 |
| Public defender Eliana Forciniti speaks with
Thomas Gage before he was escorted out of the courtroom by a sheriff’s
deputy and taken to state prison after being sentenced Thursday for
financially exploiting an elderly woman. |
BRENTWOOD — Former Exeter lawyer Thomas Gage was
sent to state prison for at least two years Thursday after financially
exploiting an elderly woman who was once a family friend and client, and
leaving her saddled with more than $81,000 in credit card bills.
Gage,
58, of Newfields, was sentenced to 2 to 4 years in prison and must pay
restitution after pleading guilty in September to two counts of
financial exploitation.
During his sentencing hearing in
Rockingham County Superior Court, Gage apologized for the pain he’s
caused the victim, saying he never set out to hurt her financially.
“It
became a reckless enterprise which caused reprehensible harm,” he said,
adding, “All I can say at this point is that I’m devastated.”
Gage
was charged after taking out five credit cards in the victim’s name and
racking up more than $80,000 between January 2015 and January 2016.
Gage, who formerly practiced in Exeter, was disbarred in 2016 for mismanaging other clients’ money.
According
to Attorney Brandon H. Garod, Gage told the victim that he was
renovating a family home that he inherited from his parents and wanted
to turn it into an apartment building, but couldn’t get his own
financing. He convinced the victim to allow him to take out five credit
cards in her name, claiming she would not be responsible for the debt
because he planned to set up a limited liability company, which would
inherit any of the debt and not affect her credit. As part of the plan,
Garod said Gage told her that eventually she could earn income from the
rental.
Garod said Gage never set up the LLC and didn’t actually
own the property, which faced foreclosure. After taking out the credit
cards, Garod said he maxed them out and used the money to pay off his
own debt and his businesses, Gage Law Offices and Quality Title Company.
Garod
argued that Gage was manipulative and was able to get the victim to
agree to the scheme by a “lifetime of building trust” between him and
the victim through their family connections and handling any legal
matters as her attorney.
“The trust made this possible,” said Garod, who works in the Consumer Protection and Anti-Trust Bureau’s Elder Abuse.
The
victim also spoke about the impact on her her finances and her health
and how she’s had to deal with credit card companies looking for
repayment.
“He kept making promises that didn’t follow through,” she said.
Eliana Forciniti, Gage’s public defender, disagreed with how the prosecution had portrayed him as a “sophisticated con artist.”
She
described him as a man with low self-esteem who has been depressed and
felt that throughout his life he was never able to live up to the
expectations of others.
Forciniti
claimed that Gage was in denial about the state of his own finances and
truly thought that he could save the old family home and remodel it.
But
she said he has taken responsibility for what he did and agreed that he
should be punished, arguing that a 1 to 3 year prison sentence was
appropriate.
“His actions were certainly careless and reckless. He was lying to himself,” she said.
Judge
Amy Messer said the court would accept the fact that he’s had
challenges in his life, but she was “troubled” by the fact that he took
the victim’s money while under audit for mismanaging other clients’
money, which led to him being disbarred in 2016.
Messer said Gage
had an opportunity to reflect on how he handled the finances of others,
but “despite that you continued on a path where you seriously impacted
someone else’s life. You took advantage of another person. You violated
her trust. You frankly changed the trajectory of her life.”
In
addition to the 2- to 4-year sentence, Messer also handed down a 3- to
6-year suspended sentence and ordered that he pay $81,274 in restitution
to the victim.
Full Article & Source:
Former Exeter lawyer heads to prison, apologizes for 'reckless enterprise'