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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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