Elowski tells court the money is gone

News Photo by Mike Gonzalez Michelle Elowski, present at her hearing via Zoom, is questioned about her ability to comply with court orders at the Probate Court on Monday.

by Mike Gonzalez

ALPENA — Alpena Attorney Michelle Elowski testified in Alpena’s Probate Court on Monday that over $550,000 she managed on behalf of two Alpena families is no longer in her possession and that she cannot purge the contempts.

Elowski faced back-to-back hearings starting at 8:15 a.m. Monday in court after being ordered to hand over $287,794 to the estate of Kenneth Mausolf and $270,908 to the Trueman Harrison and Modesta Harrison Trust, according to court records.

The original amount that was ordered by the court for the estate of Kenneth Mausolf was $502,969, but after reviewing accounting information from Elowski, the court found that some properties of the estate have not been sold yet and updated the order to $287,794 that should have been in Elowski’s control.

However, Elowski, in both hearings, testified that the money is no longer available as she no longer possesses the amount needed.

“Sometimes, in order to get your life back, you have to face the death of the life that you thought you were going to have and I’m at that point,” Elowski said before telling the court of her inability to purge the contempts. “I’m prepared to say today what needs to be said in order to handle this particular order.”

Judge Alan Curtis ordered extra hearings to understand how the money is no longer in Elowski’s possession, but could not say when that will be.

The most that Curtis could say was that hearings would likely happen on another Monday within a few weeks.

He also could not hold her in jail anymore, as Elowski directly answered whether she could comply with the court orders, so she will be released soon.

Elowski’s attorney with the Northeast Michigan Regional Defender Office declined to comment for this story. Attorneys for the Mausolf and Harrison families couldn’t be reached for comment on this story.

Tracie Schaedig, a family member involved in the Harrison Trust case, said she hoped to see Elowski stay in custody until she purged the contempts.

“We have several outstanding orders regarding our cases and to see Ms. Elowski released from custody is a huge disservice to our community,” Schaedig said. “We sometimes find ourselves asking when the justice system will crack down on crimes such as these, but we are trying to keep our faith. We will continue to stand up, speak out, and encourage others to do the same.”

Elowski, while soon to be out of jail, does not have her driver’s license or passport and must wear a tether due to her bond requirements from an arraignment on Feb. 2 in Oscoda County on two counts of common law fraud, one count of check fraud with non-sufficient funds of $500 or more, one count of embezzlement by a trustee of $1,000 or more but less than $20,000, and one count of embezzlement by a trustee of $50,000 or more but less than $100,000.

Elowski posted bond in Oscoda County but was then immediately transferred and booked in the Alpena County Jail on Feb. 3 because of two bench warrants she faced for contempt of court in the Mausolf and Harrison cases.

A preliminary examination, at which a judge will decide if the prosecution has enough evidence for the case to proceed to trial, was originally set for Feb. 12 but was recently adjourned to April 2.

State Police Specialist Lt. Derrick Carroll, a public information officer, said police expect to seek more charges and to identify more victims, but at the moment no arrest warrants are out for Elowski.

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Elowski tells court the money is gone

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

 

See Also: 

No deal reached in case accusing lawyer of stealing 

 

State seeks 7-year sentence for lawyer accused of stealing from clients 

 

Former Rockland attorney pleads not guilty to stealing from elderly clients

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.  

By Stephen BettsCourier-Gazette

 

Anita Volpe Courier-Gazette file photo

 

ROCKLAND —A former longtime Rockland lawyer accused of stealing tens of thousands of dollars each from three “vulnerable” people pleaded not guilty to all charges during a brief hearing Monday.

Anita M. Volpe, 73, of Tenants Harbor made her initial appearance in the Knox County court. She was indicted March 5 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.

Judge Patricia Worth agreed to conditions requested by the Maine Attorney General’s Office that Volpe not be a trustee, personal representative or handle finances for anyone else until the case is concluded.

Volpe said little other than that she understood the charges and her rights. A dispositional conference has been scheduled for June 27.

Volpe was represented at the hearing by attorney Steven Peterson of Rockport. Assistant Attorney General Leanne Robbin represented the state.

