Chesterton Tribune

 

 

Charged in 2014 with theft of $1.5M; now accused of stealing from disabled child

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A former Valparaiso attorney accused last year of stealing more than $1.5 million from companies which had entrusted him with their financial affairs has been newly charged with misappropriating a medical-malpractice settlement of $600,000 awarded to a child permanently disabled during birth.

Clark Holesinger, 53, with a listed address of 505 Fordwick Lane, was charged on Monday with two counts of theft, each a Class C felony punishable by a term of two to eight years.

That makes a total of six counts of Class C theft, including the four filed against Holesinger in 2014.

According to the probable cause affidavit filed Det. Jeff Biggs of the Porter County Sheriff’s Police, in 2008 the mother of the boy--then 8--gave Holesinger a compensation check in the amount of $612,042.60, with the understanding that he would invest it with a local Christian financial planning service.

Early in 2014, however, after reading of Holesinger’s arrest on theft charges, the mother contacted the financial planner and learned that no account had ever been established in her son’s name, Biggs stated in his affidavit. And when she texted Holesinger for an explanation, he sent her this reply: “I can’t really respond but please have your attorney contact (a specifically named attorney) with demand letter.”

Biggs subsequently determined that Holesinger “endorsed the check and deposited the money in his personal/trust account” in 2008, apparently almost as soon as the mother gave it to him, the affidavit stated. “The current whereabouts of the money is unknown.”

The second theft count filed against Holesinger on Monday is similar. In 2012 a client of the New Creation Men’s Center--a charity for homeless men in Valparaiso, on whose board Holesinger sat and for which he acted as attorney--entrusted Holesinger, under a power of attorney, with his monthly Social Security disability payment of approximately $1,700. Those checks were deposited in a bank account, out of which Holesinger was supposed to pay the man’s rent and utility bills and then give him the balance to spend at his own discretion, Biggs stated.

In 2014 the man advised Biggs that Holesinger was not, in fact, making the remainder of the money available to him. At some point he accordingly rescinded the power of attorney.

Biggs later learned that, between February 2012--only a few days after the man had given him power of attorney--and February 2013 Holesinger had written seven checks payable to himself and totaling $33,931 and, on the same day in June 2013, two additional checks totaling $8,000 and payable to a pair of apartment buildings in Valparaiso, neither of them an authorized payee, the affidavit stated.

Previous Charges

The four theft counts filed against Holesinger in February 2014 are in connection with his employment as the business attorney for four firms, from which he is alleged to have stolen a total of $1,638,516.10.

In one case, a company owner learned of a problem when his bank placed a levy on the corporate account in the amount of $232,709.52, “due to a tax warrant for delinquent taxes,” Biggs stated in the probable cause affidavit.

Holesinger had been entrusted with calculating and paying that company’s tax liability but actually, a forensic account determined, he was not paying the taxes at all but cashing the checks himself, Biggs stated.

 

Posted 3/12/2015

 
 
 
 

 

 

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