Elder Abuse Prevention and Prosecution Act

Elder Abuse Prevention and Prosecution Act The Elder Abuse Prevention and Prosecution Act is a United States federal statute enacted in 2017 to strengthen federal response to crimes against older adults and enhance coordination among prosecutors, investigators, and service providers. The law established offices and programs intended to improve data collection, increase training for United States Attorneys and Federal Bureau of Investigation agents, and promote partnerships with state and local entities such as Adult Protective Services and AARP affiliates. Sponsors and supporters included lawmakers from the United States Senate and United States House of Representatives, advocates from organizations like National Center on Elder Abuse and litigators from the Department of Justice.

Background and Legislative History

Congressional attention to financial exploitation and physical abuse of older adults rose following investigations by committees including the Senate Special Committee on Aging and the House Committee on the Judiciary, prompted by advocacy from groups such as AARP Foundation, National Adult Protective Services Association, and Alzheimer's Association. High-profile reporting in outlets connected to ProPublica, The New York Times, and 60 Minutes highlighted cases involving actors, athletes, and public figures and pushed legislators including Chuck Grassley, Patrick Leahy, and Dianne Feinstein to act. Legislative proposals drew on earlier statutes like the Elder Justice Act and amendments to the Social Security Act while negotiating jurisdictional issues with agencies such as the Securities and Exchange Commission and the Consumer Financial Protection Bureau. The bill passed both chambers of the United States Congress with bipartisan support and was signed by President Donald Trump in the presence of advocates and members of groups like Justice in Aging.

Key Provisions

The statute authorized creation of an Elder Justice Coordinator within each office of United States Attorney and established a federal Elder Justice Initiative at the Department of Justice to coordinate prosecutions and civil enforcement with partners including the Federal Trade Commission, Internal Revenue Service, and state attorney general offices such as the New York Attorney General's office. It directed data collection improvements through the National Adult Maltreatment Reporting System and required annual reporting to committees chaired by lawmakers like Richard Shelby and Maxine Waters. The law expanded training programs involving the Federal Bureau of Investigation, Social Security Administration Office of Inspector General, and task forces such as the Financial Crimes Enforcement Network to detect schemes related to Medicare fraud, Ponzi schemes, and misuse of powers of attorney. It authorized grant programs managed in coordination with entities like Administration for Community Living and Centers for Medicare & Medicaid Services to support multidisciplinary teams and legal services providers such as Legal Services Corporation.

Implementation and Enforcement

Implementation has involved coordination among federal agencies including the Department of Justice, Federal Bureau of Investigation, Internal Revenue Service, and Consumer Financial Protection Bureau alongside state attorney generals such as those from California, Florida, and Texas. The Justice Department established guidelines for Elder Justice Coordinators and set up data-sharing protocols with systems like the Protected Trust Account models used by some state bar associations and Adult Protective Services networks. Training initiatives have been conducted with partners from academe and practice such as Harvard Law School, Yale Law School clinical programs, and nonprofit organizations including National Legal Aid & Defender Association to improve investigations into digital fraud schemes involving platforms operated by companies like PayPal, Walmart, and Amazon. Enforcement actions have used criminal statutes alongside civil remedies under laws administered by agencies such as the Securities and Exchange Commission and the Federal Trade Commission.

Impact and Criticism

Supporters, including AARP and National Center on Elder Abuse, argue the law improved prosecution rates and awareness, leading to collaborations with state entities such as Adult Protective Services and nonprofit advocates like Justice in Aging. Evaluations by researchers at institutions like Johns Hopkins University and UCLA pointed to increased reporting and improved training, while watchdogs from organizations like ProPublica and civil liberties groups such as the ACLU raised concerns about data privacy, potential overreach by federal prosecutors, and uneven resource allocation across states like Alabama and Alaska. Critics in state legislatures and bar associations have highlighted limits in funding, disparities in coordination with tribal governments such as those represented by the National Congress of American Indians, and challenges integrating efforts with elder care systems including Medicare and long-term care providers like chains regulated under state health departments.

Notable Cases and Prosecutions

Post-enactment prosecutions involved coordinated actions by United States Attorney's Offices in districts including the Southern District of New York, Eastern District of Virginia, and Central District of California against defendants charged with schemes related to identity theft, healthcare fraud, and abusive financial exploitation. High-profile cases referenced in reporting by The Wall Street Journal and litigated by prosecutors formerly from the Department of Justice included actions that implicated fiduciaries, caregivers, and financial advisors with links to institutions such as Wells Fargo, Goldman Sachs, and regional banks scrutinized by the Office of the Comptroller of the Currency. Civil enforcement coordinated with the Federal Trade Commission and state attorneys general produced settlements and injunctions publicized by outlets like Reuters and Bloomberg involving elder-targeted scams and deceptive marketing practices.

Category:Elder law