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Lawyer sentenced for theft, corrupt business practice

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A northeast Indiana attorney who pleaded guilty to stealing from his clients has been sentenced to 11 years in prison, with five and one-half of those years suspended to active probation.

Daniel E. Serban pleaded guilty in April to one count of felony theft and one count of corrupt business practice in Allen Superior Court in April. The Roanoke attorney was charged in September with failing to distribute money that had been paid into his law office’s trust account totaling $283,000. The Indiana Supreme Court suspended him in March.

Tim McCaulay, deputy prosecutor with the Allen County Prosecutor’s Office, said Serban received eight years on the corrupt business practice charge and three years on the theft charge to be served consecutively. Half of that sentence will be served on probation.

In addition to the five and one-half years Serban will serve in prison, he’s also been ordered to pay the $283,000 in full as restitution. A hearing is set for Friday related to the restitution order.

McCaulay said at the May 13 sentencing hearing it was discovered that Serban had recently sold his interest in a real estate partnership, and his wife had $60,000 in checks written from Serban’s attorney’s trust account in her purse as she sat in the courtroom. Those checks were given to the bailiff, who gave them to Serban’s attorney, Don Swanson, to hold until the May 20 hearing.

That hearing is to determine whether that money can be used toward the restitution order. McCaulay said Serban could have his probation period reduced if he pays the restitution order in full.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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