Robert B. Parker’s Damned If You Do

30

Jesse took the Acela Express to Wilmington, Delaware, and cabbed it to the Federal Building, arriving in time for his meeting with Deborah Rothenberg, the state’s attorney assigned to the Amherst Properties case.

Like more than half of all U.S. publicly traded companies, Amherst was incorporated in the state of Delaware, and although the state was well known for being corporation-friendly, it took its responsibility as watchdog over all types of corporate malfeasance seriously.

Rothenberg had been with the D.A.’s office for more than twenty years and was known as a tough-minded prosecutor. She was a handsome woman, conservatively dressed in a black Ann Taylor pantsuit. She wore metal-rimmed bifocal glasses. She and Jesse squeezed into her cluttered office, which offered a view of the Delaware District Courthouse located directly across the street.

“Amherst Properties, right,” Rothenberg said, rummaging around on her desk until she found the proper folder.

“Yes,” Jesse said.

She glanced briefly at the file, then focused her attention on Jesse.

“What is it you want to know?”

“Why charges were never pressed.”

“May I speak frankly,” she said. “Off the record, so to speak?”

“Of course.”

“Amherst is in the business of acquiring mid-range senior-citizen facilities and operating them at bare-bones financial levels. They market dwellings and services that appear to be consistent with the industry standards, but they charge considerably less than standard prices. Their slogan is: ‘Pay less, get more.’”

Rothenberg shifted in her seat and leaned forward.

“When we were considering whether or not to file charges,” she said, “we looked into a number of the Amherst properties. What caught our attention was their constant care facilities, the fastest-growing segment of their business, one that provides services to a special-needs clientele.

“What we found in these units was a great many individuals who had been simply parked in them, either by family members or estate conservators.”

“What do you mean parked?”

“The country is currently experiencing a significant spike in the number of aging citizens who are childless. Boomers mostly, individuals who chose to eschew the traditional family life and remain unmarried with no kids. As a result, more and more of these heirless elders are being admitted to managed care facilities without the participation or supervision of any loved ones. So long as their savings accounts qualify and they have the proper insurance, they’re looked upon by outfits like Amherst as cash cows, all primed and ready for milking.

“Which is not to say that the various Amherst facilities didn’t inherit a number of pre-existing residents who had family. It’s that their business plan is taking them in a different direction, one in which the desired demographic is now comprised mostly of singles who will ultimately wind up in their special care units. Which allows each facility pretty much free rein to do as it pleases.”

“Meaning?”

“What caught our attention at Marlborough was that it was operating its special care unit with insufficient staff. Patients there were frequently found alone and sedated. Some even tethered to their beds. By charging less, they’re forced to cut corners elsewhere, and unburdening themselves of the cost of supervisory personnel is a great place to start. Particularly when there’s no one around to call them on it.”

“What did you do?”

“We made a formal complaint. As soon as we did, however, we were set upon by a battery of Amherst lawyers who sought to assure us that what was taking place at Marlborough was an anomaly. That any and all irregularities would be immediately corrected.”

“Were they?”

“Literally overnight. Additional staff suddenly showed up. New protocols were introduced. Everything changed.”

“So you didn’t press charges.”

“There weren’t any charges to press.”

Jesse sat silently.

“I believe that this is just the tip of the iceberg,” Rothenberg said. “The AARP is now setting its sights on facilities such as Amherst. They believe that it, and others like it, are becoming increasingly more responsible for the cruel and inhumane treatment of elderly people who are incapable of defending themselves. And it’s only going to get worse.”

“They won’t get away with it in Paradise,” Jesse said.

“Don’t underestimate these goniffs, Chief Stone. They’re super-rich and super-lethal.”

“We’ll see,” Jesse said.