08 February 2016

Greedy Fil-Am Caregivers Serving Jail in U.S.

Criminal Nurse in US
Ever wondered what happened to a Filipina certified nursing assistant (CNA) and her younger sister who were charged in the U.S. of bilking US$ 350,000 from a senior citizen under their care in 2012?

They were caught, charged and sentenced on 22 December 2014 to six and four years in state prison, respectively, after they pleaded guilty to charges.

Judge Joseph M. Claps of the Circuit Court of Cook County in Chicago sentenced Carmelita Pasamba, 64 years old, to six years in state prison. She pleaded guilty to one of 11 counts of financially exploiting an elderly (more than 80 years old) in the amount of more than US$ 5,000; financially exploiting a disabled in the amount of more than US$ 100,000; theft to deprive the owner permanently of the use or benefit of property worth between US$ 100,000 and US$ 500,000; and theft through deceptive practice of at least US$ 50,000.

Judge Claps also imposed on Pasamba an additional five years in state prison after she pleaded guilty to forgery/making documents stating that her client is of sound mind. Pasamba made it appear that Dr. Pradag Simovic issued on 30 April 2008 a document attesting that her client, Marshall F. Davies, had no memory loss, but Simovic disowned the signature in the document.

The prison terms of six years and five years will run concurrently. Pasamba was given 628-day credit for time served. She is expected to be released on 23 March 2018 and will be eligible for parole on 23 March 2016 with a mandatory supervision release of one year.

Her sister, Jocelyn Vargas Baker, 48, was sentenced to four years in state prison for one of six counts of financially exploiting an elderly and disabled and theft charges. She was sentenced to a two-year mandatory supervision release and was given 628-day credit for time served. She was eligible for parole last 24 March 24, 2015.

Carmelita Pasamba’s husband, Edgardo Pasamba did not enter any plea when he was arraigned , but he was later sentenced to jail for 364 days to time served after pleading guilty to one count of misdemeanor trespassing to a vehicle. The cases of Edgardo and his wife Carmelita and Jocelyn were consolidated and heard by Judge Claps. The three were also locked behind bars during the pre-trial.

The three Filipinos were charged criminally by Cook County State Attorney Anita Alvarez with felony offenses of financial exploitation of a senior citizen, Marshall F. Davies, 94. They spent more than a quarter million dollars of Davies’s money, giving loans to themselves but did never repay the amount.

Both Carmelita and Edgardo entered into a settlement agreement four months ago with Robert Harris, the Cook County Public Guardian, in the Citation to Recover Assets filed against them before Cook County Probate Court.

The couple agreed to return at least US$ 59,600 "restrained" funds that will come from the Healthcare Associates Credit Union of about US$ 8,700; US Bancorp, US$ 8,600; from JP Morgan Chase Bank, US$ 33,900, all under the name of Carmelita Pasamba.

Both Carmelita and Edgardo Pasamba also let the Public Guardian "collect and retain" all funds held in the Public Guardian's escrow styled, "Davies, Marshal Escrow for Mercedes Proceeds" totaling US$ 8,400 representing the sale of the Mercedes Benz SUV purchased by Carmelita and Edgardo using Davies’ money.

While the Pasambas also agreed to "continue payment" to Davies and/or heirs of Davies named in the last will and testament, they did not admit to any wrongdoing.

The settlement does not cover other defendants in the probate case – namely, Pasambas' adult son Dennis Pasamba and Filipino-American lawyer Alfonso Bascos, who prepared the power of attorney that enabled Carmelita to gain access to the victim’s bank accounts, stocks, bonds, money market papers, etc.

Carmelita overstayed in the US after her "visitor/working" visa expired in 1977.

Jocelyn, who is also a certified nursing assistant, has no record of entry into the U.S., the U.S. Immigration and Customs Enforcement office said. They are likely to be deported after serving their sentences. Edgardo, on the other hand, is a green-card holder. He came to the U.S. in 1983 on a visitor’s visa.