{"id":743,"date":"2011-11-16T00:30:51","date_gmt":"2011-11-16T00:30:51","guid":{"rendered":"http:\/\/www.markagallagher.com\/socaldefenselawyers\/friday-favorite-flirty-criminals\/"},"modified":"2020-10-30T20:48:08","modified_gmt":"2020-10-30T20:48:08","slug":"friday-favorite-flirty-criminals","status":"publish","type":"post","link":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/friday-favorite-flirty-criminals\/","title":{"rendered":"Friday Favorite Flirty Criminals"},"content":{"rendered":"
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\"\"<\/a>This week\u2019s favorite is about a flirty but dangerous mother-daughter team. This mother daughter duo allegedly conned a 90-year-old\u00a0El Segundo<\/a> man to give them $20,000 and to buy them a Mercedes-Benz. Police believe this duo likes to run cons and take advantage of elderly people. The mother was arrested this week, but the daughter remains at large, so be careful who you flirt with this weekend at the bars. The 29-year-old daughter is known to frequent areas in and around\u00a0Harbor City<\/a>,\u00a0Downey<\/a>, and\u00a0Riverside<\/a>.<\/span><\/p>\n

<\/span>The 90-year-old man was also conned into buying the duo a $2,000 mattress. They would also take him into banks, and tell him what to do, in order to get their money. The mother-daughter team was discovered after employees at an <\/span>El Segundo<\/a> Bank of America considered it suspicious that a 90-year-old man said he was withdrawing money to give it to someone but couldn\u2019t remember their names.<\/span><\/p>\n<\/div>\n

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The duo are facing charges for\u00a0felony elder abuse<\/a> and\u00a0felony conspiracy to commit elder abuse<\/a>. California “elder abuse” law covers a variety of\u00a0crimes <\/a>and can occur in a variety of situations. In this situation, elder abuse will be alleged to be in the form of financial fraud. It is considered \u201celder abuse\u201d when it is directed at anyone over 65 years of age. The Los Angeles District Attorney’s Elder Abuse Unit only prosecutes allegations of\u00a0financial elder abuse<\/a> if the monetary amount reportedly taken is either in the “thousands of dollars” range or involved a very sophisticated level of\u00a0fraud <\/a>or\u00a0theft<\/a>. Well, too bad for this mother-daughter team. They should have aimed low\u2026..or not have defrauded an elderly man to begin with. \ud83d\ude09<\/span><\/p>\n<\/div>\n

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Simply put,\u00a0financial elder abuse<\/a> is the\u00a0theft <\/a>or\u00a0embezzlement <\/a>of money or other property from an elder. This type of senior fraud is penalized in California Penal Code sections 368(d) and 368(e). In order to convict a defendant of senior fraud, the prosecutor must prove the following facts: 1) that defendant committed a “financial” crime (that is, theft, fraud, forgery, or embezzlement), 2) that the property involved in the crime belonged to an elder, and 3) in this case, that defendant knew or reasonably should have known that the individual was an elder.<\/span><\/p>\n

The mother-daughter duo is going to face an uphill battle in their <\/span>defense<\/a>. It appears that the 90-year-old man is a very confused man. He doesn\u2019t remember giving away that much money or even purchasing those expensive vehicles.<\/span><\/p>\n<\/div>\n

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As for the\u00a0conspiracy <\/a>charge, a\u00a0criminal conspiracy<\/a> takes place when one agrees with one or more other people to commit a crime, and one of them commits an overt act in furtherance of that agreement. Any member of the conspiracy may commit the overt act which doesn’t need to be\u00a0criminal <\/a>in and of itself. The act does need to be performed before the commission of the agreed upon offense. Maybe the daughter can argue that she never agreed with her mom to fraud this old man. She was just a victim of her mom too; she should utilize many available\u00a0defenses to conspiracy<\/a>.<\/span><\/p>\n<\/div>\n

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Some of these defenses include: there was no agreement, there was no overt act, she withdrew from the conspiracy, she operated under a mistake of law, or she was falsely accused. Again, it will be tough for prosecutors to prove an agreement between mother and daughter. This will be especially tough if the daughter was never seen at any of the banks or the car dealership.<\/span><\/p>\n<\/div>\n

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If they are convicted of committing\u00a0felony conspiracy to commit elder abuse<\/a> they face the same penalties that are imposed in connection with that felony. If convicted of felony senior fraud (\u201celder abuse\u201d), they face the following penalties: formal probation; two, three, or four years in the California State Prison; and a maximum $10,000 fine.<\/span><\/p>\n<\/div>\n

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In conclusion, that must have been some intense flirting by the duo with the elderly man. They got him to give them thousands of dollars in cash and gifts! Whether you are young or old, beware of\u00a0these<\/a> two.<\/span><\/p>\n<\/div>\n

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 <\/p>\n<\/div>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

This week\u2019s favorite is about a flirty but dangerous mother-daughter team. This mother daughter duo allegedly conned a 90-year-old\u00a0El Segundo man to give them $20,000 and to buy them a Mercedes-Benz. Police believe this duo likes to run cons and take advantage of elderly people. The mother was arrested this week, but the daughter remains…<\/p>\n","protected":false},"author":9,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"categories":[19],"tags":[164,165,166,167,168,169,170,99,124],"class_list":["post-743","post","type-post","status-publish","format-standard","hentry","category-california-criminal-law-blog","tag-conspiracy","tag-downey","tag-el-segundo","tag-elder-abuse","tag-embezzlement","tag-fraud","tag-harbor-city","tag-riverside","tag-theft"],"_links":{"self":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/743","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/users\/9"}],"replies":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/comments?post=743"}],"version-history":[{"count":1,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/743\/revisions"}],"predecessor-version":[{"id":5660,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/743\/revisions\/5660"}],"wp:attachment":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/media?parent=743"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/categories?post=743"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/tags?post=743"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}