Family members charged in theft of elderly Oregon woman’s assets

Elderly fraud victim amazed and pleased at outpouring of good wishes and offers of help
Kathleen Glanville
August 31, 2009
The Oregonian
http://www.oregonlive.com/news/index.ssf/2009/08/elderly_fraud_victim_amazed_an.html
Evelyn Roth, 83, said Monday she’s collecting all the comments from readers who were moved by the story of how she lost everything to relatives now charged with stealing from her as she lay near death.

“I never realized that people would respond like that,” Roth said. “A lot of people have had a lot of troubles too.”

Friday’s story in The Oregonian detailed how Roth’s cousin and niece face multiple felony charges for allegedly wiping out the elderly woman’s savings as Roth underwent treatment for cancer. The article drew a flood of offers from strangers wanting to donate money to Roth. Others wrote seeking guidance on how to help their own elderly parents or grandparents avoid such fraud. The story was picked up nationally, sparking comments from Oregon to Louisiana to Pennsylvania.

In February 2008, Roth’s health was dire after she was diagnosed with a cancerous growth on her esophagus. But she did not die. Instead, she made a remarkable recovery, only to learn her cousin and niece, who had obtained power of attorney while Roth was ill, had sold her Southeast Portland house of 56 years. Police say they deposited the money into Roth’s bank account and then wrote checks to themselves and family. They emptied out her accounts, cashed her annuities and even arranged and prepaid her funeral.

The suspects, Virginia Kuehn, 66, and Kathleen Sue Jingling, 53, last week pleaded not guilty to a 35-count indictment on multiple criminal mistreatment, aggravated theft and first-degree theft charges.

Reader Charles Hall said he was “sickened” to learn what occurred to Roth. “That’s got to be the lowest of lows …Has anyone set up a fund or foundation for this woman. Can we start that? I’d be the first to give.”

Salem resident Michael Robinson asked for a way to reach Roth, writing: “I recently read your article on the terrible story of Evelyn Roth, and I am ashamed to be of the same human race as those callous thieves.”

Portland resident Cindy Livingston called, offering to donate money. “I was like ‘Oh my God! Who would do something like that?” Livingston said. “As a community, I think we need to open a bank account so she can have the barest necessities.”

Louisiana resident Maria Benton, 74, called the paper Monday, saying “This struck me very close to home. I was sympathizing so much with her.” Benton, a onetime successful businesswoman, said she was defrauded by people she thought were friends after suffering a brain injury from a car accident 23 years ago. “I admire her for fighting to get back what she lost, especially at her age.”

When told of the offers Monday, Jeanine Boldt-Ginn, Roth’s close friend and onetime Sunday School student at Trinity Baptist Church, said she doesn’t think a special fund is necessary. Boldt-Ginn now has Roth’s power of attorney and helped Roth unravel the mess that led to arrests in the case. She said they’re working with an attorney to try to retrieve at least a third of the approximately $310,000 that was stolen from Roth, and hope to use that to move Roth into a Gresham assisted-care facility. where she’d prefer to be. Roth is also now covered by Medicaid because of her losses. It’s the legal costs that are adding up, Boldt-Ginn said.

“She’s just pretty excited that there are so many people who are interested and concerned,” Boldt-Ginn said.

Most important, Roth and her friends want others to know there are resources to combat such crimes. Multnomah County adult protective services investigator Irma Mitchell-Phillips, worked closely with Portland Officer Deanna Wesson, who specializes in elder abuse on this case.

“A lot of times, a lot of elderly and vulnerable people think their family is not going to do them wrong, but that’s not the case. We see family involved over and over again,” Mitchell-Phillips said.

When Wesson interviewed the two suspects in Roth’s case, they told her that Roth’s doctor “guaranteed” that Roth was going to die. “You didn’t go along with their plan,” Wesson told Roth recently.

“I just didn’t die,” Roth replied. “I guess I’m just a stubborn old lady.”

Roth said Monday she was amazed when a cook at the Care Center East, where she’s living now, told her that her 7-year-old grandson spotted Roth’s photo in the paper, and said, “Hey, I know that lady!” He asked his grandmother whether he could get Roth’s autograph when he visits her at work because maybe someday she might be a movie star.

Roth said she had a good laugh.

“I do appreciate it all,” Roth said. “Everybody comes to my bedside and wants to read it.”

Cancer Survivor: Kin ‘Robbed Me Blind’
August 28, 2009
AOL News
http://news.aol.com/article/relatives-charged-with-stealing-from/645105
(Aug. 28) – Octogenarian cancer patient Evelyn Roth wasn’t supposed to live. So two relatives took advantage of her dire situation, snapping up all her possessions and selling her home, police and prosecutors said.

Roth’s niece Kathleen Sue Jingling, 53, and cousin Virginia Ann Kuehn, 66, have been indicted on 35 felonies, according to the The Oregonian newspaper. The women pleaded not guilty at their arraignment this week.

Roth’s home of 56 years in Portland, Ore. — gone. The mahogany furniture crafted by her late husband — gone. Her wedding pictures, her Buick, her grandfather clock, more than $100,000 in savings and investments — all gone.

The trouble began when Roth had surgery in February 2008 for what The Oregonian described as a cancerous growth on her esophagus. After surgery, she fell in her home, was hospitalized and then was sent to a nursing home. That spring, she had radiation treatments for the cancer. And on April 24, she gave Kuehn and Jingling power of attorney.