Volpe is accused of stealing more than $10,000 from Corine Hendrick from Oct. 26, 2012, through Dec. 1, 2014.

Hendrick was Volpe’s mother-in-law and died at age 92 on Dec. 20, 2014, after several weeks in a nursing facility in Augusta that her grandchildren said was very low quality. The family wanted to put her in a Camden nursing home, but could not afford it.

Volpe eventually issued a check for $119,658 to Hendrick’s estate. The deputy counsel for the Maine Board of Overseers, Aria Eee, however, questioned in a 2016 court filing where Volpe got the money.
“As such, the Board is concerned that attorney Volpe likely utilized other client funds in her trust account to issue the $119,658.54 check she paid to Ms. Hendrick’s estate,” the deputy bar counsel wrote.

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

Volpe had initially been the personal representative for Hendrick’s estate after Hendrick died, but Volpe withdrew before the estate was probated.

In 2016, Volpe’s attorney at the time, Toby Dilworth of Portland, said the allegations against her in the Hendrick case were unproven.

“They are not facts. Ms. Volpe was prepared to defend against them. However, given that she was planning to wind down her practice after almost 39 years as a lawyer, she decided to surrender her license rather than engage further in this intra-family dispute,” Dilworth said back in 2016.

Another alleged victim was Patricia Wakefield, a retired Army lieutenant colonel.

The state alleges that Volpe stole more than $10,000 from Wakefield from May 20, 2014 through April 2, 2018.

Wakefield died at age 87 on Nov. 11, 2016 at the Knox Center in Rockland.

Volpe was the personal representative who oversaw the handling of Wakefield’s estate. Wakefield, who had lived in Tenants Harbor before going to the nursing home, had signed the will naming Volpe as personal representative on Dec. 15, 2000. Volpe was also listed as having the power to make medical decisions for Wakefield if she was unable to make those choices for herself, according to probate court records.

Wakefield was not married and had no children. Her will left all her assets to the Bolles School in Jacksonville, Fla.

After her death, the Knox Center made a claim against Wakefield’s estate for $49,667.

The third alleged victim listed in the indictment is Mary Webb. The indictment against Volpe alleges she stole money from Webb from April 21, 2014 through Jan. 9, 2017.

Volpe was also listed as the durable financial power of attorney for Webb in a probate case involving the disposition of the estate of Webb’s husband, Richard Webb Jr. Richard Webb, a St. George resident, died on Jan. 27, 2014 at the age of 86 at the Cushing Homestead.

His obituary listed no children for the couple.

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Former Rockland attorney pleads not guilty to stealing from elderly clients

Officials:Dickson attorney stole $1 Million from child of Tennessee trooper killed on duty

DICKSON, Tenn. (WZTV) — A Dickson attorney is accused in a million-dollar scheme, including stealing $1.1 million from a minor whose Tennessee trooper father was killed in the line of duty.

Attorney Jackie Lynn Garton, 54, is charged with wire fraud, aggravated identity theft, and tax fraud related to an 8-year long scheme stealing money from clients and law partners.

The scheme lasted from 2009 to 2017, according to middle Tennessee's U.S. District Attorney's office.

Officials said Garton acted as a trustee and removed over $1.1 million from the trust of a minor whose Tennessee trooper father was killed in the line of duty.

Documents say Garton withdrew funds from clients’ accounts without their permission and deposited the stolen funds into his personal bank accounts. He's also accused of trying to defraud the IRS of $350,000.

If convicted, Garton faces 25 years in prison and a $750,000 fine in addition to paying restitution to the victims. 

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Officials:Dickson attorney stole $1 Million from child of Tennessee trooper killed on duty

Attorney accused of stealing $87,000 from disabled woman with head injury

Joseph Baessler

FLINT (WJRT) (4/9/2019) - Police have charged a local attorney with embezzling $87,000 from an incapacitated woman who suffered a closed head injury 35 years ago.

Joseph Baessler was appointed the conservator for the 64-year-old woman after she suffered a closed head injury during a crash in 1984. She has been incapacitated and required around-the-clock care ever since.

Genesee County Sheriff Robert Pickell said his Elder Abuse Task Force began investigating Baessler. They determined he billed the woman for time and services he did not perform amounting to $87,962.

