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Paralegal admits duping attorney into selling his practice for $20

by in News

Personal Injury News

Article Date: 5/22/2009 | Resource: MLG
Paralegal admits duping attorney into selling his practice for $20

“Man bought practice of 84-year-old lawyer, who is suffering from dementia, for $20, according to prosecutors”
A paralegal pleaded guilty Friday to duping an 84-year-old attorney – who was suffering from the onset of dementia – into selling his law office for a $20 bill, according to prosecutors.

Mario David Abernathy, 42, Garden Grove, was sentenced to two years in state prison for felony grand theft from an elderly person. He was also ordered to pay $15,300 in restitution to the victim. In addition, the grant deed and documents transferring the victim’s law practice, estate and finances to the defendant and his family were ordered to be declared null and void.

The Orange County Public Guardian obtained temporary conservatorship to protect the financial holdings of the attorney, whose wife of more than 50 years had recently died, in July 2008, according to a statement released Friday by the Orange County District Attorney’s Office.

Abernathy, who is informally trained as a paralegal, met the attorney in August 2008 and befriended the victim. Abernathy then started to take advantage of the victim’s deteriorating medical condition, according to District Attorney spokeswoman Farrah Emami.

While pretending to help the victim, Abernathy had the attorney name Abernathy’s mother and daughter as beneficiaries of his will, Emami said. He also had the victim sign a power of attorney granting Abernathy control of the victim’s financial assets and properties.
Abernathy also gave the victim a $20 bill as a down payment toward his law practice, which was valued at $750,000, Emami added. Escrow closed on the property, giving Abernathy ownership, Emami said.

In September 2008, the Orange County Public Guardian noticed an unauthorized withdrawal from the victim’s bank account and alerted Anaheim Police after they were unable to locate the attorney.
Anaheim police arrested Abernathy on Sept. 26, 2008, when they found him with the victim in a fast-food parking lot.

Prosecutors did not make public the name of the victim because of his medical condition and out of concern for his privacy.

Source:THE ORANGE COUNTY REGISTER

For more information regarding this article please contact:

Jeffrey Marquart
(949)589-0150
jmarquart@marquartlawgroup.com