COLUMBUS, Ohio – A former Belmont County attorney pleaded guilty to crimes related to stealing more than $882,000 from an elderly woman with dementia while purporting to act in her best interests under a Power of Attorney.
Mark Alan Thomas, 62, of St. Clairsville, Ohio, pleaded guilty to mail fraud, a federal crime punishable by up to 20 years in prison.
“My office is dedicated to protecting the most vulnerable among us, particularly those targeted through elder fraud,” U.S. Attorney Kenneth L. Parker said. “The victim, in this case, was 85 years old, exhibiting symptoms of dementia, and living in a senior-care facility, making the defendant’s conduct even more depraved.”
According to court documents, from 2012 through August 2019, Thomas defrauded a client while acting as her official agent under a “Power of Attorney.” Thomas took the victim’s money without her knowledge or permission to use it for his own benefit.
Thomas improperly used the victim’s Power of Attorney and his status as a lawyer – even after his law license was revoked in 2015 – to convince various entities, including banks and life insurance companies, to transfer the victim’s money for his use.
In May of 2012, a family member of the victim obtained a separate Power of Attorney for the victim, and Thomas drafted a revocation of the family member’s Power of Attorney for the victim to sign. Thomas acted as the notary to verify the victim’s signature on the revocation.
Furthermore, Thomas falsely told a banker he needed $200,000 from the victim’s investment account to set up an educational fund that the victim wanted to establish. Once he received the money from the bank, Thomas transferred the money to himself instead.
In January 2014, Thomas cashed more than $290,000 of the victim’s U.S. Treasury Bonds, then subsequently transferred $200,000 into his law firm’s bank account, and eventually into his own personal bank account.
According to court documents, in 2016, Thomas wrote letters to three life insurance companies purporting to be the victim asking to cash out the victim’s policies and direct all correspondence to Thomas.
Thomas was indicted by a federal grand jury in September 2021.
“Older Americans can be especially vulnerable to fraudsters who take advantage of the elderly and steal their hard-earned savings,” stated FBI Cincinnati Special Agent in Charge J. William Rivers. “It is deeply concerning when an individual exploits their position of trust in an effort to steal from a senior victim.”
“A power of attorney is a special kind of trust—and the abuse of that trust is a special kind of crime. It deserves an especially long sentence,” said Ohio Attorney General Dave Yost.