Lawyer convicted of raiding fiduciary account surrenders license
Peter Vieth//February 10, 2020//
An AV-rated Northern Virginia lawyer has agreed to disbarment after having been convicted of embezzling money belonging to a disabled widow.
Attorney Clifford J. Shoemaker held a power-of-attorney for an 86-year-old woman suffering from long-standing dementia, according to Shoemaker’s affidavit consenting to revocation of his license. Over four days in 2018, Shoemaker transferred $57,000 out of his trust account where he had deposited $142,506.82 in life insurance proceeds after the death of the woman’s husband.
Questioned about his handling of the couple’s finances, Shoemaker said he created altered statements to conceal his transfers. Later, he contended he had taken $30,450 in legal fees.
“It was never my intention to permanently retain the monies taken from [the widow’s] insurance proceeds (with the exception of legal fees) but I acknowledge that taking those monies constituted a misappropriation … in violation of my fiduciary duties,” Shoemaker said in an affidavit submitted to the Virginia State Bar Disciplinary Board.
Shoemaker said he paid the money back and kept no reimbursement for time or expenses. He said he spent about 300 hours assisting the widow with her personal needs.
Charged with felony embezzlement, Shoemaker pleaded nolo contendere to misdemeanor embezzlement on Jan. 15 in Fairfax County General District Court, records show. He received a 12-month suspended sentence. He was represented in court by Gary Moliken, the records show.
Shoemaker submitted his consent to revocation to the Disciplinary Board Feb. 7.
Shoemaker has an AV rating from Martindale-Hubbell. His listing shows he holds a BA and an MBA. He received his law degree in 1973 and an LLM in taxation in 1977.
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