But frustrations remain high for ex-clients of Schend, including John Pike of Appleton, who suspects he lost close to $35,000. He's still trying to recoup his losses.
"I'm penniless," Pike said. "I'm trying to pay back on all these bills that Jeff Schend should have already paid."
A civil court hearing in Outagamie County on Monday will determine whether the lone safety net required of Schend — a business service bond — provided protection of the assets of vulnerable people who were placed under his care. Schend purchased a $250,000 bond as part of his contract with the county to handle the finances of those who were determined by a court to be incompetent.
The firm that sold the bond, Minnesota-based Platte River Insurance Co., is asking Judge Mitch Metropulos to declare it isn't liable for losses.
The company's arguments boil down to contract language. Under terms of the bond, the company would pay in the event of "any fraudulent or dishonest act." The trigger point for payout, however, would come only after Schend or one of his employees was "tried and convicted by a court of proper jurisdiction."
Schend committed suicide before the case concluded.
"Because no criminal conviction was entered against Schend, Platte River has no obligation to any actual or potential claimant under the bond," attorney Daniel Gregerson said in written arguments.
Carey Reed, an attorney for Pike, argues that the company is relying on a technicality and trying to benefit from a suicide "despite overwhelming evidence against Schend."
Money was missing
An investigation into Schend began after county officials received complaints in late 2010 that the bills of those placed under his watch weren't being paid.
Police determined that about $500,000 was missing from accounts within his oversight. Schend maintained his innocence and attributed discrepancies to poor bookkeeping.
Guardians are appointed by courts to oversee assets and pay bills when it's determined a person can no longer manage his or her finances.
An accountant hired by prosecutors combed bank records and provided a detailed analysis of Schend's income and spending. Spending included flights, cruises, limousine rentals and yacht club fees.
His lifestyle, however, didn't match his earning capacity.
Schend's business, JMS Guardianship Services, could have collected a maximum $51,000 in fees from those placed under his watch in 2010. His personal spending reached nearly $165,000 that year, records show.
Full Article & Source:
Ex-guardian's death leaves void for elderly, disabled
See Also:
Jeffrey Schend's attorney asks for dismissal because of delays in prosecution
Bonds in Jeffrey M. Schend's Appleton guardian case won't cover losses
WI: Jeffrey Schend Theft Case Prompts Tougher Guardian Rules
8 comments:
This all happened in 2010.
Four years have gone by, and only now is this issue before the courts?
The concept of court's oversight of the assets and well-being of guardianship wards is a cruel mockery.
Presumably each and every one of these incapacitated people had a guardian ad litem, who was PAID to protect their interests.
Where was that guardian ad litem? Why didn't they immediately go to court to change or end the guardianship?
Only when some of these public officials and judges are held to account through LAWSUITS will they begin to take their responsibility seriously.
This is not about a paycheck, ladies and gentlemen of the Bar. You are supposed to EARN that paycheck. You will learn that frightening lesson when somebody comes after YOUR house, YOUR bank account, YOUR lifelong savings.
So it looks like all his victims will be screwed? The County has to do something.
It looks like Schend got the last word in, didn't he?
I am sorry anyone would despair enough to take his own life, no matter what the situation. And I am sorry for his family.
But, what he's left behind is a mess and the court needs to get involved and fix it. It was the court who approved everything Schend did after all.
Praying for all victims of Jeffrey Schend.
I agree. In the search for the truth it's clear there are many questions that demand answers including:
Who knew? What did they know? When did they know it? and what if anything did they do about it?
In my opinion, from the events and facts reported by Jim Collar, the system failed miserably in their duties while enabling the wrongdoing to continue.
Deep appreciation to the Post-crescent's commitment to their readers.
Maybe the Senate if they have hearing will now understand how the insurance companies profit from illegal guardianships ...inside the courts .......no risk to collecting the premiums and the wards I am sure pay that too
Thank heavens for a reporter who has stuck on the job from start to finish. Were it not for him, we wouldn't know about the latest dilemma in the Schend saga.
God bless the victims.
If Schend can't be held accountable, then the court should. The judge approved his accountings; the judge should have been monitoring or should have assigned someone to monitor Schend.
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