September 23Rd, 2004 Disability, Abuse & Personal Rights Conference Call Dr

SEPTEMBER 23RD, 2004 DISABILITY, ABUSE & PERSONAL RIGHTS CONFERENCE CALL DR. BLUM? IS JOHN HENG HERE FROM PIXION?

> HELLO. HI DR. BLUM, THIS IS DR. NORA.

> HELLO DR. NORA,

>PEOPLE THAT ARE ON THE LINE ARE ABLE TO HEAR US AND SO WE ARE BASICALLY MARKING TIME FOR ABOUT FIVE MINUTES WHILE PEOPLE GO ONLINE AND I'M GOING TO CHECK THE CHAT TO SEE WHO ELSE IS HERE. PEOPLE ARE CALLING IN AROUND NOW AND LOADING UPRIGHT AROUND NOW. JOHN, ARE YOU THERE? I WILL MUTE MYSELF OUT, BUT I WILL BE HERE THE ENTIRE TIME AND NEED TO KNOW WHAT IS ON THE SCREEN--OH, GOOD, JOHN IS HERE. IF YOU NEED ANYTHING, ALL YOU NEED TO DO IS SAY , NORA AND I WILL BE RIGHT THERE. GOOD COUGH--

> JOHN?

> NO, THIS IS BENNETT. I THINK I HEAR JOHN COUGHING IN THE BACKGROUND.

> I THINK SO. THERE IS NOTHING ON THE SCREEN RIGHT NOW AND I DON'T KNOW IF HE IS -- AND USUALLY JOHN IS ON THE PHONE AS WELL AND JOHN, ARE YOU ON THE PHONE? MAYBE HE WILL BE--.

> IS THERE SOMEWAY FOR ME TO TELL HOW MANY PEOPLE ARE LISTENING?

> RUNNING AROUND 130, BUT I DON'T HAVE A WAY TO LOG THAT. WE USED TO AND THE TECHNICAL KIND OF REVISION, I HAD LONGER HAVE ACCESS TO THAT UNTIL AFTER AND WHEN WE KNOW IS HOW MANY PEOPLE CALL IN AND LISTEN TO THE PRESENTATION

> I WAS INFORMED THAT MOST PRESENTERS ARE NO LONGER DOING THE POLLING QUESTIONS?

> THAT IS RIGHT. WE'LL PROBABLY DO THAT LATER ON DURING THE LIVE CHATS.

> THAT KIND OF WENT BY THE WAYSIDE ALSO SINCE NOT EVERYBODY WAS ABLE TO SUCCESSFULLY SEE THE POWER POINT PRESENTATIONS.

> OKAY. I GOT A MESSAGE FROM MARY PAT AND GOOD MORNING NORA AND DR. BLUM.

> WONDERFUL. EL PASO, FLORIDA. AND IT'S PRETTY EXCITING AND WE HAVE PEOPLE FROM ALL AROUND THE WORLD AND MORE THAN 500 REGISTERED AND HEY CALIFORNIA, BENNETTE BLUM, I WONDER WHO THAT IS?

> YOU NEVER KNOW.

> WE ARE ONE MINUTE OUT AND

> INTERESTING, THE SCREEN I HAVE SAYS SESSION WILL BEGIN IN 15 MINUTES.

> MY SCREEN HAS ABSOLUTELY NOTHING ON IT. AND I DON'T KNOW WHY. BUT I KNOW THAT I HAVE YOUR POWER POINT PRESENTATION SOMEWHERE AND I CAN RUN BOTH SCREENS, EVEN THOUGH, I MAY NOT--.

THE TECHNICAL PEOPLE ORIGINALLY TOLD ME THAT A SCREEN WOULD--THE SCREEN WOULD CHANGE AT THE FIVE-MINUTE POINT AND TWO-MOUNTAIN POINT, BUT MY SCREEN HASN'T CHANGED YET.

> THAT WOULD BE HOPEFULLY, JOHN WILL BE ABLE TO FIX THAT.

