Rogue attorney sentenced to 37 months for defrauding clients with fake judgments

The lawyer told his clients he filed complaints and motions on their behalf while doing nothing of the kind.

by Edvard Pettersson

The United States courthouse in downtown Los Angeles. (Edvard Pettersson/Courthouse News)

LOS ANGELES (CN) — A disbarred attorney was sentenced to 37 months in federal prison after he pleaded guilty to defrauding his clients through faked judgements with forged signatures.

Matthew Elstein formerly with national law firm Tressler LLP, was also ordered to pay $254,000 in restitution at his sentencing Monday in Los Angeles.

U.S. District Judge Mark Scarsi wasn’t persuaded that a degenerative brain condition Elstein, 52, claims to suffer from was either at the root of his criminal conduct or a reason not to sent him to prison. Instead, the judge sentenced him to the prison term prosecutors had asked for.

Elstein admitted last year that over a four-year period he had told his clients that he filed complaints, motions and other pleadings in court when, in fact, he hadn’t done anything. He billed them from legal services that he never rendered and for expenses he never incurred. He would also send his clients fraudulent court orders, settlement agreements, and other documents to convince them he had resolved the cases in their favor.

In June 2016, Elstein lied to a corporate client that they had won a $52 million default judgment and sent them a fake court order with a forged signature from the judge even though he never even filed a lawsuit for them. He then doubled up on his bluff by telling the client that the case was under seal because of a federal investigation and presented them with a fake settlement agreement between with the U.S. attorney’s office in Sacramento. The company only discovered the fraud when they reached out to the U.S. attorney’s office to authenticate the settlement.

“Defendant caused irreparable financial, reputational and emotional damage to his victims that exceeds the mere monetary damage caused by a typical fraud,” prosecutors with the U.S. attorney's office in LA said in their sentencing memorandum. “Defendant’s motive appears fueled not only by greed but also malice.”

One of Elstein’s victims spoke in court and said he will never salvage his reputation, which Elstein destroyed.

“The damage he did is just incapable of ever being repaired,” the man said.

In a tearful bid for clemency, Elstein told the the judge that he understood the pain he had caused and said a degenerative condition of his frontal lobe may soon diminish his mental capacities. His lawyer told the judge that Elstein’s medical condition contributed to his behavior spinning out of control.

After he had already agreed to plead guilty, and his state bar license was inactive, Elstein accepted $3,500 from a new client to help him secure an inheritance. According to a Redondo Beach Police Department officer, who listened in on a call between Elstein and this person, Elstein appeared to be delaying and “scamming” the man.

Elstein’s lawyer, Candace Fields, argued that her client had already been punished enough for his malpractice by losing his law license and asked for a sentence of home confinement or, at most, just months in prison. She also pointed out that Elstein refunded the $3,500 he accepted even though his license was no longer active.

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Rogue attorney sentenced to 37 months for defrauding clients with fake judgments

Hunt continues for disbarred attorney accused of murder

The multi-state manhunt for former Smyrna attorney Richard Merritt continues while family members are in hiding from the suspected killer.

Merritt pleaded guilty last month to theft, forgery and elder-exploitation charges, admitting to settling clients’ lawsuits without telling them and keeping their checks for himself.

Cobb Superior Court Judge Robert Flournoy III sentenced Merritt to 30 years with 15 to serve in prison and the rest on probation, and ordered to pay $454,706 in restitution.

Flournoy also gave Merritt two weeks to get his affairs in order before reporting to prison, but investigators believe he instead stabbed his mother to death, removed his tracking ankle monitor and fled in his mother’s car. 77-year-old Shirley Merritt was found dead in her Stone Mountain home Feb. 2.

Merritt’s ex-wife, Jenine Merritt, told FOX 5’s senior reporter Dale Russell she is staying in an undisclosed location while her ex-husband is on the loose.

“He’s a deceitful, immoral person, but I never thought he would kill someone,” she said. “The kids and I are scared, and now that we know what he’s capable of, we are afraid that he’s going to turn up.”

Jenine Merritt told Russell her now-ex had called her the night before he was to begin his prison sentence and told her he refused to let anybody else have her.

Jenine Merritt told the TV station her former husband has connections with the Florida panhandle, New Orleans and New York. She said he loves fishing and Irish pubs and that she doubts he’ll be able to keep in hiding for long.

“I think he’s such a narcissist and he has to have an audience. I don’t think he can keep to himself forever. I think he’s going to start going out in public and chit-chatting with people and getting cocky,” she said.

