New Hampshire Elder Fraud Statutes

Under section 631:9 of the criminal code in New Hampshire, financial exploitation has different definitions:

• Breach of fiduciary duty, which means [when] a guardian, conservator, trustee, or someone else “knowingly and recklessly” and for his or her own advantage fails to use an elderly person’s financial resources to provide them with basic necessities like food, shelter, or healthcare or deprives the elderly person of their financial resources for the benefit of someone else
• A person who “knowingly and recklessly” through harassment, coercion, or undue influence:
  • Obtains control of an elderly person’s personal property or financial resources
  • Makes an elderly person perform services to the advantage of someone else
  • Creates a relationship with a financial obligation to an elderly person that gives the person control of property or resources
  • Reporting exploitation

If someone suspects that an adult is being exploited, a report must be submitted to law enforcement, as per section 161-F:46. The report has to contain information about the alleged exploitation, along with the names of everyone involved. If the report has merit, an investigation will be conducted. When information is provided in good faith, the person who made the report will be immune from any civil or criminal liability. Anyone who fails to make a report is guilty of a misdemeanor.

As stipulated by section 631:10, there are different degrees of penalties for exploitation in New Hampshire, all of which could come with a fine, jail time, or both.

• If the assets involved are valued at more than $1,500, this is a class A felony
• If the assets involved are valued at $1,000 or more but less than $1,500, this is a class B felony
• If the assets involved are valued at less than $1,000, this is a misdemeanor

If you feel as though you are a victim of exploitation which resulted in the loss of money, you may be able to recover it. One of the best ways to do this is through arbitration. For guidance from an experienced elder financial fraud attorney, get in touch with the Silver Law Group. We work on a contingency basis, so unless we can successfully recover money for you, you won’t owe us a fee. Contact us by phone at 800-975-4345 or through our online form.