CONCORD -- A husband and wife from Bennington were sentenced to state prison last week for stealing tens of thousands of dollars from the man’s elderly sister, the Attorney General’s Office announced.
James Folley, 69, and Karen Folley, 62, both of Bennington, were sentenced in Hillsborough County Superior Court, Northern District. James Folley was sentenced on three counts of theft by unauthorized taking and one count of financial exploitation of an elderly adult, while Karen Folley was sentenced on two counts of theft by unauthorized taking.
The Folleys were convicted of these offenses on Nov. 1 following a jury trial. James Folley was sentenced to one to four years in the New Hampshire State Prison for stealing $44,500 from his elderly sister’s bank account, as well as two concurrent sentences of 7½-15 years in state prison for stealing more than $40,000 from the victim by using a debit card linked to her bank account to make ATM withdrawals and retail purchases, and 1-2 years in prison for stealing an additional $1,237 while acting for his sister under a durable power of attorney.
Folley was ordered to pay restitution of $90,030.27.
Karen Folley was sentenced to 1-2 years in the New Hampshire State Prison for her role in stealing more than $20,000 from Mr. Folley’s sister using the debit card for retail purchases. She was sentenced to a consecutive 7½-15 years in state prison, fully suspended for 10 years, for her role in stealing more than $20,000 by way of ATM withdrawals. The sentence is conditioned on her good behavior, that she not serve in a fiduciary capacity for someone else, and restitution payment of $44,293.27.
According to the news release, state prosecutors began investigating the allegations against the Folleys in March 2016 after learning of them through the Bureau of Elderly and Adult Services, a division of the N.H. Department of Health and Human Services.
According to a press release from the Attorney General’s office, the Folleys took more than $22,480 from the victim through ATM withdrawals and spent around $20,000 of the victim’s money from debit card transactions.
Additionally, James withdrew $1,237 from the victim’s bank account and transferred an additional $50,000 from the victim’s account to his personal account without her authorization, leaving her unable to pay for medical and other long-term care expenses.