Syracuse Man Facing Exploitation, Theft Charges
October 28, 2019 at 11:07 p.m.
By Amanda [email protected]
James E. Brake, 72, of 407 S. Harkless Drive, Syracuse, was booked in the Kosciusko County Jail at 9:16 a.m. Saturday and faces charges of exploitation of an endangered adult and theft, both level 6 felonies.
According to the probable cause affidavit filed Wednesday in Kosciusko Superior Court III, a law enforcement officer with Indiana Adult Protective Services received a report Feb. 21 concerning the victim, who suffers from dementia.
Brake has power of attorney for her and has control of her bank account, court papers state. The officer was notified that the victim’s bank trust was about to run out of money and that the nursing home was going to apply for Medicaid, court papers state. The nursing home needed bank statements for the Medicaid application, but was unable to make contact with Brake.
The adult protective services officer issued a subpoena May 29 for bank accounts for the victim and for Brake. Those bank records showed the victim’s income at $1,700 per month but no payments were made to the nursing home. However, there were numerous payments made to Walmart, utility companies and other expenses associated with home and vehicle ownership, along with several cash withdrawals made by Brake, according to court papers.
The total income was $46,000, with Brake making in excess of $24,000 of cash withdrawals and payments totaling $11,000. None of those transactions were for the care and well-being of the victim, according to the probable cause affidavit.
Brake was interviewed Aug. 19 and told police he used the money to buy groceries and for the upkeep of the condo unit, which is in both his and the victim’s names.
Brake’s bond was set at $7,500.
James E. Brake, 72, of 407 S. Harkless Drive, Syracuse, was booked in the Kosciusko County Jail at 9:16 a.m. Saturday and faces charges of exploitation of an endangered adult and theft, both level 6 felonies.
According to the probable cause affidavit filed Wednesday in Kosciusko Superior Court III, a law enforcement officer with Indiana Adult Protective Services received a report Feb. 21 concerning the victim, who suffers from dementia.
Brake has power of attorney for her and has control of her bank account, court papers state. The officer was notified that the victim’s bank trust was about to run out of money and that the nursing home was going to apply for Medicaid, court papers state. The nursing home needed bank statements for the Medicaid application, but was unable to make contact with Brake.
The adult protective services officer issued a subpoena May 29 for bank accounts for the victim and for Brake. Those bank records showed the victim’s income at $1,700 per month but no payments were made to the nursing home. However, there were numerous payments made to Walmart, utility companies and other expenses associated with home and vehicle ownership, along with several cash withdrawals made by Brake, according to court papers.
The total income was $46,000, with Brake making in excess of $24,000 of cash withdrawals and payments totaling $11,000. None of those transactions were for the care and well-being of the victim, according to the probable cause affidavit.
Brake was interviewed Aug. 19 and told police he used the money to buy groceries and for the upkeep of the condo unit, which is in both his and the victim’s names.
Brake’s bond was set at $7,500.
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