Showing posts with label Wisconsin. Show all posts
Showing posts with label Wisconsin. Show all posts

Saturday, September 12, 2015

Former Oshkosh financial adviser charged with bilking elderly clients

Editor's note: Aside from being a fake lawyer, Jean is not perpetrating anything that the real lawyers in the Probate Court of Cook County have done.  Lucius Verenus, Schoolmaster, ProbateSharks.com

Former Oshkosh financial adviser charged with bilking elderly clients

A former financial adviser in Oshkosh already facing charges for stealing from her clients is being held on $1 million bail after she was charged with four additional counts of theft.

The new charges say that Jean Walsh-Josephson, 56, of Oshkosh, stole more than $475,000 from elderly clients.

Walsh-Josephson had been charged in August with theft and forgery involving a client's account at the Thrivent Financial in Oshkosh.

Oshkosh police, the Wisconsin Department of Financial Institutions and the Office of Commissioner for Insurance are continuing the investigation. Police say Thrivent Financial has contacted all of Walsh-Josephson's clients and the company is cooperating with the investigation.

Full Article & Source:
Former Oshkosh financial adviser charged with bilking elderly clients

N.J. man charged - again - as phony lawyer


OH, THIS GUY AGAIN.

Leaford George Cameron, a wannabe lawyer who looks more like a crazed hypnotist, made news in 2013 when he was arrested by Delaware County authorities for allegedly impersonating an attorney.

When detectives asked whether he was licensed to practice law in Pennsylvania, "his reply was that he should be," according to the criminal complaint.

Now, Cameron is in even bigger trouble.

U.S. Attorney Zane Memeger announced yesterday that Cameron, 62, of Burlington, N.J., has been indicted for mail fraud, wire fraud and false statements.

Cameron allegedly ran a fraudulent law practice between 2003 and this year and defrauded approximately 74 "clients" who were residents of Pennsylvania, New York, New Jersey, Connecticut, Florida, Illinois, Jamaica, and India.

Cameron even appeared in court, primarily handling immigration matters.

"The longevity of Cameron's alleged fraud, the amount of victims already identified, and far reaching impact in this case is staggering," said John P. Kelleghan, special agent in charge of Homeland Security Investigations in Philadelphia.

"HSI will continue to investigate and seek out those who may have fallen prey to this alleged imposter's scheme. We encourage anyone with any contact with this person to contact us right away," Kelleghan said.

Anyone who used Cameron's services should call Homeland Security Investigations at 215-717-4987.

If convicted of all charges, Cameron faces a maximum sentence of 75 years in prison.

