Former caretaker convicted of ripping off elderly woman.
Chris Dettro
September 25, 2009
The State Journal-Register (IL)
http://www.sj-r.com/breaking/x1789529010/Former-caretaker-convicted-of-ripping-off-elderly-woman
The former caretaker for a 93-year-old retired Springfield physician has been convicted of taking hundreds of thousands of dollars from the woman.

Sandra Gayle, 65, of Springfield was convicted of financial exploitation of the elderly and financial exploitation of a person with a disability. A Sangamon County jury deliberated a little more than an hour Friday before returning the verdict.

Prosecutors introduced testimony over the course of the four-day trial to show that Gayle used her own family to gain the trust of the doctor. Gayle, who had the victim’s power of attorney, then “gifted” easily more than $300,000 from the doctor’s bank account to herself, relatives and friends, testimony indicated.

Gayle could receive from 4 to 15 years in prison when she is sentenced Nov. 19 by Associate Judge John Mehlick. Her crimes also are probationable.

Assistant state’s attorney Jay Magnuson, who along with assistant state’s attorney Karen Tharp prosecuted the case, said both Gayle and the doctor told the doctor’s attorney in 2006 to issue a document to the doctor’s financial adviser to transfer money from the doctor’s account.

The money was to be used to pay off $71,000 in student debt owed by Gayle’s daughter, to set up $30,000 college funds for two of Gayle’s grandchildren and to provide $12,000 gifts to six of Gayle’s relatives.

Gayle also wrote $114,000 in checks to herself while she was receiving free room and board and being paid $1,344 a week to care for the doctor.

In March 2007, Gayle herself presented a document to the financial adviser calling for six more gifts to be made to friends and relatives, for more money to be put into college accounts and for a $525,000 reserve to be made available to Gayle.

The adviser contacted Senior Services of Central Illinois and the state Department of Aging. Ultimately, Springfield attorney Kevin McDermott was appointed the doctor’s guardian.

Magnuson said that after Gayle was removed from the doctor’s home and arrested, the doctor’s new nurse was asked to get the doctor’s financial records and put them on a table so the doctor could review them.

The nurse testified that, after a while, the doctor swept the records onto the floor with her forearm and began crying.

Gayle’s attorney, Jason Vincent, argued that Gayle was only doing what the victim wanted her to do. She had the approval of the doctor’s financial adviser, attorney and accountant, he said.

Gayle did not testify.

Magnuson said the Gayle case is the first financial exploitation of the elderly case to go to trial in Sangamon County in the 14 years he has been a prosecutor here.

Trial begins for caretaker accused of fraud.
Chris Dettro
September 23, 2009
The State Journal-Register (IL)
http://www.sj-r.com/homepage/x2024000522/Trial-of-caretaker-in-financial-fraud-case-opens
Caretaker Sandra Gayle convinced a retired Springfield pathologist that Gayle and her family were the only ones she could trust — then took “hundreds of thousands of dollars” from the woman, a prosecutor said. Tuesday.

Assistant state’s attorney Karen Tharp said in opening statements in Gayle’s trial on financial exploitation charges that Gayle, 65, “gifted” more than $300,000 from the 93-year-old doctor’s bank account to herself and her family members. Gayle also paid personal bills with the doctor’s money, Tharp said.

Defense attorney Jason Vincent said the evidence will show that Gayle, who began caring for the physician in January 2004, did everything on the up-and-up.

Vincent said the doctor had a financial adviser, an attorney and an accountant, and “Gayle would take her (the doctor) to their offices and lay everything out for them.”

“It was (the doctor’s) decision to do these giftings, not Sandra Gayle’s,” he said.

Gayle is accused of financial exploitation of the elderly and financial exploitation of a disabled person. She allegedly took money from the victim, who has no known heirs and assets of at least $2 million, between Nov. 24, 2004, and April 12, 2007. Gayle received free room and board at the woman’s house while drawing a salary of $1,344 a week.

Vincent said that amounted to little more than $8.50 an hour, considering that Gayle was on duty 24 hours a day, seven days a week.

He said there was no gifting after the doctor was diagnosed with dementia in June 2007.

Tharp said Gayle got a gift of $12,000 in November 2004 and another $12,000 in January 2005.

Gayle then met with the doctor’s financial adviser and told him to transfer large sums — as much as $160,000 — from the victim’s investment accounts to her bank account.

“That money is now accessible to the defendant,” Tharp said. “She undertook a duty to act in the best interests of (the victim), not in her own best interests.”

Tharp said Gayle used the doctor’s money to pay off loans taken out by Gayle’s sister and brother-in-law and to set up education accounts for her grandchildren, including $30,000 college accounts.

Tharp said witnesses who had known the victim for several years will testify about behavioral changes they saw in the doctor.

Vincent said evidence will show that Gayle and the victim became close and that Gayle tried to facilitate lifetime friendships that the doctor wished to maintain.

The trial, with Associate Circuit Judge John Mehlick presiding, is expected to conclude toward the end of the week.