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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. 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?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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