IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA

Similar documents
IN THE THIRD DISTRICT COURT - ALL DEPARTMENT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH AFFIDAVIT FOR SEARCH WARRANT

AFFIDAVIT IN SUPPORT OF AN ARREST WARRANT. BEFORE ME,, a Judge of the Circuit Court of

Case 1:17-mj JFK Document 1 Filed 02/04/17 Page 1 of 5 UNITED ST ATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA

Case 4:15-mj DHH Document 7-1 Filed 11/30/15 Page 1 of 5 AFFIDAVIT OF SPECIAL AGENT JENNIFER L. WEIDLICH

Case 1:17-mj KSC Document 2 Filed 10/16/17 Page 1 of 13 PageID #: 1 BY ORDER OF THE COURT UNITED STATES DISTRICT COURT DISTRICT OF HAWAII

United States District Court

Adult Protective Services Referrals Operations Manual. Developed by the Department of Elder Affairs And The Department of Children and Families

United States District Court

Information in State statutes and regulations relevant to the National Background Check Program: Arkansas

Criminal Investigations for Patrol and CID

No AN ACT. Providing for Statewide nurse aide training programs relating to nursing facilities.

Florida Crime Prevention Training Institute Schedule of Florida Elder Crime Practitioner Training

Policy S-2 FLORIDA STATE UNIVERSITY COLLEGE OF NURSING Page 1 of 2 TITLE: CRIMINAL BACKGROUND CHECK

Adult Protective Services Referrals Operations Manual

VOLUSIA COUNTY SHERIFF'S OFFICE INTERNAL AFFAIRS REPORT OF INVESTIGATION REPORT NUMBER: IA

Virginia Medicaid Fraud Control Unit

Police may conduct these checks. The following is a summary of various methods used for background checks and the requirements for each.

Information in State statutes and regulations relevant to the National Background Check Program: Washington

Mandatory Reporting Requirements: The Elderly Oklahoma

Campus Crime & Security Report Harrisburg Campus

CountyCare Critical Incident Reporting Form

STATE OF LOUISIANA : ORLEANS CRIMINAL DISTRICT COURT VERSUS : PARISH OF ORLEANS

Virginia Beach Police Department General Order Chapter 8 - Criminal Investigations

Tennessee Commitment Law for Psychologists. JOHN B. AVERITT, PH.D. OCTOBER 28, 2015

MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY SECURITY GUARD PERMIT APPLICATION

Volunteer Application Packet

CHAPTER 411 DIVISION 020 ADULT PROTECTIVE SERVICES GENERAL

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

CHAPTER 411 DIVISION 20 ADULT PROTECTIVE SERVICES -- GENERAL

NO Tallahassee, April 5, Mental Health/Substance Abuse INCIDENT REPORTING AND PROCESSING IN STATE MENTAL HEALTH TREATMENT FACILITIES

NURSING REVIEW BOARD

Volunteer Application

Mandatory Reporting Requirements: The Elderly Rhode Island

(PLEASE PRINT) Sex M F Age Birthdate Single Married Widowed Separated Divorced. Business Address Business Phone Cell Phone

RULES AND REGULATIONS OF THE MAINE STATE BOARD OF NURSING CHAPTER 4


BOARD OF EDUCATION POLICY MANUAL TABLE OF CONTENTS SECTION 3 - GENERAL SCHOOL ADMINISTRATION. 3:30 Line and Staff Relations/Succession of Authority

MEDICAL UNIVERSITY OF SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY

STATE OF FLORIDA DEPARTMENT OF. NO TALLAHASSEE, April 1, Safety INCIDENT REPORTING AND ANALYSIS SYSTEM (IRAS)

Melbourne Beach Volunteer Fire Department FIREFIGHTER VOLUNTEER APPLICATION PACKAGE

Frequently Asked Questions

12.6 Domestic Violence, Protective Orders, and Peace Orders

x

Subject CASINO ENTERTAINMENT DISTRICT. 1 July By Order of the Police Commissioner

Impact of the Gang Injunction on Crime in Hawaiian Gardens

Bedford County Deputy, Patrol Division

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 99. Short Title: The Antidiscrimination Act of (Public)

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA. Plaintiff, CASE NO.

