Last Updated on September 5, 2020 by SCARS Editorial Team

Congressional Review: Republican Elder Abuse Prevention and Prosecution Act (EAPPA) Signed by President Trump Bearing Fruit In Stopping ScamsScams A Scam is a confidence trick - a crime -  is an attempt to defraud a person or group after first gaining their trust through deception. Scams or confidence tricks exploit victims using their credulity, naïveté, compassion, vanity, irresponsibility, or greed and exploiting that. Researchers have defined confidence tricks as "a distinctive species of fraudulent conduct ... intending to further voluntary exchanges that are not mutually beneficial", as they "benefit con operators ('con men' - criminals) at the expense of their victims (the 'marks')". A scam is a crime even if no money was lost.

On October 18, 2017, Congress Passed The Elder Abuse Prevention And Prosecution Act (EAPPA) Which Was Signed By President Donal Trump.

The goal of the EAPPA is to address financial abuse and exploitation of elders on a national scale.  It is estimated that financial exploitation costs seniors in the U.S. more than $2.9 billion annually (based upon government numbers, but actual amounts are probably 20 to 50 times that number).  The crime is scarcely reported with only one in 44 cases reported to authorities, according to congressional testimony.  The result is that many victims fail to receive the help they need and their abusers go unpunished.  The costs of this crime are often shouldered by the victims’ communities through increased use of government benefits and support so elder abuse prevention is essential to American society.

Scams against the elderly are also bundled under this as well.

Elder financial exploitation covers a broad range of criminalCriminal A criminal is any person who through a decision or act engages in a crime. This can be complicated, as many people break laws unknowingly, however, in our context, it is a person who makes a decision to engage in unlawful acts or to place themselves with others who do this. A criminal always has the ability to decide not to break the law, or if they initially engage in crime to stop doing it, but instead continues. acts perpetrated by individuals and entities, including family members and/or caregivers to strangers.  Financial exploitation includes mail, phone and internet-based scams; abuse of fiduciary powers; healthcare fraudFraud In law, fraud is intentional deception to secure unfair or unlawful gain (money or other assets), or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. A fraud can also be a hoax, which is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a victim.; and theft or use of their property without permission. The EAPPA attempts to approach these crimes with comprehensive data, training, and cooperation.

For an example of how this is being applied look at a recent Money Mule arrest in West Virginia »

The goals of the EAPPA are to:

1. Improve elder abuse data collection at local, state, and federal levels;
2. Improve law enforcement training and technical assistance regarding elder abuse;
3. Provide improved victim assistance to victims of elder abuse;
4. Improve and support federal prosecution of elder abuse; and
5. Create enhanced penalties for those who engage in telemarketing and email scams targeting elders.

The EAPPA seeks to improve elder abuse prevention by addressing some of the issues that contribute to the lack of reporting and prosecution.  It addresses the lack of local government and law enforcement training regarding elder abuse crimes; prosecutors’ hesitance in pursuing elder abuse cases; lack of data for government agencies, prosecutors, and law enforcement on elder abuse crimes; and lack of coordination between law enforcement agencies in pursuing elder abuse cases.

The EAPPA expands the federal crime of the use of telephone calls, emails, text messages, or electronic instant messages to solicit, purchase, or participate in schemes that defraud the elderly!

Schemes to defraud targeted by this law include the following scams:

1. Buy goods or services
2. Romance scams
3. Other phone scams
4. Enter a contest/sweepstake
5. Give charitable donations, gifts or contributions
6. Offer/promote Investment
7. Offer/promote business opportunities or loans
8. Participation in a fraudulent medical study, research study, or pilot study

The law excludes valid or legitimate solicitation through posting, publication or mailing of a catalog/brochure.

Pursuant to the new penalty provisions of the EAPPA, anyone convicted of financial exploitation can lose the equipment used in the crime as well as money and property gained through the crime.

The law requires “the court…order that the defendant forfeits to the United States (1) any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; and (2) any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense.” This can include cars and real estate property.

