Tuesday, June 4, 2019

Racine County judge suspended without pay; SCOWIS cites ‘obviously unethical’ behavior

MADISON — The Wisconsin Supreme Court has suspended a Racine County judge for five days without pay, citing “concerning” and “obviously unethical” behavior.

The unanimous court in an unsigned order Tuesday, May 21 said that Racine County Judge Michael Piontek’s judicial misconduct in two cases from 2014 warranted the suspension.

In one case, Piontek called a prosecutor without notifying the defense attorney. In the phone call, Piontek said that any plea negotiation should involve the defendant being convicted of a felony and those involved in “scams like this” need to be stopped.

The Supreme Court says Piontek appeared to only admit his “obviously unethical” wrongdoing after he was caught.

In the case, Piontek did an independent internet investigation and relied on incorrect information at sentencing. The Supreme Court calls it “clearly improper” to conduct the research and not give the defendant’s attorney a chance to respond.

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Racine County judge suspended without pay; SCOWIS cites ‘obviously unethical’ behavior

Retirement should not mean hardship – but many older Americans live in poverty

Vivian Majors at her home in Opelousas, Louisiana, on February 20, 2019. Photograph: Annie Flanagan/The Guardian
Vivian Majors spent her life cleaning houses while her husband, Martin, worked as a carpenter. Their bodies broke down in their 60s. She is now 71, living on her own and struggling to pay her bills. He is in a nursing home and has Parkinson’s disease. She survives on a $960 monthly social security check and $50 in food stamps. Hardened by years of physically taxing work that left her hovering around the poverty line, Majors, now retired, is girding herself for more years of financial hardship.
Elderly poverty was supposed to be a thing of the past. Social security supposedly wiped out the scourge of old-age penury, signaling one of the great social-policy triumphs of the modern era. But this is far from the whole story. Inequality, which has grown markedly in Europe and North America since the 1970s, has widened the gap between the secure and insecure in all age groups, and has exposed American seniors to financial distress in ways that often go unnoticed.

Opelousas, Louisiana, has the highest rate of elderly rate in the US. Photograph: Annie Flanagan/The Guardian
According to research from the University of Massachusetts Boston, material hardship bedevils millions of Americans such as Majors who are over 65.

Opelousas, Louisiana (population 16,480), where Majors and her husband grew up and raised their own children, has the highest rate of elderly poverty in the US. Seventy-five percent African American, Opelousas is home to men and women who have worked all their lives. But in 2017 the average per-capita income in the town was only $15,266 a year, and 45% of its population lived in poverty.

Mary Quick sweeps after the Holy Ghost Community Meal in Opelousas, Louisiana. Photograph: Annie Flanagan/The Guardian
Few Opelousas retirees received sick leave or healthcare coverage while they were working, and virtually none can count on a pension to support them when they can no longer work. A lifetime of poverty rarely translates into what the rest of the country defines as true retirement. Instead, the working poor often stay on the job past retirement age.

The statistics from Opelousas are extreme, but its labor market’s underlying conditions – which residents have faced all their lives – are echoed across the country. Of those who are still of working age, 62% of African Americans and 69% of Latinos have no retirement savings. Come retirement, they are almost entirely reliant on social security. When that is the sole source of income, economic hardship is likely to be the outcome – not to the extent it was before social security was created, but a great deal more than for workers with long histories in often better-paid private-sector jobs.

Holy Ghost Community Diner in Opelousas, Louisiana. Photograph: Annie Flanagan/The Guardian
In the US, the poverty line was set by the Department of Agriculture as a multiple of the price of a typical “food basket” in the 1960s. It has been updated and benchmarked for family size every year since. The incidence of poverty for Americans over 65 has declined significantly, even further if measured against the poverty rate in the 1930s and 40s. Social security expenditures have played a crucial role in bringing about this improvement. As this safety net spread and the benefits available increased, poverty moved decisively downward.

We tend to think of inequality as shaping the lives of children and working-age adults, depending on their educational attainment. But the trajectory of inequality powerfully affects older people as well. Their lives in old age are a natural extension of their experiences in the prime working years. Social security is, in the end, insufficient to protect a surprisingly large number of older Americans from poverty.

