3/6/2017
Man Steals Half a Million in Financial Elder Abuse Case
A Texas man was recently indicted in an appalling case of financial elder abuse that happened in Madison County, AL, according to a report from al.com. The federal indictment alleges that Dwayne Elllis Baptiste concocted a scheme to steal $545,000 from a retired Lockheed Martin employee who is now deceased. Baptiste became acquainted with the elderly man, Ralph Swinehart, as well as his son, Ronald Swinehart, in 2011. Both Swineharts died within a few days of each other in October of 2011. In order to carry out the scheme, Batiste filed a fraudulent Power of Attorney in Madison County Probate Court, and then proceeded to empty the senior Mr. Swinehart’s retirement accounts. If convicted, the maximum penalties for the crimes include 20 years in jail and a fine of up to $1 million.
Although this case involved a violation of federal law, Alabama has criminalized the exploitation of elderly people through the Protecting Alabama’s Elders Act. The law makes first degree intentional elder abuse a class A felony. Ala. Code § 38-9E-3. Financial abuse of an elderly person in the first degree, which includes cases of theft over $2,500, is a Class B felony under the law. Ala. Code § 38-9E-6.