Des Moines lawyer faces disbarment over theft

Sandra Suarez-Quilty

A Des Moines lawyer, lobbyist and former school board candidate who has acknowledged stealing money from clients and committing numerous other ethical violations should be barred from practicing law, the Grievance Commission of the Iowa Supreme Court says.

In responding to a complaint from the Iowa Supreme Court Attorney Disciplinary Board, the commission is recommending that the court revoke the law license of 44-year-old Sandra Suarez-Quilty.

According to the commission, Suarez-Quilty lied to a judge about her representation of a client; practiced law after her license was suspended in the wake of a second-offense conviction for drunken driving; used a client’s trust fund to pay for expenses unrelated to the client’s case; was arrested a fourth time for drunken driving while the charges tied to her third such arrest were still pending in the courts; and charged $5,000 to a client’s credit card for no legitimate reason.

The five-member commission noted that in Iowa, the conversion of client funds to one’s personal use is enough to support revocation of a law license, making it unnecessary for the panel to consider the other alleged ethical violations. Suarez-Quilty converted money from two of her clients to her own use, the commission stated.

“She admits to having committed theft,” the panel wrote in its recommendation. “The $5,000 charge on the credit card is very serious” and Suarez-Quilty ”admitted to having committed a felony with regard to those funds.”

Suarez-Quilty said this week that while she doesn't dispute the commission's findings, she is appealing the recommendation for a license revocation.

“There is no question that in the course of my disease of alcoholism I made bad decisions,” Suarez-Quilty said. “And I am desperately sorry for that. I am a sober woman today and living in recovery.”

Suarez-Quilty has practiced law in Iowa for 19 years and runs the Suarez Law Firm on Court Avenue in Des Moines, where she specializes in immigration cases and family law.

In 2012, she sought appointment to fill the term of a resigned Des Moines school board member, but was arrested a few days before the finalists for the position were chosen. According to police records, she came home intoxicated and fought with the man with whom she shared a residence at the time.
She allegedly punched him in the face, leaving his eye swollen shut. She was subsequently convicted of domestic-abuse assault causing bodily injury.

At various times, Suarez-Quilty worked as a staff attorney for Planned Parenthood and as a lobbyist for Orchard Place, the American Civil Liberties Union of Iowa and the Iowa chapter of the American Cancer Society.

In 2010, she received a private admonition for an alleged assault on a state trooper after a drunken-driving arrest. In 2013, she was publicly reprimanded as a result of her domestic-abuse assault conviction, and in 2015 she was publicly reprimanded for a variety of ethical violations.

Full Article & Source:
Des Moines lawyer faces disbarment over theft

Police: More charges against Mokena lawyer who embezzled from trusts

MOKENA – Police say a Mokena-based lawyer who set up trust funds took another victim for $300,000.

Two more theft charges were filed last week against John W. Pleta, of Tinley Park, after a fourth victim's loss was verified by investigators to a grand jury, according to Mokena Police Chief Steve Vaccaro.

On Dec. 23, Pleta was arrested by Mokena police after being accused of helping himself to more than $1 million of an elderly client's trust fund.

Pleta has been a lawyer for 30 years and specialized in estate planning and wills. At the time of his arrest, he maintained an office on Bormet Drive.

"Three other victims have been discovered since his arrest where money was taken in the same fashion," Vaccaro said  Tuesday.

Pleta, 56, remains in Will County jail.

Full Article & Source:
Police: More charges against Mokena lawyer who embezzled from trusts

Lawyer admits to stealing $75,000 from a widow in nursing home

Batavia N.Y. - A prominent Batavia attorney admits he he stole more than $75,000 from a widow in a nursing home who was also his client. 81-year-old Randolph Zickl was arrested, arraigned, and pleaded guilty to grand larceny on Friday.

Zickl and his family are well known in the county's legal community, so a special prosecutor and judge were brought in to hear the case - which also was not made public until Monday.

Zickl was handling the victim's husband's estate and admitted to double-billing her for that work. He then continued to withdraw from her accounts, but was no longer representing her. The theft was discovered by a family member.

He is no longer a practicing attorney, because he resigned from the bar on Friday. 13WHAM News found him packing up his office on Batavia's Main Street.

"I'm not sure he wants to talk," said the woman who answered the door. Zickl was standing in the hallway behind her.

