Idaho Elder Fraud Statutes
Financial exploitation in Idaho is defined as “the unjust or improper use of a vulnerable adult’s financial power of attorney, funds, property, or resources by another person for profit or advantage.”
Duty to report
Under Chapter 53 of Idaho’s Adult Abuse, Neglect, and Exploitation Act, people have a duty to report any cases of abuse or exploitation of adults who are considered vulnerable, and this responsibility extends to employees of financial institutions. Failure to make a report is a misdemeanor, which could result in up to six months in jail, a fine of up to $1,000, or both. When reported in good faith, this precludes any civil or criminal liability.
Charges for the responsible parties
If an investigation finds that the exploitation has caused “serious imposition on the rights of the vulnerable adult,” law enforcement will be notified. Another investigation will then be opened to determine if criminal charges are necessary.
According to state statute 18-1505, anyone who is found guilty of exploiting a vulnerable adult has committed a misdemeanor. However, if the monetary damage is over $1,000, this becomes a felony. Penalties could include a prison sentence of up to 10 years and a fine of up to $25,000.
What rights do victims have?
Other than providing information and possibly testifying, victims of elder fraud do not have a lot of influence over criminal cases. But they do have a right to seek any money taken from them. If you believe the illegal actions of a broker or financial manager resulted in the loss of funds, you may be able to reclaim those losses through litigation or arbitration.
To find out if these options can help you, an elder fraud attorney can assess your situation and give you the information you need. Contact the Silver Law Group to discuss your case with an experienced elder fraud lawyer. Call us at 800-975-4345 or just use our online form to send us a message.
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