Showing posts with label Attorney sentenced. Show all posts
Showing posts with label Attorney sentenced. Show all posts

Monday, October 3, 2016

New York Lawyer Gets Prison Time for Stealing $5 Million From Clients

New York Lawyer Gets Prison Time for Stealing $5 Million From Clients
Stuart A. Schlesinger, a disbarred lawyer
A lawyer who practiced for half a century in New York and built one of the city’s leading personal injury practices was sentenced to six and a half years in prison on Friday for stealing more than $5 million from clients.

The lawyer, Stuart A. Schlesinger, 76, misappropriated the funds from settlements he had negotiated in cases involving medical malpractice and other injuries, and then used the money to pay expenses including mortgage bills, the government had alleged.

“He converted his law license to a license to steal,” said Judge William H. Pauley III before imposing the sentence, which included an order that Mr. Schlesinger forfeit more than $5 million and pay restitution.

The proceeding was highly charged, with rows of victims observing from the spectator gallery. Some wept openly. Others made angry comments. More than a half-dozen victims addressed the judge personally, recounting the hardships Mr. Schlesinger had caused them, as well as his never-ending excuses, as one victim put it.

The victim, Margaret Last, rattled off some of Mr. Schlesinger’s excuses: “He was short-staffed. He was making sure everything was in order. He had a virus. He had problems with his back and his knee. The office was moving. He didn’t know how to work a fax machine.”

Ms. Last is still owed $660,000, her share of a settlement of a medical malpractice lawsuit that Mr. Schlesinger negotiated on her behalf, according to Christopher Cobb, a lawyer who now represents her.

Another victim, Kenneth Lawler, who is owed $900,000 from the settlement of a lawsuit alleging medical malpractice in the death of his son, said, “Every time I have to return to this matter, it brings back sad memories.”

Matthew J. Laroche, a prosecutor in the office of Preet Bharara, the United States attorney for the Southern District of New York, told the judge that Mr. Schlesinger did not care that his victims were plaintiffs who were already “suffering from life-altering injuries or the death of a loved one.

“He stole their money and lied to them and left them revictimized and broken,” Mr. Laroche said.

Murray Richman, Mr. Schlesinger’s lawyer, said his client’s actions had been reprehensible.

“I’m also angry at what he’s done to the legal community,” Mr. Richman said. “He’s made every lawyer’s word less meaningful.”

Mr. Schlesinger, who ran a firm called Julien & Schlesinger and who is now disbarred, made a rambling apology, facing the judge at times and also turning to the victims. “I know what I did,” he said. “I know the extent of what I did, and I know how terrible it is.”

He added: “I’ve lost everything that I’ve earned in 50 years. I lost my license. I lost my respect. I have terrible issues with family.”

Judge Pauley, of Federal District Court in Manhattan, observed that Mr. Schlesinger had become a prominent lawyer who was “at the apex” of the personal injury bar in New York. But the case revealed “that under the veneer of an accomplished and highly respected attorney, Mr. Schlesinger was really a predator — his conduct was long running and devastating to the individuals he victimized,” the judge said.

He also noted that Mr. Schlesinger had amassed a fortune in real estate, selling an elegant brownstone on the Upper East Side of Manhattan for more than $20 million about a decade ago, and earlier buying a property on Quogue, on Long Island, that is appraised for more than $11 million.

The Quogue property, which according to real estate listings is an eight-bedroom house on five and a half acres, with a pool and a hot tub overlooking the ocean, is for sale, currently priced at $10 million.

The judge also suggested that Mr. Schlesinger had been hiding assets, noting he had not disclosed that he had borrowed more than $2 million against the Quogue property. He said that Mr. Schlesinger had also “apparently been busy selling personal property, including artworks,” and after selling some, he had deposited more than $65,000 in his wife’s account.

Judge Pauley said the court’s probation department reported that bank statements reflected other significant deposits for which the sources were unknown.

“So it really seems, Mr. Schlesinger, that the fraudulent conduct continues,” the judge said.

Full Article & Source:
New York Lawyer Gets Prison Time for Stealing $5 Million From Clients

Monday, August 8, 2016

No jail for Napier lawyer convicted for breaching trust

No jail for Napier lawyer convicted for breaching trust

A remorseful Richard Hill was sentenced to home detention and community service at Napier District Court.
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A remorseful Richard Hill was sentenced to home detention and community service at Napier District Court.