Vivian Majors takes care of her husband Martin who has Parkinson’s disease. Photograph: Annie Flanagan/The Guardian
The US is an outlier in terms of elderly poverty – in the wrong direction. Retirement expert Teresa Ghilarducci, a professor at the New School, points out that a higher proportion of older Americans are below the threshold set by the Organization for Economic Cooperation and Development than all other advanced economies in the world except for Australia and Switzerland.
This perspective is corroborated by the Gerontology Institute at the University of Massachusetts Boston. Its Elder Economic Security Standard Index provides a more fine-grained understanding of hardship, conditional on household size, location, housing and health status, among other variables. The index shows that in 2016 a majority of American seniors lacked “the financial resources required to pay for basic needs”. The numbers are higher for those living alone than those in two-senior households, but overall the material hardship of the elderly is significant. The variation across the states is pronounced. But “in every state, the share of older adults living ‘in the gap’ between the federal poverty line and the Elder Index is larger than the share living in poverty”.

Rates of old age poverty in the world. Illustration: Forbes
Theirs is an economically uneasy life. Like the “near poor” more generally, older households above the poverty line miss out on federal and state benefits – from Snap, or food stamps, to housing grants to Medicaid – designed to assist those in need. They are on their own and yet facing significant shortfalls in the resources needed to survive at a minimally acceptable level.

Gaps were particularly problematic for women who, on average, received $4,500 less per year in social security benefits than men because they had lower lifetime earnings and worked fewer quarters to take time out for caregiving.

The gender gap reminds us of one of the most important aspects of elder poverty: it does not generally descend at the end of a career. Instead, it is a function of the inequalities that beset people during their working years. In this sense, elder poverty isn’t really about elders; it is about lifetimes spent under conditions of accumulated economic marginality.

Vivian Majors at her home in Opelousas, Louisiana. Photograph: Annie Flanagan/The Guardian
Poorer seniors are likely to have been poor, or among the working poor, most of their lives. They have held jobs that paid low wages, were often involuntarily part-time, provided for no sick leave or health insurance and provided nothing at all in the way of pensions.

Majors is a frugal woman. She is inclined to shut down the air conditioner in the height of a humid Louisiana summer rather than see her electricity bill rise beyond what she can afford. Even in her old age, with such limited resources, she lends a hand to her grown children when they need it. “A lot of people sometimes wonder how you’re making it,” she says. “But you manage, you know. You’re going to survive.”

That is no doubt true. Yet we can ask ourselves why merely being able to “manage” is the best that can be expected for a hardworking woman like Majors. Retirement should not mean hardship in the 21st century.

Opelousas, Louisiana. Photograph: Annie Flanagan/The Guardian
Katherine S Newman is the interim chancellor of the University of Massachusetts, Boston, the Torrey Little Professor of Sociology, and author of Downhill from Here: Retirement Insecurity in the Age of Inequality (Metropolitan Books)

This article was supported by the Schumann Center for Media and Democracy and The Economic Hardship Reporting Project

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Retirement should not mean hardship – but many older Americans live in poverty

Monday, June 3, 2019

Why did a Macomb Co. judge put strangers in charge of an elderly couple instead of family?


UTICA, Mich. (WXYZ) — The 7 Investigators get a lot of calls from families who’s loved ones have been placed under guardianship, and unfortunately, we can’t tell every single story. But this one caught our attention because of a fence that was built and because of the history of the judge involved.

This is the tale of two fences. One holds what family members say are two vulnerable adults inside their home. The other fence protects the huge home that belongs to the people now in charge of making all financial and medical decisions for Barbara Delbridge and Bob Mitchell.

“They don’t want us to see in, they don’t want them to see out. So it’s the perfect way to hide them back there,” said Gretchen Summer, Barb’s niece.

Barb and Bob’s family members say after Macomb County Probate Judge Kathryn George appointed Caring Hearts Michigan Inc. as their guardian.

