Former Vancouver attorney pleads not guilty to theft charges

Miles accused of stealing more than $5,000 from former client

By Jessica Prokop

Former Vancouver attorney MarCine Miller Miles makes a first appearance Tuesday in Clark County Superior Court on suspicion of first-degree theft and first-degree identity theft. She is accused of stealing more than $5,000 from a former elderly client. (Nathan Howard/The Columbian)

Former Vancouver attorney MarCine Miller Miles is accused of stealing more than $5,000 from an elderly woman she had previously represented.

Miles, 76, appeared Tuesday in Clark County Superior Court on a summons for first-degree theft and first-degree identity theft. She pleaded not guilty to both charges, and waived her right to a speedy trial. Her trial is scheduled for March 23.

Judge Jennifer Snider granted Miles release on her own recognizance.

Miles resigned from the Washington State Bar Association in lieu of disbarment in April 2017. Her resignation stemmed from an unrelated case, in which she altered an elderly woman’s will and bequeathed $10,000 to herself, according to the association’s findings. Miles denied wrongdoing.

But in September 2018, the Department of Social and Health Services reported that it had found by a preponderance of evidence that Miles financially exploited and mentally abused another former client — the same victim named in the criminal case.

Among the findings, DSHS found: Miles stole $4,657.11 from the then-94-year-old woman, trespassed in her home, violated the Rule of Professional Conduct by using the woman’s financial information to commit theft, shared her private health information without her consent and harassed her.

Miles’ attorney, Josephine Townsend, previously told The Columbian that Miles did not agree with DSHS’ findings. However, the parties reached a settlement in April 2018, in which Miles agreed to pay the former client $11,000 and not to contact her anymore. The woman has since died.

The case started in December 2016 when Miles’ former client was transferred to a rehabilitation facility. Miles was the woman’s attorney for about 20 years, according to the DSHS report.

In July 2014, Miles prepared two Durable Power of Attorney forms for the woman: one for health care decisions and nomination of guardian, and another for her financial estate. The woman designated a friend, Jackie Sundstrom, to be her attorney-in-fact for health care decisions, and made Miles her alternate if Sundstrom was unwilling to serve. She designated Miles to be her attorney-in-fact for financial estate, and Sundstrom as the alternate. It would only become effective if the woman was deemed to have a disability or to be incompetent, according to an affidavit of probable cause.

“Disability shall include the inability of the principal (victim) to manage property and affairs effectively for reasons such as mental illness, mental deficiency, illness or disability, advanced age. … Disability may be evidenced by a written statement of a qualified physician regularly attending the principal,” the affidavit reads.

In 2016, the woman asked Miles to remove Sundstrom from her will after some property went missing and she blamed Sundstrom. Miles did not follow her wishes, however. Sundstrom later signed a resignation form indicating she didn’t want to be attorney-in-fact for the woman anymore, court records state.

Despite not having the legal authority, Miles made an appointment for the woman Jan. 3, 2017, with her primary care physician. The woman’s longtime family friend and neighbor, Mark Ickert, went with her. They did not know, at the time, who made the appointment, the affidavit says.

Miles showed up a short time later and was reportedly shocked to see Ickert there. She asked the doctor to excuse him from the room, against the woman’s wishes. Miles then pressured the doctor to declare the woman incompetent, making the Durable Power of Attorney valid and putting Miles in charge of her financial estate. The doctor said he had only 20 minutes to evaluate the woman and admitted to not having notes indicating any cognitive impairment. Still, he declared her incompetent, the court document states.

Three days after that appointment, the woman hired Vancouver attorney Thomas Hackett to create a new Durable Power of Attorney and appointed Ickert as the attorney-in-fact. She also revoked Miles’ powers of attorney, which Miles was notified of and instructed not to contact the woman, according to the affidavit.

But on Jan. 13, 2017, Miles requested the withdrawal of $600 from the woman’s Raymond James account to “pay bill for appointment to determine cognitive impairment of client.” Days later, she requested a withdrawal of $4,657.11 from the woman’s account to pay herself, court records show.
On Jan. 23, 2017, a doctor met with the woman and completed a full cognitive evaluation at Hackett’s request. The doctor determined the woman possessed the cognitive capacity to complete and understand the legal documents.

Vancouver Police Department spokeswoman Kim Kapp said in March that a detective from the property crime unit was investigating the case.

Miles was a longtime attorney in Clark County, and prominent on local boards and organizations. According to Columbian archives, she sought election or appointment at least four times to the Clark County District Court bench, in 1986, 1994, 2001 and 2004. In 2006, Miles unsuccessfully ran as a Democrat for county clerk, who is the elected custodian of Superior Court records.

In 1985, she resigned in lieu of termination as a District Court magistrate after at least 1,800 traffic cases she heard were found to have been improperly handled.

