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Tuesday, June 30, 2015

Ind. Courts - More on "Former Richmond attorney arrested on 26 counts of theft"

Updating this ILB post from August 9, 2013, Mike Emery reports today in the Richmond Pal-Item, in a long story headed "Ex-attorney asks court to dismiss 27 charges." Some quotes:

Charles R. Hyde Jr., through his attorney, Austin Shadle, filed the motion to dismiss Monday in Wayne County Superior Court I. Judge Marianne L. Vorhees of Delaware County Circuit Court, who was appointed as a special judge in the case, will decide the motion.

Hyde has been charged with 26 counts of Class D felony theft and one Class C felony count of corrupt business influence.

Charges originally were announced on the Wayne County Prosecutor’s Office’s Facebook page on June 21, 2013. According to that post, “Mr. Hyde is accused of taking money from 14 clients who were seeking to file bankruptcy and failing to render legal services.”

Hyde resigned on May 25, 2012, from the practice of law with the Indiana bar through a filing to the Indiana Supreme Court. He is not permitted to petition for reinstatement in Indiana until five years after his resignation. * * *

The motion to dismiss lists several reasons for the court to throw out the 27 counts, including that the alleged offenses do not constitute theft, that the allegations fail to show Hyde had fraudulent intent, that he referred clients to another attorney to complete their bankruptcies, that some charges would amount to double jeopardy and that the statute of limitations had expired before some charges were filed.

The motion claims the state cannot prove theft occurred because the legal fees paid to Hyde became his property. The motion also says the charges against Hyde do not allege what portion of the fees should have been refunded to the clients, and would therefore have been stolen, because investigators did not determine how much legal work Hyde and his staff performed for each client.

Charges also do not sufficiently demonstrate Hyde knew when accepting the payments that he would not complete the performance of legal services, which he failed to do when he resigned his law license and his practice became defunct, according to the motion.

Posted by Marcia Oddi on June 30, 2015 09:54 AM
Posted to Indiana Courts