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Thursday, May 27, 2010

Ind. Courts - Still more on: Criminal charges filed against Plymouth attorney

Updating this May 21, 2010 ILB entry that reported that Marshall Superior Court 1 Judge Robert Bowen had rejected a plea bargain in the case of suspended attorney Ronald Gifford, 59, of Plymouth, Virginia Ransbottom of the South Bend Tribune reports this afternoon:

PLYMOUTH — A judge accepted a plea bargain Thursday in the case of suspended attorney Ronald Gifford of Plymouth.

Pleading guilty to felony theft, two years of a three-year sentence were suspended with Gifford to serve the remaining year on monitored home detention.

The Plymouth attorney’s license was suspended in 2008 for forging IRS confirmations of tax-exempt status for Fairfield and Mentone Garden Court facilities, two low-income HUD housing projects. The projects incurred $17,000 in out-of-pocket expenses because of the deception.

Last year, Gifford was charged with felony theft from the account of the Wyland, Humphrey, Wagner and Clevenger law firm, where Gifford had been a partner. The theft involved checks written for about $100,000, which were eventually repaid.

Gifford, 59, must also serve 200 hours of community service and two years on probation.

Pleading guilty to misdemeanor deception, a one-year jail sentence was suspended with Gifford to serve one year of reporting probation and one year of non-reporting probation if community service and $17,000 in restitution are met in the first year.

Gifford cannot seek to reinstate his license as a practicing attorney until probation is served.

Marshall County Superior Court 1 Judge Robert Bowen rejected a plea agreement last week that would have dropped the felony theft charge to a misdemeanor, saying the lesser charge was not justifiable.

Bowen said Thursday in court that Gifford’s loss of standing in the community was not enough punishment.

"No matter his explanation, this was for a crime that boiled down to theft, dishonesty and a violation of trust over a long period of time for a lot of money," Bowen said. "It was not just once, it was a series of events covered up over time."

Posted by Marcia Oddi on May 27, 2010 07:16 PM
Posted to Indiana Courts