A father and daughter have been convicted of stealing more than $230,000 from a vulnerable elderly adult in Ulster County.
According to Attorney General Letitia James, 56-year-old Frank Whittaker, of Kingston, NY, and 39-year-old Christine Ellsworth, of Accord, gailed the trust of the elderly victim by providing lawn maintenance and assisting with household tasks, and eventually 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 and from July 2021 through August 2022, Whittaker and Ellsworth stole over $230,000 by writing themselves checks and illegally transferring funds from the victim’s bank and investment accounts into an account in Whittaker’s name.
Whittaker was sentenced Tuesday to five years of probation and must pay restitution to the elderly victim. Ellsworth was also sentenced Tuesday to three years of probation during which she is prohibited from working with the elderly.
Beginning in 2021, Whittaker and Ellsworth gained the trust of the victim, who needed assistance caring for herself and her home. 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 stole over $230,000 from the victim and used the stolen funds to purchase a new 2021 GMC Sierra pickup truck costing $57,500, and also 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.
In August 2024, Whittaker and Ellsworth were charged by an Ulster County Grand Jury with Grand Larceny in the Second Degree (a Class C felony). Simultaneous with their arrests, the Office of the Attorney General executed a search warrant to seize the remaining funds in Whittaker’s bank account, recovering over $92,000 of the victim’s stolen money.
On November 12, 2024, before Judge Bryan Rounds in Ulster County Court, Whittaker pleaded guilty to Grand Larceny in the Third Degree (a Class D felony) and Ellsworth pleaded guilty to Petit Larceny (a Class A misdemeanor). Whittaker was sentenced today to five years’ probation, and must pay $192,000 in restitution to the elderly victim, including forfeiture of the $92,000 that OAG seized from his bank account. Ellsworth was sentenced to three years’ probation and as a condition of her probation, she is prohibited from working with the elderly for three years.
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