DA: Wilton lawyer who stole from client sentenced to year, lost law license – The Daily Gazette - The Daily Gazette
BALLSTON SPA — A Wilton lawyer was sentenced Thursday to a year in prison and paid more than $860,000 in restitution to a client from whom she stole during a five-year span.
Ellen K. Zwijacz, 43, was sentenced to 364 days in the Saratoga County Correctional Facility by Judge James A. Murphy III in Saratoga County Court.
Zwijacz pleaded guilty to grand larceny in the second degree, a felony violation, on Nov. 1.
Zwijacz took money from her client and client’s estate from March 2013 through July 2018, Saratoga County District Attorney Karen Heggen said in a statement.
Restitution of $864,581 was paid in full on Zwijacz’s behalf prior to sentencing.
Zwijacz appeared to work as a sole practitioner from her Wilton home. An online listing for her said she specialized in tax preparation, particularly for small businesses.
“I am very pleased this conviction holds the defendant responsible, and because of the felony conviction, will no longer have a license to practice law,” Heggen said.
Zwijacz pled guilty with the understanding she could have been sentenced from a range of six months to up to three years in prison if she paid restitution and surrendered her license to practice law, Heggen said.
Zwijacz admitted that she transferred control of the victim’s funds, using fraudulent legal documents. Prosecutors did not identify the victim.
Zwijacz submitted documents to an insurance company to change the address and beneficiary information on life insurance policies so that she received her client’s correspondences and benefits.
The defendant also used her position as an attorney for the client‘s estate to file inaccurate probate documents aimed at concealing the theft, the district attorney said.
“Law enforcement [was] able to investigate this case thoroughly through the use of bank records and insurance documents that painted a picture of years of fraudulent activity,” Heggen said. “The defendant was a trusted advisor and friend to the victim and used both her position as attorney and her personal relationship with the victim to defraud the victim.”
Heggen said the case should be used as an example to those working in fiduciary relationships – that if they exploit that trusted relationship, there will be severe consequences.
The DA praised the work of the New York State Police Financial Crimes Unit.
The case was prosecuted by Assistant District Attorney Sarah J. Leszczynski. Zwijacz was represented by Julie A. Nociolo.
source: https://dailygazette.com/2022/01/06/da-wilton-lawyer-who-stole-from-client-sentenced-to-year-lost-law-license/
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