Thursday, February 8, 2018
Rebecca C. Morgan (Stetson University College of Law) has posted A View from the Bridge: A Brief Look at the Progression of Cases of Elder Financial Exploitation Prosecutions (Elder Law Journal, Forthcoming) on SSRN. Here is the abstract:
Elder financial exploitation is a continuing problem in the United States, and the prosecution of elder financial exploitation has failed to keep up with modern problems and laws. In this Article, the Authors explore nearly three decades of appellate decisions from across the United States. In these examples, the Authors show how different courts have treated both victims and defendants through their appellate decisions. The Authors examine the basic elements that make up financial exploitation throughout the country. Cases from many courts, and of differing notoriety are explored, noting the difference in law and discretion across the United States. Finally, the Authors suggest resources for prosecutors and discuss how the United States can catch up with those who are taking advantage of an elderly population.