Former Attorney Gets Suspended Sentences On Fraud, Theft Charges

February 29, 2020 at 3:40 a.m.
Former Attorney Gets Suspended Sentences On Fraud, Theft Charges
Former Attorney Gets Suspended Sentences On Fraud, Theft Charges

By Amanda [email protected]

PLYMOUTH – Former Warsaw attorney Scott Lennox was sentenced Friday and walked out of the courthouse when it was over.

Lennox, 50, of St. Clair, Mich., appeared in front of Marshall County Superior Court II Special Judge Dean Colvin Friday and was sentenced to six years in the Indiana Department of Corrections for two Level 5 felony fraud on a financial institution convictions, with it all suspended except one year suspended to probation; and to six years each in the IDOC for five Level 6 felony theft convictions, with all suspended except one year suspended to probation.

Lennox also owes restitution in the amount of $51,088.82. Of that, $14,621.71 will be paid to Lennox’s former law firm partners, Matthew Buehler and Joseph Sobek, who once owned Lennox, Sobek and Buehler Law Firm in Warsaw; $1,968 will be paid to Lake City Bank; and $34,481.81 will be paid to former clients of Lennox. However, that number could increase, as prosecutors received time to continue gathering names of victims and how that money should be dispersed.

If Lennox can pay his restitution in the timeframe of his probation terms or earlier, he will be able to be released early from probation and file a motion to get his conviction expunged.

Lennox was disbarred by the Indiana Supreme Court on Nov. 15 for noncooperation with the Disciplinary Commission.

Special Elkhart County Prosecuting Attorney Vicki Becker said after court that Lennox will never practice law again and what he did is a disgrace to the legal profession. Becker also said that in cases with charges like these, the defendant rarely sees jail time because the goal of the state is to get the victims paid back.

It came out in court Friday that Lennox is employed, according to his attorney, Alexander Hoover, of Walter Law Office in Nappanee. He said Lennox sells cars at a dealership in Michigan.

“Certainly, Mr. Lennox’s behavior put a stain on the entire legal profession, and it’s very concerning,” Becker told the judge Friday.

Lennox, who appeared in court looking relaxed, often reclining in his seat and taking more notes than his own lawyer, made a statement to the judge.

“It’s obviously a surreal moment for me. I was trying to maintain an insane level of living for a very long time,” Lennox said, adding that instead of “going about it the right way ... I saw everything crash and burn. The bottom line is, I have no excuse. I’m embarrassed, I’m ashamed and I?want to apologize to the judges in the case. I burned out at this job and on my life. I apologize.”

When pressed by Colvin how he plans to pay back the restitution, Lennox said he is motivated to get it paid and that he will start making payments toward the bill next month.

“This has been one of the toughest cases to have and the judgment of one of our own,” Colvin said, saying Lennox was an attorney who was meant to be trusted. “It’s disappointing. I’ve been here 34 years now, and I’ve had you in this court from time to time,” the judge said, saying it seems that during Lennox’s career he has had some successful times. “But behind the scenes, behind the curtain, this is a black moment in your life and a black moment in the profession. If you’re here again without the restitution paid, it’s not gonna be a good day.”

Two representatives from Lake City Bank were present at Friday’s sentencing, along with a Leesburg man named David DeLong who said he came to see justice be served. The LCB employees declined to comment.

DeLong dealt with Lennox when Lennox represented DeLong’s ex-wife, the man said, and accused Lennox of “dragging the case on and on and on and filing frivolous crap. He’s the biggest piece of crap you’ll ever want to meet. He’s lied and lied and lied and lied. I came today because I wanted to see somehow that there could be justice served for the things that he did in this case but also for the garbage he put my family through.”

After the court proceedings were finished, Lennox was overheard complaining that he’s going to “go get some sleep. I’ve been up since like 4 a.m. It’s a 5-1/2 hour drive to court,” from his Michigan home.

Lennox will serve his probation through the Marshall County Probation Department.

