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

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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.
 

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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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