Full Article & Source:
N.J. man charged - again - as phony lawyer

Saturday, December 20, 2014

Some gray wolves to be returned to endangered list

Some gray wolves to be returned to endangered list

Associated Press 
Editor's note:  Let's hear it for U.S. District Judge Beryl Howell!  Lucius Verenus, Schoolmaster, ProbateSharks.com
FILE - This April 18, 2008, file photo provided by the U.S. Fish and Wildlife shows a gray wolf. A federal judge on Friday, Dec. 19, 2014, threw out an Obama administration decision to remove the gray wolf population in the western Great Lakes region from the endangered species list — a decision that will ban further wolf hunting and trapping in three states. The order affects wolves in Michigan, Minnesota and Wisconsin. The U.S. Fish and Wildlife Service dropped federal protections from those wolves in 2012 and handed over management to the states. (AP Photo/U.S. Fish and Wildlife Service, Gary Kramer, File)
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FILE - This April 18, 2008, file photo provided by the U.S. Fish and Wildlife shows a gray wolf. A federal judge on Friday, Dec. 19, 2014, threw out an Obama administration decision to remove the gray wolf population in the western Great Lakes region from the endangered species list — a decision that will ban further wolf hunting and trapping in three states. The order affects wolves in Michigan, Minnesota and Wisconsin. The U.S. Fish and Wildlife Service dropped federal protections from those wolves in 2012 and handed over management to the states. (AP Photo/U.S. Fish and Wildlife Service, Gary Kramer, File)
TRAVERSE CITY, Mich. (AP) — A federal judge on Friday threw out an Obama administration decision to remove gray wolves in the western Great Lakes region from the endangered species list — a decision that will ban further wolf hunting and trapping in three states.
The order affects wolves in Michigan, Minnesota and Wisconsin, where the combined population is estimated at around 3,700. The U.S. Fish and Wildlife Service dropped federal protections from those wolves in 2012 and handed over management to the states.
U.S. District Judge Beryl Howell in Washington, D.C., ruled Friday the removal was "arbitrary and capricious" and violated the federal Endangered Species Act.
Unless overturned, her decision will block the states from scheduling additional hunting and trapping seasons for the predators. All three have had at least one hunting season since protections were lifted, while Minnesota and Wisconsin also have allowed trapping. More than 1,500 Great Lakes wolves have been killed, said Jonathan Lovvorn, senior vice president of the Humane Society of the United States, one of several groups whose lawsuit prompted Howell's ruling.
"We are pleased that the court has recognized that the basis for the delisting decision was flawed, and would stop wolf recovery in its tracks," Lovvorn said.
Fish and Wildlife Service spokesman Gavin Shire said the agency was disappointed and would confer with the U.S. Department of Justice and the states about whether to appeal.
"The science clearly shows that wolves are recovered in the Great Lakes region, and we believe the Great Lakes states have clearly demonstrated their ability to effectively manage their wolf populations," Shire said. "This is a significant step backward."
State officials acknowledged being caught by surprise and said they would study the judge's 111-page opinion before deciding what to do next.
"It's an unusual turn of events," said Tom Landwehr, Minnesota's natural resources commissioner.
The ruling is the latest twist in more than a decade of court battles over the gray wolf, which has made a strong recovery after being shot, poisoned and trapped into near-extermination in the lower 48 states in the last century. Only a remnant pocket in northern Minnesota remained when the species was added to the federal endangered list in 1974.
The wolf is now well-established in the western Great Lakes and in the Northern Rockies, where the minimum population is estimated at around 1,700.
Animal protection advocates repeatedly have sued over federal efforts to drop federal protections in both regions, arguing that the wolf's situation remains precarious. Meanwhile, ranchers and farmers complain of heavy financial losses from wolf attacks on livestock.
A judge in September restored endangered status to wolves in Wyoming, although those in Montana and Idaho remain off the list. The Fish and Wildlife Service is nearing a final decision on whether to lift protections across the remainder of the lower 48 states, except for a fledgling population of Mexican gray wolves in the desert Southwest.
In her opinion, Howell acknowledged the issue inspires passions on all sides but said the administration's "practical policy reasons" for its action in the Great Lakes region don't trump the requirements of the federal law, which "offers the broadest possible protections for endangered species by design."
"This law reflects the commitment by the United States to act as a responsible steward of the Earth's wildlife, even when such stewardship is inconvenient or difficult for the localities where an endangered or threatened species resides," Howell wrote.
The ruling came too late to halt this fall's hunting and trapping seasons. They have concluded in Minnesota, where 272 wolves were killed, and Wisconsin, where the total was 154.
Michigan's only hunt was in 2013, when 22 wolves were taken. During the November election, voters rejected two pro-hunting laws approved by the Legislature. But a third remains on the books, and regulators had been expected to consider scheduling another hunt next year.
Minnesota and Wisconsin officials warned residents that with wolves classified as endangered once again, it's no longer legal to shoot those preying on livestock or pets. Wolves can be killed only if threatening human life, said Chris Niskanen of the Minnesota Department of Natural Resources.
___
Associated Press reporters Brian Bakst and Kyle Potter in Minneapolis, Todd Richmond in Madison, Wis., and Matthew Brown in Billings, Mont., contributed to this story.

