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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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