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Wednesday, June 10, 2009

JAILED LAWYER WHO STOLE MILLIONS SEEKING RELEASE


Cape Cod Times

Disbarred East Orleans lawyer Richard Birchall, who stole almost three million dollars from his client—and who was ordered jailed until he pays her back--is asking his state's highest court to spring him from the poky.

There is no actual evidence, he says in his brief, that he has any assets; yet he finds himself trapped in what amounts to "debtors prison" for 25 months and counting.

The defrocked barrister’s former client (and victim), Jennifer Vecchi, has a different perspective: That she has repeatedly proved in court that her dirt bag former lawyer has money and is just waiting out the court—albeit for two years.

Indeed, such stubbornness is not unprecedented among lawyers forced to chose between millions and freedom. As reported here, feisty barrister H. Beatty Chadwick was jailed until he tells his ex-wife’s attorney where $2.5 million in marital assets are hidden—and that was over 13 years ago! (This does not bode well for Jennifer Vecchi.)

Last year two legal experts agreed that Birchall can be held indefinitely on civil contempt until he pays or convinces another judge that he can't. (Apparently, the trial judge was unaware of a heartbreaking fact of life known by just about every criminal defense lawyer in private practice: Crooks don't save.)

Will the dirt bag former lawyer get sprung in time to enjoy some of his ill-gotten gain before his appellate attorneys can spend it all?

Do we really care?

Stay tuned.

HAT TIP: ABA Journal.
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Related: Free H. Beatty Chadwick

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