DISBARRED ATTORNEY CHARGED WITH GRAND THEFT AND UNAUTHORIZED PRACTICE OF LAW FOR STEALING OVER $200,000 IN CLIENT FUNDS FOR PERSONAL USE

SANTA ANA, Calif. – A disbarred attorney was charged with grand theft and unauthorized practice of law after stealing over $200,000 in client funds for personal use. The defendant was extradited to Orange County yesterday after moving to Idaho.

Defendant

Charges

Maximum Sentence

Court Date

David Allen Hiersekorn, 49, Placentia

Charged on March 12, 2018, with the following felony counts:

  • Grand theft in excess of $200,000
  • Unauthorized practice of law causing $2,950 in loss

Sentencing Enhancements

  • Over 100,000 in loss
  • Aggravated white collar crime over $100,000
  • Property loss over $200,000

Seven years and eight months in state prison

Pre-trial hearing

April 9, 2018, 8:30 a.m.

Department C-55, Central Justice Center, Santa Ana

Circumstances of the Case

  • In February 2012, Jane Doe 1, an elderly woman, retained Hiersekorn to create her estate plan.
  • In March 2012, the defendant is accused of amending Jane Doe 1’s living trust to designate himself as the sole trustee of Jane Doe 1’s accounts.
  • In May 2012, Jane Doe 1 passed away and Hiersekorn is accused of taking control of the decedent’s assets.
  • Between June 25, 2012, and May 23, 2013, Hiersekorn is accused of failing to give a complete accounting of Jane Doe 1’s estate to Jane Doe 1’s daughter, Jane Doe 2, despite numerous requests, distributing only partial amounts of the assets in Jane Doe 1’s trust to her family, neglecting to pay costs required for the upkeep of the decedent’s properties, and failing to properly settle the estate.
  • In September 2014, Jane Doe 2 filed a complaint with the State Bar of California (State Bar), claiming Hiersekorn misappropriated funds from the estate of Jane Doe 2’s deceased mother, Jane Doe 1.
  • In December 2014, Jane Doe 3 retained Hiersekorn to perform various legal services following the death of her husband.
  • On July 29, 2016, the defendant was involuntarily enrolled as an inactive member of the State Bar and suspended from practicing law in the State of California.
  • Hiersekorn is accused of continuing to represent himself as an attorney to Jane Doe 3, failing to disclose his suspension from the State Bar, and promising to perform additional legal services for the victim.
  • In October 2016, Jane Doe 3 mailed the defendant a check for $2,950 to resolve her deceased husband’s probate matters.
  • Hiersekorn is accused of using the victim’s client funds to purchase personal items, failing to perform legal services, and failing to respond to Jane Doe 3’s calls or emails.
  • The State Bar conducted an investigation after receiving complaints from Jane Doe 2 and Jane Doe 3, and the defendant was officially disbarred by the California Supreme Court on June 26, 2017.
  • The State Bar subsequently referred this case to the Orange County District Attorney’s Office.
  • On March 28, 2018, Hiersekorn was extradited to California after being arrested by the Boise Police Department in Boise, Idaho.

Prosecutor: Deputy District Attorney Michelle Lipton, Major Fraud Unit

*Defendant was extradited to Orange County after moving to Idaho

Orange County District Attorney / Case # 18CF0709 / March 29, 2018


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