Editor's note: This Shark has witnessed a blatant criminal financial enterprise flourishing in the Probate Court of Cook County. Many of the crooked "entrepreneurs" are listed in this blogs and other blogs "wanted" sections...and yet nothing is done to punish these criminals. Why? Lucius Verenus, Schoolmaster, ProbateSharks.com
Kim Birge pleads not guilty to Probate Court fraud charges
Posted: June 2, 2015 - 9:39am | Updated: June 3, 2015 - 12:45am
Steve Bisson/Savannah Morning News - Kim Birge, indicted former probate court clerk/administrator.
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Former longtime Chatham County Probate Court Chief Clerk Kim Birge on Tuesday pleaded not guilty in federal court to stealing or embezzling more than $700,000 from the court over a three-year period.
“How does she plead to the charges in the indictment?” U.S. Magistrate Judge G.R. Smith asked Birge’s lawyer, Tom Withers, during her initial appearance.
“Not guilty,” Withers replied.
Smith allowed Birge, 61, to remain free on a $40,000 unsecured bond pending trial. That means she’s required to put up no money as part of the bond. Birge, who started with the court on July 19, 1982, had long been a stalwart in Probate Court, dating back to the administration of former Judge Robert Cook.
Assistant U.S. Attorney Scarlett Nokes told Smith the government did not object to a probation recommendation that Birge be released pending trial.
The judge noted “a confession to a gambling addiction problem” in Birge’s probation workup and later directed her to refrain from any gambling activity as a condition of her pre-trial release.
He also prohibited her from any alcohol use during the pre-trial period and ordered mental health and substance abuse evaluations.
Smith also told Birge to have no contact with any potential witnesses or victims in the case.
Birge was named May 18 in a five-count indictment including four counts of mail fraud by using the mail to defraud Chatham County out of $700,000 between January 2011 and November 2014 and then using the cash for her own benefit.
A fifth count charged federal program fraud. It alleged she stole about $767,218 between Jan. 1, 2014, and Dec. 31, 2014, from Chatham County involving a federal grant.
The count included the same funds and time frame as the mail fraud counts.
Included in the indictment is a forfeiture allegation in which the government says, if she’s convicted, it will try to recover “any property, real or personal” derived from the offense. That would include but not be limited to at least $767,218.
The indictment charged that Birge in her capacity as chief clerk of Probate Court was authorized to conduct transactions in at least two court bank accounts, but “was not authorized to conduct transactions in the Probate Court bank accounts for the benefit of herself or her family.”
It charges she would sign court orders to direct insurance companies, private businesses, public employers, banks and other entities to send funds to the court “for the benefit of minors and other individuals who had conservatorships” established in Chatham County.
A conservatorship establishes someone to watch out for money or property for minors or incompetents in the court.
Birge would then deposit fees paid to the court into one of two bank accounts maintained by the court and make representations that the money would be used for court matters, the indictment charged.
She would then forge the signatures of conservators and/or their attorneys to create false documents to disburse the money, would use the cash from negotiated checks for her personal use and would fail to disclose her activities to others in the court, the indictment charged.
Probate Judge Harris Lewis fired Birge on Dec. 2 in what was described as “in the best interests” of the court.
He had placed Birge on investigative suspension without pay Nov. 20 during a probe of “discrepancies with the services that you are responsible for handling,” Lewis said in a Nov. 20 letter.
As part of Lewis’ initial action, Birge has been barred from entering the Montgomery Street courthouse or discussing any matters related to the investigation “with anyone other than investigatory staff, unless otherwise directed to do so.”
Birge has not returned to the courthouse since she left Nov. 20.
The action came in wake of a reported federal/Savannah-Chatham police probe of undisclosed activity.
“How does she plead to the charges in the indictment?” U.S. Magistrate Judge G.R. Smith asked Birge’s lawyer, Tom Withers, during her initial appearance.
“Not guilty,” Withers replied.
Smith allowed Birge, 61, to remain free on a $40,000 unsecured bond pending trial. That means she’s required to put up no money as part of the bond. Birge, who started with the court on July 19, 1982, had long been a stalwart in Probate Court, dating back to the administration of former Judge Robert Cook.
Assistant U.S. Attorney Scarlett Nokes told Smith the government did not object to a probation recommendation that Birge be released pending trial.
The judge noted “a confession to a gambling addiction problem” in Birge’s probation workup and later directed her to refrain from any gambling activity as a condition of her pre-trial release.
He also prohibited her from any alcohol use during the pre-trial period and ordered mental health and substance abuse evaluations.
Smith also told Birge to have no contact with any potential witnesses or victims in the case.
Birge was named May 18 in a five-count indictment including four counts of mail fraud by using the mail to defraud Chatham County out of $700,000 between January 2011 and November 2014 and then using the cash for her own benefit.
A fifth count charged federal program fraud. It alleged she stole about $767,218 between Jan. 1, 2014, and Dec. 31, 2014, from Chatham County involving a federal grant.
The count included the same funds and time frame as the mail fraud counts.
Included in the indictment is a forfeiture allegation in which the government says, if she’s convicted, it will try to recover “any property, real or personal” derived from the offense. That would include but not be limited to at least $767,218.
The indictment charged that Birge in her capacity as chief clerk of Probate Court was authorized to conduct transactions in at least two court bank accounts, but “was not authorized to conduct transactions in the Probate Court bank accounts for the benefit of herself or her family.”