Richard Merritt was last seen driving a silver 2009 Lexus RX350 with Georgia tag CBV 6004. Authorities believe he may have shaved his head or otherwise changed his appearance.

Jenine Merritt said he can grow back his fine, sandy brown hair in a month or so, and grow a goatee in two weeks, though he can’t grow a beard.

The U.S. Marshals said Merritt should be considered armed and dangerous, and his brother Robert Merritt agrees.

“I would be wary if I saw him, just to give him a wide berth,” he told FOX 5. “Just call 911.”

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Hunt continues for disbarred attorney accused of murder 

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Ex-wife of fugitive former attorney speaks as manhunt continues

Disbarred Georgia attorney Richard Merritt on the run after allegedly killing his mother

Disbarred Cobb attorney gets prison for defrauding clients 
 
Disbarred Lawyer Jailed on Theft, Elder Abuse Charges

Ex-wife of fugitive former attorney speaks as manhunt continues

SANDY SPRINGS, Ga. (WGCL) - The ex-wife of a fugitive former attorney suspected of killing his mother says she and her children are terrified he'll show up.

On the day he was supposed to begin serving a prison sentence for fraud, police say disbarred Georgia attorney Richard Merritt killed his own mother.

A nationwide manhunt has been underway ever since.

Merritt’s ex-wife and children are in protective custody.

"We are scared, we've been hiding, we have protection from the US Marshals office,” Dr. Merritt said.

She says her ex led a double life, was a verbally abusive drunk and allegedly snapped on Feb. 2, when he allegedly killed his own mother.

That was the same day he was set to turn himself over to authorities for a 15-year prison sentence for defrauding clients.

"I think he was drunk and I think he told her he wasn't going,” Dr. Merritt said.

She says she believes others are helping Merritt evade capture. Dr. Merritt added that she's fearful of how a confrontation with police will end.

"I think suicide is a possibility,” she said. “He destroyed us with what he did."

The US Marshals service is offering a $5,000 reward for information that leads to Merritt's capture.

Full Article & Source:
Ex-wife of fugitive former attorney speaks as manhunt continues

See Also:
Disbarred Georgia attorney Richard Merritt on the run after allegedly killing his mother

Disbarred Cobb attorney gets prison for defrauding clients 
 
Disbarred Lawyer Jailed on Theft, Elder Abuse Charges
 

Disbarred Georgia attorney Richard Merritt on the run after allegedly killing his mother

A nationwide manhunt is underway for a disbarred Georgia attorney accused of killing his mother.

Richard Merritt had been sentenced to 15 years in prison and 15 years on probation after being convicted of stealing money from his clients and elder abuse. The court found him guilty on more than 30 counts of theft, forgery and elder exploitation.

He was given until 5 p.m. on February 1 to get his affairs in order before turning himself in.

Instead, the US Marshal Service says he cut off his ankle monitor and fled.

The day after Merritt was supposed to surrender, his mother, Shirley Merritt, was found violently killed. Her car was missing, while Merritt's vehicle was found at the scene, the US Marshal Service said in a statement.

"The vehicle he may be driving is a 2009 silver Lexus RX350, bearing a Georgia tag CBV 6004," the US Marshal Service's statement reads. "He may have shaved his head or otherwise changed his appearance, and should be considered armed and dangerous. Do not try to engage him. If you see Merritt, please contact law enforcement immediately."

Merritt had admitted to settling civil lawsuits on his clients' behalf without their knowledge, forging signatures on settlement checks and documents and keeping money intended for his clients, the Cobb County District Attorney's office said in a statement.

"The victims came to him for help, and he helped himself instead," Senior Assistant District Attorney Jason Marbutt said. "People ought to be able to trust their lawyer. When a lawyer lies, it has ripple effects on the entire system."

Merritt was also ordered to pay $454,706 in restitution to his clients.

"Some of his client-victims were pursuing medical malpractice claims and are now further injured financially because of Merritt's crimes and abuse," the Cobb County DA's office said. "Some other victims are elderly. Merritt lied to the victims, leading them to believe he was still pursuing their legal claims. Meanwhile, he was spending the unauthorized settlement funds on lavish vacations and a Porsche."

CNN has reached out to the lawyer representing Merritt in his initial conviction for comment but has not yet received a response.