Tuesday, November 18, 2014

Judge refuses to dismiss Schend ex-client's claim

Editor's note: This Shark finds Judge Metropolus's prudent ruling refreshing.  An insurance lawyer in the Estate of Alice R. Gore died and the Illinois ARDC dropped the investigation of his part in her probate court estate's fraud just because he died.  Perhaps Wisconsin law protects helpless wards rather than fleecing them.  Lucius Verenus, Schoolmaster, ProbateSharks.com

 

Judge refuses to dismiss Schend ex-client's claim

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An Outagamie County judge refused Monday to dismiss a case seeking retribution for alleged thefts and frauds by former Appleton guardian Jeffrey M. Schend.
Judge Mitchell Metropulos said that despite the insurance company's claim it is not liable for the losses, the penniless victim deserves his day in court.
"The reasons we have bond in guardianship cases is because if there are acts of fraud or dishonesty or embezzlement, there is a recourse, an insurance for people who are being abused," Metropulos said.
The ruling means the civil case involving Minnesota-based Platte River Insurance Co. will move one step closer to trial. One of Schend's ex-clients, John Pike of Appleton, says he's trying to recoup close to $35,000 he accuses Schend of stealing or misusing.
Carey Reed, Pike's attorney, said two others have come forward with potential claims after reading Post-Crescent Media's story on Sunday about Pike's struggle with the insurance firm. The firm's lawyer said it had also refused a claim from the Social Security Adminstration, which could be considered a third-party beneficiary in the case.
Central to the case is whether Schend's $250,000 business service bond provided financial protection for those placed under his care after they were found incompetent. Platte River argues since Schend killed himself without being tried and convicted of a fraudulent or dishonest act, it can't be held liable.
Metropulos disagreed and said he based his decision on whether the company's contract language clashed with state law or public policy.
"Certainly the state has had individuals that are bonded and then commit acts of fraud or dishonesty who should not, in essence, have their acts validated because they are not able to proceed to adjudication in court," Metropulos said. "This is a situation that cries out for justice, and (dismissing the case) would really not enable Mr. Pike or others to have their day in court and prove the underlying fraud."
EARLIER:Ex-guardian's death leaves void for elderly, disabled
— Ariel Cheung: 920-993-1000, ext. 430, or acheung@postcrescent.com; on Twitter @arielfab

Monday, November 10, 2014

Ex-guardian's death leaves void for elderly, disabled

Editor's note: This Shark found The Probate Court of Cook County also uses the "bonding ploy" to fleece wards of the court and their families. Lucius Verenus, Schoolmaster, ProbateSharks.com

 

