>Missouri Lawyer Accused of Stealing More Than $300K From Clients

>A Ladue lawyer has been indicted in U.S. District Court in St. Louis on three mail fraud counts and accused of stealing from clients.

Steven P. Gartenberg, 46, who had an office in Brentwood, appeared in court Tuesday and will plead not guilty Wednesday, lawyer Art Margulis said.

Gartenberg’s indictment, which was handed down March 17 but unsealed Tuesday, claims Gartenberg took more than $100,000 from the estate of someone who died in 2009. Gartenberg was supposed to send money to the Kirkwood United Methodist Church, the Alzheimer’s Association and three individuals but used some of the money for his personal use and use by his law firm.

The indictment also says Gartenberg was appointed guardian of a mentally disabled woman in 2007 and later “made in excess of $200,000 in unapproved withdrawals … through fraud, embezzlement and theft.”

Reached Tuesday, Margulis said, “We’ll attempt to cooperate with the government and work our way through this.” He said Gartenberg has been disbarred.

Source:
Ladue Lawyer Accused of Stealing More Than $300,000 From Clients

>John Q. Hammons Guardianship CLOSED!

>A March 31 court hearing in the John Q. Hammons guardianship case will be closed to the public at Hammons’ request.

Probate court clerk Debby Mayes Edgar said Hammons made the request through his court-appointed attorney.

Under Missouri law, the subject of a guardianship case has the right to ask that hearings and documents be closed to public review.

On Friday, Probate Judge Michael Cordonnier closed all court files in the case, saying Hammons’ interests outweighed the public’s need or right to see the files.

Only court personnel and attorneys involved in the case are allowed to view the documents, according to Cordonnier’s order.

The judge did leave the court docket open for review.

Full Article and Source:
Guardianship Hearing Closed to the Public

See Also:
Judge May Restrict Access to John Q. Hammons Guardianship

>Judge May Restrict Access to John Q. Hammons Guardianship

>A lawyer appointed by a Greene County probate judge to represent the interests of John Q. Hammons says the ailing businessman is concerned that a court case could violate his right to privacy.

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Source:
Judge May Restrict Access to Files, Hearings for John Q. Hammons Guardianship

>Attorneys Ask to Close Hammons Guardianship to Public

>Attorneys in the guardianship case of an elderly hotel magnate in southwest Missouri have asked that the case be closed to the public.

Friends of John Q. Hammons, 92, filed a petitoin in Greene County Circuit Court last year asking probate officials to appoint a legal guardian to oversee Hammons’ care. Hammons, a prominent developer, now lives in a Springfield nursing home.

The case was reassigned to Probate Judge Michael Cordonnier on Monday. He likely will decide whether to close it.

The Springfield News-Leader reports that closing the case would allow only court personnel and attorneys access to the case files. The motion to close the case notes that information about Hammons’ medical condition, medical records, business affairs and personal relationships would likely find its way into the file.

Source:
Attorneys Try to Close Hammons Guardianship Case

See Also:
Lt. Gov Encouraged Petition to Guardianize John Q. Hammons

>Media Hires Attorney to Argue to Keep John Q. Hammons Guardianship Public

>The Springfield News-Leader and KY3 have hired a media attorney to argue why the John Q. Hammons guardianship case should remain open to the public.

A hearing has been set for 10 a.m. Friday in Probate Judge Michael Cordonnier’s third-floor courtroom.

Jean Maneke, an expert on First Amendment cases who also provides legal advice on behalf of the Missouri Press Association, will represent both media companies.

Full Article and Source:
News-Leader KY3 Hire Attorney to Keep Hammons Case in Public Eye

>Lt. Gov Encouraged Petition to Guardianize John Q. Hammons

>Lt. Gov. Peter Kinder said that he encouraged friends of John Q. Hammons to file a guardianship petition in Greene County probate court to resolve lingering concerns he had about the hotel magnate’s treatment.

Kinder also said he felt he was being “stonewalled” by Hammons business associates in the fall, when he investigated complaints that Hammons was being blocked from seeing his longtime friends.

“It’s now properly before the court,” Kinder said, referring to the petition filed Friday in Greene County Probate Court.

“I’m delighted to see the involvement of the public administrator as a possible guardian in this case, which is what a public administrator is supposed to do.”

