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720 ILCS 5/17-56

Financial Exploitation of an Elderly or Person with Disability

 

  • Up to Class 1 Felony
  • 4-15 years in prison
  • Fine up to $25,000
  • Call for more details

Understanding Financial Exploitation of an Elderly Person or a Person with a Disability in Illinois

Financial exploitation of an elderly person or a person with a disability is a serious offense in Illinois. This crime involves the misuse, control, or theft of an elderly person’s or a person with a disability’s financial resources, often through deception, coercion, or manipulation. A conviction for this offense can lead to severe legal consequences, including imprisonment, fines, and a permanent criminal record.

 

What Constitutes Financial Exploitation of an Elderly Person or a Person with a Disability in Illinois?

Under Illinois law, financial exploitation of an elderly person or a person with a disability is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/17-56. The offense occurs when an individual knowingly:

 

  • Misuses Financial Resources: Takes control of or misuses the financial assets of an elderly person or a person with a disability, with the intent to deprive them of the use or benefit of those assets.
  • Deceives or Coerces: Uses deception, intimidation, or undue influence to gain control over the financial resources of an elderly person or a person with a disability.
  • Without Consent or Legal Authority: Acts without the consent of the elderly person or person with a disability, or exceeds the authority granted by law or a legal document, such as a power of attorney.

Examples of Financial Exploitation Under 720 ILCS 5/17-56

Here are specific examples of financial exploitation of an elderly person or a person with a disability as defined under Illinois law:

 

Coercing an Elderly Person to Sign Over Property

  • Statute: 720 ILCS 5/17-56(a)
  • Description: Using threats or manipulation to force an elderly person to transfer ownership of their home or other valuable property.

Misusing a Power of Attorney

  • Statute: 720 ILCS 5/17-56(b)
  • Description: An individual with power of attorney withdraws large sums of money from a person’s bank account for personal use, beyond what is authorized.

Fraudulently Accessing an Elderly Person’s Bank Accounts

  • Statute: 720 ILCS 5/17-56(a)
  • Description: Gaining unauthorized access to an elderly person’s bank accounts and diverting funds for personal gain.

Penalties for Financial Exploitation in Illinois

The penalties for financial exploitation of an elderly person or a person with a disability in Illinois can vary depending on the value of the assets involved and the severity of the exploitation. The penalties can include:

 

Class 1 Felony (for assets valued at $100,000 or more):

  • 4 to 15 years in prison
  • Fines of up to $25,000
  • Possible restitution to victims and extended probation

Class 2 Felony (for assets valued between $5,000 and $100,000):

  • 3 to 7 years in prison
  • Fines of up to $25,000
  • Additional penalties if the exploitation involved significant harm or loss

Class 3 Felony (for assets valued less than $5,000):

  • 2 to 5 years in prison
  • Fines of up to $25,000
  • Probation and mandatory restitution to the victim

In addition to these legal penalties, a conviction for financial exploitation can result in a permanent criminal record, which can impact employment opportunities, housing, and personal relationships.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of financial exploitation of an elderly person or a person with a disability can be overwhelming, especially given the complexities of these cases and the potential consequences of a conviction. Here’s why Andrew M. Weisberg is the defense attorney you need:

 

  • Expertise in Financial and Elder Law-Related Crimes: Andrew M. Weisberg has extensive experience defending clients against a wide range of financial and elder law-related crimes, including financial exploitation. His background as a former Cook County prosecutor gives him a deep understanding of how these cases are built and prosecuted, allowing him to craft effective defense strategies that challenge the prosecution’s evidence.
  • Strategic and Personalized Defense: Each case of financial exploitation is unique, with its own set of circumstances and challenges. Mr. Weisberg meticulously examines the details of your case, identifying any weaknesses in the prosecution’s evidence and developing a defense strategy tailored to your specific situation.
  • Aggressive Courtroom Advocacy: Known for his aggressive courtroom advocacy, Mr. Weisberg is a strong defender of his clients’ rights. He challenges the prosecution’s evidence, cross-examines witnesses, and works tirelessly to secure a favorable outcome, whether through negotiation, reduction of charges, or acquittal.
  • Compassionate and Confidential Client Support: Facing criminal charges can be stressful, but Mr. Weisberg provides not only expert legal representation but also compassionate and confidential support throughout the legal process. He ensures that your case is handled with discretion and that you are fully informed and supported every step of the way.

Contact Andrew M. Weisberg today for a free consultation to discuss your case involving financial exploitation of an elderly person or a person with a disability and learn how he can help protect your rights and fight for the best possible outcome.