NEWS: Governor Tony Evers has signed 2021 Wisconsin Act 76 into law. Effective August 8, it offers new tools to fight abuse of the elderly.
The new law allows a court to issue an order freezing the assets of a defendant charged with financial exploitation of an elder person, age 60 or over. The order would be binding upon a financial institution holding the defendant’s assets.
Under new Wis. Stats. §971.109, the prosecuting attorney may file a petition with the court, asking it to freeze the funds, assets, or property of a person charged with a financial exploitation crime if:
- the crime victim is at least 60 years old, and
- the crime involves property valued at more than $2,500.
The petition may request the freeze in an amount up to 100 percent of the alleged value of property involved in the pending criminal proceeding. This is done to preserve the property for future payment of restitution to the crime victim.
The court must hold a hearing on the petition. If there is a showing of probable cause that the defendant used, was using, is about to use, or is intending to use any funds, assets, or property in a way that constitutes or would constitute financial exploitation, the court will issue an order to freeze or seize in a specified amount.
If the petition is granted, the court’s order shall prohibit the sale, gifting, transfer, or wasting of the funds, assets, or real or personal property of the elder person that are owned by or vested in the defendant without the express permission of the court.
A copy of the order will be served upon the defendant whose funds, assets, or property has been frozen or seized. The court’s order shall be binding upon a financial institution and any 3rd party that is in possession of the funds, assets, or property. The new law does not specify how the financial institution is to be notified or provided with a copy of the order.
Several outcomes are possible for the final disposition of the seized funds:
- Release of funds. At any time within 30 days after service of the court order, the defendant or any person claiming an interest in the funds, assets, or property may file a petition to release the funds, assets, or property. The court shall hold a hearing on the motion within 10 days from the date the motion is filed.
- Dismissal or acquittal. If the prosecution of a charge of financial exploitation is dismissed or if a judgment of acquittal is entered, the court shall vacate the order.
- Conviction. If the prosecution of a charge of financial exploitation results in a conviction, the court may order that the funds, assets, or property that were frozen or seized be released only for the purpose of paying court ordered restitution.
Other provisions of 2021 Wisconsin Act 76:
- Increase penalties for crimes against elder persons;
- Allow an elder person who is seeking a domestic violence, individual-at-risk, or harassment restraining order to appear in a court hearing by telephone or live audiovisual means, rather than in person;
- Increase the penalties for sexual assault of an elder person; and
- Criminalize physical abuse of an elder person.