> AND AS HE DOES AND WE ARE RIGHT AT THE TOP OF THE HOUR AND WHAT I AM GOING TO DO IS GOING TO SUGGEST THAT WE GO AHEAD AND GET STARTED. WHILE HE DOES THAT AND FOLKS KNOW THAT THEY CAN DOWNLOAD THE PRESENTATION AND ALSO HAVE RECEIVED IT THROUGH THEIR EMAIL AND THERE IS A PORT THAT THEY CAN RECEIVE IT ON. SO I'M GOING TO INTRODUCE YOU AND THEN I'M GOING TO MUTE MYSELF OUT.

> OKAY BY MY WATCH I HAVE ONE MINUTE TILL.

> MY COMPUTER SAYS 10 STRAIGHT UP AND I WILL WAIT FOR YOU SINCE YOU ARE THE SPEAKER.

> OKAY NOW IT'S 10

> IT'S MY GREAT PLEASURE TO INTRODUCE DR. BENNETT BLUM, A PSYCHIATRIST WHO WORKS IN CALIFORNIA AND ARIZONA AND ALL OVER THE NATION. AND HE IS DOING A PRESENTATION FOR US TODAY ON UNDERDUE INFLUENCE AND THE E. PLOITATION OF PEOPLE WITH STATICS AND WORKS WITH PEOPLE ACROSS THE LIFE SPAN AND ELDER ABUSE VICTIMS AND I'M GOING TO MUTE MYSELF OUT, DR. BLUM AND LET YOU GO AHEAD AND START YOUR PRESENTATION.

> THANK YOU VERY MUCH. AS DR. BALADERIAN SAID I AM A FORENSIC PSYCHIATRIST AND MY OFFICES ARE BASED IN NEWPORT BEACH, CALIFORNIA AND IN TUCSON, ARIZONA. THE TITLE OF THIS TALK IS "UNDUE INFLUENCE AND THE EXPLOITATION OF PEOPLE WITH DISABILITIES."

I SEE AND I'M MONITORING THIS--THE INTERNETIC AND I SEE THAT THAT HAS NOT START--THE SLIDES HAVE NOT STARTED TO COME UP YET. AND HOPEFULLY THAT WILL CHANGE, BUT PLEASE BEAR WITH ME BECAUSE OUR TIME IS LIMITED AND I'M GOING TO START THE PRESENTATION NOW.

DR. BLUM WHAT SOME PEOPLE HAVE DONE BECAUSE OF THE TECHNICAL PROBLEMS LIKE THIS IS THEY JUST MAKE SURE THEY READ OR ALLOW PEOPLE TO KNOW WHAT WAS ON THE SCREEN THAT THEY MAY NOT SEE.

ABSOLUTELY, I WILL DO THAT. SO FAR THE ONLY SLIDE THAT SHOULD BE UP IS THE "TITLE OF THIS TALK” WITH MY NAME UNDERNEATH AND MOVONIC TO SLIDE NO. 2, WHICH IS A WARNING. THE SLIDE STATES "THIS LECTURE PROVIDES BASIC INFORMATION ONLY. DO NOT CLAIM SPECIAL EXPERTISE BASED ON THIS LECTURE, EVEN IF YOU HAVE A AN EXPENSIVE CLINICAL BACKGROUND."

IT IS A--I HAVE FOUND THAT THIS IS A NECESSARY WARNING, BECAUSE THERE ARE FAR TOO MANY PEOPLE THAT MISTAKENLY BELIEVE THAT THIS LECTURE REPRESENT ALL THAT THERE IS TO KNOW ON THIS TOPIC.

MOVING ON, SLIDE NO. 3 , " UNDUE INFLUENCE AND FINANCIAL EXPLOITATION."

UNDUE INFLUENCE IS A PHENOMENA THAT IS FOUND IN ALL FORMS OF MANIPULATION, BUT MOST FREQUENTLY ASSOCIATED WITH FINANCIAL EXPLOITATION. OH, I SEE THE FIRST SLIDE IS UP.

TO THE PIXON STAFF PLEASE PROCEED TO SLIDE NO. 3.

> OKAY.

> TO CONTINUE, THANK YOU. UNDUE INFLUENCE IS MOST FREQUENTLY ASSOCIATED WITH FINANCIAL EXPLOITATION AND IT'S THEREFORE NECESSARY TO GIVE BACKGROUND INFORMATION ABOUT FINAL EXPLOITATION AND FINANCIAL ABUSE, SO THAT WE MAY BETTER UNDERSTAND THE ROLE OF UNDUE INFLUENCE. NEXT SLIDE. NEXT SLIDE, PLEASE. SLIDE NO. 4 IS LABELED "CRIMES ASSOCIATED WITH FINANCIAL ABUSE."

