Editor's note: Why can't we put some of our Chicago Probate crooks in jail? Lucius Verenus, Schoolmaster, ProbateSharks.com
Nashville lawyer admits to stealing $1.3 million, gets 18 years in prison
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John E. Clemmons
THE VICTIMS
» William Link, $771,009 missing. Link died in 2003; missing money was for a trust for his disabled daughter.» Nannie Malone, $370,312 missing. Malone died a year ago, and her family is suing Clemmons for nearly $400,000.
» Donald Griggs, $172,506 missing. Griggs, the only surviving victim, was too ill to attend Friday’s session, according to prosecutors.
» Total: $1.3 million
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The Nashville attorney who has admitted to stealing $1.3 million from three of his wards apparently spent much of that money on gambling sprees at casinos in five different states.
Assistant District Attorney General James W. Milam told Judge Steve Dozier on Friday that John E. Clemmons favored slot machines and made multiple trips to casinos at the same time he was entrusted by the courts with overseeing the finances of three persons whom the courts had found were unable to care for themselves.
In a plea deal unveiled before Dozier, Clemmons was given a combined sentence of 18 years on three counts of theft, TennCare fraud and perjury. Without the plea deal, the 66-year-old attorney could have faced a 30-year sentence on the theft charges alone.
The victims include the now-deceased father of a severely disabled woman. In that case, the missing money was supposed to go into a special account to care for her.
Clemmons’ case moved through the courts in the aftermath of stories in the Tennessean about abuses in the handling of conservatorships in the state. The law governing conservatorships was amended earlier this year after the Tennessee Bar Assocation held a series of hearings across the state, including in Nashville, in which citizens complained about abusive practices.
With the 18-year sentence, Clemmons could be eligible for parole after serving about six years.
Clemmons was dressed in an orange prison jumpsuit and spoke in a barely audible voice. He already had pleaded guilty to stealing more than $60,000 from a fourth ward in Rutherford County, and could face more charges as an investigation into dozens of other cases continues. His license to practice law was suspended indefinitely last spring when details of the Rutherford case began to emerge.
Milam told Dozier that Clemmons “is cooperating” in the ongoing probe. Milam declined to discuss the details of the investigation.
Under the agreement, the victims, whose losses range from $172,506 to $771,009, will first collect restitution from bonds posted by Clemmons in the three cases and then from the Tennessee Lawyers Fund for Client Protection, which is backed by fees imposed on licensed lawyers. Recoveries from that fund are capped at $250,000 for all cases against any single attorney.
Amounts due after that would be Clemmons’ responsibility, Milam said.
Court records show the bonds issued in the three cases total thousands of dollars less than the reported thefts.
Related court filings this week by Paul Gontarek, the attorney appointed to take over three of Clemmons’ cases, show the missing money may exceed the amounts listed in the plea agreements. The filings cite unexplained transfers from an estate account to a conservatorship account and discrepancies between the amount properties were sold for and the amount deposited into the conservatorship account.
Milam said Clemmons filed false reports with the Davidson County Probate Court on how he was spending clients’ money. He also filed a false application for TennCare coverage for one of his clients.
Flanked by attorneys Paul Housch and Bob Lynch, Clemmons told Dozier the plea deal had been explained to him and that he had agreed to it.
Clemmons turned himself in last week in anticipation of the plea deal. He will remain in custody and be turned over to the state Department of Correction to serve his sentence.
Ronnie Dismang, whose severely disabled cousin was one of the victims, wrote that she has been trying for months to learn how Clemmons was able to steal so much without detection by the courts or attorneys assigned to monitor the conservatorships.
Dismang wrote that whenever she asked how Clemmons could have gotten away with the thefts, “I would get legal runaround.”
“John E. Clemmons does not deserve a plea deal for committing fraud against his conservator victims,” she wrote. “He should be required and ordered by the court to make full restitution to the victims’ families.”
