Financial Exploitation of the Elderly is a Felony Crime in Montana.
I am my mother's son, Jay Dietz. My mother, Juanita Dietz, asked me to assist her as it is our opinion and many others that have reviewed the case that her daughter and son in law have stolen almost her entire estate from her and have made it abundantly clear that she will never receive what she legally owns. I began helping her in 2008. After making no progress for 6 years, our civil attorney suggested we turn this matter over to the authorities for prosecution. After a full year has passed since this matter was reported to Adult Protective Services, there has still been no investigation, interrogation, arrests or prosecution. Please help us get the word out about this serious crime and help us find out why financial elder abuse is not taken seriously in Montana even though it is a felony crime.
What follows is our story of an 18 year struggle with the perpetrators and now a full year long battle with the "system" in Montana that was supposed to protect Montana's elderly from financial exploitation. Still today, she has received no justice. Here's an explanation of how their grand scheme worked...
Here's the APS report. Notice that the perpetrators refused to meet with investigators during the entire investigation. That's usually a pretty good clue you have something to hide. So APS turned it over to law enforcement to be "investigated." The report said no findings since they couldnt interview the perpetrators. Thus, it was in the hands of law enforcement to do their job. Sadly, they never did. Note the CONCLUSION of NO FINDINGS on page 4 since the perpetrators evaded investigators. Also note the definition of EXPLOITATION in Montana law on page 5.
Retirement Home Manager Evades Elder Abuse Investigators
Retirement Home District Manager Evades APS Investigators
For a full 3 months, investigators with Adult Protective Services contacted Karla Ayers to inquire about the theft of her mother's assets. When a perpetrator won't speak with an investigator, that's usually a pretty good clue they are hiding something. Karla Ayers refused to speak to APS for a full 90 days. Instead, they set fake meetings, arrangements and cancelled appointments and left APS with no choice but to turn the matter over to law enforcement for investigation and prosecution. Note on page 4 of the report that APS concluded with NO FINDINGS due to the perpetrators refusing to speak with investigators. Also, note on page 5 the definition of Exploitation under Montana Law. After an elder abuse conviction, felons are sentenced to fines, reparations, imprisonment, or a combination thereof.
Local Law Enforcement Refuses To Investigate APS Report
After my 84 year old mother heard nothing for 2 months from any official in Chouteau County, she wrote out personal notes and used these when speaking with Prosecutor Gannon and Sheriff Burdick. I monitor all of her calls to help her with recollection but did not speak personally with the sheriff or the prosecutor.
State Assistant Attorney General Asks County Prosecutor Why No Prosecution
After getting nowhere for months with the prosecutor and some outrageous comments by the sheriff, I made contact with Assistant Attorney General Chad Parker. To date, he has been the only ally my mother has had in this fight and sent the following letter to the county prosecutor almost 3 months ago to which we've still heard no reply...
Financially Resourceful Children Force Destitute Mother To Pay Their Taxes
My mother and I were shocked to learn that instead of paying down debt, the perpetrators had agreed to to pay no debts and continue maximum indebtedness with all funds spent on themselves and nothing spent towards improving the corporation or paying down debt. We were further shocked to learn that they resolved in the minutes below that they will be issuing promissory notes to themselves but that Juanita and the corporation must pay them back even though they are the sole beneficiaries of all revenue from the corporation for the past 18 years. We were even further shocked that while my mother has been forced to receive Low Income Energy Assistance Help from Montana and Medicaid paid for by the state of Hawaii, they state that they have the resources to pay their debts in full.
After One Year of Inaction, Senator Daines Asks Attorney General for Explanation
In an effort to find any victim services for elderly victims of financial exploitaton, we were advised to call the US Attorney's office in Great Falls. They suggested we contact our US Senators in Montana as they have ways to perhaps get things done. We received no response from Senator Tester but did have this gracious letter forwarded from Senator Daines on to the Attorney General to find out what could possibly be holding up the case after one year since the state first learned of the crime in May of 2014 yet still no action of any kind has been taken.