Zickl is the father of two attorneys in the Genesee County District Attorney's office, Robert and William Zickl. Until recently, he was in charge of the county's Office of Legal Assistance. Chairman of the County Legislature Ray Cianfrini says the Legislature received Zickl's letter of resignation a few weeks ago, but wasn't made aware of the pending legal case against the man until this morning.

"This came as a shock. This seems so out of character for someone like Randy Zickl," he said.

The case is being prosecuted by the Erie County District Attorney's office. Erie County judge James Bargnesi is presiding. The judge indicated that if Zickl makes full restitution by sentencing in September, he would be sentenced to probation because of his age. 

Full Article & Source:
Lawyer admits to stealing $75,000 from a widow in nursing home

Did suspended attorney steal funds from disabled girl?

Tampa attorney David Whigham made a career setting up special needs trusts for his clients, acting as a guardian of such trusts in at least dozens — and possibly hundreds — of cases.

However, Whigham’s law license was suspended in March 2016 after the Florida Bar accused him of stealing at least $899,431 from the Joseph E. Steurlein Revocable Living Trust.

According to court documents, the Bar accused Whigham, 48, of “causing great public harm by misappropriating client funds to be held in trust as will be shown by facts supported by the affidavits.”

The affidavits and accompanying evidence show Whigham did indeed receive nearly $900,000 into his law practice bank account but did not disperse the funds to various charities per the death of the settlor triggering the disbursement.

Whigham did disperse $200,000 to Shriner’s Hospital in Tampa but failed to disperse the remaining money to the Scottish Rite Schizophrenic Research Foundation of the Northern Masonic Jurisdiction in Lexington, Massachusetts.

Bank records show Whigham’s account was, in fact, overdrawn shortly after the Shriner’s dispersant. The Florida Bar alleges Whigham tried to pull the wool over their eyes with a series of excuses that were at first plausible, but increasingly outrageous.

Unfortunately, Whigham was also the guardian of a special needs trust set up in 2011 to benefit Emily Pike, 23, of Clermont. Pike has cerebral palsy and is mentally disabled.

According to Pike’s family, Whigham did a lousy job and seems to have lost $458,246 from her trust. The Pikes accuse Whigham of negligence, though they do not specifically accuse him of stealing the missing funds.

“We got a letter from David Whigham saying he was no longer going to be the guardian of Emily’s trust,” said Karen Pike, Emily’s mother. “We haven’t heard much else. We know he is being looked into by various people but that’s all we know right now.”

Where are all the hundreds of thousands of dollars under Whigham’s watch?

It seems only Whigham himself knows, and he isn’t talking.

Whigham could not be reached for comment, as both listed phone numbers have been disconnected.

Full Article & Source:
Did suspended attorney steal funds from disabled girl?

Lawyer Looted $1 Million From WWII Vet's Living Trust: Cops

The Tinley Park man stole the money over the course of two years, police said.

A Tinley Park man with a legal office in Mokena stole $1 million from the living trust of a World War II veteran, according to a criminal complaint filed in Will County court.

John Pleta, 55, was jailed Tuesday on two counts of felony theft. His bond was set at $750,000.

The Mokena police investigated the case. Pleta’s law practice is located in Mokena, according to the Illinois Attorney Registration and Disciplinary Commission.

Pleta allegedly stole the money out of the living trust of Isadore Tobianksy. Tobiansky died at at the age of 93 in January 2013. He enlisted in the military in February 1942.

Pleta was charged with driving under the influence in June 2012, despite his alleged attempt to talk the arresting officer out of it by letting him know he is an attorney.

“While escorting John to my squad, he stated, ‘Do you really have to go there? I’m a lawyer, you know,’” an officer said, according to a police report.

Full Article & Source:
Lawyer Looted $1 Million From WWII Vet's Living Trust: Cops

Exclusive: Guardian accused of ‘theft’

A prominent Winston-Salem attorney who routinely serves as an estate guardian and public administrator through the Forsyth Clerk of Superior Court’s office is being accused of committing “… felony theft by fraud …” for taking over $44,000 he allegedly had no legal authority to do so.

