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Valparaiso attorney slapped with 5th felony charge

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Valparaiso attorney Clark Holesinger, charged last month with four felony counts alleging he stole more than $1.6 million from clients, now faces a fifth count alleging theft from another client.

Charges against Holesinger were amended Monday in Porter Superior Court to add a charge of Class D felony theft. Holesinger has pleaded not guilty to the charges, which also include four previously filed counts of Class C felony theft of more than $100,000.

A probable cause affidavit from the Porter County Sheriff’s Department led to the additional charge accusing Holesinger, 52, of skimming $6,313 last November from a client for whom he exercised power of attorney.

The client requested a transfer of $306,313 from a trust to a business account, but the probable cause accuses Holesinger of instead forging the client’s signature authorizing transfer of the sum to his trust account, then moving just $300,000 to the client’s business account.

Holesinger’s attorney, Thomas Vanes of Merrillville, could not be reached for comment early Tuesday.

The charges filed last month accuse Holesinger of stealing more than $1.6 million over the past three years from four businesses he represented. Charging information accuses Holesinger of stealing $817,962 from North Star Stone; $233,410 from RBF Island Investment LLC; $215,406 from ITF LLC; and $371,736 from Maridor LLC. 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.

A civil suit the businesses filed against Holesinger 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.

Admitted to practice in 1987, the Indiana Roll of Attorneys lists Holesinger’s law license status as active in good standing with no disciplinary history and no pending discipline.

 

 

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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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