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[nelleke]

Thank you for your assistance.
Here is my long story made as short as possible. I have a family member that has mental and physical disabilities. State of Hawaii is providing support in medical, and living needs. A caseworker was provided to assist family member. She helped her for many years. Close relationship developed. Family member very dependent on this caseworker. Caseworker assists family member to get the settlement that family member was entitled to get. Then...the caseworker asks to borrow the money from family member. Total amount 25K. Family member did have the case worker sign several paper that were written up indicating that the 25K was a loan and that the caseworker was to pay it back with interest(we have the originals of all these). Caseworker did pay a few thousand dollars back but then stopped making payments. She told my family member not to tell anyone about this loan. Continued to assure her that she would pay her back. After a year, my family member did tell me about it. She continued to say she was afraid of her caseworker but felt she had to tell someone. I called the caseworker immediately and she told me she would pay the money back. After 4 months of listening to her make every excuse in the world, I called the caseworker's boss. She was fired from the company she was working for. (this company was assigned by the State of Hawaii) I have found this entire situation very unethical. I asked the company for help getting the money back. Their attorney said it was a "personal loan" between two people. I said this is a case of a client (with mental disability) and her caseworker!! We called the police but they said it was a "personal loan" and would not take a report. The district attorney was informed. They investigated for medicare fruad but concluded that it was a "personal loan". I have again been in contact with the caseworker, she again agreed to pay 20K but on the day she was to transfer the money (which she assured me she had) she got an attorney who said to me that the loan involved a "third" party that took the money and left the country. And that the caseworker does NOT feel she is responsible for the loan any longer. The caseworker signed an agreement with my family member and it did NOT include a "third party" the only name of the person who was getting the money and responsible to pay it back was the caseworker. She signed and dated it!
The loans were made over a 4 month period. First loan was for 10K and the next 3 loans were each for 5k. Not sure if that would matter or not. For each of the 4 loans, the caseworker signed a new agreement. We have the originals of each of these agreements.
Where do we go from here?
Thank you again for your assistance.

 

[army judge]

Are you the guardian of your relative?

If not, there is no we.

There is only a she.

If there is a guardian, he/she can start a lawsuit against this creepy ex-mental health (thank goodness) shirker!

But, don't expect much, even if you. she/he/ they prevail.

Why?

She's a broke, deadbeat, unemployed bum.

If she has any assets, I suspect she has gotten them safely secreted in some filthy, third world banana / coconut dictatorship.

Translation, the money is going to be hard to find, even if you prevail in the lawsuit.

Your best bet was law enforcement, yet they have investigated and claim this to be a civil matter.

I'm not sure how that is, because your relative is mentally challenged.

Why don't you take her and yourself (if you're the guardian) or bring the guardian too (if you're not) to a lawyer.

Let the lawyer discuss your options.

If the caseworker would have been prosecuted for having sex with your relative, I would think there might be a statute that protects people like her from bums like the cheating caseworker.

 

[nelleke]

Thank you for your comments. I live in another state. My family member is asking me for help with this. I agree that this was a very unethical and sad situation. I have tried to contact so many different organizations about this. From the police to the district attorney. This caseworker is actually employed again and I know where she works. When I spoke with her she pleaded that I not tell her current employer as she was afraid she would again lose her job! That is when she agreed again to repay the loan. Yes this is a "Loan" but it was so wrong for the caseworker to even ask my sister for the money. and then threaten her if she told!
The caseworker told her attorney that she gave the money to a women that took the money to Vietnam!

 

[fredrikklaw]

Third Party, Indeed!

NELLEKE:

I have heard of some quite creative legal maneuvering by some very creative attorneys, but the case worker attorney's attempt at the same is nothing short of asinine and his "third party" defense strategy is the legal equivalent of "my dog ate my homework!"

Where you go from here is straight to an attorney with two-cents worth of conscious who would (and should) see this case for what it really is and promptly file suit for the following reasons.