He said Baessler used that money to pay his legal secretary, pay his mortgage, pay his condominium fees and to spend on personal use.

Baessler was arraigned on one count of embezzlement from a vulnerable adult. He faces up to 15 years in prison and a fine equaling three times the amount embezzled if he is convicted.

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Attorney accused of stealing $87,000 from disabled woman with head injury

Sheriff: Local attorney accused of embezzling from vulnerable adult

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A local attorney has been charged, accused of embezzling from an incapacitated woman.

Genesee County sheriff Robert Pickell said that attorney Joseph Baessler has been arraigned on one felony count of embezzlement from a vulnerable adult.

This comes after Pickell claims Baessler took money to pay for business and personal expenses.

"Well it's always despicable when someone takes advantage of elderly person," Pickell said.

But Pickell said that's exactly what a Burton-area lawyer did to a client when he was entrusted to protect her.

Pickell said that Baessler was appointed conservator to a 64-year-old woman in 1984 after a car accident left her incapacitated. She received a closed-head injury so severe she still requires 24/7 care, according to the sheriff.

"Rather than helping her and being a support person, he turned out to be a monster," Pickell said.

Pickell said the Elder Abuse Task Force found that while acting as the victim’s fiduciary, Baessler billed for time and services he did not perform in the amount of $87,962.27 dating back to 2010.

Further investigation revealed Baessler used the victim’s money “to pay his legal secretary and make payments on his mortgage and condominium fees. The victim’s money was also used to pay for various personal expenses,” Pickell alleged.

Pickell said the probate court got suspicious and had an audit performed on Baessler. Their findings led to the attorney's arrest.

If convicted, Baessler could serve up to 15-years behind bars, and be forced to pay damages up to three times the amount stolen.

Baessler was arraigned in court on Tuesday, April 9 and is free on bond. He is due back in court later this month.

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Sheriff: Local attorney accused of embezzling from vulnerable adult

Easthampton attorney charged with financial fraud, lying to federal agents

U.S. District Court in Springfield

BOSTON, Mass. (WWLP) - Easthampton attorney Phillip R. Williams has been arrested and charged for various financial fraud offenses and lying to federal agents.

Williams, 49, was indicted on three counts of wire fraud, two counts of engaging in financial transactions greater than $10,000 of proceeds derived from criminal activity, two counts of money laundering, two counts of tax fraud, and one count of false statements to a federal official. Williams appeared in federal court in Springfield Monday and was detained pending a hearing scheduled for April 4, 2019.

According to the indictment, Williams was an attorney licensed to practice law in Massachusetts. Williams maintained an Interest on Lawyers’ Trust Account at a bank in Massachusetts and was required to hold funds with the care required of a professional fiduciary, for the exclusive benefit of his clients. Between approximately Jan. 29, 2014, and Dec. 31, 2014, Williams allegedly devised a scheme to defraud two individuals who transferred $950,000 into the Williams Lawyers’ Trust Account. As part of that scheme, Williams stole $453,695 of these funds for his own benefit, his family members, and two associates.

It is further alleged that when Williams electronically filed his self-prepared 2014 Individual Tax Return Form 1040 with the IRS, he failed to report the full amount of the $453,695 that he misappropriated from the Williams Lawyer’s Trust Account. In September 2015, Williams filed an amended 2014 Individual Tax Return, Form 1040x, with the IRS and increased his adjusted gross income from $44,439 to $282,000.

In addition, in July 2015, Williams allegedly told agents that he reported an estimated $300,000 of the stolen funds on his 2014 income tax return.

The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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Easthampton attorney charged with financial fraud, lying to federal agents

Attorney charged with stealing clients' investments back in South Bend for court appearance

Eric Marshall

SOUTH BEND — Eric Marshall, the local attorney who appeared to have skipped town amid fraud allegations and charges last year, is back in South Bend and made his first court appearance Monday.

Marshall, 61, closed his office without notice and stopped communicating with clients at the beginning of last year. Not long after, two civil lawsuits were filed against Marshall by former clients accusing him of running a Ponzi scheme and stealing their investments.

In December, he was charged in federal court with five counts of mail fraud in what the U.S. Attorney called an “elder abuse scam.” In January, Marshall was arrested in Clearwater, Fla. After being extradited, Marshall was booked into the St. Joseph County Jail at the end of last week.

