, and the
reduction in complaints from seniors is a testament to our
success in this area. In our criminal investigative work, we
consistently find examples of senior citizens being victimized
by unscrupulous identity fraudsters and the like. We will
continue to do everything in our power to protect seniors from
being victims of these types of scams and those who would
misuse their identity and Social Security benefits.
Thank you, sir, and I would be willing to answer any
questions.
[The prepared statement of Mr. Huse appears as a submission
for the record.]
Chairman Graham. Thank you both.
Inspector Mihalko, you talked about the budget in terms of
informing people about what to watch for. What is the budget? I
mean, how much money do you spend each year doing the ads and
the mailers?
Mr. Mihalko. One of the unique things about this consumer
fraud fund is by way of a fraud case that we worked out in the
Midwest last year, the judge earmarked $15 million to come to
the Postal Inspection Service just to work and use on fraud
prevention campaigns. So right now, we are starting off with
$15 million just in this fund. These campaigns are being paid
for out of this fund. We are working on some consumer
protection-type videos. We have hired a production company to
do these types of things.
So we have $15 million. That doesn't include what we may
get out of cases that we are working right now, some different
fines in different mail fraud cases, and the forfeitures where
we can't really get the money back and make restitution to
individual victims for whatever reason it may be. So we do have
quite a bit of money in this fund to go out and do these
prevention campaigns, and we feel these prevention campaigns
are very critical for this type of crime.
Chairman Graham. I totally agree with you. Do you think you
have enough money in place and enough money coming to do the
job in the near future?
Mr. Mihalko. I think we do, for the near future, yes. With
this consumer fraud fund funding these programs, we have a lot
of good ideas that we want to get forward. We have a lot of
partners in some of these programs that we are putting forth.
Again, I think this type of crime really lends itself to
consumer protection and crime prevention. Fraud is unlike
crimes of violence. If somebody comes up to you and points a
gun at you and says, I want your money, you don't have much
choice in that matter; you are going to give them your money.
You can't say to them, let me think about this, let me get back
to you tomorrow, let me check you out, whereas with fraud you
can do that.
If the solicitation comes in through the mail, you have an
opportunity to read it in the comfort of your home. You can
look at it, you can make decisions. You can contact us, the
Better Business Bureau, any other agencies to check out the
company. The same way with the phone call that comes through
from a telemarketer; you have a choice, you decide whether or
not you want to become a victim or be a part of this crime.
You can hang up the phone. You can tell the telemarketer,
let me call you back, let me check you out, let me check your
business records out with the Better Business Bureau, let me
check with the postal inspectors, the FTC. You can ask a lot of
questions before you get involved in these types of crimes. So
we feel that the use of monies to come up with these prevention
programs is very effective.
Chairman Graham. I totally agree.
If someone mails the material from overseas, what happens?
Mr. Mihalko. Well, that gets to be a little trickier. The
mail fraud statute is very effective for domestic crimes. It
doesn't give us the reach to go overseas.
Chairman Graham. Is that a problem?
Mr. Mihalko. It is somewhat of a problem. We are in such a
global economy now and these fraudsters really don't have any
boundaries. You have the telemarketers who, all they need is a
telephone and they can be anywhere calling our seniors in this
country and victimizing them. The same way with the Internet.
So it does present somewhat of a problem because we are not
able to really go after these folks. We rely on law enforcement
agencies in the foreign countries to help us out. But what is
even worse is we are not able to use any of the forfeiture laws
in this country to try to get those assets that they steal from
our people.
Chairman Graham. Is there any way you can think of to
change that? Are there any ideas that you have?
Mr. Mihalko. One of the things that is of great interest to
the foreign governments is money laundering. Some of the
countries don't have mail fraud statutes, per se, but money
laundering is kind of a hot button with them and if we can tie
in some of these parts of a mail fraud scam--for example, if a
senior in this country--like you saw in the video, the lady was
going to mail a $2,200 check to a Canadian telemarketer. If we
can use that particular mailing to make that part of the money
laundering charge, I think we would very much get the attention
of the foreign governments to assist us in trying to take the
assets away from these folks that are scamming our people.
Chairman Graham. Is there any particular country where the
problem is worse compared to other countries?
Mr. Mihalko. I don't know if there is one particular
country, although we do see a lot of telemarketers coming from
Canada and we are working very closely with the Canadian
authorities. We have established through the Department of
Justice a cross-border fraud initiative, or with the Royal
Canadian Mounted Police, and we have been effective there.
But once again, if the money goes from our citizens to
Canada and then it gets shipped overseas to a European account,
laundered through the Caymans, and then even back into the
United States, we don't have the reach to go after those
assets.
Chairman Graham. Well, is there any particular wish list
that you would like to give me today about what we could do to
better enhance your success rate?
