Honest deal or an elderly man exploited?

Providence Journal
Nov 28 2009

Honest deal or an elderly man exploited?

By Tracy Breton
Journal Staff Writer

PROVIDENCE ‘ Calling the case `a troubling scenario of money, deceit
and financial abuse of an elderly person,’ the state Supreme Court has
refused to disturb a lower court decision that blocks a Warwick woman
from doing much of anything with her assets until a civil fraud trial
is held.

The restraining order was issued by Superior Court Judge Jeffrey A.
Lanphear in May 2008, two months before Vartan Baligian died at age
98. It prohibits his `friend’ Carel Callahan Bainum from transferring,
selling, concealing, disposing of or encumbering any real estate,
cash, bank accounts, mortgage proceeds, bonds, personal property or
other items of value ‘ other than to pay her `normal and usual
personal living expenses’ ‘ until the lawsuit against her is resolved.
Bainum, identified in court papers as `a real estate investor and
businesswoman,’ must seek court approval before making any financial
transactions of more than $2,000.

At issue is repayment of the remainder of a $120,000 loan Baligian
made to Bainum in 2002.

Baligian’s daughter, Sona Stevens, of West Warwick, claims her father
was a victim of elder financial exploitation.

Bainum, 61, denies those allegations. In a court filing, she asserts
that it was Baligian’s idea to loan her money so he could make higher
interest and `sustain his home and pay his monthly expenses.’

According to the lawsuit that lawyer David J. Strachman filed in the
case, Baligian met Bainum several years ago `when she identified him
as a vulnerable senior citizen who could be lured into loaning her
money on unreasonable and unbusinesslike terms.’

Bainum, in her answer to the suit, claims she met Baligian over 30
years ago when he was introduced to her by a mutual friend as a
`private lender.’

The lawsuit alleges that `Baligian was induced by Bainum to loan her
money as part of a scheme to defraud and exploit him.’

On June 6, 2002, when Baligian was 92, Bainum got him to loan her the
$120,000 “ virtually all of his life savings, Strachman says. The
loan was unsecured and had an interest rate of 8 percent. It was
supposed to be repaid in early June 2007.

On Sept. 12, 2002, Bainum received another unsecured loan from
Baligian, this one for $20,000. She repaid it three months later.

But she didn’t pay off the bigger loan when it was due. Baligian and
his daughter, Sona Stevens, attempted to collect the money, the court
papers say, but Bainum didn’t pay up, claiming that if she was forced
to do so, she’d be `bankrupt,’ the court papers say. After that
conversation, Stevens, who was her father’s primary caregiver,
traveled to Florida for several weeks. She instructed Bainum not to
have any financial discussions with Baligian in her absence. But the
Supreme Court said that while Stevens was away, in October 2007,
Bainum went to Baligian’s home, `purportedly’ to take him out for ice
cream, but then drove him to her lawyer’s office where they executed a
`loan modification agreement.’ It allowed Bainum to hold off repaying
Baligian until 2018 and made the loan interest-free. If Baligian `had
lived to finally collect this long overdue debt, [he] would have been
107 years old,’ the Supreme Court noted.

Bainum still owes about $115,000 on the loan.

Baligian was a self-made man. He loved classical music and toiling in
his flower and vegetable gardens. He came to the United States from
Armenia in 1928. He never graduated from high school; English was his
second language. A survivor of the Armenian genocide, he and his late
wife, Varsenig, settled in Warwick. They had two children. When he
died in July 2008, he was living alone on Gaspee Point in Warwick, in
the house where he’d lived since 1955.

Bainum is the owner of Bainum Fundraising Inc. and New Hope
Spay/Neuter Clinic in Warwick. Court papers indicate that she is the
owner of at least 10 pieces of real estate in Rhode Island and Oregon,
but Strachman said Friday that it appears that she’s lost some of
those properties at tax sale or foreclosure.

In issuing the restraining order against Bainum ‘ who represented
herself in Superior Court but is now represented by lawyer Robert J.
Healey Jr. ‘ Lanphear found that the defendant had `hoodwinked’ the
old man into signing the new loan documents and that it was her
intention `to encumber all of her properties in the hope [of creating]
highly speculative businesses’ and that court intervention was
necessary. The judge said financial exploitation `is one of the most
important crises affecting our society and our elderly population,’
and that Baligian and the public as a whole need to be protected.

