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My mom passed on July 21st and this girl started charging on July 22nd. She has changed the mailing address for statements and got a new pin#. After I found out, I stopped the card. They reside in the state of Mississippi and I'm in Louisiana. I went to the police department and they refuse to arrest her because they said she will bail out and said she will pay the bill off. I am so upset because it seems like their are no consequences for this; they make it sound like its okay to do this if you promise to pay it back. Please help...Thanks

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1. As you've already done, contact the credit card issuer not only to find out what they're doing but to ask for any documentation and assistance they can provide for prosecution.

2. Go beyond the local police; research and find out if there's an identity fraud task force, or if the state police handle identity fraud in Mississippi or Louisiana.

I suspect that identity fraud is a time-consuming issue that they'd rather avoid.

3. If you have this person's SS number, you can try contacting the 3 credit reporting bureaus and ask them to add the notation that the specific charge card she used was obtained fraudulently. It should ruin her credit.

4. RLTV (Retirement Living TV) used to air episodes on elder fraud. Comcast removed the channel from my lineup, but you can contact them by locating their website. Their fraud episodes used to provide certain information on elder fraud; e-mail them and ask if they have any suggestions. They might know of more task forces, including on a national basis, that could help.

5. I encountered a similar issue when I contacted local police after someone was making unauthorized charges to a charge account. The police said a report would have to be filed in the jurisdiction where the fraud charges originated, and since Verizon refused to cooperate, I had no idea who made or where the charges were made. Thus, no police cooperation at all.

That's when I called the Michigan State Police and learned they had an Identity Fraud Task Force.

6. If any charges were made online, that involves Internet fraud as well. I'm not sure any more what constitutes wire fraud and whether that could be a charge.

7. Contact the attorney generals of both states and raise not only the issue of ID fraud but the issue of elder abuse. If either state has specific elder law agencies (Michigan does), find out how to contact them and see what they can do.

8. Another step which could get action but might put you at risk is to post about this fraud on the organization that supports user initiated change via the Internet. I thought it was change.net, but apparently not (after a quick check). Someone a few years ago used it to get changes made to a charge initiated by BOA. There was so much of a "crowd" support for this individual and against BoA that it rescinded its proposed extra charges.

9. Unauthorized changing of someone's address might be mail fraud. Contact the Inspector General of the USPO and ask about this. I did when I dealt with the Verizon charges; the USPO has some type of fraud investigation service but I don't recall the details.

10. Does this woman have e-mail? Were any of the charges made online? If so, contact her ISP and inform them of the fraud. Using any ISP for illegal purposes is contrary to the terms of serviced.

11. You might want to contact a private eye to find out how much it would cost to investigate and find out if this is a practice with her. If she's defrauded other older people, there's even a remote possibility a statewide or federal task force might consider RICO charges. Who knows how much she's stolen over the years?

If I can think of anything else, I'll post back. But don't take this "laying down." Go after this snitch.

BTW, I assume this person worked for your mother directly and not through an agency?

And, if you have good documentation and proof, you could consider filing suit against her, on behalf of your mother's estate if you have that authority. I would discuss it with an attorney first though, as more than likely for $4k plus emotional distress, etc. you might have to handle your own lawsuit.
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I hesitate to wade into this but here goes....

Do I have this right......You used the card for cremation expenses?

This caregiver was "holding" your moms credit card at the time of mothers death?

Why was she holding the card? Your mother authorized this? You did?

You gave them cops film of the person commiting fraud and the cops won't pursue this?

I'm about ready to call BS on this.
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What a horrible breach of trust! If this person has $4000 laying around to pay back the card why did she need to steal it in the first place?

Have you spoken to the credit card company? All the companies have fraud departments now. I'd try that.
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They refused to arrest her?! What kind of cops are these guys? Take this straight to the prosecutors office. Is there something I'm missing here?
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I agree with Windyridge, why wasn't she arrested. Many States consider theft of up to $500 a misdemeanor and larger amounts to be a felony. This definitely was a felony.
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First contact the credit reporting agencies:
1) To report her deceased.
2) To report identity theft.
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Unless they can get hard evidence, video of her using the card, etc,it would be hard to prosecute.
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I did go to one of the stores and got a copy of the tape showing her using the card and the police department (which reminds me of Andy Griffith and Barney Five) have it. I am going to research and see if Mississippi has an identity fraud division that would step in. I agree with you, he really seemed like he didn't want to be bothered with the paperwork. One example I noticed was he said he called her and she told him my mom passed in September and I had to remind him that when I came up there, I brought a copy of her death certificate that clearly showed July 21st and the charges started on July 22nd so I confused. I tried to do my homework and contract all the places she used the card at and find out which ones had video surveillance. I'm sure he didn't open the file until I called him back. I have access to my mom's emails and provided them with the copies showing the request to change her address and also asking for a new pin#. I've been getting a lot of push back with the jurisdiction thing because if its across the street, it falls in another county and I would gladly go but my husband had a stroke and now on dialysis and its too much on him to ride for long periods of time. I'm taking it personal because during the time around my mother's death, she knew we were having a hard time paying for everything and I had to cremate her and she was holding my mom's card that had a $10k limit. I probably wouldn't have used it but it would have been my choice.
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Oh no, let me explain
I didn't know anything about the card. Because I live in another state, I wasn't able to get to the hospital when she passed until the next morning (but the sitter stayed with her until the funeral home picked her up) and when I met with her to get her belonging that my mom brought with her to the hospital, she gave me her purse, etc. I barely had enough funds to pay for funeral services so I was forced to cremate her. If I had known about the card, it would have provide an option for me to have verses just having to cremate her. I think she took the card out of her purse before I got there. AND yes, I gave them the film of her using the card and they won't purse this but thanks to (garden artist give a hug), I did reach out to the identity fraud task force in Mississippi and will continue to until something is done.
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You can also report her to the IRS for "undeclared income & forgiveness of debt"
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