Mr. Mihalko. I think that might be something we would be
willing to work with the staff on and try to figure out how
we--
Chairman Graham. You put it together and we will try to
punch as many holes in it as we can. So my offer stands, and I
appreciate what the Postal Service is doing. It must be very
satisfying work, I would think, to get your hands on some of
these people.
Mr. Mihalko. Yes, it is. Thank you.
Chairman Graham. Mr. Huse, you talked about three cases
that really struck me as a bad thing to do to someone, because
people live in fear of that Social Security check being
manipulated or changed and that is their livelihood. Every case
was resolved in some civil matter. Why not criminal action?
Mr. Huse. In each of those instances, Mr. Chairman, we look
at the criminal potential in those cases, too, but a lot of
times these don't violate criminal statutes. We work closely
with the United States Attorneys' offices in each of those
jurisdictions to get to where we would impose our civil money
penalty.
Chairman Graham. So it is not a crime to try to manufacture
what would appear to be a Government document to mislead
somebody?
Mr. Huse. Well, it is something in similitude to a
Government document. And the answer is, no, it is not a crime,
but it is something that we can sanction from an administrative
perspective.
Chairman Graham. Is there any effort to make it a crime?
Mr. Huse. That, I think, has been something that has been
in potential for some time, but the problem you push up
against, of course, is the First Amendment issues that are
always an aspect of us trying to find criminal remedies against
some of these practices. And these are only a sample of what we
deal with everyday.
Chairman Graham. Well, I would be very interested in
working with your staff to see if we can take it to the next
level.
Mr. Huse. We would be delighted to work with you on that.
Chairman Graham. The more pain, the less people are likely
to do this.
Inspector, is the punishment scheme satisfactory from your
point of view to deter this once you catch somebody?
Mr. Mihalko. Yes, the mail fraud statute is pretty
effective. It is a 5-year charge, up to 5 years in prison for
each mail fraud count, and up to $250,000 in fines. So it is a
great statute. It is over 100 years old. It has been tweaked
just a little bit, but we find it to be extremely effective.
Chairman Graham. Does it apply to telemarketing?
Mr. Mihalko. Well, there is mail fraud and wire fraud.
Chairman Graham. The mail follows the conversation, yes.
Mr. Mihalko. Almost every one of these telemarketers
involves the use of the mail at some point.
Chairman Graham. What if someone was called on the phone
and they just made a wire transfer of money? Would you have a
problem there?
Mr. Mihalko. We still work those types of cases, yes. If we
get the complaint, we are going to follow through.
Chairman Graham. Well, Mr. Huse, what would your wish list
be? If you need some time to make it up, the offer stands for
you, also.
Mr. Huse. Well, Mr. Chairman, the title of this hearing,
``Crimes Against the Elderly,'' really kind of embraces what we
do for a living at the Social Security OIG. With the client
base that we have of those American citizens who receive Social
Security benefits, many of them are elderly. So it is not just
limited to these kinds of schemes. We have those elderly
beneficiaries who are in nursing home care facilities that are
covered by representative payees who also are subject to our
scrutiny and focus and are defrauded sometimes by those, and we
have testified before Congress on those issues. And then the
Social Security number itself, its integrity, is our prime
responsibility, and that is the keystone to identity fraud in
this country, since it is our ad hoc national identifier.
So I do have a wish list, to get to the point. Presently,
in this Congress, there are two bills that originated with the
Social Security Subcommittee in the House. H.R. 743 has
provisions in it that would strengthen some of the civil money
remedies we have. And also in the identity fraud area the
Social Security Protection Act, and that might be a general
title, but H.R. 2971, when it comes to the Senate, definitely
is something that would help us.
Chairman Graham. Well, we will keep our eyes and ears open
for that, but my offer stands about trying to take some of
these civil aspects and make them criminal, if that is at all
possible.
Mr. Huse. We welcome that. We will work with you closely on
that.
Chairman Graham. No pun intended, pushing the envelope
here, okay?
Well, thank you both very much for your testimony.
Mr. Huse. Thank you, Senator.
Mr. Mihalko. Thank you.
Chairman Graham. Thank you very much.
I have for the record statements from Senators Grassley and
Leahy that we will introduce, and appreciate their concern.
Well, thank you all. One administrative matter. I hate to
get you right back up, but if you will stand just for a second,
I will swear you in, if you don't mind. Raise your right hands.
Do you solemnly swear that the testimony you are about to
give is the truth, the whole truth and nothing but the truth,
so help you God?
Mr. Chiles. I do.
Mr. Wright. I do.
Mr. Holbrook. I do.
Ms. Stiegel. I do.
Chairman Graham. If you could quickly introduce yourselves
for the record for me to get to know you better, then we will
start taking testimony from my left to the right.
Mr. Chiles. Senator, I am Chris Chiles. I am the
prosecuting attorney from Cabell County, West Virginia, here on
behalf of the National District Attorneys Association.
