Victims of investment-related fraud in North Dakota could soon recoup some of their losses through a proposed restitution fund. A bill to establish that kind of assistance recently cleared the state Senate. The measure, which now moves to the House, would offer payments if efforts to collect restitution, ordered by the state, are unsuccessful.

Victims would need to apply and would be given up to $50,000 or 50% of the lost money, whichever is less.

Karen Tyler, North Dakota Securities Commissioner, said while this only covers scams tied to financial markets, it still could have an impact.

"Financial criminals are very creative in the different ways that they structure their frauds," Tyler said. "And so, certainly, we are seeing romance-type scams that are connected to investment-related conduct as well."

She said romance scams are becoming more prevalent, noting they often target older individuals who lost their spouse and are seeking companionship. After meeting online, the scammer will convince them to open an investment account, with the funds eventually being stolen. The bill has sponsors from both parties and received overwhelming support in the Senate.
AARP North Dakota is among those calling for the bill's final passage.

Janelle Moos, advocacy director for AARP North Dakota, said the group knows the fund will not make victims whole, but insisted it is a step in the right direction in compelling those targeted, especially older adults, to take action.

"Older adults are often targeted because they're seen as having wealth in the form of retirement savings or a pension, steady Social Security checks, and they're at a point in time in their life that they're least able to recover financially," she said.

Moos added scammers also target these individuals because they believe it is easier to establish trust with older people. The plan calls for $1-million to be put into the fund each year. The Securities Department projected it would come from revenue generated by the agency, which is about $23-million for the current biennium.

The collapse of two banks has put the U.S. financial sector into focus this week.

Some are considering the alternative structures of institutions like credit unions. Troy Stang is the president and CEO of the GoWest Credit Union Association, which represents more than 300 credit unions in Oregon and five other states.

He said tumult in the financial market historically generates interest in the local structure of credit unions.

"Whether it was with the dot-com bust, whether it was with the activities that led up to the Great Recession," said Stang, "consumers at their kitchen tables started having these conversations more intentionally about who is it that we do our financial services with?"

Silicon Valley Bank's collapse is the second-largest bank collapse in U.S. history. To get depositors their money, the Federal Deposit Insurance Corporation has stepped in.

Stang noted that the National Share Insurance Fund administered by the National Credit Union Administration is the equivalent regulator for his institutions and is paid for by the credit union system.

Stang said credit unions are not-for-profit and member-owned.

"We're not accountable to Wall Street investors," said Stang. "We're not accountable to other forces outside of our membership. And so it's a much different model."

Stang said many of the credit unions in his association have spent the last week reassuring customers and noting differences in their institutions' structure from others.

He added that a strong financial system is important for consumers, regardless of which institution they bank with.

Renters these days are getting hit with all kinds of extra charges, and consumer advocates want the federal government to crack down on the so-called "junk rental fees."

A new report from the National Consumer Law Center found many landlords charge excessive fees, not just for utilities but to process a rental application, move trash to the bins, allow roommates or pets, accept certain forms of payment or notify you of late payment.

April Kuehnhoff, senior attorney at the center, said with rents already sky-high, all extra fees must be disclosed ahead of time.

"There are fees that people can't opt out of, so it's very difficult to comparison shop or to actually know how much does it cost to rent this apartment," Kuehnhoff explained.

The Consumer Financial Protection Bureau and the Federal Trade Commission are both looking into the issue of junk fees. Advocates want the government to crack down on abuses by large landlords and debt collectors, and work with private companies such as Zillow and Apartments.com to make sure fees are disclosed upfront.

Kuehnhoff pointed out pest-control fees may even be illegal.

"The duty of a landlord is to provide a habitable space," Kuehnhoff stressed. "So you should be delivering an apartment that's free of rodents free of cockroaches, and it shouldn't be up to the tenant to pay an additional sum."

The California Legislature is considering Senate Bill 611, which would force landlords to disclose upfront the true rent and any required fees. It is part of a six-bill legislative package to combat junk fees in housing, hotels, car rentals, ticketing, electric-vehicle purchases and small-business financing.


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Seventy percent of those who reach age 65 will need long-term care services or expensive in-home nursing care, and 42% of it nationwide is paid for by Medicaid.

With long-term care costing nearly $100,000 a year in Nebraska as of 2022, assets can quickly be wiped out.

Ann Mangiameli, an attorney in Omaha, said states are required to "recover" funds Medicaid spends on in-home or out-of-home nursing care for those 55 and older, but the Spousal Impoverishment program allows the healthy spouse to preserve a portion of their assets. It includes their house, if the spouse continues to live there.

She pointed out if one member of a couple may need nursing home care, they should request a "Spousal Impoverishment" assessment through the Department of Health and Human Services, which involves dividing their total assets in half.

"And then they look at the half of the assets that goes to the spouse that's going to be considered the one needing the nursing care," Mangiameli explained. "That person needs to spend their assets down to $4,000 in Nebraska to qualify for Medicaid."

Mangiameli noted the house is not considered when totaling the couple's assets. She said once the spouse needing care qualifies for Medicaid, the house should be transferred to the name of the spouse living there, referred to as the "community spouse." If it is not done, and the community spouse dies first, the house becomes eligible for Medicaid recovery since it is considered an asset of the spouse who's receiving Medicaid.

As of 2022, the "community spouse" can keep a maximum of roughly $137,000 and a minimum of roughly $27,000. They can also keep their income up to just over $3,400 a month, with amounts adjusted annually based on inflation.

Mangiameli emphasized by delaying the Medicaid assessment until the couples' assets have further dwindled, the community spouse may qualify to keep a lower amount. She also cautioned seniors assets given away within five years of applying for Medicaid -- the current "look-back" period -- will be considered when determining total assets. Although it will not permanently disqualify a person from Medicaid, it will result in a "penalty period."

"So, let's say you gave away $100,000, and the nursing home that you're going into is $10,000, you are ineligible for a period of 10 months," Mangiameli outlined. "It's the actual cost of the facility up to whatever that amount of money is."

Mangiameli added since 2017, the state law said all assets, with or without a probated will, and including those in a trust, may be eligible for Medicaid recovery.

Nebraska's Spousal Impoverishment Program and Medicaid Recovery both include a number of exceptions and special considerations, so Mangiameli urged seniors to consult with an elder law attorney and not delay seeking a Spousal Impoverishment assessment if they anticipate needing Medicaid in the future.

"People need to know that Medicaid Recovery is a thing; that they will get letters," Mangiameli stressed. "Nebraska is required to try to get paid back for any Medicaid payments, specifically once they are in nursing homes. And families usually don't know that until they get those letters in the mail."


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