Nevada Elder Fraud Statutes
Nevada statute 200.5092 defines exploitation as “any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:
Obtain control, through deception, intimidation or undue influence, over the older person’s or vulnerable person’s money, assets or property with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property; or
Convert money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property.”
If someone knows or has reason to believe that an older person is being exploited, they have an obligation to make a report to law enforcement or to the office of the Aging and Disability Services Division of the Department of Health and Human Services, as per Nevada statute 200.5093.
This report has to contain the names and addresses of both the alleged victim and the person who may have exploited him or her. It also needs to describe the nature and extent of the exploitation. When reported in good faith, the person who makes the report will receive immunity from criminal or civil liability.
Elder fraud penalties
According to Nevada statute 200.5099, there are different penalties for exploitation depending on the value of the assets involved.
- If the value is less than $650, this a gross misdemeanor, punishable by up to a year in jail and/or a fine of $2,000
- If the value is $650 or more but less than $5,000, this is a category B felony. This comes with a prison sentence between 2 and 10 years and/or a fine of up to $10,000
- If the value is $5,000 or more, this is also a category B felony. In this case, the person could get a prison term between 2 and 20 years and/or a fine of up to $25,000
The Silver Law Group may be able to help victims of elder fraud or exploitation recover lost funds. And because we are a contingency-based firm, we won’t expect any fee unless we are successful. Call us toll-free at 1-800-975-4345 or just fill out our online contact form.
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