It charges she would sign court orders to direct insurance companies, private businesses, public employers, banks and other entities to send funds to the court “for the benefit of minors and other individuals who had conservatorships” established in Chatham County.
A conservatorship establishes someone to watch out for money or property for minors or incompetents in the court.
Birge would then deposit fees paid to the court into one of two bank accounts maintained by the court and make representations that the money would be used for court matters, the indictment charged.
She would then forge the signatures of conservators and/or their attorneys to create false documents to disburse the money, would use the cash from negotiated checks for her personal use and would fail to disclose her activities to others in the court, the indictment charged.
Probate Judge Harris Lewis fired Birge on Dec. 2 in what was described as “in the best interests” of the court.
He had placed Birge on investigative suspension without pay Nov. 20 during a probe of “discrepancies with the services that you are responsible for handling,” Lewis said in a Nov. 20 letter.
As part of Lewis’ initial action, Birge has been barred from entering the Montgomery Street courthouse or discussing any matters related to the investigation “with anyone other than investigatory staff, unless otherwise directed to do so.”
Birge has not returned to the courthouse since she left Nov. 20.
The action came in wake of a reported federal/Savannah-Chatham police probe of undisclosed activity.
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4037
Points
redneck 06/02/15 - 12:10 pm
It's funny how Message Birge
It's funny how Mrs. Birge had been willing to accept the allegations against herself as long as the reprocussions were limited to her losing her job and personal embarrassment. When charges are all of a sudden levied, now she's not guilty. Well Mrs. Birge your gravy train has come to a screeching halt. I hope you spend a very long time in prison for what you've done to the family members who lost relatives at the sugar refinery.
6944
Points
MiklosDora 06/02/15 - 12:13 pm
She will go to prison
That is a done deal. She is just delaying the inevitable. Her lawyer will make a bunch of money.
12475
Points
Thinkitover 06/02/15 - 10:41 pm
Nice deal............................................
"Free on a $40,000 unsecured bond pending trial. That means she’s required to put up no money as part of the bond." Nice deal! Why is it that the white collar thief is treated so much better then the blue collar one and most times for stealing far less money?
3514
Points
BenThere 06/02/15 - 12:37 pm
@thinkitover
She will be wearing green when she gets to Federal Prison , the color of her collar white or blue will make no difference to anyone !!!
3514
Points
BenThere 06/02/15 - 12:48 pm
Judge
The judge has already set the stage for the prison to knock a year off any sentence the court imposes , all she has to do is go through the drug program in prison , she will automatically get it because the judge made it part of her case with the drug and alcohol requirements !
12039
Points
1a12 06/02/15 - 08:09 pm
I agree with
MiklosDora. Prison is a done deal. The feds don't prosecute anyone without a rock solid, air tight case. The only question is...how long?
5738
Points
S-Town 06/02/15 - 09:34 pm
there will be a plea bargain
Prison time will be based on how much money she can return to the taxpayer s.
3514
Points
BenThere 06/03/15 - 05:27 am
@S-town
The only time the Feds need a plea bargain is when they don't have enough evidence to prosecute , returning money to the feds makes no difference in her sentence , this one is a done deal . Plea Bargain : "do you want us to shoot you in the foot , or blow your brains out "
5738
Points
S-Town 06/03/15 - 09:29 am
Ben there
I understand what you're saying and if the money were stolen from a company I would agree, but the taxpayers are on the hook for this money and Mrs. Birge and her attorneys can make it difficult for the Feds to get it back in a timely way. I think they will cut a deal that still includes prison if she turns over the money willingly. If the money is gone she is going away for a long time.
257
Points
Coriander 06/03/15 - 09:37 am
They need to go after Kim's assets
She has a nice fancy blue Corvette! Got rid of her flashy red one for a blue one. Plus she has other cars to boot. Go after her house with a river view in front. Go after everything she owns to make things right for the children who lost relatives at the sugar refinery. Take, Take, Take everything to make things right. Plus make her life in prison tuff. This is not a nice person we are dealing with here. She Saw, She Took!!!!!!!!!!
257
Points
Coriander 06/03/15 - 09:37 am
They need to go after Kim's assets
She has a nice fancy blue Corvette! Got rid of her flashy red one for a blue one. Plus she has other cars to boot. Go after her house with a river view in front. Go after everything she owns to make things right for the children who lost relatives at the sugar refinery. Take, Take, Take everything to make things right. Plus make her life in prison tuff. This is not a nice person we are dealing with here. She Saw, She Took!!!!!!!!!!
3514
Points
BenThere 06/03/15 - 09:59 am
S-town
the Feds don't care how long it takes to get the money back , no matter how much she stole they can only take about 25% of her earnings for the rest of her life !!! so giving back makes no difference to anyone in the Federal system , they get paid whether she pays or not !!!
61385
Points
Geechee 06/03/15 - 10:07 am
"They need to go after Kim's assets"
You are half right. They need to go after the first three letters of Kim's "assets."
3514
Points
BenThere 06/03/15 - 10:30 am
assets
while she is working in prison they will take about 25.00 per month from her commissary or phone money , so if she gets 5 years , she will pay about 1500.00 while in prison , once out they will reevalute and take about 25% of her income
257
Points
Coriander 06/03/15 - 12:07 pm
Looks like Crime Pays
Damn! When her daddy hijacked the plane to Cuba, they lost the lumber business to pay off the lawyers. Her family is half nuts!
2731
Points
