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Attorney’s attempt to expunge arrest record denied again

September 12, 2014

A Monroe County attorney who was arrested in 2008 on allegations of misconduct involving his clients and violations of the Indiana Securities Act was unsuccessful in his attempt to have similar charges filed in 2006 expunged.

In 2005, Philip H. Chamberlain was charged with the offer or sale of an unregistered security, a Class C felony, and with committing fraudulent or deceitful acts with the offer, sale or purchase of a security, a Class C felony. But the charges were dismissed in November 2006 on the state’s motion for reasons that are not explained in the record.

Chamberlain was later charged in 2008 with two counts of fraudulent sale of securities, one count of forgery, one count of sale of unregistered securities, and one count of unregistered investment advisor, all Class C felonies. He pleaded guilty in 2012 to one count of Class D felony counterfeiting and was sentenced to 540 days in the Department of Correction, with all but time served suspended; completion of 120 days of community service; and to pay $166 in court costs. He was also put on probation until August 2014.

According to the Office of the Indiana Secretary of State, a client of Chamberlain sought legal advice related to investing in rental properties. Chamberlain allegedly suggested his client loan Chamberlain and other people money for the development of a golf course and construction of a home in Lawrence County. Chamberlain never invested the money and was accused of stealing most of it. He allegedly forged an endorsement signature on one of the client’s checks and then deposited that check into his bank account.

The Indiana Supreme Court suspended Chamberlain in June 2013. That same month he filed a petition to restrict his arrest record, but he did not serve copies of the petition on the Indiana attorney general. The trial court denied his petition a month later. Service upon the AG’s office is mandatory. Since Chamberlain did not serve the attorney general, his service of process was ineffective, the COA ruled in Philip H. Chamberlain v. State of Indiana (NFP), 53A01-1309-CR-425.

The trial court did not have personal jurisdiction and could not enter any order in this case.
 

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