Lennox currently has six open civil cases filed in Kosciusko County courts against him.

According to court papers, on Nov. 27, Warsaw Police Department Det. Sgt. Ryan Coble met with attorney Matthew Buehler who said he is a partner in the law firm with Joseph Sobek and Lennox. Buehler said Lennox had illegally taken money from three trust funds and also had taken money from the business account of Lennox, Sobek and Buehler LLC.

Buehler said that on about Dec. 21, 2017, Lennox, Sobek and Buehler law firm opened an Interest On Lawyers Trust Accounts (IOLTA) with Lake City Bank. IOLTA accounts are trust accounts for attorneys for the short-term holding of client funds not yet earned or disbursed, according to court documents. The Indiana Professional Rules of Conduct govern the use of trust accounts and prohibit the use of IOLTA funds unless earned or matured for disbursement. However, on Oct. 30, 2018, Buehler found that Lennox was removing money from the trust account for personal use. Buehler removed Lennox from the trust account on Nov. 15, 2018, so that Buehler was the only person authorized to access the trust account funds.

Buehler said he was notified by the law firm’s bookkeeper, Amy Slone, that Lennox made a cash withdraw on Oct. 30, 2018, of $5,500 from the trust account, of which $5,000 had then been deposited into the law firm’s business account, but no fees had been earned to justify the withdrawal.

Numerous withdrawals from the business account appeared to have been made by Lennox for personal expenses.

Buehler also said that on Nov. 7, 2018, Lennox made a cash withdraw of $3,500 from the trust account and $3,000 was deposited into the law firm’s business account. Again, numerous personal expenses for Lennox were taken from the law firm’s account. Buehler said about Nov. 8, 2018, Lennox made a cash withdraw of $4,000 from the trust account and $3,500 was deposited into the law firm’s business account. Buehler said Lennox had no justification to remove any of the money from the trust account as no fees had been earned from it nor disbursements to clients were justified  at that time.

On Nov. 21, 2018, Lennox made an online transaction from the trust account to Lennox’s personal Verizon wireless account for $1,620.71, Buehler also said.

Kosciusko County Sheriff’s Office Det. Shane Bucher spoke with a woman concerning the law firm trust account. She confirmed the dates the account was opened and the date Lennox was removed from the trust account. She said on Nov. 15, 2018, Lennox attempted to withdraw funds from the trust account and was told by a LCB manager that he was no longer an approved signor on the account.

The woman further advised that on Nov. 21, 2018, Lennox went to LCB’s main branch in Warsaw and presented a typed document specifically claiming authorization to add his name back on the trust account. Buehler had not given authority to Lennox to do so. The manager told Lennox that Buehler had removed him from the account and Lennox was no longer able to do transactions on the trust account. However, on Nov. 23, 2018, Lennox presented and cashed a check from the law firm trust account, made payable to him, for $1,243 at the LCB east branch. The check was endorsed by Lennox.

On Nov. 26, 2018, Lennox presented and cashed a check at the Columbia City LCB from the law firm trust account made payable to Lennox for $743. It also was endorsed by him.

The woman said Lennox cashed the two checks made payable to him after being told he was no longer a signor on the law firm’s trust account. The bank credited the law firm’s trust account and took a loss of $1,986. LCB is a federally insured financial institution.

On Nov. 29, 2018, Coble spoke with Slone who said the firm also is the administrator of the Reed & Earhart IOLTA and the Reed, Earhart, Lennox and Barrett IOLTA, both older IOLTAs from Lennox’s prior law firms.

Slone said that on Dec. 14, 2016, at Lennox’s direction, she wrote a check to Bowers Jewelry for $7,000 and another check to The Car Company for $6,000 and Lennox signed both checks. The checks were written on Reed & Earhart’s IOLTA. She said Bowers Jewelry was not a client and had never been a client of the law firm. She said the check to Bowers Jewelry was for an engagement ring and the check to The Car Company was payment for Lennox’s son’s vehicle.