Monday, Marshall was arraigned on his federal charges before Magistrate Michael Gotsch. Marshall pleaded not guilty on all counts. Judge Gotsch denied bond and ordered Marshall to remain in pre-trial detention. A jury trial has been scheduled for April 29.

Between two civil suits, Marshall has been ordered to pay roughly $2.5 million. His wife, Kathleen Marshall, is named in one of the suits, but recently had the default judgement against her vacated. She said she had no knowledge of her husband’s alleged crimes and she didn’t know she was being sued.

This doesn’t completely remove her from the lawsuit, but she will now be able to raise a defense in court against the allegations. The default judgement against Eric Marshall still stands.

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Attorney charged with stealing clients' investments back in South Bend for court appearance

S’Park attorney indicted for allegedly stealing more than $150K from clients

A Sunset Park attorney was indicted on charges of two counts of second- and third-degree grand larceny and two counts of first-degree perjury in Brooklyn Supreme Court on June 25 after he allegedly stole more than $150,000 from his clients.

District Attorney Eric Gonzalez said the court would punish lawyer for allegedly betraying his clients’ trust.

“This defendant was entrusted to safeguard these funds, but instead allegedly stole the money and used it for his own purposes,” Gonzalez said. “We will now hold him accountable for his alleged criminal actions.”

Between 2014 and 2018, the attorney — who hails from the distant land of Pennsylvania — allegedly stole a $98,000 down payment in a real estate transaction plus a $55,000 client settlement, and ignored numerous attempts to contact him, according to Gonzalez.

He was released without bail and ordered to return to court on September 19, the district attorney’s office said.

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S’Park attorney indicted for allegedly stealing more than $150K from clients

Attorney charged in fiscal elder abuse, fraud scheme

An 82-year-old attorney is behind bars Tuesday after allegedly embezzling more than $460,000 from a 92-year-old woman and her disabled and dependent son over a four-year period, according to the San Mateo County District Attorney’s Office.

Initially the family’s attorney, Daly City resident Albert Boasberg eventually became the financial and medical power of attorney for the elderly woman, who is living with dementia at the Marymount Greenhills Retirement Center in Millbrae, as well as her son, who is in his 60s and living at the Burlingame Long Term Care Center. He allegedly filled out 12 life insurance applications using false information about the man’s medical history and listing himself as the beneficiary and stole some $17,000 from the man’s mother between 2010 and 2014, according to prosecutors.

He pleaded not guilty to felony charges of fiscal elder abuse and insurance fraud Tuesday. Boasberg is facing eight to 10 years in prison after a yearslong investigation produced a warrant for his arrest this week. The thefts were discovered when both facilities, where the victims receive 24-hour care, reported his failure to make monthly payments for the victims’ care to the county Health System’s Adult Protective Services, which resulted in his removal as the victims’ power of attorney in 2015. The county’s Public Guardian has been the victims’ conservator after Boasberg was removed as their attorney, according to prosecutors.

Boasberg is believed to have used the funds for personal reasons, including diversion of some $100,000 to his wife’s home country, the Philippines, and luxury vacations in Las Vegas, according to prosecutors.

Boasberg was ordered to have no contact with either victim when he appeared in court Tuesday and will next appear in court for a motion to reduce his bail, which has been set at $450,000, according to prosecutors.

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Attorney charged in fiscal elder abuse, fraud scheme

Lawyer charged with embezzling $426k

A former attorney has been charged with stealing $426,000 from his clients.

Connecticut State Police say 65-year-old John Butts, of Salem, has been charged with first-degree larceny after taking funds from two people he had represented in probate matters.

Police say in one of the instances, the former Salem probate judge failed to provide a woman more than $150,000 from the sale of her late father's condominium. In another instance, Butts took about $276,000 from a client.

The state Division of Criminal Justice says Butts was suspended from practicing law last February and surrendered his law license in September.

He's been released pending his arraignment in Norwich Superior Court on Jan. 25. A phone number listed for Butts was unable to accept new messages Thursday because its inbox was full.

