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Valpo attorney charged with $1.6M theft held in contempt in civil suit

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A Porter County lawyer allegedly stole more than $1.6 million from four companies owned by a client he represented for decades, according to criminal charges filed against him.

Meanwhile, the companies that Clark W. Holesinger of Valparaiso represented have filed separate civil tort and malpractice suits against him, and a judge this month held him in direct contempt for failing to appear at a hearing.

Holesinger, 52, was charged Feb. 12 with four counts of Class C felony theft in excess of $100,000. The charges were filed after the companies he represented – ITF LLC, Maridor LLC, North Star Stone Inc., and RBF Island Investment LLC – sued him in Porter Superior Court.

Charging information accuses Holesinger of stealing $817,962 from North Star Stone; $233,410 from RBF; $215,406 from ITF; and $371,736 from Maridor, with the earliest alleged thefts taking place in February 2011. All of the companies are located in Valparaiso and owned by Chris Andrews, according to the probable cause affidavit, which says Holesinger also had been Andrews’ family attorney since the mid-1990s.

Holesinger was the business attorney for North Star Stone, responsible for calculating tax liability and filing returns, among other things. North Star would provide checks on a monthly basis for Holesinger to cover tax liabilities and attorney fees.

But North Star, a maker of manufactured stone and fireplaces, late last year received a notice of levy for unpaid taxes and its business account was frozen. A forensic accountant discovered that for almost two years Holesinger had been cashing checks that North Star wrote to cover sales, payroll and corporate income taxes. Those taxes had gone unpaid, according to the probable cause affidavit.

With respect to the other companies Holesinger represented as a business attorney, he is accused of writing more than 68 unauthorized checks to himself as well as making unauthorized wire transfers.  

The civil tort suit details the numerous checks that were written to pay taxes but instead were allegedly converted to Holesinger’s use, including 97 exhibits of alleged misappropriation. The suit seeks treble damages, attorney fees and accounting costs.

The suit also names a fifth company, MLA LLC, that Holesinger is accused of stealing from while serving as business counsel. He allegedly stole $43,554 from that company by using personal computer transfer debits from the company’s bank account.

Porter Superior Judge William Alexa on Feb. 6 issued an ordered in the civil suit finding Holesinger in direct contempt of court for failing to appear at a Jan. 24 hearing on the plaintiffs’ petition for accounting.

Holesinger’s attorney in the civil action, Patrick Devine of Schererville, did not respond Monday to a message seeking comment. Calls to Holesinger’s law firm on Monday were directed to voice mail, and a message wasn’t immediately returned.

Holesinger was admitted to practice in 1987 and is listed on the Indiana Roll of Attorneys as active in good standing with no prior discipline.
 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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