MARENGO HIGH SCHOOL DISTRICT POLICY MANUAL TABLE OF CONTENTS GENERAL SCHOOL ADMINISTRATION

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA. Jury Trial Demanded COMPLAINT

Policy and Procedures

SHERIFF OF GARFIELD COUNTY LOU VALLARIO

WAKE FOREST BAPTIST HEALTH NOTICE OF PRIVACY PRACTICES

REGISTERED OFFENDERS IN HEALTH CARE FACILITIES

NOTICE OF PRIVACY PRACTICES

Alameda County District Attorney's Policy. for Use of Cell-Site Simulator Technology

NOTICE OF PRIVACY PRACTICES

NOTICE OF HOSPICE EL PASO S PRIVACY PRACTICES

SUMMARY OF THE CIRCUMSTANCES AND PURPOSES FOR WHICH YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED

PROGRAM ANNOUNCEMENT

For detailed information regarding the programs and services, as well as information about the Department itself, please visit

Ancillary Organizations Explorer Program Effective Date: Supersedes: References: CRS, P&P-A-107

For detailed information regarding the programs and services, as well as information about the Department itself, please visit

DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC

CHAPTER 63D-9 ASSESSMENT

GUADALUPE COUNTY SHERIFF S OFFICE TRAINING FACILITY

Crime Identification Bureau (CIB) Background Checks. Bureau for Children and Families. Policy Manual. Chapter December 2005

Reporting Elder Financial Abuse & Misappropriation

STATE OF FLORIDA DEPARTMENT OF HEALTH ORDER OF EMERGENCY RESTRICTION OF LICENSE. Celeste Philip, M.D., M.P.H., State Surgeon General, ORDERS the

Ashland Hospital Corporation d/b/a King s Daughters Medical Center Corporate Compliance Handbook

Catholic Charities Disabilities Services. In-Home Behavioral Support Services (2017)

Center for Medicaid, CHIP, and Survey & Certification/Survey & Certification Group

COURT MARTIAL MEMBER QUESTIONNAIRE

TIMOTHY T. WILLIAMS, JR.

CHILDREN S ADVOCACY CENTER, INC. CRAWFORD COUNTY PROTOCOL OF SERVICES

Older Adults Protective Service Act Protective Services Office February 2018

Case 1:18-mj ML Document 12 Filed 04/09/18 Page 1 of 8 EXHIBIT 4

City of Claremont, New Hampshire Position Description

SMALL BUSINESS FAÇADE, SITE IMPROVEMENT AND ADAPTIVE REUSE PROGRAM APPLICATION CHECKLIST

SHREWSBURY POLICE DEPARTMENT

3/20/2014. Time sheets should be signed:

Report Exec Administrator

2m3 OCT 24 pn 2: 19 TEXAS-EASTER:!

If you have any questions about this notice, please contact our privacy officer Dr. Jev Sikes at

HIPAA Notice of Privacy Practices

INFORMED CONSENT FOR TREATMENT

If applying for Testing Accommodations under the Americans with Disabilities Act (ADA):

PATIENT NOTICE OF PRIVACY PRACTICES Effective Date: June 1, 2012 Updated: May 9, 2017

County Pretrial Release Programs: Calendar Year 2013

HEALTH GENERAL PROVISIONS CAREGIVERS CRIMINAL HISTORY SCREENING REQUIREMENTS

Texas Mental Health Law

$1.7 million grant award for mobile communications center and portable radio tower

Sign and return included forms. (Authorization to Release Information Form, Background Check Form and Vehicle Use Agreement)

Annual Security Report and Crime Statistics

San Diego State University Police Department San Diego State University CA Policy Manual

Catholic Charities Disabilities Services 2017 Family Reimbursement Grant For Respite Funds 1 Park Place, Suite 200 Albany, NY (518)

The following are clues for recognizing signs of physical elder abuse. It is not intended to be exhaustive.