AND YOU WILL SEE A SERIES OF--A LIST OF CRIMES THAT HAVE BEEN ASSOCIATED WITH FINANCIAL ABUSE AND EXPLOITATION OF PEOPLE WITH DISABILITIES. THESE CRIMES, WHICH RANGE FROM ASSAULT, TO DRUG ABUSE TO PROSTITUTION TO VANDALISM AND SOME OF THESE DON'T SEEM TO BE INTUITIVE, SUCH AS THE DRUG OFFENSES ANDTROSTUITION AND WHAT WE HAVE FOUND IS THAT THESE ACTIVITIES ARE FUNDED BY FINANCIAL EXPOLICATION AND THE FINANCIAL ABUSES ASSOCIATED WITH EVERY CRIME THAT HAS EVER BEEN ASSOCIATED WITH MONEY. NEXT SLIDE, PLEASE.

"THE EFFECTS ON VICTIMS."

MORE TO OUR POINT ARE THE AFFECTS ON VICTIMS AND MATERIAL EFFECTS INCLUDE LOSS OF HOUSING, FOOD TRANSPORTATION OR EVEN CLOTHING.IC IT IS NOT, NORALIC TO FIND CASES OF PEOPLE FACED WITH THE--OR WITH THE HORRIFYING CHOICE TO USE REMAINING FINANCES TO BUY FOOD OR MEDICATION AND CAN ONLY CHAOS ONE OR THE OTHER. MOVING ON TO THE NEXT SLIDE, SLIDE NO. 6. SLIDE NO. 6 IS DESCRIBING SOME OF THE HEALTH-RELATED EFFECTS OF FINANCIAL ABUSE AND EXPLOITATION. IN ADDITION TO THE INCREASED ILLNESS AND MORE MORBIDITY CAUSE THE BY THE INABILITY TO AFFORD MEDICTIONATION AND, IN FACT, SOME OF YOU MAY HAVE SEEN THIS WEEK'S "NEWSWEEK" MAGAZINE, WHOSE FRONT COVER AND CENTRAL STORIES ALL DEAL WITH ILLNESS ASSOCIATED WITH MIND-BODY CONNECTION EVERIC VICTIMS OF FINANCIAL ABUSE, WHO STILL REFEIGN ADEQUATE ASSOCIATES TO PROVIDE FOR THEIR MATERIAL NEEDS ARE MORE LIKELY TO BECOME ILL AND DIE, THAN SOMEONE WITH THE SAME ASSETS, BUT NEVER HAS BEEN VICTIMIZED AND YOU CAN SEE FROM THE LIST THE COMMON ILLNESSES INCLUDE CARDIOVASCULARDISEASES, LUNG DISEASES, CHANGES IN THE IMMUNE SYSTEM AND A NUMBER EVER COGNITIVE CHANGES, ALL OF WHICH COME TOGETHER TO INCREASE THE MORALITY RATE AND ACCORDING TOSOME STUDIES IT'S AS HIGH AS FOUR TIMES THE AVERAGE RATE WHEN HELD FOR SOMEONE'S AGE AND SOCIOECONOMIC STATUS. MORPH MOVING ON TO SLIDE NO. . "FACTORS HELPING PERPETRATORS."

THERE ARE A NUMBER OF FACTORS WORTH NOTING AND THIS SLIDE SHOWS THE FACTORS--THE ISSUES THAT AFFECT VICTIMS, WHICH IN TURN HELP THE PERPETRATORS AND THESE INCLUDE THE DEATH AND/OR INCOMPETENCE AOCCURRINGTYPICALLY WHEN THE VICTIMS ARE ELDERLY AND PARENTHETICALLY IT SHOULD BE NOTED THAT A MINIMUM OF ONE OUT OF THREE PEOPLE OVER THE AGE OF 65 SUFFERS FROM A SERIOUS DISABILITY, ONE THAT AFFECTS THEIR ACTIVITIES OF DAILY LIVING AND APPROXIMATELY HALF SUFFER A MORE MILD FORM OF DISABILITY.

