Showing posts with label accused of stealing from elderly clients. Show all posts
Showing posts with label accused of stealing from elderly clients. Show all posts

Thursday, October 21, 2021

Former Knox County lawyer admits to stealing more than $1 million from incapacitated clients

Anita Volpe faces up to 10 years in prison for the felony theft convictions. 

 
By Stephen Betts

WISCASSET — Former lawyer Anita Volpe pleaded guilty Monday to stealing more than $1 million from three elderly, incapacitated clients.

Volpe pleaded guilty Oct. 18 in Lincoln County Superior Court to three counts of felony theft. Justice Daniel Billings said sentencing will likely be held in February or March 2022.

There is no agreed upon sentence for the 76-year-old Tenants Harbor woman. Assistant Attorney General Leanne Robbin filed a memorandum in the Knox County court in October 2019 asking for a seven-year prison term for Volpe. After the hearing Monday, Robbin said since there is no agreed upon sentence, Volpe could be sentenced to up to 10 years for the offenses.

Volpe said little during the hearing other than saying she understood her rights and that she was pleading guilty.

Volpe was indicted in March 2019 on three counts of felony theft, two counts of Class B misuse of entrusted property and one count of Class C misuse of entrusted property. The misuse of entrusted property charges were dismissed Monday in exchange for the guilty pleas.

Volpe is represented by attorney Leonard Sharon who complained to the judge about the amount of time the prosecutor was taking during the Monday hearing to detail the thefts. He asked that he and Volpe be allowed to sit during the recitation since he contended it was taking as long as a trial.

The case, like most in the court system, had been delayed because of the COVID-19 pandemic and restrictions imposed by the court.

Volpe stole $553,225 from Mary Webb; $490,416 from Patricia Wakefield; and more than $100,000 from Corine Hendrick who was her mother-in-law. The amount of restitution to be paid has not been determined and will be set by the judge at the sentencing hearing.

Volpe served as the power of attorney for the three women.

The longtime local lawyer used the stolen money to pay personal credit card debt and to purchase real estate, including a parcel abutting her home in St. George. Volpe also used some of the money to repair her Main Street law office in Rockland, and for repairs to her St. George home. Money was also used to pay property taxes for property she owned in Florida and for a vehicle for her business partner. One payment from Webb’s account was $2,500 for a wood carving from an art gallery that Volpe owned in Rockland.

Volpe also received annuities meant for Wakefield, a retired Army lieutenant colonel, after the woman died.

Hendrick died Dec. 20, 2014, at age 92, after several weeks in a nursing facility in Augusta that her grandchildren said was very low-quality. The family had wanted to put her in Quarry Hill, but could not because of lack of funds.

The Maine Supreme Court accepted the surrender of Volpe’s license in lieu of disciplinary action in August 2016. Justice Andrew Mead impounded all the documents related to the matter, but Hendrick’s grandson, Shane Hendrick, of Camden, released the paperwork back in 2016.

Volpe had initially been the personal representative for Hendrick’s estate after Hendrick died, but withdrew before the estate was probated. She repaid the Hendrick’s estate after she surrendered her law license but the Board of Overseers of the Bar was unaware that the money had been stolen from Webb and Wakefield.

The thefts from the other women came when the banks noticed the multiple transactions over a period of years.

Volpe had been admitted to the Maine Bar in 1977.

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Tuesday, April 23, 2019

Former Rockland attorney pleads not guilty to stealing from elderly clients

Anita Volpe is charged with stealing tens of thousands of dollars from three clients.  



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Former Rockland attorney pleads not guilty to stealing from elderly clients

Thursday, May 3, 2018

Attorney Who Preached Elder Law Stole $1.9M From Elderly: AG

TRENTON, NJ — On the radio and in seminars, attorney Robert Novy stressed the importance of having someone you can trust — a family member, a friend or even an attorney — you can trust to watch over your affairs if you become unable to do so yourself.

At the same time as he was giving out that advice, the state attorney general's office says, Novy was taking advantage of the very people he said needed a trusted adviser.

Novy, 66, of Brick, was indicted Monday on 10 counts accusing him of stealing $1.9 million from his elderly clients, several of whom did not have close relatives to guard their interests and in some cases suffered from dementia, Attorney General Gurbir S. Grewal.

Novy originally was arrested in October 2016, and authorities alleged he had taken more than $1.2 million, according to the original report. But in the months since then, more victims have been located, and Grewal's office said the investigation is continuing.

As an expert in elder law, Novy hosted a bimonthly radio program "Inside the Law," which focused on topics of concern to senior citizens. He was arrested on Oct. 18, 2016 and detectives executed a search warrant at his firm, Novy & Associates, on Ridgeway Avenue in Manchester, seizing billing records and other evidence. The Attorney General's Office obtained court orders freezing more than $3.5 million in assets held by Novy and his firm and appointed a trustee to oversee the firm's business operations.

"Novy allegedly stole nearly $2 million from vulnerable clients, preying on seniors who were frail and isolated and who trusted him as their attorney to guard their life savings," Grewal said. "It is hard to imagine a more callous personal and professional betrayal."

