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Valparaiso attorney charged with stealing $1.6M resigns

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A Valparaiso attorney charged with five counts of theft for allegedly stealing more than $1.6 million from business clients he represented has resigned from the Indiana bar.

Clark W. Holesinger, 52, tendered his resignation which was accepted last week by order of the Indiana Supreme Court. But the justices aren’t finished dealing with the Holesinger matter just yet.

The order dated March 12 does not specify the nature of the disciplinary proceeding against Holesinger. It notes, though, that his resignation affidavit “requires an acknowledgement that there is presently pending an investigation into or a proceeding involving allegations of misconduct and that (Holesinger) could not successfully defend himself if prosecuted” by the court’s Disciplinary Commission.

The commission filed no verified complaint against Holesinger – the public disclosure of disciplinary action – and the court order accepting his resignation is the only public information available about his disciplinary case, according to Supreme Court outreach coordinator Sarah Kidwell.

Under Indiana Admission and Discipline Rule 23(17), Holesinger’s resignation affidavit “shall not be publicly disclosed or made available for use in any other proceeding except upon order of this court.”

Holesinger was charged in February with four counts of Class C felony theft of more than $100,000, and the charges last week were amended to include a fifth count of Class D felony theft.

The charges are an outgrowth of a civil suit filed against Holesinger in Porter Superior Court on behalf of four Valparaiso businesses. Holesinger is accused of stealing more than $1.6 million over the past three years from companies owned by Chris Andrews. Holesinger had been Andrews’ family attorney since the mid-90s, according to the lawsuit.

That case is currently without a presiding judge. In January, Porter Superior 2 Judge William Alexa granted Holesinger’s motion for a special judge. Porter Superior 4 Judge David Chidester was assigned the case but declined jurisdiction. On Feb. 18, the court petitioned the Indiana Supreme Court for a special judge, but as of Monday, no special judge appointment was reflected on the docket.

Meanwhile, a second civil suit in Porter County accuses Holesinger of legal malpractice.


 

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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.

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