The EAPPA also directs the Department of Justice, the Attorney General’s office, and other agencies to work together to “create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist states and units of local government in:  investigating, prosecuting, pursuing, preventing, understanding, and mitigating the impact of physical, sexual, psychological abuse; exploitation include financial abuse and scams; and “assessing, addressing, and mitigating the physical and psychological traumaTrauma Emotional and psychological trauma is the result of extraordinarily stressful events that shatter your sense of security, making you feel helpless in a dangerous world. Psychological trauma can leave you struggling with upsetting emotions, memories, and anxiety that won’t go away. It can also leave you feeling numb, disconnected, and unable to trust other people. Traumatic experiences often involve a threat to life or safety or other emotional shocks, but any situation that leaves you feeling overwhelmed and isolated can result in trauma, even if it doesn’t involve physical harm. It’s not the objective circumstances that determine whether an event is traumatic, but your subjective emotional experience of the event. The more frightened and helpless you feel, the more likely you are to be traumatized. Trauma requires treatment, either through counseling or therapy or through trauma-oriented support programs, such as those offered by SCARS. to victims of elder abuse.”

Hopefully, with improved local, state, and federal coordination, increased data collection, and more victim assistance at a national level, we will see a significant decline in scams and schemes targeting our elders.

It should be noted that the act was authored by Republican Senator Chuck Grassley of Iowa – thank you Senator Grassley!

S. 178 – The Elder Abuse Prevention and Prosecution Act Key Provisions

The Elder Abuse Prevention and Prosecution Act (EAPPA) would improve the nation’s response to elder abuse and financial exploitation of seniors. It does so by encouraging the investigation and prosecution of perpetrators who prey upon seniors, enhancing data collection, and supporting robust elder abuse prevention programs.

Key Provisions:

• Ensures that at least one Assistant United States Attorney will be designated to serve as Elder Justice Coordinator in each Federal judicial district. (Each Coordinator would prosecute elder abuse cases but also serve as the judicial district’s point-person on these cases.)
• Calls for FBIFBI FBI - Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, the FBI is also a member of the U.S. Intelligence Community and reports to both the Attorney General and the Director of National Intelligence. A leading U.S. counter-terrorism, counterintelligence, and criminal investigative organization, the FBI has jurisdiction over violations of more than 200 categories of federal crimes, including financial fraud. agents to receive training on the investigation of elder abuse cases.
• Requires the Department of Justice to establish an elder abuse resource group to facilitate information sharing among Federal prosecutors and, more broadly, to support the prosecution of elder abuse cases.
• Ensures that those convicted of financially exploiting seniors through e-mail marketing will be subject to criminal penalties. Mandatory forfeiture and restitutionRestitution Restitution is where a court orders the defendant to give up his gains to the claimant (victim). It should be contrasted with Compensation, the law of loss-based recovery, in which a court orders the defendant to pay the claimant for their loss. provisions also are included in the legislation.
• Requires the Attorney General’s Advisory Committee, which is comprised of leading U.S. Attorneys from across the country, to establish an elder abuse working group to offer advice to the Attorney General on DOJ’s elder abuse policies and strategies.
• Tasks the Attorney General with publishing best practices for data collection, in consultation with State and local agencies. Also promotes data collection at the Federal level, as the bill directs the Department of Health and Human Services to provide the Department of Justice with its annual statistical data regarding adult protective services investigations and findings in elder abuse cases.
• Supports training and technical assistance for State investigative, prosecutorial, and prevention personnel. Specifically, the Attorney General is charged with creating, compiling, and disseminating materials to State and local agencies regarding the investigation, prosecution, and prevention of elder abuse.
• Authorizes and encourages States to enter into interstate agreements and compacts to collaborate and share resources and expertise in the fight against elder abuse and exploitation.
• Calls for the Attorney General to designate an Elder Justice Coordinator for the entire Justice Department within 60 days of the bill’s enactment. (Among other responsibilities, the Coordinator is expected to enhance DOJ’s understanding, prevention, and detection of, as well as its response to, elder abuse.)
• Requires the chairman of the Federal Trade Commission (FTCFTC The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) U.S. antitrust law and the promotion of consumer protection. The FTC can also act as a clearinghouse for criminal reports sent to other agencies for investigation and prosecution. To learn more visit www.FTC.gov or to report fraud visit ReportFraud.FTC.gov) to designate an Elder Justice Coordinator within the FTC’s Bureau of Consumer Protection. (This individual will be responsible for coordinating and supporting the enforcement and consumer education efforts on elder abuse and exploitation.)
• Makes state courts eligible for federal grants to be used to assess the effectiveness, safety, and integrity of adult guardianship and conservatorship proceedings.