Please note: Caring Hearts Homecare of Southfield is not affiliated in any way with Cathy Kirk’s Caring Hearts Michigan Inc.

The caregivers put up the six-foot-tall privacy fence, even though there was already a smaller fence in the yard. The caregivers say it’s for Barb and Bob’s safety, but relatives who live right next door say it prevents them from communicating with their loved ones.

“I just want my parents back. I want them to enjoy their retirement that they should have had, prior to this company taking over,” said Marcie Mitchell. Mitchell tried to become her dad and step-mom’s guardian last November because both were becoming mentally incapacitated.

“Is everyone in the family on board with Marcie being the guardian,” asked 7 Investigator Heather Catallo.

“Absolutely, we were all 100% behind her,” said Sommer.

Without guardianship, Marcie had no authority to stop her father from driving, or to access her parents accounts to pay for more full-time care.

Even though Michigan law gives Marcie priority to become a guardian to family members, Judge George told Marcie she had “grave concerns” about Bob and Barb. Instead, the judge handed their lives over to Caring Hearts Michigan Inc. and its owner, a woman named Cathy Kirk.

“How did the judge make you feel,” asked Catallo.

“Like a bad daughter. Like I wasn’t there for my parents enough as I should be,” said Mitchell through tears.

Marcie says Cathy Kirk promised she would stay involved in her parents care, but she’s no longer allowed to see them. Kirk hired another company that she owns, called Executive Care, to provide in-home caregivers 24 hours a day. Cathy is married to Robert Kirk, a Macomb County Public Administrator in the probate courts.

“They’re comfortable there. They’re healthy. They’re taken care of, we have detailed food logs for the food that they’re being served. So Executive Care has come in and tried to stabilize this situation,” said attorney Michael Taylor. Taylor works for Robert Kirk’s law firm, and he’s also the mayor of Sterling Heights.

Both Robert Kirk and his law partner have donated money to Judge George’s campaigns in the past.

Just like Marcie can’t talk to her parents behind this fence, we couldn’t catch up with Cathy Kirk because she too lives behind a fence: a massive privacy gate walling off the Kirk’s large home from public access.

And the Mitchell relatives aren’t the only ones who say Caring Hearts Michigan has separated them from their loved ones.

Members of the Franklin family say Judge George also appointed Caring Hearts when they tried to get guardianship of their 89-year-old mother, Piera. Mrs. Franklin is now back with her son, but only after her family members say they were also prevented from seeing their mom.

This isn’t the first time questions have been raised about Judge George and a guardianship company.

According to an order from the Michigan Supreme Court, back in 2008, they removed Judge George as chief judge of the probate court over concerns about her “questionable overuse” of a different guardianship company she was appointing to cases.

A probate court spokesman says even though Judge George knows the Kirks “informally through political and bar association events… there is no business relationship” with them.

The spokesman also says the judge isn’t allowed to respond to our questions about past campaign contributions but says it’s, “not unusual for attorneys to support judges for re-election” and the past support has “nothing to do with the recent selection of Caring Hearts as a public/professional guardian.”

The 7 Investigators asked Judge George several questions via the Macomb County Probate Court Administrator. The responses are below.
As for Barb and Bob’s family, they are heading back to court next month to try again to get guardianship.

“We don’t think she has any intention of granting that to Marcie at that time. So that’s why we have to go to you – we have to get the story out there. There are other families that are sitting ducks, this will happen to them too,” said Sommer.

After we started asking the court questions about this case, Caring Hearts Michigan has now offered visitation to the family.

Michael Taylor sent us this statement from Caring Hearts:

“Caring Hearts Michigan, Inc. was appointed as guardian and conservator in this case due, in part, to its relationship with Executive Care, a CHAP-Certified in-home care company. Caring Hearts does not accept guardianships or conservatorships on a large-scale basis. Prior to its appointment, Robert and Barbara were malnourished and living in dangerous and unsanitary conditions. Now, Robert and Barbara are safe and healthy living in their own home. Caring Hearts will continue to do everything in its power to provide for Robert and Barbara’s safety and wellbeing in the most cost-effective way possible without separating them or causing undue hardship. Their safety and wellbeing is our only concern.”