Mr. Wright. I am Jim Wright, representing the National
Sheriffs' Association, and I run the Triad program there.
Chairman Graham. Thank you, sir.
Mr. Holbrook. Senator Graham, I am Doug Holbrook, a member
of the board of directors of AARP.
Chairman Graham. Thank you, sir.
Ms. Stiegel. Senator, I am Lori Stiegel, from the American
Bar Association.
Chairman Graham. Thank you all. Thank you very much for
coming. We look forward to hearing from you.
Mr. Chiles, would you like to start?
STATEMENT OF HON. CHRISTOPHER D. CHILES, PROSECUTING ATTORNEY,
CABELL COUNTY, WEST VIRGINIA, AND VICE PRESIDENT, NATIONAL
DISTRICT ATTORNEYS ASSOCIATION, ALEXANDRIA, VIRGINIA
Mr. Chiles. Thank you, Senator. As I said, my name is Chris
Chiles and I am the elected prosecuting attorney in Cabell
County, West Virginia. I am honored to serve as Vice President
of the National District Attorneys Association, and I want to
thank you on behalf of the NDAA for the opportunity to present
our concerns on elder abuse, neglect, and financial
exploitation.
To place my remarks in context, let me briefly tell you
about my jurisdiction. Cabell County has a population of almost
100,000 people, with some 16 percent being over the age of 65
years. I currently supervise a staff of 8 full-time and 2 part-
time assistant prosecuting attorneys. Annually, my office
prosecutes several hundred felony cases, almost 7,000
misdemeanor cases, and over 800 juvenile cases.
Before I begin my remarks, Senator, I would ask that my
complete testimony be included in the record, and I would also
request that the National District Attorneys Association's
policy entitled ``Policy Positions on Elder Abuse, Neglect, and
Financial Exploitation'' be included in the record.
Chairman Graham. Without objection, it will be so ordered.
Mr. Chiles. Thank you, sir.
Since 1986, the board of directors of NDAA has been
concerned about elder abuse. In that year, they adopted a
resolution on elder abuse, stating that vast numbers of our
country's elderly citizens have silently endured physical
trauma, financial devastation, and emotional distress because
they have been victimized by anonymous criminals, or perhaps
worse by one's trusted caretakers or family members.
Just as the criminal justice system has rightly recognized
that child abuse can be curbed by the enactment of new laws and
the use of special procedures, so too should the system be
amenable to changes on behalf of our growing elderly
population. Since then, NDAA has worked to make this resolution
a viable concept.
Now, Senator, we have just heard about the problem of
financial exploitation of the elderly. I have prosecuted many
of those types of cases and have some pending right now. It is
a serious problem, but I would like to talk to you now about
physical abuse and neglect of the elderly.
I want you to realize that it could be your father who gets
mugged when he comes out of the grocery store with a bag
groceries and is unable to defend himself. It might be your
mother, in her 80's or 90's, who is still able to live alone
and proud of the fact that she is still able to care for
herself, who has her house broken into one night and is
sexually assaulted, vaginally and anally, before being
strangled to death and not found until the next evening. I have
a case just like that which is pending right now.
Or maybe it is someone who thinks that they are still able
to care for themselves and make proper decisions about their
well-being, but really isn't, and let's someone, perhaps a
stranger or perhaps a relative with a drug problem, move in
with them to help take care of them who ends up stealing from
them or physically abusing them.
These abuses happen everyday somewhere in this country, and
not enough is being done to stop it and successfully prosecute
these predators. Elder abuse is an ever-growing problem and it
comes in many different forms. The problem is similar to that
which we faced with child abuse not that many years ago. Not so
long ago, no one wanted to believe that a family friend, a
parent, a grandparent, or a teacher would ever harm, much less
sexually abuse, a child. A child victim did not know who to
tell when it did happen, or was reluctant to tell because it
was a loved one who abused them. Or they didn't think anyone
would believe them, or they thought it was their fault that
this happened to them. It took years of educating the public
and training our prosecutors and police that unfortunately this
does happen and what has be done to stop it.
The same thing is true today with elder abuse. We as a
society do not want to believe anyone, especially a family
member or a caregiver, would harm or neglect our parents or
grandparents. Similarly, our elders are afraid to disclose
abuse or neglect for a variety of reasons. Just as we have
found it difficult to convince a jury that a parent could harm
a child, we are finding that it is equally hard to convince
them that a child could harm their father or mother.
As prosecutors, we have a lot to learn about protecting our
elderly. We need to recognize the special needs of elderly
victims and witnesses. We need to learn the specialized
forensic issues that are involved with elderly victims, and we
need to learn the trial skills that will successfully ensure
that justice is achieved for the elderly. As importantly, we
need to become leaders in our communities in protecting our
elderly and educating ourselves, but the police, EMTs, medical
personnel, and the public about elder abuse and neglect.