 

TEXT OF PUBLIC LAW NO: 115-70 (10/18/2017)

[115th Congress Public Law 70]
[From the U.S. Government Publishing Office]



[[Page 1207]]

               ELDER ABUSE PREVENTION AND PROSECUTION ACT

[[Page 131 STAT. 1208]]

Public Law 115-70
115th Congress

                                 An Act
 
To prevent elder abuse and exploitation and improve the justice system's 
response to victims in elder abuse and exploitation cases. <<NOTE: Oct. 
                         18, 2017 -  [S. 178]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Elder Abuse 
Prevention and Prosecution Act. 34 USC 10101 note.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Elder Abuse 
Prevention and Prosecution Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

        TITLE I--SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE

Sec. 101. Supporting Federal cases involving elder justice.

       TITLE II--IMPROVED DATA COLLECTION AND FEDERAL COORDINATION

Sec. 201. Establishment of best practices for local, State, and Federal 
           data collection.
Sec. 202. Effective interagency coordination and Federal data 
           collection.

     TITLE III--ENHANCED VICTIM ASSISTANCE TO ELDER ABUSE SURVIVORS

Sec. 301. Sense of the Senate.
Sec. 302. Report.

       TITLE IV--ROBERT MATAVA ELDER ABUSE PROSECUTION ACT OF 2017

Sec. 401. Short title.
Sec. 402. Enhanced penalty for telemarketing and email marketing fraud 
           directed at elders.
Sec. 403. Training and technical assistance for States.
Sec. 404. Interstate initiatives.

                         TITLE V--MISCELLANEOUS

Sec. 501. Court-appointed guardianship oversight activities under the 
           Elder Justice Act of 2009.
Sec. 502. GAO reports.
Sec. 503. Outreach to State and local law enforcement agencies.
Sec. 504. Model power of attorney legislation.
Sec. 505. Best practices and model legislation for guardianship 
           proceedings.

SEC. 2. <<NOTE: 34 USC 21701.>> DEFINITIONS.

    In this Act--
            (1) the terms ``abuse'', ``adult protective services'', 
        ``elder'', ``elder justice'', ``exploitation'', ``law 
        enforcement'', and ``neglect'' have the meanings given those 
        terms in section 2011 of the Social Security Act (42 U.S.C. 
        1397j);
            (2) the term ``elder abuse'' includes abuse, neglect, and 
        exploitation of an elder; and

[[Page 131 STAT. 1209]]

            (3) the term ``State'' means each of the several States of 
        the United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, and any other territory or possession of the United 
        States.

        TITLE I--SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE

SEC. 101. <<NOTE: Designations. Deadlines. 34 USC 
                        21711.>> SUPPORTING FEDERAL CASES 
                        INVOLVING ELDER JUSTICE.

    (a) Support and Assistance.--
            (1) Elder justice coordinators.--The Attorney General shall 
        designate in each Federal judicial district not less than one 
        Assistant United States Attorney to serve as the Elder Justice 
        Coordinator for the district, who, in addition to any other 
        responsibilities, shall be responsible for--
                    (A) serving as the legal counsel for the Federal 
                judicial district on matters relating to elder abuse;
                    (B) prosecuting, or assisting in the prosecution of, 
                elder abuse cases;
                    (C) conducting public outreach and awareness 
                activities relating to elder abuse; and
                    (D) ensuring the collection of data required to be 
                collected under section 202.
            (2) <<NOTE: Consultation.>>  Investigative support.--The 
        Attorney General, in consultation with the Director of the 
        Federal Bureau of Investigation, shall, with respect to crimes 
        relating to elder abuse, ensure the implementation of a regular 
        and comprehensive training program to train agents of the 
        Federal Bureau of Investigation in the investigation and 
        prosecution of such crimes and the enforcement of laws related 
        to elder abuse, which shall include--
                    (A) specialized strategies for communicating with 
                and assisting elder abuse victims; and
                    (B) relevant forensic training relating to elder 
                abuse.
            (3) Resource group.--The Attorney General, through the 
        Executive Office for United States Attorneys, shall ensure the 
        operation of a resource group to facilitate the sharing of 
        knowledge, experience, sample pleadings and other case 
        documents, training materials, and any other resources to assist 
        prosecutors throughout the United States in pursuing cases 
        relating to elder abuse.
            (4) Designated elder justice working group or subcommittee 
        to the attorney general's advisory committee of united states 
        attorneys <<NOTE: Consultation.>> .--Not later than 60 days 
        after the date of enactment of this Act, the Attorney General, 
        in consultation with the Director of the Executive Office for 
        United States Attorneys, shall establish a subcommittee or 
        working group to the Attorney General's Advisory Committee of 
        United States Attorneys, as established under section 0.10 of 
        title 28, Code of Federal Regulations, or any successor thereto, 
        for the purposes of advising the Attorney General on policies of 
        the Department of Justice relating to elder abuse.