Ex-guardian's death leaves void for elderly, disabled

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Last year's death of Jeffrey M. Schend, a former Appleton guardian, effectively ended the criminal case that accused him of living lavishly off the elderly and disabled people he was sworn to protect.
But frustrations remain high for ex-clients of Schend, including John Pike of Appleton, who suspects he lost close to $35,000. He's still trying to recoup his losses.
"I'm penniless," Pike said. "I'm trying to pay back on all these bills that Jeff Schend should have already paid."
A civil court hearing in Outagamie County on Monday will determine whether the lone safety net required of Schend — a business service bond — provided protection of the assets of vulnerable people who were placed under his care. Schend purchased a $250,000 bond as part of his contract with the county to handle the finances of those who were determined by a court to be incompetent.
The firm that sold the bond, Minnesota-based Platte River Insurance Co., is asking Judge Mitch Metropulos to declare it isn't liable for losses.
The company's arguments boil down to contract language. Under terms of the bond, the company would pay in the event of "any fraudulent or dishonest act." The trigger point for payout, however, would come only after Schend or one of his employees was "tried and convicted by a court of proper jurisdiction."
Schend committed suicide before the case concluded.
"Because no criminal conviction was entered against Schend, Platte River has no obligation to any actual or potential claimant under the bond," attorney Daniel Gregerson said in written arguments.
Carey Reed, an attorney for Pike, argues that the company is relying on a technicality and trying to benefit from a suicide "despite overwhelming evidence against Schend."
Money was missing
An investigation into Schend began after county officials received complaints in late 2010 that the bills of those placed under his watch weren't being paid.
Police determined that about $500,000 was missing from accounts within his oversight. Schend maintained his innocence and attributed discrepancies to poor bookkeeping.
Guardians are appointed by courts to oversee assets and pay bills when it's determined a person can no longer manage his or her finances.
An accountant hired by prosecutors combed bank records and provided a detailed analysis of Schend's income and spending. Spending included flights, cruises, limousine rentals and yacht club fees.
His lifestyle, however, didn't match his earning capacity.
Schend's business, JMS Guardianship Services, could have collected a maximum $51,000 in fees from those placed under his watch in 2010. His personal spending reached nearly $165,000 that year, records show.
In addition to personal spending, the accountant determined Schend spent $84,000 on business-related expenses in 2010, or more than $33,000 in excess of his possible business income.
Coverage was 'illusory'
Reed wants the judge to strike the conviction clause from the bonding terms, saying the terms violate public policy and provide "illusory" coverage. It's set up in a manner that left the company with little real risk it would ever have to pay out, and it provided leeway to deny payment even if Schend admitted to the thefts, Reed argued.
The majority of criminal cases end with plea agreements. The bond, however, required that Schend be "tried and convicted."
"Under this scenario, the 'tried' part of the bond's condition precedent would still not be met," Reed wrote in pleadings to the court.
Gregerson, in response, said Schend's case was on the path to trial by jury.
Schend accepted the conditions of the bond, as did Outagamie County based on its approval of Schend as a guardian, Gregerson wrote.
"The bond cannot be reformed to bind Platte River to a risk that it did not contemplate or anticipate when the bond was issued," he stated.
Joseph Guidote, attorney for Outagamie County, said county officials scrutinize contracts, though declined further comment as he was unfamiliar with the specifics of the bond in question.
Should Metropulos decide the contract language is insufficient for a ruling in the insurance company's favor, the case would continue. Attorneys for Platte River would ask that any payouts be capped at $250,000. The company would also ask the court to determine the recipients of the money and the amounts that should be granted to them.
The theft case led to several changes in the county. They include bond requirements based on the amount of coverage held by Schend in comparison to the suspected losses of his clients.
County judges in 2012 approved a rule that now requires guardians to hold either a bond or crime insurance policy for the amount of the aggregate assets of their clientele.
Pike, who became disabled after suffering a head injury, said his frustration and anger extend beyond his former guardian.
Pike didn't have a choice as to who would oversee his finances. He had suspicions that Schend was dipping into his money.
At a court hearing, "they basically told me that I was nuts," Pike said.
There's no solace today — living on Social Security income and with a big stack of bills — in knowing his hunch was on target.
"I think it's high time the county admits they were wrong," Pike said.
— Jim Collar: 920-993-1000, ext. 216, or jcollar@postcrescent.com; on Twitter @JimCollar
About this case
Post-Crescent Media has been following the case of Jeffrey M. Schend since 2012. He was hired by Outagamie County to serve as a guardian for people ruled legally incompetent. He was charged with felony theft after being unable to account for about $500,000 in transactions from clients' accounts. The newspaper's work has included watchdog reporting about failings in the system responsible for oversight of guardians. Schend committed suicide before the court case was resolved.
What's a guardian?
Guardianship is a legal process put in place when people can no longer make safe or sound decisions about themselves or their property, according to the National Guardianship Association.
A guardian's responsibilities vary on a case-by-case basis, but often include handling a client's finances and protecting a client's assets. In some cases, a court-appointed guardian determines where a client lives, monitors the client's medical treatment and makes end-of-life decisions.
Guardianships begin with a petition to the court. Judges consider evidence in determining whether a person is incompetent, whether guardianship is appropriate, who will serve as guardian and with what authority.
Mental illness, developmental disability, physical incapacity and advanced age are among various conditions that have been the basis for appointing guardians, the association says.

Friday, July 18, 2014

An Appleton father is accused of stealing $360,000 from his disabled son's trust fund from 2008-11.

