Alleged Perpetrator Justifications and Defenses / Investigative Approach

Defense or JustificationInvestigative Approach
LoanCapacity of lender; amount; period of loan; terms of repayment; how often were loans made; written or other proof of a loan; consideration; any repayment made
Gift for Self or ChildrenCapacity of donor; value of the gift; relationship between donor and recipient; evidence of donor’s intent to make a gift; value of gift; why was gift made (any promises or other inducements)
Services ProvidedCapacity of the person seeking the services; what were the services; were they needed; how often were services provided; how well performed; were supplies provided; value of services vs. amount paid for them
PermissionCapacity of the vulnerable adult; evidence of actual permission; promises or other inducements to get permission; who benefited; how often was permission used; value of items obtained; did vulnerable adult understand what permission was used to do
Quid Pro QuoCapacity of the vulnerable adult; was the marriage reasonable given the relationship between the parties; was the suspect legally able to marry; mutual consideration; any suspect misrepresentations
FavorCapacity of the vulnerable adult; who benefits from the favor; what did vulnerable adult receive in return; is the benefit reasonable; how does it fit prior financial planning and actions of the vulnerable adult; vulnerable adult’s relationship to the business or person
Lack of Knowledge(“But I do not know her PIN”); what is the contrary evidence; access to information; other acts for same goal (e.g., forged her signature to get an ATM card in victim’s name)
Legal AuthorityCapacity of the vulnerable adult; legal authority in writing; what does the legal authority cover
Victim is crazyMedical opinion of victim’s mental health; statements from friends and family about victim’s behavior prior to and after suspect came into life
I’m the real victimWho is benefiting financially? Evidence of suspect fear or injury?
“We’re married/ in a relationship/ in love” “We’re family “She’s like a mother to me therefore, we share resourcesWho is benefiting financially? What is true nature of relationship? Does suspect have other relationships or marriage licenses? Does suspect have other income or debts?
Purchase made as part of careEvidence of purchase being used to provide care; is purchase necessary for care?
See: Barron, T. (1998) Financial Exploitation of Infirm Adults – A Prosecutor’s Perspective, Violence Against the Vulnerable Adult and Disabled, 1, 53-64.
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