Most Hoosier attorneys will never face a formal disciplinary
complaint for misconduct. But in 2019, the bad behavior of a few lawyers
resulted in professional sanctions or criminal charges. Here is a look
back at some of the most egregious professional lowlights from the past
year.
Schererville attorney Raymond Gupta was suspended in
an emergency order in June, after which he was indicted in federal
court for tax evasion and failing to file tax returns. The Internal
Revenue Service alleges Gupta owes more than $2 million.
Gupta also is accused of paying personal expenses from his law firm’s
bank accounts. The expenses include the purchase of vehicles, rent for a
downtown Chicago apartment, furnishings for two homes, monthly mortgage
payments, a $150,000 payment for an option to buy a personal residence
and the purchase of a personal residence for nearly $1.1 million.
Gupta faces 22 disciplinary counts, including failing to maintain
trust account records, commingling his funds with those of his clients,
failing to promptly deliver client funds, charging and/or collecting
unreasonable fees or expenses, and failing to explain to clients their
options when an associate attorney left his firm.
Suspended South Bend attorney Sven Eric Marshall was
arrested in Florida in January after the FBI launched a nationwide
manhunt. Marshall was accused of defrauding elderly investors of more
than $2.5 million.
Marshall abruptly closed his office – where he ran an enterprise
called Trust & Advisory Services of Indiana – in 2017 and stopped
communicating with clients. He was believed to be living in South
Carolina.
After his return to federal district court in northern Indiana,
Marshall pleaded guilty this spring to charges of mail fraud, securities
fraud and bank fraud. He is still awaiting sentencing, according to
online court records.
Suspended Indianapolis attorney Raymond Fairchild made
news in recent years when he was disciplined for exposing himself while
driving alongside a bus carrying members of a girls high school
basketball team. After pleading guilty to public indecency in 2018,
Fairchild was charged this year with Level 5 felony theft, accused of
stealing more than $50,000 from the proceeds of a client’s settlement in
a wrongful death case.
Fairchild resigned from the bar a little more than a month after his
latest criminal charge. His trial on the felony theft charge is
currently scheduled to begin in February.
Warsaw attorney Scott Joseph Lennox was suspended in
November for noncooperation with an Indiana Supreme Court Disciplinary
Commission investigation. While the contents of the four grievances
against Lennox were not disclosed, the former partner in the Warsaw firm
of Lennox, Sobek & Buehler LLC was charged in April with six counts
of Level 6 felony theft and two counts of Level 5 felony fraud on a
financial institution.
Lennox is accused of stealing thousands from his law firm’s trust and
operating accounts. He is awaiting trial in neighboring Marshall
County.
Suspended Greenwood attorney Kenneth Shane Service, who
was initially charged three years ago in Lawrence County with stealing
from his former special-needs trusts clients, is now charged in four
counties, three of which have issued warrants for his arrest after he
failed to appear for court hearings.
Service has yet to stand trial on felony theft charges he faces in
Delaware, Franklin, Lawrence and Marion counties. He is criminally
charged with stealing hundreds of thousands of dollars from disabled
former clients around the state. Coupled with civil complaints on behalf
of other former clients whose special-needs trusts he administered,
Service is suspected of taking a total of more than $300,000.
Former Brownsburg attorney Scott C. Cole was sentenced in September to 2½ years in prison after he pleaded guilty to federal charges of income tax evasion.
The Internal Revenue Service charged Cole, who resigned from the
Indiana bar in 2014, with failing to report more than $1.5 million in
income for the 2001 and 2002 tax years. From 2012 through 2017, when the
IRS sought to collect the money, he took extensive steps to evade
paying, according to Cole’s plea agreement.
Indianapolis attorney Brent Welke
was suspended from the practice of law for three years after he hired a
convicted killer in 2010 to persuade a defendant charged with murder to
ditch his public defender and instead hire Welke to represent him. The
client’s family paid Welke $6,000, but the Indiana Supreme Court found
that Welke was unprepared for trial and never provided an interpreter
for his client, who had a language barrier.
The client eventually accepted a plea deal and was sentenced to 45
years in prison, but after his plea was vacated on post-conviction
relief, he was convicted at retrial and sentenced to 55 years.
The Indiana Supreme Court concluded in a September disciplinary order
that Welke had provided a “woefully inadequate” defense. Justice Steven
David dissented from the three-year suspension and instead would have
disbarred Welke.
Former Johnson County Prosecutor Bradley Cooper was
suspended from the practice of law in August after he pleaded guilty in a
domestic violence case and was sentenced in July. Cooper confessed at
sentencing to allegations he struck his fiancee, confined her and
pretended to be her in text messages. (More here.)•
Full Article & Source:
Year in Review: Several attorneys’ lawlessness, recklessness gave lawyers a bad name in past year
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