A Miami-Dade doctor's receptionist is facing charges after authorities said she exploited an elderly patient, accessing the victim's bank funds and moving in with him in a scheme to steal and sell his Coconut Grove home.
Nerelis Leiva, 45, is facing charges including exploitation of the elderly, grand theft of a person 65 or older, organized scheme to defraud, criminal use of personal identification information of a person 60 or older, and unlawfully filing a false document, Miami-Dade State Attorney Katherine Fernandez Rundle said Tuesday.
A second woman, 59-year-old Rita Benet, is also charged in the alleged scheme with exploitation of the elderly, grand theft of a person 65 or older, organized scheme to defraud, and notary fraud, Fernandez Rundle said.
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Fernandez Rundle detailed the arrests at a news conference Tuesday with Miami-Dade Mayor Daniella Levine Cava.
"These crimes were especially shocking and they will not be tolerated in our county," Levine Cava said.
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The allegations involved an 82-year-old man who died in July 2022. He'd shared a home on Calusa Street in Coconut Grove with his partner, who'd died in 2021.
According to Fernandez Rundle, the victim and his partner had regularly visited a doctor's office where Leiva worked as a receptionist. The victim had suffered from dementia, confusion and memory loss, which Leiva allegedly preyed on, Fernandez Rundle said.
"His vulnerabilities were acute and they were very evident," Fernandez Rundle said. "[Leiva] saw first-hand the vulnerabilities of these two loving human beings."
In September 2021, Leiva started visiting the victim at his home, allegedly to check on his blood sugar levels despite her not being a nurse, Fernandez Rundle said.
The victim's partner died about a month later, and shortly after, Leiva moved in with the victim, bringing her partner and child to live in his home, Fernandez Rundle said.
"This was done with the intent of taking over the victim's home and his assets," Fernandez Rundle said. "Unfortunately there weren't protections or procedures in place that could have alerted anyone to the scam this woman was perpetrating against these victims."
In December 2021, Leiva was added as a joint tenant with rights of survivorship to the victim's home, which he'd owned since May of 1987 and was valued at over $2 million, meaning she received automatic ownership of the property upon his death, Fernandez Rundle said.
In February 2022, Leiva hired Benet, who notarized a power of attorney, revoked a last will and testament, and notarized a new last will and testament, Fernandez Rundle said.
Fernandez Rundle said Benet was a "full partner" in the scheme and knew the victim wasn't capable of understanding what was happening.
"Benet saw that on one document, her partner in this crime, Leiva, actually took the victim's hand and used the victim's hand as a pen holder, and signed the document herself," she said.
Leiva was added to the victim's bank account, obtained a debit card and access to his safety deposit box, and started spening his money, Fernandez Rundle said.
In June 2022, about a month before the victim's death, Leiva entered into a listing agreement with a real estate agent to sell the victim's home for $1.6 million, far below the market value, Fernandez Rundle said.
The scheme might have gone unnoticed except for a concerned neighbor of the victim, who witnessed unusual activity at the victim's home including loud music and parties, and called the state attorney's office elder victims hotline, Fernandez Rundle said.
An investigation was launched, which led to the charges.
Both Leiva and Benet were arrested and booked into jail. Attorney information wasn't available.
"We need a million eyes and ears out there to look for these vulnerabilities, to look for changes in behavior and to contact us at our hotline number for elderly exploitation," Fernandez Rundle said.