BUT CONTINUING ON. FEARS OF RETRIBUTION AND VICTIMS ARE OFTEN TERRIFIED THAT THE PERPETRATOR WILL EXACT REVENGE SHOULD THE VICTIM COMPLAIN. THERE IS ALSO THE FEAR OF LOSS OF INDEPENDENCE. FEAR OF POLICE AND COURT SYSTEM AND EMBARRASSMENT AND HUMILIATION FOUND IN ALL VICTIM GROUPS.

GOING ON TO SLIDE NO. 8 AND A NUMBER EVER MISCONCEPTIONS THAT HELP THE PERPETRATORS AND THESE ARE SOCIETAL MISCONCEPTIONS, BUT FIRST, THE VARIOUS BIASES AGAINST VICTIMS AND TAKING THE FORM EVER RELUCTANCE TO INVESTIGATE CASES INVOLVING VICTIMS THAT ARE COGNITIVELY IMPAIRED OR HAVE DIFFICULTY COMMUNICATING AND THOSE WHO WORK IN THE FIELD ARE WELL-AWARE OF THE PROBLEM.

THE NEXT ITEM REFERS TO THE INCORRECT BELIEF THAT FINANCIAL EXPLOITATION IS ONLY A CIVIL OFFENSE, WHEN, IN FACT,IT'S A CRIMINAL MART ANNE THIS IS WAS A TERM COINED BY MY FRIEND AND COLLEAGUE CHILD RAYUS. THE THIRD ITEM, LOERJZ DO THE WORK. THIS IS A PROBLEM THROUGHOUT THE COUNTRY AND REFERS TO COMMUNICATION PROBLEMS THAT EXIST BETWEEN AGENCIES . FOR EXAMPLE, POLICE MAY MISTAKENLY REFER TO ADUMENT PROTECTIVE SERVICES AT THE SAME TIME ADULT PROTECTIVE SERVICES IS DEFERING TO THE POLICE AND CASES ARE INEFFECTIVELY INVESTIGATED. THE NEXT TWO ITEMS MISTAKEN BELIEFS REGARDING UNDUE INFLUENCE, WILL BE COVERED LATER. THE ISSUE OF MENTAL CAPACITY WILL BE COVERED IN ANOTHER LECTURE. GOING ON TO SLIDE NO. 9. ENTITLED "MENTAL CAPACITY VERSUS UNDUE INFLUENCE."

FOR THE PURPOSE OF THIS LECTURE WE NEED TO CLARIFY THE DIFFERENCE BETWEEN MENTAL CAPACITY ASSESSMENT AND UNDUE INFLUENCE ASSETMENT.SESMENT. THE TWO ARE CLEARLY RELATED, BUT INDEPENDENT CATEGORIES. YOU CAN THINK OF RELATIONSHIP AS BEING COMPARABLE TO HEIGHT AND WEIGHT . ALTHOUGH SOME PEOPLE--PEOPLE WHO ARE TALLER TEND TO BE HEAVIER THAN IS NOT ALWAYS TRUE. THE SAME THING WITH MENTAL CAPACITY AND UNDUE INFLUENCE TO THE EXTENT THAT SOMEONE HAS SOME TYPE OF COGNITIVE IMPAIRMENT AND THEY TEND TO BE EASIER TO MANIPULATE AND ARE MORE SUSCEPTIBLE TO UNDUE INFLUENCE, BUT THE ASSESSMENTS ARE ENTIRELY DIFFERENT. MENTAL CAPACITY ASSESSMENT IS THEREFORE AN ASSESSMENT OF THAT PERSON'S BEHAVIOR DIRECTLY . FOR EXAMPLE, THE DETERMINING WHETHER A PERSON IS CAPABLE OF BALANCING A CHECKBOOK AND YOU WOULD PLACE AN ACTUAL CHECKBOOK OR REPLICA AND ASK THEM TO PERFORM THE MATHEMATICAL TASKS. UNDUE INFLUENCE IN CONTRAST, REFERS TO CHANGES IN BEHAVIOR THAT RESULT FROM THE MANIPULATIVE TACTICS OF ANOTHER PERSON.

AND SO THEREFORE, THE ANALYSIS OF UNDUE INFLUENCE IS ALWAYS LESS PRECISE THAN THE ANALYSIS OF MENTAL CAPACITY. GOING ON TO SLIDE 10, ENTIGHTED OWE ASSESS POTENTIAL FINANCIAL ABUSE SITUATIONS."