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Former Vancouver attorney pleads not guilty to theft charges

Texas U.S. Attorney: Texas Personal Assistant Charged With Fraud for Stealing From Her Elderly Client

HOUSTON, Texas, June 5 -- The U.S. Attorney for the Southern District of Texas, Ryan K. Patrick, issued the following news release:

A 40-year-old Richmond woman has been indicted for fraud and making false statements regarding her participation in a scheme to defraud her 94-year-old client who is now legally blind, announced U.S. Attorney Ryan K. Patrick along with Special Agent in Charge Perrye K. Turner of the FBI and Harris County Precinct One Constable Alan Rosen.

A federal grand jury returned the four-count indictment against Amy Anglin aka Amy Powell May 30, 2019. Today, law enforcement took her into custody. She is expected to make her initial appearance before U.S. Magistrate Judge Frances H. Stacy at 2:00 p.m. today.

"Because of the complex nature of these case, the Department of Justice is uniquely suited to investigate and prosecute elder fraud," said Patrick. "As the Attorney General has stressed, elder fraud will not be taken lightly and sadly this is just one of many similar allegations that we see routinely. I thank the family for bringing this case to the attention of law enforcement and we will do everything in our power to make sure justice is served on Ms. Anglin."

Anglin is charged with two counts of fraud and two counts of making false statements to federal employees.

"Our investigators worked tirelessly on this appalling case to ensure Ms. Anglin was brought to justice for her alleged crimes," said Assistant Special Agent in Charge Darryl Wegner. "Ms. Anglin allegedly capitalized on an elderly man's vulnerability without any regard for his well-being. The FBI, alongside its local, state and federal partners, will continue to work every day to protect our elderly neighbors from fraud and abuse. We urge anyone with information about elder fraud or abuse to contact law enforcement immediately."

The indictment alleges Anglin began working for a successful real estate developer in Houston in approximately 2015 when he 91 years old and his eyesight was beginning to fail. Anglin allegedly took advantage of the victim's poor health and began to steal money from his bank accounts and misused his credit cards to purchase, among other things, airline tickets for herself and her family. Anglin would get her elderly victim to sign checks he believed were legitimate and authorized expenditures, according to the charges. She would then allegedly have the funds deposited into her personal bank account.

"I cannot articulate how disturbed I am by allegations in this case," said Constable Alan Rosen. "I take seriously any possible crimes against the elderly, particularly those who are disabled. This woman is charged with taking advantage of a man who is 54 years her senior. I appreciate the collaborative efforts of the FBI and U.S. Attorney's Office in pursuing this case and ensuring justice is served."

Anglin would also illegally convert the victim's assets by use of both his bank account and his credit cards, according to the indictment. In addition to using her access to the victim's banking accounts and business credit cards, the charges allege Anglin wired herself large amounts of money and used Western Union to transfer the victim's money to her friends and acquaintances. Anglin allegedly transferred funds from the victim's accounts to pay for vacations in Las Vegas, resorts in Hawaii and trips to her hometown. Anglin also used the stolen money to pay for country club memberships, golf lessons, overdue child support payments and major home improvements, including a hot tub, according to the indictment.

The charges further allege that at no time during the fraud scheme was Anglin authorized to make these transfers or payments.

Anglin's scheme was uncovered when the victim's family began to question certain payments associated with his accounts, according to the indictment.

With the help of a Houston-based attorney, the family has estimated the total amount of fraud associated with Anglin's scheme to be more than $550,000.

The scheme allegedly began in late 2015 and continued until approximately December 2018.
If convicted of wire fraud, Anglin faces up to 20 years in federal prison, while a conviction for making false statements, carries a potential five-year-prison term.

The FBI and Harris County Precinct One Constable's Office conducted the investigation. Assistant U.S. Attorneys Heyward Carter and Steve Mellin are prosecuting the case.

The charges are the result of a renewed effort by law enforcement to protect America's older citizens from elder abuse.

Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, The Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In particular, this past February the Attorney General announced the largest elder fraud enforcement action in American history, charging more than 200 defendants in a nationwide elder fraud sweep. The Department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.

Elder justice refers to a society's response to elder abuse, which includes physical abuse, caregiver neglect, financial exploitation, psychological abuse, sexual abuse and abandonment.

Elder fraud complaints may be filed with the FTC or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime. Additional elder justice resources, training, and outreach materials can be found at the Elder Justice Website (http://www.elderjustice.gov/).

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Texas U.S. Attorney: Texas Personal Assistant Charged With Fraud for Stealing From Her Elderly Client

Philly lawyer who stole $100,000 from elderly client to gamble gets 4 years in prison

by Erin Arvedlund

HEATHER KHALIFA / AP

As she grew more frail, elderly Philadelphia retiree Sarah Fauntleroy signed over power-of-attorney rights to a local lawyer John Conner.

Conner, 63, was a well-known criminal defense lawyer – but he also had a gambling problem.

On Thursday, Conner was sentenced in federal court for stealing more than $100,000 from the 88-year-old woman, whose caretaker and neighbor uncovered Conner’s crimes in 2017.

Conner will serve 46 months in prison; his lawyer Arnold Joseph requested that Conner be sent to the Fairton, N.J., correctional institute. Fauntleroy wanted to attend, according to prosecutors, but she died Sunday.

