KANSAS CITY, MO— A former-elected prosecutor pleaded guilty to stealing at least $540,000 from an elderly client
Attorney Richard Turner admitted using the money to pay off his mortgage, put in a swimming pool, make purchases from retail stores and restaurants and to support his business, Richard’s/TD Clothiers in Bethany, officials said Tuesday.
Turner pleaded guilty last week to one count of wire fraud and one count of false statements on his tax return. He also pleaded guilty to the information’s asset forfeiture count, officials said.
Through his plea agreement, the 39-year-old admitted he fraudulently tried to take at least $728,147.18 and he did steal at least $540,803.86, authorities said.
Federal prosecutor Tammy Dickinson said this was an extreme case of elder abuse.
“When those in positions of responsibility and trust abuse the elderly, we will bring the full resources of federal and state law enforcement to bring them to justice,” Dickinson said.
Adding, “Richard Turner violated the trust placed in him, using his elderly client’s trust account as a personal ATM,” Koster said. “Today’s guilty plea acknowledges the seriousness of this breach of trust.”
Turner is the former elected county prosecutor of Harrison County, and he was re-elected on Nov. 4.
Officials said Turner also admitted that he failed to pay taxes on the embezzled income, causing additional loss to the state and federal government of at least approximately $154,453.
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Federal prosecutors outlined the facts and circumstances surrounding this case:
- Turner admitted that from October 12, 2004 to May 29, 2014, he fraudulently attempted to obtain at least $728,147.18, and he did obtain at least $540,803.86, from his elderly client.
- He spent the money on personal expenses not authorized by his client, the client’s trust agreements, or his power of attorney, including paying off his home mortgage, putting in a swimming pool, and spending heavily at retail establishments and restaurants in Bethany, St. Joseph, and Kansas City, Mo., including to support his clothing store, Richard’s / TD Clothiers, in Bethany, Mo.
- Turner further admitted that he failed to pay taxes on the embezzled income, causing additional loss to the state and federal government of at least approximately $154,453.
- On October 12, 2004, a Durable Power of Attorney or DPOA was created for an elderly client naming Richard F. Turner as her attorney-in-fact.
- The DPOA specified that it, “shall become effective ONLY upon (Mrs. Bush’s) subsequent incapacity . . . .”
- The DPOA granted Turner the ability to conduct financial transactions and pay taxes on behalf of Mrs. Bush, and to conduct business in which she is an interested party. On May 10, 2010, Mrs. Bush became a resident at the Crestview Home, a skilled nursing facility, located in Bethany, Mo. Records reflect that she was suffering short-term memory impairment at the time of her admission.
Embezzlement Scheme
Through his plea, Turner admitted that from 2005 to 2011, his income diminished but his spending increased.
On January 19, 2011, Turner received a foreclosure notice for his Bank of America mortgage concerning his personal residence. On January 31, 2011, Turner filed for Chapter 13 bankruptcy protection in Missouri.
On March 3, 2011, Turner created the Dorothy A. Bush Revocable Trust, naming Mrs. Bush as the “Settler,” and himself as the“Trustee.”
At the time, according to the plea agreement, Bush was suffering from memory problems. The trust appears to have been signed by Bush; however, Turner notarized the signature himself.
No other witnesses were listed. The Trust authorized the Trustee to make payments from the Trust assets for the “care, maintenance and comfort,” of Bush.
It allowed the trustee to sell assets, invest funds, sell property, pay debts, and to act “generally in the management of the trust estate to do all acts and things which he/she deems for the best interests of the trust.”
Turner was not himself a beneficiary under the terms of the trust, nor was he authorized under the trust to make personal expenditures.
Upon Bush’s death, the Trust provided for the distribution of her remaining assets to various persons and charitable organizations, including family members, friends, the Salvation Army, Masonic Home of Missouri, Northwest Missouri State University, and multiple churches.
One week after the trust was set up, on March 10, 2011, doctors declared Bush incapacitated.
In the summer of 2011, Turner admitted that he made arrangements to sell Bush’s farmland, while intending to embezzle some or all of the proceeds.
On July 12, 2011, Turner’s bankruptcy case was dismissed on his own motion.
On July 29, 2011, Turner opened an individual checking account for Bush at Farmers Bank. He deposited a $576,329.11 check from Missouri Land Title Company constituting proceeds from the sale of Bush’s farmland.
On August 12, 2011, Turner wire transferred $370,000 from Bush’s account, and began a series of illegal wire transfers from that account, officials noted.
In all, from August 16, 2011, to December 17, 2013, Turner debited $520,137.64 from his Bank of America account, resulting in a negative balance of $85.75 on December 21, 2013.
Here is How Turner Spent His Client’s Money
A total of $327,400 went to pay off and improve Turner’s home, including the swimming pool.
He spent $22,843 at Wal-Mart, $14,667 on retail electronics, $8,430 to pay off his credit cards, $13,324 on automotive expenses (including maintenance for his 2005 GMC Hummer), $9,516 on fuel and convenience stores, $5,805 at restaurants, $6,546 on travel, and $19,014 on clothing, including for items to sell in his store, Richard’s / TD Clothiers.