IN STANDARD & GENERAL, YOU NEED TO LOOK AT TWO BROAD ISSUES . ARE THE VICTIMS VULNERABLE? AND OF COURSE FIREWORKS YOU ARE DEALING WITH CHILDREN, THEN BY DEFINITION THEY ARE VULNERABLE AND SECONDLY, ARE YOU DEALING WITH A HIGH-RISK SITUATION? AND WE'LL CLARIFY EACH OF THOSE IN A MOMENT. GOING ON TO SLIDE NO. 11. ADULTS WHO ARE VULNERABLE ARE THOSE WHO HAVE SOME TYPE OF COMPROMISED COGNITIVE ABILITY. THOSE WHO HAVE MULTIPLE MEDICAL PROBLEMS OR SERIOUS MEDICAL PROBLEMSTCH THOSE WHO AREBUSE SUBSTANCES AND THOSE WHO ARE DEPRESSED OR HAVE OTHER OVERWHELMING EMOTIONAL PROBLEMS AND THOSE WHO ARE BEREAVED.

NEXT SLIDE. CONTINUING WITH THIS LIST, WE ARE NOW UP TO SLIDE 12 , " PEOPLE WHO ARE LONELY, ISOLATED, OTHER OVERLY TRUSTING OR PARANOID AND PEOPLE WHO HAVE STRONG BELIEFS, OR PREJUDICES ARE ALL PARTICULARLY EASY TO MANIPULATE. AND, IN FACT,, LOOKING AT THESE LAST TWO CATEGORIES, IT HAS BEEN RELATED--IT'S BEEN TOLD TO ME BY PERPETRATORS THAT THEY PARTICULARLY FIND PEOPLE THAT ARE PARANOID OR PEOPLE THAT HAVE STRONG POLITICAL BELIEFS OR PREJUDICES TO BE PARTICULARLY EASY TO MANIPULATE. BECAUSE THEY TEND TO HAVE A FAIRLY TWO-DIMENSIONAL VIEW OF THE WORLD AND IT'S EASY TO MANIPULATE THAT VIEW.

LET'S GO ON TO THE NEXT SLIDE. HIGH-RISK SITUATIONS .S IN GENERAL, SITUATIONS THAT NEED TO BE CONSIDERED ARE THOSE THAT INVOLVE SUDDEN CHANGES IN FINANCIAL OR LIFESTYLE HABITS , SUCH AS THOSE LISTED HERE--CHANGES--SUDDEN CHANGES IN SPENDING BEHAVIOR. SUDDEN CHANGES IN INVESTMENT BEHAVIOR AND WHAT I MEAN BY THAT IS SOMEONE WHO HAS ALWAYS BEEN SAY CAUTIOUS WITH THEIR MONEY SUDDENLY IS LOANING MONEY OR INVESTING MONEY IN HIGHLY RISKY VENTURES. CHANGES IN GIFT-GIVING AND/OR THE RECIPIENTS. THERE HAVE BEEN A NUMBER OF CASES IN WHICH PEOPLE--IN WHICH PERPETRATORS ARE WORKED BEHIND THE SCENES TO GIVE RELATIVELY SMALL AMOUNTS OF MONEY TO FAMILY MEMBERS AND CAUSING THE FAMILY MEMBERS OR INHAD THICKING THE FAMILY MEMBERS FROM PRYING TOO DEEPLY INTO THE VICTIM'S OTHER FINANCIAL ACTIVITIES.

RECENT CHANGE IN THE FAMILY STRUCTURE OR FRIENDSHIPS, AS WILL YOU SEE, THE BRAND NEW BEST FRIEND, A TERM THAT I CLAIM BACK IN THE 1990S IS A VERY STRONG DESCRIPTOR OF PERPETRATORS.