RED FLAGS IDENTITY THEFT PREVENTION PROGRAM. For purposes of the Program, the following terms are defined as:

LEGAL/CRIMINAL CONVICTIONS

Exhibit 1 Racial Profiling Quarterly Report October 1, 2014 thru December 31, 2014

Transcription:

IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA AFFIDAVIT IN SUPPORT OF ARREST WARRANT BEFORE ME,, Judge of the Circuit Court, in and for Martin county, Florida, personally appeared LAW ENFORCEMENT INVESTIGATOR II LAWRENCE SIBLEY of the Florida Attorney General s Medicaid Fraud Control Unit, who being first duly sworn, deposes and says that he has reason to believe that certain laws of the State of Florida have been violated, in particular: F.S. 825.103(1) and (2)(c), Exploitation of an Elderly Person; F.S. 817.61, Fraudulent Use of a Credit Card; and F.S. 817.60(1), Theft of a Credit Card, and that the facts tending to establish probable cause for this application are as follows: Your Affiant has been employed as a Law Enforcement Investigator II with the Office of the Attorney General, Department of Legal Affairs, State of Florida, currently assigned to the Medicaid Fraud Control Unit (MFCU) since February 15, 2000. Prior to being with the MFCU, your Affiant was a police officer with the New York City Police Department for over 22 years. For 12 years your Affiant held the position of Detective in the Crimes Against Persons and Robbery units. Your Affiant has supervised (as lead investigator), conducted and/or participated in all types of criminal investigations, including homicides, sexual assaults, robberies, burglaries, child abuse, and fraud. BACKGROUND Medicaid is the state and federal partnership that provides health coverage for selected categories of people with low incomes. Its purpose is to improve the health of people who might otherwise go without medical care for themselves and their children. The MFCU exists to investigate and uncover Medicaid fraud that occurs in the State of Florida. The MFCU may investigate any criminal violations discovered during the course of those investigations, pursuant to Florida Statutes 16.59 and 409.920(8)(a). The MFCU is also empowered to investigate abuse, neglect and exploitation of the elderly or disabled. The MFCU is under the authority and supervision of the Office of Page 1 of 5

the Attorney General of the State of Florida. This Affidavit details an investigation by the MFCU into the exploitation of an elderly person residing at a nursing home located in Martin county, Florida. The exploitation was committed by one of the staff members, AMANDA MARIE ECKHARDT. She is the subject of this probable cause affidavit. INVESTIGATION Your Affiant s investigation revealed the following: 1. The victim, T.M., is a 77-year-old Medicaid recipient who suffers from the infirmities of aging as manifested by advanced age to the extent that her ability to provide adequately for her own care or protection is impaired. T.M. is an elderly person as defined by Florida Statutes 825.101(5). 2. T.M. has been a resident of Martin Nursing and Restorative Care Center (Martin Nursing), a nursing home located at 6011 SE Tower Drive, Stuart, Martin county, Florida, for approximately three years. 3. AMANDA MARIE ECKHARDT is licensed as a Certified Nursing Assistant (CNA) by the Florida Department of Health (DOH). She was employed in this capacity by Martin Nursing during the period in question. 4. On or about January 16, 2007, T.M. s son notified Martin Nursing that T.M. s Visa credit card was missing and that several unauthorized charges had been made on the card. 5. Thereafter, the administrator of Martin Nursing notified the staff that T.M. s credit card had been stolen and that law enforcement had been notified of the incident. Approximately a week later, the credit card was anonymously left inside of a supervisor s office at the facility. 6. Your affiant s interview of T.M., T.M. s son, and a review of the credit card statement and other documents reveals that the last authorized transaction on T.M. s credit card occurred on December 31, 2006. Thereafter, unauthorized transactions occurred on January 7, 2007, January 11, 2007, twice on January 14, 2007 and three times on January 15, 2007. Page 2 of 5

