For Immediate Release
November 2, 2018
Concord, NH – Attorney General Gordon J. MacDonald announces that a Hillsborough County Superior Court (Northern District) jury convicted James Folley, age 69, and his wife Karen Folley, age 62, both of Bennington, of six felony charges Thursday, November 1, 2018. The Folleys were convicted after a jury trial that began on Monday, October 29, 2018 and concluded Thursday.
Mr. Folley was convicted of three counts of class A felony theft by unauthorized taking, in violation of RSA 637:3, and one class B felony offense of financial exploitation of an elderly adult, in violation of RSA 631:9, I(a)(2). Mrs. Folley was convicted of two counts of class A felony theft by unauthorized taking, in violation of RSA 637:3.
In March 2016, the Bureau of Elderly and Adult Services (BEAS) referred allegations to the Attorney General's Medicaid Fraud Control Unit (MFCU) that Mr. and Mrs. Folley exploited his sister by unlawfully taking and using her money for their own purposes, leaving the victim unable to pay medical and long-term care expenses. The BEAS and MFCU investigations revealed that Mr. Folley misused his authority under a durable power of attorney and breached his fiduciary obligations by withdrawing $1,237 from the victim's bank account. He also transferred $50,000 from the victim's account to his personal account without authorization.
Mr. and Mrs. Folley acted jointly to unlawfully take more than $22,480 from the victim via ATM withdrawals and spend approximately $20,000 of the victim's funds on debit card transactions, for a total of more than $90,000 in stolen funds.
The Folleys will be sentenced on November 21, 2018. The maximum penalty for each class A felony is fifteen years' imprisonment and a $4,000 fine. The maximum penalty for a class B felony is seven years' imprisonment and a $4,000.
This case was prosecuted by Assistant Attorney General Bryan Townsend, II, and Assistant Attorney General Scott Chase.
The MFCU investigates and prosecutes matters involving abuse, including financial exploitation, of elderly individuals in residential care facilities throughout the State of New Hampshire. If you or someone you know has been the victim of elder abuse or financial exploitation, please contact MFCU (603-271-1246), your local police department, or the Department of Health and Human Services, Bureau of Elderly and Adult Services (1-800-949-0470).
New Hampshire Department of Justice
33 Capitol Street | Concord, NH | 03301