    (b) Department of Justice Elder Justice Coordinator.--Not later than 
60 days after the date of enactment of this Act, the Attorney General 
shall designate an Elder Justice Coordinator

[[Page 131 STAT. 1210]]

within the Department of Justice who, in addition to any other 
responsibilities, shall be responsible for--
            (1) coordinating and supporting the law enforcement efforts 
        and policy activities for the Department of Justice on elder 
        justice issues;
            (2) <<NOTE: Evaluation. Public information.>>  evaluating 
        training models to determine best practices and creating or 
        compiling and making publicly available replication guides and 
        training materials for law enforcement officers, prosecutors, 
        judges, emergency responders, individuals working in victim 
        services, adult protective services, social services, and public 
        safety, medical personnel, mental health personnel, financial 
        services personnel, and any other individuals whose work may 
        bring them in contact with elder abuse regarding how to--
                    (A) <<NOTE: Investigations.>>  conduct 
                investigations in elder abuse cases;
                    (B) address evidentiary issues and other legal 
                issues; and
                    (C) <<NOTE: Assessment.>>  appropriately assess, 
                respond to, and interact with victims and witnesses in 
                elder abuse cases, including in administrative, civil, 
                and criminal judicial proceedings; and
            (3) carrying out such other duties as the Attorney General 
        determines necessary in connection with enhancing the 
        understanding, prevention, and detection of, and response to, 
        elder abuse.

    (c) Federal Trade Commission.--
            (1) Federal trade commission elder justice coordinator.--Not 
        later than 60 days after the date of enactment of this Act, the 
        Chairman of the Federal Trade Commission shall designate within 
        the Bureau of Consumer Protection of the Federal Trade 
        Commission an Elder Justice Coordinator who, in addition to any 
        other responsibilities, shall be responsible for--
                    (A) coordinating and supporting the enforcement and 
                consumer education efforts and policy activities of the 
                Federal Trade Commission on elder justice issues; and
                    (B) serving as, or ensuring the availability of, a 
                central point of contact for individuals, units of local 
                government, States, and other Federal agencies on 
                matters relating to the enforcement and consumer 
                education efforts and policy activities of the Federal 
                Trade Commission on elder justice issues.
            (2) Reports to congress.--Not later than 1 year after the 
        date of enactment of this Act, and once every year thereafter, 
        the Chairman of the Federal Trade Commission and the Attorney 
        General shall each submit to the Committee on the Judiciary of 
        the Senate and the Committee on the Judiciary of the House of 
        Representatives a report detailing the enforcement actions taken 
        by the Federal Trade Commission and the Department of Justice, 
        respectively, over the preceding year in each case in which not 
        less than one victim was an elder or that involved a financial 
        scheme or scam that was either targeted directly toward or 
        largely affected elders, including--
                    (A) the name of the district where the case 
                originated;
                    (B) the style of the case, including the case name 
                and number;
                    (C) a description of the scheme or scam; and

[[Page 131 STAT. 1211]]

                    (D) the outcome of the case.

    (d) Use of Appropriated Funds.--No additional funds are authorized 
to be appropriated to carry out this section.

       TITLE II--IMPROVED DATA COLLECTION AND FEDERAL COORDINATION

SEC. 201. <<NOTE: 34 USC 21721.>>  ESTABLISHMENT OF BEST PRACTICES 
                        FOR LOCAL, STATE, AND FEDERAL DATA 
                        COLLECTION.

    (a) <<NOTE: Consultation.>>  In General.--The Attorney General, in 
consultation with Federal, State, and local law enforcement agencies, 
shall--
            (1) establish best practices for data collection to focus on 
        elder abuse; and
            (2) provide technical assistance to State, local, and tribal 
        governments in adopting the best practices established under 
        paragraph (1).