In closing, Senator, I would commend to your review the
Elder Justice Act, Senate bill 333, coauthored by Senator
Breaux and Chairman Hatch, and many of the members of this
Committee have joined as sponsors. The National District
Attorneys Association has gone on record as supporting this
bill for what it represents to our parents and grandparents.
We cannot as a society, and especially as those charged
with protecting all our citizens, especially our elders, allow
this abuse and neglect to continue unabated. On behalf of
America's prosecutors, I and the National District Attorneys
Association urge you to take steps to provide Federal
assistance to our efforts to fight abuse, neglect, and
exploitation of the elderly. We look forward to continuing to
work with you on addressing this growing problem.
[The prepared statement of Mr. Chiles appears as a
submission for the record.]
Chairman Graham. Thank you, Mr. Chiles.
Mr. Wright.
STATEMENT OF JAMES A. WRIGHT, NATIONAL SHERIFFS' ASSOCIATION,
ALEXANDRIA, VIRGINIA
Mr. Wright. Thank you. Good afternoon, Mr. Chairman, and
thank you for the opportunity to offer comments. I am here to
represent the National Sheriffs' Association as the Director of
Triad, a program that serves seniors all across the country.
Having spent my entire adult life in law enforcement,
retiring at the rank of captain from the Metropolitan Police
Department in Washington, D.C., I have firsthand knowledge of
the devastating effect that abuse, neglect, and exploitation
can have on the elderly.
Oftentimes, elderly victims of crime do not report their
victimization to authorities. One of the most common reasons
seniors give for not calling law enforcement is that they are
afraid of the perpetrator, who is often known to the victim. In
cases of financial exploitation, seniors cite the fact that
they do not want their adult children or caretakers to know
that they have been defrauded, primarily because the senior
fears losing his or her financial independence.
In many cases, the persons abusing or exploiting the
elderly are their own children, grandchildren, or trusted
advisers. Such victimization raises enormous uncertainties in
the minds of seniors, making them more likely not to report the
incident.
When victimized, seniors often feel there is little that
can be done to assist them, knowing that in many cases the
perpetrator is in another State, or even another country, and
may never be brought to justice. Restitution may not be likely,
but revictimization is. Prevention, then, is not the only
option, but is by far the best option.
In the late 1980's, at the beginning of the community
policing movement in America, representatives from three
national organizations came together to address the issue crime
safety for seniors. The American Association of Retired
Persons, now AARP, the International Association of Chiefs of
Police, and the National Sheriffs' Association joined together
to form Triad, and the name Triad is simply representative of
the group of three.
In its simplest terms, Triad is a concept of partnership.
Its goals were and are to reduce crimes committed against
seniors and to reduce the unwarranted fear of crime that
seniors often experience. Since Triad's inception, more than
800 counties throughout 47 States have signed Triad agreements.
After establishing the Triad agreement, a SALT council is
formed to develop and implement programs and activities. SALT
is an acronym for Seniors and Law Enforcement Together, and it
is made up of community representatives. Since being founded 15
years ago, the number of partners has increased dramatically. A
local Triad in the year 2003 is far more inclusive than ever
before, and now a Triad is likely to include representatives
from sheriffs' offices and police departments, Federal law
enforcement, fire departments, EMS, the faith community, senior
volunteers organizations such as AARP and RSVP, State and
county prosecutors, district attorneys, State attorneys
general, area agencies on aging, adult protection, social
services, hospitals. Even banking institutions participate in
Triad.
Programs fit local needs, and one example is an RUOK
program where shut-in seniors or seniors with limited mobility
are contacted each day by other volunteers simply to ascertain
if they are okay. Another program, Senior Visitation, has
deputies and officers periodically visiting seniors in their
homes just to spend some time and to chat with the seniors.
Some other Triad programs are senior education, senior fares,
senior lectures on fraud, financial abuse, and other crimes.
Triad is one way for law enforcement personnel to be in
frequent contact with the elderly. The value of this
interaction between law enforcement and seniors cannot be
overstated. Such contact opens communication and allows trained
law enforcement personnel to recognize patterns and trends, and
to witness situations where seniors are being victimized or are
potential victims.
An important benefit is that when law enforcement officers
observe these situations, they can intervene and either prevent
a crime or initiate an investigation. This, in turn, removes
the weight of having to decide whether or not to file a report
from the senior. Such communication works the other way as
well, in that it gives seniors the opportunity to pass along
important information to the police about potential suspicious
activity, such as terrorism or drug- or gang-related activities
that are in their neighborhood.
So it seems to me, Mr. Chairman, that the question is not
only whether or not we are doing enough to protect our Nation's
elderly, but also whether those things we are doing are
effective. Triad, like Neighborhood Watch, is there for the
asking. These programs can be replicated in communities all
across the country or can be modified to fit individual
community needs.