An officer said Jingling later told her the doctor “guaranteed” that Roth was dying.

But as Roth recovered, she starting hearing rumors of a “For Sale” sign on her lawn. A former Sunday school student of hers helped start unraveling what happened to her belongings and her money while she was ill.

The self-described “stubborn old lady” has surprised authorities with her high spirits, despite her losses, but she told the newspaper she is determined to see her relatives jailed.

“They robbed me blind,” Roth said. “Everything was for money, just to get money, money, money. That’s not the way it should be.”

Dying woman recovers, says relatives “robbed me blind”
Maxine Bernstein,
August 27, 2009
The Oregonian
http://www.oregonlive.com/news/index.ssf/2009/08/elderly_woman_says_her_relativ.html
Shortly after two women gained power of attorney from a dying 83-year-old relative, they took all of her possessions and sold her house of 56 years, police said.

The pair pocketed the $235,000 from the house sale and cleaned out the elderly woman’s bank accounts and savings, sharing the money among themselves and family members, police and prosecutors say. They also arranged and pre-paid for her funeral.

However, Evelyn Roth made an amazing recovery and had no idea what her relatives were up to.

Now the two suspects, Roth’s cousin Virginia Ann Kuehn, 66, and her niece Kathleen Sue Jingling, 53, face a 35-count felony indictment charging them with first-degree criminal mistreatment, aggravated theft and first-degree theft.

They’ve pleaded not guilty.

Roth, a sprightly white-haired woman with a ready laugh and remarkable memory, showed up at Multnomah County Circuit Court for her relatives’ arraignment this week. Portland Officer Deanna Wesson, who investigates elder abuse, wheeled Roth up to the judge so she could explain what happened.

“They robbed me blind,” Roth said. “Everything was for money, just to get money, money, money. That’s not the way it should be.”

Roth said she pursued criminal charges because she’s lost her savings and all her possessions to relatives who betrayed her trust. “I think they need to be taught a lesson. … I feel like I helped raise Virginia. That’s why it hurts so bad.”

Jingling’s lawyer, Daniel Lorenz, said his client may have received poor advice from another attorney and is working “to put matters in as good a situation as possible.” Kuehn’s lawyer, Pat Birmingham, declined to comment.

Roth, a Portland native, had lived on her own in her Southeast Kelly Street house since her husband, Bob, died 26 years ago.

She had worked for 35 years as the U.S. Bank branch near Southeast Milwaukie and Powell Boulevard. She loved the job and got to know her customers well. She also taught Sunday School at the Trinity Baptist Church.

In February 2008, she fell ill. A doctor removed a cancerous growth from her esophagus. Kuehn took her to the hospital for the outpatient surgery and drove her back home. But no one ever checked on Roth after that.

The day after the surgery, Roth fell and wasn’t discovered until four days later. Phillip Klein visited the house, concerned because his friend hadn’t shown up for their weekly dinner date.

Police found Roth on the floor, severely dehydrated, confused and suffering from delusions. She was hospitalized for two weeks and then placed in a nursing home. Through the spring of 2008, she continued to receive radiation treatments for cancer.

On April 24, she signed over the power of attorney to Kuehn and Jingling. She remembers them wheeling her to a nearby bank to get it notarized.

“I kept insisting, ‘I want to take care of my bills. I can take care of myself,’” Roth recalled. “They said, ‘We have to be able to take care of you if you get sick.’”

Four days later, Kuehn and Jingling each wrote $12,000 checks to themselves out of Roth’s account, Wesson said.

About the same time, Jeanine Boldt-Ginn, the daughter of one of Roth’s close friends, helped her mother track Roth down.

They found Roth at Care Center East and became reacquainted.

Roth’s health steadily improved, surprising her doctors. By the fall 2008, Roth began hearing from her neighbors that a “For Sale” sign was up outside her home, and her relatives seemed to be cleaning it out.

Roth didn’t believe it. “I said, ‘Well, they can’t sell it because I haven’t signed anything.’ I had no idea what was all going on, just what the neighbors saw.”

Police said Kuehn and Jingling sold the house for $235,000 in October 2008, deposited the money into Roth’s bank account and then promptly spent all of it, writing checks to themselves and other family members. They cleaned out $35,000 in her checking account and cashed her two annuities totaling $88,000.

They also cleaned out all of Roth’s belongings — her antique china and glassware collection, her silverware, the mahogany furniture her husband made, their wedding pictures, a 7-foot-tall grandfather clock.

They sold her Buick Park Avenue.

Boldt-Ginn, who remembers having Roth as her Sunday School teacher when she was 5, and her husband, Jim Ginn, worked tirelessly to help Roth unravel what had happened to her belongings. They got county adult protective services investigator Irma Mitchell-Phillips and police to investigate.

“My mom said, ‘I know the Lord brought us back here so we can help you,’” Boldt-Ginn recalled.

When Wesson interviewed the accused, they said they had sold Roth’s house and belongings to avoid probate. Jingling kept saying that Roth’s doctors had “guaranteed us” that Roth would die, Wesson recalled.

Wesson described the suspects as cold and callous, who never showed concern for Roth’s well-being.

Police, prosecutors, county investigators and others who’ve met Roth said they’re amazed at how she kept her spirits up, despite her losses.

She said she wants to see her relatives go to jail.

“I guess I’m just a stubborn old lady.”