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In re Dickens

Court of Appeals of The District of Columbia

December 7, 2017

In re Dorrance Dickens, Respondent, and In re Deborah Luxenberg, Respondent. (Bar Registration Nos. 450751, 215657)

          Argued April 25, 2017

         On Report and Recommendation of the Board on Professional Responsibility (BDN-271-11, BDN-10-12, BDN-11-12, and BDN-272-11)

          Richard J. Berwanger, Jr., with whom Edward J. Hutchins, Jr., was on the brief, for Respondent Luxenberg.

          Julia L. Porter, Senior Assistant Disciplinary Counsel, with whom Wallace E. Shipp, Jr., Disciplinary Counsel at the time the brief was filed, and Jennifer P. Lyman, Senior Assistant Disciplinary Counsel, were on the brief, for the Office of Disciplinary Counsel.

          Before Glickman and Fisher, Associate Judges, and Reid, Senior Judge.

          Reid, Senior Judge

         This attorney disciplinary case involves the main partner in a small law firm, respondent Deborah Luxenberg, and an attorney, respondent Dorrance Dickens, who started at the firm as a law clerk but became an associate and eventually a partner. Disciplinary Counsel[1] charged Ms. Luxenberg with several violations of the District of Columbia Rules of Professional Conduct after Mr. Dickens allegedly stole at least $1, 434, 298.50 from three estates, including that of Ms. Luxenberg's client, Michelle Seltzer. Following his theft, Mr. Dickens fled to an island outside of the United States.

         The Board on Professional Responsibility ("the Board") has recommended that Mr. Dickens be disbarred from the practice of law due to his violation of multiple rules of professional conduct, including Rule 1.15 (a) and (c), commingling and misappropriation, and Rule 8.4 (c), conduct involving dishonesty, fraud, deceit, or misrepresentation.[2] The Board also has recommended that Ms. Luxenberg be suspended from the practice of law for six months due to her violation of Rules 1.3 (a), 5.1 (a), and 5.1 (c)(2), relating to the responsibility of partners in law firms to ensure competency and ethical behavior by attorneys in the firm.

         Ms. Luxenberg argues on appeal that the Board erred by (1) considering evidence from disciplinary matters to which she was not a party; (2) finding that she violated Rules 1.3 (a), 5.1 (a), and 5.1 (c); and (3) recommending a "harsh" sanction that is inconsistent with this court's case law and that is greater than the 45-day sanction recommended by the Board's Hearing Committee. Disciplinary Counsel argues that the Board erred by failing to find that Ms. Luxenberg also violated Rules 1.3 (b)(1) and (2) pertaining to (a) a lawyer's intentional failure to seek the lawful objectives of a client and (b) prejudice or damage to the client; Rule 1.7 (b)(4) concerning a lawyer's representation of a client where the lawyer's professional judgment may be affected by her own interest; and Rule 8.4 (a) regarding a lawyer's professional misconduct by knowingly assisting or inducing another to violate or attempt to violate the Rules of Professional Conduct. Disciplinary Counsel also asserts that given the record in this case, the proper sanction for Ms. Luxenberg is a one-year suspension, with a fitness requirement.

         For the reasons stated below, we accept the recommendation of the Board.

         FACTUAL SUMMARY

         The findings of fact contained in the voluminous Report and Recommendation of the Board's Hearing Committee Number 12, and supporting record evidentiary documents, reveal the following factual context. Ms.

         Luxenberg commenced her practice of law as a member of the District of Columbia Bar in 1975. Eventually she was joined in practice by her husband, Stephen Johnson. While Mr. Dickens was completing his legal studies, he became a law clerk at the firm; he was hired in October 1995 because of his computer skills. His status changed to that of an associate in the firm in October 1996 when he became a member of the District of Columbia Bar.

         In 1998, the firm incorporated in Maryland as Luxenberg and Johnson, and in 2003, when Mr. Dickens became a partner, the firm changed its name to Luxenberg, Johnson and Dickens. The firm had no partnership agreement but Ms. Luxenberg always retained a 52% interest in the firm. Ms. Luxenberg's practice has been devoted to family matters such as divorce and custody. Although she has never been the managing partner of the firm, she decided which clients the firm would represent and who would handle the client matters. Mr. Johnson also had a family law practice, and he took on cases in other areas of the law.

