New HampshireDepartment of JusticeOffice of the Attorney General

News Release

For Immediate Release
November 29, 2018

Contact:
Kate Spiner, Director of Communications
603-573-6103 / kate.spiner@doj.nh.gov

Bryan Townsend, II, Assistant Attorney General
Medicaid Fraud Control Unit
(603) 271-7094 / bryan.townsend@doj.nh.gov

Scott Chase, Assistant Attorney General
Criminal Bureau

James and Karen Folley Sentenced to State Prison for Stealing from Elderly Relative

Concord, NH – Attorney General Gordon J. MacDonald announces that James Folley, age 69, and Karen Folley, age 62, both of Bennington, were sentenced on November 29, 2018, in the Hillsborough County Superior Court, Northern District. Mr. Folley was sentenced on three counts of theft by unauthorized taking and one count of financial exploitation of an elderly adult. Mrs. Folley was sentenced on two counts of theft by unauthorized taking. Mr. and Mrs. Folley were convicted of these offenses on November 1, 2018, following a jury trial.

The Court sentenced Mr. Folley to serve 1-4 years in the New Hampshire State Prison, stand committed, for stealing $44,500 from his elderly sister's bank account.

The Court also sentenced Mr. Folley to serve two concurrent sentences of 7½-15 years in the New Hampshire State Prison for stealing more than $40,000 from the victim by using a debit card linked to her bank account to make ATM withdrawals and retail purchases. These sentences were made consecutive to the first sentence, and were fully suspended on terms of good behavior, that Mr. Folley not serve in a fiduciary capacity, and that he pay restitution.

Mr. Folley was also sentenced to 1-2 years in the New Hampshire State Prison for stealing an additional $1,237.00 while acting for his sister under a durable power of attorney. The court fully suspended the sentence on conditions of good behavior, payment of restitution, and that Mr. Folley not serve in a fiduciary capacity.

Mr. Folley was ordered to pay restitution in the amount of $90,030.27.

Mrs. Folley was sentenced to 1-2 years in the New Hampshire State Prison, stand committed, for her role in stealing more than $20,000 from Mr. Folley's sister using the debit card for retail purchases. Mrs. Folley was sentenced to a consecutive 7 ½-15 years in the New Hampshire State Prison, which was fully suspended for 10 years for her role in stealing more than $20,000 by way of ATM withdrawals. This sentence is conditioned on her good behavior, not serving in a fiduciary capacity, and payment of restitution in the amount of $44,293.27.

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.

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
Telephone: 603-271-3658