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Washington, D.C. Elder Fraud Statutes
In the District of Columbia, someone is guilty of financially exploiting an elderly person if he or she:
- Uses deception, intimidation, or undue influence to obtain the property, including money, of a vulnerable adult or elderly person, with the intent to deprive the vulnerable adult or elderly person of the property or use it for the advantage of anyone other than the vulnerable adult or elderly person
- Uses deception, intimidation, or undue influence to cause the vulnerable adult or elderly person to assume a legal obligation on behalf of, or for the benefit of, anyone other than the vulnerable adult or elderly person
- Violates any provision of law proscribing theft, extortion, forgery, fraud, or identity theft against the vulnerable adult or elderly person, so long as the offense was undertaken to obtain the property, including money, of a vulnerable adult or elderly person, or to cause the vulnerable adult or elderly person to assume a legal obligation on behalf of, or for the benefit of, anyone other than the vulnerable adult or elderly person
According to section 22–936.01, a person guilty of elder financial can face a fine of up to $25,000 and/or a prison sentence of up to 10 years.
The civil penalties include a fine of up to $5,000 per violation, an injunction that can be temporary or permanent, and “revocation of all permits, certificates, or licenses issued by the District of Columbia authorizing the person to provide services to vulnerable adults or elderly persons,” as per section 22-937.
Relief From the CourtIn some cases, the court may decide that an exploited elderly person needs protection. This could result in different measures stated in section 22-938, including a temporary restraining order, temporary injunction, or an order temporarily freezing the person’s assets.
When assets are frozen, the court will appoint a receiver or conservator in order for the assets to be used in the care of the elderly person.
If you have lost money due to elder financial fraud, recovering it may be possible through litigation or arbitration. To learn about your options, you can talk to an experienced elder financial fraud attorney at the Silver Law Group.
Call us at 800-975-4345 or send us a message through our online contact form.
