Alameda County Judge Sentenced for Embezzlement of Elderly Neighbor (CA Penal Code 368(d) and 368(e))

Rabin Nabizadeh
October 22, 2013

Former Alameda County Superior Court Judge (name withheld for privacy) has been given five years’ probation in an elder abuse case against a 97-year-old female neighbor. He was arrested on charges of elder abuse and other felony counts; he’d taken a quarter-million dollar loan from the woman and stolen a small amount of other monies from her as well. He effected this crime by gaining power of attorney over the elderly woman and her husband and then proceeding to sell off some of her property. In the end, most of the felony charges against him were dropped and he pled no contest to the allegations of elder abuse and perjury.  Additionally, he has been disbarred in the state of California and has been removed from the bench.

In California, criminal elder abuse laws fall under several different sections of the Penal Code.  What he has pled no contest to is charges pursuant to (CA Penal Code 368(d) and 368(e)), in which a caretaker either steals or embezzles money from someone that they are meant to be taking care of.  Penalties for these particular crimes are harsh.  Penalties for a misdemeanor section d (when the amount is equal to or more than $950.00) charge includes 1 year in county jail and a $1,000 fine or, for a felony count (when the amount exceeds $950.00), up to 4 years in state prison.  Pursuant to section e, given that the amount taken is over $950.00, penalties may include up to 4 years in state prison and a fine not to exceed $1,000.  If the value of the property is not in excess of $950.00, one year in county jail and the same fine.

 

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