In his decision, Lanphear said that Baligian was once a `good
businessman,’ but was `not thinking clearly’ when he modified the loan
to Bainum in October 2007. The judge said the elderly man had been
hospitalized in August of that year and his mental abilities
deteriorated after that. `The court has tremendous doubts as to
whether Mr. Baligian knew what he was signing, freely agreed, or that
it was a competent free act or deed,’ Lanphear said.

Bainum claimed that she signed a mortgage for the new loan but
Lanphear said `the buildings are currently in the midst of a four-year
rehabilitation effort, are unoccupied and are already mortgaged.’

Lanphear also characterized Bainum testimony as `guarded and
self-serving.’ Bainum, he said, was `well aware that Mr. Baligian’s
children disagreed with the prior debt and wanted to collect, and not
extend the terms. She knew they were working with their father to
collect the debt when she arrived at the refinancing. She did not tell
them in advance that she would ask Mr. Baligian to refinance, or even
take him out.’ And, the judge said, `Ms. Bainum has refused to
refinance the debt or post additional security.’

Lanphear noted in his 2008 ruling that while Bainum owns several
properties, `she claims they are heavily financed as she is attempting
to develop the one property as an animal spaying/neutering clinic and
thrift store. She testified that she is incurring more and more debt ¦
she has borrowed against most of her other property and admits that no
bank will now extend her further credit,’ the judge said.

In testimony she gave in the case, Lanphear pointed out, Bainum
described her situation as `drowning.’

`When you’re drowning, you grab any branch,’ she said.

RT_CASE_11-28-09_HMGJS6T_v22.39876af.html

http://www.projo.com/news/content/ELDER_COU

If Turkey delays ratification, Armenia will promptly react

Serzh Sargsyan: If Turkey delays ratification of Protocols, Armenia
will promptly take relevant steps in compliance with international law

2009-11-28 22:53:00

ArmInfo. "I would like to stress that the "reasonable period"
principle works in the Armenian-Turkish process. If Turkey delays the
ratification of the Protocols, then, as I have already said, Armenia
will take prompt steps in compliance with the international law",-
said Armenian President Serzh Sargsyan at the 12th congress of the
ruling Republican Party of Armenia, Saturday.

At the same time, the president stressed that Armenia is ready to
efficiently continue the started process. He said that he had already
applied to the Constitutional Court of Armenia, which is to decide
whether the signed Protocols comply with the Armenian Constitution.

"I would like to stress that the signing of Armenian-Turkish Protocols
and establishment of relations with Turkey does not at all mean a
backtrack from the Armenian Genocide or its oblivion. On the contrary,
I am sure that it is possible to accelerate the recognition process
inside Turkey and all over the world in case of normalization of
relations with Turkey and communication with the Turkish public",- the
president stressed.

"Fairly concerned with possible scenarios of development of
Armenian-Turkish relations, nevertheless, we shouldn’t be afraid of
relations with this state, shouldn’t surrender before difficulties or
backtrack from brave steps. On the contrary, we should decisively
continue our policy and gain a solution to our national and state
problems by means of balanced and reasonable steps",- said Serzh
Sargsyan.

The president expressed his disagreement with those who state that one
should stay away from Turkey as the latter may deceive us. "We have no
experience of communication with Turkey, but all the same it is
necessary to start this process one day. I assure you that we learn
quickly and today we are not the same as we were a year ago",- he
concluded.

Aram Safaryan: Armenia should achieve national unity

Aram Safaryan: Armenia should achieve national unity
28.11.2009 15:39 GMT+04:00

/PanARMENIAN.Net/ Armenian people should achieve national unity to
ensure a sustainable development of the country and confront external
challenges, according to Aram Safaryan, member of Prosperous Armenia
parliamentary group.

"Constructive dialogue should be established between opposition and
authorities,’ he told the 12th Congress of the Republican Party of
Armenia.

`Prosperous Armenia party and the Republican Party of Armenia have
been allies since 2007. And their cooperation will be further
strengthened,’ he said.