The family denies that Barb and Bob were unsafe and that the house was unsanitary.

Full Article & Source:
Why did a Macomb Co. judge put strangers in charge of an elderly couple instead of family?

See Also:
'I just want my parents back.' Woman says company imprisoned her parents in their own home

Michigan AG 'looking into' concerns about state's adult guardianship system

Woman accused of posing as attorney worked in public defender’s office

Kelcie Miller
EDWARDSVILLE, Ill. – The Madison County State’s Attorney’s Office charged a 26-year-old woman who allegedly lied about her legal credentials and got a job in the county public defender’s office.

According to prosecutors, members of the public defender’s office contacted the Madison County Sheriff’s Office to inform them that one of their employees was practicing law without the proper licenses.

Investigators determined the employee, identified as Kelcie Miller, had worked on approximately 80 criminal defense cases between October 2018 and May 2019.

Investigators said Miller used false documentation and other fictitious information that authorized her to practice law in the state.

Miller was charged with one count of theft over $10,000 of government property, one count of false impersonation of an attorney, and one count of forgery. She remains in custody at the Madison County Jail on a $100,000 bond.

There’s been no word on how these charges will affect the cases Miller had worked.

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Woman accused of posing as attorney worked in public defender’s office

Macedonia man sent to prison for bilking elderly investors out of $570,000

CLEVELAND, Ohio – A Macedonia man who defrauded senior citizen investors out of more than $570,000, in part to feed his gambling and prescription pill addictions, was sentenced Wednesday to 6 1/2 years in federal prison.

William Callam, 61, made false statements to three investors from Lake County and used their money not for his business, Blackstone Real Estate Group, but for himself and his family. The scheme was the latest for a man who has racked up multiple criminal convictions in recent years for defrauding investors.

Callam pleaded guilty in January to a wire fraud charge, as well as four counts of mail fraud, and agreed to serve a sentence of between 63 and 78 months in federal prison. U.S. District Judge James Gwin decided to sentence him on the high end of that range.

He also ordered Callam to pay more than $574,000 in restitution to the victims. In addition, the judge had the U.S. Marshals Service take Callam into custody following the sentencing.

Callam, through Blackstone, defrauded a married couple from Mentor and a person in Eastlake starting in 2013, doing so by telling investors that Blackstone was in the business of financing loans to buy and rehabilitate commercial property. Callam told investors that loans were secured by mortgages on the property.

Callam told them that investments in Blackstone were very liquid, that others had invested and guaranteed a steady 6 percent rate of return. All of those claims, as well as statements that investing in Blackstone was a safe venture, were false, charging documents say.

Investors liquidated their annuities, insurance policies and other retirement assets to invest in Callam’s company.

The charging documents state that Callam created false investment statements and mortgage notes and provided them to the couple in Mentor. That couple lost $381,571.47, while the Eastlake investor lost $192,575.

Assistant U.S. Attorney Megan Miller wrote in a sentencing memo that Callam abused the investors’ trust and stole money they saved for retirement.

“This was not a situation in which the victims were defrauded at random by an unknown perpetrator,” Miller wrote. “To the contrary, Callam intentionally targeted the victims because they were elderly and trusted him.”

She also wrote that he has a “significant and concerning” history of crimes similar to those in the current case. Callam was convicted of theft in 2007 for defrauding two victims out of more than $68,000 by falsely stating he was part of an organization to aid senior citizens and promising to invest their money in annuities.

He was also convicted that year for defrauding four others of $49,000 by using money given to him for annuity payments and using it for himself.

Callam was also convicted in 2015 for defrauding a victim of $55,000 by falsely holding himself out as an insurance agent who was certified to sell annuities with a guaranteed 3 percent rate of return, Miller wrote.

Matthew Williams, an attorney for Callam, wrote in a sentencing memo that some of the money Callam took was used to feed gambling and prescription painkiller addictions. It said Callam no longer abuses medications.

