Initial Letter to Votel 12.28.2009

An initial call, early on, had been placed to shawn Hines, Lee County Prosecuting Attorney by Barbara Gail, but as to be expected, he listened for a moment, then hung up on her.

Ultimately Preble County, while investigating as a theft by deception recognized they didn't have the funds to bring those involved to Preble County for a grand jury and suggested filing with the Lee County Prosecuting Attorney. 

December 28, 2009

Martin P. Votel, Prosecuting Attorney
101 E. Main St.
Courthouse, First Floor
Eaton, OH 45320

Dear Mr. Votel,

I am asking the Preble County Prosecutor's Office to investigate and confirm that Elizabeth King-Jones of Preble County embezzled $14,851.42 from long-term health insurance payments she invoiced and received, which had the intended purpose of reimbursing the salaries paid for the continued care of our father. The money was apparently used for Elizabeth King-Jones's personal use. 

Unsure of the correct procedural path for filing a criminal complaint I copied Preble County Sheriff Michael Simpson.

I, Larry W. King, along with my older sister, Barbara G. Lochner, Rt2 Box 411H, Pennington Gap, VA 24277 were co-guardian and co-conservator of  our mother, Athelene V. King, Rt2 Box 559, Pennington Gap, VA from July 2007 until she passed away January 20, 2009. 

The younger and remaining sibling, Elizabeth King-Jones, 8213 US Route 35E, West Alexandria, Ohio 45381 has the durable POA for our father, Clarence King, who as of this writing, resides in Harborside Nursing Home in New Lebanon, OH.

Our parents both resided in their home in Pennington Gap, VA. Our mother was diagnosed with Cortico-Basil Degeneration (CBDG) in 2004. CBDG is a progressive disease gradually restricting movement, speech and paralyzing muscles, however, comprehension seemed to have continued with mother, but feeling more and more internally isolated until her death. In '04 and '05 our father began displaying symptoms of stroke and dementia until his first medical diagnosis of Vascular Dementia in October 2005.

Both parents had/have individual long-term policies with Genworth LT Insurance Company (formally General Electric) with a maximum dollar amount per policy, per day ($66-$80) to supplement the cost of in-home care providers. Each parent had, for at least 25 years, individual checking accounts. When it reached the point that both required 24hr care, the combined policies covered the full 24 hour provider cost. Barbara and I had oversight between 6PM and 6AM, meaning we paid the hourly rate, invoiced and reconciled those 12 hours per day. The invoices were reimbursed monthly.  Ms Jones did the same between 6AM and 6PM. Between 9.17.07 and 3.07.08, Ms. Jones filed invoices, collected the money from the insurance company to reimburse the providers, and kept the money. Mother was completely bedridden and Barbara and I were forced to use mother's money to pay for the care providers for our father between 6AM and 6PM that Ms. Jones had invoiced and collected -but not paid- to the providers. The providers continued to oversee our father who, though ambulatory, required constant supervision, hence determined 100% disabled by the insurance company.

Mother's estate is being overseen by Karen Bishop, Esq., P.O. Box 4023, Wise, VA, 24293. Several attempts have been made to determine the whereabouts of the 14K, but as I understand it, the last response from Ms. Jones was, "The providers were paid twice".  She doesn't have cancelled checks. During the time in question, Barbara and I were obviously well aware that they were not receiving money from Ms. Jones. 

I have available all check copies from mother's account to show the full amount that Barbara and I paid to the providers. The providers will attest to the fact that at Ms.Jones request they continued to file invoices to the insurance company. The insurance company, I'm sure, has copies of the invoices, and check receipts showing the amount of money being transferred to the designated account Ms Jones had control of for the purpose of paying for care providers.

Mother has passed, but laws have been broken.  As I understand it, embezzlement is misappropriation of money that a person is  responsible for.  Ms. Jones collected the money and did not spend it for the purpose for which it was paid. 

I will present myself in Preble County with any materials to which I have access in order to support the above allegation. 

Please be kind enough to provide me a contact in the appropriate office, so any additional written or phone information can be provided.  Hopefully, a determination could be made by the end of January, 2010.