Archive for the ‘Discipline’ Category

TN Attorney John E. Clemmons Takes Plea, Gets 18 Years in $1.3 Mil Theft Case as Investigation Continues

November 15, 2013

A suspended Tennessee probate lawyer has been sentenced to 18 years in prison after admitting that he stole $1.3 million from three conservatorship clients.

John E. Clemmons, 66, pleaded guilty to perjury, theft and defrauding the state’s Medicare managed-care program, known as TennCare, according to the Tennessean.

Meanwhile, an investigation continues concerning claims by other former clients that they, too, may have been victimized by Clemmons. He is reportedly cooperating with the probe.

Source:
Probate Attorney Takes Plea, Gets 18 Years in $1.3 mil Theft Case as Investigation Continues

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TBI Case Against Franklin Co. Attorney, Joseph Bean Jr., Appointed to Conservatorship Results in Theft Indictment

November 15, 2013

The Tennessee Bureau of Investigation’s case into a Franklin County attorney assigned by a court to be a conservator over the estate of a woman in failing health resulted in an indictment by the Franklin County grand jury. He surrendered to authorities .

Joseph Bean Jr., 41, of Winchester, was indicted on one count of theft or property over $10,000. Between October of 2009 and March of 2012, Bean, who was the court appointed conservator over the estate of the victim, stole more than $42,000 from her conservatorship account. Bean made payments from the victim’s conservatorship account to his American Express account, Bank of America mortgage account, a Community Bank loan account and his Toyota Motors account. Bean was appointed the conservatorship of the victim’s estate due to her failing health. He was the sole party with authorized access to her account to pay her bills and other financial obligations. The victim of the theft is now deceased.

In May of 2013, the 12th Judicial District Attorney General’s office requested TBI to investigate the theft after the attorney over the victim’s estate reported it to him. Bean was booked today into the Franklin County Jail on $7,500 bond.

Source:
TBI Case Against Franklin County Attorney Appointed to Conservatorship Results in Theft Indictment

A Word About Attorney Ken Ditkowsky

October 10, 2013

Friday, October 11th at 11:00 a.m., Illinois Attorney Ken Ditkowsky will stand in front of the ARDC Review Board* in oral argument, defending himself against a four-year suspension of his law license for his involvement in the Mary G. Sykes unlawful guardianship case.

NASGA stands firmly with Attorney Ditkowsky, as we have all along. Attorney Ditkowsky is one of a dying breed of attorneys – those who chose and went in to the legal profession to help people in need instead of just to make a lot of money; a man who is outraged by injustice; and a champion and voice for the vulnerable.

We pray for justice at this hearing.

The world can’t stand to lose an attorney like Ditkowsky; in fact, we need more like him!

*One Prudential Plaza
15th Floor
Chicago, IL
11:00 a.m. 

Disgraced Conahan in default for ignoring lawsuit

October 5, 2013

Even behind bars, disgraced former Luzerne County Judge Michael T. Conahan is still dodging the law.

Conahan, locked away in federal prison, has ignored a civil lawsuit filed against him in connection with the kids-for-cash judicial scandal, federal court officials said Thursday.

The acting clerk for U.S. District Court in Scranton on Thursday ruled Conahan is in default for “failure to answer, plead, or otherwise defend against the complaint.”

Conahan is a defendant in a class-action civil rights lawsuit on behalf of thousands of juveniles who appeared in court before his colleague, former Judge Mark A. Ciavarella Jr. Both men are serving lengthy prison sentences for accepting kickbacks for placed juveniles in two for-profit detention centers. The default opens Conahan to damages when the case is finally resolved in federal court.

The suit also seeks damages from Ciavarella, PA Child Care LLC, Western PA Child Care LLC and Mid-Atlantic Youth Services Corp., which own and operate the centers in Pittston Township and Butler County, and the former co-owner of those companies, Robert J. Powell, a Drums attorney who paid the judges $770,000.

Wealthy developer Robert K. Mericle, who paid $2.1 million to Conahan and Ciavarella, who placed juveniles in two for-profit detention centers built by his construction firm, is no longer a defendant in the lawsuits. He won court approval last year for a $17.75 million settlement with more than 1,000 former offenders who appeared in the county juvenile court in 2004-2008. After the suit was initially filed, Conahan asked a court to dismiss the suit on the basis of “judicial and legislative immunity.” Since a federal judge denied the request, Conahan has not responded to the suit, court documents filed Thursday said.

Full Article and Source:
Disgraced Conahan in default for ignoring lawsuit

Ex-District Judge Sentenced to 6 Years in Prison

September 22, 2013

BROWNSVILLE – A judge sentenced former district judge Abel Limas to six years in prison for one count of racketeering. Limas was also ordered to forfeit $257,000 in property he owns and pay more than $6 million in restitution.

Limas was the focus of a corruption case at the Cameron County courthouse. He pleaded guilty more than two years ago and has testified in four trials related to the case.

The ex-judge confessed to accepting bribes for favorable court rulings. He also admitted to taking more than $250,000 from four attorneys.

In court today, his defense attorney said Limas was rehabilitated and did everything asked of him. Limas apologized for embarrassing the judiciary system and his family.

He left the courthouse without any comment about his sentence.