Clemmons is also facing civil suits, including one filed by the estate of Nannie Malone. Her family’s complaint charges that she had some $370,000 taken from her by Clemmons without court authorization.
Michael Hoskins, the Malone family lawyer, said Clemmons’ admission in the criminal case will be a major step toward getting a civil judgment against Clemmons.
Assistant District Attorney General James W. Milam told Judge Steve Dozier on Friday that John E. Clemmons favored slot machines and made multiple trips to casinos at the same time he was entrusted by the courts with overseeing the finances of three persons whom the courts had found were unable to care for themselves.
In a plea deal unveiled before Dozier, Clemmons was given a combined sentence of 18 years on three counts of theft, TennCare fraud and perjury. Without the plea deal, the 66-year-old attorney could have faced a 30-year sentence on the theft charges alone.
The victims include the now-deceased father of a severely disabled woman. In that case, the missing money was supposed to go into a special account to care for her.
Clemmons’ case moved through the courts in the aftermath of stories in the Tennessean about abuses in the handling of conservatorships in the state. The law governing conservatorships was amended earlier this year after the Tennessee Bar Assocation held a series of hearings across the state, including in Nashville, in which citizens complained about abusive practices.
With the 18-year sentence, Clemmons could be eligible for parole after serving about six years.
Clemmons was dressed in an orange prison jumpsuit and spoke in a barely audible voice. He already had pleaded guilty to stealing more than $60,000 from a fourth ward in Rutherford County, and could face more charges as an investigation into dozens of other cases continues. His license to practice law was suspended indefinitely last spring when details of the Rutherford case began to emerge.
3 different judges
In all four cases, Clemmons had been appointed as a conservator for wards the courts had concluded were unable to look after their own affairs. He was appointed by three different judges.Milam told Dozier that Clemmons “is cooperating” in the ongoing probe. Milam declined to discuss the details of the investigation.
Under the agreement, the victims, whose losses range from $172,506 to $771,009, will first collect restitution from bonds posted by Clemmons in the three cases and then from the Tennessee Lawyers Fund for Client Protection, which is backed by fees imposed on licensed lawyers. Recoveries from that fund are capped at $250,000 for all cases against any single attorney.
Amounts due after that would be Clemmons’ responsibility, Milam said.
Court records show the bonds issued in the three cases total thousands of dollars less than the reported thefts.
Related court filings this week by Paul Gontarek, the attorney appointed to take over three of Clemmons’ cases, show the missing money may exceed the amounts listed in the plea agreements. The filings cite unexplained transfers from an estate account to a conservatorship account and discrepancies between the amount properties were sold for and the amount deposited into the conservatorship account.
Milam said Clemmons filed false reports with the Davidson County Probate Court on how he was spending clients’ money. He also filed a false application for TennCare coverage for one of his clients.
Flanked by attorneys Paul Housch and Bob Lynch, Clemmons told Dozier the plea deal had been explained to him and that he had agreed to it.
Clemmons turned himself in last week in anticipation of the plea deal. He will remain in custody and be turned over to the state Department of Correction to serve his sentence.
Seek full restitution
Action on the case came as two of the victims registered last-minute pleadings to Dozier urging him to reject the plea deal and order Clemmons to make full restitution.Ronnie Dismang, whose severely disabled cousin was one of the victims, wrote that she has been trying for months to learn how Clemmons was able to steal so much without detection by the courts or attorneys assigned to monitor the conservatorships.
Dismang wrote that whenever she asked how Clemmons could have gotten away with the thefts, “I would get legal runaround.”
“John E. Clemmons does not deserve a plea deal for committing fraud against his conservator victims,” she wrote. “He should be required and ordered by the court to make full restitution to the victims’ families.”
Clemmons is also facing civil suits, including one filed by the estate of Nannie Malone. Her family’s complaint charges that she had some $370,000 taken from her by Clemmons without court authorization.
Michael Hoskins, the Malone family lawyer, said Clemmons’ admission in the criminal case will be a major step toward getting a civil judgment against Clemmons.
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