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Justices adopt repayment plan in UPL case

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The Indiana Supreme Court has adopted a repayment plan for an Indianapolis company it found engaged in the unauthorized practice of law, ordering officials to reimburse the state bar association and former clients during the next six years.

An order came Jan. 20 in State ex rel. Indiana State Bar Association v. United Financial Systems Corp., et al., No. 94S00-0810-MS-551, the latest, and possibly final, court action in a case that has been ongoing for more than three years. The justices found nearly two years ago that United Financial Systems Corp. engaged in UPL through an estate planning “trust mill” by how it sold wills and estate planning services. The justices ordered past customers be refunded, but that didn’t happen and former Monroe Circuit Judge Viola Taliaferro was appointed to preside over the case.

She submitted a 61-page report to the justices in December that outlined the repayment plan. The report found the company still owed nearly $2.4 million and that the Office of the Indiana Attorney General should be allowed to disburse half of the refunds immediately and the other half when the money’s available over the course of several years.

In July 2011, she found the officials at United Financial Systems hadn’t complied with the Supreme Court’s order in April 2010 to repay past estate planning customers. But she held off on finding the company and its officials — Richard Follett, Jayne Follett, Richard Follett II and Beau Follett — in contempt in the December 2011 order. The Supreme Court agreed that the United Financial leaders wouldn’t be held in contempt if they complied with the repayment plan.

Finding that the Folletts asserted “frivolous, unreasonable and groundless arguments in an effort to delay issuing refunds,” Taliaferro decided that the ISBA is entitled to recover its attorney fees and costs incurred in enforcing the Supreme Court’s original April 2010 order.

In Taliaferro’s December 2011 order, she determined the Folletts owe $2,391,808.17. The ISBA is still owed $115,000 as of Dec. 14. The justices on Jan. 13 ordered United Financial pay the Indiana Supreme Court $16,002.95 for the costs of the proceeding against it. Specifically, the order calculated the costs to entail $14,978.45 for the commissioner fees and expenses and $1,024.50 for court reporter and related court costs.

Some payments have already begun under the payment plan’s terms, and United Financial must now pay the ISBA $5,000 per month through November 2013. The order also details specific payments that must be made through 2018 when the final payments are supposed to be made to the Office of the Indiana Attorney General. If Richard and Jayne Follett sell their former Boone County home that’s listed for sale, the net proceeds are to be made as part of the payments toward the remaining refund amount.

 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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