Former Cameron County district attorney Yolando De Leon called the outcome “a good recognition of the damage done to many, many people, many institutions.”

But Limas’ attorney Chip Lews said, “I think it’s exorbitant. Given all the assistance Abel Limas gave the federal government, one would expect a lighter sentence.”

The former judge will report to federal prison in a couple of months. Until then, he is a free man.

Full Article and Source:
Ex-District Judge Sentenced to 6 Years in Prison

Indicted Texas Judge Loses Bid To Nix Removal Suit

September 13, 2013

Law360, Houston (September 12, 2013, 3:15 PM ET) — A Texas appeals court declined Thursday to throw out a civil removal suit aimed at a state judge indicted on abuse of office charges, clearing the way for proceedings to continue in the case.

The First District Court of Appeals denied Galveston County Court at Law Judge Christopher Dupuy’s petition for mandamus, in which he said that the trial court hearing the removal suit should have dismissed the case.

Full Article and Source:
Indicted Texas Judge Loses Bid To Nix Removal Suit

Criminal probe requested in conservatorship case

July 30, 2013

John E. Clemmons

Citing “incomplete accountings and other misrepresentations,” a court-appointed conservator is recommending that the district attorney general and the TBI open criminal investigations into a Nashville attorney’s handling of a conservatorship.

In a 26-page report filed Thursday in Davidson County Probate Court, Paul Gontarek found that attorney John E. Clemmons paid himself over $370,000 while acting as the conservator of Nannie P. Malone. Court records show that most of those payments were made without court approval.

Malone passed away last year at the age of 81, but her family has filed a civil suit against Clemmons, who is facing criminal charges in a separate case in Rutherford County.

Gontarek was named to replace Clemmons in the Malone case on April 10 after the Tennessee Supreme Court suspended Clemmon’s license to practice law. Probate Judge David “Randy” Kennedy also named Gontarek to take over three other of Clemmons’ cases.

Gontarek said that his review of the four cases showed Clemmons routinely submitted accounting reports that omitted the payments he made to himself. He said some of those reports were “totally fraudulent.”

Full Article and Source:
Criminal probe requested in conservatorship case

See Also:
Nashville Attorney John E. Clemmons Charged With Theft in Conservatorship Case

Tennessee Attorney John E. Clemmons, Court Appointed as Conservator, Sued for Breach of Fiduciary Duty, Conversion, and More

TN: Family Says Conservatorship Bilked $300K From Mother’s Estate; The Conservator: Attorney John E. Clemmons

July 18, 2013

John E. Clemmons’ law license was suspended a few months ago after he was accused of writing himself more than $50,000 in unauthorized fees from the bank account of a disabled client.
Now, another family says they’re out more than $300,000.

Malone’s children not only lost their mother, but they also lost everything that she had collected – all the precious memories. Clemmons sold everything at auction.

“They sold her clothes, family photos in that auction,” Lyle said. “It was one of the saddest days I’ve ever been through.”

“And now, seeing the money that has been taken from her, it’s like living her death all over again,” Boone said.

Source:
Family Says Conservatorship Bilked $300K From Mother’s Estate

See Also:
Nashville Attorney John E. Clemmons Charged With Theft in Conservatorship Case

Tonight on T.S. Radio: How Judges Help Attorneys Steal From the Elderly and Disabled

July 14, 2013

Join us this evening as Richard Kuse, Sassoon Sassoon, and Gary Wildman join the show to talk about the court run grand theft, embezzlement and estate theft, rackets operating in New York State.

Friends of judges, utilizing their courts, are cashing in on estates via the buddy system operating in New York Surrogate courts. As and example: In the case of Ted Ammon (deceased) $10 mil in court approved attorney fees! Estate theft, forged documents, murder and grand larceny. Learn the difference between an exemplified vs. certified court docket. Judges are not only condoning the theft from the clients, they are helping attorneys do it.

6:00 pm MST … 7:00 pm CST … 8:00 pm EST

LISTEN LIVE or listen to the archive later

Deal allows Galveston judge replacement

June 22, 2013

GALVESTON – Indicted Galveston County Court-at-Law Judge Christopher Dupuy agreed Thursday to a deal allowing a replacement judge to be named until criminal and civil cases against him are resolved.

Although Dupuy is under suspension by the State Commission on Judicial Conduct, a second suspension order was sought in a civil lawsuit brought by Texas Attorney General Greg Abbott and local attorney Greg Hughes.

The suspension in the civil lawsuit will allow visiting District Judge Robert Kern of Fort Bend County to appoint a temporary replacement in County Court-at-Law Court No. 3.

Noting that Dupuy is already suspended, Assistant Attorney General David Glickler called the second suspension “an exercise in legal gymnastics.”

Dupuy was indicted last month on eight criminal charges relating to his conduct in office, including two felony charges of official oppression. A Galveston County grand jury issued a ninth indictment last week accusing Dupuy of improperly practicing law as a sitting judge.

Dupuy would be removed permanently and automatically from office if convicted of one of the felony charges.

Full Article and Source:
Deal allows Galveston judge replacement

See Also:
Indicted Texas Judge’s Ex-Finance Changes Her Story

Retraction and Apology to District Judge Kerry Neves of Texas