Full Article and Source:
Lt. Gov Says He’s Still Concerned About John Q. Hammons

>Court-Appointed Attorney Soon to be Involved in Hammons Case

>An independent court-appointed attorney will soon talk to John Q. Hammons to assess his well-being and mental status, according to a local attorney familiar with guardianship cases.

If the case follows a typical path, the court appointed attorney, would then file a report with Greene County Probate Commissioner Carol Aiken, who decides whether a guardian should be appointed to handle Hammons’ personal – though not financial – affairs.

Attorney Elise Barker, who specializes in juvenile and adult guardianship cases in Springfield, said an independent attorney is always appointed by the courts when guardianship is an issue.

The action was triggered by a guardianship petition filed Friday by a group of Hammons’ friends.

They say the renowned Springfield hotelier is being prevented from seeing his friends by Jacqueline Dowdy, a longtime associate of Hammons who took over management of Hammons’ company last year.

Dowdy has said Hammons gave her durable power of attorney and medical power of attorney to handle his personal and medical decisions.

Barker said the court appointed attorney, Evelyn Mangan, would meet with Hammons “to talk about the guardianship petition and to see how Mr. Hammons feels about it.”

Full Article and Source:
Court-Appointed Attorney Likely to Check on John Q. Hammons

See Also:
Eight Petition for Guardianship for John Q. Hammons

>Eight Petition for Guardianship for John Q. Hammons

>As KOLR/KSFX first reported Friday, eight people have come forward regarding the care of John Q. Hammons.

They’re petitioning for the courts to intervene and put all health decisions into the care of a Greene County worker.

The petition calls out Jacquie Dowdy, Hammons’ longtime employee and current CEO of John Q. Hammons Hotels. She’s currently in charge of directing Hammons’ healthcare.

The petitioners accuse Dowdy of keeping Hammons in involuntary seclusion in Springfield. It’s a treatment his friends say needs to be evaluated.

The future of Hammons’ health care will go through a probate courtroom. the judge’s main charge: to find out if the 92-year-old is incapacitated.

“If they lack the capacity to be able to make good, informed, safe decisions for themselves, then we get appointed as guardian,” says Christian County Public Administrator Ken Davis.

Davis says a public administrator’s only interest is the well being of a person, which for Hammons, will be heard on March 22nd.

The petition does not deal with Hammons’ finances or his company’s finances — only his healthcare.

Full Article and Source:
Hammons Update: The Ends and Outs of Guardianship

See Also:
Friends of John Q. Hammons File Petition for Guardianship

Hammonds’ Friends Seek Answers on Eve of his 92nd Birthday

Read the Petition for Guardianship

>Former Lawyer Sentenced to Prison

>Before he sentenced Joe T. Buerkle to prison, Missouri appeals court Judge Gary D. Witt called the former local lawyer’s actions reprehensible.

Buerkle, a former Cape Girardeau and Jackson lawyer who stole $325,000 from a client’s trust fund, was sentenced to serve seven years in prison, but not before pleading to be assigned probation and allowed the opportunity find employment and begin paying restitution.

The state, represented by Dunklin County Prosecuting Attorney Stephen Sokoloff, and Stephen Wilson, Buerkle’s attorney, both acknowledged that Buerkle has paid $54,000 in restitution and has a $30,000 cash bond that could also be used.

“With God’s help I can do this, but I have to have a record I can walk into a potential employer with,” Buerkle told the judge at the Common Pleas Courthouse in Cape Girardeau. “I’m ashamed to be here. As a prosecuting attorney, a city attorney and a practicing attorney, I held the crime I’m charged with as one of the worst.”

Full Article and Source:
Former Area Lawyer Sentenced to 7 Years in Prison for Theft

See Also:
Third Judge Recusal in Lawyer Theft Case

>Former Missouri Public Administrator Sentenced for Theft

>A former southeast Missouri public administrator has been placed on probation for five years for stealing more than $35,000 from those under her care.

The Sikeston Standard Democrat reports that Nancy Pardon was also ordered to pay restitution at a hearing on Friday. She had earlier pleaded guilty to three theft-related charges.

Pardon was public administrator for New Madrid County before resigning in 2008. She was appointed guardian of the estate of Evelyn Barnes. The Missouri State Highway patrol says Pardon spent nearly all of Barnes’ money — more than $35,000 — on herself.

Source:
Former Southeast Missouri Public Administrator Sentenced for Theft

See Also:
Former Public Administrator Charged With Felony Theft