Miami man arrested, charged for exploiting 95-year-old mother out of at least $50,000
MIAMI — A man was arrested and charged for allegedly exploiting his 95-year-old mother out of at least $50,000 late last month.
Miami-Dade State Attorney Katherine Fernandez Rundle announced that the SAO's Elderly and Vulnerable Adult (EVA) Unit arrested 72-year-old Manuel C. Diaz Hernandez in late March. He is currently facing several exploitation charges including exploiting an elderly or disabled person, grand theft on a person over 65, and an organized scheme to defraud — all in an amount over $50,000. He also faces one count of unlawful use of a two-way communications device.
"It is always inconceivably sad when a son, or a daughter, or another family member sees an elderly relative as an exploitable target," Fernandez Rundle stated. "Too many of our older residents are vulnerable to exploitation. In this case, our Elder and Vulnerable Adult Unit was able to intervene to keep the victim housed."
"[March 27]'s arrest is another strong statement by my office and our law enforcement community that we will not tolerate the victimization of our elder and vulnerable residents," she added.
According to a press release from the SAO, the victim had been living alone after the death of her 92-year-old husband after 40 years of marriage. His death was indirectly related to a fall at their apartment complex due to a lack of adequate railings. The lawsuit filed after her husband's death led to a $155,000 settlement, which netted the victim about $57,000 after all outstanding medical and care bills were paid.
The woman, who now lived alone in her rented apartment, was described as "self-sufficient, independent, and ambulatory," and she could do everyday tasks independently. Although she uses a walker to help her move, she is still "cognitively lucid" and can manage her finances without assistance. The SAO stated that the $57,000 left over from the settlement, including her husband's Social Security benefits, allowed her to pay her monthly expenses and other daily expenditures.
At the time of the incident, the victim had asked her husband's adopted son to help her with financial issues regarding her settlement money instead of her two, "long estranged," biological sons — one of which was Diaz Hernandez. The adopted son, who lived in Arizona and remained in contact with the victim, came to Miami to help her open an account at Bank of America with her and him as authorized signers before returning to Arizona.
According to the SAO, Diaz Hernandez had suddenly begun to take an interest in his mother and convinced her that he was better able to assist her than the adopted son because he was a "blood relative." As a result, he was then added to the victim's account and helped her move the settlement money into a joint account, depositing $50,000. Then, about $7,000 disappeared before the victim's account balance decreased to $0 between March 2022 and August 2022.
Facing imminent eviction, the EVA Unit intervened and found emergency housing for the victim to avoid "having her cast out onto the street due to [Diaz Hernandez's] actions," the SAO stated.
