California diocese threatened with contempt
Lawyer Blogs
[##_1L|1407888105.jpg|width="180" height="128" alt=""|_##]A federal bankruptcy judge is threatening the Roman Catholic Diocese of San Diego with contempt for allegedly attempting to hide assets to avoid payment to clergy sexual abuse victims. Judge Louise DeCarl Adler ordered the diocese's lead attorney into court Wednesday to explain why she and her colleagues should not be sanctioned. Adler cited a March 29 letter sent by a diocese parish organization to pastors urging them to get new taxpayer identification numbers and transfer funds to new accounts. The threat Monday came six weeks after the diocese sought bankruptcy protection amid lawsuits by more than 140 people who accuse priests of sexual abuse.
The judge said any post-bankruptcy transfers between the diocese and parishes outside of normal cash operations violate her ruling against shifting the diocese's assets while the bankruptcy case is pending. She said any transfers require court approval.
In a sternly worded order, Adler said attorneys Susan Boswell, Jeffry Davis and Victor Vilaplana appear to have "conspired with parishes" to create new bank accounts separate from the diocese.
Boswell wrote in court documents Tuesday that no intentional misrepresentations or misstatements had been made. She said the diocese has "no access or control" over money in more than 770 bank accounts opened by parishes and parochial schools under the diocese's taxpayer identification number.
Davis wrote in court papers that he thought comments Adler made in an earlier hearing suggested that parishes should obtain their own taxpayer identification numbers for clarity in the bankruptcy case.
Attorneys for the alleged victims have repeatedly accused the church of trying to hide assets to reduce the overall sum available for potential settlements. They estimate that a fair settlement would total about $200 million.
In March, the diocese proposed a $95 million settlement schedule for victims that would offer plaintiffs anywhere from $10,000 to $800,000.
San Diego was the fifth U.S. diocese to file for bankruptcy. The other dioceses that have filed for bankruptcy protection are Davenport, Iowa; Portland, Ore.; Spokane, Wash.; and Tucson, Ariz. Tucson has emerged from bankruptcy protection, while proposed settlements are awaiting final approval in Portland and Spokane.
Related listings
-
Gonzales gets subpoena in US firings
Lawyer Blogs 04/11/2007[##_1L|1399079034.jpg|width="140" height="112" alt=""|_##]The US House Judiciary Committee issued a subpoena to US Attorney General Alberto Gonzales Tuesday for US Justice Department documents relating to the firings of eight US Attorneys. In a lette...
-
Cablevision appeals network DVR ruling
Lawyer Blogs 04/10/2007[##_1L|1072921747.jpg|width="160" height="74" alt=""|_##]Cablevision Systems Corp. appealed on Tuesday a federal court ruling that blocked the New York-area cable TV provider's rollout of a next-generation digital video recorder service. Cablevision ...
-
Judge Nixes Conrad Black Mistrial Motion
Lawyer Blogs 04/09/2007[##_1L|1187359994.jpg|width="100" height="117" alt=""|_##]Judge Amy St. Eve of the US District Court for the Northern District of Illinois denied a motion Monday for a mistrial in the prosecution of Canadian-born former media mogul Conrad Black on fr...
New York Commercial Litigation Law Firm - Woods Lonergan PLLC
Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.