    (b) <<NOTE: Web posting. Public information.>>  Deadline.--Not later 
than 1 year after the date of enactment of this Act, the Attorney 
General shall publish the best practices established under subsection 
(a)(1) on the website of the Department of Justice in a publicly 
accessible manner.

    (c) Limitation.--Nothing in this section shall be construed to 
require or obligate compliance with the best practices established under 
subsection (a)(1).
SEC. 202. <<NOTE: 34 USC 21722.>>  EFFECTIVE INTERAGENCY 
                        COORDINATION AND FEDERAL DATA COLLECTION.

    (a) <<NOTE: Consultation. Deadline.>>  In General.--The Attorney 
General, in consultation with the Secretary of Health and Human Services 
shall, on an annual basis--
            (1) collect from Federal law enforcement agencies, other 
        agencies as appropriate, and Federal prosecutors' offices 
        statistical data related to elder abuse cases, including cases 
        or investigations where one or more victims were elders, or the 
        case or investigation involved a financial scheme or scam that 
        was either targeted directly toward or largely affected elders; 
        and
            (2) <<NOTE: Web posting. Public information.>>  publish on 
        the website of the Department of Justice in a publicly 
        accessible manner--
                    (A) <<NOTE: Summary.>>  a summary of the data 
                collected under paragraph (1); and
                    (B) <<NOTE: Recommenda- tions.>>  recommendations 
                for collecting additional data relating to elder abuse, 
                including recommendations for ways to improve data 
                reporting across Federal, State, and local agencies.

    (b) Requirement.--The data collected under subsection (a)(1) shall 
include--
            (1) the total number of investigations initiated by Federal 
        law enforcement agencies, other agencies as appropriate, and 
        Federal prosecutors' offices related to elder abuse;
            (2) the total number and types of elder abuse cases filed in 
        Federal courts; and
            (3) for each case described in paragraph (2)--
                    (A) the name of the district where the case 
                originated;
                    (B) the style of the case, including the case name 
                and number;
                    (C) a description of the act or acts giving rise to 
                the elder abuse;

[[Page 131 STAT. 1212]]

                    (D) in the case of a scheme or scam, a description 
                of such scheme or scam giving rise to the elder abuse;
                    (E) information about each alleged perpetrator of 
                the elder abuse; and
                    (F) the outcome of the case.

    (c) <<NOTE: Deadline.>>  HHS Requirement.--The Secretary of Health 
and Human Services shall, on an annual basis, provide to the Attorney 
General statistical data collected by the Secretary relating to elder 
abuse cases investigated by adult protective services, which shall be 
included in the summary published under subsection (a)(2).

    (d) Prohibition on Individual Data.--None of the information 
reported under this section shall include specific individually 
identifiable data.

     TITLE III--ENHANCED VICTIM ASSISTANCE TO ELDER ABUSE SURVIVORS

SEC. 301. SENSE OF THE SENATE.

    (a) Findings.--The Senate finds the following:
            (1) The vast majority of cases of abuse, neglect, and 
        exploitation of older adults in the United States go 
        unidentified and unreported.
            (2) Not less than $2,900,000,000 is taken from older adults 
        each year due to financial abuse and exploitation.
            (3) Elder abuse, neglect, and exploitation have no 
        boundaries and cross all racial, social, class, gender, and 
        geographic lines.
            (4) Older adults who are abused are 3 times more likely to 
        die earlier than older adults of the same age who are not 
        abused.
            (5) Up to half of all older adults with dementia will 
        experience abuse.

    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) elder abuse involves the exploitation of potentially 
        vulnerable individuals with devastating physical, mental, 
        emotional, and financial consequences to the victims and their 
        loved ones;
            (2) to combat this affront to America's older adults, we 
        must do everything possible to both support victims of elder 
        abuse and prevent the abuse from occurring in the first place; 
        and
            (3) the Senate supports a multipronged approach to prevent 
        elder abuse and exploitation, protect the victims of elder abuse 
        and exploitation from further harm, and bring the perpetrators 
        of such crimes to justice.
SEC. 302. <<NOTE: 34 USC 21731.>>  REPORT.

    (a) In General.--Not later than 1 year after the date on which the 
collection of statistical data under section 202(a)(1) begins and once 
each year thereafter, the Director of the Office for Victims of Crime 
shall submit a report to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of Representatives that 
addresses, to the extent data are available, the nature, extent, and 
amount of funding under the Victims of Crime Act of 1984 (42 U.S.C. 
10601 et seq.) for victims of crime who are elders.