         Mr. Dickens handled some cases with Ms. Luxenberg and some with Mr. Johnson, but also took on cases on his own, such as the representation, beginning in 2000, of Vernon Harris in the probate of Mr. Harris's sister's estate, and the representation of the personal representative of the estate of Dr. JoAnne S. O'Brien in April 2008 (the "Garrity/O'Brien" matter). There was a different arrangement in the case of Ms. Seltzer whose separation and divorce Ms. Luxenberg had handled in 1994. When Ms. Seltzer sought Ms. Luxenberg's representation in 2004 to update her estate plan, which included a revocable trust created in 1990 (the "1990 trust"), Ms. Luxenberg explained to Ms. Seltzer that she did not do that type of legal work; however, during a meeting at the law firm, Ms. Luxenberg introduced Ms. Seltzer to Mr. Dickens as the person who could do the required work. Mr. Dickens made a few amendments in 2004 to the 1990 trust, and he prepared a general power of attorney as well as a healthcare power of attorney for Ms. Seltzer. In response to Ms. Seltzer's request, Ms. Luxenberg became a co-trustee of the trust; Ms. Seltzer remained as the other co-trustee. In mid-November 2004, Ms. Seltzer executed the amended trust as grantor and trustee, and Ms. Luxenberg signed the document as trustee.

         In early 2007, Ms. Luxenberg and Mr. Johnson decided to move the main office of the firm from the District of Columbia to Maryland, and to maintain satellite offices in the District and Virginia. By this time Mr. Johnson's law practice was limited and his time centered on administration of the firm. Even though he was not a member of the Virginia Bar and Ms. Luxenberg had knowledge of that fact, Mr. Dickens worked out of the Virginia office that the firm leased in February 2007; the lease was signed by Mr. Dickens but the firm paid the rent for several months before delegating that responsibility to Mr. Dickens.

         The management of the small firm was not rigorous after the 2007 move of the main office to Maryland and Mr. Dickens' relocation to the Virginia office. Although the firm appears to have some policies and procedures to ensure compliance with ethical obligations, these were either loosely followed or not enforced with respect to matters handled by Mr. Dickens. Generally, the firm held biweekly staff meetings during which open cases were reviewed; however, Mr. Dickens' attendance at these meetings decreased significantly, his participation by phone was sporadic, and there were occasions on which he simply could not be reached. Moreover, despite the firm's record-keeping policies, Mr. Dickens failed to execute retainer agreements with clients that he represented, maintain proper billing records, and save electronic client documents to the firm's computer server. Even when the firm discovered that Mr. Dickens had clients for whom the main office had no records, or when the firm received checks, sometimes for substantial amounts of money, without documentation - as in the Garrity/O'Brien matter - the firm made little or no effort to ensure that Mr. Dickens followed its policies and procedures, as well as the ethical rules of the legal profession.

         There was limited contact between Ms. Seltzer and the Luxenberg firm in 2006 and 2007 regarding her trust. In late 2007, Ms. Seltzer was diagnosed with Stage IV colon cancer. She underwent surgery, followed by chemotherapy treatment which she received through 2009. During that period of time, in addition to Ms. Luxenberg's role as co-trustee of Ms. Seltzer's trust, Ms. Seltzer and Ms. Luxenberg became friends.

         Sometime in early 2009, Mr. Dickens advised Ms. Luxenberg that he planned to leave the firm to spend time on other interests, but that he could still handle some legal matters; he traveled quite a bit, apparently in connection with a Middle East telecommunications venture and also business at the Vatican. Around April 2009, Ms. Seltzer contacted Ms. Luxenberg because she desired some changes in her estate plan, to ensure that she properly provided for her adult children, Eric Seltzer and Jerri Seltzer Falk. She stated in an email on May 11 that if Ms. Luxenberg was too busy to handle her request and would like for Mr. Dickens to do so, that would be "okay." On the same day, Ms. Luxenberg responded that Mr. Dickens "would have to deal with any trust questions." Thereafter, Ms. Luxenberg sent Mr. Dickens an email detailing information about Ms. Seltzer's children and the family trusts; she ended the email by saying, in part, "I have told Michelle [Ms. Seltzer] I will still be involved and will talk to her and if necessary do conference calls with her and you." In addition, Ms. Luxenberg informed Ms. Seltzer that the firm would charge a discounted hourly rate of $375 "because of our long relationship with you."