What’s so unusual about Conner isn’t just that he stole from an elderly client, but that the Temple Law graduate worked as a high-profile lawyer with Cozen and O’Conner, and for many years as a federal agent with the Bureau of Alcohol Tobacco and Firearms. He started his own practice in 1995.

Prosecutors said the Conner case is part of a national sweep of financial elder abuse crimes that U.S. Attorney William “Bill” McSwain is pursuing under U.S. Attorney General William Barr’s initiative.

“The defendant’s conduct in this case was egregious,” said McSwain. “Stealing an elderly woman’s life savings, gambling it away at casinos, and then lying about it to federal agents – all as an officer of the court, an attorney who took an oath to act in the best interest of his clients and with a high moral standard.”

Erin Arvedlund

Sarah Fauntleroy, 88, testified against her former lawyer John K. Conner, who stole nearly $100,000 out of her accounts to gamble. She died Sunday, May 19, 2019, a few days before he was sentenced in federal court to nearly 4 years in prison.

Although she had suffered a stroke, Fauntleroy testified against Conner in writing as part of the trial.

Conner used her ATM card at casinos to withdraw money from Fauntleroy’s bank accounts in the amount of $105,632.01, according to court filings.

She was left with $15.07.

Homer Hills, a close friend and neighbor in Brewerytown, alerted the authorities after Fauntleroy’s phone and electricity were shut off. Hills and Fauntleroy’s caretaker suspected Conner of stealing her assets.

Conner subsequently lied to FBI agents and said Fauntleroy had given him permission to “borrow” nearly all of her money so that he could gamble at Parx and Sugarhouse casinos in Philadelphia and Tropicana and Borgata in Atlantic City, according to prosecutor Mark Dubnoff.

“Elder fraud is a pernicious crime, preying on the most vulnerable in society. She trusted him … and he betrayed that trust,” Dubnoff said during the hearing in front of U.S. District Judge Gerald McHugh of the Eastern District of Pennsylvania.

In 2016, Fauntleroy asked her brother for help handling her affairs and health care, and he introduced her to Conner. Fauntleroy was impressed and signed a power-of-attorney agreement that granted Conner authority to manage her finances and pay her bills.

As part of the agreement, Conner promised to keep his assets separate from hers. Shortly after executing the POA, however, Conner added himself as a signatory to a checking account that she maintained at Wells Fargo Bank and obtained an ATM card to withdraw funds.

Conner also opened a joint savings account at Wells Fargo in his and Fauntleroy’s names. He then liquidated an annuity she had set up for her niece and deposited the proceeds, which exceeded $110,000, into that account.

Over eight months, Conner used the POA agreement to drain nearly all of Fauntleroy’s money from her bank accounts. From Aug. 16, 2016, until April 22, 2017, Conner used the ATM card to make 176 cash withdrawals at casinos. Checks to her caregivers bounced.

Fauntleroy revoked Conner’s POA in April 2017 and the U.S. Attorney charged him in 2018.

“I’m very happy with the sentence,” said Hills, who attended the hearing. “He just stepped in and preyed on her. He didn’t have an epiphany about a gambling addiction. He got caught.”

Conner testified that the pressure and loneliness of caring for his 95-year-old father seven days a week and running a law practice prompted him to turn to gambling -- in particular, slot machines.

“I’m not a perfect man,” he told the judge. “I’m a gambling addict. I gambled my own money until I ran out. Then I used her card. I’ve learned that a compulsive gambler’s judgment is flawed.”

Conner “has used this fall from grace to begin his road to recovery,” his lawyer wrote in court filings, by enrolling in the Livengrin Center and participating in Gamblers Anonymous. Conner also voluntarily placed himself on the Pennsylvania Gaming Control Board Self-Exclusion from Gaming Activities list.

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Philly lawyer who stole $100,000 from elderly client to gamble gets 4 years in prison

Kent County financial planner charged with embezzling over $300,000 from elderly client

MUSKEGON, Mich. — A Kent County man was arraigned in Muskegon County on 14 felonies after being accused of stealing more than $300,000 from a widowed elderly client.

Michigan Attorney General Bill Schuette said Gary "Duke" Haynes, 57, of Comstock Park, used his relationship as the victim's agent to remove money from her accounts over four years.

According to investigators with the Elder Financial Crimes Unit, Haynes was given access to financial accounts of an 85-year-old woman with the intent of investing for her.

“Many of Michigan’s senior citizen have worked all of their lives to save for retirement,” said Schuette in a release. “My office and the Muskegon County Prosecutor’s Office are committed to stopping those who would prey on our seniors when they are the most vulnerable to theft and financial exploitation.”

Investigators said the money was used for his own personal benefit and to fund his two companies, Senior Planning Resource and Future by Design.

Hayes faces charges of embezzlement, conducting a criminal enterprise and filing false tax returns in Muskegon County.

His bond was set at $25,000.

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Kent County financial planner charged with embezzling over $300,000 from elderly client