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Lawyer charged with embezzling $426k

Lawyer heads to trial for $400G theft from clients

Gregory G. Stagliano

MEDIA COURTHOUSE >> A Delaware County personal injury attorney waived arraignment Wednesday on charges that he stole more than $400,000 in settlement funds that were supposed to go to his clients.

Gregory G. Stagliano, 61, of the 500 block of Chaumont Drive in Radnor, is charged with theft by unlawful taking, theft of services, theft by deception, and receiving stolen property, all felonies of the third degree, in allegedly pocketing money that was supposed to go to nine different victims he represented in personal injury cases. Stagliano is additionally charged with unauthorized practice of law.

District Attorney Jack Whelan said when announcing the charges in May that investigators led by county Detective Michele Deery began looking at Stagliano in July 2016, based on a tip from the Disciplinary Board of the Supreme Court of Pennsylvania.

Investigators found a similar pattern of theft in each of the nine cases, with Stagliano allegedly depositing funds meant for clients into his own Santander Interest on Lawyers Trust Account for personal use.

In one case, Stagliano received $65,000 that was supposed to go to the victim in a car accident, according to a release from the District Attorney’s office. But prosecutors claim Stagliano paid the victim only $7,500, then warned her to stop contacting him seeking the balance.

“I wish you to cease your continued harassing communications in this regard and if you do not, we will go about it in a different way,” he allegedly told that victim.

An investigation by the Disciplinary Board revealed that Stagliano still owed that victim $40,000. Deery looked into the bank records and found just $133.77 remained in the account, according to the release.

“As prosecutors, we find the violation of his sworn fiduciary responsibly especially disturbing and Mr. Stagliano used this position in order to fund his own lavish lifestyle and pay his own personal debts with his clients’ money,” said Whelan. “Individuals should be able to trust their attorneys and abusing that trust is both unethical and in this case criminal. Today’s arrest of Mr. Stagliano should send a clear message that no one is above the law.”

A pretrial conference date was not immediately available. Anyone who believes they also have been victimized by Stagliano is urged to contact Deery at 610-891-8745.

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Lawyer heads to trial for $400G theft from clients

Attorney Forges Judges’ Signatures Over 100 Times. Earns Jail, Sick Burn

It’s been about a year and a half since we last checked in on Jose Camacho, a Florida lawyer charged with forging the signatures of seven different judges on over 100 documents. Yesterday, he was sentenced to 364 days in jail, 10 years of probation, and a comical tongue-lashing from the court.

Ultimately Camacho forged signatures on 114 documents — structured settlements factoring transactions for his clients — and filed them with the Broward County clerk. Broward has since put a stop to allowing attorneys to file documents supposedly coming from the judges, a policy fix so obvious it’s shocking it wasn’t long in place. (UPDATE: Originally this article described these documents as setting up structured settlements, but it’s a little different than that. The National Structured Settlement Trade Association points out that the documents at issue set up factoring transactions that allowed settlement purchasers to offer discounted cash payments in exchange for the rights to future settlement payments. This supercharges the potential for abuse here because, while judges most often approve these deals, they should be scrutinizing them due to the risk of disadvantaging victims.)

It remains one of the most baffling cases of professional misconduct we’ve covered at Above the Law for the simple reason that Camacho seemingly garnered no advantage at all from his actions. The settlements would’ve earned a rubber stamp had he submitted them to the court. He just… didn’t.

“He was lazy,” she testified. “He was purely lazy.”

That’s Judge Marina Garcia-Wood, one of the Broward judges who uncovered the scheme, testifying at Camacho’s sentencing this week.

Meanwhile, Miami-Dade Circuit Judge Ellen Sue Venzer, who presided over the case because, quite frankly, how could you trust the Broward courthouse after realizing they let this go on, offered a time-worn burn while she sentenced Camacho:

“In today’s environment, lawyer jokes are abundant. You’ve heard the one about what’s 1,000 lawyers at the bottom of the sea? A good start,” Venzer said. “You only only reinforce that stereotype, but you buttress the idea that lawyers can’t be trusted.”

Looking for a way to escape the heat? Dive into this month’s crop of cool legal podcasts.

