Wednesday, September 1, 2021

Man’s prison conviction for embezzling $300,000 from elderly woman affirmed by higher court


By Marie Weidmayer

MUSKEGON COUNTY, MI – A conviction was upheld this month for a man who embezzled $300,000 from an elderly woman.

Gary Edward “Duke” Haynes, 60, was convicted in December 2018 by a jury in Muskegon County Circuit Court on eight counts of embezzlement from a vulnerable adult, four counts of failing to file his income taxes and running a criminal enterprise.

Haynes appealed the conviction to the Michigan Court of Appeals. The appellate judges affirmed Haynes’ conviction in an Aug. 12 opinion.

In February 2019, Haynes was sentenced to between 7 1/2 and 20 years in prison on convictions for embezzlement of $100,000 or more and a criminal enterprise charge. He was sentenced to 30 months to five years on the remaining charges, which will run concurrent to the longer sentence.

The 97-year-old victim of the crime said she was isolated, lost confidence and feared retaliation from Haynes. Before her husband died in 2001, they invested in an annuity.

The case was brought by the office of Michigan’s Attorney General. Haynes met the victim in 2006, when she was 85, at a financial planning seminar he ledk and served as her agent for 10 years. He took more than $300,000 over four years, documents show.

Hanyes argued in his appeal that there was juror misconduct, that his attorney was not effective, that he wasn’t sentenced correctly and that there was not sufficient evidence to prove the victim was a vulnerable adult and that he intended to defraud his taxes.

The appeals court did not find his arguments convincing, per the opinion.

“The evidence in this case was clear and I commend the Court of Appeals for upholding Mr. Haynes’ conviction,” Attorney General Dana Nessel said in a statement. “Prosecuting elder abuse and exploitation remains one of my top initiatives. My office remains committed to securing justice against those who take advantage of vulnerable adults.”

Haynes is incarcerated at the Ionia Correctional Facility and his earliest release date is Aug. 5, 2026, per the Michigan Department of Corrections.

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