On April 16, 2019, Lennox was found in a motel room in West Lansing, Mich., and was extradited back to Indiana to face those charges and a failure to appear charge in Marshall Superior Court. Lennox bonded out at that time.

PLYMOUTH – Former Warsaw attorney Scott Lennox was sentenced Friday and walked out of the courthouse when it was over.

Lennox, 50, of St. Clair, Mich., appeared in front of Marshall County Superior Court II Special Judge Dean Colvin Friday and was sentenced to six years in the Indiana Department of Corrections for two Level 5 felony fraud on a financial institution convictions, with it all suspended except one year suspended to probation; and to six years each in the IDOC for five Level 6 felony theft convictions, with all suspended except one year suspended to probation.

Lennox also owes restitution in the amount of $51,088.82. Of that, $14,621.71 will be paid to Lennox’s former law firm partners, Matthew Buehler and Joseph Sobek, who once owned Lennox, Sobek and Buehler Law Firm in Warsaw; $1,968 will be paid to Lake City Bank; and $34,481.81 will be paid to former clients of Lennox. However, that number could increase, as prosecutors received time to continue gathering names of victims and how that money should be dispersed.

If Lennox can pay his restitution in the timeframe of his probation terms or earlier, he will be able to be released early from probation and file a motion to get his conviction expunged.

Lennox was disbarred by the Indiana Supreme Court on Nov. 15 for noncooperation with the Disciplinary Commission.

Special Elkhart County Prosecuting Attorney Vicki Becker said after court that Lennox will never practice law again and what he did is a disgrace to the legal profession. Becker also said that in cases with charges like these, the defendant rarely sees jail time because the goal of the state is to get the victims paid back.

It came out in court Friday that Lennox is employed, according to his attorney, Alexander Hoover, of Walter Law Office in Nappanee. He said Lennox sells cars at a dealership in Michigan.

“Certainly, Mr. Lennox’s behavior put a stain on the entire legal profession, and it’s very concerning,” Becker told the judge Friday.

Lennox, who appeared in court looking relaxed, often reclining in his seat and taking more notes than his own lawyer, made a statement to the judge.

“It’s obviously a surreal moment for me. I was trying to maintain an insane level of living for a very long time,” Lennox said, adding that instead of “going about it the right way ... I saw everything crash and burn. The bottom line is, I have no excuse. I’m embarrassed, I’m ashamed and I?want to apologize to the judges in the case. I burned out at this job and on my life. I apologize.”

When pressed by Colvin how he plans to pay back the restitution, Lennox said he is motivated to get it paid and that he will start making payments toward the bill next month.

“This has been one of the toughest cases to have and the judgment of one of our own,” Colvin said, saying Lennox was an attorney who was meant to be trusted. “It’s disappointing. I’ve been here 34 years now, and I’ve had you in this court from time to time,” the judge said, saying it seems that during Lennox’s career he has had some successful times. “But behind the scenes, behind the curtain, this is a black moment in your life and a black moment in the profession. If you’re here again without the restitution paid, it’s not gonna be a good day.”

Two representatives from Lake City Bank were present at Friday’s sentencing, along with a Leesburg man named David DeLong who said he came to see justice be served. The LCB employees declined to comment.

DeLong dealt with Lennox when Lennox represented DeLong’s ex-wife, the man said, and accused Lennox of “dragging the case on and on and on and filing frivolous crap. He’s the biggest piece of crap you’ll ever want to meet. He’s lied and lied and lied and lied. I came today because I wanted to see somehow that there could be justice served for the things that he did in this case but also for the garbage he put my family through.”

After the court proceedings were finished, Lennox was overheard complaining that he’s going to “go get some sleep. I’ve been up since like 4 a.m. It’s a 5-1/2 hour drive to court,” from his Michigan home.

Lennox will serve his probation through the Marshall County Probation Department.

Lennox currently has six open civil cases filed in Kosciusko County courts against him.

