Macomb judge has ‘kind of harsh' words for woman accused of pilfering
A judge gave a “kind of harsh” opinion about a woman accused of pilfering hundreds of thousands of dollars and five properties from her late husband while keeping intact four of five against civil charges her.
Judge Carl Marlinga made comments while ruling on Wednesday and Thursday in a Macomb County Probate trial to uphold allegations of fraud, undue influence, unjust enrichment and conversion against Mariya Wintoniw, 74, the wife of the late Iwan Hlywa of Warren. Marlinga dismissed a claim of breach of contract related to the couple’s prenuptial agreement.
“She clearly acted for her benefit contrary to the health and happiness of Iwan Hlywa by taking all this money and shipping it to the Ukraine, beyond the range of (the money) to assist him in his old age,” Marlinga said. “If that sounds kind of harsh, it was meant to be.”
Hlywa’s sons, Steve and Nick, claim that Wintoniw transferred $281,000 of her husband’s money to her children in her native Ukraine over several years, moved $96,000 from his credit union account to her account in the weeks before his death, and took other money. She also is accused of confiscating five of his six properties -- including the homestead on Republic Street -- through quit-claim deeds.
Trial testimony was scheduled to conclude Friday, with closing arguments slated for Monday in the Mount Clemens courtroom.
In keeping intact most of the civil charges, Marlinga expanded on his opinion of the case.
“Iwan Hlywa, until his dying day, had rights to that money,” he said. “Iwan Hlywa had every right to let her have it, but if it was because of undue influence or fraud on her part, there is justification for unjust enrichment” claims.
But, speaking outside the presence of the jury, he conceded the panel may disagree with him.
“The facts are up in the air,” he said.
Wintoniw’s attorney, Walter Czechowski, contends that Hlwya approved of his wife moving money to her account and to Ukraine from a joint account.
“It’s a joint account they have,” Czechowski said during argument. “Both have complete access to the money. What they do with the money, whether it’s outrageous, is not for us to decide. … Miss Wintoniw could have taken that money and gone to the casino.”
The couple married in 2006 after a several-years relationship. Both of their first spouses died.
Hlywa suffered a heart attack in 2007, after which Wintoniw increased her transfers of money into her account and to her children in Ukraine. Money was moved after they formed a joint account in October 2008.
He died in September 2011 at 83.
About three months before her husband’s death, Wintoniw’s attorney, who also served as her immigration attorney, created a new will in which Wintoniw and each of the two sons would split $270,000 three ways, and she would get two of five properties.
The plaintiffs trhough their attorneys Patrick McQueeney and Nina Korkis say the will showed a substantial drop in his assets of $1.5 million before their marriage.
Hlywa’s granddaughter, Julie (Steve Hlywa’s daughter), testified Tuesday about her reaction to learning in September 2011 before her grandfather’s death that Wintoniw moved $96,000 from their joint account at Ukrainian Future Credit Union into her sole account days before. Iwan Hlywa at the time was virtually nonresponsive in a hospital, she said.
“Here’s my grandfather in the hospital, and that money is taken while he’s dying in the hospital,” she said, her voice cracking. “I wanted to throw up.”
Sandra Bede, a neighbor of Iwan Hlywa for many years, testified Wednesday she liked Wintoniw for several years.
“She was one of the nicest people I’ve ever met,” she said. “She was a giving person.”
She said Hlywa loved and was happy with Wintoniw. He also was dependent on her, she said.
But she said her opinion altered somewhat after learning of the money dispute.
“I just began to think she wasn’t the person I thought she was,” he said.
She said Wintoniw become “a little more dominant” over her husband after their marriage.
Clinton Township-based Dr. Eugeniya Khanukov, who treated Hlywa the last year of his life, testified Thursday via a video from a February appearance that when she determined he had six months to live in April 2011, he was mentally alert. But she also said that Hlywa’s alertness varied day to day.
His mental state and level of potential vulnerability are at issue, related to the undue influence claim.
Judge Carl Marlinga made comments while ruling on Wednesday and Thursday in a Macomb County Probate trial to uphold allegations of fraud, undue influence, unjust enrichment and conversion against Mariya Wintoniw, 74, the wife of the late Iwan Hlywa of Warren. Marlinga dismissed a claim of breach of contract related to the couple’s prenuptial agreement.
“She clearly acted for her benefit contrary to the health and happiness of Iwan Hlywa by taking all this money and shipping it to the Ukraine, beyond the range of (the money) to assist him in his old age,” Marlinga said. “If that sounds kind of harsh, it was meant to be.”
Hlywa’s sons, Steve and Nick, claim that Wintoniw transferred $281,000 of her husband’s money to her children in her native Ukraine over several years, moved $96,000 from his credit union account to her account in the weeks before his death, and took other money. She also is accused of confiscating five of his six properties -- including the homestead on Republic Street -- through quit-claim deeds.
Trial testimony was scheduled to conclude Friday, with closing arguments slated for Monday in the Mount Clemens courtroom.
In keeping intact most of the civil charges, Marlinga expanded on his opinion of the case.
“Iwan Hlywa, until his dying day, had rights to that money,” he said. “Iwan Hlywa had every right to let her have it, but if it was because of undue influence or fraud on her part, there is justification for unjust enrichment” claims.
But, speaking outside the presence of the jury, he conceded the panel may disagree with him.
“The facts are up in the air,” he said.
Wintoniw’s attorney, Walter Czechowski, contends that Hlwya approved of his wife moving money to her account and to Ukraine from a joint account.
“It’s a joint account they have,” Czechowski said during argument. “Both have complete access to the money. What they do with the money, whether it’s outrageous, is not for us to decide. … Miss Wintoniw could have taken that money and gone to the casino.”
The couple married in 2006 after a several-years relationship. Both of their first spouses died.
Hlywa suffered a heart attack in 2007, after which Wintoniw increased her transfers of money into her account and to her children in Ukraine. Money was moved after they formed a joint account in October 2008.
He died in September 2011 at 83.
About three months before her husband’s death, Wintoniw’s attorney, who also served as her immigration attorney, created a new will in which Wintoniw and each of the two sons would split $270,000 three ways, and she would get two of five properties.
The plaintiffs trhough their attorneys Patrick McQueeney and Nina Korkis say the will showed a substantial drop in his assets of $1.5 million before their marriage.
Hlywa’s granddaughter, Julie (Steve Hlywa’s daughter), testified Tuesday about her reaction to learning in September 2011 before her grandfather’s death that Wintoniw moved $96,000 from their joint account at Ukrainian Future Credit Union into her sole account days before. Iwan Hlywa at the time was virtually nonresponsive in a hospital, she said.
“Here’s my grandfather in the hospital, and that money is taken while he’s dying in the hospital,” she said, her voice cracking. “I wanted to throw up.”
Sandra Bede, a neighbor of Iwan Hlywa for many years, testified Wednesday she liked Wintoniw for several years.
“She was one of the nicest people I’ve ever met,” she said. “She was a giving person.”
She said Hlywa loved and was happy with Wintoniw. He also was dependent on her, she said.
But she said her opinion altered somewhat after learning of the money dispute.
“I just began to think she wasn’t the person I thought she was,” he said.
She said Wintoniw become “a little more dominant” over her husband after their marriage.
Clinton Township-based Dr. Eugeniya Khanukov, who treated Hlywa the last year of his life, testified Thursday via a video from a February appearance that when she determined he had six months to live in April 2011, he was mentally alert. But she also said that Hlywa’s alertness varied day to day.
His mental state and level of potential vulnerability are at issue, related to the undue influence claim.
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