Source:
Disbarred Georgia attorney Richard Merritt on the run after allegedly killing his mother

See Also:
Disbarred Cobb attorney gets prison for defrauding clients 
 
Disbarred Lawyer Jailed on Theft, Elder Abuse Charges

Disbarred Cobb attorney gets prison for defrauding clients

Richard Vinson Merritt

A disbarred Smyrna attorney has been sentenced for settling civil lawsuits without telling his clients and keeping the money for himself.

Richard Vinson Merritt, 44, pleaded guilty in Cobb County court Friday, according to prosecutors. The judge ordered he spend 15 years in prison and 15 on probation in addition to paying a restitution of $454,706.

Investigators found he used the money taken from clients, some elderly or filing medical malpractice claims, to buy a Porsche or go on vacation.

“The victims came to him for help, and he helped himself instead,” prosecutor Jason Marbutt said in a Cobb district attorney’s office news release.

Merritt would tell victims he was still pursuing legal action for them, but instead he had already closed the case without them knowing and was using the settlement money.

According to an indictment, he forged signatures on court documents and checks along with fake notary seals between 2014 and 2017. In all, 17 of his former clients were victims.

Several victims testified Friday in court, according to the news release. One called him a “scoundrel” and another said he was “ a professional con man.”

“People ought to be able to trust their lawyer,” said Marbutt, the prosecutor. “When a lawyer lies, it has ripple effects on the entire system.”

Merritt surrendered his license to practice law in January 2018, according to records from the State Bar of Georgia. He was booked into jail soon after.

The judge granted Merritt’s request for time to get his affairs in order, and he must return to custody by 5 p.m. on Feb. 1.

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Disbarred Cobb attorney gets prison for defrauding clients

Bridgeport Attorney Pleads Guilty to Stealing $1.3 Million From Clients, Friends

Photo: RomanR/Shutterstock.com

A former longtime Bridgeport attorney pleaded guilty in federal court in Hartford to one count of wire fraud for allegedly defrauding clients, family members and friends of more than $1.3 million.

Thomas Murtha, who was a partner and managing member of now-defunct Maher & Murtha in Bridgeport, resides in Newtown. He appeared before U.S. Magistrate Judge Donna Martinez Wednesday. Prosecutors say he operated a long-term fraud with more than 20 victims, including a client suffering from mental illness.

Murtha faces up to 20 years in prison when he is sentenced by U.S. District Judge Michael Shea in September. He was released on a $10,000 bond pending sentencing.

Murtha, 62, resigned from the Connecticut Bar in September 2016 after three grievance complaints accused him of defrauding multiple victims, beginning around November 2011.

Those victims, court papers say, include a brother and sister and their deceased cousin, who jointly owned a three-family home in Shelton. Murtha handled the cousin’s estate and the sale of the home.

The complaints also accused Murtha of forging documents for a mortgage and trust. They claim he used the money to purchase a $725,000 home in Michigan and a 2.11-carat diamond engagement ring.

Prosecutors said Murtha stole at least $1.3 million from more than 20 individuals over the course of several years. They said he took more than $516,000 from a client suffering from mental illness.

Law enforcement officials arrested Murtha on a federal criminal complaint on April 5, 2017.

A grand jury returned a multicount indictment on Aug. 16.

Murtha has agreed to pay about $1.36 million in restitution, forfeit his interest in the Michigan house, and surrender the 2.11-carat diamond ring that the government seized.

According to the May 30 plea agreement, Murtha “knowingly and willfully converted client or trust funds without the victims’ knowledge and permission.” The plea agreement also states that Murtha “falsely represented to victims that he had their money when, in fact as he well knew, Murtha had already expended those funds for his own use and benefit and/or commingled those funds with his own money.”

The plea agreement also states Murtha submitted false or forged documents to victims. And, the agreement says, Murtha obtained and incurred charges on credit cards in the name of others without their knowledge or permission.

Murtha had practiced law in Connecticut for 35 years, from 1981 to 2016. His areas of expertise included civil and criminal litigation, and real estate and family law.

Andy Bowman, a Westport-based solo practitioner, represents Murtha. He did not respond to a request for comment Friday. Murtha could not be reached on multiple phone numbers by press time.

Assistant U.S. Attorneys Jennifer Laraia and David Huang prosecuted the case. Thomas Carson, a spokesman for the U.S. Attorney’s Office in Connecticut, declined to comment.

Read the plea agreement:

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Bridgeport Attorney Pleads Guilty to Stealing $1.3 Million From Clients, Friends