[[Page 131 STAT. 1213]]

    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) <<NOTE: Analysis.>>  an analysis of victims' assistance, 
        victims' compensation, and discretionary grants under which 
        elder abuse victims (including elder victims of financial abuse, 
        financial exploitation, and fraud) received assistance; and
            (2) <<NOTE: Recommenda- tions.>>  recommendations for 
        improving services for victims of elder abuse.

TITLE IV <<NOTE: Robert Matava Elder Abuse Prosecution Act of 2017.>> --
ROBERT MATAVA ELDER ABUSE PROSECUTION ACT OF 2017
SEC. 401. <<NOTE: 34 USC 10101 note.>>  SHORT TITLE.

    This title may be cited as the ``Robert Matava Elder Abuse 
Prosecution Act of 2017''.
SEC. 402. ENHANCED PENALTY FOR TELEMARKETING AND EMAIL MARKETING 
                        FRAUD DIRECTED AT ELDERS.

    (a) <<NOTE: 18 USC prec. 2325.>>  In General.--Chapter 113A of title 
18, United States Code, is amended--
            (1) in the chapter heading, by inserting ``AND EMAIL 
        MARKETING'' after ``TELEMARKETING'';
            (2) by striking section 2325 and inserting the following:
``Sec. 2325. <<NOTE: 18 USC 2325.>>  Definition

    ``In this chapter, the term `telemarketing or email marketing'--
            ``(1) means a plan, program, promotion, or campaign that is 
        conducted to induce--
                    ``(A) purchases of goods or services;
                    ``(B) participation in a contest or sweepstakes;
                    ``(C) a charitable contribution, donation, or gift 
                of money or any other thing of value;
                    ``(D) investment for financial profit;
                    ``(E) participation in a business opportunity;
                    ``(F) commitment to a loan; or
                    ``(G) participation in a fraudulent medical study, 
                research study, or pilot study,
        by use of one or more interstate telephone calls, emails, text 
        messages, or electronic instant messages initiated either by a 
        person who is conducting the plan, program, promotion, or 
        campaign or by a prospective purchaser or contest or sweepstakes 
        participant or charitable contributor, donor, or investor; and
            ``(2) does not include the solicitation through the posting, 
        publication, or mailing of a catalog or brochure that--
                    ``(A) contains a written description or illustration 
                of the goods, services, or other opportunities being 
                offered;
                    ``(B) includes the business address of the 
                solicitor;
                    ``(C) includes multiple pages of written material or 
                illustration; and
                    ``(D) has been issued not less frequently than once 
                a year,
        if the person making the solicitation does not solicit customers 
        by telephone, email, text message, or electronic instant 
        message, but only receives interstate telephone calls, emails, 
        text messages, or electronic instant messages initiated by 
        customers

[[Page 131 STAT. 1214]]

        in response to the written materials, whether in hard copy or 
        digital format, and in response to those interstate telephone 
        calls, emails, text messages, or electronic instant messages 
        does not conduct further solicitation.'';
            (3) in section 2326, <<NOTE: 18 USC 2326.>>  in the matter 
        preceding paragraph (1)--
                    (A) by striking ``or 1344'' and inserting ``1344, or 
                1347 or section 1128B of the Social Security Act (42 
                U.S.C. 1320a-7b)''; and
                    (B) by inserting ``or email marketing'' after 
                ``telemarketing''; and
            (4) by adding at the end the following:
``Sec. 2328. <<NOTE: 18 USC 2328.>>  Mandatory forfeiture

    ``(a) <<NOTE: Courts.>>  In General.--The court, in imposing 
sentence on a person who is convicted of any offense for which an 
enhanced penalty is provided under section 2326, shall order that the 
defendant forfeit to the United States--
            ``(1) any property, real or personal, constituting or 
        traceable to gross proceeds obtained from such offense; and
            ``(2) any equipment, software, or other technology used or 
        intended to be used to commit or to facilitate the commission of 
        such offense.

    ``(b) <<NOTE: Applicability.>>  Procedures.--The procedures set 
forth in section 413 of the Controlled Substances Act (21 U.S.C. 853), 
other than subsection (d) of that section, and in Rule 32.2 of the 
Federal Rules of Criminal Procedure, shall apply to all stages of a 
criminal forfeiture proceeding under this section.''.

