– Con Man Took Advantage of Disabled Man, Sister to Defraud Them of WWII-Era Santa Monica Family Home – LOS ANGELES (March 15, 2017) – This month California’s Second Appellate District, Division Two, Court of Appeal upheld an award of $21 million in punitive damages and $2.2 million in compensatory damages against building contractor Noam Bouzaglou, his shell corporation, Ness Adam, Inc. and attorney Andrew J. Stern who perpetrated a fraud against Kathleen and Tim McGinty, in order to obtain their modest family home in Santa Monica. Kathleen suffers from autism. Her brother suffered throughout his life from bipolar disorder, depression and substance addiction, and was getting by on his small monthly disability payment. Joseph Girard, principal at LA Elder Law, represented Kathleen McGinty and Jeanne Haworth, the current trustee for the McGinty estate, in the original case decided in favor of the plaintiffs in 2014. “Nationwide we know many elderly are the victims of financial fraud, and we know people with disabilities are victimized by crime at rates higher than the rest of the population, often the target of crime because of their disabilities,” said Girard. “This appellate decision affirmed the 2014 judgment that sent a very strong message with the $23 million award to would-be fraudsters looking to prey upon the disadvantaged and the elderly.” In 2006, Delores McGinty, Kathleen’s mother, set up a special needs trust for Kathleen’s benefit. The main asset of the trust was the 1,477 square foot single family home in Santa Monica, built by their father, a returning WWII veteran, for a few thousand dollars from a Sears Roebuck and Co. pre-cut home kit. Owned free and clear, the home was the residence for Delores and her daughter. Son Tim became the trustee after the death of his mother Delores in 2009 and moved […]
Disabled son deeded property built by his parents in 1948 to unscrupulous contractor
The Los Angeles-based Law Offices of Joseph C. Girard and LA Elder Law, specializing in elder financial abuse legal matters, obtained a $23 million jury verdict on behalf of their clients Jeanne Haworth and Kathleen McGinty against a contractor who maliciously entered into an agreement to renovate a family home. He and his attorney manipulated the owner into deeding the property to raise funds for work that was never needed.
The jury found that the contractor, Noam Bouzaglou, acted with recklessness, oppression and malice toward the McGinty family, and awarded the trust $23 million in punitive damages for the contractor’s abusive conduct. The Court also returned the family home back to the trust. The jury also found that the attorney, Andrew Stern, acted in concert with the contractor, was professionally negligent and engaged in fraudulent conduct.
[Click the title to read the full post.]