         When she had not heard from Mr. Dickens, Ms. Seltzer sent emails to Ms. Luxenberg on July 6, and again on August 10, about the lack of communication from Mr. Dickens. On August 12, 2009, Ms. Luxenberg sent an email to Mr. Dickens, saying "I need to know if you can do this realistically. Otherwise we need to get someone else to do it." Mr. Dickens sent Ms. Seltzer a responsive communication and Ms. Luxenberg arranged for Ms. Seltzer and Mr. Dickens to speak by phone on a certain date. After speaking with Ms. Seltzer on August 18, 2009, Mr. Dickens sent an email to Ms. Luxenberg outlining the work to be performed on the trust and other documents, and he included mention of "[a] new trust" for Ms. Seltzer.

         Because Ms. Seltzer had not received any draft documents from Mr. Dickens and had learned that her cancer had "metastasized and spread, " she again reached out to Ms. Luxenberg on September 14, 2009, saying in part: "If this is an undertaking that [Mr. Dickens] is not interested in doing, I understand and perhaps I should find someone else. I do put my trust in both of you and that is why I felt you and [Mr. Dickens] could help me." Mr. Dickens claimed he had sent the documents by regular mail, then said he spelled the name of Ms. Seltzer's street incorrectly, and subsequently, he sent a package to Ms. Seltzer by FedEx on September 16, which she received. Ms. Luxenberg and Mr. Dickens apparently had a tense telephone conversation during which Ms. Luxenberg requested copies of the Seltzer documents for the firm's central files; Mr. Dickens apparently took offense at the tone and content of the conversation. By September 21, 2009, it became clear that the only document Mr. Dickens had sent to Ms. Seltzer at that point was the new trust, which he discussed directly with Ms. Seltzer on September 21. Both Ms. Seltzer and Mr. Dickens informed Ms. Luxenberg on September 22 and 23, that they were making progress on the trust. Later, Ms. Seltzer's son (undoubtedly at the request of his mother) sent Mr. Dickens a list of Ms. Seltzer's assets, including account numbers.

         Sometime thereafter, Mr. Dickens traveled to Rome. Upon his return, he sent Ms. Seltzer an email on October 20, 2009, acknowledging her calls and questions while he was away, the potential need for some changes in the trust, and the need to schedule a date for signing the trust. Between October 20 and October 26, Mr. Dickens and Ms. Seltzer exchanged emails regarding a date for the signing of the new trust. Although Eric and Jerri were included in the email exchange, Ms. Luxenberg was not, except for an October "FYI" email to her from Mr. Dickens on October 26, which included the chain of emails beginning on October 20. On the day of the signing of the new trust, November 2, 2009, Mr. Dickens met with Ms. Seltzer, Eric, and Jerri in the Luxenberg firm's Maryland office. Mr. Dickens did not provide a copy of the new trust, labeled the "Michelle S. Seltzer Family Trust, " to Ms. Seltzer's children before the meeting, and the schedule of Ms. Seltzer's assets was neither attached to the document she signed nor discussed during the meeting. Ms. Luxenberg did not see Ms. Seltzer or her children until the meeting had concluded; she claimed she did not know about the meeting or the signing.

         One month after the execution of the new trust, Ms. Seltzer sent Mr. Dickens an email inquiring about her will, and advising that she wanted to complete everything before going to Johns Hopkins for further treatment. She followed that email with another on December 4 stating, "if you still have any documents to complete could we take care of that now?" Subsequently, on December 11, 2009, Ms. Seltzer signed her new will, which essentially mirrored her old will, except that Mr. Dickens was appointed as personal representative of her will; the will named Stephen Johnson as Mr. Dickens' successor. The will was witnessed by a non-lawyer employee of the firm, Stephen Gleichman, and by Billy Tollar, Mr. Dickens' friend who later became his spouse. Apparently Ms. Luxenberg did not see the new will before it was presented to Ms. Seltzer, but Ms. Luxenberg was copied on a December 8, 2009, email that scheduled the will signing for December 11.