"We allege that Novy systematically drained his clients' assets, laundering funds through various bank accounts and charging unauthorized fees to enrich himself and his firm," said Director Elie Honig of the Division of Criminal Justice. "We urge anyone with relevant information about Novy and his handling of client funds to contact our office."

The indictment alleges that from 2009 through 2016, Novy stole approximately $1.9 million from six elderly clients. The investigation is ongoing, and the Division of Criminal Justice is looking at numerous additional suspicious financial transactions involving funds of other clients of Novy.

The investigation revealed that Novy allegedly stole funds from elderly and deceased clients who often did not have a close relative to claim their estate or challenge Novy's actions. He allegedly used the stolen funds for his own benefit, paying personal and business expenses. Novy gained control through wills, powers of attorney, and trust documents, making himself the sole financial decision-maker for the clients. When clients had sizeable assets in the form of an annuity or life insurance policy, Novy allegedly directed insurance companies to redeem the policies and send the money directly to him. In some cases, when challenged by trustees or relatives about particular funds that had been withdrawn from client accounts, Novy claimed they were "administrative errors" and repaid the funds.

The indictment alleges that Novy engaged in three different schemes by which he stole funds from the six clients:

1. In one scheme, Novy is alleged to have simply transferred funds from his clients' personal bank accounts or from his clients' liquidated personal assets into his own bank account. Novy allegedly stole $322,342 from four of the six victims through this criminal scheme, authorities said.

2. In the second scheme, Novy allegedly transferred funds from his clients' personal accounts or liquidated assets into IOLTA (Interest on Lawyer Trust Account) sub-accounts that he controlled. The powers of attorney executed by the victims legally required Novy to place their assets into independent trust funds selected by the victims that would manage their assets, so the act of placing the funds into accounts that he controlled constituted a theft by Novy. It is alleged that Novy stole $929,026 from three of the six victims through this criminal scheme, authorities said.

3. In the third scheme, Novy allegedly transferred client funds from various accounts – including the clients' personal accounts, the clients' IOLTA sub-accounts, or the firm's attorney trust account – into the firm's operating and disbursement accounts. Novy allegedly excessively billed the clients for power of attorney fees without any supporting invoices. Novy allegedly stole $659,457 from three of the six victims through this criminal scheme, authorities said.

Monday's indictment included two counts of second-degree theft by unlawful taking; three counts of second-degee misapplication of entrusted property; one count of second-degree theft by deception; two counts of first -degree money laundering and two counts of second-degee money laundering, Grewal's office said.

The money laundering counts allege that Novy engaged in transactions involving the stolen funds and the various accounts – primarily his attorney trust accounts and/or attorney business accounts – through which he concealed the source of the stolen funds and used them to promote his criminal activities.

Novy allegedly stole $1.9 million from the following six victims – all residents of Ocean County – and/or their estates:

1. Brick Township woman who died in 2015 at age 88. Alleged theft: approximately $738,457.

2. Manchester Township woman who suffered from dementia and died in 2014 at age 87. Alleged theft: approximately $650,700.

3. Brick Township woman who suffered from Alzheimer's disease and died in 2013 at age 85. Alleged theft: approximately $242,305.

4. Manchester Township woman who currently is 98. Alleged theft: approximately $130,000.

5. Point Pleasant woman who suffered from dementia and died in 2015 at age 87. Alleged theft: approximately $103,843.

6. Waretown woman who died in 2013 at age 85 (and her husband who died in 2011 at age 92). Alleged theft: approximately $45,520.

The Division of Criminal Justice Financial & Computer Crimes Bureau, assisted by the New Jersey Division of Taxation Office of Criminal Investigation is investigating the case, which was referred to the state by Ocean County Surrogate Jeffrey W. Moran.

Novy also was investigated by the New Jersey Office of Attorney Ethics, which issued an ethics complaint against him on Jan. 26, 2016, and assisted the Division of Criminal Justice, Grewal's office said.

Deputy Attorneys General Peter Gallagher and William Conlow presented the case to the state grand jury for the Division of Criminal Justice Financial & Computer Crimes Bureau, under the supervision of Deputy Bureau Chief Mark Kurzawa and Deputy Division Director Christine Hoffman. The case was investigated by Detective Michael Arduini, Detective Michael Woods, Lt. Anne Hayes, Investigator Jordan Thompson, Investigator Wayne Cummings and Analyst Terri Drumm. Deputy Attorney General Derek Miller and Investigator Debra Maiorano are handling the state's forfeiture action.

Attorney General Grewal thanked the Ocean County Surrogate, the New Jersey Office of Attorney Ethics and the Division of Taxation Office of Criminal Investigation for their valuable assistance in the investigation. Special Agents Mike Mullane and Will Makar investigated for the Division of Taxation Office of Criminal Investigation.