Dean Valore, another lawyer for Callam, said in a brief interview that he was surprised by Gwin’s decision to have his client taken into custody following the sentencing. While federal judges have discretion to do so and consider a number of factors when deciding whether a defendant should remain free or be in custody, defendants in white collar cases are frequently allowed to self-report to prison.

Valore said Callam was “successful” in following the conditions of his bond after he pleaded guilty.

Court records show Gwin held a bond violation hearing for Callam in April. Why Callam was accused of violating his bond was not immediately clear. However, the judge allowed the defendant to remain free that day and told the pretrial services officer to let him knew if Callam does not report for a drug test or if Callam tests positive for drugs, records say.

Full Article & Source:
Macedonia man sent to prison for bilking elderly investors out of $570,000

Sunday, June 2, 2019

San Antonio Lawyer Sanctioned for Fraudulent Conduct Involving Elderly Millionaire

“The sanctions order is designed and intended to silence the only people asking for a second medical opinion,” said San Antonio solo practitioner Philip Ross.

 

elderly hand
Photo: Ocskay Bence/Fotolia
A San Antonio attorney will appeal a $227,000 sanction in which a probate judge found the lawyer and his clients “participated in a fraud upon this court” by lying and filing groundless pleadings in bad faith during a guardianship proceeding involving an elderly, incapacitated millionaire. The judge then struck the clients’ pleadings with a so-called death-penalty sanction that killed their case.

The attorney, Philip Ross, allegedly participated in a scheme to have the millionaire’s long-time girlfriend marry the elderly man, and then have her new husband adopt her children, hide his assets from his guardians, lay claim to his property and divert his Social Security assets, among other things.

But Ross said that Charles Inness Thrash is not incapacitated and he argued that doctors misdiagnosed Thrash with dementia and Alzheimer’s disease. And now Ross is fighting to restore the millionaire’s legal capacity.

“The sanctions order is designed and intended to silence the only people asking for a second medical opinion,” said Ross.

However, Bexar County Probate Court No. 1 Judge Oscar Kazen described Ross and his clients’ behavior as an “ongoing pattern of fraudulent conduct.”

Kazen’s May 24 order granting a motion for sanctions explains that the guardianship involves Thrash, whom the court in January found totally incapacitated and unable to marry or enter contracts. The court had appointed two guardians to oversee Thrash and his estate.

Ross represented Laura Martinez, who is Thrash’s long-time girlfriend and companion, as well as her children, Brittany and Jose Martinez. Ross also claims he represents Thrash, but the judge has told him repeatedly that he can’t be Thrash’s attorney.

The judge found that Ross, Laura Martinez and Brittany Martinez are jointly and severally liable to pay $187,529 to the guardians, and Ross must pay $30,445 himself. The court also issued punitive sanctions: $5,000 to Ross, $2,500 to Laura Martinez and $1,500 to Brittany Martinez. They’ll have to pay more if they appeal, and lose.

The sanctions barred Laura Martinez from pursuing future claims or offering evidence that she was ever married to Thrash. The judge also struck all of their pleadings that asserted claims or defenses.

‘Fraudulent Conduct’


The order said that in March, Ross and Laura Martinez schemed to make Thrash marry Martinez. Ross was the best man at the wedding and he signed the marriage certificate.

On March 5, Ross filed a petition for adoption that falsely claimed Ross was Thrash’s attorney, and falsely claimed that no court-ordered relationships impacted the parties, when the truth was that Thrash was under a court-ordered guardianship, according to court documents. Without permission from Thrash’s guardians, Thrash adopted Brittany and Jose Martinez.

Separately, Laura Martinez and her children have sued the probate judge.

Later, in the guardianship case, Ross filed a second motion to recuse the judge from Thrash’s case. During a hearing on the motion on sanctions, Martinez testified that suing the judge separately was part of a plan by Ross to create grounds for recusal in the guardianship case.

In February, Ross wrote two letters and then made Thrash copy the words in his own handwriting to file in the court case, the order said. Ross wanted it to look like Thrash wrote the letters, and didn’t tell the court those were Ross’ words, the order said.

Ross and the Martinez family have failed to comply with court orders by interfering with the guardians’ duties, and concealing some of Thrash’s assets, the judge found.

