New York Attorney General Letitia James today announced the indictment and arrest of Frank Whittaker, 56, of Kingston, NY and his daughter Christine Ellsworth, 38, of Accord, NY for allegedly stealing more than $280,000 from a vulnerable elderly victim in Ulster County. After earning the trust of the victim by providing lawn maintenance and assisting with household tasks, Whittaker and Ellsworth gained access to the then-92 year-old’s checkbook and finances. Whittaker had himself appointed as a Power of Attorney (POA) over the elderly victim’s finances, allowing him and Ellsworth to steal her life savings.
“Scammers who manipulate vulnerable seniors are stealing savings that took a lifetime of hard work to earn,” said Attorney General James. “Instead of fulfilling their promises to take care of this victim and her home, Frank Whittaker and Christine Ellsworth abused her trust and stole her life savings. I thank Superintendent James and our partners in law enforcement for their assistance in this investigation, which sends a clear message that anyone who tries to defraud New Yorkers will be brought to justice.”
“This joint investigation revealed these individuals perpetuated a devious scheme to take advantage of a vulnerable individual, placing them in an unguarded situation,” said New York State Police Superintendent Steven G. James. “There was no regard for the victim’s well-being, who trusted and depended on Whittaker and Ellsworth as caregivers. I applaud the work done by our State Police members, the Attorney General’s Office, Ulster County Department of Social Services, Ulster County Sheriff’s Office, and Ulster County District Attorney’s Office for their work in ending this deceit.”
Beginning in 2021, Whittaker and Ellsworth gained the trust of the victim, who needed assistance caring for herself and her home. Whittaker introduced his daughter to the victim, who was then hired as her “companion.” The two then allegedly ingratiated themselves to the elderly victim and convinced her that their assistance was vital to her well-being. To accomplish their alleged crimes, Whittaker convinced the victim to grant him POA over her affairs and added himself as the POA on multiple bank and annuity accounts belonging to the victim, with Ellsworth named as the successor POA. Though he had POA, Whittaker was not legally allowed to spend the victim’s money for his and his daughter’s personal benefit.
Over the next year, Whittaker and Ellsworth allegedly stole over $280,000 from the victim by writing themselves over $49,000 in checks and illegally transferring over $230,000 in funds from the victim’s bank and investment accounts into an account in Whittaker’s name.
Whittaker and Ellsworth allegedly spent the stolen funds on a new 2021 GMC Sierra pickup truck costing $57,500, and spent thousands of dollars at local restaurants and stores, including Walmart, a jeweler, and florists, among other personal expenses. They also made numerous cash withdrawals, including at ATMs located in Turning Stone Casino and Resort in Verona, and the Saratoga Casino Hotel in Saratoga Springs.
Whittaker and Ellsworth were arraigned before Ulster County Judge Bryan E. Rounds. They were charged with Grand Larceny in the Second Degree for the thefts they allegedly committed from July 2021 to August 2022. If convicted, they face a maximum sentence of up to 15 years in prison.
The charges are merely accusations, and the defendants are presumed innocent unless and until proven guilty in a court of law.
This action builds on Attorney General James’ longstanding efforts to protect New Yorkers, especially vulnerable seniors, from fraud and abuse. In May, Attorney General James secured a $10.1 million settlement from two health care companies that failed to provide New York seniors with personalized health care services. Also in May, Attorney General James won a trial against a pharmaceutical company for their deceptive and fraudulent advertising of a “memory improvement” supplement. In February, Attorney General James secured more than $650,000 from a debt collection law firm for preying on vulnerable New Yorkers. In August 2023, Attorney General James and the Federal Trade Commission secured $1.6 million from an online apartment finder for defrauding renters. In May 2023, Attorney General James sued a telecommunications company for illegally making billions of robocalls to millions of Americans that targeted seniors with Social Security and Medicare scams.
Attorney General James thanks the New York State Police Financial Crimes Unit, the Ulster County Department of Social Services, the Ulster County Sheriff’s Office, and the Ulster County District Attorney’s Office for their valuable assistance in this matter.
This case is being prosecuted by Assistant Attorney General Cheryl J. Lee of the Criminal Enforcement and Financial Crimes Bureau (CEFC). Analytical work was provided by Legal Analyst Kai Tsurumaki under the supervision of Supervising Analyst Paul Strocko and Deputy Supervising Analyst Jayleen Garcia. Forensic accounting was performed by Forensic Auditor Kirven Bashiri, under the supervision of Chief Auditor Kristen Fabbri and Deputy Chief Auditor Sandy Bizzarro of the Forensic Audit Section. CEFC is led by Bureau Chief Stephanie Swenton and Deputy Bureau Chief Joseph G. D’Arrigo.
The criminal investigation was conducted by Detectives Eamon H. Murphy and Jason Johnston, under the supervision of Assistant Chief Samuel Scotellaro and Deputy Chief Juanita Bright of the Major Investigations Unit. The Investigations Bureau is led by Chief Investigator Oliver Pu-Folkes. Both CEFC and the Investigations Bureau are part of the Division for Criminal Justice, which is led by Chief Deputy Attorney General Jose Maldonado and overseen by First Deputy Attorney General Jennifer Levy.