    (b) Technical and Conforming Amendments.--
            (1) The table of chapters at the beginning of part I of 
        title 18, United States Code, <<NOTE: 18 USC prec. 1.>>  is 
        amended by striking the item relating to chapter 113A and 
        inserting the following:

``113A. Telemarketing and email marketing fraud..................2325''.

            (2) The table of sections for chapter 113A of title 18, 
        United States Code, <<NOTE: 18 USC prec. 2325.>>  is amended by 
        inserting after the item relating to section 2327 the following:

``2328. Mandatory forfeiture.''.

SEC. 403. <<NOTE: 34 USC 21741.>>  TRAINING AND TECHNICAL 
                        ASSISTANCE FOR STATES.

    The <<NOTE: Consultation. Coordination. Evaluation.>>  Attorney 
General, in consultation with the Secretary of Health and Human Services 
and in coordination with the Elder Justice Coordinating Council 
(established under section 2021 of the Social Security Act (42 U.S.C. 
1397k)), shall create, compile, evaluate, and disseminate materials and 
information, and provide the necessary training and technical 
assistance, to assist States and units of local government in--
            (1) investigating, prosecuting, pursuing, preventing, 
        understanding, and mitigating the impact of--
                    (A) physical, sexual, and psychological abuse of 
                elders;
                    (B) exploitation of elders, including financial 
                abuse and scams targeting elders; and
                    (C) neglect of elders; and
            (2) <<NOTE: Assessment.>>  assessing, addressing, and 
        mitigating the physical and psychological trauma to victims of 
        elder abuse.

[[Page 131 STAT. 1215]]

SEC. 404. <<NOTE: 34 USC 21742.>>  INTERSTATE INITIATIVES.

    (a) Interstate Agreements and Compacts.--The consent of Congress is 
given to any two or more States (acting through State agencies with 
jurisdiction over adult protective services) to enter into agreements or 
compacts for cooperative effort and mutual assistance--
            (1) in promoting the safety and well-being of elders; and
            (2) in enforcing their respective laws and policies to 
        promote such safety and well-being.

    (b) <<NOTE: Consultation. Proposals.>>  Recommendations on 
Interstate Communication.--The Executive Director of the State Justice 
Institute, in consultation with State or local adult protective 
services, aging, social, and human services and law enforcement 
agencies, nationally recognized nonprofit associations with expertise in 
data sharing among criminal justice agencies and familiarity with the 
issues raised in elder abuse cases, and the Secretary of Health and 
Human Services, shall submit to Congress legislative proposals relating 
to the facilitation of interstate agreements and compacts.

                         TITLE V--MISCELLANEOUS

SEC. 501. COURT-APPOINTED GUARDIANSHIP OVERSIGHT ACTIVITIES UNDER 
                        THE ELDER JUSTICE ACT OF 2009.

    Section 2042(c) of the Social Security Act (42 U.S.C. 1397m-1(c)) is 
amended--
            (1) in paragraph (1), by inserting ``(and, in the case of 
        demonstration programs described in paragraph (2)(E), to the 
        highest courts of States)'' after ``States'';
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``(and the highest courts of States, in the 
                case of demonstration programs described in subparagraph 
                (E))'' after ``local units of government'';
                    (B) in subparagraph (D), by striking ``or'' after 
                the semicolon;
                    (C) by redesignating subparagraph (E) as 
                subparagraph (F); and
                    (D) by inserting after subparagraph (D), the 
                following new subparagraph:
                    ``(E) subject to paragraph (3), programs to assess 
                the fairness, effectiveness, timeliness, safety, 
                integrity, and accessibility of adult guardianship and 
                conservatorship proceedings, including the appointment 
                and the monitoring of the performance of court-appointed 
                guardians and conservators, and to implement changes 
                deemed necessary as a result of the assessments such as 
                mandating background checks for all potential guardians 
                and conservators, and implementing systems to enable the 
                annual accountings and other required conservatorship 
                and guardianship filings to be completed, filed, and 
                reviewed electronically in order to simplify the filing 
                process for conservators and guardians and better enable 
                courts to identify discrepancies and detect fraud and 
                the exploitation of protected persons; or'';
            (3) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively;

[[Page 131 STAT. 1216]]

