$23 Million win upheld for disabled siblings defrauded by contractor & attorney
– 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 […]