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