            (4) by inserting after paragraph (2), the following new 
        paragraph:
            ``(3) Requirements for court-appointed guardianship 
        oversight demonstration programs.--
                    ``(A) Award of grants.--In awarding grants to the 
                highest courts of States for demonstration programs 
                described in paragraph (2)(E), the Secretary shall 
                consider the recommendations of the Attorney General and 
                the State Justice Institute, as established by section 
                203 of the State Justice Institute Act of 1984 (42 
                U.S.C. 10702).
                    ``(B) Collaboration.--The highest court of a State 
                awarded a grant to conduct a demonstration program 
                described in paragraph (2)(E) shall collaborate with the 
                State Unit on Aging for the State and the Adult 
                Protective Services agency for the State in conducting 
                the demonstration program.'';
            (5) in paragraph (4) (as redesignated by paragraph (3) of 
        this section), by inserting ``(and, in the case of demonstration 
        programs described in paragraph (2)(E), the highest court of a 
        State)'' after ``a State''; and
            (6) in paragraph (5) (as so redesignated), by inserting 
        ``(or, in the case of demonstration programs described in 
        paragraph (2)(E), the highest court of a State)'' after 
        ``State'' each place it appears.
SEC. 502. GAO REPORTS.

    (a) <<NOTE: Review.>>  Elder Justice Recommendations.--Not later 
than 18 months after the date of enactment of this Act, the Comptroller 
General of the United States shall review existing Federal programs and 
initiatives in the Federal criminal justice system relevant to elder 
justice and shall submit to Congress--
            (1) a report on such programs and initiatives; and
            (2) any recommendations the Comptroller General determines 
        are appropriate to improve elder justice in the United States.

    (b) Report on Elder Abuse and International Criminal Enterprises.--
Not later than 18 months after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress a 
report on--
            (1) Federal Government efforts to monitor--
                    (A) the exploitation of older adults of the United 
                States in global drug trafficking schemes and other 
                international criminal enterprises;
                    (B) the extent to which exploitation of older adults 
                of the United States by international criminal 
                enterprises has resulted in the incarceration of these 
                citizens of the United States in foreign countries; and
                    (C) the total annual number of elder abuse cases 
                pending in the United States; and
            (2) the results of intervention by the United States with 
        foreign officials on behalf of citizens of the United States who 
        are elder abuse victims in international criminal enterprises.
SEC. 503. <<NOTE: Reports.>> OUTREACH TO STATE AND LOCAL LAW 
                        ENFORCEMENT AGENCIES.

    The Attorney General shall submit to the Committee on the Judiciary 
of the Senate and the Committee on the Judiciary of the House of 
Representatives a report on efforts by the Department

[[Page 131 STAT. 1217]]

of Justice to conduct outreach to State and local law enforcement 
agencies on the process for collaborating with the Federal Government 
for the purpose of investigating and prosecuting interstate and 
international elder financial exploitation cases.
SEC. 504. <<NOTE: Publication. 34 USC 21751.>>  MODEL POWER OF 
                        ATTORNEY LEGISLATION.

    The Attorney General shall publish model power of attorney 
legislation for the purpose of preventing elder abuse.
SEC. 505. <<NOTE: Publication. 34 USC 21752.>>  BEST PRACTICES AND 
                        MODEL LEGISLATION FOR GUARDIANSHIP 
                        PROCEEDINGS.

    The Attorney General shall publish best practices for improving 
guardianship proceedings and model legislation relating to guardianship 
proceedings for the purpose of preventing elder abuse.

    Approved October 18, 2017.

 

TAGS: SCARS, Important Article, Information About Scams, Anti-Scam, Scams, Scammers, Fraudsters, Cybercrime, Crybercriminals, Romance Scams, Scam Victims, Congressional Review, Anti-ScamScam A Scam is a confidence trick - a crime -  is an attempt to defraud a person or group after first gaining their trust through deception. Scams or confidence tricks exploit victims using their credulity, naïveté, compassion, vanity, irresponsibility, or greed and exploiting that. Researchers have defined confidence tricks as "a distinctive species of fraudulent conduct ... intending to further voluntary exchanges that are not mutually beneficial", as they "benefit con operators ('con men' - criminals) at the expense of their victims (the 'marks')". A scam is a crime even if no money was lost. Laws, Republican, Elder Abuse Prevention and Prosecution Act,  EAPPA, Signed by President Trump, Stopping Scams

 

 

 

 

 

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