An Appleton father is accused of stealing $360,000 from his disabled son's trust fund from 2008-11.

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An Appleton man is accused of stealing more than $360,000 from his disabled son's trust fund to pay for drugs, pornography and vacations.
Todd D. Laseke, 48, admitted to spending thousands on himself and chalked it up to "stupidity," police said. He is charged in Outagamie County Circuit Court with theft in a business setting, possession of marijuana and possession of drug paraphernalia.
Police said Laseke withdrew or transferred $502,672 from the trust fund to his personal bank accounts from March 2008 to November 2011. While $135,000 can be attributed to Laseke's monthly allowance, $367,672 was spent beyond his stipend, officials said.
Laseke appeared in court Tuesday and declined to comment on the allegations. Court officials said his son is no longer under his guardianship.
Medical lawsuit provided $1.3 million for son
In 2008, Laseke was awarded guardianship of his son, 11 years after the family filed a medical malpractice lawsuit against the Bay Area Medical Center in Marinette, federal court records show. In 1999, the child received $1.37 million from the hospital and one of its doctors, and Laseke was awarded $100,000. Laseke's son, now an adult, suffered a brain injury as a child that left him mentally disabled, prosecutors said.
As his son's guardian, Laseke was responsible for maintaining the trust fund and was allotted $3,000 per month for his own living expenses, according to the criminal complaint filed June 12. By law, he was required to submit annual accounting reports to the Outagamie County register in probate's office, which is responsible for oversight.
From 2008 to 2009, Laseke reported spending $154,762 of his son's settlement, court records state.
An court-ordered investigation into Laseke's bank accounts showed he withdrew $189,626 during the two-year period and made several large purchases, including a $29,000 downpayment on a house and a $28,614 minivan, officials said. Police said he also spent more than $9,000 on child support, court fines and loan payments.
Officials began to ask questions when Laseke reported in June 2009 there was $934,223 in the trust.
Police: Laseke used son's money for drugs, vacations
Beginning in October 2010, the register in probate asked Laseke to explain the "substantial" spending, as his son had no known medical concerns. In February 2011, Laseke appeared in court and was ordered to submit the report within a month. Officials said he did not comply.
In November 2011, Probate Registrar Sue Lutz received an anonymous letter voicing concerns about how Laseke was spending his son's money, accusing him of wasting it on himself and his other children, court records state.
At that point, officials appointed an attorney as a guardian ad litem to represent Laseke's son and investigate. Through subpoenaed documents, the attorney uncovered Laseke's excessive spending, despite making only $24,669 in other income over the four-year period.
When police spoke with Laseke a month later, he said he used the trust fund money for his home downpayment and the minivan, but thought he had included the purchases in accounting reports, the complaint states. Laseke said he also used the money for trips with his son to Florida to visit his other children multiple times each year, and for a membership fee to an adult website.
Laseke told police he self-medicated with marijuana following a work injury and spent $500 per week for the drug, while also purchasing $400 to $800 of cocaine weekly.