According to court papers, on Nov. 27, Warsaw Police Department Det. Sgt. Ryan Coble met with attorney Matthew Buehler who said he is a partner in the law firm with Joseph Sobek and Lennox. Buehler said Lennox had illegally taken money from three trust funds and also had taken money from the business account of Lennox, Sobek and Buehler LLC.

Buehler said that on about Dec. 21, 2017, Lennox, Sobek and Buehler law firm opened an Interest On Lawyers Trust Accounts (IOLTA) with Lake City Bank. IOLTA accounts are trust accounts for attorneys for the short-term holding of client funds not yet earned or disbursed, according to court documents. The Indiana Professional Rules of Conduct govern the use of trust accounts and prohibit the use of IOLTA funds unless earned or matured for disbursement. However, on Oct. 30, 2018, Buehler found that Lennox was removing money from the trust account for personal use. Buehler removed Lennox from the trust account on Nov. 15, 2018, so that Buehler was the only person authorized to access the trust account funds.

Buehler said he was notified by the law firm’s bookkeeper, Amy Slone, that Lennox made a cash withdraw on Oct. 30, 2018, of $5,500 from the trust account, of which $5,000 had then been deposited into the law firm’s business account, but no fees had been earned to justify the withdrawal.

Numerous withdrawals from the business account appeared to have been made by Lennox for personal expenses.

Buehler also said that on Nov. 7, 2018, Lennox made a cash withdraw of $3,500 from the trust account and $3,000 was deposited into the law firm’s business account. Again, numerous personal expenses for Lennox were taken from the law firm’s account. Buehler said about Nov. 8, 2018, Lennox made a cash withdraw of $4,000 from the trust account and $3,500 was deposited into the law firm’s business account. Buehler said Lennox had no justification to remove any of the money from the trust account as no fees had been earned from it nor disbursements to clients were justified  at that time.

On Nov. 21, 2018, Lennox made an online transaction from the trust account to Lennox’s personal Verizon wireless account for $1,620.71, Buehler also said.

Kosciusko County Sheriff’s Office Det. Shane Bucher spoke with a woman concerning the law firm trust account. She confirmed the dates the account was opened and the date Lennox was removed from the trust account. She said on Nov. 15, 2018, Lennox attempted to withdraw funds from the trust account and was told by a LCB manager that he was no longer an approved signor on the account.

The woman further advised that on Nov. 21, 2018, Lennox went to LCB’s main branch in Warsaw and presented a typed document specifically claiming authorization to add his name back on the trust account. Buehler had not given authority to Lennox to do so. The manager told Lennox that Buehler had removed him from the account and Lennox was no longer able to do transactions on the trust account. However, on Nov. 23, 2018, Lennox presented and cashed a check from the law firm trust account, made payable to him, for $1,243 at the LCB east branch. The check was endorsed by Lennox.

On Nov. 26, 2018, Lennox presented and cashed a check at the Columbia City LCB from the law firm trust account made payable to Lennox for $743. It also was endorsed by him.

The woman said Lennox cashed the two checks made payable to him after being told he was no longer a signor on the law firm’s trust account. The bank credited the law firm’s trust account and took a loss of $1,986. LCB is a federally insured financial institution.

On Nov. 29, 2018, Coble spoke with Slone who said the firm also is the administrator of the Reed & Earhart IOLTA and the Reed, Earhart, Lennox and Barrett IOLTA, both older IOLTAs from Lennox’s prior law firms.

Slone said that on Dec. 14, 2016, at Lennox’s direction, she wrote a check to Bowers Jewelry for $7,000 and another check to The Car Company for $6,000 and Lennox signed both checks. The checks were written on Reed & Earhart’s IOLTA. She said Bowers Jewelry was not a client and had never been a client of the law firm. She said the check to Bowers Jewelry was for an engagement ring and the check to The Car Company was payment for Lennox’s son’s vehicle.

On April 16, 2019, Lennox was found in a motel room in West Lansing, Mich., and was extradited back to Indiana to face those charges and a failure to appear charge in Marshall Superior Court. Lennox bonded out at that time.
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