7. The unauthorized transactions are itemized as follows: a. January 7 True.com $52.49 (charges later reversed) b. January 11 True.com $52.98 c. January 14 True.com $1.03 d. January 14 Sunoco $11.00 e. January 15 McDonald s $6.70 f. January 15 Visa $0.50 g. January 15 Wal-Mart $36.59 8. Your affiant obtained records from True.com, an online dating service, which identified the IP address from which the website was accessed. The IP address obtained was cross-referenced through BellSouth records and identified Charles Eckhardt, 2570 SE Madison St., Stuart, FL as the owner of the IP address. The investigation revealed that Charles Eckhardt is subject AMANDA MARIE ECKHARDT s father and she lives with him at that same address. 9. Further review of True.com records revealed that the date of birth associated with the account, February 25, 1985, matches subject AMANDA MARIE ECKHARDT s date of birth. Moreover, the subject profile used in the creation of the True.com account lists the individual as 5'5" with a few extra pounds who is a healthcare worker with the username peachbelle85. 10. The subject, AMANDA MARIE ECKHARDT, was questioned by your affiant and though she denied wrongdoing, she did admit that her username for her email account is peachbelle85 and that she was one of T.M. s caregivers at Martin Nursing. 11. As part of the investigation, your affiant was able to determine that the Sunoco, McDonald s and Wal-Mart where the unauthorized credit card charges were made are all located in Stuart, Martin county, Florida. 12. Your affiant also obtained and reviewed a surveillance video from Wal-Mart for the January 15 unauthorized transaction which depicts a white female matching subject AMANDA MARIE ECKHARDT s description wearing a nurse type blouse purchasing several goods with T.M. s credit card. Page 3 of 5

13. T.M. advised your affiant that at no time did she give AMANDA MARIE ECKHARDT or anyone else permission to use T.M. s credit card. SUMMARY Based upon the totality of the circumstances, your Affiant has probable cause to believe that on or between January 1, 2007 and January 15, 2007, AMANDA MARIE ECKHARDT did commit the offense of Exploitation of an Elderly Person, in that she did, while standing in a position of trust and confidence with T.M., an elderly person, knowingly, by deception or intimidation, obtain or use, or endeavor to obtain or use, the funds, assets, or property of T.M., to wit: a Visa credit card, which had a value of less than $20,000, with the intent to temporarily or permanently deprive T.M., of the use, benefit, or possession of the funds, assets, or property, for the benefit of someone other than T.M., contrary to Florida Statutes 825.103(1) and (2)(c). Your Affiant further has probable cause to believe that on or between January 7, 2007 and January 15, 2007, AMANDA MARIE ECKHARDT did commit the offense of Fraudulent Use of a Credit Card, in that she did unlawfully and knowingly obtain or purchase or attempt to obtain or purchase money, goods, property or services, more than twice during the six month time period between January 7, 2007 and January 15, 2007, by the use of a credit card or credit device which had been issued to T.M. without the authority of T.M., contrary to Florida Statutes 817.61. Your Affiant further has probable cause to believe that on or between January 1, 2007 and January 7, 2007, AMANDA MARIE ECKHARDT did commit the offense of Theft of a Credit Card, in that she did unlawfully and knowingly take a credit card from the person, possession, custody or control of T.M. without the consent of T.M. or did, with knowledge that it had been so taken, receive the credit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or T.M., contrary to Florida Statutes 817.60(1) and against the peace and dignity of the State of Florida. WHEREFORE, your Affiant prays that an Arrest Warrant be issued commanding the Sheriffs of the State of Florida, all and singular, their Deputies, the Commissioner of Page 4 of 5

the Florida Department of Law Enforcement, any of his duly constituted agents, the Attorney General s Director of Medicaid Fraud and his duly appointed Law Enforcement Investigators and all Florida police officers with the proper and necessary assistance, to arrest AMANDA MARIE ECKHARDT. INVESTIGATOR LAWRENCE SIBLEY, AFFIANT Sworn to and subscribed before me this day of, 2007. CIRCUIT JUDGE IN AND FOR MARTIN COUNTY Page 5 of 5