When police searched his home, they found about 12 grams of marijuana, a white powder residue and drug paraphernalia, resulting in the two possession charges, prosecutors said.
Oversight strengthened following Schend case
Laseke's timeline of alleged criminal spending coincides with another Outagamie County guardianship case in which an Appleton guardian was accused of stealing about $500,000 from dozens of elderly and disabled clients over a six-year period.
In 2011 and 2012, Jeffrey M. Schend was charged with 15 felony counts of theft and 12 misdemeanor counts of falsifying records. His case came to an end in August 2013, when he died by suicide.
A Post-Crescent Media investigation at the time found that state laws did not provide enough oversight for guardians, which allowed for mismanagement of money and poor documentation. State law did not require detailed audits, and practices varied from county to county.
In Schend's case, his accounting discrepancies weren't discovered until officials received complaints that client bills weren't being paid, according to the newspaper report.
In 2012, the Outagamie courts implemented stronger safeguards to the county's guardianship system in light of the allegations against Schend. Guardians are now required to provide more detailed financial records to the court, and officials randomly select cases to review each year and can fine guardians whose failure to answer questions requires court intervention.
"Previously with the accounts, it was easy to, I would say, not file accurate accounting," Lutz said. "With these measures in place, I believe it makes it more difficult."
Lutz pointed out that Laseke's alleged criminal activity took place prior to the changes, which now require annual bank statements and a ledger sheet itemizing expenses and disbursements. Her office now verifies that the bank statements match ledger sheets.
On Tuesday, Laseke filed paperwork for a court-appointed attorney. Court Commissioner Brian Figy set a $100,000 signature bond for the case, which means Laseke was not taken into custody. He will return to court Thursday.
— Ariel Cheung: 920-993-1000, ext. 430, or acheung@postcrescent.com; on Twitter @arielfab
What is a guardian?
Guardianship is a legal process put in place when people can no longer make safe or sound decisions about themselves or their property, according to the National Guardianship Association.
A guardian's responsibilities vary on a case-by-case basis, but often include handling a client's finances and protecting a client's assets. In some cases, a court-appointed guardian determines where a client lives, monitors the client's medical treatment and makes end-of-life decisions.
Guardianships begin with a petition to the court. Judges consider evidence in determining whether a person is incompetent, whether guardianship is appropriate, who will serve as guardian and with what authority.
Mental illness, developmental disability, physical incapacity and advanced age are among various conditions that have been the basis for appointing guardians, the association says.
Closer oversight
Among other things, Outagamie County's new rules require court-appointed guardians to:
» Provide a complete, itemized ledger for the entire year for each of their clients when they file their annual accounting documents.
» Obtain bonding valued at the amount of the aggregate assets of their clients, plus an additional $75,000 to cover costs in cases of theft or other misconduct.
» Provide the court with a credit report for themselves and everyone in the guardian's company that handles financial matters.
— Jim Collar, Post-Crescent Media writer

