James C. Dalton and Daniel J. Yarnall successfully represented the Estate of a client in a recent Orphans’ Court trial in the Chester County Court of Common Pleas. The case concluded with a favorable judgment for the Estate, highlighting the importance of seeking justice for those who have been exploited by trusted individuals.
The court found that the defendant, who provided tax preparation services to the client for over thirty years and had become a close friend, devised a scheme to receive nearly half a million dollars from the client under false pretenses. In 2018, facing significant personal debts, the defendant pitched a fraudulent real estate investment scheme to the client, resulting in the transfer of $380,000 in November and December of 2018. At trial, the court rejected the defendant’s claim that the monies were a gift, concluding that our attorneys proved that their client’s funds were misappropriated by the defendant for personal use, including investment in a vacation home and other properties.
The court also found that the evidence presented by the Estate’s attorneys established that the defendant created a fictitious company and manipulated tax returns in order to continue extracting money from the client, totaling an additional $112,000 in 2019. The scheme remained undiscovered until the client’s passing in late 2019.
Following a three-day trial, the Honorable Thomas McCabe found the defendant liable for civil fraud, breach of fiduciary duty, conversion/civil theft, and unjust enrichment. Judge McCabe ordered the defendant to repay the full amount of $492,000, plus interest, resulting in a total judgment exceeding $650,000. Additionally, the defendant was found to have destroyed evidence during the lawsuit and was ordered to pay a portion of the Estate’s attorney’s fees. “Despite the defendant’s shredding of client records after the litigation began, we were able to uncover the paper trail of our client’s funds through records subpoenaed from over a dozen banks, lenders, and individuals,” said James Dalton.
“Those who have been betrayed by their trusted advisors deserve justice, and Judge McCabe’s ruling delivers a strong message that those who violate their positions of trust will be held accountable,” said Daniel Yarnall.
The Estate was represented by James C. Dalton and Daniel J. Yarnall, both former prosecutors with extensive experience in litigation, including orphans’ court matters. This case underscores their commitment to advocating for victims of financial exploitation and ensuring that justice is served.
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