1. MAT HECK, JR. PROSECUTING ATTORNEY KERRY SMOOT, CHIEF INVESTIGATOR
C.A.A.N.E Stakeholder Series
August 22, 2018
MAT HECK, JR.
PROSECUTING ATTORNEY
KERRY SMOOT,
CHIEF INVESTIGATOR

2. Montgomery County Prosecutor’s Office
Combatting Elder Abuse
Office of Mat Heck, Jr.
Prosecuting Attorney

3. Types of Abuse Prosecutions fall into three groups: Physical Neglect
Financial
Name, address, telephone number, driver’s license number, SSN, birth certificate, place of employment, financial account numbers, PINs, password and credit card number
Office of Mat Heck, Jr.
Prosecuting Attorney

4. Adult Protective Service Law
O.R.C. §
Mandatory reporters:
Attorneys Medical Professionals Social workers, counselors & therapists
Firefighters Ambulance drivers EMT's & Paramedics
Peace officers Coroners Clergy
Any other person who is a senior service provider
NEW Mandatory reporters: Effective September 29, 2018
CPA's or Public accountants Real Estate Brokers or Salespeople
Notary's Bank Employees
Investment Advisors Financial Planners
Office of Mat Heck, Jr.
Prosecuting Attorney

5. Adult Protective Service Law
Notifying Those Mandated Reporters
Dear Recipient,
On September 29, 2018, a new law, ORC § , will go into effect in Ohio regarding mandatory reporting of suspected Elder Abuse. You are receiving this letter because you have been included as a group that is subject to the new law. The law requires that any suspected Elder Abuse be reported to the County Department of Job and Family Services (CDJFS). CDJFS will then initiate a formal investigation.
The report of abuse will not be a public record. There will be penalties for failure to report the suspected abuse. This law does not identify any exceptions to the reporting requirement.
My office is offering to provide a presentation on this new law. Please contact my Chief Investigator, Kerry Smoot at or if you are interested in a presentation or for further information.
Very truly yours,
Office of Mat Heck, Jr.
Prosecuting Attorney

6. Physical and Neglect Prosecutions:
Types of Abuse
Physical and Neglect Prosecutions:
2018 CR 2391 – Kevin Johnson
2018 CR 1802 – Dikki Crane
2013 CR 2542 – Jean Paul Mpanurwa
2013-CR-3378 – Marcus Fox
Office of Mat Heck, Jr.
Prosecuting Attorney

7. Financial Exploitation Prosecutions:
Types of Abuse
Financial Exploitation Prosecutions:
2018 CR 2823 – Carolyn Begley
2018 CR 1771 – Dale Inman
2017 CR 0152 – Kevin Bridgewaters
2013 CR 2585 – Michelle Gavin
1994 CR 0389 – John D. Schlosser
2007 CR 1737 – Timothy Stauffer
Office of Mat Heck, Jr.
Prosecuting Attorney

8. Financial Enhancement Protecting Elderly
Theft – Ohio Revised Code
F5 > $1000 but < $7,500
F4 > $7500 but < $150,000
F3 > $150,000 but < $750,000
F2 > $750,000 but < $1,500,000
F1 > $1,500,000
Elderly/Disabled
F5 < $1000
F4 > $1000 but < $7,500
F3 > $7500 but < $37,500
F2 > $37,500 but < $150,000
F1 > $150,000
Elderly 65 years old
Office of Mat Heck, Jr.
Prosecuting Attorney

9. Reporting Abuse Resources
Montgomery County Adult Protective Services;
Montgomery County Dispatch;
Montgomery County Prosecutor’s Office;
Or, Contact your local law enforcement agency
Office of Mat Heck, Jr.
Prosecuting Attorney

10. INVESTIGATIONS DIVISION
File of Life Program
INVESTIGATIONS DIVISION
Office of Mat Heck, Jr.
Prosecuting Attorney

11. Physical Abuse & Neglect Prosecutions
Main Types of Physical Abuse
Sexual Assaults
Domestic Violence
Neglect
Office of Mat Heck, Jr.
Prosecuting Attorney

12. Physical Abuse & Neglect Prosecutions
Police Investigate
File Charges – Grand Jury
Prosecution
Office of Mat Heck, Jr.
Prosecuting Attorney

13. Physical Abuse & Neglect Prosecutions
Sexual Assault Prosecutions
Victims are usually cognitively impaired
Generally occur in nursing facilities
Treated as victimless prosecutions due to victim’s cognitive ability
Key to prosecutions is immediately preservation of physical evidence
Also, the immediate gathering of a statement from the suspect
Immediate reporting is key
Office of Mat Heck, Jr.
Prosecuting Attorney

14. Physical Abuse & Neglect Prosecutions
Domestic Violence Prosecutions
Victims are usually a parent of grandparent
Generally occur in victim’s homes
Due to the emotional connection, support of family is critical in prosecution
Also, the immediate gathering of a statement from the suspect
Key is to establish an immediate rapport with victim and family
Documentation of injuries and the progression
Office of Mat Heck, Jr.
Prosecuting Attorney

15. Physical Abuse & Neglect Prosecutions
Victim usually alone or with another elder caretaker
Victim’s ashamed of situation and ashamed to ask for help
They have an emotional connection with suspect
Victim’s unable to report neglect due to cognitive ability
Documentation of the victims state and their living conditions are needed
Rapport with the victim is key as they are often ashamed or uncooperative
Office of Mat Heck, Jr.
Prosecuting Attorney

16. Financial Crimes Investigation & Prosecution
Power of Attorney
Estate
Investment
Contractor Fraud
Office of Mat Heck, Jr.
Prosecuting Attorney

17. Financial Crimes Investigation & Prosecution87
Cases
Investigated
$1.1 million
Recovered
$422,000.00
Office of Mat Heck, Jr.
Prosecuting Attorney

18. Financial Crimes Investigation & Prosecution
Office of Mat Heck, Jr.
Prosecuting Attorney

19. Financial Crimes Investigation & Prosecution
INVESTIGATIONS DIVISION
Office of Mat Heck, Jr.
Prosecuting Attorney

20. Financial Crimes Investigation & Prosecution
Complaint
Review complaint
Interview Victim
Subpoena Records
Investigation
Conduct witness/victim interviews
Forensic Accounting of accounts
Collect evidence
Suspect Interview
Prosecution
Diversion
Court Action - Trial/Plea
Restitution
Office of Mat Heck, Jr.
Prosecuting Attorney

21. Financial Crimes Investigation & Prosecution
Financial Exploitation Prosecutions
Obtaining key documentation from medical and financial service providers
Knowledge of family history or of suspect’s history if not related
Is it civil or criminal
Suspects are often family or have emotional connections with victim
Where the actions of the victim impaired or consensual without impairment
Time – investigation takes with concern to the victim’s mental and physical health
Office of Mat Heck, Jr.
Prosecuting Attorney

22. QUESTIONS?
Office of Mat Heck, Jr.
Prosecuting Attorney

23. Contact Information
Kerry Smoot
Chief Investigator
Montgomery County Prosecutor’s Office
301 W Third St.
Fifth Floor
Dayton, Ohio 45402
Office of Mat Heck, Jr.
Prosecuting Attorney