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California Attorney General Kamala Harris ignores heinous elder abuse

In June 2011, the family of Alzheimer’s patient Carol Hahn begged for help from Attorney General Kamala Harris. Family reported two individuals from Riverside based financial services firm Leivas Associates forced entry into Carol’s home, removed her from her home, and hid her from family.

California Attorney General ignores elder abuse
Linda Kincaid

Reports from San Bernardino County Sheriff’s Department and records from San Bernardino County Court (CONDS100023) from 2010 establish that Carol’s step-granddaughter placed Carol at assisted living facility Wildwood Canyon Villa. The step-granddaughter instructed Wildwood to prevent Carol having visitors or phone calls. Carol was isolated from loved ones for fifteen months. With assistance from Riverside attorney Jaxon Miller, the step-granddaughter seized control of Carol’s entire $1M estate. Attorney General Kamala Harris refused to investigate.

In August 2014, Carol’s family submitted thousands of pages of evidence obtained through civil discovery. The documents substantiated aggravated kidnapping, false imprisonment, isolation, physical restraint, chemical restraint, neglect, financial abuse, and indicators of sexual abuse. Vincent DiCarlo of the Attorney General’s office again refused to investigate.

Notes the step-granddaughter submitted to the court in August 2010 contained the following statements.

June 5 – 19, 2010

Carol was repeatedly shown just how much money she has. Each time, Carol would say that she couldn’t believe it was hers and said the only way to believe she had “all that money” was to hold it in her hands. Susan Balkom, Audrey Nesvold, and I would repeatedly remind her that she had money and that she could pay her bills. Despite our efforts to reassure her, Carol would worry constantly about money, saying that she didn’t have any.

June 8, 2010

Met Audrey Nesvold, Susan Balkom, and Grandma at Leivas Associates at 3pm to discuss bank issues. Later, went to appointment with attorney, Jaxon Miller.

June 9, 2010

Met with Grandma and Audrey Nesvold. Signed papers to transfer money from Wells Fargo to HD VEST to hold until we could make further decisions.

Bank records establish that Audrey Nesvold transferred over $900K into an account under Nesvold’s control as financial manager. In 2009, Carol wrote to her daughter advising against investing with Nesvold and stating, “She isn't always that sharp.”

Went to Capitol Source to close 2 accounts.

Went to Chase Bank to open a joint checking and savings account.

The step-granddaughter maintained complete control over the “joint” bank accounts.

June 10, 2010

Riverside Attorney Jaxon Miller had Carol execute an estate plan that revoked her prior will naming her only child as sole beneficiary. The 2010 estate plan gifted 87.5% of Carol’s $1M estate to the step-granddaughter and step-family, including a step-daughter whom Carol often said she “despised.” Before losing her memories, Carol referred to the step-daughter as a “witch” and “the most evil person on the face of the planet.”

June 11, 2010

Kaiser Permanente Visit Diagnosis: Memory Loss

June 20, 2010

Email from step-granddaughter to Kaiser primary care provider:

… she had forgotten she even had a daughter.

June 30, 2010

Visited Grandma. She didn't remember Walter Hahn (my grandfather and her late husband). She didn't know if her parents had passed away and wanted to talk to her sister to find out.

July 7, 2010

I called [attorney] Jaxon Miller and we discussed the option of having Carol resign as trustee and make me the acting trustee…

Acting on the step-granddaughter’s instructions, Miller drove to Wildwood Canyon Villa and had Carol sign a declination to act, giving the step-granddaughter complete control of Carol’s $1M estate.

September 27, 2010

Community Care Licensing cited Wildwood Canyon Villa for violating Carol’s right to visitation. Licensing did not assess a penalty or require a correction. Carol remained isolated from loved ones for nearly year after Wildwood was cited.

June 15, 2011

Carol had been isolated from loves ones for over a year. Wildwood Canyon Villa allowed no visitors and severely restricted phone calls. Carol’s mail was intercepted. Carol slept on a mattress on the floor, and she was denied routine medical care. She may have been sexually abused. The step-granddaughter retained complete control of Carol’s estate.

Investigative Auditor Yolanda Mills wrote to the step-granddaughter’s attorney Terrence Moynihan,

Our office has investigated the alleged fiscal elder abuse against Carol Jean Hahn. We have concluded our investigation and will be closing our case. It appears that the individuals involved were attempting to act in the best interest of Ms. Hahn and that none of their actions were criminal in nature.

The letter indicates the Attorney General’s office investigated only financial abuse. They found no criminal intent in taking an Alzheimer’s patient from her home and having her execute a new estate plan when she forgot she had a daughter and believed that she was destitute. The Attorney General’s letter indicates they did not investigate the kidnapping, false imprisonment, or extended isolation.

The Attorney General’s office refused to interview Carol’s daughter, sister, nieces, neighbors, or Carol’s companion and “dearest friend in the world” with whom she resided since 2007. The Attorney General’s office refused to accept documents from Carol’s family.

September 9, 2011

Sue Melton of the Attorney General’s office sent the following email to Carol’s daughter.

As we have stated in the past, we are more than happy to discuss our finding with your attorney. Please have him contact us directly.

Due to on-going litigation, it is the appropriate way of dealing with this matter.

Family responded,

Dear Ms. Melton,

We are not in litigation. There is no "on-going litigation."

Your refusal to communicate with the family adds yet more delay and expense to a situation that is emotionally and financially devastating. It also increases the likelihood that my mother will die before she is restored to her loved ones.

Sue Melton was steadfast in her refusal to take statements from Carol’s family or other witnesses to the crimes against Carol.

Again, we will speak with counsel only.

The Attorney general did not investigate the kidnapping, false imprisonment, neglect, or long-term isolation. Carol was isolated from loved ones for fifteen months before the court issued a restraining order against continued isolation. She slept on a mattress on the floor for eighteen months. She was denied routine medical care for the last three years of her life.

August 21, 2014

Family amassed thousands of pages of evidence through private investigations and civil discovery in 2012 - 2014. Family organized evidence into spreadsheets, and they prepared a criminal law analysis that was reviewed by a criminal court judge. Those efforts cost family $750K. The Attorney General could have conducted the investigation and analysis far more effectively and more efficiently.

The files that family provided to the Attorney General included evidence and admissions of aggravated kidnapping, false imprisonment, long-term isolation, physical restraint, chemical restraint, neglect, fraud, and financial elder abuse. Files contained indicators of sexual abuse and cover up of sexual abuse. Most of the evidence was obtained after the Attorney General’s cursory 2011 “investigation” of fiscal abuse.

August 28, 2014

Supervising Deputy Attorney General Vincent DiCarlo wrote,

It is my understanding that these allegations have already been reviewed and, to the extent their subjects fall within our authority, investigated by my office, and that we declined to prosecute. I am not aware of any recent developments that warrant opening a new investigation.

Vincent DiCarlo

Supervising Deputy Attorney General

Facilities Enforcement Team

Bureau of Medi-Cal Fraud and Elder Abuse

Office of the Attorney General

California Department of Justice

1425 River Park Drive, Suite 300

Sacramento, CA 95815

Office: (916) 263-2332

Mobile: (916) 444-4459

Email: vincent.dicarlo@doj.ca.gov

BMFEA Web Site: http://ag.ca.gov/bmfea/

Attorney General Kamala Harris is running for re-election in November 2014. Harris is opposed by Ron Gold, a moderate Republican with liberal ideas that appeal to Democrats as well. Gold alleges that Harris has been lax in investigating and prosecuting elder abuse. Carol Hahn’s family agree with Gold.