Why Elder Help Network Filed an Amicus Curiae Brief in the New Jersey Elder Abuse Case Involving Sam Polyak and David Gutwill

In a significant step toward protecting vulnerable seniors, Elder Help Network has filed a Motion to Appear as Amicus Curiae in the Superior Court of New Jersey, Morris County. The…

In a significant step toward protecting vulnerable seniors, Elder Help Network has filed a Motion to Appear as Amicus Curiae in the Superior Court of New Jersey, Morris County. The filing supports 90-year-old stroke survivor Robert Kerekes in the case Kerekes v. Polyak (Docket No. MRS L 000015-26) before Civil Presiding Judge Frank DeAngelis.

This action highlights the organization’s commitment to combating elder financial exploitation and ensuring that New Jersey’s courts actively enforce protections for adults aged 65 and older.

What Is an Amicus Curiae Brief and Why Did Elder Help Network Submit One?

An amicus curiae (Latin for “friend of the court”) brief allows organizations with specialized expertise to provide additional perspective to the court without being a direct party to the lawsuit. Elder Help Network submitted this brief to emphasize how elder abuse and financial exploitation manifest in seemingly routine business disputes — and to urge stronger judicial intervention.

The organization’s mission focuses on supporting vulnerable seniors and fighting elder abuse, neglect, and financial exploitation. By filing this brief, they bring expert insight on New Jersey’s Adult Protective Services Act (N.J.S.A. 52:27D-406 et seq.) into the courtroom.

The Allegations in the Kerekes v. Polyak Case

The dispute involves a fraudulent EV conversion of Mr. Kerekes’ prized 2003 Acura NSX:

  • Sam Polyak of Polykup allegedly replaced high-value Tesla batteries with dangerous junkyard Chevrolet Bolt batteries — units subject to massive recalls and multi-billion-dollar settlements due to fire risks.
  • Despite a court-issued Writ of Replevin on April 14, 2026, the vehicle was returned missing its engine, transmission, and other original components valued at approximately $200,000.
  • Eyewitness Matt Pekham of Vintage Motor Management is prepared to testify that an associate of the defendants (including David Gutwill of Ultimate Car Care, Fair Lawn, NJ) confirmed possession of all parts before the incomplete return.
  • Explanations from the defendants reportedly shifted over time, raising serious concerns of non-compliance and potential obstruction.

Elder Help Network describes these actions as “blatant elder abuse” that exploits Mr. Kerekes’ age and medical frailty while violating both the contract and New Jersey law.

Why This Amicus Brief Matters: Key Reasons for Elder Help Network’s Involvement

  1. Protecting Vulnerable Seniors — At 90 years old and a stroke survivor, Mr. Kerekes faces heightened risks. The brief stresses that courts must provide meaningful access to justice for elderly litigants.
  2. Highlighting Financial Exploitation in Business Transactions — Many elder abuse cases disguise themselves as “contract disputes.” This filing shows how auto repair, EV conversions, and mechanic services can become vehicles for exploitation.
  3. Enforcing New Jersey’s Strong Elder Protection Laws — The Adult Protective Services Act exists to prevent the wrongful taking or misuse of an elder’s assets. Elder Help Network is urging Judge Frank DeAngelis to enforce the Writ of Replevin, issue subpoenas to Sam PolyakDavid Gutwill, and counsel, and refer the matter for criminal investigation (theft, conversion, and elder financial exploitation).
  4. Setting a Precedent — Amicus participation helps courts understand the broader public policy implications. Successful intervention can strengthen protections for thousands of New Jersey seniors facing similar threats.

Broader Implications for Elder Abuse Prevention in New Jersey

Elder financial exploitation remains one of the fastest-growing and most underreported forms of abuse. Cases like this demonstrate why specialized advocacy organizations like Elder Help Network play a vital role — bridging the gap between individual victims and systemic protections.

By stepping in as amicus curiae, the organization not only advocates for Mr. Kerekes but also sends a clear message: New Jersey will not tolerate the abuse of its elderly residents, regardless of how sophisticated the scheme appears.

Read the Full Press Release: Elder Help Network Files Amicus Brief

How You Can Help Protect Seniors

  • Report suspected elder abuse or financial exploitation in New Jersey to Adult Protective Services.
  • Educate family members about documenting all contracts and business dealings involving elderly relatives.
  • Support organizations like Elder Help Network that fight for stronger safeguards.

If you or a loved one have experienced similar issues involving contractors, mechanics, or auto shops — including Sam Polyak Polykup or David Gutwill Ultimate Car Care — sharing your story responsibly can help raise awareness.

Have you encountered challenges protecting an aging parent from financial exploitation? Share your thoughts in the comments below. Together, we can build stronger protections for New Jersey’s seniors.

Elder Help Network is a nonprofit dedicated to elder advocacy. This blog post is for informational purposes and reflects publicly available court filings.