Serzh Sargsyan Leaves For Minsk On Two-Day Working Visit On November

SERZH SARGSYAN LEAVES FOR MINSK ON TWO-DAY WORKING VISIT ON NOVEMBER 26

Noyan Tapan
Nov 26, 2009

YEREVAN, NOVEMBER 26, NOYAN TAPAN. RA President Serzh Sargsyan left
for Minsk on a two-day working visit on November 26 to take part in
the EURASEC Interstate Council’s meeting. Armenia has a status of an
observer in this organization.

According to RA President’s Press Office, Minister of Finance Tigran
Davtian, Minister of Transport and Communication Gurgen Sargsian,
other high-ranking officials are included in the delegation led by
S. Sargsyan.

Armenia Says Caucasus Countries Need To Join Efforts To Solve Pressi

ARMENIA SAYS CAUCASUS COUNTRIES NEED TO JOIN EFFORTS TO SOLVE PRESSING ISSUES

Public Television of Armenia
Nov 24 2009

Armenian National Security Council Secretary Artur Baghdasaryan said
events taking place in the Caucasus region produce great resonance
across the world and solutions to problems that emerged as a result
of complicated processes requires consolidation of efforts of the
regional countries, Armenian Public TV reported on 24 November.

Presiding over a session entitled "Collective Security Treaty
Organization (CSTO) as factor of stability and security in the
Caucasus Region" held in Armenia’s capital Yerevan on 24 November,
Baghdasaryan said: "It is possible to overcome numerous pressing
issues of the Caucasus region only via mutual trust and open dialogue.

Armenia always backed lasting peace and equal good-neighbourly and
partnership relations between countries in the region. Our position
has remained unchanged", the TV reported.

Baghdasaryan added: "In this context, I would like to emphasize the
process of normalization of Armenian-Turkish relations, which had
been initiated by the Armenian president and as a result of which
Armenia and Turkey signed protocols a month ago [10 October 2009].

Establishment of diplomatic relations and opening of Armenian-Turkish
border will for sure create a new status in the region and in general,
will contribute to improvement of the atmosphere," Armenian Public
TV reported.

The CSTO will have an office in Yerevan from now on, the TV reported.

The CSTO Secretary-General Nikolay Bordyuzha, said at the session
that the opening of a CSTO office in Armenia shows CSTO’s high level
of trust in Armenia and high-level of cooperation with the country,
the TV reported.

Armenia has been a CSTO member from the very start of establishment
of the organization, i.e., from 7 October 2002. The country hosted
the large-scaled CSTO military exercise held to date – "Rubezh 2008".

Currently, it has the CSTO presidency and also participates in the
CSTO’s collective rapid reaction force.

Cyprus Parliament President Calls To Recognize Genocide

CYPRUS PARLIAMENT PRESIDENT CALLS TO RECOGNIZE GENOCIDE

news.am
Nov 25 2009
Armenia

Cypriot House of Representatives President and Democratic Party leader
(DIKO) Marios Garoyian called on international community to recognize
Armenian Genocide, Financial Mirror reports.

The source quotes Garoyian, as saying, "I believe we have the duty
to remember the Armenian Genocide and reaffirm our steadfast faith
towards the struggle for international recognition of that terrible
crime which marked the fate and the course of the Armenian people."

"Garoyian pointed to recent attempt by Turkey to normalize relations
with Armenia as another attempt by Turkey to deny justice to the
Armenian people. He described agreements signed by Yerevan and Ankara
as an ‘attempt of the Turkish government’ to falsify history though
so-called peace with Armenia," the website reads.

Democratic Party leader drew parallels, comparing struggle of Armenian
people with ‘the efforts by Cyprus to overcome nearly 3 decades of
Turkish occupation of the northern half of the island."

"Justice and freedom is what we want for our common country, Cyprus,
which for 35 years now suffers the consequences of the Turkish invasion
and occupation," Garoyian said.