Friday, February 21, 2014

Woman convinces disabled man to give her $27K, and it’s legal

Woman convinces disabled man to give her $27K, and it’s legal

Posted on: 9:09 pm, February 6, 2014, by and , updated on: 09:01am, February 7, 2014
Milwaukee (WITI) — The FOX6 Investigators were recently contacted by a Milwaukee mom at her wits end, trying to protect her disabled son from financial ruin.
After looking into the story, we found a loophole in Wisconsin law that makes it easy to prey on society’s most vulnerable.
Patrick Meyer thinks this woman is his friend.carmen lacey DOC mug jpg - Copy
But you have to know a little bit more about Patrick to understand why police aren’t so sure.
Patrick is 45-years-old and has cerebral palsy. He works in the kitchen at St. Ann’s Center in Milwaukee, an adult daycare. His mom says he’s mildly mentally disabled, and she’s done her best to preserve his independence even though he still lives at home.
She even taught him how to balance a checkbook so he can control his own finances.
“He balances it really well, so I  never really felt a need to be checking on him except that these red flags came up,” says  Jane Saganski , Patrick’s mother.
The first red flag — a cruise.
Patrick thought he was going to go on a cruise in August.
“A three hundred dollar check and a five hundred dollar check just given to this person and there was no paperwork or anything or a receipt of a cruise being scheduled,” says Saganski.
The second red flag — a bounced check.patrick works 2 jpg
And then, his mom says, she saw it happen.
“I saw him with her filling out a withdrawal slip from the bank, not from his checkbook,” she said.
When his mom checked his bank account, she says she was floored by what she discovered. Almost every month for the last two years Patrick had given thousands of dollars away.
Saganski estimates Patrick has given away nearly $27,000 in personal checks and cash since 2011.
She says most of that money has gone to a Milwaukee woman named Carmen Lacey. Lacey’s a home healthcare worker, which means she takes cares of the elderly and disabled for a living.
She’s also a felon: drugs, battery, and burglary all part of her criminal history. And even though she got out of prison years ago she’s still on parole, taking care of some of carmen lacey offender search jpg - CopyMilwaukee’s most vulnerable adults. She met Patrick at St. Ann’s — but she was never his caretaker.
“At one point when she called I told her right out, this is a lot of money and I think you had better start paying it back,”  Patrick’s mother said.Note to Patrick jpg - Copy
And at first she did. On November first, a note showed up along with a money order for $25. Lacey wrote she would give Patrick more money the next time she got paid. But she never did.
When the FOX6 Investigators caught up to her, Lacey called the allegations “garbage.”
“I keep trying to instill in him that this is not your friend and friends do not do that to you,” says Patrick’s mother.
But Patrick insists the two are still friends.
Gery Lyday is the Administrator of Disability Services for Milwaukee County. She says in 2013 her office got more than 40 complaints about financial exploitation of the disabled.DHHAINT 1 jpg - Copy
“What makes it a challenge is if the individual themselves, they are their own guardian. That means they speak for themselves and they are their own person,” Lyday says.
“If they don’t wish to pursue any kind of allegations or press charges against that person it makes it very difficult for the police.”
That’s exactly why Patrick’s mom says she’s so frustrated. She says the police wouldn’t even allow her to file a report.patrick's mom jpg - Copy
It wasn’t until FOX6 got involved that police finally sent financial crimes investigators to her house.
Police told Patrick’s mom there is nothing they can do.
“If a person doesn’t have the intelligence to be able to understand what they are doing to them this should be fraud and they should pay for it,” Saganski insists.
But Lacey won’t have to pay for anything, most likely, because what she did isn’t a crime. Under Wisconsin law, it’s not financial exploitation because Patrick wasn’t forced or coerced. He gave the money willingly because he wanted to.
Milwaukee Police call it “heartbreaking,” but that doesn’t mean it’s illegal, at least not under current law.
“Sometimes you just see cruel people financially exploiting individuals once they recognize that they are vulnerable and they see an easy way to, you know, receive some money,” Lyday says.
Patrick’s mom says she won’t give up.
“My goal is to have it made into law that anyone who does this that justice will be done for them and they will get prison time.”
Saganski has taken control of her son’s checking account so it won’t happen again.
FOX6 has confirmed Lacey still works as a personal caretaker through Independence First. Independence First’s CEO says the agency conducts full account balance 2 jpeg - Copybackground checks on all employees, and a criminal record doesn’t necessarily disqualify someone from being a caretaker.
It depends what the crime was, and how long ago it happened. Anyone she’s working for has been told about her criminal past and they have no complaints.
Saganski reached out to Senator Tim Carpenter’s Office for help. A legislative aide told FOX6 they were “taking a pass” on the issue, but would contact Saganski.
If you’re concerned about a disabled loved one being taken advantage of, Lyday says families should consider hiring a payee, someone who can handle an individual’s finances. You can also contact disability services for help. The office will conduct a free investigation anytime abuse, neglect, or financial dishonesty is suspected.
For more information, visit: http://county.milwaukee.gov/dsd.htm