First and foremost, your family member's mental disability means that he lacks the capacity to enter any contract of any kind and so the taking of money from him in any shape or form is a crime of thievery of Grand Larceny proportion, no matter how much the transaction is sugar-labeled; loan, gift, donation, so on and so forth. This is no different from committing rape when one decides to have intercourse with a mentally disabled, unconscious, or heavily inebriated persons who are unable to give consent.

Secondly, the company employing the case worker is 100% liable in this case on the basis of the doctrine of Respondeat Superior, whether they like it or not; otherwise known as Vicarious Liability. They are of course trying to weasel out of this predicament by saying that the loan was of a personal nature, when there was in fact no loan made but money stolen from a client by their employee in the ordinary course of doing business on behalf of the company.

Then there is the Breach of Fiduciary Duties by the social worker which in turn makes the employer vicariously liable for the same; then there is Fraud, Unjust Enrichment, and if they really do insist on this phantom third party with the one-way ticket to Vietnam, then you can add Civil and Criminal Conspiracy to the criminal charges and to the civil causes of action.

Last but certainly not least, it is almost a certainty that the third person defense was dreamed up by the case worker's attorney since it came to light only after he was retained, in which case I would wait until the answer to your complaint is given and then go after the nickel-and-dime so-and-so for putting on perjured and doctored testimony.

Don't waste your time chasing after the District Attorney and hoping against all hopes with the police; you can instead go to the state in which the family member resides and have yourself appointed his conservator. This will legally enable you to take care of his affairs, up to and including litigating on his behalf.

I'll be damned if I ever even try to predict the outcome of any litigation or give undue assurance of prevailing in a suit, but there are cases that you just cannot go wrong by predicting a favorable return, and this would be one of them.

I hope you nab the heathens to the wall!

fredrikklaw

 

[nelleke]

Thank you Fredrikklaw, I do not live in the same state as my family member but I am going to visit her next week. I plan to take copies of these responses with me to see what will be our next move. I did contact an attorney in Hawaii by telephone. He said he would consider taking on this situation but required a $5,000.00 up front payment and would bill for everything along the way. My family member is on a very limited, fixed income. This is so difficult considering I live so far away.
I appreciate all information and considerations in this case.
Thank you.

 

[army judge]

OP, here's a thought.

Why not offer $2,500 up front, and allow the attorney to take $5,000 out the $25,000 judgment he'll obtain?

But, make sure he collects it.

I'd offer him an additional $2,000 for recovering the $25,000.

Your relative will get $18,000, of he/she is successful.

Today she has nothing.

You can ask her to repay you out of her $18,000 windfall.

 

[nelleke]

Yes Arm Judge, that is a thought too. Thank you for your replies! I will consider all these replies when I got to visit my sister next week.

 

[nelleke]

I was wondering, on my situation that I stated above, is there a "statue of limitation" on our ability to have the caseworker's employer involved (does the fact that my family member is disabled take into account at all?)? and would it be any different if we went only after the caseworker herself. The employer told us it was a "personal loan" between two people. (even though it took place with their employee and my family member)
The actual loans were done in 2007. This all took place in the state of Hawaii.
Thank you

 

[army judge]

I was wondering, on my situation that I stated above, is there a "statue of limitation" on our ability to have the caseworker's employer involved (does the fact that my family member is disabled take into account at all?)? and would it be any different if we went only after the caseworker herself. The employer told us it was a "personal loan" between two people. (even though it took place with their employee and my family member)
The actual loans were done in 2007. This all took place in the state of Hawaii.
Thank you

OP, this link provides information on the Statute of Limitations in HI.

http://www.statuteoflimitations.net/hawaii_statute_of_limitations.htm

If this is considered an oral agreement, it would be six years. You're well within guidelines there.

If its fraud, the SOL is only three years. You're out of luck and time.

It all depends on what grounds you wish to use to pursue your collection (and/or recovery) activity.

I suggest you investigate suing the crook, as well as her employer (past employer).

You also should be talking with an attorney.

Stop negotiating with the crook.

Stop communicating with the crook's former employer.

Don't tip your hand.

That gives your target opportunities to cover their tracks and prepare their lies.

 

[nelleke]

Thank you very much! This is very helpful!!