CHANGES IN THE PERSONAL RESIDENCE OR PEOPLE HAVE MINIMAL INTERACTIONS AND WE'LL DISCUSS ALL OF THESE A LITTLE LATER IN SOME OF THE CASE STUDIES WE'LL DO TOGETHER. GOING ON TO SLIDE 14. UNDUE INFLUENCE. THIS PHRASE IS A LEGAL TERM AND IT'S NOT A MEDICAL TERM. AND ONLY A JUDGE OR JURY MAY DECIDE IF UNDUE INFLUENCE EXISTS . HOWEVER, BEHAVIORAL EXPERTS HAVE CREATED SEVERAL MODELS TO EXPLAIN MANIPULATIVE BEHAVIORS AND THESE MODELS DEFINE BEHAVIORS THAT ARE ASSOCIATED WITH UNDUE INFLUENCE AND LOOKING AT SOME OF THESE, AT SOME OF THE MORE SPECIFIC BEHAVIORS IN QUESTION.

SLIDE 15 ENTITLED "UNDUE INFLUENCE AND LAW."

ONE OF THE DEFINITIONS OF UNDUE INFLUENCE IS GIVEN ON THE SLIDE. AS YOU CAN SEE UNDUE INFLUENCE REFERS TO THE EXCESSIVE AND INAPPROPRIATE MANIPULATION OF ANOTHER PARTY. THE SOME OF THE COMMON BEHAVIORS THAT INDICATE UNDUE INFLUENCE INCLUDE LIMITATION PRIVACY WHEN THE VICTIM IS WITH OERJZ. DISCUSSION OF TRANSACTION AT UNUSUAL OR INAPPROPRIATE TIMES, CONSUMMATIONOF TRANSACTION AT AN UNUSUAL PLACE, USE OF MULTIPLE PERSUADERS AGAINST A VULNERABLE SINGLE PERSON, EXCESSIVE DEMANDS THAT BUSINESS BE COMPLETED AT ONCE, EXTREME EMPHASIS ON THE ADVERSE CONSEQUENCES OF DELAY. SOME COURTS HAVE CONSIDERED THOSE BEHAVES TO BE INDICATIVE OF UNDUE INFLUENCE . ALTHOUGH THERE IS NO SINGLE BEHAVE THAT CONSISTENTLY DEFINES THAT PROCESS. NEXT SLIDE.

NOW GIVEN THIS BACKGROUND, WE ARE ABOUT TO EMBARK ON THE ACTUAL ASSESSMENT OF UNDUE INFLUENCE. NEXT SLIDE. THIS IS SLIDE 17. SUBTYPES OF UNDUE INFLUENCE. BECAUSE UNDUE INFLUENCE IS SUCH AN UNUSUAL AND DIFFICULT TOPIC AND A VAGUE TOPIC TO PIN DOURNTION IT'S OFTEN TIMES USEFUL TO COMPARE HOW DIFFERENT, NOT ONLY HOW DIFFERENT PEOPLE VIEW THE POPIC, BUT ALSO HOW IT'S VIEWED IN DIFFERENT LAWS.

ONE OF THE MOST USEFUL, THAT I HAVE FOUND, AT LEAST IN TERMS OF SETTING UP A THEORETICAL FRAMEWORK, THE LAWS IN AUSTRALIA. IN AUSTRALIA UNDUE INFLUENCE IS SUBDIVIDED INTO SEVERAL CATEGORIES. NOW THESE CATEGORIES THAT WE'RE ABOUT TO DISCUSS ARE NOT MEANT TO BE USED IF YOU GO INTO COURT HERE IN THE UNITED STATES . HOWEVER, EXCUSE ME--IT WILL HELP IF YOU ARE INVESTIGATING A CASE.

THE FIRST CATEGORY EQUATES UNDUE INFLUENCE ARE COERCION. IN OTHER WORDS, DO WHAT I TELL YOU TO DO OR ELSE. AND AN EXAMPLE OF COERCION MAY BE A CARE TAKER TAKING A DISABLED PERSON THAT MEDICINE WILL ONLY BE GIVEN IF THE DISABLED PERSON PAYS EXTRA MONEY OR SIGNS OVER PROPERTIES. I HEARD A CLASSIC CASE OF THIS IN BEVERLY HILLS, IN WHICH A FRIEND UNEXPECTED SHOWED UP TO VISIT SOMEONE AND THROUGH THE DOOR OF THE HOUSE HEARD HER FRIEND AUTOIC OUT IN PAIN AND HEARD THE BRAND NEW CARE TAKER SAID, PAIN KILLERS WOULD BE GIVEN ONLY IF THE RESIDENT AGREED TO SIGN A NEW WILL GIVING THE PROPERTY OVER--SIGNING THE PROPERTY OVER TO THE CAREGIVER. AND IN THIS CASE IT IS THIS TYPE OF MANIPULATION IS VERY SIMILAR TO EXTORTION OR BLACKMAIL AND SOMEONE SAYS PAY ME MONEY OR SOMETHING BAD IS GOING TO HAPPEN.

