Brockton woman sentenced in estate dispute

Brockton woman sentenced in estate dispute

By Brian R. Ballou
Globe Staff January 26, 2012

 In a case that ripped a family apart, a Brockton woman was sentenced yesterday after she concealed more than $300,000 from her two brothers and sister, money that was awarded to the family in a medical malpractice settlement stemming from their mother’s death.

“She lied over and over and over,’’ said Frederick Leathers, 42, several minutes after leaving the courtroom. “I just wanted her to be truthful and do what she was supposed to do, but when she didn’t, we had no choice but to take it to court.’’

Dell Leathers-Buford, 42, and her husband, Kevin E. Buford, 50, were both sentenced to 18 months in jail. Suffolk Superior Court Judge Patrick Brady ordered the husband to serve six months and suspended the remainder of his sentence.

“They [siblings] were the victims of very serious embezzlement for no other reason that I can see than greed, and they found it in their hearts to forgive,’’ Brady said.

When Brady announced the sentences yesterday, the couple held hands and then embraced as tears streamed down their faces.

Shirley Leathers died of cancer in 2006, after she was misdiagnosed, according to family members, by a doctor working at a Dorchester health clinic. The family was awarded approximately $1 million in a wrongful death settlement, but after legal and other fees, the amount was about $553,579.84.

Leathers-Buford, the oldest child of Shirley Leathers, was appointed administrator of her mother’s estate with the understanding that she and her siblings would get an equal share of the settlement money, which was the primary asset of the estate. But instead of issuing three checks of about $138,000 to her siblings, she gave them $60,000 each in December 2008. She also issued a $60,000 check to her father.

Leathers-Buford lied under oath in probate court that her daughter had set up a $200,000 trust fund for her granddaughter, but Leathers-Buford had actually set up several accounts in her name and that of her husband at a wealth management company, prosecutors said. Leathers-Buford also filed a false account with the court, stating that she paid $50,000 for her mother’s funeral expenses, but the actual cost was about $12,000, paid by other family members. Leathers-Buford moved the money from bank to bank in an effort to conceal it, prosecutors said.

Frederick Leathers said he confronted his sister in 2008 because he believed she had shortchanged him and the other siblings. Leathers said he asked her for a copy of the settlement, but “she kept brushing me off.’’

A probate judge removed Leathers-Buford as administrator and appointed a special administrator who forwarded details of the case to Suffolk District Attorney Daniel F. Conley’s office. The district attorney then launched a criminal probe.

Leathers-Buford and her husband will have to pay restitution. That amount was estimated yesterday to be about $64,000 for each sibling, but will probably be adjusted during an upcoming hearing.

Leonard Milligan, Leathers-Buford’s attorney, had argued against jail time, saying that his client’s actions were an aberration and that she has cared for others her entire life. The Bufords have five children and four grandchildren who live with them in Brockton.

“If Dell goes away, the home that all these people live in will be gone.’’ Milligan said his client will lose her job in the financial industry, as well.

Eric Tenney, Kevin E. Buford’s lawyer, said his client, a Navy veteran, will probably also lose his job as a customer service representative with the MBTA, a position he has held for five years.

Leathers-Buford was convicted of perjury and making a false written statement, which resulted in the jail term. She was also convicted of two counts of larceny and two counts of embezzlement. She faces supervised probation for five years upon release from jail.

Kevin E. Buford was convicted of receiving stolen goods. He converted more than $50,000 of the settlement into cash.

Shirley Leathers and Frederick McDuffie never married, but he was the father of all four children. He died last weekend, of cancer, adding more grief to a family that, said Frederick and Daryl Leathers, has not yet grieved for their mother because of the court case.

The brothers indicated in their victim impact statements yesterday that they did not want their sister imprisoned.

“She’s not a hard-core criminal at all,’’ Daryl Leathers said. “She didn’t give us what she was supposed to, but she did give us some money. Since the court proceedings, we actually started talking again.’’

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http://bostonglobe.com/metro/2012/01/26/brockton-woman-sentenced-after-cheating-her-siblings-out-thousands-settlement-mother-death/MIZAr2uQcuC6Er74WBNX8M/story.html