         On December 23, 2009, Mr. Dickens was supposed to meet Ms. Seltzer at her bank, but did not appear. Ms. Luxenberg sent an apologetic email to Ms. Seltzer the following day stating that Mr. Dickens "went away for Christmas." But Mr. Gleichman had earlier informed Ms. Seltzer that Mr. Dickens was "unfortunately stuck in court for a vicious case, " as the reason for his failure to keep the bank appointment with Ms. Seltzer; Ms. Luxenberg reiterated that reason in a later communication to Ms. Seltzer. In response to Ms. Luxenberg's email, Ms. Seltzer discussed her cancer treatments, and stated, "I'm sorry [Mr. Dickens] didn't relay where and why we were meeting since it wasn't extremely urgent. If he still wants to introduce himself to the officers of my bank, we'll have to do it after the first [of the year]."

         In late January and early February 2010, Mr. Dickens filed an application for an IRS EIN number for the new Michelle Seltzer trust; the information he sent to the IRS identified himself as "Grantor" and "Trustee" of the trust. He also notified Ms. Luxenberg about a change in his cellular service "[i]n preparation for my move to Italy, " and he received confirmation from the State Corporation Commission for the Commonwealth of Virginia that articles of incorporation for the limited liability corporation, JECRAL, LLC had been filed successfully. Earlier on December 11, 2009, (according to Mr. Dickens' First Account for the Seltzer Family Trust, filed on March 25, 2011), Ms. Seltzer had purchased an Assignment of a 1% interest in JECRAL and FRW Telecom with a demand note payable to Mr. Dickens in his individual capacity in the amount of $685, 000.

         Ms. Seltzer's condition continued to deteriorate, and her daughter notified Mr. Dickens on February 14, 2010, that Ms. Seltzer had been placed in hospice care at Casey House in Maryland. Ms. Luxenberg bought several plants and went to see Ms. Seltzer on February 23. Until Ms. Luxenberg encountered Mr. Dickens in the parking lot of Casey House, she was unaware that Mr. Dickens planned to visit Ms. Seltzer on the same day to obtain her signature on a legal document. When Ms. Luxenberg arrived in Ms. Seltzer's room, Ms. Seltzer asked her to witness papers that Mr. Dickens had brought for Ms. Seltzer's signature. Ms. Luxenberg did not read the document she was asked to witness but she understood that it pertained to "marshall[ing] assets for the trust for Michelle Seltzer . . . that were left in the PNC Bank." Ms. Luxenberg did not recall Mr. Dickens reading or explaining the document to Ms. Seltzer; nor did Ms. Luxenberg question Mr. Dickens about the document which stated: "To Any and All Officers of PNC Bank[, ] Please cash-in or liquidate all of the Certificates of Deposit that I have in your bank, including, but not limited to all those listed on the attached two sheets and give the proceeds to Dorrance D. Dickens, who is my attorney." Ms. Luxenberg did not see "the two attached sheets" because they were not affixed to the document that Ms. Seltzer signed. The other person who witnessed the document was Carolyn Hohlfeld, then a human resources employee with Montgomery County government who had assisted Ms. Seltzer while she was still working and receiving cancer treatments. She happened to be visiting with Ms. Seltzer on February 23 and Mr. Dickens asked her to witness a document. Like Ms. Luxenberg, Ms. Hohlfeld did not read the document and did not recall seeing any attachments, but Ms. Hohlfeld questioned Ms. Seltzer to be sure Ms. Seltzer was aware of the nature of the document she was about to sign.

         Armed with the February 23 document, Mr. Dickens proceeded to the PNC Bank on February 26, 2010, and transferred Ms. Seltzer's PNC assets to another PNC account for which he was the sole signatory, the "Michelle Seltzer Family TRT, Dorrance D. Dickens Trustee" account. He deposited $20, 000 of the funds into his personal account at another bank, the United Bank, on February 26, 2010. A few days later, on March 5, Ms. Seltzer succumbed to her illness. Mr. Dickens removed a total of $60, 000 from Ms. Seltzer's trust funds from two checks written on March 8 and 11; he again deposited the funds in his personal account at United Bank. He also wrote a check to the Luxenberg firm on the Seltzer trust account on March 11, in the amount of $4, 478 indicating on the memo line of the check "Legal Fees." The firm's bookkeeper posed an email question to Mr. Dickens about the missing bill that would explain the check; Mr. Dickens' return explanation was limited to, "[A]s soon as I decompress I will log on and handle it." Nevertheless, the firm cashed the check without any record confirming that it was entitled to funds from Ms. Seltzer's trust, a fact that Ms. Luxenberg acknowledged during her testimony before the Board.

