HARRISBURG – A former Washington County attorney has been charged with numerous counts of theft and forgery following an investigation by Pennsylvania State Police into allegedly misappropriating estate funds, forging and depositing a client’s settlement check, and forging official documents bearing the names of local officials.
Acting Attorney General Bill Ryan identified the defendant as James Marchewka, 43, 290 Pine Ridge Drive, Venetia, Washington County. Marchewka was disbarred from practicing law in April 2010.
Ryan noted that three separate criminal complaints were filed against Marachewka.
Misappropriating Estate Funds
According to the criminal complaint, in January 2008 Marachewka was hired to assist in administering a nearly $200,000 estate. Marchewka told the estate’s executor to send him everything that dealt with the Estate, assuring her that he would take care of all legal matters, pay all debts and file all taxes necessary
The charges state that in February 2008 Marchewka and the estate executor closed all preexisting bank accounts and opened a checking account for the estate where all cash assets were to be deposited.
Ryan said that following the transfer of money, the estate executor began to receive several notices from the local tax division requesting the estate inheritance tax be paid.
According to the criminal complaint, Marchewka never paid the required taxes on the estate and allegedly stole nearly $200,000 from the estate checking account.
The charges state that between February 2008 and March 2009, Marchewka wrote 11 checks from the estate checking account, nine of which were not authorized by the estate executor. Marchewka also allegedly executed three unauthorized transfers out of the estate account into an unknown bank account.
Settlement Theft
In separate 2008 incident Marchewka allegedly negotiated a settlement check between a client, who had sustained injuries in a minor traffic accident, and Allstate Insurance Company.
According to the criminal complaint, in February 2010 Allstate Insurance Company issued a $97,500 check to Marchewka to settle his client’s claims. The check was allegedly released to Marchewka based on a receipt, release and trust agreement bearing his client’s signature.
The charges state that Marchewka’s client never signed the agreement or gave permission for anyone to sign for her. She never received any of the $97,500 settlement.
Forgery on official documents
According to the criminal complaint, between 2005 and 2010 Marchewka represented a Washington County couple in several lawsuits. During this time, Marchewka allegedly produced several “authentic” documents in order to show his clients that he was working on their cases, leading them to believe they would receive monetary settlements.
The charges state that Marchewka provided his clients with a long list of court orders and checks bearing the signatures of prominent and elected officials in Western Pennsylvania, including:
. A correspondence bearing the signature of Allegheny County District Attorney Stephen Zappalla.
. Three government checks bearing the signature of Director of Allegheny County Department of Court Records, Kate Berkman.
. Three Orders of Court and one special warranty deed bearing the signature of Common Pleas Judge Janet Moschetta Bell.
. One Order of Court bearing the signature of Common Pleas Judge Katherine Emery.
. One special warranty deed, two court documents and two letters of correspondence bearing the signature of Attorney Patrick Derrico, and
. One letter of correspondence bearing the signature of Attorney Colin Fitch.
According to the criminal complaint, none of these individuals signed the aforementioned documents, nor authorized the use of their signatures.
Ryan said that Marchewka’s clients continued to pay him for his legal services until they discovered that he had been disbarred.
Marchewka is charged with three counts of forgery, two counts of theft by unlawful taking, two counts of theft by failure to make required disposition of funds, two counts of tampering with public records, and one count of theft by deception.
He was preliminarily arraigned before Cononsburg Magisterial District Judge David Mark and released on $50,000 cash bail.
Marchewka will be prosecuted in Washington County by Deputy Attorney General Anthony Krastek of the Attorney General’s Criminal Prosecutions Section.
