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.