They wanted to gain control of Thrash’s property, and they appeared before a justice of the peace to assert rights under an alleged lease, according to the ruling. Opposing counsel confronted Ross, who admitted the lease document was “reconstructed from memory,” the order said.

The judge ruled, “Respondents designed and carried out a vexatious litigation campaign involving litigation against Thrash and his property, the guardians and the court.”

Read the sanctions order

Full Article & Source:
San Antonio Lawyer Sanctioned for Fraudulent Conduct Involving Elderly Millionaire

Michigan AG 'looking into' concerns about state's adult guardianship system

After a contentious Macomb County case raised concerns about the state's adult guardianship system, the Michigan Attorney General's Office says it is "looking into" the matter, and two Michigan chief judges say they'll be working with the attorney general's Elder Abuse Task Force. 

In a joint statement, Michigan Supreme Court Chief Justice Bridget M. McCormack and Macomb Circuit and Probate Courts Chief Judge James M. Biernat Jr. said that after a guardianship ruling made by Macomb Probate Judge Kathryn George was called into question, the Michigan Supreme Court will be working with Attorney General Dana Nessel.

"Vulnerable Michigan residents and their families must have confidence that probate courts are following the law and taking appropriate steps to protect their rights," the statement said. 

The development comes a day after Marcie Mitchell told Channel 7 (WXYZ-TV) that when she petitioned for guardianship over her father, Bob Mitchell, and stepmother, Barbara Delbridge, George instead gave the role to the company Caring Hearts Michigan, Inc.  

Caring Hearts Michigan then placed caregivers in the home 24/7 via another company, called Executive Care, the station reported. However, following George's decision, the station reported that Marcie Mitchell and other family members have been kept away from her father and stepmother.

Amid the ongoing dispute, Caring Hearts Michigan told the station in a statement that prior to its appointment, the senior citizens had been living in "dangerous and unsanitary conditions" and are now safe and healthy in their own home, according to Channel 7. 

Dan Olsen, a spokesman for Nessel confirmed Friday that the AG's office is "looking into the case."
McCormack and Biernat Jr. also directly addressed guardianship dispute issues in their joint statement shared Friday. 

Full Article & Source:
Michigan AG 'looking into' concerns about state's adult guardianship system

Saturday, June 1, 2019

Chatham County prosecutors charge former Probate Court Clerk Kim Birge in theft scheme

By Jan Skutch

Former Chatham County Probate Court Clerk Kim Birge on Wednesday was indicted on 39 counts including racketeering, theft by taking and violation of her oath as a public officer for alleged thefts from accounts in her office over a two-year-period.

The indictment returned by the Chatham County grand jury identified 18 individual who were alleged victims between Jan. 1, 2009, and June 30, 2011, and it is the first time Birge has been charged in a state court proceeding.

Birge, 64, is currently serving a six-year federal sentence imposed in 2015 for her guilty plea to stealing $223,000 from the Probate Court.

The new charges, obtained on evidence presented by Chatham County Assistant District Attorney Scott Robichaux, charged Birge with racketeering activity by obtaining interest in and control of real estate and personal property by improperly managing Probate Court funds and accounts by forging or altering documents related to disbursements and expenditures for her personal use.

It said her scheme grew from early racketeering involving stealing from existing accounts to “become more sophisticated and created dummy accounts into which she would initially deposit and then tqke the monies from these dummy accounts.”

The indictment charged the Birge “pleaded guilty in federal court to charges related to the dummy accounts,” but “has not faced any criminal charges related to the earlier activity of theft and fraud on individual existing accounts, disbursement, and expenditures.”

It then named Birge in separate theft by taking counts for each victim with sums of with a greater or less than value of $500, but did not give a total sum taken.

The indictment theft charged Birge with violating her oath by a public officer with the Probate Court in that she did swear to “well and faithfully discharge the duties of the Chief Clerk of Probate Court (of Chatham County) ... and I will receive only legal fees.”

The indictment stated the alleged illegal activity was unknown to the state until on or about Jan. 4 2017, and is thus excluded from the statute of limitations.

