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Judges order court to take second look at restitution attorney must pay

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A Monroe County attorney who pleaded guilty to Class D felony counterfeiting and ordered to pay $15,000 in restitution to a victim may not have to pay that full amount after the Indiana Court of Appeals Wednesday ordered the trial court to take another look at the restitution amount.

Bloomington attorney Philip H. Chamberlain was charged with five Class C felonies stemming from his involvement in the development of a golf course in Orleans, Ind., for which he was a consultant. The golf course was owned by Dwight Hart.

Chamberlain convinced acquaintance Shannon Ramey and his girlfriend Helen Fields, who own Dorothy Apartment Rentals, to invest money on behalf of their company into the golf course. Unbeknownst to Ramey, Fields or Hart, Chamberlain was cashing checks made out to the golf course and kept a portion of the money.

At one point, Hart loaned Chamberlain $5,000 for performing work as a consultant, money he never repaid.

At his sentencing and restitution hearing, Chamberlain explained he repaid Hart $25,500 before any criminal charges were filed against him. The trial court ordered him to pay Hart $15,000 in restitution, which included the $5,000 for the unpaid loan.

Chamberlain, pro se, appealed, claiming the loan shouldn’t be included in restitution because his counterfeiting conviction didn’t cover that incident. The Court of Appeals agreed in the not-for-publication opinion, Philip H. Chamberlain v. State of Indiana, 53A01-1305-CR-247.

“But because we do not have the transcript from Chamberlain’s guilty-plea hearing, we cannot consult the factual basis for his counterfeiting conviction to see what written instrument it covered. Without this information, we cannot determine the amount of restitution, if any, Hart is entitled to after taking into account that Chamberlain has already paid Hart $25,500. We must therefore remand this case to the trial court for it to determine the amount of restitution, if any, Hart is entitled to for the counterfeiting conviction only, taking into consideration Chamberlain’s $25,500 payment to Hart,” the appellate court ruled.  

Chamberlain received an interim suspension June 2013 pending final resolution of any resulting disciplinary action.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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