Triad programs help ensure that law enforcement, criminal
justice professionals, and volunteers coalesce their energy so
as to reduce crime against the elderly. Senators Rod Grams and
Evan Bayh sponsored legislation that passed Congress
unanimously authorizing Federal funding for the Triad program,
and while it has been funded in fiscal year 2003, it does not
appear that it will be funded in fiscal year 2004. The National
Sheriffs' Association and those of us committed to Triad will
continue to work to increase the number of communities
utilizing this grass-roots community-oriented program.
I sincerely thank the Committee for the opportunity to
offer comments and for its willingness to address this
important issue. I would be pleased to respond to any
questions.
Chairman Graham. Mr. Wright, thank you for coming. I
understand that you gave up an annual meeting trip to Minnesota
to be here. Is that correct?
Mr. Wright. Yes, sir.
Chairman Graham. Well, thank you for doing that. It has
been very helpful. Before going to the next witness, what was
the budget last year for Triad?
Mr. Wright. One million dollars.
Chairman Graham. And it is not in this year's
appropriation?
Mr. Wright. No, sir, not yet.
[The prepared statement of Mr. Wright appears as a
submission for the record.]
Chairman Graham. Mr. Holbrook.
STATEMENT OF DOUGLAS C. HOLBROOK, MEMBER, BOARD OF DIRECTORS,
AMERICAN ASSOCIATION OF RETIRED PERSONS, WASHINGTON, D.C.
Mr. Holbrook. Thank you, Mr. Chairman, and good afternoon
again. I am Doug Holbrook, a member of the AARP board of
directors. On behalf of AARP, I want to thank the Crime
Subcommittee for convening this hearing to assess the Nation's
effort to combat elder abuse, neglect, and exploitation.
At this time, I would like to request also that our
complete testimony be included in the record.
Chairman Graham. Without objection.
Mr. Holbrook. State and national attention to elder abuse
concerns is strongly supported by AARP members and older
Americans generally. Our members tell us that protecting
themselves and their loved ones from abuse and fraud is one of
their major concerns.
The risk of harm is real, and that risk is growing with the
dramatic increase in the number of people living into advanced
old age. Engaging all sectors of society in the fight against
abuse, neglect, and exploitation is essential. Elder abuse is a
hidden problem. Only the most visible and recurring cases get
reported. Like an iceberg, the bulk of the problem remains
hidden from view.
Despite underreporting, there has been a very substantial
increase in the number of official reports of domestic elder
abuse. Between 1986 and 1996, the number of reports rose from
117,000 to 293,000, an increase of 150 percent. The number is
expected to continue to rise in the future.
Developing the support services and enforcement network to
meet the needs of a large number of potentially vulnerable
persons poses a significant challenge. Current laws addressing
elder abuse and our system of protective services are far from
perfect. Not long ago, it was difficult, if not impossible, to
get an abuse case investigated or prosecuted. Fortunately, that
situation has changed, but there is still a great need for
specialized knowledge that will allow successful prosecution
and encourage further development of case law. We would like
for you to see our full statement for examples of the many gaps
in the network of services for the abused.
Recognizing the need for a coordinated approach to the
problems of abuse and neglect, AARP joined a number of
organizations in supporting the Elder Justice Act of 2003. This
legislation would greatly enhance the Federal Government's
ability to partner with States and communities to develop the
tools needed to ensure safety of the most vulnerable citizens.
While advocating strongly for Federal proposals like the
Elder Justice Act, AARP recognizes the need for ongoing efforts
at the State level to improve public awareness, the quality of
investigations, and enforcement in cases of abuse and neglect.
These efforts are particularly important in periods where we
have fiscal austerity.
Enforcement and prosecution play a key role in redressing
abuse and neglect after they have occurred. But just as
important is the role of prevention. Early detection of warning
signs through the encouragement of wider reporting and
community policing can make a critical difference.
Also, AARP has historically been concerned about financial
fraud--the fastest growing form of abuse. The main hurdles to
successful prosecution of these crimes are getting the cases
reported to law enforcement, having them thoroughly
investigated, and obtaining timely and appropriate prosecution.
Financial exploitation has many disguises, causes, and
forms of expression, but the common thread of its many methods
is an effort by unscrupulous persons to extract money and
resources through a variety of ways. AARP is addressing the
problem through programs that educate members, families,
professionals, and potential victims.
Some AARP initiatives include daily money management. This
helps older persons who are losing their ability to handle
their finances to find someone to help them manage their
money--a very successful program. Financial education projects
expand financial awareness and enable participants to evaluate
the trustworthiness of supposed advisers and experts.
Colorado Elder-Watch protects older adults from the
financial exploitation of telemarketers and other forms of
identity theft schemes. Campaign Against Predatory Lending
advocates legislative reform, pursues precedent-setting
legislation, and offers education to homeowners regarding what
to watch for in borrowing against the equity in their homes.