Abu Dhabi: President Receives Cables From Tunisia, Armenia

PRESIDENT RECEIVES CABLES FROM TUNISIA, ARMENIA

WAM – Emirates News Agency
amLocEnews&cid=1258110721653&p=11350994001 24&pagename=WAM%2FWamLocEnews%2FW-T-LEN-FullNe ws
Nov 24 2009
UAE

WAM Abu Dhabi, Nov 24th, 2009 (WAM): President HH Sheikh Khalifa
bin Zayed Al Nahyan received today a cable of thanks from Tunisian
President Zine El Abidine Ben Ali in reply to a cable sent to him
earlier congratulating him on his re-election as the President
of Tunisia.

Sheikh Khalifa also received a cable from Armenian President Serzh
Sargsian thanking him for a congratulatory cable His Highness had
sent on the occasion of the National Day of Armenia.

http://www.wam.org.ae/servlet/Satellite?c=W

Armenian, Azeri Presidents In Talks On Karabakh

ARMENIAN, AZERI PRESIDENTS IN TALKS ON KARABAKH

Interfax
Nov 23 2009
Russia

Armenian and Azeri presidents Serzh Sargsyan and Ilham Aliyev have
begun talks on Karabakh in Munich in a sixth round this year, a source
close to the talks told Interfax.

If the Munich talks yield no results a war could restart in the
region. Aliyev said on Friday.

"If no results are achieved at this meeting, the hopes we pin on
the talks will be exhausted, and no other way will remain for us. We
must be prepared for this [the liberation of Azeri territories using
military force]," Aliyev said while visiting Azerbaijan’s Geranboi
district on Friday

The previous rounds were a failure due to the Armenian side’s
unconstructive position, he said, adding that the Munich meeting
would be decisive.

Yerevan described this statement as a challenge to Armenia and Nagorny
Karabakh, and to the world community as a whole.

The current round of talks is being held at the residence of the
French consul general in Munich, attended by the co-chairmen of the
Organization for Security and Cooperation in Europe’s Minsk Group
brokering the talks, earlier reports said, citing the French Foreign
Ministry.

"The American, Russian and French mediators hope that progress will
be made in the talks on the basis of the 2007 Madrid proposals,"
the French Foreign Ministry said.

Georgian Government Studies The Reasons Of Collapse Of The St. Gevor

GEORGIAN GOVERNMENT STUDIES THE REASONS OF COLLAPSE OF THE ST. GEVORK OF MUGHNI ARMENIAN CHURCH
Gita Elibekyan

"Radiolur"
24.11.2009 18:13

The Georgian Ministry of Culture, Monuments Protection and Sports
has established a group comprised of architects, artists and other
specialists to collect the whole data about the collapsed St. Gevork
of Mughni Armenian Church.

"The most important is to find out what really happened to the church
and why it collapsed. The further steps will be determined afterwards,"
said Natia Maruchashvili, Spokesperson for the Georgian Ministry of
Culture, Monuments Protection and Sports.

St. Gevork of Mughni Armenian Church collapsed on November 19, for
which the Georgian Diocese accused the Georgian authorities.

"This church is one of the important cultural monuments of Georgia,"
Natia Maruchashvili said, adding that great attention has been paid
to the protection of cultural monuments ever since the Rose Revolution.

About 500 historical-cultural monuments have been reconstructed in
Georgia over the past five years," she said.

According to the Spokesperson of the Ministry, the reconstruction of
churches takes place phase by phase.

Armenia Rep Luara Hayrapetyan wins 2nd place at Junior Eurovision 09

Armenia’s representative Luara Hayrapetyan wins 2nd place at Junior
Eurovision 2009
22.11.2009 15:49 GMT+04:00

/PanARMENIAN.Net/ Armenia’s representative Luara Hayrapetyan won the
2nd place at Junior Eurovision Song Contest 2009, gaining 116 votes.
The second place was shared between little Armenian singer and
Ekaterina Ryabova of Russia.

An artist form Netherlands, Ralf Mackenbach became the winner of
Junior Eurovision Song Contest 2009, gaining 121 votes for his `Click
Clack’ song.

Ukrainian Singer Andranik Aleksanyan won the 5th place with his `Try
Topoli, Try Surmy’ song.

Young stars from 13 countries gathered at the contest in Kyiv.

Junior Eurovision Song Contest Final was attended by Ukraine’s’
President Victor Yushchenko.