ILNews

Valpo attorney charged with $1.6M theft held in contempt in civil suit

Back to TopCommentsE-mailPrintBookmark and Share

A Porter County lawyer allegedly stole more than $1.6 million from four companies owned by a client he represented for decades, according to criminal charges filed against him.

Meanwhile, the companies that Clark W. Holesinger of Valparaiso represented have filed separate civil tort and malpractice suits against him, and a judge this month held him in direct contempt for failing to appear at a hearing.

Holesinger, 52, was charged Feb. 12 with four counts of Class C felony theft in excess of $100,000. The charges were filed after the companies he represented – ITF LLC, Maridor LLC, North Star Stone Inc., and RBF Island Investment LLC – sued him in Porter Superior Court.

Charging information accuses Holesinger of stealing $817,962 from North Star Stone; $233,410 from RBF; $215,406 from ITF; and $371,736 from Maridor, with the earliest alleged thefts taking place in February 2011. All of the companies are located in Valparaiso and owned by Chris Andrews, according to the probable cause affidavit, which says Holesinger also had been Andrews’ family attorney since the mid-1990s.

Holesinger was the business attorney for North Star Stone, responsible for calculating tax liability and filing returns, among other things. North Star would provide checks on a monthly basis for Holesinger to cover tax liabilities and attorney fees.

But North Star, a maker of manufactured stone and fireplaces, late last year received a notice of levy for unpaid taxes and its business account was frozen. A forensic accountant discovered that for almost two years Holesinger had been cashing checks that North Star wrote to cover sales, payroll and corporate income taxes. Those taxes had gone unpaid, according to the probable cause affidavit.

With respect to the other companies Holesinger represented as a business attorney, he is accused of writing more than 68 unauthorized checks to himself as well as making unauthorized wire transfers.  

The civil tort suit details the numerous checks that were written to pay taxes but instead were allegedly converted to Holesinger’s use, including 97 exhibits of alleged misappropriation. The suit seeks treble damages, attorney fees and accounting costs.

The suit also names a fifth company, MLA LLC, that Holesinger is accused of stealing from while serving as business counsel. He allegedly stole $43,554 from that company by using personal computer transfer debits from the company’s bank account.

Porter Superior Judge William Alexa on Feb. 6 issued an ordered in the civil suit finding Holesinger in direct contempt of court for failing to appear at a Jan. 24 hearing on the plaintiffs’ petition for accounting.

Holesinger’s attorney in the civil action, Patrick Devine of Schererville, did not respond Monday to a message seeking comment. Calls to Holesinger’s law firm on Monday were directed to voice mail, and a message wasn’t immediately returned.

Holesinger was admitted to practice in 1987 and is listed on the Indiana Roll of Attorneys as active in good standing with no prior discipline.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

ADVERTISEMENT