Wednesday, January 29, 2014

West Allis lawyer charged with embezzling from clients

West Allis lawyer charged with embezzling from clients

A West Allis lawyer who told authorities in 2012 that he was stealing from clients has finally been charged criminally for his conduct.
Randy Wynn faces two counts of embezzlement over $10,000, but the criminal complaint indicates his illegal take over four years was closer to $800,000. Wynn, 61, made his initial appearance in court Thursday afternoon.
A year ago, Wynn told the Milwaukee Journal Sentinel that he was under investigation. He blamed the thefts on a gambling addiction and said he finally reported himself to the Milwaukee County district attorney's office and the state Supreme Court in November 2012.
"I'm cooperating 100% with everybody," Wynn said then. "I don't want to come off as someone who is running from this. ... No one caught me doing anything." He declined to comment further Thursday and referred questions to his attorney, Steven Kohn.
By July, he said he expected to be charged and deserved whatever punishment he gets, even prison. In August, his license to practice law was suspended, although a dissenting justice said he should be disbarred immediately.
The criminal complaint's two counts cover embezzlement in 2009 through 2010, and 2011 through September 2012. Wynn told investigators he had been stealing from clients for six or seven years, and at first was able to repay some of the embezzled client funds. But it wasn't until the DA's office completed a full review of Wynn's records that it was determined he took about $780,000 from about 200 clients.
The only victim mentioned in the complaint is Benkowski Builders of South Milwaukee. Wynn had been charging the company an hourly rate, plus a third of recoveries, for pursuing debtors to Benkowski. But he began to keep many of the payments that debtors were sending, and estimated he took about $33,000 in all that should have gone to Benkowski Builders.
The company's owner told investigators the loss was really more like $250,000 because the cases Wynn was diverting all become uncollectable debt for accounting purposes.
Wynn, a resident of Fox Point, is a 1979 graduate of Marquette Law School.
© 2014, Journal Sentinel Inc. All rights reserved.



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Friday, December 27, 2013

Defense attorney Bridget Boyle has license suspended again

Defense attorney Bridget Boyle has license suspended again



For the second time in two years, the Wisconsin Supreme Court has suspended Milwaukee lawyer Bridget Boyle, this time for six months, meaning she will have to reapply for her license to practice law, if the court doesn't hit Boyle with yet another suspension before then.
The referee in a  pending discipline matter has recommended an 18 month suspension, a sanction Boyle has argued  would "very well contribute to the demise of her realistic ability to practice law."  The Supreme Court has not set a date for a decision in that ethics case.
In a decision Thursday, the court noted that Boyle's discipline history and the nature of her rules violations demanded the six month suspension and reapplication, overriding the four-month suspension recommended by the Office of Lawyer Regulation and the referee in her professional discipline case.
"It is imperative that to resume the practice of law in Wisconsin, Attorney Boyle must show this court that she has taken steps to avoid similar misconduct in the future," the court wrote.
In May 2012, the court suspended Boyle for 60 days and ordered she pay about $5,000 in restitution and $11,000 in costs.  The suspension followed a February order from the 7the U.S. Circuit Court of Appeals that banished her from practicing in the federal courts in Wisconsin, Illinois and Indiana.
Thursday's Supreme Court order cited many of the same types of violations that led to Boyle's 2012 suspension -- lack of communication with clients, including about fees; charging an unreasonable fee; and failing to reimburse unearned portions of fees.
The court ordered Boyle to repay a former client in the current disciplinary case $2,500.
The case involved ten counts involving two client matters  from 2007 to 2010. In one, Boyle took on a criminal appeal in federal court for $20,000 without detailing what efforts she expected to make in  the case. The client later complained that Boyle did not do much of anything on his case, and refused to answer dozens of letters and calls from prison.
In the second case, Boyle accepted $2,500 to appeal a state court conviction for burglary and gun charges, but took no action and refused to return the money when the client's friend asked to end the arrangement a few weeks after hiring Boyle.
According to the court, "The referee also noted that throughout this disciplinary proceeding, Attorney Boyle did not express any remorse over her conduct, was quick to blame her own clients for communication problems, and offered the 'greatly exaggerated' defense that it was too dangerous for her to engage in meaningful written communications with clients in federal prison."
The court further found that Boyle "habitually neglected her duty to communicate with clients, often leaving her clients entirely in the dark. There is no justifiable reason, for example, for a client to have to discover the outcome of an important motion or an appeal from someone other than his or her lawyer, months after the relevant court issued its decision—as C.M. did, twice."
According to the decision, Boyle must also pay nearly $23,000 in costs incurred by the Office of Lawyer Regulation to investigate and try the disciplinary case against her.
In the pending case, a different referee has recommended Boyle return $12,000 in fees she collected in two other client matters. In her brief in that case, Boyle cited a series of ongoing medical issues that affected her law practice in recent years.
Boyle joined the State Bar of Wisconsin in 1995, and practices with father and brother at the firm Boyle, Boyle and Boyle.


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