Then-Probate Judge Harris Lewis fired Birge on Dec. 2, 2014, in what was described as “in the best interests” of the court. He had placed Birge on investigative suspension without pay Nov. 20, 2014, during a probe of “discrepancies with the services that you are responsible for handling,” Lewis said in a termination letter.

Wednesday’s action was the latest against Birge.

As recently as two weeks ago in Chatham County State Court, Birge agreed to provide half of her contested county retirement to 11 plaintiffs to settle a civil case.

At issue in the civil case were mental pain and suffering after the 11 victims learns the money was gone from Probate Court, punitive damages and attorneys’ fee in what plaintiff attorney Brent Savage contended was more than $409,000 that Birge took from his clients over at least a four-year period.

And Chatham County Director of Internal Audits Jeannie Alday testified that her expanded review of Probate Court ledgers and related records uncovered about 80 victims, not the 42 earlier identified, between 2009 and 2014.

Total thefts from the court totaled “right at $1 million” plus $190,000 involving another estate, she said.

In October 2015, Birge was sentenced in federal court to six years in prison and ordered to make restitution of more than $751,000 for her admissions to stealing $232,000 from Chatham County Probate Court.

U.S. District Judge William T. Moore Jr. also ordered Birge, then 61, to serve three years supervised release after completion of her custody term but imposed no fine citing her inability to pay.

She remains incarcerated in a West Virginia prison, but is expected to be released next year.

At her sentencing hearing, Assistant U.S. Attorney Scarlett Nokes told Moore that despite Birge’s battles with both drugs since 2008 and gambling excesses since 2003, she did not seek help until her crimes were discovered.

The case was in court because Birge victimized people who were trusting her to do her job, Nokes said.

Under the terms of her negotiated plea with the government, Birge pleaded guilty to count three of a five-count indictment, charging her with mail fraud and federal program fraud in the scheme the government said lasted between January 2011 and November 2011.

But under federal sentencing guidelines, probation officers can consider all alleged misconduct — including dismissed counts — in reaching their recommendations to the judge.

During Birge’s appearance in court, the judge said he found it a mystery that the 342 checks she had written to cash, 322 were checks for less than $3,000 and only 20 in excess of that number.

When Moore suggested that her conduct suggested she had a reason for the check sums, Birge responded, “I didn’t try to hide anything from anyone. ... Much of the time I didn’t know what I was doing.

“I can’t explain why I did what I did, and I’m sorry and I just pray for mercy.”

Full Article & Source:
Chatham County prosecutors charge former Probate Court Clerk Kim Birge in theft scheme

See Also:
Attorney tells jury Kim Birge stole more than $1 million from Savannah victims

Former clerk Kim Birge sentenced to six years in federal custody, ordered to make restitution

UPDATE: Ex-Probate clerk Kim Birge to plead guilty in theft case on Friday

Kim Birge pleads not guilty to Probate Court fraud charges 

Former Probate Court clerk Kim Birge indicted in theft of more than $700,000 from the court

Man sentenced to prison after swindling elderly couples out of millions

FLINT, Mich. -- A Grand Blanc man was sentenced to serve up to a maximum of 20 years in prison after pleading guilty to two counts of embezzlement over $100,000.

Jason Bescoe, 48, was sentenced Wednesday.

Genesee County Prosecutor David Leyton said Bescoe swindled at least 10 clients of more than $4 million in a fraudulent financial investment scheme.

The Genesee County Sheriff’s Office received a complaint about Bescoe in 2017. There were allegations that he was embezzling money from clients who had trusted him to handle their financial investments.

“Embezzlement cases can be complex with thousands of documents and records to sort through, analyze, and piece together,” said Leyton. “I am pleased that with a lot of hard work by my staff and investigators from the Genesee County Sheriff Office’s Elder Abuse Task Force we were able to convict Jason Bescoe and hold him accountable for his actions while at the same time securing restitution for victims who had stood to lose a lot of their hard earned money."

Full Article & Source:
Man sentenced to prison after swindling elderly couples out of millions