Consumer universities may offer presentations by local
legal experts to avoid being exploited in the financial
marketplace; legal clinics and attorney training seminars; use
of the AARP media, including The Bulletin and AAPR-The
Magazine, reaching over 34 million homes. Research by the AARP
Public Policy Institute on consumer financial and fraud issues
includes pre-need funeral and burial arrangements, identity
theft, and the regulation of home improvement contractors and
sub-prime mortgage lending.
Senator Graham, AARP appreciates your leadership and
efforts to assure the safety and well-being of older American
citizens. We look forward to working with the Committee, with
your staff, the administration, and any other group concerned
toward solving this very important problem.
Thank you very much.
[The prepared statement of Mr. Holbrook appears as a
submission for the record.]
Chairman Graham. Thank you, Mr. Holbrook. I really
appreciate what AARP is doing. I know you all spend a lot of
time and money on this, and it is very valuable to us all.
Ms. Stiegel.
STATEMENT OF LORI A. STIEGEL, ASSOCIATE STAFF DIRECTOR,
COMMISSION ON LAW AND AGING, AMERICAN BAR ASSOCIATION,
WASHINGTON, D.C.
Ms. Stiegel. Chairman Graham, thank you again on behalf of
the American Bar Association for inviting us to be here today.
I work for the ABA's Commission on Law and Aging, and for the
past 10 years have directed all of our elder abuse activities.
You have already heard, and you had already mentioned that
elder abuse is a crime. When I talk about elder abuse, I am
specifically referring to that committed by family members,
caregivers, and trusted others, not by strangers or the
predators whom we heard about from the earlier panel.
Some case examples are always important. In your own State,
a son was convicted for having allowed his mother to rot to
death from bed soars that were embedded with bobby pins and
roiling with maggots.
In Delaware, another example occurs where a nursing home
aide was convicted for hanging a resident's baby doll by a
noose from the ceiling of the resident's room. The aide knew
that this resident had dementia and honestly believed that this
baby doll was her live baby. These are two examples of the kind
of cases that happen everyday in every State across this
country.
Elder abuse is clearly a crime, but it is only fairly
recently that we have begun to respond to it that way instead
of only looking at it as being a family problem, a social
problem to which social and human services responded. So as a
result, we are really at the forefront of having the criminal
justice system understand and respond to these cases.
My co-panelists have talked about the need for training of
prosecutors and law enforcement, but the needs and the gaps go
far beyond that. Judges need training on these issues. Civil
lawyers need to understand that this is a criminal issue, and
the criminal law needs to understand that it is a civil issue
as well. Adult protective services workers need to understand
that they need to co-refer and cross-refer these cases to law
enforcement and others. The gaps in the system are tremendous
just in terms of the basic knowledge and understanding of
working with each other.
In addition, the science isn't there very often to prove
that elder abuse has occurred in many of these cases. Whereas
with children we know that certain types of injuries are only
caused by abuse, we don't yet have that science to understand
that for elder abuse, and we really need it for the criminal
justice system to respond appropriately.
You have heard, and I would agree, that elder abuse is very
complex because of the range of people who commit it, that
being family members, caregivers, trusted others. That makes it
so much more difficult for elder victims to turn to the system
for help. The shame and stigma they face is even greater than
when the problem has been conducted by a stranger.
We know that this impact is so serious on individuals. What
we don't know is how serious is the impact on society. We know
there must be social costs, but nobody has studied that yet,
and the National Research Council study panel noted that in its
recent report on elder abuse, neglect, and mistreatment.
Let me offer to you some suggestions and things on which
the ABA has policy that we would like to see happen. We believe
there is a need for a nationwide structure for raising public
awareness, supporting research, providing training and
technical assistance, funding critical services, including
prosecution, adult protective services, and legal services, and
coordinating the resources among the States, territories and
national levels.
We believe there is a need to develop and implement
specialized training about elder abuse for all components of
the justice system. We believe there is a need to establish
Federal leadership to ensure that adult protective services and
legal and other services are of sufficient quality to protect
and serve victims of elder abuse. There are numerous Federal
employees who work on issues of child abuse and domestic
violence. There is not one full-time Federal employee working
on the issue of elder abuse.
There is a need for broad-based, multi-disciplinary task
forces and coalitions in each State to examine and develop
systemic approaches to elder abuse interventions. Your own
State is an example of where there is a State adult protection
coordinating council that is doing wonderful work.
We would like to see a multi-disciplinary research agenda
sustained, advanced, and assessed. The National Research
Council just developed a wonderful agenda. Now, it needs to be
funded and implemented. We would like to see resources for
preventing and responding to elder abuse, and adequate tools
and services to enable capacity assessments for victims of
elder abuse because the capacity is often an issue in so many
of these cases, and critical to successful prosecution. Again,
we would like to see legal and other services more readily
available to meet the immediate and crisis needs of victims.