THE NEXT SECTION HAS TO DO WITH MISUSE OF A POSITION OF TRUST. AND CLASSIC EXAMPLE OF THIS IS A "SWEETHEART SCAM."

AND A CAREGIVER WHO SAYS IF YOU GIVE ME YOUR HOUSE, I FROMS TAKE CARE OF YOU THE REST OF YOUR LIFE, WHEN THERE IS NO INTENTION TO DO SO. THERE HAVE BEEN CASES OF LAWYERS, OR PHYSICIANS WHO HAVE MADE SIMILAR COMMENTS TO THEIR CLIENTS IN ORDER TO OBTAIN THEIR CLIENT'S ASSETS. GOING ON NO*. TO THE NEXT SLIDE. TO CONTINUE, THE THIRD CATEGORY IS THAT OF INAPPROPRIATE SALESMANSHIP OR WHAT IS CALLED "AN UNCONSCIONABLEBARGAIN."

THIS REFERS TO THE INAPPROPRIATE SALES TACTICS, SUCH AS SCALPING, OVERCHARGING AND I TEND TO SUMMARIZE THIS AS HURRY, BUY TODAY AT ONLY TWICE THE PRICE.

NOW ALL OF THIS, THESE CATEGORIES OF UNDUE INFLUENCE ARE OF COURSE, SIMILAR TO THAT OF FRAUD. THE FRAUD OF COURSE, IS A CRIME. AND THERE IS A SUBTLE DIFFERENCE BETWEEN FRAUD AND UNDUE INFLUENCE. FRAUD OF CURIOUS CAN BE PROSECUTED DREKTSLY WHEREAS UNDUE INFLUENCE CANNOT. BUT FOR PURPOSES OF A MENTAL HEALTH PROFESSIONAL OR SOCIAL WORKER, WHO WANTS TO EXPLAIN THIS TO FAMILY MEMBERS, THE REAL DIFFERENCE THOSE DO WITH THE AMOUNT OF LYING AND FALSE HOODS THAT ARE PRESENTED TO THE VICTIM. IN REAL LIFE, IT MAY BE IMPOSSIBLE TO DIFFERENTIATE UNDUE INFLUENCE FROM FRAUD. WHAT FRAUD IS BASICALLY IS WHERE A PERSON PROMISES A GOOD OR SERVICE AND NEVER HAS ANY INTENTION OF DELIVERING IT.

WHEREAS WITH UNDUE INFLUENCE, THE GOOD OR SERVICE MAY BE PROVIDED, BUT AT AN EXORBITANT AND INAPPROPRIATE COST TO THE VICTIM, ALSO BASED UPON INAPPROPRIATE AND INADEQUATE INFORMATION GIVEN TO THE VICTIM. GOING ON TO THE NEXT SLIDE. I HAD MENTIONED EARLIER THAT THERE WERE A NUMBER OF DIFFERENT MODELS, BEHAVIORAL MODELS THAT HAVE BEEN CREATED TO LOOK AT MANIPULATION. AND, IN FACT, THIS TOPIC HAS BEEN DISCUSSED IN LEGAL AND BEHAVIORAL LITERATURE FOR THOUSANDS OF YEARS. SOME OF THE MORE RECENT RESEARCHERS IN THIS AREA ARE LISTED ON THIS SLIDE. THE FIRST IS EDGAR SHINE AND STUDIED FACTORS ROILTSED TO SALES, INCREASING SALES IN VARIOUS TECHNIQUES. ROBERTLYSTON LOOKING AT FACTORS INHERENT IN POLITICAL AND POW CAMPS AND MARGARET SINGER SPECIALIZED IN THE TACTICS THAT CULT LEADERS USED TO MANIPULATE FORALICKS AND ROBERT CHILDINI RESEARCH SOCIAL INTERACTIONS AND MOST HIS WORK IS ALSO DEDICATED TOWARDS BRIZ PRACTICES.