Attorney General James Announces Conviction and Sentencing of Father and Daughter Who Stole Over $230,000 from an Elderly New Yorker

NEW YORK – New York Attorney General Letitia James today announced the conviction and sentencing of Frank Whittaker, 56, of Kingston, NY, and his daughter Christine Ellsworth, 39, of Accord, NY, for stealing more than $230,000 from a vulnerable elderly victim in Ulster County. Whittaker and Ellsworth gained 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 today to five years of probation and must pay restitution to the elderly victim. Ellsworth was sentenced today to three years of probation during which she is prohibited from working with the elderly.  

“Scamming vulnerable seniors out of their savings that took a lifetime of hard work to earn is heartless,” said Attorney General James. “Frank Whittaker and Christine Ellsworth maliciously gained the trust of an innocent, elderly woman and stole her life savings in order to treat themselves to a new car and visits to restaurants and casinos. I thank the New York State Police and our partners in law enforcement for their continued assistance in this investigation. Anyone who attempts to defraud New Yorkers to line their own pockets will be brought to justice.”

“I want to thank the Attorney General’s Office for their strong partnership that has led to the sentencing of these two individuals and their dishonest act,” said New York State Police Superintendent Steven G. James. “This joint investigation found that Mr. Whittaker and Ms. Ellsworth preyed on a vulnerable victim who entrusted them to provide care for her, but instead chose to financially profit off her situation. The New York State Police will continue to put an end to these crimes and ensure innocent victims will not be taken advantage of.”

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. 

Attorney General James thanks the New York State Police Department’s Financial Crimes Unit, the Ulster County Department of Social Services, the Ulster County Sheriff’s Office, and the Ulster County District Attorney’s Office for their valuable assistance in this matter.

This case is being prosecuted by Assistant Attorney General Cheryl J. Lee of the Criminal Enforcement and Financial Crimes Bureau (CEFC). Analytical work was provided by Legal Analyst Kai Tsurumaki, under the supervision of Supervising Analyst Paul Strocko and Deputy Supervising Analyst Jayleen Garcia. Forensic accounting was performed by Forensic Auditor Kirven Bashiri, under the supervision of Chief Auditor Kristen Fabbri and Deputy Chief Auditor Sandy Bizzarro of the Forensic Audit Section. CEFC is led by Bureau Chief Stephanie Swenton and Deputy Bureau Chief Joseph G. D’Arrigo.

The criminal investigation was conducted by Detectives Eamon H. Murphy and Jason Johnston, under the supervision of Assistant Chief Samuel Scotellaro and Deputy Chief Juanita Bright of the Major Investigations Unit. The Investigations Bureau is led by Chief Investigator Oliver Pu-Folkes. Both CEFC and the Investigations Bureau are part of the Division for Criminal Justice, which is led by Chief Deputy Attorney General Jose Maldonado and overseen by First Deputy Attorney General Jennifer Levy.