Contractor in Elder Scam Leaves Thumb Print on Check, Sentenced to 9 Years

An unlicensed contractor was sentenced to nine years in prison on Tuesday, after being tracked down by a thumb print he left on an $8,500 check after he strongarmed an elderly couple in San Jose's Willow Glen neighborhood.

The sentence came after Tom Lee, 47, wwho pleaded guilty guilty on March 26 to felony theft and attempted theft from an elder.

In a statement, prosecutors said Lee paid the victims full restitution of $13,000 - which included the cost to repair the damage to their driveway he was hired to repair.

“Every year, the elderly of our community are targeted by criminals claiming they can repave driveways, fix roof leaks and clean gutters,’’ Deputy District Attorney Cherie Bourlard said. “What they are truly qualified for is stealing money.

She said that members of the public should check licenses, get written estimates, don’t pay cash in advance, and call authorities if you think something is suspicious.

On Oct. 27, 2010, an elderly couple in their 80s were in their front yard gardening when they were
approached by two men, including Lee - who misidentified himself as Nicholas Stevens. Claiming to be an expert paver, Lee suggested to the couple he could repair the cracks in their concrete driveway. Thinking the job would cost no more than $200, the elders, one of whom suffered from Alzheimer’s Disease, hired them. After completing the patchwork job, prosecutors said Lee jacked up the price to $3,000. After the elderly man wrote a check for $3,000, Lee tore up the check, threatened him and demanded more. Scared, the older gentleman finally wrote a check to Lee for $8,500, prosecutors said.

While the other suspect stayed with the couple, Lee went to the victims’ bank to cash the check. Despite the victim intentionally misspelling the suspect’s name incorrectly on the check, and the suspect using a forged driver’s license from Arizona for identification, the victims’ bank did not call the victims to verify the check, prosecutors said.

Later, the victims’ family called the police. Even after he had been reported, Lee returned unsuccessfully asking for $3,000 more. He got away, that time.

San Jose police eventually were able to identify the suspect, who left the print on the check. Lee was arrested in Nevada for perpetrating other elder scams and, in July last year, was arrested in Nevada for perpetrating other elder scams and, in July last year, was extradited to Santa Clara County.

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