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Valparaiso attorney charged with stealing $1.6M resigns

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A Valparaiso attorney charged with five counts of theft for allegedly stealing more than $1.6 million from business clients he represented has resigned from the Indiana bar.

Clark W. Holesinger, 52, tendered his resignation which was accepted last week by order of the Indiana Supreme Court. But the justices aren’t finished dealing with the Holesinger matter just yet.

The order dated March 12 does not specify the nature of the disciplinary proceeding against Holesinger. It notes, though, that his resignation affidavit “requires an acknowledgement that there is presently pending an investigation into or a proceeding involving allegations of misconduct and that (Holesinger) could not successfully defend himself if prosecuted” by the court’s Disciplinary Commission.

The commission filed no verified complaint against Holesinger – the public disclosure of disciplinary action – and the court order accepting his resignation is the only public information available about his disciplinary case, according to Supreme Court outreach coordinator Sarah Kidwell.

Under Indiana Admission and Discipline Rule 23(17), Holesinger’s resignation affidavit “shall not be publicly disclosed or made available for use in any other proceeding except upon order of this court.”

Holesinger was charged in February with four counts of Class C felony theft of more than $100,000, and the charges last week were amended to include a fifth count of Class D felony theft.

The charges are an outgrowth of a civil suit filed against Holesinger in Porter Superior Court on behalf of four Valparaiso businesses. Holesinger is accused of stealing more than $1.6 million over the past three years from companies owned by Chris Andrews. Holesinger had been Andrews’ family attorney since the mid-90s, according to the lawsuit.

That case is currently without a presiding judge. In January, Porter Superior 2 Judge William Alexa granted Holesinger’s motion for a special judge. Porter Superior 4 Judge David Chidester was assigned the case but declined jurisdiction. On Feb. 18, the court petitioned the Indiana Supreme Court for a special judge, but as of Monday, no special judge appointment was reflected on the docket.

Meanwhile, a second civil suit in Porter County accuses Holesinger of legal malpractice.


 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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