It’s bad enough to be heading to jail, but to sit through a lawyer joke too? It’s not even one of the good lawyer jokes either! That’s what makes it such a harsh rebuke — Judge Venzer didn’t even find Camacho worth crafting a good joke for. She just threw out a lazy quip that’s been copied a hundred times.

Oh. That’s some postmodern trolling, right there.

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Attorney Forges Judges’ Signatures Over 100 Times. Earns Jail, Sick Burn

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

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

Atlanta lawyer hit with murder charge in wife's 'accidental' shooting death

Claud “Tex” McIver

A prominent Atlanta attorney who says he accidentally shot and killed his wife last year has been indicted on murder and witness tampering charges.

Claud “Tex” McIver was charged initially with involuntary manslaughter in the death of his wife Diane McIver last September. The murder indictment was unsealed on Thursday.

McIver told police that while sleeping in the backseat of an SUV, a gun he was holding discharged and the bullet went through the seat and struck his wife, Fox 5 Atlanta reports.

Family friend Dani Jo Carter was driving the SUV at the time.

Prosecutors believe McIver may have killed his wealthy wife for her money, the station reported.

“There’s no financial motive. There’s no jealousy. There’s absolutely no motive,” said defense lawyer Stephen Maples, according to the station.

McIver was jailed on Wednesday when authorities found a gun in his home and revoked his bail.

The indictment accuses McIver of instructing Carter to tell police she wasn’t a witness to the shooting, The Atlanta Journal Constitution reported.

Full Article & Source:
Atlanta lawyer hit with murder charge in wife's 'accidental' shooting death

CONTACT 13: Las Vegas attorney in guardianship case charged

LAS VEGAS (KTNV) - A Las Vegas attorney involved in a guardianship abuse scandal faced a judge Wednesday.

Noel Palmer Simpson worked for private guardian April Parks and three of her associates.

Simpson is looking at two felony charges for theft and filing false documents. She is part of the sweeping guardianship abuse indictment involving more than 200 felony counts.

According to court records, Simpson and Parks changed the beneficiary on an elderly client's life insurance policy without court permission while Simpson "used the legal system to divert and capture more than $25,000."

The client wanted the money to go to her friends, but Simpson created a probate case so when the client died, she and Parks could charge estate fees.

Although Simpson is only facing two charges, court records claim she was involved in many other incidents.

Contact 13 discovered that Simpson worked with another disgraced guardian, Patience Bristol, who was convicted for exploiting and stealing from her elderly and vulnerable clients. Bristol is serving up to 8 years in prison.

If found guilty, Simpson could be looking at one to 10 years in prison for the theft charge and one to five years for filing the false document. Her next court appearance is in September.

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CONTACT 13: Las Vegas attorney in guardianship case charged

Lawyer charged after alleged $70M Ponzi scheme faces court date

Attorney Steven Scudder is scheduled for an arraignment and change of plea hearing on a federal charge related to an alleged $70 million Ponzi scheme run by William and Connie Apostelos.

Scudder was charged by bill of information with wire fraud, according to documents filed in Dayton’s U.S. District Court.

Scudder’s plea hearing originally was scheduled for June but was continued after a request by federal prosecutors, who said there was a chance of a plea in the case.

Scudder’s hearing now is scheduled for Wednesday in the courtroom of U.S. District Court Judge Thomas Rose. Attorney Keith Yeazel, who represents Scudder, declined to comment about the case.

Apostelos and his wife, Connie, were indicted on 27 counts alleging that the Springboro couple bilked nearly 500 investors out of tens of millions of dollars in a Ponzi scheme during at least a five-year period from 2009 to 2014.

The information about Scudder states that from July 2013 until July 2014, Scudder served as the trustee of the WMA Trust, a land trust that secured funds from WMA Enterprises, a purported investment firm.

Scudder resigned from his position in mid-2014 but held himself out as trustee of the WMA Trust through September 2014, the document alleged:

“Steven Scudder and others known to the United States Attorney, acting with intent to defraud, knowingly and intentionally devised, executed, and participated in a scheme to defraud investors and to obtain money and property owned by and under the custody and control of investors.”

The information includes a record of a September 2014 interstate phone call from Scudder to another person as proof of wire fraud.

