Defrauding an Older Adult is Its Own Kind of Crime

The art of swindling is as old as time, and governments have worked for centuries to combat the practice. Indeed, North Carolina first criminalized the obtaining of property by false pretenses in 1811. In more recent years, the legislature has focused on a set of victims who are especially vulnerable to financial fraud: older adults. Financial exploitation of such a person is its own kind of crime—a crime that may be subject to more severe punishment than other types of fraud and that encompasses a broader array of deceptive behavior. Assets obtained through such fraud may also be frozen or seized pending the resolution of the criminal case to ensure that the victim receives the restitution he or she is owed. The crime. G.S. 14-112.2 criminalizes the financial exploitation of an older adult, who is defined as a person 65 years old or older. (The provisions of this statute also apply to financial exploitation of a disabled adult, who is defined as a person 18 years old or older or a lawfully emancipated minor who is present in North Carolina and who is physically or mentally incapacitated as defined in G.S. 108A-101(d). This post will, however, focus solely on the crime of exploiting an older adult.) Position of trust or business relationship. G.S. 14-112.2(b) makes it a felony offense for a person who (a) stands in a position of trust and confidence with an older adult or (b) has a business relationship with an older adult to: (1) Knowingly, by deception [...]