There are a lot of wonderful things happening already
across the country, but those efforts are intermittent and
often very depend just on one person's interest and commitment
to the issue. When that one person leaves, the interest goes
away. So we need to see it become more institutionalized.
Thank you for the opportunity to testify today.
[The prepared statement of Ms. Stiegel appears as a
submission for the record.]
Chairman Graham. Thank you all.
We will just start with you on that note. One of the
benefits, hopefully, of the Senate legislation--I think it is
333, the Elder Abuse Act?
Ms. Stiegel. Yes.
Chairman Graham. One of the hopes is it will create a
system sort of like the Violence Against Women Act and other
Federal legislation that sort of gives focus to it. But if you
could get back to me with what you would like to see changed or
improved--I don't know if you had had a chance to look at it,
but some of your requests maybe could be molded into the Act,
because that seems to be the best vehicle in the short term.
If we could pass this thing, I think it would be a huge
leap forward. No pun intended, but we are in the infancy of
addressing this problem nationally; we really are. In my time
as a lawyer, it got to be something I heard about, but never
really thought about that much because you are always focused
on children. But you will find in some of those families that
you have an abuse problem that goes beyond just children.
So I would very much like to institutionalize this, so that
is maybe where the ABA could help us. If you would go over the
legislation and give us some input on the Subcommittee on how
we could make some changes, I would appreciate it.
Mr. Holbrook, how much money do you think you all spend
trying to educate your membership and others about what is
going on out there?
Mr. Holbrook. Mr. Chairman, as you know, our organization
is basically a volunteer organization.
Chairman Graham. Right.
Mr. Holbrook. We have over 300,000 volunteers across the
country who are involved in different phases of all these
programs that I mentioned to you today. I would be more than
happy to have the staff supply you an itemized cost list as to
what we spend in each category, but I would like to make sure
that we take into account the fact that we have most of our
activity going on with volunteers who are devoting their time,
as we are on our board of directors, to make sure that these
things happen. But the staff will provide you with information
on cost, because I think it is an important question.
Chairman Graham. To me, it is one of the best projects you
could take up in terms of your membership.
Mr. Holbrook. I agree.
Chairman Graham. How many members do you have now?
Mr. Holbrook. Thirty-five million.
Chairman Graham. And you communicate with them fairly
regularly?
Mr. Holbrook. We try to communicate with them everyday.
Chairman Graham. Everyday.
Mr. Holbrook. Not only with our magazine which goes out to
each of their homes, but also those that have access to our Web
page have immediate access to information that is going on all
the time. So we are very pleased with the progress we have made
in communicating with our members throughout the country.
Chairman Graham. Now, when you talk to them and you get
information back about what is on their minds, how does this
particular elder abuse problem rank in terms of the top 5 or 6
or 10?
Mr. Holbrook. It ranks very high, within the first probably
two or three. It is a very important issue on the minds of our
members and continues, I think, to increase every year. We hear
more and more problems about elder abuse in our country.
Predatory lending is one that we spend a tremendous amount of
time on.
Chairman Graham. Absolutely.
Mr. Holbrook. And also the others that I mentioned in my
testimony and in our statement. All of these concern our
members, and the unfortunate part about this is that so many of
them have been taken advantage of by operators who have no
concern about what they do for a living. They just take
advantage of people.
To me, it is a very personal thing, as it is with you,
because it has affected my own family and the families of most
all of us. So I am sure that it is something that we in AARP
want to do something about, and I am delighted that the Senate
and the Congress is now looking at this as a real problem that
we must address.
Chairman Graham. Do you think we are just asking better
questions, or is there more activity going on in terms of elder
abuse? A little of both?
Mr. Holbrook. Well, I think there is more activity going
on. I think there is more awareness of it. I was a little
disappointed today when I read what happened in Oklahoma on the
``do not call'' list, where the judge ruled it no longer in
effect. I was a little disturbed about that.
Chairman Graham. Me, too.
Mr. Holbrook. Fifty million people are already signed up
and now they say they are not going to deal with that. That was
a very important part of trying to protect senior citizens.
Chairman Graham. One of the things I would like to look at
is capacity. Some people really don't have the capacity to make
that initial phone call to take them off the list. Maybe there
is something the Bar Association can do, or we can sort of
institutionalize some type of guardian program to kind of shut
the flow of information off.
Just to sum up what you are telling me, you are getting
more input from your 35 million members over this issue than
you have in the past and it is in the top two or three
concerns.
Mr. Holbrook. I would say yes.
Chairman Graham. If you could let me know how that develops
over time, I think you are a great resource for us there.
Mr. Holbrook. We would be very happy to.