William Apostelos’ sister and her daughter — Rebekah E. Fairchild and Rebekah L. Riddell, respectively — each pleaded guilty in February to one count of conspiracy.

A 30-page complaint alleged that William Apostelos “portrayed himself as a sophisticated investor and businessman, and he exploited his network of clients, business associates, and friends to attract new investors.”

William and Connie Apostelos’ trial is currently scheduled for Feb. 6.

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Lawyer charged after alleged $70M Ponzi scheme faces court date

Beechview attorney, county clerk face charges in alleged estate scheme

A Beechview-based attorney and an employee of Allegheny County's Department of Court Records Wills/​Orphans’ Court Division have been charged criminally today in relation to the filing of an estate that was later voided.

Attorney Thomas O’Neill, 75, of Beechview and county probate clerk Thomas Halligan, 58, of Wilkins both face charges of securing execution of documents by deception, false swearing, tampering with public records and obstructing administration of law.

According to an affidavit by detective Jackelyn Weibel, of the Allegheny County Office of the District Attorney, the two worked together in August on the million-dollar estate of doctor John D. Wargo, who died in July. A friend of his who lives in Virginia sought to open an estate as the executrix, but had only a copy of the will, not the original.

The friend had initially contacted another local attorney, who told her about the difficult process of determining whether there is an available, original will. She later called that attorney, according to the affidavit, and said “she had decided to go down another road.” The other attorney later reached out to investigators.

The affidavit describes the “other road” as a winding one featuring the two charged men and a suspicious signature.

Video surveillance of the wills office showed that on Aug. 11, Mr. O’Neill approached the counter at which Mr. Halligan worked, and “slowly and painstakingly signed” an estate document, according to the affidavit. Mr. Halligan then put it into a counter drawer, according to the affidavit. The executrix was not present, but the investigation later showed that her name was on one of the signature lines.

According to the affidavit, Mr. Halligan sought two weeks later to “reverse” the estate — an act which the affidavit described as “very unusual.”

According to the affidavit, when detectives later interviewed Mr. Halligan, he “stated that he made a mistake in judgment,” and voided everything. He told detectives he “did not watch O'Neill sign the forms” but confirmed that he “doesn't know how else they would have gotten signed.”

The Pittsburgh Post-Gazette in September reported the existence of an investigation into Mr. O’Neill and the office. Four people who had filed estates with the office said they had been steered by staff to Mr. O’Neill.

Such recommendations are at odds with county policies, under which members of the public with legal questions must be referred to the Allegheny County Bar Association Lawyer Referral Service.

Mr. Halligan was suspended from his $47,590-a-year job at the time.

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Beechview attorney, county clerk face charges in alleged estate scheme

NJ: Brick lawyer stole $1.2 million from elderly

A Brick attorney who has long served as an advocate for the elderly and held himself out as an expert on elder law has been charged with stealing more than $1.2 million from elderly clients, authorities say.

Robert Novy, 65, whose office is in Manchester, was arrested on charges of first-degree money laundering, second-degree theft by unlawful taking, and second-degree misapplication of entrusted property, according to a statement from the Office of Attorney General Christopher Porrino. He was taken to Ocean County jail with bail set at $500,000.

“While Novy held himself out as a leading legal advocate for the elderly, we allege that he corruptly used his reputation and his law license to prey on vulnerable seniors, taking control of their finances and stealing more than $1 million from their life savings.” Porrino said in the statement. “In his greed, Novy not only betrayed his oath as a lawyer to uphold the law, he betrayed all standards of decency.”

Many of the victims were people without close relatives or were of diminished capacity, Porrino's office said.

Gerald Krovatin, Novy's attorney, said his client had done nothing wrong.

"Bob Novy has had a distinguished career as an attorney and has helped many people over his 40 years in practice in elder law,"Krovatin said. "He denies these charges and he will fight them with every bone in his body.”

Novy spoke about elder law on “Inside the Law,” a radio program on WOBM-AM – the station’s website shows he covered topics such as estate planning, wills, powers of attorney, Medicaid, real estate settlements and asset protection. In an episode in May 2015, Novy interviewed a sergeant with the Ocean County Prosecutor's Office about scams targeting seniors. (Click to Continue)

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NJ: Brick lawyer stole $1.2 million from elderly