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A lawyer has been sentenced to home detention and community work for breaching the trust of clients.
Richard Henry Hill,  of disgraced law firm McKay Hill, was sentenced in Napier District Court last week.
Judge Michael Crosbie said Hill, 70, "knowingly and dishonestly converted client funds" from the McKay Hill partnership in an unauthorised manner.
"The purpose of the dishonest conversion was to meet the firm's expenses, including wages and partners' drawings," Judge Crosbie said in sentencing notes.
READ MORE:
* Lawyer charged over missing funds
* Lawyer's name suppression bid fails
* Former Napier lawyer Gerald McKay says employee took trust fund money, not him
* Struck off Napier lawyer Gerald McKay guilty of theft
* No remorse from Napier lawyer Gerald McKay who stole from clients

Judge Crosbie said Hill's offending was in stark contrast to that of his former partner.
Remorseless Gerald George McKay stole $556,000 from clients' trust fund accounts and estates, and was jailed earlier this year on a raft of charges.
"Unlike your former partner Mr McKay, it is not suggested that you are responsible for any loss of clients' funds," Judge Crosbie said at Hill's sentencing.
Hill was found guilty on one representative count of a criminal breach of trust committed between October 1, 2003 and June 14, 2005.
During that time, Hill was a partner in McKay Hill.
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Hill first faced one charge of criminal breach of trust at the court in 2011.
He and McKay were investigated after irregularities were uncovered in the law firm's trust account.
The judge said Hill had a "very public fall from grace" and was remorseful.
"The impression I gained was that you were effectively using your clients' funds as your banker.
"The conviction alone will carry more weight for you than many, as it often does for offenders who have led an otherwise exemplary life and are well known in the community."
He said Hill had no "relevant previous convictions". Those factors and others, along with the health of Hill and his wife, brought the sentence down from two years to 18 months, so the judge could consider home detention.
Hill's wife had Alzheimer's disease and the former lawyer was her primary caregiver.
The sentence was cut further, to 8 months' home detention, but with 100 hours' community work added.
McKay Hill held funds in trust for clients in a solicitors' trust account.
McKay, 74, was sentenced in Napier District Court in April after a jury trial.
He was found guilty of five charges of theft, five charges of using a document for pecuniary advantage, and one representative charge of criminal breach of trust.
According to the Law Society website, McKay was suspended but Hill still had a practising certificate.

Friday, July 17, 2015

Former county judge, lawyer sentenced on bribery charges

Editor's note: This Shark believes that the fertile corrupt environment of the Probate Court of Cook County would be a simple task for the FEDs to locate crooked judges and lawyers. Lucius Verenus, Schoolmaster, ProbateSharks.com 

Former county judge, lawyer sentenced on bribery charges
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SAN ANTONIO -- A former state district judge and an attorney were both sentenced to prison Wednesday as part of a federal corruption probe inside the Bexar County Courthouse. Angus McGinty, who resigned his position in 144th District judge in 2014, was sentenced to two years in prison. Attorney Al Acevedo was sentenced to one year and one day in prison.
McGinty was indicted on 2014 on charges of conspiracy to commit federal bribery, one count of bribery, one count of extortion and 12 counts of honest services wire fraud. The indictment alleged that McGinty solicited and accepted bribes from San Antonio lawyer Alberto Acevedo Jr. over a nine-month period in 2013.
McGinty resigned on Feb. 14, 2014, a month before Acevedo plead guilty to bribery. In his plea, Acevedo admitted he engaged in corruption by influencing McGinty with things of value.
On Wednesday, a judge offered McGinty some time to spend with his family and serve his prison sentence after Christmas but McGinty didn't take it. He said he just wants to get his sentence over with. He said it's about moving forward now with his family.
"Forward. What we're enduring is nothing compared to what other families have endured. We'll be fine," said McGinty.McGinty thanked the people who supported him in the last year and a half. He also, thanked the judge who sentenced him and the remarks he made in federal court.
McGinty thanked the people who supported him in the last year and a half. He also, thanked the judge who sentenced him and the remarks he made in federal court.
Acevedo faced up to 10 years in prison and a fine up to $250,000. McGinty faced up to ten years in prison and a $250,000 fine at his upcoming sentencing hearing, according to the release.

Saturday, April 25, 2015

Disbarred East Valley attorney sentenced to prison in probate theft case

Editor's note: Your ProbateShark would love to see the thieving Probate Court of Cook County attorneys, "sentenced to prison in probate theft case", but alas, they are protected by the corrupt legal system.  Lucius Verenus, Schoolmaster, ProbateSharks.com

 