As part of its continuing series of articles about allegations of a continuing “pattern and practice” of fraud and mismanagement at the Clerk’s office involving the assets and properties of elderly African-American Forsyth County residents, The Chronicle has secured and reviewed a copy of a motion filed in Forsyth County Superior Court on Nov. 24 in the matter of the estate of Steven W. Epperson.

The motion, filed by Winston-Salem attorney Reginald D. Alston on behalf of Epperson’s siblings, Susan and Kelvin Epperson, seeks a court order to “immediately” remove attorney Bryan C. Thompson “… from acting as guardian of the Estate of Steven W. Epperson and to allow Susan Epperson to resume as Guardian of …” her brother’s estate.

According to the motion, there are no court documents on file proving that attorney Thompson – who has been prominent in many of the cases The Chronicle has reviewed and reported on in recent weeks – was ever legally appointed as estate guardian to Steven Epperson prior to April 2010, and yet there is a witnessed court document showing that Thompson received $44,180.68 on behalf of Epperson as his “guardian” on Nov. 15, 2009.

The motion not only seeks Thompson’s “immediate removal” and Susan Epperson’s reinstatement as guardian of the estate, as indicated before, but also, “… such other and further award as the court deems justified,” meaning damages may be warranted.

Per the motion and accompanying court documents, Steven Epperson was legally determined to be incompetent in July 1982 and his father, John W. Epperson, was then appointed guardian of his person, managing whatever personal areas involving health and well-being.

By February 2004, according to an April 15, 2010 court order, John Epperson had died, so Steven’s sister, Susan, was appointed his guardian of person. A few months later in June 2004, Susan was then also appointed guardian of Steven’s estate, thus allowing her to manage his financial affairs.

Reportedly, Steven had a 1/14th interest in the sale of real estate that his deceased father apparently owned, and was “… due about $44,000.00 in distribution … ”

For reasons the court order does not detail, Susan was “… discharged” as estate guardian on Nov. 2, 2004, and there was no “supporting documentation … found in the court file” confirming it or explaining why, according to the new motion.

In fact, almost five years later, when asst. clerk Paula Todd sent a “Notice of Hearing” to Steven Epperson’s family members regarding their father’s estate on Sept. 16, 2009, she addressed one of the notices to  “Steve Epperson, c/o Susan Epperson, Guardian ….”

If Susan Epperson had indeed been removed as estate guardian almost five years earlier, then how could that happen, the new motion inherently asks. But the alleged fraud goes even deeper.

A “Final Receipt” from the Forsyth Clerk’s office dated Nov. 15, 2009 – just two months later – for  “cash” in the value of $44,180.68 listed as the  “personal representative/trustee” for John W. Epperson’s estate responsible for distributing the funds as  “Bryan C. Thompson.”

And the “undersigned beneficiary” receiving that money was also “Bryan C. Thompson, Guardian of Steven W. Epperson,” the document The Chronicle reviewed showed.

Attorney Thompson listed himself as both the one authorizing the funds as the alleged legal representative of the father’s estate, and the person receiving it as the alleged legal estate guardian for the son, Steven, even though there was no court documentation proving that status.

Thompson’s signature is not on the court receipt from the Clerk’s Office, but a signature next to the typewritten name of witness “Amanda H. Jones” is.

That Clerk’s office receipt was not file stamped, meaning legally, according to previously noted state appellate court opinion, it was invalid and not properly entered into the court record.

It is not until April 15, 2010, court documents show, that attorney Bryan Thompson was allegedly appointed by the assistant clerk Todd as “Successor Guardian of the Estate” for Steven Epperson.

The Epperson siblings’ motion alleges that attorney Thompson “… committed a felony theft by fraud in withdrawing in excess of $44,000 from an estate in which he is acting as fiduciary and without legal authority taking possession of that money, based upon the fraudulent assertion of guardianship of Steve Epperson at least six months prior to his appointment.”

The motion also alleges that assistant clerk Todd did not give the family “… proper notice … prior to issuing an order appointing …” Thompson as estate guardian, and that “failure to notify [the family] … was intentional and an effort to cover up Bryan Thompson’s felony theft.”

Attorney Thompson, through his attorney, has consistently maintained that in his role as estate guardian in various cases, he did nothing wrong, and followed the directives of the Clerk’s office.

At press time Tuesday, no hearing date had been assigned for the motion.

Full Article & Source:
Exclusive: Guardian accused of ‘theft’