Financially Abusive Children Reduce Elderly Mother's Stake in Corporation in Exchange for Nothing Ever Paid to Mother
For 18 years, my mother has received a total of $0 in revenue of any kind from her majority ownership in Teton Land Corporation, Yet, Karla and Joseph Ayers have funded a generous way of life for many years never sharing any income with Juanita. Then, to make matters even worse, in 2010, they suddenly reduce my mother's ownership to 36% from a controlling ownership of 50.5% in exchange for nothing paid to my mother ever at any time now, in the past, or in the future. This is outright theft and financial exploitation.
Financially Exploitive Children Bankrupt Corporation in Order to Issue Stock and Promissory Notes to Themselves
The following letter we sent next to the County Prosecutor Stephen Gannon and Assistant Attorney General Chad Parker contrasts for perspective how the great exploitation works. The following is a building in Fort Benton that rents for $2000 per month. By contrast, Karla and Joseph Ayers rent two barns, sheds, a quonset, houses, farm equipment ande 3000 acres for $1,666 per month. Joe always told my mother he paid the highest lease in all of Chouteau County. We'd like to see anyone else paying $1667 a month for 3000 acres of prime wheat and pasture land with irrigated alfalfa. Here's what rents in town for $2000...
Karla and Joseph Ayers Lease 3,000 Acre Ranch Six Times Below Market Rate From Elderly Mother
Using the statistics from the 2014 USDA National Agricultural Statistics Service, we found the lease that Karla and Joseph paid the corporation of only $20,000 a year for 100+ of irrigated hay, 1000 acres of wheatland and about 1900 acres of pasture to be about 6x below the market rate. This is how they bankrupt Juanita and the corporation. By issuing leases to themselves from themselves at such a low rate, they are able to issue stock to themselves to diminish Juanita's ownership and issue promissory notes to themselves to pay them back for the money they have to pay to bail out the bankrupt corporation that they themselves created. It's all legal they tell Juanita. And it ensures that she will walk away with nothing or die before this were all to come to light is their wish. Karla always said "oh she doesnt need anything". This always made Juanita wonder then why do Karla and Joseph need everything?
Judge Rules 15 Years Earlier that Karla and Joseph Ayers' Actions Were 'Planned, Unreasonable, and Unjustified.' Still, the Ayers Ignore Judges Order and Continue the Practice Against their Elderly Mother for another Decade.
In 2000, a judge already ruled against them in the case of Teton Land Corporation versus Jeremy Dietz. The judge said the practice of issuing stock to themselves for no reason and in exchange for no payment to anyone else in order to dilute other stockholders stock was "PLANNED, UNREASONABLE and UNJUSTIFIED." This is textbook Financial Exploitation of the Elderly. It shows their INTENT and the RESULT of permanently depriving the older person as they have done to my mother.
Karla and Joseph Ayers Use Undue Influence to Force their Elderly Mother to Accept Theft of her Assets
One of the most common characteristics of abusive children of their elderly parents is a sense of entitlement. The following letter sadly demonstrates that even when Juanita was willing to let them force her to leave with less than what she owned, it was still not enough for them. Their final offer was that she had to leave with only 23.95% or less than half of what she actually owned and had to pay 20% more of the debt than she actually owed which was only debt that was accumulated under their management and never paid off. This is called undue influence and is another part of financial exploitation of the elderly. Sadly, this will continue until enough people become outraged that abusive children can simply steal whatever they want from their elderly parents and the state and the authorities will do nothing to stop them. Montana needs to understand that most financial exploitation goes unreported due to the shame the elderly person feels. And when it is reported, those in authority don't take it seriously or want to do anything about it. After one year, and the fight we have had to endure just to attempt to get the matter investigated and prosecuted is enormous and why so few convictions are on the books in Montana. My mother has still received no phone call or acknowledgement other than the letter from the Assistant Attorney General Chad Parker 3 months ago to the Chouteau County Prosecutor asking why criminal charges had not been brought upon the perpetrators. We have provided documented evidence of every facet of the Financial Exploitation of the Elderly Law. Now, we need the help of you and the media to get the word out about this crime so justice can prevail and other predators will think twice before stealing from their own parents. This has destroyed my entire family. We pray to God it will not destroy yours.
