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Published on 03/16/1998 All articles from this issue

Defense rests in elder fraud trial

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By Joanne Griffith Domingue

Town Crier Staff Report

Vera Minks, 80, snorted when asked if she dressed herself that day. "Of course I did," she said. Just because she's 80 doesn't mean she's daffy.

"And I still mow my own lawn. Yes, I'm forgetful, but so is my grandson," she told the court last Thursday during the civil trial that alleges elder fraud involving the Los Altos branch of Downey Savings and Loan and its manager, Mark Asplund.

The charges stem from Asplund's relationship with Terry Mosher, a longtime friend of Minks.

Mosher, a Downey customer, moved her money to another bank in 1993 and then gave Asplund and his family thousands of dollars in gifts.

Some say elders should be allowed to spend their money the way they wish. Fraud occurs if the senior is incapacitated to make decisions or if the decisions are made under false pretenses, according to attorneys not involved in the case.

Minks told the court that Mosher, the same age as Minks, was just a generous person, not a confused, sick alcoholic suffering from dementia. The county prosecutor claims Mosher was unable to make her own decisions, endured undue influence, and is suing for elder fraud.

Asplund, 36, who is representing himself, called Minks as his last witness.

Minks and Mosher, before Mosher's death in 1995, traveled together on many outings through a Downey travel club.

For a trip to Yosemite in June 1994, "I couldn't pay for the trip so I told Terry I couldn't go. So she paid. She was generous," Minks told the court.

Mosher would wear a bell around her neck when on trips, Minks said. "It was a joke in the travel club about how Terry always got lost," Minks said. "She wore the bell because she liked it. It reminded her of her friends. We called each other ding-a-lings. That was her ding-a-ling."

Minks said Mosher "had no sense of direction. She was disoriented. Fred (Mosher's husband) told me to take care of her."

Minks said she was aware that Mosher gave the Asplund family money and gifts. "She loved people," Minks said.

Asplund knew the Moshers as customers. Fred Mosher, who had handled the family finances, died in November 1992.

In July 1993 Terry Mosher closed her Downey account of $294,000, moved it to Home Savings as a joint tenancy account, and put Asplund and his wife, Kathy, on the account with right of survivorship, according to court testimony.

By August 1993 Asplund had used $20,000 to buy a new pickup truck, had been named executor of Mosher's will, was a beneficiary of her estate and used $15,000 to pay off debt, according to earlier court testimony.

Minks said she was aware that Mosher was going to buy Asplund a car or truck.

"He needed something to get around in," Minks testified. "It was her (Mosher's) idea to do that."

By August 1994, Asplund and his family had received $10,000 in cash gifts, his parents had received a $20,000 cash gift, Asplund had power of attorney, he paid off a $41,000 line of credit at Downey, and was named a beneficiary of Mosher's trust, according to earlier court testimony.

That same month the county intervened and a conservatorship, which Asplund contested, was established for Mosher.

Asplund has been on personal leave from Downey since January.