FOR IMMEDIATE RELEASE

Case # 18CF0709

Date: April 16, 2018

DISBARRED ATTORNEY SENTENCED TO 120 DAYS JAIL AND FIVE YEARS OF FORMAL PROBATION FOR STEALING OVER $200,000 IN CLIENT FUNDS FOR PERSONAL USE

*Defendant was extradited to Orange County after moving to Idaho

SANTA ANA, Calif. – A disbarred attorney pleaded guilty today to grand theft and was sentenced to 120 days in county jail and five years of formal probation after stealing over $200,000 in client funds for personal use. The defendant was extradited to Orange County yesterday after moving to Idaho.

Defendant

Charges

Sentence

David Allen Hiersekorn, 49, Placentia

Pleaded guilty today to one felony count of:

  • Grand theft in excess of $200,000

Sentencing Enhancements

  • Property loss over $200,000

120 days in county jail

Five years of formal probation

Ordered to pay $213,784 in restitution

*Additional $50,000 in criminal restitution awarded to victim as part of plea

Circumstances of the Case

  • In February 2012, Jane Doe 1, an elderly woman, retained Hiersekorn to create her estate plan.
  • In March 2012, the defendant amended Jane Doe 1’s living trust to designate himself as the sole trustee of Jane Doe 1’s accounts.
  • In May 2012, Jane Doe 1 passed away and Hiersekorn gained control of the decedent’s assets.
  • Between June 25, 2012, and May 23, 2013, Hiersekorn failed to give a complete accounting of Jane Doe 1’s estate to Jane Doe 1’s daughter, Jane Doe 2, despite numerous requests, distributed only partial amounts of the assets in Jane Doe 1’s trust to her family, neglected to pay costs required for the upkeep of the decedent’s properties, and failed to properly settle the estate.
  • In September 2014, Jane Doe 2 filed a complaint with the State Bar of California (State Bar), claiming Hiersekorn misappropriated funds from the estate of Jane Doe 2’s deceased mother, Jane Doe 1.
  • The State Bar conducted an investigation after receiving complaints from Jane Doe 2, and the defendant was officially disbarred by the California Supreme Court on June 26, 2017.
  • The State Bar subsequently referred this case to the Orange County District Attorney’s Office.
  • On March 28, 2018, Hiersekorn was extradited to California after being arrested by the Boise Police Department in Boise, Idaho.

Prosecutor: Deputy District Attorney Michelle Lipton, Major Fraud Unit

 

 

 



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