Disbarred East Valley attorney sentenced to prison in probate theft case

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A disbarred East Valley attorney accused of stealing money from his deceased clients probate accounts has been sentenced to 2 1/2 years in prison after his conviction on theft and fraud charges.
While sentencing Rodney Matheson, 70, on Friday, Maricopa County Superior Court Judge Bruce R. Cohen also ordered that Matheson repay more than $1 million to an attorney representing the Mayo Clinic, and ordered him to "not engage in any service or assistance in or related legal services for any purpose whatsoever.''
Cohen also placed Matheson on probation on a fraudulent schemes and artifaces conviction for seven years, a term that begins when he is released from prison.
Prosecutors accused Matheson of orchestrating an elaborate shell game by taking money from two estates to satisfy a court order for payment of $800,000 to the Mayo Clinic, the major beneficiary of a third estate, according to court documents.
PREVIOUS: Disbarred attorney accused of stealing from probate clients
The theft occurred between November 2005 and August 2013, while the fraud occurred between March and August of 2013, according to court documents. Matheson pleaded guilty in November 2014 to the theft and fraud charges in return for three other counts being dropped, according to his plea agreement.
Matheson, of Queen Creek, was disbarred in September 2013 after an investigation by the State Bar of Arizona and arrested by Gilbert police in February 2014.
At that time, he was charged with two counts of fraudulent schemes and two counts of theft, with investigators accusing him of misappropriating as much as $6 million.
Matheson also was accused of stealing $1.2 million from the estate of Dorothy Thomas, whose estate stipulated that the money be turned over to the University of Arizona Foundation for cancer research in memory of her late husband, David, according to court records related to the civil case. Documents said the foundation never received the money.
The case against Matheson started to emerge when Mayo Clinic filed a civil suit to collect $1.2million left to the hospital as a beneficiary by the Mary Jane Schalow Trust. Judges were not satisfied with Matheson's answers when they demanded to know what happened to the money.
A Gilbert attorney who traced the misappropriations while examining the probate accounts eventually was ordered to turn over the evidence to the State Bar and to the Gilbert police, leading to Matheson's disbarment and eventually to his arrest.

Friday, February 20, 2015

Burr Ridge Attorney Sentenced To Nearly Six Years In Prison For Stealing Millions

Editor's note: The Probate Court of Cook County thieves who mined Alice R. Gore's gold teeth go free...  Lucius Verenus, Schoolmaster, ProbateSharks.com

Burr Ridge Attorney Sentenced To Nearly Six Years In Prison For Stealing Millions

Attorney who pleaded guilty to 10 counts of wire fraud, fraudulently Oak Park couple's money in gold mines, U.S. District attorney says.

Burr Ridge Attorney Sentenced To Nearly Six Years In Prison For Stealing Millions
Caption: Kathleen Niew
“Accept no loss of principal,” was the money-keeping mantra of an Oak Brook-based attorney and financial advisor, sentenced Tuesday to 70 months for stealing $2.34 million from her clients which she used for fraudulent investments.
Kathleen Niew, 59, who resides in Burr Ridge, pleaded guilty to ten counts of wire fraud in federal court last June, a month before she was scheduled to go to trial. In addition to her jail sentence, Niew was also ordered to pay $2.34 million restitution to clients she defrauded, and forfeit any ill-gotten assets, said a news advisory from the U.S. Attorney’s office.
U.S. District Court Judge Harry Leinenweber also ordered three years of supervised release.
“The sentence must promote respect for the law . . . something has to be done when a case like this comes up,” the judge said before imposing sentence.
Niew was a fast rising financial advisor and attorney, founding Niew Legal Partners, LLC, in Oak Brook, along with her husband, Stanley. Among the many accomplishments Niew touts in her online about.me bio, she is a former Republican Businesswoman of the Year, author of two books, a radio probate law guru, and a star on the seminar circuit with her “Money Talks For Women” series.
According to the charges, Niew took an Oak Park couple’s life savings of $2.34 million and invested it in her escrow account to be used for closings on commercial real estate deals. Prosecutors allege that Niew invested the couple’s money without their knowledge into gold mines, instead of using their money to purchase commercial property as originally planned.
Niew also arranged to receive a 20-percent finder’s fee from the mining investments as part of her fraudulent scheme, in exchange for providing approximately $1.5 million in funds that belonged to her clients.
During her sentencing on Tuesday, Judge Leinenweber also found Niew responsible for defrauding another client out of $500,000, claiming she needed to borrow the money help buy assets in an upcoming divorce.
The judge said that the now disbarred attorney was not divorcing her husband, and sent the client’s money to the same gold mining operations where she had sent the Oak Park couple’s money.
“Niew blatantly stole $2.8 million of her clients’ money, and then lied to cover up the scam,” Assistant United States Attorney Suni Harjani argued in the government’s sentencing memorandum. “When confronted and caught, Niew undertook acts that can only be described as shocking for an attorney licensed by the bar – creating false cover-up documents, lying to her clients, and lying under oath (once again) to the [Illinois Attorney Registration and Discipline Commission].”
Niew is to report to the Federal Bureau of Prisons on April 14.

Saturday, June 22, 2013

Ky attorney disbarred over criminal conviction

Ky attorney disbarred over criminal conviction
Posted: Thursday, June 20, 2013 12:18 pm | Updated: 1:09 pm, Fri Jun 21, 2013.
A Lexington attorney has been permanently disbarred after admitting to taking $631,000 from a client over a 20-year period and another $46,000 in a separate case. The Kentucky Supreme Court concluded Thursday that 65-year-old Brian P. Gilfedder's conduct warranted a permanent ban on practicing law. Gilfedder agreed to the disbarment as part of a plea agreement with federal prosecutors in April that resulted in a 41-month prison sentence.
Gilfedder admitted to taking $631,000 from a disabled veteran for whom he was appointed conservator in 1990. He pleaded guilty earlier this year to stealing the benefits and using them for himself from 1991 and 2011.
In the other case, Gilfedder acknowledged keeping $46,000 paid by an insurance company to four clients after an auto accident.