Chairman Graham. On the prosecution and enforcement side,
the cases you have described are horrible, and there are laws
that deal with sexual abuse and there are laws that deal with
violence. What we have done in the child abuse area has paid
tremendous dividends. I was a prosecutor in the Air Force and
from my 6-year period, it went from being an occasional thing
you would find to almost an epidemic. It really was always
there; we just learned to ask questions better. We got the
mental health agencies involved, and doctors involved, and
school teachers involved to kind of educate the people on the
front lines about victims.
If you look, you will find more victims than you ever
thought. So, hopefully, one of the things that the Elder Abuse
Act will do is give us more eyes and give us a greater ability
to look and understand what we are looking for.
In terms of partnerships, I will try to help you with your
$1 million funding. I am the new guy on the block. We will see
how that goes, but it seems to be a project well worth putting
some money behind.
My staff gave me a good question--more of a comment than a
question. The Justice Department has done a good job, I think,
with Project Safe Neighborhoods, where they coordinate with
local law enforcement--I am sure you are familiar with it--on
gun crimes. The number of gun crimes has gone down dramatically
because you have a task force mentality now between law
enforcement officers and prosecutors at different levels to
look at a particular crime when a gun is involved and kind of
brain-storm it and see what Federal laws would fit, what State
laws would fit, to get the maximum impact.
I understand what Triad is about. Do you think something
similar could occur in this area where you have elder abuse? I
am all for States having the first bite at the apple and I
don't want to federalize every crime in the country, but I
would imagine a lot of these cases have a Federal component to
them if you look hard enough.
Mr. Chiles. Senator, I think certainly on the financial
exploitation side, that would be true.
Chairman Graham. Right, exactly.
Mr. Chiles. On the physical side, probably not.
Chairman Graham. Probably not, and you all are very capable
of doing that, but I would like to get these people as hard as
we can get them. Chances are, they have been abused in more
than one way.
Mr. Chiles. Yes, sir. In our most recent policy statement,
adopted in March, one of the things that we strongly recommend,
where possible, with office size and everything else, is the
forming of task forces much like you suggest, to incorporate
all different law enforcement agencies, social service
agencies, adult protective services, and to react as a task
force much as we are often now able to do in child abuse cases.
One of the things that would help us in that regard, with
prosecutors taking the lead on that task force, is more
training. One of the things that we are recommending is the
formation of a national center for the prosecution of elder
abuse, neglect, and exploitation through the American
Prosecutors Research Institute. Right now, APRI has a section
like that in child abuse where they train literally hundreds of
prosecutors a year, which lets the prosecutors then go back
and, among other things, set up these task forces and things
like that.
Chairman Graham. Become experts, right. Well, we have a
good site in Columbia, South Carolina, to do that.
Mr. Chiles. We would love to use the NAC for that, also,
yes, sir.
Chairman Graham. Stay in touch with us about the efforts to
do that.
Mr. Wright, I do appreciate your taking time out to come.
From the law enforcement side of the equation, would you be
amenable to a Project Safe Neighborhoods for seniors?
Mr. Wright. Absolutely, Mr. Chairman. Triads are locally
managed and they work in different ways, and there is one, in
fact, in Denver, the Metro Denver Triad, in which the district
attorney there kind of heads it up. Typically, as I understand
it, each year the Irish travelers who do a lot of home repair
fraud--
Chairman Graham. Yes. Some of them are from South Carolina.
Mr. Wright. They are, they are, and they go out there and
when they come out there in the spring, they have a task force
approach which includes the Denver Police Department and the
sheriff departments in Arapaho, Jefferson, and the surrounding
counties.
Chairman Graham. Does it have a Federal component to it?
Mr. Wright. Not that I am aware of, sir.
Chairman Graham. Maybe that is something we could integrate
because it has worked very well in the gun area, where you get
a Federal-State connection to really look at all the avenues
available to you.
Mr. Wright. Yes. Certainly, the National Sheriffs'
Association also supports the Elder Justice Act. As was already
stated, a lot of the response is intermittent and it comes and
goes, so I would certainly support it.
Chairman Graham. Well, what I will do to help the cause a
bit is I will try to write Attorney General Ashcroft, who is a
good friend and I think doing a great job for us in terms of
fighting crime. I will try to write him and see if we can get
some involvement, some thinking going on to try to integrate
into what you are already doing nationwide. Hopefully, we can
get some funding.
Mr. Wright. We appreciate that.
Chairman Graham. Anything else that you would like to leave
with the Subcommittee before we call it a day?
Thank you all. It has been very helpful. I appreciate your
time and your energy, and I appreciate very much your coming.
We have a resolution from the bar association that we will
put in the record.
Thank you all. The hearing is adjourned.
[Whereupon, at 3:39 p.m., the Subcommittee was adjourned.]
[Additional material is being retained in Committee files.]
[Questions and answers and submissions for the record
follow.]