         Not long after Ms. Seltzer's memorial service on March 11, her children, Eric Seltzer and Jerri Seltzer Falk, communicated with Mr. Dickens by phone and email to inquire whether he was ready to meet with them about their mother's estate, but he "kept putting [them] off." Eventually, on March 23, 2010, he notified the Seltzer children that he had been "traveling outside the country" but had returned; however, he did not indicate when he would meet with Mr. Seltzer and Ms. Falk. When Ms. Falk's April 1 email to Mr. Dickens, inquiring as to when they might meet "to discuss [the] will and other details, " received no response, Stuart Plotnick, the trustee of the trust created for Eric Seltzer by his father, called and requested Ms. Seltzer's will and trust. A paralegal at the Luxenberg firm reported the call by email to both Mr. Dickens and Ms. Luxenberg on April 15, 2010.[3] Mr. Seltzer informed Mr. Dickens on April 19 that he still had not received the requested documents. Finally, on April 20, the firm's paralegal sent the trust without the statement of assets, but not the will, to Mr. Plotnick. Mr. Plotnick immediately asked about the schedule of assets and Mr. Dickens responded via email, with a copy to Ms. Luxenberg, that he did not yet have a schedule of assets since "[m]ost of the assets will be coming from the estate per the will." Mr. Dickens sent another email to Mr. Plotnick on April 21, with a copy to Ms. Luxenberg saying, in part, that he was "in the process of going through the papers to locate the assets" and mentioning the assets of "a revocable trust" as well as the irrevocable family trust that he had created for Ms. Seltzer. After Ms. Falk pressed the issue of Mr. Dickens' non-response in an email dated April 23, Mr. Dickens sent her a check and cash around April 26 to cover Ms. Seltzer's funeral expenses and honorarium for the rabbi who officiated at Ms. Seltzer's memorial service. It was in April and again in July 2010 that Ms. Luxenberg went to the PNC Bank with Mr. Dickens to transfer assets belonging to the 1990 trust to the 2009 trust.[4] Ms. Luxenberg billed Ms. Seltzer's account for the second trip to PNC Bank with Mr. Dickens on July 13, 2010. As Trustee of Ms. Seltzer's amended 1990 trust and in accordance with Mr. Dickens' direction, she transferred $27, 742.12 from the Michelle S. Seltzer Trust funds at the bank to the Michelle Seltzer Family Trust, although she thought the funds were being transferred to "the irrevocable trust." On the same day she transferred a smaller sum for a total of more than $33, 000.

         By early August 2010, Mr. Seltzer and Ms. Falk had not received the information they had requested from Mr. Dickens about the assets of the trust. Mr. Seltzer reported to his sister on August 2 that he had spoken with Mr. Dickens who said "he ha[d] run into complications with [Ms. Seltzer's] assets because [she] has two trusts." Mr. Seltzer added that Mr. Dickens "[s]ays he will know soon how much is in the estate and then I imagine [he] will also work on getting checks out to us that were promised at the end of last month." On August 9 Mr. Seltzer again pressed Mr. Dickens by asking for an accounting of the assets in the Seltzer trust set up by Mr. Dickens, requesting "copies of the first trust" as well as an accounting, and inquiring "where the assets are being kept (for example, where [his] half of [his mother's] life insurance proceeds are." Mr. Dickens sent an extensive response on August 10, outlining what purportedly were the steps he still had to take, promising to send Mr. Seltzer and Ms. Falk $5, 000 each that day, and indicating that Ms. Luxenberg "is cooperating to get this done as efficiently as possible." Ms. Falk sent a rapid response to Mr. Dickens, with a copy to Ms. Luxenberg, asserting in part that more important than a distribution was "a full and accurate accounting of the assets that are supposed to be in the trust." Shortly after receiving her copy of Ms. Falk's email, Ms. Luxenberg asked Mr. Dickens for "all of the documents in the Seltzer file, " informed him that she had neither the trust documents nor the will, and reminded him that he had promised to submit the Seltzer file "a while ago when [he was] traveling the globe." Although Mr. Dickens sent Ms. Luxenberg some files, he did not transmit the schedule of assets or information about any of the trust bank accounts.[5]