First-degree money laundering carries a sentence of 10 to 20 years in prison, along with a fine of up to $200,000 and an anti-money laundering profiteering penalty of up to $500,000. Second-degree charges carry a sentence of five to 10 years in prison and a fine of up to $150,000. The second-degree money laundering charge carries an additional anti-money laundering profiteering penalty of up to $250,000.

The indictment was handed up to Superior Court Judge Mary C. Jacobson in Mercer County, who assigned the case to Ocean County, where Novy will be ordered to appear in court at a later date for arraignment.

Authorities urged anyone with information about alleged misappropriation of client funds or other suspicious transactions involving Novy to contact the Division of Criminal Justice's toll-free tipline 1-866-TIPS-4CJ to report the information confidentially.


Full Article & Source:
Attorney Who Preached Elder Law Stole $1.9M From Elderly: AG

Tuesday, July 11, 2017

Bond reduced for Venice attorney accused of stealing from estates

SARASOTA — A Sarasota County circuit judge ordered a reduced $407,500 bond for Adam R. Miller, a Venice attorney accused of embezzling over $700,000 from elderly clients’ trust accounts after their deaths, during a hearing on Monday.

The bond had been set at $1.7 million.

Miller was charged with one count of exploitation of the elderly over $50,000, two counts of scheme to defraud over $50,000 and one count of scheme to defraud between $20,000 and $40,000.

Circuit Judge Charles E. Roberts presided over Monday’s hearing.

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Bond reduced for Venice attorney accused of stealing from estates

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Venice lawyer charged with stealing over $400K from elderly clients

Friday, June 9, 2017

Venice lawyer charged with stealing over $400K from elderly clients

VENICE — A family whose members said they are victims of a Venice lawyer arrested Tuesday for exploiting the estates of at least three elderly clients said they were going to use the money from their deceased uncle’s estate to pay for their children’s college education in the fall.

The family said they spoke to detectives Friday morning and that estate attorney Adam Miller, 38, of Venice has not been charged in connection with their case yet. A family member, who wished to remain anonymous, said that Miller was placed in charge of their uncle’s estate after he died in 1999.

“All I know is that my children’s trusts are gone, almost $500,000,” the woman said. “My youngest was supposed to start college after summer vacation; my oldest daughter has two small children, and my son is only 10.
“I can’t believe that he did this, I find it so unreal.”

The woman said that even after Raymond Miller — the father of Adam Miller — was arrested in 2010 and sentenced to four years in prison for stealing nearly $1 million from the estate of Holocaust survivor Beila Millet of North Port, her aunt transferred the account to Adam Miller.

The aunt passed away in 2014, the woman said.

“It makes you lose trust; my children are devastated,” the woman said.

The woman said her uncle made his money operating bowling alleys. She said she expected detectives to file charges in connection with their case this week.

On Tuesday, Adam Miller was charged with one count of exploitation of elderly, and three counts of scheme to defraud three different estates. He allegedly misappropriated $408,850 from the estate of a deceased Englewood couple.

Raymond Miller had pleaded no contest to a charge he stole $941,256 from Beila Millet of North Port. She reportedly survived medical experiments in a Nazi concentration camp.

As part of the plea agreement, Raymond Miller was sentenced to four years in prison and was placed on probation until he paid back the money.

Millet had left the money to Israeli hospitals, schools and veterans’ groups when she died at age 93 in 2006. Raymond Miller only disbursed about $122,000 within months, but more than 50 beneficiaries never received their money, which is now gone.

According to the Sarasota County Sheriff’s Office:

Adam Miller, who was not involved in the 2010 case, also was tapping into the trusts of his clients.

George and Eileen Johnston hired Adam Miller as their trustee and power of attorney in August 2013 to control six financial accounts, but immediately following their deaths (Eileen in 2014, and George in 2015) Adam Miller allegedly began to write and deposit high-dollar checks to himself or his law firm from accounts belonging to the Johnstons’ Trust. The funds were beyond normal attorney’s fees, detectives stated in the report.

Financial records show that Adam Miller received an estimated $130,000 from the Johnstons’ Englewood Bank account from July 2014 until George Johnston died in Febrary 2015. The attorney also received an estimated $24,500 from a Fifth Third Bank account from November 2014 until November 2015. The checks were drawn by Miller or counter withdrawals.

After the sale of the Johnstons’ Englewood home in March 2015, Adam Miller opened an Englewood Bank and Trust account to deposit a check for $264,389.37 under an account titled “George and Eileen Johnston Trust.”

Adam Miller allegedly received another $231,000 from the Englewood bank account from November 2015 to March 2016.

Detectives determined that Adam Miller paid the Johnstons’ beneficiaries only $25,500 after the couple’s deaths. None of Adam Miller’s business or personal bank accounts show the funds being disbursed to beneficiaries, the sheriff’s report said.

Sheriff’s detectives, along with the FBI, executed a search warrant on Adam Miller’s business and home and identified at least two other estates that were allegedly victims of fraud.

The Sheriff’s Office said the investigation is ongoing and additional charges could be filed in the case.

Full Article & Source:
Venice lawyer charged with stealing over $400K from elderly clients