Articles Tagged with elder

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An ex-insurance agent from San Clemente has been accused of using fraudulent practices to profit off of investments he made for at least six elderly clients in Southern California.

55-year-old Mark Malatesta, a man employed as a licensed insurance agent, was taken into custody on Monday after the California Department of Insurance detectives found what they believe is supporting evidence that he was taking part in a monetary ruse which cost his former clients over $1.6 million. The alleged victims were reported as senior citizens, who are said to be a target demographic of an increasing number of deceptions designed to cheat them out of their money, as reported by Insurance Commissioner Dave Jones.

Malatesta has been accused of a procedure called “churning,” wherein a broker who typically has permission to make independent determinations on how to invest money from the client’s account performs transactions “chiefly to generate commissions that benefit the broker,” as described by the U.S. Securities and Exchange Commission.

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A 36 year old man named Scott Patrick Cole of Newport Beach was booked into Orange County Jail on the suspicion of battery with serious bodily injury, trespassing, causing harm to an elder/dependent adult, and assault with a deadly weapon.

At around 4:30 p.m. officers got an assault call to the 800 block of West 15th St. After the officers arrived, they had made contact with a man, who fled to a nearby neighbor’s house for safety, said Jennifer Manzella, a Newport Beach police spokeswoman.

The unidentified victim was then taken to a nearby hospital for non-life threatening injuries and was later released. Apparently, the victim and Cole were acquainted, Manzella said. The officers were trying to contact Cole at the residence where the assault had allegedly taken place, but Cole repeatedly refused to come to the front door, said Manzella, adding that Cole seemed extremely agitated and began breaking windows and throwing objects inside the victim’s home.

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As an Orange County criminal defense lawyer who has handled thousands of domestic violence or spousal abuse cases, I get calls daily from people who were arrested or whose significant other was arrested because neighbors heard them fighting and called the police. You do not have to be married to be charged with “spousal abuse”—it applies if you were ever in a dating relationship with the other party.

In Orange County most domestic violence or spousal abuse arrests are unwanted by either party. The concept of “pressing charges” is a myth. One does not get arrested or prosecuted based on whether the other party decides to “press charges”. What this means is that your desire that your partner NOT be arrested is largely irrelevant. In most cases the police will make an arrest if they:

  1. See any injury or