         As the December 6, 2010, deadline approached for the filing of Ms. Seltzer's Maryland Estate Tax return, Ms. Gelfeld sent a formal letter to Mr. Dickens and Mr. Johnson expressing (1) concern that the estate might owe Maryland estate tax, and (2) concern not only about the absence of an accounting of estate and trust assets but also about the "[i]nability of Trustee to administer the Trust on a reasonable and timely basis." Ms. Luxenberg was aware of Ms. Gelfeld's letter through Mr. Johnson. Mr. Dickens sent an immediate defensive and partly dishonest response to Ms. Gelfeld claiming that he saw "no reason not to file the return by the deadline, " denying that the Luxenberg firm had any "responsibility for anything under either the trust or estate, " asserting that he had the responsibility and that Mr. Seltzer and Ms. Falk had "received a copy of the trust and Schedule A [listing Ms. Seltzer's assets] . . . on the morning Ms. Seltzer signed the trust agreement, " declaring that Ms. Seltzer personally transferred her PNC bank assets to her new trust, insisting that he was "administering the Estate and Trust in a reasonable and timely manner, " and failing to mention that he had already pilfered a large chunk of Ms. Seltzer's assets. Mr. Dickens offered to meet with Ms. Gelfeld on the morning of December 15. On December 8, an associate in the office of Gary Altman, Mr. Seltzer's attorney, sent a letter to Mr. Dickens indicating that Mr. Altman could participate in the December 15 meeting by phone.[6]

         As the new year dawned, Ms. Luxenberg became aware that Mr. Dickens had billed over $25, 000 in personal expenses to a firm credit card that she thought had been closed out by Mr. Dickens after the firm had paid off $27, 000 on the card in July 2007. Although Ms. Luxenberg had received calls from creditors about the credit card bill, she had hung up on the callers because she thought the card had been cancelled. Nevertheless, she began to communicate with Ms. DeLuca on January 5, 2011, asking her to get Mr. Dickens, who was facing heart surgery, to take care of the matter. Ms. Luxenberg explained during her hearing testimony that she was communicating with Ms. DeLuca instead of Mr. Dickens because "he wasn't returning her calls." However, Mr. Dickens sent a letter to Ms. Gelfeld and Mr. Altman on January 6, 2011, disclaiming that he had ever been asked to do an estate plan for Ms. Seltzer and asserting that had he done a plan for her he "would certainly [have] had a greater knowledge of her assets and their whereabouts and disposition than [he] actually did." He insisted that neither he nor Mr. Johnson had ever wanted to be a trustee of the trust or a personal representative of Ms. Seltzer's estate, and that after closing out the estate and the tax year, he would hand over the trusteeship. As the month of January drew to a close, Ms. Luxenberg was trying to locate Mr. Dickens through Ms. DeLuca on January 21 to wish him a happy birthday, while Ms. Gelfeld and Mr. Altman were writing to Mr. Dickens about serious problems they were discovering with his handling of Ms. Seltzer's assets and Mr. Dickens was trying to explain away their discoveries.

         By February 1, 2011, Mr. Dickens agreed to accept the recommendation of Ms. Gelfeld and Mr. Altman that Peg Shaw, an attorney licensed in the District of Columbia, prepare a Seltzer trusts/estate accounting. As Ms. Shaw worked on the estate accounting, she raised questions with Mr. Dickens about missing items such as Ms. Seltzer's pension funds, and Mr. Dickens sought to deflect the questions. Before Ms. Shaw completed the draft estate accounting on February 21, based on the information provided by Mr. Dickens, he had taken more money from Ms. Seltzer's assets - $3, 184.40 on February 10, and $6, 000 and $12, 000 on February 14. As Ms. Shaw began working with Mr. Dickens, but not Ms. Luxenberg, on the trust accounting in early March, she sent Mr. Dickens an email on March 2, 2011, informing him that a page from the estate tax return - listing the assets relating to "Mortgages, Notes, and Cash" - was missing. On that same day Mr. Dickens took $25, 000 from Ms. Seltzer's assets. The following day Ms. Shaw sent Mr. Dickens an email attaching the draft trust accounting and stating in part, "Please review the document called Missing Assets. This shows what I can account for and what I can't account for. We need to find the missing stuff."[7] Ms. Shaw sent a final draft accounting to Mr. Dickens on March 14 with an extensive email identifying problems, including "what happened to the approximately $300, 000 in CD's owned by [Ms. Seltzer] until she liquidated them . . . a few days before her death."[8]On March 18, 2011, Ms. Shaw sent Mr. Dickens yet another email identifying missing items from the estate and trust accountings. ...


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